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

Vol. 154 WASHINGTON, WEDNESDAY, FEBRUARY 6, 2008 No. 19 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, storms in the northern part of the called to order by the Honorable BEN- PRESIDENT PRO TEMPORE, State, it is hard for me to understand JAMIN L. CARDIN, a Senator from the Washington, DC, February 6, 2008. the power of nature we see so often— To the Senate: and that we see more often than we State of Maryland. Under the provisions of rule I, section 3, of the Standing Rules of the Senate, I hereby used to with these tornadoes occurring PRAYER appoint the Honorable BENJAMIN L. CARDIN, throughout this country. The Chaplain, Dr. Barry C. Black, of- a Senator from the State of Maryland, to Last night and this morning, violent fered the following prayer: perform the duties of the Chair. storms raged through five States, in- Let us pray. ROBERT C. BYRD, cluding Alabama, Arkansas, Kentucky, President pro tempore. Almighty God, Heavenly Father, Mississippi, and Tennessee. They were violent. It appears there will be more open our hearts to Your movement in Mr. CARDIN thereupon assumed the than 50 people declared dead, scores of our midst. As we trust Your providence chair as Acting President pro tempore. people have been injured, and there was and cling to Your promises, give us f a tremendous loss of personal property. wisdom and spiritual vision to see You RECOGNITION OF THE MAJORITY Our thoughts, of course, this morning at work. LEADER go out to the victims. We, in all our Today, I claim for our lawmakers The ACTING PRESIDENT pro tem- States, have had occurrences relating Your promise through Jeremiah: Call pore. The majority leader is recog- to natural disasters. But I think we to Me, and I will answer you, and show nized. should all pause and think about the you great and mighty things which you f lives of these people who have been do not know. snuffed away by this violent set of Lord, keep our Senators from being SCHEDULE storms throughout the country and the intimidated by the challenges they Mr. REID. Mr. President, it is a big loss to their loved ones, their neigh- face. Clothe them with the armor of in- day today. Our three Presidentials are bors, and their families. tegrity, shield them with Your truth, going to be here, and we have a 5:45 We have heard reports this morning and guide them with Your power. Help vote. We are looking forward to that. of how our first responders reacted. them to please You by living holy and We don’t see them as much as we used The police, firefighters, and National peaceful lives. Give them a hunger for to. Guard medics worked through the Your words and a desire to apply Your Following my remarks today and night, around the clock, to save lives. knowledge in their daily walk. those of the Republican leader, there The latest event we had in Nevada was We pray in Your precious Name. will be an hour of morning business, so minor compared to this. We had a Amen. equally divided, with Senators per- levy break and flood waters inundated mitted to speak therein for up to 10 hundreds of homes. We were very con- f minutes each. The majority will con- cerned about that. But the one thing trol the first half and the Republicans we did recognize is how the police, fire- PLEDGE OF ALLEGIANCE will control the second half. fighters, and other first responders re- The Honorable BENJAMIN L. CARDIN Following morning business, the Sen- acted so quickly. What took place last led the Pledge of Allegiance, as follows: ate will resume consideration of the night is so much more significant than I pledge allegiance to the Flag of the Foreign Intelligence Surveillance Act, what we had in Nevada. It is difficult United States of America, and to the Repub- as under the previous order. Rollcall to comprehend the severity of what lic for which it stands, one nation under God, votes may occur throughout the day in happened last night. The work of the indivisible, with liberty and justice for all. relation to FISA amendments. As I first responders, and others, will con- mentioned, there will be a 5:45 p.m. clo- tinue around the clock for some time. f ture vote on the Finance Committee Rebuilding will begin and I am con- amendment to the economic stimulus. fident that, as a congressional body, we APPOINTMENT OF ACTING Second-degree amendments to the fi- will be called upon to help in some PRESIDENT PRO TEMPORE nance amendment are due by 4 p.m. form or fashion. The PRESIDING OFFICER. The today. THE ECONOMY clerk will please read a communication f Mr. President, the top priority of this to the Senate from the President pro Congress right now is to bring relief to tempore (Mr. BYRD). VIOLENT STORMS Americans who are struggling through The assistant legislative clerk read Mr. REID. Mr. President, being from a troubled economy. One need only lis- the following letter: the desert and seeing, on occasion, ten to the morning news, as I did, to

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

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VerDate Aug 31 2005 00:25 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A06FE6.000 S06FEPT1 smartinez on PRODPC61 with SENATE S680 CONGRESSIONAL RECORD — SENATE February 6, 2008 see that the economy is stumbling and atives in Washington trying to help ing to determine the extent of the dam- staggering. The stock market fell by 3 them. age. percent yesterday. The Japanese mar- One of the pet projects we have is ex- I ask my colleagues to join me in kets, after that—we got reports today tending unemployment benefits to peo- praying for the families of the victims on that—fell by almost 5 percent. The ple who have been out of work for a and to all who have been touched by European markets are down. long time. I very much appreciate the these terrible storms. State and local Today, our work continues to try to homebuilders being advocates for our officials are working as hard as they focus attention on this troubled econ- Senate stimulus package. can to survey the destruction and get omy, to try to help in some way. As I Those who are unemployed don’t help to anybody who needs it. have indicated, at 5:45, we will hold a have anyone here. They don’t have lob- cloture vote on the plan to proceed to byists calling for Republican Senators f the Senate Finance Committee’s eco- to support it. This is the package we STIMULUS PACKAGE nomic stimulus plan. I spread on the got from the Senate Finance Com- record of this body last night editorials mittee. This is an important part of Mr. MCCONNELL. Mr. President, it from around the country supporting the stimulus package—to give rebates has been 19 days since the President the Senate stimulus plan. It is the one to people who are out of work and have called for a stimulus plan, and econo- that will get money into the pockets of been for an extended period of time. mists called for swift action on it. people who need it and will spend it They will spend it. Republicans and Democrats in the very quickly. This is in no way to deni- Helping Americans struggling to pay House got the message, and they made grate the House plan. It was only a their heating bills through the some hard choices, showed restraint, start. LIHEAP is a pet project. I have sup- and forged a bipartisan compromise lit- Why do we need a stimulus plan? ported this project for years. We sup- erally within days. Look at the stock market, look at the port this project. You give these people Unfortunately, Senate Democrats rising gasoline prices, heating for our the money and they will spend it—and didn’t follow suit. They turned the idea homes, and the housing crisis, the fore- they will spend it now. into political gamesmanship, with the closure rate, which is more than 600 The growing housing crisis is cer- head of their campaign committee call- percent in Reno, NV. It is 275, on aver- tainly a pet project of mine, as indi- ing for ‘‘tough votes.’’ age, in Florida. It is more than 300 per- cated by the statistics we have in The American people are tired of po- cent in California, with 37 million peo- Reno, NV, and other places in Nevada. litical ‘‘gotcha.’’ We don’t have time ple. The Labor Department’s recent We should join to build on the House for it. The economy needs a boost right jobs report showed the economy lost bill. The bill that comes from the now. So I think we need to step back 17,000 jobs in January. That is a few of House has to go to conference anyway and ask ourselves what this exercise the problems we should be concerned because there is language in the House was all about in the first place. about. bill dealing with people who are un- My preference is to modify the House Whether American families are in- documented who would have benefits. package to include rebate checks for vesting in the market—some are and I hope we can join to put this pack- seniors and disabled veterans and cer- some aren’t—the gathering storm age out as quickly as possible, take it tainly eliminate the possibility that clouds point to the need for Congress to conference and work with the Presi- any illegal immigrants will get checks. to take action. dent and come up with something bet- The White House and Treasury Sec- The Finance Committee’s plan builds ter than the House bill. retary have indicated support for such on the House bill and makes it better. The stimulus package will put money a plan, so we can expect it will be I repeat, this is not HARRY REID speak- in the pockets of those who will spend signed into law. ing, it is from all over the country, it and help our country recover from Meanwhile, we have no such assur- talking about the need to do something this troubled economy. We are in for a ance for the alternative, larger pro- quickly and focus attention on the long, slow grind, but we can shorten it posal Senate Democrats apparently are Senate stimulus plan. by doing something to stimulate the still hashing out. We read this morning A couple of my friends on the other economy now. The Senate Finance that ‘‘negotiations are still ongoing’’ side have talked about why didn’t we Committee package does that. It is bi- among Democrats about what to in- do this. One referred to what we have partisan, and it needs to be done as clude in the final package. in the stimulus package as ‘‘Christmas quickly as possible. We started out united behind a pro- posal to help struggling taxpayers and tree ornaments.’’ Another referred to f them as ‘‘pet projects.’’ I have to plead stimulate the economy. Now some are guilty to the pet projects. RECOGNITION OF THE insisting on a plan that might not even Providing rebate checks to 21.5 mil- REPUBLICAN LEADER be signed into law. lion seniors is a pet project of mine. I The ACTING PRESIDENT pro tem- However, there is still another think it is a good program. All 51 pore. The Republican leader is recog- choice. We can still pass a bill that is Democrats agree it is a pet project we nized. targeted and timely and which helps all support. Providing rebate checks to f seniors and disabled veterans—and that 250,000 wounded American veterans is is the amendment I will be offering another of my pet projects. Give the WINTER STORMS later today with Senator STEVENS. money to the seniors and to the wound- Mr. MCCONNELL. Mr. President, I The Reid amendment, on the other ed American veterans and they will will start the day by acknowledging hand, might not even get signed. spend it. Providing tax incentives to the tragedy that has befallen several So should the Reid amendment fail, small and large businesses is also a pet States in the South, including my own we should immediately move to in- project. Why? Because it will stimulate State of Kentucky. clude seniors and disabled veterans, ex- the economy and give them the money According to news reports, rare win- clude those who are not legal citizens, and they will spend it. ter storms struck across Kentucky, Ar- and then quickly send this good, bipar- I was at a breakfast at 8 o’clock this kansas, Tennessee, and Mississippi. tisan, House-passed bill, as amended, morning. We had a number of groups News reports indicate at least 44 people back to the House, which I am sure will there, but the homebuilders were there. have been killed, and 7 of those were in pass it quickly, and send it to the They are out in force. They have cov- my State—4 in Allen County, which is White House for signature. To do less ered Washington. They are focusing at- along the Tennessee border, and 3 in would break faith with the American tention on Republican Senators be- Greenville, which is in Muhlenberg people who were told nearly 3 weeks cause this legislation is the most im- County in the western part of our ago they could expect relief quickly. portant legislation for the home- State. I urge my colleagues and the whole building industry to come about in the Thousands more are left with damage body to support it so we can deliver past decade. This is important legisla- or destroyed property or are without timely help to the American people. tion. The homebuilders have represent- power. The authorities are still work- Mr. President, I yield the floor.

VerDate Aug 31 2005 00:25 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.001 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S681 RESERVATION OF LEADER TIME landscape scales. A lack of sufficient paying for gasoline, the cost of food The ACTING PRESIDENT pro tem- funding is one of the primary reasons. and prescription drugs, they can use pore. Under the previous order, the Restoring landscapes takes a signifi- the money. An additional $500 or $600 leadership time is reserved. cant amount of funding over a signifi- will be spent by them. That was in- cant period of time. cluded in the Senate finance package. f To address that problem, the Forest That was not in the original House MORNING BUSINESS Landscape Restoration Act authorizes version. I think that is a positive im- $40 million per year for 10 years to be The ACTING PRESIDENT pro tem- provement. paid into a national pool. Eligible land- pore. Under the previous order, there Then they also said: If we are talking scape restoration projects from around will now be a period for the transaction about groups of people who should be the country would compete for a por- of morning business for up to 60 min- recognized, those disabled veterans tion of that money. Mr. President, $40 utes, with Senators permitted to speak from previous conflicts and certainly million is not nearly enough money to therein for up to 10 minutes each, with from Iraq and Afghanistan should be fund landscape-scale treatments in all the time equally divided and controlled included as well. There is argument of the forest landscapes that need res- between the two leaders or their des- here. Those men and women certainly toration, but it is a realistic amount ignees, with the majority in control of deserve special consideration for all for us to pursue at this time, and it is the first half and the Republicans in they have given to America. So that enough to make landscape-scale res- control of the final half. was added to the House version of the toration a reality. The Senator from New Mexico is rec- bill on the part of the Senate Finance Because of funding and other chal- ognized. Committee. lenges, landscape-scale restoration re- Then they went to another category, f mains largely theoretical. As a result, and this is one the economists say is a FOREST LANDSCAPE this legislation is designed to be both very important category: people who RESTORATION ACT practical and experimental. It does not are currently unemployed, those folks redirect existing efforts. Instead, it Mr. BINGAMAN. Mr. President, yes- looking for jobs, many of whom are adds to existing efforts by creating a struggling to keep their families to- terday I introduced legislation that has program that will make planning, been given the number S. 2593, the For- gether while they find a job after they funding, and carrying out at least a have been laid off from previous em- est Landscape Restoration Act of 2008. handful of these landscape-scale res- I developed this legislation with Sen- ployment. If they receive additional toration projects possible. money, economists say they are most ators DOMENICI and FEINSTEIN, who are Again, I thank Senators DOMENICI cosponsors of the bill. We also have as likely to spend it in a hurry. So they and FEINSTEIN and the other cosponsors encouraged us to include them in the cosponsors Senators ALLARD, WYDEN, of this legislation for working with me SALAZAR, CANTWELL, CRAIG, AKAKA, relief we are providing with this tax re- on this bill. I also thank the many bate. and CRAPO. I also am pleased to point stakeholders from across the spectrum I have been listening carefully to see out that Chairman GRIJALVA in the for their input on the legislation, in- if our Republican colleagues believe House of Representatives is intro- cluding the Nature Conservancy which these people deserve help as well. I am ducing a companion bill, and I look for- has been very supportive of this effort. beginning to believe this is the real ward to working with him as his sub- Mr. President, I yield the floor. problem the Republicans have. They committee in the Natural Resources The ACTING PRESIDENT pro tem- are concerned about giving additional Committee moves forward with that pore. The assistant majority leader. money to people who are currently un- bill. f This legislation establishes a pro- employed. Yesterday, one Senator from gram to select and fund projects that ECONOMIC STIMULUS PACKAGE Texas on the Republican side said that restore forests at a landscape scale Mr. DURBIN. Mr. President, I thank just encourages them not to find work. through a process that encourages col- the majority leader, Senator REID, who I took a look at the amount of money laboration, relies on the best available was here earlier today talking about that is paid to people on unemploy- science, facilitates local economic de- the economic stimulus package. What I ment. It is hard to believe that is the velopment, and leverages local funds have tried to do is to understand at kind of money that will lead to a life of with national and private funding. this moment where the Republicans leisure, where you decide: Heck, I don’t As many of my colleagues know, we are, and it is hard to follow because need a job; I have unemployment bene- are facing serious forest health and initially there was agreement between fits. wildfire challenges throughout our the Republican and Democratic leaders It turns out that unemployment ben- country. A century of over-aggressive in the House—Speaker PELOSI, Con- efits are not that generous—$500 a fire suppression, logging, and other gressman BOEHNER, and Secretary week would be a big number, and for land uses have significantly deterio- Paulson of the Bush administration. many it is a lot less. If we suggest peo- rated entire landscapes. They came up with the notion that to ple will stop working with that kind of These conditions have played an im- get the economy moving forward, we income, I think it overlooks the obvi- portant role in the extraordinary should send a rebate check of about ous. Many people in lower income cat- wildfires and insect-caused mortality $600 for individuals and $1,200 for fami- egories struggle from paycheck to pay- that we have seen literally on millions lies and additional money for children check. Losing a job creates a family of acres of national forest and other across the country, which is certainly emergency. What we are talking about lands. To address these problems, it is an excellent starting point because the is whether we should provide addi- critical that we begin trying to restore administration was persuaded to in- tional help to those unemployed. This our forests on a landscape scale. clude the lower income families across has been done before. It is not a new Landscape-scale restoration is key America, and there were limits on fam- concept. In fact, historically, if you for controlling wildfire suppression ily income as to eligibility. want to fire up the economy and put costs. It is an important component of The Senate Finance Committee took spending power in the hands of people successful economic development. It is up this proposal from the House and across America, helping the unem- important for the health of many of suggested a few changes. I think each ployed is one of the first places you our forest ecosystems. one of them is a positive change. For turn. Despite the importance of landscape- instance, they said: Let’s include 21 The way the Finance Committee does scale restoration, neither the National million seniors receiving Social Secu- it is to extend unemployment benefits, Fire Plan nor the Healthy Forest Res- rity checks. If the idea is to put the currently at 13 weeks, another 13 toration Act nor any of the other ef- money in the hands of people who will weeks, which will be another 3 months forts we have made to date have been spend it, certainly our seniors on fixed or so, except for States with the high- very successful in facilitating restora- incomes, many who struggle with util- est unemployment, and then they tion and hazardous fuels reduction on ity bills, keeping their homes warm, would be extended another 26 weeks

VerDate Aug 31 2005 00:25 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.003 S06FEPT1 smartinez on PRODPC61 with SENATE S682 CONGRESSIONAL RECORD — SENATE February 6, 2008 total. That is a way of providing spe- There being no objection, the mate- have this notion that if wealthy people cial help in areas of high unemploy- rial was ordered to be printed in the have more money, they somehow will ment. RECORD, as follows: fire up the economy. I took a look at the estimated num- I come from a different economic Estimated number ber of people who will exhaust their of people that will school. It started with Principles of Ec- jobless benefits State by State. In my State exhaust State job- onomics that I took at Georgetown State, it is 57,000 people. Let’s take a less benefits (Janu- ary to June 2008) University not too far from here when look at a State such as Senator Father Zyrinyi came into our class and MCCONNELL’s State of Kentucky: 11,458 Alabama ...... 12,510 Alaska ...... 6,913 explained the marginal propensity to people will see their unemployment Arizona ...... 18,846 save. If you are a wealthy person, you benefits end unless we enact this Sen- Arkansas ...... 16,505 California ...... 218,496 are more likely to save the next dollar ate Finance Committee version of the Colorado ...... 12,996 handed to you than a poor person, who bill; Arizona, Senator KYL’s home Connecticut ...... 17,250 Delaware ...... 3,776 is more likely to spend it. So if you State, 18,846. Let’s go down to Texas D.C...... 4,769 want to get the economy going and where Senator CORNYN says he thinks Florida ...... 86,092 Georgia ...... 39,826 fired up, you would give as many dol- this encourages people not to look for Hawaii ...... 2,654 lars as you can to those in lower in- work: 49,000 people are about to lose Idaho ...... 5,151 Illinois ...... 57,093 come categories. their unemployment insurance bene- Indiana ...... 33,598 Historically, the Republican ap- fits. Iowa ...... 8,736 proach has been just the opposite: Give Kansas ...... 7,754 The point is, unemployment is at a Kentucky ...... 11,458 the tax cuts, give more spending power relatively low level in this country, ac- Louisiana ...... 11,140 to people who are wealthier—folks who Maine ...... 4,019 cording to Senator KYL. These are his Maryland ...... 15,848 have not asked for it and folks who, in words: Massachusetts ...... 34,275 many cases, do not need it. In my opin- Michigan ...... 72,136 Unemployment is at a relatively low level Minnesota ...... 19,237 ion, a tax code, if it is to be fair, is in this country, and it would be a huge mis- Mississippi ...... 7,819 going to be progressive and say to Missouri ...... 17,727 take to exacerbate the unemployment situa- those struggling at the lower ends—the tion by extending unemployment benefits. Montana ...... 2,996 Nebraska ...... 6,009 working families and middle-income I am quoting from a statement that Nevada ...... 15,645 New Hampshire ...... 1,848 families—let’s be generous to them be- Senator KYL made, not Senator New Jersey ...... 66,415 cause they are the ones living pay- CORNYN. I want to make that correc- New Mexico ...... 6,142 New York ...... 84,866 check to paycheck. tion for the record. Senator KYL was North Carolina ...... 48,245 Well, now the chickens have come the one who questioned the wisdom of North Dakota ...... 1,562 Ohio ...... 35,320 home to roost with this economy. As extending unemployment benefits. Oklahoma ...... 7,515 the economy is heading downward, the So in Senator KYL’s home State, it Oregon ...... 20,695 Bush administration has discovered appears that 18,846 people are about to Pennsylvania ...... 58,976 Rhode Island ...... 7,038 poor people. They have discovered see their unemployment benefits come South Carolina ...... 21,960 working families. It is no longer just a to an end, and he, I assume from his ar- South Dakota ...... 304 Tennessee ...... 22,037 matter of tax cuts for people making gument, believes that is a good thing Texas ...... 49,104 over $300,000 or $400,000 a year. because now this will prod them into Utah ...... 4,029 Vermont ...... 1,763 So if we are going to be sensible and looking for work, and he is not sup- Virginia ...... 17,076 really want to enliven this economy, porting extension of these unemploy- Washington ...... 18,253 West Virginia ...... 4,179 the unemployment benefits are the ob- ment benefits for 18,846 people in his Wisconsin ...... 32,401 vious place to turn. Extending unem- home State. Wyoming ...... 1,147 ployment benefits is not only humane That has become one of the major Total ...... 1,282,149 elements of debate in terms of whether and moral for families out of work, but Source: U.S. Department of Labor data. the Republicans will support the Sen- it works to try to breathe some life ate Finance Committee version. Let Mr. DURBIN. Mr. President, as this into this economy and start more con- me add, it was a bipartisan vote that economy continues to deteriorate and sumer demand and, with that consumer brought the bill out of committee— we see these wild gyrations in the demand, the expansion of business and Senator GRASSLEY of Iowa, joining stock market, there are a lot of people the expansion of employment and prof- with, I believe, Senator SMITH of Or- concerned. Yesterday, the stock mar- its and ultimately an improvement in egon and Senator SNOWE of Maine, if I ket went down over 300 points. I know the stock market. That is just funda- am not mistaken. All three voted for it has its good days and bad days, but mental Keynesian economics that we the Senate Finance Committee version it has had more bad days than good have studied over the years. of the bill that was brought to the days for a long time. This resistance on the Republican floor. A lot of people in days gone by paid side to helping unemployed people is Let’s take a look at some other little or no attention to the stock mar- troublesome. It is the same mindset States where unemployment benefits ket. My mom and dad did not own a that was in vogue on the Republican might be important. In the State of share of stock during their married side for years when they opposed in- Mississippi, 7,819 are about to lose their life. They were too busy raising three creasing the basic minimum wage in unemployment benefits unless the Sen- kids. They could not afford anything this country. That used to be bipar- ate finance version passes as an eco- like that. If they could put a few bucks tisan. It wasn’t politically dogmatic to nomic stimulus. As I mentioned, in my in the savings account to save up for be against increasing the minimum home State of Illinois, 57,000 are look- the next used car, that is all they wage. Even Republican Presidents did. ing for assistance in that regard. looked forward to. But then came this new mindset which As I go through this list—North A lot of people view it differently be- said that even if people are working for Carolina is another good example. cause that stock market reflects the a small amount of money, they can North Carolina, 48,000 people in the value of 401(k) plans, IRAs, retirement just get another job if they need to get State, obviously suffering from some plans, and savings that people count on by. That is hardly consistent with fam- high unemployment, are about to lose in years to come. When the stock mar- ily values, but it prevailed. Over a long their unemployment benefits. The ket is heading south, people are look- period of time—10 years, in fact—there State of Ohio, 35,320 otherwise will lose ing at it in worried terms. was no increase in the Federal min- their unemployment benefits. What we are trying to do is invig- imum wage, until Democrats took con- Mr. President, I ask unanimous con- orate this economy and get it moving trol of Congress last year. We point to sent to have printed in the RECORD this again. For the longest time, the Repub- that with pride because it is something table so all the States, based on the licans have argued that the best way to House and Senate Democrats promised current U.S. Department of Labor invigorate the economy in good times would be high on the priority list, and data, will be reported officially in the and bad is to give tax cuts to the we did it. Again, we were focusing on RECORD. wealthiest people in America. They people left behind in an economy that

VerDate Aug 31 2005 00:25 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.004 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S683 is not as powerful and as healthy as we the Budget Committee, made a presen- think direct help to working families is would like it to be. Now unemployment tation to us yesterday indicating that the most effective way to do it. The re- benefits fit the same category. President Bush inherited a surplus bates we would send to those families When I think of plants across Illinois when he came into office and a na- is money that could be well spent. I that have closed, putting people out of tional debt in the area of $5.7 trillion, think this extension of unemployment work—not to mention smaller busi- and now it could virtually double by insurance has been proven to be very nesses—it is through no fault of their the time he leaves office. So this is the effective. Mark Zandi, who is with own that people who once worked at a reality that faces us. Moody’s Economy.com, estimates this good manufacturing plant in Illinois or Mr. President, how much time re- would be the second most effective any other State don’t have a job today. mains in morning business? stimulus measure of all the ideas under They have lost their benefits, lost their The ACTING PRESIDENT pro tem- consideration, generating $1.64 in in- health insurance in many instances, pore. On the majority side, 10 minutes. creased economic activity for every and don’t know which way to turn. Mr. DURBIN. Ten minutes. I see no dollar of rebate. This money can be dis- Some have limited education and need other Members seeking recognition, so tributed very quickly, since the weekly time to at least get back to school or I will stay on this point in recognition benefits are capped at $350 for a single back for some training so that they of the economic situation we are fac- individual in Illinois, and it wouldn’t can make some money again. Why ing. cost that much to extend it. wouldn’t we want to help these people? The national debt of America has The Senate finance package is a Beyond the economics of it, doesn’t doubled in the last 7 years under Presi- great bill. We could have done better. I it seem only fair, if we are going to try dent Bush. We have accumulated more wish we could have included, for exam- to help people and help the economy, debt under President Bush than under ple, an improvement in food stamps. that we would start with the unem- all of the previous Presidents of the Over the holidays, last Christmas sea- ployed? The list which I have sub- United States combined. Now, that is son, I went to food banks around Illi- mitted, which will be printed in the the kind of statement that could easily nois. These are some great people. CONGRESSIONAL RECORD, is an indica- be challenged but I don’t think will be They do not work to make a lot of tion of how many, nationwide, it would because we have the facts to back us money, but they work to do a lot of help. The number is roughly 1.3 million up. We have incurred this debt because good in their communities. They gath- who would be helped by the extension we have had a war the President has er surplus food and distribute it to of unemployment insurance benefits. not paid for, nor asked Congress to pay families who need it, and they are find- When Senator KYL argues it would be for, and we have had a tax cut policy ing that more and more working fami- a huge mistake to help the unemployed which is unique in the history of our lies are showing up at food banks, and in America, he is arguing against the country. No President of our country more and more families, even if they bipartisan approach to fighting reces- has ever asked for a tax cut in the are working, can qualify for food sion which we have had for the longest midst of a war. stamps. So food stamps, which, unfor- period of time. I hope his opinion on Here is a figure that ought to con- tunately, don’t provide enough money this bill does not prevail. We need to do cern us as well. Since March 2001, for- to really cover the cost of meals, could our best to try to help the families who eign investors have financed nearly 80 be improved, and that would help our are trying to get by. percent of our Federal budget deficit. economy. It is not included in the Sen- In my home State of Illinois, since So in order to get by, if you are spend- ate finance package, but it should be. President Bush took office 7 years ago, ing more than you are raising in taxes, Finally, I think we need to under- relative to inflation, the median house- we have to borrow it, and we borrow it stand that one of the other ways we hold income has decreased by 10 per- from foreign governments, which in- can help bring this economy forward is cent. So instead of an improvement in creasingly become our bankers and to invest in the infrastructure of Amer- income, families in my State have seen mortgagers. It is not a healthy rela- ica. I just flew in this morning from their income go down during President tionship when countries such as China, Chicago—one of our great American Bush’s administration. Japan, Korea, and the OPEC nations cities. But even that city, with its The number of residents of my State become the largest creditors of the mass-transit system, needs a massive living in poverty since President Bush United States. They have a lot more capital investment, not only to repair came to office has grown by 10 percent clout than we might like to see. what is there but to extend it for serv- in that same period of time. And that It was just a few months ago that ice to other areas. It would be good for was a period of time when the Repub- there was speculation by one econo- our economy, certainly good for the en- licans and the President were resisting mist in China that they may decide to vironment, and it will create good jobs. the idea of increasing the minimum move away from a dollar-denominated These are jobs that can’t be wage, incidentally. international transaction to use the outsourced. When we are doing infra- Health care premiums in Illinois Euro, which is a stronger currency structure projects in Maryland or in have risen 29 percent since President than the American dollar. Just that Tennessee, we are doing projects that Bush took office, and 152,000 more peo- rumor, from a low-level economist in have real value, not only for the com- ple in my State don’t have health in- China, sent chills through the stock munities but for the men and women surance since President Bush came market, and we saw stock prices go who are at work and whose paychecks into office. down. It is an indication of how de- are invested back into the commu- Those families lucky enough to get pendent we are becoming as a nation as nities. their kids in college are facing sticker we go further in debt to fund a war So I am hopeful that at some point shock. The cost of college in Illinois which now costs $4 billion a week and beyond this current discussion about has risen 51 percent since President also to fund tax cuts in the midst of an emergency stimulus package, we Bush was sworn in. that war primarily for the wealthiest can extend our stimulus approach to A gallon of gas, of course, is up 77 people. even more investment—investment in percent in cost, which is an added ex- The President has said many times highways and mass transit; in bridges, pense, particularly to low-income fami- that he believes in the so-called owner- in making certain they are safe and we lies. ship society. But the ownership society don’t witness the kind of tragedy we To make ends meet, families across hasn’t given most American families had not that long ago in Minneapolis; America, and certainly in Illinois, have greater control over their financial investments in water resource develop- no place to turn but debt. Debt for destiny. The owners of the ownership ment—for instance, the locks and dams these families has increased at a rate society, by and large, have zip codes on the Mississippi and Illinois Rivers, four times faster than it did in the overseas. They are foreign investors desperately in need of rebuilding. All 1990s. And it is not just families sink- who own the debt of America. those are good opportunities to put ing in debt. The President’s new budget There are a lot of suggestions of how people to work, to reduce the unem- makes it clear that America is sinking to get out of this. Some have suggested ployment rate, and to put money back in debt. Senator CONRAD, chairman of corporate tax cuts and others, but I into the economy. There is hardly a

VerDate Aug 31 2005 00:25 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.006 S06FEPT1 smartinez on PRODPC61 with SENATE S684 CONGRESSIONAL RECORD — SENATE February 6, 2008 State in our Nation that can’t come up The ACTING PRESIDENT pro tem- ing me to express my remarks, and I with critical infrastructure projects we pore. The senior Senator from Ten- look forward to working with him to could invest in to make America nessee is recognized. help deal with the pain that has been stronger. It is one of the few things Mr. ALEXANDER. Mr. President, I caused to many Tennesseans. Government does which we can show thank my colleague from Chattanooga I yield for Senator CORKER. has a direct relationship to economic for his courtesy. I, too, would like to Mr. CORKER. Mr. President, thank growth. talk about the economic stimulus you for letting me spend a few minutes Certainly we understand that this package and how we Republicans have on this topic that is such a huge issue current economic crisis we face had its been ready to go to work on it for 2 in the State of Tennessee. I certainly genesis in the subprime mortgage mar- weeks, and will later today. But Sen- thank our senior Senator for his lead- ket, and we shouldn’t overlook the fact ator CORKER and I have something that ership. Our senior Senator was also the that 2.2 million Americans stand to is closer to our heart today, and that is Governor of Tennessee. I know he lose their homes to foreclosure. I think the devastation that came across our knows full well what many people the administration’s proposal so far State last night from a string of torna- across our State today are facing. Again, I thank him for his leadership has been anemic. This notion that we does that was as rough and as pervasive on so many issues. I know both of us would ask mortgage companies and fi- as anything I have seen in my lifetime. today have spent time talking with nancial institutions to voluntarily re- Most Americans saw reports of it county mayors across the State of Ten- structure mortgages will take us, per- while they were watching coverage of nessee, talking with our Governor, the elections, but the trouble began in haps, a short walk down the road but talking with officials at Union Univer- Memphis in the middle of the day, with not where we should be. We need to sity and other places. I know that for schools being closed because of torna- find better ways to give these families, all of us our hearts and prayers go out if they can, the ability to stay in their does. It moved on to Jackson, where not only to the people of Tennessee but homes and make their mortgage pay- 3,300 students at Union University also the Mississippi, Arkansas, and ments. barely escaped, although the school Kentucky people who also are dealing I have a bill that changes the Bank- was heavily damaged. with some very tragic circumstances. ruptcy Code, that allows a bankruptcy Often, tornadoes and severe weather I know people in Tennessee are look- court to take an honest look at a per- of this type head in one direction and ing to their county mayors and our son’s income potential and restructure then the other, but this one just kept Governor for leadership, their officials a mortgage so that they can stay in going. It kept on going into middle with the National Guard, and FEMA. their home and won’t face foreclosure. Tennessee, to Sumner County and My understanding is they are providing Foreclosure is a disaster not only for Macon County, where several lives outstanding leadership and that people the family losing the home but for were lost, and moved into east Ten- have worked throughout the night to those who loaned the money for that nessee and the mountain area just this make sure that relief has been given, home and, ultimately, for the neigh- morning. So there is a lot of trouble in that people have been taken into borhood surrounding it. our State as a result of that, and Sen- homes and other places. Today, as they So Mr. President, there is certainly ator CORKER and I want the people of begin to dig out, if you will, and really much we can do. I am sorry we didn’t our State to know we have been moni- see the extent of the damage, that will get a lot more done yesterday. We toring that during the night, and we continue. tried, but the Republicans resisted and our staffs are working together I am very proud to serve with LAMAR again. They wanted another day off, today. ALEXANDER and to be with him today. and we had it. Instead of getting seri- We have talked to the Governor and I know both of us want the people of ous about amendments to the Foreign State officials, local officials. I talked Tennessee to know we are very aware Intelligence Surveillance Act, instead to the athletic director of Union Uni- of the tragedy they are dealing with. of having the debate leading up to versity on his cell phone a few minutes We are with them and their elected of- amendments and the vote on the eco- ago. I was trying to reach David ficials at the local and State level. We nomic stimulus package, the clock ran Dockery, the president of Union Uni- want to work with them as time goes out. versity. on to make sure that much needed Fed- Well, it is about time for the Senate So for the next several days, we will eral relief, which will be on the way to roll up its sleeves and get to work so be doing all we can do from the Federal down the road, is forthcoming. America can get to work. I hope that level to assist the Governor and the I wish to thank all of those volun- today the votes that are scheduled will local officials in dealing with the dev- teers. I have heard stories of heroic be the beginning of an honest debate astation that was caused last night by things throughout our State where or- and that at the end of the day we will the severe storms. Forty-five people dinary citizens have done things to pass an economic stimulus package, were killed, more than another 100 in- ease the pain and to create safety for conference with the House, and send it jured, a lot of damage to buildings in many of our citizens in harm’s way. to the President for his signature be- areas across our State. Again, our thoughts and prayers are fore we break for our Presidents Day I thank Senator CORKER for taking with all of our citizens, especially recess period which begins next week. this time to allow us to express to our those who have been so tragically af- Mr. President, I yield the floor. constituents our feelings for them. We fected by the events of the last 24 The ACTING PRESIDENT pro tem- do want them to know they have our hours. pore. The Senator from Tennessee. full attention today. The Governor is I yield the floor, and I suggest the ab- at the front of the line. That is the way sence of a quorum. f The ACTING PRESIDENT pro tem- we do things in Tennessee. We work pore. The clerk will call the roll. TENNESSEE TORNADOES easily with him and his staff and the The assistant bill clerk proceeded to Mr. CORKER. Mr. President, I had local official. We will stay in touch call the roll. originally scheduled time to speak a with them, and those who need to be in Mr. DEMINT. I ask unanimous con- little about the stimulus package and touch with our Senate offices can do sent that the order for the quorum call the many frailties I see with this pack- that. be rescinded. age. However, due to the tragedy last We will move promptly to deal with The ACTING PRESIDENT pro tem- night in Tennessee, I wish to talk on a applications for disaster relief. Some- pore. Without objection, it is so or- different subject matter. times they say they need to take dered. The senior Senator from Tennessee enough time to be accurately filled out The Senator from South Carolina is joins me on the floor this morning, rather than have a race to the mailbox recognized. and, Mr. President, I ask unanimous to get those in. But we will be working f consent to yield half of my time to the with local officials with those to do all great LAMAR ALEXANDER, the senior we can. ECONOMIC STIMULUS Senator from Tennessee, if that would I thank the Senator from Tennessee, Mr. DEMINT. Mr. President, I rise to be acceptable. Mr. CORKER, for his courtesy in allow- talk about the economic stimulus

VerDate Aug 31 2005 00:25 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.007 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S685 package we are discussing in the Sen- not unusual to talk to successful, well- growth pattern. If we made the current ate. I certainly appreciate the concern known American companies that are tax rates permanent, the ones we know the President and all of us have in the dealing with hundreds, if not thou- have stimulated our economy, that House and Senate about our economy sands, of lawsuits at the same time. So would allow companies to plan past 3 and wanting to do everything we can to they keep a full-time fleet of lawyers years to build new plants, to buy new make sure we avoid an economic slow- and law firms on retainer dealing with capital equipment, to hire new people. down or recession that creates so much the lawsuits and the legal situations. Right now American companies trying hardship through the loss of jobs and, These same companies also have to do business in this country do not in many cases, a loss of homes. It is large human resource and compliance know what their tax rates are going to something we definitely need to ad- departments to deal with all of our reg- be after 2010. In fact, if we do nothing dress. It is equally important, as we ulations—some of them good, many un- in Congress, they know they will expe- look at our economic situation, to necessary. A lot of regulations related rience the highest tax increase in his- make sure we allow economic growth to capital and reporting, such as Sar- tory. Yet we are not even willing to and prosperity to work for more peo- banes-Oxley, are costing companies talk about it. All of us know we need ple. It is not just about our economic millions of dollars unnecessarily be- situation as a whole growing but mak- cause Congress is unwilling to fix those to lower our corporate tax rate to at ing sure everyone can share in that things we know are wrong. So there is least be comparable to Europe at 25 prosperity. a large tax department, a large legal percent. Yet we are not doing it. So It is important, as we look at the department, a large human resource more of our capital, more of our jobs, best way to stimulate the economy and compliance and regulatory depart- more businesses will continue to move keep it going, to remember that good ment, before we get to manufacturing offshore. Sending people a few hundred jobs and a good economy depend on and actually making things. We are dollars to pay down their credit cards successful companies making good making it very difficult for our compa- is not going to help grow our economy. profits. In order for that to happen, we nies to compete. There are other things we know we have to create a good business environ- Add to that the cost of energy which can do. We know we can bring capital ment. Our goal as a Congress should be is one of the highest in the world. That from overseas back home for invest- to make sure America is the best place goes back to bad policy as well. For ment and growth if we lower the cor- in the world to do business. Unless we years we have known we have large oil porate tax rate as we did a few years do that, we will continue to lose and natural gas reserves. We have ago, what we call repatriating those ground to countries all over the world. known we could develop more nuclear dollars. Even temporarily lowering It is going to be increasingly difficult generation of electricity. Yet we have that rate would bring capital home and to sustain long-term economic growth. not allowed nuclear plants to be devel- encourage growth. The world is becoming increasingly oped. We have large reserves of oil in competitive. We hear it every day. We Alaska, which we have consistently The one part of the stimulus package hear from Asia and India which are ac- voted down in the Congress, and nat- that does make sense is to allow com- tually courting businesses with incen- ural gas we don’t go after. Therefore, panies to expense or to speed up depre- tives to encourage companies to locate we are not only spending hundreds ciation of capital they buy so it will in their countries, creating a good more for every family for gasoline for encourage them to grow and make de- business environment with less regula- cars or oil to heat homes or more for cisions now because the people who tion and less taxes so that people will electricity, we are sending hundreds of make that equipment have jobs, and bring their manufacturing plants, their billions of dollars a year out of this those who operate that equipment have people, and their capital to their coun- country that could support our econ- jobs. So it would provide some stim- tries. It is working. Even stodgy old omy yet is supporting the Middle East ulus. But it is most important that we Europe that we imagine to be a high- and other economies around the world. have a predictable, permanent system tax and highly regulated network of Yet we will not change the policy. We where people can do business and be countries is changing to be more com- will not develop our own energy re- competitive around the world. It is un- petitive in the world economy. They sources. Instead, we are making it fortunate in all this debate that we are have lowered their corporate tax rate harder to produce automobiles in this not even willing to talk about it. to an average of about 25 percent. country, putting the burden on them I appreciate the time to express my Some of their countries such as Ireland consistently. have gone down close to 10 percent and Now, instead of trying to fix some of concerns. I am thankful everyone is have seen remarkable economic growth the systemic policy problems, we are concerned about the economy and as they have lowered their tax rate. talking about an economic stimulus those who have lost their jobs and may Why is this country not responding plan which I have yet to hear, at least lose them in the future. But what we in the same way? It hasn’t been too on the Republican side in our private are doing as a Congress is talking long since I have been in the private meetings, one Republican defend as about doing something that we are not sector working with businesses. I con- good policy. Maybe some will come out really doing: we are not stimulating tinue to hear the same sentiment. If we here and do so. But everyone on both the economy. This is not an economic are going to do business in America sides is talking about good politics. We stimulus package. It is a political today, before we get to the equipment are doing nothing for long-term stimulus package that is designed to and the people actually making the growth. We are doing nothing to create help folks in November. products or providing services, a me- a simpler, more predictable Tax Code I know every American needs a check dium-sized American company today is or reducing our regulation or litiga- and probably none will turn it down. likely to have a large tax department. tion. What we are going to do in time But, unfortunately, we are making It could spend millions on dealing with for the election is to get a check in the false promises that will not carry into our Tax Code. We have the most com- hands of as many people as we can, and long-term economic growth. plex tax system in the world and prob- we are borrowing it from the future. ably the highest corporate tax rate in The debt is growing. We are going to I yield the floor. the world. Some will say it is second. borrow the money to send checks home The PRESIDING OFFICER (Mr. Some say it is first. But we are defi- to Americans. BROWN). The Senator from Utah. nitely near the top at around 35 per- In 10 years on the present course, Mr. HATCH. Mr. President, I ask cent. So they start with a large tax de- bonds for the American Government unanimous consent that my remarks partment. will be rated as junk bonds in the world be considered as in morning business Then most of our companies also because we continue to look at the but fall in line with regard to the bill have large legal departments because next election rather than the future of before us. we are the most litigious society in the the country. world. The most liability for any coun- It is obvious what we could do to de- The PRESIDING OFFICER. Without try is to do business in America. It is velop a long-term, sustained economic objection, it is so ordered.

VerDate Aug 31 2005 00:25 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.015 S06FEPT1 smartinez on PRODPC61 with SENATE S686 CONGRESSIONAL RECORD — SENATE February 6, 2008 FOREIGN INTELLIGENCE fold. Goal No. 1: Wire communications procedures. These assessments must be SURVEILLANCE ACT taking place in 2008 should receive the provided to congressional Intelligence AMENDMENT NO. 3913 same treatment as radio communica- Committees. Mr. HATCH. Mr. President, I wanted tions taking place in 1978; and goal No. Now, given the staggering amount of to briefly mention my opposition to 2: Our intelligence community’s new oversight, we should be very care- amendment No. 3913 offered by the Sen- sources and methods should not be sub- ful when creating mechanisms which ator from Wisconsin. This amendment ject to exposure by litigation brought could negatively impact our intel- relates to reverse targeting, which is a about by hearsay and innuendo. ligence analysts, particularly when theory that the Government could tar- I am pleased the legislation before us these mechanisms provide no benefit, get a foreign person abroad when the provides more protections to American in this case, to the privacy of American real intention is to target a U.S. per- citizens than any intelligence bill in citizens. son, thus circumventing the need to my recent memory, and certainly more The intelligence community has a get a warrant for the U.S. person. Quite than the original FISA law. great deal of experience in the tech- simply, reverse targeting is already Over the last several months, a great niques used to minimize incidental considered illegal under FISA. Going deal of attention has been given to the communications, and very detailed even further, the Intelligence Com- FISC, the Foreign Intelligence Surveil- procedures for handling these commu- mittee bill has a very explicit prohibi- lance Court. The FISC was created by nications are contained in the United tion against reverse targeting. The the original FISA law, and its jurisdic- States Signals Intelligence Directive amendment offered by the Senator tion was extremely limited by that 18, which has been in effect for over 28 from Wisconsin adds subjective lan- law. Here is what the FISC was created years. guage which completely alters the to do. Remember, the Government is gath- meaning of the original bipartisan pro- Foreign Intelligence Surveillance ering information relating to foreign vision. Court: ‘‘A court which shall have juris- intelligence in order to protect na- I asked Attorney General Mukasey diction to hear applications for and tional security, not necessarily for this during a hearing on Wednesday, grant orders approving electronic sur- criminal prosecution. That is why dif- and here is our exchange. veillance.’’ ferent procedures are necessary. Other- HATCH: Now the topic of reverse targeting This jurisdiction is purposefully lim- wise, all national security information has been mentioned often during the FISA ited, as the task of reviewing applica- gathering would be changed to fit with- reform debate. From an intelligence perspec- tions to intercept electronic commu- in the procedures of title III criminal tive, reverse targeting makes no sense. From nications is among the most important an efficiency standpoint, if the government wiretaps, which is impossible. tasks our Government can do to pro- Minimization techniques deal not was interested in targeting an American, it tect our country and its citizens. Ter- would apply for a warrant to listen to all of just with retention and dissemination, that person’s conversations, wouldn’t it? Not rorists have to communicate to plan but with acquisition. Analysts make just his conversations with terrorists over- and execute attacks, and our intercep- decisions up front whether to acquire, seas? tion of these communications is para- keep, or share U.S. person information MUKASEY: Correct. mount to stopping the next attack. HATCH: Now, I asked General Wainstein based on whether it has foreign intel- The jurisdiction of the FISC is great- ligence value. about this during the Judiciary Committee ly expanded by this legislation. Com- hearing last October, and he reiterated the This means if a judge is reviewing government’s view that FISA itself makes bined with other provisions in this bill, compliance with minimization proce- reverse targeting illegal. Does the DOJ still the new oversight created is prevalent dures, this review is much more than a consider reverse targeting illegal under and comprehensive. Since the breadth factual check. The judge is not limited FISA? of this new oversight is critical when MUKASEY: Absolutely. to simply making sure that technical determining the necessity of the and administrative guidelines are fol- HATCH: Are you aware of any instances of amendment we are debating, let’s look intelligence analysts utilizing reverse tar- lowed. Rather, this amendment could geting? at the oversight created by this legisla- allow a judge to question specific deci- MUKASEY: I am not aware of any such in- tion. sions by intelligence analysts on why Let me read these five charts. stances. they chose to acquire, keep, or share No. 1, for the first time the FISC will We are enacting national security certain communications. review and approve minimization pro- legislation, and it is our responsibility Now this begs the question: Are cedures used by the intelligence com- to ensure that this bill does not lead to judges better trained in intelligence unintended consequences which provide munity. No. 2, for the first time the FISC will collection than the intelligence ana- protections to terrorists. This amend- lysts whose job it is to repeatedly per- ment is absolutely unnecessary, and I review and approve targeting proce- dures used by the intelligence commu- form this task? Not only do I think the urge my colleagues to oppose it. answer is no, but we should remember AMENDMENT NO. 3920 nity. The FISC will determine whether the procedures are reasonably designed what the FISC said in their recently Mr. President, I wish to say a few re- publicly released opinion, which is only marks with regard to my dear friend, to ensure targeting is limited to per- sons outside the United States. the third public opinion released in the Senator WHITEHOUSE’s amendment to history of the Foreign Intelligence Sur- authorize the FISC, the Foreign Intel- No. 3, for the first time, a court order will be required to target U.S. persons veillance Court. ligence Surveillance Court, to assess Here is what the FISC said: compliance with minimization tech- regardless of where they are in the niques. I rise to express my opposition world—for the first time. Although the FISC handles a great deal of classified material, FISC judges do not make to the Whitehouse amendment No. 3920. No. 4, for the first time the Attorney General and the Director of National classification decisions and are not intended My opposition to the Whitehouse to become national security experts. Fur- amendment is related to the totality of Intelligence will be required to assess thermore, even if a typical FISC judge had this bill. This is an amendment that the intelligence community’s compli- more expertise in national security matters greatly expands the Foreign Intel- ance with court-approved targeting and than a typical district court judge, that ex- ligence Surveillance Court’s jurisdic- minimization procedures. These assess- pertise would still not equal that of the Ex- tion. Keeping in mind that the bill be- ments must be provided to the FISC ecutive Branch, which is constitutionally en- fore us already expands FISC jurisdic- and congressional Intelligence Com- trusted with protecting the national secu- tion of foreign collection to an unprec- mittees. rity. edented high historical level, this No. 5, new congressional oversight— Enactment of this amendment could amendment tips the balance and could for the first time Congress is creating result in judges making foreign intel- lead to real-life instances of intel- statutorily required inspector gen- ligence determinations in place of ligence analysts’ operational decisions eral—that is the Department of Justice trained intelligence analysts. Based on being second guessed by the court. and intelligence elements—semiannual this unjustified scrutiny, our intel- The original approach and goals of assessments of compliance with court- ligence analysts could become overly this legislation were simple and two- approved targeting and minimization cautious when determining whether to

VerDate Aug 31 2005 00:25 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.016 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S687 deem information as having intel- Committee passed a bipartisan com- tive alarm clocks to go off in 4 years in ligence value in order to avoid unwar- promise bill which would modernize order to address national security. I ranted judicial scrutiny. This could re- our foreign intelligence surveillance wake up every day thinking about how sult in less foreign intelligence infor- activities. Unfortunately, this bipar- we might protect our fellow Ameri- mation being accumulated, and thus tisan bill contained a 6-year sunset cans. I certainly do not need a could mean we may miss a vital piece provision which would automatically sunsetting bill to remind me about na- of information. Do we want to take curtail our ability to protect our home- tional security and oversight, and nei- this chance? That is what this amend- land unless Congress acted. ther should my colleagues. ment would do. Should we risk this Let me be clear, I am opposed to any The final reason I have heard for a 4- type of unintended result? sunset in this legislation. While I be- year sunset is the idea that the next In October of 2007, I asked Assistant lieve the inclusion of this sunset provi- administration should be given an op- Attorney General Wainstein if putting sion was not appropriate, it was a re- portunity to address this issue and that the FISC judges in the position of as- sult of the bipartisan negotiations in a sunset fosters cooperation between sessing compliance would effectively the Intelligence Committee. Now this Congress and the White House. Along put the judge in the role of an analyst. serves as yet another example that not these lines, one of my colleagues pre- Here is what he said in response: all of us who support this bill are viously stated: Having a sunset gives And that is the problem, that it would get happy with every provision, and every us a much better chance to get co- the FISC in the position of being operational Senator will need to make concessions operation . . . between the Congress to the extent that it’s not when it assesses to get this bill passed and signed into and the White House. Once again, the compliance for, let’s say, the minimization law. next President can weigh in on this procedures in the typical or traditional FISA topic whenever and however he or she context where you’re talking about one Given my opposition to any sunset, I will oppose the Cardin amendment No. wants to. And regarding the idea that order, one person. Here, some of our orders we should include a 4-year sunset to might well be programmatic, where you’re 3930, which would change the sunset talking about whole categories of surveil- from 6 to 4 years. Proponents of this foster cooperation between two lances, and that would be a tall order for the amendment have propounded several branches of Government—do we need a FISA Court to assess compliance. arguments, none of which justifies this statute to influence the separation of The Whitehouse amendment also change. I am going to discuss three of powers? I say to my colleagues that the contains language which lets the FISC those arguments today. relationship between the branches of fashion remedies it determines are nec- The most common argument cited is Government should be fostered by nat- essary to enforce compliance. This is that this legislation is too technical ural restrictions contained in the Con- very broad language and gives the and too complex to have a 6-year sun- stitution of the United States, not by court the ability to come up with set. This is certainly a complex bill, an artificial sunset provision in an in- whatever methods it chooses to enforce but this is not the first time the 110th telligence bill. The very idea of a 4-year sunset un- compliance. Does this mean that the Congress has tackled complex issues. derstates the importance of timeline FISC could shut down collection of in- We have already waded through several implementation of new legislation. It formation from foreign targets over- different and complex bills, such as im- takes a great deal of time to ensure seas while the Government addresses migration reform, ethics and lobbying that all of our intelligence agencies technical issues which have little to do legislation, and even a vast energy bill. and personnel are fully trained in new with the privacy of American citizens? We are not reinventing the wheel authorities and restrictions brought We do not know, since this amendment with surveillance law, as this is a FISA about by congressional action. This is does not answer this question. Remem- modernization bill. But it is important not something that happens overnight. ber, we are talking about targeting for- to note how Congress has previously We cannot wave a magic wand and eign terrorists to prevent terrorist at- legislated in this area. The 1978 FISA have our Nation’s intelligence per- tacks. This is not the same thing as law made dramatic changes to our sur- sonnel instantaneously cognizant of wiretapping a cocaine dealer in Los An- veillance laws and oversight mecha- every administrative alteration im- geles for criminal prosecution. If we nisms. While FISA has been discussed posed by Congress. Like so many other approve an amendment which creates extensively, what has not been stated things in life, adjusting for these new numerous unanswered questions, we nearly enough is that the 1978 FISA mechanisms takes time and practice. are putting Americans at risk in un- had no sunset. Given that FISA had no While certain modifications are nec- precedented ways. sunset, let’s look at how Congress has essary, do we want to make it a habit Given that the Government has ade- previously legislated FISA amend- of consistently changing the rules? quately utilized minimization proce- ments with regard to sunsets. Don’t we want our analysts to spend dures for many years, what is the Sunsets are not common in previous their time actually tracking terrorists, pressing need for FISC expansion into laws amending FISA. Other than the or is their time better spent navigating this area? There is no need to continue PATRIOT Act and the PATRIOT Act administrative procedures that may be unlimited expansion of the FISC into reauthorization, seven of the eight pub- constantly in flux? unsuitable areas. lic laws amending FISA had no sunsets I know my preference is that our an- If this amendment does not pass, it on FISA provisions, and the remaining alysts be given the time to use the law- does not mean that American citizens public law had a sunset on only one of ful tools at their disposal to keep our are not protected. Incidental commu- those provisions. families safe. nications of Americans will continue to Now, this statistic speaks for itself. I do not want to see them spending be minimized, and the minimization What is so different about this bill? I all their time burying their heads in procedures will have been approved by do realize it contains massive new con- administrative manuals which change the FISC. But if the Whitehouse gressional oversight provisions which from day to day whenever the political amendment passes, we will be taking a could possibly hinder our collection ef- winds blow. great risk that the unnecessary judi- forts, and that we may need to revisit After all of the efforts by many in cial oversight will cause very harmful it for this reason. However, if this is this body to write a bill that provides unintended consequences that I have the case, we obviously do not need a a legal regime to govern contemporary already mentioned. We are too far sunset to do this. We can legislate in technological capabilities, I am cer- along to introduce guesswork into the this area whenever we want to. tainly not alone in my opposition to a carefully crafted compromise bill be- A second reason I have heard that sunset provision. In fact, my views are fore us. I will oppose this amendment, some support the Cardin amendment is completely in line with what the Sen- and I urge my colleagues to do the that this sunset will keep Congress ate has done in the past when amend- same. more engaged. One of my colleagues ing FISA. The administration strongly AMENDMENT NO. 3930 previously stated that a sunset ‘‘gives opposes a sunset, and Attorney General Now, Mr. President, there is one Congress the ability to stay involved.’’ Mukasey confirmed this opposition other amendment I wish to refer to. In Congress should not need sunsets to during last week’s oversight hearing October of last year, the Intelligence stay involved. We do not need legisla- here in the Senate.

VerDate Aug 31 2005 00:25 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.018 S06FEPT1 smartinez on PRODPC61 with SENATE S688 CONGRESSIONAL RECORD — SENATE February 6, 2008 The fact is that this administration across the board for everyone and obvi- FISA AMENDMENTS ACT OF 2007 will not be here to see this sunset ously for those who are married it is The PRESIDING OFFICER. Under occur. Why would they care if there is double that. But significantly, in this the previous order, the Senate will re- a sunset in the bill or not? Their oppo- proposal 20 million American senior sume consideration of S. 2248, which sition demonstrates that those who are citizens are provided some relief. That the clerk will report. in charge of protecting our country wasn’t addressed in the House proposal. The bill clerk read as follows: know that a sunset is a bad idea and I think that is an important omission. A bill (S. 2248) to amend the Foreign Intel- their opposition is based in logic and In order to get this right, in order to ligence Surveillance Act of 1978, to mod- practical application. The administra- jolt our economy, we need to help sen- ernize and streamline the provisions of that tion knows that they will not be here, iors. We also need to make sure a quar- Act, and for other purposes. but the intelligence analysts who pro- ter of a million disabled veterans are Pending: tect our country will. These analysts helped as well. That is an important Rockefeller-Bond amendment No. 3911, in are not politically appointed, and do feature. the nature of a substitute. their job regardless of who the Presi- Thirdly, avoiding foreclosure; doing Whitehouse amendment No. 3920 (to dent is or what party the President everything we can in this stimulus amendment No. 3911), to provide procedures represents. They need the stability of package in a short-term way to help for compliance reviews. our laws to effectuate long term oper- families avoid foreclosure is another Feingold amendment No. 3979 (to amend- critically important element. ment No. 3911), to provide safeguards for ations to prevent terrorist attacks, not communications involving persons inside the guesswork which could hinder intel- Home heating costs: In my home State of Pennsylvania—and I know the United States. ligence gathering practices. Cardin amendment No. 3930 (to amendment We have already had a trial run with same is true in Ohio and across the No. 3911), to modify the sunset provision. the 6-month sunset of the Protect country—there has been a 19-percent Feingold-Dodd amendment No. 3915 (to America Act. Enough of the quick increase in the costs that families have amendment No. 3911), to place flexible limits fixes, let’s have confidence in the work to heat their homes, in 1 year. So if on the use of information obtained using un- product created by the nearly 10 that is happening in Pennsylvania, we lawful procedures. know it prevails around the country. Feingold amendment No. 3913 (to amend- months we have spent on this issue. A ment No. 3911), to prohibit reverse targeting shorter sunset gives us an excuse to This proposal in this Chamber does that. It adds $1 billion for home heat- and protect the rights of Americans who are not legislate with conviction, and this communicating with people abroad. ing costs. is an excuse we should not make. Feingold-Dodd amendment No. 3912 (to Finally, helping businesses and en- The 95th Congress had the ability to amendment No. 3911), to modify the require- ergy: As to the cost to businesses, I decipher complex problems and pass ments for certifications made prior to the think small businesses should get help FISA with no sunset, and the 110th initiation of certain acquisitions. in this rough economy, and this pro- Dodd amendment No. 3907 (to amendment Congress can certainly modernize it posal helps our businesses. It also No. 3911), to strike the provisions providing without second guessing our capabili- makes investments we should have—or immunity from civil liability to electronic ties by approving the Cardin amend- I should say implements strategies we communication service providers for certain ment. I will oppose this amendment, should have done months ago when it assistance provided to the Government. Bond-Rockefeller modified amendment No. and I urge my colleagues to do the comes to incentivizing energy effi- same. 3938 (to Amendment No. 3911), to include pro- ciency and other tactics to move to- hibitions on the international proliferation I yield the floor. ward a more energy independent econ- The PRESIDING OFFICER. The Sen- of weapons of mass destruction in the For- omy. eign Intelligence Surveillance Act of 1978. ator from Pennsylvania is recognized. So whether it is energy, whether it is Bond-Rockefeller modified amendment No. f helping businesses, whether it is mak- 3941 (to Amendment No. 3911), to expedite ECONOMIC STIMULUS ing sure our seniors get relief, that our the review of challenges to directives under families get relief and that we focus on the Foreign Intelligence Surveillance Act of Mr. CASEY. Mr. President, in the re- unemployment insurance, home heat- 1978. maining moments of morning business, The PRESIDING OFFICER. The Sen- ing costs, all these elements are criti- I wish to highlight a couple important ator from West Virginia is recognized. cally important. It is not perfect. The points about our economic stimulus ef- Mr. ROCKEFELLER. Mr. President, I Presiding Officer knows—and he shares forts in the Senate. wish to make a few comments on the this view with me—we wanted to do We have had an opportunity over the amendment of the Senator from Wis- more with regard to food stamps. We last couple weeks to analyze carefully consin and what he referred to as the are still going to try on that. But if what the American people expect in ‘‘bulk collection’’ amendment which he that doesn’t happen and some other terms of a jolt to our economy and discussed yesterday and which is things don’t happen that I want, we amendment No. 3912. I would ask that what they expect this body to do. Un- still have to move this forward. I wish fortunately, we have been stymied by a the other side of the aisle would allow this time be taken from the opponents lot of politics. I think it is important us to go forward in a way that address- of the amendment, if that is all right to point out very briefly the elements es these basic problems. We have seen a with my vice chairman. of what the Senate is trying to do, at lot of talk on the other side but not The Senator from Wisconsin is offer- least on the Democratic side and, sec- nearly enough action to say we are ing an amendment that he argues will ondly, to highlight its importance to going to support a proposal, not just prevent what he calls ‘‘bulk collec- the American people. what the House sent us but an im- tion’’. The amendment is intended, as First of all, with regard to the basic proved and a much more significant described by the Senator from Wis- elements—I will not go into a long dis- proposal to hit this economy in the consin, to ensure that this bill is not cussion—in order to stimulate this way we should hit it: With a stimulus used by the Government to collect the economy, we have to invest in strate- to get the economy moving, to create contents of all the international com- gies we know will work. One of those is jobs, to provide relief for our families, munications between the United States unemployment insurance. We know and to move into the future together. and the rest of the world. The Senator that. All the economists say that. It is We can do that here. We should do it argues that the amendment will pre- not because Democrats assert that; this week and make sure we don’t pass vent ‘‘bulk collection’’ by requiring the economists say one of the only ways something which is watered down and Government to have some foreign in- that is proven to jolt our economy is to which would not do the job. telligence interest in the overseas invest in unemployment insurance. I yield the floor. party to the communications it is col- This proposal on the Democratic side f lecting. does that. The House proposal doesn’t I regret to say I must oppose this do that in the area of unemployment CONCLUSION OF MORNING amendment strongly. I do not believe insurance. It doesn’t address that. BUSINESS it is necessary. I do believe, as drafted, The package this side of the aisle has The PRESIDING OFFICER. Morning the amendment will interfere with le- been pushing is a $500 rebate. It is business is closed. gitimate intelligence operations that

VerDate Aug 31 2005 02:57 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\A06FE6.001 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S689 protect the national security of the I yield the floor and reserve the re- target terrorists, foreign terrorists lives of Americans. mainder of the opponents’ time. overseas. That targeting is not, as has In considering amendments today, we The PRESIDING OFFICER. The sen- been suggested on the other side, need to consider whether an amend- ior Senator from Missouri is recog- ‘‘dragnet surveillance.’’ Rather, the in- ment would provide additional protec- nized. telligence community will be acquiring tions for U.S. persons and whether it Mr. BOND. Mr. President, I yield my- communications of foreign terrorists, would needlessly inhibit vital foreign self 6 minutes from the opposition to spies, and others who seek to do us intelligence collection. I do not believe the amendment No. 3979, the Feingold- harm. That is not a dragnet; that is the amendment, as drafted, provides Webb sequestration. targeted. But if this amendment were additional protections. Furthermore, During yesterday’s sessions and prior to be adopted, its unreasonable limita- intelligence professionals have ex- sessions, there have been, regrettably, tions will prevent the intelligence com- pressed their concern that this amend- a number of inaccurate statements munity even from beginning the collec- ment would interfere with vital intel- about the amendments we debated. tion. ligence operations, and there are im- Several of these amendments go to the Now, I argued yesterday this amend- portant classified reasons underlying very heart and strike at the very heart ment would prevent the intelligence that concern. of foreign targeting. It is not an under- community from intercepting the com- Let us review why the amendment is statement to say that if they are munications of Osama bin Laden with unnecessary. First, bulk collection re- adopted, they could shut down our in- somebody in the United States. The sulting in a dragnet of all the inter- telligence collection and cause irrep- Senator from Wisconsin disagreed, national communications of U.S. per- arable damage to our national secu- calling my argument questionable and sons would probably be unreasonable rity. So I am compelled to set the claiming the amendment in no way under the fourth amendment. No bill record straight. Working with my col- hampers the ability to fight al-Qaida. passed by the Senate may authorize league and good friend, the chairman of That is not true. I find it interesting what the fourth amendment of the the committee, Senator ROCKEFELLER, because that is not what his amend- Constitution prohibits. What is more, we want our colleagues to know what ment says. First, the intelligence com- the committee bill, in fact, explicitly impact these amendments have. munity can’t even start the collection provides that acquisitions authorized We have made great progress in the because there is no way to know if a under the bill are to be conducted in a Senate Intelligence Committee on the terrorist, including bin Laden, is going manner consistent with that same FISA Amendments Act of 2008 in pro- to call or be called by a person in the fourth amendment of the Constitution. viding additional protections, but we United States. Second, from the Second, the committee bill stipulates did so working with the intelligence amendment, page 2, lines 10 to 16: community to make sure the measures that acquisitions under this authority Such communications may be acquired if cannot intentionally target any person we put in the bill would actually work. there is reason to believe that the commu- known to be located in the United Now, the first amendment we debated nication concerns international terrorist ac- States. And to target a U.S. person was amendment No. 3979, the seques- tivities directed against the United States, outside the United States, the Govern- tration amendment supported by and or activities in preparation therefor. ment must get approval from the FISA sponsored by Senators FEINGOLD and That means if bin Laden were plan- Court. WEBB. In explaining this amendment, ning an attack against the United Third, the committee bill increases supporters claimed the Protect Amer- Kingdom or against our foreign mili- the role of the FISA Court overseeing ica Act was ‘‘sold repeatedly’’ as a way tary bases or our foreign embassies the acquisition activities of the Gov- to collect foreign-to-foreign commu- abroad and calls into the United States ernment. The bill requires court ap- nications without a court order and to talk with an associate, we could not proval of minimization procedures that this amendment allows this collection. capture that call and protect our protect U.S. persons’ information. It We saw from the House RESTORE Act, troops, protect our citizens, protect maintains the prior requirement of which the DNI has told us—the Direc- our officers overseas, because under the court approval of targeting procedures. tor of National Intelligence, whom I terms of the amendment, it does not In the unlikely event the FISA Court will refer to as the DNI—and from the concern activities directed against the would give its approval to targeting debate on the Protect America Act United States. Not only is the limita- procedures and minimization proce- that the focus on foreign-to-foreign tion dangerous, it is unwise, unhelpful, dures that allow the Government to en- communications is misplaced. The Pro- and could lead to significant intel- gage in unconstitutional bulk collec- tect America Act was intended to allow ligence shortfalls. tion, the committee bill also strength- foreign targeting, just like this bill and Another dangerous aspect of the ens oversight mechanisms in the execu- for good reason. We cannot tell if a for- amendment is that it would foreclose tive and legislative branches, such as eign terrorist is going to be calling or the collection of foreign intelligence requiring assessments by the inspec- communicating with another foreign relating to nonterrorist threats. Our tors general in the Department of Jus- terrorist whether in some other coun- Nation faces daily threats, for example, tice and relevant agencies. These try or whether some of that commu- from the proliferation of weapons of mechanisms are intended to ensure nication may occasionally come to the mass destruction. I have an amend- that such activity is detected and pre- United States, and there is no way to ment that deals with this issue specifi- vented. tell. So it does no good to give the in- cally. What about North Korea, Iran, The sponsor of the amendment says telligence community authority to col- and Syria? Under this amendment, his amendment only requires the Gov- lect only foreign-to-foreign commu- none of that information could be col- ernment to certify to the FISA Court nication. You can’t tell. That means lected if the communication was to or that it is collecting communications of you can’t collect on any without get- from the United States. That is a limi- targets for whom there is a foreign in- ting a FISA Court or a FISC order. tation that should make all of us un- telligence interest. But the committee That was an impossible burden that comfortable. There is no basis for it, it already requires the Attorney General the FISC judges told us overwhelmed is unreasonable, and it could lead our and the Director of National Intel- and shut down their operations and did country into severe jeopardy. ligence to certify to the FISA Court not protect American citizens. Yet we The DNI and the Attorney General that the acquisition authorized under were told yesterday this amendment agree with my reading of the amend- the bill is targeted at persons outside will not damage or slow down collec- ment. Yesterday, we received a letter the United States in order to obtain tion. from them expressing their views about foreign intelligence information. Be- This amendment will not just slow these amendments. The DNI and Attor- cause the remedy does not improve down collection; it will stop it. It will ney General stated that if this amend- upon the protections in the bill for stop it. In the words of one intelligence ment is part of the bill presented to the Americans and places new burdens on official, it would ‘‘devastate our oper- President, they would recommend a the surveillance of foreign targets ations.’’ veto. They wrote this in their letter: overseas, I thus oppose this amend- Now, our bipartisan bill gives the in- This amendment would have a devastating ment and urge that it be rejected. telligence community the ability to impact on foreign intelligence surveillance

VerDate Aug 31 2005 00:25 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.021 S06FEPT1 smartinez on PRODPC61 with SENATE S690 CONGRESSIONAL RECORD — SENATE February 6, 2008 operations; it is unsound as a matter of pol- Mr. President, I reserve the remain- my amendment simply gives the FISA icy; its provisions would be inordinately dif- der of our time and yield the floor. Court the option of limiting the Gov- ficult to implement; and thus it is unaccept- The PRESIDING OFFICER. The Sen- ernment’s use of information about in- able. ator from Wisconsin is recognized. formation about U.S. persons that is Ironically, this amendment is being Mr. FEINGOLD. Mr. President, I will collected under procedures the FISA advertised as the best way to protect use some of my time on a couple of Court later determines to be illegal. America’s privacy. But a fundamental these amendments. I know it must be That is about as minimal a safeguard problem with the amendment is that difficult for the Chair to figure out as you can get. we can never know ahead of time what which time to apply to which amend- It is unfortunate that some of those a communication says. Let’s think it ments, but I will try to identify them. who oppose my amendment are through. In order to figure out whether First, I will speak with regard to mischaracterizing what it does. The the communication concerns inter- Feingold-Webb-Tester amendment No. Attorney General and the DNI sent the national terrorism, for example, an an- 3979, which the Senator from Missouri majority leader a letter yesterday in alyst will have to review the content of was addressing. He referred to our con- which they expressed their objections it. That actually results in more of an cern that the rights and privacy of to this amendment. Twice in the letter, invasion of privacy than would ever Americans could be affected by this they stated that this amendment occur under the standard minimization bill as a ‘‘tired accusation.’’ I object to would place limits on the use of infor- procedures that NSA uses every day. that characterization. I think this is mation that doesn’t concern U.S. per- That makes no sense if we are trying clearly the kind of thing we should be sons. That is flat-out false, Mr. Presi- to protect privacy. worried about. I will tell you what is a dent. The use limits proposed in this Mr. President, it is news to me that tired accusation: the notion that some- amendment specifically apply to ‘‘in- the Intelligence Committee bill, as how our amendment would affect the formation concerning any United claimed on the other side, has no judi- ability of the Government to listen in States person.’’ That is what it says. cial involvement and no judicial over- on Osama bin Laden. That is a tired Use limits in this amendment apply sight. I have said it before. This bill and false accusation. The Senator has only under those circumstances. There has more judicial oversight and in- said that if bin Laden or his No. 3 is nothing ambiguous about this lan- volvement in foreign intelligence sur- man—whoever that is today, because guage. These patently false claims that veillance than ever before. There is we killed the last No. 3 man—calls the amendment applies to information court review and approval of the joint somebody in the United States, we can- about non-U.S. persons just show the certification by the Attorney General not listen in to that communication lengths to which opponents of the and the DNI and of the targeting mini- unless we have an independent means amendment will go to generate opposi- mization procedures. If the court finds of verifying that it had some impact on tion to this or any other reasonable any deficiency in these documents, the threats to our security from a terrorist amendment. Government must correct it or cease threat. That is what he claims, that we We have also heard that the amend- the acquisition. That is not an empty would not be able to listen in on that ment would create a massive oper- oversight. conversation. That is false. ational burden. Mr. President, that The Intelligence Committee bill also just isn’t true. The Government doesn’t stop there. We took tremen- The Feingold-Webb-Tester amend- ment specifically does not require a already does what is necessary to im- dous care to make sure there were spe- plement the use limits in the amend- cific protections for Americans’ pri- FISA Court warrant to acquire and dis- seminate the communications of any ment. vacy in the bill. I suggest all Members First, declassified Government re- foreigner overseas who is suspected of look closely at these protections: ex- sponses to oversight questions of the terrorism. Mr. President, there is no press prohibitions against reverse tar- Congressional Intelligence Committees separate threat requirement. The geting, against targeting persons inside reveal that the Government is already amendment merely requires that the the United States without a court labeling communications obtained Government label terrorism-related order, against conducting any acquisi- under the so-called Protect America communications that have one end in tion that doesn’t comply with the Act. So the Government already tracks fourth amendment. This bill goes fur- the United States so they are traceable which communications are acquired ther than ever before in ensuring that for subsequent oversight. And it simply under these particular authorities, there are protections for Americans in requires that when the Government ac- which would be the first step here. the area of foreign targeting. cesses and disseminates terrorist-re- Second, the Government already has We heard the tired accusation that lated communications that it has al- to comply with minimization require- this bill will allow the intelligence ready acquired that the court just be ments that are supposed to protect in- community to intercept communica- informed with the brief certification. I formation about U.S. persons. These tions of anyone; that it gives ‘‘unre- don’t know where the Senator gets this requirements kick in whenever the strained access to communications of bizarre idea that somehow you cannot Government wants to disseminate any every American.’’ That is just plain listen in on a conversation of Osama acquired communications that include wrong. Communications of U.S. per- bin Laden. I don’t think it is credible information about U.S. persons. That sons will be intercepted only if those to anybody that that would be the means intelligence analysts already persons are talking to foreign terror- case. have to determine, before any commu- ists or spies. And because of the mini- Finally, he raises the concern that nications collected under these au- mization procedures, only those spe- somehow we are insulting the FISA thorities can be used in any of the con- cific communications will be inter- Court, saying they are not doing a good texts we are talking about here, wheth- cepted, and if they don’t contain for- job. To the contrary, we are trying to er they contain any information about eign intelligence value, then they will give them the power to enforce their U.S. persons. Indeed, the administra- be minimized or suppressed. will. We are trying to give them the tion constantly reminds us of this fact According to the Senator from Wis- ability to say: Wait a minute. You guys when claiming that minimization re- consin, this amendment is necessary are not doing what you said you were quirements do enough to protect Amer- because the minimization procedures going to do. That is not an insult. That icans. in FISA are ‘‘quite weak’’ and inad- is essential for the court to be able to Mr. President, given that the Govern- equate. I am sure the FISA Court do its job. Let’s worry less about the ment is already required and equipped judges who have reviewed and approved alleged and, frankly, false notions to examine any communications it pro- these procedures would appreciate the about the feelings of a secret court and poses to use in order to determine implication that they are doing a bad worry more about the rights and pri- whether U.S. person information is job of protecting the privacy of Ameri- vacy of perfectly innocent Americans. present, the argument that the amend- cans. Ironically, it is that same court Mr. President, I turn now to amend- ment somehow imposes a massive new that, under the Senator’s amendment, ment No. 3915, another amendment I burden is very difficult to understand. will control the Government’s access offered known as the use limits amend- Perhaps the explanation lies in the and use of incidental communications. ment. As I explained earlier this week, administration’s repeated statements

VerDate Aug 31 2005 00:25 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.023 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S691 that the amendment would put limits Once again, I urge my colleagues to In other words, in order to detect and on the use of information about non- support this amendment, and I reserve prevent terrorist attacks, finding out if U.S. persons. If this were true, then it the remainder of my time and yield the a foreign terrorist overseas is in con- is conceivable that my amendment floor. tact with associates in the United would create an additional operational The PRESIDING OFFICER. The Sen- States is actually a significant purpose burden. But those statements are com- ator from West Virginia is recognized. of this legislation, and it will always be pletely and utterly false, as I have ex- Mr. ROCKEFELLER. Mr. President, I a significant purpose of any targeting plained. The amendment explicitly ask my esteemed vice chairman if I of a foreign terrorist target overseas by states that the use limits apply to ‘‘in- might have 6 minutes to oppose Sen- the intelligence community. formation concerning any United ator FEINGOLD’s reverse targeting As the Statement of Administration States person’’—information that is al- amendment No. 3913. Policy—that is objections usually that ready subject to minimization require- Mr. BOND. I am happy to yield that come over from the White House— ments. time to the chairman. points out: I want to also address the argument Mr. ROCKEFELLER. The Senator A significant purpose of the intelligence the chairman of the Intelligence Com- from Wisconsin has an amendment community activities is to detect commu- that requires a FISA Court order if the nications that may provide warning of home- mittee made that this amendment is land attacks and that may include commu- somehow different than the existing Government is conducting surveillance nication between a terrorist overseas who use limits for emergency surveillance. of a person overseas, but a significant places a call to associates within the United The chairman argued that the amend- purpose of the surveillance is to collect States. A provision that bars the intelligence ment, unlike the emergency use limits, the communications of a person inside community from collecting those commu- could affect ‘‘thousands’’ of commu- the United States with whom the tar- nications is unacceptable. nications. As I pointed out yesterday, get is communicating. Who is to say that person from over- the amendment addresses that concern I share the Senator’s goal in pro- seas is not a terrorist and he is con- by creating a huge exception to the use tecting the privacy interests of Ameri- tacting a person in the United States limitations, an exception that is not cans, but I am afraid this amendment, to discuss something which is not in present in the emergency use limits as drafted, is unworkable and unneces- the national interest or which has in- provision. Under the amendment, the sary. telligence implications? You cannot in FISA Court can allow the Government The amendment is described as a way good conscience bar the intelligence to use even information about U.S. per- to prevent reverse targeting—cir- community from collecting these com- sons that is obtained by unlawful pro- cumstances in which the Government munications. That is unacceptable. cedures, as long as the Government would target persons overseas when its Again, reverse targeting is prohibited fixes the problem with the procedures. actual target is a person within the under current law. I think that is the So, in fact, this amendment is far less United States with whom the overseas third time I have said that. Reverse restrictive than the use limits for person is communicating. targeting is prohibited by the com- emergency surveillance, despite the The fact is, reverse targeting is pro- mittee bill. The amendment is not claim of the chairman otherwise. hibited under FISA today. I repeat, it needed to achieve its stated goals. It Even more important, we have to re- is prohibited under FISA today. If the will harm vital intelligence collection. member what these thousands of com- person in the United States is the ac- I urge the amendment be defeated. munications are. The only information tual foreign intelligence target, the I reserve the remainder of our time. The PRESIDING OFFICER (Mr. that would be subject to use limits is Government must seek a FISA order, and, in fact, the Government would CASEY). Who yields time? information about U.S. persons col- The Senator from Wisconsin. lected under illegal procedures—proce- have to have every incentive to do so Mr. FEINGOLD. Mr. President, I will dures that failed to reasonably target in order to conduct comprehensive sur- speak with regard to amendment No. people overseas. The underlying bill veillance of such a person. 3913, the one about which the chairman prohibits the Government from col- What is more, the base bill, S. 2248, just spoke, the so-called reverse tar- lecting this information in the first makes the prohibition on reverse tar- geting amendment I have offered. Re- place. My amendment gives this prohi- geting explicit. The Government can- verse targeting is what happens when bition some teeth by limiting the use not use the authorities in this legisla- the Government wiretaps persons over- of information that has been illegally tion to target a person outside the seas when what they are really inter- collected. United States if the purpose of such ac- ested in is the Americans with whom The opponents of this amendment quisition is to target for surveillance a these foreigners are talking. I think may argue that the government has no person within the United States. most of my colleagues would agree intention of doing anything that would In addition, the base bill, the Intel- that this bill should not open up a be unreasonable under the law. My re- ligence Committee bill, also strength- backdoor to get around the require- sponse is, if it does, there ought to be ens the protection of U.S. person infor- ment in FISA for a warrant to listen in some enforcement. There ought to be a mation that is collected in the tar- on Americans at home. way to make sure that doesn’t happen, geting of foreign targets overseas by The lack of any substantive argu- not just the assurance of the chairman requiring that the FISA Court approve ments against my amendment is made and vice chairman. the minimization procedures that clear by the letter the DNI sent on Moreover, if the Government has col- apply to this collection activity. Tuesday. The arguments just offered lected thousands of communications il- The Feingold reverse targeting by the chairman were almost identical legally, isn’t that all the more reason amendment, however, goes too far. The to the arguments offered by the DNI to try to contain the damage and limit amendment would prohibit the Govern- and by the Attorney General. In fact, the impact on innocent Americans? ment from using the authorities of this that letter, which severely That is not hamstringing the Govern- act ‘‘if a significant purpose’’ of the ac- mischaracterizes the amendment, actu- ment; it is just requiring the Govern- quisition is to ‘‘acquire the commu- ally underscores why the amendment is ment to comply with the law that we nications’’ of a particular known per- good both for civil liberties and for na- are actually passing. son within the United States. In order tional security. My amendment simply provides an to acquire such communications, the First, the letter confirms that re- incentive for the administration to fol- Government would be required to seek verse targeting is not, in fact, prohib- low the law as it is written. If we pass a regular FISA Court order. ited by the underlying bill. We keep a law that has no meaningful con- The problem is that we are revising hearing the chairman and vice chair- sequence for noncompliance with the the Foreign Intelligence Surveillance man say it is already prohibited. It is law, I think we are taking a real gam- Act today in large measure precisely not. The DNI writes that the Intel- ble as to whether the administration because we want the intelligence com- ligence Committee bill only prohibits will choose to comply. I am not person- munity to have the ability to detect warrantless collection when the Amer- ally willing to accept the odds on that and acquire the communications of ter- ican is ‘‘the actual target.’’ That can- one. rorists who call into the United States. not be read as a prohibition on reverse

VerDate Aug 31 2005 00:25 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.024 S06FEPT1 smartinez on PRODPC61 with SENATE S692 CONGRESSIONAL RECORD — SENATE February 6, 2008 targeting. That is just a prohibition on letter laying out the reasons against time. His name is Steve Walther. Steve direct targeting of an American at the amendment are reasons for it. That Walther was a very prominent Nevada home, and it does nothing to protect is a trick I have not learned, to say lawyer, a senior partner in a law firm, Americans from what the DNI himself that when somebody says that the re- with qualifications that are unsur- has said is unconstitutional. verse targeting amendment would passed. I have always liked Steve very Second, the letter cites ‘‘operational make it impossible when that person much. And he made a comfortable liv- uncertainties and problems,’’ but it and those people really represent the ing. I called him once and said: Steve, does not bother to identify what those agency responsible and the oversight have you ever considered doing some- are. Yes, my amendment would require body of the Department of Justice thing different? a new procedure, just like everything somehow makes their case. A wonderful story about Steve, to else in this bill, but the Government I also call the attention of my col- show what a tremendously good guy he should already have procedures to pro- leagues to a statement from the Civil is. He has a little boy named Wyatt. tect the constitutional rights of Ameri- Liberties and Privacy Office of the Of- Steve married a woman and he raised cans. If it does not, that is all the more fice of the Director of National Intel- their children. They were his children reason to adopt the amendment. ligence. In that statement, the Civil once married, but he had never had his Third, the letter actually makes one Liberties and Privacy Office says: own child. His wife went to the doctor, of the strongest arguments in favor of Concerns have been raised that the PAA and she was nearing 50 years old and my amendment when it warns of insuf- could result in the interception of U.S. per- was sick, and found out she was having ficient attention to the American end son communications. As explained in the De- a baby. So late in life they had this of an international terrorist commu- partment of Justice September 14 letter, and baby, and I will never forget what she nication. If a foreign terrorist is talk- in a letter by the DNI’s Civil Liberties Pro- said. She said: When I had my first two ing to an American inside the United tection Officer dated September 17, 2007, U.S. babies, time went by so slowly. But she persons’ privacy interests are protected States, the intelligence community said: Now I am older and understand, should get a FISA warrant on that through ‘‘minimization procedures,’’ which must meet FISA’s statutory definition. In and I want everything to be fine, so I American so it can listen in on all his can’t take enough time to make sure communications, and it certainly addition, ‘‘reverse targeting’’ is implicitly prohibited under existing law. the baby is fine. And the baby is fine. would have no problem getting that Anyway, I said to Steve: You could warrant. Without that warrant, the As a side note, Mr. President, this measure explicitly prohibits reverse afford to come back here. How would Government will never get the full pic- you like to be a member of the Federal ture of what that American is doing or targeting, but the Privacy Office goes on to say: Election Commission? He is not a Dem- plotting. Yet the DNI’s letter seems to ocrat; he is an Independent. He has argue that the Government would not The SSCI bill in addition requires review of minimization procedures and explicitly done things for decades with the Amer- want to get a FISA Court warrant to ican Bar Association, held all kinds of listen in on all the communications, prohibits reverse targeting. In addition, the bill provides the FISA court with ongoing prominent positions with the American including the domestic communica- access to compliance reports and informa- Bar Association nationally. He said: tions, of a terrorist inside the United tion about U.S. person disseminations and OK, I think it would be a good idea. States. I do not believe this is a serious communications, and the explicit authority Wyatt can come back and spend some argument, but if it were, it would sug- to correct deficiencies in procedures. The bill time in Washington. So he served for gest that our Government is not doing also requires annual reviews of U.S. person nearly two years on the Federal Elec- everything it can do to track down ter- disseminations and communications and ex- tensive reports to Congress. tion Commission. Everybody said he rorists. was outstanding, as I knew he would Finally, the letter seriously This is a clear statutory framework. be. mischaracterizes the amendment. The As a practical matter, if there was a Also on that Federal Election Com- amendment does not bar acquisition of desire to target someone in the United mission, prior to the first of the year, communications between terrorists States, if that person was thought to was another Democrat by the name of overseas and their associates in the have foreign intelligence information Bob Lenhard. He had served on the United States. It does not in any way and acting as an agent of a foreign FEC with Steve. He and Steve worked affect the Government’s ability to dis- power, an officer, or employee, a FISA well together. They worked well to- cover and collect those communica- Court order is the simplest way to do gether with everybody on the Commis- tions. It does not apply to incidental it. Nobody has explained how you can sion, and he and Steve did a good job. collection of communications into the target a foreign terrorist to get collec- The Federal Election Commission is United States, and it does not even tions on a particular U.S. person unless critically important because it en- apply when the Government has identi- that person is engaged in a terrorist forces our Nation’s campaign finance fied a known individual with whom the activity, and you have to target an laws. Both these nominees lost their foreign terrorist is communicating. overseas person who has foreign intel- jobs at the end of last year because the Only when a significant purpose of the ligence information, and that is the le- Republicans refused to permit a vote surveillance is to get information on a gitimate reason for making the collec- on their nominations to the FEC. They person inside the United States does tion against the foreign target. No ter- said they would not allow an up-or- the Government need to get a court rorist information. The information is down vote on these nominations of warrant. That is not just required by minimized and not used. Lenhard and Walther. Nothing about the Constitution of the United States, I yield the floor and reserve the re- their qualifications. They were both it is how the Government can most ef- mainder of the time. outstanding members of the Federal ficiently and effectively protect us. The PRESIDING OFFICER. Who Election Commission. The reason they I hope my colleagues will support yields time? this modest proposal to prevent these would not allow a vote on them is they Mr. BOND. Mr. President, I suggest would not allow a vote on their own new powers from opening a huge loop- the absence of a quorum. hole to the requirement in FISA that nominee, a man by the name of Hans The PRESIDING OFFICER. The von Spakovsky. They are filibustering the Government get a court order to clerk will call the roll. target Americans in the United States. their own nominee. The legislative clerk proceeded to I said: Let’s vote on all of the FEC Mr. President, I reserve the remain- call the roll. der of my time on this amendment, and nominees, any order you want. We will Mr. REID. Mr. President, I ask unan- vote on ours first, last, we don’t care. I yield the floor. imous consent that the order for the The PRESIDING OFFICER. Who Let’s just have a vote on them. No. Un- quorum call be rescinded. yields time? less we would guarantee von The Senator from Missouri. The PRESIDING OFFICER. Without Spakovsky would pass, no. I don’t Mr. BOND. Mr. President, I yield my- objection, it is so ordered. know if Mr. Spakovsky would pass. I self 3 minutes on amendment No. 3913. PENDING NOMINEES suspect the Republicans don’t think so. It is interesting to hear that the pro- Mr. REID. Mr. President, I have a But it seems fair to me that we should ponent of this amendment thinks the friend. I have known him for a long have votes on these nominees.

VerDate Aug 31 2005 01:17 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.026 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S693 The record over the years is full of general. John R. Bolton ‘‘deserves an up-or- morning. All nominees that the Presi- remarks by my Republican colleagues down vote so that he can continue to protect dent has pending were invited to the characterizing the up-or-down vote as our national interests at the U.N.,’’ Mr. White House, Democrats and all. Why? the gold standard of reasonableness in McConnell said of the nominee to be United To complain about the Democrats not Nations ambassador. ‘‘Let’s get back to the Senate process. That is apparently not way the Senate operated for over 200 years, approving them. the view when it comes to one of their up-or-down votes on the president’s nominee, This leads me to tell you a little ex- nominees, who would actually stand a no matter who the president is, no matter perience I have had, and we have all chance of losing a vote. Republicans who’s in control of the Senate,’’ he said dur- had, with this President. The President won’t allow a vote on our Democrats ing the dispute over judicial filibusters. is in fact hoping to have breakfast with unless we approve this person. That Mr. McConnell’s devotion to the principle all the nominees, Democrats and Re- doesn’t make sense. of up-or-down votes for nominees, it turns publicans, now pending in the Senate, The reason these FEC nominees, in- out, has limits: Apparently fearing defeat if in an effort to force the Senate to con- a simple majority vote were allowed, the mi- cluding Steve Walther, have not been nority leader has refused to accept Senate firm all these people. They must live in approved rests squarely with the White Democrats’ offer for such a vote on President some alternative universe. I talked House and the Republicans. Bush’s choice for a Republican seat on the yesterday about the Orwellian nature Mr. President, I ask unanimous con- Federal Election Commission. The con- of this White House, and this is it. He sent to have printed in the RECORD two sequence is that, as the country begins an has invited people to the White House editorials. election year, the agency entrusted with to complain about our not approving There being no objection, the mate- overseeing enforcement of the federal elec- them when they—the President and the rial was ordered to be printed in the tion laws is all but paralyzed: Only two com- White House—are the reason we are missioners are in place, meaning that the RECORD, as follows: agency, six members when it is at full not approving many of them. [From the New York Times, Jan. 31, 2008] strength, cannot initiate enforcement ac- He invited Mr. Walther, Mr. Lenhard WHILE THE ELECTION WATCHDOG WANDERS tions, promulgate rules or issue advisory and other Democratic nominees to the The presidential campaign’s heated fund- opinions. White House, along with all his Repub- raising sweepstakes finds lobbyists hurriedly The standoff involves Hans A. von lican nominees, to get them to be a ‘‘bundling’’—amassing additional hundreds Spakovsky, a former official in the Justice backstop, a picture, so he can come out of thousands from donors to re-stake sur- Department’s civil rights division who had and give one of his Orwellian speeches viving contenders for the next primary been serving as an FEC commissioner until that these people are not being ap- rounds. (Lobbyists reportedly bundled his recess appointment expired last month. proved because of the terrible Demo- Democrats and civil rights groups argue, $300,000 for Senator John McCain in one crats in the Senate. Actually, we are night in Washington after his stock revived with some justification, that Mr. von on the campaign trail.) Spakovsky’s tenure at Justice was so trou- waiting for him to allow us to have In packaging political influence by bling that he does not deserve confirmation votes on a number of these nominees. superlarge chunks, money bundlers are at to the FEC post. Some Democrats had The President’s breakfast only need- least as crucial to understanding where can- threatened to filibuster the nomination, but ed one attendee. Only one. That is be- didates stand as their campaign vows. Fortu- Senate Majority Leader Harry M. Reid (D- cause only one nominee matters to this nately for voters, a new election law man- Nev.) managed to offer an up-or-down vote President. It should be an intimate dates the disclosure of the names of lobby- on each of the four pending nominations to breakfast between President Bush and the agency, two Republicans and two Demo- ists and other bundlers working the high- a man by the name of Steven roller realm of donations of $15,000 or more. crats. But Mr. McConnell and fellow Repub- Unfortunately for the same voters, this vital licans have insisted that the nominees must Bradbury. Why do I say that? I say law cannot yet be implemented. be dealt with as a package, with no separate that because of all the nominees the A partisan standoff blocks the Senate from votes allowed. To be fair to Mr. McConnell, President will profess to care about at filling four existing vacancies on the Federal the practice has been to vote on FEC nomi- this breakfast, Steven Bradbury stands Election Commission. The six-member panel nees as a package to ensure that the politi- head and shoulders above all the others is powerless to form a quorum and write the cally sensitive agency remains evenly di- in the President’s esteem. I am not regulations needed to shed sunlight on bun- vided between the two parties. But that has guessing; I was told so by the White dling. Senator Mitch McConnell, the Repub- not been an absolute rule; indeed, the last nominee who generated this much con- House. lican minority leader, is refusing to allow in- Right before the Christmas recess, I dividual up-or-down majority votes on nomi- troversy, Republican Bradley A. Smith, had nees for the commission. Mr. McConnell a separate roll call vote and was confirmed called the President’s Chief of Staff, threatens a filibuster unless they are voted 64 to 35 in 2000. But Senate Democrats could Mr. Bolten. A wonderful man; I like on as a single package—an obstructionist commit to a quick vote on a replacement him; easy to talk to and easy to deal tactic to protect a highly unqualified Repub- nominee, if they were able to muster the with. I said: I tell you what, Josh. We lican nominee, Hans von Spakovsky, from votes to defeat Mr. von Spakovsky. are going to go into recess, and why rejection in a fair vote. We have suggested previously that it is don’t we have an agreement on who the Mr. von Spakovsky is a notorious partisan more important to have a functioning FEC President wants to have recess ap- who previously served the Bush administra- than to keep Mr. von Spakovsky from being tion as an aggressive party hack at the Jus- confirmed. But Mr. McConnell ought to ex- pointed and, in fact, I will give you tice Department. There, he defended G.O.P. plain why the up-or-down vote he deemed so some suggestions. You can have a stratagems to boost Republican redistricting critical in the case of Mr. Mukasey, Mr. member of the Federal Reserve Board and mandate photo ID’s in Georgia—a device Bolton or appellate court nominee Miguel A. of Governors, you can have a Federal to crimp the power of minorities and the Estrada is so unacceptable when it comes to Aviation Agency, and you can have a poor who might favor Democrats at the bal- Mr. von Spakovsky. couple of other Chemical Safety Board lot. Mr. REID. Mr. President, I can gath- members. I said: Not only that, there President Bush refuses to withdraw the er one thing from the President’s un- are 84 other Republican nominees we von Spakovsky nomination, while the Demo- crats demand he be considered on his indi- willingness to resolve the Federal Elec- will approve. There are 8 Democrats, 84 vidual record, not yoked to three less con- tion Commission problem. That is that Republicans. Pretty good deal. He said: troversial nominees. We urge the Senate ma- they would rather have no election Let me check. jority leader, Harry Reid, to highlight this watchdog in place during an election He called me back and he said: Well, blot on democracy by moving the von year. what we want is to have a recess ap- Spakovsky nomination as a separate meas- The background on the FEC makes pointment of Steven Bradbury. I said: ure and demanding a cloture vote. Force the the call from Mr. Walther particularly Josh, I didn’t recall the name. Let me Republicans to either filibuster against their remarkable. Listen to this, now. It check. I checked with Chairman own unqualified partisan or dare to vote for even gets better. LEAHY, I checked with Senator DURBIN, him in broad daylight. Steve Walther called to tell me he who is a member of that committee, I [From the Washington Post, Jan. 28, 2008] had been invited to the White House by checked with Senator SCHUMER, who is UPORDOWN the President to push for his nomina- on that committee, and they and oth- ‘‘We need to get him to the floor for an up- tion. I got calls from other people ers said: You have to be kidding. This or-down vote as soon as possible,’’ Sen. whom I had placed in the works to get is a man who has written memos ap- Mitch McConnell (R-Ky.) said of Michael B. approved by the Senate. They were all proving torture, and that is only the Mukasey, then the nominee for attorney invited to the White House tomorrow beginning.

VerDate Aug 31 2005 01:17 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.040 S06FEPT1 smartinez on PRODPC61 with SENATE S694 CONGRESSIONAL RECORD — SENATE February 6, 2008 Senator DURBIN—I don’t know if he for a number of Republican nominees. have for towns, such as McComb, small has time today—will lay that out in Democrats are willing to approve them towns that might be overlooked other- more detail. and Republicans stand in the way. Why wise. He helped to make the potential I called Josh back and I said: Josh, would he invite them down there also? of Amtrak service a reality. We have that man will never get approved. He But he did, because there is an Orwell- such a success story of Amtrak in Illi- has no credibility. He said: Well, let me ian thought process that goes on down nois in the last year or two, with dra- check with the President. He called there saying Democrats aren’t allowing matic increases in ridership. Tom saw back and said: It is Bradbury or no- these people to get approved, which is this coming and was a real leader. He body. I said: You are willing to not the direct opposite of the truth. convinced the State of Illinois to dou- allow 84 of your people to get approved All for one person it appears, Mr. ble its State investment in Amtrak. He because of this guy? He said: Yes, that Bradbury. Whatever the White House worked with a broad coalition of pas- is what the President wants. wants, Bradbury would give it to them senger, business, labor groups, and Now there are 84 nominees, and in a legal opinion. We are not going to elected officials to increase Amtrak among them somebody Secretary accept that. What the President is try- service across our State. Chertoff wanted badly. Secretary ing to do with this show tomorrow is so We are experiencing a renaissance in Chertoff called me personally on some- unreasonable, so unfair, and so out of terms of passenger rail in our State in one and he said: You have to give us step with reality—as is the budget he a short period of time. Senator REID this person. We have important things gave us on Monday—that I hope the was given an opportunity to fill a va- to do here. If I don’t get her, they will American people understand what is cancy on the Amtrak board. I asked send me somebody from OMB, and that going on in this country. him to consider former Mayor Tom will be a person who doesn’t know any- It is too bad we have a situation Carper of McComb, IL. He was kind thing from anything. You have to help where the President of the United enough to recommend him. There are me with this. States would have a meeting in the seven voting members on the Amtrak The head of Alcohol, Tobacco and White House and invite everybody to bipartisan board—three Republicans, Firearms, four Department of Defense say: I am sorry you are not going to be three Democrats, and the Secretary of assistant secretaries, the Deputy Di- approved, it is their fault, when the Transportation. Currently, there are rector of the National Drug Control truth is, it is his fault. four vacancies on the board, which Policy, the Director of the Violence Now, here are the people we con- means the board does not have enough Against Women’s Office, Assistant At- firmed. They are right here. Everybody members for a quorum, and it forces torney General, Under Secretary of can see them. We confirmed all of the board to conduct business via an Commerce for International Trade, Di- them. And had it been up to the Presi- ‘‘Executive committee.’’ rector of the Census, Solicitor for the dent, not a single one would have been On our last day of session in Decem- Department of Labor—these are only a confirmed. ber, Senator REID, I think through The PRESIDING OFFICER. The as- handful of the jobs of the 84. great effort and courtesy, rose above Now, these jobs, all Republicans, all sistant majority leader. the President’s refusal to cooperate on Mr. DURBIN. Mr. President, I am names given up to us by the President, nominations and worked to confirm glad the majority leader has come to are jobs these people have sought for more than 80 nominations in a single speak about this issue. It is hard to their whole lives. Head of the Census, day. But we could have—and should imagine what is going through the head of the National Drug Control Pol- have—confirmed at least two more. mind of the President that he believes icy, Director of Violence Against Wom- Senator REID and I worked together he can make an argument tomorrow en’s Office, Solicitor for the Depart- and offered to confirm two nominees to with the meeting at the White House, ment of Labor. Nope, they are not the Amtrak board—one Democrat, Tom that we have been unreasonable in Carper, and one Republican, both of going to have a job. dealing with his nominations. I thought about that. That was a de- whom had been favorably reported by Senator REID spelled out what hap- the Commerce Committee. cision the President made, willing to pened. We tried, in many ways, to get throw 84 people under the bus, run over The Republicans objected. They in- some balance in nominations. That is sisted that we confirm one Democrat them, for one person he knew he done all the time so Republicans and couldn’t get. That is 84 plus the 4 he and two Republicans or none at all. Democrats will be appointed. It is done Now, this ‘‘all-or-nothing’’ approach is could recess appoint. So what we did, by both parties. I have seen it in the we stayed in session during the entire not new. We have seen this before when years I have been around the Senate. it comes to nominations. holiday recess. But before we went out, When Senator REID made that offer in As the majority leader described, I I thought to myself, I don’t know these December, the White House said: No, think the most glaring example of this 84 people. Some of them I have met, they would not do it unless they could is the nomination of Steven Bradbury but these are jobs that are important have this one nomination, Mr. to be Assistant Attorney General. The to our country, jobs that are important Bradbury. And I will have to say I majority leader was willing to allow to these individuals and their families. think Senator REID went that extra additional confirmations—and even re- I made the decision that because the mile, an extra 84 miles, as a matter of cess appointments—for a number of President is willing to do what I think fact, and he basically said 84 of those nominations. is so unfair, so unreasonable, that Bush nominees would be confirmed. I can tell you, having dealt with Sen- doesn’t mean I am going to be unfair The majority leader recounted sev- ator REID, he bends over backward to and unreasonable. So I called Secretary eral phone calls he received this week be balanced in this approach. That is Chertoff and others and said: Just be- from Democratic nominees to bipar- the way it has to be in the Senate. cause your boss is unreasonable and tisan commissions. I heard from my That is the way the institution oper- unfair, I am not going to be that way. friend, Tom Carper, not the Senator ates. But the White House turned down So I am going to walk out on the floor from Delaware but a friend of mine his offer. They turned down his offer and approve every one of them, which from McComb, IL, who has been nomi- because of one nomination, the nomi- we did. So for him to have that meet- nated to serve on the board of directors nation of Steven Bradbury. ing tomorrow takes about as much gall of Amtrak. It was clear this request, Mr. as I can even imagine, to have a meet- Tom has been working on passenger Bradbury, was going to be rejected. Mr. ing where he brings in all the people rail issues for 20 years, 12 years as Bradbury’s nomination has been re- who have not been approved. And had I mayor of the city of McComb, IL, turned to the White House four times not been, in my own words, generous, which is served by Amtrak. As mayor, since he was first nominated for the job he would have had 84 more people he he served as the chairman of the Am- in June 2005. What part of ‘‘no’’ does would have had to invite down there. trak Mayor’s Advisory Council. He re- the White House fail to understand? I can’t imagine how he could invite ceived national recognition for his Why does the President care so much Democrats down to the White House. leadership on Amtrak issues. about this one nominee that he is will- Several of them are being blocked in He saw firsthand the enormous po- ing to sacrifice all these other nomi- this body by Republicans. Same goes tential that passenger rail service can nees? He is going to fill the White

VerDate Aug 31 2005 01:17 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.041 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S695 House with people who are going to MER told me Jim Comey was a straight than JOHN MCCAIN, who spent over 5 have this fine White House china in shooter, an honest man who would not years in a Vietnam prison camp. He front of them, sipping coffee and tea compromise his principles in public came to this floor and made an impas- and eating little cookies and com- service. He said I could trust Jim sioned plea for us to make it clear that plaining that somehow or another the Comey. During the period Jim Comey torture would not be part of American Democrats in the Senate are ignoring served in our Government, CHUCK policy. their need to serve our Government. SCHUMER was right. Jim Comey enjoys In the end, he won that amendment We are not ignoring it. Senator REID that reputation because he earned it. by a vote of 90 to 9, an amendment has offered repeatedly to confirm these We now know what happened because which absolutely prohibits cruel, inhu- nominees on a balanced basis, even giv- it has come to light that there was an mane or degrading treatment. Steven ing the President 84 nominees without infamous showdown at the bedside of Bradbury, now infamous for his role in this balance. They have said: No deal Attorney General John Ashcroft, who memo after memo relating to torture, unless we get Steven Bradbury. He is was hospitalized in an intensive care felt he found a way, through an opin- the only appointment, clearly, who is unit, where White House Chief of Staff ion, for the administration to avoid the important to this administration. Andrew Card and former Attorney Gen- impact of the law the President signed, Why? What is it about this man? What eral Alberto Gonzales tried to pressure the McCain torture amendment. would possibly be in his background or a then-ailing John Ashcroft into over- That is what this is about. This is his potential for future service that ruling Jack Goldsmith and his acts in not a casual situation where I find Mr. would be so important? the Office of Legal Counsel. It is hard Bradbury personally offensive. We are Well, this is worth talking about for to imagine that they would go into a going to the heart of a question as to a minute. Steven Bradbury is the head hospital wing, with the acting Attor- whether this man can serve this coun- of the Office of Legal Counsel, also ney General and with the President’s try in this critical position in the known as OLC. OLC is a small office Chief of Staff, to a man in an intensive White House based on what we have and most people have never heard of it, care unit and try to persuade him to seen over and over again: his com- but it has a great deal of power, espe- sign a document to overrule Jack Gold- plicity in some of the most embar- cially in this administration. The Of- smith. rassing chapters in this administra- fice of Legal Counsel issues legal opin- Fortunately, Attorney General John tion, including some that have been ions that are binding on the executive Ashcroft, to his credit, refused. When publicly repudiated. branch of Government. Jack Goldsmith finally left the Justice Last fall, while the Senate was con- In the Bush administration, OLC has Department, the administration real- sidering the nomination of Judge Mi- become a rubberstamp for torture poli- ized they did not need any more trou- chael Mukasey to be Attorney General, cies that are inconsistent with Amer- ble from the Office of Legal Counsel, the judge pledged to me in writing that ican values and laws. In August of 2002, they needed someone in that office who he would personally review all of the the Office of Legal Counsel issued the would not rock the boat, would not Office of Legal Counsel’s opinions deal- infamous torture memo. This memo question their opinions, someone who ing with torture. He said he would de- sought to redefine torture, narrowing would rubberstamp their policies. termine whether each of these opinions it to a limited situation of abuse that So, in June 2005, President Bush nom- can be provided to Congress and wheth- causes pain equivalent to organ failure inated Steven Bradbury to succeed er he agreed with the legal conclusions or death. These words meant the Jack Goldsmith—Steven Bradbury, the of each of these opinions. This promise United States was preparing to aban- person who has now become the center- made by Attorney General Mukasey to don generations of commitment to out- piece of the entire appointment agenda me, to the Judiciary Committee, and lawing and prohibiting torture. This of the Bush administration. Although to the Senate is a matter of public memo also concluded the President has Mr. Bradbury has never been confirmed record. the right to ignore the torture statute, in this position, he has effectively been Last week, Attorney General which makes torture a crime. This head of OLC for 21⁄2 years. Mukasey appeared before the same Ju- memo was official Bush administration In 2005, Mr. Bradbury reportedly diciary Committee for the first time policy for years, until it was finally signed two OLC legal opinions approv- since he was confirmed. I asked him leaked to the media, and the adminis- ing the legality of abusive interroga- point-blank whether, as he had prom- tration was forced to repudiate it. tion techniques. One opinion, on so- ised, he had reviewed all of the OLC Jay Bybee, who was then the head of called ‘‘combined effects,’’ authorized torture opinions. I specifically asked the Office of Legal Counsel, signed that the CIA to use multiple abusive inter- him about Steven Bradbury’s ‘‘com- memo. Unfortunately, Mr. Bybee was rogation techniques in combination. bined effects’’ opinion, which Jim confirmed to a lifetime appointment on According to the New York Times, Comey said would shame the Justice the Federal bench in the Ninth Circuit then-Attorney General Alberto Department if it became public. Sadly, before Congress and the American peo- Gonzales approved this opinion of Mr. the Attorney General said he had not ple learned about his complicity in the Bradbury over the objections of then reviewed those opinions. He realized creation of this infamous torture Deputy Attorney General Jim Comey, that he had made a promise to me that memo, a memo that was repudiated by who said the Justice Department would he would, and we left it at that. He did the Bush administration once it be- be ashamed if the memo became public. acknowledge in the course of his testi- came public. Mr. Bradbury also authored and mony how much he respected Jim Jack Goldsmith succeeded Jay Bybee Alberto Gonzales approved another Of- Comey, how he had turned to him for as head of the Office of Legal Counsel. fice of Legal Counsel opinion, con- advice and believed he was an honor- Mr. Goldsmith is a very conservative cluding that abusive interrogation able man. I feel the same. I trust that Republican, but even he was disturbed techniques, such as waterboarding, do Attorney General Mukasey is also an when he heard what was happening at not constitute cruel, inhumane or de- honorable man who will keep his word. the Office of Legal Counsel. grading treatment. This opinion was In the meantime, while all of this As head of that office, he revoked the apparently designed to circumvent the continues, Steven Bradbury remains as misguided OLC opinions dealing with McCain torture amendment. I was the effective head of the Office of Legal warrantless surveillance and torture. proud to cosponsor JOHN MCCAIN’s tor- Counsel, even though it has been 21⁄2 He decided those opinions went too far. ture amendment. We are in the midst years since he was nominated and he Deputy Attorney General Jim Comey of a Presidential campaign, and I sup- has never been confirmed. Legislation supported Mr. Goldsmith’s actions. Let pose you have to be careful as a Demo- known as the Vacancies Reform Act me say a word about Mr. Comey. My crat saying anything positive about a prohibits a nominee from serving for colleague and friend for years, Senator man who may be the Republican nomi- this long without confirmation. It SCHUMER, first told me about Jim nee. makes a mockery of the confirmation Comey when he was chosen to be the But I could not think of another Sen- process that Mr. Bradbury assumes a Deputy Attorney General under Attor- ator who could speak with more au- role he has never been given under the ney General Ashcroft. Senator SCHU- thority on interrogation and torture law. Apparently, he is so important to

VerDate Aug 31 2005 02:57 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.042 S06FEPT1 smartinez on PRODPC61 with SENATE S696 CONGRESSIONAL RECORD — SENATE February 6, 2008 the Bush administration, they are will- approach which would have kept Amer- ney General yesterday and said: Here is ing to violate this law to keep him in ica and our Constitution safe. exactly what I am looking for, the let- his position, and they are prepared to Yesterday, we learned why Steven ters we have sent, the questions we toss overboard scores of nominations Bradbury is so important to the White have asked, and I want you to respond which could be approved by this bipar- House. We also learned why he refuses to them. I hope I receive that response tisan Senate if they would only relent to condemn waterboarding. It was by the end of the day. If I receive that on this nominee, who is obviously not Super Tuesday, so a lot of political response and it is a good-faith re- going to be approved. The fact that Mr. minds were focused on other places and sponse, even if I disagree with it, if it Bradbury continues to serve as the ef- other things. Unfortunately, it didn’t is a good-faith response, then Judge fective head of the Office of Legal get a lot of attention, but every Amer- Filip can move forward. I hope he will. Counsel appears to be an attempt to ican should know what happened yes- It is now in the hands of Attorney Gen- circumvent the confirmation process in terday on Capitol Hill. eral Mukasey. order to install this controversial In testimony before the Senate Se- Let me highlight two of the ques- nominee in a key Justice Department lect Intelligence Committee, CIA Di- tions I am asking: First, does Attorney post in the closing days of this admin- rector Michael Hayden acknowledged General Mukasey agree with the legal istration. that the United States of America has conclusions of the Office of Legal Ironically, the Vacancies Reform Act used waterboarding, a form of torture, Counsel torture memos written by Ste- to which I referred was passed by the on three detainees. Waterboarding, or ven Bradbury, that Jim Comey believes Republican-controlled Congress in 1998 simulated drowning, is a torture tech- the Justice Department would be to limit the ability of then-President nique that has been used since at least ashamed of if they were made public? Clinton’s nominees to continue to the Spanish Inquisition. It has been Second, will the Justice Department serve in an acting capacity. The legis- used by repressive regimes around the investigate the administration’s use of lation was specifically targeted at Bill world. waterboarding to determine whether Lann Lee, the first-ever Asian-Amer- Every year, the State Department any laws were violated? I didn’t call for ican head of the Civil Rights Division. issues a report card on human rights in prosecution but simply for an honest Apparently, the Bush administration is which we are critical of other countries investigation. ignoring the very law which a Repub- that engage in what we consider to be I recognize the Bush administration lican Congress passed to make it clear basic violations of human rights. In- wants to confirm Steven Bradbury, to that the President does not have the cluded in those basic violations is tor- ensure they have a firewall to protect authority to appoint people like Steven ture of prisoners. Included in that tor- their torture policies. But what is at Bradbury in an acting capacity with- ture is waterboarding. So once a year stake here is more important than this out confirmation. we stand in judgment of the world and one nominee. This is about who we are Why has Mr. Bradbury not been con- condemn them for engaging in as a country. This is about the United firmed? For years, the Justice Depart- waterboarding and torture techniques States, our values, our standards of ment has refused to provide Congress on their prisoners. Yet it is clear from conduct. This is about whether the with copies of the opinions Mr. the testimony yesterday of General United States can, with a straight face, Bradbury authored on torture. Mr. Hayden that we have engaged in some be critical of regimes and countries Bradbury has refused to answer of those techniques. around the world that engage in abu- straightforward questions from myself Following World War II, the United sive interrogation techniques. This is and other members the Judiciary Com- States prosecuted Japanese military about whether we protect American mittee regarding his role in this. personnel as war criminals for soldiers and American citizens from Here is what I said in November 2005 waterboarding American servicemen. torture by unequivocally condemning about Mr. Bradbury’s nomination: The Judge Advocate Generals, the those forms of interrogation. The Since the Justice Department refuses to highest ranking military lawyers in United States cannot be a country that provide us with OLC opinions on interroga- each of the U.S. military’s four defends a practice which the civilized tion techniques, we do not know enough branches, have stated publicly and un- world has considered torture for over about where Mr. Bradbury stands on the equivocally that waterboarding is ille- five centuries. issue of torture. What we do know is trou- gal. Democrats are willing to work with bling. Mr. Bradbury refuses to repudiate un- Now the United States of America the President, in a bipartisan manner, American and inhumane tactics such as has acknowledged engaging in conduct to confirm nominations. But the Presi- waterboarding. that we once prosecuted as a war dent’s response to the majority leader’s As I have said before, I believe that crime. This is unacceptable. work in confirming more than 80 nomi- at the end of the day, when the history Yesterday, I sent the Attorney Gen- nations in December by renominating is written of this era, there will be eral a letter. I wanted to spell out Steven Bradbury last month is not en- chapters that will not be friendly to clearly for him, so there is no mis- couraging. If the President truly wants this administration. understanding, why it is important to confirm his nominations, he should In past wars, Presidents of both po- that he respond to several requests not be pouring coffee and tea at the litical parties have been guilty of ex- which I have made for information. At White House. cessive conduct, in their own view, as the heart of it is a good man, a judge He ought to have his Chief of Staff, part of national security. One can re- named Mark Filip, who serves in the Mr. Bolten, pick up the phone and say: member the suspension of habeas cor- Northern District of Illinois, a man Let’s get down to business. There are pus by President Lincoln during the whom I supported for his confirmation important Democrats and Republicans Civil War, the Alien and Sedition Act as a Federal judge and who has re- who can be appointed tomorrow if the of World War I, and the Japanese in- ceived positive reviews for his service President will understand that the en- ternment camps of World War II. All of on the bench. tire fate and future of his administra- these examples, as we reflect on them Attorney General Mukasey would tion should not hang on this one nomi- in history, do not reflect well on this like Judge Filip to be his Deputy At- nee, Steven Bradbury, who has been country. Decisions were made which torney General. That is a good choice. implicated in some of the most ques- many wish could be undone. The same But I have said to the Attorney Gen- tionable practices of this administra- is likely to be true when it comes to eral, there is only one thing between tion. I hope the President and his Chief the issue of torture and the war on ter- my enthusiastic vote for Mark Filip of Staff, after they have had their cof- rorism under the Bush administration; and his remaining on the calendar: The fee with these potential nominees, will this issue of warrantless surveillance, Attorney General has to respond to in- pick up the phone and work with us for where for years, literally, this adminis- quiries I have made, some of which the right result. tration went beyond the law and at- were made months ago, on this critical I yield the floor. tempted to intercept communications issue of torture. I wanted to make cer- The PRESIDING OFFICER (Mr. when they could have come to Congress tain that there was real clarity in my MENENDEZ). The Senator from Ala- and received bipartisan support for an request. So I sent a letter to the Attor- bama.

VerDate Aug 31 2005 01:17 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.044 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S697 Mr. SESSIONS. Mr. President, I have attacked us around the world. enemy combatants. So we have endan- would like to share some thoughts on They attacked us repeatedly before 9/ gered, sometimes I really believe, not the FISA legislation. It is critically 11, and they desire to destroy our coun- only our troops, who put themselves in important, and we need to pass the In- try. harm’s way—and are in harm’s way telligence Committee bill. Our administration made a decision right now—to carry out the policies we I will first say, in response to my after 9/11 that we could not treat these gave them, but innocent Americans able colleague from Illinois, that Gen- kinds of military attacks, designed to here at home. eral Hayden’s comments in which he destroy our country by organized for- We have to keep this threat in the indicated three people had been sub- eign forces, as normal law enforce- forefront of our minds. These are indi- jected to waterboard torture are some- ment. I was a former Federal pros- viduals dead set on the destruction of thing we ought to think about. First, I ecutor. In a criminal prosecution, you our country at any cost. There is noth- am glad, as he said and has been re- try to catch people after they have ing they will not do. peated, waterboarding was only used committed the crime. But these acts Let me state that the FISA law three times early on after 9/11 against are so horrible that the nature of them should be made permanent. It should some of the most dangerous people we is such that they are acts of warfare not merely be extended with another have ever dealt with. and not crimes, and they need to be sunset provision. It is a fallacious ar- As a result of the debate and discus- treated in that fashion. We remain gument to claim we cannot revisit a sion about that, we had an amendment somewhat confused about it. So the old law unless there is some sunset when it on the floor of the Senate, which Sen- policy meant you would investigate ends. As Members of this Congress, it is ator KENNEDY offered to the Military after the crime was committed. It was incumbent upon us to continually re- Commissions Act in 2006, to prohibit basically a stated or implicit policy of view legislation we pass to ensure that waterboarding. It failed 46 to 53. We the Clinton administration. We cannot the laws are accomplishing the goals have a statute that does prohibit tor- return to that kind of strategy. set forth and that no unintended con- ture—Congress passed it overwhelm- One of the most important legal pow- sequences occur. There is no sound rea- ingly and it was supported by Senators ers and authorities we have to defend son to pass critical legislation such as KENNEDY, LEAHY, BIDEN, and others— America is the Foreign Intelligence the Protect America Act and slap an that defined torture as infliction of se- Surveillance Act. It has played a key expiration date on it. Fighting the war on terror is a long- vere physical or mental pain or suf- role in preventing subsequent attacks term enterprise that requires long- fering. I am glad we are no longer uti- on U.S. soil for the last 6 years. We are term institutional changes. As the Vice lizing waterboarding. I hope we never dealing with very real, very imminent President said in a recent speech: have to do it again. threats, and we must continue to assist I just want to say to my colleagues, the fabulous military and intelligence The challenge to the country has not ex- pired over the last six months. It won’t ex- be careful how you portray the United personnel who are working this very pire any time soon, and we should not write States around the world. moment long hours to protect our Na- laws that pretend otherwise. Mr. Goldsmith, who has been quoted tion. The Intelligence Committee bill is a here and previously testified before our I have visited our National Security collaborative, bipartisan compromise committee, has written a book. He said Agency and met with the people who that was crafted in consultation with this war on terror has been the most gather the intelligence under this act. members of the Intelligence Com- lawyered war in the history of the Re- They love America. These are not peo- mittee, the Director of National Intel- public. Lawyers have been involved in ple who are trying to harm our country ligence, the Department of Justice, and everything. Great care has been given and deny us our liberties. They are the intelligence community after to ensure the law was followed. To sterling individuals who carefully fol- months of negotiation and review of compare waterboarding of 3 individuals low the rules we give them. They fol- highly sensitive information, most of to what was done to American pris- low the rules. They say they cannot which was classified, secret, about the oners by the Japanese in World War II continue effectively to do their job un- current surveillance procedures and is just unthinkable. To date, not a sin- less we pass this legislation. They can- how they were being used by the Gov- gle prisoner whom we have captured in not continue to do what they need to ernment to obtain critical national se- the War on Terror has died, to my do. curity information. We cannot over- knowledge, in American custody— The terrorists waging war against stress that the committee most inti- maybe or one or two from some dis- our country do not fight according to mately involved with this process and ease, but certainly not from abuse. the rules of warfare, international law, the electronic measures being utilized I just finished reading the book moral standards, or basic humanity. voted their bill out by an overwhelm- ‘‘Hells Guest’’ by Mr. Glenn Frazier They have even, in recent days, appar- ingly bipartisan 13-to-2 vote. from Alabama, a Bataan Death March ently used mentally ill women as sui- Remember, it has been over 6 years 4 survivor. About 90 percent of those cide bombers, setting off bombs that months since the terrible attacks of prisoners died. They starved to death. have resulted in the deaths of other September 11, and we may be most They were beaten on a regular basis people, as well as the poor people who thankful that not one attack has been and abused in the most horrible way. had the bombs strapped to them. carried out on our soil since that day. To even compare what was done to So, historically, we have provided the As we move further from that dreadful American soldiers wearing a uniform protections of the Geneva Conventions day, I fear our memories have begun to lawfully being a combatant to what only to those whose conduct falls with- fade. Otherwise, there is no sound jus- has been done to a few people without in the rules of war, those who fight tification for doing anything other any physical or permanent injuries is under a flag of a nation, who wear uni- than reauthorizing the Protect Amer- not fair. It is part of a rhetoric de- forms against other organized military ica Act, which would allow the intel- signed for political consumption at units. However, under a twisted ration- ligence community to simply continue, home that has embarrassed our coun- ale, predicated on the belief by some uninterrupted, their work which has try around the world and led decent that we are not fighting a real war, we been protecting this Nation and can people around the world to believe our have given more rights to these indi- continue to protect it in the future. military is out of control and we are viduals, who flatly reject any rule of After the intelligence Committee systematically abusing and torturing war, than we have provided to legiti- passed a bill, the Senate Judiciary prisoners when it is not so. We ought to mate prisoners of war who have fol- Committee, of which I am a member, be ashamed of ourselves to go on again lowed the rules of war. We have done got involved and produced a partisan and again about it. that in a number of different in- bill. We already voted to table the par- We continue to be confused. Our stances—it is sort of amazing to me— tisan Judiciary substitute, and we de- country faces very real dangers. Ter- including providing them with habeas bating the bipartisan Intelligence Com- rorists are determined to damage this corpus relief to go to Federal court. mittee bill. Let me point out, however, country. It is not just talk. We know it These are not traditional prisoners of something that happened in the Judici- is true. They have done it before. They war, but prisoners who are unlawful ary Committee. The bill produced by

VerDate Aug 31 2005 01:17 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.045 S06FEPT1 smartinez on PRODPC61 with SENATE S698 CONGRESSIONAL RECORD — SENATE February 6, 2008 the committee was given very little acted by giving approval to the pro- ceed, even allowing for the Government process during one committee meeting gram in passing the Protect America to be substituted for the telecom com- where 10 Democratic amendments were Act overwhelmingly last August. I did panies, we run the risk of exposing the accepted along a strict party-line vote, not want to be too lighthearted about things our enemies really want: classi- and the bill itself, ultimately, was it, but I remember all the brouhaha fied national security information. voted out with only Democratic sup- that this program was somehow wrong Make no mistake, if forced to defend port. No Republican voted for it. It was and had to be eliminated, and people themselves against lawsuits brought a purely partisan bill. made all these unsubstantiated allega- about because they cooperated with a Strikingly, the one vote that gar- tions. But after we went in great depth, government request certified to be nered bipartisan consideration was we found, as Mr. Goldsmith said, that legal, companies will certainly hesitate against an amendment that was offered the lawyers have been on top of this or refuse outright to cooperate in the by Senator FEINGOLD to strip the retro- since day one. It was a carefully con- future. Even where substitution by the active liability protections found in structed program. A court opinion Government is an option, we would be section 2 of the Intelligence bill. issues last spring caused us to not be putting national security decisions in We had a discussion and vote on able to continue the way it was being the hands of corporate counsels in the whether the liability protections to done, and the Intelligence community future whose duties—and their first re- keep the companies that helped us and asked us for legislation so it could con- sponsibilities—extend to the stock- responded to Government requests— tinue. The Congress passed the Protect holders of their company, and not the whether they should be sued for doing America Act this summer, but it was a national security. so—should be stripped from the bill. We short-term bill that lasted only 6 If we ask a company to help us, do we voted in the Judiciary Committee, 12 months. want all the lawyers in that company to 7, to follow the recommendation of All I would want to say is, nobody to say: Wait a minute. The last time the Intelligence Committee bill that apologized to President Bush or the At- we worked with you government we they passed 13 to 2, and keep the lim- torney General of the United States or got sued, and we are going to review all ited liability protections. So it was a the people at the National Security of this because some court may hold 12-to-7 vote to defeat the Feingold Agency for all the bad things they said this—or George Soros may fund some amendment that would have removed about them. After having studied what lawsuit and tie us up in court. We don’t those liability protections. they did, we concluded it is constitu- think we want to help. I think they Directly after that vote, however—it tional and legal and proper and nec- would naturally take that tack in the was curious how it all happened—but essary, and we actually passed a law to future to resist cooperation. directly after that vote, Chairman authorize it to continue. During floor debate in December, the LEAHY moved to report only Title I of But still, there have been over 30 law- distinguished chairman of the Intel- the Judiciary substitute bill out of suits now filed against telecom pro- ligence Committee, our Democratic Committee. When that passed, that ef- viders for their alleged participation in colleague Senator ROCKEFELLER, said fectively stripped the liability protec- the terrorist surveillance program—30 this. This is what he said about the tion provisions the committee had just lawsuits. Analysis of these lawsuits matter: voted to keep. leads only to the conclusion that the Our collective judgment— The point is that the Democratic- plaintiffs are substituting speculation and he is talking about the Intel controlled Judiciary Committee, when and a fevered brow for fact and are ig- Committee members— voting directly on removing retro- noring the dangerous consequences active liability, voted 12 to 7 to keep it. these lawsuits can have on our na- Our collective judgment on the Intel- ligence Committee is that the burden of the But by the time we passed out the Ju- tional security. diciary Committee’s version of the bill, debate about the President’s authority I do not know who is actually filing should not fall on the telecommunications we had taken it out. I’m not sure peo- these lawsuits. I will just say this, par- companies— ple fully understand how that occurred, enthetically: Last October, before the In other words, the debate about but it certainly was an odd thing that last election, Lancet magazine pro- whether the President had authority to it passed out of committee without li- duced a report—a medical magazine in do this shouldn’t fall on the tele- ability protection, when we specifically England—that said 500,000 to 700,000 communications counsels— voted to keep that language in the Iraqis were killed by the American overall bill. military in Iraq. And ABC, CBS, and because they responded to the representa- Now, the main area of disagreement tions by Government officials at the highest our Democratic colleagues all raised levels that the program had been authorized is over this important question that cane that, unbelievably, we would kill by the President and determined to be lawful will be coming up, I understand, in the this many people. After the election and received requests, compulsions to carry amendment offered by Senator DODD, was over—and by the way, the guy who it out. Companies participated at great risk amendment No. 3907—and a Specter- wrote the report said he wanted to be of exposure and financial ruin for one reason, Whitehouse amendment that will allow sure it came out before the election— and one reason only: in order to help identify substitution—which will, in effect, we learned some things about it. terrorists and prevent follow-on terrorist at- allow litigation to continue against In a fabulous article in the National tacks. They should not be penalized for their telecom companies that responded to Journal, an unbiased magazine, they willingness to heed the call during a time of national emergency. the requests of the Attorney General of detailed the fraudulence of that arti- the United States, certified by the cle, and pointed out that even an Senator ROCKEFELLER said that. President. So our disagreement is antiwar group said, at most, it was The ranking member of the Judiciary whether we should provide these good 50,000, not 500,000 or 700,000. And where Committee who favors substitution has corporate citizens who cooperated with did they find out the money for the stated this, flat out: a formal written request by the Attor- Lancet article came from? George The telephone companies have acted as ney General of the United States, cer- Soros, and the MoveOn.Org crowd. The good citizens. tified by the duly-elected President of ‘‘blame America first’’ crowd. Well, I Certainly they have. In many in- the United States, to provide informa- don’t know who is actually funding stances, the Government must seek as- tion for a surveillance program imple- these lawsuits. We ought to ask some sistance from the private sector and mented shortly after the attacks on questions about it. Certainly there is private individuals to help protect our September 11—and at that point in no indication that anybody’s liberties national security and even local secu- time, we did not know how many ter- have been impacted adversely. rity in our communities. In order for rorist cells there were in the country If these suits are allowed to continue, this practice to continue, we must and what plans they may have had. we face a number of problems. The allow them to rely on assurances that Now, the nature of the program is sources and methods relied on by our the assistance they provide is not only highly classified, but after an uproar of intelligence community to conduct legal but essential to protect our na- complaints, the procedures were stud- surveillance are highly classified, and tional security without fear that they ied carefully by Congress, and we re- if these lawsuits are allowed to pro- will have their names dragged through

VerDate Aug 31 2005 01:17 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.047 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S699 the mud by protracted litigation initi- lash, but their international business The bottom line is, we do not need to ated by the ‘‘blame America first’’ partners will be pressured around the pass legislation that panders to the ex- crowd which subscribes to wild theories world. treme interest groups in America who about Government conspiracies to deny Under the limited liability protec- find fault in everything our people do, people their liberty. They are forget- tions incorporated in the Intel bill, our law enforcement and intelligence ting the safety of America, and they plaintiffs seeking to question the Gov- officers, and that fosters a fundamental are ignoring sound legal precedent. ernment will have their day in court as mistrust of those officials who are Some in this body sincerely believe it only protects good corporate citizens working daily to serve all of us. The that liability protection is not needed from civil suit. So the liability protec- burden should not fall on the shoulders if these companies did nothing wrong, tions in this bill do not preclude law- of good corporate citizens who are act- they say. Well, this is faulty reasoning suits against the Federal Government ing patriotically to help save lives and since either allowing the lawsuits to from going forward. In fact, there are protect our country. proceed or substituting the Govern- at least seven lawsuits currently pend- I urge my colleagues to vote to sup- ment will still force them to be a party ing against the Government that will port the Intel Committee bill, a care- to lawsuits that run the risk of expos- proceed against the Government or fully crafted, carefully studied, bipar- ing national security information or Government officials. This was accept- tisan bill. I also urge my colleagues to doing irreversible financial and ed by the Intelligence Committee. support the liability protections in the reputational damage to companies in- Some wanted to say you couldn’t sue Intelligence Committee legislation and nocent of any wrongdoing. We are put- the Government for these activities a vote against any amendments that ting these companies in harm’s way also, but the Intel Committee reached attempt to strip these provisions or in when they, bound by a sense of patriot- an agreement, an overwhelmingly bi- any way alter the carefully structured, ism and civic responsibility, partici- partisan agreement, that would allow limited provisions of the bill. pate in a government program that was those lawsuits to proceed. I thank the Chair and yield the floor. certified to be legal by the Attorney The companies that helped the Gov- The PRESIDING OFFICER. Who General of the United States and the ernment did so to help protect us from yields time? The Senator from Georgia is recog- President of the United States. further attack, and valuable informa- If the Government is substituted—in tion has been gathered with their help. nized. Mr. CHAMBLISS. Mr. President, I accordance with one of the theories I have been out to the National Secu- rise today to discuss Senate amend- that has been offered—in the place of a rity Agency. I have talked with the ment No. 3907 offered by Senators DODD particular company, it will most cer- people. I know they scrupulously fol- and FEINGOLD to the Intelligence Com- tainly assert the state secrets privi- low the rules we give them, and I know they have gained great, valuable infor- mittee’s FISA legislation. I com- lege, leaving, in effect, the company pliment my friend from Alabama for virtually impotent when it comes to mation through this program, and I know they lost very valuable informa- some very strong, very pointed re- mounting a defense and showing what marks on this issue as well as the other their legitimate actions were. Due to tion when the program had to be stopped. This information has saved issues he addressed. the nature of this state secrets privi- I am pleased the leaders of the Intel- undoubtedly countless American lives lege, a company will be forbidden from ligence Committee were able to come by enabling our intelligence commu- making their case and will be left with- up with an agreement on how to pro- nity to thwart attacks. out the ability to even confirm or deny ceed on this important legislation. I Some have said this amounts to am- their participation in the program. We look forward to the debate on many of nesty, but that couldn’t be further should applaud the actions of these these amendments. citizens, not stab them in the back by from the truth. Amnesty is an act of A couple of the amendments have suing them for their actions. forgiveness for criminal offenses, such been offered relating to title II of the To refresh everyone’s memory, the as granting citizenship to people who bill which provides immunity to those Intelligence Committee, after months broke the law to come into our country telecommunication carriers that cur- of negotiation in highly classified set- illegally. The companies were oper- rently face lawsuits for their alleged tings, rejected an amendment to strip ating under a certification of legality assistance to the Government after liability protection from the bill for in a time of national danger doing September 11 and their participation in these companies by a vote of 12 to 3. It what they could as Americans to follow what is known as the terrorist surveil- then passed the bill out in toto by a bi- the law and prevent future attacks. At lance program, or TSP. Senators DODD partisan vote of 13 to 2, protecting no point during their participation and FEINGOLD have offered an amend- these companies from lawsuits. were their actions illegal. For Heaven’s ment striking this section. Senators The Judiciary Committee, on the sake. To grant liability protection is to SPECTER and WHITEHOUSE have offered other hand, had one markup after less adhere to that great Anglo-American an amendment which would substitute than 2 weeks of reviewing the Intel- legal tradition for hundreds of years the Government as a defendant for the ligence Committee’s legislation, and that when called upon by a law officer, telecommunication providers currently rejected an amendment specifically with apparent legal authority, wearing being sued for their alleged support to that would have denied liability pro- a uniform, out on the street, a citizen the President’s TSP program. I do not tection by a vote of 12 to 7. So we voted is not to be held legally liable if, in re- support either of these amendments. not to allow them to be sued either. sponding to the officer, the officer was As a member of the Select Com- Furthermore, the Judiciary Committee wrong. That is all we are talking mittee on Intelligence, I had access to rejected an amendment to allow the about. That is a fundamental, histor- classified documents, intelligence, and Government to be substituted for the ical, legal principle. The only ques- legal memoranda, and heard testimony plaintiffs by a vote of 13 to 5. We re- tion—the legal question has always related to the President’s TSP pro- jected substitution too, although the been simply this: whether the citizen gram. After careful review, as stated in liability protections were ultimately was responding to a legitimate request the committee report accompanying removed from the bill the Judiciary by a government law officer, a police this legislation, the committee deter- Committee passed. officer to chase a bad guy. Was the cit- mined: Even if the Government is sub- izen acting reasonably in believing this That electronic communication service stituted, plaintiffs in litigation will was a legitimate law enforcement re- providers acted on a good faith belief that seek discovery, they will file deposi- quest and he was helping by being a the President’s program, and their assist- tions and ask for interrogatories and good citizen. That is the test. If he par- ance, was lawful. motions to produce. They will seek ticipated knowingly with somebody The committee reviewed the cor- trade secrets and highly classified acting illegally, then that citizen could respondence sent to the electronic technologies. Companies would still be liable. Certainly certification by the communications service providers stat- face many litigation burdens. They Attorney General and the President of ing that the activities requested were would be—we would be subjecting them the United States in written docu- authorized by the President and deter- to harm, not only from consumer back- ments suffices as a legitimate request. mined by the Attorney General to be

VerDate Aug 31 2005 01:17 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.048 S06FEPT1 smartinez on PRODPC61 with SENATE S700 CONGRESSIONAL RECORD — SENATE February 6, 2008 lawful, with the exception of one letter Some of my colleagues have com- many of my colleagues read yesterday, covering a period of less than 60 days in plained about access to the documents and that we are all reading repeatedly which the counsel to the President cer- regarding the President’s program. It around the United States, and that is tified the program’s lawfulness. The is true many Members of Congress have the rapid increase in the number of committee concluded that granting li- not had access, nor have they had an houses going into foreclosure. I want to ability relief to the telecommuni- opportunity to review these docu- address that in the context of the eco- cations providers was not only war- ments. There is a good reason for that. nomic stimulus package and in the ranted but required to maintain the These documents are highly classified context of a possible recessionary tend- regular assistance our intelligence and and represent details about intel- ency in the economy, and also from a law enforcement professionals seek ligence sources and methods. I worry historical perspective, in that we have from them. that expanding the number of people been down this road before, and suggest Although I believe the President’s who have access to these documents there is an action the Senate and the program was lawful and necessary, this will increase the likelihood that intel- Congress could take, and the White bill makes no such determination. This ligence will get leaked into the public. House could endorse, that could avoid is not a review or commentary on the It is more appropriate that the over- an awful lot of foreclosures, improve President’s program; rather, it is a sight committee review and report the housing market, reverse the ten- statement about how important this back to the Senate on the various in- dencies toward recession, and be a pri- assistance by the electronic commu- telligence activities of the United vate sector solution to a problem that nication providers is to our Govern- States. That is why the Senate has an is going to be a tremendous burden if ment. Intelligence Committee. As a member, we don’t act. I cannot understate the importance I am familiar with handling classified I understand the short-term surgical of this assistance—not only for intel- material and receiving classified brief- benefits of the stimulus that was ligence purposes but for law enforce- ings. I have made commitments to passed by the House, the other benefits ment purposes also. The Director of safeguard the information I learn be- that the Finance Committee passed. National Intelligence and the Attorney hind closed doors within the Intel- We will work ourselves through that in General stated: ligence Committee. Given the wide the next few weeks, and shortly there- Extending liability protection to such array of information I have heard on after the American people will more companies is imperative; failure to do so the Intelligence Committee, I question than likely be receiving a check of $300 could limit future cooperation by such com- the benefits a Member would gain from or more with which to infuse some en- panies and put critical intelligence oper- such a limited, yet specific, review of ations at risk. Moreover, litigation against ergy into the economy. But while that companies believed to have assisted the Gov- the operations of our intelligence com- is going on, these numbers of a 200-per- ernment risks the disclosure of highly classi- munity. Rather, I urge my colleagues cent and 300-percent increase of houses fied information regarding extremely sen- to support the determination of the In- going into foreclosures are going to sitive intelligence sources and methods. telligence Committee, which is charged materialize into houses in foreclosure. There is too much at stake for us to with regularly reviewing the intel- When we get into the second quarter strike title II and substitution is not ligence activities of the United States of this year and the middle of the sum- an acceptable alternative. This week, and oppose the amendments offered by mer, we are going to find ourselves in we have been alternating between leg- Senator DODD and Senator FEINGOLD. a difficult situation where the fol- islation geared to helping our tax- Providing our telecommunications car- lowing has happened: a tremendous payers and FISA. Yet substituting the riers with liability relief is the nec- number of houses foreclosed on, the Government in these lawsuits will essary and responsible action for Con- banks and lenders taking back inven- force the American taxpayer to front gress to take. The Government often tory—and there is a term called REO, the heavy legal bills associated with needs assistance from the private sec- real estate owned—and the regulators this legislation. tor in order to protect our national se- coming in, looking at their books and Substitution would allow these trials curity and, in return, they should be telling them to get rid of that inven- to continue and could risk exposure of able to rely on the Government’s assur- tory. The lenders are going to then classified sources and methods through ances that the assistance they provide write them down, take them to the the discovery process in the litigation. is lawful and necessary for our national marketplace with deep discounts, and As a defendant in these frivolous law- security. As a result of this assistance, sell them. suits, the Government may be required America’s telecommunications carriers Now what that is going to do to your to expose some of our most sensitive should not be subjected to costly legal homeowners Jim Weichert sells to in intelligence sources and methods. Let battles. New Jersey, mine in Georgia Harry me emphasize the committee already With that, I yield the floor and sug- Norman sells to, and those from all found that these communication pro- gest the absence of a quorum. around the country, is those people The PRESIDING OFFICER. The viders acted in good faith under asser- who are in houses making payments clerk will call the roll. tions from the highest levels of our and they are in good shape, their value Government that the program was law- The bill clerk proceeded to call the roll. is going to plummet because of the ful. If an individual alleges he or she Mr. ISAKSON. Mr. President, I ask number of foreclosures that is flooding has a claim due to this program, that unanimous consent that the order for the market. What happens is the eq- claim can be brought against the Gov- the quorum call be rescinded. uity, the difference between their ex- ernment and should not be brought The PRESIDING OFFICER. Without isting mortgage and the value of the against the providers. The Intelligence objection, it is so ordered. house, decreases because the value of Committee bill left open the option for Mr. ISAKSON. Mr. President, I ask the house goes down. If they are like 87 Americans to sue the Government. An unanimous consent that I be allowed to percent of the American people who aggrieved individual may sue the Gov- address the Senate as in morning busi- have an equity line of credit, where ernment and attempt to prove standing ness. they use the equity in their house as a and a cause of action. However, sub- The PRESIDING OFFICER. Without line of credit, if you will, their avail- stituting the Government doesn’t objection, it is so ordered. able credit is going to be squeezed. shield our American business partners ECONOMIC STIMULUS You know what is going to happen from these cases, nor does it relieve Mr. ISAKSON. Mr. President, we are then? They are going to stop spending. them of the liability to their stock- on a very important piece of legisla- When that happens, we will have the holders they may unjustly face and tion, and I thank Senator BOND for all full pressure of the economy in a down- which may be borne out in our econ- his hard work, and other members of ward spiral, and it begins to feed upon omy. Substitution only increases the the Intelligence Committee. I hope we itself. That is precisely what happened risk of leaks, and these potential rev- can very soon pass a good FISA bill on in 1975. elations only make our enemies better the floor. In 1973 and early 1974, there was a informed on the tools we have to con- I want to deviate from that debate great housing boom in the United duct electronic surveillance. for a second to talk about a headline States, like we have had over most of

VerDate Aug 31 2005 01:17 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.049 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S701 the last decade. And like what hap- make a living to educate my three good times, but again paychecks for pened over most of the last decade with children, and I saw my Government most working families have not kept subprime loans and underwriting, back come to the rescue of the housing econ- up. In fact, they have been flat. in 1974, money got awfully loose. Banks omy through energizing people to go in With prices accelerating, wages flat, made loans with very little under- and purchase houses that were in trou- and a huge gap in the capacity of mid- writing criteria, and we had a plethora ble, rather than bail them out some- dle-income working Americans to keep of new homes built all over the United where down the line, and it worked. up and try to get ahead, the subprime States by newfound homebuilders who The cost to the Government was infini- crisis is real. This housing crisis is hav- had a hammer, a pickup truck, and tesimal, yet the benefit to the public ing huge and devastating effects. Two easy credit. We found ourselves at the was astronomical. years ago, most of our constituents, beginning of 1975 with a 3-year supply I hope, as we finish talking about a the vast majority of them, were sitting of vacant housing on the market in the surgical, strategic, short-term stim- around the table thinking: Well, when United States. A viable real estate ulus to get the consumer buying, which my daughter is ready to go to college market is a 6-month supply. So you is what we are talking about in terms in 2008, we will go ahead and borrow had six times the volume of houses of either the Senate Finance Com- from the house to provide the extra in- that would be considered a balanced mittee bill or the House bill, we take a come she will need to go ahead and market, and we went into a deep reces- look at what is coming. Because, be- make it through college. A lot of those sionary spiral. lieve me, in July of this year, if we do families now are recognizing they can’t A Democratic Congress and a Repub- nothing, we are going to be dealing do that. They are more concerned lican President passed a $6,000 tax cred- with a housing supply in this country about a health care incident, because, it available to any family who pur- bigger than it has ever been, with va- unlike a few months ago, there is no chased a standing vacant house in in- cant houses by the thousands in neigh- reservoir in the value of their house to ventory, and that allowed them to col- borhoods, declining values on the value cushion the blow of unexpected ex- lect that credit over 3 years—the 3 suc- of housing, and people who are in good penses. ceeding tax years after the year of shape are not going to be able to either So this housing crisis, together with their purchase. The only thing they have their equity line of credit work or this wage stagnation, together with in- had to do, other than qualify for their be able to move their house in the mar- creased prices for energy and health loan, and qualify under good qualifying ketplace because of the tremendous in- care and education, and so many other standards, is they had to occupy the ventory available. things, is putting middle-class Ameri- home as their residence. In a 1-year pe- History is a great teacher both in cans in a vise and squeezing them. riod of time, we absorbed a 2-year sup- terms of things you should never re- We have to do much better. The ply of housing and returned the hous- peat but also in terms of things that Joint Economic Committee and others ing market to balance and the econ- work and you should repeat again. I have estimated some of the costs al- omy stabilized. Although we had the would submit the tax credit to quali- ready in terms of this mortgage-related impacts of the oil embargo, which was fied individuals to purchase and occupy foreclosure crisis. In my home State, causing problems with inflation, the a troubled house in this economy is an they think $670 million will be lost to economy returned to a relatively sta- incentive that worked not only for the the family incomes of Rhode Island ble time period. betterment of the market but for the from 2007 through the end of 2009. I, along with a number of Members of betterment of our economy and in the These economic conditions are being the Senate, have introduced legisla- best interest of the United States. Sen- felt across the country. They are not tion—Senate bill 2566—which takes ate bill 2566 is an opportunity for us to localized warnings. The weakness in that model from 1975 and applies it to join together to do something good and housing has spread to all parts of our our problem in 2008. What it very sim- right for the American people. Nation and across our economy. ply does is, it offers a tax credit of Mr. President, I yield the floor. Growth in the fourth quarter of last $15,000 for the purchase of any house The PRESIDING OFFICER. The Sen- year was .6 percent compared to a 4.9- that falls in the following category: a ator from Rhode Island. percent increase in the third quarter. new house permitted before September Mr. REED. Mr. President, I ask unan- We are slowing down, moving into a 1 of last year that is standing and va- imous consent to speak as in morning recession. Yesterday the market, Wall cant; a house owned by a lender that business. Street, went down over 300 points, was foreclosed on in the last 12 months The PRESIDING OFFICER. Without largely due to a very weak report of a from an owner occupant; and any house objection, it is so ordered. survey on the service sector. We have pending foreclosure owned by an owner ECONOMIC STIMULUS known for many months now that the occupant who is willing to sell. That is Mr. REED. Mr. President, across the manufacturing economy was having where all this inventory that is begin- Nation, millions of Americans are difficult times, but the service sector ning to flood our market comes from. struggling to make ends meet as our was holding up a bit. The tax credit would be available if the economy has slowed dramatically. In Yesterday, there was a chilling indi- purchase was made between March 1 of December, I spoke on this floor about cation the service sector has also con- this year and February 28 of next year. how President Bush has presided over a tracted. The market took the news So there is a 1-year window to period of divided prosperity in the very badly. The market also took the incentivize those who may be reluctant United States, where a privileged few news very badly a few days ago, when to go in the marketplace to do so. have done remarkably well but the rest we showed a loss of 17,000 jobs, the first The Joint Tax Committee has scored of us have been trying to get by. For time we have actually lost jobs in more this, and guess what the score is—$9.1 most working people, the trademark of than 4 years. billion over 5 years. Put that in the the Bush administration and their Again, the administration’s perform- context of the stimulus package that is economy is wage stagnation. Indeed, in ance in terms of creating jobs has been before us of $150 billion to $160 billion. my home State, real median wages less than stellar, barely keeping up It is a relatively small inducement to have not increased since 2000. with the new entrants into the labor provide a private sector solution to Rhode Islanders are coping not only market on a monthly basis. Now, for what is about to become a huge burden with flat wages but increasing prices in the first time in more than 4 years, we to the taxpayers of the United States critical commodities they must con- have lost jobs. and this Government. sume. Energy, education, and health Furthermore, the average length of I come to the floor at this time in care have all gone up. In January, in unemployment is increasing from 16.6 hopes that some of our colleagues who Rhode Island, gas was $3.11 cents a gal- weeks in December to 17.5 weeks in have not found an interest in this legis- lon; heating oil costs in the Northeast January. More people are losing jobs lation yet will take a look at it. As the are projected to be at least $2,000 this and it is harder to find a new job. author, it is not original thought. I year, which is about a $400 increase Yesterday, the Federal Reserve re- happened to have been a real estate from last year. These price increases leased a survey of senior bank loan of- broker in 1975 trying to hang on and would be difficult to manage even in ficers who indicated that the credit

VerDate Aug 31 2005 02:57 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.033 S06FEPT1 smartinez on PRODPC61 with SENATE S702 CONGRESSIONAL RECORD — SENATE February 6, 2008 crunch is spreading from consumer move now so we do not see unemploy- people are figuring things out. They loans into the commercial and indus- ment rates climb, so we do not see the are thinking, first of all, they probably trial loan sectors and that foreign duration of unemployment continue to need to take off sending their first born banks are tightening their lending grow, so that we give Americans a real or their second or third child to the ex- terms, in fact, even more so than some chance to get back to work; and if they pensive school; that may be off the U.S. financial institutions. are not back to work, then at least we table for a few years. But they are also Taken together, it clearly shows Wall provide something to sustain them in talking very basically about which Street is going into what one analyst these difficult moments. bills to pay this month? Do we pay our called a recession panic mode and In Rhode Island, my home State, we mortgage? Do we pay the energy bill? many economists are seeing signs that have reached a very high unemploy- Do we pay the credit cards which we weaknesses in our economy are spread- ment rate, 5.5 percent. Many other are using to buy food at the super- ing internationally. In fact, one invest- States are creeping up there too. We market these days? ment banker today, in a speech re- should, I think, move quickly, move I mean, these are the debates Amer- ported on the Internet, suggested that decisively and support the Senate Fi- ican families are having. They are not in the credit markets fear has over- nance package. talking in terms that we are here, such taken greed, creating a situation of We are also beginning to see that un- as what is the best macroeconomic pol- near panic in many respects. employment insurance provides a very icy or how we can delay these expendi- So there is no doubt we have to act good return on the investment. Mark tures, they are talking in terms of a quickly on this stimulus package, not Zandi, the economist I mentioned be- real crisis in the family. We have to re- only to inject needed spending power fore, indicated that for every dollar the spond. One way we can respond quite into the economy to try to revive our Government spends on unemployment clearly is with this LIHEAP money be- consumer sector but also to signal to insurance, it adds $1.64 to the national cause that will go to one of their major the American public we will act deci- GDP. In other words, it leverages the concerns: How do we keep the heat on sively to try to moderate, if not head investments we are making. in the Northeast for the next several off, the effects of a pending recession. So contrary to what some have weeks and month; and in the South- We have, I think, a lot to be grateful talked about as excessive spending, west, in anticipation of the grueling for in the work of Senator BAUCUS and this is exactly the targeted, temporary, temperatures down there in the sum- Majority Leader REID and Senator timely spending that will accelerate, mertime, too. This additional money GRASSLEY in terms of taking a House not decelerate, the economy. will provide an advance payment on proposal and increasing it with impor- The stimulative effects of unemploy- cooling problems in the Southeast and tant provisions, such as expanding the ment insurance will get more money the South, parts of the country that eligibility criteria for income tax re- into the hands of people who will spend will soon encounter warm tempera- bates, including 20 million seniors and it right away in their local commu- tures, not cold temperatures, which 250,000 disabled veterans. nities, which is generally the whole cause their energy costs to rise. The package we are considering also purpose of our stimulus approach. Again, these are the households who includes $10 billion for a temporary ex- Moreover, providing these benefits to need LIHEAP. And so we know we have tension of unemployment insurance these individuals will give them not a program that works in LIHEAP. If we and $1 billion of emergency funding for just some dollars but a sense, I hope, of can deliver additional resources, it will the Low-Income Home Energy Assist- hope, that their Government is re- get to the families who need it, par- ance Program, the LIHEAP program. sponding to their concerns and that we ticularly seniors, it will get out imme- Both of these initiatives are targeted will respond in the future, if necessary. diately. It will add to the stimulus ef- to families, seniors and low-income Making the long-term unemployed fect because as the economists—both households, and they would help jump- eligible for a temporary extension of Mr. Blinder and Mr. Zandi—pointed start the economy. an additional 13 weeks at this time also out, it will leverage our investment in Economists agree these programs makes good sense and is the right the economy. among others are a good use of tax- thing to do. Two weeks ago, I wrote a So with the escalating costs for en- payer money. Last week before the letter to the majority and Republican ergy I would urge my colleagues that Budget Committee, Alan Blinder from leaders asking that they include unem- we go ahead and accept this amend- Princeton University and Mark Zandi ployment insurance in the stimulus ment, particularly the funds for of Moody’s Economy.com both rec- package, and 26 other Senators joined LIHEAP. I urge us all to support the ommended that unemployment insur- me. Senate Finance Committee package, a ance and LIHEAP be included in the Senators DURBIN and KENNEDY have package that provides for greater cov- stimulus package. They also included long led the fight on this issue. I com- erage to seniors and disabled American other elements, but at least these ele- mend them for their efforts. I hope un- veterans and also provides unemploy- ments are part of the list they feel will employment insurance is part of the ment insurance for those who des- provide a bang for the bucks we are final package we are able to vote out of perately need it and heating assistance going to invest in the economy. this body. for, again, the families who desperately They meet the three T test—timely, Now, there is another aspect of the need it. targeted, and temporary. package we will consider later today, I I hope that today, not only good Now, Friday’s disappointing jobs re- hope; that is the LIHEAP support. We sense, good economic sense, but a sense port showed that the ranks of the un- have seen a huge increase in energy of our obligations to the most vulner- employed are unfortunately growing. costs. On average, Americans are able in this country will persuade us to Nonfarm payrolls actually decreased, spending about 11 percent more to heat support this package strongly. as I said, by 17,000 workers last month. their homes this winter. For Rhode Is- The Senator from Texas. In fact, even President Bush acknowl- landers who rely on heating oil, that is Mrs. HUTCHISON. Mr. President, I edged ‘‘troubling signs in the econ- about 39 percent higher than last year ask unanimous consent to speak for up omy.’’ in terms of their heating oil expenses. to 10 minutes and then for Senator So given these facts, I was surprised We know that the timely, targeted, CRAPO to have up to 10 amendments to to hear Treasury Secretary Paulson and temporary aspects of stimulus speak on the FISA bill. say yesterday, in testimony before the have to be met. LIHEAP will do this. It The PRESIDING OFFICER. Is there Finance Committee, that he does not is timely because it will be delivered objection? support including unemployment bene- very quickly. We have a delivery mech- Mr. BOND. Mr. President, reserving fits in the stimulus package because anism in place. It is also something the right to object, I think our col- national unemployment is only 4.9 per- that will fund families, low-income league is going to speak in morning cent, which is not historically high. families, who desperately need this business. But I will be happy to yield What we want to do is take preemp- money. to the Senator from Texas. tive action to prevent the situation I do not have to belabor the point The PRESIDING OFFICER. Is there from further deterioration. We want to that today, around the kitchen table, objection?

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Now we have the poten- done a very good job on a bipartisan ator from Texas for 10 minutes on the tial for catastrophic liability from a basis to assure that we continue to pro- bill, the Senator from Idaho for morn- number of lawsuits, and some of my tect our intelligence capabilities and ing business, and then go to a Member colleagues want the country to turn to shield the companies necessary to on the majority side of the aisle. away from providing protection for gathering intelligence information I believe there is a consensus devel- these companies. We will not allow from unfounded lawsuits. oping for the unanimous consent re- these companies the freedom to pro- I hope my colleagues will vote for the quest I have proposed. vide the evidence in court because the bill the Intelligence Committee pro- The PRESIDING OFFICER. Would intelligence community says the evi- duced. Protecting the American people the Senator repeat his unanimous con- dence is too sensitive to be allowed in is our ultimate responsibility. This bill sent request. court. We put the telecommunications is absolutely essential for that respon- Mr. BOND. Ten minutes to the Sen- companies in a situation in which they sibility to be implemented. We must ator from Texas on the FISA bill, 10 cooperate. They are sued. But they protect the American people. We must minutes in morning business for the don’t have the ability to defend them- protect the companies that have helped Senator from Idaho, and then a mem- selves in court because they cannot our law enforcement and intelligence- ber of the majority side will be recog- produce the evidence. It is untenable, gathering agencies. We must make sure nized for whatever he or she wishes to and I hope we will reject such an we proceed with a vision of foreign sur- do. amendment. veillance that would protect the Amer- The PRESIDING OFFICER. Without There is another amendment that ican people from future attack. objection, it is so ordered. would allow the Government to be sub- It is not an accident that we have not The Senator from Texas is recog- stituted for the telecommunications been attacked since 9/11. All of us know nized. companies as the defendant when they that our country was not prepared for Mrs. HUTCHISON. Mr. President, I are sued. The problem with this amend- this kind of warfare. But our country’s do rise to speak on the FISA bill, ment is that the companies would still eyes have been opened. We have been a which I certainly support, and also to have to spend thousands of hours and sleeping giant in many ways, as was oppose some of the amendments that millions of dollars on these lawsuits. said about us before World War II. But will be coming forward. They would have to subject their em- we have now been awakened, and we I hope very much that we will be able ployees to depositions. They would are going to take the measures nec- to start voting on amendments, be- need to participate in evidence gath- essary within the framework of our cause we now have an agreement for ering and the discovery process, which Constitution, which this bill provides, voting on amendments, and I hope we will drain their resources in an unnec- to assure that we protect the American can clear the FISA bill in due course essary lawsuit in which they would be people from future attack. and in short order. It is important be- peripheral. I yield the floor. cause there is a deadline. There is yet another amendment that The ACTING PRESIDENT pro tem- We are going to see the capability for would grant the immunity after review pore. Under the previous order, the our law enforcement officials and our by the FISA Court. While certainly Senator from Idaho is recognized for 10 intelligence officials, to monitor calls well intentioned, there are some prob- minutes as in morning business. between known terrorists and sus- lems with giving this to a court that SECURE RURAL SCHOOLS AND COMMUNITY SELF- pected terrorists, whether it is into our doesn’t have the capability to process DETERMINATION ACT country, or out of our country from this kind of request. They don’t have Mr. CRAPO. I thank the Senator foreign countries, we need to have this statutory procedures. They don’t have from Texas and my colleagues on both capability continue. the administrative capacity to receive sides for allowing me this few minutes We have it right now. The Senate witnesses, to hear evidence, or to carry to have a break in the debate on the passed a good bill about 6 months ago. out the major provisions of the amend- FISA bill to discuss a very important It has now been extended. But we do ment. issue to the people of Idaho and, frank- have a deadline, and the deadline is on Furthermore, it is unclear that there ly, to the people in rural communities us in the middle of this month. So we is appellate authority from the immu- throughout the country. I rise to talk do need to pass this bill. We need to nity related rulings of the FISA Court about the need to reauthorize the Se- make sure the technology of the day is this amendment creates. The FISA cure Rural Schools and Communities covered by the foreign intelligence sur- Court has operated in secret and has Self-Determination Act of 2000 and to veillance act and subject to the secu- been more of an administrative court fully fund the payments in lieu of rity needs of our country. processing warrants. So this would put taxes, or the PILT payments, which we There are amendments that would the court in a whole new administra- call them in Congress. I encourage my take away the immunity for tele- tive mode for which there are no prece- colleagues to make this overdue exten- communications companies that alleg- dent or appropriate regulations. There sion and funding a top priority for Con- edly cooperated with intelligence offi- does not appear to be an appellate gress in the coming days. cials. process from the FISA Court once it This year marks the 100-year anni- One amendment, No. 3907, would strip decides whether or not to grant a com- versary of the passage of the act re- the immunity from the bill completely. pany immunity. quiring the U.S. Forest Service to re- The Intelligence Committee is the key I respect the work of my colleagues. turn 25 percent of its gross receipts to committee that has looked at all of the They are trying to find good-faith com- the States to assist counties that are information and assessed the need for promises. However, I put my faith in home to our national forests and other the ability to survey known terrorists the Intelligence Committee. This is a Federal lands with school and road and suspected terrorist helpers in our committee that passed this bill, with services. This program was put into country and in foreign countries. It is immunity provisions in it, out of com- place to compensate local governments important that we allow our intel- mittee by a vote of 13 to 2. It was bi- for the tax-exempt status of national ligence agents to go to telecommuni- partisan. This is the committee that forests which we all enjoy. Otherwise, cations companies and get the help had the hearings, heard all of the evi- many rural communities that neighbor they need to do this kind of surveil- dence, and knows more about the proc- these beautiful national treasures are lance. Amendment No. 3907 would take esses than people who are not on the unable to fully meet the school and away immunization for companies that committee. They have spent a consid- road needs of their communities. may have cooperated with government erable amount of time reviewing the One hundred years ago, the impact of requests. materials in these cases, including the large Federal forest reserves on neigh- The telecommunications companies Government’s legal justifications for boring local economies was discussed allegedly assisted the intelligence com- the program. We need to respect the and debated on the floor of the Senate, munity because of the need to assure judgment and expertise of our commit- as former Idaho Senators Weldon B.

VerDate Aug 31 2005 01:17 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.052 S06FEPT1 smartinez on PRODPC61 with SENATE S704 CONGRESSIONAL RECORD — SENATE February 6, 2008 Hayburn and William Edgar Borah In March of 2007, the Senate over- responsibility to the States worn away. joined their Senate colleagues in de- whelmingly passed an amendment It is my hope that others will join me bating this issue which remains an which I cosponsored to the fiscal year in working to meet this Federal re- issue today. However, the unfortunate 2007 emergency supplemental appro- sponsibility by reauthorizing the Se- reality of today is that in recent years, priations act to reauthorize county cure Rural Schools Act and providing timber receipts have eroded to the payments for 5 years with offsets. How- the full funding for PILT. This must be point that the Federal obligation to ever, this language was replaced with a achieved in a timely manner that pre- our local communities is simply not 1-year extension, with the final pay- vents the cutoff of needed services in being met. The receipts are not ade- ments made at the end of December rural communities nationwide and pro- quate for the needs of the communities 2007. vides some long-term certainty to and have been dropping off dramati- In December last year, Senators those rural communities. cally. Congress has acted in recogni- MCCASKILL, CRAIG, SMITH, DOLE, MUR- Mr. President, I yield the floor. tion of this to ensure that communities KOWSKI, STEVENS, and BENNETT joined The ACTING PRESIDENT pro tem- have the necessary assistance. me in urging the Senate leadership to pore. The Senator from West Virginia. In the year 2000, I joined with my col- attach a reauthorization of county Mr. ROCKEFELLER. Mr. President, I leagues, Senators LARRY CRAIG, RON payments and PILT funding to any leg- ask that I be given unanimous consent WYDEN, GORDON SMITH of Oregon, and islative vehicles expected to be enacted to speak on the underlying bill. many others to support and secure en- before Congress concluded its work last actment of the Secure Rural Schools year. Unfortunately, the reauthoriza- The ACTING PRESIDENT pro tem- and Communities Self-Determination tion was attached only to the energy pore. Without objection, the Senator is Act of 2000. This law provided the nec- package which also would have in- recognized. essary assistance known as county creased taxes on domestic oil and gas Mr. ROCKEFELLER. Mr. President, I payments to communities where reg- producers to pay for incentives for re- say to the Presiding Officer that far ular Forest Service and Bureau of Land newable power, energy efficiency, elec- and away the most contentious issue in Management receipts-sharing pay- tric vehicles, and other technologies. this FISA debate is whether private ments had declined so significantly. I support incentives for alternative companies that assisted the Govern- The assistance has prevented the loss energy resources and the extension of ment in implementing the President’s of essential school and road infrastruc- county payments, but I am opposed to warrantless surveillance program ture needs in our local rural commu- paying for those incentives by increas- should be provided liability protection. nities. The law also enabled very sig- ing taxes on our domestic oil and gas Three amendments will be offered nificant forest improvement projects. production. We are facing real and in- that relate directly to this issue. The best solutions to natural re- creasing constraints on our energy sup- First, Senators DODD and FEINGOLD source challenges are achieved through ply, resulting in higher energy costs have an amendment that would strike local collaboration, and the more than daily. We simply cannot meet those all of title II of the underlying bill— 70 Resource Advisory Committees—or needs by decreasing conventional en- that is, S. 2248—on liability protection RACs, as we call them—provided for in ergy production in the United States, as reported by the Intelligence Com- this law have created valuable partner- which would further our dependency on mittee. ships in carrying out projects to ad- foreign energy supplies and dramati- Second, Senator SPECTER will offer dress a wide variety of improvements cally increase the cost for gasoline and an amendment—I think at 3:30—that on public lands. These projects include electricity. This would negatively im- provides for a different remedy; name- habitat and watershed restoration, re- pact communities across the Nation, ly, the substitution of the U.S. Govern- forestation, fuels reduction, road main- not just the rural communities we are ment itself for the carriers in the law- tenance, campground and trail en- seeking to help. suits that have been filed against the hancements, and noxious weed eradi- We need to again turn our attention carriers. cation. At a time when increased pub- to focusing on the reauthorization of Third, Senator FEINSTEIN has pre- lic demands are being placed on our the Secure Rural Schools legislation pared an amendment that would keep Nation’s natural resources, the RACs and increasing and achieving full and the basic structure of title II—to wit, have provided the necessary coopera- adequate PILT funding. It is unfortu- liability immunity—but would have tion to help resolve natural resource nate that the county payments exten- the courts, rather than the Congress, challenges throughout these local rural sion was dropped from the enacted En- determine whether carriers relied in communities. ergy bill and was not included in other good faith on the representation made Additionally, payments in lieu of legislative vehicles before the end of to them by the executive branch of our taxes, known as PILT payments, have last year. However, today is another National Government. augmented county payments to provide day. As we embark on the second ses- local governments with the means of sion of this Congress, we have every op- I will address the particulars of each offsetting a part of the tax revenues portunity to work together to extend amendment as it is offered, but first I they lose because of the tax-exempt and fund county payments and fully would like to describe the background status of these Federal lands in their pay for PILT payments for students in behind the Intelligence Committee’s jurisdictions. PILT payments have sup- rural areas. We must do this to prevent approach to this whole issue of immu- ported community services such as the closure of numerous isolated nity. firefighting and police protection in schools and to enable rural county road Critics have suggested that providing rural communities. Through PILT, the districts to address severe maintenance liability protection for telecommuni- Federal Government partners with backlogs. cations companies is akin to congres- counties to provide public lands the Time is of the essence for many rural sional endorsement of the President’s stewardship and community services communities across the Nation, and warrantless surveillance program. I un- they need. Unfortunately, PILT fund- this important legislation impacts mil- derstand the passion stirred by this ing is also not meeting this obligation, lions of students and their families in issue. Rather than consulting with and we need to work together in Con- more than 4,000 school districts and Congress or the courts, the President gress to achieve full and adequate more than 7,000 counties. I am hearing created a secret surveillance program— PILT funding. from Idaho communities that, absent no question about that—based on very I am proud of the largely bipartisan an extension, personnel layoffs as a re- dubious legal reasoning. That was un- effort in the 110th Congress to extend sult of program closures are expected necessary, that was unwise, that the Secure Rural Schools and Commu- soon. Communities in more than 40 would, therefore, cause passions and nity Self-Determination Act and to States are facing similar pressures. suspicions. fully fund PILT. Progress has been Just as the economic impact of Fed- But anger over the President’s pro- made but more needs to be done to eral land ownership on neighboring gram should not prevent us as a delib- achieve the Federal Government’s rural communities has not been worn erative body from addressing the real commitment to these communities. away by time, neither has this Nation’s problems the President has created.

VerDate Aug 31 2005 01:17 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.053 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S705 Because of the lawsuits over the pro- are losing. They are being criticized. the companies’ alleged provision of as- gram and the damage to the tele- They are being sued. It is costly. It sistance and information to the intel- communications companies’ reputa- takes away from their energy to carry ligence community. The suits are tions, companies that were once will- out their other missions. It is not a sit- based—many of them—on media re- ing to help the Government, based on uation in which a whole bunch of peo- ports about all sorts of intelligence ac- assurances of legality from the highest ple are sitting around in these cor- tivities. Many of them are not limited levels of Government, may now be porate headquarters discussing this, to the warrantless surveillance pro- questioning that assistance. because only a very few people are al- gram disclosed by the President. That Let’s reflect on that for a moment. lowed to know, and they have criminal is ironic, but it is a heavy burden for These are corporations. They have no sanctions against them if they tell the companies. If suits are brought names at the present time. They have anybody, should they have received that have nothing to do with the to make money. The Government any of these instructions from the Gov- warrantless surveillance program dis- comes to them, as they have in the ernment. closed by the President, they are out of past on much smaller matters, and So we are not talking about people order. But, as I will proceed to explain, with the authority of the President here trying to undo the safety of the the companies can never explain to a saying, this is in the national interest; United States or to gain some kind of court that they are out of order. Al- with the legal advice of the Attorney advantage for themselves. If this intel- though these suits involve different General saying, this is legal; and then ligence collection stops, I say to the types of legal claims that are in vary- the Director of the National Security Presiding Officer, we will be in a very ing stages of litigation, they share a Agency sending out letters that say, we sorry situation. I do not know how to common reality: that the Government require you, we compel you, we request say that more sincerely, more deeply has refused to publicly reveal the clas- to you—or other words—that you co- felt, more based upon exhaustive study, sified documents and information that operate with us. including numerous meetings in com- would allow them to proceed. People say: Well, they cooperated. Of mittee with these folks and other The current fight in the courts is, course they cooperated right after 9/11. meetings outside. therefore, not about whether damages I think anybody who is in the intel- So they have been told it is legal, and should be awarded, whether the under- ligence business understands what I am by the National Security Agency Di- lying program is legal or even whether saying. There is no difference between rector they have been required, com- any company participated in the Presi- the day after 9/11 and this day in terms pelled, and in other words, some of dent’s program in good faith. Instead, of the threat to our country or those which are quite strong, to do it. So the parties are fighting about access to who are planning, plotting to do us they do start to do it, and they are classified information about the Presi- harm. paying one heck of a price for it. dent’s program. I have not heard that The fact that no attacks have hap- What price are we paying? We are much discussed in this Chamber. This pened does not excuse the sense of re- paying no price because they are still litigation could continue for years laxation on the whole subject—perhaps doing it. What price might we pay without a court ever addressing the un- the congressional sense of relaxation should they stop—because they are cor- derlying issues about the legality of on the whole subject. We need to con- porations, and they are responsible to the program. We seek wrongdoing tinue this intelligence collection. their shareholders—if they should stop whether, as some say, it is in the cor- What is it, I am wondering, that the this type of activity? The price we porate boardroom or, as others would telecommunications companies get would pay would be overwhelming. say—as I would say—in the halls of from this? What prestige? What large Without the cooperation and assistance Government. amount of money? What praise? What of private companies—not compliance I stress the point: No court is likely do they get from this? Do they get forced by a court but true coopera- to resolve the question of whether the good public relations? No. They get 40 tion—this country’s law enforcement President or any private company vio- lawsuits, most of which are not based and intelligence agencies cannot ob- lated the law in the near future. on anything to do with the TSP pro- tain the information they need to pro- Some of my colleagues have argued gram. In other words, they are picked tect this country. It is a fairly heavy that without these lawsuits, the public out of newspapers. People are dissatis- statement to make. I chair the com- will never learn the details about the fied, and class action suits arise. mittee. I am not naive on these mat- President’s program. But litigation is So maybe they have been sued $10 ters. I make that statement again. highly unlikely to tell the story of billion. Maybe they have been sued $40 Without the cooperation and assistance what happened with the President’s billion. We will not speculate on that of private companies, this country’s program. Too many of these facts deal- at the present time. But in that they law enforcement and intelligence agen- ing with intelligence sources and meth- are corporations and in that they have cies cannot obtain the information ods remain appropriately classified, no reward at all for doing this service they need to protect this country. and the executive branch is highly un- for their country—which we call patri- Making the question of liability pro- likely to agree to declassify additional otism, and then cast that aside because tection a proxy for disagreement with information if it could affect the ongo- that must mask some evil intent—they the President’s program is, therefore, ing litigation. go ahead and they do it. Then, since shortsighted, in this Senator’s view, ig- Thus, the litigation is unlikely to re- they are corporations, their share- noring the reality that the Nation and sult in a ruling in the near future holders get extremely unhappy about future Presidents will depend on the about the legality of the conduct of the it, which could be happening at the assistance of these same companies for President nor any private company, present time, and then they decide that years to come. nor, for that matter, the public disclo- maybe they will be less willing to do In analyzing the question of liability sure of any additional information this. Several have done that. Several at protection, the Intelligence Committee about the President’s program. In- the beginning did that. sought to weigh these very real con- stead, it is possible the cases, as I indi- Now, corporations are in business cerns about future intelligence collec- cated, will continue for years as the also to make a profit. The corporations tion against the possible outcome of courts debate whether information that are involved in this are doing lawsuits. We discussed it at length. Un- must be disclosed. nothing but losing prestige, losing rep- derstanding this issue requires some In the meantime, however, as I men- utation, have angry shareholders. And background on the lawsuits that have tioned, the litigation poses a serious I ask myself, what is it they get out of been filed. risk to U.S. intelligence collection. doing this, because people, particularly Currently, providers are subject to That is my job and that is the job of on my side of the aisle, are sometimes approximately, as I indicated, 40 civil the committee I chair and the job of inclined to be suspicious of corpora- lawsuits, some of which are class ac- the chairman of the Intelligence Com- tions, that they have some kind of a tions, which seek billions of dollars of mittee in the House. We are not about purpose behind all of this. Nothing damages—and I have given you a being courts, we are about trying to could be further from the truth. They range—for privacy violations based on balance civil liberties as best as we can

VerDate Aug 31 2005 01:17 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.055 S06FEPT1 smartinez on PRODPC61 with SENATE S706 CONGRESSIONAL RECORD — SENATE February 6, 2008 with the ability of this country to col- the Attorney General and has been de- present amendment be set aside in lect an entirely different kind of intel- clared essential for the national inter- order for me to call up amendment No. ligence that we were so busy doing re- est by the President, should they in- 3910 on FISA exclusivity. cently in the Cold War era. Without stead say: Oh, well, we don’t care about The PRESIDING OFFICER. Without the assistance of telecommunications that. That is not our business. We are objection, it is so ordered. providers, our intelligence community not going to do that. The clerk will report. simply cannot obtain the intelligence And isn’t it reasonable to assume The assistant legislative clerk read it needs. that a U.S. citizen who has been told as follows: Is that a serious statement? Do Mem- the Attorney General has found their The Senator from California [Mrs. FEIN- bers of the Senate concern themselves cooperation to be lawful is acting in STEIN], for herself, Mr. ROCKEFELLER, Mr. with that? Is this just me, this Sen- good faith? If they have been through LEAHY, Mr. NELSON of Florida, Mr. ator, standing up making a statement this process and they proceed to act on WHITEHOUSE, Mr. WYDEN, Mr. HAGEL, Mr. trying to win some votes? Or is there it, why is it so easy to stipulate they MENENDEZ, Ms. SNOWE, and Mr. SPECTER, proposes an amendment numbered 3910. the possibility it could be true? If there are not acting in good faith? How does is a possibility—and I think it is a one show that? How does one imagine Mrs. FEINSTEIN. Mr. President, I probability it is true—then I don’t un- that? ask unanimous consent that reading of derstand why people can be confused on I have been through this, this whole the amendment be dispensed with. this subject because I think the choices question of what the companies get The ACTING PRESIDENT pro tem- are clear. Allowing companies to be from it, and it is the thing that bothers pore. Without objection, it is so or- dragged through the court system be- me so much. They get nothing but dered. The amendment is as follows: cause of their alleged cooperation with grief. They get suits. They get costs. the Government encourages them not They get a diminished reputation. (Purpose: To provide a statement of the ex- They begin to pull away. Their share- clusive means by which electronic surveil- to cooperate with any request, even lance and interception of certain commu- those that are clearly legal without holders lose confidence. Do they get nications may be conducted) money? No. They get nothing. So why court compulsion. It also sends a mes- Strike section 102, and insert the fol- sage to all private companies: cooper- would they want to continue to cooper- lowing: ate with the U.S. Government at your ate would be my question. SEC. 102. STATEMENT OF EXCLUSIVE MEANS BY peril. Is that a bit of an overstatement? The answer to these questions are at WHICH ELECTRONIC SURVEILLANCE In the corporate boardrooms around the heart of the Intelligence Commit- AND INTERCEPTION OF CERTAIN this country, my guess is that is the tee’s determination that it is essential COMMUNICATIONS MAY BE CON- that Congress protect private compa- DUCTED. discussion. Very few corporations have (a) STATEMENT OF EXCLUSIVE MEANS.— the capacity to help the Government in nies that assisted the Government Title I of the Foreign Intelligence Surveil- the way telecommunications compa- after the terrorist acts of 9/11. lance Act of 1978 (50 U.S.C. 1801 et seq.) is nies do. Mr. President, I will complete this amended by adding at the end the following Discouraging private sector coopera- part of my presentation and yield the new section: tion with the Federal Government is floor. I suggest the absence of a ‘‘STATEMENT OF EXCLUSIVE MEANS BY WHICH not, in the feeling of this Senator, the quorum. ELECTRONIC SURVEILLANCE AND INTERCEP- right long-term result for either the in- The ACTING PRESIDENT pro tem- TION OF CERTAIN COMMUNICATIONS MAY BE telligence community or the American pore. The clerk will call the roll. CONDUCTED people. The assistant legislative clerk pro- ‘‘SEC. 112. (a) Except as provided in sub- Many have argued that providers who ceeded to call the roll. section (b), the procedures of chapters 119, act unlawfully should be held account- Mr. ROCKEFELLER. Mr. President, I 121 and 206 of title 18, United States Code, ask unanimous consent that the order and this Act shall be the exclusive means by able. I totally agree that all Ameri- which electronic surveillance (as defined in cans, including corporate citizens, for the quorum call be rescinded. The ACTING PRESIDENT pro tem- section 101(f), regardless of the limitation of must follow the law and be held ac- pore. Without objection, it is so or- section 701) and the interception of domestic countable for their failures. Companies wire, oral, or electronic communications dered. that deliberately seek to evade privacy may be conducted. Mr. ROCKEFELLER. Mr. President, I laws or legal restrictions on electronic ‘‘(b) Only an express statutory authoriza- ask unanimous consent that at 3:05 surveillance can and should be subject tion for electronic surveillance or the inter- p.m. today the Senate return to the ception of domestic wire, oral, or electronic to civil suit, but that is not the issue Cardin amendment No. 3930, with the communications, other than as an amend- here, I would say to the Presiding Offi- time from 3:05 until 3:15 equally divided ment to this Act or chapters 119, 121, or 206 cer. That is not the issue. and controlled in the usual form; that of title 18, United States Code, shall con- The Intelligence Committee spent a the Senate then proceed to vote in re- stitute an additional exclusive means for the lot of time, as I have indicated, this purpose of subsection (a).’’. lation to the amendment, with other year looking into what happened over (b) OFFENSE.—Section 109 of the Foreign provisions of the previous order re- the past 6 years. Before deciding to Intelligence Surveillance Act of 1978 (50 maining in effect. provide liability protection for the U.S.C. 1809) is amended— The ACTING PRESIDENT pro tem- companies, the Intelligence Committee (1) in subsection (a), by striking ‘‘author- pore. Is there objection? ized by statute’’ each place it appears in heard testimony from relevant wit- Mr. BOND. No. such section and inserting ‘‘authorized by nesses and carefully reviewed the writ- Mrs. FEINSTEIN. Mr. President, re- this Act, chapter 119, 121, or 206 of title 18, ten communications provided to par- serving the right to object, I wish to United States Code, or any express statutory ticipants in the program. secure the ability, following this vote, authorization that is an additional exclusive Participants were sent letters, all of to call up one of my amendments, if I means for conducting electronic surveillance which stated the relevant activities under section 112.’’; and might. My understanding is that (2) by adding at the end the following: had been authorized by the President maybe I can do it now. and all but one—and that was done by ‘‘(e) DEFINITION.—For the purpose of this Mr. ROCKEFELLER. This is a total section, the term ‘electronic surveillance’ the legal counsel to the President—of of 10 minutes or less amendment, but means electronic surveillance as defined in which stated the activities had been we will not start until 3:05. The Sen- section 101(f) of this Act regardless of the determined to be lawful by the Attor- ator can call it up. limitation of section 701 of this Act.’’. ney General of the United States. Mrs. FEINSTEIN. All right. (c) CONFORMING AMENDMENTS.— Shouldn’t private companies be enti- The ACTING PRESIDENT pro tem- (1) TITLE 18, UNITED STATES CODE.—Section tled to rely on the written representa- pore. Is there objection? 2511(2) of title 18, United States Code, is tions of the highest levels of Govern- Without objection, it is so ordered. amended— ment officials that their cooperation is The Senator from California is recog- (A) in paragraph (a), by adding at the end the following: necessary and has been determined to nized. ‘‘(iii) If a certification under subparagraph be lawful? Can you argue that if they AMENDMENT NO. 3910 TO AMENDMENT NO. 3911 (ii)(B) for assistance to obtain foreign intel- get those notifications from the NSA Mrs. FEINSTEIN. Mr. President, I ligence information is based on statutory au- Director and it has been approved by ask unanimous consent that the thority, the certification shall identify the

VerDate Aug 31 2005 01:35 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.057 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S707 specific statutory provision, and shall certify and I will have an opportunity, I hope, determination regarding the questions de- that the statutory requirements have been to argue it later. scribed in paragraph (3)(A); and met.’’; and I would now like to call up my (B) stay further proceedings in the rel- (B) in paragraph (f), by striking ‘‘, as de- amendment, No. 3919. evant litigation, pending the determination fined in section 101 of such Act,’’ and insert- The PRESIDING OFFICER (Mr. of the Foreign Intelligence Surveillance ing ‘‘(as defined in section 101(f) of such Act Court. ANDERS regardless of the limitation of section 701 of S ). Amendment No. 3910 is pend- (3) DETERMINATION.— such Act)’’. ing. (A) IN GENERAL.—The dismissal of a cov- (2) TABLE OF CONTENTS.—The table of con- AMENDMENT NO. 3919 TO AMENDMENT NO. 3911 ered civil action under paragraph (1) shall tents in the first section of the Foreign In- Mrs. FEINSTEIN. Mr. President, I proceed only if, after review, the Foreign In- telligence Surveillance Act of 1978 (50 U.S.C. wish to make another amendment telligence Surveillance Court determines 1801 et seq.) is amended by adding after the pending, so I ask unanimous consent to that— item relating to section 111, the following: (i) the written request or directive from set aside the pending amendment and the Attorney General or the head of an ele- ‘‘Sec. 112. Statement of exclusive means by call up amendment No. 3919. This is the which electronic surveillance ment of the intelligence community (or the and interception of certain FISA Court review of immunity deputy of such person) to the electronic com- communications may be con- amendment. This is my second amend- munication service provider under paragraph ducted.’’. ment which is part of the unanimous (1)(A)(ii) complied with section 2511(2)(a)(ii) Mrs. FEINSTEIN. Mr. President, I consent agreement. I do this just to get of title 18, United States Code, and the as- sistance alleged to have been provided was voted for this FISA legislation in the it before the body. The PRESIDING OFFICER. Without provided in accordance with the terms of Intelligence Committee. I indicated that written request or directive; then that I had some concerns about it. objection, it is so ordered. The clerk will report. (ii) subject to subparagraph (C), the assist- I filed additional views with respect to ance alleged to have been provided was un- the need for stronger exclusivity provi- The bill clerk read as follows: dertaken based on the good faith reliance of sions. Then the Judiciary Committee The Senator from California [Mrs. FEIN- the electronic communication service pro- reported out a bill that included its STEIN], for herself, Mr. NELSON of Florida, vider on the written request or directive and Mr. CARDIN, proposes an amendment under paragraph (1)(A)(ii), such that the view with respect to strengthening the numbered 3919 to amendment No. 3911. fact that the Foreign Intelligence Sur- electronic communication service provider The amendment is as follows: had an objectively reasonable belief under veillance Act would be the exclusive the circumstances that compliance with the manner in which electronic surveil- (Purpose: To provide for the review of cer- tifications by the Foreign Intelligence Sur- written request or directive was lawful; or lance against Americans could be con- veillance Court) (iii) the electronic communication service ducted. provider did not provide the alleged assist- On page 72, strike line 13 and all that fol- The Judiciary bill subsequently ance. lows through page 73, line 25, and insert the (B) PROCEDURES.— failed on the floor of the Senate. The following: (i) IN GENERAL.—In reviewing certifications amendment I have at the desk is essen- (6) FOREIGN INTELLIGENCE SURVEILLANCE and making determinations under subpara- tially the exclusivity language from COURT.—The term ‘‘Foreign Intelligence Sur- graph (A), the Foreign Intelligence Surveil- that Judiciary Committee amendment. veillance Court’’ means the court established lance Court shall— under section 103(a) of the Foreign Intel- It has several cosponsors: the chairman (I) review and make any such determina- ligence Surveillance Act of 1978 (50 U.S.C. of the Intelligence Committee, Mr. tion en banc; and 1803(a)). ROCKEFELLER; chairman of the Judici- (II) permit any plaintiff and any defendant (7) FOREIGN INTELLIGENCE SURVEILLANCE ary Committee, Mr. LEAHY; Senator in the applicable covered civil action to ap- COURT OF REVIEW.—The term ‘‘Foreign Intel- pear before the Foreign Intelligence Surveil- NELSON of Florida; Senator ligence Surveillance Court of Review’’ means lance Court pursuant to section 103 of the WHITEHOUSE; Senator WYDEN; Senator the court of review established under section Foreign Intelligence Surveillance Act of 1978 HAGEL; Senator MENENDEZ; Senator 103(b) of the Foreign Intelligence Surveil- (50 U.S.C. 1803). SNOWE; and Senator SPECTER. lance Act of 1978 (50 U.S.C. 1803(b)). (ii) APPEAL TO FOREIGN INTELLIGENCE SUR- As filed this is an amendment that SEC. 202. LIMITATIONS ON CIVIL ACTIONS FOR VEILLANCE COURT OF REVIEW.—A party to a only covers exclusivity. In the interim ELECTRONIC COMMUNICATION SERVICE PROVIDERS. proceeding described in clause (i) may appeal period, the vice chairman of the Intel- a determination under subparagraph (A) to ligence Committee approached me (a) LIMITATIONS.— (1) IN GENERAL.—Notwithstanding any the Foreign Intelligence Surveillance Court about the possibility of a modification other provision of law, and subject to para- of Review, which shall have jurisdiction to of the amendment that would allow the graph (3), a covered civil action shall not lie review such determination. administration to be able to operate or be maintained in a Federal or State court, (iii) CERTIORARI TO THE SUPREME COURT.—A outside of FISA for a time. and shall be promptly dismissed, if the At- party to an appeal under clause (ii) may file We have not been able to come to torney General certifies to the court that— a petition for a writ of certiorari for review terms on that amendment. I could not (A) the assistance alleged to have been pro- of a decision of the Foreign Intelligence Sur- veillance Court of Review issued under that agree to the length of time that Mr. vided by the electronic communication serv- ice provider was— clause. The record for such review shall be BOND proposed, which was 45 days plus (i) in connection with an intelligence ac- transmitted under seal to the Supreme Court an additional 45 days, for a total of 3 tivity involving communications that was— of the United States, which shall have juris- months, enabling the administration to (I) authorized by the President during the diction to review such decision. operate without a FISA warrant. period beginning on September 11, 2001, and (iv) STATE SECRETS.—The state secrets The fact is, since January of 2007, the ending on January 17, 2007; and privilege shall not apply in any proceeding entire Terrorist Surveillance Program (II) designed to detect or prevent a ter- under this paragraph. has operated within the confines of the rorist attack, or activities in preparation for (C) SCOPE OF GOOD FAITH LIMITATION.—The limitation on covered civil actions based on Foreign Intelligence Surveillance Act a terrorist attack, against the United States; and good faith reliance under subparagraph and under orders from the Foreign In- (A)(ii) shall only apply in a civil action re- telligence Surveillance Court. That is, (ii) described in a written request or direc- tive from the Attorney General or the head lating to alleged assistance provided on or I believe, as it should be. of an element of the intelligence community before January 17, 2007. I have a modification to my exclu- (or the deputy of such person) to the elec- Mrs. FEINSTEIN. I ask that the sivity amendment that would limit the tronic communication service provider indi- amendment be set aside. period of time outside of FISA fol- cating that the activity was— The PRESIDING OFFICER. Without lowing a declaration of war, an author- (I) authorized by the President; and objection, it is so ordered. ization for the use of military force, or (II) determined to be lawful; or The Senator from Maryland. a major attack against the nation to 30 (B) the electronic communication service AMENDMENT NO. 3930 days. The question is whether I would provider did not provide the alleged assist- Mr. CARDIN. Mr. President, shortly ance. have unanimous consent from the vice we will be voting on the amendment I (2) SUBMISSION OF CERTIFICATION.—If the chairman to be able to call up that Attorney General submits a certification offered that provides for a 4-year sun- modification of my amendment. But under paragraph (1), the court to which that set in the Foreign Intelligence Surveil- that has not been given to me yet. certification is submitted shall— lance Act. So at this time, I am going to rest (A) immediately transfer the matter to the I thank first Senator ROCKEFELLER my case on the exclusivity amendment, Foreign Intelligence Surveillance Court for a for his help, Senator LEAHY, Senator

VerDate Aug 31 2005 01:35 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A06FE6.005 S06FEPT1 smartinez on PRODPC61 with SENATE S708 CONGRESSIONAL RECORD — SENATE February 6, 2008 MIKULSKI, Senator KENNEDY, and oth- bring a full, complete FISA moderniza- lutely critical to this bill. The amend- ers who have been instrumental in tion bill to the floor, given the failure ment would move up the bill’s sunset making sure that we have provisions in of Congress to act. We had been re- date from 6 years to 4 years. Congress this bill so that we continue our con- quested in April, May, June, and July would need to revisit the law by the gressional oversight. to change the law. This is a bill that end of 2011 instead of 2013. This amendment is not unusual. should establish a permanent operating The amendment is good public pol- Every major change in the FISA law authority for the intelligence commu- icy. Whenever a significant new law is has been accompanied by a sunset. nity and the private partners who work enacted, it is important to require Con- When we passed the PATRIOT Act, we with it. gress to revisit it at an earlier rather had a 4-year sunset on most of the pro- As part of the compromise we than a later date. visions. When we revised it, we had a 3- reached in passing the bill, I did not be- The FISA bill we are considering is year sunset on the most controversial lieve we should have a sunset, but we highly complicated legislation affect- provisions. When we passed the Protect agreed on a 6-year sunset. That was ing Americans’ security and liberty. It America Act, we had a very short sun- part of the deal. The 6-year sunset at grants the executive branch vast new set on it because we were not certain least gives us certainty over the 6 authority for electronic surveillance at we were getting it right. years in time, that both the intel- a time of rapidly changing technology This change is controversial. If my ligence agencies, our private partners, and rapidly changing threats. Even the colleagues think it is not controver- and our allies abroad who depend upon country’s leading national security ex- sial, look at all the debate that has us would have time to make this sys- perts cannot say for sure what our na- taken place on the floor of this body. tem work. tional security challenges will look We want to make sure that we get it The problem we face is that any sun- like in 3 years, much less how this leg- right. set withholds from our intelligence islation will work out in practice. It is interesting that as we get close professionals and the private partners This is also highly controversial leg- to the time when Congress has to act, the certainty and the permanence they islation. I don’t need to remind anyone we seem to get a lot more cooperation need to protect Americans from ter- in this Chamber of the intense debate from the executive branch of Govern- rorism and other threats to national that has been taking place over many ment. The sunset will ensure that we security. parts of this bill. The FISA rules on get the type of cooperation we need to Attorney General Mukasey has said electronic surveillance affect every carry out our responsibilities, to get there are no fatwahs with limitations American. They are the only thing the documents we need to make sure by the terrorist leaders who seek to do that stands between the freedom of we get it right. us harm. They put out orders to keep Americans to make a private phone As I pointed out, technology is trying to kill us, and these are not call, send a private e-mail, or search changing quickly. I think a 4-year pe- going to go away. There should be no the Internet, and the ability of the riod is reasonable for us to take a fresh sunset on this bill. Government to listen in on the call, look at this issue. I disagree very strongly with my read the e-mail, and review the Inter- This is not a question of whether we friend from Maryland that Congress is net search. should have a sunset in the bill. There an important part of this. We passed a In this information age, FISA gives is a 6-year sunset in the bill. So why is good bill that adds far more protec- Americans basic protection against it so important to have a 4-year sunset tions than Americans have ever had in Government tyranny and abuse, and we versus a 6-year sunset? The answer, intelligence collection. This bill is a owe it to the American people to re- quite frankly, is we want the next ad- good bill, but I can assure him that we visit it promptly to make sure its pro- ministration that is going to take of- have a strong bipartisan committee tections are effective. fice in January to focus on this issue and a strong staff that will continue to and work with us so they can operate oversee, supervise, and watch the sur- Congress also needs an earlier sunset collectively with the authority of Con- veillance to make sure it works. If we because we need more information to gress and the laws we pass in the exec- find it does not work, we should not assess how these new policies will work utive branch. It is important that the wait for a 4-year sunset or a 6-year sun- in practice. The ongoing confusion and next administration focus on this set. We should make those changes controversy in this area mean that issue, and that is why this amendment when they are needed. Congress does not have enough knowl- is particularly important. We can see how long we have had to edge or confidence to be sure the legis- My friend from Missouri pointed out fight to get this authorization through. lation is adequate. that this is an election year. No, it is There was no action from the majority With an early sunset, Congress will not. The sunset provision would termi- from April, May or June, until the very have to make an early assessment of nate in December of 2011, so it is a year end of July. We put this bill out on the how the legislation is being interpreted before the elections. I think it is the floor in October. We could not get the and implemented. We will be able to right time for a sunset. bill up in December because of filibus- identify problems and abuses much I know the administration does not ters. We had to get another 15-day ex- sooner. If changes are made to the law want any sunset in this bill. I under- tension so it would not expire. in 2011, it will be because experience stand that. As I pointed out before, We can act on the bill any time we has shown that changes are needed. they don’t want any congressional need, but we cannot deprive our part- We passed this exact same amend- oversight. They don’t even think they ners, our intelligence community, and ment in the Judiciary Committee in need congressional laws on this sub- our allies the protection if Congress the middle of November, and in the ject. They don’t even think they need a cannot work. weeks since then, I have heard only Congress. But we have our responsi- I yield time to the distinguished two arguments against it, both from bility, and I hope we would want this chairman of the committee. the White House. Neither of them holds issue revisited during the next admin- Mr. ROCKEFELLER. I say to the up. istration. I urge my colleagues to sup- Presiding Officer, I find myself in dis- The first objection is that there has port the amendment. agreement with my vice chairman. I already been sufficient consideration of I reserve the remainder of my time. originally wanted 4 years and we went these issues, so that Congress should be The PRESIDING OFFICER. The Sen- to 6 years because of accommodations able to pass a permanent FISA reform ator from Missouri. that yielded other results. In the wis- right now. Everyone agrees that short Mr. BOND. Mr. President, we have dom of the joint Intelligence Com- sunsets are valuable when Congress has discussed this issue before on the floor. mittee and Judiciary Committee, set- not had time to consider an issue thor- I urge my colleagues to vote against tling on 4 years makes a lot of sense. I oughly and develop a factual record. this amendment. As I have stated pre- urge the adoption of the amendment. But the Bush administration claims viously, the current bill, the Protect Mr. KENNEDY. Mr. President, the there has already been a detailed and America Act, had a 6-month sunset on amendment that Senator CARDIN has informed discussion of FISA mod- it only because we were not able to offered is very simple, but it is abso- ernization.

VerDate Aug 31 2005 01:35 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.061 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S709 That objection is wrong on the facts. Given this administration’s track the certainty at least of 6 years. I The administration has recently start- record of warrantless illegal spying, wanted to see none. That is why we ed to work with Congress more openly, ‘‘trust us’’ is not an acceptable way to came to an agreement in the Intel- but there is still a great deal we don’t proceed. Congress needs to stay on top ligence Committee and a 13-to-2 vote know about how it has been conducting of this issue to make sure that our sur- said we should have this bill with a 6- its electronic surveillance. Much of veillance laws are keeping Americans year sunset. what we have learned has come from safe and protecting their freedom. That We have a solid bipartisan product leaks to the press. is what we have been elected to do, and addressing civil liberties concerns, A few months ago, the White House that is what the Constitution requires while making sure the intelligence decided to share with the Senate cer- us to do. community has the tools and authori- tain documents on the role of the tele- As I said at the start, this amend- ties it needs to keep us safe. communications companies in an effort ment is very simple. It moves the sun- As I said, this was an important part to obtain retroactive immunity for set date up by 2 years. Yet it may well of our compromise to get the bill them. This was the first time the ad- be the single most important thing through. Our intelligence collectors ministration had ever shown Congress Congress can do to ensure that we re- and troops on the battlefield need cer- any documents on its warrantless sur- form FISA in a responsible and effec- tainty, not rules that will expire in 4 veillance. So far, however, the White tive way. years. That is why both the Director of House has shared only a small number This sunset amendment is a win-win National Intelligence and the Attorney of documents with a small number of for national security and civil lib- General strongly oppose shortening the Senators—and until late last month, erties. It will ensure that Congress re- 6-year sunset in the bill. not with any Members of the House of mains engaged on the crucial issues of I urge my colleagues to join me in Representatives. Such selective disclo- electronic surveillance that affect all opposing this amendment. sure is a pale shadow of the real disclo- Americans. To make sure that our new sure Congress needs to enact good leg- The PRESIDING OFFICER. The Sen- FISA law actually gets the job done, I ator from Maryland. islation. urge my colleagues to adopt this That objection is also wrong as a Mr. CARDIN. Mr. President, quickly, amendment. matter of policy. No matter how much in closing, I thank the chairman of the The PRESIDING OFFICER. The Sen- Intelligence Committee for his support discussion there may have been, this is ator from Maryland. highly complicated legislation that of this amendment. This amendment Mr. CARDIN. Mr. President, let me does nothing to jeopardize the bipar- makes major, untested changes in our briefly summarize the comments Sen- surveillance laws. It is impossible for tisan work of the Intelligence Com- ator BOND made. It is true that the ter- Congress to analyze these issues in the mittee. It preserves the appropriate rorist groups do not have any types of role of the legislative branch of Gov- abstract, without any track record to restrictions on what they can do. They evaluate. With a law as complex, new, ernment, and I would hope all my col- do not have any legislature. They do and important as this, a short sunset is leagues would want to support that not have any courts. They do not have responsible policy. change to make it clear that the next The second objection I have heard is any constitution. They have no respect administration must come back to that a short sunset introduces too for human life. They have no civil lib- Congress. much uncertainty to the rules affect- erties with which they have to deal. With that, Mr. President, I yield ing our intelligence professionals. The But that is what makes this Nation the back the remainder of my time, and I administration says it is not efficient great nation it is. It is our responsi- ask for the yeas and nays. for agencies to develop new policies bility to make sure that we carry out The PRESIDING OFFICER. Is there a and procedures, only to have the law what the people of our Nation expect sufficient second? There appears to be change within a brief period. They say us to do. a sufficient second. Let me point out that the PATRIOT the intelligence community operates Mr. BOND. Mr. President, there is a Act, when it was passed, had a 4-year more effectively when the rules gov- 60-vote agreement on this. sunset. Then we reauthorized some of erning intelligence professionals are The PRESIDING OFFICER. That is the provisions, but we kept a 3-year well-established, and are not in doubt. correct. sunset. We have used sunsets that have This objection is more serious, but it The question is on agreeing to been shorter, and on controversial too dissolves upon consideration. It is amendment No. 3930. The clerk will laws, a 4-year sunset is the minimum true that there may be a little extra call the roll. uncertainty that comes with a short we should have. I urge my colleagues to understand The bill clerk called the roll. sunset. But the much more significant Mr. DURBIN. I announce that the uncertainty is whether all of the that it is important that the next ad- ministration work with us so we never Senator from New York (Mrs. CLINTON) changes made by this bill will be good and the Senator from Connecticut (Mr. for the country—and there is no way to get back to where we are this year, where the executive branch is heading LIEBERMAN) are necessarily absent. be sure about this ahead of time. Mr. KYL. The following Senators are Intelligence professionals should not in one direction and we don’t know necessarily absent: the Senator from be locked into a surveillance system what they are doing. Let’s work to- North Carolina (Mr. BURR), the Senator that doesn’t work well for them, and gether so we can keep Americans safe, from South Carolina (Mr. GRAHAM), Americans should not be locked into a having the administration work with and the Senator from Arizona (Mr. system that fails to protect their secu- us next year so we understand what MCCAIN). rity or their rights. The early sunset they are doing, they have our support guarantees that Congress will review and, if necessary, we modify the laws The PRESIDING OFFICER. Are there these extremely complicated, untested, to give them the tools they need to any other Senators in the Chamber de- and powerful new authorities and how keep America safe. siring to vote? they are actually being used by the ex- I urge my colleagues to support the The result was announced—yeas 49, ecutive branch. amendment. nays 46, as follows: The administration’s argument Mr. BOND. Mr. President, how much [Rollcall Vote No. 7 Leg.] against a sunset is an argument time do I have remaining? YEAS—49 against congressional oversight of The PRESIDING OFFICER. There is Akaka Casey Kerry FISA. The White House wants Congress 1 minute 10 seconds remaining. Baucus Conrad Klobuchar to pass a new FISA law, and then to Mr. BOND. Mr. President, this is a Bayh Dodd Kohl Biden Dorgan Landrieu look the other way while the executive great nation because we have kept our Bingaman Durbin Lautenberg branch implements and interprets its country safe. We have kept our country Boxer Feingold Leahy new powers. They want Congress to safe, and we are working very closely Brown Feinstein Levin trust them when they tell us how the with the intelligence community. That Byrd Harkin Lincoln Cantwell Inouye McCaskill law is working, rather than look into it is why we have a good bill. The intel- Cardin Johnson Menendez ourselves. ligence community says we must have Carper Kennedy Mikulski

VerDate Aug 31 2005 01:35 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.013 S06FEPT1 smartinez on PRODPC61 with SENATE S710 CONGRESSIONAL RECORD — SENATE February 6, 2008 Murray Reid Tester keeping with the highest traditions of after issue of concern to the American Nelson (FL) Rockefeller Webb military service and reflect great cred- people. As chairman of the Sub- Nelson (NE) Salazar Whitehouse Obama Sanders Wyden it on him, his unit, and the U.S. Army. committee on Defense Appropriations, Pryor Schumer Mr. President, Members of the Sen- he is the leading expert and national Reed Stabenow ate, these are the words that describe advocate for national security, NAYS—46 the actions of heroism of Senator strengthening the military, and hon- Alexander DeMint Murkowski INOUYE, when, as a young man, he put oring our troops and veterans. Allard Dole Roberts his own safety aside for others. As a re- As the first person of Japanese de- Barrasso Domenici Sessions sult of that he was awarded America’s scent to serve in the Senate, DAN Bennett Ensign Shelby highest honor for gallantry and her- Bond Enzi INOUYE is a soft-spoken trailblazer. Smith oism, the Medal of Honor. On a personal level, I was a very new Brownback Grassley Snowe Bunning Gregg Specter The reason I bring this to everyone’s Senator and he had made a commit- Chambliss Hagel Stevens attention today is that we have a lot of ment to do a fundraiser for me in Flor- Coburn Hatch Sununu new Senators. I want every one of them Cochran Hutchison ida. He didn’t know at the time he Thune Coleman Inhofe to know this man DAN INOUYE is a man made this commitment that there Vitter Collins Isakson who was born to be a hero. He never would be other things that would be in Corker Kyl Voinovich Warner thinks of himself but of others. In my the way of that. There was a little Cornyn Lugar 25-plus years in Congress, that is how I Craig Martinez Wicker thing in the way, his wife’s birthday. Crapo McConnell have found him to be. She understood. He understood. And I rise to express joy and honor for my NOT VOTING—5 he, because he had made a commit- friend and colleague Senator INOUYE on ment, made the personal sacrifice and Burr Graham McCain the occasion of his 15,000th rollcall Clinton Lieberman came down there. I have never forgot- vote, which was just completed. ten that. That is why when he sought a The PRESIDING OFFICER. Under DAN INOUYE was born to Japanese- leadership position in the Senate, I was the previous order requiring 60 votes American immigrants in Honolulu, the for the adoption of this amendment, the first to stand in line to support eldest of four children. Did he ever set Senator INOUYE. His heroism and ex- the amendment is withdrawn. an example—he sure did—for his sib- The majority leader is recognized. traordinary lifetime of public service lings. On the day of the Pearl Harbor are an inspiration to us all. Mr. REID. Mr. President, I move to attack, with chaos reigning, and being reconsider the vote and table that mo- But on a personal note, Landra and I, only 17 years old, he volunteered to tion. and all my colleagues, are so happy and provide medical help to the injured, The motion to table was agreed to. pleased to hear the recent news that and there were a lot of injured. After CONGRATULATING SENATOR INOUYE ON HIS DAN and Irene will be married this high school, he wanted to become a 15,000TH VOTE May. All of us in the Senate family medical doctor. At the time the U.S. Mr. REID. Mr. President, 2LT DANIEL wish them happiness and joy. Army banned Japanese Americans K. INOUYE distinguished himself by ex- The PRESIDING OFFICER. The Re- traordinary heroism in action on April from becoming soldiers. The war broke publican leader. 21, 1945, in the vicinity of San Terenzo, out, but this ban was dropped, and as a Mr. MCCONNELL. Mr. President, the Italy. teenager, DAN INOUYE immediately put U.S. Senate has been conducting its While attacking a defended ridge his medical ambition aside and signed business here in Washington for just guarding an important road junction, up to serve his country in the military. over 200 years. For more than one-fifth Second Lieutenant INOUYE skillfully Perhaps it was fate that DAN INOUYE of that time, Senator DANIEL INOUYE of directed his platoon through a hail of joined the legendary 442nd regimental Hawaii has been casting rollcall votes. automatic weapons and small arms fire combat team which in no small part, And just now, he cast his 15,000th, mak- in a swift and enveloping movement thanks to his bravery, became the ing him the fourth most prolific voter that resulted in the capture of an artil- most highly decorated unit in the his- in Senate history. lery and mortar post and brought his tory of the U.S. Army. If Senator INOUYE had anything to men to within 40 yards of the hostile I can’t improve the words of praise say about it, I have no doubt the mo- force. this great man earned upon receiving ment would have passed without fan- Emplaced in bunkers and rock forma- the Medal of Honor for his courageous fare. Some Senators make their pres- tions, the enemy halted the advance service. I read that. But I think we all ence felt by talking a lot or by being with crossfire from three machine here recognize we serve with a very ex- flamboyant. DAN INOUYE has always guns. With complete disregard for his traordinary human being. While he was been another sort of Senator. personal safety, Lieutenant INOUYE recovering from his injuries—and it He is one of only 107 Americans alive crawled up the treacherous slope to was more than his arm; his whole body today to have received the Medal of within 5 yards of the nearest machine was hurt and, as a result he spent years Honor for combat bravery. He is the gun and hurled two grenades, destroy- in a military hospital—in the military iconic political figure of the 50th State, ing the emplacement. hospital, he met another wounded war- the only original member of a congres- Before the enemy could retaliate, he rior, a man named Bob Dole. They sional delegation still serving in Con- stood up and neutralized a second ma- recuperated together, both having se- gress. And he has ensured through chine gun nest. Although wounded by a vere arm injuries, among other things. many years of diligent service on the sniper’s bullet, he continued to engage The only injuries you could see with Defense Appropriations Subcommittee other hostile positions at close range Senator Dole and Senator INOUYE were that an entire generation of America’s until an exploding grenade shattered the arms. But, of course, their injuries uniformed military has gone well pre- his right arm. were much more severe than that. pared into battle and was well cared for Despite the intense pain, he refused While there, Senator Dole told Senator when they returned. evacuation and continued to direct his INOUYE, both to be Senators: I am Despite all this, DAN’s quiet de- platoon until enemy resistance was going to run for Congress. Senator meanor and adherence to a code of broken and his men were again de- INOUYE beat him there by a few years. honor and professionalism has made ployed in defensive positions. That chance encounter began a life- him a stranger to controversy and to In the attack, 25 enemy soldiers were time of friendship that took these two the fleeting fame that often comes killed and 8 others were captured. By wounded warriors from hospital beds in with it. He is a man who has every rea- his gallant, aggressive tactics, and by Battle Creek, MI, to seats in the Sen- son to call attention to himself but his indomitable leadership, Lieutenant ate. The friendship and close working who never does. He is the kind of man, INOUYE enabled his platoon to advance relationship they have shared is em- in short, that America has always been through formidable resistance and was blematic of Senator INOUYE’s lifelong grateful to have, especially in her instrumental in the capture of the commitment to bipartisanship in the darkest hours, men who lead by exam- ridge. pursuit of progress. ple and who expect nothing in return. Lieutenant INOUYE’S extraordinary In his decades of public service, Sen- Historians tell us about one of those heroism and devotion to duty are in ator INOUYE has been a leader on issue dark moments early in our Nation’s

VerDate Aug 31 2005 01:35 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A06FE6.006 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S711 history, just after the surrender at and heart. Americanism is not, and ‘‘America has been good to us,’’ his Yorktown. Hostilities with the British never was, a matter of race or ances- father said. ‘‘And now—I would never had ended, but America was on the try.’’ have chosen it to be this way—but it is brink of a military coup. Congress had The overwhelming response of Japa- you who must try to return the good- promised to give officers and soldiers nese Americans proved Roosevelt right. ness of this country.’’ back pay, food, and clothing, and Eighty percent of the military-age men DAN INOUYE would make his father hadn’t delivered. The situation grew so of Japanese descent who lived in Ha- very proud. He has more than repaid serious that U.S. officers threatened an waii volunteered for the first-ever, all- the goodness of this country. I know I armed revolt. Japanese-American combat team. And speak for every other Senator who has In a meeting at Newburgh, George among the 2,686 accepted was an 18- served with him, the people of Hawaii, Washington urged patience. He assured year-old freshman at the University of and anyone who respects this institu- the officers Congress would act justly. Hawaii named DAN INOUYE. tion or loves this country, when I say And then, with anger and impatience The 442nd Regimental Combat Team, thank you for the dignity, the grace, still in the air, he pulled a letter from the famous ‘‘Go for Broke’’ regiment, and the heroism with which you have his pocket from Congress. Staring at it would become the most decorated mili- lived your great American life. You are for a few moments with a look of con- tary unit in American history. SGT an example and an inspiration to all of fusion, he reached into his pocket DAN INOUYE was one of its combat pla- us. again and pulled out a pair of reading toon leaders. He spent 3 bloody months I yield the floor. glasses that only his closest advisers in the Rome Arno campaign and 2 bru- The PRESIDING OFFICER (Mrs. had ever seen. ‘‘You will permit me, tal weeks rescuing a Texas battalion MCCASKILL). The Senator from Hawaii. gentlemen, to put on my spectacles,’’ that was surrounded by German forces, Mr. AKAKA. Madam President, in he said. ‘‘For I have not only grown an operation military historians often the year 1924, a child was born to a gray, but almost blind, in the service of describe as one of the most significant woman who was nurtured by a Hawai- my country.’’ military battles of the 20th century. ian family. He was born in Hawaii as Some of the officers wept with After the rescue, Sargeant INOUYE an American of Japanese ancestry. He shame. One man’s heroism was enough was sent back to Italy, where on April was brought up in Hawaii and went to to dissolve whatever hostilities re- 21, 1945, he displayed ‘‘extraordinary school there, graduated from McKinley mained. Revolt was averted, peace pre- heroism,’’ in leading his platoon High School in 1942, and decided to served, and a roomful of men learned through tough resistance to capture an serve our country, as he did. You have that day what it meant to be an Amer- important strategic ridge. Crawling heard others tell about his activities as ican. within five yards of the nearest ma- an Army person. But he went on to fi- More than a century and a half later, chine gun, he destroyed it with gre- nally receive the Medal of Honor from after another dark moment in our Na- nades, then stood up and destroyed sev- this country, which is the greatest tion’s history, another roomful of men eral others machine gun nests at close medal anyone can receive. This is Sen- would learn a similar lesson. The year range—even as a sniper’s bullet shat- ator DAN INOUYE. was 1959, the place was the U.S. Cap- tered his arm. Despite the pain, he con- When he finished his service, he used itol, and a young man named DANIEL tinued to direct his men until the en- the GI bill, of which he was a recipient, INOUYE was being sworn into office. emy’s retreat, and become one of the to be educated. When he returned to The memory of a hard-fought war most decorated soldiers of the war. Hawaii, he entered into politics and against the Japanese was fresh in DAN would later spend nearly 2 years served in the State legislature. many minds as the Speaker, Sam Ray- in an Army hospital in Battle Creek, When Hawaii became a State in 1959, burn, prepared to administer the MI, and it was there that he met a he was Hawaii’s first U.S. House of oath—not only to the first Member wounded soldier, as the majority leader Representatives Member. It was from from Hawaii, but to the first American mentioned, from Kansas. DAN had al- there he did run for the Senate and was of Japanese descent ever elected. Ray- ways wanted to be a surgeon, but that elected and has been here since that burn spoke: ‘‘Raise your right hand and dream faded away on a ridge in Italy. time. DAN INOUYE has served our coun- repeat after me . . .’’ He decided to ask his friend what he try well over these years, and he has Here’s how another Congressman had in mind for a career. Politics was served Hawaii well. So today I rise to mark a historic oc- would later record what followed: ‘‘The the reply. DAN was intrigued. And hush deepened as the young Congress- many years later, as a freshman in casion, which is Senator INOUYE’s man raised not his right hand but his Congress, he wrote a note to Bob Dole, 15,000th vote. This historic milestone is left and repeated the oath of office. playfully taunting him for not making compelling evidence of Senator There was no right hand. It had been it here first. INOUYE’s devotion to public service. lost in combat by that young American It is fitting that DAN owes his Senate The people of Hawaii have given him soldier in World War II. And who can career, in a sense, to a Republican. He their trust, and in return he has fought deny that, at that moment, a ton of has never let narrow party interests relentlessly for our State and our coun- prejudice slipped quietly to the floor of stand in the way of friendship or co- try. DAN INOUYE is an institution, without the House of Representatives.’’ operation on matters of real national As a young boy growing up in Hawaii, importance. His friendship with Sen- question, in the Senate, and I look for- ward to casting many more votes with DAN and his friends always thought of ator STEVENS is one of the most storied themselves as Americans. But after in all of Senate history. And I know I my good friend and mentor and brother to benefit Hawaii and strengthen the Pearl Harbor, they found themselves have never hesitated to call DAN when lumped together with the enemy. It I thought something important was at United States. God bless you, Senator INOUYE, and was one of the reasons so many of them stake. As DAN has always said, ‘‘to with much aloha. felt such an intense desire to serve. have friends, you’ve got to be a friend.’’ Thank you very much. Their loyalty and patriotism had been It is a good principle, and it is one he The PRESIDING OFFICER. The Sen- questioned, and they were determined has always lived up to. But it is just ator from Hawaii. to show their patriotism beyond any one of the remarkable traits that have Mr. INOUYE. Madam President, I am doubt. made him one of America’s great men. deeply moved and most grateful for the At first they weren’t allowed to vol- On the morning of his first day in the generous and warm remarks of my col- unteer. A committee of the Army, cav- Army, DAN rode part of the way to the leagues. I shall do my very best to live ing to prejudice, recommended against barracks on a bus with his dad. He up to their praise. forming a combat unit of Japanese later recalled that at one point his fa- I thank you very much. Americans. But they persisted, and on ther grew somber, offered his first son (Applause, Senators rising.) June 5, 1942, the policy changed. some brief advice about the importance Mr. COCHRAN. Madam President, I In reversing the previous order, of having good morals, then said some- suggest the absence of a quorum. President Roosevelt said, quote, thing about the country he would soon The PRESIDING OFFICER. The ‘‘Americanism is a matter of the mind defend. clerk will call the roll.

VerDate Aug 31 2005 02:57 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A06FE6.009 S06FEPT1 smartinez on PRODPC61 with SENATE S712 CONGRESSIONAL RECORD — SENATE February 6, 2008 The legislative clerk proceeded to those companies retroactive immunity dates that the Intelligence Committees call the roll. and foreclose litigation which is now of both the House and the Senate be in- Mr. SPECTER. Madam President, I pending in some 40 cases. formed of matters like the Terrorist ask unanimous consent that the order This issue is at the heart of the bal- Surveillance Program. I served as for the quorum call be rescinded. ance of values between national secu- chairman of the Judiciary Committee The PRESIDING OFFICER. Without rity and constitutional rights. There is in the 109th Congress. The chairman objection, it is so ordered. no doubt, at least on this state of the and the ranking member, under pro- AMENDMENT NO. 3927 TO AMENDMENT NO. 3911 record—where we do not know all of tocol and practice, ought to be notified (Purpose: To provide for the substitution of the details as to what the telephone about a program like that. But I was the United States in certain civil actions) companies have been doing—but it is surprised to read about it in the news- Mr. SPECTER. Madam President, I presumed, for purposes of this argu- papers one day, on the final day of ar- now call up amendment No. 3927. ment, and I think accurately so, that gument on the PATRIOT Act Re-au- The PRESIDING OFFICER. Without what the telephone companies are thorization. It was a long time, with a objection, the pending amendments are doing has produced very high-level in- lot of pressure—really to get the con- set aside. telligence for the U.S. Government. firmation of General Hayden as CIA Di- The clerk will report. There is no doubt of the importance rector—before the executive branch fi- The legislative clerk read as follows: of high-level intelligence in our fight nally complied with the statute to no- tify the full Intelligence Committees. The Senator from Pennsylvania [Mr. SPEC- against terrorism. We sustained 9/11. TER], for himself and Mr. WHITEHOUSE, pro- We fight a deadly enemy around the Now, on the other hand, the courts poses an amendment numbered 3927 to world—al-Qaida. We want to protect have been effective—and I will amplify amendment No. 3911. the United States and its people and this at a later time because I want to Mr. SPECTER. Madam President, I others, so that high-level intelligence yield soon to Senator WHITEHOUSE and ask unanimous consent that further is very important. give the opponents an opportunity to reading of the amendment be dispensed At the same time, constitutional speak before 4:30. But in the Hamdan with. rights are very important. I believe the case, the Supreme Court held that the The PRESIDING OFFICER. Without substitution which Senator President does not have a blank check objection, it is so ordered. WHITEHOUSE and I are proposing ac- in the war on terror. Justices held that (The amendment is printed in the complishes the objective of a continu- the President cannot establish military RECORD of Friday, January 25, 2008, ation of getting this very vital intel- commissions unless Congress author- under ‘‘Text of Amendments.’’) ligence information for national secu- izes it. In Hamdi, the Supreme Court Mr. SPECTER. Madam President, rity and, at the same time, protects concluded due process required that a there are 2 hours set aside for this constitutional rights. citizen held in the United States as an amendment. We have about 24 minutes The essence of the proposal is that enemy combatant be given a meaning- between now and 4:30, when the Senate the U.S. Government would step into ful opportunity to contest the factual will move on to other business. the shoes of the telephone companies, basis for that contention. In Rasul v. I have just discussed with my distin- have the same defenses, no more and Bush, the Supreme Court held that the guished colleague, Senator no less. The Government could not as- Federal habeas corpus statute gave dis- WHITEHOUSE, and the managers—Chair- sert governmental immunity because trict courts jurisdiction to hear chal- man ROCKEFELLER and Vice Chairman the telephone companies could not as- lenges by aliens held at Guantanamo BOND—my intent to speak relatively sert governmental immunity. The Gov- Bay. briefly on an opening statement and ernment could assert the State Secrets Well, this is not Pakistan, where then yield to Senator WHITEHOUSE and Doctrine, just as the it has by inter- President Musharraf can suspend the give an opportunity for opponents of vening in the cases against the tele- Supreme Court Justices and hold the the amendment to speak because I phone companies. Chief Justice under House arrest. This think that will tell the Senators and I believe it is vital that the courts re- is America. The balance is maintained staffs what this is about and perhaps main open. I say that because on our only because the courts are open. I be- generate more interest and more con- delicate constitutional balance of sepa- lieve it would be a major mistake to cern to follow, and then have addi- ration of powers, the Congress has been close the courts on pending litigation tional debate at a later time on the re- totally ineffective on oversight and on when the courts have provided the only mainder of our time. restraining the expansion of executive effective way to check expanded execu- At the outset, I compliment my dis- authority. But the courts have the ca- tive authority, which we have seen in tinguished colleague, Senator pacity, the will, and the effectiveness many lives. I will amplify those later, on matters such as signing statements. WHITEHOUSE, who is in his first term in to maintain a balance. But that is the essence of the argu- the Senate. I thank him for the work But we find that the President has ment. I am going to yield now to my asserted his constitutional authority he has done coordinately with me and distinguished colleague from Rhode Is- others on this bill. under article II to disregard statutes, land because I think it is useful, as we Senator WHITEHOUSE brings a very the law of the land passed by Congress move forward in the debate, to crys- distinguished record to the U.S. Con- and signed by the President. tallize the issues. We know Senators gress. He has served as U.S. attorney I start with the Foreign Intelligence and even staff don’t pay a great deal of for Rhode Island. He served as Rhode Surveillance Act, which provides that attention until the time for a vote is Island’s attorney general. And he has the only way to wiretap is to have a near, and when we see the essence of made quite a contribution to the Judi- court order. The Executive Branch ini- the two positions, I think we may cre- ciary Committee on what is a very tiated the Terrorist Surveillance Pro- ate some more interest and have more complex matter. gram in flat violation of that statute. people join this debate. Madam President, I ask unanimous Now, the President argues that he has I yield the floor. consent that Senator LEVIN and Sen- constitutional authority which super- The PRESIDING OFFICER. The Sen- ator CARDIN be added as cosponsors of sedes the statute. And if he does, the ator from Rhode Island is recognized. the amendment. statute cannot modify the Constitu- Mr. WHITEHOUSE. Madam Presi- The PRESIDING OFFICER. Without tion. Only a constitutional amendment dent, I thank the distinguished Senator objection, it is so ordered. can. But that program, initiated in from Pennsylvania. I consider it a Mr. SPECTER. The essence of the 2001, is still being litigated in the great personal honor to join him in pending amendment is to substitute courts. So we do not know on the bal- sponsoring this important amendment. the U.S. Government as a party defend- ancing test whether the Executive has He has served with great distinction as ant for the telephone companies, in- the asserted constitutional authority. a prosecuting attorney for Philadelphia stead of having the current provision But if you foreclose a judicial deci- for many years and then has served in which provides for retroactive immu- sion, the courts are cut off. Then the this Senate for 27 years with great dis- nity to the telephone companies. The executive branch has violated the Na- tinction, making him the longest serv- bill under consideration would give tional Security Act of 1947, which man- ing Senator in Pennsylvania’s history.

VerDate Aug 31 2005 01:35 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.067 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S713 He has chaired the Senate Judiciary me that doing nothing is not a great Third, no one is forbidden to defend Committee, and he has always shown solution either. themselves in ongoing litigation. No great intelligence and independence. In The solution that fits the problem we one is bound and muzzled but forced to addition to all that, I am the junior face is this Specter-Whitehouse amend- stay in a judicial fight. member of the Senate Judiciary Com- ment, and it has two very simple parts. Fourth, there is no intrusion by Con- mittee, and he also has shown excep- One, a judicial determination, con- gress into ongoing adjudication, no tional courtesy and good will toward fidentially, in the FISA Court, whether separation of powers trespassed. me, notwithstanding my junior status these companies acted reasonably and Finally, if the companies acted rea- and notwithstanding my position on in good faith. That is a very simple de- sonably and in good faith at the direc- the other side of the aisle. So it is with termination that can be made with a tion of the Government but ended up considerable pride and also consider- very small amount of testimony based breaking the law, the Government able affection that I join him in sup- in many respects simply on the record truly is the morally proper party to porting this amendment. of what was provided to companies. the case. So this is not just sensible, We face, as Senator SPECTER said, the Second, if they did act reasonably and but it is right. I hope my colleagues critical balance between freedom and in good faith, there is then a well-es- will support this amendment. security, which will always be difficult tablished procedure under rule 25 of the I see time is a little short, but let me to maintain as long as a threat of ter- Federal Rules of Civil Procedure, rule continue a little bit longer because I rorism looms. As we all know, one of 25(c) to be specific, that can substitute wish to expand a little bit on this con- the many difficult issues that balance the Government for these companies in cern that intrusion by Congress into presents to us is the question of wheth- this litigation. ongoing adjudication presents a separa- er to grant immunity to telecommuni- First, let me talk about the good- tion of powers problem. Let me go all cations carriers who may have assisted faith determination. I hope we can all the way back to why we set up the sep- the Government in this surveillance agree that if the companies did not act aration of powers in the first place. I program. reasonably and in good faith, they quote U.S. Supreme Court Justice On the one hand, the administration shouldn’t get protection. I hope we can Scalia specifically who said: has called for a blanket grant of immu- agree on that. We establish a simple The sense of a sharp necessity to separate nity to these companies. On the other procedure for the good-faith question the legislative from the judicial power tri- hand, others have proposed preserving to be answered by the FISA Court. We umphed among the Framers of the new Con- the status quo. We are proposing a in Congress should not be the judges of stitution prompted by a crescendo of legisla- more sensible, practical, middle path that. We are not judges. Good faith is a tive interference with private judgments of the courts. that does less constitutional damage judicial determination. This is ongoing and still protects the essential equities litigation. The companies have, of So the question of a legislature inter- involved. course, asserted to us that they acted fering with ongoing litigation was the The choice is to give immunity, to in good faith, but that is no basis for us live concern of the Founding Fathers stop the litigation, to end the claims to conclude that, and we surely should when they separated the powers. In a against the companies, and take away not rely on one side’s assertion in mak- case called the United States v. Klein, the plaintiffs’ case against them, which ing a decision of this importance. Most the U.S. Supreme Court threw out a is not fair. Nothing yet suggests this is Senators have not even been read into congressional statute that purported to not completely legitimate litigation. the classified materials that would provide the rule of decision in a par- The courts who are considering it allow them to reach a fair conclusion. ticular case, saying of this relationship haven’t thrown it out, it is in process This body is literally incapable of between the legislative and judicial right now, and it is not fair to the forming a fair opinion without access powers: plaintiffs to up and take away their by most Members to the facts. So we It is of vital importance that the legisla- day in court. Moreover, there is a huge need to provide a fair mechanism for a tive and judicial powers be kept distinct. It separation of powers problem of a leg- is the intention of the Constitution that finding of good faith by a proper judi- each of the great courts and departments of islature intruding into ongoing litiga- cial body with the proper provisions for the government—the legislative, the execu- tion, now before a judge, and taking secrecy, which the FISA Court has. tive, and the judicial—shall be in its sphere away active claims. We would be tak- Second, substituting in the Govern- independent of the others. ing away plaintiffs’ rights and claims, ment. Well, if it turns out the Govern- So I urge my colleagues who are con- taking away their due process without ment directed the companies to engage sidering this to consider the sensible even providing for the basic judicial in conduct that broke the law, the Gov- merits of this amendment, to consider finding that the defendant companies ernment is the proper authority. If the this is the morally right way to go for- acted reasonably and in good faith. companies acted reasonably and in ward, and further, to consider that it That damage suggests that blanket im- good faith but ended up somehow reduces considerably the risk that if we munity is not a great solution and, in- breaking the law because of what the go ahead and give these companies this deed, it may even be unconstitutional. Government directed them to do, the immunity, the companies end up with The other choice we have on the im- real actor is the Government. Lawyers a lawsuit, they end up with a case and munity question is to do nothing. But in this body will understand this is a statute that is thrown out because it consider this: the Government has for- analogous to a principal-agent rela- is unconstitutional, and in effect we bidden the telephone company defend- tionship. The Government is in effect create a snarl rather than a solution ants to defend themselves, claiming the principal, the company acting as for them. state secrets privilege. They have tied directed is the Government’s agent, So with that said, I would again like the companies’ hands behind their and under principal-agency law, the to say how very much it means to me backs in this litigation, muzzled them, principal is liable for the acts of the to be cosponsoring this amendment forbidden them to offer any defense. In agent. with the very distinguished Senator my view, that is also not fair, particu- So the simple solution contained in and former chairman of the Judiciary larly if the Government put these com- this amendment follows the law, it is Committee, Senator SPECTER of Penn- panies into this mess in the first place. founded in the Federal Rules of Civil sylvania. If the Government wants to forbid self- Procedure, and it fits the problem we I thank the Chair and I yield the defense by these companies, the decent face. Consider: No one has legitimate floor. thing for the Government to do would rights and due process summarily The PRESIDING OFFICER. The Sen- be to step into the lawsuit, and defend taken away. This is, after all, the ator from West Virginia is recognized. on their behalf. The Government United States of America. Mr. ROCKEFELLER. Madam Presi- should not leave legitimate American Two, if the carriers acted reasonably dent, I am reluctant to ask, but I must, companies in the judicial arena, bound and in good faith, the Government how much time remains before 4:30? and muzzled, unable to defend them- steps in for them. In fact, the carriers The PRESIDING OFFICER. There is selves, and not itself be willing to step get a judgment in their favor dis- 21⁄2 minutes before 4:30. in the ring and take over. So it strikes missing them from the cases. Mr. ROCKEFELLER. Wonderful.

VerDate Aug 31 2005 01:35 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.069 S06FEPT1 smartinez on PRODPC61 with SENATE S714 CONGRESSIONAL RECORD — SENATE February 6, 2008 Madam President, I simply rise to way FISA has always worked, and my wiretap purely domestic communica- say I will oppose this amendment and I amendment makes sure that the law tions without first obtaining a court will oppose it strongly and I think for stays that way. order. a series of very good reasons. But in There is broad agreement that com- But these kinds of statements are no spite of my eloquence and the ability munications known ahead of time to be answer when Americans’ basic liberties to talk very quickly, I simply cannot purely domestic should continue to be are at stake. ‘‘Trust us’’ is not enough. do the task in 11⁄2 minutes. So I ask governed by the standard FISA rules. unanimous consent to reserve my right Indeed, the Bush administration has FISA experts such as David Kris, a to speak further at the appropriate repeatedly stated that it does not in- highly respected former lawyer at the time before the vote. tend to use the new authority granted Justice Department and the author of The PRESIDING OFFICER. Without under the Protect America Act or this the leading treatise on FISA law, be- objection, it is so ordered. legislation to acquire communications lieve that the legislation is not clear The Senator from Missouri is recog- that are purely domestic, without ob- right now. And if the law is unclear, nized. taining a court order first. The admin- there will be tremendous pressure on Mr. BOND. Madam President, with istration acknowledges that when the the intelligence community to apply it the time so graciously allowed us by Government knows that all the parties as aggressively as possible, because it the proponents of this measure—and I to a conversation are in the United is their duty to do everything they can know it was not intentional—I will States, a specific court order should be within the boundaries of law. only say a couple of quick things. No. needed to intercept that conversation. As Mr. Kris recently stated, even 1, the courts are not precluded. The un- I haven’t heard a single Member of though the Intelligence Committee bill derlying bill, the bipartisan bill, per- Congress disagree with this point. But prohibits the targeting of persons mits lawsuits to go forward against the without this amendment, the FISA known to be in the United States, it Government and the Government em- bill’s new authority could be used to ‘‘does not, however, foreclose all sur- ployees. No. 2, there was notification of acquire purely domestic communica- veillance of [purely] domestic commu- the Big Eight—the ranking members tions without a court order. nications . . . because surveillance can and chairmen of the Intelligence Com- The bill requires the Government’s ’target’ an international terrorist mittees and the leaders—when this pro- ‘‘targeting procedures’’ to be designed group located abroad, but still be di- gram was started. No. 3, article 2 does ‘‘to ensure that any acquisition . . . is rected at a domestic telephone number give the President the power to exer- limited to targeting persons reasonably or other domestic communications fa- cise foreign intelligence collections. believed to be located outside the cility.’’ I would say to my colleague who has United States.’’ The problem arises be- Mr. Kris has said that his ‘‘principal been on the Intelligence Committee, if cause sometimes the ‘‘target’’ of the concern about [this bill] . . . is that it he doesn’t think Congress has been ef- surveillance may be abroad, but the resembles the Protect America Act in fective in overseeing programs, he has communications that the Government allowing surveillance of domestic com- not seen the committee that is chaired wants to acquire may occur entirely munications’’ without a warrant. This by Senator ROCKEFELLER and on which inside the United States, because the is a radical change to a FISA system I ride shotgun with him. The Judiciary subject matter concerns the target who that has protected Americans for three Committee—if it was not advised, the is abroad. The term ‘‘target’’ is not de- decades. If put to a vote, I have no Judiciary Committee’s primary respon- fined in FISA, but the legislative his- doubt that Americans would reject it. sibility is not intelligence. That is the tory states that the ‘‘target’’ is the Intelligence Committee. We get the person or entity ‘‘about whom or from This concern can’t be waved away by sensitive information. We spend a great whom information is sought.’’ That the administration telling us that it deal of time. We have reviewed it. We broad definition is capable of being in- takes a different legal view. When one believe it is a disaster for our intel- terpreted to allow surveillance of peo- of the top FISA experts in the country ligence collection to have substitution ple other than a ‘‘target.’’ says that the law is not clear, we because we would see our most sen- For example, the Government might should listen. sitive means of collection exposed. The believe that two Americans in the Promises about how the Government private parties that might have par- United States—let’s call them Tom and will interpret the law in the future are ticipated would be put through tremen- Mary—will discuss a third party who is not enough. If we all agree about a spe- dous economic and commercial harm located outside the country. Under this cific policy goal—and everyone should and subjected potentially to harass- bill, that third party can be a group, agree that in purely domestic-to-do- ment, and perhaps even terrorist at- not just an individual, and the Govern- mestic situations, the traditional FISA tacks, for having worked with us. ment can obtain a blanket warrant rules should apply—then we should be Therefore, I strongly urge that our that allows it to spy on everything very clear about that goal in the legis- colleagues defeat amendment No. 3927, that group does in the future. Although lation we write. Any FISA law that the Specter-Whitehouse substitution the authors of the bill have stated this Congress passes may set the rules on amendment. should not occur, the concern is that surveillance for years to come, and dif- Mr. KENNEDY. Madam President, when Tom and Mary talk to each ferent administrations may interpret the amendment that I have offered other, the Government might claim the ambiguous language in different ways. with Senators KERRY and MENENDEZ third party is the ‘‘target’’ who pro- My amendment makes clear that the addresses a serious problem with the vides the legal basis for the surveil- traditional FISA rules apply when the FISA bill that we are now considering, lance—with the practical result being Government knows ahead of time that and I am very pleased that it has been that the Government could listen in on the communication is purely domestic. incorporated into the bill by unani- the conversation without making any The amendment does not add any sub- mous consent. showing to any court about Tom and stantive changes to the law; it adds The amendment clarifies that under Mary. the new authority provided in this leg- My amendment protects innocent clarity and certainly where now there islation, the Government may not in- Americans by clarifying that tradi- is ambiguity and confusion. tentionally acquire a communication tional FISA rules still govern for com- Americans deserve to feel confident when it knows ahead of time that the munications known to be occurring when they are talking with their sender and all of the intended recipi- within the country. The Government friends, neighbors, and loved ones in- ents are located in the United States. could still spy on Tom and Mary—but side the United States that they will When the Government knows ahead of it would have to obtain a warrant first, not be spied on without a warrant. time that both the person making the with the usual exception for emer- Bringing clarity to this area of the law call and the person receiving the call gencies. is good for Americans’ liberties, and it are located inside the United States, it According to the administration, the is good for national security. I con- will have to get a court order before it law already requires this. The adminis- gratulate my colleagues for adopting can listen in on that call. This is the tration has said flat out that it will not this amendment.

VerDate Aug 31 2005 02:57 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.071 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S715 RECOVERY REBATES AND ECO- recognize that is going to have to be on the basis of the fact that if there is NOMIC STIMULUS FOR THE paid for, we are not going to walk out a capital gain, if we were to lower that, AMERICAN PEOPLE ACT OF 2008 of this slowdown we appear to be fac- they might invest more or they might The PRESIDING OFFICER. Under ing. The reality is that the model is recognize the gain they have today, the previous order, the Senate will re- the Japanese banking industry: When consequently, even generating taxes. sume consideration of H.R. 5140, which they refused to recognize the losses, We can index capital gains for infla- the clerk will report. what it did was impact their economy tion. That creates a stable investment The assistant legislative clerk read for 10 years. So the realities are that environment whereby business deci- as follows: there has to be an economic price when sions will invest in capital, create jobs, A bill (H.R. 5140) to provide economic stim- we have an economic excess. Our job which create salaries, which create in- ulus through recovery rebates to individuals, should be to make that as easy on our come, which create tax revenue. incentives for business investment, and an economy as we can, thinking about the We can markedly advance—much increase in conforming and FHA loan limits. future of our economy. more so than we have done in this Pending: Now, all the options that have been bill—depreciation schedules if we want Reid Amendment No. 3983, of a perfecting presented, when scored in the long to have an impact. We could go to full nature. term, have very little beneficial effect expensing for capital equipment for- Reid amendment No. 3984 (to amendment for the economy other than the psy- ever. We don’t have to stop it now. No. 3983), to change the enactment date. chology we are putting through. The What that would do is create invest- Motion to commit the bill to the Com- reason it is important to discuss alter- ment in capital goods in this country, mittee on Finance, with instructions to re- natives is because there is a way, which would create jobs, which would port back forthwith, with Reid amendment which is proven in economics, proven raise wages, which would create in- No. 3985. Reid amendment No. 3986 (to the instruc- in capitalistic societies, in free market comes, which would create tax reve- tions of the Reid motion to commit), of a societies, where you can generate stim- nues for the country. perfecting nature. ulus and revenue back to the Govern- There are other things we can do be- Reid amendment No. 3987 (to amendment ment so that, in fact, you solve the sides just send money out the door. We No. 3986), of a perfecting nature. right problem, the real problem, and can establish a repatriation window for The PRESIDING OFFICER. The Sen- you don’t bankrupt your children fur- corporate taxes overseas. The best way ator from Oklahoma is recognized. ther, which is what we are going to do to not ever have to deal with this again Mr. COBURN. Madam President, whether we pass the House bill or the is to have a corporate tax rate equiva- could the Chair explain the unanimous Senate bill. We are going to steal $150 lent to what is going on in the rest of consent order under which we are oper- billion or $190 billion from our grand- the world—have one at 25 percent in- ating? children. I think we ought to think stead of 35 percent so that we, in fact, The PRESIDING OFFICER. There is twice about that. Do we really, as sen- are competitive worldwide, so that cor- 45 minutes, evenly divided, to be fol- ior citizens, want to steal $600, to $800, porations don’t refuse to bring income lowed by 30 minutes, evenly divided to $1,200 from our grandchildren for us they have earned overseas back to this and controlled by the two leaders prior today? Do we want to do that? Is there country because we have an excessive to a cloture vote. another way in which we can stimulate tax on it, so they decide not to do that. Mr. COBURN. Madam President, I our economy without stealing from our Finally, what we can do is make the ask unanimous consent to be allotted kids and ultimately putting the money Small Business Administration work. 10 minutes to discuss the fiscal stim- back in so that our children don’t have Seven years ago, the impact of Govern- ulus package. to pay for this stimulus package? ment regulation on small business was The PRESIDING OFFICER. Is there There is. There are a lot of economic less than $4,000. It is $7,400 per em- objection? theories and experience in this country ployee. That is the impact of the Fed- Mr. BAUCUS. Reserving the right to that prove that. eral Government. That is not the taxes object, I understand that the Senator’s So let’s talk some about what we you pay, that is the impact of the regu- time will be charged to the Republican should be doing that we are not. In- lations in terms of the cost impounded side. stead, we are pandering to people, onto small business by the Federal Mr. COBURN. Absolutely. thinking they are going to get $600 or Government. The PRESIDING OFFICER. The Sen- $800, and we don’t have any idea other I will end with talking about the ator from Oklahoma is recognized. than to think a third of that money budget that was just submitted by the Mr. COBURN. Madam President, we might have a stimulus effect, but it administration. We are going to spend have heard a lot in the press, and we will have a negative effect in terms of probably $150 billion or $190 billion, and have certainly heard a lot from our what our kids have to pay back. we are not going to pay for it. We are own Finance Committee, and we have One thing we can do is create cer- not going to reduce any of the wasteful seen what the House passed in terms of tainty about economic decision- spending, including the inappropriate the stimulus package. making. We can extend the Bush tax payments in Medicare, and there is an- I think, once again, in our hurry to cuts. We can extend them so people other $40 billion in fraud. Medicaid has address a problem, we have not asked: will continue to make positive deci- $30 billion worth of fraud and another Are we fixing the right problem, the sions based on a tax rate they know is $7 billion in improper payments. Food problem in connection with the House there rather than one they know is stamps has $6 billion worth of improper leadership passing a bill that will spend going to go away in 2 years, which will payments, not counting the fraud. $150 billion. One of the first questions limit their investment. There is nothing associated with fix- we ought to ask is, Where is that Second, we can lower corporate tax ing what is wrong with the Govern- money coming from, the $150 billion? rates. We now have the second highest ment so that the American people get Nobody can dispute the fact that we corporate tax rates in the world. That value from it. We are going to throw are going to borrow that from our hasn’t been part of any discussion. We money at a problem rather than secure grandchildren; we are going to go to know that when we lower corporate tax the future for our children and grand- the markets and borrow the money to rates, we see increased investment, children. We can do better. We ought to stimulate our economy. Nobody will which increases the tax revenues for do better. We should not say we are dispute the fact that there is very lit- the country, and we also see economic just going to throw money at the prob- tle payback into the Treasury, in growth. So there is a positive there, lem. terms of tax collections, from this but it is not complete. There is a cost Let’s make long-term structural stimulus plan. associated with that, but at least there changes in the Tax Code that raise the The facts as they are, we had an over- is some feedback. But we have not con- opportunity for our children rather heated housing boom. We can deny eco- sidered that. than lower it by putting debt on their nomic reality, but until we mark the We have not reduced the capital shoulders. Let’s make the long-term market—the overinflated cost that has gains tax rate on corporations—the changes and tough choices of elimi- extended credit in our country—and people who invest great sums of money nating programs that aren’t working

VerDate Aug 31 2005 02:10 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.072 S06FEPT1 smartinez on PRODPC61 with SENATE S716 CONGRESSIONAL RECORD — SENATE February 6, 2008 effectively, or let’s refine programs bate checks to disabled veterans who for net operating losses for companies that are wasteful, not efficient, and don’t pay taxes. from 2 years to 5 years. Very simply, loaded with fraud. Let’s eliminate the And the Finance Committee amend- the bonus depreciation and expensing wasteful programs that account for ment would provide an additional 13 provisions help companies that make a $150 billion of money spent each year. weeks of unemployment insurance. profit—many companies during this Let’s get rid of the $30 billion in waste And high unemployment states would low economic growth time are not at the Pentagon. Let’s get rid of the $3 qualify for an extra 13 weeks. The making money—it seems fair they be billion we spend every year maintain- House bill does not provide an exten- included in the stimulus package, and ing buildings the Pentagon doesn’t sion of unemployment insurance. that is why it is very important that want. We don’t have a way to get rid of Almost a million more Americans provision be enacted. them, but we don’t have the courage to are unemployed today than were a year This provision will help the housing change the law. ago. And 69,000 additional unemployed industry, especially homebuilders, There are all kinds of ways to save a workers filed claims for unemployment from going belly up. There were a lot of couple hundred billion dollars a year, insurance just last week. loans made that should not have been but it means you have to ruffle some CBO found unemployment insurance made. The more we can show to the feathers. It is time we do that and do to have a big bang-for-the-buck. It acts American people that we are thinking the hard work, rather than the easy quickly to boost the economy. about them, that we are trying to add work. I heard my friend from Oklahoma. a stimulus to the Nation’s economy, Thank you for the opportunity to Frankly, all of the big ideas and great the better, including showing to the speak in terms of what I think is a ideas are ideas we cannot address at housing industry that by making a long-term way to resolve this economic this point. We have to act now, imme- change in the tax laws they can carry trough we appear to be facing. I am not diately. The President wants us to act back current losses to earlier profit- confident we are going to do it the now with the stimulus package. The able years so they can make payrolls right way. I think we are going to do it House wants us to act now. We in the and not have to go belly up. the politically expedient way, which Senate have to act now; that is, we I might add, we also in the Senate Fi- helps people get reelected but doesn’t have to get some rebate checks out to nance Committee package—the House fix the real problem. To me, to my re- the American people so they can spend does not do this—tighten up provisions gret, that is a sad misnomer for this those checks, those dollars, and prime that make it extremely difficult for il- body. the economy. legal aliens to get these rebate checks. I yield the floor. The Chairman of the Federal Reserve That is very important. It is not in the The PRESIDING OFFICER. The Sen- System has done his part by lowering House bill. We have that provision in ator from Montana is recognized. interest rates to help keep our econ- the Senate bill. Mr. BAUCUS. Madam President, the omy from going into recession, to help Finally, this is clearly the right book of Leviticus teaches: ‘‘Rise in the keep our economy from falling into thing to do. It is clearly right that 20 presence of the aged, show respect for high unemployment rates, because we million seniors and about 250,000 dis- the elderly, and revere your God.’’ are facing a time of slow growth, pri- abled veterans be included in the re- Today, the Senate can show respect marily due to the problems in the bate check program. We do that in our for America’s elderly. Today, the Sen- housing markets, the subprime prob- bill. There are some other provisions, ate can extend needed stimulus checks lems, which cascade into securitized but that is the core of what we are to 20 million seniors whom the House loans and which, frankly, were peddled doing here. left behind. in a way that caused a lot of investors Clearly, the House will accept these America’s seniors have earned the in our country to not know, frankly, changes, there is no doubt about that. right to get stimulus checks, every bit what they were investing in. The President can sign it, and we can as much as other Americans. They The Chairman of the Federal Reserve get this rebate program up and going. worked hard all their lives. They paid a System, Mr. Bernanke, also wants this We can get it passed very quickly. lifetime of taxes. They contribute to package now. He knows what he is I yield to the Senator from New Mex- the economy. talking about because he is, after all, ico, Mr. DOMENICI, for 6 minutes. And seniors can use the money. And probably the best economist in this The PRESIDING OFFICER. The Sen- because they can use the money, sen- country at the moment. The Chairman ator from New Mexico. iors are excellent targets for economic of the Federal Reserve System is say- Mr. DOMENICI. Madam President, I stimulus checks. Because they can use ing that, in addition to lowering rates, rise to outline my reasons for sup- the money, they will spend it quickly. we should have the stimulus package porting the Senate Finance Committee Americans over age 65 spend 92 per- passed. stimulus package. cent of their incomes. Households We on the Senate Finance Com- I have reviewed various proposals headed by a person over age 75 spend 98 mittee did improve upon the House- carefully. Clearly, the House-passed percent. That is higher than any other passed bill. We decided not to replace it package is simply unacceptable. I pre- group over the age of 25. And that but improve upon it, so that any dict that the House would not pass that means that a check sent to a senior changes we make can be easily folded bill again now that its flaws have been will have a greater bang for the buck in into the House-passed bill, and get the revealed. By denying rebates to Social terms of helping the economy. final product on the President’s desk Security recipients and veterans, yet The Finance Committee amendment very quickly. Nobody wants to hold up giving it to illegal immigrants, the would help 20 million seniors who were the stimulus checks or hold up stimu- House has produced something most left out of the House bill. The Finance lating the economy. So I am quite con- Americans would reject. Committee amendment would provide fident we will get this resolved quickly, I understand that in the rush to seniors with rebate checks of $500. The with improvements. produce the package, the House may underlying House bill would not help The research organization econ- not have completely vetted each and those 20 million seniors. omy.com found that each dollar spent every provision. So when I say it is And the Finance Committee amend- on extended unemployment insurance simply unacceptable, I believe the way ment would also provide rebate checks benefits generates $1.64 in increased I have outlined what probably hap- for 250,000 disabled veterans who re- economic activity. pened is true. They did a terrific job in ceive at least $3,000 in nontaxable dis- Don’t forget, we passed a bipartisan a short period of time. It is just that ability compensation. The Finance stimulus bill after 9/11, and that con- the product, unfortunately, had to go Committee amendment would make tained an extension of unemployment somewhere else, it had to come here, them eligible to receive the same $500 insurance. The President signed that and in coming here the good staff and rebate as wage earners and Social Se- bill. We should do the same now. others had to look at it in its entirety curity recipients. The Veterans Admin- Further, we are adding a provision— again, and they found what I described istration would distribute the rebate. it sounds technical, but it is simple— and the chairman of the full committee The House bill would not provide re- that would extend the carryback period described.

VerDate Aug 31 2005 02:10 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.073 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S717 I say to the chairman of the full com- Finance Committee proposal as soon as In terms of the issue of speed, it mittee, I am not on this committee, possible is important. We can pass the would behoove us to reject what has but I follow it, and I know what is in provisions by invoking cloture, not been called the Christmas tree package the final package. waiting until later in the year to try to out of the Senate Finance Committee Yesterday, the Institute for Supply pass them on a different vehicle. which substantially raises costs, Management reported that business ac- I have concluded that I will support spends more money, is much more tivity in the nonmanufacturing sector cloture on the Senate Finance Com- complicated than it would be to take of our economy contracted. That is the mittee proposal, recognizing that a up the House-passed bill which can be part of the economy that has been conference with the House is likely and done more quickly. holding everything together. It had not that both Chambers will be able to I don’t mean to be pejorative when I been contracting; now it has. The level fine-tune the ultimate package and get talk about a Christmas tree, but that of that key indicator is now at its low- it quickly to the President. I hope that is pundits talk about a bill that starts est level since 2001. Right after the ter- is the case. The House had its turn. We out relatively small, but because Mem- rorist attacks of September 11, the will now have our turn. Then there will bers have favorite adds to make to it, stock market dropped 370 points and be a conference which will have to be which is another favorite pundit investors continued to move into called in any event, but they will now phrase, things we like to add to the ultrasafe areas, such as Government be operating under the gun, meaning bill, we end up with a bill that started bonds. getting something done quickly or out small but ends up looking like a Last week and earlier this week, we they will lose all credibility. tree with a lot of ornaments on it. had more information about a dev- I am hopeful I have chosen the right Remember when Speaker PELOSI and astated housing industry and the an- path. I know it is a difficult one for Leader BOEHNER and the President nouncement of bankruptcy of a major many who think I should do otherwise. struck the agreement they did that home building firm. Last Friday, the I respect all of them, but I made my de- passed the House with 38 negative Government reported that the Nation cision on what is best for New Mexico votes, there was a recognition this suffered a decline in job creation for and what is best for America as I see it. needed to be done quickly and cleanly. the first time in 4 years. I thank the chairman for yielding me There were just three working parts In short, we clearly face the possi- time. I yield the floor. to this legislation. Members of the bility of a recession. Worse, this reces- Mr. BAUCUS. Madam President, I House had a lot of other great ideas. sion may dovetail with the present commend and thank the Senator from There are a lot of other items they near freeze in credit markets. And New Mexico. He is making a coura- would have wanted to put on it, but when that happens, none of us knows geous decision. More often than not, their leaders convinced them to get bi- how these two things may interact and when somebody makes a courageous partisan support. It was very impor- what it may bring to us. decision, it clearly is the right thing to tant to keep the package trimmed A prudent person would do as the do. It is easy to not make the coura- down to the point where Secretary House has done and has been proposed geous decision. Sometimes it is hard to Paulson believed it would actually ben- by the Senate and pass a stimulus make a courageous decision. He is efit the economy and not add extra- package that will get money into the making a courageous decision. I thank neous spending and elements. economy as soon as possible and will him and I know the people of New Mex- What happened when the bill came to target particular sectors especially ico are proud of him for standing up the Senate Finance Committee on hard hit. The question isn’t whether we should and doing what he is doing. which I sit? I haven’t added it up, but have a stimulus package. The question The Senator from Arizona seeks rec- some have said there is $40 billion in is, which do we prefer? The first thing ognition. additional costs, in additional spend- to look at is the cost. The Senate Fi- The PRESIDING OFFICER. The Sen- ing, and I will talk for a moment about nance Committee package, as amend- ator from Arizona. some of that spending. Those who are Mr. KYL. Madam President, first, let ed, will cost $158 billion. The House- concerned about adding to the deficit me say that one of the points made by passed package was $146 billion. In a need to be concerned about the addi- $14 trillion economy, a difference of $12 my dear friend from New Mexico is tional cost of this bill. Some of that billion is insignificant, almost a round- backward. We need to deal with this spending has to do with some tax cred- ing error in an economy clearly the issue in a speedy fashion. There is one its for various kinds of businesses that size we have. Both packages cost about point that unites everybody with re- have no stimulative effect whatsoever the same. gard to this stimulus package: If it is and are being done to either please cer- Second, it seems to this Senator that not done quickly, its stimulative effect tain legislators or to find a vehicle for speed is the important ingredient. diminishes effectively, and there is a something. Therefore, if we invoke cloture on the point at which it will not have the For example, there is something like Senate Finance Committee package be- stimulative effect people would like. $100 million that is owed to some coal fore us, we can move quickly and move Therefore, speed is of the essence. companies in the United States. They toward a Senate-passed package. One of the points about the Finance have not been able to find a legislative Third, I believe the Senate Finance Committee package is, of course, if it vehicle to get the money appropriated Committee bill spreads the rebates, in- were to pass, we would have to go to a so they can be paid their $100 million. cluding veterans and Social Security conference committee between the So this was thought to be perhaps the recipients, and making sure no illegal House and the Senate which would ob- right kind of vehicle to do it on. immigrants receive the rebates. viously delay this process. I don’t know Apparently they are owed $100 mil- Fourth, the committee recommenda- how long it will take to get to con- lion and we need to send it to the coal tions will give a strong boost to hous- ference or how long a conference com- companies, but that has nothing to do ing and home building through its net mittee will take, but it could be a with stimulating the economy. It is operating loss provisions. We cannot lengthy process taking us beyond the payment for a past debt for a court ignore the weight that the collapsing February recess which means that, case. But one of the Members wanted it housing market and home building sec- clearly, we will be talking about weeks in this bill and, as a result, it got put tor have had on our economy and loss to get this bill to the President. in the bill. That is not a stimulus pack- of jobs. Were we, on the other hand, to follow age for the American people. It used to be common knowledge that Leader MCCONNELL’s advice and reject Then there was a group of tax breaks. you would not have a robust American the Senate Finance Committee pack- What are some of the tax breaks for economy without a robust home build- age and move to a modified version of businesses? One is a tax break so we ing sector accompanying it. That may the House-passed bill, we could get can build more efficient homes. One of still be true. We have had a robust that to the House which could pass it, our problems in our economy is we housing economy until now. send it on to the President, and be done have a glut of housing on the market Finally, I believe the passing of the with it. That can all happen, frankly, right now. So we are going to make a energy tax provisions in this Senate by the end of this week. tax break so folks can build more

VerDate Aug 31 2005 02:10 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.078 S06FEPT1 smartinez on PRODPC61 with SENATE S718 CONGRESSIONAL RECORD — SENATE February 6, 2008 homes to put on the market to add to vent that from happening is to do sen- I yield 2 minutes to the Senator from those that already exist, as well as sible policy in the meantime to try to Arkansas, Ms. Lincoln; 2 minutes to commercial buildings. obviate that situation. And the Sec- the Senator from Ohio, Mr. BROWN; 2 There has been a lot of talk about retary of the Treasury and the Presi- minutes to the Senator from North Da- the rich getting too much in this pack- dent and the House of Representatives kota, Mr. DORGAN; and 2 minutes to the age. One of the tax breaks is to remove clearly believe the best way to do that Senator from Minnesota, Ms. the income limit for people who can would be to pass the stimulus package KLOBUCHAR. now, under the Finance Committee that doesn’t have this additional $30 The PRESIDING OFFICER. Without bill, take a tax break for investments billion in unemployment extension objection, it is so ordered. they have made in marginal oil and gas added to it. Mr. BAUCUS. Madam President, I wells. Maybe that is a good idea. I The final point I wish to make is that yield to the Senator from Arkansas. don’t know. But it clearly has no place there is some concern that there are The PRESIDING OFFICER. The Sen- on a stimulus package. politically popular things in the Fi- ator from Arkansas is recognized. My point is that the Finance Com- nance Committee package and it is Mrs. LINCOLN. Madam President, a mittee did a variety of things which hard to vote against those politically special thanks to the chairman for all Members wanted done. They may or popular things. I think the Senator his hard work. may not represent good policy, but from Montana made a good point a mo- As we look across this great Nation, they have nothing to do with the stim- ment ago in reference to a different we all understand our economy needs ulus and simply add costs to this bill. matter, that when you do something as some help, and that is why the Senate Remember, this is all borrowed money. a matter of conscience, and it is hard Finance Committee quickly took up So it takes us further into a deficit sit- to do, usually it represents good policy. the economic stimulus package which uation. This is a case where the House of Rep- the House and the administration had One of our colleagues on the com- resentatives was willing, on a bipar- put out there. I have to give an incred- mittee pointed out that these energy tisan basis, under the leadership of ible compliment to our chairman and tax breaks actually are part of a larger Speaker PELOSI and Leader BOEHNER, ranking member, Chairman BAUCUS bill, which I support, called the extend- to put together a package, with the ad- and Senator GRASSLEY, who went about ers package and, indeed, that is true. ministration, in the kind of bipartisan- this in such a thoughtful way, making What is the extenders package? The ex- ship our constituents would like to sure there was no pride of authorship tenders package is a package of legisla- have us engage in more often, in order but recognizing what we had to do was tion that each year we pass without to pass a bill quickly, that could be to improve on this bill, to improve on question to ensure that various kinds sent to the President quickly, and they what the House had done in such a hur- of tax provisions remain in the Tax did that even though I am sure many of ried fashion, in order to be sure we Code, such as the research and develop- them were tempted to add all kinds of didn’t leave people out. This is very ment tax credit and a variety of provi- other politically popular things to it. thoughtful with respect to the econ- sions such as that. I asked for unani- Now the attention turns to the Senate, omy and the long-term debt issues out mous consent to offer that in com- and are we acquitting ourselves as there, to keep a package that was mittee and it was rejected. We do well? I daresay not, if this Christmas small and reasonable, yet was com- know, however, for a certainty, that is tree package from the Finance Com- prehensive for the task that it had. going to pass this Congress. So these mittee is adopted on the Senate floor. The package Speaker PELOSI and energy provisions, even to the extent Instead, our constituents will look at President Bush put together was a people want them, are going to become us as the folks who slowed it down; we good start, but, unfortunately, there law, but they don’t have to be put in added a bunch of spending to it. were some very important changes the stimulus package to drag it down. The American people are already that needed to be made, and most nota- The other big expense added in the skeptical that getting a $500 or $700 re- bly some very hard-working and de- Finance Committee was the extension bate check is going to help stimulate serving Americans were disqualified of unemployment. The Secretary of the the economy. But clearly they are from the stimulus rebate under their Treasury and other people in the ad- going to look at the additional spend- proposal: our seniors living on Social ministration will tell you, in their ing, the increased hit to the deficit, Security income and our disabled vet- view, this stimulus package could add and wonder whether we were simply erans. Why in the world would we want anywhere from a half percent to three- acting in a political way rather than in to leave behind this group of such im- quarters of a percent of growth to the a way best for the country. portant Americans—fabrics of our So my view is we would be far better GDP, if it is done very quickly and American family, people whose backs served to do what is the best policy, very cleanly. However, adding the un- this country was built on and protected and that is to reject the Senate Fi- employment extension, $30 billion or so by—20 million seniors and at least a nance Committee package as too to it, would eliminate the effect of a quarter of a million veterans who we much, more than the traffic can bear in stimulus that otherwise would be pro- this case, and to go back to the version know should qualify? The fact that vided. So the irony is that by adding of the House of Representatives, which there are disabled veterans who might the unemployment compensation ex- would be modified ever so slightly, to qualify for that rebate is certainly rea- tension provision here, we actually re- send it back to the House to imme- son enough to make sure we go back move whatever stimulative effect there diately pass it and on to the President and get it right. I have no idea why the is in the bill, and we are right back to and get this done. other side would not want to do that. a bill that ends up, as I said, looking My personal view is the kind of This is not the only thing we intend like a Christmas tree. spending that is involved in the Fi- to do to stimulate the economy, but it Right now, unemployment nation- nance Committee package will actu- is the jolt we need. The Senator from wide is 4.7 percent. We have never ex- ally act to the detriment, not to the Oklahoma was worried it was the only tended unemployment benefits when benefit, of stimulating the economy, thing. No. No one thinks this is the unemployment was at that low a level. and that is why it should be rejected. only thing we are going to do. We are It has always been in the neighborhood In a few moments, we are going to going to follow with a farm bill, which of 6 percent or above, maybe a little have a chance to vote on this, and I will put an immediate stimulus into below that, that has caused us to ex- hope my colleagues will vote no on the our rural areas. We will be looking at tend unemployment benefits. So there motion for cloture to bring up the Fi- the energy tax package and a host of may well come a time, if we can’t get nance Committee-passed package of others—No Child Left Behind, which the economy moving in the way we the stimulus bill. has been underfunded a tremendous want it to, that there would continue The PRESIDING OFFICER. The Sen- amount. to be stress in the employment sector ator from Montana. The Senate Finance Committee took and people might actually begin losing Mr. BAUCUS. Madam President, I action quickly to address the inequi- more jobs, in which case we might have have a number of Senators seeking rec- ties of the Pelosi-Bush package, and I to extend it. But the best way to pre- ognition. am glad they did. The chairman and

VerDate Aug 31 2005 02:10 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.080 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S719 ranking member did an excellent job, should think of it in terms of a family I know we are all going to get this and I hope my colleagues will recognize sitting around a supper table and they done, but I believe it is very important we have a one-time shot at making are talking about who is going to get we not neglect the seniors, 600,000 sen- sure the Americans understand what it this rebate. So somebody says: Well, iors in Minnesota. I have always be- is we are doing: stimulating and jolting you know what, let’s make sure lieved this is a country where we wrap the economy and making it fair. grandpa and grandma don’t get it. our arms around the people who have The PRESIDING OFFICER (Mr. Let’s not give grandpa and grandma a been there for us—our seniors and dis- SALAZAR). The Senator’s time has ex- rebate. They don’t need to be in it. And abled veterans. When these guys signed pired. by the way, Uncle Carl is unemployed. up for war, there wasn’t a waiting line. The Senator from Ohio. He doesn’t need it. He ought not get a Why would we put them at the end of Mr. BROWN. Mr. President, I appre- rebate. Or Cousin Ralph, he is a dis- the line when we are looking at these ciate the words of the Senator from Ar- abled veteran. He is not going to need rebate checks? kansas. They are good words. a rebate. So I believe it is important we move We have an opportunity to both Do you think any family sitting forward with the Senate finance pack- jump-start our economy and solve the around a supper table would make age, which does some very good things, problems staring us right in the face. It those choices; that they are going to as the Presiding Officer knows, for the is the difference between investing in throw grandpa and grandma off the State of Colorado, to promote energy— our Nation’s economy and investing train and the disabled veteran who renewable energy, and wind and solar— wisely in our Nation’s economy. Of served this country and put his life on and I wish to move forward with it. But course, we should invest wisely. the line? I believe that long after these rebate We have an opportunity to put So here is the deal. We are told by checks are cashed, we are going to have money into the pockets of almost some: Well, you know, they haven’t to change it for the long term. This every American or just some Ameri- earned income, so, therefore, they are means rolling back those tax cuts for cans. We can exclude retirees, we can not going to qualify for this rebate. Oh, the wealthiest people, making over exclude disabled veterans, or we can in- really? You haven’t earned your Social $200,000 a year, investing in our infra- clude them. Obviously, we should in- Security check? Seems to me that is a structure, and moving this country in clude them. lifetime of earning. You didn’t earn the right direction. The Reid amendment incorporated in your disability payment? You earned it I yield the floor. the Finance Committee proposal sends by putting your life on the line for this The PRESIDING OFFICER. The Sen- rebates to the homes of 21 million sen- country. ator from Tennessee. ior citizens, 250,000 disabled veterans, So let’s include the 20 million people Mr. ALEXANDER. Mr. President, let and thousands of unemployed who who are senior citizens, many of whom us remember that the stimulus pack- don’t get a dime in the House bill. live near poverty trying to stretch age we are considering is a plan agreed Now, some decided they wanted to their reasonable income—in many to by the Democratic Speaker of the label this bill a Christmas tree. It is al- cases a very small income—through House, the Republican leader of the ways what you do if you don’t like the the month to pay for both food and House, the President of the United provisions in something. Anyone who medicine. Let’s include senior citizens, States, and about 400 Members of the thinks it is Christmas morning in these let’s include veterans who are being House. It is one that is timely, tar- households is sadly mistaken. paid veterans disability, who otherwise geted, and temporary which will help would not be included. The Reid amendment is inclusive and people keep more of their own money And let’s do what we have always sends money to individuals who will and help small businesses to have more done during economic downturns: Let’s spend it. In a stimulus package, you extend unemployment benefits. That is money to create jobs. stimulate the economy, and in times of What began as a package to stimu- the economic stabilizer we have always recession you help those who have been late the economy in the House of Rep- used. Let’s do the right thing and vote hardest hit by the recession. It is resentatives has become an excuse for for the finance bill and move it into smart and it is right. conference. Let’s do that now. spending money in the Senate. That is The Finance Committee package pro- This is not a tough vote. We know why I hope we will reject the Senate vides extended unemployment benefits what the right thing is. Finance Committee proposal. It is too for those who are looking for jobs in a I yield the floor. expensive, spends too much money, and sluggish economy. Thousands of Ohio- The PRESIDING OFFICER. The Sen- it doesn’t stimulate. The goal should ans lost their jobs not because they ator from Minnesota. be to move quickly, to show the Amer- wanted to, but they have lost their jobs Ms. KLOBUCHAR. Mr. President, for ican people we can act in a bipartisan and they are looking for some help as 8 years, I served as the chief prosecutor way and get a good result that is to they try to return to the workforce. for Minnesota’s largest county, and we their benefit. The Finance Committee Economists have confirmed that is the had something we said when we were proposal does not do that. most potent strategy for stimulating working on white-collar cases. We said: I spoke with Senator MCCONNELL, the economy. You put money into the Follow the money. Follow the money. who suggests we simply amend the economy to stimulate the economy, Is it going where it is needed? That is House bill by adding the seniors and you particularly put money into the what I ask today. I would say with the the disabled veterans and send it back, pockets of those who will spend it—dis- Senate finance package it is. send it to the President, and show the abled veterans, senior citizens, and un- I hope that as Congress works on this American people we can move prompt- employed workers who need extended package, we will work to redirect the ly to give a boost to the economy. benefits. It makes sense and it is the money to new priorities for America. I thank the Chair, and I yield the right thing to do. At the same time, the urgent need for floor. I thank the Chair. America to get our economy moving Mr. KENNEDY. Mr. President, I com- The PRESIDING OFFICER. The Sen- forward again is deep and it is long. I mend Senator REID and Senator BAU- ator from North Dakota. saw it last month, when I was touring CUS for their leadership in getting Mr. DORGAN. Mr. President, we are around our State, visiting 47 counties, stimulus legislation to the floor so required from time to time to make visiting solar panel factories down in quickly. It is not a moment too soon. tough votes in the Senate, but this southern Minnesota, up at a turkey In recent weeks, the many warning isn’t one of them. This is not a tough processing plant, and I can tell you signs of a troubled economy have vote. The question is, Shall we try to people want to move forward with this turned into loud alarm bells that we stimulate the economy? The answer, economy, but they feel our Govern- cannot ignore. clearly, is yes. I think most people feel ment has not been supporting them. Last week’s worrisome GDP figures we should do that. That is why we put together the Senate show that economic growth has ground So then, if we are going to give a re- stimulus package, which is targeted, to a near halt. Savings are plum- bate, some kind of rebate to people who which is temporary, and which is going meting. Debt is rising. The Fed has cut should get the rebate, perhaps we to be timely. short-term interest rates more rapidly

VerDate Aug 31 2005 02:10 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.082 S06FEPT1 smartinez on PRODPC61 with SENATE S720 CONGRESSIONAL RECORD — SENATE February 6, 2008 than at any time in its history. For the There are nearly two unemployed make ends meet, and families across first time in years, we are losing more workers for every job opening across the country are feeling the painful jobs than we are producing. It is clear the country. squeeze. that we are facing an economic crisis Because it is becoming much harder In the face of these economic pres- that will present enormous challenges to find a job, many more families are sures, workers are struggling to keep in the months and years ahead. finding that our unemployment insur- their families warm. The winter has This crisis will affect every man, ance system doesn’t provide enough been bitterly cold in many parts of the woman, and child in our country, but it support. Across the country, 37 percent country, and the cost of heating oil is will be particularly hard on the mil- of workers are running out of benefits rising so rapidly that it is impossible lions of families who are already strug- before finding a job, and more will fol- to keep up. Since last year alone, the gling who are having trouble finding low as the recession deepens. Mr. Presi- price of a gallon of heating oil has in- work, heating their homes, and paying dent, 2.6 million people ran out of bene- creased by more than 40 percent. A typ- the mortgage. For these families, a re- fits in the year ending in October of ical household may have to spend $3,000 cession isn’t just part of the business 2007 that is far more than before the or more on heating oil this winter. cycle—it’s a life-altering event from last recession. Our Senate HELP Committee held a which they may never recover. These shocking numbers represent field hearing on fuel assistance in Bos- Already far too many families are on real hardship for millions of hard- ton last month. One of our witnesses the brink. Unemployment has sky- working people across the country. It was Margaret Gilliam, a senior citizen rocketed more than 7.6 million Ameri- is all too easy for a job loss to turn taking care of her grandchildren in cans are looking for work but can’t into a financial crisis, and many fami- Dorchester. She has already spent find a job. Foreclosures are rising lies never fully recover. In the last re- $4,000 on heating oil this winter, which 200,000 families each month are at risk cession we saw the real impact of un- is nearly as much as she spent all last of losing their homes. Bankruptcies employment on working families par- year, and there are still 6 or more soared by 40 percent last year, and ex- ents cutting back on spending for their weeks of winter to go. perts predict they will rise even faster children, or even pulling older children She told us that she tries to make in 2008. out of college to cut back on expenses. each Social Security check stretch by Our actions today are vital for the We saw teenagers who should be in asking her fuel company to deliver just entire economy, but they are most school forced to take jobs to help sup- 50 gallons at a time, because she can’t critical for these struggling families. port their families. afford to pay to fill her tank. Most Our decisions will help determine To prevent this downward spiral, we often, heating oil companies will not whether they keep their homes, wheth- must act immediately to shore up the deliver less than 100 gallons. er their teenagers stay in college, and safety net for families struggling to Even for those fortunate enough to whether their children go to bed hun- find work. These workers have paid have fuel assistance under LIHEAP, gry. into the system for years. It is wrong the benefits will cover less than a third The current recession is a major to abandon them when they need our of these costs. Most households won’t turning point for our country. We have help the most. get any help at all—of the 35 million to choose a path out of this crisis, and The Senate bill is a major step for- households eligible for fuel assistance the path we choose will determine the ward. By extending unemployment nationwide, fewer than 6 million re- kind of America we will be for years to benefits for up to 13 weeks, and pro- ceive these benefits. come. Do we choose to help some, or do viding as much as 13 additional weeks The high cost of basic essentials we choose to help all? Do we choose a of benefits in high-unemployment forces families to make impossible path of shared prosperity, or a path States, we provide an immediate boost choices between paying for fuel, paying that leaves countless hardworking fam- for our economy. And, at the same for groceries, paying for health care, or ilies behind? time, we help working families weather paying their mortgage. If parents These are questions of basic fairness, the storm. choose to keep their children warm and and the American people understand Economists agree that extending un- fed, they risk losing their home. The fairness. They don’t want to see their employment benefits is a powerful, lack of even a small amount of assist- friends and neighbors who are strug- cost-effective way to stimulate the ance—just an extra 100 or 200 gallons of gling get left behind. They want us to economy. Every dollar invested in ben- fuel oil—can mean the difference be- do what is right for all. efits to out-of-work Americans leads to tween security and homelessness. Today we have the opportunity to a $1.64 increase in growth. That com- There are simple steps we can take to take a few basic steps forward to dem- pares with only pennies on the dollar end this ‘‘perfect storm.’’ One of the onstrate our commitment to a fair for cuts in income tax rates or cuts in most important is the provision in the economy. taxes on investments. Senate bill providing additional home First, we have to tackle unemploy- I hope that all of my colleagues will heating assistance for families strug- ment. It is clear that no matter what join me in supporting an extension of gling to stay warm this winter. Mr. we do to boost economic activity, we unemployment insurance benefits. It’s President, $1 billion in additional will continue to have a significant un- an essential solution that will LIHEAP funding will help 2.8 million employment problem for at least the jumpstart our economy and help fami- families pay their heating costs and next 2 years. Goldman Sachs predicts lies in crisis get back on track. make it through the winter. Helping that the national unemployment rate Unfortunately, jobless families are families meet this basic need is also will rise to 6.5 percent by the end of not the only ones facing tough times. one of the quickest ways to jumpstart 2009. Many States around the country Millions of families today are facing a the economy. An increase in LIHEAP are already struggling with high unem- ‘‘perfect storm’’ of high costs and low benefits takes as little as 2 weeks to ployment. Michigan’s unemployment wages. Every bill that comes in the get to the pockets of working families. rate is 7.6 percent. South Carolina’s is mail just adds to the flood, until every- This year, we provided a significant 6.6 percent. Ohio just hit the 6 percent one ends up completely overwhelmed. increase for LIHEAP. But it is far from mark as well. Working families are being swamped enough and we still have a long way to Workers who lose their jobs are hav- by the extraordinary increase in the go to get to the program’s authorized ing much more trouble finding work cost of living. On President Bush’s level of $5.1 billion. now than before the last recession. watch, the price of gas is up 73 percent. It has been said that some people Today, 18 percent of workers have been Health insurance costs are up 38 per- know the price of everything but the looking for a job for more than 26 cent. College tuition costs are up 43 value of nothing. How else can you ex- weeks, compared to only 11 percent in percent. Housing costs are up 39 per- plain the administration’s latest budg- 2001. This problem is affecting workers cent. Yet in the face of these sky- et request which cuts the program by across the economic spectrum even rocketing costs, employees’ wages have 22 percent? those with college educations and been virtually stagnant, rising only 5 LIHEAP represents a tiny fraction of years of experience can’t find work. percent. Family budgets can no longer 1 percent of the entire Federal budget.

VerDate Aug 31 2005 02:10 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.084 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S721 Yet it does so much for those most in I hope that each and every one of my am pleased this economic stimulus need. colleagues will listen to their con- plan includes two tax provisions which Programs like LIHEAP are the best science, do the right thing, and support Senator SNOWE, who serves as the economic stimulus money can buy. But the kind of stimulus that will help all ranking member of the Committee, and even if they werem not, we would still Americans achieve better days ahead. I believe will help small businesses. have an obligation to support them— Mr. KERRY. Mr. President, first I The first provision doubles the amount simply because it is the right thing to would like to thank Senate Finance of business purchases that a small busi- do. Committee Chairman BAUCUS and ness can write-off from $125,000 to Finally, there is widespread agree- Ranking Member GRASSLEY for their $250,000 for 2008. This will provide an ment that we need to put money into prompt action in developing this eco- incentive for small businesses to pur- workers’ pockets to encourage con- nomic stimulus package. Last week, chase more equipment and expand sumer spending that will boost our de- the House passed an economic stimulus their business. clining economy. The Senate bill in- package. Although it was not perfect, The second provision expands the cludes a tax rebate to do just that. it did provide us with a solid founda- carryback period for net operating In order to create an effective stim- tion from which to build a comprehen- losses, NOLs, from 2 to 5 years. This ulus, any tax cut must be designed to sive bill in the Senate. I believe the Fi- targeted provision will help businesses give the money to those who are most nance Committee proposal that is be- address losses. By allowing NOLs to be likely to spend it immediately—middle fore us today makes a number of cru- carried back for a longer period of and low income families who are cial improvements to the House time, business owners will be able to strapped for cash because of these dra- version. For that reason, I urge my col- balance out net losses over years when matically higher costs. leagues to vote to invoke cloture on the business has a net operating gain, These families are the ones who need the Finance Committee economic stim- helping small businesses with their the help the most, and the dollars they ulus package. cash flow. Any action we take to foster receive from a one-time tax cut will be The Finance Committee package was their growth benefits our economy as a quickly spent. The money will be used designed in a bipartisan manner to im- whole. to buy things they need but currently prove upon the House bill, not to add At the Real Estate Roundtable ear- cannot afford. In contrast, wealthier ‘‘pet projects’’ or so-called ‘‘goodies.’’ lier last week, Treasury Secretary taxpayers already have the money to Our goal is not to delay the passage of Paulson said, ‘‘the U.S. economy is un- purchase what they need. A tax rebate an economic stimulus bill, but to pro- dergoing a significant housing correc- for them is much more likely to be de- vide a package that will provide a gen- tion. That, combined with high energy posited in their saving accounts than uine stimulus that is targeted to Amer- prices and capital market turmoil spent. Unless the tax cut is spent, there icans who need our help the most. Ac- caused economic growth to slow rather will be no increase in economic activ- cording to the Center on Budget and markedly at the end of 2007, as re- ity generated. Policy Priorities, the Senate package flected in the gross domestic product That is precisely what the rebate would not delay, but accelerate the de- proposal in the Senate bill will do— numbers.’’ The GDP fell from 4.9 per- livery of a stimulus. cent in the third quarter of 2007 to only provide direct assistance to the mil- The Finance Committee makes im- 0.6 percent in the last quarter. lions of working families who are feel- provements in the following areas: A strong economic stimulus package ing the squeeze of this economic down- structure of the rebate; business tax in- needs to address the root of the prob- turn the most. They work the hardest, centives; housing; unemployment in- lem—the housing crisis. The unex- and they deserve our help. They are surance; and funding for LIHEAP. Low- pected losses on subprime mortgages also the ones who will spend the money income families should not receive a and the breadth of the exposure has most quickly, for necessities they oth- smaller rebate just because they do not created uncertainty in the economy. erwise couldn’t afford. have taxable income. These families Homeowners facing higher interest The Senate package also includes need our help and economists that tes- rates on the subprime adjustable-rate needed relief for seniors and disabled tified before the Committee have mortgages, ARMs, and lower housing veterans. Both of these populations pointed out the potential for this in- live on fixed incomes. Rising prices vestment to truly aid in kick-starting prices are having trouble refinancing. means a choice between buying food or the economy. The Finance Committee Approximately 1.7 million subprime needed medication. These Americans will provide a $500 rebate to all eligible ARMs worth $367 billion are expected have sacrificed so much and worked so singles and $1,000 to married couples. to reset during 2008 and 2009. hard to build up our country, and they The Senate Finance rebate is struc- Owning your own home is the founda- deserve our best efforts to help them tured in a manner which will allow sen- tion of the American dream. Home weather the storm. ior citizens receiving Social Security ownership encourages personal respon- In all of these respects, the Senate benefits without taxable income to be sibility, provides financial security, bill makes major improvements over eligible for the rebate. Senior citizens and gives families a stake in their the measure passed in the House of are facing the same increases in food neighborhoods. According to the Mort- Representatives. It is fairer, and it pro- and energy prices as are other Ameri- gage Bankers Association’s National duces a greater stimulus effect by pay- cans and cannot be left out of the pack- Delinquency Survey, there were rough- ing low and moderate income workers age. Many seniors in Massachusetts ly 2.5 million mortgages in default in the same size tax rebate that more af- live on fixed incomes. They struggle to the third quarter of 2007—an increase fluent taxpayers would receive. It also pay their medical and heating bills. of about 40 percent when compared to extends the tax rebate to include 20 Unfortunately, 20 million seniors the same quarter in 2005. million retirees struggling to make were left out of the tax rebate in the A few weeks ago, I held a roundtable ends meet. The Senate bill will provide House-passed stimulus bill. When we discussion on the economy in Massa- 14 billion more dollars in tax cuts to are contemplating distributing stim- chusetts. Jim Harrington, the Mayor of households with incomes below $40,000. ulus checks broadly across most Amer- Brockton, MA, told me that his city That is the best way to get the Amer- ican families, it would just be wrong had 400 foreclosures last year and ex- ican economy moving again. not to include 20 million seniors of the pects 400 more this year. In the City of There is no question that every fam- Greatest Generation. Boston, there were 703 foreclosures in ily in America is struggling in today’s Not only does the House passed eco- 2007 after just 261 in 2006. The dramatic economy, and that they face difficult nomic bill exclude seniors from re- increase in foreclosures in cities across times ahead. But today we have a bates, it excludes 250,000 disabled vet- the nation are lowering revenues and choice about how to move forward. Do erans who do not file a tax return. making it more difficult for them to we do what it easy, or do we do what is There is no valid reason to leave out respond to the housing crisis. right? Do we go part way or do we do those who were wounded while serving The Finance Committee amendment what it takes to add dignity to the their country. includes a provision to provide $10 bil- lives of all of America’s working fami- As Chairman of the Committee on lion for mortgage revenue bonds. This lies? Small Business and Entrepreneurship, I provision is based on a bill introduced

VerDate Aug 31 2005 02:57 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.085 S06FEPT1 smartinez on PRODPC61 with SENATE S722 CONGRESSIONAL RECORD — SENATE February 6, 2008 by Senator SMITH and myself. It passed need for families to choose between mittee. They were contributions by in the Finance Committee by a 20–1 food and energy costs—a choice no members on each side. We improved vote. It is also important to note that family should ever face. the business stimulus provisions as President Bush, during his State of the Home heating prices in Massachu- well. Union Address, asked the Congress to setts are 44 percent higher today than Our goal was a bipartisan economic provide additional authority for mort- they were just 1 year ago, and thou- stimulus package. The committee gage revenue bonds and included a sands of families will have difficulties worked its will and improved the bill. similar provision in the budget for fis- paying their heating bills this winter. The committee bill responded to the cal year 2009. Massachusetts families will be able to needs of Americans and business and, if Specifically, this provision would benefit by approximately $22 million enacted, would provide a very much provide $10 billion of tax-exempt pri- from this proposed increase in LIHEAP needed boost for the economy. vate activity bonds to be used to refi- funding. The best proof of this point is the nance subprime loans, provide mort- Mr. President, once again, I would concession by opponents of the Finance gages for first time homebuyers and for like to thank Chairman BAUCUS for his Committee bill that the House bill multifamily rental housing. This provi- efforts in developing this important must be changed on the structure of sion will help families retain affordable stimulus package. I ask all my col- the rebate. housing. The housing crisis also affects leagues to support this amendment so Before you vote, I ask Members to go rental housing because many families that more seniors, small businesses, back to the basic question of balancing who lose their homes will move into homeowners, and hard working fami- quick action on the House bill versus rental housing. lies struggling to make ends meet can improvements made by the Finance With the additional mortgage rev- get the assistance they deserve. Committee. enue bond authority, States and local Mr. GRASSLEY. Mr. President, we The House bill could be passed quick- governments could rapidly escalate de- have come down to the crucial vote on ly without improvements. Or we could mand for housing and stimulate the whether we are going to greatly im- finish the process here in the Senate economy by increasing the flow of safe, prove the House stimulus bill. In a few and add the improvements made by the non-predatory mortgage loans. In 2006, minutes, all Senators will have to un- Finance Committee. State and local governments financed dergo that balancing exercise I referred If cloture is achieved on the Finance 120,000 new home loans with MRBs. to last week. Committee amendment, then we will With the additional $10 billion in fund- On one hand, you have the legitimate have a different challenge. ing, States and localities can match concerns on the part of the House, We must not load up this stimulus that amount and finance approxi- White House, and Senate Republican. package else further or it is likely to mately 80,000 more home loans. Leadership. That concern is that a sink. Our leaders are right that we According to the National Associa- wide open Senate process would slow need to act quickly. tion of Home Builders, every mortgage down and complicate a straightforward Mr. REID. Mr. President, I suggest revenue bond new home loan produces House bill. Those who hold this view the absence of a quorum. nearly two, full-time jobs, $75,000 in ad- correctly point out that the House bill The PRESIDING OFFICER. The ditional wages and salaries and $41,000 was the product of tough negotiations. clerk will call the roll. in new Federal, State and local reve- The White House and House Repub- The bill clerk proceeded to call the nues. Also, each new home loan results licans made concessions in that nego- roll. in an average of $3,700 in new spending tiation. Likewise, House Democrats Mr. MCCONNELL. Mr. President, I on appliances, furnishings, and prop- made concessions in that negotiation. ask unanimous consent that the order erty alterations. Supporters of the House bill emphasize for the quorum call be rescinded. Separate from mortgage revenue the need for speedy action to send the The PRESIDING OFFICER. Without bonds, the Finance Committee extends signal to workers, investors, and busi- objection, it is so ordered. unemployment benefits by thirteen ness people that the Federal Govern- Mr. MCCONNELL. Mr. President, in a weeks through the end of 2008. In De- ment is responding to the slowing few moments we are going to have an cember alone, the national unemploy- economy. extremely important vote. Nineteen ment rate shot up from 4.7 percent to 5 On the other hand, are concerns days ago, the President first proposed percent and half a million more work- about the substance of the House bill an economic stimulus package and im- ers joined the ranks of the employed. and a truncated process that limits the plored the Congress to act. It was im- Labor statistics released last week role of the Senate. pressive to see the Democratic Speaker show the labor market is faltering. In It comes down to this, Mr. President. of the House, the Republican leader of the past month, our economy lost The leaders’ concern with timing must the House, and the Secretary of the 17,000 jobs. We need to extend unem- be weighed against the question of the Treasury of the Bush administration ployment benefits now. When it takes quality of the House bill. In other all together having worked out an im- longer to find a job, current unemploy- words, is a take-it or leave-it House portant stimulus package that we be- ment benefits are not adequate. bill, which passes quickly, better than lieve will help our economy. Extending unemployment benefits is a Senate bill which allows the Senate Then in an apparent jolt of nostalgia one of the most effective ways to stim- to work its will. from last year, Senate Democrats de- ulate the economy. Families struggling I have laid out the leaders’ concerns cided to co-op a bipartisan proposal to make ends meet after losing their about timing. Now, we question of the produced by the House, to put together paycheck will spend the benefits quick- adequacy of the House bill. That is the a carefully crafted political document ly. Every dollar spent on benefits leads other side of the balance we need to coming out of the Finance Committee. to $1.64 in economic growth. In addi- strike. It may be a good proposal in some re- tion, unemployment benefits will reach Let’s examine this side of the ques- spects. I am sure it contains a lot of workers about two months before re- tion. Asked another way, did the com- what is appealing to Members. But the bate checks start to be delivered. mittee process improve the House bill point here was to try to do a targeted, Finally, the Finance Committee with a Senate amendment? temporary jolt to our economy, and to package has been modified to include I think everyone would have to an- try to astonish the American people by an additional $1 billion for the Low-In- swer yes. That is, the Finance Com- doing it on a bipartisan basis, rapidly. come Home Energy Assistance Pro- mittee amendment is an improvement This package will not achieve that gram—one of the most effective pro- over the House bill. Twenty million result. There is an opportunity, how- grams to help low-income Americans seniors will get the checks. Over 200,000 ever, to do that. First, we must defeat struggling with rising energy costs. Ac- disabled veterans will get the checks. the Reid proposal, and then there will cording to economist Mark Zandi, an Illegal immigrants will not be entitled be an opportunity to adjust the House increase in LIHEAP funding should be to checks. These improvements to the proposal in a way that is acceptable to part of a stimulus bill. Increased rebate structure were the direct result the Speaker of the House, the Repub- LIHEAP funding will eliminate the of deliberations in the Finance Com- lican leader of the House, and the

VerDate Aug 31 2005 02:10 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.087 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S723 President of the United States, thereby from the Middle East 2 weeks ago to- evolving and evolving and evolving. We achieving an early signature. morrow. I had a conversation with him will have a chance to fix this problem. So I will offer, along with Senator on the telephone, with the Speaker, The first opportunity would be the STEVENS, after the Reid proposal does and a number of other people. amendment that Senator STEVENS and not achieve cloture, an amendment to At that time, the decision was made I intend to offer. Therefore, I object. the House-passed bill that will deal that the President would hold off on The PRESIDING OFFICER. Objec- with Social Security, with veterans, any statement he would make on speci- tion is heard. and with the immigration problem. ficity on Friday following that Thurs- Mr. REID. That is somewhat unusual. And with regard to the veterans piece day, and that we should sit down and It appears the changes as have been of it, one of the deficiencies of the Fi- see what we could work out with his suggested by my friend—I wanted to be nance Committee or Reid proposal is Secretary of the Treasury. cooperative and say that is a good idea. that it does not cover the widows of We did that. A decision was made, as You can flip open any newspaper, veterans. That omission will be cor- I have said on this floor on a number of tune in to any news program, tune in rected in the proposal I will offer. occasions. This decision was made be- to any radio show, and you are bound So if we want to provide this stimu- cause of the House rules compared to to hear from professors, economists, lative effect for the widows of veterans, the Senate rules, that this would be a analysts, and pundits debating about a way to do that, and the way to do it bill that would come from the House. the state of our economy. It used to be in a proposal that will be signed by the That bill has come from the House. I a lot of them were asking: Are we in a President of the United States, ap- have never in any way disparaged it. recession now? Not too many are ask- proved by the House of Representatives But it is not something that does not ing that now. They believe we are in a on an overwhelmingly bipartisan basis, need fixing. That was the whole pur- recession. But they do ask continually is to approve the McConnell-Stevens pose of the House working on it and how deep will it be; how long will it amendment. then we are working on it. So any inti- last. Now, let me say, Senator STEVENS mation by my friend, the Republican Those questions are valid and appro- and I don’t have any pride of author- leader, that whatever the House came priate. But they are asked by those ship. If it will help us get this job done, up with we would just put a big stamp who spend their lives thinking about if it will help us get this job done, we of approval on it does not speak well to the economy, not by those who spend can call it the Reid-Obama-Clinton the history of this body. their lives working in the economy or proposal as far as I am concerned. The We have an obligation to do what we building the economy, to those Ameri- goal is not so much to claim credit as think is best to stimulate the econ- cans working harder than ever who end it is to astonish the American people omy. We have done that. What we have up with less. and do something on a bipartisan basis done is not a political document. It is There is no doubt the state of the and do it quickly—do it quickly. a piece of legislation. Now, from what economy is not good. Millions of work- People will be astonished, and we I have heard from my friend, it appears ing families are trying to make their think the markets and others around that they would agree, by unanimous paycheck stretch until the next pay- the world will watch in amazement to consent, the bill that is now the House check, as their gasoline, heating, and see that, on a bipartisan basis, the U.S. bill—what I understand they would be grocery bills skyrocket, of course, Government can do something effec- willing to add to that is language that medical bills are never able to be paid. tive and fast. So I would be more than would prevent undocumenteds from They know how our economy strug- happy to change the name of the drawing the benefits of those rebates. gles. Millions of senior citizens are liv- amendment if that would make it more They would also be willing to accept ing on incomes that are fixed but face palatable. senior citizens as listed in the Senate living costs that are anything but We have no particular pride of au- Finance bill, 21.5 million of them; fixed. They know how our economy thorship. This whole path we are going wounded veterans, 250,000 of them; and struggles. Small business owners are down started out on a bipartisan basis; the widows of those veterans. facing rising health care costs for their I was hoping we would end it on a bi- It sounds good to me. I would be employees and greater difficulty find- partisan basis. As far as the credit part happy, and I ask unanimous consent at ing capital to grow. They know how of it is concerned, we can all take cred- this stage. Are they willing to accept our economy struggles. it, we can go upstairs to the gallery to- that, to add that to the package that Millions of homeowners are in fore- gether, Senator REID and I, side by we now have? That is, add the widows close or face it soon; 37 million people. side, and say: We came together. We to the package that is now before the In California, foreclosure rates have did something for the American people. body? I agree we can add widows. I ask gone up more than 300 percent; Florida, The House can simply take this up— unanimous consent that that be the 250 percent. We could go through a long we know; the majority leader of the case. list of problems. But they are difficult. House said today, he implored us, the The PRESIDING OFFICER. Is there The housing market is in big trouble as majority leader, not to load up this bill objection? these people watch their dreams and with too many extras that would im- Mr. MCCONNELL. Would the major- their security come crashing down. peril the bill. ity leader restate his unanimous con- They, too, know how our economy He was referring, of course, to the sent request? struggles. It affects everyone. package upon which we will be having Mr. REID. The Senate Finance pack- I did a TV show down here with the a cloture vote shortly. So the way for- age that is now before the Senate, I ask mayor of the city of Fernley, NV. ward is clear. Let’s defeat the proposal unanimous consent that we add to that Mayor, how is the economy? that we know will not be accepted by widows of the veterans. He said: It is tough. the House, we know will not be signed Mr. MCCONNELL. Mr. President, re- They just had a levee break and a Bu- by the President. Let’s modify the serving the right to object, this is what reau of Reclamation project has been House bill—we can call it the Reid- has been going on all week: adjust- there for a long time. You know, the Clinton-Obama bill as far as I am con- ments to the package in order to play water came and covered homes for 2 cerned—and get it back over to the political games. miles. Some of it was 8 feet deep. With House. We have their assurance they Now, with all due respect to my the state of the housing market so bad, will take it up, pass it, and send it to friend, the majority leader, we are a lot of people are saying: I don’t think the President for his signature. But going to have an opportunity to fix it is going to do any good to rebuild my first we must defeat the Reid-Finance this problem on the widows of veterans home. I don’t think I can borrow the Committee package. at a later date. money to fix it up or I can’t make the I yield the floor. We do not have to fix it on this first payments. The PRESIDING OFFICER. The ma- vote. How many different times do It is fair to say that President Bush jority leader. they want to change it? They origi- will not be remembered as a good stew- Mr. REID. Mr. President, the Presi- nally told us they were going to give us ard of our economy. When he took of- dent of the United States returned the paper last Thursday night. It kept fice, there was a surplus over the next

VerDate Aug 31 2005 02:10 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.088 S06FEPT1 smartinez on PRODPC61 with SENATE S724 CONGRESSIONAL RECORD — SENATE February 6, 2008 10 years of some $7 trillion. As Senator . . . and allow state housing agents to Builders Association, National Council CONRAD mentioned at a presentation issue tax-free bonds to help homeowners refi- on Aging, union groups, Veterans of earlier today, in his 7 years, he has run nance their mortgages. (Applause.) Foreign Wars, Paralyzed Veterans of up the debt. That is gone. The surplus We stood and applauded when he said America, Easter Seals, and on and on. is gone. He has run up the debt by more this. That was the right thing for him There is lots of support from lots of dif- than $3 trillion. We have now spent to say. It is the right thing for us to do. ferent organizations, scores of them. I about $750 billion in Iraq. Every penny That is what we have in our Senate Fi- have only hit a few of them. of it has been borrowed. But even this nance package, something the Presi- The Republican leader and members President understands the urgent need dent called for in his State of the of his caucus should have come to the for action, and we need to do that. Union Message. Why should we be criti- Senate floor to congratulate Senators To his credit, President Bush called cized for trying to improve the House BAUCUS and GRASSLEY, as these groups on Congress to pass an economic stim- plan because the President asked for it did. After this was done, these groups ulus plan. House leaders, Democrats and we agree with what the President made hundreds and thousands of phone and Republicans, working with the asked for? calls to thank the Finance Committee White House, came together to craft a The bipartisan Finance Committee for doing this. It was the right thing to bill that serves certainly as a good package includes an extension of en- do. This is not a partisan measure, and starting point. That was always what ergy efficiency and renewable energy that is why these groups—many of it was supposed to be. But notably the incentives to create jobs, lower energy these groups traditionally don’t sup- House plan sends rebate checks out to bills, and help begin to stem the tide of port Democrats—like this. It is bipar- the American people some time in global warming. tisan. probably May or maybe even June. The Arizona Republic Newspaper, a I am happy that a majority—and we They can’t do anything with the rebate newspaper not known for being left- will find out if there are 60—of this checks until the income tax returns wing, said in an editorial recently: The Senate approves of this package, a sig- are filed. Americans will use that economic stimulus package from Con- nificant majority. We hope we will get money to pay their bills, to buy books gress needs some power, renewable 60, 61 votes. Time will tell. But the and clothing for their children, or per- power. The plan should include an ex- RECORD should reflect that a majority haps to make a long overdue repair of tension of tax credits for renewable en- of the Senate, Democrats and Repub- homes or cars or pay a doctor bill. ergy sources such as wind, solar, geo- licans, supports this bipartisan meas- Democrats, Republicans, we all agree, thermal. We get a 3-for-1 impact: cre- ure we got from the Senate. And it is if we give the American people the ating jobs, diversifying our energy sup- interesting to note that as to this per- money, they will spend it. ply, and reducing pollution. These fect plan we got from the House, the Last week the House sent the bill aren’t new tax credits. They are exist- Republican leader said he would like to over here. In the Finance Committee, ing ones that are serving us well. Last change it. So the House plan obviously Chairman BAUCUS and Senator GRASS- year nearly 6,000 megawatts of renew- needs to be improved. It needs to be LEY put their heads together, one Dem- able energy came on line. That injected improved because of language dealing ocrat and one Republican, and made a $20 billion into the economy. That is with undocumented people. It needs to good bill far stronger. what we have in this legislation. It is be improved because of seniors and vet- Here are some of the things they did good legislation. It is important legis- erans, which the Republicans admit. that we are going to be voting on in a lation. The House plan couldn’t have been that little while. Through bipartisanship, The amendment I have submitted great if they accept those changes. this Finance Committee package sends adds two bipartisan measures to the This is a good piece of legislation. stimulus checks to 21.5 million senior committee’s bill. One is an amendment That is why I am happy and satisfied citizens who would get nothing from to increase loan limits for Fannie Mae that a majority of the Senate approves the House bill. The bipartisan Finance and Freddie Mac as well as FHA- what the Senate Finance Committee Committee package sends checks to backed mortgages which will help more did. Secretary Paulson, whom I have 250,000 wounded, disabled veterans who homeowners refinance and reduce enjoyed working with, said this morn- were left out of the House plan, vet- mortgage interest rates. The other pro- ing that the Senate Finance Com- erans unable to work because of the vides funds for the Low-Income Home mittee bill is ‘‘coming to the trough.’’ sacrifice they made for our country. Energy Assistance Program, LIHEAP. My friend the Republican leader said The bipartisan Finance Committee These funds will help low-income fami- these are pet projects. The majority of package extends unemployment bene- lies—and there are lots of them—afford the Senate, Democrats and Repub- fits for those whose jobs have fallen their heating bills which are sky- licans, disagrees with that. They do victim to this economy which is on rocketing even as big oil reports record not think that seniors and veterans are this down spin. profits. Shouldn’t we do this? Last pet projects. And if they are pet The Department of Labor recently quarter Exxon made more money than projects, I plead guilty, because they told us that the economy lost thou- any company in the history of the are my pet projects. Seniors are my pet sands of jobs in January, on top of the world. They had a net profit of over $40 project. Veterans are my pet project. millions who are already unemployed. billion in one quarter. This effort to I have not served in the U.S. mili- The House bill doesn’t extend unem- get individuals and companies invest- tary. But during my entire career as a ployment benefits, and economists tell ing in renewable energy is important. Member of Congress, I have bent over us that is one of the most effective That is what is in this bill. We should backward because of the sacrifices ways to stimulate the economy. not be criticized for this. made by people such as DAN INOUYE The bipartisan Finance Committee What the bipartisan Finance Com- and CHUCK HAGEL and many others in plan helps both small and large busi- mittee accomplished, they took a good this body and around the country. I do nesses. Small businesses will have a plan and made one much better—better everything I can to have veterans as greater ability to immediately write for seniors, for veterans, for working my pet project. And they are. And the off purchases of machinery and equip- families, for business, for our economy. vast majority of the Senate agrees ment, and large business will receive They did it in a bipartisan manner. with that. bonus depreciation, an extended This isn’t a Democratic package. It is a So I think Secretary Paulson should carryback period for past losses to re- bipartisan package. They did it quick- retract what he said. This is not com- coup cash for future investments. The ly. They did exactly what the Senate is ing to the trough. We are coming to bipartisan Finance Committee package supposed to do. help people. We are coming to help vet- addresses the housing crisis by adding The stimulus plan before us tonight erans, seniors, people who are unem- $10 billion in mortgage revenue bonds is smart, targeted, and it is effective. ployed. Maybe my friend, the Secretary that can be used by States to refinance That is why it is supported by the of the Treasury, has never been unem- mortgages. The reason I focus on this AARP, Families USA, Alliance for Re- ployed. Maybe he thinks those checks is the President of the United States in tired Americans, National Association are not worth anything. We know the his State of the Union Message said: of Manufacturers, American Home Secretary of the Treasury is a very

VerDate Aug 31 2005 02:10 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.090 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S725 wealthy man. People who are on unem- are going to wait until the time ex- Sununu Vitter Warner ployment benefits, without exception, pires. So I will ask that we have a Thune Voinovich Wicker are not wealthy. They are people who quorum call. There is just a minute or NOT VOTING—1 were depending on a check to come so left. McCain when payday came. Payday came, and I suggest the absence of a quorum. The PRESIDING OFFICER. On this they had no job. The unemployed are a The PRESIDING OFFICER. The vote, the yeas are 58, the nays are 41. pet project of mine. I would say that clerk will call the roll. Three-fifths of the Senators duly cho- the unemployed don’t have the advo- The legislative clerk proceeded to sen and sworn not having voted in the cates, the lobbyists that a lot of other call the roll. affirmative, the motion is rejected. groups have, but they are as important. Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, I enter a Is it a pet project to help businesses imous consent that the order for the motion to reconsider the vote by which weather the storm of this downturn? I quorum call be rescinded. cloture was not invoked on the amend- don’t think so. Is it a pet project to The PRESIDING OFFICER. Without ment. help people pay for their heating bills? objection, it is so ordered. The PRESIDING OFFICER. The mo- And if there is something negative CLOTURE MOTION tion to reconsider is entered. about that term, I plead guilty. Is it a Under the previous order, pursuant to Mr. REID. Mr. President, first, let me pet project to help families avoid fore- rule XXII, the Chair lays before the express my appreciation to everyone closure? If the answer is yes, we know Senate the pending cloture motion, who took my calls, who listened to that a majority of the Senate is in which the clerk will report. Democrats and Republicans asking favor of these pet projects. We know The legislative clerk read as follows: them to vote for this very important that a majority of the Senate supports CLOTURE MOTION stimulus package. It was a good de- these pet projects and will defend these We, the undersigned Senators, in accord- bate. The American people would have projects. ance with the provisions of rule XXII of the been better for having done this, but I I hope there are enough of my friends Standing Rules of the Senate, hereby move appreciate the bipartisan nature of this on the other side of the aisle who will to bring to a close debate on amendment No. vote. Fifty-nine Senators joined to- step forward and do the right thing and 3983 to H.R. 5140, the economic stimulus bill. gether to do what they thought was the support this bipartisan plan that will Herb Kohl, Max Baucus, Mark L. Pryor, right thing for the country. Byron L. Dorgan, Robert Menendez, help stimulate the economy. I will have before the evening is out, I am not naive enough not to know Jon Tester, Christopher J. Dodd, Bar- bara A. Mikulski, Joseph I. Lieberman, in fact shortly, a conversation with the that when this bill leaves here, what- Republican leader in the immediate fu- ever shape it is, it goes to a conference Frank R. Lautenberg, Daniel K. Akaka, Sheldon Whitehouse, Benjamin L. ture this evening to let him know what with the House. The President will be Cardin, Robert P. Casey, Jr., Richard I intend to do in the near future and heavily involved in that. It will have Durbin, Claire McCaskill, Harry Reid. not so near. So pending my conversa- the stamp of approval of the House and The PRESIDING OFFICER. By unan- tion with the Republican leader, I note the Senate. But pressure is building, imous consent, the mandatory quorum the absence of a quorum. and that is why a majority of the Sen- call is waived. The PRESIDING OFFICER (Ms. ate of the United States believes that The question is, Is it the sense of the CANTWELL). The clerk will call the roll. this Senate stimulus package is a good Senate that debate on amendment No. The legislative clerk proceeded to piece of legislation. We have already 3983, offered by the Senator from Ne- call the roll. established tonight, through the words vada, Mr. REID, to H.R. 5140, shall be Mr. DURBIN. I ask unanimous con- of the Republican leader, that the brought to a close? sent that the order for the quorum call House package is far from perfect, be- The yeas and nays are mandatory be rescinded. cause he has acknowledged that he under the rule. The PRESIDING OFFICER (Mr. wants to change that. If we stand to- The clerk will call the roll. CASEY). Without objection, it is so or- gether on this bill—and Senators BAU- The legislative clerk called the roll. dered. CUS and GRASSLEY have stood to- Mr. KYL. The following Senator is gether—we can achieve something necessarily absent: the Senator from f today that will make our economy Arizona (Mr. MCCAIN). stronger and make the American peo- The yeas and nays resulted—yeas 58, MORNING BUSINESS ple proud that we have not forgotten nays 41, as follows: Mr. DURBIN. I ask unanimous con- the unemployed, that we have not for- [Rollcall Vote No. 8 Leg.] sent that the Senate proceed to a pe- gotten the military folks who have YEAS—58 riod of morning business with Senators given so much, and the seniors. Akaka Durbin Murray I still often want to call my mother. permitted to speak for up to 10 minutes Baucus Feingold Nelson (FL) each. I used to call my mother every day. Bayh Feinstein Nelson (NE) The PRESIDING OFFICER. Without She was a Social Security recipient. I Biden Grassley Obama objection, it is so ordered. know I can’t call my mother, even Bingaman Harkin Pryor Boxer Inouye though I want to on many occasions. Reed Brown Johnson Rockefeller f But I do know that if she got this Byrd Kennedy Salazar Cantwell Kerry check like we are trying to give her Sanders Cardin Klobuchar RECOGNIZING EDWARD J. and others similarly situated, she Schumer Carper Kohl Smith MOLITOR, SR. would spend that money if she were Casey Landrieu alive. She would have that money Clinton Lautenberg Snowe Mr. DURBIN. Mr. President, Ed spent in a matter of a few days. So this Coleman Leahy Specter Molitor has been coaching basketball Collins Levin Stabenow at Palatine High School for so long is the right thing to do. Conrad Lieberman Tester The Senate should feel good that Dodd Lincoln Webb that when the local paper reported on right now a bipartisan group of Sen- Dole McCaskill Whitehouse his retirement, the sports trivia ques- ators, Democrats and Republicans, re- Domenici Menendez Wyden tion it ran included the name of his ported a bill out of the Senate Finance Dorgan Mikulski predecessor. Committee and, after having done so, a NAYS—41 When Ed Molitor was in college, he bipartisan group of Democratic Sen- Alexander Cornyn Isakson went to a playoff game between two ators and Republican Senators have Allard Craig Kyl Chicago high school basketball teams— joined together to say: Let’s give the Barrasso Crapo Lugar DuSable and DePaul Academy. He Bennett DeMint Martinez economy a boost. That is what this leg- Bond Ensign credits this game with altering the McConnell course of his life. islation will do. Brownback Enzi Murkowski Our time has expired, or it will in a Bunning Graham Reid At the time, Ed Molitor was a pre- minute or so. Burr Gregg Roberts med student at St. Procopius College. Chambliss Hagel Mr. President, as usual, we have peo- Sessions When he wasn’t consumed with his Coburn Hatch Shelby ple who want to get out of here and Cochran Hutchison studies, he helped a friend coach bas- Stevens people who want to stay here. So we Corker Inhofe ketball at an elementary school on the

VerDate Aug 31 2005 02:57 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.091 S06FEPT1 smartinez on PRODPC61 with SENATE S726 CONGRESSIONAL RECORD — SENATE February 6, 2008 city’s south side. It wasn’t until he HONORING OUR ARMED FORCES of the School of Medicine, and by 1990 watched the two high school teams PRIVATE FIRST CLASS CHRISTOPHER F. PFEIFER she had become the first female Presi- dent of Loma Linda University. Five battle it out on the court, though, that Mr. NELSON of Nebraska. Mr. Presi- years later she assumed the position of he realized medicine wasn’t his real dent, I rise today to honor PFC Chris- CEO of Adventist Health System, passion. It was basketball. Molitor topher F. Pfeifer of Spalding, Ne- which soon became the Loma Linda transferred to Roosevelt University braska. University Adventist Health Science and shifted his focus to education. Private First Class Pfeifer grew up in After graduation, Molitor started as Center. In 1999, Dr. Behrens was chosen Spalding and, during high school, assistant coach of the DePaul Academy to serve as President of Loma Linda played football, as well as the drums in High School basketball team. As as- University Medical Center. Loma the school band. He enjoyed fishing, sistant coach, he worked under Coach Linda University and Medical Center hunting, golfing, and especially music Bill Gleason, who became both a men- has prospered under her leadership, and and playing his drums. His music tor and friend. Molitor went on to has become a preeminent institution teacher said he was one of the better coach basketball at Marist High School for patient care and medical tech- drum players she had ever seen. After on the southwest side of Chicago. nology. I have had the pleasure of vis- In 1976, Molitor became head coach of joining the Job Corps, he earned his iting Loma Linda University and have Palatine High School’s varsity basket- high school diploma, and met his fu- found Dr. Behrens to be an exemplary ball team. He stayed for more than ture wife, Karen. They married on model to her colleagues, capable of three decades. During his 32 years at March 22, 2006, and 1 month later, he bringing out the best in her associates. Palatine, Molitor coached more than joined the U.S. Army, partly influenced During Behrens’ tenure, Loma Linda 700 athletes. He left an indelible mark by his brother’s service as a Green University witnessed the development on the players, the school, and the Beret. His father said he loved the of a dedicated children’s hospital with community. No fewer than 16 of his Army and, after completing his mili- the most advanced equipment and former players have gone on to coach tary commitment, wanted to use the methodology. The university has also high school basketball, and 5 currently G.I. bill to go to college. witnessed the development of a center coach collegiate basketball. Private First Class Pfeifer was serv- for behavioral medicine, as well as a On December 28, 2007, Coach Molitor ing in support of Operation Enduring rehabilitation, orthopaedic and neuro- earned his 500th career victory. When Freedom, assigned to the 1st Squadron, sciences institute. The university has honored with the game ball at a 91st Cavalry Regiment, 173rd Airborne also added new schools of pharmacy postgame ceremony, Molitor admitted Brigade Combat Team, in Schweinfurt, and science and technology, and has that he hadn’t been aware he was ap- Germany. On August 17, 2007, his unit worked diligently to foster its inter- proaching this impressive milestone came under enemy fire near Kamu, Af- action with local research institutes to until he read about the achievement in ghanistan. Private First Class Pfeifer develop innovation in the use of global the newspaper. sustained wounds while bravely trying information systems to assist with Throughout his remarkable coaching to pull fellow soldiers to safety. He emergency medical response. The first career, Ed Molitor emphasized achieve- passed away on September 25, 2007, at hospital-based center for proton ther- ment off the court as much as on it. In Brooke Army Medical Center, Fort apy and research has also been devel- his own words, ‘‘you have to convince a Sam Houston, San Antonio, TX. Pri- oped under Behrens’ tenure, and has kid he’s got potential, not only in ath- vate First Class Pfeifer was post- become a leading institution in the letics, but in other walks of life.’’ humously awarded the Purple Heart. treatment of cancer. The university Coach Molitor emphasizes the mental Private First Class Pfeifer is survived has taken great strides to improve care elements of the game over the phys- by his wife Karen and their newborn and support for our Nation’s veterans ical, and this approach has brought daughter Peyton; his parents Michael at the Jerry L. Pettis Memorial VA him and his players success on the and Darlina Pfeifer of Spalding, NE; his Medical Center. court and in life. He has led teams to brother, Aaron of Fort Bragg, NC; and Dr. Behrens has also been a dynamic six conference championships, seven his sister Nichole, of Hauppauge, NY. I leader in her community, working to regional titles, and two sectional offer my most sincere condolences to ensure positive community service to championships. the family and friends of Private First her area and throughout the world. She I am happy to report that his peers Class Pfeifer. He made the ultimate has been instrumental in bringing to have recognized Ed Molitor’s skills. On and most courageous sacrifice for our fruition a great number of social and two occasions, he has been named Nation, and his daughter will grow up community services organizations and Coach of the Year by the Illinois Bas- knowing her father is a hero. I join all programs. Programs such as the Social ketball Coaches Association. In 1997, Americans in grieving the loss of this Action Community Health Services the association inducted Molitor into remarkable young man and know that Clinic, PossAbilities, Community Kids its Hall of Fame. Over the years, Coach Private First Class Pfeifer’s passion for Connection and Operation Jessica, Molitor has been selected to coach a serving, his leadership, and his selfless- have brought medical and social sup- number of regional, state, and national ness will remain a source of inspiration port to a broad group of individuals. teams. He also sits on the All-State Se- for us all. These organizations have assisted spe- lection Board. f cial needs and at-risk children and Ed Molitor has been a tremendous teens, and developed after-school pro- asset to Illinois high school basketball ADDITIONAL STATEMENTS grams and ESL—English Second Lan- throughout his coaching career, but his guage—programs. Dr. Behrens’ leader- greatest value has always been to his ship has also provided for increased players. Today, I join the current and HONORING B. LYN BEHRENS medical and community support inter- former members of Palatine High ∑ Mrs. BOXER. Mr. President, today I nationally, providing support in 12 na- School’s varsity basketball team in ask my colleagues to join me in hon- tions, including the only teaching hos- thanking Coach Molitor for his com- oring Dr. Lyn Behrens as she retires as pital in Kabul, Afghanistan, and the mitment to coaching and his passion president and CEO of Loma Linda Uni- most advanced hospital in mainland for helping student-athletes develop versity Adventist Health Sciences Cen- China. character, discipline, and persever- ter, drawing to a close a successful ca- As she retires from more than four ance—skills that will prove valuable reer in medicine and civic leadership. decades of service and leadership in even after the season has ended. After completing her degree in medi- medicine to the communities of Cali- Mr. President, I congratulate Coach cine from the Sydney University fornia and beyond, I am pleased to ask Ed Molitor on his accomplishments School of Medicine in Australia in 1964, my colleagues to recognize her for a ca- throughout his long and successful Dr. Behrens became the first and only reer of visionary leadership. The future coaching career, and I wish him many pediatric resident at Loma Linda Uni- of medical education, research, and more years of happiness and accom- versity Medical Center in 1966. By 1986, service will be forever changed thanks plishment in retirement. Dr. Behrens was the first female Dean to her bold leadership.∑

VerDate Aug 31 2005 02:10 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.010 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S727 50 YEARS OF SPACE EXPLORATION behaviors, and civic engagement by St. Cloud, MN, is located on the ∑ Mrs. BOXER. Mr. President, I ask my their young population. banks of the Mississippi River, 60 miles colleagues to join me in recognizing Landfall, MN, is a small town with northwest of the Twin Cities. When it and honoring the California Institute big plans for its young people. A town was founded more than 150 years ago, it of Technology’s Jet Propulsion Labora- of just 700, they place a premium on ex- was known as the Granite City. But tory, JPL, in Pasadena, CA, for 50 panding the horizons of young people. now it also bears the title of the Most years of space exploration. Since the They provide students with ‘‘Extra In- Livable Community in the World. launch of Explorer I, America’s first nings,’’ a tutoring and mentoring pro- The LivCom Awards are the world’s spacecraft, on January 31, 1958, JPL gram that gives elementary through only competition for local commu- has made momentous and historic con- high school students one-on-one help nities that focuses on environmental tributions to our scientific under- with math, reading, and English as a management and the creation of liv- standing of our vast universe. second language. able communities. This year, they have For the past five decades, the Jet Mankato, MN, a three-time winner of named Saint Cloud the ‘‘Most Livable Propulsion Laboratory has been a re- this honor, prides itself on embracing Community in the World.’’ spected leader in furthering scientific young people to help them reach their This award is a deserved honor and knowledge around the world. Explorer fullest potential. Among their initia- recognition of the outstanding efforts 1 was built in less than 3 months, and tives is the LinkCrew, which pairs high being undertaken by the City of Saint was the first spacecraft ever launched school freshmen with junior and senior Cloud to create a livable and sustain- into space that actually revolved year mentors to help them make a suc- able community. around Earth and provided scientific cessful transition to high school. And, The awards encourage best practice, findings from space. The immense suc- as the town that raised six Bessler innovation, and leadership in providing cess of Explorer I led to the passage of boys, including my husband John, I vibrant, environmentally sustainable the Space Act in 1958, which estab- know firsthand of the high-caliber communities that improve the quality lished the National Aeronautics and young people Mankato produces. of life for their residents and people Northfield, MN, used to be a farm Space Administration (NASA). worldwide. town, centered between corn and wheat Among the goals of the award is to Since the inception of NASA, JPL fields. Now, anchored by two of our Na- model innovative community planning has been on the forefront of science and tion’s preeminent colleges, Carleton and living for other communities. I technology through its research and College and Saint Olaf College, hope that Saint Cloud will inspire exploration of every known planet in Northfield has become an enriching other communities to tackle chal- our solar system. Subsequent to the place for young people. The Mayor’s lenging environmental and energy success of Explorer I, JPL has contin- Youth Council allows students ages 15 issues facing our nation. ued to have a central role in accom- to 18 to advise the mayor and city Saint Cloud topped entrants from plished space missions, such as explor- council on issues related to the young more than 50 countries. The residents ing our vast solar system with Voyager population. of Saint Cloud, the Most Livable City 1 and 2 and the Mars Exploration Rov- Saint Louis Park, MN, is also a in the World, have much to be proud of. ers. JPL has also been instrumental in three-time winner. They welcome I ask that you join me in congratu- understanding our planet. youth into their process of govern- lating the world’s most livable commu- I congratulate the California Insti- ment, inviting them to participate in nity, Saint Cloud, MN.∑ tute of Technology’s Jet Propulsion decisionmaking on special neighbor- Laboratory on 50 years of successful f hood and community issues. Among and insightful space exploration, and IN HONOR OF 2ND LIEUTENANT other attractions, it is home to 51 thank the original members of the Ex- SETH C. PIERCE parks thanks to the city’s initiative to plorer I team for their contribution to reserve a percentage of all city land for ∑ Mr. NELSON of Nebraska. Mr. Presi- American history.∑ public parks. And in a special nod to dent, today I wish to honor 2LT Seth f its young population, the city’s Web Pierce of Lincoln, NE. site lists the best sledding hills in its Lieutenant Pierce was a proud mem- BEST COMMUNITIES FOR YOUNG ber of the U.S. Marine Corps, whose PEOPLE community. Saint Paul, MN, is our State’s capital friends remember him as a dedicated ∑ Ms. KLOBUCHAR. Mr. President, city and a shining example of how to and passionate person who ‘‘wore his each year, the America’s Promise Alli- engage children after school hours. heart on his sleeve.’’ While attending ance names the 100 Best Communities Through the Second Shift and After Lincoln Southeast High School, he ran for Young People in the Nation. Today, School Initiatives, they provide posi- the first leg on his relay team and won I am proud to honor five Minnesota tive places for children to spend their the State championship in 2001. His towns that have achieved this tremen- afternoons, develop new skills, and ob- coach described his team as ‘‘the most dous designation—Landfall, Mankato, tain academic assistance. overachieving boys I’ve ever coached. Northfield, Saint Louis Park, and From his theatre in downtown Saint They won because they were connected Saint Paul, MN. Paul, Minnesota’s native son, Garrison to each other.’’ The 100 Best Communities for Young Keillor, refers to his fictional Min- A 2002 graduate of Lincoln Southeast People is an annual competition that nesota town of Lake Wobegon as a High School and a 2006 graduate of Ari- recognizes outstanding community- place where ‘‘all the women are strong, zona State University, Lieutenant wide efforts that improve the well- all the men are good-looking, and all Pierce was commissioned as a second being of youth and inspire other local- the children are above average.’’ These lieutenant in the U.S. Marine Corps in ities to take action. five towns have certainly proven December 2006. Leutenant Pierce There is apparently much to find in- Keillor’s words are more truth than fic- passed away due to a car accident on spiration from, as two previous award tion. October 21, 2007, in Quantico, VA, winners have now become five—a I am proud to represent five of Amer- where he was stationed. strong showing from the great State of ica’s Best Communities for Young Peo- Lieutenant Pierce is survived by his Minnesota. ple and to congratulate them before parents, Larry and Linda Pierce of Sur- Each of these five Minnesota commu- the U.S. Senate.∑ prise, AZ; his brother and sister-in-law, nities demonstrated a commitment to f Aaron and Crystal Pierce, of Omaha; community support of children and his grandparents, Edwin and Ruth through resources including effective RECOGNIZING SAINT CLOUD, Steffens and Luther and Esther Pierce, education, safe gathering places, and a MINNESOTA all of Lincoln. I offer my most sincere wide range of programming. Their ∑ Ms. KLOBUCHAR. Mr. President, condolences to the family and friends commitment generates real outcomes today I wish to recognize a great of Lieutenant Pierce. His noble service in the form of high graduation rates achievement by the City of Saint to the United States of America is to and educational achievement, healthy Cloud, MN. be respected and appreciated. The loss

VerDate Aug 31 2005 02:10 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.028 S06FEPT1 smartinez on PRODPC61 with SENATE S728 CONGRESSIONAL RECORD — SENATE February 6, 2008 of this remarkable marine is felt by all played in supporting our nation’s served him well during his lifetime. His Nebraskans, and his courage to follow armed forces. I look forward to success- long and illustrious professional career his dreams will remain as an inspira- ful trials by the Navy and the contin- included countless distinguished ap- tion.∑ ued role Hodgdon Yachts will play in pointments, awards, and honors. f the production of this fine vessel. Vi will be remembered by the Aber- Throughout its history, Hodgdon deen community because of his exuber- RECOGNIZING HODGDON YACHTS Yachts has produced over 400 yachts ant service and dedication to constant ∑ Ms. SNOWE. Mr. President, today I and ships, perhaps none more vital improvement of the city, county, and commend a Maine business that last than its latest. The company’s work to State. Vi was a member of numerous month unveiled a remarkably sturdy keep shipbuilding alive and well in community organizations, including vessel for use by our Nation’s Navy Maine is well documented, including the Aberdeen Jaycees and the Aberdeen SEALs, a project for which I was hon- President Tim Hodgdon’s involvement Area Chamber of Commerce. Addition- ored to secure funding for. Hodgdon in the formation of Maine Built Boats, ally, Vi’s dedication and leadership Yachts of East Boothbay, a family- an alliance whose goal is to present were instrumental in rallying support owned company for five generations, Maine’s boatbuilding industry to a for dozens of community projects. has been a source of pride for Maine’s wider global audience. I firmly believe The profound wisdom and deep com- boatbuilding industry for nearly 200 that, given our seafaring history and mitment that Vi possessed is reflected years, and its recent accomplishment established work ethic, Mainers build through his role in the businesses, is without a doubt one of its most im- the best ships, and Hodgdon Yachts health organizations, educational af- pressive. only further exemplifies this tradition. filiations, and political organizations Hodgdon Yachts began building boats I commend everyone at Hodgdon for which he so diligently served in 1816, when the company launched Yachts for their remarkable accom- throughout his life. Vi also received the 42-foot schooner Superb. Since then, plishment in the Mako V.1, and wish many awards recognizing his excellent Hodgdon Yachts has developed a rep- them well in their future boatbuilding work and service including: Distin- utation as one of New England’s pre- endeavors. ∑ guished Alumni Award—NSU, 1976; the mier shipbuilders, persevering through f George Award, 1979 and 1994; South Da- difficult times and continually reevalu- kota Community Volunteer of the TRIBUTE TO JOHN ROCK ating its company’s methods to be con- Year, 1991; Distinguished Service sistently on the cutting edge of the lat- ∑ Mr. THUNE. Mr. President, today I Award, Excellence in Economic Devel- est technologies. Of particular note for wish to honor the life of John Rock, opment, 2000; and South Dakota Medal the State of Maine is Hodgdon’s 1921 who passed away in November of 2007. of Distinguished Excellence, 2008. schooner Bowdoin, named for the John was an invaluable member of the Vi will be lovingly remembered by Brunswick alma mater of Arctic ex- Black Hills community, and he will be his wife Donna as well as his children plorer Donald MacMillan. The boat truly missed by all who knew him. and grandchildren as a loving husband, proved itself an invaluable tool in Arc- John will be remembered for his dedi- father, and a great man. He will forever tic research and sailed more than cation to service in the Black Hills re- remain in our hearts for his contribu- gion. He made many invaluable con- 300,000 miles over 26 icy voyages in its tions to the Aberdeen area and the en- tributions to the region through his ex- career. Prior to the Bowdoin, the com- tire State of South Dakota. Few men tensive knowledge and life experiences. pany turned its attention to building will ever give as much of themselves or This dedication was evident through submarine chasers for the military in make as much of a difference in the John’s support of the Mammoth Site World War I, and continued its defense lives of others as Vi Stoia. Today we museum in Hot Springs, SD. He worked work by gaining minesweeper and celebrate the life and accomplishments with the finance/personnel and govern- troop transport contracts during both of this great man. Although he does ance committees and the board of di- World War II and the Korean war. not stand among us, his legacy will live rectors of the Mammoth Site of Hot By the late 1950s, Hodgdon Yachts re- on for a time without end. For all that Springs, SD, Inc., from 2001 to 2007. turned to building more traditional has been accomplished and achieved, In addition to his being recognized by for all of the lives that have been wooden yachts for a variety of cus- the Mammoth Site board, two theater tomers. By the mid-1980s, the company touched and enhanced, thank you, and seats will be dedicated to John and his God bless Viorel G. Stoia.∑ began to modernize its shipbuilding, wife Bonnie. A plaque in John’s honor f providing clients with yachts of superb will also be placed on the Memorial quality and strength while employing Wall at the Mammoth Site. MESSAGES FROM THE PRESIDENT innovative technology in the creation John Rock’s absence will be deeply Messages from the President of the of its boats. Hodgdon Yachts recently felt in the Black Hills community. He United States were communicated to began using carbon Kevlar deposits to was a truly dedicated individual who the Senate by Mr. Williams, one of his construct its yachts to make the boats will be remembered for his lifetime of secretaries. as strong and secure as possible. service to others.∑ Hodgdon’s proficiency in using f f Kevlar proved useful when, in May 2005, EXECUTIVE MESSAGES REFERRED the company won a contract from the TRIBUTE TO VIOREL G. ‘‘VI’’ As in executive session the Presiding U.S. Navy’s Office of Naval Research to STOIA Officer laid before the Senate messages build the prototype for a new special ∑ Mr. THUNE. Mr. President, today I from the President of the United operations craft using these compos- wish to honor Viorel G. ‘‘Vi’’ Stoia, a States submitting sundry nominations ites. The ship has a foam core sur- great South Dakotan who passed away and a treaty which were referred to the rounded by multiple layers of carbon, on January 28, 2008. appropriate committees. and its durability its reinforced by an Vi Stoia was born on February 13, (The nominations received today are outer layer of Kevlar. On January 11, 1924 in Aberdeen, SD, and began his printed at the end of the Senate pro- 2008, the company launched this proto- lifetime of service and leadership at ceedings.) type, the 82-foot Mako V.1, named for a Aberdeen Central High School where he f shark that frequents the Gulf of served as senior class president. Vi con- Maine’s waters. It is the first Navy ves- tinued this leadership and service while REPORT ON THE CONTINUATION sel constructed with carbon-fiber tech- he served in the U.S. Navy and at- OF THE NATIONAL EMERGENCY nology and was designed to protect tended the University of Minnesota. In THAT WAS DECLARED WITH RE- Navy SEALs from injuries caused by 1949, Vi graduated with a degree in SPECT TO THE GOVERNMENT OF the harsh conditions of the seas. business administration and married CUBA’S DESTRUCTION OF TWO Hodgdon teamed up with Maine Marine his lifelong companion, Donna Marie UNARMED U.S.-REGISTERED CI- Manufacturing and the University of Maurseth. VILIAN AIRCRAFT—PM 36 Maine in completing the Mako V.1, and Vi’s thirst for knowledge along with The PRESIDING OFFICER laid be- I am so proud of the role that each his extraordinary leadership abilities fore the Senate the following message

VerDate Aug 31 2005 02:57 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.038 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S729 from the President of the United No. 8341-6) received on January 28, 2008; to EC–4892. A communication from the Pro- States, together with an accompanying the Committee on Agriculture, Nutrition, gram Manager, Administration for Children report; which was referred to the Com- and Forestry. and Families, Department of Health and EC–4883. A communication from the Direc- Human Services, transmitting, pursuant to mittee on Banking, Housing, and tor, Regulatory Management Division, Envi- law, the report of a rule entitled ‘‘Reauthor- Urban Affairs: ronmental Protection Agency, transmitting, ization of Temporary Assistance for Needy To the Congress of the United States: pursuant to law, the report of a rule entitled Families Program’’ (RIN0970-AC27) received ‘‘Boscalid; Denial of Objections’’ (FRL No. Section 202(d) of the National Emer- on January 28, 2008; to the Committee on Fi- 8347-3) received on January 28, 2008; to the nance. gencies Act (50 U.S.C. 1622(d)) provides Committee on Agriculture, Nutrition, and EC–4893. A communication from the Assist- for the automatic termination of a na- Forestry. ant Secretary for Policy, Department of tional emergency unless, prior to the EC–4884. A communication from the Chief Labor, transmitting, pursuant to law, a re- anniversary date of its declaration, the of Staff, Media Bureau, Federal Communica- port relative to the impact of increased min- President publishes in the Federal Reg- tions Commission, transmitting, pursuant to imum wages on the economies of American ister and transmits to the Congress a law, the report of a rule entitled ‘‘Amend- Samoa and the Commonwealth of the North- ments of Section 73.202(b), Table of Allot- notice stating that the emergency is to ern Mariana Islands; to the Committee on ments, FM Broadcast Stations (Live Oak, Health, Education, Labor, and Pensions. continue in effect beyond the anniver- Florida)’’ (MB Docket No. 07-131) received on EC–4894. A communication from the Dep- sary date. In accordance with this pro- January 28, 2008; to the Committee on Com- uty Under Secretary for Management, De- vision, I have sent the enclosed notice merce, Science, and Transportation. partment of Homeland Security, transmit- to the Federal Register for publication, EC–4885. A communication from the Chief ting, pursuant to law, an annual report rel- which states that the national emer- of Staff, Media Bureau, Federal Communica- ative to the Department’s competitive gency declared with respect to the Gov- tions Commission, transmitting, pursuant to sourcing efforts during fiscal year 2007; to law, the report of a rule entitled ‘‘Amend- the Committee on Homeland Security and ernment of Cuba’s destruction of two ment of Section 73.202(b), Table of Allot- Governmental Affairs. unarmed U.S.-registered civilian air- ments, FM Broadcast Stations (Charlo, Mon- EC–4895. A communication from the Senior craft in international airspace north of tana)’’ (MB Docket No. 07-143) received on Procurement Executive, Office of the Chief Cuba on February 24, 1996, as amended January 28, 2008; to the Committee on Com- Acquisition Officer, Department of Defense, and expanded on February 26, 2004, is to merce, Science, and Transportation. transmitting, pursuant to law, the report of continue in effect beyond March 1, 2008. EC–4886. A communication from the Chief a rule entitled ‘‘Federal Acquisition Regula- of Staff, Media Bureau, Federal Communica- tion; Federal Acquisition Circular 2005-23’’ GEORGE W. BUSH. tions Commission, transmitting, pursuant to (FAC 2005-23) received on January 28, 2008; to THE WHITE HOUSE, February 6, 2008. law, the report of a rule entitled ‘‘Carriage of the Committee on Homeland Security and f Digital Television Broadcast Signals: Governmental Affairs. Amendment to Part 76 of the Commission’s EC–4896. A communication from the Acting MESSAGE FROM THE HOUSE Rules’’ ((FCC 07-170)(CS Docket No. 98-120)) Staff Director, U.S. Commission on Civil received on January 28, 2008; to the Com- Rights, transmitting, pursuant to law, a re- mittee on Commerce, Science, and Transpor- port relative to the Commission’s recent ap- ENROLLED BILL SIGNED tation. pointment of members to the Kansas Advi- EC–4887. A communication from the Dep- At 2:31 p.m., a message from the sory Committee; to the Committee on the uty Chief, Consumer and Governmental Af- Judiciary. House of Representatives, delivered by fairs Bureau, Federal Communications Com- EC–4897. A communication from the Acting Ms. Niland, one of its reading clerks, mission, transmitting, pursuant to law, the Staff Director, U.S. Commission on Civil announced that the Speaker has signed report of a rule entitled ‘‘Telecommuni- Rights, transmitting, pursuant to law, a re- the following enrolled bill: cations Relay Services and Speech-to-Speech port relative to the Commission’s recent ap- H.R. 4253. An act to improve and expand Services for Individuals with Hearing and pointment of members to the Missouri Advi- small business assistance programs for vet- Speech Disabilities, Report and Order and sory Committee; to the Committee on the erans of the armed forces and military re- Declaratory Ruling’’ ((FCC 07-186)(CG Docket Judiciary. EC–4898. A communication from the Acting servists, and for other purposes. No. 03-123)) received on January 28, 2008; to the Committee on Commerce, Science, and Staff Director, U.S. Commission on Civil The enrolled bill was subsequently Transportation. Rights, transmitting, pursuant to law, a re- signed by the President pro tempore EC–4888. A communication from the Ad- port relative to the Commission’s recent ap- (Mr. BYRD). ministrator, Environmental Protection pointment of members to the District of Co- Agency, transmitting, pursuant to law, an lumbia Advisory Committee; to the Com- f annual report relative to the implementa- mittee on the Judiciary. MEASURES READ THE FIRST TIME tion of Public Law 106–107 during fiscal year EC–4899. A communication from the Acting 2007; to the Committee on Environment and Staff Director, U.S. Commission on Civil The following bill was read the first Public Works. Rights, transmitting, pursuant to law, a re- time: EC–4889. A communication from the Acting port relative to the Commission’s recent ap- S. 2596. A bill to rescind funds appropriated Director, Fish and Wildlife Service, Depart- pointment of members to the South Carolina by the Consolidated Appropriations Act, ment of the Interior, transmitting, pursuant Advisory Committee; to the Committee on 2008, for the City of Berkeley, California, and to law, the report of a rule entitled ‘‘Endan- the Judiciary. any entities located in such city, and to pro- gered and Threatened Wildlife and Plants; EC–4900. A communication from the Chair- vide that such funds shall be transferred to Revision of Special Regulation for the Cen- man, Federal Election Commission, trans- the Operation and Maintenance, Marine tral Idaho and Yellowstone Area Non- mitting, pursuant to law, a report relative to Corps account of the Department of Defense essential Experimental Populations of Gray its budget request for fiscal year 2009; to the for the purposes of recruiting. Wolves in the Northern Rocky Mountains’’ Committee on Rules and Administration. (RIN1018-AV39) received on January 28, 2008; EC–4901. A communication from the Con- f to the Committee on Environment and Pub- gressional Review Coordinator, Animal and lic Works. Plant Health Inspection Service, Department EXECUTIVE AND OTHER EC–4890. A communication from the Acting of Agriculture, transmitting, pursuant to COMMUNICATIONS Assistant Secretary for Fish, Wildlife and law, the report of a rule entitled ‘‘Change in The following communications were Parks, Department of the Interior, transmit- Disease Status of Surrey County, England, laid before the Senate, together with ting, pursuant to law, the report of a rule en- Because of Foot-and-Mouth Disease’’ (Dock- accompanying papers, reports, and doc- titled ‘‘Endangered and Threatened Wildlife et No. APHIS–2007–0124) received on January and Plants; Revised Designation of Critical 31, 2008; to the Committee on Agriculture, uments, and were referred as indicated: Habitat for the Tidewater Goby Nutrition, and Forestry. EC–4881. A communication from the Chair- (Eucyclogobius newberryi)’’ (RIN1018-AU81) EC–4902. A communication from the Con- man and President, Export-Import Bank of received on January 28, 2008; to the Com- gressional Review Coordinator, Animal and the United States, transmitting, pursuant to mittee on Environment and Public Works. Plant Health Inspection Service, Department law, an annual report relative to the Bank’s EC–4891. A communication from the Direc- of Agriculture, transmitting, pursuant to operations during fiscal year 2007; to the tor, Regulatory Management Division, Envi- law, the report of a rule entitled ‘‘Mexican Committee on Banking, Housing, and Urban ronmental Protection Agency, transmitting, Fruit Fly; Removal of Quarantined Area’’ Affairs. pursuant to law, the report of a rule entitled (Docket No. APHIS–2007–0129) received on EC–4882. A communication from the Direc- ‘‘Health and Safety Data Reporting; Addi- January 31, 2008; to the Committee on Agri- tor, Regulatory Management Division, Envi- tion of Certain Chemicals’’ ((RIN2070- culture, Nutrition, and Forestry. ronmental Protection Agency, transmitting, AB11)(FRL No. 8154-2)) received on January EC–4903. A communication from the Direc- pursuant to law, the report of a rule entitled 28, 2008; to the Committee on Environment tor, Regulatory Management Division, Envi- ‘‘Fluopicolide; Pesticide Tolerance’’ (FRL and Public Works. ronmental Protection Agency, transmitting,

VerDate Aug 31 2005 02:10 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A06FE6.023 S06FEPT1 smartinez on PRODPC61 with SENATE S730 CONGRESSIONAL RECORD — SENATE February 6, 2008 pursuant to law, the report of a rule entitled tion, Department of Transportation, trans- EC–4924. A communication from the Pro- ‘‘Inert Ingredients: Denial of Pesticide Peti- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- tions 2E6491, 7E4810, and 7E4811’’ (FRL No. entitled ‘‘Standard Instrument Approach tion, Department of Transportation, trans- 8342-4) received on February 4, 2008; to the Procedures (3); Amdt. No. 3248’’ (RIN 2120- mitting, pursuant to law, the report of a rule Committee on Agriculture, Nutrition, and AA65) received on February 4, 2008; to the entitled ‘‘Modification of Class E Airspace; Forestry. Committee on Commerce, Science, and Lee’s Summit, MO’’ ((RIN 2120-AA66)(Docket EC–4904. A communication from the Assist- Transportation. No. 07-ACE-10)) received on February 4, 2008; ant Secretary of Defense (Homeland Defense EC–4915. A communication from the Pro- to the Committee on Commerce, Science, and Americas’ Security Affairs), transmit- gram Analyst, Federal Aviation Administra- and Transportation. ting, pursuant to law, a report relative to as- tion, Department of Transportation, trans- EC–4925. A communication from the Pro- sistance provided by the Department to ci- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- vilian sporting events during calendar year entitled ‘‘Amendment of Class E Airspace; tion, Department of Transportation, trans- 2007; to the Committee on Armed Services. Du Bois, PA’’ ((RIN 2120-AA66)(Docket No. mitting, pursuant to law, the report of a rule EC–4905. A communication from the Direc- 05-AEA-17)) received on February 4 , 2008; to entitled ‘‘Modification of Class E Airspace; tor, Defense Procurement and Acquisition the Committee on Commerce, Science, and Fort Scott, KS’’ ((RIN 2120-AA66)(Docket No. Policy, Department of Defense, transmit- Transportation. 07-ACE-8)) received on February 4, 2008; to ting, pursuant to law, a report relative to EC–4916. A communication from the Pro- the Committee on Commerce, Science, and service charges imposed on one component of gram Analyst, Federal Aviation Administra- Transportation. the Department for purchases made through tion, Department of Transportation, trans- EC–4926. A communication from the Pro- another component of the Department; to mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- the Committee on Armed Services. entitled ‘‘Amendment of Class E Airspace; tion, Department of Transportation, trans- EC–4906. A communication from the Under Aguadilla, PR’’ ((RIN 2120-AA66)(Docket No. mitting, pursuant to law, the report of a rule Secretary of Defense (Comptroller), trans- 07-ASO-22)) received on February 4, 2008; to entitled ‘‘Amendment of Class E Airspace; mitting, pursuant to law, a report entitled the Committee on Commerce, Science, and Philipsburg, PA’’ ((RIN 2120-AA66)(Docket ‘‘Acceptance of Contributions for Defense Transportation. No. 05-AEA-21)) received on February 4, 2008; Programs, Projects, and Activities; Defense EC–4917. A communication from the Pro- to the Committee on Commerce, Science, Cooperation Account’’; to the Committee on gram Analyst, Federal Aviation Administra- and Transportation. Armed Services. tion, Department of Transportation, trans- EC–4927. A communication from the Pro- EC–4907. A communication from the Sec- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- retary of the Treasury, transmitting, pursu- entitled ‘‘Standard Instrument Approach tion, Department of Transportation, trans- ant to law, a six-month periodic report on Procedures (97); Amdt. No. 3245’’ (RIN 2120- mitting, pursuant to law, the report of a rule the national emergency that was declared in AA65) received on February 4, 2008; to the entitled ‘‘Amendment of Class E Airspace; Executive Order 13441 with respect to Leb- Committee on Commerce, Science, and Pottsville, PA’’ ((RIN2120–AA66)(Docket No. anon; to the Committee on Banking, Hous- Transportation. 05–AEA–18)) received on February 4, 2008; to EC–4918. A communication from the Pro- ing, and Urban Affairs. the Committee on Commerce, Science, and EC–4908. A communication from the Presi- gram Analyst, Federal Aviation Administra- Transportation. dent of the United States, transmitting, pur- tion, Department of Transportation, trans- EC–4928. A communication from the Pro- suant to law, a report on the continuation of mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- the national emergency that was declared entitled ‘‘Amendment of Class E Airspace; tion, Department of Transportation, trans- with respect to the conflict in the Cote Williamsport, PA’’ ((RIN 2120-AA66)(Docket mitting, pursuant to law, the report of a rule d’Ivoire; to the Committee on Banking, No. 05-AEA-19)) received on February 4, 2008; entitled ‘‘Airworthiness Directives; Eclipse Housing, and Urban Affairs. to the Committee on Commerce, Science, Aviation Corporation Model EA500 Air- EC–4909. A communication from the Chief and Transportation. Counsel, Federal Emergency Management EC–4919. A communication from the Pro- planes’’ ((RIN2120–AA64)(Docket No. 2007–CE– Agency, Department of Homeland Security, gram Analyst, Federal Aviation Administra- 083)) received on February 4, 2008; to the transmitting, pursuant to law, the report of tion, Department of Transportation, trans- Committee on Commerce, Science, and a rule entitled ‘‘Suspension of Community mitting, pursuant to law, the report of a rule Transportation. Eligibility’’ (72 FR 73651) received on Janu- entitled ‘‘Establishment of Class E Airspace; EC–4929. A communication from the Pro- ary 31, 2008; to the Committee on Banking, Hailey, ID’’ ((RIN 2120-AA66)(Docket No. 07- gram Analyst, Federal Aviation Administra- Housing, and Urban Affairs. ANM-8)) received on February 4, 2008; to the tion, Department of Transportation, trans- EC–4910. A communication from the Sec- Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule retary, Federal Trade Commission, transmit- Transportation. entitled ‘‘Airworthiness Directives; Boeing ting, pursuant to law, the report of a rule en- EC–4920. A communication from the Pro- Model 747–100B SUD, 747–200B, 747–300, 747– titled ‘‘Rule Concerning Disclosures Regard- gram Analyst, Federal Aviation Administra- 400, and 747–400D Series Airplanes’’ ing Energy Consumption and Water Use of tion, Department of Transportation, trans- ((RIN2120–AA64)(Docket No. 2007–NM–306)) Certain Home Appliances and other Products mitting, pursuant to law, the report of a rule received on February 4, 2008; to the Com- Required Under the Energy Policy and Con- entitled ‘‘Establishment of Class E Airspace; mittee on Commerce, Science, and Transpor- servation Act’’ (RIN 3084-AA74) received on Beaver, UT’’ ((RIN 2120-AA66)(Docket No. 06- tation. February 5, 2008; to the Committee on Com- ANM-12)) received on February 4, 2008; to the EC–4930. A communication from the Pro- merce, Science, and Transportation. Committee on Commerce, Science, and gram Analyst, Federal Aviation Administra- EC–4911. A communication from the Pro- Transportation. tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- EC–4921. A communication from the Pro- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; CFM mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- International, S.A. CFM56–5C4/1 Series Tur- entitled ‘‘Standard Instrument Approach mitting, pursuant to law, the report of a rule bofan Engines’’ ((RIN2120–AA64)(Docket No. Procedures (28); Amdt. No. 3247’’ (RIN 2120- entitled ‘‘Establishment of Class E Airspace; 2001–NE–15)) received on February 4, 2008; to AA65) received on February 4, 2008; to the Muncy, PA’’ ((RIN 2120-AA66)(Docket No. 07- the Committee on Commerce, Science, and Committee on Commerce, Science, and AEA-08)) received on February 4, 2008; to the Transportation. Transportation. Committee on Commerce, Science, and EC–4931. A communication from the Pro- EC–4912. A communication from the Pro- Transportation. gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- EC–4922. A communication from the Pro- tion, Department of Transportation, trans- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Bell Hel- entitled ‘‘Part 95 Instrument Flight Rules mitting, pursuant to law, the report of a rule icopter Textron Canada Model 206A and 206B (18); Amdt. No. 471’’ (RIN 2120-AA63) received entitled ‘‘Establishment of Class E Airspace; Helicopters’’ ((RIN2120–AA64)(Docket No. on February 4, 2008; to the Committee on Tappahannock, VA’’ ((RIN 2120-AA66)(Docket 2007–SW–14)) received on February 4, 2008; to Commerce, Science, and Transportation. No. 07-AEA-04)) received on February 4, 2008; the Committee on Commerce, Science, and EC–4913. A communication from the Pro- to the Committee on Commerce, Science, Transportation. gram Analyst, Federal Aviation Administra- and Transportation. EC–4932. A communication from the Pro- tion, Department of Transportation, trans- EC–4923. A communication from the Pro- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- entitled ‘‘Standard Instrument Approach tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule Procedures (1); Amdt. No. 3246’’ (RIN 2120- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Boeing AA65) received on February 4, 2008; to the entitled ‘‘Amendment of Class E Airspace; Model 737–100, –200, –200C, –300, –400, and –500 Committee on Commerce, Science, and St. Mary’s, PA’’ ((RIN 2120-AA66)(Docket No. Series Airplanes’’ ((RIN2120–AA64)(Docket Transportation. 05-AEA-20)) received on February 4, 2008; to No. 2007–NM–221)) received on February 4, EC–4914. A communication from the Pro- the Committee on Commerce, Science, and 2008; to the Committee on Commerce, gram Analyst, Federal Aviation Administra- Transportation. Science, and Transportation.

VerDate Aug 31 2005 02:10 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A06FE6.037 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S731 EC–4933. A communication from the Pro- tion, Department of Transportation, trans- tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Bell Hel- entitled ‘‘Airworthiness Directives; Goodrich mitting, pursuant to law, the report of a rule icopter Textron Canada Model 206A and 206B Evacuation Systems Approved Under Tech- entitled ‘‘Airworthiness Directives; Bell Hel- Series Helicopters’’ ((RIN2120–AA64)(Docket nical Standard Order TSO–C69b and Installed icopter Textron Canada Limited Model 206A, No. 2007–SW–12)) received on February 4, on Airbus Model A330–200 and –300 Series Air- 206B, 206L, 206L–1, 206L–3, 206L–4, 222, 222B, 2008; to the Committee on Commerce, planes, Model A340–200 and –300 Series Air- 222U, 230, 407, 427, and 430 Helicopters’’ Science, and Transportation. planes, and Model A340–541 and –642 Air- ((RIN2120–AA64)(Docket No. 2007–SE–36)) re- EC–4943. A communication from the Pro- planes’’ ((RIN2120–AA64)(Docket No. 2007– ceived on February 4, 2008; to the Committee gram Analyst, Federal Aviation Administra- NM–035)) received on February 4, 2008; to the on Commerce, Science, and Transportation. tion, Department of Transportation, trans- Committee on Commerce, Science, and EC–4934. A communication from the Pro- mitting, pursuant to law, the report of a rule Transportation. gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Bell Hel- EC–4952. A communication from the Pro- tion, Department of Transportation, trans- icopter Textron, Inc. Model 205A, 205A–1, gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule 205B, 212, 412, 412CF, and 412EP Helicopters’’ tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Cessna ((RIN2120–AA64)(Docket No. 2005–SW–37)) re- mitting, pursuant to law, the report of a rule Aircraft Company, Model 525B Airplanes’’ ceived on February 4, 2008; to the Committee entitled ‘‘Airworthiness Directives; CTRM ((RIN2120–AA64)(Docket No. 2007–CE–085)) re- on Commerce, Science, and Transportation. Aviation Sdn. Bhd. Model Eagle 150B Air- ceived on February 4, 2008; to the Committee EC–4944. A communication from the Pro- planes’’ ((RIN2120–AA64)(Docket No. 2007–CE– on Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- 069)) received on February 4, 2008; to the EC–4935. A communication from the Pro- tion, Department of Transportation, trans- Committee on Commerce, Science, and gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule Transportation. tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Rolls- EC–4953. A communication from the Pro- mitting, pursuant to law, the report of a rule Royce plc RB211 Trent 768–60, 772–60, 772B–60, gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Diamond and 772C–60 Turbofan Engines’’ ((RIN2120– tion, Department of Transportation, trans- Aircraft Industries Model DA 42 Airplanes’’ AA64)(Docket No. 2007–NE–28)) received on mitting, pursuant to law, the report of a rule ((RIN2120–AA64)(Docket No. 2007–CE–067)) re- February 4, 2008; to the Committee on Com- entitled ‘‘Airworthiness Directives; EADS ceived on February 4, 2008; to the Committee merce, Science, and Transportation. SOCATA Model TBM 700 Airplanes’’ on Commerce, Science, and Transportation. EC–4945. A communication from the Pro- ((RIN2120–AA64)(Docket No. 2007–CE–081)) re- EC–4936. A communication from the Pro- gram Analyst, Federal Aviation Administra- ceived on February 4, 2008; to the Committee gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- on Commerce, Science, and Transportation. tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule EC–4954. A communication from the Pro- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Fokker gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Model F.28 Mark 0070 and 0100 Airplanes’’ tion, Department of Transportation, trans- Aeromot-Industria Mecanico Metalurgica ((RIN2120–AA64)(Docket No. 2007–NM–133)) mitting, pursuant to law, the report of a rule Ltda. Model AMT–100/200/200S/300 Gliders’’ received on February 4, 2008; to the Com- entitled ‘‘Airworthiness Directives; Airbus ((RIN2120–AA64)(Docket No. 2007–CE–066)) re- mittee on Commerce, Science, and Transpor- Model A330 Airplanes’’ ((RIN2120– ceived on February 4, 2008; to the Committee tation. AA64)(Docket No. 2007–NM–229)) received on on Commerce, Science, and Transportation. EC–4946. A communication from the Pro- February 4, 2008; to the Committee on Com- EC–4937. A communication from the Pro- gram Analyst, Federal Aviation Administra- merce, Science, and Transportation. gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- EC–4955. A communication from the Pro- tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Airbus tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Bell Hel- Model A300–600 Series Airplanes’’ ((RIN2120– mitting, pursuant to law, the report of a rule icopter Textron, Inc. Model 204B, 205A, 205A– AA64)(Docket No. 2006–NM–218)) received on entitled ‘‘Airworthiness Directives; Boeing 1, 205B, 210, 212, 412, 412EP, and 412CF Heli- February 4, 2008; to the Committee on Com- Model 707 Airplanes and Model 720 and 720B copters’’ ((RIN2120–AA64)(Docket No. 2007– merce, Science, and Transportation. Series Airplanes’’ ((RIN2120–AA64)(Docket SW–37)) received on February 4, 2008; to the EC–4947. A communication from the Pro- No. 2007–NM–010)) received on February 4, Committee on Commerce, Science, and gram Analyst, Federal Aviation Administra- 2008; to the Committee on Commerce, Transportation. tion, Department of Transportation, trans- Science, and Transportation. EC–4938. A communication from the Pro- mitting, pursuant to law, the report of a rule EC–4956. A communication from the Pro- gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives; Boeing gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- Model 757–200, –200PF, and –200CB Series Air- tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule planes’’ ((RIN2120–AA64)(Docket No. FAA– mitting, pursuant to law, the report of a rule entitled ‘‘Standard Instrument Approach 2007–27560)) received on February 4, 2008; to entitled ‘‘Airworthiness Directives; Boeing Procedures (68); Amdt. No. 3241’’ (RIN2120– the Committee on Commerce, Science, and Model 747–400, 747–400D, and 747–400F Series AA65) received on February 4, 2008; to the Transportation. Airplanes; Model 757–200 Series Airplanes; Committee on Commerce, Science, and EC–4948. A communication from the Pro- and Model 767–200, 767–300, and 767–300F Se- Transportation. gram Analyst, Federal Aviation Administra- ries Airplanes’’ ((RIN2120–AA64)(Docket No. EC–4939. A communication from the Pro- tion, Department of Transportation, trans- 2007–NM–088)) received on February 4, 2008; to gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule the Committee on Commerce, Science, and tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Airbus Transportation. mitting, pursuant to law, the report of a rule Model A300 Series Airplanes’’ ((RIN2120– EC–4957. A communication from the Pro- entitled ‘‘Standard Instrument Approach AA64) (Docket No. 2006–NM–182)) received on gram Analyst, Federal Aviation Administra- Procedures (101); Amdt. No. 3243’’ (RIN2120– February 4, 2008; to the Committee on Com- tion, Department of Transportation, trans- AA65) received on February 4, 2008; to the merce, Science, and Transportation. mitting, pursuant to law, the report of a rule Committee on Commerce, Science, and EC–4949. A communication from the Pro- entitled ‘‘Airworthiness Directives; Cessna Transportation. gram Analyst, Federal Aviation Administra- Model 560 Airplanes’’ ((RIN2120– EC–4940. A communication from the Pro- tion, Department of Transportation, trans- AA64)(Docket No. 2007–NM–234)) received on gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule February 4, 2008; to the Committee on Com- tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Airbus merce, Science, and Transportation. mitting, pursuant to law, the report of a rule Model A330 Airplanes’’ ((RIN2120– EC–4958. A communication from the Pro- entitled ‘‘Standard Instrument Approach AA64)(Docket No. 2007–NM–229)) received on gram Analyst, Federal Aviation Administra- Procedures (8); Amdt. No. 3244’’ (RIN2120– February 4, 2008; to the Committee on Com- tion, Department of Transportation, trans- AA65) received on February 4, 2008; to the merce, Science, and Transportation. mitting, pursuant to law, the report of a rule Committee on Commerce, Science, and EC–4950. A communication from the Pro- entitled ‘‘Airworthiness Directives; Boeing Transportation. gram Analyst, Federal Aviation Administra- Model 767–200, –300, and –300F Series Air- EC–4941. A communication from the Pro- tion, Department of Transportation, trans- planes’’ ((RIN2120–AA64)(Docket No. 2007– gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule NM–108)) received on February 4, 2008; to the tion, Department of Transportation, trans- entitled ‘‘Airworthiness Directives; Airbus Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule Model A330–200, A330–300, A340–200, A340–300, Transportation. entitled ‘‘Standard Instrument Approach A340–500, and A340–600 Series Airplanes’’ EC–4959. A communication from the Pro- Procedures (67); Amdt. No. 3249’’ (RIN2120– ((RIN2120–AA64)(Docket No. 2007–NM–241)) gram Analyst, Federal Aviation Administra- AA65) received on February 4, 2008; to the received on February 4, 2008; to the Com- tion, Department of Transportation, trans- Committee on Commerce, Science, and mittee on Commerce, Science, and Transpor- mitting, pursuant to law, the report of a rule Transportation. tation. entitled ‘‘Airworthiness Directives; Boeing EC–4942. A communication from the Pro- EC–4951. A communication from the Pro- Model 777 Airplanes’’ ((RIN2120– gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- AA64)(Docket No. 2005–NM–164)) received on

VerDate Aug 31 2005 02:10 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A06FE6.039 S06FEPT1 smartinez on PRODPC61 with SENATE S732 CONGRESSIONAL RECORD — SENATE February 6, 2008 February 4, 2008; to the Committee on Com- Neurock, which nominations were received Army nomination of Joseph B. Dore, 0588, merce, Science, and Transportation. by the Senate and appeared in the Congres- to be Colonel. EC–4960. A communication from the Assist- sional Record on January 23, 2008. Army nomination of William J. Hersh, ant Chief Counsel for Hazardous Materials Air Force nominations beginning with 6277, to be Colonel. Safety, Department of Transportation, Paul A. Abson and ending with Philip A. Army nomination of James C. Cummings, transmitting, pursuant to law, the report of Sweet, which nominations were received by 8883, to be Colonel. a rule entitled ‘‘Hazardous Materials; Mis- the Senate and appeared in the Congres- Army nomination of Eugene W. Gavin, cellaneous Amendments’’ (RIN2137–AE10) re- sional Record on January 23, 2008. 0749, to be Colonel. ceived on February 4, 2008; to the Committee Air Force nominations beginning with Army nominations beginning with Bruce on Commerce, Science, and Transportation. Mari L. Archer and ending with Gilbert W. H. Bahr and ending with George R. Wolfe, which nominations were received by Gwaltney, which nominations were received f the Senate and appeared in the Congres- by the Senate and appeared in the Congres- sional Record on January 23, 2008. sional Record on January 23, 2008. (minus 1 EXECUTIVE REPORTS OF nominee: Allen D. Ferry) COMMITTEES Air Force nominations beginning with Wil- liam A. Beyers III and ending with Ross A. Army nominations beginning with David The following executive reports of Ziegler, which nominations were received by A. Brant and ending with Corliss Gadsden, nominations were submitted: the Senate and appeared in the Congres- which nominations were received by the Sen- ate and appeared in the Congressional By Mr. LEVIN for the Committee on sional Record on January 23, 2008. Air Force nominations beginning with Record on January 23, 2008. Armed Services. Army nominations beginning with Harold Air Force nominations beginning with Robert R. Cannon and ending with Lyle E. Von Seggern, which nominations were re- A. Felton and ending with Arland O. Haney, Colonel Mark A. Ediger and ending with which nominations were received by the Sen- Colonel Daniel O. Wyman, which nomina- ceived by the Senate and appeared in the Congressional Record on January 23, 2008. ate and appeared in the Congressional tions were received by the Senate and ap- Record on January 23, 2008. peared in the Congressional Record on De- Air Force nominations beginning with Vito Emil Addabbo and ending with James A. Army nominations beginning with Anne M. cember 11, 2007. Bauer and ending with Jo A. Mcelligott, Air Force nomination of Brig. Gen. Cecil Zietlow, which nominations were received by the Senate and appeared in the Congres- which nominations were received by the Sen- R. Richardson, 3790, to be Major General. ate and appeared in the Congressional Air Force nomination of Col. Robert G. sional Record on January 23, 2008. Air Force nominations beginning with Record on January 23, 2008. Kenny, to be Brigadier General. Army nominations beginning with Deborah Azad Y. Keval and ending with Troy L. Sul- Air Force nominations beginning with Col. G. Davis and ending with Debra M. Simpson, livan III, which nominations were received Daniel P. Gillen and ending with Col. Mi- which nominations were received by the Sen- by the Senate and appeared in the Congres- chael J. Yaszemski, which nominations were ate and appeared in the Congressional sional Record on January 23, 2008. received by the Senate and appeared in the Air Force nomination of Lance A. Avery, Record on January 23, 2008. Congressional Record on January 23, 2008. Army nominations beginning with Ruben 7092, to be Lieutenant Colonel. Air Force nominations beginning with Alvero and ending with Hae S. Yuo, which Air Force nominations beginning with Brigadier General Robert Benjamin Bartlett nominations were received by the Senate and Billy R. Morgan and ending with Joseph R. and ending with Brigadier General James T. appeared in the Congressional Record on Lowe, which nominations were received by Rubeor, which nominations were received by January 23, 2008. the Senate and appeared in the Congres- the Senate and appeared in the Congres- Army nominations beginning with Ronald sional Record on January 23, 2008. L. Bonheur and ending with David S. Werner, sional Record on January 23, 2008. Air Force nomination of Inaam A. which nominations were received by the Sen- Air Force nominations beginning with Pedalino, 4601, to be Major. ate and appeared in the Congressional Colonel Robert S. Arthur and ending with Air Force nominations beginning with Record on January 23, 2008. Colonel Paul L. Sampson, which nomina- Demea A. Alderman and ending with Philip Army nominations beginning with Gerard tions were received by the Senate and ap- H. Wang, which nominations were received P. Curran and ending with Mark Tranovich, peared in the Congressional Record on Janu- by the Senate and appeared in the Congres- which nominations were received by the Sen- ary 23, 2008. sional Record on January 23, 2008. ate and appeared in the Congressional Air Force nomination of Lt. Gen. Douglas Air Force nomination of Theresa D. Clark, M. Fraser, 7505, to be Lieutenant General. Record on January 23, 2008. 1549, to be Major. Army nominations beginning with Jeffrey Navy nomination of Rear Adm. Mark E. Air Force nominations beginning with Lee A. Weiss and ending with Richard E. Wolfert, Ferguson III, 0136, to be Vice Admiral. E. Ackley and ending with Clayton D. Wilson which nominations were received by the Sen- Navy nomination of Vice Adm. John C. III, which nominations were received by the ate and appeared in the Congressional Harvey, Jr., 4323, to be Vice Admiral. Senate and appeared in the Congressional Record on January 23, 2008. Army nomination of Maj. Gen. Joseph F. Record on January 23, 2008. Fil, Jr., 0990, to be Lieutenant General. Army nominations beginning with Charles Air Force nominations beginning with Said S. Oleary and ending with Gary B. Tooley, Mr. LEVIN. Mr. President, for the R. Acosta and ending with Cynthia F. Yap, which nominations were received by the Sen- Committee on Armed Services I report which nominations were received by the Sen- ate and appeared in the Congressional favorably the following nomination ate and appeared in the Congressional Record on January 23, 2008. lists which were printed in the Record on January 23, 2008. Army nominations beginning with Patrick Air Force nominations beginning with RECORDS on the dates indicated, and S. Allison and ending with Shaofan K. Xu, Jason E. Macdonald and ending with Derek which nominations were received by the Sen- ask unanimous consent, to save the ex- P. Mims, which nominations were received pense of reprinting on the Executive ate and appeared in the Congressional by the Senate and appeared in the Congres- Record on January 23, 2008. Calendar that these nominations lie at sional Record on January 23, 2008. Army nominations beginning with Edward the Secretary’s desk for the informa- Army nominations beginning with Gerald B. Browning and ending with Billie J. Wis- tion of Senators. K. Bebber and ending with Phillip F. Wright, dom, Jr., which nominations were received The PRESIDING OFFICER. Without which nominations were received by the Sen- by the Senate and appeared in the Congres- ate and appeared in the Congressional objection, it is so ordered. sional Record on January 23, 2008. Record on September 27, 2007. Army nominations beginning with Sandra Air Force nomination of Chevalier P. Army nominations beginning with Manuel G. Apostolos and ending with Marilyn Cleaves, 6145, to be Colonel. Pozoalonso and ending with Rachelle A. Yergler, which nominations were received by Air Force nomination of Jawn M. Sischo, Retoma, which nominations were received by the Senate and appeared in the Congres- 6607, to be Colonel. the Senate and appeared in the Congres- sional Record on January 23, 2008. Air Force nomination of Joaquin Sariego, sional Record on December 19, 2007. Army nomination of Orlando Salinas, 6967, 0059, to be Colonel. Army nomination of Jeffrey P. Short, 6976, to be Colonel. Air Force nominations beginning with to be Major. Army nomination of Debra D. Rice, 3633, to John A. Calcaterra, Jr. and ending with Army nomination of Saqib Ishteeaque, be Colonel. Maria D. Rodriguezrodriguez, which nomina- 7038, to be Major. Army nomination of Robert J. Mouw, 4121, tions were received by the Senate and ap- Army nominations beginning with Wanda to be Colonel. peared in the Congressional Record on Janu- L. Horton and ending with Ruth Slamen, Army nomination of Rabi L. Singh, 2515, to ary 23, 2008. which nominations were received by the Sen- be Major. Air Force nominations beginning with ate and appeared in the Congressional Marine Corps nomination of Lester W. Jerry Alan Arends and ending with Billy L. Record on January 23, 2008. Thompson, 5198, to be Major. Little, Jr., which nominations were received Army nominations beginning with David J. Marine Corps nominations beginning with by the Senate and appeared in the Congres- Barillo and ending with Ian D. Cole, which Russell L. Bergeman and ending with James sional Record on January 23, 2008. nominations were received by the Senate and K. Walker, which nominations were received Air Force nominations beginning with appeared in the Congressional Record on by the Senate and appeared in the Congres- Donnie W. Bethel and ending with Mitchel January 23, 2008. sional Record on January 23, 2008.

VerDate Aug 31 2005 02:10 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A06FE6.042 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S733 Navy nomination of Thomas J. Harvan, S. 2601. A bill to require the Secretary of of S. 1514, a bill to revise and extend 5049, to be Captain. Agriculture to convey to King and Kittitas provisions under the Garrett Lee Navy nomination of John G. Bruening, Counties Fire District No. 51 a certain parcel Smith Memorial Act. 7092, to be Captain. of real property for use as a site for a new Navy nomination of John M. Dorey, 3429, Snoqualmie Pass fire and rescue station; to S. 1818 to be Captain. the Committee on Energy and Natural Re- At the request of Mr. OBAMA, the Navy nominations beginning with Thomas sources. name of the Senator from Maryland P. Carroll and ending with Gary V. Pascua, By Mr. SALAZAR: (Mr. CARDIN) was added as a cosponsor which nominations were received by the Sen- S. 2602. A bill to amend the Department of of S. 1818, a bill to amend the Toxic ate and appeared in the Congressional the Interior, Environment, and Related Substances Control Act to phase out Record on January 23, 2008. Agencies Appropriations Act, 2008, to termi- the use of mercury in the manufacture Navy nominations beginning with David J. nate the authority of the Secretary of the Robillard and ending with Sherry W. Treasury to deduct amounts from certain of chlorine and caustic soda, and for Wangwhite, which nominations were re- States; to the Committee on Energy and other purposes. ceived by the Senate and appeared in the Natural Resources. S. 1926 Congressional Record on January 23, 2008. f At the request of Mr. DODD, the Navy nomination of Michael V. Misiewicz, names of the Senator from Maryland 7171, to be Commander. SUBMISSION OF CONCURRENT AND (Ms. MIKULSKI), the Senator from Navy nomination of John A. Bowman, 5721, SENATE RESOLUTIONS to be Lieutenant Commander. North Dakota (Mr. DORGAN) and the The following concurrent resolutions (Nominations without an asterisk Senator from Ohio (Mr. BROWN) were and Senate resolutions were read, and were reported with the recommenda- added as cosponsors of S. 1926, a bill to referred (or acted upon), as indicated: tion that they be confirmed.) establish the National Infrastructure By Mr. BIDEN (for himself, Ms. MUR- Bank to provide funding for qualified f KOWSKI, and Mr. HAGEL): infrastructure projects, and for other INTRODUCTION OF BILLS AND S. Res. 444. A resolution expressing the purposes. sense of the Senate regarding the strong alli- JOINT RESOLUTIONS S. 2071 ance that has been forged between the The following bills and joint resolu- United States and the Republic of Korea and At the request of Mrs. FEINSTEIN, the tions were introduced, read the first congratulating Myung-Bak Lee on his elec- name of the Senator from Illinois (Mr. and second times by unanimous con- tion to the presidency of the Republic of DURBIN) was added as a cosponsor of S. sent, and referred as indicated: Korea; to the Committee on Foreign Rela- 2071, a bill to enhance the ability to By Mr. SCHUMER: tions. combat methamphetamine. By Mr. DURBIN: S. 2594. A bill to amend title I of the High- S. 2275 er Education Act of 1965 regarding institu- S. Con. Res. 65. A concurrent resolution celebrating the birth of Abraham Lincoln At the request of Mrs. FEINSTEIN, the tion financial aid offer form requirements; to name of the Senator from New Mexico the Committee on Health, Education, Labor, and recognizing the prominence the Declara- and Pensions. tion of Independence played in the develop- (Mr. BINGAMAN) was added as a cospon- By Mrs. FEINSTEIN (for herself and ment of Abraham Lincoln’s beliefs; to the sor of S. 2275, a bill to prohibit the Mr. MARTINEZ): Committee on the Judiciary. manufacture, sale, or distribution in S. 2595. A bill to create a national licensing f commerce of certain children’s prod- system for residential mortgage loan origi- ucts and child care articles that con- ADDITIONAL COSPONSORS nators, to develop minimum standards of tain phthalates, and for other purposes. conduct to be enforced by State regulators, S. 37 S. 2296 and for other purposes; to the Committee on At the request of Mr. DOMENICI, the At the request of Mr. SCHUMER, the Banking, Housing, and Urban Affairs. name of the Senator from Tennessee By Mr. DEMINT (for himself, Mr. name of the Senator from California LEXANDER COBURN, Mr. INHOFE, Mr. CORNYN, Mr. (Mr. A ) was added as a co- (Mrs. BOXER) was added as a cosponsor VITTER, and Mr. CHAMBLISS): sponsor of S. 37, a bill to enhance the of S. 2296, a bill to provide for improved S. 2596. A bill to rescind funds appropriated management and disposal of spent nu- disclosures by all mortgage lenders at by the Consolidated Appropriations Act, clear fuel and high-level radioactive the loan approval and settlement 2008, for the City of Berkeley, California, and waste, to assure protection of public stages of all mortgage loans. any entities located in such city, and to pro- health safety, to ensure the territorial S. 2439 vide that such funds shall be transferred to integrity and security of the repository At the request of Mr. MENENDEZ, the the Operation and Maintenance, Marine at Yucca Mountain, and for other pur- Corps account of the Department of Defense name of the Senator from Minnesota poses. for the purposes of recruiting; read the first (Mr. COLEMAN) was added as a cospon- time. S. 573 sor of S. 2439, a bill to require the Na- By Mr. LUGAR: At the request of Ms. STABENOW, the tional Incident Based Reporting Sys- S. 2597. A bill to authorize the extension of name of the Senator from Hawaii (Mr. nondiscriminatory treatment (normal trade tem, the Uniform Crime Reporting Pro- INOUYE) was added as a cosponsor of S. relations treatment) to the products of gram, and the Law Enforcement Na- Moldova; to the Committee on Finance. 573, a bill to amend the Federal Food, tional Data Exchange Program to list By Mr. DORGAN (for himself, Mr. Drug, and Cosmetic Act and the Public cruelty to animals as a separate of- BINGAMAN, Mr. LEVIN, Mr. KERRY, Ms. Health Service Act to improve the pre- fense category. vention, diagnosis, and treatment of COLLINS, Mr. LIEBERMAN, and Mr. S. 2549 WYDEN): heart disease, stroke, and other cardio- At the request of Mrs. CLINTON, the S. 2598. A bill to increase the supply and vascular diseases in women. lower the cost of petroleum by temporarily name of the Senator from Maryland S. 1084 suspending the acquisition of petroleum for (Mr. CARDIN) was added as a cosponsor the Strategic Petroleum Reserve; to the At the request of Mr. AKAKA, his of S. 2549, a bill to require the Adminis- Committee on Energy and Natural Re- name was added as a cosponsor of S. trator of the Environmental Protection sources. 1084, a bill to provide housing assist- Agency to establish an Interagency By Mr. CORKER (for himself and Mrs. ance for very low-income veterans. Working Group on Environmental Jus- MCCASKILL): S. 1175 tice to provide guidance to Federal S. 2599. A bill to provide enhanced edu- cation and employment opportunities for At the request of Mr. DURBIN, the agencies on the development of criteria military spouses; to the Committee on Fi- name of the Senator from Washington for identifying disproportionately high nance. (Ms. CANTWELL) was added as a cospon- and adverse human health or environ- By Mr. HARKIN (for himself and Mr. sor of S. 1175, a bill to end the use of mental effects on minority populations GRASSLEY): child soldiers in hostilities around the and low-income populations, and for S. 2600. A bill to provide for the designa- world, and for other purposes. other purposes. tion of a single ZIP code for Windsor S. 1514 S. 2586 Heights, Iowa; to the Committee on Home- land Security and Governmental Affairs. At the request of Mr. DODD, the name At the request of Mr. ROCKEFELLER, By Ms. CANTWELL (for herself and of the Senator from New Jersey (Mr. the name of the Senator from Wash- Mrs. MURRAY): LAUTENBERG) was added as a cosponsor ington (Ms. CANTWELL) was added as a

VerDate Aug 31 2005 04:05 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A06FE6.032 S06FEPT1 smartinez on PRODPC61 with SENATE S734 CONGRESSIONAL RECORD — SENATE February 6, 2008 cosponsor of S. 2586, a bill to provide ator MARTINEZ to introduce legislation Most mortgage brokers and non-bank States with fiscal relief through a tem- that takes a major step forward in lenders are only lightly regulated by porary increase in the Federal medical curbing the abusive lending practices State agencies. Standards of account- assistance percentage and direct pay- which contributed to the subprime ability have not kept pace with the in- ments to States. mortgage crisis. With foreclosures at creasing sophistication of the mort- S. RES. 432 record levels, the housing market in gage industry. steady decline, a global credit crunch, At the request of Mr. BIDEN, the As adjustable-rate mortgages reset to and the economy nearing recession, it names of the Senator from Georgia higher rates, many American families is imperative that we act quickly to re- (Mr. CHAMBLISS) and the Senator from find themselves in homes they can no store confidence in the American Oregon (Mr. SMITH) were added as co- longer afford. The percentage of home- dream of home ownership. sponsors of S. Res. 432, a resolution owners currently behind on their mort- Our legislation will eliminate bad ac- gage payments is at its highest level in urging the international community to tors from the mortgage business, and 21 years. provide the United Nations-African require that brokers and lenders meet Union Mission in Sudan with essential minimum national standards which en- Mr. President, 2.2 million home- tactical and utility helicopters. sure they are professional, competent, owners filed for foreclosure last year AMENDMENT NO. 3910 and trustworthy. and many lenders have gone out of At the request of Mrs. FEINSTEIN, the First, it would create a comprehen- business or sought bankruptcy protec- name of the Senator from Colorado sive database of all residential mort- tion. (Mr. SALAZAR) was added as a cospon- gage loan originators. This includes It is projected that as many as 2 mil- sor of amendment No. 3910 proposed to mortgage brokers and lenders, as well lion Americans will be forced to file for S. 2248, an original bill to amend the as loan officers of national banks and foreclosure before this crisis abates, Foreign Intelligence Surveillance Act their subsidiaries. representing $160 billion in lost equity. of 1978, to modernize and streamline Second, it would establish national The Center for Responsible Lending the provisions of that Act, and for licensing standards to ensure that has projected that one out of every five other purposes. mortgage brokers and lenders are subprime loans issued between 2005 and AMENDMENT NO. 3927 trained in legal aspects of lending, eth- 2006 will fail. ics, and consumer protection. At the request of Mr. SPECTER, the Our bill is similar to H.R. 3012, intro- California has been especially hard names of the Senator from Michigan duced in the House by Representative hit. Mr. President, 5 of the 10 metro- (Mr. LEVIN) and the Senator from politan areas with the highest fore- SPENCER BACHUS, the Ranking Member Maryland (Mr. CARDIN) were added as of the House Committee on Financial closure rate in the Nation are in Cali- cosponsors of amendment No. 3927 pro- Services. The national licensing con- fornia. The foreclosure rate in Cali- posed to S. 2248, an original bill to cept for loan originators has enjoyed fornia is roughly twice the national av- amend the Foreign Intelligence Sur- bipartisan support and was included in erage, with 1 foreclosure filing for veillance Act of 1978, to modernize and the comprehensive mortgage reform every 258 households in the State. streamline the provisions of that Act, bill, H.R. 3915, which recently passed Lenders repossessed 84,375 California and for other purposes. the House. homes last year, a sixfold increase AMENDMENT NO. 3930 A combination of low interest rates from 12,672 in 2006. Default notices—the At the request of Mr. DURBIN, his and sophisticated mortgage products, initial step in the foreclosure process— name was added as a cosponsor of among other factors, helped increase increased 143 percent between 2006 and amendment No. 3930 proposed to S. home ownership to record levels just 3 2007, rising from 104,977 in 2006 to 2248, an original bill to amend the For- years ago. 254,824 in 2007. In San Diego County eign Intelligence Surveillance Act of Subprime and exotic mortgages al- alone, foreclosures were up 353 percent 1978, to modernize and streamline the lowed millions of Americans—many in 2007. provisions of that Act, and for other with little or no down payment and According to the FBI economic purposes. questionable credit—to purchase homes crimes unit, California has been identi- AMENDMENT NO. 3978 by using adjustable-rate products with fied as one of the top 10 ‘‘mortgage low initial monthly payments. At the request of Mr. WYDEN, the fraud hot spots’’ in the Nation. names of the Senator from New York There was explosive growth in the use of these sub-prime loans: in just 2 American families are hurting, and (Mrs. CLINTON), the Senator from years, from 2004 to 2006, the number of Californians are at the center of the Vermont (Mr. SANDERS), the Senator subprime mortgages in California in- storm. With close to 500,000 adjustable- from Rhode Island (Mr. REED) and the creased 110 percent, from 273,000 to rate mortgages scheduled to reset in Senator from Illinois (Mr. DURBIN) 573,000—29.4 percent of total mortgages California over the next 2 years, the were added as cosponsors of amend- in the State. situation is likely to worsen in 2008. ment No. 3978 intended to be proposed While the majority of lenders and The subprime mortgage crisis has to H.R. 5140, a bill to provide economic brokers offered these mortgages in a threatened both the global economy stimulus through recovery rebates to responsible fashion, many others relied and the American dream of home own- individuals, incentives for business in- upon predatory lending tactics to place ership. Accountability, professional vestment, and an increase in con- unsuspecting borrowers in mortgages standards, and oversight must be en- forming and FHA loan limits. they could not afford. Competitive hanced for everyone in the mortgage f pressures and lax oversight resulted in industry. STATEMENTS ON INTRODUCED loans of increasingly poor quality This bill will make it so, and will BILLS AND JOINT RESOLUTIONS being written. help to ensure such a crisis never hap- To make matters worse, consumers pens again. By Mrs. FEINSTEIN (for herself were not adequately protected from and Mr. MARTINEZ): bad actors in the mortgage industry. Specifically, the S.A.F.E. Mortgage S. 2595. A bill to create a national li- The FBI recently reported that com- Licensing Act would require that all censing system for residential mort- plaints of mortgage fraud have sky- residential mortgage loan originators gage loan originators, to develop min- rocketed over the last few years. are licensed, providing fingerprints, a imum standards of conduct to be en- In 2003, the number of suspicious ac- summary of work experience, and con- forced by State regulators, and for tivity reports reviewed by the FBI eco- sent for a background check to au- other purposes; to the Committee on nomic crimes unit numbered 3,000. The thorities. Banking, Housing, and Urban Affairs. number of mortgage fraud complaints Additionally, minimum criteria are Mrs. FEINSTEIN. Mr. President, I increased to 48,000 last year, rep- established that individuals must meet rise today on behalf of myself and Sen- resenting a jump of 1500 percent. to obtain a license, including: no felony

VerDate Aug 31 2005 03:37 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A06FE6.027 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S735 convictions; no similar license re- Sec. 8. Secretary of Housing and Urban De- and who performs purely administrative or voked; a demonstrated record of finan- velopment backup authority to clerical tasks on behalf of a person who is de- cial responsibility; successful comple- establish a loan originator li- scribed in any such clause. censing system. (iv) does not include a person or entity tion of education requirements, 20 Sec. 9. Backup authority to establish a na- that only performs real estate brokerage ac- hours of approved courses, to include tionwide mortgage licensing tivities and is licensed or registered in ac- at least 3 hours related to Federal and registry system. cordance with applicable State law, unless laws, 4 hours on ethics and consumer Sec. 10. Fees. the person or entity is compensated by a protection in mortgage lending, and 2 Sec. 11. Background checks of loan origina- lender, a mortgage broker, or other loan hours on the subprime mortgage mar- tors. originator or by any agent of such lender, Sec. 12. Confidentiality of information. mortgage broker, or other loan originator. ketplace; and, passage of a written Sec. 13. Liability provisions. exam, the exam must be at least 100 (B) OTHER DEFINITIONS RELATING TO LOAN Sec. 14. Enforcement under HUD backup li- ORIGINATOR.—For purposes of this sub- questions and a minimum score of 75 censing system. section, an individual ‘‘assists a consumer in percent is required to pass. Sec. 15. Preemption of State law. obtaining or applying to obtain a residential The Federal Reserve, Treasury, and Sec. 16. Reports and recommendations to mortgage loan’’ by, among other things, ad- Federal Deposit Insurance Corporation Congress. vising on loan terms (including rates, fees, Sec. 17. Study and reports on defaults and other costs), preparing loan packages, or col- must also register all residential mort- foreclosures gage loan originators employed by na- lecting information on behalf of the con- SEC. 2. PURPOSES AND METHODS FOR ESTAB- sumer with regard to a residential mortgage tional banks. LISHING A MORTGAGE LICENSING loan. Lastly, State regulators must de- SYSTEM AND REGISTRY. (C) ADMINISTRATIVE OR CLERICAL TASKS.— velop a satisfactory licensing system In order to increase uniformity, reduce regulatory burden, enhance consumer pro- The term ‘‘administrative or clerical tasks’’ within 1 year following enactment of means the receipt, collection, and distribu- tection, and reduce fraud, the States, this legislation. tion of information common for the proc- through the Conference of State Bank Super- essing or underwriting of a loan in the mort- If this does not occur, the Housing visors and the American Association of Resi- gage industry and communication with a and Urban Development Secretary is dential Mortgage Regulators, are hereby en- consumer to obtain information necessary empowered to develop the national reg- couraged to establish a Nationwide Mortgage for the processing or underwriting of a resi- istry and license, generating revenue Licensing System and Registry for the resi- dential mortgage loan. for its implementation through fees to dential mortgage industry that accomplishes (D) REAL ESTATE BROKERAGE ACTIVITY DE- all of the following objectives: license applicants. FINED.—The term ‘‘real estate brokerage ac- (1) Provides uniform license applications The subprime mortgage crisis is tivity’’ means any activity that involves of- wreaking havoc on American home- and reporting requirements for State-li- fering or providing real estate brokerage owners and the national economy. The censed loan originators. services to the public, including— (2) Provides a comprehensive licensing and damage is truly staggering—more than (i) acting as a real estate agent or real es- supervisory database. tate broker for a buyer, seller, lessor, or les- 2 million foreclosure filings last year (3) Aggregates and improves the flow of in- and another 2 million expected before see of real property; formation to and between regulators. (ii) listing or advertising real property for this year is over. (4) Provides increased accountability and sale, purchase, lease, rental, or exchange; Many Americans simply cannot keep tracking of loan originators. (iii) providing advice in connection with pace with adjustable-rate mortgages (5) Streamlines the licensing process and sale, purchase, lease, rental, or exchange of that are resetting, and some were reduces the regulatory burden. real property; steered into these obligations by un- (6) Enhances consumer protections and (iv) bringing together parties interested in supports anti-fraud measures. the sale, purchase, lease, rental, or exchange scrupulous actors. (7) Provides consumers with easily acces- It is essential that this body take ac- of real property; sible information, offered at no charge, uti- (v) negotiating, on behalf of any party, any tion to address some of the factors that lizing electronic media, including the Inter- portion of a contract relating to the sale, got us here. net, regarding the employment history of, purchase, lease, rental, or exchange of real This legislation does not assign and publicly adjudicated disciplinary and en- property (other than in connection with pro- blame, but rather provides a workable forcement actions against, loan originators. viding financing with respect to any such solution to protect homebuyers and SEC. 3. DEFINITIONS. transaction); begin to restore confidence in the For purposes of this Act, the following (vi) engaging in any activity for which a American dream of homeownership. definitions shall apply: person engaged in the activity is required to I hope that my colleagues will join us (1) FEDERAL BANKING AGENCIES.—The term be registered or licensed as a real estate ‘‘Federal banking agencies’’ means the Board agent or real estate broker under any appli- in moving this important bill through of Governors of the Federal Reserve System, cable law; and the Senate quickly. the Comptroller of the Currency, the Direc- (vii) offering to engage in any activity, or Mr. President, I ask unanimous con- tor of the Office of Thrift Supervision, the act in any capacity, described in clause (i), sent that the text of the bill be printed National Credit Union Administration, and (ii), (iii), (iv), (v), or (vi). in the RECORD. the Federal Deposit Insurance Corporation. (4) LOAN PROCESSOR OR UNDERWRITER.— There being no objection, the text of (2) DEPOSITORY INSTITUTION.—The term (A) IN GENERAL.—The term ‘‘loan processor the bill was ordered to be printed in ‘‘depository institution’’ has the same mean- or underwriter’’ means an individual who ing as in section 3 of the Federal Deposit In- performs clerical or support duties at the di- the RECORD, as follows: surance Act, and includes any credit union. rection of and subject to the supervision and S. 2595 (3) LOAN ORIGINATOR.— instruction of— Be it enacted by the Senate and House of Rep- (A) IN GENERAL.—The term ‘‘loan origi- (i) a State-licensed loan originator; or resentatives of the United States of America in nator’’— (ii) a registered loan originator. Congress assembled, (i) means an individual who— (B) CLERICAL OR SUPPORT DUTIES.—For pur- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (I) takes a residential mortgage loan appli- poses of subparagraph (A), the term ‘‘clerical (a) SHORT TITLE.—This Act may be cited as cation; or support duties’’ may include— the ‘‘Secure and Fair Enforcement for Mort- (II) assists a consumer in obtaining or ap- (i) the receipt, collection, distribution, and gage Licensing Act of 2008’’ or ‘‘S.A.F.E. plying to obtain a residential mortgage loan; analysis of information common for the Mortgage Licensing Act of 2008’’. or processing or underwriting of a residential (b) TABLE OF CONTENTS.—The table of con- (III) offers or negotiates terms of a residen- mortgage loan; and tents for this Act is as follows: tial mortgage loan, for direct or indirect (ii) communicating with a consumer to ob- Sec. 1. Short title; table of contents. compensation or gain, or in the expectation tain the information necessary for the proc- Sec. 2. Purposes and methods for estab- of direct or indirect compensation or gain; essing or underwriting of a loan, to the ex- lishing a mortgage licensing (ii) includes any individual who represents tent that such communication does not in- system and registry. to the public, through advertising or other clude offering or negotiating loan rates or Sec. 3. Definitions. means of communicating or providing infor- terms, or counseling consumers about resi- Sec. 4. License or registration required. mation (including the use of business cards, dential mortgage loan rates or terms. Sec. 5. State license and registration appli- stationery, brochures, signs, rate lists, or (5) NATIONWIDE MORTGAGE LICENSING SYS- cation and issuance. other promotional items), that such indi- TEM AND REGISTRY.—The term ‘‘Nationwide Sec. 6. Standards for State license renewal. vidual can or will provide or perform any of Mortgage Licensing System and Registry’’ Sec. 7. System of registration administra- the activities described in clause (i); means a mortgage licensing system devel- tion by Federal banking agen- (iii) does not include any individual who is oped and maintained by the Conference of cies. not otherwise described in clause (i) or (ii) State Bank Supervisors and the American

VerDate Aug 31 2005 03:34 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A06FE6.047 S06FEPT1 smartinez on PRODPC61 with SENATE S736 CONGRESSIONAL RECORD — SENATE February 6, 2008 Association of Residential Mortgage Regu- SEC. 4. LICENSE OR REGISTRATION REQUIRED. (B) 3 hours of ethics, which shall include lators for the State licensing and registra- (a) IN GENERAL.—An individual may not instruction on fraud, consumer protection, tion of State-licensed loan originators and engage in the business of a loan originator and fair lending issues; and the registration of registered loan origina- without first— (C) 2 hours of training related to lending tors or any system established by the Sec- (1) obtaining and maintaining, through an standards for the subprime mortgage mar- retary under section 9. annual renewal— ketplace. (6) REGISTERED LOAN ORIGINATOR.—The (A) a registration as a registered loan (2) APPROVED EDUCATIONAL COURSES.—For term ‘‘registered loan originator’’ means any originator; or purposes of paragraph (1), pre-licensing edu- individual who— (B) a license and registration as a State-li- cation courses shall be reviewed, and ap- proved by the Nationwide Mortgage Licens- (A) meets the definition of loan originator censed loan originator; and ing System and Registry. and is an employee of a depository institu- (2) obtaining a unique identifier. (3) LIMITATION AND STANDARDS.— tion or a wholly-owned subsidiary of a depos- (b) LOAN PROCESSORS AND UNDERWRITERS.— (A) LIMITATION.—To maintain the inde- (1) SUPERVISED LOAN PROCESSORS AND UN- itory institution; and pendence of the approval process, the Na- DERWRITERS.—A loan processor or under- (B) is registered with, and maintains a tionwide Mortgage Licensing System and writer who does not represent to the public, unique identifier through, the Nationwide Registry shall not directly or indirectly offer through advertising or other means of com- Mortgage Licensing System and Registry. pre-licensure educational courses for loan municating or providing information (in- (7) RESIDENTIAL MORTGAGE LOAN.—The originators. cluding the use of business cards, stationery, term ‘‘residential mortgage loan’’ means any (B) STANDARDS.—In approving courses brochures, signs, rate lists, or other pro- loan primarily for personal, family, or house- under this section, the Nationwide Mortgage motional items), that such individual can or hold use that is secured by a mortgage, deed Licensing System and Registry shall apply will perform any of the activities of a loan of trust, or other equivalent consensual secu- reasonable standards in the review and ap- originator shall not be required to be a rity interest on a dwelling (as defined in sec- proval of courses. State-licensed loan originator or a registered tion 103(v) of the Truth in Lending Act) or (d) TESTING OF LOAN ORIGINATORS.— loan originator. residential real estate upon which is con- (1) IN GENERAL.—In order to meet the writ- structed or intended to be constructed a (2) INDEPENDENT CONTRACTORS.—A loan ten test requirement referred to in sub- dwelling (as so defined). processor or underwriter may not work as an section (b)(5), an individual shall pass, in ac- independent contractor unless such proc- (8) SECRETARY.—The term ‘‘Secretary’’ cordance with the standards established essor or underwriter is a State-licensed loan means the Secretary of Housing and Urban under this subsection, a qualified written originator or a registered loan originator. Development. test developed by the Nationwide Mortgage (9) STATE-LICENSED LOAN ORIGINATOR.—The SEC. 5. STATE LICENSE AND REGISTRATION AP- Licensing System and Registry and adminis- term ‘‘State-licensed loan originator’’ means PLICATION AND ISSUANCE. tered by an approved test provider. any individual who— (a) BACKGROUND CHECKS.—In connection (2) QUALIFIED TEST.—A written test shall (A) is a loan originator; with an application to any State for licens- not be treated as a qualified written test for (B) is not an employee of a depository in- ing and registration as a State-licensed loan purposes of paragraph (1) unless— stitution or any wholly-owned subsidiary of originator, the applicant shall, at a min- (A) the test consists of a minimum of 100 a depository institution; and imum, furnish to the Nationwide Mortgage questions; and (C) is licensed by a State or by the Sec- Licensing System and Registry information (B) the test adequately measures the appli- retary under section 8 and registered as a concerning the applicant’s identity, includ- cant’s knowledge and comprehension in ap- loan originator with, and maintains a unique ing— propriate subject areas, including— identifier through, the Nationwide Mortgage (1) fingerprints for submission to the Fed- (i) ethics; Licensing System and Registry. eral Bureau of Investigation, and any gov- (ii) Federal law and regulation pertaining to mortgage origination; (10) SUBPRIME MORTGAGE.—The term ernmental agency or entity authorized to re- (iii) State law and regulation pertaining to ‘‘subprime mortgage’’ means a residential ceive such information for a State and na- mortgage origination; and mortgage loan— tional criminal history background check; (iv) Federal and State law and regulation, (A) that is secured by real property that is and including instruction on fraud, consumer used or intended to be used as a principal (2) personal history and experience, includ- protection, subprime mortgage marketplace, dwelling; ing authorization for the System to obtain— (A) an independent credit report obtained and fair lending issues. (B) that is typically offered to borrowers from a consumer reporting agency described (3) MINIMUM COMPETENCE.— having weakened credit histories and re- in section 603(p) of the Fair Credit Reporting (A) PASSING SCORE.—An individual shall duced repayment capacity, as measured by Act; and not be considered to have passed a qualified lower credit scores, debt-to-income ratios, (B) information related to any administra- written test unless the individual achieves a and other relevant criteria; and tive, civil or criminal findings by any gov- test score of not less than 75 percent correct (C) the characteristics of which may in- ernmental jurisdiction. answers to questions. clude— (B) INITIAL RETESTS.—An individual may (i) low initial payments based on a fixed in- (b) ISSUANCE OF LICENSE.—The minimum standards for licensing and registration as a retake a test 3 consecutive times with each troductory rate that expires after a short pe- State-licensed loan originator shall include consecutive taking occurring in less than 14 riod and then adjusts to a variable index rate the following: days after the preceding test. plus a margin for the remaining term of the (1) The applicant has never had a loan (C) SUBSEQUENT RETESTS.—After 3 consecu- loan; originator or similar license revoked in any tive tests, an individual shall wait at least 14 (ii) very high or no limits on how much the governmental jurisdiction. days before taking the test again. payment amount or the interest rate may in- (2) The applicant has never been convicted (D) RETEST AFTER LAPSE OF LICENSE.—A crease (referred to as ‘‘payment caps’’ or of, or pled guilty or nolo contendere to, a fel- State-licensed loan originator who fails to ‘‘rate caps’’) on reset dates; ony in a domestic, foreign, or military court. maintain a valid license for a period of 5 (iii) limited or no documentation of the in- (3) The applicant has demonstrated finan- years or longer shall retake the test, not come of the borrower; cial responsibility, character, and general taking into account any time during which (iv) product features likely to result in fre- fitness such as to command the confidence of such individual is a registered loan origi- quent refinancing to maintain an affordable the community and to warrant a determina- nator. monthly payment; and tion that the loan originator will operate (e) MORTGAGE CALL REPORTS.—Each mort- gage licensee shall submit to the Nationwide (v) substantial prepayment penalties or honestly, fairly, and efficiently within the Mortgage Licensing System and Registry re- prepayment penalties that extend beyond purposes of this Act. ports of condition, which shall be in such the initial fixed interest rate period. (4) The applicant has completed the pre-li- form and shall contain such information as (11) UNIQUE IDENTIFIER.—The term ‘‘unique censing education requirement described in identifier’’ means a number or other identi- the Nationwide Mortgage Licensing System subsection (c). and Registry may require. fier that— (5) The applicant has passed a written test (A) permanently identifies a loan origi- SEC. 6. STANDARDS FOR STATE LICENSE RE- that meets the test requirement described in NEWAL. nator; and subsection (d). (a) IN GENERAL.—The minimum standards (B) is assigned by protocols established by (c) PRE-LICENSING EDUCATION OF LOAN for license renewal for State-licensed loan the Nationwide Mortgage Licensing System ORIGINATORS.— originators shall include the following: and Registry and the Federal banking agen- (1) MINIMUM EDUCATIONAL REQUIREMENTS.— (1) The loan originator continues to meet cies to facilitate electronic tracking of loan In order to meet the pre-licensing education the minimum standards for license issuance. originators and uniform identification of, requirement referred to in subsection (b)(4), (2) The loan originator has satisfied the an- and public access to, the employment his- a person shall complete at least 20 hours of nual continuing education requirements de- tory of and the publicly adjudicated discipli- education approved in accordance with para- scribed in subsection (b). nary and enforcement actions against loan graph (2), which shall include at least— (b) CONTINUING EDUCATION FOR STATE-LI- originators. (A) 3 hours of Federal law and regulations; CENSED LOAN ORIGINATORS.—

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(1) IN GENERAL.—In order to meet the an- (1) UNIQUE IDENTIFIER.—The Federal bank- loan originators operating in the State are nual continuing education requirements re- ing agencies, through the Financial Institu- registered with Nationwide Mortgage Licens- ferred to in subsection (a)(2), a State-li- tions Examination Council, shall coordinate ing System and Registry. censed loan originator shall complete at with the Nationwide Mortgage Licensing (3) The State loan originator supervisory least 8 hours of education approved in ac- System and Registry to establish protocols authority is required to regularly report vio- cordance with paragraph (2), which shall in- for assigning a unique identifier to each reg- lations of such law, as well as enforcement clude at least— istered loan originator that will facilitate actions and other relevant information, to (A) 3 hours of Federal law and regulations; electronic tracking and uniform identifica- the Nationwide Mortgage Licensing System (B) 2 hours of ethics, which shall include tion of, and public access to, the employ- and Registry. instruction on fraud, consumer protection, ment history of and publicly adjudicated dis- (e) TEMPORARY EXTENSION OF PERIOD.—The and fair lending issues; and ciplinary and enforcement actions against Secretary may extend, by not more than 12 (C) 2 hours of training related to lending loan originators. months, the 1-year or 2-year period, as the standards for the subprime mortgage mar- (2) NATIONWIDE MORTGAGE LICENSING SYS- case may be, referred to in subsection (a) for ketplace. TEM AND REGISTRY DEVELOPMENT.—To facili- the licensing of loan originators in any State (2) APPROVED EDUCATIONAL COURSES.—For tate the transfer of information required by under a State licensing law that meets the purposes of paragraph (1), continuing edu- subsection (a)(2), the Nationwide Mortgage requirements of sections 5 and 6 and sub- cation courses shall be reviewed, and ap- Licensing System and Registry shall coordi- section (d) if the Secretary determines that proved by the Nationwide Mortgage Licens- nate with the Federal banking agencies, such State is making a good faith effort to ing System and Registry. through the Financial Institutions Examina- establish a State licensing law that meets (3) CALCULATION OF CONTINUING EDUCATION tion Council, concerning the development such requirements, license mortgage origina- CREDITS.—A State-licensed loan originator— and operation, by such System and Registry, tors under such law, and register such origi- (A) may only receive credit for a con- of the registration functionality and data re- nators with the Nationwide Mortgage Li- tinuing education course in the year in quirements for loan originators. censing System and Registry. which the course is taken; and (c) CONSIDERATION OF FACTORS AND PROCE- (f) LIMITATION ON HUD-LICENSED LOAN (B) may not take the same approved course DURES.—In establishing the registration pro- ORIGINATORS.—Any loan originator who is li- in the same or successive years to meet the cedures under subsection (a) and the proto- censed by the Secretary under a system es- annual requirements for continuing edu- cols for assigning a unique identifier to a tablished under this section for any State cation. registered loan originator, the Federal bank- may not use such license to originate loans in any other State. (4) INSTRUCTOR CREDIT.—A State-licensed ing agencies shall make such de minimis ex- (g) CONTRACTING AUTHORITY.—The Sec- loan originator who is approved as an in- ceptions as may be appropriate to para- retary may enter into contracts with quali- structor of an approved continuing education graphs (1)(A) and (2) of section 4(a), shall fied independent parties, as necessary to effi- course may receive credit for the origina- make reasonable efforts to utilize existing ciently fulfill the obligations of the Sec- tor’s own annual continuing education re- information to minimize the burden of reg- retary under this Section. quirement at the rate of 2 hours credit for istering loan originators, and shall consider every 1 hour taught. methods for automating the process to the SEC. 9. BACKUP AUTHORITY TO ESTABLISH A NA- greatest extent practicable consistent with TIONWIDE MORTGAGE LICENSING (5) LIMITATION AND STANDARDS.— AND REGISTRY SYSTEM. the purposes of this Act. (A) LIMITATION.—To maintain the inde- If at any time the Secretary determines pendence of the approval process, the Na- SEC. 8. SECRETARY OF HOUSING AND URBAN DE- that the Nationwide Mortgage Licensing tionwide Mortgage Licensing System and VELOPMENT BACKUP AUTHORITY TO ESTABLISH A LOAN ORIGINATOR System and Registry is failing to meet the Registry shall not directly or indirectly offer requirements and purposes of this Act for a any continuing education courses for loan LICENSING SYSTEM. (a) BACK UP LICENSING SYSTEM.—If, by the comprehensive licensing, supervisory, and originators. end of the 1-year period, or the 2-year period tracking system for loan originators, the (B) STANDARDS.—In approving courses in the case of a State whose legislature Secretary shall establish and maintain such under this section, the Nationwide Mortgage meets only biennially, beginning on the date a system to carry out the purposes of this Licensing System and Registry shall apply of the enactment of this Act or at any time Act and the effective registration and regu- reasonable standards in the review and ap- thereafter, the Secretary determines that a lation of loan originators. proval of courses. State does not have in place by law or regu- SEC. 10. FEES. SEC. 7. SYSTEM OF REGISTRATION ADMINISTRA- lation a system for licensing and registering The Federal banking agencies, the Sec- TION BY FEDERAL BANKING AGEN- loan originators that meets the require- retary, and the Nationwide Mortgage Licens- CIES. ments of sections 5 and 6 and subsection (d) ing System and Registry may charge reason- (a) DEVELOPMENT.— of this section, or does not participate in the able fees to cover the costs of maintaining (1) IN GENERAL.—The Federal banking Nationwide Mortgage Licensing System and and providing access to information from the agencies shall jointly, through the Federal Registry, the Secretary shall provide for the Nationwide Mortgage Licensing System and Financial Institutions Examination Council, establishment and maintenance of a system Registry, to the extent that such fees are not develop and maintain a system for reg- for the licensing and registration by the Sec- charged to consumers for access to such sys- istering employees of depository institutions retary of loan originators operating in such tem and registry. or subsidiaries of depository institutions as State as State-licensed loan originators. SEC. 11. BACKGROUND CHECKS OF LOAN ORIGI- registered loan originators with the Nation- (b) LICENSING AND REGISTRATION REQUIRE- NATORS. wide Mortgage Licensing System and Reg- MENTS.—The system established by the Sec- (a) ACCESS TO RECORDS.—Notwithstanding istry. The system shall be implemented be- retary under subsection (a) for any State any other provision of law, in providing iden- fore the end of the 1-year period beginning shall meet the requirements of sections 5 and tification and processing functions, the At- on the date of the enactment of this Act. 6 for State-licensed loan originators. torney General shall provide access to all (2) REGISTRATION REQUIREMENTS.—In con- (c) UNIQUE IDENTIFIER.—The Secretary criminal history information to the appro- nection with the registration of any loan shall coordinate with the Nationwide Mort- priate State officials responsible for regu- originator who is an employee of a deposi- gage Licensing System and Registry to es- lating State-licensed loan originators to the tory institution or a wholly-owned sub- tablish protocols for assigning a unique iden- extent criminal history background checks sidiary of a depository institution with the tifier to each loan originator licensed by the are required under the laws of the State for Nationwide Mortgage Licensing System and Secretary as a State-licensed loan originator the licensing of such loan originators. Registry, the appropriate Federal banking that will facilitate electronic tracking and (b) AGENT.—For the purposes of this sec- agency shall, at a minimum, furnish or cause uniform identification of, and public access tion and in order to reduce the points of con- to be furnished to the Nationwide Mortgage to, the employment history of and the pub- tact which the Federal Bureau of Investiga- Licensing System and Registry information licly adjudicated disciplinary and enforce- tion may have to maintain for purposes of concerning the employees’s identity, includ- ment actions against loan originators. subsection (a), the Conference of State Bank ing— (d) STATE LICENSING LAW REQUIREMENTS.— Supervisors or a wholly owned subsidiary (A) fingerprints for submission to the Fed- For purposes of this section, the law in effect may be used as a channeling agent of the eral Bureau of Investigation, and any gov- in a State meets the requirements of this States for requesting and distributing infor- ernmental agency or entity authorized to re- subsection if the Secretary determines the mation between the Department of Justice ceive such information for a State and na- law satisfies the following minimum require- and the appropriate State agencies. tional criminal history background check; ments: SEC. 12. CONFIDENTIALITY OF INFORMATION. and (1) A State loan originator supervisory au- (a) SYSTEM CONFIDENTIALITY.—Except as (B) personal history and experience, in- thority is maintained to provide effective su- otherwise provided in this section, any re- cluding authorization for the Nationwide pervision and enforcement of such law, in- quirement under Federal or State law re- Mortgage Licensing System and Registry to cluding the suspension, termination, or non- garding the privacy or confidentiality of any obtain information related to any adminis- renewal of a license for a violation of State information or material provided to the Na- trative, civil or criminal findings by any or Federal law. tionwide Mortgage Licensing System and governmental jurisdiction. (2) The State loan originator supervisory Registry or a system established by the Sec- (b) COORDINATION.— authority ensures that all State-licensed retary under section 9, and any privilege

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arising under Federal or State law (including (1) IN GENERAL.—If the Secretary estab- ceedings, the Secretary may enter a tem- the rules of any Federal or State court) with lishes a licensing system under section 8 for porary order requiring the respondent to respect to such information or material, any State, the Secretary shall appoint exam- cease and desist from the violation or threat- shall continue to apply to such information iners for the purposes of administering such ened violation and to take such action to or material after the information or mate- section. prevent the violation or threatened violation rial has been disclosed to the system. Such (2) POWER TO EXAMINE.—Any examiner ap- and to prevent dissipation or conversion of information and material may be shared pointed under paragraph (1) shall have assets, significant harm to consumers, or with all State and Federal regulatory offi- power, on behalf of the Secretary, to make substantial harm to the public interest as cials with mortgage industry oversight au- any examination of any loan originator oper- the Secretary deems appropriate pending thority without the loss of privilege or the ating in any State which is subject to a li- completion of such proceedings. Such an loss of confidentiality protections provided censing system established by the Secretary order shall be entered only after notice and by Federal and State laws. under section 8 whenever the Secretary de- opportunity for a hearing, unless the Sec- (b) NONAPPLICABILITY OF CERTAIN REQUIRE- termines an examination of any loan origi- retary determines that notice and hearing MENTS.—Information or material that is sub- nator is necessary to determine the compli- prior to entry would be impracticable or con- ject to a privilege or confidentiality under ance by the originator with this Act. trary to the public interest. A temporary subsection (a) shall not be subject to— (3) REPORT OF EXAMINATION.—Each exam- order shall become effective upon service (1) disclosure under any Federal or State iner appointed under paragraph (1) shall upon the respondent and, unless set aside, law governing the disclosure to the public of make a full and detailed report of examina- limited, or suspended by the Secretary or a information held by an officer or an agency tion of any loan originator examined to the court of competent jurisdiction, shall remain of the Federal Government or the respective Secretary. effective and enforceable pending the com- State; or (4) ADMINISTRATION OF OATHS AND AFFIRMA- pletion of the proceedings. (2) subpoena or discovery, or admission TIONS; EVIDENCE.—In connection with exami- (4) REVIEW OF TEMPORARY ORDERS.— into evidence, in any private civil action or nations of loan originators operating in any (A) REVIEW BY SECRETARY.—At any time administrative process, unless with respect State which is subject to a licensing system after the respondent has been served with a to any privilege held by the Nationwide established by the Secretary under section 8, temporary cease-and-desist order pursuant Mortgage Licensing System and Registry or or with other types of investigations to de- to paragraph (3), the respondent may apply the Secretary with respect to such informa- termine compliance with applicable law and to the Secretary to have the order set aside, tion or material, the person to whom such regulations, the Secretary and examiners ap- limited, or suspended. If the respondent has information or material pertains waives, in pointed by the Secretary may administer been served with a temporary cease-and-de- whole or in part, in the discretion of such oaths and affirmations and examine and take sist order entered without a prior hearing be- person, that privilege. and preserve testimony under oath as to any fore the Secretary, the respondent may, (c) COORDINATION WITH OTHER LAW.—Any matter in respect to the affairs of any such within 10 days after the date on which the State law, including any State open record loan originator. order was served, request a hearing on such law, relating to the disclosure of confidential (5) ASSESSMENTS.—The cost of conducting application and the Secretary shall hold a supervisory information or any information any examination of any loan originator oper- hearing and render a decision on such appli- ating in any State which is subject to a li- or material described in subsection (a) that cation at the earliest possible time. censing system established by the Secretary is inconsistent with subsection (a) shall be (B) JUDICIAL REVIEW.—Within— under section 8 shall be assessed by the Sec- superseded by the requirements of such pro- (i) 10 days after the date the respondent retary against the loan originator to meet vision to the extent State law provides less was served with a temporary cease-and-de- the Secretary’s expenses in carrying out confidentiality or a weaker privilege. sist order entered with a prior hearing before such examination. (d) PUBLIC ACCESS TO INFORMATION.—This the Secretary; or (c) CEASE AND DESIST PROCEEDING.— section shall not apply with respect to the (ii) 10 days after the Secretary renders a (1) AUTHORITY OF SECRETARY.—If the Sec- information or material relating to the em- retary finds, after notice and opportunity for decision on an application and hearing under ployment history of, and publicly adju- hearing, that any person is violating, has paragraph (1), with respect to any temporary dicated disciplinary and enforcement actions violated, or is about to violate any provision cease-and-desist order entered without a against, loan originators that is included in of this Act, or any regulation thereunder, prior hearing before the Secretary, Nationwide Mortgage Licensing System and with respect to a State which is subject to a the respondent may apply to the United Registry for access by the public. licensing system established by the Sec- States district court for the district in which SEC. 13. LIABILITY PROVISIONS. retary under section 8, the Secretary may the respondent resides or has its principal The Secretary, any State official or agen- publish such findings and enter an order re- place of business, or for the District of Co- cy, any Federal banking agency, or any orga- quiring such person, and any other person lumbia, for an order setting aside, limiting, nization serving as the administrator of the that is, was, or would be a cause of the viola- or suspending the effectiveness or enforce- Nationwide Mortgage Licensing System and tion, due to an act or omission the person ment of the order, and the court shall have Registry or a system established by the Sec- knew or should have known would con- jurisdiction to enter such an order. A re- retary under section 9, or any officer or em- tribute to such violation, to cease and desist spondent served with a temporary cease-and- ployee of any such entity, shall not be sub- from committing or causing such violation desist order entered without a prior hearing ject to any civil action or proceeding for and any future violation of the same provi- before the Secretary may not apply to the monetary damages by reason of the good- sion, rule, or regulation. Such order may, in court except after hearing and decision by faith action or omission of any officer or em- addition to requiring a person to cease and the Secretary on the respondent’s applica- ployee of any such entity, while acting with- desist from committing or causing a viola- tion under subparagraph (A). in the scope of office or employment, relat- tion, require such person to comply, or to (C) NO AUTOMATIC STAY OF TEMPORARY ing to the collection, furnishing, or dissemi- take steps to effect compliance, with such ORDER.—The commencement of proceedings nation of information concerning persons provision or regulation, upon such terms and under subparagraph (B) shall not, unless spe- who are loan originators or are applying for conditions and within such time as the Sec- cifically ordered by the court, operate as a licensing or registration as loan originators. retary may specify in such order. Any such stay of the Secretary’s order. SEC. 14. ENFORCEMENT UNDER HUD BACKUP LI- order may, as the Secretary deems appro- (5) AUTHORITY OF THE SECRETARY TO PRO- CENSING SYSTEM. priate, require future compliance or steps to HIBIT PERSONS FROM SERVING AS LOAN ORIGI- (a) SUMMONS AUTHORITY.—The Secretary effect future compliance, either permanently NATORS.—In any cease-and-desist proceeding may— or for such period of time as the Secretary under paragraph (1), the Secretary may issue (1) examine any books, papers, records, or may specify, with such provision or regula- an order to prohibit, conditionally or uncon- other data of any loan originator operating tion with respect to any loan originator. ditionally, and permanently or for such pe- in any State which is subject to a licensing (2) HEARING.—The notice instituting pro- riod of time as the Secretary shall deter- system established by the Secretary under ceedings pursuant to paragraph (1) shall fix a mine, any person who has violated this Act section 8; and hearing date not earlier than 30 days nor or regulations thereunder, from acting as a (2) summon any loan originator referred to later than 60 days after service of the notice loan originator if the conduct of that person in paragraph (1) or any person having posses- unless an earlier or a later date is set by the demonstrates unfitness to serve as a loan sion, custody, or care of the reports and Secretary with the consent of any respond- originator. records relating to such loan originator, to ent so served. (d) AUTHORITY OF THE SECRETARY TO AS- appear before the Secretary or any delegate (3) TEMPORARY ORDER.—Whenever the Sec- SESS MONEY PENALTIES.— of the Secretary at a time and place named retary determines that the alleged violation (1) IN GENERAL.—The Secretary may im- in the summons and to produce such books, or threatened violation specified in the no- pose a civil penalty on a loan originator op- papers, records, or other data, and to give tice instituting proceedings pursuant to erating in any State which is subject to li- testimony, under oath, as may be relevant or paragraph (1), or the continuation thereof, is censing system established by the Secretary material to an investigation of such loan likely to result in significant dissipation or under section 8, if the Secretary finds, on the originator for compliance with the require- conversion of assets, significant harm to record after notice and opportunity for hear- ments of this Act. consumers, or substantial harm to the public ing, that such loan originator has violated or (b) EXAMINATION AUTHORITY.— interest prior to the completion of the pro- failed to comply with any requirement of

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PREEMPTION OF STATE LAW. countries that has recently concluded a with the costs of military realignments Nothing in this Act may be construed to new trade agreement with the EU. in Moldova and to assist with military preempt the law of any State, to the extent Since declaring independence from downsizing and reforms. that such State law provides greater protec- the Soviet Union in 1992, Moldova has One of the areas where we can deepen tion to consumers than is provided under enacted a series of democratic and free U.S.-Moldovan relations is bilateral this Act. market reforms. In 2001, Moldova be- trade. In light of its adherence to free- SEC. 16. REPORTS AND RECOMMENDATIONS TO came a member of the World Trade Or- dom of emigration requirements, com- CONGRESS. ganization. Until the U.S. terminates pliance with threat reduction and co- (a) ANNUAL REPORTS.—Not later than 1 application of Jackson-Vanik on year after the date of enactment of this Act, operation in the global war on ter- and annually thereafter, the Secretary shall Moldova, the U.S. will not benefit from rorism, the products of Moldova should submit a report to Congress on the effective- Moldova’s market access commitments not be subject to the sanctions of Jack- ness of the provisions of this Act, including nor can it resort to WTO dispute reso- son-Vanik. The U.S. must remain com- legislative recommendations, if any, for lution mechanisms. While all other mitted and engaged in assisting strengthening consumer protections, enhanc- WTO members currently enjoy these Moldova in pursuing economic and de- ing examination standards, and streamlining benefits, the U.S. does not. velopment reforms. The government in communication between all stakeholders in- The Republic of Moldova has been Chisinau still has important work to volved in residential mortgage loan origina- evaluated every year and granted nor- tion and processing. mal trade relations with the U.S. do in these critical areas. The support (b) LEGISLATIVE RECOMMENDATIONS.—Not through annual presidential waivers and encouragement of the U.S. and the later than 6 months after the date of enact- international community will be key ment of this Act, the Secretary shall make from the effects of Jackson-Vanik. The Moldovan constitution guarantees its to encouraging the Government of recommendations to Congress on legislative Moldova to take the necessary steps to reforms to the Real Estate Settlement Pro- citizens the right to emigrate and this cedures Act of 1974, that the Secretary deems right is respected in practice. Most initiate reform. The permanent waiver appropriate to promote more transparent emigration restrictions were elimi- of Jackson-Vanik and establishment of disclosures, allowing consumers to better nated in 1991 and virtually no problems permanent normal trade relations will shop and compare mortgage loan terms and with emigration have been reported in be the foundation on which further settlement costs. the 16 years since independence. More progress in a burgeoning economic and SEC. 17. STUDY AND REPORTS ON DEFAULTS AND energy partnership can be made. FORECLOSURES. specifically, Moldova does not impose emigration restrictions on members of I am hopeful that my colleagues will (a) STUDY REQUIRED.—The Secretary shall join me in supporting this important conduct an extensive study of the root the Jewish community. Synagogues causes of default and foreclosure of home function openly and without harass- legislation. It is essential that we act loans, using as much empirical data as is ment. As a result, the Administration promptly to bolster this important re- available. finds that Moldova is in full compli- lationship and promote stability in (b) PRELIMINARY REPORT TO CONGRESS.— ance with Jackson-Vanik’s provisions. this region. Not later than 6 months after the date of en- Since declaring independence from actment of this Act, the Secretary shall sub- By Mr. DORGAN (for himself, Mr. mit to Congress a preliminary report regard- the Soviet Union in 1992, Moldova has enacted a series of democratic and free BINGAMAN, Mr. LEVIN, Mr. ing the study required by this section. KERRY, Ms. COLLINS, Mr. (c) FINAL REPORT TO CONGRESS.—Not later market reforms. Parliamentary elec- LIEBERMAN, and Mr. WYDEN): than 12 months after the date of enactment tions in 2005 and local elections in 2007 of this Act, the Secretary shall submit to generally complied with international S. 2598. A bill to increase the supply Congress a final report regarding the results standards for democratic elections. and lower the cost of petroleum by of the study required by this section, which Moldova has also contributed construc- temporarily suspending the acquisition shall include any recommended legislation tively towards a resolution of the long- of petroleum for the Strategic Petro- relating to the study, and recommendations standing separatist conflict in the leum Reserve; to the Committee on En- for best practices and for a process to pro- ergy and Natural Resources. vide targeted assistance to populations with country’s Transniestria region, most recently by proposing a series of con- Mr. DORGAN. Mr. President, today I the highest risk of potential default or fore- am pleased to introduce the Strategic closure. fidence-building measures and working groups. Petroleum Reserve Fill Suspension and By Mr. LUGAR: The U.S. and Moldova have estab- Consumer Protection Act of 2007. This S. 2597. A bill to authorize the exten- lished a strong record of achievement bill directs the Secretary of Energy to sion of nondiscriminatory treatment in security cooperation. In 1997 the suspend filling of the U.S. Strategic (normal trade relations treatment) to Nunn-Lugar Cooperative Threat Reduc- Petroleum Reserve, SPR, for 1 year. I the products of Moldova; to the Com- tion Program responded to a Moldovan appreciate that Senators BINGAMAN, mittee on Finance. request for assistance. The U.S. pur- LEVIN, KERRY, COLLINS, LIEBERMAN, Mr. LUGAR. Mr. President, I rise chased and secured 14 nuclear-capable and WYDEN have joined me as original today to introduce legislation designed MiG–29Cs from Moldova. These fighter cosponsors of this legislation. This bill to extend permanent normal trade re- aircraft were built by the former So- directs the Secretary to stop filling the lations to Moldova. Moldova is still viet Union to launch nuclear weapons. reserve through direct purchase, roy- subject to the provisions of the Jack- Moldova expressed concern that these alty-in-kind or any other measures. son-Vanik amendment to the Trade aircraft were unsecure due to the lack The secretary may only resume filling Act of 1974, which sanctions nations for of funds and equipment necessary to if the price of a barrel of crude oil failure to comply with freedom of emi- ensure they were not stolen or smug- drops below $50 per barrel during the gration requirements. This bill would gled out of the country. Specifically, remainder of 2008. repeal permanently the application of emissaries from Iran had shown great The price of a barrel of oil is reaching Jackson-Vanik to Moldova. interest and had attempted to acquire record highs and global supplies of oil Moldova is a small country located the aircraft. These planes were not de- continue to shrink. During this period between Ukraine and Romania. stroyed. They were disassembled and of volatile markets and short supply, it Throughout the Cold War it was a part shipped to Wright Patterson Air Force makes no sense to me for the U.S. Gov- of the Soviet Union. It gained its inde- Base because they can be used by ernment to continue to take highly pendence from the Soviet Union on Au- American experts for research pur- valuable crude oil, especially light gust 27, 1991. The U.S. has supported poses. sweet crude, off the market to store Moldova in its journey toward democ- Moldova has made small, but impor- underground in a reserve that is at racy and sovereignty. tant, troop contributions in Iraq. These least 96 percent full. Continuing to

VerDate Aug 31 2005 03:34 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A06FE6.022 S06FEPT1 smartinez on PRODPC61 with SENATE S740 CONGRESSIONAL RECORD — SENATE February 6, 2008 ‘‘top off’’ the Strategic Petroleum Re- imports by 1.75 million barrels per day from frustrated citizens. Each day sen- serve with highly valuable crude oil is by 2020, increasing to 2.26 million bar- sitive materials, including financial putting upward pressure on oil prices rels per day in 2022 and rising there- statements, credit cards, Social Secu- and raising energy prices for con- after. These estimates represent rough- rity checks, and passports pass through sumers. ly half of the theoretical SPR draw- the mail stream. It is imperative that I believe that we must take a ‘‘time down capacity of 4.4 million barrels per residents are able to rely on the safe out’’ from filling the reserve in order day. They also increase the number of and timely delivery of these docu- to send a signal to the market to re- days of protection afforded by a given ments. duce rising energy prices that are hit- quantity of oil in the SPR. Thus, our The complications from this problem ting American consumers’ pocket- enactment of historic Energy legisla- reach beyond mail delivery. During the books. Lowering energy costs will put tion will, over time, increase the insur- recent Iowa Caucuses, residents living additional money back into consumers’ ance value of the SPR, even if the ac- in Windsor Heights Precinct 2 were di- hands and will help provide a real stim- tual inventory level is frozen or slight- rected to the wrong address when look- ulus to our economy in my judgment. ly decreased. ing for their caucus location. Windsor Historically, the average price of oil Let me be clear. I believe maintain- Heights residents who use the 50322 ZIP used to fill the Strategic Petroleum ing a Strategic Petroleum Reserve is in code—one which is shared with neigh- Reserve has been about $27 per barrel. the economic and national security in- boring Urbandale—were incorrectly ad- The Administration is now filling the terests of this country. However, dur- vised that the caucus location was in Reserve with oil that averages over $90 ing this time of record oil prices, rising Urbandale, rather than Windsor per barrel, including highly sought energy costs for consumers, economic Heights. Furthermore, because insur- after light sweet crude. This is a bad downturn and tight global oil supplies, ance rates are based on ZIP codes, resi- deal for American taxpayers and con- the U.S. Government should suspend dents pay premiums based on neigh- sumers. taking highly valuable oil off the mar- boring Des Moines and Urbandale, On January 8, 2008, the Secretary of ket to store underground in the Stra- rather than Windsor Heights, making Energy sent me a letter stating that tegic Petroleum Reserve. it more difficult for providers to sell our Strategic Petroleum Reserve con- Mr. President, I ask unanimous con- car insurance to residents. tains only 57 days of import protection sent that the text of the bill be printed City officials have tried in vain for and that the 50,000 barrels per day they in the RECORD. almost 5 years to acquire a ZIP code are filling with is a small amount of There being no objection, the text of for Windsor Heights. It is my hope that the oil used on the global market daily. the bill was ordered to be printed in the Senate will quickly act upon this This is only part of the story. The fact the RECORD, as follows: legislation to enable them to do so. is that the SPR, combined with our S. 2598 By Ms. CANTWELL (for herself private oil stocks and refining inven- Be it enacted by the Senate and House of Rep- and Mrs. MURRAY): tories, total more than 118 days of im- resentatives of the United States of America in S. 2601. A bill to require the Sec- port protection. The current levels in Congress assembled, retary of Agriculture to convey to King our strategic petroleum stocks are SECTION 1. SHORT TITLE. and Kittitas Counties Fire District No. more than adequate to meet our inter- This Act may be cited as the ‘‘Strategic 51 a certain parcel of real property for national treaty obligations requiring 90 Petroleum Reserve Fill Suspension and Con- sumer Protection Act of 2008’’. use as a site for a new Snoqualmie Pass days of import protection for all OECD fire and rescue station; to the Com- countries. I also disagree that taking SEC. 2. SUSPENSION OF PETROLEUM ACQUISI- TION FOR STRATEGIC PETROLEUM mittee on Energy and Natural Re- 50,000 barrels per day off the market, RESERVE. sources. especially light sweet crude, has no im- (a) IN GENERAL.—Except as provided in Ms. CANTWELL. Mr. President, pact on energy prices. During the Clin- subsection (b) and notwithstanding any today I am introducing the Snoqualmie ton administration, Congress signaled other provision of law, during calendar year Pass Land Conveyance Act, together 2008, the Secretary of Energy shall suspend that it wanted more than $200 million with Senator MURRAY. This bill would sold from the SPR in 1996, the price of acquisition of petroleum for the Strategic transfer an acre and a half of Forest oil dropped precipitously in the mar- Petroleum Reserve through the royalty-in- kind program or any other acquisition meth- Service land to the King and Kittitas ket. The market looks at many factors, od. Counties Fire District No. 51, also including our filling of the SPR. This is (b) RESUMPTION.—The Secretary may re- known as Snoqualmie Pass Fire and another reason we can afford to tempo- sume acquisition of petroleum for the Stra- Rescue. This land would be conveyed at rarily suspend filling the Strategic Pe- tegic Petroleum Reserve through the roy- no cost, but would have to be used by troleum Reserve. alty-in-kind program or any other acquisi- the Fire District specifically for the Further, the Energy Policy Act of tion method under subsection (a) not earlier construction of a new fire station or it 2005 provides directional guidance to than 30 days after the date on which the Sec- would revert back to the Federal Gov- retary notifies Congress that the Secretary expand the Strategic Petroleum Re- ernment. serve. The provision in law clearly has determined that the weighted average price of petroleum in the United States for Snoqualmie Pass Fire and Rescue states that filling the reserve must be the most recent 90-day period is $50 or less serves a portion of two counties on achieved ‘‘without incurring excessive per barrel. both sides of the Cascade Mountains cost or appreciably affecting the price along Interstate 90, a community of 350 of petroleum products to consumers.’’ I By Mr. HARKIN (for himself and full-time residents that peaks to 1,500 think filling the Strategic Petroleum Mr. GRASSLEY): during the ski season. Additionally, Reserve in today’s environment is in- S. 2600. A bill to provide for the des- the ski area estimates 20,000 patrons on deed impacting the price of petroleum ignation of a single ZIP code for Wind- a busy weekend, and the Department of so that we must defer filling for now to sor Heights, Iowa; to the Committee on Transportation estimates that up to ease pressure on the market. Homeland Security and Governmental 60,000 vehicles travel through the fire Finally, the Congress enacted and Affairs. district on a busy day making it the the President signed historic legisla- Mr. HARKIN. Mr. President, today I busiest mountain highway in the coun- tion in December 2008—the Energy rise with my colleague from Iowa to in- try. Independence and Security Act of 2007. troduce a bill to provide the town of This area is also the major transpor- That legislation established a strong Windsor Heights, IA, its own ZIP code. tation corridor for goods and services foundation to put our Nation on an al- Currently, the residents of Windsor between eastern and western Wash- ternative energy security pathway. Heights share three ZIP codes with sur- ington. The all-volunteer Fire Depart- This includes strong fuel economy rounding communities, Des Moines, ment averages over 300 calls a year standards and an expanded renewable West Des Moines, and Urbandale. Con- with about a 10 percent annual increase fuels standard. Conservative estimates fusion between the ZIP codes and city in call volumes, which is more than tri- provided by the Securing America’s boundaries has caused delays in mail ple the amount of calls a typical all- Future Energy Coalition show that the delivery, an increased amount of unde- volunteer fire department would re- new legislation would reduce net oil livered mail, and numerous complaints spond to in a year. Mr. Presdient, 84

VerDate Aug 31 2005 03:34 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.076 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S741 percent of those incidents are for non- were ongoing discussions in Wash- section shall be made on the record after an tax paying residents. Consequently, the ington State to address some lingering opportunity for a hearing. Fire Department has the characteris- issues related to this conveyance. I am (c) SURVEY.— tics of a large city with the limited re- pleased those discussions reached reso- (1) IN GENERAL.—If necessary, the exact sources of a small community. lution. I am also pleased that discus- acreage and legal description of the real In recent years, this area has been sions with my staff, Senator MURRAY’s property to be conveyed under subsection (a) the scene of major winter snowstorms, staff, and staff of Energy and Natural shall be determined by a survey satisfactory to the Secretary. multi-vehicle accidents, and even ava- Resources Committee led to an amend- (2) COST.—The cost of a survey under para- lanches. The Fire District is often the ment to H.R. 1285 before it passed the graph (1) shall be paid by the District. first responder to incidents in the area, House of Representatives that would (d) ADDITIONAL TERMS AND CONDITIONS.— which is prone to rock slides and ava- better tailor the conveyance to both The Secretary may require such additional lanches and it is not uncommon for the environmental and the emergency terms and conditions in connection with the this community to be isolated for response needs at the Pass by reducing conveyance under subsection (a) as the Sec- hours or even days at a time. Several the amount of land to be conveyed retary considers to be appropriate to protect thousand people can be stranded at the from 3 acres to 1.5 acres. the interests of the United States. Pass during those periods when the It is my understanding that there are Pass is closed and while the Depart- offers of support to construct a new By Mr. SALAZAR: ment of Transportation works quickly fire station from state and local offi- S. 2602. A bill to amend the Depart- to get the roads back open, it can be cials, and to mitigate any effects of ment of the Interior, Environment, and very taxing on local resources. construction, and I support those ef- Related Agencies appropriations Act, For decades, the Fire District has forts. To offset any potential impacts 2008, to terminate the authority of the been leasing its current site from the from construction of a new fire station Secretary of the Treasury to deduct Forest Service. They operate out of an and to improve wildlife connectivity at amounts from certain States; to the aging building that was not designed to the pass, I encourage the Forest Serv- Committee on Energy and Natural Re- be a fire station. Through their hard ice to work in collaboration with state sources. work and dedication, they have served and local officials, the Cascade Land their community ably despite this Conservancy, Snoqualmie Fire Dis- Mr. SALAZAR. Mr. President, I rise building’s many shortcomings. How- trict, Sierra Club, and Conservation today to introduce legislation—a com- ever, with traffic on the rise and the Northwest to identify opportunities for panion bill will be introduced in the need for emergency services in the area off-site habitat acquisition. House by my colleagues Representa- growing, the Fire District needs to I appreciate the efforts of Senator tives SALAZAR and UDALL—to restore move to a true fire station. MURRAY and my colleagues on the En- Colorado’s share of oil and gas leasing The Fire District has identified a ergy and Natural Resources Committee revenue. nearby site that would better serve the to review this issue and bring this bill The 2008 Omnibus Appropriations bill public safety needs at the Pass. This forward. I look forward to continuing includes a provision, requested by the location would provide easy access to to work with the community at the Bush Administration, to reduce the the interstate in either direction, re- Pass and my colleagues to improve share of mineral royalties paid to Colo- ducing emergency response times. The public safety in the area. rado and other western states. Specifi- parcel is on Forest Service property, Mr. President, I ask unanimous con- cally, the administration’s proposal to immediately adjacent to a freeway sent that the text of the bill be printed reduce the State’s share of mineral rev- interchange, between a frontage road in the RECORD. enues from 50 percent to 48 percent and the interstate itself. The parcel There being no objection, the text of does not serve the taxpayers who fund was formerly a disposal site during the bill was ordered to be placed in the the government nor does it serve the construction of the freeway and is now RECORD, as follows: states that allow energy production to a gravel lot. S. 2601 happen within their borders. Colorado I recognize that the Forest Service Be it enacted by the Senate and House of Rep- is blessed with an abundance of natural does not normally support conveyances resentatives of the United States of America in resources, including its deposits of oil of land free of charge. However, I be- Congress assembled, and natural gas. Our State’s economy lieve an exception should be made in SECTION 1. SHORT TITLE. benefits from the production of these This Act may be cited as the ‘‘Snoqualmie this particular circumstance because of resources, and we deserve to continue the important public service provided Pass Land Conveyance Act’’. SEC. 2. LAND CONVEYANCE, NATIONAL FOREST receiving our fair share of the reve- by the Fire District, the heavy traffic SYSTEM LAND, KITTITAS COUNTY, nues. and emergency calls created by non- WASHINGTON. The administration attempts to jus- residents in the area, the distance of (a) CONVEYANCE REQUIRED.—The Secretary tify this reduction as necessary to de- Snoqualmie Pass from other commu- of Agriculture (referred to in this section as fray the administrative costs related to nities with emergency services, and be- the ‘‘Secretary’’) shall convey, without con- the management of onshore leasing ac- cause of the high amount of federal sideration, to King and Kittitas Counties Fire District No. 51 of King and Kittitas tivity. We believe this assertion is un- land ownership in the area, which se- Counties, Washington (referred to in this founded and oppose any attempt to verely limits the local tax base. In fact, section as the ‘‘District’’), all right, title, take money that is rightfully owed to the Forest Service has acquired 20,000 and interest of the United States in and to a our State in order to pay for more Fed- acres in King and Kittitas counties at parcel of National Forest System land in eral bureaucracy. This is money that a cost of more than $52 million over Kittitas County, Washington, consisting of 1 our state could use to help mitigate just the last 10 years. approximately 1.5 acres within the SW ⁄4 of 1 the effects of increased oil and gas Passage of this legislation would not the SE ⁄4 of sec. 4, T. 22 N., R. 11 E., Willam- guarantee that a new station would be ette meridian, for the purpose of permitting drilling activity and for other impor- built. The Fire District would have to the District to use the parcel as a site for a tant state priorities, such as education new Snoqualmie Pass fire and rescue station. and health care. work hard to gather the financing that (b) REVERSIONARY INTEREST.— would be required from State and local (1) IN GENERAL.—If the Secretary deter- Our legislation repeals the adminis- sources, as well as any applicable Fed- mines at any time that the real property tration’s money grab and restores each eral grants or loans. However, the con- conveyed under subsection (a) is not being State’s share to its full, coequal 50 per- veyance of this site at no cost would used in accordance with the purpose of the cent of mineral leasing revenues. We help this Fire District hold down the conveyance specified in that subsection— cannot allow the Federal government overall cost of this project. (A) all right, title, and interest in and to to take oil and gas leasing revenues in- I am confident this can be done with the property shall revert, at the option of tended to help the communities of Col- the Secretary, to the United States; and little or no impact to the environment. (B) the United States shall have the right orado. This language was inserted late Over the last year, following the intro- of immediate entry onto the property. into last year’s omnibus spending bill duction of this legislation in the House (2) DETERMINATION REQUIREMENTS.—A de- and must be corrected. Our legislation of Representatives, H.R. 1285, there termination of the Secretary under this sub- does just that.

VerDate Aug 31 2005 03:34 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\G06FE6.075 S06FEPT1 smartinez on PRODPC61 with SENATE S742 CONGRESSIONAL RECORD — SENATE February 6, 2008 SUBMITTED RESOLUTIONS him and the Korean people well on his inau- worked with his mother, who sold ice guration on February 25, 2008. cream, cakes, and other sundries to Mr. BIDEN. Mr. President, today I supplement the family’s income. He SENATE RESOLUTION 444—EX- introduce a resolution expressing the worked as a garbage collector to help PRESSING THE SENSE OF THE sense of the U.S. Senate regarding the pay for school expenses, eventually SENATE REGARDING THE strong alliance that has been forged be- earning admission to the prestigious STRONG ALLIANCE THAT HAS tween the U.S. and the Republic of Korea University to study business ad- BEEN FORGED BETWEEN THE Korea, ROK, and congratulating ministration. UNITED STATES AND THE RE- Myung-Bak Lee on his election to the In 1965, Lee joined Hyundai Engineer- PUBLIC OF KOREA AND CON- presidency of the ROK. ing and Construction company, which GRATULATING MYUNG-BAK LEE The U.S.-ROK Alliance is no ordinary had only 90 employees at the time. ON HIS ELECTION TO THE PRESI- alliance. It was forged in desperate Over the course of 30 years at Hyundai, DENCY OF THE REPUBLIC OF struggle against North Korean aggres- he advanced from junior executive to KOREA sors, and it has been honed by more chairman, and helped build Hyundai than 50 years of joint military oper- into a global force in automotive man- Mr. BIDEN (for himself, Ms. MUR- ations on and off the Korean Peninsula. ufacturing, construction, and real es- KOWSKI, and Mr. HAGEL) submitted the On the peninsula, ROK and U.S. forces following resolution; which was re- tate, with 160,000 employees. stand shoulder-to-shoulder, keeping Lee’s entry into politics came only ferred to the Committee on Foreign the peace as they have done for 55 after he had retired from his Hyundai Relations: years. Off the peninsula, South Korean career. He was elected Mayor of Seoul, S. RES. 444 troops have fought alongside U.S. Korea’s capital and largest city, on a Whereas the United States and the Repub- forces in Vietnam, Iraq twice, and Af- platform stressing a balance between lic of Korea enjoy a comprehensive alliance ghanistan. Even today, South Korea economic development and environ- partnership founded in shared strategic in- terests and cemented by a commitment to has more than 1,000 troops in Iraq. And mental protection. He told the city’s democratic values; Seoul voted last December to keep at people that he would remove the ele- Whereas the alliance between the United least 600 troops in Iraq through the end vated highway that ran through the States and the Republic of Korea has been of this year. heart of Seoul and restore the buried forged in blood and honed by struggles The willingness of South Korea to de- Cheonggyecheon stream—an urban wa- against common adversaries; vote blood and treasure to struggles far terway that Lee himself had helped Whereas on December 19, 2007, the Senate from its shores is not only a testimony pave over in the 1960s. His opponents passed S. Res. 279, marking the 125th anni- to the loyalty of the Korean people to insisted that the plan would cause traf- versary of the 1882 Treaty of Peace, Amity, the American people, who came to Commerce and Navigation between the King- fic chaos and cost billions. Three years dom of Chosun (Korea) and the United their aid in a time of need, but also later, Cheonggyecheon was reborn, States, and recognizing that ‘‘the strength proof of the convergent national inter- changing the face of Seoul. Lee also re- and endurance of the alliance between the ests of the U.S. and the Republic of vamped the city’s transportation sys- United States and the Republic of Korea Korea. tem, adding clean rapid-transit buses. should be acknowledged and celebrated’’; The U.S.–ROK Alliance is rooted in President-elect Lee stressed during Whereas during the 60 years since the common strategic interests, but it is his campaign that the U.S.–ROK alli- founding of the Republic of Korea on August also fortified by common democratic ance would be the cornerstone of Ko- 15, 1948, the Republic of Korea, with unwav- values. South Korea has developed a vi- rea’s security policy, and that ering commitment and support from the United States, has accomplished a remark- brant democratic system, with strong strengthening and deepening the alli- able economic and political transformation, protections for civil liberties and ance would be a top priority for his ad- rising from poverty to become the 11th larg- human rights. It was not always thus. ministration. On North-South rela- est economy in the world and a thriving South Korea’s journey from tions, he has pledged to sustain South multi-party democracy; authoritarianism and poverty to de- Korea’s engagement and investment in Whereas the Republic of Korea is the mocracy and prosperity has been a long the North. But he has also articulated United States’ seventh largest trading part- one—four decades of hard work by the a policy of ‘‘tough love,’’ saying that ner and the United States is the third largest Korean people. Democracy did not he will consider progress on trading partner of the Republic of Korea, come without sacrifices. The South Ko- with nearly $80,000,000,000 in goods and serv- denuclearization as his government ices passing between the 2 countries each rean government’s bloody suppression ponders major new investments de- year; of the Kwangju democracy uprising of signed to help modernize North Korea’s Whereas there are deep cultural and per- May 1980, left thousands of unarmed ci- economy. sonal ties between the people of the United vilian protestors dead or injured. Al- Today, as the people of the U.S. and States and the people of the Republic of though the dictatorship persisted for the Republic of Korea look to the fu- Korea, as exemplified by the large flow of another 7 years, the democratic aspira- ture, we can take comfort from the visitors and exchanges each year between tions of the Korean people could not be fact that we need not confront the the 2 countries and the nearly 2,000,000 Ko- denied. challenges of North Korea’s nuclear rean Americans who currently reside in the United States; In the end, the Korean people accom- ambitions, terrorism, energy security, Whereas the United States and the Repub- plished a remarkably peaceful transi- and global climate change alone. lic of Korea are working together to address tion from dictatorship to democracy. Working together, we will convince the threat posed by North Korea’s nuclear By also building a robust economy that North Korea to abandon its nuclear weapons program and to build a lasting has lifted millions out of poverty, the weapons program and build a lasting peace on the Korean Peninsula; Republic of Korea has provided a model peace on the Korean Peninsula. Work- Whereas this alliance is promoting inter- for other developing nations in East ing together, we can help inspire good national peace and security, economic pros- Asia and beyond. South Korea is a governance and promote economic perity, human rights and the rule of law, not only on the Korean Peninsula, but also world in information technology, with growth in Asia and beyond. We can throughout the world; and a much higher rate of broadband inter- lead by example and demonstrate that Whereas Myung-Bak Lee, who won election net access, 30 percent, and more nations that respect the human rights to become the next President of the Republic broadband total users, 15 million, than of their citizens are nations that are of Korea, has affirmed his deep commitment the United Kingdom, 24 percent, 14 mil- innovative, prosperous, and peaceful. to further strengthening the alliance be- lion, or France, 22 percent, 14 million. It is in celebration of the promise of tween the United States and the Republic of Just as Korea is no ordinary ally, this important partnership that I rise Korea, by expanding areas of cooperation President-elect Lee is no ordinary today, in concert with the Senator and realizing the full potential of our mutu- South Korean politician. The son of a from Alaska, Senator MURKOWSKI, to ally beneficial partnership: Now, therefore, be it farm worker, Lee was born in Osaka, offer a resolution marking another Resolved, That the Senate congratulates Japan, on December 19, 1941, returning milestone in South Korea’s democ- Myung-Bak Lee on his election to the presi- to Korea with his parents only after racy—the election of Myung-Bak Lee dency of the Republic of Korea and wishes the end of World War II. As a boy, Lee as President—and wishing him and the

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Whereas, on November 19, 1863, Abraham ment intended to be proposed to amendment f Lincoln dedicated the battlefield at Gettys- SA 3983 proposed by Mr. REID to the bill H.R. burg, Pennsylvania with the Gettysburg Ad- 5140, supra; which was ordered to lie on the SENATE CONCURRENT RESOLU- dress, which would later be known as his table. TION 65—CELEBRATING THE greatest speech, that harkened back to the SA 3997. Mr. HARKIN submitted an amend- BIRTH OF ABRAHAM LINCOLN promises of the Declaration of Independence ment intended to be proposed to amendment AND RECOGNIZING THE PROMI- in the first sentence: ‘‘Four score and seven SA 3893 submitted by Mr. BROWNBACK (for himself, Mr. DORGAN, Ms. CANTWELL, and Mr. NENCE THE DECLARATION OF years ago, our fathers brought forth, on this continent, a new nation, conceived in Lib- INOUYE) to the amendment SA 3899 proposed INDEPENDENCE PLAYED IN THE erty, and dedicated to the proposition that by Mr. DORGAN (for himself, Ms. MURKOWSKI, DEVELOPMENT OF ABRAHAM all men are created equal’’; Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, Mr. LINCOLN’S BELIEFS Whereas Abraham Lincoln was reelected to NELSON of Nebraska, and Mr. SALAZAR) to Mr. DURBIN submitted the following the presidency on November 8, 1864, by 55 the bill S. 1200, to amend the Indian Health Care Improvement Act to revise and extend concurrent resolution; which was re- percent of the popular vote; Whereas Abraham Lincoln gave the ulti- the Act; which was ordered to lie on the ferred to the Committee on the Judici- mate sacrifice for his country, dying 6 weeks table. ary: into his second term on April 15, 1865; SA 3998. Mr. DORGAN submitted an S. CON. RES. 65 Whereas the year 2009 will be the bicenten- amendment intended to be proposed by him to the bill H.R. 5140, to provide economic Whereas Abraham Lincoln, the 16th Presi- nial anniversary of the birth of Abraham stimulus through recovery rebates to indi- dent of the United States, was born of hum- Lincoln, and the United States will observe 2 viduals, incentives for business investment, ble roots on February 12, 1809, in Hardin years of commemorations beginning Feb- County, Kentucky; ruary 12, 2008; and and an increase in conforming and FHA loan Whereas Abraham Lincoln rose to political Whereas all Americans could benefit from limits; which was ordered to lie on the table. SA 3999. Ms. LANDRIEU (for herself and prominence as an attorney with a reputation studying the life of Abraham Lincoln as a Mr. VITTER) submitted an amendment in- for fairness, honesty, and a belief that all model of achieving the American Dream tended to be proposed to amendment SA 3983 men are created equal and that they are en- through honesty, integrity, loyalty, and a proposed by Mr. REID to the bill H.R. 5140, dowed by their Creator with certain lifetime of education: Now, therefore, be it Resolved by the Senate (the House of Rep- supra; which was ordered to lie on the table. unalienable rights; SA 4000. Ms. LANDRIEU (for herself and Whereas Abraham Lincoln was elected and resentatives concurring), That Congress— (1) requests that the President issue a Mr. VITTER) submitted an amendment in- served with distinction in 1832 as a captain of tended to be proposed to amendment SA 3983 an Illinois militia company during the Black proclamation each year recognizing the an- proposed by Mr. REID to the bill H.R. 5140, Hawk War; niversary of the birth of President Abraham Lincoln and calling upon the people of the supra; which was ordered to lie on the table. Whereas Abraham Lincoln was elected to SA 4001. Mr. NELSON, of Nebraska sub- the Illinois legislature in 1834 from San- United States to observe such anniversary with appropriate ceremonies and activities; mitted an amendment intended to be pro- gamon County and was successively re- posed to amendment SA 3983 proposed by Mr. elected until 1840; and REID to the bill H.R. 5140, supra; which was Whereas Abraham Lincoln revered the Dec- (2) encourages State and local governments and local educational agencies to devote suf- ordered to lie on the table. laration of Independence, forming the moti- SA 4002. Mr. SANDERS (for himself and vating moral and natural law principle for ficient time to study and appreciate the rev- erence and respect Abraham Lincoln had for Mrs. CLINTON) submitted an amendment in- his opposition to the spread of slavery to tended to be proposed to amendment SA 3983 new States entering the Union and to his be- the significance and importance of the Dec- laration of Independence in the development proposed by Mr. REID to the bill H.R. 5140, lief in slavery’s ultimate demise; supra; which was ordered to lie on the table. Whereas Abraham Lincoln was elected in of American history, jurisprudence, and the spread of freedom around the world. SA 4003. Mr. SANDERS (for himself and 1846 to serve in the United States House of Mrs. CLINTON) submitted an amendment in- Representatives, ably representing central f tended to be proposed to amendment SA 3983 Illinois; AMENDMENTS SUBMITTED AND proposed by Mr. REID to the bill H.R. 5140, Whereas Abraham Lincoln re-entered po- PROPOSED supra; which was ordered to lie on the table. litical life as a reaction to the passage of the SA 4004. Mr. SANDERS (for himself, Mrs. Kansas-Nebraska Act in 1854, which he op- SA 3989. Mr. ALLARD submitted an CLINTON, and Mr. KERRY) submitted an posed; amendment intended to be proposed by him amendment intended to be proposed to Whereas Abraham Lincoln expounded on to the bill H.R. 5140, to provide economic amendment SA 3983 proposed by Mr. REID to his views of natural rights during the series stimulus through recovery rebates to indi- the bill H.R. 5140, supra; which was ordered of debates with Stephen A. Douglas in 1858, viduals, incentives for business investment, to lie on the table. declaring in Charleston, Illinois that natural and an increase in conforming and FHA loan SA 4005. Mr. SANDERS submitted an rights were ‘‘enumerated in the Declaration limits; which was ordered to lie on the table. amendment intended to be proposed to SA 3990. Mr. ALLARD submitted an of Independence, the right to life, liberty and amendment SA 3983 proposed by Mr. REID to the pursuit of happiness’’, and these views amendment intended to be proposed by him the bill H.R. 5140, supra; which was ordered brought Lincoln into national prominence; to the bill H.R. 5140, supra; which was or- to lie on the table. Whereas Abraham Lincoln, through a leg- dered to lie on the table. SA 4006. Mr. CHAMBLISS (for himself, Mr. SA 3991. Mr. SANDERS (for himself, Mr. acy of courage, character, and patriotism, CRAPO, Mr. DEMINT, and Mr. COBURN) sub- AKAKA, and Mr. KERRY) submitted an amend- was elected to office as the 16th President of mitted an amendment intended to be pro- ment intended to be proposed to amendment the United States on November 6, 1860; posed to amendment SA 3983 proposed by Mr. SA 3983 proposed by Mr. REID to the bill H.R. Whereas Abraham Lincoln believed the REID to the bill H.R. 5140, supra; which was 5140, supra; which was ordered to lie on the Declaration of Independence to be the anchor ordered to lie on the table. table. of American republicanism, stating on Feb- SA 3992. Mr. BROWN (for himself, Mrs. SA 4007. Mr. WYDEN (for himself, Mr. ruary 22, 1861, during an address at Independ- THUNE, Mr. DODD, Mr. SHELBY, Mrs. CLINTON, BOXER, Mr. BINGAMAN, Mr. SANDERS, and Mr. ence Hall in Philadelphia, Pennsylvania Mr. DURBIN, Mr. HARKIN, Mr. JOHNSON, Mr. SCHUMER) submitted an amendment intended that, ‘‘I have never had a feeling politically to be proposed by him to the bill H.R. 5140, MENENDEZ, Ms. MIKULSKI, Mr. REED, Mr. that did not spring from the sentiments em- supra; which was ordered to lie on the table. SANDERS, Mr. SCHUMER, and Mr. WEBB) sub- bodied in the Declaration of Independence . . . SA 3993. Mr. ALEXANDER submitted an mitted an amendment intended to be pro- I have often inquired of myself, what great amendment intended to be proposed to posed to amendment SA 3983 proposed by Mr. principle or idea it was that kept this Con- amendment SA 3983 proposed by Mr. REID to REID to the bill H.R. 5140, supra; which was federacy so long together. It was not the the bill H.R. 5140, supra; which was ordered ordered to lie on the table. mere matter of separation of the Colonies to lie on the table. SA 4008. Mr. MCCONNELL (for himself, Mr. from the motherland; but that sentiment in SA 3994. Mr. ALEXANDER submitted an STEVENS, Mr. ROBERTS, Mr. BOND, Mr. the Declaration of Independence which gave amendment intended to be proposed to BROWNBACK, Mr. BUNNING, Mr. CORNYN, Mr. liberty, not alone to the people of this coun- amendment SA 3983 proposed by Mr. REID to HATCH, Mr. SUNUNU, Mr. ALEXANDER, Mr. try, but, I hope, to the world, for all future the bill H.R. 5140, supra; which was ordered BURR, Mr. ISAKSON, Mr. VITTER, Mr. THUNE, time. It was that which gave promise that in to lie on the table. Mr. CHAMBLISS, Mr. KYL, Mr. GRAHAM, Mr. due time the weight would be lofted from the SA 3995. Mr. NELSON, of Florida (for him- CRAIG, and Mr. CRAPO) submitted an amend- shoulders of men’’; self and Ms. SNOWE) submitted an amend- ment intended to be proposed by him to the

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bill H.R. 5140, supra; which was ordered to lie ‘‘(H) 5-YEAR CARRYBACK OF CERTAIN TITLE VI—OTHER ASSISTANCE on the table. LOSSES.— SEC. 601. TEMPORARY INCREASE IN SPECIALLY f ‘‘(i) TAXABLE YEARS ENDING DURING 2001 AND ADAPTED HOUSING BENEFITS FOR 2002.—In the case of a net operating loss for DISABLED VETERANS. TEXT OF AMENDMENTS any taxable year ending during 2001 or 2002, (a) IN GENERAL.—Section 2102 of title 38, SA 3989. Mr. ALLARD submitted an subparagraph (A)(i) shall be applied by sub- United States Code, is amended— amendment intended to be proposed by stituting ‘5’ for ‘2’ and subparagraph (F) (1) in subsection (b)(2), by striking him to the bill H.R. 5140, to provide shall not apply. ‘‘$10,000’’ and inserting ‘‘$12,000’’; and ‘‘(ii) TAXABLE YEARS BEGINNING OR ENDING economic stimulus through recovery (2) in subsection (d)— DURING 2006, 2007, AND 2008.—In the case of a net (A) in paragraph (1), by striking ‘‘$50,000’’ rebates to individuals, incentives for operating loss for any taxable year beginning and inserting ‘‘$60,000’’; and business investment, and an increase in or ending during 2006, 2007, or 2008— (B) in paragraph (2), by striking ‘‘$10,000’’ conforming and FHA loan limits; which ‘‘(I) subparagraph (A)(i) shall be applied by and inserting ‘‘$12,000’’. was ordered to lie on the table; as fol- substituting ‘5’ for ‘2’, (b) EFFECTIVE DATE.—The amendments lows: ‘‘(II) subparagraph (E)(ii) shall be applied made by subsection (a) shall be effective dur- On page 55, between lines 19 and 20, insert by substituting ‘4’ for ‘2’, and ing the period beginning on the date of the the following: ‘‘(III) subparagraph (F) shall not apply.’’. enactment of this Act and ending on Sep- SEC. 203. TEMPORARY INCREASE IN LOAN LIMIT (b) TEMPORARY SUSPENSION OF 90 PERCENT tember 30, 2008. FOR HOME EQUITY CONVERSION LIMIT ON CERTAIN NOL CARRYBACKS AND (c) REVIVAL.—Effective on October 1, 2008, MORTGAGES. CARRYOVERS.— the provisions of subsection (b)(2) and para- For home equity conversion mortgages (1) IN GENERAL.—Section 56(d) of the of the graphs (1) and (2) of subsection (d) of such originated during the period beginning on Internal Revenue Code of 1986 is amended by section 2102, as such provisions were in effect July 1, 2007, and ending at the end of Decem- adding at the end the following new para- on the day before the date of the enactment ber 31, 2008, notwithstanding section 255(g) of graph: of this Act, are hereby revived. the National Housing Act (12 U.S.C. 1715z– ‘‘(3) ADDITIONAL ADJUSTMENTS.—For pur- SEC. 602. TEMPORARY INCREASE IN ASSISTANCE 20(g)), the limitation on the maximum prin- poses of paragraph (1)(A), the amount de- FOR PROVIDING AUTOMOBILES OR cipal obligation of a home equity conversion scribed in clause (I) of paragraph (1)(A)(ii) OTHER CONVEYANCES TO CERTAIN mortgage that may be insured by the Sec- shall be increased by the amount of the net DISABLED VETERANS. retary of Housing and Urban Development operating loss deduction allowable for the (a) IN GENERAL.—Section 3902(a) of title 38, under such section 255 shall not exceed the taxable year under section 172 attributable United States Code, is amended by striking dollar limitation established under section to the sum of— ‘‘$11,000’’ and inserting ‘‘$22,484’’. 201(a)(2) of this Act (relating to increased ‘‘(A) carrybacks of net operating losses (b) EFFECTIVE DATE.—The amendment loan limits for the Federal Home Loan Mort- from taxable years beginning or ending dur- made by subsection (a) shall be effective dur- gage Corporation). ing 2006, 2007, and 2008, and ing the period beginning on the date of the SEC. 204. TEMPORARY INCREASE IN LOAN LIMIT ‘‘(B) carryovers of net operating losses to enactment of this Act and ending on Sep- FOR MANUFACTURED HOUSING. taxable years beginning or ending during tember 30, 2008. During the period beginning on July 1, 2006, 2007, or 2008.’’. (c) REVIVAL.—Effective on October 1, 2008, 2007, and ending at the end of December 31, (2) CONFORMING AMENDMENT.—Subclause (I) the provisions of such section 3902(a), as such 2008, with respect to any bank, trust com- of section 56(d)(1)(A)(i) of such Code is provisions were in effect on the day before pany, personal finance company, mortgage amended by inserting ‘‘amount of such’’ be- the date of the enactment of this Act, are company, building and loan association, in- fore ‘‘deduction described in clause (ii)(I)’’. hereby revived. stallment lending company, or other such fi- (c) ANTI-ABUSE RULES.—The Secretary of nancial institution, that received or seeks Treasury or the Secretary’s designee shall SA 3992. Mr. BROWN (for himself, insurance protection under section 2 of the prescribes such rules as are necessary to pre- Mrs. BOXER, Mr. BINGAMAN, Mr. SAND- National Housing Act (12 U.S.C. 1703(b)), the vent the abuse of the purposes of the amend- ERS, and Mr. SCHUMER) submitted an dollar limitation against losses which may ments made by this section, including anti- sustain as a result of a loan, advance of cred- amendment intended to be proposed by stuffing rules, anti-churning rules (including it, or purchase of an obligation representing him to the bill H.R. 5140, to provide rules relating to sale-leasebacks), and rules such loans and advances shall not exceed— economic stimulus through recovery similar to the rules under section 1091 of the (1) $25,090 if made for the purpose of financ- rebates to individuals, incentives for Internal Revenue Code of 1986 relating to ing alterations, repairs and improvements losses from wash sales. business investment, and an increase in upon or in connection with existing manu- conforming and FHA loan limits; which factured homes; (d) EFFECTIVE DATES.— (1) SUBSECTION (a).— was ordered to lie on the table; as fol- (2) $69,678 if made for the purpose of financ- lows: ing the purchase of a manufactured home; (A) IN GENERAL.—Except as provided in (3) $92,904 if made for the purpose of financ- subparagraph (B), the amendments made by At the appropriate place, insert the fol- ing the purchase of a manufactured home subsection (a) shall apply to net operating lowing: and a suitably developed lot on which to losses arising in taxable years beginning or SEC. ll. EMERGENCY FUNDING. place the home; and ending in 2006, 2007, or 2008. (a) IN GENERAL.—There is hereby appro- (4) $23,226 if made for the purpose of financ- (B) ELECTION.—In the case of a net oper- priated to the Secretary of Agriculture to ing the purchase, by an owner of a manufac- ating loss for a taxable year beginning or carry out the purposes of section 27(a) of the tured home which is the principal residence ending during 2006 or 2007— Food Stamp Act of 1977 (7 U.S.C. 2036(a)) of that owner, of a suitably developed lot on (i) any election made under section $100,000,000, to remain available until ex- which to place that manufactured home, and 172(b)(3) of the Internal Revenue Code of 1986 pended. if the owner certifies that he or she will may (notwithstanding such section) be re- (b) USE OF FUNDS.— place the manufactured home on the lot ac- voked before November 1, 2008, and (1) IN GENERAL.—In carrying out subsection quired with such loan within 6 months after (ii) any election made under section 172(j) (a), the Secretary may— the date of such loan. of such Code shall (notwithstanding such (A) waive such procurement rules as may section) be treated as timely made if made be necessary to expedite the purchase and SA 3990. Mr. ALLARD submitted an before November 1, 2008. distribution of commodities to emergency amendment intended to be proposed by (2) SUBSECTION (b).—The amendments made feeding organizations; and him to the bill H.R. 5140, to provide by subsection (b) shall apply to taxable years (B) divert to the emergency food assistance economic stimulus through recovery ending after December 31, 1995. program established under the Emergency rebates to individuals, incentives for Food Assistance Act of 1983 (7 U.S.C. 7501 et business investment, and an increase in SA 3991. Mr. SANDERS (for himself, seq.) commodities held in inventory for conforming and FHA loan limits; which Mr. AKAKA, and Mr. KERRY) submitted other programs that can be replaced at a later date without program disruption. was ordered to lie on the table; as fol- an amendment intended to be proposed to amendment SA 3983 proposed by Mr. (2) DISTRIBUTION COSTS.—A State may lows: choose to use up to 10 percent of the total REID to the bill H.R. 5140, to provide On page 14, after line 22, insert the fol- funds made available to the State under this lowing: economic stimulus through recovery section for distribution costs. SEC. 104. CARRYBACK OF CERTAIN NET OPER- rebates to individuals, incentives for ATING LOSSES ALLOWED FOR 5 business investment, and an increase in SA 3993. Mr. ALEXANDER submitted YEARS; TEMPORARY SUSPENSION OF conforming and FHA loan limits; which an amendment intended to be proposed 90 PERCENT AMT LIMIT. was ordered to lie on the table; as fol- (a) IN GENERAL.—Subparagraph (H) of sec- to amendment SA 3983 proposed by Mr. tion 172(b)(1) of the Internal Revenue Code of lows: REID to the bill H.R. 5140, to provide 1986 is amended to read as follows: At the end of the bill, add the following: economic stimulus through recovery

VerDate Aug 31 2005 03:34 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A06FE6.033 S06FEPT1 smartinez on PRODPC61 with SENATE February 6, 2008 CONGRESSIONAL RECORD — SENATE S745 rebates to individuals, incentives for (A) The last name of the individual com- (3) AVAILABILITY OF CEASE-AND-DESIST OR- business investment, and an increase in bined with the first initial or first name of DERS AND INJUNCTIVE RELIEF WITHOUT SHOW- conforming and FHA loan limits; which the individual. ING OF KNOWLEDGE.—In any proceeding or ac- was ordered to lie on the table; as fol- (B) The home address of the individual. tion pursuant to paragraph (2) to enforce (C) The telephone number of the indi- compliance through an order to cease and de- lows: vidual. sist or an injunction, the Federal Trade On page 33, strike line 1 through page 44, (D) The social security number of the indi- Commission shall not be required to allege line 24. vidual. or prove the state of mind required by sub- (E) The taxpayer identification number of section (b). SA 3994. Mr. ALEXANDER submitted the individual. (d) REFUND CHECK PROTECTION WORKING an amendment intended to be proposed (F) The employer identification number GROUP.— to amendment SA 3983 proposed by Mr. that is the same as or is derived from the so- (1) ESTABLISHMENT.—Not later than 30 days REID to the bill H.R. 5140, to provide cial security number of the individual. after the date of the enactment of this sec- economic stimulus through recovery (G) A financial account number, credit tion, the Commissioner of Internal Revenue shall establish a working group to be known rebates to individuals, incentives for card number, or debit card number of the in- dividual that is combined with any required as the ‘‘Refund Check Protection Working business investment, and an increase in security code, access code, or password that Group’’ (hereafter in this subsection referred conforming and FHA loan limits; which would permit access to a financial account of to as the ‘‘Working Group’’). was ordered to lie on the table; as fol- such individual. (2) MEMBERSHIP.— lows: (H) The driver’s license identification num- (A) APPOINTMENT AND CONSULTATION.—Sub- On page 34, strike line 20 through page 37, ber or State resident identification number ject to subparagraph (B), members of the line 6, and insert the following: of the individual. Working group shall be appointed by the (I) Such other information that is suffi- Commissioner of Internal Revenue in con- SEC. 125. EXTENSION OF NEW ENERGY EFFI- CIENT HOME CREDIT. cient to identify the individual by name. sultation with the head of each of the agen- cies described in such subparagraph. Subsection (g) of section 45L of the Inter- (5) INTERNET.—The term ‘‘Internet’’ means (B) COMPOSITION.—The Working Group nal Revenue Code of 1986 (relating to termi- the international computer network of both shall be composed of 5 members of whom— nation) is amended by striking ‘‘December Federal and non-Federal interoperable pack- (i) 1 shall be a representative of the Inter- 31, 2008’’ and inserting ‘‘December 31, 2009’’. et switched data networks. (6) WEB PAGE.—The term ‘‘web page’’ nal Revenue Service; SEC. 126. EXTENSION OF ENERGY CREDIT. means a location, with respect to the World (ii) 1 shall be a representative of the Fed- (a) SOLAR ENERGY PROPERTY.—Paragraphs Wide Web, that has a single Uniform Re- eral Trade Commission; (2)(A)(i)(II) and (3)(A)(ii) of section 48(a) of source Locator or another single location (iii) 1 shall be a representative of the De- the Internal Revenue Code of 1986 (relating with respect to the Internet, as the Federal partment of Justice; to energy credit) are each amended by strik- Trade Commission may prescribe. (iv) 1 shall be a representative of the Fed- ing ‘‘January 1, 2009’’ and inserting ‘‘January (b) USE OF DECEPTIVE OR MISLEADING WEB eral Bureau of Investigation; and 1, 2010’’. PAGES, DOMAIN NAMES, AND ELECTRONIC MAIL (v) 1 shall be a representative of the Secret (b) FUEL CELL PROPERTY.—Subparagraph MESSAGES REFERRING TO THE INTERNAL REV- Service. (E) of section 48(c)(1) of the Internal Revenue ENUE SERVICE.—It shall be unlawful for any (C) CHAIR.—The Working Group shall se- Code of 1986 (relating to qualified fuel cell person, by means of a web page, domain lect a chair from among its members. property) is amended by striking ‘‘December name, electronic mail message, or otherwise (3) DUTIES.— 31, 2008’’ and inserting ‘‘December 31, 2009’’. through the use of the Internet, to solicit, (A) BEST PRACTICES.—The Working Group (c) MICROTURBINE PROPERTY.—Subpara- request, or take any action, to induce an in- shall collect, review, disseminate, and advise graph (E) of section 48(c)(2) of the Internal dividual to provide identifying information on best practices and any additional govern- Revenue Code of 1986 (relating to qualified by representing itself to be the Internal Rev- mental efforts required to protect the integ- microturbine property) is amended by strik- enue Service, or another governmental office rity of the distribution of refunds for Federal ing ‘‘December 31, 2008’’ and inserting ‘‘De- administering any refund of Federal taxes, taxes. cember 31, 2009’’. without the authority or approval of the (B) MONTHLY REPORT.—Not later than 3 months after the date on which the Working Mr. NELSON of Florida (for Commissioner of Internal Revenue, if— SA 3995. (1) the representing person does not have Group is established, and every month there- himself and Ms. SNOWE) submitted an the express authority or approval of the after, the Working Group shall submit to amendment intended to be proposed to Commissioner of Internal Revenue or other Congress a report on its findings with re- amendment SA 3983 proposed by Mr. governmental office to represent itself as the spect to its activities under subparagraph REID to the bill H.R. 5140, to provide Internal Revenue Service, or another govern- (A). economic stimulus through recovery mental office administering any refund of (4) TERMINATION.—This Working Group rebates to individuals, incentives for Federal taxes; and shall terminate 180 days after the date of the (2) the representing person has actual enactment of this section. business investment, and an increase in (e) EFFECT ON FEDERAL TRADE COMMISSION conforming and FHA loan limits; which knowledge, or knowledge fairly implied on the basis of objective circumstances, that ACT.—Nothing in this section may be con- was ordered to lie on the table; as fol- such web page, domain name, electronic mail strued to reduce the authority of the Federal lows: message, or other means would be likely to Trade Commission to bring enforcement ac- At the end of title I, add the following: mislead an individual, acting reasonably tions under the Federal Trade Commission Act for materially false or deceptive rep- SEC. lll. REFUND CHECK INTEGRITY PROTEC- under the circumstances, about a material TION. fact regarding the contents of such elec- resentations or unfair practices on the Inter- net. (a) DEFINITIONS.—In this section: tronic mail message, instant message, web page, or advertisement (consistent with the (1) DOMAIN NAME.—The term ‘‘domain SA 3996. Mr. NELSON of Florida (for name’’ means any alphanumeric designation criteria used in the enforcement of section 5 himself and Ms. SNOWE) submitted an that is registered with or assigned by any do- of the Federal Trade Commission Act (15 main name registrar, domain name registry, U.S.C. 45)). amendment intended to be proposed to or other domain name registration authority (c) ENFORCEMENT BY FEDERAL TRADE COM- amendment SA 3983 proposed by Mr. as part of an electronic address on the Inter- MISSION.— REID to the bill H.R. 5140, to provide net. (1) UNFAIR OR DECEPTIVE ACT OR PRACTICE.— economic stimulus through recovery (2) ELECTRONIC MAIL ADDRESS.—The term A violation of a prohibition described in sub- rebates to individuals, incentives for ‘‘electronic mail address’’ means a destina- section (b) shall be treated as a violation of business investment, and an increase in tion, commonly expressed as a string of a rule defining an unfair or deceptive act or conforming and FHA loan limits; which characters, consisting of a unique user name practice described under section 18(a)(1)(B) of was ordered to lie on the table; as fol- or mailbox (commonly referred to as the the Federal Trade Commission Act (15 U.S.C. ‘‘local part’’) and a reference to an Internet 57a(a)(1)(B)). lows: domain (commonly referred to as the ‘‘do- (2) ACTIONS BY THE FEDERAL TRADE COMMIS- On page 49, after line 19, add the following: main part’’), whether or not displayed, to SION.—The Federal Trade Commission shall Subtitle E—Other Provisions which an electronic mail message can be enforce the provisions of paragraph (1) and SEC. 132. REFUND CHECK INTEGRITY PROTEC- sent or delivered. subsection (b) in the same manner, by the TION. (3) ELECTRONIC MAIL MESSAGE.—The term same means, and with the same jurisdiction, (a) DEFINITIONS.—In this section: ‘‘electronic mail message’’ means a message powers, and duties as though all applicable (1) DOMAIN NAME.—The term ‘‘domain sent to a unique electronic mail address. terms and provisions of the Federal Trade name’’ means any alphanumeric designation (4) IDENTIFYING INFORMATION.—The term Commission Act (15 U.S.C. 41 et seq.) were that is registered with or assigned by any do- ‘‘identifying information’’, with respect to incorporated into and made part of this sec- main name registrar, domain name registry, an individual, means any of the following: tion. or other domain name registration authority

VerDate Aug 31 2005 03:34 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A06FE6.053 S06FEPT1 smartinez on PRODPC61 with SENATE S746 CONGRESSIONAL RECORD — SENATE February 6, 2008 as part of an electronic address on the Inter- (1) UNFAIR OR DECEPTIVE ACT OR PRACTICE.— amendment SA 3899 proposed by Mr. net. A violation of a prohibition described in sub- DORGAN (for himself, Ms. MURKOWSKI, (2) ELECTRONIC MAIL ADDRESS.—The term section (b) shall be treated as a violation of Mr. BAUCUS, Mr. KENNEDY, Mr. SMITH, ‘‘electronic mail address’’ means a destina- a rule defining an unfair or deceptive act or Mr. NELSON of Nebraska, and Mr. tion, commonly expressed as a string of practice described under section 18(a)(1)(B) of SALAZAR) to the bill S. 1200, to amend characters, consisting of a unique user name the Federal Trade Commission Act (15 U.S.C. or mailbox (commonly referred to as the 57a(a)(1)(B)). the Indian Health Care Improvement ‘‘local part’’) and a reference to an Internet (2) ACTIONS BY THE FEDERAL TRADE COMMIS- Act to revise and extend the Act; which domain (commonly referred to as the ‘‘do- SION.—The Federal Trade Commission shall was ordered to lie on the table; as fol- main part’’), whether or not displayed, to enforce the provisions of paragraph (1) and lows: which an electronic mail message can be subsection (b) in the same manner, by the On page 4, line 13, strike ‘‘$150,000 ($300,000’’ sent or delivered. same means, and with the same jurisdiction, and insert ‘‘$75,000 ($150,000’’. (3) ELECTRONIC MAIL MESSAGE.—The term powers, and duties as though all applicable ‘‘electronic mail message’’ means a message terms and provisions of the Federal Trade SA 3998. Mr. DORGAN submitted an sent to a unique electronic mail address. Commission Act (15 U.S.C. 41 et seq.) were amendment intended to be proposed by (4) IDENTIFYING INFORMATION.—The term incorporated into and made part of this sec- him to the bill H.R. 5140, to provide ‘‘identifying information’’, with respect to tion. economic stimulus through recovery an individual, means any of the following: (3) AVAILABILITY OF CEASE-AND-DESIST OR- rebates to individuals, incentives for (A) The last name of the individual com- DERS AND INJUNCTIVE RELIEF WITHOUT SHOW- bined with the first initial or first name of business investment, and an increase in ING OF KNOWLEDGE.—In any proceeding or ac- conforming and FHA loan limits; which the individual. tion pursuant to paragraph (2) to enforce (B) The home address of the individual. compliance through an order to cease and de- was ordered to lie on the table; as fol- (C) The telephone number of the indi- sist or an injunction, the Federal Trade lows: vidual. Commission shall not be required to allege At the appropriate place, insert the fol- (D) The social security number of the indi- or prove the state of mind required by sub- lowing: vidual. section (b). SEC. ll. SUSPENSION OF PETROLEUM ACQUISI- (E) The taxpayer identification number of (d) REFUND CHECK PROTECTION WORKING TION FOR STRATEGIC PETROLEUM the individual. GROUP.— RESERVE. (F) The employer identification number (1) ESTABLISHMENT.—Not later than 30 days (a) IN GENERAL.—Except as provided in that is the same as or is derived from the so- after the date of the enactment of this sec- subsection (b) and notwithstanding any cial security number of the individual. tion, the Commissioner of Internal Revenue other provision of law, during calendar year (G) A financial account number, credit shall establish a working group to be known 2008, the Secretary of Energy shall suspend card number, or debit card number of the in- as the ‘‘Refund Check Protection Working acquisition of petroleum for the Strategic dividual that is combined with any required Group’’ (hereafter in this subsection referred Petroleum Reserve through the royalty-in- kind program or any other acquisition meth- security code, access code, or password that to as the ‘‘Working Group’’). od. would permit access to a financial account of (2) MEMBERSHIP.— (b) RESUMPTION.—The Secretary may re- such individual. (A) APPOINTMENT AND CONSULTATION.—Sub- sume acquisition of petroleum for the Stra- (H) The driver’s license identification num- ject to subparagraph (B), members of the tegic Petroleum Reserve through the roy- ber or State resident identification number Working group shall be appointed by the alty-in-kind program or any other acquisi- of the individual. Commissioner of Internal Revenue in con- tion method under subsection (a) not earlier (I) Such other information that is suffi- sultation with the head of each of the agen- than 30 days after the date on which the Sec- cient to identify the individual by name. cies described in such subparagraph. retary notifies Congress that the Secretary (5) INTERNET.—The term ‘‘Internet’’ means (B) COMPOSITION.—The Working Group has determined that the weighted average the international computer network of both shall be composed of 5 members of whom— price of petroleum in the United States for Federal and non-Federal interoperable pack- (i) 1 shall be a representative of the Inter- the most recent 90-day period is $50 or less et switched data networks. nal Revenue Service; per barrel. (6) WEB PAGE.—The term ‘‘web page’’ (ii) 1 shall be a representative of the Fed- means a location, with respect to the World eral Trade Commission; SA 3999. Ms. LANDRIEU (for herself Wide Web, that has a single Uniform Re- (iii) 1 shall be a representative of the De- and Mr. VITTER) submitted an amend- source Locator or another single location partment of Justice; ment intended to be proposed to with respect to the Internet, as the Federal (iv) 1 shall be a representative of the Fed- amendment SA 3983 proposed by Mr. Trade Commission may prescribe. eral Bureau of Investigation; and (b) USE OF DECEPTIVE OR MISLEADING WEB REID to the bill H.R. 5140, to provide (v) 1 shall be a representative of the Secret economic stimulus through recovery PAGES, DOMAIN NAMES, AND ELECTRONIC MAIL Service. MESSAGES REFERRING TO THE INTERNAL REV- (C) CHAIR.—The Working Group shall se- rebates to individuals, incentives for ENUE SERVICE.—It shall be unlawful for any lect a chair from among its members. business investment, and an increase in person, by means of a web page, domain (3) DUTIES.— conforming and FHA loan limits; which name, electronic mail message, or otherwise (A) BEST PRACTICES.—The Working Group was ordered to lie on the table; as fol- through the use of the Internet, to solicit, shall collect, review, disseminate, and advise lows: request, or take any action, to induce an in- on best practices and any additional govern- On page 13, before line 4, insert the fol- dividual to provide identifying information mental efforts required to protect the integ- by representing itself to be the Internal Rev- lowing: rity of the distribution of refunds for Federal enue Service, or another governmental office SEC. 102. USE OF AMENDED INCOME TAX RE- taxes. administering any refund of Federal taxes, TURNS TO TAKE INTO ACCOUNT RE- (B) MONTHLY REPORT.—Not later than 3 CEIPT OF CERTAIN HURRICANE-RE- without the authority or approval of the months after the date on which the Working LATED CASUALTY LOSS GRANTS BY Commissioner of Internal Revenue, if— Group is established, and every month there- DISALLOWING PREVIOUSLY TAKEN (1) the representing person does not have after, the Working Group shall submit to CASUALTY LOSS DEDUCTIONS. the express authority or approval of the Congress a report on its findings with re- Notwithstanding any other provision of Commissioner of Internal Revenue or other the Internal Revenue Code of 1986, if a tax- spect to its activities under subparagraph governmental office to represent itself as the payer claims a deduction for any taxable (A). Internal Revenue Service, or another govern- year with respect to a casualty loss to a per- (4) TERMINATION.—This Working Group mental office administering any refund of sonal residence (within the meaning of sec- shall terminate 180 days after the date of the Federal taxes; and tion 121 of such Code) resulting from Hurri- enactment of this section. (2) the representing person has actual cane Katrina or Hurricane Rita and in a sub- (e) EFFECT ON FEDERAL TRADE COMMISSION knowledge, or knowledge fairly implied on sequent taxable year receives a grant under ACT.—Nothing in this section may be con- the basis of objective circumstances, that Public Law 109–148, 109–234, or 110–116 as re- strued to reduce the authority of the Federal such web page, domain name, electronic mail imbursement for such loss from the State of Trade Commission to bring enforcement ac- message, or other means would be likely to Louisiana or the State of Mississippi, such tions under the Federal Trade Commission mislead an individual, acting reasonably taxpayer may elect to file an amended in- Act for materially false or deceptive rep- under the circumstances, about a material come tax return for the taxable year in resentations or unfair practices on the Inter- fact regarding the contents of such elec- which such deduction was allowed and dis- net. tronic mail message, instant message, web allow such deduction. If elected, such amend- page, or advertisement (consistent with the SA 3997. Mr. HARKIN submitted an ed return must be filed not later than the due date for filing the tax return for the tax- criteria used in the enforcement of section 5 amendment intended to be proposed to of the Federal Trade Commission Act (15 able year in which the taxpayer receives U.S.C. 45)). amendment SA 3983 submitted by Mr. such reimbursement. Any increase in Fed- (c) ENFORCEMENT BY FEDERAL TRADE COM- BROWNBACK (for himself, Mr. DORGAN, eral income tax resulting from such dis- MISSION.— Ms. CANTWELL, and Mr. INOUYE) to the allowance shall not be subject to any penalty

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or interest under such Code if such amended ‘‘(A) the amount described in subsection (b) EFFECTIVE DATE.—The amendments return is so filed. (a); and made by subsection (a) shall be effective dur- ‘‘(B) the relative State population propor- ing the period beginning on the date of the SA 4000. Ms. LANDRIEU (for herself tion (as defined in paragraph (4)). enactment of this Act and ending on Sep- and Mr. VITTER) submitted an amend- ‘‘(4) RELATIVE STATE POPULATION PROPOR- tember 30, 2008. ment intended to be proposed to TION DEFINED.—For purposes of paragraph (c) REVIVAL.—Effective on October 1, 2008, amendment SA 3983 proposed by Mr. (3)(B), the term ‘relative State population the provisions of subsection (b)(2) and para- REID to the bill H.R. 5140, to provide proportion’ means, with respect to a State, graphs (1) and (2) of subsection (d) of such economic stimulus through recovery the amount equal to the quotient of— section 2102, as such provisions were in effect on the day before the date of the enactment rebates to individuals, incentives for ‘‘(A) the population of the State (as re- ported in the most recent decennial census); of this Act, are hereby revived. business investment, and an increase in and SEC. lll. TEMPORARY INCREASE IN ASSIST- conforming and FHA loan limits; which ‘‘(B) the total population of all States (as ANCE FOR PROVIDING AUTO- was ordered to lie on the table; as fol- reported in the most recent decennial cen- MOBILES OR OTHER CONVEYANCES lows: sus). TO CERTAIN DISABLED VETERANS. On page 4, line 14, insert ‘‘For purposes of ‘‘(d) USE OF PAYMENT.— (a) IN GENERAL.—Section 3902(a) of title 38, the preceding sentence, adjusted gross in- ‘‘(1) IN GENERAL.—Subject to paragraph (2), United States Code, is amended by striking come shall not include any income resulting a State shall use the funds provided under a ‘‘$11,000’’ and inserting ‘‘$22,484’’. from the recapture of any casualty loss de- payment made under this section for infra- (b) EFFECTIVE DATE.—The amendment duction due to the receipt of any grants structure needs, including— made by subsection (a) shall be effective dur- under Public Law 109–148, 109–234, or 110– ‘‘(A) construction, maintenance, or repair ing the period beginning on the date of the 116.’’. of highways and bridges; enactment of this Act and ending on Sep- ‘‘(B) mass transit projects; tember 30, 2008. (c) REVIVAL.—Effective on October 1, 2008, SA 4001. Mr. NELSON of Nebraska ‘‘(C) public works projects, such as water, wastewater treatment, sewer, or drinking the provisions of such section 3902(a), as such submitted an amendment intended to provisions were in effect on the day before be proposed to amendment SA 3983 pro- water projects; or ‘‘(D) other capital construction needs. the date of the enactment of this Act, are posed by Mr. REID to the bill H.R. 5140, ‘‘(2) LIMITATION.—A State may only use hereby revived. to provide economic stimulus through funds provided under a payment made under recovery rebates to individuals, incen- this section if such funds are obligated for SA 4003. Mr. SANDERS (for himself tives for business investment, and an expenditure before October 1, 2008. and Mrs. CLINTON) submitted an increase in conforming and FHA loan ‘‘(e) CERTIFICATION.—In order to receive a amendment intended to be proposed to limits; which was ordered to lie on the payment under this section, the State shall amendment SA 3983 proposed by Mr. table; as follows: provide the Secretary of the Treasury with a REID to the bill H.R. 5140, to provide At the end add the following: certification that the State’s proposed uses economic stimulus through recovery of the funds are consistent with subsection TITLE VI—TEMPORARY INFRASTRUCTURE rebates to individuals, incentives for (d). business investment, and an increase in GRANTS TO STATES ‘‘(f) DEFINITION OF STATE.—In this section, SEC. 601. TEMPORARY INFRASTRUCTURE the term ‘State’ means the 50 States, the conforming and FHA loan limits; which GRANTS TO STATES. District of Columbia, the Commonwealth of was ordered to lie on the table; as fol- Section 601 of the Social Security Act (42 Puerto Rico, the United States Virgin Is- lows: U.S.C. 801) is amended to read as follows: lands, Guam, the Commonwealth of the On page 69, strike lines 1 through 4 and in- ‘‘SEC. 601. TEMPORARY INFRASTRUCTURE Northern Mariana Islands, and American sert the following: GRANTS TO STATES. Samoa. ‘‘(a) APPROPRIATION.—There is authorized TITLE V—ADDITIONAL APPROPRIATIONS ‘‘(g) REPEAL.—This title is repealed on Oc- to be appropriated and is appropriated for tober 1, 2008.’’. SEC. 501. WEATHERIZATION ASSISTANCE. making payments to States under this sec- In addition to amounts available as of the tion, $5,000,000,000 for fiscal year 2008. SA 4002. Mr. SANDERS (for himself date of enactment of this Act for the weath- ‘‘(b) PAYMENTS.—From the amount appro- erization assistance program of the Depart- and Mrs. CLINTON) submitted an priated under subsection (a), the Secretary ment of Energy, there is hereby appropriated of the Treasury shall, not later than the amendment intended to be proposed to for that program $500,000,000. amendment SA 3983 proposed by Mr. later of the date that is 45 days after the TITLE VI—EMERGENCY DESIGNATION OF date of enactment of this section or the date REID to the bill H.R. 5140, to provide APPROPRIATED AMOUNTS that a State provides the certification re- economic stimulus through recovery SEC. 601. EMERGENCY DESIGNATION. quired by subsection (e), pay each State the rebates to individuals, incentives for amount determined for the State under sub- business investment, and an increase in SA 4004. Mr. SANDERS (for himself, section (c). conforming and FHA loan limits; which ‘‘(c) PAYMENTS BASED ON POPULATION.— Mrs. CLINTON, and Mr. KERRY) sub- was ordered to lie on the table; as fol- ‘‘(1) IN GENERAL.—Subject to paragraph (2), mitted an amendment intended to be lows: the amount appropriated under subsection proposed to amendment SA 3983 pro- (a) shall be used to pay each State an At the appropriate place in the appropria- posed by Mr. REID to the bill H.R. 5140, amount equal to the relative population pro- tions section, insert the following: to provide economic stimulus through portion amount described in paragraph (3). (ll) For an additional amount for com- ‘‘(2) MINIMUM PAYMENT.— munity health centers under section 330 of recovery rebates to individuals, incen- ‘‘(A) IN GENERAL.—No State shall receive a the Public Health Service Act (42 U.S.C. tives for business investment, and an payment under this section that is less 254b), $148,000,000. increase in conforming and FHA loan than— (ll) For an additional amount for the limits; which was ordered to lie on the ‘‘(i) in the case of 1 of the 50 States or the weatherization assistance program of the De- table; as follows: District of Columbia, 1⁄2 of 1 percent of the partment of Energy, $500,000,000. On page 69, strike lines 1 through 4 and in- amount appropriated under subsection (a); (ll) For an additional amount to carry sert the following: and out title X of the Energy Independence and ‘‘(ii) in the case of the Commonwealth of Security Act of 2007 (Public Law 110–140; 121 TITLE V—ADDITIONAL APPROPRIATIONS Puerto Rico, the United States Virgin Is- Stat. 1748) and amendments made by that SEC. 501. GREEN JOBS. lands, Guam, the Commonwealth of the title, $125,000,000. In addition to amounts available as of the Northern Mariana Islands, or American At the appropriate place, insert the fol- date of enactment of this Act to carry out Samoa, 1⁄10 of 1 percent of the amount appro- lowing: title X of the Energy Independence and Secu- priated under subsection (a). SEC. lll. TEMPORARY INCREASE IN SPECIALLY rity Act of 2007 (Public Law 110–140; 121 Stat. ‘‘(B) PRO RATA ADJUSTMENTS.—The Sec- ADAPTED HOUSING BENEFITS FOR 1748) and amendments made by that title, retary of the Treasury shall adjust on a pro DISABLED VETERANS. there is hereby appropriated for that title rata basis the amount of the payments to (a) IN GENERAL.—Section 2102 of title 38, and those amendments $125,000,000. States determined under this section with- United States Code, is amended— TITLE VI—EMERGENCY DESIGNATION OF out regard to this subparagraph to the ex- (1) in subsection (b)(2), by striking APPROPRIATED AMOUNTS tent necessary to comply with the require- ‘‘$10,000’’ and inserting ‘‘$12,000’’; and SEC. 601. EMERGENCY DESIGNATION. ments of subparagraph (A). (2) in subsection (d)— ‘‘(3) RELATIVE POPULATION PROPORTION (A) in paragraph (1), by striking ‘‘$50,000’’ AMOUNT.—The relative population proportion and inserting ‘‘$60,000’’; and SA 4005. Mr. SANDERS submitted an amount described in this paragraph is the (B) in paragraph (2), by striking ‘‘$10,000’’ amendment intended to be proposed to product of— and inserting ‘‘$12,000’’. amendment SA 3983 proposed by Mr.

VerDate Aug 31 2005 03:34 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A06FE6.048 S06FEPT1 smartinez on PRODPC61 with SENATE S748 CONGRESSIONAL RECORD — SENATE February 6, 2008 REID to the bill H.R. 5140, to provide ‘‘(1) IN GENERAL.—Of the obligation author- ‘‘(1) $300,000,000 for stimulus grants to re- economic stimulus through recovery ity distributed under subsection (a)(4), not cipients described in subsection (b)(1); and rebates to individuals, incentives for less than $4,000,000,000 shall be provided to ‘‘(2) $700,000,000 for stimulus grants to re- business investment, and an increase in States for use in carrying out highway cipients described in subsection (b)(2). projects that the States determine will pro- ‘‘(d) DISTRIBUTION OF FUNDS.— conforming and FHA loan limits; which vide rapid economic stimulus. ‘‘(1) EXPEDITED NEW STARTS GRANTS.— was ordered to lie on the table; as fol- ‘‘(2) REQUIREMENT.—A State that seeks a Funds described in subsection (c)(1) shall be lows: distribution of the obligation authority de- distributed among eligible recipients so that At the appropriate place in the appropria- scribed in paragraph (1) shall agree to obli- each recipient receives an equal percentage tions section, insert the following: gate funds so received not later than 120 days increase based on the Federal funding com- (ll) For an additional amount for com- after the date on which the State receives mitment for fiscal year 2008 specified in At- munity health centers under section 330 of the funds. tachment 6 of the recipient’s full funding the Public Health Service Act (42 U.S.C. ‘‘(3) FLEXIBILITY.—A State that receives a grant agreement. 254b), $148,000,000. distribution of the obligation authority de- ‘‘(2) FORMULA GRANTS.—Of the funds de- scribed in paragraph (1) may use the funds scribed in subsection (c)(2)— SA 4006. Mr. CHAMBLISS (for him- for any highway project described in para- ‘‘(A) 60 percent shall be distributed accord- graph (1), regardless of any funding limita- ing to the formula in subsections (a) through self, Mr. CRAPO, Mr. DEMINT, and Mr. tion or formula that is otherwise applicable (c) of section 5336 of title 49, United States COBURN) submitted an amendment in- to projects carried out using obligation au- Code; and tended to be proposed to amendment thority under this section. ‘‘(B) 40 percent shall be distributed accord- SA 3983 proposed by Mr. REID to the ‘‘(4) FEDERAL SHARE.—The Federal share of ing to the formula in section 5340 of title 49, bill H.R. 5140, to provide economic any highway project carried out using funds United States Code. stimulus through recovery rebates to described in paragraph (1) shall be 100 per- ‘‘(3) ALLOCATION.—The Secretary shall de- individuals, incentives for business in- cent.’’. termine the allocation of the amounts de- vestment, and an increase in con- (b) CONFORMING AMENDMENTS.— scribed in subsection (c)(1) and shall appor- (1) The matter under the heading ‘‘(INCLUD- forming and FHA loan limits; which tion amounts described in subsection (c)(2) ING TRANSFER OF FUNDS)’’ under the heading not later than 20 days after the date of en- was ordered to lie on the table; as fol- ‘‘(HIGHWAY TRUST FUND)’’ under the heading actment of this section. lows: ‘‘(LIMITATION ON OBLIGATIONS)’’ under the ‘‘(4) NOTIFICATION TO CONGRESS.—The Sec- Strike title V. heading ‘‘FEDERAL-AID HIGHWAYS’’ under the retary shall notify the committees referred heading ‘‘FEDERAL HIGHWAY ADMINISTRA- to in section 5334(k) of title 49, United States SA 4007. Mr. WYDEN (for himself, TION’’ of title I of division K of the Consoli- Code, of the allocations determined under Mr. THUNE, Mr. DODD, Mr. SHELBY, Mrs. dated Appropriations Act, 2008 (Public Law paragraph (3) not later than 3 days after such 110–161; 121 Stat. 1844) is amended by striking CLINTON, Mr. DURBIN, Mr. HARKIN, Mr. determination is made. ‘‘$40,216,051,359’’ and inserting JOHNSON, Mr. MENENDEZ, Ms. MIKULSKI, ‘‘(5) OBLIGATION REQUIREMENT.—The Sec- ‘‘$44,216,051,359’’. retary shall obligate the funds described in Mr. REED, Mr. SANDERS, Mr. SCHUMER, (2) The matter under the heading ‘‘(INCLUD- subsection (c)(1) as expeditiously as prac- and Mr. WEBB) submitted an amend- ING RESCISSION)’’ under the heading ‘‘(HIGH- ticable, but in no case later than 120 days ment intended to be proposed to WAY TRUST FUND)’’ under the heading ‘‘(LIMI- after the date of enactment of this section. amendment SA 3983 proposed by Mr. TATION ON OBLIGATIONS)’’ under the heading ‘‘(e) PRE-AWARD SPENDING AUTHORITY.— REID to the bill H.R. 5140, to provide ‘‘(LIQUIDATION OF CONTRACT AUTHORITY)’’ ‘‘(1) IN GENERAL.—A recipient of a grant economic stimulus through recovery under the heading ‘‘FORMULA AND BUS under this section shall have pre-award GRANTS’’ under the heading ‘‘FEDERAL TRAN- rebates to individuals, incentives for spending authority. SIT ADMINISTRATION’’ of title I of division K business investment, and an increase in ‘‘(2) REQUIREMENTS.—Any expenditure of the Consolidated Appropriations Act, 2008 made pursuant to pre-award spending au- conforming and FHA loan limits; which (Public Law 110–161; 121 Stat. 1844) is amend- thorized by this subsection shall conform was ordered to lie on the table; as fol- ed by striking ‘‘$6,855,000,000’’ and inserting with applicable Federal requirements in lows: ‘‘, and section 3052 of Public Law 109–59, order to remain eligible for future Federal At the end, add the following: $7,855,000,000’’. reimbursement. (3) Sections 9503(c)(1) and 9503(e)(3) of the ‘‘(f) FEDERAL SHARE.—The Federal share of TITLE VI—INCREASED FUNDING FOR Internal Revenue Code of 1986 are each a stimulus grant authorized under this sec- HIGHWAY TRUST FUND amended by inserting ‘‘, as amended by the tion shall be 100 percent. SEC. 601. REPLENISH EMERGENCY SPENDING Economic Stimulus Act of 2008,’’. ‘‘(g) SELF-CERTIFICATION.— FROM HIGHWAY TRUST FUND. SEC. 603. STIMULUS OF MANUFACTURING AND ‘‘(1) IN GENERAL.—Prior to the obligation of (a) IN GENERAL.—Section 9503(b) of the In- CONSTRUCTION THROUGH PUBLIC stimulus grant funds under this section, the ternal Revenue Code of 1986 is amended— TRANSPORTATION INVESTMENT. recipient of the grant award shall certify— (1) by adding at the end the following new (a) IN GENERAL.—Title III of the Safe, Ac- ‘‘(A) for recipients described in subsection paragraph: countable, Flexible, Efficient Transportation (b)(1), that the recipient will comply with ‘‘(7) EMERGENCY SPENDING REPLENISH- Equity Act: A Legacy for Users (Public Law the terms and conditions that apply to 109–59; 119 Stat. 1544) is amended by adding at MENT.—There is hereby appropriated to the grants under section 5309 of title 49, United the end the following: Highway Trust Fund $5,000,000,000, of which— States Code; ‘‘(A) $4,000,000,000 shall be deposited in the ‘‘SEC. 3052. STIMULUS OF MANUFACTURING AND ‘‘(B) for recipients under subsection (b)(2), CONSTRUCTION THROUGH PUBLIC Highway Account; and that the recipient will comply with the ‘‘(B) $1,000,000,000 shall be deposited in the TRANSPORTATION INVESTMENT. ‘‘(a) AUTHORIZATION.—The Secretary is au- terms and conditions that apply to grants Mass Transit Account.’’, and thorized to make stimulus grants under this under section 5307 of title 49, United States (2) by striking ‘‘AMOUNTS EQUIVALENT TO section to public transportation agencies. Code; and CERTAIN TAXES AND PENALTIES’’ in the head- ‘‘(b) ELIGIBLE RECIPIENTS.—Stimulus ‘‘(C) that the funds will be used in a man- ing and inserting ‘‘CERTAIN AMOUNTS’’. grants authorized under subsection (a) may ner that will stimulate the economy. (b) EFFECTIVE DATE.—The amendments be awarded— ‘‘(2) CERTIFICATION.—Required certifi- made by this section shall take effect on the ‘‘(1) to public transportation agencies cations may be made as part of the certifi- date of the enactment of this Act. which have a full funding grant agreement in cation required under section 5307(d)(1) of SEC. 602. OBLIGATION AUTHORITY FOR STIM- force on the date of enactment of this sec- title 49, United States Code. ULUS PROJECTS. tion with Federal payments scheduled in any ‘‘(3) AUDIT.—If, upon the audit of any re- (a) IN GENERAL.—Section 1102 of the Safe, year beginning with fiscal year 2008, for ac- cipient under this section, the Secretary Accountable, Flexible, Efficient Transpor- tivities authorized under the full funding finds that the recipient has not complied tation Equity Act: A Legacy for Users (23 grant agreement that would expedite con- with the requirements of this section and U.S.C. 104 note; Public Law 109–59) is amend- struction of the project; and has not made a good-faith effort to comply, ed— ‘‘(2) to designated recipients as defined in the Secretary may withhold not more than (1) in subsection (a)— section 5307 of title 49, United States Code, 25 percent of the amount required to be ap- (A) in the matter preceding paragraph (1), for immediate use to address a backlog of ex- propriated for that recipient under section by striking ‘‘(g) and (h)’’ and inserting ‘‘(g), isting maintenance needs or to purchase roll- 5307 of title 49, United States Code, for the (h), and (l)’’; and ing stock or buses, if the contracts for such following fiscal year if the Secretary notifies (B) paragraph (4), by striking purchases are in place prior to the grant the committees referred to in subsection ‘‘$39,585,075,404’’ and inserting award. (d)(4) at least 21 days prior to such with- ‘‘$43,585,075,404’’; and ‘‘(c) USE OF FUNDS.—Of the amounts made holding.’’. (2) by adding at the end the following: available to carry out this section, the Sec- (b) STIMULUS GRANT FUNDING.—Section ‘‘(l) OBLIGATION AUTHORITY FOR STIMULUS retary shall use to make grants under this 5338 of title 49, United States Code, is amend- PROJECTS.— section— ed by adding at the end the following:

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‘‘(h) STIMULUS GRANT FUNDING.—For fiscal ‘‘(2) TAXPAYER DESCRIBED.—A taxpayer is first taxable year beginning in 2007 shall be year 2008, $1,000,000,000 shall be available described in this paragraph if the taxpayer— treated as having made a payment against from the Mass Transit Account of the High- ‘‘(A) has qualifying income of at least the tax imposed by chapter 1 for such first way Trust Fund to carry out section 3052 of $3,000, or taxable year in an amount equal to the ad- the Safe, Accountable, Flexible, Efficient ‘‘(B) has— vance refund amount for such taxable year. Transportation Equity Act: A Legacy for ‘‘(i) net income tax liability which is great- ‘‘(2) ADVANCE REFUND AMOUNT.—For pur- Users.’’. er than zero, and poses of paragraph (1), the advance refund (c) EXPANDED BUS SERVICE IN SMALL COM- ‘‘(ii) gross income which is greater than amount is the amount that would have been MUNITIES.—Section 5307(b)(2) of title 49, the sum of the basic standard deduction plus allowed as a credit under this section for United States Code, is amended— the exemption amount (twice the exemption such first taxable year if this section (other (1) in the paragraph heading, by striking amount in the case of a joint return). than subsection (f) and this subsection) had ‘‘2007’’ and inserting ‘‘2009’’; ‘‘(c) TREATMENT OF CREDIT.—The credit al- applied to such taxable year. (2) in subparagraph (A), by striking ‘‘2007’’ lowed by subsection (a) shall be treated as ‘‘(3) TIMING OF PAYMENTS.—The Secretary and inserting ‘‘2009’’; and allowed by subpart C of part IV of sub- shall, subject to the provisions of this title, (3) by adding at the end the following: chapter A of chapter 1. refund or credit any overpayment attrib- ‘‘(E) MAXIMUM AMOUNTS IN FISCAL YEARS ‘‘(d) LIMITATION BASED ON ADJUSTED GROSS utable to this section as rapidly as possible. 2008 AND 2009.—In fiscal years 2008 and 2009— INCOME.—The amount of the credit allowed No refund or credit shall be made or allowed ‘‘(i) amounts made available to any urban- by subsection (a) (determined without regard under this subsection after December 31, ized area under clause (i) or (ii) of subpara- to this subsection and subsection (f)) shall be 2008. graph (A) shall be not more than 50 percent reduced (but not below zero) by 5 percent of ‘‘(4) NO INTEREST.—No interest shall be al- of the amount apportioned in fiscal year 2002 so much of the taxpayer’s adjusted gross in- lowed on any overpayment attributable to to the urbanized area with a population of come as exceeds $75,000 ($150,000 in the case this section. less than 200,000, as determined in the 1990 of a joint return). ‘‘(h) IDENTIFICATION NUMBER REQUIRE- ‘‘(e) DEFINITIONS.—For purposes of this sec- decennial census of population; MENT.— tion— ‘‘(ii) amounts made available to any urban- ‘‘(1) IN GENERAL.—No credit shall be al- ‘‘(1) NET INCOME TAX LIABILITY.—The term ized area under subparagraph (A)(iii) shall be lowed under subsection (a) to an eligible in- ‘net income tax liability’ means the excess not more than 50 percent of the amount ap- dividual who does not include on the return of— portioned to the urbanized area under this of tax for the taxable year— ‘‘(A) the sum of the taxpayer’s regular tax section for fiscal year 2003; and ‘‘(A) such individual’s valid identification liability (within the meaning of section ‘‘(iii) each portion of any area not des- number, 26(b)) and the tax imposed by section 55 for ignated as an urbanized area, as determined ‘‘(B) in the case of a joint return, the valid the taxable year, over by the 1990 decennial census, and eligible to identification number of such individual’s ‘‘(B) the credits allowed by part IV (other receive funds under subparagraph (A)(iv), spouse, and than section 24 and subpart C thereof) of sub- shall receive an amount of funds to carry out ‘‘(C) in the case of any qualifying child chapter A of chapter 1. this section that is not less than 50 percent taken into account under subsection ‘‘(2) ELIGIBLE INDIVIDUAL.—The term ‘eligi- of the amount the portion of the area re- (b)(1)(B), the valid identification number of ble individual’ means any individual other ceived under section 5311 in fiscal year such qualifying child. than— 2002.’’. ‘‘(2) VALID IDENTIFICATION NUMBER.—For ‘‘(A) any nonresident alien individual, purposes of paragraph (1), the term ‘valid ‘‘(B) any individual with respect to whom a identification number’ means a social secu- SA 4008. Mr. MCCONNELL (for him- deduction under section 151 is allowable to rity number issued to an individual by the self, Mr. STEVENS, Mr. ROBERTS, Mr. another taxpayer for a taxable year begin- Social Security Administration. Such term BOND, Mr. BROWNBACK, Mr. BUNNING, ning in the calendar year in which the indi- shall not include a TIN issued by the Inter- Mr. CORNYN, Mr. HATCH, Mr. SUNUNU, vidual’s taxable year begins, and nal Revenue Service. Mr. ALEXANDER, Mr. BURR, Mr. ‘‘(C) an estate or trust. ‘‘(i) COORDINATION WITH DEFICIENCY PROCE- ISAKSON, Mr. VITTER, Mr. THUNE, Mr. ‘‘(3) QUALIFYING INCOME.—The term ‘quali- DURES.—For purposes of sections 6211(b)(4)(A) CHAMBLISS, Mr. KYL, Mr. GRAHAM, Mr. fying income’ means— and 6213(g)(2)(F), any reference to section 32 shall be treated as including a reference to CRAIG, and Mr. CRAPO) submitted an ‘‘(A) earned income, this section.’’. amendment intended to be proposed by ‘‘(B) social security benefits (within the meaning of section 86(d)), and (b) TREATMENT OF POSSESSIONS.— him to the bill H.R. 5140, to provide ‘‘(C) any compensation or pension received (1) MIRROR CODE POSSESSION.—The Sec- economic stimulus through recovery under chapter 11, chapter 13, or chapter 15 of retary of the Treasury shall make a payment rebates to individuals, incentives for title 38, United States Code. to each possession of the United States with business investment, and an increase in ‘‘(4) EARNED INCOME.—The term ‘earned in- a mirror code tax system in an amount equal conforming and FHA loan limits; which come’ has the meaning set forth in section to the loss to that possession by reason of was ordered to lie on the table; as fol- 32(c)(2) except that— the amendments made by this section. Such amount shall be determined by the Secretary lows: ‘‘(A) subclause (II) of subparagraph (B)(vi) thereof shall be applied by substituting ‘Jan- of the Treasury based on information pro- Beginning on page 2, strike line 4 and all uary 1, 2009’ for ‘January 1, 2008’, and vided by the government of the respective that follows through page 10, line 20, and in- ‘‘(B) such term shall not include net earn- possession. sert the following: ings from self-employment which are not (2) OTHER POSSESSIONS.—The Secretary of SEC. 101. 2008 RECOVERY REBATES FOR INDIVID- taken into account in computing taxable in- the Treasury shall make a payment to each UALS. come. possession of the United States which does (a) IN GENERAL.—Section 6428 of the Inter- ‘‘(5) BASIC STANDARD DEDUCTION; EXEMPTION not have a mirror code tax system in an nal Revenue Code of 1986 is amended to read AMOUNT.—The terms ‘basic standard deduc- amount estimated by the Secretary of the as follows: tion’ and ‘exemption amount’ shall have the Treasury as being equal to the aggregate ‘‘SEC. 6428. 2008 RECOVERY REBATES FOR INDI- same respective meanings as when used in benefits that would have been provided to VIDUALS. section 6012(a). residents of such possession by reason of the ‘‘(a) IN GENERAL.—In the case of an eligible ‘‘(f) COORDINATION WITH ADVANCE REFUNDS amendments made by this section if a mirror individual, there shall be allowed as a credit OF CREDIT.— code tax system had been in effect in such against the tax imposed by subtitle A for the ‘‘(1) IN GENERAL.—The amount of credit possession. The preceding sentence shall not first taxable year beginning in 2008 an which would (but for this paragraph) be al- apply with respect to any possession of the amount equal to the lesser of— lowable under this section shall be reduced United States unless such possession has a ‘‘(1) net income tax liability, or (but not below zero) by the aggregate refunds plan, which has been approved by the Sec- ‘‘(2) $600 ($1,200 in the case of a joint re- and credits made or allowed to the taxpayer retary of the Treasury, under which such turn). under subsection (g). Any failure to so re- possession will promptly distribute such pay- ‘‘(b) SPECIAL RULES.— duce the credit shall be treated as arising ment to the residents of such possession. ‘‘(1) IN GENERAL.—In the case of a taxpayer out of a mathematical or clerical error and (3) DEFINITIONS AND SPECIAL RULES.— described in paragraph (2)— assessed according to section 6213(b)(1). (A) POSSESSION OF THE UNITED STATES.—For ‘‘(A) the amount determined under sub- ‘‘(2) JOINT RETURNS.—In the case of a re- purposes of this subsection, the term ‘‘pos- section (a) shall not be less than $300 ($600 in fund or credit made or allowed under sub- session of the United States’’ includes the the case of a joint return), and section (g) with respect to a joint return, Commonwealth of Puerto Rico and the Com- ‘‘(B) the amount determined under sub- half of such refund or credit shall be treated monwealth of the Northern Mariana Islands. section (a) (after the application of subpara- as having been made or allowed to each indi- (B) MIRROR CODE TAX SYSTEM.—For pur- graph (A)) shall be increased by the product vidual filing such return. poses of this subsection, the term ‘‘mirror of $300 multiplied by the number of quali- ‘‘(g) ADVANCE REFUNDS AND CREDITS.— code tax system’’ means, with respect to any fying children (within the meaning of sec- ‘‘(1) IN GENERAL.—Each individual who was possession of the United States, the income tion 24(c)) of the taxpayer. an eligible individual for such individual’s tax system of such possession if the income

VerDate Aug 31 2005 03:34 Feb 07, 2008 Jkt 069060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A06FE6.052 S06FEPT1 smartinez on PRODPC61 with SENATE S750 CONGRESSIONAL RECORD — SENATE February 6, 2008 tax liability of the residents of such posses- on armed services be authorized to Senate on Wednesday, February 6, 2008, sion under such system is determined by ref- meet during the session of the Senate at 9:30 a.m. in order to hold a hearing erence to the income tax laws of the United on Wednesday, February 6, 2008, at 9:30 on denuclearization of the Korean pe- States as if such possession were the United States. a.m. in open session to receive testi- ninsula. (C) TREATMENT OF PAYMENTS.—For pur- mony on the defense authorization re- The PRESIDING OFFICER. Without poses of section 1324(b)(2) of title 31, United quest for fiscal year 2009, the Future objection, it is so ordered. States Code, the payments under this sub- Years Defense Program, and the fiscal COMMITTEE ON FOREIGN RELATIONS section shall be treated in the same manner year 2009 request for operations in Iraq Mr. DURBIN. Mr. President, I ask as a refund due from the credit allowed and Afghanistan. unanimous consent that the Com- under section 6428 of the Internal Revenue The PRESIDING OFFICER. Without mittee on Foreign Relations be author- Code of 1986 (as added by this section). objection, it is so ordered. (c) APPROPRIATIONS TO CARRY OUT RECOV- ized to meet during the session of the ERY REBATES.— COMMITTEE ON ENERGY AND NATURAL Senate on Wednesday, February 6, 2008, (1) IN GENERAL.—The following sums are RESOURCES at 1 p.m. in order to hold a nomination hereby appropriated, out of any money in Mr. DURBIN. Mr. President, I ask hearing. the Treasury not otherwise appropriated, for unanimous consent that the Com- The PRESIDING OFFICER. Without the fiscal year ending September 30, 2008, to mittee on Energy and Natural Re- objection, it is so ordered. implement the provisions of this section (in- sources be authorized to meet during cluding the amendments made by this sec- COMMITTEE ON FOREIGN RELATIONS tion): the session of the Senate on Wednes- Mr. DURBIN. Mr. President, I ask (A) For an additional amount for ‘‘Depart- day, February 6, 2008, at 10 a.m., in unanimous consent that the Com- ment of the Treasury—Financial Manage- room SD–366 of the Dirksen Senate Of- mittee on Foreign Relations be author- ment Service—Salaries and Expenses’’, fice Building in order to conduct a ized to meet during the session of the $64,175,000, to remain available until Sep- hearing. At this hearing, the Com- tember 30, 2009. Senate on Wednesday, February 6, 2008, mittee will hear testimony regarding at 3 p.m. in order hold a briefing on (B) For an additional amount for ‘‘Depart- Department of Energy’s budget for fis- ment of the Treasury—Internal Revenue Sudan. Service—Taxpayer Services’’, $50,720,000, to cal year 2009. The PRESIDING OFFICER. Without remain available until September 30, 2009. The PRESIDING OFFICER. Without objection, it is so ordered. (C) For an additional amount for ‘‘Depart- objection, it is so ordered. f ment of the Treasury—Internal Revenue COMMITTEE ON ENVIRONMENT AND PUBLIC Service—Operations Support’’, $151,415,000, WORKS PRIVILEGES OF THE FLOOR to remain available until September 30, 2009. Mr. DURBIN. Mr. President, I ask Mr. BAUCUS. Mr. President, I ask (2) REPORTS.—No later than 15 days after unanimous consent that the Com- enactment of this Act, the Secretary of the unanimous consent that the following mittee on Environment and Public Treasury shall submit a plan to the Commit- fellows, interns, and detailees of the Works be authorized to meet during tees on Appropriations of the House of Rep- staff of the Finance Committee be the session of the Senate on Wednes- resentatives and the Senate detailing the ex- granted the privilege of the floor for pected use of the funds provided by this sub- day, February 6, 2008 at 10 a.m. in room the duration of the debate on the eco- section. Beginning 90 days after enactment 406 of the Dirksen Senate Office Build- nomic stimulus bill: Mary Baker, Tom of this Act, the Secretary of the Treasury ing in order to hold a hearing entitled, Louthan, Elise Stein, Susan Hinck, Su- shall submit a quarterly report to the Com- ‘‘Perectives on the Surface Transpor- mittees on Appropriations of the House of zanne Payne, Hy Hinojosa, Connie tation Commission Report.’’ Representatives and the Senate detailing the Cookson, Mollie Lane, Ben Miller, The PRESIDING OFFICER. Without actual expenditure of funds provided by this Emily Schwartz, Tyler Gamble, Blake objection, it is so ordered. subsection and the expected expenditure of Thompson, Michael Bagel, and such funds in the subsequent quarter. COMMITTEE ON ENVIRONMENT AND PUBLIC (d) REFUNDS DISREGARDED IN THE ADMINIS- Kayleigh Brown. WORKS The PRESIDING OFFICER. Without TRATION OF FEDERAL PROGRAMS AND FEDER- Mr. DURBIN. Mr. President, I ask ALLY ASSISTED PROGRAMS.—Any credit or re- objection, it is so ordered. fund allowed or made to any individual by unanimous consent that the Com- The majority leader is recognized. reason of section 6428 of the Internal Rev- mittee on Environment and Public Mr. REID. Mr. President, I ask unan- enue Code of 1986 (as amended by this sec- Works be authorized to meet during imous consent that Jeffry Phan, a fel- tion) or by reason of subsection (b) of this the session of the Senate on Wednes- section shall not be taken into account as in- low in Senator BINGAMAN’s office, be day, February 6, 2008 in room 410 of the given the privileges of the floor for the come and shall not be taken into account as Dirksen Senate Office Building at 10:05 resources for the month of receipt and the pendency of H.R. 5140 and all votes following two months, for purposes of deter- a.m. in order to hold a business meet- thereon. mining the eligibility of such individual or ing to consider the following item: S. The PRESIDING OFFICER. Without any other individual for benefits or assist- 2146, a bill to authorize the Adminis- objection, it is so ordered. ance, or the amount or extent of benefits or trator of the Environmental Protection assistance, under any Federal program or Agency to accept, as part of a settle- f under any State or local program financed in ment, diesel emission reduction Sup- whole or in part with Federal funds. DO-NOT-CALL IMPROVEMENT ACT (e) CONFORMING AMENDMENTS.— plemental Environmental Projects, and OF 2007 for other purposes. (1) Paragraph (2) of section 1324(b) of title Mr. DURBIN. I ask unanimous con- The PRESIDING OFFICER. Without 31, United States Code, is amended by insert- sent that the Commerce Committee be ing ‘‘or 6428’’ after ‘‘section 35’’. objection, it is so ordered. (2) Paragraph (1) of section 1(i) of the In- discharged from further consideration COMMITTEE ON FINANCE of H.R. 3541, and the Senate proceed to ternal Revenue Code of 1986 is amended by Mr. DURBIN. Mr. President, I ask striking subparagraph (D). its immediate consideration. (3) The item relating to section 6428 in the unanimous consent that the Com- The PRESIDING OFFICER. Without table of sections for subchapter B of chapter mittee on Finance be authorized to objection, it is so ordered. 65 of such Code is amended to read as fol- meet during the session of the Senate The clerk will report the bill by title. lows: on Wednesday, February 6, 2008, at 10 The legislative clerk read as follows: a.m., in room 215 of the Dirksen Senate ‘‘Sec. 6428. 2008 recovery rebates for individ- A bill (H.R. 3541) to amend the ‘‘Do-not- uals.’’. Office Building, in order to hear testi- call’’ Implementation Act to eliminate the SEC. 102. TEMPORARY INCREASE IN LIMITATIONS mony on ‘‘The President’s Fiscal Year automatic removal of telephone numbers ON EXPENSING OF CERTAIN DEPRE- 2009 Budget Proposal.’’ registered on the Federal ‘‘do-not-call’’ reg- CIABLE BUSINESS ASSETS. The PRESIDING OFFICER. Without istry. f objection, it is so ordered. There being no objection, the Senate AUTHORITY FOR COMMITTEES TO COMMITTEE ON FOREIGN RELATIONS proceeded to consider the bill. MEET Mr. DURBIN. Mr. President, I ask Mr. DURBIN. I ask unanimous con- COMMITTEE ON ARMED SERVICES unanimous consent that the Com- sent that the bill be read a third time, Mr. DURBIN. Mr. President, I ask mittee on Foreign Relations be author- passed, the motion to reconsider be unanimous consent that the committee ized to meet during the session of the laid upon the table with no intervening

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Organization on October 19, 2005. under the previous order. f The United States supported the de- velopment of the Convention as a There being no objection, the Senate, MEASURE READ THE FIRST means to ensure equitable and effective at 7:32 p.m., recessed until Thursday, TIME—S. 2596 application and promotion of anti- February 7, 2008, at 10:30 a.m. Mr. DURBIN. I understand there is a doping controls in international com- bill at the desk, and I ask for its first petition. The Convention will help to f reading. advance international cooperation on The PRESIDING OFFICER. The and promotion of international doping NOMINATIONS clerk will report. control efforts, and will help to protect The legislative clerk read as follows: the integrity and spirit of sport by sup- Executive nominations received by A bill (S. 2596) to rescind funds appro- porting efforts to ensure a fair and the Senate: priated by the Consolidated Appropriations doping-free environment for athletes. Act of 2008 for the City of Berkeley, Cali- The International Olympic Move- DEPARTMENT OF HOUSING AND URBAN fornia, and any entities located in such city, DEVELOPMENT and to provide that such funds shall be trans- ment has been supportive of the pro- motion and adoption of this Conven- SUSAN D. PEPPLER, OF CALIFORNIA, TO BE AN ASSIST- ferred to the Operation and Maintenance, ANT SECRETARY OF HOUSING AND URBAN DEVELOP- Marine Corps account of the Department of tion by the international community. MENT, VICE PAMELA HUGHES PATENAUDE. Defense for the purposes of recruiting. Ratification by the United States will DEPARTMENT OF STATE Mr. DURBIN. I now ask for its second demonstrate the United States’ long- LINDA THOMAS-GREENFIELD, OF LOUISIANA, A CA- reading and, in order to place the bill standing commitment to the develop- REER MEMBER OF THE SENIOR FOREIGN SERVICE, on the calendar under the provisions of ment of international anti-doping con- CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR trols and its commitment to apply and EXTRAORDINARY AND PLENIPOTENTIARY OF THE rule XIV, I object to my own request. UNITED STATES OF AMERICA TO THE REPUBLIC OF LIBE- The PRESIDING OFFICER. Objec- facilitate the application of appro- RIA. tion is heard. priate anti-doping controls during The bill will receive its second read- international competitions held in the FOREIGN SERVICE ing on the next legislative day. United States. Ratification will also THE FOLLOWING-NAMED CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF AG- f ensure that the United States will con- RICULTURE FOR PROMOTION WITHIN AND INTO THE SEN- tinue to remain eligible to host inter- IOR FOREIGN SERVICE TO THE CLASSES INDICATED: REMOVAL OF INJUNCTION OF SE- national competitions. The Convention CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, CRECY—TREATY DOCUMENT NO. CLASS OF CAREER MINISTER: does not cover U.S. sports leagues. 110–14 I recommend that the Senate give ALLAN P. MUSTARD, OF WASHINGTON CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, Mr. DURBIN. Mr. President, as in ex- prompt and favorable consideration to CLASS OF MINISTER-COUNSELOR: ecutive session, I ask unanimous con- the Convention and give its advice and NICHOLAS E. GUTIERREZ, OF TEXAS sent that the Injunction of Secrecy be consent to ratification. LLOYD S. HARBERT, OF VIRGINIA removed from the following treaty GEORGE W. BUSH. ROSS GLANTON KREAMER, OF KENTUCKY KENT D. SISSON, OF IDAHO transmitted to the Senate on February THE WHITE HOUSE, February 6, 2008. ROBIN TILSWORTH, OF CALIFORNIA 6, 2008 by the President of the United f CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, States: International Convention CLASS OF COUNSELOR: ORDERS FOR THURSDAY, Against Doping in Sport (Treaty Docu- W. QUINTIN GRAY, OF NORTH CAROLINA FEBRUARY 7, 2008 JONATHAN P. GRESSEL, OF FLORIDA ment No. 110–14). JEFFREY A. HESSE, OF VIRGINIA I further ask unanimous consent that Mr. DURBIN. Mr. President, I ask JAMES JOSEPH HIGGISTON, OF NEW YORK the treaty be considered as having been unanimous consent that when the Sen- ROBERT K. HOFF, OF CALIFORNIA S. RODRICK MCSHERRY, OF NEW MEXICO read the first time, that it be referred, ate completes its business today, it DALE L. MAKI, OF TEXAS with accompanying papers, to the Com- stand in recess until 10:30 a.m., tomor- DAVID C. MILLER, OF WASHINGTON OSVALDO E. PEREZ-RAMOS, OF THE DISTRICT OF COLUM- mittee on Foreign Relations and or- row, February 7; that following the BIA dered to be printed, and that the Presi- prayer and pledge, the Journal of pro- SUSAN R. SCHAYES, OF VIRGINIA DAVID GOODSON SALMON, OF MISSOURI dent’s message be printed in the ceedings be approved to date, the time KEVIN N. SMITH, OF ILLINOIS RECORD. for the two leaders be reserved for their The PRESIDING OFFICER. Without use later in the day, and that the ma- DEPARTMENT OF JUSTICE objection, it is so ordered. jority leader then be recognized. RALPH E. MARTINEZ, OF FLORIDA, TO BE A MEMBER OF THE FOREIGN CLAIMS SETTLEMENT COMMISSION OF The message of the President is as The PRESIDING OFFICER. Without THE UNITED STATES FOR A TERM EXPIRING SEPTEMBER follows: objection, it is so ordered. 30, 2010, VICE LARAMIE FAITH MCNAMARA.

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