June 26, 2008 CONGRESSIONAL RECORD — SENATE S6177 behind this request I have, as is the year finally passed, we put the intel- We believe this new bill we are con- AARP, the AMA, and many support ligence community back in the busi- sidering, H.R. 6304, which passed the groups around the country. That is now ness of intercepting critical intel- House with a strong majority vote of in the RECORD. We put that in the ligence communications from foreign 293 to 129 last Friday, should be passed RECORD yesterday. terrorists talking to each other about here. So this is something we have to do. I possible activities in the United States, As with the Senate’s original FISA would say to my friend, on the 30-day or against our troops and our allies bill passed several months ago, the extension, I understand the seriousness elsewhere, and obviously any of those compromise that is before us required a of his proposal. I have said many times who were threatening the United little give-and-take from all sides. But, on this floor, I will not repeat it in de- States. in essence, what we have before us tail, I have the greatest respect for the I can tell you, without going into de- today is basically the Senate bill all distinguished Senator from New Hamp- tail, that the foreign intelligence col- over again. shire. But it is my understanding that lection from these has been about the I am aware that some on the far left there has been an objection to my pro- most valuable piece of information we wish to paint this as some radical new posal, and he will go ahead and offer have with respect to terrorist intent. legislation. But if you read the lan- the 30-day extension, to which I will So I appreciate the fact that this body guage, it is not different. The press object. is ready to move forward. picked up on this straight away last I will be happy to seriously consider I hope we will have a way forward to week and kept asking me to help them it but not too seriously. get it done by the time we leave for the find the purported ‘‘big changes’’ in Mr. GREGG. Mr. President, I ask Fourth of July recess. It is critical we this bill that no one can find. I have unanimous consent that the Senate get this done promptly. If we go into not been much help to them because proceed to the consideration of a 30-day late July or even into August without the answer is, there is not much that is Medicare extension that is at the desk; getting it done, serious consequences significantly different, save some cos- that it be read a third time and passed; will start to impact our ability to col- metic fixes that were requested by the that the motion to reconsider be laid lect intelligence. majority party in the House. For example, I am pleased that the upon the table. Again, I thank our minority leader, strong retroactive liability protections I think the point is, there are serious Senator MCCONNELL, for his kind that the Senate bill offered are still in reservations on our side of the aisle, words, especially about my very capa- place, and our vital intelligence and I think legitimately other places, ble staff who have worked very hard, not only to help put this bill together, sources and methods will be safe- on the way the House has handled ele- guarded. I am pleased this compromise ments of the Medicare system in this but we have briefed Members of both sides of the aisle, their staffs. We have preserves the ability of the intelligence bill and that is to undermine the abil- community to collect foreign intel- ity of many seniors to participate in spent a lot of time doing that. Of course, as I outlined yesterday, we ligence quickly and in exigent cir- what is known as Medicare Advantage. cumstances without any prior court re- We think there is a better way to do spent a very long 21⁄2 months working with the House. As I indicated, the bill view. it. We think the Senate can do a better I am also pleased the 2012 sunset, 3 this body passed, the FISA amend- job of this bill, and we think 30 days to years longer than the sunset previously ments, we passed 68 to 29 in February work on it makes some sense. offered in any House bill, will give our with the good, strong support of the The ACTING PRESIDENT pro tem- intelligence collectors and those par- chairman of the committee, Senator pore. Is there objection? ties we need to have cooperate with us ROCKEFELLER. We worked on a bipar- Mr. REID. I object. the certainty they need in the tools tisan basis. We worked with and lis- The ACTING PRESIDENT pro tem- they use to keep us safe. pore. Objection is heard. tened to the intelligence community to I am confident the few changes we do several things that were critical. f made to the Senate bill in H.R. 6304 No. 1, we wished to make sure there will in no way diminish the intel- RESERVATION OF LEADER TIME was protection for the privacy and con- ligence community’s ability to target The ACTING PRESIDENT pro tem- stitutional rights of Americans and terrorists overseas, and the Director of pore. Under the previous order, the U.S. persons here and abroad. For the National Intelligence and the Attorney leadership time is reserved. first time, we included that. We also General agreed. That had to be the needed to protect the telephone compa- f test. They worked with us. They made nies or carriers who have participated compromises. When we had a proposal FISA AMENDMENTS ACT OF 2008— in the terrorist surveillance program MOTION TO PROCEED for additional protections for Ameri- under the lawful orders issued by the cans, they agreed. But we had to work The ACTING PRESIDENT pro tem- President, under his constitutional au- out the language to make sure we pro- pore. Under the previous order, the thority in article II, an act in good vided protections without destroying Senate will resume consideration of faith by those carriers. the basic integrity of the bill. the motion to proceed to H.R. 6304, We provided that immunity, or retro- I believe we did that. We did that which the clerk will report. active liability protection, more accu- with the Senate bill, and we did it The legislative clerk read as follows: rately, that was critical to ensuring again with the minor changes the Motion to proceed to Calendar No. 827, that they can continue to participate. House wanted to make. H.R. 6304, an Act to amend the Foreign Intel- They are loyal American citizens, and Let me address, for the time being, ligence Surveillance Act of 1978 to establish they wanted to be able to help. But the banner issue of the legislation, a procedure for authorizing certain acquisi- when frivolous lawsuits, seeking bil- which is Congress’s affirmation that tions of foreign intelligence, and for other lions of dollars in damages, are filed the telecom providers that may have purposes. against them, whether they partici- assisted the Government after 9/11 The Senator from Missouri is recog- pated or not, and there is no assurance should have the frivolous lawsuits nized. that any telephone company so sued against them dismissed. Mr. BOND. Mr. President, I thank has participated. They cannot use a de- I am confident in the standard of re- our leaders for getting us on this very fense that they did not participate. view in title II of the bill on which we important bill. They have to have protection. agreed with Congressman HOYER and As we have discussed before, the fail- We built in that protection in a way Congressman BLUNT, his counterpart in ure to modernize and authorize the that was acceptable to both sides in the House, namely, a ‘‘substantial evi- Foreign Intelligence Surveillance Act this body in the FISA amendments and dence’’ standard, which will ensure last summer has caused serious gaps in also satisfied the concerns of the ma- that those companies that assisted the our intelligence capability. jority party in the House, which, as Government following the September When the Protect America Act that Leader MCCONNELL said, had the votes, 11 terrorist attacks obtain the civil was introduced by our Republican lead- if they had wished to pass our FISA retroactive liability protection they er, Senator MCCONNELL, and me last amendments. deserve.

VerDate Aug 31 2005 03:32 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.009 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6178 CONGRESSIONAL RECORD — SENATE June 26, 2008 Unlike the amendment we defeated tion. Having reviewed the underlying best possible product we can produce in the Senate that asked for the court authorities, the certifications, as one that has already gained an over- to determine whether the providers who has practiced a little bit of law in whelming bipartisan majority in the acted in ‘‘good faith,’’ we affirm in this this area, I can tell you there is no way House. I hope it will also get the same legislation, as we did in the previous they could or should be held liable for kind of response in the Senate. Senate bill, that the providers did act any monetary damages, much less the Our intelligence community deserves in good faith, and that the lawsuits billions of dollars irrationally re- it. The citizens of the United States de- shall be dismissed unless the judge quested in the lawsuits. serve not only their rights protected, finds that the Attorney General’s ac- What these lawsuits do is seek to un- but they need and deserve the protec- tions were not ‘‘supported by substan- dermine our program by laying out tion this act will give them from fur- tial evidence.’’ who participates in it. By getting at ther attacks like 9/11. The focus is on the Attorney Gen- the details of the program, we would Mr. President, I do not see anyone eral’s certification to the court, not provide those who seek to do us harm seeking the floor, so I suggest the ab- the actions of the providers. We know with information on how we collect the sence of a quorum. the providers operated in good faith, information on them that is needed to The ACTING PRESIDENT pro tem- and they deserve liability protection. prevent their attacks. Just as impor- pore. The clerk will call the roll. We are allowing, however, the court to tant, bringing them, dragging them The assistant legislative clerk pro- review the Attorney General’s role in through the mud of trials in court ceeded to call the roll. Mr. GRAHAM. Mr. President, I ask that. would simply assure that their busi- unanimous consent that the order for Another way to describe it is that we ness reputation would be severely dam- have essentially provided the district the quorum call be rescinded. aged in the United States and poten- The ACTING PRESIDENT pro tem- court with an appellate standard of re- tially obliterated abroad. In addition, pore. Without objection, it is so or- view, just as we did in the Senate bill. there is a real likelihood that terrorist dered. Congress affirms in this legislation activities or other extremists would Mr. GRAHAM. Mr. President, if I that the lawsuits will be dismissed, but turn on and attack their property or could, I would like to be recognized for then we give the district court an op- even their personnel. 15 minutes to speak on the FISA legis- portunity to change that outcome if I believe seeking to strip liability lation. the judge determines the Attorney protection is void of any mature under- The ACTING PRESIDENT pro tem- General’s certification was not sup- standing of the threats this Nation pore. Without objection, it is so or- ported by ‘‘substantial evidence’’ based faces. That sort of shortsighted pan- dered. on the information the Attorney Gen- dering to far-left political interest Mr. GRAHAM. Mr. President, the eral will provide to the court. So the groups endangers our citizens and pays Senate is taking up a matter that I intent of Congress is clear: the compa- back patriotic service with politically think is very important to the Amer- nies deserve liability protections. That motivated penalty. ican people and our national security, principle has been approved over- I do not join with those who want to and that is to pass the compromise whelmingly on a bipartisan basis in treat those who responded to our call reached by the House and the adminis- both the Senate when we adopted our for help with disregard and disrespect. tration regarding the FISA program. bill in February and the House when it I thank the providers for responding to I want to briefly lay out my view of adopted its bill last Friday. the call, and I will join many others in how the law works in this area. The Also, there are clear limits on what passing this legislation who will be initial approach by the Bush adminis- documents the court may review and thanking them with their vote on this tration that there was no requirement the extent to which parties may par- important national security legisla- to comply with the FISA statute, the ticipate in legal arguments. Because of tion. Foreign Intelligence Surveillance Act, these important limitations, I am con- For those who want to challenge the because of inherent authority of the fident that neither the standard of re- program, note that we did not ban civil Executive in a time of war I didn’t view nor the court processes will jeop- suits against the Government or agree with, quite frankly. The idea ardize liability protections or our in- against any officer of the Government. that an American would be travailed telligence sources and methods. Thus, And criminal suits—if there are any by an agency of our Government if that Congress is again positively reaffirm- criminal penalties—are not banned. American citizen was suspected of ing that these companies should have They could be instituted by the appro- being involved with the enemy—a fifth the lawsuits dismissed. priate jurisdictions with law enforce- column movement, for lack of a better Mr. President, for the record, I thank ment responsibility. term—and there would be no court re- publicly these providers—and they So, Mr. President, there are lots of view was unacceptable to me. know who they are—who came to our other points to consider, and when we If an American citizen is suspected of Nation’s defense in a time of national get on the bill I will be happy to join in collaborating with the enemy, I think peril. Thank you for ensuring that our discussing any further questions that there is a requirement for the Govern- Government could keep Americans are raised. ment to have its homework checked, safe. Thank you for withstanding years Again, I thank my staff, I thank Sen- have a judge authorize further surveil- of frivolous lawsuits that you did not ator ROCKEFELLER and his team for lance in a kind of balanced approach. deserve. But, unfortunately, that has having passed the FISA bill. I am very Once there is a reasonable belief that been your penalty for your patriotism. grateful to Mr. HOYER, the majority an American citizen may be involved You are a big factor in why America leader in the House, whose efforts were with enemy forces, that becomes a has not been hit with another terrorist essential to passing this bill and bring- crime of treason, potentially. attack since September 11, 2001. You ing it to us. We have thanks also for I do think it is appropriate for Con- helped keep us safe for nearly 7 years the ranking member of the House In- gress to pass a statute that would say since that terrible day, and you did so telligence Committee, PETER HOEK- when an American citizen is suspected without legal relief. I thank you, and STRA, who worked with us day in and of being involved with an enemy force, those who stand with me today thank day out on all of the changes that were taking up arms against the United you. The least we can do in Congress is requested. LAMAR SMITH, the ranking States—uniformed or not—the FISA to provide you with the legal protec- member of the House Judiciary Com- statute applies. The inherent authority tions you so rightly deserve. mittee, he and his staff and his team of the Executive to conduct surveil- Now, some Senators would like to worked with us throughout. lance in a time of war is limited, or can strip the providers’ civil liability pro- We have before us not a perfect piece be limited by the other branches of tections in the bill. Some believe the of legislation—I do not think on this Government. thanks these providers deserve should Earth we will ever see a perfect piece Having said that, this idea that at a come in the form of billions of dollars of legislation. But for the challenges time of war you need a warrant to sur- of penalties through frivolous lawsuits we had to go through and the com- veil the enemy, when no American cit- that threaten their business reputa- promises we had to make, this is the izen is involved, is crazy. We have

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.011 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6179 never in any other war gone to a judge phone call, and we need assistance good thing. Our Government was try- and said: We are listening to enemy from the telecom companies to be able ing to find out what enemies of this forces—for instance, two suspected to track the technology that exists Nation were up to before it was too members of al-Qaida, non-American today that is being used by the enemies late. citizens—and we need a warrant. You of the country. We have had a lot of warnings in the don’t need that. That is inherent in the The idea that somebody would want past that were ignored. How many ability to conduct military operations, to sue them because they broke the times do we have to deal with this ter- to monitor the enemy. law, after they have been told by the rorist problem through the law en- Those who want to basically crim- Department of Justice and the Attor- forcement model to only wake up and inalize the war, I disagree in equal ney General their help was needed and find out that we were wrong? The law measure. We are at war, and there is an it was lawful for them to help, misses enforcement model will not work. The effort by our intelligence agencies out the point. law enforcement model punishes people there to monitor phone calls and other What are we trying to do as a coun- after they commit the crime. We are at electronic communications of a very try? Are we trying to avoid the fact war. Our goal is to keep them from at- vicious enemy that is intent on attack- that we are at war by talking about tacking us. The military model is the ing us again. That program has been lawsuits that undermine the ability of one we should pursue. In every other shut down because of this dispute. our country to protect itself? I am very war, the private sector itself has helped We have finally found a compromise much for civil liberties. I don’t want the Government defeat the enemies of which would allow the program to any American, as I said before, to be this country. move forward, protecting American followed by an agency of our Govern- When Senator OBAMA says he would citizens who may be suspected of being ment, suspecting they are cooperating like this provision taken out of the involved with enemy forces, and also with al-Qaida or another terrorist bill—protection for telecommuni- allowing the Commander in Chief and group, and not have the Government’s cations companies from lawsuits—that our military intelligence community work looked at by a judge. I would not he would like that taken out of the to aggressively monitor networks out want that to happen to anybody. If you bill, what he is telling the Senate, the there that wish us harm. In this global think anybody who is an American cit- House, and the country is that this world in which we live, the technology izen is helping the enemy, you ought to deal will fall apart. If we took this pro- that is available to the enemy is dif- be able to go to a judge and get a war- vision out, there would be no deal. Peo- ferent than it was in 1978. So we have rant. But this idea of having the Amer- ple like me would not allow this proc- modernized FISA and made it possible ican telecommunications companies, ess to go forward—and we had to give for our intelligence community to be which were cooperating with the Gov- some. There was a give on the part of able to keep up with the different tech- ernment in a fashion to help our forces the administration and people like my- nologies that enemy forces may be and our intelligence community stay self. There are some programs that I using to communicate. ahead of an enemy, be subject to a civil think are inherent to fighting the war I can assure the American people lawsuit is riduculous. That is not the that now have to be reviewed by the that this program has been of enor- appropriate remedy. court. But that was a compromise. mous benefit, the terrorist surveillance If we allow these companies who have So for Senator OBAMA to come and program. It has allowed us to stay been asked by their Government, say that he would take this provision ahead of enemy activity, and with ter- through the chief law enforcement offi- out is saying that he does not believe rorism you do not deter them by cer of the land, to participate in the in a bipartisan deal on the subject mat- threatening them with death. That is program—if we ask them to participate ter in question. The left has gone nuts something they welcome. Other en- and then sue them, who is going to over there—the hard left. They think emies in the past have been deterred help us in the future? This is pretty this is totally unacceptable. So, appar- from attacking America because they basic stuff for me. If we do not protect ently, he is going to tell them: I don’t know an overwhelming response will these companies from lawsuits that are support this. I am sure that is what come their way. In the Cold War, it was existing out there, when they were they want to hear. But I say to my col- called mutually assured destruction. willing to help the Government—if we league, deals require giving and taking. With terrorist organizations that don’t give them protection, nobody in It requires sometimes telling your would gladly forfeit the lives of men- the future is going to come and help us. friends what they don’t want to hear. tally handicapped young people, and We need all the help we can get. We This is an example, in my opinion, of others, you have no idea what they are need help from banks, telecommuni- trying to tell your friends what they up to, and you just try to isolate them cations companies, and we need help want to hear and positioning yourself the best you can. Finding out what from all kinds of different corners of in a way to look good with the public they are up to and following their the private sector to beat this enemy. in general. movements is essential because you We are all in it together. That is not leadership. Leadership re- have to preempt them before they are The terrorists use banks to funnel quires the common good to trump spe- able to attack. money. Well, the banks can help us if cial interests. It requires political lead- We have a compromise that has come we suspect that an account exists that ers to turn to their allies at times and from the House to the Senate that I is being used by a terrorist organiza- say: No, your suggestion cannot win can live with. The sticking point was tion. We should be able to track that the day because if I give you what you the role our telecommunications com- down. We are all in this together. are insisting on having, there will be panies played in the terrorist surveil- The private sector plays a role in the no movement forward. lance program. It is my understanding war on terrorism. Every citizen can Senator OBAMA is willing to give the that the Attorney General—the chief play a role in the war on terrorism by left what they want. The consequence law enforcement officer of the land— being vigilant. We finally reached a of that would be that the deal would and the Department of Justice gave a deal that would allow the program to fall apart because many people like me letter to the telecom companies in- be reauthorized, protecting civil lib- believe if you allow these companies to volved, saying: Your cooperation with erty and telling the telecommuni- be sued for helping their country, then our intelligence communities and mili- cations companies that helped us: You nobody will come forward in the future tary surveillance program is legal and are not going to get sued. to help their country from the private appropriate, and we need your help be- To my dear friend, Senator SPEC- sector. cause a phone call made in Afghani- TER—his solution is to let the lawsuits In this war, we are going to need sup- stan, because of the global economy in come forward but shield the companies port from the private sector, not only which we live, may be routed through by having the Government take legal in telecommunications but in banking an American system here, and the two responsibility and be subject to being and other areas. So I hope the amend- people talking are not citizens, but sued. That is not the right answer ei- ment to strike the retroactive immu- there may be a telecommunications in- ther. Our Government wasn’t doing a nity for telecommunications compa- volvement in terms of routing of the bad thing. Our Government was doing a nies will be defeated because, if it is

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.012 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6180 CONGRESSIONAL RECORD — SENATE June 26, 2008 passed, the deal fails, the movement Gates so he can tell me how the Pen- was even capable of refueling our mili- forward stops, and America is harmed. tagon plans to respond. I will make it tary’s aircraft by the books. I am here to support the deal. clear that the Air Force cannot go for- These are serious findings. No matter Understand that I didn’t get all I ward with this contract and that I ex- how one looks at it, this competition wanted, but America will be safer if we pect it to follow the GAO’s rec- was anything but transparent. Even can get this program reauthorized. Our ommendations. The Air Force must re- though the Air Force declared its con- civil liberties will be better protected, turn to the original request for the pro- test was fair, it appears it had its and the ability to understand what our posal, rebid the contract, and get this thumb on the scales for Airbus all enemies are up to will be greatly en- right. along. hanced. Every day that we move for- The difference between what the Air But the last findings could be the ward as a nation with this program Force said about the acquisition proc- most damaging of all of them. If Airbus being compromised is a day that the ess and the GAO’s findings are star- cannot actually prove its tanker can do enemy has an advantage over us. We tling. the job or that it will fulfill its obliga- know what happens if this enemy is On February 29, Sue Payton, who is tions, how can it possibly be awarded not dealt with firmly and quickly. the Air Force’s Assistant Secretary for that contract? They are lethal, they are committed, Acquisition, said at a DOD news brief- Today the Air Force is contem- and they will do anything to harm our ing: plating what to do next. As I said, I way of life. We have been extremely open and trans- think the answer is clear. This con- We have an opportunity to come to- parent. We have had a very thorough review tract should be rebid. I agree with gether as Republicans and Democrats of what we’re doing. We’ve got it nailed. those who have said we need to get and move forward on a surveillance A week later, she told the House Ap- these planes into the hands of our air program that is vital to our national propriations Subcommittee on Defense: men and women as fast as possible. I represent Fairchild Air Force Base in security, and those who want to undo The Air Force followed a carefully struc- this deal because of special interest tured source selection process, designed to Washington State. Those air men and pressure are not exercising the leader- provide transparency, maintain integrity, women fly those refueling tankers. I ship the American people need in a and ensure a fair competition. know how important this decision is to time of war. And throughout the last 4 months, them. With that, I yield the floor. Air Force officials have insisted that This was not an acceptable acquisi- The PRESIDING OFFICER (Mr. they selected the cheapest plane that tion process, and it would be uncon- scionable to go forward with this selec- BROWN). The Senator from Washington best met their criteria and that they is recognized. made no mistakes. tion without first addressing the ques- Mrs. MURRAY. Mr. President, I ask The GAO’s decision paints a very dif- tions that were raised by the GAO’s de- unanimous consent to speak as in ferent picture of the contest and, as I cision. In order to do that, we must morning business for 10 minutes and said, it raises serious questions about have a competition that is not over- that the time be counted against the how the Air Force conducted this com- shadowed by questions of ethics or bill. petition. The GAO found the Air Force competence, and we have to get the The PRESIDING OFFICER. Without made a number of errors that unfairly right plane. These tankers we are talking about objection, it is so ordered. helped Airbus and hurt Boeing. The refuel planes and aircraft from every REFUELING TANKERS GAO found that the Air Force changed single branch of our military. They are Mrs. MURRAY. Mr. President, 4 direction midstream about which cri- the backbone of our global military months ago when the Air Force an- teria were more important. It did not strength. We need a competition where nounced that Airbus, not Boeing, give Boeing credit for providing a more the criteria are clear, where the par- would supply the next generation of capable plane according to the Air ticipants can earn credit that is spelled aerial refueling tankers, Air Force ac- Force description of what it wanted. out in the contract and there is no quisition officials declared that the Yet it gave Airbus extra credit for of- extra credit that is awarded unfairly, contest had been fair, open, and trans- fering amenities for which it did not and we need a fair evaluation of all the parent. They said they made no mis- even ask. costs. takes, and they boasted that the deci- The GAO found that the Air Force We need to go back and start with a sion could withstand any level of scru- ‘‘treated the firms unequally’’ by help- clean slate, hold a truly transparent tiny. ing Airbus at Boeing’s expense. The competition that does our air men and The Government Accountability Of- GAO found that the Air Force misled women justice. That is what our Amer- fice called all of that into question in a Boeing about whether it had fully met ican taxpayers expect, and our Amer- 67-page decision that shows the Air the requirements in the RFP, all the ican servicemembers deserve nothing Force competition was unfairly skewed while keeping up conversations with less. toward Airbus from the very beginning. Airbus and giving it the correct infor- I yield the floor. I suggest the ab- The decision, responding to Boeing’s mation. sence of a quorum. protest of the Air Force competition, The GAO said the Air Force delib- The PRESIDING OFFICER. The was damning. The GAO described the erately and unreasonably increased clerk will call the roll. contest as ‘‘unreasonable,’’ ‘‘im- Boeing’s estimated costs. When the The bill clerk proceeded to call the proper,’’ and ‘‘misleading.’’ It found mistake was corrected, it was discov- roll. that the Air Force significantly over- ered that the Airbus A330 actually cost Mr. ROCKEFELLER. Mr. President, I estimated the cost of the Boeing tank- tens of millions of dollars more than ask unanimous consent that the order er, that it misled Boeing while helping the Boeing 767. The GAO said the Air for the quorum call be rescinded. Airbus, and that the Air Force selected Force accepted Airbus’s proposals, even The PRESIDING OFFICER. Without Airbus even though the company failed though Airbus could not meet two key objection, it is so ordered. to meet key requirements of the con- contract requirements. First, Airbus Mr. ROCKEFELLER. Mr. President, I tract. It concluded that: refused to provide long-term mainte- am going to talk a little about the But for these errors, we believe that Boe- nance, as was specified in the RFP, FISA amendment and the protection of ing would have had a substantial chance of even after the Air Force asked for it re- civil liberties of Americans. Some peo- being selected for the award. peatedly. Second, the Air Force could ple who are concerned about this bill It is unclear at this point whether not provide that Airbus could refuel all don’t recognize that there have been those errors were due to incompetence of the military’s aircraft according to enormous changes made that specifi- or to impropriety. But one thing is procedure. cally speak to civil liberties, and so I definite: This contest was anything but Let me say that again. The Air Force would like to talk about that. I wish to fair or transparent. selected the Airbus A330 even though take the time to explain how the nego- I want to know how the Air Force got Airbus refused to agree to a key term tiators of the FISA bill have taken this so wrong. I have already asked for in the contract and even though the great care in protecting the constitu- a meeting with Defense Secretary Air Force failed to show that the A330 tional right of privacy of American

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The re- the definition remains the same—a erties of Americans while still allowing quirement is that the Government ob- good, solid base. the Government to collect the foreign tain a court order prior to targeting The bill requires extensive reporting intelligence it needs to protect the them for any foreign intelligence col- to Congress about the implementation country, literally. Maintaining this lection. So they get the same type of of the new provisions, compliance with balance between civil liberties for protection as does anybody in the the prohibitions in the bill—that is im- Americans and protecting our Nation United States. That is a first. Before, portant; we have not had that—and the against foreign attack was obviously the Attorney General could pretty impact of the new provisions on U.S. my utmost priority, as well as Senator much just say: We want to target these persons. BOND’s, during the lengthy negotiation people overseas, and there was no court The bill sunsets on December 31, 2012, process that produced what I think is involved, there was no approval process a date which ensures that the reau- historic legislation in modernizing involved legally. Now that cannot hap- thorization of the FISA bill will be ad- FISA for the first time in 30 years. pen. So they are protected, indeed, the dressed, in fact, by the next adminis- The FISA bill protects Americans in same as anybody in the United States. tration. a lot of ways by ensuring FISA Court The bill requires the court to make In addition to protecting the civil involvement in any aspect of the new an individual determination of prob- liberties of Americans in the new pro- procedure for targeting foreigners out- able cause before a U.S. person over- cedures, the bill seeks to prevent any side the United States that could in- seas may be targeted for any electronic future circumvention of FISA and to volve U.S. persons. It does so in four surveillance or other foreign intel- ensure that Congress has a complete significant ways: ligence collection. Each court order is set of facts about the President’s sur- First, the bill requires the FISA valid for no longer than 90 days. This is veillance program. Well, one might question: How does Court to approve procedures used to de- an important new protection that has that happen? In title III of the FISA termine whether the foreign target of never before been in place. the surveillance is outside of the Apart from the court review I have bill that is before us, we direct the in- spectors general of relevant agencies— United States. The court’s assessment detailed, the FISA bill also protects and that is a whole bunch of intel- of the adequacy of these procedures the privacy interests of Americans ligence agencies—to complete a com- will ensure that the new authorities through other provisions. prehensive review of the President’s cannot be used for domestic surveil- The bill prohibits the new procedure warrantless surveillance program. lance. for targeting foreigners outside the Second, the bill requires the court to United States from being used to tar- Then, within a year, the inspectors approve the procedures used to address get anyone inside the United States or general must submit an unclassified re- any incidental acquisition, retention, from being used to acquire entirely do- port to Congress, with a classified annex, if necessary. This IG review pro- or dissemination of U.S. person infor- mestic communication. The way it is vides an important vehicle for ensuring mation. These procedures protect the now—and it is called reverse tar- that a comprehensive set of facts about privacy of any Americans who might geting—within the United States, you the President’s program is available to be in contact with a foreign target. take out of the air some communica- Congress and, to the extent the classi- Third, by explicitly asking the court tion of somebody overseas who may be fication permits, to the American pub- to assess whether the procedures com- contacting somebody in the United lic itself. ply with the fourth amendment, the States, and that potentially puts the A comprehensive review of the Presi- bill requires the court to determine U.S. person at risk. That is reverse tar- dent’s program is particularly impor- whether the privacy interests of U.S. geting. So there is a prohibition now tant given the possibility the courts persons are, in fact, adequately pro- which explicitly includes reverse tar- will dismiss ongoing litigation due to tected. geting, where the purpose of targeting title II. It also ensures that account- Finally, the bill requires the court to somebody outside the United States is ability for the program will be directed approve targeting and minimization to target somebody in the United at the Government, where it belongs. before collection begins, in most in- States. I know it is complicated, but it To ensure that the Government never stances. The court would be required to is important. again relies on an inapplicable statute review and approve the procedures at Because of the importance of the pro- to argue that warrantless wiretapping least annually. This is called prior ap- hibitions in the bill, the bill requires is permissible, the bill strengthens the proval, and it was something that was the Attorney General to adopt guide- requirements that FISA and specific not welcomed by some, but through the lines that ensure that the Government chapters of title XVIII are the exclu- negotiation process, the prior approval obtains individual court orders when sive means by which electronic surveil- process was incorporated in the bill, required and does not engage in any lance and criminal law interceptions and it means that the court has to ap- prohibited conduct, such as reverse tar- may be conducted. The act provides prove targeting and minimization be- geting, which, in effect, disappears that in addition to the specifically list- fore collection. The Director of Na- from the lexicon of telecommunication ed statutes, only an express statutory tional Intelligence and the Attorney collection. The bill also requires the authorization passed by the Congress General would only be able to proceed Attorney General and the Director of for surveillance or interception may prior to a court order if emergency cir- National Intelligence to certify to the constitute an additional exclusive cumstances exist but for a period of FISA Court, under oath, that the ac- means for that surveillance or for that time no greater than 7 days before quisition complies with the prohibi- interception. It is a very strong protec- being required to seek the approval of tions in the bill and that the proce- tion against abuse. the court and no more than 30 days dures and guidelines are consistent Finally, the bill clarifies that crimi- while the court is considering the re- with the requirements of the fourth nal and civil penalties can be imposed quest. Sometimes, but very rarely, amendment. for any electronic surveillance that is emergencies do take place. To ensure there are no unintended not conducted in accordance with FISA The FISA bill also provides unprece- consequences relating to when a war- or the specifically listed criminal dented new privacy protections for rant must be obtained under FISA or intercept laws. Americans abroad. This may be the how information obtained using FISA In summary, the FISA bill has a mul- most important part. For the first can be used, the bill does not change titude of statutory provisions that pro- time, Americans traveling or working the definition of ‘‘electronic surveil- vide the judicial and congressional abroad are entitled to the same protec- lance’’ in FISA. It is left exactly as it oversight that is essential to pro- tion from surveillance and search that is. People say: Well, why is that? Ev- tecting the civil liberties of all Ameri- they would have if they were in the erything has changed. Well, there can cans, both here and abroad. They were

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.015 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6182 CONGRESSIONAL RECORD — SENATE June 26, 2008 not protected abroad. They are now. She was a great lady. She passed through 2014. Governor Sheffield’s vi- The House did not pass this bill be- away on June 10 in our hometown of sion for this expansion of the State of cause they believed there was an insuf- Anchorage, AK, surrounded by her fam- Alaska’s largest port will not only ficiency of civil liberty protections— ily. I had the honor to be with her for serve Anchorage, but nearly the entire and they may have been right. So we part of that time. I speak for all of us geographic area and population of our hammered these out in long meetings and many more when I say this. There State. Mr. President, over 90 percent of in which the White House, all the intel- is a hole in our lives that will never the goods that come into my State ligence agencies, and the leadership— quite be filled. Ellie left us with won- come through the Port of Anchorage. Republican and Democratic—of the derful memories. Through these, she Furthermore, this expansion will serve House and the Senate were there. will live on. the national defense needs of the It is a much stronger bill. People will Every time I hear Willie Nelson I am United States by providing vital trans- argue that people like me talk about a going to remember Ellie. She loved portation support and access to four balance between being able to collect— Willie Nelson. I think the only dif- major military installations in Alaska, which is the only way you are going to ference she had with Willie is she hoped including the Stryker Brigade at Fort know if you are going to be attacked— her children, her babies, would grow up Wainwright. I am proud to have sup- or civil liberties. So people tend to go to be cowboys. ported the port expansion project and I all the way this way or all the way LEAVE OF ABSENCE am proud of Governor Sheffield and the that way, not recognizing or not being Mr. President, I ask unanimous con- work he is doing for Alaska and all of willing to accept that there can be a sent I be excused from attendance of the United States. balance. We have created that balance the Senate following today’s session, Governor Sheffield’s continuing serv- in our bill. I am proud of that. It is one until the first vote in July. ice does not end with the Port of An- of the many reasons I am for the bill. The PRESIDING OFFICER. Is there chorage. Additionally, he is a trustee I yield the floor. objection? of Alaska Pacific University, a member The PRESIDING OFFICER. The sen- Without objection, it is so ordered. of the advisory board of ENSTAR Nat- ior Senator from Alaska is recognized. HONORING WILLIAM SHEFFIELD ural Gas, a charter member of Com- HONORING ELLADEAN HAYS BITTNER Mr. STEVENS. Mr. President, I rise monwealth North, past chairman of the Mr. STEVENS. Mr. President, I never today to pay tribute, on his 80th birth- Federal Salary Council and a member thought I would have this occasion, but day, to a great American and a great of the board of directors of the Alaska I want to speak today to honor the life Alaskan, Governor Bill Sheffield. My Railroad and formerly the railroad’s of a great woman, my mother-in-law, friend Bill Sheffield was the Demo- president & CEO. As Governor, Bill Elladean Hays Bittner. cratic Governor of Alaska from 1982–86, Sheffield was instrumental in saving Ellie was born February 1, 1919, in which was just a short episode in a life- the Alaska Railroad, purchasing it Phoenix during the great flu pandemic. time of service to Alaska both in gov- from the Federal Government and then She often remarked on why she had no ernment and in the private sector. providing the necessary investment in birth certificate—the hospital did not Governor Sheffield came to Alaska in Alaska’s infrastructure to assist in our expect her to survive. 1953, the same year I moved to our development. In recognition of his Ellie grew up and worked on her fam- great State, to handle television sales service to the railroad and to the State ily’s ranch in Arizona. She studied for Sears and Roebuck. His exceptional of Alaska, the Alaska Railroad Depot home economics at the University of intellect and work ethic were easily at the Anchorage International Airport Arizona, graduating in 1939. During col- recognized. Quickly, he took leadership was named after Governor Sheffield in lege, she rode with the U.S. Army cav- positions in the Chamber of Commerce 1999. alry and was chosen to be a member of and other business groups in Alaska, Most importantly to Alaskans, Bill is the Mortar Board, a national honor so- eventually becoming president of the also a skilled fisherman and avid out- ciety. Alaska State Chamber of Commerce doorsman. A love of bush Alaska runs Ellie married William-Bill-Edward and, in 2006, being awarded the Life- through every aspect of this man. I Bittner in 1944 in Arizona. They time Achievement Award in Business know firsthand of his love for the bush honeymooned to Alaska, traveling by by the Alaska Business Monthly. By areas of our home State. He and I have Alaska steamship and train to Anchor- 1960, he had entered the hotel industry enjoyed many days together out on the age to meet her in-laws. In 1950, Ellie by purchasing his first hotel in Anchor- water whether fishing for salmon on moved to Alaska with Bill and their age. The day before the Good Friday the Kenai River or elsewhere in Alas- children, Catherine—my wife, William, Earthquake in 1964, Bill Sheffield had ka. and Judith. Ellie worked for the An- just opened a new hotel, but it would In this Chamber today, we see a lot chorage school district, teaching home take more than that earthquake to of partisan fighting. One of the great- ec. She started a boys’ cooking class stop Bill. His hotel business continued est qualities of my friend Bill Sheffield and an early childhood education pro- to grow until he owned 16 hotels is the ability to get past the labels of gram. throughout Alaska and the Yukon Ter- Democrat and Republican. Bill Shef- Governor Hickel appointed Ellie to a ritory. field is a lifelong Democrat. While he position with the Alaska Department As Governor, Bill Sheffield was fo- was the Governor of Alaska and I was of Education. She traveled extensively, cused on ‘‘Bringing the State To- here in Washington as Senator, we al- interviewing women in remote villages gether,’’ the theme of his campaign. ways found a way to work together. As and towns and published a study that His reputation as a problem-solver and Governor, Bill Sheffield was able to was a pioneer effort to identify eco- his pledge to unite Alaskans resulted identify what needed to be done for the nomic opportunities for women. in a landslide victory. Governor greater good of Alaska. More impor- Ellie and Bill were very active in Sheffield’s experience as a businessman tantly, he pushed aside the partisan- Alaska, entertaining frequently at served him and Alaskans well during ship, went ahead and did what needed their downtown log house in Anchorage his time in the Governor’s Office. His to be done for Alaskans. In both busi- and flying all over the territory in efforts reduced excessive spending in ness and government, Governor Shef- their Cessna 180 with their children. State government and helped save field is a leader and a doer. He is a fine The family began splitting their time Alaska’s natural resources for the use example for all of us. I am honored to between Alaska and Arizona in the of all Alaskans for generations yet to count Bill Sheffield a friend and I hope 1970s and Ellie returned to ranching. come. the entire Senate will join me in wish- She established the ‘‘Quien Sabe’’ out- After leaving government, Governor ing him a happy 80th birthday. Happy fit, which she was featured with in 2002 Sheffield continued his service to Alas- birthday, Billy. at the Cowgirl Museum and Hall of kans, taking seats on several private Ms. MURKOWSKI. Mr. President, it Fame, and is included in ‘‘Hard Twist’’, and nonprofit boards of directors. Cur- is with great honor and respect that a book on western ranching women. rently, he is the director of the Port of today I acknowledge the 80th birthday Ellie remained active in ranching until Anchorage, where he has developed a of a great friend and leader in Alaska. her death. master plan for expansion of the port Governor William ‘‘Bill’’ Sheffield has

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.017 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6183 been a leader in business and govern- rolls up their sleeves and works with them more options after they leave ment for most of the 55 years he has anyone who is also dedicated to achiev- school. One of the most important pro- lived in Alaska. He served as Governor ing important goals for the greater visions of the bill is a new income- from 1982 to 1986, following a business good. Whether in business, politics, based repayment program that will career in which he built a company education or many other endeavors allow students to pay their debt as a that became one of the largest private that have benefited so many people, he percentage of their income. This initia- employers in Alaska and the Yukon is a leader and example for all of us. tive, along with the Public Service Territory. I would also be remiss if I didn’t men- Loan Forgiveness Program, will help Governor Sheffield came to Alaska in tion that Bill is an excellent duck students manage their debt and allow 1953 as a regional sales representative hunter, fisherman and avid outdoors- them to pursue careers in public serv- for Sears Roebuck in charge of tele- man. Mr. President, I am proud to call ice without fear of student loan pay- vision sales and service. He became one Bill Sheffield a friend and I hope the ments they simply cannot afford. of the top salesmen in the nation dur- entire Congress will join me in wishing In April, I held a Health, Education, ing the 1950s and began his leadership him well on the 80th anniversary of his Labor, & Pensions Committee public in business groups such as the Jaycees birth. Happy Birthday, Bill. hearing at Ohio State University to and the Chamber of Commerce. In 1960, Mr. President, I suggest the absence discuss student debt issues. One of the he purchased an Anchorage hotel, and of a quorum. witnesses we heard from was a young founded Sheffield Enterprises. In 1964, The PRESIDING OFFICER. The woman from Cincinnati whose dis- literally the day before the great Alas- clerk will call the roll. traught mother wrote me about the ka earthquake of March 27, 1964, he The bill clerk proceeded to call the crippling debt her daughter had ac- roll. opened a new hotel in Anchorage. This crued trying to pay for college. Mr. BROWN. Mr. President, I ask began an expansion that eventually She testified she never believed an unanimous consent that the order for education could cost so much and how saw his company grow to 16 hotels with the quorum call be rescinded. 750 employees. He sold the company in The PRESIDING OFFICER (Mr. she worried about how she was going to help her family and advance her career 1987 to Holland America Line-westours, TESTER). Without objection, it is so or- one of the major players in Alaska’s dered. now that she was saddled with so much growing tourism market. While in busi- Mr. BROWN. Mr. President, I ask student loan debt. ness, Sheffield served as president of unanimous consent to speak for up to As I said, as I travel the State, I hear the Alaska State Chamber of Com- 10 minutes as in morning business. stories such as these from students and merce and the Alaska Visitors Associa- The PRESIDING OFFICER. Without parents who tell me it is becoming tion. objection, it is so ordered. harder and harder to afford a college As a candidate for Governor in 1982, STUDENT AID education for those Ohioans, for mil- Bill Sheffield’s theme was ‘‘bringing Mr. BROWN. Mr. President, as I trav- lions of others across this country. the state together’’, a reference to a el my State, I have held close to 100 This bill will finally provide some pair of divisive ballot initiatives that roundtables of 15, 20 people gathered much-needed relief. I would add that as same year. His message of inclusion together as a cross section of the com- Governor Strickland, the new Governor and cooperation helped him win the munity in some 65 or 70 Ohio counties. of the State who has been in office governorship in a landslide. Governor I hear more and more people talking some 17 months or so, has frozen tui- Sheffield then turned his attention to about how difficult it is for middle- tion at public universities, which has curbing the runaway growth in State class kids, for kids from working fami- made a big difference, obviously, in the government, promoting efficient busi- lies, especially for first-generation and affordability of college. And coupled ness-style management of public works potential first-generation students with what the State is trying to do now projects and saving more of Alaska’s being able to go to college. in Ohio, after the State did very little energy revenues for future generations. We have made some progress in the to rein in college costs, coupled with Currently, Governor Sheffield serves Senate in the 15, 16, 17 months since what we are doing here, it will make a as port director of the Port of Anchor- the Presiding Officer and I and others big difference, particularly for first- age, where he oversees a critical and have been in this body. One was the generation students, but for all people all-encompassing port expansion. The College Cost Reduction Act, an invest- who want to go to college whose par- port is a military strategic port and ment in America’s students. It was a ents do not make quite enough for serves 80 percent of Alaskans with 90 promise that I and my other freshman them to be able to afford it. This is a percent of their goods. He is also a colleagues campaigned on 2 years ago. major step, a positive step, in changing trustee of Alaska Pacific University, a We have delivered. the direction of our country. member of the advisory board of The increases in student aid that are I yield the floor. ENSTAR Natural Gas, and a charter beginning to go into effect next week The PRESIDING OFFICER. The Sen- member of Commonwealth North, one are a downpayment of America’s future ator from Illinois. of Alaska’s leading public affairs prosperity, on its future competitive- Mr. DURBIN. Mr. President, I ask forum. He is the past chairman of the ness. This investment could not have unanimous consent to speak as in Federal Salary Council; recently he re- come at a better time. With college morning business. ceived the Lifetime Achievement costs at an alltime high, neither stu- The PRESIDING OFFICER. Without Award in Business from the Alaska dent aid nor family incomes have been objection, it is so ordered. Business Monthly; the former president able to keep up. MEDICARE ADVANTAGE and CEO of the Alaska Railroad Cor- In my home State of Ohio, between Mr. DURBIN. Mr. President, pending poration and now serves on its board of 2001 and 2006, the cost of attending col- before the Senate is an important directors. In recognition of his service lege increased 53 percent at 4-year pub- measure about compensating medical to the railroad and to the State of lic colleges and universities, and al- providers who treat Medicare patients. Alaska, the Alaska Railroad Depot at most 30 percent at 4-year private col- Medicare patients, of course, are the the Ted Stevens International Airport leges, 53 percent at public universities, elderly and the disabled. This program was named in his honor in 1999. close to 30 percent at 4-year private that was started over 40 years ago Governor Sheffield has always be- schools. reaches 40 million Americans. It is an lieved that wisdom comes with the ex- During this same period, the median important lifesaver. It is a lifeline for perience of making your own payroll. household income in Ohio increased many people who have reached a point He credits his success in business and only 3 percent. In the 2004–2005 school where they can no longer afford to pay government from having the experi- year, 66 percent of students graduating for their own major medical bills. ence of workers depending on him from 4-year institutions in my State Many of these people are on fixed in- alone for their paycheck. graduated with student loan debt. The comes. Many of these folks have no Lastly, Bill Sheffield, a lifelong Dem- average debt was $20,000. health insurance, other than Medicare. ocrat, is one of the best examples of This bill will help students manage They are desperate to find the kind of someone who puts partisanship aside, the debt they are incurring and give care they need.

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.022 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6184 CONGRESSIONAL RECORD — SENATE June 26, 2008 Medicare, a program that was once ing from the Republican side of the of the insurance industry, not for the criticized as being too much govern- aisle. They refuse to let us cut any re- health benefits of Medicare patients. ment and socialism, has turned out to imbursement to the private health in- This report confirms the deal that was be one of the most valuable programs surance companies that charge more offered to Medicare beneficiaries and the Federal Government offers. For 40 for the same services that Medicare is American taxpayers by these private million Americans, it means they have providing. plans is even worse than we thought. the peace of mind that when they are So we have reached an impasse. It is Yet today, on the Republican side of sick, there is a place to go and someone an impasse that has to be broken to the aisle, they are objecting to this fix to pay for it, that they will not sac- the benefit of Medicare beneficiaries. I in Medicare to protect these private rifice their savings and everything think we should be guided in breaking health insurance plans that have been they have because of a medical catas- it by what happened in the House of found over and over again to charge trophe. There is a suggestion of cutting Representatives by a vote of 355 to 59. too much, to be abusive in their mar- the compensation to Medicare pro- Private fee-for-service plans are paid keting and, frankly, to provide less viders by 10 percent. The fear is, if we more than what it costs to treat the medical care than they promised. cut that pay to these Medicare pro- same Medicare patient in the tradi- In this report, for the first time in viders, fewer doctors will take Medi- tional Medicare Program. We are pay- the history of the Medicare Advantage care patients; they will decide that the ing these private insurance companies Program, GAO compared the private economic benefits are with other pa- more than the ordinary Medicare reim- plans’ projected spending on medical tients who might be paying more bursement. care and profit margins with their ac- through private health insurance or For some on the other side of the tual profit margins and spending on even out of their own pockets. aisle, this is all well and good. They medical care. They found that in 2005, We have a deadline. On July 1, this want to privatize Medicare. They want the Medicare Advantage plans pro- 10-percent cut goes into place. We have to end this so-called Government jected spending 90.2 percent of total been trying, week after week, month health insurance plan. I am not one of costs on medical services but actually after month, to pass in the Senate a those. After more than 40 years of suc- spent 85.7 percent. By spending less on provision that will protect these Medi- cess in Medicare, I don’t want to see helping Medicare patients, these plans care providers from this proposed cut this program go away. This program increased their profits. That is what it of 10 percent. Imagine, if you will, that has been a lifeline when all else has is all about—giving the Medicare pa- seniors who have doctors’ appoint- failed. Medicare Advantage plans, tients as little as possible. ments in the first or second week of those private health insurance com- These private health insurance plans July call to find that the appointments pany plans I talked about, cost tax- are big winners when it comes to mak- have been canceled because their doc- payers, on average, 13 percent more ing money but at the expense of med- tor no longer takes Medicare patients. than Medicare for the same benefits. ical care for the Medicare patients. I don’t want that to happen in Illinois. Private fee-for-service Medicare Ad- These are the same companies Repub- I don’t think it should happen any- vantage costs even more, 19 percent. licans are trying to protect by object- where across this country. This payment disparity gives private ing to our fixing this Medicare reim- A bill comes through the House of fee-for-service plans a competitive ad- bursement problem. Representatives which proposes that vantage over traditional Medicare. In It is a shame we are putting the we stop this 10-percent cut and make other words, they can offer a little bit health of America’s seniors on the line sure Medicare does not suffer this more, some bells and whistles, and for the profit of a handful of private in- change and that the Medicare bene- they charge dramatically more when it surance companies. The Bush adminis- ficiaries are not disadvantaged. The comes to billing taxpayers and the tration is disguising the truth. They vote was called earlier this week in the Government for their services. We are claim the Medicare Advantage plans House of Representatives. The final trying to trim that back a bit. are helping, when they aren’t doing a vote was 355 to 59. By a margin of 5, or The howls and screams from the good job. This GAO report is more evi- 6 to 1, a bipartisan vote in the House of other side of the aisle come because dence of waste and abuse in this pro- Representatives, they voted to take they want to protect these private gram, evidence which those who object care of this problem and do it now be- health insurance companies. These un- to our moving forward refuse to even fore the July 1 deadline kicks in. The justified higher payments are fueling read or acknowledge. The changes in bill that passed in the House is sup- large increases in enrollment in these this bill are modest. They are nowhere ported by physicians, consumer groups, types of plans that charge more be- close to payment cuts the House ap- pharmacists, hospitals, and many oth- cause they offer a little bit more here proved earlier this year. What Repub- ers. Who opposes this bill? Two groups. and there. Even CMS has been con- licans and the White House are object- I should say two entities—the health cerned about the marketing practices ing to is taking away another special insurance industry and the White of these private fee-for-service plans. advantage that private fee-for-service House. Why? Because the bill provides Understand, these private health insur- plans have been given, the ability to for savings from private fee-for-service ance companies, trying to enroll Medi- deem a doctor or hospital as part of its Medicare plans. In other words, the ad- care beneficiaries into their private necessary work. This bill merely re- ditional 10 percent that is going to be health insurance alternative to Medi- quires private fee-for-service to enter paid to these Medicare providers, part care, are going door to door, using tele- into contracts with health care pro- of it at least is offset by saying that phone, mail, soliciting many seniors. viders, as all other private Medicare private health insurance companies are Some of them are misled. Some of plans already do. This reform is good going to receive less in reimbursement them are confused by the solicitations. for patients, good for health care pro- for treating Medicare patients. There is outright fraud taking place. viders, and good for taxpayers. Why should they receive less, you There have been numerous reports of The overwhelming vote in the House ask? Because the so-called Medicare sales agents using strong-arm tactics for this bill shows Congress will no Advantage plans, private health insur- to enroll Medicare beneficiaries in longer allow the Bush administration, ance plans providing benefits that look these plans without the beneficiaries as it is packing to leave town over the a lot like Medicare, charge more than understanding how the plans differ next 6 months, to protect the health the Medicare plan, 12 to 13 percent from traditional Medicare. insurance industry at the expense of more. Those aren’t figures dreamed up Yesterday, the Government Account- Americans, our families, and Medicare by Congress. They come to us from the ability Office released a report that beneficiaries. executive branch of Government. We shows that private Medicare Advantage I urge my colleagues, support the suggested some savings in the amount plans spent less on medical care than Medicare Program, make sure Medi- of money paid to private health insur- they report to the CMS which, in turn, care providers are adequately funded. ance companies and the resistance earned them $1.14 billion in additional Don’t stand in defense of private health comes, obviously, from those compa- profits over what was expected. This is insurance at the expense of this valu- nies, the White House, and this morn- money going directly into the pockets able program.

VerDate Aug 31 2005 03:32 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.023 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6185 I yield the floor. few years has made me more certain should certainly try to incentivize The PRESIDING OFFICER. The Sen- than ever that this legislation is nec- bringing more green energy to the ator from Wisconsin. essary. When I first introduced this United States. That is the reason we UNANIMOUS CONSENT REQUEST—H.R. 2264 legislation in June 2000, the worldwide introduced this bill, and it is the rea- Mr. KOHL. Mr. President, I rise price of crude oil was $29 per barrel. It son there was such a strong vote on it. today to ask unanimous consent that has now more than quadrupled. How There have been a couple of objec- the Senate take up the No Oil Pro- much longer must consumers wait for tions as to why we should not include ducing and Exporting Cartel Act, us to take action? I believe we need to this amendment on the housing bill. It NOPEC. This legislation will authorize take action now. has been said that this amendment has our Government, for the first time, to I ask unanimous consent that the nothing to do with housing. I would beg take action against the illegal conduct Senate proceed to the consideration of to differ. First of all, the stronger the of the OPEC oil cartel. It is time for Calendar No. 169, H.R. 2264, at a time to economy, the more people will be able the U.S. Government to fight back on be determined by the majority leader, to afford to buy and retain homes. This the price of oil and hold OPEC account- following consultation with the Repub- renewable energy tax bill literally will able when it acts illegally. Our amend- lican leader, and that the bill be con- produce probably 100,000 to 200,000 jobs ment will hold OPEC member nations sidered under the following limita- in the United States and billions of dol- to account under U.S. antitrust law tions: that no amendments be in order lars worth of investment in the United when they agree to limit supply or fix to the bill; that there be 2 hours of de- States. When people have jobs, there is price in violation of the most basic bate, with time equally divided and a better chance they can afford homes. principles of free competition. controlled between the leaders or their Second, there are many provisions in NOPEC will allow the Attorney Gen- designees; that upon the use or yield- our renewable energy tax bill that di- eral to file suit against nations or ing back of the time, the Senate pro- rectly relate to housing. My amend- other entities that participate in a con- ceed to vote on passage of the bill with- ment provides incentives to expand en- spiracy to limit the supply, or fix the out further intervening action or de- ergy efficiency in new homes, existing price, of oil. In addition, it will specify bate. homes, and appliances used in homes. that the doctrines of sovereign immu- The PRESIDING OFFICER. Is there For example, if you want to invest in nity and act of state do not exempt na- objection? solar energy in your home, if you want tions that participate in oil cartels Mr. DOMENICI. I object. to help the country out by taking some from basic antitrust law. This legisla- The PRESIDING OFFICER. Objec- of your electricity demand off of the tion will not create any private right tion is heard. power grid and actually produce your of action nor require any action by the The Senator from Nevada. own electricity with solar energy in Attorney General, it will simply give CLEAN ENERGY your home, we have tax credits to en- the administration the option to bring Mr. ENSIGN. Mr. President, in the courage this activity. If somebody is an antitrust action against OPEC last few days, we have been talking building a more energy-efficient home, member nations. Passage of this legis- about the housing bill. Last night I got we have tax credits in there to do that. lation will mean that OPEC member to speak as I had the day before about In addition, we encourage the produc- nations will face the possibility of real an amendment I have been trying to tion of more energy-efficient appli- and substantial antitrust sanctions get onto the housing bill. I would like ances for your home. So this amend- should they persist in their illegal con- to speak about the importance of that ment is directly related to housing. duct. One of the other provisions the man- I have introduced this legislation in amendment, once again. This country is facing high energy agers of this bill—and especially the each Congress since 2000. This legisla- costs right now, with gasoline over $4 a Democratic leadership—do not want tion passed the full Senate by a vote of gallon. Home heating oil is being af- 70 to 23 last June as an amendment to this amendment attached to the hous- the energy bill before being stripped fected by the price of energy. Natural ing bill is that it is ‘‘not paid for.’’ from that bill in the conference com- gas prices have gone up by over 70 per- Well, there are already $2.4 billion in mittee. The identical House version of cent. It is affecting literally every sin- tax-related items that are not paid NOPEC passed the other body as stand gle family and business in the United contained in this housing bill. I will alone legislation in May 2007 by an States. We need to have a broad-based not go into the details because they are overwhelming 345 to 72 vote. It is now approach to finding all the sources of fairly complicated, but know there is time for us to at last pass this legisla- American energy we can possibly find almost $2.4 billion in unpaid-for tax in- tion into law and give our Nation a to help make us less dependent on Mid- centives in this bill. long needed tool to counteract this per- dle Eastern oil and other energy sup- The Democratic manager of this bill nicious and anticonsumer conspiracy. plies coming from outside the United said the Democrats in the House of As we consider the causes of rising States. It is important for our national Representatives would not go for our gas prices—now exceeding the once un- security, and it is also important for particular renewable tax credit legisla- thinkable $4 per gallon level, up 74 per- our economic security. tion because it was not paid for, that cent since the beginning of last year— The amendment I wanted to offer to there were too many Democrats in the one fact has remained conistent—any the housing bill deals with alternative House of Representatives who would move downwards in price ends as soon renewable energies. These are energies object to it. Well, how do they expect as OPEC decides to cut production. such as solar, wind, geothermal, and $2.4 billion in other tax incentives that And whIle the OPEC nations enjoy many others. This amendment is iden- are not paid for to be accepted over their riches, the average American con- tical to a bill Senator MARIA CANT- there and then argue that ours would sumer suffers every time he or she vis- WELL, a Democrat, and myself worked not be accepted as well? So I think we its the gas pump or pays a home heat- on together. In total, 45 Members have should do absolutely everything we can ing bill. The Federal Trade Commis- cosponsored this bill. We actually of- at this time—with high energy prices sion has estimated that 85 percent of fered this legislation as an amendment on gasoline, home heating oil, and nat- the variability in the cost of gasoline is to housing bill the last time that bill ural gas going up in the United the result of changes in the cost of was on the Senate floor in April. States—we should do everything we crude oil. At that time, our amendment passed can to get Senator CANTWELL’s and my The most fundamental principle of a with 88 yea votes and only 8 nay votes. amendment on renewable energy tax free market is that competitors cannot Rarely does something around this credits put onto this housing bill. be permitted to conspire to limit sup- body pass 88 to 8 in such a bipartisan Another reason it is important to ply or fix price. There can be no free fashion in these partisan days. We have this amendment on this bill, in- market without this foundation. And should take advantage of that biparti- stead of waiting for another bill in the we should not permit any nation to sanship and do something right for the future, is that a lot of the contracts flout this fundamental principle. American people. and the financing of renewable energy Mr. President, the suffering of con- Not only do we want more American projects—whether they are solar, geo- sumers across the Nation in the last energy, but whenever we can, we thermal, wind, or any of the other

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.024 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6186 CONGRESSIONAL RECORD — SENATE June 26, 2008 clean energy we have in the United The PRESIDING OFFICER. Without was nervous not only about writing the States—it is critical for the financing objection, it is so ordered. remarks but also about enough time of these projects that we have predict- PAUL LAURENCE DUNBAR away from his job as an elevator oper- ability and we get the Clean Energy Mr. BROWN. Mr. President, I rise ator to give them. Tax Stimulus amendment done as soon today to honor the birth of Paul Law- As Jean Gould describes in her book, as possible. For each quarter that rence Dunbar. ‘‘That Dunbar Boy″: passes—and the Senator from Wash- It was the African-American poet Speaking to the Western Writers Con- ington has spoken eloquently about Maya Angelou who made the verse ‘‘I ference afforded Paul his first opportunity to this—that is more projects that do not know why the caged bird sings’’ widely be heard by writers beyond the Dayton re- get financed. Projects will not always famous, but it was Paul Laurence Dun- gion, a special birthday gift that began the be financed in the future if they have bar from Dayton, OH, who penned that launching and the cementing of his writing lost their financing now. Investors lose career. His welcoming address received a powerful poem more than a century burst of eager applause as he bowed and confidence. ago. That seems to be the true story of made a dash for the backstage exit of the So we need to have predictability, Paul Lawrence Dunbar, as a trailblazer Opera House—he was due back at the Cal- and we need to enact my amendment who paved the way for later genera- lahan Building as the elevator operator in soon as possible. The housing bill, ev- tions of African-American poets and just 10 minutes! erybody around here knows, is going to writers. This experience for Paul underscored be one of the few bills that will be While academics continue to debate his love of writing and his desire to signed into law this year. So we need Dunbar’s stature in the pantheon of make it his career. Soon after, he pub- to have the renewable energy tax cred- American poets, there is wide agree- lished his first book of poems, ‘‘Oak its on a bill that is going to be signed ment that he is a seminal figure in Af- and Ivy.’’ into law. If we actually care about ad- rican-American literature, the first to It was on June 27, 1896, that William vancing use of renewable energy in this achieve national—and some would Dean Howells, a prominent literary country, if we care about jobs in the re- argue international—recognition critic of the times, published a column newable energy sector of our economy, among African Americans. in Harper’s Weekly enthusiastically then we need to have this amendment Paul Lawrence Dunbar was born into praising Dunbar’s second book, ‘‘Ma- passed into law. meager circumstances in Dayton, OH. jors and Minors.’’ The Democratic leader has already His birthday we honor tomorrow on Howell stated: said he is going to pull the bill and we June 27, 1872. He was the son of former are going to come back to the housing There has come to me from the hand of a slaves who escaped to freedom. He was friend, very unofficially, a little book of legislation after the Fourth of July raised by his mother Matilda, who had verses, dateless, placeless, without a pub- break. I encourage all Americans to little to give him in terms of material lisher, which has greatly interested me. contact their Senators and Representa- wealth. Her job as a washer woman So that established Dunbar as a na- tives in the House, and let their voices provided little more than food and tional literary figure. From there, he be heard that this is an important clothing for Paul and his four brothers went on to write four collected vol- issue to them. Write in, e-mail—do all and sisters. Instead, she instilled in umes of short stories, four novels, the types of things that are necessary him something much greater. Paul’s three published plays, lyrics for 12 to participate in our democratic proc- mother taught him the arts of song and songs, 15 books of poetry, 400 published ess, to say yes to renewable energy, to storytelling and instilled in her son a poems, 200 unpublished poems, un- say yes to jobs in America. lasting love of poetry and literature. Let’s put this amendment on the counted essays on social and racial top- Because of his mother, the poet fell in housing bill when we get back after the ics in periodicals and newspapers in a love with the power of words at a very Fourth of July recess. Let’s do it as career of less than 13 years. early age, some accounts having him quickly as possible. Let’s get the House Literary critics to this day continue reciting and writing poetry as early as of Representatives to cooperate with us to debate Paul Lawrence Dunbar. It age 6. This love for literature grew over on something that is good for America. has been argued that the author should the years as his mother encouraged I happen to be a Republican Senator be considered one of the earliest cru- him to read and reinforced the impor- but this is a bipartisan issue. In fact, saders for equal rights and that his this should be nonpartisan. This should tance of school. work belongs in the long tradition of By the time young Paul reached high be something that is done forgetting protest writing. Other critics argue school, he was the only African Amer- about whether you are a Republican or against this sort of designation—a con- ican in his class at Dayton Central Democrat. Let’s do something that is troversy that speaks to the complexity High. While he faced so many difficul- good for America. Let’s do more of that and richness of his writing. ties because of his race, he achieved so around this place, and I think we will There is no debate that Paul Law- much during this time in his life. In all be better off for it. rence Dunbar and his works have en- I conclude by imploring my col- the face of prejudice, he became a riched the history and character of his leagues: Think about this during the member of the debating society, editor hometown, Dayton; his State—my break. Think about what is at stake of the school paper, and president of State—Ohio; and our great country. with the tens and tens of thousands of the school’s literary society. Working Paul Lawrence Dunbar is known jobs, the billions of dollars in invest- with his classmates and his friends in throughout the world for his literary ment in renewables, and the chance Dayton, Orville and Wilbur Wright, genius. He is recognized as a man of that we can do something good for Paul Laurence Dunbar published an Af- humanity and integrity and determina- America and bring more green energy, rican-American newsletter. All the tion, thus becoming the first African more clean energy to the United while, he helped support himself by American to be accepted by the dis- States. working as an elevator operator in cipline of American literature. Mr. President, I yield the floor and Dayton’s Callahan Building. Tomorrow, actually, is the date of suggest the absence of a quorum. Dunbar’s birthday, June 27, came to his birth, but I stand today to honor The PRESIDING OFFICER. The be a very important day for the poet, this Ohioan and his work. clerk will call the roll. as it was on that day when his abilities I yield the floor. The assistant legislative clerk pro- to write were first showcased in his The PRESIDING OFFICER. The Sen- ceeded to call the roll. hometown and then many years later ator from Massachusetts is recognized. Mr. BROWN. Mr. President, I ask again on his birthday when he received Mr. KERRY. Mr. President, what is unanimous consent that the order for national recognition—it was June 27, the parliamentary situation? the quorum call be rescinded. 1892, when giving the opening welcome The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without before the Western Writers Conference ate is postcloture on the motion to pro- objection, it is so ordered. at the Dayton Opera House. ceed to the FISA bill. Mr. BROWN. Mr. President, I ask As the story goes, Paul was asked by Mr. KERRY. Mr. President, I ask unanimous consent to speak as in his teacher Helen Truesdell only days unanimous consent to speak as in morning business for up to 10 minutes. before to give the opening remarks. He morning business.

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.026 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6187 The PRESIDING OFFICER. Without We are not going to give up our country for the people of his country, clearly objection, it is so ordered. because of a mere X on a ballot. How can a the international community has a re- ballpoint pen fight with a gun? ZIMBABWE ELECTIONS sponsibility to make it impossible for Mr. KERRY. Mr. President, we are I believe someone with that kind of him to do anything else but go. known happily as the world’s greatest attitude—willing to strip away democ- The Senate passed a resolution that I deliberative body and the world’s racy that all of the African nations, submitted in late April, but, frankly, greatest democracy. There are times European nations, civilized nations of resolutions don’t get the job done. when I have been here when we have the world, and United Nations have They indicate an intent, a desire by the indeed lived up to that reputation, and agreed is the right of the people of Senate, perhaps; they indicate that we it has been exciting and rewarding. We Zimbabwe—that kind of attitude de- are taking notice of what is happening. also are blessed to serve in an institu- serves the outrage and action that it But this is now a matter of life and tion where very frequently we extol the asks for. death. It is also a matter of the credi- virtues of our commitment to spread- We know that even if Tsvangirai had bility of the international community. ing freedom around the globe. We take not withdrawn, there was a unanimous If words such as ‘‘never again’’ with that seriously. I don’t think there is a consensus that Mugabe would have sto- respect to a holocaust mean something Senator here who doesn’t believe in our len the election by simply rigging the or if the lessons of Bosnia, responsibility to do that and who isn’t ballots. Once again, this unapologetic Herzegovina, and the other disruptions proud of America’s role in being able to dictator telegraphed his intentions, that we have seen in other parts of the do that in many parts of the world saying that only God, not the voters of world mean anything, then we have to where we have made a difference. Zimbabwe, could remove him from of- do whatever is necessary to be able to However, in recent days here in fice. bring about a timely end to the vio- Washington, the news earlier this week Democracy in Zimbabwe is not the lence and a peaceful transition to de- that Morgan Tsvangirai, the leader of only casualty of the news this week. mocracy. Zimbabwe’s main opposition party, was Every bit as damaged, frankly, is the The U.N. Security Council needs to forced to withdraw from a runoff elec- moral authority of the international impose, immediately, quickly, targeted tion that was scheduled for tomorrow, community. Make no mistake, Mugabe sanctions on Mugabe. It needs to im- that news was regrettably met by an is thumbing his nose at the inter- pose them on his cronies and his fam- absence of the kind of outrage that it national community. Daring them, ily. It needs to make it clear to them demands and, frankly, by an absence of with a sense of complete impunity, he that they cannot do what they are action of any kind in the global com- is inviolable in whatever thuggery he doing with impunity. Freezing bank ac- munity. wants to engage in. That is because he counts and imposing further travel re- It is important for the Senate, in my has heard the world say ‘‘never again’’ strictions are punishments that may judgment, to forcefully condemn a again and again. Then he has watched lead those around Mugabe to begin to shockingly brutal campaign, an overt, the world engage in collective hand- reassess their own self-interests, with- visible for everybody to see, disdainful, wringing as mass atrocities unfold and out doing harm to the people who have arrogant campaign of violence and in- nothing happens, just like the last already had harm done to them by this timidation that has been launched by time. dictatorship. President Robert Mugabe and his Well, this can’t be allowed to con- The real leverage and legitimacy to henchmen which rendered free and fair tinue. Until recently, there was little motivate, mediate, and monitor a ne- elections in Zimbabwe impossible. hope of vigorous international re- gotiated solution lies in the heart of Morgan Tsvangirai’s courageous deci- sponse. But Tsvangirai’s selfless act of Africa itself. The Southern Africa De- sion not to put his supporters at fur- courage hopefully now can act as a cat- velopment Community and the African ther risk in an election that Mugabe alyst for change. Union have, frankly, too often been explicitly said he would not respect if On Monday, the United Nations Secu- willing to sit on the sidelines. They he did not win ought to be a wake-up rity Council, including China and Rus- need to play a sustained and active role call for the world and especially to the sia, issued its first condemnation of vi- in resolving this crisis in a way that African leaders who have the most in- olence, acknowledging it would be im- respects the will of Zimbabwe’s people. fluence over Zimbabwe. possible for a free and fair election to They need to do that now with the help Action is long overdue. For months take place. A day later, some of Afri- of the European Community, ourselves, now, Mugabe’s thugs have savaged op- ca’s influential leaders called Mugabe and the U.N. itself. position politicians, civil society activ- out for the savagery of his intentions If Mugabe refuses to step down, both ists, and anyone else who dared to in this free election process. That has the Southern African Development dream of a peaceful end to his rein of now made it, thankfully, more difficult Community and the African Union terror. Villagers have literally been for him to try to disguise the violence should suspend Zimbabwe’s member- handed bullets by soldiers and told to as a struggle against postcolonial bul- ship immediately and consider apply- choose between democracy or their lying. Yesterday, that international ing their own sanctions. I met the lives. community demanded that he postpone other day with the ambassadors from Since the initial balloting in March, the runoff elections and negotiate with Botswana in South Africa and Zambia, the MDC—the Movement for Democ- Tsvangirai. and they agreed that if Mugabe stays racy—believes that at least 86 of its Just yesterday, on his 90th birthday, now in a situation where he has nul- supporters have been killed, over 10,000 Nelson Mandela lent his voice of moral lified unilaterally the ability to have have been injured, 2,000 unlawfully de- authority to condemn what he called an election, he is, in fact, an unconsti- tained, and 200,000 have fled their the ‘‘tragic failure of leadership in our tutional leader of the country. Under homes. In fact, the details of this cam- neighboring Zimbabwe.’’ Those are the charter of the African Union, the paign of violence and intimidation are strong words, and I think obviously Constitution, they would be completely even more horrifying than the statis- those words—coming from Nelson within their rights—in fact, it would be tics convey. Women have been burned Mandela, the former President of imperative that they move to isolate to death. Young men have been tor- South Africa and really founding Presi- him because he no longer would be a tured and dismembered, and the elderly dent of their democracy today—those legal leader of that country. have been savagely beaten. words diminish Mugabe’s legitimacy. The United States and the European In fact, it is hard to imagine a cam- Obviously, words aren’t going to save Union need to stand squarely alongside paign of political murder as brazen and Zimbabwe’s people. The international African governments in withdrawing visible to everybody as the one that community needs to take action, and it recognition from the illegitimate has been unleashed on unarmed inno- needs to take action that sends the re- Mugabe regime and impose additional cents, with a sense of complete inabil- gime in Zimbabwe a simple, unequivo- sanctions targeting his criminal cabal. ity to be touched by any civil forces cal message: Mugabe must go. If he Until recently, a few African leaders outside. Mugabe very matter of factly thinks only God can remove him and have proven to be an obstacle to the stated last week: shows such extraordinary disrespect crisis. South Africa’s President Thabo

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.028 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6188 CONGRESSIONAL RECORD — SENATE June 26, 2008 Mbeki is perhaps the most prominent We support other countries in the Mid- ghanistan, including at least 20 from example, sadly. I think many people dle East—Lebanon and others—that my home State of Pennsylvania. Over- had a much higher expectation of are struggling to have democracy. We all, violence has risen 27 percent in Af- President Mbeki. I have known him can’t be regionally selective about ghanistan in the past year, with a 39- and worked with him. I regret that in where the virtues of democracy make a percent increase in attacks in the east- this situation Mr. Mbeki has chosen to difference. In Africa, where for too long ern region—where most U.S. troops op- ignore the warnings of his predecessor people have been neglected, even aban- erate—and a 60-percent surge in and icon and of others. It has been doned—and too many times they be- Helmand province, where the Taliban some time now that the world has been lieve the rest of the world doesn’t resurgence has been the greatest. Sui- waiting for Thabo Mbeki in South Afri- care—this is an opportunity for us to cide bombings rose to 140 in 2007, com- ca to weigh in squarely with respect to send a different kind of message and pared with 5 between 2001 and 2005. Zimbabwe’s future. make a different kind of difference. I The news in recent days has also I believe President Mbeki is going to hope they will know that the free been especially troubling. Over the be judged by history for his response to world will stand with the aspirations of weekend, militants operating in sanc- this crisis. As the leader of the region’s those who are willing to risk their lives tuaries in Pakistan launched rocket powerhouse in the southern African to have a better future and to actually and artillery attacks into Afghanistan community, the development commu- give meaning, through our support, for killing four Afghan civilians, including nity’s mediator in this crisis, President free elections and democracy every- two children. NATO forces, whose pa- Mbeki still has an opportunity to turn where in the world. tience has been repeatedly tested by es- up the heat on Mugabe, while also help- I yield the floor. calating insurgent violence along the ing facilitate a respectable way out. The PRESIDING OFFICER. The Sen- Afghan-Pakistani border, have since The world cannot afford for President ator from Pennsylvania is recognized. retaliated by shelling guerrillas along Mbeki to remain out of step with other WINNING IN AFGHANISTAN the Pakistani border. countries in the region, not to mention Mr. CASEY. Mr. President, today, I Last week, hundreds of NATO and Af- his own political party, in condoning rise to convey my growing concern— ghan forces engaged in one of their big- Mugabe’s brutality. If he chooses to and I think the American people share gest battles in years against approxi- continue on this ineffectual path, then this concern—on an issue that the mately 400 Taliban fighters in President Mbeki will remain, in fact, three major television networks’ Kandahar. These fighters had bombed complicit in the tragic events in evening newscasts devoted just 46 min- the main city jail and freed hundreds of Zimbabwe and risk isolating himself utes of coverage to so far this year: their comrades. One report says that internationally, as well as in his own The war in Afghanistan. those who have been freed are among country. If Mugabe surrenders and a The White House has become dis- the most dangerous. genuinely democratic government, tracted and weighed down by the war These setbacks emerged as the Gov- committed to implementing the needed in Iraq. It has knowingly ignored deal- ernment Accountability Office, GAO, economic and political reforms, is ing with the real threats that endanger released its latest report concluding formed, Zimbabwe’s new leader will be American interests. It is time now to that despite spending $16.5 billion, the refocus our efforts and concentrate on Pentagon and State Department still left to pick up the pieces of an econ- the real front in the war on terror, and lack a ‘‘sustainable strategy’’ for de- omy that has been run into the ground it is time to get serious about winning veloping the Afghan National Security by Mugabe. Annual inflation is reportedly run- in Afghanistan. Forces. Only two of the Afghan Army’s The United States has one over- ning at over 150,000 percent. Unemploy- 105 units are fully capable of fulfilling arching priority when it comes to this ment stands at over 80 percent. Hunger their mission. No police unit is fully region: to ensure that al-Qaida or any grips 4 million people. An estimated capable. Today, I sent a letter to Sec- other terrorist group does not gain the 3,500 people die each week from hunger, retary Gates and Secretary Rice asking sanctuary it requires to plot, plan, or for answers on why our progress in disease, and other causes related to train for another terrorist attack on building Afghanistan’s security forces grinding poverty. The United States American soil or against our allies. is so stunted. and the international community must However, despite some 62,000 NATO I ask unanimous consent that this be prepared to provide a comprehen- troops in Afghanistan, including ap- letter be printed in the RECORD. sive, economic, and political recovery proximately 34,000 American forces, There being no objection, the mate- package that will help the people re- and more than 140,000 Afghan troops rial was ordered to be printed in the cover from so many years of abuse and and police, Taliban and al-Qaida forces RECORD, as follows: neglect. have regrouped and become stronger JUNE 26, 2008. Right now, our most urgent chal- over the past 2 years. Finding sanc- Hon. ROBERT M. GATES, lenge is to protect the innocent people tuary in the southern and eastern parts Secretary, Department of Defense, in Zimbabwe who have been devastated of the country and along the border Washington, DC. by violence, starvation or inadequate with Pakistan, Taliban and pro-al- Hon. CONDOLEEZZA RICE, access to essential care and services. Qaida forces are threatening to under- Secretary, Department of State, Washington, DC. We need to do that by pushing Africa’s mine hard-fought international efforts leaders to restore and expand humani- SECRETARY RICE AND SECRETARY GATES: I to bring stability and peace to Afghani- read with great concern the U.S. Govern- tarian aid, deploying a civil protection stan. ment Accountability Office’s (GAO) June force to prevent attacks, help victims, The assessment from our top experts 2008 report on the Afghan National Security and pursue vicious criminals. Matching in the field is bleak. Retired General Forces (ANSF). Despite investing approxi- words with action is a great challenge James L. Jones, who until the summer mately $16.5 billion to train and equip the of this body, the Senate, and particu- of 2006 served as the supreme allied Afghan army and police forces over the past larly it is the responsibility of this ad- commander of NATO, found in one re- six years, I am alarmed to learn that the United States still lacks a comprehensive ministration. This is a test for our col- port that: lective moral authority, our willing- interagency plan to build the Afghan army NATO is not winning in Afghanistan. . . and police. More troubling is the fact that ness to lead with our values, and a test Afghanistan remains a failing state. It could only two of 105 army units and zero police of whether we are going to send the become a failed state. units are considered fully capable of con- strong, necessary message to the peo- 2007 was the deadliest year since the ducting their primary mission. I am writing ple of Zimbabwe, and indeed the people fall of the Taliban, with over 6,000 peo- you today to ask a simple question: why are in all of Africa, that we support their ple killed. Violence continues in 2008. we so behind in this fundamental task? aspirations for a free and democratic Secretary Gates reported in May that Building sustainable peace requires having a national army and local police that can country. for the first time, more coalition provide and maintain security once inter- We are losing lives almost every sin- troops were killed in a month’s fight- national forces leave. In the case of Afghani- gle day in Iraq. We are spending $12 bil- ing in Afghanistan than in Iraq. stan, this is especially crucial as terrorists lion a month. We invaded that country, As of this week, at least 451 members could easily reestablish a safe haven. I recog- purportedly, to bring them democracy. of the U.S. military have died in Af- nize and appreciate that building capable

VerDate Aug 31 2005 03:32 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.029 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6189 and effective security forces is a difficult and is a strong spirit amongst Afghans and dence exists that Pakistani security complex undertaking, especially given the coalition troops to persevere in the forces have renewed their ties to the well-documented challenges we face in Af- face of overwhelming odds. Afghans do Taliban to preserve their options. ghanistan. However, this task must remain not want the Taliban to come back. We must redraw our map of this war an urgent priority at the highest levels of to include the border region between this Administration. The security services, They may be disappointed by the re- especially the local uniformed police, are the sults of President Karzai’s government Afghanistan and Pakistan. U.S. Army face of the Afghan Government and will de- and broken promises by the inter- COL Thomas Lynch, a leading Afghan termine the fate of security in Afghanistan. national community. But they have expert, has declared: I have several specific concerns regarding been fighting for over 30 years for The future of Afghanistan can be lost in our efforts to build and sustain the Afghan peace and stability. And they are not Afghanistan, but it can only be won in Paki- National Security Forces. going to stop now. Not when they are stan. First, the costs for maintaining the secu- this close to achieving those goals. GEN Dan McNeill, who briefed both rity forces are estimated at approximately $2 So it is now up to us to demonstrate Senator LEVIN and me when we were in billion per year. Given the Afghan govern- Afghanistan—he recently left after 16 ment’s limited financial capacity, are these true global leadership and finish what costs sustainable or will the international we started in 2001. This means, as the months of service commanding NATO’s community be supporting the Afghan army Afghanistan Study Group so aptly said, international security force—warned and police for the foreseeable future? replacing the ‘‘light’’ footprint ap- that success in Afghanistan would be Why is the United States’ timeline for proach this administration has taken impossible without a more robust mili- completion of a fully capable Afghan police with respect to Afghanistan with the tary campaign against insurgent ha- force (2012) different from the benchmark ‘‘right’’ footprint approach. vens in Pakistan. used by the Afghan government and the There is a common sentiment here in Second, we must take advantage of international community (2010)? Washington that what is needed the the opportunity to work with Afghan How are we effectively evaluating the ca- security forces. They remain nascent pability of the army and the police? How are most in Afghanistan is resources. If the Defense Department’s ‘‘capability mile- only we had more money, more troops, and fragile at this moment, but they stones’’ being evaluated? Too often, we are and more trainers on the ground, we have significant potential with the overly concerned with quantitative indices would see more positive results. proper investment of training, man- (i.e. number of troops, weapons, uniforms, It is true that we need to devote power, and equipment. As our military etc.) rather than taking a qualitative ap- more resources to Afghanistan. That is leaders in Afghanistan told me last proach. The United Nations Police (UNPOL) why I was pleased to see that the re- month, the Afghan army is made up of has begun developing a Rule of Law Index proud soldiers who want to fight for (ROLIX) to help qualitatively measure the cent international donors conference in Paris secured about $20 billion in com- their nation and who have a can-do progress of security sector institutions in spirit. But we must provide them the their work to establish the rule of law that mitments from more than 60 countries may be of great value here. and international institutions, includ- tools they need. We cannot underestimate the impor- The importance of civilian mentors in ing a previous pledge of $10.2 billion tance of properly training the Afghan building the Afghan security forces cannot from the United States. And that is security forces. Last week, a GAO re- be overstated. As the GAO has stated, inter- why I applaud Secretary Gates’ and port said: national peacekeeping efforts in Bosnia, Secretary Rice’s repeated efforts in Kosovo, and East Timor have shown that Brussels and other European capitals Without capable and self-sustaining Af- field-based training of local police by inter- ghan army and police forces, terrorists could national police mentors is critical to the to secure additional Allied troops for again create a safe haven in Afghanistan and success of establishing professional police the coalition in Afghanistan, troops jeopardize efforts by the United States and forces. Why is there still such a shortage of that are free to wage combat where international community to develop the police mentors? How will this be remedied? they are needed. We do need more to country. Equipment shortages plague both the Af- accomplish our mission. In particular, as Senator LEVIN and I ghan army and police. Combined Security But I do not want to engage in the recommended upon our return from Af- Transition Command—Afghanistan (CSTC– transatlantic blame-game of which ghanistan, we need to assist the Af- A) officials have stated that equipment country could be doing more because it shortages are due to competing U.S. prior- ghan army to take over responsibility ities in Iraq. Why are the Afghan security glosses over the underlying fault lines for border security functions in the ter- forces facing such massive equipment short- that have plagued our strategy in Af- ritory adjoining Pakistan. Today, a ages? Why is this not a major priority for ghanistan from day one. Ultimately, lightly armed Afghan border police pa- the U.S. government? the real problem is not just one of trols this vital region, and this border I look forward to reading your report to troops or money or resources. police remains underequipped and Congress on our efforts to assist the Govern- Rather, our mission in Afghanistan is underarmed. This is unacceptable. The ment of Afghanistan in increasing the size in jeopardy because we still have not United States and NATO allies should and capability of the Afghan Security defined our long-term U.S. strategic Forces, including assessments of key criteria work together with the Afghan army to for measuring the capabilities and readiness objective in Afghanistan and, by impli- assume that critical national security of the Afghan Security Forces. I cannot cation, across South Asia. function. overemphasize how important it is that we We have not linked our relevant mili- Finally, our strategy in both Afghan- get this right and not squander any further tary security operations to a political istan and Pakistan must focus on sus- opportunities to help build these basic insti- strategy, and, most importantly, we tained development assistance. Former tutions in Afghanistan. The security of the have not made a long-term strategic U.S. commander, GEN Karl Afghan and American people depends on it. commitment to Afghanistan in the Eikenberry, used to say, ‘‘The Taliban Mr. CASEY. The problems plaguing eyes of the Afghan people. We have de- begins where the roads end.’’ Afghanistan are well documented: a re- coupled Pakistan from Afghanistan in- Despite a massive influx of money surgence of pro-Taliban forces, a bur- stead of formulating a strategy that into Afghanistan, we are not moving geoning narcotics trade, rampant gov- would address the inherent and historic quickly enough to demonstrate to the ernment corruption, insufficient re- relationship between the two nations. Afghan people concrete results that sources for reconstruction, stalled de- It is time to reformulate our basic improve their lives—building roads, velopment, fragile political and secu- fundamentals on how to approach this schools, and hospitals. rity institutions, and sheer, mind- war. First and foremost, any strategy We need to decouple our military ac- numbing poverty. I spent a day in for turning the tide in Afghanistan tivities from reconstruction assistance Kabul last month, where I had the good must incorporate what is happening in and bring our development experts fortune of visiting with the chairman Pakistan. To date, this administration from the U.S. Agency for International of the Armed Services Committee, Sen- has not fully appreciated Pakistan’s se- Development to the table where they ator LEVIN, and even during this short curity paranoia and the duplicity it belong. Our development approach thus amount of time, the magnitude of the has generated. Fueled by a credible far has overrelied on private contrac- challenges we face there was clear. fear that the U.S. will once again leave tors whose goals, missions, and But what I also discovered is that de- Pakistan in the lurch, as it did in the timelines do not correspond with our spite these awesome challenges, there seventies and nineties, credible evi- own.

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.007 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6190 CONGRESSIONAL RECORD — SENATE June 26, 2008 I have one more paragraph. We have The fact is, the increased cost of oil from under that industry right now and to recognize that this battle against is the biggest driver behind the in- the agriculture that supports it and the extremism is not going to be won in 2 creased price of food. In other words, jobs in rural America that do the work, or 4 or 10 years. It is not going to be energy and how energy fits into the you are not going to have the next gen- won on the military battlefield. It is a food chain and the dramatic increase in eration. generational challenge, a battle for the the price of oil to $130, $140 a barrel is I sometimes think, even though I ages that will require significant re- the biggest driver in the increased blame the Grocery Manufacturers As- sources in basic human development. price of food. sociation because they announced this Extremists exploit poverty, ignorance, But we also have drought in wheat- campaign of scapegoating ethanol, that and anger. The task before us is to producing countries, such as Australia somehow it is not just the Grocery defuse the igniters of that anger before last year, adding to this increase. We Manufacturers Association. I cannot they explode in the form of another have also had increased demand by the help but think that big oil is back failed state in Afghanistan or a ter- middle class of China and India for there applauding everything the gro- rorist attack in the United States. meats in their diet to a greater extent cery manufacturers are doing. We have a great history in this coun- than ever before. Yet the grocery man- Until now, in fact, the only signifi- try of helping rebuild societies from ufacturers and their association have cant opposition to developing renew- ashes. It is time for a new Marshall focused the entire effort on ethanol. able fuels over the past 30 years has come from big oil. I was not afraid to Plan for Afghanistan, one that links They see ethanol and renewable fuels stand up to big oil over the last 30 the necessary resources with the right as the root cause and most vulnerable years, and I am not going to stand by institutional expertise. It is time for us to their attack. while the Grocery Manufacturers Asso- to do what we do best in the world. Even with oil at $135 a barrel, they ciation, with their smear tactics, de- In concluding, I go back to the work see their victory in undermining stroy what the American people have of the 9/11 Commission. In analyzing biofuels policies. It is important to been calling for—an industry so we can the many unexplored connections that note that biofuels are actually working produce renewable fuels. And because led to that fateful day, September 11, to lower the price of gasoline at the of our national defense, the stakes are 2001, the independent, bipartisan 9/11 pump. In fact, in Iowa, you can buy Commission found: too high. gasoline with biofuels in it for about 13 The Grocery Manufacturers Associa- The most important failure was one of cents a gallon cheaper than you can 100 imagination. We do not believe leaders un- tion’s efforts, if successful, will raise derstood the gravity of the threat. percent gasoline. prices at the pump in Iowa. I said 13 So while high energy costs are driv- That is what was said after 9/11. The cents higher if you have 100 percent ing increases in food prices, the gro- gasoline instead of 10 percent ethanol same can be said today. Our brave men cery manufacturers would have you be- and women, the troops and diplomats and 90 percent gasoline. And in the lieve that the solution is less energy who serve every day in Afghanistan get process, we would be increasing our de- supply. That is counterintuitive. pendence on foreign oil. Why not keep the picture. They see what this admin- The Grocery Manufacturers Associa- istration chooses to ignore. Failure in the money in the United States instead tion does not seem to care much about of spending $130 a barrel and sending it Afghanistan is not an option. Our na- facts. Their criticism and talking tional security, the safety of our fami- over to the Arabs where they will allow points are not based on sound science, lies here, depends on what we do in Af- terrorists to train against us? Is risk- sound economics, or even common ghanistan, and preventing another ter- ing our national and economic security sense. worth the bottom line of a few multi- rorist attack here depends on what While biofuels are easy to blame, it is happens in Afghanistan and all of million-dollar food companies? Don’t intellectually dishonest to make these South Asia. We cannot fail in Afghani- be fooled. Their campaign is not altru- claims. But maybe intellectual dishon- stan. istic. It came directly from their I yield the floor. esty does not make any difference to mouths that this campaign is about The PRESIDING OFFICER. The Sen- the Grocery Manufacturers Associa- their ‘‘bottom line.’’ ator from Iowa. tion. Where is the outrage? American con- They have indicated that they fully FOOD VS. FUEL sumers need to know that a few big Mr. GRASSLEY. Mr. President, for support advanced biofuels from bio- food companies are jeopardizing our ef- the past few weeks, I have been leading mass rather than food crops, and forts toward energy independence so an effort to dispel the myths sur- maybe with ethanol we think of that as that they can raise the price of food rounding the impact of biofuels poli- cellulosic ethanol, and of course, we and increase their profits. They want cies on our food prices. You may re- are all supportive of efforts to promote to do away with this industry and, in member that back on May 15, I came to the next generation of biofuels. But un- the process, as Iowa State University the Senate floor to announce to my dercutting the current industry is not tells us, without ethanol, gasoline colleagues that the campaign to smear the way to get fuels into that second would be on average about 30 cents ethanol is a well-funded and seemingly generation coming from biomass in- higher per gallon. If the increased price well-coordinated campaign. It is being stead of from grain. of energy goes up, and energy is the led by none other than the Grocery Those who are determined to pull the cause for about one-third of the in- Manufacturers Association. rug out from under today’s biofuels crease in the cost of food, then obvi- In the weeks since that floor state- should know that the next generation ously food is going to go yet higher. ment, I have been using every oppor- will not exist if the current generation We are on a path, from the stand- tunity I can to beat back this smear is undermined. point of national security and eco- campaign and inject the facts into the I hope the Grocery Manufacturers nomic security, to reduce our depend- debate. Association has taken notice that I am ence on oil from the likes of Venezuela Biofuels are being scapegoated for not going to sit quietly while they try and Iran. The Grocery Manufacturers rising wheat prices, even though the to undermine 30 years of public policy. Association wants to put the brakes on 2007 crop was the largest planted in 4 In other words, 30 years ago, we de- our efforts toward energy independ- years. Biofuels are being blamed for cided in this Congress we needed more ence. They apparently prefer putting the increased price of products such as emphasis on renewable fuels because our economic security in the hands of rice and bananas, which have no cor- God only made so much fossil fuel. So crazy people, such as the President of relation to corn production or our you have to get to what you are going Venezuela and the President of Iran, biofuels policies. to do postpetroleum, and it is renew- rather than putting their economic se- According to economists across the ables. Of course, conservation is the curity in the hands of American farm- administration, biofuels have caused a other part of that as well. ers growing renewable fuels. tiny fraction of the increase in global So 30 years ago, we started out with The Grocery Manufacturers Associa- and domestic food prices. They are also incentives for biofuels. It is still not a tion, through their president and CEO, responsible for only a small portion of mature industry, but it is maturing Cal Dooley, requested to have a meet- even the increase in the price of corn. very quickly. If you cut the legs out ing with me to discuss the impact of

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.041 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6191 food-to-fuel policies. Given the associa- I don’t know whether GMA encour- In my stead, however, the Grocery Manu- tion’s objectives to ‘‘obliterate what- aged these CEOs not to attend. My col- facturers Association and a number of other ever intellectual justification might leagues might find it amusing, how- organizations with similar concerns plan to still exist for their corn-based ethanol ever, that two companies declined my participate. I also unders1and GMA will ex- tend to you an invitation to attend the No- among policy elites’’—and that is what invitation with a form letter. The let- vember meeting of the GMA Board of Direc- their public relations firm said about ter from Mr. Conant, CEO of Camp- tors, where we can have a full and productive ethanol—I was pleased to accept bell’s, and the letter from Mr. MACKAY, discussion regarding our nation’s energy pol- former Congressman Dooley’s efforts to CEO of Kellogg’s, used the same text icy. talk to me about it. declining my invitation. Now isn’t that As you know, GMA is working with many U.S. Secretary of Agriculture Ed something? CEOs of two major compa- farm organizations, including the National Schafer was also kind enough to accept nies coming up with exactly the same Turkey Federation, the National Chicken Council, and the National Cattleman’s Beef my offer to participate in that meet- words in letters signed by them to de- ing. However, I thought to have a Association, to improve our federal food-to- cline. I don’t know who wrote it first, fuel policies by accelerating the development meaningful discussion on their cam- but I might expect CEOs of such pri- of biofuels made from crop wastes and other paign to smear ethanol and my jus- mary companies to be a little more energy feedstocks. Many experts have con- tification for renewable fuels, and so I original in their communication with cluded that cellulosic biofuels hold enormous requested the attendance of chief ex- me. It makes one wonder who wrote promise and will not pit our energy needs ecutives of 15 of the GMA’s member the letter. against the needs of food companies, live- companies. I thought it would be im- Mr. President, I ask unanimous con- stock farmers and consumers. The Campbell Soup Company strongly supports biofuel portant for the CEOs of these compa- sent to have printed in the RECORD at nies, who are members of the associa- policies that boost the income of farmers and the end of my remarks these two let- simultaneously meet the needs of food com- tion, to speak for themselves about the ters. panies and consumers. impact biofuel policies are having on The PRESIDING OFFICER. Without In light of growing prices for corn and their businesses. The companies them- objection, it is so ordered. other commodities, we support policies that selves are in a much better position to (See Exhibit 1.) will reduce the use of food and feed crops to explain why they believe the anti-eth- Mr. GRASSLEY. Mr. President, I am produce fuels. Although there are many fac- anol campaign they have underwritten going to keep pounding home the facts tors contributing to rising commodity would be warranted. So I invited the behind the relationship between food prices, federal policies that divert one-third prices and biofuels, because it is not of the U.S. corn crop is the only factor legis- CEOs of Campbell’s Soup, Del Monte lators have the power to change. Recent Foods, Lakeside Foods, Sarah Lee, supported by economics, it is not sup- studies by the World Bank, the United Na- Dean Foods, Hormel Foods, Procter & ported by common sense, and it is not tions, and America’s leading agricultural Gamble, Kellogg’s, Land O’Lakes, supported by sound science. The fact is, think tanks have linked rising commodity ConAgra Foods, General Mills, Kraft, biofuels are increasing our national se- prices to these federal food-to-fuel policies. Ralston Foods, Cargill, and Archer curity, biofuels are helping our balance Again, I thank you for your kind invita- Daniels Midland to come to the meet- of trade, and they are reducing our de- tion to join you and Secretary Schaffer to discuss these concerns and regret that I am ing. I expected to have many of the pendence on Middle East oil and the whims of big oil. Every barrel we use of unable to attend. If appropriate, I would be CEOs jump at the opportunity to tell happy to offer Kelly Johnston, Campbell’s me I am wrong. I thought I would hear biofuels is $135 not going to some for- Vice President—Government Affairs, whom firsthand how the increase in corn eign land where they train terrorists to you know, to represent our company. The prices was affecting the bottom line of kill Americans. Campbell Soup Company looks forward to General Mills or Kellogg’s or Kraft. So it is time we cleared the air, it is working with you and all interested parties Many of the CEOs I invited are mem- time we looked at the facts, and it is to craft sensible and sustainable energy pol- bers of that trade association’s board time we recognize, once again, that ev- icy. of directors. Naturally, I expected the erything about our domestic renewable Sincerely, fuel industry is good, good, good. I em- D.R. CONANT, CEOs to want to defend their associa- President and Chief Executive Officer. tion’s campaigns and its tactics. Unfor- phasize it is good for the environ- tunately, that is not what I got. Only ment—less CO2 in the air—it is good for KELLOGG COMPANY, one CEO—Chris Policinski of Land good jobs in rural America, because a Battle Creek, MI, June 17, 2008. O’Lakes—agreed to attend, and Cargill lot of these ethanol refineries are in CHARLES E. GRASSLEY offered a senior executive in place of rural America, where we never thought U.S. Senator, their CEO. But of 15 companies, only we would have good-paying jobs, and a Washington, DC. lot of these refineries respond to an- DEAR SENATOR GRASSLEY: Kellogg Com- one CEO thought it was worth their pany strongly supports biofuel policies that time to come to Washington and visit other problem—we don’t have enough boost the income of farmers and simulta- with me and Secretary of Agriculture oil refineries in this country. In a neously meet the needs of food companies Schafer about their trade association’s sense, every ethanol plant, every and consumers. I sincerely appreciate your campaign to smear ethanol. So I had biofuels plant is a refinery. It is good invitation to meet regarding these policies no choice but to cancel the meeting. for our national security, which I think on June 24th, Regrettably, I am unable to at- They have hired a high-priced public I have made very clear, and it is good tend. relations firm to coordinate their cam- for agriculture. It is good that we don’t In my stead, however, the Grocery Manu- facturers Association and a number of other paign. One would assume they believe have Government supporting surplus organizations with similar concerns plan to in the policies they are promoting. So grains. We are not having taxpayers’ participate. I also understand GMA will ex- why wouldn’t they take advantage of money go out to farmers. Farmers are tend to you an invitation to attend the No- this opportunity to convince Secretary getting their money from the market- vember meeting of the GMA Board of Direc- Schafer and me that we have it all place now that prices are higher. tors, where we can have a full and productive wrong? This is clearly a high priority So I don’t know how many times I discussion regarding our nation’s energy pol- for them. They seem to have invested a have to say it, but there are no nega- icy. tives about biofuels and everything As you know, GMA is working with many great deal in it, and a lot of dollars in farm organizations, including the National it. Why wouldn’t they attend the meet- about them is good, good, good. Turkey Federation, the National Chicken ing? Don’t they believe in what they EXHIBIT 1 Council, and the National Cattleman’s Beef are doing? CAMPBELL SOUP COMPANY, Association, to improve our federal food-to- It appears all they want to do is to Camden, NJ, June 18, 2008. fuel policies by accelerating the development give a thumbs-up to their trade asso- Hon. CHARLES GRASSLEY, of biofuels made from crop wastes and other ciation’s hiring of expensive PR firms U.S. Senate, energy feedstocks. Many experts have con- to do their dirty work, instead of en- Washington, DC. cluded that cellulosic biofuels hold enormous DEAR SENATOR: Thank you for your invita- tering into real dialog with those of us promise and will not pit our energy needs tion to meet regarding the relationship be- against the needs of food companies, live- who feel strongly that this country tween US biofuels policies and their impact stock farmers and consumers. needs a policy of renewable energy, and on commodity and food prices. Regrettably, In light of growing prices for corn and more renewable energy every day. I am unable to attend. other commodities, we support policies that

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.043 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6192 CONGRESSIONAL RECORD — SENATE June 26, 2008 will reduce the use of food and feed crops to and the Cold War that really trans- Frustrated by repeated legislative produce fuels. Although there are many fac- formed the face of Alaska, however. defeats, Alaskans decided to write a tors contributing to rising commodity Having a strategically critical location State constitution. This was done in prices, federal policies that divert one-third for both wars, Alaska saw a large in- 1955. We decided to do it to show the of the U.S. corn crop is the only factor legis- lators have the power to change. Recent crease in Federal money and popu- country that we were politically ma- studies by the World Bank, the United Na- lation in the 1930s and the 1940s. ture and genuinely ready for statehood. tions, and America’s leading agricultural While the aspiration for statehood After a 75-day Constitutional Con- think tanks have linked rising commodity had existed for many years and though vention at the University of Alaska prices to these federal food-to-fuel policies. Alaska had a delegate to Congress Fairbanks, a constitution was adopted Again, I thank you for your kind invita- since 1906, it was during this time pe- by the delegates and ratified by Alas- tion to join you and Secretary Schaffer to riod that a serious and motivated and kans. It was later described by the Na- discuss these concerns and regret that I am modern statehood movement rose up tional Municipal League as ‘‘one of the unable to attend. Kellogg Company looks and captured the attention of Alaskans forward to working with you and all inter- best, if not the best state constitutions ested parties to craft sensible and sustain- across the State. ever written.’’ The Alaska Statehood Committee able energy policy. The way it dealt with natural re- was formed in 1949. This committee of Sincerely, sources was particularly distinctive 11 Alaskans was bipartisan. No more A.D. DAVID MACKAY, and ingenious. The State’s natural re- than six could belong to the same President, sources were viewed as a public trust Chief Executive Officer. party, and at least two members had to come from each of the four judicial dis- and were required to be developed for Mr. GRASSLEY. Mr. President, I ‘‘maximum use consistent with the yield the floor, and I suggest the ab- tricts Alaska had at the time. They were given the task of publicizing and public interest [and] for the maximum sence of a quorum. benefit of its people.’’ Development The PRESIDING OFFICER. The educating the public on statehood, both in Alaska and nationally, as well based on ‘‘sustainable yield’’ was con- clerk will call the roll. stitutionally mandated. To this day, The legislative clerk proceeded to as framing a State constitution. the State continues to operate on this call the roll. As early as 1946, though, 3 years be- principle in our fisheries, minerals, fos- Ms. MURKOWSKI. Mr. President, I fore the Statehood Committee was sil fuel development, and our timber. ask unanimous consent that the order formed, there was a large majority of One example of the results of this pol- for the quorum call be rescinded. Americans who were already very sup- The PRESIDING OFFICER. Without portive of Alaskan statehood. A Gallup icy is that Alaska is the only region in objection, it is so ordered. Poll that year indicated that 64 percent the United States that has no over- Under the previous order, the time of Americans were in favor of state- fished fish stocks. until 2:15 is under the control of the hood, with only 12 percent opposed. Two years after the constitution was junior Senator from Alaska or her des- The percentage of supportive Ameri- ratified and 50 years ago, on May 28, ignee. cans grew to 81 percent by 1950. But the House of Representatives voted on The Senator from Alaska. even then, nearly a decade still re- the bill that would eventually confer ALASKAN STATEHOOD mained in what became a bitter battle statehood upon Alaska. The bill passed Ms. MURKOWSKI. Mr. President, against special interests. the House 210 to 166. The Senate passed today is an opportunity for us in the The wealthy salmon canning indus- it 64 to 20, and then President Eisen- next 45 minutes to talk about a cele- try was the primary lobbying group hower signed it into law. Over 15 years bration. We have had some pretty seri- that opposed statehood at the time. passed between April 2, 1943, when the ous business under discussion here on The salmon canners would put fish first bill was introduced, and June 30, the Senate Floor, and today I and my traps at the mouth of some of Alaska’s 1958, when the final bill was passed. We largest rivers, and they caught nearly were officially a State on January 3, colleague, Senator STEVENS, joined by others, rise to celebrate the 50th anni- 30 percent of Alaska’s salmon every 1959. versary of the Senate passage of the year, sending the yearly salmon catch I have been perusing the CONGRES- Alaska Statehood Act, the act which plummeting from 924 million pounds to SIONAL RECORD to kind of get a sense of eventually conveyed statehood upon 360 million pounds over a 20-year pe- the Senate debate at the time, the de- the great State of Alaska after a fight riod. Alaska was in a tough spot. They bate that preceded Alaska’s entry into for equal rights and representation were powerless to resist. With 99 per- the American Union. I am a born and that lasted literally decades. cent of the territory’s land owned by raised Alaskan. I have found the record After a long and contentious battle, the Federal Government and with very absolutely fascinating. It includes en- both in Congress and across the coun- little control over resource policy, the thusiastic and very passionate argu- try, the Senate passed the Alaska industry was pretty much free to dev- ments in favor of statehood but also Statehood Act 50 years ago, on June 30, astate one of the State’s most valuable countered by lawmakers who saw Alas- by a vote of 64 to 20. The act was signed renewable resources, and that was our ka’s entry into the Union as being a into law 7 days later by President Ei- Alaskan salmon. huge mistake. There is even an occa- This desire for a say in our own af- senhower, and Alaska officially became sional Communist threat reference, a fairs only grew the intense desire of a State on January 3, 1959. This was reminder that this debate occurred Alaskans to attain statehood for them- the headline in the Anchorage Daily against the backdrop of the Cold War. selves. The newspaper the New York News announcing, ‘‘We’re In.’’ Our ter- Some of the arguments against state- Journal-American summed up the situ- ritorial Governor, Mike Stepovich, hood included the fact that Alaska was ation this way: President Eisenhower, and Secretary not contiguous with the rest of the Seaton are in this photo that we look Alaska wants statehood with the fervor United States; Alaska was not suffi- men and women give to a transcendent ciently developed economically or po- to in our State’s very young history cause. An overwhelming number of men and with great fondness. women voters in the United States want litically to be ready for statehood. This year across the State, there will statehood for Alaska. This Nation needs There was also a reference to the fact be celebrations all over put on by com- Alaskan statehood to advance her defense, that Alaska doesn’t produce enough ag- munities, by clubs, by businesses, by sustain her security, and discharge her deep riculture. the State government. To help kick off moral obligation. There were provisions granting Fed- this celebration, I would like to briefly In 1950, after years of thwarted at- eral land to the State. They alleged it remember a little bit of the history of tempts to bring an Alaska statehood was a huge Federal giveaway, but keep a very rough journey toward statehood. bill to the floor of either Chamber of in mind that the Federal Government The territory of Alaska was bought Congress despite the strong support of still owns over half of the State of from Russia in 1867. I know many stu- President Truman, a bill actually got a Alaska. But really the argument cen- dents, when they are looking at their floor vote. It passed the House of Rep- tered around the concern that Alaska history books, learn that it was dubbed resentatives, but it failed over here in would be a huge burden on the Federal ‘‘Seward’s Folly.’’ It was World War II the Senate. Government financially.

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.022 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6193 Senator Richard Neuberger of Or- matter of fact, I was standing right be- two-thirds to stop debate. It was some- egon, who was a supporter and was pre- hind him at the time that photograph thing to behold, sitting in the gallery siding over the Senate during the his- was taken. as I did, to see the power of Senator toric Alaska statehood rollcall vote, I remember the debate here on the Scoop Jackson on the one hand and said that Alaska statehood would af- floor of the Senate on the Alaska state- Senator Norris Cotton on the other— ford the United States the opportunity hood bill. On the day the vote was Norris Cotton being a Republican from to show that ‘‘we practice what we taken, I was standing up where those New Hampshire, Scoop Jackson being a preach.’’ people are right now in the Press Gal- Democrat from Washington—guide Neuberger said: lery. That was unheard of, but I was that bill through the Senate and over- For decades we have preached democracy standing beside my good friend who come the filibuster that was led by my to the rest of the world, yet we have denied was the editor of the Fairbanks Daily late good friend Strom Thurmond. full self-government to our vast outposts to News-Miner, C.W. ‘‘Bill’’ Snedden. He It is a total tribute to the democracy the north, despite many assurances that had bought this newspaper. He pur- we represent that this enormous act of such would not be the case. chased it a few years before we got admitting a State—there had not been He continued on by saying: statehood, and he turned its policy another State admitted since Arizona The voice of America may talk of democ- around to support statehood. had been admitted in 1913. Here we racy, but its message will ring hollowly One of the things he created was a were in a post-World War II period, through the rest of the Free World if Amer- cartoon they put on the front page of when part of the momentum for our ica fails to practice democracy. In the cru- the paper every day. It was a small getting statehood was, in fact, the peo- cible of world opinion, we shall be tested by thing down at the bottom. This was ple who had served in the Armed deeds and not words. Statehood for Alaska will be a tangible deed. Sourdough Jack. Sourdough Jack had Forces and were stationed in Hawaii or wise sayings every day. This one day in Alaska—many of them had been sta- Among Alaska’s greatest friends in he published this, it was: tioned in the territories and went back the Senate were both Senators from All of the valid arguments against Alaska to the territories after they were re- Washington State, Henry ‘‘Scoop’’ statehood are listed in full on pages 2, 3, and leased from service after we won World Jackson and Warren Magnuson. Jack- 4. War II. son told his colleagues that the time All blank. That was the attitude of But this day, the day the Senate fi- was ‘‘past due’’ for the admission of Alaskans. There really was no valid op- nally passed this bill, was a unique one. Alaska to the Union, while Magnuson position to our becoming a State. The galleries were full. That is one said it in another way. He said: However, I think the Senate should reason I was up in the press gallery Alaska has sat impatiently in the ante- know what the Senate did then and the rather than over in the normal gallery room of history for 42 years. role of the Senate in Alaska becoming for visitors. But, very clearly, we knew These comments represent only a a State—and Hawaii, too, later the it was going to be a difficult day for us. fraction of the Alaska statehood debate same year. We had counted votes and all of the which began years before the last fron- Our delegate at that time in the rest trying to predict what was going tier became the 49th State, but still House of Representatives, Democrat to happen. But when it happened, I they offer some valuable perspective on Bob Bartlett, discovered an old rule in want the Senate to know, this was the challenges and obstacles our fore- the House that permitted matters of something significant that happened. fathers faced on the road to statehood. constitutional import to be taken to The people in that photograph, except A few of my colleagues will be join- the floor of the House and worked on for the President, gathered right out in ing us over the next half hour or so to solely by the Committee of the Whole the reception room of the Senate. Then help remember and reenact the debate of the House, bypassing the Rules Com- we went to—Republican and Demo- that occurred 50 years ago. I am grate- mittee. So after having tried since 1913 cratic alike—members and people from ful for their willingness to join me in into 1958 to get statehood, our delegate the gallery, we went to the then-chapel celebrating our 50th anniversary of the made the motion to bypass the Rules of the Senate, and we offered a prayer 49th star on the flag. Committee. With a vote of the House, to thank the people who had given us I mentioned that Alaska has been re- they approved going right to the floor this new right. ferred to as ‘‘Seward’s Folly.’’ I don’t with the Alaska statehood bill. That It was one of the most significant think many people know that we also was an achievement no one could even days that I can remember in my life. I were referred to as ‘‘Icebergia,’’ obvi- have expected. But it showed the power am proud of my colleague who has ously a reference to the colder environ- of the press at that time. The Amer- brought upon the Senate the idea of ment up there. But Alaska has since ican press took up the cudgel, they having some remembrance here of what made incredibly significant contribu- took up the sword to have both Alaska went on in those days. Our State has tions to our great Nation. I do not and Hawaii become States. It was real- become a State. We have developed our think anyone considers Alaska a folly. ly great to see Hearst and Luce and so economy to be one of the great pro- We provide 55 percent of America’s sea- many of the leaders of the newspaper ducers of natural resources. Many peo- food, we attracted 1.5 million tourists profession joined together to urge the ple have challenged that, and we are last summer to the State, and we have American people to swell up and de- currently blocked in exploring the been a stable domestic supplier of U.S. mand these bills be passed. Outer Continental Shelf off our State. oil needs for the past 30 years. As the bill passed the House and Two-thirds of the Continental Shelf of Alaska is proud to be ‘‘the Great came over here, there was a great prob- the United States is off our State. Land’’ in the greatest Nation in the lem because the Rules Committee Every well so far that has been tried world. I am privileged to represent its chairman made it very plain that if has been blocked. We have been people here in the United States. there was an attempt to have a con- blocked now for 25 years at getting the With that, I yield the floor to my ference committee on this bill admit- right. We thought we achieved it in the senior colleague, Senator STEVENS. ting Alaska to the Union, he would see 1980 act which set aside 1.5 million The PRESIDING OFFICER (Mr. to it that it would never see the light acres of the Arctic for oil and gas ex- SALAZAR). The senior Senator from of day in the House. So our job at that ploration and development. Alaska is recognized. time was to get the statehood bill I hope we will come to a time where Mr. STEVENS. I believe I have been passed by the Senate without one sin- we will realize the errors of our past allocated 20 minutes to speak. gle change—not a comma, no para- and we will find that the day will come The PRESIDING OFFICER. There is graphs, nothing altered, and nothing when the Arctic Coastal Plain will be no previous order. changed. opened. Once it is, the Alaska oil pipe- Mr. STEVENS. Mr. President, that I think the Senate today would ap- line, which was built to carry 2.1 mil- photograph brings back many memo- preciate that problem because those lion barrels a day—it is carrying less ries to me. The gentleman on the right were the days of the true filibusters. than 700,000 barrels a day now—will be was my employer at the time, the Sec- Those were the days before the current full. Because we know from 3–D seismic retary of Interior, Fred Seaton. As a rule on cloture. At that time, it took and from the well that was drilled,

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.045 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6194 CONGRESSIONAL RECORD — SENATE June 26, 2008 there is no question that there is oil on Alaska has four Senators because we on the grand old United States tradition. the Coastal Plain that some people call have a lot in common. We do not vote Alaska’s star has for too long been denied its ANWR. But the development of that together on issues of national issues, rightful place on the glorious flag of the United States of America. plain will bring us, both the Federal that is not a position. But when it Government and the State, billions of comes to the rights of our States, we Our delegate to the House of Rep- dollars that we want to dedicate to the have shown what can happen in the resentatives, Bob Bartlett and our development of renewable and alter- Congress of the United States when ‘‘Tennessee Plan’’ Senators and Rep- native resources. two delegations say: We are together. resentatives, and Alaskan pioneers Er- nest Gruening, Bill Egan and Ralph For instance, we have half the coal of And as new States, we deserve to be Rivers met with Members of Congress the United States. We should have recognized and treated as equal part- to convince them to support Alaska mine-mouth conversion for coal gasifi- ners in this Union. statehood. cation, coal liquefaction. I am proud to speak of the alliance After the House passed our statehood We have those magnificent five mili- that we have with Senators Inouye and bill on May 28, 1958, opponents in the tary bases in our State. They all need Akaka—that has been achieved in my Senate tried to stop the bill by attach- lots of energy. We have to find some almost 40 years here. ing controversial, unrelated amend- way to assure they will have energy for As I have said, Mr. President, for ments. our national defense. I think we are many days in June of 1958 I watched Our good friend from Washington, proceeding to the point that the Amer- from the gallery as the Senate debated Senator Henry ‘‘Scoop’’ Jackson led a ican people know what we must have; and finally passed the Alaska State- bipartisan effort to fend off changes to that is, we must have the right to pro- hood Act. That vote marked the end of the bill. ceed to develop our resources. our long and difficult road to self-de- In the 6 days of debate prior to the Fred Seaton, whose picture was pho- termination. vote, Senators carefully weighed the tographed there as the Secretary of the Alaska was my home. I had been U.S. prospect of granting statehood to Alas- Interior, was an appointed Senator Attorney in Fairbanks. Working in ka. from the State of Nebraska. He made Washington as Assistant to the Sec- Alaskans are proud of all we have ac- only one statement on the floor of the retary of the Interior, Fred Seaton, I complished in the 50 years since that Senate. He was absolutely convinced became involved in the battle for state- historic vote. that Alaska should become a State. hood. Through responsible development of Let me read a portion of what he Some Americans believed Alaska was our vast natural resources we are said: too remote and too politically imma- working to build a strong and vibrant Alaska is as deserving of statehood, and as ture to become a full partner in the economy. ready for statehood, and as greatly in need of Union. Prudhoe Bay and the 800 mile Trans- statehood, to come into her own, as were any Alaskans worked tirelessly to show Alaska Pipeline, completed in 1977, of the present States when it was their turn the American people and Congress that have delivered more than 15 billion before the bar of the Senate. the Union would benefit from Alaskan barrels of oil to the American econ- Let us deal with the American citizens in statehood. My friends, Bill Snedden, omy. Alaska no less generously in this manner publisher of the Fairbanks Daily News In 2007 alone, Alaska’s mining indus- than were our forbearers dealt with in their try contributed an export value of $1.1 respective territories. Alaska, like all other Miner, and Bob Atwood, publisher of the Anchorage Times, wrote to almost billion to the national economy. States will keep the faith and carry the Through science-based management, grand old United States tradition. Alaska’s every paper in the U.S. setting forth star has for too long been denied its rightful our positions for statehood and re- our fisheries have been protected and place on the glorious flag of the United questing support for our efforts. rehabilitated. Because of our success, States of America. Alaskans reached out to their friends Alaska’s fisheries management prin- We, as Alaskans, are proud of what and family in the lower 48 asking them ciples are now used as models for fish- we have done. From the days we be- to write their Senators requesting they eries across the country. Today half came a part of the United States in support statehood. our Nation’s total domestic seafood 1867 when Secretary Seward led the ne- Fifty-five men and women met at our production comes from Alaska. Modern water and sewer facilities gotiations to buy the Territory of Alas- constitutional convention in Fairbanks and health care clinics are now located ka from Russia for a mere 2 cents an and devoted themselves to creating in most rural Alaskan communities. acre, we have contributed substantially what has been called ‘‘the best state Through these and other projects and to the income, the resources, and to constitution ever written,’’ proving development of our natural resources, the well-being of our people. Alaskans had the political maturity to Alaskans are creating educational and We are the northern territory for the join our union. job opportunities in the most remote defense of this country. Our national I worked with the Secretary of the corners of our state. missile defense site at Fort Greely, AK, Interior, Fred Seaton, and members of Alaskans proved our strategic mili- has the capability of defending the the Eisenhower administration to ex- tary value to the Nation during WWII whole United States, 360 degrees plain the President’s support of Alaska when our Territorial Guard provided a around, from Maine to Florida, from being a State. first line of defense and protected the the tip of California to the tip of Alas- Six years earlier Secretary Seaton terminus of the lend lease Aerial ka. That national missile defense site had been a Senator from Nebraska. He Bridge at Fairbanks. defends America. served for only 1 year being appointed Today Alaskans welcome and support We have committed ourselves to sup- to fill the vacancy caused by the death the men and women of the 1st of the port those in uniform who defend this of Senator Wherry. In his first address 25th Stryker Brigade Combat Team country and defend our way of life. So to this body, Senator Seaton spoke based in Fairbanks, the 4th of the 25th I think this is a wonderful thing to cel- strongly in support of statehood for Airborne Brigade Combat Team based ebrate, the fact that the Senate took Alaska, recalling the doubts and objec- in Anchorage and the 11th Air Force the action it did in approving the basic tions raised when his own State of Ne- based at Elmendorf. approach of the House to take the ini- braska was struggling for statehood. They, and our Alaska National tiative to bring Alaska into the Union. Senator Seaton said: Guard, have served our Nation bravely We were followed by our great and Alaska is as deserving of statehood, and as in Afghanistan and Iraq and around the dear friends from Hawaii. And many ready for statehood, and as greatly in need of world. Our strong tradition of service people wonder why we are so close, statehood, to come into her own, as were any has resulted in more veterans per cap- those of us from Hawaii and Alaska. of the present States when it was their turn ita living in Alaska than in any other We represent offshore States. When we before the bar of the Senate. Let us deal with the American citizens in State. got here, many of the laws that applied Alaska no less generously in this matter While Alaskans have much to cele- to the 48 States did not apply to us. than were our forbearers dealt with in their brate on our 50th anniversary of state- The effect of our working together has respective territories. Alaska, like all the hood, we continue working to accom- been that Hawaii has four Senators and other States, will keep the faith and carry plish more.

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So as they celebrate across their resources, including oil and gas devel- Back in 1958, Alaska’s statehood had State I wish them a happy and a suc- opment on the arctic coastal plain and already been an issue for 42 years, and cessful future. I want to close by once our outer continental shelf, could also legislation to make it a State had been more quoting Senator Magnuson’s help deliver the energy needed to power introduced in every Congress since words to the people of Alaska. our Nation’s economy. 1943. He said: Recent estimates show that the arc- As Senator Jackson said in one We approve and commend your vision, un- tic coastal plain alone could deliver 1.5 speech that led up to that final vote derstand and believe your hopes, know that million barrels of oil a day to market that Congress had held 11 hearings, two your mission and goal can and will be and contribute billions of dollars in of them in Alaska, and others here in reached, so good luck and godspeed. corporate income tax revenues and roy- Washington, DC. And more than 4,000 Mr. CRAPO. Mr. President, I am hon- alties to the U.S. Treasury. pages of testimony had been published. ored to stand and speak today on the Alaskans began our journey to state- ‘‘It was time to put the issue to occasion of the 50th anniversary of the hood in 1867 when the Secretary of rest,’’ he argued, and I quote: legislation establishing Alaska as our State William Seward advocated for There can be no doubt that the record is 49th State. I continue a tradition of the purchase of the territory from Rus- complete. Our objective is statehood. It can sorts: A former Idaho Senator, Frank sia for a mere 2 cents an acre. At the be achieved now. Church, stood in this same chamber 50 time the decision was ridiculed as Those were the words of Senator years ago, May 5, 1958, to be exact, to ‘‘Seward’s folly.’’ Jackson back then. And as the debate call for Alaska’s statehood. Alaskans have worked hard to realize continued, Senators Magnuson and Let me begin, if I may, with the the full potential of our land and our Jackson were confident that Alaska words Senator Church recited that day: people. There is no doubt Alaskans was ready. Wild and wide are my borders, have lived up to the faith the Senate Senator Magnuson argued that with showed in us 50 years ago when it voted Stern as death is my sway, 180,000 citizens, Alaska had more resi- And I will wait for the men who will win to grant us statehood. Alaskans have dents than Missouri, Kansas, Arkansas, me— earned the name of our State, ‘‘the Alabama, Nevada, Idaho, and 21 other And I will not be won in a day; Great Land.’’ States when they were admitted into And I will not be won by weaklings, Ms. MURKOWSKI. Mr. President, I the Union. He pointed out to this body Subtle, suave and mild, want to thank my senior colleague for that Alaska was strategically located But by men with the hearts of Vikings his comments. It is rare that we have And the simple faith of a child; between the United States and the So- Desperate, strong and restless, an opportunity to speak from such per- viet Union and that it was home to two sonal knowledge about the battle for Unthrottled by fear or defeat, important military bases at the time statehood. Them I will guild with my treasure, right when the Cold War was esca- Them I will glut with my meat. As he spoke, I imagined Senator STE- lating. Send me the best of your breeding, VENS sitting up there in the galley He dismissed the argument that Lend me your chosen ones, watching this debate anxiously as the Alaska could not support itself as a Them I will take to my bosom, future of Alaska was being decided. So State because that argument had not Them I will call my sons. it is an honor to work with him rep- held up when it was used for his own These lines come from a poem enti- resenting the people of Alaska. But for State of Washington. tled, ‘‘The Law of the Yukon,’’ and him to be able to share this historical He said: were written by Robert W. Service, a perspective is wonderful. Our neighbors Alaskans feel confident that they can lick Canadian poet who traveled north, to the south in Washington have this problem as they have met and solved caught up in the fever of the Klondike worked with us on so many different others. I say, we should give them that op- Gold Rush. The poem was inspired by issues over the years. portunity. the majesty of the land of the North- As I mentioned in my comments, So in Senator Magnuson’s mind, the west Territories and the Alaska terri- Senator Jackson and Senator Magnu- controversy was very similar to a fam- tory, and for Senator Church set the son were big advocates for statehood ily argument about whether a child stage for an impassioned, intricately for the State of Alaska. was ready to leave home. He said: I am delighted that our colleague, argued plea for Alaska’s statehood. These United States, like fearful parents, Senator Church spoke that day of Senator MURRAY, has agreed to join us can waver further in indecision, and allow in talking about Alaska’s statehood. taxation without representation. He our lack of confidence to undermine Alas- referenced the treaty by which the The PRESIDING OFFICER. The Sen- kans and say, ‘‘You will be ready for state- ator from Washington. hood someday, but not now.’’ Or we can be United States acquired Alaska which Mrs. MURRAY. ‘‘Mr. President, let proud of Alaskans’ determination to strike said that the inhabitants of the Terri- us vote for the 49th star in the flag.’’ out for their true independence through tory ‘‘shall be admitted to the enjoy- Those were the words from the great their own real self government. ment of all the rights, advantages and Senator from the State of Washington, ‘‘The United States should follow immunities of citizens of the United Warren Magnuson, spoken on this floor through the second course,’’ Magnuson States, and shall be maintained and in 1958, just before this body finally said. protected in the free enjoyment of agreed to make Alaska one of the He said: their liberty.’’ Senator Church asked United States. The territory feels entitled to sit and de- this body the question: ‘‘Can it be that Today, I am very pleased to join our liberate with us—be one of us. Alaska wants ours, too, will be the error of the colleagues from the north in Alaska to to work out her own future, just as each of Roman senate, which sapped the vital- say a warm congratulations to the peo- the other 48 partners in our nation have been ity and strength from the Roman Re- ple of Alaska on this 50th anniversary allowed to do. Alaska’s hopes, aspirations, public, refusing to extend the right of and quiet self-confidence are understandable. franchise, until government became a of their statehood. Alaska’s statehood, She knows that her resources, her people, as you heard, was controversial a half and their combined potential spell a brilliant mockery, empty of empty of principle century ago. But I think time has prov- future. ...?’’ en that the United States is a greater Alaska has sat impatiently in the ante- Fortunately for the United States in Nation thanks to the Land of the Mid- room of history for 42 years. Alaska should this matter, right prevailed that year, night Sun. be a State. and those calling for Alaska’s state- As Senator MURKOWSKI has said, I am very proud of the role Washing- hood were vindicated in their tireless Washington State’s Senators, Warren ton’s two Senators played in this de- quest.

VerDate Aug 31 2005 03:32 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.031 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6196 CONGRESSIONAL RECORD — SENATE June 26, 2008 The admission of Alaska into the through trade and commerce has pro- good fortune—and it is good fortune— Union represents a rejection of the sta- vided issues on which we have worked to have visited every State in the tus quo, a manifestation of the very jointly. Again, I thank them for taking United States and the territories in my American tendency to look beyond the time to help Alaska commemorate nearly 82 years of wonderful life that what is to what could be, and Alaska its 50th anniversary celebration. the good Lord has given me. I would has exceeded all expectations. That I will tell my colleagues, as the first think every American would deem, historic 1958 debate about Alaska’s Senator serving in the Senate to ever every American who has a feeling for statehood mentions things familiar have been born in the State of Alaska— the outside and the magnificent beauty today which remain the backbone of I was actually born just a little bit be- of nature, that their education would Alaska’s economy and, by extension, fore statehood, born in the territory—I not be complete unless they visit Alas- are integral to the U.S. economy, salm- am fiercely passionate about my State. ka and see with their own eyes and on, oil and natural gas to name a few. My mother was born in the community breathe the air, see the water, all the Alaska enriched our inventory of pub- of Nome in the early 1930s, at a time magnificent beauty. I have enjoyed a lic land immeasurably: forests rich in when Alaska was pretty rough and number of trips to Alaska, largely wildlife; the majestic mountains of the tumble. My family on both sides was sponsored by my dear friend Senator Denali and the breathtaking flanks and involved in the issues that led to state- STEVENS, through the years. We have soaring peak of Mount McKinley; gla- hood. I am very proud of how we as a been there together many times, many ciers of incredible beauty; rivers teem- State have advanced over these 50 times in connection with the U.S. mili- ing with salmon; and bays and harbors years. To be able to recognize that tary, which finds a wonderful home in with orcas and other ocean wildlife. progress and then look forward with Alaska. Alaskans have taken such good Alaska holds beauty and riches beyond anticipation as we forge the next 50 care of them. measure above and below the land, riv- years, a State that has so much to But you have a great strength. Those ers and oceans. offer this country, not only our natural of us in the Senate are proud to serve Periodically, the U.S. Senate does resources but the ingenuity and re- with two fine Senators from the great something that, in the words of Sen- sourcefulness of our people, the fact State of Alaska. ator Church that year, falls outside the that our Alaska Natives per capita Mr. President, I ask at this point in realm of meeting exigencies of the serve at record numbers in our mili- time if I could address the FISA bill. Is present. When the Senate bestowed tary, providing for the defense of this that the pending business or may I ask statehood upon Alaska 50 years ago country, we are full participants in to speak on that business now? The PRESIDING OFFICER. The Sen- this week, it grasped the brief shining this great Nation. Even though our ge- ate is postcloture on the motion to pro- moment history had granted it and ography separates us, there is a sense ceed to the FISA bill. looked beyond partisan politics to do of patriotism and love for this country Mr. WARNER. So it is appropriate at something great and glorious for the that does not go without recognition. this time to deliver remarks with re- good of our Nation. I am honored to stand before the Sen- gard to that bill? I appreciate the Senator from Alas- ate today to celebrate the battle that The PRESIDING OFFICER. The Sen- ka’s invitation to speak during this led to statehood and the recognition of ator is correct. auspicious time in Alaska’s history. I decades of good work. Mr. WARNER. I thank the Chair. am proud of the role of Idaho law- I yield the floor. Mr. President, this is one of the most makers in the history of Alaska’s The PRESIDING OFFICER. The Sen- important subjects I have had the statehood, particularly Senator ator from Alaska. privilege of addressing in my 30-some Church, and also Congresswoman Mr. STEVENS. Mr. President, I ask years in the Senate. I and many others Gracie Pfost who also supported Alas- unanimous consent to print in the will rise in connection with this bill in ka’s statehood that year. In fact, an RECORD the names of distinguished support of the FISA Amendments Act. editorial in the Fairbanks News-Miner young Alaskans who have been per- It is a critical piece of legislation for on May 6, 1958 called Senator Church mitted to be on the floor today to wit- America’s present and future security. ‘‘one of Alaska’s greatest champions in ness the celebration of our 50th anni- It achieves an important balance be- Congress.’’ versary. tween protecting civil liberties and en- Idaho and Alaska will always have There being no objection, the mate- suring that our dedicated intelligence much in common. Both western Rocky rial was ordered to be printed in the professionals have the capabilities they Mountain States, we face similar land RECORD, as follows: need to protect this Nation. use, wildlife and natural resource SENATOR MURKOWSKI’S INTERNS AND THEIR Currently, Admiral McConnell is Di- issues and we both celebrate the stag- HOMETOWNS rector of our intelligence system. I gering beauty of our land. While Idaho Brian O’Leary—Kodiak, Rochelle have had the privilege of knowing him does have the largest amount of wilder- Hanscom—Fairbanks, Nychele Fischetti— for over 30 years, working with him. ness area in the continental United Anchorage, Taryn Moore—Anchorage, We are fortunate that he and General Lyndsey Haas—Petersburg, Kristen Coan— States, it is dwarfed, of course, by Palmer, Wes Stephel—Soldotna, Haleigh Hayden and many others are carrying Alaska which has the largest amount Zueger—Unalaska, Kelsey Eagle—Sitka, the torch for our Nation’s intelligence. of Federal land of any State. Idaho and Samantha Novak—Anchorage, Cameron They have worked very hard on this Alaska lawmakers can be proud of half Piscoya—Nome, and Alexis Krell—Wasilla. piece of legislation, as has my dear col- a century of working together for the SENATOR STEVENS’ INTERNS AND THEIR league from Missouri, Senator BOND. I good of our States, our constituents HOMETOWNS am on the Intelligence Committee. He and the mountain west. Bennett Clare—Nikiski, Castillo Serame— has done a splendid job in negotiating Congratulations, Senator MURKOWSKI Anchorage, Choi Claire—Anchorage, Downey the conference—hopefully, what will be and Senator STEVENS, on the birthday Michael—Anchorage, Hein Dyle—Juneau, a settlement. He was supported by our of your great State. Horstkoetter Paul—Anchorage, Johnsen, chairman, Senator ROCKEFELLER. It I yield the floor. Jakob—Fairbanks, Lettow Jaimee—Wasilla, has been a team, with the two of them The PRESIDING OFFICER. The Sen- Malmberg Cort—Kodiak, Syversen Karmel— achieving the juncture we are at now Anchorage, Alguire Coleman—Ketchikan, ator from Alaska. Eby Eryn—Anchorage, Gilman Rebecca— in the consideration of this bill. Ms. MURKOWSKI. Mr. President, I Kenai, Joynt Marshall—Wasilla, The bill ensures that the intelligence thank my colleague from the State of Kazmierczak Jessica—Salcha, Mallipudi An- capabilities provided by the Protect Idaho. As he indicated, Senator Church dres—Anchorage, Oh Samuel—Wasilla, America Act, enacted in August of 2007, was a great leader in the statehood Osterman Thomas—Kasilof, and Welch remain sealed in statute. I cannot over- fight. Idaho and Alaska have long since Alisha—Bethel. emphasize how important that is to en- maintained that good relationship The PRESIDING OFFICER. The Sen- suring our Nation’s security. I wish to from five decades ago. I also recognize ator from Virginia. underscore, once again, the importance the comments of Senator MURRAY from Mr. WARNER. Mr. President, I won- of legal protection for the tele- Washington. The relationship our two der if I could add a word to my two dis- communications carriers that have vol- States have had throughout the years tinguished colleagues. I have had the untarily—underline voluntarily—come

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.021 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6197 forth for the private sector and have (See exhibit 1.) Intelligence Committee’s carefully assisted our Government with the ter- Mr. WARNER. The letter discussed crafted and limited liability provision, rorist surveillance program, commonly the Senate Intelligence Committee’s which is very similar to the provision referred to as TSP, which was origi- extensive and bipartisan review of the in the bill currently before us, these nated and authorized by the President TSP, which included dozens of brief- three distinguished public servants— under appropriate sections, in my judg- ings, hearings, and interviews, as well now private citizens—said: ment, of the Constitution, particularly as extensive document reviews. As a re- We agree with the Committee. Dragging article II. sult of this more than 10-month com- phone companies through protracted litiga- I wish to emphasize that I was privi- prehensive examination, the com- tion would not only be unfair, but it would leged to be Secretary of the Navy in mittee concluded—and I quote what deter other companies and private citizens the period of the 1970s, when the All- from responding in terrorist emergencies was written and published to our col- whenever there may be uncertainty or level Volunteer Force was conceived. That leagues by the committee— risk. force of young men and women, each of Irrespective of one’s opinion of the Presi- Unfortunately, our committee has al- dent’s reliance on Article II authority to jus- whom raised their hands and said, I ready heard testimony that without volunteer to serve in uniform, is not tify the TSP, those companies that assisted with the TSP did so in good faith and based such protections, some companies be- unlike the issue today with elements of lieve they can no longer continue their corporate America, the private sector, upon the written— I repeat: ‘‘written representations’’— cooperation and assistance to our who have come forward to volunteer to American Government, particularly from the highest levels of government that assist this Government in performing the intelligence sections. the intelligence responsibilities under- the program was lawful. The Committee’s bill reported out on a strong, bipartisan vote Messrs. Civiletti, Thornburgh, and taken which guarantee the freedoms Webster also wrote: and safety we enjoy every day here at of 13–2— I wish to repeat that. That is a The government alone cannot protect us home. The extensive evidence made from the threats we face today. We must available to the Senate Intelligence strong vote. I have served on the Intel- have the help of all of our citizens. There Committee shows that carriers that ligence Committee. This is my third will be times when the lives of thousands of participated in this program relied tour of duty, you might say, given that Americans will depend on whether corpora- upon our Government’s assurances that we have, under our leadership, stipu- tions such as airlines or banks are willing to their actions were legal, authorized by lated periods to serve. That is a big, lend assistance. If we do not treat them fair- strong vote. At one time, I was ranking ly when they respond to assurances from the the President, and in the best interests highest levels of the government that their member, as is Mr. BOND, of that com- of the security of our Nation. help is legal and essential for saving lives, In brief, our Government provided mittee, and that is about as strong a then we will be radically reducing our soci- the carriers with essential assurances, vote as you can get among the diver- ety’s capacity to defend itself. and the carriers responded to our Gov- sity of the wonderful people who have, That is very strong language, very ernment’s request for help. These car- throughout my years in the Senate, clear language. I urge my colleagues, riers must be protected from costly and served on that committee. once again, to look at their article. damaging lawsuits. Such lawsuits [That vote] reflects our determination that As the Senate considers this bill, it could end the current level of partici- companies that cooperated with the govern- should reject any amendments which pation in the vital intelligence pro- ment in good faith should be protected from would put the carriers and their mil- grams by these carriers and will likely time-consuming and expensive litigation. It lions of shareholders in legal limbo, is a matter of fundamental fairness. deter other companies and private citi- waiting while the Government litigates zens who might like to step forward End quote by the committee. unrelated constitutional claims. Law- and volunteer in helping us protect Another item which played a key suits against the companies would like- ourselves by virtue of the essential in- role in my thinking about the issue ly continue in the interim which telligence we must monitor and collect was a thoughtful article published in a would: have negative ramifications on every day. After all, these carriers are newspaper by private citizens with past our intelligence sources and methods; corporations in most instances, if not distinguished careers in public service likely harm the business reputations of all. They are beholden, the executives relating to intelligence. The first is these companies; and cause the compa- of these corporations, to the stock- Benjamin Civiletti, U.S. Attorney Gen- nies to reconsider their participation— holders. That is the system of free en- eral under President Jimmy Carter; or worse—cause them to terminate terprise we have in the United States. followed by Dick Thornburgh, U.S. At- their cooperation in the future. Consequently, they, on behalf of their torney General under President George The Senate Intelligence Committee, stockholders—and the stockholders Herbert Walker Bush; and Judge Wil- by a vote of 13 to 2, stated its belief could be the pension funds, could be a liam Webster, a very distinguished gen- that the carriers acted in good faith stock held by any number of people and tleman I have known personally for and that they deserve to be protected. entities in our system of Government— many years, former Director of the CIA Clearly the issue of whether the are coming forth simply asking for and former Director of the Federal Bu- President acted within his constitu- codification of assurances having been reau of Investigation. tional authority in authorizing the given by the Government so they can Now, there are three diverse public TSP can and should be addressed in a go back to their stockholders and ex- servants, with different political back- separate context from this bill. plain that: We are doing this to protect grounds, but they came together for Even the exclusive means provision America. We now have, by virtue of the the common purpose of trying to in this bill favored by my Democratic actions of the Congress, signed and strengthen America’s intelligence sys- colleagues in the House and Senate ac- sealed by the President, the law that tem. The article, entitled ‘‘Surveil- knowledges the President’s constitu- will protect your interests in this lance Sanity,’’ appeared in the October tional authority in stating that certifi- country from lawsuits which have no 31, 2007, edition of the Wall Street cations to companies for assistance foundation in law. Journal. I have spoken on the floor pre- shall identify the statutory provision I would like to share a ‘‘Dear Col- viously about this article and their on which the certification is based, ‘‘if league’’ letter which all Members of contribution, but because of its direct a certification . . . is based on statu- our Chamber some months ago received relevance to the issue we are now delib- tory authority.’’ This clearly indicates from the esteemed chairman and vice erating on and hopefully will vote on that the certification could be based on chairman of the Intelligence Com- today, I ask unanimous consent that a the President’s constitutional author- mittee, Senators ROCKEFELLER and copy of the article be printed in the ity. BOND. RECORD following my remarks. But, even if one did not agree that I ask unanimous consent that the The PRESIDING OFFICER. Without the President acted within his Article full text of the letter be printed in the objection, it is so ordered. II powers, why would anyone want to RECORD following my remarks. (See exhibit 2.) punish the carriers for something the The PRESIDING OFFICER. Without Mr. WARNER. Let me share with you Government called on them to do and objection, it is so ordered. some of their thoughts. Regarding the assured them was legal?

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.050 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6198 CONGRESSIONAL RECORD — SENATE June 26, 2008 Individuals who believe that the Gov- [P]roviding this liability protection is crit- the Committee recognized that allowing the ernment violated the civil liberties can ical to the Nation’s security. current litigation to continue could: (1) com- pursue legal action against the Govern- They confirmed that the intelligence promise our intelligence sources and meth- ment, and the bill before us does noth- community cannot obtain the intel- ods through ongoing discovery and other liti- gation proceedings; (2) result in significant ing to limit that legal recourse. ligence it needs without—I repeat, loss of business reputation or financial loss As stated so eloquently by Messrs. without—the assistance from these for those companies that participated in Civiletti, Thornburg, and Webster, I carriers, companies, and other seg- good faith; (3) jeopardize the personal safety quote the following: ments of the private sector. They of overseas employees of these companies if Whether the government has acted prop- noted: it becomes known that the companies as- erly is a different question from whether a It is critical that any long-term FISA mod- sisted the government in fighting terrorism; private person has acted properly in respond- ernization legislation contain an effective li- (4) put taxpayers’ dollars at risk for dubious ing to the government’s call for help. . . . ability protection provision. legal claims; and (5) lead to reluctance by Because a private person cannot have all the these and other companies to cooperate with information necessary to assess the pro- It should be clear from this letter legitimate requests for assistance in the fu- priety of the government’s actions, he must that the Director of National Intel- ture. be able to rely on official assurances about ligence and the Attorney General of The substitution amendment sponsored by need and legality. the United States could not support Senators Specter and Whitehouse does not I strongly believe that the President the bill without explicit retroactive alleviate any of these concerns. Even if the companies are removed directly from the did act within his Article II executive legal protection for the carriers and other segments of the private sector. litigation, discovery would still be allowed branch authority in authorizing this to proceed against them. In short, the con- program. Even the exclusive means It is for these reasons that I urge my duct of the companies would continue to be provision in this bill favored by my colleagues to support H.R. 6304, the litigated, raising significant concerns that Democratic Colleagues in the House FISA Amendments Act, as passed by their identities or details about their assist- and Senate acknowledges the Presi- the House, and to vote against any ance will be disclosed. Given the essential dent’s constitutional authority in stat- amendments that intend to strip out or role that our private partners play in intel- ing that certifications to companies for alter the critical civil liability provi- ligence collection, we believe that this is simply too great a risk to our national secu- assistance shall identify the statutory sion or any other section of the bill that is essential to our intelligence rity. provision on which the certification is We believe, therefore, that the ongoing based ‘‘if a certification . . . is based on community. litigation against the telecommunication statutory authority.’’ This clearly in- Mr. President, I yield the floor. companies should be brought to an imme- dicates the certification could be based EXHIBIT 1 diate close and that the Intelligence Com- on the President’s constitutional au- U.S. SENATE, mittee’s bipartisan determination of good thority. SELECT COMMITTEE ON INTELLIGENCE, faith should stand. We urge you to support But even if one did not agree that the Washington, DC, February 1, 2008. the Intelligence Committee’s bill and oppose DEAR COLLEAGUES: The FISA Amendments any effort to modify or strike its civil liabil- President acted—acted—within the ity provision. confines of the U.S. Constitution—par- Act, S. 2248, provides limited and narrowly- drawn retroactive civil liability protection Sincerely, ticularly article II outlines the execu- to those telecommunication companies that JOHN D. ROCKEFELLER IV, tive branch’s power under the Presi- allegedly assisted the government with the Chairman. dent—why would anyone want to pun- President’s Terrorist Surveillance Program CHRISTOPHER S. BOND, ish the carriers for something the Gov- (TSP). An amendment has been offered to Vice Chairman. ernment called on them to do and as- this Act to strike these liability protections EXHIBIT 2 sured them was legal? Individuals who in favor of ‘‘substitution,’’ a legal mecha- [From the Wall Street Journal, Oct. 31, 2007] nism for replacing the companies in the on- believe the Government violated their SURVEILLANCE SANITY civil liberties can pursue legal action going TSP litigation with the government. The Senate Intelligence Committee con- (By Benjamin Civiletti, Dick Thornburgh against the Government, and the bill ducted a comprehensive and bipartisan re- and William Webster) before us does nothing—I repeat: does view of the President’s TSP, including the Following the terrorist attacks of Sept. 11, nothing—to prohibit a citizen to bring issue of carrier liability. The Committee re- 2001, President Bush authorized the National that legal recourse against their Gov- viewed numerous documents, including the Security Agency to target al Qaeda commu- ernment, the U.S. Government. Department of Justice legal opinions and the nications into and out of the country. Mr. As stated so eloquently in the letters from the government to the compa- Bush concluded that this was essential for Messrs. Civiletti, Thornburgh, and nies. The Committee held a number of brief- protecting the country, that using the For- Webster document, I further quote: ings and hearings involving government and eign Intelligence Surveillance Act would not company officials. The Committee also vis- permit the necessary speed and agility, and Whether the government has acted prop- ited the National Security Agency to see that he had the constitutional power to au- erly is a different question from whether a firsthand how the TSP worked. thorize such surveillance without court or- private person has acted properly in respond- As a result of this extensive review, the ders to defend the country. ing to the government’s call for help. . . . Be- Committee concluded that, irrespective of Since the program became public in 2006, cause a private person cannot have all the one’s opinion of the President’s reliance on Congress has been asserting appropriate information necessary to assess the pro- Article II authority to justify the TSP, those oversight. Few of those who learned the de- priety of the government’s actions, he must companies that assisted with the TSP did so tails of the program have criticized its ne- be able to rely on official assurances about in good faith and based upon the written rep- cessity. Instead, critics argued that if the need and legality. resentations from the highest levels of gov- president found FISA inadequate, he should I agree with the conclusions of these ernment that the program was lawful. have gone to Congress and gotten the three eminent private citizens. The Committee’s bill, reported out on a changes necessary to allow the program to I would like to also call your atten- strong, bipartisan vote of 13–2, reflects our proceed under court orders. That process is tion to an important letter sent last determination that companies that cooper- now underway. The administration has week—June 19, 2008—to Senate and ated with the government in good faith brought the program under FISA, and the should be protected from time-consuming Senate Intelligence Committee recently re- House leadership from the Attorney and expensive litigation. It is a matter of ported out a bill with a strong bipartisan General of the United States and the fundamental fairness. The Committee re- majority of 13–2, that would make the Director of National Intelligence—that jected the broad immunity proposal sought changes to FISA needed for the program to is GEN Michael Mukasey and ADM Mi- by the Administration. Our limited immu- continue. This bill is now being considered chael McConnell—two distinguished nity provision only covers assistance pro- by the Senate Judiciary Committee. public servants now serving America. vided from September 11th to when the TSP Public disclosure of the NSA program also Mr. President, I also ask unanimous was put under court authorization in Janu- brought a flood of class-action lawsuits seek- consent that this letter be printed in ary of last year. It does not provide protec- ing to impose massive liability on phone tion from criminal prosecution or extend companies for allegedly answering the gov- the RECORD following my remarks. protections to government officials. Any liti- ernment’s call for help. The Intelligence The PRESIDING OFFICER. Without gation against government officials will con- Committee has reviewed the program and objection, it is so ordered. tinue. has concluded that the companies deserve (See exhibit 3.) In concluding that civil liability protec- targeted protection from these suits. The Mr. WARNER. These gentlemen said: tion for those companies was appropriate, protection would extend only to activities

VerDate Aug 31 2005 05:49 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.024 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6199 undertaken after 9/11 until the beginning of tional powers—is not the kind of question a rected at foreign targets outside the United 2007, authorized by the president to defend private party can definitively determine. States, the bill provides that the Foreign In- the country from further terrorist attack, The companies were not in a position to say telligence Surveillance Court (FISC) would and pursuant to written assurances from the that the government was definitely wrong. review certifications made by the Attorney government that the activities were both au- Prior to FISA’s 1978 enactment, numerous General and the Director of National Intel- thorized by the president and legal. federal courts took it for granted that the ligence relating to these acquisitions, the We agree with the committee. Dragging president has constitutional power to con- reasonableness of the procedures used by the phone companies through protracted litiga- duct warrantless surveillance to protect the Intelligence Community to ensure the tar- tion would not only be unfair, but it would nation’s security. In 2002, the FISA Court of gets are overseas, and the minimization pro- deter other companies and private citizens Review, while not dealing directly with the cedures used to protect the privacy of Ameri- from responding in terrorist emergencies NSA program, stated that FISA could not cans. The scope of the FISC’s review is care- whenever there may be uncertainty or legal limit the president’s constitutional powers. fully and rightly crafted to focus on aspects risk. Given this, it cannot be said that the compa- of the acquisition that may affect the pri- The government alone cannot protect us nies acted in bad faith in relying on the gov- vacy rights of Americans so as not to confer from the threats we face today. We must ernment’s assurances of legality. quasi-constitutional rights on foreign terror- have the help of all our citizens. There will For hundreds of years our legal system has ists and other foreign intelligence targets be times when the lives of thousands of operated under the premise that, in a public outside the United States. Americans will depend on whether corpora- emergency, we want private citizens to re- We have been clear that any satisfactory tions such as airlines or banks are willing to spond to the government’s call for help un- bill could not require individual court orders lend assistance. If we do not treat companies less the citizen knows for sure that the gov- to target non-United States persons outside fairly when they respond to assurances from ernment is acting illegally. If Congress does the United States, nor could a bill establish the highest levels of the government that not act now, it would be basically saying a court-approval mechanism that would their help is legal and essential for saving that private citizens should only help when cause the Intelligence Community to lose lives, then we will be radically reducing our they are absolutely certain that all the gov- valuable foreign intelligence while awaiting society’s capacity to defend itself. ernment’s actions are legal. Given the such approval. H.R. 6304 would do neither This concern is particularly acute for our threats we face in today’s world, this would and would retain for the Intelligence Com- nation’s telecommunications companies. be a perilous policy. munity the speed and agility that it needs to America’s front line of defense against ter- EXHIBIT 3 protect the Nation. The bill would establish rorist attack is communications intel- a schedule for court approval of certifi- JUNE 19, 2008. ligence. When Americans put their loved cations and procedures relating to renewals Hon. NANCY PELOSI, Speaker, ones on planes, send their children to school, of existing acquisition authority. A critical House of Representatives, or ride through tunnels and over bridges, feature of the H.R. 6304 would allow existing Washington, DC. they are counting on the ‘‘early warning’’ acquisitions, which were the subject of court DEAR MADAM SPEAKER: This letter presents review under the Protect America Act or system of communications intelligence for the views of the Administration on the For- will be the subject of such review under the their safety. Communications technology eign Intelligence Surveillance Act of 1978 H.R. 6304, to continue pending court review. has become so complex that our country (‘‘FISA’’) Amendments Act of 2008 (H.R. With respect to new acquisitions, absent exi- needs the voluntary cooperation of the com- 6304). The bill would modernize FISA to re- panies. Without it, our intelligence efforts gent circumstances, Court review of new pro- flect changes in communications technology cedures and certifications would take place will be gravely damaged. since the Act was first passed 30 years ago. Whether the government has acted prop- before the Government begins the acquisi- The amendments would provide the Intel- erly is a different question from whether a tion. The exigent circumstances exception is ligence Community with the tools it needs to private person has acted properly in respond- critical to allowing the Intelligence Commu- collect the foreign intelligence necessary to ing to the government’s call for help. From nity to respond swiftly to changing cir- secure our Nation while protecting the civil its earliest days, the common law recognized cumstances when the Attorney General and liberties of Americans. The bill would also that when a public official calls on a citizen the Director of National Intelligence deter- provide the necessary legal protections for to help protect the community in an emer- mine that intelligence may be lost or not those companies sued because they are be- gency, the person has a duty to help and timely acquired. Such exigent circumstances lieved to have helped the Government pre- should be immune from being hauled into could arise in certain situations where an vent terrorist attacks in the aftermath of court unless it was clear beyond doubt that unexpected gap has opened in our intel- September 11. Because this bill accomplishes the public official was acting illegally. Be- ligence collection efforts. Taken together, these two goals essential to any effort to cause a private person cannot have all the these provisions would enable the Intel- modernize FISA, we strongly support pas- information necessary to assess the pro- ligence Community to keep closed the intel- sage of this bill and will recommend that the priety of the government’s actions, he must ligence gaps that existed before the passage President sign it. of the Protect America Act and ensure that be able to rely on official assurances about Last August, Congress took an important it will have the opportunity to collect crit- need and legality. Immunity is designed to step toward modernizing FISA by enacting ical foreign intelligence information in the avoid the burden of protracted litigation, be- the Protect America Act of 2007. That Act al- future. cause the prospect of such litigation itself is lowed us temporarily to close intelligence enough to deter citizens from providing Exclusive means. H.R. 6304 contains an ex- gaps by enabling our intelligence profes- clusive means provision that goes beyond the critically needed assistance. sionals to collect, without having to first ob- As the Intelligence Committee found, the exclusive means provision that was passed as tain a court order, foreign intelligence infor- companies clearly acted in ‘‘good faith.’’ The part of FISA. As we have previously stated, mation from targets overseas. The Act has situation is one in which immunity has tra- we believe that the provision will complicate enabled us to gather significant intelligence ditionally been applied, and thus protection the ability of Congress to pass, in an emer- critical to protecting our Nation. It has also from this litigation is justified. gency situation, a law to authorize imme- First, the circumstances clearly showed been implemented in a responsible way, sub- diate collection of communications in the that there was a bona fide threat to ‘‘na- ject to extensive executive, congressional, aftermath of an attack or in response to a tional security.’’ We had suffered the most and judicial oversight in order to protect the grave threat to the national security. Unlike devastating attacks in our history, and Con- country in a manner consistent with safe- other versions of this provision, however, the gress had declared the attacks ‘‘continue to guarding Americans’ civil liberties. Since one in this bill would not restrict the au- pose an unusual and extraordinary threat’’ passage of the Act, the Administration has thority of the Government to conduct nec- to the country. It would have been entirely worked closely with Congress to address the essary surveillance for intelligence and law reasonable for the companies to credit gov- need for longterm FISA modernization. This enforcement purposes in a way that would ernment representations that the nation joint effort has involved compromises on harm national security. faced grave and immediate threat and that both sides, but we believe that it has re- Oversight and Protections for the Civil Lib- their help was needed to protect American sulted in a strong bill that will place the Na- erties of Americans. H.R. 6304 contains numer- lives. tion’s foreign intelligence effort in this area ous provisions that protect the civil liberties Second, the bill’s protections only apply if on a firm, long-term foundation. Below, we of Americans and allow for extensive execu- assistance was given in response to the presi- have set forth our views on certain impor- tive, congressional, and judicial oversight of dent’s personal authorization, communicated tant provisions of H.R. 6304. the use of the authorities. The bill would re- in writing along with assurances of legality. TITLE I—FOREIGN INTELLIGENCE SURVEILLANCE quire the Attorney General and the Director That is more than is required by FISA, Title I of H.R. 6304 contains key authori- of National Intelligence to conduct semi- which contains a safe-harbor authorizing as- ties that would ensure that our intelligence annual assessments of compliance with tar- sistance based solely on a certification by agencies have the tools they need to collect geting procedures and minimization proce- the attorney general, his designee, or a host vital foreign intelligence information and dures and to submit those assessments to the of more junior law enforcement officials that would provide significant safeguards for the FISC and to Congress. The FISC and Con- no warrant is required. civil liberties of Americans. gress would also receive annual reviews re- Third, the ultimate legal issue—whether Court Approval. With respect to authoriza- lating to those acquisitions prepared by the the president was acting within his constitu- tions for foreign intelligence surveillance di- heads of agencies that use the authorities

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.027 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6200 CONGRESSIONAL RECORD — SENATE June 26, 2008 contained in the bill. Congress would receive mittee also recognized that companies in the The PRESIDING OFFICER. Without reviews from the Inspectors General of these future may be less willing to assist the Gov- objection, it is so ordered. agencies and of the Department of Justice ernment if they face the threat of private Ms. STABENOW. Thank you, Mr. regarding compliance with the provisions of lawsuits each time they are believed to have President. the bill. In addition, the bill would require provided assistance. Finally, allowing litiga- the Attorney General to submit to Congress tion over these matters risks the disclosure MEDICARE IMPROVEMENTS FOR PATIENTS AND a report at least semiannually concerning of highly classified information regarding in- PROVIDERS ACT the implementation of the authorities pro- telligence sources and methods. As we have We are at a critical point today for 44 vided by the bill and would expand the cat- stated on many occasions, it is critical that million Medicare beneficiaries—sen- egories of FISA-related court documents any long-term FISA modernization legisla- iors, people with disabilities—and the that the Government must provide to the tion contain an effective liability protection physicians, the health care providers, congressional intelligence and judiciary provision. H.R. 6304 contains just such a pro- who serve them. We are at a critical committees. vision and for this reason, as well as those point. Title I also includes provisions that would expressed with respect to Title I above, we I am very hopeful we are not going to protect the civil liberties of Americans. For strongly support its passage. see this number go up—the number of instance, the bill would require for the first III. TITLE III—REVIEW OF PREVIOUS ACTIONS filibusters that have been done on the time that a court order be obtained to con- Title III would require the Inspectors Gen- duct foreign intelligence surveillance outside eral of the Department of Justice, the Office other side of the aisle. I am very hope- the United States of an American abroad. of the Director of National Intelligence, and ful this number is not going to go from Historically, Executive Branch procedures of certain elements of the Intelligence Com- 78 to 79 over the Medicare legislation guided the conduct of surveillance of a U.S. munity to review certain communications that is in front of us. person overseas, such as when a U.S. person surveillance activities, including the Ter- We have already seen a filibuster in a acts as an agent of a foreign power, e.g., spy- rorist Surveillance Program described by the successful effort to stop the Medicare ing on behalf of a foreign government. Given President. Although improvements have bill that would make sure that the 10- the complexity of extending judicial review been made over prior versions of this provi- percent cut for physicians does not to activities outside the United States, these sion, we believe, as we have written before, provisions were carefully crafted with Con- that it is unnecessary in light of the Inspec- take place and that other preventative gress to ensure that such review can be ac- tor General reviews previously completed, and other access issues are addressed. complished while preserving the necessary those already underway, and the congres- That is already part of these 78 filibus- flexibility for intelligence operations. Other sional intelligence and judiciary committee ters. We have already seen the Medi- provisions of the bill address concerns that oversight already conducted. Nevertheless, care bill filibustered. some voiced about the Protect America Act, we do not believe that, as currently drafted, But today we are hopeful, based on such as clarifying that the Government can- the provision would create unacceptable the wonderful bipartisan vote of 355 not ‘‘reverse target’’ without a court order operational concerns. The bill contains im- Members of the House of Representa- and requiring that the Attorney General es- portant provisions to make clear that such tablish guidelines to prevent this from oc- reviews should not duplicate reviews already tives, that as we come back with their curring. We believe that, taken together, conducted by Inspectors General. bill that was passed—and I should men- these provisions will allow for ample over- IV. TITLE IV—OTHER PROVISIONS tion, based on the bill that was crafted sight of the use of these new authorities and Title IV contains important provisions by Senator BAUCUS; and I wish to give ensure that the privacy and civil liberties of that will ensure that the transition between him tremendous credit for all the hard Americans are well protected. the current authorities and the authorities work he has done; and I am proud to be II. TITLE II—PROTECTIONS FOR ELECTRONIC provided in this bill will not have a detri- a member of the Finance Committee, COMMUNICATIONS SERVICE PROVIDERS mental effect on intelligence operations. as the distinguished Presiding Officer Title II of the bill contains, among other Title IV also states that the authorities in the bill sunset at the end 2012. We have long is—but the House, based on the work of provisions, vital protections for electronic the Senate, as well, has passed, with communications service providers who assist favored permanent modernization of FISA. the Intelligence Community’s efforts to pro- The Intelligence Community operates more 355 votes, on a bipartisan basis, a bill tect the Nation from terrorism and other effectively when the rules governing our in- to make sure 44 million seniors and foreign intelligence threats. Title II would telligence professionals’ ability to track our people with disabilities do not find provide liability protection related to future enemies are firmly established. Stability of themselves worse off as it relates to assistance while ensuring the protection of law also allows the Intelligence Community being able to get a doctor or being able sources and methods. Importantly, the bill to invest resources appropriately. Congress to get the care they need. has extensively debated and considered the would also provide the necessary legal pro- So we are at a crossroads right now. tection for those companies who are sued need to modernize FISA since 2006, a process that has involved numerous hearings, brief- The time is up. As of next Tuesday, only because they are believed to have July 1, a cut will take effect if we do helped the Government with communica- ings, and floor debates. The process has been tions intelligence activities in the aftermath valuable and necessary, but it has also in- not act. On top of that, we will not see of September 11, 2001. volved the discussion in open settings of ex- the other beneficial parts of this bill The framework contained in the bill for ob- traordinary information dealing with sen- take effect for our seniors, for people taining retroactive liability protection is sitive intelligence operations. Every time we with disabilities, for their families. So narrowly tailored. An action must be dis- repeat this process it risks exposing our in- telligence sources and methods to our adver- we are now at a point where it is deci- missed if the Attorney General certifies to sionmaking time. The House has acted. the district court in which the action is saries. Although we would prefer that H.R. 6304 contain no sunset, a sunset in 2012 is sig- It is my understanding they will, in pending that either: (i) the electronic com- nificantly longer than others that were pro- fact, be adjourning at the end of today, munications service provider did not provide posed and it is long enough to avoid impair- the assistance; or (ii) the assistance was pro- and we will be in a situation to either ing the effectiveness of intelligence oper- vided in the wake of the September 11 attack act, based on a strong bipartisan vote ations. and a tremendous amount of work that and was the subject of a written request or Thank you for the opportunity to present series of requests from a senior Government our views on this crucial bill. We reiterate has been done in the Senate, or we will official indicating that the activity was au- our sincere appreciation to the Congress for see devastating consequences in the thorized by the President and determined to working with us on H.R. 6304, a long-term Medicare system. be lawful. The district court would be re- FISA modernization bill that will strengthen I do not want to see this number go quired to review this certification before dis- the Nation’s intelligence capabilities while from 78 to 79 because of a filibuster on missing the action, and the provision allows respecting and protecting the constitutional a critically important Medicare bill. for the participation of the parties to the rights of Americans. We strongly support its lawsuit in a manner consistent with the pro- That is what we are talking about. prompt passage. This legislation itself is good public tection of classified information. The liabil- Sincerely, ity protection provision does not extend to MICHAEL B. MUKASEY, policy. That is why it received the 355 the Government or to Government officials Attorney General. votes that it did, because it not only and it does not immunize any criminal con- J.M. MCCONNELL, stops the cut, the 10-percent cut that is duct. Director of National Intelligence. scheduled to take place next Tuesday, Providing this liability protection is crit- July 1—which, by the way, is the result ical to the Nation’s security. As the Senate The PRESIDING OFFICER. The Sen- Select Committee on Intelligence recog- ator from Michigan. of a fatally flawed sustainable growth nized, ‘‘the intelligence community cannot Ms. STABENOW. Mr. President, I ask rate formula, which I have talked obtain the intelligence it needs without as- unanimous consent to speak as in about many times on this floor—we sistance from these companies.’’ That com- morning business. have to change the way what is called

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.010 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6201 the SGR is set up in terms of physician through the health care system. We all 16 women Members. We have co- payments—this would not only stop a have had the opportunity to see how sponsored the HEART for Women Act, major cut for physicians that trans- well telemedicine works for all of our which begins to gather gender and race lates into cuts in service for Medicare seniors, for people with disabilities, for data to determine gaps in coverage beneficiaries, but it also does some families in general in the UP, as well around heart disease. We are now using other very important things that re- as in northern Michigan and all around similar language in the Medicare bill late to increasing service. Michigan, including our rural commu- to collect more data for researchers First, let me say that if the cut were nities, as well as in many of our urban about disparities around health treat- to take effect, we are talking about in communities. Telehealth is very im- ments and so on. Michigan alone losing $540 million— portant and it is expanded in this Medi- The bottom line is this is a must-pass $540 million—for the care of seniors and care bill with more access to care. bill, and we need to pass it now. Time people with disabilities over the next 18 We also address the first building is running out. In fact, in my mind, months—only 18 months, $540 million, block of health information tech- time has run out. It is now time to act if we do not act before next Tuesday. nology, and that is e-prescribing. There today. When our leader, Senator REID, Right now, as to the 20,000 M.D.s and are incentives for physicians to use e- who is very committed to this legisla- D.O.s in Michigan who provide high- prescribing and there is accountability tion, committed to Medicare, came to quality care to 1.4 million seniors and in that arena. This is another area I the floor and asked for unanimous con- people with disabilities and the over have to say that I am proud of my sent to be able to take up the Medicare 90,000 TRICARE beneficiaries—our men State of Michigan for, because we have bill, there were objections again. I am and women in the military—we would spent a lot of time and effort, and we very concerned that those objections see cutbacks in their staffing, in their have gotten real results for people, in are going to be leading to another fili- ability to provide service. terms of saving lives and saving money buster, another filibuster vote coming I have heard so many stories from as it relates to e-prescribing. We have a in the next day or few days. physicians’ practices about what all of group called the Southeastern Michi- I hope colleagues are aware that the this means. At a time when more and gan E-prescribing Initiative, our auto American Medical Association strongly more people are going into Medicare, industry, the United Auto Workers, supports this bill and has been actively as our country is aging, we do not need BlueCross and BlueShield, and many of involved in promoting the bill and urg- to see cutbacks that mean there are our businesses and providers have come ing all of us to support the bill. The fewer physicians available to treat our together and found extraordinary re- AARP, a leading seniors’ organization, senior citizens and people with disabil- sults. has endorsed the House bill as well. I ities. That is what that means. That is One of the things that I think is so will read a portion of their letter. what this will mean if we do not act. important about e-prescribing is when AARP’s letter notes: Additionally, the bill provides impor- you have an e-prescribing system, an Our members have also stressed strong in- tant and meaningful protections. We electronic system where your current terest in knowing how their elected officials are looking at increasing help for low- medicines can then be compared with vote on key issues that affect older Ameri- income seniors, low-income individuals any new prescription that the physi- cans. Given the importance of the Medicare on Medicare who will be able to get ad- cian wishes to write, they are finding legislation, we will be informing them how ditional assistance. It also improves very important safety and quality re- their Senators vote on this legislation when coordination in a number of areas and sults. For instance, 423,000 prescrip- it comes to the Senate floor. addresses what we call mental health tions that were originally written by There is great concern among people parity—being able to make sure that physicians were changed or canceled by around the country watching and wait- mental health services are treated in the doctor once they received very im- ing. People are asking what is taking the same way as public health services. portant information about potential al- us so long and why haven’t we acted. This is something we have gone on lergic reactions or some other inter- We have legislation that we worked record to address in this body in a bi- action with the other medicines their through on a bipartisan basis here in partisan basis on more than one occa- patient was on. So this is very impor- the Senate, and it has now passed by sion. In this Medicare bill, we address tant information that is available. We 355 votes in the House of Representa- discrepancies between mental health also know that 39 percent of the time, tives. You can’t get much better than services and physical health services, the physician, given more information, that vote. This bill has now come over all of which are the same thing, in my changed the prescription to save the to us and it is time for us to act. mind. This is a continuum of care in patient and the employer money; being I thank again Chairman BAUCUS for terms of health care. But that is ad- able to offer the option of more generic his leadership and his hard work. I also dressed in this bill and has very strong drugs. So there are huge benefits to e- thank my good friends in the House, support. prescribing. On top of that, you can Chairman RANGEL and Chairman DIN- The bill also addresses very impor- read the physician’s handwriting, and I GELL, for their work on behalf of Medi- tant investments in technology for the say that lovingly to all of my physi- care beneficiaries and physicians. I future—investments that won’t take cian friends. stand squarely behind this bill. I was place, such as electronic medical But we are in a situation now where proud to introduce legislation a num- records that will not be developed if, in we have a bill in front of us that not ber of months back to address the ques- fact, we see huge cuts in Medicare, only stops cuts that would be dev- tion of physician payment and the need rather than investing in the future and astating but looks to the future in to change the process and the way this investing in technology. terms of electronic e-prescribing, in is done fundamentally. I am so pleased The legislation in front of us would terms of telehealth, preventive serv- that the bill in front of us mirrors the do two things in the area of tech- ices, helping low-income seniors and 18-month bill I introduced and adds to nology. We would provide additional people with disabilities, being able to it some critically important changes, opportunities for telehealth—more pro- provide mental health parity; a number critically important incentives to mod- viders, more facilities that would be of areas that while they overall are low ernize the system with telehealth and able to use and be reimbursed for tele- in cost are huge in benefit in terms of more access to health care, modernize health—and we focus on e-prescribing, savings lives. In fact, there are many the system as it relates to electronic which is the first stage of health infor- places in this bill where we are talking prescribing, and does more to make mation technology, bringing it into the about saving dollars at the same time sure our low-income seniors receive the 21st century in terms of our health we are saving lives. help they need, and makes sure that we care system and technology. I am also very pleased with the fact are, in fact, providing a more equitable I am very proud of Michigan. We that the bill addresses a number of system where mental health and phys- have been one of the leaders in both of health disparities that face those who ical health payments and services are these areas. In telehealth, in the upper receive Medicare based on the legisla- looked at in the same kind of way. This peninsula of Michigan, we have had 15 tion I have introduced with, in fact, all is very important. Focusing more on counties that have been connected of the women Members of the Senate— prevention is very important.

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.053 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6202 CONGRESSIONAL RECORD — SENATE June 26, 2008 The bottom line is we have 44 million While [the] KC–767 offers significant capa- personnel, and equipment to the battle- Americans who rely on Medicare every bilities, the overall tanker/airlift mission is field knows the critical need for as day. Medicare is a great American suc- best supported by the KC–30. much airlift capability as they can cess story. It passed in 1965. It is a The Northrop team. have. These refueling tankers can also great American success story that has They go on to say: serve as a cargo aircraft and a troop brought healthier lives through better [The] KC–30 solution is superior in the core movement aircraft. Clearly, the Nor- medical care as well as opportunities capabilities of fuel capacity/offload, airlift throp Grumman aircraft is more ad- for longer lives for millions and mil- efficiency, and cargo/passenger/aeromedical vantageous, according to the Air lions of Americans. Access to those carriage. Force’s professional finding. And that services is jeopardized seriously if we On the most important factors, the was approved by the GAO’s analysis. do not pass this bill. The ability to ex- core capabilities, they found that the The GAO also found and upheld the pand on services and prevention is also Northrop team’s aircraft was superior. Air Force’s holding that Northrop in jeopardy if we do not pass this bill. GAO did not overrule those findings. Grumman had a higher ‘‘fleet effective- I am hopeful we will come together, In fact, the contrary is the case. What ness’’ rating. Fleet effectiveness—also as our House colleagues have done, and GAO said was in this very long, com- called IFARA—reflects ‘‘the quantity stand on a bipartisan basis in support plex RFP request for proposal—and of an offeror’s aircraft that would be of our providers, our health care pro- legal requirements of bidding proc- required to perform the scenarios in re- viders and, most importantly, those esses, the Air Force made some errors. lation to the number of KC–135R air- men and women who are counting on Mr. President, 111 complaints were craft that would have been required.’’ us to keep the Medicare system strong raised against the Air Force, but 8 were Put simply, to boil that down, the Air for the future. I am hopeful we will not found to be worthy of objection. Force judged that one Northrop plane see another filibuster stopping us from In the course of GAO’s evaluation of could do more refueling more effi- addressing the important issues of the procedural conduct of the bid proc- ciently than one Boeing plane. And the Medicare. This needs to be done today. ess, they reached these conclusions GAO upheld that finding. Mr. President, I yield the floor and that I think have been overlooked as GAO found no fault with the Air suggest the absence of a quorum. people have discussed this issue. For Force’s conclusion that Boeing’s pro- The ACTING PRESIDENT pro tem- example, the GAO stated and did not posal was more risky in certain areas pore. The clerk will call the roll. dispute this: and that their past performance on The assistant legislative clerk pro- Northrop Grumman’s proposed aircraft ex- similar contracts was ‘‘marginal.’’ ceeded to call the roll. ceeded to a greater degree than Boeing’s air- The GAO said: Mr. SESSIONS. Mr. President, I ask craft a key performance parameter objective We find from our review of the record no unanimous consent that the order for to exceed the RFP’s identified fuel offload to basis to object to the Air Force’s past per- the quorum call be rescinded. the receiver aircraft versus the unrefueled formance evaluation, under which both The ACTING PRESIDENT pro tem- radius range of the tanker. firms’ past performance received a satisfac- pore. Without objection, it is so or- In other words, GAO concluded and tory confidence rating. We also find no basis dered. agreed that the KC–45 is more capable to question the SSA’s judgment that, despite Mr. SESSIONS. Mr. President, I ask at refueling than the Boeing aircraft, equal confidence ratings that the firms re- unanimous consent to speak as in ceived under this factor overall, Northrop which is what the Air Force found. Grumman’s higher ‘‘satisfactory confidence’’ morning business for a few minutes. They did not object to that point. rating, as compared to Boeing’s ‘‘little con- The ACTING PRESIDENT pro tem- In addition to carrying more fuel, fidence’’ rating, under the program manage- pore. Without objection, it is so or- which clearly the Northrop team’s air- ment area, was a reasonable discriminator. dered. craft does, the GAO also agreed with The Air Force evaluated Boeing’s past per- TANKER AIRCRAFT COMPETITION the Air Force’s professional conclusion formance as marginal in this area . . . We Mr. SESSIONS. Mr. President, we that it would be easier—and this is im- have no basis, on this record, to find the Air Force’s judgment unreasonable. heard a good bit recently and there has portant—it would be easier for pilots to been some discussion in the Senate refuel their jet fighters, for example, What that means is they evaluated about the competition for the tanker from the Northrop KC–45. This is an how well both of the bidders, Northrop aircraft that was decided by the Air important issue. Grumman and Boeing, have performed Force in favor of the Northrop Grum- The GAO said: in other contracts in the past and man team. Boeing also protests the Air Force’s con- found that Boeing’s record was less The Government Accountability Of- clusion in the aerial refueling area that Nor- sound. They were less reliable in per- fice team of lawyers—not technicians— throp Grumman’s proposed larger boom en- forming the contract once they had conducted a review of the procedures velope— been awarded it, and they gave extra utilized in that selection process, in The spread of the refueling booms— points for that. That was affirmed by light of 111 objections filed by the los- proposed larger boom envelope offered a the GAO. ing Boeing team. They concluded that meaningful benefit to the Air Force. From Amidst all the discussion of proce- eight objections were merited against our review of the record, including hearing dure and KKPs, RFPs, and dotted i’s the procedural conduct of the competi- testimony on this issue, we do not find a and crossed t’s, what did the GAO say tion by the Air Force. Now the ball is basis to object to the Air Force’s judgment in this matter? They said the Air Force back in the lap of the Air Force to re- that Northrop Grumman had offered a larger picked a plane that could carry and off- view those objections and to take ap- boom envelope and that this offer provided load more fuel more efficiently and in propriate steps to make sure this is a measurable benefit. a more desirable way for the pilots. fair and just competition. Further, the GAO also supported the They also found that the plane’s sec- I will just say that I was committed Air Force’s conclusion that Northrop’s ondary mission, airlift, that can be in the beginning and throughout this KC–45 was a better airlifter. very critical in a national emergency process that it should be a nonpolitical GAO said: when we have to move cargo and per- decision, a decision made by the U.S. Boeing also challenges the Air Force’s sonnel rapidly around the world would Air Force based on the criteria set out evaluation judgment in the airlift area that be accomplished more effectively by in law, based on the fact that the Con- Northrop Grumman’s proposed aircraft of- the Northrop aircraft. Finally, GAO fered superior cargo, passenger, and gress, after an attempt had been made aeromedical evacuation capability than did agreed that the Northrop plane was to carry out a sole-source lease agree- Boeing’s aircraft. From our review of the lower risk and that Boeing had mar- ment for the Boeing aircraft—after record, including the hearing testimony, we ginal past performance. that was rejected and after great em- see no basis to conclude that the Air Force’s So as we allow this process to pro- barrassment to the Air Force and Boe- evaluation that Northrop Grumman’s air- ceed, as it should, as we expect the Air ing, we ordered that a bid take place. craft was more advantageous in the airlift Force to take seriously the matters I want my colleagues to understand area is unreasonable. raised by the GAO, we will adhere to the posture we are in. At the end of the That is a big issue. Every combatant one overriding principle; that is, Con- bid process, the Air Force concluded commander with whom I have talked gress ordered that the Air Force con- this: and who has had to move troops, cargo, duct a bid of which would be the best

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.054 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6203 aircraft. This bid process was con- In the 1990s, the country continued to Zimbabwe away from Mugabe’s ruling ducted by the Air Force as we as Mem- weaken under the self-centered leader- party, and, in turn, continues to main- bers of Congress directed. I, as a law- ship of Mugabe. As the Book of Prov- tain tight control of food distributions. yer, am not capable of flying an air- erbs—Solomon—tells us: ‘‘Where there The totalitarian regime has, not sur- craft. Nor am I capable of analyzing is no vision, the people perish.’’ That is prisingly, placed a very significant em- aerodynamics and validating how much what is happening in Zimbabwe. phasis on their military and security weight or wingspan or how much boom Robert Mugabe failed to provide a vi- forces. In 2006, the Government report- coverage is needed to safely refuel mul- sion for his country, focusing solely edly spent more than $20 million—that tiple aircraft at one time. I cannot upon himself and his ability to remain is 20 million U.S. dollars—to purchase fully evaluate how valuable the ability in power. The people of Zimbabwe have new cars for police, military, and intel- to carry large amounts of fuel is as suffered dramatically as a con- ligence officers. In a dying economy, it compared to an aircraft that carries sequence. is stunning that Zimbabwe is able to less, but the Air Force is. What we In a country that once showed evi- buy high-priced military articles, to need to do is make sure the Air Force dence of steady economic growth—a include their recent purchase of fighter does its job and selects the best air- country, I recall, that was considered jets from China costing more than $240 craft. I strongly object to any attempt one of the wealthiest countries in Afri- million. to politicize this process. ca; that was considered to be the bread As you know, Madam President, Finally, I note that this aircraft basket of Africa—it has now been China has an increasing influence on would be constructed in Alabama, my named the world’s fastest shrinking the continent of Africa, but their rela- home State. It is not going to be built economy. tionship and long support of Mugabe’s around the world in some foreign land. In 2007, inflation rose above 8,000 per- ZANU–PF Party is concerning. China It is a team headed by Northrop Grum- cent. Unemployment is estimated at 80 is currently Zimbabwe’s largest inves- man, also the EADS team. It will be an percent, and 80 percent of the popu- tor and second largest trading partner. aircraft constructed in our country, lation lives on less than $2 a day. As most Western countries, including with tens of thousands of jobs created Mugabe’s leadership has been such a the United States, enforce an arms em- in our country. disgrace. Throughout almost 30 years bargo against the country, China con- I thank the Chair for the opportunity of his leadership, nearly 28 years, he tinues to sell defense articles to the re- to share these remarks. I hope my col- has worked to tighten his rein over the gime. Most recently, South Africa re- leagues will allow this process to pro- nation by intimidation, violence, and fused to let a Chinese cargo ship unload ceed in a professional, lawful way and oppression. because it was carrying more than 70 respect and honor the professional de- In 2002, the Government initiated a tons of small arms destined for cision of the Air Force, which will have farmland redistribution program which Zimbabwe. to live with this choice of tanker for resulted in 400,000 farmers losing their China has also played a significant perhaps another 50 years, like the cur- homes and livelihood. The program re- role in diplomacy in Zimbabwe. China rent tanker. sulted in scandal and embarrassment was Mugabe’s key supporter through I yield the floor. to Mugabe when investigations re- the international outrage in response The PRESIDING OFFICER (Ms. vealed that more than 300 farms were to Operation Clean Out the Filth. KLOBUCHAR). The Senator from Okla- intended for his senior officials and China worked to quiet the U.N. con- homa is recognized. Mr. INHOFE. Madam President, so ministers rather than for resettlement. demnation of the incident and is now that we can lock in a couple of things, In other words, these were payoffs to expected to veto any proposed action I ask unanimous consent to speak as in his political friends. by the Security Council to punish morning business, and then I would be In 2005, Mugabe initiated one of the Mugabe’s administration—which, of followed by the junior Senator from most inexcusable incidents of his Pres- course, they can do under the rules of Pennsylvania. idency. Operation Murambatsvina—or the United Nations. China’s persistent The PRESIDING OFFICER. Without translated, Operation Clean Out the support and supply to Mugabe’s regime objection, it is so ordered. Filth—was a demolition project the demonstrates their indifference to the ZIMBABWE Government claimed was designed to violence, oppression, and potential Mr. INHOFE. Madam President, I reduce crime in the major city. It re- civil war looming in the country. thank the junior Senator from Penn- sulted in an estimated 700,000 On March 29, 2008, Zimbabwe held sylvania for allowing me to go ahead of Zimbabweans losing their homes. Presidential elections along with par- him on something I think is very sig- Twenty percent of the population has liamentary and local elections. I am nificant and something with which I been reported as affected by the very familiar with this, Madam Presi- am sure he agrees. demolitions. dent, because I was there when it hap- Today, I want to call attention to a Many people thought this was a po- pened. I was actually in Tanzania, and place that has been lost in the sea of litical move aimed at squashing any we were watching very carefully, with many other conflicts and crises plagu- potential protests or uprisings against all the countries, all hoping that they ing our world—Zimbabwe, a country the regime and displacing the opposi- would have an honest election. Sure slightly bigger than the State of Mon- tion party base. Not only has Mugabe’s enough, Mugabe lost. The incumbent tana which sits in the southeastern actions displayed his blatant disregard President Mugabe ran for the ZANU– portion of Africa. It has faced and con- for the well-being of his people, but he PF Party, and a man named Morgan tinues to face difficult challenges and has also expressed this in his own Tsvangirai for the Movement for untold sufferings caused by an authori- words. In August of 2006, after a violent Democratic Change Party. tarian and corrupt leader, Robert crackdown on a peaceful protest by the The election process was tainted with Mugabe. Zimbabwean union, Mugabe said he had intimidation of voters and violence After fighting a long battle and civil warned, prior to the incident, that se- against the opposition party and sup- war, Zimbabwe gained independence in curity forces ‘‘will pull the trigger’’ porters of the opposition. Political ral- 1980 from the white Rhodesians. Inde- against the protesters. lies were banned. The opposition par- pendence came with an envisioned Mugabe said this: ty’s secretary general was jailed, de- sense of hope. Everyone thought good Some people are now crying foul that they nied bail, tried for treason, and may things were going to happen, and the were assaulted. Yes, you get a beating. When face the death penalty. There are also President that was elected was a man the police say move, move, if you don’t reports that the regime is restricting named Robert Mugabe. But the honey- move, you invite the police to use force. access to food in opposition areas, moon quickly ended with the realiza- Many believe that the farmland re- threatening already hungry people to tion that newly elected President distribution and Operation Clean Out either vote for Mugabe or to starve. Mugabe had fought the war to gain per- the Filth contributed drastically to the The results of the race, finally re- sonal power and control rather than to poverty affecting the Zimbabweans. leased in May, indicated that the MDC provide freedom and democracy for its The Government has accused food aid opposition leader won the election but people. agencies of using food to turn didn’t quite reach the 50 percent, so

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.056 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6204 CONGRESSIONAL RECORD — SENATE June 26, 2008 there was a runoff that was scheduled Like a lot of my colleagues in the have seen in recent history. So it is for Friday—that is this Friday, the Senate, I just received a letter from a about time for big oil to do what Presi- 27th. Sadly, this week, the opposition woman in Pennsylvania, 86 years old, dent Kennedy implored us to do many leader, because of threats on his life, from Bucks County, PA, and she talked years ago, and that is to do something pulled out of the race and refused to about, in her letter, the Great Depres- for their country at this time of record take part in what he calls ‘‘a sham of sion, when she was describing how peo- profits for them and pain at the pump an election process.’’ He said he cannot ple had nothing and how worried she is and this economic squeeze that so ask Zimbabweans to vote ‘‘when that about our current economic crisis, es- many families and small businesses vote could cost them their lives.’’ He pecially in light of these gas prices. face. has taken refuge now in the Embassy She reminds us that, just as in the What can we do? A couple of things. of the Netherlands. Great Depression, we need to have First, we could enact legislation such Mugabe has clearly stolen the elec- commonsense solutions to dig our- as the legislation I proposed in 2007, tion, and the outlook for true reform selves out of the economic trauma so way back in the spring of 2007. My bill for democracy for the people of many families face. was the Energy Security and Oil Com- Zimbabwe looks very bleak at this Today, whether it is on gas prices, pany Accountability Act. It would do time. the cost of health care, or the mort- basically two things. I will describe it As I have traveled across the con- gage foreclosure crisis that has gripped very quickly. tinent—and I have traveled across Afri- the country, we do need commonsense First, end those tax breaks for big ca more than any other Member prob- solutions. We don’t need more gim- oil. They have gotten enough and we ably in the history of America—I have micks, we don’t need more partisan have not seen any results for those tax seen wonderful things happening on the bickering, we need commonsense solu- breaks. End those breaks and other continent. Whether it is Rwanda, Bu- tions. And those solutions on gas prices rundi, Tanzania, Uganda, Ghana, credits our Government gave them and are not a magic wand. No piece of legis- use those savings to our Government Benin, or Cote d’Ivoire, in these coun- lation in the Senate will bring down tries wonderful things are happening. not just to sit there, but use those sav- gas prices immediately. We know that. ings to invest in research and develop- They are making great strides every- Anyone who says otherwise is not where except Zimbabwe. While Mugabe ment on alternative fuels and the in- speaking the truth. But there are frastructure we need to bring alter- leads Zimbabwe away from reaching its things that we can do to at least begin full potential, there are other leaders native fuels to the marketplace and to the process, or go down that road, I help us with our energy challenges. on the continent who have chosen a vi- should say, of bringing those prices sion of democracy, freedom, and That is No. 1: End the breaks. down. No. 2, under my legislation, impose a progress in their countries. And while We have to move in a direction that not perfect, each is making improve- windfall profits tax on big oil and use focuses on short-term solutions as well that savings to redirect those dollars ments and taking strides to improve as long-term—short term and long democratic practices and exercising for relief for our families, especially term. We will talk about those in a low-income families who are trying to the free political will. couple of moments, but, in particular, I Mugabe will never allow his people to make ends meet. They are trying to think we should focus on one problem decide the next phase and direction of pay for health care, they are trying to where I think there is even some bipar- their country. I think we should call on pay for a mortgage, trying to pay for tisan agreement on, and that is specu- the African leaders, which I have done higher education, and on top of that lation in the oil futures market. We personally in Africa—many of whom they are paying $4 or more at the have never seen it like it is now, where are my friends and brothers—and lead- pump. It is time oil companies helped profiteers from places in this country ers all over the world to do what we us in this process. but also from around the world, lit- can to help the people of Zimbabwe. My legislation would do those two erally make money, in some cases mil- I have to say, Madam President, and things. I was happy the major part of lions of dollars, every time that price I speak firsthand because I was there my legislation from 2007 made its way of gasoline goes up. when this happened, that Zimbabwe into what Democrats in the Senate was once the bread basket of sub-Sa- So we have to bring some discipline and some accountability and some proposed a couple of weeks ago, legisla- hara Africa, and I have seen Zimbabwe tion that was blocked and obstructed now, the most devastated of all the 52 transparency to the marketplace. And speculation is one area where we need by the Republicans in the Senate. The countries of the continent of Africa. Consumer First Energy Act would do a With that, I yield the floor, and again to have legislation. That would help more short term than long term. number of things. I will describe that I thank my friend from Pennsylvania quickly. for allowing me to go before his presen- How about big oil? They have a role to play. By one estimate, the five big- First, getting back to our point tation. about speculation, this legislation, the The PRESIDING OFFICER. The Sen- gest oil companies, over 5 years, have Consumer First Energy Act, would fi- ator from Illinois is recognized. seen their profits go up by five times. I Mr. DURBIN. Madam President, the don’t think there are many families in nally at long last do something about Senator from Pennsylvania is now, America who have seen their bottom market speculation. Why should we sit under previous consent, going to be line, their family income, go up by five back and say: Gas prices are too high; recognized, and it is my understanding times over 5 years, and big oil has seen it is too bad; there is nothing we can do as well that the Senator from Rhode Is- that. Just since 2001, their profits have about it. land, Senator WHITEHOUSE, would like increased over $600 billion. Now, if There is something we can do about to follow him. I ask unanimous consent their profits are going up at that rate it. One part of the solution, one part of that following both Senator CASEY and since 2001, and if the price of gasoline the commonsense approach—and I Senator WHITEHOUSE that I be recog- under this administration went up think my colleagues on the other side nized. from $1.46 or $1.47 to $4—and on top of would agree with this for the most The PRESIDING OFFICER. Without all that, in addition to those oil com- part—is we should bring more trans- objection, it is so ordered. pany profits, the previous Congress parency to these transactions. This The Senator from Pennsylvania is gave them $17 billion in tax breaks— raw speculation is all over the world, recognized. something is wrong. This is beyond in- but it is even here in America, where RISING GAS PRICES equitable; it is just bad policy. It is not profiteers are making money while the Mr. CASEY. Madam President, I rise working. price of gasoline goes up for our fami- today to talk about a problem so many What we are seeing is the status quo. lies. They are literally trading in the of our families are facing and so many We keep giving oil companies tax dark. of our businesses, and that is the prob- breaks hoping their hearts are big You know the old expression that lem of rising gas prices. Unfortunately, enough to help us and it will all work sunlight is the best disinfectant to cor- we have seen an increase of at least $1 out, but that hasn’t happened, and it ruption—which is one of the best ways at the pump in just 1 year. will never happen in light of what we to describe what is happening here. To

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.058 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6205 take the corruption out of that mar- er it is clean coal technology or wheth- islation, as happened earlier this ketplace, we need to apply some sun- er it is investing in biofuels, all kinds month on so many of these short- and light to those transactions. If the of alternatives, and renewable sources long-term solutions. transactions are OK and people want to of energy. Our Government is not doing I yield the floor. make a lot of money, why shouldn’t we enough to incentivize the marketplace The PRESIDING OFFICER. The Sen- have information about those trans- to come up with a solution long term ator from Rhode Island is recognized. actions? Apply some sunlight and so we do not face this problem in the Mr. WHITEHOUSE. Madam Presi- transparency to those transactions. If future. dent, before I discuss for a moment the people are going to make money, they Before I conclude, I want to address a Foreign Intelligence Surveillance Act, ought to do it in the light of day, not couple of arguments. One of the argu- I applaud my colleague, the distin- under cover of darkness. If it is so good ments we hear time and again is about guished Senator from Pennsylvania, to do and they want to make money, drilling. Over and over we hear about for his remarks. In the year and a half these profiteers, and do well in the drilling from some people here in we have served together in this body, marketplace, we ought to require them Washington, some people here in this he has stood out as a powerful advocate to have more stake in the transaction, body. I do not think many people be- for consumers, particularly Pennsyl- more skin in the game, so their mar- lieve the basic argument that we can vania consumers. He has always had a gins, what they have to put down, drill our way to energy independence. very thoughtful, helpful, and produc- should be a much higher number. If No one believes that. But the argument tive approach to the solutions he has they want to make money, we want is made over and over again. I think in put forward and espoused. It is an more transparency on those trans- the interests of putting facts on the honor for me to follow him on the Sen- ate floor here. actions and we want them to put down table, we ought to put a few on the On the question of the Foreign Intel- more money. If they do that, they will table right now. Here are some facts important in this debate about ‘‘we can ligence Surveillance Act, I will talk have the opportunity to make money. about the immunity question for The first thing this legislation does just drill our way out and all our prob- telecoms at another time. It is not yet is crack down on speculation. The leg- lems will go away with lower gas clear what amendment will be allowed islation the Senate Democrats offered, prices.’’ to be offered. I thought I would talk the Consumer First Energy Act, also Fact No. 1, the percent of America’s about two other issues at this point. made it very clear that, at long last, in recoverable oil reserves already open The first is the process that has got us American law, price gouging is illegal. for drilling—79 percent. Fact No. 2, America has 3 percent of here. I do wish to pay particular trib- It is at best murky right now. We have the world’s oil reserves. That is not ute to the chairman of the Senate Se- to be very clear about what price nearly enough to impact world oil lect Committee on Intelligence, JAY gouging is and what it is not, and make prices. We have 3 percent of the re- ROCKEFELLER, for how steadfast he has it illegal. serves, yet we consume 25 percent of been in pushing through this process. The other thing this legislation did We in the Senate have also been done was adopt the idea I had, and many the world’s oil. There is no way, no matter what we do on drilling, that we a great service by our colleagues in the others had—I am not the only one—on can drill our way out of this. House of Representatives, who stood the issue of the windfall profits tax, Fact No. 3, oil companies already fast against the Bush administration saying to oil companies: You can have have access to 45.5 million acres of Fed- efforts to stampede this legislation profits; there is nothing wrong with eral land to drill for oil and natural through without proper negotiation that; but if you are going to have gas. They should tell us why they are and without the basic process of back record profits while American families not drilling in those areas. and forth that ordinarily improves leg- do not have their income going up, you Oil companies, fact No. 4, are only islation. It has made for a better piece have to help us. You have to do, as I drilling on 21 percent of the leases they of legislation. It also makes for a nota- said before, something for your coun- currently have offshore in Federal wa- ble contrast with what happened a year try, Mr. Oilman, Mr. Oil Company. You ters. Why is that, Mr. Oil Company? ago, when we first took up this legisla- have to do something to help your Why are you not drilling on more than tion. country. 21 percent? I wish to talk for a minute about If you are diversifying and helping us The last fact: Oil companies have re- that because it was a very dis- reduce our dependence on foreign oil, if fused to invest in refining capacity. appointing episode, I believe, in the you are giving us options to reduce our They have lost 4 percent of refining ca- Senate’s history, and it is one I wish to dependence and have a long-term en- pacity since 2001. Since 2001—remember make sure we chronicle because it ergy strategy, then maybe the profits those profits I talked about? Since you should not be repeated. tax on your company wouldn’t be as were making, oil companies, $600 bil- In order to understand what I am high. But if you are going to turn a lion in profits since 2001, why did you going to say, it will be important to re- blind eye to this problem and say you lose 4 percent of refining capacity? member the schedule at the time. I are going to make record profits and Why are you crying crocodile tears have just replicated July of 2007, and not help, we are going to impose a tax right now that you need more land the early days of August here. The first on you and make sure you are doing when you have all those acres? time the big sort of stampede push your share—especially when the oil These are questions the oil compa- began, for me at least, was when the companies have made $600 billion since nies should answer. These are facts Director of National Intelligence, Ad- 2001. that are not making their way into the miral McConnell, met with me on July There are other parts of the Con- debate. 11 in the secure confines of the Senate sumer First Energy Act I will not go I think we have not a magic wand to Intelligence Committee to tell me into in the interest of time. But there propose, but we have short-term relief what he wanted. There had been a big are things we can do. These are short- we can provide and long-term strate- FISA bill that had everything but the term strategies. But the long-term so- gies to reduce our dependence on for- kitchen sink in it. It was clearly going lution here we know is committing eign oil; to literally not just commit no place. He realized he would have to ourselves to future of energy independ- ourselves to an energy future that is focus on what he wanted, and he said ence. That means investing dollars, good for our families and for our coun- three things. These are from my notes using the Tax Code, using incentives to try but is about national security in of that meeting. do what Americans do best. When the end. Unless we can do that over No. 1, we need to compel the Americans have an opportunity to use time, and unless we commit ourselves telecoms to help us; No. 2, we need to their brainpower and their innovation to these strategies, we are not only get foreign-to-foreign conversations, and their ingenuity to help on a prob- going to be dependent on other coun- not Americans, foreign-to-foreign con- lem, we have to make sure our Govern- tries for our oil but we will be less and versations without having to go to the ment is backing them up. less safe because of that dependence. FISA Court; and No. 3, we need a war- We are not doing nearly enough to I think it is critically important that rant if we are going to wiretap Ameri- invest in the new technologies—wheth- we take action instead of blocking leg- cans. We accept that.

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.064 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6206 CONGRESSIONAL RECORD — SENATE June 26, 2008 So I said to him: That is fine, but you al-Qaida attacks that are being tection, and with the only protection do not have any legislation. We are planned that we need to get into, some- from the executive being a protection suspicious of what is going to be in this thing does not add up. I believe the re- that the President cannot be limited legislation when it shows up, so the sult was what I call the August stam- by and that he can ignore at will— sooner you can get it written and the pede, and as a result we passed, blunt- frankly, that was no protection at all. sooner you can get it to us the better, ly, a very poor piece of legislation, the So we worked very hard in the com- because the devil is going to be in the so-called Protect America Act. mittee—and it has persisted through details and we need a chance to look it This piece of legislation does a num- the entire lengthy process we have over. That was on July 11. ber of very good things to repair some been involved in—to make sure that an The draft legislation was circulated of the damage in the Protect America American, whether you are in the on July 27. It was circulated, at least Act. United States or traveling abroad, has to me, by mail, so I didn’t get it on The first is protection for Americans the protection of a judicial order before July 27. I got it over the weekend, the when we travel abroad. Americans your Government can wiretap you. And following Monday, on July 30. The Fri- travel a lot now. They travel on busi- that has been achieved. That has been day from Monday delivery stunt is one ness, they travel on vacation. It is a lot an important achievement. we have seen before. But what con- more expensive now given the Bush ad- A second achievement has been in cerned me was that once that legisla- ministration’s oil prices, but people the area of minimization. I know the tion was delivered, the Bush adminis- still travel a lot. The rule had been, Presiding Officer was a prosecutor in tration began to whip up everything under the Protect America Act, that if Minnesota. I have run wiretap inves- they could do to try to panic Ameri- you were traveling abroad, you had no tigations as a U.S. attorney, I have run cans about what was going on. statutory or judicial protection of your wiretap investigations as an attorney On July 28, that Saturday, President privacy, none whatsoever. They could general, and I have seen firsthand how Bush gave a radio address, saying: listen to your telephone calls, they important minimization is to a wiretap Our intelligence community warns that could take your BlackBerrys, e-mails, investigation. Minimization is what happens when under the current statute we are missing a anything—it was open season. There you have the authority to wiretap significant amount of foreign intelligence were no statutory or judicial protec- somebody, but because you have the that we should be collecting to protect our tions for Americans once they set foot country. Congress needs to act immediately authority to wiretap one person, they to pass this bill so that our national security outside of the country. The only pro- could be talking to somebody else who professionals can close intelligence gaps and tection was an executive order, 12333, is not part of the criminal or national provide critical warning time for our coun- which said that if the Attorney Gen- security activity involved, and if that try. eral determined that you as an Amer- proves to be the case, you have to min- He asked us to work together to pass ican were an agent of a foreign power, imize that to protect the rights of the FISA modernization now, before we then they could listen, then they could third person they are talking to. In the leave town, and said our national secu- surveil, then they could intercept, but old days, the FBI agents would lit- rity depends on it. That is what he said only if the Attorney General made that erally sit there with their earmuffs on here. determination. So there was a protec- listening and flip the switch on and off The Senate promptly picked up the tion, but it was only an executive to see whether the conversation was chorus with one of my colleagues say- order—nothing statutory, nothing judi- still an innocent conversation or re- ing we would be deaf during August to cial. Then we looked into the opinions lated to some criminal matter. discussions of threats being carried on that underlie the Bush warrantless Now it is more complex, but those by al-Qaida and others seeking to do us wiretapping program, and here is what minimization procedures did not pre- harm if we did not pass the legislation. I found. viously have any judicial oversight. Another colleague said: The flaw in the Protect America Act They only were required to be filed. This is a time when the Director of Na- is that it contained no statutory, no ju- Under this bill, the Attorney General tional Intelligence and the Secretary of the dicial protections for Americans once shall adopt minimization procedures. It Department of Homeland Security have said they were traveling abroad and put is mandatory. But more than that, the it is a high threat month and it is imperative them at the mercy of the executive Foreign Intelligence Surveillance for national security that we adopt this now. branch of Government to be wiretapped Court is given authority to review Another one of our colleagues said: at will, protected only by an Executive those minimization procedures; specifi- Make no mistake, inaction on our part order. Our discovery, in the course of cally, to determine whether those pro- needlessly subjects every American to in- looking at the classified legal opinions cedures meet the statutory standards creased danger. We need to act. that supported the warrantless wire- we require for minimization proce- Those are just several high points of tapping program, we discovered this dures. So that is particularly impor- a real campaign to try to drive this rule that had been inserted by the Of- tant. issue by public fear. fice of Legal Counsel: Finally, this statute for the first Well, here is what concerned me. If, An executive order cannot limit a Presi- time recognizes ‘‘the inherent author- when the President spoke on July 28, dent. There is no constitutional requirement ity of the FISA Court to determine or national security was that vitally af- for a President to issue a new executive enforce compliance with an order or a fected by the speed of this legislation; order whenever he wishes to depart from the rule of such court.’’ So they not only if every day that went by we were terms of a previous executive order. Rather get the minimization procedures, they missing intelligence, because of an in- than violate an executive order, the Presi- get to approve the minimization proce- telligence gap, of al-Qaida plots that dent has instead modified or waived it. dures. If it is determined that the exec- were being developed then and there to Well, as a theory, I think that is, utive branch isn’t following them, they attack us; if that were true also on the frankly, deeply flawed legally. can check for compliance, and they can 3rd, why wasn’t it true back here on In my examination of Attorney Gen- enforce the procedure. That is a sub- July 11 and 12 and 13, 14, 15, and all the eral nominee Mukasey, I asked him stantial, additional improvement that way through here when they circulated what the force of an Executive order brings this in line with the traditions the draft on July 27? was. He answered me saying: of wiretap surveillance within the Here is what they sent us. This. It is Should an executive order apply to the United States. 12 pages. That is it. Double spaced. I President and he determines that the order Another significant improvement has could write 12 pages of legislation dou- be modified, the appropriate course would be been in the area of exclusivity. FISA ble spaced in 17 hours if our national for him to issue a new order, or amend the has always said that ‘‘it shall be the security depended upon it. It would not prior order. exclusive means by which electronic take me 17 days. So when it takes them I think that is not only the correct surveillance . . . and the interception 17 days to write 12 pages of legislation but the obvious solution. But we were of domestic wire, oral, and electric and then deliver it on the Monday be- left in a situation in which an Amer- communications may be conducted.’’ fore we recess and suddenly there is an ican traveling abroad, without statu- That was clearly the intent of Con- explosion of concern about immediate tory protection, without judicial pro- gress, as courts, including in the

VerDate Aug 31 2005 03:32 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.066 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6207 Andonian decision, have agreed. How- The legislative clerk proceeded to The legislative clerk proceeded to ever, we have a problem again with the call the roll. call the roll. Office of Legal Counsel. The Office of Mr. REID. I ask unanimous consent Mr. LEAHY. I ask unanimous con- Legal Counsel said this: that the order for the quorum call be sent that the order for the quorum call Unless made a clear statement in the For- rescinded. be rescinded. eign Intelligence Surveillance Act that it The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without sought to restrict presidential authority to objection, it is so ordered. objection, it is so ordered. conduct wireless searches in the national se- f Mr. LEAHY. Madam President, the curity area—which it has not—then the stat- distinguished leader has put the Senate ute must be construed to avoid a reading. EXECUTIVE SESSION in executive session to consider two I don’t know how you get ‘‘which it more judicial nominations. I would has not’’ out of the clear language of NOMINATION OF WILLIAM T. LAW- like to speak on these in my capacity the Foreign Intelligence Surveillance both as a Senator from Vermont and as Act saying this is the exclusive means. RENCE TO BE UNITED STATES DISTRICT JUDGE FOR THE chairman of the Judiciary Committee. But once we found out that in these We are going to be confirming these classified opinions the Office of Legal SOUTHERN DISTRICT OF INDI- ANA two nominations which are, of course, counsel had suggested this language for lifetime appointments to the fed- right here either didn’t exist or didn’t eral bench, as the distinguished Pre- mean anything, it had to be solved. NOMINATION OF G. MURRAY SNOW siding Officer, an attorney in her own Thanks to the leadership of Senator TO BE UNITED STATES DISTRICT right and with a distinguished back- FEINSTEIN, in particular, there has JUDGE FOR THE DISTRICT OF ground as a prosecutor in Minnesota been great energy put into improving ARIZONA prior to being here, knows. The two are the exclusivity provision. I think it is William Lawrence, nominated to a va- now an exclusivity provision that Mr. REID. Madam President, under cancy in the Southern District of Indi- would defeat this type of, frankly, im- the authority of the June 24 order ana, and Murray Snow, nominated to a probable legal analysis and clearly de- issued by the Chair, I now ask that the vacancy in the District of Arizona. fine that it is Congress’s intent in the Senate proceed to executive session to I have been delighted to work with FISA statute to take every possible av- consider Calendar Nos. 627 and 628. my friend of 30 years, Senator LUGAR of enue it can to limit executive surveil- The PRESIDING OFFICER. The Indiana. He strongly supports the rec- lance activities to those that are per- clerk will report the nominations. ommendation of Judge Lawrence. He formed within the statutory authority The legislative clerk read the nomi- came to see me about Judge Lawrence of this particular legislation. nations of William T. Lawrence, of In- The last thing is reverse targeting. diana, to be United States District prior to his nomination coming up There has been considerable concern Judge for the Southern District of Indi- here. Senator BAYH of Indiana also about allowing the Government to ana; and G. Murray Snow, of Arizona, came to see me and supports the nomi- identify a foreigner who is in touch to be United States District Judge for nation. I have been pleased to accom- with Americans regularly and target the District of Arizona. modate Senator KYL in scheduling first that foreigner with the reverse tar- Mr. REID. Madam President, all Sen- Committee action and now Senate ac- geting purpose to actually pick up the ators should be aware that this vote tion on the nomination of Judge Snow. conversations of the American and will occur very quickly and the second Both nominations are being expedited dodge the requirement for a warrant vote will occur immediately after the for confirmation in a Presidential elec- for judicial review vis-a-vis the Amer- first one is completed. We appreciate tion year. ican. There are strong provisions in everyone’s cooperation. We are still As we approach the Fourth of July here that require that regulations and working through some issues, and we recess and celebrate the independence procedures be developed to prevent will have some news for the rest of the of our great Nation, we will be con- that. Senators by the time, hopefully, the firming our fourth and fifth judicial I hope to be able to discuss the stat- first vote is announced. nominations of the week. ute further, as we get to the discussion Mr. LEAHY. Will the Senator yield? But when I go back home to about immunity. But I will conclude by Mr. REID. Yes. Vermont, as I did this past weekend, summarizing that the process we went Mr. LEAHY. Madam President, I ad- and as I will this week, I find that through to get to this piece of legisla- vise the distinguished leader, I will Vermonters—and I suspect this is so tion, particularly article I of this bill, speak on these judges and judicial mat- with all Americans—are not really con- was a very proud moment for this Sen- ters probably for 10 to 15 minutes at cerned about judicial nominations. I ate and for this caucus, for Chairman most, and then I would be prepared to have not had anybody come up to me— ROCKEFELLER. It has been infinitely go to a rollcall vote on William Law- when I am coming out of church or better than the degraded process we rence, which would be the first one. I walking through the grocery store or went through last August in the atmos- intend to support both nominees. gassing up my car—and say: We need phere of stampede. I think the quality Mr. REID. Madam President, let me more judicial nominations. of the underlying legislation shows it. I say to the distinguished chairman of But what they are concerned about hope as we continue to work together the Judiciary Committee, we are glad are gas prices that have skyrocketed so in the Senate on other issues, we con- we are at the point where we are today. high they don’t know how they are tinue to follow the process that took There has been cooperation. We have going to be able to afford to drive to place with respect to this iteration of approved two circuit court judges. This work. I have talked to parents of chil- the FISA bill, and we never go back to will be the third district court judge. It dren in rural parts of our State where the kind of hectic, imprudent stampede is my understanding there was a mark- there is no mass transportation—never we were put through last August. Sec- up that went ahead today without any will be. They have to bring their chil- ond, the elements of article I are im- problem and a couple more judges were dren to school. Both the mother and fa- proved. This is, in article I, a bill we reported out at that time. ther are working. They then have to can we very proud of. We will have our Mr. LEAHY. I advise the leader, four drive to work. These are not high-pay- dispute about the immunity provisions. judges were reported out this morning, ing jobs. They then have to drive back I will have my thoughts on that for as well as a U.S. attorney and another and get their children. One couple later. But there is much that has been one of President Bush’s nominees. might have to take care of elderly par- accomplished and great credit is due Mr. REID. I appreciate the continued ents, and they are wondering how they particularly to Chairman ROCKEFELLER good work of my friend, the distin- can afford to do it with these gas for those accomplishments. guished Senator from Vermont. prices. They are far more concerned I yield the floor and suggest the ab- Mr. LEAHY. Madam President, I sug- about that than they are with lifetime sence of a quorum. gest the absence of a quorum. appointments to our Federal bench. The PRESIDING OFFICER. The The PRESIDING OFFICER. The They are concerned also about the clerk will call the roll. clerk will call the roll. steepest decline in home values in two

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