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

Vol. 153 WASHINGTON, MONDAY, APRIL 16, 2007 No. 60 Senate The Senate met at 2 p.m. and was U.S. SENATE, I ask unanimous consent, regarding called to order by the Honorable MARIA PRESIDENT PRO TEMPORE, any germane and timely filed first-de- CANTWELL, a Senator from the State of Washington DC, April 16, 2007. gree amendment under rule XXII, with Washington. To the Senate: respect to cloture on S. 372, that it be Under the provisions of rule 1, paragraph 3, of the Standing Rules of the Senate, I hereby in order for the amendment instruction PRAYER appoint the Honorable MARIA CANTWELL, a line to be modified to comport to the The Chaplain, Dr. Barry C. Black, of- Senator from the State of Washington, to managers’ amendment. fered the following prayer: perform the duties of the Chair. Before the Chair rules on my request, Let us pray. ROBERT C. BYRD, I make this request since we are in a Eternal Spirit, evermore creating: President pro tempore. situation where the managers will offer About us today are needs unattended Ms. CANTWELL thereupon assumed an amendment at 3 p.m., which must and problems unsolved. Use the hearts the chair as Acting President pro tem- be filed by 2:30, the filing deadline for and hands of our lawmakers to lift bur- pore. first-degree amendments, and Members dens and liberate lives. Give our Sen- f will not have an opportunity to review the amendment prior to the time for ators the wisdom that will lead them RECOGNITION OF THE MAJORITY filing their amendments. to know what must be done to make a LEADER better world. Open their ears to hear The ACTING PRESIDENT pro tem- the cries of those on life’s margins. In- The ACTING PRESIDENT pro tem- pore. Without objection, it is so or- fuse them with courage to act by bring- pore. The majority leader is recog- dered. ing relief and release to those who are nized. f f bruised by life’s storms. Whisper words TRAGEDY AT VIRGINIA TECH of counsel to our leaders, particularly SCHEDULE during their moments of important de- Mr. REID. Madam President, as men- Mr. REID. Madam President, today cisionmaking. As they seek to honor tioned in the prayer by Admiral Black, the Senate will conduct morning busi- You, give them a deeper understanding today America suffered a tragedy that ness for a period of 60 minutes, with of Your ways. defies our ability to comprehend. The Senators permitted to speak for up to And, Lord, help them to do the very news out of Virginia Tech and 10 minutes each. Following morning best they can each day, leaving the re- Blacksburg is still breaking. We don’t business, the Senate will resume con- sults to You. know yet all the facts except there are sideration of S. 372, the Intelligence au- We end this prayer by asking You to 22 dead, at least 28 wounded. But what thorization bill. comfort those affected by the tragedy we do know breaks our hearts and Once the Senate resumes the bill, at Virginia Tech. shakes us to our very core. For now, we Senator ROCKEFELLER, the majority We pray in Your sovereign Name. can only offer our thoughts and our manager, will be recognized to offer a Amen. prayers in our individual ways. managers’ amendment on behalf of One of my good friends is the athletic f himself and Senator BOND. A cloture director of Virginia Tech. He formerly vote on the bill will occur this after- PLEDGE OF ALLEGIANCE was the athletic director at UNLV— noon at 5:30. That will be the first vote Jim Weaver, a wonderful man. He has The Honorable MARIA CANTWELL of the week. Members have until 2:30 to done such a great job with that pro- led the Pledge of Allegiance, as follows: file any first-degree amendments. gram. The Virginia Tech program has I pledge allegiance to the Flag of the ORDER OF PROCEDURE received such notoriety—positive in re- United States of America, and to the Repub- I ask unanimous consent that Mem- cent years because of their athletic lic for which it stands, one nation under God, bers have until 5 p.m. today to file sec- program. They also have a great aca- indivisible, with liberty and justice for all. ond-degree amendments. demic program. f The ACTING PRESIDENT pro tem- We all pray for the students, faculty pore. Without objection, it is so or- members, and the families of the Vir- APPOINTMENT OF ACTING dered. ginia Tech community and do hope for PRESIDENT PRO TEMPORE Mr. REID. Also, during today’s ses- a speedy recovery of the wounded. The PRESIDING OFFICER. The sion I will move to proceed to S. 3, the We pray that America can find the clerk will read a communication to the prescription drug bill that was reported strength, which we will find, to over- Senate from the President pro tempore by the Finance Committee last come our grief and outrage as we face (Mr. BYRD). evening. yet another tragedy.

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

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VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4460 CONGRESSIONAL RECORD — SENATE April 16, 2007 I think it would be appropriate, our admiration: Rookie of the Year, 6 HONORING OUR ARMED FORCES Madam President, if the distinguished All-Star games, Most Valuable Player SPECIALIST MICHAEL R. HAYES Republican leader wishes to say some- Award, and a World Series champion- Mr. MCCONNELL. Madam President, thing about this tragedy, that after he ship. our Nation owes a debt of gratitude to does, I ask for a moment of silence for Yesterday, I was visiting my daugh- the brave men and women who fight to the faculty, the students, the adminis- ter, and especially my grandchildren, preserve it, a debt so great that a trib- tration, and everyone in Virginia here in the Washington, DC, area. I ute befitting their sacrifice may well Tech—and our country, really. A mo- have three grandchildren here. My 16- lie beyond our power to express it. Nev- ment of silence. year-old grandchild, Mattie, was going ertheless, I ask the Senate to pause Does the Senator wish to speak? to have to give a talk to a group of today in loving memory of SPC Mi- f young people. She said she only needed chael R. Hayes of Morgantown, KY. He to talk for a couple of minutes. What was 29 years old. RECOGNITION OF THE MINORITY could she talk about? Specialist Hayes of the Kentucky Na- LEADER I said: Mattie, why don’t you talk tional Guard died in support of Oper- The ACTING PRESIDENT pro tem- about Jackie Robinson? Tell them ation Iraqi Freedom on June 14, 2005, pore. The minority leader is recog- what a great athlete he was. But he when a rocket-propelled grenade nized. isn’t known today because he was a struck his humvee while he was secur- f great athlete and stole home more ing a roadside bomb site in Baghdad. than any other baseball player and did Earlier that year, he had served val- TRAGEDY AT VIRGINIA TECH all the great things athletically; he is iantly in a brutal 30-minute firefight in Mr. MCCONNELL. Madam President, famous today because of his integrity. which 10 guardsmen fought off dozens let me just, on this side of the aisle, So that is what Mattie spoke to her of Iraqi attackers, killing 26 anti- offer my condolences for this unspeak- friends about. American fighters. able tragedy to which the majority Jackie Robinson is now a legend. He For his actions as a guardsman, Spe- leader has been referring and join him taught a generation of African-Amer- cialist Hayes earned several medals in calling for a moment of silence. ican children that they, too, must be, and awards, including the Bronze Star (Moment of silence.) on occasion, insubordinate to injustice and the Purple Heart. The ACTING PRESIDENT pro tem- whenever they find it, whether on a bus It is certainly sad but perhaps fitting pore. The majority leader is recog- or on a ballfield or in a board room. that Mike would be taken from us nized. Sixty years later that lesson still rings while helping his fellow soldiers. Help- true, from Brooklyn to Los Angeles ing others was one of the defining fea- f and every town and city in between. tures of Michael Hayes’ life. JACKIE ROBINSON America is a better place because of When Mike wasn’t yet 5 years old, he the integrity of Jackie Robinson. was joined by his little brother, Jamie. Mr. REID. Madam President, in July Soon after returning home from the of 1944, 11 years before Rosa Parks be- The ACTING PRESIDENT pro tem- pore. The minority leader. hospital, his mother, Barkley Hayes, came the mother of the civil rights heard newborn Jamie crying in his movement, an African-American sec- Mr. MCCONNELL. Madam President, when I was a youngster, I became a fan crib. ond lieutenant of the U.S. Navy was Before she could get to him, however, of the Brooklyn Dodgers for two rea- court-martialed on charges of insubor- Mike met her in the hallway, Jamie in sons. One was because of Jackie Robin- dination for refusing to move to the his arms, saying, ‘‘Mommy, help him son. The distinguished majority leader back of a segregated military bus. to stop crying!’’ was just referring to his history-mak- Three years later, and 60 years ago yes- Mike continued to look after Jamie ing appearance in a Major League uni- terday, that second lieutenant was in- and younger sister Melissa when all form for the first time. The other was subordinate to bigotry once again—this three served in the Guard’s 617th Mili- for a Louisville teammate of his named time by breaking Major League Base- tary Police Company and were sta- Pee Wee Reese. He was the one who ball’s color barrier. His name was tioned in Iraq at the same time. His made, really, a kind of public display Jackie Robinson. loving relationship with his family was of welcoming Robinson amid some of When Dodgers owner Branch Ricky something Mike cherished. brought Jackie Robinson to the Major the boos and catcalls he got in the Mike was also part of another family, Leagues, many asked: Why Jackie Rob- early games when he first played. his soccer family. David Hocker, a inson? After all, the Negro League was Reese went over and put his hand on friend that Mike was close to, de- filled with talented players from whom Jackie Robinson’s shoulder. Since he scribed Mike’s love for the game suc- to choose. Many were much younger was from the South, I think it was an cinctly: ‘‘I have never in my life met than Jackie Robinson; some, perhaps, indication that Robinson was certainly anyone who loved soccer more than even better athletes. The answer, of going to be accepted by his teammates that man.’’ course, was integrity, character. and by the rest of the league shortly Mike was a member of the inaugural Branch Ricky knew that this trail- thereafter and certainly ought to be soccer team during his sophomore year blazing ballplayer would have to be accepted by the fans as well. at Greenwood High School in Bowling both an athlete and a role model—a It was a period during which the Green, KY, where he was born and role model for African Americans and character of people was being meas- raised. A leader on and off the field, he for all Americans—and no one was bet- ured; the character of Jackie Robinson helped solidify the fledgling program. ter suited to that great challenge than in being willing to take on this chal- He wasn’t a bad player, either. Mike Jackie Robinson. lenge and tear down this barrier for the earned All-Region and Player of the When Jackie Robinson crossed the first time in American history, and the Year honors at Greenwood, and to this chalk lines at Ebbitt’s Field that day, character of those with whom he was day remains the first and only member he carried the weight of a nation along going to be playing. Would they accept of the school’s Athletics Hall of Fame. with him. On one shoulder were the him or would they not? According to his coach, Todd Tolbert, catcalls, obscene gestures, and even It was a great Kentuckian, Pee Wee Mike was the kind of player that made threats from fans, opposing players, Reese, who made it clear that Jackie a coach’s job easier. Coach Tolbert and even some of his own teammates. Robinson was going to be accepted. It wanted his other players to watch and But on the other shoulder were the was the beginning of a great thing that emulate his dedication, effort and dreams of Blacks, and all Americans, our country did and, of course, was a sportsmanship. In the words of Coach that our country could one day fulfill breakthrough for many of the subse- Tolbert, Mike ‘‘reached as far as he its destiny of equality in deeds and not quent developments that occurred over could reach, and got there. ‘‘ just in words. the years in improving race relations His determination and leadership, Jackie’s career accomplishments in our country. We are proud to honor Coach Tolbert recalls, helped establish alone would have been enough to earn the memory of Jackie Robinson. Greenwood soccer’s reputation among

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2007 CONGRESSIONAL RECORD — SENATE S4461 the students and throughout the re- ought to be involved over there. Mike CLOTURE MOTION gion. told his friend of the women he saw Mr. REID. Madam President, I now After graduation, Mike stayed with wearing colorful clothes and no veil, move to proceed to S. 3 and send a clo- the soccer program as an assistant smiling as they walked down the ture motion to the desk. coach. Not only did he serve as a role street. The ACTING PRESIDENT pro tem- model for the younger players, he also He recounted watching young chil- pore. The cloture motion having been gained valuable coaching experience dren running to school with pencils and presented under rule XXII, the Chair that could help him reach his goal of paper and big smiles. ‘‘Yes,’’ he told his directs the clerk to read the motion. becoming a college soccer coach. friend unequivocally. ‘‘We’re doing The assistant legislative clerk read Mike did all of that on top of attend- good there.’’ as follows: ing Western Kentucky University and Although Specialist Hayes can no CLOTURE MOTION graduating with a degree from the Ken- longer be with us, or his beloved fam- We, the undersigned Senators, in accord- tucky Advanced Technology Institute. ily, he is loved and remembered by his ance with the provisions of rule XXII of the During this time, Mike learned that mother Barkley, his brother Jamie, his Standing Rules of the Senate, do hereby nearby Butler County High School was sister Melissa Stewart, his nieces Char- move to bring to a close debate on the mo- preparing to start a girls’ soccer pro- lotte Stewart and Jocelyn Hayes, and tion to proceed to Calendar No. 118, S. 3, Pre- gram. Mike jumped at the opportunity other beloved family members. scription Drugs. Dick Durbin, Amy Klobuchar, Ken Sala- to become their first ever head coach. I want to thank his mother Barkley The impact that Mike had on the zar, Edward Kennedy, Mark Pryor, for sharing her memories of Michael Blanche L. Lincoln, Daniel K. Inouye, players at Butler County High, and with us, and for traveling to the Cap- Byron L. Dorgan, Chuck Schumer, Max that they had on him, is hard to over- itol to meet with me today. Baucus, Kent Conrad, Jeff Bingaman, state. One of his players, a young lady Specialist Hayes struck everyone he John F. Kerry, Ron Wyden, Debbie Sta- named Tina Laverack, described him met with his selflessness, dedication, benow, Jay Rockefeller, Maria Cant- this way: and devotion to helping others. well, Harry Reid. ‘‘He never gave up on any of us,’’ she Although he is gone, the example he Mr. REID. Madam President, I ask said. ‘‘He thought we all had potential set for others won’t be forgotten. Not unanimous consent that the manda- in anything. . . I think everyone by his family. Not by his fellow sol- tory quorum call required under rule should have had the chance to meet diers. And not by the young children he XXII be waived. him; they would have loved him.’’ taught to play his favorite game, The ACTING PRESIDENT pro tem- Mike’s friend David Hocker recalled whether in the rural bluegrass of Ken- pore. Without objection, it is so or- that ‘‘If a girl wanted to work extra, tucky or the desert sands of Iraq. dered. he’d come in early or stay late. He I ask my colleagues to keep the fam- Mr. REID. I now withdraw the mo- spent his own money, buying food for ily of SPC Michael R. Hayes in their tion to proceed. the team or taking them someplace for thoughts and prayers. I know they will The ACTING PRESIDENT pro tem- team building.’’ be in mine. pore. The motion is withdrawn. Mike’s brother Jamie told the Butler f The Senator from Oregon is recog- County players at Mike’s funeral, ‘‘He nized. RESERVATION OF LEADER TIME talked about you guys in his down time f more than you guys will ever know.’’ The ACTING PRESIDENT pro tem- VIRGINIA TECH MASSACRE Mike’s commitment to his players pore. Under the previous order, the knew no bounds. On what would be his leadership time is reserved. Mr. WYDEN. Madam President, the last trip home, he spent 12 of his 15 f Virginia Tech community is grieving days playing soccer with them. this afternoon, and our country grieves And Mike’s influence in his players’ MORNING BUSINESS with them. To see so many young peo- lives extended far beyond the soccer The ACTING PRESIDENT pro tem- ple taken from us with their lives field. On more than one occasion, he in- pore. Under the previous order, there ahead of them is an unspeakable hor- tervened to help a player be removed will be a period for the transaction of ror, one that words simply cannot cap- from a troubled home or beat an addic- morning business for up to 60 minutes, ture. tion problem. with Senators permitted to speak Oregonians saw a horrible school The night before leaving for Iraq, therein for up to 10 minutes each. shooting in 1998, and I know that Mike sat down with his players, ad- The Senator from Oregon is recog- across my State, Oregonians this after- dressing them as his ‘‘ladies,’’ like al- nized. noon are sending their prayers to the ways. He told them he was going to f Virginia Tech community. I join with Iraq because he wanted his players to those Oregonians in sending our pray- be able to walk out onto the soccer ORDER OF PROCEDURE ers to the Virginia Tech family, and on field and not be afraid. Mr. WYDEN. Madam President, I ask behalf of the people of my State, I want Specialist Hayes joined the Guard in unanimous consent to speak in morn- those at Virginia Tech to know they 2002 and completed more than 135 mis- ing business for up to 20 minutes. are in our hearts and minds at this sions, including over 30 actions with The ACTING PRESIDENT pro tem- critical hour and during this time of the enemy, during his service. MG Don- pore. Without objection, it is so or- unspeakable tragedy. ald Storm, Kentucky’s adjutant gen- dered. (The remarks of Mr. WYDEN per- eral, said he ‘‘epitomized what it Mr. REID. Madam President, would taining to the introduction of S. IIII means to be a citizen-soldier.’’ the Senator yield to me for a unani- are printed in today’s RECORD under CPT Todd Lindner, commander of the mous consent request? ‘‘Statements on Introduced Bills and 617th Military Police Company, called Mr. WYDEN. I would be glad to yield. Joint Resolutions.’’) Specialist Hayes ‘‘the consummate sol- f The PRESIDING OFFICER (Mr. dier, always in the right place doing WEBB). The Senator from Texas. MEDICARE PRESCRIPTION DRUG the right thing.’’ Mr. CORNYN. Mr. President, I ask PRICE NEGOTIATION ACT OF When the battles were over, Mike en- unanimous consent to speak for up to 2007—MOTION TO PROCEED joyed playing soccer and baseball with 15 minutes. Iraqi children during his down time. He Mr. REID. I ask unanimous consent The PRESIDING OFFICER. Without would bring them Cokes, chips and that upon disposition of S. 372, the Sen- objection, it is so ordered. candy. It has even been suggested that ate proceed to the consideration of Cal- f with time, he might have started a soc- endar No. 118, S. 3, the prescription cer program for Iraqi children. drug legislation. TAX REFORM Soon before he left Kentucky for Iraq Mr. MCCONNELL. I object. Mr. CORNYN. Mr. President, I thank for the last time, a friend asked Mike The ACTING PRESIDENT pro tem- the Senator from Oregon. I walked in in confidence if he thought we really pore. Objection is heard. on the tail end of his remarks, but he

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4462 CONGRESSIONAL RECORD — SENATE April 16, 2007 and I are going to be on a consistent circumstances, picking winners and that when the tax relief that was theme today, and that is, the impor- losers in the process. That is not what passed in 2001 and 2003 expires, we will tance of tax reform. I look forward to the IRS Code should be doing. see taxes go up higher than they ever reviewing his proposal because we are Changes, we all know, are long over- have before at one time in our Nation’s all on the same side. due. There can be no doubt the IRS history. The current IRS Code is broken. We, Code and accompanying forms are bur- I guess it is not good enough that the Congress, need to fix it. densome, onerous, and unduly com- those who are in the top 40 percent pay This last weekend, I was at a small plicated. The complicated system 99.1 percent of all income taxes, and business in Dallas, TX, called the comes at a cost. Every year, the Na- that in 2004, the top 10 percent paid 70.8 Manda Machine Company. This small tional Taxpayer Advocate highlights percent of all income tax—an increase employer employs about 20 people in this complexity in one way or another from their share of 48.1 percent in 1979. the Dallas area. We talked about the as one of the top 10 problems that tax- Instead, Democrats in Congress want burdens on small businesses that make payers face when trying to figure out to see everybody end up paying more. it harder for them to create jobs. In how to comply with the law. If this trend continues—in a perverse particular, we talked about the IRS The IRS Code, as I indicated a mo- way, the only way Democrats will be Code and the importance to make it ment ago, is full of special interest able to pay for their plans to grow the fairer, simpler, and flatter. loopholes. With every year that passes, Federal Government is for the rich to Common sense also tells us we need American taxpayers spend more and grow richer. to make the IRS Code a whole lot more more time to try to figure out how to Instead of raising taxes, we should transparent; in other words, ‘‘readily comply with these burdensome provi- make the President’s tax relief passed understood,’’ ‘‘clear,’’ ‘‘easily de- sions. Taxpayers will also work longer by a majority of Congress a permanent tected’’ or ‘‘perfectly evident,’’ which this year to pay for the government—a part of the IRS Code. If Congress fails is the dictionary definition of ‘‘trans- total of 120 days of their income will be to make the tax relief permanent that parent.’’ But according to that defini- used to fund the government. In other has been the driving force in the econ- tion, it is clear the IRS Code fails the words, Tax Freedom Day will not come omy, helping to create 7.9 million new transparency test. until the end of April. That means for jobs since August 2003—if Congress Now, I believe we ought to continue the first 120 days of the year we all fails to make this tax relief permanent, to let in a little bit more sunshine in work for Uncle Sam, and then we get a family of 4 making $65,000 a year how the Government operates and how to the fruits of our labor thereafter, would see their tax bill increase by 58 the people’s money is being spent. I where we get to keep it, use it on our percent. Small businesses that file as think we also need to add a little bit of families, or save it, however we may individuals would see their taxes in- sunshine to how the Federal Govern- see fit. crease by 13 percent. Things such as ment taxes the American people. The But this year, taxpayers will work the $1,000 child tax, relief from the Federal Government should not be longer to pay for Government than marriage tax penalty, and the new low playing a game of ‘‘gotcha’’ with the they will work to provide for food, 10-percent tax bracket put money back owners of the American Government; housing, and clothing combined, which into the pockets of working parents, and that is, we the people. is 105 days, for those three essentials of while small business expensing and div- For example, the vast majority of life—food, housing, and clothing. idend and capital gains tax relief have Americans now require professional as- Taxpayers will work longer to pay helped America’s entrepreneurs expand sistance to help fill out tax documents. their Federal taxes—79 days—than their businesses and create jobs. Why it is the Code is so complex is sim- they will work to pay for housing, Then there is perhaps the ugliest tax ply beyond me. Even taxpayers who which is roughly 62 days. For health of all, which is the death tax. This is and medical care, the estimate is, it want to try to figure out how to do the double taxation, because we all know takes 52 days to work to provide for right thing have a hard time doing it we pay taxes on income as earned. But those essentials. Transportation is 30 on their own and require the assistance the death tax, set to rear its ugly head days, and clothing is 13 days. in 2011, will hit family businesses, of lawyers and accountants to try to Whatever our tax system, be it a flat figure out how to comply with the law. farmers, and ranchers alike, forcing tax, sales tax, or income tax, it ought many to sell their farm to pay the IRS. Six out of every 10 taxpayers in Amer- to be based on three fundamental ideas: ica today require the help of an outside Death should not be a taxable event. simplicity, fairness, and transparency. The numbers speak for themselves in expert to figure out how to do their I think these simple ideas should be terms of the progrowth, low-tax poli- duty when it comes to paying taxes. our guide in reforming and simplifying cies: 21 consecutive quarters of growth, Families and entrepreneurs alike our tax laws. unemployment at historic lows—4.4 spend billions of dollars and thousands While comprehensive tax reform may percent—and 7.9 million new jobs over of hours trying to figure out how to not be right around the corner, the last the past 31⁄2 years. comply with the IRS Code. In fact, it is thing we should do is to raise taxes on We should remember the words of estimated taxpayers in America will families and entrepreneurs and let the former Chief Justice John Marshall, spend 6 billion hours complying with tax relief Congress passed in 2001 and who said: the IRS Code at an estimated compli- 2003 expire. So until we come to the The power to tax is the power to destroy. ance cost of $265 billion. This has more time that we can actually simplify and The last thing we should do is to de- than doubled in just over the past 10 make the IRS Code fairer, the last years, and estimates are it will con- stroy this great economy, which is lit- thing we ought to do is raise taxes on erally the goose that has laid all of the tinue to increase at a faster rate in the the American people. future. This is a statistic that is stag- golden eggs. But the truth is that is what the new Mr. President, I yield the floor and I gering. majority in Congress, elected last No- suggest the absence of a quorum. The number of pages in the Federal vember, decided to do a month ago. The PRESIDING OFFICER. The tax rules has exploded by more than 50 The Senate passed a 5-year budget, clerk will call the roll. percent in the last decade alone. In with Democrats carrying the day, that The assistant legislative clerk pro- fact, since the last major reform effort effectively raises taxes, over the next 5 ceeded to call the roll. in 1986, there have been more than years, by over $700 billion. Unfortu- Mr. GRASSLEY. Mr. President, I ask 14,000 changes to the IRS Code. The nately, this is the kind of tax increase unanimous consent that the order for Federal Government and Congress in that is the most odious and the most the quorum call be rescinded. particular should not be in the business regrettable because it will not even re- The PRESIDING OFFICER. Without of picking winners and losers when it quire Members of Congress to come on objection, it is so ordered. comes to taxpayers in this country. the floor and vote for the tax increase Mr. GRASSLEY. Mr. President, I ask But that is what an exceedingly com- so they can then be held accountable at unanimous consent to speak as in plex IRS Code does. It provides exemp- the polls. morning business for 10 minutes. tions, credits to a variety of different Instead, what Democrats have chosen The PRESIDING OFFICER. Without taxpayers under a variety of different to do is to have silent tax increases so objection, it is so ordered.

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2007 CONGRESSIONAL RECORD — SENATE S4463 MEMORIAL TRIBUTE TO BETTY eral conversations with Betty as they den, she got very weak. We actually BURGER maneuvered through the nomination thought she would come back to work, Mr. GRASSLEY. Mr. President, process. They were an inspiration to but she got weak and then suddenly today I pay tribute to Betty Burger, a her and she knew with good young peo- died. remarkable public servant and extraor- ple in her academies, such as the ones My advice to colleagues would be dinarily devoted congressional staffer. she helped nominate, our country from this: I didn’t get to see her since that Betty died on Saturday at the age of a national security standpoint would last time she was in my office in Janu- 87. Betty was my chief caseworker and be left in good hands. ary. Don’t make the mistake I did. I my oldest and longest serving staff per- In my office, Betty served as a role should have been there by her bedside son. She was still on the payroll as of model for young staffers and seasoned sometime during the period of her last Saturday. colleagues alike. Her work ethic taught week in hospice. I am sorry I wasn’t. Although I am deeply saddened by others to keep one’s nose to the grind- To my colleagues, take a lesson from her departure, it brings me comfort to stone. Her professional attire taught me: When people are sick, see them. know this devoted mother, grand- others appearances do make a positive They may not come back to the office mother, and great-grandmother slipped impression in the workplace. Her as you expect. peacefully into the hands of her Maker. sharp-witted humor elicited laughter Mr. President, I suggest the absence It is fitting that Betty’s loved ones and taught us we could count on Betty of a quorum. kept vigil at her bedside. For nearly 40 to put a smile on everybody’s face. Her The PRESIDING OFFICER. The years, Betty Burger kept vigil for the uncanny grasp of cultural trends and clerk will call the roll. people of Iowa. She started on Capitol current events taught others how to The assistant legislative clerk pro- Hill working for Iowa Representative embrace aging and use one’s work and ceeded to call the roll. Fred Schwengel. After Congressman life experiences for the greater good. Mr. ROCKEFELLER. Mr. President, I Schwengel left office, she worked for I can’t talk about Betty without ask unanimous consent that the order an Illinois Congressman by the name of making it clear she was a fiercely loyal for the quorum call be rescinded. Hanrahan for 2 years. Then she wanted and proud Republican. She modeled The PRESIDING OFFICER. Without to work for an Iowa Congressman compassionate conservatism each and objection, it is so ordered. again, and she joined my staff on my every day she helped an Iowan. Day in f first day on the job in Washington and day out, Betty untangled a knot at after I was elected to the House of Rep- a Federal agency for those who may CONCLUSION OF MORNING resentatives in 1974. Since then, for the have felt at the end of their rope trying BUSINESS last 32 years, Betty has worked as a to get an answer. Mr. ROCKEFELLER. Mr. President, I congressional staffer for the people of I often tell Iowans that representa- ask unanimous consent that the re- Iowa. tive government is a two-way street. maining time for morning business be If Congress needed any rationale for Well, Betty Burger lived and breathed yielded back. eliminating mandatory retirement age the spirit of representative govern- The PRESIDING OFFICER. Without in 1986, Betty Burger is that example. ment. She was the capable, no-non- objection, it is so ordered. Morning As my chief caseworker, Betty earned sense person on the other end of the business is closed. a lifetime of experience on the job mas- phone who brought thousands upon f tering the ins and outs of the Federal thousands of Iowans hope and peace of bureaucracy. Her countless contacts mind. She paved the street between INTELLIGENCE AUTHORIZATION within Federal agencies put a face on Iowans and the Federal agencies from ACT FOR FISCAL YEAR 2007 the so-called faceless bureaucracy. No which they required service. The PRESIDING OFFICER. Under one knew how to cut through redtape As her boss, I owe Betty a debt of the previous order, the Senate will re- more swiftly and surely. Betty was a gratitude for her tireless commitment, sume consideration of S. 372, which the masterful detective the way she unwavering loyalty to this country, to clerk will report. tracked down disability claims and the people of Iowa, and to me. As A bill (S. 372) to authorize appropriations benefit errors at the Social Security Iowa’s senior Senator, I place a pre- for fiscal year 2007 for the intelligence and Administration. She decoded the maze mium on constituent service. Betty un- intelligence-related activities of the United of paperwork at the Veterans Affairs derstood this as well as anyone and ex- States Government, the Intelligence Com- Department, and navigated Byzantine ceeded my expectations. munity Management Account, and the Cen- immigration rules for constituents As her friend, Barbara and I extend tral Intelligence Agency Retirement and Dis- struggling with citizenship, employ- our heartfelt sympathies to Betty’s ability System, and for other purposes. ment status, and deportation issues. family and the loved ones she leaves Mr. ROCKEFELLER. Mr. President, Betty Burger knew how to cut to the behind. As they remember their be- first, let me express my disappoint- chase at the State Department for loved mother, grandmother, sister, ment that we are here under these cir- Iowans who were traveling, working, or aunt, friend, and neighbor, please know cumstances. This is not the way we studying abroad. we will dearly miss this classy and should be handling this important na- Most of Iowa’s 2.9 million residents spirited Iowan who became part of our tional security legislation. didn’t know Betty Burger personally, family during her honorable tenure—a The fiscal year 2007 Intelligence au- but I want them to understand how lifetime—on Capitol Hill. thorization bill should have been con- this dedicated public servant made a In the last four decades, many sidered by the Senate, in fact, 7 months difference for Iowans. Betty did her job Iowans have felt touched by a guardian ago when it was reported unanimously for them with remarkable efficiency, angel when Betty worked her magic on by the Intelligence Committee. That is tenacity, and integrity. I heard first- their behalf. May God’s blessings con- usually the way things are meant to hand gratitude about Betty’s work tinue to shine upon this guardian angel work. For reasons that are still not from individual Iowans nearly every from Fairfield, IA, as she rests in peace clear to me, it was never brought be- time I went home and held town meet- alongside her husband John. fore the Senate. ings. Betty also touched the lives of If I could give some advice to my col- Because of the importance of this Iowans and their families through her leagues, I last saw Betty in early Janu- legislation, Vice Chairman BOND and I work to nominate outstanding young ary. If we hadn’t been in session in made the Intelligence bill the first people to our Nation’s service acad- early January of this year, probably order of business this January when emies. She would always talk about the last time I would have seen her the new Congress convened. We hoped what a great group we had this year. would have been before Christmas. the Senate could act swiftly on the bill Let me tell my colleagues something Betty got sick about that time and so we could move to the conference about Betty. We always had a great was going to the doctor. We were keep- with the House, but an anonymous hold group of academy nominees as far as ing in touch with her by phone but al- on the other side prevented us from Betty was concerned. These young high ways waiting for her to get better and bringing up the bill and passing it by school kids and their parents had sev- come back to work. Then, all of a sud- unanimous consent. Again, I am not

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4464 CONGRESSIONAL RECORD — SENATE April 16, 2007 clear what the reason for that might top line, one number for all intel- information, they could easily ask the have been, but it was discouraging to ligence spending. intelligence community to request the us and, in any event, it precluded our The second action is a study and re- information under this expedited pro- taking any action whatsoever. port by the Director of National Intel- cedure. It sounds wordy; in fact, it is Fortunately, Senator REID under- ligence on whether the top line for very easy. I think this is a sensible stands how important this legislation each intelligence community element; modification to alleviate the concern is. So last week he attempted to call up that is, the CIA, NSA, et cetera, can al- that the Intelligence Committee would the bill. But even that simple motion ways be declassified without harming be overwhelmed with requests requir- to proceed to the bill was blocked, forc- national security. This was a rec- ing short turnaround times. Vice ing the Senate to invoke cloture by a ommendation, in fact, of the 9/11 Com- Chairman BOND and I are sensitive to vote of 94 in favor and 3 against. mission. that concern and modified the matter. The Senate, after 7 months of delay, The managers’ amendment; that is, A second provision of the bill dealing is finally considering the legislation the amendment by Senator BOND and with the provision of information to that sets the policy framework for the myself, struck that requirement for a Congress is section 304. That section Nation’s intelligence efforts, but be- study and a report on the agency-level tightens up the requirement for the cause of the inordinate number of ob- declassification. The study and report President to fully inform the Intel- stacles put in the path of the bill to alarmed some who believed that de- ligence Committees about intelligence date, the majority leader has been classification itself would cause no activities, including covert actions. forced to file a motion to invoke clo- harm but worry that it could lead to a Section 304, as reported, requires if the ture on this legislation. I agree with ‘‘slippery slope’’ of revealing too much President does not inform all members him that this is the only way to force information. of the committee about intelligence ac- the Senate to finally do its job and The managers’ amendment returns tivity, the DNI must provide all mem- pass this very important bill. It is un- the bill language to the specific stated bers with a summary with sufficient fortunate, but it has to happen. This is objective; that is, the declassification information to permit members to as- national security legislation. of the overall national intelligence sess the legality, benefits, cost, and ad- I strongly encourage all of my col- budget. This is something the Senate visability of these activities. This is on leagues to support cloture so that we has voted for twice in the last 21⁄2 a case-by-case basis. can move this bill forward to a con- years, including last month when it There was a discussion of this provi- ference with the House. I know I am passed S. 4. sion during our markup, and the ad- joined by my colleague, the vice chair- This concurrent version of the au- ministration has objected that this re- man. I understand that some, both in thorization bill includes another provi- quirement is too detailed. The man- the Senate and in the administration, sion that has passed the Senate twice agers’ amendment seeks to resolve that have expressed concern with a number but which concerns the administration objection by providing instead that the of the provisions of the bill. The Office and some of our colleagues. That provi- DNI submit a classified notice with ‘‘a of Management and Budget issued a sion in section 108 provides additional description that provides the main fea- Statement of Administration Policy authority for congressional commit- tures of the intelligence activities.’’ last Thursday including a veto threat, tees, including the Intelligence Com- This standard is sufficiently broad to and unfortunately that statement ig- mittees of both the House and Senate, allow the notification of members, but nored several important developments to obtain intelligence documents and at the same time protects sensitive and several changes Vice Chairman information. sources and methods or ongoing oper- ations. BOND and I have proposed in a man- The managers’ amendment modifies Section 310 of this bill, as reported, agers’ amendment, which I am going to section 108 in three ways. First, it dou- would establish a pilot program on ac- talk about briefly. bles the amount of time the adminis- cess by the intelligence community to The administration complains about tration will have to respond to these information protected by the Privacy the magnitude of the fences and other priority requests from 15 to 30 days. Act. This provision was controversial restrictions contained in the classified Second, section 108 currently applies and several members expressed res- annex to the bill. They ignore the fact to requests from any committee—any ervations. We subsequently learned the that the classified annex was drafted committee—that has jurisdiction over administration is no longer seeking last September with a view to having it any part of intelligence, not just the this authority, so the managers’ in full effect for the full fiscal year. Intelligence Committees of full juris- amendment strikes section 310 from Vice Chairman BOND and I decided in diction in the House and Senate. This the bill. January that the best approach to amendment will limit the provision to Finally, the managers’ amendment achieve swift passage was to simply requests from the Intelligence Commit- modifies one of the reporting require- bring up and pass the bill as it had tees. ments included in the bill. Section 314 been reported unanimously last year. Third, it would make clear the Intel- requires a classified report from the We have always known that many of ligence Committee could specify a Director of National Intelligence about these provisions have become outdated greater number of days than 30 for in- clandestine prisons. One part of that or have been overtaken by events. Of telligence community responses. We provision called for reporting on the lo- course, they will be adjusted, or per- are not unreasonable people, and if cation of any clandestine detention fa- more time is needed, we would, obvi- haps dropped, when we go to con- cility. Vice Chairman BOND and I ference. We have no intention of fenc- ously, want to be helpful. agreed this particular information was ing 50 percent of a program with only 4 Let me be clear to my colleagues on of such sensitivity it should not be in- or 5 months left in this year. Please other committees with jurisdiction cluded in this report. The managers’ give us some credit. that touches on intelligence matters, amendment strikes that one require- Perhaps the more important omis- because some of them are sensitive ment. sion in the OMB statement is the effort about this issue. These changes will in Mr. President, might I ask before that Vice Chairman BOND and I have no way limit their ability to ask for calling up the managers’ amendment, made to address, through a managers’ and receive intelligence-related infor- does the distinguished vice chairman amendment, many of the administra- mation. In fact, any Senator can ask wish to speak? tion’s specific concerns with those leg- for such information. Mr. President, will the vice chairman islative provisions. I will run through The amendment sets up an expedited have adequate time to speak? these provisions quickly. procedure available to the Intelligence Mr. BOND. Mr. President, if the chair- As reported by the committee, the Committees, but it does not change ex- man wishes to offer the amendment, I bill requires two actions related to the isting relations or procedures for ob- will be happy for him to do that. I will public disclosure of intelligence budg- taining such information for other talk as long or short as I have the op- ets. First, it requires the public release committees. That should be of comfort. portunity. of an overall budget request authoriza- If another committee were to encoun- The PRESIDING OFFICER. There is tion and appropriation, the so-called ter difficulty in obtaining intelligence no time limit on the bill at this point.

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2007 CONGRESSIONAL RECORD — SENATE S4465 AMENDMENT NO. 843 ligence community and provide nec- sight, and we do so with an aim of im- Mr. ROCKEFELLER. Mr. President, I essary legislative support to ensure proving intelligence, the products that offer the managers’ amendment. that the intelligence activities not come out, and also ensuring that proce- The PRESIDING OFFICER. The only are staying within the road dures are properly contained within clerk will report. lines—staying on the road in the the rules of the road, and we will con- The bill clerk read as follows: path—but also being carried out effec- tinue to seek those legislative over- The Senator from West Virginia [Mr. tively. That is why we feel it is tre- sight tools. ROCKEFELLER], for himself and Mr. BOND, mendously important we pass this leg- We are going to accommodate the proposes an amendment numbered 843. islation. reasonable concerns of the Executive in (The amendment is printed in today’s The chairman has pointed out there every instance that we can because we RECORD under ‘‘Text of Amendments.’’) are concerns that have been voiced by want to make sure we don’t, either by Mr. ROCKEFELLER. I yield the the administration about this bill. To overt or inadvertent action, com- floor. be candid, there are some provisions in promise intelligence sources, intel- The PRESIDING OFFICER. The Sen- the bill I do not favor or at least ques- ligence methods, or other essential in- ator from Missouri. tion. I hope in the amendment process telligence programs that are necessary Mr. BOND. Mr. President, I am very and in the House-Senate conference we for the safety of our homeland and the pleased to join my distinguished col- can develop a good bill that will be safety of our troops in the field. league, the chairman of the Intel- signed into law. But it is important to In addition to the measures con- ligence Committee, Senator ROCKE- remember—and my colleagues who tained in the managers’ amendment, I FELLER, in not only bringing before have expressed concerns particularly have filed nine amendments, some of this body the Intelligence authoriza- about the administration’s objections which overlap with the managers’ tion bill, S. 372, but also offering the should know—that what has been out- amendment that we can discuss on the managers’ amendment. This is an im- lined by the chairman in the managers’ Senate floor. Some of these may be portant first step for the Senate to re- amendment begins to deal with the necessary to ameliorate and alleviate turn to and enhance its responsibilities major questions they have. The chair- the administration’s concerns. We were of coordinating oversight and con- man and I have agreed it makes sense, disadvantaged in filing this managers’ ducting aggressive oversight of intel- for example, to declassify the top line amendment because the time that we ligence activities and programs. number of the intelligence budget. had to do it was the time when most The committee has not been able to I have talked with leaders in the in- Members were out of Washington, DC, pass an authorization bill in the last 2 telligence community and I said: Does in their home State, which has led to years, which means the work that has that cause you any problems? They some confusion. gone on in the committee cannot be re- said: No. It is only when you get below I hope everybody who had a first-de- flected in guidance to the committee that. Were you to go down the slippery gree amendment that they wanted filed or in carrying out our oversight re- slope of disclosing amounts going into was able to file it by 2:30. We hope we sponsibilities. particular units or particular programs will be able to deal with those amend- Some Members may recall, others of the intelligence community, you ments, and also we look forward to a have been informed, that 30 years ago give away vital secrets. good, robust debate on the floor of the the Senate Select Committee on Intel- This body has twice gone on record Senate. ligence was formed to address a serious and was stated by the chairman and I hope we will have ready a descrip- problem. There had been a complete the 9/11 Commission has recommended tion, at least for our side, of the provi- lack of congressional oversight of U.S. disclosing the overall number so that sions in the managers’ amendment. intelligence operations. Then when we the people of America will know Most of the concerns I have heard reviewed the attacks of September 11, whether we are continuing to support about this bill are concerns that should the findings of our committee and the the intelligence community ade- be alleviated by the managers’ amend- findings of the 9/11 Commission con- quately, whether we are supporting it ment, so I would ask all of my col- firmed that congressional oversight of with the kinds of resources needed. leagues to read carefully the provisions intelligence was not what it should be. In our managers’ amendment, we in the managers’ amendment to ensure We firmly believe that enacting S. took out a study that would purport to that we have resolved those concerns. 372 will move us a long way in restor- look at the possibility of declassifying In addition, Senator ROCKEFELLER ing the Senate’s legitimate role in further details, other than the top line. and I are always willing to discuss with oversight of U.S. intelligence. I believe We both agreed that should be out. The colleagues, in this unclassified setting, we must be in a position where we can administration also was concerned the unclassified portions and our rea- assure our colleagues and the people of about identifying certain sites, and we soning for it. Our invitation to Mem- the United States that the intelligence agreed, and in our managers’ amend- bers still stands; that if Members want activities necessarily conducted in se- ment we will take out any reference or to be briefed on classified portions of cret do comply with the Constitution, any requirement of identifying those the intelligence bill or on matters that the treaties and the laws of the United certain sites. The administration also cannot be discussed on the Senate States and other mandates and limita- was concerned about the number of floor, we stand ready with our staffs to tions placed on the exercise of that se- people, the manner of informing mem- have briefings set up in the intel- cret power. bers of the committee about certain ligence facilities to fill them in on Make no mistake about it, intel- activities that were highly classified. questions that they may legitimately ligence in this global war on terror, We are working to remedy that. The have. which has been declared on us by al- administration also had concerns about We will look forward to conducting Qaida and other Islamic groups, is one getting reports filed, the potential for the debate in the time ahead. that can only be countered with effec- a large number of requests being I thank the Chair, I yield the floor, tive intelligence. Intelligence is the dumped on the intelligence commu- and I suggest the absence of a quorum. most important weapon we have in nity, and we have dealt with that. The PRESIDING OFFICER. The keeping our homeland safe and pro- So there are other items the adminis- clerk will call the roll. tecting U.S. interests and citizens tration has concerns about, and we The bill clerk proceeded to call the abroad. We need to make sure it is may be able to address some of those roll. done properly. We need to make sure it here. We may be able to address some Mr. REID. Mr. President, I ask unan- is done effectively. of those when we get to conference, if imous consent the order for the Having studied the intelligence com- they still are not properly solved. But quorum call be rescinded. munity and having gone through ex- I would say one thing. The administra- The PRESIDING OFFICER. Without haustive reviews over the last 4 years tion, like every administration, some- objection, it is so ordered. of shortcomings pointed out in the in- times feels that congressional over- MOVING AMERICA FORWARD telligence community operations, we sight goes further than they would Mr. REID. Mr. President, my distin- believe we can work with the intel- like. Well, our job is to conduct over- guished counterpart, the Senator from

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4466 CONGRESSIONAL RECORD — SENATE April 16, 2007 Kentucky, Senator MCCONNELL, held a critical work they do in fighting the forced us to do this. The bills we passed press conference at 2:30, talking about war on terror. We are so fortunate that have been bipartisan: Ethics/lobbying what the Senate has not accomplished we have bipartisan cooperation of the reform got a big bipartisan vote; min- this year. I, of course, am very dis- management of the Intelligence Com- imum wage, big bipartisan vote; the appointed in that because I thought we mittee. Senator ROCKEFELLER and Sen- continuing resolution, a big bipartisan had done a lot. I believe we have pro- ator BOND have worked closely to- vote—we had to do that to fund the duced. gether. They want this legislation to Government—the 9/11 Commission rec- The minority talk a lot about their move forward. ommendations, big bipartisan vote; desire to see this Congress pass mean- This should not be a partisan issue. stem cell, big bipartisan vote; the sup- ingful legislation. They talk a lot We had to vote to get 60 votes to pro- plemental, a bipartisan vote. Sure, we about supporting our troops. We have ceed to the legislation. I said at that have had to file cloture because there heard a lot from them about the need time, if you want to offer amendments has been a minority of Senators on the to defeat terrorists and make the coun- while we are in the 30 hours other side who forced us to do that on try more secure. Their actions do not postcloture time, do it. Now I am told these bipartisan bills. match their rhetoric. In far too many the ability for us to get on the bill is My friend, the minority leader, is instances, our Republican colleagues going to be thwarted by not allowing right, we have filed cloture a number of say one thing and do another. us to have 60 votes. times. The fact is, his side forced us to Last week, the 110th Congress I was upstairs this afternoon in room do so rather than let us proceed di- reached its 100th day. In that time, the 407, getting a briefing on issues that rectly to these bills—and this bill. We Senate has passed a series of bills that are important to our country. It is so have been forced to jump through a would move our country forward. With important that we move forward on number of procedural hoops designed to bipartisan support, we passed the this legislation and support our people block legislation that enjoyed bipar- toughest lobbying ethics reform legis- who are making America safe and se- tisan support. lation in the entire history of our cure and protecting our interests all I will continue to do that. I under- country. With bipartisan support, we around the world. Sixteen agencies, I stand the rights of just a few Senators voted to give working Americans a repeat, of the U.S. intelligence commu- and if a few Senators want to stop us much deserved and long overdue raise nity want this legislation passed. from moving forward, that is fine. But in the minimum wage. With bipartisan We are in a battle around the world to think that we couldn’t get 10 Repub- support, we passed a continuing resolu- on terrorism. Shouldn’t our intel- licans to support us on a motion to in- tion that enacted tough spending lim- ligence community be able to move voke cloture on an Intelligence author- its and eliminated earmarks for this forward with this legislation? I repeat: ization bill? That is beyond my ability year. With bipartisan support, we It was written by the Republicans. Why to comprehend, why the Republicans passed every single recommendation of would they not let us go forward on would stop us from moving forward on the 9/11 Commission, after it lan- this legislation? Is it because—I don’t an Intelligence authorization bill. I guished in the Republican-controlled know. Is it because Vice President CHE- have said they can offer amendments Congress for 21⁄2 years. With bipartisan NEY thinks he is going to lose a little of to the bill. Even though I thought it support, we passed a responsible, bal- his power directing everything covert was absolutely wrong that we had to anced, pay-as-you-go budget that re- that goes on in the intelligence com- vote cloture on the motion to proceed, duces taxes for working Americans and munity? Is he the one stopping this? I said, during the 30 hours, if you want invests more in education, veterans, Why? Why can’t we pass legislation to offer amendments, go ahead and do and health care. With bipartisan sup- that was written by the Republicans to so. ‘‘No.’’ port, we passed legislation that would improve our intelligence operations? This is not ethics reform, it is not fully fund our troops while forcing the This legislation includes essential minimum wage, it is not stem cell re- President to change course in Iraq. initiatives that would improve our ef- search, it is not the continuing resolu- And, last week, with bipartisan sup- forts to fight terrorism and control tion—it is the ability of our intel- port, once again, we passed legislation weapons of mass destruction, enhance ligence agencies to do their work: the to open the promise of stem cell re- our intelligence collection capabilities, CIA, FBI, NSA, Defense Department. I search in a responsible and ethical and strengthen intelligence oversight. urge the minority to not stop this bill way. Does anybody dispute that? For 27 from going forward. The vote is at 5:30. The American people want Congress years, since we first started doing an But that is what I am told is going to to put petty bickering aside. This is ex- Intelligence bill, we passed it every happen. Their actions, if in fact they actly what I believe this Congress has year. But not the last 2 years. Blocking follow through on this, are not in the done. It has not been easy. My Repub- passage of the bill leaves Congress si- best interests of the American people. lican colleagues have, time and time lent on these important matters, deal- Anyone who has been told that they again, allowed a small minority in ing with terrorism, weapons of mass are being stymied from offering amend- their caucus to block progress that the destruction, intelligence collection ca- ments is not being told the truth. American people, and a bipartisan ma- pabilities, and intelligence oversight. We will continue to work in a bipar- jority of the Senate, demand. On every It is so important to pass this bill. This tisan manner to move our country for- piece of legislation I mentioned, we is not a partisan issue. I don’t think ward. The bills that passed this body so have had to file cloture. there are political points to be scored far this year have been bipartisan, with Sadly, on the most important issue on either side. overwhelming support, and, yes, we did facing our country, national security, I hope my friends on the other side of have to file cloture because a small this has been especially apparent. The the aisle will let this legislation go for- number of people held us up from mov- minority forced us to come up with 60 ward. We have a managers’ amendment ing on this most important piece of votes to pass the 9/11 Commission rec- that Senator ROCKEFELLER and Senator legislation. ommendations. They required the same BOND worked on that would be accept- I hope there will be people who will for the Iraq supplemental bill. ed. I cannot imagine why we would be move away from this madding crowd Now it appears this same group of stopped on an Intelligence authoriza- who will not allow us to help these Republicans will attempt to block pas- tion. I have been told that the word is agencies do their work. sage of the Intelligence Authorization out, the Republicans are not going to The PRESIDING OFFICER (Mr. bill, the bill they wrote when they were support cloture on this most important WHITEHOUSE). The Senator from Vir- in the majority but failed to pass for 2 bill. ginia. years. As everyone knows, the Intel- My friend, the distinguished Repub- VIRGINIA TECH MASSACRE ligence Authorization bill funds the op- lican leader, pointed out this afternoon Mr. WARNER. Mr. President, I am eration of 16 agencies of the U.S. intel- that we filed cloture a number of times joined on the floor by my distinguished ligence community, including the CIA, this year. We surely have. We surely colleague, Senator WEBB. We wish to the FBI, the National Security Agency, have, because there has been a minor- address the Senate, indeed speak with the Defense Department, and all the ity of people on the other side who all America, for we Virginians have

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2007 CONGRESSIONAL RECORD — SENATE S4467 suffered today one of the most grievous divide us by party, but certainly on an Maine. I thank other colleagues who incidents ever to occur in our State or, issue such as this we are all together in have spoken to me and to my distin- indeed, in America. extending our compassion and our re- guished colleague, Senator WEBB. We I speak to the tragic loss of life and grets to the families of those who are thank the Senate for its compassion in tragic injury of so many students and involved. this matter. Each Senator feels deeply faculty at the distinguished and vener- This is a great institution. The lives that it could have happened, I suppose, able institution of Virginia Tech in that were lost today were of those peo- this sort of tragic situation, in any Blacksburg, VA. ple who had in their early days dem- State in the Union. So we are all shar- All America joins to mourn these onstrated an enormous amount of ing this tragic moment in the life of young people whose lives of promise promise, and we again express our re- America. have been cut so short, and those in- grets to the families and our deter- I yield the floor. jured as they, hopefully and prayer- mination that we will help the people The PRESIDING OFFICER. The Sen- fully, recover from their wounds. I of the community around Virginia ator from Maine is recognized. must say, I have been privileged to Tech regain the sense of purpose and Ms. COLLINS. Mr. President, can the serve in this institution for many vitality once we reach more under- Chair inform me of whether there is an years. I served in many other posts of standing of what happened. amendment pending at the current public service in my lifetime. This Again, I thank the senior Senator time? tragedy, this tragedy is an incompre- and I thank you, Mr. President, for al- The PRESIDING OFFICER. Only the hensible situation, an incomprehen- lowing us to stop for a few moments in managers’ substitute. sible, senseless act of violence. business today to mention this inci- AMENDMENT NO. 847 TO AMENDMENT NO. 843 In time, be it days or weeks, Ameri- dent. Ms. COLLINS. Mr. President, I call cans will learn more about the cir- I yield the floor. up amendment No. 847, which is pend- cumstances of today in Blacksburg, The PRESIDING OFFICER. The Sen- ing at the desk. VA. For now, however, and forever ator from Virginia, Mr. WARNER, is rec- The PRESIDING OFFICER. The after, our hearts and our prayers are ognized. clerk will report the amendment. with the victims, their families, and Mr. WARNER. Mr. President, I thank The assistant legislative clerk read the other students and faculty at Vir- my colleague. We do recognize, both of as follows: ginia Tech and, indeed, their families. us, our gratitude to the bipartisan The Senator from Maine [Ms. COLLINS], for Virginians are proud of this historic leadership of this institution in open- herself, Mr. LIEBERMAN, Mr. CARPER, Mr. university. I have known it all my life- ing today’s session with a prayer and a COLEMAN, and Mr. AKAKA, proposes an time and how it has served our State moment of silence to honor the vic- amendment numbered 847 to amendment No. and Nation for nearly a century and a tims; not only the victims involved but 843. half as an exemplary institution of those at this great university and Ms. COLLINS. Mr. President, I ask learning, one that has contributed throughout the State. unanimous consent that reading of the many fine young men and women to I also thank our Governor. Our Gov- amendment be dispensed with. the Armed Forces of our United States. ernor is en route quickly returning The PRESIDING OFFICER. Without For the moment, I simply close by from a trip to Japan. He has been in objection, it is so ordered. saying that the historic and proud tra- contact and received a call from the The amendment is as follows: dition of Virginia Tech will carry on. President of the United States, George (Purpose: To reaffirm the constitutional and Our State embraces them as does all Bush. We have talked with his chief of statutory protections accorded sealed do- America. We will work with them to staff throughout the day and have mestic mail, and for other purposes) make sure they can carry on. waited until this time, until such facts At the appropriate place, insert the fol- I yield the floor. have been gathered, the few that are lowing: The PRESIDING OFFICER. The Sen- known about this tragedy, before ad- SEC. lll. SENSE OF CONGRESS RELATING TO ator from Virginia, Mr. WEBB, is recog- dressing the Senate. CONSTITUTIONAL AND STATUTORY nized. I thank the Chair. I thank my col- PROTECTIONS ACCORDED SEALED Mr. WEBB. Mr. President, I would leagues. DOMESTIC MAIL. like to thank the senior Senator from I yield the floor. (a) FINDINGS.—Congress finds that— Virginia for having taken the initiative The PRESIDING OFFICER. The Sen- (1) all Americans depend on the United States Postal Service to transact business to bring this matter briefly to the floor ator from Maine is recognized. and communicate with friends and family; today as we consider other issues. Ms. COLLINS. Mr. President, before (2) postal customers have a constitutional As we have learned more facts about the two Senators from the Common- right to expect that their sealed domestic this incident during the time that I wealth of Virginia leave the floor, let mail will be protected against unreasonable was presiding over the Senate, I am me express to them our sympathy and searches; sure that over the next day or so we sorrow over the tremendous tragedy (3) the circumstances and procedures under are going to learn a lot more that will suffered in their State today. which the Government may search sealed help us understand, perhaps, how this A member of my staff has a son who mail are well defined, including provisions under the Foreign Intelligence Surveillance incredibly tragic incident occurred. attends this fine institution. Fortu- Act of 1978 (50 U.S.C. 1801 et seq.), and gen- We will have time to reach out to the nately, she has learned that he is fine, erally require prior judicial approval; grieving families and hopefully begin but you can imagine her anxiety as she (4) the United States Postal Inspection to heal ourselves and to again regain was waiting to hear from her son and Service has the authority to open and search the confidence and the respect of the had the television on hearing the re- a sealed envelope or package when there is people who go to that institution. But ports. immediate threat to life or limb or an imme- I thank the senior Senator for bringing I say to both of the Senators from diate and substantial danger to property; this matter to the floor. I want to asso- Virginia that our hearts go out to (5) the United States Postal Service af- ciate myself fully with his comments. firmed January 4, 2007, that the enactment them, to the members of this fine insti- of the Postal Accountability and Enhance- There is very little I can add in terms tution in Virginia, and to those who ment Act (Public Law 109–435) does not grant of describing the depth of our feelings are affected by this terrible violence. Federal law enforcement officials any new and our regret over the fact that this Before I turned to the issue that has authority to open domestic mail; incident has occurred. brought me to the Senate floor, I just (6) questions have been raised about these It is an incredible human tragedy. As want to extend my condolences on be- basic privacy protections following issuance I said, there will be, I am sure, many half of the people of Maine to the peo- of the President’s signing statement on the stories over the coming days about how ple of Virginia. Postal Accountability and Enhancement Act it occurred and the implications of it. The PRESIDING OFFICER. The Sen- (Public Law 109–435); and (7) the Senate rejects any interpretation of But it is very fitting for us to pause for ator from Virginia, Mr. WARNER, is rec- the President’s signing statement on the a few moments as we consider all of ognized. Postal Accountability and Enhancement Act these other issues that are on the Mr. WARNER. Mr. President, I thank (Public Law 109–435) that in any way dimin- table, some of them which obviously my colleague and dear friend from ishes the privacy protections accorded sealed

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4468 CONGRESSIONAL RECORD — SENATE April 16, 2007 domestic mail under the Constitution and afforded sealed domestic mail. For reading their sealed mail, absent a Federal laws and regulations. some, it raised the specter of the Gov- court order or exigent circumstances. (b) SENSE OF CONGRESS.—It is the sense of ernment unlawfully monitoring our Any contrary interpretation of the Congress that Congress reaffirms the con- mail in the name of national security. Postal Reform Act is just plain wrong. stitutional and statutory protections ac- corded sealed domestic mail. Given this unfortunate and inac- I think it is important that the Senate curate perception, I wish to be very go on record affirming this basic con- Ms. COLLINS. Mr. President, I am clear, as the author of the postal re- stitutional privacy—statutory privacy, calling up this amendment on behalf of form legislation; nothing in the Postal as well—that Americans have always myself, Senator LIEBERMAN, Senator Reform Act nor in the President’s sign- counted on. CARPER, Senator COLEMAN, and Senator ing statement in any way alters the Our amendment will do nothing to AKAKA. privacy and civil liberty protections weaken the vital protections we have Our bipartisan amendment reaffirms provided to a person who sends or re- created against terrorist attacks, but the fundamental constitutional and ceives sealed mail. it will remove any doubt that our fun- statutory protections accorded to In fact, the President’s signing state- damental protections of privacy rights sealed domestic mail, even as we make ment appears to do nothing more than have in some way been weakened by provisions for sustaining our vital in- restate current law. By issuing the the signing statement that, unfortu- telligence-gathering activity in the in- signing statement, however, the Presi- nately, the President chose to issue. terests of advancing the goals of pro- dent, unfortunately, generated ques- So I urge my colleagues to remove tecting our homeland from attack. tions about the administration’s in- any doubt, to make it clear that the I am very pleased to have the distin- tent. new law, on which we worked so hard guished chairman of the Senate Home- I am confident the administration for 3 years and which was signed into land Security Committee, Senator LIE- does not intend to interpret the law law last December, does not change BERMAN, as a cosponsor, as well as Sen- differently or change the constitu- this in any way. ator CARPER of Delaware, who was the tional or statutory protections. But, Again, I thank the chairman of the coauthor with me of the postal reform unfortunately, this is the case, again, Intelligence Committee and the rank- legislation that passed and was signed of where the President stepped forward ing member for their willingness to dis- into law last year. and issued a signing statement, upon cuss this issue. Senator COLEMAN and Senator AKAKA signing this bill into law, that has cre- Mr. President, I yield the floor. have also been very active on postal ated concern and confusion where none Mr. ROCKEFELLER. Mr. President, I issues. I have also had the opportunity existed before. I think it is unfortunate suggest the absence of a quorum. to talk with the distinguished chair- the President did so. The PRESIDING OFFICER. The man and the ranking member of the In- Under current law, mail sealed clerk will call the roll. telligence Committee about this pro- against inspection is entitled to con- The assistant legislative clerk pro- posal. stitutional protection against unrea- ceeded to call the roll. For those who may not have followed sonable searches. With only limited ex- Mr. WYDEN. Mr. President, I ask this issue, let me first provide some ceptions, the Government needs a unanimous consent that the order for brief background. On December 20, court warrant before it can search the quorum call be rescinded. President Bush signed into law the sealed mail. This is true whether the The PRESIDING OFFICER. Without Postal Accountability and Enhance- search is conducted to gather evidence objection, it is so ordered. ment Act that Senator CARPER and I under our Criminal Code or to collect Mr. WYDEN. Mr. President, first, I introduced last year. This new law foreign intelligence information under see the distinguished chairman of the makes the most sweeping changes in the Foreign Intelligence Surveillance committee and the vice chairman of the Postal Service in more than 30 Act of 1978, perhaps better known as the committee on the floor. I commend years. the FISA Act. both of them for their excellent work The act will help the Postal Service Exceptions to the warrant require- on this legislation. I particularly wish meet the challenges of the 21st cen- ments of the fourth amendment are to commend Chairman ROCKEFELLER tury, establish a new rate-setting sys- limited. When there is an immediate and Vice Chairman Bond for the bipar- tem, help ensure a stronger financial danger to life or limb or an immediate tisan approach the two of them have future for the Postal Service, provide and substantial danger to property, brought to tackling these important more stability and predictability in then the Postal Service can search a issues in this session of the Senate. rates, and protect the basic features of domestic sealed letter or package with- It is extremely important that intel- universal service. out a warrant. Let me give you exam- ligence is conducted in a bipartisan One of the act’s many provisions pro- ples of what we are talking about. fashion and the chairman and vice vides continued authority for the Post- What we are talking about when we are chairman have set a model in terms of al Service to establish a class of mail talking about immediate threats could approaching these issues in that fash- sealed against inspection. include wires protruding from a pack- ion. Now, let me make very clear, this is age that gives one the reasonable belief In the 1970s, Members of Congress re- not new authority. This is a continu- there may be a bomb inside. Another alized there was not nearly enough ation of authority that the Postal example might be odors or stains that oversight of our Nation’s spy agencies, Service already has. indicate the presence of a hazardous and this lack of oversight led to a num- Regrettably, on the day that he material. ber of serious abuses. In response to signed the Postal Reform Act into law, Americans depend upon the U.S. the abuses, the Senate created the Se- the President also issued a signing Postal Service to transact business and lect Committee on Intelligence, on statement which has created some con- to communicate with friends and fam- which I am proud to serve. Each year, fusion about the continued protection ily. If there is any doubt in the public’s for 29 straight years, our committee of sealed domestic mail. He construed mind that the Federal Government is has produced an intelligence authoriza- that particular provision in our bill to not protecting the constitutional pri- tion bill, and this annual legislation permit ‘‘searches in exigent cir- vacy accorded their mail, if there is a has given Congress a means by which cumstances, such as to protect life and suspicion that the Government is un- to exercise oversight of the classified safety.’’ lawfully opening mail, then our peo- intelligence budget and provide guid- Now, since that time, the President’s ple’s confidence in the sanctity of our ance to the Central Intelligence Agen- spokesman has made very clear that mail system and even in our Govern- cy, National Security Agency, and var- the President’s signing statement was ment itself will be undermined. ious other important intelligence agen- not intended in any way to change the That is why I have joined my col- cies. scope of the current law. But the state- leagues in offering this amendment In 2005 and 2006, regrettably, the Con- ment caused confusion and concern today. It makes clear to all law-abiding gress failed to pass the Intelligence au- about the President’s commitment to Americans that the Federal Govern- thorization legislation. In my view, abide by the basic privacy protections ment will not invade their privacy by this is inexcusable. At a time when

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2007 CONGRESSIONAL RECORD — SENATE S4469 Americans were questioning our intel- over of the management of several Senate to return to its responsibility of ligence agencies’ ability to keep them United States ports by Dubai Ports conducting oversight of U.S. intel- safe, the Congress failed to provide the World, I became convinced that the ligence activities and programs. Enact- necessary support. At a time when the process for approving these foreign pur- ing S. 372 into law will help restore the intelligence community was under- chases did not include sufficient due Senate’s legitimate role in oversight of going major reorganization, Congress diligence. There ought to be more room U.S. intelligence. failed to provide sufficient guidance. in this process for input from the intel- As I said, the administration has At a time when our allies and our own ligence community, and these addi- voiced some concerns about provisions citizens were raising serious questions tional resources that have come about in the bill, and the chairman and I about our detention policies, the Con- as a result of this amendment I devel- have made a good-faith attempt to ad- gress failed to conduct oversight. At a oped with Chairman ROCKEFELLER dress those concerns. We have a man- time when Americans were opening would support that. agers’ amendment, plus several other their morning papers and reading The last of these amendments would amendments on which the chairman about the aggressive new forms of Gov- maximize the criminal penalty for and I agree that we think are legiti- ernment surveillance, such as the knowingly and intentionally disclosing mate and measured modifications that President’s warrantless wiretapping the identity of a covert agent. Like don’t change the basic purpose of our program, the Congress failed to de- many Americans, I was shocked and provisions but meet some of their ob- mand accountability. disappointed to learn that members of jections. The committee did report Intel- the administration exposed the iden- As I said before, there are provisions ligence authorization bills for fiscal tity of an undercover CIA officer for in the bill that we do believe need such years 2006 and 2007, but they were partisan political purposes. Undercover changes. Should any Member, however, blocked repeatedly by anonymous officers perform a vital and demanding feel we have not gone far enough, we holds. Regrettably, the previous leader- service for the Nation, and the very na- invite them to come to the floor and ship failed to make passing this legis- ture of their work prevents them from join in the debate. lation a top priority. The new leader- receiving public praise or recognition. Is S. 372 perfect? I have never seen a ship of the Senate has decided that en- Deliberately exposing an undercover piece of legislation that was and don’t suring national security and protecting officer for any reason, in my view, is expect to see one. That being said, we Americans’ rights and values is a unacceptable, and to do it for a polit- should all remember that the perfect is major concern and, as a result, we are ical purpose is simply reprehensible. the enemy of the good. There is no now dealing with this year’s Intel- This provision will send a message to such thing as perfect legislation. We ligence Authorization Act, and it men and women of the CIA and other can today, however, begin the process comes, in my view, to a great extent human intelligence services that the of improving our oversight with a good because of the cooperation of Chairman Congress values them and their work piece of legislation. ROCKEFELLER and Vice Chairman Bond, and takes any threat to them or to Again, will the administration agree who has also assisted me in a number their identity very seriously. with everything in the bill? No. On the of critical areas throughout this ses- I also note that the version of this other hand, I do not remember many sion of the Senate, for which I am very legislation that was reported by the In- times in my political career when any appreciative. telligence Committee also creates a executive branch has invited the legis- This legislation contains a number of new exemption to the Privacy Act. In lative branch, Congress—or a State leg- important provisions which I am proud the additional views to the committee islature with which I am also famil- to have worked on with my colleagues report, Senator FEINGOLD and I ex- iar—to conduct rigorous oversight of on the committee. It clarifies many of pressed our view that the impact of its actions and policies. the authorities of the Director of Na- this provision had not been considered Unfortunately for executive branch tional Intelligence, establishes a new carefully enough. I am pleased the officials, that is our constitutional role national space intelligence center, and managers’ amendment prepared by as laid down by the Founding Fathers. creates a strong independent inspector Chairman ROCKEFELLER and Vice It does not mean we will refuse to ac- general for the intelligence commu- Chairman BOND removes this provision commodate the executive branch’s le- nity. It strengthens congressional over- and, in my view, that is going to make gitimate concerns. After all, the Presi- sight by clarifying the President’s re- our conference with the House of Rep- dent does have the power to veto any sponsibility to keep the Congress in- resentatives easier. legislation that he feels unduly in- formed of all intelligence activities. In In sum, I am pleased with the work— trudes upon his authority. addition, it contains three amendments the bipartisan work—our committee In an effort to ensure the administra- that I offered and that I believe are put into this legislation, and I hope the tion’s concerns are addressed, I have going to improve the functioning of our Senate will support cloture this after- filed an additional nine amendments to intelligence agencies. noon. This is extremely important leg- S. 372, some of which overlap with the The first of these amendments would islation. It ought to be passed on a bi- managers’ amendment the chairman make public the total amount of the partisan basis. It should not be subject and I have presented. I believe the national intelligence budget. In my to a filibuster. Congress has surren- chairman and I are in agreement on al- view, it is ridiculous to suggest that dered its national security responsibil- most all of these amendments, if not Osama bin Laden is going to gain some ities for too long and too often, and it all of them. Through that process, I sort of advantage from knowing that is time for the Congress to stand up think we can alleviate the concerns the the national intelligence budget is one and do its job. administration has with the bill. specific number or another. But declas- Chairman ROCKEFELLER and Senator I am concerned, however, that the sifying this number would increase, in BOND have made it possible for the Sen- process by which we had to draft the my view, transparency and public ac- ate Intelligence Committee to bring managers’ amendment, combined with countability. It would increase public this legislation before the Senate. I am the fact that the preparation had to be accountability without sacrificing the very hopeful this legislation will move undertaken largely when Members national security needs of this country forward today and that the Senate will were in their home State, has led to and also permit a more informed de- support cloture. some confusion among our colleagues. bate about funding for defense and na- Mr. President, I yield the floor. That is why we are handing out a one- tional security. The PRESIDING OFFICER. The Sen- page summary that I hope all Members The second of these amendments ator from Missouri. will review so they understand how which I offered with the distinguished Mr. BOND. Mr. President, I thank the this measure has been changed. We will chairman of the committee, Senator Senator from Oregon for his kind com- be happy to talk with them privately ROCKEFELLER, would increase resources ments. As I said earlier today, we are or discuss it with them on the floor, to support the Committee on Foreign most grateful to the leadership for hav- and our staffs are available to work Investments in the United States. ing brought up S. 372. This is a very im- with their staffs if they have any other After investigating the proposed take- portant and necessary first step for the concerns.

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4470 CONGRESSIONAL RECORD — SENATE April 16, 2007 I also want to make it clear to all of date the administration with respect to Mr. ROCKEFELLER. Madam Presi- my colleagues that I support full and the managers’ amendment, which is dent, I thank the Senator and yield to open debate on S. 372 and the timely the pending amendment. We worked the Senator from Massachusetts such consideration of all germane amend- those through very carefully, we time as he may require. ments. We ask that the amendments be agreed upon them, and they are now EXPRESSION OF SORROW FOR VIRGINIA TECH germane. We would have great dif- before us. TRAGEDY ficulty in conferencing this bill on non- Then there is a separate list of five Mr. KENNEDY. Madam President, germane amendments and the possi- more individual amendments where we with a heavy heart, I rise to express bility that they would be accepted in try to be responsible and responsive. my tremendous sorrow for the growing the final report I would say is doubtful. That is all we can do. number of victims impacted by a ter- If confusion over the amendment filing The great sadness to this Senator rible tragedy on a Virginia college process has prevented any Senator over the past several years has been campus today. from getting a germane amendment the inability of the Intelligence Com- My deepest condolences and prayers considered, I will certainly work with mittee to do oversight. That is our ob- go out to the students, faculty and that Member to see if we could get the ligation. We need to know what is hap- their families at the Virginia Tech amendment brought to the floor for pening. There are certain areas which campus who have been affected by this consideration. become so sensitive that it may be that horrific crime, especially those who Again, I thank my chairman who has only the vice chairman and I can be in- lost loved ones. worked in a very cooperative manner. formed. People grumble about that, The Nation is stunned by the loss of We are seeking to achieve a good bipar- and so be it. That is national security so many young lives. The tragedy is tisan consensus on how we in this body protection. But we have to know what felt all the more because these were exercise our very important constitu- is going on, and that is the purpose of young people—children in the prime of tional role of providing oversight for a this legislation. their lives, with so much to offer—and It has been a long time coming. The critically important factor in our re- who gave so much to their families— majority leader has spoken to that sponsibility, and that is oversight and and now they are gone. They were sons point. I recommend to my colleagues legislation with respect to the national and daughters, brothers and sisters, who come to the Chamber to vote that intelligence program and the intel- friends and neighbors. They were a part they take a look at this paper. ligence community which administers We have worked to try to accommo- of all of us—and we will feel their loss. it. date the administration’s objections. I There will be time to debate the steps I yield the floor and suggest the ab- am sure we have not accommodated all needed to avert such tragedies. But sence of a quorum. of them, but we have addressed some today our thoughts and prayers go to The PRESIDING OFFICER (Ms. STA- important ones without in any way their families. BENOW). The clerk will call the roll. interfering with our ability to do prop- Today, the world weeps for the vic- The assistant legislative clerk pro- er oversight. tims at Virginia Tech. Our thoughts ceeded to call the roll. Mr. LEAHY. Madam President, will and prayers are with you. Mr. ROCKEFELLER. Madam Presi- the Senator yield to me, without losing I thank the good Senator from West dent, I ask unanimous consent that the his right to the floor, to make an an- Virginia. order for the quorum call be rescinded. nouncement of some importance? f The PRESIDING OFFICER. Without Mr. ROCKEFELLER. Yes. objection, it is so ordered. COURT SECURITY IMPROVEMENT POSTPONEMENT OF JUDICIARY COMMITTEE ACT OF 2007—MOTION TO PROCEED Mr. ROCKEFELLER. Madam Presi- HEARING dent, in essence, what I will do is re- Mr. LEAHY. Madam President, I just CLOTURE MOTION peat what my valued and distinguished arrived back in Washington about an Mr. REID. Madam President, the dis- vice chairman said. It is a fact of life. hour ago. I was on a flight for a number tinguished Republican leader is not on The vice chairman and I have both of hours and heard the horrific news of the floor, so I move to proceed to S. been Governors. It is a fact of life that the tragedy at Virginia Tech. We had 378, and I send a cloture motion to the Governors don’t like to have oversight. scheduled tomorrow morning before desk. They don’t get it. The legislatures the Senate Judiciary Committee a The PRESIDING OFFICER. The clo- don’t get it. They get it by the people hearing with Attorney General ture motion having been presented every 4 years. Gonzales. I have discussed this with under rule XXII, the Chair directs the It is a little different here. The Presi- the ranking member of the Senate Ju- clerk to read the motion. dent sends legislation. We look at it. It diciary Committee, my friend Senator The bill clerk read as follows: gets passed or not. But the country is ARLEN SPECTER of Pennsylvania, and I CLOTURE MOTION so huge, and there are innumerable called the Attorney General and spoke We, the undersigned Senators, in accord- problems, none of which are more im- to him. All three of us agree—and they ance with the provisions of rule XXII of the portant than the national security. It agree with my proposal—that we will Standing Rules of the Senate, do hereby is incredibly important not just to postpone that hearing. move to bring to a close debate on the mo- take the President’s decision and as- The hearing with the Attorney Gen- tion to proceed to Calendar No. 107, S. 378, sume that it is right. Maybe that eral will not be held tomorrow. We will the Court Security Improvement bill. works at the State level, but it doesn’t Harry Reid, Jeff Bingaman, Chuck Schu- postpone it until Thursday. The exact mer, Jack Reed, Byron L. Dorgan, Ron work here. time we are working out. The Attorney Wyden, Maria Cantwell, Dianne Fein- We have an absolutely sacred obliga- General certainly was agreeable to stein, Daniel K. Inouye, Daniel K. tion—and in this case a life-and-death that. I am sure he would want to be Akaka, Jim Webb, Dick Durbin, Jay obligation—to review, to do oversight, dealing with the matters of the shoot- Rockefeller, Sheldon Whitehouse, Bar- to ask questions, to call people in and ing. Both Senator SPECTER and I felt bara A. Mikulski, Ken Salazar, Edward to have closed hearings. We have end- this is a matter where our whole Na- M. Kennedy, Patrick Leahy. less numbers of closed hearings which tion is going to be grieving tomorrow Mr. REID. Madam President, I ask are attended by members of the com- and many individual Members in both unanimous consent that the manda- mittee. Suddenly, this committee has bodies will be joining in that grieving tory quorum call be waived, as pro- come together, it is alive, and this and that concern for the families, for vided under rule XXII. sense of oversight is felt and appre- the victims of this horrible, horrible The PRESIDING OFFICER. Without ciated by the intelligence community. tragedy. objection, it is so ordered. This single sheet of paper which So the Judiciary Committee, I have Mr. REID. Madam President, I now every single Member will get when decided, will not hold its hearing. It withdraw the motion to proceed. they come to the Chamber shows how will be held Thursday. The PRESIDING OFFICER. The mo- Vice Chairman BOND and I, working to- I thank my friend from West Virginia tion is withdrawn. gether as we always do, made five for yielding to me so I could make that Mr. REID. Madam President, I sug- major amendments to try to accommo- announcement. gest the absence of a quorum.

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2007 CONGRESSIONAL RECORD — SENATE S4471 The PRESIDING OFFICER. The be heard. The Senate, as we have bate on S. 372, a bill to authorize ap- clerk will call the roll. learned over the years, is not the propriations for fiscal year 2007 for the The bill clerk proceeded to call the House. Contrast this torpid pace of leg- intelligence and intelligence-related roll. islation in this Congress with the first activities of the United States Govern- Mr. SCHUMER. Madam President, I 31⁄2 months of the last one, when Re- ment, the Intelligence Community ask unanimous consent that the order publicans passed some of the most far- Management Account, and the Central for the quorum call be rescinded. reaching civil justice reforms in dec- Intelligence Agency Retirement and The PRESIDING OFFICER. Without ades. Republicans knew that the price Disability System, and for other pur- objection, it is so ordered. of passing laws was to work with the poses, shall be brought to a close? f minority, to have an open debate, and The yeas and nays are mandatory to vote on amendments the other side under the rule. The clerk will call the TRAGEDY AT VIRGINIA TECH had to offer. roll. Mr. SCHUMER. Madam President, I On bankruptcy reform, for example, The bill clerk called the roll. join so many of my colleagues today to we allowed 30 votes, including final Mr. DURBIN. I announce that the rise in sadness and horror at what hap- passage. On this date, in the first ses- Senator from Delaware (Mr. BIDEN), pened in Virginia at Virginia Tech. To sion of the 109th Congress, Republicans the Senator from Connecticut (Mr. see the picture of one of the young had filed only four cloture motions. DODD), the Senator from Iowa (Mr. women, who was allegedly slain, go on Looking back to the previous Congress HARKIN), the Senator from South Da- the TV screen and see her young beau- on this date, we had only filed four clo- kota (Mr. JOHNSON), the Senator from tiful face and realize her life has been ture motions. We have had 21 filed by Massachusetts (Mr. KERRY), the Sen- taken and thinking of her family and the new majority. ator from Louisiana (Ms. LANDRIEU), then magnifying this at least 30 times, On this date in the first session of the Senator from New Jersey (Mr. LAU- it is almost too much to bear. This is a the 108th Congress, we had filed 5 clo- TENBERG), the Senator from Florida terrible tragedy for all of us. ture motions, as compared to 21 at this (Mr. NELSON), and the Senator from Il- We pray and mourn for those who point with the new majority. On this linois (Mr. OBAMA), are necessarily ab- were lost. At times such as this, the date in the first session of the 107th sent. only solace one can take is that God Congress, we had only filed one cloture I further announce that, if present works in ways we don’t understand. motion. and voting, the Senator from Iowa (Mr. But I wish to add my condolences to I think the message is pretty clear. I HARKIN) and the Senator from Massa- those families who lost loved ones, started this session by expressing the chusetts (Mr. KERRY) would each vote pray for the recovery of those who were hope that we would do big and impor- ‘‘yea.’’ injured, and to all the people of the tant things for the country. The reali- LOTT. The following Senators are Virginia Tech community, our hearts ties of divided Government and the necessarily absent: the Senator from go out to you on this sad day. rules of the Senate make that su- Kansas (Mr. BROWNBACK), the Senator I yield the floor. premely possible, and I thought the bi- from Mississippi (Mr. COCHRAN), the Mr. ROCKEFELLER. Madam Presi- partisan meeting we had that first Senator from Wyoming (Mr. CRAIG), dent, I suggest the absence of a week in the Old Senate Chamber was a the Senator from South Carolina (Mr. quorum. sign of good things to come. I still have DEMINT), the Senator from Nevada The PRESIDING OFFICER. The that hope, and I see a real opportunity (Mr. ENSIGN), the Senator from South clerk will call the roll. opening with the early steps the major- Carolina (Mr. GRAHAM), the Senator The bill clerk proceeded to call the ity leader has taken on immigration from New Hampshire (Mr. GREGG), the roll. reform. We are going to that the last 2 Senator from Florida (Mr. MARTINEZ), Mr. MCCONNELL. Madam President, weeks before the Memorial Day recess. the Senator from Arizona (Mr. I ask unanimous consent that the order I think that is a good thing. I commend MCCAIN), and the Senator from Kansas for the quorum call be rescinded. him for it. (Mr. ROBERTS). The PRESIDING OFFICER. Without It is my hope that this trend of lim- Further, if present and voting, the objection, it is so ordered. ited debate and limited amendments— Senator from South Carolina (Mr. f which, of course, leads to the limita- DEMINT) would have voted ‘‘nay.’’ tion of minority rights—will soon come INTELLIGENCE AUTHORIZATION The PRESIDING OFFICER. Are there to an end. Madam President, 31⁄2 ACT FOR FISCAL YEAR 2007—Con- any other Senators in the Chamber de- months is not that long a time. We can tinued siring to vote? still correct course and accomplish The yeas and nays resulted—yeas 41, Mr. MCCONNELL. Madam President, very important things for our country. nays 40, as follows: I rise to oppose cloture on the Intel- I yield the floor. [Rollcall Vote No. 130 Leg.] ligence authorization. There are plenty CLOTURE MOTION YEAS—41 of things wrong with this bill, but our The PRESIDING OFFICER. Under primary objection, once again, is the the previous order and pursuant to rule Akaka Durbin Murray way it is being handled on the floor. Baucus Feingold Nelson (NE) XXII, the clerk will report the motion Bayh Feinstein Pryor The Democratic majority has filed 21 to invoke cloture. Bingaman Inouye Reed cloture motions so far this session. At The bill clerk read as follows: Boxer Kennedy Rockefeller this rate, we will have 160 cloture mo- Brown Klobuchar Salazar CLOTURE MOTION Byrd Kohl tions by the end of the 110th Congress. Sanders We, the undersigned Senators, in accord- Cantwell Leahy Schumer Cardin Levin This would shatter the old record of 82 ance with the provisions of rule XXII of the Stabenow Carper Lieberman back in 1995 and 1996. Standing Rules of the Senate, hereby move Tester Casey Lincoln to bring to a close debate on Calendar No. 20, Webb The purpose of filing cloture early is Clinton McCaskill to end debate and accelerate the pas- S. 372, the Intelligence Authorization bill of Conrad Menendez Whitehouse sage of a measure, but abusing this 2007. Dorgan Mikulski Wyden privilege has the opposite effect. If the Harry Reid, Chuck Schumer, Russell D. Feingold, Jay Rockefeller, Evan Bayh, NAYS—40 minority is shut out of the debate, it Patty Murray, Dick Durbin, Jeff Alexander Crapo Lugar will block participation until their Bingaman, Robert Menendez, B.A. Mi- Allard Dole McConnell Members are respected and their voices kulski, Dianne Feinstein, Bill Nelson, Bennett Domenici Murkowski are given an opportunity to be heard. E. Benjamin Nelson, S. Whitehouse, Bond Enzi Reid Bunning Grassley We have seen this happen again and Byron L. Dorgan, Blanche L. Lincoln, Sessions Burr Hagel Shelby 1 Ron Wyden. again over the last 3 ⁄2 months as the Chambliss Hatch Smith majority has repeatedly struggled and The PRESIDING OFFICER. By unan- Coburn Hutchison Snowe Coleman Inhofe Specter failed to move legislation. imous consent, the mandatory quorum Collins Isakson Stevens Republicans take no joy in this, but call has been waived. The question is, Corker Kyl we will continue to defend our right to Is it the sense of the Senate that de- Cornyn Lott

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4472 CONGRESSIONAL RECORD — SENATE April 16, 2007 Sununu Thune Voinovich But this act of cynicism, this act for ginia, as well as the Senator from Mis- Thomas Vitter Warner the third year in a row, blocking intel- souri. It is one of the toughest assign- NOT VOTING—19 ligence legislation is beyond me. We all ments in the Senate. It is time con- Biden Graham Martinez understand nothing can happen in mili- suming. It is demanding. It takes a Brownback Gregg McCain tary action without intelligence lead- long time to even understand the na- Cochran Harkin Nelson (FL) ing the way in; to scout out the terri- ture of our intelligence community and Craig Johnson Obama DeMint Kerry Roberts tory, to get the feeling, to get through the valuable work they do. Dodd Landrieu language skills, et cetera, to get the I salute all members of the Intel- Ensign Lautenberg feeling of what is going on so we know ligence Committee on both sides of the The PRESIDING OFFICER. On this what we are getting into. aisle for sticking with it. They do not vote, the yeas are 41, the nays are 40. I will not get into the importance of get a lot of public attention because Three-fifths of the Senators duly cho- intelligence for Iraq or Afghanistan, these hearings and deliberations are sen and sworn not having voted in the but this is a real crusher. I am not behind closed doors. This is classified affirmative, the motion is rejected. shocked or discouraged with the intel- information. It is critically important Mr. REID. Madam President, I move ligence. I am more fired up than ever for the security of the United States of to reconsider the vote. on intelligence. I am shocked because America that this Intelligence Com- The PRESIDING OFFICER. The mo- something like this happens in the mittee work and work closely with the tion is entered. United States Senate for any reason at intelligence agencies. The Senator from West Virginia is any time. I have been in this body for I want to say a word on behalf of the recognized. chairman of this Intelligence Com- Mr. ROCKEFELLER. Madam Presi- 24 years. I have been in this body for 24 years, mittee on the Senate side, Senator dent, I have to declare myself abso- and on one occasion a majority leader ROCKEFELLER. I cannot think of a per- lutely a series of things: furious, dou- called me at home—I happened to be son who has put in more time—cer- ble-crossed, misled, minimized—in shaving, and it was not a convenient tainly on our side of the aisle but in terms of my role as a Senator and as the Senate—dedicated to doing this job chairman of the Intelligence Com- phone call—and asked me to vote right. It must be next to impossible to mittee—shocked by the arrogance of against a particular piece of legisla- the technique that was used between tion, which I was going to vote against keep up with everything else he has to the White House and the minority lead- in any event. That has never happened do, but he has dedicated himself to er to say to Republicans, after weeks in since then. Not once have I been in- this. I know how much this bill means structed by my party or by my minor- to him. which Vice Chairman BOND and I This reauthorization bill for the in- worked out a compromise on a man- ity or majority leader to vote a certain telligence agencies is critically impor- agers’ amendment on which we worked way. in good faith—I dropped things he did Yet when it comes to national secu- tant to him personally, but, more im- not like, he dropped things I did not rity, to funding intelligence agencies, portantly, it really means so much for like—but it was a genuine effort. where we change the authorities, where our Nation. If our intelligence does not Vice Chairman BOND, whom I respect we spent weeks in trying to work out get it right, we are more vulnerable. If greatly, stood here praising the man- hard problems, and did so in the man- we are more vulnerable, it means that agers’ amendment. Then the word agers’ amendment, with more amend- not just people living in Springfield, came down from the White House—not ments to come, which we would have IL, but our troops in the field are more from Vice Chairman BOND but from the agreed to, to alleviate the White vulnerable. So he has worked overtime White House—through the minority House’s concern—the White House de- to bring this intelligence authorization leader, that this vote was to be a test cided they do not like oversight. Well, bill to the floor in a spirit of biparti- of Republican Party loyalty and that I understand that. When I was a Gov- sanship, as he described. therefore all Republicans were in- ernor, I did not like oversight. Nobody This amendment, which was just structed to vote against it. likes oversight, but it is our constitu- stopped by this procedural motion, is a In all of my years in the Senate, and tional responsibility. We do not have bipartisan amendment. It is from both certainly all of my years on the Intel- that choice. We have that duty. the chairman of the committee, Sen- ligence Committee, I have never seen One of the great things about the In- ator ROCKEFELLER, and the vice chair- something so repugnant, putting poli- telligence Committee is it has come to- man of the committee, Senator BOND— tics over national security. That is the gether in recent months to accept this Democrat and Republican. I believe bottom line. Politics was put over na- responsibility and to reach out and him when he says he has worked in a tional security. take hold of it with a vigor and a lust spirit of compromise to try to find a An order came down: This is a test of that makes us want to do more—but reasonable position. Republican Party loyalty. When it not to overdo but to do. Then along Now, when we offer this amendment, comes to that, by golly, you put poli- comes this vote. this substitute amendment, to the Sen- tics over national security. It certainly is the most disappointing ate, and say, if you have something Thirty-one people, at least, died at day, the most disappointing vote, the you want to offer to improve it—Sen- Virginia Tech University this after- most disappointing sign of where we ator REID said that earlier—I cannot noon. All of my kids went to camp are in this country—the most dis- think of a fairer way to approach an there. I know a number of students appointing sense of the relationship be- issue, which should not be political at down there. I called to find out that tween the executive branch and the all. they were OK, and there was grief ev- legislative branch—the failure of the One amendment was offered. It is my erywhere. Republicans were standing realization we exist for a reason, that understanding only one amendment up, Democrats were standing up ex- we work hard, getting ready for this was offered. It looked like we were fi- pressing they were horrified. vote because we had a chance to do it. nally going to get this reauthorization I was just trying to figure out how Then comes down the instruction: No. of intelligence agencies that are so im- many intelligence agents, how many Politics trumps national security. portant for our security. Along comes soldiers—because of inadequate intel- Prove you are a loyal Republican. Vote this procedural vote, which should ligence or because of some slip-up or no. have been a toss-away vote. It ends up something we had not done, something It is not a good day in the Senate. virtually stopping the debate on this which we were prepared to correct or Several Senators addressed the critical bill. Why? I cannot understand did correct in the managers’ amend- Chair. it. ment—died, and I suspect the number The PRESIDING OFFICER. The Sen- We have said: Offer your amend- was essentially greater than 31. ator from Illinois. ments, and only one amendment was Now, my heart goes out to those 31. I Mr. DURBIN. Mr. President, I was offered. Senator ROCKEFELLER has know some of them who were spared. I fortunate enough to serve on the Intel- worked with the Republican side of the was in despair until I knew they were ligence Committee for 4 years and aisle for a bipartisan approach. You OK. served with the Senator from West Vir- have given; the other side has given. It

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2007 CONGRESSIONAL RECORD — SENATE S4473 was a good spirit of compromise, co- doing what we have done—minimum getting that done. Shutting down the operation. That is what people want. wage, stem cell, all that stuff. Senate was a great show, but it did Certainly, when it comes to the secu- But here we are dealing with our nothing to move forward that par- rity of our Nation, you do not expect us spies. That is what they are. We know ticular phase of the investigation. to come in as Democrats and Repub- from the situation where there has Now, I want to see this committee— licans. We have a lot more responsi- been an indictment and conviction that and I hope this body—operate on a bi- bility. the White House was involved in that partisan basis. But I was very dis- So what happened now? When we up to their neck with the ‘‘Scooter’’ appointed when I saw that cloture had tried to bring this to a point where it Libby matter. Karl Rove appeared be- been filed before we even started the could pass, where the amendments fore the grand jury on three or four or process of amendments. Cloture is nec- would be limited to the most germane five occasions trying to extricate him- essary when you see there is a fili- amendments that really get to the self. The President said anyone who buster or you see there are nongermane heart of the issue, the other side of the had anything to do with leaking infor- amendments. some of the amendments aisle, voted no, and now we are stuck. mation would be dumped from the ad- are nongermane and I will ask that They knew what they were doing. ministration quickly. Of course, that they be withdrawn or I will join in a They were trying to kill this bill. But has not happened. I guess there is noth- tabling motion, but I think this sub- why would they want to stop this bill? ing in the minds of Karl Rove and his ject, which has not been debated on the This is a good bipartisan bill essential minions that is not politics—even the floor sufficiently in recent years, for the security of America that had spy operations of this country. should be open to a thorough debate. been arrived at in a bipartisan manner, The PRESIDING OFFICER. The Sen- We don’t want to take up a lot of time. and they stopped it. I do not under- ator from Missouri. We need to get this bill to the House stand that. Mr. BOND. Mr. President, there have and work with them to get a good In- I salute Senator ROCKEFELLER for his been some insinuations which have telligence authorization bill through. leadership. I understand his frustra- been thrown around on the other side. The insinuation that we got an order tion. Certainly, the people who depend Let me be clear. This was not a cloture from the White House is absolutely on us in the Senate, in a bipartisan vote on the managers’ amendment. without basis. They are working with fashion, to keep America safe were let This was a cloture vote on the bill. us in a cooperative way, and I hope to down by this vote where the over- Many Republican Senators had asked move forward on this bill, which is now whelming majority of Republican Sen- to have an opportunity to offer amend- open for amendment and debate. I look ators voted no. ments. Some 35 amendments have been forward to the opportunity to proceed Several Senators addressed the submitted. The time for submitting the with that debate and votes on the bill. Chair. amendments shut off at 2:30 today, and I thank the Chair, and I yield the The PRESIDING OFFICER (Mr. we have at least 10 or so Senators who floor. SANDERS). The majority leader. could not get back here. Mr. REID. Mr. President, I have the Mr. REID. Mr. President, I came here Now, this bill is a good bill. But we greatest respect for the senior Senator earlier today anticipating there would have no reason, before we even start from Missouri, but his facts are all be Republicans who would rise above work on the bill, to invoke cloture to messed up. We tried to bring this bill the partisan clamor. I looked, as the shut off amendments. Nobody from the to the floor for a full debate. In the vote was being cast: no, no, no, at the White House told us to do that. We Senate, as everyone knows, you have people I thought could do this. have Republican Senators who wanted to move to proceed to the bill. We did Sixteen agencies are all responsible to have an opportunity to offer amend- that. They objected. We had to file clo- for gathering intelligence information ments and vote. This is a critically im- ture on even being able to proceed to for our country. portant bill for the intelligence com- the bill. They initially said: We are not Mr. President, let’s call it the way it munity, and I believe we need to work going to give you cloture. Then they gave us cloture. The purpose of that is. Vice President CHENEY runs the in- on it at least a couple of days. Is that telligence operations of this adminis- too much to ask, that we work on it a was to stall for time. They voted to proceed. I said immediately: Why tration. He has for 6 years. It appar- couple of days? ently is not going to stop. We could not I know the leader has entered a mo- waste the 30 hours? The rule in the even improve the intelligence-gath- tion to reconsider. And if there is any Senate is you have 30 hours after you ering operations for the 16 agencies be- sense—if there is any sense—that there complete the cloture. I said: Offer cause it may interfere with the Vice is dilatory action, if there is any sense amendments during this period of time. President. that we are not moving quickly on this Don’t waste the time. We could have done that last week. I told everybody. Mr. President, even the vice chair- bill in very short order, I would join All the staff knew that: But no, noth- man of the committee voted against with him and urge my Republican col- ing. I indicated we would be happy to moving forward. I heard his conversa- leagues to do so to move this bill for- tion with the chairman, why he was do relevant amendments on this bill. ward. This bill is one that has to pass I ask unanimous consent now that doing this—because he had been asked if we are to get our legitimate congres- there be four relevant amendments in to do it. We have had experiences in sional oversight. order for each side and that when they the past with the way the Repub- I am not going to get into the argu- are disposed of, the Senate move to licans—everybody, hear that—have ments between the leaders on how final passage of the bill. handled the intelligence-gathering in- many times we have invoked cloture. The PRESIDING OFFICER. Is there formation for our Nation. The Senate But on this one—this one—I gladly objection? had to be closed using rule XXII to get urged everybody to vote for cloture to Mr. BOND. Mr. President, reserving some minimal information how the proceed to the bill. There may be some the right to object, I apologize. evidence was manipulated to take us to in the executive branch who did not Mr. REID. I will repeat the request. I war in Iraq, and we got some of that in- want us to. There may be a lot of pro- ask unanimous consent that there be formation. visions in the bill on oversight that the four relevant amendments in order for There has been a change in the lead- executive branch does not want. I be- each side and that when they are dis- ership of the Senate. I was hopeful it lieve we have a responsibility—a re- posed of, the Senate vote on final pas- would be better, and it has been for 3 sponsibility—to consider this carefully. sage. months. There has been cooperation Reference has been made to a number Mr. BOND. Reserving the right to ob- between the two Senators, the chair- of things that were inaccurate. There ject, we have 35 amendments. There are man and vice chairman. We are not was a reference made to having to shut 10 amendments which I believe have dealing with—we have had to invoke down the Senate to get a process mov- the support of the chairman and the cloture on everything we have done ing in one of the second-phase inves- vice chairman. I will be happy to work here because, as I said earlier today, I tigations. The staff work had essen- tomorrow with the leaders, with the thought a minority of Republican Sen- tially been completed. The staff, under chairman, to develop a list of amend- ators was standing in the way of our bipartisan leadership, had worked on ments and get a time agreement. But

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4474 CONGRESSIONAL RECORD — SENATE April 16, 2007 the whole purpose was to move this bill MORNING BUSINESS poor power to add or detract. The forward and find out what amendments Mr. ROCKEFELLER. Mr. President, I world will little note nor long remem- are coming from both sides. I don’t ask unanimous consent that there now ber what we say here, but it can never know about amendments from people be a period for morning business with forget what they did here.’’ This state- who are not here. Senators permitted to speak therein ment is just as true today as it was I object to that proceeding. for up to 10 minutes each. nearly 150 years ago, as I am certain The PRESIDING OFFICER. Objec- The PRESIDING OFFICER. Without that the impact of Neil’s actions will tion is heard. objection, it is so ordered. live on far longer that any record of The majority leader is recognized. these words. f Mr. REID. Mr. President, let me say, It is my sad duty to enter the name it is a funny way of wanting to move HONORING OUR ARMED FORCES of David Neil Simmons in the official RECORD of the U.S. Senate for his serv- forward on this bill by stopping cloture PRIVATE FIRST CLASS DAVID NEIL SIMMONS twice during the last 30 hours. I repeat, ice to this country and for his profound Mr. BAYH. Mr. President, I rise commitment to freedom, democracy I said anybody who wanted to could today with a heavy heart and deep offer amendments. We sat for 2 days and peace. When I think about this just sense of gratitude to honor the life of a cause in which we are engaged and the doing nothing, for 30 hours doing noth- brave young man from Kokomo. Neil ing. unfortunate pain that comes with the Simmons, 20 years old, was killed on loss of our heroes, I hope that families I hope the distinguished Senator April 8 while deployed in Baghdad, like Neil’s can find comfort in the from Missouri and my friend, my dear when his convoy encountered an impro- words of the prophet Isaiah who said, friend for life, the junior Senator from vised explosive device and insurgent ‘‘He will swallow up death in victory; West Virginia, can work something fire. He had been in Iraq for less than and the Lord God will wipe away tears out. That is why I moved to reconsider. 2 weeks. With his entire life before from off all faces.’’ I hope that on this very important him, Neil risked everything to fight for May God grant strength and peace to piece of legislation, we are able to the values Americans hold close to our those who mourn, and may God be with move forward. This has nothing to do hearts, in a land halfway around the all of you, as I know He is with Neil. with partisan politics. This is the secu- world. f rity of our Nation and much of the Neil attended Kokomo’s North- ARMENIAN GENOCIDE world. western High School and followed the Mr. BOND. Mr. President, as I indi- example set by his father and uncle by Mrs. BOXER. Mr. President, I take cated earlier, I want to see this bill enlisting in the Army a few months be- this opportunity today to solemnly move forward. It is open for amend- fore graduating in 2005. He enjoyed the commemorate the 92nd Anniversary of ment and debate. I will work with the structure of the military and felt a the Armenian genocide. chairman, with the leaders on both sense of duty to serve his community The Armenian genocide was the first sides to come to a short time agree- and country. His father described Neil genocide of the 20th century. From 1915 ment with amendments to be consid- as ‘‘an avid outdoorsman who was until 1923, 1.5 million Armenians were ered. If that cannot be accepted, if we happy and always had plenty of brutally killed by the Ottoman Turks have any indication that this bill is friends.’’ in a systematic effort to eradicate the going to be drawn out, then I will work Neil was killed while serving his Armenian people. There were unbear- with the leadership to get us to a posi- country in Operation Iraqi Freedom. able acts of torture; men were sepa- tion to vote on the bill. I remain com- He was a member of the 2nd Battalion, rated from their families and mur- mitted to seeing this bill go forward, 69th Armor Regiment, 3rd Brigade dered; women and children were put on but I believe we have the need for at Combat Team, 3rd Infantry Division, in a forced march across the Syrian desert without food or water. least a day’s debate. The objection to Fort Benning, GA. Neil’s father re- Henry Morgenthau, the U.S. Ambas- proceeding on the bill was withdrawn. flected on his son’s death, asking, There could have been debate on Fri- sador to the Ottoman Empire from 1913 ‘‘What’s the odds of, among 160,000 to 1916, recalled: day, but we weren’t in. Now we are troops your only child is there one When the Turkish authorities gave the or- back in session, and I hope both sides week and gets killed?’’ Private First can come forward and offer their ders for these deportations, they were mere- Class Simmons leaves behind his father ly giving the death warrant to a whole race; amendments and offer their debates, David and uncle Jim Simmons. they understood this well, and, in their con- and have votes and move this bill to Today, I join Neil’s family and versations with me, they made no particular final passage and send it to conference. friends in mourning his death. While attempt to conceal the fact . . . I am con- The PRESIDING OFFICER. The ma- we struggle to bear our sorrow over fident that the whole history of the human jority leader is recognized. this loss, we can also take pride in the race contains no such horrible episode as this. The great massacres and persecutions Mr. REID. We weren’t in session be- example he set, bravely fighting to cause there was no activity on this bill. of the past seem almost insignificant when make the world a safer place. It is his compared to the sufferings of the Armenian No one was offering amendments. I courage and strength of character that race in 1915. would go one step further than the dis- people will remember when they think However, we were to witness other tinguished Senator from Missouri sug- of Neil, a memory that will burn such horrible genocides later, including gested. The amendments have been brightly during these continuing days the Holocaust and the genocide in filed. Why don’t we do the relevant of conflict and grief. Darfur, which is happening today. amendments? I don’t know how many Neil was known for his dedication to As with later genocides, some have there are. Let’s do the ones that are in his family and his love of country. tried to deny that the Armenian geno- keeping with the rules of the Senate, Today and always, Neil will be remem- cide happened. Shamefully, the Gov- go ahead and handle those, starting in bered by family members, friends, and ernment of Turkey still refuses to the morning. fellow Hoosiers as a true American admit that genocide occurred. That is all I have, Mr. President. hero, and we honor the sacrifice he In order for democracy and human Mr. BOND. Mr. President, I suggest made while dutifully serving his coun- rights to flourish, we must not support the absence of a quorum. try. efforts to rewrite and deny history. In The PRESIDING OFFICER. The As I search for words to do justice in the United States, we strive to make clerk will call the roll. honoring Neil’s sacrifice, I am re- human rights a fundamental compo- The assistant legislative clerk pro- minded of President Lincoln’s remarks nent of our democracy. It is long over- ceeded to call the role. as he addressed the families of the fall- due for our nation to demand that the Mr. ROCKEFELLER. Mr. President, I en soldiers in Gettysburg: ‘‘We cannot truth be told. We must recognize the ask unanimous consent that the order dedicate, we cannot consecrate, we Armenian genocide in the name of de- for the quorum call be rescinded. cannot hallow this ground. The brave mocracy, fairness and human rights. The PRESIDING OFFICER. Without men, living and dead, who struggled At the beginning of the 21st century, objection, it is so ordered. here, have consecrated it, far above our as genocide is waged in Darfur, it is

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2007 CONGRESSIONAL RECORD — SENATE S4475 even more critical to recognize the twice awarded the SCANG Outstanding Interparliamentary Group: Mr. CHAN- first genocide of the 20th Century. We Unit award and received ‘‘Excellent’’ DLER of Kentucky, Chairman. must send a message that genocide and evaluations by the USAF Inspection The message also announced that genocide denial will never be tolerated. Agency. pursuant to 22 U.S.C. 276d, and the To that end, I am proud to be an In 1992, President George H. W. Bush order of the House of January 4, 2007, original cosponsor of Senator RICHARD recognized Dr. Harmon for his medical the Speaker appoints the following DURBIN’s S. Res. 106, calling on the humanitarian work in Africa, and both Members of the House of Representa- President to accurately characterize in 1998 and 2003 the South Carolina tives to the Canada-United States the Armenian Genocide in his annual General Assembly recognized him as Interparliamentary Group: Mr. OBER- message around April 24 and to ensure the Doctor of the Day for his unselfish STAR of Minnesota, Chairman, Mr. that the foreign policy of the United duty and devotion to the medical pro- SMITH of Washington, Vice Chairman, States reflects appropriate under- fession. Dr. Harmon was also a recipi- Ms. SLAUGHTER of New York, Mr. STU- standing and sensitivity concerning ent of the American Heart Association PAK of Michigan, Ms. KILPATRICK of issues related to human rights, ethnic Research Grant at the USC School of Michigan, Mr. HODES of New Hamp- cleansing, and genocide documented in Medicine and was recognized as the Air shire, Mr. WELCH of Vermont. the United States record relating to National Guard’s 1993 National Physi- f the Armenian genocide. cian of the Year. EXECUTIVE AND OTHER It is important that we recognize the Over the last 7 years, Dr. Harmon COMMUNICATIONS Armenian genocide while its survivors served as the Air National Guard As- are still with us to tell their stories. sistant Surgeon General for the USAF The following communications were We must recognize the genocide for the providing critical advice and informa- laid before the Senate, together with survivors. We must recognize the geno- tion on Air National Guard medical ac- accompanying papers, reports, and doc- cide because it is the right thing to do. tivities to the United States’ Surgeon uments, and were referred as indicated: We must recognize the Armenian geno- General. Part of his responsibilities in- EC–1469. A communication from the Direc- cide to help shed light on the darkness cluded coordinating medical policies, tor, Regulatory Review Group, Department and move toward a more humane plans, and programs for the Air Na- of Agriculture, transmitting, pursuant to law, the report of a rule entitled ‘‘2005 Sec- world. tional Guard. Dr. Harmon is the first tion 32 Hurricane Disaster Programs; 2006 f South Carolinian to serve as the Air Livestock Assistance Grant Program’’ National Guard Assistant Surgeon VOTE EXPLANATION (RIN0560-AH45) received on April 11, 2007; to General. the Committee on Agriculture, Nutrition, ∑ Mr. NELSON of Florida. Mr. Presi- Dr. Harmon is currently a family and Forestry. dent, I would like to take this oppor- practitioner the Waccamaw Medical EC–1470. A communication from the Direc- tunity to explain to the Senate my ab- Center on Pawleys Island, where he and tor, Regulatory Review Group, Department sence during today’s vote to invoke of Agriculture, transmitting, pursuant to his wife of 35 years reside. He is also law, the report of a rule entitled ‘‘2006 Emer- cloture on S. 372, the Intelligence Au- President-elect of the South Carolina gency Agricultural Disaster Assistance Pro- thorization Act. Medical Association having served on grams’’ (RIN0560–AH62) received on April 11, I am in Florida, and my flight was its board directors for many years. 2007; to the Committee on Agriculture, Nu- due to arrive in Washington this after- A true patriot and a fine American, trition, and Forestry. noon. However, because of the inclem- Dr. Harmon formally retired as a major EC–1471. A communication from the Regu- ent weather, my flight was delayed and general with over 700 flying hours on latory Contact, Grain Inspection, Packers I am still in Tallahassee. February 16, 2007. His military career and Stockyards Administration, Department I am a member of the Senate Select of Agriculture, transmitting, pursuant to will forever be marked by his extraor- law, the report of a rule entitled ‘‘Rules of Committee on Intelligence, and I have dinary vision, sacrifice, and commu- Practice Governing Proceedings Under the already voted in favor of this measure. nity spirit. I wish Dr. Harmon the very Packers and Stockyards Act’’ (RIN0580– As such, had I been present for the best in his retirement and ask that the AA97) received on April 11, 2007; to the Com- vote, I would have voted ‘‘aye’’ on the Senate join me in thanking him for his mittee on Agriculture, Nutrition, and For- resolution.∑ service.∑ estry. EC–1472. A communication from the Chair- f f man and President, Export-Import Bank of ADDITIONAL STATEMENTS the United States, transmitting, pursuant to MESSAGES FROM THE PRESIDENT law, a report relative to a transaction in- Messages from the President of the volving exports to India; to the Committee TRIBUTE TO GERALD E. HARMON, United States were communicated to on Banking, Housing, and Urban Affairs. M.D. the Senate by Ms. Evans, one of his EC–1473. A communication from the Prin- secretaries. cipal Deputy Associate Administrator, Envi- ∑ Mr. GRAHAM. Mr. President, today I ronmental Protection Agency, transmitting, ask the Senate to join me in recog- f pursuant to law, the report of a rule entitled nizing Dr. Gerald E. Harmon, MD, on ‘‘Approval and Promulgation of Air Quality EXECUTIVE MESSAGES REFERRED the occasion of his retirement from the Implementation Plans; State of Utah; State South Carolina Air National Guard, As in executive session the Presiding Implementation Plan Corrections’’ (FRL No. 8300–1) received on April 12, 2007; to the Com- SCANG. A native South Carolinian, Officer laid before the Senate messages from the President of the United mittee on Environment and Public Works. ‘‘Gamecock Doc’’ joined the military EC–1474. A communication from the Prin- in 1973 as a commissioned officer in the States submitting sundry nominations cipal Deputy Associate Administrator, Envi- U.S. Air Force, USAF after graduating which were referred to the appropriate ronmental Protection Agency, transmitting, from the University of South Carolina committees. pursuant to law, the report of a rule entitled USC. He began studying medicine at (The nominations received today are ‘‘Regulation of Fuels and Fuel Additives: Re- the Medical University of South Caro- printed at the end of the Senate pro- newable Fuel Standard Program’’ (FRL No. lina through the Air Force Health Pro- ceedings.) 8299–9) received on April 12, 2007; to the Com- mittee on Environment and Public Works. fessions Scholarship Program achiev- f EC–1475. A communication from the Assist- ing his M.D. in 1976. ant Secretary of Defense (Health Affairs), Dr. Harmon completed his family MESSAGE FROM THE HOUSE transmitting, pursuant to law, a report rel- practice residency at Eglin AFB in At 2:04 p.m., a message from the ative to the integration of mental health Florida. After fulfilling several USAF House of Representatives, delivered by services into daily activities of Service mem- flight surgeon assignments in Texas Ms. Niland, one of its reading clerks, bers; to the Committee on Appropriations. and South Carolina, he transferred to announced that pursuant to 22 U.S.C. EC–1476. A communication from the Assist- ant Secretary of Defense (Health Affairs), the SCANG to serve as the commander 2761 and the order of the House of Janu- transmitting, pursuant to law, an annual re- of the 169th Tactical Clinic at ary 4, 2007, the Speaker appoints the port relative to the TRICARE Program for McEntire Joint National Guard Base. following Member of the House of Rep- fiscal year 2007; to the Committee on Armed Under his leadership, his unit was resentatives to the British-American Services.

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EC–1477. A communication from the Prin- domestic and global energy demands are SENATE CONCURRENT RESOLUTION NO. 1604 cipal Deputy, Office of the Under Secretary growing exponentially; and Whereas, the Federal Wholesale Meat Act of Defense (Personnel and Readiness), trans- Whereas, Montana and the United States of 1967 allows states to have state meat in- mitting, pursuant to law, a report relative to have tremendous renewable energy re- spection programs which are required to the Department’s ‘‘National Call to Service’’ sources; and meet or exceed federal inspection standards program; to the Committee on Armed Serv- Whereas, the development of a broad spec- of the United States Department of Agri- ices. trum of renewable energy resources, includ- culture for wholesomeness, cleanliness and EC–1478. A communication from the Assist- ing wind power, biofuels, biomass, methane food safety; and ant Secretary, Land and Minerals Manage- digesters, ethanol, and solar, benefit the en- Whereas, Kansas is in the majority of ment, Department of the Interior, transmit- vironment and will have a direct economic states which have elected to operate equiva- ting, pursuant to law, the report of a rule en- benefit to agricultural landowners and rural lent meat inspection programs allowing titled ‘‘Oil and Gas and Sulphur Operations communities; and state-licensed and state-inspected meat proc- in the Outer Continental Shelf—Plans and Whereas, rural communities and agri- essing facilities to engage in intrastate com- Information—Protection of Marine Mam- culture will experience multiple benefits, in- merce. Other states are pursuing implemen- mals and Threatened and Endangered Spe- cluding establishing additional markets for tation of state inspection of their meat proc- cies’’ (RIN1010–AD10) received on April 13, agricultural commodities, increasing farm essing facilities; and 2007; to the Committee on Energy and Nat- income, creating added-value uses for crops, Whereas, State meat inspection programs ural Resources. livestock, and their byproducts, encouraging are flexible and can efficiently and safely EC–1479. A communication from the Dep- more productive use of marginal lands, re- adapt their activities to small, local meat uty Chief Human Capital Officer, Office of solving air, water, and soil quality problems processors that cannot be duplicated by the the Under Secretary, Department of Energy, that may arise from agricultural operations, federal inspection program because of its transmitting, pursuant to law, the report of improving wildlife habitat, and creating size and complexity; and the designation of an acting officer for the many new job opportunities; and Whereas, State-inspected meat and poultry position of Under Secretary, received on Whereas, American agriculture is well po- products are currently barred from inter- April 12, 2007; to the Committee on Energy sitioned to play an expanded role in the de- state commerce under federal law, including velopment and implementation of new en- neighboring local markets in other states, and Natural Resources. EC–1480. A communication from the Dep- ergy solutions and with appropriate techno- despite current meat safety and quality as- uty Director, National Security Administra- logical innovation, incentives, and invest- surances, affecting long-range rural develop- tion, Department of Energy, transmitting, ments, America’s farms and ranches can be- ment and economic growth strategies within the meat processing industry; and pursuant to law, the report of a nomination come the factories that produce a new gen- eration of fuels to help meet the nation’s en- Whereas, such limitation on marketing of for the position of Principal Deputy Admin- state inspected meat inhibits economic de- istrator for Nuclear Security, received on ergy needs; and Whereas, ‘‘25 x 25’’ is an agriculturally led velopment and value-added agricultural ac- April 12, 2007; to the Committee on Energy initiative that envisions America’s farms tivities in this nation’s agricultural sector; and Natural Resources. and EC–1481. A communication from the Dep- and ranches producing 25% of America’s en- ergy supply by the year 2025 while con- Whereas, current policy of the National uty Chief Human Capital Officer, Office of tinuing to produce abundant, safe, and af- Association of State Departments or Agri- the Under Secretary, Department of Energy, fordable food and fiber; and culture supports the interstate shipment of transmitting, pursuant to law, the report of Whereas, agriculture’s role as an energy state-inspected meat products: Now, there- a vacancy in the position of Under Sec- producer will have a positive effect on na- fore, be it retary, received on April 12, 2007; to the Com- tional security and trade imbalances and Resolved by the Senate of the State of Kansas, mittee on Energy and Natural Resources. will serve as a catalyst for rural develop- the House of Representatives concurring there- EC–1482. A communication from the Dep- ment in Montana and the United States; and in, That we urge the United States Congress uty Director, National Nuclear Security Ad- Whereas, Governor Brian Schweitzer (D– to enact revisions to the Federal Meat In- ministration, Department of Energy, trans- MT), Governor Dave Heineman (R–NE), Gov- spection Act and the Poultry Products In- mitting, pursuant to law, the report of a va- ernor Tim Pawlenty (R–MN), Governor spection Act to allow the interstate ship- cancy in the position of Principal Deputy Mitch Daniels (R–IN), Governor Ed Rendell ment and marketing of meat products by Administrator, received on April 12, 2007; to (D–PA), former Governor Jeb Bush (R–FL), state inspected meat processing facilities; the Committee on Energy and Natural Re- Governor Kathleen Sebelius (D–KS), former and be it further sources. Governor Tom Vilsack (D–IA), former Gov- Resolved, That the Secretary of State be di- EC–1483. A communication from the Dep- ernor George Pataki (R–NY), former Gov- rected to send an enrolled copy of this reso- uty Director, National Nuclear Security Ad- ernor Robert Ehrlich (R–MD), Governor Jen- lution to the President of the United States, ministration, Department of Energy, trans- nifer Granholm (D–MI), former Governor the President of the United States Senate, mitting, pursuant to law, the report of a va- James Risch (R–ID), Governor Jim Doyle (D– the Speaker of the United States House of cancy and the designation of an acting offi- WI), Governor Jim Douglas (R–VT), Gov- Representatives, the Secretary of the United cer for the position of Under Secretary for ernor Ernie Fletcher (R–KY), Governor John States Department of Agriculture and each Nuclear Security, received on April 12, 2007; Lynch (D–NH), former Governor Bob Taft (R– member of the Kansas Congressional delega- to the Committee on Energy and Natural Re- OH), Governor Tim Kaine (D–VA), Governor tion. sources. Arnold Schwartzenegger (R–CA), and Gov- EC–1484. A communication from the Dep- ernor Rod Blagojevich (D–IL) have endorsed POM–57. A resolution adopted by the House uty Director, Office of the Chief Financial ‘‘25 x 25’’; and of Representatives of the Legislature of the Officer, Department of Energy, transmitting, Whereas, state legislatures from Colorado, State of Michigan memorializing Congress to pursuant to law, the report of a nomination, Nebraska, Kansas, and Vermont have en- invest in Head Start and Quality Child Care; discontinuation of service in an acting role dorsed ‘‘25 x 25’’: Now, therefore, be it to the Committee on Health, Education, and the designation of an acting officer for RESOLVED by the Senate and the House of Labor, and Pensions. the position of Chief Financial Officer, re- Representatives of the State of Montana, That HOUSE RESOLUTION NO. 40 ceived on April 12, 2007; to the Committee on the Montana Legislature endorses the ‘‘25 x Whereas, Head Start and high-quality child Energy and Natural Resources. 25’’ vision of agriculture providing 25% of the care prepare children for school and life suc- f total energy consumed in the United States cess by narrowing the educational achieve- by the year 2025, while continuing to produce ment gap between lower- and upper-income PETITIONS AND MEMORIALS abundant, safe, and affordable food and fiber. kids, increasing high school graduation The following petitions and memo- Be it further rates, and reducing crime. rials were laid before the Senate and RESOLVED, That copies of this resolution Whereas, studies show that at-risk chil- were referred or ordered to lie on the be sent by the Secretary of State to the Hon- dren who attend Head Start and high-quality table as indicated: orable George W. Bush, President of the child care are better prepared for school. For United States, the President of the United example, Head Start narrows the literacy POM–55. A joint resolution adopted by the States Senate, the Speaker of the United skills gap by nearly half between children in Legislature of the State of Montana sup- States House of Representatives, the Major- poverty and all children. The research is porting the ‘‘25 x 25’’ Initiative to Increase ity and Minority Leaders of the United clear that quality early childhood education Production of Renewable Energy by the Ag- States Senate and House of Representatives, programs work to prevent crime. In Ypsi- ricultural Community; to the Committee on and each member of the Montana Congres- lanti, Michigan, three- and four-year-olds Agriculture, Nutrition, and Forestry. sional Delegation. from low-income families who were ran- HOUSE JOINT RESOLUTION NO. 6 domly assigned to a group that did not re- Whereas, having an affordable, clean, reli- POM–56. A concurrent resolution adopted ceive preschool preparation were five times able, and plentiful energy supply is critical by the Senate of the Legislature of the State more likely to have become chronic to Montana’s economy, as well as the na- of Kansas urging Congress to allow inter- lawbreakers by age 27 than those who were tional and international food supply; and state marketing of state inspected meat; to assigned to the High/Scope Educational Re- Whereas, current and future risks to na- the Committee on Agriculture, Nutrition, search Foundation’s Perry Preschool pro- tional energy security are mounting while and Forestry. gram; and

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2007 CONGRESSIONAL RECORD — SENATE S4477 Whereas, currently, only about half of eli- Resolved by the House of Representatives of totally disabled because of the effects of gible low-income children can attend Head North Dakota, The Senate Concurring Therein, Agent Orange used in Vietnam; and be it fur- Start due to state and federal funding limi- That the Sixtieth Legislative Assembly ac- ther tations, and even fewer infants and toddlers. knowledges the actions of the 44th Legisla- Resolved, That copies of this memorial be Less than five percent of eligible children tive Assembly of North Dakota and the spon- transmitted to each member of the Congres- three years old and younger are able to par- sors of Senate Concurrent Resolution No. sional Delegation, the Chief Clerks of the ticipate in Early Head Start. Moreover, only 4007 affirming the equal application of the United States House of Representatives and one in seven eligible children in working, United States Constitution to all citizens the United States Senate and the United low-income families receives help paying for through the passage of the Equal Rights States Department of Veterans Affairs. quality child care through the Child Care Amendment; and be it further and Development Block Grant. The combina- Resolved, That the Sixtieth Legislative As- POM–60. A resolution adopted by the tion of state and federal money for preschool sembly declares Friday, March 9, 2007, North Miami-Dade County Board of County Com- has helped Michigan reach two of three at- Dakota Equal Rights Amendment Recogni- missioners directing the County Manager to risk four-year-olds and one of five at-risk tion Day; and be it further study the creation of a voluntary ‘‘Miami- three-year-olds; and Resolved, That the Sixtieth Legislative As- Dade Trans Fat Free Program’’ and a pro- Whereas, Real dollar funding levels for sembly encourages a recommitment to the gram to provide education and guidance to Head Start and child care have been cut for ratification of the Equal Rights Amendment restaurants, bakeries and the public regard- the last several years, falling far behind the in all states and final passage in Congress; ing the negative health effects of trans fats; rising costs that programs face. Instead of and be it further to the Committee on Agriculture, Nutrition, reaching more eligible kids with comprehen- Resolved, That the Secretary of State for- and Forestry. sive health, nutrition, and early education ward copies of this resolution to the Gov- POM–61. A resolution adopted by the Board services, Head Start programs have been ernor, the President of the Senate and the of Commissioners of the County of Arm- forced to shorten program hours, cut back Speaker of the House of Representatives of strong of the State of Pennsylvania urging staff, reduce parent coaching, and reduce the Congress of the United States, and to Congress to place a moratorium on new free transportation and other services that help each member of the North Dakota Congres- trade agreements, and to investigate and re- families participate: Now, therefore, be it sional Delegation. view current free trade agreements and poli- Resolved, by the House of Representatives, cies of the United States; to the Committee That we memorialize the Congress of the POM–59. A joint resolution adopted by the on Finance. United States to increase discretionary fund- Legislature of the State of New Mexico me- f ing in the federal budget for 2008 by $750 mil- morializing Congress to fully fund medical lion in additional funding over current levels care and aid and attendant care services for REPORTS OF COMMITTEES for Head Start and $720 million in additional Honey Sue Newby and the other Level Three Under the authority of the order of funding over current levels for the Child Spina Bifida children of parents who served the Senate of April 12, 2007, the fol- Care and Development Block Grant in Vietnam and who are totally disabled; to lowing reports of committes were sub- the Committee on Veterans’ Affairs. (CCDBG). This request does not address the mitted on April 13, 2007: unmet need in Head Start and CCDBG, but Whereas, the Federal Department of Vet- simply restores services to children to the erans Affairs acknowledges that one thou- By Mr. BAUCUS, from the Committee on Fiscal Year 2002 level. This is a crucial first sand two hundred children of Vietnam War Finance, with an amendment in the nature step toward meeting the need to provide veterans have some degree of disability re- of a substitute: quality early childhood education and care sulting from their birth parents’ exposure to S. 3. A bill to amend part D of title XVIII for at-risk children. Investing in Head Start Agent Orange during military service in the of the Social Security Act to provide for fair and quality child care now will improve edu- Vietnam War; and prescription drug prices for Medicare bene- cation outcomes for our nation’s at-risk chil- Whereas, approximately two hundred of ficiaries. dren and will save lives and money down the these children of war veterans are designated f as level three spina bifida children, who are road: and be it further INTRODUCTION OF BILLS AND Resolved, That copies of this resolution be considered to be totally disabled; and transmitted to the President of the United Whereas, these children, designated as to- JOINT RESOLUTIONS States Senate, the Speaker of the United tally disabled as a result of their birth par- The following bills and joint resolu- States House of Representatives, and the ents’ exposure to Agent Orange during mili- tions were introduced, read the first tary service in Vietnam, are in a situation members of the Michigan congressional dele- and second times by unanimous con- gation. that is indistinguishable from that of any one hundred percent service-connected dis- sent, and referred as indicated: POM–58. A concurrent resolution adopted abled veteran who is totally disabled as the By Mr. BAYH: by the Legislature of the State of North Da- result of military service; and S. 1109. A bill to increase funding for the kota encouraging a recommitment to the Whereas, these two hundred level three National Institutes of Health to carry out ratification of the Equal Rights Amendment spina bifida children of Vietnam War vet- breast cancer research and to amend title in all states and final passage in Congress; to erans are not treated equally with the dis- XVIII of the Social Security Act to extend the Committee on the Judiciary. abled military veterans as regards compen- for 6 months the eligibility period for the satory medical care and aid and attendant ‘‘Welcome to Medicare’’ physical examina- HOUSE CONCURRENT RESOLUTION NO. 3032 care; and tion and to eliminate coinsurance for screen- Whereas, the proposed Equal Rights Whereas, the financial cost for families of ing mammography and colorectal cancer Amendment provides ‘‘equality of rights these children can be crippling, and many screening tests in order to promote the early under the law shall not be denied or abridged proud American military veterans and their detection of cancer; to the Committee on Fi- by the United States or by any State on ac- families must depend on welfare or charity nance. count of sex’’ and Congress sent the Equal to provide the vital medical care and attend- By Mr. HATCH (for himself and Mr. Rights Amendment to the states for ratifica- ant care their children need; and BENNETT): tion on March 22, 1972; and Whereas, at least one of these children, S. 1110. A bill to amend the Reclamation Whereas, on February 11, 1975, North Da- Honey Sue Newby, whose birth father served Projects Authorization and Adjustment Act kota became the 34th state to ratify the three tours as a Marine Infantryman in Viet- of 1992 to provide for the conjunctive use of Equal Rights Amendment, due to the efforts nam, resides in New Mexico; and surface and ground water in Juab County, of a broad spectrum of supporters, including Whereas, the Legislature seeks to honor Utah; to the Committee on Energy and Nat- the Coordinating Council for the Equal and encourage fair treatment of all persons ural Resources. Rights Amendment, the 44th Legislative As- who have made personal sacrifices in the By Mr. WYDEN: sembly, and Senate Concurrent Resolution military defense of our nation: Now, there- S. 1111. A bill to amend the Internal Rev- No. 4007 sponsors Senators Redlin and Lips fore, be it enue Code of 1986 to make the Federal in- and Representatives Homuth and Pyle; and Resolved by the Legislature of the State of come tax system simpler, fairer, and more Whereas, many women worked all of their New Mexico, That it urge the United States fiscally responsible, and for other purposes; lives for a constitutional amendment affirm- Congress to provide full medical care and at- to the Committee on Finance. ing that women had equal rights and protec- tendant care to Honey Sue Newby and the By Mrs. FEINSTEIN (for herself and tions under the United States Constitution, other level three spina bifida children who Mrs. BOXER): including Alice Paul, Elizabeth Cady Stan- are totally disabled as a result of their birth S. 1112. A bill to allow for the renegoti- ton, and Susan B. Anthony; and parents’ military service in Vietnam; and be ation of the payment schedule of contracts Whereas, 35 of the needed 38 states ratified it further between the Secretary of the Interior and the Equal Rights Amendment and without Resolved, That the New Mexico Congres- the Redwood Valley County Water District, ratification the United States Constitution sional Delegation be requested to work vig- and for other purposes; to the Committee on fails to guarantee female citizens equal orously for adequate funding to provide full Energy and Natural Resources. rights and equal justice: Now, therefore, be medical care and aid and attendant care to By Mr. BAYH (for himself and Mrs. it all level three spina bifida children who are CLINTON):

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4478 CONGRESSIONAL RECORD — SENATE April 16, 2007 S. 1113. A bill to facilitate the provision of Mr. LOTT, Mr. LUGAR, Mr. MARTINEZ, Holding Company Act of 1956 and the care and services for members of the Armed Mr. MCCAIN, Mrs. MCCASKILL, Mr. Revised Statutes of the United States Forces for traumatic brain injury, and for MENENDEZ, Ms. MIKULSKI, Ms. MUR- to prohibit financial holding companies other purposes; to the Committee on Armed KOWSKI, Mrs. MURRAY, Mr. NELSON of and national banks from engaging, di- Services. Florida, Mr. NELSON of Nebraska, Mr. By Mrs. FEINSTEIN (for herself and OBAMA, Mr. PRYOR, Mr. REED, Mr. rectly or indirectly, in real estate bro- Mr. SPECTER): ROBERTS, Mr. ROCKEFELLER, Mr. kerage or real estate management ac- S. 1114. A bill to reiterate the exclusivity SALAZAR, Mr. SANDERS, Mr. SCHUMER, tivities, and for other purposes. of the Foreign Intelligence Surveillance Act Mr. SESSIONS, Mr. SHELBY, Mr. S. 428 of 1978 as the sole authority to permit the SMITH, Ms. SNOWE, Mr. SPECTER, Ms. At the request of Mr. NELSON of Flor- conduct of electronic surveillance, to mod- STABENOW, Mr. STEVENS, Mr. SUNUNU, ernize surveillance authorities, and for other Mr. TESTER, Mr. THOMAS, Mr. THUNE, ida, the name of the Senator from New purposes; to the Committee on the Judici- Mr. VITTER, Mr. VOINOVICH, Mr. Jersey (Mr. LAUTENBERG) was added as ary. WHITEHOUSE, and Mr. WYDEN): a cosponsor of S. 428, a bill to amend By Mr. BINGAMAN (for himself, Mr. S. Res. 149. A resolution expressing the the Wireless Communications and Pub- DOMENICI, Mr. DORGAN, Mr. LUGAR, condolences of the Senate on the tragic lic Safety Act of 1999, and for other Mr. AKAKA, Ms. MURKOWSKI, and Mr. events at Virginia Tech University; consid- purposes. CRAIG): ered and agreed to. S. 522 S. 1115. A bill to promote the efficient use f of oil, natural gas, and electricity, reduce oil At the request of Mr. BAYH, the name consumption, and heighten energy efficiency ADDITIONAL COSPONSORS of the Senator from Connecticut (Mr. standards for consumer products and indus- S. 22 LIEBERMAN) was withdrawn as a co- trial equipment, and for other purposes; to At the request of Mr. WEBB, the name sponsor of S. 522, a bill to safeguard the the Committee on Energy and Natural Re- economic health of the United States sources. of the Senator from Michigan (Ms. By Mr. SALAZAR (for himself, Mr. STABENOW) was added as a cosponsor of and the health and safety of the United BINGAMAN, Mr. DOMENICI, and Mr. S. 22, a bill to amend title 38, United States citizens by improving the man- THOMAS): States Code, to establish a program of agement, coordination, and effective- S. 1116. A bill to facilitate the use for irri- educational assistance for members of ness of domestic and international in- gation and other purposes of water produced the Armed Forces who serve in the tellectual property rights enforcement, in connection with development of energy Armed Forces after September 11, 2001, and for other purposes. resources; to the Committee on Energy and and for other purposes. At the request of Mr. BAYH, the name Natural Resources. of the Senator from Pennsylvania (Mr. By Mr. BOND (for himself and Mr. S. 117 ASEY DODD): At the request of Mr. OBAMA, the C ) was added as a cosponsor of S. S. 1117. A bill to establish a grant program name of the Senator from Montana 522, supra. to provide vision care to children, and for (Mr. TESTER) was added as a cosponsor S. 545 other purposes; to the Committee on Health, of S. 117, a bill to amend titles 10 and At the request of Mr. LOTT, the name Education, Labor, and Pensions. 38, United States Code, to improve ben- of the Senator from Nevada (Mr. EN- By Mr. DORGAN (for himself and Mr. efits and services for members of the CRAIG): SIGN) was added as a cosponsor of S. S. 1118. A bill to improve the energy secu- Armed Forces, veterans of the Global 545, a bill to improve consumer access rity of the United States by raising average War on Terrorism, and other veterans, to passenger vehicle loss data held by fuel economy standards, and for other pur- to require reports on the effects of the insurers. poses; to the Committee on Commerce, Global War on Terrorism, and for other S. 625 Science, and Transportation. purposes. At the request of Mr. KENNEDY, the By Mr. MENENDEZ (for himself, Mrs. S. 211 CLINTON, Mr. LAUTENBERG, and Mr. name of the Senator from Connecticut At the request of Mrs. CLINTON, the SCHUMER): (Mr. LIEBERMAN) was added as a co- S. 1119. A bill to extend the time for filing name of the Senator from Nebraska sponsor of S. 625, a bill to protect the certain claims under the September 11th (Mr. NELSON) was added as a cosponsor public health by providing the Food Victim Compensation Fund of 2001, and for of S. 211, a bill to facilitate nationwide and Drug Administration with certain other purposes; to the Committee on the Ju- availability of 2–1–1 telephone service authority to regulate tobacco products. diciary. for information and referral on human S. 634 f services, volunteer services, and for other purposes. At the request of Mr. DODD, the name SUBMISSION OF CONCURRENT AND S. 231 of the Senator from Arkansas (Mrs. SENATE RESOLUTIONS LINCOLN) was added as a cosponsor of S. At the request of Mrs. FEINSTEIN, the The following concurrent resolutions names of the Senator from New Jersey 634, a bill to amend the Public Health Service Act to establish grant pro- and Senate resolutions were read, and (Mr. LAUTENBERG), the Senator from grams to provide for education and referred (or acted upon), as indicated: Ohio (Mr. BROWN) and the Senator from outreach on newborn screening and co- By Mr. WARNER (for himself, Mr. Connecticut (Mr. LIEBERMAN) were WEBB, Mr. REID, Mr. MCCONNELL, Mr. added as cosponsors of S. 231, a bill to ordinated followup care once newborn AKAKA, Mr. ALEXANDER, Mr. ALLARD, authorize the Edward Byrne Memorial screening has been conducted, to reau- Mr. BAUCUS, Mr. BAYH, Mr. BENNETT, Justice Assistance Grant Program at thorize programs under part A of title Mr. BIDEN, Mr. BINGAMAN, Mr. BOND, fiscal year 2006 levels through 2012. XI of such Act, and for other purposes. Mrs. BOXER, Mr. BROWN, Mr. BROWN- S. 689 BACK, Mr. BUNNING, Mr. BURR, Mr. S. 311 BYRD, Ms. CANTWELL, Mr. CARDIN, At the request of Ms. LANDRIEU, the At the request of Mr. LUGAR, the Mr. CARPER, Mr. CASEY, Mr. CHAM- name of the Senator from Pennsyl- names of the Senator from Oregon (Mr. BLISS, Mrs. CLINTON, Mr. COBURN, Mr. vania (Mr. SPECTER) was added as a co- SMITH) and the Senator from Illinois COCHRAN, Mr. COLEMAN, Ms. COLLINS, sponsor of S. 311, a bill to amend the (Mr. DURBIN) were added as cosponsors Mr. CONRAD, Mr. CORKER, Mr. COR- Horse Protection Act to prohibit the of S. 689, a bill to amend the Internal NYN, Mr. CRAIG, Mr. CRAPO, Mr. shipping, transporting, moving, deliv- Revenue Code of 1986 to permanently DEMINT, Mr. DODD, Mrs. DOLE, Mr. extend and expand the charitable de- DOMENICI, Mr. DORGAN, Mr. DURBIN, ering, receiving, possessing, pur- duction for contributions of food inven- Mr. ENSIGN, Mr. ENZI, Mr. FEINGOLD, chasing, selling, or donation of horses Mrs. FEINSTEIN, Mr. GRAHAM, Mr. and other equines to be slaughtered for tory. GRASSLEY, Mr. GREGG, Mr. HAGEL, human consumption, and for other pur- S. 694 Mr. HARKIN, Mr. HATCH, Mrs. poses. At the request of Mrs. CLINTON, the HUTCHISON, Mr. INHOFE, Mr. INOUYE, S. 413 name of the Senator from Kansas (Mr. Mr. ISAKSON, Mr. JOHNSON, Mr. KEN- LINTON ROWNBACK NEDY, Mr. KERRY, Ms. KLOBUCHAR, At the request of Mrs. C , the B ) was added as a cosponsor Mr. KOHL, Mr. KYL, Ms. LANDRIEU, name of the Senator from California of S. 694, a bill to direct the Secretary Mr. LAUTENBERG, Mr. LEAHY, Mr. (Mrs. BOXER) was added as a cosponsor of Transportation to issue regulations LEVIN, Mr. LIEBERMAN, Mrs. LINCOLN, of S. 413, a bill to amend the Bank to reduce the incidence of child injury

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2007 CONGRESSIONAL RECORD — SENATE S4479 and death occurring inside or outside (Mr. LOTT) was added as a cosponsor of sor of S. 1065, a bill to improve the di- of light motor vehicles, and for other S. 904, a bill to provide additional relief agnosis and treatment of traumatic purposes. for small business owners ordered to brain injury in members and former S. 773 active duty as members of reserve com- members of the Armed Forces, to re- At the request of Mr. WARNER, the ponents of the Armed Forces, and for view and expand telehealth and tele- names of the Senator from Nebraska other purposes. mental health programs of the Depart- (Mr. NELSON) and the Senator from S. 935 ment of Defense and the Department of Kentucky (Mr. BUNNING) were added as At the request of Mr. NELSON of Flor- Veterans Affairs, and for other pur- cosponsors of S. 773, a bill to amend the ida, the name of the Senator from Ne- poses. Internal Revenue Code of 1986 to allow braska (Mr. NELSON) was added as a co- S. 1074 Federal civilian and military retirees sponsor of S. 935, a bill to repeal the re- At the request of Mr. AKAKA, the to pay health insurance premiums on a quirement for reduction of survivor an- name of the Senator from New York pretax basis and to allow a deduction nuities under the Survivor Benefit (Mr. SCHUMER) was added as a cospon- for TRICARE supplemental premiums. Plan by veterans’ dependency and in- sor of S. 1074, a bill to provide for di- S. 795 demnity compensation, and for other rect access to electronic tax return fil- At the request of Mr. OBAMA, the purposes. ing, and for other purposes. S. 1084 name of the Senator from Connecticut S. 937 At the request of Mr. OBAMA, the (Mr. LIEBERMAN) was added as a co- At the request of Mrs. CLINTON, the names of the Senator from Massachu- sponsor of S. 795, a bill to assist aliens name of the Senator from New Jersey setts (Mr. KERRY) and the Senator from who have been lawfully admitted in be- (Mr. LAUTENBERG) was added as a co- Missouri (Mrs. MCCASKILL) were added coming citizens of the United States, sponsor of S. 937, a bill to improve sup- and for other purposes. as cosponsors of S. 1084, a bill to pro- port and services for individuals with vide housing assistance for very low-in- S. 803 autism and their families. come veterans. At the request of Mr. ROCKEFELLER, S. 958 the name of the Senator from Michigan S. 1088 At the request of Mr. SESSIONS, the At the request of Ms. STABENOW, the (Ms. STABENOW) was added as a cospon- name of the Senator from Alaska (Ms. sor of S. 803, a bill to repeal a provision name of the Senator from Michigan MURKOWSKI) was added as a cosponsor enacted to end Federal matching of (Mr. LEVIN) was added as a cosponsor of of S. 958, a bill to establish an adoles- S. 1088, a bill to amend the Federal State spending of child support incen- cent literacy program. tive payments. Food, Drug, and Cosmetic Act with re- S. 961 spect to market exclusivity for certain S. 831 At the request of Mr. NELSON of Ne- drugs, and for other purposes. At the request of Mr. DURBIN, the braska, the names of the Senator from S. 1105 names of the Senator from Pennsyl- Connecticut (Mr. DODD) and the Sen- At the request of Mr. KENNEDY, the vania (Mr. CASEY) and the Senator ator from New Jersey (Mr. LAUTEN- name of the Senator from Oregon (Mr. from Maine (Ms. COLLINS) were added BERG) were added as cosponsors of S. WYDEN) was added as a cosponsor of S. as cosponsors of S. 831, a bill to author- 961, a bill to amend title 46, United 1105, a bill to provide Federal assist- ize States and local governments to States Code, to provide benefits to cer- ance to States, local jurisdictions, and prohibit the investment of State assets tain individuals who served in the Indian tribes to prosecute hate crimes, in any company that has a qualifying United States merchant marine (in- and for other purposes. business relationship with Sudan. cluding the Army Transport Service S. RES. 106 S. 836 and the Naval Transport Service) dur- At the request of Mr. SALAZAR, his At the request of Mr. LAUTENBERG, ing World War II, and for other pur- name was added as a cosponsor of S. the name of the Senator from Rhode Is- poses. Res. 106, a resolution calling on the land (Mr. REED) was added as a cospon- S. 1012 President to ensure that the foreign sor of S. 836, a bill to amend the Fed- policy of the United States reflects ap- eral Water Pollution Control Act to au- At the request of Ms. LANDRIEU, the name of the Senator from Nebraska propriate understanding and sensi- thorize appropriations for sewer over- tivity concerning issues related to flow control grants. (Mr. NELSON) was added as a cosponsor of S. 1012, a bill to amend the Con- human rights, ethnic cleansing, and S. 880 sumer Credit Protection Act to assure genocide documented in the United At the request of Mr. STEVENS, the States record relating to the Armenian name of the Senator from Texas (Mrs. meaningful disclosures of the terms of rental-purchase agreements, including Genocide. HUTCHISON) was added as a cosponsor of disclosures of all costs to consumers S. RES. 118 S. 880, a bill to amend the Congres- At the request of Mr. LEVIN, the sional Accountability Act of 1995 to under such agreements, to provide cer- tain substantive rights to consumers name of the Senator from California provide for 8 weeks of paid leave for (Mrs. BOXER) was added as a cosponsor Senate employees giving birth, and for under such agreements, and for other purposes. of S. Res. 118, a resolution urging the other purposes. Government of Canada to end the com- S. 1018 S. 881 mercial seal hunt. At the request of Mr. DURBIN, the At the request of Mr. SMITH, the S. RES. 141 name of the Senator from Indiana (Mr. name of the Senator from Kansas (Mr. At the request of Mrs. CLINTON, the LUGAR) was added as a cosponsor of S. BROWNBACK) was added as a cosponsor name of the Senator from New Mexico 1018, a bill to address security risks of S. 881, a bill to amend the Internal (Mr. BINGAMAN) was added as a cospon- posed by global climate change and for Revenue Code of 1986 to extend and sor of S. Res. 141, a resolution urging other purposes. modify the railroad track maintenance all member countries of the Inter- credit. S. 1038 national Commission of the Inter- S. 901 At the request of Mr. CORNYN, the national Tracing Service who have yet At the request of Mr. KENNEDY, the name of the Senator from Idaho (Mr. to ratify the May 2006 amendments to name of the Senator from Washington CRAIG) was added as a cosponsor of S. the 1955 Bonn Accords to expedite the (Mrs. MURRAY) was added as a cospon- 1038, a bill to amend the Internal Rev- ratification process to allow for open sor of S. 901, a bill to amend the Public enue Code of 1986 to expand workplace access to the Holocaust archives lo- Health Service Act to provide addi- health incentives by equalizing the tax cated at Bad Arolsen, Germany. tional authorizations of appropriations consequences of employee athletic fa- S. RES. 146 for the health centers program under cility use. At the request of Mr. ALEXANDER, the section 330 of such Act. S. 1065 name of the Senator from Louisiana S. 904 At the request of Mrs. CLINTON, the (Ms. LANDRIEU) was added as a cospon- At the request of Ms. SNOWE, the name of the Senator from Maryland sor of S. Res. 146, a resolution desig- name of the Senator from Mississippi (Ms. MIKULSKI) was added as a cospon- nating June 20, 2007, as ‘‘American

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4480 CONGRESSIONAL RECORD — SENATE April 16, 2007 Eagle Day’’, and celebrating the recov- SECTION 1. SHORT TITLE. effect, drain the country of revenue ery and restoration of the American This Act may be cited as the ‘‘Juab County and never find their way to helping the bald eagle, the national symbol of the Surface and Ground Water Study and Devel- middle class. opment Act of 2007’’. United States. We make a radical statement about SEC. 2. CONJUNCTIVE USE OF SURFACE AND f GROUND WATER, CENTRAL UTAH tax law in our legislation. We say PROJECT. something is out of whack when the STATEMENTS ON INTRODUCED Section 202(a)(2) of the Reclamation cop who is walking the beat in this BILLS AND JOINT RESOLUTIONS Projects Authorization and Adjustment Act country pays a lot higher tax rate than By Mr. HATCH (for himself and of 1992 (Public Law 102–575; 106 Stat. 4609) is the person who makes all their money Mr. BENNETT): amended by inserting ‘‘Juab,’’ after in the stock market. I wish to make it ‘‘Davis,’’. S. 1110. A bill to amend the Reclama- clear: we want everybody to get ahead, tion Projects Authorization and Ad- By Mr. WYDEN: we want everybody to do well, we never justment Act of 1992 to provide for the S. 1111. A bill to amend the Internal want to penalize success. But let’s conjunctive use of surface and ground Revenue Code of 1986 to make the Fed- make it possible for all Americans to water in Juab County, Utah; to the eral income tax system simpler, fairer, share the American dream and not just Committee on Energy and Natural Re- and more fiscally responsible, and for the fortunate few. sources. other purposes; to the Committee on Under the current Federal Tax Code, Mr. HATCH. Mr. President, I rise Finance. all income is not treated fairly. My today to reinforce the importance of Mr. WYDEN. Mr. President, I have colleague in the other body, Congress- water resource development projects in come to the floor to talk a bit about man EMANUEL, and I would change Juab County, UT, by introducing the taxes. Millions of Americans are that. We are not interested in soaking Juab County Surface and Ground scrambling today to file their taxes, investors. We believe in markets. We Water Study and Development Act of trying to pull together their 1040 forms believe in creating wealth. But we 2007, S. 1110. This legislation would and ‘‘schedule this’’ and ‘‘form that’’ want everybody to be able to share in amend the Reclamation Projects Au- and are plowing through shoe boxes that wealth, and under the Fair Flat thorization and Adjustment Act of 2005 and filing cabinets trying to find the Tax, they would be able to do it. to include Juab County. receipts they accumulated all through The Fair Flat Tax adopts the flat tax Juab County’s inclusion in that Act this year. idea to provide real relief to the middle would allow the County to use Central Millions of our citizens have to cal- class through fewer exclusions, exemp- Utah Project funds to complete water culate their taxes twice to find out the tions, deductions deferrals, credits and resource development projects, thus hard way that they have been ensnared special rates for certain favored busi- enabling the County to better utilize in the alternative minimum tax and nesses, very often, breaks that have their existing water resources. I hope that they have to pay a much larger been added to the Tax Code because that by passing this legislation, we will burden than they had expected. I be- those powerful interests have lobbyists ensure that farmers, ranchers, and lieve there is a better way for our that the middle-class folks we rep- other citizens of Juab County will have country to handle taxes, one where resent do not. a reliable water supply and a buffer in most Americans do not have to fear tax We triple the standard deduction for times of drought. day, do not have to shell out billions of single filers from $5,000 to $15,000 and Under the original plan for the Bon- dollars in order to file their taxes, do from $10,000 to $30,000 for married cou- neville Unit of the Central Unit not have to worry about getting ples. As a result, the vast majority of Project, several counties in central crushed by the alternative minimum Americans would be better off claiming Utah, including Juab, were to receive tax that years ago, when it was cre- the standard deduction than having to supplemental water through an irriga- ated, was not supposed to clobber mid- itemize their deductions, so their filing tion and drainage delivery system. dle-class folks in the Pacific Northwest will be simplified. We do keep the key Over the years, however, many central and across the country. deductions most used by middle-in- Utah Counties have elected not to par- Today I am introducing the Fair Flat come folks across the country. We keep ticipate in the plan and no longer pay Tax Act, along with my colleague in the deduction for mortgage interest the requisite taxes to the Central Utah the other body, Congressman RAHM and charity. We keep the credits for Water Conservancy District, the polit- EMANUEL of Illinois. What we are doing children, for education, and earned in- ical division of the State of Utah estab- in our fair flat tax legislation is offer- come. lished to manage Central Utah Project ing the country a proposal that offers Nobody would have to calculate their activities in Utah. the administrative simplicity of a flat taxes twice under the Fair Flat Tax Juab County, on the other hand, re- tax with the sense of fairness and pro- Act. Our proposal eliminates the indi- mained active in the Central Utah gressivity that our country has always vidual alternative minimum tax which Water Conservatory District’s efforts wanted in our tax system. could ensnare as many as 100 million and has paid millions in property taxes The tax reform proposal we have de- taxpayers by the end of the decade. We to the District in hopes of benefitting veloped is simpler because it is easier eliminate an estimated $20 billion each from its membership. Currently, most to understand and use. Our legislation year in special breaks for special inter- of the water allocated to the Bonne- will include a simplified 1040 form, one ests. ville Unit of the Central Utah Project page, 30 lines for every individual tax- Eliminating those breaks would sus- is planned for use in Wasatch, Salt payer. tain current benefits for our men and Lake, and Utah Counties. This legisla- The folks at Money magazine, the fi- women in uniform, our veterans, our tion would simply ensure that the citi- nancial publication, took this one-page elderly, and our disabled, as well as zens of Juab County can benefit from 1040 form, and they were able to fill out those tax incentives that promote sav- the system that they have financially their taxes in 15 minutes. ings and help our families pay for med- supported for so many years. We also make the tax system flatter ical care and for education. I urge my colleagues to support this by collapsing the current system of six I think an especially important fea- bill. individual tax brackets down to three ture of the Fair Flat Tax Act is it cor- I ask unanimous consent that the brackets of 15, 25 and 35 percent. We rects one of the most glaring inequities text of the bill be printed in the create a flat corporate rate of 35 per- in the current tax system; and that is RECORD. cent. regressive State and local taxes. Under There being no objection, the text of The plan is fairer because we do more current law, low- and middle-income the bill was ordered to be printed in to make it possible for middle-class taxpayers get hit with a double wham- the RECORD, as follows: folks to get ahead. We are able to give my. Compared to wealthier folks, they S. 1110 a tax cut to millions of middle-class pay more of their income in State and Be it enacted by the Senate and House of Rep- families because we eliminate scores local taxes. Poor families pay more resentatives of the United States of America in and scores of special-interest tax than 11 percent and middle-income Congress assembled, breaks, close those loopholes, that, in families pay about 10 percent of their

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2007 CONGRESSIONAL RECORD — SENATE S4481 income in State and local taxes, while cant amount of revenue from a source on simplifying the Tax Code. I want to the wealthier pay only about 5 percent. that does not increase taxes. What we work with you to hold down rates for Because many low- and middle-in- are proposing with our fair flat tax leg- everybody by closing out some of those come taxpayers do not itemize, they islation is a win for everybody except special interest breaks. I want to see get no credit on their Federal form for those who would try to rip off the sys- everybody have an opportunity to get paying State and local taxes. In fact, tem. ahead. two-thirds of the Federal tax deduction I am introducing the Fair Flat Tax That certainly is what President for State and local taxes goes to those Act of 2007 today to provide Americans Reagan did in 1986, when he worked with incomes above $100,000 a year. a plan based on common sense prin- with another tall fellow who served on Under the Fair Flat Tax Act, for the ciples that can make the Tax Code the Senate Finance Committee, our first time, the Federal Code would look work better. We are going to have a former colleague Senator Bill Bradley. at the entire picture of one’s taxes, at system that is simpler and we are I went to school on a basketball schol- an individual’s combined Federal, going to have a system that is fairer arship. My jump shot is not quite as State, and local tax burden, and give a because it closes scores of those special good as Bill Bradley’s, but I sure know credit to low- and middle-income indi- interest loopholes. It gets rid of the de- the value of bipartisan teamwork. viduals to correct for regressive State spised alternative minimum tax, and it So today, the day before taxes are and local taxes. gives everybody a chance to get ahead owed, I want to renew my offer to the Repealing some individual tax cred- in America. Bush administration to work with its, deductions, and exclusions from in- It is not about class warfare. It is not them on the issue of tax reform. It is a come—along with eliminating some of about pitting one group against an- natural for bipartisan leadership. We those special interest favors in the cor- other. It is about giving everybody the have a model; and that is, the reform of porate Tax Code—enables larger stand- opportunity to be a winner and to get 1986, where, again, they simplified the ard deductions and broader middle- ahead to provide for their family and system. They cleaned out the clutter. class tax relief. ensure that when they are successful, They got rid of some of those special What this means is that, according to their success can allow them to do well interest loopholes. They held down the Congressional Research Service, financially. rates for everybody. It was good for our under our legislation, the vast major- I do think it is important to make country. We can do that again. ity of taxpayers would see their taxes sure those who work for a wage get fair The fair flat tax legislation I am in- go down. The Congressional Research treatment. That has not been the case troducing today provides an oppor- Service has advised us that on average, today. I want investors to do well. We tunity for Democrats and Republicans middle-class families and individuals all look to the stock market as a major to come together to fix the Tax Code in with wage and salary incomes up to barometer of economic prosperity in 2007, the way Democrats and Repub- $150,000 would see tax relief. Let me re- our country. But let’s make sure every- licans did back in 1986, when the late peat that. We are talking about on av- body has an opportunity to get ahead. President Reagan and Bill Bradley erage, tax relief for middle-class fami- Something is seriously wrong when came together and led a bipartisan ef- lies and families with wage and salary somebody who works for a wage gets fort. incomes up to approximately $150,000. hit with a lot higher tax rate than I think it is time to do that again. Middle-class folks in our country would somebody who makes their money as Most people clean out their attic every get a tax break. an investor. 20 years or so. We ought to clean the The legislation also makes concrete I hope we can go forward in a bipar- Tax Code every 20 years as well. I think progress toward deficit reduction. Cer- tisan way on the issue of tax reform. I we know how to proceed. The question tainly, there is a long way to go to stop am extremely disappointed the Bush is whether there is political will. I urge the hemorrhaging in the Federal budg- administration has not chosen to fol- the Bush administration to work with et, but this legislation makes a decent low up on tax reform. I think it is espe- Democrats and Republicans in the Con- start by allowing us to start lowering cially unfortunate, given the fact the gress because the current tax system, the Federal deficit in 2011. It is essen- President had a commission that had a which has subjected our citizens to so tially a revenue-neutral kind of sys- number of good ideas as it relates to much hassle and bureaucracy over the tem. But certainly, as we look to the tax reform. I certainly did not agree last few months, does not have to be future, this is going to allow us to start with all of them, but let me talk about that way. There is an alternative. I lowering the Federal deficit. one example of how the Congress could have presented one. The President’s I also point out, by simplifying the work with the Bush administration in commission has presented one. Demo- Code, there are going to be other bene- a bipartisan way. crats and Republicans working to- fits. For example, we have heard a I have shown this fair flat tax form I gether can do better. great deal about the tax gap in the Fi- am proposing for a reason; and that is, I urge the President to look to the nance and Budget Committees. It is because I think it is an ideal way for Congress, leaders of both political par- one of the most serious problems our the administration and Democrats and ties, to move forward on tax reform in country faces as it relates to finance in Republicans to work together. My form the days ahead. America. Upwards of $300 billion of is 30 lines long—30 lines long—and you Mr. President, I ask unanimous con- money that is owed to our government can fill it out in under an hour. The sent that the text of the bill be printed is not collected. Given the fact we have President’s commission had a form in the RECORD. a system today where people are able that is maybe six, seven lines longer— There being no objection, the text of to flout the rules, change the system, just a handful of additional lines. For the bill was ordered to be printed in why not go to a simpler system that purposes of Government work, there is the RECORD, as follows: makes it harder for individuals to virtually no difference between the S. 1111 cheat and easier for the IRS to catch simplified form I am proposing and Be it enacted by the Senate and House of Rep- those who do? what the President’s commission has resentatives of the United States of America in If you look at what I have proposed, called for. We could get Democrats and Congress assembled, the Fair Flat Tax Act—a 1040 form that Republicans together to work on tax SECTION 1. SHORT TITLE; AMENDMENT OF 1986 is only 30 lines long—it is going to be reform and come up with a simplified CODE; TABLE OF CONTENTS. a lot harder to cheat the system under form in a matter of days. (a) SHORT TITLE.—This Act may be cited as a proposal such as this, and it is going There is very little difference be- the ‘‘Fair Flat Tax Act of 2007’’. to be a lot easier for the IRS to catch tween what I am proposing and what (b) AMENDMENT OF 1986 CODE.—Except as those who try to take advantage of came out of the President’s commis- otherwise expressly provided, whenever in this Act an amendment or repeal is ex- something such as this. sion. pressed in terms of an amendment to, or re- I believe the Fair Flat Tax Act can But what is going to be important is peal of, a section or other provision, the ref- make a significant contribution in that the President reach out to Demo- erence shall be considered to be made to a helping this country collect those crats and Republicans in the Congress section or other provision of the Internal taxes that are owed and raise a signifi- and say: Look, I want to work with you Revenue Code of 1986.

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(c) TABLE OF CONTENTS.—The table of con- Sec. 312. Penalties for failure to file certain (d) MARRIED INDIVIDUALS FILING SEPARATE tents for this Act is as follows: returns electronically. RETURNS.—The table contained in section Sec. 1. Short title; amendment of 1986 Code; Sec. 313. Penalty for filing erroneous refund 1(d) is amended to read as follows: table of contents. claims. ‘‘If taxable income is: The tax is: Sec. 2. Purpose. Subtitle B—Requiring Economic Substance Not over $15,000 ...... 15% of taxable income. Over $15,000 but not over $2,250, plus 25% of the ex- TITLE I—INDIVIDUAL INCOME TAX Sec. 321. Clarification of economic substance $60,000. cess over $15,000 REFORMS doctrine. Over $60,000...... $13,500, plus 35% of the Sec. 101. 3 progressive individual income tax Sec. 322. Penalty for understatements at- excess over $60,000’’. rates for all forms of income. tributable to transactions lack- (e) CONFORMING AMENDMENTS TO INFLATION Sec. 102. Health care standard deduction. ing economic substance, etc. ADJUSTMENT.—Section 1(f) is amended— Sec. 103. Increase in basic standard deduc- Sec. 323. Denial of deduction for interest on (1) by striking ‘‘1993’’in paragraph (1) and tion. underpayments attributable to inserting ‘‘2008’’, Sec. 104. Refundable credit for State and noneconomic substance trans- (2) by striking ‘‘except as provided in para- local income, sales, and real actions. graph (8)’’ in paragraph (2)(A), and personal property taxes. Subtitle C—Miscellaneous (3) by striking ‘‘1992’’ in paragraph (3)(B) Sec. 105. Earned income child credit and Sec. 331. Denial of deduction for punitive and inserting ‘‘2007’’, earned income credit for child- damages. (4) by striking paragraphs (7) and (8), and less taxpayers. (5) by striking ‘‘PHASEOUT OF MARRIAGE TITLE IV—TECHNICAL AND CONFORMING Sec. 106. Repeal of individual alternative PENALTY IN 15-PERCENT BRACKET;’’ in the AMENDMENTS; SUNSET minimum tax. heading thereof. Sec. 107. Termination of various exclusions, Sec. 401. Technical and conforming amend- (f) REPEAL OF RATE DIFFERENTIAL FOR CAP- exemptions, deductions, and ments. ITAL GAINS AND DIVIDENDS.— credits. Sec. 402. Sunset. (1) REPEAL OF 2003 RATE REDUCTION.—Sec- TITLE II—CORPORATE AND BUSINESS SEC. 2. PURPOSE. tion 303 of the Jobs and Growth Tax Relief INCOME TAX REFORMS The purpose of this Act is to amend the In- Reconciliation Act of 2003 is amended by Sec. 201. Corporate flat tax. ternal Revenue Code of 1986— striking ‘‘December 3, 2008’’ and inserting Sec. 202. Treatment of travel on corporate (1) to make the Federal individual income ‘‘December 31, 2007’’. aircraft. tax system simpler, fairer, and more trans- (2) TERMINATION OF PRE-2003 CAPITAL GAIN Sec. 203. Termination of various preferential parent by— RATE DIFFERENTIAL.—Section 1(h) is amended treatments. (A) recognizing the overall Federal, State, (after the application of paragraph (1)) by Sec. 204. Elimination of tax expenditures and local tax burden on individual Ameri- adding at the end the following new para- that subsidize inefficiencies in cans, especially the regressive nature of graph: the health care system. State and local taxes, and providing a Fed- ‘‘(13) TERMINATION.—This section shall not Sec. 205. Pass-through business entity trans- eral income tax credit for State and local in- apply to taxable years beginning after De- parency. come, sales, and property taxes, cember 31, 2007.’’. Sec. 206. Modification of effective date of (B) providing for an earned income tax (g) ADDITIONAL CONFORMING AMEND- leasing provisions of the Amer- credit for childless taxpayers and a new MENTS.— ican Jobs Creation Act of 2004. earned income child credit, (1) Section 1 is amended by striking sub- Sec. 207. Revaluation of LIFO inventories of (C) repealing the individual alternative section (i). large integrated oil companies. minimum tax, (2) The Internal Revenue Code of 1986 is Sec. 208. Modifications of foreign tax credit (D) increasing the basic standard deduction amended by striking ‘‘calendar year 1992’’ rules applicable to large inte- and maintaining itemized deductions for each place it appears and inserting ‘‘calendar grated oil companies which are principal residence mortgage interest and year 2007’’. dual capacity taxpayers. charitable contributions, (3) Section 1445(e)(1) (after the application Sec. 209. Repeal of lower of cost or market (E) reducing the number of exclusions, ex- of subsection (g)(1)) is amended by striking value of inventory rule. emptions, deductions, and credits, and ‘‘(or, to the extent provided in regulations, Sec. 210. Reinstitution of per country for- (F) treating all income equally, 20 percent)’’. eign tax credit. (2) to make the Federal corporate income (h) EFFECTIVE DATE.—The amendments Sec. 211. Application of rules treating in- tax rate a flat 35 percent and eliminate spe- made by this section shall apply to taxable verted corporations as domestic cial tax preferences that favor particular years beginning after December 31, 2007. corporations to certain trans- types of businesses or activities, and SEC. 102. HEALTH CARE STANDARD DEDUCTION. actions occurring after March (3) to partially offset the Federal budget (a) IN GENERAL.—Section 62(a) (defining ad- 20, 2002. deficit through the increased fiscal responsi- justed gross income) is amended by inserting TITLE III—OTHER PROVISIONS bility resulting from these reforms. after paragraph (21) the following new para- Subtitle A—Improvements in Tax TITLE I—INDIVIDUAL INCOME TAX graph: Compliance REFORMS ‘‘(22) INDIVIDUAL SHARED RESPONSIBILITY PAYMENTS.— Sec. 301. Information reporting on payments SEC. 101. 3 PROGRESSIVE INDIVIDUAL INCOME ‘‘(A) IN GENERAL.—In the case of a taxpayer to corporations. TAX RATES FOR ALL FORMS OF IN- with gross income for the taxable year ex- Sec. 302. Broker reporting of customer’s COME. ceeding 100 percent of the poverty line (ad- basis in securities transactions. (a) MARRIED INDIVIDUALS FILING JOINT RE- Sec. 303. Additional reporting requirements TURNS AND SURVIVING SPOUSES.—The table justed for the size of the family involved) for by regulation. contained in section 1(a) is amended to read the calendar year in which such taxable year Sec. 304. Increase in information return pen- as follows: begins and who is enrolled in a HAPI plan under the Healthy Americans Act, the deduc- alties. ‘‘If taxable income is: The tax is: Sec. 305. E-filing requirement for certain Not over $30,000 ...... 15% of taxable income. tion allowable under section 213 by reason of large organizations. Over $30,000 but not over $4,500, plus 25% of the ex- subsection (d)(1)(D) thereof (determined Sec. 306. Implementation of standards clari- $120,000. cess over $30,000 without regard to any income limitation fying when employee leasing Over $120,000 ...... $27,000, plus 35% of the under subsection (a) thereof) in an amount companies can be held liable for excess over $120,000’’. equal to the applicable fraction times, in the their clients’ Federal employ- (b) HEADS OF HOUSEHOLDS.—The table con- case of— ment taxes. tained in section 1(b) is amended to read as ‘‘(i) coverage of an individual, $6,025, Sec. 307. Modification of collection due proc- follows: ‘‘(ii) coverage of a married couple or do- ess procedures for employment ‘‘If taxable income is: The tax is: mestic partnership (as determined by a tax liabilities. Not over $16,000 ...... 15% of taxable income. State) without dependent children, $12,050, Over $16,000 but not over $2,400, plus 25% of the ex- ‘‘(iii) coverage of an unmarried individual Sec. 308. Expansion of IRS access to infor- $105,000. cess over $16,000 mation in National Directory of with 1 or more dependent children, $8,610, Over $105,000 ...... $24,650, plus 35% of the plus $2,000 for each dependent child, and New Hires for tax administra- excess over $105,000’’. tion purposes. ‘‘(iv) coverage of a married couple or do- (c) UNMARRIED INDIVIDUALS (OTHER THAN Sec. 309. Disclosure of prisoner return infor- mestic partnership (as determined by a SURVIVING SPOUSES AND HEADS OF HOUSE- mation to Federal Bureau of State) with 1 or more dependent children, HOLDS).—The table contained in section 1(c) Prisons. $15,210, plus $2,000 for each dependent child. is amended to read as follows: Sec. 310. Modification of criminal penalties ‘‘(B) APPLICABLE FRACTION.—For purposes for willful failures involving ‘‘If taxable income is: The tax is: of subparagraph (A), the applicable fraction Not over $15,000 ...... 15% of taxable income. is the fraction (not to exceed 1)— tax payments and filing re- Over $15,000 but not over $2,250, plus 25% of the ex- quirements. $60,000. cess over $15,000 ‘‘(i) the numerator of which is the gross in- Sec. 311. Understatement of taxpayer liabil- Over $60,000...... $13,500, plus 35% of the come of the taxpayer for the taxable year ex- ity by return preparers. excess over $60,000’’. pressed as a percentage of the poverty line

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2007 CONGRESSIONAL RECORD — SENATE S4483 (adjusted for the size of the family involved) ‘‘(C) $15,000 in any other case, reduced by ‘‘Sec. 36. Credit for state and local income, minus such poverty line for the calendar any deduction allowed under section 62(a)(22) sales, and real and personal year in which such taxable year begins, and for such taxable year.’’. property taxes ‘‘(ii) the denominator of which is 400 per- (b) CONFORMING AMENDMENT TO INFLATION ‘‘Sec. 37. Overpayments of tax’’. cent of the poverty line (adjusted for the size ADJUSTMENT.—Section 63(c)(4)(B)(i) is (c) REPORT REGARDING USE OF CREDIT BY of the family involved) minus such poverty amended by striking ‘‘(2)(B), (2)(C), or’’. RENTERS.—Not later than 180 days after the line. (c) EFFECTIVE DATE.—The amendments date of the enactment of this Act, the Sec- ‘‘(C) PHASEOUT OF DEDUCTION AMOUNT.— made by this section shall apply to taxable retary of the Treasury shall report to the ‘‘(i) IN GENERAL.—The amount otherwise years beginning after December 31, 2007. Committee on Finance of the Senate and the determined under subparagraph (A) for any SEC. 104. REFUNDABLE CREDIT FOR STATE AND Committee on Ways and Means of the House taxable year shall be reduced by the amount LOCAL INCOME, SALES, AND REAL of Representatives recommendations regard- determined under clause (ii). AND PERSONAL PROPERTY TAXES. ing the treatment of a portion of rental pay- ‘‘(ii) AMOUNT OF REDUCTION.—The amount (a) GENERAL RULE.—Subpart C of part IV of ments in a manner similar to real property determined under this clause shall be the subchapter A of chapter 1 (relating to re- taxes under section 36 of the Internal Rev- amount which bears the same ratio to the fundable credits) is amended by redesig- enue Code of 1986 (as added by this section). amount determined under subparagraph (A) nating section 36 as section 37 and by insert- (d) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable as— ing after section 35 the following new sec- years beginning after December 31, 2007. ‘‘(I) the excess of the taxpayer’s modified tion: adjusted gross income for such taxable year, SEC. 105. EARNED INCOME CHILD CREDIT AND over $62,500 ($125,000 in the case of a joint re- ‘‘SEC. 36. CREDIT FOR STATE AND LOCAL IN- EARNED INCOME CREDIT FOR COME, SALES, AND REAL AND PER- CHILDLESS TAXPAYERS. turn), bears to SONAL PROPERTY TAXES. ‘‘(II) $62,500 ($125,000 in the case of a joint (a) IN GENERAL.—Subsection (a) of section ‘‘(a) ALLOWANCE OF CREDIT.—In the case of return). 32 (relating to earned income) is amended to an individual, there shall be allowed as a read as follows: Any amount determined under this clause credit against the tax imposed by this sub- ‘‘(a) ALLOWANCE OF EARNED INCOME CHILD which is not a multiple of $1,000 shall be title for the taxable year an amount equal to CREDIT AND EARNED INCOME CREDIT.— rounded to the next lowest $1,000. 10 percent of the qualified State and local ‘‘(1) IN GENERAL.—There shall be allowed as ‘‘(D) INFLATION ADJUSTMENT.—In the case taxes paid by the taxpayer for such year. a credit against the tax imposed by this sub- of any taxable year beginning in a calendar ‘‘(b) QUALIFIED STATE AND LOCAL TAXES.— title for the taxable year— year after 2009, each dollar amount con- For purposes of this section, the term ‘quali- ‘‘(A) in the case of any eligible individual tained in subparagraph (A) and subparagraph fied State and local taxes’ means— with 1 or more qualifying children, an (C)(ii)(I) shall be increased by an amount ‘‘(1) State and local income taxes, amount equal to the earned income child equal to such dollar amount, multiplied by ‘‘(2) State and local general sales taxes, credit amount, and the cost-of-living adjustment determined ‘‘(3) State and local real property taxes, ‘‘(B) in the case of any eligible individual under section 1(f)(3) for the calendar year in and with no qualifying children, an amount equal which the taxable year begins, determined ‘‘(4) State and local personal property to the earned income credit amount. by substituting ‘calendar year 2008’ for ‘cal- taxes. ‘‘(2) EARNED INCOME CHILD CREDIT endar year 1992’ in subparagraph (B) thereof. ‘‘(c) DEFINITIONS AND SPECIAL RULES.—For AMOUNT.—For purposes of this section, the Any increase determined under the preceding purposes of this section— earned income child credit amount is equal sentence shall be rounded to the nearest ‘‘(1) STATE OR LOCAL TAXES.—A State or to the sum of— multiple of $50 ($1,000 in the case of the dol- local tax includes only a tax imposed by a ‘‘(A) the credit percentage of so much of lar amount contained in subparagraph State, a possession of the United States, or a the taxpayer’s earned income for the taxable (C)(ii)(I)). political subdivision of any of the foregoing, year as does not exceed the earned income ‘‘(E) DETERMINATION OF MODIFIED ADJUSTED or by the District of Columbia. limit amount, plus GROSS INCOME.— ‘‘(2) GENERAL SALES TAXES.— ‘‘(B) the supplemental child credit amount ‘‘(i) IN GENERAL.—For purposes of this ‘‘(A) IN GENERAL.—The term ‘general sales determined under subsection (n) for such paragraph, the term ‘modified adjusted gross tax’ means a tax imposed at one rate with taxable year. income’ means adjusted gross income— respect to the sale at retail of a broad range ‘‘(3) EARNED INCOME CREDIT AMOUNT.—For ‘‘(ii) determined without regard to this sec- of classes of items. purposes of this section, the earned income tion and sections 86, 135, 137, 199, 221, 222, 911, ‘‘(B) APPLICATION OF RULES.—Rules similar credit amount is equal to the credit percent- 931, and 933, and to the rules under subparagraphs (C), (D), age of so much of the taxpayer’s earned in- ‘‘(iii) increased by— (E), (F), (G), and (H) of section 164(b)(5) shall come for the taxable year as does not exceed ‘‘(I) the amount of interest received or ac- apply. the earned income limit amount. crued during the taxable year which is ex- ‘‘(3) PERSONAL PROPERTY TAXES.—The term ‘‘(4) LIMITATION.—The amount of the credit empt from tax under this title, and ‘personal property tax’ means an ad valorem allowable to a taxpayer under paragraph ‘‘(II) the amount of any social security tax which is imposed on an annual basis in (2)(A) or (3) for any taxable year shall not ex- benefits (as defined in section 86(d)) received respect of personal property. ceed the excess (if any) of— or accrued during the taxable year. ‘‘(A) the credit percentage of the earned in- ‘‘(4) APPLICATION OF RULES TO PROPERTY ‘‘(F) POVERTY LINE.—For purposes of this come amount, over TAXES.—Rules similar to the rules of sub- paragraph, the term ‘poverty line’ has the sections (c) and (d) of section 164 shall apply. ‘‘(B) the phaseout percentage of so much of meaning given such term in section 673(2) of the adjusted gross income (or, if greater, the ‘‘(5) NO CREDIT FOR MARRIED INDIVIDUALS the Community Health Services Block Grant earned income) of the taxpayer for the tax- FILING SEPARATE RETURNS.—If the taxpayer Act (42 U.S.C. 9902(2)), including any revision is a married individual (within the meaning able year as exceeds the phaseout amount.’’. required by such section.’’. (b) SUPPLEMENTAL CHILD CREDIT AMOUNT.— of section 7703), this section shall apply only (b) CONFORMING AMENDMENT.—Section Section 32 is amended by adding at the end 213(d)(1)(D) is amended by inserting if the taxpayer and the taxpayer’s spouse file the following new subsection: ‘‘amounts paid under section 3421 and’’ after a joint return for the taxable year. ‘‘(n) SUPPLEMENTAL CHILD CREDIT ‘‘including’’. ‘‘(6) DENIAL OF CREDIT TO DEPENDENTS.—No AMOUNT.— (c) EFFECTIVE DATE.—The amendments credit shall be allowed under this section to ‘‘(1) IN GENERAL.—For purposes of sub- made by this section shall apply to taxable any individual with respect to whom a de- section (a)(2)(B), the supplemental child years beginning after December 31, 2007. duction under section 151 is allowable to an- credit amount for any taxable year is equal SEC. 103. INCREASE IN BASIC STANDARD DEDUC- other taxpayer for a taxable year beginning to the lesser of— TION. in the calendar year in which such individ- ‘‘(A) the credit which would be allowed (a) IN GENERAL.—Paragraph (2) of section ual’s taxable year begins. under section 24 for such taxable year with- 63(c) (defining standard deduction) is amend- ‘‘(7) DENIAL OF DOUBLE BENEFIT.—Any out regard to the limitation under section ed to read as follows: amount taken into account in determining 24(b)(3) with respect to any qualifying child ‘‘(2) BASIC STANDARD DEDUCTION.—For pur- the credit allowable under this section may as defined under subsection (c)(3), or poses of paragraph (1), the basic standard de- not be taken into account in determining ‘‘(B) the amount by which the aggregate duction is— any credit or deduction under any other pro- amount of credits allowed by subpart A for ‘‘(A) 200 percent of the dollar amount in ef- vision of this chapter.’’. such taxable year would increase if the limi- fect under subparagraph (C) for the taxable (b) TECHNICAL AMENDMENTS.— tation imposed by section 24(b)(3) were in- year in the case of— (1) Paragraph (2) of section 1324(b) of title creased by the excess (if any) of— ‘‘(i) a joint return, or 31, United States Code, is amended by insert- ‘‘(i) 15 percent of so much of the taxpayer’s ‘‘(ii) a surviving spouse (as defined in sec- ing ‘‘or from section 36 of such Code’’ before earned income which is taken into account tion 2(a)), the period at the end. in computing taxable income for the taxable ‘‘(B) $26,250 in the case of a head of house- (2) The table of sections for subpart C of year as exceeds $10,000, or hold (as defined in section 2(b)), reduced by part IV of subchapter A of chapter 1 is ‘‘(ii) in the case of a taxpayer with 3 or any deduction allowed under section 62(a)(22) amended by striking the item relating to more qualifying children (as so defined), the for such taxable year, or section 36 and inserting the following: excess (if any) of—

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‘‘(I) the taxpayer’s social security taxes for ‘‘(c) LIMITATION.— (2) Sections 860E(e)(2)(B), 860E(e)(6)(A)(ii), the taxable year, over ‘‘(1) IN GENERAL.—Except as provided in 860K(d)(2)(A)(ii), 860K(e)(1)(B)(ii), ‘‘(II) the credit allowed under this section paragraph (2), the credit allowable under 1446(b)(2)(B), and 7874(e)(1)(B) are each for the taxable year. subsection (a) for any taxable year shall not amended by striking ‘‘highest rate of tax The amount of the credit allowed under this exceed the excess (if any) of— specified in section 11(b)(1)’’ and inserting subsection shall not be treated as a credit al- ‘‘(A) the regular tax liability of the tax- ‘‘rate of tax specified in section 11(b)’’. lowed under subpart A and shall reduce the payer for such taxable year reduced by the (3) Section 904(b)(3)(D)(ii) is amended by amount of credit otherwise allowable under sum of the credits allowable under subparts striking ‘‘(determined without regard to the section 24(a) without regard to section A, B, D, E, and F of this part, over last sentence of section 11(b)(1))’’. 24(b)(3). ‘‘(B) the tentative minimum tax for the (4) Section 962 is amended by striking sub- ‘‘(2) SOCIAL SECURITY TAXES.—For purposes taxable year. section (c) and by redesignating subsection of paragraph (1)— ‘‘(2) TAXABLE YEARS BEGINNING AFTER 2007.— (d) as subsection (c). ‘‘(A) IN GENERAL.—The term ‘social secu- In the case of any taxable year beginning (5) Section 1201(a) is amended by striking rity taxes’ means, with respect to any tax- after 2007, the credit allowable under sub- ‘‘(determined without regard to the last 2 payer for any taxable year— section (a) to a taxpayer other than a cor- sentences of section 11(b)(1))’’. ‘‘(i) the amount of the taxes imposed by poration for any taxable year shall not ex- (6) Section 1561(a) is amended— section 3101 and 3201(a) on amounts received ceed 90 percent of the regular tax liability of (A) by striking paragraph (1) and by redes- by the taxpayer during the calendar year in the taxpayer for such taxable year reduced ignating paragraphs (2), (3), and (4) as para- which the taxable year begins, by the sum of the credits allowable under graphs (1), (2), and (3), respectively, ‘‘(ii) 50 percent of the taxes imposed by sec- subparts A, B, D, E, and F of this part.’’. (B) by striking ‘‘The amounts specified in tion 1401 on the self-employment income of (c) EFFECTIVE DATE.—The amendments paragraph (1), the’’ and inserting ‘‘The’’, the taxpayer for the taxable year, and made by this section shall apply to taxable (C) by striking ‘‘paragraph (2)’’ and insert- ‘‘(iii) 50 percent of the taxes imposed by years beginning after December 31, 2007. ing ‘‘paragraph (1)’’, section 3211(a)(1) on amounts received by the SEC. 107. TERMINATION OF VARIOUS EXCLU- (D) by striking ‘‘paragraph (3)’’ both places taxpayer during the calendar year in which SIONS, EXEMPTIONS, DEDUCTIONS, it appears and inserting ‘‘paragraph (2)’’, the taxable year begins. AND CREDITS. (E) by striking ‘‘paragraph (4)’’ and insert- (a) IN GENERAL.—Subchapter C of chapter ‘‘(B) COORDINATION WITH SPECIAL REFUND OF ing ‘‘paragraph (3)’’, and 90 (relating to provisions affecting more than SOCIAL SECURITY TAXES.—The term ‘social se- (F) by striking the fourth sentence. curity taxes’ shall not include any taxes to one subtitle) is amended by adding at the (7) Subsection (b) of section 1561 is amend- the extent the taxpayer is entitled to a spe- end the following new section: ed to read as follows: cial refund of such taxes under section ‘‘SEC. 7875. TERMINATION OF CERTAIN PROVI- ‘‘(b) CERTAIN SHORT TAXABLE YEARS.—If a 6413(c). SIONS. corporation has a short taxable year which ‘‘The following provisions shall not apply ‘‘(C) SPECIAL RULE.—Any amounts paid does not include a December 31 and is a com- pursuant to an agreement under section to taxable years beginning after December ponent member of a controlled group of cor- 3121(l) (relating to agreements entered into 31, 2007: porations with respect to such taxable year, by American employers with respect to for- ‘‘(1) Section 67 (relating to 2-percent floor then for purposes of this subtitle, the eign affiliates) which are equivalent to the on miscellaneous itemized deductions). amount to be used in computing the accumu- taxes referred to in subparagraph (A)(i) shall ‘‘(2) Section 74(c) (relating to exclusion of lated earnings credit under section 535(c)(2) be treated as taxes referred to in such para- certain employee achievement awards). and (3) of such corporation for such taxable graph. ‘‘(3) Section 79 (relating to exclusion of year shall be the amount specified in sub- group-term life insurance purchased for em- ‘‘(3) INFLATION ADJUSTMENT.—In the case of section (a)(1) divided by the number of cor- any taxable year beginning in a calendar ployees). porations which are component members of year after 2007, the $10,000 amount contained ‘‘(4) Section 119 (relating to exclusion of such group on the last day of such taxable in paragraph (1)(B) shall be increased by an meals or lodging furnished for the conven- year. For purposes of the preceding sentence, amount equal to— ience of the employer). section 1563(b) shall be applied as if such last ‘‘(A) such dollar amount, multiplied by ‘‘(5) Section 125 (relating to exclusion of day were substituted for December 31.’’. ‘‘(B) the cost-of-living adjustment deter- cafeteria plan benefits). (c) EFFECTIVE DATE.—The amendments mined under section 1(f)(3) for the calendar ‘‘(6) Section 132 (relating to certain fringe made by this section shall apply to taxable year in which the taxable year begins, deter- benefits), except with respect to subsection years beginning after December 31, 2007. (a)(5) thereof (relating to exclusion of quali- mined by substituting ‘calendar year 2000’ SEC. 202. TREATMENT OF TRAVEL ON COR- for ‘calendar year 1992’ in subparagraph (B) fied transportation fringe). PORATE AIRCRAFT. ‘‘(7) Section 163(h)(4)(A)(i)(II) (relating to thereof. (a) IN GENERAL.—Section 162 (relating to ‘‘Any increase determined under the pre- definition of qualified residence). trade or business expenses) is amended by re- ceding sentence shall be rounded to the near- ‘‘(8) Section 165(d) (relating to deduction designating subsection (q) as subsection (r) est multiple of $50.’’. for wagering losses). and by inserting after subsection (p) the fol- (c) CONFORMING AMENDMENT.—Section 24(d) ‘‘(9) Section 217 (relating to deduction for lowing new subsection: is amended by adding at the end the fol- moving expenses). ‘‘(q) TREATMENT OF TRAVEL ON CORPORATE lowing new paragraph: ‘‘(10) Section 454 (relating to deferral of tax AIRCRAFT.—The rate at which an amount al- ‘‘(4) TERMINATION.—This subsection shall on obligations issued at discount). lowable as a deduction under this chapter for not apply with respect to any taxable year ‘‘(11) Section 501(c)(9) (relating to tax-ex- the use of an aircraft owned by the taxpayer beginning after December 31, 2007.’’. empt status of voluntary employees’ bene- is determined shall not exceed the rate at (d) CERTAIN TREATMENT OF EARNED INCOME ficiary associations). which an amount paid or included in income MADE PERMANENT.—Clause (vi) of section ‘‘(12) Section 911 (relating to exclusion of by an employee of such taxpayer for the per- 32(c)(2)(B) is amended to read as follows: earned income of citizens or residents of the sonal use of such aircraft is determined.’’. ‘‘(vi) a taxpayer may elect to treat United States living abroad). (b) EFFECTIVE DATE.—The amendments amounts excluded from gross income by rea- ‘‘(13) Section 912 (relating to exemption for made by this section shall apply to taxable son of section 112 as earned income.’’. certain allowances).’’. years beginning after December 31, 2007. (e) REPEAL OF DISQUALIFIED INVESTMENT (b) CONFORMING AMENDMENT.—The table of sections for subchapter C of chapter 90 is SEC. 203. TERMINATION OF VARIOUS PREF- INCOME TEST.—Subsection (i) of section 32 is ERENTIAL TREATMENTS. repealed. amended by adding at the end the following (a) IN GENERAL.—Section 7875, as added by (f) EFFECTIVE DATE.—The amendments new item: section 107, is amended— made by this section shall apply to taxable ‘‘Sec. 7875. Termination of certain provi- years beginning after December 31, 2007. (1) by inserting ‘‘(or transactions in the sions’’. case of sections referred to in paragraphs SEC. 106. REPEAL OF INDIVIDUAL ALTERNATIVE TITLE II—CORPORATE AND BUSINESS MINIMUM TAX. (21), (22), (23), (24), and (27))’’ after ‘‘taxable INCOME TAX REFORMS (a) IN GENERAL.—Section 55(a) (relating to years beginning’’, and alternative minimum tax imposed) is amend- SEC. 201. CORPORATE FLAT TAX. (2) by adding at the end the following new ed by adding at the end the following new (a) IN GENERAL.—Subsection (b) of section paragraphs: flush sentence: 11 (relating to tax imposed) is amended to ‘‘(14) Section 43 (relating to enhanced oil ‘‘For purposes of this title, the tentative read as follows: recovery credit). minimum tax on any taxpayer other than a ‘‘(b) AMOUNT OF TAX.—The amount of tax ‘‘(15) Section 263(c) (relating to intangible corporation for any taxable year beginning imposed by subsection (a) shall be equal to 35 drilling and development costs in the case of after December 31, 2007, shall be zero.’’. percent of the taxable income.’’. oil and gas wells and geothermal wells). (b) MODIFICATION OF LIMITATION ON USE OF (b) CONFORMING AMENDMENTS.— ‘‘(16) Section 382(l)(5) (relating to exception CREDIT FOR PRIOR YEAR MINIMUM TAX LI- (1) Section 280C(c)(3)(B)(ii)(II) is amended from net operating loss limitations for cor- ABILITY.—Subsection (c) of section 53 (relat- by striking ‘‘maximum rate of tax under sec- porations in bankruptcy proceeding). ing to credit for prior year minimum tax li- tion 11(b)(1)’’ and inserting ‘‘rate of tax ‘‘(17) Section 451(i) (relating to special ability) is amended to read as follows: under section 11(b)’’. rules for sales or dispositions to implement

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For purposes of this subsection all per- State electric restructuring policy). use of such entities, In addition, the Sec- sons treated as a single employer under sub- ‘‘(18) Section 453A (relating to special rules retary shall develop procedures to share such sections (a) and (b) of section 52 of the Inter- for nondealers), but only with respect to the report data with State revenue agencies nal Revenue Code of 1986 shall be treated as dollar limitation under subsection (b)(1) under the disclosure requirements of section 1 person and, in the case of a short taxable thereof and subsection (b)(3) thereof (relat- 6103(d) of the Internal Revenue Code of 1986. year, the rule under section 448(c)(3)(B) shall ing to exception for personal use and farm SEC. 206. MODIFICATION OF EFFECTIVE DATE OF apply. property). LEASING PROVISIONS OF THE AMER- SEC. 208. MODIFICATIONS OF FOREIGN TAX ‘‘(19) Section 460(e)(1) (relating to special ICAN JOBS CREATION ACT OF 2004. CREDIT RULES APPLICABLE TO rules for long-term home construction con- (a) LEASES TO FOREIGN ENTITIES.—Section LARGE INTEGRATED OIL COMPA- tracts or other short-term construction con- 849(b) of the American Jobs Creation Act of NIES WHICH ARE DUAL CAPACITY tracts). 2004 is amended by adding at the end the fol- TAXPAYERS. ‘‘(20) Section 613A (relating to percentage lowing new paragraph: (a) IN GENERAL.—Section 901 (relating to depletion in case of oil and gas wells). ‘‘(5) LEASES TO FOREIGN ENTITIES.—In the credit for taxes of foreign countries and of ‘‘(21) Section 616 (relating to development case of tax-exempt use property leased to a possessions of the United States) is amended costs). tax-exempt entity which is a foreign person by redesignating subsection (n) as subsection ‘‘(22) Sections 861(a)(6), 862(a)(6), 863(b)(2), or entity, the amendments made by this part (o) and by inserting after subsection (l) the 863(b)(3), and 865(b) (relating to inventory shall apply to taxable years beginning after following new subsection: property sales source rule exception).’’. December 31, 2006, with respect to leases en- ‘‘(m) SPECIAL RULES RELATING TO LARGE (b) FULL TAX RATE ON NUCLEAR DECOMMIS- tered into on or before March 12, 2004.’’. INTEGRATED OIL COMPANIES WHICH ARE DUAL SIONING RESERVE FUND.—Subparagraph (B) of (b) EFFECTIVE DATE.—The amendment CAPACITY TAXPAYERS.— section 468A(e)(2) is amended to read as fol- made by this section shall take effect as if ‘‘(1) GENERAL RULE.—Notwithstanding any lows: included in the enactment of the American other provision of this chapter, any amount ‘‘(B) RATE OF TAX.—For purposes of sub- Jobs Creation Act of 2004. paid or accrued by a dual capacity taxpayer paragraph (A), the rate set forth in this sub- SEC. 207. REVALUATION OF LIFO INVENTORIES which is a large integrated oil company to a paragraph is 35 percent.’’. OF LARGE INTEGRATED OIL COMPA- foreign country or possession of the United (c) DEFERRAL OF ACTIVE INCOME OF CON- NIES. States for any period shall not be considered TROLLED FOREIGN CORPORATIONS.—Section (a) GENERAL RULE.—Notwithstanding any a tax— 952 (relating to subpart F income defined) is other provision of law, if a taxpayer is an ap- ‘‘(A) if, for such period, the foreign country amended by adding at the end the following plicable integrated oil company for its last or possession does not impose a generally ap- new subsection: taxable year ending in calendar year 2006, plicable income tax, or ‘‘(e) SPECIAL APPLICATION OF SUBPART.— the taxpayer shall— ‘‘(B) to the extent such amount exceeds the ‘‘(1) IN GENERAL.—For taxable years begin- (1) increase, effective as of the close of amount (determined in accordance with reg- ning after December 31, 2007, notwith- such taxable year, the value of each historic ulations) which— standing any other provision of this subpart, LIFO layer of inventories of crude oil, nat- ‘‘(i) is paid by such dual capacity taxpayer the term ‘subpart F income’ means, in the ural gas, or any other petroleum product pursuant to the generally applicable income case of any controlled foreign corporation, (within the meaning of section 4611) by the tax imposed by the country or possession, or the income of such corporation derived from layer adjustment amount, and ‘‘(ii) would be paid if the generally applica- any foreign country. (2) decrease its cost of goods sold for such ble income tax imposed by the country or ‘‘(2) APPLICABLE RULES.—Rules similar to taxable year by the aggregate amount of the possession were applicable to such dual ca- the rules under the last sentence of sub- increases under paragraph (1). pacity taxpayer. section (a) and subsection (d) shall apply to If the aggregate amount of the increases Nothing in this paragraph shall be construed this subsection.’’. under paragraph (1) exceed the taxpayer’s to imply the proper treatment of any such (d) DEFERRAL OF ACTIVE FINANCING IN- cost of goods sold for such taxable year, the amount not in excess of the amount deter- COME.—Section 953(e)(10) is amended— mined under subparagraph (B). (1) by striking ‘‘January 1, 2009’’ and in- taxpayer’s gross income for such taxable ‘‘(2) DUAL CAPACITY TAXPAYER.—For pur- serting ‘‘January 1, 2008’’, and year shall be increased by the amount of poses of this subsection, the term ‘dual ca- (2) by striking ‘‘December 31, 2008’’ and in- such excess. pacity taxpayer’ means, with respect to any serting ‘‘December 31, 2007’’. (b) LAYER ADJUSTMENT AMOUNT.—For pur- foreign country or possession of the United (e) DEPRECIATION ON EQUIPMENT IN EXCESS poses of this section— States, a person who— OF ALTERNATIVE DEPRECIATION SYSTEM.— (1) IN GENERAL.—The term ‘‘layer adjust- Section 168(g)(1) (relating to alternative de- ment amount’’ means, with respect to any ‘‘(A) is subject to a levy of such country or preciation system) is amended by striking historic LIFO layer, the product of— possession, and ‘‘and’’ at the end of subparagraph (D), by (A) $18.75, and ‘‘(B) receives (or will receive) directly or adding ‘‘and’’ at the end of subparagraph (E), (B) the number of barrels of crude oil (or in indirectly a specific economic benefit (as de- and by inserting after subparagraph (E) the the case of natural gas or other petroleum termined in accordance with regulations) following new subparagraph: products, the number of barrel-of-oil equiva- from such country or possession. ‘‘(F) notwithstanding subsection (a), any lents) represented by the layer. ‘‘(3) GENERALLY APPLICABLE INCOME TAX.— tangible property placed in service after De- (2) BARREL-OF-OIL EQUIVALENT.—The term For purposes of this subsection— cember 31, 2007,’’. ‘‘barrel-of-oil equivalent’’ has the meaning ‘‘(A) IN GENERAL.—The term ‘generally ap- (f) EFFECTIVE DATE.—The amendments given such term by section 29(d)(5) (as in ef- plicable income tax’ means an income tax made by subsections (b), (c), and (d) shall fect before its redesignation by the Energy (or a series of income taxes) which is gen- apply to taxable years beginning after De- Tax Incentives Act of 2005). erally imposed under the laws of a foreign cember 31, 2007. (c) APPLICATION OF REQUIREMENT.— country or possession on income derived SEC. 204. ELIMINATION OF TAX EXPENDITURES (1) NO CHANGE IN METHOD OF ACCOUNTING.— from the conduct of a trade or business with- THAT SUBSIDIZE INEFFICIENCIES IN Any adjustment required by this section in such country or possession. THE HEALTH CARE SYSTEM. shall not be treated as a change in method of ‘‘(B) EXCEPTIONS.—Such term shall not in- Not later than 180 days after the date of accounting. clude a tax unless it has substantial applica- the enactment of this Act, the Secretary of (2) UNDERPAYMENTS OF ESTIMATED TAX.—No tion, by its terms and in practice, to— the Treasury shall report to the Committee addition to the tax shall be made under sec- ‘‘(i) persons who are not dual capacity tax- on Finance of the Senate and the Committee tion 6655 of the Internal Revenue Code of 1986 payers, and on Ways and Means of the House of Rep- (relating to failure by corporation to pay es- ‘‘(ii) persons who are citizens or residents resentatives recommendations regarding the timated tax) with respect to any under- of the foreign country or possession. elimination of Federal tax incentives which payment of an installment required to be ‘‘(4) LARGE INTEGRATED OIL COMPANY.—For subsidize inefficiencies in the health care paid with respect to the taxable year de- purposes of this subsection, the term ‘large system and if eliminated would result in scribed in subsection (a) to the extent such integrated oil company’ means, with respect Federal budget savings of not less than underpayment was created or increased by to any taxable year, an integrated oil com- $10,000,000,000 annually. this section. pany (as defined in section 291(b)(4)) which— SEC. 205. PASS-THROUGH BUSINESS ENTITY (d) APPLICABLE INTEGRATED OIL COM- ‘‘(A) had gross receipts in excess of TRANSPARENCY. PANY.—For purposes of this section, the term $1,000,000,000 for such taxable year, and Not later than 90 days after the date of the ‘‘applicable integrated oil company’’ means ‘‘(B) has an average daily worldwide pro- enactment of this Act, the Secretary of the an integrated oil company (as defined in sec- duction of crude oil of at least 500,000 barrels Treasury shall report to the Committee on tion 291(b)(4) of the Internal Revenue Code of for such taxable year.’’ Finance of the Senate and the Committee on 1986) which has an average daily worldwide (b) EFFECTIVE DATE.— Ways and Means of the House of Representa- production of crude oil of at least 500,000 bar- (1) IN GENERAL.—The amendments made by tives regarding the implementation of addi- rels for the taxable year and which had gross this section shall apply to taxes paid or ac- tional reporting requirements with respect receipts in excess of $1,000,000,000 for its last crued in taxable years beginning after the to any pass-through entity with the goal of taxable year ending during calendar year date of the enactment of this Act.

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(2) CONTRARY TREATY OBLIGATIONS the same as the basis of the stock of the cable security reportable under section 6045 UPHELD.—The amendments made by this sec- shareholder in the foreign corporation for (by reason of subsection (g) thereof) shall be tion shall not apply to the extent contrary which it is treated as exchanged, and determined on a first-in, first-out method.’’. to any treaty obligation of the United ‘‘(iv) the transfer of any earnings and prof- (c) EFFECTIVE DATE.—The amendments States. its by reason of clause (i) shall be dis- made by this section shall apply to sales and SEC. 209. REPEAL OF LOWER OF COST OR MAR- regarded in determining any deemed divi- transfers occurring after December 31, 2007, KET VALUE OF INVENTORY RULE. dend or foreign tax creditable to the domes- with respect to securities acquired before, (a) IN GENERAL.—Subsection (a) of section tic corporation with respect to such transfer. on, or after such date. 471 (relating to general rules for inventories) ‘‘(C) REGULATIONS.—The Secretary may SEC. 303. ADDITIONAL REPORTING REQUIRE- is amended to read as follows: prescribe such regulations as may be nec- MENTS BY REGULATION. ‘‘(a) GENERAL RULE.—Whenever in the essary or appropriate to carry out this para- The Secretary of the Treasury is author- opinion of the Secretary the use of inven- graph, including regulations to prevent the ized to issue regulations under which with tories is necessary in order clearly to deter- avoidance of the purposes of this para- respect to payments made after December 31, mine the income of the taxpayer, inventories graph.’’. 2007— shall be valued at cost.’’. (b) EFFECTIVE DATE.—The amendment (1) any merchant acquiring bank is re- (b) EFFECTIVE DATE.—The amendment made by this section shall apply to taxable quired to annually report to the Secretary made by this section shall apply to taxable years beginning after December 31, 2006. the gross reimbursement payments made to years beginning after the date of the enact- TITLE III—OTHER PROVISIONS merchants in a calendar year, unless the ment of this Act. Subtitle A—Improvements in Tax Compliance benefit of such reporting does not justify the SEC. 210. REINSTITUTION OF PER COUNTRY FOR- cost of compliance, as determined by the SEC. 301. INFORMATION REPORTING ON PAY- EIGN TAX CREDIT. Secretary, (a) IN GENERAL.—Subsection (a) of section MENTS TO CORPORATIONS. (2) any contractor receiving payments of 904 (relating to limitation on credit) is (a) IN GENERAL.—Section 6041(a) (relating $600 or more in a calendar year from a par- amended to read as follows: to payments of $600 or more) is amended by ticular business is required to furnish such ‘‘(a) LIMITATION.—The amount of the credit inserting ‘‘(including any corporation other business the contractor’s certified taxpayer in respect of the tax paid or accrued to any than a corporation exempt from taxation)’’ identification number or be subject to with- foreign country or possession of the United after ‘‘another person’’. holding on such payments at a flat rate per- States shall not exceed the same proportion (b) EFFECTIVE DATE.—The amendment centage selected by the contractor, and of the tax against which such credit is taken made by this section shall apply to payments (3) any Federal, State, or local government which the taxpayer’s taxable income from made after December 31, 2007. is required to report to the Secretary any sources within such country or possession SEC. 302. BROKER REPORTING OF CUSTOMER’S non-wage payment to procure property and (but not in excess of the taxpayer’s entire BASIS IN SECURITIES TRANS- services, other than payments of interest, taxable income) bears to such taxpayer’s en- ACTIONS. payments for real property, payments to tax- tire taxable income for the same taxable (a) IN GENERAL.—Section 6045 (relating to exempt entities or foreign governments, year.’’. returns of brokers) is amended by adding at intergovernmental payments, and payments (b) EFFECTIVE DATE.—The amendment the end the following new subsection: made by this section shall apply to taxable ‘‘(g) ADDITIONAL INFORMATION REQUIRED IN made pursuant to a classified or confidential years beginning after December 31, 2007. THE CASE OF SECURITIES TRANSACTIONS.— contract. SEC. 211. APPLICATION OF RULES TREATING IN- ‘‘(1) IN GENERAL.—If a broker is otherwise SEC. 304. INCREASE IN INFORMATION RETURN VERTED CORPORATIONS AS DOMES- required to make a return under subsection PENALTIES. TIC CORPORATIONS TO CERTAIN (a) with respect to any applicable security, (a) FAILURE TO FILE CORRECT INFORMATION TRANSACTIONS OCCURRING AFTER the broker shall include in such return the RETURNS.— MARCH 20, 2002. information described in paragraph (2). (1) IN GENERAL.—Section 6721(a)(1) is (a) IN GENERAL.—Section 7874(b) (relating ‘‘(2) ADDITIONAL INFORMATION REQUIRED.— amended— to inverted corporations treated as domestic ‘‘(A) IN GENERAL.—The information re- (A) by striking ‘‘$50’’ and inserting ‘‘$250’’, corporations) is amended to read as follows: quired under paragraph (1) to be shown on a and ‘‘(b) INVERTED CORPORATIONS TREATED AS return with respect to an applicable security (B) by striking ‘‘$250,000’’ and inserting DOMESTIC CORPORATIONS.— of a customer shall include for each reported ‘‘$3,000,000’’. ‘‘(1) IN GENERAL.—Notwithstanding section applicable security the customer’s adjusted (2) REDUCTION WHERE CORRECTION IN SPECI- 7701(a)(4), a foreign corporation shall be basis in such security. FIED PERIOD.— treated for purposes of this title as a domes- ‘‘(B) EXEMPTION FROM REQUIREMENT.—The (A) CORRECTION WITHIN 30 DAYS.—Section tic corporation if such corporation would be Secretary shall issue such regulations or 6721(b)(1) is amended— a surrogate foreign corporation if subsection guidance as necessary concerning the appli- (i) by striking ‘‘$15’’ and inserting ‘‘$50’’, (a)(2) were applied by substituting ‘80 per- cation of the requirement under subpara- (ii) by striking ‘‘$50’’ and inserting ‘‘$250’’, cent’ for ‘60 percent’. graph (A) in cases in which a broker in mak- and ‘‘(2) SPECIAL RULE FOR CERTAIN TRANS- ing a return does not have sufficient infor- (iii) by striking ‘‘$75,000’’ and inserting ACTIONS OCCURRING AFTER MARCH 20, 2002.— mation to meet such requirement with re- ‘‘$500,000’’. ‘‘(A) IN GENERAL.—If— spect to the reported applicable security. (B) FAILURES CORRECTED ON OR BEFORE AU- ‘‘(i) paragraph (1) does not apply to a for- Such regulations or guidance may— GUST 1.—Section 6721(b)(2) is amended— eign corporation, but ‘‘(i) require such other information related (i) by striking ‘‘$30’’ and inserting ‘‘$100’’, ‘‘(ii) paragraph (1) would apply to such cor- to such adjusted basis as the Secretary may (ii) by striking ‘‘$50’’ and inserting ‘‘$250’’, poration if, in addition to the substitution prescribe, and and under paragraph (1), subsection (a)(2) were ‘‘(ii) exempt classes of cases in which the (iii) by striking ‘‘$150,000’’ and inserting applied by substituting ‘March 20, 2002’ for broker does not have sufficient information ‘‘$1,500,000’’. ‘March 4, 2003’ each place it appears, to meet either the requirement under sub- (3) LOWER LIMITATION FOR PERSONS WITH then paragraph (1) shall apply to such cor- paragraph (A) or the requirement under GROSS RECEIPTS OF NOT MORE THAN poration but only with respect to taxable clause (i). $5,000,000.—Section 6721(d)(1) is amended— years of such corporation beginning after De- ‘‘(3) INFORMATION TRANSFERS.—To the ex- (A) in subparagraph (A)— cember 31, 2006. tent provided in regulations, there shall be (i) by striking ‘‘$100,000’’ and inserting ‘‘(B) SPECIAL RULES.—Subject to such rules such exchanges of information between bro- ‘‘$1,000,000’’, and as the Secretary may prescribe, in the case kers as such regulations may require for pur- (ii) by striking ‘‘$250,000’’ and inserting of a corporation to which paragraph (1) ap- poses of enabling such brokers to meet the ‘‘$3,000,000’’, plies by reason of this paragraph— requirements of this subsection. (B) in subparagraph (B)— ‘‘(i) the corporation shall be treated, as of ‘‘(4) DEFINITIONS.—For purposes of this sub- (i) by striking ‘‘$25,000’’ and inserting the close of its last taxable year beginning section, the term ‘applicable security’ means ‘‘$175,000’’, and before January 1, 2007, as having transferred any— (ii) by striking ‘‘$75,000’’ and inserting all of its assets, liabilities, and earnings and ‘‘(A) security described in subparagraph ‘‘$500,000’’, and profits to a domestic corporation in a trans- (A) or (C) of section 475(c)(2), (C) in subparagraph (C)— action with respect to which no tax is im- ‘‘(B) interest in a regulated investment (i) by striking ‘‘$50,000’’ and inserting posed under this title, company (as defined in section 851), or ‘‘$500,000’’, and ‘‘(ii) the bases of the assets transferred in ‘‘(C) other financial instrument designated (ii) by striking ‘‘$150,000’’ and inserting the transaction to the domestic corporation in regulations prescribed by the Secretary.’’. ‘‘$1,500,000’’. shall be the same as the bases of the assets (b) DETERMINATION OF BASIS OF CERTAIN (4) PENALTY IN CASE OF INTENTIONAL DIS- in the hands of the foreign corporation, sub- SECURITIES BY FIFO METHOD.—Section 1012 REGARD.—Section 6721(e) is amended— ject to any adjustments under this title for (relating to basis of property—cost) is (A) by striking ‘‘$100’’ in paragraph (2) and built-in losses, amended by adding at the end the following inserting ‘‘$500’’, ‘‘(iii) the basis of the stock of any share- new sentence: ‘‘Except to the extent pro- (B) by striking ‘‘$250,000’’ in paragraph holder in the domestic corporation shall be vided in regulations, the basis of any appli- (3)(A) and inserting ‘‘$3,000,000’’.

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(b) FAILURE TO FURNISH CORRECT PAYEE (c) EFFECTIVE DATE.—The amendments (2) CONTENTS OF REPORT.—The report sub- STATEMENTS.— made by this section shall apply to levies mitted under paragraph (1) shall contain sta- (1) IN GENERAL.—Section 6722(a) is amend- served on or after January 1, 2008. tistics on the number of false or fraudulent ed— SEC. 308. EXPANSION OF IRS ACCESS TO INFOR- returns associated with each Federal and (A) by striking ‘‘$50’’ and inserting ‘‘$250’’, MATION IN NATIONAL DIRECTORY State prison and such other information that and OF NEW HIRES FOR TAX ADMINIS- the Secretary determines is appropriate. (B) by striking ‘‘$100,000’’ and inserting TRATION PURPOSES. (3) EXCHANGE OF INFORMATION.—For the ‘‘$1,000,000’’. (a) IN GENERAL.—Paragraph (3) of section purpose of gathering information necessary (2) PENALTY IN CASE OF INTENTIONAL DIS- 453(j) of the Social Security Act (42 U.S.C. for the reports required under paragraph (1), REGARD.—Section 6722(c) is amended— 653(j)) is amended to read as follows: the Secretary of the Treasury shall enter (A) by striking ‘‘$100’’ in paragraph (1) and ‘‘(3) ADMINISTRATION OF FEDERAL TAX into agreements with the head of the Federal inserting ‘‘$500’’, and LAWS.—The Secretary of the Treasury shall Bureau of Prisons and the heads of State (B) by striking ‘‘$100,000’’ in paragraph have access to the information in the Na- agencies charged with responsibility for ad- (2)(A) and inserting ‘‘$1,000,000’’. tional Directory of New Hires for purposes of ministration of State prisons under which (c) FAILURE TO COMPLY WITH OTHER INFOR- administering the Internal Revenue Code of the head of the Bureau or Agency provides to MATION REPORTING REQUIREMENTS.—Section 1986.’’. the Secretary not less frequently than annu- 6723 is amended— (b) EFFECTIVE DATE.—The amendment ally the names and other identifying infor- (1) by striking ‘‘$50’’ and inserting ‘‘$250’’, made by this section shall take effect on the mation of prisoners incarcerated at each fa- and date of the enactment of this Act. cility administered by the Bureau or Agency. (2) by striking ‘‘$100,000’’ and inserting SEC. 309. DISCLOSURE OF PRISONER RETURN IN- (c) EFFECTIVE DATE.—The amendments ‘‘$1,000,000’’. FORMATION TO FEDERAL BUREAU made by this section shall apply to disclo- OF PRISONS. (d) EFFECTIVE DATE.—The amendments sures on or after January 1, 2008. made by this section shall apply with respect (a) DISCLOSURE.— SEC. 310. MODIFICATION OF CRIMINAL PEN- to information returns required to be filed (1) IN GENERAL.—Subsection (l) of section ALTIES FOR WILLFUL FAILURES IN- on or after January 1, 2008. 6103 (relating to disclosure of returns and re- VOLVING TAX PAYMENTS AND FIL- turn information for purposes other than tax ING REQUIREMENTS. SEC. 305. E-FILING REQUIREMENT FOR CERTAIN (a) INCREASE IN PENALTY FOR ATTEMPT TO LARGE ORGANIZATIONS. administration) is amended by adding at the EVADE OR DEFEAT TAX.—Section 7201 (relat- (a) IN GENERAL.—The first sentence of sec- end the following new paragraph: tion 6011(e)(2) is amended to read as follows: ‘‘(22) DISCLOSURE OF RETURN INFORMATION ing to attempt to evade or defeat tax) is amended— ‘‘In prescribing regulations under paragraph OF PRISONERS TO FEDERAL BUREAU OF PRIS- (1) by striking ‘‘$100,000’’ and inserting (1), the Secretary shall take into account ONS.— ‘‘$500,000’’, (among other relevant factors) the ability of ‘‘(A) IN GENERAL.—Under such procedures (2) by striking ‘‘$500,000’’ and inserting the taxpayer to comply at reasonable cost as the Secretary may prescribe, the Sec- ‘‘$1,000,000’’, and with the requirements of such regulations.’’. retary may disclose return information with (b) CONFORMING AMENDMENT.—Section 6724 respect to persons incarcerated in Federal (3) by striking ‘‘5 years’’ and inserting ‘‘10 is amended by striking subsection (c). prisons whom the Secretary believes filed or years’’. (c) EFFECTIVE DATE.—The amendments facilitated the filing of false or fraudulent (b) MODIFICATION OF PENALTIES FOR WILL- made by this section shall apply to taxable returns to the head of the Federal Bureau of FUL FAILURE TO FILE RETURN, SUPPLY INFOR- years ending on or after December 31, 2008. Prisons if the Secretary determines that MATION, OR PAY TAX.— (1) IN GENERAL.—Section 7203 (relating to SEC. 306. IMPLEMENTATION OF STANDARDS such disclosure is necessary to permit effec- CLARIFYING WHEN EMPLOYEE tive tax administration. willful failure to file return, supply informa- tion, or pay tax) is amended— LEASING COMPANIES CAN BE HELD ‘‘(B) DISCLOSURE BY AGENCY TO EMPLOY- (A) in the first sentence— LIABLE FOR THEIR CLIENTS’ FED- EES.—The head of the Federal Bureau of ERAL EMPLOYMENT TAXES. (i) by striking ‘‘Any person’’ and inserting Prisons may redisclose information received With respect to employment tax returns the following: under subparagraph (A)— required to be filed with respect to wages ‘‘(a) IN GENERAL.—Any person’’, and ‘‘(i) only to those officers and employees of paid on or after January 1, 2008, the Sec- (ii) by striking ‘‘$25,000’’ and inserting the Bureau who are personally and directly retary of the Treasury shall issue regula- ‘‘$50,000’’, engaged in taking administrative actions to tions establishing— (B) in the third sentence, by striking ‘‘sec- address violations of administrative rules (1) standards for holding employee leasing tion’’ and inserting ‘‘subsection’’, and and regulations of the prison facility, and companies jointly and severally liable with (C) by adding at the end the following new ‘‘(ii) solely for the purposes described in their clients for Federal employment taxes subsection: subparagraph (C). under chapters 21, 22, 23, and 24 of the Inter- ‘‘(b) AGGRAVATED FAILURE TO FILE.— ‘‘(C) RESTRICTION ON USE OF DISCLOSED IN- nal Revenue Code of 1986, and ‘‘(1) IN GENERAL.—In the case of any failure FORMATION.—Return information disclosed (2) standards for holding such companies described in paragraph (2), the first sentence under this paragraph may be used only for solely liable for such taxes. of subsection (a) shall be applied by sub- the purposes of— stituting— SEC. 307. MODIFICATION OF COLLECTION DUE ‘‘(i) preventing the filing of false or fraudu- PROCESS PROCEDURES FOR EM- ‘‘(A) ‘felony’ for ‘misdemeanor’, PLOYMENT TAX LIABILITIES. lent returns; and ‘‘(B) ‘$250,000 ($500,000’ for ‘$50,000 ($100,000’, (a) IN GENERAL.—Section 6330(f) (relating ‘‘(ii) taking administrative actions against and to jeopardy and State refund collection) is individuals who have filed or attempted to ‘‘(C) ‘5 years’ for ‘1 year’. amended— file false or fraudulent returns.’’. ‘‘(2) FAILURE DESCRIBED.—A failure de- (1) by striking ‘‘; or’’ at the end of para- (2) PROCEDURES AND RECORD KEEPING RE- scribed in this paragraph is— graph (1) and inserting a comma, LATED TO DISCLOSURE.—Subsection (p)(4) of ‘‘(A) a failure to make a return described (2) by adding ‘‘or’’ at the end of paragraph section 6103 is amended— in subsection (a) for any 3 taxable years oc- (2), and (A) by striking ‘‘(14), or (17)’’ in the matter curring during any period of 5 consecutive (3) by inserting after paragraph (2) the fol- before subparagraph (A) and inserting ‘‘(14), taxable years if the aggregate tax liability lowing new paragraph: (17), or (22)’’, and for such period is not less than $50,000, or ‘‘(3) the Secretary has served a disqualified (B) by striking ‘‘(9), or (16)’’ in subpara- ‘‘(B) a failure to make a return if the tax employment tax levy,’’. graph (F)(i) and inserting ‘‘(9), (16), or (22)’’. liability giving rise to the requirement to (b) DISQUALIFIED EMPLOYMENT TAX LEVY.— (3) EVALUATION BY TREASURY INSPECTOR make such return is attributable to an activ- Section 6330 (relating to notice and oppor- GENERAL FOR TAX ADMINISTRATION.—Para- ity which is a felony under any State or Fed- tunity for hearing before levy) is amended by graph (3) of section 7803(d) is amended by eral law.’’. adding at the end the following new sub- striking ‘‘and’’ at the end of subparagraph (2) PENALTY MAY BE APPLIED IN ADDITION TO section: (A), by striking the period at the end of sub- OTHER PENALTIES.—Section 7204 (relating to ‘‘(h) DISQUALIFIED EMPLOYMENT TAX paragraph (B) and inserting ‘‘; and’’, and by fraudulent statement or failure to make LEVY.—For purposes of subsection (f), a dis- adding at the end the following new subpara- statement to employees) is amended by qualified employment tax levy is any levy in graph: striking ‘‘the penalty provided in section connection with the collection of employ- ‘‘(C) not later than 3 years after the date of 6674’’ and inserting ‘‘the penalties provided ment taxes for any taxable period if the per- the enactment of section 6103(l)(22), submit a in sections 6674 and 7203(b)’’. son subject to the levy (or any predecessor written report to Congress on the implemen- (c) FRAUD AND FALSE STATEMENTS.—Sec- thereof) requested a hearing under this sec- tation of such section.’’. tion 7206 (relating to fraud and false state- tion with respect to unpaid employment (b) ANNUAL REPORTS.— ments) is amended— taxes arising in the most recent 2-year pe- (1) IN GENERAL.—The Secretary of the (1) by striking ‘‘$100,000’’ and inserting riod before the beginning of the taxable pe- Treasury shall submit to Congress and make ‘‘$500,000’’, riod with respect to which the levy is served. publicly available an annual report on the (2) by striking ‘‘$500,000’’ and inserting For purposes of the preceding sentence, the filing of false and fraudulent returns by indi- ‘‘$1,000,000’’, and term ‘employment taxes’ means any taxes viduals incarcerated in Federal and State (3) by striking ‘‘3 years’’ and inserting ‘‘5 under chapter 21, 22, 23, or 24.’’. prisons. years’’.

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(d) INCREASE IN MONETARY LIMITATION FOR (IV) in subsection (c), by striking ‘‘income of section 6694 are amended to read as fol- UNDERPAYMENT OR OVERPAYMENT OF TAX DUE tax return preparers’’ and inserting ‘‘tax re- lows: TO FRAUD.—Section 7206 (relating to fraud turn preparers’’. ‘‘(a) UNDERSTATEMENT DUE TO UNREASON- and false statements), as amended by sub- (ii) The item relating to section 6107 in the ABLE POSITIONS.— section (a)(3), is amended— table of sections for subchapter B of chapter ‘‘(1) IN GENERAL.—Any tax return preparer (1) by striking ‘‘Any person who—’’ and in- 61 is amended by striking ‘‘Income tax re- who prepares any return or claim for refund serting ‘‘(a) IN GENERAL.—Any person who— turn preparer’’ and inserting ‘‘Tax return with respect to which any part of an under- ’’, and preparer’’. statement of liability is due to a position de- (2) by adding at the end the following new (D) Section 6109(a)(4) is amended— scribed in paragraph (2) shall pay a penalty subsection: (i) by striking ‘‘an income tax return pre- with respect to each such return or claim in ‘‘(b) INCREASE IN MONETARY LIMITATION FOR parer’’ and inserting ‘‘a tax return preparer’’, an amount equal to the greater of— UNDERPAYMENT OR OVERPAYMENT OF TAX DUE and ‘‘(A) $1,000, or TO FRAUD.—If any portion of any under- (ii) by striking ‘‘INCOME RETURN PREPARER’’ ‘‘(B) 50 percent of the income derived (or to payment (as defined in section 6664(a)) or in the heading and inserting ‘‘TAX RETURN be derived) by the tax return preparer with overpayment (as defined in section 6401(a)) of PREPARER’’. respect to the return or claim. tax required to be shown on a return is at- (E) Section 6503(k)(4) is amended by strik- ‘‘(2) UNREASONABLE POSITION.—A position is tributable to fraudulent action described in ing ‘‘Income tax return preparers’’ and in- described in this paragraph if— subsection (a), the applicable dollar amount serting ‘‘Tax return preparers’’. ‘‘(A) the tax return preparer knew (or rea- under subsection (a) shall in no event be less (F)(i) Section 6694 is amended— sonably should have known) of the position, than an amount equal to such portion. A rule (I) by striking ‘‘INCOME TAX RETURN ‘‘(B) there was not a reasonable belief that similar to the rule under section 6663(b) shall PREPARER’’ in the heading and inserting the position would more likely than not be apply for purposes of determining the por- ‘‘TAX RETURN PREPARER’’, sustained on its merits, and tion so attributable.’’. (II) by striking ‘‘an income tax return pre- ‘‘(C)(i) the position was not disclosed as parer’’ each place it appears and inserting ‘‘a provided in section 6662(d)(2)(B)(ii), or (e) EFFECTIVE DATE.—The amendments tax return preparer’’, ‘‘(ii) there was no reasonable basis for the made by this section shall apply to actions, (III) in subsection (c)(2), by striking ‘‘the position. and failures to act, occurring after the date income tax return preparer’’ and inserting ‘‘(3) REASONABLE CAUSE EXCEPTION.—No of the enactment of this Act. ‘‘the tax return preparer’’, penalty shall be imposed under this sub- SEC. 311. UNDERSTATEMENT OF TAXPAYER LI- (IV) in subsection (e), by striking ‘‘subtitle section if it is shown that there is reasonable ABILITY BY RETURN PREPARERS. A’’ and inserting ‘‘this title’’, and cause for the understatement and the tax re- (a) APPLICATION OF RETURN PREPARER PEN- (V) in subsection (f), by striking ‘‘income turn preparer acted in good faith. ALTIES TO ALL TAX RETURNS.— tax return preparer’’ and inserting ‘‘tax re- ‘‘(b) UNDERSTATEMENT DUE TO WILLFUL OR (1) DEFINITION OF TAX RETURN PREPARER.— turn preparer’’. RECKLESS CONDUCT.— Paragraph (36) of section 7701(a) (relating to (ii) The item relating to section 6694 in the ‘‘(1) IN GENERAL.—Any tax return preparer income tax preparer) is amended— table of sections for part I of subchapter B of who prepares any return or claim for refund (A) by striking ‘‘income’’ each place it ap- chapter 68 is amended by striking ‘‘income with respect to which any part of an under- pears in the heading and the text, and tax return preparer’’ and inserting ‘‘tax re- statement of liability is due to a conduct de- (B) in subparagraph (A), by striking ‘‘sub- turn preparer’’. scribed in paragraph (2) shall pay a penalty title A’’ each place it appears and inserting (G)(i) Section 6695 is amended— with respect to each such return or claim in ‘‘this title’’. (I) by striking ‘‘INCOME’’ in the heading, an amount equal to the greater of— (2) CONFORMING AMENDMENTS.— and ‘‘(A) $5,000, or (A)(i) Section 6060 is amended by striking (II) by striking ‘‘an income tax return pre- ‘‘(B) 50 percent of the income derived (or to ‘‘INCOME TAX RETURN PREPARERS’’ in parer’’ each place it appears and inserting ‘‘a be derived) by the tax return preparer with the heading and inserting ‘‘TAX RETURN tax return preparer’’. respect to the return or claim. PREPARERS’’. (ii) Section 6695(f) is amended— ‘‘(2) WILLFUL OR RECKLESS CONDUCT.—Con- (ii) Section 6060(a) is amended— (I) by striking ‘‘subtitle A’’ and inserting duct described in this paragraph is conduct (I) by striking ‘‘an income tax return pre- ‘‘this title’’, and by the tax return preparer which is— parer’’ each place it appears and inserting ‘‘a (II) by striking ‘‘the income tax return pre- ‘‘(A) a willful attempt in any manner to tax return preparer’’, parer’’ and inserting ‘‘the tax return pre- understate the liability for tax on the return (II) by striking ‘‘each income tax return parer’’. or claim, or preparer’’ and inserting ‘‘each tax return (iii) The item relating to section 6695 in ‘‘(B) a reckless or intentional disregard of preparer’’, and the table of sections for part I of subchapter rules or regulations. (III) by striking ‘‘another income tax re- B of chapter 68 is amended by striking ‘‘in- ‘‘(3) REDUCTION IN PENALTY.—The amount turn preparer’’ and inserting ‘‘another tax come’’. of any penalty payable by any person by rea- return preparer’’. (H) Section 6696(e) is amended by striking son of this subsection for any return or (iii) The item relating to section 6060 in ‘‘subtitle A’’ each place it appears and in- claim for refund shall be reduced by the the table of sections for subpart F of part III serting ‘‘this title’’. amount of the penalty paid by such person of subchapter A of chapter 61 is amended by (I)(i) Section 7407 is amended— by reason of subsection (a).’’. striking ‘‘income tax return preparers’’ and (I) by striking ‘‘INCOME TAX RETURN (c) EFFECTIVE DATE.—The amendments inserting ‘‘tax return preparers’’. PREPARERS’’ in the heading and inserting made by this section shall apply to returns (iv) Subpart F of part III of subchapter A ‘‘TAX RETURN PREPARERS’’, prepared after the date of the enactment of of chapter 61 is amended by striking ‘‘Income (II) by striking ‘‘an income tax return pre- this Act. Tax Return Preparers’’ in the heading and parer’’ each place it appears and inserting ‘‘a SEC. 312. PENALTIES FOR FAILURE TO FILE CER- inserting ‘‘Tax Return Preparers’’. tax return preparer’’, TAIN RETURNS ELECTRONICALLY. (v) The item relating to subpart F in the (III) by striking ‘‘income tax preparer’’ (a) IN GENERAL.—Part I of subchapter A of table of subparts for part III of subchapter A both places it appears in subsection (a) and chapter 68 (relating to additions to the tax, of chapter 61 is amended by striking ‘‘income inserting ‘‘tax return preparer’’, and additional amounts, and assessable pen- tax return preparers’’ and inserting ‘‘tax re- (IV) by striking ‘‘income tax return’’ in alties) is amended by inserting after section turn preparers’’. subsection (a) and inserting ‘‘tax return’’. 6652 the following new section: (B) Section 6103(k)(5) is amended— (ii) The item relating to section 7407 in the ‘‘SEC. 6652A. FAILURE TO FILE CERTAIN RE- (i) by striking ‘‘income tax return pre- table of sections for subchapter A of chapter TURNS ELECTRONICALLY. parer’’ each place it appears and inserting 76 is amended by striking ‘‘income tax re- ‘‘(a) IN GENERAL.—If a person fails to file a ‘‘tax return preparer’’, and turn preparers’’ and inserting ‘‘tax return return described in section 6651 or 6652(c)(1) (ii) by striking ‘‘income tax return pre- preparers’’. in electronic form as required under section parers’’ each place it appears and inserting (J)(i) Section 7427 is amended— 6011(e)— ‘‘tax return preparers’’. (I) by striking ‘‘INCOME TAX RETURN ‘‘(1) such failure shall be treated as a fail- (C)(i) Section 6107 is amended— PREPARERS’’ in the heading and inserting ure to file such return (even if filed in a form (I) by striking ‘‘INCOME TAX RETURN ‘‘TAX RETURN PREPARERS’’, and other than electronic form), and PREPARER’’ in the heading and inserting (II) by striking ‘‘an income tax return pre- ‘‘(2) the penalty imposed under section 6651 ‘‘TAX RETURN PREPARER’’, parer’’ and inserting ‘‘a tax return preparer’’. or 6652(c), whichever is appropriate, shall be (II) by striking ‘‘an income tax return pre- (ii) The item relating to section 7427 in the equal to the greater of— parer’’ each place it appears in subsections table of sections for subchapter B of chapter ‘‘(A) the amount of the penalty under such (a) and (b) and inserting ‘‘a tax return pre- 76 is amended to read as follows: section, determined without regard to this parer’’, ‘‘Sec. 7427. Tax return preparers.’’. section, or (III) by striking ‘‘INCOME TAX RETURN PRE- (b) MODIFICATION OF PENALTY FOR UNDER- ‘‘(B) the amount determined under sub- PARER’’ in the heading for subsection (b) and STATEMENT OF TAXPAYER’S LIABILITY BY TAX section (b). inserting ‘‘TAX RETURN PREPARER’’, and RETURN PREPARER.—Subsections (a) and (b) ‘‘(b) AMOUNT OF PENALTY.—

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‘‘(1) IN GENERAL.—Except as provided in ‘‘SEC. 6676. ERRONEOUS CLAIM FOR REFUND OR ‘‘(II) the reasonably expected pre-tax profit paragraphs (2) and (3), the penalty deter- CREDIT. from the transaction exceeds a risk-free rate mined under this subsection is equal to $40 ‘‘(a) CIVIL PENALTY.—If a claim for refund of return. for each day during which a failure described or credit with respect to income tax (other ‘‘(C) TREATMENT OF FEES AND FOREIGN under subsection (a) continues. The max- than a claim for a refund or credit relating TAXES.—Fees and other transaction expenses imum penalty under this paragraph on fail- to the earned income credit under section 32) and foreign taxes shall be taken into account ures with respect to any 1 return shall not is made for an excessive amount, unless it is as expenses in determining pre-tax profit exceed the lesser of $20,000 or 10 percent of shown that the claim for such excessive under subparagraph (B)(ii). the gross receipts of the taxpayer for the amount has a reasonable basis, the person ‘‘(2) SPECIAL RULES FOR TRANSACTIONS WITH year. making such claim shall be liable for a pen- TAX-INDIFFERENT PARTIES.— ‘‘(2) INCREASED PENALTIES FOR TAXPAYERS alty in an amount equal to 20 percent of the ‘‘(A) SPECIAL RULES FOR FINANCING TRANS- WITH GROSS RECEIPTS BETWEEN $1,000,000 AND excessive amount. ACTIONS.—The form of a transaction which is $100,000,000.— ‘‘(b) EXCESSIVE AMOUNT.—For purposes of in substance the borrowing of money or the ‘‘(A) TAXPAYERS WITH GROSS RECEIPTS BE- this section, the term ‘excessive amount’ acquisition of financial capital directly or TWEEN $1,000,000 AND $25,000,000.—In the case of a means in the case of any person the amount indirectly from a tax-indifferent party shall taxpayer having gross receipts exceeding by which the amount of the claim for refund not be respected if the present value of the $1,000,000 but not exceeding $25,000,000 for any or credit for any taxable year exceeds the deductions to be claimed with respect to the year— amount of such claim allowable under this transaction is substantially in excess of the ‘‘(i) the first sentence of paragraph (1) shall title for such taxable year. present value of the anticipated economic re- be applied by substituting ‘$200’ for ‘$40’, and ‘‘(c) COORDINATION WITH OTHER PEN- turns of the person lending the money or ‘‘(ii) in lieu of applying the second sen- ALTIES.—This section shall not apply to any providing the financial capital. A public of- tence of paragraph (1), the maximum penalty portion of the excessive amount of a claim fering shall be treated as a borrowing, or an under paragraph (1) shall not exceed $100,000. for refund or credit on which a penalty is im- acquisition of financial capital, from a tax- ‘‘(B) TAXPAYERS WITH GROSS RECEIPTS OVER posed under part II of subchapter A of chap- indifferent party if it is reasonably expected $25,000,000.—Except as provided in paragraph ter 68.’’. that at least 50 percent of the offering will be (3), in the case of a taxpayer having gross re- (b) CONFORMING AMENDMENT.—The table of placed with tax-indifferent parties. ceipts exceeding $25,000,000 for any year— sections for part I of subchapter B of chapter ‘‘(B) ARTIFICIAL INCOME SHIFTING AND BASIS ‘‘(i) the first sentence of paragraph (1) shall 68 is amended by inserting after the item re- ADJUSTMENTS.—The form of a transaction be applied by substituting ‘$500’ for ‘$40’, and lating to section 6675 the following new item: with a tax-indifferent party shall not be re- ‘‘(ii) in lieu of applying the second sen- ‘‘Sec. 6676. Erroneous claim for refund or spected if— tence of paragraph (1), the maximum penalty credit.’’. ‘‘(i) it results in an allocation of income or under paragraph (1) shall not exceed $250,000. (c) EFFECTIVE DATE.—The amendments gain to the tax-indifferent party in excess of ‘‘(3) INCREASED PENALTIES FOR CERTAIN TAX- made by this section shall apply to any such party’s economic income or gain, or PAYERS WITH GROSS RECEIPTS EXCEEDING claim— ‘‘(ii) it results in a basis adjustment or $100,000,000.—In the case of a return described (1) filed or submitted after the date of the shifting of basis on account of overstating in section 6651— enactment of this Act, or the income or gain of the tax-indifferent ‘‘(A) TAXPAYERS WITH GROSS RECEIPTS BE- (2) filed or submitted prior to such date but party. TWEEN $100,000,000 AND $250,000,000.—In the case not withdrawn before the date which is 30 ‘‘(3) DEFINITIONS AND SPECIAL RULES.—For of a taxpayer having gross receipts exceeding days after such date of enactment. purposes of this subsection— $100,000,000 but not exceeding $250,000,000 for ‘‘(A) ECONOMIC SUBSTANCE DOCTRINE.—The Subtitle B—Requiring Economic Substance any year— term ‘economic substance doctrine’ means ‘‘(i) the amount of the penalty determined SEC. 321. CLARIFICATION OF ECONOMIC SUB- the common law doctrine under which tax under this subsection shall equal the sum STANCE DOCTRINE. benefits under subtitle A with respect to a of— (a) IN GENERAL.—Section 7701 is amended transaction are not allowable if the trans- ‘‘(I) $50,000, plus by redesignating subsection (p) as subsection action does not have economic substance or ‘‘(II) $1,000 for each day during which such (q) and by inserting after subsection (o) the lacks a business purpose. failure continues (twice such amount for following new subsection: ‘‘(B) TAX-INDIFFERENT PARTY.—The term each day such failure continues after the ‘‘(p) CLARIFICATION OF ECONOMIC SUBSTANCE ‘tax-indifferent party’ means any person or first such 60 days), and DOCTRINE; ETC.— entity not subject to tax imposed by subtitle ‘‘(ii) the maximum amount under clause ‘‘(1) GENERAL RULES.— A. A person shall be treated as a tax-indif- (i)(II) on failures with respect to any 1 return ‘‘(A) IN GENERAL.—In any case in which a ferent party with respect to a transaction if shall not exceed $200,000. court determines that the economic sub- the items taken into account with respect to ‘‘(B) TAXPAYERS WITH GROSS RECEIPTS OVER stance doctrine is relevant for purposes of the transaction have no substantial impact $250,000,000.—In the case of a taxpayer having this title to a transaction (or series of trans- on such person’s liability under subtitle A. gross receipts exceeding $250,000,000 for any actions), such transaction (or series of trans- ‘‘(C) EXCEPTION FOR PERSONAL TRANS- year— actions) shall have economic substance only ACTIONS OF INDIVIDUALS.—In the case of an ‘‘(i) the amount of the penalty determined if the requirements of this paragraph are individual, this subsection shall apply only under this subsection shall equal the sum met. to transactions entered into in connection of— ‘‘(B) DEFINITION OF ECONOMIC SUBSTANCE.— with a trade or business or an activity en- ‘‘(I) $250,000, plus For purposes of subparagraph (A)— gaged in for the production of income. ‘‘(II) $2,500 for each day during which such ‘‘(i) IN GENERAL.—A transaction has eco- ‘‘(D) TREATMENT OF LESSORS.—In applying failure continues (twice such amount for nomic substance only if— paragraph (1)(B)(ii) to the lessor of tangible each day such failure continues after the ‘‘(I) the transaction changes in a meaning- property subject to a lease— first such 60 days), and ful way (apart from Federal tax effects) the ‘‘(i) the expected net tax benefits with re- ‘‘(ii) the maximum amount under clause taxpayer’s economic position, and spect to the leased property shall not include (i)(II) on failures with respect to any 1 return ‘‘(II) the taxpayer has a substantial nontax the benefits of— shall not exceed $250,000. purpose for entering into such transaction ‘‘(I) depreciation, ‘‘(C) EXCEPTION FOR CERTAIN RETURNS.— and the transaction is a reasonable means of ‘‘(II) any tax credit, or Subparagraphs (A) and (B) shall not apply to accomplishing such purpose. ‘‘(III) any other deduction as provided in any return of tax imposed under section In applying subclause (II), a purpose of guidance by the Secretary, and 511.’’. achieving a financial accounting benefit ‘‘(ii) subclause (II) of paragraph (1)(B)(ii) (b) CLERICAL AMENDMENT.—The table of shall not be taken into account in deter- shall be disregarded in determining whether sections for part I of subchapter A of chapter mining whether a transaction has a substan- any of such benefits are allowable. 68 is amended by inserting after the item re- tial nontax purpose if the origin of such fi- ‘‘(4) OTHER COMMON LAW DOCTRINES NOT AF- lating to section 6652 the following new item: nancial accounting benefit is a reduction of FECTED.—Except as specifically provided in ‘‘Sec. 6652A. Failure to file certain returns income tax. this subsection, the provisions of this sub- electronically.’’. ‘‘(ii) SPECIAL RULE WHERE TAXPAYER RELIES section shall not be construed as altering or (c) EFFECTIVE DATE.—The amendments ON PROFIT POTENTIAL.—A transaction shall supplanting any other rule of law, and the made by this section shall apply to returns not be treated as having economic substance requirements of this subsection shall be con- required to be filed on or after January 1, by reason of having a potential for profit un- strued as being in addition to any such other 2008. less— rule of law. SEC. 313. PENALTY FOR FILING ERRONEOUS RE- ‘‘(I) the present value of the reasonably ex- ‘‘(5) REGULATIONS.—The Secretary shall FUND CLAIMS. pected pre-tax profit from the transaction is prescribe such regulations as may be nec- (a) IN GENERAL.—Part I of subchapter B of substantial in relation to the present value essary or appropriate to carry out the pur- chapter 68 (relating to assessable penalties) of the expected net tax benefits that would poses of this subsection. Such regulations is amended by inserting after section 6675 be allowed if the transaction were respected, may include exemptions from the applica- the following new section: and tion of this subsection.’’.

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(b) EFFECTIVE DATE.—The amendments (A) in paragraph (1), by inserting ‘‘and non- (B) by striking ‘‘If’’ and inserting: made by this section shall apply to trans- economic substance transaction understate- ‘‘(1) TREBLE DAMAGES.—If’’, and actions entered into after the date of the en- ments’’ after ‘‘reportable transaction under- (C) by adding at the end the following new actment of this Act. statements’’ both places it appears, paragraph: SEC. 322. PENALTY FOR UNDERSTATEMENTS AT- (B) in paragraph (2)(A), by inserting ‘‘and a ‘‘(2) PUNITIVE DAMAGES.—No deduction TRIBUTABLE TO TRANSACTIONS noneconomic substance transaction under- shall be allowed under this chapter for any LACKING ECONOMIC SUBSTANCE, statement’’ after ‘‘reportable transaction un- amount paid or incurred for punitive dam- ETC. derstatement’’, ages in connection with any judgment in, or (a) IN GENERAL.—Subchapter A of chapter (C) in paragraph (2)(B), by inserting ‘‘6662B settlement of, any action. This paragraph 68 is amended by inserting after section or’’ before ‘‘6663’’, shall not apply to punitive damages de- 6662A the following new section: (D) in paragraph (2)(C)(i), by inserting ‘‘or scribed in section 104(c).’’. ‘‘SEC. 6662B. PENALTY FOR UNDERSTATEMENTS section 6662B’’ before the period at the end, (2) CONFORMING AMENDMENT.—The heading ATTRIBUTABLE TO TRANSACTIONS (E) in paragraph (2)(C)(ii), by inserting for section 162(g) is amended by inserting LACKING ECONOMIC SUBSTANCE, ‘‘and section 6662B’’ after ‘‘This section’’, ‘‘OR PUNITIVE DAMAGES’’ after ‘‘LAWS’’. ETC. (F) in paragraph (3), by inserting ‘‘or non- (b) INCLUSION IN INCOME OF PUNITIVE DAM- ‘‘(a) IMPOSITION OF PENALTY.—If a taxpayer economic substance transaction understate- AGES PAID BY INSURER OR OTHERWISE.— has a noneconomic substance transaction ment’’ after ‘‘reportable transaction under- (1) IN GENERAL.—Part II of subchapter B of understatement for any taxable year, there statement’’, and chapter 1 (relating to items specifically in- shall be added to the tax an amount equal to (G) by adding at the end the following new cluded in gross income) is amended by add- 40 percent of the amount of such understate- paragraph: ing at the end the following new section: ment. ‘‘(4) NONECONOMIC SUBSTANCE TRANSACTION ‘‘(b) REDUCTION OF PENALTY FOR DISCLOSED ‘‘SEC. 91. PUNITIVE DAMAGES COMPENSATED BY UNDERSTATEMENT.—For purposes of this sub- INSURANCE OR OTHERWISE. TRANSACTIONS.—Subsection (a) shall be ap- section, the term ‘noneconomic substance plied by substituting ‘20 percent’ for ‘40 per- ‘‘Gross income shall include any amount transaction understatement’ has the mean- paid to or on behalf of a taxpayer as insur- cent’ with respect to the portion of any non- ing given such term by section 6662B(c).’’. economic substance transaction understate- ance or otherwise by reason of the taxpayer’s (3) Subsection (e) of section 6707A is liability (or agreement) to pay punitive dam- ment with respect to which the relevant amended— facts affecting the tax treatment of the item ages.’’. (A) by striking ‘‘or’’ at the end of subpara- (2) REPORTING REQUIREMENTS.—Section 6041 are adequately disclosed in the return or a graph (B), and statement attached to the return. (relating to information at source) is amend- (B) by striking subparagraph (C) and in- ed by adding at the end the following new ‘‘(c) NONECONOMIC SUBSTANCE TRANSACTION serting the following new subparagraphs: UNDERSTATEMENT.—For purposes of this sec- subsection: ‘‘(C) is required to pay a penalty under sec- ‘‘(h) SECTION TO APPLY TO PUNITIVE DAM- tion— tion 6662B with respect to any noneconomic ‘‘(1) IN GENERAL.—The term ‘noneconomic AGES COMPENSATION.—This section shall substance transaction, or apply to payments by a person to or on be- substance transaction understatement’ ‘‘(D) is required to pay a penalty under sec- means any amount which would be an under- half of another person as insurance or other- tion 6662(h) with respect to any transaction wise by reason of the other person’s liability statement under section 6662A(b)(1) if section and would (but for section 6662A(e)(2)(C)) 6662A were applied by taking into account (or agreement) to pay punitive damages.’’. have been subject to penalty under section (3) CONFORMING AMENDMENT.—The table of items attributable to noneconomic sub- 6662A at a rate prescribed under section stance transactions rather than items to sections for part II of subchapter B of chap- 6662A(c) or under section 6662B,’’. ter 1 is amended by adding at the end the fol- which section 6662A would apply without re- (c) CLERICAL AMENDMENT.—The table of lowing new item: gard to this paragraph. sections for part II of subchapter A of chap- ‘‘(2) NONECONOMIC SUBSTANCE TRANS- ter 68 is amended by inserting after the item ‘‘Sec. 91. Punitive damages compensated by ACTION.—The term ‘noneconomic substance relating to section 6662A the following new insurance or otherwise’’. transaction’ means any transaction if— item: (c) EFFECTIVE DATE.—The amendments ‘‘(A) there is a lack of economic substance ‘‘Sec. 6662B. Penalty for understatements made by this section shall apply to damages (within the meaning of section 7701(p)(1)) for attributable to transactions paid or incurred on or after the date of the the transaction giving rise to the claimed lacking economic substance, enactment of this Act. benefit or the transaction was not respected etc.’’. TITLE IV—TECHNICAL AND CONFORMING under section 7701(p)(2), or (d) EFFECTIVE DATE.—The amendments AMENDMENTS; SUNSET ‘‘(B) the transaction fails to meet the re- made by this section shall apply to trans- quirements of any similar rule of law. SEC. 401. TECHNICAL AND CONFORMING AMEND- actions entered into after the date of the en- ‘‘(d) RULES APPLICABLE TO COMPROMISE OF MENTS. actment of this Act. PENALTY.— The Secretary of the Treasury or the Sec- SEC. 323. DENIAL OF DEDUCTION FOR INTEREST ‘‘(1) IN GENERAL.—If the first letter of pro- retary’s delegate shall not later than 90 days ON UNDERPAYMENTS ATTRIB- posed deficiency which allows the taxpayer after the date of the enactment of this Act, UTABLE TO NONECONOMIC SUB- submit to the Committee on Ways and an opportunity for administrative review in STANCE TRANSACTIONS. Means of the House of Representatives and the Internal Revenue Service Office of Ap- (a) IN GENERAL.—Section 163(m) (relating the Committee on Finance of the Senate a peals has been sent with respect to a penalty to interest on unpaid taxes attributable to to which this section applies, only the Com- nondisclosed reportable transactions) is draft of any technical and conforming missioner of Internal Revenue may com- amended— changes in the Internal Revenue Code of 1986 promise all or any portion of such penalty. (1) by striking ‘‘attributable’’ and all that which are necessary to reflect throughout ‘‘(2) APPLICABLE RULES.—The rules of para- follows and inserting the following: ‘‘attrib- such Code the purposes of the provisions of, graphs (2) and (3) of section 6707A(d) shall utable to— and amendments made by, this Act. apply for purposes of paragraph (1). ‘‘(1) the portion of any reportable trans- SEC. 402. SUNSET. ‘‘(e) COORDINATION WITH OTHER PEN- action understatement (as defined in section (a) IN GENERAL.—All provisions of, and ALTIES.—Except as otherwise provided in this 6662A(b)) with respect to which the require- amendments made by, this Act shall not part, the penalty imposed by this section ment of section 6664(d)(2)(A) is not met, or apply to taxable years beginning after De- shall be in addition to any other penalty im- ‘‘(2) any noneconomic substance trans- cember 31, 2012. posed by this title. action understatement (as defined in section (b) APPLICATION OF CODE.—The Internal ‘‘(f) CROSS REFERENCES.— 6662B(c)).’’, and Revenue Code of 1986 shall be applied and ad- ‘‘(1) For coordination of penalty with un- (2) by inserting ‘‘AND NONECONOMIC SUB- ministered to taxable years described in sub- derstatements under section STANCE TRANSACTIONS’’ after ‘‘TRANS- section (a) as if the provisions of, and amend- 6662 and other special rules, see ACTIONS’’. ments made by, this Act had never been en- section 6662A(e). (b) EFFECTIVE DATE.—The amendments acted. ‘‘(2) For reporting of penalty imposed made by this section shall apply to trans- under this section to the Secu- actions after the date of the enactment of By Mrs. FEINSTEIN (for herself rities and Exchange Commis- this Act in taxable years ending after such and Mrs. BOXER): sion, see section 6707A(e).’’. date. S. 1112. A bill to allow for the renego- (b) COORDINATION WITH OTHER UNDERSTATE- Subtitle C—Miscellaneous tiation of the payment schedule of con- MENTS AND PENALTIES.— SEC. 331. DENIAL OF DEDUCTION FOR PUNITIVE tracts between the Secretary of the In- (1) The second sentence of section DAMAGES. terior and the Redwood Valley County 6662(d)(2)(A) is amended by inserting ‘‘and (a) DISALLOWANCE OF DEDUCTION.— Water District, and for other purposes; without regard to items with respect to (1) IN GENERAL.—Section 162(g) (relating to which a penalty is imposed by section 6662B’’ treble damage payments under the antitrust to the Committee on Energy and Nat- before the period at the end. laws) is amended— ural Resources. (2) Subsection (e) of section 6662A is (A) by redesignating paragraphs (1) and (2) Mrs. FEINSTEIN. Mr. President, I amended— as subparagraphs (A) and (B), respectively, rise today to introduce the Redwood

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2007 CONGRESSIONAL RECORD — SENATE S4491 Valley County Water District Loan Re- ations are required to trigger the Dis- strike us again. This cannot be said too negotiation Act of 2007. I am pleased trict’s obligations to repay the loans many times in too many ways. that Senator BOXER is a cosponsor of and the Secretary of Interior ‘‘shall re- We also agree, though, that these in- this bill. schedule the payments due’’ once the telligence tools can and should be used This bill seeks to remove roadblocks District has satisfied its additional fi- in a way that protects the constitu- to the implementation of 1988 legisla- nancial obligations. tional and privacy rights of all Ameri- tion that requires the Secretary of the The proposed water projects will en- cans. That is the balance that this leg- Interior to renegotiate debts owed by able the District to generate adequate islation attempts to strike. the Redwood Valley County Water Dis- revenues to allow the District to repay Nowhere is this more at issue than in trict to the United States. Enactment both its new private loans and its origi- electronic surveillance, where govern- of this bill is necessary so that Red- nal loans from the United States. By ment officials record the content of wood Valley can obtain a reliable providing a workable and reasonable Americans’ phone and electronic com- water supply. solution to a longstanding problem, munications. This important means of In 1983, the Redwood Valley County this legislation creates a win-win solu- obtaining critical counterterrorism in- Water District completed a project tion for taxpayers of the United States formation is at the same time a signifi- which supplied water to a rural agri- and the rate payers of the Redwood cant, constitutionally recognized in- cultural community near Ukiah, CA. Valley County Water District. trusion into Americans’ privacy rights. Two Bureau of Reclamation loans to- I urge my colleagues to support this It is worth reminding ourselves of taling $7.3 million contributed to the bill and ask unanimous consent that this. We have recently focused on the financing of this project. the text of the bill be printed in the use of National Security Letters, Unfortunately, the District was un- RECORD. through which the FBI inappropriately able to repay these loans. This oc- There being no objection, the text of obtained telephone records of at least curred for several reasons: The pro- the bill was ordered to be printed in hundreds of Americans. Electronic sur- jected water use in the original feasi- the RECORD, as follows: veillance goes far beyond records and bility study, developed by the District S. 1112 collects the actual content—the words and reviewed by the Bureau, was seri- Be it enacted by the Senate and House of Rep- spoken over the phone or typed in ously flawed; the District’s ability to resentatives of the United States of America in email. raise necessary revenues was com- Congress assembled, It is also worth reminding ourselves promised by a judicially imposed mora- SECTION 1. RENEGOTIATION OF PAYMENT of why this legislation is necessary, as torium on new hook-ups; and concerns SCHEDULE. it has been several months before this for endangered species reduced the Dis- Section 15 of Public Law 100–516 (102 Stat. was the top legislative issue before the trict’s potential water supply allot- 2573) is amended as follows: Senate. ment by 33 percent. (1) By amending paragraph (2) of sub- For more than five years since Sep- As a result, in 1988 Congress passed section (a) to read as follows: tember 11, 2001, the National Security ‘‘(2) If, as of January 1, 2006, the Secretary Section 15 of Public Law 100–516 which of the Interior and the Redwood Valley Agency collected the content of calls indefinitely suspended the District’s County Water District have not renegotiated from or to United States persons—citi- obligations to repay these Bureau the schedule of payment, the District may zens and permanent residents—without loans and ordered the Secretary of In- enter into such additional non-Federal obli- a court order as is required by the For- terior to renegotiate the loans. This gations as are necessary to finance procure- eign Intelligence Surveillance Act of loan renegotiation has yet to take ment of dedicated water rights and improve- 1978 (FISA). place and now the District finds that ments necessary to store and convey those This surveillance was done without its water supply is highly uncertain. rights to provide for the District’s water notifying and seeking authorization needs. The Secretary shall reschedule the In 2000 in a report on Redwood Val- payments due under loans numbered 14–06– from the congressional intelligence ley, the Bureau of Reclamation recog- 200–8423A and 14–06–200–8423A Amendatory committees. The President and Vice nized these changed conditions, and and said payments shall commence when President have very closely restricted concluded that the District needs a re- such additional obligations have been finan- disclosure of information about what liable water supply before it can solve cially satisfied by the District. The date of they call the ‘‘Terrorist Surveillance its current financial dilemma. the initial payment owed by the District to Program.’’ The District recently identified two the United States shall be regarded as the Until this surveillance came to light potential new projects, either of which start of the District’s repayment period and through an article in The New York could prove a reliable water source. No the time upon which any interest shall first Times in December 2005, only eight be computed and assessed under section 5 of government funds will be sought for the Small Reclamation Projects Act of 1956 members of Congress were briefed on these projects. The District intends to (43 U.S.C. 422a et seq.).’’. it. Even after the article came out, the rely on private financing, a strategy (2) By striking subsection (c). White House refused to brief the mem- that the Bureau of Reclamation is en- bers of the House and Senate Intel- couraging. However, before the District By Mrs. FEINSTEIN (for herself ligence Committees for several can secure private financing for new and Mr. SPECTER): months. projects, it must renegotiate the exist- S. 1114. A bill to reiterate the exclu- Even now, the Intelligence Com- ing loans to provide for their repay- sivity of the Foreign Intelligence Sur- mittee does not have all the informa- ment subsequent to the repayment of veillance Act of 1978 as the sole author- tion it needs to carry out its Constitu- the new loans. ity to permit the conduct of electronic tional oversight duties. The existing loans are an impediment surveillance, to modernize surveillance Throughout 2006, the Judiciary Com- to the District’s attempts to upgrade authorities, and for other purposes; to mittee debated various bills to author- elements of its existing plant. As an the Committee on the Judiciary. ize or prohibit electronic surveillance example, the District unsuccessfully Mrs. FEINSTEIN. Mr. President, I outside of FISA. The bill that Senator sought private financing to build a 100 rise today to re-introduce legislation SPECTER and I authored last year, kW solar panel project. This project from the last Congress that would which is being re-introduced today, was would have enabled the District to cut bring all electronic surveillance of ter- reported out of Judiciary on a bipar- its energy costs and to qualify for en- rorists under the color of law and tisan vote on September 13, 2006. The ergy rebates. would modernize the rules for con- Senate, however, took no legislative Significantly, this legislation re- ducting such surveillance. I am pleased action prior to adjournment. quires the District to repay to the that Senator SPECTER, the Ranking Then, on January 17, 2007, Attorney United States the currently suspended Member of the Judiciary Committee, General Alberto Gonzales notified the loans once the District’s new loans has co-sponsored this legislation. chairman and ranking member of the have been paid. We all agree that the President and Senate Judiciary Committee that the The only difference between this bill the Intelligence Community should FISA Court had authorized the Ter- and S. 3189, which I introduced last have all the tools they need to find the rorist Surveillance Program. Since year, is to clarify that no renegoti- terrorists before they have a chance to January, the program has proceeded

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4492 CONGRESSIONAL RECORD — SENATE April 16, 2007 under Court supervision, as is required supervisory officials at the NSA and SECTION 1. SHORT TITLE; TABLE OF CONTENTS. by FISA. FBI. (a) SHORT TITLE.—This Act may be cited as I was pleased that the Administra- Authorizes additional personnel to the ‘‘Foreign Intelligence Surveillance Im- tion submitted the TSP to the FISA expedite the writing, submission, and provement and Enhancement Act of 2007’’. Court, and that the Court had found a review of FISA applications. Specifi- (b) TABLE OF CONTENTS.—The table of con- way to issue an order approving this cally, additional FISA Court judges tents for this Act is as follows: surveillance. I was pleased, but not sur- and staff are authorized, as are addi- Sec. 1. Short title; table of contents. prised. tional positions at the Department of Sec. 2. Definitions. I had maintained throughout the leg- Justice, FBI, and NSA. TITLE I—CONSTRUCTION OF FOREIGN IN- islative debate last year that it would Extends the existing FISA author- ity—for 15 days of warrantless surveil- TELLIGENCE SURVEILLANCE AUTHOR- not take many changes for the TSP to ITY fit under the confines of FISA. All it lance following a declaration of war— to any 30-day period following an au- Sec. 101. Reiteration of chapters 119, 121, and took was the willingness of the Admin- 206 of title 18, United States istration to follow legal process. thorization for the use of military force or a national emergency fol- Code, and Foreign Intelligence Members may ask, given the recent Surveillance Act of 1978 as ex- developments, why legislation is now lowing a terrorist attack. clusive means by which domes- necessary. There are two reasons. Allows the National Security Agency tic electronic surveillance may The first is that the Senate should to take full advantage of its capabili- be conducted. enact this bill is because this Adminis- ties to collect intelligence on foreign Sec. 102. Specific authorization required for tration has never conceded the point communications. any repeal or modification of While foreign-to-foreign communica- that it cannot conduct electronic sur- title I of the Foreign Intel- tions are not covered now by FISA’s re- veillance outside of the law. It has put ligence Surveillance Act of 1978. quirements, the NSA can only conduct Sec. 103. Information for Congress on the the TSP under FISA Court review, but surveillance on these calls if it can be it asserts that it has the right not to terrorist surveillance program sure, in advance, that a telephone call and similar programs. do so. Future Administrations, if not of email won’t transit the United Sec. 104. Supreme Court review of the Ter- enjoined, may take the same view. States or unexpectedly end here. In the rorist Surveillance Program. I disagree with this legal analysis. age of cell phones and the global tele- Secondly, the Director of the Na- TITLE II—APPLICATIONS AND PROCE- communications system, this a priori DURES FOR ELECTRONIC SURVEIL- tional Security Agency, the Director of certification is very difficult to make. the FBI, and the Attorney General LANCE FOR FOREIGN INTELLIGENCE This legislation therefore specifies that PURPOSES have said on many occasions that FISA in such inadvertent collection cases, Sec. 201. Extension of period for applications is outdated and in need of moderniza- the NSA must minimize the data, but tion. The current FISA process is too for orders for emergency elec- that it has not violated the law. tronic surveillance. bureaucratic, too slow to initiate elec- Finally, the legislation clarifies that tronic surveillance from the time a Sec. 202. Additional authority for emergency FISA court orders for electronic sur- electronic surveillance. suspected terrorist’s phone or email ac- veillance must be individualized to a Sec. 203. Foreign Intelligence Surveillance count is identified. particular target that the government Court matters. This bill addresses those concerns by has probable cause to believe is a for- Sec. 204. Document management system for providing new flexibility and addi- eign power or an agent of a foreign applications for orders approv- tional resources to speed the FISA power. ing electronic surveillance. process and allow for the more timely From the briefings I have received as Sec. 205. Additional personnel for prepara- collection of valuable intelligence. a member of the Intelligence Com- tion and consideration of appli- Allow me to summarize the legisla- mittee and the hearings held in Judici- cations for orders approving tion. The bill: re-iterates that FISA is ary, I am convinced that the Terrorist electronic surveillance. the exclusive means for conducting Surveillance Program is an important Sec. 206. Training of Federal Bureau of In- electronic surveillance for intelligence anti-terrorism tool that should be con- vestigation and National Secu- purposes. tinued. rity Agency personnel in for- Specifies that FISA’s requirements It is also clear from the January eign intelligence surveillance cannot be written off through con- FISA Court ruling that the Terrorist matters. torted interpretations of other stat- Surveillance Program can be con- Sec. 207. Enhancement of electronic surveil- utes. The Administration’s tortured ar- ducted within the confines of FISA. It lance authority in wartime. gument with respect to the Authoriza- is appropriate now for Congress to re- TITLE III—CLARIFICATIONS TO THE FOR- tion for the 2001 Use of Military Force iterate that this is the appropriate ar- EIGN INTELLIGENCE SURVEILLANCE (AUMF) notwithstanding, this legisla- rangement. ACT OF 1978 tion would specify that FISA’s lan- This is by no means an issue that has Sec. 301. Acquisition of foreign-foreign com- guage can only be undone by a specific been overtaken by events. The Admin- munications. and direct Act of Congress. istration continues to support a view of Sec. 302. Individualized FISA orders. plenary authority in which it can con- Requires that Congress, through the TITLE IV—OTHER MATTERS Intelligence Committees, be fully duct electronic surveillance in viola- tion of FISA. The NSA and the FBI Sec. 401. Authorization of appropriations. briefed on the Terrorist Surveillance continue to labor under a process that Sec. 402. Effective date. Program and any related surveillance was formed 29 years ago, prior to fun- programs. SEC. 2. DEFINITIONS. damental changes in the telecommuni- Requires the Supreme Court to re- In this Act: cations system. view, on an expedited basis, the con- (1) CONGRESSIONAL INTELLIGENCE COMMIT- I urge the Senate to act to ensure TEES.—The term ‘‘congressional intelligence stitutionality of the Terrorist Surveil- that the law is followed and privacy lance Program. committees’’ means— rights upheld, and to provide the Intel- (A) the Select Committee on Intelligence Streamlines the current ‘‘emergency ligence Community the tools it needs of the Senate; and procedures’’ in FISA. Currently, the to continue to make us safe. (B) the Permanent Select Committee on Attorney General can authorize sur- I ask unanimous consent that the Intelligence of the House of Representatives. veillance prior to a Court order for 72 text of the bill be printed in the (2) FOREIGN INTELLIGENCE SURVEILLANCE COURT.—The term ‘‘Foreign Intelligence Sur- hours in an emergency. This legislation RECORD. would extend the time to one week, There being no objection, the text of veillance Court’’ means the court established by section 103(a) of the Foreign Intelligence which should remove any doubt as to the bill was ordered to be printed in whether Court approval can be sought Surveillance Act of 1978 (50 U.S.C. 1803(a)). the RECORD, as follows: (3) UNITED STATES PERSON.—The term and obtained in time. The bill also al- S. 1114 ‘‘United States person’’ has the meaning lows the Attorney General to delegate Be it enacted by the Senate and House of Rep- given such term in section 101(i) of the For- his authority to initiate electronic sur- resentatives of the United States of America in eign Intelligence Surveillance Act of 1978 (50 veillance in an emergency to specific Congress assembled, U.S.C. 1801(i)).

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2007 CONGRESSIONAL RECORD — SENATE S4493 TITLE I—CONSTRUCTION OF FOREIGN IN- SEC. 104. SUPREME COURT REVIEW OF THE TER- mit to the Attorney General a request for TELLIGENCE SURVEILLANCE AUTHOR- RORIST SURVEILLANCE PROGRAM. approval of the surveillance within 24 hours ITY (a) IN GENERAL.—Upon petition by the of the commencement of the surveillance. SEC. 101. REITERATION OF CHAPTERS 119, 121, United States or any party to the underlying The request shall set forth the ground for the AND 206 OF TITLE 18, UNITED proceedings, the Supreme Court of the belief specified in paragraph (1), together STATES CODE, AND FOREIGN INTEL- United States shall review a final decision on with such other information as the Attorney LIGENCE SURVEILLANCE ACT OF the merits concerning the constitutionality General shall require. 1978 AS EXCLUSIVE MEANS BY of the Terrorist Surveillance Program in at ‘‘(4)(A) The review of a request under para- WHICH DOMESTIC ELECTRONIC least one case that is pending in the courts graph (3) shall be completed by the official SURVEILLANCE MAY BE CON- of the United States on the date of enact- DUCTED. concerned under that paragraph as soon as ment of this Act. practicable, but not more than 72 hours after (a) EXCLUSIVE MEANS.—Notwithstanding (b) EXPEDITED CONSIDERATION.—It shall be any other provision of law, chapters 119, 121, the commencement of the electronic surveil- the duty of the Supreme Court of the United and 206 of title 18, United States Code, and lance concerned under paragraph (1). States to advance on the docket and to expe- the Foreign Intelligence Surveillance Act of ‘‘(B)(i) If the official concerned determines dite to the greatest possible extent the dis- 1978 (50 U.S.C. 1801 et seq.) shall be the exclu- that the electronic surveillance does not position of any matter brought under sub- sive means by which electronic surveillance meet the requirements of paragraph (1), the section (a). (as that term is defined in section 101(f) of surveillance shall terminate immediately (c) DEFINITION.—In this section, the term the Foreign Intelligence Surveillance Act of and may not be recommenced by any super- ‘‘Terrorist Surveillance Program’’ means the 1978 (50 U.S.C. 1801(f)) may be conducted. visor or executive appointed under paragraph program identified by the President on De- (b) AMENDMENT TO FOREIGN INTELLIGENCE (1), or any agent or employee acting under cember 17, 2005, to intercept international SURVEILLANCE ACT OF 1978.—Section 109(a) of the supervision of such supervisor or execu- the Foreign Intelligence Surveillance Act of communications into and out of the United tive, absent additional facts or changes in 1978 (50 U.S.C. 1809(a)) is amended by striking States of persons linked to al Qaeda or re- circumstances that lead a supervisor or exec- ‘‘authorized by statute’’ each place it ap- lated terrorist organizations. utive appointed under paragraph (1) to rea- pears and inserting ‘‘authorized by this title TITLE II—APPLICATIONS AND PROCE- sonably believe that the requirements of or chapter 119, 121, or 206 of title 18, United DURES FOR ELECTRONIC SURVEIL- paragraph (1) are satisfied. States Code’’. LANCE FOR FOREIGN INTELLIGENCE ‘‘(ii) In the event of a determination under (c) AMENDMENT TO TITLE 18, UNITED STATES PURPOSES clause (i), the Attorney General shall not be CODE.—Section 2511(2)(a)(ii)(B) of title 18, SEC. 201. EXTENSION OF PERIOD FOR APPLICA- required, under section 106(j), to notify any United States Code, is amended by striking TIONS FOR ORDERS FOR EMER- United States person of the fact that the ‘‘statutory requirements’’ and inserting ‘‘re- GENCY ELECTRONIC SURVEIL- electronic surveillance covered by such de- quirements under the Foreign Intelligence LANCE. termination was conducted before the termi- Surveillance Act of 1978 (50 U.S.C. 1801 et Section 105(f) of the Foreign Intelligence nation of the surveillance under that clause. seq.), this chapter, or chapters 121 or 206 of Surveillance Act of 1978 (50 U.S.C. 1805(f)) is However, the official making such deter- this title’’. amended by striking ‘‘72 hours’’ both places mination shall notify the court established SEC. 102. SPECIFIC AUTHORIZATION REQUIRED it appears and inserting ‘‘168 hours’’. by section 103(a) of such determination, and FOR ANY REPEAL OR MODIFICATION SEC. 202. ADDITIONAL AUTHORITY FOR EMER- shall also provide notice of such determina- OF TITLE I OF THE FOREIGN INTEL- GENCY ELECTRONIC SURVEIL- tion in the first report that is submitted LIGENCE SURVEILLANCE ACT OF LANCE. under section 108(a) after such determination 1978. Section 105 of the Foreign Intelligence Sur- is made. (a) IN GENERAL.—Title I of the Foreign In- veillance Act of 1978 (50 U.S.C. 1805) is ‘‘(C) If the official concerned determines telligence Surveillance Act of 1978 (50 U.S.C. amended— that the surveillance meets the requirements 1801 et seq.) is amended by inserting after (1) by redesignating subsections (g), (h), (i), of subsection (f), the surveillance may con- section 109 the following new section: and (j) as subsections (h), (i), (j), and (k), re- tinue, subject to the requirements of para- ‘‘SPECIFIC AUTHORIZATION REQUIRED FOR ANY spectively; and graph (5). REPEAL OR MODIFICATION OF TITLE (2) by inserting after subsection (f) the fol- ‘‘(5)(A) An application in accordance with ‘‘SEC. 109A. No provision of law shall be lowing new subsection (g): this title shall be made to a judge having ju- construed to implicitly repeal or modify this ‘‘(g)(1)(A) Notwithstanding any other pro- risdiction under section 103 as soon as prac- title or any provision thereof, nor shall any vision of this title and subject to the provi- ticable but not more than 168 hours after the provision of law be deemed to repeal or mod- sions of this subsection, the Attorney Gen- commencement of electronic surveillance ify this title in any manner unless such pro- eral may, with the concurrence of the Direc- under paragraph (1). vision of law, if enacted after the date of the tor of National Intelligence, appoint appro- ‘‘(B) In the absence of a judicial order ap- enactment of the Foreign Intelligence Sur- priate supervisory or executive personnel proving electronic surveillance commenced veillance Improvement and Enhancement within the Federal Bureau of Investigation under paragraph (1), the surveillance shall Act of 2007, expressly amends or otherwise and the National Security Agency to author- terminate at the earlier of— specifically cites this title.’’. ize electronic surveillance on a United ‘‘(i) when the information sought is ob- (b) CLERICAL AMENDMENT.—The table of States person in the United States on an tained; contents for that Act is amended by insert- emergency basis pursuant to the provisions ‘‘(ii) when the application under subpara- ing after the item relating to section 109 the of this subsection. graph (A) for an order approving the surveil- following new item: ‘‘(B) For purposes of this subsection, an in- lance is denied; or ‘‘Sec. 109A. Specific authorization required telligence agent or employee acting under ‘‘(iii) 168 hours after the commencement of for any repeal or modification the supervision of a supervisor or executive the surveillance, unless an application under of title.’’. appointed under subparagraph (A) may con- subparagraph (A) is pending, in which case SEC. 103. INFORMATION FOR CONGRESS ON THE duct emergency electronic surveillance the surveillance may continue for up to an TERRORIST SURVEILLANCE PRO- under this subsection if such supervisor or additional 24 hours while the judge has the GRAM AND SIMILAR PROGRAMS. executive reasonably determines that— application under advisement. As soon as practicable after the date of the ‘‘(i) an emergency situation exists with re- ‘‘(C) If an application under subparagraph enactment of this Act, but not later than spect to the employment of electronic sur- (A) for an order approving electronic surveil- seven days after such date, the President veillance to obtain foreign intelligence infor- lance commenced under paragraph (1) is de- shall brief and inform each member of the mation before an order authorizing such sur- nied, or in any other case in which the sur- congressional intelligence committees on veillance can with due diligence be obtained; veillance is terminated and no order approv- the following: and ing the surveillance is issued by a court, the (1) The Terrorist Surveillance Program of ‘‘(ii) the factual basis exists for the use of information obtained or evidence de- the National Security Agency. issuance of an order approving such surveil- rived from the surveillance shall be governed (2) Any program which involves, whether lance under this title. by the provisions of subsection (f). in part or in whole, the electronic surveil- ‘‘(2) The supervisors and executives ap- ‘‘(D) The denial of an application sub- lance of United States persons in the United pointed by the Attorney General under para- mitted under subparagraph (A) may be re- States for foreign intelligence purposes, and graph (1) may only be officials as follows: viewed as provided in section 103. which is conducted by any department, agen- ‘‘(A) In the case of the Federal Bureau of ‘‘(6) Any person who engages in the emer- cy, or other element of the United States Investigation, officials at or above the level gency employment of electronic surveillance Government, or by any entity at the direc- of Special Agent in Charge. under paragraph (1) shall follow the mini- tion of a department, agency, or other ele- ‘‘(B) In the case of the National Security mization procedures otherwise required by ment of the United States Government, Agency, officials at or above the level of this title for the issuance of a judicial order without fully complying with the procedures head of branch of the National Security approving the conduct of electronic surveil- set forth in the Foreign Intelligence Surveil- Agency. lance. lance Act of 1978 (50 U.S.C. 1801 et seq.) or ‘‘(3) A supervisor or executive responsible ‘‘(7) Not later than 30 days after appointing chapter 119, 121, or 206 of title 18, United for the emergency employment of electronic supervisors and executives under paragraph States Code. surveillance under this subsection shall sub- (1) to authorize the exercise of authority in

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4494 CONGRESSIONAL RECORD — SENATE April 16, 2007 that paragraph, the Attorney General, in Surveillance Court to personnel submitting (1) develop regulations to establish proce- consultation with the Director of National applications described in paragraph (1). dures for conducting and seeking approval of Intelligence, shall submit to the court estab- SEC. 205. ADDITIONAL PERSONNEL FOR PREPA- electronic surveillance on an emergency lished by section 103(a), the Select Com- RATION AND CONSIDERATION OF basis, and for preparing and properly submit- mittee on Intelligence of the Senate, and the APPLICATIONS FOR ORDERS AP- ting and receiving applications and orders, Permanent Select Committee on Intelligence PROVING ELECTRONIC SURVEIL- under sections 104 and 105 of the Foreign In- of the House of Representatives, and bring LANCE. telligence Surveillance Act of 1978 (50 U.S.C. (a) OFFICE OF INTELLIGENCE POLICY AND RE- up to date as required, a report that— 1804 and 1805); and VIEW.— ‘‘(A) identifies the number of supervisors (2) prescribe related training for the per- (1) ADDITIONAL PERSONNEL.—The Office of and executives who have been so appointed sonnel of the applicable agency. Intelligence Policy and Review of the De- and the positions held by such supervisors partment of Justice is hereby authorized SEC. 207. ENHANCEMENT OF ELECTRONIC SUR- and executives; and VEILLANCE AUTHORITY IN WAR- such additional personnel as may be nec- ‘‘(B) sets forth guidelines or other direc- TIME. essary to carry out the prompt and timely tives that describe the responsibilities of Section 111 of the Foreign Intelligence Sur- preparation, modification, and review of ap- such supervisors and executives under this veillance Act of 1978 (50 U.S.C. 1811) is plications under section 104 of the Foreign subsection.’’. amended by striking ‘‘fifteen calendar days Intelligence Surveillance Act of 1978 (50 following a declaration of war by the Con- SEC. 203. FOREIGN INTELLIGENCE SURVEIL- U.S.C. 1804) for orders under section 105 of LANCE COURT MATTERS. gress.’’ and inserting ‘‘30 calendar days fol- that Act (50 U.S.C. 1805) approving electronic (a) AUTHORITY FOR ADDITIONAL JUDGES.— lowing any of the following: Section 103(a) of the Foreign Intelligence surveillance for foreign intelligence pur- ‘‘(1) A declaration of war by the Congress. Surveillance Act of 1978 (50 U.S.C. 1803(a)) is poses. ‘‘(2) An authorization for the use of mili- amended— (2) ASSIGNMENT.—The Attorney General tary force within the meaning of section (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; shall assign personnel authorized by para- 2(c)(2) of the War Powers Resolution (50 (2) in paragraph (1), as so designated, by in- graph (1) to and among appropriate offices of U.S.C. 1541(c)(2)). serting ‘‘at least’’ before ‘‘seven of the the National Security Agency in order that ‘‘(3) A national emergency created by at- United States judicial circuits’’; such personnel may directly assist personnel tack upon the United States, its territories (3) by designating the second sentence as of the Agency in preparing applications de- or possessions, or the Armed Forces within paragraph (4) and indenting such paragraph, scribed in that paragraph. the meaning of section 2(c)(3) of the War (b) FEDERAL BUREAU OF INVESTIGATION.— as so designated, two ems from the left mar- Powers Resolution (50 U.S.C. 1541(c)(3)).’’. (1) ADDITIONAL LEGAL AND OTHER PER- gin; and TITLE III—CLARIFICATIONS TO THE FOR- SONNEL.—The National Security Branch of (4) by inserting after paragraph (1), as so EIGN INTELLIGENCE SURVEILLANCE the Federal Bureau of Investigation is here- designated, the following new paragraph: ACT OF 1978 by authorized such additional legal and ‘‘(2) In addition to the judges designated SEC. 301. ACQUISITION OF FOREIGN-FOREIGN under paragraph (1), the Chief Justice of the other personnel as may be necessary to carry out the prompt and timely preparation of ap- COMMUNICATIONS. United States may designate as judges of the (a) IN GENERAL.—Notwithstanding any plications under section 104 of the Foreign court established by paragraph (1) such other provision of this Act or the Foreign In- Intelligence Surveillance Act of 1978 (50 judges appointed under Article III of the telligence Surveillance Act of 1978 (50 U.S.C. U.S.C. 1804) for orders under section 105 of Constitution of the United States as the 1801 et seq.), no court order shall be required that Act (50 U.S.C. 1805) approving electronic Chief Justice determines appropriate in for the acquisition through electronic sur- surveillance for foreign intelligence pur- order to provide for the prompt and timely veillance of the contents of any communica- poses. consideration under section 105 of applica- tion between one person who is not located (2) ASSIGNMENT.—The Director of the Fed- tions under section 104 for electronic surveil- within the United States and another person eral Bureau of Investigation shall assign per- lance under this title. Any judge designated who is not located within the United States sonnel authorized by paragraph (1) to and under this paragraph shall be designated for the purpose of collecting foreign intel- among the field offices of the Federal Bureau publicly.’’. ligence information even if such communica- of Investigation in order that such personnel (b) CONSIDERATION OF EMERGENCY APPLICA- tion passes through, or the surveillance de- may directly assist personnel of the Bureau TIONS.—Such section is further amended by vice is located within, the United States. in such field offices in preparing applications inserting after paragraph (2), as added by (b) TREATMENT OF INTERCEPTED COMMU- described in that paragraph. subsection (a)(4) of this section, the fol- NICATIONS INVOLVING DOMESTIC PARTY.—If (c) ADDITIONAL LEGAL AND OTHER PER- lowing new paragraph: surveillance conducted as described in sub- SONNEL FOR NATIONAL SECURITY AGENCY.— ‘‘(3) A judge of the court shall make a de- section (a) inadvertently collects a commu- termination to approve, deny, or seek modi- The National Security Agency is hereby au- thorized such additional legal and other per- nication in which at least one party is with- fication of an application submitted pursu- in the United States, the contents of such ant to section subsection (f) or (g) of section sonnel as may be necessary to carry out the prompt and timely preparation of applica- communications shall be handled in accord- 105 not later than 24 hours after the receipt ance with the minimization procedures set of such application by the court.’’. tions under section 104 of the Foreign Intel- ligence Surveillance Act of 1978 (50 U.S.C. forth in section 101(h)(4) of the Foreign Intel- SEC. 204. DOCUMENT MANAGEMENT SYSTEM FOR 1804) for orders under section 105 of that Act ligence Surveillance Act of 1978 (50 U.S.C. APPLICATIONS FOR ORDERS AP- 1801(h)(4)). PROVING ELECTRONIC SURVEIL- (50 U.S.C. 1805) approving electronic surveil- lance for foreign intelligence purposes. (c) DEFINITIONS.—In this section, the terms LANCE. ‘‘contents’’, ‘‘electronic surveillance’’, and (a) SYSTEM REQUIRED.—The Attorney Gen- (d) ADDITIONAL LEGAL AND OTHER PER- SONNEL FOR FOREIGN INTELLIGENCE SURVEIL- ‘‘foreign intelligence information’’ have the eral shall, in consultation with the Director meaning given such terms in section 101 of of the Federal Bureau of Investigation, the LANCE COURT.—There is hereby authorized for the Foreign Intelligence Surveillance the Foreign Intelligence Surveillance Act of Director of the National Security Agency, 1978 (50 U.S.C. 1801). and the Foreign Intelligence Surveillance Court such additional staff personnel as may SEC. 302. INDIVIDUALIZED FISA ORDERS. Court, develop and implement a secure, clas- be necessary to facilitate the prompt and Any order issued pursuant to section 105 of sified document management system that timely consideration by that Court of appli- the Foreign Intelligence Surveillance Act of permits the prompt preparation, modifica- cations under section 104 of the Foreign In- 1978 (50 U.S.C. 1805) authorizing electronic tion, and review by appropriate personnel of telligence Surveillance Act of 1978 (50 U.S.C. surveillance shall be supported by an indi- the Department of Justice, the Federal Bu- 1804) for orders under section 105 of that Act vidualized or particularized finding of prob- reau of Investigation, the National Security (50 U.S.C. 1805) approving electronic surveil- able cause to believe the target of the elec- Agency, and other applicable elements of the lance for foreign intelligence purposes. Per- tronic surveillance is a foreign power or an United States Government of applications sonnel authorized by this paragraph shall perform such duties relating to the consider- agent of a foreign power. under section 104 of the Foreign Intelligence ation of such applications as that Court shall Surveillance Act of 1978 (50 U.S.C. 1804) be- TITLE IV—OTHER MATTERS direct. fore their submittal to the Foreign Intel- SEC. 401. AUTHORIZATION OF APPROPRIATIONS. (e) SUPPLEMENT NOT SUPPLANT.—The per- There is authorized to be appropriated ligence Surveillance Court. sonnel authorized by this section are in addi- (b) SCOPE OF SYSTEM.—The document man- such sums as may be necessary to carry out tion to any other personnel authorized by agement system required by subsection (a) this Act and the amendments made by this law. shall— Act. SEC. 206. TRAINING OF FEDERAL BUREAU OF IN- (1) permit and facilitate the prompt sub- SEC. 402. EFFECTIVE DATE. VESTIGATION AND NATIONAL SECU- mittal of applications to the Foreign Intel- RITY AGENCY PERSONNEL IN FOR- Except as provided in section 103, this Act, ligence Surveillance Court under section 104 EIGN INTELLIGENCE SURVEILLANCE and the amendments made by this Act, shall or 105(g)(5) of the Foreign Intelligence Sur- MATTERS. take effect on the date that is 30 days after veillance Act of 1978 (50 U.S.C. 1804 and The Director of the Federal Bureau of In- the date of the enactment of this Act. 1805(g)(5)); and vestigation and the Director of the National (2) permit and facilitate the prompt trans- Security Agency shall each, in consultation By Mr. BINGAMAN (for himself, mittal of rulings of the Foreign Intelligence with the Attorney General— Mr. DOMENICI, Mr. DORGAN, Mr.

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A bill to promote the effi- gasoline consumption and improving ommended in this bill, the estimate cumu- cient use of oil, natural gas, and elec- overall energy productivity in the U.S.; lative potential energy savings by 2020 would be 7.8 quads and the energy cost savings tricity, reduce oil consumption, and Promoting Federal leadership in en- would be $12 billion. heighten energy efficiency standards ergy efficiency and renewable energy; I ask unanimous consent that the for consumer products and industrial and Assisting States, local govern- text of the bill be printed in the equipment, and for other purposes; to ments and utilities in energy efficiency RECORD. the Committee on Energy and Natural efforts. There being no objection, the text of Resources. In addition to the Energy Efficiency the bill was ordered to be printed in Mr. BINGAMAN. Mr. President, I rise Promotion Act, I want to emphasize the RECORD, as follows: to introduce a comprehensive Energy that other Senate committees are efficiency bill. I am pleased to have the working on complementary efficiency S. 1115 Ranking Member of the Energy Com- initiatives, including the energy effi- Be it enacted by the Senate and House of Rep- mittee, the senior Senator from New ciency tax provisions we are developing resentatives of the United States of America in Congress assembled, Mexico, as my co-sponsor, along with in the Finance Committee and CAFE SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Senator DORGAN, Senator LUGAR, Sen- standards legislation in the Commerce (a) SHORT TITLE.—This Act may be cited as ator AKAKA, Senator MURKOWSKI and Committee. the ‘‘Energy Efficiency Promotion Act of Senator CRAIG. Finally, for the information on my 2007’’. Energy efficiency can be viewed as colleagues, this bill is the 4th in a (b) TABLE OF CONTENTS.—The table of con- the Nation’s largest energy resource. quartet of Energy bills that will be tents of this Act is as follows: Due to actions taken to increase effi- taken up by the Energy and Natural Sec. 1. Short title; table of contents. ciency since the 1973 oil crisis, we now Resources Committee in the next few Sec. 2. Definition of Secretary. save more energy each year than we weeks. These bills are: S. 987, the TITLE I—PROMOTING ADVANCED get from any single energy supply re- Biofuels for Energy Security and LIGHTING TECHNOLOGIES source, including oil. Transportation Act; S. 731, the Na- Sec. 101. Accelerated procurement of energy When the Energy Policy Act of 2005 tional Carbon Dioxide Storage Capac- efficient lighting. was signed into law in August of 2005, ity Assessment Act; and S. 962 the De- Sec. 102. Incandescent reflector lamp effi- it included a strong package of energy partment of Energy Carbon Capture ciency standards. efficiency initiatives. However, just a Sec. 103. Bright Tomorrow Lighting Prizes. and Storage R D&D Act. We are work- Sec. 104. Sense of Senate concerning effi- month later, when hurricanes dev- ing diligently to meet the Majority cient lighting standards. astated our Nation’s primary oil and Leader’s timetable for floor action on TITLE II—EXPEDITING NEW ENERGY gas supply region and many of us rec- Energy legislation. I encourage Sen- EFFICIENCY STANDARDS ognized that we needed to enact addi- ators with questions or concerns about Sec. 201. Definition of energy conservation tional and more aggressive efficiency any of these bills to let me know so standard. measures. that we can try to address issues in a Sec. 202. Regional standards for heating and During the last 2 years, gasoline, nat- timely manner. cooling products. ural gas, and electricity prices have I have included at the end of my Sec. 203. Furnace fan rulemaking. reached all-time high levels. These statement a preliminary estimate of Sec. 204. Expedited rulemakings. price increases cost American families Sec. 205. Preemption limitation. the energy savings that would result Sec. 206. Energy efficiency labeling for con- and businesses over $300 billion dollars from the implementation of the pro- sumer products. each year. In the 2006 elections, voters grams in this bill. I request that this Sec. 207. Residential boiler efficiency stand- sent us a clear message that they estimate be printed in the RECORD. ards. wanted Congress to address high en- There being no objection the mate- Sec. 208. Technical corrections. ergy prices and also to provide solu- rial was ordered to be printed as fol- Sec. 209. Electric motor efficiency stand- tions to climate change. Energy effi- lows. ards. ciency policies can alleviate both of Sec. 210. Energy standards for home appli- ENERGY SAVING ESTIMATE FOR THE ENERGY ances. these problems. EFFICIENCY PROMOTION ACT Sec. 211. Improved energy efficiency for ap- Our bill includes provisions that will pliances and buildings in cold improve efficiency in vehicles, build- Potential savings from the appliance effi- ciency standards included in Titles I and II: climates. ings, appliances and industrial equip- Electricity—At least 50 billion kilowatt Sec. 212. Deployment of new technologies ment. The legislation is also intended hours per year, or enough to power roughly for high-efficiency consumer to motivate States and utilities to rec- 4.8 million typical U.S. households; Natural products. ognize energy efficiency as a resource gas—170 million therms per year or enough TITLE III—PROMOTING HIGH EFFI- and to remove current disincentives to to heat about a quarter million typical U.S. CIENCY VEHICLES, ADVANCED BAT- programs that will benefit utility cus- homes; Water—At least 560 million gallons TERIES, AND ENERGY STORAGE tomers while reducing demand for elec- per day, or about 1.3 percent of total daily Sec. 301. Lightweight materials research and tricity and natural gas. potable water usage; and Dollars—More than development. $12 billion in net present benefits for con- Improving our energy productivity Sec. 302. Loan guarantees for fuel-efficient sumers. automobile parts manufactur- through efficiency has multiple bene- POTENTIAL SAVINGS FROM FEDERAL GOVERN- ers. fits—it lowers the costs of consumers’ MENT LEADERSHIP IN EFFICIENCY—TITLE V Sec. 303. Advanced technology vehicles man- energy bills; decreases the vulner- The Federal Government consumed 1.1 ufacturing incentive program. ability of the economy to energy price quadrillion Btus or ‘‘quads’’ of energy during Sec. 304. Energy storage competitiveness. shocks from natural disasters or prob- Fiscal Year 2005. The Federal energy bill for TITLE IV—SETTING ENERGY lems with foreign sources of supply; Fiscal Year 2005 increased by 24 percent com- EFFICIENCY GOALS provides environmental benefits such pared to Fiscal Year 2004. Sec. 401. National goals for energy savings as lower air pollution and reduced About 30 percent of the Federal energy use in transportation. greenhouse gas emissions. Moreover, is in standard buildings and about 60 percent Sec. 402. National energy efficiency im- energy efficiency investments help is energy used by vehicles and equipment. provement goals. build local jobs and improve state Although savings can not be estimated at Sec. 403. Nationwide media campaign to in- this time—the legislation requires the Fed- crease energy efficiency. economies. eral Government to achieve a 30 percent re- The bill we are introducing today in- TITLE V—PROMOTING FEDERAL LEAD- duction in energy usage per square foot by ERSHIP IN ENERGY EFFICIENCY AND cludes initiatives in six key areas: Pro- 2015 and to reduce its use of gasoline in fleet RENEWABLE ENERGY moting the development and use of ad- vehicles by 30 percent in Fiscal Year 2016. Sec. 501. Federal fleet conservation require- vanced lighting technologies; Expe- POTENTIAL SAVINGS FROM ELECTRIC AND GAS ments. diting new efficiency standards for ap- UTILITY EFFICIENCY PROGRAMS—TITLE VI Sec. 502. Federal requirement to purchase pliances and industrial equipment; Pro- Assuming all State utility regulatory com- electricity generated by renew- moting high efficiency vehicles, ad- missions and nonregulated utilities adopt able energy.

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Sec. 503. Energy savings performance con- SEC. 102. INCANDESCENT REFLECTOR LAMP EF- ‘‘(A) ER INCANDESCENT REFLECTOR LAMP.— tracts. FICIENCY STANDARDS. The term ‘ER incandescent reflector lamp’ Sec. 504. Energy management requirements (a) DEFINITIONS.—Section 321 of the Energy means a reflector lamp that has— for Federal buildings. Policy and Conservation Act (42 U.S.C. 6291) ‘‘(i) an elliptical section below the major Sec. 505. Combined heat and power and dis- diameter of the bulb and above the approxi- is amended— trict energy installations at mate baseline of the bulb, as shown in figure (1) in paragraph (30)(C)(ii)— Federal sites. 1 (RE) on page 7 of ANSI C79.1–1994, incor- (A) in the matter preceding subclause (I)— Sec. 506. Federal building energy efficiency porated by reference in section 430.22 of title (i) by striking ‘‘or similar bulb shapes (ex- performance standards. 10, Code of Federal Regulations (as in effect cluding ER or BR)’’ and inserting ‘‘ER, BR, Sec. 507. Application of International En- on the date of enactment of this paragraph); BPAR, or similar bulb shapes’’; and ergy Conservation Code to pub- and (ii) by striking ‘‘2.75’’ and inserting ‘‘2.25’’; lic and assisted housing. ‘‘(ii) a finished size and shape shown in and TITLE VI—ASSISTING STATE AND LOCAL ANSI C78.21–1989, incorporated by reference (B) by striking ‘‘is either—’’ and all that GOVERNMENTS IN ENERGY EFFICIENCY in section 430.22 of title 10, Code of Federal follows through subclause (II) and inserting Regulations (as in effect on the date of en- Sec. 601. Weatherization assistance for low- ‘‘has a rated wattage that is 40 watts or actment of this paragraph). income persons. higher’’; and ‘‘(B) ER30.—The term ‘ER30’ means an ER Sec. 602. State energy conservation plans. (2) by adding at the end the following: incandescent reflector lamp with a diameter Sec. 603. Utility energy efficiency programs. ‘‘(52) BPAR INCANDESCENT REFLECTOR Sec. 604. Energy efficiency and demand re- of 30/8ths of an inch. LAMP.—The term ‘BPAR incandescent reflec- ‘‘(C) ER40.—The term ‘ER40’ means an ER sponse program assistance. tor lamp’ means a reflector lamp as shown in incandescent reflector lamp with a diameter Sec. 605. Energy and environmental block figure C78.21–278 on page 32 of ANSI C78.21– of 40/8ths of an inch. grant. 2003. Sec. 606. Energy sustainability and effi- ‘‘(55) R20 INCANDESCENT REFLECTOR LAMP.— ‘‘(53) BR INCANDESCENT REFLECTOR LAMP; ciency grants for institutions of The term ‘R20 incandescent reflector lamp’ BR30; BR40.— higher education. means a reflector lamp that has a face di- ‘‘(A) BR INCANDESCENT REFLECTOR LAMP.— Sec. 607. Workforce training. ameter of approximately 2.5 inches, as shown The term ‘BR incandescent reflector lamp’ Sec. 608. Assistance to States to reduce in figure 1(R) on page 7 of ANSI C79.1– means a reflector lamp that has— school bus idling. 1994.’’.’’. ‘‘(i) a bulged section below the major di- SEC. 2. DEFINITION OF SECRETARY. ameter of the bulb and above the approxi- (b) STANDARDS FOR FLUORESCENT LAMPS In this Act, the term ‘‘Secretary’’ means mate baseline of the bulb, as shown in figure AND INCANDESCENT REFLECTOR LAMPS.—Sec- the Secretary of Energy. 1 (RB) on page 7 of ANSI C79.1–1994, incor- tion 325(i) of the Energy Policy and Con- TITLE I—PROMOTING ADVANCED porated by reference in section 430.22 of title servation Act (42 U.S.C. 6925(i)) is amended LIGHTING TECHNOLOGIES 10, Code of Federal Regulations (as in effect by striking paragraph (1) and inserting the SEC. 101. ACCELERATED PROCUREMENT OF EN- on the date of enactment of this paragraph); following: ERGY EFFICIENT LIGHTING. and ‘‘(1) STANDARDS.— Section 553 of the National Energy Con- ‘‘(ii) a finished size and shape shown in ‘‘(A) DEFINITION OF EFFECTIVE DATE.—In servation Policy Act (42 U.S.C. 8259b) is ANSI C78.21–1989, including the referenced this paragraph (other than subparagraph amended by adding the following: reflective characteristics in part 7 of ANSI (D)), the term ‘effective date’ means, with re- ‘‘(f) ACCELERATED PROCUREMENT OF ENERGY C78.21–1989, incorporated by reference in sec- spect to each type of lamp specified in a EFFICIENT LIGHTING.— tion 430.22 of title 10, Code of Federal Regula- table contained in subparagraph (B), the last ‘‘(1) IN GENERAL.—Not later than October 1, tions (as in effect on the date of enactment day of the period of months corresponding to 2010, in accordance with guidelines issued by of this paragraph). that type of lamp (as specified in the table) the Secretary, all general purpose lighting in ‘‘(B) BR30.—The term ‘BR30’ means a BR that follows October 24, 1992. Federal buildings shall be Energy Star prod- incandescent reflector lamp with a diameter ‘‘(B) MINIMUM STANDARDS.—Each of the fol- ucts or products designated under the Fed- of 30/8ths of an inch. lowing general service fluorescent lamps and eral Energy Management Program. ‘‘(C) BR40.—The term ‘BR40’ means a BR incandescent reflector lamps manufactured ‘‘(2) GUIDELINES.—Not later than 180 days incandescent reflector lamp with a diameter after the effective date specified in the ta- after the date of enactment of this sub- of 40/8ths of an inch. bles contained in this paragraph shall meet section, the Secretary shall issue guidelines ‘‘(54) ER INCANDESCENT REFLECTOR LAMP; or exceed the following lamp efficacy and to carry out this subsection.’’. ER30; ER40.— CRI standards:

‘‘FLUORESCENT LAMPS

Minimum Nominal Average Effective Lamp Type Lamp Minimum Lamp Effi- Date (Pe- Wattage CRI cacy riod of (LPW) Months)

4-foot medium bi-pin ...... >35 W 69 75.0 36 ≤35 W 45 75.0 36 2-foot U-shaped ...... >35 W 69 68.0 36 ≤35 W 45 64.0 36 8-foot slimline ...... 65 W 69 80.0 18 ≤65 W 45 80.0 18 8-foot high output ...... >100 W 69 80.0 18 ≤100 W 45 80.0 18

‘‘INCANDESCENT REFLECTOR LAMPS ‘‘(i) Lamps rated at 50 watts or less that more than 2.25 inches, but not more than 2.75 are ER30, BR30, BR40, or ER40 lamps. inches, on and after January 1, 2008.’’. ‘‘(ii) Lamps rated at 65 watts that are SEC. 103. BRIGHT TOMORROW LIGHTING PRIZES. Minimum Effective Nominal Lamp Average Date (Pe- BR30, BR40, or ER40 lamps. (a) ESTABLISHMENT.—Not later than 1 year Wattage Lamp Effi- riod of ‘‘(iii) R20 incandescent reflector lamps after the date of enactment of this Act, as cacy part of the program carried out under sec- (LPW) Months) rated 45 watts or less. ‘‘(D) EFFECTIVE DATES.— tion 1008 of the Energy Policy Act of 2005 (42 U.S.C. 16396), the Secretary shall establish 40–50 ...... 10.5 36 ‘‘(i) ER, BR, AND BPAR LAMPS.—The stand- and award Bright Tomorrow Lighting Prizes 51–66 ...... 11.0 36 ards specified in subparagraph (B) shall for solid state lighting in accordance with 67–85 ...... 12.5 36 apply with respect to ER incandescent re- flector lamps, BR incandescent reflector this section. 86–115 ...... 14.0 36 (b) PRIZE SPECIFICATIONS.— lamps, BPAR incandescent reflector lamps, 116–155 ...... 14.5 36 (1) 60-WATT INCANDESCENT REPLACEMENT and similar bulb shapes on and after January 156–205 ...... 15.0 36 LAMP PRIZE.—The Secretary shall award a 60- 1, 2008. Watt Incandescent Replacement Lamp Prize ‘‘(C) EXEMPTIONS.—The standards specified ‘‘(ii) LAMPS BETWEEN 2.25–2.75 INCHES IN DI- to an entrant that produces a solid-state in subparagraph (B) shall not apply to the AMETER.—The standards specified in subpara- light package simultaneously capable of— following types of incandescent reflector graph (B) shall apply with respect to incan- (A) producing a luminous flux greater than lamps: descent reflector lamps with a diameter of 900 lumens;

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2007 CONGRESSIONAL RECORD — SENATE S4497 (B) consuming less than or equal to 10 party to administer awards under this sec- (4) national policy can support a rapid sub- watts; tion. stitution of new, energy-efficient light bulbs (C) having an efficiency greater than 90 (f) AWARD AMOUNTS.—Subject to the avail- for the less efficient products in widespread lumens per watt; ability of funds to carry out this section, the use; and, (D) having a color rendering index greater amount of— (5) transforming the United States market than 90; (1) the 60-Watt Incandescent Replacement to use of more efficient lighting technologies (E) having a correlated color temperature Lamp Prize described in subsection (b)(1) can— of not less than 2,750, and not more than shall be $10,000,000; (A) reduce electric costs in the United 3,000, degrees Kelvin; (2) the PAR Type 38 Halogen Replacement States by more than $18,000,000,000 annually; (F) having a lifetime exceeding 25,000 hours Lamp Prize described in subsection (b)(2) (B) save the equivalent electricity that is under typical conditions expected in residen- shall be $5,000,000; and produced by 80 base load coal-fired power tial use; (3) the Twenty-First Century Lamp Prize plants; and (G) having a light distribution pattern described in subsection (b)(3) shall be (C) reduce fossil fuel related emissions by similar to a soft 60-watt incandescent A19 $5,000,000. approximately 158,000,000 tons each year. bulb; (g) FEDERAL PROCUREMENT OF SOLID- (b) SENSE OF THE SENATE.—It is the sense (H) having a size and shape similar to a 60- STATE-LIGHTS.— of the Senate that the Senate should— watt incandescent A19 bulb in accordance (1) 60-WATT INCANDESCENT REPLACEMENT.— (1) pass a set of mandatory, technology- with American National Standards Institute Subject to paragraph (3), as soon as prac- neutral standards to establish firm energy standard C78.20–2003, figure C78.20–211; ticable after the successful award of the 60- efficiency performance targets for lighting (I) using an incandescent bulb power recep- Watt Incandescent Replacement Lamp Prize products; tacle; and under subsection (b)(1), the Secretary (in (2) ensure that the standards become effec- (J) mass production for a competitive sales consultation with the Administrator of Gen- tive within the next 10 years; and commercial market satisfied by the submis- eral Services) shall develop governmentwide (3) in developing the standards— sion of 10,000 such units equal to or exceed- Federal purchase guidelines with a goal of (A) establish the efficiency requirements ing the criteria described in subparagraphs replacing the use of 60-watt incandescent to ensure that replacement lamps will pro- (A) through (I). lamps in Federal Government buildings with vide consumers with the same quantity of (2) PAR TYPE 38 HALOGEN REPLACEMENT a solid-state-light package described in sub- light while using significantly less energy; LAMP PRIZE.—The Secretary shall award a section (b)(1) by not later than the date that (B) ensure that consumers will continue to Parabolic Aluminized Reflector Type 38 is 5 years after the date the award is made. have multiple product choices, including en- Halogen Replacement Lamp Prize (referred (2) PAR 38 HALOGEN REPLACEMENT LAMP RE- ergy-saving halogen, incandescent, compact to in this section as the ‘‘PAR Type 38 Halo- PLACEMENT.—Subject to paragraph (3), as fluorescent, and LED light bulbs; and gen Replacement Lamp Prize’’) to an entrant soon as practicable after the successful (C) work with industry and key stake- that produces a solid-state-light package si- award of the PAR Type 38 Halogen Replace- holders on measures that can assist con- multaneously capable of— ment Lamp Prize under subsection (b)(2), the sumers and businesses in making the impor- (A) producing a luminous flux greater than Secretary (in consultation with the Adminis- tant transition to more efficient lighting. trator of General Services) shall develop gov- or equal to 1,350 lumens; TITLE II—EXPEDITING NEW ENERGY ernmentwide Federal purchase guidelines (B) consuming less than or equal to 10 EFFICIENCY STANDARDS watts; with the goal of replacing the use of PAR 38 (C) having an efficiency greater than 90 halogen lamps in Federal Government build- SEC. 201. DEFINITION OF ENERGY CONSERVA- TION STANDARD. lumens per watt; ings with a solid-state-light package de- Section 321 of the Energy Policy and Con- (D) having a color rendering index greater scribed in subsection (b)(2) by not later than servation Act (42 U.S.C. 6291) is amended by than or equal to 90; the date that is 5 years after the date the striking paragraph (6) and inserting the fol- (E) having a correlated color coordinate award is made. lowing: temperature of not less than 2,750, and not (3) WAIVERS.— ‘‘(6) ENERGY CONSERVATION STANDARD.— more than 3,000, degrees Kelvin; (A) IN GENERAL.—The Secretary or the Ad- ‘‘(A) IN GENERAL.—The term ‘energy con- (F) having a lifetime exceeding 25,000 hours ministrator of General Services may waive servation standard’ means— under typical conditions expected in residen- the application of paragraph (1) or (2) if the ‘‘(i) 1 or more performance standards that tial use; Secretary or Administrator determines that prescribe a minimum level of energy effi- (G) having a light distribution pattern the return on investment from the purchase ciency or a maximum quantity of energy similar to a PAR 38 halogen lamp; of a solid-state-light package described in use, and, in the case of a showerhead, faucet, (H) having a size and shape that fits within paragraph (1) or (2) of subsection (b), respec- water closet, urinal, clothes washer, and the maximum dimensions of a PAR 38 halo- tively, is cost prohibitive. dishwasher, water use, for a covered product, gen lamp in accordance with American Na- (B) REPORT OF WAIVER.—If the Secretary or determined in accordance with test proce- tional Standards Institute standard C78–21– Administrator waives the application of dures prescribed under section 323; and 2003, figure C78.21–238; paragraph (1) or (2), the Secretary or Admin- ‘‘(ii) 1 or more design requirements. (I) using a PAR 38 halogen power recep- istrator, respectively, shall submit to Con- ‘‘(B) INCLUSIONS.—The term ‘energy con- tacle; and gress an annual report that describes the servation standard’ includes any other re- (J) mass production for a competitive sales waiver and provides a detailed justification quirements that the Secretary may prescribe commercial market satisfied by the submis- for the waiver. under subsections (o) and (r) of section 325.’’. sion of 10,000 such units equal to or exceed- (h) BRIGHT LIGHT TOMORROW AWARD ing the criteria described in subparagraphs FUND.— SEC. 202. REGIONAL STANDARDS FOR HEATING AND COOLING PRODUCTS. (A) through (I). (1) ESTABLISHMENT.—There is established Section 325(o) of the Energy Policy and (3) TWENTY-FIRST CENTURY LAMP PRIZE.— in the United States Treasury a Bright Light Conservation Act (42 U.S.C. 6295(o)) is The Secretary shall award a Twenty-First Tomorrow permanent fund without fiscal amended by adding at the end the following: Century Lamp Prize to an entrant that pro- year limitation to award prizes under para- ‘‘(6) REGIONAL STANDARDS FOR HEATING AND duces a solid-state-light-light capable of— graphs (1), (2), and (3) of subsection (b). COOLING PRODUCTS.— (A) producing a light output greater than (2) SOURCES OF FUNDING.—The fund estab- ‘‘(A) IN GENERAL.—Notwithstanding any 1,200 lumens; lished under paragraph (1) shall accept— other provision of this section, the Secretary (B) having an efficiency greater than 150 (A) fiscal year appropriations; and may establish regional standards for space lumens per watt; (B) private contributions authorized under heating and air conditioning products. (C) having a color rendering index greater subsection (c). ‘‘(B) MAXIMUM NUMBER OF REGIONS.—For than 90; (i) AUTHORIZATION OF APPROPRIATIONS.— each space heating and air conditioning (D) having a color coordinate temperature There are authorized to be appropriated such product, the Secretary may establish not between 2,800 and 3,000 degrees Kelvin; and sums as are necessary to carry out this sec- tion. more than 3 regions with differing standards. (E) having a lifetime exceeding 25,000 ‘‘(C) BOUNDARIES OF REGIONS.— hours. SEC. 104. SENSE OF SENATE CONCERNING EFFI- CIENT LIGHTING STANDARDS. ‘‘(i) IN GENERAL.—The Secretary shall es- (c) PRIVATE FUNDS.—The Secretary may accept and use funding from private sources (a) FINDINGS.—The Senate finds that— tablish the regions so as to achieve the max- as part of the prizes awarded under this sec- (1) there are approximately 4,000,000,000 imum level of energy savings that are tech- tion. screw-based sockets in the United States nically feasible and economically justifiable. (d) TECHNICAL REVIEW.—The Secretary that contain traditional, energy-inefficient, ‘‘(ii) STATE BOUNDARIES.—Boundaries for a shall establish a technical review committee incandescent light bulbs; region shall conform to State borders and composed of non-Federal officers to review (2) incandescent light bulbs are based on only include contiguous States (other than entrant data submitted under this section to technology that is more than 125 years old; Alaska and Hawaii, which shall be non- determine whether the data meets the prize (3) there are radically more efficient light- contiguous). specifications described in subsection (b). ing alternatives in the market, with the ‘‘(D) FACTORS FOR ESTABLISHMENT.—In de- (e) THIRD PARTY ADMINISTRATION.—The promise of even more choices over the next ciding whether to establish 1 or more re- Secretary may competitively select a third several years; gional standards for space heating and air

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4498 CONGRESSIONAL RECORD — SENATE April 16, 2007

conditioning equipment, the Secretary shall ‘‘(E) FINAL RULE.—Notwithstanding sub- (1) by redesignating paragraph (3) as para- consider all of the factors described in para- section (p)(4), the Secretary— graph (4); and graphs (1) through (4).’’. ‘‘(i) may publish a final rule at any time (2) by inserting after paragraph (2) the fol- SEC. 203. FURNACE FAN RULEMAKING. after the 60-day period beginning on the date lowing: Section 325(f)(3) of the Energy Policy and of publication of the proposed rule in the ‘‘(3) BOILERS.— Conservation Act (42 U.S.C. 6295(f)(3)) is Federal Register; and ‘‘(A) IN GENERAL.—Subject to subpara- amended by adding at the end the following: ‘‘(ii) shall publish a final rule not later graphs (B) and (C), boilers manufactured on ‘‘(E) FINAL RULE.— than 120 days after the date of publication of or after September 1, 2012, shall meet the fol- ‘‘(i) IN GENERAL.—The Secretary shall pub- the proposed rule in the Federal Register.’’. lowing requirements: lish a final rule to carry out this subsection SEC. 205. PREEMPTION LIMITATION. not later than December 31, 2012. Section 327 of the Energy Policy and Con- Min- ‘‘(ii) CRITERIA.—The standards shall meet servation Act (42 U.S.C. 6297) is amended— imum (1) in subsection (b)— the criteria established under subsection Annual Design Re- (o).’’. (A) in paragraph (6), by striking ‘‘or’’ at Boiler Type Fuel Uti- lization quirements SEC. 204. EXPEDITED RULEMAKINGS. the end; (B) in paragraph (7), by striking the period Effi- Section 325 of the Energy Policy and Con- ciency servation Act (42 U.S.C. 6295) is amended by at the end and inserting ‘‘; or’’; and adding at the end the following: (C) by adding at the end the following: Gas Hot Water 82% No Constant ‘‘(hh) EXPEDITED RULEMAKING FOR CON- ‘‘(8) is a State regulation for a product for Burning Pilot, SENSUS STANDARDS.— which a Federal energy conservation stand- Automatic ‘‘(1) IN GENERAL.—The Secretary shall con- ard has not been established, in that— Means for duct an expedited rulemaking based on an ‘‘(A) the product is excluded from or not Adjusting directly affected by a Federal standard; or Water Tem- energy conservation standard or test proce- perature dure recommended by interested persons, if— ‘‘(B) a rulemaking occurs that ultimately ‘‘(A) the interested persons (demonstrating does not prescribe a Federal energy con- Gas Steam 80% No Constant significant and broad support from manufac- servation standard for the product.’’; and Burning Pilot turers of a covered product, States, and envi- (2) in subsection (c)— ronmental, energy efficiency, and consumer (A) in paragraph (8), by striking the period Oil Hot Water 84% Automatic Means for advocates) submit a joint comment recom- at the end and inserting ‘‘; or’’; and (B) by adding at the end the following: Adjusting mending a consensus energy conservation Temperature standard or test procedure; and ‘‘(9) is a State regulation for a product for ‘‘(B) the Secretary determines that the which a Federal energy conservation stand- Oil Steam 82% None joint comment includes evidence that (as- ard has not been established, in that— suming no other evidence were considered) ‘‘(A) the product is excluded from or not Electric Hot None Automatic provides an adequate basis for determining directly affected by a Federal standard; or Water Means for ‘‘(B) a rulemaking occurs that ultimately Adjusting that the proposed consensus energy con- Temperature servation standard or test procedure pro- does not prescribe a Federal energy con- posed in the joint comment complies with servation standard for the product.’’. Electric None None the provisions and criteria of this Act (in- SEC. 206. ENERGY EFFICIENCY LABELING FOR Steam cluding subsection o)) that apply to the type CONSUMER PRODUCTS. or class of covered products covered by the (a) IN GENERAL.—Not later than 18 months ‘‘(B) PILOTS.—The manufacturer shall not joint comment. after the date of enactment of this Act, the equip gas hot water or steam boilers with ‘‘(2) PROCEDURE.— Federal Trade Commission, in consultation constant-burning pilot lights. ‘‘(A) IN GENERAL.—Notwithstanding sub- with the Secretary and the Administrator of ‘‘(C) AUTOMATIC MEANS FOR ADJUSTING section (p) or section 336(a), if the Secretary the Environmental Protection Agency (act- WATER TEMPERATURE.— receives a joint comment that meets the cri- ing through the Energy Star program), shall ‘‘(i) IN GENERAL.—The manufacturer shall teria described in paragraph (1), the Sec- promulgate regulations to add the consumer equip each gas, oil, and electric hot water retary shall conduct an expedited rule- electronics product categories described in boiler (other than a boiler equipped with making with respect to the standard or test subsection (b) to the Energy Guide labeling tankless domestic water heating coils) with procedure proposed in the joint comment in program of the Commission. an automatic means for adjusting the tem- (b) CONSUMER ELECTRONICS PRODUCT CAT- accordance with this paragraph. perature of the water supplied by the boiler EGORIES.—The consumer electronics product ‘‘(B) ADVANCED NOTICE OF PROPOSED RULE- to ensure that an incremental change in in- categories referred to in subsection (a) are MAKING.—If no advanced notice of proposed ferred heat load produces a corresponding in- the following: rulemaking has been issued under subsection cremental change in the temperature of (1) Televisions. (p)(1) with respect to the rulemaking covered water supplied. (2) Personal computers. by the joint comment, the requirements of ‘‘(ii) CERTAIN BOILERS.—For a boiler that (3) Cable or satellite set-top boxes. subsection (p) with respect to the issuance of fires at 1 input rate, the requirements of this (4) Stand-alone digital video recorder boxes an advanced notice of proposed rulemaking subparagraph may be satisfied by providing (including TIVO and similar branded prod- shall not apply. an automatic means that allows the burner ucts). ‘‘(C) PUBLICATION OF DETERMINATION.—Not or heating element to fire only when the (5) Computer monitors. means has determined that the inferred heat later than 60 days after receipt of a joint (c) LABEL PLACEMENT.—The regulations comment described in paragraph (1)(A), the shall include specific requirements for each load cannot be met by the residual heat of Secretary shall publish a description of a de- product on the placement of Energy Guide the water in the system. termination as to whether the proposed labels. ‘‘(iii) NO INFERRED HEAT LOAD.—When there standard or test procedure covered by the (d) DEADLINE FOR LABELING.—Not later is no inferred heat load with respect to a hot joint comment meets the criteria described than 1 year after the date of promulgation of water boiler, the automatic means described in paragraph (1). regulations under subsection (a), the Com- in clauses (i) and (ii) shall limit the tempera- ‘‘(D) PROPOSED RULE.— mission shall require labeling electronic ture of the water in the boiler to not more ‘‘(i) PUBLICATION.—If the Secretary deter- products described in subsection (b) in ac- than 140 degrees Fahrenheit. mines that the proposed consensus standard cordance with this section (including the ‘‘(iv) OPERATION.—A boiler described in or test procedure covered by the joint com- regulations). clause (i) or (ii) shall be operable only when ment meets the criteria described in para- (e) AUTHORITY TO INCLUDE ADDITIONAL the automatic means described in clauses (i), graph (1), not later than 30 days after the de- PRODUCT CATEGORIES.—The Commission may (ii), and (iii) is installed.’’. termination, the Secretary shall publish a add additional product categories to the En- SEC. 208. TECHNICAL CORRECTIONS. proposed rule proposing the consensus stand- ergy Guide labeling program if the product Section 321(30)(B)(viii) of the Energy Pol- ard or test procedure covered by the joint categories include products, as determined icy and Conservation Act (42 U.S.C. comment. by the Commission— 6291(30)(B)(viii)) is amended by striking ‘‘82’’ ‘‘(ii) PUBLIC COMMENT PERIOD.—Notwith- (1) that have an annual energy use in ex- and inserting ‘‘87’’. standing paragraphs (2) and (3) of subsection cess of 100 kilowatt hours per year; and SEC. 209. ELECTRIC MOTOR EFFICIENCY STAND- (p), the public comment period for the pro- (2) for which there is a significant dif- ARDS. posed rule shall be the 30–day period begin- ference in energy use between the most and (a) DEFINITIONS.—Section 340(13) of the En- ning on the date of the publication of the least efficient products. ergy Policy and Conservation Act (42 U.S.C. proposed rule in the Federal Register. SEC. 207. RESIDENTIAL BOILER EFFICIENCY 6311(13)) is amended by striking subpara- ‘‘(iii) PUBLIC HEARING.—Notwithstanding STANDARDS. graph (A) and inserting the following: section 336(a), the Secretary may waive the Section 325(f) of the Energy Policy and ‘‘(A)(i) The term ‘electric motor’ means— holding of a public hearing with respect to Conservation Act (42 U.S.C. 6295(f)) is amend- ‘‘(I) a general purpose electric motor - the proposed rule. ed— subtype I; and

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2007 CONGRESSIONAL RECORD — SENATE S4499 ‘‘(II) a general purpose electric motor - U.S.C. 6295(b)) is amended by adding at the ‘‘(E) technologies to improve the energy ef- subtype II. end the following: ficiency of appliances and mechanical sys- ‘‘(ii) The term ‘general purpose electric ‘‘(4) REFRIGERATORS, REFRIGERATOR-FREEZ- tems for buildings in cold climates, includ- motor - subtype I’ means any motor that is ERS, AND FREEZERS MANUFACTURED ON OR ing increased use of renewable resources, in- considered a general purpose motor under AFTER JANUARY 1, 2014.—Not later than De- cluding fuel.’’. section 431.12 of title 10, Code of Federal Reg- cember 31, 2010, the Secretary shall publish a (b) REBATES.—Section 124 of the Energy ulations (or successor regulations). final rule determining whether to amend the Policy Act of 2005 (42 U.S.C. 15821) is amend- ‘‘(iii) The term ‘general purpose electric standards in effect for refrigerators, refrig- ed— motor - subtype II’ means a motor that, in erator-freezers, and freezers manufactured (1) in subsection (b)(1), by inserting ‘‘, or addition to the design elements for a general on or after January 1, 2014, and including any products with improved energy efficiency in purpose electric motor - subtype I, incor- amended standards.’’. cold climates,’’ after ‘‘residential Energy porates the design elements (as established (c) RESIDENTIAL CLOTHES WASHERS AND Star products’’; and in National Electrical Manufacturers Asso- DISHWASHERS.—Section 325(g)(4) of the En- (2) in subsection (e), by inserting ‘‘or prod- ciation MG-1 (2006)) (or successor design ele- ergy Policy and Conservation Act (42 U.S.C. uct with improved energy efficiency in a cold ments) for any of the following: 6295(g)(4)) is amended by adding at the end climate’’ after ‘‘residential Energy Star ‘‘(I) A U-Frame Motor. the following: product’’ each place it appears. ‘‘(II) A Design C Motor. ‘‘(D) CLOTHES WASHERS.— SEC. 212. DEPLOYMENT OF NEW TECHNOLOGIES ‘‘(III) A close-coupled pump motor. ‘‘(i) CLOTHES WASHERS MANUFACTURED ON FOR HIGH-EFFICIENCY CONSUMER ‘‘(IV) A footless motor. OR AFTER JANUARY 1, 2011.—A residential PRODUCTS. ‘‘(V) A vertical solid shaft normal thrust clothes washer manufactured on or after (a) DEFINITIONS.—In this section: (tested in a horizontal configuration). January 1, 2011, shall have— (1) ENERGY SAVINGS.—The term ‘‘energy ‘‘(VI) An 8-pole motor. ‘‘(I) an energy factor of at least 1.26; and savings’’ means megawatt-hours of elec- ‘‘(VII) A poly-phase motor with voltage of ‘‘(II) a water factor of not more than 9.5. tricity or million British thermal units of not more than 600 volts (other than 230 or 460 ‘‘(ii) CLOTHES WASHERS MANUFACTURED ON natural gas saved by a product, in compari- volts).’’. OR AFTER JANUARY 1, 2015.—Not later than De- son to projected energy consumption under (b) STANDARDS.—Section 342(b) of the En- cember 31, 2011, the Secretary shall publish a the energy efficiency standard applicable to ergy Policy and Conservation Act (42 U.S.C. final rule determining whether to amend the the product. 6313(13)) is amended by striking paragraph (1) standards in effect for residential clothes (2) HIGH-EFFICIENCY CONSUMER PRODUCT.— and inserting the following: washers manufactured on or after January 1, The term ‘‘high-efficiency consumer prod- ‘‘(1) STANDARDS.— 2015, and including any amended standards. uct’’ means a product that exceeds the en- ‘‘(A) GENERAL PURPOSE ELECTRIC MOTORS - ‘‘(E) DISHWASHERS.— ergy efficiency of comparable products avail- SUBTYPE I.— ‘‘(i) DISHWASHERS MANUFACTURED ON OR able in the market by at least 25 percent. ‘‘(i) IN GENERAL.—Except as otherwise pro- AFTER JANUARY 1, 2010.—A dishwasher manu- (b) FINANCIAL INCENTIVES PROGRAM.—Effec- vided in this subparagraph, a general purpose factured on or after January 2, 2010, shall use tive beginning October 1, 2007, the Secretary electric motor - subtype I with a power rat- not more than— shall competitively award financial incen- ing of not less than 1, and not more than 200, ‘‘(I) in the case of a standard-size dish- tives under this section for the manufacture horsepower manufactured (alone or as a com- washer, 355 kWh per year or 6.5 gallons of of high-efficiency consumer products. ponent of another piece of equipment) after water per cycle; and (c) REQUIREMENTS.— the 3-year period beginning on the date of ‘‘(II) in the case of a compact-size dish- (1) IN GENERAL.—The Secretary shall make enactment of this subparagraph, shall have a washer, 260 kWh per year or 4.5 gallons of awards under this section to manufacturers nominal full load efficiency established in water per cycle. of high-efficiency consumer products, based Table 12-12 of National Electrical Manufac- ‘‘(ii) DISHWASHERS MANUFACTURED ON OR on the bid of each manufacturer in terms of turers Association (referred to in this para- AFTER JANUARY 1, 2018.—Not later than De- dollars per megawatt-hour or million British graph as ‘NEMA’) MG-1 (2006) (or a successor cember 31, 2015, the Secretary shall publish a thermal units saved. table). final rule determining whether to amend the (2) ACCEPTANCE OF BIDS.—In making awards ‘‘(ii) FIRE PUMP MOTORS.—A fire pump standards for dishwashers manufactured on under this section, the Secretary shall— motor shall have a nominal full load effi- or after January 2, 2018, and including any (A) solicit bids for reverse auction from ap- ciency established in Table 12-11 of NEMA amended standards.’’. propriate manufacturers, as determined by MG-1 (2006) (or a successor table). (d) DEHUMIDIFIERS.—Section 325(cc) of the the Secretary; and Energy Policy and Conservation Act (42 ‘‘(B) GENERAL PURPOSE ELECTRIC MOTORS - (B) award financial incentives to the man- U.S.C. 6295(cc)) is amended— SUBTYPE II .—A general purpose electric ufacturers that submit the lowest bids that motor - subtype II with a power rating of not (1) in paragraph (1), by inserting ‘‘and be- meet the requirements established by the less than 1, and not more than 200, horse- fore October 1, 2012,’’ after ‘‘2007,’’; and Secretary. power manufactured (alone or as a compo- (2) by striking paragraph (2) and inserting (d) FORMS OF AWARDS.—An award for a nent of another piece of equipment) after the the following: high-efficiency consumer product under this 3-year period beginning on the date of enact- ‘‘(2) DEHUMIDIFIERS MANUFACTURED ON OR section shall be in the form of a lump sum ment of this subparagraph, shall have a AFTER OCTOBER 1, 2012.—Dehumidifiers manu- payment in an amount equal to the product nominal full load efficiency established in factured on or after October 1, 2012, shall obtained by multiplying— Table 12-11 of NEMA MG-1 (2006) (or a suc- have an Energy Factor that meets or exceeds (1) the amount of the bid by the manufac- cessor table). the following values: turer of the high-efficiency consumer prod- ‘‘(C) DESIGN B, GENERAL PURPOSE ELECTRIC uct; and MOTORS.—A NEMA Design B, general purpose Min- (2) the energy savings during the projected electric motor with a power rating of not imum useful life of the high-efficiency consumer less than 201, and not more than 500, horse- Product Capacity (pints/day): Energy product, not to exceed 10 years, as deter- Factor mined under regulations issued by the Sec- power manufactured (alone or as a compo- liters/ nent of another piece of equipment) after the kWh retary. 3-year period beginning on the date of the TITLE III—PROMOTING HIGH EFFICIENCY enactment of this subparagraph shall have a Up to 35.00 ...... 1.35 VEHICLES, ADVANCED BATTERIES, AND nominal full load efficiency established in 35.01–45.00 ...... 1.50 ENERGY STORAGE 45.01–54.00 ...... 1.60 Table 12-11 of NEMA MG-1 (2006) (or a suc- SEC. 301. LIGHTWEIGHT MATERIALS RESEARCH cessor table).’’. 54.01–75.00 ...... 1.70 Greater than 75.00 ...... 2.5.’’ AND DEVELOPMENT. (c) EFFECTIVE DATE.—The amendments (a) IN GENERAL.—As soon as practicable made by this section take effect on the date (e) ENERGY STAR PROGRAM.—Section after the date of enactment of this Act, the that is 3 years after the date of enactment of 324A(d)(2) of the Energy Policy and Con- Secretary shall establish a research and de- this Act. servation Act (42 U.S.C. 6294a(d)(2)) is amend- velopment program to determine ways in SEC. 210. ENERGY STANDARDS FOR HOME APPLI- ed by striking ‘‘2010’’ and inserting ‘‘2009’’. which— ANCES. SEC. 211. IMPROVED ENERGY EFFICIENCY FOR (1) the weight of vehicles may be reduced (a) DEFINITION OF ENERGY CONSERVATION APPLIANCES AND BUILDINGS IN to improve fuel efficiency without compro- STANDARD.—Section 321(6)(A) of the Energy COLD CLIMATES. mising passenger safety; and Policy and Conservation Act (42 U.S.C. (a) RESEARCH.—Section 911(a)(2) of the En- (2) the cost of lightweight materials (such 6291(6)(A)) is amended by striking ‘‘or, in the ergy Policy Act of 2005 (42 U.S.C. 16191(a)(2)) as steel alloys and carbon fibers) required for case of’’ and inserting ‘‘and, in the case of is amended— the construction of lighter-weight vehicles residential clothes washers, residential dish- (1) in subparagraph (C), by striking ‘‘and’’ may be reduced. washers,’’. at the end; (b) AUTHORIZATION OF APPROPRIATIONS.— (b) REFRIGERATORS, REFRIGERATOR-FREEZ- (2) in subparagraph (D), by striking the pe- There is authorized to be appropriated to ERS, AND FREEZERS.—Section 325(b) of the riod at the end and inserting ‘‘; and’’; and carry out this section $60,000,000 for each of Energy Policy and Conservation Act (42 (3) by adding at the end the following: fiscal years 2007 through 2012.

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4500 CONGRESSIONAL RECORD — SENATE April 16, 2007 SEC. 302. LOAN GUARANTEES FOR FUEL-EFFI- (A) qualifying advanced technology vehi- with the Secretary, the Council shall develop CIENT AUTOMOBILE PARTS MANU- cles; or 5-year plans for integrating basic and applied FACTURERS. (B) qualifying components; and research so that the United States retains a (a) IN GENERAL.—Section 712(a) of the En- (2) engineering integration performed in globally competitive domestic energy stor- ergy Policy Act of 2005 (42 U.S.C. 16062(a)) is the United States of qualifying vehicles and age industry for motor transportation and amended in the second sentence by striking qualifying components. electricity transmission and distribution. ‘‘grants to automobile manufacturers’’ and (c) PERIOD OF AVAILABILITY.—An award (E) REVIEW.—The Council shall— inserting ‘‘grants and loan guarantees under under subsection (b) shall apply to— (i) assess the performance of the Depart- section 1703 to automobile manufacturers (1) facilities and equipment placed in serv- and suppliers’’. ment in meeting the goals of the plans devel- ice before December 30, 2017; and oped under subparagraph (D); and (b) CONFORMING AMENDMENT.—Section (2) engineering integration costs incurred 1703(b) of the Energy Policy Act of 2005 (42 (ii) make specific recommendations to the during the period beginning on the date of Secretary on programs or activities that U.S.C. 16513(b)) is amended by by striking enactment of this Act and ending on Decem- paragraph (8) and inserting the following: should be established or terminated to meet ber 30, 2017. those goals. ‘‘(8) Production facilities for the manufac- (d) IMPROVEMENT.—The Secretary shall (4) BASIC RESEARCH PROGRAM.— ture of fuel efficient vehicles or parts of issue regulations that require that, in order those vehicles, including electric drive trans- for an automobile manufacturer to be eligi- (A) BASIC RESEARCH.—The Secretary shall portation technology and advanced diesel ve- ble for an award under this section during a conduct a basic research program on energy hicles.’’. particular year, the adjusted average fuel storage systems to support motor transpor- SEC. 303. ADVANCED TECHNOLOGY VEHICLES economy of the manufacturer for light duty tation and electricity transmission and dis- MANUFACTURING INCENTIVE PRO- vehicles produced by the manufacturer dur- tribution, including— GRAM. ing the most recent year for which data are (i) materials design; (a) DEFINITIONS.—In this section: available shall be not less than the average (ii) materials synthesis and characteriza- (1) ADJUSTED AVERAGE FUEL ECONOMY.—The fuel economy for all light duty vehicles of tion; term ‘‘adjusted average fuel economy’’ the manufacturer for model year 2002. (iii) electrolytes, including bioelectrolytes; means the average fuel economy of a manu- SEC. 304. ENERGY STORAGE COMPETITIVENESS. (iv) surface and interface dynamics; and facturer for all light duty vehicles produced (a) SHORT TITLE.—This section may be (v) modeling and simulation. by the manufacturer, adjusted such that the cited as the ‘‘United States Energy Storage (B) NANOSCIENCE CENTERS.—The Secretary fuel economy of each vehicle that qualifies Competitiveness Act of 2007’’. shall ensure that the nanoscience centers of for an award shall be considered to be equal (b) ENERGY STORAGE SYSTEMS FOR MOTOR the Department— to the average fuel economy for vehicles of a TRANSPORTATION AND ELECTRICITY TRANS- (i) support research in the areas described similar footprint for model year 2002. MISSION AND DISTRIBUTION.— in subparagraph (A), as part of the mission of DVANCED TECHNOLOGY VEHICLE (2) A .—The (1) DEFINITIONS.—In this subsection: the centers; and term ‘‘advanced technology vehicle’’ means (A) COUNCIL.—The term ‘‘Council’’ means (ii) coordinate activities of the centers a light duty vehicle that meets— the Energy Storage Advisory Council estab- with activities of the Council. (A) the Bin 5 Tier II emission standard es- lished under paragraph (3). (5) APPLIED RESEARCH PROGRAM.—The Sec- tablished in regulations issued by the Ad- (B) COMPRESSED AIR ENERGY STORAGE.—The retary shall conduct an applied research pro- ministrator of the Environmental Protection term ‘‘compressed air energy storage’’ gram on energy storage systems to support Agency under section 202(i) of the Clean Air means, in the case of an electricity grid ap- motor transportation and electricity trans- Act (42 U.S.C. 7521(i)), or a lower-numbered plication, the storage of energy through the mission and distribution technologies, in- Bin emission standard; compression of air. cluding— (B) any new emission standard for fine par- (C) DEPARTMENT.—The term ‘‘Department’’ (A) ultracapacitors; ticulate matter prescribed by the Adminis- means the Department of Energy. (B) flywheels; trator under that Act (42 U.S.C. 7401 et seq.); (D) FLYWHEEL.—The term ‘‘flywheel’’ (C) compressed air energy systems; and means, in the case of an electricity grid ap- (D) power conditioning electronics; and (C) at least 125 percent of the average base plication, a device used to store rotational (E) manufacturing technologies for energy year combined fuel economy for vehicles of a kinetic energy. storage systems. substantially similar footprint. (E) ULTRACAPACITOR.—The term (6) ENERGY STORAGE RESEARCH CENTERS.— (3) COMBINED FUEL ECONOMY.—The term ‘‘combined fuel economy’’ means— ‘‘ultracapacitor’’ means an energy storage (A) IN GENERAL.—The Secretary shall es- (A) the combined city/highway miles per device that has a power density comparable tablish, through competitive bids, 4 energy gallon values, as reported in accordance with to conventional capacitors but capable of ex- storage research centers to translate basic section 32908 of title 49, United States Code; ceeding the energy density of conventional research into applied technologies to ad- and capacitors by several orders of magnitude. vance the capability of the United States to (B) in the case of an electric drive vehicle (2) PROGRAM.—The Secretary shall carry maintain a globally competitive posture in with the ability to recharge from an off- out a research, development, and demonstra- energy storage systems for motor transpor- board source, the reported mileage, as deter- tion program to support the ability of the tation and electricity transmission and dis- mined in a manner consistent with the Soci- United States to remain globally competi- tribution. ety of Automotive Engineers Recommended tive in energy storage systems for motor (B) PROGRAM MANAGEMENT.—The centers Practice J1711 or a similar practice rec- transportation and electricity transmission shall be jointly managed by the Under Sec- ommended by the Secretary . and distribution. retary for Science and the Under Secretary (4) ENGINEERING INTEGRATION COSTS.—The (3) ENERGY STORAGE ADVISORY COUNCIL.— of Energy of the Department. term ‘‘engineering integration costs’’ in- (A) ESTABLISHMENT.—Not later than 90 (C) PARTICIPATION AGREEMENTS.—As a con- cludes the cost of engineering tasks relating days after the date of enactment of this Act, dition of participating in a center, a partici- to— the Secretary shall establish an Energy pant shall enter into a participation agree- (A) incorporating qualifying components Storage Advisory Council. ment with the center that requires that ac- into the design of advanced technology vehi- (B) COMPOSITION.— tivities conducted by the participant for the cles; and (i) IN GENERAL.—Subject to clause (ii), the center promote the goal of enabling the (B) designing new tooling and equipment Council shall consist of not less than 15 indi- United States to compete successfully in for production facilities that produce quali- viduals appointed by the Secretary, based on global energy storage markets. fying components or advanced technology recommendations of the National Academy (D) PLANS.—A center shall conduct activi- vehicles. of Sciences. ties that promote the achievement of the (5) QUALIFYING COMPONENTS.—The term (ii) ENERGY STORAGE INDUSTRY.—The Coun- goals of the plans of the Council under para- ‘‘qualifying components’’ means components cil shall consist primarily of representatives graph (3)(D). that the Secretary determines to be— of the energy storage industry of the United (E) COST SHARING.—In carrying out this (A) specially designed for advanced tech- States. paragraph, the Secretary shall require cost- nology vehicles; and (iii) CHAIRPERSON.—The Secretary shall se- sharing in accordance with section 988 of the (B) installed for the purpose of meeting the lect a Chairperson for the Council from Energy Policy Act of 2005 (42 U.S.C. 16352). performance requirements of advanced tech- among the members appointed under clause (F) NATIONAL LABORATORIES.—A national nology vehicles. (i) laboratory (as defined in section 2 of the En- (b) MANUFACTURER FACILITY CONVERSION (C) MEETINGS.— ergy Policy Act 2005 (42 U.S.C. 15801)) may AWARDS.—The Secretary shall provide facil- (i) IN GENERAL.—The Council shall meet participate in a center established under this ity conversion funding awards under this not less than once a year. paragraph as part of a cooperative research section to automobile manufacturers and (ii) FEDERAL ADVISORY COMMITTEE ACT.— and development agreement (as defined in component suppliers to pay not more than 30 The Federal Advisory Committee Act (5 section 12(d) of the Stevenson-Wydler Tech- percent of the cost of— U.S.C. App. 2) shall apply to a meeting of the nology Innovation Act of 1980 (15 U.S.C. (1) reequipping or expanding an existing Council. 3710a(d))). manufacturing facility in the United States (D) PLANS.—No later than 1 year after the (G) INTELLECTUAL PROPERTY.—A partici- to produce— date of enactment of this Act, in conjunction pant in a center under this paragraph shall

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2007 CONGRESSIONAL RECORD — SENATE S4501 have a royalty-free, exclusive nontransfer- that provides appropriate opportunities for make available to the public, the initial able license to intellectual property that the public comment. strategic plan developed under subsection (b) center invents from funding received under (d) PLAN CONTENTS.—The strategic plan and each updated plan. this subsection. shall— (f) NATIONAL ACTION PLAN ON ENERGY EFFI- (7) REVIEW BY NATIONAL ACADEMY OF (1) establish future regulatory, funding, CIENCY.—The Administrator of the Environ- SCIENCES.—Not later than 5 years after the and policy priorities to ensure compliance mental Protection Agency and the Sec- date of enactment of this Act, the Secretary with the national goals; retary, with the heads of other Federal agen- shall offer to enter into an arrangement with (2) include energy savings estimates for cies as appropriate, shall continue to support the National Academy of Sciences to assess each sector; and maintenance and updating of the National the performance of the Department in mak- (3) include data collection methodologies Action Plan on Energy Efficiency to help in- ing the United States globally competitive and compilations used to establish baseline form the development of the strategic plan in energy storage systems for motor trans- and energy savings data. under subsection (b). portation and electricity transmission and (e) PLAN UPDATES.— SEC. 403. NATIONWIDE MEDIA CAMPAIGN TO IN- distribution. (1) IN GENERAL.—The Secretary shall— CREASE ENERGY EFFICIENCY. (8) AUTHORIZATION OF APPROPRIATIONS.— (A) update the strategic plan biennially; (a) IN GENERAL.—The Secretary, acting There are authorized to be appropriated to and through the Assistant Secretary for Energy carry out— (B) include the updated strategic plan in Efficiency and Renewable Energy (referred (A) the basic research program under para- the national energy policy plan required by to in this section as the ‘‘Secretary’’), shall graph (4) $50,000,000 for each of fiscal years section 801 of the Department of Energy Or- develop and conduct a national media cam- 2008 through 2017; ganization Act (42 U.S.C. 7321). paign for the purpose of increasing energy ef- (B) the applied research program under (2) CONTENTS.—In updating the plan, the ficiency throughout the economy of the paragraph (5) $80,000,000 for each of fiscal Secretary shall— United States over the next decade. years 2008 through 2017; and; (A) report on progress made toward imple- (b) CONTRACT WITH ENTITY.—The Secretary (C) the energy storage research center pro- menting efficiency policies to achieve the shall carry out subsection (a) directly or gram under paragraph (6) $100,000,000 for each national goals established under subsection through— of fiscal years 2008 through 2017. (a); and (1) competitively bid contracts with 1 or (c) ADVANCED BATTERY AND ELECTRIC VEHI- (B) to the maximum extent practicable, more nationally recognized media firms for CLE TECHNOLOGY PROGRAM.— verify energy savings resulting from the the development and distribution of monthly (1) DEFINITIONS.—In this subsection: policies. television, radio, and newspaper public serv- (A) BATTERY.—The term ‘‘battery’’ means (f) REPORT TO CONGRESS AND PUBLIC.—The ice announcements; or an electrochemical energy storage device Secretary shall submit to Congress, and (2) collective agreements with 1 or more powered directly by electrical current. make available to the public, the initial nationally recognized institutes, businesses, (B) ELECTRIC DRIVE TRANSPORTATION TECH- strategic plan developed under subsection (c) or nonprofit organizations for the funding, NOLOGY.—The term ‘‘electric drive transpor- and each updated plan. development, and distribution of monthly tation technology’’ means vehicle systems SEC. 402. NATIONAL ENERGY EFFICIENCY IM- television, radio, and newspaper public serv- that use stored electrical energy to provide PROVEMENT GOALS. ice announcements. motive power, including electric motors and (a) GOALS.—The goals of the United States (c) USE OF FUNDS.— drivetrain systems. are— (1) IN GENERAL.—Amounts made available (2) PROGRAM.—The Secretary shall conduct (1) to achieve an improvement in the over- to carry out this section shall be used for the a program of research, development, dem- all energy productivity of the United States following: onstration, and commercial application for (measured in gross domestic product per unit (A) ADVERTISING COSTS.— batteries and electric drive transportation of energy input) of at least 2.5 percent per (i) The purchase of media time and space. technology, including— year by the year 2012; and (ii) Creative and talent costs. (A) batteries; (2) to maintain that annual rate of im- (iii) Testing and evaluation of advertising. (B) on-board and off-board charging compo- provement each year through 2030. (iv) Evaluation of the effectiveness of the nents; (b) STRATEGIC PLAN.— media campaign. (C) drivetrain systems; (1) IN GENERAL.—Not later than 1 year after (v) The negotiated fees for the winning bid- (D) vehicles systems integration; and the date of enactment of this Act, the Sec- der on requests from proposals issued either (E) control systems, including systems retary, in cooperation with the Adminis- by the Secretary for purposes otherwise au- that optimize for— trator of the Environmental Protection thorized in this section. (i) prolonging battery life; Agency and the heads of other appropriate (vi) Entertainment industry outreach, (ii) reduction of petroleum consumption; Federal agencies, shall develop a strategic interactive outreach, media projects and ac- and plan to achieve the national goals for im- tivities, public information, news media out- (iii) reduction of fossil fuel emissions. provement in energy productivity estab- reach, and corporate sponsorship and partici- (3) AUTHORIZATION OF APPROPRIATIONS.— lished under subsection (a). pation. There is authorized to be appropriated to (2) PUBLIC INPUT AND COMMENT.—The Sec- (B) ADMINISTRATIVE COSTS.—Operational carry out this subsection $200,000,000 for each retary shall develop the plan in a manner and management expenses. of fiscal years 2007 through 2012. that provides appropriate opportunities for (2) LIMITATIONS.—In carrying out this sec- TITLE IV—SETTING ENERGY EFFICIENCY public input and comment. tion, the Secretary shall allocate not less GOALS (c) PLAN CONTENTS.—The strategic plan than 85 percent of funds made available under subsection (e) for each fiscal year for SEC. 401. NATIONAL GOALS FOR ENERGY SAV- shall— INGS IN TRANSPORTATION. (1) establish future regulatory, funding, the advertising functions specified under (a) GOALS.—The goals of the United States and policy priorities to ensure compliance paragraph (1)(A). are to reduce gasoline usage in the United with the national goals; (d) REPORTS.—The Secretary shall annu- States from the levels projected under sub- (2) include energy savings estimates for ally submit to Congress a report that de- section (b) by— each sector; and scribes— (1) 20 percent by calendar year 2017; (3) include data collection methodologies (1) the strategy of the national media cam- (2) 35 percent by calendar year 2025; and and compilations used to establish baseline paign and whether specific objectives of the (3) 45 percent by calendar year 2030. and energy savings data. campaign were accomplished, including— (b) MEASUREMENT.—For purposes of sub- (d) PLAN UPDATES.— (A) determinations concerning the rate of section (a), reduction in gasoline usage shall (1) IN GENERAL.—The Secretary shall— change of energy consumption, in both abso- be measured from the estimates for each (A) update the strategic plan biennially; lute and per capita terms; and year in subsection (a) contained in the ref- and (B) an evaluation that enables consider- erence case in the report of the Energy Infor- (B) include the updated strategic plan in ation whether the media campaign contrib- mation Administration entitled ‘‘Annual En- the national energy policy plan required by uted to reduction of energy consumption; ergy Outlook 2007’’. section 801 of the Department of Energy Or- (2) steps taken to ensure that the national (c) STRATEGIC PLAN.— ganization Act (42 U.S.C. 7321). media campaign operates in an effective and (1) IN GENERAL.—Not later than 1 year after (2) CONTENTS.—In updating the plan, the efficient manner consistent with the overall the date of enactment of this Act, the Sec- Secretary shall— strategy and focus of the campaign; retary, in cooperation with the Adminis- (A) report on progress made toward imple- (3) plans to purchase advertising time and trator of the Environmental Protection menting efficiency policies to achieve the space; Agency and the heads of other appropriate national goals established under subsection (4) policies and practices implemented to Federal agencies, shall develop a strategic (a); and ensure that Federal funds are used respon- plan to achieve the national goals for reduc- (B) verify, to the maximum extent prac- sibly to purchase advertising time and space tion in gasoline usage established under sub- ticable, energy savings resulting from the and eliminate the potential for waste, fraud, section (a). policies. and abuse; and (2) PUBLIC INPUT AND COMMENT.—The Sec- (e) REPORT TO CONGRESS AND PUBLIC.—The (5) all contracts or cooperative agreements retary shall develop the plan in a manner Secretary shall submit to Congress, and entered into with a corporation, partnership,

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4502 CONGRESSIONAL RECORD — SENATE April 16, 2007 or individual working on behalf of the na- ‘‘(B) emergency motor vehicles; or ‘‘(A) a reduction’’; tional media campaign. ‘‘(C) motor vehicles acquired and used for (3) by striking the period at the end and in- (e) AUTHORIZATION OF APPROPRIATIONS.— military purposes that the Secretary of De- serting a semicolon; and There is authorized to be appropriated to fense has certified to the Secretary must be (4) by adding at the end the following: carry out this section $5,000,000 for each of exempt for national security reasons. ‘‘(B) the increased efficient use of an exist- fiscal years 2008 through 2012. ‘‘(d) ANNUAL REPORTS ON COMPLIANCE.— ing energy source by cogeneration or heat TITLE V—PROMOTING FEDERAL LEADER- The Secretary shall submit to Congress an recovery, and installation of renewable en- SHIP IN ENERGY EFFICIENCY AND RE- annual report that summarizes actions ergy systems; NEWABLE ENERGY taken by Federal agencies to comply with ‘‘(C) the sale or transfer of electrical or this section.’’. SEC. 501. FEDERAL FLEET CONSERVATION RE- thermal energy generated on-site, but in ex- QUIREMENTS. (2) TABLE OF CONTENTS AMENDMENT.—The cess of Federal needs, to utilities or non-Fed- (a) FEDERAL FLEET CONSERVATION REQUIRE- table of contents of the Energy Policy and eral energy users; and MENTS.— Conservation Act (42 U.S.C. prec. 6201) is ‘‘(D) the increased efficient use of existing (1) IN GENERAL.—Part J of title III of the amended by adding at the end of the items water sources in interior or exterior applica- Energy Policy and Conservation Act (42 relating to part J of title III the following: tions.’’. U.S.C. 6374 et seq.) is amended by adding at ‘‘Sec. 400FF. Federal fleet conservation re- (e) ENERGY AND COST SAVINGS IN NON- the end the following: quirements.’’. BUILDING APPLICATIONS.— (1) DEFINITIONS.—In this subsection: ‘‘SEC. 400FF. FEDERAL FLEET CONSERVATION (b) AUTHORIZATION OF APPROPRIATIONS.— REQUIREMENTS. There is authorized to be appropriated to (A) NONBUILDING APPLICATION.—The term ‘‘(a) MANDATORY REDUCTION IN PETROLEUM carry out the amendment made by this sec- ‘‘nonbuilding application’’ means— CONSUMPTION.— tion $10,000,000 for the period of fiscal years (i) any class of vehicles, devices, or equip- ‘‘(1) IN GENERAL.—The Secretary shall issue 2008 through 2013. ment that is transportable under the power regulations for Federal fleets subject to sec- SEC. 502. FEDERAL REQUIREMENT TO PURCHASE of the applicable vehicle, device, or equip- tion 400AA requiring that not later than Oc- ELECTRICITY GENERATED BY RE- ment by land, sea, or air and that consumes tober 1, 2015, each Federal agency achieve at NEWABLE ENERGY. energy from any fuel source for the purpose least a 20 percent reduction in petroleum Section 203 of the Energy Policy Act of of— consumption, and that each Federal agency 2005 (42 U.S.C. 15852) is amended by striking (I) that transportation; or increase alternative fuel consumption by 10 subsection (a) and inserting the following: (II) maintaining a controlled environment percent annually, as calculated from the ‘‘(a) REQUIREMENT.— within the vehicle, device, or equipment; and baseline established by the Secretary for fis- ‘‘(1) IN GENERAL.—The President, acting (ii) any federally-owned equipment used to cal year 2005. through the Secretary, shall ensure that, of generate electricity or transport water. ‘‘(2) PLAN.— the total quantity of domestic electric en- (B) SECONDARY SAVINGS.— ‘‘(A) REQUIREMENT.—The regulations shall ergy the Federal Government consumes dur- (i) IN GENERAL.—The term ‘‘secondary sav- require each Federal agency to develop a ing any fiscal year, the following percent- ings’’ means additional energy or cost sav- plan to meet the required petroleum reduc- ages shall be renewable energy from facili- ings that are a direct consequence of the en- tion levels and the alternative fuel consump- ties placed in service after January 1, 1999: ergy savings that result from the energy effi- tion increases. ‘‘(A) Not less than 10 percent in fiscal year ciency improvements that were financed and ‘‘(B) MEASURES.—The plan may allow an 2010. implemented pursuant to an energy savings agency to meet the required petroleum re- ‘‘(B) Not less than 15 percent in fiscal year performance contract. duction level through— 2015. (ii) INCLUSIONS.—The term ‘‘secondary sav- ‘‘(i) the use of alternative fuels; ‘‘(2) CAPITOL COMPLEX.—The Architect of ings’’ includes— ‘‘(ii) the acquisition of vehicles with higher the Capitol, in consultation with the Sec- (I) energy and cost savings that result fuel economy, including hybrid vehicles and retary, shall ensure that, of the total quan- from a reduction in the need for fuel delivery plug–in hybrid vehicles if the vehicles are tity of electric energy the Capitol complex and logistical support; commercially available; consumes during any fiscal year, the per- (II) personnel cost savings and environ- ‘‘(iii) the substitution of cars for light centages prescribed in paragraph (1) shall be mental benefits; and trucks; renewable energy. (III) in the case of electric generation ‘‘(iv) an increase in vehicle load factors; ‘‘(3) WAIVER AUTHORITY.—The President equipment, the benefits of increased effi- ‘‘(v) a decrease in vehicle miles traveled; may reduce or waive the requirement under ciency in the production of electricity, in- ‘‘(vi) a decrease in fleet size; and paragraph (1) on an annual basis, if the cluding revenues received by the Federal ‘‘(vii) other measures. President determines that the average gov- Government from the sale of electricity so ‘‘(b) FEDERAL EMPLOYEE INCENTIVE PRO- ernmentwide cost per kilowatt hour of com- produced. GRAMS FOR REDUCING PETROLEUM CONSUMP- plying with paragraph (1) will be more than (2) STUDY.— TION.— 50 percent higher than the average govern- (A) IN GENERAL.—As soon as practicable ‘‘(1) IN GENERAL.—Each Federal agency mentwide cost per kilowatt-hour for electric after the date of enactment of this Act, the shall actively promote incentive programs energy in the preceding year.’’. Secretary and the Secretary of Defense shall that encourage Federal employees and con- SEC. 503. ENERGY SAVINGS PERFORMANCE CON- jointly conduct, and submit to Congress and tractors to reduce petroleum through the use TRACTS. the President a report of, a study of the po- of practices such as— (a) RETENTION OF SAVINGS.—Section 546(c) tential for the use of energy savings perform- ‘‘(A) telecommuting; of the National Energy Conservation Policy ance contracts to reduce energy consump- ‘‘(B) public transit; Act (42 U.S.C. 8256(c)) is amended by striking tion and provide energy and cost savings in ‘‘(C) carpooling; and paragraph (5). nonbuilding applications. ‘‘(D) bicycling. (b) FINANCING FLEXIBILITY.—Section (B) REQUIREMENTS.—The study under this ‘‘(2) MONITORING AND SUPPORT FOR INCEN- 801(a)(2) of the National Energy Conservation subsection shall include— TIVE PROGRAMS.—The Administrator of Gen- Policy Act (42 U.S.C. 8287(a)(2)) is amended (i) an estimate of the potential energy and eral Services, the Director of the Office of by adding at the end the following: cost savings to the Federal Government, in- Personnel Management, and the Secretary of ‘‘(E) SEPARATE CONTRACTS.—In carrying cluding secondary savings and benefits, from Energy shall monitor and provide appro- out a contract under this title, a Federal increased efficiency in nonbuilding applica- priate support to agency programs described agency may— tions; in paragraph (1). ‘‘(i) enter into a separate contract for en- (ii) an assessment of the feasibility of ex- ‘‘(3) RECOGNITION.—The Secretary may es- ergy services and conservation measures tending the use of energy savings perform- tablish a program under which the Secretary under the contract; and ance contracts to nonbuilding applications, recognizes private sector employers and ‘‘(ii) provide all or part of the financing including an identification of any regulatory State and local governments for outstanding necessary to carry out the contract.’’. or statutory barriers to such use; and programs to reduce petroleum usage through (c) SUNSET AND REPORTING REQUIRE- (iii) such recommendations as the Sec- practices described in paragraph (1). MENTS.—Section 801 of the National Energy retary and Secretary of Defense determine to ‘‘(c) REPLACEMENT TIRES.— Conservation Policy Act (42 U.S.C. 8287) is be appropriate. ‘‘(1) IN GENERAL.—Except as provided in amended by striking subsection (c). SEC. 504. ENERGY MANAGEMENT REQUIREMENTS paragraph (2), the regulations issued under (d) DEFINITION OF ENERGY SAVINGS.—Sec- FOR FEDERAL BUILDINGS. subsection (a)(1) shall include a requirement tion 804(2) of the National Energy Conserva- Section 543(a)(1) of the National Energy that, to the maximum extent practicable, tion Policy Act (42 U.S.C. 8287c(2)) is amend- Conservation Policy Act (42 U.S.C. 8253(a)(1)) each Federal agency purchase energy-effi- ed— is amended by striking the table and insert- cient replacement tires for the respective (1) by redesignating subparagraphs (A), (B), ing the following: fleet vehicles of the agency. and (C) as clauses (i), (ii), and (iii), respec- ‘‘Fiscal Year Percentage reduction ‘‘(2) EXCEPTIONS.—This section does not tively, and indenting appropriately; 2006 ...... 2 apply to— (2) by striking ‘‘means a reduction’’ and in- 2007 ...... 4 ‘‘(A) law enforcement motor vehicles; serting ‘‘means— 2008 ...... 9

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0655 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2007 CONGRESSIONAL RECORD — SENATE S4503 ‘‘Fiscal Year Percentage reduction ‘‘(ii) If water is used to achieve energy effi- rate design, recognizing that energy effi- 2009 ...... 12 ciency, water conservation technologies ciency must be balanced with other objec- 2010 ...... 15 shall be applied to the extent that the tech- tives; 2011 ...... 18 nologies are life-cycle cost-effective.’’. ‘‘(iv) adopting rate designs that encourage 2012 ...... 21 SEC. 507. APPLICATION OF INTERNATIONAL EN- energy efficiency for each customer class; 2013 ...... 24 ERGY CONSERVATION CODE TO PUB- and 2014 ...... 27 LIC AND ASSISTED HOUSING. 2015 ...... 30.’’. ‘‘(v) allowing timely recovery of energy ef- Section 109 of the Cranston-Gonzalez Na- ficiency-related costs.’’. SEC. 505. COMBINED HEAT AND POWER AND DIS- tional Affordable Housing Act (42 U.S.C. (b) NATURAL GAS UTILITIES.—Section 303(b) TRICT ENERGY INSTALLATIONS AT 12709) is amended— FEDERAL SITES. of the Public Utility Regulatory Policies Act (1) in subsection (a)(2), by striking ‘‘the Section 543 of the National Energy Con- of 1978 (16 U.S.C. 3203(b)) is amended by add- servation Policy Act (42 U.S.C. 8253) is Council of American’’ and all that follows ing at the end the following: amended by adding at the end the following: through ‘‘2003’’ and inserting ‘‘the 2006’’; ‘‘(5) ENERGY EFFICIENCY.—Each natural gas ‘‘(f) COMBINED HEAT AND POWER AND DIS- (2) in subsection (b)— utility shall— TRICT ENERGY INSTALLATIONS AT FEDERAL (A) in the heading, by striking ‘‘MODEL EN- ‘‘(A) integrate energy efficiency resources SITES.— ERGY CODE.—’’ and inserting ‘‘INTERNATIONAL into the plans and planning processes of the ‘‘(1) IN GENERAL.—Not later than 1 year ENERGY CONSERVATION CODE.—’’; and natural gas utility; and after the date of enactment of this sub- (B) by striking ‘‘CABO’’ and all that fol- ‘‘(B) adopt policies that establish energy section, the Secretary, in consultation with lows through ‘‘2003’’ and inserting ‘‘the 2006’’; efficiency as a priority resource in the plans the Administrator of General Services and (3) in subsection (c)— and planning processes of the natural gas the Secretary of Defense, shall identify Fed- (A) in the heading, by striking ‘‘MODEL EN- utility. eral sites that could achieve significant cost- ERGY CODE AND’’; and ‘‘(6) RATE DESIGN MODIFICATIONS TO PRO- effective energy savings through the use of (B) by striking ‘‘CABO’’ and all that fol- MOTE ENERGY EFFICIENCY INVESTMENTS.— combined heat and power or district energy lows through ‘‘2003’’ and inserting ‘‘the 2006’’; ‘‘(A) IN GENERAL.—The rates allowed to be installations. and charged by a natural gas utility shall align ‘‘(2) INFORMATION AND TECHNICAL ASSIST- (4) by adding at the end the following: utility incentives with the deployment of ‘‘(d) FAILURE TO AMEND THE STANDARDS.— ANCE.—The Secretary shall provide agencies cost-effective energy efficiency. Not later than 1 year after the requirements with information and technical assistance ‘‘(B) POLICY OPTIONS.—In complying with of the 2006 International Energy Conserva- that will enable the agencies to take advan- subparagraph (A), each State regulatory au- tion Code are revised, if the Secretaries have tage of the energy savings described in para- thority and each nonregulated utility shall not amended the energy efficiency standards graph (1). consider— under this section or made a determination ‘‘(3) ENERGY PERFORMANCE REQUIRE- ‘‘(i) separating fixed-cost revenue recovery under subsection (c), and if the Secretary of from the volume of transportation or sales MENTS.—Any energy savings from the instal- Energy has made a determination under sec- service provided to the customer; lations described in paragraph (1) may be ap- tion 304 of the Energy Conservation and Pro- plied to meet the energy performance re- duction Act (42 U.S.C. 6833) that such revised ‘‘(ii) providing to utilities incentives for quirements for an agency under subsection International Energy Conservation Code the successful management of energy effi- (a)(1).’’. would improve energy efficiency, all new ciency programs, such as allowing utilities SEC. 506. FEDERAL BUILDING ENERGY EFFI- construction of housing described in sub- to retain a portion of the cost-reducing bene- CIENCY PERFORMANCE STANDARDS. section (a) shall meet the requirements of fits accruing from the programs; Section 305(a)(3) of the Energy Conserva- such revised International Energy Conserva- ‘‘(iii) promoting the impact on adoption of tion and Production Act (42 U.S.C. 6834(a)(3)) tion Code.’’. energy efficiency as 1 of the goals of retail is amended by striking ‘‘(3)(A)’’ and all that rate design, recognizing that energy effi- TITLE VI—ASSISTING STATE AND LOCAL follows through the end of subparagraph (A) ciency must be balanced with other objec- GOVERNMENTS IN ENERGY EFFICIENCY and inserting the following: tives; and ‘‘(3) FEDERAL BUILDING ENERGY EFFICIENCY SEC. 601. WEATHERIZATION ASSISTANCE FOR ‘‘(iv) adopting rate designs that encourage LOW-INCOME PERSONS. PERFORMANCE STANDARDS.— energy efficiency for each customer class.’’. Section 422 of the Energy Conservation and ‘‘(A) IN GENERAL.—Not later than 1 year Production Act (42 U.S.C. 6872) is amended SEC. 604. ENERGY EFFICIENCY AND DEMAND RE- after the date of enactment of the Energy Ef- by striking ‘‘$700,000,000 for fiscal year 2008’’ SPONSE PROGRAM ASSISTANCE. ficiency Promotion Act of 2007, the Sec- and inserting ‘‘$750,000,000 for each of fiscal The Secretary shall provide technical as- retary shall establish, by rule, revised Fed- years 2008 through 2012’’. sistance regarding the design and implemen- eral building energy efficiency performance SEC. 602. STATE ENERGY CONSERVATION PLANS. tation of the energy efficiency and demand standards that require that: Section 365(f) of the Energy Policy and response programs established under this ‘‘(i) For new Federal buildings and Federal Conservation Act (42 U.S.C. 6325(f)) is amend- title, and the amendments made by this buildings undergoing major renovations: ed by striking ‘‘fiscal year 2008’’ and insert- title, to State energy offices, public utility ‘‘(I) The buildings be designed to achieve ing ‘‘each of fiscal years 2008 through 2012’’. regulatory commissions, and nonregulated energy consumption levels that are at least SEC. 603. UTILITY ENERGY EFFICIENCY PRO- utilities through the appropriate national 30 percent below the levels established in the GRAMS. laboratories of the Department of Energy. version of the ASHRAE Standard or the (a) ELECTRIC UTILITIES.—Section 111(d) of SEC. 605. ENERGY AND ENVIRONMENTAL BLOCK International Energy Conservation Code, as the Public Utility Regulatory Policies Act of GRANT. appropriate, that is in effect as of the date of 1978 (16 U.S.C. 2621(d)) is amended by adding (a) DEFINITIONS.—In this section enactment of the Energy Efficiency Pro- at the end the following: (1) ELIGIBLE ENTITY.—The term ‘‘eligible motion Act of 2007. ‘‘(16) INTEGRATED RESOURCE PLANNING.— entity’’ means— ‘‘(II) The buildings be designed so that the Each electric utility shall— (A) a State; fossil fuel-generated energy consumption of ‘‘(A) integrate energy efficiency resources (B) an eligible unit of local government the buildings is reduced, as compared with into utility, State, and regional plans; and within a State; and the fossil fuel-generated energy consumption ‘‘(B) adopt policies establishing cost-effec- (C) the District of Columbia. by a similar Federal building in fiscal year tive energy efficiency as a priority resource. (2) ELIGIBLE UNIT OF LOCAL GOVERNMENT.— 2003 (as measured by Commercial Buildings ‘‘(17) RATE DESIGN MODIFICATIONS TO PRO- The term ‘‘eligible unit of local government’’ Energy Consumption Survey or Residential MOTE ENERGY EFFICIENCY INVESTMENTS.— means— Energy Consumption Survey data from the ‘‘(A) IN GENERAL.—The rates allowed to be (A) a city with a population of at least Energy Information Agency), by the percent- charged by any electric utility shall— 35,000; and age specified in the following table: ‘‘(i) align utility incentives with the deliv- (B) a county with a population of at least ery of cost-effective energy efficiency; and 200,000. ‘‘(ii) promote energy efficiency invest- (3) STATE.—The term ‘‘State’’ means— ments. (A) each of the several States of the United ‘‘Fiscal Year Percentage ‘‘(B) POLICY OPTIONS.—In complying with States; Reduction subparagraph (A), each State regulatory au- (B) the Commonwealth of Puerto Rico; 2007 ...... 50 2010 ...... 60 thority and each nonregulated utility shall (C) Guam; 2015 ...... 70 consider— (D) American Samoa; and 2020 ...... 80 ‘‘(i) removing the throughput incentive (E) the United States Virgin Islands. 2025 ...... 90 and other regulatory and management dis- (b) PURPOSE.—The purpose of this section 2030 ...... 100. incentives to energy efficiency; is to assist State and local governments in ‘‘(ii) providing utility incentives for the implementing strategies— ‘‘(III) Sustainable design principles are ap- successful management of energy efficiency (1) to reduce fossil fuel emissions created plied to the siting, design, and construction programs; as a result of activities within the bound- of all new and replacement buildings and ‘‘(iii) including the impact on adoption of aries of the States or units of local govern- major renovations of buildings. energy efficiency as 1 of the goals of retail ment;

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(2) to reduce the total energy use of the lating to the implementation of an environ- (2) CONDITION.—As a condition of receiving States and units of local government; and mentally beneficial energy strategy. a grant under this subsection, an institution (3) to improve energy efficiency in the (2) REQUIREMENTS.—To be eligible for a of higher education shall agree to— transportation sector, building sector, and grant under paragraph (1), an eligible entity (A) implement a public awareness cam- any other appropriate sectors. shall— paign in the community in which the insti- (c) PROGRAM.— (A) demonstrate to the satisfaction of the tution of higher education is located to pro- (1) IN GENERAL.—The Secretary shall pro- Secretary that the eligible entity meets the mote the project; and vide to eligible entities block grants to carry applicable criteria under subparagraph (B) submit to the Secretary, and make out eligible activities (as specified under (B)(ii) or (C)(ii) of subsection (c)(3); and available to the public, reports on any im- paragraph (2)) relating to the implementa- (B) submit to the Secretary for approval a provements achieved as part of a project car- tion of environmentally beneficial energy plan that describes the activities to be fund- ried out under paragraph (1). strategies. ed by the grant. (c) GRANTS FOR INNOVATION IN ENERGY SUS- (2) ELIGIBLE ACTIVITIES.—The Secretary, in (3) COST-SHARING REQUIREMENT.— TAINABILITY.— consultation with the Administrator of the (A) FEDERAL SHARE.—The Federal share of (1) IN GENERAL.—The Secretary shall award Environmental Protection Agency, the Sec- the cost of carrying out any activities under not more than 250 grants to institutions of retary of Transportation, and the Secretary this subsection shall be 75 percent. higher education to engage in innovative en- of Housing and Urban Development, shall es- (B) NON-FEDERAL SHARE.— ergy sustainability projects, including not tablish a list of activities that are eligible (i) FORM.—Not more than 50 percent of the less than 2 grants to institutions of higher for assistance under the grant program. non-Federal share may be in the form of in- education in each State. (3) ALLOCATION TO STATES AND ELIGIBLE kind contributions. (2) INNOVATION PROJECTS.—An innovation UNITS OF LOCAL GOVERNMENT.— (ii) LIMITATION.—Amounts provided to an project carried out with a grant under this (A) IN GENERAL.—Of the amounts made eligible entity under subsection (c) shall not subsection shall— available to provide grants under this sub- be used toward the non-Federal share. (A) involve an innovative technology that section, the Secretary shall allocate— (4) MAINTENANCE OF EFFORT.—An eligible is not yet commercially available; (i) 70 percent to eligible units of local gov- entity shall provide assurances to the Sec- (B) have the greatest potential for testing ernment; and retary that funds provided to the eligible en- or modeling new technologies or processes; (ii) 30 percent to States. tity under this subsection will be used only and (B) DISTRIBUTION TO ELIGIBLE UNITS OF to supplement, not to supplant, the amount (C) ensure active student participation in LOCAL GOVERNMENT.— of Federal, State, and local funds otherwise the project, including the planning, imple- (i) IN GENERAL.—The Secretary shall estab- expended by the eligible entity for eligible mentation, evaluation, and other phases of lish a formula for the distribution of activities under this subsection. the project. amounts under subparagraph (A)(i) to eligi- (5) AUTHORIZATION OF APPROPRIATIONS.— (3) CONDITION.—As a condition of receiving ble units of local government, taking into There are authorized to be appropriated such a grant under this subsection, an institution account any factors that the Secretary de- sums as are necessary to carry out this sub- of higher education shall agree to submit to termines to be appropriate, including the section for each of fiscal years 2008 through the Secretary, and make available to the residential and daytime population of the el- 2012. public, reports that describe the results of igible units of local government. the projects carried out under paragraph (1). (ii) CRITERIA.—Amounts shall be distrib- (e) GRANTS TO OTHER STATES AND COMMU- (d) AWARDING OF GRANTS.— uted to eligible units of local government NITIES.— under clause (i) only if the eligible units of (1) IN GENERAL.—Of the total amount of (1) APPLICATION.—An institution of higher local government meet the criteria for dis- funds that are made available each fiscal education that seeks to receive a grant tribution established by the Secretary for year to carry out this section, the Secretary under this section may submit to the Sec- units of local government. shall use 2 percent of the amount to make retary an application for the grant at such time, in such form, and containing such in- (C) DISTRIBUTION TO STATES.— competitive grants under this section to formation as the Secretary may prescribe. (i) IN GENERAL.—Of the amounts provided States and units of local government that to States under subparagraph (A)(ii), the are not eligible entities or to consortia of (2) SELECTION.—The Secretary shall estab- Secretary shall distribute— such units of local government. lish a committee to assist in the selection of (I) at least 1.25 percent to each State; and (2) APPLICATIONS.—To be eligible for a grant recipients under this section. (II) the remainder among the States, based grant under this subsection, a State, unit of (e) ALLOCATION TO INSTITUTIONS OF HIGHER on a formula, to be determined by the Sec- local government, or consortia described in EDUCATION WITH SMALL ENDOWMENTS.—Of retary, that takes into account the popu- paragraph (1) shall apply to the Secretary for the amount of grants provided for a fiscal lation of the States and any other criteria a grant to carry out an activity that would year under this section, the Secretary shall that the Secretary determines to be appro- otherwise be eligible for a grant under sub- provide not less 50 percent of the amount to priate. section (c) or (d). institutions of higher education that have an endowment of not more than $100,000,000, (ii) CRITERIA.—Amounts shall be distrib- (3) PRIORITY.—In awarding grants under uted to States under clause (i) only if the this subsection, the Secretary shall give pri- with 50 percent of the allocation set aside for States meet the criteria for distribution es- ority to— institutions of higher education that have an tablished by the Secretary for States. (A) States with populations of less than endowment of not more than $50,000,000. (f) GRANT AMOUNTS.—The maximum (iii) LIMITATION ON USE OF STATE FUNDS.— 2,000,000; and At least 40 percent of the amounts distrib- (B) projects that would result in signifi- amount of grants for a project under this uted to States under this subparagraph shall cant energy efficiency improvements, reduc- section shall not exceed— be used by the States for the conduct of eli- tions in fossil fuel use, or capital improve- (1) in the case of grants for energy effi- gible activities in nonentitlement areas in ments. ciency improvement under subsection (b), $1,000,000; or. the States, in accordance with any criteria SEC. 606. ENERGY SUSTAINABILITY AND EFFI- established by the Secretary. (2) in the case of grants for innovation in CIENCY GRANTS FOR INSTITUTIONS energy sustainability under subsection (c), (4) REPORT.—Not later than 2 years after OF HIGHER EDUCATION. the date on which an eligible entity first re- $500,000. (a) DEFINITIONS.—In this section: ceives a grant under this section, and every (g) AUTHORIZATION OF APPROPRIATIONS.— (1) ENERGY SUSTAINABILITY.—The term ‘‘en- 2 years thereafter, the eligible entity shall There are authorized to be appropriated such ergy sustainability’’ includes using a renew- submit to the Secretary a report that de- sums as are necessary to carry out this sec- able energy resource and a highly efficient scribes any eligible activities carried out tion for each of fiscal years 2008 through 2012. technology for electricity generation, trans- using assistance provided under this sub- SEC. 607. WORKFORCE TRAINING. portation, heating, or cooling. section. Section 1101 of the Energy Policy Act of (2) INSTITUTION OF HIGHER EDUCATION.—The (5) AUTHORIZATION OF APPROPRIATIONS.— 2005 (42 U.S.C. 16411) is amended— term ‘‘institution of higher education’’ has There are authorized to be appropriated such (1) by redesignating subsection (d) as sub- the meaning given the term in section 2 of sums as are necessary to carry out this sub- section (e); and the Energy Policy Act of 2005 (42 U.S.C. section for each of fiscal years 2008 through (2) by inserting after subsection (c) the fol- 15801). 2012. lowing: (d) ENVIRONMENTALLY BENEFICIAL ENERGY (b) GRANTS FOR ENERGY EFFICIENCY IM- ‘‘(d) WORKFORCE TRAINING.— STRATEGIES SUPPLEMENTAL GRANT PRO- PROVEMENT.— ‘‘(1) IN GENERAL.—The Secretary, in co- GRAM.— (1) IN GENERAL.—The Secretary shall award operation with the Secretary of Labor, shall (1) IN GENERAL.—The Secretary shall pro- not more than 100 grants to institutions of promulgate regulations to implement a pro- vide to each eligible entity that meets the higher education to carry out projects to im- gram to provide workforce training to meet applicable criteria under subparagraph prove energy efficiency on the grounds and the high demand for workers skilled in the (B)(ii) or (C)(ii) of subsection (c)(3) a supple- facilities of the institution of higher edu- energy efficiency and renewable energy in- mental grant to pay the Federal share of the cation, including not less than 1 grant to an dustries. total costs of carrying out an eligible activ- institution of higher education in each ‘‘(2) CONSULTATION.—In carrying out this ity (as specified under subsection (c)(2)) re- State. subsection, the Secretary shall consult with

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2007 CONGRESSIONAL RECORD — SENATE S4505 representatives of the energy efficiency and particular, I am very interested in the efficiency area. I look forward to work- renewable energy industries concerning Energy Department’s views on this ing with Senator BINGAMAN, the admin- skills that are needed in those industries.’’. bill, and the committee will conduct a istration, and all affected stakeholders SEC. 608. ASSISTANCE TO STATES TO REDUCE hearing next week at which the De- as we move forward on this bill. SCHOOL BUS IDLING. (a) STATEMENT OF POLICY.—Congress en- partment will testify. courages each local educational agency (as The Energy Efficiency Promotion By Mr. BOND (for himself and defined in section 9101(26) of the Elementary Act of 2007 represents over $12 billion Mr. DODD): and Secondary Education Act of 1965 (20 in net present benefits for consumers. S. 1117. A bill to establish a grant U.S.C. 7801(26))) that receives Federal funds Potential electricity savings of 50 bil- program to provide vision care to chil- under the Elementary and Secondary Edu- lion kilowatt hours per year equal dren, and for other purposes; to the cation Act of 1965 (20 U.S.C. 6301 et seq.) to enough energy savings to power almost Committee on Health, Education, develop a policy to reduce the incidence of 5 million households. Potential natural Labor, and Pensions. school bus idling at schools while picking up Mr. BOND. Mr. President, children and unloading students. gas savings of 170 million therms per (b) AUTHORIZATION OF APPROPRIATIONS.— year equal enough energy savings to endure a lot. They cannot always tell There are authorized to be appropriated to heat 250,000 households. And water sav- us what’s wrong. Often they do not the Secretary, working in coordination with ings from the legislation amount to know themselves. So it takes a special the Secretary of Education, $5,000,000 for about 560 million gallons per day. person to work with young people and each of fiscal years 2007 through 2012 for use This bill presses for better energy ef- help identify their problems. Every in educating States and local education ficiency in the Federal Government— child deserves the opportunity to reach agencies about— their full potential, but it takes more (1) benefits of reducing school bus idling; the appropriate place to start. Title I and focuses on the promotion of energy-ef- than a book-bag full of pencils, paper, (2) ways in which school bus idling may be ficient lighting technologies within books and rulers to equip children with reduced. Federal Government and requires all the tools necessary to succeed in Mr. DOMENICI. Mr. President, over general purpose lighting in Federal school. 18 months ago, the President signed buildings to be Energy Star rated or The most important tool kids will into law the Energy Policy Act of 2005. designated as efficient by the Federal take to school is their eyes. Good vi- The enactment of that comprehensive Energy Management Program. Title I sion is critical to learning. 80 percent legislation was a watershed event in also contains a sense of the Senate of what kids learn in their early school structuring sound Energy policy for that Federal policies be adopted on ef- years is visual. Unfortunately, we over- this Nation’s future. We did a great ficient lightbulb standards. look that fact sometimes. According to deal in that energy bill on energy con- Title II, which deals with energy effi- the CDC only one in three children re- servation and improved energy effi- ciency standards, sets forth a number ceive any form of preventive vision ciency. of consensus standards on such prod- care before entering school. That EPAct implemented new efficiency ucts as residential boilers, clothes means many kids are in school with an standards for 15 large commercial and washers, dishwashers, dehumidifiers, undetected vision problem. One in four residential appliances that have, in the and electric motors. Such efficiency children has a vision problem that can past, consumed a great deal of energy, standards have the potential to save interfere with learning. Some children such as commercial washers, refrig- significant amounts of energy. This are even labeled ‘‘disruptive’’ or erators, freezers, air-conditioners, and title also provides DOE with the au- thought to have a learning disability icemakers. In response to that man- thority to expedite rulemakings for en- when the real reason for their dif- date, the Department of Energy codi- ergy-efficient consensus standards. ficulty is an undetected vision prob- fied 15 new efficiency standards. Be- Title III promotes high efficiency ve- lem. cause of these new standards alone, we hicles, advanced batteries, and energy Without any vision care, some of our will save 50,000 megawatts of off-peak storage. It provides for lightweight ma- children will continue to fall through electricity use by 2020—which is an en- terials research and development and the cracks. I sympathize with these ergy savings equal to more than eighty loan guarantee the manufacture of kids because I suffer from permanent 600-megawatt power plants. fuel-efficient vehicle parts, including vision loss in one eye as a result of EPAct also encourages consumers to hybrid and advanced diesel vehicles. undiagnosed Amblyopia in childhood. make their homes more energy effi- Title IV sets forth national energy Amblyopia is the number one cause of cient by giving them a 10-percent per- savings goals in the areas of transpor- vision loss in young Americans. If dis- sonal tax credit for energy efficient im- tation and the Nation’s energy produc- covered and treated early, vision loss provements. Additionally, home- tivity. This title extends the Presi- from Amblyopia can be largely pre- builders get a business tax credit for dent’s goal for gasoline savings and vented. Had I been identified and treat- the construction of new homes that further seeks to improve the Nation’s ed before I entered school, I could have meet a 30-percent energy reduction overall energy productivity. avoided a lifetime of vision loss. Par- standard. The law aids businesses in Title V calls for increased federal ents are not always aware that their saving energy by providing a deduction leadership in energy efficiency and re- child may suffer from a vision problem. for energy-efficient commercial build- newable energy. It directs DOE to re- By educating parents on the impor- ings meeting a 50-percent energy reduc- duce petroleum consumption and in- tance of vision care and recognizing tion standard. Manufacturers are also creases the Federal requirement to signs of visual impairment we can help assisted in building more energy-effi- purchase electricity generated by re- children avoid unnecessary vision loss. cient home products via a manufactur- newable energy. This title also perma- To ensure that children get the vital ers’ tax credit for energy-efficient dish- nently authorizes the Energy Savings vision care that they need to succeed, washers, clothes washers, and refrig- Performance Contracts Program. today Senator DODD and I are intro- erators. Title VI seeks to assist State and ducing the Vision Care for Kids Act Still, there is no doubt that much local governments with their ongoing which will establish a grant program to can be done to improve the ways in efforts to improve their energy effi- compliment and encourage existing which we use energy. That is why I am ciency. It extends the authorization for State efforts to improve children’s vi- pleased today to introduce the Energy both the Weatherization Assistance sion care. More specifically, grant Efficiency Promotion Act of 2007 with Program and the State Energy Con- funds will be used to: (1) provide com- Senator BINGAMAN. The bill we are in- servation Program. This title also es- prehensive eye exams to children that troducing is a good starting point—but tablishes energy efficiency grant pro- have been previously identified as it is still a work in progress. I expect grams for local governments and insti- needing such services; (2) provide treat- this bill to evolve over the course of tutions of higher learning. ment or services necessary to correct the next several weeks with important Again, I think the Energy Efficiency vision problems identified in that eye input from those who will be tasked Promotion Act of 2007 we are intro- exam; and (3) develop and disseminate with implementing this policy and ducing today is a good starting point educational materials to recognize the those who will be impacted by it. In for our continued work in the energy signs of visual impairment in children

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4506 CONGRESSIONAL RECORD — SENATE April 16, 2007 for parents, teachers, and health care (2) providing treatment or services, subse- tion’’ includes an assessment of a patient’s practitioners. quent to the examinations described in para- history, general medical observation, exter- We need to do this. We must improve graph (1), necessary to correct vision prob- nal and ophthalmoscopic examination, vis- vision care for children to better equip lems; and ual acuity, ocular alignment and motility, (3) developing and disseminating, to par- refraction, and as appropriate, binocular vi- them to succeed in school and in life. ents, teachers, and health care practitioners, sion or gross visual fields, performed by an The Vision Care for Kids Act, endorsed educational materials on recognizing signs optometrist or an ophthalmologist. by the American Academy of Ophthal- of visual impairment in children. (g) AUTHORIZATION OF APPROPRIATIONS.— mology, American Optometric Associa- (b) CRITERIA AND COORDINATION.— For the purpose of carrying out this section, tion, and Vision Council of America, (1) CRITERIA.—The Secretary, in consulta- there are authorized to be appropriated such will make a difference in the lives of tion with appropriate professional and con- sums as may be necessary for each of fiscal children across the country. sumer organizations including individuals years 2008 through 2012. with knowledge of age appropriate vision Mr. DODD. Mr. President, today, I ask unanimous consent that the services, shall develop criteria— Senator BOND and I are introducing the text of the bill be printed in the (A) governing the operation of the grant RECORD. program under subsection (a); and Vision Care for Kids Act of 2007. This There being no objection, the text of (B) for the collection of data related to vi- legislation will provide follow-up vi- the bill was ordered to be printed in sion assessment and the utilization of follow sion care services for those children the RECORD, as follows: up services. who have visual problems and are not (2) COORDINATION.—The Secretary shall, as S. 1117 covered under an insurance policy or appropriate, coordinate the program under under any Federal, or State health ben- Be it enacted by the Senate and House of Rep- subsection (a) with the program under sec- resentatives of the United States of America in efits program. tion 330 of the Public Health Service Act (re- Why is this legislation needed? Let’s Congress assembled, lating to health centers) (42 U.S.C. 254b), the SECTION 1. SHORT TITLE. program under title XIX of the Social Secu- look at the facts. According to the 2004 This Act may be cited as the ‘‘Vision Care rity Act (relating to the Medicaid program) Vision Problems Action Plan, pub- for Kids Act of 2007’’. (42 U.S.C. 1396 et seq.), the program under lished by Prevent Blindness America, SEC. 2. FINDINGS. title XXI of such Act (relating to the State vision problems affect one in 20 pre- Congress makes the following findings: children’s health insurance program) (42 schoolers and 80 percent of children (1) Millions of children in the United U.S.C. 1397aa et seq.), and with other Federal under age six are not screened for vi- States suffer from vision problems, many of or State programs that provide services to sion problems before entering public which go undetected. Because children with children. school. vision problems can struggle develop- (c) APPLICATION.—To be eligible to receive a grant under subsection (a), a State shall Perhaps even more startling than the mentally, resulting in physical, emotional, statistics I have just mentioned, is and social consequences, good vision is es- submit to the Secretary an application in sential for proper physical development and such form, made in such manner, and con- that 20 States do not require children educational progress. taining such information as the Secretary to receive any vision care prior to (2) Vision problems in children range from may require, including— entry or during their early school common conditions such as refractive errors, (1) information on existing Federal, Fed- years. Thus, millions of children are at amblyopia, strabismus, ocular trauma, and eral-State, or State-funded children’s vision risk of having possible vision problems infections, to rare but potentially life- or programs; (2) a plan for the use of grant funds, includ- later in life. sight-threatening problems such as I am pleased that my home State of retinoblastoma, infantile cataracts, con- ing how funds will be used to complement ex- isting State efforts (including possible part- Connecticut provides annual screenings genital glaucoma, and genetic or metabolic to children in kindergarten through diseases of the eye. nerships with non-profit entities); (3) Since many serious ocular conditions (3) a plan to determine if a grant eligible grade six. In addition, during the ninth are treatable if identified in the preschool child has been identified as provided for in grade, each student also receives a vi- and early school-aged years, early detection subsection (a); and sion screening. Following the eye tests provides the best opportunity for effective (4) a description of how funds will be used that are administered in Connecticut’s treatment and can have far-reaching impli- to provide items or services, only as a sec- schools, the local superintendent sends ondary payer— cations for vision. a note to the parent or guardian of (4) Various identification methods, includ- (A) for an eligible child, to the extent that the child is not covered for the items or serv- each student who is found to have a ing vision screening and comprehensive eye problem. examinations required by State laws, can be ices under any State compensation program, helpful in identifying children needing serv- under an insurance policy, or under any Fed- Although Connecticut provides ices. A child identified as needing services eral or State health benefits program; or screenings in the early years, it is im- through vision screening should receive a (B) for an eligible child, to the extent that portant to note that out of the 467,488 comprehensive eye examination followed by the child receives the items or services from children in Connecticut, there are al- subsequent treatment as needed. Any child an entity that provides health services on a most 70,000 who have untreated vision identified as needing services should have ac- prepaid basis. (d) EVALUATIONS.—To be eligible to receive disorders, according to the most recent cess to subsequent treatment as needed. a grant under subsection (a), a State shall Census data. Nationwide, almost 6 mil- (5) There is a need to increase public agree that, not later than 1 year after the lion out of close to 40 million children awareness about the prevalence and dev- date on which amounts under the grant are astating consequences of vision disorders in have untreated vision disorders. The first received by the State, and annually children and to educate the public and Centers for Disease Control and Pre- thereafter while receiving amounts under health care providers about the warning vention said that ‘‘impaired vision can the grant, the State will submit to the Sec- affect a child’s cognitive, emotional, signs and symptoms of ocular and vision dis- retary an evaluation of the operations and orders and the benefits of early detection, activities carried out under the grant, in- neurological, and physical develop- evaluation, and treatment. cluding— ment.’’ SEC. 3. GRANTS REGARDING VISION CARE FOR (1) an assessment of the utilization of vi- With the introduction of the Vision CHILDREN. sion services and the status of children re- Care for Kids Act, Senator BOND and I (a) IN GENERAL.—The Secretary of Health ceiving these services as a result of the ac- are seeking to improve the data I have and Human Services (referred to in this sec- tivities carried out under the grant; outlined. When this legislation is en- tion as the ‘‘Secretary’’), acting through the (2) the collection, analysis, and reporting Director of the Centers for Disease Control acted, the States will have the re- of children’s vision data according to guide- sources to pay for follow-up vision and Prevention, may award grants to States lines prescribed by the Secretary; and on the basis of an established review process (3) such other information as the Secretary treatment for children who now do not for the purpose of complementing existing may require. have the financial means to undergo State efforts for— (e) LIMITATIONS IN EXPENDITURE OF this much needed care. (1) providing comprehensive eye examina- GRANT.—A grant may be made under sub- Our initiative will enable Federal tions by a licensed optometrist or ophthal- section (a) only if the State involved agrees funding to complement existing State mologist for children who have been pre- that the State will not expend more than 20 efforts in regard to: providing com- viously identified through a vision screening percent of the amount received under the prehensive eye examinations for chil- or eye examination by a licensed health care grant to carry out the purpose described in provider or vision screener as needing such paragraph (3) of such subsection. dren under age nine; furnishing the services, with priority given to children who (f) DEFINITION.—For purposes of this sec- necessary treatment or services needed are under the age of 9 years; tion, the term ‘‘comprehensive eye examina- if an eye exam determines additional

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2007 CONGRESSIONAL RECORD — SENATE S4507 care is needed; and developing edu- I am also a member of the Senate Mr. DURBIN, Mr. ENSIGN, Mr. ENZI, Mr. cational materials for parents, teach- Commerce, Science and Transportation FEINGOLD, Mrs. FEINSTEIN, Mr. GRA- ers, and health care practitioners that Committee which has jurisdiction over HAM, Mr. GRASSLEY, Mr. GREGG, Mr. will increase recognition of the signs of the fuel economy standards of our Na- HAGEL, Mr. HARKIN, Mr. HATCH, Mrs. visual impairment in children. The Vi- tion’s vehicle fleet. I look forward to HUTCHISON, Mr. INHOFE, Mr. INOUYE, sion Care for Kids Act will serve as an working with Chairman INOUYE, Rank- Mr. ISAKSON, Mr. JOHNSON, Mr. KEN- incentive to States to provide eye care ing Member STEVENS, and other mem- NEDY, Mr. KERRY, Ms. KLOBUCHAR, Mr. to those youngsters who are in need of bers of the committee who are inter- KOHL, Mr. KYL, Ms. LANDRIEU, Mr. LAU- treatment and are currently unable to ested in enacting strong, fair, and for- TENBERG, Mr. LEAHY, Mr. LEVIN, Mr. access care. warding-looking fuel economy stand- LIEBERMAN, Mrs. LINCOLN, Mr. LOTT, This year, we are working on the re- ards. Mr. LUGAR, Mr. MARTINEZ, Mr. MCCAIN, authorization of the State Children’s It should be noted that this is the Mrs. MCCASKILL, Mr. MENENDEZ, Ms. Health Insurance Program (SCHIP). first time that both Senator CRAIG and MIKULSKI, Ms. MURKOWSKI, Mrs. MUR- SCHIP was created to provide health I have publicly stated our support for RAY, Mr. NELSON of Florida, Mr. NEL- care to millions of children who were increased fuel economy standards be- SON of Nebraska, Mr. OBAMA, Mr. previously uninsured. Over the last ten yond the incremental steps that the PRYOR, Mr. REED, Mr. ROBERTS, Mr. years, we have seen the positive impact current administration has made to ROCKEFELLER, Mr. SALAZAR, Mr. SAND- of this essential program. Passage of date. Our Nation’s fuel economy stand- ERS, Mr. SCHUMER, Mr. SESSIONS, Mr. the Vision Care for Kids Act will be a ards have not significantly changed SHELBY, Mr. SMITH, Ms. SNOWE, Mr. key component of ensuring that we since the mid–1980s. We now have lower SPECTER, Ms. STABENOW, Mr. STEVENS, have a comprehensive children’s health passenger vehicle fuel efficiency stand- Mr. SUNUNU, Mr. TESTER, Mr. THOMAS, care delivery system in this country. I ards than Japan, the European Union, Mr. THUNE, Mr. VITTER, Mr. VOINOVICH, look forward to working with Senator Australia, Canada, and yes, even China. Mr. WHITEHOUSE, and Mr. WYDEN) sub- BOND and my colleagues to see that The bill we have introduced today re- mitted the following resolution; which this legislation is not only is not only forms and strengthens fuel efficiency was considered and agreed to: passed by this body soon, but that it is standards by establishing an annual 4 S. RES. 149 signed into law. percent increase in the fuel economy of Resolved, that the Senate— By Mr. DORGAN (for himself and the entire new vehicle fleet, including (1) offers its heartfelt condolences to the automobiles, medium trucks, and victims and their families, and to students, Mr. CRAIG): faculty, administration and staff and their S. 1118. A bill to improve the energy heavy trucks from 2012–2030. The Na- tional Highway Traffic Safety Admin- families who have been deeply affected by security of the United States by rais- the tragic events that occurred today at Vir- ing average fuel economy standards, istration will have discretion to invoke ginia Tech in Blacksburg, Virginia; and for other purposes; to the Com- ‘‘off-ramps’’ if it is determined that the (2) expresses its hope that today’s losses mittee on Commerce, Science, and increase is not technologically achiev- will lead to a shared national commitment Transportation. able, creates material safety concerns, to take steps that will help our communities Mr. DORGAN. Mr. President, today I or is not cost effective. prevent such tragedies from occurring in the am pleased to be joined by Senator Senator CRAIG and I came together to future; and develop a new pathway forward because (3) recognizes that Virginia Tech has CRAIG to introduce legislation called served as an exemplary institution of teach- the Fuel Efficiency Act of 2007. This we believe that bolder energy security ing, learning, and research for well over a legislation is an important component measures must be taken now to address century; and that the University’s historic of broader legislation that my col- our long-term security, economic and proud traditions will carry on. league and I recently introduced on growth and environmental protection. f March 14, 2007. That legislation is a There is no silver bullet to solving our balanced plan with the overall goal to energy dependence. Digging and drill- AMENDMENTS SUBMITTED AND improve the energy security of the U.S. ing is a strategy I call yesterday for- PROPOSED through a 50 percent reduction in the ever. Conservation alone is not the an- SA 843. Mr. ROCKEFELLER (for himself oil intensity of the economy by 2030. swer. Renewable fuels hold promise, and Mr. BOND) proposed an amendment to This is important to me because the but we need to do much more here. We the bill S. 372, to authorize appropriations United States remains dangerously de- believe the combination of steps sets for fiscal year 2007 for the intelligence and pendent on foreign sources of oil. the right pathway to U.S. energy secu- intelligence-related activities of the United States Government, the Intelligence Com- Today we import over 60 percent of our rity, and we look forward to moving in- munity Management Account, and the Cen- oil from Iraq, Kuwait, Saudi Arabia, creased fuel economy standards tral Intelligence Agency Retirement and Dis- Nigeria, Venezuela, and other unstable through the Senate Commerce Com- ability System, and for other purposes. nations of the world. This is very trou- mittee. SA 844. Ms. LANDRIEU submitted an bling to me. f amendment intended to be proposed by her Our larger proposal is grounded in to the bill S. 372, supra; which was ordered to four cornerstone principles. The first SUBMITTED RESOLUTIONS lie on the table. principle is achievable, stepped in- SA 845. Mr. BAYH submitted an amend- creases in fuel efficiency of the trans- ment intended to be proposed by him to the SENATE RESOLUTION 149—EX- bill S. 372, supra; which was ordered to lie on portation fleet. The second principle PRESSING THE CONDOLENCES OF the table. promotes increased availability of al- THE SENATE ON THE TRAGIC SA 846. Mr. BINGAMAN submitted an ternative fuel sources and infrastruc- EVENTS AT VIRGINIA TECH UNI- amendment intended to be proposed by him ture. The third principle calls for ex- to the bill S. 372, supra; which was ordered to panded production and enhanced explo- VERSITY lie on the table. ration of domestic and other secure oil Mr. WARNER (for himself, Mr. WEBB, SA 847. Ms. COLLINS (for herself, Mr. LIE- and natural gas resources. Finally, the Mr. REID, Mr. MCCONNELL, Mr. AKAKA, BERMAN, Mr. CARPER, Mr. COLEMAN, and Mr. AKAKA) submitted an amendment intended fourth principle improves the manage- Mr. ALEXANDER, Mr. ALLARD, Mr. BAU- to be proposed to amendment SA 843 pro- CUS, Mr. BAYH, Mr. BENNETT, Mr. ment of alliances to better secure glob- posed by Mr. ROCKEFELLER (for himself and al energy supplies. BIDEN, Mr. BINGAMAN, Mr. BOND, Mrs. Mr. BOND) to the bill S. 372, supra. In the United States, we use about 67 BOXER, Mr. BROWN, Mr. BROWNBACK, SA 848. Mr. CORNYN submitted an amend- percent of our oil to power our vehi- Mr. BUNNING, Mr. BURR, Mr. BYRD, Ms. ment intended to be proposed by him to the cles. This is the area where we are CANTWELL, Mr. CARDIN, Mr. CARPER, bill S. 372, supra; which was ordered to lie on least secure and increasingly depend- Mr. CASEY, Mr. CHAMBLISS, Mrs. CLIN- the table. SA 849. Mr. CORNYN submitted an amend- ent. For these reasons and more, we in- TON, Mr. COBURN, Mr. COCHRAN, Mr. ment intended to be proposed by him to the troduced S. 875 as a bi-partisan, bal- COLEMAN, Ms. COLLINS, Mr. CONRAD, bill S. 372, supra; which was ordered to lie on anced approach to securing our future Mr. CORKER, Mr. CORNYN, Mr. CRAIG, the table. energy through reducing our depend- Mr. CRAPO, Mr. DEMINT, Mr. DODD, SA 850. Mr. CORNYN submitted an amend- ence on foreign oil. Mrs. DOLE, Mr. DOMENICI, Mr. DORGAN, ment intended to be proposed by him to the

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4508 CONGRESSIONAL RECORD — SENATE April 16, 2007 bill S. 372, supra; which was ordered to lie on SA 872. Mr. BOND (for himself and Mr. Sec. 105. Intelligence Community Manage- the table. ROCKEFELLER) submitted an amendment in- ment Account. SA 851. Mr. CORNYN submitted an amend- tended to be proposed by him to the bill S. Sec. 106. Incorporation of reporting require- ment intended to be proposed by him to the 372, supra; which was ordered to lie on the ments. bill S. 372, supra; which was ordered to lie on table. Sec. 107. Availability to public of certain in- the table. SA 873. Mr. CHAMBLISS (for himself and telligence funding information. SA 852. Mr. CORNYN submitted an amend- Mr. KYL) submitted an amendment intended Sec. 108. Response of intelligence commu- ment intended to be proposed by him to the to be proposed by him to the bill S. 372, nity to requests from Congress bill S. 372, supra; which was ordered to lie on supra; which was ordered to lie on the table. for intelligence documents and the table. SA 874. Mr. CHAMBLISS (for himself and information. SA 853. Mr. CORNYN submitted an amend- Mr. KYL) submitted an amendment intended TITLE II—CENTRAL INTELLIGENCE ment intended to be proposed by him to the to be proposed by him to the bill S. 372, AGENCY RETIREMENT AND DIS- bill S. 372, supra; which was ordered to lie on supra; which was ordered to lie on the table. ABILITY SYSTEM the table. SA 875. Mr. CHAMBLISS (for himself and Sec. 201. Authorization of appropriations. SA 854. Mr. ENSIGN submitted an amend- Mr. KYL) submitted an amendment intended ment intended to be proposed by him to the TITLE III—INTELLIGENCE AND GENERAL to be proposed by him to the bill S. 372, INTELLIGENCE COMMUNITY MATTERS bill S. 372, supra; which was ordered to lie on supra; which was ordered to lie on the table. Sec. 301. Increase in employee compensation the table. SA 876. Mr. DEMINT submitted an amend- SA 855. Mr. ENSIGN submitted an amend- ment intended to be proposed by him to the and benefits authorized by law. Sec. 302. Restriction on conduct of intel- ment intended to be proposed by him to the bill S. 372, supra; which was ordered to lie on ligence activities. bill S. 372, supra; which was ordered to lie on the table. the table. Sec. 303. Clarification of definition of intel- SA 877. Mr. DEMINT submitted an amend- SA 856. Mr. BOND submitted an amend- ligence community under the ment intended to be proposed by him to the ment intended to be proposed by him to the National Security Act of 1947. bill S. 372, supra; which was ordered to lie on bill S. 372, supra; which was ordered to lie on Sec. 304. Improvement of notification of the table. the table. Congress regarding intelligence SA 857. Mr. BOND submitted an amend- SA 878. Mr. COBURN submitted an amend- activities of the United States ment intended to be proposed by him to the ment intended to be proposed by him to the Government. bill S. 372, supra; which was ordered to lie on bill S. 372, supra; which was ordered to lie on Sec. 305. Delegation of authority for travel the table. the table. on common carriers for intel- SA 858. Mr. BOND submitted an amend- SA 879. Mr. INHOFE (for himself and Mr. ligence collection personnel. ment intended to be proposed by him to the CRAIG) submitted an amendment intended to Sec. 306. Modification of availability of bill S. 372, supra; which was ordered to lie on be proposed by him to the bill S. 372, supra; funds for different intelligence the table. which was ordered to lie on the table. activities. SA 859. Mr. BOND submitted an amend- SA 880. Mr. INHOFE (for himself and Mr. Sec. 307. Additional limitation on avail- ment intended to be proposed by him to the CRAIG) submitted an amendment intended to ability of funds for intelligence bill S. 372, supra; which was ordered to lie on be proposed by him to the bill S. 372, supra; and intelligence-related activi- the table. which was ordered to lie on the table. ties. SA 860. Mr. BOND submitted an amend- SA 881. Mr. WYDEN (for himself, Mr. BOND, Sec. 308. Increase in penalties for disclosure ment intended to be proposed by him to the and Mr. ROCKEFELLER) submitted an amend- of undercover intelligence offi- bill S. 372, supra; which was ordered to lie on ment intended to be proposed by him to the cers and agents. the table. bill S. 372, supra; which was ordered to lie on Sec. 309. Retention and use of amounts paid SA 861. Mr. BOND (for himself and Mr. the table. as debts to elements of the in- ROCKEFELLER) submitted an amendment in- SA 882. Mr. KYL submitted an amendment telligence community. tended to be proposed by him to the bill S. intended to be proposed by him to the bill S. Sec. 310. Extension to intelligence commu- 372, supra; which was ordered to lie on the 372, supra; which was ordered to lie on the nity of authority to delete in- table. table. formation about receipt and SA 862. Mr. BOND (for himself and Mr. SA 883. Mr. ENSIGN submitted an amend- disposition of foreign gifts and ROCKEFELLER) submitted an amendment in- ment intended to be proposed by him to the decorations. tended to be proposed by him to the bill S. bill S. 372, supra; which was ordered to lie on Sec. 311. Availability of funds for travel and 372, supra; which was ordered to lie on the the table. transportation of personal ef- table. SA 884. Mr. ENSIGN submitted an amend- fects, household goods, and SA 863. Mr. BOND (for himself and Mr. ment intended to be proposed by him to the automobiles. ROCKEFELLER) submitted an amendment in- bill S. 372, supra; which was ordered to lie on Sec. 312. Director of National Intelligence tended to be proposed by him to the bill S. the table. report on compliance with the 372, supra; which was ordered to lie on the f Detainee Treatment Act of 2005. table. Sec. 313. Report on any clandestine deten- SA 864. Mr. KYL submitted an amendment TEXT OF AMENDMENTS tion facilities for individuals intended to be proposed by him to the bill S. captured in the Global War on 372, supra; which was ordered to lie on the Terrorism. table. SA 843. Mr. ROCKEFELLER (for him- TITLE IV—MATTERS RELATING TO ELE- SA 865. Mr. KYL submitted an amendment self and Mr. BOND) proposed an amend- MENTS OF THE INTELLIGENCE COMMU- intended to be proposed by him to the bill S. ment to the bill S. 372, to authorize ap- NITY 372, supra; which was ordered to lie on the propriations for fiscal year 2007 for the table. Subtitle A—Office of the Director of SA 866. Mr. KYL submitted an amendment intelligence and intelligence-related National Intelligence intended to be proposed by him to the bill S. activities of the United States Govern- Sec. 401. Additional authorities of the Direc- 372, supra; which was ordered to lie on the ment, the Intelligence Community tor of National Intelligence on table. Management Account, and the Central intelligence information shar- SA 867. Mr. KYL submitted an amendment Intelligence Agency Retirement and ing. intended to be proposed by him to the bill S. Disability System, and for other pur- Sec. 402. Modification of limitation on dele- gation by the Director of Na- 372, supra; which was ordered to lie on the poses; as follows: table. tional Intelligence of the pro- SA 868. Mr. KYL submitted an amendment Strike all after the enacting clause and in- tection of intelligence sources intended to be proposed by him to the bill S. sert the following: and methods. 372, supra; which was ordered to lie on the SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 403. Authority of the Director of Na- table. (a) SHORT TITLE.—This Act may be cited as tional Intelligence to manage SA 869. Mr. KYL submitted an amendment the ‘‘Intelligence Authorization Act for Fis- access to human intelligence intended to be proposed by him to the bill S. cal Year 2007’’. information. 372, supra; which was ordered to lie on the (b) TABLE OF CONTENTS.—The table of con- Sec. 404. Additional administrative author- table. tents for this Act is as follows: ity of the Director of National SA 870. Mr. KYL submitted an amendment Sec. 1. Short title; table of contents. Intelligence. intended to be proposed by him to the bill S. Sec. 405. Clarification of limitation on co-lo- 372, supra; which was ordered to lie on the TITLE I—INTELLIGENCE ACTIVITIES cation of the Office of the Di- table. Sec. 101. Authorization of appropriations. rector of National Intelligence. SA 871. Mr. KYL submitted an amendment Sec. 102. Classified schedule of authoriza- Sec. 406. Additional duties of the Director of intended to be proposed by him to the bill S. tions. Science and Technology of the 372, supra; which was ordered to lie on the Sec. 103. Incorporation of classified annex. Office of the Director of Na- table. Sec. 104. Personnel ceiling adjustments. tional Intelligence.

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0655 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2007 CONGRESSIONAL RECORD — SENATE S4509 Sec. 407. Appointment and title of Chief In- TITLE V—OTHER MATTERS accompany its report on the bill S. 372 of the formation Officer of the Intel- Sec. 501. Technical amendments to the Na- One Hundred Tenth Congress and trans- ligence Community. tional Security Act of 1947. mitted to the President is hereby incor- Sec. 408. Inspector General of the Intel- Sec. 502. Technical clarification of certain porated into this Act. ligence Community. references to Joint Military In- (b) CONSTRUCTION WITH OTHER PROVISIONS Sec. 409. Leadership and location of certain telligence Program and Tac- OF DIVISION.—Unless otherwise specifically offices and officials. tical Intelligence and Related stated, the amounts specified in the Classi- Sec. 410. National Space Intelligence Center. Activities. fied Annex are not in addition to amounts Sec. 411. Operational files in the Office of Sec. 503. Technical amendments to the In- authorized to be appropriated by other provi- the Director of National Intel- telligence Reform and Ter- sions of this Act. ligence. rorism Prevention Act of 2004. (c) LIMITATION ON USE OF FUNDS.—Funds Sec. 412. Eligibility for incentive awards of Sec. 504. Technical amendments to title 10, appropriated pursuant to an authorization personnel assigned to the Office United States Code, arising contained in this Act that are made avail- of the Director of National In- from enactment of the Intel- able for a program, project, or activity re- telligence. ligence Reform and Terrorism ferred to in the Classified Annex may only be Sec. 413. Repeal of certain authorities relat- Prevention Act of 2004. expended for such program, project, or activ- ing to the Office of the National Sec. 505. Technical amendment to the Cen- ity in accordance with such terms, condi- Counterintelligence Executive. tral Intelligence Agency Act of tions, limitations, restrictions, and require- Sec. 414. Inapplicability of Federal Advisory 1949. ments as are set out for that program, Committee Act to advisory Sec. 506. Technical amendments relating to project, or activity in the Classified Annex. committees of the Office of the the multiyear National Intel- (d) DISTRIBUTION OF CLASSIFIED ANNEX.— Director of National Intel- ligence Program. The President shall provide for appropriate ligence. Sec. 507. Technical amendments to the Ex- distribution of the Classified Annex, or of ap- Sec. 415. Membership of the Director of Na- ecutive Schedule. propriate portions of the annex, within the tional Intelligence on the Sec. 508. Technical amendments relating to executive branch of the Government. Transportation Security Over- redesignation of the National SEC. 104. PERSONNEL CEILING ADJUSTMENTS. sight Board. Imagery and Mapping Agency (a) AUTHORITY FOR ADJUSTMENTS.—With Sec. 416. Applicability of the Privacy Act to as the National Geospatial-In- the approval of the Director of the Office of the Director of National Intel- telligence Agency. Management and Budget, the Director of Na- ligence and the Office of the Di- TITLE I—INTELLIGENCE ACTIVITIES tional Intelligence may authorize employ- rector of National Intelligence. ment of civilian personnel in excess of the SEC. 101. AUTHORIZATION OF APPROPRIATIONS. Subtitle B—Central Intelligence Agency number authorized for fiscal year 2007 under Funds are hereby authorized to be appro- Sec. 421. Director and Deputy Director of section 102 when the Director of National In- priated for fiscal year 2007 for the conduct of telligence determines that such action is the Central Intelligence Agen- the intelligence and intelligence-related ac- cy. necessary to the performance of important tivities of the following elements of the intelligence functions, except that the num- Sec. 422. Enhanced protection of Central In- United States Government: telligence Agency intelligence ber of personnel employed in excess of the (1) The Office of the Director of National number authorized under such section may sources and methods from un- Intelligence. authorized disclosure. not, for any element of the intelligence com- (2) The Central Intelligence Agency. munity, exceed 2 percent of the number of ci- Sec. 423. Additional exception to foreign (3) The Department of Defense. language proficiency require- vilian personnel authorized under such sec- (4) The Defense Intelligence Agency. tion for such element. ment for certain senior level (5) The National Security Agency. positions in the Central Intel- (b) NOTICE TO INTELLIGENCE COMMITTEES.— (6) The Department of the Army, the De- The Director of National Intelligence shall ligence Agency. partment of the Navy, and the Department Sec. 424. Additional functions and authori- promptly notify the Select Committee on In- of the Air Force. ties for protective personnel of telligence of the Senate and the Permanent (7) The Department of State. the Central Intelligence Agen- Select Committee on Intelligence of the (8) The Department of the Treasury. cy. House of Representatives whenever the Di- (9) The Department of Energy. Sec. 425. Director of National Intelligence rector exercises the authority granted by (10) The Department of Justice. report on retirement benefits this section. (11) The Federal Bureau of Investigation. for former employees of Air SEC. 105. INTELLIGENCE COMMUNITY MANAGE- (12) The National Reconnaissance Office. America. MENT ACCOUNT. (13) The National Geospatial-Intelligence (a) AUTHORIZATION OF APPROPRIATIONS.— Subtitle C—Defense Intelligence Components Agency. There is authorized to be appropriated for Sec. 431. Enhancements of National Security (14) The Coast Guard. the Intelligence Community Management Agency training program. (15) The Department of Homeland Secu- Account of the Director of National Intel- Sec. 432. Codification of authorities of Na- rity. ligence for fiscal year 2007 the sum of tional Security Agency protec- (16) The Drug Enforcement Administra- $648,952,000. Within such amount, funds iden- tive personnel. tion. tified in the classified Schedule of Author- Sec. 433. Inspector general matters. SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZA- izations referred to in section 102(a) for ad- Sec. 434. Confirmation of appointment of TIONS. vanced research and development shall re- heads of certain components of (a) SPECIFICATIONS OF AMOUNTS AND PER- main available until September 30, 2008. the intelligence community. SONNEL CEILINGS.—The amounts authorized (b) AUTHORIZED PERSONNEL LEVELS.—The Sec. 435. Clarification of national security to be appropriated under section 101, and the elements within the Intelligence Community missions of National authorized personnel ceilings as of Sep- Management Account of the Director of Na- Geospatial-Intelligence Agency tember 30, 2007, for the conduct of the intel- tional Intelligence are authorized 1,575 full- for analysis and dissemination ligence and intelligence-related activities of time personnel as of September 30, 2007. Per- of certain intelligence informa- the elements listed in such section, are those sonnel serving in such elements may be per- tion. specified in the classified Schedule of Au- manent employees of the Intelligence Com- Sec. 436. Security clearances in the National thorizations prepared to accompany the con- munity Management Account or personnel Geospatial-Intelligence Agency. ference report on the bill S. 372 of the One detailed from other elements of the United Subtitle D—Other Elements Hundred Tenth Congress and in the Classi- States Government. Sec. 441. Foreign language incentive for cer- fied Annex to such report as incorporated in (c) CLASSIFIED AUTHORIZATIONS.— tain non-special agent employ- this Act under section 103. (1) AUTHORIZATION OF APPROPRIATIONS.—In ees of the Federal Bureau of In- (b) AVAILABILITY OF CLASSIFIED SCHEDULE addition to amounts authorized to be appro- vestigation. OF AUTHORIZATIONS.—The Schedule of Au- priated for the Intelligence Community Man- Sec. 442. Authority to secure services by thorizations shall be made available to the agement Account by subsection (a), there are contract for the Bureau of In- Committees on Appropriations of the Senate also authorized to be appropriated for the In- telligence and Research of the and House of Representatives and to the telligence Community Management Account Department of State. President. The President shall provide for for fiscal year 2007 such additional amounts Sec. 443. Clarification of inclusion of Coast suitable distribution of the Schedule, or of as are specified in the classified Schedule of Guard and Drug Enforcement appropriate portions of the Schedule, within Authorizations referred to in section 102(a). Administration as elements of the executive branch. Such additional amounts for research and the intelligence community. SEC. 103. INCORPORATION OF CLASSIFIED development shall remain available until Sec. 444. Clarifying amendments relating to ANNEX. September 30, 2008. section 105 of the Intelligence (a) STATUS OF CLASSIFIED ANNEX.—The (2) AUTHORIZATION OF PERSONNEL.—In addi- Authorization Act for fiscal Classified Annex prepared by the Select tion to the personnel authorized by sub- year 2004. Committee on Intelligence of the Senate to section (b) for elements of the Intelligence

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4510 CONGRESSIONAL RECORD — SENATE April 16, 2007 Community Management Account as of Sep- ‘‘(2) A committee making a request under SEC. 303. CLARIFICATION OF DEFINITION OF IN- tember 30, 2007, there are also authorized paragraph (1) may specify a greater number TELLIGENCE COMMUNITY UNDER such additional personnel for such elements of days for submittal to such committee of THE NATIONAL SECURITY ACT OF as of that date as are specified in the classi- information in response to such request than 1947. Subparagraph (L) of section 3(4) of the Na- fied Schedule of Authorizations. is otherwise provided for under that para- tional Security Act of 1947 (50 U.S.C. 401a(4)) (d) REIMBURSEMENT.—Except as provided in graph. is amended by striking ‘‘other’’ the second section 113 of the National Security Act of ‘‘(b) REQUESTS OF CERTAIN MEMBERS.—(1) place it appears. 1947 (50 U.S.C. 404h), during fiscal year 2007 The Director of National Intelligence, the any officer or employee of the United States Director of the National Counterterrorism SEC. 304. IMPROVEMENT OF NOTIFICATION OF CONGRESS REGARDING INTEL- or a member of the Armed Forces who is de- Center, the Director of a national intel- LIGENCE ACTIVITIES OF THE tailed to the staff of the Intelligence Com- ligence center, or the head of any other de- UNITED STATES GOVERNMENT. munity Management Account from another partment, agency, or element of the Federal (a) CLARIFICATION OF DEFINITION OF CON- element of the United States Government Government, or other organization within GRESSIONAL INTELLIGENCE COMMITTEES TO IN- shall be detailed on a reimbursable basis, ex- the Executive branch, that is an element of CLUDE ALL MEMBERS OF COMMITTEES.—Sec- cept that any such officer, employee, or the intelligence community shall respond, in tion 3(7) of the National Security Act of 1947 member may be detailed on a nonreimburs- the time specified in subsection (a), to a re- (50 U.S.C. 401a(7)) is amended— able basis for a period of less than one year quest described in that subsection from the (1) in subparagraph (A), by inserting ‘‘, and for the performance of temporary functions Chairman or Vice Chairman of the Select includes each member of the Select Com- as required by the Director of National Intel- Committee on Intelligence of the Senate or mittee’’ before the semicolon; and ligence. the Chairman or Ranking Member of the (2) in subparagraph (B), by inserting ‘‘, and SEC. 106. INCORPORATION OF REPORTING RE- Permanent Select Committee on Intelligence includes each member of the Permanent Se- QUIREMENTS. of the House of Representatives. lect Committee’’ before the period. (a) IN GENERAL.—Each requirement to sub- ‘‘(2) Upon making a request covered by (b) NOTICE ON INFORMATION NOT DIS- mit a report to the congressional intel- paragraph (1)— CLOSED.— ligence committees that is included in the ‘‘(A) the Chairman or Vice Chairman, as (1) IN GENERAL.—Section 502 of such Act (50 joint explanatory statement to accompany the case may be, of the Select Committee on U.S.C. 413a) is amended— the conference report on the bill lll of the Intelligence of the Senate shall notify the (A) by redesignating subsections (b) and (c) One Hundred Tenth Congress, or in the clas- other of the Chairman or Vice Chairman of as subsections (c) and (d), respectively; and sified annex to this Act, is hereby incor- such request; and (B) by inserting after subsection (a) the porated into this Act, and is hereby made a ‘‘(B) the Chairman or Ranking Member, as following new subsection (b): requirement in law. the case may be, of the Permanent Select ‘‘(b) NOTICE ON INFORMATION NOT DIS- (b) CONGRESSIONAL INTELLIGENCE COMMIT- Committee on Intelligence of the House of CLOSED.—(1) If the Director of National Intel- TEES DEFINED.—In this section, the term Representatives shall notify the other of the ligence or the head of a department, agency, ‘‘congressional intelligence committees’’ Chairman or Ranking Member of such re- or other entity of the United States Govern- means— quest. ment does not provide information required (1) the Select Committee on Intelligence of ‘‘(c) ASSERTION OF PRIVILEGE.—In response by subsection (a) in full or to all the mem- the Senate; and to a request covered by subsection (a) or (b), bers of the congressional intelligence com- (2) the Permanent Select Committee on In- the Director of National Intelligence, the Di- mittees, and requests that such information telligence of the House of Representatives. rector of the National Counterterrorism Cen- not be provided, the Director shall, in a SEC. 107. AVAILABILITY TO PUBLIC OF CERTAIN ter, the Director of a national intelligence timely fashion, notify such committees of INTELLIGENCE FUNDING INFORMA- center, or the head of any other department, the determination not to provide such infor- TION. agency, or element of the Federal Govern- mation in full or to all members of such (a) AMOUNTS REQUESTED EACH FISCAL ment, or other organization within the Exec- committees. Such notice shall be submitted YEAR.—The President shall disclose to the utive branch, that is an element of the intel- in writing in a classified form, include a public for each fiscal year after fiscal year ligence community shall provide the docu- statement of the reasons for such determina- 2007 the aggregate amount of appropriations ment or information covered by such request tion and a description that provides the requested in the budget of the President for unless the President certifies that such docu- main features of the intelligence activities such fiscal year for the National Intelligence ment or information is not being provided covered by such determination, and contain Program. because the President is asserting a privilege no restriction on access to this notice by all (b) AMOUNTS AUTHORIZED AND APPRO- pursuant to the Constitution of the United members of the committee. ‘‘(2) Nothing in this subsection shall be PRIATED EACH FISCAL YEAR.—Congress shall States.’’. construed as authorizing less than full and disclose to the public for each fiscal year (b) CLERICAL AMENDMENT.—The table of after fiscal year 2006 the aggregate amount contents in the first section of that Act is current disclosure to all the members of the of funds authorized to be appropriated, and amended by inserting after the item relating Select Committee on Intelligence of the Sen- the aggregate amount of funds appropriated, to section 507 the following new item: ate and the Permanent Select Committee on Intelligence of the House of Representatives by Congress for such fiscal year for the Na- ‘‘Sec. 508. Response of intelligence commu- of any information necessary to keep all the tional Intelligence Program. nity to requests from Congress members of such committees fully and cur- SEC. 108. RESPONSE OF INTELLIGENCE COMMU- for intelligence documents and rently informed on all intelligence activities NITY TO REQUESTS FROM CON- information.’’. GRESS FOR INTELLIGENCE DOCU- covered by this section.’’. MENTS AND INFORMATION. TITLE II—CENTRAL INTELLIGENCE AGEN- (2) CONFORMING AMENDMENT.—Subsection (a) IN GENERAL.—Title V of the National CY RETIREMENT AND DISABILITY SYS- (d) of such section, as redesignated by para- Security Act of 1947 (50 U.S.C. 413 et seq.) is TEM graph (1)(A) of this subsection, is amended amended by adding at the end the following SEC. 201. AUTHORIZATION OF APPROPRIATIONS. by striking ‘‘subsection (b)’’ and inserting new section: There is authorized to be appropriated for ‘‘subsections (b) and (c)’’. the Central Intelligence Agency Retirement (c) REPORTS AND NOTICE ON COVERT AC- ‘‘RESPONSE OF INTELLIGENCE COMMUNITY TO TIONS.— REQUESTS FROM CONGRESS FOR INTELLIGENCE and Disability Fund for fiscal year 2007 the sum of $256,400,000. (1) FORM AND CONTENT OF CERTAIN RE- DOCUMENTS AND INFORMATION PORTS.—Subsection (b) of section 503 of such ‘‘SEC. 508. (a) REQUESTS OF COMMITTEES.— TITLE III—INTELLIGENCE AND GENERAL Act (50 U.S.C. 413b) is amended— (1) The Director of National Intelligence, the INTELLIGENCE COMMUNITY MATTERS (A) by redesignating paragraphs (1) and (2) Director of the National Counterterrorism SEC. 301. INCREASE IN EMPLOYEE COMPENSA- as subparagraphs (A) and (B), respectively; Center, the Director of a national intel- TION AND BENEFITS AUTHORIZED (B) by inserting ‘‘(1)’’ after ‘‘(b)’’; and ligence center, or the head of any other de- BY LAW. (C) by adding at the end the following new partment, agency, or element of the Federal Appropriations authorized by this Act for paragraph: Government, or other organization within salary, pay, retirement, and other benefits ‘‘(2) Any report relating to a covert action the Executive branch, that is an element of for Federal employees may be increased by that is submitted to the congressional intel- the intelligence community shall, not later such additional or supplemental amounts as ligence committees for the purposes of para- than 30 days after receiving a request for any may be necessary for increases in such com- graph (1) shall be in writing, and shall con- intelligence assessment, report, estimate, pensation or benefits authorized by law. tain the following: legal opinion, or other intelligence informa- SEC. 302. RESTRICTION ON CONDUCT OF INTEL- ‘‘(A) A concise statement of any facts per- tion from the Select Committee on Intel- LIGENCE ACTIVITIES. tinent to such report. ligence of the Senate or the Permanent Se- The authorization of appropriations by ‘‘(B) An explanation of the significance of lect Committee on Intelligence of the House this Act shall not be deemed to constitute the covert action covered by such report.’’. of Representatives, make available to such authority for the conduct of any intelligence (2) NOTICE ON INFORMATION NOT DIS- committee such assessment, report, esti- activity which is not otherwise authorized CLOSED.—Subsection (c) of such section is mate, legal opinion, or other information, as by the Constitution or the laws of the United amended by adding at the end the following the case may be. States. new paragraph:

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2007 CONGRESSIONAL RECORD — SENATE S4511 ‘‘(5) If the Director of National Intelligence (3) by inserting after subsection (a) the fol- negligent or willful loss of or damage to or the head of a department, agency, or lowing new subsection (b): property of such element that was procured other entity of the United States Govern- ‘‘(b) In any case in which notice to the con- by such element using appropriated funds. ment does not provide information required gressional intelligence committees on an in- ‘‘(2) A debt owed to an element of the intel- by subsection (b) in full or to all the mem- telligence or intelligence-related activity is ligence community by an employee or bers of the congressional intelligence com- covered by section 502(b), or in which notice former employee of such element as repay- mittees, and requests that such information to the congressional intelligence committees ment for default on the terms and conditions not be provided, the Director shall, in a on a covert action is covered by section associated with a scholarship, fellowship, or timely fashion, notify such committees of 503(c)(5), the congressional intelligence com- other educational assistance provided to the determination not to provide such infor- mittees shall be treated as being fully and such individual by such element, whether in mation in full or to all members of such currently informed on such activity or cov- exchange for future services or otherwise, committees. Such notice shall be submitted ert action, as the case may be, for purposes using appropriated funds. in writing in a classified form, include a of subsection (a) if the requirements of such ‘‘(3) Any other debt or repayment owed to statement of the reasons for such determina- section 502(b) or 503(c)(5), as applicable, have an element of the intelligence community by tion and a description that provides the been met.’’. a private person or entity by reason of the main features of the covert action covered SEC. 308. INCREASE IN PENALTIES FOR DISCLO- negligent or willful action of such person or by such determination, and contain no re- SURE OF UNDERCOVER INTEL- entity, as determined by a court of com- striction on access to this notice by all mem- LIGENCE OFFICERS AND AGENTS. petent jurisdiction or in a lawful administra- bers of the committee.’’. (a) DISCLOSURE OF AGENT AFTER ACCESS TO tive proceeding.’’. (3) MODIFICATION OF NATURE OF CHANGE OF INFORMATION IDENTIFYING AGENT.—Sub- (b) CLERICAL AMENDMENT.—The table of COVERT ACTION TRIGGERING NOTICE REQUIRE- section (a) of section 601 of the National Se- contents in the first section of that Act is MENTS.—Subsection (d) of such section is curity Act of 1947 (50 U.S.C. 421) is amended amended by adding at the end the following amended by striking ‘‘significant’’ the first by striking ‘‘ten years’’ and inserting ‘‘15 new item: place it appears. years’’. ‘‘Sec. 1103. Retention and use of amounts SEC. 305. DELEGATION OF AUTHORITY FOR TRAV- (b) DISCLOSURE OF AGENT AFTER ACCESS TO paid as debts to elements of the EL ON COMMON CARRIERS FOR IN- CLASSIFIED INFORMATION.—Subsection (b) of intelligence community.’’. TELLIGENCE COLLECTION PER- such section is amended by striking ‘‘five SONNEL. years’’ and inserting ‘‘ten years’’. SEC. 310. EXTENSION TO INTELLIGENCE COMMU- NITY OF AUTHORITY TO DELETE IN- (a) DELEGATION OF AUTHORITY.—Section SEC. 309. RETENTION AND USE OF AMOUNTS 116(b) of the National Security Act of 1947 (50 FORMATION ABOUT RECEIPT AND PAID AS DEBTS TO ELEMENTS OF DISPOSITION OF FOREIGN GIFTS U.S.C. 404k(b)) is amended— THE INTELLIGENCE COMMUNITY. AND DECORATIONS. (1) by inserting ‘‘(1)’’ before ‘‘The Direc- (a) IN GENERAL.—Title XI of the National Paragraph (4) of section 7342(f) of title 5, tor’’; Security Act of 1947 (50 U.S.C. 442 et seq.) is United States Code, is amended to read as (2) in paragraph (1), by striking ‘‘may only amended by adding at the end the following follows: delegate’’ and all that follows and inserting new section: ‘‘(4)(A) In transmitting such listings for an ‘‘may delegate the authority in subsection ‘‘RETENTION AND USE OF AMOUNTS PAID AS element of the intelligence community, the (a) to the head of any other element of the DEBTS TO ELEMENTS OF THE INTELLIGENCE head of such element may delete the infor- intelligence community.’’; and COMMUNITY mation described in subparagraphs (A) and (3) by adding at the end the following new ‘‘SEC. 1103. (a) AUTHORITY TO RETAIN (C) of paragraphs (2) and (3) if the head of paragraph: such element certifies in writing to the Sec- ‘‘(2) The head of an element of the intel- AMOUNTS PAID.—Notwithstanding section retary of State that the publication of such ligence community to whom the authority in 3302 of title 31, United States Code, or any information could adversely affect United subsection (a) is delegated pursuant to para- other provision of law, the head of an ele- States intelligence sources or methods. graph (1) may further delegate such author- ment of the intelligence community may re- ‘‘(B) Any information not provided to the ity to such senior officials of such element as tain amounts paid or reimbursed to the Secretary of State pursuant to the authority are specified in guidelines prescribed by the United States, including amounts paid by an in subparagraph (A) shall be transmitted to Director of National Intelligence for pur- employee of the Federal Government from the Director of National Intelligence. poses of this paragraph.’’. personal funds, for repayment of a debt owed (b) SUBMITTAL OF GUIDELINES TO CON- to the element of the intelligence commu- ‘‘(C) In this paragraph, the term ‘element GRESS.—Not later than six months after the nity. of the intelligence community’ means an ele- date of the enactment of this Act, the Direc- ‘‘(b) CREDITING OF AMOUNTS RETAINED.—(1) ment of the intelligence community listed in tor of National Intelligence shall prescribe Amounts retained under subsection (a) shall or designated under section 3(4) of the Na- and submit to the congressional intelligence be credited to the current appropriation or tional Security Act of 1947 (50 U.S.C. committees the guidelines referred to in account from which such funds were derived 401a(4)).’’. paragraph (2) of section 116(b) of the Na- or whose expenditure formed the basis for SEC. 311. AVAILABILITY OF FUNDS FOR TRAVEL tional Security Act of 1947, as added by sub- the underlying activity from which the debt AND TRANSPORTATION OF PER- section (a). concerned arose. SONAL EFFECTS, HOUSEHOLD GOODS, AND AUTOMOBILES. (c) CONGRESSIONAL INTELLIGENCE COMMIT- ‘‘(2) Amounts credited to an appropriation (a) FUNDS OF OFFICE OF DIRECTOR OF NA- TEES DEFINED.—In this section, the term or account under paragraph (1) shall be ‘‘congressional intelligence committees’’ merged with amounts in such appropriation TIONAL INTELLIGENCE.—Funds appropriated means— or account, and shall be available in accord- to the Office of the Director of National In- (1) the Select Committee on Intelligence of ance with subsection (c). telligence and available for travel and trans- the Senate; and ‘‘(c) AVAILABILITY OF AMOUNTS.—Amounts portation expenses shall be available for (2) the Permanent Select Committee on In- credited to an appropriation or account such expenses when any part of the travel or telligence of the House of Representatives. under subsection (b) with respect to a debt transportation concerned begins in a fiscal owed to an element of the intelligence com- year pursuant to travel orders issued in such SEC. 306. MODIFICATION OF AVAILABILITY OF FUNDS FOR DIFFERENT INTEL- munity shall be available to the head of such fiscal year, notwithstanding that such travel LIGENCE ACTIVITIES. element, for such time as is applicable to or transportation is or may not be completed Subparagraph (B) of section 504(a)(3) of the amounts in such appropriation or account, during such fiscal year. National Security Act of 1947 (50 U.S.C. or such longer time as may be provided by (b) FUNDS OF CENTRAL INTELLIGENCE AGEN- 414(a)(3)) is amended to read as follows: law, for purposes as follows: CY.—Funds appropriated to the Central Intel- ‘‘(B) the use of such funds for such activity ‘‘(1) In the case of a debt arising from lost ligence Agency and available for travel and supports an emergent need, improves pro- or damaged property of such element, the re- transportation expenses shall be available gram effectiveness, or increases efficiency; pair of such property or the replacement of for such expenses when any part of the travel and’’. such property with alternative property that or transportation concerned begins in a fis- SEC. 307. ADDITIONAL LIMITATION ON AVAIL- will perform the same or similar functions as cal year pursuant to travel orders issued in ABILITY OF FUNDS FOR INTEL- such property. such fiscal year, notwithstanding that such LIGENCE AND INTELLIGENCE-RE- ‘‘(2) The funding of any other activities au- travel or transportation is or may not be LATED ACTIVITIES. thorized to be funded by such appropriation completed during such fiscal year. Section 504 of the National Security Act of or account. (c) TRAVEL AND TRANSPORTATION EXPENSES 1947 (50 U.S.C. 414) is amended— ‘‘(d) DEBT OWED TO AN ELEMENT OF THE IN- DEFINED.—In this section, the term ‘‘travel (1) in subsection (a), by inserting ‘‘the con- TELLIGENCE COMMUNITY DEFINED.—In this and transportation expenses’’ means the fol- gressional intelligence committees have section, the term ‘debt owed to an element of lowing: been fully and currently informed of such ac- the intelligence community’ means any of (1) Expenses in connection with travel of tivity and if’’ after ‘‘only if’’; the following: personnel, including travel of dependents. (2) by redesignating subsections (b), (c), ‘‘(1) A debt owed to an element of the intel- (2) Expenses in connection with transpor- (d), and (e) as subsections (c), (d), (e), and (f), ligence community by an employee or tation of personal effects, household goods, respectively; and former employee of such element for the or automobiles of personnel.

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SEC. 312. DIRECTOR OF NATIONAL INTEL- (b) DIRECTOR OF NATIONAL INTELLIGENCE SEC. 402. MODIFICATION OF LIMITATION ON DEL- LIGENCE REPORT ON COMPLIANCE REPORT.— EGATION BY THE DIRECTOR OF NA- TIONAL INTELLIGENCE OF THE PRO- WITH THE DETAINEE TREATMENT (1) REPORT REQUIRED.—Not later than 60 TECTION OF INTELLIGENCE ACT OF 2005. days after the date of the enactment of this (a) REPORT REQUIRED.—Not later than May SOURCES AND METHODS. Act, the Director of National Intelligence Section 102A(i)(3) of the National Security 1, 2007, the Director of National Intelligence shall provide to the members of the Select shall submit to the congressional intel- Act of 1947 (50 U.S.C. 403–1(i)(3)) is amended Committee on Intelligence of the Senate and by inserting before the period the following: ligence committees a comprehensive report the Permanent Select Committee on Intel- on all measures taken by the Office of the ‘‘, any Deputy Director of National Intel- ligence of the House of Representatives a re- ligence, or the Chief Information Officer of Director of National Intelligence and by each port on any clandestine prison or detention element, if any, of the intelligence commu- the Intelligence Community’’. facility currently or formerly operated by SEC. 403. AUTHORITY OF THE DIRECTOR OF NA- nity with relevant responsibilities to comply the United States Government for individ- with the provisions of the Detainee Treat- TIONAL INTELLIGENCE TO MANAGE uals captured in the global war on terrorism. ACCESS TO HUMAN INTELLIGENCE ment Act of 2005 (title X of division A of (2) ELEMENTS.—The report required by INFORMATION. Public Law 109–148). paragraph (1) shall include the following: Section 102A(b) of the National Security (b) ELEMENTS.—The report required by sub- (A) The date each prison or facility became Act of 1947 (50 U.S.C. 403–1(b)) is amended— section (a) shall include the following: operational, and if applicable, the date on (1) by inserting ‘‘(1)’’ before ‘‘Unless’’; and (1) A description of the detention or inter- which each prison or facility ceased its oper- (2) by adding at the end the following new rogation methods, if any, that have been de- ations. paragraph: termined to comply with section 1003 of the (B) The total number of prisoners or de- ‘‘(2) The Director of National Intelligence Detainee Treatment Act of 2005 (119 Stat. tainees held at each prison or facility during shall— 2739; 42 U.S.C. 2000dd), and, with respect to its operation. ‘‘(A) have access to all national intel- each such method— (C) The current number of prisoners or de- ligence, including intelligence reports, oper- (A) an identification of the official making tainees held at each operational prison or fa- ational data, and other associated informa- such determination; and cility. tion, concerning the human intelligence op- (B) a statement of the basis for such deter- (D) The total and average annual costs of erations of any element of the intelligence mination. each prison or facility during its operation. community authorized to undertake such (2) A description of the detention or inter- (E) A description of the interrogation pro- collection; rogation methods, if any, whose use has been cedures used or formerly used on detainees ‘‘(B) consistent with the protection of in- discontinued pursuant to the Detainee telligence sources and methods and applica- at each prison or facility, including whether Treatment Act of 2005, and, with respect to ble requirements in Executive Order 12333 (or a determination has been made that such each such method— any successor order) regarding the retention procedures are or were in compliance with (A) an identification of the official making and dissemination of information concerning the United States obligations under the Ge- the determination to discontinue such meth- United States persons, ensure maximum ac- neva Conventions and the Convention od; and cess to the intelligence information con- Against Torture. (B) a statement of the basis for such deter- tained in the information referred to in sub- (3) FORM OF REPORT.—The report required mination. paragraph (A) throughout the intelligence by paragraph (1) shall be submitted in classi- (3) A description of any actions that have community; and fied form. been taken to implement section 1004 of the ‘‘(C) consistent with subparagraph (B), pro- Detainee Treatment Act of 2005 (119 Stat. TITLE IV—MATTERS RELATING TO ELE- vide within the Office of the Director of Na- 2740; 42 U.S.C. 2000dd–1), and, with respect to MENTS OF THE INTELLIGENCE COMMU- tional Intelligence a mechanism for intel- each such action— NITY ligence community analysts and other offi- cers with appropriate clearances and an offi- (A) an identification of the official taking Subtitle A—Office of the Director of National cial need-to-know to gain access to informa- such action; and Intelligence (B) a statement of the basis for such ac- tion referred to in subparagraph (A) or (B) tion. SEC. 401. ADDITIONAL AUTHORITIES OF THE DI- when relevant to their official responsibil- (4) Any other matters that the Director RECTOR OF NATIONAL INTEL- ities.’’. considers necessary to fully and currently LIGENCE ON INTELLIGENCE INFOR- SEC. 404. ADDITIONAL ADMINISTRATIVE AU- MATION SHARING. inform the congressional intelligence com- THORITY OF THE DIRECTOR OF NA- mittees about the implementation of the De- Section 102A(g)(1) of the National Security TIONAL INTELLIGENCE. tainee Treatment Act of 2005. Act of 1947 (50 U.S.C. 403–1(g)(1)) is amend- Section 102A of the National Security Act (5) An appendix containing— ed— of 1947 (50 U.S.C. 403–1) is amended by adding (A) all guidelines for the application of the (1) in subparagraph (E), by striking ‘‘and’’ at the end the following new subsection: ‘‘(s) ADDITIONAL ADMINISTRATIVE AUTHORI- Detainee Treatment Act of 2005 to the deten- at the end; TIES.—(1) Notwithstanding section 1532 of tion or interrogation activities, if any, of (2) in subparagraph (F), by striking the pe- title 31, United States Code, or any other any element of the intelligence community; riod and inserting a semicolon; and (3) by adding at the end the following new provision of law prohibiting the interagency and financing of activities described in clause (i) (B) all legal opinions of any office or offi- subparagraphs: ‘‘(G) in carrying out this subsection, have or (ii) of subparagraph (A), in the perform- cial of the Department of Justice about the ance of the responsibilities, authorities, and meaning or application of Detainee Treat- the authority— ‘‘(i) to direct the development, deploy- duties of the Director of National Intel- ment Act of 2005 with respect to the deten- ligence or the Office of the Director of Na- tion or interrogation activities, if any, of ment, and utilization of systems of common concern for elements of the intelligence com- tional Intelligence— any element of the intelligence community. ‘‘(A) the Director may authorize the use of (c) FORM.—The report required by sub- munity, or that support the activities of such elements, related to the collection, interagency financing for— section (a) shall be submitted in classified ‘‘(i) national intelligence centers estab- form. processing, analysis, exploitation, and dis- semination of intelligence information; and lished by the Director under section 119B; (d) DEFINITIONS.—In this section: and (1) The term ‘‘congressional intelligence ‘‘(ii) without regard to any provision of law relating to the transfer, reprogramming, ob- ‘‘(ii) boards, commissions, councils, com- committees’’ means— mittees, and similar groups established by (A) the Select Committee on Intelligence ligation, or expenditure of funds, other than the provisions of this Act and the National the Director; and of the Senate; and ‘‘(B) upon the authorization of the Direc- (B) the Permanent Select Committee of Security Intelligence Reform Act of 2004 (title I of Public Law 108–458), to expend tor, any department, agency, or element of the House of Representatives. the United States Government, including (2) The term ‘‘intelligence community’’ funds for purposes associated with the devel- opment, deployment, and utilization of such any element of the intelligence community, means the elements of the intelligence com- may fund or participate in the funding of munity specified in or designated under sec- systems, which funds may be received and utilized by any department, agency, or other such activities. tion 3(4) of the National Security Act of 1947 ‘‘(2) No provision of law enacted after the element of the United States Government for (50 U.S.C. 401a(4)). date of the enactment of this subsection SEC. 313. REPORT ON ANY CLANDESTINE DETEN- such purposes; and shall be deemed to limit or supersede the au- TION FACILITIES FOR INDIVIDUALS ‘‘(H) for purposes of addressing critical thority in paragraph (1) unless such provi- CAPTURED IN THE GLOBAL WAR ON gaps in intelligence information sharing or sion makes specific reference to the author- TERRORISM. access capabilities, have the authority to ity in that paragraph.’’. (a) IN GENERAL.—The President shall en- transfer funds appropriated for a program SEC. 405. CLARIFICATION OF LIMITATION ON CO- sure that the United States Government con- within the National Intelligence Program to LOCATION OF THE OFFICE OF THE tinues to comply with the authorization, re- a program funded by appropriations not DIRECTOR OF NATIONAL INTEL- porting, and notification requirements of within the National Intelligence Program, LIGENCE. title V of the National Security Act of 1947 consistent with paragraphs (3) through (7) of Section 103(e) of the National Security Act (50 U.S.C. 413 et seq.). subsection (d).’’. of 1947 (50 U.S.C. 403–3(e)) is amended—

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2007 CONGRESSIONAL RECORD — SENATE S4513 (1) by striking ‘‘WITH’’ and inserting ‘‘OF (B) goals for advanced research and devel- ‘‘(A) problems and deficiencies relating to HEADQUARTERS WITH HEADQUARTERS opment and a strategy to achieve such goals; the administration and implementation of OF’’; (C) an explanation of how each advanced such programs and operations, and to such (2) by inserting ‘‘the headquarters of’’ be- research and development project funded relationships; and fore ‘‘the Office’’; and under the National Intelligence Program ad- ‘‘(B) the necessity for, and the progress of, (3) by striking ‘‘any other element’’ and in- dresses an identified intelligence gap; corrective actions; and serting ‘‘the headquarters of any other ele- (D) a list of all current and projected re- ‘‘(4) in the manner prescribed by this sec- ment’’. search and development projects by research tion, ensure that the congressional intel- SEC. 406. ADDITIONAL DUTIES OF THE DIRECTOR type (basic, advanced, or applied) with esti- ligence committees are kept similarly in- OF SCIENCE AND TECHNOLOGY OF mated funding levels, estimated initiation formed of— THE OFFICE OF THE DIRECTOR OF dates, and estimated completion dates; and ‘‘(A) significant problems and deficiencies NATIONAL INTELLIGENCE. (E) a plan to incorporate technology from relating to the administration and imple- (a) COORDINATION AND PRIORITIZATION OF research and development projects into Na- mentation of such programs and operations, RESEARCH CONDUCTED BY ELEMENTS OF INTEL- tional Intelligence Program acquisition pro- and to such relationships; and LIGENCE COMMUNITY.—Subsection (d) of sec- grams. ‘‘(B) the necessity for, and the progress of, tion 103E of the National Security Act of 1947 (3) The report may be submitted in classi- corrective actions. (50 U.S.C. 403–3e) is amended— fied form. (1) in paragraph (3)(A), by inserting ‘‘and SEC. 407. APPOINTMENT AND TITLE OF CHIEF IN- ‘‘(c) INSPECTOR GENERAL OF INTELLIGENCE prioritize’’ after ‘‘coordinate’’; and FORMATION OFFICER OF THE IN- COMMUNITY.—(1) There is an Inspector Gen- (2) by adding at the end the following new TELLIGENCE COMMUNITY. eral of the Intelligence Community, who paragraph: (a) APPOINTMENT.— shall be the head of the Office of the Inspec- ‘‘(4) In carrying out paragraph (3)(A), the (1) IN GENERAL.—Subsection (a) of section tor General of the Intelligence Community, Committee shall identify basic, advanced, 103G of the National Security Act of 1947 (50 who shall be appointed by the President, by and applied research programs to be carried U.S.C. 403–3g) is amended by striking ‘‘the and with the advice and consent of the Sen- out by elements of the intelligence commu- President, by and with the advice and con- ate. nity.’’. sent of the Senate’’ and inserting ‘‘the Direc- (b) DEVELOPMENT OF TECHNOLOGY GOALS.— tor of National Intelligence’’. ‘‘(2) The nomination of an individual for That section is further amended— (2) APPLICABILITY.—The amendment made appointment as Inspector General shall be (1) in subsection (c)— by paragraph (1) shall take effect on the date made— (A) in paragraph (4), by striking ‘‘and’’ at of the enactment of this Act, and shall apply ‘‘(A) without regard to political affiliation; the end; with respect to any appointment of an indi- ‘‘(B) solely on the basis of integrity, com- (B) by redesignating paragraph (5) as para- vidual as Chief Information Officer of the In- pliance with the security standards of the in- graph (8); and telligence Community that is made on or telligence community, and prior experience (C) by inserting after paragraph (4) the fol- after that date. in the field of intelligence or national secu- lowing new paragraphs: (b) TITLE.—Such section is further amend- rity; and ‘‘(5) assist the Director in establishing ed— ‘‘(C) on the basis of demonstrated ability goals for the elements of the intelligence (1) in subsection (a), by inserting ‘‘of the in accounting, financial analysis, law, man- community to meet the technology needs of Intelligence Community’’ after ‘‘Chief Infor- agement analysis, public administration, or the intelligence community; mation Officer’’; auditing. ‘‘(6) under the direction of the Director, es- (2) in subsection (b), by inserting ‘‘of the ‘‘(3) The Inspector General shall report di- tablish engineering standards and specifica- Intelligence Community’’ after ‘‘Chief Infor- rectly to and be under the general super- tions applicable to each acquisition of a mation Officer’’; vision of the Director of National Intel- major system (as that term is defined in sec- (3) in subsection (c), by inserting ‘‘of the ligence. tion 506A(e)(3)) by the intelligence commu- Intelligence Community’’ after ‘‘Chief Infor- nity; mation Officer’’; and ‘‘(4) The Inspector General may be removed ‘‘(7) ensure that each acquisition program (4) in subsection (d), by inserting ‘‘of the from office only by the President. The Presi- of the intelligence community for a major Intelligence Community’’ after ‘‘Chief Infor- dent shall immediately communicate in system (as so defined) complies with the mation Officer’’ the first place it appears. writing to the congressional intelligence standards and specifications established SEC. 408. INSPECTOR GENERAL OF THE INTEL- committees the reasons for the removal of under paragraph (6); and’’; and LIGENCE COMMUNITY. any individual from the position of Inspector (2) by adding at the end the following new (a) ESTABLISHMENT.—(1) Title I of the Na- General. tional Security Act of 1947 (50 U.S.C. 402 et subsection: ‘‘(d) DUTIES AND RESPONSIBILITIES.—Sub- ‘‘(e) GOALS FOR TECHNOLOGY NEEDS OF IN- seq.) is amended by inserting after section ject to subsections (g) and (h), it shall be the TELLIGENCE COMMUNITY.—In carrying out 103G the following new section: duty and responsibility of the Inspector Gen- subsection (c)(5), the Director of Science and ‘‘INSPECTOR GENERAL OF THE INTELLIGENCE eral of the Intelligence Community— Technology shall— COMMUNITY ‘‘(1) to provide policy direction for, and to ‘‘(1) systematically identify and assess the ‘‘SEC. 103H. (a) OFFICE OF INSPECTOR GEN- plan, conduct, supervise, and coordinate most significant intelligence challenges that ERAL OF INTELLIGENCE COMMUNITY.—There is require technical solutions; within the Office of the Director of National independently, the investigations, inspec- ‘‘(2) examine options to enhance the re- Intelligence an Office of the Inspector Gen- tions, and audits relating to the programs sponsiveness of research and design pro- eral of the Intelligence Community. and operations of the intelligence commu- grams of the elements of the intelligence ‘‘(b) PURPOSE.—The purpose of the Office of nity, the elements of the intelligence com- community to meet the requirements of the the Inspector General of the Intelligence munity within the National Intelligence Pro- intelligence community for timely support; Community is to— gram, and the relationships between the ele- and ‘‘(1) create an objective and effective of- ments of the intelligence community within ‘‘(3) assist the Director of National Intel- fice, appropriately accountable to Congress, the National Intelligence Program and the ligence in establishing research and develop- to initiate and conduct independently inves- other elements of the intelligence commu- ment priorities and projects for the intel- tigations, inspections, and audits relating nity to ensure they are conducted efficiently ligence community that— to— and in accordance with applicable law and ‘‘(A) are consistent with current or future ‘‘(A) the programs and operations of the in- regulations; national intelligence requirements; telligence community; ‘‘(2) to keep the Director of National Intel- ‘‘(B) address deficiencies or gaps in the col- ‘‘(B) the elements of the intelligence com- ligence fully and currently informed con- lection, processing, analysis, or dissemina- munity within the National Intelligence Pro- cerning violations of law and regulations, tion of national intelligence; gram; and violations of civil liberties and privacy, and ‘‘(C) take into account funding constraints ‘‘(C) the relationships between the ele- fraud and other serious problems, abuses, in program development and acquisition; and ments of the intelligence community within and deficiencies that may occur in such pro- ‘‘(D) address system requirements from the National Intelligence Program and the grams and operations, and in such relation- collection to final dissemination (also known other elements of the intelligence commu- ships, and to report the progress made in im- as ‘end-to-end architecture’).’’. nity; plementing corrective action; (c) REPORT.—(1) Not later than June 30, ‘‘(2) recommend policies designed— ‘‘(3) to take due regard for the protection 2007, the Director of National Intelligence ‘‘(A) to promote economy, efficiency, and of intelligence sources and methods in the shall submit to Congress a report containing effectiveness in the administration and im- preparation of all reports issued by the In- a strategy for the development and use of plementation of such programs and oper- spector General, and, to the extent con- technology in the intelligence community ations, and in such relationships; and sistent with the purpose and objective of through 2021. ‘‘(B) to prevent and detect fraud and abuse such reports, take such measures as may be (2) The report shall include— in such programs, operations, and relation- appropriate to minimize the disclosure of in- (A) an assessment of the highest priority ships; telligence sources and methods described in intelligence gaps across the intelligence ‘‘(3) provide a means for keeping the Direc- such reports; and community that may be resolved by the use tor of National Intelligence fully and cur- ‘‘(4) in the execution of the duties and re- of technology; rently informed about— sponsibilities under this section, to comply

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4514 CONGRESSIONAL RECORD — SENATE April 16, 2007 with generally accepted government audit- complaint was made or the information was munity shall be provided with appropriate ing standards. disclosed with the knowledge that it was and adequate office space at central and field ‘‘(e) LIMITATIONS ON ACTIVITIES.—(1) The false or with willful disregard for its truth or office locations, together with such equip- Director of National Intelligence may pro- falsity. ment, office supplies, maintenance services, hibit the Inspector General of the Intel- ‘‘(4) The Inspector General shall have au- and communications facilities and services ligence Community from initiating, carrying thority to administer to or take from any as may be necessary for the operation of out, or completing any investigation, inspec- person an oath, affirmation, or affidavit, such offices. tion, or audit if the Director determines that whenever necessary in the performance of ‘‘(2)(A) Subject to applicable law and the such prohibition is necessary to protect vital the duties of the Inspector General, which policies of the Director of National Intel- national security interests of the United oath, affirmation, or affidavit when adminis- ligence, the Inspector General shall select, States. tered or taken by or before an employee of appoint, and employ such officers and em- ‘‘(2) If the Director exercises the authority the Office of the Inspector General of the In- ployees as may be necessary to carry out the under paragraph (1), the Director shall sub- telligence Community designated by the In- functions of the Inspector General. The In- mit an appropriately classified statement of spector General shall have the same force spector General shall ensure that any officer the reasons for the exercise of such author- and effect as if administered or taken by or or employee so selected, appointed, or em- ity within 7 days to the congressional intel- before an officer having a seal. ployed has security clearances appropriate ligence committees. ‘‘(5)(A) Except as provided in subparagraph for the assigned duties of such officer or em- ‘‘(3) The Director shall advise the Inspector (B), the Inspector General is authorized to ployee. General at the time a report under para- require by subpoena the production of all in- ‘‘(B) In making selections under subpara- graph (2) is submitted, and, to the extent formation, documents, reports, answers, graph (A), the Inspector General shall ensure consistent with the protection of intel- records, accounts, papers, and other data and that such officers and employees have the ligence sources and methods, provide the In- documentary evidence necessary in the per- requisite training and experience to enable spector General with a copy of such report. formance of the duties and responsibilities of the Inspector General to carry out the duties ‘‘(4) The Inspector General may submit to the Inspector General. of the Inspector General effectively. the congressional intelligence committees ‘‘(B) In the case of departments, agencies, ‘‘(C) In meeting the requirements of this paragraph, the Inspector General shall cre- any comments on a report of which the In- and other elements of the United States Gov- ate within the Office of the Inspector Gen- spector General has notice under paragraph ernment, the Inspector General shall obtain eral of the Intelligence Community a career (3) that the Inspector General considers ap- information, documents, reports, answers, cadre of sufficient size to provide appro- propriate. records, accounts, papers, and other data and priate continuity and objectivity needed for ‘‘(f) AUTHORITIES.—(1) The Inspector Gen- evidence for the purpose specified in sub- eral of the Intelligence Community shall paragraph (A) using procedures other than the effective performance of the duties of the have direct and prompt access to the Direc- by subpoenas. Inspector General. ‘‘(3)(A) Subject to the concurrence of the tor of National Intelligence when necessary ‘‘(C) The Inspector General may not issue a Director, the Inspector General may request for any purpose pertaining to the perform- subpoena for or on behalf of any other ele- ment of the intelligence community, includ- such information or assistance as may be ance of the duties of the Inspector General. necessary for carrying out the duties and re- ‘‘(2)(A) The Inspector General shall have ing the Office of the Director of National In- sponsibilities of the Inspector General from access to any employee, or any employee of telligence. any department, agency, or other element of a contractor, of any element of the intel- ‘‘(D) In the case of contumacy or refusal to obey a subpoena issued under this paragraph, the United States Government. ligence community whose testimony is need- ‘‘(B) Upon request of the Inspector General ed for the performance of the duties of the the subpoena shall be enforceable by order of any appropriate district court of the United for information or assistance under subpara- Inspector General. graph (A), the head of the department, agen- ‘‘(B) The Inspector General shall have di- States. ‘‘(g) COORDINATION AMONG INSPECTORS GEN- cy, or element concerned shall, insofar as is rect access to all records, reports, audits, re- ERAL OF INTELLIGENCE COMMUNITY.—(1) In practicable and not in contravention of any views, documents, papers, recommendations, the event of a matter within the jurisdiction existing statutory restriction or regulation or other material which relate to the pro- of the Inspector General of the Intelligence of the department, agency, or element, fur- grams and operations with respect to which Community that may be subject to an inves- nish to the Inspector General, or to an au- the Inspector General has responsibilities tigation, inspection, or audit by both the In- thorized designee, such information or as- under this section. spector General of the Intelligence Commu- sistance. ‘‘(C) The level of classification or nity and an Inspector General, whether stat- ‘‘(C) The Inspector General of the Intel- compartmentation of information shall not, utory or administrative, with oversight re- ligence Community may, upon reasonable in and of itself, provide a sufficient rationale sponsibility for an element or elements of notice to the head of any element of the in- for denying the Inspector General access to the intelligence community, the Inspector telligence community, conduct, as author- any materials under subparagraph (B). General of the Intelligence Community and ized by this section, an investigation, inspec- ‘‘(D) Failure on the part of any employee, such other Inspector or Inspectors General tion, or audit of such element and may enter or any employee of a contractor, of any ele- shall expeditiously resolve which Inspector into any place occupied by such element for ment of the intelligence community to co- General shall conduct such investigation, in- purposes of the performance of the duties of operate with the Inspector General shall be spection, or audit. the Inspector General. grounds for appropriate administrative ac- ‘‘(2) The Inspector General conducting an ‘‘(i) REPORTS.—(1)(A) The Inspector Gen- tions by the Director or, on the rec- investigation, inspection, or audit covered eral of the Intelligence Community shall, ommendation of the Director, other appro- by paragraph (1) shall submit the results of not later than January 31 and July 31 of each priate officials of the intelligence commu- such investigation, inspection, or audit to year, prepare and submit to the Director of nity, including loss of employment or the any other Inspector General, including the National Intelligence a classified, and, as ap- termination of an existing contractual rela- Inspector General of the Intelligence Com- propriate, unclassified semiannual report tionship. munity, with jurisdiction to conduct such in- summarizing the activities of the Office of ‘‘(3) The Inspector General is authorized to vestigation, inspection, or audit who did not the Inspector General of the Intelligence receive and investigate complaints or infor- conduct such investigation, inspection, or Community during the immediately pre- mation from any person concerning the ex- audit. ceding 6-month periods ending December 31 istence of an activity constituting a viola- ‘‘(3)(A) If an investigation, inspection, or (of the preceding year) and June 30, respec- tion of laws, rules, or regulations, or mis- audit covered by paragraph (1) is conducted tively. management, gross waste of funds, abuse of by an Inspector General other than the In- ‘‘(B) Each report under this paragraph authority, or a substantial and specific dan- spector General of the Intelligence Commu- shall include, at a minimum, the following: ger to the public health and safety. Once nity, the Inspector General of the Intel- ‘‘(i) A list of the title or subject of each in- such complaint or information has been re- ligence Community may, upon completion of vestigation, inspection, or audit conducted ceived from an employee of the Federal Gov- such investigation, inspection, or audit by during the period covered by such report, in- ernment— such other Inspector General, conduct under cluding a summary of the progress of each ‘‘(A) the Inspector General shall not dis- this section a separate investigation, inspec- particular investigation, inspection, or audit close the identity of the employee without tion, or audit of the matter concerned if the since the preceding report of the Inspector the consent of the employee, unless the In- Inspector General of the Intelligence Com- General under this paragraph. spector General determines that such disclo- munity determines that such initial inves- ‘‘(ii) A description of significant problems, sure is unavoidable during the course of the tigation, inspection, or audit was deficient in abuses, and deficiencies relating to the ad- investigation or the disclosure is made to an some manner or that further investigation, ministration and implementation of pro- official of the Department of Justice respon- inspection, or audit is required. grams and operations of the intelligence sible for determining whether a prosecution ‘‘(B) This paragraph shall not apply to the community, and in the relationships between should be undertaken; and Inspector General of the Department of De- elements of the intelligence community, ‘‘(B) no action constituting a reprisal, or fense or to any other Inspector General with- identified by the Inspector General during threat of reprisal, for making such com- in the Department of Defense. the period covered by such report. plaint may be taken by any employee in a ‘‘(h) STAFF AND OTHER SUPPORT.—(1) The ‘‘(iii) A description of the recommenda- position to take such actions, unless the Inspector General of the Intelligence Com- tions for corrective or disciplinary action

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2007 CONGRESSIONAL RECORD — SENATE S4515 made by the Inspector General during the pe- tain significant documentary information in involving classified information, but does riod covered by such report with respect to the course of an investigation, inspection, or not include differences of opinions con- significant problems, abuses, or deficiencies audit, cerning public policy matters. identified in clause (ii). the Inspector General shall immediately no- ‘‘(ii) A false statement to Congress, or a ‘‘(iv) A statement whether or not correc- tify and submit a report on such matter to willful withholding from Congress, on an tive or disciplinary action has been com- the congressional intelligence committees. issue of material fact relating to the fund- pleted on each significant recommendation ‘‘(4) Pursuant to title V, the Director shall ing, administration, or operation of an intel- described in previous semiannual reports, submit to the congressional intelligence ligence activity. and, in a case where corrective action has committees any report or findings and rec- ‘‘(iii) An action, including a personnel ac- been completed, a description of such correc- ommendations of an investigation, inspec- tion described in section 2302(a)(2)(A) of title tive action. tion, or audit conducted by the office which 5, United States Code, constituting reprisal ‘‘(v) A certification whether or not the In- has been requested by the Chairman or Vice or threat of reprisal prohibited under sub- spector General has had full and direct ac- Chairman or Ranking Minority Member of section (f)(3)(B) of this section in response to cess to all information relevant to the per- either committee. an employee’s reporting an urgent concern formance of the functions of the Inspector ‘‘(5)(A) An employee of an element of the in accordance with this paragraph. General. intelligence community, an employee as- ‘‘(H) In support of this paragraph, Congress makes the findings set forth in paragraphs ‘‘(vi) A description of the exercise of the signed or detailed to an element of the intel- (1) through (6) of section 701(b) of the Intel- subpoena authority under subsection (f)(5) by ligence community, or an employee of a con- ligence Community Whistleblower Protec- the Inspector General during the period cov- tractor to the intelligence community who tion Act of 1998 (title VII of Public Law 105– ered by such report. intends to report to Congress a complaint or ‘‘(vii) Such recommendations as the In- 272; 5 U.S.C. App. 8H note). information with respect to an urgent con- ‘‘(6) In accordance with section 535 of title spector General considers appropriate for cern may report such complaint or informa- legislation to promote economy, efficiency, 28, United States Code, the Inspector General tion to the Inspector General. shall report to the Attorney General any in- and effectiveness in the administration and ‘‘(B) Not later than the end of the 14-cal- formation, allegation, or complaint received implementation of programs and operations endar day period beginning on the date of re- by the Inspector General relating to viola- undertaken by the intelligence community, ceipt from an employee of a complaint or in- tions of Federal criminal law that involves a and in the relationships between elements of formation under subparagraph (A), the In- program or operation of an element of the the intelligence community, and to detect spector General shall determine whether the intelligence community, or in the relation- and eliminate fraud and abuse in such pro- complaint or information appears credible. ships between the elements of the intel- grams and operations and in such relation- Upon making such a determination, the In- ligence community, consistent with such ships. spector General shall transmit to the Direc- guidelines as may be issued by the Attorney ‘‘(C) Not later than the 30 days after the tor a notice of that determination, together General pursuant to subsection (b)(2) of such date of receipt of a report under subpara- with the complaint or information. section. A copy of each such report shall be graph (A), the Director shall transmit the re- ‘‘(C) Upon receipt of a transmittal from the furnished to the Director. port to the congressional intelligence com- Inspector General under subparagraph (B), ‘‘(j) SEPARATE BUDGET ACCOUNT.—The Di- mittees together with any comments the Di- the Director shall, within seven calendar rector of National Intelligence shall, in ac- rector considers appropriate. cordance with procedures to be issued by the ‘‘(2)(A) The Inspector General shall report days of such receipt, forward such trans- mittal to the congressional intelligence com- Director in consultation with the congres- immediately to the Director whenever the sional intelligence committees, include in Inspector General becomes aware of particu- mittees, together with any comments the Di- rector considers appropriate. the National Intelligence Program budget a larly serious or flagrant problems, abuses, or separate account for the Office of Inspector deficiencies relating to the administration ‘‘(D)(i) If the Inspector General does not find credible under subparagraph (B) a com- General of the Intelligence Community. and implementation of programs or oper- ‘‘(k) CONSTRUCTION OF DUTIES REGARDING ations of the intelligence community or in plaint or information submitted under sub- paragraph (A), or does not transmit the com- ELEMENTS OF INTELLIGENCE COMMUNITY.—Ex- the relationships between elements of the in- cept as resolved pursuant to subsection (g), telligence community. plaint or information to the Director in ac- curate form under subparagraph (B), the em- the performance by the Inspector General of ‘‘(B) The Director shall transmit to the the Intelligence Community of any duty, re- ployee (subject to clause (ii)) may submit congressional intelligence committees each sponsibility, or function regarding an ele- the complaint or information to Congress by report under subparagraph (A) within seven ment of the intelligence community shall contacting either or both of the congres- calendar days of receipt of such report, to- not be construed to modify or effect the du- sional intelligence committees directly. gether with such comments as the Director ties and responsibilities of any other Inspec- considers appropriate. ‘‘(ii) An employee may contact the intel- tor General, whether statutory or adminis- ‘‘(3) In the event that— ligence committees directly as described in trative, having duties and responsibilities re- ‘‘(A) the Inspector General is unable to re- clause (i) only if the employee— lating to such element.’’. solve any differences with the Director af- ‘‘(I) before making such a contact, fur- (2) The table of contents in the first sec- fecting the execution of the duties or respon- nishes to the Director, through the Inspector tion of the National Security Act of 1947 is sibilities of the Inspector General; General, a statement of the employee’s com- amended by inserting after the item relating ‘‘(B) an investigation, inspection, or audit plaint or information and notice of the em- to section 103G the following new item: carried out by the Inspector General focuses ployee’s intent to contact the congressional ‘‘Sec. 103H. Inspector General of the Intel- on any current or former intelligence com- intelligence committees directly; and ligence Community.’’. munity official who— ‘‘(II) obtains and follows from the Director, (b) REPEAL OF SUPERSEDED AUTHORITY TO ‘‘(i) holds or held a position in an element through the Inspector General, direction on ESTABLISH POSITION.—Section 8K of the In- of the intelligence community that is sub- how to contact the intelligence committees spector General Act of 1978 (5 U.S.C. App.) is ject to appointment by the President, wheth- in accordance with appropriate security repealed. er or not by and with the advice and consent practices. (c) EXECUTIVE SCHEDULE LEVEL IV.—Sec- of the Senate, including such a position held ‘‘(iii) A member or employee of one of the tion 5314 of title 5, United States Code, is on an acting basis; congressional intelligence committees who amended by adding at the end the following ‘‘(ii) holds or held a position in an element receives a complaint or information under new item: of the intelligence community, including a clause (i) does so in that member or employ- ‘‘Inspector General of the Intelligence position held on an acting basis, that is ap- ee’s official capacity as a member or em- Community.’’. pointed by the Director of National Intel- ployee of such committee. SEC. 409. LEADERSHIP AND LOCATION OF CER- ligence; or ‘‘(E) The Inspector General shall notify an TAIN OFFICES AND OFFICIALS. ‘‘(iii) holds or held a position as head of an employee who reports a complaint or infor- (a) NATIONAL COUNTER PROLIFERATION CEN- element of the intelligence community or a mation to the Inspector General under this TER.—Section 119A(a) of the National Secu- position covered by subsection (b) or (c) of paragraph of each action taken under this rity Act of 1947 (50 U.S.C. 404o–1(a)) is amend- section 106; paragraph with respect to the complaint or ed— ‘‘(C) a matter requires a report by the In- information. Such notice shall be provided (1) by striking ‘‘(a) ESTABLISHMENT.—Not spector General to the Department of Jus- not later than 3 days after any such action is later than 18 months after the date of the en- tice on possible criminal conduct by a cur- taken. actment of the National Security Intel- rent or former official described in subpara- ‘‘(F) An action taken by the Director or ligence Reform Act of 2004, the’’ and insert- graph (B); the Inspector General under this paragraph ing the following: ‘‘(D) the Inspector General receives notice shall not be subject to judicial review. ‘‘(a) IN GENERAL.— from the Department of Justice declining or ‘‘(G) In this paragraph, the term ‘urgent ‘‘(1) ESTABLISHMENT.—The’’; and approving prosecution of possible criminal concern’ means any of the following: (2) by adding at the end the following new conduct of any current or former official de- ‘‘(i) A serious or flagrant problem, abuse, paragraphs: scribed in subparagraph (B); or violation of law or Executive order, or defi- ‘‘(2) DIRECTOR.—The head of the National ‘‘(E) the Inspector General, after exhaust- ciency relating to the funding, administra- Counter Proliferation Center shall be the Di- ing all possible alternatives, is unable to ob- tion, or operation of an intelligence activity rector of the National Counter Proliferation

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4516 CONGRESSIONAL RECORD — SENATE April 16, 2007 Center, who shall be appointed by the Direc- the Permanent Select Committee on Intel- ‘‘(1) United States citizens or aliens law- tor of National Intelligence. ligence of the House of Representatives a re- fully admitted for permanent residence who ‘‘(3) LOCATION.—The National Counter Pro- port on the organizational structure of the have requested information on themselves liferation Center shall be located within the National Space Intelligence Center estab- pursuant to the provisions of section 552 or Office of the Director of National Intel- lished by section 119C of the National Secu- 552a of title 5, United States Code. ligence.’’. rity Act of 1947 (as added by subsection (a)). ‘‘(2) Any special activity the existence of (b) OFFICERS.—Section 103(c) of that Act (2) ELEMENTS.—The report required by which is not exempt from disclosure under (50 U.S.C. 403–3(c)) is amended— paragraph (1) shall include the following: the provisions of section 552 of title 5, United (1) by redesignating paragraph (9) as para- (A) The proposed organizational structure States Code. graph (13); and of the National Space Intelligence Center. ‘‘(3) The specific subject matter of an in- (2) by inserting after paragraph (8) the fol- (B) An identification of key participants in vestigation by any of the following for any lowing new paragraphs: the Center. impropriety, or violation of law, Executive ‘‘(9) The Chief Information Officer of the (C) A strategic plan for the Center during order, or Presidential directive, in the con- Intelligence Community. the five-year period beginning on the date of duct of an intelligence activity: ‘‘(10) The Inspector General of the Intel- the report. ‘‘(A) The Select Committee on Intelligence ligence Community. SEC. 411. OPERATIONAL FILES IN THE OFFICE OF of the Senate. ‘‘(11) The Director of the National Counter- THE DIRECTOR OF NATIONAL INTEL- ‘‘(B) The Permanent Select Committee on terrorism Center. LIGENCE. Intelligence of the House of Representatives. ‘‘(12) The Director of the National Counter (a) IN GENERAL.—Title VII of the National ‘‘(C) The Intelligence Oversight Board. Proliferation Center.’’. Security Act of 1947 (50 U.S.C. 431 et seq.) is ‘‘(D) The Department of Justice. SEC. 410. NATIONAL SPACE INTELLIGENCE CEN- amended by inserting before section 701 the ‘‘(E) The Office of the Director of National TER. following new section: Intelligence. (a) ESTABLISHMENT.— ‘‘OPERATIONAL FILES IN THE OFFICE OF THE ‘‘(F) The Office of the Inspector General of (1) IN GENERAL.—Title I of the National Se- DIRECTOR OF NATIONAL INTELLIGENCE the Intelligence Community.’’. curity Act of 1947 (50 U.S.C. 401 et seq.) is ‘‘SEC. 700. (a) EXEMPTION OF CERTAIN FILES (b) CLERICAL AMENDMENT.—The table of amended by adding after section 119B the fol- FROM SEARCH, REVIEW, PUBLICATION, OR DIS- contents in the first section of that Act is lowing new section: CLOSURE.—(1) Information and records de- amended by inserting before the item relat- ‘‘NATIONAL SPACE INTELLIGENCE CENTER scribed in paragraph (2) shall be exempt from ing to section 701 the following new item: ‘‘SEC. 119C. (a) ESTABLISHMENT.—There is the provisions of section 552 of title 5, United ‘‘Sec. 700. Operational files in the Office of established within the Office of the Director States Code, that require search, review, the Director of National Intel- of National Intelligence a National Space In- publication, or disclosure in connection ligence.’’. telligence Center. therewith when— SEC. 412. ELIGIBILITY FOR INCENTIVE AWARDS ‘‘(b) DIRECTOR OF NATIONAL SPACE INTEL- ‘‘(A) such information or records are not OF PERSONNEL ASSIGNED TO THE LIGENCE CENTER.—The National Intelligence disseminated outside the Office of the Direc- OFFICE OF THE DIRECTOR OF NA- Officer for Science and Technology, or a suc- tor of National Intelligence; or TIONAL INTELLIGENCE. (a) IN GENERAL.—Subsection (a) of section cessor position designated by the Director of ‘‘(B) such information or records are incor- 402 of the Intelligence Authorization Act for National Intelligence, shall act as the Direc- porated into new information or records cre- Fiscal Year 1984 (50 U.S.C. 403e–1) is amended tor of the National Space Intelligence Cen- ated by personnel of the Office in a manner that identifies such new information or to read as follows: ter. ‘‘(a) AUTHORITY FOR PAYMENT OF AWARDS.— records as incorporating such information or ‘‘(c) MISSIONS.—The National Space Intel- (1) The Director of National Intelligence records and such new information or records ligence Center shall have the following mis- may exercise the authority granted in sec- sions: are not disseminated outside the Office. tion 4503 of title 5, United States Code, with ‘‘(2) Information and records described in ‘‘(1) To coordinate and provide policy di- respect to Federal employees and members this paragraph are the following: rection for the management of space-related of the Armed Forces detailed or assigned to ‘‘(A) Information disseminated or other- intelligence assets. the Office of the Director of National Intel- ‘‘(2) To prioritize collection activities con- wise provided to an element of the Office of ligence in the same manner as such author- sistent with the National Intelligence Col- the Director of National Intelligence from ity may be exercised with respect to per- lection Priorities framework, or a successor the operational files of an element of the in- sonnel of the Office. framework or other document designated by telligence community that have been ex- ‘‘(2) The Director of the Central Intel- the Director of National Intelligence. empted from search, review, publication, or ligence Agency may exercise the authority ‘‘(3) To provide policy direction for pro- disclosure in accordance with this title or granted in section 4503 of title 5, United grams designed to ensure a sufficient cadre any other provision of law. States Code, with respect to Federal employ- of government and nongovernment personnel ‘‘(B) Any information or records created by ees and members of the Armed Forces de- in fields relating to space intelligence, in- the Office that incorporate information de- tailed or assigned to the Central Intelligence cluding programs to support education, re- scribed in subparagraph (A). Agency in the same manner as such author- cruitment, hiring, training, and retention of ‘‘(3) An operational file of an element of ity may be exercised with respect to per- qualified personnel. the intelligence community from which in- sonnel of the Agency.’’. ‘‘(4) To evaluate independent analytic as- formation described in paragraph (2)(A) is (b) REPEAL OF OBSOLETE AUTHORITY.—That sessments of threats to classified United disseminated or provided to the Office of the section is further amended— States space intelligence systems through- Director of National Intelligence as de- (1) by striking subsection (c); and out all phases of the development, acquisi- scribed in that paragraph shall remain ex- (2) by redesignating subsection (d) as sub- tion, and operation of such systems. empt from search, review, publication, or section (c). ‘‘(d) ACCESS TO INFORMATION.—The Direc- disclosure under section 552 of title 5, United (c) EXPEDITIOUS PAYMENT.—That section is tor of National Intelligence shall ensure that States Code, to the extent the operational further amended by adding at the end the the National Space Intelligence Center has files from which such information was de- following new subsection (d): access to all national intelligence informa- rived remain exempt from search, review, ‘‘(d) EXPEDITIOUS PAYMENT.—Payment of tion (as appropriate), and such other infor- publication, or disclosure under section 552 an award under this authority in this section shall be made as expeditiously as is prac- mation (as appropriate and practical), nec- of such title. ‘‘(b) SEARCH AND REVIEW OF CERTAIN ticable after the making of the award.’’. essary for the Center to carry out the mis- FILES.—Information disseminated or other- (d) CONFORMING AMENDMENTS.—That sec- sions of the Center under subsection (c). wise provided to the Office of the Director of tion is further amended— ‘‘(e) SEPARATE BUDGET ACCOUNT.—The Di- (1) in subsection (b), by striking ‘‘to the rector of National Intelligence shall include National Intelligence by another element of Central Intelligence Agency or to the Intel- in the National Intelligence Program budget the intelligence community that is not ex- empt from search, review, publication, or ligence Community Staff’’ and inserting ‘‘to a separate line item for the National Space disclosure under subsection (a), and that is the Office of the Director of National Intel- Intelligence Center.’’. authorized to be disseminated outside the Of- ligence or to the Central Intelligence Agen- (2) CLERICAL AMENDMENT.—The table of fice, shall be subject to search and review cy’’; and contents for that Act is amended by insert- under section 552 of title 5, United States (2) in subsection (c), as redesignated by ing after the item relating to section 119B Code, but may remain exempt from publica- subsection (b)(2) of this section, by striking the following new item: tion and disclosure under such section by the ‘‘Director of Central Intelligence’’ and in- ‘‘Sec. 119C. National Space Intelligence Cen- element disseminating or providing such in- serting ‘‘Director of National Intelligence or ter.’’. formation to the Office to the extent author- Director of the Central Intelligence Agen- (b) REPORT ON ORGANIZATION OF CENTER.— ized by such section. cy’’. (1) REPORT REQUIRED.—Not later than 180 ‘‘(c) SEARCH AND REVIEW FOR CERTAIN PUR- (e) TECHNICAL AND STYLISTIC AMEND- days after the date of the enactment of this POSES.—Notwithstanding subsection (a), ex- MENTS.—That section is further amended— Act, the Director of the National Space In- empted operational files shall continue to be (1) in subsection (b)— telligence Center shall submit to the Select subject to search and review for information (A) by inserting ‘‘PERSONNEL ELIGIBLE FOR Committee on Intelligence of the Senate and concerning any of the following: AWARDS.—’’ after ‘‘(b)’’;

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2007 CONGRESSIONAL RECORD — SENATE S4517 (B) by striking ‘‘subsection (a) of this sec- (1) by redesignating subsections (b), (c), (A) take effect on the date of the enact- tion’’ and inserting ‘‘subsection (a)’’; and (d), (e), (f), and (g) as subsections (c), (d), (e), ment of this Act; and (C) by striking ‘‘a date five years before (f), (g), and (h), respectively; and (B) apply upon the occurrence of any act the date of enactment of this section’’ and (2) by inserting after subsection (a) the fol- creating a vacancy in the position of Direc- inserting ‘‘December 9, 1978’’; and lowing new subsection (b): tor of the Central Intelligence Agency after (2) in subsection (c), as so redesignated, by ‘‘(b) DEPUTY DIRECTOR OF CENTRAL INTEL- such date, except that if the vacancy occurs inserting ‘‘PAYMENT AND ACCEPTANCE OF LIGENCE AGENCY.—(1) There is a Deputy Di- by resignation from such position of the in- AWARDS.—’’ after ‘‘(c)’’. rector of the Central Intelligence Agency dividual serving in such position on such SEC. 413. REPEAL OF CERTAIN AUTHORITIES RE- who shall be appointed from civilian life by date, that individual may continue serving LATING TO THE OFFICE OF THE NA- the President, by and with the advice and in such position after such resignation until TIONAL COUNTERINTELLIGENCE EX- consent of the Senate. the individual appointed to succeed such re- ECUTIVE. ‘‘(2) The Deputy Director of the Central In- signing individual as Director of the Central (a) REPEAL OF CERTAIN AUTHORITIES.—Sec- telligence Agency shall assist the Director of Intelligence Agency, by and with the advice tion 904 of the Counterintelligence Enhance- the Central Intelligence Agency in carrying and consent of the Senate, assumes the du- ment Act of 2002 (title IX of Public Law 107– out the duties and responsibilities of the Di- ties of such position. 306; 50 U.S.C. 402c) is amended— rector. (2) DEPUTY DIRECTOR OF CENTRAL INTEL- (1) by striking subsections (d), (g), (h), (i), ‘‘(3) The Deputy Director of the Central In- LIGENCE AGENCY.—The amendments made by and (j); and telligence Agency shall act for, and exercise subsections (b) through (e) shall take effect (2) by redesignating subsections (e), (f), (k), the powers of, the Director of the Central In- on the date of the enactment of this Act and (l), and (m) as subsections (d), (e), (f), (g), and telligence Agency during the absence or dis- shall apply upon the earlier of— (h), respectively. ability of the Director of the Central Intel- (A) the date of the nomination by the (b) CONFORMING AMENDMENTS.—That sec- ligence Agency or during a vacancy in the President of an individual to serve as Deputy tion is further amended— position of Director of the Central Intel- Director of the Central Intelligence Agency, (1) in subsection (d), as redesignated by ligence Agency.’’. except that the individual administratively subsection (a)(2) of this section, by striking (c) CONFORMING AMENDMENT.—Paragraph performing the duties of the Deputy Director ‘‘subsection (f)’’ each place it appears in (2) of subsection (d) of such section, as redes- of the Central Intelligence Agency as of the paragraphs (1) and (2) and inserting ‘‘sub- ignated by subsection (b)(1) of this section, is date of the enactment of this Act may con- section (e)’’; and further amended by striking ‘‘subsection (d)’’ tinue to perform such duties after such date (2) in subsection (e), as so redesignated— and inserting ‘‘subsection (e)’’. of nomination and until the individual ap- (A) in paragraph (1), by striking ‘‘sub- (d) EXECUTIVE SCHEDULE LEVEL III.—Sec- pointed to the position of Deputy Director of section (e)(1)’’ and inserting ‘‘subsection tion 5314 of title 5, United States Code, is the Central Intelligence Agency, by and with (d)(1)’’; and amended by adding at the end the following the advice and consent of the Senate, as- (B) in paragraph (2), by striking ‘‘sub- new item: sumes the duties of such position; or section (e)(2)’’ and inserting ‘‘subsection ‘‘Deputy Director of the Central Intel- (B) the date of the cessation of the per- (d)(2)’’. ligence Agency.’’. formance of the duties of Deputy Director of SEC. 414. INAPPLICABILITY OF FEDERAL ADVI- (e) ROLE OF DNI IN APPOINTMENT.—Section the Central Intelligence Agency by the indi- SORY COMMITTEE ACT TO ADVISORY 106(a)(2) of the National Security Act of 1947 vidual administratively performing such du- COMMITTEES OF THE OFFICE OF (50 U.S.C. 403–6) is amended by adding at the ties as of the date of the enactment of this THE DIRECTOR OF NATIONAL INTEL- end the following new subparagraph: Act. LIGENCE. ‘‘(C) The Deputy Director of the Central SEC. 422. ENHANCED PROTECTION OF CENTRAL Section 4(b) of the Federal Advisory Com- Intelligence Agency.’’. INTELLIGENCE AGENCY INTEL- mittee Act (5 U.S.C. App.) is amended— (f) MILITARY STATUS OF INDIVIDUAL SERV- LIGENCE SOURCES AND METHODS (1) in paragraph (1), by striking ‘‘or’’; ING AS DIRECTOR OF CENTRAL INTELLIGENCE FROM UNAUTHORIZED DISCLOSURE. (2) in paragraph (2), by striking the period AGENCY OR ADMINISTRATIVELY PERFORMING (a) RESPONSIBILITY OF DIRECTOR OF CEN- and inserting ‘‘; or’’; and DUTIES OF DEPUTY DIRECTOR OF CENTRAL IN- TRAL INTELLIGENCE AGENCY UNDER NATIONAL (3) by adding at the end the following new TELLIGENCE AGENCY.—(1) A commissioned of- SECURITY ACT OF 1947.—Subsection (e) of sec- paragraph: ficer of the Armed Forces who is serving as tion 104A of the National Security Act of 1947 ‘‘(3) the Office of the Director of National the Director of the Central Intelligence (50 U.S.C. 403–4a), as redesignated by section Intelligence.’’. Agency or is engaged in administrative per- 421(b)(1) of this Act, is further amended— SEC. 415. MEMBERSHIP OF THE DIRECTOR OF NA- formance of the duties of Deputy Director of (1) in paragraph (3), by striking ‘‘and’’ at TIONAL INTELLIGENCE ON THE the Central Intelligence Agency as of the the end; TRANSPORTATION SECURITY OVER- (2) by redesignating paragraph (4) as para- SIGHT BOARD. date of the enactment of this Act shall not, while continuing in such service, or in the graph (5); and Subparagraph (F) of section 115(b)(1) of (3) by inserting after paragraph (3) the fol- title 49, United States Code, is amended to administrative performance of such duties, after that date— lowing new paragraph (4): read as follows: ‘‘(4) protect intelligence sources and meth- ‘‘(F) The Director of National Intelligence, (A) be subject to supervision or control by the Secretary of Defense or by any officer or ods of the Central Intelligence Agency from or the Director’s designee.’’. unauthorized disclosure, consistent with any SEC. 416. APPLICABILITY OF THE PRIVACY ACT employee of the Department of Defense; or (B) exercise, by reason of the officer’s sta- direction issued by the President or the Di- TO THE DIRECTOR OF NATIONAL IN- rector of National Intelligence; and’’. TELLIGENCE AND THE OFFICE OF tus as a commissioned officer, any super- (b) PROTECTION UNDER CENTRAL INTEL- THE DIRECTOR OF NATIONAL INTEL- vision or control with respect to any of the LIGENCE AGENCY ACT OF 1949.—Section 6 of LIGENCE. military or civilian personnel of the Depart- the Central Intelligence Agency Act of 1949 (a) AUTHORITY TO EXEMPT.—The Director ment of Defense except as otherwise author- of National Intelligence may prescribe regu- (50 U.S.C. 403g) is amended by striking ‘‘sec- ized by law. tion 102A(i)’’ and all that follows through lations to exempt any system of records (2) Except as provided in subparagraph (A) ‘‘unauthorized disclosure’’ and inserting within the Office of the Director of National or (B) of paragraph (1), the service, or the ad- ‘‘sections 102A(i) and 104A(e)(4) of the Na- Intelligence from the applicability of the ministrative performance of duties, de- tional Security Act of 1947 (50 U.S.C. 403–1(i), provisions of subsections (c)(3), (c)(4), and (d) scribed in that paragraph by an officer de- 403–4a(e)(4))’’. of section 552a of title 5, United States Code. scribed in that paragraph shall not affect the (c) CONSTRUCTION WITH EXEMPTION FROM (b) PROMULGATION REQUIREMENTS.—In pre- status, position, rank, or grade of such offi- REQUIREMENT FOR DISCLOSURE OF INFORMA- scribing any regulations under subsection cer in the Armed Forces, or any emolument, TION TO PUBLIC.—Section 104A(e)(4) of the (a), the Director shall comply with the re- perquisite, right, privilege, or benefit inci- National Security Act of 1947, as amended by quirements (including general notice re- dent to or arising out of such status, posi- subsection (a), and section 6 of the Central quirements) of subsections (b), (c), and (e) of tion, rank, or grade. Intelligence Agency Act of 1949, as amended section 553 of title 5, United States Code. (3) A commissioned officer described in by subsection (b), shall be treated as statutes Subtitle B—Central Intelligence Agency paragraph (1), while serving, or continuing in that specifically exempt from disclosure the SEC. 421. DIRECTOR AND DEPUTY DIRECTOR OF the administrative performance of duties, as matters specified in such sections for pur- THE CENTRAL INTELLIGENCE AGEN- described in that paragraph and while re- poses of section 552(b)(3) of title 5, United CY. maining on active duty, shall continue to re- States Code. (a) APPOINTMENT OF DIRECTOR OF CENTRAL ceive military pay and allowances. Funds (d) TECHNICAL AMENDMENTS TO CENTRAL IN- INTELLIGENCE AGENCY.—Subsection (a) of from which such pay and allowances are paid TELLIGENCE AGENCY RETIREMENT ACT.—Sec- section 104A of the National Security Act of shall be reimbursed from funds available to tion 201(c) of the Central Intelligence Agency 1947 (50 U.S.C. 403–4a) is amended by insert- the Director of the Central Intelligence Retirement Act (50 U.S.C. 2011(c)) is amend- ing ‘‘from civilian life’’ after ‘‘who shall be Agency. ed— appointed’’. (g) EFFECTIVE DATE AND APPLICABILITY.— (1) in the subsection caption, by striking (b) ESTABLISHMENT OF POSITION OF DEPUTY (1) DIRECTOR OF CENTRAL INTELLIGENCE ‘‘OF DCI’’; DIRECTOR OF CENTRAL INTELLIGENCE AGEN- AGENCY.—The amendment made by sub- (2) by striking ‘‘section 102A(i)’’ and insert- CY.—Such section is further amended— section (a) shall— ing ‘‘sections 102A(i) and 104A(e)(4)’’;

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4518 CONGRESSIONAL RECORD — SENATE April 16, 2007 (3) by striking ‘‘of National Intelligence’’; able grounds to believe that the person to be classified information, assist the Director in and arrested has committed or is committing the preparation of the report required by (4) by inserting ‘‘of the Central Intel- such felony, except that any authority pur- subsection (a). ligence Agency’’ after ‘‘methods’’. suant to this subparagraph may be exercised (d) FORM.—The report required by sub- SEC. 423. ADDITIONAL EXCEPTION TO FOREIGN only in accordance with guidelines approved section (a) shall be submitted in unclassified LANGUAGE PROFICIENCY REQUIRE- by the Director and the Attorney General form, but may include a classified annex. MENT FOR CERTAIN SENIOR LEVEL and such personnel may not exercise any au- (e) DEFINITIONS.—In this section: POSITIONS IN THE CENTRAL INTEL- thority for the service of civil process or for (1) The term ‘‘Air America’’ means Air LIGENCE AGENCY. the investigation of criminal offenses;’’. America, Incorporated. (a) ADDITIONAL EXCEPTION.—Subsection (h) SEC. 425. DIRECTOR OF NATIONAL INTEL- (2) The term ‘‘associated company’’ means of section 104A of the National Security Act LIGENCE REPORT ON RETIREMENT any company associated with or subsidiary of 1947 (50 U.S.C. 403–4a), as redesignated by BENEFITS FOR FORMER EMPLOYEES to Air America, including Air Asia Company section 421(b)(1) of this Act, is further OF AIR AMERICA. Limited and the Pacific Division of Southern amended— (a) IN GENERAL.—Not later than 120 days Air Transport, Incorporated. (1) in paragraph (1)— after the date of the enactment of this Act, Subtitle C—Defense Intelligence Components (A) by striking ‘‘paragraph (2)’’ and insert- the Director of National Intelligence shall SEC. 431. ENHANCEMENTS OF NATIONAL SECU- ing ‘‘paragraphs (2) and (3)’’; and submit to Congress a report on the advis- RITY AGENCY TRAINING PROGRAM. (B) by striking ‘‘Directorate of Oper- ability of providing Federal retirement bene- (a) TERMINATION OF EMPLOYEES.—Sub- ations’’ and inserting ‘‘National Clandestine fits to United States citizens for the service section (d)(1)(C) of section 16 of the National Service’’; of such individuals before 1977 as employees Security Agency Act of 1959 (50 U.S.C. 402 (2) in paragraph (2), by striking ‘‘position of Air America or an associated company note) is amended by striking ‘‘terminated ei- or category of positions’’ each place it ap- while such company was owned or controlled ther by’’ and all that follows and inserting pears and inserting ‘‘individual, individuals, by the United States Government and oper- ‘‘terminated— position, or category of positions’’; and ated or managed by the Central Intelligence ‘‘(i) by the Agency due to misconduct by (3) by adding at the end the following new Agency. the employee; paragraph: (b) REPORT ELEMENTS.—(1) The report re- ‘‘(ii) by the employee voluntarily; or ‘‘(3) Paragraph (1) shall not apply to any quired by subsection (a) shall include the fol- ‘‘(iii) by the Agency for the failure of the individual in the Directorate of Intelligence lowing: employee to maintain such level of academic or the National Clandestine Service of the (A) The history of Air America and associ- standing in the educational course of train- Central Intelligence Agency who is serving ated companies before 1977, including a de- ing as the Director of the National Security in a Senior Intelligence Service position as scription of— Agency shall have specified in the agreement of December 23, 2005, regardless of whether (i) the relationship between such compa- of the employee under this subsection; and’’. such individual is a member of the Senior In- nies and the Central Intelligence Agency and (b) AUTHORITY TO WITHHOLD DISCLOSURE OF telligence Service.’’. other elements of the United States Govern- AFFILIATION WITH NSA.—Subsection (e) of (b) REPORT ON WAIVERS.—Section 611(c) of ment; such section is amended by striking ‘‘(1) the Intelligence Authorization Act for Fiscal (ii) the workforce of such companies; When an employee’’ and all that follows Year 2005 (Public Law 108–487; 118 Stat. 3955) (iii) the missions performed by such com- through ‘‘(2) Agency efforts’’ and inserting is amended— panies and their employees for the United ‘‘Agency efforts’’. (1) by striking the first sentence and in- States; and SEC. 432. CODIFICATION OF AUTHORITIES OF NA- serting the following new sentence: ‘‘The Di- (iv) the casualties suffered by employees of TIONAL SECURITY AGENCY PROTEC- rector of the Central Intelligence Agency such companies in the course of their em- TIVE PERSONNEL. shall submit to Congress a report that iden- ployment with such companies. The National Security Agency Act of 1959 tifies individuals who, or positions within (B) A description of the retirement benefits (50 U.S.C. 402 note) is amended by adding at the Senior Intelligence Service in the Direc- contracted for or promised to the employees the end the following new section: torate of Intelligence or the National Clan- of such companies before 1977, the contribu- ‘‘SEC. 21. (a) The Director is authorized to destine Service of the Central Intelligence tions made by such employees for such bene- designate personnel of the Agency to per- Agency that, are determined by the Director fits, the retirement benefits actually paid form protective functions for the Director to require a waiver under subsection (h) of such employees, the entitlement of such em- and for any personnel of the Agency des- section 104A of the National Security Act of ployees to the payment of future retirement ignated by the Director. ‘‘(b)(1) In the performance of protective 1947, as added by subsection (a) and redesig- benefits, and the likelihood that former em- functions under this section, personnel of the nated by section 421(b)(1) of the Intelligence ployees of such companies will receive any Agency designated to perform protective future retirement benefits. Authorization Act for Fiscal Year 2007.’’; and functions pursuant to subsection (a) are au- (C) An assessment of the difference be- (2) in the second sentence— thorized, when engaged in the performance (A) by striking ‘‘section 104A(g)(2), as so tween— of such functions, to make arrests without a added’’ and inserting ‘‘subsection (h)(2) of (i) the retirement benefits that former em- warrant for— section 104A, as so added and redesignated’’; ployees of such companies have received or ‘‘(A) any offense against the United States and will receive by virtue of their employment committed in the presence of such personnel; (B) by striking ‘‘position or category of po- with such companies; and or sitions’’ and inserting ‘‘individual, individ- (ii) the retirement benefits that such em- ‘‘(B) any felony cognizable under the laws uals, position, or category of positions’’. ployees would have received and in the fu- of the United States if such personnel have SEC. 424. ADDITIONAL FUNCTIONS AND AU- ture receive if such employees had been, or reasonable grounds to believe that the per- THORITIES FOR PROTECTIVE PER- would now be, treated as employees of the son to be arrested has committed or is com- SONNEL OF THE CENTRAL INTEL- United States whose services while in the LIGENCE AGENCY. mitting such felony. employ of such companies had been or would ‘‘(2) The authority in paragraph (1) may be Section 5(a)(4) of the Central Intelligence now be credited as Federal service for the exercised only in accordance with guidelines Agency Act of 1949 (50 U.S.C. 403f(a)(4)) is purpose of Federal retirement benefits. approved by the Director and the Attorney amended— (D) The recommendations of the Director General. (1) by inserting ‘‘(A)’’ after ‘‘(4)’’; regarding the advisability of legislative ac- ‘‘(3) Personnel of the Agency designated to (2) in subparagraph (A), as so designated— tion to treat employment at such companies perform protective functions pursuant to (A) by striking ‘‘and the protection’’ and as Federal service for the purpose of Federal subsection (a) shall not exercise any author- inserting ‘‘the protection’’; and retirement benefits in light of the relation- ity for the service of civil process or the in- (B) by striking the semicolon and inserting ship between such companies and the United vestigation of criminal offenses. ‘‘, and the protection of the Director of Na- States Government and the services and sac- ‘‘(c) Nothing in this section shall be con- tional Intelligence and such personnel of the rifices of such employees to and for the strued to impair or otherwise affect any au- Office of the Director of National Intel- United States, and if legislative action is thority under any other provision of law re- ligence as the Director of National Intel- considered advisable, a proposal for such ac- lating to the performance of protective func- ligence may designate; and’’; and tion and an assessment of its costs. tions.’’. (3) by adding at the end the following new (2) The Director of National Intelligence SEC. 433. INSPECTOR GENERAL MATTERS. subparagraph: shall include in the report any views of the (a) COVERAGE UNDER INSPECTOR GENERAL ‘‘(B) Authorize personnel engaged in the Director of the Central Intelligence Agency ACT OF 1978.—Subsection (a)(2) of section 8G performance of protective functions author- on the matters covered by the report that of the Inspector General Act of 1978 (5 U.S.C. ized pursuant to subparagraph (A), when en- the Director of the Central Intelligence App. 8G) is amended— gaged in the performance of such functions, Agency considers appropriate. (1) by inserting ‘‘the Defense Intelligence to make arrests without warrant for any of- (c) ASSISTANCE OF COMPTROLLER GEN- Agency,’’ after ‘‘the Corporation for Public fense against the United States committed ERAL.—The Comptroller General of the Broadcasting,’’; in the presence of such personnel, or for any United States shall, upon the request of the (2) by inserting ‘‘the National Geospatial- felony cognizable under the laws of the Director of National Intelligence and in a Intelligence Agency,’’ after ‘‘the National United States, if such personnel have reason- manner consistent with the protection of Endowment for the Arts,’’; and

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2007 CONGRESSIONAL RECORD — SENATE S4519 (3) by inserting ‘‘the National Reconnais- ‘‘(b) The Director of the National Security quirements related to, or modify any classi- sance Office, the National Security Agency,’’ Agency shall be appointed by the President, fication or dissemination limitations related after ‘‘the National Labor Relations Board,’’. by and with the advice and consent of the to the collection of, handheld or clandestine (b) CERTAIN DESIGNATIONS UNDER INSPEC- Senate. photography taken by or on behalf of human TOR GENERAL ACT OF 1978.—Subsection (a) of ‘‘(c) The Director of the National Security intelligence collection organizations.’’; and section 8H of the Inspector General Act of Agency shall be the head of the National Se- (3) in paragraph (3), as so redesignated, by 1978 (5 U.S.C. App. 8H) is amended by adding curity Agency and shall discharge such func- striking ‘‘paragraph (1)’’ and inserting at the end the following new paragraph: tions and duties as are provided by this Act ‘‘paragraphs (1) and (2)’’. ‘‘(3) The Inspectors General of the Defense or otherwise by law.’’. SEC. 436. SECURITY CLEARANCES IN THE NA- Intelligence Agency, the National (b) DIRECTOR OF NATIONAL GEOSPATIAL-IN- TIONAL GEOSPATIAL-INTELLIGENCE Geospatial-Intelligence Agency, the National TELLIGENCE AGENCY.—Section 441(b) of title AGENCY. Reconnaissance Office, and the National Se- 10, United States Code, is amended— The Secretary of Defense shall, during the curity Agency shall be designees of the In- (1) by redesignating paragraphs (2) and (3) period beginning on the date of the enact- spector General of the Department of De- as paragraphs (3) and (4), respectively; and ment of this Act and ending on December 31, fense for purposes of this section.’’. (2) by inserting after paragraph (1) the fol- 2007, delegate to the Director of the National (c) POWER OF HEADS OF ELEMENTS OVER IN- lowing new paragraph (2): Geospatial-Intelligence Agency personnel se- VESTIGATIONS.—Subsection (d) of section 8G ‘‘(2) The Director of the National curity authority with respect to the Na- of that Act— Geospatial Intelligence Agency shall be ap- tional Geospatial-Intelligence Agency (in- (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; pointed by the President, by and with the ad- cluding authority relating to the use of con- (2) in the second sentence of paragraph (1), vice and consent of the Senate.’’. tractor personnel in investigations and adju- as designated by paragraph (1) of this sub- (c) DIRECTOR OF NATIONAL RECONNAISSANCE dications for security clearances) that is section, by striking ‘‘The head’’ and insert- OFFICE.—The Director of the National Re- identical to the personnel security authority ing ‘‘Except as provided in paragraph (2), the connaissance Office shall be appointed by the of the Director of the National Security head’’; and President, by and with the advice and con- Agency with respect to the National Secu- (3) by adding at the end the following new sent of the Senate. rity Agency. paragraph: (d) POSITIONS OF IMPORTANCE AND RESPON- ‘‘(2)(A) The Director of National Intel- SIBILITY.— Subtitle D—Other Elements ligence or the Secretary of Defense may pro- (1) DESIGNATION OF POSITIONS.—The Presi- SEC. 441. FOREIGN LANGUAGE INCENTIVE FOR hibit the Inspector General of an element of dent may designate any of the positions re- CERTAIN NON-SPECIAL AGENT EM- the intelligence community specified in sub- ferred to in paragraph (2) as positions of im- PLOYEES OF THE FEDERAL BUREAU paragraph (D) from initiating, carrying out, portance and responsibility under section 601 OF INVESTIGATION. or completing any audit or investigation if of title 10, United States Code. (a) AUTHORITY TO PAY INCENTIVE.—The Di- the Director or the Secretary, as the case (2) COVERED POSITIONS.—The positions re- rector of the Federal Bureau of Investigation may be, determines that the prohibition is ferred to in this paragraph are as follows: may pay a cash award authorized by section necessary to protect vital national security (A) The Director of the National Security 4523 of title 5, United States Code, in accord- interests of the United States. Agency. ance with the provisions of such section, to ‘‘(B) If the Director or the Secretary exer- (B) The Director of the National any employee of the Federal Bureau of Inves- cises the authority under subparagraph (A), Geospatial-Intelligence Agency. tigation described in subsection (b) as if such the Director or the Secretary, as the case (C) The Director of the National Recon- employee were a law enforcement officer as may be, shall submit to the committees of naissance Office. specified in such section. Congress specified in subparagraph (E) an ap- (e) EFFECTIVE DATE AND APPLICABILITY.— (b) COVERED EMPLOYEES.—An employee of propriately classified statement of the rea- (1) The amendments made by subsections (a) the Federal Bureau of Investigation de- sons for the exercise of the authority not and (b), and subsection (c), shall take effect scribed in this subsection is any employee of later than seven days after the exercise of on the date of the enactment of this Act and the Federal Bureau of Investigation— the authority. shall apply upon the earlier of— (1) who uses foreign language skills in sup- ‘‘(C) At the same time the Director or the (A) the date of the nomination by the port of the analyses, investigations, or oper- Secretary submits under subparagraph (B) a President of an individual to serve in the po- ations of the Bureau to protect against statement on the exercise of the authority in sition concerned, except that the individual international terrorism or clandestine intel- subparagraph (A) to the committees of Con- serving in such position as of the date of the ligence activities (or maintains foreign lan- gress specified in subparagraph (E), the Di- enactment of this Act may continue to per- guage skills for purposes of such support); rector or the Secretary, as the case may be, form such duties after such date of nomina- and shall notify the Inspector General of such tion and until the individual appointed to (2) whom the Director of the Federal Bu- element of the submittal of such statement such position, by and with the advice and reau of Investigation, subject to the joint and, to the extent consistent with the pro- consent of the Senate, assumes the duties of guidance of the Attorney General and the Di- tection of intelligence sources and methods, such position; or rector of National Intelligence, may des- provide the Inspector General with a copy of (B) the date of the cessation of the per- ignate for purposes of this section. such statement. The Inspector General may formance of the duties of such position by SEC. 442. AUTHORITY TO SECURE SERVICES BY submit to such committees of Congress any the individual performing such duties as of CONTRACT FOR THE BUREAU OF IN- comments on a notice or statement received the date of the enactment of this Act. TELLIGENCE AND RESEARCH OF by the Inspector General under this subpara- (2) Subsection (d) shall take effect on the THE DEPARTMENT OF STATE. graph that the Inspector General considers date of the enactment of this Act. Title I of the State Department Basic Au- appropriate. SEC. 435. CLARIFICATION OF NATIONAL SECU- thorities Act of 1956 (22 U.S.C. 2651a et seq.) ‘‘(D) The elements of the intelligence com- RITY MISSIONS OF NATIONAL is amended by inserting after section 23 the munity specified in this subparagraph are as GEOSPATIAL-INTELLIGENCE AGEN- following new section: follows: CY FOR ANALYSIS AND DISSEMINA- ‘‘SERVICES BY CONTRACT FOR BUREAU OF ‘‘(i) The Defense Intelligence Agency. TION OF CERTAIN INTELLIGENCE INTELLIGENCE AND RESEARCH ‘‘(ii) The National Geospatial-Intelligence INFORMATION. Agency. Section 442(a) of title 10, United States ‘‘SEC. 23A. (a) AUTHORITY TO ENTER INTO ‘‘(iii) The National Reconnaissance Office. Code, is amended— CONTRACTS.—The Secretary may enter into ‘‘(iv) The National Security Agency. (1) by redesignating paragraph (2) as para- contracts with individuals or organizations ‘‘(E) The committees of Congress specified graph (3); for the provision of services in support of the in this subparagraph are— (2) by inserting after paragraph (1) the fol- mission of the Bureau of Intelligence and Re- ‘‘(i) the Committee on Armed Services and lowing new paragraph (2): search of the Department of State if the Sec- the Select Committee on Intelligence of the ‘‘(2)(A) As directed by the Director of Na- retary determines that— Senate; and tional Intelligence, the National Geospatial- ‘‘(1) the services to be procured are urgent ‘‘(ii) the Committee on Armed Services and Intelligence Agency shall also analyze, dis- or unique; and the Permanent Select Committee on Intel- seminate, and incorporate into the National ‘‘(2) it would not be practicable for the De- ligence of the House of Representatives.’’. System for Geospatial-Intelligence, partment to obtain such services by other SEC. 434. CONFIRMATION OF APPOINTMENT OF likenesses, videos, or presentations produced means. HEADS OF CERTAIN COMPONENTS by ground-based platforms, including ‘‘(b) TREATMENT AS EMPLOYEES OF THE OF THE INTELLIGENCE COMMUNITY. handheld or clandestine photography taken UNITED STATES GOVERNMENT.—(1) Individuals (a) DIRECTOR OF NATIONAL SECURITY AGEN- by or on behalf of human intelligence collec- employed under a contract pursuant to the CY.—The National Security Agency Act of tion organizations or available as open- authority in subsection (a) shall not, by vir- 1959 (50 U.S.C. 402 note) is amended by insert- source information. tue of the performance of services under such ing after the first section the following new ‘‘(B) The authority provided by this para- contract, be considered employees of the section: graph does not include the authority to man- United States Government for purposes of ‘‘SEC. 2. (a) There is a Director of the Na- age or direct the tasking of, set require- any law administered by the Office of Per- tional Security Agency. ments and priorities for, set technical re- sonnel Management.

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4520 CONGRESSIONAL RECORD — SENATE April 16, 2007 ‘‘(2) The Secretary may provide for the ap- SEC. 503. TECHNICAL AMENDMENTS TO THE IN- 303 of the National Security Act of 1947 (50 plicability to individuals described in para- TELLIGENCE REFORM AND TER- U.S.C. 403(a)(2), (3), 403–3(c)(7), (d), 403–4(a), graph (1) of any law administered by the Sec- RORISM PREVENTION ACT OF 2004. (g), and 405)’’ and inserting ‘‘authorized retary concerning the employment of such (a) AMENDMENTS TO NATIONAL SECURITY IN- under subsections (d), (e), (f), and (g) of sec- individuals. TELLIGENCE REFORM ACT OF 2004.—The Na- tion 104A of the National Security Act of 1947 ‘‘(c) CONTRACT TO BE APPROPRIATE MEANS tional Security Intelligence Reform Act of (50 U.S.C. 403–4a).’’. OF SECURING SERVICES.—The chief con- 2004 (title I of Public Law 108–458) is further tracting officer of the Department of State amended as follows: SEC. 506. TECHNICAL AMENDMENTS RELATING (1) In section 1016(e)(10)(B) (6 U.S.C. TO THE MULTIYEAR NATIONAL IN- shall ensure that each contract entered into TELLIGENCE PROGRAM. by the Secretary under this section is the ap- 458(e)(10)(B)), by striking ‘‘Attorney Gen- propriate means of securing the services to eral’’ the second place it appears and insert- (a) IN GENERAL.—Subsection (a) of section be provided under such contract.’’. ing ‘‘Department of Justice’’. 1403 of the National Defense Authorization SEC. 443. CLARIFICATION OF INCLUSION OF (2) In section 1061 (5 U.S.C. 601 note)— Act for Fiscal Year 1991 (50 U.S.C. 404b) is COAST GUARD AND DRUG ENFORCE- (A) in subsection (d)(4)(A), by striking ‘‘Na- amended— MENT ADMINISTRATION AS ELE- tional Intelligence Director’’ and inserting (1) in the subsection caption, by striking MENTS OF THE INTELLIGENCE COM- ‘‘Director of National Intelligence’’; and ‘‘FOREIGN’’; and MUNITY. (B) in subsection (h), by striking ‘‘National (2) by striking ‘‘foreign’’ each place it ap- Section 3(4) of the National Security Act of pears. 1947 (50 U.S.C. 401a(4)) is amended— Intelligence Director’’ and inserting ‘‘Direc- (b) RESPONSIBILITY OF DNI.—That section (1) in subparagraph (H)— tor of National Intelligence’’. is further amended— (A) by inserting ‘‘the Coast Guard,’’ after (3) In section 1071(e), by striking ‘‘(1)’’. (1) in subsections (a) and (c), by striking ‘‘the Marine Corps,’’; and (4) In section 1072(b), by inserting ‘‘AGEN- ‘‘Director of Central Intelligence’’ and in- (B) by inserting ‘‘the Drug Enforcement CY’’ after ‘‘INTELLIGENCE’’. serting ‘‘Director of National Intelligence’’; Administration,’’ after ‘‘the Federal Bureau (b) OTHER AMENDMENTS TO INTELLIGENCE and of Investigation,’’; and REFORM AND TERRORISM PREVENTION ACT OF (2) in subsection (b), by inserting ‘‘of Na- (2) in subparagraph (K), by striking ‘‘, in- 2004.—The Intelligence Reform and Ter- cluding the Office of Intelligence of the rorism Prevention Act of 2004 (Public Law tional Intelligence’’ after ‘‘Director’’. Coast Guard’’. 108–458) is amended as follows: (c) CONFORMING AMENDMENT.—The heading (1) In section 2001 (28 U.S.C. 532 note)— SEC. 444. CLARIFYING AMENDMENTS RELATING of that section is amended to read as follows: (A) in subsection (c)(1), by inserting ‘‘of’’ TO SECTION 105 OF THE INTEL- ‘‘SEC. 1403. MULTIYEAR NATIONAL INTEL- LIGENCE AUTHORIZATION ACT FOR before ‘‘an institutional culture’’; LIGENCE PROGRAM.’’. FISCAL YEAR 2004. (B) in subsection (e)(2), by striking ‘‘the SEC. 507. TECHNICAL AMENDMENTS TO THE EX- Section 105(b) of the Intelligence Author- National Intelligence Director in a manner ECUTIVE SCHEDULE. ization Act for Fiscal Year 2004 (Public Law consistent with section 112(e)’’ and inserting 108–177; 117 Stat. 2603; 31 U.S.C. 311 note) is ‘‘the Director of National Intelligence in a (a) EXECUTIVE SCHEDULE LEVEL II.—Sec- amended— manner consistent with applicable law’’; and tion 5313 of title 5, United States Code, is (1) by striking ‘‘Director of Central Intel- (C) in subsection (f), by striking ‘‘shall,’’ in amended by striking the item relating to the ligence’’ and inserting ‘‘Director of National the matter preceding paragraph (1) and in- Director of Central Intelligence and insert- Intelligence’’; and serting ‘‘shall’’. ing the following new item: (2) by inserting ‘‘or in section 313 of such (2) In section 2006 (28 U.S.C. 509 note)— ‘‘Director of the Central Intelligence Agen- title,’’ after ‘‘subsection (a)),’’. (A) in paragraph (2), by striking ‘‘the Fed- cy.’’. TITLE V—OTHER MATTERS eral’’ and inserting ‘‘Federal’’; and (b) EXECUTIVE SCHEDULE LEVEL III.—Sec- tion 5314 of title 5, United States Code, is SEC. 501. TECHNICAL AMENDMENTS TO THE NA- (B) in paragraph (3), by striking ‘‘the spe- TIONAL SECURITY ACT OF 1947. cific’’ and inserting ‘‘specific’’. amended by striking the item relating to the The National Security Act of 1947 (50 SEC. 504. TECHNICAL AMENDMENTS TO TITLE 10, Deputy Directors of Central Intelligence. U.S.C. 401 et seq.) is amended as follows: UNITED STATES CODE, ARISING (c) EXECUTIVE SCHEDULE LEVEL IV.—Sec- (1) In section 102A (50 U.S.C. 403–1)— FROM ENACTMENT OF THE INTEL- tion 5315 of title 5, United States Code, is (A) in subsection (c)(7)(A), by striking LIGENCE REFORM AND TERRORISM amended by striking the item relating to the ‘‘section’’ and inserting ‘‘subsection’’; PREVENTION ACT OF 2004. General Counsel of the Office of the National (B) in subsection (d)— (a) REFERENCES TO HEAD OF INTELLIGENCE Intelligence Director and inserting the fol- (i) in paragraph (3), by striking ‘‘subpara- COMMUNITY.—Title 10, United States Code, is lowing new item: graph (A)’’ in the matter preceding subpara- amended by striking ‘‘Director of Central In- ‘‘General Counsel of the Office of the Di- graph (A) and inserting ‘‘paragraph (1)(A)’’; telligence’’ each place it appears in a provi- rector of National Intelligence.’’. sion as follows and inserting ‘‘Director of (ii) in paragraph (5)(A), by striking ‘‘or per- SEC. 508. TECHNICAL AMENDMENTS RELATING sonnel’’ in the matter preceding clause (i); National Intelligence’’: (1) Section 193(d)(2). TO REDESIGNATION OF THE NA- and TIONAL IMAGERY AND MAPPING (iii) in paragraph (5)(B), by striking ‘‘or (2) Section 193(e). AGENCY AS THE NATIONAL agency involved’’ in the second sentence and (3) Section 201(a). GEOSPATIAL-INTELLIGENCE AGEN- inserting ‘‘involved or the Director of the (4) Section 201(b)(1). CY. Central Intelligence Agency (in the case of (5) Section 201(c)(1). (a) TITLE 5, UNITED STATES CODE.—(1) Title the Central Intelligence Agency)’’; (6) Section 425(a). 5, United States Code, is amended by strik- (C) in subsection (l)(2)(B), by striking ‘‘sec- (7) Section 431(b)(1). ing ‘‘National Imagery and Mapping Agen- tion’’ and inserting ‘‘paragraph’’; and (8) Section 441(c). cy’’ each place it appears in a provision as (9) Section 441(d). (D) in subsection (n), by inserting ‘‘AND follows and inserting ‘‘National Geospatial- (10) Section 443(d). OTHER’’ after ‘‘ACQUISITION’’. Intelligence Agency’’: (2) In section 119(c)(2)(B) (50 U.S.C. (11) Section 2273(b)(1). (A) Section 2302(a)(2)(C)(ii). 404o(c)(2)(B)), by striking ‘‘subsection (h)’’ (12) Section 2723(a). (B) Section 3132(a)(1)(B). and inserting ‘‘subsection (i)’’. (b) CLERICAL AMENDMENTS.—Such title is (C) Section 4301(1) (in clause (ii)). (3) In section 705(e)(2)(D)(i) (50 U.S.C. further amended by striking ‘‘DIRECTOR OF (D) Section 4701(a)(1)(B). 432c(e)(2)(D)(i)), by striking ‘‘responsible’’ CENTRAL INTELLIGENCE’’ each place it ap- (E) Section 5102(a)(1) (in clause (x)). and inserting ‘‘responsive’’. pears in a provision as follows and inserting (F) Section 5342(a)(1) (in clause (K)). ‘‘DIRECTOR OF NATIONAL INTELLIGENCE’’: SEC. 502. TECHNICAL CLARIFICATION OF CER- (G) Section 6339(a)(1)(E). TAIN REFERENCES TO JOINT MILI- (1) Section 441(c). (H) Section 7323(b)(2)(B)(i)((XIII). (2) Section 443(d). TARY INTELLIGENCE PROGRAM AND (2) Section 6339(a)(2)(E) of such title is (c) REFERENCE TO HEAD OF CENTRAL INTEL- TACTICAL INTELLIGENCE AND RE- amended by striking ‘‘National Imagery and LATED ACTIVITIES. LIGENCE AGENCY.—Section 444 of such title is Section 102A of the National Security Act amended by striking ‘‘Director of Central In- Mapping Agency, the Director of the Na- of 1947 (50 U.S.C. 403–1) is amended— telligence’’ each place it appears and insert- tional Imagery and Mapping Agency’’ and in- (1) in subsection (c)(3)(A), by striking ‘‘an- ing ‘‘Director of the Central Intelligence serting ‘‘National Geospatial-Intelligence nual budgets for the Joint Military Intel- Agency’’. Agency, the Director of the National Geospatial-Intelligence Agency’’. ligence Program and for Tactical Intel- SEC. 505. TECHNICAL AMENDMENT TO THE CEN- ligence and Related Activities’’ and insert- TRAL INTELLIGENCE AGENCY ACT (b) TITLE 44, UNITED STATES CODE.—(1)(A) ing ‘‘annual budget for the Military Intel- OF 1949. Section 1336 of title 44, United States Code, ligence Program or any successor program or Section 5(a)(1) of the Central Intelligence is amended by striking ‘‘National Imagery programs’’; and Agency Act of 1949 (50 U.S.C. 403f(a)(1)) is and Mapping Agency’’ both places it appears (2) in subsection (d)(1)(B), by striking amended by striking ‘‘authorized under para- and inserting ‘‘National Geospatial-Intel- ‘‘Joint Military Intelligence Program’’ and graphs (2) and (3) of section 102(a), sub- ligence Agency’’. inserting ‘‘Military Intelligence Program or sections (c)(7) and (d) of section 103, sub- (B) The heading of such section is amended any successor program or programs’’. sections (a) and (g) of section 104, and section to read as follows:

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2007 CONGRESSIONAL RECORD — SENATE S4521 ‘‘§ 1336. National Geospatial-Intelligence propriations for fiscal year 2007 for the ‘‘(7) develop 15-year projections and assess- Agency: special publications’’. intelligence and intelligence-related ments of the needs of the intelligence com- (2) The table of sections at the beginning of activities of the United States Govern- munity to ensure a robust federal scientific chapter 13 of such title is amended by strik- ment, the Intelligence Community and engineering workforce and the means to ing the item relating to section 1336 and in- Management Account, and the Central recruit such a workforce through integrated scholarships across the intelligence commu- serting the following new item: Intelligence Agency Retirement and ‘‘1336. National Geospatial-Intelligence nity, including research grants and coopera- Disability System, and for other pur- tive work-study programs; Agency: special publications.’’. poses; which was ordered to lie on the (c) HOMELAND SECURITY ACT OF 2002.—Sec- table; as follows: SA 847. Ms. COLLINS (for herself, Mr. tion 201(f)(2)(E) of the Homeland Security At the end of title V, add the following: LIEBERMAN, Mr. CARPER, Mr. COLEMAN, Act of 2002 (6 U.S.C. 121(f)(2)(E)) is amended SEC. 509. PROCUREMENT OF PREDATOR AND by striking ‘‘National Imagery and Mapping and Mr. AKAKA) submitted an amend- GLOBAL HAWK UNMANNED AERIAL ment intended to be proposed to Agency’’ and inserting ‘‘National Geospatial- VEHICLES AND RELATED SYSTEMS. Intelligence Agency’’. (a) REPORT REQUIRED.—Not later than 90 amendment SA 843 proposed by Mr. (d) INSPECTOR GENERAL ACT OF 1978.—Sec- days after the date of the enactment of this ROCKEFELLER (for himself and Mr. tion 8H of the Inspector General Act of 1978 Act, the Secretary of Defense shall submit to BOND) to the bill S. 372, to authorize (5 U.S.C. App.) is amended by striking ‘‘Na- Congress a report on the actions being taken appropriations for fiscal year 2007 for tional Imagery and Mapping Agency’’ each by the Department of Defense to address the intelligence and intelligence-re- place it appears and inserting ‘‘National shortfalls in the procurement of Predator lated activities of the United States Geospatial-Intelligence Agency’’. Unmanned Aerial Vehicles and Global Hawk (e) ETHICS IN GOVERNMENT ACT OF 1978.— Unmanned Aerial Vehicles and associated or- Government, the Intelligence Commu- Section 105(a)(1) of the Ethics in Government bits for military and intelligence mission re- nity Management Account, and the Act of 1978 (5 U.S.C. App.) is amended by quirements. Central Intelligence Agency Retire- striking ‘‘National Imagery and Mapping (b) ELEMENTS.—The report required by sub- ment and Disability System, and for Agency’’ and inserting ‘‘National Geospatial- section (a) shall include the following: other purposes; as follows: Intelligence Agency’’. (1) A description of any shortages in avail- At the appropriate place, insert the fol- (f) OTHER ACTS.—(1) Section 7(b)(2)(A)(i) of able Predator Unmanned Aerial Vehicles, lowing: the Employee Polygraph Protection Act of Global Hawk Unmanned Aerial Vehicles, and 1988 (29 U.S.C. 2006(b)(2)(A)(i)) is amended by associated orbits to meet requirements of SEC. lll. SENSE OF CONGRESS RELATING TO United States military and intelligence CONSTITUTIONAL AND STATUTORY striking ‘‘National Imagery and Mapping PROTECTIONS ACCORDED SEALED Agency’’ and inserting ‘‘National Geospatial- forces in the field, including for activities in DOMESTIC MAIL. Iraq, Afghanistan, Colombia, East, South Intelligence Agency’’. (a) FINDINGS.—Congress finds that— and Southeast Asia. (2) Section 207(a)(2)(B) of the Legislative (1) all Americans depend on the United (2) A description of progress in developing Branch Appropriations Act, 1993 (44 U.S.C. States Postal Service to transact business next-generation stealth, medium-altitude 501 note) is amended by striking ‘‘National and communicate with friends and family; unmanned aerial vehicles. Imagery and Mapping Agency’’ and inserting (2) postal customers have a constitutional (3) A schedule for addressing such short- ‘‘National Geospatial-Intelligence Agency’’. right to expect that their sealed domestic ages. mail will be protected against unreasonable (4) An assessment of whether or not the SA 844. Ms. LANDRIEU submitted an searches; Department of Defense has requested all amendment intended to be proposed by (3) the circumstances and procedures under funds required to keep production lines for her to the bill S. 372, to authorize ap- which the Government may search sealed such unmanned aerial vehicles running at propriations for fiscal year 2007 for the mail are well defined, including provisions maximum capacity until such shortages are under the Foreign Intelligence Surveillance intelligence and intelligence-related fully addressed, and, if not, a statement of Act of 1978 (50 U.S.C. 1801 et seq.), and gen- activities of the United States Govern- the reasons why. erally require prior judicial approval; ment, the Intelligence Community (5) A description of the actions required to (4) the United States Postal Inspection Management Account, and the Central fully address such shortages. Service has the authority to open and search (6) An assessment of whether or not reli- Intelligence Agency Retirement and a sealed envelope or package when there is ance on a sole-source producer for produc- Disability System, and for other pur- immediate threat to life or limb or an imme- tion of the Predator Unmanned Aerial Vehi- poses; which was ordered to lie on the diate and substantial danger to property; cle delays the achievement of production and table; as follows: (5) the United States Postal Service af- procurement schedules for such vehicle, and firmed January 4, 2007, that the enactment At the end of title III, add the following: if so, recommendations securing one or more of the Postal Accountability and Enhance- SEC. ll. REPORT ON INTELLIGENCE RELATED additional producers of the vehicle ment Act (Public Law 109–435) does not grant TO INSURGENT FORCES IN IRAQ. (7) A statement of the anticipated overseas Federal law enforcement officials any new (a) REQUIREMENT FOR REPORT.—Not later requirements for such unmanned aerial vehi- authority to open domestic mail; than 90 days after the date of enactment of cles during the five-year period beginning on (6) questions have been raised about these this Act, and every 90 days thereafter, the the date of the report, including an assess- basic privacy protections following issuance Director of National Intelligence shall sub- ment of the extent to which long-endurance of the President’s signing statement on the mit to Congress a report on intelligence re- unmanned aerial vehicles, whether armed or Postal Accountability and Enhancement Act lating to the insurgent forces in Iraq that for intelligence, surveillance, and reconnais- (Public Law 109–435); and are fighting against coalition forces in Iraq sance purposes, are long-term and growing (7) the Senate rejects any interpretation of or forces of the Government of Iraq. requirement for the Armed Forces. the President’s signing statement on the (b) CONTENT OF REPORT.—Each report re- (8) A statement as to whether domestic re- Postal Accountability and Enhancement Act quired by subsection (a) shall include the fol- quirements for medium-altitude unmanned (Public Law 109–435) that in any way dimin- lowing: aerial vehicles will further delay meeting all ishes the privacy protections accorded sealed (1) An estimate of the number of insurgent overseas military and intelligence require- domestic mail under the Constitution and forces in Iraq that are fighting against coali- ments. tion forces in Iraq or forces of the Govern- (c) FORM.—The report required by sub- Federal laws and regulations. ment of Iraq. section (a) shall be submitted in unclassified (b) SENSE OF CONGRESS.—It is the sense of (2) A description of the locations in Iraq form, but may include a classified annex. Congress that Congress reaffirms the con- where such insurgent forces are located. stitutional and statutory protections ac- (3) A description of the capability of such SA 846. Mr. BINGAMAN submitted an corded sealed domestic mail. insurgent forces and of the manner in which amendment intended to be proposed by such insurgent forces are funded. him to the bill S. 372, to authorize ap- SA 848. Mr. CORNYN submitted an (4) An estimate of the number of members propriations for fiscal year 2007 for the amendment intended to be proposed by of such insurgent forces in Iraq who are— intelligence and intelligence-related him to the bill S. 372, to authorize ap- (A) members of al Qaeda or any other ter- activities of the United States Govern- propriations for fiscal year 2007 for the rorist organization; or ment, the Intelligence Community intelligence and intelligence-related (B) former members of the Ba’ath Party. activities of the United States Govern- (c) FORM OF REPORT.—The report required Management Account, and the Central by subsection (a) shall be submitted in a Intelligence Agency Retirement and ment, the Intelligence Community classified form. Disability System, and for other pur- Management Account, and the Central poses; which was ordered to lie on the Intelligence Agency Retirement and SA 845. Mr. BAYH submitted an table; as follows: Disability System, and for other pur- amendment intended to be proposed by At the appropriate place, insert the fol- poses; which was ordered to lie on the him to the bill S. 372, to authorize ap- lowing: table; as follows:

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4522 CONGRESSIONAL RECORD — SENATE April 16, 2007 At the end, add the following: ‘‘§ 2332c. Recruitment of persons to partici- security, border security, ability to admin- SEC. ll. RECRUITMENT OF PERSONS TO PAR- pate in terrorism. ister and enforce the immigration laws, and TICIPATE IN TERRORISM. ‘‘(a) OFFENSES.— public safety of the United States; and (a) IN GENERAL.—Chapter 113B of title 18, ‘‘(1) IN GENERAL.—It shall be unlawful to (D) provide for the expiration of the relief United States Code, is amended by inserting employ, solicit, induce, command, or cause on a specific date, which may not be later after section 2332b the following: another person to commit an act of domestic than the earliest date practicable for the ‘‘§ 2332c. Recruitment of persons to partici- terrorism or international terrorism or a Government to remedy the violation. pate in terrorism. Federal crime of terrorism, with the intent (2) WRITTEN EXPLANATION.—A court grant- ing prospective relief for a violation de- ‘‘(a) OFFENSES.— that the person commit such act or crime of scribed in paragraph (1) shall issue a written ‘‘(1) IN GENERAL.—It shall be unlawful to terrorism order granting the relief and include in the employ, solicit, induce, command, or cause ‘‘(2) ATTEMPT AND CONSPIRACY.—It shall be order a discussion of the manner in which another person to commit an act of domestic unlawful to attempt or conspire to commit the relief is designed to meet the require- terrorism or international terrorism or a an offense under paragraph (1). ments of subparagraphs (A) through (D) of Federal crime of terrorism, with the intent ‘‘(b) PENALTIES.—Any person who violates paragraph (1) and shall be sufficiently de- that the person commit such act or crime of subsection (a)— tailed to allow review by another court. terrorism ‘‘(1) in the case of an attempt or con- (3) EXPIRATION OF PRELIMINARY INJUNCTIVE ‘‘(2) ATTEMPT AND CONSPIRACY.—It shall be spiracy, shall be fined under this title, im- RELIEF.—Preliminary injunctive relief or- unlawful to attempt or conspire to commit prisoned not more than 10 years, or both; ‘‘(2) if death of an individual results, shall dered by a court in a case related to the im- an offense under paragraph (1). migration laws of the United States shall ‘‘(b) PENALTIES.—Any person who violates be fined under this title, punished by death or imprisoned for any term of years or for automatically expire on the date that is 90 subsection (a)— days after the date on which such relief is ‘‘(1) in the case of an attempt or con- life, or both; ‘‘(3) if serious bodily injury to any indi- entered, unless the court finds that such re- spiracy, shall be fined under this title, im- lief meets the requirements described in sub- prisoned not more than 10 years, or both; vidual results, shall be fined under this title, imprisoned not less than 10 years nor more paragraphs (A) through (D) of paragraph (1) ‘‘(2) if death of an individual results, shall for the entry of permanent prospective relief than 25 years, or both; and be fined under this title, punished by death and orders the preliminary relief to become ‘‘(4) in any other case, shall be fined under or imprisoned for any term of years or for a final order granting prospective relief prior this title, imprisoned not more than 10 life, or both; to the expiration of the 90-day period. years, or both. ‘‘(3) if serious bodily injury to any indi- (c) PROCEDURE FOR MOTION AFFECTING ‘‘(c) RULE OF CONSTRUCTION.—Nothing in vidual results, shall be fined under this title, ORDER GRANTING PROSPECTIVE RELIEF this section shall be construed or applied so imprisoned not less than 10 years nor more AGAINST THE GOVERNMENT.— as to abridge the exercise of rights guaran- than 25 years, or both; and (1) IN GENERAL.—A court shall promptly ‘‘(4) in any other case, shall be fined under teed under the first amendment to the Con- rule on a motion made by the Government to this title, imprisoned not more than 10 stitution of the United States. vacate, modify, dissolve, or otherwise termi- ‘‘(d) LACK OF CONSUMMATED TERRORIST ACT years, or both. nate an order granting prospective relief in NOT A DEFENSE.—It is not a defense under ‘‘(c) RULE OF CONSTRUCTION.—Nothing in any civil action pertaining to the adminis- this section shall be construed or applied so this section that the act of domestic ter- tration or enforcement of the immigration as to abridge the exercise of rights guaran- rorism or international terrorism or Federal laws of the United States. crime of terrorism that is the object of the teed under the first amendment to the Con- (2) AUTOMATIC STAYS.— employment, solicitation, inducement, com- stitution of the United States. (A) IN GENERAL.—A motion to vacate, mod- ‘‘(d) LACK OF CONSUMMATED TERRORIST ACT manding, or causing has not been done. ify, dissolve, or otherwise terminate an order NOT A DEFENSE.—It is not a defense under ‘‘(e) DEFINITIONS.—In this section— granting prospective relief made by the Gov- this section that the act of domestic ter- ‘‘(1) the term ‘Federal crime of terrorism’ ernment in any civil action pertaining to the rorism or international terrorism or Federal has the meaning given that term in section administration or enforcement of the immi- crime of terrorism that is the object of the 2332b of this title; and gration laws of the United States shall auto- employment, solicitation, inducement, com- ‘‘(2) the term ‘serious bodily injury’ has matically, and without further order of the manding, or causing has not been done. the meaning given that term in section 1365 court, stay the order granting prospective ‘‘(e) DEFINITIONS.—In this section— of this title.’’. relief on the date that is 15 days after the ‘‘(1) the term ‘Federal crime of terrorism’ (b) TECHNICAL AND CONFORMING AMEND- date on which such motion is filed unless the has the meaning given that term in section MENTS.—The table of sections at the begin- court previously has granted or denied the 2332b of this title; and ning of chapter 113B of title 18, United States Government’s motion. Code, is amended— ‘‘(2) the term ‘serious bodily injury’ has (B) DURATION OF AUTOMATIC STAY.—An the meaning given that term in section 1365 (1) by inserting after section 2332b the fol- automatic stay under subparagraph (A) shall of this title.’’. lowing: continue until the date on which the court (b) TECHNICAL AND CONFORMING AMEND- ‘‘2332c. Recruitment of persons to participate enters an order granting or denying the Gov- MENTS.—The table of sections at the begin- in terrorism.’’; and ernment’s motion. ning of chapter 113B of title 18, United States (2) by adding at the end the following: (C) POSTPONEMENT.—The court may, for Code, is amended— ‘‘2339D. Receiving military-type training good cause, postpone an automatic stay (1) by inserting after section 2332b the fol- from a foreign terrorist organi- under subparagraph (A) for not longer than lowing: zation.’’. 15 days. ‘‘2332c. Recruitment of persons to participate SEC. ll. APPROPRIATE REMEDIES FOR IMMI- (D) PENDING MOTIONS.— in terrorism.’’; and GRATION LITIGATION. (i) MOTIONS PENDING FOR 45 DAYS OR LESS.— (2) by adding at the end the following: (a) LIMITATION ON CLASS ACTIONS.—No A motion to vacate, modify, dissolve, or oth- erwise terminate an order granting prospec- ‘‘2339D. Receiving military-type training court may certify a class under rule 23 of the tive relief in any civil action pertaining to from a foreign terrorist organi- Federal Rules of Civil Procedure in any civil the administration or enforcement of the im- zation.’’. action that— (1) is filed after the date of the enactment migration laws of the United States that has SA 849. Mr. CORNYN Submitted an of this Act; and been pending for not more than 45 days on amendment intended to be proposed by (2) pertains to the administration or en- the date of the enactment of this Act shall forcement of the immigration laws of the be treated as if the motion had been filed on him to the bill S. 372, to authorize ap- United States. the date of the enactment of this Act for propriations for fiscal year 2007 for the (b) PROSPECTIVE RELIEF AGAINST THE GOV- purposes of this subsection. intelligence and intelligence-related ERNMENT.— (ii) MOTIONS PENDING FOR MORE THAN 45 activities of the United States Govern- (1) IN GENERAL.—If a Federal court deter- DAYS.— ment, the Intelligence Community mines that a plaintiff should be awarded pro- (I) IN GENERAL.—A motion to vacate, mod- Management Account, and the Central spective relief to remedy a violation of the ify, dissolve, or otherwise terminate an order Intelligence Agency Retirement and Government in a civil action pertaining to granting prospective relief in any civil ac- Disability System, and for other pur- the administration or enforcement of the im- tion pertaining to the administration or en- migration laws of the United States, the forcement of the immigration laws of the poses; which was ordered to lie on the court shall— United States that has been pending for table; as follows: (A) limit the relief to the minimum nec- more than 45 days on the date of the enact- At the end, add the following: essary to correct the violation of law; ment of this Act, and remains pending 10 SEC. ll. RECRUITMENT OF PERSONS TO PAR- (B) design the relief as the least intrusive days after the date of the enactment of this TICIPATE IN TERRORISM. means to correct the violation; Act, shall result in an automatic stay, with- (a) IN GENERAL.—Chapter 113B of title 18, (C) design the relief in a manner to mini- out further order of the court, of the pro- United States Code, is amended by inserting mize, to the greatest extent practicable, the spective relief that is the subject of the mo- after section 2332b the following: adverse impact of such relief on the national tion.

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(II) DURATION OF AUTOMATIC STAY.—An agreement that does not comply with the re- stay of the removal of the alien, the date the automatic stay under subclause (I) shall con- quirements of subsection (b). stay of removal is no longer in effect.’’; tinue until the court enters an order grant- (f) DEFINITIONS.—In this section: (ii) by adding at the end of subparagraph ing or denying the Government’s motion. (1) CONSENT DECREE.—The term ‘‘consent (B), the following flush text: (III) POSTPONEMENT.—An automatic stay decree’’ means any relief entered by the ‘‘If, at the beginning of the removal period, under this clause may not be postponed court that is based in whole or in part on the as determined under this subparagraph, the under subparagraph (C). consent or acquiescence of the parties, but alien is not in the custody of the Secretary (E) AUTOMATIC STAYS DURING REMANDS does not include private settlement agree- of Homeland Security (under the authority FROM HIGHER COURTS.—If a United States ments. of this Act), the Secretary shall take the court of appeals orders a decision on a mo- (2) GOOD CAUSE.—The term ‘‘good cause’’ alien into custody for removal, and the re- tion to vacate, modify, dissolve, or otherwise does not include discovery or congestion of moval period shall not begin until the alien terminate an order granting prospective re- the court’s calendar. is taken into such custody. If the Secretary lief in any civil action pertaining to the ad- (3) GOVERNMENT.—The term ‘‘Government’’ transfers custody of the alien during the re- ministration or enforcement of the immigra- means the United States, any Federal de- moval period pursuant to law to another tion laws of the United States to be re- partment or agency, or any Federal agent or Federal agency or a State or local govern- manded to a district court, the order grant- official acting within the scope of official du- ment agency in connection with the official ing prospective relief which is the subject of ties. duties of such agency, the removal period the motion shall be automatically stayed (4) PERMANENT RELIEF.—The term ‘‘perma- shall be tolled, and shall begin anew on the until the district court enters an order nent relief’’ means relief issued in connec- date of the alien’s return to the custody of granting or denying the motion. tion with a final decision of a court. the Secretary subject to clause (ii).’’; and (F) ORDERS BLOCKING AUTOMATIC STAYS.— (5) PRIVATE SETTLEMENT AGREEMENT.—The (iii) by amending subparagraph (C) to read An order staying, suspending, delaying, or term ‘‘private settlement agreement’’ means as follows: otherwise barring the effective date of an an agreement entered into by the parties ‘‘(C) SUSPENSION OF PERIOD.—The removal automatic stay, other than an order to post- that is not subject to judicial enforcement period shall be extended beyond a period of pone the effective date of the automatic stay other than the reinstatement of the civil ac- 90 days and the alien may remain in deten- for not longer than 15 days under subpara- tion of the claim resolved by such agree- tion during such extended period if the graph (C), shall be treated as an order refus- ment. alien— ing to vacate, modify, dissolve, or otherwise (6) PROSPECTIVE RELIEF.—The term ‘‘pro- ‘‘(i) fails or refuses to make all reasonable terminate an injunction and immediately spective relief’’ means temporary, prelimi- efforts to comply with the removal order, or shall be appealable pursuant to section nary, or permanent relief other than com- to fully cooperate with the efforts of the Sec- 1292(a)(1) of title 28, United States Code. pensatory monetary damages. retary to establish the identity of the alien and carry out the removal order, including (3) REQUIREMENTS FOR ORDER DENYING MO- (g) EXPEDITED PROCEEDINGS.—It shall be making timely application in good faith for TION.—Subsection (b) shall apply to any the duty of every court to advance on the order denying a motion made by the Govern- docket and to expedite the disposition of any travel or other documents necessary to the ment to vacate, modify, dissolve, or other- civil action or motion subject to the provi- departure of the alien; or wise terminate an order granting prospective sions of this section. ‘‘(ii) conspires or acts to prevent the alien’s removal.’’; relief in any civil action pertaining to the (h) EFFECTIVE DATE.—This section shall (C) in paragraph (2)— administration or enforcement of the immi- apply with respect to all orders granting pro- (i) by striking ‘‘During’’ and inserting the gration laws of the United States. spective relief in any civil action pertaining following: (d) ADDITIONAL RULES CONCERNING PRO- to the administration or enforcement of the ‘‘(A) IN GENERAL.—During’’; and immigration laws of the United States, SPECTIVE RELIEF AFFECTING EXPEDITED RE- (ii) by adding at the end the following new whether such relief was ordered before, on, MOVAL.— subparagraph: or after the date of the enactment of this (1) JURISDICTION OVER ORDERS INTERFERING ‘‘(B) EFFECT OF STAY OF REMOVAL.—If a Act. WITH THE INSPECTION OF ALIENS ARRIVING IN court, the Board of Immigration Appeals, or EVERABILITY.—If any provision of this THE UNITED STATES.—Notwithstanding any (i) S an immigration judge orders a stay of re- other provision of law (statutory or non- section or the application of such provision moval of an alien who is subject to an ad- statutory), including section 2241 of title 28, to any person or circumstance is found to be ministratively final order of removal, the United States Code, or any other habeas cor- unconstitutional, the remainder of this sec- Secretary of Homeland Security in the exer- pus provision and sections 1361 and 1651 of tion and the application of the provisions of cise of discretion may detain the alien dur- such title, no court shall have jurisdiction to this section to any person or circumstance ing the pendency of such stay of removal.’’; grant or continue an order or part of an shall not be affected by such finding. (D) in paragraph (3), by amending subpara- order granting prospective relief if the order SEC. ll. JUDICIAL REVIEW OF VISA REVOCA- graph (D) to read as follows: or part of the order interferes with, affects, TION. ‘‘(D) to obey reasonable restrictions on the or impacts any determination pursuant to, (a) IN GENERAL.—Section 221(i) of the Im- alien’s conduct or activities or to perform af- or implementation of, section 235(b)(1) of the migration and Nationality Act (8 U.S.C. firmative acts that the Secretary of Home- Immigration and Nationality Act (8 U.S.C. 1201(i)) is amended by striking ‘‘There shall land Security prescribes for the alien, in 1225(b)(1)), except as expressly provided in be no means of judicial review’’ and all that order to prevent the alien from absconding, section 242(e) of such Act (8 U.S.C. 1252(e)). follows and inserting the following: ‘‘Not- for the protection of the community, or for (2) DETERMINATION OF JURISDICTION.—If the withstanding any other provision of law, in- other purposes related to the enforcement of Government files a motion to vacate, mod- cluding section 2241 of title 28, United States the immigration laws.’’; ify, dissolve, or otherwise terminate an order Code, or any other habeas corpus provision, (E) in paragraph (6), by striking ‘‘removal granting prospective relief in a civil action and sections 1361 and 1651 of such title, a rev- period and, if released,’’ and inserting ‘‘re- pertaining to the administration or enforce- ocation under this subsection may not be re- moval period, in the discretion of the Sec- ment of the immigration laws of the United viewed by any court, and no court shall have retary of Homeland Security, without any States, the court shall promptly determine jurisdiction to hear any claim arising from, limitations other than those specified in this whether the court continues to have jurisdic- or any challenge to, such a revocation.’’. section, until the alien is removed. If the tion and shall promptly vacate any order or (b) EFFECTIVE DATE.—The amendment alien is released, the alien’’; and part of an order granting prospective relief made by subsection (a) shall take effect on (F) by redesignating paragraph (7) as para- that is not within the jurisdiction of the the date of enactment of this Act and shall graph (10) and inserting after paragraph (6) court. apply to visas issued before, on, or after such the following new paragraphs: (3) APPLICABILITY.—Paragraphs (1) and (2) date. ‘‘(7) PAROLE.—If an alien detained pursuant shall not apply to an order granting prospec- SEC. ll. DETENTION AND REMOVAL OF ALIENS to paragraph (6) is an applicant for admis- tive relief that was entered before the date of ORDERED REMOVED. sion, the Secretary of Homeland Security, in the enactment of this Act if the prospective (a) DETENTION OF DEPORTABLE ALIENS TO the Secretary’s discretion, may parole the relief granted by such order was necessary to PROTECT PUBLIC SAFETY.— alien under section 212(d)(5) and may pro- remedy the violation of a right guaranteed (1) IN GENERAL.—Section 241(a) of the Im- vide, notwithstanding section 212(d)(5), that by the Constitution of the United States. migration and Nationality Act (8 U.S.C. the alien shall not be returned to custody (e) SETTLEMENTS.— 1231(a)) is amended— unless either the alien violates the condi- (1) CONSENT DECREES.—In any civil action (A) by striking ‘‘Attorney General’’ each tions of the parole or the removal of the pertaining to the administration or enforce- place it appears, except for the first ref- alien becomes reasonably foreseeable. In no ment of the immigration laws of the United erence in paragraph (4)(B)(i), and inserting circumstance shall such alien be considered States, the court shall not enter, approve, or ‘‘Secretary of Homeland Security’’; admitted. continue a consent decree unless it complies (B) in paragraph (1)— ‘‘(8) ADDITIONAL RULES FOR DETENTION OR with the requirements of subsection (b). (i) by amending clause (ii) of subparagraph RELEASE OF CERTAIN ALIENS WHO HAVE MADE (2) PRIVATE SETTLEMENT AGREEMENTS.— (B) to read as follows: AN ENTRY.—The following procedures apply Nothing in this section shall preclude parties ‘‘(ii) If a court, the Board of Immigration to an alien who has effected an entry into from entering into a private settlement Appeals, or an immigration judge orders a the United States and do not apply to any

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4524 CONGRESSIONAL RECORD — SENATE April 16, 2007 other alien detained pursuant to paragraph by regulation, or one or more attempts or tions, except those which the Secretary shall (6): conspiracies to commit any such aggravated adopt by regulation, if— ‘‘(A) ESTABLISHMENT OF A DETENTION RE- felonies or such identified crimes, provided ‘‘(i) the alien has effected an entry; VIEW PROCESS FOR ALIENS WHO FULLY COOPER- that the aggregate term of imprisonment for ‘‘(ii) the alien has not been lawfully admit- ATE WITH REMOVAL.—For an alien who has such attempts or conspiracies is at least 5 ted into the United States; and made all reasonable efforts to comply with a years; or ‘‘(iii) the alien has not been physically removal order and to cooperate fully with ‘‘(bb) the alien has committed one or more present in the United States continuously the Secretary of Homeland Security’s efforts crimes of violence (as defined in section 16 of for the 2-year period immediately prior to to establish the alien’s identity and carry title 18, United States Code, but not includ- the commencement of removal proceedings out the removal order, including making ing a purely political offense) and, because of under this Act or deportation proceedings timely application in good faith for travel or a mental condition or personality disorder against the alien. other documents necessary to the alien’s de- and behavior associated with that condition ‘‘(9) JUDICIAL REVIEW.—Without regard to parture, and has not conspired or acted to or disorder, the alien is likely to engage in the place of confinement, judicial review of prevent removal, the Secretary of Homeland acts of violence in the future; or any action or decision pursuant to paragraph Security shall establish an administrative ‘‘(V) that the release of the alien will (6), (7), or (8) shall be available exclusively in review process to determine whether an alien threaten the safety of the community or any a habeas corpus proceeding instituted in the will be detained or released on conditions. person, conditions of release cannot reason- United States District Court for the District The Secretary shall make a determination ably be expected to ensure the safety of the of Columbia, and only if the alien has ex- whether to release an alien after the removal community or any person, and the alien has hausted all administrative remedies (statu- period in accordance with paragraph (1)(B). been convicted of at least one aggravated fel- tory and regulatory) available to the alien as The determination shall include consider- ony as defined in section 101(a)(43); or of right.’’. ation of any evidence submitted by the alien, ‘‘(iii) pending a certification under clause (2) DETENTION OF ALIENS DURING REMOVAL and may include consideration of any other (ii), if the Secretary has initiated the admin- PROCEEDINGS.— evidence, including any information or as- istrative review process under subparagraph (A) IN GENERAL.—Section 235 of the Immi- sistance provided by the Department of gration and Nationality Act (8 U.S.C. 1225) is State or other Federal agency and any other (C) not later than 30 days after the expira- tion of the alien’s removal period (including amended by adding at the end the following information available to the Secretary per- new subsections: taining to the ability to remove the alien. any extension of the removal period as pro- vided in paragraph (1)(D)). ‘‘(e) LENGTH OF DETENTION.— ‘‘(B) ADDITIONAL 90-DAY PERIOD.—The Sec- ‘‘(1) IN GENERAL.—An alien may be de- retary of Homeland Security, in the exercise ‘‘(D) RENEWAL AND DELEGATION OF CERTIFI- tained under this section, without limita- of discretion, without any limitations other CATION.— tion, until the alien is subject to an adminis- than those specified in this section, may con- ‘‘(i) RENEWAL.—The Secretary of Homeland tratively final order of removal. tinue to detain an alien for 90 days beyond Security may renew a certification under ‘‘(2) EFFECT ON DETENTION UNDER SECTION the removal period (including any extension subparagraph (C)(ii) every 180 days without 241.—The length of detention under this sec- of the removal period as provided in para- limitation, after providing an opportunity tion shall not affect the validity of any de- graph (1)(D)). for the alien to request reconsideration of tention under section 241. ‘‘(C) FURTHER DETENTION.—The Secretary the certification and to submit documents or of Homeland Security, in the exercise of dis- other evidence in support of that request. If ‘‘(3) JUDICIAL REVIEW.—Without regard to cretion, without any limitations other than the Secretary does not renew such a certifi- the place of confinement, judicial review of those specified in this section, may continue cation, the Secretary may not continue to any action or decision made pursuant to to detain an alien beyond the removal period detain the alien under subparagraph (C)(ii). paragraph (1) or (2) of this subsection shall and the 90-day period authorized by subpara- ‘‘(ii) DELEGATION.—Notwithstanding sec- be available exclusively in a habeas corpus graph (B)— tion 103, the Secretary of Homeland Security proceeding instituted in the United States ‘‘(i) until the alien is removed, if the Sec- may not delegate the authority to make or District Court for the District of Columbia retary determines that there is a significant renew a certification described in subclause and only if the alien has exhausted all ad- likelihood that the alien— (II), (III), or (V) of subparagraph (C)(ii) to an ministrative remedies (statutory and non- ‘‘(I) will be removed in the reasonably fore- official below the level of the Assistant Sec- statutory) available to the alien as of seeable future; or retary for Immigration and Customs En- right.’’. ‘‘(II) would be removed in the reasonably forcement. (B) CONFORMING AMENDMENTS.—Section 236 foreseeable future, or would have been re- ‘‘(iii) HEARING.—The Secretary of Home- of the Immigration and Nationality Act (8 moved, but for the failure or refusal of the land Security may request that the Attorney U.S.C. 1226) is amended— alien to make all reasonable efforts to com- General, or a designee of the Attorney Gen- (i) in subsection (e)— ply with the removal order, or to cooperate eral, provide for a hearing to make the deter- (I) by striking ‘‘The’’ and inserting the fol- fully with the efforts of the Secretary to es- mination described in item (bb) of subpara- lowing: tablish the identity of the alien and to carry graph (C)(ii)(IV). ‘‘(1) IN GENERAL.—The’’; and out the removal order, including making ‘‘(E) RELEASE ON CONDITIONS.—If it is deter- (II) by adding at the end the following new timely application in good faith for travel or mined that an alien should be released from paragraph: other documents necessary to the departure detention under this paragraph, the Sec- ‘‘(2) LIMITATION ON REVIEW.—Without re- of the alien, or conspiracies or acts to pre- retary of Homeland Security, in the exercise gard to the place of confinement, judicial re- vent the alien’s removal; of discretion, may impose conditions on re- view of any action or decision made pursuant ‘‘(ii) until the alien is removed, if the Sec- lease as provided in paragraph (3). to subsection (f) shall be available exclu- retary certifies in writing— ‘‘(F) REDETENTION.— sively in a habeas corpus proceeding insti- ‘‘(I) in consultation with the Secretary of ‘‘(i) IN GENERAL.—The Secretary of Home- tuted in the United States District Court for Health and Human Services, that the alien land Security, in the exercise of discretion, the District of Columbia, and only if the has a highly contagious disease that poses a without any limitations other than those alien has exhausted all administrative rem- threat to public safety; specified in this section, may again detain edies (statutory and nonstatutory) available ‘‘(II) after receipt of a written rec- any alien subject to a final removal order to the alien as of right.’’; and ommendation from the Secretary of State, who is released from custody if— (ii) by adding at the end the following new that release of the alien is likely to have se- ‘‘(I) the alien fails to comply with the con- subsection: rious adverse foreign policy consequences for ditions of release; ‘‘(f) LENGTH OF DETENTION.— the United States; ‘‘(II) the alien fails to continue to satisfy ‘‘(1) IN GENERAL.—With regard to the ‘‘(III) based on information available to the the conditions described in subparagraph (A); length of detention, an alien may be de- Secretary of Homeland Security (including or tained under this section, without limita- classified, sensitive, or national security in- ‘‘(III) upon reconsideration, the Secretary tion, until the alien is subject to an adminis- formation, and without regard to the determines that the alien may be detained tratively final order of removal. grounds upon which the alien was ordered re- under subparagraph (B) or (C). ‘‘(2) EFFECT ON DETENTION UNDER SECTION moved), that there is reason to believe that ‘‘(ii) APPLICABILITY OF CUSTODY PROVI- 241.—The length of detention under this sec- the release of the alien would threaten the SIONS.—The provisions of paragraph (6) and tion shall not affect the validity of any de- national security of the United States; or this paragraph shall apply to any alien re- tention under section 241.’’. ‘‘(IV) that the release of the alien will turned to custody pursuant to this subpara- (3) EFFECTIVE DATES.— threaten the safety of the community or any graph, as if the removal period terminated (A) AMENDMENTS MADE BY PARAGRAPH (1).— person, conditions of release cannot reason- on the day of that the alien was so returned The amendments made by paragraph (1) shall ably be expected to ensure the safety of the to custody. take effect on the date of the enactment of community or any person, and— ‘‘(G) CERTAIN ALIENS WHO EFFECTED this Act, and section 241 of the Immigration ‘‘(aa) the alien has been convicted of one or ENTRY.—The Secretary of Homeland Secu- and Nationality Act, as amended, shall apply more aggravated felonies as defined in sec- rity in the exercise of discretion may waive to— tion 101(a)(43)(A), one or more crimes identi- the provisions of subparagraph (A) through (i) all aliens subject to a final administra- fied by the Secretary of Homeland Security (F) and detain an alien without any limita- tive removal, deportation, or exclusion order

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2007 CONGRESSIONAL RECORD — SENATE S4525 that was issued before, on, or after the date ment, the Intelligence Community moval period, in the discretion of the Sec- of the enactment of this Act; and Managment Account, and the Central retary of Homeland Security, without any (ii) acts and conditions occurring or exist- Intelligence Agency Retirement and limitations other than those specified in this ing before, on, or after the date of the enact- Disability System, and for other pur- section, until the alien is removed. If the ment of this Act. poses; which was ordered to lie on the alien is released, the alien’’; and (B) AMENDMENTS MADE BY PARAGRAPH (2).— (6) by redesignating paragraph (7) as para- The amendments made by paragraph (2) shall table; as follows: graph (10) and inserting after paragraph (6) take effect on the date of the enactment of At the end, add the following: the following new paragraphs: this Act, and sections 235 and 236 of the Im- TITLE VI—DETENTION AND REMOVAL OF ‘‘(7) PAROLE.—If an alien detained pursuant migration and Nationality Act, as amended, ALIENS ORDERED REMOVED to paragraph (6) is an applicant for admis- shall apply to any alien in detention under SEC. 601. DETENTION OF DEPORTABLE ALIENS sion, the Secretary of Homeland Security, in provisions of such sections on or after the TO PROTECT PUBLIC SAFETY. the Secretary’s discretion, may parole the date of the enactment of this Act. (a) IN GENERAL.—Section 241(a) of the Im- alien under section 212(d)(5) and may pro- (b) CRIMINAL DETENTION OF ALIENS TO PRO- migration and Nationality Act (8 U.S.C. vide, notwithstanding section 212(d)(5), that TECT PUBLIC SAFETY.— 1231(a)) is amended— the alien shall not be returned to custody (1) IN GENERAL.—Section 3142(e) of title 18, (1) by striking ‘‘Attorney General’’ each unless either the alien violates the condi- United States Code, is amended— place it appears, except for the first ref- tions of the parole or the removal of the (A) by redesignating paragraphs (1) erence in paragraph (4)(B)(i), and inserting alien becomes reasonably foreseeable. In no through (3) as subparagraphs (A) through (C), ‘‘Secretary of Homeland Security’’; circumstance shall such alien be considered respectively; (2) in paragraph (1)— admitted. (B) by striking ‘‘If, after a hearing’’ and in- (A) by amending clause (ii) of subpara- ‘‘(8) ADDITIONAL RULES FOR DETENTION OR serting the following: graph (B) to read as follows: RELEASE OF CERTAIN ALIENS WHO HAVE MADE N GENERAL ‘‘(1) I .—If, after a hearing’’; ‘‘(ii) If a court, the Board of Immigration AN ENTRY.—The following procedures apply (C) by striking ‘‘In a case’’ and inserting Appeals, or an immigration judge orders a to an alien who has effected an entry into the following: stay of the removal of the alien, the date the the United States and do not apply to any ‘‘(2) PRESUMPTION ARISING FROM OFFENSES stay of removal is no longer in effect.’’; other alien detained pursuant to paragraph DESCRIBED IN SUBSECTION (F)(1).—In a case’’; (B) by adding at the end of subparagraph (6): (D) by striking ‘‘Subject to rebuttal’’ and (B), the following flush text: ‘‘(A) ESTABLISHMENT OF A DETENTION RE- inserting the following: ‘‘If, at the beginning of the removal period, VIEW PROCESS FOR ALIENS WHO FULLY COOPER- RESUMPTION ARISING FROM OTHER OF ‘‘(3) P - as determined under this subparagraph, the ATE WITH REMOVAL.—For an alien who has FENSES INVOLVING ILLEGAL SUBSTANCES, FIRE- alien is not in the custody of the Secretary made all reasonable efforts to comply with a ARMS, VIOLENCE, OR MINORS.—Subject to re- of Homeland Security (under the authority removal order and to cooperate fully with buttal’’; of this Act), the Secretary shall take the the Secretary of Homeland Security’s efforts (E) in subparagraphs (B) and (C) of para- alien into custody for removal, and the re- to establish the alien’s identity and carry graph (1), as resdesignated, by striking moval period shall not begin until the alien out the removal order, including making ‘‘paragraph (1)’’ and inserting ‘‘subparagraph is taken into such custody. If the Secretary timely application in good faith for travel or (A)’’; and transfers custody of the alien during the re- other documents necessary to the alien’s de- (F) by adding at the end the following new moval period pursuant to law to another parture, and has not conspired or acted to paragraph: Federal agency or a State or local govern- prevent removal, the Secretary of Homeland ‘‘(4) PRESUMPTION ARISING FROM OFFENSES ment agency in connection with the official Security shall establish an administrative RELATING TO IMMIGRATION LAW.—Subject to duties of such agency, the removal period review process to determine whether an alien rebuttal by the person, it shall be presumed shall be tolled, and shall begin anew on the will be detained or released on conditions. that no condition or combination of condi- date of the alien’s return to the custody of The Secretary shall make a determination tions will reasonably assure the appearance the Secretary subject to clause (ii).’’; and whether to release an alien after the removal of the person as required if the judicial offi- (C) by amending subparagraph (C) to read period in accordance with paragraph (1)(B). cer finds that there is probable cause to be- as follows: The determination shall include consider- lieve that the person is an alien and that the ‘‘(C) SUSPENSION OF PERIOD.—The removal ation of any evidence submitted by the alien, person— period shall be extended beyond a period of and may include consideration of any other ‘‘(A) has no lawful immigration status in 90 days and the alien may remain in deten- evidence, including any information or as- the United States; tion during such extended period if the sistance provided by the Department of ‘‘(B) is the subject of a final order of re- alien— State or other Federal agency and any other moval; or ‘‘(i) fails or refuses to make all reasonable information available to the Secretary per- ‘‘(C) has committed a felony offense under efforts to comply with the removal order, or taining to the ability to remove the alien. section 842(i)(5), 911, 922(g)(5), 1015, 1028, to fully cooperate with the efforts of the Sec- ‘‘(B) ADDITIONAL 90-DAY PERIOD.—The Sec- 1028A, 1425, or 1426 of this title, or any sec- retary to establish the identity of the alien retary of Homeland Security, in the exercise tion of chapters 75 and 77 of this title, or sec- and carry out the removal order, including of discretion, without any limitations other tion 243, 274, 275, 276, 277, or 278 of the Immi- making timely application in good faith for than those specified in this section, may con- gration and Nationality Act (8 U.S.C. 1253, travel or other documents necessary to the tinue to detain an alien for 90 days beyond 1324, 1325, 1326, 1327, and 1328).’’. departure of the alien; or the removal period (including any extension (2) IMMIGRATION STATUS AS FACTOR IN DE- ‘‘(ii) conspires or acts to prevent the of the removal period as provided in para- TERMINING CONDITIONS OF RELEASE.—Section alien’s removal.’’; graph (1)(D)). 3142(g)(3) of title 18, United States Code, is (3) in paragraph (2)— ‘‘(C) FURTHER DETENTION.—The Secretary amended— (A) by striking ‘‘During’’ and inserting the of Homeland Security, in the exercise of dis- (A) in subparagraph (A), by striking ‘‘; following: cretion, without any limitations other than and’’ and inserting a semicolon; and ‘‘(A) IN GENERAL.—During’’; and those specified in this section, may continue (B) by adding at the end the following new (B) by adding at the end the following new to detain an alien beyond the removal period subparagraph: subparagraph: and the 90-day period authorized by subpara- ‘‘(C) the person’s immigration status; ‘‘(B) EFFECT OF STAY OF REMOVAL.—If a graph (B)— and’’. court, the Board of Immigration Appeals, or ‘‘(i) until the alien is removed, if the Sec- (c) SEVERABILITY.—If any provision of this an immigration judge orders a stay of re- retary determines that there is a significant section or any amendment made by this sec- moval of an alien who is subject to an ad- likelihood that the alien— tion, or the application of any such provision ministratively final order of removal, the ‘‘(I) will be removed in the reasonably fore- or amendment to any person or cir- Secretary of Homeland Security in the exer- seeable future; or cumstance, is held to be invalid for any rea- cise of discretion may detain the alien dur- ‘‘(II) would be removed in the reasonably son, the remainder of the provisions of this ing the pendency of such stay of removal.’’; foreseeable future, or would have been re- section and the amendments made by this (4) in paragraph (3), by amending subpara- moved, but for the failure or refusal of the section, and the application of such provi- graph (D) to read as follows: alien to make all reasonable efforts to com- sions and amendments to any other person ‘‘(D) to obey reasonable restrictions on the ply with the removal order, or to cooperate or circumstance shall not be affected by such alien’s conduct or activities or to perform af- fully with the efforts of the Secretary to es- holding. firmative acts that the Secretary of Home- tablish the identity of the alien and to carry SA 850. Mr. CORNYN submitted an land Security prescribes for the alien, in out the removal order, including making amendment intended to be proposed by order to prevent the alien from absconding, timely application in good faith for travel or for the protection of the community, or for other documents necessary to the departure him to the bill S. 372, to authorize ap- other purposes related to the enforcement of of the alien, or conspiracies or acts to pre- propriations for fiscal year 2007 for the the immigration laws.’’; vent the alien’s removal; intelligence and intelligence-related (5) in paragraph (6), by striking ‘‘removal ‘‘(ii) until the alien is removed, if the Sec- activities of the United States Govern- period and, if released,’’ and inserting ‘‘re- retary certifies in writing—

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4526 CONGRESSIONAL RECORD — SENATE April 16, 2007

‘‘(I) in consultation with the Secretary of ‘‘(i) IN GENERAL.—The Secretary of Home- the District of Columbia, and only if the Health and Human Services, that the alien land Security, in the exercise of discretion, alien has exhausted all administrative rem- has a highly contagious disease that poses a without any limitations other than those edies (statutory and nonstatutory) available threat to public safety; specified in this section, may again detain to the alien as of right.’’; and ‘‘(II) after receipt of a written rec- any alien subject to a final removal order (B) by adding at the end the following new ommendation from the Secretary of State, who is released from custody if— subsection: that release of the alien is likely to have se- ‘‘(I) the alien fails to comply with the con- ‘‘(f) LENGTH OF DETENTION.— rious adverse foreign policy consequences for ditions of release; ‘‘(1) IN GENERAL.—With regard to the the United States; ‘‘(II) the alien fails to continue to satisfy length of detention, an alien may be de- ‘‘(III) based on information available to the the conditions described in subparagraph (A); tained under this section, without limita- Secretary of Homeland Security (including or tion, until the alien is subject to an adminis- classified, sensitive, or national security in- ‘‘(III) upon reconsideration, the Secretary tratively final order of removal. formation, and without regard to the determines that the alien may be detained ‘‘(2) EFFECT ON DETENTION UNDER SECTION grounds upon which the alien was ordered re- under subparagraph (B) or (C). 241.—The length of detention under this sec- moved), that there is reason to believe that ‘‘(ii) APPLICABILITY OF CUSTODY PROVI- tion shall not affect the validity of any de- tention under section 241.’’. the release of the alien would threaten the SIONS.—The provisions of paragraph (6) and (c) EFFECTIVE DATES.— national security of the United States; or this paragraph shall apply to any alien re- (1) AMENDMENTS MADE BY SUBSECTION (A).— ‘‘(IV) that the release of the alien will turned to custody pursuant to this subpara- graph, as if the removal period terminated The amendments made by subsection (a) threaten the safety of the community or any on the day of that the alien was so returned shall take effect on the date of the enact- person, conditions of release cannot reason- to custody. ment of this Act, and section 241 of the Im- ably be expected to ensure the safety of the ‘‘(G) CERTAIN ALIENS WHO EFFECTED migration and Nationality Act, as amended, community or any person, and— ENTRY.—The Secretary of Homeland Secu- shall apply to— ‘‘(aa) the alien has been convicted of one or rity in the exercise of discretion may waive (A) all aliens subject to a final administra- more aggravated felonies as defined in sec- the provisions of subparagraph (A) through tive removal, deportation, or exclusion order tion 101(a)(43)(A), one or more crimes identi- (F) and detain an alien without any limita- that was issued before, on, or after the date fied by the Secretary of Homeland Security tions, except those which the Secretary shall of the enactment of this Act; and by regulation, or one or more attempts or adopt by regulation, if— (B) acts and conditions occurring or exist- conspiracies to commit any such aggravated ‘‘(i) the alien has effected an entry; ing before, on, or after the date of the enact- felonies or such identified crimes, provided ‘‘(ii) the alien has not been lawfully admit- ment of this Act. that the aggregate term of imprisonment for ted into the United States; and (2) AMENDMENTS MADE BY SUBSECTION (B).— such attempts or conspiracies is at least 5 ‘‘(iii) the alien has not been physically The amendments made by subsection (b) years; or present in the United States continuously shall take effect on the date of the enact- ‘‘(bb) the alien has committed one or more for the 2-year period immediately prior to ment of this Act, and sections 235 and 236 of crimes of violence (as defined in section 16 of the commencement of removal proceedings the Immigration and Nationality Act, as title 18, United States Code, but not includ- under this Act or deportation proceedings amended, shall apply to any alien in deten- ing a purely political offense) and, because of against the alien. tion under provisions of such sections on or a mental condition or personality disorder ‘‘(9) JUDICIAL REVIEW.—Without regard to after the date of the enactment of this Act. and behavior associated with that condition the place of confinement, judicial review of SEC. 602. CRIMINAL DETENTION OF ALIENS TO or disorder, the alien is likely to engage in any action or decision pursuant to paragraph PROTECT PUBLIC SAFETY. acts of violence in the future; or (6), (7), or (8) shall be available exclusively in (a) IN GENERAL.—Section 3142(e) of title 18, ‘‘(V) that the release of the alien will a habeas corpus proceeding instituted in the United States Code, is amended— threaten the safety of the community or any United States District Court for the District (1) by redesignating paragraphs (1) through person, conditions of release cannot reason- of Columbia, and only if the alien has ex- (3) as subparagraphs (A) through (C), respec- ably be expected to ensure the safety of the hausted all administrative remedies (statu- tively; community or any person, and the alien has tory and regulatory) available to the alien as (2) by striking ‘‘If, after a hearing’’ and in- been convicted of at least one aggravated fel- of right.’’. serting the following: ony as defined in section 101(a)(43); or (b) DETENTION OF ALIENS DURING REMOVAL ‘‘(1) IN GENERAL.—If, after a hearing’’; ‘‘(iii) pending a certification under clause PROCEEDINGS.— (3) by striking ‘‘In a case’’ and inserting (ii), if the Secretary has initiated the admin- (1) IN GENERAL.—Section 235 of the Immi- the following: istrative review process under subparagraph gration and Nationality Act (8 U.S.C. 1225) is ‘‘(2) PRESUMPTION ARISING FROM OFFENSES (C) not later than 30 days after the expira- amended by adding at the end the following DESCRIBED IN SUBSECTION (F)(1).—In a case’’; tion of the alien’s removal period (including new subsections: (4) by striking ‘‘Subject to rebuttal’’ and any extension of the removal period as pro- ‘‘(e) LENGTH OF DETENTION.— inserting the following: vided in paragraph (1)(D)). ‘‘(1) IN GENERAL.—An alien may be de- ‘‘(3) PRESUMPTION ARISING FROM OTHER OF- ‘‘(D) RENEWAL AND DELEGATION OF CERTIFI- tained under this section, without limita- FENSES INVOLVING ILLEGAL SUBSTANCES, FIRE- CATION.— tion, until the alien is subject to an adminis- ARMS, VIOLENCE, OR MINORS.—Subject to re- ‘‘(i) RENEWAL.—The Secretary of Homeland tratively final order of removal. buttal’’; Security may renew a certification under ‘‘(2) EFFECT ON DETENTION UNDER SECTION (5) in subparagraphs (B) and (C) of para- subparagraph (C)(ii) every 180 days without 241.—The length of detention under this sec- graph (1), as resdesignated, by striking limitation, after providing an opportunity tion shall not affect the validity of any de- ‘‘paragraph (1)’’ and inserting ‘‘subparagraph for the alien to request reconsideration of tention under section 241. (A)’’; and the certification and to submit documents or ‘‘(3) JUDICIAL REVIEW.—Without regard to (6) by adding at the end the following new other evidence in support of that request. If the place of confinement, judicial review of paragraph: the Secretary does not renew such a certifi- any action or decision made pursuant to ‘‘(4) PRESUMPTION ARISING FROM OFFENSES cation, the Secretary may not continue to paragraph (1) or (2) of this subsection shall RELATING TO IMMIGRATION LAW.—Subject to detain the alien under subparagraph (C)(ii). be available exclusively in a habeas corpus rebuttal by the person, it shall be presumed ‘‘(ii) DELEGATION.—Notwithstanding sec- proceeding instituted in the United States that no condition or combination of condi- tion 103, the Secretary of Homeland Security District Court for the District of Columbia tions will reasonably assure the appearance may not delegate the authority to make or and only if the alien has exhausted all ad- of the person as required if the judicial offi- renew a certification described in subclause ministrative remedies (statutory and non- cer finds that there is probable cause to be- (II), (III), or (V) of subparagraph (C)(ii) to an statutory) available to the alien as of lieve that the person is an alien and that the official below the level of the Assistant Sec- right.’’. person— retary for Immigration and Customs En- (2) CONFORMING AMENDMENTS.—Section 236 ‘‘(A) has no lawful immigration status in forcement. of the Immigration and Nationality Act (8 the United States; ‘‘(iii) HEARING.—The Secretary of Home- U.S.C. 1226) is amended— ‘‘(B) is the subject of a final order of re- land Security may request that the Attorney (A) in subsection (e)— moval; or General, or a designee of the Attorney Gen- (i) by striking ‘‘The’’ and inserting the fol- ‘‘(C) has committed a felony offense under eral, provide for a hearing to make the deter- lowing: section 842(i)(5), 911, 922(g)(5), 1015, 1028, mination described in item (bb) of subpara- ‘‘(1) IN GENERAL.—The’’; and 1028A, 1425, or 1426 of this title, or any sec- graph (C)(ii)(IV). (ii) by adding at the end the following new tion of chapters 75 and 77 of this title, or sec- ‘‘(E) RELEASE ON CONDITIONS.—If it is deter- paragraph: tion 243, 274, 275, 276, 277, or 278 of the Immi- mined that an alien should be released from ‘‘(2) LIMITATION ON REVIEW.—Without re- gration and Nationality Act (8 U.S.C. 1253, detention under this paragraph, the Sec- gard to the place of confinement, judicial re- 1324, 1325, 1326, 1327, and 1328).’’. retary of Homeland Security, in the exercise view of any action or decision made pursuant (b) IMMIGRATION STATUS AS FACTOR IN DE- of discretion, may impose conditions on re- to subsection (f) shall be available exclu- TERMINING CONDITIONS OF RELEASE.—Section lease as provided in paragraph (3). sively in a habeas corpus proceeding insti- 3142(g)(3) of title 18, United States Code, is ‘‘(F) REDETENTION.— tuted in the United States District Court for amended—

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2007 CONGRESSIONAL RECORD — SENATE S4527 (1) in subparagraph (A), by striking ‘‘; and’’ (A) limit the relief to the minimum nec- more than 45 days on the date of the enact- and inserting a semicolon; and essary to correct the violation of law; ment of this Act, and remains pending 10 (2) by adding at the end the following new (B) design the relief as the least intrusive days after the date of the enactment of this subparagraph: means to correct the violation; Act, shall result in an automatic stay, with- ‘‘(C) the person’s immigration status; (C) design the relief in a manner to mini- out further order of the court, of the pro- and’’. mize, to the greatest extent practicable, the spective relief that is the subject of the mo- SEC. 603. SEVERABILITY. adverse impact of such relief on the national tion. If any provision of this title or any amend- security, border security, ability to admin- (II) DURATION OF AUTOMATIC STAY.—An ment made by this title, or the application ister and enforce the immigration laws, and automatic stay under subclause (I) shall con- of any such provision or amendment to any public safety of the United States; and tinue until the court enters an order grant- person or circumstance, is held to be invalid (D) provide for the expiration of the relief ing or denying the Government’s motion. for any reason, the remainder of the provi- on a specific date, which may not be later (III) POSTPONEMENT.—An automatic stay sions of this title and the amendments made than the earliest date practicable for the under this clause may not be postponed by this title, and the application of such pro- Government to remedy the violation. under subparagraph (C). visions and amendments to any other person (2) WRITTEN EXPLANATION.—A court grant- (E) AUTOMATIC STAYS DURING REMANDS or circumstance shall not be affected by such ing prospective relief for a violation de- FROM HIGHER COURTS.—If a United States holding. scribed in paragraph (1) shall issue a written court of appeals orders a decision on a mo- order granting the relief and include in the tion to vacate, modify, dissolve, or otherwise SA 851. Mr. CORNYN submitted an order a discussion of the manner in which terminate an order granting prospective re- amendment intended to be proposed by the relief is designed to meet the require- lief in any civil action pertaining to the ad- him to the bill S. 372, to authorize ap- ments of subparagraphs (A) through (D) of ministration or enforcement of the immigra- propriations for fiscal year 2007 for the paragraph (1) and shall be sufficiently de- tion laws of the United States to be re- intelligence and intelligence-related tailed to allow review by another court. manded to a district court, the order grant- (3) EXPIRATION OF PRELIMINARY INJUNCTIVE ing prospective relief which is the subject of activities of the United States Govern- RELIEF.—Preliminary injunctive relief or- the motion shall be automatically stayed ment, the Intelligence Community dered by a court in a case related to the im- until the district court enters an order Management Account, and the Central migration laws of the United States shall granting or denying the motion. Intelligence Agency Retirement and automatically expire on the date that is 90 (F) ORDERS BLOCKING AUTOMATIC STAYS.— Disability System, and for other pur- days after the date on which such relief is An order staying, suspending, delaying, or poses; which was ordered to lie on the entered, unless the court finds that such re- otherwise barring the effective date of an table; as follows: lief meets the requirements described in sub- automatic stay, other than an order to post- paragraphs (A) through (D) of paragraph (1) pone the effective date of the automatic stay At the end, add the following: for the entry of permanent prospective relief for not longer than 15 days under subpara- SEC. ll. JUDICIAL REVIEW OF VISA REVOCA- and orders the preliminary relief to become graph (C), shall be treated as an order refus- TION. a final order granting prospective relief prior ing to vacate, modify, dissolve, or otherwise (a) IN GENERAL.—Section 221(i) of the Im- to the expiration of the 90-day period. terminate an injunction and immediately migration and Nationality Act (8 U.S.C. (c) PROCEDURE FOR MOTION AFFECTING shall be appealable pursuant to section 1201(i)) is amended by striking ‘‘There shall ORDER GRANTING PROSPECTIVE RELIEF 1292(a)(1) of title 28, United States Code. be no means of judicial review’’ and all that AGAINST THE GOVERNMENT.— (3) REQUIREMENTS FOR ORDER DENYING MO- follows and inserting the following: ‘‘Not- (1) IN GENERAL.—A court shall promptly TION.—Subsection (b) shall apply to any withstanding any other provision of law, in- rule on a motion made by the Government to order denying a motion made by the Govern- cluding section 2241 of title 28, United States vacate, modify, dissolve, or otherwise termi- ment to vacate, modify, dissolve, or other- Code, or any other habeas corpus provision, nate an order granting prospective relief in wise terminate an order granting prospective and sections 1361 and 1651 of such title, a rev- any civil action pertaining to the adminis- relief in any civil action pertaining to the ocation under this subsection may not be re- tration or enforcement of the immigration administration or enforcement of the immi- viewed by any court, and no court shall have laws of the United States. gration laws of the United States. jurisdiction to hear any claim arising from, (2) AUTOMATIC STAYS.— (d) ADDITIONAL RULES CONCERNING PRO- or any challenge to, such a revocation.’’. (A) IN GENERAL.—A motion to vacate, mod- SPECTIVE RELIEF AFFECTING EXPEDITED RE- (b) EFFECTIVE DATE.—The amendment ify, dissolve, or otherwise terminate an order MOVAL.— made by subsection (a) shall take effect on granting prospective relief made by the Gov- (1) JURISDICTION OVER ORDERS INTERFERING the date of enactment of this Act and shall ernment in any civil action pertaining to the WITH THE INSPECTION OF ALIENS ARRIVING IN apply to visas issued before, on, or after such administration or enforcement of the immi- THE UNITED STATES.—Notwithstanding any date gration laws of the United States shall auto- other provision of law (statutory or non- matically, and without further order of the statutory), including section 2241 of title 28, SA 852. Mr. CORNYN submitted an court, stay the order granting prospective United States Code, or any other habeas cor- amendment intended to be proposed by relief on the date that is 15 days after the pus provision and sections 1361 and 1651 of him to the bill S. 372, to authorize ap- date on which such motion is filed unless the such title, no court shall have jurisdiction to propriations for fiscal year 2007 for the court previously has granted or denied the grant or continue an order or part of an intelligence and intelligence-related Government’s motion. order granting prospective relief if the order activities of the United States Govern- (B) DURATION OF AUTOMATIC STAY.—An or part of the order interferes with, affects, ment, the Intelligence Community automatic stay under subparagraph (A) shall or impacts any determination pursuant to, Management Account, and the Central continue until the date on which the court or implementation of, section 235(b)(1) of the enters an order granting or denying the Gov- Immigration and Nationality Act (8 U.S.C. Intelligence Agency Retirement and ernment’s motion. 1225(b)(1)), except as expressly provided in Disability System, and for other pur- (C) POSTPONEMENT.—The court may, for section 242(e) of such Act (8 U.S.C. 1252(e)). poses; which was ordered to lie on the good cause, postpone an automatic stay (2) DETERMINATION OF JURISDICTION.—If the table; as follows: under subparagraph (A) for not longer than Government files a motion to vacate, mod- At the end, add the following: 15 days. ify, dissolve, or otherwise terminate an order SEC. ll. APPROPRIATE REMEDIES FOR IMMI- (D) PENDING MOTIONS.— granting prospective relief in a civil action GRATION LITIGATION. (i) MOTIONS PENDING FOR 45 DAYS OR LESS.— pertaining to the administration or enforce- (a) LIMITATION ON CLASS ACTIONS.—No A motion to vacate, modify, dissolve, or oth- ment of the immigration laws of the United court may certify a class under rule 23 of the erwise terminate an order granting prospec- States, the court shall promptly determine Federal Rules of Civil Procedure in any civil tive relief in any civil action pertaining to whether the court continues to have jurisdic- action that— the administration or enforcement of the im- tion and shall promptly vacate any order or (1) is filed after the date of the enactment migration laws of the United States that has part of an order granting prospective relief of this Act; and been pending for not more than 45 days on that is not within the jurisdiction of the (2) pertains to the administration or en- the date of the enactment of this Act shall court. forcement of the immigration laws of the be treated as if the motion had been filed on (3) APPLICABILITY.—Paragraphs (1) and (2) United States. the date of the enactment of this Act for shall not apply to an order granting prospec- (b) PROSPECTIVE RELIEF AGAINST THE GOV- purposes of this subsection. tive relief that was entered before the date of ERNMENT.— (ii) MOTIONS PENDING FOR MORE THAN 45 the enactment of this Act if the prospective (1) IN GENERAL.—If a Federal court deter- DAYS.— relief granted by such order was necessary to mines that a plaintiff should be awarded pro- (I) IN GENERAL.—A motion to vacate, mod- remedy the violation of a right guaranteed spective relief to remedy a violation of the ify, dissolve, or otherwise terminate an order by the Constitution of the United States. Government in a civil action pertaining to granting prospective relief in any civil ac- (e) SETTLEMENTS.— the administration or enforcement of the im- tion pertaining to the administration or en- (1) CONSENT DECREES.—In any civil action migration laws of the United States, the forcement of the immigration laws of the pertaining to the administration or enforce- court shall— United States that has been pending for ment of the immigration laws of the United

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4528 CONGRESSIONAL RECORD — SENATE April 16, 2007 States, the court shall not enter, approve, or the funds, weapons, materials, and secure ‘‘(b) A civil penalty not to exceed $250,000 continue a consent decree unless it complies areas they require to plan and conduct oper- may be imposed on any person who commits with the requirements of subsection (b). ations. an unlawful act described in subsection (a). (2) PRIVATE SETTLEMENT AGREEMENTS.— (4) United States policy seeks to pressure ‘‘(c) A person who willfully commits, or Nothing in this section shall preclude parties and isolate state sponsors of terrorism so willfully attempts to commit, an unlawful from entering into a private settlement they will renounce the use of terrorism, end act described in subsection (a), shall, upon agreement that does not comply with the re- support to terrorists, and bring terrorists to conviction for such unlawful act— quirements of subsection (b). justice for past crimes. ‘‘(1) if a corporation, be fined not more (f) DEFINITIONS.—In this section: (5) Syria remains a designated state spon- than $500,000; (1) CONSENT DECREE.—The term ‘‘consent sor of terrorism, having first been designated ‘‘(2) if a natural person, be fined not more decree’’ means any relief entered by the as such on December 29, 1979. than $500,000, or imprisoned not more than 10 court that is based in whole or in part on the (6) Iran remains a designated state sponsor years, or both; or consent or acquiescence of the parties, but of terrorism, having first been designated as ‘‘(3) if an officer, director, or agent of a does not include private settlement agree- such on January 19, 1984. corporation who knowingly participates, or ments. (7) The Secretary of State determined in attempts to participate, in such unlawful (2) GOOD CAUSE.—The term ‘‘good cause’’ 2006 that Syria and Iran continue to ‘‘rou- act, be fined not more than $500,000, or im- does not include discovery or congestion of tinely provide unique safe haven, substantial prisoned not more than 10 years, or both.’’. the court’s calendar. resources and guidance to terrorist organiza- (3) GOVERNMENT.—The term ‘‘Government’’ tions’’. SA 855. Mr. ENSIGN submitted an means the United States, any Federal de- (8) Senators themselves have historically amendment intended to be proposed by partment or agency, or any Federal agent or recognized the constitutional principle that him to the bill S. 372, to authorize ap- official acting within the scope of official du- the foreign affairs power resides exclusively propriations for fiscal year 2007 for the ties. in the Executive Branch. For example, Sen- intelligence and intelligence-related (4) PERMANENT RELIEF.—The term ‘‘perma- ator J. William Fulbright, former Chairman activities of the United States Govern- nent relief’’ means relief issued in connec- of the Committee on Foreign Relations of ment, the Intelligence Community tion with a final decision of a court. the Senate explained in a speech at Cornell Law School in 1959, ‘‘[t]he pre-eminent re- Management Account, and the Central (5) PRIVATE SETTLEMENT AGREEMENT.—The Intelligence Agency Retirement and term ‘‘private settlement agreement’’ means sponsibility of the President for the formula- an agreement entered into by the parties tion and conduct of American foreign policy Disability System, and for other pur- that is not subject to judicial enforcement is clear and unalterable.... He possesses sole poses; which was ordered to lie on the other than the reinstatement of the civil ac- authority to communicate and negotiate table; as follows: tion of the claim resolved by such agree- with foreign powers.’’ (published as J. Wil- At the appropriate place, insert the fol- ment. liam Fulbright, ‘‘American Foreign Policy in lowing: (6) PROSPECTIVE RELIEF.—The term ‘‘pro- the 20th-Century Under an 18th-Century Con- SEC. l. PROHIBITION OF WAR CRIMES PROSECU- spective relief’’ means temporary, prelimi- stitution’’, 47 Cornell Law Quarterly 1, 3 TION. nary, or permanent relief other than com- (1961)). (a) SHORT TITLE.—This section may be pensatory monetary damages. (9) The Supreme Court similarly recog- cited as the ‘‘Prohibition of Foreign War (g) EXPEDITED PROCEEDINGS.—It shall be nized the ‘‘very delicate, plenary and exclu- Crimes Prosecutions of Americans Act of the duty of every court to advance on the sive power of the President as the sole organ 2007’’. docket and to expedite the disposition of any of the Federal Government in the field of (b) IN GENERAL.—Chapter 118 of title 18, civil action or motion subject to the provi- international relations’’ in the United States United States Code, is amended by adding at sions of this section. versus Curtiss-Wright Export Corporation the end the following: (h) EFFECTIVE DATE.—This section shall (299 U.S. 304, 319 (1936)). ‘‘§ 2442. International criminal court ENSE OF THE SENATE.—It is the sense apply with respect to all orders granting pro- (b) S of the Senate that leaders of Congress should ‘‘(a) OFFENSE.—Except as provided under spective relief in any civil action pertaining not engage in diplomacy with state sponsors subsection (b), it shall be unlawful for any to the administration or enforcement of the of terrorism over the expressed objections of person, acting under the authority of the immigration laws of the United States, officials of the Executive Branch, as the Ex- International Criminal Court, another inter- whether such relief was ordered before, on, ecutive Branch has the exclusively responsi- national organization, or a foreign govern- or after the date of the enactment of this bility for foreign affairs matters under the ment, to knowingly indict, apprehend, de- Act. Constitution. tain, prosecute, convict, or participate in the (i) SEVERABILITY.—If any provision of this imposition or carrying out of any sentence section or the application of such provision SA 854. Mr. ENSIGN submitted an or other penalty on, any American in con- to any person or circumstance is found to be amendment intended to be proposed by nection with any proceeding by or before the unconstitutional, the remainder of this sec- him to the bill S. 372, to authorize ap- International Criminal Court, another inter- tion and the application of the provisions of national organization, or a foreign govern- this section to any person or circumstance propriations for fiscal year 2007 for the ment in which that American is accused of a shall not be affected by such finding. intelligence and intelligence-related war crime. activities of the United States Govern- ‘‘(b) EXCEPTION.—Subsection (a) shall not SA 853. Mr. CORNYN submitted an ment, the Intelligence Community apply in connection with a criminal pro- amendment intended to be proposed by Management Account, and the Central ceeding instituted by the government of a him to the bill S. 372, to authorize ap- Intelligence Agency Retirement and foreign country within the courts of such Disability System, and for other pur- country with respect to a war crime alleg- propriations for fiscal year 2007 for the edly committed— intelligence and intelligence-related poses; which was ordered to lie on the table; as follows: ‘‘(1) on territory subject to the sovereign activities of the United States Govern- jurisdiction of such government; or ment, the Intelligence Community At the end, add the following: ‘‘(2) against persons who were nationals of Management Account, and the Central SEC. ll. PENALTIES FOR VIOLATIONS OF THE such country at the time that the war crime INTERNATIONAL EMERGENCY ECO- is alleged to have been committed. Intelligence Agency Retirement and NOMIC POWERS ACT. ‘‘(c) CRIMINAL PENALTY.— Disability System, and for other pur- Section 206 of the International Emergency ‘‘(1) IN GENERAL.—Any person who violates Economic Powers Act (50 U.S.C. 1705) is poses; which was ordered to lie on the subsection (a) shall be fined not more than amended to read as follows: table; as follows: $5,000,000, imprisoned under paragraph (2), or At the end of title V, add the following: ‘‘PENALTIES both. SEC. ll. SENSE OF THE SENATE REGARDING ‘‘SEC. 206. (a) It shall be unlawful for— ‘‘(2) PRISON SENTENCE.—The maximum LEADERS OF CONGRESS ENGAGING ‘‘(1) a person to violate, or conspire to or term of imprisonment for an offense under IN DIPLOMACY WITH STATE SPON- attempt to violate, any license, order, regu- this section is the greater of— SORS OF TERRORISM. lation, or prohibition issued under this title; ‘‘(A) 5 years; or (a) FINDINGS.—Congress makes the fol- ‘‘(2) a person subject to the jurisdiction of ‘‘(B) the maximum term that could be im- lowing findings: the United States to take any action to posed on the American in the criminal pro- (1) The Secretary of State has designated evade or avoid, or attempt to evade or avoid, ceeding described in subsection (a) with re- certain countries that have repeatedly pro- a license, order, regulation, or prohibition spect to which the violation took place. vided support for international acts of ter- issued under this title; or ‘‘(d) EXTRATERRITORIAL JURISDICTION.— rorism as state sponsors of terrorism. ‘‘(3) a person subject to the jurisdiction of There is extraterritorial jurisdiction over an (2) State sponsors of terrorism provide the United States to approve, facilitate, or offense under this section. critical support to non-state terrorist provide financing for any action, regardless ‘‘(e) CIVIL REMEDY.—Any person who is ag- groups. of who initiates or completes the action, if it grieved by a violation described in sub- (3) Without state sponsors, terrorist groups would be unlawful for such person to initiate section (a) may, in a civil action, obtain ap- would have much more difficulty obtaining or complete the action. propriate relief, including—

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2007 CONGRESSIONAL RECORD — SENATE S4529 ‘‘(1) punitive damages; and ant to this section for any intelligence as- SEC. 304. IMPROVEMENT OF NOTIFICATION OF ‘‘(2) a reasonable attorney’s fee as part of sessment, report, estimate, legal justifica- CONGRESS REGARDING INTEL- the costs. tion, or other intelligence information from LIGENCE ACTIVITIES OF THE UNITED STATES GOVERNMENT. ‘‘(f) DEFINITIONS.—In this section— the Select Committee on Intelligence of the (a) CLARIFICATION OF DEFINITION OF CON- ‘‘(1) the term ‘American’ means any citizen Senate or the Permanent Select Committee GRESSIONAL INTELLIGENCE COMMITTEES TO IN- or national of the United States, or any on Intelligence of the House of Representa- CLUDE ALL MEMBERS OF COMMITTEES.—Sec- other person employed by or working under tives, make available to such committee tion 3(7) of the National Security Act of 1947 the direction of the United States Govern- such assessment, report, estimate, legal jus- (50 U.S.C. 401a(7)) is amended— ment; tification, or other information, as the case (1) in subparagraph (A), by inserting ‘‘, and ‘‘(2) the term ‘indict’ includes— may be. ‘‘(A) the formal submission of an order or includes each member of the Select Com- ‘‘(2) A committee making a request under mittee’’ before the semicolon; and request for the prosecution or arrest of a per- paragraph (1) may specify a greater number son; and (2) in subparagraph (B), by inserting ‘‘, and of days for submittal to such committee of includes each member of the Permanent Se- ‘‘(B) the issuance of a warrant or other information in response to such request than order for the arrest of a person, lect Committee’’ before the period. is otherwise provided under that paragraph. (b) NOTICE ON INFORMATION NOT DIS- by an official of the International Criminal ‘‘(b) REQUESTS OF CERTAIN MEMBERS.—(1) CLOSED.— Court, another international organization, The Director of National Intelligence, the (1) IN GENERAL.—Section 502 of such Act (50 or a foreign government; Director of the National Counterterrorism U.S.C. 413a) is amended— ‘‘(3) the term ‘International Criminal Center, the Director of a national intel- (A) by redesignating subsections (b) and (c) Court’ means the court established by the ligence center, or the head of any other de- as subsections (c) and (d), respectively; and Rome Statute of the International Criminal partment, agency, or element of the Federal (B) by inserting after subsection (a) the Court adopted by the United Nations Diplo- Government, or other organization within following new subsection (b): matic Conference of Plenipotentiaries on the the Executive branch, that is an element of ‘‘(b) NOTICE ON INFORMATION NOT DIS- Establishment of and International Criminal the intelligence community shall respond, in CLOSED.—(1) If the Director of National Intel- Court on July 17, 1998; and the time specified in subsection (a), to a re- ligence or the head of a department, agency, ‘‘(4) the term ‘war crime’ means any of- quest described in that subsection from the or other entity of the United States Govern- fense that is within the jurisdiction of the Chairman or Vice Chairman of the Select ment does not provide information required International Criminal Court at the time the Committee on Intelligence of the Senate or by subsection (a) in full or to all the mem- offense is committed.’’. the Chairman or Ranking Member of the bers of the congressional intelligence com- (c) CLERICAL AMENDMENT.—The table of Permanent Select Committee on Intelligence mittees, and requests that such information sections in chapter 118 of title 18, United of the House of Representatives. not be so provided, the Director shall, in a States Code, is amended by adding at the end timely fashion, notify such committees of the following: ‘‘(2) Upon making a request covered by paragraph (1)— the determination not to provide such infor- ‘‘2442. International criminal court.’’. ‘‘(A) the Chairman or Vice Chairman, as mation in full or to all members of such the case may be, of the Select Committee on committees. Such notice shall be submitted SA 856. Mr. BOND submitted an in writing in a classified form, include a amendment intended to be proposed by Intelligence of the Senate shall notify the other of the Chairman or Vice Chairman of statement of the reasons for such determina- him to the bill S. 372, to authorize ap- such request; and tion and a description that provides the propriations for fiscal year 2007 for the ‘‘(B) the Chairman or Ranking Member, as main features of the intelligence activities intelligence and intelligence-related the case may be, of the Permanent Select covered by such determination, and contain activities of the United States Govern- Committee on Intelligence of the House of no restriction on access to this notice by all Representatives shall notify the other of the members of the committee. ment, the Intelligence Community ‘‘(2) Nothing in this subsection shall be Chairman or Ranking Member of such re- Management Account, and the Central construed as authorizing less than full and quest. Intelligence Agency Retirement and current disclosure to all the members of the Disability System, and for other pur- ‘‘(c) RESPONSE TO REQUEST.—In the event Select Committee on Intelligence of the Sen- poses; which was ordered to lie on the that a response to a request covered by sub- ate and the Permanent Select Committee on table; as follows: section (a) or (b) is not provided within the Intelligence of the House of Representatives specified time period, the Director of Na- of any information necessary to keep all the Beginning on page 11, strike line 18 and all tional Intelligence, the Director of the Na- that follows through page 12, line 20. members of such committees fully and cur- tional Counterterrorism Center, the Director rently informed on all intelligence activities of a national intelligence center, or the head covered by this section.’’. SA 857. Mr. BOND submitted an of any other department, agency, or element amendment intended to be proposed by (2) CONFORMING AMENDMENT.—Subsection of the Federal Government or other organi- (d) of such section, as redesignated by para- him to the bill S. 372, to authorize ap- zation within the Executive branch that is graph (1)(A) of this subsection, is amended propriations for fiscal year 2007 for the an element of the intelligence community by striking ‘‘subsection (b)’’ and inserting intelligence and intelligence-related shall submit a written explanation as to why ‘‘subsections (b) and (c)’’. activities of the United States Govern- the document or information covered by (c) REPORTS AND NOTICE ON COVERT AC- ment, the Intelligence Community such request could not be provided in the TIONS.— Management Account, and the Central specified time period and shall provide a rea- (1) FORM AND CONTENT OF CERTAIN RE- sonable date certain for when such document PORTS.—Subsection (b) of section 503 of such Intelligence Agency Retirement and or information will be provided.’’. Disability System, and for other pur- Act (50 U.S.C. 413b) is amended— (b) CLERICAL AMENDMENT.—The table of (A) by redesignating paragraphs (1) and (2) poses; which was ordered to lie on the contents in the first section of that Act is as subparagraphs (A) and (B), respectively; table; as follows: amended by inserting after the item relating (B) by inserting ‘‘(1)’’ after ‘‘(b)’’; and Strike section 108 and insert the following: to section 507 the following new item: (C) by adding at the end the following new SEC. 108. RESPONSE OF INTELLIGENCE COMMU- paragraph: NITY TO REQUESTS FROM CON- ‘‘Sec. 508. Response of intelligence commu- ‘‘(2) Any report relating to a covert action GRESS FOR INTELLIGENCE DOCU- nity to requests from Congress that is submitted to the congressional intel- MENTS AND INFORMATION. for intelligence documents and ligence committees for the purposes of para- (a) IN GENERAL.—Title V of the National information.’’. graph (1) shall be in writing, and shall con- Security Act of 1947 (50 U.S.C. 413 et seq.) is tain the following: amended by adding at the end the following SA 858. Mr. BOND submitted an ‘‘(A) A concise statement of any facts per- new section: amendment intended to be proposed by tinent to such report. ‘‘RESPONSE OF INTELLIGENCE COMMUNITY TO him to the bill S. 372, to authorize ap- ‘‘(B) An explanation of the significance of REQUESTS FROM CONGRESS FOR INTELLIGENCE propriations for fiscal year 2007 for the the covert action covered by such report.’’. DOCUMENTS AND INFORMATION (2) NOTICE ON INFORMATION NOT DIS- ‘‘SEC. 508. (a) REQUESTS OF COMMITTEES.— intelligence and intelligence-related CLOSED.—Subsection (c) of such section is (1) The Director of National Intelligence, the activities of the United States Govern- amended by adding at the end the following Director of the National Counterterrorism ment, the Intelligence Community new paragraph: Center, the Director of a national intel- Management Account, and the Central ‘‘(5) If the Director of National Intelligence ligence center, or the head of any other de- Intelligence Agency Retirement and or the head of a department, agency, or partment, agency, or element of the Federal Disability System, and for other pur- other entity of the United States Govern- Government, or other organization within poses; which was ordered to lie on the ment does not provide information required the Executive branch, that is an element of table; as follows: by subsection (b) in full or to all the mem- the intelligence community shall, not later bers of the congressional intelligence com- than 30 days after receiving a request pursu- Strike section 304 and insert the following: mittees, and requests that such information

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4530 CONGRESSIONAL RECORD — SENATE April 16, 2007 not be so provided, the Director shall, in a him to the bill S. 372, to authorize ap- access to all national intelligence informa- timely fashion, notify such committees of propriations for fiscal year 2007 for the tion (as appropriate), and such other infor- the determination not to provide such infor- intelligence and intelligence-related mation (as appropriate and practical), nec- mation in full or to all members of such activities of the United States Govern- essary for the Office to carry out the mis- committees. Such notice shall be submitted sions of the Office under subsection (c). in writing in a classified form, include a ment, the Intelligence Community ‘‘(e) SEPARATE BUDGET ACCOUNT.—The Di- statement of the reasons for such determina- Management Account, and the Central rector of National Intelligence shall include tion and a description that provides the Intelligence Agency Retirement and in the National Intelligence Program budget main features of the covert action covered Disability System, and for other pur- a separate line item for the National Space by such determination, and contain no re- poses; which was ordered to lie on the Intelligence Office.’’. striction on access to this notice by all mem- table; as follows: (2) CLERICAL AMENDMENT.—The table of contents for that Act is amended by insert- bers of the committee.’’. Beginning on page 109, strike line 24 and ODIFICATION OF NATURE OF CHANGE OF ing after the item relating to section 119B (3) M all that follows through page 110, line 6, and COVERT ACTION TRIGGERING NOTICE REQUIRE- the following new item: insert the following: MENTS.—Subsection (d) of such section is ‘‘(2)(A) As directed by the Director of Na- ‘‘Sec. 119C. National Space Intelligence Of- amended by striking ‘‘significant’’ the first tional Intelligence, the National Geospatial- fice.’’. place it appears. Intelligence Agency shall also develop a sys- (b) REPORT ON ORGANIZATION OF OFFICE.— tem to facilitate the analysis, dissemination, (1) REPORT REQUIRED.—Not later than 180 SA 859. Mr. BOND submitted an and incorporation of likenesses, videos, or days after the date of the enactment of this amendment intended to be proposed by presentations produced by ground-based Act, the Director of the National Space In- him to the bill S. 372, to authorize ap- platforms, including handheld or clandestine telligence Office shall submit to the Select propriations for fiscal year 2007 for the photography taken by or on behalf of human Committee on Intelligence of the Senate and intelligence and intelligence-related intelligence collection organizations or the Permanent Select Committee on Intel- activities of the United States Govern- available as open source information into ligence of the House of Representatives a re- ment, the Intelligence Community the National System for Geospatial-Intel- port on the organizational structure of the ligence. National Space Intelligence Office estab- Management Account, and the Central lished by section 119C of the National Secu- Intelligence Agency Retirement and SA 862. Mr. BOND (for himself and rity Act of 1947 (as added by subsection (a)). Disability System, and for other pur- Mr. ROCKEFELLER) submitted an (2) ELEMENTS.—The report required by poses; which was ordered to lie on the amendment intended to be proposed by paragraph (1) shall include the following: table; as follows: him to the bill S. 372, to authorize ap- (A) The proposed organizational structure Strike section 310. of the National Space Intelligence Office. propriations for fiscal year 2007 for the (B) An identification of key participants in intelligence and intelligence-related SA 860. Mr. BOND submitted an the Office. activities of the United States Govern- amendment intended to be proposed by (C) A strategic plan for the Office during ment, the Intelligence Community him to the bill S. 372, to authorize ap- the five-year period beginning on the date of Management Account, and the Central the report. propriations for fiscal year 2007 for the Intelligence Agency Retirement and intelligence and intelligence-related Disability System, and for other pur- SA 863. Mr. BOND (for himself and activities of the United States Govern- poses; which was ordered to lie on the Mr. ROCKEFELLER) submitted an ment, the Intelligence Community table; as follows: amendment intended to be proposed by Management Account, and the Central him to the bill S. 372, to authorize ap- Strike section 410 and insert the following: Intelligence Agency Retirement and propriations for fiscal year 2007 for the SEC. 410. NATIONAL SPACE INTELLIGENCE OF- Disability System, and for other pur- FICE. intelligence and intelligence-related poses; which was ordered to lie on the (a) ESTABLISHMENT.— activities of the United States Govern- table; as follows: (1) IN GENERAL.—Title I of the National Se- ment, the Intelligence Community Beginning on page 42, strike line 5 and all curity Act of 1947 (50 U.S.C. 401 et seq.) is Management Account, and the Central that follows through page 43, line 14, and in- amended by adding after section 119B the fol- Intelligence Agency Retirement and sert the following: lowing new section: Disability System, and for other pur- (1) REPORT REQUIRED.—Not later than 60 ‘‘NATIONAL SPACE INTELLIGENCE OFFICE poses; which was ordered to lie on the days after the date of the enactment of this ‘‘SEC. 119C. (a) ESTABLISHMENT.—There is Act, the Director of National Intelligence table; as follows: established within the Office of the Director Strike section 421 and insert the following: shall provide to the members of the Select of National Intelligence a National Space In- Committee on Intelligence of the Senate and SEC. 421. DIRECTOR AND DEPUTY DIRECTOR OF telligence Office. THE CENTRAL INTELLIGENCE AGEN- the Permanent Select Committee on Intel- ‘‘(b) DIRECTOR OF NATIONAL SPACE INTEL- ligence of the House of Representatives a re- CY. LIGENCE OFFICE.—The National Intelligence (a) ESTABLISHMENT OF POSITION OF DEPUTY port on any clandestine prison or detention Officer for Science and Technology, or a suc- DIRECTOR OF CENTRAL INTELLIGENCE AGEN- facility currently or formerly operated by cessor position designated by the Director of CY.—Subsection (a) of section 104A of the Na- the United States Government for individ- National Intelligence, shall act as the Direc- tional Security Act of 1947 (50 U.S.C. 403–4a) uals captured in the global war on terrorism. tor of the National Space Intelligence Office. is amended— (2) ELEMENTS.—The report required by ‘‘(c) MISSIONS.—The National Space Intel- (1) by redesignating subsections (b), (c), paragraph (1) shall include the following: ligence Office shall have the following mis- (d), (e), (f), and (g) as subsections (d), (e), (f), (A) The date each prison or facility became sions: (g), (h), and (i) respectively; and operational, and if applicable, the date on ‘‘(1) To coordinate and provide policy di- (2) by inserting after subsection (a) the fol- which each prison or facility ceased its oper- rection for the management of space-related lowing new subsections (b) and (c): ations. intelligence assets. ‘‘(b) DEPUTY DIRECTOR OF CENTRAL INTEL- (B) The total number of prisoners or de- ‘‘(2) To prioritize collection activities con- LIGENCE AGENCY.—(1) There is a Deputy Di- tainees held at each prison or facility during sistent with the National Intelligence Col- rector of the Central Intelligence Agency its operation. lection Priorities framework, or a successor who shall be appointed by the President, by (C) The current number of prisoners or de- framework or other document designated by and with the advice and consent of the Sen- tainees held at each operational prison or fa- the Director of National Intelligence. ate. cility. ‘‘(3) To provide policy direction for pro- ‘‘(2) The Deputy Director of the Central In- (D) The total and average annual costs of grams designed to ensure a sufficient cadre telligence Agency shall assist the Director of each prison or facility during its operation. of government and nongovernment personnel the Central Intelligence Agency in carrying (E) A description of the interrogation pro- in fields relating to space intelligence, in- out the duties and responsibilities of the Di- cedures used or formerly used on detainees cluding programs to support education, re- rector. at each prison or facility, including whether cruitment, hiring, training, and retention of ‘‘(3) The Deputy Director of the Central In- a determination has been made that such qualified personnel. telligence Agency shall act for, and exercise procedures are or were in compliance with ‘‘(4) To evaluate independent analytic as- the powers of, the Director of the Central In- the United States obligations under the Ge- sessments of threats to classified United telligence Agency during the absence or dis- neva Conventions and the Convention States space intelligence systems through- ability of the Director of the Central Intel- Against Torture. out all phases of the development, acquisi- ligence Agency or during a vacancy in the tion, and operation of such systems. position of Director of the Central Intel- SA 861. Mr. BOND (for himself and ‘‘(d) ACCESS TO INFORMATION.—The Direc- ligence Agency. Mr. ROCKEFELLER) submitted an tor of National Intelligence shall ensure that ‘‘(c) MILITARY STATUS OF DIRECTOR OF THE amendment intended to be proposed by the National Space Intelligence Office has CENTRAL INTELLIGENCE AGENCY AND DEPUTY

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Forces who is serving as the Director or Dep- Intelligence Agency Retirement and (b) PENALTY.—Any person who violates uty Director of the Central Intelligence Disability System, and for other pur- subsection (a) shall be fined under title 18, Agency or is engaged in administrative per- poses; which was ordered to lie on the United States Code, imprisoned not more formance of the duties of Director or Deputy table; as follows: than 10 years, or both. Director of the Central Intelligence Agency Section 308 of the bill is amended to read (c) INFORMATION TO CONGRESS.—Nothing in shall not, while continuing in such service, as follows: this section shall prohibit the furnishing, or in the administrative performance of such upon lawful demand, of information to any SEC. 308. INCREASE IN PENALTIES FOR DISCLO- regularly constituted committee of the Sen- duties— SURE OF UNDERCOVER INTEL- ‘‘(A) be subject to supervision or control by LIGENCE OFFICERS AND AGENTS. ate or House of Representatives, or joint the Secretary of Defense or by any officer or (a) DISCLOSURE OF AGENT AFTER ACCESS TO committee thereof. (d) DEFINITIONS.—As used in this section— employee of the Department of Defense; or INFORMATION IDENTIFYING AGENT.—Sub- ‘‘(B) exercise, by reason of the officer’s sta- section (a) of section 601 of the National Se- (1) the term ‘‘classified information’’ tus as a commissioned officer, any super- curity Act of 1947 (50 U.S.C. 421) is amended means information which, at the time of a vision or control with respect to any of the by striking ‘‘or imprisoned’’ and all that fol- violation of this section, is determined to be military or civilian personnel of the Depart- lows and inserting the following: ‘‘and im- Confidential, Secret, or Top Secret pursuant ment of Defense except as otherwise author- prisoned for not less than 3 years nor more to Executive Order 12958, or any successor ized by law. than 20 years.’’. thereto; and ‘‘(3) Except as provided in subparagraph (b) DISCLOSURE OF AGENT AFTER ACCESS TO (2) the term ‘‘unauthorized person’’ means (A) or (B) of paragraph (2), the service, or the CLASSIFIED INFORMATION.—Subsection (b) of any person who does not have authority or administrative performance of duties, de- such section is amended by striking ‘‘or im- permission to have access to the classified scribed in that paragraph by an officer de- prisoned’’ and all that follows and inserting information under the provisions of a stat- scribed in that paragraph shall not affect the the following: ‘‘and imprisoned for not less ute, Executive Order, regulation, or directive status, position, rank, or grade of such offi- than 2 years nor more than 15 years.’’. of the head of any department or agency who cer in the Armed Forces, or any emolument, is empowered to classify information. perquisite, right, privilege, or benefit inci- SA 865. Mr. KYL submitted an Mr. KYL submitted an dent to or arising out of such status, posi- amendment intended to be proposed by SA 867. amendment intended to be proposed by tion, rank, or grade. him to the bill S. 372, to authorize ap- ‘‘(4) A commissioned officer described in him to the bill S. 372, to authorize ap- propriations for fiscal year 2007 for the paragraph (2), while serving, or continuing in propriations for fiscal year 2007 for the intelligence and intelligence-related the administrative performance of duties, as intelligence and intelligence-related activities of the United States Govern- described in that paragraph and while re- activities of the United States Govern- maining on active duty, shall continue to re- ment, the Intelligence Community ment, the Intelligence Community ceive military pay and allowances. Funds Management Account, and the Central Management Account, and the Central from which such pay and allowances are paid Intelligence Agency Retirement and Intelligence Agency Retirement and shall be reimbursed from funds available to Disability System, and for other pur- Disability System, and for other pur- the Director of the Central Intelligence poses; which was ordered to lie on the Agency.’’. poses; which was ordered to lie on the table; as follows: (b) CONFORMING AMENDMENT.—Paragraph table; as follows: On page 40, between lines 7 and 8, insert (2) of subsection (e) of such section, as redes- At the end, add the following: ignated by subsection (a)(1) of this section, is the following: further amended by striking ‘‘subsection (d)’’ (3) The information described in para- SEC. lll. IMPROVEMENTS TO THE CLASSIFIED INFORMATION PROCEDURES ACT. and inserting ‘‘subsection (f)’’. graphs (1) and (2) may be included in such re- (a) SHORT TITLE.—This section may be (c) EXECUTIVE SCHEDULE LEVEL III.—Sec- port only if the Director of National Intel- cited as the ‘‘Classified Information Proce- tion 5314 of title 5, United States Code, is ligence determines that publication of such dures Reform Act of 2007’’. amended by adding at the end the following information would not endanger national se- (b) INTERLOCUTORY APPEALS UNDER THE new item: curity. CLASSIFIED INFORMATION PROCEDURES ACT.— ‘‘Deputy Director of the Central Intel- Section 7(a) of the Classified Information ligence Agency.’’. SA 866. Mr. KYL submitted an amendment intended to be proposed by Procedures Act (18 U.S.C. App.) is amended (d) ROLE OF DNI IN APPOINTMENT.—Section by adding at the end ‘‘The Government’s 106(b)(2) of the National Security Act of 1947 him to the bill S. 372, to authorize ap- right to appeal under this section applies (50 U.S.C. 403–6(b)(2)) is amended by adding propriations for fiscal year 2007 for the without regard to whether the order ap- at the end the fallowing new subparagraph: intelligence and intelligence-related pealed from was entered under this Act.’’. ‘‘(J) The Deputy Director of the Central In- activities of the United States Govern- (c) EX PARTE AUTHORIZATIONS UNDER THE telligence Agency.’’. ment, the Intelligence Community CLASSIFIED INFORMATION PROCEDURES ACT.— (e) EFFECTIVE DATE AND APPLICABILITY.— Section 4 of the Classified Information Pro- The amendments made by this section shall Management Account, and the Central Intelligence Agency Retirement and cedures Act (18 U.S.C. App.) is amended— take effect on the date of the enactment of (1) in the second sentence— this Act and shall apply upon the earlier of— Disability System, and for other pur- (A) by striking ‘‘may’’ and inserting (1) the date of the nomination by the Presi- poses; which was ordered to lie on the ‘‘shall’’; and dent of an individual to serve as Deputy Di- table; as follows: (B) by striking ‘‘written statement to be rector of the Central Intelligence Agency, At the end, add the following: inspected’’ and inserting ‘‘statement to be except that the individual administratively SEC. lll. UNLAWFUL DISCLOSURE OF CLASSI- made ex parte and to be considered’’; and performing the duties of the Deputy Director FIED REPORTS BY ENTRUSTED PER- (2) in the third sentence— of the Central Intelligence Agency as of the SONS. (A) by striking ‘‘If the court enters an date of the enactment of this Act may con- (a) IN GENERAL.—It shall be unlawful for order granting relief following such an ex tinue to perform such duties after such date any person who is an employee or member of parte showing, the’’ and inserting ‘‘The’’; of nomination and until the individual ap- the Senate or House of Representatives, or and pointed to the position of Deputy Director of who is entrusted with or has lawful posses- (B) by inserting ‘‘and any summary of the the Central Intelligence Agency, by and with sion of, access to, or control over any classi- classified information the defendant seeks to the advice and consent of the Senate, as- fied information contained in a report sub- obtain’’ after ‘‘text of the statement of the sumes the duties of such position; or mitted to Congress under this Act, the USA United States’’. (2) the date of the cessation of the perform- PATRIOT Improvement and Reauthorization (d) APPLICATION OF CLASSIFIED INFORMA- ance of the duties of Deputy Director of the Act of 2005 (Public Law 109–177; 120 Stat. 192), TION PROCEDURES ACT TO NONDOCUMENTARY Central Intelligence Agency by the indi- the Intelligence Reform and Terrorism Pre- INFORMATION.—Section 4 of the Classified In- vidual administratively performing such du- vention Act of 2004 (Public Law 108–458; 118 formation Procedures Act (18 U.S.C. App.) is ties as of the date of the enactment of this Stat. 3638), or an amendment made by any amended— Act. such Act to— (1) in the section heading, by inserting ‘‘, (1) knowingly and willfully communicate, AND ACCESS TO,’’ after ‘‘OF’’; SA 864. Mr. KYL submitted an furnish, transmit, or otherwise makes avail- (2) by inserting ‘‘(a) DISCOVERY OF CLASSI- amendment intended to be proposed by able such information to an unauthorized FIED INFORMATION FROM DOCUMENTS.—’’ be- him to the bill S. 372, to authorize ap- person; fore the first sentence; and

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(3) by adding at the end the following: ‘‘(1) The term ‘facility of interstate or for- (A) TABLE OF SECTIONS.—The table of sec- ‘‘(b) ACCESS TO OTHER CLASSIFIED INFORMA- eign commerce’ has the same meaning as in tions for chapter 113B of title 18, United TION.— section 1958(b)(2). States Code, is amended by adding at the end ‘‘(1) If the defendant seeks access through ‘‘(2) The term ‘international terrorism’ has the following: deposition under the Federal Rules of Crimi- the same meaning as in section 2331. ‘‘2339D. Receiving military-type training nal Procedure or otherwise to nondocumen- ‘‘(3) The term ‘material support or re- from a foreign terrorist organi- tary information from a potential witness or sources’ has the same meaning as in section zation. other person which he knows or reasonably 2339A(b). ‘‘2339E. Providing material support to inter- believes is classified, he shall notify the at- ‘‘(4) The term ‘perpetrator of an act’ in- national terrorism.’’. torney for the United States and the district cludes any person who— (B) OTHER AMENDMENT.—Section court in writing. Such notice shall specify ‘‘(A) commits the act; 2332b(g)(5)(B)(i) of title 18, United States with particularity the classified information ‘‘(B) aids, abets, counsels, commands, in- Code, is amended by inserting ‘‘2339E (relat- sought by the defendant and the legal basis duces, or procures its commission; or ing to providing material support to inter- for such access. At a time set by the court, ‘‘(C) attempts, plots, or conspires to com- national terrorism),’’ before ‘‘or 2340A (relat- the United States may oppose access to the mit the act. ing to torture)’’. classified information. ‘‘(5) The term ‘serious bodily injury’ has (b) INCREASED PENALTIES FOR PROVIDING ‘‘(2) If, after consideration of any objection the same meaning as in section 1365. MATERIAL SUPPORT TO TERRORISTS.— raised by the United States, including any ‘‘(b) PROHIBITION.—Whoever, in a cir- (1) PROVIDING MATERIAL SUPPORT TO DES- objection asserted on the basis of privilege, cumstance described in subsection (c), pro- IGNATED FOREIGN TERRORIST ORGANIZA- the court determines that the defendant is vides, or attempts or conspires to provide, TIONS.—Section 2339B(a) of title 18, United legally entitled to have access to the infor- material support or resources to the perpe- States Code, is amended by striking ‘‘15 mation specified in the notice required by trator of an act of international terrorism, years’’ and inserting ‘‘25 years’’. paragraph (1), the United States may request or to a family member or other person asso- (2) PROVIDING MATERIAL SUPPORT OR RE- the substitution of a summary of the classi- ciated with such perpetrator, with the intent SOURCES IN AID OF A TERRORIST CRIME.—Sec- fied information or the substitution of a to facilitate, reward, or encourage that act tion 2339A(a) of title 18, United States Code, statement admitting relevant facts that the or other acts of international terrorism, is amended by striking ‘‘15 years’’ and in- classified information would tend to prove. shall be fined under this title, imprisoned serting ‘‘40 years’’. ‘‘(3) The court shall permit the United not more than 25 years, or both, and, if death (3) RECEIVING MILITARY-TYPE TRAINING States to make its objection to access or its results, shall be imprisoned for any term of FROM A FOREIGN TERRORIST ORGANIZATION.— request for such substitution in the form of years or for life. Section 2339D(a) of title 18, United States a statement to be made ex parte and to be ‘‘(c) JURISDICTIONAL BASES.—A cir- Code, is amended by striking ‘‘ten years’’ considered by the court alone. The entire cumstance referred to in subsection (b) is and inserting ‘‘15 years’’. text of the statement of the United States, that— (4) ADDITION OF ATTEMPTS AND CONSPIR- as well as any summary of the classified in- ‘‘(1) the offense occurs in or affects inter- ACIES TO AN OFFENSE RELATING TO MILITARY formation the defendant seeks to obtain, state or foreign commerce; TRAINING.—Section 2339D(a) of title 18, shall be sealed and preserved in the records ‘‘(2) the offense involves the use of the United States Code, is amended by inserting of the court and made available to the appel- mails or a facility of interstate or foreign ‘‘, or attempts or conspires to receive,’’ after late court in the event of an appeal. commerce; ‘‘receives’’. ‘‘(4) The court shall grant the request of ‘‘(3) an offender intends to facilitate, re- the United States to substitute a summary ward, or encourage an act of international SA 869. Mr. KYL submitted an of the classified information or to substitute terrorism that affects interstate or foreign amendment intended to be proposed by a statement admitting relevant facts that commerce or would have affected interstate him to the bill S. 372, to authorize ap- the classified information would tend to or foreign commerce had it been con- propriations for fiscal year 2007 for the prove if it finds that the summary or state- summated; intelligence and intelligence-related ment will provide the defendant with sub- ‘‘(4) an offender intends to facilitate, re- activities of the United States Govern- stantially the same ability to make his de- ward, or encourage an act of international ment, the Intelligence Community fense as would disclosure of the specific clas- terrorism that violates the criminal laws of Management Account, and the Central sified information. the United States; ‘‘(5) A defendant may not obtain access to ‘‘(5) an offender intends to facilitate, re- Intelligence Agency Retirement and classified information subject to this sub- ward, or encourage an act of international Disability System, and for other pur- section except as provided in this subsection. terrorism that is designed to influence the poses; which was ordered to lie on the Any proceeding, whether by deposition under policy or affect the conduct of the United table; as follows: the Federal Rules of Criminal Procedure or States Government; At the end, add the following: otherwise, in which a defendant seeks to ob- ‘‘(6) an offender intends to facilitate, re- SEC. ll. TERRORIST MURDERS, KIDNAPPINGS, tain access to such classified information ward, or encourage an act of international AND ASSAULTS. not previously authorized by a court for dis- terrorism that occurs in part within the (a) PENALTIES FOR TERRORIST MAN- closure under this subsection must be dis- United States and is designed to influence SLAUGHTER AND ATTEMPTS OR CONSPIRACIES continued or may proceed only as to lines of the policy or affect the conduct of a foreign TO COMMIT TERRORIST MURDER.—Section 2332 inquiry not involving such classified infor- government; of title 18, United States Code, is amended— mation.’’. ‘‘(7) an offender intends to facilitate, re- (1) in subsection (a)— ward, or encourage an act of international (A) in paragraph (1), by striking ‘‘, pun- SA 868. Mr. KYL submitted an terrorism that causes or is designed to cause ished by death’’ and all that follows and in- amendment intended to be proposed by death or serious bodily injury to a national serting ‘‘and punished by death or impris- him to the bill S. 372, to authorize ap- of the United States while that national is oned for life;’’; and outside the United States, or substantial (B) in paragraph (2), by striking ‘‘or im- propriations for fiscal year 2007 for the damage to the property of a legal entity or- intelligence and intelligence-related prisoned’’ and all that follows and inserting ganized under the laws of the United States ‘‘and imprisoned for not less than 10 years activities of the United States Govern- (including any of its States, districts, com- nor more than 30 years; and’’; and ment, the Intelligence Community monwealths, territories, or possessions) (2) in subsection (b)— Management Account, and the Central while that property is outside of the United (A) in paragraph (1), by striking ‘‘or im- Intelligence Agency Retirement and States; prisoned’’ and all that follows and inserting Disability System, and for other pur- ‘‘(8) the offense occurs in whole or in part ‘‘and imprisoned for life; and’’; and poses; which was ordered to lie on the within the United States, and an offender in- (B) in paragraph (2), by striking ‘‘or im- tends to facilitate, reward or encourage an table; as follows: prisoned’’ and all that follows and inserting act of international terrorism that is de- ‘‘and imprisoned for life.’’. At the end, add the following: signed to influence the policy or affect the (b) ADDITION OF OFFENSE OF TERRORIST SEC. lll. PREVENTION AND DETERRENCE OF conduct of a foreign government; or KIDNAPPING.—Section 2332 of title 18, United TERRORIST SUICIDE BOMBINGS. ‘‘(9) the offense occurs in whole or in part States Code, is amended— (a) OFFENSE OF REWARDING OR FACILI- outside of the United States, and an offender (1) by redesignating subsections (c) and (d) TATING INTERNATIONAL TERRORIST ACTS.— is a national of the United States, a stateless as subsections (d) and (e), respectively; and (1) IN GENERAL.—Chapter 113B of title 18, person whose habitual residence is in the (2) by inserting after subsection (b) the fol- United States Code, is amended by adding at United States, or a legal entity organized lowing: the end the following: under the laws of the United States (includ- ‘‘(c) KIDNAPPING.—Whoever outside the ing any of its States, districts, common- United States unlawfully seizes, confines, in- ‘‘§ 2339E. Providing material support to inter- wealths, territories, or possessions).’’. veigles, decoys, kidnaps, abducts, or carries national terrorism (2) TECHNICAL AND CONFORMING AMEND- away, or attempts or conspires to seize, con- ‘‘(a) DEFINITIONS.—In this section: MENTS.— fine, inveigle, decoy, kidnap, abduct or carry

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away, a national of the United States shall and the likely effect that carrying out such (d) ATTORNEY FEES AND COSTS.—If a person be fined under this title and imprisoned for options may have on the policies and econo- is named as a defendant in a civil lawsuit for life.’’. mies of each state sponsor of terrorism. making voluntary disclosures of any sus- (c) ADDITION OF SEXUAL ASSAULT TO DEFI- (c) STATE SPONSOR OF TERRORISM DE- picious transaction or taking actions to NITION OF OFFENSE OF TERRORIST ASSAULT.— FINED.—In this section, the term ‘‘state spon- mitigate a suspicious matter described in Section 2332(d) of title 18, United States sor of terrorism’’ means any country the subsection (b), and the person is found to be Code, as redesignated by subsection (b) of government of which has been determined by immune from civil liability under this sec- this section, is amended— the Secretary of State to have repeatedly tion, the person shall be entitled to recover (1) in paragraph (1), by inserting ‘‘(as de- provided support for acts of international from the plaintiff all reasonable costs and fined in section 1365, including any conduct terrorism pursuant to— attorney’s fees as allowed by the court. that, if the conduct occurred in the special (1) section 6(j)(1)(A) of the Export Adminis- (e) RETROACTIVE APPLICATION.—This sec- maritime and territorial jurisdiction of the tration Act of 1979 (50 U.S.C. App. tion shall apply to activities and claims oc- United States, would violate section 2241 or 2405(j)(1)(A)) (or successor statute); curring on or after November 20, 2006. 2242)’’ after ‘‘injury’’; (2) section 40(d) of the Arms Export Con- (2) in paragraph (2), by inserting ‘‘(as de- trol Act (22 U.S.C. 2780(d)); or SA 872. Mr. BOND (for himself and fined in section 1365, including any conduct (3) section 620A(a) of the Foreign Assist- Mr. ROCKEFELLER) submitted an that, if the conduct occurred in the special ance Act of 1961 (22 U.S.C. 2371(a)). amendment intended to be proposed by maritime and territorial jurisdiction of the (d) COORDINATION.—In preparing the Na- him to the bill S. 372, to authorize ap- United States, would violate section 2241 or tional Intelligence Estimate required by sub- propriations for fiscal year 2007 for the 2242)’’ after ‘‘injury’’; and section (a), the Director of National Intel- (3) in the matter following paragraph (2), ligence shall coordinate with the Secretary intelligence and intelligence-related by striking ‘‘or imprisoned’’ and all that fol- of State, the Secretary of the Treasury, the activities of the United States Govern- lows and inserting ‘‘and imprisoned for not Secretary of Commerce, the Chairman of the ment, the Intelligence Community less than 10 years nor more than 30 years.’’. Securities and Exchange Commission, and Management Account, and the Central other appropriate governmental or non- Intelligence Agency Retirement and SA 870. Mr. KYL submitted an governmental entities. Disability System, and for other pur- amendment intended to be proposed by (e) FORM.—The National Intelligence Esti- poses; which was ordered to lie on the him to the bill S. 372, to authorize ap- mate required by subsection (a) shall be sub- table; as follows: mitted in unclassified form, to the extent propriations for fiscal year 2007 for the On page 41, line 1, strike ‘‘legal opinions’’ intelligence and intelligence-related consistent with the protection of intel- ligence sources and methods, and include un- and insert ‘‘legal justifications’’. activities of the United States Govern- classified key judgments of the National In- ment, the Intelligence Community telligence Estimate. Such National Intel- SA 873. Mr. CHAMBLISS (for himself Management Account, and the Central ligence Estimate may include a classified and Mr. KYL) submitted an amendment Intelligence Agency Retirement and annex. intended to be proposed by him to the Disability System, and for other pur- bill S. 372, to authorize appropriations poses; which was ordered to lie on the SA 871. Mr. KYL submitted an for fiscal year 2007 for the intelligence table; as follows: amendment intended to be proposed by and intelligence-related activities of At the end of title III, add the following: him to the bill S. 372, to authorize ap- the United States Government, the In- SEC. ll. NATIONAL INTELLIGENCE ESTIMATE propriations for fiscal year 2007 for the telligence Community Management ON PERSONS DEALING WITH STATE intelligence and intelligence-related Account, and the Central Intelligence SPONSORS OF TERRORISM. activities of the United States Govern- Agency Retirement and Disability Sys- (a) REQUIREMENT FOR NATIONAL INTEL- ment, the Intelligence Community tem, and for other purposes; which was LIGENCE ESTIMATE.— Management Account, and the Central (1) IN GENERAL.—Except as provided in ordered to lie on the table; as follows: paragraph (2), not later than 270 days after Intelligence Agency Retirement and Strike section 304. the date of enactment of this Act, the Direc- Disability System, and for other pur- tor of National Intelligence shall submit to poses; which was ordered to lie on the SA 874. Mr. CHAMBLISS (for himself Congress a National Intelligence Estimate table; as follows: and Mr. KYL) submitted an amendment on business activities carried out with a At the end, add the following: intended to be proposed by him to the state sponsors of terrorism. SEC. ll. IMMUNITY FOR REPORTING SUS- bill S. 372, to authorize appropriations (2) NOTICE REGARDING SUBMITTAL.—If the PICIOUS ACTIVITIES AND MITI- for fiscal year 2007 for the intelligence Director of National Intelligence determines GATING TERRORIST THREATS RE- and intelligence-related activities of that the National Intelligence Estimate re- LATING TO TRANSPORTATION SECU- quired by paragraph (1) may not be sub- RITY. the United States Government, the In- mitted within 270 days after the date of the (a) IMMUNITY FOR REPORTING SUSPICIOUS telligence Community Management enactment of this Act, the Director shall BEHAVIOR.—Any person who makes or causes Account, and the Central Intelligence submit to Congress a notification of such de- to be made a voluntary disclosure of any sus- Agency Retirement and Disability Sys- termination that includes— picious transaction, activity, or occurrence tem, and for other purposes; which was (A) the reasons that such National Intel- indicating that an individual may be engag- ordered to lie on the table; as follows: ligence Estimate may not be submitted by ing or preparing to engage in a matter de- Strike section 314. such date; and scribed in subsection (b) to any employee or agent of the Department of Homeland Secu- (B) an estimated date for the submittal of SA 875. Mr. CHAMBLISS (for himself such National Intelligence Estimate. rity, the Department of Transportation, the YL (b) CONTENT.—The National Intelligence Department of Justice, any Federal, State, and Mr. K ) submitted an amendment Estimate required by subsection (a) shall in- or local law enforcement officer, any trans- intended to be proposed by him to the clude— portation security officer, or any employee bill S. 372, to authorize appropriations (1) a list of persons, including foreign per- or agent of a transportation system shall be for fiscal year 2007 for the intelligence sons, that carry out business activity with immune from civil liability to any person and intelligence-related activities of the government of, or a private entity lo- under any law or regulation of the United the United States Government, the In- cated within, a country that is a state spon- States, or any constitution, law, or regula- telligence Community Management sors of terrorism; tion of any State or political subdivision of Account, and the Central Intelligence (2) a description of such business activities any State, for such disclosure. carried out by each such person, including (b) COVERED DISCLOSURES.—The matter re- Agency Retirement and Disability Sys- estimates of the magnitude of such activi- ferred to in subsection (a) is a possible viola- tem, and for other purposes; which was ties; tion or attempted violation of law or regula- ordered to lie on the table; as follows: (3) an assessment of the importance of such tion relating— Strike section 107. activities to the economy of each state spon- (1) to a threat to transportation systems or sor of terrorism; passenger safety or security; or SA 876. Mr. DEMINT submitted an (4) an assessment of the likely effect of (2) to an act of terrorism, as defined in sec- amendment intended to be proposed by each State law, including each decision by a tion 3077 of title 18, United States Code, that him to the bill S. 372, to authorize ap- public pension board or governing body of a involves or is directed against transpor- propriations for fiscal year 2007 for the State that requires divestment from persons tation systems or passengers. who conduct business activity with a state (c) LIMITATION ON APPLICATION.—Sub- intelligence and intelligence-related sponsors of terrorism; and section (a) shall not apply to a statement or activities of the United States Govern- (5) an assessment of options available to disclosure by a person that, at the time it is ment, the Intelligence Community the United States to reduce such activities made, is known by the person to be false. Management Account, and the Central

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4534 CONGRESSIONAL RECORD — SENATE April 16, 2007 Intelligence Agency Retirement and reason of insanity, during the 7-year period ‘‘(I) the applicant that he or she is dis- Disability System, and for other pur- ending on the date on which the individual qualified from being issued a biometric poses; which was ordered to lie on the applies for such card, or was released from transportation security card under sub- table; as follows: incarceration during the 5-year period end- section (b); ing on the date on which the individual ap- ‘‘(II) the State that the applicant is dis- At the appropriate place, insert the fol- plies for such card, of any of the following qualified, in the case of a hazardous mate- lowing: felonies: rials endorsement; and SEC. ll. PROHIBITION OF ISSUANCE OF TRANS- ‘‘(III) the Coast Guard that the applicant is PORTATION SECURITY CARDS TO ‘‘(i) Unlawful possession, use, sale, manu- CONVICTED FELONS. facture, purchase, distribution, receipt, disqualified, if the applicant is a mariner. (a) IN GENERAL.—Section 70105 of title 46, transfer, shipping, transporting, delivery, ‘‘(E) OTHER POTENTIAL DISQUALIFICATIONS.— United States Code, is amended— import, export of, or dealing in a firearm or Except as provided under subparagraphs (A) (1) in subsection (b)(1), by striking ‘‘de- other weapon. In this clause, a firearm or through (C), an individual may not be denied cides that the individual poses a security other weapon includes— a transportation security card under sub- risk under subsection (c)’’ and inserting ‘‘de- ‘‘(I) firearms (as defined in section 921(a)(3) section (b) unless the Secretary determines termines under subsection (c) that the indi- of title 18 and section 5845(a) of the Internal that individual— vidual poses a security risk’’; and Revenue Code of 1986); and ‘‘(i) has been convicted within the pre- (2) in subsection (c), by amending para- ‘‘(II) items contained on the United States ceding 7-year period of a felony or found not graph (1) to read as follows: Munitions Import List under section 447.21 of guilty by reason of insanity of a felony— ‘‘(1) DISQUALIFICATIONS.— title 27, Code of Federal Regulations. ‘‘(I) that the Secretary believes could ‘‘(A) PERMANENT DISQUALIFYING CRIMINAL ‘‘(ii) Extortion. cause the individual to be a terrorism secu- OFFENSES.—Except as provided under para- ‘‘(iii) Dishonesty, fraud, or misrepresenta- rity risk to the United States; or graph (2), an individual is permanently dis- tion, including identity fraud and money ‘‘(II) for causing a severe transportation qualified from being issued a biometric laundering if the money laundering is re- security incident; transportation security card under sub- lated to a crime described in this subpara- ‘‘(ii) has been released from incarceration section (b) if the individual has been con- graph or subparagraph (A). In this clause, within the preceding 5-year period for com- victed, or found not guilty by reason of in- welfare fraud and passing bad checks do not mitting a felony described in clause (i); sanity, in a civilian or military jurisdiction constitute dishonesty, fraud, or misrepresen- ‘‘(iii) may be denied admission to the of any of the following felonies: tation. United States or removed from the United ‘‘(i) Espionage or conspiracy to commit es- ‘‘(iv) Bribery. States under the Immigration and Nation- pionage. ‘‘(v) Smuggling. ality Act (8 U.S.C. 1101 et seq.); or ‘‘(ii) Sedition or conspiracy to commit se- ‘‘(vi) Immigration violations. ‘‘(iv) otherwise poses a terrorism security dition. ‘‘(vii) Distribution of, possession with in- risk to the United States.’’. ‘‘(iii) Treason or conspiracy to commit tent to distribute, or importation of a con- (b) CONFORMING AMENDMENT.—Section treason. trolled substance. 70101 of title 49, United States Code, is ‘‘(iv) A Federal crime of terrorism (as de- ‘‘(viii) Arson. amended— fined in section 2332b(g) of title 18), a com- ‘‘(ix) Kidnapping or hostage taking. (1) by redesignating paragraphs (2) through parable State law, or conspiracy to commit ‘‘(x) Rape or aggravated sexual abuse. (6) as paragraphs (3) through (7); and such crime. ‘‘(xi) Assault with intent to kill. (2) by inserting after paragraph (1) the fol- ‘‘(v) A crime involving a transportation se- ‘‘(xii) Robbery. lowing: curity incident. ‘‘(xiii) Conspiracy or attempt to commit ‘‘(2) The term ‘economic disruption’ does ‘‘(vi) Improper transportation of a haz- any of the crimes listed in this subpara- not include a work stoppage or other em- ardous material under section 5124 of title 49, graph. ployee-related action not related to ter- or a comparable State law. ‘‘(xiv) Fraudulent entry into a seaport rorism and resulting from an employer-em- ‘‘(vii) Unlawful possession, use, sale, dis- under section 1036 of title 18, or a comparable ployee dispute.’’. tribution, manufacture, purchase, receipt, State law. SA 877. Mr. DEMINT submitted an transfer, shipping, transporting, import, ex- ‘‘(xv) A violation of the Racketeer Influ- amendment intended to be proposed by port, storage of, or dealing in an explosive or enced and Corrupt Organizations Act (18 him to the bill S. 372, to authorize ap- explosive device. In this clause, an explosive U.S.C. 1961 et seq.) or a comparable State propriations for fiscal year 2007 for the or explosive device includes— law, other than any of the violations listed intelligence and intelligence-related ‘‘(I) an explosive (as defined in sections in subparagraph (A)(x). 232(5) and 844(j) of title 18); ‘‘(xvi) Any other felony that the Secretary activities of the United States Govern- ‘‘(II) explosive materials (as defined in sub- of Homeland Security classifies, by regula- ment, the Intelligence Community sections (c) through (f) of section 841 of title tion, as an interim disqualifying criminal of- Management Account, and the Central 18); and fense under this subparagraph. Intelligence Agency Retirement and ‘‘(III) a destructive device (as defined in ‘‘(C) UNDER WANT WARRANT, OR INDICT- Disability System, and for other pur- 921(a)(4) of title 18 and section 5845(f) of the MENT.—An applicant who is wanted, or under poses; which was ordered to lie on the Internal Revenue Code of 1986). indictment, in any civilian or military juris- table; as follows: ‘‘(viii) Murder. diction for a felony listed in this paragraph, ‘‘(ix) Making any threat, or maliciously is disqualified from being issued a biometric In lieu of the matter proposed to be in- conveying false information knowing the transportation security card under sub- serted, insert the following: same to be false, concerning the deliverance, section (b) until the want or warrant is re- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. placement, or detonation of an explosive or leased or the indictment is dismissed. (a) SHORT TITLE.—This Act may be cited as other lethal device in or against a place of ‘‘(D) DETERMINATION OF ARREST STATUS.— the ‘‘Intelligence Authorization Act for Fis- public use, a State or other government fa- ‘‘(i) IN GENERAL.—If a fingerprint-based cal Year 2007’’. cility, a public transportation system, or an check discloses an arrest for a disqualifying (b) TABLE OF CONTENTS.—The table of con- infrastructure facility. crime listed in this section without indi- tents for this Act is as follows: ‘‘(x) A violation of the Racketeer Influ- cating a disposition, the Transportation Se- Sec. 1. Short title; table of contents. enced and Corrupt Organizations Act (18 curity Administration shall notify the appli- U.S.C. 1961 et seq.), or a comparable State cant of such disclosure and provide the appli- TITLE I—INTELLIGENCE ACTIVITIES law, if 1 of the predicate acts found by a jury cant with instructions on how the applicant Sec. 101. Authorization of appropriations. or admitted by the defendant consists of 1 of can clear the disposition, in accordance with Sec. 102. Classified schedule of authoriza- the crimes listed in this subparagraph. clause (ii). tions. ‘‘(xi) Attempt to commit any of the crimes ‘‘(ii) BURDEN OF PROOF.—In order to clear a Sec. 103. Incorporation of classified annex. listed in clauses (i) through (iv). disposition under this subparagraph, an ap- Sec. 104. Personnel ceiling adjustments. ‘‘(xii) Conspiracy or attempt to commit plicant shall submit written proof to the Sec. 105. Intelligence Community Manage- any of the crimes described in clauses (v) Transportation Security Administration, not ment Account. through (x). later than 60 days after receiving notifica- Sec. 106. Incorporation of reporting require- ‘‘(xiii) Any other felony that the Secretary tion under clause (i), that the arrest did not ments. of Homeland Security classifies, by regula- result in conviction for the disqualifying Sec. 107. Response of intelligence commu- tion, as a permanently disqualifying crimi- criminal offense. nity to requests from Congress nal offense under this subparagraph. ‘‘(iii) NOTIFICATION OF DISQUALIFICATION.— for intelligence documents and ‘‘(B) INTERIM DISQUALIFYING CRIMINAL OF- If the Transportation Security Administra- information. FENSES.—Except as provided under paragraph tion does not receive proof in accordance (2), an individual is disqualified from being with the Transportation Security Adminis- TITLE II—CENTRAL INTELLIGENCE issued a biometric transportation security tration’s procedures for waiver of criminal AGENCY RETIREMENT AND DIS- card under subsection (b) if the individual offenses and appeals, the Transportation Se- ABILITY SYSTEM has been convicted, or found not guilty by curity Administration shall notify— Sec. 201. Authorization of appropriations.

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National Security Act of 1947. Sec. 415. Membership of the Director of Na- Sec. 506. Technical amendments relating to Sec. 304. Improvement of notification of tional Intelligence on the the multiyear National Intel- Congress regarding intelligence Transportation Security Over- ligence Program. Sec. 507. Technical amendments to the Ex- activities of the United States sight Board. Government. ecutive Schedule. Sec. 416. Applicability of the Privacy Act to Sec. 508. Technical amendments relating to Sec. 305. Delegation of authority for travel the Director of National Intel- on common carriers for intel- redesignation of the National ligence and the Office of the Di- Imagery and Mapping Agency ligence collection personnel. rector of National Intelligence. Sec. 306. Modification of availability of as the National Geospatial-In- funds for different intelligence Subtitle B—Central Intelligence Agency telligence Agency. activities. Sec. 421. Director and Deputy Director of TITLE I—INTELLIGENCE ACTIVITIES Sec. 307. Additional limitation on avail- the Central Intelligence Agen- SEC. 101. AUTHORIZATION OF APPROPRIATIONS. ability of funds for intelligence cy. Funds are hereby authorized to be appro- and intelligence-related activi- Sec. 422. Enhanced protection of Central In- priated for fiscal year 2007 for the conduct of ties. telligence Agency intelligence the intelligence and intelligence-related ac- Sec. 308. Increase in penalties for disclosure sources and methods from un- tivities of the following elements of the of undercover intelligence offi- authorized disclosure. United States Government: cers and agents. Sec. 423. Additional exception to foreign (1) The Office of the Director of National Sec. 309. Retention and use of amounts paid language proficiency require- Intelligence. as debts to elements of the in- ment for certain senior level (2) The Central Intelligence Agency. telligence community. (3) The Department of Defense. Sec. 310. Extension to intelligence commu- positions in the Central Intel- ligence Agency. (4) The Defense Intelligence Agency. nity of authority to delete in- (5) The National Security Agency. formation about receipt and Sec. 424. Additional functions and authori- ties for protective personnel of (6) The Department of the Army, the De- disposition of foreign gifts and partment of the Navy, and the Department decorations. the Central Intelligence Agen- cy. of the Air Force. Sec. 311. Availability of funds for travel and (7) The Department of State. Sec. 425. Director of National Intelligence transportation of personal ef- (8) The Department of the Treasury. report on retirement benefits fects, household goods, and (9) The Department of Energy. for former employees of Air automobiles. (10) The Department of Justice. Sec. 312. Director of National Intelligence America. (11) The Federal Bureau of Investigation. report on compliance with the Subtitle C—Defense Intelligence Components (12) The National Reconnaissance Office. Detainee Treatment Act of 2005. (13) The National Geospatial-Intelligence Sec. 313. Report on any clandestine deten- Sec. 431. Enhancements of National Security Agency. tion facilities for individuals Agency training program. (14) The Coast Guard. captured in the Global War on Sec. 432. Codification of authorities of Na- (15) The Department of Homeland Secu- Terrorism. tional Security Agency protec- tive personnel. rity. TITLE IV—MATTERS RELATING TO ELE- Sec. 433. Inspector general matters. (16) The Drug Enforcement Administra- MENTS OF THE INTELLIGENCE COMMU- tion. NITY Sec. 434. Confirmation of appointment of heads of certain components of SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZA- Subtitle A—Office of the Director of the intelligence community. TIONS. National Intelligence (a) SPECIFICATIONS OF AMOUNTS AND PER- Sec. 435. Clarification of national security Sec. 401. Additional authorities of the Direc- SONNEL CEILINGS.—The amounts authorized missions of National tor of National Intelligence on to be appropriated under section 101, and the Geospatial-Intelligence Agency intelligence information shar- authorized personnel ceilings as of Sep- for analysis and dissemination ing. tember 30, 2007, for the conduct of the intel- of certain intelligence informa- Sec. 402. Modification of limitation on dele- ligence and intelligence-related activities of tion. gation by the Director of Na- the elements listed in such section, are those tional Intelligence of the pro- Sec. 436. Security clearances in the National specified in the classified Schedule of Au- tection of intelligence sources Geospatial-Intelligence Agency. thorizations prepared to accompany the con- and methods. Subtitle D—Other Elements ference report on the bill S. 372 of the One Hundred Tenth Congress and in the Classi- Sec. 403. Authority of the Director of Na- Sec. 441. Foreign language incentive for cer- fied Annex to such report as incorporated in tional Intelligence to manage tain non-special agent employ- this Act under section 103. access to human intelligence ees of the Federal Bureau of In- (b) AVAILABILITY OF CLASSIFIED SCHEDULE information. vestigation. Sec. 404. Additional administrative author- OF AUTHORIZATIONS.—The Schedule of Au- Sec. 442. Authority to secure services by ity of the Director of National thorizations shall be made available to the contract for the Bureau of In- Intelligence. Committees on Appropriations of the Senate telligence and Research of the Sec. 405. Clarification of limitation on co-lo- and House of Representatives and to the Department of State. cation of the Office of the Di- President. The President shall provide for rector of National Intelligence. Sec. 443. Clarification of inclusion of Coast suitable distribution of the Schedule, or of Sec. 406. Additional duties of the Director of Guard and Drug Enforcement appropriate portions of the Schedule, within Science and Technology of the Administration as elements of the executive branch. Office of the Director of Na- the intelligence community. SEC. 103. INCORPORATION OF CLASSIFIED tional Intelligence. Sec. 444. Clarifying amendments relating to ANNEX. Sec. 407. Appointment and title of Chief In- section 105 of the Intelligence (a) STATUS OF CLASSIFIED ANNEX.—The formation Officer of the Intel- Authorization Act for fiscal Classified Annex prepared by the Select ligence Community. year 2004. Committee on Intelligence of the Senate to Sec. 408. Inspector General of the Intel- TITLE V—OTHER MATTERS accompany its report on the bill S. 372 of the ligence Community. One Hundred Tenth Congress and trans- Sec. 409. Leadership and location of certain Sec. 501. Technical amendments to the Na- mitted to the President is hereby incor- offices and officials. tional Security Act of 1947. porated into this Act. Sec. 410. National Space Intelligence Center. Sec. 502. Technical clarification of certain (b) CONSTRUCTION WITH OTHER PROVISIONS Sec. 411. Operational files in the Office of references to Joint Military In- OF DIVISION.—Unless otherwise specifically the Director of National Intel- telligence Program and Tac- stated, the amounts specified in the Classi- ligence. tical Intelligence and Related fied Annex are not in addition to amounts Sec. 412. Eligibility for incentive awards of Activities. authorized to be appropriated by other provi- personnel assigned to the Office Sec. 503. Technical amendments to the In- sions of this Act. of the Director of National In- telligence Reform and Ter- (c) LIMITATION ON USE OF FUNDS.—Funds telligence. rorism Prevention Act of 2004. appropriated pursuant to an authorization

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contained in this Act that are made avail- munity Management Account from another (b) CLERICAL AMENDMENT.—The table of able for a program, project, or activity re- element of the United States Government contents in the first section of that Act is ferred to in the Classified Annex may only be shall be detailed on a reimbursable basis, ex- amended by inserting after the item relating expended for such program, project, or activ- cept that any such officer, employee, or to section 507 the following new item: ity in accordance with such terms, condi- member may be detailed on a nonreimburs- ‘‘Sec. 508. Response of intelligence commu- tions, limitations, restrictions, and require- able basis for a period of less than one year nity to requests from Congress ments as are set out for that program, for the performance of temporary functions for intelligence documents and project, or activity in the Classified Annex. as required by the Director of National Intel- information.’’. (d) DISTRIBUTION OF CLASSIFIED ANNEX.— ligence. TITLE II—CENTRAL INTELLIGENCE AGEN- The President shall provide for appropriate SEC. 106. INCORPORATION OF REPORTING RE- CY RETIREMENT AND DISABILITY SYS- distribution of the Classified Annex, or of ap- QUIREMENTS. TEM propriate portions of the annex, within the (a) IN GENERAL.—Each requirement to sub- executive branch of the Government. mit a report to the congressional intel- SEC. 201. AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated for SEC. 104. PERSONNEL CEILING ADJUSTMENTS. ligence committees that is included in the joint explanatory statement to accompany the Central Intelligence Agency Retirement (a) AUTHORITY FOR ADJUSTMENTS.—With the conference report on the bill lll of the and Disability Fund for fiscal year 2007 the the approval of the Director of the Office of sum of $256,400,000. Management and Budget, the Director of Na- One Hundred Tenth Congress, or in the clas- sified annex to this Act, is hereby incor- tional Intelligence may authorize employ- TITLE III—INTELLIGENCE AND GENERAL porated into this Act, and is hereby made a ment of civilian personnel in excess of the INTELLIGENCE COMMUNITY MATTERS requirement in law. number authorized for fiscal year 2007 under SEC. 301. INCREASE IN EMPLOYEE COMPENSA- (b) CONGRESSIONAL INTELLIGENCE COMMIT- section 102 when the Director of National In- TION AND BENEFITS AUTHORIZED TEES DEFINED.—In this section, the term telligence determines that such action is BY LAW. ‘‘congressional intelligence committees’’ Appropriations authorized by this Act for necessary to the performance of important means— intelligence functions, except that the num- salary, pay, retirement, and other benefits (1) the Select Committee on Intelligence of for Federal employees may be increased by ber of personnel employed in excess of the the Senate; and number authorized under such section may such additional or supplemental amounts as (2) the Permanent Select Committee on In- may be necessary for increases in such com- not, for any element of the intelligence com- telligence of the House of Representatives. munity, exceed 2 percent of the number of ci- pensation or benefits authorized by law. SEC. 107. RESPONSE OF INTELLIGENCE COMMU- SEC. 302. RESTRICTION ON CONDUCT OF INTEL- vilian personnel authorized under such sec- NITY TO REQUESTS FROM CON- tion for such element. LIGENCE ACTIVITIES. GRESS FOR INTELLIGENCE DOCU- The authorization of appropriations by (b) NOTICE TO INTELLIGENCE COMMITTEES.— MENTS AND INFORMATION. this Act shall not be deemed to constitute The Director of National Intelligence shall (a) IN GENERAL.—Title V of the National promptly notify the Select Committee on In- Security Act of 1947 (50 U.S.C. 413 et seq.) is authority for the conduct of any intelligence telligence of the Senate and the Permanent amended by adding at the end the following activity which is not otherwise authorized Select Committee on Intelligence of the new section: by the Constitution or the laws of the United States. House of Representatives whenever the Di- ‘‘RESPONSE OF INTELLIGENCE COMMUNITY TO SEC. 303. CLARIFICATION OF DEFINITION OF IN- rector exercises the authority granted by REQUESTS FROM CONGRESS FOR INTELLIGENCE this section. TELLIGENCE COMMUNITY UNDER DOCUMENTS AND INFORMATION THE NATIONAL SECURITY ACT OF SEC. 105. INTELLIGENCE COMMUNITY MANAGE- ‘‘SEC. 508. (a) REQUESTS OF COMMITTEES.— 1947. MENT ACCOUNT. The Director of National Intelligence, the Subparagraph (L) of section 3(4) of the Na- (a) AUTHORIZATION OF APPROPRIATIONS.— Director of the National Counterterrorism tional Security Act of 1947 (50 U.S.C. 401a(4)) There is authorized to be appropriated for Center, the Director of a national intel- is amended by striking ‘‘other’’ the second the Intelligence Community Management ligence center, or the head of any other de- place it appears. Account of the Director of National Intel- partment, agency, or element of the Federal SEC. 304. IMPROVEMENT OF NOTIFICATION OF ligence for fiscal year 2007 the sum of Government, or other organization within CONGRESS REGARDING INTEL- $648,952,000. Within such amount, funds iden- the Executive branch, that is an element of LIGENCE ACTIVITIES OF THE tified in the classified Schedule of Author- the intelligence community shall, not later UNITED STATES GOVERNMENT. izations referred to in section 102(a) for ad- than 30 days after receiving a request for any (a) CLARIFICATION OF DEFINITION OF CON- vanced research and development shall re- intelligence assessment, report, estimate, in- GRESSIONAL INTELLIGENCE COMMITTEES TO IN- main available until September 30, 2008. formation related to intelligence activity, or CLUDE ALL MEMBERS OF COMMITTEES.—Sec- (b) AUTHORIZED PERSONNEL LEVELS.—The other intelligence information from the Se- tion 3(7) of the National Security Act of 1947 elements within the Intelligence Community lect Committee on Intelligence of the Senate (50 U.S.C. 401a(7)) is amended— Management Account of the Director of Na- or the Permanent Select Committee on In- (1) in subparagraph (A), by inserting ‘‘, and tional Intelligence are authorized 1,575 full- telligence of the House of Representatives, includes each member of the Select Com- time personnel as of September 30, 2007. Per- provide a response to such committee re- mittee’’ before the semicolon; and sonnel serving in such elements may be per- garding the request for such assessment, re- (2) in subparagraph (B), by inserting ‘‘, and manent employees of the Intelligence Com- port, estimate, or other information, as the includes each member of the Permanent Se- munity Management Account or personnel case may be. lect Committee’’ before the period. detailed from other elements of the United ‘‘(b) REQUESTS OF CERTAIN MEMBERS.—(1) (b) NOTICE ON INFORMATION NOT DIS- States Government. The Director of National Intelligence, the CLOSED.— (c) CLASSIFIED AUTHORIZATIONS.— Director of the National Counterterrorism (1) IN GENERAL.—Section 502 of such Act (50 (1) AUTHORIZATION OF APPROPRIATIONS.—In Center, the Director of a national intel- U.S.C. 413a) is amended— addition to amounts authorized to be appro- ligence center, or the head of any other de- (A) by redesignating subsections (b) and (c) priated for the Intelligence Community Man- partment, agency, or element of the Federal as subsections (c) and (d), respectively; and agement Account by subsection (a), there are Government, or other organization within (B) by inserting after subsection (a) the also authorized to be appropriated for the In- the Executive branch, that is an element of following new subsection (b): telligence Community Management Account the intelligence community shall respond, in ‘‘(b) NOTICE ON INFORMATION NOT DIS- for fiscal year 2007 such additional amounts the time specified in subsection (a), to a re- CLOSED.—(1) If the Director of National Intel- as are specified in the classified Schedule of quest described in that subsection from the ligence or the head of a department, agency, Authorizations referred to in section 102(a). Chairman or Vice Chairman of the Select or other entity of the United States Govern- Such additional amounts for research and Committee on Intelligence of the Senate or ment does not provide information required development shall remain available until the Chairman or Ranking Member of the by subsection (a) in full or to all the mem- September 30, 2008. Permanent Select Committee on Intelligence bers of the congressional intelligence com- (2) AUTHORIZATION OF PERSONNEL.—In addi- of the House of Representatives. mittees and requests that such information tion to the personnel authorized by sub- ‘‘(2) Upon making a request covered by not be provided in full or to all members of section (b) for elements of the Intelligence paragraph (1)— the congressional intelligence committees, Community Management Account as of Sep- ‘‘(A) the Chairman or Vice Chairman, as the Director shall, in a timely fashion, pro- tember 30, 2007, there are also authorized the case may be, of the Select Committee on vide written notification to the Chairman such additional personnel for such elements Intelligence of the Senate shall notify the and Vice Chairman of the Select Committee as of that date as are specified in the classi- other of the Chairman or Vice Chairman of on Intelligence of the Senate or the Chair- fied Schedule of Authorizations. such request; and man and Ranking Member of the Permanent (d) REIMBURSEMENT.—Except as provided in ‘‘(B) the Chairman or Ranking Member, as Select Committee on Intelligence of the section 113 of the National Security Act of the case may be, of the Permanent Select House of Representatives, as the case may 1947 (50 U.S.C. 404h), during fiscal year 2007 Committee on Intelligence of the House of be, of the determination not to provide such any officer or employee of the United States Representatives shall notify the other of the information in full or to all members of such or a member of the Armed Forces who is de- Chairman or Ranking Member of such re- committees. Such notice shall be submitted tailed to the staff of the Intelligence Com- quest.’’. in a classified form and include a statement

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of the reasons for such determination. The ‘‘may delegate the authority in subsection ‘‘RETENTION AND USE OF AMOUNTS PAID AS Director shall provide a general description (a) to the head of any other element of the DEBTS TO ELEMENTS OF THE INTELLIGENCE of the nature of the matter notified to all intelligence community.’’; and COMMUNITY members of such committees, so long as such (3) by adding at the end the following new ‘‘SEC. 1103. (a) AUTHORITY TO RETAIN general description will not jeopardize sen- paragraph: AMOUNTS PAID.—Notwithstanding section sitive intelligence sources and methods or ‘‘(2) The head of an element of the intel- 3302 of title 31, United States Code, or any other exceptionally sensitive matters. ligence community to whom the authority in other provision of law, the head of an ele- ‘‘(2) Nothing in this subsection shall be subsection (a) is delegated pursuant to para- ment of the intelligence community may re- construed as authorizing less than full and graph (1) may further delegate such author- tain amounts paid or reimbursed to the current disclosure to all the members of the ity to such senior officials of such element as United States, including amounts paid by an Select Committee on Intelligence of the Sen- are specified in guidelines prescribed by the employee of the Federal Government from ate and the Permanent Select Committee on Director of National Intelligence for pur- personal funds, for repayment of a debt owed Intelligence of the House of Representatives poses of this paragraph.’’. to the element of the intelligence commu- of any information necessary to keep all the (b) SUBMITTAL OF GUIDELINES TO CON- members of such committees fully and cur- nity. GRESS.—Not later than six months after the ‘‘(b) CREDITING OF AMOUNTS RETAINED.—(1) rently informed on all intelligence activities date of the enactment of this Act, the Direc- Amounts retained under subsection (a) shall covered by this section.’’. tor of National Intelligence shall prescribe be credited to the current appropriation or (2) CONFORMING AMENDMENT.—Subsection and submit to the congressional intelligence account from which such funds were derived (d) of such section, as redesignated by para- committees the guidelines referred to in or whose expenditure formed the basis for graph (1)(A) of this subsection, is amended paragraph (2) of section 116(b) of the Na- the underlying activity from which the debt by striking ‘‘subsection (b)’’ and inserting tional Security Act of 1947, as added by sub- concerned arose. ‘‘subsections (b) and (c)’’. section (a). ‘‘(2) Amounts credited to an appropriation (c) REPORTS AND NOTICE ON COVERT AC- (c) CONGRESSIONAL INTELLIGENCE COMMIT- or account under paragraph (1) shall be TIONS.— TEES DEFINED.—In this section, the term merged with amounts in such appropriation (1) FORM AND CONTENT OF CERTAIN RE- ‘‘congressional intelligence committees’’ or account, and shall be available in accord- PORTS.—Subsection (b) of section 503 of such means— ance with subsection (c). Act (50 U.S.C. 413b) is amended— (1) the Select Committee on Intelligence of ‘‘(c) AVAILABILITY OF AMOUNTS.—Amounts (A) by redesignating paragraphs (1) and (2) the Senate; and credited to an appropriation or account as subparagraphs (A) and (B), respectively; (2) the Permanent Select Committee on In- under subsection (b) with respect to a debt (B) by inserting ‘‘(1)’’ after ‘‘(b)’’; and telligence of the House of Representatives. owed to an element of the intelligence com- (C) by adding at the end the following new munity shall be available to the head of such paragraph: SEC. 306. MODIFICATION OF AVAILABILITY OF FUNDS FOR DIFFERENT INTEL- element, for such time as is applicable to ‘‘(2) Any report relating to a covert action LIGENCE ACTIVITIES. that is submitted to the congressional intel- amounts in such appropriation or account, Subparagraph (B) of section 504(a)(3) of the ligence committees for the purposes of para- or such longer time as may be provided by National Security Act of 1947 (50 U.S.C. graph (1) shall be in writing, and shall con- law, for purposes as follows: 414(a)(3)) is amended to read as follows: tain the following: ‘‘(1) In the case of a debt arising from lost ‘‘(B) the use of such funds for such activity ‘‘(A) A concise statement of any facts per- or damaged property of such element, the re- supports an emergent need, improves pro- tinent to such report. pair of such property or the replacement of gram effectiveness, or increases efficiency; ‘‘(B) An explanation of the significance of such property with alternative property that and’’. the covert action covered by such report.’’. will perform the same or similar functions as (2) NOTICE ON INFORMATION NOT DIS- SEC. 307. ADDITIONAL LIMITATION ON AVAIL- such property. ABILITY OF FUNDS FOR INTEL- CLOSED.—Subsection (c) of such section is ‘‘(2) The funding of any other activities au- LIGENCE AND INTELLIGENCE-RE- thorized to be funded by such appropriation amended by adding at the end the following LATED ACTIVITIES. new paragraph: or account. Section 504 of the National Security Act of ‘‘(d) DEBT OWED TO AN ELEMENT OF THE IN- ‘‘(5) If the Director of National Intelligence 1947 (50 U.S.C. 414) is amended— or the head of a department, agency, or TELLIGENCE COMMUNITY DEFINED.—In this (1) in subsection (a), by inserting ‘‘the con- other entity of the United States Govern- section, the term ‘debt owed to an element of gressional intelligence committees have ment does not provide information required the intelligence community’ means any of been fully and currently informed of such ac- by subsection (b)(2) in full or to all the mem- the following: tivity and if’’ after ‘‘only if’’; bers of the congressional intelligence com- ‘‘(1) A debt owed to an element of the intel- mittees, and requests that such information (2) by redesignating subsections (b), (c), ligence community by an employee or not be provided in full or to all members of (d), and (e) as subsections (c), (d), (e), and (f), former employee of such element for the the congressional intelligence committees, respectively; and negligent or willful loss of or damage to for the reason specified in paragraph (2), the (3) by inserting after subsection (a) the fol- property of such element that was procured Director shall, in a timely fashion, provide lowing new subsection (b): by such element using appropriated funds. written notification to the Chairman and ‘‘(b) In any case in which notice to the con- ‘‘(2) A debt owed to an element of the intel- Vice Chairman of the Select Committee on gressional intelligence committees on an in- ligence community by an employee or Intelligence of the Senate or the Chairman telligence or intelligence-related activity is former employee of such element as repay- and Ranking Member of the Permanent Se- covered by section 502(b), or in which notice ment for default on the terms and conditions lect Committee on Intelligence of the House to the congressional intelligence committees associated with a scholarship, fellowship, or of Representatives, as the case may be, of on a covert action is covered by section other educational assistance provided to the determination not to provide such infor- 503(c)(5), the congressional intelligence com- such individual by such element, whether in mation in full or to all members of such mittees shall be treated as being fully and exchange for future services or otherwise, committees. Such notice shall be submitted currently informed on such activity or cov- using appropriated funds. in a classified form and include a statement ert action, as the case may be, for purposes ‘‘(3) Any other debt or repayment owed to of the reasons for such determination. The of subsection (a) if the requirements of such an element of the intelligence community by Director shall provide a general description section 502(b) or 503(c)(5), as applicable, have a private person or entity by reason of the of the nature of the matter notified to all been met.’’. negligent or willful action of such person or members of such committees, so long as such SEC. 308. INCREASE IN PENALTIES FOR DISCLO- entity, as determined by a court of com- general description will not jeopardize sen- SURE OF UNDERCOVER INTEL- petent jurisdiction or in a lawful administra- sitive intelligence sources and methods or LIGENCE OFFICERS AND AGENTS. tive proceeding.’’. other exceptionally sensitive matters.’’. (a) DISCLOSURE OF AGENT AFTER ACCESS TO (b) CLERICAL AMENDMENT.—The table of (3) MODIFICATION OF NATURE OF CHANGE OF INFORMATION IDENTIFYING AGENT.—Sub- contents in the first section of that Act is COVERT ACTION TRIGGERING NOTICE REQUIRE- section (a) of section 601 of the National Se- amended by adding at the end the following MENTS.—Subsection (d) of such section is curity Act of 1947 (50 U.S.C. 421) is amended new item: amended by striking ‘‘significant’’ the first by striking ‘‘ten years’’ and inserting ‘‘15 ‘‘Sec. 1103. Retention and use of amounts place it appears. years’’. paid as debts to elements of the (b) DISCLOSURE OF AGENT AFTER ACCESS TO SEC. 305. DELEGATION OF AUTHORITY FOR TRAV- intelligence community.’’. EL ON COMMON CARRIERS FOR IN- CLASSIFIED INFORMATION.—Subsection (b) of such section is amended by striking ‘‘five SEC. 310. EXTENSION TO INTELLIGENCE COMMU- TELLIGENCE COLLECTION PER- NITY OF AUTHORITY TO DELETE IN- SONNEL. years’’ and inserting ‘‘ten years’’. FORMATION ABOUT RECEIPT AND (a) DELEGATION OF AUTHORITY.—Section SEC. 309. RETENTION AND USE OF AMOUNTS DISPOSITION OF FOREIGN GIFTS 116(b) of the National Security Act of 1947 (50 PAID AS DEBTS TO ELEMENTS OF AND DECORATIONS. U.S.C. 404k(b)) is amended— THE INTELLIGENCE COMMUNITY. Paragraph (4) of section 7342(f) of title 5, (1) by inserting ‘‘(1)’’ before ‘‘The Direc- (a) IN GENERAL.—Title XI of the National United States Code, is amended to read as tor’’; Security Act of 1947 (50 U.S.C. 442 et seq.) is follows: (2) in paragraph (1), by striking ‘‘may only amended by adding at the end the following ‘‘(4)(A) In transmitting such listings for an delegate’’ and all that follows and inserting new section: element of the intelligence community, the

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(d) DEFINITIONS.—In this section: relating to the transfer, reprogramming, ob- ‘‘(B) Any information not provided to the (1) The term ‘‘congressional intelligence ligation, or expenditure of funds, other than Secretary of State pursuant to the authority committees’’ means— the provisions of this Act and the National in subparagraph (A) shall be transmitted to (A) the Select Committee on Intelligence Security Intelligence Reform Act of 2004 the Director of National Intelligence. of the Senate; and (title I of Public Law 108–458), to expend ‘‘(C) In this paragraph, the term ‘element (B) the Permanent Select Committee of funds for purposes associated with the devel- of the intelligence community’ means an ele- the House of Representatives. opment, deployment, and utilization of such ment of the intelligence community listed in (2) The term ‘‘intelligence community’’ systems, which funds may be received and or designated under section 3(4) of the Na- means the elements of the intelligence com- utilized by any department, agency, or other tional Security Act of 1947 (50 U.S.C. munity specified in or designated under sec- element of the United States Government for 401a(4)).’’. tion 3(4) of the National Security Act of 1947 such purposes; and SEC. 311. AVAILABILITY OF FUNDS FOR TRAVEL (50 U.S.C. 401a(4)). ‘‘(H) for purposes of addressing critical AND TRANSPORTATION OF PER- SEC. 313. REPORT ON ANY CLANDESTINE DETEN- gaps in intelligence information sharing or SONAL EFFECTS, HOUSEHOLD TION FACILITIES FOR INDIVIDUALS GOODS, AND AUTOMOBILES. access capabilities, have the authority to CAPTURED IN THE GLOBAL WAR ON transfer funds appropriated for a program (a) FUNDS OF OFFICE OF DIRECTOR OF NA- TERRORISM. within the National Intelligence Program to TIONAL INTELLIGENCE.—Funds appropriated (a) IN GENERAL.—The President shall en- to the Office of the Director of National In- sure that the United States Government con- a program funded by appropriations not telligence and available for travel and trans- tinues to comply with the authorization, re- within the National Intelligence Program, portation expenses shall be available for porting, and notification requirements of consistent with paragraphs (3) through (7) of such expenses when any part of the travel or title V of the National Security Act of 1947 subsection (d).’’. transportation concerned begins in a fiscal (50 U.S.C. 413 et seq.). SEC. 402. MODIFICATION OF LIMITATION ON DEL- year pursuant to travel orders issued in such (b) DIRECTOR OF NATIONAL INTELLIGENCE EGATION BY THE DIRECTOR OF NA- fiscal year, notwithstanding that such travel REPORT.— TIONAL INTELLIGENCE OF THE PRO- or transportation is or may not be completed (1) REPORT REQUIRED.—Not later than 60 TECTION OF INTELLIGENCE during such fiscal year. days after the date of the enactment of this SOURCES AND METHODS. (b) FUNDS OF CENTRAL INTELLIGENCE AGEN- Act, the Director of National Intelligence Section 102A(i)(3) of the National Security CY.—Funds appropriated to the Central Intel- shall provide to the members of the Select Act of 1947 (50 U.S.C. 403–1(i)(3)) is amended ligence Agency and available for travel and Committee on Intelligence of the Senate and by inserting before the period the following: transportation expenses shall be available the Permanent Select Committee on Intel- ‘‘, any Deputy Director of National Intel- for such expenses when any part of the travel ligence of the House of Representatives a re- ligence, or the Chief Information Officer of or transportation concerned begins in a fis- port on any clandestine prison or detention the Intelligence Community’’. cal year pursuant to travel orders issued in facility currently or formerly operated by SEC. 403. AUTHORITY OF THE DIRECTOR OF NA- such fiscal year, notwithstanding that such the United States Government for individ- TIONAL INTELLIGENCE TO MANAGE travel or transportation is or may not be uals captured in the global war on terrorism. ACCESS TO HUMAN INTELLIGENCE INFORMATION. completed during such fiscal year. (2) ELEMENTS.—The report required by (c) TRAVEL AND TRANSPORTATION EXPENSES paragraph (1) shall include the following: Section 102A(b) of the National Security DEFINED.—In this section, the term ‘‘travel (A) The date each prison or facility became Act of 1947 (50 U.S.C. 403–1(b)) is amended— and transportation expenses’’ means the fol- operational and, if applicable, the date on (1) by inserting ‘‘(1)’’ before ‘‘Unless’’; and lowing: which each prison or facility ceased its oper- (2) by adding at the end the following new (1) Expenses in connection with travel of ations. paragraph: personnel, including travel of dependents. (B) The total number of prisoners or de- ‘‘(2) The Director of National Intelligence (2) Expenses in connection with transpor- tainees held at each prison or facility during shall— tation of personal effects, household goods, its operation. ‘‘(A) have access to all national intel- or automobiles of personnel. (C) The current number of prisoners or de- ligence, including intelligence reports, oper- SEC. 312. DIRECTOR OF NATIONAL INTEL- tainees held at each operational prison or fa- ational data, and other associated informa- LIGENCE REPORT ON COMPLIANCE cility. tion, concerning the human intelligence op- WITH THE DETAINEE TREATMENT erations of any element of the intelligence ACT OF 2005. (D) The total and average annual costs of community authorized to undertake such (a) REPORT REQUIRED.—Not later than May each prison or facility during its operation. collection; 1, 2007, the Director of National Intelligence (E) A description of the interrogation pro- shall submit to the congressional intel- cedures used or formerly used on detainees ‘‘(B) consistent with the protection of in- ligence committees a comprehensive report at each prison or facility, including whether telligence sources and methods and applica- on all measures taken by the Office of the a determination has been made that such ble requirements in Executive Order 12333 (or Director of National Intelligence and by each procedures are or were in compliance with any successor order) regarding the retention element, if any, of the intelligence commu- United States obligations under the Geneva and dissemination of information concerning nity with relevant responsibilities to comply Conventions and the Convention Against United States persons, ensure maximum ac- with the provisions of the Detainee Treat- Torture. cess to the intelligence information con- ment Act of 2005 (title X of division A of (3) FORM OF REPORT.—The report required tained in the information referred to in sub- Public Law 109–148). by paragraph (1) shall be submitted in classi- paragraph (A) throughout the intelligence (b) ELEMENTS.—The report required by sub- fied form. community; and section (a) shall include the following: TITLE IV—MATTERS RELATING TO ELE- ‘‘(C) consistent with subparagraph (B), pro- (1) A description of the detention or inter- MENTS OF THE INTELLIGENCE COMMU- vide within the Office of the Director of Na- rogation methods, if any, that have been de- NITY tional Intelligence a mechanism for intel- ligence community analysts and other offi- termined to comply with section 1003 of the Subtitle A—Office of the Director of National cers with appropriate clearances and an offi- Detainee Treatment Act of 2005 (119 Stat. Intelligence 2739; 42 U.S.C. 2000dd), and, with respect to cial need-to-know to gain access to informa- SEC. 401. ADDITIONAL AUTHORITIES OF THE DI- tion referred to in subparagraph (A) or (B) each such method, a statement of the gen- RECTOR OF NATIONAL INTEL- eral basis for such determination. LIGENCE ON INTELLIGENCE INFOR- when relevant to their official responsibil- (2) A description of the detention or inter- MATION SHARING. ities.’’. rogation methods, if any, whose use has been Section 102A(g)(1) of the National Security SEC. 404. ADDITIONAL ADMINISTRATIVE AU- discontinued pursuant to the Detainee Act of 1947 (50 U.S.C. 403–1(g)(1)) is amend- THORITY OF THE DIRECTOR OF NA- Treatment Act of 2005, and, with respect to ed— TIONAL INTELLIGENCE. each such method, a statement of the gen- (1) in subparagraph (E), by striking ‘‘and’’ Section 102A of the National Security Act eral basis for such determination. at the end; of 1947 (50 U.S.C. 403–1) is amended by adding (3) A description of any actions that have (2) in subparagraph (F), by striking the pe- at the end the following new subsection: been taken to implement section 1004 of the riod and inserting a semicolon; and ‘‘(s) ADDITIONAL ADMINISTRATIVE AUTHORI- Detainee Treatment Act of 2005 (119 Stat. (3) by adding at the end the following new TIES.—(1) Notwithstanding section 1532 of 2740; 42 U.S.C. 2000dd–1), and, with respect to subparagraphs: title 31, United States Code, or any other each such action, a statement of the basis ‘‘(G) in carrying out this subsection, have provision of law prohibiting the interagency for such action. the authority— financing of activities described in clause (i) (4) Any other matters that the Director ‘‘(i) to direct the development, deploy- or (ii) of subparagraph (A), in the perform- considers necessary to fully and currently ment, and utilization of systems of common ance of the responsibilities, authorities, and

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duties of the Director of National Intel- grams of the elements of the intelligence ‘‘(b) PURPOSE.—The purpose of the Office of ligence or the Office of the Director of Na- community to meet the requirements of the the Inspector General of the Intelligence tional Intelligence— intelligence community for timely support; Community is to— ‘‘(A) the Director may authorize the use of and ‘‘(1) create an objective and effective of- interagency financing for— ‘‘(3) assist the Director of National Intel- fice, appropriately accountable to Congress, ‘‘(i) national intelligence centers estab- ligence in establishing research and develop- to initiate and conduct independently inves- lished by the Director under section 119B; ment priorities and projects for the intel- tigations, inspections, and audits relating and ligence community that— to— ‘‘(ii) boards, commissions, councils, com- ‘‘(A) are consistent with current or future ‘‘(A) the programs and operations of the in- mittees, and similar groups established by national intelligence requirements; telligence community; the Director; and ‘‘(B) address deficiencies or gaps in the col- ‘‘(B) the elements of the intelligence com- ‘‘(B) upon the authorization of the Direc- lection, processing, analysis, or dissemina- munity within the National Intelligence Pro- tor, any department, agency, or element of tion of national intelligence; gram; and the United States Government, including ‘‘(C) take into account funding constraints ‘‘(C) the relationships between the ele- any element of the intelligence community, in program development and acquisition; and ments of the intelligence community within may fund or participate in the funding of ‘‘(D) address system requirements from the National Intelligence Program and the such activities. collection to final dissemination (also known other elements of the intelligence commu- ‘‘(2) No provision of law enacted after the as ‘end-to-end architecture’).’’. nity; date of the enactment of this subsection (c) REPORT.—(1) Not later than June 30, ‘‘(2) recommend policies designed— shall be deemed to limit or supersede the au- 2007, the Director of National Intelligence ‘‘(A) to promote economy, efficiency, and thority in paragraph (1) unless such provi- shall submit to Congress a report containing effectiveness in the administration and im- a strategy for the development and use of sion makes specific reference to the author- plementation of such programs and oper- technology in the intelligence community ity in that paragraph.’’. ations, and in such relationships; and through 2021. SEC. 405. CLARIFICATION OF LIMITATION ON CO- ‘‘(B) to prevent and detect fraud and abuse LOCATION OF THE OFFICE OF THE (2) The report shall include— DIRECTOR OF NATIONAL INTEL- (A) an assessment of the highest priority in such programs, operations, and relation- LIGENCE. intelligence gaps across the intelligence ships; Section 103(e) of the National Security Act community that may be resolved by the use ‘‘(3) provide a means for keeping the Direc- of 1947 (50 U.S.C. 403–3(e)) is amended— of technology; tor of National Intelligence fully and cur- (1) by striking ‘‘WITH’’ and inserting ‘‘OF (B) goals for advanced research and devel- rently informed about— HEADQUARTERS WITH HEADQUARTERS opment and a strategy to achieve such goals; ‘‘(A) problems and deficiencies relating to OF’’; (C) an explanation of how each advanced the administration and implementation of (2) by inserting ‘‘the headquarters of’’ be- research and development project funded such programs and operations, and to such fore ‘‘the Office’’; and under the National Intelligence Program ad- relationships; and (3) by striking ‘‘any other element’’ and in- dresses an identified intelligence gap; ‘‘(B) the necessity for, and the progress of, serting ‘‘the headquarters of any other ele- (D) a list of all current and projected re- corrective actions; and ment’’. search and development projects by research ‘‘(4) in the manner prescribed by this sec- SEC. 406. ADDITIONAL DUTIES OF THE DIRECTOR type (basic, advanced, or applied) with esti- tion, ensure that the congressional intel- OF SCIENCE AND TECHNOLOGY OF mated funding levels, estimated initiation ligence committees are kept similarly in- THE OFFICE OF THE DIRECTOR OF dates, and estimated completion dates; and formed of— NATIONAL INTELLIGENCE. (E) a plan to incorporate technology from ‘‘(A) significant problems and deficiencies (a) COORDINATION AND PRIORITIZATION OF research and development projects into Na- relating to the administration and imple- RESEARCH CONDUCTED BY ELEMENTS OF INTEL- tional Intelligence Program acquisition pro- mentation of such programs and operations, LIGENCE COMMUNITY.—Subsection (d) of sec- grams. and to such relationships; and tion 103E of the National Security Act of 1947 (3) The report may be submitted in classi- ‘‘(B) the necessity for, and the progress of, (50 U.S.C. 403–3e) is amended— fied form. corrective actions. (1) in paragraph (3)(A), by inserting ‘‘and SEC. 407. APPOINTMENT AND TITLE OF CHIEF IN- ‘‘(c) INSPECTOR GENERAL OF INTELLIGENCE prioritize’’ after ‘‘coordinate’’; and FORMATION OFFICER OF THE IN- COMMUNITY.—(1) There is an Inspector Gen- (2) by adding at the end the following new TELLIGENCE COMMUNITY. paragraph: (a) APPOINTMENT.— eral of the Intelligence Community, who ‘‘(4) In carrying out paragraph (3)(A), the (1) IN GENERAL.—Subsection (a) of section shall be the head of the Office of the Inspec- Committee shall identify basic, advanced, 103G of the National Security Act of 1947 (50 tor General of the Intelligence Community, and applied research programs to be carried U.S.C. 403–3g) is amended by striking ‘‘the who shall be appointed by the President, by out by elements of the intelligence commu- President, by and with the advice and con- and with the advice and consent of the Sen- nity.’’. sent of the Senate’’ and inserting ‘‘the Direc- ate. (b) DEVELOPMENT OF TECHNOLOGY GOALS.— tor of National Intelligence’’. ‘‘(2) The nomination of an individual for That section is further amended— (2) APPLICABILITY.—The amendment made appointment as Inspector General shall be (1) in subsection (c)— by paragraph (1) shall take effect on the date (A) in paragraph (4), by striking ‘‘and’’ at of the enactment of this Act, and shall apply made— the end; with respect to any appointment of an indi- ‘‘(A) without regard to political affiliation; (B) by redesignating paragraph (5) as para- vidual as Chief Information Officer of the In- ‘‘(B) solely on the basis of integrity, com- graph (8); and telligence Community that is made on or pliance with the security standards of the in- (C) by inserting after paragraph (4) the fol- after that date. telligence community, and prior experience lowing new paragraphs: (b) TITLE.—Such section is further amend- in the field of intelligence or national secu- ‘‘(5) assist the Director in establishing ed— rity; and goals for the elements of the intelligence (1) in subsection (a), by inserting ‘‘of the ‘‘(C) on the basis of demonstrated ability community to meet the technology needs of Intelligence Community’’ after ‘‘Chief Infor- in accounting, financial analysis, law, man- the intelligence community; mation Officer’’; agement analysis, public administration, or ‘‘(6) under the direction of the Director, es- (2) in subsection (b), by inserting ‘‘of the auditing. tablish engineering standards and specifica- Intelligence Community’’ after ‘‘Chief Infor- ‘‘(3) The Inspector General shall report di- tions applicable to each acquisition of a mation Officer’’; rectly to and be under the general super- major system (as that term is defined in sec- (3) in subsection (c), by inserting ‘‘of the vision of the Director of National Intel- tion 506A(e)(3)) by the intelligence commu- Intelligence Community’’ after ‘‘Chief Infor- ligence. nity; mation Officer’’; and ‘‘(7) ensure that each acquisition program (4) in subsection (d), by inserting ‘‘of the ‘‘(4) The Inspector General may be removed of the intelligence community for a major Intelligence Community’’ after ‘‘Chief Infor- from office only by the President. The Presi- system (as so defined) complies with the mation Officer’’ the first place it appears. dent shall immediately communicate in standards and specifications established SEC. 408. INSPECTOR GENERAL OF THE INTEL- writing to the congressional intelligence under paragraph (6); and’’; and LIGENCE COMMUNITY. committees the reasons for the removal of (2) by adding at the end the following new (a) ESTABLISHMENT.—(1) Title I of the Na- any individual from the position of Inspector subsection: tional Security Act of 1947 (50 U.S.C. 402 et General. ‘‘(e) GOALS FOR TECHNOLOGY NEEDS OF IN- seq.) is amended by inserting after section TELLIGENCE COMMUNITY.—In carrying out 103G the following new section: ‘‘(d) DUTIES AND RESPONSIBILITIES.—Sub- subsection (c)(5), the Director of Science and ‘‘INSPECTOR GENERAL OF THE INTELLIGENCE ject to subsections (g) and (h), it shall be the Technology shall— COMMUNITY duty and responsibility of the Inspector Gen- ‘‘(1) systematically identify and assess the ‘‘SEC. 103H. (a) OFFICE OF INSPECTOR GEN- eral of the Intelligence Community— most significant intelligence challenges that ERAL OF INTELLIGENCE COMMUNITY.—There is ‘‘(1) to provide policy direction for, and to require technical solutions; within the Office of the Director of National plan, conduct, supervise, and coordinate ‘‘(2) examine options to enhance the re- Intelligence an Office of the Inspector Gen- independently, the investigations, inspec- sponsiveness of research and design pro- eral of the Intelligence Community. tions, and audits relating to the programs

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4540 CONGRESSIONAL RECORD — SENATE April 16, 2007 and operations of the intelligence commu- tions by the Director or, on the rec- ‘‘(2) The Inspector General conducting an nity, the elements of the intelligence com- ommendation of the Director, other appro- investigation, inspection, or audit covered munity within the National Intelligence Pro- priate officials of the intelligence commu- by paragraph (1) shall submit the results of gram, and the relationships between the ele- nity, including loss of employment or the such investigation, inspection, or audit to ments of the intelligence community within termination of an existing contractual rela- any other Inspector General, including the the National Intelligence Program and the tionship. Inspector General of the Intelligence Com- other elements of the intelligence commu- ‘‘(3) The Inspector General is authorized to munity, with jurisdiction to conduct such in- nity to ensure they are conducted efficiently receive and investigate complaints or infor- vestigation, inspection, or audit who did not and in accordance with applicable law and mation from any person concerning the ex- conduct such investigation, inspection, or regulations; istence of an activity constituting a viola- audit. ‘‘(2) to keep the Director of National Intel- tion of laws, rules, or regulations, or mis- ‘‘(3)(A) If an investigation, inspection, or ligence fully and currently informed con- management, gross waste of funds, abuse of audit covered by paragraph (1) is conducted cerning violations of law and regulations, authority, or a substantial and specific dan- by an Inspector General other than the In- violations of civil liberties and privacy, and ger to the public health and safety. Once spector General of the Intelligence Commu- fraud and other serious problems, abuses, such complaint or information has been re- nity, the Inspector General of the Intel- and deficiencies that may occur in such pro- ceived from an employee of the Federal Gov- ligence Community may, upon completion of grams and operations, and in such relation- ernment— such investigation, inspection, or audit by ships, and to report the progress made in im- ‘‘(A) the Inspector General shall not dis- such other Inspector General, conduct under plementing corrective action; close the identity of the employee without this section a separate investigation, inspec- ‘‘(3) to take due regard for the protection the consent of the employee, unless the In- tion, or audit of the matter concerned if the of intelligence sources and methods in the spector General determines that such disclo- Inspector General of the Intelligence Com- preparation of all reports issued by the In- sure is unavoidable during the course of the munity determines that such initial inves- spector General, and, to the extent con- investigation or the disclosure is made to an tigation, inspection, or audit was deficient in sistent with the purpose and objective of official of the Department of Justice respon- some manner or that further investigation, such reports, take such measures as may be sible for determining whether a prosecution inspection, or audit is required. ‘‘(B) This paragraph shall not apply to the appropriate to minimize the disclosure of in- should be undertaken; and Inspector General of the Department of De- telligence sources and methods described in ‘‘(B) no action constituting a reprisal, or fense or to any other Inspector General with- such reports; and threat of reprisal, for making such com- in the Department of Defense. ‘‘(4) in the execution of the duties and re- plaint may be taken by any employee in a ‘‘(h) STAFF AND OTHER SUPPORT.—(1) The position to take such actions, unless the sponsibilities under this section, to comply Inspector General of the Intelligence Com- complaint was made or the information was with generally accepted government audit- munity shall be provided with appropriate disclosed with the knowledge that it was ing standards. and adequate office space at central and field false or with willful disregard for its truth or ‘‘(e) LIMITATIONS ON ACTIVITIES.—(1) The office locations, together with such equip- falsity. Director of National Intelligence may pro- ment, office supplies, maintenance services, ‘‘(4) The Inspector General shall have au- hibit the Inspector General of the Intel- and communications facilities and services thority to administer to or take from any ligence Community from initiating, carrying as may be necessary for the operation of person an oath, affirmation, or affidavit, out, or completing any investigation, inspec- such offices. tion, or audit if the Director determines that whenever necessary in the performance of ‘‘(2)(A) Subject to applicable law and the such prohibition is necessary to protect vital the duties of the Inspector General, which policies of the Director of National Intel- national security interests of the United oath, affirmation, or affidavit when adminis- ligence, the Inspector General shall select, States. tered or taken by or before an employee of appoint, and employ such officers and em- ‘‘(2) If the Director exercises the authority the Office of the Inspector General of the In- ployees as may be necessary to carry out the under paragraph (1), the Director shall sub- telligence Community designated by the In- functions of the Inspector General. The In- mit an appropriately classified statement of spector General shall have the same force spector General shall ensure that any officer the reasons for the exercise of such author- and effect as if administered or taken by or or employee so selected, appointed, or em- ity within 7 days to the congressional intel- before an officer having a seal. ployed has security clearances appropriate ligence committees. ‘‘(5)(A) Except as provided in subparagraph for the assigned duties of such officer or em- ‘‘(3) The Director shall advise the Inspector (B), the Inspector General is authorized to ployee. General at the time a report under para- require by subpoena the production of all in- ‘‘(B) In making selections under subpara- graph (2) is submitted, and, to the extent formation, documents, reports, answers, graph (A), the Inspector General shall ensure consistent with the protection of intel- records, accounts, papers, and other data and that such officers and employees have the ligence sources and methods, provide the In- documentary evidence necessary in the per- requisite training and experience to enable spector General with a copy of such report. formance of the duties and responsibilities of the Inspector General to carry out the duties ‘‘(4) The Inspector General may submit to the Inspector General. of the Inspector General effectively. the congressional intelligence committees ‘‘(B) In the case of departments, agencies, ‘‘(C) In meeting the requirements of this any comments on a report of which the In- and other elements of the United States Gov- paragraph, the Inspector General shall cre- spector General has notice under paragraph ernment, the Inspector General shall obtain ate within the Office of the Inspector Gen- (3) that the Inspector General considers ap- information, documents, reports, answers, eral of the Intelligence Community a career propriate. records, accounts, papers, and other data and cadre of sufficient size to provide appro- ‘‘(f) AUTHORITIES.—(1) The Inspector Gen- evidence for the purpose specified in sub- priate continuity and objectivity needed for eral of the Intelligence Community shall paragraph (A) using procedures other than the effective performance of the duties of the have direct and prompt access to the Direc- by subpoenas. Inspector General. tor of National Intelligence when necessary ‘‘(C) The Inspector General may not issue a ‘‘(3)(A) Subject to the concurrence of the for any purpose pertaining to the perform- subpoena for or on behalf of any other ele- Director, the Inspector General may request ance of the duties of the Inspector General. ment of the intelligence community, includ- such information or assistance as may be ‘‘(2)(A) The Inspector General shall have ing the Office of the Director of National In- necessary for carrying out the duties and re- access to any employee, or any employee of telligence. sponsibilities of the Inspector General from a contractor, of any element of the intel- ‘‘(D) In the case of contumacy or refusal to any department, agency, or other element of ligence community whose testimony is need- obey a subpoena issued under this paragraph, the United States Government. ed for the performance of the duties of the the subpoena shall be enforceable by order of ‘‘(B) Upon request of the Inspector General Inspector General. any appropriate district court of the United for information or assistance under subpara- ‘‘(B) The Inspector General shall have di- States. graph (A), the head of the department, agen- rect access to all records, reports, audits, re- ‘‘(g) COORDINATION AMONG INSPECTORS GEN- cy, or element concerned shall, insofar as is views, documents, papers, recommendations, ERAL OF INTELLIGENCE COMMUNITY.—(1) In practicable and not in contravention of any or other material which relate to the pro- the event of a matter within the jurisdiction existing statutory restriction or regulation grams and operations with respect to which of the Inspector General of the Intelligence of the department, agency, or element, fur- the Inspector General has responsibilities Community that may be subject to an inves- nish to the Inspector General, or to an au- under this section. tigation, inspection, or audit by both the In- thorized designee, such information or as- ‘‘(C) The level of classification or spector General of the Intelligence Commu- sistance. compartmentation of information shall not, nity and an Inspector General, whether stat- ‘‘(C) The Inspector General of the Intel- in and of itself, provide a sufficient rationale utory or administrative, with oversight re- ligence Community may, upon reasonable for denying the Inspector General access to sponsibility for an element or elements of notice to the head of any element of the in- any materials under subparagraph (B). the intelligence community, the Inspector telligence community, conduct, as author- ‘‘(D) Failure on the part of any employee, General of the Intelligence Community and ized by this section, an investigation, inspec- or any employee of a contractor, of any ele- such other Inspector or Inspectors General tion, or audit of such element and may enter ment of the intelligence community to co- shall expeditiously resolve which Inspector into any place occupied by such element for operate with the Inspector General shall be General shall conduct such investigation, in- purposes of the performance of the duties of grounds for appropriate administrative ac- spection, or audit. the Inspector General.

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‘‘(i) REPORTS.—(1)(A) The Inspector Gen- ‘‘(B) an investigation, inspection, or audit ployee’s intent to contact the congressional eral of the Intelligence Community shall, carried out by the Inspector General focuses intelligence committees directly; and not later than January 31 and July 31 of each on any current or former intelligence com- ‘‘(II) obtains and follows from the Director, year, prepare and submit to the Director of munity official who— through the Inspector General, direction on National Intelligence a classified, and, as ap- ‘‘(i) holds or held a position in an element how to contact the intelligence committees propriate, unclassified semiannual report of the intelligence community that is sub- in accordance with appropriate security summarizing the activities of the Office of ject to appointment by the President, wheth- practices. the Inspector General of the Intelligence er or not by and with the advice and consent ‘‘(iii) A member or employee of one of the Community during the immediately pre- of the Senate, including such a position held congressional intelligence committees who ceding 6-month periods ending December 31 on an acting basis; receives a complaint or information under (of the preceding year) and June 30, respec- ‘‘(ii) holds or held a position in an element clause (i) does so in that member or employ- tively. of the intelligence community, including a ee’s official capacity as a member or em- ‘‘(B) Each report under this paragraph position held on an acting basis, that is ap- ployee of such committee. shall include, at a minimum, the following: pointed by the Director of National Intel- ‘‘(E) The Inspector General shall notify an ‘‘(i) A list of the title or subject of each in- ligence; or employee who reports a complaint or infor- vestigation, inspection, or audit conducted ‘‘(iii) holds or held a position as head of an mation to the Inspector General under this during the period covered by such report, in- element of the intelligence community or a paragraph of each action taken under this cluding a summary of the progress of each position covered by subsection (b) or (c) of paragraph with respect to the complaint or information. Such notice shall be provided particular investigation, inspection, or audit section 106; not later than 3 days after any such action is since the preceding report of the Inspector ‘‘(C) a matter requires a report by the In- taken. General under this paragraph. spector General to the Department of Jus- ‘‘(ii) A description of significant problems, ‘‘(F) An action taken by the Director or tice on possible criminal conduct by a cur- the Inspector General under this paragraph abuses, and deficiencies relating to the ad- rent or former official described in subpara- ministration and implementation of pro- shall not be subject to judicial review. graph (B); ‘‘(G) In this paragraph, the term ‘urgent grams and operations of the intelligence ‘‘(D) the Inspector General receives notice concern’ means any of the following: community, and in the relationships between from the Department of Justice declining or ‘‘(i) A serious or flagrant problem, abuse, elements of the intelligence community, approving prosecution of possible criminal violation of law or Executive order, or defi- identified by the Inspector General during conduct of any current or former official de- ciency relating to the funding, administra- the period covered by such report. scribed in subparagraph (B); or tion, or operation of an intelligence activity ‘‘(iii) A description of the recommenda- ‘‘(E) the Inspector General, after exhaust- involving classified information, but does tions for corrective or disciplinary action ing all possible alternatives, is unable to ob- not include differences of opinions con- made by the Inspector General during the pe- tain significant documentary information in cerning public policy matters. riod covered by such report with respect to the course of an investigation, inspection, or ‘‘(ii) A false statement to Congress, or a significant problems, abuses, or deficiencies audit, willful withholding from Congress, on an identified in clause (ii). the Inspector General shall immediately no- issue of material fact relating to the fund- ‘‘(iv) A statement whether or not correc- tify and submit a report on such matter to ing, administration, or operation of an intel- tive or disciplinary action has been com- the congressional intelligence committees. ligence activity. pleted on each significant recommendation ‘‘(4) Pursuant to title V, the Director shall ‘‘(iii) An action, including a personnel ac- described in previous semiannual reports, submit to the congressional intelligence tion described in section 2302(a)(2)(A) of title and, in a case where corrective action has committees any report or findings and rec- 5, United States Code, constituting reprisal been completed, a description of such correc- ommendations of an investigation, inspec- or threat of reprisal prohibited under sub- tive action. tion, or audit conducted by the office which section (f)(3)(B) of this section in response to ‘‘(v) A certification whether or not the In- has been requested by the Chairman or Vice an employee’s reporting an urgent concern spector General has had full and direct ac- Chairman or Ranking Minority Member of in accordance with this paragraph. cess to all information relevant to the per- either committee. ‘‘(H) In support of this paragraph, Congress ‘‘(5)(A) An employee of an element of the formance of the functions of the Inspector makes the findings set forth in paragraphs intelligence community, an employee as- General. (1) through (6) of section 701(b) of the Intel- signed or detailed to an element of the intel- ‘‘(vi) A description of the exercise of the ligence Community Whistleblower Protec- ligence community, or an employee of a con- subpoena authority under subsection (f)(5) by tion Act of 1998 (title VII of Public Law 105– the Inspector General during the period cov- tractor to the intelligence community who 272; 5 U.S.C. App. 8H note). ered by such report. intends to report to Congress a complaint or ‘‘(6) In accordance with section 535 of title ‘‘(vii) Such recommendations as the In- information with respect to an urgent con- 28, United States Code, the Inspector General spector General considers appropriate for cern may report such complaint or informa- shall report to the Attorney General any in- legislation to promote economy, efficiency, tion to the Inspector General. formation, allegation, or complaint received and effectiveness in the administration and ‘‘(B) Not later than the end of the 14-cal- by the Inspector General relating to viola- implementation of programs and operations endar day period beginning on the date of re- tions of Federal criminal law that involves a undertaken by the intelligence community, ceipt from an employee of a complaint or in- program or operation of an element of the and in the relationships between elements of formation under subparagraph (A), the In- intelligence community, or in the relation- the intelligence community, and to detect spector General shall determine whether the ships between the elements of the intel- and eliminate fraud and abuse in such pro- complaint or information appears credible. ligence community, consistent with such grams and operations and in such relation- Upon making such a determination, the In- guidelines as may be issued by the Attorney ships. spector General shall transmit to the Direc- General pursuant to subsection (b)(2) of such ‘‘(C) Not later than the 30 days after the tor a notice of that determination, together section. A copy of each such report shall be date of receipt of a report under subpara- with the complaint or information. furnished to the Director. graph (A), the Director shall transmit the re- ‘‘(C) Upon receipt of a transmittal from the ‘‘(j) SEPARATE BUDGET ACCOUNT.—The Di- port to the congressional intelligence com- Inspector General under subparagraph (B), rector of National Intelligence shall, in ac- mittees together with any comments the Di- the Director shall, within seven calendar cordance with procedures to be issued by the rector considers appropriate. days of such receipt, forward such trans- Director in consultation with the congres- ‘‘(2)(A) The Inspector General shall report mittal to the congressional intelligence com- sional intelligence committees, include in immediately to the Director whenever the mittees, together with any comments the Di- the National Intelligence Program budget a Inspector General becomes aware of particu- rector considers appropriate. separate account for the Office of Inspector larly serious or flagrant problems, abuses, or ‘‘(D)(i) If the Inspector General does not General of the Intelligence Community. deficiencies relating to the administration find credible under subparagraph (B) a com- ‘‘(k) CONSTRUCTION OF DUTIES REGARDING and implementation of programs or oper- plaint or information submitted under sub- ELEMENTS OF INTELLIGENCE COMMUNITY.—Ex- ations of the intelligence community or in paragraph (A), or does not transmit the com- cept as resolved pursuant to subsection (g), the relationships between elements of the in- plaint or information to the Director in ac- the performance by the Inspector General of telligence community. curate form under subparagraph (B), the em- the Intelligence Community of any duty, re- ‘‘(B) The Director shall transmit to the ployee (subject to clause (ii)) may submit sponsibility, or function regarding an ele- congressional intelligence committees each the complaint or information to Congress by ment of the intelligence community shall report under subparagraph (A) within seven contacting either or both of the congres- not be construed to modify or effect the du- calendar days of receipt of such report, to- sional intelligence committees directly. ties and responsibilities of any other Inspec- gether with such comments as the Director ‘‘(ii) An employee may contact the intel- tor General, whether statutory or adminis- considers appropriate. ligence committees directly as described in trative, having duties and responsibilities re- ‘‘(3) In the event that— clause (i) only if the employee— lating to such element.’’. ‘‘(A) the Inspector General is unable to re- ‘‘(I) before making such a contact, fur- (2) The table of contents in the first sec- solve any differences with the Director af- nishes to the Director, through the Inspector tion of the National Security Act of 1947 is fecting the execution of the duties or respon- General, a statement of the employee’s com- amended by inserting after the item relating sibilities of the Inspector General; plaint or information and notice of the em- to section 103G the following new item:

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4542 CONGRESSIONAL RECORD — SENATE April 16, 2007 ‘‘Sec. 103H. Inspector General of the Intel- ‘‘(4) To evaluate independent analytic as- formation described in paragraph (2)(A) is ligence Community.’’. sessments of threats to classified United disseminated or provided to the Office of the (b) REPEAL OF SUPERSEDED AUTHORITY TO States space intelligence systems through- Director of National Intelligence as de- ESTABLISH POSITION.—Section 8K of the In- out all phases of the development, acquisi- scribed in that paragraph shall remain ex- spector General Act of 1978 (5 U.S.C. App.) is tion, and operation of such systems. empt from search, review, publication, or repealed. ‘‘(d) ACCESS TO INFORMATION.—The Direc- disclosure under section 552 of title 5, United (c) EXECUTIVE SCHEDULE LEVEL IV.—Sec- tor of National Intelligence shall ensure that States Code, to the extent the operational tion 5314 of title 5, United States Code, is the National Space Intelligence Center has files from which such information was de- amended by adding at the end the following access to all national intelligence informa- rived remain exempt from search, review, new item: tion (as appropriate), and such other infor- publication, or disclosure under section 552 ‘‘Inspector General of the Intelligence mation (as appropriate and practical), nec- of such title. Community.’’. essary for the Center to carry out the mis- ‘‘(b) SEARCH AND REVIEW OF CERTAIN ILES SEC. 409. LEADERSHIP AND LOCATION OF CER- sions of the Center under subsection (c). F .—Information disseminated or other- TAIN OFFICES AND OFFICIALS. ‘‘(e) SEPARATE BUDGET ACCOUNT.—The Di- wise provided to the Office of the Director of (a) NATIONAL COUNTER PROLIFERATION CEN- rector of National Intelligence shall include National Intelligence by another element of the intelligence community that is not ex- TER.—Section 119A(a) of the National Secu- in the National Intelligence Program budget rity Act of 1947 (50 U.S.C. 404o–1(a)) is amend- a separate line item for the National Space empt from search, review, publication, or ed— Intelligence Center.’’. disclosure under subsection (a), and that is authorized to be disseminated outside the Of- (1) by striking ‘‘(a) ESTABLISHMENT.—Not (2) CLERICAL AMENDMENT.—The table of fice, shall be subject to search and review later than 18 months after the date of the en- contents for that Act is amended by insert- under section 552 of title 5, United States actment of the National Security Intel- ing after the item relating to section 119B Code, but may remain exempt from publica- ligence Reform Act of 2004, the’’ and insert- the following new item: tion and disclosure under such section by the ing the following: ‘‘Sec. 119C. National Space Intelligence Cen- element disseminating or providing such in- ‘‘(a) IN GENERAL.— ter.’’. formation to the Office to the extent author- ‘‘(1) ESTABLISHMENT.—The’’; and (b) REPORT ON ORGANIZATION OF CENTER.— ized by such section. (2) by adding at the end the following new (1) REPORT REQUIRED.—Not later than 180 ‘‘(c) SEARCH AND REVIEW FOR CERTAIN PUR- paragraphs: days after the date of the enactment of this POSES.—Notwithstanding subsection (a), ex- ‘‘(2) DIRECTOR.—The head of the National Act, the Director of the National Space In- empted operational files shall continue to be Counter Proliferation Center shall be the Di- telligence Center shall submit to the Select subject to search and review for information rector of the National Counter Proliferation Committee on Intelligence of the Senate and concerning any of the following: Center, who shall be appointed by the Direc- the Permanent Select Committee on Intel- ‘‘(1) United States citizens or aliens law- tor of National Intelligence. ligence of the House of Representatives a re- fully admitted for permanent residence who ‘‘(3) LOCATION.—The National Counter Pro- port on the organizational structure of the have requested information on themselves liferation Center shall be located within the National Space Intelligence Center estab- pursuant to the provisions of section 552 or Office of the Director of National Intel- lished by section 119C of the National Secu- 552a of title 5, United States Code. ligence.’’. rity Act of 1947 (as added by subsection (a)). ‘‘(2) Any special activity the existence of (b) OFFICERS.—Section 103(c) of that Act (2) ELEMENTS.—The report required by which is not exempt from disclosure under (50 U.S.C. 403–3(c)) is amended— paragraph (1) shall include the following: the provisions of section 552 of title 5, United (1) by redesignating paragraph (9) as para- (A) The proposed organizational structure States Code. graph (13); and of the National Space Intelligence Center. ‘‘(3) The specific subject matter of an in- (2) by inserting after paragraph (8) the fol- (B) An identification of key participants in vestigation by any of the following for any lowing new paragraphs: the Center. impropriety, or violation of law, Executive ‘‘(9) The Chief Information Officer of the (C) A strategic plan for the Center during order, or Presidential directive, in the con- Intelligence Community. the five-year period beginning on the date of duct of an intelligence activity: ‘‘(10) The Inspector General of the Intel- the report. ‘‘(A) The Select Committee on Intelligence ligence Community. SEC. 411. OPERATIONAL FILES IN THE OFFICE OF of the Senate. ‘‘(11) The Director of the National Counter- THE DIRECTOR OF NATIONAL INTEL- ‘‘(B) The Permanent Select Committee on terrorism Center. LIGENCE. Intelligence of the House of Representatives. ‘‘(12) The Director of the National Counter (a) IN GENERAL.—Title VII of the National ‘‘(C) The Intelligence Oversight Board. Proliferation Center.’’. Security Act of 1947 (50 U.S.C. 431 et seq.) is ‘‘(D) The Department of Justice. SEC. 410. NATIONAL SPACE INTELLIGENCE CEN- amended by inserting before section 701 the ‘‘(E) The Office of the Director of National TER. following new section: Intelligence. (a) ESTABLISHMENT.— ‘‘OPERATIONAL FILES IN THE OFFICE OF THE ‘‘(F) The Office of the Inspector General of (1) IN GENERAL.—Title I of the National Se- DIRECTOR OF NATIONAL INTELLIGENCE the Intelligence Community.’’. curity Act of 1947 (50 U.S.C. 401 et seq.) is ‘‘SEC. 700. (a) EXEMPTION OF CERTAIN FILES (b) CLERICAL AMENDMENT.—The table of amended by adding after section 119B the fol- contents in the first section of that Act is FROM SEARCH, REVIEW, PUBLICATION, OR DIS- lowing new section: amended by inserting before the item relat- CLOSURE.—(1) Information and records de- ‘‘NATIONAL SPACE INTELLIGENCE CENTER scribed in paragraph (2) shall be exempt from ing to section 701 the following new item: ‘‘SEC. 119C. (a) ESTABLISHMENT.—There is the provisions of section 552 of title 5, United ‘‘Sec. 700. Operational files in the Office of established within the Office of the Director States Code, that require search, review, the Director of National Intel- of National Intelligence a National Space In- publication, or disclosure in connection ligence.’’. telligence Center. therewith when— SEC. 412. ELIGIBILITY FOR INCENTIVE AWARDS ‘‘(b) DIRECTOR OF NATIONAL SPACE INTEL- ‘‘(A) such information or records are not OF PERSONNEL ASSIGNED TO THE OFFICE OF THE DIRECTOR OF NA- LIGENCE CENTER.—The National Intelligence disseminated outside the Office of the Direc- TIONAL INTELLIGENCE. Officer for Science and Technology, or a suc- tor of National Intelligence; or (a) IN GENERAL.—Subsection (a) of section cessor position designated by the Director of ‘‘(B) such information or records are incor- 402 of the Intelligence Authorization Act for National Intelligence, shall act as the Direc- porated into new information or records cre- Fiscal Year 1984 (50 U.S.C. 403e–1) is amended tor of the National Space Intelligence Cen- ated by personnel of the Office in a manner to read as follows: ter. that identifies such new information or ‘‘(a) AUTHORITY FOR PAYMENT OF AWARDS.— ‘‘(c) MISSIONS.—The National Space Intel- records as incorporating such information or (1) The Director of National Intelligence ligence Center shall have the following mis- records and such new information or records may exercise the authority granted in sec- sions: are not disseminated outside the Office. tion 4503 of title 5, United States Code, with ‘‘(1) To coordinate and provide policy di- ‘‘(2) Information and records described in respect to Federal employees and members rection for the management of space-related this paragraph are the following: of the Armed Forces detailed or assigned to intelligence assets. ‘‘(A) Information disseminated or other- the Office of the Director of National Intel- ‘‘(2) To prioritize collection activities con- wise provided to an element of the Office of ligence in the same manner as such author- sistent with the National Intelligence Col- the Director of National Intelligence from ity may be exercised with respect to per- lection Priorities framework, or a successor the operational files of an element of the in- sonnel of the Office. framework or other document designated by telligence community that have been ex- ‘‘(2) The Director of the Central Intel- the Director of National Intelligence. empted from search, review, publication, or ligence Agency may exercise the authority ‘‘(3) To provide policy direction for pro- disclosure in accordance with this title or granted in section 4503 of title 5, United grams designed to ensure a sufficient cadre any other provision of law. States Code, with respect to Federal employ- of government and nongovernment personnel ‘‘(B) Any information or records created by ees and members of the Armed Forces de- in fields relating to space intelligence, in- the Office that incorporate information de- tailed or assigned to the Central Intelligence cluding programs to support education, re- scribed in subparagraph (A). Agency in the same manner as such author- cruitment, hiring, training, and retention of ‘‘(3) An operational file of an element of ity may be exercised with respect to per- qualified personnel. the intelligence community from which in- sonnel of the Agency.’’.

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(b) REPEAL OF OBSOLETE AUTHORITY.—That SEC. 416. APPLICABILITY OF THE PRIVACY ACT ment of Defense except as otherwise author- section is further amended— TO THE DIRECTOR OF NATIONAL IN- ized by law. TELLIGENCE AND THE OFFICE OF (1) by striking subsection (c); and (2) Except as provided in subparagraph (A) (2) by redesignating subsection (d) as sub- THE DIRECTOR OF NATIONAL INTEL- LIGENCE. or (B) of paragraph (1), the service, or the ad- section (c). (a) AUTHORITY TO EXEMPT.—The Director ministrative performance of duties, de- (c) EXPEDITIOUS PAYMENT.—That section is of National Intelligence may prescribe regu- scribed in that paragraph by an officer de- further amended by adding at the end the lations to exempt any system of records scribed in that paragraph shall not affect the following new subsection (d): status, position, rank, or grade of such offi- ‘‘(d) EXPEDITIOUS PAYMENT.—Payment of within the Office of the Director of National Intelligence from the applicability of the cer in the Armed Forces, or any emolument, an award under this authority in this section perquisite, right, privilege, or benefit inci- shall be made as expeditiously as is prac- provisions of subsections (c)(3), (c)(4), and (d) dent to or arising out of such status, posi- ticable after the making of the award.’’. of section 552a of title 5, United States Code. tion, rank, or grade. (d) CONFORMING AMENDMENTS.—That sec- (b) PROMULGATION REQUIREMENTS.—In pre- tion is further amended— scribing any regulations under subsection (3) A commissioned officer described in (1) in subsection (b), by striking ‘‘to the (a), the Director shall comply with the re- paragraph (1), while serving, or continuing in Central Intelligence Agency or to the Intel- quirements (including general notice re- the administrative performance of duties, as ligence Community Staff’’ and inserting ‘‘to quirements) of subsections (b), (c), and (e) of described in that paragraph and while re- the Office of the Director of National Intel- section 553 of title 5, United States Code. maining on active duty, shall continue to re- ligence or to the Central Intelligence Agen- Subtitle B—Central Intelligence Agency ceive military pay and allowances. Funds from which such pay and allowances are paid cy’’; and SEC. 421. DIRECTOR AND DEPUTY DIRECTOR OF (2) in subsection (c), as redesignated by THE CENTRAL INTELLIGENCE AGEN- shall be reimbursed from funds available to subsection (b)(2) of this section, by striking CY. the Director of the Central Intelligence ‘‘Director of Central Intelligence’’ and in- (a) ESTABLISHMENT OF POSITION OF DEPUTY Agency. serting ‘‘Director of National Intelligence or DIRECTOR OF CENTRAL INTELLIGENCE AGEN- (f) EFFECTIVE DATE AND APPLICABILITY.— Director of the Central Intelligence Agen- CY.—Section 104A of the National Security The amendments made by subsections (a) cy’’. Act of 1947 (50 U.S.C. 403–4a) is amended— through (d) shall take effect on the date of (e) TECHNICAL AND STYLISTIC AMEND- (1) by redesignating subsections (b), (c), the enactment of this Act and shall apply MENTS.—That section is further amended— (d), (e), (f), and (g) as subsections (c), (d), (e), upon the date of the cessation of the per- (1) in subsection (b)— (f), (g), and (h), respectively; and formance of the duties of Deputy Director of (A) by inserting ‘‘PERSONNEL ELIGIBLE FOR (2) by inserting after subsection (a) the fol- the Central Intelligence Agency by the indi- AWARDS.—’’ after ‘‘(b)’’; lowing new subsection (b): vidual administratively performing such du- (B) by striking ‘‘subsection (a) of this sec- ‘‘(b) DEPUTY DIRECTOR OF CENTRAL INTEL- ties as of the date of the enactment of this tion’’ and inserting ‘‘subsection (a)’’; and LIGENCE AGENCY.—(1) There is a Deputy Di- Act. (C) by striking ‘‘a date five years before rector of the Central Intelligence Agency SEC. 422. ENHANCED PROTECTION OF CENTRAL the date of enactment of this section’’ and who shall be appointed by the President, by INTELLIGENCE AGENCY INTEL- inserting ‘‘December 9, 1978’’; and and with the advice and consent of the Sen- LIGENCE SOURCES AND METHODS (2) in subsection (c), as so redesignated, by ate. FROM UNAUTHORIZED DISCLOSURE. inserting ‘‘PAYMENT AND ACCEPTANCE OF ‘‘(2) The Deputy Director of the Central In- (a) RESPONSIBILITY OF DIRECTOR OF CEN- AWARDS.—’’ after ‘‘(c)’’. telligence Agency shall assist the Director of TRAL INTELLIGENCE AGENCY UNDER NATIONAL SEC. 413. REPEAL OF CERTAIN AUTHORITIES RE- the Central Intelligence Agency in carrying SECURITY ACT OF 1947.—Subsection (e) of sec- LATING TO THE OFFICE OF THE NA- out the duties and responsibilities of the Di- tion 104A of the National Security Act of 1947 TIONAL COUNTERINTELLIGENCE EX- rector. (50 U.S.C. 403–4a), as redesignated by section ECUTIVE. ‘‘(3) The Deputy Director of the Central In- 421(b)(1) of this Act, is further amended— (a) REPEAL OF CERTAIN AUTHORITIES.—Sec- telligence Agency shall act for, and exercise (1) in paragraph (3), by striking ‘‘and’’ at tion 904 of the Counterintelligence Enhance- the powers of, the Director of the Central In- ment Act of 2002 (title IX of Public Law 107– the end; telligence Agency during the absence or dis- (2) by redesignating paragraph (4) as para- 306; 50 U.S.C. 402c) is amended— ability of the Director of the Central Intel- (1) by striking subsections (d), (g), (h), (i), graph (5); and ligence Agency or during a vacancy in the (3) by inserting after paragraph (3) the fol- and (j); and position of Director of the Central Intel- (2) by redesignating subsections (e), (f), (k), lowing new paragraph (4): ligence Agency.’’. ‘‘(4) protect intelligence sources and meth- (l), and (m) as subsections (d), (e), (f), (g), and (b) CONFORMING AMENDMENT.—Paragraph (h), respectively. ods of the Central Intelligence Agency from (2) of subsection (d) of such section, as redes- unauthorized disclosure, consistent with any (b) CONFORMING AMENDMENTS.—That sec- ignated by subsection (a)(1) of this section, is tion is further amended— direction issued by the President or the Di- further amended by striking ‘‘subsection (d)’’ rector of National Intelligence; and’’. (1) in subsection (d), as redesignated by and inserting ‘‘subsection (e)’’. (b) PROTECTION UNDER CENTRAL INTEL- subsection (a)(2) of this section, by striking (c) EXECUTIVE SCHEDULE LEVEL III.—Sec- ‘‘subsection (f)’’ each place it appears in tion 5314 of title 5, United States Code, is LIGENCE AGENCY ACT OF 1949.—Section 6 of paragraphs (1) and (2) and inserting ‘‘sub- amended by adding at the end the following the Central Intelligence Agency Act of 1949 section (e)’’; and new item: (50 U.S.C. 403g) is amended by striking ‘‘sec- (2) in subsection (e), as so redesignated— ‘‘Deputy Director of the Central Intel- tion 102A(i)’’ and all that follows through (A) in paragraph (1), by striking ‘‘sub- ligence Agency.’’. ‘‘unauthorized disclosure’’ and inserting ‘‘sections 102A(i) and 104A(e)(4) of the Na- section (e)(1)’’ and inserting ‘‘subsection (d) ROLE OF DNI IN APPOINTMENT.—Section (d)(1)’’; and 106(a)(2) of the National Security Act of 1947 tional Security Act of 1947 (50 U.S.C. 403–1(i), (B) in paragraph (2), by striking ‘‘sub- (50 U.S.C. 403–6) is amended by adding at the 403–4a(e)(4))’’. section (e)(2)’’ and inserting ‘‘subsection end the following new subparagraph: (c) CONSTRUCTION WITH EXEMPTION FROM (d)(2)’’. ‘‘(C) The Deputy Director of the Central REQUIREMENT FOR DISCLOSURE OF INFORMA- SEC. 414. INAPPLICABILITY OF FEDERAL ADVI- Intelligence Agency.’’. TION TO PUBLIC.—Section 104A(e)(4) of the SORY COMMITTEE ACT TO ADVISORY (e) MILITARY STATUS OF INDIVIDUAL SERV- National Security Act of 1947, as amended by COMMITTEES OF THE OFFICE OF ING AS DIRECTOR OF CENTRAL INTELLIGENCE subsection (a), and section 6 of the Central THE DIRECTOR OF NATIONAL INTEL- Intelligence Agency Act of 1949, as amended LIGENCE. AGENCY OR ADMINISTRATIVELY PERFORMING by subsection (b), shall be treated as statutes Section 4(b) of the Federal Advisory Com- DUTIES OF DEPUTY DIRECTOR OF CENTRAL IN- that specifically exempt from disclosure the mittee Act (5 U.S.C. App.) is amended— TELLIGENCE AGENCY.—(1) A commissioned of- matters specified in such sections for pur- (1) in paragraph (1), by striking ‘‘or’’; ficer of the Armed Forces who is serving as poses of section 552(b)(3) of title 5, United (2) in paragraph (2), by striking the period the Director of the Central Intelligence States Code. and inserting ‘‘; or’’; and Agency or is engaged in administrative per- (3) by adding at the end the following new formance of the duties of Deputy Director of (d) TECHNICAL AMENDMENTS TO CENTRAL IN- paragraph: the Central Intelligence Agency as of the TELLIGENCE AGENCY RETIREMENT ACT.—Sec- ‘‘(3) the Office of the Director of National date of the enactment of this Act shall not, tion 201(c) of the Central Intelligence Agency Intelligence.’’. while continuing in such service, or in the Retirement Act (50 U.S.C. 2011(c)) is amend- SEC. 415. MEMBERSHIP OF THE DIRECTOR OF NA- administrative performance of such duties, ed— TIONAL INTELLIGENCE ON THE after that date— (1) in the subsection caption, by striking TRANSPORTATION SECURITY OVER- (A) be subject to supervision or control by ‘‘OF DCI’’; SIGHT BOARD. the Secretary of Defense or by any officer or (2) by striking ‘‘section 102A(i)’’ and insert- Subparagraph (F) of section 115(b)(1) of employee of the Department of Defense; or ing ‘‘sections 102A(i) and 104A(e)(4)’’; title 49, United States Code, is amended to (B) exercise, by reason of the officer’s sta- (3) by striking ‘‘of National Intelligence’’; read as follows: tus as a commissioned officer, any super- and ‘‘(F) The Director of National Intelligence, vision or control with respect to any of the (4) by inserting ‘‘of the Central Intel- or the Director’s designee.’’. military or civilian personnel of the Depart- ligence Agency’’ after ‘‘methods’’.

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SEC. 423. ADDITIONAL EXCEPTION TO FOREIGN only in accordance with guidelines approved (d) FORM.—The report required by sub- LANGUAGE PROFICIENCY REQUIRE- by the Director and the Attorney General section (a) shall be submitted in unclassified MENT FOR CERTAIN SENIOR LEVEL and such personnel may not exercise any au- form, but may include a classified annex. POSITIONS IN THE CENTRAL INTEL- thority for the service of civil process or for (e) DEFINITIONS.—In this section: LIGENCE AGENCY. the investigation of criminal offenses;’’. (1) The term ‘‘Air America’’ means Air (a) ADDITIONAL EXCEPTION.—Subsection (h) America, Incorporated. SEC. 425. DIRECTOR OF NATIONAL INTEL- of section 104A of the National Security Act (2) The term ‘‘associated company’’ means of 1947 (50 U.S.C. 403–4a), as redesignated by LIGENCE REPORT ON RETIREMENT BENEFITS FOR FORMER EMPLOYEES any company associated with or subsidiary section 421(b)(1) of this Act, is further OF AIR AMERICA. to Air America, including Air Asia Company amended— (a) IN GENERAL.—Not later than 120 days Limited and the Pacific Division of Southern (1) in paragraph (1)— after the date of the enactment of this Act, Air Transport, Incorporated. (A) by striking ‘‘paragraph (2)’’ and insert- the Director of National Intelligence shall Subtitle C—Defense Intelligence Components ing ‘‘paragraphs (2) and (3)’’; and submit to Congress a report on the advis- (B) by striking ‘‘Directorate of Oper- SEC. 431. ENHANCEMENTS OF NATIONAL SECU- ability of providing Federal retirement bene- RITY AGENCY TRAINING PROGRAM. ations’’ and inserting ‘‘National Clandestine fits to United States citizens for the service (a) TERMINATION OF EMPLOYEES.—Sub- Service’’; of such individuals before 1977 as employees section (d)(1)(C) of section 16 of the National (2) in paragraph (2), by striking ‘‘position of Air America or an associated company Security Agency Act of 1959 (50 U.S.C. 402 or category of positions’’ each place it ap- while such company was owned or controlled note) is amended by striking ‘‘terminated ei- pears and inserting ‘‘individual, individuals, by the United States Government and oper- ther by’’ and all that follows and inserting position, or category of positions’’; and ated or managed by the Central Intelligence ‘‘terminated— (3) by adding at the end the following new Agency. ‘‘(i) by the Agency due to misconduct by paragraph: (b) REPORT ELEMENTS.—(1) The report re- the employee; ‘‘(3) Paragraph (1) shall not apply to any ‘‘(ii) by the employee voluntarily; or individual in the Directorate of Intelligence quired by subsection (a) shall include the fol- lowing: ‘‘(iii) by the Agency for the failure of the or the National Clandestine Service of the employee to maintain such level of academic Central Intelligence Agency who is serving (A) The history of Air America and associ- ated companies before 1977, including a de- standing in the educational course of train- in a Senior Intelligence Service position as ing as the Director of the National Security of December 23, 2005, regardless of whether scription of— (i) the relationship between such compa- Agency shall have specified in the agreement such individual is a member of the Senior In- of the employee under this subsection; and’’. telligence Service.’’. nies and the Central Intelligence Agency and other elements of the United States Govern- (b) AUTHORITY TO WITHHOLD DISCLOSURE OF (b) REPORT ON WAIVERS.—Section 611(c) of AFFILIATION WITH NSA.—Subsection (e) of ment; the Intelligence Authorization Act for Fiscal such section is amended by striking ‘‘(1) (ii) the workforce of such companies; Year 2005 (Public Law 108–487; 118 Stat. 3955) When an employee’’ and all that follows (iii) the missions performed by such com- is amended— through ‘‘(2) Agency efforts’’ and inserting panies and their employees for the United (1) by striking the first sentence and in- ‘‘Agency efforts’’. States; and serting the following new sentence: ‘‘The Di- SEC. 432. CODIFICATION OF AUTHORITIES OF NA- rector of the Central Intelligence Agency (iv) the casualties suffered by employees of TIONAL SECURITY AGENCY PROTEC- shall submit to Congress a report that iden- such companies in the course of their em- TIVE PERSONNEL. tifies individuals who, or positions within ployment with such companies. The National Security Agency Act of 1959 the Senior Intelligence Service in the Direc- (B) A description of the retirement benefits (50 U.S.C. 402 note) is amended by adding at torate of Intelligence or the National Clan- contracted for or promised to the employees the end the following new section: destine Service of the Central Intelligence of such companies before 1977, the contribu- ‘‘SEC. 21. (a) The Director is authorized to Agency that, are determined by the Director tions made by such employees for such bene- designate personnel of the Agency to per- to require a waiver under subsection (h) of fits, the retirement benefits actually paid form protective functions for the Director section 104A of the National Security Act of such employees, the entitlement of such em- and for any personnel of the Agency des- 1947, as added by subsection (a) and redesig- ployees to the payment of future retirement ignated by the Director. nated by section 421(b)(1) of the Intelligence benefits, and the likelihood that former em- ‘‘(b)(1) In the performance of protective functions under this section, personnel of the Authorization Act for Fiscal Year 2007.’’; and ployees of such companies will receive any Agency designated to perform protective (2) in the second sentence— future retirement benefits. functions pursuant to subsection (a) are au- (A) by striking ‘‘section 104A(g)(2), as so (C) An assessment of the difference be- thorized, when engaged in the performance added’’ and inserting ‘‘subsection (h)(2) of tween— of such functions, to make arrests without a section 104A, as so added and redesignated’’; (i) the retirement benefits that former em- ployees of such companies have received or warrant for— and ‘‘(A) any offense against the United States (B) by striking ‘‘position or category of po- will receive by virtue of their employment with such companies; and committed in the presence of such personnel; sitions’’ and inserting ‘‘individual, individ- or uals, position, or category of positions’’. (ii) the retirement benefits that such em- ployees would have received and in the fu- ‘‘(B) any felony cognizable under the laws SEC. 424. ADDITIONAL FUNCTIONS AND AU- ture receive if such employees had been, or of the United States if such personnel have THORITIES FOR PROTECTIVE PER- reasonable grounds to believe that the per- SONNEL OF THE CENTRAL INTEL- would now be, treated as employees of the LIGENCE AGENCY. United States whose services while in the son to be arrested has committed or is com- Section 5(a)(4) of the Central Intelligence employ of such companies had been or would mitting such felony. ‘‘(2) The authority in paragraph (1) may be Agency Act of 1949 (50 U.S.C. 403f(a)(4)) is now be credited as Federal service for the exercised only in accordance with guidelines amended— purpose of Federal retirement benefits. approved by the Director and the Attorney (1) by inserting ‘‘(A)’’ after ‘‘(4)’’; (D) The recommendations of the Director regarding the advisability of legislative ac- General. (2) in subparagraph (A), as so designated— ‘‘(3) Personnel of the Agency designated to tion to treat employment at such companies (A) by striking ‘‘and the protection’’ and perform protective functions pursuant to inserting ‘‘the protection’’; and as Federal service for the purpose of Federal subsection (a) shall not exercise any author- (B) by striking the semicolon and inserting retirement benefits in light of the relation- ity for the service of civil process or the in- ‘‘, and the protection of the Director of Na- ship between such companies and the United vestigation of criminal offenses. tional Intelligence and such personnel of the States Government and the services and sac- ‘‘(c) Nothing in this section shall be con- Office of the Director of National Intel- rifices of such employees to and for the strued to impair or otherwise affect any au- ligence as the Director of National Intel- United States, and if legislative action is thority under any other provision of law re- ligence may designate; and’’; and considered advisable, a proposal for such ac- lating to the performance of protective func- (3) by adding at the end the following new tion and an assessment of its costs. tions.’’. subparagraph: (2) The Director of National Intelligence SEC. 433. INSPECTOR GENERAL MATTERS. ‘‘(B) Authorize personnel engaged in the shall include in the report any views of the (a) COVERAGE UNDER INSPECTOR GENERAL performance of protective functions author- Director of the Central Intelligence Agency ACT OF 1978.—Subsection (a)(2) of section 8G ized pursuant to subparagraph (A), when en- on the matters covered by the report that of the Inspector General Act of 1978 (5 U.S.C. gaged in the performance of such functions, the Director of the Central Intelligence App. 8G) is amended— to make arrests without warrant for any of- Agency considers appropriate. (1) by inserting ‘‘the Defense Intelligence fense against the United States committed (c) ASSISTANCE OF COMPTROLLER GEN- Agency,’’ after ‘‘the Corporation for Public in the presence of such personnel, or for any ERAL.—The Comptroller General of the Broadcasting,’’; felony cognizable under the laws of the United States shall, upon the request of the (2) by inserting ‘‘the National Geospatial- United States, if such personnel have reason- Director of National Intelligence and in a Intelligence Agency,’’ after ‘‘the National able grounds to believe that the person to be manner consistent with the protection of Endowment for the Arts,’’; and arrested has committed or is committing classified information, assist the Director in (3) by inserting ‘‘the National Reconnais- such felony, except that any authority pur- the preparation of the report required by sance Office, the National Security Agency,’’ suant to this subparagraph may be exercised subsection (a). after ‘‘the National Labor Relations Board,’’.

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(b) CERTAIN DESIGNATIONS UNDER INSPEC- ‘‘(c) The Director of the National Security (3) in paragraph (3), as so redesignated, by TOR GENERAL ACT OF 1978.—Subsection (a) of Agency shall be the head of the National Se- striking ‘‘paragraph (1)’’ and inserting section 8H of the Inspector General Act of curity Agency and shall discharge such func- ‘‘paragraphs (1) and (2)’’. 1978 (5 U.S.C. App. 8H) is amended by adding tions and duties as are provided by this Act SEC. 436. SECURITY CLEARANCES IN THE NA- at the end the following new paragraph: or otherwise by law.’’. TIONAL GEOSPATIAL-INTELLIGENCE ‘‘(3) The Inspectors General of the Defense (b) DIRECTOR OF NATIONAL GEOSPATIAL-IN- AGENCY. Intelligence Agency, the National TELLIGENCE AGENCY.—Section 441(b) of title The Secretary of Defense shall, during the Geospatial-Intelligence Agency, the National 10, United States Code, is amended— period beginning on the date of the enact- Reconnaissance Office, and the National Se- (1) by redesignating paragraphs (2) and (3) ment of this Act and ending on December 31, curity Agency shall be designees of the In- as paragraphs (3) and (4), respectively; and 2007, delegate to the Director of the National spector General of the Department of De- (2) by inserting after paragraph (1) the fol- Geospatial-Intelligence Agency personnel se- fense for purposes of this section.’’. lowing new paragraph (2): curity authority with respect to the Na- (c) POWER OF HEADS OF ELEMENTS OVER IN- ‘‘(2) The Director of the National tional Geospatial-Intelligence Agency (in- VESTIGATIONS.—Subsection (d) of section 8G Geospatial Intelligence Agency shall be ap- cluding authority relating to the use of con- of that Act— pointed by the President, by and with the ad- tractor personnel in investigations and adju- (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; vice and consent of the Senate.’’. dications for security clearances) that is (2) in the second sentence of paragraph (1), (c) DIRECTOR OF NATIONAL RECONNAISSANCE identical to the personnel security authority as designated by paragraph (1) of this sub- OFFICE.—The Director of the National Re- of the Director of the National Security section, by striking ‘‘The head’’ and insert- connaissance Office shall be appointed by the Agency with respect to the National Secu- ing ‘‘Except as provided in paragraph (2), the President, by and with the advice and con- rity Agency. head’’; and sent of the Senate. Subtitle D—Other Elements (3) by adding at the end the following new (d) POSITIONS OF IMPORTANCE AND RESPON- SEC. 441. FOREIGN LANGUAGE INCENTIVE FOR paragraph: SIBILITY.— CERTAIN NON-SPECIAL AGENT EM- ‘‘(2)(A) The Director of National Intel- (1) DESIGNATION OF POSITIONS.—The Presi- PLOYEES OF THE FEDERAL BUREAU ligence or the Secretary of Defense may pro- dent may designate any of the positions re- OF INVESTIGATION. hibit the Inspector General of an element of ferred to in paragraph (2) as positions of im- (a) AUTHORITY TO PAY INCENTIVE.—The Di- the intelligence community specified in sub- portance and responsibility under section 601 rector of the Federal Bureau of Investigation paragraph (D) from initiating, carrying out, of title 10, United States Code. may pay a cash award authorized by section or completing any audit or investigation if (2) COVERED POSITIONS.—The positions re- 4523 of title 5, United States Code, in accord- the Director or the Secretary, as the case ferred to in this paragraph are as follows: ance with the provisions of such section, to may be, determines that the prohibition is (A) The Director of the National Security any employee of the Federal Bureau of Inves- necessary to protect vital national security Agency. tigation described in subsection (b) as if such interests of the United States. (B) The Director of the National employee were a law enforcement officer as ‘‘(B) If the Director or the Secretary exer- Geospatial-Intelligence Agency. specified in such section. cises the authority under subparagraph (A), (C) The Director of the National Recon- (b) COVERED EMPLOYEES.—An employee of the Director or the Secretary, as the case naissance Office. the Federal Bureau of Investigation de- may be, shall submit to the committees of (e) EFFECTIVE DATE AND APPLICABILITY.— scribed in this subsection is any employee of Congress specified in subparagraph (E) an ap- (1) The amendments made by subsections (a) the Federal Bureau of Investigation— propriately classified statement of the rea- and (b), and subsection (c), shall take effect (1) who uses foreign language skills in sup- sons for the exercise of the authority not on the date of the enactment of this Act and port of the analyses, investigations, or oper- later than seven days after the exercise of shall apply upon the earlier of— ations of the Bureau to protect against the authority. (A) the date of the nomination by the international terrorism or clandestine intel- ‘‘(C) At the same time the Director or the President of an individual to serve in the po- ligence activities (or maintains foreign lan- Secretary submits under subparagraph (B) a sition concerned, except that the individual guage skills for purposes of such support); statement on the exercise of the authority in serving in such position as of the date of the and subparagraph (A) to the committees of Con- enactment of this Act may continue to per- (2) whom the Director of the Federal Bu- gress specified in subparagraph (E), the Di- form such duties after such date of nomina- reau of Investigation, subject to the joint rector or the Secretary, as the case may be, tion and until the individual appointed to guidance of the Attorney General and the Di- shall notify the Inspector General of such such position, by and with the advice and rector of National Intelligence, may des- element of the submittal of such statement consent of the Senate, assumes the duties of ignate for purposes of this section. and, to the extent consistent with the pro- such position; or SEC. 442. AUTHORITY TO SECURE SERVICES BY tection of intelligence sources and methods, (B) the date of the cessation of the per- CONTRACT FOR THE BUREAU OF IN- provide the Inspector General with a copy of formance of the duties of such position by TELLIGENCE AND RESEARCH OF THE DEPARTMENT OF STATE. such statement. The Inspector General may the individual performing such duties as of submit to such committees of Congress any Title I of the State Department Basic Au- the date of the enactment of this Act. thorities Act of 1956 (22 U.S.C. 2651a et seq.) comments on a notice or statement received (2) Subsection (d) shall take effect on the is amended by inserting after section 23 the by the Inspector General under this subpara- date of the enactment of this Act. following new section: graph that the Inspector General considers SEC. 435. CLARIFICATION OF NATIONAL SECU- appropriate. RITY MISSIONS OF NATIONAL ‘‘SERVICES BY CONTRACT FOR BUREAU OF ‘‘(D) The elements of the intelligence com- GEOSPATIAL-INTELLIGENCE AGEN- INTELLIGENCE AND RESEARCH munity specified in this subparagraph are as CY FOR ANALYSIS AND DISSEMINA- ‘‘SEC. 23A. (a) AUTHORITY TO ENTER INTO follows: TION OF CERTAIN INTELLIGENCE CONTRACTS.—The Secretary may enter into ‘‘(i) The Defense Intelligence Agency. INFORMATION. contracts with individuals or organizations ‘‘(ii) The National Geospatial-Intelligence Section 442(a) of title 10, United States for the provision of services in support of the Agency. Code, is amended— mission of the Bureau of Intelligence and Re- ‘‘(iii) The National Reconnaissance Office. (1) by redesignating paragraph (2) as para- search of the Department of State if the Sec- ‘‘(iv) The National Security Agency. graph (3); retary determines that— ‘‘(E) The committees of Congress specified (2) by inserting after paragraph (1) the fol- ‘‘(1) the services to be procured are urgent in this subparagraph are— lowing new paragraph (2): or unique; and ‘‘(i) the Committee on Armed Services and ‘‘(2)(A) As directed by the Director of Na- ‘‘(2) it would not be practicable for the De- the Select Committee on Intelligence of the tional Intelligence, the National Geospatial- partment to obtain such services by other Senate; and Intelligence Agency shall also analyze, dis- means. ‘‘(ii) the Committee on Armed Services and seminate, and incorporate into the National ‘‘(b) TREATMENT AS EMPLOYEES OF THE the Permanent Select Committee on Intel- System for Geospatial-Intelligence, UNITED STATES GOVERNMENT.—(1) Individuals ligence of the House of Representatives.’’. likenesses, videos, or presentations produced employed under a contract pursuant to the SEC. 434. CONFIRMATION OF APPOINTMENT OF by ground-based platforms, including authority in subsection (a) shall not, by vir- HEADS OF CERTAIN COMPONENTS handheld or clandestine photography taken tue of the performance of services under such OF THE INTELLIGENCE COMMUNITY. by or on behalf of human intelligence collec- contract, be considered employees of the (a) DIRECTOR OF NATIONAL SECURITY AGEN- tion organizations or available as open- United States Government for purposes of CY.—The National Security Agency Act of source information. any law administered by the Office of Per- 1959 (50 U.S.C. 402 note) is amended by insert- ‘‘(B) The authority provided by this para- sonnel Management. ing after the first section the following new graph does not include the authority to man- ‘‘(2) The Secretary may provide for the ap- section: age or direct the tasking of, set require- plicability to individuals described in para- ‘‘SEC. 2. (a) There is a Director of the Na- ments and priorities for, set technical re- graph (1) of any law administered by the Sec- tional Security Agency. quirements related to, or modify any classi- retary concerning the employment of such ‘‘(b) The Director of the National Security fication or dissemination limitations related individuals. Agency shall be appointed by the President, to the collection of, handheld or clandestine ‘‘(c) CONTRACT TO BE APPROPRIATE MEANS by and with the advice and consent of the photography taken by or on behalf of human OF SECURING SERVICES.—The chief con- Senate. intelligence collection organizations.’’; and tracting officer of the Department of State

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4546 CONGRESSIONAL RECORD — SENATE April 16, 2007 shall ensure that each contract entered into (1) In section 1016(e)(10)(B) (6 U.S.C. SEC. 506. TECHNICAL AMENDMENTS RELATING by the Secretary under this section is the ap- 458(e)(10)(B)), by striking ‘‘Attorney Gen- TO THE MULTIYEAR NATIONAL IN- propriate means of securing the services to eral’’ the second place it appears and insert- TELLIGENCE PROGRAM. be provided under such contract.’’. ing ‘‘Department of Justice’’. (a) IN GENERAL.—Subsection (a) of section SEC. 443. CLARIFICATION OF INCLUSION OF (2) In section 1061 (5 U.S.C. 601 note)— 1403 of the National Defense Authorization COAST GUARD AND DRUG ENFORCE- (A) in subsection (d)(4)(A), by striking ‘‘Na- Act for Fiscal Year 1991 (50 U.S.C. 404b) is MENT ADMINISTRATION AS ELE- tional Intelligence Director’’ and inserting amended— MENTS OF THE INTELLIGENCE COM- ‘‘Director of National Intelligence’’; and (1) in the subsection caption, by striking MUNITY. (B) in subsection (h), by striking ‘‘National ‘‘FOREIGN’’; and Section 3(4) of the National Security Act of (2) by striking ‘‘foreign’’ each place it ap- 1947 (50 U.S.C. 401a(4)) is amended— Intelligence Director’’ and inserting ‘‘Direc- tor of National Intelligence’’. pears. (1) in subparagraph (H)— (b) RESPONSIBILITY OF DNI.—That section (3) In section 1071(e), by striking ‘‘(1)’’. (A) by inserting ‘‘the Coast Guard,’’ after is further amended— (4) In section 1072(b), by inserting ‘‘AGEN- ‘‘the Marine Corps,’’; and (1) in subsections (a) and (c), by striking CY’’ after ‘‘INTELLIGENCE’’. (B) by inserting ‘‘the Drug Enforcement ‘‘Director of Central Intelligence’’ and in- Administration,’’ after ‘‘the Federal Bureau (b) OTHER AMENDMENTS TO INTELLIGENCE serting ‘‘Director of National Intelligence’’; of Investigation,’’; and REFORM AND TERRORISM PREVENTION ACT OF and (2) in subparagraph (K), by striking ‘‘, in- 2004.—The Intelligence Reform and Ter- (2) in subsection (b), by inserting ‘‘of Na- cluding the Office of Intelligence of the rorism Prevention Act of 2004 (Public Law tional Intelligence’’ after ‘‘Director’’. Coast Guard’’. 108–458) is amended as follows: (c) CONFORMING AMENDMENT.—The heading SEC. 444. CLARIFYING AMENDMENTS RELATING (1) In section 2001 (28 U.S.C. 532 note)— of that section is amended to read as follows: TO SECTION 105 OF THE INTEL- (A) in subsection (c)(1), by inserting ‘‘of’’ ‘‘SEC. 1403. MULTIYEAR NATIONAL INTEL- LIGENCE AUTHORIZATION ACT FOR before ‘‘an institutional culture’’; LIGENCE PROGRAM.’’. FISCAL YEAR 2004. (B) in subsection (e)(2), by striking ‘‘the SEC. 507. TECHNICAL AMENDMENTS TO THE EX- Section 105(b) of the Intelligence Author- National Intelligence Director in a manner ECUTIVE SCHEDULE. ization Act for Fiscal Year 2004 (Public Law consistent with section 112(e)’’ and inserting (a) EXECUTIVE SCHEDULE LEVEL II.—Sec- 108–177; 117 Stat. 2603; 31 U.S.C. 311 note) is ‘‘the Director of National Intelligence in a tion 5313 of title 5, United States Code, is amended— manner consistent with applicable law’’; and amended by striking the item relating to the (1) by striking ‘‘Director of Central Intel- (C) in subsection (f), by striking ‘‘shall,’’ in Director of Central Intelligence and insert- ligence’’ and inserting ‘‘Director of National the matter preceding paragraph (1) and in- ing the following new item: Intelligence’’; and serting ‘‘shall’’. ‘‘Director of the Central Intelligence Agen- (2) by inserting ‘‘or in section 313 of such (2) In section 2006 (28 U.S.C. 509 note)— cy.’’. title,’’ after ‘‘subsection (a)),’’. (A) in paragraph (2), by striking ‘‘the Fed- (b) EXECUTIVE SCHEDULE LEVEL III.—Sec- TITLE V—OTHER MATTERS eral’’ and inserting ‘‘Federal’’; and tion 5314 of title 5, United States Code, is SEC. 501. TECHNICAL AMENDMENTS TO THE NA- (B) in paragraph (3), by striking ‘‘the spe- amended by striking the item relating to the TIONAL SECURITY ACT OF 1947. cific’’ and inserting ‘‘specific’’. Deputy Directors of Central Intelligence. The National Security Act of 1947 (50 (c) EXECUTIVE SCHEDULE LEVEL IV.—Sec- U.S.C. 401 et seq.) is amended as follows: SEC. 504. TECHNICAL AMENDMENTS TO TITLE 10, tion 5315 of title 5, United States Code, is UNITED STATES CODE, ARISING (1) In section 102A (50 U.S.C. 403–1)— amended by striking the item relating to the FROM ENACTMENT OF THE INTEL- General Counsel of the Office of the National (A) in subsection (c)(7)(A), by striking LIGENCE REFORM AND TERRORISM ‘‘section’’ and inserting ‘‘subsection’’; PREVENTION ACT OF 2004. Intelligence Director and inserting the fol- (B) in subsection (d)— lowing new item: (a) REFERENCES TO HEAD OF INTELLIGENCE (i) in paragraph (3), by striking ‘‘subpara- ‘‘General Counsel of the Office of the Di- COMMUNITY.—Title 10, United States Code, is rector of National Intelligence.’’. graph (A)’’ in the matter preceding subpara- amended by striking ‘‘Director of Central In- graph (A) and inserting ‘‘paragraph (1)(A)’’; SEC. 508. TECHNICAL AMENDMENTS RELATING telligence’’ each place it appears in a provi- TO REDESIGNATION OF THE NA- (ii) in paragraph (5)(A), by striking ‘‘or per- sion as follows and inserting ‘‘Director of sonnel’’ in the matter preceding clause (i); TIONAL IMAGERY AND MAPPING National Intelligence’’: AGENCY AS THE NATIONAL and (1) Section 193(d)(2). GEOSPATIAL-INTELLIGENCE AGEN- (iii) in paragraph (5)(B), by striking ‘‘or (2) Section 193(e). CY. agency involved’’ in the second sentence and (3) Section 201(a). (a) TITLE 5, UNITED STATES CODE.—(1) Title inserting ‘‘involved or the Director of the (4) Section 201(b)(1). 5, United States Code, is amended by strik- Central Intelligence Agency (in the case of (5) Section 201(c)(1). ing ‘‘National Imagery and Mapping Agen- the Central Intelligence Agency)’’; (6) Section 425(a). cy’’ each place it appears in a provision as (C) in subsection (l)(2)(B), by striking ‘‘sec- (7) Section 431(b)(1). follows and inserting ‘‘National Geospatial- tion’’ and inserting ‘‘paragraph’’; and (8) Section 441(c). Intelligence Agency’’: (D) in subsection (n), by inserting ‘‘AND (9) Section 441(d). (A) Section 2302(a)(2)(C)(ii). OTHER’’ after ‘‘ACQUISITION’’. (10) Section 443(d). (B) Section 3132(a)(1)(B). (2) In section 119(c)(2)(B) (50 U.S.C. (11) Section 2273(b)(1). (C) Section 4301(1) (in clause (ii)). 404o(c)(2)(B)), by striking ‘‘subsection (h)’’ (12) Section 2723(a). (D) Section 4701(a)(1)(B). and inserting ‘‘subsection (i)’’. (E) Section 5102(a)(1) (in clause (x)). (b) CLERICAL AMENDMENTS.—Such title is (3) In section 705(e)(2)(D)(i) (50 U.S.C. (F) Section 5342(a)(1) (in clause (K)). further amended by striking ‘‘DIRECTOR OF 432c(e)(2)(D)(i)), by striking ‘‘responsible’’ (G) Section 6339(a)(1)(E). and inserting ‘‘responsive’’. CENTRAL INTELLIGENCE’’ each place it ap- pears in a provision as follows and inserting (H) Section 7323(b)(2)(B)(i)((XIII). SEC. 502. TECHNICAL CLARIFICATION OF CER- (2) Section 6339(a)(2)(E) of such title is ‘‘DIRECTOR OF NATIONAL INTELLIGENCE’’: TAIN REFERENCES TO JOINT MILI- amended by striking ‘‘National Imagery and (1) Section 441(c). TARY INTELLIGENCE PROGRAM AND Mapping Agency, the Director of the Na- (2) Section 443(d). TACTICAL INTELLIGENCE AND RE- tional Imagery and Mapping Agency’’ and in- LATED ACTIVITIES. (c) REFERENCE TO HEAD OF CENTRAL INTEL- serting ‘‘National Geospatial-Intelligence Section 102A of the National Security Act LIGENCE AGENCY.—Section 444 of such title is Agency, the Director of the National of 1947 (50 U.S.C. 403–1) is amended— amended by striking ‘‘Director of Central In- Geospatial-Intelligence Agency’’. (1) in subsection (c)(3)(A), by striking ‘‘an- telligence’’ each place it appears and insert- (b) TITLE 44, UNITED STATES CODE.—(1)(A) nual budgets for the Joint Military Intel- ing ‘‘Director of the Central Intelligence Section 1336 of title 44, United States Code, ligence Program and for Tactical Intel- Agency’’. is amended by striking ‘‘National Imagery ligence and Related Activities’’ and insert- and Mapping Agency’’ both places it appears ing ‘‘annual budget for the Military Intel- SEC. 505. TECHNICAL AMENDMENT TO THE CEN- and inserting ‘‘National Geospatial-Intel- ligence Program or any successor program or TRAL INTELLIGENCE AGENCY ACT OF 1949. ligence Agency’’. programs’’; and Section 5(a)(1) of the Central Intelligence (B) The heading of such section is amended (2) in subsection (d)(1)(B), by striking to read as follows: ‘‘Joint Military Intelligence Program’’ and Agency Act of 1949 (50 U.S.C. 403f(a)(1)) is ‘‘§ 1336. National Geospatial-Intelligence inserting ‘‘Military Intelligence Program or amended by striking ‘‘authorized under para- Agency: special publications’’. any successor program or programs’’. graphs (2) and (3) of section 102(a), sub- (2) The table of sections at the beginning of SEC. 503. TECHNICAL AMENDMENTS TO THE IN- sections (c)(7) and (d) of section 103, sub- TELLIGENCE REFORM AND TER- sections (a) and (g) of section 104, and section chapter 13 of such title is amended by strik- RORISM PREVENTION ACT OF 2004. 303 of the National Security Act of 1947 (50 ing the item relating to section 1336 and in- (a) AMENDMENTS TO NATIONAL SECURITY IN- U.S.C. 403(a)(2), (3), 403–3(c)(7), (d), 403–4(a), serting the following new item: TELLIGENCE REFORM ACT OF 2004.—The Na- (g), and 405)’’ and inserting ‘‘authorized ‘‘1336. National Geospatial-Intelligence tional Security Intelligence Reform Act of under subsections (d), (e), (f), and (g) of sec- Agency: special publications.’’. 2004 (title I of Public Law 108–458) is further tion 104A of the National Security Act of 1947 (c) HOMELAND SECURITY ACT OF 2002.—Sec- amended as follows: (50 U.S.C. 403–4a).’’. tion 201(f)(2)(E) of the Homeland Security

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY April 16, 2007 CONGRESSIONAL RECORD — SENATE S4547 Act of 2002 (6 U.S.C. 121(f)(2)(E)) is amended ceives embassies, establishes the public secu- nent Select Committee on Intelligence of the by striking ‘‘National Imagery and Mapping rity, and provides against invasions’’. House of Representatives that the Govern- Agency’’ and inserting ‘‘National Geospatial- (3) In a speech to Congress in 1789, James ment of Nicaragua was planning to use mili- Intelligence Agency’’. Madison noted that the ‘‘association of the tary force against coterminous states. (d) INSPECTOR GENERAL ACT OF 1978.—Sec- Senate with the President in exercising [the (12) In 1980, Representative Charlie Wilson tion 8H of the Inspector General Act of 1978 appointment] function, is an exception to began urging the Central Intelligence Agen- (5 U.S.C. App.) is amended by striking ‘‘Na- this general rule [that executive power is cy to arm Afghani mujahideen fighters. The tional Imagery and Mapping Agency’’ each vested solely in the President]; and excep- decision to double funding to Afghanistan place it appears and inserting ‘‘National tions to general rules . . . are ever to be was unsolicited and was made without the Geospatial-Intelligence Agency’’. taken strictly’’. knowledge of the President. The book ‘‘Char- (e) ETHICS IN GOVERNMENT ACT OF 1978.— (4) In 1790, Thomas Jefferson wrote, ‘‘The lie Wilson’s War’’, written by George Crile, Section 105(a)(1) of the Ethics in Government transaction of business with foreign nations asserts that Representative Wilson thus vio- Act of 1978 (5 U.S.C. App.) is amended by is executive altogether. It belongs, then, to lated the Logan Act. striking ‘‘National Imagery and Mapping the head of that department, except as to (13) In 1983, the decision of Congress to at- Agency’’ and inserting ‘‘National Geospatial- such portions of it as are specially submitted tach a stipulation to legislation authorizing Intelligence Agency’’. to the Senate. Exceptions are to be con- the extension of the presence of the Marines (f) OTHER ACTS.—(1) Section 7(b)(2)(A)(i) of strued strictly.’’. in Beirut, which stated that the extension the Employee Polygraph Protection Act of (5) Alexander Hamilton reaffirmed this could be withdrawn if fatalities continued, 1988 (29 U.S.C. 2006(b)(2)(A)(i)) is amended by view in 1793, asserting ‘‘that as the participa- possibly led to the suicide bombing of the striking ‘‘National Imagery and Mapping tion of the Senate in the making of treaties, Marine barracks on October 23, 1983, causing Agency’’ and inserting ‘‘National Geospatial- and the power of the legislature to declare the deaths of 241 members of the Armed Intelligence Agency’’. war, are exceptions out of the general ‘execu- Forces of the United States. (2) Section 207(a)(2)(B) of the Legislative tive power’ vested in the President, they are (14) It is essential that the President alone Branch Appropriations Act, 1993 (44 U.S.C. to be construed strictly, and ought to be ex- have the ability to formulate foreign policy 501 note) is amended by striking ‘‘National tended no further than is essential to their and engage in diplomacy. Imagery and Mapping Agency’’ and inserting execution’’. (15) The offices of the Speaker of the House ‘‘National Geospatial-Intelligence Agency’’. (6) John Marshall, during his congressional of Representatives and the Majority Leader term in 1799, reaffirmed that the President of the Senate are positions of special respon- SA 878. Mr. COBURN submitted an was ‘‘the sole organ of the nation in its ex- sibility, seen as ‘‘authoritative’’ by foreign amendment intended to be proposed by ternal relations’’ because ‘‘[h]e possesses the governments, and thus, the Speaker of the whole Executive Power’’. him to the bill S. 372, to authorize ap- House and the Majority Leader of the Senate (7) In 1936, the Supreme Court, in United should be held accountable for actions that propriations for fiscal year 2007 for the States v. Curtiss-Wright Export Corporation, 299 intelligence and intelligence-related may be seen by foreign governments as con- U.S. 304, stated, ‘‘Not only, as we have trary to the foreign policy goals of the Presi- activities of the United States Govern- shown, is the federal power over external af- dent. fairs in origin and essential character dif- ment, the Intelligence Community (16) Recent actions by Speaker of the ferent from that over internal affairs, but Management Account, and the Central House Nancy Pelosi, whether intentionally participation in the exercise of the power is Intelligence Agency Retirement and or unintentionally, have undermined the significantly limited. In this vast external Disability System, and for other pur- President’s foreign policy toward Syria by realm, with its important, complicated, deli- giving a false impression of the positions of poses; which was ordered to lie on the cate and manifold problems, the President the United States and Israel on negotiations table; as follows: alone has the power to speak or listen as a with the Government of Syria. At the appropriate place insert: representative of the nation. He makes trea- (17) It is essential that Members of Con- ties with the advise and consent of the Sen- SEC. ll. JURISDICTION OVER INTELLIGENCE gress be viewed as supportive of the Presi- ate; but he alone negotiates. Into the field of APPROPRIATIONS. dent’s execution of foreign policy. Notwithstanding subparagraph (b) of para- negotiation the Senate cannot intrude, and Congress itself is powerless to invade it.’’. (18) It is harmful and dangerous for the ex- graph 1 of rule XXV of the Standing Rules of ecutive power of the President to be sub- the Senate, the Select Committee on Intel- (8) Section 953 of title 18, United States Code, originally enacted in 1799 as the Logan jugated by Congress. ligence shall have jurisdiction over all pro- (b) SENSE OF CONGRESS.—It is the sense of Act (1 Stat. 613), states, ‘‘Any citizen of the posed legislation, messages, petitions, me- Congress that— United States, wherever he may be, who, morials, and other matters relating to appro- (1) it is not in the interests of the United priation, rescission of appropriations, and without authority of the United States, di- rectly or indirectly commences or carries on States for Members of Congress to intervene new spending authority related to funding in disputes between the United States Gov- for intelligence matters. any correspondence or intercourse with any foreign government or any officer or agent ernment and governments of foreign coun- tries without the authorization of the Presi- SA 879. Mr. INHOFE (for himself and thereof, with intent to influence the meas- ures or conduct of any foreign government or dent; and Mr. CRAIG) submitted an amendment of any officer or agent thereof, in relation to (2) Members of Congress should heed the intended to be proposed by him to the any disputes or controversies with the foreign policies of the President while trav- bill S. 372, to authorize appropriations United States, or to defeat the measures of eling outside the United States and meeting for fiscal year 2007 for the intelligence the United States, shall be fined under this with foreign governments. and intelligence-related activities of title or imprisoned not more than three SA 880. Mr. INHOFE (for himself and the United States Government, the In- years, or both. This section shall not abridge Mr. CRAIG) submitted an amendment telligence Community Management the right of a citizen to apply himself, or his intended to be proposed by him to the Account, and the Central Intelligence agent, to any foreign government, or the bill S. 372, to authorize appropriations Agency Retirement and Disability Sys- agents thereof, for redress of any injury which he may have sustained from such gov- for fiscal year 2007 for the intelligence tem, and for other purposes; which was ernment or any of its agents or subjects.’’. and intelligence-related activities of ordered to lie on the table; as follows: (9) In 1952, Senator Arthur Vandenberg as- the United States Government, the In- At the end, insert the following: serted that ‘‘politics stop at the water’s telligence Community Management edge’’. SEC. ll. SENSE OF CONGRESS REGARDING Account, and the Central Intelligence PRESIDENTIAL AUTHORITY TO CON- (10) Intrusions on the executive power of TROL FOREIGN POLICY. the President by Members of Congress have Agency Retirement and Disability Sys- (a) FINDINGS.—Congress finds the fol- had negative effects on foreign policy, and, tem, and for other purposes; which was lowing: in the past, some Members of Congress have ordered to lie on the table; as follows: (1) Article II, section 1 of the Constitution tried to subvert the goals and aims of the ex- At the end, insert the following: of the United States grants ‘‘executive ecutive branch by pursuing foreign policy SEC. ll. SENSE OF CONGRESS REGARDING Power’’ to the President of the United goals that are contrary to those of the Presi- PRESIDENTIAL AUTHORITY TO CON- States. dent. TROL FOREIGN POLICY. (2) James Madison wrote in Federalist No. (11) In 1987 and 1988, Speaker of the House (a) FINDINGS.—Congress finds the fol- 47 that Charles de Montesquieu was ‘‘[t]he Jim Wright attempted to engage in diplo- lowing: oracle who is always consulted and cited’’ on macy between the Sandinista Government of (1) Article II, section 1 of the Constitution issues dealing with separation of powers, Nicaragua and the Contra regime against the of the United States grants ‘‘executive and, in ‘‘The Spirit of the Laws’’, expressed aims of President Ronald Reagan. Power’’ to the President of the United Montesquieu defined the executive power ‘‘in Speaker Wright’s actions undermined the au- States. respect to things dependent on the law of na- thority and leveraging power of the Presi- (2) James Madison wrote in Federalist No. tions’’ and as the power by which the ‘‘mag- dent at a crucial time in the Nation’s history 47 that Charles de Montesquieu was ‘‘[t]he istrate . . . makes peace or war, sends or re- and also ignored the finding of the Perma- oracle who is always consulted and cited’’ on

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4548 CONGRESSIONAL RECORD — SENATE April 16, 2007 issues dealing with separation of powers, Nicaragua and the Contra regime against the SEC. 426. AVAILABILITY OF THE EXECUTIVE SUM- and, in ‘‘The Spirit of the Laws’’, expressed aims of President Ronald Reagan. MARY OF THE REPORT ENTITLED Montesquieu defined the executive power ‘‘in Speaker Wright’s actions undermined the au- ‘‘CIA ACCOUNTABILITY WITH RE- SPECT TO THE 9/11 ATTACKS’’. respect to things dependent on the law of na- thority and leveraging power of the Presi- (a) PUBLIC AVAILABILITY.—Not later than tions’’ and as the power by which the ‘‘mag- dent at a crucial time in the Nation’s history 30 days after the date of the enactment of istrate . . . makes peace or war, sends or re- and also ignored the finding of the Perma- this Act, the Director of the Central Intel- ceives embassies, establishes the public secu- nent Select Committee on Intelligence of the ligence Agency shall make available to the rity, and provides against invasions’’. House of Representatives that the Govern- public an unclassified version of the Execu- (3) In a speech to Congress in 1789, James ment of Nicaragua was planning to use mili- tive Summary of the report of the Inspector Madison noted that the ‘‘association of the tary force against coterminous states. General of the Central Intelligence Agency Senate with the President in exercising [the (12) In 1980, Representative Charlie Wilson entitled ‘‘Office of Inspector General Report appointment] function, is an exception to began urging the Central Intelligence Agen- this general rule [that executive power is on Central Intelligence Agency Account- cy to arm Afghani mujahideen fighters. The ability Regarding Findings and Conclusion of vested solely in the President]; and excep- decision to double funding to Afghanistan tions to general rules . . . are ever to be the Report of the Joint Inquiry into Intel- was unsolicited and was made without the ligence Community Activities Before and taken strictly’’. knowledge of the President. The book ‘‘Char- (4) In 1790, Thomas Jefferson wrote, ‘‘The After the Terrorist Attack of September 11, lie Wilson’s War’’, written by George Crile, 2001’’ issued in June 2005 that redacts any transaction of business with foreign nations asserts that Representative Wilson thus vio- is executive altogether. It belongs, then, to classified material contained in the Execu- lated the Logan Act. the head of that department, except as to tive Summary. (13) In 1983, the decision of Congress to at- such portions of it as are specially submitted (b) REPORT TO CONGRESS.—The Director of tach a stipulation to legislation authorizing to the Senate. Exceptions are to be con- the Central Intelligence Agency shall submit the extension of the presence of the Marines strued strictly.’’. to Congress a classified annex to the re- (5) Alexander Hamilton reaffirmed this in Beirut, which stated that the extension dacted Executive Summary made available view in 1793, asserting ‘‘that as the participa- could be withdrawn if fatalities continued, under subsection (a) that explains the reason tion of the Senate in the making of treaties, possibly led to the suicide bombing of the that any redacted material in the Executive and the power of the legislature to declare Marine barracks on October 23, 1983, causing Summary was withheld from the public. war, are exceptions out of the general ‘execu- the deaths of 241 members of the Armed tive power’ vested in the President, they are Forces of the United States. SA 882. Mr. KYL submitted an to be construed strictly, and ought to be ex- (14) It is essential that the President alone amendment intended to be proposed by tended no further than is essential to their have the ability to formulate foreign policy him to the bill S. 372, to authorize ap- and engage in diplomacy. execution’’. propriations for fiscal year 2007 for the (15) The offices of the Speaker of the House (6) John Marshall, during his congressional intelligence and intelligence-related term in 1799, reaffirmed that the President of Representatives and the Majority Leader was ‘‘the sole organ of the nation in its ex- of the Senate are positions of special respon- activities of the United States Govern- ternal relations’’ because ‘‘[h]e possesses the sibility, seen as ‘‘authoritative’’ by foreign ment, the Intelligence Community whole Executive Power’’. governments, and thus, the Speaker of the Management Account, and the Central (7) In 1936, the Supreme Court, in United House and the Majority Leader of the Senate Intelligence Agency Retirement and States v. Curtiss-Wright Export Corporation, 299 should be held accountable for actions that Disability System, and for other pur- U.S. 304, stated, ‘‘Not only, as we have may be seen by foreign governments as con- poses; which was ordered to lie on the shown, is the federal power over external af- trary to the foreign policy goals of the Presi- table; as follows: fairs in origin and essential character dif- dent. ferent from that over internal affairs, but (16) Recent actions by Speaker of the On page 43, line 14, strike the period and participation in the exercise of the power is House Nancy Pelosi, whether intentionally insert ‘‘, if the Director of National Intel- significantly limited. In this vast external or unintentionally, have undermined the ligence determines that publication of such realm, with its important, complicated, deli- President’s foreign policy toward Syria by description or determination would not en- cate and manifold problems, the President giving a false impression of the positions of danger national security.’’ alone has the power to speak or listen as a the United States and Israel on negotiations representative of the nation. He makes trea- with the Government of Syria. SA 883. Mr. ENSIGN submitted an ties with the advise and consent of the Sen- (17) It is essential that Members of Con- amendment intended to be proposed by ate; but he alone negotiates. Into the field of gress be viewed as supportive of the Presi- him to the bill S. 372, to authorize ap- negotiation the Senate cannot intrude, and dent’s execution of foreign policy. propriations for fiscal year 2007 for the Congress itself is powerless to invade it.’’. (18) It is harmful and dangerous for the ex- intelligence and intelligence-related (8) Section 953 of title 18, United States ecutive power of the President to be sub- activities of the United States Govern- Code, originally enacted in 1799 as the Logan jugated by Congress. Act (1 Stat. 613), states, ‘‘Any citizen of the ment, the Intelligence Community (b) SENSE OF CONGRESS.—It is the sense of United States, wherever he may be, who, Management Account, and the Central without authority of the United States, di- Congress that— Intelligence Agency Retirement and rectly or indirectly commences or carries on (1) it is not in the interests of the United Disability System, and for other pur- any correspondence or intercourse with any States for Members of Congress to intervene poses; which was ordered to lie on the in disputes between the United States Gov- foreign government or any officer or agent table; as follows: thereof, with intent to influence the meas- ernment and governments of foreign coun- At the appropriate place, insert the fol- ures or conduct of any foreign government or tries without the authorization of the Presi- lowing: of any officer or agent thereof, in relation to dent; and any disputes or controversies with the (2) Members of Congress should heed the SEC. l. PROHIBITION OF WAR CRIMES PROSECU- TION. United States, or to defeat the measures of foreign policies of the President while trav- the United States, shall be fined under this eling outside the United States and meeting (a) SHORT TITLE.—This section may be title or imprisoned not more than three with foreign governments. cited as the ‘‘Prohibition of Foreign War years, or both. This section shall not abridge Crimes Prosecutions of Americans Act of the right of a citizen to apply himself, or his 2007’’. (b) IN GENERAL.—Chapter 118 of title 18, agent, to any foreign government, or the SA 881. Mr. WYDEN (for himself, Mr. United States Code, is amended by adding at agents thereof, for redress of any injury BOND, and Mr. ROCKEFELLER) sub- the end the following: which he may have sustained from such gov- mitted an amendment intended to be ernment or any of its agents or subjects.’’. proposed by him to the bill S. 372, to ‘‘§ 2442. International criminal court (9) In 1952, Senator Arthur Vandenberg as- authorize appropriations for fiscal year ‘‘(a) OFFENSE.—Except as provided under serted that ‘‘politics stop at the water’s subsection (b), it shall be unlawful for any edge’’. 2007 for the intelligence and intel- person, acting under the authority of the (10) Intrusions on the executive power of ligence-related activities of the United International Criminal Court, another inter- the President by Members of Congress have States Government, the Intelligence national organization, or a foreign govern- had negative effects on foreign policy, and, Community Management Account, and ment, to knowingly indict, apprehend, de- in the past, some Members of Congress have tain, prosecute, convict, or participate in the tried to subvert the goals and aims of the ex- the Central Intelligence Agency Re- imposition or carrying out of any sentence ecutive branch by pursuing foreign policy tirement and Disability System, and or other penalty on, any American in con- goals that are contrary to those of the Presi- for other purposes; which was ordered nection with any proceeding by or before the dent. to lie on the table; as follows: International Criminal Court, another inter- (11) In 1987 and 1988, Speaker of the House national organization, or a foreign govern- Jim Wright attempted to engage in diplo- At the end of subtitle B of title IV, insert ment in which that American is accused of a macy between the Sandinista Government of the following: war crime.

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‘‘(b) EXCEPTION.—Subsection (a) shall not ‘‘PENALTIES JOINT COMMITTEE ON THE LIBRARY apply in connection with a criminal pro- ‘‘SEC. 206. (a) It shall be unlawful for— Mrs. FEINSTEIN. Mr. President, I ceeding instituted by the government of a ‘‘(1) a person to violate, or conspire to or wish to announce that the Joint Com- foreign country within the courts of such attempt to violate, any license, order, regu- mittee of Congress on the Library will country with respect to a war crime alleg- lation, or prohibition issued under this title; edly committed— meet on Wednesday, April 18, 2007, at ‘‘(2) a person subject to the jurisdiction of 2:15 p.m., in S–115 to conduct its orga- ‘‘(1) on territory subject to the sovereign the United States to take any action to jurisdiction of such government; or evade or avoid, or attempt to evade or avoid, nization meeting for the 110th Con- ‘‘(2) against persons who were nationals of a license, order, regulation, or prohibition gress. such country at the time that the war crime issued under this title; or For further information regarding is alleged to have been committed. ‘‘(3) a person subject to the jurisdiction of this hearing, please contact Howard ‘‘(c) CRIMINAL PENALTY.— the United States to approve, facilitate, or Gantman at the Rules and Administra- ‘‘(1) IN GENERAL.—Any person who violates provide financing for any action, regardless tion Committee on 224–6352. subsection (a) shall be fined not more than of who initiates or completes the action, if it COMMITTEE ON SMALL BUSINESS AND $5,000,000, imprisoned under paragraph (2), or would be unlawful for such person to initiate ENTREPRENEURSHIP both. or complete the action. ‘‘(2) PRISON SENTENCE.—The maximum ‘‘(b) A civil penalty not to exceed $250,000 Mr. KERRY. Mr. President, the term of imprisonment for an offense under may be imposed on any person who commits Chairman would like to inform the this section is the greater of— an unlawful act described in subsection (a). Members of the Committee that the ‘‘(A) 5 years; or ‘‘(c) A person who willfully commits, or Committee will hold a hearing entitled ‘‘(B) the maximum term that could be im- willfully attempts to commit, an unlawful ‘‘Sarbanes-Oxley and Small Business: posed on the American in the criminal pro- act described in subsection (a), shall, upon ceeding described in subsection (a) with re- Addressing Proposed Regulatory conviction for such unlawful act— Changes and their Impact on Capital spect to which the violation took place. ‘‘(1) if a corporation, be fined not more ‘‘(d) EXTRATERRITORIAL JURISDICTION.— than $500,000; Markets,’’ on Wednesday, April 18, 2007 There is extraterritorial jurisdiction over an ‘‘(2) if a natural person, be fined not more at 10 a.m. in room 428A of the Russell offense under this section. than $500,000, or imprisoned not more than 10 Senate Office Building. ‘‘(e) CIVIL REMEDY.—Any person who is ag- years, or both; or grieved by a violation described in sub- f ‘‘(3) if an officer, director, or agent of a section (a) may, in a civil action, obtain ap- corporation who knowingly participates, or AUTHORITY FOR COMMITTEES TO propriate relief, including— attempts to participate, in such unlawful ‘‘(1) punitive damages; and MEET act, be fined not more than $500,000, or im- ‘‘(2) a reasonable attorney’s fee as part of prisoned not more than 10 years, or both.’’. COMMITTEE ON ENERGY AND NATURAL the costs. RESOURCES f ‘‘(f) DEFINITIONS.—In this section— Mr. ROCKEFELLER. Mr. President, I ‘‘(1) the term ‘American’ means any citizen NOTICES OF HEARINGS/MEETINGS or national of the United States, or any ask unanimous consent that the Com- other person employed by or working under COMMITTEE ON RULES AND ADMINISTRATION mittee on Energy and Natural Re- the direction of the United States Govern- Mrs. FEINSTEIN. Mr. President, I sources be authorized to hold a hearing ment; wish to announce that the Committee during the session of the Senate on ‘‘(2) the term ‘indict’ includes— on Rules and Administration will meet Monday, April 16, 2007, at 2:30 p.m. in ‘‘(A) the formal submission of an order or on Wednesday, April 18, 2007, at 10 a.m., room SD–366 of the Dirksen Senate Of- request for the prosecution or arrest of a per- to conduct a hearing on Repealing fice Building. son; and The purpose of this hearing is to re- ‘‘(B) the issuance of a warrant or other Limitation on Party Expenditures on order for the arrest of a person, Behalf of Candidates in General Elec- ceive testimony on S. 731, National Carbon Dioxide Storage Capacity As- by an official of the International Criminal tions. Court, another international organization, For further information regarding sessment Act of 2007 and S. 962, Depart- or a foreign government; this hearing, please contact Howard ment of Energy Carbon Capture and ‘‘(3) the term ‘International Criminal Gantman at the Rules and Administra- Storage Research, Development, and Court’ means the court established by the tion Committee on 224–6352. Demonstration Act of 2007. Rome Statute of the International Criminal COMMITTEE ON ENERGY AND NATURAL The PRESIDING OFFICER. Without Court adopted by the United Nations Diplo- RESOURCES objection, it is so ordered. matic Conference of Plenipotentiaries on the Establishment of and International Criminal Mr. BINGAMAN. Mr. President, I f would like to announce for the infor- Court on July 17, 1998; and APPOINTMENTS ‘‘(4) the term ‘war crime’ means any of- mation of the Senate and the public fense that is within the jurisdiction of the that a hearing has been scheduled be- The PRESIDING OFFICER. The International Criminal Court at the time the fore the Subcommittee on Energy, chair, on behalf of the Republican lead- offense is committed.’’. Committee on Energy and Natural Re- er, pursuant to Section 154 of Public (c) CLERICAL AMENDMENT.—The table of sources. Law 108–199, appoints the following sections in chapter 118 of title 18, United Senator as Vice Chairman of the Sen- States Code, is amended by adding at the end The hearing will be held on April 23, the following: 2007 at 3 p.m. in room SD–366 of the ate Delegation to the U.S.-Russia ‘‘2442. International criminal court.’’. Dirksen Senate Office Building. Interparliamentary Group conference The purpose of the hearing is to re- during the 110th Congress: the Honor- SA 884. Mr. ENSIGN submitted an ceive testimony on S. 1115, a bill to able TRENT LOTT of Mississippi. amendment intended to be proposed by promote the efficient use of oil, nat- The Chair, on behalf of the Majority him to the bill S. 372, to authorize ap- ural gas, and electricity, reduce oil Leader, pursuant to Section 154 of Pub- propriations for fiscal year 2007 for the consumption, and heighten energy effi- lic Law 108–199, appoints the following intelligence and intelligence-related ciency standards for consumer prod- Senator as Chairman of the Senate activities of the United States Govern- ucts and industrial equipment, and for Delegation to the U.S.-Russia Inter- ment, the Intelligence Community other purposes. parliamentary Group conference during Management Account, and the Central Because of the limited time available the 110th Congress: the Honorable E. Intelligence Agency Retirement and for the hearing, witnesses may testify BENJAMIN NELSON of Nebraska. Disability System, and for other pur- by invitation only. However, those f poses; which was ordered to lie on the wishing to submit written testimony table; as follows: for the hearing record should send two ORDERS FOR TUESDAY, APRIL 17, In lieu of the matter proposed to be in- copies of their testimony to the Com- 2007 serted, insert the following: mittee on Energy and Natural Re- Mr. ROCKEFELLER. Mr. President, I SEC. ll. PENALTIES FOR VIOLATIONS OF THE sources, United States Senate, Wash- ask unanimous consent that when the INTERNATIONAL EMERGENCY ECO- NOMIC POWERS ACT. ington, DC 20510–6150. Senate completes its business today, it Section 206 of the International Emergency For further information, please con- stand adjourned until 10 a.m., Tuesday, Economic Powers Act (50 U.S.C. 1705) is tact Deborah Estes at (202) 224–4971 or April 17; that on Tuesday, following amended to read as follows: Britni Rillera at (202) 224–1219. the prayer and the pledge, the Journal

VerDate Mar 15 2010 22:04 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\2007SENATE\S16AP7.REC S16AP7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S4550 CONGRESSIONAL RECORD — SENATE April 16, 2007 of proceedings be approved to date, the Resolved, that the Senate be agreed to and that the motion to re- morning hour be deemed to have ex- (1) offers its heartfelt condolences to the consider be laid upon the table. pired, the time for the two leaders be victims and their families, and to students, faculty, administration and staff and their The PRESIDING OFFICER. Without reserved for their use later in the day; families who have been deeply affected by objection, it is so ordered. that there then be a period of morning the tragic events that occurred today at Vir- The resolution (S. Res. 149) was business for 60 minutes, with Senators ginia Tech in Blacksburg, Virginia; agreed to, as follows: permitted to speak therein for up to 10 (2) expresses its hope that today’s losses minutes each, with the first 30 minutes will lead to a shared national commitment S. RES. 149 under the control of the Republican to take steps that will help our communities Expressing the condolences of the Senate leader or his designee, and the final 30 prevent such tragedies from occurring in the on the tragic events at Virginia Tech Univer- minutes under the control of the ma- future; and sity. (3) recognizes that Virginia Tech has Resolved, that the Senate— jority leader or his designee; that at served as an exemplary institution of teach- close of morning business, the Senate (1) offers its heartfelt condolences to the ing, learning, and research for well over a victims and their families, and to students, resume consideration of S. 372, the In- century; and that the University’s historic faculty, administration and staff and their telligence authorization bill; that on and proud traditions will carry on. families who have been deeply affected by Tuesday, the Senate stand in recess I yield the floor to my distinguished the tragic events that occurred today at Vir- from 12:30 p.m. to 2:15 p.m. in order to colleague. ginia Tech in Blacksburg, Virginia; accommodate the respective party con- The PRESIDING OFFICER. The Sen- (2) expresses its hope that today’s losses ference work sessions. ator from Virginia. will lead to a shared national commitment The PRESIDING OFFICER. Without Mr. WEBB. Mr. President, I again ex- to take steps that will help our communities objection, it is so ordered. press my gratitude to the senior Sen- prevent such tragedies from occurring in the f ator from Virginia for taking the ini- future; and (3) recognizes that Virginia Tech has ORDER TO ADJOURN tiative on this resolution and working with us to make sure this is language served as an exemplary institution of teach- Mr. ROCKEFELLER. Mr. President, which is acceptable to all the Members ing, learning, and research for well over a if there is no further business to come of this body. century; and that the University’s historic and proud traditions will carry on. before the Senate, I ask unanimous I also express my appreciation to consent that the Senate stand ad- many people in this body—Members— Mr. WARNER. I yield the floor. journed under the previous order fol- and also staff members and others who lowing the remarks of Senator WARNER have come forward today and expressed f and Senator WEBB. their condolences about what happened The PRESIDING OFFICER. Without in this incident. Again, all of us are ADJOURNMENT UNTIL 10 A.M. objection, it is so ordered. truly saddened by what has happened The Senator from Virginia is recog- TOMORROW today in this tragic event. This is a nized. very small gesture of condolence and The PRESIDING OFFICER. Under Mr. WARNER. Mr. President, at this the previous order, the Senate stands time, I suggest the absence of a support from our body, but I think it is a very appropriate one, and I am adjourned until 10 a.m. tomorrow. quorum. Thereupon, the Senate, at 6:47 p.m., The PRESIDING OFFICER. The pleased to be one of the cosponsors of adjourned until Tuesday, April 17, 2007, clerk will call the roll. it. Hopefully, once the grieving is done, The assistant legislative clerk pro- we can, indeed, move forward to find- at 10 a.m. ceeded to call the roll. ing ways that will prevent these sorts Mr. WARNER. Mr. President, I ask of incidents from happening in the fu- f unanimous consent that the order for ture. the quorum call be rescinded. I yield the floor. NOMINATIONS The PRESIDING OFFICER. Without Mr. WARNER. Mr. President, I thank objection, it is so ordered. my distinguished colleague. We have Executive nominations received by the Senate April 16, 2007: f worked as partners on this resolution throughout the day. It has been a most FEDERAL EMERGENCY MANAGEMENT AGENCY EXPRESSING THE CONDOLENCES unusual day for the two of us, for our DENNIS R. SCHRADER, OF MARYLAND, TO BE DEPUTY OF THE SENATE ON THE TRAGIC Governor, for our State, and all its peo- ADMINISTRATOR FOR NATIONAL PREPAREDNESS, FED- EVENTS AT VIRGINIA TECH UNI- ERAL EMERGENCY MANAGEMENT AGENCY, DEPART- ple. MENT OF HOMELAND SECURITY. (NEW POSITION) VERSITY Mr. President, I ask unanimous con- IN THE ARMY Mr. WARNER. Mr. President, I am sent that the Senate now proceed to THE FOLLOWING NAMED ARMY NATIONAL GUARD OF joined here with my colleague, Senator the consideration of S. Res. 149, which THE UNITED STATES OFFICERS FOR APPOINTMENT TO WEBB, and the two of us have put for- was submitted earlier today. THE GRADE INDICATED IN THE RESERVE OF THE ARMY ward a resolution of the Senate, S. Res. The PRESIDING OFFICER. The UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: 149. We are joined in the cosponsorship clerk will report the resolution by To be colonel by the distinguished majority leader, title. KIRK O. AUSTIN, 0000 The assistant legislative clerk read JOHNNY M. SELLERS, 0000 Senator REID, the minority leader, LEE W. SMITHSON, 0000 Senator MCCONNELL, and all other as follows: THE FOLLOWING NAMED ARMY NATIONAL GUARD OF Members of the Senate. A resolution (S. Res. 149) expressing the THE UNITED STATES OFFICERS FOR APPOINTMENT TO Our resolution, jointly prepared by condolences of the Senate on the tragic THE GRADE INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: Senator WEBB and myself, reads as fol- events at Virginia Tech University. lows: There being no objection, the Senate To be colonel Expressing the condolences of the Senate proceeded to consider the resolution. CRAIG E. BENNETT, 0000 Mr. WARNER. Mr. President, I ask DAVID G. BRIDGES, 0000 on the tragic events at Virginia Tech Univer- GARY A. FREESE, 0000 sity. unanimous consent that the resolution DARLENE M. SHEALY, 0000

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