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, TUESDAY, DECEMBER 11, 2007 No. 189 Senate The Senate met at 10 a.m. and was righteous are in authority the people lic for which it stands, one nation under God, called to order by the Honorable SHEL- rejoice. But when the wicked rule, the indivisible, with liberty and justice for all. DON WHITEHOUSE, a Senator from the people groan.’’ Help our Senators also f State of Rhode Island. to remember Your wisdom in Proverbs 29:7, ‘‘a righteous person knows the APPOINTMENT OF ACTING PRAYER rights of the poor; a wicked person does PRESIDENT PRO TEMPORE The Chaplain, Dr. Barry C. Black, of- not understand such knowledge.’’ The PRESIDING OFFICER. The fered the following prayer: May the business done in this place clerk will please read a communication Let us pray. conform to Your justice and equity. We to the Senate from the President pro Almighty God, you are our fortress. ask this in Your Name and for Your tempore (Mr. BYRD). You know everything we do and desire glory. Amen. justice and humility. You have or- The assistant legislative clerk read dained human government for the good f the following letter: of humanity. U.S. SENATE, Guide our Senators by the wisdom of PLEDGE OF ALLEGIANCE PRESIDENT PRO TEMPORE, Washington, DC, December 11, 2007. Your Word. Deliver them from the The Honorable SHELDON WHITEHOUSE To the Senate: pride that leads to shame as they make led the Pledge of Allegiance, as follows: Under the provisions of rule I, paragraph 3, obeying You their top priority. Remind I pledge allegiance to the Flag of the of the Standing Rules of the Senate, I hereby them of Proverbs 29:2, that ‘‘when the United States of America, and to the Repub- appoint the Honorable SHELDON WHITEHOUSE,

NOTICE If the 110th Congress, 1st Session, adjourns sine die on or before December 21, 2007, a final issue of the Congres- sional Record for the 110th Congress, 1st Session, will be published on Friday, December 28, 2007, in order to permit Members to revise and extend their remarks. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–60 or S–123 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through Thursday, December 27. The final issue will be dated Friday, December 28, 2007, and will be delivered on Wednesday, January 2, 2008. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event that occurred after the sine die date. Senators’ statements should also be formatted according to the instructions at http://webster/secretary/conglrecord.pdf, and submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘[email protected]’’. Members of the House of Representatives’ statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at http:// clerk.house.gov/forms. The Official Reporters will transmit to GPO the template formatted electronic file only after receipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT–60. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Office of Congressional Publishing Services, at the Government Printing Office, on 512–0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. ROBERT A. BRADY, Chairman.

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VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11DE7.REC S11DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S15084 CONGRESSIONAL RECORD — SENATE December 11, 2007 a Senator from the State of Rhode Island, to this instance. While in some others it constitutional tools, and pass legisla- perform the duties of the Chair. could not be done, I think in this in- tion that will fund this Government. ROBERT C. BYRD, stance there is a way we can have a We know we are going to have to do a President pro tempore. real conference. I hope that is the case. very short CR, continuing resolution, Mr. WHITEHOUSE thereupon as- Under an order entered last night, to keep the Government open. Hope- sumed the chair as Acting President the Senate will debate the Lugar-Lau- fully that will be for a matter of days pro tempore. tenberg amendment for 3 hours. The and certainly not multiple weeks. f vote in relation to that will occur I look forward to some bipartisan sometime after the Senate returns progress. I hope that can be done. RECOGNITION OF THE MAJORITY from the caucus recess period today. f LEADER That will be the first vote today. There DESTRUCTION OF CIA TORTURE The ACTING PRESIDENT pro tem- could be other votes this afternoon. I TAPES pore. The majority leader is recog- will talk to the Republican leader nized. about that. If we cannot schedule more Mr. REID. Mr. President, I wish to speak this morning about another issue f votes this afternoon, we will schedule a load of them in the morning. that concerns not just Democrats but MEASURES PLACED ON THE A lot of work remains to be done. members of both parties and our entire CALENDAR—S. 2436, S. 2440, S. 2441 Members can expect long days as we country. It is often said that a man has Mr. REID. Mr. President, there are continue to work toward Christmas, nothing but his reputation, his honor, three bills at the desk due for a second which is 2 weeks from today. and his integrity. I believe that to be reading en bloc. The Senate will recess for the caucus the case. This is true not just for men The ACTING PRESIDENT pro tem- lunch period from 12:30 to 2:15 p.m. but for countries. pore. The clerk will read the bills by During the next 10 days, we have a In a thousand years, in a hundred title for the second time en bloc. lot of work to do. As I have indicated, years, when historians write the story The assistant legislative clerk read we are going to try to finish the farm of these early days of America, they as follows: bill. We are going to try to make a sig- will, of course, write about our great nificant effort to try to complete our cities, our military and, of course, our A bill (S. 2436) to amend the Internal Rev- economy. But the real story will be of enue Code of 1986 to clarify the term of the intelligence legislation. We have the Commissioner of Internal Revenue. AMT which is still pending. Although a young Nation, unique among its glob- A bill (S. 2440) to amend the Foreign Intel- we have passed it here, we understand al peers, because it has stood for lib- ligence Surveillance Act of 1978, to mod- the House is going to give us some- erty and justice, not just with words ernize and streamline the provisions of that thing dealing with that. We have to do but with deeds. The true measure of Act, and for other purposes. our work on that. America is our moral authority. Over A bill (S. 2441) to amend the Foreign Intel- We have energy legislation. We are the past 7 years, that authority has ligence Surveillance Act of 1978, to mod- trying to work through that, and we been significantly damaged: the war in ernize and streamline the provisions of that Iraq that did not have to be waged; a Act, and for other purposes. also have our spending. I have had a conversation with the Republican lead- CIA agent exposed to harm for telling Mr. REID. Mr. President, I object to er this morning on that, and while the truth, Valerie Plame; a Justice De- any further proceedings with respect to things do not appear as hopeful as I partment in shambles with Attorney these bills. wish, I am kind of reminded of Presi- General Gonzales; the treatment of The ACTING PRESIDENT pro tem- dent Lincoln. If you go to the Lincoln prisoners held up to no standard except pore. Objection is heard. The bills will Memorial, you see on the wall the the daily whims of a few people, Abu be placed on the calendar. carved words of his second inaugural Ghraib, water torture. But now the f address, which is so prophetic and so word is that the CIA destroyed tapes strong, where he talks about both sides from some of these interrogations. It SCHEDULE are praying to the same God, praying has been acknowledged that the inter- Mr. REID. Mr. President, we will be for different results. rogations were by using water torture, in a period of morning business for 1 You know, I, of course, am confident something that originated in 1492 by hour, with the time equally divided as we are trying to do the right thing on Queen Isabella and King Ferdinand in usual, with the Republicans controlling the farm bill, FISA, alternative min- the Inquisition. Here it is hundreds and the first half and the majority control- imum tax, our spending programs, but hundreds of years later, and great ling the final half. I am realistic enough to know there is America has reverted to what took Following morning business, the Sen- hopefully some way in between to work place in the Inquisition. ate will resume consideration of the all this out. Even though we are all The damage to our moral authority farm bill. There has been tremendously hopeful that our side is right, I have will matter to history books, but, more good movement on that. All the Repub- come over the years to learn there is importantly, it matters right now. It lican amendments have been offered. usually some way of working through puts our troops at greater risk if cap- Five Democratic amendments have these things, although this is pretty tured, impairs our relationship with been offered. We are going to set up a difficult duty we have now to complete nations that ought to be our allies, it program for voting on these. our work in the next few days. I hope impedes our ability to fight an effec- For example, some of the most con- we can do that. tive war on terror, it creates terrorists. troversial, the one we thought would As the end of 2007 continues to draw This latest news of destroyed tapes be controversial that Senator DOMENICI near, we have, as I have indicated, a raises far more questions than we have has offered regarding the renewable tremendously busy work period ahead answers. For example, who is respon- fuel program, I think probably we can of us. We hope to complete action on sible for destroying these tapes? Why? take that. So I think progress can be the appropriations process which will Was something being covered up? The made. require the White House, along with possibility of obstruction of justice is We have Senator COBURN who has of- House and Senate Republicans, to be very real. The American people deserve fered a number of amendments. Sen- responsible and reasonable in the pur- a full accounting for what took place ator GREGG has offered a number of suit of common ground. and answers for all of these questions. amendments. But we can set up a vot- We will work to complete the Energy Will that eradicate what has gone on ing schedule for those. I think we have bill with the bipartisan compromise over the last 7 years? Of course not. every indication that we can complete that will take our country toward But it will help. Chairman ROCKE- this bill before we leave and hopefully lower energy prices for consumers and FELLER has launched an investigation have it go to conference. a cleaner environment. in the Senate Intelligence Committee. I have spoken to the Republican lead- We will work to complete FISA legis- I am happy that the Intelligence Com- er about the conference. We have an lation to ensure that we have the tools mittee has been working on a bipar- idea of how we can do a conference in to fight terrorism with fair and, yes, tisan basis. That is good. Senator BOND

VerDate Mar 15 2010 21:50 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2007SENATE\S11DE7.REC S11DE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY December 11, 2007 CONGRESSIONAL RECORD — SENATE S15085 has been working with Senator ROCKE- MORNING BUSINESS Mr. DURBIN. Reserving the right to FELLER, and they have done what has The ACTING PRESIDENT pro tem- object, I ask unanimous consent that been good work. There has been very pore. Under the previous order, there the remarks I am about to make not be little infighting between them. will now be a period of morning busi- taken from the time allotted to the The Attorney General of the United ness for 60 minutes with the time Senator from Texas in terms of morn- States, newly selected, has said he will equally divided and controlled between ing business. launch an inquiry. We will see what the two leaders or their designees, with The ACTING PRESIDENT pro tem- this inquiry will be. I expect both the Senators permitted to speak for up to pore. Without objection, it is so or- Intelligence Committee and the Attor- 10 minutes each, with the Republicans dered. ney General of the United States to in- controlling the first half and the ma- Mr. DURBIN. Reserving the right to vestigate aggressively the answers to jority controlling the final half. object—and I will object to this re- questions regarding this coverup. The Senator from Texas. quest—let me say at the outset that But the CIA, the Justice Department, what the Senator has asked for is to re- the Bush White House, every American f turn to a bill which was considered by should know that if these investiga- ORDER OF PROCEDURE the Senate on November 16, 2007. There tions encounter resistance or are un- Mr. CORNYN. Mr. President, I be- was a failure of a cloture vote, which is able to find the truth, I will not hesi- lieve we have two speakers on our side a vote requiring 60 Senators to vote af- tate to add my voice to those calling in morning business this morning. I firmatively before the bill goes for- for a special counsel. For example, this would ask unanimous consent that I be ward. The final vote was 45 to 53. In weekend, JOE BIDEN, chairman of the allotted 15 minutes of that, and Sen- fact, three Republican colleagues of Foreign Relations Committee, called ator GRAHAM from South Carolina be the Senator from Texas joined in op- for a special prosecutor. He may be allotted the second 15 minutes. posing that cloture vote. This is a Sen- right. I am willing to wait and see The ACTING PRESIDENT pro tem- ate appropriations bill. As the Senator what develops before I join in that call. pore. Without objection, it is so or- from Texas knows, the Constitution re- We must take every step necessary to dered. quires that spending bills originate in protect our country’s integrity and de- f the House. So the House would either fend this country’s great moral respon- object or ignore this bill or blue slip sibility and authority that we have. APPROPRIATIONS the bill in a way that would mean that f Mr. CORNYN. Mr. President, I come whatever we would do here would not RECOGNITION OF THE MINORITY to the floor today to talk about an achieve the result asked for by the LEADER issue that should be the first priority Senator from Texas. As of today, we have lost 3,888 Amer- The ACTING PRESIDENT pro tem- of this Congress, and that is to fund ican lives in Iraq. The amount of pore. The Republican leader is recog- our troops during a time of war, to money which we have provided, accord- nized. make sure they have the funds they need, to have the equipment, to have ing to the administration, would allow f logistical support and other support them to continue the war at least to MOVING FORWARD they need in order to fight this global the end of March and perhaps beyond. Mr. MCCONNELL. Mr. President, let war on terrorism. So the troops are not without the re- me say I share the view of the majority There have been a lot of rumors cir- sources they need. What the Senator leader that there is clearly a way for- culating around Congress about what from Texas has proposed is an approach ward on the farm bill. We are now mak- the way forward is going to be on the which is on its face unconstitutional ing substantial progress and should be appropriations—I can only call it a and has been rejected by the Senate on able to complete that bill in the near mess—that confronts us when only 1 November 16, including three Repub- future. appropriations out of 12 bills has been lican Senators. For that reason, I ob- Also I think there is a way to get a signed by the President. ject. Foreign Intelligence Surveillance Act Yesterday I heard the reports for the The ACTING PRESIDENT pro tem- measure out of the Senate that could chairman of the House Appropriations pore. Objection is heard. be signed by the President. Committee, DAVID OBEY, which said he Mr. CORNYN. I differ with the distin- With regard to the remaining efforts was pulling the proposed omnibus ap- guished Senator from Illinois. Obvi- here on the spending issues, it is, in- propriations bill because he was upset ously, the bill that was voted on earlier deed, hard to understand the com- with negotiations on that. contained numerous restrictions and plaints we are hearing from the other He said this—and this is the one part deadlines on deployment of our troops side on our supposed lack of com- I do agree with— in Iraq. For that reason, cloture was promise on spending. We have sought I want no linkage whatsoever between do- denied. It is not that there wasn’t sup- actually compromises all year in doz- mestic [spending] and the war. I want the port. Indeed, I would hope there would ens of appropriations committee and war to be dealt with totally on its own. We be unanimous support to make sure subcommittee hearings, which is the shouldn’t be trading off domestic priorities our troops get the emergency funding for the war. normal process. But we are now a quar- they need in order to continue military ter of the way into the fiscal year. Re- I would rephrase that that we should operations until such time as Congress sponsible people understand the time not be doing anything to tie the fate of can appropriate the remainder of the to get the work done is now. As the our troops to wasteful pork projects or President’s request of $196 billion. majority leader indicated, Christmas is excessive Washington spending. It is important to note that this is 2 weeks from today. We can keep going I am glad to see the distinguished emergency bridge funding for the back and forth with the House maybe majority whip on the floor because I do troops. While I don’t disagree with the endlessly. But that would only further have a unanimous consent request that distinguished Senator from Illinois delay our fundamental responsibility of I know he will be interested in. that the military can borrow from getting these spending bills signed into UNANIMOUS-CONSENT REQUEST—S. 2340 Peter to pay Paul and move funds law. I ask unanimous consent that the around within their budget to avoid So what is the way to do it? The way Senate proceed to the immediate con- disaster up until about mid-February, forward: Let’s protect the taxpayers’ sideration of Calendar No. 484, S. 2340. the fact is, the White House has now wallets, fund the troops, and end this I ask unanimous consent that the bill warned that 100,000 civilian jobs depend otherwise unproductive exercise. be read a third time and passed, the on this emergency funding. f motion to reconsider be laid on the Here is a story from the Army Times table, and that any statements relating dated December 10, 2007, that says the RESERVATION OF LEADER TIME to the bill appear at this point in the Department of Defense is sending no- The ACTING PRESIDENT pro tem- RECORD. tices of layoffs this week—2 weeks be- pore. Under the previous order, the The ACTING PRESIDENT pro tem- fore Christmas—to 100,000 civilian em- leadership time is reserved. pore. Is there objection? ployees warning them, unless Congress

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