Senate the Senate Met at 10 A.M

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, APRIL 17, 2007 No. 61 Senate The Senate met at 10 a.m. and was U.S. SENATE, We will have a cloture vote on an- called to order by the Honorable JON PRESIDENT PRO TEMPORE, other issue that it appears at this time TESTER, a Senator from the State of Washington, DC, April 17, 2007. the Republicans are going to block; To the Senate: that is, the ability for Medicare to ne- Montana. Under the provisions of rule I, paragraph 3, of the Standing Rules of the Senate, I hereby gotiate for lower priced prescription PRAYER appoint the Honorable JON TESTER, a Sen- drugs. The Chaplain, Dr. Barry C. Black, of- ator from the State of Montana, to perform We are going to continue to move fered the following prayer: the duties of the Chair. forward on our desire to allow the in- Let us pray. ROBERT C. BYRD, telligence community, the 16 agencies President pro tempore. Eternal Lord God, as we continue to that work for the Federal Government, working in espionage and other such mourn the carnage which happened at Mr. TESTER thereupon assumed the important issues, to allow them to Virginia Tech and the flags fly half- chair as Acting President pro tempore. have legislation that brings us up to mast, give us the determination to f date. For the last 2 years, there has bring good from evil and sanity from RECOGNITION OF THE MAJORITY been no legislation in that regard be- insanity. May this horrific shooting LEADER cause the Republicans did not move prompt us to humble ourselves and The ACTING PRESIDENT pro tem- forward. We are going to continue to pray and seek Your face and turn from pore. The majority leader is recog- try to move forward even though the wickedness. Permit our pain and an- nized. Vice President does not want this leg- guish to force us to examine what con- f islation. tributions we may be making in ro- We also are going to continue to manticizing a culture of violence. May SCHEDULE speak for the American people in al- the shooting in Blacksburg, VA, keep Mr. REID. Mr. President, this morn- lowing Medicare—one of the most im- us alert to the battle we fight against ing the Senate will be in a period of portant programs ever developed by principalities, powers, and evil in our morning business for 60 minutes, with this country has been Medicare. I can world. Senators permitted to speak for up to remember my first elected job on the Use our Senators today as agents of 10 minutes each. The first half of morn- board of trustees of then Southern Ne- reconciliation as they remember that ing business is controlled by the Re- vada Memorial Hospital, the largest in everything, You are working for the publican leader or his designee or des- hospital district in the State of Nevada good of those who love You. Hear our ignees and the last portion controlled at the time. When I took that job, 45 prayer, forgive our sins, and heal our by the majority. Following morning percent of those people who were senior land. We pray in Your merciful Name. business, the Senate will resume con- citizens who came to that hospital had Amen. sideration of S. 372, the Intelligence au- no insurance, and children, spouses, thorization bill. f friends, and neighbors had to agree to Yesterday, it was unfortunate that pay their hospital bill or they would PLEDGE OF ALLEGIANCE the Senate did not invoke cloture on not be taken care of. the intelligence legislation. However, I The situation now is that virtually The Honorable JON TESTER led the did enter a motion to reconsider the every senior citizen, as a result of Pledge of Allegiance, as follows: failed cloture vote. We will have that Medicare having passed—that passed I pledge allegiance to the Flag of the vote again at some time. during my term of office on the board United States of America, and to the Repub- Also today, at 12:30 p.m., the Senate of trustees—virtually every senior cit- lic for which it stands, one nation under God, will recess for the party conferences. indivisible, with liberty and justice for all. izen now has the ability to be taken We have no votes scheduled today be- care of, except Medicare cannot now f cause of the inability to move forward negotiate for lower priced prescription on the very important intelligence au- drugs. The insurance industry can, the APPOINTMENT OF ACTING thorization as a result of the Repub- Veterans’ Administration can, HMOs PRESIDENT PRO TEMPORE licans in unison voting against our can, but not Medicare. The PRESIDING OFFICER. The ability to go forward. If there is no We are going to continue to try to clerk will please read a communication change in that, we made a couple of move forward on that issue even to the Senate from the President pro proposals yesterday which were all ob- though the Republicans obviously are tempore (Mr. BYRD). jected to, as to being able to move for- being led down the wrong path by the The assistant legislative clerk read ward on germane amendments, rel- pharmaceutical industry and the insur- the following letter: evant amendments. ance industry and HMOs. We are going

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

S4551

VerDate Aug 31 2005 01:45 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A17AP6.000 S17APPT1 jcorcoran on PROD1PC62 with SENATE S4552 CONGRESSIONAL RECORD — SENATE April 17, 2007 to continue to try to do the business of law was absolutely beyond comprehen- contraction. We are in the midst of this the American people even though sion. I quoted James Madison, who said information age, not the industrial sometimes it is difficult. that the laws should be understand- age. The focus of America, just as it I yield the floor. able, and that was part of his justifica- shifted from agriculture to industry, f tion for the writing of the Constitu- has now shifted to the information age, tion. and the richest man in America is not RESERVATION OF LEADER TIME Senator Moynihan, the Senator from the one who owns the most land, as was The ACTING PRESIDENT pro tem- New York, corrected me; that is, he true in the agricultural age, or the one pore. Under the previous order, the disagreed with me. He stood up and who owns the biggest factory, as was leadership time is reserved. said: Senator, we have long since true in the industrial age, but the one passed the point where the laws are un- who has mastered the capacity of the f derstandable. Look at the Tax Code; digital code, which is true in the infor- MORNING BUSINESS there is not a soul on the Earth who mation age. understands that, so do not make the The ACTING PRESIDENT pro tem- Finally, we are clearly not confined fact that the health care bill is incom- pore. Under the previous order, there to a land between two oceans. Money prehensible a justification for defeat- will now be a period for the transaction moves around the world, ideas move ing it. around the world, and concepts move of morning business for up to 60 min- I do not know how serious he was. utes, with Senators permitted to speak around the world with the click of a Senator Moynihan was known for his mouse. therein for up to 10 minutes each, with sense of humor, but he was also known the first 30 minutes controlled by the We do not have anything like the for his ability to go to the heart of the economic circumstances that prevailed Republican leader or his designee and issue. the last 30 minutes controlled by the when we adopted our present tax sys- Let me review the history of where tem. Yet we continue to perpetuate majority leader or his designee. we got our tax systems—and yes, the The Senator from Utah is recognized. those tax systems as if they still apply last word is plural because we have ba- to our situation. f sically two Federal tax systems in this The payroll tax penalizes the work- country. We have the payroll tax, and EXPRESSION OF SYMPATHY ing poor. It is an effective tax rate of 15 we have the income tax. Both were percent on the waitress who works at Mr. BENNETT. Mr. President, before adopted during the period of the Great minimum wage because 71⁄2 percent she I begin my statement with respect to Depression. has to pay and 71⁄2 percent her em- tax day, I wish to pause and express on Stop and think about the conditions ployer pays that otherwise she would behalf of the people of Utah our great which existed at that time. We were in get in her paycheck. That is a very sympathy for and anguish over the the worst economic contraction of our high, regressive tax. When it started history. The American unemployment tragedy that has occurred in the State out in the midst of the Great Depres- rate was running not only in double of Virginia. sion, it was 1 percent or 2 percent, and digits but as high as 25 percent. Of the I was once a resident of the State of now it has grown to a 15-percent effec- 75 percent who still had jobs, many of Virginia, and I now am a physical resi- tive rate. dent of the State of Virginia while re- them had jobs that were not adequate While the payroll tax penalizes the maining a legal resident of Utah, and I to their needs. It was a devastating working poor, the income tax discour- feel close to the people of Virginia. psychological time. The historians who ages the productive rich. The more you talk of it say that many of those who Virginia is known for its system of produce, the more the Government were unemployed would get up in the colleges spread throughout the State, comes in and says: We will take that morning, put on their suit and tie, put in magnificent rural settings. away from you. Blacksburg, VA, is one of those set- on their hat, and leave the house as if I have said before in this Chamber, I tings, and Virginia Tech is one of those they were going to work because they was fortunate enough to be involved in colleges. It comes as an enormous did not want the neighbors to know building a business during what many they were unemployed. The stigma of shock, and a sense of horror, to dis- newspapers called the decade of greed. unemployment was psychologically al- cover that a single student can be suffi- Ronald Reagan was President, and the most as devastating as the financial ciently disturbed in this quiet kind of top tax rate was 28 percent. We had ba- stigma of being unable to meet one’s setting to vent all of his demons in sically a flat tax system. It had two such a manner. bills and pay one’s mortgage. The second circumstance that was tiers, 15 percent and 28 percent, but it I want the people of Virginia and the was moving us toward a simple system, students and parents of Virginia Tech present at the time of the Great De- pression was that we were in the center a flat rate system. If I were running to know they are not alone in their that same business today, the effective horror and their grief and to share that of the industrial age. All of us, as we went to school, remember being taught rate would be 43 percent, and the dif- on behalf of the people of Utah whom I ference between 28 percent and 43 per- represent. about the industrial revolution when we shifted from basically an agricul- cent on the earnings of that company f tural economy to predominately an in- would probably make the difference between the company surviving or not. It TAX DAY dustrial economy, an economy of fac- tories, an economy of mass—mass started out not in a garage but in a Mr. BENNETT. Mr. President, today building, mass production, mass com- basement. It grew to 4,000 employees. is tax day, the day when most of us file munications. Everything was industri- Think of the tax revenue coming from for an extension so we can have an- alized. those employees, think of the tax rev- other 3 months or so to work through The third situation that applied in enue coming from that successful busi- the problems connected with our taxes. those days was that our economy was ness. Then ask yourself: Would it have I wish to review the history of our tax basically protected by two oceans. We been a good thing to have prevented system and the groundwork for an at- were insulated from the rest of the that business from coming on board in tempt to try to solve some of its seri- world in a very real, physical, geo- the name of high tax rates? ous problems. graphical sense. We need the tax revenue. We perhaps One of the reasons we file for an ex- Stop and think about these three need more tax revenue than we are cur- tension is because the Tax Code itself interacting with each other—serious rently getting. I will grant that to my is impenetrable. There are few—or I economic contraction in the midst of friends on the Democratic side. But I would say if any—who understand it. I the industrial age at a time when we suggest to them a bargain. If we want remember when I was a very junior were self-contained between two to drive to a higher level of tax rev- Senator here on the floor talking about oceans. Ask yourself whether those enue, let’s recognize we live in a very health care, when President Clinton’s three conditions exist today. different world than we lived in in the administration was pursuing that, and We are in the midst of the longest 1930s, when we created our present tax making the point on the floor that the running expansion in our history, not system. Let’s talk about eliminating

VerDate Aug 31 2005 23:46 Apr 17, 2007 Jkt 059060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G17AP6.001 S17APPT1 jcorcoran on PROD1PC62 with SENATE April 17, 2007 CONGRESSIONAL RECORD — SENATE S4553 the payroll tax. Senator Moynihan was mind today, as the Senator from Utah It is important, as we talk about willing to do that. Let’s talk about indicated. This is tax day. Americans taxes, that we maintain progrowth eliminating the present system of in- have reached deep into their pockets taxes in economic policy, the idea of come tax and replacing it with a flat today to pay their Federal income tax. extending those tax benefits which tax. Instead of saying we want to use At the same time, we are straining to have helped to bring about this growth the tax system to make economic deci- understand the Tax Code that governs is important. We are at a point where sions, using the tax system as the tiller how much we owe. It is very com- some of them will expire within the to steer the economy, let’s adopt the plicated. All of us understand that, next couple of years. They are the radical notion that the purpose of particularly today, or as we ask for an kinds of benefits that one needs to taxes is to raise money to run the Gov- extension, because it is so complicated know about before tax time so invest- ernment, and then ask ourselves, how and so difficult to actually arrive at a ments can and will be made because of can we raise it in as simple a manner conclusion with respect to taxes. the benefits. The policies in place are as possible, as efficient a manner as I am not sure it has to be that way. working. I don’t think we ought to possible, as competitive a manner as The Senator from Utah has described mess with success. At the same time, possible, so that we recognize the re- some changes that ought to be made. we have already passed as part of the ality in which we live—a tax system We talk about that always at tax time, budget an almost $1 trillion tax in- that is geared to an expanding econ- and then we seem to get away from it crease. Additionally, the budget that omy rather than shrinking one, a tax when tax time is over. We ought to was passed by the other side of the stay in there and ask: How can we do system that is geared to the informa- aisle increased spending and the size of this job? There have to be taxes paid. tion age rather than the industrial age, Government. I am concerned about Obviously, there has to be some fair- and a tax system that is geared to a that. These policies will undo all the ness among the taxpayers. But does it worldwide economy rather than one good that has been done over the last need to be this complicated? Does it several years. It is kind of a game: centered within our borders. need to be this technical? We find our- I am already having conversations What taxes are you going to have to selves with a tax program that is de- with some of my Democratic friends on beat to offset spending now and saying signed by literally hundreds of pro- it doesn’t need to be. But the fact is, it this issue. I think tax day is the day to grams that are more put in place to af- does. From 2008 to 2011, the budget will talk about it. We disagree as to wheth- fect behavior and to affect how things increase the deficit by $440 billion and er the President’s tax cuts should be are going to happen than they are for increase the gross debt by $2.2 trillion, extended. I voted for them. I think taxes. We will give tax relief for this, if if we go on as is now suggested. The they probably should be. But I am will- you will do this. If you do this, we will ing to scrap the whole thing, if my give you tax relief over here. The next budget ignores the impending Medicare friends across the aisle will make a thing you know, we have such a com- and Social Security crises. In fact, it deal with us whereby we say: Let’s plicated plan. would make it even worse by spending start with a clean sheet of paper and The average American has a great more than a trillion of the Social Secu- produce a tax system that is geared to deal of trouble understanding and com- rity surplus. the realities of the economic cir- plying with the Tax Code. The vast ma- When we talk about taxes, we also cumstances we face. I hope in this Con- jority of the taxpayers use tax pre- have to talk about the size, scope, and gress we can move in that direction. parers, even in the simplest of tax situ- role of the Federal Government. It is I yield the floor. ations. We in Congress get frustrated time we look at some of the things we The ACTING PRESIDENT pro tem- with the lack of compliance with the are doing and wonder why they need to pore. The Senator from Wyoming is Code; i.e., the tax gap that we hear so be done by the Federal Government recognized. much about. It is apparently substan- and whether, in fact, they should be f tial in terms of the amount of money done by State and local governments or, in fact, the private sector. We WORKING TOGETHER involved. But the average American is as frustrated by sincerely trying to should not be using tax policy as a sub- Mr. THOMAS. Mr. President, I rise to comply with the system in most cases. stitute for direct appropriations and talk about a couple of topics. Certainly I understand the tax gap. Maybe there encouraging behavior. That is what we we have a lot of issues facing us. We are some people who are actually try- have gotten into. We have talked a lot have a lot of things to do. Quite frank- ing to avoid taxes. But often the tax in recent years about tax reform. It is ly, we have been moving rather slowly gap is simply because of the com- high time we put it into action, wheth- over the last several months. We have plexity. er it is a flat tax, which is difficult to had one bill signed by the President. The good news, of course, is the econ- understand but is used in some places We need to decide how we are going to omy is strong. That is good news. The around the world—it seems to be work- move forward. The leader was talking economic policies of the last 6 years able—or whether it is a tax that is put about the Republicans holding up bills, are working and have continued to con- on the items that people purchase and so on. We need to understand that tribute to the growth of the economy, which would be a little difficult to sell. we are close enough in this Senate on to encourage investment, and to en- An acquisition tax is one that is being numbers and voting that we are going courage job creation. Our economy has talked about. But we ought to get away to have to have some agreements on added jobs for 43 straight months; 7.8 from the behavior tax and get back things before we lay them out. Neither million since August 2003. This is good, down to a simplified tax. side is going to be able to say, Here is particularly when we look at the We need taxes. The Government has the way we are going, because it is changes in the world economy. Again, to be funded and should be funded in a close. We do have different views. When the Senator from Utah was talking fair way. But it needs to be done in a there is legislation pending, the minor- about that. As we continue to grow different way. ity side has amendments they wish to jobs, that is a very good thing. Let me move to Medicare and the offer. The economy has added jobs to the noninterference issue that may be com- On the other hand, I admit that extent of 7.8 million over this period of ing up very soon. That is the competi- sometimes the minority side wants to time. The national employment rate tion on the Part D program by having hold things up, and we can’t do that ei- has fallen to 4.4 percent last month. the Government do the sort of work ther. So I hope we will look for a little Average earnings grew 4 percent last that needs to be done in the private more. I don’t expect us to come to- year. The elements of the economy are sector and having a change in the way gether with everything, but we need to good. Interestingly enough, largely be- this thing is operating. I think Part D, come together with a system which al- cause of the Iraq situation, we don’t which is rather new and still being in- lows us to talk about our differences hear much about the good economy or corporated but is pretty deeply in- and to reach some agreements. about the good things going on in the volved in participation at this point— I wish to comment on a couple of country. That is too bad. The strong 90 percent of Medicare beneficiaries issues. The first one, of course, is the economy has resulted in stronger tax have drug coverage—is very good. one that almost everyone has on their revenues in 2006. Folks are saving a considerable

VerDate Aug 31 2005 23:46 Apr 17, 2007 Jkt 059060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G17AP6.003 S17APPT1 jcorcoran on PROD1PC62 with SENATE S4554 CONGRESSIONAL RECORD — SENATE April 17, 2007 amount of money under the program. tion, when there are these kinds of ways to move forward and solve some On average seniors are saving $1,200 things, it does cause the market to of the problems that are before us. yearly on drug costs. A survey reported work. Mr. President, I yield the floor and 80 percent of seniors are happy with So I think before we pass any bill, we suggest the absence of a quorum. the Part D benefits that went into ef- should know and consider, find out, as The ACTING PRESIDENT pro tem- fect recently. Folks in Wyoming are clearly as we can, what impact it has certainly telling me they like the plans on the folks. We do not want to talk pore. The clerk will call the roll. that are available there. There are too much, it seems, on the Senate floor The assistant legislative clerk pro- fewer plans available in a smaller pop- about how that will work. I think we ceeded to call the roll. ulation State than there are in some should talk about how it works. Mr. DURBIN. Mr. President, I ask others. Nevertheless, there are plans I have great respect for my col- unanimous consent that the order for available. They are available at the leagues on the other side of the aisle, the quorum call be rescinded. but they believe expanding the Govern- local drugstore, and they have an op- The ACTING PRESIDENT pro tem- ment is the way to solve health prob- tion of several plans from which to pore. Without objection, it is so or- lems. I do not agree. I do not believe choose which is very important for us dered. to maintain in the Part D program. Government price fixing is the answer The costs are 30 percent lower than to the question. f the original estimates, and it has Current law has increased choices, caused competition. It has caused the has lowered prices through market private sector to come about with re- competition, and that is the system we TRAGEDY AT VIRGINIA TECH have in this country. Market competi- duced estimates. That is very good. Mr. DURBIN. First, Mr. President, Even the expert the Democratic major- tion is where we need to go. So we should let the market continue to work let me say that every parent remem- ity put in place to head up the Congres- bers when their kids left the nest. sional Budget Office says this legisla- and say, as the saying goes, ‘‘if it ain’t broke, don’t fix it.’’ So I think that is There is that moment when they fi- tion that is proposed to have the Gov- nally reach that age where they are off ernment do the negotiations with drug how we are challenged. I am hopeful we can move forward. I to college. I can recall when Loretta companies would not save money, ac- and I took our three kids off to their cording to the CBO. In an April 10 let- think we have a lot of things to do. We need to get on with immigration. I do colleges of choice. It was kind of an ter to Chairman BAUCUS, the CBO emotional moment, with mixed feel- writes: not think there is anything more important to the country than to have an ings: proud they had reached this point We anticipate that under the bill the Sec- immigration law that works, that we in their lives when they were off on retary would lack the leverage to negotiate their own, sad that now they are leav- prices under the broad range of covered Part have a closed border, that we have peo- D drugs that are more favorable than those ple coming to work legitimately and ing their little family setting that had obtained by Prescription Drug Plans under legally who return after their period of been so familiar and so happy for so current law. Without the authority to estab- work or go through the process for be- many years. But you knew if you were lish a formulary or other tools to reduce coming citizens. The system we have lucky enough as a parent to have at- drug prices, we believe that the Secretary now is not working, and we need to tended college that they were facing an would not obtain significant discounts from change that. extraordinary personal opportunity to drug manufacturers across a broad range of I think energy continues to be a fac- go to college and meet so many other drugs. tor in the future, very clearly. There is students and expand their horizons and CBO also testified that negotiating no doubt there is going to be more de- learn what it means to live on your Medicare drug prices could make costs mand. There is no doubt there is going own resources. go up for everyone else. We have to un- to be a more difficult time in acquiring So that is why the tragedy of Vir- derstand we need a drug program, a energy sources from around the world. ginia Tech is so sad, that the happy Medicare program for everyone. There We have to depend more on our own, setting of college, where parents have are certain ways it would have to be including alternatives. I think alter- entrusted their students to the univer- done for the elderly, for the under- natives are a very good solution over sity campus, can turn into a scene of financed, and so on. But the plan needs time as we find out ways to use them horror as we found yesterday in to be there for everyone. and use them in the volumes that are Blacksburg, VA. We are all stunned The Government Accountability Of- necessary to fill our needs. fice has said price fixing may result in and heartsick over the staggering and In the meantime, I think we need to incomprehensible loss of life yesterday. limited access. You can imagine if be very careful to assist in developing there is negotiation on prices, some of We offer our deepest condolences to the those things we know how to do now families who lost precious sons and the pharmaceutical companies are that will make us have supplies in the going to say: OK, we are not going to daughters in that shooting rampage, interim as we wait for these alter- and to the victims who survived it. offer this drug; we won’t offer that natives to develop—coal, for example. drug. Under this plan, you have alter- Coal is our largest fossil resource. We As police search for clues, I hope natives and alternative programs from know ways to have plants develop elec- those of us in Congress will come to- which you can choose to take on dif- tricity from coal, where we can extract gether to also search honestly for an- ferent ideas. carbon, reinject the carbon, help with swers about what can be done to pre- Why do we want to take away a plan the climate change, and at the same vent another tragedy. This has been that has been moving toward success time have a supply of energy we need. billed as the worst massacre in Amer- and still has an opportunity for more So these are some of the things I ican history on a school or college success and change it before that op- guess I am a little frustrated we cannot campus. I can still recall 8 years ago in portunity has been worked through? move toward. We spend too much time the room behind me, the cloakroom, Last week the Finance Committee, of hassling over some of these problems when we heard of the Columbine shoot- which I am a member, held a markup that should not take that long. We ing when 15 students lost their lives. In to consider the pending legislation. We should get on with dealing with health Blacksburg, the estimate is somewhere asked the proponents of that to come care, get on with dealing with energy, between 32 or 33 who have lost their up with their plans. Frankly, they get on with dealing with immigration, lives. It is unspeakable to think about didn’t have any specifics as to how this get on with dealing with spending, get the placid setting of that college cam- would be handled. on with dealing with the size of the pus turning into a bloody scene yester- With just the idea we would have the budget. These are the real issues out day morning. Now we will go about the Government negotiate, it sounds like, there that I think the American peo- grim task of identifying those who wow, we would come up with some real ple—and I am sure Wyoming people— were injured and burying the remains good stuff. The fact is—the bottom line are concerned about. of the ones who were killed as the Na- is—I think most of us want to see the So I urge we move as quickly as we tion grieves with Virginia Tech Univer- market work. When there is competi- can, working together, so we can find sity.

VerDate Aug 31 2005 01:45 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G17AP6.004 S17APPT1 jcorcoran on PROD1PC62 with SENATE April 17, 2007 CONGRESSIONAL RECORD — SENATE S4555 REMEMBERING CONGRESSMAN JIM land, and protected our clean water. It Jim won that first race against the JONTZ is part of the great legacy Jim Jontz House majority leader by two votes. He Mr. DURBIN. Mr. President, I wish to leaves. believed he picked up those last two say a few words about a friend of mine In addition to his important work on votes when he insisted on campaigning who passed away on Saturday. His the House Agriculture Committee, Jim at 10 p.m. the night before the election name was Jim Jontz. For 6 years, from served on the Education and Labor at a laundromat that was still open. 1987 to 1993, Jim represented Indiana’s Committee, the House Select Com- That was Jim Jontz—using every last fifth congressional district in the mittee on Aging, and on the Veterans’ minute to try to make a difference. It House of Representatives. That is Affairs Committee. On Veterans’ Af- was the way he ran his campaigns, it is where I first met him and worked with fairs, he worked with another brave the way he lived his life, and he did man—my closest friend when I came to him. make a difference. In 1991, the Almanac of American Congress and for so many years—Lane I join so many others—not just from Politics described him as: Evans. They worked to help veterans Indiana and from Congress, but from living with one of the most common One of the most incredibly hardworking across the country—in offering condo- and gifted natural politicians who has rou- but least understood injuries of war: lences to Jim’s family: his mother, tinely done the impossible. post-traumatic stress disorder. Those stepfather, and his sister who lives in Two years ago Jim was diagnosed efforts are part of Jim’s legacy that we Chicago. He was a good man who left a with colon cancer that had already are relying on today while so many of great legacy. I am proud to have called spread to his liver. We hoped at the our soldiers come back from Iraq and him my friend. He will be missed. time he would find a way to ‘‘do the Afghanistan trying to conquer the de- Mr. President, I yield the floor. impossible’’ again and defeat this ill- mons in their minds from that experi- The ACTING PRESIDENT pro tem- ness. He fought that cancer for 2 val- ence. pore. The Senator from Rhode Island is As everyone who knew Jim also iant years, but he died on Saturday recognized. knew, he was deeply committed to pre- f afternoon in his home in Portland, OR. serving the ancient forests in the Pa- Jim Jontz defied ordinary stereo- cific Northwest. That commitment IRAQ WAR types. He was a progressive Democrat earned him the support of celebrities Mr. WHITEHOUSE. Mr. President, as elected three times by one of the most and common folk as well who shared I come to the floor this morning to conservative areas in the country to his love for America’s natural treas- share my concerns about this country’s represent them in Congress. People ures. It also won him the enmity of disastrous policies in Iraq, our Nation used to wonder all the time how that powerful logging interests and their is mourning the unimaginable loss of 32 was possible. I have some ideas. For supporters in Congress. people in the tragic and senseless one thing, Jim had a flair for trade- During the debate of the 1990 farm shootings at Virginia Tech. The marks. He was famous for riding his bill, Jim offered an amendment that thoughts and prayers of every Amer- sister’s rusty blue Schwinn with mis- would have prevented logging of an- ican are with the victims of this hor- matched tires in parades. cient forests and national parks. A rific episode, the deadliest shooting Jim also practiced a very personal powerful House member of the other this country has ever seen. We are only style of politics—something he learned party retaliated by drafting legislation beginning to learn exactly what hap- from his days as a grassroots organizer. that would have allowed the Federal pened yesterday. We may never know He ran what he called ‘‘shoe leather’’ Government to create a 1-million acre why it happened, but what we know for campaigns. His goal in every campaign national forest smack dab in the mid- certain is that in our shared grief we was to knock on as many doors and dle of Jim’s congressional district. will find shared resolve to care for the speak to as many people as possible. He In the end, Jim’s efforts to save old- wounded, to comfort the families and owned four pairs of shoes that he ro- growth forests probably ended his ca- friends of those who died, to support tated in and out of at a local repair reer in Congress. The timber industry this university and its community, and shop every week. That is how much targeted him for defeat when he ran for to search for answers and hope this shoe leather he put into his job. His his fourth House term in 1992 and he tragedy may never be repeated. campaign signs were always shaped lost, but he didn’t stop. In 1994, he ran I have been a member of the Senate like shoes. for the Senate, losing in his last cam- now for just over 100 days. I am here, Most importantly, Jim Jontz was a paign. In 1995, he moved to Portland, and many of my freshman colleagues bridge builder. There is a school of pol- OR, where he continued to work to are here, because the people of Rhode itics that says the way you win cam- save ancient forests and preserve the Island, like millions of other people paigns is to divide people up into Endangered Species Act. across this country, looked at the war groups and pit them against one an- In 1998, Jim was elected president of in Iraq and saw something that needed other. Jim was a master of a different Americans for Democratic Action, a to change. They saw hundreds of bil- and better kind of politics. He wanted position he held for 4 years before be- lions of dollars spent, much of it wast- to build bridges and understanding becoming ADA president emeritus. His ed on reconstruction contracts that tween groups that too often saw them- most recent project for the ADA was were sloppily managed or ill-advised. selves as enemies: organized labor and leading its ‘‘Working Families Win’’ They saw one after another in a succes- environmentalists, and family farmers campaign which focused on raising the sion of retired generals protesting the and environmentalists. He was always minimum wage, providing working failed strategy in Iraq and arguing for trying to find some common ground. families with affordable health care, a different course. They saw reports He cared deeply about preserving the and other issues of basic economic jus- that the Bush administration had mis- land and family farms and he believed tice. used and politicized our national intel- the best way to preserve family farms Jim Jontz grew up in Indianapolis ligence services to press a case for war was to help farmers be better stewards and graduated phi beta kappa from In- that did not exist. They read books, of the land. That seemed like a strange diana University in 1973 after less than chronicling a heartbreaking series of idea to some people 25 years ago. 3 years with a degree in geology. He mistakes and misjudgments. They saw Today, it surely makes sense. fell into politics by accident almost in tens of thousands of American soldiers Because of his bridge-building abili- 1974. He opposed a dam building project return home grievously injured, and ties, Jim was tapped to mediate dis- that he thought threatened his little mourned more than 3,000 men and putes between farmers and environ- community. He challenged the chief women who will never return home. mentalists during negotiations for the sponsor of the project, who happened to The country saw one of the greatest 1990 farm bill. One result was a wet- be the majority leader of the Indiana foreign policy disasters of American lands protection program that won House, and Jim won. At age 22 he be- history and demanded a new direction. strong support from farmers, environ- came a political giant killer. He also The American people voted for change. mentalists, and sportsmen. That pro- served in the Indiana Senate before They were sincere, sober, and correct gram has saved many family farms, being elected to Congress in 1996 at age in their judgment, and this new Con- preserved the natural beauty of our 35. gress listened, but President Bush did

VerDate Aug 31 2005 23:46 Apr 17, 2007 Jkt 059060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G17AP6.006 S17APPT1 jcorcoran on PROD1PC62 with SENATE S4556 CONGRESSIONAL RECORD — SENATE April 17, 2007 not. Instead of committing to redeploy The achievements of our forces in Office. In a meeting with President our troops from Iraq, the President Iraq are serious—and here is what im- Bush and several of our colleagues who chose to escalate this conflict. Now, in- pressed me the most from our trip: So had recently traveled to Iraq, I urged stead of working with this new Con- is their commitment that the Iraqis him to announce a redeployment and a gress to forge a new strategy, a strat- must assume responsibility for the se- change of course was the strongest egy worthy of the sacrifices of our men curity and governance of their own force he had in his hands. I also gave and women in uniform, the President country. In nearly every briefing, at the President letters sent to me from and Vice President are on the attack— every level of command, the message Rhode Island folks with family mem- on the political attack—not against came loud and clear that our military bers serving in Iraq. Those messages the Iraqi leaders who are slow-walking is highly focused on accomplishing a said loudly and clearly that it is time us through this conflict in their coun- handover of security responsibilities so to bring our troops home. try, but against the American people as to bring our troops home. As a But rather than acting to change who have rightly questioned their fail- young soldier in mess hall told me, the course, the President keeps playing ing policy. The question is this: How Iraqis ‘‘won’t stand up until we start to politics. He has threatened to veto leg- much longer will this President refuse stand back.’’ islation this Congress passed to provide to listen? I do believe the Iraqis need more mo- critically needed funding for our troops Since joining the Senate just over 100 tivation to stand up. For instance, in the field. In our meeting last week, days ago, I have worked to put pressure there is key legislation the Iraqi Par- he said he was prepared for what he on the Bush administration to redeploy liament must pass that our military called a ‘‘classic political showdown.’’ our troops from Iraq. In mid-March, as commanders believe is necessary if this The question of what to do in Iraq is a member of the Senate Intelligence surge is to succeed. They told me we not a political fight between President Committee, I traveled to Iraq to get a cannot succeed in this military surge Bush and the Democrats in Congress. It firsthand look at the situation on the unless it is accompanied by a political is a struggle between the President and ground, to see the hard work of our surge, an economic surge, and a diplo- the will and the good sense of the dedicated troops, and to talk with our matic surge. Critical measures to fa- American people. It is long past time military commanders and with Iraqi cilitate provincial elections, regulation that their voices were heard. political officials. In Baghdad, our del- and revenue-sharing for the Iraqi oil I yield the floor and suggest the ab- egation met with several of the officers industry, reversing de-Beatification in sence of a quorum. leading America’s military engage- favor of reunification, and restricting The ACTING PRESIDENT pro tem- ment in Iraq, including GEN David sectarian militias are all legislative pore. The clerk will call the roll. Petraeus, LTG Raymond Odierno, and initiatives that have stalled. The assistant legislative clerk pro- LTG Martin Dempsey, as well as mem- Iraq must take action and move this ceeded to call the roll. bers of our U.S. Embassy country legislation forward and step up its own The PRESIDENT pro tempore. The team. We also met with Mahmud al- security presence. That will require Senator from South Carolina is recog- Mashhadani, Speaker of the Iraqi Par- real commitment and urgency, Mr. nized. liament, and National Security Min- President. And it would be putting it Mr. DEMINT. Mr. President, I ask ister Shirwan al-Waili. In my capacity mildly to say I was not reassured by unanimous consent that the order for as a member of the Intelligence Com- the signals I received from our meet- the quorum call be rescinded. mittee, I also met with members of our ings with Iraqi officials. There is a seri- The PRESIDENT pro tempore. With- Nation’s intelligence staff and their ous disconnect between the urgency of out objection, it is so ordered. Iraqi counterparts. our generals about this legislation, and Mr. DEMINT. Mr. President, I ask In Fallujah, we spoke with GEN Wal- the absence of urgency or energy on unanimous consent to speak for 10 min- ter E. Gaskin, Marine commander in the part of Iraqi officials. One soldier I utes in morning business. Anbar Province, and other commanders met put it in simple, homespun terms. The PRESIDENT pro tempore. With- of the Marine Expeditionary Force. I He said: ‘‘If your parents are willing to out objection, it is so ordered. met three brave Rhode Islanders there: pay for the movies and you don’t have f Kristie St. Jean from Woonsocket, to spend your own money, or if you can UNANIMOUS-CONSENT REQUEST— Christopher Tilson from Providence, get your big sister to do your home- S. RES. 123 and Anthony Paulo from Westerly, all work for you, who wants that to stop?’’ serving our Nation with dedication, It does have to stop and this Congress Mr. DEMINT. Mr. President, in Janu- courage, and honor. is taking action to make that clear. I ary this body took a significant step On our return, we traveled through was proud to vote with a majority of toward reforming the way we spend Germany to visit Landstuhl Regional the Senate to pass binding bipartisan American taxpayer dollars. While de- Medical Center near Ramstein Air Base legislation to require the safe redeploy- bating the ethics reform bill, Senators where our soldiers, sailors, marines, ment of our brave troops beginning in voted 98 to 0 in favor of my amendment and airmen, badly injured in Iraq and 120 days, with the goal of having the requiring transparency for 100 percent Afghanistan, are med-evac’d to receive vast majority of our troops redeployed of Member-requested earmarks. This critical medical care before their re- from Iraq by the end of March. I am was an early sign that Congress was turn home. MAJ Andrew Risio, who also a cosponsor of the recently intro- going to change the way we do business hails from Ashaway, RI, is helping produced Feingold-Reid legislation to con- here in Washington. vide care to our wounded soldiers in tinue to put pressure on the Bush ad- But since then, I am afraid my opti- that facility. ministration to safely redeploy our mism has been tempered by a healthy The young men and women I met troops. dose of political reality. The ethics bill with in Iraq and their families have Only the kind of pressure a decision containing new Senate rules has been made tremendous sacrifices, and their to redeploy creates will provide the stalled, and its future enactment is expert performance and can-do attitude motivation needed for Iraq to take the anything but certain. In the meantime, reinforced my pride in the American necessary steps to assume responsi- the Senate has continued business as spirit. The security posture we main- bility for its own governance and secu- usual, as earmarking continues unfet- tain around our military bases is rity. An announcement that our troops tered from transparency rules. The ap- strong, and our troops are working will be leaving will encourage the propriators are soliciting earmarks. hard to secure the cities and country- Iraqis to step up and take their secu- The WRDA bill is full of undisclosed side of Iraq. The work of our intel- rity seriously, will discourage the in- earmarks, and none of the committees ligence and Special Operations per- surgents, and will send a message to are complying with the anticorruption sonnel, which often runs nonstop the world community that stability in transparency requirements. through the night, is remarkable and Iraq will no longer be the responsi- Upon notice that I was going to offer exhibits a level of professionalism in bility of America alone. this bill again on the floor, the Demo- which every American can be very con- Last week, I had the opportunity to cratic leadership of the Appropriations fident. take that message directly to the Oval Committee just issued a press release

VerDate Aug 31 2005 01:45 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G17AP6.007 S17APPT1 jcorcoran on PROD1PC62 with SENATE April 17, 2007 CONGRESSIONAL RECORD — SENATE S4557 saying they were going to comply with 0. This is a Senate rule, and the only tifying us of his intent to make this these rules. That is really good news. thing left for us to do is actually enact unanimous-consent request. I wish to So if the appropriators want to comply, it. make clear to him and to all Members there is no reason at all that we Let me just read a few quotes from that the Senate Democratic leadership shouldn’t enact this rule as a Senate the Democratic leadership when we remains fully committed to earmark rule. worked out the language on this bill disclosure, but we believe his sugges- Yesterday’s Roll Call reported that before. This includes a lot of Demo- tion, taking it piece by piece, is not the the Senate Environment and Public cratic language. right way to accomplish our goal. Works Committee is advancing two Majority leader HARRY REID said: In Earlier this year, we considered com- pieces of legislation packed with bil- effect, we have combined the best ideas prehensive ethics reform. It is a prod- lions of dollars worth of earmarks, but from both sides of the aisle, Democrat uct of the first 100 days of the new the committee is not asking Senators and Republican, to establish the leadership of Congress that we are to certify that they have no financial strongest possible disclosure rules in most proud of. Included in that reform interests in the projects, at least for this regard. was a provision related to transparency now. In other words, the Senate is con- Majority whip DICK DURBIN said: I am in earmarking. I supported this reform. tinuing to conduct its business in the pleased with this bipartisan solution. I In fact, I joined Senator DEMINT in old way, which was rejected by the believe it reflects the intent of all on crafting a new definition of ‘‘earmark’’ American voters. both sides of the aisle to make sure and requiring that earmarks in legisla- We cannot continue to wait. The Sen- there is more disclosure. We have full tion be posted on the Internet prior to ate rules must be changed now if we agreement. The language has been vet- their final consideration on the floor of are going to implement what the chair- ted. the Senate. We both agreed on this lan- man of the Appropriations Committee, The bill I offer today as a Senate rule guage. It passed with an overwhelming the distinguished chairman, called an is exactly the language we passed 98 to majority of 98 to 0, and the underlying accountable, aboveboard, transparent 0. bill passed 96 to 2. process for funding decisions, and put The majority leader offered up his No one is suggesting these earmark an end to the abuses that have harmed own excuse when he said his office was rules will not be implemented. In fact, the credibility of Congress. not notified in advance. In order to today the Senate Appropriations Com- I agree 100 percent. My proposal, S. make sure that excuse is not used mittee, chaired by the President pro Res. 123, creates a new Senate rule that again, I sent a letter last week to the tempore of the Senate, who is now pre- requires public disclosure of the ear- Democratic and Republican leaders no- siding, Senator BYRD, has announced a marks contained in bills passed by tifying them of my intent to seek new policy of transparency in account- committee. This disclosure includes unanimous consent today to enact a ability, totally consistent with the lan- the name of the Member requesting the Senate earmark disclosure rule—again, guage which we agreed on and adopted earmark, the name and address of the the one we have already passed 98 to 0. overwhelmingly on the floor of the intended recipient of the earmark, the But I understand the other side has Senate. Mr. President, I ask unanimous con- purpose of the earmark, and a certifi- come up with a third excuse. This time, sent that the committee’s announce- cation that the requesting Member and they are going to say that enacting ment on these sweeping reforms be his or her spouse have no financial in- earmark disclosure requirements will printed in the RECORD. dilute the effect of the lobbying and terest in the requested earmark. These There being no objection, the mate- are simple transparency ideas that the ethics reform bill. This is probably the rial was ordered to be printed in the American people need. weakest of all of their excuses. How RECORD, as follows: Mr. President, I ask unanimous con- does enacting an ethics reform provi- [U.S. Senate Committee on Appropriations sent that the following Senators be sion dilute its effect? The only thing Press Release, Apr. 17, 2007] added as cosponsors to S. Res. 123: Sen- diluting ethics reform is our unwilling- SENATE APPROPRIATIONS COMMITTEE ator ENSIGN, Senator MCCAIN, Senator ness to abide by this new rule. This ex- ANNOUNCES EARMARK REFORM STANDARDS ENZI, Senator MARTINEZ, and Senator cuse rings hollow because the majority WASHINGTON, DC.—The U.S. Senate Com- MCCASKILL. did not bother to include this rule in mittee on Appropriations will adopt an un- The PRESIDENT pro tempore. With- their original bill. When we brought it precedented policy of transparency and ac- out objection, it is so ordered. to the floor, they tried to kill it. countability beginning with the Fiscal 2008 Mr. DEMINT. Mr. President, this res- I have tried to work in a bipartisan appropriations cycle, Committee Chairman olution will immediately require all manner on this issue. I have been pa- Robert C. Byrd, D–W.Va., announced Tues- Members who request earmarks to cer- day. tient. But it has been over 80 days. The ‘‘The changes that we are making in the tify in writing that they have no finan- earmark process is continuing as usual, appropriations process will help to restore cial interests in the requested ear- and all the American people are get- confidence in the Congress,’’ Chairman Byrd mark. ting is excuses. It is time to enact this explained. ‘‘We are ending ‘business as usual’ Following the imprisonment of Con- rule. in Washington, D.C. We will restore integrity gressman Duke Cunningham for selling Mr. President, I ask unanimous con- to the process. We will increase account- earmarks for bribes, Americans need to sent that the Rules Committee be disability and openness, while we also will work know their elected officials are not charged from further consideration and to substantially reduce the number of earmarks in legislation.’’ using public office for private gain. the Senate now proceed to S. Res. 123; Until S. 1, the Ethics and Earmark Reform This is simply information every Sen- further, that the resolution be agreed legislation, is signed into law, the Senate ator should be willing to provide, and I to and the motion to reconsider be laid Appropriations Committee will follow these believe most are. upon the table. standards: But it is beginning to look as if the The PRESIDENT pro tempore. Is All earmarks will be clearly identified in new majority is not really interested in there objection? the committee bill and report. The identi- shining light on the earmarking proc- The Senator from Illinois is recog- fication will include the requesting Senator, ess. Before we left for the Easter re- the amount of the earmark, the recipient of nized. the earmark, and the purpose of the ear- cess, I asked unanimous consent for Mr. DURBIN. Mr. President, reserv- mark. If there is no specifically intended re- the Senate to adopt S. Res. 123 so that ing the right to object. cipient for an earmark, the intended loca- we could enact this important rule im- The PRESIDENT pro tempore. The tion of the activity will be listed. mediately. The majority objected and Senator from Illinois reserves the right An earmark shall be defined as it is in the said this proposal needed to go through to object. Senate-passed Ethics and Earmark Reform the ‘‘appropriate process.’’ That is a The Senator from Illinois. legislation. An earmark is a legislative pro- sad excuse. This rule has already gone Mr. DURBIN. Mr. President, in ex- vision or report language included primarily at the request of a Senator, Member of the through the normal process. It was of- plaining my reservation, I first wish to House, Delegate, or Resident Commissioner, fered as an amendment on the floor, it commend the Senator from South that provides, authorizes, or recommends a was modified by the leadership of the Carolina on the courtesy he has ex- specific amount of discretionary budget au- Democratic Party, and it passed 98 to tended to both sides of the aisle in no- thority, credit authority, or other spending

VerDate Aug 31 2005 01:45 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G17AP6.012 S17APPT1 jcorcoran on PROD1PC62 with SENATE S4558 CONGRESSIONAL RECORD — SENATE April 17, 2007 authority for a contract, loan, loan guar- few weeks. As soon as the House acts, What we have heard is rhetoric with- antee, grant, loan authority, or other ex- the Senate will move for conference as out responsibility. There is no question penditure with or to an entity, or targeted to quickly as possible. We should not take that by moving, as Senator DEMINT a specific State, locality, or Congressional up bits and pieces of the larger bill. has, we finally got the Appropriations district, other than through a statutory or administrative formula driven or competi- The Senate has expressed a strong Committee to endorse what was passed tive award process. support for earmark disclosure, and the in the ethics legislation. However, The committee bill and report will be pub- Senate Appropriations Committee, after the ethics legislation was passed, lished on the Internet, both through the which I am proud to be a member of, I spoke on the floor. I was the last per- committee site (http://appropriations. has taken the lead on this side of the son to speak on the floor late that senate.gov) as well as on the Library of Con- aisle in strong reforms. The goal of the evening. I made the statement—and it gress’ website (http://thomas.loc.gov). Senator from South Carolina is already is now proving to be true—that it was Senators will be required to certify that being implemented, and I hope he can neither they nor their spouses have a finan- ethics reform in name only, no sub- cial interest in any earmark. Senators will take ‘‘yes’’ for an answer. stance. need to submit a letter to the Appropriations I would like to correct one thing he We now hear an argument that says: Committee certifying that they have no fi- said for the record. When he started his We should not pass the most signifi- nancial interest in a project. Those letters remarks about earmarks, he said at cant portion of the ethics bill in a will be available for public inspection. What one point that when it comes to ear- stand-alone process so that we can, in constitutes a Senator’s ‘‘financial interest’’ marks, this Senate is ‘‘business as fact, do what the American people shall be determined by the guidelines of the usual.’’ As the Presiding Officer and want, which is transparency in this Senate Ethics Committee and Senate Rule those who follow the Senate know, Government. XXXVII. that is hardly the case. When we con- It is interesting, if you know how Mr. DURBIN. Mr. President, under sidered the continuing resolution this place operates, that if in fact you these new guidelines, all earmarks will which had all of the pending appropria- have an earmark reform on appropria- be clearly identified in the committee tions bills from the previously Repub- tions only, and no earmark reform on bill and report, including the request- lican-controlled Congress yet enacted, an authorization, you have no earmark ing Senator, the amount of the ear- we took a bold move on our part—that reform because once something is au- mark, the recipient of the earmark, is, the Democratic side—and elimi- thorized in an authorizing bill through and the purpose of the earmark. An nated 9,300 earmarks that were in bills an earmark, it no longer will apply to earmark shall be defined as in the Sen- authored when the Senator from South the appropriations bill. So we will have ate-passed ethics reform bill, which Carolina was in the majority. We the same thing going on. The reason we Mr. DEMINT and I cosponsored. The eliminated every single one of them— are seeing an objection to earmark re- committee bill and report will be pub- all 9,300 earmarks. It contained no new form is because we truly, in the major- lished on the Internet—as my amend- earmarks. This continuing resolution ity of cases, don’t want earmark re- ment required—so that the world can eliminated funding for over $2.1 billion form. What we are doing is, we are see these earmarks in advance of final of earmarks for over 1,900 separate doing it—talk about piecemeal—only passage. Senators will be required to projects. in one area. What we will do is, there certify that neither they nor their This is hardly business as usual. won’t be an earmark on an appropria- spouses have any financial interests in Business as usual would have been to tions bill. What we will do is authorize any earmark. These guidelines will be take the bills from a Republican Con- them now. Since we won’t apply the in place until the ethics reform bill is gress, with thousands of earmarks, and earmark rule to authorization bills, signed into law. enact them into law. We did not do the American public will once again be I commend the Presiding Officer as that. So to suggest we are continuing hoodwinked. They won’t know whose chairman of the Appropriations Com- along the path that was the case when financial interest it is nor who it will mittee for reaching out to the other there were previous leaders in Congress benefit. side of the aisle, to the ranking mem- is just not supported by the facts. The problem with ethics in Wash- ber, Senator COCHRAN from Mississippi, Beyond that, I can give my assurance ington isn’t the lobbyists, isn’t the so that he has been informed of our in- to the Senator from South Carolina, campaign contributions, it is the Mem- tention to reform this earmark proc- my colleague, that the earmark lan- bers of Congress. Until that changes, ess. guage which we adopted in the Senate until the American people demand ac- Earmark disclosure, though, is only is going to be the standard by which we countability—what we just heard was a one part of the much broader package. live. The Appropriations Committee flimsy excuse for not accepting this We need to strengthen gift and travel has made that very clear. I believe that into the rules of the Senate. We voted rules for Members of the Senate, close is what we should do. on it. The American people deserve it. the revolving door, strengthen lob- So at this point, Mr. President, ac- It is a sham. bying disclosure, outlaw the K Street knowledging the commitment of the I again ask unanimous consent that Project, this notorious project in which Senator from South Carolina to this the Rules Committee be discharged Mr. Abramoff and others were involved, issue and acknowledging that he from further consideration, and the and take other steps to clean up the should be standing here and saying he Senate now proceed to S. 123; further way business is done in Washington. has accomplished quite a bit to this that the resolution be agreed to and Now, if the Senator from South Caro- point, I would have to say that his ad- the motion to reconsider be laid upon lina has his way, we will take one piece ditional suggestion today of plucking the table. today. Some will suggest taking an- out one piece of ethics reform and mov- The PRESIDENT pro tempore. Is other piece tomorrow. I think it will ing on it would be inconsistent with there objection to the several requests? dilute our effort. We need, within the our ultimate goal of having com- Mr. DURBIN. Mr. President, reserv- next few weeks, to work with the prehensive ethics reform. In the meaning the right to object. House to pass this measure. For those time, we have followed this measure The PRESIDENT pro tempore. The who ask: Well, why hasn’t it taken through the Senate Appropriations Senator from Illinois reserves the right place so far, the House ethics reform Committee and, as a consequence, I to object. was done by House rule, did not involve must object. Mr. DURBIN. It strikes me as odd a joint action by the House and the The PRESIDENT pro tempore. Objec- that the Senator from Oklahoma will Senate. tion is heard. not acknowledge the obvious. The ear- So we are going to find a vehicle that The Senator from Oklahoma is recog- mark reform language which he sup- will accomplish our Senate ethics re- nized. ported, and the Senator from South form, statutory and rules reform, and Mr. COBURN. Mr. President, I appre- Carolina supports, passed the Senate 98 do it in the appropriate manner and do ciate the opportunity to speak on this to 0. It was part of the first comprehen- it in a comprehensive way. We have issue. It is very interesting. The Amer- sive ethics reform package this Senate been assured by House leaders that ican people should hear what has just has seen in many years; many years of they will move on this bill in the next gone on here. Republican rule, I might add. We are

VerDate Aug 31 2005 01:45 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A17AP6.001 S17APPT1 jcorcoran on PROD1PC62 with SENATE April 17, 2007 CONGRESSIONAL RECORD — SENATE S4559 now saying that the Appropriations sume consideration of S. 372, which the minority. He did not want to end the Committee has voluntarily said, even clerk will report. debate prematurely and the oppor- before the conference committee that The assistant legislative clerk read tunity to offer amendments by the mi- we are going to live by these standards. as follows: nority, especially with 18 Members ab- I will not quibble with the Senator A bill (S. 372) to authorize appropriations sent from the Senate due to bad weath- from Oklahoma because he and I see for fiscal year 2007 for the intelligence and er. I supported him because it is the re- this quite differently. But authorizing intelligence-related activities of the United sponsibility of our two leaders to man- a project does not mean it has money. States Government, the Intelligence Com- age the floor debate and to protect the That is why we have authorizing community Management Account, and the Cen- tral Intelligence Agency Retirement and Dis- rights of minorities and absent Sen- mittees and appropriating committees. ability System, and for other purposes. ators. While the attacks on me were in- I can authorize the Sun, the Moon, the Pending: appropriate and offensive, I will con- stars, and the Milky Way, but I will Rockefeller/Bond amendment No. 843, in tinue to work for passage of this intel- not deliver any of those to anybody the nature of a substitute. ligence reform measure, which is one of until I get to an appropriations bill. Collins amendment No. 847 (to amendment the most important bills we can pass in Mr. COBURN. Will the Senator yield No. 843), to reaffirm the constitutional and this session. The measure is too impor- for a question? statutory protections accorded sealed do- tant to be derailed by personal and po- Mr. DURBIN. When I am finished, I mestic mail. litical attacks. will. All of the authorization in the The PRESIDING OFFICER (Mr. My friends on the other side of the world notwithstanding, unless you ap- CASEY). The Senator from West Vir- aisle want more oversight of intel- propriate the money from the Treasury ginia. ligence. I agree. We got into problems for the project, it is just a good idea Mr. ROCKEFELLER. Mr. President, prior to 9/11 because we didn’t have that might happen. the Republican manager, Senator good oversight. We have found that Mr. COBURN. Will the Senator yield? BOND, and I and our staffs have been there are holes that need to be plugged Mr. DURBIN. I said I will. Allow me working together to clear some amend- in oversight. We need to move forward. to finish my sentence. What I am sug- ments, and we have in fact cleared al- But forcing an end to the debate with gesting is, other committees may take ready 10 amendments. I now ask unani- 18 Members absent was not the way to this up as well on an interim basis. But mous consent that it be in order for the do so. I am hoping that we can show the bills that are going to move on the Senate to consider en bloc the fol- progress by adopting amendments and floor of the Senate are the appropria- lowing amendments, that they be moving this bill forward to exercise our tions bills. Now that the budget resolu- agreed to en bloc, and that the motions oversight to provide the intelligence tion is passed, our major obligation is to reconsider be laid upon the table en community the direction they need. to achieve something we haven’t done bloc. These were agreed to by both Our desire is to move forward in the for years. We want to try to pass the sides and have been cleared by all par- regular order, work our way through appropriations bills on time. That ties. The numbers of the amendments amendments, work out a time agree- means that the time of the Senators are 845, 846, 856, 858, 859, 860, 861, 862, ment, dispose of amendments, and from Oklahoma and South Carolina 863, and 872. hopefully conclude with a bill that The PRESIDING OFFICER. Is there and all of us will be consumed with ap- most, if not the overwhelming major- propriations bills, and the rules we will objection to the several requests? Mr. COBURN. Mr. President, I object. ity, of Members can support so we can play by on earmarks for those bills get to conference and continue the which will be front and center, our The PRESIDING OFFICER. Objec- tion is heard. process. major business, will be the same rule I will continue to work with the that you voted for, the vote that the The Senator from Missouri. Mr. BOND. Mr. President, it is very chairman under the difficult cir- Senator from Oklahoma cast on this important that we move forward with cumstances that he and I both face. I floor for earmark reform. So I say to this bill. We have given time for our am not for delay or any effort, real or the Senator from Oklahoma, he can be colleagues to debate and raise other imagined, to kill this bill, but I have prepared as these bills come to the questions. We would ask that we be honest concerns, as others, that there floor to see the very approach he has able to proceed in a reasonable time- should be an opportunity to address suggested be followed voluntarily. In frame to take up amendments which through the regular order in a reason- the meantime we have the assurance of have been introduced by the chairman able timeframe. If there are unreason- the House that this matter is going to and the vice chairman together and re- able delays, then we will pursue other conference committee. flect bipartisan agreement. As vice options which are necessary sometimes Suggesting that we have abandoned chairman, I am firmly committed to to move a bill. our commitment to reform or calling it passage of intelligence reauthorization. Because of the difficult division a flimsy excuse overstates the Sen- I would say further it remains my in- present in recent years over these ator’s position. tention to reduce the partisanship and issues, we have been unable to get an I object. authorization bill passed. I find that Mr. COBURN. Will the Senator yield politicization of intelligence matters. Events on the Senate floor yesterday, unacceptable, and I am committed to for a question? The PRESIDENT pro tempore. Sen- including direct personal attacks on finding a bill, but it can’t be just any ators will please address other Sen- me, indicate this remains a tall order. bill. It must be the product of give and ators through the Chair and refer to This bill makes getting a bill harder, take and mutual respect and com- other Senators in the third person, not and it is already hard enough. Given promise between both parties and both the kitchen sink provided in the ad- in the first person. bodies and one the administration can Mr. DURBIN. Mr. President, I object ministration’s Statement of Adminis- sign. to the unanimous consent request. tration Policy indicating a possible Mr. ROCKEFELLER. Will the vice The PRESIDENT pro tempore. The veto, the chairman and I are trying in chairman yield? Senator from Illinois objects. good faith, as the chairman indicated, Mr. BOND. Yes. to work through 9, 10, or a dozen Mr. ROCKEFELLER. Mr. President, f amendments to correct the major ob- the Senator from Oklahoma has indi- CONCLUSION OF MORNING jections that the administration has. cated to me that he will not object to BUSINESS The administration must know that the managers’ amendment going for- The PRESIDENT pro tempore. Morn- as we try to weigh their key priorities, ward, if he would be allowed to finish ing business is closed. they must respect our priorities and what he was talking about, which I as- f our fundamental oversight responsi- sume would happen within the next 5 bility which I and the Members of this or 8 minutes. If that is the case, then INTELLIGENCE AUTHORIZATION body should take seriously, as any Sen- we will have made progress. ACT FOR FISCAL YEAR 2007 ator will. Mr. BOND. Mr. President, I didn’t The PRESIDENT pro tempore. Under As for yesterday’s events, Senator mean to cut the Senator off. For the the previous order, the Senate will re- MCCONNELL manages the floor for the movement of this bill, we had hoped to

VerDate Aug 31 2005 23:46 Apr 17, 2007 Jkt 059060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G17AP6.015 S17APPT1 jcorcoran on PROD1PC62 with SENATE S4560 CONGRESSIONAL RECORD — SENATE April 17, 2007 be able to clear some amendments so tions might be in association with We have cleared 10. I now ask unani- we could show progress, but the Sen- that. mous consent that it be in order for the ator from Oklahoma is seeking rec- So the fact the majority objects to Senate to consider en bloc the fol- ognition. I am sure he has some impor- incorporating what we obviously, sup- lowing amendments, that they be tant things to say. I hope we will finish posedly, all agreed to—or was it the agreed to en bloc, and the motions to in time to allow us to pass the cleared fact that people voted for it because reconsider be laid upon the table, en amendments prior to 12:30. I apologize the people wanted us to and now we bloc. The amendment numbers are 845, to the Senator from Oklahoma and will not carry it out? What it does, by 846, 856, 858, 859, 860, 861, 862, 863, and thank the Chair. not adopting this rule, Senator 872. The PRESIDING OFFICER. The Sen- DEMINT’s rule, is we undermine again The PRESIDING OFFICER. Is there ator from Oklahoma. the integrity of this body. objection? Mr. COBURN. I ask unanimous con- The American people deserve trans- Mr. CORNYN. I object. sent to speak as in morning business parency. The American people should The PRESIDING OFFICER. Objec- for the next 10 minutes. have transparency. The only way we tion is heard. The PRESIDING OFFICER. Without can truly be held accountable by the Mr. ROCKEFELLER. Would the Sen- objection, it is so ordered. American people is if they can see ev- ator yield? EARMARKS erything that is going on. Mr. CORNYN. Mr. President, I be- Mr. COBURN. Mr. President, it is To deny this rule, to deny the fact we lieve the Senator from West Virginia very important we not leave the debate are going to operate in the open, to has the floor. I don’t. on earmarks. What we saw was an issue deny the fact we are going to be held The PRESIDING OFFICER. The Sen- about the integrity of Congress which accountable is exactly what the Amer- ator from West Virginia is recognized. Senator DEMINT and myself have been ican people are sick of. Mr. ROCKEFELLER. The Senator championing. There are only 4 Mem- I remind my colleagues we do not from West Virginia would be interested bers of the Senate who don’t offer ear- have a higher favorability rating than as to why it is the distinguished Sen- marks, 4 out of 100 who don’t play the the President at this time, whom we ator from Texas objects. game of earmarks. It is important that are so quick to impugn, and the reason Mr. CORNYN. Mr. President, let me the American people know that if we we do not is the very reason we saw in suggest the absence of a quorum. are going to have earmarks, it ought to the objection placed on this rule, this The PRESIDING OFFICER. The Sen- be clearly identified. We ought to know resolution. To me, it is a sad day in the ator from West Virginia has the floor. who is benefiting, who is getting the Senate because we are playing games Mr. ROCKEFELLER. Mr. President, I money, who is sponsoring the money, again with the American people. I said, suggest the absence of a quorum. and what the outcome will be. It is after we passed the ethics bill, it will The PRESIDING OFFICER. The great that the Appropriations Com- be a long time until we see anything. It clerk will call the roll. mittee has just stated that they are will be a long time. It has already been The assistant legislative clerk pro- going to voluntarily accede to the rules a long time. Why hasn’t it been ceeded to call the roll. we passed 98 to 0, except there is one conferenced? There have been 80 days Mr. CORNYN. Mr. President, I ask small problem with that; the fact is, to conference an ethics bill. There has unanimous consent that the order for there is no enforcement of the rules not been the first step. There has not the quorum call be rescinded. available to Senators when they vio- been the naming of conferees. There The PRESIDING OFFICER. Without late that very point, which means they has not been the first step to move for- objection, it is so ordered. may follow that, but if, in fact, they do ward toward that. AMENDMENT NO. 849 TO AMENDMENT NO. 843 not, we have no course of action with The American people should sur- (Purpose: To amend chapter 113B of title 18, which to raise a point of order when mise—and correctly—the Congress still United States Code, to prohibit the re- they do not. wants to work in the shadows, they cruitment of persons to participate in ter- I wish to go back to something the still do not want to have transparency; rorism, to provide remedies for immigra- esteemed Senator from Illinois said, therefore, they still do not want to be tion litigation, and to amend the Immigra- which is, we have gotten what we want. held accountable by the American peo- tion and Nationality Act to modify the re- No, we have not. We have not gotten it ple. quirements related to judicial review of until the American people get the I thank you for the time and yield visa revocation and to modify the require- transparency they need about how the back, and I will offer no objection to ments related to detention and removal of aliens ordered removed) Congress operates. If you eliminate the request of the Senator from West earmarks in appropriations but do not Virginia to accept amendments on the Mr. CORNYN. Mr. President, I ask eliminate earmarks in authorizations, Intelligence authorization bill. unanimous consent to set aside the what is authorized as an earmark will I suggest the absence of a quorum. pending amendment and call up come to the appropriation as not an The PRESIDING OFFICER. The Amendment No. 849. earmark because it is then authorized, clerk will call the roll. The PRESIDING OFFICER. Is there so we will play the same game but one The assistant legislative clerk pro- objection? step further back. ceeded to call the roll. Without objection, it is so ordered. I am disappointed at the leadership, Mr. CORNYN. Mr. President, I ask The clerk will report. that they would block what the Amer- unanimous consent that the order for The assistant legislative clerk read ican people so fully want. And the idea the quorum call be rescinded. as follows: we have to conference what should be a The PRESIDING OFFICER. Without The Senator from Texas [Mr. CORNYN] pro- Senate rule, when the House has al- objection, it is so ordered. poses an amendment numbered 849 to amend- ready passed a rule—they operate Mr. CORNYN. Mr. President, I ask ment No. 843. under the very same thing Senator unanimous consent to set aside the (The amendment is printed in the DEMINT has asked for—all we have to pending amendment so I may call up RECORD of Monday, April 16, 2007, under do is agree we will, in fact, abide by amendments Nos. 848, 849, 850, 851, 852, ‘‘Text of Amendments.’’) those rules by accepting that as a rule and 853, en bloc. Mr. CORNYN. Mr. President, I yield of the Senate. Anything less than that The PRESIDING OFFICER. Is there the floor. is political Washington doublespeak objection? The PRESIDING OFFICER. The Sen- which the American people are tired of. Mr. ROCKEFELLER. Objection. ator from West Virginia is recognized. There should not be one earmark, The PRESIDING OFFICER. Objec- AMENDMENTS NOS. 846, AS MODIFIED; 856, 858, 859, one special favor, one indication of tion is heard. 860, AS MODIFIED; 861, AS MODIFIED; 862, 863, anything done at any level—authoriza- Mr. ROCKEFELLER. Mr. President, AND 872, AS MODIFIED, EN BLOC, TO AMEND- tion or appropriations—the American as I indicated before, the distinguished MENT NO. 843 people are not fully aware of as to who Republican manager, Senator BOND, Mr. ROCKEFELLER. Mr. President, I has the vetted interest and who will be and I and our staffs have been working resume my request which I will make the benefactor and what the motiva- together to clear some amendments. in full, and that is that the Republican

VerDate Aug 31 2005 01:45 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G17AP6.016 S17APPT1 jcorcoran on PROD1PC62 with SENATE April 17, 2007 CONGRESSIONAL RECORD — SENATE S4561 manager, Senator BOND, and this Sen- current disclosure to all the members of the (B) The total number of prisoners or de- ator from West Virginia and our staffs Select Committee on Intelligence of the Sen- tainees held at each prison or facility during have been working together to clear ate and the Permanent Select Committee on its operation. some amendments. We have cleared 10 Intelligence of the House of Representatives (C) The current number of prisoners or de- of any information necessary to keep all the tainees held at each operational prison or fa- amendments—9 amendments. I ask members of such committees fully and cur- cility. unanimous consent that it be in order rently informed on all intelligence activities (D) The total and average annual costs of for the Senate to consider en bloc the covered by this section.’’. each prison or facility during its operation. following amendments, that they be (2) CONFORMING AMENDMENT.—Subsection (E) A description of the interrogation pro- agreed to en bloc, and the motions to (d) of such section, as redesignated by para- cedures used or formerly used on detainees reconsider be laid upon the table en graph (1)(A) of this subsection, is amended at each prison or facility, including whether bloc. Those amendment numbers are by striking ‘‘subsection (b)’’ and inserting a determination has been made that such 846, 856, 858, 859, 860, 861, 862, 863, and ‘‘subsections (b) and (c)’’. procedures are or were in compliance with 872. (c) REPORTS AND NOTICE ON COVERT AC- the United States obligations under the Ge- The PRESIDING OFFICER. Is there TIONS.— neva Conventions and the Convention (1) FORM AND CONTENT OF CERTAIN RE- Against Torture. objection? PORTS.—Subsection (b) of section 503 of such Without objection, it is so ordered. AMENDMENT NO. 861, AS MODIFIED Act (50 U.S.C. 413b) is amended— Beginning on page 96, strike line 24 and all The amendments were agreed to, as (A) by redesignating paragraphs (1) and (2) follows: that follows through page 97, line 6, and in- as subparagraphs (A) and (B), respectively; sert the following: AMENDMENT NO. 846, AS MODIFIED (B) by inserting ‘‘(1)’’ after ‘‘(b)’’; and ‘‘(2)(A) As directed by the Director of Na- On page 37, between lines 19 and 20, insert (C) by adding at the end the following new tional Intelligence, the National Geospatial- the following: paragraph: Intelligence Agency shall also develop a sys- ‘‘(7) develop 15-year projections and assess- ‘‘(2) Any report relating to a covert action tem to facilitate the analysis, dissemination, ments of the needs of the intelligence com- that is submitted to the congressional intel- and incorporation of likenesses, videos, or munity to ensure a robust federal scientific ligence committees for the purposes of para- presentations produced by ground-based and engineering workforce and the means to graph (1) shall be in writing, and shall con- platforms, including handheld or clandestine recruit such a workforce through integrated tain the following: photography taken by or on behalf of human scholarships across the intelligence commu- ‘‘(A) A concise statement of any facts per- intelligence collection organizations or nity, including research grants and coopera- tinent to such report. available as open source information into tive work-study programs; ‘‘(B) An explanation of the significance of the National System for Geospatial-Intel- AMENDMENT NO. 856 the covert action covered by such report.’’. ligence. (2) NOTICE ON INFORMATION NOT DIS- (Purpose: To strike the requirement for a AMENDMENT NO. 862 study on the disclosure of additional intel- CLOSED.—Subsection (c) of such section is (Purpose: To change the name of the Na- ligence information) amended by adding at the end the following new paragraph: tional Space Intelligence Center to the Na- Beginning on page 11, strike line 18 and all tional Space Intelligence Office) that follows through page 12, line 20. ‘‘(5) If the Director of National Intelligence or the head of a department, agency, or Strike section 410 and insert the following: AMENDMENT NO. 858 other entity of the United States Govern- SEC. 410. NATIONAL SPACE INTELLIGENCE OF- (Purpose: To improve the notification of ment does not provide information required FICE. Congress regarding intelligence activities by subsection (b) in full or to all the mem- (a) ESTABLISHMENT.— of the United States Government) bers of the congressional intelligence com- (1) IN GENERAL.—Title I of the National Se- Strike section 304 and insert the following: mittees, and requests that such information curity Act of 1947 (50 U.S.C. 401 et seq.) is SEC. 304. IMPROVEMENT OF NOTIFICATION OF not be so provided, the Director shall, in a amended by adding after section 119B the fol- CONGRESS REGARDING INTEL- timely fashion, notify such committees of lowing new section: LIGENCE ACTIVITIES OF THE the determination not to provide such infor- ‘‘NATIONAL SPACE INTELLIGENCE OFFICE UNITED STATES GOVERNMENT. mation in full or to all members of such (a) CLARIFICATION OF DEFINITION OF CON- ‘‘SEC. 119C. (a) ESTABLISHMENT.—There is committees. Such notice shall be submitted GRESSIONAL INTELLIGENCE COMMITTEES TO IN- established within the Office of the Director in writing in a classified form, include a CLUDE ALL MEMBERS OF COMMITTEES.—Sec- of National Intelligence a National Space In- statement of the reasons for such determination 3(7) of the National Security Act of 1947 telligence Office. tion and a description that provides the (50 U.S.C. 401a(7)) is amended— ‘‘(b) DIRECTOR OF NATIONAL SPACE INTEL- main features of the covert action covered (1) in subparagraph (A), by inserting ‘‘, and LIGENCE OFFICE.—The National Intelligence by such determination, and contain no re- includes each member of the Select Com- Officer for Science and Technology, or a suc- striction on access to this notice by all mem- mittee’’ before the semicolon; and cessor position designated by the Director of bers of the committee.’’. (2) in subparagraph (B), by inserting ‘‘, and National Intelligence, shall act as the Direc- (3) MODIFICATION OF NATURE OF CHANGE OF includes each member of the Permanent Se- tor of the National Space Intelligence Office. COVERT ACTION TRIGGERING NOTICE REQUIRE- lect Committee’’ before the period. ‘‘(c) MISSIONS.—The National Space Intel- MENTS.—Subsection (d) of such section is (b) NOTICE ON INFORMATION NOT DIS- ligence Office shall have the following mis- amended by striking ‘‘significant’’ the first CLOSED.— sions: place it appears. (1) IN GENERAL.—Section 502 of such Act (50 ‘‘(1) To coordinate and provide policy di- U.S.C. 413a) is amended— AMENDMENT NO. 859 rection for the management of space-related (A) by redesignating subsections (b) and (c) (Purpose: To strike the pilot program on dis- intelligence assets. as subsections (c) and (d), respectively; and closure of records under the Privacy Act ‘‘(2) To prioritize collection activities con- (B) by inserting after subsection (a) the relating to certain intelligence activities) sistent with the National Intelligence Col- lection Priorities framework, or a successor following new subsection (b): Strike section 310. ‘‘(b) NOTICE ON INFORMATION NOT DIS- framework or other document designated by CLOSED.—(1) If the Director of National Intel- AMENDMENT NO. 860, AS MODIFIED the Director of National Intelligence. ligence or the head of a department, agency, Beginning on page 29, strike line 24 and all ‘‘(3) To provide policy direction for pro- or other entity of the United States Govern- that follows through page 31, line 15, and in- grams designed to ensure a sufficient cadre ment does not provide information required sert the following: of government and nongovernment personnel by subsection (a) in full or to all the mem- (1) REPORT REQUIRED.—Not later than 60 in fields relating to space intelligence, in- bers of the congressional intelligence com- days after the date of the enactment of this cluding programs to support education, re- mittees, and requests that such information Act, the Director of National Intelligence cruitment, hiring, training, and retention of not be so provided, the Director shall, in a shall provide to the members of the Select qualified personnel. timely fashion, notify such committees of Committee on Intelligence of the Senate and ‘‘(4) To evaluate independent analytic as- the determination not to provide such infor- the Permanent Select Committee on Intel- sessments of threats to classified United mation in full or to all members of such ligence of the House of Representatives a re- States space intelligence systems through- committees. Such notice shall be submitted port on any clandestine prison or detention out all phases of the development, acquisi- in writing in a classified form, include a facility currently or formerly operated by tion, and operation of such systems. statement of the reasons for such determina- the United States Government for individ- ‘‘(d) ACCESS TO INFORMATION.—The Direc- tion and a description that provides the uals captured in the global war on terrorism. tor of National Intelligence shall ensure that main features of the intelligence activities (2) ELEMENTS.—The report required by the National Space Intelligence Office has covered by such determination, and contain paragraph (1) shall include the following: access to all national intelligence informa- no restriction on access to this notice by all (A) The date each prison or facility became tion (as appropriate), and such other infor- members of the committee. operational, and if applicable, the date on mation (as appropriate and practical), nec- ‘‘(2) Nothing in this subsection shall be which each prison or facility ceased its oper- essary for the Office to carry out the mis- construed as authorizing less than full and ations. sions of the Office under subsection (c).

VerDate Aug 31 2005 23:46 Apr 17, 2007 Jkt 059060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G17AP6.024 S17APPT1 jcorcoran on PROD1PC62 with SENATE S4562 CONGRESSIONAL RECORD — SENATE April 17, 2007 ‘‘(e) SEPARATE BUDGET ACCOUNT.—The Di- ‘‘(B) exercise, by reason of the officer’s sta- on the bill. As indicated, we have some rector of National Intelligence shall include tus as a commissioned officer, any super- drafting problems we are working out, in the National Intelligence Program budget vision or control with respect to any of the but we also have high hopes of being a separate line item for the National Space military or civilian personnel of the Depart- able to adopt a number of the amend- Intelligence Office.’’. ment of Defense except as otherwise author- (2) CLERICAL AMENDMENT.—The table of ized by law. ments that have been filed on both contents for that Act is amended by insert- ‘‘(3) Except as provided in subparagraph sides. Some of them may require modi- ing after the item relating to section 119B (A) or (B) of paragraph (2), the service, or the fication. the following new item: administrative performance of duties, de- Mr. President, as we get ready to go ‘‘Sec. 119C. National Space Intelligence Of- scribed in that paragraph by an officer de- to our policy lunches, I once again ask fice.’’. scribed in that paragraph shall not affect the that Members with amendments come (b) REPORT ON ORGANIZATION OF OFFICE.— status, position, rank, or grade of such offi- forward and let us know what the (1) REPORT REQUIRED.—Not later than 180 cer in the Armed Forces, or any emolument, amendments are. We ask that they be days after the date of the enactment of this perquisite, right, privilege, or benefit inci- dent to or arising out of such status, posi- germane, because nongermane amend- Act, the Director of the National Space In- ments, even if they are passed, will not telligence Office shall submit to the Select tion, rank, or grade. Committee on Intelligence of the Senate and ‘‘(4) A commissioned officer described in survive conference. We want to keep the Permanent Select Committee on Intel- paragraph (2), while serving, or continuing in the proceedings moving forward, so we ligence of the House of Representatives a re- the administrative performance of duties, as ask that amendments be germane. We port on the organizational structure of the described in that paragraph and while re- ask Members to work with us so we can National Space Intelligence Office estab- maining on active duty, shall continue to re- accept them or offer a compromise to ceive military pay and allowances. Funds lished by section 119C of the National Secu- make them acceptable. We want to do rity Act of 1947 (as added by subsection (a)). from which such pay and allowances are paid shall be reimbursed from funds available to that. Otherwise, when votes are need- (2) ELEMENTS.—The report required by ed, and I am sure they will be, we ask paragraph (1) shall include the following: the Director of the Central Intelligence (A) The proposed organizational structure Agency.’’. that a reasonable time period be agreed of the National Space Intelligence Office. (b) CONFORMING AMENDMENT.—Paragraph on by both sides, the proponent of the (B) An identification of key participants in (2) of subsection (e) of such section, as redes- amendment and the opponent, so we the Office. ignated by subsection (a)(1) of this section, is may get some orderly procedure so our (C) A strategic plan for the Office during further amended by striking ‘‘subsection (d)’’ colleagues will know how we are mov- and inserting ‘‘subsection (f)’’. the five-year period beginning on the date of ing forward and we can show progress. the report. (c) EXECUTIVE SCHEDULE LEVEL III.—Sec- tion 5314 of title 5, United States Code, is I thank the Chair and I yield the AMENDMENT NO. 86 amended by adding at the end the following floor. (Purpose: To modify the requirements renew item: f lated to the Director and Deputy Director ‘‘Deputy Director of the Central Intel- of the Central Intelligence Agency) ligence Agency.’’. RECESS Strike section 421 and insert the following: (d) ROLE OF DNI IN APPOINTMENT.—Section The PRESIDING OFFICER. Under SEC. 421. DIRECTOR AND DEPUTY DIRECTOR OF 106(b)(2) of the National Security Act of 1947 the previous order, the Senate stands THE CENTRAL INTELLIGENCE AGEN- (50 U.S.C. 403–6(b)(2)) is amended by adding in recess until 2:15 p.m. CY. at the end the fallowing new subparagraph: (a) ESTABLISHMENT OF POSITION OF DEPUTY ‘‘(J) The Deputy Director of the Central In- Thereupon, the Senate, at 12:40 p.m., DIRECTOR OF CENTRAL INTELLIGENCE AGEN- telligence Agency.’’. recessed until 2:15 p.m., and reassem- CY.—Subsection (a) of section 104A of the Na- (e) EFFECTIVE DATE AND APPLICABILITY.— bled when called to order by the Pre- tional Security Act of 1947 (50 U.S.C. 403–4a) The amendments made by this section shall siding Officer (Mr. CARPER). is amended— take effect on the date of the enactment of f (1) by redesignating subsections (b), (c), this Act and shall apply upon the earlier of— (d), (e), (f), and (g) as subsections (d), (e), (f), (1) the date of the nomination by the Presi- INTELLIGENCE AUTHORIZATION (g), (h), and (i) respectively; and dent of an individual to serve as Deputy Di- ACT FOR FISCAL YEAR 2007—Con- (2) by inserting after subsection (a) the fol- rector of the Central Intelligence Agency, tinued lowing new subsections (b) and (c): except that the individual administratively ‘‘(b) DEPUTY DIRECTOR OF CENTRAL INTEL- performing the duties of the Deputy Director The PRESIDING OFFICER. The LIGENCE AGENCY.—(1) There is a Deputy Di- pending business is the Cornyn amend- rector of the Central Intelligence Agency of the Central Intelligence Agency as of the date of the enactment of this Act may con- ment. Who seeks recognition? who shall be appointed by the President, by The Senator from Tennessee is recog- and with the advice and consent of the Sen- tinue to perform such duties after such date ate. of nomination and until the individual ap- nized. ‘‘(2) The Deputy Director of the Central In- pointed to the position of Deputy Director of Mr. ALEXANDER. Mr. President, I telligence Agency shall assist the Director of the Central Intelligence Agency, by and with ask unanimous consent to speak as in the Central Intelligence Agency in carrying the advice and consent of the Senate, as- morning business for 5 minutes. out the duties and responsibilities of the Di- sumes the duties of such position; or Mr. KYL. Mr. President, I wonder if rector. (2) the date of the cessation of the perform- ‘‘(3) The Deputy Director of the Central In- ance of the duties of Deputy Director of the my colleague will first allow me to lay telligence Agency shall act for, and exercise Central Intelligence Agency by the indi- down an amendment but not speak to the powers of, the Director of the Central In- vidual administratively performing such du- it. telligence Agency during the absence or dis- ties as of the date of the enactment of this Mr. ALEXANDER. Yes. ability of the Director of the Central Intel- Act. The PRESIDING OFFICER. The Sen- ligence Agency or during a vacancy in the AMENDMENT NO. 872, AS MODIFIED ator from Arizona is recognized. position of Director of the Central Intel- On page 28, line 19, strike ‘‘legal opinions’’ Mr. KYL. Mr. President, is there a ligence Agency. ‘‘(c) MILITARY STATUS OF DIRECTOR OF THE and insert ‘‘legal justifications’’. pending amendment? CENTRAL INTELLIGENCE AGENCY AND DEPUTY Mr. BOND. Mr. President, I move to The PRESIDING OFFICER. Yes, it is DIRECTOR OF CENTRAL INTELLIGENCE AGEN- reconsider the vote. the Cornyn amendment. CY.—(1) Not more than one of the individuals Mr. ROCKEFELLER. I move to lay Mr. KYL. Mr. President, I ask unani- serving in the positions specified in sub- that motion on the table. mous consent to lay aside the pending section (a) and (b) may be a commissioned The motion to lay on the table was amendment. officer of the Armed Forces in active status. The PRESIDING OFFICER. Without ‘‘(2) A commissioned officer of the Armed agreed to. Forces who is serving as the Director or Dep- Mr. ROCKEFELLER. Mr. President, I objection, it is so ordered. uty Director of the Central Intelligence also ask unanimous consent that it be AMENDMENT NO. 866 TO AMENDMENT NO. 849 Agency or is engaged in administrative per- in order for any of the cleared amend- Mr. KYL. Mr. President, I simply ask formance of the duties of Director or Deputy ments to be modified to comport to the unanimous consent to call up as a sec- Director of the Central Intelligence Agency substitute. ond-degree amendment to the pending shall not, while continuing in such service, The PRESIDING OFFICER. Is there amendment my amendment No. 866. or in the administrative performance of such duties— objection? The PRESIDING OFFICER. The ‘‘(A) be subject to supervision or control by Without objection, it is so ordered. clerk will report. the Secretary of Defense or by any officer or Mr. BOND. Mr. President, I thank the The assistant legislative clerk read employee of the Department of Defense; or Chairman. We are moving forward now as follows:

VerDate Aug 31 2005 04:52 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A17AP6.003 S17APPT1 jcorcoran on PROD1PC62 with SENATE April 17, 2007 CONGRESSIONAL RECORD — SENATE S4563 The Senator from Arizona [Mr. KYL] pro- come U.S. citizens every year. Each of the United States of America, but it is poses an amendment numbered 866 to amend- us has attended ceremonies where this not our greatest strength. Our greatest ment No. 849. happens. This is at the very heart of strength is that we have been able to Mr. KYL. Mr. President, I ask unani- our Nation. This is why we call the take all of this diversity and mold it mous consent that reading of the United States of America the Nation of into one country, not because of race amendment be dispensed with. immigrants. What is so important or ethnicity but because of a belief in a The PRESIDING OFFICER. Without about them is that no one becomes an few principles and our common lan- objection, it is so ordered. American based upon his or her race or guage. We are able to say we are proud The amendment is as follows: where their grandparents came from. of where we came from, but we are (Purpose: To protect classified information) In fact, that is constitutionally imper- prouder to be Americans. At the end, add the following: missible. One becomes an American by I salute the U.S. Citizenship and Im- SEC. lll. UNLAWFUL DISCLOSURE OF CLASSI- a remarkable oath of allegiance to this migration Services for this document, FIED REPORTS BY ENTRUSTED PER- country as opposed to some other coun- and the National Endowment for the SONS. try, and then demonstrating good char- Humanities for its hard work on it. The (a) IN GENERAL.—It shall be unlawful for acter, being here for 5 years, and show- Citizen’s Almanac includes the patri- any person who is an employee or member of ing that you know our common lan- the Senate or House of Representatives, or otic anthems and symbols of the who is entrusted with or has lawful posses- guage, English, and an understanding United States, Presidential and histor- sion of, access to, or control over any classi- of the U.S. history. ical speeches from Presidents Lincoln, fied information contained in a report sub- The importance of that was brought Washington, Roosevelt, Kennedy and mitted to Congress under this Act, the USA home to me last week when I was vis- Reagan, and Martin Luther King, Jr., PATRIOT Improvement and Reauthorization iting in Nashville. About 30 percent of and landmark decisions of the Supreme Act of 2005 (Public Law 109–177; 120 Stat. 192), all of the students in Tennessee who Court. It ought to be in every Senate the Intelligence Reform and Terrorism Pre- have limited English proficiency hap- vention Act of 2004 (Public Law 108–458; 118 office. It will be in every home of every pen to be in the Nashville School Dis- new citizen. It will be a good document Stat. 3638), or an amendment made by any trict, and Pedro Garcia, the super- such Act to— to be in every school in America. (1) knowingly and willfully communicate, intendent of schools, was telling me I yield the floor. that many of those students who are furnish, transmit, or otherwise makes avail- EXHIBIT 1 able such information to an unauthorized not now American citizens want to [From the U.S. Department of Homeland Se- person; make sure they learn enough U.S. his- curity, U.S. Citizenship and Immigration (2) publish such information; or tory in middle school and high school Services, Jan. 22, 2007] (3) use such information in any manner so they can pass the citizenship test prejudicial to the safety or interest of the and become Americans when they grad- USCIS NATURALIZATION TEST REDESIGN United States or for the benefit of any for- uate. U.S. Citizenship and Immigration Services eign government to the detriment of the Today, the U.S. Citizenship and Im- (USCIS) is revising the naturalization test to United States. migration Services, USCIS, is formally create a test and testing process that is (b) PENALTY.—Any person who violates standardized, fair and meaningful. A stand- subsection (a) shall be fined under title 18, releasing the Citizen’s Almanac. I call ardized and fair naturalization test will in- United States Code, imprisoned not more it to the attention of our colleagues. It clude uniform testing protocols and proce- than 10 years, or both. is a collection of American symbols of dures nationwide to ensure that there is no (c) INFORMATION TO CONGRESS.—Nothing in freedom and liberty to be given to variation between offices. A meaningful test this section shall prohibit the furnishing, every newly sworn citizen, and that will encourage civic learning and patriotism upon lawful demand, of information to any would be 650,000 this year. It is built among prospective citizens. A revised test, regularly constituted committee of the Sen- upon action that was taken earlier this with an emphasis on the fundamental con- ate or House of Representatives, or joint year by the USCIS to create a new and cepts of American democracy and the rights committee thereof. and responsibilities of citizenship, will help (d) DEFINITIONS.—As used in this section— better citizenship test. At the conclusion of my remarks, I to encourage citizenship applicants to learn (1) the term ‘‘classified information’’ and identify with the basic values that we all means information which, at the time of a ask unanimous consent that a fact share as Americans. violation of this section, is determined to be sheet about the naturalization test re- BACKGROUND Confidential, Secret, or Top Secret pursuant design be printed in the RECORD. to Executive Order 12958, or any successor The PRESIDING OFFICER. Without During the past 10 years, the standardiza- thereto; and objection, it is so ordered. tion and meaningfulness of the naturaliza- (2) the term ‘‘unauthorized person’’ means (See exhibit 1.) tion test have come under scrutiny. Various any person who does not have authority or studies found that the exam lacked standard- Mr. ALEXANDER. Mr. President, the ized content, instruments, protocols or scor- permission to have access to the classified purpose of that test is to simply give information under the provisions of a stating system. Inconsistencies were reported in new meaning to what it means to be an the way the exams were administered na- ute, Executive Order, regulation, or directive American. That oath of allegiance of the head of any department or agency who tionwide, and there was no assessment of is empowered to classify information. which these 650,000 new citizens will whether applicants had a meaningful undertake is basically the same oath that standing of U.S. history and government. The PRESIDING OFFICER. The Sen- George Washington and his officers To address these concerns, Immigration ator from Tennessee is now recognized. took at Valley Forge in 1778. It has a and Naturalization Services (INS) launched a USCIS NATURALIZATION TEST REDESIGN great deal of meaning. Other countries test redesign project in 2000 that has included technical assistance from several test Mr. ALEXANDER. Mr. President, I in the world have not had the experi- thank my colleagues for giving me 5 development contractors, the National Acad- ence we have had helping people from emy of Sciences, a panel of history and U.S. minutes. around the world become Americans. government scholars, and a panel of English As my late friend Alex Haley, the au- The English, the French, the Japanese, as a Second Language (ESL) experts. In addi- thor of ‘‘Roots,’’ said, ‘‘Find the good and the Germans are struggling with tion, USCIS has sought input from a variety and praise it.’’ We talk an awful lot that right now, as people move in who of stakeholders, including immigrant advo- about illegal immigration here in the are not Japanese, German, English, or cacy groups, citizenship instructors, ESL Senate. The majority and minority French. It is hard for them to become teachers, and USCIS District Adjudications leaders have both said that before Me- part of that national identity. We have Officers. morial Day, we will bring up immigra- not had that problem. We welcome ev- Changes to the naturalization test tion reform in a comprehensive man- eryone based upon their understanding The reading and writing portions of the ner. I hope very much that we do that. of the symbols and documents rep- pilot naturalization exam is similar to the That is our responsibility. It is too big resented in the Citizen’s Almanac. So if current test except that the new exam con- a problem for one party to solve, and we don’t teach about these things in tains more civics-based vocabulary. Appli- we should work on it in a bipartisan cants will still have up to three chances to our schools or immigrants don’t learn read and write a sentence correctly in way. it in the naturalization process, then English. In the writing section of the test, Today, I want to talk about legal im- we are not a united country. the testing officer will dictate a sentence migration as opposed to illegal immi- As I have said many times on this and ask the applicant to write everything gration. About 650,000 individuals be- floor, diversity is a great strength of the officer reads. During the reading portion

VerDate Aug 31 2005 23:46 Apr 17, 2007 Jkt 059060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G17AP6.027 S17APPT1 jcorcoran on PROD1PC62 with SENATE S4564 CONGRESSIONAL RECORD — SENATE April 17, 2007 of the test, the test officer will ask the appli- new test is fully implemented nationwide in USCIS will continue to meet with local im- cant to read each word out loud in that sen- 2008. During this pilot, USCIS will carefully migrant service providers, advocates, and tence. analyze the new test questions to make cer- ESL teachers in pilot sites to gain their sup- The proposed format for the new civics tain that the questions are fair and work as port so that they can encourage immigrants exam will still require applicants to cor- they were intended. USCIS will also collect to participate in their government and make rectly answer six out of 10 questions chosen information about testing procedures, to in- this a successful pilot. from a master list of 100 civics questions and clude feedback from DAOs, to help refine the The PRESIDING OFFICER. The Sen- answers. The difference is that the new sen- testing procedures and facilitate the smooth ator from California is recognized. tences will now focus on civics and history transition to the new naturalization exam. Mrs. FEINSTEIN. Mr. President, I topics, rather than the general range of top- Q. What will USCIS pilot? ask unanimous consent that Senator ics on the current test. USCIS has placed A. USCIS plans to pilot 142 U.S. history these questions and answers, along with a and government questions and approxi- FEINGOLD and I be permitted to speak study guide on the Internet and elsewhere in mately 36 reading and 36 writing items. The for up to 10 minutes as in morning the public domain to help applicants pre- topic areas include principals of American business. pare. democracy, system of government, rule of The PRESIDING OFFICER. Without Q. What are the new civics questions and law, rights and responsibilities, American objection, it is so ordered. English vocabulary list items? History, and geography. About half of the SENATE CAMPAIGN DISCLOSURE PARITY ACT A. USCIS posted has made the English vo- questions include rephrased versions of ques- Mrs. FEINSTEIN. Mr. President, I cabulary lists available at: www.uscis.gov/ tions on the current test. All citizenship ap- rise in my capacity as chairman of the natzpilot. plicants in the 10 pilot areas who are sched- Rules Committee to speak about a bill Q. How were the questions developed? uled for their naturalization test during the A. English Items. A panel of English as a pilot will receive advance copies of the civics that the Committee heard and passed Second Language (ESL) and other test devel- questions and the two lists of vocabulary for out unanimously a short time ago. opment experts chosen by the association of self-study. USCIS has also posted these That bill is entitled the ‘‘Senate Cam- Teachers of English to Speakers of Other study materials on the web at: http:// paign Disclosure Parity Act.’’ It is Languages (TESOL) developed the English www.uscis.gov/natzpilot. The actual test will sponsored by Senators FEINGOLD, COCH- items. The TESOL panel established an become available to the public. RAN, and 32 other Senators. It would re- English language level for the test con- Q. How were the questions selected? quire that Senate campaign finance re- sistent with Department of Education re- A. The TESOL panel assisted USCIS in ports be filed electronically rather porting levels for adult basic education. drafting and reviewing civics questions using Civics Items. The TESOL panel also as- best practices and conventional sample tech- than in paper format. That is all the sisted in drafting and reviewing civics ques- niques, such as regression analysis, cur- bill does. tions using a content framework identified rently used in private industry. Currently, House candidates, Presi- by the Office of Citizenship from a review of Q. Where are the test sites? dential candidates, political action government authorized civics and citizenship A. The pilot program will run in 10 cities committees, and party committees are texts, the U.S. Department of Education’s that were randomly selected based on citi- all required to file electronically, and National Standards for Civics and Govern- zenship application volume. The ten pilot they do. But Senators, Senate can- ment, the current naturalization test, and sites are: Albany, NY, Boston, MA; Charles- didates, authorized campaign commit- the study guide developed by a panel of ex- ton, S.C.; Denver; EL Paso, Texas; Kansas tees, and the Democratic and Repub- perts assembled by USCIS in 2004. City, Mo.; Miami; San Antonio, Texas; Tuc- Q. How are the new questions an improve- son, Ariz.; and Yakima, Wash. lican Senate campaign committees are ment over the old questions? Q. How were the 10 pilot cities selected? exempt. As a result, we have a very A. By weighing the questions on the new A. To capture the diversity of USCIS of- cumbersome system in which paper civics and U.S. history test we will ensure fices and applicants, USCIS randomly se- copies of disclosure reports are filed that all test forms are at the same cognitive lected a representative sample of 10 districts with the Senate Office of Public and language level. By creating test forms at by geographic region and the volume of ap- Records, which then scans them, the same level of difficulty, we are ensuring plications that were processed in each office makes an electronic copy of them, and to conduct the pilot. This method will help that an applicant who goes for an interview sends that copy to the FEC on a dedi- in one city of the country has the same insure that the final results can be made chance of passing the test as in any other with equal accuracy and statistical weight. cated communications line. The FEC city. The English vocabulary on the new test Q. What is the purpose of the pilot? then prints the report and sends it to a is also fairer because it is targeted at a lan- A. A pilot is a crucial component of any vendor in Fredericksburg, VA, where guage level consistent with the Department test design process. A pilot ensures that the the information is keyed in by hand of Education reporting standards for the draft test items, scoring rubrics, and admin- and transferred back to the FEC data- level required by Section 312 of the Immigra- istration processes are appropriate, not too base. All of this costs about $250,000, tion and Nationality Act. District Adjudica- difficult, and elicit the responses we expect. and it is a waste of money, a waste of tion Officers are being trained to administer Q. How will USCIS conduct the pilot? A. USCIS must administer about 6,000 tests staff, and a waste of time. and score the naturalization tests in the At our hearing on February 14 on this same way nationwide to ensure uniform ad- to achieve a representative and significant ministration of the test. study. bill—and this bill is just on this point— Applicants will receive a study guide on Pilots will begin in February 2007 and will it was clear that there was no public the new civics and U.S. history questions so last between two to four months. opposition to this proposal, only public they can deepen their knowledge and under- USCIS trained the test administrators on support. The bill has been hotlined. It standing of our Nation as they prepare for the new exam process. has cleared on the Democratic side. It the exam. The new items will focus less on USCIS will mail a notification to all applicants scheduled for an interview at the pilot has not cleared on the Republican side. redundant and trivial questions based on Now, again, this bill says we will just rote memorization and will focus on con- sites during the pilot period informing them that they have the opportunity to partici- allow us to electronically file our quar- cepts, such as the rights and responsibilities terly reports. I just electronically filed of citizenship. Some items on the current pate in the national pilot program. test fit those needs and required little con- Applicants will also receive a letter ex- my quarterly reports. I then gave a tent change, so several items from the cur- plaining the pilot and study questions. paper copy to the Secretary of the Sen- Applicants who take the pilot but do not rent test will appear on the revised test. The ate. This is exactly the type of good- pass one or more parts will have the oppor- range of acceptable answers to each question government law the Senate can adopt tunity to take the current test or part of the will also increase so that applicants can current test immediately during the inter- as a stand-alone measure. learn more about a topic and select from a view, thus giving them an additional oppor- I hope we move this legislation wider range of acceptable answers. And fi- tunity to pass the naturalization test. today, without burdening it with other nally, the reading and writing test will pro- Many of the questions on the pilot test and items. It is really long past time to vide a tool for civic learning because the vo- the current test cover the same subjects, so cabulary list is civics-based. bring the Senate into the modern era. additional preparation is expected to be Q. How will the interview process change So I hope my colleagues on both sides minimal. for applicants? of the aisle will join me in ensuring Once pilot results have been analyzed, pi- A. The interview process will not change. timely access and disclosure of Senate loted items will be revised accordingly. PILOT PROGRAM Q. Must applicants participate in the pilot? finance campaign activities and bring As part of the test redesign, USCIS will A. No. Applicants will have the choice to that information before the public. conduct a pilot program in ten cities begin- decline participation in the pilot test. For I will now yield to the author of the ning in February 2007 to ensure the agency those who decline, they will be given the cur- legislation, the distinguished Senator has all the information necessary before the rent test. from Wisconsin.

VerDate Aug 31 2005 01:45 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A17AP6.006 S17APPT1 jcorcoran on PROD1PC62 with SENATE April 17, 2007 CONGRESSIONAL RECORD — SENATE S4565 The PRESIDING OFFICER. The Sen- strong support for it from across the The PRESIDING OFFICER. Without ator from Wisconsin is recognized. political spectrum, and cosponsorship objection, it is so ordered. Mr. FEINGOLD. Mr. President, I from many Republican Senators, and I ACTION ON AMENDMENTS NOS. 856 AND 859 thank the Senator from California. I especially thank Senator COCHRAN for VITIATED am very pleased to be here with her being the main author along with me. Mr. ROCKEFELLER. Mr. President, I today. I sincerely thank the Senator I sincerely hope there won’t be an ob- ask unanimous consent that the pre- from California for moving the Senate jection on the Republican side. It vious action on amendments Nos. 856 Campaign Disclosure Parity Act would be wrong to hold this bill up as and 859 be vitiated. through the Rules Committee so that some kind of bargaining chip. It is time The PRESIDING OFFICER. Without we are now in a position to finally pass for the Senate to pass this bill, and I objection, it is so ordered. this legislation. As the Senator from hope that can be done today. Mr. ROCKEFELLER. I yield the California indicated, at last count, we Once again, I thank the Senator from floor, and I suggest the absence of a now have 35 cosponsors for S. 223, 20 California, and I yield the floor. quorum. Democrats and 15 Republicans, and no Mrs. FEINSTEIN. Mr. President, if I The PRESIDING OFFICER. The known opposition. may, I will ask a question of the Sen- clerk will call the roll. The bill fixes the anomaly in the ator from Wisconsin. First, I thank The assistant legislative clerk pro- election laws that makes it nearly im- him for his leadership on this issue. ceeded to call the roll. possible for the public to get timely ac- If I can ask the Senator, is there any The PRESIDING OFFICER (Mr. cess to Senate campaign finance re- item in this bill other than electronic BROWN). The Senator from West Vir- ports, even though most other reports filing? ginia is recognized. are available on the Internet within 24 Mr. FEINGOLD. No, there is not. Mr. ROCKEFELLER. Mr. President, I hours of their filing with the Federal Mrs. FEINSTEIN. Doesn’t this bill ask unanimous consent that the order Election Commission, FEC. This bill simply enable Members of the Senate, for the quorum call be rescinded. will finally bring Senate campaigns just as every other political office does, The PRESIDING OFFICER. Without into the 21st century by amending the to file directly electronically their fi- objection, it is so ordered. section of the election laws dealing nance reports? Mr. ROCKEFELLER. Mr. President, I with electronic filing to require reports Mr. FEINGOLD. That is all it does. ask unanimous consent that at 5:45 Mrs. FEINSTEIN. I thank the Sen- filed with the Secretary of the Senate p.m. today, the motion to proceed to ator. to be filed electronically and forwarded the motion to reconsider be agreed to, Mr. President, this is such a simple, to the FEC within 24 hours. the motion to reconsider be agreed to, direct bill with respect to trans- This step is long overdue. There is no and without further interning action, parency. It is an idea whose time has excuse for keeping our own campaign the Senate proceed to vote on the mo- long come. It happens everywhere else finance information inaccessible to the tion to invoke cloture on S. 372, the In- except for the Senate, Senate commit- public when the information filed by telligence authorization bill; further, tees, and the Senate campaign commit- House and Presidential candidates, that Members have until 4:45 p.m. to tees. The time is long overdue to pass PACs, parties, and even 527 organiza- file any second-degree amendments. this bill. It is such a simple, good-gov- tions is readily available almost imme- The PRESIDING OFFICER. Without ernment issue. It is very hard for me to diately. The Washington Post has objection, it is so ordered. understand who could oppose this and called the outmoded Senate campaign Mr. ROCKEFELLER. Mr. President, I what their reason for opposing it could reporting system ‘‘obviously unjusti- should say this has been cleared on be. I hope that if there is opposition in fied,’’ and Roll Call has called it ‘‘inde- both sides. this Senate, the Member would be will- fensible.’’ I couldn’t agree more. Mr. President, I suggest the absence The current system means that the ing to come down to the floor and ex- of a quorum. FEC’s detailed coding, which allows press why they would oppose this bill. The PRESIDING OFFICER. The We have the solid support of the en- the press and the public to do more so- clerk will call the roll. tire Rules Committee. This bill was phisticated searches and analysis, is The assistant legislative clerk pro- easy to pass out of committee. It was completed over a week later for Senate ceeded to call the roll. easy to hotline on the Democratic side, reports than for House reports. It The PRESIDING OFFICER. The Sen- and it should be easy to pass by unani- means that the final disclosure reports ator from Iowa is recognized. mous consent. covering the first 2 weeks of October Mr. GRASSLEY. Mr. President, I ask Mr. President, I ask unanimous con- are often not available for detailed unanimous consent that the order for sent that the Senate proceed to the im- scrutiny until after the election. That the quorum call be rescinded. mediate consideration of Calendar No. is scandalous and there is no good rea- The PRESIDING OFFICER. Without 96, S. 223, a bill to require Senate can- son for it. objection, it is so ordered. didates to file designations, state- Let me just say that I know that the Mr. GRASSLEY. Mr. President, I ask ments, and reports in electronic forms; election laws have a big impact on to speak as in morning business for that the committee-reported amend- campaigns and all Senators have a half an hour, although I probably will ment be considered and agreed to; that strong personal stake in vetting not speak that long. the bill, as amended, be read three changes to those laws. I am very famil- The PRESIDING OFFICER. Without times, passed; and that the motion to iar with controversial and contested objection, it is so ordered. reconsider be laid upon the table, with campaign finance legislation. This MEDICARE no intervening action. Mr. GRASSLEY. Mr. President, ear- isn’t that kind of bill. This bill is as The PRESIDING OFFICER. Is there lier this year I gave a series of state- close to a no-brainer as you can get in objection? this area. Mr. ALEXANDER. Mr. President, on ments on this floor on the Medicare In addition to bipartisan support behalf of a Republican Senator, I ob- prescription drug benefit. Back then, I here in the Senate, major media out- ject. said I was informing my colleagues be- lets have endorsed it, as have bloggers The PRESIDING OFFICER. Objec- cause in the near future Congress on the left and the right. No one that tion is heard. would consider some fundamental I know of opposes it. And yet, it has Mrs. FEINSTEIN. I yield the floor. changes in how the benefit works. now been nearly 3 and a half years Mr. ROCKEFELLER. Mr. President, I Well, for the entire Senate, the fu- since I first introduced it. That is near- suggest the absence of a quorum. ture is now. Last week the Senate Fi- ly half as long as it took us to pass The PRESIDING OFFICER. The nance Committee marked up legisla- McCain-Feingold. I know McCain-Fein- clerk will call the roll. tion on the so-called prohibition on gold. You might say McCain-Feingold The assistant legislative clerk pro- Government negotiations under the is a friend of mine. This bill is no ceeded to call the roll. Medicare prescription drug benefit. McCain-Feingold. Mr. ROCKEFELLER. Mr. President, I When I gave these four statements dur- As I understand it, this bill has ask unanimous consent that the order ing February, I said it was important cleared the Democratic side. Given the for the quorum call be rescinded. for the public and also for Medicare

VerDate Aug 31 2005 00:50 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G17AP6.029 S17APPT1 jcorcoran on PROD1PC62 with SENATE S4566 CONGRESSIONAL RECORD — SENATE April 17, 2007 beneficiaries to understand the pro- and Medicare is forced to pay it. That choice, that you could not use plans be- posed changes, and that it was equally is so wrong that it truly boggles the cause plans would not work. You know important to explore the effects these mind. It seems to me, as I see these ar- what. Those very Members of Congress changes would have. guments, there is no embarrassment on are wrong, because in my State there Those reasons still hold true this the part of the naysayers’ part. are 43 plans. Will there always be 43 very day. They are even more impor- Now, it is correct, of course, that the plans? No, I imagine there are some tant now as the Senate gears up for ac- Secretary of Health and Human Serv- that are small, will weed themselves tion on that ill-advised legislation. I ices himself does not negotiate with out, will be bought. These people are will inform my colleagues on this topic drug companies, but it is absolutely ignoring that the Government is not today, tomorrow, and the rest of the not correct to say there are no negotia- actually very good at figuring out what week, if I need to, because I want to tions. That is complete and utter non- it should pay for drugs. They are ignor- make sure everyone understands the sense. It is embarrassingly wrong. ing the fact to carry on with the polit- consequences of this legislation that is Under the Medicare drug benefit, mul- ical scam that they committed against going to change the Medicare Program tiple drug plans compete against each beneficiaries and against the public. and hurt the Medicare Program, a pro- other for the membership of seniors I have a chart I used a month ago gram that is working; that if it ain’t and disabled people covered by Medi- that I want to show again. On it is a broke, don’t fix it. I am willing to talk care. These plans compete to get the quote from the Washington Post, rec- about this issue until I am blue in the lowest prices from manufacturers, for ognizing as well, when it wrote the fol- face. you as a member, because they want to lowing in an editorial, that this is a po- First, everyone should recognize that keep you as a member. litical scam and that governments political opponents of the drug benefit In fact, these plans want to be the don’t do a very good job of negotiating: that we call Part D of Medicare have best negotiators and to offer bene- Governments are notoriously bad at set- tried for 4 years to tear this benefit ficiaries the best possible drug plan ting prices, and the U.S. Government is notoriously bad at setting prices in the medical apart since day one. Day one dates with low premiums, low cost sharing, realm. back to December 2003, when the Presi- and even with additional benefits. They We knew this because of the Govern- dent signed the bill. These naysayers compete to be the plan that bene- ment’s experience paying for drugs cov- feel Government can always manage ficiaries want to join. ered by Medicare Part B. There are not Now, is this something new? No, it is better. They want a Government-run very many drugs covered by Medicare nothing new. This is the same approach benefit program of drugs in Medicare, Part B, but there have been a few and and they want the Federal Government used for health care benefits for every over a long period of time. What did we dictating drug prices, as if the Federal Member of Congress, and 3 million Fed- learn from that experience of Part B Government can dictate drug prices. eral employees, under what we call the Medicare? These happen to be the Thankfully, the naysayers lost when Federal Employee Health Benefit Pro- drugs that are given during a physi- that legislation was being considered. gram. If beneficiaries do not like the cian’s office visit or other drugs such But that has not stopped them from job their plan is doing, you can fire as oral cancer drugs. Medicare pay- constantly whining and carping about your plan. You can leave it, join an- ments for these drugs were based on the drug benefit that is now law. The other plan. You can choose a better what is called the average wholesale naysayers said there would be no pre- plan. Yet, you see, it is actually very price, AWP. It is similar to a sticker scription drug plans. Then when there simple how this works; very simple. price for a car. No one actually pays were plenty of prescription drug plans Harnessing the power of competition that price on the sticker of a car. The coming into the system, approved by among plans gives the Medicare Pro- joke was that average wholesale price the Secretary of HHS to administer to gram beneficiaries and the taxpayers or AWP actually stood for ‘‘ain’t the seniors of America, they said there access to better negotiation than any- what’s paid.’’ Over the past decade, re- were too many plans. thing the Government could do on its ports issued by the inspector general, The naysayers said it was too con- own. by the Department of Justice, and by fusing, that the seniors would not be In fact, there are five negotiators out the Government Accountability Office able to choose plans, even arguing that there that are negotiating in a bigger found that by relying on average there would be a small number of sen- way than even the Federal Government wholesale price, Medicare was vastly iors signing up. can. Can you imagine that, there are overpaying for these drugs. Rec- But the seniors have enrolled. In five negotiators that are bigger than ommendations were made to change fact, 92 percent of the seniors in Amer- the Federal Government that were ne- payments so they reflected actual mar- ica are covered by a prescription drug gotiating this? Competition, then, is ket cost. The Clinton administration plan. And what about their satisfac- the mainstay of our free market econ- tried to make some of these changes tion? Interviews show a great deal of omy. Businesses compete every day in but after pushback from providers, it satisfaction on the part of seniors with almost every sector of our economy to backed off. the plans. produce the products consumers most Congress took another run at this Then the naysayers suggested plans want at a price that consumers pay, issue in 2003 in the Medicare Mod- could change their prices and the drugs which is probably what consumers can ernization Act and was successful. Con- they cover at the drop of a hat, which afford. gress reformed how Medicare pays has not happened. So the naysayers But the naysayers of the drug benefit these drugs under Part B, not Part D. were wrong again. They did all they somehow do not like that. They are un- Medicare now bases its payment for could to taint beneficiaries’ views of comfortable with the free market. many of these drugs on a market-based the benefits before it even got off the They want the Government to run ev- price, a real price, not the average ground. But the naysayers’ biggest erything. They want the Government wholesale price, not the ‘‘ain’t what’s criticism of the drug benefit is that, itself doing the negotiation. They find paid’’ price because it wasn’t paid. This according to them, the Government it hard to believe anyone could do a change, believe it or not, is saving the does not negotiate with drugmakers for better job negotiating than big Govern- taxpayers and beneficiaries, but it took lower prices. ment. years to get that fixed. In all that Now I will show you how silly that is Of course, along the lines, they are time, Medicare and taxpayers paid too and how wrong that is and, more im- ignoring the simple fact that competi- many dollars for drugs, wasted money, portantly, how misleading that is. I tion is working. They are ignoring that billions and billions of dollars wasted. say according to ‘‘them,’’ meaning ac- competition has led to lower pre- So using the Part B tradition, we don’t cording to the naysayers, because they miums, $22 this year instead of $23 last want to make the same mistake. We have gone to great lengths to make it year, instead of $37 when we wrote the don’t want to repeat that experience sound as though nobody is negotiating legislation. under the new Part D of drugs for with drug companies. If you believe the They are ignoring that competition Medicare. naysayers out there, you would think is bringing choices to beneficiaries, We also knew Medicare overpays for that drug companies name their price those who said we would never have a lot of other services and equipment.

VerDate Aug 31 2005 00:50 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G17AP6.035 S17APPT1 jcorcoran on PROD1PC62 with SENATE April 17, 2007 CONGRESSIONAL RECORD — SENATE S4567 The bookshelves are full of other re- Instead, Congress put competing pri- substitute one supplier’s goods with those of ports from the General Accounting Of- vate plans in charge of negotiating. another. fice, from the inspector general, from These plans and their negotiators have In drug negotiations, that stick is the Medicare Payment Advisory Com- years of experience in this arena. This called a formulary. Plans participating mission, from the Congressional Budg- is what they do for a living. Health and in drug benefits can use that stick. Ex- et Office, and others, about how Medi- Human Services has had very little expert after expert agrees it would be dif- care is paying too much in too many perience and a very dismal track ficult, if not impossible, for the Gov- areas. For example, Medicare overpaid record. ernment, however, to use that stick for durable medical equipment for On this chart, these plans and their under Medicare. In fact, in a November years until the Republican-led Con- negotiators and managers have power- 2 Wall Street Journal opinion piece, gress made changes in the 2005 Deficit ful bargaining clout in the market. Dr. Allen Enthoven, an economist at Reduction Act. In addition, each year They manage the drug coverage for Stanford University, wrote: the Office of Inspector General issues tens of millions of people. There are When the government negotiates, its hands what is called the Red Book, which pre- plans that cover upwards of 50 million are tied because there are few drugs it can sents cost savings recommendations. people—75 million, in one case—far exclude without facing political backlash The books are usually 50 or more pages more than the 41 million Medicare from doctors and the Medicare population, a long, and the recommendations span beneficiaries. Clearly, Medicare bene- very influential group of voters. all aspects of Medicare—hospitals, phy- ficiaries account for a large number of Let’s be honest with each other. sicians, home health care plans, and all prescriptions filled each year, so What do you think would happen in the others. This is more evidence of the some might argue that 41 million bene- Senate if the Center for Medicare Serv- many areas where Medicare doesn’t get ficiaries have more clout than 75 mil- ices, CMS, tried to cut a large drug the best deal. lion nonbeneficiaries, but numbers company headquartered in New Jersey Congress has even created the Medi- alone do not necessarily translate into or North Carolina, for example, com- care Payment Advisory Commission, lower costs. pletely out of Part D because they called MedPAC, to provide advice to As evidence of that, we had all sorts wouldn’t meet the Government’s price Congress on payments for services. of experts come before the Finance demands? Would Senators from those Every year, Congress hears rec- Committee in January on this very States say something such as: Oh, well, ommendations from MedPAC to ad- topic. In response to questions I asked, that is just too bad? Would any of you dress Medicare overpayments, but particularly of Professor Scott Morton say that if it was in your State that a many times it takes years for the Sec- of Yale University, he said it doesn’t manufacturer was being cut out? retary of Health and Human Services matter whether you negotiate on be- Again, let’s be honest with each other. or for the entire Congress to act to half of 1 million or 43 million people; What are we left with then? At the save the taxpayers money. In making what matters is what leverage you January Senate Finance Committee recommendations, MedPAC looks at have and how you use that leverage. hearing, Professor Scott Morton said profit margins, for example. One type I think I ought to emphasize that. It that without a formulary—the ‘‘stick,’’ of provider had been found to have is how you use the leverage. So it is as I refer to it—the Secretary would margins of 17 percent off of Medicare what is done to leverage those num- have about as much negotiating power payments. The Congress has been able bers, then, that leads to lower costs. as you would get by calling a drug to act on many MedPAC recommenda- That leverage comes from the plan maker and saying something such as: I tions, but it can be very hard to accom- being able to say to a drug company would like you to offer a lower price. plish these changes. I remember when I something such as: I can get a better Their answer might be: Why should I? was chairman of the Senate Finance deal on drug A from a different manu- You have to buy my drug, so why Committee over the last 4 years. I re- facturer that has the same clinical ef- would I offer you a lower price? About ceived letters from Members saying fect as your drug B. If you can’t match all you have left after that is: Please, something like: Please don’t cut pay- it or do better, then I am going to won’t you give me a lower price? That ments for this provider group or that leave the table. is not going to get you very far. provider group. Some plans will get a better deal on If my friends on the other side of the In fact, on the Senate floor just be- drug A and put it in their formulary. aisle think this bill is going to achieve fore recess, I fought to prevent this Some plans will get a better deal on real savings for consumers or the Fed- very Senate from freezing a Center for drug B. But many experts agree—and eral Government, they must have some Medicare Services’ rule that would experience suggests—that it would be ideas in mind. I can’t believe my have prevented wasteful spending in difficult for the Government itself, our friends would come to the Senate floor the program we call Medicaid. Is the Government, to walk away from the with a bill that is truly as ‘‘do noth- rule a good thing or a bad thing? We table. There would be enormous pres- ing’’ as CBO describes it. didn’t bother to hold the first hearing sure to cover everything. If it did, the Here is what the Congressional Budg- on the subject. The only thing that negotiating power lies not with the et Office said about S. 3. It would have mattered was that a group of providers Government but with the manufactur- ‘‘a negligible effect on federal spend- complained. Like the Clinton adminis- ers. ing.’’ Another quote: Here is what Professor Scott Morton tration found, letters and complaints Without the authority to establish a for- such as that can make it difficult, in said would happen if someone negoti- mulary, we believe that the Secretary would the very short order, to do anything ating drug prices couldn’t have a for- not be able to encourage the use of par- about a problem, despite the compel- mulary: ticular drugs by Part D beneficiaries, and as ling evidence of overpayments, despite Each manufacturer would know that, fun- a result would lack the leverage to obtain the high profit margins, despite the damentally, Medicare must purchase all significant discounts in his negotiations fact that a proposed change could save products. The Medicare ‘‘negotiator’’ would with drug manufacturers. taxpayers billions of dollars. have no bargaining leverage, and therefore, So let me repeat that other quote: It simply allowing bargaining on its own would Those of us who wrote the Part D not lead to substantially lower prices. would have ‘‘a negligible effect on fed- Medicare drug plan passed 4 years eral spending.’’ At the same hearing, we had another ago—and that was mostly Senator The bill we are considering and vot- witness. That witness was Mr. Edward BAUCUS for the Democrats and me for ing on tomorrow cannot possibly be as Haislmaier, of the Heritage Institute. I the Republicans—were concerned that innocuous or inconsequential as what would like to quote him from his writ- this same kind of dynamic might hap- the Congressional Budget Office said. ten testimony: pen with this Part D program. Political Certainly, there must be creative ideas pressures on Medicare drug benefits [that] volume purchasing encourages man- out there to find savings we have not ufacturer discounting, it is not, in and of would tie the hands of the Secretary of itself, sufficient to extract large discounts. considered. Health and Human Services. If that Manufacturers will only offer substantial Since the Finance Committee’s happens, the programs would be un- discounts if the buyer combines the ‘‘carrot’’ markup of S. 3 the other night, I have manageable and costs would skyrocket. of volume with the ‘‘stick’’ of being able to been considering how a Secretary

VerDate Aug 31 2005 00:50 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G17AP6.037 S17APPT1 jcorcoran on PROD1PC62 with SENATE S4568 CONGRESSIONAL RECORD — SENATE April 17, 2007 might use his imagination to find sav- cent lower than expected. Because of But that is not the position we are in ings. One of the first places we looked the strong competition between plans, today. Why? Because private competi- at was H.R. 4, the bill that passed the the average premiums for beneficiaries tion works. Senate. is expected to be about $22 in 2007, not I hate to sound like a broken record, H.R. 4 struck the language in the the $39 that had been estimated. but I think the naysayers out there statute that prevents the Secretary Why? Private competition works. need a little repetition therapy. Every- from instituting a price structure for The net cost to the Federal Govern- one has heard the old saying that ‘‘if it reimbursement of covered drugs. Did ment is also lower than expected. In ain’t broke, don’t fix it.’’ It certainly the House strike the ban because they January, the official Medicare actuary applies here, and the evidence shows it. want an imaginative Secretary to use announced that the net 10-year cost of I would like to be the first one to say price controls as part of negotiations? Part D has dropped by $189 billion over that the Medicare drug benefit is not Because all we have heard is they do the original budget window used when perfect. There are improvements that not want price controls. the Medicare Modernization Act was can be made. Congress should look at Last Thursday night, we offered an enacted. That is 2004 to 2013. That is a ways to make it easier for low-income amendment to S. 3 to prevent the Sec- 30-percent drop in the actual cost com- beneficiaries to get the additional as- retary from using a preferred drug list, pared to the projection. sistance they need by reexamining the or PDLs as they are called. A preferred Why? Because private competition low-income subsidy asset test. drug list is just a formulary under a works. We need to look at payments to phar- different name. It is essentially a Gov- The savings are unheard of for a Gov- macies and make some reforms in that ernment-controlled list of drugs that ernment program of any kind. Where area. We need to look at ways we can you can or cannot have. else have you ever heard of a cost simplify the enrollment process. And While I do not think there is a dif- underrun in a Federal program? there are other areas where we can ference between formularies and pre- The PRESIDING OFFICER. The Sen- make improvements. ferred drug lists, we have seen the ator’s time has expired. But one area that is working very courts rule that a State can use one in Mr. GRASSLEY. Mr. President, could well is the negotiating power of Medi- Medicaid even though Medicaid bans I please have 4 more minutes? I ask care drug plans. They have shown their the use of formularies. unanimous consent for that additional ability to hold down costs. It is work- So Thursday night, we had an amend- time. ing. ment to prevent the Secretary from The PRESIDING OFFICER. Without The pleas from the naysayers to put using preferred drug lists. After all, we objection, it is so ordered. the Government in charge of negoti- do not want the Secretary coming up Mr. GRASSLEY. I wish to emphasize: ating are about politics, not policy. with a list of drugs you can or cannot We have a cost underrun in a Federal These voices have not given up in their take, do we? program. When have you ever heard of misguided quest to score political To my surprise, the Democrats on that? points with the drug benefit. It saddens the committee rejected my amend- You could not get those lower prices me the Democratically controlled Con- ment. So what is going on? Perhaps and lower costs unless the prescription gress has devoted so much time to this they think that having the Govern- drug plans are being strong negotiators issue rather than looking at some of ment establish a preferred drug list is with the drug makers. States are also the improvements we can make in Part one of the imaginative ideas a Sec- saving money in lower contributions, D that I mentioned. retary will be able to use to save better known as ‘‘clawback’’ payments. Why they have put politics ahead of money. State clawback payments are now pro- constructive changes is beyond me. I think this bill is a Trojan Horse. It jected to be $37 billion less over a 10- In January, I had hoped we could put is dressed up as a do-nothing message year period. That is 27 percent lower. politics aside and focus on some of the bill. But before the week is out, we are Just in 2006, States saved $700 million. real improvements we could be making going to look inside that horse and see Why? Because private competition is with the drug benefit. But, sadly, that all the bad that could be waiting to working. is not the case, and that is why I am hurt beneficiaries. We will see what is The plans are negotiating lower here today. bad in this bill that will hurt access prices for drugs. I have said so many Under the drug benefit today, with and choices beneficiaries currently times, for the top 25 drugs used by sen- the plans negotiating with drug mak- have in this Medicare drug benefit pro- iors, the Medicare prescription drug ers and competing with each other, we gram. plans have been able to negotiate have lower drug prices for bene- Maintaining access and choice—ac- prices that on average are 35 percent ficiaries, lower program costs for the cess and choice—is critical because lower than the average cash price at Government—saving the taxpayers beneficiaries have different drug needs. retail pharmacies—35 percent lower. money—and prescription drug choices The way the benefit is structured now Why? Because private competition is for beneficiaries. is that plans can have different working. Private competition works. formularies. Some might get a good Here are some examples: Lipitor is 15 Mr. President, I urge my colleagues price on one drug; another might get a percent lower, Atenolol is 63 percent to oppose S. 3. It is a big government better price on another drug. They can lower, while Fosamax is 30 percent takeover of the private market that is have different formularies, and bene- lower. I could go on down the list. working for the Medicare benefit. ficiaries can have choices that meet Now, when the drug benefit was I yield the floor. their needs. signed into law, we believed it would The PRESIDING OFFICER. The Sen- When Congress finished work on the work and hold down costs. That is cer- ator from Massachusetts is recognized. new drug benefit in 2003, we knew it tainly happening today even more than Mr. KERRY. Mr. President, I ask was an experiment. Nothing like this we expected because private competi- unanimous consent I be permitted to had ever been tried. Here is what we tion works. proceed as in morning business for such learned: Private competition works. It We also said that if it did not work— time as I may consume. has been successful at keeping costs if the negotiating model used for the The PRESIDING OFFICER. Without down. The 25 most used drugs by sen- drug benefit did not hold down costs— objection, it is so ordered. iors cost 35 percent less. Plan bids have then Congress would need to reexamine Mr. KERRY. I thank the Chair. come in lower than expected. This things. If costs grew too fast, then the Mr. President, let me just comment. year, they were down 10 percent from whole idea would have to be revisited. I did not come to the floor to speak last year’s bids. Maybe we would have to restrict ac- about the bill specifically. I wish to Premiums are lower than they were cess to drugs. Maybe we would have to speak about the alternative minimum estimated to be. Before 2006, Medicare’s rely more on mail order pharmacies in- tax in a moment. But I cannot help, chief actuary estimated the average stead of liberal access to local retail since I am a member of the com- monthly premium would be $37, but it pharmacies. Maybe more drastic cost- mittee—listening to the ranking mem- was actually $23 in 2006. That is 38 per- cutting measures would be needed. ber talk about Medicare and what the

VerDate Aug 31 2005 00:50 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G17AP6.039 S17APPT1 jcorcoran on PROD1PC62 with SENATE April 17, 2007 CONGRESSIONAL RECORD — SENATE S4569 impact of allowing Medicare the possi- current system. The reason is very first put in place when Treasury Sec- bility of being able to negotiate might simple: because it is a lot of money out retary Joseph Barr, during his 1 month or might not be—but speak to that for of the pockets of taxpayers into the as the shortest tenured Treasury Sec- a moment, if I can. pockets of the big companies. That is retary in history, told Congress about I think most Americans understand, it, and they are here protecting that. 155 wealthy Americans who had paid no as a matter of common sense, that This is a question of whether we are income tax in 1966. Congress was over- when an entity that represents their simply going to lift the prohibition, let whelmed with mail expressing outrage tax dollars has the ability to go out the Secretary make the judgment. Can that these 155 rich Americans weren’t into the marketplace and negotiate for you go out into the market? Can you pulling their weight. In response, Con- a price, the probability they are going do this without hurting veterans? Can gress passed the first version of the to have saved tax dollars is pretty real, you do it without upsetting the mar- AMT. So the AMT was put in place to if there is a good and decent negotia- ketplace? Can you do it and still have address Americans’ concerns with 155 tion. the kind of resources you want put into of the richest Americans at a time The resistance of the Senator from the research of new drugs and other when 155 represented a large block of Iowa and others is interesting because things? I am confident a Secretary is those who were among the wealthiest it is a resistance that represents the going to make a smart decision. Americans. Urging tax reform, Sec- power of big companies in the coun- It is interesting to see the people who retary Barr coined the phrase ‘‘tax- try—the drug companies—to sort of usually spend the most time arguing in payers’ revolt’’ and that is exactly say: Hey, we kind of like the system this country ‘‘don’t let the government what we are likely to see unless we get the way it is—which we understand be- interfere’’ are the ones who are stand- this right now. cause the profits are enormous. But ing up to let the Government—excuse In 1970, 20,000 taxpayers were affected our job is to represent the taxpayers’ me, not let the Government, force the by the alternative minimum tax. This dollars. Our job is also to use the mar- Government, in effect, to interfere year, about 4 million Americans will ketplace thoughtfully. with the marketplace. Actually, what pay it, and next year that number I do not know what it is that sug- they really are doing is putting in could rise to 23 million Americans. gests, on the one hand, it is legitimate place a prohibition against the Sec- What was originally a small fix at the for the Veterans’ Administration to go retary actually letting the market- edge of our Tax Code has now ballooned out as a Government entity and nego- place work or testing whether the mar- into a massive inconvenience and un- tiate a lower price for the drugs it pur- ketplace could work more effectively. fairness at the center of our Tax Code. chases to distribute to veterans—which In effect, we leave it in a state where Instead of serving its original purpose, we do—but it is not OK for Medicare— the companies are dictating effectively the tax cuts we saw passed into law a which is another Government program what the price is going to be and the few years ago, illogical and deceptive that costs the taxpayers a lot of citizen, as a result, winds up paying an as they were, are winding up targeting money—to be able to go out and nego- unfair burden. the very people we are supposed to be tiate a lower price for seniors. It is il- We are not doing the best job possible helping. The very people we hear most logical. as Government trustees of taxpayer of the rhetoric about—those who need What they do is come in and try to money in taking care of that money help in America and the middle class scare people and say: Well, we have and in representing the interests of our being unfairly taxed—are the very peo- given this special privilege to the Vet- taxpayers. That is what is at stake ple who are being unfairly taxed by erans’ Administration, but if all of a here. Are you prepared to trust the dis- this hidden tax people don’t want to sudden we allow somebody else to ne- cretion of the Secretary to analyze talk about. The fact is the middle class gotiate it, then the veterans are not this, to look at what is best for the has seen an enormous shift in the bur- going to get as good a deal. country, best for the delivery system, den away from the wealthiest Ameri- Well, nobody knows that until you go and make that judgment? All we are cans onto the middle class, the very out into the marketplace. The Vet- doing is lifting an unfair special inter- people the AMT was designed to pro- erans’ Administration and Medicare to- est prohibition to allow a full analysis tect. gether still do not represent the entire of what the better alternative might The AMT is now poised to make a market. You are going to have an in- be. dramatic shift from the wealthy to the credible number of private citizens still ALTERNATIVE MINIMUM TAX middle class. In 2006, taxpayers earning purchasing through private health care Mr. President, as Americans prepared more than half a million dollars will plans or their HMOs or other plans— their taxes this year, millions of fami- pay 47 percent of the tax. By 2010, that private as they are—also. lies in Massachusetts and across the number will drop to 16 percent. We are The marketplace is still going to country found a very unpleasant sur- going to go from 47 percent of the peo- have its capacity to work. This is not prise. Beyond their regular income ple who earn more than half a million such a large block that it represents a taxes, families found another hidden dollars who are supposed to be the tar- complete and total eradication of a income tax, which is the alternative gets of the alternative minimum tax— marketplace, No. 1. No. 2, there are minimum tax. It costs those families that will drop to 16 percent—and the other countries where you have this many thousands of dollars. Most tax- people who are going to pick up the dif- kind of negotiated fee for the service payers are accustomed to computing ference are going to be Americans in being provided which has worked very their income tax liability in the usual the middle class who are struggling effectively. way: adding up their income, making with increasing tuition costs, increas- I think the bottom line is that people whatever deductions they are entitled ing energy costs, increasing health have to remember that this legislation to, subtracting exemptions for their de- care costs, and wages that are either we are talking about does not order the pendents, and then checking their tax frozen or going down. Meanwhile, in- Secretary to do this. It is pretty obvi- bracket to find out how much they vestment income will not be impacted ous under this administration it is not owe. But this year, many of those same by the alternative minimum tax, and going to happen because they do not taxpayers discovered another tax that the top alternative minimum tax rate believe in it. All we are doing is lifting ate up any exemptions and deductions is lower than the top marginal tax the prohibition against the Secretary they might have claimed. It is a hidden rate, which is what people pay on their doing it. So if all the negative things income tax, and it affects the wrong income. the Senator talks about are true, a people. It affects people we never in- So a tax designed to cover or apply to smart Secretary is not going to do tended to affect, and each year that we the wealthiest Americans has become a them because they are negative. don’t address it, it grows worse. solidly middle-class tax. But why would you put in place a This alternative minimum tax is a This tax also punishes certain States prohibition? Why do you specifically tax that made sense once upon a time. in our country more than other States, say: No, the Secretary can’t go out and When it was first enacted in 1969, it had and particularly a State such as mine— negotiate the price. You are stuck with a rationale, but since then, it has be- Massachusetts—but other States in the the status quo. You are stuck with the come bloated and illogical. The tax was Northeast and large industrial States.

VerDate Aug 31 2005 00:50 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G17AP6.041 S17APPT1 jcorcoran on PROD1PC62 with SENATE S4570 CONGRESSIONAL RECORD — SENATE April 17, 2007 In 2007, 24 percent of Massachusetts an awful lot farther in 1970. The movies families—and we simply can’t afford taxpayers, up from about 5 percent last back then cost $1.65. The fact is we not to reform it—we are going to pay year, will be hit by the alternative haven’t adjusted the tax brackets to one way or the other, with the debt minimum tax, so that Massachusetts rise with inflation. that is passed on to our children or will be No. 4 in the rankings of all the Another major problem has been the with taxes passed on from the wealthi- States in the country. I don’t think we alternative minimum tax interaction est to an ever-growing part of the mid- ought to be putting an undue burden on with the Bush tax cuts. This adminis- dle class. We need a bipartisan, fiscally the middle class, and we certainly tration and the Republican Congress responsible, permanent approach, not shouldn’t be putting one unfairly on purposefully allowed the tax system to one that masks the costs of irrespon- certain States while other States are become unbalanced. This was done in sible cuts or becomes a burden for the exempt. order to hide the true cost of the tax middle class, and not one that gives Worse still, the tax penalizes families cuts. Normally, sound tax policy in- more and more families an unpleasant with children because it eliminates any volves changing the alternative min- surprise on tax day. dependent exemptions. So here we are imum tax to reflect changes in regular Mr. President, I yield the floor. talking about family values, but the tax cuts. For example, in 1993, we The PRESIDING OFFICER (Mr. family values are stripped away for raised rates for both taxes simulta- WHITEHOUSE). The distinguished Sen- those middle-class families because neously. But under this President, in ator from West Virginia is recognized. they lose their exemptions for their de- 2001 and in 2003 and in 2004, we cut the Mr. BYRD. Mr. President, I wish to pendents. regular income tax rate without mak- propound a parliamentary inquiry. In 2007, the alternative minimum tax ing corresponding significant changes The PRESIDING OFFICER. The Sen- will impact a family with four children in the AMT. Instead of paying upfront ator will inquire. and an income of $57,000. Married cou- through the regular income tax, this Mr. BYRD. Mr. President, what is the ples will be more than 12 times as like- administration used the AMT to fi- parliamentary situation? ly as singles to face the alternative nance tax cuts for the very people the The PRESIDING OFFICER. The Sen- minimum tax in 2010. So those of us AMT was designed to tax. The AMT ate is considering S. 372. who argued strongly about the mar- quietly takes back a portion of the Mr. BYRD. Mr. President, I have a riage penalty need to note that the Bush tax cuts by 2010, about 29 percent, parliamentary inquiry further. marriage penalty is, in fact, growing transferring the tax burden from the The PRESIDING OFFICER. The Sen- larger as a consequence of the alter- top tax brackets to largely middle- ator will state it. native minimum tax. We wrote the ex- class tax families. Mr. BYRD. Mr. President, what is the emptions that we had specifically to If we had a vote on the floor of the parliamentary situation—I may not help families to get away from that Senate which specifically said: Are you have the floor. May I ask the Chair, problem, and my question is, do we going to tax middle-class families in please tell me what the parliamentary now want to burden them with this ad- order to pay for a wealthy tax cut and situation is. ditional tax. shift the burden by about 29 percent, The PRESIDING OFFICER. The Sen- President Bush has acknowledged, at almost everybody here would vote no. ator from West Virginia has been rec- least rhetorically, this is a failed pol- So it is the hidden tax cut that has the ognized by the Chair and now has the icy. There is room for bipartisanship impact. Before the Bush tax cuts, 17 floor. here. Congress and the President need million taxpayers would have been af- Mr. BYRD. Mr. President, if that to work together to address what has fected by the alternative minimum tax were not the case, what would be the become a major structural problem in in 2010, but with the Bush tax cuts, case? our Tax Code. I commend my colleague that number almost doubles to 31 mil- The PRESIDING OFFICER. There is from Massachusetts, Congressman lion. If we let the Bush tax cuts expire no current time agreement. The Senate NEAL, who is working in the House on in 2011, at least the number of AMT is considering S. 372 under no time this issue and showing important lead- taxpayers would drop dramatically. I agreement. ership in order to try to address it, and am confident that will be an important Mr. BYRD. Very well. Mr. President, I look forward to seeing his proposal. debate down the road here. In 2007, a I am not going to speak just now. I In fixing this tax, there are two family with 2 children and an income want to respect the wishes of another major pitfalls we have to avoid. The of $80,000 will see 59 percent of their tax Senator who is on the floor at the mo- first is: Don’t simply repeal the tax cut taken back by the alternative min- ment. In a few minutes, I will want to without paying for it. We can’t afford imum tax. Tom Waits, the 1970s singer speak a bit. As of now, I am going to to do that, and it is clearly not fiscally and songwriter, once said the large take my seat. I will ask the Senator, responsible. Finally, it doesn’t solve print giveth and the small print taketh does he wish to speak at this time? the problem. Second, we need to find a away. Well, the small print, my Mr. WYDEN. Mr. President, I thank permanent solution. The alternative friends, is the alternative minimum the distinguished Senator from West minimum tax itself was originally a tax, and it is taking away America’s Virginia for his courtesy. If it would small fix for a different tax issue. It is families’ tax savings. not be too great an imposition, I will the accumulation over time of stopgap We need to be honest about the cost speak for a few minutes on the Intel- measures that has brought us to the of our tax cuts. Back in 2001, I tried to ligence bill. That would be very much current problem. So I don’t believe it offer an amendment that exempted all appreciated. serves us well at all to push this issue taxpayers with incomes under $100,000 Mr. BYRD. Mr. President, I thank down the road, as has been the practice from the AMT. At that time I warned the distinguished Senator. I am going of the Congress in these last years. that the AMT is encroaching on mid- to sit down and listen. May I ask the We also need to make the tax policy dle-class taxpayers and that the tax Senator this question: How long will he of our country simpler and more cuts would only make things worse. likely speak? straightforward and fill it with a little The fix for the AMT problem at that Mr. WYDEN. Again, I thank the Sen- more common sense and a little less time was estimated to cost $110 billion ator from West Virginia for his cour- special interests. Our tax problem as a over 10 years, money that instead is tesy. I will speak less than 10 minutes. nation was, in fact, made significantly now being paid by middle-class fami- I so appreciate the thoughtfulness of worse by the Bush tax cuts, and the allies. The amendment at that time was the Senator from West Virginia. ternative minimum tax has been used revenue neutral. It offset the cost by Mr. BYRD. Mr. President, I thank quietly, more and more, to ask middle- delaying some of the Bush tax cuts. It the distinguished Senator. After he class families to pay the burden of the cut the 39.6 rate down to 37 percent, in- yields the floor, I will seek recognition. wealthiest Americans’ tax cut. stead of 35, but unfortunately, the I understand the rules of the Senate. I We can all agree the main reason this amendment failed. am just stating at this point what I in- tax has grown out of proportion is that I don’t believe we can continue to put tend to do. it wasn’t indexed to inflation. The this problem off. Unless we reform our The PRESIDING OFFICER. The Sen- same money we talk about today went tax system for the sake of middle-class ator from Oregon is recognized.

VerDate Aug 31 2005 00:50 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G17AP6.042 S17APPT1 jcorcoran on PROD1PC62 with SENATE April 17, 2007 CONGRESSIONAL RECORD — SENATE S4571 Mr. WYDEN. Before he leaves, Sen- But there are people who will gain an we were Senators and that there were ator BYRD has always been so kind to advantage; that is, the American peo- three branches of Government, and we this Senator. I appreciate it. ple. Making the total size of our intel- know and knew then that this is the I wish to take a few moments to talk ligence public is going to increase pub- legislative branch—the first branch of about the critically important Intel- lic accountability and will allow for a Government that is mentioned under ligence authorization bill that is before more informed debate about national the Constitution, and it is sometimes the Senate now. I am disappointed that security. If the national intelligence called ‘‘the people’s branch.’’ That is this legislation has not yet passed be- budget’s overall number is made pub- for good reason. cause it seems to me that Chairman lic, there will be a more informed dis- Now, what is the floor situation? ROCKEFELLER and Vice Chairman BOND cussion about whether money should The PRESIDING OFFICER. S. 372 is have done an awful lot of very good be spent on aircraft carriers or sub- the pending question, and the Senator work in terms of negotiating on this marines or on intelligence gathering. from West Virginia has the floor with legislation and doing it in a bipartisan This debate will only ensure that tax- no present time restriction. fashion. A number of us have felt that payer dollars are used more wisely and Mr. BYRD. Further parliamentary it was critically important that intel- that America will be safer. question: Is time controlled at this mo- ligence, in the days ahead, at a time of Senator BYRD has been very gracious ment? great threat to our country, be an area to give me this time this afternoon. The PRESIDING OFFICER. It is not. Mr. BYRD. I thank the Chair. Mr. that is pursued in a bipartisan way. My There are other provisions that I feel President, I ask unanimous consent view is that Chairman ROCKEFELLER strongly about in this legislation. The that I may speak as in morning busi- and Vice Chairman BOND have really increased penalties, for example, for kept that kind of bipartisan lodestar in ness—in other words, out of order—for outing a covert agent is something I mind as we have conducted our work not to exceed 20 minutes. I don’t expect feel strongly about. After the Dubai throughout this session. That is one of to take that much time. Ports debate, it is clear that there the reasons I have so wanted this legis- The PRESIDING OFFICER. Without should be additional resources devoted lation to move forward. objection, it is so ordered. I wish to take a minute to highlight to looking at the intelligence ramifica- Mr. BYRD. I thank the Chair. just one of the provisions that seems to tions of those particular issues. VETO THREATS But my bottom line is, at a time be objectionable to the executive Mr. President, the 110th Congress branch and try to show how, in my when Americans are questioning our will consider legislation this session view, that should not be the case and intelligence agencies’ ability to keep that raises passions and excites par- how the Senate ought to come together them safe, the Congress has a responsi- tisan fervor. It is likely that much of around it and move forward on this bi- bility to provide support. At a time what the Congress considers this year partisan piece of legislation. when the intelligence community is and next will be subject to Presidential There is a provision in the bill the undergoing major reorganization, the veto threats because the President’s Senate is now considering—a provision Congress has a responsibility to pro- political party no longer controls the that I offered—which would make pub- vide guidance. At a time when our al- Congress. lic the total size of our national intel- lies and our citizens are raising serious I was quite surprised recently to hear ligence budget. This provision would questions about detention issues, Con- some Senators take the position that not make public how much the country gress has a responsibility to conduct this body is wasting its time in draft- spends on any particular collection oversight. At a time when Americans ing and passing legislation which the method; it would simply state the U.S. continue to open their morning papers President threatens to veto. Government spends X amount of and read about aggressive new forms of Let me respectfully remind all who money on national intelligence pro- Government surveillance and, in par- listen that the Congress legislates for grams. ticular, the now-disclosed abuse of the the people and has a constitutional ob- This has long received bipartisan national security letters, Congress has ligation—in other words, duty—to act support. The bipartisan 9/11 Commis- a responsibility to demand account- independently from—I say this again, I sion was for it. The former Director of ability. say it respectfully—from the White the CIA, Stansfield Turner, is for it. I Chairman ROCKEFELLER and Vice House. There are three branches, as ev- would like to note that our current Chairman BOND have done a lot of good erybody knows, of Government. This is Secretary of Defense, Secretary Gates, work on this legislation. The distin- a separate but equal branch. I want when he was before the U.S. Senate In- guished occupant of the chair has been Senators to listen. This is a separate telligence Committee—and I will quote involved in those debates, and we are branch, but it is equal. here—said: pleased that he is part of the com- I will repeat myself. As Senators al- From my personal perspective, I don’t have mittee. I hope the Senate will move ex- ready know, there are three separate any problem with releasing the top line of peditiously to move forward on this but equal branches of Government. The the intelligence community budget. legislation. It is an important bill, at a Constitution’s Framers never consid- I am of the view that Secretary critical time for the security of the ered a President to be the final arbiter Gates was right when he said that a American people. of the public good. Whether the ques- number of years ago, and he is right at Again, I express my appreciation to tion relates to military, foreign, or do- this time as well. In my view, to sug- the distinguished Senator from West mestic affairs, a Presidential veto gest that disclosing the total size of Virginia for giving me the opportunity threat is not the last word in what our national intelligence budget would to speak this afternoon. should become the law of our land. cause any harm whatsoever to national I yield the floor. Those decisions are left to the rep- security is ridiculous. It is absolutely The PRESIDING OFFICER. The Sen- resentatives of the people, along with absurd to think that Osama bin Laden ator from West Virginia is recognized. the power over the purse—along with is off in a cave somewhere contem- Mr. BYRD. Mr. President, I wish to the power over the purse—and other plating what the overall national intel- thank the distinguished Senator from constitutionally enumerated congres- ligence budget is. It is absurd to sug- Oregon, Mr. WYDEN, for his courtesy, sional powers. gest that Kim Jong Il is somehow sit- and I also want to say that he is one of We hear almost daily a Presidential ting in his office wondering and wor- the immortal 23 Senators who said, in scolding of the Congress concerning the rying, for example, whether the Wyden kind words and respectful words and in supplemental appropriations bill, amendment to the intelligence author- senatorial terms, we won’t go—mean- which is shortly headed for a House- ization is going to pass. It is absurd to ing, we were going to be Senators. We Senate conference. Continued Presi- believe that any terrorist or dictator know what the Constitution says about dential veto threats on the funding for or any other enemy of the United Members of the Senate and the House, the Iraq war represent a stubborn un- States will gain any sort of advantage we were going to be Senators, we were willingness to concede that the Amer- whatever from the public disclosure of going to be respectful, but we were ican people have over time and with the top line of the national intelligence going to vote our way. We were re- considerable debate come to see that budget. spectful of the President, but we knew the Iraq war was a mistake.

VerDate Aug 31 2005 00:50 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G17AP6.048 S17APPT1 jcorcoran on PROD1PC62 with SENATE S4572 CONGRESSIONAL RECORD — SENATE April 17, 2007 In the case of Iraq, it is likely that idential vetoes, if the Congress wishes Hearing no objection, it is so ordered. the people of the United States would to do so. Mr. BYRD. President Bush has said have come to these opinions much ear- The veto on the override is a healthy the bill does not fund the troops, which lier had they not had information with- public opportunity for Members of Con- is false. The Senate bill provides $2 bil- held from them or, in some instances, gress—both Houses—to consider the lion more than the President requested presented to them falsely. Of course, I reasons offered by the President for his for the troops and provides $1.8 billion knew this. veto. Just as the President is held ac- more for veterans health care. I regret Of course, also, it remains the con- countable for his veto, we Senators are this continual barrage of misinforma- stitutional prerogative of the President held accountable for our votes on bills tion coming from the White House just to exercise the veto. I respect that. But that are sent to the President and, if as I regret the intransigence—the in- it also remains the prerogative of the applicable, a subsequent veto override transigence—of a President who will Congress—the other body across the vote. not cool off—and I say this respect- way and this body—it also remains the Members of the Senate and the peo- fully—of a President who will not cool prerogative of the Congress to chal- ple understand that when the President off and stop fearmongering long enough lenge that veto and to assert and de- submits a bill to Congress and then to negotiate a resolution to the dif- fend the will of the people. asks that it be passed without any ferences in the bill’s language. He—the A President’s power to veto is not amendments or conditions—the Presi- President—has been invited to do so in and should not be absolute. Let me re- dent has a right to do that, but we all good faith and yet still the almost peat that. A President’s power to veto know that the President is treating the daily castigation from the White House is not and should not be absolute. If Congress like a subordinate branch ca- continues. the President vetoes a measure under pable of only saying yes or no and I wonder about the effect on the mo- our Constitution, the Congress can never expected to alter a Presidential rale of our brave fighting men and override that veto with a two-thirds proposal in any way. women when the President—any Presi- dent—repeats inaccuracies like the vote of both Houses. All Senators know The President knows what the Con- Congress has failed to fully fund the that. I am not telling Senators any- stitution says, and he knows that the troops. It seems to me that it is not a thing they don’t know. Congress has a right to listen, to study, A Presidential veto does not nec- and then to act as it seeks to act. So prudent thing to say. Congress and the essarily end the legislative process. this is an argument that contradicts American people support our troops, When the President vetoes legislation the most basic constitutional prin- and the supplemental bill that we shall shortly take to conference robustly under article I, section 7 of the Con- ciples on which our Republic is found- funds their needs in the field and cares stitution, the President’s objections ed. The Congress was envisioned as a for their needs after they return home. are submitted to the House of Con- check on an overzealous or unwise For the President to assert otherwise gress—Congress being of two bodies— President, and that is no reflection on is a disservice—and I say this with the submitted to the House of Congress in either party—that the President can be utmost respect. I will say it again. For which the measure originated so that a Democrat, a Republican, or other- the President to assert otherwise is a the measure and the President’s objec- wise—and we do our duty to the Con- disservice. Honorable men and women tions can be reconsidered. All Senators stitution when we vigorously utilize may disagree, but Members of Congress know that. Any schoolboy who has our enumerated powers. and officials of the executive branch studied the Constitution knows that. So let us hear no more about meas- have a duty to try to find common But I am stating for the record, again, ures that the President has threatened ground, especially when the issue is a for all who run to read. to veto being not worthy of the Sen- violent and controversial war, with our A new vote can be scheduled on the ate’s consideration. Let the President troops in harm’s way every day. I shall same piece of legislation and a veto issue his veto threats as he wishes, but hope for a more reasonable and more can be overturned if the people’s rep- also let the Congress dutifully rep- realistic tone from our President—and resentatives—if the people’s elected resent the will of the people. I say it with the utmost respect, but representatives—in Congress demand On the matter of Iraq—and I say this this is an equal branch with the execu- it. most respectfully—I have been cha- tive branch and the judicial branch—in There is nothing earthshaking about grined of late to hear the falsehoods the coming days. May I say further overturning a Presidential veto. Since and scare tactics emanating from the that more light and less heat on this 1969, the Congress has overridden al- Oval Office. President Bush has repeat- matter would truly be in the best in- most 20 percent of the Presidential ve- edly intimated that there is a connec- terests of our troops and of our sorely toes. President Franklin Roosevelt had tion between the attacks of 9/11 and the divided country. nine vetoes overridden by Democratic Iraq war when no such link exists. Now, Mr. President, I have been here Congresses. I repeat: President Frank- President Bush has suggested—he is a long time. I know how to speak, when lin Roosevelt had nine vetoes over- my President and yours, Senators— to speak, and when not to speak, but I ridden by Democratic Congresses. that the supplemental appropriations am a U.S. Senator, and I am asserting President Ronald Reagan had six ve- bill as now written would cause death this Senate’s constitutional duty. My toes overridden by a Democratic House and destruction in America, which is Republican friends and my Democratic and a Republican Senate. patently false. I speak now as the friends know this, and I know they The veto override provision in the chairman—of course, everybody knows have a right to do the same, but that is Constitution is a protection for the it—I speak as the chairman of the Ap- my speech for today, God willing. people whom the Congress represents. propriations Committee. Mr. President, I thank the Chair, I Members of Congress are elected by the Mr. President, I make a parliamen- thank all Senators, and I yield the people to make laws based on sound tary inquiry: Are we under limited floor. public policy, not to capitulate or sur- time, I ask the Chair? Ms. STABENOW. Mr. President, first, render to any—Republican or Demo- The PRESIDING OFFICER. The Sen- I thank my distinguished colleague crat—to any Presidential threats. The ator has 1 minute 30 seconds remaining from West Virginia for his insight, as Senate must never—hear me now, the of the 20 minutes he requested. always, and wisdom on so many issues. Senate must never—become a Mr. BYRD. Mr. President, I am not He epitomizes what it means to be a rubberstamp for any President, Repub- going to belabor Senators. I have seven Senator, and we are honored and appre- lican or Democrat or Independent or more pages to read. I know what is in ciative of his leadership. otherwise. here, and so I ask unanimous consent PRESCRIPTION DRUGS Certainly, the Congress should care- that I may use whatever time I con- Mr. President, I do want to speak fully consider the announced reasons sume, and I assure Senators I will not today as it relates to prescription for a Presidential veto, but the Con- consume more than 10 minutes, if that drugs and the very important vote we gress has a duty, if the President’s rea- much. will be having tomorrow, but I also sons are not credible or do not reflect The PRESIDING OFFICER. Is there first want to speak to what is hap- the will of the people, to overturn Pres- objection? pening as it relates to Blacksburg, VA,

VerDate Aug 31 2005 00:50 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G17AP6.050 S17APPT1 jcorcoran on PROD1PC62 with SENATE April 17, 2007 CONGRESSIONAL RECORD — SENATE S4573 and Virginia Tech University, just to bill. I did not, in part because of the lights on, buying food, and getting indicate that we know there was a me- prohibition that was put into place. their medicine. Our top goal should be, morial service today; that all of us, That bill was written and designed as a Medicare Program, to make sure even as we carry on the normal busi- with a huge gap in coverage—it has people can get the medicine they need ness of the Senate, are very mindful often been called the doughnut hole— at the very best price. This bill moves and aware of what has occurred in the that, frankly, wouldn’t be there if we us in that direction. massacre at Virginia Tech University. were able to get the very best pricing Let’s be clear also about what we are My thoughts and prayers go out to ev- and stretch those Medicare dollars as not doing. This legislation does not eryone who has been affected through- far as they should go. create a national drug formulary, nor out the university, most particularly In fact, I joined a group of Senators does it establish price controls. Seniors the families. to introduce legislation on December will have access to all of the drugs they Certainly, I think I can speak for the 12, 2003, to repeal the prohibition on ne- do today, and possibly more. The pre- people of my great State of Michigan gotiation, which is what we are talking scription drug industry will continue when I say that we are deeply, deeply about now, because we knew then what to thrive, and R&D will not be affected. sorrowful, and our prayers go out to we know today. If the Secretary of The change we will see is a change we each and every one of the people who Health and Human Services negotiates have been asking for for the last 3 have been affected. Medicare prescription drug prices, sen- years, that seniors and families have Mr. President, we have a very impor- iors will pay the lowest possible price. been asking for for the last 3 years. tant vote tomorrow, which is whether That should be what we are all focused It is also important to note because to proceed to legislation that would on as it relates to Medicare prescrip- we will hear from our friends on the begin the process of allowing the Sec- tion drugs. More than 3 years later, we other side of the aisle that somehow, if retary of Health and Human Services are taking the first step toward getting Medicare is going to have the oppor- to be able to negotiate the very best this done. It is about time. I think that tunity to negotiate or if the Secretary price for our seniors under Medicare. I is what the American people are saying can negotiate at appropriate times for want to take this opportunity to com- to us. lower prices, we are going to see the mend our majority leader for getting The best way to get the lowest pos- prices of the VA go up. Well, I asked us to this point, Senator REID, and the sible prices on prescription drugs is to the Congressional Budget Office to sub- Finance Committee for getting us to use the negotiating clout of 43 million mit to me in writing if that were, in this point, for bringing the issue of seniors and people with disability who fact, true under this bill. They, in fact, Medicare drug pricing to the Senate are under Medicare. That negotiating said: No, under this bill, that is not the floor. I hope tomorrow we are going to clout needs to be used. We are consid- case. We are not going to see veterans see a strong bipartisan vote to proceed ering this bill right now because the or any other group see their prescrip- with the bill. American people want it. According to tion drug prices go up under this legis- Frankly, it is very unfortunate we a poll conducted by the AARP, 87 per- lation. So that is one good thing we are having to vote on whether to pro- cent of all Americans said they want need to make clear and debunk as we ceed to this bill, but since that vote is Medicare to negotiate prescription begin this debate. occurring, I hope we will have a re- drug prices—87 percent. That is a pret- Now, what we do know is we have a sounding yes tomorrow for something ty big number. Eighty-seven percent of very interesting thing going on. We that is so clear to the American people. the seniors, according to AARP, when have two kinds of debate going on right The direction we will hopefully take asked, have said: Yes, of course, we now in opposition from those who are tomorrow is the direction that the vot- want the Federal Government to nego- major beneficiaries of the current sys- ers asked us to take. Their message tiate to get the very best price. tem, the special interest groups that last November was crystal clear: that Why do consumers want Medicare to have the benefit right now of seeing they want to make sure we are making negotiate for lower drug prices? Be- huge profit increases as a result of this health care decisions in the best inter- cause they know what everybody prescription drug bill. On the one hand, ests of people—the best interests of knows: large purchasers are getting we are seeing ads that say: This legis- seniors, of children, of families—and deep discounts for prescription drugs, lation will do nothing. Do not pass it; not the special interests that make and they want the same from Medicare. it will not do anything. Then, on the money off the system. Tomorrow is This bill does not do the same thing other hand, the very same people are going to be a vote on that. as the VA, but the VA is a good exam- saying: But it will cause seniors to not Tomorrow will be the first step in the ple of what can be done when there is be able to get the choice of medicines process. We are removing the provision negotiation, when the Federal Govern- they want, it will cause veterans to see that prohibits Medicare from using its ment brings its clout as it does for our their medicine costs go up, it will cost negotiating clout. What we are going veterans. It gives us some idea of the R&D and we won’t be able to do re- to be voting on tomorrow is whether kinds of discounts that can be search and development into new pre- we will proceed. And why are we doing achieved. scription drugs anymore. I find it so in- that? Well, first of all, this Medicare For example, we know that on aver- teresting that the same people are ar- bill that was put in place a few years age, the VA health system gets pre- guing both sides: It will not do any- ago actually prohibited the Secretary scription drugs for approximately 58 thing, and it will have all of these dev- from negotiating to get the best price percent less than their retail prices—58 astating effects. for seniors, amazingly. People to this percent—and on some medicines, it is At the same time, we are seeing huge day ask: How in the world did that hap- up to a 1,000-percent difference. Now, I amounts of money, millions and mil- pen? Well, it happened because, unfor- would say, if the VA can do this and lions of dollars—for months, I have tunately, there were too many provi- get 58 percent, we can get a better deal seen ads on TV and radio, newspaper sions in that bill that were put in on if we negotiate, knowing again that ads telling us these people do not want behalf of the special interests rather this bill does not reflect what the VA negotiation or that it will not do any- than our seniors. does, but it gives you a sense of what thing, all paid for by the same people The step we take tomorrow is good can be done when we have that kind of who benefit by the current system. I for our seniors, it is good for families, clout. might just say that just today, a full- and it is good for taxpayers. It is good Let’s be clear about what we are page, single-color ad running in the for taxpayers to get the best deal so doing right now with this bill. We are Washington Post on page A5 today, that our dollars can go as far as pos- opening the door to lower drug prices costs about $135,000—this is today, this sible under Medicare. So tomorrow is so Medicare beneficiaries can afford is yesterday. We have ad after ad after an important day. the medicines they need and we can ad being run and paid for by people who I have been fighting for this provi- save taxpayers money. We all know tell us this bill will not do anything. It sion ever since the Medicare prescrip- how many times we have heard the sto- will not do anything, but yet they have tion drug program was passed in late ries—I hear them all the time—of folks spent millions of dollars on TV, mil- 2003. I wish I could have supported that trying to juggle between keeping the lions of dollars on the radio, in ads we

VerDate Aug 31 2005 00:50 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G17AP6.051 S17APPT1 jcorcoran on PROD1PC62 with SENATE S4574 CONGRESSIONAL RECORD — SENATE April 17, 2007 have seen, ads for our benefit, ads tell- been extended because of when it fell. currently go through to determine ing us people do not want negotiation. Today is the day everybody in America their taxable income. S. 1040 simply de- I might add that in this ad which is knows that the Federal Government fines income as the positive difference running right now, where they say peo- income taxes are due. If you are like between revenue and expenses. As the ple really do not want Medicare to ne- me, you spent way too much time com- legislation is implemented, the rate of gotiate, what they say in the fine print pleting your taxes this year. taxation would be 19 percent in the is that, in fact, 89 percent oppose Gov- Our Tax Code and its accompanying first 2 years and then lowered to the ernment negotiation if it could limit regulations total tens of thousands of desired rate of 17 percent in the third access to new prescription medicine—if pages which are complicated, con- year. it could limit access to new prescrip- fusing, and costly to comply with. In Finally, this legislation would re- tion medicine. This bill does not limit fact, since we last had major reform in quire a three-fifths majority in Con- access to new prescription medicine— 1986 there have been more than 14,000 gress for any tax increase. This ensures or old prescription medicine, for that changes to the Tax Code. Average tax- that only in times of the most need matter. That is not what we are talk- payers should not have to pour over would the Government be able to take ing about. tax regulations for hours on end or pay any more money out of the hands of In fact, what I find interesting, and a tax professional to complete their tax hard-working Americans. By enacting the subtle part of this is, if we nego- documents. this legislation we would institute a tiate for a better deal, they won’t be In the IRS’ own estimation, the aver- strong backstop against those that able to do research anymore. We know age time burden for all taxpayers filing would seek to continue the out-of-con- that right now the drug industry a 1040 is 30 hours. Unfortunately, what trol growth of the Federal Govern- spends 21⁄2 times more on marketing this means is that for most people is ment. And we would open a new chap- and advertising than they do on re- that in addition to paying the Govern- ter of responsibility and accountability search. ment every year, they need to pay in our revenue collection. I would suggest we can negotiate to someone or buy software to tell them Yes, the flat tax would revolutionize get a little better price. And I wonder exactly how much to pay their Govern- the way our Government operates. how much $135,000 would buy in medi- ment. Today, if a flat tax were in place, tax- cine for somebody today instead of one Americans need a simple, common- payers would file a return the size of a ad? Let’s cut down a little bit on the sense solution. This is why I have in- postcard. Rather than spending hours marketing and advertising, and we troduced S. 1040, the Tax Simplifica- deciphering convoluted IRS forms or won’t have to worry about whether tion Act. resorting to professional tax assist- Medicare can negotiate for the very The Tax Simplification Act estab- ance, the flat tax would allow tax- best price. lishes a flat income tax of 17 percent on payers to complete their taxes quickly So I hope that tomorrow we are all income and places real spending and easily. going to have a vote to proceed to this limits on the Federal Government. The time for significant reform of very important public policy issue, this First, my proposal would replace our our Tax Code is now. The flat tax very important bill. I hope we are current incomprehensible Tax Code would revolutionize the way our Gov- going to, in fact, do what 87 percent of with a flat rate of 17 percent on all in- ernment operates. The complexities voters are saying they want us to do— dividuals’ income beyond an exemption and inequities of the current tax sys- negotiate the very best price for pre- for the individual and any dependents. tem would end. They would be replaced scription drugs. To prevent the double-taxation of in- by a system that treats every taxpayer I would ask my colleagues to vote to come, earnings from savings would not equally and represents a massive re- allow us to proceed to the bill. We can be included as taxable income, result- duction in the tax burden carried by continue to work together on exactly ing in a tax cut for virtually all tax- hard-working Americans. what the language should look like, payers and providing a strong incentive Only by treating every taxpayer but the idea that you would stop it be- for people to save. Increasing the sav- equally can our Tax Code ever achieve fore we can even have the debate would ings rate in this country should be a true fairness. Only when the shackles be extremely disturbing. People in this priority of this Congress and this bill of our burdensome Tax Codes are re- country do not understand why it is will do that. moved will we truly see what our great that decisions are made too often for As complicated as the individual tax economy is capable of doing. those who happen to have the lobbyists system has proven, it pales in compari- Mr. President, I yield the floor. here or the ads on TV or in the news- son to the hoops U.S. businesses are re- The PRESIDING OFFICER. The Sen- paper and not enough for the folks who quired to jump through. In preparation ator from Michigan is recognized. are working hard every day or are re- for 2005 taxes, businesses and non- Mr. LEVIN. Mr. President, Mr. tired on a fixed income trying to make profits spent an estimated 6.4 billion ISAKSON has a very brief statement, ends meet. hours complying with the Federal In- perhaps 2 minutes. I wonder if he can Tomorrow is a chance for us to show come Tax Code, with an estimated be recognized for 2 minutes and then that those folks are not making the de- compliance cost of over $265 billion. Senator NELSON for 2 minutes and then cisions, that we are going to move for- Without action, that number is ex- I be recognized for 5 minutes. I ask ward on a bill which is positive for sen- pected to grow to over $482 billion by unanimous consent. iors, which is going to give us an op- 2015. The PRESIDING OFFICER. Without portunity to open the door to negoti- What this means is that for every $5 objection, it is so ordered. ating good prices and make a real dif- the Government collects right now, The Senator from Georgia is recog- ference for people, a real difference for businesses are forced to spend another nized. people whom the system is supposed to $1 to comply with the countless rules HONORING RYAN CLARK help, the Medicare prescription drug and regulations that we, the Govern- Mr. ISAKSON. Mr. President, I ask benefit for our seniors, for people on ment, have created. These additional to address the Senate as if in morning Medicare. They deserve the best price. costs are then passed on to the con- business. Tomorrow, we will have a chance to sumers, investors, and employees. We The PRESIDING OFFICER. Without vote to go to that debate and work to- need to overcome this notion that our objection, it is so ordered. gether to get a bill that will do that. I corporate income tax simply applies to Mr. ISAKSON. Mr. President, I rise hope we are going to vote to do that. some faceless boardroom. Corporations today to express my sympathy and I I yield the floor. do not pay taxes. People pay taxes. know the sympathy of all of the Mem- The PRESIDING OFFICER. The Sen- Corporations do not comply with our bers of the Senate and the people of the ator from Alabama is recognized. tax laws. People do. United States of America on the tragic TAX DAY Under my legislation, companies losses yesterday at Virginia Tech. Mr. SHELBY. Once again, today, tax would pay the flat tax of 17 percent I learned this morning that one of time is upon us. It is April 17. We know rate on their income, simplifying the those first tragic losses was a young April 15 is the magic day, but it has complicated calculations businesses gentleman by the name of Ryan Clark,

VerDate Aug 31 2005 01:45 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G17AP6.056 S17APPT1 jcorcoran on PROD1PC62 with SENATE April 17, 2007 CONGRESSIONAL RECORD — SENATE S4575 and I, from the floor of the Senate, anything other than protect the inter- The legislation before us today takes send to Martinez, GA, my sympathy, ests of this country through our intel- significant steps toward reinvigorating that of Senator CHAMBLISS, and that of ligence activities. our oversight responsibility. For exam- all Members of the Senate on the trag- I yield the floor. ple, effective oversight depends on ic loss of Ryan. The PRESIDING OFFICER. The Sen- Members of Congress having timely ac- None of us can understand what hap- ator from Michigan is recognized. cess to intelligence information. Unfor- pened yesterday, but all of us must un- Mr. LEVIN. Mr. President, the re- tunately, too often that is not the case, derstand the profound tragedy and the lease of the 9/11 Commission Report in as requests from Congress for intel- loss of youth in its prime. July of 2004 fueled a debate about how ligence information are stonewalled Ryan Clark, 22 years old, a double our intelligence community should be and slow walked. Section 108 of the bill major in English and biology, was restructured to better respond to the before us requires the intelligence com- about to walk across the stage and post-9/11 threat. munity to provide, upon request from graduate and then pursue a masters In response to problems identified by the chairman or vice chairman of the and a Ph.D. in psychology. Ryan is sur- the 9/11 Commission, Congress passed Senate Intelligence Committee or vived not only by his mother Letitie and the President signed into law the chairman or ranking member of the but by his brother Bryan. Bryan told us Intelligence Reform and Terrorism House Intelligence Committee, timely that his brother was known best by his Prevention Act of 2004. Most notably, access to existing intelligence assess- nickname on the campus, ‘‘Stack.’’ that bill created the Director of Na- ments, reports, estimates, legal opin- Stack, if you go to the Web site of the tional Intelligence, empowering the ions, or other intelligence information. Virginia Tech band, can be seen volun- DNI with budget power and control The bill before us also advances teering his time in a food drive for the over personnel in the intelligence com- Congress’s oversight of particular mat- needy. In fact, just last December, in munity. ters. For example, section 313 requires the Georgia Dome at the Peach Bowl of The bill also created the National the Director of National Intelligence to 2006, one of the last times that Ryan Counterterrorism Center, or NCTC, submit a classified report on any clan- went back to Georgia, he performed with the authority to conduct strategic destine detention facilities operated by with the Virginia Tech band at half- counterterrorism planning and to as- the U.S. Government. This public law time of that bowl game. sign roles and responsibilities for coun- requirement reflects the Intelligence This young man was a residential ad- terterrorism activities. Passage of in- Committee’s determination to under- viser, a member of the band, an out- telligence reform was a watershed mo- take serious oversight of any intel- standing student, a proud son, and a ment in the drive to better organize ligence community detention and in- proud brother. I am very proud as a our Government to deal with the terrogation practices. The bill before Georgian to have known of his accom- threat of terrorism. us also establishes within the Office of plishments, and I send his mother On December 8, 2004, the same day the Director of National Intelligence Letitie my prayers and my hopes that the Senate passed the Intelligence re- an inspector general of the intelligence she will accept our sympathy and en- form bill, it passed the Intelligence Au- community. That is a major reform. It dure the tragedy of the loss of her son thorization Act for fiscal year 2005. It is highly important, and it is long Ryan. is troubling that that day, December 8, overdue. The creation of an inspector To the families of all of those profes- 2004, was the last day this body passed general of the intelligence community sors, employees, and students who were an Intelligence authorization bill, and will strengthen accountability by per- hurt yesterday in Blacksburg, VA, I ex- it underscores the importance of the mitting independent examinations of tend my sympathy and my deepest Senate passing the bill before us. Since problems, abuses, or deficiencies. prayers that we will find reconcili- passage of the Intelligence reform bill We should not let another year go by ations out of tragedy. in 2004, we learned a good deal about without an Intelligence authorization I yield the floor. what additional changes to law might bill. We cannot defeat the threats this The PRESIDING OFFICER. The Sen- be needed to improve our intelligence Nation faces without the strongest and ator from Florida is recognized. community functions. In addition, as most effective intelligence community Mr. NELSON of Florida. Mr. Presi- we have learned about such activities which, in turn, requires strong over- dent, our hearts go out to the citizens as the NSA’s warrantless wiretapping sight. of Virginia, to the university commu- program, we have come to better ap- I yield the floor and suggest the ab- nity, and to the families and the loved preciate the need for strong congres- sence of quorum. ones of those in this tragedy. It goes sional oversight of the intelligence The PRESIDING OFFICER. The without saying that we will get to the community. clerk will call the roll. bottom of this and then find out what As a matter of fact, the 9/11 Commis- The assistant legislative clerk pro- is going wrong in this country that our sion said the following in its very ceeded to call the roll. sense of morality has gone askew so lengthy and thoughtful report, Mr. DORGAN. Mr. President, I ask that a senseless set of murders such as ‘‘Strengthen Congressional Oversight unanimous consent that the order for this would occur. of Intelligence and Homeland Secu- the quorum call be rescinded. I am here to speak on behalf of this rity.’’ That is the heading of the sec- The PRESIDING OFFICER (Mr. intelligence legislation on which we tion, and this is the one pungent sen- SALAZAR). Without objection, it is so are about to have a vote, cutting off tence from that report which I hope ordered. debate so we can proceed to finalize the will cause a lot of people to rethink TRADE bill. It is necessary that we do that. I their opposition to cloture on this bill: Mr. DORGAN. Mr. President, later had the privilege of serving on the In- Of all of our recommendations, strength- this week there will be a group of us in telligence Committee along with my ening congressional oversight may be among the Senate holding a meeting on trade colleague, the Senator from Michigan, the most difficult and important. issues and talking about what our re- on his committee, the Armed Services Those words should have an impact sponse will be to the request by Presi- Committee, as well as the Senate For- on the vote that is coming up in about dent Bush to extend what they call eign Relations Committee. There is so 40 minutes. trade promotion authority. Trade pro- much going on that is at stake for this More than 30 years ago, the Senate motion authority is a slogan that was country that we cannot in any way passed S. Res. 400, establishing the Se- used to replace fast track because fast delay this Intelligence bill; it needs to lect Committee on Intelligence, and track apparently became some sort of a be considered; it needs to be amended, charging that committee with pro- pejorative term, at least in the minds if that is the will of this body; it needs viding ‘‘vigilant legislative oversight of some. So they came up with the to be passed, and we need to then get over the intelligence activities of the term ‘‘trade promotion authority.’’ It reconciled with the House and get it to United States to assure that such ac- is like labeling things healthy forests the President for his signature. There tivities are in conformity with the or clear skies, trade promotion author- are too many things that are super im- Constitution and laws of the United ity. What it means is fast track. The portant to this country for us to do States.’’ Congress, by Constitution, has the

VerDate Aug 31 2005 00:50 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G17AP6.057 S17APPT1 jcorcoran on PROD1PC62 with SENATE S4576 CONGRESSIONAL RECORD — SENATE April 17, 2007 right to be engaged in foreign com- hour. If they decide they are being the middle class in this country—with merce. That is where it is described, in cheated out of wages and try to orga- good jobs that pay well—have we now the Constitution. It is not described as nize workers, they will be sent to pris- decided there is a new strategy, a part of executive branch responsibil- on. bankrupt strategy, which is so-called ities. It is described as part of the re- That is the new economy? That is the free trade, which is unfair to the Amer- sponsibilities of Congress to be in- new circumstance of the global econ- ican worker, because it is a race to the volved in the issue of trade and foreign omy? That is free trade? That is good bottom, saying to companies: If you commerce. for our country? I don’t think so. can find somebody who will work for 20 What has happened over some years I have spoken at length about this cents an hour, have them make the is the Congress has given the President issue. I am for trade and plenty of it. Huffy bicycles, have them make the authority to negotiate trade agree- Sign me up. I support trade. I like Radio Flyer little red wagons, have ments in secret behind closed doors, trade. I insist that it be fair to this them make the Fig Newtons, have bring the trade agreements to this Con- country. I am flat out tired, through them make the Hanes underwear, and gress, and we agree we will put on a fast track, of having trade agreements have them make the Levi’s. They are straitjacket and not be allowed to offer being negotiated in secret overseas all gone because they went in search of any amendments, and it will be consid- someplace behind closed doors by U.S. cheap labor. All those American jobs ered as a trade agreement that we have negotiators who forget who they are are gone. Now, I ask you, is that a road negotiated with some other country working for. They bring them to this to a better future for American work- under expedited procedures. The Con- Chamber under expedited authority ers? gress itself has decided to put itself in called fast track and there is the prohi- We, actually, in this Chamber, mind a straitjacket with something called bition of any amendment being offered you—not me but a majority—have sup- fast track or trade promotion author- to change what is obviously wrong ported one of the most pernicious pro- ity. I did not support that. I didn’t sup- with the agreement. Then it runs visions I have ever seen, a provision that says: Do you know what, if you port it for President Clinton. I don’t through here like a hot knife through want to close your manufacturing support it for President Bush. Presi- butter. We have had NAFTA and plant and fire your workers and move dent Bush has had fast track trade pro- CAFTA and U.S.-Canada. We have had the jobs to China, we intend to give motion authority now for some while. all these trade agreements, at the end you a big fat tax break for doing it. It is about to expire on June 30. He is of which we have the largest trade def- That is unbelievable. I have tried four asking that it be extended. As for me, icit in the history of humankind. It is I will not support extending it. I hope times to change that in the Senate and not even close. Every time we pass a have come up short in the vote four to be involved with a group of Senators new trade agreement, we have a larger who similarly will describe the danger straight times. But I guarantee you deficit. this: One day, there will be enough to this country’s economic future that The people who come up with these clear thinking in this Congress to de- would be entailed by supporting the ex- concoctions called free trade say: Isn’t cide we ought to stop subsidizing the tension of fast track or trade pro- this wonderful? No, it is not. Would export of American jobs. motion authority. they say it was wonderful if they were So I started by saying we have an Let me describe what the danger is. losing their jobs? They wouldn’t. But $830 billion trade deficit. That relates Some wish to ignore all the evidence they are not the ones losing their jobs. to the export of jobs and the purchase that exists with respect to trade. The Alan Blinder, a mainstream econo- every day of $2 billion more than we fact is, in the past year our trade def- mist, former vice chairman of the Fed- are able to ship abroad. We are going to icit in 1 year was $830 billion. What eral Reserve, said this about the have to repay that someday. You can does that number mean? It probably outsourcing of American jobs: There make a case on the budget deficit that doesn’t mean much to most people. It are 40 million American jobs subject to is money which we owe to ourselves. means every single day we purchase outsourcing. Not all of them will leave You cannot make that case with the from foreign countries $2 billion more this country, but even those that re- trade deficit. That will be repaid some- than we are able to sell to foreign main will have downward pressure on day with a lower standard of living in countries. Every single day we put $2 their income because there is someone this country. billion worth of IOUs in the hands of else somewhere else in the world will- That is why we ought to, as a coun- another country. A substantial portion ing to work for pennies. try, begin worrying about and thinking of those IOUs is now possessed by So is that the new global economy? about this new strategy. I am for a fair China, Japan, and others. About $1 bil- Is that the flat world? Mr. Friedman trade strategy. I am for trade, and lion is owed from the citizens of this wrote the book ‘‘The World is Flat.’’ I plenty of it, but it must be fair to this country to China and Japan. know better than that; so does he. The country. I am sick and tired of seeing In addition to the imbalance of $2 bil- world is not flat. In the chapter where trade agreements that pull the rug out lion a day importing more than we ex- he looks at Bangalore, India and says, from under our workers and pull the port or consume—saying it another isn’t this wonderful, all these jobs in rug out from under our standards. I way, about 6 percent more than we India, no, it is not wonderful. want to lift people up, not press people produce—we are seeing American jobs Is this the kind of new economy we down. I do not believe in a future in being shipped overseas. We have actu- signed up for? Have we forgotten the which 40 million to 50 million addi- ally some cheerleaders for that propo- lessons, have we forgotten what it took tional workers are subject to sition. We have some people in this to get to this kind of standard of liv- outsourcing. But if they are not country who say isn’t that great. Isn’t ing? outsourced, they, nonetheless, can that a wonderful situation where we James Fyler was shot 54 times. It was come home and say: Honey, I didn’t can actually move American jobs said once he died of lead poisoning. I lose my job today, but they are going abroad. None of those people will ever guess when you are shot 54 times—he to pay me less. lose their jobs. They will write books was actually killed in Ludlow, CO, One final point. I spoke here about a and make laws, but they will never lose nearly 90 years ago. He was killed be- week ago about Circuit City. I do not their jobs. It is the folks who shower cause he thought people who went into know much about that company. I do after work who lose their jobs; the peo- the coal mines to mine for coal had a know this: They announced they were ple who go to the plant, the people on right to a fair wage and a right to work going to fire 3,400 people. Because they the assembly line; the people who find in a safe workplace. were bad workers? Not a bit. No. They their job is going elsewhere because Move forward a century from James said: We are going to fire them because there is someone else in the world, a Fyler, from people who gave their lives we want to rehire other workers to billion to a billion and a half people to lift the standards in this country, to whom we can pay less money. They willing to work for 20 or 30 cents an expand the middle class, to provide for were making, I think, slightly above hour. They will work with no health good jobs, demand a fair wage, demand $11 an hour. They wanted to fire 3,400 care benefits and no retirement bene- decent benefits, and then ask yourself workers so they could hire cheaper fits and in some cases for 20 cents an if, after a century, when we expanded workers, less expensive workers.

VerDate Aug 31 2005 01:20 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G17AP6.058 S17APPT1 jcorcoran on PROD1PC62 with SENATE April 17, 2007 CONGRESSIONAL RECORD — SENATE S4577 I do not know. If you go into a store against it in the Senate; I voted world to China, and the workers at the and ask somebody where the camera against it in the House, a dozen or so Nike plant are not paid enough to buy counter is, are you going to find a years ago—I flew to McAllen, TX, at the shoes they make. The difference in worker who knows? Maybe you have a my own expense and rented a car and their economy and ours, and these worker you could pay less money to, went across the border with a couple of trading partners where we have huge but do these companies forget that friends and visited Reynosa, Mexico, to trade deficits, is the workers are not their company is their workers, the see what NAFTA had brought to the sharing in the wealth they create. company is represented by their work- border areas and to the country of But that is starting to happen in the force, that is their brand? Mexico—at least that part of Mexico. United States. In the last 30 years, the We are headed in the wrong direc- I went to the home of two General wealthiest 20 percent in our country, tion. There is no social program in this Electric workers—General Electric, the wealthiest 5 percent, the wealthiest country as important as a good job Mexico. Both made about 90 cents an 1 percent are seeing their wealth go up that pays well. Yet the whole notion hour. Both worked pretty much 60 while wages are stagnant for the rest of here of the companies that want to hours a week, 10 hours a day, 6 days a the country. That is why the middle produce in China and ship here and run week. They lived in a home maybe 20 class is shrinking, because people who their income through the Cayman Is- feet by 15 feet, with no running water, are working hard and playing by the lands to avoid paying taxes to this no electricity. They had dirt floors. rules simply are not sharing in the country—the whole notion is, this is a When it rained hard, the floors turned wealth they create. new day, it is a new economy. Don’t to mud. They are more productive than they you understand it? Free trade. That is When you went outside their home— have ever been. We are setting produc- not fair trade, where I come from. these are people who worked 60 hours a tivity records in this country. Yet My colleague, Senator BROWN, has week each for an American company, a wages are stagnant or worse. Compa- worked on this issue for a long while in Mexican subsidiary of an American nies are outsourcing, companies are the U.S. House, and now in the U.S. company, 3 miles from the United going overseas. Senator DORGAN said Senate. I really appreciate seeing new States of America in Reynosa, Mex- those same companies are getting tax voices come to the Senate demanding ico—if you went outside their home, breaks and all kinds of advantages, as we move toward fair trade relation- there was a ditch behind their house, this body and, across the Capitol, the ships. We can compete, but the com- maybe 4 feet wide, with 2 by 4s across House of Representatives continue to petition has to be fair. That has not the ditch. Children would be playing in pass these job-killing trade agreements been the case with any of these trade this ditch with human waste, indus- that outsource our jobs, that betray agreements. trial waste—who knows what was going our middle class, that mean layoffs of Mr. President, I am happy to yield through it. The American Medical As- police and fire and teachers and people the floor so my colleague, Senator sociation said the Mexican-U.S. border who make our communities healthier, BROWN, can be recognized. is the most toxic place in the Western as families are hurt by these layoffs or The PRESIDING OFFICER. The Sen- Hemisphere. And these children were as families are hurt by stagnant wages. ator from Ohio. playing in whatever this human and in- That is why we need a very different Mr. BROWN. Mr. President, I ask dustrial effluent waste was in this trade policy—whether it is with Japan, unanimous consent to speak as in neighborhood. whether it is with Mexico—a trade pol- morning business for only 5 minutes or As you walked through this neigh- icy that lifts up the middle class and so. borhood, you could tell where the helps to strengthen the middle class, a The PRESIDING OFFICER. Without workers worked by the construction trade policy that will help workers in objection, it is so ordered. materials from which their homes were the developing world instead of this Mr. BROWN. Mr. President, I wish to built—packing materials and card- trade policy that outsources our jobs, echo much of what Senator DORGAN board boxes from the companies for betrays our communities, and hurts has said and thank him for his leader- which they worked or from the sup- our families. ship on trade issues. I came to the pliers to the companies for which they Mr. DORGAN. Mr. President, will the House of Representatives in 1993, elect- worked. They used that as roofs and Senator from Ohio yield for a question? ed in 1992. Our trade deficit was fairly walls to build their shacks. Mr. BROWN. Yes. large in those days, we thought: $38 bil- Again, these are people who hold full- Mr. DORGAN. Mr. President, the lion. Today, as the Senator said, de- time jobs for General Electric, Mexico, Senator from Ohio has described auto- pending on whether you count services 3 miles from the United States of mobiles as one part of his discussion. I in addition to manufactured products, America. wonder if the Senator from Ohio it exceeds $800 billion. Then, nearby, within a mile, I visited knows, for example, with respect to Interestingly, if you add the aggre- an auto plant—an auto plant that South Korea, we imported about 700,000 gate trade deficit from 1992 through looked just like an auto plant in automobiles from South Korea in the 2006—that means the amount of im- Lordstown, OH, Avon Lake, OH, with last year. We were able to export about ports we have brought into our country modern technology, even more modern 4,000 American cars to South Korea. versus the amount of exports we have than what we have often in auto plants Now, why the imbalance? Mr. Presi- going out of our country—we have had in Ohio, unfortunately. They had clean dent, 99 percent of the cars driven on a $4 trillion trade deficit in the aggre- floors and hard-working workers who the streets of South Korea are made in gate. That is $4 trillion of wealth hav- were very productive. South Korea. That is the way they ing gone out of our country. There was one difference between the want it. Once in a great while, we have To understand what $4 trillion is, be- Mexican auto plant and the auto plant a little burst. The Dodge Dakota pick- cause nobody can really understand you would see in Cleveland. The dif- up—all of a sudden, it looked like they that, if you spent $1,000 every second of ference was there was no parking lot in were going to sell some Dodge Dakota every minute of every hour of every the Mexican auto plant because, simply pickups in South Korea. Just like that, day—if you spent $1,000 of every second put, the workers have not shared in the the Government shut that down. Oh, of every minute of every hour of every wealth they produce for their company. they do it very subtlely, but they know day—to spend $4 trillion, it would take You could go halfway around the what they are doing—just like that. you 135 years. That is the kind of world. You could go to a Motorola China is a good example. We did a wealth we have seen go out of our plant in Malaysia, and the workers are trade agreement with China. China is country. But to understand that in not paid enough to buy the phones they now creating an automobile export more human terms, let me just share a make. You could come back halfway market. They want to be a big auto- story, if I could, for a moment. around the world to Costa Rica to a mobile exporter and intend to export to About 7 or 8 years ago, after the Disney plant, and the workers do not this country. Here is what we said to North American Free Trade Agree- make enough money to buy the toys China, a country with which we have a ment, unfortunately, passed the House they make for their children. You giant trade deficit: When you ship your and Senate—Senator DORGAN voted could go back halfway around the Chinese cars to the United States, we

VerDate Aug 31 2005 01:20 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G17AP6.061 S17APPT1 jcorcoran on PROD1PC62 with SENATE S4578 CONGRESSIONAL RECORD — SENATE April 17, 2007 will impose a 2.5-percent tariff on your We want fair trade. Plenty of countries last day at work, decided they wanted cars. And we agree that for any U.S. around the world practice trade, as to sign as a note of pride in the work automobiles we would sell in China, South Korea does, for their own na- they had just completed. you may impose a 25-percent tariff. So tional interests. We practice trade ac- Then the jobs were gone, all gone to to a country with which we have a cording to some economics textbooks China, because the Pennsylvania work- giant trade deficit—we now have a $230 some days, and other days we practice ers could not compete with those who billion trade deficit with China—we trade according to what is in the inter- would work for 25 cents, 30 cents, 35 have said: It is OK for you to impose a ests of these large corporations that cents an hour. But they shouldn’t have tariff that is 10 times higher than we outsource. But these companies—again to. That is the point of our discussion would impose on your cars. I use the word ‘‘betray’’—they betray about fair trade. That is unbelievably ignorant, in my our families, they betray our commu- Mr. BROWN. Mr. President, in the judgment, ignorant of our own eco- nities when they do what Huffy Bicy- next decade our Nation needs to—our nomic interests. cles did because those jobs were good- Government needs to come up with a If I may make one additional point. paying union jobs in Shelby County manufacturing policy. If our trade laws In Ohio, they used to make Huffy bicy- OH, in western Ohio. As Senator DOR- and our tax laws continue to encourage cles. I have spoken about that at some GAN said, they have been there for hun- outsourcing, continue to contribute to length on this floor. They paid people dreds of years. this erosion of the middle class, we will $11 an hour to make Huffy bicycles. In the far corner of northwest Ohio be a country with less and less manu- Huffy bicycles are 20 percent of the there is a company called the Ohio Art facturing, fewer and fewer manufac- American bicycle market. You can buy Company. The Ohio Art Company turing jobs, less and less of an ability them at Wal-Mart, Kmart, Sears. The makes something that almost everyone to protect our national interests. It is people at the plant in Ohio loved their who grew up in this country knows a question of national security, to be jobs. They made the Huffy bicycles for about: they make the Etch A Sketch. able to have a strong manufacturing over a century. They all got fired. They Some years ago, Wal-Mart went to the component to our economy, and it is a all lost their jobs. You can still buy a Ohio Art Company and said: We want question of economic security for fami- Huffy bicycle. They are all made in to sell Etch A Sketch in our stores for lies in places such as Dayton, in places China. under $10, and the Ohio Art Company such as Steubenville and Painesville But on the last day of work, after couldn’t make them for that price, so and Cleveland, OH, places where people they were fired, these Huffy bicycle they pretty much moved most or all of have built middle-class lifestyles, workers, as they drove out of the park- their production to China. bought their homes, sent their children ing lot of the plant, all left a pair of It is that kind of betrayal by these to college, worked for a decent retire- empty shoes where their car used to sit corporations, with the concurrence of ment because they have worked hard in the parking lot. It was their way of our Government, because our Govern- and played by the rules and manufac- saying to this company: You can ship ment writes the rules for these trade tured goods that people in our country our jobs overseas, but, by God, you are agreements—our Government has con- use. not going to fill our shoes. It was a sistently practiced trade and allowed I think it is important as we move poignant way for workers to say: This our largest companies to practice trade forward with Senator DORGAN and peo- job mattered to me. We worked here not according—unlike other countries ple like Senator WHITEHOUSE from for a century making bicycles as Amer- that don’t practice it according to our Rhode Island, who is also very inter- ican workers. And now it is gone. national interests, and it is time that ested in this, that we move forward on It is unbelievable, when you hear we do. developing this manufacturing policy these stories and see what the con- Mr. DORGAN. Mr. President, I would on trade, on tax law, and on helping sequences are of American companies like to ask the Senator to yield for one particularly our small manufacturers that have decided: Do you know what, more point. The Governor of Pennsyl- compete in this global economy. the new economy says, let’s produce vania, Governor Rendell, tried very I thank the President, and I yield the where we can pay people 30 cents an hard to keep a company in Pennsyl- floor. hour. Incidentally, that is how much vania, Pennsylvania House Furniture. Mr. WHITEHOUSE. Mr. President, we workers get who are now producing They make fine furniture with Penn- have seen a considerable number of the Huffy bicycles. They are paid 30 cents sylvania wood, a very special kind of members of the Intelligence Com- an hour. They work 7 days a week, 12 Pennsylvania wood. They make top-of- mittee come up to this floor this after- to 14 hours a day. That is what the the-line furniture and did for a long noon, and that is because we have be- Ohio workers were told. You cannot time—I think for over a century as fore us S. 372, legislation authorizing compete against that, so you lose. well. They were purchased by La-Z- funding for our intelligence and na- In my judgment, our country, this Boy, and La-Z-Boy decided that Penn- tional security services. But rather Senate—Senator BROWN and I and oth- sylvania House Furniture would be than work with Congress to ensure ers—has to begin standing up for the outsourced to China. At that point, agencies such as the CIA, FBI, NSA, economic interests of our country and Governor Rendell and folks in Pennsyl- and many others receive the funding our workers. If we do not, we will sure- vania got involved to try to save Penn- they need to meet their missions and ly see a shrinking of the middle class sylvania House Furniture, but they keep Americans safe, the Bush admin- and a dramatic impact on the economy couldn’t do it. The jobs all went to istration and some in the Republican and future growth of this country. China. Incidentally, they now ship the minority are stonewalling this legisla- That is why this is such an important wood from Pennsylvania to China, put tion. issue. the furniture together, and then ship it As the newest member of the Select Again, let me just say how impressed back to be sold as Pennsylvania House Committee on Intelligence, I am deeply I am with not only Senator BROWN but Furniture. troubled to see this legislation stalled especially Senator BROWN and some There is somebody in this country at the expense of the security of our others who have joined us in the Sen- who has a piece of furniture that they Nation. My father was a Foreign Serv- ate, who will be very strong voices on don’t understand the value of. The last ice officer, and through his eyes I have behalf of a sane, thoughtful, sensible day at work at this plant where they seen the power of American diplomatic protrade policy that is pro-fair trade had made furniture, these craftsmen, and intelligence efforts to do both and stands up for this country’s eco- who made top-end, top-of-the-line fur- great good in the world and great nomic interests. niture, these craftsmen, the last day of harm. I thank the Senator from Ohio for work, on the last piece of furniture In their misuse and in the yielding to me. that came off the assembly line in politicization of America’s intelligence Mr. BROWN. Mr. President, I reem- Pennsylvania, turned it over and they apparatus, President Bush and his ad- phasize what Senator DORGAN says so all signed it. Someone has a piece of ministration have done great harm to often; that is, we want trade—plenty of furniture with the signatures of all the America’s standing in the world and it—we just want it with different rules. craftsmen at that plant who, on their our security at home. Now we face the

VerDate Aug 31 2005 01:20 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G17AP6.063 S17APPT1 jcorcoran on PROD1PC62 with SENATE April 17, 2007 CONGRESSIONAL RECORD — SENATE S4579 bleak prospect that for the third year quiry. These are not organizations that proceed was passed last Thursday, the in a row the Senate may not pass an in- work in the bright light of day but in vote was 94 to 3. That is not just to telligence authorization bill. This the deep dark of the secrecy they re- drop off a number, that is a significant should give every concerned American quire to be effective. So meaningful expression of public will in the Senate. pause. and appropriate congressional over- The Senate was again prevented from This measure will fund our intel- sight is our only safeguard. moving to the bill for the purpose of ligence community agencies, fight ter- This administration welcomes over- debate and amendment by a continued rorism, strengthen our capabilities to sight less than almost any I can think Republican objection, forced 30 hours collect, analyze, and act on intel- of, but no administration in recent to run on the motion to proceed. As a ligence, and, most importantly, expand memory has needed it more. Perhaps result, we have wasted 2 days. transparency and oversight of our in- the Nixon administration, but like the As my distinguished and good friend telligence community. It is a reflection Nixon administration, this administra- Senator BOND said, we wasted 2 days of diligent, thorough, and tenacious tion’s resistance to congressional over- when we could have considered and dis- work by our committee chairman, JAY sight is a measure of how badly that posed of many amendments, which we ROCKEFELLER, the distinguished Sen- oversight is needed. Unfortunately, for were prepared to do. ator from West Virginia whom I see too many years this Congress has con- Vice Chairman BOND and I have been with me on the floor this afternoon, ducted oversight by the principle, ‘‘out working together, the two of us, to along with his Republican counterpart, of sight, out of mind’’ or maybe ‘‘see no clear and pass amendments even this Vice Chairman BOND. I was hopeful evil, hear no evil, speak no evil.’’ You day, and have done so, a goodly number that at least we could end the partisan don’t have to look far to see how badly of very important ones, because we are logjam that has crippled the Senate In- this strategy has failed. determined that this should work. telligence Committee for the last sev- But there is a new team in town and However, many of those 42 amend- eral years. I have been pleased with the a new leadership of this Congress that ments filed are extraneous, and they thoughtful and serious tone of the com- takes these responsibilities seriously. are nonrelevant. We have to pay atten- mittee’s work on both sides of the It is an abdication of our responsibility tion to those things that are outside aisle. Yet now something has suddenly under the Constitution, and it is irre- the jurisdiction of the Senate Intel- changed, and the Republican minority sponsible with respect to the security ligence Committee and the purpose of has maneuvered to block this legisla- of our Nation to let this legislation the authorization bill so they don’t tion from becoming law. Now it ap- languish. fall, but we won’t be able to get to pears the White House has intervened, I urge my colleagues in the minority those. has called in chits, and twisted arms to to reconsider their actions, to return So I would just conclude this way. stop a bill on which Chairman ROCKE- to this floor in good faith, to continue Oversight of the activities of the U.S. FELLER and Vice Chairman BOND have the good work that Chairman ROCKE- intelligence community is a necessary worked so long and hard. FELLER and Vice Chairman BOND have and essential duty of this body. It is a We understand this administration so nobly accomplished, and to give our duty which Vice Chairman BOND and I does not want congressional oversight. intelligence agencies the funding they take extremely seriously. He is very They don’t want oversight on their need to keep us safe. aggressive about it and cares a great inept response to Hurricane Katrina. I yield the floor. deal about it. I do, too. I think it de- They don’t want oversight on the un- Mr. ROCKEFELLER. Mr. President, fines the integrity of the process with precedented purge of U.S. attorneys. first of all, I want to truly congratu- which we protect our Nation and the They don’t want oversight on the deba- late the Senator from Rhode Island for people who protect our Nation, cov- cle going on in Iraq. They don’t want his statement which was delivered ertly, overtly, as the Senator from oversight on intelligence either. But no forcefully, intelligently, accurately, Rhode Island talked about. administration in recent memory has and with great conviction which comes So it is our constitutional duty. I more badly needed congressional over- from his extremely broad experience in don’t like to be in dereliction of my sight, and in no area has that need life. constitutional duty at any particular been more plainly demonstrated than For this Senator’s part, my view is time. I can’t think of any time that is in the intelligence function of our Gov- this: Unless the Senate invokes cloture more important to me not to do so ernment. and moves to finish action on the fiscal than right now. This is the administration that failed year 2007 authorization bill, we have In addition, I fear that it sends a dis- to ensure adequate oversight of na- failed for the third time, or as Senator turbing message to the clandestine col- tional security letters under the PA- LEVIN put it, since 2004 when we last lectors and the intelligence analysts of TRIOT Act. This is the administration passed it, to pass important national the intelligence community who actu- that conducted its own secret wiretap security legislation. Everything that ally watch us and pay a lot more atten- program to monitor conversations, in- the American people are worried about, tion to us, particularly here in Wash- cluding the conversations of U.S. citi- everything that comes out of events ington, and read our tea leaves and zens. This is the administration that like yesterday in Blacksburg, VA—and take their signals about where they established its own secret prison net- by the way, I spent a good deal of time stand on our priority list. I want them work offshore to hold terrorism sus- on the phone talking to students I to stand at the very top. I think the pects off the record of this country’s le- know down there—everything points to vice chairman wants them to stand at gitimate judicial institutions. This is a massive, tectonic change in the way the very top. If we do not consider the administration that cherry-picked we are carrying on. them a legislative priority, then I am its intelligence to justify the claim of I speak very proudly of a PBS series saddened by that. Iraqi weapons of mass destruction. which is looking at this whole subject. I call upon my colleagues to set aside That abuse of intelligence alone cost Monday, Tuesday, Wednesday, Thurs- politics and vote for cloture and final our country thousands of lives, billions day, and Friday, 12 consecutive hours passage of this intelligence authoriza- of dollars, and damage to our relations of looking at what Islam is, what it tion bill that has languished in legisla- with allies around the world that will isn’t; what jihad is, what it isn’t; and tive limbo for more years than I am linger for many years. how we came to this point. It is done happily willing to admit. One can see why this administration from all points of view, usually with- I yield the floor. would resist congressional oversight, out any journalists, just soldiers talk- The PRESIDING OFFICER. The Sen- but Congress is obligated to oversee ing. It is brilliant, and I recommend it ator from Missouri is recognized. our country’s national security and in- to my colleagues. Mr. BOND. Mr. President, I regret we telligence-gathering services. That is We tried last week to move the Intel- have come to an impasse. The chair- our duty under the Constitution. This ligence authorization bill, and we were man and I and the members of the com- duty is particularly important with the prevented from doing so due to objec- mittee have worked very hard to get a covert intelligence agencies because tion from some of our Republican col- bill that is getting much better. I am their work is not subject to public in- leagues. When cloture on the motion to very sorry that we were not allowed to

VerDate Aug 31 2005 01:45 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G17AP6.064 S17APPT1 jcorcoran on PROD1PC62 with SENATE S4580 CONGRESSIONAL RECORD — SENATE April 17, 2007 vote on amendments this afternoon Carper Klobuchar Pryor ity of the executive branch to deny in- and to continue with our efforts to Casey Kohl Reed formation to the full membership of Clinton Landrieu Reid move this bill forward. The leaders are Conrad Lautenberg Rockefeller the Intelligence Committee. I am also responsible on both sides for running Dodd Leahy Salazar pleased that the classified annex to the this body, and we are in a position now Dorgan Levin Sanders bill includes my amendment calling on Durbin Lieberman where it appears to the minority that Schumer the administration to work with the Feingold Lincoln Snowe Feinstein McCaskill amendments will not—could be pre- Stabenow committee to ensure adequate over- Hagel Menendez cluded under that circumstance. I am Tester sight of the program, which has not yet Harkin Mikulski Webb afraid there will not be the support for Inouye Murray occurred. cloture. I regret that we have worked Kennedy Nelson (FL) Whitehouse With regard to intelligence reform, so long and hard and apparently will Kerry Nelson (NE) Wyden the bill establishes, within the Office of not be able to continue with this bill. I NAYS—45 the Director of National Intelligence, hope to do so at a later time. Alexander DeMint Martinez an inspector general of the intelligence I thank my colleagues and I yield the Allard Dole McConnell community, which will strengthen ac- floor. Bennett Domenici Murkowski countability across the community. Bond Ensign Roberts The bill also requires the declassifica- The PRESIDING OFFICER. Under Bunning Enzi Sessions the previous order, the motion to pro- Burr Graham Shelby tion of the aggregate budget for all in- ceed to the motion to reconsider is Chambliss Grassley Smith telligence activities. This longstanding agreed to. Coburn Gregg Specter intelligence reform goal, which was Cochran Hatch Stevens CLOTURE MOTION Coleman Hutchison Sununu recommended by the 9/11 Commission, The PRESIDING OFFICER. Under Collins Inhofe Thomas will allow for basic budget trans- the previous order and pursuant to rule Corker Isakson Thune parency and a level of accountability Cornyn Kyl Vitter without damaging our national secu- XXII, the clerk will report the motion Craig Lott Voinovich to invoke cloture. Crapo Lugar Warner rity. The bill includes an amendment I of- The bill clerk read as follows: NOT VOTING—5 fered to the classified annex with Sen- CLOTURE MOTION Biden Johnson Obama ator ROCKEFELLER calling for more in- We, the undersigned Senators, in accord- Brownback McCain telligence resources to be directed to- ance with the provisions of rule XXII of the The PRESIDING OFFICER. On this ward Africa. The continent presents a Standing Rules of the Senate, hereby move vote, the yeas are 50, the nays are 45. wide range of threats, such as terrorist to bring to a close debate on Calendar No. 20, Three-fifths of the Senators duly cho- havens and the transnational move- S. 372, the Intelligence Authorization bill of sen and sworn not having voted in the 2007. ments of terrorist organizations, while Harry Reid, Chuck Schumer, Russell D. affirmative, the motion is rejected. corruption, authoritarianism and pov- Feingold, Jay Rockefeller, Evan Bayh, Mr. FEINGOLD. Mr. President, I am erty allow these conditions to fester. In Patty Murray, Dick Durbin, Jeff deeply disappointed and concerned order to bolster our national security, Bingaman, Robert Menendez, B.A. Mi- about the continuing Republican fili- we need greater information and under- kulski, Dianne Feinstein, Bill Nelson, buster of the fiscal year 2007 Intel- standing of these threats. Of particular E. Benjamin Nelson, S. Whitehouse, ligence authorization bill. This bill is concern is Somalia, where the com- Byron L. Dorgan, Blanche L. Lincoln, critical for our national security. It Ron Wyden. mittee encouraged the intelligence supports the intelligence community community to work with other agen- The PRESIDING OFFICER. By unan- while ensuring that Congress can con- cies of the U.S. Government on a com- imous consent, the mandatory quorum duct necessary oversight of our intel- prehensive strategic plan for stability. call has been waived. ligence activities. Failure to pass this Unfortunately, since the amendment The question is, Is it the sense of the legislation would undermine the men was originally accepted by the com- Senate that debate on S. 372, a bill to and women of our intelligence commu- mittee in May 2006, the situation in the authorize appropriations through fiscal nity who look to Congress not only for Horn of Africa has only deteriorated year 2007 for the intelligence and intel- funding but for policy guidance and and the overall U.S. Government strat- ligence-related activities of the United legal clarity. It also sends a terrible egy for addressing the crisis remains States Government, the Intelligence signal to the American people, that de- sorely inadequate. Community Management Account, and spite repeated abuses by this adminis- Finally, I am pleased that, in re- the Central Intelligence Agency Re- tration from warrantless wiretapping sponse to the concerns of Senator tirement and Disability System, and to National Security Letters, Senate WYDEN and myself, a provision creating for other purposes, shall be brought to Republicans have chosen to shield the a new exemption to the Privacy Act a close? administration from congressional has been removed. Widespread abuses The yeas and nays are mandatory scrutiny and oversight. Unchecked ex- involving National Security Letters re- under the rule. ecutive authority is contrary to our cently uncovered by the Department of The clerk will call the roll. constitutional system. And the Amer- Justice inspector general only under- The bill clerk called the roll. ican people understand well what the 9/ score why Congress must conduct vig- Mr. DURBIN. I announce that the 11 Commission stressed—that strong orous oversight of how current authori- Senator from Delaware (Mr. BIDEN), congressional oversight is an essential ties are being used before providing the Senator from South Dakota (Mr. part of defending and protecting Amer- new ones. JOHNSON), and the Senator from Illi- ica. I again express my disappointment nois (Mr. OBAMA) are necessarily ab- There are a number of provisions of that the bill is being filibustered and sent. the bill that I view as particularly im- hope that the bill will soon be passed Mr. LOTT. The following Senators portant. Besides authorizing the intel- into law. are necessarily absent: the Senator ligence programs that help keep us Mr. KYL. Mr. President, I rise to talk from Kansas (Mr. BROWNBACK) and the safe, the bill improves congressional to my colleagues about my amendment Senator from Arizona (Mr. MCCAIN). oversight of the intelligence commu- No. 866 to protect the classified infor- The PRESIDING OFFICER. Are there nity and advances the critical work of mation handled by Congress. any other Senators in the Chamber de- intelligence reform. The National Se- Having served on the Intelligence siring to vote? curity Act requires that the congres- Committee for 8 years, no one needs to The yeas and nays resulted—yeas 50, sional intelligence committees be kept tell me how important it is for Con- nays 45, as follows: fully and currently informed of all in- gress to have the information it needs [Rollcall Vote No. 131 Leg.] telligence activities. The administra- to perform oversight of the intelligence YEAS—50 tion failed to comply with this law community. with regard to its illegal warrantless However, we must be mindful that Akaka Bingaman Byrd Baucus Boxer Cantwell wiretapping program. I am pleased, much of this information could do Bayh Brown Cardin therefore, that this bill limits the abil- great damage to our national security.

VerDate Aug 31 2005 01:20 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G17AP6.066 S17APPT1 jcorcoran on PROD1PC62 with SENATE April 17, 2007 CONGRESSIONAL RECORD — SENATE S4581 This bill includes what I believe are principle: competition and choice bring consequences would be because other misguided provisions related to clan- lower prices and, I might add, better countries have tried it. I recently read destine prisons, the Detainee Treat- service. a piece published in the Washington ment Act, and the enormous expansion There are some who want to change Post and written by Alberto Mingardi, of access to highly sensitive national that successful model, so we have to president of a think tank in Italy, and security information. ask ourselves: How does their plan im- I want to quote from this article be- The bill would declassify information prove on this very successful Govern- cause I believe it demonstrates my about the intelligence budget, dramati- ment program? point. He writes about the Democrats’ cally expand the number of members Since I believe being a zealous guard- plan to require the Government to set and staff with access to the most sen- ian of the taxpayers’ dollars is one of prices, or at least giving the Secretary sitive national security information the reasons my constituents sent me the authority to do that. He said: our government holds, and provide de- here, one of the first questions I ask is: It would create a Medicare drug program tails of the interrogation techniques Will the alternative plan of interfering that looks a lot like the system we have in used by our military and intelligence with this market-based competition my country, Italy, where drug prices are community. actually save taxpayers money while among the lowest in Europe. At first glance, Can anyone imagine what would hap- this might seem like an enviable model for continuing to provide choice and access America to follow. But before Pelosi rushes pen if al-Qaida became privy to the in- to prescription drugs for seniors? down the road to Italian-style health care, terrogation techniques our military The simple answer to this question let me offer a word of caution. Italy is hardly and intelligence community use? Does is, no, and you don’t have to take my a health care paradise. In fact, it’s more like anyone think al–Qaida wouldn’t adapt word for it. The nonpartisan Congres- a quagmire of red tape. and train its terrorists accordingly? sional Budget Office determined that For the most part, Italy’s lower drug prices are the product of government price con- I believe disseminating this informa- the proposal that is before us would tion is a mistake. But, if we are going trols. In Italy, these price controls have cre- have a ‘‘negligible effect’’ on reducing ated a number of problems. The govern- to disseminate it, we must put in place Government spending. ment’s attempt to force down drug prices has a mechanism to ensure this sensitive The advocates of this particular pro- not produced overall health-care spending. information does not get into the posal that is pending before us cannot Rather, it has resulted in a spike in de- hands of our enemies. And we must point to any Government source that mand—which is one reason why Italy’s give pause to those who would use this will support their claim that the Fed- health-care spending has skyrocketed, grow- information to conduct their own per- eral Government can negotiate more ing nearly 68 percent between 1995 and 2003. sonal foreign policies, as has been seen As for the quality of Italy’s care, that, too, effectively than the private market. has suffered. With demand for drugs rising, in the systematic use of leaks of classi- Specifically, CBO writes that ‘‘CBO es- the Italian government has attempted to fied information in recent years. timates that H.R. 4 would have a neg- save money by adopting reimbursement poli- My amendment will ensure this in- ligible effect on Federal spending be- cies that favor certain drugs over others. Un- formation is treated as it should be by cause we anticipate that the Secretary fortunately, the most innovative products imposing a 10-year criminal penalty on would be unable to negotiate prices often aren’t considered reimbursable by the those Members and staff who leak our across the broad range of covered part government precisely because they are the most expensive. national security secrets. D drugs that are more favorable than I urge adoption of the amendment. It’s a great system if you just need an anti- those obtained by PDPs under current biotic. But if you’re hoping to avoid open MEDICARE law.’’ Secretary Leavitt describes in heart surgery through access to a miracle Mr. CORNYN. Mr. President, I rise practice how having the Government drug, it can be a nightmare. today to discuss the Medicare prescrip- negotiate drug prices will not lead to He concludes. tion drug program that Congress lower costs for beneficiaries or tax- The economy is also harmed. Because it’s passed a little over 3 years ago with a payers. He has written: simply not profitable for companies to in- bipartisan majority. We have all heard We are seeing large-scale negotiations with vent cures in Italy, price controls have deci- the very impressive statistics associ- drug manufacturers, but they are being con- mated Italy’s pharmaceutical industry. So ated with the Medicare Part D pro- ducted by private plans, not the government. by attempting to hold down drug prices, the gram. More than 90 percent of seniors A robust market with a lot of competitors Italian government has deprived its citizens eligible for the benefit have drug cov- has driven down prices. It’s the magic of the of the best care without reducing health-care erage, and they will save on average market. To assume that the government, in spending. And it has deprived the country of what could be a vibrant sector of the econ- $1,200 per year. our genius, could improve on this belies the reality of a complex task. omy. In their rush to revamp Medicare, U.S. More importantly, more than 80 per- policy leaders should be careful not to make cent of enrolled seniors have expressed In fact, public opinion polls back up the same mistake. their satisfaction with the program. Secretary Leavitt’s comments. A study Mr. President, I ask unanimous con- Competition in the prescription drug by the Tarrance Group found that only sent that the article be printed in its 28 percent of seniors believe that the benefit has forced down costs far below entirety in the RECORD at the conclu- what was anticipated. In 2007, the aver- Government would do a better job in sion of my comments. age premium for the benefit was $22 a setting drug prices than a competitive The PRESIDING OFFICER (Mr. month, 40 percent less than projected marketplace. MENENDEZ). Without objection, it is so at the outset. The Washington Post agrees. It has ordered. The Congressional Budget Office’s written, on January 14: (See exhibit 1.) new budget estimate for the next 10 Governments are notoriously bad at set- Mr. CORNYN. Mr. President, I also years shows that net Medicare costs for ting prices, and the U.S. Government is no- want to stress the last sentence that I the prescription drug benefit will be toriously bad at setting prices in the medical read one more time, where he says: It more than 30 percent, or $256 billion, realm. is a great system, if you need an anti- lower than originally forecast. Not As policymakers, it is also our job to biotic. But if you are hoping to avoid only are the costs for this prescription ask: What are the potential con- open heart surgery through access to a drug benefit lower than expected, but sequences of this new legislation that miracle drug, it can be a nightmare. for 2007 more drugs are also being cov- is pending before us? Quite simply, the We don’t need to go down this path. ered by participating plans than last consequences are dire. Since Govern- We don’t have to change course. Right year. The average plan now covers 4,300 ment will decide which drugs seniors now, under Medicare Part D, market drugs in its formulary versus 3,800 last have access to, seniors will be left with forces and competition have created a year, a 13-percent increase. fewer choices. wildly popular benefit that uses mar- The basic point is this: We passed a In terms of analyzing the con- ket competition to provide critical prescription drug benefit that uses sequences of this alternative plan, it is medications to seniors at costs much market competition to provide critical helpful to look at examples in other lower than projected a few short years medications to seniors at a cost much countries that have tried what Demo- ago. lower than originally projected. The re- crats are now advocating in this model. I have spent a few moments describ- sults so far demonstrate a familiar We don’t have to guess about what the ing my concern with the Democrats’

VerDate Aug 31 2005 04:03 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A17AP6.012 S17APPT1 jcorcoran on PROD1PC62 with SENATE S4582 CONGRESSIONAL RECORD — SENATE April 17, 2007 plan to ‘‘so-called’’ negotiate prices. I negotiation but who should negotiate. cies that favor certain drugs over others. Un- would say to ration drugs is a more ac- The proponents of this legislation be- fortunately, the most innovative products curate description. But by far my big- lieve it should be the Government, and often aren’t considered reimbursable by the gest concern about this bill is, of I couldn’t disagree more. The pro- government precisely because they are the most expensive. course, another example of their pref- ponents of this legislation believe the It’s a great system if you just need an anti- erence for Government control in Government is more skilled in making biotic. But if you’re hoping to avoid open- health care rather than market-driven, pricing decisions than the free market, heart surgery through access to a miracle patient-centered approaches favored by and I have to say, I think that is drug, it can be a nightmare. And Italians are those of us on this side of the aisle. wrong. lacking more than just choice in cutting- I would urge my colleagues to call We have been presented in this legis- edge drugs. They also lack information. Ac- this debate what it is: It is not so much lation with a remarkably clear choice: cording to a recent survey, more than 50 per- about noninterference clauses in Medi- If you believe the way to improve our cent of Italy’s patients believe that the national health service cannot even supply ade- care prescription drug laws. There is a broken health care system is to em- quate information about treatments and much more importantly and poten- brace a market-driven approach that drugs. tially consequential debate about lowers costs and does not reduce The economy is also harmed. Because it’s whom Americans want to be making choices for seniors, then you will vote simply not profitable for companies to in- decisions in our health care system. Do to continue the prescription drug pro- vent cures in Italy, price controls have deci- they want it to be the Government or gram that we passed a few short years mated Italy’s pharmaceutical industry. do they want it to be patients them- ago. If you believe, as the advocates of Today not one of the world’s 50 largest drug selves and their doctors? this legislation do, that Government manufacturers has its headquarters in Italy, even though the country is the world’s sev- I recently read a quote from a physi- bureaucrats are better suited than the enth-largest economy. Because most drug cian in Switzerland that I found par- free market to make pricing decisions and biotechnology companies are outside ticularly poignant. He reminds us that: for thousands of prescription drugs, Italy’s borders, there are only 84,000 pharma- We all have a single-payer health care sys- then you will want to vote for this leg- ceutical workers in Italy’s entire drug indus- tem. Citizens always wind up paying for islation. try. The industry has become a perfect tar- health care, either through taxes, insurance I will vote for the current market- get for Italy’s politicians, because they can premiums, or out-of-pocket costs. The real driven approach that provides choices rail against it with little political downside. question is whether they will have a single- for seniors and puts patients and doc- The more we follow this path, the less likely decider system. In many European countries, tors in control rather than the Govern- it is for Italian companies to develop valu- there are single-decider systems in which able innovations—at great risk for both our governments and their agents control what ment, and I urge my colleagues to join economy and our health. medical services its citizens will or will not me. So by attempting to hold down drug prices, receive. EXHIBIT 1 the Italian government has deprived its citi- Of course, we know all too well how [From the Washington Post, Nov. 12, 2006] zens of the best care without reducing close we are in this country to having DRUG PRICE PATH TO AVOID health-care spending. And it has deprived the (By Alberto Mingardi) country of what could be a vibrant sector of a single-payer health care system. the economy. In their rush to revamp medi- Roughly, 50 cents of every health care The next speaker of the House, Rep. Nancy care, U.S. Policy leaders should be careful dollar we spend in the United States is Pelosi (D-Calif.), has let it be known that not to make the same mistake. spent directly by the U.S. Government. within her first 100 hours on the job, she will move to allow the government to negotiate Mr. CORNYN. Mr. President, I yield The health care economy is approxi- directly with pharmaceutical companies to the floor. mately $2 trillion annually, or one- obtain lower drug prices for Medicare pa- Mr. HATCH. Mr. President, I rise to sixth of the entire U.S. economy. I be- tients. express my deep concerns about S. 3, lieve we have to reform our health care Her plan would create a Medicare drug pro- the Medicare Fair Prescription Drug system, emphasizing individual choice gram that looks a lot like the system we Price Act of 2007. and trusting patients and their fami- have in my country, Italy, where drug prices are among the lowest in Europe. And that’s Back in 2003, I helped draft the Medi- lies and their doctors to make the care Modernization Act. I was one of right choices—not lawyers or, yes, even pretty low, considering that drugs in Europe average about 60 percent less than in the the Senate’s chief negotiators for the bureaucrats in Washington, DC,—to United States. Even as U.S. prices rose, House-Senate conference on this legis- make the important health care and Italian drug prices decreased by 5 percent lation. We wrote legislation that was treatment decisions. last year. approved by both Chambers of Congress So make no mistake about it, this At first glance, this might seem an envi- and signed into law by the President in bill is about a much larger issue than able model for America to follow. But before Pelosi rushes down the road to Italian-style December 2005. And by enacting this the title of the legislation itself would legislation, Medicare beneficiaries are suggest. We are not debating some health care, allow me to offer a word of caution. Italy is hardly a health-care paradise. now offered a quality prescription drug sterile provision called a noninter- In fact, it’s more like a quagmire of red tape. benefit at an affordable price. It is a ference clause. We are debating some- For the most part. Italy’s lower drug prices successful program by any measure. thing far more significant. are the product of government price con- I want to take a few minutes to talk The Washington Post believes this trols. The state purchases nearly 60 percent about the Medicare Modernization Act debate is about something much larger of the nation’s prescription drugs. And it of 2003 and what a difference it has supposedly negotiates prices directly with than the noninterference clause as made in the lives of Medicare bene- well, and they have written: pharmaceutical companies. But since the Italian government controls such a dis- ficiaries. The Democrats’ stance is troubling be- proportionate share of the market, it in ef- Today, there are 38 million Medicare cause it suggests an excessively govern- fect dictates drug prices. In Italy, these price beneficiaries and over 90 percent par- mental-led view of health care reform. The controls have created a number of problems. ticipate in the Medicare Part D pro- better approach is to let each insurer offer First, they distort the laws of supply and its own version of the right balance, see gram. Eighty percent of Medicare Part demand. Because of the country’s artificially D beneficiaries are happy with their whether it attracts customers, and then low drug prices, demand for pharmaceuticals adapt flexibly. is artificially high—higher than it would be Medicare prescription drug plan. And In my State, the Dallas Morning under free-market conditions. The point is they are happy with their plans, be- News has written: that the Government’s attempt to force cause they have a choice in coverage— When congressional Democrats press for down drug prices has not reduced overall beneficiaries are able to get a plan that this change next year, remember they’re health-care spending. Rather, it has resulted meets their needs. We don’t have a one- pushing for much more than lower prices. in a spike in demand—which is one reason size-fits-all program attempting to They’re seeking to move the line where gov- why Italy’s health-care spending has sky- stretch over 38 million people. The cost ernment should stop and the marketplace rocketed, growing nearly 68 percent between savings have been profound for both should start. 1995 and 2003. As for the quality of Italy’s care, that, too, beneficiaries and for taxpayers. I do agree with the Democrats that is suffering. With demand for drugs rising, When the Medicare Part D plan first this debate is about negotiation, but the Italian government has attempted to began in January 2006, we thought that the real question is not should we have save money by adopting reimbursement poli- the average premium would be around

VerDate Aug 31 2005 04:03 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G17AP6.070 S17APPT1 jcorcoran on PROD1PC62 with SENATE April 17, 2007 CONGRESSIONAL RECORD — SENATE S4583 $37 per month. Because of plan com- sumer choice and private-sector competition hundreds of new employees. Legions of petition, the average premium is $22 a determine prices—or should government? lobbyists would follow, each seeking month. That has reflected for tax- The success of the Medicare prescription higher Medicare payments for the drug drug benefit provides strong evidence that payers over $113 billion of savings over competition among private drug plans has companies they represent. As a Post what Congress had originally esti- contributed significantly to lowering costs. editorial noted in November, ‘‘having mated. And the other good news is that The average monthly premium has dropped the government set drug prices is a if a beneficiary hits the doughnut by 42 percent, from an estimated $38 to $22— sure way of flooding the political sys- hole—the point where the beneficiary and there is a plan available for less than $20 tem with yet more pharmaceutical lob- has to pay out of pocket for his or her a month in every state. The net Medicare byists and campaign spending.’’ prescriptions—there are now plans in cost of the drug program has fallen by close There is a proper role for government to $200 billion since its passage in 2003. in setting standards and monitoring every State that will provide coverage Seniors and people with disabilities like through the doughnut hole period. the benefit. Studies consistently show that those who provide the benefit. We As we all know, back in January, the three-quarters of Medicare beneficiaries are should ensure that beneficiaries have House of Representatives passed legis- satisfied with their coverage. Individuals access to medically necessary treat- lation that would require the prices of like being able to choose the plan that best ments. But government should not be prescription drugs received under the fits their needs. A single, one-size-fits-all in the business of setting drug prices or Medicare Part D program to be nego- drug plan would have made the choice easier, controlling access to drugs. That is a tiated by the Secretary of Health and and Congress did create a standard plan. But first step toward the type of govern- Human Services. Late last week, the fewer than 15 percent of enrollees have se- ment-run health care that the Amer- lected that standard plan—opting instead for Senate Finance Committee also ap- plans with lower premiums, no deductibles ican people have always rejected. proved S. 3, the Medicare Fair Pre- and enhanced coverage. There are many ways the administra- scription Drug Price Act of 2007. While Despite the success of the benefit, some tion and Congress can work together to this legislation does not mandate that people believe government can do a better make health care more affordable and the Secretary negotiate drug prices for job of lowering prices than a competitive accessible. But undermining the Medi- the Medicare Part D benefit, it gives marketplace. Legislation under consider- care prescription drug benefit, which the Secretary the discretion to do so. ation would require the secretary of health has improved the lives and health of and human services to negotiate and set the millions of seniors and people with dis- Any way you look at it, Congress re- prices of drugs. In effect, one government of- quiring the Secretary to negotiate pre- ficial would set more than 4,400 prices for dif- abilities, is not one of them. scription drug prices would lead to a ferent drugs, making decisions that would be Secretary Leavitt is correct—pro- one-size-fits-all drug plan which would better made by millions of individual con- viding flexible prescription drug plans result in fewer choices. Beneficiaries sumers. to beneficiaries should be one of our would have less satisfaction with a There is also the danger that government top goals. Getting Medicare bene- one-size-fits-all plan. And, in my opin- price setting would limit drug choices. Medi- ficiaries the best price possible for care provides access to the broadest array of their prescription drugs should be one ion, drug prices will not be lower. prescription drugs, including the newest In addition, beneficiaries would have drugs. But price negotiation inevitably re- of our top goals. And offering Medicare fewer choices. When you negotiate drug sults in the withholding of access to some beneficiaries high quality prescription prices, there is really only one way to drugs to get manufacturers to lower prices. drug plans should be one of our top do it. You limit the choices available. The Department of Veterans Affairs, often goals. In my reading of this legislation, You say I am going to take your medi- cited as an example of how government can passage will result in none of these cation off your drug plan or I am only negotiate prices, operates an excellent pro- goals being achieved and, in fact could going to pay X amount for a drug, a gram for veterans, but the VA formulary ex- result in the Medicare prescription cludes a number of new drugs covered by the drug benefit becoming a national for- price so low that perhaps the manufac- Medicare prescription benefit. Even Lipitor, turer cannot participate. If the Govern- the world’s best-selling drug, isn’t on the VA mulary which could result in higher ment starts doing that, suddenly you formulary. That may be one reason more prices for drugs and limited choices for have the Government making choices than a million veterans are also getting drug Medicare beneficiaries. about who can get what drug as op- coverage through Medicare. When we were drafting this bill, we posed to beneficiaries and their doctors Some observers point to the massive buy- took great care to provide protections making those decisions. ing power of the federal government as the to Medicare beneficiaries who decided Currently there are over 4,400 drugs means to exert clout over drug companies, to participate in the Medicare Pre- but the federal government has nowhere near scription Drug Plan. We wanted to pro- available on Medicare Part D plans. the market power of the private sector. Pri- Beneficiaries may choose a plan that vate-sector insurance plans and pharmacy vide beneficiaries with a drug benefit meets their needs. That is exactly why benefit managers, who negotiate prices be- that would not cost them an arm and a 80 percent of Medicare Part D bene- tween drug companies and pharmacies, cover leg, and that would allow access to a ficiaries are happy. And for those who about 241 million people, or 80 percent of the wide range of prescription drug aren’t, the good news is we can help population. Medicare could cover at most 43 choices. find a plan that serves them better. If million. In order to preserve those choices, we had one plan, one formulary, then The independent Congressional Budg- the Medicare Modernization Act pro- we would have a lot more unhappy peo- et Office has said that government hibits the Secretary from establishing ple. price negotiation would have a ‘‘neg- a formulary. If the Secretary cannot And how does the Secretary of ligible effect on federal spending.’’ And lower prices without a formulary and if Health and Human Services feel about previous experience with Congress and it is prohibited by law for the Sec- this new responsibility? I would like to Medicare regulating drug prices has retary to establish a formulary then I take a minute to read an editorial that not been reassuring. Medicare Part B, ask you—what is the purpose of this appeared in the Washington Post on which covers physician services, out- bill? January 11, 2007. This editorial was patient hospital care and other serv- I believe that, should this bill be- written by Secretary Mike Leavitt, not ices, sets the prices for some medi- come law, it will be no time before its only a good friend of mine but a very cines—notably a number of cancer supporters decide that now they want thoughtful, knowledgeable, and open- drugs. It has a history of reimbursing the Secretary to establish a formulary. minded Secretary of HHS as far as at rates substantially greater than pre- I think this bill is a Trojan horse with health care policy is concerned. ‘‘Medi- vailing prices. In 2005, Part B drug a Medicare formulary hidden inside. care And the Market Government spending increased by almost 20 per- Mr. President, I urge my colleagues Shouldn’t Be Negotiating Prescription cent. to think carefully about this issue. I Prices,’’ by Mike Leavitt, Thursday, If the Federal Government begins urge them to talk to their Medicare January 11, 2007; Page A25: picking drugs and setting prices for all beneficiaries in their states and ask We all want people with Medicare to get Medicare beneficiaries, administrative them whether or not they are happy the prescription drugs they need at the low- costs would add a new burden to tax- with their prescription drug plans. I be- est possible prices. The issue before Congress payers. The Department of Health and lieve that they will find that almost this week is how best to do that. Should con- Human Services would have to hire everyone is happy with their current

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And once you factor in on businesses, killing industry and Americans have April 17 circled on taxes, housing, clothing, medical care, choking initiative. their calendars, and not with a smiley and college savings, those paychecks Conservatives are fond of saying that face. do not go that far. ideas have consequences. They cer- This year, roughly 135 million Ameri- The middle class is already paying tainly do. There are important dif- cans sat down to complete their tax re- out much more in taxes than is spent ferences between the parties. In their turns. Many have made the unfortu- by the Government on its behalf. guts, Democrats distrust markets, be- nate discovery that they owe addi- According to the Tax Foundation, an lieve that more Government interven- tional money to the IRS. individual making over $65,000 a year tion and Government programs are the Others are shocked to learn that they pays $7,217 more in taxes every year answer, and are willing to hike taxes to owe something called the alternative than is spent for him or her. achieve their goals. minimum tax. But for some Members of this body, Those of us on this side of the aisle I would like to emphasize one point our system is still not progressive believe in personal responsibility, low today, a point that many of my con- enough. taxes, and encouraging the freedom, stituents have learned the hard way: I know that there are some policy entrepreneurialism, and dynamism of their tax burden is already too high. wonks and political strategists who the American people. Ideas have consequences. One leads For middle-class Americans, tax day think the days of tax revolt are over. to economic prosperity; the other leads has become an aggravation at best, and Apparently we are at some to national stagnation. I want my con- an outrage at worst. postpartisan, end of history, where stituents to know that on these de- Many Utahns, as well as distraught Americans just accept big government bates to come, I stand with the tax- taxpayers throughout the Nation, and big bites out of their paychecks. payers. We need to be encouraging in- know the look of tax overload. They I for one am not buying it. dustry. We need to be growing our see it when they look in the mirror, It seems some things never change in economy. We need to be lowering and and they see it when they look at their this country. One of those things is the commit- simplifying our tax burden. spouse. Today’s Democratic majority prom- There is the kitchen table. A late ment of Americans to their rights of life, liberty, and property. ised real change. Instead, we are get- night. Some scattered papers and re- ting the same tired song. They are not ceipts. An elbow on the table. And a Americans remain very jealous of their liberties, and rightly so. Chief taking our Nation’s fiscal woes seri- hand on the forehead in disbelief. This ously. They are hoping Americans will is the look of overtaxed Americans. It among our liberties is the freedom to use the money you earn through your not object when their taxes are hiked is the look of misery and confusion. It to pay for our coming entitlement does not need to be this way. hard work and initiative, to build your business, buy a home, and take care of train wreck. There are economic burdens as well, They should think twice before going your family. and that burden is only going to grow down this road. Middle-class Ameri- Working hard to fund some new Gov- if the Democrats get their way. cans, such as my constituents in Utah, ernment bureaucracy is not at the top Many of us pay too much in taxes al- are trying to get their taxes done by of the list. If taxes go up significantly, ready. But the policies of the congres- midnight tonight. They want their tax the party responsible is going to be in sional majority are a blueprint for even burden lowered, and so do I. There are for a rude awakening. They are going higher taxes. Neither our citizens nor lots of promises made by our friends on to be reminded, with grave electoral our economy can bear much more. the other side to get rid of the AMT. consequences, that the Government Middle-class Americans are over- They have had at least three chances can take only so much. taxed. to vote to get rid of the AMT for the Along with many of my colleagues on According to the Tax Foundation, vast majority in the middle class and this side of the aisle, I think our tax this year Americans will work 120 days they have refused do so. burden is still too high. Many Ameri- to pay their total tax burden. If left unchecked, the AMT is going cans still pay too much. The estate tax Let’s put this in perspective. They to, within the next 10 years, be assessed still destroys family businesses. Too will work 62 days to pay for their house on over 35 million Americans. Remem- many startup businesses are killed off and home. They will work 52 days for ber, it started out because there were by taxes before they have begun. We health and medical care. They will about 159 people who did not pay their need to be providing tax incentives so work 30 days for food. But they will taxes, people who were immensely rich. people can responsibly save for their work 120 days to pay their taxes. Now we are talking up to 25 million retirement and health care. We need to If you told my parents’ generation Americans as we stand here today, and be coming up with innovative tax poli- that their tax burden would be that up to 35 million Americans within the cies and entitlement reforms. high, they would have thought we lost next ten years. I am calling on my col- Instead, the Democrats are keeping a war to France. leagues on the other side to live up to mum as Medicare and Social Security But the Democrats are not satisfied. their campaign promises and let us get take on water, keeping to themselves They want the so-called rich to pay rid of AMT. It is very unfair to the their foolproof plan to bail us out: more of their so-called fair share. middle class, and frankly, for most Raise taxes. Let me translate. By ‘‘rich’’ they Americans. mean anyone with a job. The combined unfunded liability for I promise to do all I can to see we do And by ‘‘fair share,’’ they mean Social Security and Medicare is $84 that. empty your wallet. trillion. That is ‘‘trillion’’ dollars. I yield the floor. According to recent data from the Where is that money coming from? The PRESIDING OFFICER. The Sen- IRS, persons making more than $30,122, They are having a hard time coming up ator from Georgia is recognized. or the top 50 percent of all income with money today for a $50 billion 1- Mr. CHAMBLISS. Mr. President, I earners, paid 97 percent of all income year fix for the AMT, the alternative ask unanimous consent to speak as if taxes in 2004, the latest year there were minimum tax. Where are they going to in morning business. data available. get $84 trillion? The PRESIDING OFFICER. Without Those who made more than $60,041 in Do not worry, they tell us; they are objection, it is so ordered. 2004, the top 25 percent, paid 85 percent going to fix Social Security and Medi- Mr. CHAMBLISS. Mr. President, I of all income taxes. care. But fixing it their way will break rise today to oppose S. 372, the fiscal These people are not rich. the backs of middle-class taxpayers. year 2007 Intelligence authorization As one of my Democratic colleagues Mark my words, they will raise taxes bill, in its current form. I believe, with- noted earlier this year, a mother and a on the middle class, taking away or out amendment, this legislation will

VerDate Aug 31 2005 01:20 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G17AP6.073 S17APPT1 jcorcoran on PROD1PC62 with SENATE April 17, 2007 CONGRESSIONAL RECORD — SENATE S4585 deteriorate the existing working rela- know. As a member of the Intelligence Code, and would replace it with a sim- tionship and trust the intelligence Committee, I recognize there are some pler, fairer means of collecting rev- community has with Congress. highly sensitive matters I do not have enue. Specifically, the Fair Tax Act I voted against this legislation in a need to know, and I support having would repeal the individual income both the Intelligence Committee and limited notification when absolutely tax, the corporate income tax, capital the Armed Services Committee because necessary to protect the information. gains tax, all payroll taxes, self-em- I believed significant alterations need- Frequently the Congressional leader- ployment tax, and the estate and gift ed to be made before I could offer my ship will be informed of tightly con- taxes in lieu of a 23-percent tax on the support. As a member of the Intel- trolled classified operations in which final sale of all goods and services. ligence Committee, I am fully cog- limiting knowledge of them is appro- Elimination of these inefficient tax- nizant of the importance of passing an priate. Many of us do not have a need ing mechanisms would bring about authorization bill to guide our intel- to know about various sensitive oper- equality and simplicity to our overly ligence community as well as to advise ations which, if leaked, could result in complex tax system. Moreover, the the Senate appropriations process. lives being lost as well as the termi- Fair Tax Act would abrogate any dou- Passing an authorization bill reasserts nation of Congressional access to infor- ble taxation that occurs under our cur- much needed Congressional oversight mation. rent tax system because it would proof the intelligence community, and it Additionally, I have confidence in the vide tax relief for business-to-business ensures that the Senate is relevant on chairman and vice chairman of the In- transactions. These transactions, in- national security issues that are criti- telligence Committee. I count on the cluding used-product transactions that cally important. leaders of the committee to be respon- have already been taxed, are not sub- At this time, I question whether the sible for determining when additional ject to the sales tax. Senate is serious about the need to ex- access to information is warranted and More importantly, under the Fair amine all possible improvements to the for requesting that additional members Tax Act, the Federal Government’s bill or is willing to devote the time be briefed as necessary. Section 304 revenue would go unchanged. Social necessary to discuss and debate all seeks to abandon these practices which Security and Medicare benefits would amendments. Given the natural and have been refined over three decades of remain untouched under the Fair Tax conflicting interests involved, it is pru- aggressive Congressional oversight. bill, and there would be no financial re- dent that Congress act carefully and Next, section 107 requires the public ductions to either one of these vital work with the executive branch to en- disclosure of the National Intelligence programs. Instead, the source of the sure that its needs are met, rather than Program budget requests and Congres- trust fund revenue for these two pro- hastily making demands through legis- sional authorizations and appropria- grams would be replaced simply by lation that many provisions of this bill tions for the intelligence community. consumption tax revenue instead of attempt to do. This will only create Disclosing these figures to the public payroll tax revenue. further friction between the two also discloses them to our enemies who Finally, under the Fair Tax Act, branches. I believe there are other will be watching for fluctuations in every American would receive a ways to ensure effective oversight. these figures, which may damage intel- monthly rebate check equal to spend- Some sections of this bill, particu- ligence sources and methods over time. ing, up to the Federal poverty level ac- Additionally, declassifying the over- larly sections 304 and 107, are problem- cording to the Department of Health all budget for the intelligence commu- atic to me, and I believe they will not and Human Services guidelines. This nity may lead others to demand that further meaningful Congressional over- rebate would ensure that no American each agency declassify their budget. No sight. Therefore, I have offered amend- pays taxes on the purchase of neces- doubt this would have grave effects on ments to strike these sections and urge sities. This is a critical component. my colleagues to support my amend- the capabilities of our intelligence INVEST IN AMERICA ACT ments. agencies. For those reasons I oppose S. Let me detail my concerns with these 372 in its current form and the man- Mr. President, I also rise today as an two sections. First, section 304 requires agers’ amendment to it. I urge my col- original cosponsor of the Invest in the intelligence community to notify leagues to support my amendments to America Act. While I firmly believe all of the members of the Senate and strengthen this bill. significant overhaul of the Tax Code is House Intelligence Committees when- FAIR TAX ACT the best way to achieve absolute fair- ever the House and Senate leadership Mr. President, today is the deadline ness and transparency in our tax sys- and committee leaders are briefed on for all taxes to be filed. As many mil- tem, until we actually get to that highly sensitive intelligence or covert lions of Americans rush to file their point, we simply cannot allow the cur- actions. It requires that the notifica- taxes, I rise to bring attention to our rent rate reductions and other provi- tion include a statement of the reasons horribly broken, overly complex, and sions of the 2001–2003 tax relief pack- why only the leadership was informed, unfair American tax system. I have and ages to expire, which is what the as well as a description of the main fea- will continue to support significant re- Democrats have proposed in their tures of the matter. form of the Tax Code in this country, budget for the 2008 fiscal year. This There is a history of compromise and as I have consistently done during my would be a drastic blow to the economy cooperation between the executive and service in Congress. and a misguided step in the wrong di- legislative branches regarding the Accordingly, I have recently intro- rection. The Invest in America Act sharing of sensitive intelligence with duced the Fair Tax Act of 2007 on be- would make the individual tax rates Congress. The President has the duty half of myself, my colleague from permanent. The lower rates have been to protect intelligence sources and Georgia, Senator ISAKSON, Senator essential to our continued economic methods. One such way is to limit the COBURN, and Senator CORNYN, because growth over the past several years, and number of people who are privy to the we are in desperate need of tax reform. have encouraged Americans to work information. Congress recognized this Imagine the economic freedom and harder, be more productive, and retain duty in the National Security Act, purchasing power provided by a tax more of their hard-earned money. which states that information be system that would allow us to retain Additionally, this bill corrects cur- shared: 100 percent of our earnings while main- rent wrongs in our tax codes, such as with due regard for the protection from un- taining the benefits of Government- the death tax and the AMT. It would authorized disclosure of classified informa- sponsored programs, and allowing them make the repeal of the death tax per- tion relating to sensitive intelligence to flourish. Such would be the case manent, and would save more than sources or methods or other exceptionally under the system proposed in the Fair 130,000 families each year from con- sensitive matters. Tax Act. fronting a loss of the family farms, The reporting requirement in section The Fair Tax Act would create a na- ranches, or family-owned businesses. It 304 may disclose the very sensitive in- tional sales tax as the primary source would permanently repeal the AMT formation the President has deter- of Federal revenue, would eliminate which, while designed to ensure every mined only the leadership has a need to our current archaic and inefficient Tax American pays some minimum tax, is

VerDate Aug 31 2005 01:20 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G17AP6.074 S17APPT1 jcorcoran on PROD1PC62 with SENATE S4586 CONGRESSIONAL RECORD — SENATE April 17, 2007 in fact now hitting more and more mid- can’t fully describe the grief we all feel ward. The excuses, a fourth grade stu- dle-income families, and this it was not as the weight of this tragedy settles dent could see through, maybe a second designed to do. over our Nation. My prayer is that grade student. Most significant to the growth of our through faith and resolve, our country They say: Democrats wouldn’t allow economy, this bill would also make the will emerge from this disaster in unity us to offer amendments. That is abso- current reduced capital gains and divi- and strength as together we find heal- lutely false, untrue. From the very be- dend rates permanent. Since the reducing. While I know that we are still ginning, when they refused to let us tion of these investment rates in 2003, learning the facts surrounding these proceed to the bill initially and we had it has become easier for new busi- despicable acts, it is my hope that we to file cloture, cloture was invoked be- nesses, and existing ones, to attract can all work together and renew our cause it gave them 30 hours to stall the capital they need to start, succeed, commitment to ensure that our com- doing nothing. I said that during that and expand. munities and schools are safe from 30-hour period amendments could be of- Moreover, with greater than half of similar future events. fered. Not a single amendment was all Americans owning stock, middle- I join my colleagues in the Senate proffered. class families, seniors, and other Amer- who have spoken so eloquently on this So then we come to cloture on the icans are greatly benefitting from matter and our entire Nation in bill itself. Even the vice chairman of these lower rates, including the 5-per- mourning the 32 lives lost yesterday, the committee did not vote to go for- cent rate, which drops to zero percent and I pray for the strength of our coun- ward with this legislation. Again, I in 2008. try during this time of grief and sor- said: OK, cloture wasn’t invoked. Let’s The proposals in this bill would also row. go ahead and offer some amendments. help American families by making per- Mr. CRAIG. Mr. President, news of They did. Guess what the first amend- manent the increased child tax credit, yesterday’s tragic killings at Virginia ment was to show how serious they are the marriage penalty relief, the adop- Tech reached me piecemeal as I was about the intelligence operations of tion tax credit, the tuition deduction, traveling back to Washington. this country. An amendment was of- and the teacher deduction. These provi- We are still far from final answers fered by a Republican 34 pages long sions, along with other proposals in the and explanations. Even today, facts are dealing with immigration which shows Invest in America Act, make perma- still being confirmed, evidence is still how they want to solve the immigra- nent the R&D tax credit and the in- being collected, and the impact of the tion problems of this country and the creased small business expensing rates, tragedy is still reverberating. intelligence problems. This is no place enabling both the taxpayer and the Last night, the Senate formally re- for immigration. We are going to de- American economy to grow. acted to these terrible events through bate immigration the last 2 weeks of Most importantly, the Invest in a resolution of sympathy. this work period. America Act sets forth a tax system I rise today to personally express my It is beyond my ability to com- that would gave back to those who in- sorrow and condolences to the family prehend how Senators on this side of vest in the strengthening of the Amer- and friends of the victims, to the sur- the aisle, looking over there, could ican economy. We need to overhaul our vivors, and to the Virginia Tech com- vote this way, people whom I have al- tax system, impose fairness, and imple- munity at large. The magnitude of this ways believed to be patriots. Why ment policies that encourage economic tragedy is unimaginable. You are in would they not vote on this? I will tell growth rather than stifle it. That is my thoughts and prayers, and I hope you why they didn’t. Vice President what Georgians want and deserve, and you know that the hearts of millions of CHENEY wants to be the czar of intel- that is what Americans want and de- Americans go out to you in your time ligence of this country, as he has been serve. of grief. for 6 years. He can rest well tonight be- VIRGINIA TECH TRAGEDY As we come to understand more cause he is going to be able to con- I rise today with a very heavy heart about the events that unfolded so trag- tinue, without this bill setting certain to extend my condolences to the fami- ically yesterday, there will be plenty of standards for interrogation with our lies who lost loved ones as a result of time for us to argue about policy and intelligence agencies and other things yesterday’s tragic shootings on the politics and how to distribute blame. that on a bipartisan basis were said to Virginia Tech campus. One of those Today we should be mourning the loss be important to improve the intel- victims includes a young man, 22-year- of these lives, and doing what we can ligence apparatus of our country. old Ryan Clark of Martinez, GA, who to help the wounded and comfort the The amendments offered this after- served as a resident adviser at West bereaved. noon were not in good faith. A 34-page Ambler Johnston dormitory where the I yield the floor. immigration amendment on an Intel- first shooting occurred. Ryan was set The PRESIDING OFFICER. The ma- ligence authorization bill? They were to graduate this spring with a degree in jority leader is recognized. nothing more than an effort to make biology and English, and he hoped to Mr. REID. Mr. President, I don’t need the White House happy. It is no secret. pursue a Ph.D., a pretty amazing young to remind my colleagues that our coun- Senators have told Senators on this man from an academic standpoint. In try is at war. We face tremendous chal- side that is why they voted against clo- his spare time, he also helped out the lenges in keeping America safe. On the ture: they were told to do so by the disadvantaged children in the area, as other side of the aisle, in the last cou- White House. well as disabled children. On this par- ple of days we have heard some talk Maybe my friends on the other side ticular day, he came to the rescue of about the Intelligence authorization of the aisle think it is not important, the first victim and, as a result, be- bill which the Republican majority that they can pull this one off and get came a victim himself. failed to pass in 2 separate years, the away with it. We have a war on terror I wish to convey my extreme sorrow first time in 27 years this bill has not going on, and we have intelligence to his family as they try to grasp the been passed, but it wasn’t passed the agencies—16 in number—that are work- reality and gain a better understanding last 2 years. ing every day trying to keep ahead of of what has happened. While he was This year I thought it would be good the bad guys. The bipartisan bill that still in his very young years, it is clear if we passed an Intelligence authoriza- has been before the Senate for the last that he had already impacted so many tion bill. We have 16 agencies that deal several days was drafted based upon lives and in so many different ways. with the espionage, the security, the what the intelligence agencies thought While I know that words may be of lit- intelligence of our Nation. A bipartisan they needed to improve their ability to tle comfort at this time, the Clark bill came out of the Intelligence Com- collect information. I don’t think it is family and all of the families involved mittee, the committee agreeing that going to work. The credibility of the and the Virginia Tech community will something should be done. But it gets Vice President is not very high in this remain in my prayers as we try to find over here and word comes from the country. For reasons like this, it is ap- peace in the coming days. White House: Don’t let that bill go. parent why that is. It is difficult to fathom how some- Like lemmings off a cliff, the Repub- The White House talks about the war thing like this could happen. Words licans do not allow this bill to go for- on terror; let’s work together to do

VerDate Aug 31 2005 01:20 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G17AP6.076 S17APPT1 jcorcoran on PROD1PC62 with SENATE April 17, 2007 CONGRESSIONAL RECORD — SENATE S4587 something about it. Step back a Nation’s veterans a discount of about who does not think the Government minute. Is it political posturing to 50 percent on average, the same kind of should use the bulk discount process of think that the intelligence agencies of thing that large insurance companies negotiating directly with the drug in- this country that should have legisla- will do. But under this Medicare law— dustry on behalf of 40 million Medicare tion that should be passed every year again, written by the drug companies, beneficiaries. Yet, they claim, in bold not be passed for 3 years? written by the insurance companies, print, in a full-page ad that costs tens I am very disappointed. I say this not pushed through because of the lobbying of thousands of dollars—not much for in a mean or argumentative way. I am force and the advertisements and all the drug industry, to be sure—that terribly disappointed. If the Presiding that the drug industry did and the in- ‘‘89% of Voters Oppose Government Ne- Officer, other Senators on this floor, if surance industry did—Medicare is pro- gotiation of Medicare Drug Prices.’’ I ever as the leader came to one of you hibited under law from negotiating If you read the small print, it says: and said: We are not going to let the bulk discounts on prescription drugs. Majorities of Democratic, Republican and intelligence bill go forward this year, I That is a prohibition only the drug in- Independent voters do not want the govern- think my caucus would tell me what to dustry and their friends in Congress— ment negotiating prescription drug prices do with my suggestion. But apparently and they number many—could love. under Medicare. In fact, 89 percent oppose the White House has more sway than When Medicare has to pay higher government negotiation if it could limit ac- the American people to this group prices for medicines, dollars are taken cess to new prescription medications. across the aisle. That is really too bad. from taxpayers’ pockets and placed di- Well, no kidding, if it limits access, The PRESIDING OFFICER. The Sen- rectly into the pockets of the multi- then they say they do not like it. But, ator from Ohio. national drug industry. For many of course, they do not. And, of course, because of high drug company prices, f years, I have taken bus trips with senior citizens to Canada, when I was in we are seeing limited access to pre- MORNING BUSINESS the House of Representatives, from my scription drugs. Mr. BROWN. I ask unanimous con- northern Ohio congressional district. How many times, I say to the Pre- sent that there now be a period of We drove up through Detroit to Wind- siding Officer, in New Jersey or in Ohio morning business with Senators per- sor to allow senior citizens to buy pre- or in Nevada or in Iowa do we hear sto- mitted to speak therein for up to 10 scription drugs at a discount of 50, 60, ries from our constituents who have minutes each. 70 percent because the Canadians have decided, because they cannot quite af- The PRESIDING OFFICER. Without a system where they negotiate drug ford the drugs, they are going to cut a objection, it is so ordered. prices directly with the manufacturer. pill in half so their prescription will f It is the same drugs, the same manu- last twice as long, or they are only facturer, the same packaging. The only going to take a tablet every other day, MEDICARE PRESCRIPTION DRUG even though they are prescribed to BENEFIT difference between the medicine sold here and the medicine sold in Canada is take it every day, so their prescription Mr. BROWN. Mr. President, Ameri- the price. lasts longer? How often do we have to cans as much as any people on Earth That is the same in country after hear that? have a sense of fair play. That is why I country after country. We pay two and That is the issue of access, that too believe 3 or 4 years ago, when the Medi- three and four times more for prescrip- many seniors, too many middle-class care law was passed literally in the tion drugs than people in any other Americans, too many low-income middle of the night in the House of country given the same drug, the same Americans simply cannot afford to pay Representatives, where the Presiding dosage, the same manufacturer. It is a for their prescription drugs because the Officer and I served at that time, by great deal for the drug industry and a price is so high because of the drug one vote—the rollcall vote was kept bum deal for consumers, especially for companies, with their billions of dol- open for 3 hours, arms were twisted, senior citizens and for taxpayers in our lars in advertising, with their hundreds calls from the President and pleas and country. of millions of dollars they spend on 600 all kinds of begging on the House floor, Medicare is the single largest pre- lobbyists in this institution. There are, and who knows what else—that is why scription drug consumer in the coun- at last count, over 600 people paid by people were angry with the way the try, and jacked-up prices jeopardize the drug industry to lobby this Con- Medicare law passed. They were also Medicare’s future. gress. There are only 535 of us here in angry especially because of the sense of The legislation we will consider to- Congress; 100 in the Senate, 435 in the betrayal they felt with the Medicare morrow ends the prohibition on price House. They have more than 600 lobby- law that clearly was written by the negotiations. It takes the handcuffs off ists to talk to us. These most recent drug companies and for the drug com- Medicare and enables Medicare to ne- ads are particularly offensive. panies and by the insurance companies gotiate price discounts—the kind of Allowing Medicare to negotiate lower and for the insurance companies. discounts Medicare should receive, priced medicines will not reduce access In fact, that Medicare law meant as given the huge volume of medicines it to medicines, it will increase access. If much as $200 billion in extra profits for purchases. we get lower priced drugs, more people the drug industry and meant as much Medicare is a system with more than who have these prescriptions will be as $70 or $80 billion in directed sub- 40 million Americans in that system. able to fully fill their prescriptions so, sidies for insurance companies to en- That kind of bulk discount buying will in fact, they will get access to drugs. tice—the word our friends used—entice save billions—tens of billions—of dol- That is why lower prices for Medicare those insurance companies to write lars for American taxpayers and for mean lower copayments for seniors, standalone Medicare prescription drug senior citizens. and that means increased access to coverage. The drug industry, however, has medicines. Americans know the score. Ameri- taken to the airwaves, as it always That is why AARP supports allowing cans understand much about this whole does, and gone to Nation’s newspapers price negotiations. That is why the Al- Medicare law. We all understand the to fight this legislation. In the Wash- liance for Retired Americans supports major employee groups typically in our ington Post today is an example of an allowing price negotiations. That is system negotiate bulk discounts on outrageous kind of ad the drug indus- why the Committee to Preserve Social prescription drugs. Americans also un- try has written: ‘‘89% of Voters Oppose Security and Medicare supports allow- derstand that the VA negotiates bulk Government Negotiation of Medicare ing price negotiations. discounts on prescription drugs. The Drug Prices.’’ That is what it says: ‘‘89 The drug industry, again, stooped VA, which ensures millions of our Na- percent of Voters Oppose Government pretty low with this misleading poll, tion’s veterans, will go to the drug in- Negotiation of Medicare Drug Prices.’’ and then with this very expensive— dustry, company by company, and ne- That does not even pass the straight- tens of thousands of dollars for this one gotiate on a drug formulary, negotiate face test. I hardly know anyone in ad in one newspaper in the country. I a price that gives the Government pay- Ohio—a Democrat, a Republican, an wonder if there is any line the drug in- ing for these prescription drugs for our independent—I hardly know anyone dustry would not cross when it comes

VerDate Aug 31 2005 01:20 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G17AP6.078 S17APPT1 jcorcoran on PROD1PC62 with SENATE S4588 CONGRESSIONAL RECORD — SENATE April 17, 2007 to preserving the sweetheart deal they graduated from Basic High School in and excellence in collaboration can be have in this country, where they have 1991 and the University of Nevada, Las found at the Army Medical Department far too many politicians in the Senate Vegas in 1996 with degrees in secondary Center and School, located at Fort and in the House, far too many of our education and sports medicine and cer- Sam Houston, which trains Army, Air colleagues, who simply, again, over and tification in athletic training. As a stu- Force, and VA nurses. over and over, do the drug companies’ dent teacher, Felix was selected as a This year, U.S. News and World Re- bidding. Distinguished Student Teacher of the port ranked the Army Medical Depart- Every other developed country in the Year Award. He began his teaching ca- ment Center and School second in the world, as I said earlier, gets better reer at Swainston Middle School in Nation for their anesthesia nursing priced prescription drugs than we do. 1997, and thereafter served as a Phys- program. They missed first place by Every other developed country in the ical Education Coach and Athletic just a tenth of one point, and have im- world gets better prices than we do. Trainer at Western High School and proved their score from 3.8 out of 5.0 in That is because these countries do not Health Teacher and Athletic Trainer at 2003, to 4.0 out of 5.0 in 2007. This nota- put up with the grossly inflated drug Desert Pines High School. ble achievement brings added credi- prices our Nation does. It is because Felix went above and beyond his job bility to their already prestigious pro- their drug company lobbyists or their responsibilities in order to provide stu- gram. drug company media campaigns simply dents with the opportunity to learn Since 2004, VA and DOD have may not be as effective in France and and succeed. He spent countless hours partnered to train VA nurse Canada and Germany and Israel and treating students who had limited ac- anaesthetists to work in the VA health Japan and Mexico, and all over the cess to health care. Oftentimes, he care system, the largest health care world, where drug prices are a half or a would arrive early to school in order to system in the country. The first class third or a fourth of what they are here. provide treatments, limited therapy, or of VA nurse anesthetists recently grad- We will put up with most anything, counseling to students who simply uated from the Army Medical Depart- it seems, if an industry has deep needed a listening ear. Felix had out- ment Center and School. Their gradua- enough pockets and an army of lobby- standing listening skills and frequently tion represents what I hope will be a ists. Prohibiting the Government from utilized his networking base to connect steady flow of highly qualified VA negotiating volume discounts on pre- students with the proper resources. As nurse anesthetists using their skills scription drugs simply makes no sense. one of his former students noted, ‘‘Not and knowledge to give veterans the The Government negotiates the price only did Mr. Rivera teach health, he high-quality health care they have of everything else it buys. also taught us about life and steps we earned through service. I realize that, with the private sector When the Architect of the Capitol needed to take in order to become suc- offering six-figure salaries for nurse buys carpeting for the Senate floor—as cessful.’’ A fellow teacher at Desert anesthetists, those who chose to work we look around at this very nice blue Pines High School described him as a within the military and VA do so not carpet here—they do not take the man- ‘‘role model for students who took for personal gain. They stay to respond ufacturer’s word that a fair price would great pride in every lesson that he to the higher calling of caring for serv- impair fiber research. We do not say taught.’’ A teacher and friend further icemembers and veterans in their commented on his congenial person- whatever the carpet makers want, we times of need, and are to be com- ality, ‘‘He was the kind of person who will pay because it costs a lot to do mended for their dedication and their had an innate ability to get right to this research to make these rugs beau- work. In that spirit, I say ‘e tiful and make this carpet last, when the point, an ear-to-ear smile that was ho’omaika’i ia’oukou, or congratula- so many feet walk over it. contagious and a well-known sense of tions, to the graduates, students, fac- When the Park Service buys ranger humor.’’ ulty, staff, and others who have worked It is clear that Felix was a dedicated uniforms, it does not take the first bid to make the Army Medical Department educator, a role model, and a mentor that comes in. It gets good quality at Center and School the success that it is who left a lasting impression on his the lowest price possible. today. But with drugs, the President and his students. On April 18, 2007, family, allies here in Congress—and we know friends, students, and colleagues will f how much money the drug industry honor his legacy by dedicating a mural RECOGNITION OF CANUTE gave to President Bush; and we know with the words ‘‘hard as steel with a DALMASSE the kinds of effective lobbying the drug heart of gold’’ in the training room at Mr. LEAHY. Mr. President, today I industry employs in the Senate—the Desert Pines High School, where he honor Canute Dalmasse of Stowe, VT, President and his allies here in Con- spent much of his time counseling stu- who is retiring after 36 years of dedi- gress say the Government must pay dents. I join in honoring Felix and ex- cated service to the State of Vermont, any price the drug industry wants to tend my deepest sympathies to his working to conserve, protect, and en- charge. family and friends, especially his wife hance our State’s natural resources. That policy is more than a mistake; and high school sweetheart, Alice His extraordinary contribution to the it is a joke on the American people. It ‘‘Cookie’’ Masterson and children, An- stewardship of Vermont’s natural envi- is a betrayal of our constituents. The thony and Felicia. He is deeply missed ronment calls for special recognition. drug companies are laughing all the and his service and dedication to the Canute retires as the deputy sec- way to the bank. students of Clark County will always retary of the Vermont Agency of Nat- We need to pass this legislation to- be greatly appreciated. ural Resources, overseeing fish, wild- morrow and let Medicare bargain for f life, forests, parks, recreation, and en- the prices that Medicare beneficiaries vironmental conservation programs ARMY MEDICAL DEPARTMENT deserve. and recently served with distinction as CENTER AND SCHOOL ACHIEVE- acting secretary. His career began in f MENTS 1971 as one of the first district coordi- REMEMBERING FELIX WILLIAM Mr. AKAKA. Mr. President, when I nators implementing Vermont’s land- RIVERA began my chairmanship of the Vet- mark Act 250 environmental law that Mr. REID. Mr. President, I rise today erans’ Affairs committee this January, uses a holistic approach looking at en- to honor the memory of a great Nevada I assured my colleagues that we would vironmental, visual, and social criteria educator and coach, Felix William Ri- renew our focus on the need for co- to assess potential development im- vera. Felix, a physical and health edu- operation and collaboration between pacts. A proven leader and innovator, cation teacher in the Clark County the Department of Defense and the De- he has served as director of the Office School District in Las Vegas, NV, was partment of Veterans Affairs. As we of Water Resources and commissioner involved in a fatal car accident on Feb- look at the way these two entities of the Department of Environmental ruary 8, 2007. work together, it is important that we Conservation. Felix proudly lived in the Las Vegas highlight the good work and progress Canute is an avid boater and angler metropolitan area all of his life. He being made. One example of progress on Lake Champlain and an unflinching

VerDate Aug 31 2005 01:20 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G17AP6.080 S17APPT1 jcorcoran on PROD1PC62 with SENATE April 17, 2007 CONGRESSIONAL RECORD — SENATE S4589 advocate for Vermont’s waters. He terest of the servicemember, often my capacity as a Member of Congress. serves on the Lake Champlain Basin without having full knowledge of the However, the Constitution is quite Program Steering Committee and as difference in benefits offered to Active clear about the separation of powers chair of its executive committee, Duty and veterans. Currently, the between the legislative and executive bringing the States of Vermont and TRICARE plan that is available to Ac- branches of our government, and the New York and the Province of Quebec tive Duty servicemembers permits executive branch has the exclusive au- together to work for a clean, healthy them to receive coverage for cognitive thority to conduct negotiations with lake. He also serves on the Lake therapy obtained in private non- foreign countries. Memphremagog Steering Committee, military facilities. However, medical As we all know, the Logan Act pro- working with the Province of Quebec retirees do not have this health care hibits American citizens from negoti- to protect and enhance that inter- coverage option. Consequently, se- ating with foreign governments with- national water. verely injured TBI patients struggle to out the authority of the United States. Canute received his bachelors degree obtain the critical care they des- What would it mean if a Member of the from Columbia University in New York perately need. House or Senate, and especially a City and served in the 101st Airborne Further, while many armed servicemember of the leadership, was to visit Division in the U.S. Army during the members have dedicated family mem- a foreign country and in discussions Vietnam War. He and his wife Diane bers and loved ones who fight to ensure with their government, explicitly have two sons, Layton and Canute. He that they receive the best care pos- speak out against our Nation’s foreign is a longtime resident of Stowe, VT, sible, not all servicemembers have fam- policy agenda? High ranking Members and is a past president of Stowe Youth ily to speak and act on their behalf. of Congress, I believe, are seen by for- Hockey and chair of the Stowe Recre- Thus, many are left without optimal eign governments as carrying an offi- ation Commission. treatment and without an advocate. cial message of foreign policy, and if Canute Dalmasse is a tribute to his The need to ensure that every TBI such members contradict the adminis- State, his community, and to pro- patient receives the best care possible tration, it can be very damaging to our tecting Vermont’s natural environ- cannot be understated. This is an im- country politically and diplomatically. ment. The great State of Vermont, mediate problem with an immediate Members of Congress have the ability with its celebrated natural beauty and solution. We have the ability to pro- to express their dissent from the floor well-deserved reputation for exemplary vide a crucial, temporary answer to our of their respective Chambers, but under environmental stewardship, honors armed services members while the VA no circumstances should Members visit Canute’s dedication, devotion, and hard develops the capability to facilitate with foreign governments for the sole work that helped set the course for care for this unique population. We can purpose of demonstrating their opposition to the administration’s foreign Vermont’s environmental future. It is not stand idly by, as hundreds of our policy. Such actions would show a sin- an honor and a privilege to recognize bravest Americans are prevented from cere lack of respect for the boundaries Canute today in the U.S. Senate. receiving the care they deserve. drawn out by our Constitution, and I f f would hope that all Members of Con- TRAUMATIC BRAIN INJURY HONORING PASTOR RHIO CLEIGH gress will use good judgment when vis- Mr. BAYH. Mr. President, I wish to Mr. GRASSLEY. Mr. President, iting with foreign governments in the speak to legislation to fight a discrep- today I take a few minutes to honor a future. It is a very dangerous precedent to ancy in access to care that prevents great man of faith. Pastor Rhio Cleigh set if Members of Congress decide to hundreds of our Nation’s heroes from dedicated the past 25 years to serving buck the American foreign policy agen- receiving the best possible care for his community through the church. da and carry mixed messages to foreign traumatic brain injury. The last 15 of those years have been at governments, especially foreign gov- Traumatic brain injury has been my home church—Prairie Lakes ernments hostile to our country. While identified as the ‘‘signature injury’’ af- Church in Cedar Falls, IA. I will continue to support congres- flicting armed servicemembers return- The work of a pastor is not always sional rights to travel abroad and meet ing from Iraq and Afghanistan. After easy but, much like my work, it is very with government officials, there is a sacrificing so much, we have a moral rewarding. As a minister in our church, responsibility that comes along with obligation to ensure that these men Rhio was responsible for counseling in- and women receive the best care avail- those visits, and that responsibility is dividuals through difficult times, vis- to uphold and support the administra- able to them. Unfortunately, adminis- iting the sick in the hospital, and min- tion’s foreign policy agenda. trative and medical capacity problems istering to the senior citizens of our For this reason I have joined my col- have prevented many of our heroes congregation. league Senator INHOFE in submitting from receiving the care they des- This Sunday our membership will this amendment. I believe it sends a perately need and deserve. There is an honor Pastor Cleigh as he retires from clear and strong message that Members immediate solution to address this. the ministry. Rhio plans to spend his of Congress have the responsibility to The Department of Veterans Affairs, retirement enjoying time with his wife defer to and support the administra- VA, has made clear progress in re- Patti, his 6 children, 10 grandchildren, tion on setting our Nation’s foreign search and development of rehabilita- and 1 great-grandchild. He also hopes policy agenda, and under no cir- tion treatment for individuals who to have a little more time for some of cumstances should Members blatantly have incurred traumatic brain injuries. his hobbies—things like woodworking, defy our administration for purely po- However, VA medical facilities have camping, fishing, and gardening. litical gain. not yet reached the level of private re- Barbara joins me in sincere apprecia- f habilitation facilities, which have been tion to Rhio for his contributions to developing cognitive treatment for the our church and community. Together REAL ID ACT past 30 years. we wish him a long and happy retire- Mr. TESTER. Mr. President, today While VA medical centers offer excel- ment. my home State of Montana becomes lent services, there are barriers to re- f the fourth State in the Nation to de- ceiving the optimal health care op- clare its opposition to the REAL ID U.S. FOREIGN POLICY AGENDA tions. These include a confusing array Act by enacting binding legislation of benefits, overworked and under- Mr. CRAIG. Mr. President, I rise that opts Montana out of REAL ID. trained case managers, and, most im- today in support of a sense-of-the-Con- With it, my State is opting out of the portantly, a discrepancy between bene- gress amendment my good friend and onerous regulation, blatant invasion of fits for those on active duty versus colleague Senator INHOFE has just sub- privacy, and the high cost of compli- those who are medically retired. This mitted regarding Presidential author- ance that will come from imple- discrepancy in benefits leads to confu- ity over setting American foreign pol- menting REAL ID. sion among families who are forced to icy. Like all of my colleagues, I have I congratulate my Governor, Brian try to determine what is in the best in- the right to visit foreign countries in Schweitzer, and both houses of the

VerDate Aug 31 2005 01:20 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G17AP6.033 S17APPT1 jcorcoran on PROD1PC62 with SENATE S4590 CONGRESSIONAL RECORD — SENATE April 17, 2007 Montana State Legislature. Both the independent music community on forceable standards. I have no reason houses of the legislature approved this airplay and rules of engagement. I to believe that the potential good from legislation unanimously. Thirteen want to especially commend Commis- these agreements will not be fulfilled, other States have anti-REAL ID legis- sioner Adelstein for his tireless work but we can’t allow backsliding, espe- lation that has passed one of the to bring these groups together and cially after the 3-year term of the de- houses of the legislature. In Montana then-Attorney General Spitzer for crees expires. This means that the FCC and the rest of these States, opposition spearheading the initial investigation will need to maintain vigorous and to this poorly constructed law is bipar- that has led to State and now Federal continued oversight. I urge the FCC to tisan. settlements. take the next step of building on this That is why I am pleased to once I was encouraged to see internal busi- first wave of settlements and reaching again offer my support for the Identi- ness reforms, increased recordkeeping agreements or taking enforcement ac- fication Security Enhancement Act, infor transactions between labels and tion against the other stations impli- troduced by Senator AKAKA and Sen- radio stations and unfettered access to cated by the Spitzer investigation. ator SUNUNU—another bipartisan show these records by the FCC as part of the f consent decrees. While these provisions of opposition to the REAL ID Act. TAX RELIEF Why is there so much opposition to are not as broad as those included in REAL ID beyond the beltway? It comes my previous payola legislation, the in- Mr. GRASSLEY. Mr. President, I ask down to three reasons. First, the REAL creased recordkeeping and disclosure unanimous consent that a posting by ID Act puts massive new Federal regu- in the consent decrees represent a step someone under the name ‘‘Blue Bun- lations on the States. From new data- in the right direction. Transparency ting’’ made to the Care2 News Network bases and fraud monitoring, to new and accountability through sustained be printed in the RECORD. This posting network and data storage capacity, the oversight will go a long way in elimi- is a supplement to a speech I gave last States will be tasked with an enormous nating the pervasive shadowy practices Thursday, April 12, on attempts by range of new regulations and require- that have plagued the radio industry some Democrats to elude responsibility ments. Once REAL ID becomes effec- on and off almost since its inception. for tax relief permanence. There being no objection, the mate- tive, every State’s Department of While the parties to the consent de- rial was ordered to be printed in the Motor Vehicles will have to play immi- crees do not directly admit wrong- RECORD, as follows: gration official by reconciling discrep- doing, the payment of $12.5 million to ancies in social security numbers with the U.S. Treasury from the four station [From Care2 News Network] the Social Security Administration. groups is an implicit acknowledgement THE MONSTER REPUBLICAN TAX HIKE DMVs will have to require proof of that the evidence uncovered by then- COMMENTS ‘‘legal presence’’ in the United States Attorney General Eliot Spitzer showed Blue Bunting: Tuesday April 3, 2007, 8:32 that significant abuses had taken pm from immigrants. Last week I made a note to link to this I am for a strong immigration policy. place. From all accounts, the stations post at Obsidian Wings. I just spotted the I believe we ought to enforce our bor- also deserve some credit for working in note. ders and enforce the laws we have on good faith with the FCC and the inde- Hilzoy notes the commentary in some the books. But it is completely unrea- pendent music community to work to- quarters that: sonable for the Federal Government to ward a solution that did more than just Following the example set by their Senate put this matter behind them. The in- brethren last Friday, House Democrats will put that job on the Montana Depart- adopt a budget resolution containing the ment of Motor Vehicles, or any other ternal reforms and side agreement ne- largest tax increase in U.S. history amid State’s DMV. gotiated with the American Associa- massive national inattention. And these new regulations carry with tion of Independent Music, A2IM, ap- Bet you didn’t know that, eh? The Dems them a hefty pricetag. DHS now esti- pear to show a real desire to change are already pushing through the largest tax mates that Real ID will cost the states and include the voices of local, un- increase in U.S. history! and nobody is pay- and their taxpayers $23.1 billion. signed and independent musicians that ing attention! have unfortunately been missing more Anyway, Hilzoy digs a bit further into the Finally, REAL ID raises some very story. It really is worth reading. real privacy concerns. Data mining and often than not from our public air- Long story short . . . Republican Con- data theft have become all too common waves over the past decade or more. gresses chose not to make their tax cuts (or, phrases for too many Americans who I am pleased by the voluntary side as PGL would note, their tax deferments) resent having their personal informa- agreement by the radio station groups permanent. They didn’t have to put in a sun- tion collected by the government, or to provide more airtime and fair rules set clause—they chose to, in an attempt to worse, having it stolen from the gov- of engagement. These rules of engage- make long term projections look better. ernment. We all recall the massive po- ment require nondiscriminatory treat- Even with that obfuscation, the situation no ment for labels and musicians seeking longer looks quite so rosy. But . . . if the tential problems that arose from the new Democratic Congress doesn’t do what theft of personal data from the VA last to be played at the stations and echo the Republican Congresses that preceded it year. I have no doubt that the data- requirements from my previous payola failed to do, namely make the tax cut per- bases called for in REAL ID will be an legislation. I am heartened that these manent, well, that’s the equivalent of the even greater target for data thieves. major radio station groups have appar- Democrats pushing the largest tax increase We can do better than REAL ID. Sen- ently come to the realization that the in history. Maybe it’s just me . . . but since this ator AKAKA’s legislation shows that. old system wasn’t working and that it was in their best interest to make it whole thing was planned and executed by a Today, Montana adds its voice to those Republican Congress under a Republican calling for the Federal Government to easier for small labels and local musi- President, shouldn’t we be referring to this go back to the drawing board. Let’s lis- cians to be heard. With more and more as the Republican’s tax increase? And my bet ten to what Montana has to say. musicians being successful without or is that there are a lot of Republicans in Con- f with limited radio airplay—just look at gress now, and that will be seeking re-elec- the commercial and critical success of tion some time soon, that voted for this mas- PAYOLA SETTLEMENT the Dixie Chicks’ last album—I hope sive tax increase. Mr. FEINGOLD. Mr. President, I radio stations are realizing they must Blue Bunting: Tuesday April 3, 2007, 9:07 pm would like to briefly comment on an change and play what their potential Fact Check important settlement that has been re- listeners want to hear in order to re- Robert Novak wrote this in today’s Wash- cently announced by the Federal Com- main relevant. I hope this important ington Post: munications Commission, FCC. commitment by four station groups ‘‘Following the example set by their Sen- Four major radio station groups, will be replicated throughout the rest ate brethren last Friday, House Democrats Clear Channel, Entercom, Citadel, and of the radio industry. will adopt a budget resolution containing the CBS Radio, have taken an important I have a few lingering concerns that largest tax increase in U.S. history amid massive national inattention. first step in cleaning up the radio in- both the consent decrees and side Nobody’s tax payment will increase imme- dustry through today’s consent decree agreement depend heavily on contin- diately, but the budget resolutions set a pat- with the FCC and side agreement with ued good faith instead of strong en- tern for years ahead. The House version

VerDate Aug 31 2005 01:20 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G17AP6.019 S17APPT1 jcorcoran on PROD1PC62 with SENATE April 17, 2007 CONGRESSIONAL RECORD — SENATE S4591 would increase non-defense, non-emergency badly, we should compare that not to the sit- cover those who are not paying their spending by $22.5 billion for next fiscal year, uation when the Democrats took over, but to fair share. with such spending to rise 2.4 percent in each the situation that would have obtained if the of the next three years. To pay for these in- Republicans had in fact produced a beacon of Last year, the Treasury Department creases, the resolution would raise taxes by democracy that transformed the Middle issued ‘‘A Comprehensive Strategy for close to $400 billion over five years—about East, and say: hey, you awful Democrats, we Reducing the Tax Gap.’’ This document $100 more than what was passed in the Sen- were being greeted with flowers and candy, astutely points out, the Tax Code’s ate.’’ and hailed as liberators, and now look what’s Heavens, I said to myself, what can Robert happened to Baghdad!!!! complexity is itself a significant source Novak possibly be talking about? The Demo- Or maybe we should try living in the real of noncompliance. The current Tax crats budget (pdf, h/t The Gavel) does not ac- world. The Democrats are proposing to leave Code costs the Government revenue tually contain any tax increases: tax laws written and enacted by Republicans since even those who try their best to And yet this claim that the Democrats’ alone. That does not count as increasing follow the rules, often end up under- budget contains a tax increase is being cited taxes. all over the place. So what’s up? Michaelena Whittaker: Thursday April 5, paying tax because the rules are too Novak gives us a clue: 2007, 11:21 am complicated and difficult to decipher. ‘‘It had been assumed that the new Demo- Ditto, Blue . . . it’ all a political ploy, as Therefore, any solution to the tax gap cratic majority would end President Bush’s usual (‘‘High Treason’’ has been THE neocon must also require simplifying the Tax relief in capital gains dividend and estate agenda since the 80’s.) taxation. The simultaneous rollback of Indigo Star Nation: Saturday April 7, 2007, Code. Bush-sponsored income tax cuts was a sur- 11:14 pm A top priority I hear from small busi- prise.’’ Impeachment is the only way to end these nesses across Maine and this country is Ah, Rolling back the Bush tax cuts. But atrocities and reclaim America’s conscience wouldn’t that still require some actual and honor. the need for tax relief. Despite the fact changes in revenues from the baseline pro- http://www.care2.com/c2c/groups/ that small businesses are the real job- jections? A GOP Budget Caucus press release disc.html?gpp=11736&pst=633140 creators for Maine’s and our Nation’s gives us further details: Read this thread and take action to im- economy, the current tax system is Note that word ‘automatic’. It’s quite wor- peach. rying. How did the Democrats manage to Also follow my news shares on withholding placing an entirely unreasonable bur- create an automatic tax increase? Don’t tax your taxes as a protest. den on them when trying to satisfy increases normally have to be enacted? I f their tax obligations. The current Tax hope so. It would be awful if tax increases Code imposes a large, and expensive, could just happen automatically. Come to SMALL BUSINESS TAX BURDEN burden on all taxpayers in terms of sat- think of it, it would be even worse if it turns Ms. SNOWE. Mr. President, today isfying their reporting and record- out that this isn’t confined to the tax code, millions of taxpayers, many owners of and all sorts of laws could be passed auto- small businesses, will file their income keeping obligations. The problem, matically. I mean, who knows what the U.S. tax returns while some States in the though, is that small companies are Code might decide to do to itself, without disadvantaged most in terms of the the intervention of any human agent? We Northeast, including my home State of could wake up one morning to find that ping Maine, have rightfully been given an money and time spent in satisfying pong had been automatically criminalized, additional 48 hours to file due to the their tax obligation. or that a requirement that all Americans devastating storms resulting in disas- For example, according to the Small wear silly clown costumes had automatically trous flooding, wind damage, and power Business Administration’s Office of Ad- come into force, or that all our national outages. vocacy, small businesses spend an as- parks had automatically sold themselves to As citizens file their taxes this week, WalMart. The possibilities are horrifying. tounding 8 billion hours each year com- Imagine my relief when I realized what was I am very happy to say that a wide ma- plying with Government reports. They actually going on. The Bush tax cuts are set jority of Mainers and Americans alike also spend more than 80 percent of this will be fully compliant in reporting the to expire automatically. They were written time on completing tax forms. What’s that way. What the Democrats are proposing appropriate amount of income, with to do is simply not to change this. the Internal Revenue Service esti- even more troubling is that companies Moreover, guess who wrote these sunset mating 84 percent of taxpayers are that employ fewer than 20 employees provisions into the tax increases? The Re- compliant. The unfortunate flip side to spend nearly $1,304 per employee in tax publicans, that’s who. They were trying to compliance costs, an amount that is make the tax increases seem less fiscally ru- that statistic is that 16 percent of tax- inous than they were, so they made them payers either fail to report income or nearly 67 percent more than larger last only so long before they expired. (This is underreport income and thus fail to firms. A recent survey by the National why I expect 2010 to produce a spike in mor- pay all the taxes owed. This Federation of Independent Businesses tality among the very rich; the heirs of peo- misreporting of income has resulted in found that 88 percent of small-em- ple who die during 2010 pay no estate tax; the a $345 billion gross tax gap, which is ployer taxpayers used a tax profes- heirs of people who die in 2011 pay 50% on all the difference between taxes owed and the money they inherit above the level at sional and the two reasons small-em- which the estate tax kicks in. As Paul paid. ployer taxpayers most frequently cite Krugman said, ‘‘That creates some inter- Unquestionably, we must ensure that for using tax professionals are to as- esting incentives. Maybe they should have taxes owed are taxes paid. While the sure compliance and the complexity of called it the Throw Momma From the Train Congressional Budget Office, CBO, the law. Act of 2001.’’) projects a deficit of around $200 billion So here’s what Novak’s ‘‘largest tax in- this fiscal year without any abatement For that reason, I have introduced a crease in U.S. history’’ actually comes to the through 2011, the fact remains that package of proposals that will provide Republicans passed a series of tax cuts that not only targeted, affordable tax relief they set up to expire. They intended to make narrowing the tax gap would help re- them permanent, but never got around to it. duce the deficit—plain and simple. to small business owners, but also sim- The Democrats are proposing to leave their Not only does the tax gap prevent us pler rules under the Tax Code. By sim- tax cuts alone. But this counts as a tax in- from balancing the budget, equally dis- plifying the Tax Code, small business crease, apparently on the grounds that what- turbing is how noncompliance breeds owners will be able to satisfy their tax ever Republicans sorta kinda thought they disrespect for the tax system and can obligation in a cheaper, more efficient were going to do, but never actually got lead to the further shirking of obliga- manner, allowing them to be able to around to doing, counts as already done, and tions. The result could be that, to fill anyone who proposes to leave things alone devote more time and resources to counts as undoing the things they were in- the gap, law-abiding taxpayers would their business. have to pay higher taxes. Consider the tending to do. I have introduced legislation, S. 269, That’s a fun way to think. Maybe we following: According to preliminary should also count the Democrats as having IRS data, for 2005, taxpayers filed 134.5 in response to the repeated requests dramatically increased the budget deficit, on million individual income tax returns. from small businesses in Maine and the grounds that the Republicans kinda If we were to shrink the tax gap, each from across the Nation to allow them sorta said they were going to make it go of those returns would have to be as- to expense more of their investments, away, so even though they didn’t, we should like the purchase of essential new act as though they did and compare what- sessed additional tax in the amount of ever deficits the Democrats incur to the Re- $2,566. I would not want to be in posi- equipment. My bill modifies the Inter- publicans’ imaginary balanced budget. tion to ask my constituents for more of nal Revenue Code by doubling the Maybe, if things in Iraq continue to go their hard-earned money, especially to amount a small business can expense

VerDate Aug 31 2005 04:03 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A17AP6.021 S17APPT1 jcorcoran on PROD1PC62 with SENATE S4592 CONGRESSIONAL RECORD — SENATE April 17, 2007 from $100,000 to $200,000, and make the isting rules so that more small busi- this important statewide event. The provision permanent, as President nesses will be able to use the taxable annual Invention Convention has show- Bush proposed this change in his fiscal year that best suits their business. cased the skill, imagination and cre- year 2007 tax proposals. With small To provide relief and equity to our ativity of some of our best and bright- businesses representing 99 percent of Nation’s 1.5 million retail establish- est—and most creative—youngsters. all employers, creating 75 percent of ments, most of which have less than From the Motorized Guinea Pig net new jobs and contributing 51 per- five employees, I have introduced a Walker invented by Nicholas Schrunk cent of private-sector output, their size bill, S. 271, with Senators LINCOLN, of Spirit Lake to the Oops! Proof No- is the only ‘‘small’’ aspect about them. HUTCHISON, and KERRY that reduces spill Feeding Bowl invented by Alexis By doubling and making permanent from 39 to 15 years the depreciable life Abernathy of Cedar Rapids, students the current expensing limit and index- of improvements that are made to re- have created innovative solutions to ing these amounts for inflation, this tail stores that are owned by the re- everyday problems. bill will achieve two important objec- tailer. Under current law, only retail- In Nicholas’ case, he needed to figure tives. First, qualifying businesses will ers that lease their property are al- out a way for his guinea pig, Freckles, be able to write off more of the equip- lowed this accelerated depreciation, to get some exercise without running ment purchases today, instead of wait- which means it excludes retailers that around the house and annoying his ing 5, 7 or more years to recover their also own the property in which they mother. Alexis got the idea for her in- costs through depreciation. That rep- operate. My bill simply seeks to pro- vention by watching a 2-year-old child resents substantial savings both in dol- vide equal treatment to all retailers. spill his cereal again and again. These lars and in the time small businesses Specifically, this bill will simply con- two inventions were creative solutions would otherwise have to spend com- form the Tax Codes to the realities that earned recognition for the young plying with complex and confusing de- that retailers on Main Street face. inventors. In the last 20 years, there preciation rules. Moreover, new equip- Studies conducted by the Treasury De- have been thousands of other inven- ment will contribute to continued pro- partment, Congressional Research tions. ductivity growth in the business com- Service and private economists have Each year, approximately 30,000 Iowa students begin the journey to the State munity, which economic experts have all found that the 39-year depreciation Convention by participating in local repeatedly stressed is essential to the life for buildings is too long and that and regional competitions. The staffs long-term vitality of our economy. the 39-year depreciation life for build- Second, as a result of this bill, more ing improvements is even worse. Re- from Iowa’s Area Education Agencies businesses will qualify for this benefit tailers generally remodel their stores do a tremendous job working with edu- because the phase-out limit will be in- every 5 to 7 years to reflect changes in cators on curriculum ideas and setting creased to $800,000 in new assets pur- customer base and compete with newer up the regional events. Since the incep- chases. At the same time, small busi- stores. Moreover, many improvements tion of the program in 1987, more than half a million students have partici- ness capital investment will be pump- such as interior partitions, ceiling pated in Invent Iowa. ing more money into the economy. tiles, restroom accessories, and paint, may only last a few years before re- The seed for Invent Iowa was planted This is a win-win for small business at a statewide conference I sponsored and the economy as a whole and I am quiring replacement. Finally, I joined Senator BOND in in- in conjunction with Iowa State Univer- pleased to have Senators LOTT, troducing S. 296 that will simplify the sity in 1986 on the future of Iowa com- ISAKSON, CHAMBLISS and COLLINS join Tax Code by permitting small business munities. In his keynote address, David me as cosponsors of this legislation. Morris from the Institute for Local Another proposal that I have intro- owners to use the cash method of accounting for reporting their income if Self-Reliance focused on the need to reduced with Senators LINCOLN and LOTT, kindle the spirit of innovation in the the Small Business Tax Flexibility Act they generally earn fewer than $10 million during the tax year. Currently, United States, and he also spoke of his of 2007, S. 270, will permit start-up only those taxpayers that earn less experience as a judge for the Minnesota small business owners to use a taxable than $5 million per year are able to use Metropolitan Young Inventor’s Fair. year other than the calendar year if the cash method. By increasing this Following that event, my office, led by they generally earn fewer than $5 mil- threshold to $10 million, more small Dianne Liepa, began working with lion during the tax year. Carol McDanolds Bradley at the Iowa Specifically, the Small Business Tax businesses will be relieved of the bur- Department of Education, statewide Flexibility Act of 2007 will permit more densome recordkeeping requirements education groups, nonprofit organiza- taxpayers to use the taxable year most that they currently must undertake in reporting their income under a dif- tions and businesses to form a steering suitable to their business cycle. Until committee to establish a statewide in- 1986, businesses could elect the taxable ferent accounting method. This package of proposals are a tre- vention program for students. Invent year-end that made the most economic mendous opportunity to help small en- Iowa was born. sense for the business. In 1986, Congress terprises succeed by providing an in- In 1989, the Invent Iowa Board of Di- passed legislation requiring partner- centive for reinvestment and leaving rectors contracted with the Belin- ships and S corporations, many of them more of their earnings to do just Blank Center for Gifted Education and which are small businesses, to adopt a that. Notably, providing tax relief by Talent Development at the University December 31 year-end. The Tax Code passing these simplification measures of Iowa to serve as the home for the or- does provide alternatives to the cal- will also help us reduce the tax gap by ganization’s State coordinator. Eleven endar year for small businesses, but increasing compliance. I urge my col- years later, Invent Iowa would become the compliance costs and administra- leagues to join me in supporting these a program under the full direction of tive burdens associated with these al- proposals. Belin-Blank. Under the leadership of ternatives prove to be too high for the dedicated staff at Belin-Blank, In- most small businesses to utilize. f vent Iowa has grown and flourished. Meanwhile, C corporations, as large ADDITIONAL STATEMENTS In particular, I would like to salute corporations often are, receive much the excellent work of Dr. Nicholas more flexibility in their choice of tax- Colangelo, director of the Belin-Blank able year. A C corporation can adopt INVENT IOWA PROGRAM Center, and Dr. Clar Baldus, who serves either a calendar year or any fiscal ∑ Mr. HARKIN. Mr. President, on April a dual role as administrator of Rural year for tax purposes, as long as it 21, some 360 young Iowa inventors will Schools Programs and Inventiveness keeps its books on that basis. This cre- gather at Hilton Coliseum on the cam- Programs at Belin-Blank as well as ates the unfair result of allowing larger pus of Iowa State University for the In- State coordinator for Invent Iowa. businesses with greater resources vent Iowa 2007 State Invention Conven- They have been tireless advocates for greater flexibility in choosing a tax- tion. This gathering will mark the 20th the program and are dedicated to its able year than smaller firms with fewer year for Invent Iowa. success far into the future. resources. This simply does not make Over the last two decades, thousands Invent Iowa is a great program, and I sense to me. My bill changes these ex- of Iowa students have participated in am very proud to recognize all of the

VerDate Aug 31 2005 01:20 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A17AP6.018 S17APPT1 jcorcoran on PROD1PC62 with SENATE April 17, 2007 CONGRESSIONAL RECORD — SENATE S4593 people and organizations that continue ing his country as a member of the at that time was a top team and the to carry on Iowa’s tradition for innova- ‘‘greatest generation.’’ only NCAA hockey team south of the tion and invention. Congratulations on Herb, Jr.’s close ties to Nebraska did Mason-Dixon line. Under his leader- reaching this important milestone to not end with his graduation. He em- ship, the team has had great success, the advisory board for Invent Iowa and barked on a career spanning 30 years at reaching NCAA Division I status. to the sponsors including the Belin- the University of Nebraska Foundation Quoting Coach Joe Ritch, his prede- Blank Center, Iowa Area Education as secretary/treasurer and later vice cessor at UAH. ‘‘Doug brought UAH Agencies, Iowa Intellectual Property president. Upon his retirement in 1982, championships, unique notoriety, and Law Association, Rockwell Collins Cor- Herb’s tenure spanned a period during national respect in the collegiate hock- poration, McKee, Voorhees and Sease which the foundation grew from a staff ey world. We all owe Doug Ross a debt patent attorneys Larry Engman and of 5 employees and assets of $1 million of gratitude for his commitment to David Belin, Dean P. Barry Butler and to a staff of 22 and assets of $80 million. UAH and hockey for this state.’’ the College of Engineering at the Uni- Herb and Lois passed on the Husker The team went to the NCAA Re- versity of Iowa, and Dean Mark J. tradition to their two daughters, Bar- gional Tournament this year where Kushner and the College of Engineering bara and Carol. Barbara, class of 1967, they played the third longest game in at Iowa State University. met and married Robert Reynolds, NCAA Regional Tournament history. The most important partners in the class of 1971, at Nebraska. Robert went In a thrilling game with top-ranked success of Invent Iowa have been class- on to serve in the U.S. Department of and top-seeded Notre Dame, the Char- room teachers across Iowa. They help the Interior with distinction for 33 gers lost 3–2 in double overtime on a guide students through all phases of years. In recognition of his outstanding power-play goal. If winning it all could the invention process from the docu- contributions to the National Park not happen, this game was one on mentation of need, to the inception of Service, Robert was given the Meri- which to cap a career. the idea, creation of the prototype, re- torious Service Award in 1991, the sec- Coach Ross is known for recruiting search to ensure the innovativeness of ond highest award given in the Depart- top notch student athletes to UAH. the invention, and the final presen- ment of the Interior. Then in 2000, he Following their success on the ice, tation to a panel of evaluators. With- was awarded the Distinguished Service many of his players are active alumni, out these dedicated teachers working Award, which is given to only 4 out of living in the Huntsville area and ac- with the young inventors, there would 20,000 each year. tively involved in the community. be no Invent Iowa. Carol, class of 1973, M.S. 1975, also Thank you, Coach Ross, for bringing On the 20th anniversary, I congratu- met her husband, Paul Lou, class of NCAA hockey to the forefront in Ala- late all the Iowans who have worked so 1973, M.S. 1976, at the university. Paul bama and for your loyalty and support hard to make Invent Iowa such a suc- has spent the past 25 years as an infor the University of Alabama in cess. I wish them even greater success structor teaching a broad range of Huntsville. Your legacy is a great one in their next 20 years. Also, good luck computer classes at Diablo Valley and I join with UAH, the Huntsville to the students who will be partici- Community College in Pleasant Hill, community, and the State of Alabama pating in the 2007 Invention Conven- CA, where he is considered one of the in wishing you the very best in your re- tion this weekend.∑ most popular teachers. tirement.∑ f From the Ballantyne family, there f have been several other Nebraska grad- MESSAGE FROM THE HOUSE IN RECOGNITION OF THE POTTER uates, with the latest being Kevin Zim- FAMILY merman, a lawyer who is currently At 2:31 p.m., a message from the ∑ Mr. NELSON of Nebraska. Mr. Presi- serving his country in the armed serv- House of Representatives, delivered by dent, today I pay tribute to the Potter ices. Other graduates have gone on to Ms. Niland, one of its reading clerks, family, who are being honored with the become doctors—Doug Peter—teach- announced that the House has passed Family Tree Alumni Award from the ers—Sandra Peter, Pat Kahre and the following bill, in which it requests University of Nebraska-Lincoln, UNL. Frank Daily—artists—Joyce the concurrence of the Senate: This award was established in 1995 for Ballantyne and Beverly Ballantyne— H.R. 988. An act to designate the facility of families having at least three genera- and business professionals—Byron the United States Postal Service located at 5757 Tilton Avenue in Riverside, California, tions of UNL graduates and at least Ballantyne and Jim Peter. two family members with a record of as the ‘‘Lieutenant Todd Jason Bryant Post Finally, current marching band Office’’. outstanding service to the university, member Kyle Peter represents the fifth The message also announced that the the alumni association, their commu- generation of the Potter family tree to nity and/or their profession. House has agreed to the following con- attend the University of Nebraska. current resolutions, in which it re- This legacy finds its roots in Herb In addition to this legacy being deep quests the concurrence of the Senate: ‘‘Cub’’ Potter, Sr., who began attend- in its years, it is also wide in its H. Con. Res. 71. Concurrent resolution ing the University of Nebraska in 1910. spread. From 1910 up to the present, Herb lettered as a quarterback on the commemorating the 85th Anniversary of the there has been a member of either the founding of the American Hellenic Edu- dominating ‘‘Stiehm Rollers’’ Ne- Potter or Ballantyne families affiliated cational Progressive Association (AHEPA), a braska football teams of 1911, 1912, and with the University of Nebraska during leading association for the Nation’s 1.3 mil- 1914. The latter of those teams finished every single decade. What a rich tradi- lion American citizens of Greek ancestry, with 7 wins, 0 losses and 1 tie, which tion at Nebraska.∑ and Philhellenes. H. Con. Res. 88. Concurrent resolution hon- was said to be deserving of the myth- f ical national title. At the university, oring the life of Ernest Gallo. Herb met his wife, Carrie Coman, a fel- TRIBUTE TO COACH DOUG ROSS f low student and an Alpha Omicron Pi ∑ Mr. SESSIONS. Mr. President, I MEASURES REFERRED would like to congratulate and make member. The following bill was read the first The two sons of Herb and Carrie Pot- some remarks today about a very valu- and the second times by unanimous ter, Herb, Jr., and younger brother able asset to the University of Ala- consent, and referred as indicated: Brooks, became the next generation of bama in Huntsville and the entire H.R. 988. An act to designate the facility of Huskers during the early 1940s. Herb, State of Alabama—Ice Hockey Head the United States Postal Service located at Jr., graduated in 1943 with a degree in Coach Doug Ross, who is retiring after 5757 Tilton Avenue in Riverside, California, business administration and soon mar- 25 years of coaching the UAH Chargers as the ‘‘Lieutenant Todd Jason Bryant Post ried a fellow graduate, Lois hockey team. Office″; to the Committee on Homeland Se- Ballantyne, class of 1940. Brooks at- Coach Ross began his coaching career curity and Governmental Affairs. tended the University of Nebraska at Ohio University in 1976 where he The following concurrent resolution until he enlisted in the U.S. Navy at coached for one season, and then at was read, and referred as indicated: the onset of World War II. Unfortu- Kent State University for 2 years. He H. Con. Res. 71. Concurrent resolution nately, Brooks passed away while serv- came to UAH in 1982. The hockey team commemorating the 85th Anniversary of the

VerDate Aug 31 2005 04:03 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G17AP6.010 S17APPT1 jcorcoran on PROD1PC62 with SENATE S4594 CONGRESSIONAL RECORD — SENATE April 17, 2007 founding of the American Hellenic Edu- Safety Administration, Department of –145EP’’ ((RIN2120–AA64)(Docket No. 2006– cational Progressive Association (AHEPA), a Transportation, transmitting, pursuant to NM–120)) received on April 13, 2007; to the leading association for the Nation’s 1.3 mil- law, the report of a rule entitled ‘‘Electronic Committee on Commerce, Science, and lion American citizens of Greek ancestry, Stability Control’’ (RIN2127-AJ77) received Transportation. and Philhellenes; to the Committee on the on April 13, 2007; to the Committee on Com- EC–1504. A communication from the Pro- Judiciary. merce, Science, and Transportation. gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- f EC–1495. A communication from the Pro- gram Analyst, National Highway Traffic mitting, pursuant to law, the report of a rule EXECUTIVE AND OTHER Safety Administration, Department of entitled ‘‘Airworthiness Directives; Empresa COMMUNICATIONS Transportation, transmitting, pursuant to Brasileira de Aeronautica S.A. Model EMB– 135 Airplanes and Model EMB–145, –145ER, The following communications were law, the report of a rule entitled ‘‘Upgrade Door Retention Performance’’ (RIN2127– –145MR, –145LR, –145XR, –145MP, and –145EP laid before the Senate, together with AH34) received on April 13, 2007; to the Com- Airplanes’’ ((RIN2120–AA64)(Docket No. 2006– accompanying papers, reports, and doc- mittee on Commerce, Science, and Transpor- NM–167)) received on April 13, 2007; to the uments, and were referred as indicated: tation. Committee on Commerce, Science, and EC–1485. A communication from the Chief EC–1496. A communication from the Pro- Transportation. Counsel, Federal Emergency Management gram Analyst, National Highway Traffic EC–1505. A communication from the Pro- Agency, Department of Homeland Security, Safety Administration, Department of gram Analyst, Federal Aviation Administra- transmitting, pursuant to law, the report of Transportation, transmitting, pursuant to tion, Department of Transportation, trans- a rule entitled ‘‘Changes in Flood Elevation law, the report of a rule entitled ‘‘New Car mitting, pursuant to law, the report of a rule Determination’’ (72 FR 14449) received on Assessment Program; Safety Labeling’’ entitled ‘‘Airworthiness Directives; BAE April 12, 2007; to the Committee on Banking, (RIN2127–AJ76) received on April 13, 2007; to Systems Limited Model BAe 145 and Avro Housing, and Urban Affairs. the Committee on Commerce, Science, and 146–RJ Airplanes’’ ((RIN2120–AA64)(Docket EC–1486. A communication from the Chief Transportation. No. 2005–NM–106)) received on April 13, 2007; Counsel, Federal Emergency Management EC–1497. A communication from the Pro- to the Committee on Commerce, Science, Agency, Department of Homeland Security, gram Analyst, Federal Aviation Administra- and Transportation. transmitting, pursuant to law, the report of tion, Department of Transportation, trans- EC–1506. A communication from the Pro- gram Analyst, Federal Aviation Administra- a rule entitled ‘‘Changes in Flood Elevation mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- Determinations’’ (72 FR 14447) received on entitled ‘‘Modification of Class E Airspace; mitting, pursuant to law, the report of a rule April 12, 2007; to the Committee on Banking, Phillipsburg, KS’’ ((RIN2120–AA66)(Docket entitled ‘‘Airworthiness Directives; Airbus Housing, and Urban Affairs. No. 06–ACE–13)) received on April 13, 2007; to EC–1487. A communication from the Chief the Committee on Commerce, Science, and Model A300 Airplanes’’ ((RIN2120– Counsel, Federal Emergency Management Transportation. AA64)(Docket No. 2006–NM–145)) received on April 13, 2007; to the Committee on Com- Agency, Department of Homeland Security, EC–1498. A communication from the Pro- merce, Science, and Transportation. transmitting, pursuant to law, the report of gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- EC–1507. A communication from the Pro- a rule entitled ‘‘Changes in Flood Elevation gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule Determination’’ (72 FR 14456) received on tion, Department of Transportation, trans- entitled ‘‘Modification of Class E Airspace; April 12, 2007; to the Committee on Banking, mitting, pursuant to law, the report of a rule Thedford, NE’’ ((RIN2120–AA66)(Docket No. Housing, and Urban Affairs. entitled ‘‘Airworthiness Directives; McDon- EC–1488. A communication from the Chief 06–ACE–12)) received on April 13, 2007; to the nell Douglas Model DC–8–62, DC–8–63, DC–8– Counsel, Federal Emergency Management Committee on Commerce, Science, and 62F, and DC–8–63F Airplanes’’ ((RIN2120– Agency, Department of Homeland Security, Transportation. EC–1499. A communication from the Pro- AA64)(Docket No. 2006–NM–063)) received on transmitting, pursuant to law, the report of April 13, 2007; to the Committee on Com- gram Analyst, Federal Aviation Administra- a rule entitled ‘‘Final Flood Elevation Deter- merce, Science, and Transportation. tion, Department of Transportation, trans- minations’’ (72 FR 14461) received on April 12, EC–1508. A communication from the Pro- 2007; to the Committee on Banking, Housing, mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- and Urban Affairs. entitled ‘‘Modification of Class E Airspace; tion, Department of Transportation, trans- EC–1489. A communication from the Chair- Alliance, NE’’ ((RIN2120–AA66)(Docket No. mitting, pursuant to law, the report of a rule man, Federal Financial Institutions Exam- 06–ACE–15)) received on April 13, 2007; to the entitled ‘‘Airworthiness Directives; Turbo- ination Council, transmitting, pursuant to Committee on Commerce, Science, and meca S.A. Arrius 2F Turboshaft Engines’’ law, the Council’s 2006 Annual Report; to the Transportation. ((RIN2120–AA64)(Docket No. 2005–NE–33)) re- EC–1500. A communication from the Pro- Committee on Banking, Housing, and Urban ceived on April 13, 2007; to the Committee on Affairs. gram Analyst, Federal Aviation Administra- Commerce, Science, and Transportation. EC–1490. A communication from the Regu- tion, Department of Transportation, trans- EC–1509. A communication from the Pro- latory Specialist, Office of the Comptroller mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- of the Currency, Department of the Treas- entitled ‘‘Airworthiness Directives; Bom- tion, Department of Transportation, trans- ury, transmitting, pursuant to law, the re- bardier Model DHC–8–400 Series Airplanes’’ mitting, pursuant to law, the report of a rule port of a rule entitled ‘‘Expanded Examina- ((RIN2120–AA64)(Docket No. 2006–NM–155)) entitled ‘‘Airworthiness Directives; Empresa tion Cycle for Certain Small Insured Deposi- received on April 13, 2007; to the Committee Brasileira de Aeronautica S.A. Model ERJ tory Institutions and U.S. Branches and on Commerce, Science, and Transportation. 170 and ERJ 190 Airplanes’’ ((RIN2120– Agencies of Foreign Banks’’ (OCC–2007–0007) EC–1501. A communication from the Pro- AA64)(Docket No. 2006–NM–166)) received on received on April 12, 2007; to the Committee gram Analyst, Federal Aviation Administra- April 13, 2007; to the Committee on Com- on Banking, Housing, and Urban Affairs. tion, Department of Transportation, trans- merce, Science, and Transportation. EC–1491. A communication from the Direc- mitting, pursuant to law, the report of a rule EC–1510. A communication from the Pro- tor, Office of Thrift Supervision, Department entitled ‘‘Airworthiness Directives; Pacific gram Analyst, Federal Aviation Administra- of the Treasury, transmitting, pursuant to Aerospace Corporation Ltd. Model 750XL tion, Department of Transportation, trans- law, a report relative to the Office’s com- Airplanes’’ ((RIN2120–AA64)(Docket No. 2006– mitting, pursuant to law, the report of a rule pensation plan for 2007; to the Committee on CE–69)) received on April 13, 2007; to the entitled ‘‘Airworthiness Directives; Pilatus Banking, Housing, and Urban Affairs. Committee on Commerce, Science, and Aircraft Ltd. Models PC–6, PC–6–H1, PC–6– EC–1492. A communication from the Prin- Transportation. H2, PC–6/350, PC–6/350–H1, PC–6/350–H2, PC–6/ cipal Deputy, Office of the Under Secretary EC–1502. A communication from the Pro- A, PC–6/A–H1, PC–6/A–H2, PC–6/B–H2, PC–6/ of Defense (Personnel and Readiness), trans- gram Analyst, Federal Aviation Administra- B1–H2, PC–6/B2–H2, PC–6/B2–H4, PC–6/C–H2, mitting, pursuant to law, a report relative to tion, Department of Transportation, trans- and PC–6/C1–H2 Airplanes’’ ((RIN2120– the Department’s oversight of recruiter mis- mitting, pursuant to law, the report of a rule AA64)(Docket No. 2006–CE–19)) received on conduct; to the Committee on Armed Serv- entitled ‘‘Airworthiness Directives; CTRM April 13, 2007; to the Committee on Com- ices. Aviation Sdn. Bhd. Model Eagle 150B Air- merce, Science, and Transportation. EC–1493. A communication from the Senior planes’’ ((RIN2120–AA64)(Docket No. CE–11)) EC–1511. A communication from the Pro- Attorney, Office of the Secretary, Depart- received on April 13, 2007; to the Committee gram Analyst, Federal Aviation Administra- ment of Transportation, transmitting, pur- on Commerce, Science, and Transportation. tion, Department of Transportation, trans- suant to law, the report of a rule entitled EC–1503. A communication from the Pro- mitting, pursuant to law, the report of a rule ‘‘Review of Data Filed by Certificated or gram Analyst, Federal Aviation Administra- entitled ‘‘Safety Approvals’’ ((RIN2120– Commuter Air Carriers to Support Con- tion, Department of Transportation, trans- AI50)(Docket No. FAA–2006–21332)) received tinuing Fitness Determinations Involving mitting, pursuant to law, the report of a rule on April 13, 2007; to the Committee on Com- Citizenship Issues’’ (RIN2105-AD25) received entitled ‘‘Airworthiness Directives; Empresa merce, Science, and Transportation. on April 13, 2007; to the Committee on Com- Brasileira de Aeronautica S.A. Model EMB– EC–1512. A communication from the Pro- merce, Science, and Transportation. 135BJ, –135ER, –135KE, –135KL, and –135LR gram Analyst, Federal Aviation Administra- EC–1494. A communication from the Pro- Airplanes; and Model EMB–145, –145ER, tion, Department of Transportation, trans- gram Analyst, National Highway Traffic –145MR, –145LR, –145XR, –145MP, and mitting, pursuant to law, the report of a rule

VerDate Aug 31 2005 01:20 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A17AP6.027 S17APPT1 jcorcoran on PROD1PC62 with SENATE April 17, 2007 CONGRESSIONAL RECORD — SENATE S4595 entitled ‘‘Miscellaneous Changes to Commer- EC–1522. A communication from the Chief than treaties (List 2007–50—2007–60); to the cial Space Transportation Regulations’’ of the Publications and Regulations Branch, Committee on Foreign Relations. ((RIN2120–AI45)(Docket No. FAA–2005–21234)) Internal Revenue Service, Department of the EC–1533. A communication from the Assist- received on April 13, 2007; to the Committee Treasury, transmitting, pursuant to law, the ant Secretary, Office of Legislative Affairs, on Commerce, Science, and Transportation. report of a rule entitled ‘‘2007 Automobile Department of State, transmitting, pursuant EC–1513. A communication from the Pro- Depreciation Limits’’ (Rev. Proc. 2007–30) re- to law, a report relative to methods em- gram Analyst, Federal Aviation Administra- ceived on April 13, 2007; to the Committee on ployed by Cuba to comply with the United tion, Department of Transportation, trans- Finance. States-Cuba September 1994 ‘‘Joint Commu- mitting, pursuant to law, the report of a rule EC–1523. A communication from the Chief nique’’ and the treatment by the Govern- entitled ‘‘Human Space Flight Requirements of the Publications and Regulations Branch, ment of Cuba of persons returned to Cuba; to for Crew and Space Flight Participants’’ Internal Revenue Service, Department of the the Committee on Foreign Relations. ((RIN2120–AI57)(Docket No. FAA–2005–23449)) Treasury, transmitting, pursuant to law, the received on April 13, 2007; to the Committee report of a rule entitled ‘‘April—June 2007 EC–1534. A communication from the Assist- on Commerce, Science, and Transportation. Section 42 Bond Factor Amounts’’ (Rev. Rul. ant Secretary, Office of Legislative Affairs, EC–1514. A communication from the Pro- 2007–25) received on April 13, 2007; to the Department of State, transmitting, pursuant gram Analyst, Federal Aviation Administra- Committee on Finance. to law, a report relative to the Millennium tion, Department of Transportation, trans- EC–1524. A communication from the Chief Challenge Corporation’s activities for fiscal mitting, pursuant to law, the report of a rule of the Publications and Regulations Branch, year 2006; to the Committee on Foreign Rela- entitled ‘‘Extended Operations of Multi-En- Internal Revenue Service, Department of the tions. gine Airplanes’’ ((RIN2120–AI03)(Docket No. Treasury, transmitting, pursuant to law, the EC–1535. A communication from the In- FAA–2002–6717)) received on April 13, 2007; to report of a rule entitled ‘‘Revision to Regula- terim Director, Pension Benefit Guaranty the Committee on Commerce, Science, and tions Relating to Portfolio Interest’’ Corporation, transmitting, pursuant to law, Transportation. ((RIN1545–BF64)(TD9323)) received on April the report of a rule entitled ‘‘Benefits Pay- EC–1515. A communication from the Pro- 13, 2007; to the Committee on Finance. able in Terminated Single-Employer Plans; gram Analyst, Federal Aviation Administra- EC–1525. A communication from the Chief Allocation of Assets in Single-Employer tion, Department of Transportation, trans- of the Publications and Regulations Branch, Plans; Interest Assumptions for Valuing and mitting, pursuant to law, the report of a rule Internal Revenue Service, Department of the Paying Benefits’’ (29 CFR Parts 4022 and 4044) entitled ‘‘Licensing and Safety Require- Treasury, transmitting, pursuant to law, the received on April 12, 2007; to the Committee ments for Launch’’ ((RIN2120–AG37)(Docket report of a rule entitled ‘‘Mirror Legislation on Health, Education, Labor, and Pensions. No. FAA–2000–7953)) received on April 13, and the United Kingdom’’ (Uniform Issue EC–1536. A communication from the Direc- 2007; to the Committee on Commerce, List Number 1503.06–00) received on April 13, tor, Regulations Policy and Management Science, and Transportation. 2007; to the Committee on Finance. Staff, Department of Health and Human EC–1516. A communication from the Ad- EC–1526. A communication from the Chief Services, transmitting, pursuant to law, the ministrator, National Aeronautics and Space of the Publications and Regulations Branch, report of a rule entitled ‘‘Dandruff, Administration, transmitting, the report of Internal Revenue Service, Department of the Seborrheic Dermatitis, and Psoriasis Drug draft legislation to amend the National Aer- Treasury, transmitting, pursuant to law, the Products Containing Coal Tar and Menthol onautics and Space Act of 1958, as amended, report of a rule entitled ‘‘Guidance Regard- for Over-the-Counter Human Use; Amend- and the NASA Flexibility Act of 2004 to pro- ing the Application of Section 409A to Split- ment to the Monograph’’ ((RIN0910–AF49) vide NASA additional workforce flexibilities; Dollar Insurance Arrangements’’ (Notice (Docket No. 2005N–0448)) received on April 12, to the Committee on Commerce, Science, 2007–34) received on April 13, 2007; to the 2007; to the Committee on Health, Education, and Transportation. Committee on Finance. Labor, and Pensions. EC–1517. A communication from the Sec- EC–1527. A communication from the Chief retary, Federal Trade Commission, transmit- of the Publications and Regulations Branch, EC–1537. A communication from the Direc- ting, pursuant to law, a report entitled ‘‘Fed- Internal Revenue Service, Department of the tor, Regulations Policy and Management eral Trade Commission Report to Congress Treasury, transmitting, pursuant to law, the Staff, Department of Health and Human on Marketing Violent Entertainment to report of a rule entitled ‘‘Section 911 Waiver Services, transmitting, pursuant to law, the Children: A Fifth Follow-Up Review of Indus- Rev. Proc.—2006 Update’’ (Rev. Proc. 2007–28) report of a rule entitled ‘‘Blood Vessels Re- try Practices in the Motion Picture, Music received on April 13, 2007; to the Committee covered With Organs and Intended for Use in Recording and Electronic Game Industries’’; on Finance. Organ Transplantation’’ (Docket No. 2006N– to the Committee on Commerce, Science, EC–1528. A communication from the Chief 0051) received on April 12, 2007; to the Com- and Transportation. of the Publications and Regulations Branch, mittee on Health, Education, Labor, and EC–1518. A communication from the Assist- Internal Revenue Service, Department of the Pensions. ant Secretary for Fish, Wildlife and Parks, Treasury, transmitting, pursuant to law, the EC–1538. A communication from the Direc- Fish and Wildlife Service, Department of the report of a rule entitled ‘‘Anti-Avoidance tor, Regulations Policy and Management Interior, transmitting, pursuant to law, the and Anti-Loss Reimportation Rules Applica- Staff, Department of Health and Human report of a rule entitled ‘‘Endangered and ble Following a Loss on Disposition of Stock Services, transmitting, pursuant to law, the Threatened Wildlife and Plants; Designation of Consolidated Subsidiaries’’ ((RIN1545– report of a rule entitled ‘‘Blood Vessels Re- of Critical Habitat for Cirsium hydrophilum BG26) (TD9322)) received on April 13, 2007; to covered With Organs Intended for Use in var. hydrophilum (Suisun thistle) and the Committee on Finance. Organ Transplantation’’ ((RIN0910–AF65) Cordylanthus mollis ssp. mollis (soft bird’s- EC–1529. A communication from the Presi- (Docket No. 2006N–0051)) received on April 12, beak)’’ (RIN1018–AU44) received on April 13, dent and CEO, Overseas Private Investment 2007; to the Committee on Health, Education, 2007; to the Committee on Environment and Corporation, transmitting, pursuant to law, Labor, and Pensions. Public Works. a report relative to the development and ef- EC–1539. A communication from the Chair- EC–1519. A communication from the Acting fects of the Corporation’s fiscal year 2006 man, National Foundation on the Arts and Assistant Secretary for Fish and Wildlife and projects; to the Committee on Foreign Rela- the Humanities, transmitting, pursuant to Parks, Fish and Wildlife Service, Depart- tions. law, an annual report relative to the Arts ment of the Interior, transmitting, pursuant EC–1530. A communication from the Assist- and Artifacts Indemnity Program for fiscal to law, the report of a rule entitled ‘‘Migra- ant Secretary, Office of Legislative Affairs, year 2006; to the Committee on Health, Edu- tory Bird Subsistence Harvest in Alaska; Department of State, transmitting, pursuant cation, Labor, and Pensions. Harvest Regulations for Migratory Birds in to law, a report relative to Taiwan’s partici- Alaska During the 2007 Season’’ (RIN1018– pation in the World Health Organization; to EC–1540. A communication from the Direc- AU59) received on April 12, 2007; to the Com- the Committee on Foreign Relations. tor, Regulations and Disclosure Law Divi- mittee on Environment and Public Works. EC–1531. A communication from the Assist- sion, Department of Homeland Security, EC–1520. A communication from the Sec- ant Secretary, Office of Legislative Affairs, transmitting, pursuant to law, the report of retary of Health and Human Services, trans- Department of State, transmitting, pursuant a rule entitled ‘‘Advance Electronic Presen- mitting, pursuant to law, a report entitled to law, the notification of a proposed exer- tation of Cargo Information for Truck Car- ‘‘Pilot Testing of Electronic Prescribing cise of the Federal Aviation Administration riers Required to be Transmitted Through Standards—Cooperative Agreements’’; to the to transfer $11 million in fiscal year 2006 Eco- ACE Truck Manifest at Ports in the States Committee on Finance. nomic Support Funds to the Peacekeeping of Vermont, North Dakota and New Hamp- EC–1521. A communication from the Chief Operations account to support security sec- shire’’ (19 CFR Part 123) received on April 13, of the Publications and Regulations Branch, tor reform in Liberia; to the Committee on 2007; to the Committee on Homeland Secu- Internal Revenue Service, Department of the Foreign Relations. rity and Governmental Affairs. Treasury, transmitting, pursuant to law, the EC–1532. A communication from the Assist- EC–1541. A communication from the Direc- report of a rule entitled ‘‘Regulations: Appli- ant Legal Adviser for Treaty Affairs, Depart- tor, Office of Personnel Management, trans- cation of Section 409A to Nonqualified De- ment of State, transmitting, pursuant to the mitting, pursuant to law, an annual report ferred Compensation Plans’’ ((RIN1545– Case-Zablocki Act, 1 U.S.C. 112b, as amended, containing certain fiscal year 2006 statistical BE79)(TD9321)) received on April 13, 2007; to the report of the texts and background state- data relative to Federal sector equal employ- the Committee on Finance. ments of international agreements, other ment opportunity complaints filed with the

VerDate Aug 31 2005 02:58 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A17AP6.030 S17APPT1 jcorcoran on PROD1PC62 with SENATE S4596 CONGRESSIONAL RECORD — SENATE April 17, 2007 Office; to the Committee on Homeland Secu- of all revenues generated from the multiple- development of a federal, bipartisan, long- rity and Governmental Affairs. use management of the newly created na- term solution that addresses sustainable EC–1542. A communication from the Acting tional forests to support public roads and management of federal forest lands to sta- Senior Procurement Executive, Office of the public schools; and bilize payments to forest counties through- Chief Acquisition Officer, Department of De- Whereas, in recent decades, the forest re- out the western United States, which help fense, transmitting, pursuant to law, the resources have not been managed in a manner support roads and schools, and to provide port of a rule entitled ‘‘Federal Acquisition to produce long-term sustainable revenue to projects that enhance forest ecosystem Regulation: Federal Acquisition Circular share with schools and counties; and health and provide employment opportuni- 2005–16’’ (FAC 2005–16) received on April 12, Whereas, in 2000, Congress passed Public ties, and to improve cooperative relation- 2007; to the Committee on Homeland Secu- Law 106–393, the Secure Rural Schools and ships among those who use and care about rity and Governmental Affairs. Community Self-Determination Act. The the lands the federal government manages; EC–1543. A communication from the Chair- Act restored historical payment levels pre- and be it further man, Postal Regulatory Commission, trans- viously made to states and counties from the Resolved, That the Chief Clerk of the House mitting, pursuant to law, a report relative to federal government for road and school pur- of Representatives be, and she is hereby au- its implementation of the Sunshine Act dur- poses because of declining levels of actual thorized and directed to forward a copy of ing calendar year 2006; to the Committee on forest receipts; and this Memorial to the President of the Senate Homeland Security and Governmental Af- Whereas, the reauthorization and appro- and Speaker of the House of Representatives fairs. priation of the Secure Rural Schools and of Congress, the congressional delegation EC–1544. A communication from the Chief Community Self-Determination Act is pend- representing the State of Idaho in the Con- Administrative Officer, Patent and Trade- ing before the United States Congress, and gress of the United States and to the Legis- mark Office, Department of Commerce, Idaho counties are on record as being strong- latures of the states of Alaska, Arizona, Cali- transmitting, pursuant to law, the Office’s ly supportive of a fully funded approval of fornia, Colorado, Hawaii, Montana, Nevada, Annual Report for fiscal year 2006; to the this Act; and New Mexico, Oregon, Utah, Washington and Committee on Homeland Security and Gov- Whereas, federal land managers continue Wyoming. ernmental Affairs. to be faced with funding shortages. In the EC–1545. A communication from the Dep- event the Secure Rural Schools and Commu- POM–63. A resolution adopted by the Sen- uty Assistant Administrator, Office of Diver- nity Self-Determination Act is not reauthor- ate of the Legislature of the State of Michi- sion Control, Department of Justice, trans- ized and appropriated, counties will be faced gan expressing the Senate’s opposition to mitting, pursuant to law, the report of a rule with higher property taxes or a reduction in Norfolk Southern Corporation’s proposed entitled ‘‘Control of a Chemical Precursor services and, even if the Act is reauthorized sale of its rail lines from Ypsilanti to Kala- Used in the Illicit Manufacture of Fentanyl and appropriated, it will likely be the last mazoo and Grand Rapids to Kalamazoo and as a List I Chemical’’ (RIN1117–AB12) re- time, and the state of Idaho must seek a continuing to the Indiana border; to the ceived on April 13, 2007; to the Committee on long-term solution; and Committee on Commerce, Science, and Whereas, in 2006, House Joint Memorial the Judiciary. Transportation. EC–1546. A communication from the Sec- No. 21 was adopted by the members of the retary, Judicial Conference of the United Second Regular Session of the Fifty-eighth SENATE RESOLUTION NO. 34 States, transmitting, the report of draft leg- Idaho Legislature to provide one option to Whereas, The Norfolk Southern Corpora- islation entitled ‘‘Civil Judicial Procedure, address the problem of declining forest re- tion is considering the sale of its Michigan Administration, and Technical Amendments ceipts by urging Congress to support federal lines from Grand Rapids to Kalamazoo and Act of 2007’’; to the Committee on the Judici- legislation transferring management of Na- from Ypsilanti to Kalamazoo. The Ypsilanti ary. tional Forest System lands within Idaho to to Kalamazoo line carries the state’s busiest EC–1547. A communication from the Sec- the state of Idaho to be managed for the ben- high-speed AMTRAK train, the Wolverine, retary, Judicial Conference of the United efit of the rural counties and schools; and which travels from Detroit to Chicago. The States, transmitting, pursuant to law, a re- Whereas, in February 2007, a concurrent Wolverine travels on the Norfolk Southern port relative to the Conference’s determina- resolution was introduced in the Idaho House Railroad’s rail corridor from Ypsilanti to tions on four district courts that were sub- of Representatives and will be voted on by Kalamazoo until it connects with AMTRAK’s ject to review under the Conference’s Bien- the First Regular Session of the Fifty-ninth own line. Ridership on this line increased six nial Survey of Article III Judgeship Needs; Idaho Legislature authorizing Idaho’s Legis- percent in 2006 to 142,185 passengers; and to the Committee on the Judiciary. lative Council to appoint an interim com- Whereas, The Ypsilanti to Kalamazoo por- EC–1548. A communication from the Sec- mittee to undertake and complete an assess- tion of the Norfolk Southern line is a vital retary, Judicial Conference of the United ment of the decline in receipts on National link between Detroit and Chicago. Expand- States, transmitting, a draft bill intended to Forest System lands, which have historically ing the high-speed rail capacity on this line create additional Article III judgeships and been shared with counties. The goal of the is vital to the future development of this convert temporary judgeships to permanent interim committee’s recommendations will area. New industry, including coal energy, ones in the U.S. courts of appeals and dis- be to develop a federal, bipartisan, long-term biodiesel, and ethanol fuel plants are pro- trict courts; to the Committee on the Judici- solution that addresses sustainable manage- posed for Michigan and specifically along the ary. ment of federal forest lands to stabilize pay- I–94 corridor located near the Ypsilanti to f ments to Idaho’s forest counties, which help Kalamazoo rail line. Continued operation of support roads and schools, and to provide this line by Norfolk Southern is essential to PETITIONS AND MEMORIALS projects that enhance forest ecosystem expansion of new industry in this area. Over The following petitions and memo- health, provide employment opportunities, 150 railroad employees’ jobs are associated rials were laid before the Senate and and improve cooperative relationships with the rail traffic along this line; and were referred or ordered to lie on the among those who use and care about the Whereas, Norfolk Southern is a Class One lands the federal government manages. The railroad operator, earning revenue in excess table as indicated: resolution calls for the interim committee to of $250 million annually. As a Class One oper- POM–62. A joint resolution adopted by the work in cooperation and coordination with ator, Norfolk Southern has the capacity to House of Representatives of the Legislature the state of Idaho, its counties, its school maintain and promote the use of these lines. of the State of Idaho urging Congress to con- and highway districts, along with the recog- The proposed sale of the Ypsilanti to Kala- sider adoption of a resolution working to- nized Indian tribes of the state of Idaho. The mazoo and Grand Rapids to Kalamazoo lines ward the development of a federal bipar- resolution also provides that the interim will almost certainly place the lines under tisan, long-term solution that addresses sus- committee address National Forest System the management of a Class Three operator, a tainable management of federal forest lands lands, but only those lands that do not have rail company earning revenue of $20 million to stabilize payments, which help support special designations. The interim committee or less annually. A Class Three operator will roads and schools, to forest communities is directed to formulate a solution that will be far less likely to have the means to main- throughout the western states; to the Com- protect all valid existing rights, existing tain the lines, thus increasing the chance of mittee on Agriculture, Nutrition, and For- public access and activities, including hunt- accidents. Class Three operators also rely on estry. ing, fishing and recreation, and that will not federal grants for line and equipment main- HOUSE JOINT MEMORIAL NO. 4 be construed to interfere with treaties or tenance, grants that are not always guaran- Whereas, it has long been the intent and any other obligations to the Indian tribes, teed; Now, therefore, be it policy of the federal government to hold commitments to county governments, or the Resolved by the Senate, That we express op- rural communities harmless from the cre- General Mining Law or Taylor Grazing Act: position to Norfolk Southern’s proposed sale ation of federal lands and in 1906 the Com- Now, therefore, be it of its rail lines from Ypsilanti to Kalamazoo mittee on Public Lands recognized that the Resolved by the members of the First Regular and Grand Rapids to Kalamazoo and con- presence of federal lands could create hard- Session of the Fifty-ninth Idaho Legislature, the tinuing to the Indiana border; and be it fur- ship for many counties as they provided lit- House of Representatives and the Senate con- ther tle revenue or commerce at that time; and curring therein, That the legislatures of all Resolved, That copies of this resolution be Whereas, in 1908, the federal government western states should consider the adoption transmitted to the President of the United promised rural counties twenty-five percent of similar resolutions, working toward the States Senate; the Speaker of the United

VerDate Aug 31 2005 04:03 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A17AP6.033 S17APPT1 jcorcoran on PROD1PC62 with SENATE April 17, 2007 CONGRESSIONAL RECORD — SENATE S4597 States House of Representatives; members of changes among the three countries that cir- American sovereignty and emphasize our the Michigan congressional delegation; the cumvent United States trade, transpor- commitment to the Pacific Northwest Eco- United States Department of Transpor- tation, homeland security and border secu- nomic Region (PNWER) and other coopera- tation, Surface Transportation Board; the rity functions and that it is the intention of tive working nations in mutual beneficial Norfolk Southern Corporation; AMTRAK; SPP to continue toward a North American goals; and and the Michigan Department of Transpor- Union in the future; and Whereas, this trilateral partnership to de- tation. Whereas, the actions taken by the SPP to velop a North American Union has never coordinate border security by eliminating been presented to Congress as an agreement POM–64. A joint resolution adopted by the obstacles to migration between Mexico and or treaty, and has had virtually no congres- Legislature of the State of Maine memori- the United States actually makes the United sional oversight; and alizing the President and Congress to fully States-Mexico border less secure and more Whereas, recent reports on internet news, fund the State Children’s Health Insurance vulnerable to possible terrorist activities, Friday, January 26, 2007, WorldNetDaily, Program; to the Committee on Finance. and Mexico is the primary source country of stating that Congressman Poe (R-Texas) asked about the U.S. Department of Trans- JOINT RESOLUTION MEMORIALIZING THE PRESI- illegal immigrants, illegal drug entry and il- portation’s work with the trade group North DENT AND CONGRESS OF THE UNITED STATES legal human smuggling into the United American Super-Corridor Coalition, Inc. TO FULLY FUND THE STATE CHILDREN’S States; and (NASCO) and the department’s plans to build HEALTH INSURANCE PROGRAM Whereas, according to the U. S. Depart- ment of Commerce, the United States trade the Trans-Texas Corridor, Congressman Poe Whereas, the State of Maine and at least 13 deficits with Mexico and Canada have sig- was told that the NAFTA agreement super- other states have used up much of the fed- nificantly increased since the implementa- highway corridor plans exist to move goods eral subsidies for child health care even tion of the North American Free Trade from Mexico through the United States to though the fiscal year is still not ended, due Agreement (NAFTA), and the volume of im- Canada; and in part to the great need for these funds and Whereas, American citizens and state and ports from Mexico has soared since NAFTA, also to the inadequate formula by which the local governments throughout the United straining security checks at the U.S. border; money is apportioned; and States would be negatively impacted by the Whereas, the State Children’s Health In- and Whereas, the economic and physical secu- SPP process: Now, therefore, be it surance Program, known as SCHIP, was Resolved by the members of the First Regular rity of the United States is impaired by the started by Congress in 1998 and is funded by Session of the Fifty-ninth Idaho Legislature, the potential loss of control of its borders at- a combination of federal and state funds, as House of Representatives and the Senate con- tendant to the full operation of NAFTA and well as by the premiums of participants; and curring therein, That we emphatically urge the SPP; and Whereas, the program was envisioned as a and petition the Congress of the United Whereas, the regulatory and border secu- way to provide health insurance to the chil- States and particularly the congressional rity changes implemented and proposed by dren of the working poor and the current delegation representing the state of Idaho to the SPP violate and threaten United States budget is $5.5 billion, which is about $745 mil- use all efforts, energies and diligence to sovereignty; and lion short of the needs of the states; and withdraw the United States from any further Whereas, the NAFTA Superhighway Sys- Whereas, the State of Maine has used its participation in the Security and Prosperity tem from the west coast of Mexico through SCHIP funds to help significantly with Partnership of North America or any other the United States and into Canada has been MaineCare, which has provided valuable and bilateral or multilateral activity that seeks suggested as part of a North American Union important health care to more than 14,850 to advance, authorize, fund or in any way to facilitate trade between the SPP coun- children in our State, and without additional promote the creation of any structure to cre- tries; and federal aid 3,500 to 4,000 Maine children will ate any form of North American Union; and Whereas, the stability and economic via- go uninsured; and be it further bility of the U.S. ports along the western Whereas, the State of Maine needs at least Resolved, That House Concurrent Resolu- coast will be seriously compromised by huge $6,500,000 to help the children at risk and to tion 40 of the First Session of the 110th Con- cargos off-loaded at cheaper labor cost from keep our children healthy, and other states gress addresses the concern herein expressed foreign traders into the ports of Mazatlan have needs just as important: Now, thereby the state of Idaho; and be it further and Lazaro Cardenas; and fore, be it Resolved, That we are asking our congres- Whereas, the state of Texas has already ap- Resolved, That We, your Memorialists, on sional delegation, our U.S. Department of proved and begun planning of the Trans- behalf of the people we represent, take this Transportation Secretary Mary E. Peters Texas Corridor, a major multi-modal trans- opportunity to request that the State Chil- and President Bush to reject appropriated portation project beginning at the United dren’s Health Insurance Program be fully federal fuel tax dollars for such SPP or States-Mexico border, which would serve as funded not only for the children of the State NAFTA when there is such a need for fuel an initial section of the NAFTA Super- of Maine, but for all of the children of the tax dollars to be dedicated to the needs of highway System; and working poor in the United States; and be it the states in the U.S. in order to maintain Whereas, plans of Asian trading powers to further our highway system; and be it further divert cargo from U.S. ports such as Los An- Resolved, That official copies of this resolu- Resolved, That the Chief Clerk of the House geles to ports in Mexico will only put pres- tion, duly authenticated by the Secretary of of Representatives be, and she is hereby au- sure on border inspectors, interfering with State, be transmitted to President George W. thorized and directed to forward a copy of their already overwhelming job of inter- Bush, the Speaker of the United States this Memorial to the President of the Senate cepting the flow of drugs and illegals flowing House of Representatives, the President of and the Speaker of the House of Representa- into this country; and tives of Congress, and the congressional dele- the United States Senate and to each mem- Whereas, future unrestricted foreign truck- ber of the Maine Congressional Delegation. gation representing the State of Idaho in the ing into the United States can pose a safety Congress of the United States. hazard due to inadequate maintenance and POM–65. A joint resolution adopted by the inspection, and the Transportation Security POM–66. A joint resolution adopted by the House of Representatives of the Legislature Administration’s (TSA) lack of background House of Representatives of the Legislature of the State of Idaho urging Congress to use checks for violations in Mexico, lack of drug of the State of Idaho supporting the partici- all efforts, energies, and diligence to with- and alcohol testing, lack of enforcement of pation of Taiwan in a meaningful and appro- draw the U.S. from any further participation size and weight requirements and lack of na- priate way in the World Health Organization; in the Security and Prosperity Partnership tional security procedures, which threaten to the Committee on Foreign Relations. of North America, or any other bilateral or the American people and undermine the very multilateral activity that seeks to advance, HOUSE JOINT MEMORIAL NO. 2 charge given to our homeland security agen- authorize, fund or in any way promote the Whereas, direct and unobstructed partici- cy to defend our borders against these creation of any structure to create any form pation in international health cooperation threats; and forums and programs is crucial for all parts of the North American Union; to the Com- Whereas, the Eisenhower National High- mittee on Foreign Relations. of the world, especially with today’s greater way System was designed for the national potential for the cross-border spread of var- HOUSE JOINT MEMORIAL NO. 5 security of the United States for movement ious infectious diseases such as AIDS; and Whereas, the U.S. Department of State, of the military, purposes of commerce from Whereas, Taiwan’s achievements in the the U.S. Department of Commerce and the state to state, not from foreign countries, field of health care are substantial, including U.S. Department of Homeland Security par- and this highway system should not be com- life expectancy levels that are some of the ticipated in the formation of the Security promised by treaties or agreements with highest in Asia, maternal and infant mor- and Prosperity Partnership of North Amer- other countries that would supplant the con- tality rates that are comparable to those of ica (SPP) on March 23, 2005, representing a trol and management of our nation’s high- western countries, free hepatitis B vaccina- trilateral agreement between Canada, Mex- ways by our U.S. Department of Transpor- tions for children and the eradication of ico and the United States designed, among tation and the various states; and polio, cholera, smallpox and the plague; and other things, to facilitate common regu- Whereas, we strongly object to any treaty Whereas, the Centers for Disease Control latory schemes between these countries; and or agreement, which threatens to violate na- and Prevention and its Taiwanese counter- Whereas, reports issued by the SPP indi- tional security, private property, United part have enjoyed close collaboration on a cate that it has implemented regulatory States commerce, constitutional rights and wide range of public health issues; and

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Such activi- and health activities supported by the World services, Head Start programs have been ties are not the business or responsibility of Health Organization; and forced to shorten program hours, cut back government; and Whereas, Taiwan’s population of twenty- staff, reduce parent coaching, and reduce Whereas, the REAL ID Act enables the cre- three million is larger than that of seventy- transportation and other services that help ation of additional massive private sector five percent of World Health Organization families participate: Now, therefore, be it databases, combining both transactional in- member states; and Resolved by the Senate, That we memori- formation and driver’s license information Whereas, the United States, in its 1994 Tai- alize the Congress of the United States to in- gained from scanning the machine-readable wan Policy Review, declared its intention to crease discretionary funding in the federal information contained on every driver’s li- support Taiwan’s participation in appro- budget for 2008 by $750 million in additional cense; and priate international organizations; and funding over current levels for Head Start Whereas, these public and private data- Whereas, Taiwan’s participation in the and $720 million in additional funding over bases are likely to contain numerous errors World Health Organization could bring many current levels for the Child Care and Devel- and false information, creating significant benefits to the state of health care, not only opment Block Grant (CCDBG). This request hardship for Americans attempting to verify in Taiwan, but also regionally and globally: does not address the unmet need in Head their identities in order to travel on com- Now, therefore, be it Start and CCDBG, but simply restores serv- mercial aircraft, open a bank account or per- Resolved by the members of the First Regular ices to children to the Fiscal Year 2002 level. form any of the numerous functions required Session of the Fifty-ninth Idaho Legislature, the This is a crucial first step toward meeting to live in the United States today; and House of Representatives and the Senate con- the need to provide quality early childhood Whereas, the federal trade commission es- curring therein, That we support the partici- education and care for at-risk children. In- timates that ten million Americans are vic- pation by Taiwan in a meaningful and appro- vesting in Head Start and quality child care tims of identity theft annually, and because priate way in the World Health Organization; now will improve education outcomes for our identity thieves are increasingly targeting and be it further nation’s at-risk children and will save lives motor vehicle departments, the REAL ID Resolved, That the Chief Clerk of the House and money down the road; and be it further Act will enable the crime of identity theft by of Representatives be, and she is hereby au- Resolved, That copies of this resolution be making the personal information of all thorized and directed to forward a copy of transmitted to the President of the United Americans, including date of birth and signa- this Memorial to the President of the United States Senate, the Speaker of the United ture, accessible from tens of thousands of lo- States, to the President of the Senate and States House of Representatives, and the cations; and the Speaker of the House of Representatives members of the Michigan congressional dele- Whereas, the REAL ID Act requires a driv- of Congress, to the congressional delegation gation. er’s license to contain a person’s actual representing the State of Idaho in the Con- home address and makes no exception for in- gress of the United States, to the Director- POM–68. A joint resolution adopted by the dividuals in potential danger, such as under- General of the World Health Organization House of Representatives of the Legislature cover law enforcement personnel or victims and to the representative of the Taipei Eco- of the State of Idaho affirming the state’s of stalking or criminal harassment; and nomic and Cultural Representative Office in support of the United States campaign to se- Whereas, the REAL ID Act contains oner- the United States. cure our country and urging members of Ida- ous record verification and retention provi- ho’s congressional delegation to support sions that place unreasonable burdens on the POM–67. A resolution adopted by the Sen- measures to repeal the federal REAL ID Act motor vehicle division and on third parties ate of the Legislature of the State of Michi- of 2005; to the Committee on the Judiciary. required to verify records; and Whereas, the REAL ID Act will place enor- gan memorializing Congress to invest in HOUSE JOINT MEMORIAL NO. 3 Head Start and quality child care; to the mous burdens on consumers seeking new Whereas, the state of Idaho recognizes the Committee on Health, Education, Labor, and driver’s licenses, such as longer lines, in- Constitution of the United States as our Pensions. creased document requests, higher costs and charter of liberty and the Bill of Rights as a waiting period; and SENATE RESOLUTION NO. 27 affirming the fundamental and inalienable Whereas, the REAL ID Act will place state Whereas, Head Start and high-quality child rights of Americans, including freedom of motor vehicle staff on the front lines of im- care prepare children for school and life suc- privacy and freedom from unreasonable migration enforcement by forcing state em- cess by narrowing the educational achieve- searches; and ployees to determine federal citizenship and ment gap between lower- and upper-income Whereas, Idaho has a diverse population immigration status, excessively burdening kids, increasing high school graduation whose contributions are vital to the state’s both foreign-born applicants and motor vehi- rates, and reducing crime; and economy, culture and civic character; and cle staff; and Whereas, Studies show that at-risk chil- Whereas, Idaho is proud of its tradition of Whereas, the REAL ID Act passed without dren who attend Head Start and high-quality protecting the civil rights and liberties of all sufficient deliberation by Congress and did child care are better prepared for school. For its residents, affirming the fundamental not receive a hearing by any congressional example, Head Start narrows the literacy rights of all people and providing more ex- committee or a vote solely on its own mer- skills gap by nearly half between children in pansive protections than are granted by the its, despite opposition from more than six poverty and all children. The research is Constitution of the United States; and hundred organizations; and clear that quality early childhood education Whereas, the federal REAL ID Act of 2005, Whereas, the REAL ID Act eliminated a programs work to prevent crime. In Ypsi- Public Law 109–13, creates a national identi- process of negotiated rulemaking initiated lanti, Michigan, three-and four-year-olds fication card by mandating federal standards under the Intelligence Reform and Terrorism from low-income families who were ran- for state driver’s licenses and identification Prevention Act of 2004, which had convened domly assigned to a group that did not re- cards and requires states to share their federal, state and local policymakers, pri- ceive preschool preparation were five times motor vehicle databases; and vacy advocates and industry experts to solve more likely to have become chronic Whereas, the REAL ID Act mandates the the problem of the misuse of identity docu- lawbreakers by age 27 than those who were documents that states must require to issue ments; and assigned to the High/Scope Educational Re- driver’s licenses and requires states to place Whereas, the REAL ID Act provides little search Foundation’s Perry Preschool pro- uniform information on every driver’s li- security benefit and leaves identification gram; and cense in a standard, machine-readable for- systems open to insider fraud, counterfeit Whereas, Currently, only about half of eli- mat; and documentation and database failures: Now, gible low-income children can attend Head Whereas, the REAL ID Act prohibits fed- therefore, be it Start due to state and federal funding limi- eral agencies and federally-regulated com- Resolved by the members of the First Regular tations, and even fewer infants and toddlers. mercial aircraft from accepting a driver’s li- Session of the Fifty-ninth Idaho Legislature, the Less than five percent of eligible children cense or identification card issued by a state House of Representatives and the Senate con- three years old and younger are able to par- that has not fully complied with the act; and curring therein, That we support the govern- ticipate in Early Head Start. Moreover, only Whereas, the REAL ID Act places a costly, ment of the United States in its campaign to one in seven eligible children in working, unfunded mandate on states, with initial es- secure our country, while affirming the com- low-income families receives help paying for timates for Idaho of more than thirty-nine mitment of the United States that this cam- quality child care through the Child Care million dollars with ongoing annual expenses paign not be waged at the expense of the es- and Development Block Grant. The combina- of an estimated nine million three hundred sential civil rights and liberties of the citi- tion of state and federal money for preschool thousand dollars and a national estimate of zens of this country; and be it further has helped Michigan reach two of three at- more than eleven billion dollars over the Resolved, That it is the policy of the state risk four-year-olds and one of five at-risk next five years; and of Idaho to oppose any portion of the REAL three-year-olds; and Whereas, the REAL ID Act requires the ID Act that violates the rights and liberties Whereas, Real dollar funding levels for creation of a massive public sector database guaranteed under the constitutions of the Head Start and child care have been cut for containing information on every American State of Idaho and the United States, includ- the last several years, falling far behind the that is accessible to all motor vehicle em- ing the Bill of Rights. Be it further

VerDate Aug 31 2005 04:03 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A17AP6.071 S17APPT1 jcorcoran on PROD1PC62 with SENATE April 17, 2007 CONGRESSIONAL RECORD — SENATE S4599 Resolved, That the Idaho Legislature shall recommendations for improvements in med- and second times by unanimous con- enact no legislation nor authorize an appro- ical equipment and facility upgrades to med- sent, and referred as indicated: priation to implement the provisions of the ical centers, for two years, the Senate has By Mr. KYL (for himself, Mr. MCCON- REAL ID Act in Idaho, unless such appro- fought hard to prevent the possible consoli- NELL, Mr. GRASSLEY, Mr. LOTT, Mr. priation is used exclusively for the purpose dation of the four existing Veterans Admin- ENSIGN, Mr. HATCH, Mr. THOMAS, Mr. of undertaking a comprehensive analysis of istration medical care facilities in the great- SMITH, Mr. BUNNING, Mr. CRAPO, Mr. the costs of implementing the REAL ID Act er Boston area into one ‘‘mega-plex’’, since ROBERTS, Mr. DEMINT, Mr. ALEX- or to mount a constitutional challenge to the negative impact of removing thousands ANDER, Mr. MARTINEZ, Mr. the act by the state Attorney General. Be it of veterans from their familiar health care CHAMBLISS, Mr. BROWNBACK, Mr. further environment and forcing them to change CRAIG, Mr. ALLARD, Mr. GRAHAM, Mr. Resolved, That the Idaho Legislature urges physicians would have consequences that ENZI, Mr. INHOFE, Mr. BURR, and Mr. the Idaho congressional delegation to sup- cannot be balanced by the creation of one COBURN): port measures to repeal the REAL ID Act. Be modernized facility: Now, therefore, be it S. 14. A bill to repeal the sunset on certain it further Resolved, That the Massachusetts Senate tax rates and other incentives and to repeal Resolved, That the Chief Clerk of the House hereby urges the President of the United the individual alternative minimum tax, and of Representatives be, and she is hereby au- States and Congress to address the Veterans for other purposes; to the Committee on Fi- thorized and directed to forward a copy of Affairs Budget in a timely manner, include nance. this Memorial to the President of the United in the 2008 budget the Veterans Affairs’ rec- By Mr. HARKIN (for himself, Mr. States George W. Bush, the United States ommendations for improvements in medical ISAKSON, Mr. BINGAMAN, and Mr. Attorney General Alberto Gonzales, the equipment and facility upgrades to all Mas- LIEBERMAN): President of the Senate and the Speaker of sachusetts Veterans Administration Medical S. 1120. A bill to amend the Public Health the House of Representatives of Congress, Centers and to provide mandatory funding Service Act to provide grants for the train- the Governor of Idaho C. L. Otter and the for the Department of Veterans Affairs ing of graduate medical residents in preven- congressional delegation representing the Health Care system so as to appropriately tive medicine and public health; to the Com- State of Idaho in the Congress of the United honor and facilitate the healing of our vet- mittee on Health, Education, Labor, and States. erans who selflessly risk their lives and well- Pensions. being to protect our freedom; and be it fur- By Mr. REED (for himself and Mr. POM–69. A resolution adopted by the Sen- ther COCHRAN): ate of the Legislature of the State of Massa- Resolved, That copies of these resolutions S. 1121. A bill to authorize the cancellation chusetts memorializing the President and be transmitted forthwith by the clerk of the of Perkins Loans for students who perform Congress to recommend more funding to the Senate to the President of the United States, public service as librarians in low-income Department of Veterans Affairs in the budg- the Presiding Officer of each branch of Con- schools and public libraries; to the Com- et for fiscal year 2008; to the Committee on gress and to the Members thereof from the mittee on Health, Education, Labor, and Veterans’ Affairs. Commonwealth. Pensions. RESOLUTION MEMORIALIZING GEORGE W. BUSH, POM–70. A resolution adopted by the Sen- By Mr. NELSON of Nebraska: PRESIDENT OF THE UNITED STATES, AND THE ate of the Legislature of the State of S. 1122. A bill to improve the calculation of UNITED STATES CONGRESS TO RECOMMEND Vermont urging Congress to enact legisla- highway mileage to medium and large hub MORE FUNDING TO THE DEPARTMENT OF tion to assure federal funding for veterans’ airports, and for other purposes; to the Com- VETERANS AFFAIRS IN THE FISCAL YEAR 08 health care; to the Committee on Veterans’ mittee on Commerce, Science, and Transpor- FEDERAL BUDGET. Affairs. tation. Whereas, President George W. Bush has By Ms. STABENOW: ENATE RESOLUTION 13 recommended 34.2 billion for the Department S S. 1123. A bill to provide an extension for of Veterans Affairs in his proposed fiscal Whereas, the United States Department of filing a refund for the excise tax on toll tele- year 08 budget, which is an inadequate ap- Veterans Affairs (VA) provides medical care phone service, and to provide for a safe har- propriation to adequately address the health for veterans, including men and women, who bor for businesses claiming such a refund; to of our veterans; and have risked their lives to protect the secu- the Committee on Finance. Whereas, while the Bush Administration rity of our nation, and By Mr. LEVIN (for himself and Mr. continues to tout its recommendation for an Whereas, Congress appropriates funding for COLEMAN): increase of $2 billion over the previous fiscal VA health care each year as part of the dis- S. 1124. A bill to amend the Internal Rev- year as a ‘‘landmark budget’’, the reality is cretionary federal budget, and enue Code of 1986 to simplify, modernize, and that this 6% increase is barely enough to ac- Whereas, each year’s federal budget for improve public notice of and access to tax count for the cost of inflation and cannot veterans’ health care has been very seriously lien information by providing for a national, fund the need for improvements in medical under-funded, and Internet accessible, filing system for Federal care and expansion of services; and Whereas, this serious and now chronic tax liens, and for other purposes; to the Com- Whereas, more than 27,000 service members shortfall affects the access to and the qual- mittee on Finance. ity of medical care services that the VA pro- have returned home to Massachusetts since By Mr. LOTT (for himself, Mr. CONRAD, vides for our veterans, and September 11, 2001, having faced a new type Mr. SMITH, Mr. COCHRAN, Mr. NELSON Whereas, the priority of serving veterans of warfare in the form of improvised explo- of Nebraska, Mr. GRAHAM, Mr. must be absolute and irrevocable, and must sive devices and are, upon return home, in ISAKSON, Mr. STEVENS, Mr. HAGEL, serve as the foundation for the VA and of our need of specialized services and care; and Ms. LANDRIEU, and Mr. CRAPO): Whereas, the United States Government nation’s public policy: Now, therefore, be it S. 1125. A bill to amend the Internal Rev- Resolved by the Senate, That the Senate of must provide to the Department of Veterans enue Code of 1986 to provide incentives to en- the State of Vermont urgently requests that Affairs all the tools available to make this courage investment in the expansion of Congress enact legislation to assure Federal specialized care available, particularly for freight rail infrastructure capacity and to funding for veterans’ health care, and be it head, spinal cord and sight injuries and the enhance modal tax equity; to the Committee further growing need for mental health services; and on Finance. Resolved, That Governor Douglas also re- Whereas, in 2006, the Veterans Health Ad- By Mr. LOTT (for himself, Ms. quest that Congress enact legislation to as- ministration’s Undersecretary for Health LANDRIEU, and Mr. COCHRAN): sure Federal funding for veterans’ health Policy and Coordination stated that some S. 1126. A bill to amend the Federal Water care, and be it further areas of the country did not have any mental Resolved, That the Secretary of the Senate Pollution Control Act to expand and health services available and that other be directed to send a copy of this resolution strengthen cooperative efforts to monitor, areas had such long wait times that certain to the Governor, the President, the Vice restore, and protect the resource produc- services were ‘‘virtually inaccessible’’; and President, Secretary of Veterans Affairs, tivity, water quality, and marine ecosystems Whereas, unfortunately, once again, Cat- James Nicholson; Speaker of the House, of the Gulf of Mexico; to the Committee on egory 8 Veterans, those veterans deemed Nancy Pelosi; House Minority Leader, John Environment and Public Works. ‘‘high income’’ veterans by the Veterans Ad- Boehner; Senate Majority Leader, Harry By Mr. LEVIN: S. 1127. A bill for the relief of Alexandrea ministration—some who make as little as Reid; Senate Minority Leader, Trent Lott; to S. Banks Desutter and Nicholas S. Banks $28,000 a year—and who have been ineligible the members of the Vermont Congressional Desutter; to the Committee on the Judici- to enroll in the Veterans Administration delegation; and to Vermont veterans organi- ary. Health Care System since 2003, may continue zations. to be shut out of the Veterans Administra- By Mr. DODD (for himself, Mr. COCH- tion Health Care Systen if funding is not in- f RAN, Mr. KENNEDY, Mr. STEVENS, Mr. creased, adding to the approximately 1 mil- INTRODUCTION OF BILLS AND BINGAMAN, Mr. KERRY, and Mr. lion Category 8 Veterans who have been JOINT RESOLUTIONS ROCKEFELLER): turned away since 2003; and S. 1128. A bill to amend the National and Whereas, while the Massachusetts State The following bills and joint resolu- Community Service Act of 1990 to establish a Senate has supported the Veterans Affairs’ tions were introduced, read the first Summer of Service State grant program, a

VerDate Aug 31 2005 04:03 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A17AP6.073 S17APPT1 jcorcoran on PROD1PC62 with SENATE S4600 CONGRESSIONAL RECORD — SENATE April 17, 2007 Summer of Service national direct grant through 13, 2007; to the Committee on Home- vania (Mr. CASEY) was added as a co- program, and related national activities, and land Security and Governmental Affairs. sponsor of S. 261, a bill to amend title for other purposes; to the Committee on By Mr. ENZI (for himself and Mr. 18, United States Code, to strengthen Health, Education, Labor, and Pensions. THOMAS): prohibitions against animal fighting, By Mr. SMITH (for himself and Mr. S. Res. 151. A resolution commending the BINGAMAN): University of Wyoming Cowgirls for their and for other purposes. S. 1129. A bill to amend the Internal Rev- championship victory in the Women’s Na- S. 294 enue Code of 1986 to modify the definition of tional Invitation Tournament; considered At the request of Mr. LAUTENBERG, governmental plan with respect to Indian and agreed to. the name of the Senator from Missouri By Mr. BUNNING (for himself, Mr. tribal governments; to the Committee on Fi- (Mrs. MCCASKILL) was added as a co- PRYOR, Mr. MCCONNELL, Mr. KERRY, nance. sponsor of S. 294, a bill to reauthorize By Mr. SMITH (for himself, Mrs. LIN- Mr. OBAMA, and Mr. CARDIN): Amtrak, and for other purposes. COLN, Ms. SNOWE, Ms. STABENOW, Mr. S. Res. 152. A resolution honoring the life- SCHUMER, Mr. LEVIN, Mr. KERRY, and time achievements of Jackie Robinson; con- S. 338 Mr. ROCKEFELLER): sidered and agreed to. At the request of Mr. CONRAD, the S. 1130. A bill to amend the Internal Rev- By Mr. REID: name of the Senator from Pennsyl- S. Res. 153. A resolution making temporary enue Code of 1986 to restore, increase, and vania (Mr. SPECTER) was added as a co- make permanent the exclusion from gross in- appointments to the Select Committee on Ethics; considered and agreed to. sponsor of S. 338, a bill to amend title come for amounts received under qualified XVIII of the Social Security Act to en- group legal services plans; to the Committee f sure and foster continued patient qual- on Finance. ADDITIONAL COSPONSORS By Ms. COLLINS: ity of care by establishing facility and S. 1131. A bill to amend the Cooperative S. 3 patient criteria for long-term care hos- Forestry Assistance Act of 1978 to establish a At the request of Mr. BAUCUS, the pitals and related improvements under program to provide assistance to States and name of the Senator from Florida (Mr. the Medicare program. nonprofit organizations to preserve suburban NELSON) was added as a cosponsor of S. S. 359 forest land and open space and contain sub- 3, a bill to amend part D of title XVIII At the request of Mr. KENNEDY, the urban sprawl; to the Committee on Agri- of the Social Security Act to provide culture, Nutrition, and Forestry. name of the Senator from New York By Ms. MURKOWSKI: for fair prescription drug prices for (Mrs. CLINTON) was added as a cospon- S. 1132. A bill to amend the Internal Rev- Medicare beneficiaries. sor of S. 359, a bill to amend the Higher enue Code of 1986 to allow Indian tribes to re- S. 170 Education Act of 1965 to provide addi- ceive charitable contributions of apparently At the request of Mr. ENSIGN, the tional support to students. wholesome food; to the Committee on Fi- name of the Senator from Texas (Mr. S. 387 nance. ORNYN C ) was added as a cosponsor of S. YDEN By Mr. AKAKA (for himself, Mr. BINGA- At the request of Mr. W , the 170, a bill to amend the Internal Rev- name of the Senator from Arkansas MAN, and Mr. DURBIN): enue Code of 1986 to repeal the excise S. 1133. A bill to provide additional protec- (Mr. PRYOR) was added as a cosponsor tions for recipients of the earned income tax tax on telephone and other commu- of S. 387, a bill to prohibit the sale by credit; to the Committee on Finance. nications services. the Department of Defense of parts for By Mr. NELSON of Nebraska (for him- S. 180 F–14 fighter aircraft. self and Mr. BROWNBACK): At the request of Mrs. HUTCHISON, the S. 399 S. 1134. A bill to maximize transparency name of the Senator from Tennessee At the request of Mr. BUNNING, the and accountability for direct appropriations (Mr. CORKER) was added as a cosponsor name of the Senator from Vermont to non-Federal entities, including those in- of S. 180, a bill to provide a permanent (Mr. LEAHY) was added as a cosponsor stances when Congress appropriates funds to deduction for State and local general a Federal agency specifically in order to con- of S. 399, a bill to amend title XIX of sales taxes. tract with a congressionally identified non- the Social Security Act to include po- S. 185 Federal entity; to the Committee on Home- diatrists as physicians for purposes of At the request of Mr. LEAHY, the land Security and Governmental Affairs. covering physicians services under the By Mr. SESSIONS: name of the Senator from Michigan Medicaid program. S. 1135. A bill to amend chapter 1 of title 9, (Mr. LEVIN) was added as a cosponsor of United States Code, to establish fair proce- S. 185, a bill to restore habeas corpus S. 479 dures for arbitration clauses in contracts; to for those detained by the United At the request of Mr. HARKIN, the the Committee on the Judiciary. States. name of the Senator from New Mexico By Mrs. MURRAY (for herself, Mr. (Mr. DOMENICI) was added as a cospon- S. 211 BROWN, and Mr. DODD): sor of S. 479, a bill to reduce the inci- At the request of Mrs. CLINTON, the S. 1136. A bill to promote the economic se- dence of suicide among veterans. curity and safety of victims of domestic vio- name of the Senator from Massachu- lence, dating violence, sexual assault, or setts (Mr. KENNEDY) was added as a co- S. 486 stalking, and for other purposes; to the Com- sponsor of S. 211, a bill to facilitate na- At the request of Mr. KENNEDY, the mittee on Finance. tionwide availability of 2–1–1 telephone name of the Senator from Wisconsin By Mr. MENENDEZ (for himself, Mr. service for information and referral on (Mr. FEINGOLD) was added as a cospon- BAUCUS, and Ms. CANTWELL): human services, volunteer services, and sor of S. 486, a bill to establish require- S. 1137. A bill to authorize grants to carry ments for lenders and institutions of out projects to provide education on pre- for other purposes. venting teen pregnancies, and for other pur- S. 221 higher education in order to protect poses; to the Committee on Health, Edu- At the request of Mr. GRASSLEY, the students and other borrowers receiving cation, Labor, and Pensions. name of the Senator from Illinois (Mr. educational loans. f DURBIN) was added as a cosponsor of S. S. 543 221, a bill to amend title 9, United At the request of Mr. NELSON of Ne- SUBMISSION OF CONCURRENT AND States Code, to provide for greater fair- braska, the name of the Senator from SENATE RESOLUTIONS ness in the arbitration process relating Utah (Mr. BENNETT) was added as a co- The following concurrent resolutions to livestock and poultry contracts. sponsor of S. 543, a bill to improve and Senate resolutions were read, and S. 254 Medicare beneficiary access by extend- referred (or acted upon), as indicated: At the request of Mr. ENZI, the names ing the 60 percent compliance thresh- By Mr. AKAKA (for himself, Mr. of the Senator from Florida (Mr. NEL- old used to determine whether a hos- VOINOVICH, Mr. LIEBERMAN, Ms. COL- SON) and the Senator from Delaware pital or unit of a hospital is an inpa- LINS, Mr. LEVIN, Mr. STEVENS, Mr. (Mr. CARPER) were added as cosponsors tient rehabilitation facility under the CARPER, Mr. WARNER, and Mr. LAU- of S. 254, a bill to award posthumously Medicare program. TENBERG): a Congressional gold medal to S. 566 S. Res. 150. A resolution expressing the sense of the Senate that public servants Constantino Brumidi. At the request of Mr. NELSON of Ne- should be commended for their dedication S. 261 braska, the name of the Senator from and continued service to the Nation during At the request of Ms. CANTWELL, the Michigan (Ms. STABENOW) was added as Public Service Recognition Week, May 7 name of the Senator from Pennsyl- a cosponsor of S. 566, a bill to amend

VerDate Aug 31 2005 02:55 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A17AP6.034 S17APPT1 jcorcoran on PROD1PC62 with SENATE April 17, 2007 CONGRESSIONAL RECORD — SENATE S4601 the Consolidated Farm and Rural De- (Mrs. CLINTON) was added as a cospon- Senator from Maine (Ms. SNOWE) and velopment Act to establish a rural en- sor of S. 773, a bill to amend the Inter- the Senator from Louisiana (Ms. trepreneur and microenterprise assist- nal Revenue Code of 1986 to allow Fed- LANDRIEU) were added as cosponsors of ance program. eral civilian and military retirees to S. 961, a bill to amend title 46, United S. 579 pay health insurance premiums on a States Code, to provide benefits to cer- At the request of Mr. HATCH, the pretax basis and to allow a deduction tain individuals who served in the name of the Senator from Arizona (Mr. for TRICARE supplemental premiums. United States merchant marine (in- MCCAIN) was added as a cosponsor of S. S. 805 cluding the Army Transport Service 579, a bill to amend the Public Health At the request of Mr. DURBIN, the and the Naval Transport Service) dur- Service Act to authorize the Director name of the Senator from Massachu- ing World War II, and for other pur- of the National Institute of Environ- setts (Mr. KENNEDY) was added as a co- poses. mental Health Sciences to make grants sponsor of S. 805, a bill to amend the S. 962 for the development and operation of Foreign Assistance Act of 1961 to assist At the request of Mr. BINGAMAN, the research centers regarding environ- countries in sub-Saharan Africa in the names of the Senator from Wyoming mental factors that may be related to effort to achieve internationally recog- (Mr. THOMAS), the Senator from Idaho the etiology of breast cancer. nized goals in the treatment and pre- (Mr. CRAIG), the Senator from Ten- S. 621 vention of HIV/AIDS and other major nessee (Mr. CORKER) and the Senator At the request of Mr. FEINGOLD, the diseases and the reduction of maternal from Louisiana (Ms. LANDRIEU) were name of the Senator from Maryland and child mortality by improving added as cosponsors of S. 962, a bill to (Mr. CARDIN) was added as a cosponsor human health care capacity and im- amend the Energy Policy Act of 2005 to of S. 621, a bill to establish commis- proving retention of medical health reauthorize and improve the carbon sions to review the facts and cir- professionals in sub-Saharan Africa, capture and storage research, develop- cumstances surrounding injustices suf- and for other purposes. ment, and demonstration program of fered by European Americans, Euro- the Department of Energy and for pean Latin Americans, and Jewish ref- S. 807 other purposes. ugees during World War II. At the request of Mrs. LINCOLN, the S. 970 S. 638 name of the Senator from Colorado At the request of Mr. ROBERTS, the (Mr. ALLARD) was added as a cosponsor At the request of Mr. SMITH, the names of the Senator from Delaware of S. 807, a bill to amend the Com- names of the Senator from Alabama (Mr. CARPER), the Senator from Mary- prehensive Environmental Response (Mr. SESSIONS), the Senator from Min- land (Mr. CARDIN) and the Senator from Compensation and Liability Act of 1980 nesota (Ms. KLOBUCHAR) and the Sen- Oklahoma (Mr. COBURN) were added as to provide that manure shall not be ator from Maine (Ms. COLLINS) were cosponsors of S. 638, a bill to amend the considered to be a hazardous substance, added as cosponsors of S. 970, a bill to Internal Revenue Code of 1986 to pro- pollutant, or contaminant. impose sanctions on Iran and on other vide for collegiate housing and infra- S. 831 countries for assisting Iran in devel- structure grants. At the request of Mr. DURBIN, the oping a nuclear program, and for other S. 667 name of the Senator from Oregon (Mr. purposes. At the request of Mr. BOND, the name WYDEN) was added as a cosponsor of S. S. 982 of the Senator from Maine (Ms. SNOWE) 831, a bill to authorize States and local At the request of Mrs. CLINTON, the was added as a cosponsor of S. 667, a governments to prohibit the invest- name of the Senator from Wisconsin bill to expand programs of early child- ment of State assets in any company (Mr. KOHL) was added as a cosponsor of hood home visitation that increase that has a qualifying business relation- S. 982, a bill to amend the Public school readiness, child abuse and ne- ship with Sudan. Health Service Act to provide for inte- glect prevention, and early identifica- S. 902 gration of mental health services and tion of developmental and health At the request of Mr. HARKIN, the mental health treatment outreach delays, including potential mental name of the Senator from Minnesota teams, and for other purposes. health concerns, and for other pur- (Ms. KLOBUCHAR) was added as a co- S. 991 poses. sponsor of S. 902, a bill to provide sup- At the request of Mr. DURBIN, the S. 675 port and assistance for families of names of the Senator from Delaware At the request of Mr. HARKIN, the members of the National Guard and (Mr. CARPER) and the Senator from name of the Senator from Arkansas Reserve who are undergoing deploy- Maine (Ms. COLLINS) were added as co- (Mrs. LINCOLN) was added as a cospon- ment, and for other purposes. sponsors of S. 991, a bill to establish sor of S. 675, a bill to provide competi- S. 911 the Senator Paul Simon Study Abroad tive grants for training court reporters At the request of Mr. BUNNING, his Foundation under the authorities of and closed captioners to meet require- name was added as a cosponsor of S. the Mutual Educational and Cultural ments for realtime writers under the 911, a bill to amend the Public Health Exchange Act of 1961. Telecommunications Act of 1996, and Service Act to advance medical re- S. 1018 for other purposes. search and treatments into pediatric At the request of Mr. DURBIN, the S. 742 cancers, ensure patients and families name of the Senator from Rhode Island At the request of Mrs. MURRAY, the have access to the current treatments (Mr. WHITEHOUSE) was added as a co- name of the Senator from Maryland and information regarding pediatric sponsor of S. 1018, a bill to address se- (Mr. CARDIN) was added as a cosponsor cancers, establish a population-based curity risks posed by global climate of S. 742, a bill to amend the Toxic Sub- national childhood cancer database, change and for other purposes. stances Control Act to reduce the and promote public awareness of pedi- health risks posed by asbestos-con- S. 1040 taining products, and for other pur- atric cancers. At the request of Mr. SHELBY, the poses. S. 958 name of the Senator from Idaho (Mr. S. 761 At the request of Mr. SESSIONS, the CRAIG) was added as a cosponsor of S. At the request of Mr. REID, the name name of the Senator from Ohio (Mr. 1040, a bill to repeal the current Inter- of the Senator from Mississippi (Mr. BROWN) was added as a cosponsor of S. nal Revenue Code and replace it with a COCHRAN) was added as a cosponsor of 958, a bill to establish an adolescent lit- flat tax, thereby guaranteeing eco- S. 761, a bill to invest in innovation eracy program. nomic growth and greater fairness for and education to improve the competi- S. 961 all Americans. tiveness of the United States in the At the request of Mr. NELSON of Ne- S. 1055 global economy. braska, the names of the Senator from At the request of Mr. BIDEN, the S. 773 Arkansas (Mrs. LINCOLN), the Senator name of the Senator from Delaware At the request of Mr. WARNER, the from Maryland (Ms. MIKULSKI), the (Mr. CARPER) was added as a cosponsor name of the Senator from New York Senator from Ohio (Mr. BROWN), the of S. 1055, a bill to promote the future

VerDate Aug 31 2005 02:55 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A17AP6.036 S17APPT1 jcorcoran on PROD1PC62 with SENATE S4602 CONGRESSIONAL RECORD — SENATE April 17, 2007 of the American automobile industry, MARTINEZ) was added as a cosponsor of cans are willing to work harder and be and for other purposes. amendment No. 874 intended to be pro- more productive in their labor, thus S. 1085 posed to S. 372, an original bill to au- creating more new goods and services At the request of Mr. THUNE, the thorize appropriations for fiscal year at lower costs. Americans will continue name of the Senator from Maine (Ms. 2007 for the intelligence and intel- to be productive and contribute to our SNOWE) was added as a cosponsor of S. ligence-related activities of the United strong economy if we reject marginal 1085, a bill to require air carriers to States Government, the Intelligence tax rate increases on the income they publish customer service data and Community Management Account, and earn. Studies have shown that people flight delay history. the Central Intelligence Agency Re- really do work more if the tax imposed on their extra labor is relatively low. S. 1092 tirement and Disability System, and Arizona State University’s distin- At the request of Mr. HAGEL, the for other purposes. guished economics professor, Dr. Ed- names of the Senator from Hawaii (Mr. AMENDMENT NO. 875 ward Prescott, won a Nobel Prize in ec- INOUYE) and the Senator from New At the request of Mr. CHAMBLISS, the onomics for research that proved this Mexico (Mr. DOMENICI) were added as name of the Senator from Florida (Mr. theory. cosponsors of S. 1092, a bill to tempo- MARTINEZ) was added as a cosponsor of It’s interesting that the big invest- rarily increase the number of visas amendment No. 875 intended to be pro- ment bank, Goldman Sachs, studied which may be issued to certain highly posed to S. 372, an original bill to au- what would happen if taxes increase skilled workers. thorize appropriations for fiscal year 2007 for the intelligence and intel- across-the-board, as is scheduled to S. 1114 ligence-related activities of the United happen in 2011 when the various tax At the request of Mrs. FEINSTEIN, the States Government, the Intelligence rates and other provisions enacted name of the Senator from Maryland Community Management Account, and since 2001 expire. The short answer is (Ms. MIKULSKI) was added as a cospon- the Central Intelligence Agency Re- an immediate recession—a recession sor of S. 1114, a bill to reiterate the ex- tirement and Disability System, and that would not be avoided even if the clusivity of the Foreign Intelligence for other purposes. Federal Reserve acted to cut interest Surveillance Act of 1978 as the sole au- f rates. This study demonstrates very thority to permit the conduct of elec- clearly why Congress cannot allow this tronic surveillance, to modernize sur- STATEMENTS ON INTRODUCED tax hike to happen. veillance authorities, and for other BILLS AND JOINT RESOLUTIONS The President proposed in his fiscal purposes. By Mr. KYL (for himself, Mr. year 2008 budget to make the tax rates S. CON. RES. 22 MCCONNELL, Mr. GRASSLEY, Mr. and many other tax incentives enacted At the request of Mr. DURBIN, the LOTT, Mr. ENSIGN, Mr. HATCH, since 2001 permanent. In marked con- name of the Senator from Hawaii (Mr. Mr. THOMAS, Mr. SMITH, Mr. trast, Democrats have produced budget INOUYE) was added as a cosponsor of S. BUNNING, Mr. CRAPO, Mr. ROB- resolutions in both the House and the Con. Res. 22, a concurrent resolution ERTS, Mr. DEMINT, Mr. ALEX- Senate that assume all of these tax expressing the sense of the Congress ANDER, Mr. MARTINEZ, Mr. policies will expire and taxes will in- that the Citizens’ Stamp Advisory CHAMBLISS, Mr. BROWNBACK, crease dramatically for virtually every Committee should recommend to the Mr. CRAIG, Mr. ALLARD, Mr. American. In fact, the average family Postmaster General that a commemo- GRAHAM, Mr. ENZI, Mr. INHOFE, will see its taxes increase by about rative postage stamp be issued to pro- Mr. BURR, and Mr. COBURN): $3,675 if the Democrats are successful mote public awareness of Down syn- S. 14. A bill to repeal the sunset on in canceling the tax relief. Today, Sen- drome. certain tax rates and other incentives ate Republicans are going on the S. RES. 118 and to repeal the individual alternative record in support of making these im- At the request of Mr. LEVIN, the minimum tax, and for other purposes; portant tax policies permanent and in name of the Senator from California to the Committee on Finance. opposition to plans by Democrats to (Mrs. FEINSTEIN) was added as a co- Mr. KYL. Mr. President, today, on allow these tax increases to occur. sponsor of S. Res. 118, a resolution urg- behalf of the Senate Republican leader- Our legislation underscores our coming the Government of Canada to end ship, I am introducing the Invest in mitment to American families and to a the commercial seal hunt. America Act, a comprehensive set of strong American economy by preventing the largest tax increase in S. RES. 123 legislative proposals that are designed keep American families and the Amer- American history. We believe that At the request of Mr. DEMINT, the American families pay enough in names of the Senator from Nevada (Mr. ican economy on the path of continued prosperity by preventing—the largest taxes—indeed, revenues are running ENSIGN), the Senator from Arizona (Mr. tax increase in our Nation’s history—a above historical levels. The Invest in MCCAIN), the Senator from Wyoming tax increase that is scheduled to hap- America Act makes all of the current- (Mr. ENZI), the Senator from Florida pen in 2011 if Congress fails to extend law tax rates permanent so that no (Mr. MARTINEZ) and the Senator from current tax policies. American family faces an automatic Missouri (Mrs. MCCASKILL) were added The American economy is the envy of tax hike in 2011. I want to underscore as cosponsors of S. Res. 123, a resolu- the developed world. Our unemploy- that Republicans believe that no Amer- tion reforming the congressional ear- ment rate is just 4.4 percent, and 7.8 ican family should face a tax in- mark process. million new jobs have been created crease—not young people just entering AMENDMENT NO. 873 since mid–2003. Not only are more the job market and other lower-income At the request of Mr. CHAMBLISS, the Americans working than ever before, Americans who are benefiting so sub- name of the Senator from Florida (Mr. but the benefits of our growing econ- stantially from the 10 percent bracket; MARTINEZ) was added as a cosponsor of omy are broadly shared by all Ameri- not middle-income families; and not amendment No. 873 intended to be pro- cans. Real, inflation-adjusted wages more successful Americans, including posed to S. 372, an original bill to au- rose 2.2 percent in the last 12 months— the almost 80 percent of taxpayers in thorize appropriations for fiscal year faster than the average rate of the late the top bracket who report small busi- 2007 for the intelligence and intel- 1990s. This meant an extra $1,279 in the ness income. ligence-related activities of the United past year for the typical family with Our legislation also invests in Amer- States Government, the Intelligence two wage earners. To keep our econ- ican families by making the $1,OOO- Community Management Account, and omy growing on this strong and sus- per-child tax credit, the marriage pen- the Central Intelligence Agency Re- tainable path, we must avoid tax in- alty relief, and the other components tirement and Disability System, and creases that could damage our econ- of the Economic Growth and Tax Relief for other purposes. omy. Reconciliation Act—EGTRRA—of 2001 AMENDMENT NO. 874 America’s economy has been growing permanent. American moms and dads At the request of Mr. CHAMBLISS, the at a strong and sustainable pace due in face an enormous and unexpected re- name of the Senator from Florida (Mr. large measure to the fact that Ameri- duction in the child tax credit in 2011,

VerDate Aug 31 2005 04:03 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A17AP6.037 S17APPT1 jcorcoran on PROD1PC62 with SENATE April 17, 2007 CONGRESSIONAL RECORD — SENATE S4603 when the child tax credit is scheduled tered from the AMT demonstrate what rely on their investment income. Ac- to be cut in half. Republicans know happens when Congress tries to target cording to statistics calculated by the that the child tax credit helps count- a tax specifically at the ‘‘wealthy’’—we Joint Committee on Taxation, the vast less parents offset some of the costs as- almost always end up hitting the broad majority of elderly taxpayers who re- sociated with raising their children, swath of middle-income families. The port capital gains and dividends in- and we know that reducing the credit AMT was never intended to hit middle- come have incomes under $100,000. by 50 percent will be a terrible blow to income taxpayers, and Congress ought In addition to reducing tax rates to many families. That’s why Republicans to repeal it before it imposes unneces- encourage more business investment, support making the current $1,000 per- sary and unexpected taxes on more and Congress also significantly increased child tax credit permanent. more families. the amount of investment that small Married couples will face an unwel- Republicans understand that, in addi- businesses may expense in a given come surprise when the marriage pen- tion to not raising taxes on families, year. This has helped countless small alty relief expires. The marriage pen- we cannot take our strong and dy- businesses expand their operations by alty relief the Republicans enacted is namic economy for granted; we believe making the purchase of new equipment aimed squarely at middle-income fami- we must invest in American competi- more cost-effective. Unfortunately, lies because the relief is only provided tiveness. While our legislation should these increased levels are only in effect for the standard deduction and the 15- not be viewed as a comprehensive ap- through 2009. Small businesses create percent bracket. Republicans believe proach to improving American com- most new jobs in the U.S. and comprise there is no reason a married couple petitiveness, we believe a necessary half of our private gross domestic prod- should face a higher tax burden than first step is to prevent tax increases uct, so the Invest in America Act pro- they would as two single taxpayers, that will surely hurt America’s com- poses to make the enhanced small busi- and so we propose to invest in Amer- petitive position in the world economy. ness expensing levels permanent. ican families by making the marriage Specifically, the Invest in America Act While low tax rates on income and penalty relief permanent. makes permanent the current tax rates investments are essential to keeping The Invest in America Act under- for capital gains and dividends; it America competitive, Republicans scores our commitment to investing in makes the increased expensing know that many countries around the America’s future by making the impor- amounts available for small businesses world are specifically and aggressively tant education-related tax benefits en- permanent; and it makes permanent working to attract some of the most acted in recent years permanent. This the newly-enhanced research and devel- high-quality jobs and economic activi- will help countless middle-income opment tax credit. ties available: research and develop- Americans afford higher education America cannot expect to be the ment. America hinders its ability to costs. Our legislation invests in Amer- home for worldwide capital markets if attract and retain R&D here because ica’s future by extending the tuition it is hostile to American investors, so the tax incentives we give to encourage deduction, extending the modifications the Invest in America Act makes the R&D are not permanent law, but must to Coverdell education savings ac- existing tax rates for long-term capital be extended every year or so. This counts, extending certain provisions gains and for qualified dividends per- makes it very difficult for companies for the student loan interest deduction, manent. These lower tax rates imple- to commit to large-scale R&D invest- and extending the exclusion for em- mented in 2003 and extended in 2006 ments in the U.S., when other coun- ployer-provided educational assistance. have encouraged investors of all in- tries are offering permanent or longer- We also propose to permanently extend come categories to put their money to term tax incentives. To ensure that the $250 deduction for expenses of ele- work in the markets, generating solid America remains the most attractive mentary and secondary school teach- returns for American investors and place for R&D, the Invest in America ers. providing much needed capital for Act makes the R&D tax credit perma- Republicans also believe that parents American businesses to grow and cre- nent. ought to be able to pass on the fruits of ate new jobs. It has been 4 years since The Invest in America Act also ac- their labor to their children without these lower rates were enacted-long knowledges that the U.S. tax system the Federal death tax confiscating half enough for us to determine once and imposes a costly and frustrating bur- of their estate, above a small exemp- for all that lower rates really do en- den on taxpayers, with filers spending tion amount. The death tax hits family courage increased economic activity. an average 30 hours to complete the businesses and family farms and Growth since the 2003 tax relief has typical Form 1040. Six in ten Ameri- ranches the hardest because the owners averaged more than 3.5 percent, while cans opt instead to hire a professional. are often not wealthy families, but it averaged just 1.3 percent from the The billions of dollars spent each year rather have most of their assets tied up first quarter of 2001 through the second simply complying with the tax system in the value of the business or the quarter of 2003. The Dow Jones Indus- could be put to a much better, and value of the land. And while the death trial Average has risen by 40 percent more economically beneficial, use. The tax hurts families, it also hurts our since the lower investment tax rates Invest in America Act expresses the economy if it forces family businesses were enacted. The average 401(k) bal- Sense of the Senate that the Finance to close down, eliminating good-paying ance has risen by about 65 percent Committee should report tax sim- jobs in the process. Under current law, since 2003. All of this investment activ- plification legislation by the end of the the death tax is repealed in 2010, but ity makes it easier for entrepreneurs year to make the tax system fair, springs back to life in 2011, when more and businesses to raise funds to expand transparent, and efficient, without than 131,000 families will have to file and grow their businesses, create more raising tax rates. estate tax returns in that year alone. jobs, and improve standards of living Finally, I want to address the effect Americans pay taxes throughout their around the country. all of the tax changes have had on our lives, and Republicans believe they It’s interesting to note that, while budget deficit and to dispute the no- should not have more than half of their the conventional wisdom is that these tion that Congress must raise taxes assets taken in taxes at death too, so lower investment tax rates only benefit elsewhere if we are going to make ex- the Invest in America Act makes re- ‘‘the rich,’’ half of all Americans own isting tax rates and incentives perma- peal of the death tax permanent. shares of stock, either on their own or nent and repeal the AMT. It is impor- The Invest in America Act goes be- in their retirement savings. In fact, tant for all Americans to know that all yond the 2001 and 2003 tax relief laws most of the Americans who are bene- of the additional tax revenue flowing and also repeals—once and for all—the fiting from these lower rates are mid- into the Treasury from our growing individual Alternative Minimum Tax dle-income taxpayers. Moreover, the economy, hardworking Americans, and (AMT). If you go by rhetoric alone, current 5 percent rate, which is avail- from profitable investments has caused there is overwhelming bipartisan sup- able for the lower-income investors and our budget deficit to shrink below 2 port in Congress for repealing the drops to zero in 2008, is a sometimes- percent of GDP—well below its histor- AMT. But, American taxpayers want forgotten benefit, but it is especially ical average. If we stay on our current action. The problems we have encoun- important to our senior citizens who progrowth path, reject tax increases,

VerDate Aug 31 2005 02:55 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A17AP6.043 S17APPT1 jcorcoran on PROD1PC62 with SENATE S4604 CONGRESSIONAL RECORD — SENATE April 17, 2007 and impose reasonable restraints on The LIBRARIAN Act amends the (2) in paragraph (3)(A)(i), by striking out spending growth, we will balance the Higher Education Act to provide for ‘‘(H), or (I)’’ and inserting ‘‘(H), (I), or (J)’’. budget by 2012, if not sooner. Perkins loan forgiveness to individuals (b) EFFECTIVE DATE.—The amendments As for the notion that Congress must made by subsection (a) shall apply with re- with master’s degrees in library spect to any year of service that is com- ‘‘pay for’’ tax relief with tax increases, science who become librarians in low- pleted after the date of enactment of this I would note that the official estimates income schools and public libraries. Li- Act. about how much certain tax provisions brarians working full-time in low-in- will ‘‘cost’’ the Treasury are just that, come areas would qualify for up to 100 By Mr. LEVIN (for himself and estimates. And they often prove to be percent Perkins loan forgiveness de- Mr. COLEMAN): wrong. For example, since 2003, the pending on the number of years they S. 1124. A bill to amend the Internal Treasury has collected $133 billion serve. Revenue Code of 1986 to simplify, mod- more in capital gains revenue than was Libraries and librarians play an es- ernize, and improve public notice of originally projected by the Congres- sential role in our schools and commu- and access to tax lien information by sional Budget Office; revenues have ex- nities; this legislation aims to provide providing for a national, Internet ac- ceeded official CBO projections by 68 the same support to librarians as other cessible, filing system for Federal tax percent. Second, the concept of requir- public service workers receive, includ- liens, and for other purposes; to the ing corresponding tax increases falsely ing teachers working in low-income Committee on Finance. assumes that the Government is enti- schools, Head Start staff, law enforce- Mr. LEVIN. Mr. President, today is tled to the revenue, when it really be- ment officials, and nurses or medical the day that millions of Americans longs to the American people. Third, technicians. across this country perform an impor- revenues are running above their his- Today we celebrate National Library tant civic duty by paying their taxes. torical average of about 18.2 percent Workers Day, a day to recognize the It is also a day when many Members of and are projected to continue increas- valuable contributions made by librar- Congress take the time to reflect on ing even if we make the current tax ians and others who work in libraries. the state of the Federal tax system and structure permanent, as we propose in With this legislation, we have an op- consider how we can strengthen it, the Invest in America Act. If we raise portunity to encourage more individ- simplify it, make it more fair, and, in taxes in order to extend the tax poli- uals to pursue the field of library a responsible way, ease the tax burden cies, we will be taking even more re- science and retain those skilled librar- on our citizens. sources out of the private sector and ians who are already serving in our Earlier this year, I introduced the spending them on government pro- low-income schools and communities. Stop Tax Haven Abuse Act, S. 681, to grams, which will certainly damage I was pleased that the text of this bill strengthen our tax system. That bipar- our economy. To protect our growing was included in the Higher Education tisan bill, which I introduced with my economy, I believe we must ensure that Act reauthorization bill approved by colleagues, Senators NORM COLEMAN revenues, as a percentage of our econ- the Senate Health, Education, Labor, and BARACK OBAMA, targets out- omy, do not rise much above their cur- and Pensions Committee last Congress. rageous, offshore tax abuses that drain rent level. I will again press for its inclusion in $100 billion each year from the U.S. I am pleased to be the lead sponsor of the reauthorization bill the Committee Treasury at the expense of honest, this important legislation that under- is currently working to develop. I urge hardworking American families who scores the commitment of the Senate my colleagues to join us in this endeav- pay their fair share. Offshore tax Republican leadership to investing in or by cosponsoring the LIBRARIAN abuses eat away at the foundations of American families, America’s future, Act. our tax system, draining billions in tax and American competitiveness. Amer- I ask unanimous consent that the revenue, diverting substantial IRS en- ica’s economy is growing at a strong text of this bill be printed in the forcement resources, and demoralizing and sustainable level, to the benefit of RECORD. honest taxpayers who play by the all American families, but this growth There being no objection, the bill was rules. S. 681 offers a host of provisions will not continue if we unwisely allow ordered to be printed in the RECORD, as to stop offshore abuses, and I urge my taxes to be increased on work, savings, follows: colleagues to take a serious look at and investment—the very engines of S. 1121 that legislation on this tax day. If en- economic growth. Be it enacted by the Senate and House of Rep- acted, it would make our tax system resentatives of the United States of America in more effective, more fair, and more By Mr. REED (for himself and Congress assembled, productive. It deserves to be enacted Mr. COCHRAN): SECTION 1. SHORT TITLE. into law this year. S. 1121. A bill to authorize the can- This Act may be cited as the ‘‘Librarian Stopping offshore tax abuse, how- cellation of Perkins Loans for students Incentive to Boost Recruitment and Reten- ever, is far from the only tax problem who perform public service as librar- tion in Areas of Need Act of 2007’’ or the ‘‘LI- that needs to be addressed if we are to ians in low-income schools and public BRARIAN Act’’. achieve a fair and cost effective tax libraries; to the Committee on Health, SEC. 2. LOAN CANCELLATION. system. So today, I am introducing (a) AMENDMENTS.—Section 465(a) of the Education, Labor, and Pensions. Higher Education Act of 1965 (20 U.S.C. with Senator COLEMAN legislation of- Mr. REED. Mr. President, I am joined 1087ee(a)) is amended— fering a cure to a completely different by Mr. COCHRAN in introducing impor- (1) in paragraph (2)— tax problem. The target of this legisla- tant legislation, the Librarian Incen- (A) by striking ‘‘section 111(c)’’ in subpara- tion is better administration of Federal tive to Boost Recruitment and Reten- graph (A) and inserting ‘‘section 1113(a)(5)’’; tax liens. tion in Areas of Need (LIBRARIAN) (B) by striking ‘‘or’’ at the end of subpara- It has been 40 years since Congress Act, to support our Nation’s librarians. graph (H); made any significant changes to the This legislation is also being intro- (C) by striking the period at the end of sub- laws regulating how the Internal Rev- paragraph (I) and inserting ‘‘; or’’; and enue Service (IRS) files Federal tax duced in the other body by Representa- (D) by inserting after subparagraph (I) the tive BECERRA, along with Representa- following new subparagraph: liens and makes them public. Right tives GRIJALVA, EHLERS, and SHIMKUS. ‘‘(J) as a full time librarian, if the librar- now, outdated laws are forcing the IRS Public libraries and schools across ian has a master’s degree in library science to waste taxpayer dollars on an old- the Nation are experiencing a shortage and is employed in— fashioned, inefficient, and burdensome of librarians. Approximately 25 percent ‘‘(i) an elementary school or secondary paper tax lien filing system that should of America’s school libraries do not school that is eligible for assistance under be replaced by a modernized electronic have a State certified library media title I of the Elementary and Secondary Edu- filing system capable of operating at a specialist on staff and with more than cation Act of 1965; or fraction of the cost. It is time to bring ‘‘(ii) a public library that serves a geo- three in five librarians becoming eligi- graphic area that contains 1 or more schools the Federal tax lien system into the ble for retirement in the next decade eligible for assistance under title I of the El- 21st century. That’s why I am intro- this shortage is anticipated to only ementary and Secondary Education Act of ducing today, along with Senator worsen. 1965.’’; and COLEMAN, the Tax Lien Simplification

VerDate Aug 31 2005 02:55 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A17AP6.045 S17APPT1 jcorcoran on PROD1PC62 with SENATE April 17, 2007 CONGRESSIONAL RECORD — SENATE S4605 Act, which will simplify the process of to be corrected, or a related certificate local filings. It would establish the pri- recording tax liens at an estimated of discharge, subordination, or non- ority of Federal tax liens according to ten-year cost savings of over half a bil- attachment needs to be filed, or when a the date and time that the relevant no- lion dollars, while at the same time tax liability has been resolved and the tice was filed in the national registry, improving taxpayer service by speeding IRS wants to release a lien. Each usu- in the same way that priorities are cur- up the release of liens after taxes are ally requires a paper filing in one or rently established from the date and paid. more local recording offices. If a paper time of filing in local recording offices. Tax liens are a principal way to col- filing is lost or misplaced, the IRS The bill would also shorten the time al- lect payment from persons who are de- often has to send an employee in per- lowed to release a tax lien, after the re- linquent in paying their taxes. By law, son to deal with the problem, adding lated tax liability has been resolved, Federal tax liens arise automatically travel costs to other administrative ex- from 30 days to 10 days. ten days after a taxpayer’s failure to penses. To establish this new electronic fil- pay an assessed tax. The lien automati- The paper filing system imposes ing system, the bill would give the cally attaches to the taxpayer’s real similar burdens on other persons deal- Treasury Secretary express authority and personal property and remains in ing with the tax lien system. Any per- to issue regulations or other guidance effect until the tax is paid. However, son who is the subject of a tax lien, for governing the establishment and main- the tax lien is not effective against example, or who is a creditor trying to tenance of the registry. Among other other creditors owed money by the locate a tax lien, is required to make a obligations, Treasury would be re- same taxpayer, until a notice of the physical trip to one or more local required to ensure that the registry was Federal tax lien is publicly recorded. cording offices to search the documents secure and prevent data tampering. In Generally, between competing credi- and see if a lien has been filed. Cur- addition, prior to the implementation tors, the first to file notice has pri- rently, there is no central database of of the national registry, the Treasury ority, so the filing of tax lien notices is locally filed tax liens that can be Secretary would be required to review very important to the government and accessed by any member of the public the information currently included in to the taxpaying public if taxes are to or by any taxpayer that is the subject public tax lien filings to determine be collected from persons who don’t of a federal tax lien. Not even IRS per- whether any of that information pay them. sonnel have access to such a tax lien should be excluded or protected from Current law requires the IRS to file database. It does not exist. disclosure on the Internet. For exam- public notices of Federal tax liens in The result is an inefficient, costly, ple, the Treasury Secretary would be State, county, or city recording offices and burdensome paper filing system expected to prevent the disclosure of around the country. There are cur- that can and should be completely re- social security numbers that are currently more than 4,100 of these local re- vamped. Businesses across the country rently included in many public tax lien cording offices, many of which have de- learned long ago that electronic filing filings, but if disclosed on the Internet, veloped specific rules regulating how systems outperform paper; they save could facilitate identity theft. While such liens must be formatted and filed personnel costs, material costs, time, such identifying information could in their jurisdictions. This patchwork and client frustration. Government continue to be included in a tax lien system developed more by default than agencies have learned the same thing filing to ensure that the filing is di- by plan, because those local offices as they have moved to electronic data- rected toward the correct person, the were where documents affecting title bases and recordkeeping, including sys- registry could be constructed to pre- to real property, judgments, and other tems made available to the public on vent such information from being dis- lien and security interest documents the Internet. Among the many exam- closed publicly and to instead provide had always been filed. ples of government-sponsored, Inter- such information only upon request In 1966, to help the IRS comply with net-based systems currently in oper- from appropriate persons involved in a proliferating set of local filing rules ation are the contractor registry oper- the enforcement of the tax lien or col- for Federal tax liens, Congress passed ated by the General Services Adminis- lection of the tax debt. By requiring the Tax Lien Act to standardize cer- tration to allow persons to register to this information review prior to imple- tain practices. This act provided, for bid on federal contracts, the license menting the national tax lien registry, example, that liens against real estate registry operated by the Federal Com- the bill is expected to provide greater had to be filed where the property was munications Commission to allow the protection of some taxpayer informa- located, and required each State to des- public to search radio licenses, and the tion than occurs in current tax lien fil- ignate a single place to file Federal tax registry operated by the U.S. Patent ings. liens applicable to personal property. and Trademark Office to allow the pub- The bill would require the Treasury Most States subsequently adopted a lic to search currently registered pat- Secretary to establish a functioning version of the Uniform Tax Lien Filing ents and trademarks. Each of these tax lien registry by January 1, 2009, but Act, enabling the IRS to file a notice of systems has saved taxpayer money, would also allow the IRS to continue tax lien in each locality where the tax- while improving service to the public. to use the existing paper-based tax lien payer’s real estate is located, and a sin- Just as government agencies gave up filing system, in parallel with the new gle notice where the taxpayer resides the horse and buggy for the auto- system, for an appropriate period to to reach any personal property. For mobile, it is time for the IRS to move ensure a smooth transition. The IRS corporations, States typically require from a decentralized, paper-based tax has indicated that it would be able to the IRS to file a notice to attach real lien filing system to an electronic na- establish an electronic tax lien filing estate in each locality where the real tional tax lien registry. But the IRS’ system within the specified time pe- estate is located, and a separate notice, hands are tied, until the Congress riod. usually at the State level, to attach changes the laws holding back mod- Moving to a centralized, electronic other types of property. There are ernization of the federal tax lien filing tax lien filing system, an Internet- often additional rules for trusts and system. based National Registry of tax liens, partnerships. The end result of the law The bill we are introducing today would accomplish at least three objec- was to reduce some but not all of the would make the changes necessary to tives. It would save taxpayer dollars, multiple sets of rules regulating the enable the IRS to take immediate steps speed the process for filing and releas- local filing of Federal tax liens. to simplify and modernize the Federal ing tax liens, and simplify the process In addition, in most cases, the IRS tax lien filing system. The operative for researching Federal tax liens for continued to have to physically file the provisions would require the IRS to taxpayers and creditors. tax lien in the appropriate local re- create a national registry for the filing The IRS estimates that moving from cording office. In most cases, that fil- of tax lien notices as an electronic a paper-based, locally filed tax lien sys- ing is accomplished by mail. Some ju- database that is Internet accessible tem to an Internet-based, Federal tax risdictions also allow electronic filings, and searchable by the public at no cost. lien filing system would save about but those jurisdictions are few and far It would mandate the use of this sys- $570 million over 10 years. That’s half a between. The same is true if a lien has tem in place of the existing system of billion dollars in cost savings. These

VerDate Aug 31 2005 02:55 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G17AP6.021 S17APPT1 jcorcoran on PROD1PC62 with SENATE S4606 CONGRESSIONAL RECORD — SENATE April 17, 2007 savings would come from the elimi- ducing the possibility for mistakes and dress, the type of tax, the tax period, and nation of State filing fees, IRS per- speeding up the release of liens for tax- when Treasury determines it is feasible, by sonnel costs, travel costs related to payers who have paid. Modernizing our the affected property. local filing problems, and the cost of tax lien filing system makes sense in Subsection (d)(2) would require Treasury to lost taxes whenever the IRS makes an every way. I urge my colleagues to join issue regulations or other guidance for the maintenance and use of the registry, and to error or a tax lien filing is misplaced or Senator COLEMAN and myself in enact- secure the registry and prevent data tam- delayed. Filing fees, for example, vary ing this bill into law this year. pering. Prior to the implementation of the widely from state to state, but typi- I ask unanimous consent to print in registry, the Treasury Secretary would be cally cost at least $10 per filing, and in the RECORD following these remarks a required to review the information currently some States cost as much as $150. If a section-by-section analysis of the bill. provided in public tax lien filings to deter- taxpayer has real estate in multiple ju- There being no objection, the sum- mine whether any of that information should risdictions, those costs multiply. Per- mary was ordered to be printed in the be excluded or protected from public viewing in the National Registry. sonnel costs include the IRS service RECORD, as follows: Subsection (e) would establish a transition center staff that is currently charged The Tax Lien Simplification Act intro- with filing tax liens nationwide and rule for the move from the existing paper- duced by Senators Levin and Coleman con- based tax lien filing system to the National complying with the myriad filing rules tains the following provisions. Registry. It would authorize the Treasury in effect in the 4,100 recording offices SECTION 1 Secretary to issue regulations allowing for across the country. Additional antici- The short title of the bill is the ‘‘Tax Lien the continued filing of notices in state and pated savings would come from reduced Simplification Act.’’ local offices for ‘‘an appropriate period to mailing and travel costs. SECTION 2 permit an orderly transition’’ to the Na- Electronic filing would not only save tional Registry. Section 2 contains the findings and purpose money, it would improve taxpayer of the bill. It finds that the current federal Subsection (f) would require Treasury to service. Taxpayers who are the subject tax lien filing system is inefficient, burden- make the National Registry operational as of a tax lien filing, for example, would some, and expensive, and that current tech- of January 1, 2009, and make the bill applica- benefit from a centralized registry in nology permits the creation of an electronic ble to tax lien notices filed after December 31, 2008. several ways. First, taxpayers would be system that would be more efficient, more timely, less burdensome, and less expensive. able to review their liens as soon as By Mr. DODD (for himself, Mr. they are filed online, without having to It states that the purpose of the bill is to COCHRAN, Mr. KENNEDY, Mr. make a physical trip to one or more simplify and modernize the tax lien filing process, to improve public access to tax lien STEVENS, Mr. BINGAMAN, Mr. local recording offices. Second, tax- information, and to save taxpayer dollars by KERRY, and Mr. ROCKEFELLER): payers would have an easy way to look replacing the current decentralized system S. 1128. A bill to amend the National up their liens on multiple occasions, of local tax lien filings with a centralized, and Community Service Act of 1990 to identify any problems, and correct any nationwide, Internet accessible, and fully establish a Summer of Service State errors. Third, once the underlying tax searchable tax lien filing system. grant program, a Summer of Service liability was resolved, the IRS would SECTION 3 national direct grant program, and re- be required to release the tax lien in 10 Section 3 contains the operative provisions lated national activities, and for other days, instead of the 30 days allowed of the bill. purposes; to the Committee on Health, under current law. The longer 30-day Subsection (a) would amend section 6323(f) Education, Labor, and Pensions. period is necessitated by the current of title 26 by eliminating the provisions in complexities associated with filing a current law directing tax liens to be filed in Mr. DODD. Mr. President, I rise state and local recording offices, and by au- paper lien in one or more local offices, today to introduce, along with Sen- thorizing the filing of federal tax lien notices ators COCHRAN, KENNEDY, STEVENS, complexities that would be eliminated in a national tax lien registry to be estab- by the establishment of a centralized, BINGAMAN, KERRY and ROCKEFELLER lished under a new subsection 6323(k). It the Summer of Service Act of 2007. electronic registry. would deem such notices, and any related Creditors who need to research Fed- certificate of release, discharge, subordina- This bill offers middle school students eral tax liens would also benefit from a tion, or nonattachment of a lien, to be effec- the chance to spend a summer in serv- centralized, electronic registry. Lend- tive for purpose of determining the relative ice to their communities as they tran- ers, security holders and others, for ex- priority of a federal tax lien. It would direct sition into high school. ample, would be able to use a sim- the Secretary of the Treasury to prescribe The Summer of Service Act would the form and content of the tax lien notices plified search process that could take create a competitive grant program to be filed on the registry. Filings of tax lien that would enable States and localities place online and would not require notices and related documents would become physical trips to multiple locations. effective from the date and time of recording to offer middle school students an op- Simplifying the search process would in the national tax lien registry, just as they portunity to participate in a struc- also provide greater certainty that all are now from the date and time of a local fil- tured community service program over tax liens were found. The ability to re- ing. the summer months. It would employ search Federal tax liens remotely and Subsection (b) would provide that if an ex- service-learning to teach civic partici- instantaneously should be of particular isting tax lien notice must be re-filed, then pation skills, help young people see the re-filing should be made in the national benefit to larger lenders and to credi- themselves as resources to their com- tax lien registry. munities, expand educational opportu- tors of taxpayers with widely distrib- Subsection (c) would require certificates of uted assets. release, discharge, subordination, and non- nities and discourage ‘‘summer aca- Federal tax liens are not a topic that attachment of a tax lien to be filed in the na- demic slide.’’ Providing tangible bene- normally excites the public’s interest. tional tax lien registry. It would also reduce fits to their communities, Summer of Sound tax administration, however, re- from 30 days to 10 days the time allotted for Service projects would direct grantees quires attention to administrative as the release of a tax lien after the underlying to work on unmet human, educational, well as enforcement concerns. Federal tax liability has been resolved. It would environmental and public safety needs law is currently impeding development make various conforming amendments in and encourage all youth, regardless of the provisions related to federal tax liens. age, income, or disability, to engage in of a more efficient, cost effective tax Subsection (d)(1) would amend section 6323 lien filing system. Amending the law as of title 26 by establishing a National Reg- community service. The program indicated in the Tax Lien Simplifica- istry of federal tax liens and related docu- would also grant participants with an tion Act to streamline the tax lien fil- ments. It would require this National Reg- educational award of up to $500 which ing system, moving it from a paper- istry to be established and maintained by can later be used to pay for college. based to an electronic-based system, the Secretary of the Treasury, and made ac- Volunteerism not only brings support would not only advance the more effi- cessible to and searchable by the public and services to communities in need, it cient, cost-effective tax system we all through the Internet at no cost. It would re- also provides significant benefits to the quire the registry to identify the taxpayer to want, it would also save half a billion whom the tax lien applies and reflect the students who participate. When young dollars in taxpayer money. At the same date and time the notice of lien was filed. It people participate in service activities time, it would make the system work would require the registry to be searchable they feel better able to control their better for individual taxpayers by re- by, at a minimum, taxpayer name and ad- lives in a positive way, avoiding risk

VerDate Aug 31 2005 04:03 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G17AP6.022 S17APPT1 jcorcoran on PROD1PC62 with SENATE April 17, 2007 CONGRESSIONAL RECORD — SENATE S4607 behaviors, strengthening their commu- (b) PURPOSE.—The purposes of this Act are in the National Service Trust, as described nity connections and become more en- to— in paragraph (2)(B), an additional amount gaged in their studies. When service is (1) offer youth the chance to spend a sum- equal to the amount described in subpara- tied to what students are learning in mer in service to their communities as a rite graph (A) (to be used for educational of passage before high school; awards); and school, they often make gains on (2) teach civic participation skills to youth achievement tests, complete their ‘‘(C) an amount sufficient to provide for and help youth see themselves as resources the reservation for State-level activities de- homework more often, and increase and leaders for their communities; scribed in subsection (d). their grade point average. Students (3) expand educational opportunities and who engage in service learning also im- discourage ‘‘summer slide’’ by engaging ‘‘(b) STATE APPLICATION.—To be eligible to prove their communication skills, gain youth in summer service-learning opportuni- receive a grant under this section, a State increased awareness of career possibilities; shall submit an application to the Chief Ex- ties, and develop more positive work- (4) encourage youth, regardless of age, in- ecutive Officer at such time, in such manner, place attitudes, setting the foundation come, or disability, to engage in community and containing such information as the Chief for their place as America’s future service; Executive Officer may require, including in- (5) provide tangible benefits to the commu- formation that— leaders. Studies also show that stu- nities in which Summer of Service programs ‘‘(1) designates the State Commission as dents who participate in community are performed; and the agency responsible for the administra- service are more likely to graduate (6) enhance the social-emotional develop- high school and demonstrate interest ment of youth of all backgrounds. tion and supervision of the community serv- in going to college. SEC. 3. SUMMER OF SERVICE PROGRAMS. ice program carried out under this part in We often hear today of the tremen- Title I of the National and Community the State; dous pressures our young people face at Service Act of 1990 (42 U.S.C. 12511 et seq.) is ‘‘(2) describes how the State Commission home, in school and in the afterschool amended— will use funds received under this part, in- hours. Summer of Service provides (1) by redesignating subtitles F, G, H, and cluding funds reserved for State-level activi- young people with the chance to be a I as subtitles G, H, I, and J, respectively; ties under subsection (d); (2) by redesignating sections 160 through positive change in their communities. ‘‘(3) describes the procedures and criteria 166 as sections 159A through 159G, respec- the State Commission will use for reviewing For this reason, I urge my colleagues tively; and to join me in supporting the Summer applications and awarding subgrants on a (3) by inserting after subtitle E the fol- competitive basis under section 162A to eligi- of Service Act of 2007. I ask unanimous lowing: consent that the text of the bill be ble entities for projects, including how the ‘‘Subtitle F—Summer of Service Programs State Commission will give priority to an printed in the RECORD. ‘‘SEC. 161. DEFINITIONS. entity that— There being no objection, the text of ‘‘In this subtitle: ‘‘(A) offers a quality plan for or has an es- the bill was ordered to be printed in ‘‘(1) EDUCATIONAL AWARD.—The term ‘edu- tablished track record of carrying out the the RECORD, as follows: cational award’ means an award disbursed activities described in the entity’s applica- S. 1128 under section 162B(d) or 163B(d). tion; Be it enacted by the Senate and House of Rep- ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible ‘‘(B) has a leadership position in the com- resentatives of the United States of America in entity’ means a public or private nonprofit Congress assembled, organization, an institution of higher edu- munity from which the youth participating SECTION 1. SHORT TITLE. cation, a local educational agency, a public in the project described in the application This Act may be cited as the ‘‘Summer of elementary school or public secondary will be drawn; Service Act of 2007’’. school, or a consortium of 2 or more of the ‘‘(C) proposes a project that focuses on SEC. 2. FINDINGS AND PURPOSES. entities described in this paragraph. service by the participants during the transi- (a) FINDINGS.—Congress finds the fol- ‘‘(3) ELIGIBLE YOUTH.—The term ‘eligible tion year before high school; lowing: youth’ means a youth who will be enrolled in ‘‘(D) plans to ensure that at least 50 per- (1) Throughout the United States, there the sixth, seventh, eighth, or ninth grade at cent of the participants are low-income eligi- are pressing unmet human, educational, en- the end of the summer for which the youth ble youth; would participate in community service vironmental and public safety needs. ‘‘(E) proposes a project that encourages or (2) Americans desire to affirm common re- under this subtitle. enables youth to continue participating in sponsibilities and shared values, and join to- ‘‘PART I—SUMMER OF SERVICE STATE community service throughout the school gether in positive experiences, that tran- GRANT PROGRAM year; scend race, religion, gender, age, disability, ‘‘SEC. 162. GRANTS TO STATES. ‘‘(F) plans to involve the participants in region, income, and education. ‘‘(a) GRANTS.— (3) Americans of all ages can improve their ‘‘(1) IN GENERAL.—The Chief Executive Offi- the design and operation of the project, in- communities and become better citizens cer shall award grants on a competitive basis cluding involving the participants in con- through service to their communities. to States, to enable the State Commissions— ducting a needs-based assessment of commu- (4) When youth participate in service ac- ‘‘(A) to carry out State-level activities nity needs; tivities and see that they are able to improve under subsection (d); and ‘‘(G) proposes a project that involves youth the lives of others, the youth feel better able ‘‘(B) to award subgrants on a competitive of different ages, races, sexes, ethnic groups, to control their own lives in a positive way, basis under section 162A to eligible entities religions, disability categories, or economic avoiding risky behaviors, strengthening to pay for the Federal share of the cost of backgrounds serving together; and their community connections, and becoming carrying out community service projects. ‘‘(H) proposes a project that provides high more engaged in their own education. ‘‘(2) FUNDS FOR EDUCATIONAL AWARDS.—The quality service-learning experiences; (5) When youth service is tied to learning Chief Executive Officer shall decide whether ‘‘(4) describes the steps the State Commis- objectives, that service is shown to decrease funds appropriated to carry out this part and sion will take, including the provision of on- alienation and behavior problems, and in- available for educational awards (referred to going technical assistance described in sub- crease knowledge of community needs, com- in this part as ‘educational award funds’) section (d)(2) and training, to ensure that mitment to an ethic of service, and under- shall be— projects funded under section 162A will im- standing of politics and morality. ‘‘(A) included in the funds for such grants plement effective strategies; and (6) When service is tied to what students to States and subgrants to eligible entities; ‘‘(5) describes how the State Commission are learning in school, the students make or will evaluate the projects, which shall in- gains on achievement tests, complete their ‘‘(B) reserved by the Chief Executive Offi- homework more often, and increase their cer, deposited in the National Service Trust clude, at a minimum— grade point averages. for educational awards, and disbursed ac- ‘‘(A) a description of the objectives and (7) Students who engage in service-learning cording to paragraphs (1) and (3) of section benchmarks that will be used to evaluate the improve their communication skills, in- 162B(d). projects; and crease their awareness of career possibilities, ‘‘(3) PERIODS OF GRANTS.—The Chief Execu- ‘‘(B) a description of how the State Com- have a deeper understanding of social and tive Officer shall award the grants for peri- mission will disseminate the results of the economic issues that face the United States, ods of 3 years. evaluations, as described in subsection and develop more positive workplace atti- ‘‘(4) AMOUNTS OF GRANTS.—The Chief Exec- (d)(4)(C). tudes, preparing them to take their places as utive Officer shall award such a grant to a ‘‘(c) APPLICANT REVIEW.— future leaders of the United States. State for a program in a sum equal to— ‘‘(1) SELECTION CRITERIA.—The Chief Execu- (8) In a national poll, more than 80 percent ‘‘(A) the amount obtained by multiplying tive Officer shall evaluate applications for of parents said that their child would benefit $500 and the number of youth who will par- grants under this section based on the qual- from an after school program that offered ticipate in the program (to be used for pro- ity, innovation, replicability, and sustain- community service and 95 percent of teens gram expenses); ability of the State programs proposed by agreed that is important to volunteer time ‘‘(B) unless the Chief Executive Officer de- to community efforts. cides to deposit funds for educational awards the applicants.

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‘‘(2) REVIEW PANELS.—The Chief Executive ‘‘(A) engage a substantial portion of the modifications for students who are individ- Officer shall employ the review panels estab- youth in the designated community; uals with disabilities and students with lim- lished under section 165A in reviewing the ‘‘(B) engage a variety of entities and indi- ited English proficiency; applications. viduals, such as youth organizations, ele- ‘‘(C) forming local partnerships to develop ‘‘(3) NOTIFICATION OF APPLICANTS.—If the mentary schools or secondary schools, elect- and offer a variety of service-learning pro- Chief Executive Officer rejects an applica- ed officials, organizations offering summer grams for local youth participating in the tion submitted under this section, the Chief camps, civic groups, nonprofit organizations, project; Executive Officer shall promptly notify the and other entities within the designated ‘‘(D) establishing benchmarks, conducting applicant of the reasons for the rejection of community to offer a variety of summer evaluations, and making evaluation results the application. service opportunities as part of the project; available, as described in subparagraphs (B) ‘‘(4) RESUBMISSION AND RECONSIDERATION.— ‘‘(C) ensure that the youth participating in and (C) of section 162A(b)(3); The Chief Executive Officer shall provide an the project engage in service-learning; ‘‘(E) conducting outreach and dissemina- applicant notified of rejection with a reason- ‘‘(D) engage as volunteers in the project tion of program-related information to enable opportunity to revise and resubmit the business, civic, or community organizations sure the broadest possible involvement of application. At the request of the applicant, or individuals, which may include older indi- local eligible youth and community partners the Chief Executive Officer shall provide viduals, volunteers in the National Senior in the project; technical assistance to the applicant as part Volunteer Corps established under title II of ‘‘(F) conducting ceremonies as described in of the resubmission process. The Chief Exec- the Domestic Volunteer Service Act of 1973 section 162A(b)(2)(J); utive Officer shall promptly reconsider an (42 U.S.C. 5000 et seq.), participants in the ‘‘(G) carrying out basic implementation of application resubmitted under this para- school-based and community-based service- the community service project; and graph. learning programs carried out under parts I ‘‘(H) carrying out planning activities, dur- ‘‘(d) STATE-LEVEL ACTIVITIES.—A State and II of subtitle B, participants in the ing an initial 6 to 9 months of the subgrant that receives a grant under this section may AmeriCorps program carried out under sub- period. reserve up to 5 percent of the grant funds for title C, or students enrolled in secondary ‘‘(3) NON-FEDERAL SHARE.—An eligible enti- State-level activities, which may include— schools or institutions of higher education; ty that receives a subgrant under section ‘‘(1) hiring staff to administer the program ‘‘(E) ensure that youth participating in the 162A shall provide the non-Federal share of carried out under this part in the State; project provide at least 100 hours of commu- the costs described in section 162A(a)(1) from ‘‘(2) providing technical assistance, includ- nity service for the project; private or public sources other than the ing technical assistance concerning the pro- ‘‘(F) recruit eligible youth to participate subgrant funds. The sources may include fees fessional development and training of per- in the project; charged to the parents of the youth partici- sonnel, to eligible entities that receive sub- ‘‘(G) recruit service sponsors for commu- pating in the community service project in- grants under section 162A; nity service activities carried out through volved and determined on a sliding scale ‘‘(3) conducting outreach and dissemina- the project, if the eligible entity intends to based on income. tion of program-related information to en- ‘‘(b) SERVICE PROJECTS.— enter into an arrangement with such spon- sure the broadest possible involvement of el- ‘‘(1) ELIGIBLE SERVICE CATEGORIES.—The el- sors to provide project placements for the igible entities and local eligible youth in the igible entity may use the subgrant funds to youth; program carried out under this part; and carry out a community service project to ‘‘(H) promote leadership development and ‘‘(4)(A) conducting an evaluation of the meet unmet human, educational, environ- build an ethic of civic responsibility among projects carried out by eligible entities mental, or public safety needs. the youth; under this part; ‘‘(2) INELIGIBLE SERVICE CATEGORIES.—The ‘‘(I) provide team-oriented, adult-super- ‘‘(B) using the results of the evaluation to eligible entity may not use the subgrant vised experiences through the project; collect and compile information on best funds to carry out a service project in which ‘‘(J) conduct opening and closing cere- practices and models for such projects; and participants perform service described in monies honoring participants in the project; ‘‘(C) disseminating widely the results of section 132(a). ‘‘(K) involve youth who are participating the evaluation. ‘‘(c) PERIOD OF SERVICE PROJECTS.—The eli- in the project in the design and planning of ‘‘SEC. 162A. SUBGRANTS TO ELIGIBLE ENTITIES. gible entity— the project; and ‘‘(a) SUBGRANTS.— ‘‘(1) shall carry out the community service ‘‘(L) provide training, which may include ‘‘(1) IN GENERAL.—A State that receives a project funded under section 162A during a life skills, financial education, and employ- grant under section 162 shall use the grant period, the majority of which occurs in the ment training, in addition to training con- funds to award subgrants on a competitive months of June, July, and August; and cerning the specific community service to be basis to eligible entities to pay for the Fed- ‘‘(2) may carry out the project in conjunc- provided through the project, for the youth; eral share of the cost of carrying out com- tion with a related after school or in-school and munity service projects. service-learning project operated during the ‘‘(3)(A) specifies project outcome objectives ‘‘(2) PERIODS OF SUBGRANTS.—The State remaining months of the year. relating to youth development or education shall award the subgrants for periods of 3 ‘‘(d) EDUCATIONAL AWARD.— achievement, community strengthening, and years. ‘‘(1) ELIGIBILITY.—Each eligible youth who community improvement; ‘‘(3) AMOUNTS OF SUBGRANTS.—The State provides at least 100 hours of community ‘‘(B) describes how the eligible entity will shall award such a subgrant to an eligible service for a project carried out under this establish annual benchmarks for the objec- entity for a project in a sum equal to— part shall be eligible to receive an edu- tives, and annually conduct an evaluation to ‘‘(A) the amount obtained by multiplying cational award of not more than $500. An eli- measure progress toward the benchmarks; $500 and the number of youth who will par- gible youth may participate in more than 1 and ticipate in the project (to be used for project such project but shall not receive in excess ‘‘(C) provides an assurance that the eligible expenses); and of $1,000 in total for such participation. entity will annually make the results of such ‘‘(B) unless the Chief Executive Officer de- ‘‘(2) DISBURSEMENTS BY ELIGIBLE ENTITY.— evaluation available to the State. cides to deposit funds for educational awards If the Chief Executive Officer decides under ‘‘(c) CONTINUED ELIGIBILITY.—To be eligible in the National Service Trust, as described section 162(a)(2)(A) to include educational to receive funds under this section for a sec- in section 162(a)(2)(B), an additional amount award funds in subgrants under this part, the ond or subsequent year of a subgrant period, equal to the amount described in subpara- eligible entity carrying out the project an entity shall demonstrate that the entity graph (A) (to be used for educational shall— has met the annual benchmarks for the ob- awards). ‘‘(A) disburse an educational award de- jectives described in subsection (b)(3). ‘‘(b) APPLICATIONS.—To be eligible to re- scribed in paragraph (1) in accordance with ceive a subgrant under this section for a ‘‘(d) SELECTION OF SUBGRANT RECIPIENTS.— regulations issued by the Chief Executive Of- project, an entity shall submit an applica- In awarding subgrants under this section, ficer, which— tion to the State Commission at such time, the State shall ensure that projects are fund- ‘‘(i) may permit disbursal of the award to in such manner, and containing such infor- ed in a variety of geographic areas, including the parents of the youth that have estab- mation as the State Commission may re- urban and rural areas. lished a qualified tuition program account quire, including information that— ‘‘SEC. 162B. SUMMER OF SERVICE PROJECTS. under section 529 of the Internal Revenue ‘‘(1) designates the community in which ‘‘(a) USE OF FUNDS.— Code of 1986, for deposit into the account; the entity will carry out the project, which ‘‘(1) IN GENERAL.—An eligible entity that but community may be the service area of an el- receives a subgrant under section 162A shall ‘‘(ii) shall not otherwise permit disbursal ementary school or secondary school, a use the subgrant funds to carry out a com- of the award to the parents; or school district, a city, town, village, or other munity service project. ‘‘(B) enter into a contract with a private locality, a county, the area in which a public ‘‘(2) SPECIFIC USES.—The eligible entity sector organization to hold the educational housing project is located, a neighborhood, may use the subgrant funds to pay for— award funds and disburse the educational or another geographically or politically des- ‘‘(A) hiring staff to administer the project; award as described in subparagraph (A). ignated area; ‘‘(B) developing or acquiring service-learn- ‘‘(3) DISBURSEMENTS BY CHIEF EXECUTIVE ‘‘(2) describes the manner in which the ening curricula for the project, to be integrated OFFICER.—If the Chief Executive Officer de- tity will— into academic programs, including making cides under section 162(a)(2)(B) to reserve

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educational award funds, the Chief Executive ‘‘(B) unless the Chief Executive Officer de- ‘‘(2) REVIEW PANELS.—The Chief Executive Officer shall disburse the educational award cides to deposit funds for educational awards Officer shall employ the review panels estab- as described in paragraph (2)(A). in the National Service Trust, as described lished under section 165A in reviewing the ‘‘SEC. 162C. SUPPLEMENTAL GRANTS. in paragraph (2)(B), an additional amount applications. ‘‘(a) IN GENERAL.—The Chief Executive Of- equal to the amount described in subpara- ‘‘(3) NOTIFICATION OF APPLICANTS.—If the ficer may award a supplemental grant to an graph (A) (to be used for educational Chief Executive Officer rejects an applica- eligible entity that demonstrates the mat- awards); and tion submitted under this section, the Chief ters described in subsection (b), to assist the ‘‘(C) an amount sufficient to provide for Executive Officer shall promptly notify the entity in carrying out a community service the reservation for quality assurance activi- applicant of the reasons for the rejection of project in accordance with the requirements ties described in subsection (d). the application. of this part, as determined appropriate by ‘‘(b) NATIONAL DIRECT APPLICATIONS.—To ‘‘(4) RESUBMISSION AND RECONSIDERATION.— the Chief Executive Officer. be eligible to receive a grant under this sec- The Chief Executive Officer shall provide an ‘‘(b) APPLICATION.—To be eligible to re- tion for a community service program, an or- applicant notified of rejection with a reason- ceive a supplemental grant under subsection ganization shall submit an application to the able opportunity to revise and resubmit the (a), an entity shall submit an application to Chief Executive Officer at such time, in such application. At the request of the applicant, the Chief Executive Officer, at such time, in manner, and containing such information as the Chief Executive Officer shall provide such manner, and containing such informa- the Chief Executive Officer may require, in- technical assistance to the applicant as part tion as the Chief Executive Officer may re- cluding information that— of the resubmission process. The Chief Exec- quire, including information dem- ‘‘(1) describes how the organization will utive Officer shall promptly reconsider an onstrating— use funds received under this part, including application resubmitted under this para- ‘‘(1) that the entity received a subgrant funds reserved for quality assurance activi- graph. under section 162A for a community service ties under subsection (d); ‘‘(d) QUALITY ASSURANCE ACTIVITIES.—An project; and ‘‘(2)(A) describes the procedures and cri- organization that receives a grant under this ‘‘(2) that the entity would be unable to teria the organization will use for reviewing section may reserve up to 5 percent of the carry out the project without substantial applications and awarding subgrants on a grant funds for quality assurance activities, hardship unless the entity received a supple- competitive basis under section 163A to local which may include— mental grant under subsection (a). providers for projects, including how the or- ‘‘(1) hiring staff to administer the program ‘‘(c) AMOUNT OF GRANT.—The Chief Execu- ganization will give priority to a provider carried out under this part by the organiza- tive Officer shall award such a grant to an that, with respect to each project described tion; eligible entity for the project in the amount in the application— ‘‘(2) providing technical assistance, includ- obtained by multiplying $250 and the number ‘‘(i) offers a quality plan for or has an es- ing technical assistance concerning the proof youth who will participate in the project tablished track record of carrying out the fessional development and training of per- (to be used for project expenses). activities described in the provider’s applica- sonnel, to local providers that receive sub- ‘‘SEC. 162D. INDIAN TRIBES AND TERRITORIES. tion; grants under section 163A; and ‘‘From the funds made available to carry ‘‘(ii) has a leadership position in the com- ‘‘(3)(A) conducting an evaluation of the out this part under section 165(b)(2)(A) for munity from which the youth participating projects carried out by local providers of the any fiscal year, the Chief Executive Officer in the project will be drawn; organization under this part; shall reserve an amount of not more than 3 ‘‘(iii) proposes a project that focuses on ‘‘(B) using the results of the evaluation to percent for payments to Indian tribes, the service by the participants during the transi- collect and compile information on best United States Virgin Islands, Guam, Amer- tion year before high school; practices and models for such projects; and ican Samoa, and the Commonwealth of the ‘‘(iv) plans to ensure that at least 50 per- ‘‘(C) disseminating widely the results of Northern Mariana Islands, to be used in ac- cent of the participants are low-income eligi- the evaluation. cordance with the requirements of this part, ble youth; ‘‘SEC. 163A. SUBGRANTS TO LOCAL PROVIDERS. as determined appropriate by the Chief Exec- ‘‘(v) proposes a project that encourages or ‘‘(a) SUBGRANTS.— utive Officer. enables youth to continue participating in ‘‘(1) IN GENERAL.—An organization that re- ‘‘PART II—SUMMER OF SERVICE community service throughout the school ceives a grant under section 163 may use the NATIONAL DIRECT GRANT PROGRAM year; grant funds to award subgrants on a com- ‘‘SEC. 163. NATIONAL DIRECT GRANTS. ‘‘(vi) plans to involve the participants in petitive basis to local providers to pay for ‘‘(a) GRANTS.— the design and operation of the project, in- the Federal share of the cost of carrying out ‘‘(1) IN GENERAL.—The Chief Executive Offi- cluding involving the participants in con- community service projects. cer shall award grants on a competitive basis ducting a needs-based assessment of commu- ‘‘(2) PERIODS OF SUBGRANTS.—The organiza- to public or private organizations (referred nity needs; tion shall award the subgrants for periods of to individually in this part as an ‘organiza- ‘‘(vii) proposes a project that involves 3 years. tion’)— youth of different ages, races, sexes, ethnic ‘‘(3) AMOUNTS OF SUBGRANTS.—The organi- ‘‘(A) to carry out quality assurance activi- groups, religions, disability categories, or zation shall award such a subgrant to a local ties under subsection (d); and economic backgrounds serving together; and provider for a project in a sum equal to— ‘‘(B) to pay for the Federal share of the ‘‘(viii) proposes a project that provides ‘‘(A) the amount obtained by multiplying cost of carrying out a community service high quality service-learning experiences; or $500 and the number of youth who will par- program— ‘‘(B) if the organization will carry out the ticipate in the project (to be used for project ‘‘(i) in a State where the State Commission community service program directly, dem- expenses); and does not apply for funding under part I; or onstrates that the organization meets the re- ‘‘(B) unless the Chief Executive Officer de- ‘‘(ii) in multiple States. quirements of clauses (i) through (viii) of cides to deposit funds for educational awards ‘‘(2) FUNDS FOR EDUCATIONAL AWARDS.—The subparagraph (A) with respect to each in the National Service Trust, as described Chief Executive Officer shall decide whether project described in the application; in section 163(a)(2)(B), an additional amount funds appropriated to carry out this part and ‘‘(3) describes the steps the organization equal to the amount described in subpara- available for educational awards (referred to will take, including the provision of ongoing graph (A) (to be used for educational in this part as ‘educational award funds’) technical assistance described in subsection awards). shall be— (d)(2)) and training, to ensure that projects ‘‘(b) LOCAL PROVIDER APPLICATION.—To be ‘‘(A) included in the funds for such grants funded under this part will implement effec- eligible to receive a subgrant under this sec- to organizations and any subgrants to local tive strategies; and tion, a local provider shall submit an appli- providers; or ‘‘(4) describes how the organization will cation to the organization at such time, in ‘‘(B) reserved by the Chief Executive Offi- evaluate the projects funded under this part, such manner, and containing such informa- cer, deposited in the National Service Trust which shall include, at a minimum— tion as the organization may require, includ- for educational awards, and disbursed ac- ‘‘(A) a description of the objectives and ing information that— cording to paragraphs (1) and (3) of section benchmarks that will be used to evaluate the ‘‘(1) designates the communities in which 163B(d). projects; and the local provider will carry out projects ‘‘(3) PERIODS OF GRANTS.—The Chief Execu- ‘‘(B) a description of how the organization under the subgrant, each of which commu- tive Officer shall award the grants for peri- will disseminate widely the results of the nities may be the service area of an elemen- ods of 3 years. evaluations, as described in subsection tary school or secondary school, a school dis- ‘‘(4) AMOUNTS OF GRANTS.—The Chief Exec- (d)(3)(C). trict, a city, town, village, or other locality, utive Officer shall award such a grant to an ‘‘(c) APPLICANT REVIEW.— a county, the area in which a public housing organization for a program in a sum equal ‘‘(1) SELECTION CRITERIA.—The Chief Execu- project is located, a neighborhood, or an- to— tive Officer shall evaluate applications for other geographically or politically des- ‘‘(A) the amount obtained by multiplying grants under this section based on the qual- ignated area; $500 and the number of youth who will parity, innovation, replicability, and sustain- ‘‘(2) for each project described in such ap- ticipate in the program (to be used for pro- ability of the programs proposed by the application, describes the manner in which the gram expenses); plicants. local provider will—

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‘‘(A) engage a substantial portion of the ‘‘(B) developing or acquiring service-learn- ‘‘(3) DISBURSEMENTS BY CHIEF EXECUTIVE youth in the designated community in- ing curricula for the project, to be integrated OFFICER.—If the Chief Executive Officer de- volved; into academic programs, including making cides under section 163(a)(2)(B) to reserve ‘‘(B) engage a variety of entities and indi- modifications for students who are individ- educational award funds, the Chief Executive viduals, such as youth organizations, ele- uals with disabilities and students with lim- Officer shall disburse the educational award mentary schools or secondary schools, elect- ited English proficiency; as described in paragraph (2)(A). ed officials, organizations offering summer ‘‘(C) forming local partnerships to develop ‘‘(e) APPLICATION OF SECTION.—References camps, civic groups, nonprofit organizations, and offer a variety of service-learning pro- in this section to local providers, with re- and other entities within the designated grams for local youth participating in the spect to the use of subgrant funds received community to offer a variety of summer project; under section 163A, apply equally to organi- service opportunities as part of the project; ‘‘(D) establishing benchmarks, conducting zations that carry out community service ‘‘(C) ensure that the youth participating in evaluations, and making evaluation results projects directly, with respect to the use of the project engage in service-learning; available, as described in subparagraphs (B) grant funds received under section 163. ‘‘(D) engage as volunteers in the project and (C) of section 163A(b)(3); ‘‘SEC. 163C. SUPPLEMENTAL GRANTS. business, civic, or community organizations ‘‘(E) conducting outreach and dissemina- ‘‘(a) IN GENERAL.—The Chief Executive Of- or individuals, which may include older indi- tion of program-related information to en- ficer may award a supplemental grant to a viduals, volunteers in the National Senior sure the broadest possible involvement of local provider that demonstrates the matters Volunteer Corps established under title II of local eligible youth and community partners described in subsection (b), to assist the pro- the Domestic Volunteer Service Act of 1973 in the project; vider in carrying out a community service (42 U.S.C. 5000 et seq.), participants in the ‘‘(F) conducting ceremonies as described in project in accordance with the requirements school-based and community-based service- section 163A(b)(2)(J); of this part, as determined appropriate by learning programs carried out under parts I ‘‘(G) carrying out basic implementation of the Chief Executive Officer. and II of subtitle B, participants in the the community service project; and ‘‘(b) APPLICATION.—To be eligible to re- AmeriCorps program carried out under sub- ‘‘(H) carrying out planning activities, dur- ceive a supplemental grant under subsection title C, or students enrolled in secondary ing an initial 6 to 9 months of the grant pe- (a), a provider shall submit an application to schools or institutions of higher education; riod. the Chief Executive Officer, at such time, in ‘‘(E) ensure that youth participating in the ‘‘(3) NON-FEDERAL SHARE.—A local provider such manner, and containing such informa- project provide at least 100 hours of commu- that receives a subgrant under section 163A tion as the Chief Executive Officer may re- nity service for the project; shall provide the non-Federal share of the quire, including information dem- ‘‘(F) recruit eligible youth to participate cost described in section 163A(a)(1) from pri- onstrating— in the project; vate or public sources other than the ‘‘(1) that the provider received a subgrant ‘‘(G) recruit service sponsors for commu- subgrant funds. The sources may include fees under section 163A for a community service nity service activities carried out through charged to the parents of the youth partici- project; and the project, if the local provider intends to pating in the community service project in- ‘‘(2) that the provider would be unable to enter into an arrangement with such spon- volved and determined on a sliding scale carry out the project without substantial sors to provide project placements for the based on income. hardship unless the provider received a sup- ‘‘(b) SERVICE PROJECTS.— youth; plemental grant under subsection (a). ‘‘(1) ELIGIBLE SERVICE CATEGORIES.—The ‘‘(H) promote leadership development and ‘‘(c) AMOUNT OF GRANT.—The Chief Execu- local provider may use the subgrant funds to build an ethic of civic responsibility among tive Officer shall award such a grant to a carry out a community service project to the youth; local provider for the project in the amount meet unmet human, educational, environ- ‘‘(I) provide team-oriented, adult-super- obtained by multiplying $250 and the number mental, or public safety needs. vised experiences through the project; of youth who will participate in the project ‘‘(2) INELIGIBLE SERVICE CATEGORIES.—The ‘‘(J) conduct opening and closing cere- (to be used for project expenses). local provider may not use the subgrant monies honoring participants in the project; funds to carry out a service project in which ‘‘PART III—SUMMER OF SERVICE ‘‘(K) involve youth who are participating participants perform service described in NATIONAL ACTIVITIES in the project in the design and planning of section 132(a). ‘‘SEC. 164. NATIONAL ACTIVITIES. the project; and ‘‘(c) PERIOD OF SERVICE PROJECTS.—The ‘‘(a) NATIONAL QUALITY AND OUTREACH AC- ‘‘(L) provide training, which may include local provider— TIVITIES.—The Chief Executive Officer may life skills, financial education, and employ- ‘‘(1) shall carry out the community service use funds reserved under section 165(b)(1), ei- ment training, in addition to training con- project funded under section 163A during a ther directly or through grants and concerning the specific community service to be period, the majority of which occurs in the tracts, to— provided through the project, for the youth; months of June, July, and August; and ‘‘(1) provide technical assistance and train- and ‘‘(2) may carry out the project in conjunc- ing to recipients of grants and subgrants ‘‘(3)(A) specifies project outcome objectives tion with a related after school or in-school under parts I and II; relating to youth development or education service-learning project operated during the ‘‘(2) conduct outreach and dissemination of achievement, community strengthening, and remaining months of the year. program-related information to ensure the community improvement; ‘‘(d) EDUCATIONAL AWARD.— broadest possible involvement of States, eli- ‘‘(B) describes how the local provider will ‘‘(1) ELIGIBILITY.—Each eligible youth who gible entities, organizations, local providers, establish annual benchmarks for the objec- provides at least 100 hours of community and eligible youth in programs carried out tives, and annually conduct an evaluation to service for a project carried out under this under parts I and II; and measure progress toward the benchmarks; part shall be eligible to receive an edu- ‘‘(3) to carry out other activities designed and cational award of not more than $500. An eli- to improve the quality of programs carried ‘‘(C) provides an assurance that the local gible youth may participate in more than 1 out under parts I and II. provider will annually make the results of such project but shall not receive in excess ‘‘(b) NATIONAL EVALUATION.— such evaluation available to the organiza- of $1,000 in total for such participation. ‘‘(1) RESERVATION.—For each fiscal year, tion. ‘‘(2) DISBURSEMENTS BY LOCAL PROVIDER.—If the Chief Executive Officer shall reserve not ‘‘(c) CONTINUED ELIGIBILITY.—To be eligible the Chief Executive Officer decides under more than the greater of $500,000, or 1 per- to receive funds under this section for a sec- section 163(a)(2)(A) to include educational cent, of the funds described in subsection (a) ond or subsequent year of a subgrant period, award funds in subgrants under this part, the for the purposes described in paragraph (2). a local provider shall demonstrate that all local provider carrying out the project ‘‘(2) EVALUATION.—The Chief Executive Of- the projects for which the subgrant was shall— ficer shall use the reserved funds— awarded met the annual benchmarks for the ‘‘(A) disburse an educational award de- ‘‘(A) to arrange for an independent evalua- objectives described in subsection (b)(3). scribed in paragraph (1) in accordance with tion of the programs carried out under parts ‘‘(d) SELECTION OF SUBGRANT RECIPIENTS.— regulations issued by the Chief Executive Of- I and II, to be conducted in the second and In awarding subgrants under this section, ficer, which— third years in which the programs are imple- the organization shall ensure that projects ‘‘(i) may permit disbursal of the award to mented; and are funded in a variety of geographic areas, the parents of the youth that have estab- ‘‘(B) using the results of the evaluation, to including urban and rural areas. lished a qualified tuition program account collect and compile information on models ‘‘SEC. 163B. SUMMER OF SERVICE PROJECTS. under section 529 of the Internal Revenue and best practices for such programs; and ‘‘(a) USE OF FUNDS.— Code of 1986, for deposit into the account; ‘‘(C) to disseminate widely the results of ‘‘(1) IN GENERAL.—A local provider that re- but the evaluation. ceives a subgrant under section 163A shall ‘‘(ii) shall not otherwise permit disbursal ‘‘(3) REPORT.—The Chief Executive Officer use the subgrant funds to carry out a com- of the award to the parents; or shall annually submit to the Committee on munity service project. ‘‘(B) enter into a contract with a private Health, Education, Labor, and Pensions of ‘‘(2) SPECIFIC USES.—The local provider sector organization to hold the educational the Senate and the Committee on Education may use the subgrant funds, to pay for— award funds and disburse the educational and the Workforce of the House of Rep- ‘‘(A) hiring staff to administer the project; award as described in subparagraph (A). resentatives, a report concerning the results

VerDate Aug 31 2005 02:55 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A17AP6.047 S17APPT1 jcorcoran on PROD1PC62 with SENATE April 17, 2007 CONGRESSIONAL RECORD — SENATE S4611 of the evaluations conducted under para- (4) Section 159B(b)(1)(B) of such Act (as re- beling of greater Portland as the graph (2). Such reports shall also contain in- designated by section 3(2)) is amended by ‘‘sprawl capital of the Northeast.’’ formation on models of best practices and striking ‘‘section 162(a)(3)’’ and inserting I am particularly alarmed by the any other findings or recommendations de- ‘‘section 159C(a)(3)’’. amount of working forest and farm (c) RELATIONSHIP TO NATIONAL SERVICE veloped by the Chief Executive Officer based land and open space in southern and on such evaluations. Such reports shall be EDUCATIONAL AWARD PROVISIONS.— made available to the general public. (1) NATIONAL SERVICE TRUST.—Section 145 coastal Maine that has given way to ‘‘PART IV—GENERAL PROVISIONS of the National and Community Service Act strip malls and cul-de-sacs. Once these forests, farms, and meadows are lost to ‘‘SEC. 165. AUTHORIZATION OF APPROPRIATIONS of 1990 (42 U.S.C. 12601) is amended— AND AVAILABILITY. (A) in subsection (a)— development, they are lost forever. ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.— (i) in paragraph (2), by striking ‘‘and’’ at Maine is trying to respond to this There are authorized to be appropriated to the end; challenge. The people of Maine con- carry out this subtitle $100,000,000 for fiscal (ii) in paragraph (3), by striking the period tinue to contribute their time and year 2008 and such sums as may be necessary and inserting ‘‘, other than interest or pro- money to preserve important lands and for each subsequent fiscal year. ceeds described in paragraph (4)(B); and’’; to support our State’s 88 land trusts. It ‘‘(b) AVAILABILITY.—Of the funds appro- and priated under subsection (a) for a fiscal year, (iii) by adding at the end the following: is time for the Federal Government to the Chief Executive Officer— ‘‘(4)(A) any amounts deposited in the Trust help support these State and commu- ‘‘(1) shall reserve not more than 4 percent under subtitle F; and nity-based efforts. to carry out activities under part III (relat- ‘‘(B) the interest on, and proceeds from the For these reasons, I have introduced ing to national activities); and sale or redemption of, any obligations held the Suburban and Community Forestry ‘‘(2) from the remainder of such funds, by the Trust for a program carried out under and Open Space Program Act. This leg- shall make available— subtitle F.’’; and islation, which was drafted with the 2 ‘‘(A) a portion equal to 66 ⁄3 percent of such (B) in subsection (c), by inserting ‘‘(other advice of land owners and conservation funds for programs carried out under part I than any amounts deposited in the Trust (relating to the State grant program), in- groups, establishes a $50 million grant under subtitle F)’’ after ‘‘Amounts in the program within the U.S. Forest Service cluding programs carried out under section Trust’’. 162D; and (2) AVAILABILITY OF AMOUNTS IN NATIONAL to support locally driven land con- 1 ‘‘(B) a portion equal to 33 ⁄3 percent of such SERVICE TRUST.—Section 148(a) of the Na- servation projects that preserve work- funds for programs carried out under part II tional and Community Service Act of 1990 (42 ing forests. Local government and non- (relating to the national direct grant pro- U.S.C. 12604(a)) is amended by inserting profit organizations would compete for gram). ‘‘(other than any amounts deposited in the funds to purchase land or access to ‘‘(c) REALLOCATION.—If the Chief Executive Trust under subtitle F)’’ after ‘‘Amounts in land to protect working landscapes Officer determines that funds from the por- the Trust’’. tion described in subsection (b)(2)(A) will not threatened by development. Projects funded under this initiative be needed to carry out programs under part By Ms. COLLINS: must be targeted at lands located in I for a fiscal year, the Chief Executive Offi- S. 1131. A bill to amend the Coopera- cer shall make the funds available for pro- parts of the country that are threat- tive Forestry Assistance Act of 1978 to grams under part II for that fiscal year. ened by sprawl. In addition, this legis- establish a program to provide assist- ‘‘SEC. 165A. REVIEW PANELS. lation requires that Federal grant ance to States and nonprofit organiza- ‘‘The Chief Executive Officer shall estab- funds be matched dollar-for-dollar by tions to preserve suburban forest land lish panels of experts for the purpose of re- State, local, or private resources. viewing applications submitted under sec- and open space and contain suburban This is a market-driven program that tions 162, 162C, 162D, and 163. sprawl; to the Committee on Agri- ‘‘SEC. 165B. CONSTRUCTION. relies upon market forces rather than culture, Nutrition, and Forestry. government regulations to achieve its ‘‘An individual participating in service in a Ms. COLLINS. Mr. President, the program described in this subtitle shall not objectives. Rather than preserving our be considered to be an employee engaged in people of Maine have always been working forests, farmland and open employment for purposes of the Fair Labor faithful stewards of the forest because spaces by zoning or other government Standards Act of 1938 (29 U.S.C. 201 et seq.).’’. we understand its tremendous value to regulation, with this program we will SEC. 4. CONFORMING AMENDMENTS. our economy and to our way of life. provide the resources to allow a land- (a) REDESIGNATION OF SUBTITLES.— From the vast tracts of undeveloped owner who wishes to keep his or her (1) Section 118(a) of the National and Com- land in the north to the small woodlots munity Service Act of 1990 (42 U.S.C. land as a working woodlot to do so. in the south, forest land has helped to My legislation also protects the 12551(a)) is amended by striking ‘‘subtitle H’’ shape the character of our entire State. and inserting ‘‘subtitle I’’. rights of property owners with the in- (2) Section 122(a)(2) of such Act (42 U.S.C. While our commitment to steward- clusion of a ‘‘willing-seller’’ provision, 12572(a)(2)) is amended by striking ‘‘subtitle ship has preserved the forest for gen- which requires the consent of a land- I’’ and inserting ‘‘subtitle J’’. erations, there is a threat to Maine’s owner if a parcel of land is to partici- (3) Section 193A(f)(1) of such Act (42 U.S.C. working landscape that requires a fresh pate in the program. 12651d(f)(1)) is amended by striking ‘‘sub- approach. This threat is suburban The $50 million that would be author- titles C and I’’ and inserting ‘‘subtitles C and sprawl, which has already consumed ized by my bill would help achieve J’’. tens of thousands of acres of forest stewardship objectives: First, this bill (4) Section 501(a)(2) of such Act (42 U.S.C. land in southern Maine. Sprawl occurs 12681(a)(2)) is amended— would help prevent forest fragmenta- (A) in the paragraph heading, by striking because the economic value of forest or tion and preserve working forests, ‘‘SUBTITLES C, D, AND H’’ and inserting ‘‘SUB- farm land cannot compete with the helping to maintain the supply of tim- TITLES C, D, AND I’’; value of developed land. ber that fuels Maine’s most significant (B) in subparagraph (A), by striking ‘‘sub- Sprawl threatens our environment industry. Second, these resources titles C and H’’ and inserting ‘‘subtitles C and our quality of life. It destroys eco- would be a valuable tool for commu- and I’’; and systems, increasing the risk of flooding nities that are struggling to manage (C) in subparagraph (B), by striking ‘‘sub- and other environmental hazards. It growth and prevent sprawl. title H’’ and inserting ‘‘subtitle I’’. burdens the infrastructure of the af- Understanding that land ownership (b) REDESIGNATION OF SECTIONS.— (1) Section 155(d)(3) of such Act (42 U.S.C. fected communities, increases traffic issues differ in other parts of the Na- 12615(d)(3)) is amended by striking ‘‘section on neighborhood streets, and wastes tion, I have included a geographic limi- 162(a)(3)’’ and inserting ‘‘section 159C(a)(3)’’. taxpayer money. Sprawl causes the un- tation in this bill. This limitation (2) Section 156(d) of such Act (42 U.S.C. necessary fragmentation of open space would exempt any State where the 12616(d)) is amended by striking ‘‘section that reduces the economic viability of Federal Government owns 25 percent or 162(a)(3)’’ and inserting ‘‘section 159C(a)(3)’’. the remaining working forests. more of that State’s land from the Sub- (3) Section 159(c) of such Act (42 U.S.C. In the State of Maine, suburban urban and Community Forestry and 12619(c)) is amended— sprawl has already consumed tens of Open Space Program. With the 25 per- (A) in paragraph (2)(C)(i), by striking ‘‘sec- thousands of acres of forest and farm cent limitation, a figure used in pre- tion 162(a)(2)’’ and inserting ‘‘section 159C(a)(2)’’; and land. The problem is particularly acute vious bills, the twelve States with the (B) in paragraph (3), by striking ‘‘section in southern Maine where an 108 percent highest percentage of federally owned 162(a)(2)(A)’’ and inserting ‘‘section increase in urbanized land over the land would not be eligible to partici- 159C(a)(2)(A)’’. past two decades has resulted in the la- pate in this new program. Those

VerDate Aug 31 2005 02:55 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A17AP6.047 S17APPT1 jcorcoran on PROD1PC62 with SENATE S4612 CONGRESSIONAL RECORD — SENATE April 17, 2007 States, however, who are struggling And yet, charitable organizations ‘‘(E) SPECIAL RULE FOR INDIAN TRIBES.— most with the loss of working land- that provide hunger relief are unable to ‘‘(i) IN GENERAL.—For purposes of this scapes would be authorized to receive meet the basic needs of Natives due to paragraph, an Indian tribe (as defined in sec- Federal assistance in their efforts to an oversight in the federal tax code. tion 7871(c)(3)(E)(ii)) shall be treated as an organization eligible to be a donee under combat sprawl. Section 170(e)(3) of the Internal Rev- subparagraph (A) with respect to apparently Third, the bill would help to preserve enue Code allows corporations to take wholesome food (as defined in section 22(b)(2) open space and family farms. Cur- an enhanced tax deduction for dona- of the Bill Emerson Good Samaritan Food rently, if the town of Gorham, ME, or tions of food; however, the food must Donation Act (42 U.S.C. 1791(b)(2)) (as in ef- another community trying to cope be distributed to 501(c)(3) nonprofit or- fect on the date of the enactment of this sub- with the effects of sprawl turned to the ganizations, such as food banks. Non- paragraph)) only. Federal Government for assistance, profit organizations cannot then trans- ‘‘(ii) USE OF PROPERTY.—For purposes of none would be found. My bill will fer such donations to tribes. Although subparagraph (A)(i), if the use of the apparently wholesome food donated is related to change that by making the Federal many donations to tribes are tax de- the exercise of an essential governmental Government an active partner in pre- ductible under section 7871 of the Inter- function of the Indian tribal government serving forest and farm land and man- nal Revenue Code, tribes are not (within the meaning of section 7871), such aging sprawl, while leaving decision- among the organizations listed under use shall be treated as related to the purpose making at the State and local level Section 501(c)(3) of the Internal Rev- or function constituting the basis for the or- where it belongs. enue Code. To clarify, section 170(e)(3) ganization’s exemption.’’. The Suburban and Community For- does not allow tribes to be eligible re- (b) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable estry and Open Space Program Act has cipients of corporate food donations to years beginning after December 31, 2007. had a successful history in the Senate. nonprofit organizations since they are In 2002, this legislation was included in not listed under Section 501(c)(3) as an By Mr. AKAKA (for himself, Mr. the forestry title of the Senate ap- eligible entity. BINGAMAN, and Mr. DURBIN): proved version of the Farm Bill. Unfor- With this legislation, I intend to S. 1133. A bill to provide additional tunately, the forestry title was make a simple correction to the tax protections for recipients of the earned stripped out of the Farm Bill con- code that clearly indicates that tribes income tax credit; to the Committee ference report. And again, in 2003, this are eligible recipients of food donated on Finance. legislation passed the Senate. This under section 170(e)(3) of the Internal Mr. AKAKA. Mr. President, today, I time, during consideration of the Revenue Code. This correction is long am reintroducing the Taxpayer Abuse Healthy Forests Restoration Act. Un- overdue and would remedy an egre- Prevention Act. Earned income tax fortunately, this provision was re- gious inequity in the Federal tax code credit (EITC) benefits intended for moved from the Healthy Forests Res- that affects natives nationwide. working families are significantly re- toration Act conference report. This Please allow me to provide a few ex- duced by the use of refund anticipation new Congress and the reauthorization amples of how this legislation could loans (RALs), which typically carry of the Farm Bill provide an excellent foster positive change. In Alaska, ap- three or four digit interest rates. In opportunity to enact this important proximately half of the food donated to 2005, EITC filers accounted for more legislation. the Food Bank of Alaska from corpora- than half of the refund anticipation There is great work being done on tions could go to tribes throughout loans issued despite being only 17 per- the local level to protect working land- Alaska. Much of this food would go to cent of the taxpayer population. EITC scapes for the next generation. By en- villages that are only accessible by air recipients lost an estimated $649 mil- acting the Suburban and Community or water. In South Dakota, roughly 30 lion in loan fees plus application or Forestry and Open Space Act, Congress percent of the food the Community documentation fees in 2005. The EITC can provide an additional avenue of Food Banks of South Dakota distrib- is intended to help working families support for these conservation initia- utes could go to reservations. In North meet their food, clothing, housing, tives, help prevent sprawl, and help Dakota, the amount of food donated to transportation, and education needs. sustain the vitality of natural re- the Great Plains Food Bank could dou- Working families cannot afford to lose source-based industries. ble if this legislation were enacted. The a significant portion of their EITC Montana Food Bank Network projects funds by expensive, short-term, RALs. By Ms. MURKOWSKI: that food donations could increase by The interest rates and fees charged S. 1132. A bill to amend the Internal 16 percent. A food bank based in Albu- on RALs are not justified because of Revenue Code of 1986 to allow Indian querque, NM, estimates that their food the short length of time that these tribes to receive charitable contribu- donations could triple in the first year loans are outstanding and the minimal tions of apparently wholesome food; to alone. risk they present. These loans carry the Committee on Finance. It is imperative that we address this little risk because of the Debt Indi- Ms. MURKOWSKI. Mr. President, I important issue expeditiously. The cator program. rise to introduce a bill that will help health and well-being of low income The Debt Indicator (DI) is a service increase the amount of food donations American Indians and Alaska Natives provided by the Internal Revenue Serv- going to American Indians and Alaska across the Nation is at stake. ice (IRS) that informs the lender Natives nationwide. I ask unanimous consent that the whether or not an applicant owes Fed- Unfortunately, the poverty rate text of this bill be printed in the eral or State taxes, child support, stu- among American Indians and Alaska RECORD. dent loans, or other government obli- Natives continues to be high. Specifi- There being no objection, the text of gations, which assists tax preparers in cally, the poverty rate for our Nation’s the bill was ordered to be printed in ascertaining the ability of applicants American Indians and Alaska Natives the RECORD as follows: to obtain their full refund so that the is over three times that of non-His- S. 1132 RAL is repaid. The Department of the panic whites, according to the U.S. Be it enacted by the Senate and House of Rep- Treasury should not be facilitating Census Bureau. Not only do natives resentatives of the United States of America in these predatory loans that allow tax face greater challenges in securing Congress assembled, preparers to reap outrageous profits by basic household necessities, but in se- SECTION 1. CHARITABLE CONTRIBUTIONS OF AP- exploiting working families. curing food as well. PARENTLY WHOLESOME FOOD TO Unfortunately too many working According to a 2005 U.S. Department INDIAN TRIBES. families are susceptible to predatory of Agriculture report, 35.1 million (a) IN GENERAL.—Section 170(e)(3) of the In- lending because they are left out of the Americans face challenges in getting ternal Revenue Code of 1986 (relating to spe- financial mainstream. Between 25 and enough food to eat. This includes 12.4 cial rule for contributions of inventory and 56 million adults are unbanked, or not other property) is amended— million children. Of these statistics, (1) by redesignating subparagraph (E) as using mainstream, insured financial in- Natives constitute a disproportionate subparagraph (F); and stitutions. The unbanked rely on alter- number due to the higher poverty rate (2) by inserting after subparagraph (D) the native financial service providers to among this group. following new subparagraph: obtain cash from checks, pay bills,

VerDate Aug 31 2005 02:55 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A17AP6.060 S17APPT1 jcorcoran on PROD1PC62 with SENATE April 17, 2007 CONGRESSIONAL RECORD — SENATE S4613 send remittances, utilize payday loans, at federally insured banks or credit (b) EFFECTIVE DATE.—This section shall and obtain credit. Many of the unions via appropriate tax forms. Pro- apply to loans made after the date of the en- unbanked are low-and moderate-in- viding taxpayers with the option of actment of this Act. come families that can ill afford to opening a bank or credit union account SEC. 5. TERMINATION OF DEBT INDICATOR PRO- GRAM. have their earnings unnecessarily di- through the use of tax forms provides The Secretary of the Treasury shall termi- minished by high-cost and often preda- an alternative to RALs and immediate nate the Debt Indicator program announced tory financial services. In addition, the access to financial opportunities found in Internal Revenue Service Notice 99–58. unbanked are unable to save securely at banks and credit unions. SEC. 6. DETERMINATION OF ELECTRONIC FILING to prepare for the loss of a job, a family I want to thank my colleagues, Sen- GOALS. illness, a down payment on a first ators BINGAMAN and DURBIN for cospon- (a) IN GENERAL.—Any electronically filed home, or education expenses. soring this legislation. I also appre- Federal tax returns, that result in Federal tax refunds that are distributed by refund My legislation will protect con- ciate the efforts of Representative JAN sumers against predatory loans, reduce anticipation loans, shall not be taken into SCHAKOWSKY who will be reintroducing account in determining if the goals required the involvement of the Department of the companion legislation in the other under section 2001(a)(2) of the Restructuring the Treasury in facilitating the exploi- body. I ask unanimous consent that and Reform Act of 1998 that the Internal tation of taxpayers, and expand access the text of the Taxpayer Abuse Preven- Revenue Service have at least 80 percent of to opportunities for saving and lending tion Act be printed in the RECORD. all such returns filed electronically by 2007 at mainstream financial services. I urge my colleagues to support this are achieved. My bill prohibits refund anticipation important legislation that will restrict (b) REFUND ANTICIPATION LOAN.—For pur- loans that utilize EITC benefits. Other predatory RALs and expand access to poses of subsection (a), the term ‘‘refund an- Federal benefits, such as Social Secu- ticipation loan’’ means a loan of money or of mainstream financial services. any other thing of value to a taxpayer be- rity, have similar restrictions to en- There being no objection, the text of cause of the taxpayer’s anticipated receipt of sure that the beneficiaries receive the the bill was ordered to be printed in a Federal tax refund. intended benefit. the RECORD, as follows: SEC. 7. EXPANSION OF ELIGIBILITY FOR ELEC- My bill also limits several of the ob- S. 1134 TRONIC TRANSFER ACCOUNTS. jectionable practices of RAL providers. Be it enacted by the Senate and House of Rep- (a) IN GENERAL.—The last sentence of sec- It will prohibit lenders from using tax resentatives of the United States of America in tion 3332(j) of title 31, United States Code, is refunds to collect outstanding obliga- Congress assembled, amended by inserting ‘‘other than any payment under section 32 of such Code’’ after tions for previous RALs. In addition, SECTION 1. SHORT TITLE. mandatory arbitration clauses for This Act may be cited as the ‘‘Taxpayer ‘‘1986’’. (b) EFFECTIVE DATE.—The amendment Abuse Prevention Act’’. RALs that utilize federal tax refunds made by this section shall apply to payments would be prohibited to ensure that con- SEC. 2. PREVENTION OF DIVERSION OF EARNED made after the date of the enactment of this INCOME TAX CREDIT BENEFITS. sumers have the ability to take future Act. (a) IN GENERAL.—Section 32 of the Internal legal action if necessary. Revenue Code of 1986 (relating to earned in- SEC. 8. PROGRAM TO ENCOURAGE THE USE OF It is troubling that the Department THE ADVANCE EARNED INCOME TAX come tax credit) is amended by adding at the CREDIT. of the Treasury facilitates refund an- end the following new subsection: ticipation loans. In 1995, the use of the (a) IN GENERAL.—Not later than 6 months ‘‘(n) PREVENTION OF DIVERSION OF CREDIT after the date of the enactment of this Act, DI was suspended because of massive BENEFITS.—The right of any individual to the Secretary of the Treasury shall, after fraud in e-filed returns with RALs. The any future payment of the credit under this consultation with such private, nonprofit, use of the DI was reinstated in 1999. section shall not be transferable or assign- and governmental entities as the Secretary Use of the Debt Indicator should once able, at law or in equity, and such right or determines appropriate, develop and imple- again be stopped. The DI is helping tax any moneys paid or payable under this sec- ment a program to encourage the greater tion shall not be subject to any execution, preparers make excessive profits from utilization of the advance earned income tax levy, attachment, garnishment, offset, or credit. low- and moderate-income taxpayers other legal process except for any out- who utilize RALs. The IRS should not (b) REPORTS.—Not later than the date of standing Federal obligation. Any waiver of the implementation of the program de- aide unscrupulous preparers who take the protections of this subsection shall be scribed in subsection (a), and annually there- the earned benefit away from low-in- deemed null, void, and of no effect.’’. after, the Secretary of the Treasury shall re- come families. My bill terminates the (b) EFFECTIVE DATE.—The amendment port to the Committee on Finance of the DI program. In addition, this bill re- made by this section shall take effect on the Senate and the Committee on Ways and date of the enactment of this Act. moves the incentive to meet congres- Means of the House of Representatives on SEC. 3. PROHIBITION ON DEBT COLLECTION OFF- the elements of such program and progress sionally mandated electronic filing SET. goals by facilitating the exploitation of achieved under such program. (a) IN GENERAL.—No person shall, directly (c) AUTHORIZATION OF APPROPRIATIONS.— taxpayers. My bill would exclude any or indirectly, individually or in conjunction There is authorized to be appropriated such electronically filed tax returns result- or in cooperation with another person, en- sums as are necessary to carry out the pro- ing in tax refunds distributed by refund gage in the collection of an outstanding or gram described in this section. Any sums so anticipation loans from being counted delinquent debt for any creditor or assignee appropriated shall remain available until ex- towards the goal established by the by means of soliciting the execution of, proc- pended. essing, receiving, or accepting an application IRS Restructuring and Reform Act of SEC. 9. PROGRAM TO LINK TAXPAYERS WITH DI- or agreement for a refund anticipation loan 1998, which is to have at least 80 per- RECT DEPOSIT ACCOUNTS AT FED- or refund anticipation check that contains a ERALLY INSURED DEPOSITORY IN- cent of all returns filed electronically provision permitting the creditor to repay, STITUTIONS. by 2007. by offset or other means, an outstanding or (a) ESTABLISHMENT OF PROGRAM.—Not later My bill also expands access to main- delinquent debt for that creditor from the than 1 year after the date of the enactment stream financial services. Electronic proceeds of the debtor’s Federal tax refund. of this Act, the Secretary of the Treasury Transfer Accounts (ETA) are low-cost (b) REFUND ANTICIPATION LOAN.—For pur- shall enter into cooperative agreements with accounts at banks and credit unions in- poses of subsection (a), the term ‘‘refund an- federally insured depository institutions to tended for recipients of certain federal ticipation loan’’ means a loan of money or of provide low- and moderate-income taxpayers any other thing of value to a taxpayer be- benefit payments. Currently, ETAs are with the option of establishing low-cost di- cause of the taxpayer’s anticipated receipt of rect deposit accounts through the use of ap- provided for recipients of other federal a Federal tax refund. propriate tax forms. benefits such as Social Security pay- (c) EFFECTIVE DATE.—This section shall (b) FEDERALLY INSURED DEPOSITORY INSTI- ments. My bill expands the eligibility take effect on the date of the enactment of TUTION.—For purposes of this section, the for ETAs to include EITC benefits. this Act. term ‘‘federally insured depository institu- These accounts will allow taxpayers to SEC. 4. PROHIBITION OF MANDATORY ARBITRA- tion’’ means any insured depository institu- receive direct deposit refunds into an TION. tion (as defined in section 3 of the Federal account without the need for a refund (a) IN GENERAL.—Any person that provides Deposit Insurance Act (12 U.S.C. 1813)) and a loan to a taxpayer that is linked to or in any insured credit union (as defined in sec- anticipation loan. Furthermore, my anticipation of a Federal tax refund for the tion 101 of the Federal Credit Union Act (12 bill would mandate that low- and mod- taxpayer may not include mandatory arbi- U.S.C. 1752)). erate-income taxpayers be provided op- tration of disputes as a condition for pro- (c) OPERATION OF PROGRAM.—In providing portunities to open low-cost accounts viding such a loan. for the operation of the program described in

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Arbitration is the overwhelming majority of the peo- essary to administer such program. one of the most cost-effective means of ple who could not afford a lawyer to (d) AUTHORIZATION OF APPROPRIATIONS.— resolving disputes. Unlike businesses, litigate in court. This is where arbitra- There is authorized to be appropriated such consumers and employees generally tion can give consumers and employees sums as are necessary to carry out the pro- cannot afford a team of lawyers to rep- a cost-effective forum to assert their gram described in this section. Any sums so resent them. And their claims are often claims. Thus, before we make excep- appropriated shall remain available until ex- tions to the Federal Arbitration Act pended. not big enough so that a lawyer would take the case on a 25 percent or even a for special interests with friends in By Mr. SESSIONS: 50 percent contingent fee. In a 1998 ar- Washington, I think it is our duty to S. 1135. A bill to amend chapter 1 of ticle in the Columbia Human Rights consider how we can improve the sys- title 9, United States Code, to establish Law Review, Lewis Maltby, then the tem for everyone. fair procedures for arbitration clauses Director of the National Task Force on We can improve the arbitration sys- in contracts; to the Committee on the Civil Liberties in the Workplace of the tem, but we must take a balanced ap- Judiciary. American Civil Liberties Union and a proach. In such an approach, we must Mr. SESSIONS. Mr. President, I rise Director of the American Arbitration protect the sanctity of legal contracts and send to the desk a bill entitled the Association, explained how court liti- explicitly protected under Article I, ‘‘Fair Arbitration Act of 2007.’’ This gation is often just too expensive for Section 10 of the U.S. Constitution. In bill continues the legislative process most employees: any contract, the parties must agree to that I started several years ago with Even if the client has clearly been wronged all the terms and clauses included in the introduction of the ‘‘Consumer and and is virtually certain to prevail in court, the contract document. This includes Employee Arbitration Bill of Rights’’ the attorney will be forced to turn down the the arbitration clause. This is basic and the ‘‘Arbitration Fairness Act of case unless there are substantial damages. A contract law, and the basic premise of 2002.’’ The purpose of the Fair Arbitra- survey of plaintiff employment lawyers the Federal Arbitration Act for over 75 tion Act of 2007, like my earlier profound that a prospective plaintiff needed to years. posals, is to improve the Federal Arbi- have a minimum of $60,000 in provable dam- Unfortunately, however, in certain ages not including pain and suffering or tration Act so that it will remain a situations consumers, employees, and other intangible damages before an attorney small businesses have not been treated cost-effective means of resolving dis- would take the case. putes, but will do so in a fair way. The Even this, however, does not exhaust the fairly. That is what the Fair Arbitra- Fair Arbitration Act will provide pro- financial obstacles an employee must over- tion Act is designed to correct. The bill will maintain the cost sav- cedural protections to everyone who come to secure representation. In light of ings of binding arbitration, but will enters into a contract with an arbitra- their risk of losing such cases, many plain- grant several specific ‘‘due process’’ tion clause. This bill ensures that con- tiffs’ attorneys require a prospective client to pay a retainer, typically about $3,000. Oth- rights to all parties to an arbitration sumers, employees, and small busi- ers require clients to pay out-of-pocket ex- proceeding. The bill is modeled after nesses that enter into contracts cov- penses of the case as they are incurred. Ex- consumer and employee due process ered by the Federal Arbitration Act penses in employment discrimination cases protocols of the American Arbitration will have their disputes resolved in ac- can be substantial. Donohue and Siegelman Association, which have broad support. cordance with fundamental principles found that expenses in Title VII cases are at least $10,000 and can reach as high as $25,000. The bill provides the following rights: of due process, and in a speedy and 1. Notice. Under the bill, to be en- cost-effective manner. Finally, some plaintiffs’ attorneys now require a consultation fee, generally $200–$300, forceable, an arbitration clause would Congress originally enacted the Fed- have to have a heading in large, bold eral Arbitration Act in 1925. It has just to discuss their situation with a potential client. print, would have to state whether ar- served us well for over three-quarters The result of these formidable hurdles is bitration is binding or optional, iden- of a century. Under the Act, if the par- that most people with claims against their tify a source that the parties may con- ties agree to a contract affecting inter- employer are unable to obtain counsel, and tact for more information, and state state commerce that contains a clause thus never receive justice. Paul Tobias, that a consumer could opt out to small requiring arbitration, the clause will founder of the National Employment Law- yers’ Association, has testified that ninety- claims court. be enforceable in court. In short, the This will ensure, for example, that Federal Arbitration Act allows parties five percent of those who seek help from the private bar with an employment matter do consumers who receive credit card no- to a contract to agree not to take their not obtain counsel. Howard’s survey of plain- tices in the mail will not miss an arbi- disputes to court, but to resolve any tiffs’ lawyers produced the same result. A tration clause because it is lost in the dispute arising from that contract be- Detroit firm reported that only one of ‘‘fine print.’’ Further, it would give all fore a neutral decision-maker, gen- eighty-seven employees who came to them parties a means to obtain more infor- erally selected by a nonprofit arbitra- seeking representation was accepted as a cli- mation on how to resolve any disputes. tion organization, such as the Amer- ent. Finally, the clause would explain that ican Arbitration Association or the Na- Without arbitration, consumers and if a party’s claims could otherwise be tional Arbitration Forum. The parties employees are faced with having to pay brought in small claims court, the can generally present evidence and be a lawyer’s hourly rate, which may party would be free to do so. Small represented by counsel. And the deci- amount to several thousand dollars to claims court, unlike regular trial sion-makers will apply the relevant litigate a claim in court. If that is court, provides another inexpensive State law in resolving the dispute. Ar- what consumers and employees are left and quick means of dispute resolution. bitration is generally quicker and less with, many will have no choice but to 2. Independent selection of arbitra- expensive than going to court. drop their claim. That is not right. It tors. The bill grants all parties the In recent years, there have been some is not fair. Thus, Professor Stephen right to have potential arbitrators dis- cases where the arbitration process has Ware of the Cumberland Law School close relevant information concerning not worked well, but thousands of dis- stated in a paper published by the their business ties and employment. putes have been fairly and effectively CATO Institute that ‘‘current [arbitra- All parties to the arbitration will have settled by arbitrators. Such a system is tion] law is better for all consumers an equal voice in selecting a neutral even more important because of sky- [than an exemption from the Federal arbitrator. This ensures that the large rocketing legal costs where attorneys Arbitration Act] except those few who company who sold a consumer a prod- require large contingency fees. Accord- are especially likely to have large li- uct will not select the arbitrator itself, ingly, I have opposed piecemeal legisla- ability claims. . . .’’ because the consumer with a grievance tive changes to the act. Instead, I be- Thus, while some have argued that will have the right to nominate poten- lieve that the Senate should approach the Congress should enact exemptions tial arbitrators, too. As a result, the

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Written decision. The bill grants the RECORD, as follows: sumer or the employee, the right to all parties the right to a written deci- S. 1135 have the arbitrator governed by the sion by the arbitrator explaining the Be it enacted by the Senate and House of Rep- substantive law that would apply under resolution of the case and his reasons resentatives of the United States of America in conflicts of laws principles applicable therefor. If the consumer or employee Congress assembled, in the forum in which the non-drafting takes a claim to arbitration, he de- SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Fair Arbi- party resided at the time the contract serves to have an explanation of why tration Act of 2007’’. was entered into. This means that the he won or lost. SEC. 2. ELECTION OF ARBITRATION. substantive contract law that would 11. Expenses. The bill grants all par- (a) IN GENERAL.—Chapter 1 of title 9, apply in a court where the consumer, ties the right to have an arbitrator United States Code, is amended by adding at employee, or business resides at the provide for reimbursement of arbitra- the end the following: time of making the contract will apply tion fees in the interests of justice and ‘‘§ 17. Election of arbitration in the arbitration. Thus, in a dispute the reduction, deferral, or waiver of ar- ‘‘(a) FAIR DISCLOSURE.—In order to be bind- arising from the purchase of a product bitration fees in cases of extreme hard- ing on the parties, a contract containing an by an Alabama consumer from an Illi- ship. It does little good to take a claim arbitration clause shall— nois company, a court would have to to arbitration if the consumer or em- ‘‘(1) have a printed heading in bold, capital ployee cannot even afford the arbitra- letters entitled ‘ARBITRATION CLAUSE’, determine whether Alabama or Illinois which heading shall be printed in letters not tion fee. This provision ensures that law applied by looking to the language smaller than 1⁄2 inch in height; of the contract and to the place where the arbitrator can waive or reduce the ‘‘(2) explicitly state whether participation the contract was entered into. The bill fee or make the company reimburse within the arbitration program is mandatory ensures that an arbitrator would use the consumer or employee for a fee if or optional; the same conflict of laws principles the interests of justice so require. ‘‘(3) identify a source that a consumer or that a court would in determining 12. Small claims opt-out. The bill employee can contact for additional infor- whether Alabama or Illinois law would grants all parties the right to opt out mation regarding— ‘‘(A) costs and fees of the arbitration pro- govern the arbitration proceedings. of arbitration into small claims court if that court has jurisdiction over the gram; and 4. Representation. The bill grants all ‘‘(B) all forms and procedures necessary for parties the right to be represented by claim and the claim does not exceed effective participation in the arbitration counsel at their own expense. Thus, if $50,000. program; and the claim involves complicated legal The bill also provides an effective ‘‘(4) provide notice that all parties retain issues, consumers, employees, or small mechanism for parties to enforce these the right to resolve a dispute in a small businesses would be free to have their rights. At any time, if a consumer or claims court, as provided in subsection lawyer represent him in the arbitra- employee believes that another party (b)(12). ‘‘(b) PROCEDURAL RIGHTS.— tion. Such representation should be violated his or her rights, the consumer or employee can request and the ‘‘(1) IN GENERAL.—If a contract provides for substantially less expensive than a the use of arbitration to resolve a dispute trial in court because of the more ab- arbitrator may award a penalty up to arising out of or relating to the contract, breviated and expedited process of arbi- the amount of the claim plus attorneys each party to the contract shall be afforded tration. fees. For example, if a defendant party the rights described in this subsection, in ad- 5. Hearing. The bill grants all parties failed to provide discovery to a plain- dition to any rights provided by the con- the right to a fair hearing in a forum tiff party, the plaintiff could move for tract. that is reasonably convenient to the an award of fees. The amount of the fee ‘‘(2) COMPETENCE AND NEUTRALITY OF ARBI- consumer or employee. This would pre- award is limited, as it is in court, to TRATOR AND ADMINISTRATIVE PROCESS.— the amount of cost incurred by the em- ‘‘(A) IN GENERAL.—Each party to the dis- vent a large company from requiring pute (referred to in this section as a ‘party’) consumers, employees, or small busi- ployee in trying to obtain the informa- shall be entitled to a competent, neutral ar- ness owners to travel across the coun- tion from the company. This principle bitrator and an independent, neutral admin- try to arbitrate their claim and to ex- is taken from Rule 37 of the Federal istration of the dispute. pend more in travel costs than their Rules of Civil Procedure. After the de- ‘‘(B) ARBITRATOR.—Each party shall have claim is potentially worth. cision, if the losing party believes that an vote in the selection of the arbitrator, 6. Evidence. The bill grants all par- the rights granted to him by the Act who— ties the right to conduct discovery and have been violated, it may file a peti- ‘‘(i) unless otherwise agreed by the parties, tion with the Federal district court. If shall be a member in good standing of the to present evidence. This ensures that bar of the highest court of the State in the arbitrator can have all the facts be- the court finds by clear and convincing which the hearing is to be held; fore making a decision. evidence that the losing party’s rights ‘‘(ii) shall comply with the Code of Ethics 7. Cross examination. The bill grants were violated, it may order a new arbi- for Arbitrators in Commercial Disputes of all parties the right to cross examine trator appointed. Thus, if a consumer, the American Bar Association and the Amer- witnesses presented by the other party employee, or small business has an ar- ican Arbitration Association and any appli- at the hearing. This allows a party to bitrator that is unfair and this causes cable code of ethics of any bar of which the test the statements of the other par- him to lose the case, the plaintiff can arbitrator is a member; ty’s witnesses and be sure that the evi- obtain another arbitrator. ‘‘(iii) shall have no— This bill is an important step to con- ‘‘(I) personal or financial interest in the re- dence before the arbitrator is correct. sults of the proceedings in which the arbi- 8. Record. The bill grants all parties tinuing a constructive dialog on arbitrator is appointed; or the right to hire a stenographer or tape tration. This bill will ensure that those ‘‘(II) relation to the underlying dispute or record the hearing to produce a record. who can least afford to go to court can to the parties or their counsel that may cre- This right is key to proving later go to a less expensive arbitrator and be ate an appearance of bias; and whether the arbitration proceeding was treated fairly. It will ensure that every ‘‘(iv) prior to accepting appointment, shall fair. arbitration carried out under the Fed- disclose all information that might be rel- 9. Timely resolution. The bill grants eral Arbitration Act is completed fair- evant to neutrality (including service as an all parties the right to have an arbitra- ly, promptly, and economically. I look arbitrator or mediator in any past or pending case involving any of the parties or their tion proceeding completed promptly so forward to working with my colleagues representatives) or that may prevent a that they do not have to wait for a in the Senate to ensure that con- prompt hearing. year or more to have their claim re- sumers, employees, and small busi- ‘‘(C) ADMINISTRATION.—The arbitration solved. Under the bill, a defendant nesses who agree in a contract to arbi- shall be administered by an independent,

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If such a find- trator shall have reasonable discretion to cumstances (including multiparty, multidis- ing is made, the court shall order a rehearing conduct the proceeding in consideration of trict, or complex litigation) the arbitrator before a new arbitrator selected in the same the specific type of industry involved. may grant a limited extension of the time manner as the original arbitrator as the ex- ‘‘(3) APPLICABLE LAW.—In resolving a dis- limits under this paragraph, or the parties clusive judicial remedy provided by this sec- pute, the arbitrator— may agree to such an extension. tion. ‘‘(A) shall be governed by the same sub- ‘‘(D) DECISION.—The arbitrator shall notify ‘‘(d) LIMITATION ON CLAIMS.—Except as oth- stantive law that would apply under conflict each party of its decision not later than 30 erwise expressly provided in this section, of laws principles applicable in a court of the days after the hearing. nothing in this section may be construed to State in which the party that is not drafter ‘‘(10) WRITTEN DECISION.—The arbitrator be the basis for any claim in law or equity. of the contract resided at the time the con- shall provide each party with a written ex- ‘‘(e) DEFINITIONS.—In this section— tract was entered into; and planation of the factual and legal basis for ‘‘(1) the term ‘contract’ means a contract ‘‘(B) shall be empowered to grant whatever the decision. This written decision shall de- evidencing a transaction involving com- relief would be available in court under law scribe the application of an identified con- merce; and or equity. tract term, statute, or legal precedent. The ‘‘(2) the term ‘State’ includes the District ‘‘(4) REPRESENTATION.—Each party shall decision of the arbitrator shall be subject to of Columbia, the Commonwealth of Puerto have the right to be represented by an attor- review only as provided in subsection (c)(2) Rico, Guam, the Commonwealth of the ney, or other representative as permitted by of this section and sections 10, 11, and 16 of Northern Mariana Islands, and the Virgin Is- State law, at their own expense. this title. lands.’’. ‘‘(5) HEARING.— ‘‘(11) EXPENSES.—The arbitrator or inde- (b) TECHNICAL AND CONFORMING AMEND- ‘‘(A) IN GENERAL.—Each party shall be en- pendent arbitration administration organiza- MENT.—The table of sections at the begin- titled to a fair arbitration hearing (referred tion, as applicable, shall have the authority ning of chapter 1 of title 9, United States to in this section as a ‘hearing’) with ade- to— Code, is amended by adding at the end the quate notice and an opportunity to be heard. ‘‘(A) provide for reimbursement of arbitra- following: ‘‘(B) ELECTRONIC OR TELEPHONIC MEANS.— tion fees to the claimant, in whole or in part, ‘‘17. Election of arbitration.’’. Subject to subparagraph (C), in order to re- as part of the remedy in accordance with ap- (c) EFFECTIVE DATE.—The amendments duce cost, the arbitrator may hold a hearing plicable law or in the interests of justice; made by this section shall apply to any con- by electronic or telephonic means or by a and tract (as that term is defined in section 17 of submission of documents. ‘‘(B) waive, defer, or reduce any fee or title 9, United States Code, as added by this ‘‘(C) FACE-TO-FACE MEETING.—Each party charge due from the claimant in the event of Act) entered into after the date that is 6 shall have the right to require a face-to-face extreme hardship. months after the date of enactment of this hearing, which hearing shall be held at a lo- ‘‘(12) SMALL CLAIMS OPT OUT.— Act. cation that is reasonably convenient for the ‘‘(A) IN GENERAL.—Each party shall have party who did not draft the contract unless the right to opt out of binding arbitration By Mr. MENENDEZ (for himself, in the interest of fairness the arbitrator de- and to proceed in any small claims court Mr. BAUCUS, and Ms. CANT- termines otherwise, in which case the arbi- with jurisdiction over the claim. For pur- trator shall use the process described in sec- poses of this paragraph, no court with juris- WELL): tion 1391 of title 28, to determine the venue diction to hear claims in excess of $50,000 S. 1137. A bill authorize grants to for the hearing. shall be considered a small claims court. carry out projects to provide education ‘‘(6) EVIDENCE.—With respect to any hear- ‘‘(B) EXCEPTION.—If a complaint in small on preventing teen pregnancies, and for ing— claims court is amended to exceed the lesser other purposes; to the Committee on ‘‘(A) each party shall have the right to of the jurisdictional amount of that court or Health, Education, Labor, and Pen- present evidence at the hearing and, for this a claim for $50,000 in total damages, the sions. purpose, each party shall grant access to all small claims court exemption of this para- Mr. MENENDEZ. Mr. President, information reasonably relevant to the dis- graph shall not apply and the parties shall pute to the other parties, subject to any ap- proceed by arbitration. today I am introducing the Teen Preg- plicable privilege or other limitation on dis- ‘‘(c) DENIAL OF RIGHTS.— nancy Prevention Responsibility and covery under applicable State law; ‘‘(1) DENIAL OF RIGHTS BY PARTY MIS- Opportunity Act, legislation that cre- ‘‘(B) consistent with the expedited nature CONDUCT.— ates a comprehensive approach to of arbitration, relevant and necessary pre- ‘‘(A) IN GENERAL.—At any time during an fighting teen pregnancy and giving hearing depositions shall be available to arbitration proceeding, any party may file a young people the support they need to each party at the direction of the arbitrator; motion with the arbitrator asserting that make informed decisions. another party has deprived the movant of a and The results of a 1997 congressionally- ‘‘(C) the arbitrator shall— right granted by this section and seeking re- ‘‘(i) make reasonable efforts to maintain lief. ordered study were released this the privacy of the hearing to the extent per- ‘‘(B) AWARD BY ARBITRATOR.—If the arbi- month. The 6-year study found that mitted by applicable State law; and trator determines that the movant has been youth who participate in abstinence ‘‘(ii) consider appropriate claims of privi- deprived of a right granted by this section by education programs are no more or less lege and confidentiality in addressing evi- another party, the arbitrator shall award the likely to engage in sex than those who dentiary issues. movant a monetary amount, which shall not do not participate in abstinence edu- ‘‘(7) CROSS EXAMINATION.—Each party shall exceed the reasonable expenses incurred by cation programs. Both groups are re- have the right to cross examine witnesses the movant in filing the motion, including presented by the other parties at a hearing. attorneys’ fees, unless the arbitrator finds ported to have similar numbers of sex- ‘‘(8) RECORD OF PROCEEDING.—Any party that— ual partners, and to have sex for the seeking a stenographic record of a hearing ‘‘(i) the motion was filed without the mov- first time at about the same age; shall make arrangements directly with a ste- ant first making a good faith effort to obtain around 15 years old. This proves that nographer and shall notify the other parties discovery or the realization of another right abstinence-only education isn’t work- of these arrangements not less than 3 days granted by this section; ing. before the date of the hearing. The request- ‘‘(ii) the opposing party’s nondisclosure, But rather than invest in proven pro- ing party shall pay the costs of obtaining the failure to respond, response, or objection was grams, the Bush administration con- record. If the transcript is agreed by the par- substantially justified; or tinues to insist on a narrow-minded, ties, or determined by the arbitrator to be ‘‘(iii) the circumstances otherwise make an the official record of the proceeding, it shall award of expenses unjust. misguided approach of abstinence-only be provided to the arbitrator and made avail- ‘‘(2) DENIAL OF RIGHTS BY ARBITRATOR.— education. As this study demonstrates, able to the other parties for inspection, at a ‘‘(A) IN GENERAL.—A losing party in an ar- abstinence-only just doesn’t cut it. The date, time, and place determined by the arbi- bitration proceeding may file a petition in United States continues to have the trator. the United States district court in the State highest teen-pregnancy rate and teen ‘‘(9) TIMELY RESOLUTION.— in which the party that did not draft the birth rate in the western industrialized ‘‘(A) IN GENERAL.—Upon submission of a contract resided at the time the contract world. In a human context, this im- complaint by the claimant, the respondent was entered into to assert that the arbi- pacts one-third of all teenage girls. In shall have not more than 30 days to file an trator violated a right granted to the party answer. by this section and to seek relief. a fiscal context, these unintended preg- ‘‘(B) EVIDENCE.—After the answer is filed ‘‘(B) REVIEW.—A United States district nancies cost the United States at least by the respondent, the arbitrator shall direct court may grant a petition filed under sub- $9 billion annually despite Federal ap- each party to file documents and to provide paragraph (A) if the court finds clear and propriations of about $176 million a

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Instead we must con- and are on the front lines in the fight after school programs, employment op- tinue to open the door of opportunity. against terrorism and in maintaining home- portunities, and medically and scientif- I urge my colleagues to join me in sup- land security; ically accurate family life education. porting this important legislation. Whereas public servants work in a professional manner to build relationships with The time is now for a new direction in f sex education. other countries and cultures in order to bet- Adolescents need to know we care. SUBMITTED RESOLUTIONS ter represent America’s interests and promote American ideals; They need to know we care as parents, Whereas public servants alert Congress and as educators, as business people, as the public to government waste, fraud, politicians, and as healthcare pro- SENATE RESOLUTION 150—EX- PRESSING THE SENSE OF THE abuse, and dangers to public health; viders. They need to know we want Whereas the men and women serving in the them to become successful contrib- SENATE THAT PUBLIC SERV- Armed Forces of the United States, as well uting members of society, but for that ANTS SHOULD BE COMMENDED as those skilled trade and craft Federal em- to happen we must commit to and in- FOR THEIR DEDICATION AND ployees who provide support to their efforts, vest in them. We need to be opening CONTINUED SERVICE TO THE NA- are committed to doing their jobs regardless TION DURING PUBLIC SERVICE of the circumstances, and contribute greatly doors for these young people, and that to the security of the Nation and the world; is just what my Teen Pregnancy Pre- RECOGNITION WEEK, MAY 7 THROUGH 13, 2007 Whereas public servants have bravely vention, Responsibility and Oppor- fought in armed conflict in defense of this tunity Act will do. Mr. AKAKA (for himself, Mr. Nation and its ideals and deserve the care The Teen Pregnancy Prevention, Re- VOINOVICH, Mr. LIEBERMAN, Ms. COL- and benefits they have earned through their sponsibility and Opportunity Act will LINS, Mr. LEVIN, Mr. STEVENS, Mr. CAR- honorable service; establish a comprehensive program for PER, Mr. WARNER, and Mr. LAUTEN- Whereas government workers have much reducing adolescent pregnancy through BERG) submitted the following resolu- to offer, as demonstrated by their expertise education and information programs, tion; which was referred to the Com- and innovative ideas, and serve as examples by passing on institutional knowledge to as well as positive activities and role mittee on Homeland Security and Gov- train the next generation of public servants; models both in school and out of ernmental Affairs: Whereas May 7 through 13, 2007, has been school. S. RES. 150 designated Public Service Recognition Week While we have done a good job of pro- Whereas Public Service Recognition Week to honor America’s Federal, State, and local gressively decreasing teen pregnancy, provides an opportunity to recognize the im- government employees; and we can do better. With the sons of teen portant contributions of public servants and Whereas Public Service Recognition Week mothers more likely to end up in pris- honor the diverse men and women who meet is celebrating its 23rd anniversary through on, and the daughters of teen mothers the needs of the Nation through work at all job fairs, student activities, and agency ex- levels of government; hibits: Now, therefore, be it more likely to end up teen mothers Resolved, That the Senate— themselves, we must act now to break Whereas millions of individuals work in government service in every city, county, (1) commends public servants for their out- this problematic cycle. and State across America and in hundreds of standing contributions to this great Nation The time is now to make a real dif- cities abroad; during Public Service Recognition Week and ference in the lives of our youth, and to Whereas public service is a noble calling throughout the year; give them the support they need to involving a variety of challenging and re- (2) salutes their unyielding dedication and grow and lead positive lives. warding professions; spirit for public service; Our schools, community and faith- Whereas Federal, State, and local govern- (3) honors those government employees who have given their lives in service to their based organizations need access to ments are responsive, innovative, and effective because of the outstanding work of pub- country; funds to teach age-appropriate, factu- (4) calls upon a new generation to consider ally and medically accurate, and sci- lic servants; Whereas the United States of America is a a career in public service as an honorable entifically-based family life education. great and prosperous Nation, and public profession; and We need programs that encourage service employees contribute significantly to (5) encourages efforts to promote public teens to delay sexual activity. that greatness and prosperity; service careers at all levels of government. We need to provide services and Whereas the Nation benefits daily from the Mr. AKAKA. Mr. President, today I interventions for sexually active teens. knowledge and skills of these highly trained rise to submit a resolution to honor We need to educate both young men individuals; Federal, State, and local government and women about the responsibilities Whereas public servants— employees during Public Service Rec- and pressures that come along with (1) provide vital strategic support func- ognition Week. I am proud to be joined tions to our military and serve in the Na- parenting. OINOVICH tional Guard and Reserves; in this effort by Senators V , We need to help parents commu- (2) fight crime and fire; LIEBERMAN, COLLINS, LEVIN, STEVENS, nicate with teens about sexuality. (3) ensure equal access to secure, efficient, CARPER, WARNER, and LAUTENBERG and We need to teach young people re- and affordable mail service; by Representative DANNY DAVIS, chair- sponsible decision-making. (4) deliver social security and medicare man of the House Federal Workforce And, we need to fund after school benefits; Subcommittee, who is submitting this programs that will enrich their edu- (5) fight disease and promote better health; resolution in the House. cation, and offer character and coun- (6) protect the environment and the Na- We all recognize the important work seling services. tion’s parks; performed by public servants and the We know that after school programs (7) enforce laws guaranteeing equal employment opportunities and healthy working impact they have on all of our lives. reduce risky adolescent behavior by in- conditions; Over hundreds of years, our country volving teens in positive activities that (8) defend and secure critical infrastruc- has grown and prospered due in large also provide positive life skills. Teen- ture; part to the dedication of public serv- age girls who play sports, for instance, (9) help the Nation recover from natural ants at all levels of government. Each are more likely to wait to become sex- disasters and terrorist attacks; day public servants, in small and large ually active, and to have fewer part- (10) teach and work in our schools and li- ways, work to maintain, and in many ners. They are consequently less likely braries; cases enhance, the quality of our lives. to become pregnant. (11) develop new technologies and explore Whether they are saving lives as fire- the earth, moon, and space to help improve Let us join together to recommit our understanding of how our world changes; fighters, police officers, or members of ourselves to continuing to decrease the (12) improve and secure our transportation the Coast Guard; preserving our envi- incidence of teen pregnancy, and re- systems; ronment by patrolling parks, discov- commit ourselves to offering family (13) keep the Nation’s economy stable; and ering new ways to live ‘‘green,’’ or

VerDate Aug 31 2005 04:03 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A17AP6.056 S17APPT1 jcorcoran on PROD1PC62 with SENATE S4618 CONGRESSIONAL RECORD — SENATE April 17, 2007 working at wastewater treatment (1) commends the University of Wyoming SENATE RESOLUTION 153—MAKING plants; working to improve govern- Cowgirls for their victory in the champion- TEMPORARY APPOINTMENTS TO ment services by eliminating waste, ship basketball game of the Women’s Na- THE SELECT COMMITTEE ON fraud, and abuse; or working to keep tional Invitation Tournament; and ETHICS (2) requests the Secretary of the Senate to our Nation safe as members of our Mr. REID submitted the following armed forces or as diplomats, public transmit a copy of this resolution to the University of Wyoming Cowgirls basketball resolution; which was considered and servants perform duties with excel- team Head Coach Joe Legerski and to the agreed to: lence and professionalism that Ameri- University of Wyoming President Thomas S. RES. 153 cans rely on every day. Buchanan for appropriate display. Resolved, That (a) for matters before the Public Service Recognition Week is a Select Committee on Ethics involving the great occasion to draw attention to f preliminary inquiry arising in connection and underscore the valuable contribu- with alleged communications by persons tions of those who dedicate themselves within the committee’s jurisdiction with and to public service. For more than 20 SENATE RESOLUTION 152—HON- concerning David C. Iglesias, then United years, the Nation has participated in a ORING THE LIFETIME ACHIEVE- States Attorney for the District of New Mex- week-long celebration to highlight MENTS OF JACKIE ROBINSON ico, and subsequent action by the committee their achievements. This year, the 23rd with respect to that matter, if any, the Sen- Mr. BUNNING (for himself, Mr. ator from Colorado (Mr. Salazar) shall be re- annual Public Service Recognition PRYOR, Mr. MCCONNELL, Mr. KERRY, placed by the Senator from Ohio (Mr. Week will take place May 7–13, 2007. Mr. OBAMA, and Mr. CARDIN) submitted Brown). State and Federal agencies across the (b) The membership of the Select Com- Nation plan to host activities to honor the following resolution; which was mittee on Ethics shall be unchanged with re- their achievements and improve public considered and agreed to: spect to all matters before that committee other than the matter referred to in sub- understanding of their contributions. S. RES. 152 section (a). As the Federal Government is facing Whereas Jackie Robinson was the first ath- f what the Office of Personnel Manage- lete in the history of the University of Cali- ment calls a retirement tsunami, Pub- fornia at Los Angeles to letter in 4 sports in AMENDMENTS SUBMITTED AND lic Service Recognition Week also pro- 1 year; PROPOSED vides an opportunity for the Federal Whereas on April 15, 1947, Jackie Robinson SA 885. Mr. DURBIN (for himself, Mr. Government to showcase the rewarding became the first African-American to play HAGEL, Mr. BIDEN, Mr. CASEY, and Mr. and challenging careers in the public for a major league baseball team; WHITEHOUSE) submitted an amendment in- sector and inspire a new generation of Whereas Jackie Robinson, who began his tended to be proposed to amendment SA 843 public servants. Working for the public career in the Negro Leagues, was named proposed by Mr. ROCKEFELLER (for himself good is a high and noble calling, and Rookie of the Year in 1947 and led the Brook- and Mr. BOND) to the bill S. 372, to authorize this annual celebration is the perfect lyn Dodgers to 6 National League pennants appropriations for fiscal year 2007 for the in- opportunity for Federal agencies to re- in 10 years and a World Series championship; telligence and intelligence-related activities cruit new employees. Whereas Jackie Robinson’s inspiring ca- of the United States Government, the Intel- reer earned him recognition as the first Afri- ligence Community Management Account, I want to thank all public employees can-American to win a batting title, to lead and the Central Intelligence Agency Retire- for the work they do day after day to the league in stolen bases, to play in an All- ment and Disability System, and for other make government effective, and I urge Star game, to play in the World Series, and purposes; which was ordered to lie on the my colleagues and all Americans to to win a Most Valuable Player award; table. join in Federal, State, and local cele- Whereas Jackie Robinson was elected to SA 886. Mr. WYDEN (for himself, Mr. BOND, brations and recognize the outstanding the Baseball Hall of Fame in 1962, the first and Mr. ROCKEFELLER) submitted an amend- contributions made by public servants African-American to receive such an honor; ment intended to be proposed to amendment to our daily lives. I ask my colleagues Whereas in March of 1984, President Ronald SA 843 proposed by Mr. ROCKEFELLER (for himself and Mr. BOND) to the bill S. 372, for their support for this resolution. Reagan posthumously awarded Jackie Rob- inson the Presidential Medal of Freedom; supra; which was ordered to lie on the table. f SA 887. Mr. BAYH submitted an amend- Whereas on October 29, 2003, Congress post- ment intended to be proposed to amendment SENATE RESOLUTION 151—COM- humously awarded Jackie Robinson the Con- SA 843 proposed by Mr. ROCKEFELLER (for gressional Gold Medal, the highest award MENDING THE UNIVERSITY OF himself and Mr. BOND) to the bill S. 372, WYOMING COWGIRLS FOR THEIR Congress can bestow; supra; which was ordered to lie on the table. CHAMPIONSHIP VICTORY IN THE Whereas Major League Baseball renamed f WOMEN’S NATIONAL INVITATION the Rookie of the Year Award the Jackie TOURNAMENT Robinson Award in his honor; TEXT OF AMENDMENTS Whereas his legacy continues through the Mr. DURBIN (for himself, Mr. Mr. ENZI (for himself and Mr. THOM- Jackie Robinson Foundation that has pro- SA 885. AS) submitted the following resolution; vided over $14,500,000 in scholarships to stu- HAGEL, Mr. BIDEN, Mr. CASEY, and Mr. which was considered and agreed to: dents in need; WHITEHOUSE) submitted an amendment intended to be proposed to amendment S. RES. 151 Whereas Jackie Robinson’s courage and SA 843 proposed by Mr. ROCKEFELLER Whereas, on March 31, 2007, the University dignity taught the Nation about the strength of Wyoming Cowgirls defeated the Univer- of the human spirit when confronted with (for himself and Mr. BOND) to the bill sity of Wisconsin Badgers by a score of 72–56 seemingly immovable obstacles; S. 372, to authorize appropriations for in the championship basketball game of the Whereas Jackie Robinson, in his career, fiscal year 2007 for the intelligence and Women’s National Invitation Tournament; demonstrated that how you play the game is intelligence-related activities of the Whereas their victory was witnessed by a more important than the final score; United States Government, the Intel- record crowd at the University of Wyoming Whereas Jackie Robinson’s legacy helps ligence Community Management Ac- Arena-Auditorium; make the American dream more accessible count, and the Central Intelligence to all; Whereas the outstanding play of forward Agency Retirement and Disability Sys- Hanna Zavecz earned her the award of the Whereas April 15, 2007, marks the 60th an- Women’s National Invitation Tournament niversary of Jackie Robinson’s first game in tem, and for other purposes; which was Most Valuable Player; Major League Baseball; and ordered to lie on the table; as follows: Whereas the University of Wyoming Cow- Whereas on April 15, 2007, over 200 players, At the end of title III, add the following: girls Head Coach Joe Legerski led the Cow- managers, and coaches wore Jackie Robin- SEC. 315. NATIONAL INTELLIGENCE ESTIMATE girls basketball team to its most successful son’s number, 42, which was retired through- ON GLOBAL CLIMATE CHANGE. season in school history; and out Major League Baseball in 1997, to honor (a) REQUIREMENT FOR NATIONAL INTEL- Whereas the University of Wyoming stu- his achievements: Now, therefore, be it LIGENCE ESTIMATE.— dents and faculty are dedicated to academic (1) IN GENERAL.—Except as provided in and athletic achievement, and serve as the Resolved, That the achievements and con- paragraph (2), not later than 270 days after standard of excellence, scholarship, and tributions of Jackie Robinson be honored the date of the enactment of this Act, the sportsmanship for the entire Nation: Now, and celebrated; that his dedication and sac- Director of National Intelligence shall sub- therefore, be it rifice be recognized; and that his contribu- mit to Congress a National Intelligence Esti- Resolved, That the Senate— tions to the Nation be remembered. mate (NIE) on the anticipated geopolitical

VerDate Aug 31 2005 02:55 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A17AP6.061 S17APPT1 jcorcoran on PROD1PC62 with SENATE April 17, 2007 CONGRESSIONAL RECORD — SENATE S4619 effects of global climate change and the im- mitted an amendment intended to be forces in the field, including for activities in plications of such effects on the national se- proposed to amendment SA 843 pro- Iraq, Afghanistan, Colombia, East, South curity of the United States. posed by Mr. ROCKEFELLER (for himself and Southeast Asia. (2) NOTICE REGARDING SUBMITTAL.—If the (2) A description of progress in developing and Mr. BOND) to the bill S. 372, to au- Director of National Intelligence determines next-generation stealth, medium-altitude that the National Intelligence Estimate re- thorize appropriations for fiscal year unmanned aerial vehicles. quired by paragraph (1) cannot be submitted 2007 for the intelligence and intel- (3) A schedule for addressing such short- by the date specified in that paragraph, the ligence-related activities of the United ages. Director shall notify Congress and provide— States Government, the Intelligence (4) An assessment of whether or not the (A) the reasons that the National Intel- Community Management Account, and Department of Defense has requested all ligence Estimate cannot be submitted by the Central Intelligence Agency Re- funds required to keep production lines for such date; and tirement and Disability System, and such unmanned aerial vehicles running at maximum capacity until such shortages are (B) an anticipated date for the submittal of for other purposes; which was ordered the National Intelligence Estimate. fully addressed, and, if not, a statement of (b) CONTENT.—The Director of National In- to lie on the table; as follows: the reasons why. telligence shall prepare the National Intel- At the end of subtitle B of title IV, insert (5) A description of the actions required to ligence Estimate required by this section the following: fully address such shortages. using the mid-range projections of the fourth SEC. 426. AVAILABILITY OF THE EXECUTIVE SUM- (6) An assessment of whether such short- assessment report of the Intergovernmental MARY OF THE OFFICE OF INSPEC- ages can be eliminated through the opening Panel on Climate Change— TOR GENERAL REPORT ON CENTRAL of additional production lines for Predator (1) to assess the political, social, agricul- INTELLIGENCE AGENCY ACCOUNT- Unmanned Aerial Vehicles and Global Hawk tural, and economic risks during the 30-year ABILITY REGARDING FINDINGS AND Unmanned Aerial Vehicles, as applicable, or CONCLUSIONS OF THE REPORT OF a sole-source producer delays the achieve- period beginning on the date of the enact- THE JOINT INQUIRY INTO INTEL- ment of this Act posed by global climate LIGENCE COMMUNITY ACTIVITIES ment of production and procurement sched- change for countries or regions that are— BEFORE AND AFTER THE TER- ules for such vehicles, and if so, rec- (A) of strategic economic or military im- RORIST ATTACKS OF SEPTEMBER 11, ommendations for securing one or more addi- portance to the United States and at risk of 2001. tional producers of such vehicles. significant impact due to global climate (a) PUBLIC AVAILABILITY.—Not later than (7) A statement of the anticipated overseas change; or 30 days after the date of the enactment of requirements for such unmanned aerial vehi- (B) at significant risk of large-scale hu- this Act, the Director of the Central Intel- cles during the five-year period beginning on manitarian suffering with cross-border im- ligence Agency shall make available to the the date of the report, including an assess- plications as predicted on the basis of the as- public an unclassified version of the Execu- ment of the extent to which long-endurance sessments; tive Summary of the report of the Inspector unmanned aerial vehicles, whether armed or (2) to assess other risks posed by global cli- General of the Central Intelligence Agency for intelligence, surveillance, and reconnais- mate change, including increased conflict entitled Office of Inspector General Report sance purposes, are long-term and growing over resources or between ethnic groups, on Central Intelligence Agency Account- requirement for the Armed Forces. within countries or transnationally, inability Regarding Findings and Conclusions (8) A statement as to whether domestic re- creased displacement or forced migrations of of the Report of the Joint Inquiry into Intel- quirements for medium-altitude unmanned vulnerable populations due to inundation or ligence Community Activities Before and aerial vehicles will further delay meeting all other causes, increased food insecurity, and After the Terrorist Attacks of September 11, overseas military and intelligence require- increased risks to human health from infec- 2001, issued in June 2005, that is declassified ments. tious disease; to the maximum extent possible, consistent (c) FORM.—The report required by subsection (a) shall be submitted in unclassified (3) to assess the capabilities of the coun- with national security. form, but may include a classified annex. tries or regions described in subparagraph (b) REPORT TO CONGRESS.—The Director of (A) or (B) of paragraph (1) to respond to ad- the Central Intelligence Agency shall submit f to Congress a classified annex to the declas- verse impacts caused by global climate NOTICES OF HEARINGS/MEETINGS change; sified Executive Summary made available (4) to assess the security implications and under subsection (a) that explains the reason PERMANENT SUBCOMMITTEE ON INVESTIGATIONS opportunities for the United States economy that any redacted material in the Executive Mr. LEVIN. Mr. President, I would of engaging, or failing to engage success- Summary was withheld from the public. like to announce for the information of fully, with other leading and emerging major the Senate and the public that the Per- contributors of greenhouse gas emissions in SA 887. Mr. BAYH submitted an manent Subcommittee on Investiga- efforts to reduce emissions; and amendment intended to be proposed to tions of the Committee on Homeland (5) to make recommendations for further amendment SA 843 proposed by Mr. Security and Governmental Affairs will assessments of security consequences of ROCKEFELLER (for himself and Mr. hold a hearing entitled ‘‘Transit Bene- global climate change that would improve BOND) to the bill S. 372, to authorize fits: How Some Federal Employees Are national security planning. appropriations for fiscal year 2007 for (c) COORDINATION.—In preparing the Na- Taking Uncle Sam For A Ride.’’ In tional Intelligence Estimate under this sec- the intelligence and intelligence-re- 2006, the Permanent Subcommittee on tion, the Director of National Intelligence lated activities of the United States Investigations, at Senator COLEMAN’s shall consult with representatives of the sci- Government, the Intelligence Commu- request, initiated an investigation into entific community, including atmospheric nity Management Account, and the possible abuses of the Federal Transit and climate studies, security studies, con- Central Intelligence Agency Retire- Benefit Program. Under this program, flict studies, economic assessments, and en- ment and Disability System, and for the Federal Government provides vironmental security studies, the Secretary other purposes; which was ordered to of Defense, the Secretary of State, the Ad- qualified Federal employees with bene- ministrator of the National Oceanographic lie on the table; as follows: fits for use on public transportation and Atmospheric Administration, the Ad- At the end of title V, add the following: systems in order to reduce air pollu- ministrator of the National Aeronautics and SEC. 509. PROCUREMENT OF PREDATOR AND tion and decrease traffic congestion. Space Administration, the Administrator of GLOBAL HAWK UNMANNED AERIAL For instance, employees living in the the Environmental Protection Agency, the VEHICLES AND RELATED SYSTEMS. Washington, D.C. area receive a paper Secretary of Energy, and the Secretary of (a) REPORT REQUIRED.—Not later than 90 days after the date of the enactment of this card, called a Metrochek or Metro Agriculture, and, if appropriate, multilateral Smartrip, with a magnetically encoded institutions and allies of the United States Act, the Secretary of Defense shall submit to that have conducted significant research on Congress a report on the actions being taken value that can be used on Metrorail or global climate change. by the Department of Defense to address exchanged for an equivalent value in (d) FORM.—The National Intelligence Esti- shortfalls in the procurement of Predator train or bus tickets. The April 24th mate required by this section shall be sub- Unmanned Aerial Vehicles and Global Hawk Subcommittee hearing will examine mitted in unclassified form, to the extent Unmanned Aerial Vehicles and associated or- whether transit benefits are being mis- consistent with the protection of intel- bits for military and intelligence mission re- used, program rules are being violated, ligence sources and methods, and include un- quirements. and agency oversight requires classified key judgments of the National In- (b) ELEMENTS.—The report required by sub- strengthening. Witnesses for the up- telligence Estimate. The National Intel- section (a) shall include the following: ligence Estimate may include a classified (1) A description of any shortages in avail- coming hearing will include the Gov- annex. able Predator Unmanned Aerial Vehicles, ernment Accountability Office, the De- Global Hawk Unmanned Aerial Vehicles, and partment of Transportation (DOT), the SA 886. Mr. WYDEN (for himself, Mr. associated orbits to meet requirements of DOT Inspector General, the Depart- BOND, and Mr. ROCKEFELLER) sub- United States military and intelligence ment of Defense (DOD), as well as the

VerDate Aug 31 2005 02:55 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A17AP6.055 S17APPT1 jcorcoran on PROD1PC62 with SENATE S4620 CONGRESSIONAL RECORD — SENATE April 17, 2007 DOD Inspector General. A final witness water produced in connection with de- SUBCOMMITTEE ON SECURITIES, INSURANCE, AND list will be available on Friday, April velopment of energy resources; and INVESTMENT 20, 2007. H.R. 235, to allow for the renegotiation Mr. ROCKEFELLER. Mr. President, I The Subcommittee hearing is sched- of the payment schedule of contracts ask unanimous consent that the uled for Tuesday, April 24, 2007, at 2:30 between the Secretary of the Interior subcommitte on securities, insurance, p.m. in Room 342 of the Dirksen Senate and the Redwood Valley County Water and investment be authorized to meet Office Building. For further informa- District, and for other purposes. during the session of the Senate on tion, please contact Elise J. Bean, of Because of the limited time available April 17, 2007, at 3 p.m., to conduct a the Permanent Subcommittee on In- for the hearing, witnesses may testify hearing on ‘‘subprime mortgage mar- vestigations. by invitation only. However, those ket turmoil: Examining the role of COMMITTEE ON ENERGY AND NATURAL wishing to submit written testimony securitization.’’ RESOURCES—REVISED for the hearing record should send it to The PRESIDING OFFICER. Without Mr. BINGAMAN. Mr. President, I the Committee on Energy and Natural objection, it is so ordered. would like to announce for the infor- Resources, United States Senate, f mation of the Senate and the public Washington, DC 20510–6150, or by email that a hearing has been scheduled be- to Gina [email protected]. PRIVILEGES OF THE FLOOR fore the Committee on Energy and Nat- f Mr. GRASSLEY. Mr. President, I ask ural Resources. unanimous consent that Martin Sobel, AUTHORITY FOR COMMITTEES TO The hearing will be held on April 23, a member of my staff, be granted floor MEET 2007 at 3 p.m. in room SD–366 of the privileges during this week’s session of Dirksen Senate Office Building. COMMITTEE ON ARMED SERVICES the Senate. The purpose of the hearing is to re- Mr. ROCKEFELLER. Mr. President, I The PRESIDING OFFICER. Without ceive testimony on S. 1115, a bill to ask unanimous consent that the Com- objection, it is so ordered. promote the efficient use of oil, nat- mittee on Armed Services be author- Mr. CORNYN. Mr. President, I ask ural gas, and electricity, reduce oil ized to meet during the session of the unanimous consent that an intern on consumption, and heighten energy effi- Senate on Tuesday, April 17, 2007, at my staff, Maggie Haas, be granted the ciency standards for consumer prod- 9:30 a.m., in open session to receive tes- privilege of the floor for the remainder ucts and industrial equipment, and for timony on whether the Army and Ma- of this week. other purposes. rine Corps are properly sized, orga- The PRESIDING OFFICER. Without Because of the limited time available nized, and equipped to respond to the objection, it is so ordered. for the hearing, witnesses may testify most likely missions over the next two Mr. HATCH. Mr. President, I ask by invitation only. However, those decades while retaining adequate capa- unanimous consent that Dr. Guy Clif- wishing to submit written testimony bility to respond to all contingencies ton be granted the privilege of the floor for the hearing record should send two along the spectrum of combat. for the remainder of the debate on S. 3. copies of their testimony to the Com- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without mittee on Energy and Natural Re- objection, it is so ordered. objection, it is so ordered. sources, United States Senate, Wash- COMMITTEE ON COMMERCE, SCIENCE, AND f ington, DC 20510–6150. TRANSPORTATION SUBCOMMITTEE ON WATER AND POWER Mr. ROCKEFELLER. Mr. President, I COMMENDING THE UNIVERSITY OF Mr. BINGAMAN. Mr. President, I ask unanimous consent that the Com- WYOMING COWGIRLS would like to announce for the infor- mittee on Commerce, Science, and Mr. BROWN. Mr. President, I ask mation of the Senate and the public Transportation be authorized to hold a unanimous consent that the Senate that a hearing has been scheduled be- hearing during the session of the Sen- now proceed to the consideration of S. fore the Subcommittee on Water and ate on Tuesday, April 17, 2007, at 10 Res. 151, which was submitted earlier Power of the Committee on Energy and a.m., in room 253 of the Russell Senate today. Natural Resources. The hearing will be Office Building. The purpose of this The PRESIDING OFFICER. The held on April 25, 2007, at 2:30 p.m. in hearing is to examine the role of the clerk will report the resolution by room 366 of the Dirksen Senate Office Federal Communications Commission title. Building in Washington, DC. in reviewing the XM-Sirius merger, and The assistant legislative clerk read The purpose of the hearing is to re- issues related to the effect of this pro- as follows: ceive testimony on the following bills: posed merger on competition and the A resolution (S. Res. 151) commending the S. 175, to provide for a feasibility study public interest. of alternatives to augment the water University of Wyoming Cowgirls for their The PRESIDING OFFICER. Without championship victory in the Women’s Na- supplies of the Central Oklahoma Mas- objection, it is so ordered. tional Invitation Tournament. ter Conservancy District and cities SUBCOMMITTEE ON EMPLOYMENT AND There being no objection, the Senate served by the District; S. 324, to direct WORKPLACE SAFETY proceeded to consider the resolution. the Secretary of the Interior to con- Mr. ROCKEFELLER. Mr. President, I Mr. BROWN. Mr. President, I ask duct a study of water resources in the ask unanimous consent that the Sub- unanimous consent that the resolution State of New Mexico; S. 542, to author- committee on Employment and Work- be agreed to, the preamble be agreed ize the Secretary of the Interior to con- place Safety be authorized to hold a to, and the motion to reconsider be laid duct feasibility studies to address cer- hearing on domestic violence in the upon the table. tain water shortages within the Snake, workplace during the session of the The PRESIDING OFFICER. Is there Boise, and Payette River systems in Senate on Tuesday, April 17, 2007, at 10 objection? the State of Idaho, and for other pur- a.m., in SD–628. Without objection, it is so ordered. poses; S. 752, to authorize the Sec- The PRESIDING OFFICER. Without The resolution (S. Res. 151) was retary of the Interior to participate in objection, it is so ordered. agreed to. the implementation of the Platte River SUBCOMMITTEE ON READINESS AND The preamble was agreed to. Recovery Implementation Program for MANAGEMENT SUPPORT The resolution, with its preamble, Endangered Species in the Central and Mr. ROCKEFELLER. Mr. President, I reads as follows: Lower Platte River Basin and to mod- ask unanimous consent that the sub- ify the Pathfinder Dam and Reservoir; committee on readiness and manage- S. RES. 151 S. 1037, to authorize the Secretary of ment support be authorized to meet, in Whereas, on March 31, 2007, the University the Interior to assist in the planning, closed session, during the session of the of Wyoming Cowgirls defeated the Univer- design, and construction of the Tumalo sity of Wisconsin Badgers by a score of 72–56 Senate on Tuesday, April 17, 2007, at 3 in the championship basketball game of the Irrigation District Water Conservation p.m., to receive a briefing on the cur- Women’s National Invitation Tournament; Project in Deschutes County, Oregon; rent readiness of U.S. Ground Forces. Whereas their victory was witnessed by a S. 1116 and H.R. 902, to facilitate the The PRESIDING OFFICER. Without record crowd at the University of Wyoming use for irrigation and other purposes of objection, it is so ordered. Arena-Auditorium;

VerDate Aug 31 2005 05:03 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A17AP6.063 S17APPT1 jcorcoran on PROD1PC62 with SENATE April 17, 2007 CONGRESSIONAL RECORD — SENATE S4621 Whereas the outstanding play of forward ican to win a batting title, lead the Whereas Major League Baseball renamed Hanna Zavecz earned her the award of the league in stolen bases, play in an All- the Rookie of the Year Award the Jackie Women’s National Invitation Tournament Star game, play in the World Series, Robinson Award in his honor; Most Valuable Player; win a Most Valuable Player award, and Whereas his legacy continues through the Whereas the University of Wyoming Cow- Jackie Robinson Foundation that has pro- girls Head Coach Joe Legerski led the Cow- be elected to baseball’s Hall of Fame in vided over $14,500,000 in scholarships to stu- girls basketball team to its most successful 1962. dents in need; season in school history; and Off the baseball diamond, Jackie Whereas Jackie Robinson’s courage and Whereas the University of Wyoming stu- Robinson lived a life of achievement dignity taught the Nation about the strength dents and faculty are dedicated to academic through his work in the civil rights of the human spirit when confronted with and athletic achievement, and serve as the movement. In the business world, he seemingly immovable obstacles; standard of excellence, scholarship, and actively promoted Black enterprises in Whereas Jackie Robinson, in his career, sportsmanship for the entire Nation: Now, New York’s Harlem neighborhood. demonstrated that how you play the game is therefore, be it In March 1984, President Ronald more important than the final score; Resolved, That the Senate— Reagan posthumously awarded Jackie Whereas Jackie Robinson’s legacy helps (1) commends the University of Wyoming Robinson the Presidential Medal of make the American dream more accessible Cowgirls for their victory in the champion- to all; ship basketball game of the Women’s Na- Freedom. On October 29, 2003, Congress Whereas April 15, 2007, marks the 60th an- tional Invitation Tournament; and posthumously awarded Jackie Robin- niversary of Jackie Robinson’s first game in (2) requests the Secretary of the Senate to son the Congressional Gold Medal, the Major League Baseball; and transmit a copy of this resolution to the highest award Congress can bestow. His Whereas on April 15, 2007, over 200 players, University of Wyoming Cowgirls basketball mission to expand opportunity for oth- managers, and coaches wore Jackie Robin- team Head Coach Joe Legerski and to the ers continues today through the Jackie son’s number, 42, which was retired through- University of Wyoming President Thomas Robinson Foundation that has provided out Major League Baseball in 1997, to honor Buchanan for appropriate display. over $14.5 million in scholarships to his achievements: Now, therefore, be it Resolved, That the achievements and con- f students who might not otherwise be tributions of Jackie Robinson be honored HONORING THE LIFETIME able to afford college tuition. and celebrated; that his dedication and sac- ACHIEVEMENTS OF JACKIE ROB- Jackie Robinson was a good friend of rifice be recognized; and that his contribu- INSON mine, and it is with great reverence tions to the Nation be remembered. that I introduce, today, a resolution f Mr. BROWN. Mr. President, I ask with Senators MARK PRYOR and MITCH unanimous consent that the Senate MCCONNELL to honor and celebrate his MAKING TEMPORARY APPOINT- now proceed to the consideration of S. achievements, recognize his sacrifices, MENTS TO THE SELECT COM- Res. 152, which was submitted earlier and remember his contributions to the MITTEE ON ETHICS today. Nation. His courage and dignity taught Mr. BROWN. Mr. President, I ask The PRESIDING OFFICER. The the Nation about the strength of the unanimous consent that the Senate clerk will report the resolution by human spirit when confronted with proceed to the immediate consider- title. seemingly immovable obstacles. We ation of S. Res. 153, submitted earlier The assistant legislative clerk read can best honor him by reflecting on the today. as follows: epigraph Robinson wrote for his own The PRESIDING OFFICER. The A resolution (S. Res. 152) honoring the life- tombstone, ‘‘The value of a life is clerk will report the resolution by time achievements of Jackie Robinson. measured by its impact on other lives.’’ title. There being no objection, the Senate Mr. BROWN. Mr. President, I ask The assistant legislative clerk read proceeded to consider the resolution. unanimous consent that the resolution as follows: be agreed to, the preamble be agreed Mr. BUNNING. Mr. President, I A resolution (S. Res. 153) making tem- would like to take a moment to honor to, and the motion to reconsider be laid porary appointments to the Select Com- the legacy and achievements of Jackie upon the table. mittee on Ethics. The PRESIDING OFFICER. Is there Robinson. There being no objection, the Senate On Sunday, over 200 Major League objection? Without objection, it is so ordered. proceeded to consider the resolution. players, manager, and coaches took to Mr. BROWN. Mr. President, I ask baseball fields across the Nation wear- The resolution (S. Res. 152) was agreed to. unanimous consent that the resolution ing Jackie Robinson’s No. 42, which be agreed to, and the motion to recon- was retired throughout Major League The preamble was agreed to. The resolution, with its preamble, sider be laid upon the table. Baseball in 1997. Sixty years ago, on reads as follows: The PRESIDING OFFICER. Is there April 15, 1947, Jackie Robinson became S. RES. 152 objection? the first African-American to play in a Without objection, it is so ordered. Major League Baseball game. Whereas Jackie Robinson was the first athlete in the history of the University of Cali- The resolution (S. Res. 153) was The first athlete to letter in four fornia at Los Angeles to letter in 4 sports in agreed to, as follows: sports in 1 year at the University of 1 year; S. RES. 153 California at Los Angeles, Jackie Rob- Whereas on April 15, 1947, Jackie Robinson inson seemed destined to make a name became the first African-American to play Resolved, That (a) for matters before the for a major league baseball team; Select Committee on Ethics involving the for himself. He began his baseball ca- preliminary inquiry arising in connection reer in the Negro Leagues, playing Whereas Jackie Robinson, who began his career in the Negro Leagues, was named with alleged communications by persons shortstop for the Kansas City Mon- Rookie of the Year in 1947 and led the Brook- within the committee’s jurisdiction with and archs. In 1946, Jackie Robinson played lyn Dodgers to 6 National League pennants concerning David C. Iglesias, then United for the Montreal Royals, leading the in 10 years and a World Series championship; States Attorney for the District of New Mex- International League in batting aver- Whereas Jackie Robinson’s inspiring ca- ico, and subsequent action by the committee age with a .349 average, and fielding reer earned him recognition as the first Afri- with respect to that matter, if any, the Sen- percentage with a .985 percent. He can-American to win a batting title, to lead ator from Colorado (Mr. Salazar) shall be replaced by the Senator from Ohio (Mr. began his major league career at the the league in stolen bases, to play in an All- Star game, to play in the World Series, and Brown). age of 28 playing first base for the to win a Most Valuable Player award; (b) The membership of the Select Com- Brooklyn Dodgers—the only position Whereas Jackie Robinson was elected to mittee on Ethics shall be unchanged with re- that was open. the Baseball Hall of Fame in 1962, the first spect to all matters before that committee That year, he was named Rookie of African-American to receive such an honor; other than the matter referred to in sub- the Year. In 1948, he was moved to sec- Whereas in March of 1984, President Ronald section (a). Reagan posthumously awarded Jackie Rob- ond base and went on to lead the Dodg- f ers to six National League pennants in inson the Presidential Medal of Freedom; Whereas on October 29, 2003, Congress post- NATIONAL MISSING PERSONS DAY 10 years and a World Series champion- humously awarded Jackie Robinson the Con- ship. His inspiring career earned him gressional Gold Medal, the highest award Mr. BROWN. Mr. President, I ask recognition as the first African-Amer- Congress can bestow; unanimous consent that the Senate

VerDate Aug 31 2005 02:55 Apr 18, 2007 Jkt 059060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A17AP6.014 S17APPT1 jcorcoran on PROD1PC62 with SENATE S4622 CONGRESSIONAL RECORD — SENATE April 17, 2007 proceed to the immediate consider- 3701(a) of the Crime Control Act of 1990 (42 stand adjourned until 8:30 a.m., ation of Calendar No. 115, S. Res. 112. U.S.C. 5779(a)), so that agencies must enter Wednesday, April 18; that on Wednes- The PRESIDING OFFICER. The records into the NCIC database for all miss- day, following the prayer and the clerk will report the resolution by ing persons under the age of 21; pledge, the Journal of proceedings be title. Whereas Kristen’s Act (42 U.S.C. 14665), passed in 1999, has established grants for or- approved to date, the morning hour be The assistant legislative clerk read ganizations to, among other things, track deemed expired and the time for the as follows: missing persons and provide informational two leaders reserved for their use later A resolution (S. Res. 112) designating April services to families and the public; in the day; that there then be a period 6, 2007, as ‘‘National Missing Persons Day.’’ Whereas, according to the NCIC, 48,639 of morning business for 60 minutes, There being no objection, the Senate missing persons were located in 2005, an im- with Senators permitted to speak proceeded to consider the resolution. provement of 4.2 percent from the previous therein and with the time equally di- Mr. BROWN. Mr. President, I ask year; vided and controlled between the ma- unanimous consent that the resolution Whereas many persons reported missing may be victims of Alzheimer’s disease or jority and the Republican leaders or be agreed to, the preamble be agreed other health-related issues, or may be vic- their designees; that following the 60 to, and the motions to reconsider be tims of foul play; minutes, the Senate resume the motion laid upon the table; that any state- Whereas, regardless of age or cir- to proceed to S. 3, the prescription ments relating thereto be printed in cumstances, all missing persons have fami- drug bill, and vote on the motion to in- the RECORD. lies who need support and guidance to endure voke cloture on the motion to proceed; The PRESIDING OFFICER. Is there the days, months, or years they may spend that prior to the vote on the motion to objection? searching for their missing loved ones; and invoke cloture on the motion to pro- Whereas it is important to applaud the Without objection, it is so ordered. ceed to S. 378, the court security bill, The resolution (S. Res. 112) was committed efforts of families, law enforcement agencies, and concerned citizens who there be 2 minutes of debate equally di- agreed to. vided between Senators LEAHY and The preamble was agreed to. work to locate missing persons and to prevent all forms of victimization: Now, there- SPECTER or their designees. The resolution, with its preamble, fore, be it The PRESIDING OFFICER. Without reads as follows: Resolved, That the Senate— objection, it is so ordered. S. RES. 112 (1) designates April 6, 2007, as ‘‘National Whereas each year tens of thousands of Missing Persons Day’’; and f people go missing in the United States; (2) encourages the people of the United Whereas, on any given day, there are as States to— ADJOURNMENT UNTIL 8:30 A.M. (A) observe the day with appropriate pro- many as 100,000 active missing persons cases TOMORROW in the United States; grams and activities; and Whereas the Missing Persons File of the (B) support worthy initiatives and in- Mr. BROWN. Mr. President, if there National Crime Information Center (NCIC) creased efforts to locate missing persons. is no further business and if the Repub- was implemented in 1975; f lican leader has nothing further, I now Whereas, in 2005, 109,531 persons were re- ask unanimous consent that the Sen- ported missing to law enforcement agencies ORDERS FOR WEDNESDAY, APRIL ate stand adjourned under the previous nationwide, of whom 11,868 were between the 18, 2007 ages of 18 and 20; order. Whereas section 204 of the PROTECT Act, Mr. BROWN. Mr. President, lastly, I There being no objection, the Senate, known as Suzanne’s Law and passed by Con- ask unanimous consent that when the at 7:25 p.m., adjourned until Wednes- gress on April 10, 2003, modifies section Senate completes its business today, it day, April 18, 2007, at 8:30 a.m.

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