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, SEPTEMBER 4, 2007 No. 129 Senate The Senate met at 12:01 p.m., and was U.S. SENATE, The ACTING PRESIDENT pro tem- called to order by the Honorable ROB- PRESIDENT PRO TEMPORE, pore. Without objection, it is so or- ERT P. CASEY, Jr., a Senator from the Washington, DC, September 4, 2007. dered. To the Senate: State of Pennsylvania. Under the provisions of rule I, paragraph 3, Mr. REID. Mr. President, I ask unan- of the Standing Rules of the Senate, I hereby imous consent that a speech I am going PRAYER appoint the Honorable ROBERT P. CASEY, Jr., to give not be counted against leader The Chaplain, Dr. Barry C. Black, of- a Senator from the State of Pennsylvania, to time. That will give the morning busi- fered the following prayer: perform the duties of the Chair. ness the full hour requested. Let us pray. ROBERT C. BYRD, The ACTING PRESIDENT pro tem- President pro tempore. O God of us all, who is above all, yet pore. Without objection, it is so or- in us all, make us ever sensitive to all Mr. CASEY thereupon assumed the dered. chair as Acting President pro tempore. the expressions of Your grace. Thank f f You for the glory of a sunrise and sun- SCHEDULE set, for the refreshment of the breezes RESERVATION OF LEADER TIME Mr. REID. Mr. President, under the that invigorate, and for the technicolor The ACTING PRESIDENT pro tem- in trees, shrubs, sky, and sea. May the order that was entered, the Senate will pore. Under the previous order, the conduct a period for morning business challenges of our times never blind us leadership time is reserved. to life’s wonders. for 60 minutes, with the time con- As we reconvene after our August re- f trolled between the two sides as I read. cess, prepare our lawmakers for today’s RECOGNITION OF THE MAJORITY Following this period for morning busi- journey. May they strive to stay within LEADER ness, the Senate will proceed to the the circle of Your will, as You guide The ACTING PRESIDENT pro tem- Military Construction and VA appro- their steps. Help them to be ready to pore. The majority leader is recog- priations bill. This is a very critical, solve problems, receiving inspiration nized. important message for our military and for our veterans. I hope we can from the creative power of Your love. f Let business be done on Capitol Hill consider this bill in a very expeditious that will address itself to the real ORDER OF PROCEDURE manner. issues and not to games. May the work Mr. REID. Mr. President, I ask unan- At approximately 2:30 this afternoon, of our Senators become an expression imous consent that the period for the Senate will proceed to executive of Your truth, righteousness, and jus- morning business extend for 60 min- session and consider the Nussle nomi- tice. utes, equally divided and controlled be- nation for a period of 3 hours. The We pray in Your great Name. Amen. tween the two leaders or their des- chairs and ranking members of the ignees, with Senators permitted to Budget and Homeland Security Com- f speak during that period of time, with mittees will each be recognized as indi- PLEDGE OF ALLEGIANCE the majority controlling the first 30 cated in the matter I just read before minutes and the majority time being the Senate. There will be 30 minutes, The Honorable ROBERT P. CASEY, Jr., equally divided between Senators as indicated, on each side, with Sen- led the Pledge of Allegiance, as follows: BROWN and BAUCUS, and that the Re- ator SANDERS controlling 1 hour. A I pledge allegiance to the Flag of the publicans control the final 30 minutes; vote on the nomination is expected to United States of America, and to the Repub- that the Senate proceed then to the occur about 5:30 this afternoon. lic for which it stands, one nation under God, Military Construction appropriations I spoke with the distinguished Re- indivisible, with liberty and justice for all. bill; further, that with respect to the publican leader this morning and indi- f debate time on the Nussle nomination, cated what we were going to accom- the time for the Chair and ranking plish before we leave for the Jewish APPOINTMENT OF ACTING member be equally divided and con- holiday, which is 1 week from this PRESIDENT PRO TEMPORE trolled between the chairs and ranking Wednesday—1 week from tomorrow. The PRESIDING OFFICER. The members of the Budget and Homeland We are going to take up and complete clerk will please read a communication Security Committees, with Senator the Nussle nomination this afternoon. to the Senate from the President pro SANDERS retaining the hour previously Prior to that being completed, Sen- tempore (Mr. BYRD). provided him, with all other provisions ators JACK REED and KAY BAILEY The assistant clerk read the fol- of the previous order governing the HUTCHISON, who are the managers of lowing letter: Nussle nomination remaining in effect. the appropriations bill that will come

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

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VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11000 CONGRESSIONAL RECORD — SENATE September 4, 2007 before the Senate, will manage that Mr. MCCONNELL. Mr. President, I members of that committee. He bill. It is an extremely important piece appreciate the majority leader’s call worked with conservatives, he worked of legislation. We are going to do our this morning. He basically covered the with liberals, he worked with Demo- very best to complete that bill and items he has gone over. We will be co- crats, and he worked with Republicans. then move to Foreign Operations. I operating, to the maximum extent pos- To show his ability to do the right don’t know how anyone can object to sible, to move forward with the work in thing, one needs look no further than the foreign operations matter because the Senate. I, such as he, will have an his own State of Virginia. There was a it is hundreds of millions of dollars opening statement as we begin this ses- hotly contested race for the Senate for under what the President requested. It sion shortly after the majority leader the State of Virginia. JOHN WARNER is something that is extremely impor- completes his statement. supported the Democratic candidate tant. The President feels very strongly f rather than the Republican candidate. about this legislation, and we should That is the kind of person he is. TRIBUTE TO SENATOR JOHN move forward on it. I have such great admiration for Following that legislation, we are WARNER JOHN WARNER. He is, in my opinion, going to move to the reconciliation Mr. REID. Mr. President, I begin my what a public servant should be. He is matter which deals with education. I remarks on this fall calendar in a posi- a gentleman and has served the people told my friend, the senior Senator from tion of wanting to get a lot of business of Virginia and our Nation with dis- Kentucky, that we may have to work done. But first I wish to make a few re- tinction for 30 years or more. Senator this weekend, or part of this weekend, marks about two of our most distin- WARNER’s impact on this institution the reason being, as I mentioned, we guished colleagues, Senator WARNER of will not be forgotten. I will sorely miss have two appropriations bills, and they Virginia and Senator KENNEDY of Mas- his warmth and friendship. My wife should move quickly. We have a statu- sachusetts. Landra and his wife Jeanne are friends. tory time on the reconciliation matter A few days ago, Senator WARNER an- They have been working together. dealing with education. nounced he will not seek reelection Every year the Senate spouses have a Next week, everyone should under- when his term ends, which is in 2008. First Lady’s luncheon. Two years ago, stand we are going to have votes Mon- JOHN WARNER’s career in public service my wife was chairperson of that. Last day morning—Monday morning. It is a began when he was 17 years of age when year, she was. They are good friends very short week, and we are going to he enlisted in the U.S. Navy during and we will miss them a lot. They are take up next week the Transportation World War II. He did not have to enlist. a wonderful couple. I have to say JOHN appropriations bill. In light of all the His father was a distinguished physi- WARNER is top of the line. I have so attention focused on the deteriorating cian in Virginia. He did it because it much admiration for him. infrastructure of this country, that is a was the right thing to do. f very important piece of legislation, After an honorable discharge, he, SENATOR KENNEDY’S 15,000TH and we need to complete it. again feeling the call of duty, inter- The Jewish holiday starts sundown rupted his law school studies to join VOTE on Wednesday. It was originally my in- the Marine Corps during the Korean Mr. REID. I also want to say a few tent to work until sundown on Wednes- war. Keep in mind, both times, when he words about another one of the Sen- day, but a number of my Jewish col- joined the Navy and then the Marines, ate’s most distinguished and legendary leagues indicated they have to travel. we were at war. During the Korean Senators, and that is TED KENNEDY. Especially Senator LIEBERMAN needs to war, he rose to the rank of captain. The last day of our session was ex- be in Connecticut prior to sundown. So JOHN WARNER is a patriot. If you look tremely frantic. We were trying to do we are going to complete our voting on up ‘‘patriot’’ and ‘‘patriotism’’ in the certain things. Well, we had a lot we Wednesday by 1 o’clock. We will work dictionary, it says one who loves his were trying to get finished, not the past that time on matters perhaps, if country and supports its interests. least of which was the domestic spying we can complete the Transportation That is JOHN WARNER by definition. measure, which was so intense. So we appropriations bill by that time, but When JOHN WARNER returned home had a lot of votes during that week, we are going to stop voting around 1 after the Korean war, he was appointed and that day we had votes, but in the o’clock on Wednesday. Under Secretary of the Navy and later rush to close the session a milestone Then, of course, we have other busi- became Secretary of the Navy before occurred that went unremarked and it ness to do. After that, we have to move beginning his five terms in the Senate. should not have. But that is the way to the matter dealing with Iraq. We His work on the Armed Services things are here in the Senate some- have Defense authorization. I have spo- Committee is certainly legend. His times. Senator KENNEDY cast his ken with my friend, the Republican ability to work with Senator LEVIN has 15,000th vote—15,000 votes. He cast his leader, about different ways we could been something I have watched and ad- 15,000th rollcall vote the day we ad- set up moving forward on that legisla- mired and many times complimented journed for summer vacation. tion. We don’t have anything deter- both of them for—their ability to work There is very little I can say to fully mined yet, but we are trying to do together, many times on issues that honor Senator KENNEDY for his 45 years that. My wish and my desire is to move were very difficult to work together of Senate service. He has been someone forward and have a number of votes set on. They always worked together, al- whom I have followed so very long. And up so there are 50-vote margins. We ways looked out for each other. to think that I have the opportunity to will not ask for that now. I will give In addition to the work he did on the serve with one of the Kennedys is very the distinguished Republican leader Armed Services Committee, I watched important to me. My office, right adequate time so we can have a UC firsthand his brilliant work on the In- across the hall here, has a letter I re- dealing with that matter. telligence Committee but very first- ceived in 1961. Senator KENNEDY had I will, during the course of the speech hand his work on the Environment and not been inaugurated as yet, but he had I am going to give today in a few min- Public Works Committee. From the been elected and he was working from utes, Mr. President, ask unanimous time I came to the Senate, I worked where we have our Tuesday luncheons, consent that we can go to conference with JOHN WARNER on that committee. the LBJ Room. That was his office be- on SCHIP. I hope we can do that. I I was chairman of that committee on fore he became President. He sent me a have again spoken with the Republican two separate occasions. During the pe- letter. I was at Utah State University leader about that matter. riod of time I worked with Senator and I formed the first Young Demo- Before I get into my remarks, I ask WARNER, I was in the majority, and crats Club in the history of the State. through the Chair if my friend has any- other times he was in the majority. To It might not sound like much, but to thing he needs to know or maybe ques- JOHN WARNER, it didn’t matter. me it was important at the time and tions I can answer regarding the sched- I can remember the first big Trans- President Kennedy recognized that by ule. portation bill we did. We did one every writing me a letter. The ACTING PRESIDENT pro tem- 5 years. What a great example he set I am so grateful for the service of the pore. The minority leader. for everybody as one of the senior Kennedys and what they have done for

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2007 CONGRESSIONAL RECORD — SENATE S11001 our country. We have had two of Sen- 50 million people with no health insur- more in Iraq, but we did the best we ator KENNEDY’s brothers who have been ance. They want us to fight the sky- could, with a pay raise and better assassinated. He had a brother who was rocketing cost of a college education. health care for our troops, who are killed during World War II. So Senator Above all, Nevadans want us to fi- being asked to shoulder a larger burden KENNEDY deserves more attention than nally bring the war in Iraq to a respon- than ever before. I have given him here today, but I have sible end. They want us to take our This past work period we added to so much admiration and respect for brave troops out of another country’s that list other accomplishments: pass- him for what he has done for me. intractable civil war so we can rebuild ing the Energy bill, which included, He has this great public persona, but and refocus our military on the grave among other things, raising CAFE for those of us who work with him, he and growing challenges we face standards, fuel efficiency, for the first is a man with a lot of humility. He is throughout the world. These concerns time in 25 years. We haven’t sent that always willing to step back into the are, of course, not unique to Nevada. I to the President yet because we need to shadows and let others get the atten- know my colleagues are hearing the work out our differences with the tion. His record of speaking for civil same warnings in every corner of our House. rights, education, working people, sen- country, the same concerns I have We reauthorized the Higher Edu- ior citizens, and people with disabil- heard and more. I want to share with cation Act to give Americans the larg- ities is unparalleled. And as to his abil- my friends in Nevada and all Ameri- est expansion of student financial aid ity to work together, no one can tes- cans that we hear you. We share your since the GI bill. As I indicated in my tify to that more than the current concerns and your sense of urgency, opening statement, we are going to fin- President Bush in the White House. and we are working every day to reach ish that this week and send it on to the The legislation President Bush has these goals. House. been fortunate enough to pass has been When this new Congress began in Beginning debate on the Defense au- landmark legislation with which Sen- January, we knew the challenges ahead thorization bill on September 17, we ator KENNEDY has helped him. So I of us, but the expectations were even will make critical investments to ad- value Senator KENNEDY’s wisdom and greater than the challenges. We started dress troop readiness problems in the leadership and, most of all, his friend- the year with an ambitious agenda for military caused by what we believe is ship, and certainly recognize and con- introducing 10 bills on the first day. mismanagement of our Armed Forces. gratulate him on his 15,000th rollcall Now, as we begin our busy fall cal- These legislative accomplishments vote. endar, we have made progress on al- will make a real difference for working f most every one of those. Coming into families, students, senior citizens, and the previous work period, we have al- those who protect us at home and PAST AND PRESENT CHALLENGES ready sent to the President the first abroad. Our progress makes one thing AND ACCOMPLISHMENTS raise in the Federal minimum wage in clear: when you put partisanship aside, Mr. REID. Mr. President, August was more than 10 years; the recommenda- we can do great things for the Amer- a time for us to leave Washington for a tions of the 9/11 Commission, after hav- ican people. But when partisanship di- while, spend time listening to and re- ing been pushed aside for years; the vides us, our work suffers. connecting with our friends, neighbors, toughest ethics and lobbying reform in For all our success so far this year, and constituents back home. Someone history, which today is on its way to we have done more than people ever ex- this morning on the telephone asked the President. We passed a bill to give pected. Now, we could have done a lot me what I remember most about the the hope of stem cell research to mil- more than that, but Republicans have August recess, and I said I think it is lions of Americans who suffer, and we sought to block our progress, it seems best represented in an extended con- will soon attempt once again to over- sometimes at all costs. We could have versation I had with someone on the ride the President’s veto. We believe reduced the cost of prescription drugs, telephone at my home in Searchlight. we are only one vote short of being but Republicans filibustered that. We You can look out my windows and see able to override that veto. could have passed comprehensive im- for miles. There is a range of moun- We passed disaster relief for the gulf migration reform, but we only got 12 tains called Timber Mountains. They coast, western wildfires, and farmers Republican votes. We could have en- do not match the Rockies or the Sier- who have suffered drought and other sured our troops received sufficient ras, but to me they are important. Dur- disasters. We provided funds for our rest and time home between deploy- ing the summertime, there are storms troops and National Guard with the ments—that was the Webb amend- there all the time. They do not last equipment they need, for example, the ment—but once again we were blocked very long, but they are beautiful to Mine Resistant Combat Vehicles, to do by most of the Republicans. see. I was telling my friend that is their jobs more safely. We passed a bill The minority has forced 42 cloture what I remember most, talking on the to finally hold the administration ac- votes already this year, many on legis- telephone and trying to explain to my countable on Iraq with real bench- lation that wasn’t even controversial. I friend what I saw out there. We call marks for progress. hope the delay and stalling is in the them cloudbursts. It rains so hard you We have been able to do a number of past, and that the minority has proven can’t see the mountains, and the light- important things dealing with Iraq, they can make us go to cloture but it ning is coming frequently. It is beau- even with Senator JOHNSON ill. We hasn’t accomplished anything. I hope tiful to watch. It is what nature is all were sometimes in a minority. One of we can move forward in a less burden- about, and that is what I remember our colleagues, who is one of the most some manner. most about my trip home this August. loyal Democrats we have and have ever Our progress has been in spite of But it certainly was a chance for me, had, our nominee for Vice President, those efforts. When we have worked to- and for all of us, to ignore the pundits the distinguished Senator from Con- gether across the aisle, the record and hear from the people of the State necticut, Senator LIEBERMAN, votes speaks for itself. We know it can be we represent. I traveled this past with the President on the Iraq matters done because we have done it already. month to many places in Nevada, and most every time, even though he votes Today, I reach out to my Republican the message I heard was very clear: Ne- with us on everything else. We were colleagues on every piece of legisla- vadans want us to do something about many times in the hole 49 to 50. So tion. I hope and expect the minority the high cost of energy and start re- what we were able to do was certainly will reciprocate so we can move beyond versing the damage that nonrenewable very good. I applaud the few Repub- hyperpartisanship and obstruction to fuels are causing our environment. licans who helped us. We were able to keep making the kind of progress the They want us to help them find afford- pass a bill to send to the President that American people deserve. We must do able health care solutions so low-in- he had to veto. this because the issues we now con- come kids can get regular checkups, so We also passed a balanced budget front deserve nothing less. senior citizens can pay for their medi- which restores fiscal discipline and The Senate Appropriations Com- cine, and everyone, rich or poor, can af- cuts taxes for working people. Of mittee has reported 11 of the 12 annual ford health insurance. We are pushing course, we wish we could have done appropriations bills. We plan to devote

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11002 CONGRESSIONAL RECORD — SENATE September 4, 2007 considerable time this work period to He is a good man and a good soldier. 56,000 veterans of Iraq have been diag- these bills. I have indicated we are But Senator BIDEN said over the week- nosed with mental illness. We have going to do three before we take our end that there are not 12 Senators out heard countless examples of our troops break for the Jewish holidays. We have of 100 who support the war as it is now receiving inadequate mental health already done Homeland Security ap- being conducted—not 12. He said that care, and in many cases being sent propriations. If we do that, we would over and over again. I agree with Sen- back into battle, like this young man, wind up doing a third of all the bills we ator BIDEN. PFC Travis Virgadamo. need to do, which is progress. But the President cannot hide behind My heart goes out to his family. So in the next 2 weeks, it is my hope the generals. This is George Bush’s They are quoted in the paper, as to we can complete the bills I have talked war. He is responsible for the mistakes what he said when he was trying to about. Each of these bills was reported and missteps that leave our troops stay here and not go back. They have out of the committee unanimously, or mired in a civil war with no end in suffered so much. We owe them a nearly unanimously, and I hope bipar- sight. change of course. tisan cooperation continues on the The mission has not been accom- Many of my Republican friends have floor. plished. When he said ‘‘Bring ’em on,’’ long held September is the month for a We must move forward on a number that was the wrong thing to say. Ac- policy change in Iraq. Those who op- of other issues. The Children’s Health cording to the President when he set posed our early efforts asked for time Insurance Program is a bill that re- forth his escalation policy, the purpose and patience to let the war continue. ceived wide bipartisan support in the of the troop increase was to give the The calendar has not changed. It is Senate. I hope we can complete that. It Iraqis space and safety to forge polit- September. We have reached this goal. is important that we do that. I know ical progress—to build a sustainable It is time to make a decision. We can’t just a few people can cause a lot of government and provide for their own continue the way we are. We cannot af- trouble here. Both the distinguished security. ford it militarily and financially. Republican leader and I realize that. None of this has happened. Take, for We will soon hear, as I have indi- UNANIMOUS CONSENT REQUEST—H.R. 976 example, the LA Times today, the cated, from the President and his gen- Mr. President, I ask unanimous con- headline: ‘‘Troop Buildup Fails to Rec- erals what we know already, political sent that when the Senate receives a oncile Iraq,’’ or today’s GAO report, progress has failed. Now it is time for message from the House on H.R. 976, which tells us the President’s strategy our Republican colleagues—I so admire the CHIP legislation, the Senate dis- has failed to achieve 15 of 18 key bench- and appreciate those who have joined agree to the House amendment, if ap- marks. Sectarian strife is deepening us in the past. For example, on the propriate, and insist on its amendment, and violence shifting. Last month was Webb amendment we got 57 votes. With request a conference with the House on the deadliest for the Iraqi people in the Senator JOHNSON coming back we need the disagreeing votes of the two history of the war. Contrary to the as- two more Republican votes to do the Houses, and that the Chair be author- sertions of the President, Iraq’s leaders right thing: When you go to Iraq for 15 ized to appoint conferees on the part of have not honored the sacrifices of our months, you stay home for 15 months. the Senate. troops by taking meaningful steps to- That is what WEBB did. That is why we The ACTING PRESIDENT pro tem- ward building a country that can stand picked up Republican votes. We need pore. Is there objection? on its own. That is not our troops’ two more Republican votes. Mr. MCCONNELL. Reserving the fault, nor is it a problem our troops It is time for our Republican col- right to object. can solve. It is an Iraqi political prob- leagues to join with us, to stand for our The ACTING PRESIDENT pro tem- lem, not a U.S. military problem. We troops and the American people to re- pore. The minority leader. cannot continue to sacrifice American sponsibly end this war; to do things Mr. MCCONNELL. Mr. President, the lives, deplete our Treasury, and weak- that will change it. message has not yet been received; en our national security in pursuit of a I began with words of tribute for two therefore, the request is a little pre- goal that the Iraqi people themselves of our most distinguished colleagues, mature. We would need to consult with show no interest in achieving. Senators WARNER and KENNEDY, one our colleagues on this when they re- Meanwhile, al-Qaida is resurgent, and Democrat, one Republican, both firmly ceive the request from the House; we all know Osama bin Laden remains committed to progress, progress for our therefore, for the time being, I would at large. There are countless stories country. They recognize and they have object. that highlight the human toll this war shown it can only be accomplished by The ACTING PRESIDENT pro tem- has taken. Let’s look to Nevada for bipartisanship. All of us appreciate the pore. Objection is heard. one. Herculean efforts of Senator KENNEDY, Mr. REID. Mr. President, above all, As I was flying back, I was stunned working with Democrats and Repub- every day we must continue to fight by reading in the Las Vegas Sun news- licans alike on immigration, Leave No for a sensible, responsible path out of paper a heartbreaking story of Army Child Behind, and Medicare. The work Iraq in order to restore America’s na- PFC Travis Virgadamo, 19 years old, in that Senator WARNER has done for tional security. Later this month, his second tour of duty in Iraq. He years, especially on the Defense au- President Bush will issue a report on loved his country. He loved serving in thorization bill, on a bipartizan basis— the state of the war that Congress re- the military. That is what he always I appreciate it; many of us do. The quired of him. We hope he will use this wanted to do. Yet after months of serv- country appreciates it. The people of report as an opportunity to finally do ing in Iraq, as he described it, ‘‘being Virginia appreciate Senator WARNER’s the right thing and begin to change the ordered into houses without knowing courage to stand up to the President of core U.S. mission and begin reducing what was behind strangers’ doors, his own party and reach across the U.S. forces in Iraq. We will receive this walking along on roadsides fearing the aisle to reach a responsible end to this report with an open mind. We will con- next step could trigger lethal explo- war. As we tackle the challenges sider the White House findings care- sives’’—those were his words—he left. ahead, the outstanding work of these fully and thoughtfully, but we must re- He tried to get help. He came back, two great Senators ought to be our member the President’s report comes told his parents he did not want to go compass. after more than 4 years of war, with al- back. He told his military superiors he I am confident and hopeful all 100 of most 3,800 dead American soldiers, sail- didn’t want to go back. He was given us will follow their lead and keep ors, marines, and airmen, tens of thou- medicine. The newspaper reported it America moving forward. sands more injured, and American tax- was Prozac. As I said, he sought ther- f payers having to foot a bill of more apy, mental health care while overseas, than half a trillion dollars. but last week the military informed his RECOGNITION OF THE President Bush will send General family he committed suicide. He was 19 REPUBLICAN LEADER Petraeus to Capitol Hill to testify. years old. The ACTING PRESIDENT pro tem- There is not one Member of this body Last year, the Veterans Affairs De- pore. The Republican leader is recog- who does not respect General Petraeus. partment reported that more than nized.

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2007 CONGRESSIONAL RECORD — SENATE S11003 SENATORS WARNER AND Faced with the same situation last record rates since the 2001 and 2003 KENNEDY year, the current assistant majority cuts. We should acknowledge the facts Mr. MCCONNELL. Mr. President, we leader railed against the notion of a and continue this prosperity without did, indeed, with the announcement by continuing resolution, accusing Repub- imposing new pain on taxpayers who Senator WARNER of his retirement at licans, as he put it, ‘‘of failing to do responded to this relief by growing this the end of this term, begin to confront the most fundamental job Congress is economy. The current alternative minimum the reality of the Senate without JOHN expected to do.’’ I think the assistant tax relief is current no more—it ex- WARNER. I will have a good deal more majority leader had that right. He said to say about his career in the coming that calling the 109th Congress a do- pired at the end of last year. In the last months. Of course, we will have ample nothing Congress would be an insult to three Congresses, we extended this re- opportunity to celebrate his remark- the original do-nothing Congress of lief before the Fourth of July recess so able service in the Senate because, for- 1948. And he vowed to finish the unfin- taxpayers knew with certainty the re- tunately, he will be here until January ished business of the last Congress. lief would be there. Yet here we stand, of 2009, continuing to perform his ex- Yet now, as Democrats enter the after the August recess, with no sign of traordinary service on behalf of our ninth month poised to make the very any effort to extend it again—no bill Nation. same mistake we did, we have not reported by committee, not even a He indicated to me Friday when we heard a note of self-criticism from the markup scheduled. were talking that he had added up the other side. This kind of selective criti- Unless this relief is extended, 20 mil- total amount of his time in public serv- cism might work on the campaign lion new taxpayers will face this pun- ice, and it was something like 45 trail. But it’s a clear recipe for frustra- ishing tax when they file their returns years—truly a remarkable patriot. tion and defeat in the Senate. We need next year. They need to know if Demo- Of course, later this afternoon Sen- to get these bills passed and over to the crats are going to make good on their President’s desk for a signature. And promise to let all the provisions of the ator KENNEDY will cast his 15,000th vote—another giant in this body who relentless partisanship is not going to 2001 and 2003 tax bills expire. We are should be recognized for his extraor- do that. willing to work together on this issue, dinary accomplishments. He came to The most heated politics have been but again, cooperation will mean re- the Senate at age 30. He has been here reserved, of course, for the war. So if sisting calls for draconian tax in- quite a while and made an enormous we are going to correct course, we will creases to provide relief from a tax contribution to our country. We con- need to start there. The Congress voted which was never intended to affect so gratulate him on achieving this mile- in May to have General Petraeus re- many families. The Senate will soon be asked to con- stone. port back this month on progress in Iraq, and the Congress should listen to firm a new Attorney General. Some f what he says, without prejudice, when Members of this body will be tempted RETURN FROM THE AUGUST he gets here. to turn the confirmation process into RECESS This is not a baseless hope. We have another occasion for seeking political seen some of the sharpest early critics advantage. Democrats have rightly Mr. MCCONNELL. Mr. President, as of the general’s new military strategy noted that the Justice Department’s we resume our business here in the defending it in recent weeks after see- work is too important to languish Senate, we do so in the hope that we ing for themselves the impact it has without leadership at the top. have learned some lessons over the last had in former al-Qaida strongholds like And they have promised that if the 8 months. The chief lesson we should Anbar Province. President’s nominee puts the rule of have learned, in my view, is that the Republicans welcome this kind of law first, they will avoid confronta- culture of the endless campaign may honest reassessment. As more Demo- tion. They will prove they mean it by win headlines, but it doesn’t win much crats have the courage to acknowledge not looking to secure commitments beyond that. the good news as well as the bad news from the nominee as a condition of his None of us is so naive as to think in Iraq, we all have reason to hope for or her confirmation, other than that he that the life of an elected politician the kind of cooperative legislative or she will faithfully enforce the law. doesn’t involve politics—obviously it strategy that has been lacking until Attempts to exact political promises does. But we also know that making now. and precommitments would be incon- laws often demands leaving the politics The political path the majority has sistent with the goal of restoring the aside. The bitter debates over the war often chosen over the last 8 months has Justice Department to full strength as in Iraq and a thin list of significant reduced us at times to theatrics on the quickly as possible. legislative achievements so far in the war. It has left us scrambling on appro- Nor should the confirmation of a new 110th Congress are all the proof of that priations. And it threatens to prevent Attorney General be used as an excuse we need. us from addressing a number of other to slow down circuit court nomina- That’s the lesson of the last 8 vital issues that the American people tions, starting with Judge Leslie months—that if we expect to accom- don’t want us to put off. We need to Southwick. plish anything here we need to lower act, cooperatively, before it is too late The average number of circuit court the political temperature. And it is ur- to address these issues within the lim- confirmations during the final 2 years gent as we return here today that we ited time we have. of similarly situated presidencies is 17. do just that. Time is short, and the list is long. We We have fallen off pace to approximate Cooperation is as important on rou- need to act on a farm bill by the end of that standard. tine business as it is on contentious the month. We need to act on vital free At this point, the Senate has only things. We are now just 4 weeks away trade agreements and on the debt limit confirmed three circuit court nomi- from the beginning of the new fiscal ceiling, which we will reach sometime nees—three. The Senate can begin to year, and we have not sent a single one in early October. We need to extend the make much needed progress in this of the twelve annual appropriations FISA legislation. area by confirming Judge Southwick. bills to the President’s desk. This al- More than 40 tax provisions expire at The Judiciary Committee voted to send most certainly means we will soon be the end of this year. We need to extend his nomination to the Senate before we looking at an appropriations train them before it is too late, and we can broke for recess and he deserves a vote wreck here in the next few weeks, fol- only do it if we resist calls to pay for and he deserves it soon. lowed by a continuing resolution to them with equally unpopular offsets. In my view, the Democratic majority keep the Government running. The other side tends to look at the has wasted too much time in the first This isn’t the way it’s supposed to be. budget in terms of Newtonian physics: months of this session playing politics Indeed, it was not all that long ago They think every cut calls for an equal instead of legislating. The working that Democrats themselves were de- and opposite hike. Yet we have seen days we have left in this session are nouncing Republicans for doing this that this is not the case, with money too few to be squandered. We need to very thing. now flooding into the Treasury at put aside the political path and come

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11004 CONGRESSIONAL RECORD — SENATE September 4, 2007 together to get some work done. The left in the Senate. He shares that dis- It was a wonderful opportunity work- clock is ticking. It is getting late. But tinction with DANNY AKAKA, DANNY ing in that office, working together. it is not too late. There is no better INOUYE, FRANK LAUTENBERG, and TED There were countless long days, many time to shift course than now. STEVENS. very long nights. You learn a lot about The political path has been perhaps JOHN WARNER went to college on the a person when things get tough, when most in evidence on many of the Iraq GI bill. Then he entered the University the rubber meets the road. But I have votes we have had. More of the same of Virginia law school. But when the to tell you, in our case, when anything will only delay the cooperative work Korean war broke out, JOHN WARNER, was a little bit difficult, we did not we need to create a policy aimed at with his intense sense of patriotism, ever get personal, did not get upset, did protecting America’s vital long- and interrupted law school to fight for his not ever attribute ulterior motives to short-term security interests in the country again. This time he served as anybody; we decided we were going to Persian Gulf and Iraq. an officer in the Marine Corps. figure out how to get it done. A good first step away from the polit- After returning from Korea, JOHN As I said earlier, there was a certain ical path would be to get the Defense WARNER finished law school, clerked on chemistry that came together with all appropriations bill to the floor of the the court of appeals, worked as an as- six of us working together, my staff, Senate in the next week or two and get sistant U.S. attorney and worked as a his staff, their staffs, and the six of us funding to our forces in the field. Ap- lawyer in private practice. He returned all together. It was wonderful. propriations should be an urgent pri- to public service in 1969 as Under Sec- I think I learned a lot from watching ority for us, as Democrats insisted retary of the Navy. Then, in 1972, he JOHN WARNER and John Chafee, too, for when they were in the minority. Re- succeeded our former colleague, John that matter. They were two of the publicans are ready to start fresh, to Chafee, as Secretary of the Navy. He same. They both served as marines, begin again, in order to get many im- represented the Defense Department at and they both were Secretaries of the portant and necessary things accom- the Law of the Sea talks in Geneva. Navy. But JOHN WARNER was a person plished in the coming days and weeks. In the Senate, JOHN WARNER has who listens. He sat there and listened; We will call on our friends on the other served as chairman of the Rules Com- I had a point; John Chafee had a point. side to do the same. mittee. He has served as chairman and In other negotiations I have been in The ACTING PRESIDENT pro tem- ranking member of the Armed Services where JOHN WARNER has been there, pore. The senior Senator from Mon- Committee. He has come to be known JOHN WARNER is going to listen. JOHN tana. as one of the Congress’s most influen- WARNER will listen and say: ‘‘Okay, that is interesting. Let’s see how we f tial voices on matters of national de- fense. can make that work.’’ I might say also TRIBUTE TO SENATOR WARNER But I have come to know JOHN WAR- he is a very skilled statesman in that Mr. BAUCUS. Mr. President, last Fri- NER on the Environment and Public he cut to the core of matters pretty day the senior Senator from Virginia Works Committee. JOHN WARNER and I quickly. announced that he would not seek re- have worked together on that com- Not a lot of fuss or muss, never got election to the Senate. I speak today, mittee for more than 20 years. I joined wrapped around the axle in details, when things kind of got off tangent in therefore, in tribute to Senator JOHN the committee in 1981 and JOHN joined the wrong direction, but got to the WARNER. in 1987. There, for most of that time, core of the matter. He came to the core I have known JOHN WARNER for near- both of us have worked together as ly 30 years. In 1978, the people of Mon- chairman and ranking minority mem- of the matter. He would sum it all up in a very wonderful, sort of statesman- tana and Virginia sent us both to the ber of one subcommittee or another. Senate for the first time. I thank the We worked together on transpor- like, solid way, as only JOHN can. We people of Montana and Virginia for giv- tation bills. Those are the bills with all sat there saying, ‘‘Yes, that is about ing me the opportunity to serve with such colorful names as ISTEA, TEA–21, it. That is right.’’ That is kind of what JOHN said. ‘‘That is probably right. We JOHN WARNER. The election of 1978 SAFET–LU. For a while, we were will go on from there.’’ I learned a lot brought 20 new Senators to the Senate. chairman and ranking minority mem- from JOHN WARNER. I hope I can use From that class, many Senators moved ber of the Transportation and Infra- that in later years. on to other pursuits: Bill Armstrong, structure Subcommittee. We worked Both leaders spoke about how JOHN David Boren, Rudy Boschwitz, Bill on at least four renewals of the Water WARNER is not partisan, and it is true. Bradley, Bill Cohen, David Duren- Resources Development Act. I hope, frankly, that as we finish this I remember fondly working closely berger, Gordon Humphrey, Roger Jep- year and next year, a lot of us remem- with JOHN on the transportation legis- sen, Nancy Landon Kassebaum, Larry ber the tone and the style with which Pressler, David Pryor, Alan Simpson, lation in 1997 and 1998, TEA–21. We JOHN WARNER conducts himself. Donald Stewart. worked with our late colleague, John It is also very important to mention From that class, three have gone to Chafee. The three of us were a wonder- JOHN WARNER spoke up courageously in their final rest. We all recall the mem- ful team. You will not believe the the State of Virginia; he did not sup- ory of colleagues now departed: Jim chemistry with which the three of us port his party’s nominee for the Sen- Exon, Howell Heflin, Paul Tsongas. worked together. We decided early on ate. That was a gutsy thing to do, but May their memories serve as a bless- we would stick together as a team: he did it in a very civil way, not in a ing. JOHN WARNER, basically the Southern negative way, not in a partisan way. He From that class, four remain in the donor States; John Chafee, basically spoke his mind about what was right. Senate: THAD COCHRAN, CARL LEVIN, the New England States; and I, rep- It was very courageous and also the this Senator, and JOHN WARNER. resenting in some sense the Western tone made his message and his belief As a young man, JOHN WARNER donee States. We represented the three that much more important because fought forest fires in Montana. Very major components who put together people saw he was not personal, people often when I am talking to JOHN, he re- the Transportation bill. saw he meant it, people saw he was calls those times in Montana. His eyes We stuck together. We worked to- courageous and he was doing what he brighten up. He very much reminisces gether. I mean we worked together. thought was the right thing to do. about how much he enjoyed spending There is a lot of talk about we needing The same is true with respect to Sen- time in the State. Whether it was less partisanship around here. I have to ator WARNER’s decision about the war fighting fires or whether it was around tell you, JOHN WARNER, John Chafee in Iraq. It is not the party line, JOHN’s Bozeman, MT, it comes to him very and I, we sat down and worked things statements. He is saying what he clearly when he talks about Montana out. We had a terrific staff working for thinks is right. He is saying what he in his early years. us, JOHN, myself, and John Chafee. We thinks is the right thing to do. It is not At the age of 17, JOHN WARNER joined were all together in John Chafee’s of- partisan. It is courageous and said in a the Navy to fight in World War II, part fice, sometimes in JOHN WARNER’s of- very civil tone. of the ‘‘greatest generation.’’ JOHN fice, deciding what was best on how to That is why people have called him a WARNER is one of five World War II vets get a highway bill together. consensus builder. It is why people

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2007 CONGRESSIONAL RECORD — SENATE S11005 often say he has a potential for bipar- Joined by their colleagues, they and school. Kent was a great intellect. At tisan collaboration. I stand here saying their union reached an agreement with the time when his colleagues were I appreciate JOHN WARNER. When I got Cincinnati office building owners. Over playing marbles, Kent was studying the news he was not going to seek re- the next 4 years, 1,200 janitors in Cin- and talking about the Peloponnesian election, I thought to myself this insti- cinnati will get a $2.95-an-hour raise, wars. During our high school days, tution will be losing a great man. He is health benefits and vacation pay for Kent and I were colleagues in our a wonderful person. the first time and a small pension. freshman year debating the subject on I hope all of us, when we finish these At the other end of the State, in the negative: resolved that individual next 15 months or so working with Mentor, Roger Sustar speaks out every income should be limited to $25,000 an- JOHN, thank JOHN for what he is and day for American manufacturing. He nually. Shows you how times have also use JOHN as a kind of point of de- recognizes businesses similar to his, changed. parture, saying: ‘‘I wish to be more like small manufacturing companies, are Kent and I were on two high school JOHN WARNER. I wish to do what is vital to the economic security and the debating teams which won the State right; I wish to be courageous; I wish to national security for our country. On championship. In 1945, Russell was a be civil; and I wish to do what people of most Saturdays, he volunteers his time small school with fewer than 400 stu- our States ask us to do.’’ I salute JOHN to train students in the basics of manu- dents. We competed with schools our WARNER. facturing. size, then moved the next year to the The ACTING PRESIDENT pro tem- In northwest Ohio, in the flatlands of big-school category, where high schools pore. The Senator from Ohio. Henry County, Mark Schwiebert is a had several thousand students across f highly productive farmer in an increas- Kansas, finished in second place, and LABOR DAY ingly competitive environment. He is lost by a speaker’s ballot. Then, in proud of his successful and tidy farm, 1947, we were on the team that won the Mr. BROWN. Mr. President, yester- to be sure, but he also takes seriously State AA championship with the big day Americans of all ages, from all seg- his role as a citizen. He is an advocate schools. ments of society, from hundreds of oc- for family farmers and for fair trade, Kent was the outstanding debater in cupations and professions, celebrated Russell High. He won the Kiwanis something uniquely American: Labor understanding the prosperity of our State depends on a vibrant rural Ohio, award, went on to the University of Day. Kansas, where he was Phi Beta Kappa, Our workers, tens of millions of hour- where young people want to stay and was the winner of the Perdue National ly wage earners and hundreds of thou- work in their community. Invitational Debate Tournament, com- sands of entrepreneurs, farmers and Sue Klein, another hero who cares so peted in the West Point National Tour- managers, tradesmen and saleswomen, much about our State, works at a large nament, served then in the Judge Ad- our workers have built a middle class daily newspaper. She too makes her vocate General’s office, and settled in larger, broader, and more prosperous employer a more profitable enterprise. Salt Lake City, UT in 1958, until 1997, than any in world history. She works hard. She gets rave reviews They all have one thing in common: from her coworkers, is uncommonly de- when Alice, his wife, passed away, and They are increasedly more productive, voted to her aging parents, and gives he then moved to Portland, OR. A few years back, Kent came to join creating greater wealth and larger back to her community in a dozen profits than ever for their employers. ways. me, working on the Senate staff. He Yesterday, the Columbus Dispatch re- On Labor Day, we salute American worked for 3 months. It was an honor ported that according to the Inter- labor and Ohio labor. We celebrate our and a pleasure to have my long- national Labor Organization, American State’s heroes: Dee Dee, Carlos, Mark, standing friend Kent Shearer work workers are the most productive in the Roger, and Sue. We thank them and so with me in the Senate. He brought a world. many others. level of legal insights and erudition The average U.S. worker produces I yield the floor and suggest the ab- which was rare for a Senate staffer. more than $63,885 of wealth each year. sence of a quorum. But then Kent himself might have been But increasingly, American workers The ACTING PRESIDENT pro tem- a Senator had his career path taken have not shared in the wealth they pore. The clerk will call the roll. one different shift. That was in 1994, in have created, in wages, in health bene- The assistant legislative clerk pro- January, when the staff was being or- fits, in a meaningful pension, that ceeded to call the roll. ganized on the President’s Commission highly productive workers in our coun- Mr. SPECTER. I ask unanimous con- to investigate the assassination of try used to enjoy. sent that the order for the quorum call President Kennedy, commonly known Ohio workers are fighting back to be rescinded. as the Warren Commission. We had one build a decent standard of living to The ACTING PRESIDENT pro tem- spot left among the young lawyers on provide opportunities for our children pore. Without objection, it is so or- the staff. The Commission was recruit- and to construct a more prosperous and dered. ing lawyers from all over the country egalitarian society. f in order to avoid having the Wash- But our Nation and my State have ington establishment conduct the in- struggled; struggled in part because of GREETINGS TO THE PRESIDING vestigation out of concern that there the Federal Government’s wrongheaded OFFICER might be some thought of a coverup if trade policy and tax policies, which all Mr. SPECTER. Mr. President, at the the same crowd in Washington did the too often encourage investors to move outset, permit me to greet the distin- investigation. There was concern about jobs overseas, and in part because of a guished Presiding Officer, Senator the integrity of Washington then as drifting State Government in Colum- CASEY, my colleague from Pennsyl- now. The staff was recruited from all bus which fell short in educating our vania. It is a pleasure to come back over the country. We had lawyers from young people and did little to erect a after the August break and see Senator Des Moines and Denver and Cleveland, manufacturing policy to prepare for CASEY looking so well and fit and in Philadelphia, New York, Los Angeles. I our future. the chair. called up Kent and urged him to apply In the spirit of Labor Day, let me f for the position. Unfortunately, he share the stories of a handful of hard- couldn’t do so because of his own ca- working often heroic Ohio workers who TRIBUTE TO KENT SHEARER reer plans at that time. I think had are making a difference. Dee Dee Till- Mr. SPECTER. Mr. President, I have Kent accepted a position as assistant man and Carlos Sanchez participated sought recognition to eulogize a friend counsel to the Warren Commission and in the negotiations representing 1,200 and a former member of the Senate come to Washington, his career might janitors in Cincinnati, 1,200 men and family, Kent Shearer, who died on Au- have been parallel to mine. women who are working hard, raising gust 23. Kent was active in Utah politics, was their children, contributing to their Kent Shearer and I were boyhood chairman of the State committee, was community, and earning not much friends from our early days in Russell, instrumental in the campaigns of Sen- more than the minimum wage. KS, when we were debaters at the high ator Garn and Senator HATCH and

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11006 CONGRESSIONAL RECORD — SENATE September 4, 2007 worked for Senator BENNETT’s father, After Alice’s death in 1997, Kent moved to which also excelled. We went to one also a Senator. He worked with Sen- Portland, Oregon to be close to his son’s tournament at Salina High School, a ator Robert Bennett, very close to the family. He pursued an intellectual retire- town about 70 miles east of Russell, political establishment of the State of ment, spending his time reading, writing and and the second team did better in the providing all the answers to his grandsons’ Utah, a friend to the Secretary of many questions. Kent’s accomplishments preliminary rounds than the first Health and Human Services, Michael were many. However, all pale in the light of team. The second team advanced to the Leavitt, and would have been well suit- his sharp mind and quick wit, his basic sense semifinals, and the first team, which I ed for the U.S. Senate. Had Kent come of decency and the many people he touched was on, sat and watched the pro- to the Senate, we would have had three throughout his life. He will be missed by all ceedings because they had done better Senators from Russell, KS, since Sen- who knew him. Funeral services will be held than the first team. ator Dole’s hometown is Russell, while at St. Marks Cathedral, 231 East 100 South, One year everybody on the debating I was born in Wichita and moved to Salt Lake City on Thursday, August 30, 2007 team went through one tournament at 1 p.m. Following the service, a reception Russell at the age of 12. Kent would in Kent’s honor will be held at the Alta Club, undefeated. So it was a very remark- have fit in this establishment very 100 E. South Temple, Salt Lake City. Pub- able background in analysis, in organi- well. He would have been a credit to lished in the Salt Lake Tribune from 8/26/ zation, in extemporaneous speaking, the Senate. 2007—8/28/2007. and very good training for the practice On August 30, Steve Mills, who was f of being a trial lawyer, very good train- also Kent’s colleague for the debate ing for being a Senator, very good TRIBUTE TO ADA MAE tournaments, and I went to Salt Lake training for the questioning which we GROETZINGER HAURY City to participate in Kent’s funeral do in the various committees where we services. He was a great American. He Mr. SPECTER. Mr. President, I seek serve. had a knack for writing, contributed to pay tribute to an outstanding educa- f extensively to the newspaper in Wash- tor. As the Senate takes up the appro- TRIBUTE TO TOM KELLY ington on columns. He was a brilliant priations bills—it soon will take up the man, an outstanding lawyer, and a bill on funding for education—it is ap- Mr. SPECTER. When Ada Mae really great American. propriate to focus on the importance of Groetzinger left Russell High in the I have taken a few moments today to education in our society. spring of 1946, Tom Kelly became the eulogize him because his record is My brother, my two sisters, and I debate coach. Tom Kelly had not had worth noting for the permanent record have been able to share in the Amer- experience as a debate coach. He was in our CONGRESSIONAL RECORD, espe- ican dream because of our educational the drama coach. He directed the cially since he was a member of the opportunities. My father had no formal school plays ‘‘Lost Horizon’’ and Senate family, even though for only a education. My mother only went to the ‘‘Nothing But The Truth,’’ and was 3-month period. eighth grade, when she had to leave very adept at that. But having inher- I ask unanimous consent to have the work to help support her family where ited an extraordinary group of high following obituary printed in the her father had died in his mid-40s of a school debaters, Tom Kelly was our RECORD. heart attack. But because of their love coach when we won the State AA There being no objection, the mate- for education and recognition of its im- championship in the spring of 1947. rial was ordered to be printed in the portance, their children have benefited With the experience he gained at RECORD, as follows: from great educational opportunities. Russell High School, he then went on KENT SHEARER Our health is our No. 1 capital asset. to Hutchinson Junior College, where he Without good health, none of us can do won national championships and was Kent Shearer, 1929–2007. Kent Shearer, age 77, died peacefully August 23, 2007, in Port- anything. And our No. 2 capital asset is an outstanding teacher in his own land, Oregon. Kent was born October 5, 1929 education. Without education, there right. in Ellsworth, Kansas to William Shearer and are severe limitations. I say this in the He gave two lectures to us which Agnes (Phillips) Shearer and was married to context of paying tribute to Ada Mae have carried forth with me to this day. Alice Neff in Russell, Kansas; January 25, Groetzinger Haury, the Russell High Every Friday, when we would prepare 1952. Preceded in death by wife, Alice and School debate coach. to go to a debate tournament, Mr. daughter Lorraine (Lori). Survived by son She came to Russell in the fall of Kelly would organize the students and Edward (Bo) and his wife Renee 1945, in her early 20s, having recently start to tell us about the forthcoming Montmorency, grandsons Samuel and Beau of Portland, Oregon and sister Jane Shearer graduated from college herself. She trip. His slogan was ‘‘Don’t choke up in of Kansas City, Kansas. Kent graduated from brought a level of intensity to high the clutch.’’ That means: Don’t get too Russell High School in Russell, Kansas with school debating, which level of inten- nervous to do your job. ‘‘Don’t choke honors. He participated in the debate, sity was unparalleled in my edu- up in the clutch.’’ We would go to the drama, and forensics program and won two cational experience. We had a class in tournament, characteristically come State Championships in debate. He attended debate at 9 o’clock in the morning. back having won the tournament, and Kansas University and earned a degree from Then she would sit at 4 o’clock and on Monday he would again address the the College of Liberal Arts & Sciences with have another round of debate, again at high school debaters and say: ‘‘Don’t Phi Beta Kappa honors. He continued with debate on the KU varsity team, winning 5, again at 7, and again at 8 o’clock. rest on your laurels.’’ Those were Tom many individual tournaments across the And she would judge the debates. In Kelly’s words, which have carried country, including the National Invitational retrospect, it seems surprising that through to this day. Tournament and twice being invited to par- somebody would have done that. Each I made these comments and was re- ticipate in the West Point Nationals. In 1954, member of the debating team debated minded of the outstanding educational Kent received his law degree from Kansas twice in 1 day, once in the class at 9 experience from those two high school University and entered the Army Judge Ad- and once in the other lines. debate coaches as I reflected on the vocates Corps where he served until 1957. The analytical process in working events going to Salt Lake City for Kent and Alice made their home in Utah from 1958 until Alice’s death in 1997. Al- through the debate topics—one of Kent Shearer’s funeral. This past May, though a lawyer by trade, Kent’s passion which was national health insurance, over the Memorial Day recess, Kent throughout his life was Utah politics and the another of which was lowering the vot- Shearer, Steve Mills, Gene Balloun, Republican Party. He was an active orga- ing age to 18—was great for high school and I—the four debaters on the high nizer of the Salt Lake County and Utah students. Our high school coach, Ms. school team—paid a visit to Ada Mae Young Republicans during the 1960s and 1970s Groetzinger, emphasized a smooth de- Groetzinger, who is since married and and served as the Utah State GOP Chairman livery. If anybody faltered during the is now Ada Mae Groetzinger Haury, in from 1971 to 1973. Kent was a key behind-the- course of a 10-minute speech or a 5- her retirement home in Newton, KS. scenes member of many political organiza- It was a good event to have the four tions and campaigns (including Alice’s polit- minute rebuttal, that individual was ical career as a Salt Lake City Council mem- likely to be rated fourth. She rated ev- of us get together. At that time, Kent ber). He penned a much discussed and antici- erybody on every day of the debates. was not feeling well. He suffered from pated column in The Enterprise Newspaper It was not only the first team which emphysema. It was a good occasion for on a wide range of topics for over 30 years. excelled, but it was the second team the group to get together with our high

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2007 CONGRESSIONAL RECORD — SENATE S11007 school coach just a few months before and Greg Thome, Political Section, United at her residence. The breakfast was attended Kent passed away. States Embassy Finland. by a distinguished group of individuals in- We had lunch with Ambassador Ware, cluding Minister of Justice Tuija Brax, Chief f originally of Lancaster, Pennsylvania, at Justice of the Supreme Court Pauliine FOREIGN TRAVEL TO UNITED which I was briefed on a number of issues. Koskelo, Kimmo Sasi, Chairman of the Par- KINGDOM, FINLAND, RUSSIA, First, we discussed the recent disagreement liament’s Constitutional Law Committee, TURKEY, POLAND, AND FRANCE between Estonia and Russia, in which Esto- and Pertti Salolainan, Chairman of the Par- nia moved a statue honoring Russian sol- liament’s Foreign Affairs Committee. I was Mr. SPECTER. Mr. President, during diers who died in World War II from a park interested to learn that the judicial system the last 2 weeks of August, I had occa- to a military cemetery. Russians were not in Finland is a non-political system and sion to travel to Europe to discuss with pleased by this action and the Russian gov- there are far less ideological conflicts than a variety of foreign leaders subjects of ernment reportedly ignored the harassment in the United States. We also discussed the mutual concern. The highlight of the of Estonian officials in Russia. Finland need for the United States to be more en- trip was visiting the museum in War- played a leading role in gathering European gaged in the Middle East and conduct bilat- Union support for Estonia regarding this eral discussions with Iran. saw on the Jewish uprising, which oc- matter. The Finnish effort resulted in a RUSSIA curred on August 1, 1944. That was a statement from the European Union in sup- From Helsinki, we traveled to St. Peters- time when the Allies were making sub- port of Estonia’s action. stantial progress, with the invasion of Secondly, we discussed Ambassador Ware’s burg Russia, where Consul General Mary Kruger and Consular Officer Doug O’Neill Normandy having occurred on June 6, efforts to improve the energy diversity in Finland and surrounding areas. She is work- met us. 1944. The Soviets were coming in from That afternoon, I met with a group of U.S. the east, and the uprising was a val- ing to organize a symposium with regional energy officials to improve energy develop- business executives including American iant, heroic effort by the Jews in the ment in Finland. Chamber of Commerce—Russia President Jewish ghetto to upset the Nazi tyr- We then discussed Finnish efforts to take a Andrew Somers, American Chamber of Com- anny. Regrettably, it failed. greater role in NATO and the United Na- merce—St. Petersburg Chapter Executive Di- But for anyone who has any doubt tions. While Finland is not a member of rector Maria Chernobrovkina, American about the Holocaust or about the bru- NATO, it is a preferred partner. Currently, Chamber of Commerce—Russia Vice Presi- there are 240 troops serving in Lebanon, 105 dent Tatiana Ragnzina, American Chamber tality of the Nazis in putting down the of Commerce—Russia Communications Di- Jewish people, the 6 million Jews who in Afghanistan, 450 in Kosovo, and 80 in Bos- nia. There is a great sense of pride in Fin- rector Guy Archer, U.S. Department of Com- died—and you have preposterous state- land that they are playing an important role merce Principal Communications Officer ments coming forth with some regu- in problem areas around the world. Keith Silver, General Director International larity, most recently from the Presi- Following the briefing, I headed with Am- Paper—St. Petersburg Larry Booker, dent of Iran, doubting the existence of bassador Ware to the Parliament Building to Citibank—St. Petersburg Commercial Direc- the Holocaust—a visit to the museum meet with Speaker of Parliament Sauli tor Ruslan Belyaev, EMC Software Director in Warsaw on the Jewish uprising will Niinisto. We discussed the prospect of Fin- Igor Agamirzian, and Boyden Managing land becoming a member of NATO, to which Partner Julia Nikitina. U.S. companies play certainly quell any doubts. an important role in the economy of Russia The facts are established there, with the Prime Minister believed that more time would be needed if such a thing were to hap- employing 200,000 Russians. I questioned the the documentation, with people speak- pen. As Finland shares a large border with group about the level of government corrup- ing, those who survived, to tell the Russia, there is great hesitation to taking an tion and how it affects their companies. grim tale of the Nazi brutality and the action which Russia opposes. However, there They responded that corruption has been existence of the Holocaust. is a strong desire for Finland to continue as drastically reduced; Russia is encouraging Mr. President, I ask unanimous con- a preferred partner in NATO and to increase foreign investment; and companies that are sent that the full text of my report be their role in NATO Rapid Forces. investing are experiencing considerable Speaker Niinisto also noted concern among growth. printed in the RECORD. Following that meeting, I met with the There being no objection, the material was some Finnish people about the war in Iraq. He suggested that it would have been wiser representatives of non-governmental organi- ordered to be printed in the RECORD, as fol- zations (NGOs). Those in attendance were lows: to have the United Nations more involved after Saddam Hussein was removed from Boris Pustyntsev, Citizens Watch, Vladimir REPORT ON FOREIGN TRAVEL TO UNITED KING- power. I noted that I do not believe that the Shnitke, Memorial, and Ella Polyakova, Sol- DOM, FINLAND, RUSSIA, TURKEY, POLAND, United States would have received that sup- diers’ mothers. Ms. Polyakova explained the AND FRANCE, AUGUST 18–29, 2007 port from the United Nations. Though if abuse that new members of the military are Mr. President, I have sought recognition to there had been better intelligence on weap- facing, specifically the injuries to Roman report on foreign travel, as is my custom, I ons of mass destruction, we might not have Rudakov, who as the result of beatings had made to England, Finland, Russia, Turkey, gone into Iraq. to have most of his intestines removed and Poland, and France from August 18 to Au- That evening, I had dinner with Prime has been systematically mistreated by mili- gust 29, 2007. I was joined by my wife Joan, Minister Matti Vanhanen at his home on the tary and government. my aide John Myers, Major Benjamin M. Baltic Sea. We were joined by Ambassador They also noted their concern with a new Venning, United States Marine Corps, and Ware, State Secretary Risto Volanen and Russian law that allows the government to Commander John Clayton, United States European Union Affairs Advisor Riina place requirements for reporting and reg- Navy. Nevama¨ ki. We discussed a number of impor- istration of NGOs. The requirements being UNITED KINGDOM tant topics. The Prime Minister offered hope placed on these organizations are extensive and burdensome. Mr. Pustyntsev explained On August 18, we departed Newark Liberty that the United States could remove troops that he was required to provide correspond- International Airport, Newark, New Jersey. from Iraq, though he would not suggest a ence from the last 14 years. There is great Our first stop was in London, England, where timetable for doing so. He also offered sup- concern that this will reduce the number of we landed at Heathrow International Airport port for Turkey entering the European NGOs and harm human rights progress that after a flight of just over 6 hours. Upon arriv- Union, stating that doing so would bind the Russia has made. ing in London, we were greeted by Richard Turkish people to Democratic values. How- ever, Turkey faces obstacles to becoming On Tuesday, August 21, we were fortunate Bell, First Secretary, U.S. Embassy, London. to examine the country’s rich cultural herit- Mr. Bell briefed me on a number of impor- part of the European Union; specifically they age. We toured the Petershof Palace, the tant issues ongoing in the United Kingdom must address concerns regarding human summer home of Peter the Great. We then and with new Prime Minister Gordon Brown. rights and freedom of the press. I was inter- visited the Hermitage Museum, one of the Terrorism is the large problem in the U.K. ested to learn that Prime Minister Vanhanen best museums for Russian and European art and is becoming more complex as terrorist also serves on his city council in his home ¨ in the world. The museum is located in the threats are now increasingly coming from city of Nurmiyarvi. We also discussed John Morton, a great former winter home of the Czars. their own citizens. Further, many Britons Pennsylvanian of Finnish descent. A member On August 22, we departed St. Petersburg have a negative perception of the United of the Pennsylvania Supreme Court and Del- for Moscow, where we were greeted by James States due to the war in Iraq and the contin- egate to the Continental Congress, John Melville, Charge d’Affaires Ad Interim, ued detainment of individuals in Guanta- Morton cast the deciding vote in favor of the Kathleen Doherty, Deputy Minister Coun- namo Bay, Cuba. United States Declaration of Independence. selor, and U.S. Department of Justice Resi- After a brief overnight stay, we traveled to This important figure in American history dent Legal Advisor Thomas Firestone. I was Helsinki, Finland. provides an excellent example of the impor- briefed on issues of concern by them. Habeas FINLAND tance of Finns in America. corpus is gaining more prevalence in Russia Upon arriving in Helsinki on August 19, we On Monday, August 20, we attended a with more cases being appealed and more de- were greeted by Ambassador Marilyn Ware breakfast hosted by U.S. Ambassador Ware fendants being released on those appeals.

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However, the detention rate continues to be will be used against them in the future to TURKEY very high even with the presumption of inno- shut them down. On Friday, August 24, we traveled to An- cence. The American Chamber of Commerce kara, Turkey, where we were met by Charge Russia is currently dealing with the highly hosted a breakfast on the morning of Thurs- d’Affaires Nancy McEldowney. This was an publicized trial of Mikhail Khodorovsky, day, August 23. A number of representatives important day in Turkey as the parliament of U.S. companies attended including Amer- CEO, Yukos Oil Company. He was arrested had its second vote for President. The Par- ican Chamber of Commerce—Russia Presi- and sentenced to jail for 8 years for tax eva- liament votes three times for President un- dent Andrew Somers, American Chamber of sion, fraud, and money laundering. Some be- less a candidate receives a majority of votes lieve this was an effort to silence a political Commerce—Russia Vice President Tatiana before that. Foreign Affairs Minister opponent of President Vladimir Putin. While Ragnzina, American Chamber of Commerce— Abdullah Gul won the election on August 28, he was found guilty of these crimes it is like- Russia Communications Director Guy Ar- though he did not obtain the majority nec- ly that there are many others that could be cher, Merrill Lynch Head of Russia Global essary to win on this day. I was scheduled to brought forward on similar charges and his Markets Bernie Sucher, Air Products Gen- meet with Foreign Affairs Minister Gul, but political opposition to President Putin in- eral Manager Eastern Europe Vaclav Harant, because we were delayed departing Moscow creased the scrutiny of him. Sun Microsystems Managing Director Chris Russia is undergoing an economic boom Morris, Microsoft General Manager in Russia by the airport authorities, we were not able and that has led to high approval ratings for Birger Steen, Archer Daniels Midland Com- to meet. government officials. With this economic up- pany Director Vladimir Myrikov, and Alcoa We immediately traveled to the United turn and prosperity, human rights concerns Russia President William J. O’Rourke, Rohm States Embassy for a brief discussion of are not at the forefront of societal concerns. and Haas Country Manager Michael Shukov, issues of importance in Turkey. Iraq is on If the economic increase continues it may Backer & MacKenzie Partner Eugene the top of the list of concerns. Turkey does lead to a greater political interest in human Arievich, Boeing Director of International not want the United States to leave in the rights and general support for charitable in- Trade Policy Business Strategy and Mar- near future to prevent the destabilization of terests. keting Commercial Airplanes, Keystone Iraq. Further, Turkey supports the current That afternoon I met with Deputy Minister Foundation for Children and Families Gen- boundaries in Iraq and opposes creation of of Justice Nikolay Savchenko and represent- eral Director Maria Dolbunova, Keystone three states. The Turkish people are also atives of the Ministry. First, I asked the Foundation for Children and Families Presi- greatly concerned about S. Res. 106 and H.R. Deputy Minister if Russian authorities could dent Dennis Felty, and GE Money Bank Rus- 106, which would recognize the actions by implement a wire tap without judicial au- sia President and CEO Richard Gaskin. We Turkey against Armenia in 1915 as genocide. thorization. He replied that the system for discussed patent protection in Russia, which We then went to the Turkish Ministry of wire tapping is similar to the United States. had previously not been observed but is now Foreign Affairs Building where I had lunch To receive approval for a wire tap you must beginning to be upheld. Russia is starting to with Ministry of Foreign Affairs Ambassador meet certain standards and receive a court prosecute intellectual property violators, Undersecretary Ertu` grul Apakan. The Un- order. While there are no statistics for usage, bringing those individuals to trial and a dersecretary voiced his support for the it is an important and necessary measure. guilty verdict is resulting in a jail sentence United States to remain in Iraq as he would I then questioned the Deputy Minister or compensation to the intellectual property like to see the United States achieve success about the advisability of the U.S. entering holder. there, for if the United States fails, then Pakistan to apprehend Osama Bin Laden if We also discussed the strong growth of the Turkey has failed. I was intrigued by the we have information on his location. The Russian economy and the freedoms that Rus- possibility of United Nations military assist- Deputy Minister asked that I offer my opin- sians are experiencing as a result. The U.S. ance in Iraq. The Undersecretary believes ion first, which I did, explaining that the company representative expressed concerns that the U.N. can bridge the views between U.S. should first approach President about a recent U.S. law increasing the taxes the Shitte, Sunni and Kurds in a peaceful Musharraf to seek approval for such action, of Americans living abroad. This discourages manner. The possibility also remains that but if not given, then a preemptive action is companies from hiring well qualified Ameri- the U.N. could provide an umbrella for warranted under international law if there is cans who will have to be paid more to com- troops to assist in the stabilizing of Iraq. cause to conclude that an attack by Iran is pensate for that tax. The entrance of U.N. troops may also cut imminent. The Deputy Minister noted that I then went to the Supreme Court Building down on the insurgent anger directed at the the problem is both political and legal, but if of the Russian Federation, to meet with Jus- United States. there is proof of an imminent attack then he tice Stanislov Razumov of the Supreme On August 10, 2007, the U.N. Security Coun- Court. The Russian Supreme Court has 125 would agree with me. cil adopted Resolution 1770 to extend the We then discussed the case of Mikhail Justices, with three justices at one time pre- United Nations Assistance Mission for Iraq Khodorovsky who is currently appealing his siding over primarily appellate cases. I asked for one year and to provide assistance re- conviction to the European Court of Human Justice Razumov what occurred if a group of garding political dialogue and national rec- Rights and the impact that will have on his three Justices differed on a ruling from an- onciliation. The Mission will also work to fa- case in Russia. As a ratifier of the European other three judges on a case before them. He cilitate dialogue between Iraq and other convention on human rights, he may have said that a dissenting judge has the right to countries in the region. It is important for his case heard there, but a decision in his issue a separate dissenting opinion. He also neighboring countries to support Iraq in ef- explained the mechanism by which the Su- favor by the European Court of Human forts to reduce conflict and to build a func- preme Court provides guidance to lower Rights will not vacate the Russian judg- tioning government. Turkey is currently courts, in the absence of a system of case ment. However, the European Court of working to hold a convention with other precedent. The Justices sit in plenary ses- Human Rights may order the Russian gov- countries in the region to discuss problems sion where they summarize cases, offer direc- ernment to pay monetary damages. facing Iraq. The countries involved would in- That meeting was followed by a meeting tion on cases they have ruled on and vote on clude Syria, Egypt, Iran, Jordan, Kuwait, with representatives of U.S. based NGOs. issues of disagreement. I then asked him if Saudi Arabia, Qatar, United Arab Emirates, Those in attendance were Second Secretary they have votes that are so many one way to Bahrain, Oman, Yemen, Iraq and Turkey. so many for another. He said there is usually Political Section U.S. Embassy Russia Dan- Also invited would be the United Kingdom, not a problem reaching majority consensus iel Wartko, USAID Russia Deputy Director France, China, Russia, United States, Ger- in the plenary sessions and that the dis- Erin Krasik, Elena Panifilova of Trans- many, Canada, and Japan. senting vote is rarely more then 5 to 7 per- parency International, National Democratic The Undersecretary then explained the cent. Institute Program Officer Ian Woodward, We then discussed the role of the Russian Turkish opposition to S. Res. 106 and H.R. Carnegie Endowment for International Peace Supreme court in ruling on cultural issues 106. He did offer support for a joint history Director Rose Gottemoller, Ford Foundation that are the subject of legal disputes such as commission regarding the issue and Turkey Moscow Office Representative Steven abortion, assisted suicide, and race. I learned would accept the use of the term genocide if Solnick, International Republican Institute that the jurisdiction of the Russian Supreme that is what the evidence states. Russian Country Director Joe Johnson III, Court is different from that of the United I then met with Special Envoy for Iraq, USAID Russia Senior Advisor for Legal Af- States. Those decisions are made by lower Ambassador Og˘ uz C¸ elikkol. With the Ambas- fairs Jonathan Kamin, and USAID Russia courts. If an individual believes that a law is sador we had a brief discussion regarding the Legal Advisor Zoya Kaitova. The representa- unconstitutional or does not comply with war in Iraq. I stated to the Ambassador that tives, similarly to those in St. Petersburg, federal regulation, then that case is taken to I had voted for $100 billion in funding in sup- were very concerned with the new Russian the Constitutional Court. port of the war, but I must see a light at the law that regulates NGOs. The NGOs have I then asked Justice Razumov if President end of the tunnel to continue supporting provided the required information including Putin or other government officials can funding. I informed him of my town hall future plans for their respective organiza- order a wire tap in cases of terrorism. He re- meetings across Pennsylvania during the tions and they continue to inform the gov- plied that he cannot without a court order first two weeks of August where I met 4,000 ernment of their actions, but not asking per- and citizens must be protected. people many of whom we are adamant about mission. While the organizations have not We then visited the Novodevichy Convent, leaving Iraq. The Ambassador repeated the had any problems, there is great angst that a beautiful site that housed a number of Rus- importance of the United States remaining the information that they are providing now sia’s royal families, and Red Square. in Iraq.

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2007 CONGRESSIONAL RECORD — SENATE S11009 We then departed on a 45-minute flight to I was scheduled to meet with Foreign Min- Mr. SPECTER. Mr. President, in the Istanbul where we were greeted by Peter ister Anna Fotyga, but could not do so be- absence of any Senator seeking rec- Barte, our State Department control officer. cause we left Wednesday early to return to ognition, I suggest the absence of a the U.S. to attend the funeral of a close In Istanbul, we visited the Hagia Sophia, quorum. Topkapi Palace, and the Grand Bazaar with friend. I spoke to her by phone. I informed Filiz Ozer, Professor of Art History and Ar- her of the United States’ appreciation for Mr. President, I withdraw that sug- chitecture at Istanbul Technical University Poland sending troops to Iraq and Afghani- gestion. I had not noticed the presence and Sevil Sezen, Cultural Affairs Specialist, stan. I asked for her assessment of having of the Senator from Tennessee. U.S. Consulate General. the United Nations involved in Iraq and if The ACTING PRESIDENT pro tem- POLAND Poland would consider sending additional pore. The Senator from Tennessee. troops to Iraq if it was under the United Na- The morning of Sunday, August 26, we f tions banner. She replied that she would traveled to Warsaw, Poland and were met by have to defer to the President, Prime Min- IRAQ David Van Cleve, First Secretary, United ister, and Minister of Defense on that issue. States Embassy of Poland. I met with Andrzej Duda, Deputy Minister Mr. CORKER. Mr. President, I rise We were fortunate to have the opportunity of Justice, a impressive 35-year-old gen- today during morning business to talk to tour Warsaw, specifically the areas re- tleman. We discussed the prosecutorial sys- about a trip I made to Iraq. I think the lated to Warsaw’s WWII and Jewish history. tem in Poland which is similar to the United Acting President pro tempore made a We toured old town Warsaw, which was re- States as Prosecutors are responsible for similar trip during the August recess. I built after World War II to its original beau- cases in a geographical area. Prosecutors are ty, the monument to the Warsaw Uprising want to make a few points regarding required to graduate from law school, serve a that trip. and the Warsaw Ghetto Uprising, commemo- 3-year internship with a senior Prosecutor, rating the Jews who fought against the and then pass an exam. I know a lot of people talk about Nazis. We then visited the Jewish cemetery, I asked the Deputy Minister about crime in these trips, and they talk about the with more then 200,000 graves including Poland. He informed me that there are sev- fact that they are choreographed and many who perished in World War II. eral hundred murders a year in Poland, but short term. I do want to say my com- That evening we had dinner with Ambas- less then one thousand. He also informed me ments are in the context of many hours sador Victor Ashe, Senator Shelby, and Em- of the decreasing juvenile crime problem in of committee hearings the Acting bassy and Senate staff at the Ambassador’s Poland. While juvenile crime is still a prob- residence. lem the improving economy of Poland is in- President pro tempore and I have both On August 27, we visited the Warsaw Ris- creasing wages and employment, providing sat through in Foreign Relations and ing Museum, a unique museum that exam- youth with quality jobs. Poland as a member Armed Services and many other ways ines Poland in WWII, specifically the Polish of the European Union does not have the developing the background prior to uprising and the Home Army. The facility is death penalty and has not used it since 1987. being in Iraq. extremely interactive with a recreated sewer I then questioned him about the use of ter- I know, again, much is said of these system, which the Polish Home Army used rorism and wiretapping in Poland. The Dep- uty Minister noted that he has not been in- trips. I will say I do not think there is to travel through Warsaw and evade the anything—and the Chair probably Nazis. The facility also had a number of doc- volved in any terrorism cases, though the uments from that time including a pamphlet Ministry is working with the United States would attest to the same—like being that was air dropped in Warsaw encouraging on this important issue. He believes wire- there on the ground yourself and seeing the Home Army to wear markings that tapping is a critical tool against crime. firsthand our troops, seeing our mili- would indicate that they are part of an When I asked him about the ability of gov- tary leaders, seeing leaders of the Iraqi army, so that the Nazis could be prosecuted ernment official’s ability to use wire tapping Government, and also seeing many of for war crimes by the United States. with out a judge’s approval he stated that it was not possible. the tribal leaders, the sheiks who actu- I was particularly impressed with the story ally lead in these various areas FRANCE of Tadeusz Ruman, a member of a flight crew throughout the country. that dropped supplies in Warsaw to aid the We departed for Paris, France that Home Army. During the flight, their plane evening, where we were met by our Control I wish to make three points, and then suffered heavy damages from attacks and Officer Kim Krhounek and Logistics Control I wish to urge something in conclusion. lost two engines. After the drop of the sup- Officer Chanh Nguyen. No. 1, I think the Chair would agree plies they had to pass over mountains, which On Wednesday, August 29, we were briefed with me the professionalism and com- they only cleared by a few feet. After taking by Ambassador Craig R. Stapleton at the mitment of our men and women in uni- attacks and injuries, the crew made it to United States Embassy on a number of form is absolutely overwhelming. The Brindisi, Italy, however, upon landing they issues. We were also joined by Deputy Chief way they conduct themselves on our realized that their brakes had been damaged of Mission Mark Pekala, Political Minister Counselor Josiah Rosenblatt, Economic Min- behalf would almost lead you to emo- and were unable to stop. Taking quick action tion just in seeing the way they do they were able to steer the B–24 Bomber into ister Counselor Stuart Dwyer, Consul Gen- eral Catherine Barry, Public Affairs Minister what they do on our behalf. I have no- vines and rocks to bring the plane to a stop, ´ a harrowing tale that displayed the effort Counselor James Bullock, Defense Attache ticed that both in State, as I have trav- that the Allies made to assist the Polish Col. Raymond Hodgkins, Foreign Commer- eled the State as our men and women Home Army. cial Service Minister Counselor Raymond prepare, but certainly even more so on I was then briefed by Ambassador Victor Connan, and Head of Office Regional Affairs the ground there in Iraq. I am indebted Ashe, Deputy Chief of Mission Kenneth Michael Altoff. We discussed new French President Nicolas to them. I know the Acting President Hillas, Political Counselor Mary Curtin, Eco- Sarkozy and what his views will mean to the pro tempore and all Americans are in- nomic Counselor Richard Rorving, Counsel United States. President Sarkozy wants a General Philip Min, Public Affairs Counselor debted to the way they conduct them- culture of success in France. He is seeking to Ed Kulakowski, Defense Attach´ e Col. Rich- selves, regardless of how we may feel reform the country and make it the leading ard Runner, and FBI Attach´ e Jay about the conflict that is underway. country in Europe. Secondly, I do not think there is any Bienkowski. The Polish economy is doing President Sarkozy views himself as pro- very well with annual increases of 6 percent. American, and has stated that he wants to question that we have had military While this is below the increases of Russia help the United States in Iraq. This is likely gains on the ground. I realize that is and other Baltic countries it is very encour- to be through economic development and not uneven. But I think there is no ques- aging given the stable market environment through placing troops in Iraq. On the possi- tion what General Petraeus, General in Poland for businesses, which is not as bility of France providing troops for a Odierno, and others have done on the strong in those other countries. United Nations military force, there is little The relationship between the United ground, in beginning the work in a bot- optimism. However, there may be an oppor- toms-up approach, where we work with States and Poland is strong with left and tunity for France to increase its assistance right wing political groups, despite the oppo- through NATO by training Iraqi soldiers and tribal leaders there on the ground to sition to the Iraq war. The proposed missile policemen. secure their own areas, is the right ap- defense system in Poland is a point of ongo- Regarding Iran, the French support diplo- proach. I do not think there is any ing discussions, with Polish representatives matic efforts to prevent Iran from securing question we are seeing the results of desiring to speed up discussions. Poland is nuclear weapons capability. In fact, France that approach. putting forward a number of troops to assist may be willing to take actions on this issue It seems as if a light has gone on the United States in Iraq and Afghanistan, outside of the United Nations Security Coun- where, No. 1, the tribal leaders, the with 900 in Iraq and 1,200 in Afghanistan. cil. While Poland is looking to reduce the num- From the Embassy we departed for Charles sheiks, and others there on the ground ber of troops in Iraq, they may consider in- De Gaulle International Airport and re- are realizing that we are there not as creasing the number in Afghanistan. turned to the United States. occupiers but we are there as enablers.

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11010 CONGRESSIONAL RECORD — SENATE September 4, 2007 We want to enable them to be able to licans to come together around a plan AMENDMENT NO. 2656 secure their own destiny. We want to that would unify our country in such a (Purpose: In the nature of a substitute) leave that country other than pro- way as we are able to bring our country Mr. REED. Mr. President, on behalf viding the basic support they may need together around what is happening in of the Appropriations Committee, I on an ongoing basis. Iraq. I do not know what the details of call up an amendment in the form of a Secondly, the terror, if you will, al- the Petraeus plan will be. My guess is committee substitute which is at the Qaida and some of the other militant he and others today are actually cali- desk. groups have wreaked on these villages brating what the exact redeployment The PRESIDING OFFICER. The has caused them to want to band to- ought to be and what the timing of clerk will report. gether with us and again try to make that ought to be to actually make sure The legislative clerk read as follows: sure they do everything they can to we do not lose the successes we have The Senator from Rhode Island [Mr. REED] cause their villages to be peaceful. For had on the ground. But my guess is, proposes an amendment numbered 2656. that reason, we no doubt are seeing there will be redeployments, and I Mr. REED. Mr. President, I ask unan- gains on the ground as it relates to se- think those will be gradual, again, to imous consent that the reading of the curity. build on the successes we have had— amendment be dispensed with. I think the third thing we would all again, a continual and gradual change The PRESIDING OFFICER. Without agree with is the central Government in the mission underway in Iraq. objection, it is so ordered. itself has not made the gains we would I am of hope, of great hope—and (The amendment is printed in today’s have hoped more security on the maybe it is my newness to the Senate RECORD under ‘‘Text of Amendments.’’) ground would have enabled them to do. that gives me this optimism still, but I Mr. REED. Mr. President, I am I think most delegations that went have great hopes that if we will all lis- pleased to bring the fiscal year 2008 there met with various Iraqi officials. I ten to the reports that are being given, Military Construction and Veterans Af- know I met with both a Shia and a and not to those people who wish to see fairs, and related agencies appropria- Sunni deputy president there on the us divided, I think we in the Senate tions bill to the Senate. This is a ground and talked with them about the have an opportunity to come together unique bill for many reasons, not the lack of benchmarks we had hoped they around a proposal in Iraq that gives us least of which is it is the first appro- would all meet. the opportunity to build on the suc- priations bill that will be considered Obviously, we also are aware the cesses we have had and to change the under the requirements of S. 1, the Prime Minister is meeting with the mission of our men and women so over Honest Leadership and Open Govern- President and two deputy presidents on time what we are doing is basically ment Act of 2007. On August 2, 2007, the a daily basis to try to reach some type supporting the operations of the Iraqis Senate approved S. 1 by a vote of 83 to of reconciliation so they can move for- as they continue their move ahead, 14, clearing the measure for the Presi- ward on these important issues. But hopefully, toward a more secure Iraq. dent’s signature. When signed by the the fact is, those benchmarks have not Mr. President, I suggest the absence President, this ethics reform legisla- been made in a way that we here in the of a quorum. tion will significantly improve the Government would like to have seen The ACTING PRESIDENT pro tem- transparency and accountability of the them approached and progress made. pore. The clerk will call the roll. legislative process. Our soldiers have been outstanding. The legislative clerk proceeded to Although the White House has re- There is no doubt that military gains call the roll. on the ground have occurred, and the Mr. REED. Mr. President, I ask unan- quested the Senate not submit the leg- central Government has not conducted imous consent that the order for the islation to the President until he re- itself in a way that we would have quorum call be rescinded. turns from his overseas travels, I wish liked to have seen happen. The PRESIDING OFFICER (Mr. to assure Senators we intend to abide by the requirements of S. 1 during the In the next week or so we are going BROWN). Without objection, it is so or- to see a number of reports, but most dered. consideration of this bill. The legisla- important, obviously, to me anyway, is tion requires that the chairman of the f the report General Petraeus and Am- committee of jurisdiction certify that bassador Crocker will put forward. I CONCLUSION OF MORNING certain information related to congres- urge my fellow Senators on the floor to BUSINESS sionally directed spending be identified listen to what is going to be said. Obvi- The PRESIDING OFFICER. Morning and that the required information be ously, there are people here who have a business is closed. available on a publicly accessible con- gressional Web site in a searchable for- lot invested in various amendments or f proposals, and there is a human trait mat at least 48 hours before a vote on we want to see our own proposal, if you MILITARY CONSTRUCTION AND the pending bill. will, be the one people in the Senate APPROPRIATIONS ACT, 2008 The information required includes and our country adopt. The PRESIDING OFFICER. Under identification of the congressionally But let me state I do not think there the previous order, the Senate will pro- directed spending and the name of the is any question that the Petraeus plan ceed to the consideration of H.R. 2642, Senator who requested such spending. is going to discuss redeployments. It is which the clerk will report by title. This information is contained in the going to discuss bringing men and The legislative clerk read as follows: committee report numbered 110–85, women home from Iraq based on the A bill (H.R. 2642) making appropriations dated June 18, 2007, and has been avail- successes we have had on the ground in for military construction, the Department of able on the Internet for over 2 months. recent months. I do not think there is Veterans Affairs, and related agencies for In addition, pursuant to the stand- any question we have seen a change in the fiscal year ending September 30, 2008, and ards required by Chairman BYRD and mission take place on a province-by- for other purposes. Senator COCHRAN, letters from each province basis. In other words, one of Mr. REED. Mr. President, I believe Member with a congressionally di- the things we debated heavily in pre- the Senator from Arizona has a re- rected spending item in this bill or ac- vious debates this year on Iraq was quest. companying report are available on the changing the mission of our men and The PRESIDING OFFICER. The sen- Internet certifying that neither the women in uniform. Yet we are seeing ior Senator from Texas is recognized. Senator, nor his or her spouse, has a this occurring province by province, as Mrs. HUTCHISON. Mr. President, I pecuniary interest in such spending tribal leaders are able, working with ask unanimous consent that the Sen- item. our military leaders, to take the lead ator from Arizona, who has given up I am submitting for the RECORD the in their own security. So we are seeing his 10 minutes in morning business, be certification by the chairman of the that change in mission. allowed to speak between 2:20 and 2:30 Committee on Appropriations. I say to my fellow Senators, let’s lis- this afternoon. There being no objection, the mate- ten. I think we have an opportunity in The PRESIDING OFFICER. Without rial was ordered to be printed in the the Senate for Democrats and Repub- objection, it is so ordered. RECORD, as follows:

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2007 CONGRESSIONAL RECORD — SENATE S11011 Senator Byrd: I certify that the informa- construction they need to do the job we strong. It is very important in our tion that will be required by S. 1, when it be- are asking them to do. The Guard and transformation effort that we have in- comes law, related to congressionally di- Reserve, which I will mention later, is creased the end strength of the mili- rected spending, has been identified in the well funded in this bill, and it is some- tary, as well as changed the types of Committee report numbered 110–85, filed on June 18, 2007, and that the required informa- thing we must do because they are car- fighting units that we will have in the tion has been available on a publicly acces- rying such a huge burden in the war military. So that has also provided re- sible congressional website in a searchable against terror. Local communities, quirements for different military con- format at least 48 hours before a vote on the family members of servicemembers, struction. We are doing exactly what pending bill. and taxpayers all have a part in bal- we should be doing in the bill, and we Mr. REED. Before yielding to Sen- ancing any appropriations bill and es- worked very closely with the author- ator HUTCHISON, I would like to thank pecially this one. ization committee to assure that their Chairman BYRD and Senator COCHRAN This bill does address the infrastruc- priorities and our priorities were the for their leadership in bringing this bill ture requirements as well as health same. to the floor. Also, I would like to thank care and benefits of our veterans. We I am very pleased that we also have the ranking member of our sub- hope to move it expeditiously across addressed the needs of the Guard and committee, Senator HUTCHISON, for her the floor today, I think because Sen- Reserve. I have to say—and I think ev- support and assistance, her knowledge ator REED and I have worked so well on erybody who knows the subject would and experience on the subcommittee, the bill that we have solved most of the agree—that the funding needs of the and her dedication to veterans and the issues that have come forward, and I Guard and Reserve have not been well military have been tremendous assets believe we have done a good job in represented in the Department of De- in developing this bill. I am particu- funding everything that was necessary. fense budget submission in the past be- larly pleased to bring the bill to the Let me mention a couple of the main cause of other high priorities for our floor today in anticipation of wel- points. This subcommittee, with Sen- defense dollars. But the Guard and Re- coming Senator JOHNSON back. He is ator FEINSTEIN and myself, were in- serve are doing so much in the war on our subcommittee chairman. He will strumental in the rebasing effort that terror. They are being deployed and re- return tomorrow. This bill is a testa- has occurred in the Department of De- deployed. We need to make sure they have the facilities and support they ment to Senator JOHNSON’s tenacity in fense. We are bringing back 70,000 of the face of adversity and to his leader- our troops from overseas to be able to need to fulfill their very vital function ship, even though as he recuperated, he train in the United States. This was in the war on terror. The other part of this bill, which is a was involved in the process and pro- part of an overseas basing commission major responsibility, is, of course, the ceedings and he too shared the deep bill that Senator FEINSTEIN and I co- Department of Veterans Affairs. The concerns of the Nation’s military fami- sponsored that was adopted by Con- veterans affairs portion of the bill has lies and our Nation’s veterans. I am gress and results in 70,000 troops com- many good features. As we move for- deeply honored to be managing this bill ing back—mainly from Germany and South Korea. ward in the process, I am committed to on the floor for him. continuing to work with my colleagues I yield to the Senator from Texas. That also has had an impact on mili- The PRESIDING OFFICER. The sen- tary construction because we found to make sure that every dollar is spent ior Senator from Texas is recognized. when we went overseas that there were wisely and efficiently to serve the Mrs. HUTCHISON. Mr. President, I training constraints in the bases over- needs of our veterans. We have ex- wish to first thank the Senator from seas. We had capacity in America for panded resources to treat the types of Rhode Island for allowing me to speak better training and better opportuni- injuries and illnesses that our veterans before he gives his major talk about ties for families. So in this bill we had are facing today. We are doing more in the bill itself because of time con- to address the needs of the military mental health and trying to help peo- straints. I appreciate that. It was very construction for those troops that will ple with post-traumatic stress syn- drome. nice of him to do that. be moving back home over the next 5 We are trying to make sure our fa- Let me first say it has been very to 6 years. cilities are kept up. We have a huge helpful—it has been terrific—working In addition, Congress has the respon- building program. Minor construction with the Senator from Rhode Island. sibility to fund the BRAC. We have a will be $751 million. Major construction He was, as he said, substituted. This time limit for the Department of De- will be $727 million. It is going to be a was thrown at him early this year. I fense to implement BRAC. That re- major effort to make sure these facili- know it is something he wanted to do quires building not only in the places ties are cutting edge. because he has a great record serving where troops will be moving in and fa- Severe trauma and brain injury is an- in the military himself, but to step in cilities that will be needed for addi- other area we are addressing more fully for Senator JOHNSON because of his ill- tions to bases, but also to take care of in this bill than we ever have before. ness was a great thing that Senator the needs of bases that are going to be Also, research into prosthetics and the REED was able to do, and he has done a closed. We did fully fund BRAC, and I use of artificial limbs is another impor- great job. I might add that his able am pleased that we did. It was our re- tant focus because we know more of staff has had a lot of experience on this sponsibility to do it because we put a our young soldiers are losing limbs, bill and were also very helpful. Tina deadline on the Department of Defense and we need to make sure we are doing Evans, B.G. Wright, and Chad Schulken for the implementation of BRAC. We the very best for them to be able to have been subcommittee staff members certainly have to do the required con- lead normal lives. for a long time—longer than any of us, struction in order to meet the deadline. We are doing more research into gulf I might say—and it has been very help- Army modularity: We are changing war illness and, as well, geriatric care ful to have that knowledge and experi- the concept. There are smaller fighting for the older veterans. These are crit- ence working with us. Of course, my units now. We have accommodated ical needs. We will never quit looking own staff, Dennis Balkham, Christine that modularity effort through our for answers, and this fully funds the re- Heggem, Yvonne Stone, and Sean military construction efforts. Of search for the areas in which we need Knowles have also contributed greatly course, in the global war on terror, to do more and better for our veterans. to this complicated bill. It is a big bill which is the major overlying conflict We must continue to adapt to the that affects all our veterans and our that is going on today with our mili- types of injuries that our warriors ex- military personnel because we do deal tary personnel, we certainly have to perience in the different theaters in with military construction as well as meet the needs of those who are being which they serve. We must also prepare veterans affairs. trained and are going to be deployed in for future weapons, such as chemical This bill, I think, balances all the the war on terror, and we have to take and biological, that may be used needs that are necessary very well. We care of their families. against our soldiers. have to take into account, of course, The military construction section of Mr. President, I think every Member the Active-Duty servicemembers in the bill provides over $21 billion for of Congress shares in the desire to fair- making sure they have the military construction projects, and it is very ly compensate, medically treat, and

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11012 CONGRESSIONAL RECORD — SENATE September 4, 2007 honor the veterans who have sacrificed delaying crucial funding for our Na- It is vital that the Department of and borne the responsibility of mili- tion’s veterans and military forces. Veterans Affairs have adequate re- tary service. The VA provides health The Military Construction and Vet- sources to address these emerging and care free of charge to address any and erans Affairs Appropriations bill funds unanticipated requirements without all service-connected illnesses or dis- urgently needed investments in the fa- draining funds from other needed and abilities, mental or physical, including cilities in which our military forces high priority programs, such as long- those conditions which may manifest and their families live and work and term care for aging veterans. decades after military service. train for battle. It also provides fund- Unfortunately, for too long, the The VA also provides health care free ing for the benefits and medical care President’s Office of Management and of charge to low-income veterans re- acutely needed by our Nation’s vet- Budget has ignored the financial im- gardless of service-connected disability erans. pact of the wars in Iraq and Afghani- or illnesses. We always have—and al- The bill before the Senate today pro- stan on the Department of Veterans ways will—take care of our Nation’s vides a total of $109.2 billion in funding, Affairs, and has continued to penny veterans. including $64.7 billion in discretionary pinch the Department’s budget. In summary, this Congress has shown funds. In all, the discretionary funding As a result, the Department of Vet- its resolve time and again to care for is $4 billion over the President’s budget erans Affairs has struggled over the our men and women in uniform, as well request. As Senator HUTCHISON said, past several years—often unsuccess- as the more than 7 million veterans in the President is prepared to sign the fully—to keep pace with the rising de- America. We owe them our gratitude. legislation as it is. mands for veterans health care. It has We owe them what they deserve, and Funding for the Department of Vet- been Congress that has had to lead in that is that we take care of their erans Affairs totals $87.5 billion, of providing the resources to bail out the needs. which $44.5 billion is for mandatory Department when its projected health I appreciate working with Senator programs and $43 billion is for discre- care costs fell abysmally short of the REED. I appreciate that we have done tionary programs, an increase in dis- mark. And it has been Congress that everything we could with the dollars cretionary funding of $3.6 billion over has led the effort to provide the De- we had. I will just note that President the President’s budget request. partment with more resources for men- Bush has said if the bill stays as it is We have independently determined tal health care programs at a time now, he plans to sign it so that we can additional needs for military construc- when the requirement for such services implement it quickly. But I do hope as tion and veterans affairs, and we found is soaring. a responsible way to meet these addi- we go through the conference process I am pleased to report that the bill and finish the bill on the Senate floor tional needs. More than 70 percent of the in- before the Senate today corrects the that we will keep to the intention of deficiencies of the past and provides the bill, that we will make sure we crease—$2.6 billion—is for the Veterans Health Administration. This increase the necessary investment to guide the stay within the guidelines we have. Department into the future. We have added $4 billion above the will allow the Department of Veterans And there is more good news for vet- President’s request already. That Affairs to dedicate additional resources erans in this bill. This legislation pro- money is allocated, so there will be rel- to deal with spiraling health care needs vides $1 billion over the President’s atively few changes I think we should for veterans, including the urgent budget request for minor construction make if we are going to expeditiously needs of Iraq and Afghanistan war vet- and nonrecurring maintenance of vet- send the bill to the President for his erans. Chief among needs, in terms of erans hospitals and clinics. Last Feb- signature and assure that he will sign widespread impact, is the treatment of ruary—after the President submitted it. traumatic brain injury and post-trau- his fiscal year 2008 budget request and Once again, I thank Senator REED matic stress disorder. and his able staff for accommodating The extent of these problems among after the deplorable conditions at Wal- me and allowing me to make my state- returning veterans—and the strain that ter Reed Medical Center were re- ment. I look forward to getting this the treatment of them is placing on the vealed—the Veterans Affairs Depart- bill out tomorrow and on to the Presi- Veterans health care system—is only ment released a report identifying dent very soon. now coming to be fully understood. The roughly $5 billion worth of deficiencies The PRESIDING OFFICER. The Sen- Defense Department estimates that as in its facilities system-wide. If we do ator from Rhode Island is recognized. many as 30 percent of returning Iraq not want to see another Walter Reed Mr. REED. Mr. President, I ask unan- and Afghanistan war veterans suffer horror story in veterans’ facilities, we imous consent that the substitute from traumatic brain injury or post- need to move aggressively to correct amendment be considered and agreed traumatic stress disorder—or both. these deficiencies, and the funding in to; that the bill, as thus amended, be This is a startling statistic and a loom- this bill will allow the Department to considered as original text for the pur- ing crisis that needs to be addressed do so. pose of further amendments; and that immediately. The bill also includes $131 million to no points of order be considered waived The urgency of this problem was hire at least 500 new claims processors by this agreement. among the top findings cited in the re- to reduce the growing backlog of vet- The PRESIDING OFFICER. Without port of the President’s Commission on erans’ disability claims. The Veterans objection, it is so ordered. Care for America’s Returning Wounded Benefits Administration currently has Mr. REED. Mr. President, I commend Warriors, better known as the Dole- a backlog of almost 400,000 pending Senator HUTCHISON for her hard work Shalala Commission. The commission’s claims, with the average claim taking and that of her staff. She has been a report, which was released earlier this almost 6 months to process. In testi- very positive and laudable member of summer, spotlights the need to aggres- mony before the Senate Veterans Af- the committee. She has vast experi- sively prevent and treat post-trau- fairs Committee in March, the GAO ence, having served on the committee matic stress disorder and traumatic highlighted the need for the VA to take many years, and has made a major con- brain injury, including preparing for steps to reduce the existing backlog of tribution to this legislation, and she the long-term consequences of these in- claims and improve the accuracy and should be acknowledged for that con- juries. consistency of decisions. This bill tribution. Many of the veterans wounded in takes dead aim at correcting those Mr. President, this is a critically im- Iraq and Afghanistan will require problems. portant piece of legislation, and I hope years, if not a lifetime, of medical care I know, as all my colleagues do—be- that the Senate will act on it expedi- from the Department of Veterans Af- cause we get the calls in our State of- tiously. Both the Department of Vet- fairs. And this new influx of veterans is fices from veterans who need help and erans Affairs and the veterans service occurring at a time when the veterans have an unusually long time in which organizations have urged prompt ac- from previous wars are aging and re- their claim is being processed—that tion on this bill, and the President quiring substantial increases in med- sometimes the claims are rejected and himself has cited the importance of not ical services as well as long-term care. have to be resubmitted or are pending

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2007 CONGRESSIONAL RECORD — SENATE S11013 appeals. All of this is going to be cor- fected communities cannot use much It has been reported that the Senate rected, and it is going to help the peo- of the land on which these bases sit. bill harbors $6.5 billion in undisclosed ple who need help, veterans who need I am particularly pleased that this earmarks, which comprises the funding access to the veterans system quickly bill adds $234.6 million above the Presi- for construction projects in the BRAC and efficiently, and we hope this bill dent’s budget request for Guard and 2005 account. This characterization re- will do that. Reserve military construction projects. flects an unfortunate misunder- On the military construction side, The Guard and Reserve are central standing of the BRAC account which I which is the other major provision in components of our Nation’s military am pleased to clarify for the record. our legislative agenda, the bill provides forces. Yet the President’s request for Unlike the regular military construc- $21.2 billion. While this is a substantial military construction to support these tion program, the BRAC account does increase over last year’s funding level, components has been steadily declin- not require line-item authorization and it should be noted that more than half ing. The Senate bill corrects that def- appropriation for individual projects. of the budget request was to fund the icit. Instead, the account receives lump-sum 2005 base realignment and closure pro- Because of the enhanced scrutiny of funding from which the Defense De- gram and the President’s Grow the earmarks under the requirements of S. partment develops a spending plan to Force Initiative. For military con- 1 and the guidance of Chairman BYRD implement the recommendations of the struction associated with conventional and Senator COCHRAN, it is important Base Closure and Realignment Com- mission requirements, the budget re- to understand how the military con- mission. Neither Congress nor the De- quest, following the trend of the past 5 struction portion of this bill is funded. fense Department has the authority to years, was basically flatlined, but we The vast majority of military con- deviate from the Commission’s rec- have two major initiatives—the BRAC struction funding is project based. ommendations. It is the policy of this of 2005 and the new initiative of the That means Congress cannot correct committee to not earmark or accel- President to increase principally the deficiencies in the President’s budget erate funding for specific projects with- size of the Army—and those initiatives request simply by increasing the top in the BRAC account because of the have required additional funding. line of individual accounts. Military complicated domino effect of closing The Senate bill fully funds the Presi- construction funding is allocated by and realigning facilities among instal- dent’s $8.2 billion request for BRAC project and by law. Each and every lations. Thus, each of the BRAC 2005 2005 and for his Grow the Force Initia- major construction project must be in- projects identified in the committee re- tive, and it increases funding for the dividually authorized and individually port was determined by the adminis- regular military construction program funded. The President’s military con- tration, in accordance with the BRAC by nearly $400 million over the Presi- struction budget request is composed law. The account includes no congres- dent’s request. Especially in a time of primarily of earmarked projects, and sional earmarks. war, we must not skip on funding the congressional increases to the budget I regret that due to a lack of under- basic infrastructure needed to support request must also be earmarked for standing of the BRAC process, the Mili- our men and women in uniform. specific projects. tary Construction and Veterans Affairs The Senate bill also provides $320 The 2008 Senate bill includes 665 indi- appropriations bill has been used as a million—that is $100 million over the vidual earmarks, of which 580 were re- poster child for undisclosed earmarks. President’s budget request—for the quested by the President. The staff of Such an assertion is inaccurate on its BRAC 1990 legacy program. This goes the Military Construction and Vet- face, but to correct any lingering mis- back to the prior BRAC in 1990. erans Affairs Subcommittee worked It is important that the Government diligently to identify every earmark in conceptions, I have prepared a list of keep its commitment to the commu- the Senate bill. Every Senator was re- the 189 BRAC 2005 projects that were nities affected by prior BRAC rounds quired to submit to the committee published in the report accompanying and ensure that environmental cleanup both a written request and a letter of the bill, annotated to show that each of closed military installations is com- financial interest before a request project, since it was funded through pleted as thoroughly and rapidly as would be considered. Moreover, the the President’s budget request, was re- possible. Although it has been nearly 13 military construction title of this bill quested by the President. years since the last round of closures is developed in close coordination with I ask unanimous consent to have the under the previous BRAC rounds, the the Senate Armed Services Committee, list printed in the RECORD so there can backlog and environmental cleanup re- and every congressionally directed be no question as to the origin of these mains at $3.5 billion. At the current project in the appropriations bill is au- projects. rate, it will take decades to return thorized in the Defense authorization There being no objection, the mate- some of that property to a safe and us- bill. The process could not be more rial was ordered to be printed in the able condition. In the meantime, af- open and aboveboard. RECORD, as follows:

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VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY Insert offset folio 204 here ES04SE07.003 September 4, 2007 CONGRESSIONAL RECORD — SENATE S11017 Mr. REED. Mr. President, it has been uninterrupted economic expansion, and taxes—which we can see far exceeds a remarkable process putting this bill surging tax revenues that have far out- any other category, whether it is hous- together, principally because of the paced projections and helped lower the ing and household operation or health staff of the subcommittee on both deficit. In fact, last month, the Con- and medical care or transportation, sides. I wish to particularly thank gressional Budget Office reported that clothing, or other items. They are far Christina Evans, B.G. Wright, and Chad the budget deficit will fall by more exceeded by the Federal tax bite taken Schulken for the majority, and Dennis than one-third this year and is almost out of the average taxpayer’s pay- Balkham, Chris Heggem, and Yvonne $20 billion lower than its previous esti- check. Stone for the minority for their hard mate. Meanwhile, it was reported that We have been treated to an inter- work and cooperative effort to produce the economy grew by 4 percent last esting debate during the Presidential this bill. quarter alone. primaries already to see how leading I believe the 2008 Military Construc- Unfortunately, there are some on the Presidential candidates compare on tion and Veterans Affairs and Related other side of the aisle who want to fix various tax issues. We have seen pro- Agencies Appropriations Bill is an ex- what is not broken and roll back the posals from the top Democratic can- cellent piece of legislation, one that is progress we have made with the tax re- didates to actually raise the individual needed now, not later. It is needed to lief passed in 2001 and 2003. Instead of tax rate to 39.6 percent from 35 percent. fund programs that are crucial to our talking about tax relief for hard-work- We have seen proposals from the top national defense, to the defense of the ing Americans, there are those who are Democratic candidates to tax private Nation, and to the well-being of our talking about raising taxes on Ameri- equity, carried interest at higher ordi- veterans. I hope and urge that the Sen- cans. Instead of talking about sup- nary income rates, and we have seen a ate quickly pass this bill. porting the American entrepreneurial proposal to preserve the death tax. Mr. President, I yield the floor. spirit, some are talking about expand- On the other hand, top Republican The PRESIDING OFFICER. The jun- ing the size of Government and increas- candidates have proposed to preserve ior Senator from Texas is recognized. ing Government spending. the tax cuts, including the 35 percent NOMINATION OF JIM NUSSLE First, we passed a budget a few top rate, preserving the lower capital Mr. CORNYN. Mr. President, the Au- months ago that contemplated the gains rate for carried interest, and we gust recess has given us all an oppor- largest tax increase in our Nation’s see on the bottom the difference in the tunity to return to our constituents history, not as a result of the vote of way the top Democratic candidates for and reconnect with the people of our Members of the Congress but by allow- President and top Republican can- States and listen to what is on their ing the temporary tax provisions I didates for President would treat cap- minds, not just what we hear inside the mentioned a moment ago to expire ital gains and other taxes. bubble in Washington, DC. For my without taking a single vote. This Invariably, it seems as if the dif- part, the issues I encountered wherever budget stacked the cards against tax- ferences are between those who would I went in Texas were concerns about payers by making it easier for Wash- take more of a tax bite out of the hard- the economy, about jobs, about Gov- ington to raise taxes. Then the Senate earned income of the American tax- ernment spending. Many people are considered tax policies on a so-called payer and spend more on Federal Gov- concerned, and given, unfortunately, Energy bill that produced no new do- ernment and those who believe the peo- the recent history of the Congress and mestic sources of energy. Instead, it ple who earn the money deserve to the budget that has already passed, I would have reinforced America’s de- keep more of what they earn. This tax don’t blame them for their concerns. pendence on foreign energy sources. At relief has given rise to an unprece- There are some very real reasons they the same time, we have seen legisla- dented expansion of the economy and should remain concerned about taxing tion pass that raises taxes that espe- job creation beyond some of our and spending in the Congress. cially hits low- and middle-income in- wildest dreams. Mr. President, you will recall that in dividuals hard. The politics of tax and spend has un- 2001 and 2003, when Republicans were in Next, we saw proposals rejected that fortunately crept back into Wash- the majority, Congress passed well- would have forced Congress to err on ington and threatened to undo a lot of timed tax relief that helped the econ- the side of the people by making it good work that has been done over the omy overcome the fallout from cor- more difficult for the Senate to raise past several years. One rather con- porate accounting scandals of the late taxes. For example, a 60-vote point of fusing example is the recent passage of 1990s, the bursting of the tech bubble, order against legislation that raises in- the reauthorization of the Children’s and the horrific attacks of September come taxes that overwhelmingly Health Insurance Program. This bill in- 11, 2001. This well-timed and important passed the Senate but was later creased the CHIP budget by 300 per- tax relief put money back into the stripped out during the conference cent, effectively raising taxes to cover pockets of working families all across committee on the budget. the expenditure. But this program has America, in the pockets of small busi- In addition, some on the other side of also increased the scope of CHIP cov- nesses and entrepreneurs, and as a re- the aisle have proposed to raise the erage to include families of four with sult, the economy has bounced back in Federal gas tax at a time when the an income of more than $80,000, some an incredible and impressive way. price of gasoline remains around $3 a 400 percent of the poverty level. This Items such as bonus depreciation and gallon. They have also proposed legis- creates the double standard of such the $100,000 expensing have allowed en- lation that slaps what I believe could families being in need by CHIP stand- trepreneurs and small businesses to accurately be called a competition tax ards but wealthy under the Tax Code. grow, not only helping their owners on America’s entrepreneurs and small Our laws should never contain such a and their families but also creating businesses by making it more difficult ridiculous double standard. jobs for their community. to keep capital at home and to attract This battle for higher taxation and We doubled the child tax credit for capital from abroad. After all, capital fiscal irresponsibility is nowhere more working parents. We provided tax relief formation is the lifeblood of domestic evident than it is with the confirma- to all taxpayers from higher marginal job creation. tion of Jim Nussle as the head of the tax rates. We reduced the marriage tax Finally, some have actually advo- Office of Management and Budget, a penalty and protected millions of tax- cated rolling back the 2001 and 2003 tax nomination we will be voting on later payers from the alternative minimum relief that has done so much good for today. Despite the progress and eco- tax. We also provided capital gains and American businesses and provided my nomic boom that I have described, dividends tax relief for small investors, home of Texas with historically low many Members of Congress are fighting which have helped increase economic unemployment rates. against this nomination, even though activity and fill the Government’s cof- As this chart shows, American work- this former chairman of the House fers. ers will have to work 79 days just to Budget Committee was a major archi- We continue to benefit from this tax pay for their Federal taxes this year. tect of these successful tax policies relief we are enjoying by seeing 8.2 mil- And that, of course, is on top of the 41 which I have described. The House ma- lion new jobs created, nearly 6 years of days to pay their State and local jority leader even remarked that from

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11018 CONGRESSIONAL RECORD — SENATE September 4, 2007 2001 to 2006 Congress had ‘‘pursued the in recent weeks, it is still growing at Now, what are the economic plans of most fiscally irresponsible policies.’’ better than 7 percent this year, which the Democrats by comparison? Are And while our current economy seems is very good. In fact, since 2003, the they also aimed at encouraging to contradict that statement, the stock market has grown at an average growth? I would, unfortunately, say, American taxpayer must certainly dis- of 12 percent, which is at about the his- no, I don’t think so. Under the budget agree. torical average of the stock market. that was passed, the Democrats will Congressman Nussle has a long and The poverty rate has declined to 12.3 raise taxes by $716 billion. Those new well-established history of financial re- percent. By contrast, for example, taxes would discourage investment, sponsibility and is considered by many under the Clinton administration, it punish hard work, and block jobs from to be a leading expert on budget issues averaged 13.3 percent, so it is 4 percent being created. And repeatedly this year and the Federal budget process. Con- lower than it was during that time. the Democratic Congress has overspent gressman Nussle has worked hard to Clearly, the economic growth that the budget. The war supplemental in- try to pass meaningful earmark re- has characterized our economy gen- cluded billions in agricultural pork form, even before it became a popular erally has benefitted many segments of projects. The omnibus continuing reso- political rallying cry. He was instru- our society. Nearly 70 percent of Amer- lution included billions in extra spend- mental in writing the welfare reform icans now own their own homes. That ing, and the appropriations bills that bill, and he successfully passed six is higher than at any time, for exam- have passed out of the House of Rep- budgets. Finally, Congressman Nussle ple, during the previous administra- resentatives and are being considered has been repeatedly praised for his tion. And the average home price has in the Senate are all over the Presi- work on taxes by national organiza- increased by more than 50 percent dent’s budget request. This is going to tions such as Americans for Tax Re- since 2001, meaning that a home worth make Jim Nussle’s job a lot more dif- form, the National Taxpayers Union, $200,000 in 2001 is, on average, worth ficult. Citizens Against Government Waste, about $300,000 today. That kind of ap- And how do the tax-and-spend plans the Council for the Committee on Gov- preciation for housing has obviously of the Democrats help economic ernment Reform, and the National Tax increased the wealth of American growth? The answer is simple: not at Limitations Committee. homeowners by literally billions of dol- all. The fact is, my Democratic col- As we move forward, the last thing lars. leagues rarely talk about economic we should do is to reverse the policies Those are just some of the numbers, growth. They don’t claim the $716 bil- that have helped bring around Amer- Mr. President, but I think they illus- lion in new taxes would be a boost to ica’s economy, reduced the deficit and trate a very important point, and that the economy, of course, because it put more money in the pockets of is that success in the economy is not wouldn’t. Instead, they advocate new Americans. Indeed, we must pursue an accident, first of all. We in Wash- taxes and new spending programs and economic policies that encourage ington need to appreciate that we don’t just assume that economic growth will growth and protect the interests of create success. That is created by the occur regardless of whether they bust America’s taxpayers. The best way to American people—the entrepreneurs, the budget and raise taxes on the do that is by maintaining the tax relief the people who work hard, and the American people. that has already helped millions of thousands, millions, literally, of deci- It pains me to say it, but I don’t hard-working Americans and by con- sions made every day in working think these folks understand why eco- firming Jim Nussle as head of the Of- through our free market economy. But nomic growth matters to the average fice of Management and Budget. government can also have a big impact family. Otherwise they wouldn’t be Mr. President, I yield the floor and on whether that success exists or not proposing this kind of counter- suggest the absence of a quorum. by decisions we make relating to regu- productive policy. Let’s look at what The PRESIDING OFFICER (Mr. CAR- latory and tax-and-spend policy. And would happen if we abandoned the cur- PER). The clerk will call the roll. what we do here, I think one would rent economic policies that have en- The assistant legislative clerk pro- have to acknowledge, can have a big abled our economy to grow in the last ceeded to call the roll. impact on the decisions that working quarter, as I said, at over a 4 percent Mr. KYL. Mr. President, I ask unani- Americans and investors make in their clip. mous consent that the order for the economic lives. If the economy is not expanding, quorum call be rescinded. It is now undeniable that one of the there will be very few new jobs. Most The PRESIDING OFFICER. Without key factors in the economic growth obvious and painful are the job losses. objection, it is so ordered. The Senator that I referred to earlier is the 2001 and If the economy is contracting, people is recognized. 2003 tax relief passed by the Republican will be losing their jobs. And there is a THE ECONOMY Congress and signed by President Bush, multiplier effect. When one worker Mr. KYL. In just a few minutes, we and it has been a big boon to the econ- loses his job, his family and commu- are going to start the discussion of the omy. nity suffer. All the money he or she has confirmation of Jim Nussle as head of Let me explain what we have done to been earning was either being spent or the OMB—the Office of Management create the conditions for growth, in invested. Now, the people relying on and Budget. And since a lot of what he other words. We have rewarded work those dollars suffer as well. Those who has to work with in terms of budget de- and investment through lower tax keep their jobs will see very little wage pends upon decisions we make in the rates. We have refused to punish suc- growth, cuts in their benefits, such as U.S. Congress, I thought it might be a cess by taxing the rich even more. We health care, longer work hours, for ex- good time to review some of the eco- have given small businesses financial ample, more people working multiple nomic news and information that has incentives to grow and to add jobs to jobs and spending even less time with been coming out over the course of the the economy, and we have encouraged their families. last several days and weeks. The ma- investors to move their capital around You can see the multiplier effect of jority of this information is very en- efficiently so that businesses can get this kind of economic loss. And there is couraging for our future, and I will go the money they need to grow. a flip side. Without economic growth, through briefly and explain why it We need to continue to encourage there is no expansion of existing busi- matters. hard work, savings, and investment. ness facilities, such as expansions to It shows, first of all, that we had 4 We need to protect the pocketbooks of factories, which would lead to more percent economic growth in the second working families and the cash registers local jobs. No new businesses. For the quarter of this year. That is phe- of the small businesses by protecting most part, you don’t see large-scale nomenal and well above the historical them against tax increases. And, frank- business startups during economic average. Continuing low unemploy- ly, we need to stop wasteful Wash- downturns. And it is not just the po- ment; now it is 4.6 percent. More than ington spending because when Wash- tential worker for that company who 8 million jobs have been created in the ington goes on a spending spree, the loses out, it is the supplier and vendor course of the last 5 years. And though next thing that happens is politicians and every business partner who would the stock market has been up and down start looking to raise taxes. also have the opportunity to thrive if

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2007 CONGRESSIONAL RECORD — SENATE S11019 the conditions were better. And your Well, Mr. President, let me conclude this is a question of the fiscal policy of retirement suffers. Retirement savings with this thought. We still have chal- the United States. Congressman Nussle don’t grow; 401(k)s and pensions and lenges, obviously. We are fighting a would be quick to tell you that he has savings accounts remain stagnant and global war against Islamic extremists. been an architect of this fiscal policy. can even lose money. Even your Social It is enormously costly. But that is an- Of course, the key architect has been Security suffers because government other reason we need a strong econ- the President of the United States, but depends on economic growth for in- omy, so people have good jobs and our Mr. Nussle has been a strong ally of the creased revenues. With lower Social government has the revenue it needs to President in constructing this fiscal Security tax receipts, the date when address that conflict. policy. I believe it is a profound mis- the Social Security trust fund goes While overall inflation is extremely take for this country and one that sim- bankrupt gets even closer. low, in certain specific areas, such as ply must be changed. To send a signal, You can talk about these multiplier gasoline prices, they are too high. So I will cast my vote in opposition to the effects all day. They are very real. And we need to work on creating energy confirmation of Mr. Nussle. that is why we have to support policies independence and look at the viability Let me say, I voted to move his nom- that strengthen economic growth and of alternative fuels. We face rising ination through the Budget Com- assure that American families continue health care costs with insurance pre- mittee. I said at the time that he is to have opportunity rather than prob- miums that continue to rise. This is a clearly qualified, which he clearly is. lems. Economic growth drives higher big issue, and obviously we are working He is, after all, the former chairman of tax revenues to the State and local and on it. But Republicans know that the House Budget Committee. But this Federal Government. The economic Americans don’t want radical changes is a question of what policy do we pur- growth since the Republican tax cuts that turn our health care into some sue for the future. Congressman Nussle went into effect has led to dramatic in- kind of Washington-run bureaucratic has indicated that in fact he is proud of creases in State and Federal income government program—a one-size-fits- the policy that has been put in place. taxes. Think about it—we lowered all. We need patient-centered health That is where we profoundly disagree. I taxes on everyone, but our Federal rev- care in this country. We can debate believe this is a consequential vote, to enues to the Treasury have increased. about these specific solutions to these send a signal on what we believe the That just doesn’t happen in times of re- other problems, but without a vibrant fiscal policy of the United States cession. Just the opposite occurs— and growing economy producing more should be, going forward. there are lower tax revenues. and more wealth, any of those things Here is the record. When the Presi- Even at the local level, with schools, will be difficult to address. We can help dent came into office he inherited a for example, and cities—the roads, the solve these problems, but the last thing surplus. In fact, there was a projected police, the libraries, the parks—all of an American family needs is the eco- surplus at the time of almost $6 trillion these things depend upon collecting tax nomic policies that would result in over the next 10 years. We all know revenues. Economic growth is essential higher taxes, more spending, and all of what happened. The President turned at all levels of government. So if you the devastating consequences of eco- that into massive and record deficits, care about good schools, for example, nomic recession. in fact, the largest deficits in our his- you care about economic growth. f tory. Part of that was because the Let me talk just one more little bit President increased spending and in- about the increase in taxes because EXECUTIVE SESSION creased it rather dramatically. He in- this is one of the key factors that can creased it from $1.9 trillion a year to inhibit economic growth, and it is one NOMINATION OF JIM NUSSLE TO $2.7 trillion, almost a 50-percent in- that concerned me most about the BE DIRECTOR OF THE OFFICE OF crease. We know Iraq was one part of budget that was passed by the Demo- MANAGEMENT AND BUDGET that. He told us at the time that he en- crats. The plan, as I said, is to repeal gaged our forces in Iraq that that the 2001 and 2003 tax rate reductions— The PRESIDING OFFICER. Under would cost about $50 billion; the whole that tax relief. Every American bene- the previous order, the Senate will pro- enterprise in Iraq would cost some $50 fitted from those tax cuts, so this ceed to executive session to consider billion. Instead, we are at $567 billion would be a big mistake for two reasons. the following nomination, which the First of all, everyone received some clerk will report. and counting. He has already asked for benefit. Even those who didn’t pay The assistant legislative clerk read another $50 billion which would take us taxes received money back from the the nomination of Jim Nussle, of Iowa, over $600 billion committed to Iraq, 12 Federal Government, and we created a to be Director of the Office of Manage- times the President’s original esti- new 10-percent bracket for the very ment and Budget. mate. lowest bracket of taxpayers so they The PRESIDING OFFICER. Under At the same time that spending has wouldn’t have to pay as much in taxes. the previous order, there is now 3 hours gone up dramatically, revenues of the So it wasn’t just people at the upper of debate on the nomination, with 2 country have basically stagnated and economic stratum that benefitted. It hours equally divided between the stagnated over a 6- or 7-year period. was all Americans, including even chairman and ranking member of the Going back to 2000, you can see that some who didn’t pay taxes. Budget and Homeland Security Com- real, inflation-adjusted revenues of the Second, everyone benefitted not just mittees, and 1 hour under the control United States were just over $2 trillion. because of the specific relief they got of the Senator from Vermont, Mr. We didn’t get back to that amount but because the economy grew. It was SANDERS. until last year. This year we are antici- John F. Kennedy who said, in 1963, in Who seeks recognition? The Senator pating $2.13 trillion in real revenue. supporting the tax rate cuts that he from North Dakota is recognized. Spending is up dramatically. Real proposed at that time, that a rising Mr. CONRAD. Mr. President, we are revenue has stagnated. The result is tide lifts all boats. What he meant by now considering the nomination of deficits and debt have soared and that that was as economic growth con- Congressman Jim Nussle to be the next is precisely what has happened. Here is tinues, it helps everybody in our soci- Director of the Office of Management the debt of the United States during ety—more jobs created, wages in- and Budget. I will vote against the con- this period. We have gone from $5.8 creased, business investment increased, firmation of Mr. Nussle. I have in- trillion at the end of the first year of and money put back into the commu- formed him this morning that I would the President’s time in office to $8.9 nities. So even if we just passed the tax cast that vote. trillion in 2007. That is a stunning in- relief for lower income people, our I do not make this decision lightly. I crease in debt. economy would still be hurt. Our prior- like Jim Nussle. I worked with him Unfortunately, increasingly it is fi- ities should be about encouraging eco- when he was the House Budget Com- nanced from abroad. This is foreign nomic growth and preventing a reces- mittee chairman. We have always had holdings of U.S. debt. You can see we sion. High taxes and spending send us a good personal relationship. But this have gone from a combined total when in exactly the wrong direction. goes beyond a personal relationship; this President took over of just over $1

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The problem gap, the difference between what is mind that is a sign of strength. Owing with that is if you compare this recov- owed and what is paid, with no tax in- more countries more money doesn’t ery to the nine previous recoveries crease at all. strike me as a sign of strength. In fact, since World War II, what you see is Let me conclude by citing Treasury here is the list of the 10 top holders of dramatic underperformance. In fact, if Secretary Snow. He acknowledged the U.S. debt. Japan we now owe over $600 you look at real revenues you find we need for a bipartisan approach to solv- billion; we owe China over $400 billion; are $86 billion short of the typical re- ing long-term challenges. He said, we owe the United Kingdom almost covery since World War II. ‘‘You can’t do health care reform or $200 billion; we owe the ‘‘Oil Export- If we look at job creation, we see we Social Security reform . . . without a ers’’ $120 billion; we owe Brazil, Luxem- are lagging behind the typical recovery bipartisan consensus. If we made a mis- bourg, Hong Kong, Taiwan, South since World War II by 7.6 million pri- take, it was not approaching it in more Korea and—my favorite—the Caribbean vate sector jobs. of a bipartisan way.’’ Banking Centers. We owe them almost On real business investment, the pat- That is the former Secretary of $50 billion as of now. tern is the same. We are 63 percent be- Treasury under this administration la- I am always amused to hear our col- hind the typical recovery since World menting the fact that they were not leagues say they have done this with a War II, in terms of real business invest- sufficiently bipartisan. That is pre- tax policy that has increased the pro- ment. cisely what is needed in this town, is a gressivity of the tax system. I don’t In terms of economic growth we see more bipartisan approach to dealing know what calculation would lead to the same pattern. The real GDP aver- with the fiscal challenges facing this you that conclusion. The fact is, in 2006 age annual growth during the nine pre- country. alone, those earning over $1 million a vious business cycles, the nine previous I hope very much that this adminis- year got on average a tax cut of almost recoveries since World War II, is 3.4 tration gets the message that we need $120,000—for that year alone. Somebody percent; this recovery, a tepid 2.5 per- to change course for the fiscal future of earning less than $100,000 got less than cent. This is not an economic record our country. $700 in tax cuts. one can be proud of or be talking about I yield the floor. Again, those earning over $1 million in very positive terms because it is an The PRESIDING OFFICER. The Sen- a year—and I have nothing against peo- economic recovery that has been ator from New Hampshire. ple being successful financially. I am among the weakest of the nine major Mr. GREGG. Mr. President, I wish to all for it. I wish the success of this recoveries since World War II. rise on behalf of supporting Congress- country were more broadly shared. Here is what happens to spending man Nussle, who has been nominated That would be a good thing. That under our budget resolution. We take it to be head of OMB. I also want to would be a positive value. But I must from 20.5 percent of GDP this year thank the chairman of the Budget Sub- say our friends on the other side are in- down to 18.9 percent. This is a fiscally committee for the courteous and pro- credibly focused on helping the very responsible budget. fessional way he always proceeds in wealthiest among us, so they chose a With respect to the budget resolution bringing this nomination forward. He tax policy that gave, on average, to and the difference between it and the could have slow-walked it; he could those earning over $1 million a year a President’s plan, we have only 1 per- have held it up. He did not. I appreciate tax cut approaching $120,000 in 1 year. cent more spending than the Bush that. I know Members on our side ap- That is not my idea of broadly shared budget—1 percent. And where did that preciate that. That is the approach he tax policy, or one that is fair and equi- additional spending go? We put it into has taken as chairman; he has always table. veterans’ health care, children’s health been fair. We do appreciate that very In fact, we know the cost of the and education. Those ought to be the much. President’s tax cuts for 2007 alone, ac- priorities for this country—to take I would note that in his closing state- cording to the Congressional Budget care of the veterans to whom we made ment, he called for bipartisanship. It Office, is $205 billion. That is more a promise when we sent them off to was a bipartisan act on his part to re- than the projected deficit. So for this war that they would be cared for. This port Mr. Nussle out. It would even be year the President’s tax cuts that go administration did not ask for suffi- more of a bipartisan act if he voted for overwhelmingly to the most wealthy cient resources to keep that promise. Mr. Nussle. That would be truly a bi- among us are totally and completely We did. partisan act. responsible for the deficit. On children’s health care, we said we Let me note that the debate here is The President’s answer is more tax ought to begin a process of trying to not about Congressman Nussle or his cuts. Here is what we are told will hap- cover all of the children in this coun- qualifications. As chairman of the pen if the additional tax cuts the Presi- try. The administration did not agree Budget Committee in the House, he dent is seeking and the current tax with that priority, nor did they agree clearly is qualified to do this job. It is cuts are extended. The additional debt to expand the support for education the President’s prerogative to pick that will result is the red part of this that we think is required if we are whomever he wants to be OMB Direc- chart. The green part of the chart is going to keep our country No. 1. tor; it is really an in-house job, really the debt if the tax cuts expired or are With respect to overall revenues, it is an arm of the White House, and so he paid for. very interesting to look at what the has tremendous leverage in this area, I heard our colleagues on the other President called for in his budget. He in my humble opinion, latitude in this side say the budget passed by the called for $14.826 trillion in revenue. area. Democrats had big tax increases. No, it That is what he called for in his budget So really today is going to be more did not. There was no assumption of a scored by his own agency: $14.826 tril- about a debate of where the two parties tax increase of any kind in the budget lion. Our budget called for $14.828 tril- stand on economic policies. And there we passed. In fact, we had very dra- lion—virtually no difference. When are significant differences here. All we matic tax relief, tax relief for middle- they talk about the largest tax in- need to do is to return to the ‘‘scene of class taxpayers, the continuation of crease in history, they are engaging in the crime,’’ otherwise known as the the middle-class tax cuts, as well as es- a figment of their imagination. Democratic budget which passed this tate tax reform. We assumed that If you use CBO scoring for both in- Congress, a budget which dramatically things would be paid for—not with tax stead of using the President’s own increased the taxes by $900 billion, a increases but by closing tax loopholes, agency to score his own proposal, budget which dramatically increased by going after the tax gap—the dif- which I think is eminently fair—but if the spending on the discretionary side

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2007 CONGRESSIONAL RECORD — SENATE S11021 by $22 billion this year and $205 billion fined by their budget, which even they has been proven year in and year out. over the term of the budget, a budget admit increased taxes by $400 billion You get tax rates to a certain level and which did not address or even attempt over 5 years and arguably increased people simply don’t invest in taxable to address the most significant prob- them by $900 billion over 5 years. And activities. Thus, they misuse capital. It lem we have on the spending side of the where are those revenues going to is inefficiently used, so fewer jobs are ledger, which is the issue of how we come from? Well, if you listen to the created, less economic activity occurs. deal with the retirement of the baby chairman of the Budget Committee, If you increase taxes, people will invest boom generation and the programs they are just going to come from col- in a way to try to avoid paying taxes, which benefit that generation—Medi- lecting money debt, from waste and and thus the revenues to the Federal care, Social Security specifically, Med- fraud. Well, those are classic obfusca- Government will drop off. icaid to a lesser degree—and the fact tions. The simple fact is that we heard OMB, Joint Tax all estimated that that those programs are going to drain from the Revenue Commissioner. He when this capital gains cut rate was our children and our children’s chil- said he could not collect any more than put in place at 15 percent, that over a dren’s opportunities to be successful maybe $20 billion or $30 billion in addi- 5-year period there would be a $3 bil- and to have quality lifestyles because tion to the revenues we are already col- lion loss. They used a static model. the cost of those programs is going to lecting over a 5-year period; nowhere They used 1950 economics, they used simply overwhelm the next generations near $400 billion or $900 billion. Galbraith thought, Harvard thought, because we will have done nothing as a No, you have to listen to the Demo- Princeton thought on what economics result of the budget that passed this cratic Party’s leadership, not that the is, which basically says that if you just Congress under the Democratic leader- Senator from North Dakota is not one raise taxes, you get more revenues. ship to address those issues. of their leaders; he is, and he is one of They missed the Chicago school, I But before we return to that issue, their best leaders, by the way. But the think, they missed the Kennedy let me just simply highlight a few people running for President, what are school—I mean by that John Kennedy points which I think have been spun a they proposing? Well, they are pro- himself, the President—they missed little bit by the other side of the aisle, posing primarily that we eliminate the the Reagan school, which has proven which are the issues of what these tax capital gains rate which was put in by fact that when you cut taxes on pro- cuts which were put in place by this place, the dividend rate which was put ductive activity to a reasonable level, President at the beginning of his term in place. Those are the two primary you create more productive activity. have done and how the economy has places they are proposing raising reve- So instead of having a $3 billion loss of grown. nues. But they are also proposing rais- revenue over that 5-year period, which First off, as a result of these tax ing the marginal tax rate. They are was what we were told we were going cuts, in large part, and as a result of proposing the Senator LEVIN proposal, to have, we have had a $100 billion in- the economic policies of this adminis- which would require that we book all crease over the estimates over that pe- tration, we have now seen 23—I think it expenses for tax purposes. They are riod in capital gains revenue. Huge ex- is actually 24—consecutive quarters of proposing a repeal of carry interest, pansion. That is, quite honestly, why economic growth, which is a pretty which is a way that entrepreneurs in- the deficit has come down dramati- good experience for our Nation. In ad- vest and take advantage of that invest- cally. These are the numbers here. dition, we have added 8.3 million jobs— ment and generate more investment. Equally interesting—and we hear 8.3 million jobs. In fact, the mean in- They are proposing to eliminate defer- this on the other side: Well, the tax come of Americans has grown faster rals. Proposal after proposal after pro- was for wealthy people; they are the during the term of this President than posal is coming out of the Democratic ones who got the tax break. Well, yes, it did under the term of President Clin- candidates for President, almost at a that is true. But why is that? Well, it ton. is because the top 20 percent of Ameri- In addition, we have seen that reve- rate which makes your head spin. The cans pay the taxes, for a large part. nues are now exceeding the historic only thing that is coming out faster projections by significant amounts. We are proposals to spend money. And be- Eighty-five percent of American in- have seen in the last 4 years revenue lieve me, we know because in New come taxes are paid by the top 20 per- increases to the Federal Government Hampshire we are listening to all of cent—85 percent. Eighty-five percent of which have outstripped anything in our this. American income taxes are paid by the history as a percentage of growth. His- I had the fortune—good fortune, I top 20 percent of income receivers in torically, revenues to the Federal Gov- suppose, or the fortune anyway—to lis- our economy. If you are in the top 20 ernment have been about 18.2 percent ten to the Senator from New York, fol- percent, you are paying the taxes. So if of gross national product. Now they are lowed by the Senator from Ohio, fol- there is a tax reduction, you are prob- up around 18.6 percent, and they are lowed by the Senator from North Caro- ably going to get that reduction. That continuing to go up. lina, all coming to New Hampshire in is not the issue. The issue is, Are the What has caused this huge influx of sequence. I listened to all three of their top 20 percent paying a fair share? revenues to the Federal Government? speeches, and I couldn’t keep up with Well, under the Clinton administra- What has caused it is that we put in how much money they were going to tion—and I do not think anybody on place a fair tax policy which said to en- spend because they were proposing so the other side of the aisle is going to trepreneurial Americans, to working many new programs. It was like watch- argue that the Clinton administration Americans: Go out, invest, take risks, ing a whirligig. Every 10 seconds there was pro the high-income individual in make this economy grow, create jobs. would be a new program, new program, the sense of tax policy—under the Clin- As a result of saying that to American new program, followed by taxes, taxes, ton administration, 81 percent of the entrepreneurs and to working Ameri- taxes, taxes. taxes in America were borne by the top cans, we have seen this economic ex- Well, I think one thing we should 20 percent. But under the Bush admin- pansion. It is an economic expansion have learned, both from the experience istration, 85 percent of the tax burden that has not only benefited the average of President Kennedy and President of America is now borne by the top 20 American by giving them a better job Reagan and now President Bush, is percent. So the Bush administration and more jobs and a higher income rate that when you start to raise taxes on has actually made the tax laws more of growth, but it has obviously bene- those who are willing to take risks and progressive. Why is that? Human na- fited the Federal Government because invest and as a result create jobs in ture. If you create a fair tax policy, the Treasury has seen a huge influx in this economy, you slow the rate of people will pay taxes. If you have an revenues from this economic growth, growth of the economy. Why is that? It unfair tax policy, where taxes are too which has been energized in large part is human nature. You also slow the high, such as what is proposed by the by the tax cuts which were put in place rate of growth of revenues to the Fed- other side of the aisle, in the area of in the early part of this administra- eral Government. Why is that? It is dividends, capital gains, marginal tion. human nature. You raise taxes on peo- rates, expensing, carry interest, you go Now we see a policy coming forward ple and they will change their eco- on and on and on, people do tax avoid- from the other side of the aisle, as de- nomic activity to try to avoid taxes. It ance, they invest in shelters, they go

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11022 CONGRESSIONAL RECORD — SENATE September 4, 2007 out and buy cattle that do not exist or ject to pay-go, which have not been The PRESIDING OFFICER. Without subways that do not exist. That is inef- subject to pay-go—bill after bill after objection, it is so ordered. ficient for the economy, it does not bill, the worst being, of course, the Mr. DORGAN. I thank my colleagues create jobs, and it reduces revenues. SCHIP bill that was just brought out for their courtesy. What the Bush administration under- before we departed, but there are other Madam President, I sat here enor- stands, what the John Kennedy admin- ones. There is a whole series of them. I mously entertained by my friend from istration understood, what the Ronald won’t go through them; they are too New Hampshire. It was an almost unbe- Reagan administration understood, is numerous to even mention any more. lievable presentation. I will deal with a that when you create a tax policy So let’s hear no more about this pay-go couple of points in a few minutes. which is fair, high-income people pay as being a budget enforcement mecha- Let me first say we have the nomina- more taxes, and that is the way it is nism. It is a nice phrase. It was used tion in front of us of former Congress- today. aggressively by all of the people who man Nussle, who was part of the crowd There is another interesting thing ran for the Senate in the last election who early on in this administration, as about the Bush tax policy. The bottom on the Democratic side of the aisle as a new administration took shape, came 40 percent, the people in the bottom 40 the way they were going to discipline to town with their allies in Congress, percent of incomes in this country, spending around this place. It has not including Congressman Nussle, and they actually do not pay income taxes been used to discipline spending at all, said: We see at the end of the Clinton as a group. Individuals obviously do, and it won’t be in the future. administration very large, proposed, but as a group they do not pay income Now, what we are talking about here projected budget surpluses. Let’s put in taxes. Under the Clinton administra- is very simple. The budget brought for- place very large tax cuts, mostly to tion, they got 1.6 percent of benefits ward by the other side of the aisle in- wealthy Americans. back because they got the earned-in- creased taxes over what the President Some of us said: Maybe that is not come tax credit. Under the Bush ad- probably would have had to do because the conservative way to do things. ministration, they are getting almost of the AMT issue by at least $400 bil- Maybe we should wait a bit and see twice that back under the earned-in- lion, probably closer to $450 billion. It whether the actual surpluses do mate- come tax credit. So not only do you then turned around and spent those tax rialize. have the high-income people paying increases to the tune of somewhere No, no, they said. We are going to more in taxes as a percentage of the around $210 billion plus. In addition, it stick in these big tax cuts, most to total, but you have the people in the did not address entitlement spending, wealthy Americans, because that is the moderate income and lower income which is the key issue that confronts way things work. We believe in the levels actually getting more back from the United States as a nation. It did trickle down theory. the income taxes. That is called pro- nothing about disciplining our own fis- Guess what. That crowd had their gressivity. That is what you want in a cal house by putting in place proce- way. I didn’t vote for it, but they had tax system—progressivity that pro- dural mechanisms which would allow their way. Mr. Nussle, the nominee, duces revenue, revenue at historic us to discipline. chairman of the House Budget Com- rates. So this argument that we do not I find the argument that the reason mittee, the President, and others in have a reasonable tax policy in place people are going to vote against Con- the team had their way. The result, of that is generating revenues is a little gressman Nussle to be Director of the course, we all understand: A $5.6 tril- bit—it flies in the face of fact, espe- OMB because of the fiscal policies of lion projected budget surplus was cially on the issue of capital gains and this President to be a bit disingenuous. turned in to a projected deficit of $3 dividends. Is it that they don’t like 23 quarters of trillion. That is during Mr. Nussle’s Remember something else about cap- fiscal expansion and growth? Is it that time. ital gains and dividends: dispropor- they don’t like 8.5 million new jobs? Is There was actually one person in the tionate benefiters from the capital it that they don’t like revenues being crowd who didn’t go along with it. He gains rate and dividend rate are sen- at an historic increase over the last 4 got fired. His name was Paul O’Neill. iors. It is seniors who have capital years and now being up to about 18.7 Paul O’Neill said he tried to warn the gains income as they sell their homes percent of gross national product, administration that the growing budg- in which they have lived all of their which exceeds the norm? Is it that they et deficits expected to top hundreds of lives and move on to some other life- don’t like the fact that seniors now billions of dollars posed a threat to the style; it is seniors who have dividend have a reasonable tax rate on their economy. The Vice President, Mr. CHE- income because they have fixed in- capital gains and a reasonable tax rate NEY, said, quoting from the book that comes and they have left their earning on their dividends? It must be because was written about this: jobs. So when these folks on the other that is the economic policy they are You know, Paul, Reagan proves that defi- side of the aisle who are being spoken claiming has not worked and isn’t ap- cits don’t matter. for by their leadership who are running propriate and, therefore, they are going That is the crowd we are talking to vote in protest against Congressman for President call for a dividend in- about, deficits don’t matter. That Nussle. crease and the capital gains increase, comes from the Vice President, but it In my view, I hope Congressman could have come from the nominee be- they are calling for an increase of taxes Nussle continues these policies. I hope fore us because it is all part of the on our seniors, no doubt about that. the President will move down the road Now, there have been some other ar- of fiscal discipline and will continue to same crowd, believing in the same guments made here, returning to the give us a tax policy which is fair, bal- thing. scene of the crime, as I said, the Demo- It is fascinating to me that the pre- anced, reduces revenue for the Federal cratic budget. There has been a claim vious speaker talked about how won- Government, gives entrepreneurs a rea- that they used pay-go as a way to dis- derful things are going. This economic son to go out there and work and take cipline spending around this place. engine of ours is purring just fine. I risks and thus create jobs for Ameri- Pay-go. Pay-go. ‘‘Swiss-cheese-go’’ cans and giant revenue increases for guess it is, if you live in the right should be the term, ‘‘Swiss-cheese-go.’’ the Government. neighborhood and drive the right vehi- Every time they have a spending pro- I yield the floor and reserve the bal- cle. A whole lot of folks got up this gram around here that they want to ance of our time. morning to work hard all day, struggle spend money on, pay-go disappears. The PRESIDING OFFICER (Mrs. to pay their bills. They are the kind of Where did it go? I do not know where it MCCASKILL). The Senator from North people who know about seconds. They went. Maybe it went under this desk Dakota. know about second shifts, second job, somewhere. Maybe it is under this Mr. CONRAD. At this point, I yield 8 second hand, second mortgage, and desk. But it is not around here when- minutes to the Senator from North Da- they take second place every single day ever we are trying to spend money. kota. when we have this debate on the Sen- There is no enforcement. Look at these Mr. DORGAN. I ask unanimous con- ate floor by people such as my col- bills which have been brought out just sent that following my presentation, league who said things are going well this year which should have been sub- Senator SANDERS be recognized. for everybody.

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2007 CONGRESSIONAL RECORD — SENATE S11023 Let me describe what we have in our a hard day’s work, they don’t have it bipartisan basis on critical issues such Tax Code. The second wealthiest man quite so good. The fact is, they are the as fixing health care, the premier do- in the world, Mr. Warren Buffett, a ones who pay the bills, pay taxes, mestic issue of our time. He cannot do man I greatly admire, said he thinks struggle to make ends meet. that job without bipartisanship. our Tax Code doesn’t work at all. He Talk about creating jobs in these I suggest there are several opportuni- said: If this is class war, my side is years. The job creation is anemic with ties for just that. Senator BAUCUS, Sen- winning. The second richest man in the this administration. Take a look at the ator GRASSLEY, Senator ROCKEFELLER, world says he pays a lower income tax number of jobs created over the years and Senator HATCH have worked hard rate than the receptionist in his office. of this administration and evaluate to expand coverage for our Nation’s He thinks that is wrong. So do I. Why? what we needed to create to keep pace. youngsters. The administration has in- Because my colleague is describing his We are not anywhere close to that. dicated they would veto that legisla- philosophy. We need to reward invest- Finally, all this debt that has been tion. I hope if Jim Nussle is confirmed ment. racked up by this crowd with this fiscal as the head of the Office of Manage- How about rewarding work for a policy, guess who holds a substantial ment and Budget, he will be a voice for change? The philosophy on the other amount of that debt. We borrow money bringing all sides together and bringing side is, let’s exempt income from in- from China and Japan to finance a war together all sides quickly to get that vestment and tax work. Why is work in Iraq. That is unbelievable to me. legislation passed and provide addi- less worthy than investment? Tell me. From my standpoint, I don’t intend tional protection for our youngsters. If You think this works well. You believe to vote for this nominee. It is not so that is accomplished, then it would be this system this crowd has put to- much about this nominee. I generally possible late this fall to move on to gether makes sense? When the second vote for a President’s choices for the broader legislation to fix health care. I richest man in the world says: By the Cabinet. But in this case, it is time for and Senator BENNETT, in the first bi- way, this system allows me to pay a us to decide to send a message, a mes- partisan health reform bill brought to lower tax rate than the receptionist in sage the American people already un- the Senate in more than 13 years, have my office, are you proud of that? That derstand: This fiscal policy doesn’t proposed legislation, which has also is what you are bragging about? work. This fiscal policy is built on a been sponsored by Senators NELSON, And spending, I keep seeing the dis- foundation of quicksand. We already GREGG, and ALEXANDER, that addresses jointed fingers point to the Democratic know the result. We see it year after other key issues such as the Tax Code side on spending. There is no one who year after year. in American health care. has proposed more spending in the his- I intend to vote against this nomi- The Tax Code today disproportion- tory of this country than the Bush ad- nee. My hope is that, perhaps through ately favors the richest and promotes ministration. Certainly, no one has this debate, we will decide there is a inefficiency at the same time. We have proposed higher and larger deficits in better fiscal policy, one that requires largely sick care in America, not the history of this country than this responsibility. health care. Medicare Part A will pay administration. So it is a little tired I yield the floor. thousands for seniors’ hospital bills, for us to hear about big spending. No The PRESIDING OFFICER. The Sen- and then Medicare Part B will pay one can match the big spending habits ator from North Dakota. hardly anything for prevention. of this administration. Mr. CONRAD. Madam President, I The administration would have the One more point: We have in front of ask unanimous consent that we now go opportunity to work with Democrats us in this Chamber a $145 billion pro- to Senator WYDEN for 8 minutes, fol- and Republicans on a bipartisan basis posal for additional emergency funds lowed by Senator COLLINS for 10 min- to fix health care if someone such as for the Department of Defense for Iraq utes, Senator LIEBERMAN for 10 min- Jim Nussle, confirmed as the head of and Afghanistan. We read in the paper utes, and then to Senator SANDERS for Office of Management and Budget, recently there is another $50 billion ex- his time. wanted to change course with the ad- pected on the way which means there The PRESIDING OFFICER. Without ministration’s previous priorities. will be in front of us $195 billion in re- objection, it is so ordered. In his hearing in the Budget Com- quested funding by this President for The Senator from Oregon. mittee, I noted Jim Nussle was inter- the war in Iraq and Afghanistan. Inci- Mr. WYDEN. Madam President, a ested in a number of key domestic dentally, he proposes it all be judged as week ago there was a Government re- issues in working for reforms. In my an emergency so none of it has to be port that said more about what is fair flat tax legislation, for example, paid for. So we will continue to send ahead for the Federal budget than any- we take away the discrimination soldiers to war and then ask them to thing else. The Census Bureau reported against work in the Tax Code. Jim come back to pay down the debt be- a moral abomination. Here in the rich- Nussle indicated he would be willing to cause we didn’t as a country decide to est country on Earth, more than 2 mil- work on tax reform and maybe can do it. This President didn’t want to do lion additional Americans are without convince an administration that has it. This President said: I want all of health insurance. With many more citi- not given the issue the time of day to that money on an emergency basis. zens one health premium rate hike get back to it. Talk about a fiscal policy that is out of away from joining the ranks of the un- So it is my hope, having voted for the balance, one that lacks values, one insured, the next Director of the Office nominee in the committee because he that I think shortchanges American of Management and Budget must face pledged he would work on bipartisan workers, one that certainly short- up to a stark fact. America’s dysfunc- issues such as health care and tax re- changes this country’s future—this is tional health care system, with its ris- form, to give him that opportunity. I the policy. ing costs, hefty increases in chronic ill- have disagreed and disagreed pro- The fact is, this nominee is a signifi- ness and unique hardship for employ- foundly with the administration’s pri- cant part of the engine for that policy. ers, will drive the future of Medicare, orities, particularly as they relate to He served as chairman of the House Medicaid, and Social Security, our health care and taxes. It has been my Budget Committee for 6 years during largest domestic Government pro- sense—because in the Senate if you the period of the origination of this grams. want to get anything done that is im- policy. Three of those 6 years they At his confirmation hearing, the portant, it has to be bipartisan—we couldn’t even get a budget together. Washington Post reported that Jim need individuals to step up and say Three of those years had the highest Nussle repeatedly said how honored he they are going to try to bring both budget deficits in history, and we still would be to continue to discuss the sides together. My colleagues have hear people bragging about the content issues raised that morning. My mes- mentioned that has not been the of that fiscal policy? Are they kidding? sage today for the nominee is straight- record, unfortunately, of Congressman It is unbelievable. It is, I suppose, be- forward. If Jim Nussle wants the posi- Nussle in the past. But he told us at his cause we all get up and shower in the tion of director of OMB to be more confirmation hearing on key domestic morning before putting suits on. Those than an honorary title, he is going to issues—the domestic issues that are people who shower in the evening after have to work with the Congress on a going to drive the future of America’s

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11024 CONGRESSIONAL RECORD — SENATE September 4, 2007 economy—he would be willing to work As the Presiding Officer understands strengthening the workforce, and im- in a bipartisan kind of way. We have better than many people, budgets, of proving transparency and account- given him that opportunity. We have course, are not the only concern of the ability.’’ I view this response by Con- given him that opportunity on the Office of Management and Budget. gressman Nussle as an encouraging CHIP legislation, with four Senators OMB also assists the President in de- sign of a shared viewpoint on the need working in a bipartisan way to help veloping and executing policies and to improve performance in an area that America’s youngsters. Senator BEN- programs. In particular, OMB is in- accounts for more than $400 billion a NETT and I and Senators ALEXANDER volved with legislative, regulatory, year in spending. and GREGG and NELSON are giving that procurement, e-government, and man- I was, however, less heartened by opportunity for broader health care re- agement issues. It is not only a locus of Congressman Nussle’s responses to form as well. authority within the executive branch questions about the Department of My hope is Jim Nussle will do what but also a critical interface between Homeland Security’s grants for State he pledged to do in his confirmation the President and Congress, helping to and local programs, for assistance to hearing, which is to work with both set direction for the mechanisms of firefighters, and for emergency man- sides of the aisle so we do not waste an- Government. agement performance. These programs other 2 years. That is really the alter- As Director of OMB, Congressman face great cuts under the budget pro- native—just to say we are pretty much Nussle would have great influence on a posed by the administration. Fortu- done until after the next election. Sen- number of important policy issues nately, we have acted to reject some of ator BENNETT and I do not want to do aside from helping to formulate and those proposed cuts and to respond in a that on fixing American health care. present the President’s budget. more appropriate way. We have Senators who do not want to One of these critical issues is the The DHS defense of these proposed do that on the CHIP legislation. Be- amount of waste and the lack of effec- cuts noted that substantial unexpended cause it is my hope Jim Nussle will try tive oversight in Federal contracting. funds from prior years are still ‘‘in the to work in a bipartisan way on these The committee which I was privileged pipeline.’’ Congressman Nussle appears issues, I intend to vote for the nominee to chair and now am the ranking mem- to share the DHS view that this factor this afternoon. ber of, with Senator LIEBERMAN as our mitigates proposed budget cuts. As the Madam President, I yield the floor. chairman, held extensive hearings last National Governors Association has The PRESIDING OFFICER. The Sen- year on the disaster responses on the pointed out, however, planning and co- ator from Maine. Ms. COLLINS. Madam President, I gulf coast and also on contracting op- ordination to deal with new grants and rise in support of the nomination of erations in Iraq and Afghanistan. We the procurement process all take time, Congressman Jim Nussle to serve as found the problems of waste, fraud, and so that not every granted dollar can be the Director of the Office of Manage- abuse in Federal contracting are enor- swiftly committed. The Governors fur- ment and Budget. mous. Here are just a few examples: ther note that States are, in fact, The Congressman served his Iowa dis- We found that trailers bought to meeting statutory deadlines for obli- trict in the House through eight Con- shelter disaster victims following Hur- gating and expending funds. gresses, chairing the House Budget ricanes Katrina and Rita were Homeland security grants are a crit- Committee for the last three. During undeployable in the areas where they ical factor in strengthening the Na- that time and in his testimony before were most needed. tion’s security. These funds allow both the Budget Committee and the We found repeated pipeline-laying at- States and localities to fund planning, Homeland Security and Governmental tempts in Iraq used techniques un- equipment, training, and exercises to Affairs Committee, the Congressman suited to the terrain. We found prob- prevent terrorist attacks; support in- demonstrated an encyclopedic grasp of lems in Iraq and Afghanistan, such as telligence gathering and information the Federal budget, skill in the legisla- $2.3 million in contracts for the Bab- sharing through fusion centers; estab- tive process, and an understanding of ylon Police Academy in Iraq which was lish interoperable communications sys- the importance of good relationships spent unnecessarily or without proper tems; prepare for mass-casualty inci- between the executive branch and Con- accounting and schools built in Af- dents; and expand citizen involvement gress. ghanistan that collapsed under the in all-hazards emergency preparedness. A spirit of cooperation has seldom weight of the first snow. I would encourage the Congressman, been so needed as it is right now. Much Unfortunately, the examples of poor should he be confirmed—and I hope he unfinished work on the appropriations process and outrageous outcomes in will be—to reexamine the facts and fig- bills awaits us. Before the end of next our contracting system are legion, and ures on homeland security grants, par- year, the work of transitioning to a they are not confined to disaster re- ticularly as we move into a new budget new administration will begin. Regard- sponse or operations in Iraq and Af- cycle for fiscal year 2008. States and less of which party occupies the White ghanistan. That is why several of us on communities must receive adequate as- House, America will have moved stead- the committee—Senators LIEBERMAN, sistance to conduct their critical roles ily closer to a looming fiscal crisis as AKAKA, CARPER, COLEMAN, MCCASKILL in helping to prevent terrorist attacks baby boom demographics collide with and I—have joined in authoring legisla- and respond to emergencies of all unfunded entitlement obligations. De- tion to improve our procurement sys- types. vising a fiscal policy that will honor tem to obtain better value for tax- Turning from budget to management our commitments and meet vital needs payers’ dollars. I am hopeful our legis- issues, I was also interested in Con- without throttling economic growth lation, which was reported favorably gressman Nussle’s views on Federal will be a huge challenge for the Federal by the committee on August 1, will agency performance as measured by Government. I believe Congressman soon be taken up by the full Senate. It the President’s Management Score- Nussle can help us meet that challenge. would increase competition, trans- card. For most agencies, the weak spot With his blend of knowledge, experi- parency, and accountability in Govern- is financial management. Indeed, poor ence, and personal engagement—he ment contracting and address the crit- financial management hobbles overall told our committee in July: ‘‘I love the ical shortage of qualified Government planning, management efforts, and the budget’’—Congressman Nussle can help procurement personnel. wise use of taxpayers’ dollars in far too us define issues, illuminate choices, This issue is obviously a high pri- many agencies. At a time when making and debate decisions. His endorsements ority for me, and I am encouraged by good use of every tax dollar is critical, by Senator TOM HARKIN and by House the Congressman’s responses to my it is simply intolerable for any agency Democratic Budget Committee Chair- questions. They demonstrate his com- to be unable to track how, when, for man SPRATT, as well as the over- mitment to working to resolve the con- what purpose, and with what result it whelming votes he received from both cerns many of us have about wasteful spends the taxpayers’ money. the Budget Committee and the Home- spending in Government contracting. In March of 2007, the OMB scorecard land Security Committee, demonstrate He spoke of ‘‘a broad range of issues showed that 14 of 26 agencies received a bipartisan consensus for this nomi- that are in need of careful attention, unsatisfactory marks in financial per- nee. including enhancing competition, formance. But here is what is perhaps

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2007 CONGRESSIONAL RECORD — SENATE S11025 most ironic and most troubling: OMB sponsibility under the advice and con- under threat of terrorist attack here at itself, to my dismay, had the worst rat- sent clause, Do I conclude this indi- home. Resources for our homeland se- ings of any agency surveyed, receiving vidual whom the President has nomi- curity and for our first responders unsatisfactory scores in four out of five nated is within an acceptable range for must be sufficient—more sufficient, I areas. the particular job for which he has would add, in joining with Senator While noting various agencies’ im- been nominated? On that basis, I have COLLINS on this—than the administra- provements in issuing timely financial reached a conclusion that I will vote to tion has provided to date, to allow our statements, reducing auditor-identified support Congressman Nussle’s nomina- first responders and homeland protec- weaknesses, and obtaining clean audit tion. tors to do the jobs we expect them to opinions, Congressman Nussle told us, I speak in my individual capacity, do for us with the proper equipment ‘‘We should not be satisfied if any Fed- but I also obviously am honored to be and the proper training. We are a na- eral agency has unsatisfactory finan- the chair of the Homeland Security and tion with an aging infrastructure. The cial performance.’’ Indeed, we shall Governmental Affairs Committee, and Minneapolis bridge collapse last month not. will note for the RECORD that there was a clear warning that we cannot ig- I would note that Congressman were no negative votes in our com- nore the highway and transportation Nussle told our committee that he con- mittee on this nomination, and there systems that move people and com- siders OMB’s management-scorecard was one abstention. merce in our dynamic and complex so- rankings as ‘‘unacceptably low’’ and he This nomination would be a signifi- ciety. We have children going to has pledged to work to improve them cant one no matter when it came be- schools across this country who depend as Director of OMB. I welcome that fore the Senate for a vote, because the on the investment the Federal Govern- commitment, not simply because OMB Office of Management and Budget is a ment makes in their education. We should stand as an example to other ex- very significant and powerful office in have senior citizens who depend on the ecutive branch agencies but also be- our Government. But fate brings Mr. Federal Government to not only pro- cause its critical work with those agen- Nussle’s nomination before us at a very tect their security but to provide a de- cies and with Congress demands high important and challenging fiscal time cent minimum standard of living in so many different ways for them in their levels of efficiency and effectiveness. in Washington and for our country. The Madam President, I conclude by say- fact is that in less than a month, Con- senior years. These are just a few of ing that the Homeland Security and gress must enact 12 appropriations bills the obligations we have to meet for our Nation and for our future. Governmental Affairs Committee did to fund the vital functions of the Fed- That is why it is so critical that on an in-depth review of the Congress- eral Government for the fiscal year be- both ends of Pennsylvania Avenue, we man’s qualifications and experience ginning October 1. We have much work come to this budget and appropriations and background for this important po- ahead of us. It is difficult work, and it task in the coming weeks with a sense sition. We grilled him on a whole range has been complicated by the numerous of good faith and shared values as of issues: on matters ranging from pay- veto threats emerging from the White Americans who care about our future go principles and the alternative min- House about these appropriations bills. and our people. We cannot meet these imum tax to low-income heating as- Some, as the Chair well knows, have obligations with confrontation or dead- sistance, to an issue of particular con- even speculated that the ensuing con- lock. cern to my constituents, and that is frontation will lead yet again to a Let me be specific about this. The the funding of Navy shipbuilding. shutdown of parts of the Federal Gov- key difference between Congress’s fis- While many policy disagreements will ernment. I hope not, because no one cal year 2008 budget plan and President naturally arise in any such discussion, gains from such stalemate and such Bush’s plan is the discretionary spend- I believe there was broad agreement shutdowns. ing level. Congress established a level within our committee that Congress- To meet our obligations to the Amer- of $953 billion. The President set his man Nussle has demonstrated, both in ican people, in this, as in so much else, level at $933 billion. That is a $20 bil- his long service in the House and in the we must reach across the partisan di- lion difference. Now, $20 billion is a nomination process, that he is well in- vide—as voters have so often made very significant amount of money, but formed on the issues, highly qualified clear they want us to do. In this case, it represents only 2 percent of all dis- for the position, alert to other points that means we must have a new Direc- cretionary spending of the Federal of view, and will work closely with tor of OMB who is not just competent Government as proposed for the com- Congress as we tackle the enormous but who is constructive. He must be a ing fiscal year, and it represents less fiscal challenges facing this Nation. consensus builder, a willing partner than 1 percent of all Federal expendi- I believe Congressman Nussle would with Congress, a mediator between the tures. In other words, as a percentage be an effective Director of the Office of executive and legislative branches, of the budget we are dealing with, the Management and Budget, and I urge working to solve problems and to ac- enormous budget we are dealing with, my colleagues to support his nomina- commodate legitimate differences of this is a difference—less than 1 per- tion. opinion. He must be a fiscal expert, but cent—that reasonable people sharing a Thank you, Madam President. he must in the weeks ahead also be a loyalty to our country ought to be able The PRESIDING OFFICER. The Sen- statesman. to resolve. It is not a difference that ator from Connecticut. I support this nomination of Con- merits—2 percent, 1 percent—not a dif- Mr. LIEBERMAN. Madam President, gressman Nussle, but I do so with the ference that merits a shutdown of the I rise today to express my intention to understanding that the Congressman U.S. Government in whole or in part. It support the nomination of Congress- will have to exercise the full measure is a difference that can and must be man Jim Nussle as the next Director of of his diplomatic skills at both ends of bridged by people who understand the the Office of Management and Budget. Pennsylvania Avenue to help bring the budget process and are willing to forge I do so because Congressman Nussle, fiscal year 2008 budget and appropria- consensus in the public interest. in my judgment, falls comfortably tions process to a satisfactory conclu- Congressman Nussle has considerable within the standard I have set as I have sion. There is a lot on the line in our experience in budgetary matters, hav- had the honor to dispatch my responsi- achieving that end in a responsible and ing served as chairman of the House bility under the advice and consent appropriate way. The Nation counts on Budget Committee from 2001 through clause of the Constitution. To state it it, but a lot of individual citizens of 2006 and on the House Ways and Means in nonconstitutional terms, I have al- our Government who rely either on the Committee. During his confirmation ways felt the standard I should apply is security the Government provides or hearing before the Homeland Security not whether I would present this nomi- the services the Government provides and Governmental Affairs Committee, nee to the Senate—because under the count on us as well. I asked Congressman Nussle if he Constitution that is not the Senate’s We are a nation at war. Our soldiers would be willing to advise President responsibility; it is the President’s au- in the field need critical funding to en- Bush to remain open to compromise on thority and responsibility—the ques- sure their safety and the success of spending levels to avoid a govern- tion would be, in dispatching my re- their mission. We are a nation still mental shutdown. Congressman Nussle

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11026 CONGRESSIONAL RECORD — SENATE September 4, 2007 responded: ‘‘I will remain open and I about $219 billion a year to $415 billion, tion of former Congressman Jim Nussle need to remain open.’’ an astounding 89-percent increase. Yet to become OMB Director and I voted That is part of the reason why I the number of Federal acquisition spe- against his confirmation at the com- voted to report Congressman Nussle’s cialists—the people who negotiate and mittee level. nomination out of committee favor- oversee the contracts for this $415 bil- The reason I did that is not because ably. I repeat what I said at the begin- lion—these people in number have I have any personal animus toward Mr. ning: Based on his experience, based on dropped dramatically. This is over a Nussle. I have known Jim Nussle for his intelligence he is comfortably with- significant period of downsizing of the over 16 years. We served in the House in the range, in my judgment, of people workforce in the 1990s and a small de- together, and I like him. So this is not who can serve as Director of the Office crease in the last 6 years in response to personal. The reason I strongly oppose of Management and Budget, and he is an enormous increase in contracting. Mr. Nussle becoming the Director of the person whom President Bush has The numbers are particularly striking the Office of Management and Budget set before us. But I will say that to me, at the Department of Defense where has, in fact, little to do with Mr. it is critically important that Con- the workforce has declined by nearly 50 Nussle and everything to do with the gressman Nussle keep the promise he percent since the mid 1990s. Govern- failed economic policies of the Bush ad- made to our committee—that he will mentwide, the workforce is about to ministration. do everything in his power as the next shrink even further if nothing is done, The problem is, the President and his Director of the Office of Management since roughly half the current Federal advisers have become increasingly iso- and Budget to avoid confrontation as acquisition workforce is eligible to re- lated and out of touch with the eco- we proceed to fund the Federal Govern- tire within the next 4 years. So it is nomic realities facing ordinary Ameri- ment and its operations for 2008. imperative that Congressman Nussle, if cans. The simple truth is that the mid- Madam President, I ask unanimous confirmed, pay particular attention to dle class continues to shrink, poverty consent for up to an additional 5 min- this challenge: Federal Government has increased over the last 6 years, the utes, which I hope I will not use, from buying, contracting, which involves gap between the rich and everyone else the time that has been allocated to me. more than $400 billion of taxpayers’ is growing wider, and millions of Amer- The PRESIDING OFFICER. Is there hard-earned dollars. icans are working longer hours for objection? Without objection, it is so Let me conclude by saying some of lower wages. Meanwhile, in the midst ordered. what has been said in brief. I have had of all of this, President Bush continues Mr. LIEBERMAN. I thank the Chair. serious concerns about how budget re- to tell the American people day after Achieving compromise on the fiscal sponsibilities have been dealt with by day how great and how wonderful the year 2008 appropriations bills is only the administration over the last 61⁄2 economy is doing. This is an insult to one of the OMB Director’s many crit- years. While I understand that the next American workers and is something ical responsibilities. He also has to Director will not begin with a blank that should end, and end now. help the President prepare and execute slate, his performance will be judged by This President needs an OMB Direc- the budget for the following year how well he comes to grips with some tor who can provide a sense of reality across 14 Cabinet departments and of these inherited problems. The next with regard to the economic conditions more than 100 executive agencies, OMB Director will likely be President facing ordinary Americans and not boards, and commissions. The Director Bush’s last OMB Director. He will have continue to perpetrate a false mythol- recommends where every taxpayer dol- the opportunity to craft policy that ogy. That is what this debate is all lar is spent, oversees how each agen- will be a lasting legacy, and let’s hope about. Year after year, President Bush, cy’s programs are managed, and re- it is a lasting legacy of responsibility members of his administration, and his views vital roles for public health, and fairness. I urge that if confirmed, advisers, in almost an Orwellian sense, worker safety, and environmental pro- Congressman Nussle take a long view have sounded like a broken record on tection. of that legacy and work to achieve the economy. They have told the The OMB Director is also the chief both the fiscal soundness and fairness American people over and over again management officer of the Federal that has too often been absent from that the economy—I am now going to Government—the largest entity of this this administration’s record to date. use quotes that come directly from the kind, or any kind, in the world today— For the past several years, we have President and his administration—is overseeing how agencies conduct pro- wrestled with politics and partisan ‘‘strong and getting stronger.’’ The curement, handle their finances, man- confrontation here in Washington, and economy is ‘‘thriving.’’ The economy is age information technology, and carry generally speaking, not only have all of us lost, but more importantly, the ‘‘robust.’’ The economy is ‘‘vibrant.’’ out their operations. The numbers American people and the public inter- The economy is ‘‘solid.’’ The economy here—and I want to pause for a mo- est have lost. As the 2008 election sea- is ‘‘booming.’’ The economy is ‘‘power- ment to stress the ‘‘M’’ part of OMB— son shifts now into high gear, we can- ful.’’ The economy is ‘‘fantastic.’’ The the management part, which is often not let that increasingly partisan envi- economy is ‘‘amazing.’’ The economy is overlooked because it is the budget— ronment culminate in fiscal and gov- ‘‘just marvelous.’’ the budgeting—that is the most pub- ernmental chaos. To meet our obliga- Those are quotes that come from the licly visible. The numbers here are tions, we must work together as voters President, his administration, and his startling and, I would add, disturbing demand for the greater good of our advisers. That is what the President and demand our attention and will, if country. Jim Nussle will have a great and his administration are telling the confirmed, demand Congressman opportunity and an equally great re- American people. Nussle’s attention. Government spend- sponsibility to see to it that we do Now, let’s look at reality. How can ing on contracts has exploded, while that. President Bush and his advisers claim the trained workforce that oversees I thank the Chair and I yield the that this economy is robust when near- them has shrunk. This has already floor. ly 5 million Americans have slipped caused widely publicized and, I would The PRESIDING OFFICER. Under into poverty since the year 2000, in- add, infuriating examples of waste, and the previous order, the Senator from cluding over 1 million children? We the problem will only worsen in the Vermont is recognized. hear a lot about family values in Wash- years ahead if we don’t act to better Mr. SANDERS. Madam President, let ington, and I hope when people talk protect taxpayer dollars spent on Fed- me begin by thanking the majority about family values, they are talking eral Government contracting. leader, Senator REID, and Budget about our kids, the weakest and most Consider this: The U.S. Government Chairman KENT CONRAD for their vulnerable people in our society. is the largest buyer of goods and serv- strong statements in opposition to the How can a significant increase in ices in the world. I repeat: The U.S. Nussle nomination. I think that is the poverty since Bush has been President Government is the largest buyer of right position, and I appreciate them among our children occur at the same goods and services in the world. Be- speaking out on it. time as he describes this economy as tween 2000 and 2006, spending on Gov- As a member of the Budget Com- ‘‘robust’’? This is absurd. This is in- ernment contracts has grown from mittee, I placed a hold on the nomina- sulting.

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2007 CONGRESSIONAL RECORD — SENATE S11027 How can the President and his advis- thousands of dollars in debt. Does this ican families, and that we need an OMB ers claim the economy is vibrant when sound like a booming economy to you? Director and an economic adviser who the median income for working-age Well, tell that to the young people in will make this President understand families has declined by about $2,400 this country who can no longer afford what the ordinary American family is since President Bush has been in of- to go to college. Tell them about how going through. fice? The reality is, from 2001 through the economy is ‘‘booming.’’ Let me give you an example of why 2005, the bottom 90 percent of house- How can the President of the United we desperately need an OMB Director holds experienced a 4.2-percent decline States and his advisers claim that our who can do this. While the President of in their market-based incomes, rep- economy is ‘‘fantastic’’ when home the United States and his advisers tell resenting a loss of over $1,200 per foreclosures are now the highest on us how ‘‘robust’’ and how ‘‘vibrant’’ household on average. How does that record, turning the American dream of and how ‘‘strong’’ the American econ- sound like a vibrant economy? home ownership into an American omy is, well, the people of our country, Madam President, how can the Presi- nightmare for millions of families? the people who live in that economy, dent of the United States and his advis- How can the President and his eco- the people who work in that economy ers claim that ‘‘the economy is strong nomic advisers claim that the economy have a different perception of reality and getting stronger,’’ when the per- is ‘‘powerful’’ when the number of than the gentleman in the Oval Office. sonal savings rate has been below zero working families paying more than In a Wall Street Journal/NBC News for eight consecutive quarters—some- half of their limited incomes on hous- poll, published last month, more than thing that has not occurred since the ing has decreased by 72 percent since two-thirds of the American people said Great Depression? What this means is, 1997? So you have people working hard, they believe the U.S. economy is either with increased energy costs, increased 50, 60 hours a week and, because of the in recession now or will be in recession health care costs, increased education high cost of housing and their limited next year. That is what the American costs, and other increased expenses, incomes, they are spending more than people are saying, the people who are the average American is now spending 50 percent of what they earn on hous- living the economy. They are saying more money than he or she is earning. ing. that despite the daily assertions of More money is going out than is com- How can the President of the United President Bush and his advisers. Fur- ing in. In other words, people are going States and his economic advisers claim ther, 72 percent of Americans surveyed deeper and deeper into debt. This that our economy is ‘‘the envy of the in a mid-August Gallup poll said the doesn’t sound to me like an economy world’’ when the U.S. has the highest economy was ‘‘getting worse.’’ That is that is ‘‘strong and getting stronger.’’ rate of childhood poverty, the highest the most pessimistic outlook on the How can the President and his advis- infant mortality rate among major economy since Gallup began asking ers claim that the economy is countries, the highest overall poverty that question in the early 1990s. ‘‘healthy’’—that is another word they rate, the largest gap between the rich Madam President, we have a real dis- have used—when 8.6 million Americans and the poor, and we remain the only connect. We have a situation in which have lost their health insurance since country in the industrialized world the American people are experiencing a the year 2000, and a record-breaking 47 that does not guarantee health care to certain reality, telling us about a cer- million Americans are uninsured, with all people through a national health tain reality, and a President who is liv- millions more underinsured? That care program? How is that economy ing in a very different world. doesn’t sound too healthy to me. All the ‘‘envy of the world’’? The President keeps telling us how over this country we find workers who How can the President and his advis- great the economy is doing, but the are losing their health insurance. We ers claim that the economy is ‘‘amaz- American people who work every day, find people who are paying more and ing’’ when we have lost over 3 million who pay their bills every month, who more for, in many instances, inferior good-paying manufacturing jobs since are trying to provide health care for coverage, and you have a President out the year 2000, mainly due to our record- their families and a college education there saying this economy is breaking $765 billion trade deficit? for their kids are not buying it. In ‘‘healthy.’’ Well, I am sure many of Well, tell workers in the State of other words, the people who are living those people who just lost their health Vermont and all over this country in this economy have a very different insurance this last year would be quite about how amazing the economy is perspective on reality than does this surprised to find that this economy is when their plants are shut down, when President and his advisers, and that ‘‘healthy.’’ their jobs go to China, and when, if creates a very dangerous situation How can this President and his advis- they are lucky enough to find a new which must be corrected by an OMB ers claim that the economy is ‘‘thriv- job, in most cases that job will pay Director who lives in the real world ing,’’ when, according to the U.S. De- substantially less than the job they and who can give this President some partment of Agriculture, 35 million used to have. Tell the white-collar in- real-world advice. Americans in our country struggled to formation technology workers whose What people understand in their guts put food on the table last year, and the jobs are going to India how ‘‘fantastic’’ and what they fear the most is that if number of the hungriest Americans the economy is, when their new jobs economic trends continue along the keeps going up? How do you have an pay less than the jobs they used to same path they have been going for the economy that is thriving when more have. last many years, we will see for the and more people are hungry and when How can this President and his eco- first time in the modern history of this millions of our fellow citizens have a nomic advisers claim the economy is country that our kids, the next genera- difficult time putting food on the ‘‘vibrant’’ when the number of college tion, will have a lower standard of liv- table? This is not a thriving economy. graduates earning poverty-level wages ing than we do. Hunger in America is a national dis- has more than doubled over the past 15 What the American dream has al- grace. years? ways been and what my family, which Madam President, how can the Presi- My goal this afternoon is not to en- never had much money, experienced dent of the United States and his advis- gage in a major debate on the economy and what millions of American families ers claim that our economy is ‘‘boom- or what proposals we need to improve have experienced is that if you work ing’’—that is another word they have the economic life of working people. hard and you save your money, your used—when college students today are That is an enormously important de- children will have a better economic graduating deeper and deeper in debt, bate and one that I hope we have soon- life, more opportunities than you do. with the average student now owing er than later, but it is not really to- That is what every parent’s dream is: $20,000 upon graduation. Even more dis- day’s debate. My goal today, and the That their kids will do better than turbing, some 400,000 qualified high reason I put a hold on the Nussle nomi- they did. school students don’t go to college in nation, is simply to make the point But I am afraid this American dream the first place because they cannot af- that the Bush administration is com- is rapidly disappearing. I am afraid ford it and because they do not want to pletely out of touch with the economic that with so many American families, come out of school tens and tens of reality facing tens of millions of Amer- the American dream has become an

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11028 CONGRESSIONAL RECORD — SENATE September 4, 2007 American nightmare. To cite one who now make over 350 times what worth of the wealthiest 400 Americans source—and there are many others—a their workers make, if you look at the increased by $120 billion last year to recent joint study by the Pew Chari- economy from the perspective of hedge $1.25 trillion, according to Forbes mag- table Trust and the Brookings Institu- fund managers, some of whom make azine. tion found that men in their early thir- hundreds of millions of dollars a year, Let me repeat that statement be- ties earned on average 12 percent less if you look at the economy from the cause it is an astounding fact. The col- in 2004 than their fathers did in 1974 perspective of people who have more lective net worth of the wealthiest 400 after adjusting for inflation. In other money than they know what to do Americans—400 is not a lot of people— words, for millions of families, despite with, who are literally building yachts increased by $120 billion last year to a huge increase in worker productivity, that are longer than a football field, I $1.25 trillion. Remember, at the same we are moving in exactly the wrong di- can understand how one could come to time as the personal savings rate is rection. Workers are producing more the conclusion that the economy is below zero and millions of Americans but, in many cases, they are worse off doing very well because from their are going deeper and deeper into debt, than their parents. point of view, from their reality, the the collective net worth of the wealthi- President Bush desperately needs an economy is doing very well. est 400 Americans increased by $120 bil- OMB Director who is not afraid to tell Today the simple truth is the upper 1 lion. the President the truth about these percent of families in America have That is what this economy is doing. harsh economic realities and not be an not had it so good since the 1920s. So I The top 1 percent now owns more echo, not repeat the mythology that concede, President Bush, you are right. wealth than the bottom 90 percent, and this President and his advisers are For all your friends who are in the top the reality is the rich are getting rich- bringing forth. President Bush needs a 1 percent, the economy is doing very er, the middle class is shrinking, and Budget Director who will make him well. But some of us—maybe not all of the gap between the very wealthiest face the facts and not his fantasies. us but some of us—are here not to rep- people in our society and everyone else Perhaps most importantly, President resent the richest 1 percent; we are is growing wider and wider. We are be- Bush needs a Budget Director who is kind of worried about the bottom 90 coming very different countries—peo- willing to compromise with those of us percent, the bottom 50 percent, the or- ple on top live in a certain world, and in Congress who are fighting for the dinary people who go to work every the vast majority of people are living needs of working families and are not single day and are struggling hard to in another world entirely. here to represent the wealthiest people keep their heads above water and to What does all of this have to do with in this country and the largest cor- provide the necessities of life for their the next Director of the Office of Man- porations. kids. agement and Budget, which is what we Unfortunately, there is nothing in In 2005, the last available figures I are here this afternoon to discuss? In former Congressman Jim Nussle’s have, while average incomes for the my opinion, it has a whole lot to do background to suggest he is that per- bottom 90 percent—that is where most with who should become the next Di- son. Quite the contrary. I must say, I of the folks are—the bottom 90 percent rector of the OMB. am amused to hear some of my col- of Americans declined by $172, the A Federal budget—and our budget is leagues say: Well, we were at a hearing wealthiest 1/100th of 1 percent reported now almost $3 trillion—is more than a with Mr. Nussle and we asked him a an average income of $25.7 million, a 1- long list of numbers. The Federal budg- question and he said he is open to year increase of $4.4 million. Let me re- et, as any family budget, is a state- doing this and doing that. That is won- peat that because I think this deals ment of our Nation’s values and our derful at a confirmation hearing. I with the confusion of why the Presi- priorities. It is not any different, ex- worked with Mr. Nussle for 16 years in dent thinks the economy is doing so cept the numbers are astronomical, the House. He was chairman of the good. that every family has to deal with: House Budget Committee for 6 years. The income of the bottom 90 percent How do they spend their money? Where His record is clear. Pay attention to of Americans declined by $172 while the do they spend their money? What are the record rather than what someone income of the wealthiest 1/100th of 1 their priorities? It is the same debate might or might not say in a confirma- percent increased by $4.4 million. we have in the Senate. The Federal tion hearing. In 2005, the top 1 percent of Ameri- budget is a statement about what our Let me suggest where I think the cans received the largest share of na- country is about, what we stand for, confusion in this whole discussion lies, tional income since 1928. Today, rather and who we are as a people. where the disconnect lies. That is that incredibly—and I was interested in We would all, I believe, find it irre- when President Bush tells us the econ- hearing a colleague of mine talking sponsible and counterproductive if a omy is doing great, that it is robust, about, oh, my goodness, the wealthy family whom we knew, whom we ob- that it is vibrant—all of his adjec- are paying so much in taxes. Well, served, went out and bought a great big tives—the truth is he is right in one there is a reason, because today, in- car and they bought a great big boat sense. He is right in one sense. The credibly, the top 300,000 Americans— and went on fancy vacations to Las economy is not doing well for the vast 300,000—now earn nearly as much as Vegas, all the while neglecting their majority of our people who are in the the bottom 150 million Americans com- kids at home. The kids were ill clothed, middle class. The economy is certainly bined; 300,000 earning almost as much ill fed, ill taken care of. We would say not doing well for working families income as the bottom 150 million that family is irresponsible. who, in many cases, work longer hours Americans combined. We need to use those same values for low wages. The economy is not This constitutes by far the most un- when we look at the budget of the doing well for our lower income citi- equaled distribution of income in any United States of America. Preparing zens. Poverty has increased signifi- major country on Earth, and that gap the Federal budget encompasses the cantly since President Bush has been continues to grow wider and wider. same set of values. It is about spending in the White House. But the economy, This is an issue this Congress must ad- taxpayers’ dollars where we should be we must admit, is doing well and, in dress. It is not acceptable. People keep spending them and not spending them fact, doing very well for the wealthiest talking in a general sense about the where we should not be spending them. people in this country, and that is true. economy while ignoring the people in It is about taking a hard look at the So I think the confusion lies in that the economy. We have to focus on this needs of all our people, especially those when the President says the economy growing income in wealth disparity in who are most in need, and prioritizing is doing great, what he means is that this country. that budget in an intelligent, fair, and the economy is doing great for his While millions of Americans—it is rational way. That is what an OMB Di- wealthy friends and for the CEOs of the true in my State of Vermont and it is rector is supposed to do. That is what largest corporations in America. I true all over this country—are working his or her job description is. admit he is right in that regard. two and three jobs trying to cobble to- In February, the President told us If you look at the world from the per- gether an income and perhaps some about his values and his priorities spective of CEOs of large corporations health insurance, the collective net when he submitted his fiscal year 2008

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2007 CONGRESSIONAL RECORD — SENATE S11029 budget to Congress. Fortunately, Last month, as we all know, the Sen- public university in 42 States in this thanks to the excellent work of Chair- ate voted by a 68-to-31 margin to ex- country. In other words, we have a man CONRAD, the Senate rejected the pand the SCHIP program to provide an major childcare crisis in America. The President’s budget and passed a budget additional 3 million children in our President needs an OMB Director to resolution that was much more respon- country with health insurance. Eight- tell him and explain to him that you sive to the needs of ordinary Ameri- een Republican Senators thought this don’t cut childcare when working fami- cans, and I thank Chairman CONRAD for was a good idea, and virtually every- lies all over this country are des- doing that. I had the opportunity of body on our side of the aisle voted for perately searching out affordable working with him as a member of the it. Although I believe the Senate childcare. Will Mr. Nussle be doing Budget Committee. But as we in the should have done much more—I believe that? I doubt that. Senate all know, even though the budg- all of our children should be covered— Madam President, what I wish to do et resolution conference report passed this is clearly a step in the right direc- at this time is reserve the remainder of the House and the Senate in May, that tion. The House passed an even more my time. There are some other issues I is a first step. It is the annual appro- generous bill to expand SCHIP, with want to raise regarding the nomination priations bills that actually provide the support of some Republicans. But of Mr. Nussle, but I think the key point the funding which keeps our Federal instead of working with the Senate and I want to make is that what this de- Government running. Unlike the budg- the House, the President issued veto bate is about is do we need another et resolution, which cannot be vetoed, threats on both of these bills. OMB Director who continues to sup- the President has the opportunity to What will Mr. Nussle’s advice be on port and push policies which benefit veto each and every appropriations bill this issue? Will he tell the President the wealthiest people in this country that comes across his desk, and with that it is an international disgrace at the expense of the vast majority of very few exceptions, this is exactly that we are the only major country on working families or do we need an OMB what the President has threatened to Earth that doesn’t provide health care Director who will speak truth to power do unless Congress accepts his overall to all of our people and that we have to and who, in fact, explains to the Amer- spending requests. address that immediately? Will he tell ican people the reality facing the eco- In other words, the President has the President to rescind his veto nomic lives of working families in this said to Congress: It is my way or the threat? I doubt it. I doubt it very country. highway. We will do it my way or I will much. Based on his track record of There are some other points I want veto what you are proposing to do. This chairmanship of the House Budget to make, Madam President, but I am is the wrong way to negotiate with Committee for 6 years, I don’t think going to reserve the remainder of my Congress on the appropriations process. that is going to happen. time at this point. The President needs someone to advise While the President does not believe Mr. CONRAD. Madam President, Sen- him that a budget should address the we have enough money to increase ator LIEBERMAN has indicated he wish- needs of all the American people and health insurance coverage for children, es to give back his time and that I not just the wealthiest people in our it has been reported that the President might consume it, so I ask unanimous country. The President needs an ad- will be asking for another $50 billion consent at this point that be done. The PRESIDING OFFICER. Without viser to tell him that it is more impor- for the misguided war in Iraq. Fifty bil- tant to pay attention to working fami- objection, it is so ordered. lion dollars in additional funding for Mr. CONRAD. Madam President, I lies all over this country, many of the Iraq war, but we don’t have $5 bil- whom are falling further and further am going to take a few minutes, but I lion to $10 billion a year to provide will state for the information of my behind—to pay attention to those fami- health insurance to millions of unin- lies rather than a handful of billion- colleague, Senator ALLARD of Colorado, sured kids. It is time the President had who is going to then take some time, aires. Frankly, based on his record in a budget director who is willing to say: Congress, I am afraid Mr. Nussle will that Senator SANDERS has said it very Excuse me, Mr. President, but that is well. First, I want to say he is a valu- not do that. He is the wrong man for wrong. That is not what this country is this position at this particular moment able member of the Senate Budget about. It is time to get our priorities in American history. Committee. He is thoughtful, he does Now, let me say a few words about straight. I am afraid Mr. Nussle will his homework, and he has come here the President’s budget that he is so ad- not be the OMB Director who does with a message that I think is very amant that Congress adopt. Let’s look that. clear. What else does the President’s budget at the values and the priorities this I think of my own family. I think of President is proposing. The President have to say about the priorities of this growing up in Bismarck, ND. My par- has proposed in his budget, despite the country? What about our kids? What ents were killed when I was young, so growing health care crisis in this coun- about childcare? Every psychologist I was sort of a group project. I was try, that he wishes to cut Medicare and understands, and many books and pa- raised by my grandparents and my Medicaid by $280 billion over the next pers have been written on it, that the three uncles and aunts and their fami- decade, lowering the quality of health most formative years of a person’s life lies, so I was raised in four families. care for approximately 43 million sen- are from 0 to 3. That is when their in- When I was growing up, we had a mid- ior citizens and people with disabilities tellectual capabilities develop; that is dle-class family. We were in the news- who depend on Medicare, and more when their emotional capabilities de- paper business, the printing and pub- than 50 million Americans who rely on velop. Now, what are we doing for our lishing business, and my family were Medicaid. That is his priority—cut kids in general and what are we doing middle class. In every case, the woman Medicare, cut Medicaid. with regard to childcare? At a time of the household stayed home until the Even worse—and to me this is a deep- when working families in Vermont and kids were away in school. And we had ly moral issue in a nation that already all across this country are searching a lot of kids. We had 13 kids in our fam- has the disgrace of having the highest desperately for quality, affordable ily, and that includes cousins of mine. rate of childhood poverty in the indus- childcare, the Bush budget reduces the Every one of them got a college edu- trialized world; over 18 percent of our number of children receiving childcare cation. Every one of them got an ad- kids are in poverty—at a time when 8.7 assistance by 300,000 kids. Mr. Bush vanced degree, and that was on middle- million children have no health insur- tells us he believes no child should be class income. ance, the President has refused to ade- left behind. By this proposal, however, Now, you think about that today. quately fund the Children’s Health In- he is not only leaving 300,000 children There is no middle-class family who surance Program in his budget. Now, behind, but, because of inadequate could have the things we had, who grew here is where the President needs some funding for childcare, he is denying up the way we grew up, who had the op- good advice. But I have listened and I millions of children the opportunities portunity to get an advanced edu- haven’t heard that advice coming from they need so they can succeed in cation. And every single one of these— Mr. Nussle. He has had the oppor- school. my two brothers and my cousins— tunity. He was nominated a while Amazingly, childcare fees today are every single one of them got an ad- back. higher than college tuition at a 4-year vanced degree on middle-class incomes,

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11030 CONGRESSIONAL RECORD — SENATE September 4, 2007 and yet the women stayed home. They let us assume for a moment their way. do with the budget of the United did not work in the workplace. They Let’s say there is 2 percent more rev- States? It turns out it has a lot to do did not work for a wage. They worked enue. Where would we get it without a with it because we have companies in at home. They worked very hard rais- tax increase? Well, the first place we the United States and wealthy inves- ing these kids. They did a spectacular would go is the tax gap. The IRS esti- tors who have bought sewer systems in job of that. But that can’t happen mates that the tax gap for a single Europe. Why? Do they want to run today. The woman or the man can’t year, the difference between what is sewer systems in Europe? Oh, no, they stay home while raising the kids before owed and what is paid, is $345 billion. don’t run the sewer system. They buy they go to school because they need That is for 1 year. If we got just that, it and depreciate it on their books for the income to get by, to pay the mort- we would completely eliminate the dif- U.S. tax purposes and lease it back to gage, to pay for the car, and to save ference between the revenue in our pro- the European cities that built it in the some money to help kids go to school. posal and the revenue in the Presi- first place. Our society has been transformed. dent’s. Of course, this is a 5-year budg- Do you know that is costing us $40 or Talk about family values. Those were et. We just need 1 year of the tax gap. $50 billion a year, tax shelter scams? If family values, because there was a The Senator from New Hampshire we shut those down, we could meet our value on being able to raise kids and says we cannot get that much. Let’s as- budget with no tax increase. So please give them a happy and healthy home sume he is right. Let’s say you can’t don’t come out here and give me this life and have the resources to go to get that much. Is that the only place about the biggest tax increase in his- school. you can look for revenue without a tax tory. There is no tax increase. Is there Now I heard some claims here by the increase? Oh, no. more revenue? According to the Presi- other side earlier that are truly as- There is a place down in the Cayman dent there is no difference in revenue tounding—absolutely astounding. They Islands called the Ugland House. It is a between our plan and his plan. If you are talking about how successful this five-story building. It is the home to look at what he would claim his rev- fiscal policy has been. Where have they 12,748 companies. Isn’t that amazing? enue system would produce, it is vir- been? Here is the result of the fiscal All those companies, 12,748 companies, tually identical to what we say ours policy of this administration, and the claim they are doing business out of will produce. fiscal policy for which Mr. Nussle was a this little five-story building. Does But let’s accept Congressional Budg- key architect. It is a policy of debt, anybody believe that the 12,748 compa- et Office numbers. They say there is 2 deficits, and decline—the three Ds. nies are engaged in business out of this percent more revenue in your plan. Let Here is the record on debt. They took little building? me say, I believe you could achieve the debt after the President’s first They are not engaged in business. that by closing down these abusive tax year, $5.8 trillion, and at the end of They are engaged in monkey business, shelters, closing down these offshore this year it is going to be almost $9 and the monkey business they are en- tax havens that the Permanent Sub- trillion. Now this is a fact. This is no gaged in is avoiding taxes here. What committee on Investigations says is projection. This is what has happened. are they doing? Here is what they are costing us $100 billion a year, or at Then I heard, well, the Democratic doing. They are engaged in offshore tax least reducing the tax gap, the dif- budget has got the biggest tax increase haven scams. Here is what they say. Go ference between what is owed and what in history. It was remarkable to listen on the Internet and you know what you is paid. The vast majority of us pay to some of the comments. We heard will find? You put in the words about what we owe. How are we allowing $340 variously that the tax increase in the tax havens, here is what you get—1.2 billion a year to go unpaid by others? When I hear people say this is the Democratic budget was $200 billion, million hits. A lot of people out there biggest tax increase, that is just not then it got to be $700 billion, and then are being inventive about how to avoid true. There is no proposed tax increase it was $900 billion. Well, whoa. Talk taxes. Hear is what they say. in the budget that we offered—none. about variation. We had a $200 billion Your money belongs to you and that means that it belongs offshore. And that is a fact. tax increase, a $700 billion tax increase, I yield the floor and reserve the re- and a $900 billion tax increase. Which is Why do they want to put the money mainder of my time. it? offshore? Because they don’t want to The PRESIDING OFFICER. The Sen- I tell you the reason they can’t tell pay any taxes here. Here is my favor- ator from Colorado. you is because there is no tax increase. ite: Mr. ALLARD. Madam President, I There is no tax increase proposed in Live tax free and worldwide on a luxury rise today to speak in support of Con- this budget. None. In fact, there is sub- yacht—moving offshore and living tax free gressman Jim Nussle, the President’s stantial tax relief, tax relief for mid- just got easier. nominee to be Director of the Office of dle-class families, because they are the Come on, do you know how much Management and Budget, referred to ones who truly need it. money the Government of the United commonly as OMB. Here are the facts. This is the rev- States says is being lost to this kind of I am pleased the President chose enue over 5 years in the budget resolu- scam? Here is the Senate Homeland Se- someone with such an extensive knowl- tion that passed the Senate—$14,828 curity and Governmental Affairs Per- edge of the Federal budget process to trillion. It is a big number, isn’t it? manent Subcommittee on Investiga- succeed the very able Director, Rob How much do you think the President tions from February of this year. They Portman. I had the pleasure of serving said his budget would raise over that said: under Congressman Nussle when he same period? Here is what he said his Experts have estimated that the total loss was chairman of the House Budget budget would raise—$14,826 trillion. Do to the Treasury from offshore tax evasion Committee. I came into the House the you notice there is almost no dif- alone approaches $100 billion per year. same time he did, so I have had an op- ference? The President said his budget Some of us say we ought to shut it portunity to work extensively with would raise $14,826 trillion. That is not down and stop this outrage. That is tax what I think is an outstanding indi- my claim about his budget, that is his increase? No. That is no tax increase. vidual. There I witnessed firsthand his claim about his budget. Our budget, ac- That is requiring people to pay taxes expertise in the budget process. cording to the Congressional Budget they already owe. If we got just half of As chairman of the House Budget Office, will raise $14,828 trillion. Where this money, half of it, we could meet Committee, Congressman Nussle is this huge tax increase? Where is it? our budget numbers with no tax in- worked effectively with fellow House If we look at the Congressional Budg- crease. Members, Senators, and the President et Office to evaluate both budgets, here Some don’t want to do a thing to shape the Federal budget—much is what we see. The green line is the around here. They want these scams to like he will be required to do if con- revenue of our budget. The red line is continue. Let them stand up and de- firmed as Director of OMB. Moreover, the President’s. There is a small dif- fend them. And while they are at it, de- throughout his service in Congress, ference—a 2-percent difference. A 2-per- fend this. Abusive tax shelters—what is Congressman Nussle demonstrated a cent difference. That is according to this a picture of? That is a sewer sys- firm commitment to fiscal responsi- the Congressional Budget Office. Now, tem in Europe. What does that have to bility, restoring and maintaining fiscal

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2007 CONGRESSIONAL RECORD — SENATE S11031 discipline, starting with this year’s ap- the Office of Management and Budget Director of the Office of Management propriations process. and the Congress the management and Budget will put him at a critical It is essential to keeping our econ- tools they need as overseers of a large place at a critical time. The OMB has omy strong and growing. The fact is, and complex and sometimes cum- been a powerful part of this adminis- today’s economy is strong. More than 8 bersome bureaucracy. In fact, if the tration, making key decisions on rev- million jobs have been created since American people want to see how these enue, spending, transparency and regu- August of 2003, unemployment is at various agencies are performing, all lation. And the new Director will play historical lows, and paychecks are ris- they need to do is get on the Internet a major role in shaping both the re- ing. One of the reasons we are enjoying and go to expectmore.gov. You are mainder of this President’s term as a strong economy today is because the going to find an assessment of the well as the outlook of the next. Republican Congress and the President agencies and how they are doing, One of OMB’s most important func- created conditions for individuals and whether they are operating efficiently, tions each year is to help generate the small businesses to thrive. These spending taxpayer dollars in a respon- President’s budget request. With un- progrowth economic policies included sible way, or whether they are being precedented levels of debt mounting reducing income tax rates, reducing ineffective, and various grades in be- ever higher, the Nation’s budget blue- capital gains and dividend tax rates, tween that, or are they absolutely ig- print must begin to reflect wise reducing the estate and gift taxes, and noring any attempt to be accountable choices. increasing incentives for small busi- to the way in which the taxpayer dol- Unfortunately, the pattern of this ad- ness investment. lars are being spent. ministration so far has been one of fis- If we neglect extending all these As a result, on that Web page you are cal recklessness. The President’s tax taxes that I just ran off—they all have going to see ‘‘no results dem- cuts have reduced revenue to the a termination date on them. If we ne- onstrated.’’ They just kind of thumbed Treasury by $1 trillion and will cost an glect extending these tax reductions, their noses at the taxpayers and the additional $300 billion in 2007 alone. the end result is it is going to be the President and anybody out here trying Over the past 5 years we have spent largest tax increase in the history of to build accountability to agency half a trillion dollars in Iraq, and we this country by neglect. The chairman spending. This program helps Members are continuing to spend $10 billion a of the Budget Committee is right. They of Congress, helps members of the ad- month for that war. don’t have any overt proposal to in- ministration, and helps the taxpayer Our current total debt is closing in crease taxes. But by neglect and refus- out here if they want to take the time on $9 trillion, which means that each ing to renew these taxes that are going to look it up on the Internet, just to American’s share is nearly $30,000. And to be expiring in a few years, the net see how the various agencies are per- the budget President Bush submitted result is that the tax rates are going to forming. You might be surprised as to to Congress in February would con- increase on our progrowth, economic which agencies show up as not even tinue that trend. It would increase the tax reduction provisions that we put in making an effort to be accountable to gross Federal debt by nearly $3 trillion place, which was reducing the income the taxpayers as to how their tax dol- to $11.5 trillion by 2012. That means tax, reducing capital gains and divi- lars are being spent. each American’s share of the debt dend taxes, reducing estate and gift OMB’s management tools are critical would rise to a whopping $38,000. taxes, and increasing incentives for to Congress’s ability to hold agencies The administration needs to turn small business investment. and programs accountable and ensure over a new leaf of fiscal responsibility, My view is in this country, if you that taxpayer dollars are being spent and the new Director of OMB must be really want to see economic growth, wisely. Congressman Nussle has as- at the forefront of that effort. Digging you target the small business sector. sured me that he will give due def- out of this ditch of debt will take seri- That is what the proeconomic growth erence to the ‘‘M’’ which stands for ous bipartisan cooperation and it will policy did, and we saw the results of ‘‘management’’ in the OMB. I have im- require Congress and the administra- that, resulting in sizable revenue in- pressed upon him how important it is tion to work together. This includes creases to the Federal Government as that we encourage the agencies to con- deciding how to most fairly raise rev- well as our States throughout this tinue to try to demonstrate results on enue and on which priorities to spend country. The economic growth stimu- their effectiveness and not ignore it be- it. And it will mean putting aside par- lated by these policies not only led to cause it is what we need to responsibly tisanship of the moment to tackle the more money in the pockets of the put forward legislation in budgets and long-term economic challenges. We American people, it has led to in- appropriations bills. need an OMB Director who is fully creased Federal revenue and reduced I think this vote is a referendum on committed to working with Congress deficits. Since 2003, revenues have re- the economy, but let’s look and see to tackle this difficult and pressing bounded sharply, following several what is happening with the economy. problem. years of decline. Last year, revenues It is doing well. New jobs are being cre- Another critical function of OMB for were up almost 12 percent, to $2.4 tril- ated. Income is coming in at record which Congressman Nussle will be re- lion, the highest in our Nation’s his- high rates. America is doing well. sponsible is the management side. OMB tory. As a result, we cut the budget I encourage my colleagues to join me plays an important role in the Federal deficit in half several years ahead of in supporting Congressman Nussle who, Government’s efforts to prevent waste, schedule and put ourselves on a path I believe, is a highly qualified nominee fraud, and abuse by pursuing manage- toward balancing the budget. That is who is deserving of Senate confirma- ment reforms, evaluating the effective- important to me, and I think it is im- tion. I am pleased the Budget Com- ness of Federal programs, and pro- portant to the American people to have mittee favorably reported Congress- viding oversight of agency reports, us on a path toward balancing the man Nussle with broad bipartisan sup- rules, testimony and proposed legisla- budget. I think it is important to the port. I urge my colleagues to vote in tion. OMB can exert great influence on American people that we continue our favor of this confirmation today. public policy and I believe it is impera- progrowth policies. After all, that It is important that we move forward tive that the person selected to run means more jobs. with budget accountability. We need to OMB be willing and able to work with In addition to its well-known budg- confirm the Director of the OMB quick- both parties in Congress to face the ex- etary function, the Office of Manage- ly, so he can get moving forward with traordinary challenges ahead. ment and Budget is also charged with his responsibilities. I am here to I will support this nomination, and I an equally important, albeit I would strongly endorse my good friend and am hopeful that Congressman Nussle say lesser known function, and that is colleague, Congressman Nussle. I hope can meet the many challenges OMB management responsibility. President the other Members of this body will faces at this critical time. Bush, with initiatives like the Presi- join me in voting to support his con- Mr. FEINGOLD. Madam President, I dent’s Management Agenda and the firmation. will vote for former Congressman Program Assessment Rating Tool, re- Mr. LEVIN. Madam President, this Nussle to be Director of the Office of ferred to by many as PART, has given nomination of Congressman Nussle as Management and Budget. As a former

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11032 CONGRESSIONAL RECORD — SENATE September 4, 2007 Chairman of the House Budget Com- Mr. Nussle also presided over a runup refuses to negotiate with Congress and mittee, he is clearly qualified, and as I in debt unprecedented in our Nation’s is threatening to veto our bills and have indicated in the past, the Presi- history. In 2001, when President Bush bring this Nation into a state of grid- dent is entitled to great deference came to office and Congressman Nussle lock. when it comes to executive branch took over the Budget committee, there It is past time for the President to nominations, especially those for posi- was a projected $5.6 trillion surplus. start facing the facts and to realize tions which are so close to the Presi- But today, huge tax cuts for the rich that the only way forward is by work- dent himself. In this respect, the Presi- and reckless spending have left Amer- ing together. Ours is the richest coun- dent’s nomination for Director of Of- ica $9 trillion in debt. To cover this try in the history of the world and we fice of Management and Budget should debt, President Bush has had to borrow have more than enough to provide de- receive even greater deference than a more than $1.1 trillion from foreigners, cent public services on a balanced Cabinet position. Of course, this def- more than the previous 42 Presidents budget. My Democratic colleagues and erence decreases as the position is combined. I are eager to come to the table and more distanced from the policymaking This means that our grandchildren hammer out our differences for the functions of the administration. will have to pay part of their wages sake of the American people but Given the emphasis I have placed on and salaries for our tax cuts. This is progress takes political leadership and the need to budget more responsibly, not only bad policy, it is immoral. a willingness to compromise. however, I want to make clear my To this day, Nussle continues to sup- November’s election showed that strong disagreement with the adminis- port these and other failed Bush fiscal Americans want Congress to change tration’s budget policies that have fea- policies that, for the sake of the next the direction and change the tone of tured an unbroken record of massive generation of Americans, we need to politics. Democrats got the message deficits and increased debt. And while I reverse. and in May we passed a bipartisan hope this nominee represents a new pe- The Bush administration has threat- budget that funded the programs riod of better relations with Congress ened to veto almost every one of our America needs while balancing the fed- on budget matters, I do not vote for spending bills. These threats are stop- eral checkbook over 5 years. Our budg- Congressman Nussle with the expecta- ping us from doing what the American et provides the blueprint for extending tion that the President will finally see people want us to do—from working to- middle-class tax cuts, expanding chil- the light and adopt a more fiscally re- gether on the important issues facing dren’s and veterans’ health care, and sponsible budget. our country and changing the prior- investing in education. We also pro- When his term of office is complete, ities and tone of debate in Washington. vided funds to protect our homeland this President will leave behind a fiscal As a member of the Appropriations and fully support our men and women mess so massive that it may take dec- Committee, I pride myself on making serving in the Armed Forces. We’ve had 6 years of undisciplined ades to clean up. I will continue my ef- sure taxpayer dollars are wisely spent and unprincipled budget leadership forts during the remaining 15 months on programs that make a difference. from the White House and congres- of this administration to make sure The spending bills we wrote in the sional Republicans. Representative that it does not make matters even spring are built on these values. They worse. Nussle does not seem to understand are fiscally responsible and support the Ms. MIKULSKI. Madam President, I that the time for a major change is programs that protect our country and come to the floor today to voice my op- now and he doesn’t seem likely to push position to Mr. Nussle’s nomination to improve the lives of American citizens. President Bush to come to the table. But because we reject President be head of the Office of Management For this reason, I oppose his nomina- Bush’s harmful cuts to housing, law en- and Budget. This nomination is an- tion and I urge my colleagues to do the forcement, education and other critical other effort by President Bush to ob- same. programs, this administration and struct Congress from doing its job and Ms. LANDRIEU. Madam President, I to prevent us from passing fiscally re- some Republicans accuse Democrats of rise in support of the nomination of sponsible budget and appropriations wasteful spending. That is outrageous. Jim Nussle to be our Nation’s next Di- Democrats passed a budget that re- bills. rector of the Office of Management and We need an OMB Director who can flected Americans’ priorities: no new Budget. My support comes, however, help the President understand that the taxes, restored funding for critical do- with serious reservations about the ad- fiscal problems our country faces are mestic programs, balance the budget ministration’s financial commitment too important and too big for political by 2012 and contained pay-go for fiscal to rebuilding the gulf coast in the wake gamesmanship. And we need an OMB discipline. We fought to increase fund- of Hurricanes Rita and Katrina. Director who understands that past ing for education, children’s health While the President repeatedly policies have failed and that the time care, veterans benefits, and crime re- speaks of his commitment to rebuild- for change is now. Unfortunately, Mr. duction. ing the gulf coast, at every turn, this Nussle is not the man for the job. President Bush says he wants to veto administration places financial road- As chairman of the House Budget our appropriations bills because we in- blocks to the region’s recovery. For Committee, he repeatedly failed in his crease funding for critical domestic months, the administration refused to biggest responsibility—to pass the an- programs. Democrats increased funding waive the Stafford Act requirement nual budget resolution, which protects for the Department of Education when that hurricane-ravaged States and lo- the integrity of the appropriations the President wanted to cut 44 edu- calities match 10 percent of the funds process and provides the blueprint for cation programs. Democrats increased that they receive. Similarly, the Office how we spend taxpayer dollars. Not funding for the National Institutes of of Management and Budget has refused passing a budget puts the healthy func- Health when Bush wanted to cut it by to allow the State of Louisiana to use tioning of the Federal Government at more than $300 million. The President the Hazard Mitigation Grant Program risk. Before the nominee took control wanted to cut first responder grants to fund its Road Home Program. Fi- of the committee, Congress had only and we wanted to increase them. We nally, the administration has threat- failed to pass the budget resolution proposed increasing domestic spending ened to veto the Water Resources De- once since 1974. When Mr. Nussle was by just 1.4 percent over last year. That velopment Act, which takes the first chairman of that committee, it hap- is lower than the growth rate of the vital steps towards creating a com- pened 3 out of his 6 years leading that economy and the growth rate in taxes prehensive program for the restoration committee. collected. of the Louisiana coast. Given the President’s refusal to co- These appropriations bills fund every Notwithstanding the administra- operate so far during this year’s appro- single Federal education, law enforce- tion’s claims of financial support, we priations process, we need an OMB Di- ment, transportation, and housing ac- still have a long way to go in rebuild- rector who can build consensus. Mr. tivity in our country and they were ing the gulf coast. The Government Ac- Nussle’s inability to manage the budg- passed out of the Appropriations Com- countability Office, for example, re- et resolution process shows that he mittee with bipartisan support. Despite cently concluded that of the $110 mil- clearly lacks this essential skill. this bipartisan support, the President lion that the Federal Government has

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2007 CONGRESSIONAL RECORD — SENATE S11033 committed to reconstruction, only a despite overwhelming votes in the Sen- joined the House Budget Committee in small portion of the Federal assistance ate calling for regular budgeting for January of 1995 and was elected chair- has been targeted toward long-term the Iraq war. Instead, the administra- man in January of 2001, a position he needs such as the restoration of the tion continues to ask the Congress to served in for the next 6 years. gulf coast’s infrastructure. In fact, the rubberstamp its emergency supple- Congressman Nussle is a genuine ex- Brookings Institution has concluded mental funding requests. pert and a recognized expert on the that only $35 billion of the $110 million I have repeatedly warned against this budget and a master of the budgeting has been dedicated to long-term re- administration’s budget and spending process. I have known Jim Nussle and building efforts. Only a small portion policies. I have watched the disastrous worked with him for more than 16 of this amount is dedicated to recon- results that they have brought about. I years. I can tell you that he is a skilled structing the gulf coast’s levees and am not about to endorse a continu- and savvy operator. He is a straight floodwalls. ation of that kind of record today. I am shooter whose word is his bond and who The bottom line is that the rebuild- heartened by Mr. Nussle’s pledge to can be counted on to follow through ing is nowhere near complete and nei- work in a cooperative way with the with the commitments he makes. As ther is the need for Federal aid. The Congress and the Appropriations Com- chairman of the Budget Committee, he people of the gulf coast appreciate the mittees. However, I do not foresee any reached out to majority and minority generosity of the American people. We real change in policy in the offing, and members and he gave everyone a fair all know where we’d be without the so I must oppose this nomination. hearing. Federal Government lending a hand to I yield the floor. In addition, Congressman Nussle will help bring back the gulf coast. That The PRESIDING OFFICER. The Sen- bring to the job an impressive array of being said, the President promised in ator from Iowa seeks recognition. Who political skills. As Senators saw first- his speech at Jackson Square in New yields time? hand during his appearances before the Orleans that the Federal Government Mr. CONRAD. Madam President, two committees this summer, he is would be there until the job is com- might I ask the Senator from Maine if open and responsive. He is an excellent plete. While it is a reality that no one she might give 5 minutes to the Sen- communicator, and he is a formidable enjoys facing, the fact that the rebuild- ator from Iowa for a statement in sup- advocate for the causes in which he be- ing of the gulf is only in its infancy— port of the nominee? lieves. is reality nonetheless. More needs to be Ms. COLLINS. I will be happy to As members of different political par- done and it is critical that the Director yield that time. I note Senator GRASS- ties, Congressman Nussle and I have of the Office of Management and Budg- LEY also is requesting time. Perhaps I often disagreed on principles and prior- et recognize that fact. can find out from Senator GRASSLEY ities. But in Jim Nussle, the President In conclusion, I will support the nom- how much time he needs as well so we has chosen a person of exceptional in- ination of Jim Nussle but with the ca- could accommodate both of the Sen- telligence, competence, and experience. veat that the administration must ators from Iowa. As we enter the final month of the grapple seriously with the long-term fi- Madam President, how much time is fiscal year, we face enormous chal- nancial needs of the gulf coast. remaining of the time that I have been lenges with regard to the budget. I I thank the Chair and ask that my allotted? have had and continue to have sharp entire statement appear in the RECORD. The PRESIDING OFFICER. The Sen- disagreements with President Bush Mr. BYRD. Madam President, I op- ator has 11 minutes remaining. over his budget priorities, in particular pose the nomination of Jim Nussle to Ms. COLLINS. Madam President, I his shortchanging of children’s health be the Director of the Office of Man- will be happy to yield 5 minutes to insurance, education, and biomedical agement and Budget. Senator HARKIN. I will yield the re- research. And, of course, I believe we During his tenure as chairman of the mainder of my time to Senator GRASS- need to work to eliminate abusive tax House Budget Committee, he not only LEY, but I hope we can only find an ad- breaks enjoyed by multinational com- embraced but helped to enact the woe- ditional few minutes so he could com- panies and the very wealthy, as was fully misguided and disastrous budget plete his statement. just outlined by the Senator from policies of this administration, which Mr. CONRAD. Madam President, we North Dakota a few moments ago. have resulted in massive deficits, in- will ask another Senator who controls Now, we all understand that the Direc- cluding the highest three on record. time if we can get additional time for tor of the Office of Management and Those dangerous policies have resulted Senator GRASSLEY. We will do that Budget is not the initiator but the im- in the loss of hundreds of billions of while Senator HARKIN and Senator plementer of the President’s agenda. dollars from the Social Security trust GRASSLEY are speaking. However, it is my hope that in Con- funds, and draconian cuts in domestic Ms. COLLINS. Thank you, Madam gressman Nussle, we will have a voice investments that have left the infra- President. of moderation and corporation. structure of our Nation to deteriorate, The PRESIDING OFFICER. The Sen- Finally, I would add that those of us and agencies, such as the Federal ator from Iowa is recognized. who represent rural America, rural Emergency Management Agency, Mr. HARKIN. Madam President, I areas, small towns and communities, FEMA, unprepared to protect the thank the Senator from Maine for could have no better advocate for rural American people. yielding me this time. America, for our farmers, our farm When I met with Mr. Nussle in July, In July, in testimony before the Sen- families, and those who live in small I also was taken aback by his lack of ate Homeland Security and Govern- towns and communities than Congress- knowledge about funding the military mental Affairs Committee, I spoke man Jim Nussle. He has always been operations in Iraq, suggesting that it is strongly in favor of President Bush’s there fighting for their interests, and it common and routine to fund such oper- nomination of former Congressman is kind of good to have someone like ations through supplemental appro- Jim Nussle to serve as the Director of that in the position of Director of the priations bills. He asserted that the the Office of Management and Budget. Office of Management and Budget. United States has always funded its In his testimony before the com- I intend to vote yes on Congressman wars through supplementals. This is mittee and in a subsequent appearance Nussle’s nomination. I urge all of my simply not true, and certainly some- before the Senate Budget Committee, colleagues to do likewise. thing that the nominee for the White Congressman Nussle impressed all of us I yield the floor. House budget office ought to have with his forthrightness and his obvious The PRESIDING OFFICER. The Sen- known. Many times the Congress has expertise on budget issues. This should ator from Iowa. passed supplemental war funding bills come as no surprise. The fact is that Mr. CONRAD. Madam President, I at the beginning of a conflict, but then Congressman Nussle is superbly quali- ask that the Senator withhold. budgeted for that war spending as part fied for the job of Budget Director. How much time does Senator GREGG of the regular appropriations process. First elected to represent Iowa’s First have remaining? That is something that this adminis- Congressional District in 1990, he The PRESIDING OFFICER. Thirteen tration has stubbornly declined to do, served honorably for eight terms. He minutes.

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11034 CONGRESSIONAL RECORD — SENATE September 4, 2007 Mr. CONRAD. Thirteen minutes. If ner in which Congressman Nussle han- feel about the President’s economic the Senator would be willing to reserve dled the Budget Committee under his policies, I think we should all agree 10 of his minutes and give the addi- chairmanship. Chairman SPRATT, then that the President has the right to tional 3 minutes to the Senator from the ranking member, spoke to the fair choose his Director for the Office of Iowa so the Senator from Iowa can and collegial treatment the minority Management and Budget. Rather than have a total of 9 minutes? At least that received while Jim Nussle was its delay and object to considerations of gets us close to the Senator’s request. chairman and to Congressman Nussle’s this nominee, I believe it makes more Mr. GRASSLEY. I am pleased the knowledge of the budget process. sense to confirm the President’s highly Senate is considering the nomination I believe it is Congressman Nussle’s qualified choice and get to the work of of Jim Nussle to be Director of the Of- qualifications and respect from all finishing the peoples’ business. fice of Management and Budget. sides that led to a unanimous vote in We have a serious challenge ahead of I thank Chairman LIEBERMAN and favor of his nomination by the Home- us. With only 1 of 12 annual appropria- Ranking Member COLLINS of the Home- land Security Committee and by the tions bills having even been considered land Security and Governmental Af- 22-to-1 vote in the Budget Committee. by the Senate, we find ourselves less fairs Committee for their quick action Yet some have chosen to use Congress- than 4 weeks away from the end of the on the nomination, and I also thank man Nussle’s nomination to take issue fiscal year. In order for this process to Chairman CONRAD and Ranking Mem- with the President’s fiscal and eco- get underway in earnest, it is impor- ber GREGG of the Budget Committee for nomic policies. So I would point out to tant that the President has his choice helping to move this nomination along my colleagues that while they portray of Budget Director in place. Given Con- very quickly. Also, of course, I thank the economy as nothing but doom and gressman Nussle’s experience, knowl- the majority leader, Senator REID, for gloom, the facts suggest otherwise. edge, and commitment to public serv- making time in the Senate’s hectic Unemployment remains at histori- ice, it is fitting that he has been nomi- schedule for the consideration of this cally low levels. Most recently, the un- nated to be the Director of the Office of most important nomination. employment rate stood at 4.6 percent. Management and Budget. I have known Jim Nussle for nearly July was the 47th consecutive month Jim Nussle is highly qualified. He 27 years. I first met him when, as a stu- with job gains, and over 8.3 million new knows the budget. He understands Con- dent at Luther College, he drove me jobs have been created during those 47 gress, and he is a decent, honorable around the State as I campaigned in months. The fact is, the economy is re- public servant. So I hope the Senate my first run for the Senate. He was silient and growing. We have had 23 will see fit to confirm Jim Nussle to elected to the U.S. House in 1991 at the consecutive quarters of growth in the OMB Director. age of 30. Congressman Nussle quickly gross domestic product. I think the people who gave me the rose through the ranks as chairman of Contrary to the arguments of some of additional time ought to have it back. a committee, and he excelled in that my colleagues, the budget deficit has The PRESIDING OFFICER. Who very important leadership role as been coming down year by year. This yields time? The Senator from chairman of the Budget Committee. year’s deficit is estimated to be 1.5 per- Vermont. Congressman Nussle and I share a cent of our gross domestic product, and Mr. SANDERS. I yield 6 minutes to strong belief that we here in Wash- that is lower than the 40-year average the Senator from New York. ington hold a great responsibility to be of 2.4 percent of GDP. The reduction in Mr. SCHUMER. I thank my friend wise stewards of the taxpayers’ money. the deficit is largely due to the higher and colleague from Vermont for yield- He took this responsibility very seri- than anticipated revenues coming into ing me time. I will speak for a brief ously and acted on it early in his con- the Federal Treasury, and this increase moment on this nomination and then gressional career. Few have worked as in Federal revenue has occurred since talk a little bit about Iraq. hard as Congressman Nussle to ferret the bipartisan tax relief plans passed in First, I will oppose the nomination of out wasteful and unnecessary Federal 2001 and 2003. Jim Nussle to OMB Director. Why? Be- spending. If confirmed for the OMB Di- While those on the other side may cause our country is in a new world and rector, I am certain he will continue to argue that we are undertaxed, I would a new time and a new place. Our health be one of the taxpayers’ advocates like to point out that this year’s re- care system, our education system, and there in that new position. ceipts are projected at 18.8 percent of our infrastructure are lagging, and When he was chairman of the House gross domestic product. That is higher those who put continued tax cuts for Budget Committee, Jim Nussle did not than the historic norm over a 30-year the very wealthy above rebuilding just focus on short-term goals; he average of 18.3 percent. So while Con- America are at the wrong time, in the looked down the road at long-term gress and the President acted in a bi- wrong place. That is what Jim Nussle challenges. As an example, in the Def- partisan way in response to the eco- has done. I understand it is a heartfelt icit Reduction Act, with Jim’s leader- nomic effects of the tech bubble burst belief of his. ship at the Budget Committee, Con- and the attacks of September 11, 2001, We Democrats have adopted a more gress took an important first step in we are still generating the necessary responsible position of pay-go. We reforming our entitlement spending. revenues to operate the Federal budget Democrats believe, yes, we must re- This step saved taxpayers nearly $40 at historic levels. store our infrastructure, both physical billion over a 5-year period of time. Where would our economy be today if and human, in America to stay great. Jim Nussle also understands that the Congress had not enacted a bipartisan And with an OMB Director who re- Federal budget process can and needs economic stimulus tax package? Would mains rigidly wedded to the policies of to be improved. He chaired a bipartisan our economy have weathered the crash the past, tax cuts to the very wealthy task force in the late 1990s and devel- of the NASDAQ in 2000 when it lost 50 above everything, above rebuilding our oped a bipartisan initiative termed the percent of its value or the economic schools and restoring health care and ‘‘Comprehensive Budget Process Re- shock after the 9/11 attacks in 2001? getting our bridges and roads built—we form Act of 1998,’’ and he did it in a bi- Would we have come out of it with are headed in the wrong direction. So I partisan way with then-Congressman such resilience as we have without must vote against him and urge my and fellow Senator BEN CARDIN. In those tax bills having passed? Would colleagues to do the same. working with then-Congressman we have such low unemployment, IRAQ CARDIN, he demonstrated his abilities strong GDP growth, or the creation of Now, I rise today to discuss the situa- to work across the aisle and develop bi- those over 8 million jobs without that tion in Iraq and the continuing efforts partisan products. tax relief? Now, these are fair ques- of this administration to paint a rosy This respect for the other side con- tions that the critics of the President’s picture, to cling to straws when the tinued during his time as Budget chair- economic policies ought to consider. situation on the ground suggests just man. During the Senate Budget Com- Regardless, we are here today to con- the opposite. mittee’s hearings to consider his nomi- sider the nomination of Congressman I first thank my colleague, JACK nation, House Budget Chairman Nussle to be Director of the Office of REED, who has done great work on SPRATT attested to the respectful man- Management and Budget. However you MILCON, veterans affairs, which we

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2007 CONGRESSIONAL RECORD — SENATE S11035 have just considered, and for his work this independent report, it will take talk about how he treats our veterans. on Iraq. much more than a red pen to correct The war in Iraq, something which I Some have argued that the surge in the failures of the President’s Iraq pol- strongly opposed, has given us now Iraq is working, but all you have to do icy. So the surge by the President’s over 27,000 soldiers who have been is look at the facts to know that is not own stated goal is failing. The Govern- wounded, many of them seriously. the case. The President went to Anbar ment is weaker. The fundamentals on Studies tell us that many of the sol- Province, which at the moment he is the ground are the same. There is no diers returning home from Iraq are touting as a measure of success, but we loyalty to a central government. coming home with post-traumatic all know what has happened in Iraq. The temporary stasis in Anbar Prov- stress disorder, PTSD. How did the You push on one end of the balloon, ince is not because of the surge but be- President’s budget, a budget which we and it pops out on another. Anbar may cause the surge was unable to protect turned around, how did his initial be a little better; other places are these tribal leaders from al-Qaida. budget treat the veterans? His budget worse. And the fallacy of Anbar is just The PRESIDING OFFICER (Mr. proposed cutting the VA by $3.4 billion amazing. Are we placing our faith in SALAZAR). The time of the Senator has over 5 years after adjusting for infla- the future in Iraq on a handful of war- expired. tion. That does not say thank you to lords who at the moment dislike al- Mr. SCHUMER. I ask unanimous con- our veterans and their families and all Qaida more than they dislike us? And sent for an additional 30 seconds. they have gone through. they certainly dislike us. What kind of The PRESIDING OFFICER. Without We have a President who in his budg- policy is that? What are the odds that objection, it is so ordered. et has said we don’t have enough 6 months from now, the fragile and per- Mr. SCHUMER. The bottom line is money to address the needs of the mid- ilous situation in Anbar will reverse very simple. We are worse off today in dle class, working families, senior citi- itself and collapse? We heard about Iraq than we were 6 months ago. The zens, children, and veterans. We don’t success in Baghdad, we heard about position of America, democracy, sta- have enough money to do that, to pay success in Fallujah, and we heard bility continues to deteriorate. If there attention to the people who are hurt- about success in this province and that were ever a need for a change in course ing. But amazingly enough, President province, and it vanishes. Success van- in Iraq, it is now. Bush has told us we do have enough ishes like the wind. Why? Because the I yield the floor. money to provide $739 billion in tax fundamentals in Iraq stay the same. The PRESIDING OFFICER. Who breaks over the next decade to house- That is, that there is no central gov- yields time? holds with incomes exceeding $1 mil- ernment, that the Shiites and the The Senator from Vermont. lion per year. Under President Bush’s Sunnis and the Kurds dislike one an- Mr. SANDERS. Mr. President, we proposal, the average tax break for this other far more than they like any cen- have heard over the last few moments group of millionaires would total tral government, and that dooms our from some of our Republican friends, $162,000 by the year 2012. So if you are policy in Iraq to fail. When the Presi- again, the assertion of how strong this a millionaire or a billionaire, the good dent began the surge he said it was to economy is doing and how we have to news is, we have enough money for give the Government breathing room, continue going along this same path you. But if you are a veteran coming to strengthen the present Government. with an OMB Director who is sup- home from Iraq with PTSD, if you are We have more troops there, more mili- portive of these policies. Let me reit- a mother trying to find quality tary action, more deaths this summer, erate, I do not believe the economy is childcare for your kids, if you are a more than any other, and the Govern- stronger when, over the last 6 years, 5 worker trying to find health insurance, ment is weaker. So why isn’t it appar- million more Americans have become sorry. This country does not have ent to the President and my colleagues poor, slipped into poverty, including a enough money for you. on the other side of the aisle that the million children. I do not believe this Let me be very blunt. In my view, it stated goal of the surge is failing? Be- economy is strong when median in- is wrong to be giving huge tax breaks cause the goal is not a military goal come for working age families has de- to the very wealthiest people, the peo- but, by the President’s own words, it is clined by about $2,400 since the year ple who need them the least, while cut- to give the Government of Iraq greater 2000. I do not believe this economy is ting back on the needs of the middle strength, breathing room, as he put it. strong when the personal savings rate class and working families. I should That Government, by just about every has been below zero for eight consecu- say that Mr. Nussle’s record as chair- standard, is worse off than it was be- tive quarters. I do not believe this man of the Budget Committee tells us fore. economy is strong when 8.6 million clearly he supports these tax breaks for Again, Anbar Province? Because a Americans have lost their health insur- the very rich while, at the same time, few warlords, tribal leaders are now on ance since President Bush has been in he has been prepared over the years to our side for the moment, even though office. I do not believe this economy is cut programs for those who need them they are not loyal to us, they don’t strong when 35 million Americans the most. That is wrong. That is why I like us and they dislike the central struggled to put food on the table last will be voting against Mr. Nussle’s con- government, that is why we should year and hunger in America is growing. firmation. continue the present course in Iraq? It I do not believe this economy is strong Included in President Bush’s budget makes no sense. when home foreclosures are now the is the complete repeal of the estate tax What happened to the great call for highest on record, turning the Amer- which would take effect at the end of democracy in Iraq? Are the tribal lead- ican dream of home ownership into a 2010. The complete repeal of the estate ers in Anbar Province our apostles of nightmare. tax, we should be clear, because some- democracy? Of course not. I admit that We need a new direction in economic times people have not been quite so is realpolitik. That is fine. But it is not policy, policies which protect the in- clear about it, would benefit the going to solve the problem. terests of ordinary Americans and not wealthiest three-tenths of 1 percent of If you look at the benchmarks, today just the wealthy and the powerful. We our population, the top three-tenths of the independent GAO report due to be need an OMB Director to tell this 1 percent, and 99.7 percent of the Amer- delivered to Congress showed little President the reality of economic life ican people would not benefit, their progress being made in meeting the 18 for tens of millions of our families families would not benefit by one nick- military and security benchmarks set rather than continue a mythology el from the repeal of the estate tax. Ob- out by the Congress. A draft report which essentially represents the inter- viously, if you are in the top three- showed that only three of the bench- ests of the people on top who, in fact, tenths of 1 percent, you are already a marks had been met. However, over the are doing very well. Maybe government millionaire or a billionaire, and you weekend, the Pentagon revised the should represent all rather than just are already in a family which is doing draft GAO report and now, miracu- the wealthy and the powerful. very well and has been doing well in re- lously, an additional four benchmarks When I talked before about the budg- cent years. In other words, 99.7 percent were ‘‘partially met.’’ Despite the ap- et priorities of President Bush, we of Americans would not receive one parent efforts by the Pentagon to edit should continue that discussion and nickel. The wealthiest people, who are

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11036 CONGRESSIONAL RECORD — SENATE September 4, 2007 doing very well, would get all the bene- America is about, who begins to ex- Director of OMB who agrees with him? fits. plain to the American people we need a I mean, really. Obviously, he is going According to the President’s budget, budget that reflects the needs and to nominate a Director of OMB who this repeal of the estate tax will reduce deals with the needs of millions of fam- agrees with him. For as much as I ad- receipts for the Treasury by more than ilies, where people are working longer mire the Senator from Vermont, his $91 billion over the next 5 years and hours for lower wages, that deals with philosophies, which he of his own ac- more than $442 billion over the next the problems of our senior citizens, cord has described as socialist—al- decade. But the long-term damage to deals with the problems of our crum- though he affiliates with the Demo- our fiscal solvency is even worse. Ac- bling infrastructure, deals with the cratic Party—are not necessarily the cording to the Center on Budget and problems of kids who cannot afford to philosophies of the President. So I do Policy Priorities, repealing the estate go to college, deals with all of the prob- not expect he is going to nominate tax would cost over $1 trillion from lems our people face every single day. somebody with the philosophy of the 2012 to 2021, all of which benefit goes to That is the kind of budget we need. Senator from Vermont. Even France, the wealthiest three-tenths of 1 per- That is the kind of OMB Director we quite honestly, has rejected the philos- cent. In other words, if the President’s need. What we do not need are policies ophy of the Senator from Vermont. So plan to permanently repeal the estate which give obscene benefits to the very I do not think the President is going to tax succeeds, the children and family wealthiest people in this country. subscribe to it. members of the most privileged fami- Let me simply say at this point that What is hard to accept, however, is lies in America will reap a massive tax in fact what this debate is about is this argument that for some reason the break. Paris Hilton, you are in luck, if whether we are going to have an OMB tax cut the President has put in place the President gets his way. You are Director who can advise the President has been regressive, that it has been going to do very well. But for other about the reality facing our working unfairly distributed. Americans, the deficit will go up, and families or will we continue the same Let’s go back to the record. The sim- the argument will be raised that we failed policies? ple fact is today the top 20 percent of don’t have enough money to take care Having said that, Mr. President, I re- earned income or taxable income under of our kids, our seniors, and our vet- serve the remainder of my time. the income tax laws—the top 20 per- erans. The PRESIDING OFFICER. Who cent of earners in those categories is What has Mr. Nussle’s position been yields time? paying 85.3 percent of the burden of as chairman of the Budget Committee The Senator from Maine. Federal taxes. That is more than was on repeal of the estate tax? He is there Ms. COLLINS. Mr. President, I sug- paid under the Clinton administration alongside the President. So we have gest the absence of a quorum. when those same people, the top 20 per- every reason to believe he will be rec- The PRESIDING OFFICER. The cent, were paying 81 percent of the bur- ommending to the President that we clerk will call the roll. den of Federal taxes. continue this extremely unfair and dis- The legislative clerk proceeded to People of lower income or moderate astrous policy. call the roll. income who do not pay income taxes When we talk about repealing the es- Mr. GREGG. Mr. President, I ask basically—individuals do, but as a tate tax, which the President wants to unanimous consent that the order for group they do not pay a net income do, which Mr. Nussle wants to do, the quorum call be rescinded. tax—the bottom 40 percent of income which many of our Republican friends The PRESIDING OFFICER. Without earners in this country is actually get- want to do, I think we should see who objection, it is so ordered. ting more back from the Federal Gov- benefits in a more specific sense. Yes, Mr. GREGG. Mr. President, I rise to ernment in the form of earned income it is the wealthiest three-tenths of 1 discuss a little bit what has been tax credit and other benefits than they percent who will get all of the benefits, talked about at length in this debate. I received under the Clinton years—al- the people who need it the least. Let’s think it has been a very helpful and most twice as much back. look at one particular family who does good debate. It has not been about Con- So you have the highest income peo- have the best. Let’s put this thing into gressman Nussle and his qualifications. ple in this country paying more than perspective. The reality is the big win- That seems to be universally agreed under the Clinton years, who are bear- ner, the people who need this money upon. It has been about the issue of ing a larger share of the burden, and the most—not the kids, not our sen- policy and how we approach fiscal pol- you have the lower income people or iors, not low-income people, not our icy in this country. the moderate income people getting veterans, no, they get at the end of the The other side of the aisle, for what- more back from the Federal Govern- line—the people who receive a signifi- ever reason, seems to think 24 quarters ment. That, ladies and gentlemen, is cant amount of the benefits from re- of economic growth, with the addition called progressivity. That is a tax law peal of the estate tax is the Walton of 8.4 million new jobs over the last few that is working. family that owns Wal-Mart. In fact, years, a tax law which was put into Why is it working? Why are the peo- today—and these things change; they place which has caused us to generate ple with higher incomes paying more go up and down—the estimated net more receipts as a Federal Government taxes? That is called human nature. It worth of the Sam Walton family is than we ever received before over a 3- is called human nature. If you say to about $83.2 billion. From where I come, year period relative to growth and as a someone: ‘‘I am going to take the next that is pretty good, $83.2 billion. You percent of gross national product, is 90 cents of the $1 you earn, and take it are a family that is doing fine. You will something we should not have, that to the Federal Government and the probably be able to pay the rent next this is bad policy for some reason, that State Government and the local gov- month. If the estate tax is repealed for giving people jobs, creating economic ernment’’—I do not know that this one family, they will receive a activity, having a tax policy that is Vermont reaches 90 percent. They are benefit of $32.7 billion, one family, $32.7 fair, is not good. Therefore, they are probably pretty close. That is why peo- billion. attacking Congressman Nussle for him ple come to New Hampshire to buy liq- We do not have enough money, says being proposed to become OMB Direc- uor and other goods; they are not sub- the President, to increase health insur- tor and for the fact he happens to as- ject to a sales tax. That is just a bit of ance for our children. Oh, he is going to cribe to those approaches. PR for our State. But if you say that to repeal that $32 billion to take care of 3 Now, I would say to my colleagues on a person, they are not going to go out million more kids? We cannot afford the other side of the aisle, I am not and make the effort to earn that extra that, but we can afford to give $32 bil- sure what they expect. Maybe they are dollar, whether it is 90 percent, 70 per- lion in tax breaks to a family worth $83 sort of like Claude Rains in ‘‘Casa- cent, or 50 percent. billion. blanca,’’ where he comes out of the Why? Because they do not want to Those priorities are wrong. In my room and says: I’m shocked—shocked— pay the taxes. They do not want to view, they are immoral. We need an to find out that there’s gambling going work for the Government half the year. OMB Director who begins to explain to on in Rick’s. What? Are they shocked Actually, everybody is working for the the American people this is not what to find out the President nominated a Government half the year, but they

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2007 CONGRESSIONAL RECORD — SENATE S11037 don’t want to work for it for two-thirds we have seen 24 months of economic ex- about program after program. Yes, we of the year. pansion and we have added 8.4 million want to take care of our veterans, we So if you put in place a tax law that jobs, we have seen revenues jump dra- want to provide health insurance to is fair, where you say to a person: ‘‘You matically. In fact, the capital gains our children, and we do not want to go out and invest, you take a risk, you revenues are now $100 billion over what give tax breaks to billionaires. become an entrepreneur, and as a re- they were estimated to be—$100 billion. Mr. President, I yield 1 minute to my sult you create jobs, and we are going Why is that? Because people are willing friend from California. to tax you fairly,’’ then you get more to take risks. They are willing to take Mr. CONRAD. Mr. President, I also economic activity that is taxable. As a their capital out that was locked up yield 1 minute to the Senator from result, you get more money to the Fed- and put it into more productive activ- California. eral Government. That is what has ity, the result of which is to create The PRESIDING OFFICER. The Sen- happened over the last 3 years. We are jobs. ator from California. now receiving more revenue than we People are investing in starting new have historically. In fact, we have had restaurants and starting new software Mrs. BOXER. Mr. President, I thank the largest increase in the history of companies, starting new small busi- my colleagues. our Government in the last 3 years as nesses all across this country because I have never seen the Senator from a percentage, and we are getting more there is a reasonable tax rate on doing New Hampshire so emotional and so ex- in than what has been the historical that. As a result, we are creating jobs. cited. You would think the record we norm. Usually, we have been getting, What is the result of that? We generate have seen in terms of this economy has since World War II, about an 18.2-per- revenues to the Federal Government. been stellar. It reminds me of the ex- cent raise in revenues from the gross The other side of the aisle does not like pressions: ‘‘He doth protest too much’’ national product. Now we have gone up that, I guess. The only way they want and ‘‘the best defense is a strong of- to 18.6 percent and 18.7 percent, and to generate revenue to the Federal fense. Get excited and wave your those are big increases. Government is to raise taxes on people. hands.’’ Let’s talk about what has hap- Why are we getting those increases? Well, it doesn’t work very well, quite pened here. This President and the Re- Because people are willing to partici- honestly. President Kennedy showed publicans in this Senate are trying to pate in the taxable economy. Because the best way to do it is the way we claim the mantle of fiscal responsi- there is a fair tax rate that is in place have done it. President Reagan showed bility. In fact, they turned a $236 bil- today. What is the other side of the us the best way to do it is the way we lion surplus inherited from the Clinton aisle suggesting? Let’s raise those have done it. And now President Bush administration into a $248 billion def- taxes. Let’s raise those taxes way up so has shown it one more time. icit. They oversaw the three largest we can spend the money—not to put it It is hard to accept this philosophy budget deficits in U.S. history, and to debt reduction, as the Senator from which continues to be paraded out by they are responsible for a $3 trillion in- North Dakota talks about—so we can the other side of the aisle, which we, crease in the national debt. Now, let raise taxes on the American people to regrettably, in New Hampshire are me say this: Who owns that debt? For- spend the money. hearing a great deal of—actually, we do eign countries—China, Japan. I don’t Their budget suggests we increase not regret it. We love it. We love to hear the Senator from New Hampshire taxes by somewhere between $400 bil- have the folks come to New Hampshire bemoaning the fact that they can hold lion and $900 billion over 5 years. Their who are running for President and lis- us hostage. budget suggests we increase spending ten to their positions. But as you listen We need a change here. We need fis- on the discretionary side by around to people, your head has to spin as to cal responsibility. We need invest- $200 billion over the next 5 years. Their the number of new programs that are ments in things that help our children, budget suggests we increase spending being proposed by the front runners of education, for one, and help our fami- on the entitlement side by a number the Democratic Party. It is program lies, health care, for two, and a way to that is so astronomical I cannot even after program after program. If you lis- make sure our veterans truly get what calculate it, but I think it is around $1 ten to one of their speeches—and I have they need. Instead, the President gives trillion. It is a classic tax-and-spend listened to all the major candidates on us as head of the OMB Mr. Nussle, who approach. Its purpose is not to make their side of the aisle give speeches in is closely associated with all of these the economy stronger. Its purpose is New Hampshire over the last few policies and failed as chairman of the not to reduce the debt. Its purpose is to weeks—it is a litany, more or less like Budget Committee three out of six raise taxes, to spend the money on in- a merry-go-round, of ideas of how to times to get a budget and work with terest, which the other side of the aisle spend money, followed by ideas as to Democrats. This is an absolute out- finds attractive. how to tax people. rage. Well, that is reasonable if you do it The list goes on and on, but right at Now, I voted for so many of the in a way that is fair. But what they are the top of the list is raise the capital President’s appointees. I didn’t vote for suggesting is you raise taxes on work- gains rate, raise the dividend rate, Alberto Gonzales, but I did vote for ing Americans, and specifically on sen- raise the taxes on earning Americans, most. iors. Do you know who most benefits raise the taxes on productive Ameri- The PRESIDING OFFICER. The Sen- from the capital gains rate? Senior cans, which will result in a reduction ator’s time has expired. citizens. Do you know who most bene- of job activity, a reduction of revenues Mrs. BOXER. I will not vote for a fits from the dividends rate? Senior to the Federal Government, and it will man who put a bag over his head in the citizens. Logic tells you that; also sta- be an unfortunate decision to reverse House of Representatives. That, to me, tistics do. The fact is, when you are a some very good economic news we have shows complete hostility to this great senor citizen, you do not have earned had over the last few years. democracy. I urge a ‘‘no’’ vote. income. You are probably not subject Mr. President, at this time I reserve The PRESIDING OFFICER. Who to the income tax rate for the most the remainder of my time. part, but you might have dividend in- The PRESIDING OFFICER. The Sen- yields time? The Senator from come from one of the pension funds you ator’s time has expired. Vermont has 1 minute. invested in or that the company you Mr. GREGG. Mr. President, I believe Mr. SANDERS. Mr. President, let me worked for invested in. And you prob- we sort of agreed casually on an order conclude by applauding Majority Lead- ably have capital gains income because that the Senator from Vermont will er HARRY REID, Chairman KENT CON- you probably sold some asset such as speak, then I will speak, and then the RAD, and Senators SCHUMER, DORGAN, your house to move into another life- Senator from North Dakota will wrap and BOXER for publicly expressing their style. up. opposition to the Nussle nomination. So not only are they suggesting we The PRESIDING OFFICER. The Sen- The bottom line is today the econ- raise taxes in a manner which will un- ator from Vermont. omy is doing very well if you are in the dermine what has been a clear eco- Mr. SANDERS. Mr. President, the top 1 percent, if you are a millionaire nomic benefit to this country, in that Senator from New Hampshire talks or a billionaire. But if you are in the

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11038 CONGRESSIONAL RECORD — SENATE September 4, 2007 middle class, if you are a working per- There appears to be. when we went home for the summer son, the likelihood is you work longer The question is, Will the Senate ad- work period, the last vote cast that hours for lower wages. vise and consent to the nomination of day was Senator KENNEDY’s 15,000th We need a change in economic policy. Jim Nussle, of Iowa, to be Director of vote. There was a lot going on here at We need an OMB Director who can ad- the Office of Management and Budget? that time, and no one said anything. vise the President about the reality of The clerk will call the roll. But I think it certainly is note- the vast majority of the people, and The legislative clerk called the roll. worthy—and that is an understate- not just the very wealthiest people in Mr. DURBIN. I announce that the ment—to recognize that this good man our country. Senator from Connecticut (Mr. DODD), has passed everyone, except Senator I yield the floor. the Senator from South Dakota (Mr. BYRD, in the number of votes cast. Sen- Mr. CONRAD. Mr. President, how JOHNSON), and the Senator from Illi- ator BYRD has cast over 18,000 votes, much time do I have remaining? nois (Mr. OBAMA) are necessarily ab- but there is no close second other than The PRESIDING OFFICER. There is sent. Senator KENNEDY. 11⁄2 minutes remaining. Mr. LOTT. The following Senators We all recognize the tremendous Mr. CONRAD. Does the Senator from are necessarily absent: the Senator work this man has done. As I said this New Hampshire ask to speak for an ad- from Kansas (Mr. BROWNBACK), the morning, what a family. They have ditional 30 seconds? Senator from Idaho (Mr. CRAIG), the done so much for our country. Two of Mr. GREGG. I thought I had some Senator from Arizona (Mr. MCCAIN), his brothers were assassinated. One of time reserved. I don’t. I ask unanimous and the Senator from Alaska (Ms. MUR- his other brothers was killed in the consent for 30 seconds. KOWSKI). line of duty during World War II. Sen- Mr. CONRAD. Without objection. The PRESIDING OFFICER (Mr. ator KENNEDY has done so much to The PRESIDING OFFICER. Without MENENDEZ). Are there any other Sen- leave a legacy in the Kennedy name objection, the Senator from New ators in the Chamber desiring to vote? that is remarkable. Hampshire is recognized. The result was announced—yeas 69, We all admire the work he has done. Mr. GREGG. Mr. President, I simply nays 24, as follows: As I said this morning, one of my wish to note we are about to vote on [Rollcall Vote No. 311 Ex.] pleasures in life is being able to come the nomination for the Director of YEAS—69 to the Senate and work with this great OMB, who is a man of high integrity man. Working with him is such a pleas- Akaka Dole Lugar and high quality, and who has the ex- Alexander Domenici Martinez ure because he can get on this floor and pertise to do this job well. I think we Allard Durbin McCaskill speak very loudly, and we all listen. should presume that the President Barrasso Ensign McConnell But when you are working with him on should have the right to appoint the Baucus Enzi Murray Bayh Feingold Nelson (NE) legislation, he has so much humility, person of his choosing to this office Bennett Feinstein Pryor never wanting to take the limelight, which is so uniquely part of the White Bond Graham Roberts always willing to step back and let House to begin with. Bunning Grassley Salazar those who are his junior move forward, I yield the floor. Burr Gregg Sessions Cantwell Hagel Shelby and I include myself in that lot. The PRESIDING OFFICER. The Sen- Cardin Harkin Smith So congratulations to Senator KEN- ator from North Dakota is recognized. Carper Hatch Snowe NEDY. Mr. CONRAD. Mr. President, let me Casey Hutchison Specter (Applause, Senators rising.) Chambliss Inhofe Stevens end where I began. This is not about a Coburn Isakson Sununu The PRESIDING OFFICER. The Re- personality; this is about policy. The Cochran Kohl Tester publican leader. fiscal policy of this administration has Coleman Kyl Thune Mr. MCCONNELL. Mr. President, exploded the debt of our country at the Collins Landrieu Vitter more than half a century ago, a right Corker Levin Voinovich worst possible time—right before the Cornyn Lieberman Warner end—this is in the days before a tight baby boom generation retires. Here is Crapo Lincoln Webb end was invented—on the Harvard foot- the record. It is undisputed. It is DeMint Lott Wyden ball team caught the eye of the head uncontradicted. It is a simple fact. The NAYS—24 coach of the Green Bay Packers. The debt of this country under this policy— Biden Inouye Nelson (FL) coach wrote the young man to ask if he and Mr. Nussle is one of the architects Bingaman Kennedy Reed might consider a pro career. But ED- of this policy—has skyrocketed from Boxer Kerry Reid WARD MOORE KENNEDY had other ideas. Brown Klobuchar Rockefeller $5.8 trillion at the end of the Presi- Byrd Lautenberg Sanders He responded that he was flattered by dent’s first year to $8.9 trillion at the Clinton Leahy Schumer the attention, but that he had already end of this year. So much of that debt Conrad Menendez Stabenow decided to go to law school and then go is now held abroad. When this Presi- Dorgan Mikulski Whitehouse into another contact sport—politics. dent came into office, there was $1 tril- NOT VOTING—7 I rise this afternoon in tribute to a lion of U.S. debt held by foreign inter- Brownback Johnson Obama man who is known to most people for ests. That has now reached over $2.1 Craig McCain his famous name but who is famous trillion, a more than doubling of U.S. Dodd Murkowski among his colleagues in the Senate for debt held abroad. That puts this coun- The nomination was confirmed. his warmth, good humor, and his sim- try at risk. The PRESIDING OFFICER. Under ply astonishing ability and will to get We saw during the last few weeks the the previous order, the President will things done. Chinese Minister indicate they might be immediately notified of the Senate’s Senator KENNEDY, as the majority start to diversify out of dollar-denomi- action. leader just indicated, cast his 15,000th nated securities. Economists said if f vote just before we broke for recess, so- they chose to do that, they would push lidifying his place as the third most the United States into recession. In LEGISLATIVE SESSION prolific voter in the history of this many ways, our economic future is now The PRESIDING OFFICER. Under body. less in our hands and more in the hands the previous order, the Senate will now It was just the latest milestone in a of the people who hold our debt. return to legislative session. storied 45-year career marked by I ask my colleagues on the basis of The majority leader. countless others. And it surprised no policy to reject this nomination. f one who has ever witnessed him speak- I thank the Chair and yield the floor. ing on the floor or off on the issues he The PRESIDING OFFICER. All time TRIBUTE TO SENATOR EDWARD cares about. The Senate has been his has expired. KENNEDY ON CASTING HIS arena for more than four decades, and Mr. CONRAD. Mr. President, I ask 15,000TH VOTE in the course of pushing thousands of for the yeas and nays. Mr. REID. Mr. President, earlier this pieces of legislation, he has worn out The PRESIDING OFFICER. Is there a morning, I made a very brief statement hundreds of staffers, committee mem- sufficient second? indicating that in the rush of business bers, and stenographers. He ignites

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States Senate or even some of the in the United States for the 5 million Thousands of visitors to the Capitol greatest who have served in Wash- students who today have a brighter fu- have instantly known that this is a ington. ture because they are learning English place of momentous deeds when they The Boston Globe wrote of our senior in our schools. have seen Senator KENNEDY jabbing the Senator: Without TED KENNEDY, we wouldn’t air or wheeling around, voice rising, In actual measurable impact on the lives of have lowered the voting age to 18 and even in an empty Chamber, to make a tens of millions of working families, the el- ended the hypocrisy that 18-year-olds point. He is not a man who ever de- derly, the needy, TED belongs in the same were old enough to die for our country pended on a microphone to get his sentence with Franklin Roosevelt. in Vietnam but not old enough to vote point across. Time magazine said: for the leadership. His reputation as an aisle-crosser is TED KENNEDY has amassed a titanic record Without TED KENNEDY, we wouldn’t also well known. Less well known is his of legislation affecting the lives of virtually be the world’s leader in cancer research graciousness off the floor, as when he every man, woman, and child in the country. and prevention. accepted an invitation of mine to speak And in his comprehensive book just a Without TED KENNEDY, we wouldn’t to the students at the McConnell Cen- couple of years ago, Adam Clymer have had title IX, which opened the ter at the University of Louisville last wrote that TED KENNEDY is a lawmaker doors of competition and opportunity year, or when he insisted that Senator of skill, experience, and purpose rarely for a generation of women athletes all MCCAIN accept an award in Boston de- surpassed since 1789. He has been com- across our country. spite the fact it was his son’s 11th pared to Henry Clay for his skill as a The list goes on, and I am not going birthday, assuring him he would make legislator and to Lyndon Johnson for to go through the whole list. But ever since he entered this body at the age of that day special for him and for his his efforts in creating a more egali- 30, he has stood up again and again to son, which he did, with a personal tarian, more inclusive America that be counted in support of his beliefs. He Coast Guard tour around Boston Har- leaves no one behind. stood up to be counted. He stood up to bor and, according to Senator MCCAIN, Mr. President, 15,000 votes is a re- lead again and again. He has already at least two birthday cakes. markable number. No one knows that secured his place as one of the great Senator KENNEDY is one of the most more than the Senator sitting in front legislators in the history of our coun- visible men of our time. He has every of me, the Senator from West Virginia, try. Mr. BYRD, who is the only other mem- reason to let people come to him. Yet And then after casting that 15,000th ber of that exclusive club. He knows, as when we had a reception earlier this vote before we went away, he cele- we all know, that 15,000 is not just a year for our most recent Republican brated by doing the same thing that statistic representing those votes. It member, Senator BARRASSO, it was made him a legend in the first place. represents and encapsulates countless Senator KENNEDY who approached Sen- He rolled up his sleeves and he went ator BARRASSO and sat with him and legislative battles in the trenches, in back to work. That is why a lot of us his family, talking, sharing stories, the committee rooms, in offices, tough look forward to seeing these next years and welcoming them with all the negotiations, thankless committee with him and watch as he continues to warmth and affection of a grandfather hearings, inspired ideas, setbacks and, help write the history of the Senate long after the other Senators had to a greater degree than almost any and the history of our progressive poli- cleared the room. other lawmaker alive, laws that im- tics and the history of our country. Senator KENNEDY, as we all know, is prove the lives of everyday Americans. The PRESIDING OFFICER. The Sen- a famous story teller. But one of the From his maiden speech in the Sen- ator from Illinois. greatest stories in American politics is ate demanding an end to the filibuster Mr. DURBIN. Mr. President, I am his own. We honor him today for reach- of the original Civil Rights Act, there happy to join in this chorus of praise ing yet another milestone along the has not been a significant policy ac- for the senior Senator from Massachu- way, and we wish him many more. complishment in Washington over four setts on the occasion of the 15,000th One of my own personal political he- decades that has not borne his finger- vote he has cast—a historic milestone roes, Ronald Reagan, was for 8 years a prints and benefited from his legisla- in this historic body and a milestone great political nemesis of Senator KEN- tive skill and leadership. His is the reached by only two other Senators, NEDY’s. Yet Senator KENNEDY said he record of progressive politics in our only one of whom continues to serve always admired our 40th President be- era. with great distinction, the man from cause, as he once put it, ‘‘Ronald In all of the great fights that call us West Virginia, SENATOR ROBERT C. Reagan stood for a set of ideas, and he to stand up and be counted, from the BYRD. Senator EDWARD MOORE KEN- had something to communicate.’’ minimum wage year in and year out, to NEDY has now added his name to this Senator KENNEDY’s friends on the Robert Bork and Sam Alito, TED Ken- roster of distinction. other side admire the same quality in nedy did not just hear the call, he led He is the ninth child of Joseph and him. We may disagree with his policies, the charge. You can run down the list. Rose Kennedy, born on February 22, and we do, but we respect him for his The rights of the disabled who for far 1932—200 years to the day after George remarkable commitment and persist- too long were left in the shadows or Washington. In a family such as the ence in pursuit of those ideas, those left to fend for themselves, TED KEN- Kennedys, I am sure that coincidence principles. And we honor him today for NEDY wrote every single landmark did not go unnoticed. Years ago, TED this particularly impressive achieve- piece of legislation that today pro- KENNEDY made the Senate the focus of ment. Congratulations. hibits discrimination against those his public life. Some say that decision (Applause, Senators rising.) with a disability. has helped him to become one of the The PRESIDING OFFICER. The Sen- AIDS—when a whole lot of politi- best Senators ever to serve this body. ator from Massachusetts. cians were even afraid to say the word, His dedication to principle and his will- Mr. KERRY. Mr. President, it is my TED KENNEDY passed a bill providing ingness to delve deeply into tough privilege to join in saying a few words emergency relief to the 13 cities hard- issues really have been the hallmarks about my senior colleague, the Senator est hit by the AIDS epidemic. of his public service. from Massachusetts. The special words Mr. President, 300,000 young people In his biography of Senator TED KEN- that have been spoken about TED KEN- today have jobs every single summer NEDY, former New York Times reporter NEDY are obviously more than appro- because of TED KENNEDY. Guaranteed Adam Clymer recalls a hearing in the priate. But let me say, if I may, it is access to health coverage for 25 million 1960s in the Senate Labor and Public interesting that when we take a meas- Americans who move from one job to Welfare Committee on which both TED ure of TED KENNEDY’s work here, which another or who have a preexisting med- and his brother, Bobby Kennedy, then is an unparalleled record of achieve- ical condition—they wouldn’t have got- Senator from New York, served. ment, and we look at the public record, ten that coverage without TED KEN- Clymer describes how the two Ken- that public record is actually full of NEDY. nedys had to wait 2 hours to question a

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11040 CONGRESSIONAL RECORD — SENATE September 4, 2007 witness because they were both junior lege for each of us. Although he has been. It may have been assistance in members of the Senate at the time. been here longer than most—perhaps building approval for legislative pro- Bobby Kennedy seemed almost pained only one other Senator has been here posals. But whatever was needed, TED by the tedium of sitting there hour longer—he understands that for each of KENNEDY was always there, and I was after hour waiting his turn. TED was us this is a great privilege, to represent always grateful. more patient. great States in a great nation. It is a Thank you, TED. Exasperated, Bobby Kennedy leaned source of great pride for me to have I shall always value TED KENNEDY’s over and asked his brother: Is this the once sat in that gallery as a college friendship not only to me but to the way I become a good Senator, sitting student and looked down on Senator great people of the great State—E here and waiting my turn? TED KENNEDY on the floor, wondering if Pluribus Unum—of West Virginia. And TED KENNEDY replied to his brother: I would ever meet him, and to be able I am quite pleased and I am proud— Yes. to stand here today on the occasion of proud, TED—to have had the pleasure Bobby shot back: How many hours do his 15,000th vote and to count him as a and the honor and the great privilege I have to sit here to be a good Senator? friend and an inspiration. of serving with this extraordinarily And TEDDY said: As long as nec- Mr. President, I yield the floor. great Senator in the Senate. essary. The PRESIDING OFFICER. The Sen- Congratulations, congratulations, Well, when it comes to 15,000 votes, I ator from West Virginia. congratulations, Senator TED KEN- am sure that will be a record which Mr. BYRD. Mr. President, this is a NEDY, on casting your 15,000th vote. will be hard to match. But when it great pleasure—a great pleasure—that But even more importantly, congratu- comes down to it, it is not about the I congratulate my very highly es- lations on being such a needed advo- quantity of TED KENNEDY’s votes, it is teemed colleague and dearest friend, cate for the powerless in our great and about the quality of his politics. He Senator EDWARD KENNEDY, upon the powerful country. Americans are a really cares. He cares about people. He casting of his 15,000th vote. Senator compassionate people, and the senior cares about the people who can’t afford KENNEDY has now become a member, Senator from Massachusetts has no in- a lobbyist to stand out in the hallway an illustrious member, of one of the tention of ever, ever, letting the Sen- and beg for a vote. He cares about the most exclusive clubs in the whole wide ate forget that. Amen. people who get up every morning and world. Throughout the entire history Thank you, sir. worry that nobody has noticed their of the Senate, only 2 other Senators The PRESIDING OFFICER. The Sen- lives, lives of sacrifice and lives of dif- have cast 15,000 votes—I and the late ator from New York. ficulty. He cares about those people. Senator Strom Thurmond of South Mr. SCHUMER. Mr. President, it is They won’t be holding big fundraisers Carolina. As a charter member of this such an honor for me to be here and with political action committees, but exclusive club, I welcome Senator KEN- hear the Senator who has served the they are the people who have energized NEDY aboard. longest and cast the greatest number him in his public career. This latest achievement is only one of votes heap high praise on the Sen- He also cares about the people with of many for this fine son of Massachu- ator who is No. 3 in that category. It is whom he works. I can’t think of an- setts. He has spent more than half his such an honor for every one of us, the other colleague with whom I have ever life in the Senate, and he is the third other 98 who are here, to serve with served in the House or Senate who real- longest serving Senator in U.S. his- both of them. ly reaches out in so many different tory. As I have said before on this I will be brief because so much has ways to each of us on a personal level floor, history will be kind to Senator been said, but TED KENNEDY has been a to show that he cares. If you have a KENNEDY. I have no doubt that history beacon, he has been a mentor, he has child in the hospital, an illness in the will not only regard Senator TED KEN- been almost a father figure to so many family, the loss of a loved one, you can NEDY as one of the most effective na- of us in the Senate. He is so committed count on a telephone call from Ted tional legislators of the 20th and now to the things he believes in, and you Kennedy. If no one else remembers, he the 21st century but also as one of the hear it in his speeches and you see it will. great Senators ever to have graced this even more so in the great craft with He also works every single day. I illustrious Chamber. which he yields the legislative pen. But think that is the thing which surprised Although born to a life of privilege, unlike some who may love mankind in me my 10 years in the Senate, was just Senator KENNEDY has dedicated his life the abstract, TED KENNEDY also has a the energy level of Senator TED KEN- to serving others. Senator KENNEDY quintessential kindness and decency to NEDY. He never stops. And now, in his represents the heart and the conscience the individuals of this body and to indi- majority position as chairman of the of American liberalism. Senator KEN- viduals he just meets. We all see it in HELP Committee, he has an agenda he NEDY is responsible for much, indeed him as he walks the halls. TED KEN- has been waiting on for way too long, much of the progressive legislation of NEDY is a special human being. He an agenda which included increasing the last four decades. He is always a would be a special human being in any the minimum wage in America for the powerful and eloquent voice for the craft or vocation because of who he is, first time in 10 years, an agenda which poor and the oppressed, expressing his what he knows, where he comes from. is going to lead us into the kind of help views in soaring speeches and pas- But I think every one of us—from Sen- for students across America to go to sionate struggles for the rights of ator BYRD, No. 1 in seniority in the college that we haven’t seen since the labor, for health care reform, and for Senate, to Senator BARRASSO, No. 100— passage of the GI bill after World War strengthening the social safety net for count our lucky stars that we are able II. Time and again, this Senator has America’s less fortunate. to serve with and know a great man used his commitment and combined it In the Senate, he has demonstrated such as TED KENNEDY. with an energy that has produced dra- that it is through public service—to The PRESIDING OFFICER. The Sen- matic results. paraphrase his late brother, President ator from Tennessee. I have had the honor of serving on John F. Kennedy—that Americans can Mr. ALEXANDER. Mr. President, I the Judiciary Committee with him, stop asking what their country can do would not want all the accolades to and I know that from time to time he for them and actually do something for Senator KENNEDY to come from that has stood up and taken a lonely and their country. side of the aisle. Forty years ago, in sometimes difficult political position Senator TED KENNEDY gave me 1967, I came to this body as a very for what he believed was right. It is unstinting support during the years young legislative aide to Senator How- that kind of courage and dedication to when it was my privilege to serve as ard Baker, and TED KENNEDY was a principle which leads me to believe he the Senate Democratic majority leader very young Senator but already in his is one of the finest colleagues with and minority leader at different times. second term. All the talk for the first whom I have ever had the honor to When times got tough, I knew that I few months—and I imagine Senator serve. could always count on TED KENNEDY’s BYRD can remember this—was about Finally, he knows that life here in advice and his support. It may have how long would it take for Senator the Senate is a privilege. It is a privi- been a needed vote; it may not have Baker, a new Republican Senator, to

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2007 CONGRESSIONAL RECORD — SENATE S11041 break on some important issue with fa- were in the church, I believe it was, first campaign. I tried to help him on ther-in-law, the Republican leader, where Patrick Henry was down on his his last campaign. We are friends and Senator Everett Dirksen and after a knees and gave his speech about Amer- colleagues and have a good deal of re- few months we knew because Senator ican liberty. spect for each other. I have a great deal Baker walked across the aisle and That is a part of TED KENNEDY that of affection and respect for JOHN. joined with Senator TED KENNEDY and those of us in the Senate, on both sides I thank the Senator from West Vir- they fought against Senator Dirksen, of the aisle, know. It is a part we re- ginia, Senator BYRD. As we know, he is Baker’s father-in-law, and Sam Ervin, spect and a part we appreciate. He not only the President of the Senate, the most respected constitutional law- cares about what it means to be an but he has devoted his life to this insti- yer in the Senate, on the issue of one American because he and his family tution. On so many different occasions man one vote. are such an important part of Amer- and on so many different times—I I remember working with Jim Fluge, ican history. know many in this body can remember Senator KENNEDY’s friend who came It is a great privilege to serve in this it—when this institution was teetering back to work in the Senate 3 or 4 years body with Senator KENNEDY. on whether we were going to maintain ago. The upstarts won that debate; The PRESIDING OFFICER. The sen- our position as the Founding Fathers Baker and KENNEDY beat Dirksen and ior Senator from Massachusetts. wanted it and tried to devise it or Ervin on the one man one vote issue. Mr. KENNEDY. Mr. President, I want whether we were going to move off That was my first exposure to working to express appreciation to all my col- track, he has reminded us, particularly with Senator KENNEDY. leagues for their generous comments in the great debate we had on the Iraq Several years passed and President this evening, in particular to the two war, about that role of this institution Bush the first asked me to be the Edu- leaders, Senator REID and Senator and its role in American life and its cation Secretary, and I came to Wash- MCCONNELL, for their kindnesses to- role in the world. We are all mindful of ington and what did I discover? I have night and other times where they have that. to be confirmed by a committee been generous of spirit and thought. He has been a friend. We have a time chaired by Senator TED KENNEDY. That I want the people of Massachusetts to where we go back and remind each was 1991. That was 16 years ago. I was know this is not an ending; 15,000 votes other of the times we differed, but eventually confirmed and then we is not an ending. No one could dem- what we also, I think, have valued is worked together for nearly 2 years on onstrate that better than my friend the fact that our friendship I believe is educational issues. and colleague from West Virginia who stronger because of the times that we Then, 4 years ago I came back and I still speaks with such eloquence and did differ. We have great affection for am in the Senate and today I am serv- such passion and does such an extraor- each other, respect for each other. I ing on the committee that once con- dinary job in preserving this institu- thank him for his extremely kind and firmed me, and who is the chairman 40 tion the way our Founding Fathers generous remarks. years later? Senator TED KENNEDY. So wanted it to be. He has no peer—cer- Mr. BYRD. And I thank you, TED. I have had a very special privilege of tainly in my lifetime and I think prob- Mr. KENNEDY. Mr. President, fi- working with Senator KENNEDY and ad- ably in the history of this body. nally, I could not take this moment miring him, both as a legislative aide The greatest public honor of my life without thinking back about, person- and a Cabinet member and now as a has been representing the people of ally, the service in this Chamber. When colleague in the Senate. Massachusetts. I love the State. I love I first arrived in this Chamber, I was I can say as a practicing Republican the people. I have been greatly honored fortunate to have two brothers, one a what every Senator in this body al- by their confidence and their support President and another an Attorney ready knows: Nothing will bring a Re- over the many years—joyous years, sad General. I had the opportunity to work publican audience to its feet faster years. They have been extraordinary in with them on those responsibilities in than a speech against high taxes, terms of their support of a voice in the that regard. Then, to have a brother against Federal control, and against Senate and a vote to try to recognize who served in the Senate was a golden TED KENNEDY. But those outside the that America is not just a land, it is a time for me during that period of time. Senate might wonder, then, how could promise. It is a never-ending promise I have been enormously proud of the the Republican leader and others here about strengthening our families and work my nephew, Congressman KEN- hold him in such affection? I can give about strengthening our country and NEDY, serving in the House of Rep- you one example. We have a tradition about being a fair country and creating resentatives, and now PATRICK, my son, in the Senate still called the maiden greater opportunity and leading the who serves in the House of Representa- speech. We think about what we might world when we basically reflect our tives and is a leading voice in terms of say when we first come here and make greatest values. the mental health issues for our coun- it a special occasion. My first speech I have been greatly honored in work- try—I am so proud of all his good work. was about what it means to be an ing in the Senate with extraordinary We grew up in a family that believed American, how could we put the teach- men and women over the period of in public service, that elective office ing of American history and civics years. I include so many who are here can make a difference but also under- back in its rightful place in our class- now, so many of those who have stood that other people make extraor- rooms so our children could grow up worked with me over the period of dinary differences in advancing the learning what it means to be an Amer- years, men and women of great integ- cause of fairness and decency in the ican. This is the subject the Senator rity and strong commitment and car- Nation. I think of the work of my sis- from West Virginia has worked on, spo- ing about this Nation. They have dem- ters in that undertaking, all of whom ken about, and legislated on many onstrated extraordinary courage, ex- have been involved—whether Special times. traordinary leadership, and have Olympics or Very Special Arts or other But after I made that remark and in- helped to make the country a much programs in which they have all been troduced a piece of legislation, who was better and fairer land; many on our involved. the first Senator to come over and vol- side, many on the other side—many on We still believe in the importance of unteer to go around among his Demo- the other side. public service and the honor, the high cratic colleagues and round up enough When we think back on the great honor that one has in elective office. cosponsors so the legislation could pass battles and challenges we have had There are many of those who dismiss and eventually funds be appropriated? over the period of years, we made that concept as an old-fashioned view- It was Senator KENNEDY. Who is the progress when we came together. That point, but I think any of us who have Senator who at least once a year takes has been true. read the history of this Nation and who his entire family to some part of Amer- I am very grateful to my friend, and understood its history know there is no ican history and helps them all under- he is my friend, JOHN KERRY, my col- higher personal honor than to have stand that? I remember his coming league. I thank him for his friendship that opportunity. back and telling me how excited he was and support over many years. He has Finally, I welcomed the opportunity when the family went to Richmond and pointed out he has helped me in my to come back to serve as a Senator

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11042 CONGRESSIONAL RECORD — SENATE September 4, 2007 from Massachusetts, to try to be a The assistant legislative clerk pro- ilton strategy, the one I am describing, voice of what I call the march for ceeded to call the roll. would be grounded upon three basic progress in this country. Thomas Jef- Mr. ALEXANDER. Mr. President, I principles. First, the United States will ferson used to say every 25 years a na- ask unanimous consent that the order begin immediately to move our forces tion redefines itself. He talked about for the quorum call be rescinded. in Iraq out of direct combat and into the continuing expansion of the real The PRESIDING OFFICER. Without roles of support, training, and pro- cause of liberty in this Nation—not in objection, it is so ordered. viding equipment as security condi- ways that so frequently are overused f tions on the ground permit. and overstate that word but in its core, This will proceed province by prov- IRAQ principal meaning. ince as Iraqis demonstrate their capac- As I mentioned, this Nation is a Mr. ALEXANDER. Mr. President, ity to manage their own security as country that is a continuing process. during August, as many Members of they have, for example, in Anbar Prov- That is why each day that I wake up, I this body did, I traveled to Iraq, met ince where President Bush visited yes- think of a new opportunity to try to with Tennesseans there, met with Gen- terday. have some constructive impact. People eral Petraeus, General Odierno. Then I Generals Petraeus and Odierno told a will agree, and some will differ, on the traveled to Tennessee and discussed my group of us Senators about 10 days ago directions. Sure, programs change—and visit and listened. that they believe that 6 or 7 provinces that is understandable—but basic, fun- I want to talk for a few minutes are on the way to being ready for this damental values about what this Na- about where I believe we should go sort of mission change and this sort of tion is all about and what so many of from here in Iraq. The strongest mes- stabilization. We have seen it in Anbar. us who have the great honor of service sage I received, both in Iraq and in We saw it in northern Baghdad where in this body understand is that Amer- Tennessee, was this—not that we get we flew by helicopter to an edge of ica is a continuing discovery and a con- out, not that we even win a victory of Baghdad where about 70 American tinuing promise and a continuing op- the kind we won in Japan or Germany, troops were living in a neighborhood. portunity for each and every one of us but it is time for the United States We had dinner with two Sunni sheiks, to make some contribution. Government to speak with one voice on two Shiite sheiks, and we talked about I thank the Senator from Tennessee Iraq. the progress there. What had happened is that the Iraqis for his comments. I remember that de- A retired four star general from Ten- had simply become exhausted with ter- bate very well. It was a rather basic nessee, who has a lot of experience rorists of various kinds killing their and fundamental issue about one per- with the special forces, put it this way relatives and terrorizing their neigh- son one vote. The question at that time to me: He said our biggest problem in borhoods. One of the sheiks with whom was, is that going to be continued or Iraq is we are divided and the enemy we had dinner had seen his teenage son whether there was going to be such knows it. It is inexcusable that we in the Sen- murdered in his front yard. flexibility that we were going to con- When sufficient American forces, co- tinue the gerrymandering of different ate should spend so much time lec- turing political leaders in Baghdad for alition forces, had come to the neigh- districts. Senator Baker, with the very borhood to work with the fed-up Iraqis, strong assistance of Senator ALEX- their failure to come up with a con- sensus when we ourselves have not they had proceeded basically to run the ANDER, reminded this body and helped terrorists out of town. It was much been able to come up with a consensus maintain and insist about what the Su- easier for them to tell, as they said, about Iraq. preme Court had said about that issue. who are bad guys than for us to tell It is time for the Government to I thank him for his comments and also who they are. They described them as speak with a single voice about where for his continued work in the areas of various groups of thugs, criminals, in- we go from here in Iraq. Our troops de- education and so many other areas. surgents, militias, all there for no serve it and our enemy needs to hear I have been fortunate to have a num- good. But when the Iraqis began to it. I believe that one voice would be a ber of my colleagues here from Massa- man the checkpoints and when Iraqis new strategy to change our mission in chusetts, a number of members of the worked on the neighborhood watch, Iraq from combat to supporting, equip- delegation. and when 600 of their sons were sent to ping, and training the Iraqi troops, and There were some former colleagues Baghdad to the police academy, as had then stabilizing Iraq province by prov- here as well. Senator Riegle was here, been done with the prospect that they and Senator Culver. I was reminded ac- ince, neighborhood by neighborhood, would then come back and help, then tually over the August recess that I tribe by tribe. the American officers there said: It had cast the 15,000th vote. I was talk- If we adopt this new strategy as a na- may not be long before we are able to ing with Senator Culver, and we were tion, and if we speak clearly to our shift our mission from combat to sup- reminiscing. He was here when I cast troops and to the enemy with one port, equipping, and training of the my first vote, which goes back over a voice, I believe this would likely bring Iraqi troops for this area. very long, considerable period of time. home half our troops within a year or Now, that is not to say that means I am grateful for his presence as well as two. instantly in every part of Iraq things my other colleagues, BILL DELAHUNT, Such a new strategy would put us on will be safe. They certainly were not JIM MCGOVERN. We saw many of those a path to finish responsibly what we while we were there. Two province gov- who were here earlier from our Massa- have undertaken in Iraq. I believe ernors were assassinated within a 2- chusetts delegation. I thank them very there is a consensus within this body week period of time just before we much. for such a new strategy. I believe that came. Fourteen Americans lost their People ask me how long I will con- consensus is sitting there staring us in lives in a helicopter crash 2 days before tinue to serve in the Senate. I give the the face. we were there. On the day we were same response, that is, I am going to The strategy I am describing would there, we found out later, two suicide stay here until I get the hang of it. implement the unanimous rec- bombers had gone to the nearest other I look forward to that. I would never ommendations of the bipartisan Iraq outpost such as the one we visited and get the hang of it if I did not have the Study Group chaired by former Sec- killed 4 people and wounded 11 others. wonderful love, affection, and warmth retary of State Jim Baker, a Repub- There is plenty of danger left in Iraq. my wife Vicky, the joy of my life, gives lican, and former Congressman Lee But there is no mistaking the fact that to me every single day. Hamilton, a Democrat. It would take when we begin to see—and under I yield the floor. into account the lessons and successes Petraeus’s leadership we begin to The PRESIDING OFFICER. The Sen- of the last few months under the lead- have—those outposts around Baghdad, ator from Tennessee. ership of General Petraeus in Iraq. and work with the Iraqis in certain Mr. ALEXANDER. Mr. President, I Basically the new strategy I am de- parts of the country, significant mili- suggest the absence of a quorum. scribing would implement the rec- tary progress is being made. The PRESIDING OFFICER. The ommendations of Baker-Hamilton So the first principle of a new strat- clerk will call the roll. province by province. The Baker-Ham- egy would be to change the mission of

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2007 CONGRESSIONAL RECORD — SENATE S11043 our troops province by province. The Senate supported this bipartisan legis- spending $2 billion plus a week. We are second principle would be to maintain lation, I am convinced it would get 75 losing two to three American lives a long-term presence in Iraq but one votes and we would speak with one each day. Our armed services are that would steadily diminish over voice on Iraq to our troops and to our stretched thin. Most of the soldiers I time. enemy. If the President and the Demo- talked with—and they are not com- The troops who would remain would cratic leadership simply did not oppose plaining—were there for their second be there to keep Iraq from turning into this legislation, I believe it would at- or third tour of duty, and some were a terrorist haven—troops who would be tract a majority of votes in the Senate, expecting to come back again. embedded with training Iraqi Army maybe 60 votes. The Congress could Finally, I don’t believe we can sus- units and police, those troops nec- enact this legislation by the end of the tain a stay-the-course policy in Iraq essary for force protection and for month. The President could sign it im- because there is not the support for search and rescue and for intelligence. mediately. He could then begin to im- that among the American people. The final principle would be we would plement its recommendations moving I suppose there is another option step up regional and diplomatic efforts us in a new strategy down a different that one could try. The President and to press others in the region to help track in Iraq and report to us, as the some on the ground in Iraq might be Iraq succeed. Those efforts are now legislation requires, every 90 days. tempted to simply say: Let’s continue well underway with a more expansive This is not a perfect option. The the surge for a while longer because al- United Nations assistance mission for Baker-Hamilton group is 10 distin- ready in some places, as I have de- Iraq. guished Americans—including Ed scribed—in Anbar Province, in four or There is plenty of evidence that a Meese, President Reagan’s Attorney five others, in northern Baghdad where new strategy such as the one I have de- General; Vernon Jordan, from the Na- we were—already in some places there scribed can attract a consensus here in tional Urban League; Larry is demonstration that we are having the Senate and in the Congress, and I Eagleburger, Sandra Day O’Connor, some military success. But a surge believe in the country. To begin with, President Clinton’s Secretary of De- would be open-ended, a surge by itself. while he has not adopted the Baker- fense, President Clinton’s former chief A surge is a tactic; it is not a strategy. Hamilton recommendation, the Presi- of staff, Secretary Baker, Chairman We need a strategy about where we go dent has praised the report and has Hamilton; Chuck Robb, a former Mem- from here. adopted parts of the report. The Demo- ber of this body; Alan Simpson, a When I go back to Tennessee, I don’t cratic leadership has adopted many former Member of this body—a very di- have Tennesseans rushing up to me to parts of the report and, in fact, the verse group, five Democrats, five Re- tell me what to do about Iraq. They ex- main difference, it seems, separating publicans. They met for 9 months. pect me to have some idea about what that side and this side in coming to a They were unanimous on their 79 rec- to do about Iraq, to say where we go consensus is whether there should be a ommendations. That did not mean they from here, and then they will critique specific deadline, which the Baker- agreed with every single recommenda- that and tell me whether they agree. I believe there is not sufficient public Hamilton commission rejects. tion. But, taken as a whole, they said Some have said, well, that means the we can go from here to there in Iraq. support for the President simply to go before the American people and say: Baker-Hamilton recommendations are This is how we do it. This is how we go. toothless, do not have effect. Well, I What are the other options? I can un- Let’s continue the surge. We know if see the Senator from West Virginia derstand the Democratic leader want- we put 25,000, 30,000, 40,000, 50,000 of our here. He will remember exactly what I ing to have a vote on withdrawal im- tremendous American troops in a par- ticular place in Iraq, there will be some am about to say. My grandfather was a mediately with a deadline. Many Mem- good results. We have already seen it. railway engineer for the Santa Fe Rail- bers, maybe every Member on the other But a surge by itself does not answer way. His job was to drive large loco- side, would vote for that. I respect the question. In fact, it never has an- motives onto what was then called a that. But I would respectfully say we swered the question: Where do we go roundtable. The roundtable’s job was are not going to have a consensus on from here in Iraq? How do we finish the to turn that huge locomotive around that approach. Too many of us believe job responsibly? That is the question. and head down a different track in a it would strand people who had been The surge can be a part of the new different direction. Once the round- loyal in Iraq. Too many of us believe it strategy. The Baker-Hamilton rec- table had turned the locomotive would not sufficiently honor the lives ommendations in December specifi- around and put it on a different track, and the treasure we have invested in cally said that as they called for a new there was no getting on the other Iraq. Too many of us believe there is strategy that included change of mis- track. You might not know exactly too great a risk of turning over Iraq to sion. But a surge was a tactic, a part of how fast it would go down the new terrorists. And if none of those argu- the strategy, not the strategy itself. track, and you might have different en- ments make a difference, it is simply If none of those options are prom- gineers, but it was headed down a dif- logistically impossible to move 160,000 ising for a consensus within this body ferent track. I believe the Baker-Ham- American soldiers and marines and air- and in the House of Representatives ilton recommendations, as updated by men out of Iraq overnight. So for all and the country, then where does that General Petraeus’s experiences, would those reasons, while we might have a leave us? It leaves us somewhere in the begin to put our country on a new vote on withdrawal immediately with a middle, which is often, in a democracy, track with a new strategy in Iraq that deadline, there can’t be the kind of the right place to be. My father used to would cause us responsibly to finish consensus that we need in the Senate. say: Finish what you start. We need to our job there and could begin to de- On the other hand, I can understand finish the job in Iraq. velop a consensus on both sides of the those, many on this side, who say we George Reedy, Lyndon Johnson’s aisle. should stay the course for a victory in Press Secretary, wrote a book, ‘‘Twi- In the Congress there is now bipar- Iraq. But this is not Japan or Germany. light of the Presidents,’’ in which he tisan legislation that would make the After World War II, we had millions of described the job of the President—see Iraq Study Group recommendations troops in Japan and Germany for a an urgent need, develop the right strat- our national policy. In the Senate, the long time. We had an entire division in egy, but, third, persuade at least half legislation sponsored by the Senator Germany which did nothing but wait to the people he is right. We can and no from Colorado, Senator SALAZAR, a see where their might be trouble and doubt will have votes in this body on Democrat, and myself, has 15 sponsors, then go to snuff it out. We were work- withdrawal with a deadline. We will 8 Democrats and 7 Republicans. In the ing with two countries which were ho- probably have votes on stay the course House of Representatives, the Udall- mogeneous and which had been nations and victory. We will probably have a Wolf legislation, the same legislation for a long time. We didn’t have there vote on indefinite continuation of the as Salazar-Alexander, has 60 sponsors, the same circumstances we have in surge. But there is not a possibility of 26 Democrats, and 34 Republicans. Iraq. There is not the possibility of the consensus on any of these approaches. If the President of the United States same kind of victory in Iraq that we There is a good prospect for con- and the Democratic leadership in the had in Japan and Germany. We are sensus on a strategy based upon the

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11044 CONGRESSIONAL RECORD — SENATE September 4, 2007 Baker-Hamilton principles, updated by this, and if the Democratic leadership John Warner is a true statesman. Laura the lessons and successes of General would make room for consensus in this and I wish Senator Warner, his wife Jeanne, Petraeus. If the 10 members of the Iraq body, we could end this spectacle of the and the rest of his family all the best. Study Group, the Baker-Hamilton U.S. Congress lecturing Baghdad for f group, over 9 months could agree being in a political stalemate when we OUR ARMED FORCES unanimously on where we go from here are in one ourselves. We can speak with HONORING CORPORAL WILLARD M. POWELL in Iraq, surely 50 or 60 or 70 of us can a single voice. We are elected to be able agree on where we go from here in Iraq. to do so. Our troops deserve it. The Mr. BAYH. Mr. President, today, with I look forward to the President’s re- enemy needs to hear it. a heavy heart, I honor the life of the port. I look forward to General I yield the floor and suggest the ab- brave Army corporal from Evansville, Petraeus’s recommendations. He has sence of a quorum. IN. Willard M. Powell, 21 years old, demonstrated that he is an exceptional The PRESIDING OFFICER. The died on August 16, 2007, in Balad, Iraq, leader. We Tennesseans have a special clerk will call the roll. from injuries sustained during combat pride in him because of his leadership The assistant legislative clerk pro- operations in Taramiyah, Iraq. With an of the 101st Airborne Division. But ceeded to call the roll. optimistic future before him, Will once General Petraeus has made those Mr. WHITEHOUSE. Mr. President, I risked everything to fight for the val- recommendations, I hope the President ask unanimous consent that the order ues Americans hold close to our hearts, takes a page from a former President for the quorum call be rescinded. in a land halfway around the world. of this country whom President Bush The PRESIDING OFFICER. Without Will’s ambition was to become a ma- admires, Harry Truman. objection, it is so ordered. rine, and he joined the Army at the age of 19 after graduating from Reitz High In 1947, Harry Truman found himself f in about the same shape President School. He passionately felt the call to Bush finds himself today. Americans MORNING BUSINESS duty as he left for basic training, look- were tired of war, even though in that Mr. WHITEHOUSE. Mr. President, I ing forward to his long-anticipated ca- case we had won it. The President’s am loath to close the proceedings on reer in the military. Will was deployed poll numbers were very low. The Presi- this very special day when such a spe- to Iraq April 2007, where he worked dent had lost both Houses of Congress cial milestone has been achieved by a diligently in his infantry unit, await- in the preceding election. The Presi- very special man, the senior Senator ing his promotion to corporal. It was dent had an urgent overseas mission from Massachusetts, whom I am privi- during his assignment to the 4th Bat- that he hoped our country would adopt. leged to count as a colleague. But toil talion, 9th Infantry Regiment of the According to David McCullough, the bi- we must. 4th Brigade, 2nd Infantry Division ographer of President Truman, Truman So, Mr. President, I ask unanimous Strykers from Fort Lewis, WA, that he said if he sent a plan with his name on consent that there now be a period of was killed while serving his country. it up there to the Senate and the morning business, with Senators per- Today, I join Will’s family and House, it would quiver a couple of mitted to speak therein for up to 10 friends in mourning his death. Will was times and die. So he called in General minutes each. a loving son to his mother and step- George C. Marshall who was his Sec- The PRESIDING OFFICER. Is there father, Sunny-Kay and Mark Powell, retary of State, and he called in Dean objection? and to his father and stepmother, Wil- Acheson. He said: Let’s call it the Mar- Without objection, it is so ordered. lard and Linda Kerchief. He will be shall plan and go up to Arthur Vanden- f greatly missed by his grandparents, berg, the leader of the opposition in the Barbara Poodry, Gloria, and Tim RETIREMENT OF SENATOR JOHN Senate, and try to persuade him it is Thibodeau, Larry and Patti Powell, WARNER the right thing to do. and Raymond Kerchief and his great- We got the Marshall plan, and Tru- Mr. MCCONNELL. Mr. President, I grandmother Marcetis ‘‘Cedi’’ Milton. man today is remembered as a near ask unanimous consent that the Presi- In Evansville, Will was an active great President. I am certain that dent’s statement in relation to the re- member of the First Christian Church, President Bush believes as firmly in his tirement of Senator JOHN WARNER be where he attended Bible study classes heart that finishing the job in Iraq is printed in the RECORD. with friends and fellow church-goers. as essential today as President Truman There being no objection, the mate- Will bonded with the other members of believed the Marshall plan was essen- rial was ordered to be printed in the the church’s youth group and built im- tial in 1947. But President Bush, I hope, RECORD, as follows: portant friendships. He was passionate will also remember the lesson of Harry PRESIDENT BUSH CONGRATULATES JOHN about sports and a skilled athlete him- Truman and borrow the recommenda- WARNER ON SENATE CAREER self, qualifying for the Junior Olympics tions and the prestige of the Baker- John Warner is one of the most dedicated in bowling. Those who knew him best Hamilton group and borrow the lessons Senators in American history. Five Presi- say he taught them the meaning of and successes of a distinguished gen- dents have relied on his steady judgment, true friendship and possessed an ex- eral—in this case General Petraeus— wise counsel, and candid advice. With Sen- traordinary pride in his service to our ator Warner’s retirement, the Senate will country. and give us a plan that is a genuinely lose one of its most independent and widely- new strategy, one that can attract sig- respected voices and the Commonwealth of Today and always, Will will be re- nificant support on that side of the Virginia will lose one of its fiercest advo- membered by family members, friends, aisle as well as this, one that, like my cates. and fellow Hoosiers as a true American grandfather’s big round table with the John Warner has served our country in hero, and we honor the sacrifice he locomotive, can take our country and many roles throughout his distinguished ca- made while dutifully serving his coun- put it on a different track in Iraq that reer, always putting the American people’s try. While we struggle to bear our sor- will assure us of that and that will needs first. He enlisted in the Navy shortly row over this loss, we can also take before his 18th birthday and chose to inter- pride in the example he set, bravely cause us to change our mission for our rupt his law studies to commence a second troops from combat to supporting, tour of active military duty as an officer in fighting to make the world a safer equipping, and training, province by the Marine Corps, volunteering for duty in place. It is his courage and strength of province, as soon as we honorably can. Korea. He went on to practice law, serve as character that people will remember If it does, as I said earlier, I believe an Assistant U.S. Attorney, and serve as Sec- when they think of Will, a memory we will see about half our troops come retary of the Navy before his election to the that will burn brightly during these home within a year or two. The prin- Senate. Our Military had no greater friend continuing days of conflict and grief. ciples also include a long-term but than Senator Warner during his service as As I search for words to do justice in steadily diminishing presence in Iraq Chairman of the Senate Committee on honoring Will’s sacrifice, I am re- Armed Forces. to fight counterterrorism and a I look forward to working with Senator minded of President Lincoln’s remarks stepped-up effort for diplomatic and Warner in the coming months as we assess as he addressed the families of the fall- political efforts especially in the re- the situation in Iraq and pursue policies to en soldiers in Gettysburg: ‘‘We cannot gion. But if the President were to do keep our country safe. dedicate, we cannot consecrate, we

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2007 CONGRESSIONAL RECORD — SENATE S11045 cannot hallow this ground. The brave part in the Asia-Pacific Economic Co- North Korea will declare and disable men, living and dead, who struggled operation, APEC, leaders meeting, it is its nuclear programs by the end of the here, have consecrated it, far above our appropriate to take stock of America’s year. For far too long, the administra- poor power to add or detract. The role in the Asia-Pacific region. tion’s disdain for diplomacy allowed world will little note nor long remem- America’s future prosperity and secu- the threat from North Korea to grow. ber what we say here, but it can never rity is directly tied to Asia. The region While clearly the best time to nego- forget what they did here.’’ This state- contains the world’s fastest growing tiate with North Korea would have ment is just as true today as it was major economies, largest militaries, been before it tested a nuclear weapon, nearly 150 years ago, as I am certain largest energy consumers and import- we must now verify North Korean com- that the impact of Will’s actions will ers, and biggest contributors to global pliance with their commitments. This live on far longer that any record of climate change. Some of the most crit- will demand principled, aggressive, di- these words. ical items on our international agen- rect and sustained American diplomacy It is my sad duty to enter the name da—such as ending North Korea’s nu- and leadership in the region. of Willard M. Powell in the official clear weapons program, developing ties To build support against terrorists record of the United States Senate for to moderate Muslim states, building a and prevail in the long-term battle his service to this country and for his sound global economy, achieving en- against violent extremism, the U.S. profound commitment to freedom, de- ergy security, combating climate must work closely with Asia, and mocracy, and peace. When I think change, and responding to pandemic Southeast Asia in particular, to de- about this just cause in which we are disease—are impossible to achieve velop effective strategies that both engaged, and the unfortunate pain that without robust U.S. partnerships and prevent acts of terrorism and root out comes with the loss of our heroes, I sustained engagement in Asia. al-Qaida elements. In addition to coop- hope that Will’s family can find com- But despite the region’s obvious im- erative military, intelligence, and law fort in the words of the prophet Isaiah portance, we have lost ground over the enforcement efforts, this will require who said, ‘‘He will swallow up death in past seven years. The war in Iraq that recognition that our relationships in victory; and the Lord God will wipe should never have been authorized or the region are more complex and away tears from off all faces.’’ waged has been an enormous distrac- multidimensional than a narrow ap- May God grant strength and peace to tion from the fight against al-Qaida, proach to counterterrorism. We should those who mourn, and may God be with which has reconstituted itself in Af- use the opportunity of the APEC forum all of you, as I know He is with Will. ghanistan and Pakistan. In addition to to explore new initiatives to increase f the enormous costs in lives and re- political, diplomatic, economic, edu- sources, the war has also set back our cational, and cultural engagement. TRAGEDY IN GREECE standing and leadership in the world, In terms of our shared prosperity, no- Mr. BIDEN. Mr. President, I wish to and made it far more difficult for where is America’s sustained leader- take a moment to recognize the people America to lead on critical issues. In ship more important in ensuring that of the Republic of Greece who have Asia, a region that both wants and ex- the global economy remains vibrant. demonstrated great bravery in the pects United States’ leadership, this in- Together the economies of the APEC midst of terrible tragedy this summer. attention has led to a decline in U.S. region account for over half the world’s More than 5 people have died in the prestige and influence and has placed output and trade. It is essential that fires ravaging Greece during the past our national security interests in jeop- Asian countries work with us to ensure month. The scope of these fires is ardy. balanced growth and openness of the shocking. The flames showed no mercy While America has been increasingly global trading system. This means to the elderly, young children, or the absent in Asia, China has promoted shifting away from their traditional treasures of antiquity. Our sympathy itself as an alternative to U.S. leader- dependence on export-led growth and and condolences go out to the families ship. And with fundamental shifts in weak currencies toward stronger con- of the dozens of people who have died Asia’s security and economy under- sumption at home and greater absorp- as a result of this tragedy and to the way—a rising China, emerging India, a tion of imports. The United States many people driven from their homes Japan seeking to become a more ‘‘nor- should negotiate only ‘‘gold standard’’ by the disaster. mal’’ and assertive nation, and North agreements with our Asian trading As in New Orleans after Katrina, or Korea and South Korea presenting dan- partners that stimulate growth and in the wake of any terrible disaster, gers and opportunities the United jobs and contain binding labor and en- emergency aid is critical, but focus on States cannot afford to stay on the vironmental standards and intellectual the long-term needs of the victims is sidelines. property protections. essential. The Greek people have re- U.S. engagement is vital to main- With the nations of East Asia work- sponded bravely to the crisis. I under- taining the balance, and therefore ing together through ASEAN, the stand that the Government of the peace, among potentially competing ASEAN Regional Forum, APEC, the United States has provided assistance powers. In particular, the rise of China East Asia Summit and other regional and is in the process of working with requires a clear-sighted view of our in- arrangements, Asia is moving ahead— the Greek Government, Greek-Amer- terests. A policy that seeks coopera- with or without us—to create a new re- ican organizations, and the Greek Or- tion with China on security, economic, gional architecture. Our interests de- thodox Church to determine what energy and environmental issues, mand that we re-engage to ensure those needs are. I urge the administra- maintains our military strength in the trans-Pacific linkages are relevant and tion to continue to demonstrate our western Pacific, and strengthens our strong. That means developing new ar- commitment to our Greek allies in the ability to compete must be a founda- rangements to meet new and rising wake of these horrific events. Our al- tion of any successful policy. challenges and transnational threats lies can and should rightly judge us by While APEC may be primarily an that stem from globalization—espe- our concern and commitment for them economic forum, it also offers the op- cially in the areas of pandemic disease, in times of adversity. Greece has been portunity to engage all the region’s climate change, and energy security. there for us; America must be there for leaders in a single setting—and to fur- The latest pandemic, an unidentified, Greece. ther our agenda across the range of key highly contagious virus affecting pigs, f challenges. Too often, the U.S. has is sweeping Asia. We must ensure that (At the request of Mr. REID, the fol- missed this opportunity. China and other affected countries co- lowing statement was ordered to be North Korea’s nuclear ambitions al- operate in research and containing this printed in the RECORD.) ready have had a profound impact on and future outbreaks of disease. We the region, and we must work to should use the opportunity of APEC to SUSTAINED LEADERSHIP IN THE achieve a complete and verifiable further the dialogue about the growing ASIA-PACIFIC REGION elimination of all the DPRK’s nuclear problem of pandemics. ∑ Mr. OBAMA. Mr. President, as Presi- weapons capabilities and programs. I On climate change and energy, the dent Bush arrives in Sydney to take welcome the recent statement that U.S. and Asia face many of the same

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11046 CONGRESSIONAL RECORD — SENATE September 4, 2007 challenges, and we ought to capitalize ADDITIONAL STATEMENTS The city has also done a remarkable on those areas where our interests job in closing the achievement gap be- intersect. We have a mutual interest, tween White and minority students. TRIBUTE TO COBB ENERGY for instance, in assuring adequate oil Bridgeport has reduced achievement PERFORMING ARTS CENTRE supplies, preventing disruptions in oil gaps between Hispanic students and and gas exporting states and in the sea ∑ Mr. ISAKSON. Mr. President, today I their White peers in high school read- lanes, promoting greater efficiency, de- wish to honor in the RECORD the grand ing and math, as well as in elementary veloping and expanding clean sources opening of the Cobb Energy Performing school reading, and the district has re- Arts Centre. duced achievement gaps for African- of energy, coordinating build-up and The Cobb Energy Performing Arts American students in high school release of strategic stockpiles to pre- Centre is the first major performing math. In addition, Bridgeport has vent price spikes during supply emer- arts facility built in metro Atlanta in closed the Hispanic achievement gap gencies, and reducing emissions of four decades and upon opening will im- faster than the State average in ele- greenhouse gases. The time is ripe for mediately become the new home of the mentary and high school reading and U.S. leadership on a serious and com- Atlanta Opera. high school math. This is no small feat, prehensive energy and climate initia- A great deal of planning has gone considering that almost 90 percent of tive in Asia that would ramp-up the de- into the development of this state-of- the district’s students are racial mi- velopment and deployment of effi- the-art landmark on Atlanta’s horizon norities. ciency-related technologies, establish by great friends and community lead- The Broad Foundation has praised an adequate research and development ers such as Earl Smith, Travis Duke, the district’s willingness to take a hard fund for carbon sequestration and re- Johnny Gresham, Max Bacon, Bill look at the data it collects on student lated technologies, increase opportuni- Dunaway, Sam Olens, Robert Voyles, performance, and using it to identify ties for U.S. businesses to capture a and Michele Swann. Special gratitude where it is succeeding and where it share of the region’s burgeoning clean also goes to John Williams, a great needs to improve. In fact, Bridgeport energy market, and create a forum to benefactor and the namesake of this uses this data to put together quar- grand 2,750-seat theatre. address supply security-related con- terly assessments that are tightly The arts are an essential ingredient aligned to State standards. Data from cerns. for the quality of life of a community these assessments is available in real We will not be able to fight global and the Cobb Energy Performing Arts time, allowing for immediate climate change effectively unless the Centre will improve the quality of life diagnostics and subsequent adjust- United States is able to lead the world not just for the community of Cobb but ments. Given the proliferation of data, toward a post-Kyoto Protocol frame- for the entire metropolitan Atlanta re- administrators and teachers have be- work that includes binding limits on gion and the Southeastern United come more comfortable using it and the large projected growth in green- States. district administrators have reported house gas emissions from China, India, It gives me a great deal of pleasure that school principals have been using and other Asian countries. The Bush and it is a privilege to recognize on the the data to determine their schools’ administration’s prolonged refusal to floor of the Senate the grand opening needs and plans. Teachers have also re- of the Cobb Energy Performing Arts confront the challenges of climate ported that they too analyze the data Centre. I congratulate the community change at home has robbed the United when meeting together in teams to de- on this wonderful new crown jewel.∑ States of its ability to lead effectively termine their strengths and weak- f nesses. in such efforts abroad. We should use This results-based approach, where CONGRATULATING THE BRIDGE- the opportunity of APEC to discuss a the main focus is on student perform- PORT PUBLIC SCHOOL SYSTEM new, comprehensive energy initiative ance, has so far been a rousing success. in Asia to address the twin challenges ∑ Mr. LIEBERMAN. Mr. President, I I would like to congratulate Super- of energy security and climate change. speak today to congratulate the intendent John J. Ramos, Sr., and all The U.S. also should work with its Bridgeport Public School System, the teachers, principals, administra- Asian partners to strengthen democ- which for the second year in a row has tors, and other school personnel of the been selected as a finalist for the Broad racy. Nowhere is the need for building Bridgeport public schools not just for Prize for Urban Education. The $1 mil- consensus more pressing than in the nomination, but for all the hard lion Broad Prize, the largest education Burma. Peaceful pro-democracy activ- work they have done to provide a bet- prize given to school districts, is ists continue to put their lives on the ter education to their students. They awarded each year to honor urban have proven that it is possible to give line for freedom, and democratic na- school districts that demonstrate the tions should stand in solidarity with all children a fair opportunity to re- greatest overall performance and im- ceive a high-quality education. May them. U.S. leadership is vital to any re- provement in student achievement other districts follow their example.∑ gional effort to press the military while reducing achievement gaps for f junta to achieve national reconcili- poor and minority students. ation. That Bridgeport has been nominated SWEARING IN OF MAURICE DUBE´ The U.S. must resume an active lead- for this award 2 years in a row speaks ∑ Ms. SNOWE. Mr. President, today I ership role in Asia. We cannot sit on volumes about the progress Bridgeport honor Maurice ‘‘Moe’’ Dube´ whom I the sidelines. We have too much at has made educating its students. The had the privilege to on August 14 wel- stake in Asia, in terms of our pros- city’s schools serve the highest per- come home to Maine and officially perity, security, energy, and health. If centage of low-income students in Con- swear in as Maine’s district director of necticut, with 95 percent of its stu- we are to protect and advance these in- the U.S. Small Business Administra- dents eligible for either free or re- terests, America must be a reliable and tion, SBA. I was incredibly honored to duced-price school lunches. Yet in 2006, be able to celebrate Moe’s appointment engaged partner. It is good that Presi- Bridgeport students outperformed their with him and his family in Lewiston- dent Bush is traveling to Sydney for peers in demographically similar dis- Auburn, where both of our roots run so APEC, and I know we all wish him suc- tricts in the State in reading and math deep. cess at this important summit. But the at all grade levels. In fact, Bridgeport Moe’s return to Maine is wonderful time has long since passed to pursue a is the only one of those school districts news for the numerous small busi- new path that reflects the importance to improve in reading and math at all nesses and manufacturers in our state of Asia to our national interests and grade levels from 2003 to 2006. This im- who depend on the SBA and the valu- enables the United States to play a provement was seen across all sub- able programs it administers. In my ca- greater and appropriate leadership role groups of students, including low-in- pacity as the ranking member of the in the region. We cannot afford any come, African-American and Hispanic Senate Committee on Small Business more missed opportunities.∑ students. and Entrepreneurship, I have had the

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2007 CONGRESSIONAL RECORD — SENATE S11047 privilege of working with Moe during MESSAGES FROM THE PRESIDENT S. 1927. An act to amend the Foreign Intel- his previous service with the SBA and Messages from the President of the ligence Surveillance Act of 1978 to provide know that his experience, expertise, additional procedures for authorizing certain United States were communicated to acquisitions of foreign intelligence informa- and dedication will be a true asset for the Senate by Ms. Evans, one of his tion and for other purposes. Maine’s robust small business commu- secretaries. H.R. 2863. An act to authorize the Coquille nity. f Indian Tribe of the State of Oregon to con- vey land and interests in land owned by the Because our State so depends on EXECUTIVE MESSAGES REFERRED small businesses and entrepreneurship Tribe. H.R. 2952. An act to authorize the Saginaw for our economic livelihood, I have As in executive session the Presiding Officer laid before the Senate messages Chippewa Tribe of Indians of the State of long believed that the district director Michigan to convey land and interests in position is one of Maine’s most critical from the President of the United States submitting sundry nominations, land owned by the Tribe. appointments. Indeed, according to the treaties, and withdrawals which were Under the authority of the order of SBA, in 2005, Maine had an estimated referred to the appropriate commit- January 4, 2007, the enrolled bill (S. 151,000 small businesses of which over tees. 1927) was signed on August 5, 2007, dur- 111,000 were led by self-employed entre- (The nominations received today are ing the adjournment of the Senate, by preneurs. Of the 40,000 Maine firms printed at the end of the Senate pro- the President pro tempore (Mr. BYRD). with employees, an overwhelming 97.5 ceedings.) percent were small businesses employ- f ing fewer than 500 employees. Clearly, f ENROLLED BILLS SIGNED MESSAGES FROM THE HOUSE Maine small businesses are the job cre- Under the authority of the order of DURING ADJOURNMENT ators and drivers of our economy, so it January 4, 2007, the following enrolled is critical to have a district director bills, previously signed by the Speaker who will help our state make the most ENROLLED BILL SIGNED of the House, were signed on August 6, of the SBA’s vital programs. 2007, during the adjournment of the Under the authority of the order of In his new capacity as district direc- Senate, by the President pro tempore January 4, 2007, the Secretary of the (Mr. BYRD): tor, Moe will, among other things, be Senate, on August 4, 2007, during the responsible for the administration of adjournment of the Senate, received a H.R. 2863. An act to authorize the Coquille Indian Tribe of the State of Oregon to con- the SBA business loan portfolio; the message from the House of Representa- oversight of the Maine Small Business vey land and interests in land owned by the tives announcing that the Speaker had Tribe. Development Center Network; the co- signed the following enrolled bill: ordination of Maine’s SCORE chapters; H.R. 2952. An act to authorize the Saginaw H.R. 2272. An act to invest in innovation Chippewa Tribe of Indians of the State of and oversight of the Women’s Business through research and development, and to Michigan to convey land and interests in Center at Coastal Enterprises, Inc. improve the competitiveness of the United land owned by the Tribe. States. Although Moe will clearly have a lot f on his plate as he takes the reins as Under the authority of the order of district director, I am confident that January 4, 2007, the enrolled bill was ENROLLED BILLS SIGNED his long experience at the SBA, which signed on August 4, 2007, during the ad- Under the authority of the order of he joined in 1987, makes him eminently journment of the Senate, by the Presi- January 4, 2007, the Secretary of the qualified. Moe began his SBA career as dent pro tempore (Mr. BYRD). Senate, on August 6, 2007, during the a liquidation loan officer in the SBA’s Under the authority of the order of adjournment of the Senate, received a Maine district office before moving to January 4, 2007, the Secretary of the message from the House of Representa- the business development division, Senate, on August 5, 2007, during the tives announcing that the Speaker had where he was promoted to assistant adjournment of the Senate, received a signed the following enrolled bills: district director for business develop- message from the House of Representa- H.R. 1260. An act to designate the facility ment and later to deputy district direc- tives announcing that the House had of the United States Postal Service located tor. His most recent assignment prior passed the following bill, without at 6301 Highway 58 in Harrison, Tennessee, as to relocating to Maine was as district amendment: the ‘‘Claude Ramsey Post Office’’. director of the SBA’s Massachusett dis- S. 1927. An act to amend the Foreign Intel- H.R. 1335. An act to designate the facility of the United States Postal Service located trict office. ligence Surveillance Act of 1978 to provide additional procedures for authorizing certain at 508 East Main Street in Seneca, South When Moe was with the Maine SBA, acquisitions of foreign intelligence informa- Carolina, as the ‘‘S/Sgt Lewis G. Watkins I and my staff had the pleasure of tion and for other purposes. Post Office Building’’. working hand-in-glove with him on a The message also announced that the H.R. 1384. An act to designate the facility House had agreed to the following con- of the United States Postal Service located variety of issues on behalf of our at 118 Minner Street in Bakersfield, Cali- State’s small businesses. I can tell you current resolution, without amend- fornia, as the ‘‘Buck Owens Post Office’’. firsthand that his comprehensive back- ment: H.R. 1425. An act to designate the facility ground, keen acumen, and tireless dedi- S. Con. Res. 43. Concurrent resolution pro- of the United States Postal Service located cation will be outstanding assets for viding for a conditional adjournment or re- at 4551 East 52nd Street in Odessa, Texas, as Maine’s small business community. cess of the Senate, and a conditional ad- the ‘‘Staff Sergeant Marvin ‘‘Rex’’ Young And perhaps most importantly, in an journment of the House of Representatives. Post Office Building’’ . The message further announced that H.R. 1434. An act to designate the facility ideal ‘‘one-two punch’’ for our small of the United States Postal Service located businesses, Moe not only knows how to the House agreed to the amendment of the Senate to the bill (H.R. 3311) to au- at 896 Pittsburgh Street in Springdale, Penn- deliver SBA programs as effectively as sylvania, as the ‘‘Rachel Carson Post Office possible—but Moe also knows Maine. I thorize additional funds for emergency Building’’. look forward to continuing to collabo- repairs and reconstruction of the Inter- H.R. 1617. An act to designate the facility rate with Moe as he advances the state I–35 bridge located in Min- of the United States Postal Service located SBA’s agenda. neapolis, Minnesota, that collapsed on at 561 Kingsland Avenue in University City, August 1, 2007, to waive the $100,000,000 Missouri, as the ‘‘Harriett F. Woods Post Of- I know Moe will make a fine district limitation on emergency relief funds fice Building’’. director, and I am so pleased that a for those emergency repairs and recon- H.R. 1722. An act to designate the facility man of his talents has accepted this po- struction, and for other purposes. of the United States Postal Service located sition, which is so vital to Maine’s at 601 Banyan Trail in Boca Raton, Florida, f economy. I look forward to working as the ‘‘Leonard W. Herman Post Office’’. ENROLLED BILLS SIGNED H.R. 2025. An act to designate the facility with him closely to ensure that Maine of the United States Postal Service located small businesses will continue to The message also announced that the at 11033 South State Street in Chicago, Illi- thrive and create opportunities for all Speaker had signed the following en- nois, as the ‘‘Willye B. White Post Office Mainers.∑ rolled bills: Building’’.

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11048 CONGRESSIONAL RECORD — SENATE September 4, 2007 H.R. 2077. An act to designate the facility MEASURES REFERRED EC–2801. A communication from the Under of the United States Postal Service located Secretary of Agriculture (Food, Nutrition, at 20805 State Route 125 in Blue Creek, Ohio, The following bill was read the first and Consumer Services), transmitting, pur- as the ‘‘George B. Lewis Post Office Build- and the second times by unanimous suant to law, the report of a rule entitled ing’’. consent, and referred as indicated: ‘‘Afterschool Snacks in the Child and Adult H.R. 2078. An act to designate the facility H.R. 3222. An act making appropriations Care Food Program’’ (RIN0584–AD27) re- of the United States Postal Service located for the Department of Defense for the fiscal ceived on August 8, 2007; to the Committee at 14536 State Route 136 in Cherry Fork, year ending September 30, 2008, and for other on Agriculture, Nutrition, and Forestry. Ohio, as the ‘‘Staff Sergeant Orner T. ‘O.T.’ purposes; to the Committee on Appropria- EC–2802. A communication from the Chair- Hawkins Post Office’’ . tions. man of the Joint Chiefs of Staff, transmit- ting, pursuant to law, two reports relative to H.R. 2127. An act to designate the facility f of the United States Postal Service located terrorist threats to military installations; to at 408 West 6th Street in Chelsea, Oklahoma, MEASURES PLACED ON THE the Committee on Armed Services. as the ‘‘Clem Rogers McSpadden Post Office CALENDAR EC–2803. A communication from the Under Building’’. Secretary of Defense (Personnel and Readi- The following bill was read the first H.R. 2309. An act to designate the facility ness), transmitting, a report on the approved of the United States Postal Service located and second times by unanimous con- retirement of General Peter Pace, United at 3916 Milgen Road in Columbus, Georgia, as sent, and placed on the calendar: States Marine Corps, and his advancement to the grade of general on the retired list; to the ‘‘Frank G. Lumpkin, Jr. Post Office H.R. 3162. An act to amend titles XVIII, the Committee on Armed Services. Building’’. XIX, and XXI of the Social Security Act to EC–2804. A communication from the Under extend and improve the children’s health in- H.R. 2563. An act to designate the facility Secretary of Defense (Personnel and Readi- surance program, to improve beneficiary of the United States Postal Service located ness), transmitting, a report on the approved protections under the Medicare, Medicaid, at 309 East Linn Street in Marshalltown, retirement of Admiral Edmund P. and the CHIP program, and for other pur- Iowa, as the ‘‘Major Scott Nisely Post Of- Giambastiani, Jr., United States Navy, and poses. fice’’. his advancement to the grade of admiral on H.R. 2570. An act to designate the facility f the retired list; to the Committee on Armed of the United States Postal Service located Services. at 301 Boardwalk Drive in Fort Collins, Colo- MEASURES READ THE FIRST TIME EC–2805. A communication from the Prin- rado, as the ‘‘Dr. Karl E. Carson Post Office The following bills were read the first cipal Deputy, Office of the Under Secretary Building’’. time: of Defense (Personnel and Readiness), trans- H.R. 2688. An act to designate the facility mitting, pursuant to law, a report relative to H.R. 2419. An act to provide for the con- of the United States Postal Service located the Department’s intent to close the Defense tinuation of agricultural programs through at 103 South Getty Street in Uvalde, Texas, commissary stores at Buedingen and fiscal year 2012, and for other purposes. as the ‘‘Dolph S. Briscoe, Jr. Post Office Gelnhausen, Germany; to the Committee on H.R. 3221. An act moving the United States Building’’. Armed Services. H.R. 3006. An act to improve the use of a toward greater energy independence and se- EC–2806. A communication from the Prin- grant of a parcel of land to the State of curity, developing innovative new tech- cipal Deputy, Office of the Under Secretary Idaho for use as an agricultural college, and nologies, reducing carbon emissions, cre- of Defense (Personnel and Readiness), trans- for other purposes. ating green jobs, protecting consumers, in- mitting, the report of (14) officers authorized creasing clean renewable energy production, H.R. 3311. An act to authorize additional to wear the insignia of the grade of major and modernizing our energy infrastructure. funds for emergency repairs and reconstruc- general in accordance with title 10, United tion of the Interstate I–35 bridge located in f States Code, section 777; to the Committee Minneapolis, Minnesota, that collapsed on on Armed Services. August 1, 2007, to waive the $100,000,000 limi- ENROLLED BILL PRESENTED DUR- EC–2807. A communication from the Prin- tation on emergency relief funds for those ING ADJOURNMENT OF THE SEN- cipal Deputy, Office of the Under Secretary emergency repairs and reconstruction, and ATE of Defense (Personnel and Readiness), trans- for other purposes. The Secretary of the Senate reported mitting, the report of (3) officers authorized to wear the insignia of the grade of rear ad- Under the authority of the order of that on August 5, 2007, she had pre- miral (lower half) in accordance with title January 4, 2007, the enrolled bills were sented to the President of the United 10, United States Code, section 777; to the signed on August 6, 2007, during the ad- States, the following enrolled bill: Committee on Armed Services. journment of the Senate, by the Presi- S. 1927. An act to amend the Foreign Intel- EC–2808. A communication from the Prin- dent pro tempore (Mr. BYRD). ligence Surveillance Act of 1978 to provide cipal Deputy, Office of the Under Secretary additional procedures for authorizing certain of Defense (Personnel and Readiness), trans- mitting, the report of the authorization of f acquisitions of foreign intelligence informa- tion and for other purposes. Colonel Rex C. McMillian, United States Ma- rine Corps Reserve, to wear the insignia of MESSAGE FROM THE HOUSE f the grade of brigadier general in accordance ENROLLED BILL PRESENTED with title 10, United States Code, section 777; At 3:07 p.m., a message from the to the Committee on Armed Services. House of Representatives, delivered by The Secretary of the Senate reported EC–2809. A communication from the Prin- Ms. Niland, one of its reading clerks, that on today, September 4, 2007, she cipal Deputy, Office of the Under Secretary announced that the House has passed had presented to the President of the of Defense (Personnel and Readiness), trans- the following bills, in which it requests United States the following enrolled mitting, the report of the authorization of the concurrence of the Senate: bill: Brigadier General Anthony A. Cucolo III to wear the insignia of the grade of major gen- S. 1. An act to provide greater trans- H.R. 2419. An act to provide for the con- eral in accordance with title 10, United parency in the legislative process. tinuation of agricultural programs through States Code, section 777; to the Committee fiscal year 2012, and for other purposes. f on Armed Services. H.R. 3162. An act to amend titles XVIII, EC–2810. A communication from the Prin- XIX, and XXI of the Social Security Act to EXECUTIVE AND OTHER cipal Deputy, Office of the Under Secretary extend and improve the children’s health in- COMMUNICATIONS of Defense (Personnel and Readiness), trans- surance program, to improve beneficiary The following communications were mitting, the report of (13) officers authorized protections under the Medicare, Medicaid, to wear the insignia of the grade of brigadier and the CHIP program, and for other pur- laid before the Senate, together with accompanying papers, reports, and doc- general in accordance with title 10, United poses. States Code, section 777; to the Committee H.R. 3221. An act moving the United States uments, and were referred as indicated: on Armed Services. toward greater energy independence and se- EC–2800. A communication from the Con- EC–2811. A communication from the Direc- curity, developing innovative new tech- gressional Review Coordinator, Animal and tor, Defense Procurement and Acquisition nologies, reducing carbon emissions, cre- Plant Health Inspection Service, Department Policy, Department of Defense, transmit- ating green jobs, protecting consumers, in- of Agriculture, transmitting, pursuant to ting, pursuant to law, the report of a rule en- creasing clean renewable energy production, law, the report of a rule entitled ‘‘Witchweed titled ‘‘Limitations on Tiered Evaluation of and modernizing our energy infrastructure. Quarantine Regulations; Regulated Areas in Offers’’ (DFARS Case 2006–D009) received on H.R. 3222. An act making appropriations North and South Carolina’’ (Docket No. 2006– August 5, 2007; to the Committee on Armed for the Department of Defense for the fiscal 0170) received on August 11, 2007; to the Com- Services. year ending September 30, 2008, and for other mittee on Agriculture, Nutrition, and For- EC–2812. A communication from the Direc- purposes. estry. tor, Defense Procurement and Acquisition

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2007 CONGRESSIONAL RECORD — SENATE S11049 Policy, Department of Defense, transmit- the United States, transmitting, pursuant to No. 07–ACE–4)) received on August 3, 2007; to ting, pursuant to law, the report of a rule en- law, a report relative to a transaction in- the Committee on Commerce, Science, and titled ‘‘Berry Amendment Notification Re- volving exports to Mexico including goods Transportation. quirement’’ (DFARS Case 2006–D006) received and services to be used in the Cantarell oil EC–2835. A communication from the Pro- on August 5, 2007; to the Committee on field; to the Committee on Banking, Hous- gram Analyst, Federal Aviation Administra- Armed Services. ing, and Urban Affairs. tion, Department of Transportation, trans- EC–2813. A communication from the Direc- EC–2824. A communication from the Sec- mitting, pursuant to law, the report of a rule tor, Defense Procurement and Acquisition retary of the Treasury, transmitting, pursu- entitled ‘‘Revision of Class E Airspace; Red Policy, Department of Defense, transmit- ant to law, a six-month periodic report on Dog, AK’’ ((RIN2120–AA66)(Docket No. 06– ting, pursuant to law, the report of a rule en- the national emergency with respect to Cote AAL–40)) received on August 3, 2007; to the titled ‘‘Berry Amendment Restrictions— d’Ivoire that was declared in Executive Order Committee on Commerce, Science, and Clothing Materials and Components Cov- 13396 of February 7, 2006; to the Committee Transportation. ered’’ (DFARS Case 2006–D031) received on on Banking, Housing, and Urban Affairs. EC–2836. A communication from the Pro- August 5, 2007; to the Committee on Armed EC–2825. A communication from the Execu- gram Analyst, Federal Aviation Administra- Services. tive Director, U.S. Interagency Council on tion, Department of Transportation, trans- EC–2814. A communication from the Under Homelessness, transmitting, proposed legis- mitting, pursuant to law, the report of a rule Secretary of Defense (Comptroller), trans- lation that would extend the Council’s au- entitled ‘‘Airworthiness Directives; General mitting, pursuant to law, a report entitled thorization; to the Committee on Banking, Electric Company CF34–10E Series Turbofan ‘‘Acceptance of Contributions for Defense Housing, and Urban Affairs. Engines’’ ((RIN2120–AA64) (Docket No. 2006– Programs, Projects, and Activities; Defense EC–2826. A communication from the Sec- NE–44)) received on August 3, 2007; to the Cooperation Account’’; to the Committee on retary, Securities and Exchange Commis- Committee on Commerce, Science, and Armed Services. sion, transmitting, pursuant to law, the re- Transportation. EC–2815. A communication from the Chief, port of a rule entitled ‘‘Prohibition of Fraud EC–2837. A communication from the Pro- Programs and Legislation Division, Depart- by Advisers to Certain Pooled Investment gram Analyst, Federal Aviation Administra- ment of the Air Force, transmitting, pursu- Vehicles’’ (RIN3235–AJ67) received on August tion, Department of Transportation, trans- ant to law, a report relative to the initiation 6, 2007; to the Committee on Banking, Hous- mitting, pursuant to law, the report of a rule of a standard competition of the Precision ing, and Urban Affairs. entitled ‘‘Airworthiness Directives; Hawker Measurement Equipment Laboratory func- EC–2827. A communication from the Sec- Beechcraft Corporation Model 390 Airplanes’’ tion at Andrews Air Force Base, Maryland, retary, Securities and Exchange Commis- ((RIN2120–AA64) (Docket No. 2007–CE–049)) Dover AFB, Delaware, Pope AFB, North sion, transmitting, pursuant to law, the re- received on August 3, 2007; to the Committee Carolina, and Scott AFB, Illinois; to the port of a rule entitled ‘‘Definition of the on Commerce, Science, and Transportation. Committee on Armed Services. Term Significant Deficiency’’ (RIN3235–AJ58) EC–2838. A communication from the Pro- EC–2816. A communication from the Acting received on August 6, 2007; to the Committee gram Analyst, Federal Aviation Administra- Chief of Legislative Affairs, Department of on Banking, Housing, and Urban Affairs. tion, Department of Transportation, trans- EC–2828. A communication from the Sec- the Navy, transmitting, pursuant to law, no- mitting, pursuant to law, the report of a rule retary, Securities and Exchange Commis- tification of the Department’s intent to entitled ‘‘Airworthiness Directives; Air Trac- sion, transmitting, pursuant to law, the re- begin a study of functions performed at the tor, Inc. Model AT–602 Airplanes’’ ((RIN2120– port of a rule entitled ‘‘Rule 105 of Regula- Fleet and Industrial Supply Centers and de- AA64) (Docket No. 2007–CE–01)) received on tion M’’ (RIN3235–AJ75) received on August 6, tachments; to the Committee on Armed August 3, 2007; to the Committee on Com- 2007; to the Committee on Banking, Housing, Services. merce, Science, and Transportation. EC–2817. A communication from the Assist- and Urban Affairs. EC–2839. A communication from the Pro- ant Secretary of the Navy (Installations and EC–2829. A communication from the Sec- gram Analyst, Federal Aviation Administra- Environment), transmitting, pursuant to retary, Securities and Exchange Commis- tion, Department of Transportation, trans- law, a report relative to the initiation of pre- sion, transmitting, pursuant to law, the re- mitting, pursuant to law, the report of a rule liminary planning of multi-functions includ- port of a rule entitled ‘‘Rules 200 and 203 of entitled ‘‘Standard Instrument Approach ing household goods; to the Committee on Regulation SHO’’ (RIN3235–AJ57) received on Procedures, Weather Takeoff Minimums; Armed Services. August 27, 2007; to the Committee on Bank- EC–2818. A communication from the Assist- ing, Housing, and Urban Affairs. Miscellaneous Amendments’’ ((RIN2120– ant Secretary of Defense (Reserve Affairs), EC–2830. A communication from the Presi- AA65) (Amdt. No. 3216)) received on August 3, transmitting, pursuant to law, an annual re- dent of the United States, transmitting, pur- 2007; to the Committee on Commerce, port relative to the National Guard Chal- suant to law, a report on the continuation of Science, and Transportation. leNGe Program for fiscal year 2006; to the the national emergency with respect to the EC–2840. A communication from the Pro- Committee on Armed Services. lapse of the Export Administration Act of gram Analyst, Federal Aviation Administra- EC–2819. A communication from the Coun- 1979, as amended; to the Committee on Bank- tion, Department of Transportation, trans- sel for Legislation and Regulations, Office of ing, Housing, and Urban Affairs. mitting, pursuant to law, the report of a rule Housing, Department of Housing and Urban EC–2831. A communication from the Acting entitled ‘‘Standard Instrument Approach Development, transmitting, pursuant to law, Assistant Administrator for Legislative and Procedures, Weather Takeoff Minimums; the report of a rule entitled ‘‘Adjustable Intergovernmental Affairs, National Aero- Miscellaneous Amendments’’ ((RIN2120– Rate and Home Equity Conversion Mort- nautics and Space Administration, transmit- AA65) (Amdt. No. 3217)) received on August 3, gages—Additional Index’’ ((RIN2502–AI32) ting, pursuant to law, an annual report rel- 2007; to the Committee on Commerce, (FR–4969–F–02)) received on August 8, 2007; to ative to the category rating system; to the Science, and Transportation. the Committee on Banking, Housing, and Committee on Commerce, Science, and EC–2841. A communication from the Pro- Urban Affairs. Transportation. gram Analyst, Federal Aviation Administra- EC–2820. A communication from the Direc- EC–2832. A communication from the Pro- tion, Department of Transportation, trans- tor, Financial Crimes Enforcement Network, gram Analyst, Federal Aviation Administra- mitting, pursuant to law, the report of a rule Department of the Treasury, transmitting, tion, Department of Transportation, trans- entitled ‘‘Revision of Class E Airspace; Ko- pursuant to law, the report of a rule entitled mitting, pursuant to law, the report of a rule diak, AK’’ ((RIN2120–AA66) (Docket No. 07– ‘‘Anti-Money Laundering Programs; Special entitled ‘‘Airworthiness Directives; Sikorsky AAL–01)) received on August 3, 2007; to the Due Diligence Programs for Certain Foreign Aircraft Corporation Model S–76A, B, and C Committee on Commerce, Science, and Accounts’’ (RIN1506–AA29) received on Au- Helicopters’’ ((RIN2120–AA64) (Docket No. Transportation. gust 8, 2007; to the Committee on Banking, 2007–SW–07)) received on August 3, 2007; to EC–2842. A communication from the Pro- Housing, and Urban Affairs. the Committee on Commerce, Science, and gram Analyst, Federal Aviation Administra- EC–2821. A communication from the In- Transportation. tion, Department of Transportation, trans- terim Chief Financial Officer, Federal Home EC–2833. A communication from the Pro- mitting, pursuant to law, the report of a rule Loan Bank of Atlanta, transmitting, pursu- gram Analyst, Federal Aviation Administra- entitled ‘‘Revision of Class E Airspace; Port ant to law, the management reports and tion, Department of Transportation, trans- Heiden, AK’’ ((RIN2120–AA66) (Docket No. 07– statements relative to the Bank’s system of mitting, pursuant to law, the report of a rule AAL–02)) received on August 3, 2007; to the internal controls for fiscal year 2006; to the entitled ‘‘Establishment of Class E Airspace; Committee on Commerce, Science, and Committee on Banking, Housing, and Urban Front Royal-Warren County, VA’’ ((RIN2120– Transportation. Affairs. AA66) (Docket No. 07–AEA–01)) received on EC–2843. A communication from the Pro- EC–2822. A communication from the Sec- August 3, 2007; to the Committee on Com- gram Analyst, Federal Aviation Administra- retary of Housing and Urban Development, merce, Science, and Transportation. tion, Department of Transportation, trans- transmitting, proposed legislation entitled, EC–2834. A communication from the Pro- mitting, pursuant to law, the report of a rule ‘‘Voucher and Rent Simplification Act of gram Analyst, Federal Aviation Administra- entitled ‘‘Modification of Class E Airspace; 2007’’; to the Committee on Banking, Hous- tion, Department of Transportation, trans- Canby, MN’’ ((RIN2120–AA66) (Docket No. 07– ing, and Urban Affairs. mitting, pursuant to law, the report of a rule AGL–2)) received on August 3, 2007; to the EC–2823. A communication from the Chair- entitled ‘‘Modification of Class E Airspace; Committee on Commerce, Science, and man and President, Export-Import Bank of Marshalltown, IA’’ ((RIN2120–AA66) (Docket Transportation.

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11050 CONGRESSIONAL RECORD — SENATE September 4, 2007 EC–2844. A communication from the Pro- Helicopters’’ ((RIN2120–AA66)(Docket No. (RIN0648–AU47) received on August 27, 2007; gram Analyst, Federal Aviation Administra- 2006–SW–19)) received on August 3, 2007; to to the Committee on Commerce, Science, tion, Department of Transportation, trans- the Committee on Commerce, Science, and and Transportation. mitting, pursuant to law, the report of a rule Transportation. EC–2863. A communication from the Acting entitled ‘‘Modification of Class E Airspace; EC–2854. A communication from the Pro- Director, Office of Sustainable Fisheries, De- Manhattan, KS’’ ((RIN2120–AA66) (Docket gram Analyst, Federal Aviation Administra- partment of Commerce, transmitting, pursu- No. 07–ACE–2)) received on August 3, 2007; to tion, Department of Transportation, trans- ant to law, the report of a rule entitled ‘‘2007 the Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule Scup Winter II Quota Period Inseason Ad- Transportation. entitled ‘‘Airworthiness Directives; Airbus justment’’ (RIN0648–XB60) received on Au- EC–2845. A communication from the Pro- Model A300-600 Series Airplanes’’ ((RIN2120– gust 27, 2007; to the Committee on Com- gram Analyst, Federal Aviation Administra- AA64)(Docket No. 2006–NM–184)) received on merce, Science, and Transportation. tion, Department of Transportation, trans- August 3, 2007; to the Committee on Com- EC–2864. A communication from the Acting mitting, pursuant to law, the report of a rule merce, Science, and Transportation. Director, Office of Sustainable Fisheries, De- entitled ‘‘Modification of Class E Airspace; EC–2855. A communication from the Pro- partment of Commerce, transmitting, pursu- Monticello, IA’’ ((RIN2120–AA66)(Docket No. gram Analyst, Federal Aviation Administra- ant to law, the report of a rule entitled 07–ACE–3)) received on August 3, 2007; to the tion, Department of Transportation, trans- ‘‘Fisheries of the Exclusive Economic Zone Committee on Commerce, Science, and mitting, pursuant to law, the report of a rule Off Alaska; Northern Rockfish in the West- Transportation. entitled ‘‘Airworthiness Directives; Diamond ern Regulatory Area of the Gulf of Alaska’’ EC–2846. A communication from the Pro- Aircraft Industries GmbH Model DA 40 Air- (RIN0648–XB68) received on August 27, 2007; gram Analyst, Federal Aviation Administra- planes’’ ((RIN2120–AA64)(Docket No. 2007–CE– to the Committee on Commerce, Science, tion, Department of Transportation, trans- 015)) received on August 3, 2007; to the Com- and Transportation. mitting, pursuant to law, the report of a rule mittee on Commerce, Science, and Transpor- EC–2865. A communication from the Acting entitled ‘‘Airworthiness Directives; Airbus tation. Director, Office of Sustainable Fisheries, De- Model A330 and A340 Airplanes’’ ((RIN2120– EC–2856. A communication from the Pro- partment of Commerce, transmitting, pursu- AA64) (Docket No. 2007–NM–076)) received on gram Analyst, Federal Aviation Administra- ant to law, the report of a rule entitled August 3, 2007; to the Committee on Com- tion, Department of Transportation, trans- ‘‘Fisheries of the Exclusive Economic Zone merce, Science, and Transportation. mitting, pursuant to law, the report of a rule Off Alaska; Pelagic Shelf Rockfish in the EC–2847. A communication from the Pro- entitled ‘‘Airworthiness Directives; General Western Regulatory Area of the Gulf of Alas- gram Analyst, Federal Aviation Administra- Electric Company CF6–80C2B Series Tur- ka’’ (RIN0648–XB67) received on August 27, tion, Department of Transportation, trans- bofan Engines’’ ((RIN2120–AA64)(Docket No. 2007; to the Committee on Commerce, mitting, pursuant to law, the report of a rule 2006–NE–27)) received on August 3, 2007; to Science, and Transportation. entitled ‘‘Airworthiness Directives; Airbus the Committee on Commerce, Science, and EC–2866. A communication from the Acting Model A340–211, -212, -311, and -312 Airplanes’’ Transportation. Director, Office of Sustainable Fisheries, De- ((RIN2120–AA64)(Docket No. 2006–NM–245)) EC–2857. A communication from the Pro- partment of Commerce, transmitting, pursu- received on August 3, 2007; to the Committee gram Analyst, Federal Aviation Administra- ant to law, the report of a rule entitled on Commerce, Science, and Transportation. tion, Department of Transportation, trans- ‘‘Fisheries of the Exclusive Economic Zone EC–2848. A communication from the Pro- mitting, pursuant to law, the report of a rule Off Alaska; Pacific Ocean Perch in the West- gram Analyst, Federal Aviation Administra- entitled ‘‘Modification of Class E Airspace; ern Regulatory Area of the Gulf of Alaska’’ tion, Department of Transportation, trans- Hugoton, KS’’ ((RIN2120–AA66)(Docket No. (RIN0648–XB66) received on August 27, 2007; mitting, pursuant to law, the report of a rule 07–ACE–6)) received on August 3, 2007; to the to the Committee on Commerce, Science, entitled ‘‘Amendment of Class E Airspace; Committee on Commerce, Science, and and Transportation. Middlesboro, KY’’ ((RIN2120-AA66) (Docket Transportation. EC–2867. A communication from the Direc- No. 07–ASO–1)) received on August 3, 2007; to EC–2858. A communication from the Pro- tor, Office of Sustainable Fisheries, Depart- the Committee on Commerce, Science, and gram Analyst, Federal Aviation Administra- ment of Commerce, transmitting, pursuant Transportation. tion, Department of Transportation, trans- to law, the report of a rule entitled ‘‘Tem- EC–2849. A communication from the Pro- mitting, pursuant to law, the report of a rule porary Rule; Inseason Restoration of Black gram Analyst, Federal Aviation Administra- entitled ‘‘Establishment of Class E Airspace; Sea Bass and Loligo Squid Quota from Un- tion, Department of Transportation, trans- Dean Memorial Airport, IA’’ ((RIN2120– used Research Set-Aside’’ (RIN0648–XA94) re- mitting, pursuant to law, the report of a rule AA66)(Docket No. 07–ANE–91)) received on ceived on August 27, 2007; to the Committee entitled ‘‘Modification of Class E Airspace; August 3, 2007; to the Committee on Com- on Commerce, Science, and Transportation. Marshalltown, IA’’ ((RIN2120–AA66) (Docket merce, Science, and Transportation. EC–2868. A communication from the Direc- No. 07–ACE–4)) received on August 3, 2007; to EC–2859. A communication from the Dep- tor, Office of Sustainable Fisheries, Depart- the Committee on Commerce, Science, and uty Assistant Administrator for Regulatory ment of Commerce, transmitting, pursuant Transportation. Programs, National Marine Fisheries Serv- to law, the report of a rule entitled ‘‘Fish- EC–2850. A communication from the Pro- ice, Department of Commerce, transmitting, eries of the Exclusive Economic Zone Off gram Analyst, Federal Aviation Administra- pursuant to law, the report of a rule entitled Alaska; Pacific Ocean Perch in the Western tion, Department of Transportation, trans- ‘‘Fisheries of the Exclusive Economic Zone Aleutian District of the Bering Sea and mitting, pursuant to law, the report of a rule Off Alaska; Pelagic Shelf Rockfish in the Aleutian Islands Management Area’’ entitled ‘‘Airworthiness Directives; McDon- West Yakutat District of the Gulf of Alaska’’ (RIN0648–XB58) received on August 27, 2007; nell Douglas Model DC–9–81, DC–9–82, DC–9– (RIN0648–XB63) received on August 27, 2007; to the Committee on Commerce, Science, 83, DC–9–87, and MD–88 Airplanes’’ ((RIN2120– to the Committee on Commerce, Science, and Transportation. AA64) (Docket No. 2007–NM–103)) received on and Transportation. EC–2869. A communication from the Acting August 3, 2007; to the Committee on Com- EC–2860. A communication from the Acting Director, Office of Sustainable Fisheries, De- merce, Science, and Transportation. Director, Office of Sustainable Fisheries, De- partment of Commerce, transmitting, pursu- EC–2851. A communication from the Pro- partment of Commerce, transmitting, pursu- ant to law, the report of a rule entitled gram Analyst, Federal Aviation Administra- ant to law, the report of a rule entitled ‘‘Fisheries of the Exclusive Economic Zone tion, Department of Transportation, trans- ‘‘Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch in the Cen- mitting, pursuant to law, the report of a rule Off Alaska; Shortraker Rockfish in Statis- tral Aleutian District of the Bering Sea and entitled ‘‘Airworthiness Directives; Reims tical Area 610 of the Gulf of Alaska’’ Aleutian Islands Management Area’’ Aviation S.A. Model F406 Airplanes’’ (RIN0648–XB52) received on August 27, 2007; (RIN0648–XB41) received on August 27, 2007; ((RIN2120–AA64) (Docket No. 2007–CE–002)) to the Committee on Commerce, Science, to the Committee on Commerce, Science, received on August 3, 2007; to the Committee and Transportation. and Transportation. on Commerce, Science, and Transportation. EC–2861. A communication from the Acting EC–2870. A communication from the Acting EC–2852. A communication from the Pro- Director, Office of Sustainable Fisheries, De- Director, Office of Sustainable Fisheries, De- gram Analyst, Federal Aviation Administra- partment of Commerce, transmitting, pursu- partment of Commerce, transmitting, pursu- tion, Department of Transportation, trans- ant to law, the report of a rule entitled ant to law, the report of a rule entitled mitting, pursuant to law, the report of a rule ‘‘Fisheries of the Exclusive Economic Zone ‘‘Fisheries of the Exclusive Economic Zone entitled ‘‘Airworthiness Directives; Dornier Off Alaska; Pacific Ocean Perch in the West Off Alaska; Pacific Ocean Perch in the West Luftfahrt GmbH Model 228 Series Airplanes’’ Yakutat District of the Gulf of Alaska’’ Yakutat District of the Gulf of Alaska’’ ((RIN2120–AA64) (Docket No. 2007–CE–013)) (RIN0648–XB59) received on August 27, 2007; (RIN0648–XB43) received on August 27, 2007; received on August 3, 2007; to the Committee to the Committee on Commerce, Science, to the Committee on Commerce, Science, on Commerce, Science, and Transportation. and Transportation. and Transportation. EC–2853. A communication from the Pro- EC–2862. A communication from the Acting EC–2871. A communication from the Acting gram Analyst, Federal Aviation Administra- Director, Office of Sustainable Fisheries, De- Director, Office of Sustainable Fisheries, De- tion, Department of Transportation, trans- partment of Commerce, transmitting, pursu- partment of Commerce, transmitting, pursu- mitting, pursuant to law, the report of a rule ant to law, the report of a rule entitled ant to law, the report of a rule entitled entitled ‘‘Airworthiness Directives; Robinson ‘‘Closed Area I Scallop Access Area Closure ‘‘Fisheries of the Exclusive Economic Zone Helicopter Company Model R44 and R44 II for General Category Scallop Vessels’’ Off Alaska; Greenland Turbot in the Bering

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2007 CONGRESSIONAL RECORD — SENATE S11051 Sea Subarea of the Bering Sea and Aleutian of Policy, Economics and Innovation, Envi- EC–2888. A communication from the Prin- Islands Management Area’’ (RIN0648–XB51) ronmental Protection Agency, transmitting, cipal Deputy Associate Administrator, Office received on August 27, 2007; to the Com- pursuant to law, the report of a rule entitled of Policy, Economics and Innovation, Envi- mittee on Commerce, Science, and Transpor- ‘‘Approval of Implementation Plans of Ten- ronmental Protection Agency, transmitting, tation. nessee; Clean Air Interstate Rule; Alaska’’ pursuant to law, the report of a rule entitled EC–2872. A communication from the Dep- (FRL No. 8453–6) received on August 11, 2007; ‘‘Approval and Promulgation of Air Quality uty Assistant Administrator for Regulatory to the Committee on Environment and Pub- Implementation Plans; Pennsylvania; Redes- Programs, National Marine Fisheries Serv- lic Works. ignation of the Reading 8-Hour Ozone Non- ice, Department of Commerce, transmitting, EC–2881. A communication from the Prin- attainment Area to Attainment and Ap- pursuant to law, the report of a rule entitled cipal Deputy Associate Administrator, Office proval of the Area’s Maintenance Plan and ‘‘Extension of Emergency Fishery Closure of Policy, Economics and Innovation, Envi- 2002 Base-Year Inventory’’ (FRL No. 8459–3) Due to the Presence of the Toxin that Causes ronmental Protection Agency, transmitting, received on August 27, 2007; to the Com- Paralytic Shellfish Poisoning’’ (RIN0684– pursuant to law, the report of a rule entitled mittee on Environment and Public Works. AT48) received on August 27, 2007; to the ‘‘Determination of Attainment, Approval EC–2889. A communication from the Prin- Committee on Commerce, Science, and and Promulgation of Implementation Plans cipal Deputy Associate Administrator, Office Transportation. and Designation of Areas for Air Quality of Policy, Economics and Innovation, Envi- EC–2873. A communication from the Direc- Planning Purposes; Ohio; Redesignation of ronmental Protection Agency, transmitting, tor, Minerals Management Service, Depart- the Toledo Area 8-Hour Ozone Nonattain- pursuant to law, the report of a rule entitled ment of the Interior, transmitting, pursuant ment Area to Attainment’’ (FRL No. 8451–9) ‘‘Approval and Promulgation of Air Quality to law, a report entitled, ‘‘Estimates of the received on August 11, 2007; to the Com- Implementation Plans; Texas; Shipyard Fa- Natural Gas and Oil Reserves, Reserves mittee on Environment and Public Works. cilities and Provisions for Distance Limita- Growth, and Undiscovered Resources in Fed- EC–2882. A communication from the Prin- tions, Setbacks, and Buffers in Standard Per- cipal Deputy Associate Administrator, Office eral and State Waters off the Coasts of Lou- mits’’ (FRL No. 8460–2) received on August of Policy, Economics and Innovation, Envi- isiana, Texas, Alabama, and Mississippi’’; to 27, 2007; to the Committee on Environment ronmental Protection Agency, transmitting, the Committee on Energy and Natural Re- and Public Works. sources. pursuant to law, the report of a rule entitled f EC–2874. A communication from the Chair- ‘‘Determination of Attainment, Approval man, Federal Energy Regulatory Commis- and Promulgation of Implementation Plans REPORTS OF COMMITTEES and Designation of Areas for Air Quality sion, transmitting, pursuant to law, a report The following reports of committees relative to the Commission’s Inventory of Planning Purposes; Ohio; Redesignation of Commercial and Inherently Governmental the Dayton-Springfield 8-Hour Ozone Non- were submitted: Activities for fiscal year 2007; to the Com- attainment Area to Attainment’’ (FRL No. By Mr. BYRD, from the Committee on Ap- mittee on Energy and Natural Resources. 8452–3) received on August 11, 2007; to the propriations: EC–2875. A communication from the Assist- Committee on Environment and Public Special Report entitled ‘‘Further Revised ant Secretary for Fish and Wildlife and Works. Allocation to Subcommittees of Budget To- Parks, Department of the Interior, transmit- EC–2883. A communication from the Prin- tals from the Concurrent Resolution for Fis- ting, pursuant to law, the report of a rule en- cipal Deputy Associate Administrator, Office cal Year 2008’’ (Rept. No. 110–149). titled ‘‘Regulations to Implement the Cap- of Policy, Economics and Innovation, Envi- By Mr. LIEBERMAN, from the Committee tive Wildlife Safety Act’’ (RIN1018–AT69) re- ronmental Protection Agency, transmitting, on Homeland Security and Governmental Af- ceived on August 11, 2007; to the Committee pursuant to law, the report of a rule entitled fairs, without amendment and with a pre- ‘‘Final Authorization of State Hazardous on Environment and Public Works. amble: EC–2876. A communication from the Chief Waste Management Program Revision’’ (FRL S. Res. 22. A resolution reaffirming the of Management Authority, Fish and Wildlife No. 8451–8) received on August 11, 2007; to the constitutional and statutory protections ac- Service, Department of the Interior, trans- Committee on Environment and Public corded sealed domestic mail, and for other mitting, pursuant to law, the report of a rule Works. purposes. EC–2884. A communication from the Prin- entitled ‘‘Revisions of Regulations Imple- cipal Deputy Associate Administrator, Office f menting the Convention on International of Policy, Economics and Innovation, Envi- Trade in Endangered Species of Wild Fauna REPORTS OF COMMITTEES DURING ronmental Protection Agency, transmitting, and Flora’’ (RIN1018–AD87) received on Au- ADJOURNMENT OF THE SENATE pursuant to law, the report of a rule entitled gust 11, 2007; to the Committee on Environ- ‘‘Operator Training Grant Guidelines for Under the authority of the order of ment and Public Works. States; Solid Waste Disposal Act, Subtitle I, the Senate of August 3, 2007, the fol- EC–2877. A communication from the Prin- as amended by Title XV, Subtitle B of the cipal Deputy Associate Administrator, Office lowing reports of committees were sub- Energy Policy Act of 2005’’ (FRL No. 8451–6) of Policy, Economics and Innovation, Envi- mitted on August 29, 2007: received on August 11, 2007; to the Com- ronmental Protection Agency, transmitting, By Mr. BAUCUS, from the Committee on mittee on Environment and Public Works. pursuant to law, the report of a rule entitled EC–2885. A communication from the Prin- Finance: Report to accompany S.J. Res. 16, A joint ‘‘Approval and Promulgation of Air Quality cipal Deputy Associate Administrator, Office Implementation Plan; Alaska’’ (FRL No. of Policy, Economics and Innovation, Envi- resolution approving the renewal of import 8447–2) received on August 11, 2007; to the ronmental Protection Agency, transmitting, restrictions contained in the Burmese Free- Committee on Environment and Public pursuant to law, the report of a rule entitled dom and Democracy Act of 2003 (Rept. No. Works. ‘‘Pyrasulfotole; Pesticide Tolerance’’ (FRL 110–146). EC–2878. A communication from the Prin- No. 8141–8) received on August 11, 2007; to the By Mr. AKAKA, from the Committee on cipal Deputy Associate Administrator, Office Committee on Environment and Public Veterans’ Affairs, with an amendment in the of Policy, Economics and Innovation, Envi- Works. nature of a substitute and an amendment to ronmental Protection Agency, transmitting, EC–2886. A communication from the Prin- the title: pursuant to law, the report of a rule entitled cipal Deputy Associate Administrator, Office S. 1233. A bill to provide and enhance inter- ‘‘Approval and Promulgation of Air Quality of Policy, Economics and Innovation, Envi- vention, rehabilitative treatment, and serv- Implementation Plans; State of Montana; ronmental Protection Agency, transmitting, ices to veterans with traumatic brain injury, Missoula Carbon Monoxide Redesignation to pursuant to law, the report of a rule entitled and for other purposes (Rept. No. 110–147). Attainment, Designation of Areas for Air ‘‘Approval and Promulgation of Implementa- S. 1315. A bill to amend title 38, United Quality Planning Purposes, and Approval of tion Plans and Designation of Areas for Air States Code, to enhance life insurance bene- Related Revisions’’ (FRL No. 8452–9) received Quality Planning Purposes; Kentucky: Re- fits for disabled veterans, and for other pur- on August 11, 2007; to the Committee on En- designation of the Kentucky Portion of the poses (Rept. No. 110–148). vironment and Public Works. Louisville 8-Hour Ozone Nonattainment Area f EC–2879. A communication from the Prin- to Attainment for Ozone; Technical Amend- cipal Deputy Associate Administrator, Office ment’’ (FRL No. 8460–6) received on August INTRODUCTION OF BILLS AND of Policy, Economics and Innovation, Envi- 27, 2007; to the Committee on Environment JOINT RESOLUTIONS ronmental Protection Agency, transmitting, and Public Works. The following bills and joint resolu- pursuant to law, the report of a rule entitled EC–2887. A communication from the Prin- tions were introduced, read the first ‘‘Approval and Promulgation of Air Quality cipal Deputy Associate Administrator, Office Implementation Plans; Virginia; State Im- of Policy, Economics and Innovation, Envi- and second times by unanimous con- plementation Plan Revision Variance for ronmental Protection Agency, transmitting, sent, and referred as indicated: International Paper, Franklin Paper Mill, pursuant to law, the report of a rule entitled By Mr. LEVIN: Virginia’’ (FRL No. 8452–6) received on Au- ‘‘Approval and Promulgation of Implementa- S. 2016. A bill for the relief of Sopuruchi gust 11, 2007; to the Committee on Environ- tion Plans; New Jersey; Low Emission Vehi- Chukwueke; to the Committee on the Judici- ment and Public Works. cle Program’’ (FRL No. 8441–7) received on ary. EC–2880. A communication from the Prin- August 27, 2007; to the Committee on Envi- By Mr. BINGAMAN (for himself and cipal Deputy Associate Administrator, Office ronment and Public Works. Mr. STEVENS):

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11052 CONGRESSIONAL RECORD — SENATE September 4, 2007 S. 2017. A bill to amend the Energy Policy civilian and military retirees to pay ing World War II, and for other pur- and Conservation Act to provide for national health insurance premiums on a pretax poses. energy efficiency standards for general serv- basis and to allow a deduction for S. 1015 ice incandescent lamps, and for other pur- TRICARE supplemental premiums. poses; to the Committee on Energy and Nat- At the request of Mr. COCHRAN , the ural Resources. S. 790 name of the Senator from Connecticut (Mr. DODD ) was added as a cosponsor of f At the request of Mr. LUGAR , the name of the Senator from Massachu- S. 1015, a bill to reauthorize the Na- ADDITIONAL COSPONSORS setts (Mr. KERRY ) was added as a co- tional Writing Project. S. 60 sponsor of S. 790, a bill to amend the S. 1033 At the request of Mr. INOUYE , the Richard B. Russell National School At the request of Mr. LIEBERMAN , name of the Senator from Ohio (Mr. Lunch Act to permit the simplified the name of the Senator from Vermont BROWN ) was added as a cosponsor of S. summer food programs to be carried (Mr. SANDERS ) was added as a cospon- 60, a bill to amend the Public Health out in all States and by all service in- sor of S. 1033, a bill to assist in the con- Service Act to provide a means for con- stitutions. servation of rare felids and rare canids tinued improvement in emergency S. 819 by supporting and providing financial medical services for children. At the request of Mr. DORGAN , the resources for the conservation pro- S. 65 name of the Senator from Oregon (Mr. grams of nations within the range of At the request of Mr. INHOFE , the WYDEN ) was added as a cosponsor of S. rare felid and rare canid populations name of the Senator from Nebraska 819, a bill to amend the Internal Rev- and projects of persons with dem- (Mr. HAGEL ) was added as a cosponsor enue Code of 1986 to expand tax-free onstrated expertise in the conservation of S. 65, a bill to modify the age-60 distributions from individual retire- of rare felid and rare canid populations. standard for certain pilots and for ment accounts for charitable purposes. S. 1125 other purposes. S. 829 At the request of Mr. LOTT , the name of the Senator from Pennsyl- S. 507 At the request of Ms. MIKULSKI , the vania (Mr. CASEY ) was added as a co- At the request of Mr. CONRAD , the name of the Senator from South Caro- sponsor of S. 1125, a bill to amend the name of the Senator from Oregon (Mr. lina (Mr. GRAHAM ) was added as a co- Internal Revenue Code of 1986 to pro- WYDEN ) was added as a cosponsor of S. sponsor of S. 829, a bill to reauthorize 507, a bill to amend title XVIII of the the HOPE VI program for revitaliza- vide incentives to encourage invest- Social Security Act to provide for re- tion of severely distressed public hous- ment in the expansion of freight rail imbursement of certified midwife serv- ing, and for other purposes. infrastructure capacity and to enhance modal tax equity. ices and to provide for more equitable S. 849 S. 1166 reimbursement rates for certified At the request of Mr. LEAHY , the At the request of Mr. WARNER , the nurse-midwife services. name of the Senator from Oklahoma name of the Senator from Illinois (Mr. S. 561 (Mr. COBURN ) was added as a cosponsor DURBIN ) was added as a cosponsor of S. At the request of Mr. BUNNING , the of S. 849, a bill to promote accessi- 1166, a bill to amend the Internal Rev- name of the Senator from Ohio (Mr. bility, accountability, and openness in enue Code of 1986 to exclude from gross BROWN ) was added as a cosponsor of S. Government by strengthening section income certain zone compensation of 561, a bill to repeal the sunset of the 552 of title 5, United States Code (com- civilian employees of the United Economic Growth and Tax Relief Rec- monly referred to as the Freedom of In- States. onciliation Act of 2001 with respect to formation Act), and for other purposes. S. 1200 the expansion of the adoption credit S. 886 At the request of Mr. DORGAN , the and adoption assistance programs. At the request of Mr. BINGAMAN , the name of the Senator from Michigan S. 582 name of the Senator from Illinois (Mr. (Ms. STABENOW ) was added as a cospon- At the request of Mr. SMITH , the OBAMA ) was added as a cosponsor of S. sor of S. 1200, a bill to amend the In- name of the Senator from Georgia (Mr. 886, a bill to amend chapter 22 of title dian Health Care Improvement Act to ISAKSON ) was added as a cosponsor of 44, United States Code, popularly revise and extend the Act. S. 582, a bill to amend the Internal known as the Presidential Records Act, S. 1246 Revenue Code of 1986 to classify auto- to establish procedures for the consid- At the request of Mr. LIEBERMAN , eration of claims of constitutionally matic fire sprinkler systems as 5-year the name of the Senator from New property for purposes of depreciation. based privilege against disclosure of York (Mrs. CLINTON ) was added as a Presidential records. S. 673 cosponsor of S. 1246, a bill to establish At the request of Mr. SALAZAR , the S. 910 and maintain a wildlife global animal name of the Senator from Minnesota At the request of Mr. KENNEDY , the information network for surveillance (Mr. COLEMAN ) was added as a cospon- name of the Senator from South Da- internationally to combat the growing sor of S. 673, a bill to amend the Inter- kota (Mr. JOHNSON ) was added as a co- threat of emerging diseases that in- nal Revenue Code of 1986 to provide sponsor of S. 910, a bill to provide for volve wild animals, such as bird flu, credits for the installation of wind en- paid sick leave to ensure that Ameri- and for other purposes. ergy property, including by rural cans can address their own health S. 1254 homeowners, farmers, ranchers, and needs and the health needs of their At the request of Ms. MIKULSKI , the small businesses, and for other pur- families. name of the Senator from Michigan poses. S. 959 (Ms. STABENOW ) was added as a cospon- S. 691 At the request of Mrs. CLINTON , the sor of S. 1254, a bill to amend title II of At the request of Mr. CONRAD , the name of the Senator from California the Social Security Act to provide that name of the Senator from South Caro- (Mrs. BOXER ) was added as a cosponsor the reductions in social security bene- lina (Mr. GRAHAM ) was added as a co- of S. 959, a bill to award a grant to en- fits which are required in the case of sponsor of S. 691, a bill to amend title able Teach for America, Inc., to imple- spouses and surviving spouses who are XVIII of the Social Security Act to im- ment and expand its teaching program. also receiving certain government pen- prove the benefits under the Medicare S. 961 sions shall be equal to the amount by program for beneficiaries with kidney At the request of Mr. SPECTER , his which two-thirds of the total amount disease, and for other purposes. name was added as a cosponsor of S. of the combined monthly benefit (be- S. 773 961, a bill to amend title 46, United fore reduction) and monthly pension At the request of Mr. WARNER , the States Code, to provide benefits to cer- exceeds $1,200, adjusted for inflation. name of the Senator from Alabama tain individuals who served in the S. 1306 (Mr. SHELBY ) was added as a cosponsor United States merchant marine (in- At the request of Mr. DURBIN , the of S. 773, a bill to amend the Internal cluding the Army Transport Service names of the Senator from Massachu- Revenue Code of 1986 to allow Federal and the Naval Transport Service) dur- setts (Mr. KERRY ), the Senator from

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2007 CONGRESSIONAL RECORD — SENATE S11053 New York (Mr. SCHUMER), the Senator Secretary of the Interior to conduct sistance to service workers, commu- from Vermont (Mr. SANDERS ) and the special resources study of the Tule nities, firms, and farmers, and for Senator from Michigan (Ms. STABENOW Lake Segregation Center in Modoc other purposes. ) were added as cosponsors of S. 1306, a County, California, to determine suit- S. 1880 bill to direct the Consumer Product ability and feasibility of establishing a At the request of Mr. KERRY , the Safety Commission to classify certain unit of the National Park System. names of the Senator from New Jersey children’s products containing lead to S. 1638 (Mr. LAUTENBERG ) and the Senator be banned hazardous substances. At the request of Mr. LEAHY , the from Illinois (Mr. OBAMA ) were added S. 1328 name of the Senator from Massachu- as cosponsors of S. 1880, a bill to amend At the request of Mr. LEAHY , the setts (Mr. KERRY ) was added as a co- the Animal Welfare Act to prohibit dog names of the Senator from Massachu- sponsor of S. 1638, a bill to adjust the fighting ventures. setts (Mr. KERRY ) and the Senator salaries of Federal justices and judges, S. 1924 from Rhode Island (Mr. WHITEHOUSE ) and for other purposes. At the request of Mr. CARPER , the were added as cosponsors of S. 1328, a S. 1693 names of the Senator from Maine (Ms. bill to amend the Immigration and Na- At the request of Mr. KENNEDY , the COLLINS ), the Senator from Ohio (Mr. tionality Act to eliminate discrimina- name of the Senator from New Hamp- BROWN ) and the Senator from Vermont tion in the immigration laws by per- shire (Mr. SUNUNU ) was added as a co- (Mr. SANDERS ) were added as cospon- mitting permanent partners of United sponsor of S. 1693, a bill to enhance the sors of S. 1924, a bill to amend chapter States citizens and lawful permanent adoption of a nationwide interoperable 81 of title 5, United States Code, to cre- residents to obtain lawful permanent health information technology system ate a presumption that a disability or resident status in the same manner as and to improve the quality and reduce death of a Federal employee in fire pro- spouses of citizens and lawful perma- the costs of health care in the United tection activities caused by any of cer- nent residents and to penalize immi- States. tain diseases is the result of the per- gration fraud in connection with per- S. 1744 formance of such employee’s duty. manent partnerships. At the request of Mrs. BOXER , the S. 1958 S. 1338 names of the Senator from Rhode Is- At the request of Mr. CONRAD , the At the request of Mr. ROCKEFELLER , land (Mr. WHITEHOUSE ) and the Sen- name of the Senator from Kentucky the name of the Senator from New ator from Wisconsin (Mr. FEINGOLD ) (Mr. BUNNING ) was added as a cospon- York (Mrs. CLINTON ) was added as a were added as cosponsors of S. 1744, a sor of S. 1958, a bill to amend title cosponsor of S. 1338, a bill to amend bill to prohibit the application of cer- XVIII of the Social Security Act to en- title XVIII of the Social Security Act tain restrictive eligibility require- sure and foster continued patient qual- to provide for a two-year moratorium ments to foreign nongovernmental or- ity of care by establishing facility and on certain Medicare physician payment ganizations with respect to the provi- patient criteria for long-term care hos- reductions for imaging services. sion of assistance under part I of the pitals and related improvements under S. 1356 Foreign Assistance Act of 1961. the Medicare program. At the request of Mr. BROWN , the S. 1755 S.J. RES. 13 name of the Senator from Illinois (Mr. At the request of Mr. CASEY , the At the request of Mr. LEAHY , the DURBIN ) was added as a cosponsor of S. name of the Senator from Michigan name of the Senator from Vermont 1356, a bill to amend the Federal De- (Ms. STABENOW ) was added as a cospon- (Mr. SANDERS ) was added as a cospon- posit Insurance Act to establish indus- sor of S. 1755, a bill to amend the Rich- sor of S.J. Res. 13, a joint resolution trial bank holding company regulation, ard B. Russell National School Lunch granting the consent of Congress to the and for other purposes. Act to make permanent the summer International Emergency Management S. 1394 food service pilot project for rural Assistance Memorandum of Under- At the request of Ms. STABENOW , the areas of Pennsylvania and apply the standing. names of the Senator from New York program to rural areas of every State. S. RES. 118 (Mr. SCHUMER ) and the Senator from S. 1840 At the request of Mr. LEVIN , the Minnesota (Mr. COLEMAN ) were added At the request of Mrs. CLINTON , the name of the Senator from New Jersey as cosponsors of S. 1394, a bill to amend name of the Senator from Vermont (Mr. LAUTENBERG ) was added as a co- the Internal Revenue Code of 1986, to (Mr. SANDERS ) was added as a cospon- sponsor of S. Res. 118, a resolution urg- exclude from gross income of indi- sor of S. 1840, a bill to amend the Inter- ing the Government of Canada to end vidual taxpayers discharges of indebt- nal Revenue Code of 1986 to provide re- the commercial seal hunt. edness attributable to certain forgiven cruitment and retention incentives for S. RES. 178 residential mortgage obligations. volunteer emergency service workers. At the request of Mr. BINGAMAN , the S. 1398 S. 1843 names of the Senator from Wisconsin At the request of Mr. REID , the name At the request of Mr. KENNEDY , the (Mr. FEINGOLD ) and the Senator from of the Senator from Rhode Island (Mr. name of the Senator from Michigan New Jersey (Mr. MENENDEZ ) were REED ) was added as a cosponsor of S. (Mr. LEVIN ) was added as a cosponsor added as cosponsors of S. Res. 178, a 1398, a bill to expand the research and of S. 1843, a bill to amend title VII of resolution expressing the sympathy of prevention activities of the National the Civil Rights Act of 1964 and the Age the Senate to the families of women Institute of Diabetes and Digestive and Discrimination in Employment Act of and girls murdered in Guatemala, and Kidney Diseases, and the Centers for 1967 to clarify that an unlawful prac- encouraging the United States to work Disease Control and Prevention with tice occurs each time compensation is with Guatemala to bring an end to respect to inflammatory bowel disease. paid pursuant to a discriminatory com- these crimes. S. 1413 pensation decision or other practice, S. RES. 222 At the request of Ms. MIKULSKI , the and for other purposes. At the request of Mrs. CLINTON , the name of the Senator from South Da- S. 1848 name of the Senator from Ohio (Mr. kota (Mr. JOHNSON ) was added as a co- At the request of Mr. BAUCUS , the BROWN ) was added as a cosponsor of S. sponsor of S. 1413, a bill to provide for names of the Senator from Connecticut Res. 222, a resolution supporting the research and education with respect to (Mr. LIEBERMAN ), the Senator from goals and ideals of Pancreatic Cancer uterine fibroids, and for other pur- Louisiana (Ms. LANDRIEU ) and the Sen- Awareness Month. poses. ator from Massachusetts (Mr. KERRY ) S. RES. 305 S. 1476 were added as cosponsors of S. 1848, a At the request of Mr. HARKIN , his At the request of Mrs. FEINSTEIN , the bill to amend the Trade Act of 1974 to name was withdrawn as a cosponsor of name of the Senator from Washington address the impact of globalization, to S. Res. 305, a resolution to express the (Mrs. MURRAY ) was added as a cospon- reauthorize trade adjustment assist- sense of the Senate regarding the Medi- sor of S. 1476, a bill to authorize the ance, to extend trade adjustment as- care national coverage determination

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11054 CONGRESSIONAL RECORD — SENATE September 4, 2007 on the treatment of anemia in cancer The bill seeks to help consumers Sec. 104. General rule of preemption for en- patients. make their lighting purchasing deci- ergy conservation standards be- fore Federal standard becomes f sions based on lifecycle cost, lamp life- time and lighting quality by improving effective for a product. STATEMENTS ON INTRODUCED Sec. 105. Prohibited acts. the labeling requirements for light BILLS AND JOINT RESOLUTIONS Sec. 106. Enforcement. bulbs. In addition, the Secretary of En- Sec. 107. Research and development pro- By Mr. BINGAMAN (for himself ergy, in cooperation with EPA, Com- gram. and Mr. STEVENS): merce, and the FTC is required to pro- Sec. 108. Report on mercury use and release. S. 2017. A bill. to amend the Energy vide an annual assessment of the mar- TITLE II—STANDARDS FOR METAL Policy and Conservation Act to provide ket for general service lamps and com- HALIDE LAMP FIXTURES for national energy efficiency stand- pact fluorescents. The Secretary is also Sec. 201. Definitions. ards for general service incandescent required to work with the lighting in- Sec. 202. Coverage. lamps, and for other purposes; to the dustry, utilities and other parties to Sec. 203. Test procedures. Committee on Energy and Natural Re- carry out a national consumer aware- Sec. 204. Labeling. sources. ness program to help consumers make Sec. 205. Energy conservation standards. Sec. 206. Effect on other law. Mr. BINGAMAN. Mr. President, I rise energy efficient lighting choices. today to introduce legislation that will SEC. 2. FINDINGS. Many of the provisions in my bill Congress finds that— transform the lighting market in the were hammered out in negotiations be- U.S. (1) there are approximately 4,000,000,000 tween major lighting manufacturers screw-based sockets in the United States Beginning in 2012 and continuing and efficiency advocates. In fact, Phil- that contain traditional, energy-inefficient, through 2014, the current 40, 60, 75, and ips Lighting was the initiator of the incandescent light bulbs; 100 watt incandescent bulbs will be negotiations on phasing out inefficient (2) incandescent light bulbs are based on phased out and replaced by lower watt- incandescent lamps, and Osram Syl- technology that is more than 125 years old; age bulbs that produce the equivalent vania and General Electric were ac- and amount of light. For example, bulbs (3) it is in the national interest to encour- tively engaged in the process. Many ef- age the use of more energy-efficient lighting that currently consume 100 watts of ficiency advocates participated in the electricity would be just as bright but products in the market through energy con- negotiations including the Alliance to servation standards that become effective would consume only 72 watts of elec- Save Energy, ACEEE, and NRDC. The during the 8-year period beginning on the tricity. negotiators made a great deal of date of enactment of this Act and— By 2014, the traditional incandescent progress but were unfortunately unable (A) establish the efficiency requirements light bulbs found in approximately 4 to reach consensus on all of the issues to ensure that replacement lamps will pro- billion U.S. light sockets will be vir- involved before the energy bill was vide consumers with the same quantity of light while using significantly less energy; tually obsolete. Their 125 year old tech- considered by the Senate. nology will be replaced by new tech- (B) ensure that consumers will continue to My bill sets forth a reasonable proc- have multiple product choices, including en- nologies such as LEDS, light emitting ess that will save a significant amount diodes, halogen incandescent bulbs, im- ergy-saving halogen, incandescent, compact of energy and also allow manufacturers fluorescent, and LED light bulbs; and proved compact fluorescent lamps and to plan for and implement major (C) work with industry and key stake- higher efficiency incandescent bulbs. changes in an orderly way. The House holders on measures that can assist con- When fully implemented, the new ef- energy bill includes a similar lighting sumers and businesses in making the impor- ficiency standards for incandescent provision authored by Representatives tant transition to more efficient lighting. lighting will save 65 billion kilowatt SEC. 3. DEFINITION OF SECRETARY. HARMAN and UPTON. hours of electricity per year. This is I intend to hold a hearing on this leg- In this Act, the term ‘‘Secretary’’ means the equivalent of shutting down 24 new the Secretary of Energy. islation next week. I hope that what we 500 mw coal plants a year and would learn at the hearing will facilitate TITLE I—GENERAL SERVICE save consumers almost $6 billion a year INCANDESCENT LAMPS reaching a consensus on efficient light- in electricity costs. The light bulb ing standards during the House-Senate SEC. 101. ENERGY EFFICIENCY STANDARDS FOR standards will save nearly as much en- GENERAL SERVICE INCANDESCENT conference H.R. 6, the energy bill. We ergy as of the Federal appliance stand- LAMPS. must take action to assure that the po- ards from 1987 to 2000. Energy savings (a) DEFINITION OF GENERAL SERVICE INCAN- tential energy savings from these DESCENT LAMP.—Section 321(30) of the En- from this one standard are two to three standards become a reality. ergy Policy and Conservation Act (42 U.S.C. times larger than savings from any Mr. President, I ask unanimous con- 6291(30)) is amended— other single appliance standard. Unlike sent that the text of the bill be printed (1) by striking subparagraph (D) and in- the energy savings from longer-lived serting the following: in the RECORD. appliances which are replaced on a 10 ‘‘(D) GENERAL SERVICE INCANDESCENT to 15 year cycle, the full savings from There being no objection, the text of LAMP.— efficient light bulbs will roll in much the bill was ordered to be printed in ‘‘(i) IN GENERAL.—The term ‘general serv- sooner, about 1 to 3 years after enact- the RECORD, as follows: ice incandescent lamp’ means a standard in- S. 2017 candescent or halogen type lamp that— ment. ‘‘(I) is intended for general service applica- My legislation requires the Secretary Be it enacted by the Senate and House of Rep- tions; of Energy to conduct two additional resentatives of the United States of America in ‘‘(II) has a medium screw base; rulemakings to consider imposing Congress assembled, ‘‘(III) has a lumen range of not less than more stringent efficiency standards for SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 200 lumens and not more than 3,000 lumens; lighting. The secretary is required to (a) SHORT TITLE.—This Act may be cited as ‘‘(IV) has a voltage range at least partially consider a standard of 45 lumens per the ‘‘Energy Efficient Lighting for a Bright- within 110 and 130 volts; watt in the first rulemaking and to er Tomorrow Act of 2007’’. ‘‘(V) has an A–15, A–19, A–21, A–23, A–25, (b) TABLE OF CONTENTS.—The table of con- PS–25, PS–30, BT–14.5, BT–15, CP–19, TB–19, adopt that standard or an alternative tents of this Act is as follows: CA–22, or equivalent shape (as defined in standard that results in equivalent or ANSI C78.20–2003); and greater energy savings. If the Sec- Sec. 1. Short title; table of contents. Sec. 2. Findings. ‘‘(VI) has a bulb finish of the frosted, clear, retary fails adopt a standard with the Sec. 3. Definition of Secretary. soft white, or modified spectrum type. equivalent savings or fails to complete ‘‘(ii) EXCLUSIONS.—The term ‘general serv- the first rulemaking on time, a 45 TITLE I—GENERAL SERVICE ice incandescent lamp’ does not include the INCANDESCENT LAMPS lumens per watt standard will become following incandescent lamps: effective in 2020. Sec. 101. Energy efficiency standards for ‘‘(I) An appliance lamp. general service incandescent The legislation also includes detailed ‘‘(II) A black light lamp. lamps. ‘‘(III) A bug lamp. provisions aimed at preventing unscru- Sec. 102. Consumer education and lamp la- ‘‘(IV) A colored lamp. pulous manufacturers from finding beling. ‘‘(V) An infrared lamp. ways to avoid the efficiency regula- Sec. 103. Market assessments and consumer ‘‘(VI) A left-hand thread lamp. tions. awareness program. ‘‘(VII) A marine lamp.

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2007 CONGRESSIONAL RECORD — SENATE S11055 ‘‘(VIII) A marine signal service lamp. ‘‘(I) has a color point with (x,y) chroma- ‘‘(II) marketing materials that identify the ‘‘(IX) A mine service lamp. ticity coordinates on the Commission Inter- lamp as being shatter-resistant, shatter- ‘‘(X) A plant light lamp. nationale de l’Eclairage (C.I.E.) 1931 chroma- proof, or shatter-protected. ‘‘(XI) A reflector lamp. ticity diagram that lies below the black- ‘‘(AA) VIBRATION SERVICE LAMP.—The term ‘‘(XII) A rough service lamp. body locus; and ‘vibration service lamp’ means a lamp that— ‘‘(XIII) A shatter-resistant lamp (including ‘‘(II) has a color point with (x,y) chroma- ‘‘(i) has filament configurations that are a shatter-proof lamp and a shatter-protected ticity coordinates on the C.I.E. 1931 chroma- similar to but not limited to C–5, C–7A, or C– lamp). ticity diagram that lies at least 4 MacAdam 9, as listed in Figure 6–12 of the 9th Edition ‘‘(XIV) A sign service lamp. steps (as referenced in IESNA LM16) distant of the IESNA Lighting Handbook; ‘‘(XV) A silver bowl lamp. from the color point of a clear lamp with the ‘‘(XVI) A showcase lamp. same filament and bulb shape, operated at ‘‘(ii) has a maximum wattage of 60 watts; ‘‘(XVII) A 3-way incandescent lamp. the same rated voltage and wattage. ‘‘(iii) is sold at retail in packages of 4 ‘‘(XVIII) A traffic signal lamp. ‘‘(X) ROUGH SERVICE LAMP.—The term lamps or less; and ‘‘(XIX) A vibration service lamp.’’; and ‘rough service lamp’ means a lamp that— ‘‘(iv) is designated and marketed specifi- (2) by adding at the end the following: ‘‘(i) has a minimum of 5 supports with fila- cally for vibration service or vibration-re- ‘‘(T) APPLIANCE LAMP.—The term ‘appli- ment configurations similar to but not lim- sistant applications, with— ance lamp’ means any lamp that— ited to C–7A, C–11, C–17, and C–22 as listed in ‘‘(I) the designation appearing on the lamp ‘‘(i) is specifically designed to operate in a Figure 6–12 of the 9th edition of the IESNA packaging; and household appliance, has a maximum watt- Lighting handbook, where lead wires are not ‘‘(II) marketing materials that identify the age of 40 watts, and is sold at retail, includ- counted as supports; and lamp as being vibration service only.’’. ing an oven lamp, refrigerator lamp, and vac- ‘‘(ii) is designated and marketed specifi- (b) COVERAGE.—Section 322(a)(14) of the En- uum cleaner lamp; and cally for ‘rough service’ applications, with— ‘‘(ii) is designated and marketed for the in- ‘‘(I) the designation appearing on the lamp ergy Policy and Conservation Act (42 U.S.C. tended application, with— packaging; and 6292(a)(14)) is amended by inserting ‘‘, gen- ‘‘(I) the designation on the lamp pack- ‘‘(II) marketing materials that identify the eral service incandescent lamps,’’ after ‘‘flu- aging; and lamp as being for rough service. orescent lamps’’. ‘‘(II) marketing materials that identify the ‘‘(Y) 3-WAY INCANDESCENT LAMP.—The term (c) ENERGY CONSERVATION STANDARDS.— lamp as being for appliance use. ‘3-way incandescent lamp’ includes an incan- Section 325 of the Energy Policy and Con- ‘‘(U) CANDELABRA BASE INCANDESCENT descent lamp that— LAMP.—The term ‘candelabra base incandes- ‘‘(i) employs 2 filaments, operated sepa- servation Act (42 U.S.C. 6295) is amended— cent lamp’ means a lamp that uses can- rately and in combination, to provide 3 light (1) in subsection (i)— delabra screw base as described in ANSI levels; and (A) in the section heading, by inserting ‘‘, C81.61–2006, Specifications for Electric Bases, ‘‘(ii) is designated on the lamp packaging GENERAL SERVICE INCANDESCENT LAMPS, IN- common designations E11 and E12. and marketing materials as being a 3-way in- TERMEDIATE BASE INCANDESCENT LAMPS, CAN- ‘‘(V) INTERMEDIATE BASE INCANDESCENT candescent lamp. DELABRA BASE INCANDESCENT LAMPS,’’ after LAMP.—The term ‘intermediate base incan- ‘‘(Z) SHATTER-RESISTANT LAMP, SHATTER- ‘‘FLUORESCENT LAMPS’’; descent lamp’ means a lamp that uses an in- PROOF LAMP, OR SHATTER-PROTECTED LAMP.— (B) in paragraph (1)— termediate screw base as described in ANSI The terms ‘shatter-resistant lamp’, ‘shatter- (i) in subparagraph (A)— C81.61–2006, Specifications for Electric Bases, proof lamp’, and ‘shatter-protected lamp’ (I) by inserting ‘‘, general service incandes- common designation E17. mean a lamp that— cent lamps, intermediate base incandescent ‘‘(W) MODIFIED SPECTRUM.—The term ‘‘(i) has a coating or equivalent technology lamps, candelabra base incandescent lamps,’’ ‘modified spectrum’ means, with respect to that is compliant with NSF/ANSI 51 and is after ‘‘fluorescent lamps’’; an incandescent lamp, an incandescent lamp designed to contain the glass if the glass en- (II) by inserting ‘‘, new maximum watt- that— velope of the lamp is broken; and age,’’ after ‘‘lamp efficacy’’; and ‘‘(i) is not a colored incandescent lamp; ‘‘(ii) is designated and marketed for the in- and tended application, with— (III) by inserting after the table entitled ‘‘(ii) when operated at the rated voltage ‘‘(I) the designation on the lamp pack- ‘‘INCANDESCENT REFLECTOR LAMPS’’ the fol- and wattage of the incandescent lamp— aging; and lowing: ‘‘CLEAR, INSIDE FROST, AND SOFT WHITE GENERAL SERVICE INCANDESCENT LAMPS

Min- Maximum imum Effective Rated Lumen Ranges Rate Wattage Rate Date Lifetime

1490–2600 72 1,000 hrs 1/1/2012 1010–1489 53 1,000 hrs 1/1/2013 730–1009 43 1,000 hrs 1/1/2014 310–729 29 1,000 hrs 1/1/2014

‘‘MODIFIED SPECTRUM GENERAL SERVICE INCANDESCENT LAMPS

Min- Maximum imum Effective Rated Lumen Ranges Rate Wattage Rate Date Lifetime

1118–1950 72 1,000 hrs 1/1/2012 758–1117 53 1,000 hrs 1/1/2013 548–757 43 1,000 hrs 1/1/2014 232–547 29 1,000 hrs 1/1/2014’’

; and ‘‘(IV) has no external bulb or a bulb of the ‘‘(i) CANDELABRA BASE INCANDESCENT (ii) by striking subparagraph (B) and in- frosted, clear, soft white, or modified spec- LAMPS.—A candelabra base incandescent serting the following: trum type; and lamp shall not exceed 60 rated watts. ‘‘(B) COLOR RENDERING INDEX.— ‘‘(V) is manufactured or imported after De- ‘‘(ii) INTERMEDIATE BASE INCANDESCENT ‘‘(i) APPLICATION.—This subparagraph ap- cember 31, 2011. LAMPS.—An intermediate base incandescent plies to each lamp that— ‘‘(ii) REQUIREMENT.—For purposes of this lamp shall not exceed 40 rated watts. ‘‘(I) is intended for a general service or paragraph, each lamp described in clause (i) ‘‘(D) EXEMPTIONS.— general illumination application (whether shall have a color rendering index that is ‘‘(i) PETITION.—Any person may petition incandescent or not); greater than or equal to— the Secretary for an exemption for a type of ‘‘(II) has a medium screw base; ‘‘(I) 80 for frosted, clear, and soft white general service lamp from the requirements ‘‘(III) has a voltage range that is at least lamps; or of this subsection. ‘‘(II) 75 for modified spectrum lamps. ‘‘(ii) CRITERIA.—The Secretary may grant partially within 110 and 130 volts; ‘‘(C) CANDELABRA INCANDESCENT LAMPS AND an exemption under clause (i) only to the ex- INTERMEDIATE BASE INCANDESCENT LAMPS.— tent that the Secretary finds, after a hearing-

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and opportunity for public comment, that it than 3 years after the date on which the final ‘‘(i) IN GENERAL.—Effective for each of cal- is not technically feasible to serve a special- rule is published. endar years 2010 through 2025, the Secretary, ized lighting application (such as a military, ‘‘(iv) PHASED-IN EFFECTIVE DATES.—The in consultation with the National Electrical medical, public safety, or certified historic Secretary shall consider phased-in effective Manufacturers Association, shall— lighting application) using a lamp that dates under this subparagraph after consid- ‘‘(I) collect actual United States unit sales meets the requirements of this subsection. ering— data for each of 5 types of lamps described in ‘‘(iii) ADDITIONAL CRITERION.—To grant an ‘‘(I) the impact of any amendment on man- subparagraph (A); and exemption for a product under this subpara- ufacturers, retiring and repurposing existing ‘‘(II) not later than 90 days after the end of graph, the Secretary shall include, as an ad- equipment, stranded investments, labor con- each calendar year, compare the lamp sales ditional criterion, that the exempted product tracts, workers, and raw materials; and in that year with the sales predicted by the is unlikely to be used in a general service ‘‘(II) the time needed to work with retail- comparison benchmark for each of the 5 lighting application. ers and lighting designers to revise sales and types of lamps described in subparagraph ‘‘(E) EXTENSION OF COVERAGE.— marketing strategies. (A). ‘‘(i) PETITION.—Any person may petition ‘‘(v) BACKSTOP REQUIREMENT.—If the Sec- ‘‘(ii) CONTINUATION OF TRACKING.— the Secretary to establish standards for retary fails to complete a rulemaking in ac- ‘‘(I) DETERMINATION.—Not later than Janu- lamp types that are excluded from the defi- cordance with clauses (i) through (iv) or if ary 1, 2023, the Secretary shall determine if nition of general service lamps. the final rule does not produce savings that actual sales data should be tracked for the are greater than or equal to the savings from lamp types described in subparagraph (A) ‘‘(ii) INCREASED SALES OF EXEMPTED a minimum efficacy standard of 45 lumens after calender year 2025. LAMPS.—The petition shall include evidence per watt, effective beginning January 1, 2020, ‘‘(II) CONTINUATION.—If the Secretary finds that the availability or sales of exempted in- the Secretary shall prohibit the sale of any that the market share of a lamp type de- candescent lamps have increased signifi- general service lamp that emits less than 300 scribed in subparagraph (A) could signifi- cantly since the date on which the standards percent of the average lumens per watt emit- cantly erode the market share for general on general service incandescent lamps were ted by a 100-watt incandescent general serv- service lamps, the Secretary shall continue established. ice lamp that is commercially available on to track the actual sales data for the lamp ‘‘(iii) CRITERIA.—The Secretary shall grant the date of enactment of this clause. type. a petition under clause (i) if the Secretary ‘‘(B) RULEMAKING BEFORE JANUARY 1, 2020.— ‘‘(D) ROUGH SERVICE LAMPS.— finds that the petition presents evidence ‘‘(i) IN GENERAL.—Not later than January 1, ‘‘(i) IN GENERAL.—Effective beginning with that (assuming no other evidence is consid- 2020, the Secretary shall initiate a rule- the first year that the reported annual sales ered) demonstrates that sales of exempted making procedure to determine whether— rate for rough service lamps demonstrates incandescent lamp types have increased sig- ‘‘(I) standards in effect for general service actual unit sales of rough service lamps that nificantly since the standards on general incandescent lamps should be amended to re- achieve levels that are at least 100 percent service lamps were established and are being flect lumen ranges with more stringent max- higher than modeled unit sales for that same widely used in general lighting applications. imum wattage than the standards specified year, the Secretary shall— ‘‘(iv) NO PRESUMPTION.—The grant of a pe- in paragraph (1)(A); and ‘‘(I) not later than 90 days after the end of tition under this subparagraph shall create ‘‘(II) the exemptions for certain incandes- the previous calendar year, issue a finding no presumption with respect to the deter- cent lamps should be maintained or discon- that the index has been exceeded; and mination of the Secretary with respect to tinued. ‘‘(II) not later than the date that is 1 year any criteria under a rulemaking conducted ‘‘(ii) SCOPE.—The rulemaking shall not be after the end of the previous calendar year, under this section. limited to incandescent lamp technologies. complete an accelerated rulemaking to es- ‘‘(v) EXPEDITED PROCEEDING.—If the Sec- ‘‘(iii) AMENDED STANDARDS.—If the Sec- tablish an energy conservation standard for retary grants a petition for a lamp type retary determines that the standards in ef- rough service lamps. under this subparagraph, the Secretary fect for general service incandescent lamps ‘‘(ii) BACKSTOP REQUIREMENT.—If the Sec- shall— should be amended, the Secretary shall pub- retary fails to complete an accelerated rule- ‘‘(I) conduct a rulemaking to determine lish a final rule not later than January 1, making in accordance with clause (i)(II), ef- standards for the exempted lamp type; and 2022, with an effective date that is not earlier fective beginning 1 year after the date of the ‘‘(II) complete the rulemaking not later than 3 years after the date on which the final issuance of the finding under clause (i)(I), than 18 months after the date on which no- rule is published. the Secretary shall require rough service tice is provided granting the petition. ‘‘(iv) PHASED-IN EFFECTIVE DATES.—The lamps to— ‘‘(F) DEFINITION OF EFFECTIVE DATE.—In Secretary shall consider phased-in effective ‘‘(I) have a shatter-proof coating or equiva- this paragraph, except as otherwise provided dates under this subparagraph after consid- lent technology that is compliant with NSF/ in a table contained in subparagraph (A), the ering— ANSI 51 and is designed to contain the glass term ‘effective date’ means the last day of ‘‘(I) the impact of any amendment on man- if the glass envelope of the lamp is broken the month specified in the table that follows ufacturers, retiring and repurposing existing and to provide effective containment over October 24, 1992.’’; equipment, stranded investments, labor con- the life of the lamp; (C) in paragraph (5), in the first sentence, tracts, workers, and raw materials; and ‘‘(II) have a maximum 40-watt limitation; by striking ‘‘and general service incandes- ‘‘(II) the time needed to work with retail- and cent lamps’’; ers and lighting designers to revise sales and ‘‘(III) be sold at retail only in a package (D) by redesignating paragraphs (6) and (7) marketing strategies.’’; and containing 1 lamp. as paragraphs (7) and (8), respectively; and (2) in subsection (l), by adding at the end ‘‘(E) VIBRATION SERVICE LAMPS.— (E) by inserting after paragraph (5) the fol- the following: ‘‘(i) IN GENERAL.—Effective beginning with lowing: ‘‘(4) ENERGY EFFICIENCY STANDARDS FOR the first year that the reported annual sales ‘‘(6) STANDARDS FOR GENERAL SERVICE IN- CERTAIN LAMPS.— rate for vibration service lamps dem- CANDESCENT LAMPS.— ‘‘(A) IN GENERAL.—The Secretary shall pre- onstrates actual unit sales of vibration serv- ‘‘(A) RULEMAKING BEFORE JANUARY 1, 2015.— scribe an energy efficiency standard for ice lamps that achieve levels that are at ‘‘(i) IN GENERAL.—Not later than January 1, rough service lamps, vibration service lamps, least 100 percent higher than modeled unit 2015, the Secretary shall initiate a rule- 3-way incandescent lamps, 150-watt general sales for that same year, the Secretary making procedure to determine whether— service incandescent lamps, and shatter-re- shall— ‘‘(I) standards in effect for general service sistant lamps only in accordance with this ‘‘(I) not later than 90 days after the end of incandescent lamps should be amended to es- paragraph. the previous calendar year, issue a finding tablish more stringent maximum wattage ‘‘(B) BENCHMARKS.—Not later than 1 year that the index has been exceeded; and than the standards specified in paragraph after the date of enactment of this para- ‘‘(II) not later than the date that is 1 year (1)(A); and graph, the Secretary, in consultation with after the end of the previous calendar year, ‘‘(II) the exemptions for certain incandes- the National Electrical Manufacturers Asso- complete an accelerated rulemaking to es- cent lamps should be maintained or discon- ciation, shall— tablish an energy conservation standard for tinued. ‘‘(i) collect actual data for United States vibration service lamps. ‘‘(ii) SCOPE.—The rulemaking— unit sales for each of calendar years 1990 ‘‘(ii) BACKSTOP REQUIREMENT.—If the Sec- ‘‘(I) shall not be limited to incandescent through 2006 for each of the 5 types of lamps retary fails to complete an accelerated rule- lamp technologies; and described in subparagraph (A) to determine making in accordance with clause (i)(II), ef- ‘‘(II) shall include consideration of a min- the historical growth rate of the type of fective beginning 1 year after the date of the imum efficacy standard of 45 lumens per lamp; and issuance of the finding under clause (i)(I), watt. ‘‘(ii) construct a model for each type of the Secretary shall require vibration service ‘‘(iii) AMENDED STANDARDS.—If the Sec- lamp based on coincident economic indica- lamps to— retary determines that the standards in ef- tors that closely match the historical annual ‘‘(I) have a maximum 40-watt limitation; fect for general service incandescent lamps growth rate of the type of lamp to provide a and should be amended, the Secretary shall pub- neutral comparison benchmark to model fu- ‘‘(II) be sold at retail only in a package lish a final rule not later than January 1, ture unit sales after calendar year 2006. containing 1 lamp. 2017, with an effective date that is not earlier ‘‘(C) ACTUAL SALES DATA.— ‘‘(F) 3-WAY INCANDESCENT LAMPS.—

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‘‘(i) IN GENERAL.—Effective beginning with ‘‘(II) a requirement that those lamps be (3) in cooperation with industry trade asso- the first year that the reported annual sales sold at retail only in a package containing 1 ciations, lighting industry members, utili- rate for 3-way incandescent lamps dem- lamp. ties, and other interested parties, carry out onstrates actual unit sales of 3-way incan- ‘‘(I) RULEMAKINGS BEFORE JANUARY 1, 2025.— a proactive national program of consumer descent lamps that achieve levels that are at ‘‘(i) IN GENERAL.—Except as provided in awareness, information, and education that least 100 percent higher than modeled unit clause (ii), if the Secretary issues a final rule broadly uses the media and other effective sales for that same year, the Secretary prior to January 1, 2025, establishing an en- communication techniques over an extended shall— ergy conservation standard for any of the 5 period of time to help consumers understand ‘‘(I) not later than 90 days after the end of types of lamps for which data collection is the lamp labels and make energy-efficient the previous calendar year, issue a finding required under any of subparagraphs (D) lighting choices that meet the needs of con- that the index has been exceeded; and through (G), the requirement to collect and sumers. ‘‘(II) not later than the date that is 1 year model data for that type of lamp shall termi- (b) AUTHORIZATION OF APPROPRIATIONS.— nate unless, as part of the rulemaking, the after the end of the previous calendar year, There is authorized to be appropriated to Secretary determines that continued track- complete an accelerated rulemaking to es- carry out this section $10,000,000 for each of ing is necessary. tablish an energy conservation standard for fiscal years 2009 through 2012. ‘‘(ii) BACKSTOP REQUIREMENT.—If the Sec- 3-way incandescent lamps. SEC. 104. GENERAL RULE OF PREEMPTION FOR retary imposes a backstop requirement as a ENERGY CONSERVATION STAND- ‘‘(ii) BACKSTOP REQUIREMENT.—If the Sec- result of a failure to complete an accelerated ARDS BEFORE FEDERAL STANDARD retary fails to complete an accelerated rule- rulemaking in accordance with clause (i)(II) BECOMES EFFECTIVE FOR A PROD- making in accordance with clause (i)(II), ef- of any of subparagraphs (D) through (G), the UCT. fective beginning 1 year after the date of requirement to collect and model data for Section 327(b)(1) of the Energy Policy and issuance of the finding under clause (i)(I), the applicable type of lamp shall continue Conservation Act (42 U.S.C. 6297(b)(1)) is the Secretary shall require that— for an additional 2 years after the effective amended— ‘‘(I) each filament in a 3-way incandescent date of the backstop requirement.’’. (1) by inserting ‘‘(A)’’ after ‘‘(1)’’; lamp meet the new maximum wattage re- SEC. 102. CONSUMER EDUCATION AND LAMP LA- (2) by inserting ‘‘or’’ after the semicolon at quirements for the respective lumen range BELING. the end; and established under subsection (i)(1)(A); and Section 324(a)(2)(C) of the Energy Policy (3) by adding at the end the following: ‘‘(II) 3-way lamps be sold at retail only in and Conservation Act (42 U.S.C. 6294(a)(2)(C)) ‘‘(B) in the case of any portion of any regu- a package containing 1 lamp. is amended by adding at the end the fol- lation that establishes requirements for gen- ‘‘(G) 150-WATT GENERAL SERVICE INCANDES- lowing: eral service incandescent lamps, inter- CENT LAMPS.— ‘‘(iii) RULEMAKING TO CONSIDER EFFECTIVE- mediate base incandescent lamps, or can- ‘‘(i) IN GENERAL.—Effective beginning with NESS OF LAMP LABELING.— delabra base lamps, was enacted or adopted the first year that the reported annual sales ‘‘(I) IN GENERAL.—Not later than 1 year before the date of enactment of this subpara- rate demonstrates actual unit sales of 150- after the date of enactment of this clause, graph, except that— watt general service incandescent lamps in the Commission shall initiate a rulemaking ‘‘(i) the regulation shall only be effective the lumen range of 2,601 through 3,300 lumens to consider— until the effective date of the Federal stand- (or, in the case of a modified spectrum, in ‘‘(aa) the effectiveness of current lamp la- ard for the applicable lamp category under the lumen range of 1,951 through 2,475 beling for power levels or watts, light output subparagraphs (A), (B), and (C) of section lumens) that achieve levels that are at least or lumens, and lamp lifetime; and 325(i)(1); and 100 percent higher than modeled unit sales ‘‘(bb) alternative labeling approaches that ‘‘(ii) a State may, at any time, modify or for that same year, the Secretary shall— will help consumers to understand new high- adopt a State standard for general service ‘‘(I) not later than 90 days after the end of efficiency lamp products and to base the pur- lamps to conform with Federal standards the previous calendar year, issue a finding chase decisions of the consumers on the most and effective dates.’’. that the index has been exceeded; and appropriate source that meets the require- SEC. 105. PROHIBITED ACTS. ‘‘(II) not later than the date that is 1 year ments of the consumers for lighting level, Section 332(a) of the Energy Policy and after the end of the previous calendar year, light quality, lamp lifetime, and total Conservation Act (42 U.S.C. 6302(a)) is complete an accelerated rulemaking to es- lifecycle cost. amended— tablish an energy conservation standard for ‘‘(II) COMPLETION.—The Commission shall— (1) in paragraph (4), by striking ‘‘or’’ at the those 150-watt general service incandescent ‘‘(aa) complete the rulemaking not later end; lamps. than the date that is 30 months after the (2) in paragraph (5), by striking the period ‘‘(ii) BACKSTOP REQUIREMENT.—If the Sec- date of enactment of this clause; and at the end and inserting ‘‘; or’’; and retary fails to complete an accelerated rule- ‘‘(bb) consider reopening the rulemaking (3) by adding at the end the following: making in accordance with clause (i)(II), ef- not later than 180 days before the effective ‘‘(6) for any manufacturer, distributor, re- fective beginning 1 year after the date of dates of the standards for general service in- tailer, or private labeler to distribute in issuance of the finding under clause (i)(I), candescent lamps established under section commerce an adapter that— the Secretary shall impose— 325(i)(1)(A), if the Commission determines ‘‘(A) is designed to allow an incandescent ‘‘(I) a maximum 95-watt limitation on gen- that further labeling changes are needed to lamp that does not have a medium screw eral service incandescent lamps in the lumen help consumers understand lamp alter- base to be installed into a fixture or range of 2,601 through 3,300 lumens; and natives.’’. lampholder with a medium screw base sock- ‘‘(II) a requirement that those lamps be SEC. 103. MARKET ASSESSMENTS AND CON- et; and SUMER AWARENESS PROGRAM. sold at retail only in a package containing 1 ‘‘(B) has a voltage range that includes 110 (a) IN GENERAL.—In cooperation with the lamp. and 130 volts.’’. Administrator of the Environmental Protec- ‘‘(H) SHATTER-RESISTANT LAMPS.— tion Agency, the Secretary of Commerce, the SEC. 106. ENFORCEMENT. ‘‘(i) IN GENERAL.—Effective beginning with Federal Trade Commission, lighting and re- Section 334 of the Energy Policy and Con- the first year that the reported annual sales tail industry associations, energy efficiency servation Act (42 U.S.C. 6304) is amended by rate for shatter-resistant lamps dem- organizations, and any other entities that inserting after the second sentence the fol- onstrates actual unit sales of shatter-resist- the Secretary determines to be appropriate, lowing: ‘‘Any such action to restrain any ant lamps that achieve levels that are at the Secretary shall— person from distributing in commerce a gen- least 100 percent higher than modeled unit (1) conduct an annual assessment of the eral service incandescent lamp that does not sales for that same year, the Secretary market for general service lamps and com- comply with the applicable standard estab- shall— pact fluorescent lamps to— lished under section 325(i) or an adapter pro- ‘‘(I) not later than 90 days after the end of (A) identify trends in the market shares of hibited under section 332(a)(6) may also be the previous calendar year, issue a finding lamp types, efficiencies, and light output brought by the attorney general of a State in that the index has been exceeded; and levels purchased by residential and nonresi- the name of the State.’’. ‘‘(II) not later than the date that is 1 year dential consumers; and SEC. 107. RESEARCH AND DEVELOPMENT PRO- after the end of the previous calendar year, (B) better understand the degree to which GRAM. complete an accelerated rulemaking to es- consumer decisionmaking is based on lamp (a) IN GENERAL.—The Secretary may carry tablish an energy conservation standard for power levels or watts, light output or out a lighting technology research and devel- shatter-resistant lamps. lumens, lamp lifetime, and other factors, in- opment program— ‘‘(ii) BACKSTOP REQUIREMENT.—If the Sec- cluding information required on labels man- (1) to support the research, development, retary fails to complete an accelerated rule- dated by the Federal Trade Commission; demonstration, and commercial application making in accordance with clause (i)(II), ef- (2) provide the results of the market as- of lamps and related technologies sold, of- fective beginning 1 year after the date of sessment to the Federal Trade Commission fered for sale, or otherwise made available in issuance of the finding under clause (i)(I), for consideration in the rulemaking de- the United States; and the Secretary shall impose— scribed in section 324(a)(2)(C)(iii) of the En- (2) to assist manufacturers of general serv- ‘‘(I) a maximum wattage limitation of 40 ergy Policy and Conservation Act (42 U.S.C. ice lamps in the manufacturing of general watts on shatter resistant lamps; and 6294(a)(2)(C)(iii)); and service lamps that, at a minimum, achieve

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11058 CONGRESSIONAL RECORD — SENATE September 4, 2007 the wattage requirements imposed as a re- light fixture for general lighting application ‘‘(ii) 90 percent for wattages less than or sult of the amendments made by section 101. that is designed to be operated with a metal equal to 250 watts. (b) AUTHORIZATION OF APPROPRIATIONS.— halide lamp and a ballast for a metal halide ‘‘(2) EXCEPTIONS.—The standards estab- There are authorized to be appropriated to lamp. lished under paragraph (1) shall not apply carry out this section $10,000,000 for each of ‘‘(59) PROBE-START METAL HALIDE BAL- to— fiscal years 2008 through 2013. LAST.—The term ‘probe-start metal halide ‘‘(A) fixtures with regulated lag ballasts; (c) TERMINATION OF AUTHORITY.—The pro- ballast’ means a ballast that— ‘‘(B) fixtures that use electronic ballasts gram under this section shall terminate on ‘‘(A) starts a probe-start metal halide lamp that operate at 480 volts; or September 30, 2015. that contains a third starting electrode ‘‘(C) fixtures that— SEC. 108. REPORT ON MERCURY USE AND RE- (probe) in the arc tube; and ‘‘(i) are rated only for 150 watt lamps; LEASE. ‘‘(B) does not generally contain an igniter ‘‘(ii) are rated for use in wet locations, as Not later than 1 year after the date of en- and instead starts lamps with high ballast specified by section 410.4(A) of the National actment of this Act, the Secretary, in co- open circuit voltage. Electrical Code (2002); and operation with the Administrator of the En- ‘‘(60) PULSE-START METAL HALIDE BAL- ‘‘(iii) contain a ballast that is rated to op- vironmental Protection Agency, shall sub- LAST.—The term ‘pulse-start metal halide erate at ambient air temperatures above 50° mit to Congress a report describing rec- ballast’ means an electronic or electro- celsius, as specified by UL 1029–2001. ommendations relating to the means by magnetic ballast that starts a pulse start ‘‘(3) AMENDED STANDARDS.— which the Federal Government may reduce metal halide lamp with high voltage pulses, ‘‘(A) PRODUCTS MANUFACTURED AFTER JANU- or prevent the release of mercury during the with— ARY 1, 2015.— manufacture, transportation, storage, or dis- ‘‘(A) the lamp started by first providing a ‘‘(i) IN GENERAL.—Not later than January 1, posal of light bulbs. high voltage pulse for ionization of the gas 2012, the Secretary shall publish a final rule TITLE II—STANDARDS FOR METAL to produce a glow discharge; and to determine whether the standards estab- HALIDE LAMP FIXTURES ‘‘(B) to complete the starting process, lished under paragraph (1) should be amend- power provided by the ballast to sustain the ed. SEC. 201. DEFINITIONS. discharge through the glow-to-arc transi- Section 321 of the Energy Policy and Con- ‘‘(ii) ADMINISTRATION.—The final rule tion.’’. servation Act (42 U.S.C. 6291) is amended by shall— SEC. 202. COVERAGE. adding at the end the following: ‘‘(I) contain the amended standards, if any; Section 322(a) of the Energy Policy and ‘‘(52) BALLAST.—The term ‘ballast’ means a and Conservation Act (42 U.S.C. 6292(a)) is device used with an electric discharge lamp ‘‘(II) apply to products manufactured after amended— January 1, 2015. to obtain necessary circuit conditions (in- (1) by redesignating paragraph (19) as para- cluding voltage, current, and waveform) for ‘‘(B) PRODUCTS MANUFACTURED AFTER JANU- graph (20); and ARY 1, 2022.— starting and operating. (2) by inserting after paragraph (18) the fol- ‘‘(53) BALLAST EFFICIENCY.— ‘‘(i) IN GENERAL.—Not later than January 1, lowing: 2019, the Secretary shall publish a final rule ‘‘(A) IN GENERAL.—The term ‘ballast effi- ‘‘(19) Metal halide lamp fixture.’’. ciency’ means, with respect to a high inten- to determine whether the standards then in SEC. 203. TEST PROCEDURES. effect should be amended. sity discharge fixture, the efficiency of a Section 323(b) of the Energy Policy and lamp and ballast combination this is equal ‘‘(ii) ADMINISTRATION.—The final rule Conservation Act (42 U.S.C. 6293(b)) is shall— to the percentage obtained by dividing Pout/ amended by adding at the end the following: ‘‘(I) contain the amended standards, if any; Pin, as measured, with— ‘‘(17) METAL HALIDE LAMP BALLASTS.—Test and ‘‘(i) Pout equal to the measured operating procedures for metal halide lamp ballasts lamp wattage; and ‘‘(II) apply to products manufactured after shall be based on ANSI Standard C82.6–2005, January 1, 2022. ‘‘(ii) Pin equal to the measured operating entitled ‘Ballasts for High Intensity Dis- ‘‘(4) DESIGN AND PERFORMANCE REQUIRE- input wattage. charge Lamps—Method of Measurement’.’’. ‘‘(B) ADMINISTRATION.—In calculating bal- MENTS.—Notwithstanding any other provi- SEC. 204. LABELING. sion of law, any standard established under last efficiency under subparagraph (A)— Section 324(a)(2) of the Energy Policy and ‘‘(i) the lamp and (if provided) the capac- this subsection may contain both design and Conservation Act (42 U.S.C. 6293(b)) is performance requirements. itor shall constitute a nominal system in ac- amended by adding at the end the following: ‘‘(5) EFFECTIVE DATE.—The standards es- cordance with the ANSI Standard C78.43– ‘‘(H) METAL HALIDE LAMP FIXTURES.— tablished under paragraph (1) shall apply to 2004; and ‘‘(i) IN GENERAL.—The Commission shall metal halide lamp fixtures manufactured on ‘‘(ii) Pin and Pout shall be measured after prescribe labeling rules under this section or after the later of— lamps have been stabilized according to sec- applicable to the covered product specified in ‘‘(A) January 1, 2009; or tion 4.4 of ANSI Standard C82.6–2005 using a section 322(a)(19) and to which standards are ‘‘(B) the date that is 270 days after the date wattmeter with— applicable under section 325. of enactment of the Energy Efficient Light- ‘‘(I) in the case of ballast with a frequency ‘‘(ii) LABELING.—The rules shall provide ing for a Brighter Tomorrow Act of 2007.’’; of 60 hertz, accuracy specified in section 4.5 that the labeling of any metal halide lamp and of ANSI Standard C82.6–2005; and fixture manufactured on or after the later of ‘‘(II) in the case of ballast with a frequency January 1, 2009, or the date that is 270 days (3) in paragraph (2) of subsection (hh) (as greater than 60 hertz, a basic accuracy of ± after the date of enactment of this subpara- redesignated by paragraph (1)), by striking 0.5 percent at the higher of 3 times the out- graph, shall indicate conspicuously, in a ‘‘(ff)’’ each place it appears and inserting put operating frequency of the ballast, or 2 manner prescribed by the Commission under ‘‘(gg)’’. kilohertz. subsection (b) by July 1, 2008, a capital letter SEC. 206. EFFECT ON OTHER LAW. ‘‘(C) MODIFICATION.—The Secretary may, ‘E’ printed within a circle on the packaging Section 327(c) of the Energy Policy and by rule, modify the definition of ‘ballast effi- of the fixture, and on the ballast contained Conservation Act (42 U.S.C. 6297(c)) is ciency’ if the Secretary determines that the in the fixture.’’. amended— modification is necessary or appropriate to SEC. 205. ENERGY CONSERVATION STANDARDS. (1) in paragraph (6), by striking ‘‘or’’ after carry out this Act. Section 325 of the Energy Policy and Con- the semicolon at the end; ‘‘(54) ELECTRONIC BALLAST.—The term servation Act (42 U.S.C. 6295) is amended— (2) in paragraph (8), by striking the period ‘electronic ballast’ means a device that use (1) by redesignating subsection (gg) as sub- at the end and inserting ‘‘; or’’; and semiconductors as the primary means to section (hh); (3) by adding at the end the following: control lamp starting and operation. (2) by inserting after subsection (ff) the fol- ‘‘(9) is a regulation concerning metal ha- ‘‘(55) GENERAL LIGHTING APPLICATION.—The lowing: lide lamp fixtures adopted by the California term ‘general lighting application’ means ‘‘(gg) STANDARDS FOR METAL HALIDE LAMP Energy Commission on or before January 1, lighting that provides an interior or exterior FIXTURES.— 2011, except that (notwithstanding any other area with overall illumination. ‘‘(1) IN GENERAL.—Subject to paragraphs (2) provision of this section)— ‘‘(56) METAL HALIDE BALLAST.—The term through (5), a metal halide lamp fixture de- ‘‘(A) if the Secretary fails to issue a final ‘metal halide ballast’ means a ballast that is signed to be operated with a lamp that is rule within the 180-day period beginning on used to start and operate metal halide rated greater than or equal to 150 watts, but the date of the deadline for rulemaking lamps. less than or equal to 500 watts, shall con- under section 325(gg)(3)(A)(i), preemption ‘‘(57) METAL HALIDE LAMP.—The term tain— shall not apply to a regulation concerning ‘metal halide lamp’ means a high intensity ‘‘(A) a pulse-start metal halide ballast with metal halide lamp fixtures adopted by the discharge lamp with the major portion of the a minimum ballast efficiency of 88 percent; California Energy Commission on or before light produced by radiation of metal halides ‘‘(B) a magnetic probe-start ballast with a July 1, 2015; or and the products of dissociation of metal minimum ballast efficiency of 94 percent; or ‘‘(B) if the Secretary fails to issue a final halides, possibly in combination with metal- ‘‘(C) a non-pulse-start electronic ballast rule within the 180-day period beginning on lic vapors. with a minimum ballast efficiency of— the deadline specified in section ‘‘(58) METAL HALIDE LAMP FIXTURE.—The ‘‘(i) 92 percent for wattages greater than 325(gg)(3)(B)(i), preemption shall not apply to term ‘metal halide lamp fixture’ means a 250 watts; and a regulation concerning metal halide lamp

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2007 CONGRESSIONAL RECORD — SENATE S11059 fixtures adopted by the California Energy ing personnel in the Naval Facilities Engi- of title 10, United States Code, and Military Commission or on or before July 1, 2022.’’. neering Command and other personal serv- Construction Authorization Acts, ices necessary for the purposes of this appro- $138,424,000, to remain available until Sep- f priation, $2,168,315,000, to remain available tember 30, 2012. AMENDMENTS SUBMITTED AND until September 30, 2012: Provided, That of MILITARY CONSTRUCTION, NAVY RESERVE PROPOSED this amount, not to exceed $115,258,000 shall For construction, acquisition, expansion, be available for study, planning, design, and rehabilitation, and conversion of facilities SA 2656. Mr. REED (for himself and Mrs. architect and engineer services, as author- for the training and administration of the re- HUTCHISON) proposed an amendment to the ized by law, unless the Secretary of Defense serve components of the Navy and Marine bill H.R. 2642, making appropriations for determines that additional obligations are Corps as authorized by chapter 1803 of title military construction, the Department of necessary for such purposes and notifies the 10, United States Code, and Military Con- Veterans Affairs, and related agencies for Committees on Appropriations of both struction Authorization Acts, $59,150,000, to the fiscal year ending September 30, 2008, and Houses of Congress of the determination and remain available until September 30, 2012. for other purposes. the reasons therefor. MILITARY CONSTRUCTION, AIR FORCE RESERVE SA 2657. Mr. LAUTENBERG (for himself MILITARY CONSTRUCTION, AIR FORCE and Mr. MENENDEZ) submitted an amend- (INCLUDING RESCISSION OF FUNDS) For acquisition, construction, installation, ment intended to be proposed by him to the For construction, acquisition, expansion, and equipment of temporary or permanent bill H.R. 2642, supra; which was ordered to lie rehabilitation, and conversion of facilities public works, military installations, facili- on the table. for the training and administration of the ties, and real property for the Air Force as SA 2658. Mr. OBAMA submitted an amend- Air Force Reserve as authorized by chapter currently authorized by law, $1,048,518,000, to ment intended to be proposed by him to the 1803 of title 10, United States Code, and Mili- remain available until September 30, 2012: bill H.R. 2642, supra; which was ordered to lie tary Construction Authorization Acts, Provided, That of this amount, not to exceed on the table. $27,559,000, to remain available until Sep- $64,958,000 shall be available for study, plan- SA 2659. Mr. OBAMA submitted an amend- tember 30, 2012: Provided, That of the funds ning, design, and architect and engineer ment intended to be proposed by him to the appropriated for ‘‘Military Construction, Air services, as authorized by law, unless the bill H.R. 2642, supra; which was ordered to lie Force Reserve’’ under Public Law 109–114, Secretary of Defense determines that addi- on the table. $3,100,000 are hereby rescinded. tional obligations are necessary for such pur- SA 2660. Mrs. MCCASKILL submitted an poses and notifies the Committees on Appro- NORTH ATLANTIC TREATY ORGANIZATION amendment intended to be proposed by her priations of both Houses of Congress of the SECURITY INVESTMENT PROGRAM to the bill H.R. 2642, supra; which was or- determination and the reasons therefor. For the United States share of the cost of dered to lie on the table. MILITARY CONSTRUCTION, DEFENSE-WIDE the North Atlantic Treaty Organization Se- SA 2661. Mr. FEINGOLD submitted an curity Investment Program for the acquisi- (INCLUDING TRANSFER OF FUNDS) amendment intended to be proposed by him tion and construction of military facilities to the bill H.R. 2642, supra; which was or- For acquisition, construction, installation, and installations (including international dered to lie on the table. and equipment of temporary or permanent military headquarters) and for related ex- f public works, installations, facilities, and penses for the collective defense of the North real property for activities and agencies of Atlantic Treaty Area as authorized by sec- TEXT OF AMENDMENTS the Department of Defense (other than the tion 2806 of title 10, United States Code, and military departments), as currently author- SA 2656. Mr. REED (for himself and Military Construction Authorization Acts, ized by law, $1,758,755,000, to remain avail- $201,400,000, to remain available until ex- Mrs. HUTCHISON) proposed an amend- able until September 30, 2012: Provided, That pended. ment to the bill H.R. 2642, making ap- such amounts of this appropriation as may FAMILY HOUSING CONSTRUCTION, ARMY propriations for military construction, be determined by the Secretary of Defense the Department of Veterans Affairs, may be transferred to such appropriations of For expenses of family housing for the Army for construction, including acquisi- and related agencies for the fiscal year the Department of Defense available for military construction or family housing as tion, replacement, addition, expansion, ex- ending September 30, 2008, and for tension, and alteration, as authorized by other purposes; as follows: the Secretary may designate, to be merged with and to be available for the same pur- law, $419,400,000, to remain available until That the following sums are appropriated, poses, and for the same time period, as the September 30, 2012. out of any money in the Treasury not other- appropriation or fund to which transferred: FAMILY HOUSING OPERATION AND wise appropriated, for military construction, Provided further, That of the amount appro- MAINTENANCE, ARMY the Department of Veterans Affairs, and re- priated, not to exceed $154,728,000 shall be For expenses of family housing for the lated agencies for the fiscal year ending Sep- available for study, planning, design, and ar- Army for operation and maintenance, includ- tember 30, 2008, and for other purposes, chitect and engineer services, as authorized ing debt payment, leasing, minor construc- namely: by law, unless the Secretary of Defense de- tion, principal and interest charges, and in- TITLE I termines that additional obligations are nec- surance premiums, as authorized by law, DEPARTMENT OF DEFENSE essary for such purposes and notifies the $742,920,000. Committees on Appropriations of both FAMILY HOUSING CONSTRUCTION, NAVY AND MILITARY CONSTRUCTION, ARMY Houses of Congress of the determination and MARINE CORPS For acquisition, construction, installation, the reasons therefor. For expenses of family housing for the and equipment of temporary or permanent MILITARY CONSTRUCTION, ARMY NATIONAL Navy and Marine Corps for construction, in- public works, military installations, facili- GUARD cluding acquisition, replacement, addition, ties, and real property for the Army as cur- expansion, extension, and alteration, as au- rently authorized by law, including per- For construction, acquisition, expansion, thorized by law, $288,329,000, to remain avail- sonnel in the Army Corps of Engineers and rehabilitation, and conversion of facilities able until September 30, 2012. other personal services necessary for the for the training and administration of the purposes of this appropriation, and for con- Army National Guard, and contributions FAMILY HOUSING OPERATION AND struction and operation of facilities in sup- therefor, as authorized by chapter 1803 of MAINTENANCE, NAVY AND MARINE CORPS port of the functions of the Commander in title 10, United States Code, and Military For expenses of family housing for the Chief, $3,928,149,000, to remain available until Construction Authorization Acts, Navy and Marine Corps for operation and September 30, 2012: Provided, That of this $478,836,000, to remain available until Sep- maintenance, including debt payment, leas- amount, not to exceed $317,149,000 shall be tember 30, 2012. ing, minor construction, principal and inter- available for study, planning, design, archi- MILITARY CONSTRUCTION, AIR NATIONAL est charges, and insurance premiums, as au- tect and engineer services, and host nation GUARD thorized by law, $371,404,000. support, as authorized by law, unless the For construction, acquisition, expansion, FAMILY HOUSING CONSTRUCTION, AIR FORCE Secretary of Defense determines that addi- rehabilitation, and conversion of facilities For expenses of family housing for the Air tional obligations are necessary for such pur- for the training and administration of the Force for construction, including acquisi- poses and notifies the Committees on Appro- Air National Guard, and contributions there- tion, replacement, addition, expansion, ex- priations of both Houses of Congress of the for, as authorized by chapter 1803 of title 10, tension, and alteration, as authorized by determination and the reasons therefor. United States Code, and Military Construc- law, $362,747,000, to remain available until MILITARY CONSTRUCTION, NAVY AND MARINE tion Authorization Acts, $228,995,000, to re- September 30, 2012. CORPS main available until September 30, 2012. FAMILY HOUSING OPERATION AND For acquisition, construction, installation, MILITARY CONSTRUCTION, ARMY RESERVE MAINTENANCE, AIR FORCE and equipment of temporary or permanent For construction, acquisition, expansion, For expenses of family housing for the Air public works, naval installations, facilities, rehabilitation, and conversion of facilities Force for operation and maintenance, in- and real property for the Navy and Marine for the training and administration of the cluding debt payment, leasing, minor con- Corps as currently authorized by law, includ- Army Reserve as authorized by chapter 1803 struction, principal and interest charges, and

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11060 CONGRESSIONAL RECORD — SENATE September 4, 2007 insurance premiums, as authorized by law, tion of new bases in the United States for limited for obligation during the current fis- $688,335,000. which specific appropriations have not been cal year shall be obligated during the last FAMILY HOUSING OPERATION AND made. two months of the fiscal year. MAINTENANCE, DEFENSE-WIDE SEC. 105. None of the funds made available (INCLUDING TRANSFER OF FUNDS) in this title shall be used for purchase of For expenses of family housing for the ac- SEC. 115. Funds appropriated to the Depart- land or land easements in excess of 100 per- tivities and agencies of the Department of ment of Defense for construction in prior cent of the value as determined by the Army years shall be available for construction au- Defense (other than the military depart- Corps of Engineers or the Naval Facilities thorized for each such military department ments) for operation and maintenance, leas- Engineering Command, except: (1) where by the authorizations enacted into law dur- ing, and minor construction, as authorized there is a determination of value by a Fed- ing the current session of Congress. by law, $48,848,000. eral court; (2) purchases negotiated by the SEC. 116. For military construction or fam- DEPARTMENT OF DEFENSE FAMILY HOUSING Attorney General or the designee of the At- ily housing projects that are being com- IMPROVEMENT FUND torney General; (3) where the estimated pleted with funds otherwise expired or lapsed For the Department of Defense Family value is less than $25,000; or (4) as otherwise for obligation, expired or lapsed funds may Housing Improvement Fund, $500,000, to re- determined by the Secretary of Defense to be be used to pay the cost of associated super- main available until expended, for family in the public interest. vision, inspection, overhead, engineering and housing initiatives undertaken pursuant to SEC. 106. None of the funds made available design on those projects and on subsequent section 2883 of title 10, United States Code, in this title shall be used to: (1) acquire land; (2) provide for site preparation; or (3) install claims, if any. providing alternative means of acquiring and EC. 117. Notwithstanding any other provi- utilities for any family housing, except hous- S improving military family housing and sup- sion of law, any funds made available to a porting facilities. ing for which funds have been made available in annual Acts making appropriations for military department or defense agency for CHEMICAL DEMILITARIZATION CONSTRUCTION, military construction. the construction of military projects may be DEFENSE-WIDE SEC. 107. None of the funds made available obligated for a military construction project For expenses of construction, not other- in this title for minor construction may be or contract, or for any portion of such a wise provided for, necessary for the destruc- used to transfer or relocate any activity project or contract, at any time before the tion of the United States stockpile of lethal from one base or installation to another, end of the fourth fiscal year after the fiscal chemical agents and munitions in accord- without prior notification to the Committees year for which funds for such project were ance with section 1412 of the Department of on Appropriations of both Houses of Con- made available, if the funds obligated for Defense Authorization Act, 1986 (50 U.S.C. gress. such project: (1) are obligated from funds 1521), and for the destruction of other chem- SEC. 108. None of the funds made available available for military construction projects; ical warfare materials that are not in the in this title may be used for the procurement and (2) do not exceed the amount appro- chemical weapon stockpile, as currently au- of steel for any construction project or activ- priated for such project, plus any amount by thorized by law, $104,176,000, to remain avail- ity for which American steel producers, fab- which the cost of such project is increased able until September 30, 2012, which shall be ricators, and manufacturers have been de- pursuant to law. only for the Assembled Chemical Weapons nied the opportunity to compete for such SEC. 118. (a) The Secretary of Defense, in Alternatives program. steel procurement. consultation with the Secretary of State, DEPARTMENT OF DEFENSE BASE CLOSURE SEC. 109. None of the funds available to the shall submit to the Committees on Appro- ACCOUNT 1990 Department of Defense for military con- priations of both Houses of Congress, by Feb- struction or family housing during the cur- ruary 15 of each year, an annual report on For deposit into the Department of De- rent fiscal year may be used to pay real actions taken by the Department of Defense fense Base Closure Account 1990, established property taxes in any foreign nation. and the Department of State during the pre- by section 2906(a)(1) of the Defense Base Clo- SEC. 110. None of the funds made available vious fiscal year to encourage host countries sure and Realignment Act of 1990 (10 U.S.C. in this title may be used to initiate a new in- to assume a greater share of the common de- 2687 note), $320,689,000, to remain available stallation overseas without prior notifica- fense burden of such countries and the until expended. tion to the Committees on Appropriations of United States. DEPARTMENT OF DEFENSE BASE CLOSURE both Houses of Congress. (b) The report under subsection (a) shall ACCOUNT 2005 SEC. 111. None of the funds made available include a description of— For deposit into the Department of De- in this title may be obligated for architect (1) attempts to secure cash and in-kind fense Base Closure Account 2005, established and engineer contracts estimated by the contributions from host countries for mili- by section 2906A(a)(1) of the Defense Base Government to exceed $500,000 for projects to tary construction projects; Closure and Realignment Act of 1990 (10 be accomplished in Japan, in any North At- (2) attempts to achieve economic incen- U.S.C. 2687 note), $8,174,315,000, to remain lantic Treaty Organization member country, tives offered by host countries to encourage available until expended: Provided, That or in countries bordering the Arabian Sea if private investment for the benefit of the funds made available under this heading for that country has not increased its defense United States Armed Forces; the construction of facilities are subject to spending by at least 3 percent in calendar (3) attempts to recover funds due to be paid the notification and reprogramming require- year 2005, unless such contracts are awarded to the United States by host countries for as- ments applicable to military construction to United States firms or United States sets deeded or otherwise imparted to host projects under section 2853 of title 10, United firms in joint venture with host nation countries upon the cessation of United States Code, and section 0703 of the Depart- firms. States operations at military installations; SEC. 112. None of the funds made available ment of Defense Financial Management Reg- (4) the amount spent by host countries on in this title for military construction in the ulation of December 1996, including the re- defense, in dollars and in terms of the per- United States territories and possessions in quirement to obtain the approval of the con- cent of gross domestic product (GDP) of the the Pacific and on Kwajalein Atoll, or in gressional defense committees prior to exe- host country; and countries bordering the Arabian Sea, may be cuting certain reprogramming actions. (5) for host countries that are members of used to award any contract estimated by the the North Atlantic Treaty Organization ADMINISTRATIVE PROVISIONS Government to exceed $1,000,000 to a foreign (NATO), the amount contributed to NATO by SEC. 101. None of the funds made available contractor: Provided, That this section shall host countries, in dollars and in terms of the in this title shall be expended for payments not be applicable to contract awards for percent of the total NATO budget. under a cost-plus-a-fixed-fee contract for which the lowest responsive and responsible (c) In this section, the term ‘‘host coun- construction, where cost estimates exceed bid of a United States contractor exceeds the try’’ means other member countries of $25,000, to be performed within the United lowest responsive and responsible bid of a NATO, Japan, South Korea, and United States, except Alaska, without the specific foreign contractor by greater than 20 per- States allies bordering the Arabian Sea. approval in writing of the Secretary of De- cent: Provided further, That this section shall fense setting forth the reasons therefor. not apply to contract awards for military (INCLUDING TRANSFER OF FUNDS) SEC. 102. Funds made available in this title construction on Kwajalein Atoll for which SEC. 119. In addition to any other transfer for construction shall be available for hire of the lowest responsive and responsible bid is authority available to the Department of De- passenger motor vehicles. submitted by a Marshallese contractor. fense, proceeds deposited to the Department SEC. 103. Funds made available in this title SEC. 113. The Secretary of Defense is to in- of Defense Base Closure Account established for construction may be used for advances to form the appropriate committees of both by section 207(a)(1) of the Defense Authoriza- the Federal Highway Administration, De- Houses of Congress, including the Commit- tion Amendments and Base Closure and Re- partment of Transportation, for the con- tees on Appropriations, of the plans and alignment Act (10 U.S.C. 2687 note) pursuant struction of access roads as authorized by scope of any proposed military exercise in- to section 207(a)(2)(C) of such Act, may be section 210 of title 23, United States Code, volving United States personnel 30 days prior transferred to the account established by when projects authorized therein are cer- to its occurring, if amounts expended for section 2906(a)(1) of the Defense Base Closure tified as important to the national defense construction, either temporary or perma- and Realignment Act of 1990 (10 U.S.C. 2687 by the Secretary of Defense. nent, are anticipated to exceed $750,000. note), to be merged with, and to be available SEC. 104. None of the funds made available SEC. 114. Not more than 20 percent of the for the same purposes and the same time pe- in this title may be used to begin construc- funds made available in this title which are riod as that account.

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(INCLUDING TRANSFER OF FUNDS) solely due to costs associated with environ- this Act as ‘‘Grow the Force’’ projects are SEC. 120. Subject to 30 days prior notifica- mental remediation that could not be rea- subject to the notification and reprogram- tion to the Committees on Appropriations of sonably anticipated at the time of the budg- ming requirements applicable to military both Houses of Congress, such additional et submission: Provided further, That the construction projects under section 2853 of amounts as may be determined by the Sec- Under Secretary of Defense (Comptroller) is title 10, United States Code, and section 0703 retary of Defense may be transferred to: (1) to report annually to the Committees on Ap- of the Department of Defense Financial Man- the Department of Defense Family Housing propriations of both Houses of Congress all agement Regulation of December 1996, in- Improvement Fund from amounts appro- operation and maintenance expenditures for cluding the requirement to obtain the ap- priated for construction in ‘‘Family Hous- each individual general or flag officer quar- proval of the congressional defense commit- ing’’ accounts, to be merged with and to be ters for the prior fiscal year: Provided further, tees prior to executing certain reprogram- available for the same purposes and for the That nothing in this section precludes the ming actions. same period of time as amounts appropriated Secretary of a military department, after TITLE II directly to the Fund; or (2) the Department notifying the congressional defense commit- DEPARTMENT OF VETERANS AFFAIRS of Defense Military Unaccompanied Housing tees and waiting 21 days, from using funds VETERANS BENEFITS PROGRAMS Improvement Fund from amounts appro- derived under section 2601, chapter 403, chap- priated for construction of military unac- ter 603, or chapter 903 of title 10, United COMPENSATION AND PENSIONS companied housing in ‘‘Military Construc- States Code, for the maintenance or repair of (INCLUDING TRANSFER OF FUNDS) tion’’ accounts, to be merged with and to be general and flag officer quarters at the mili- For the payment of compensation benefits available for the same purposes and for the tary service academy under the jurisdiction to or on behalf of veterans and a pilot pro- same period of time as amounts appropriated of that Secretary: Provided further, That each gram for disability examinations as author- directly to the Fund: Provided, That appro- Secretary of a military department shall ized by law (38 U.S.C. 107, chapters 11, 13, 18, priations made available to the Funds shall provide an annual report by February 15 to 51, 53, 55, and 61); pension benefits to or on be available to cover the costs, as defined in the congressional defense committees on the behalf of veterans as authorized by law (38 section 502(5) of the Congressional Budget amount of funds that were derived under sec- U.S.C. chapters 15, 51, 53, 55, and 61; 92 Stat. Act of 1974, of direct loans or loan guaran- tion 2601, chapter 403, chapter 603, or chapter 2508); and burial benefits, the Reinstated En- tees issued by the Department of Defense 903 of title 10, United States Code, in the pre- titlement Program for Survivors, emergency pursuant to the provisions of subchapter IV vious year and were obligated for the con- and other officers’ retirement pay, adjusted- of chapter 169 of title 10, United States Code, struction, improvement, repair, or mainte- service credits and certificates, payment of pertaining to alternative means of acquiring nance of any military facility or infrastruc- premiums due on commercial life insurance and improving military family housing, mili- ture. policies guaranteed under the provisions of tary unaccompanied housing, and supporting SEC. 124. Amounts contained in the Ford title IV of the Servicemembers Civil Relief facilities. Island Improvement Account established by Act (50 U.S.C. App. 540 et seq.) and for other SEC. 121. (a) Not later than 60 days before subsection (h) of section 2814 of title 10, benefits as authorized by law (38 U.S.C. 107, issuing any solicitation for a contract with United States Code, are appropriated and 1312, 1977, and 2106, chapters 23, 51, 53, 55, and the private sector for military family hous- shall be available until expended for the pur- 61; 43 Stat. 122, 123; 45 Stat. 735; 76 Stat. 1198), ing the Secretary of the military department poses specified in subsection (i)(1) of such $41,236,322,000, to remain available until ex- concerned shall submit to the Committees section or until transferred pursuant to sub- pended: Provided, That not to exceed on Appropriations of both Houses of Con- section (i)(3) of such section. $28,583,000 of the amount appropriated under gress the notice described in subsection (b). (INCLUDING TRANSFER OF FUNDS) this heading shall be reimbursed to ‘‘General (b)(1) A notice referred to in subsection (a) SEC. 125. None of the funds made available operating expenses’’ and ‘‘Medical adminis- is a notice of any guarantee (including the in this title, or in any Act making appropria- tration’’ for necessary expenses in imple- making of mortgage or rental payments) tions for military construction which remain menting the provisions of chapters 51, 53, and proposed to be made by the Secretary to the available for obligation, may be obligated or 55 of title 38, United States Code, the funding private party under the contract involved in expended to carry out a military construc- source for which is specifically provided as the event of— tion, land acquisition, or family housing the ‘‘Compensation and pensions’’ appropria- (A) the closure or realignment of the in- project at or for a military installation ap- tion: Provided further, That such sums as stallation for which housing is provided proved for closure, or at a military installa- may be earned on an actual qualifying pa- under the contract; tion for the purposes of supporting a func- tient basis, shall be reimbursed to ‘‘Medical (B) a reduction in force of units stationed tion that has been approved for realignment care collections fund’’ to augment the fund- at such installation; or to another installation, in 2005 under the De- ing of individual medical facilities for nurs- (C) the extended deployment overseas of fense Base Closure and Realignment Act of ing home care provided to pensioners as au- units stationed at such installation. 1990 (part A of title XXIX of Public Law 101– thorized. (2) Each notice under this subsection shall 510; 10 U.S.C. 2687 note), unless such a project READJUSTMENT BENEFITS specify the nature of the guarantee involved at a military installation approved for re- For the payment of readjustment and reha- and assess the extent and likelihood, if any, alignment will support a continuing mission bilitation benefits to or on behalf of veterans of the liability of the Federal Government or function at that installation or a new mis- as authorized by law (38 U.S.C. chapters 21, with respect to the guarantee. sion or function that is planned for that in- 30, 31, 34, 35, 36, 39, 51, 53, 55, and 61), (INCLUDING TRANSFER OF FUNDS) stallation, or unless the Secretary of Defense $3,300,289,000, to remain available until ex- SEC. 122. In addition to any other transfer certifies that the cost to the United States pended: Provided, That expenses for rehabili- authority available to the Department of De- of carrying out such project would be less tation program services and assistance fense, amounts may be transferred from the than the cost to the United States of cancel- which the Secretary is authorized to provide accounts established by sections 2906(a)(1) ling such project, or if the project is at an under section 3104(a) of title 38, United and 2906A(a)(1) of the Defense Base Closure active component base that shall be estab- States Code, other than under subsection and Realignment Act of 1990 (10 U.S.C. 2687 lished as an enclave or in the case of projects (a)(1), (2), (5), and (11) of that section, shall note), to the fund established by section having multi-agency use, that another Gov- be charged to this account. 1013(d) of the Demonstration Cities and Met- ernment agency has indicated it will assume VETERANS INSURANCE AND INDEMNITIES ropolitan Development Act of 1966 (42 U.S.C. ownership of the completed project. The Sec- For military and naval insurance, national 3374) to pay for expenses associated with the retary of Defense may not transfer funds service life insurance, servicemen’s indem- Homeowners Assistance Program. Any made available as a result of this limitation nities, service-disabled veterans insurance, amounts transferred shall be merged with from any military construction project, land and veterans mortgage life insurance as au- and be available for the same purposes and acquisition, or family housing project to an- thorized by title 38, United States Code, for the same time period as the fund to other account or use such funds for another chapter 19; 70 Stat. 887; 72 Stat. 487, which transferred. purpose or project without the prior ap- $41,250,000, to remain available until ex- SEC. 123. Notwithstanding this or any other proval of the Committees on Appropriations pended. provision of law, funds made available in this of both Houses of Congress. This section title for operation and maintenance of fam- shall not apply to military construction VETERANS HOUSING BENEFIT PROGRAM FUND ily housing shall be the exclusive source of projects, land acquisition, or family housing PROGRAM ACCOUNT funds for repair and maintenance of all fam- projects for which the project is vital to the For the cost of direct and guaranteed ily housing units, including general or flag national security or the protection of health, loans, such sums as may be necessary to officer quarters: Provided, That not more safety, or environmental quality: Provided, carry out the program, as authorized by sub- than $35,000 per unit may be spent annually That the Secretary of Defense shall notify chapters I through III of chapter 37 of title for the maintenance and repair of any gen- the congressional defense committees within 38, United States Code: Provided, That such eral or flag officer quarters without 30 days seven days of a decision to carry out such a costs, including the cost of modifying such prior notification to the Committees on Ap- military construction project. loans, shall be as defined in section 502 of the propriations of both Houses of Congress, ex- SEC. 126. Funds made available by this title Congressional Budget Act of 1974: Provided cept that an after-the-fact notification shall for the construction of facilities identified in further, That during fiscal year 2008, within be submitted if the limitation is exceeded the State table of the report accompanying the resources available, not to exceed

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11062 CONGRESSIONAL RECORD — SENATE September 4, 2007 $500,000 in gross obligations for direct loans authorized by section 8111(d) of title 38, to the maximum extent feasible, to become are authorized for specially adapted housing United States Code, a minimum of employable and to obtain and maintain suit- loans. $15,000,000, to remain available until ex- able employment; or (2) to achieve maximum In addition, for administrative expenses to pended, for any purpose authorized by sec- independence in daily living, shall be carry out the direct and guaranteed loan tion 8111 of title 38, United States Code. charged to this account: Provided further, programs, $154,562,000. MEDICAL ADMINISTRATION That the Veterans Benefits Administration VOCATIONAL REHABILITATION LOANS PROGRAM For necessary expenses in the administra- shall be funded at not less than $1,329,044,000: ACCOUNT tion of the medical, hospital, nursing home, Provided further, That of the funds made (INCLUDING TRANSFER OF FUNDS) domiciliary, construction, supply, and re- available under this heading, not to exceed $75,000,000 shall be available for obligation For the cost of direct loans, $71,000, as au- search activities, as authorized by law; ad- until September 30, 2009: Provided further, thorized by chapter 31 of title 38, United ministrative expenses in support of capital That from the funds made available under States Code: Provided, That such costs, in- policy activities; and administrative and this heading, the Veterans Benefits Adminis- cluding the cost of modifying such loans, legal expenses of the Department for col- tration may purchase up to two passenger shall be as defined in section 502 of the Con- lecting and recovering amounts owed the De- motor vehicles for use in operations of that gressional Budget Act of 1974: Provided fur- partment as authorized under chapter 17 of Administration in Manila, Philippines. ther, That funds made available under this title 38, United States Code, and Federal heading are available to subsidize gross obli- Medical Care Recovery Act (42 U.S.C. 2651 et OFFICE OF INSPECTOR GENERAL gations for the principal amount of direct seq.): $3,642,000,000, plus reimbursements, of For necessary expenses of the Office of In- loans not to exceed $3,287,000. which $250,000,000 shall remain available spector General, to include information In addition, for administrative expenses until September 30, 2009. technology, in carrying out the provisions of necessary to carry out the direct loan pro- MEDICAL FACILITIES the Inspector General Act of 1978, $88,700,000, gram, $311,000, which may be transferred to For necessary expenses for the mainte- of which $3,630,000 shall remain available and merged with the appropriation for ‘‘Gen- nance and operation of hospitals, nursing until September 30, 2009. eral operating expenses’’. homes, and domiciliary facilities and other CONSTRUCTION, MAJOR PROJECTS NATIVE AMERICAN VETERAN HOUSING LOAN necessary facilities for the Veterans Health PROGRAM ACCOUNT Administration; for administrative expenses For constructing, altering, extending and (INCLUDING TRANSFER OF FUNDS) in support of planning, design, project man- improving any of the facilities including parking projects under the jurisdiction or for For administrative expenses to carry out agement, real property acquisition and dis- the use of the Department of Veterans Af- the direct loan program authorized by sub- position, construction and renovation of any fairs, or for any of the purposes set forth in chapter V of chapter 37 of title 38, United facility under the jurisdiction or for the use sections 316, 2404, 2406, 8102, 8103, 8106, 8108, States Code, $628,000. of the Department; for oversight, engineer- ing and architectural activities not charged 8109, 8110, and 8122 of title 38, United States GUARANTEED TRANSITIONAL HOUSING LOANS to project costs; for repairing, altering, im- Code, including planning, architectural and FOR HOMELESS VETERANS PROGRAM ACCOUNT proving or providing facilities in the several engineering services, construction manage- For the administrative expenses to carry hospitals and homes under the jurisdiction of ment services, maintenance or guarantee pe- out the guaranteed transitional housing loan the Department, not otherwise provided for, riod services costs associated with equip- program authorized by subchapter VI of either by contract or by the hire of tem- ment guarantees provided under the project, chapter 37 of title 38, United States Code, not porary employees and purchase of materials; services of claims analysts, offsite utility to exceed $750,000 of the amounts appro- for leases of facilities; and for laundry serv- and storm drainage system construction priated by this Act for ‘‘General operating ices, $4,092,000,000, plus reimbursements, of costs, and site acquisition, where the esti- expenses’’ and ‘‘Medical services’’ may be ex- which $350,000,000 shall remain available mated cost of a project is more than the pended. until September 30, 2009: Provided, That not amount set forth in section 8104(a)(3)(A) of VETERANS HEALTH ADMINISTRATION less than $350,000,000 for non-recurring main- title 38, United States Code, or where funds MEDICAL SERVICES tenance provided under this heading shall be for a project were made available in a pre- vious major project appropriation, (INCLUDING TRANSFER OF FUNDS) allocated in a manner not subject to the Vet- erans Equitable Resource Allocation. $727,400,000, to remain available until ex- For necessary expenses for furnishing, as pended, of which $2,000,000 shall be to make MEDICAL AND PROSTHETIC RESEARCH authorized by law, inpatient and outpatient reimbursements as provided in section 13 of care and treatment to beneficiaries of the For necessary expenses in carrying out the Contract Disputes Act of 1978 (41 U.S.C. Department of Veterans Affairs and veterans programs of medical and prosthetic research 612) for claims paid for contract disputes: described in section 1705(a) of title 38, United and development as authorized by chapter 73 Provided, That except for advance planning States Code, including care and treatment in of title 38, United States Code, $500,000,000, activities, including needs assessments facilities not under the jurisdiction of the plus reimbursements, to remain available which may or may not lead to capital invest- Department, and including medical supplies until September 30, 2009. ments, and other capital asset management and equipment, food services, and salaries NATIONAL CEMETERY ADMINISTRATION related activities, such as portfolio develop- and expenses of health-care employees hired For necessary expenses of the National ment and management activities, and in- under title 38, United States Code, and aid to Cemetery Administration for operations and vestment strategy studies funded through State homes as authorized by section 1741 of maintenance, not otherwise provided for, in- the advance planning fund and the planning title 38, United States Code; $28,979,220,000, cluding uniforms or allowances therefor; and design activities funded through the de- plus reimbursements: Provided, That of the cemeterial expenses as authorized by law; sign fund and CARES funds, including needs funds made available under this heading, not purchase of one passenger motor vehicle for assessments which may or may not lead to to exceed $1,350,000,000 shall remain available use in cemeterial operations; and hire of pas- capital investments, none of the funds appro- until September 30, 2009: Provided further, senger motor vehicles, $217,709,000, of which priated under this heading shall be used for That, notwithstanding any other provision not to exceed $25,000,000 shall remain avail- any project which has not been approved by of law, the Secretary of Veterans Affairs able until September 30, 2009. the Congress in the budgetary process: Pro- shall establish a priority for treatment for DEPARTMENTAL ADMINISTRATION vided further, That funds provided in this ap- veterans who are service-connected disabled, propriation for fiscal year 2008, for each ap- GENERAL OPERATING EXPENSES lower income, or have special needs: Provided proved project (except those for CARES ac- (INCLUDING TRANSFER OF FUNDS) further, That, notwithstanding any other tivities referenced above) shall be obligated: provision of law, the Secretary of Veterans For necessary operating expenses of the (1) by the awarding of a construction docu- Affairs shall give priority funding for the Department of Veterans Affairs, not other- ments contract by September 30, 2008; and (2) provision of basic medical benefits to vet- wise provided for, including administrative by the awarding of a construction contract erans in enrollment priority groups 1 expenses in support of Department-wide cap- by September 30, 2009: Provided further, That through 6: Provided further, That, notwith- ital planning, management and policy activi- the Secretary of Veterans Affairs shall standing any other provision of law, the Sec- ties, uniforms or allowances therefor; not to promptly report in writing to the Commit- retary of Veterans Affairs may authorize the exceed $25,000 for official reception and rep- tees on Appropriations of both Houses of dispensing of prescription drugs from Vet- resentation expenses; hire of passenger Congress any approved major construction erans Health Administration facilities to en- motor vehicles; and reimbursement of the project in which obligations are not incurred rolled veterans with privately written pre- General Services Administration for security within the time limitations established scriptions based on requirements established guard services, and the Department of De- above. by the Secretary: Provided further, That the fense for the cost of overseas employee mail, implementation of the program described in $1,612,031,000: Provided, That expenses for CONSTRUCTION, MINOR PROJECTS the previous proviso shall incur no addi- services and assistance authorized under For constructing, altering, extending, and tional cost to the Department of Veterans paragraphs (1), (2), (5), and (11) of section improving any of the facilities including Affairs: Provided further, That for the Depart- 3104(a) of title 38, United States Code, that parking projects under the jurisdiction or for ment of Defense/Department of Veterans Af- the Secretary of Veterans Affairs determines the use of the Department of Veterans Af- fairs Health Care Sharing Incentive Fund, as are necessary to enable entitled veterans: (1) fairs, including planning and assessments of

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Amounts deducted from en- United States Code, where the estimated days has elapsed. hanced-use lease proceeds to reimburse an cost of a project is equal to or less than the (INCLUDING TRANSFER OF FUNDS) account for expenses incurred by that ac- count during a prior fiscal year for providing amount set forth in section 8104(a)(3)(A) of SEC. 202. Amounts made available for fiscal title 38, United States Code, $751,398,000, to year 2008, in this Act or any other Act, under enhanced-use lease services, may be obli- remain available until expended, along with the ‘‘Medical services’’, ‘‘Medical Adminis- gated during the fiscal year in which the pro- unobligated balances of previous ‘‘Construc- tration’’, and ‘‘Medical facilities’’ accounts ceeds are received. tion, minor projects’’ appropriations which may be transferred between the accounts to (INCLUDING TRANSFER OF FUNDS) are hereby made available for any project the extent necessary to implement the re- SEC. 210. Funds available in this title or where the estimated cost is equal to or less structuring of the Veterans Health Adminis- funds for salaries and other administrative than the amount set forth in such section tration accounts: Provided, That before a expenses shall also be available to reimburse for: (1) repairs to any of the nonmedical fa- transfer may take place, the Secretary of the Office of Resolution Management and the cilities under the jurisdiction or for the use Veterans Affairs shall request from the Com- Office of Employment Discrimination Com- of the Department which are necessary be- mittees on Appropriations of both Houses of plaint Adjudication for all services provided cause of loss or damage caused by any nat- Congress the authority to make the transfer at rates which will recover actual costs but ural disaster or catastrophe; and (2) tem- and an approval is issued. not exceed $32,067,000 for the Office of Reso- porary measures necessary to prevent or to SEC. 203. Appropriations available in this lution Management and $3,148,000 for the Of- minimize further loss by such causes. title for salaries and expenses shall be avail- fice of Employment and Discrimination GRANTS FOR CONSTRUCTION OF STATE able for services authorized by section 3109 of Complaint Adjudication: Provided, That pay- EXTENDED CARE FACILITIES title 5, United States Code, hire of passenger ments may be made in advance for services For grants to assist States to acquire or motor vehicles; lease of a facility or land or to be furnished based on estimated costs: construct State nursing home and domi- both; and uniforms or allowances therefor, as Provided further, That amounts received shall ciliary facilities and to remodel, modify or authorized by sections 5901–5902 of title 5, be credited to ‘‘General operating expenses’’ alter existing hospital, nursing home and United States Code. for use by the office that provided the serv- domiciliary facilities in State homes, for fur- SEC. 204. No appropriations in this title ice. nishing care to veterans as authorized by (except the appropriations for ‘‘Construc- SEC. 211. No appropriations in this title sections 8131–8137 of title 38, United States tion, major projects’’, and ‘‘Construction, shall be available to enter into any new lease Code, $250,000,000, to remain available until minor projects’’) shall be available for the of real property if the estimated annual rent- expended. purchase of any site for the construction of al is more than $300,000 unless the Secretary any new hospital or home. submits a report which the Committees on GRANTS FOR CONSTRUCTION OF STATE SEC. 205. No appropriations in this title Appropriations of both Houses of Congress VETERANS CEMETERIES shall be available for hospitalization or ex- approve within 30 days following the date on For grants to aid States in establishing, amination of any persons (except bene- which the report is received. expanding, or improving State veterans ficiaries entitled under the laws bestowing SEC. 212. No funds of the Department of cemeteries as authorized by section 2408 of such benefits to veterans, and persons receiv- Veterans Affairs shall be available for hos- title 38, United States Code, $100,000,000, to ing such treatment under sections 7901–7904 pital care, nursing home care, or medical remain available until expended. of title 5, United States Code or the Robert services provided to any person under chap- INFORMATION TECHNOLOGY SYSTEMS T. Stafford Disaster Relief and Emergency ter 17 of title 38, United States Code, for a non-service-connected disability described in For necessary expenses for information Assistance Act (42 U.S.C. 5121 et seq.)), unless section 1729(a)(2) of such title, unless that technology systems and telecommunications reimbursement of cost is made to the ‘‘Med- person has disclosed to the Secretary of Vet- support, including developmental informa- ical services’’ account at such rates as may erans Affairs, in such form as the Secretary tion systems and operational information be fixed by the Secretary of Veterans Affairs. SEC. 206. Appropriations available in this may require, current, accurate third-party systems; including pay and associated cost title for ‘‘Compensation and pensions’’, ‘‘Re- reimbursement information for purposes of for operations and maintenance associated adjustment benefits’’, and ‘‘Veterans insur- section 1729 of such title: Provided, That the staff; for the capital asset acquisition of in- ance and indemnities’’ shall be available for Secretary may recover, in the same manner formation technology systems, including payment of prior year accrued obligations as any other debt due the United States, the management and related contractual costs of required to be recorded by law against the reasonable charges for such care or services said acquisitions, including contractual corresponding prior year accounts within the from any person who does not make such dis- costs associated with operations authorized last quarter of fiscal year 2007. closure as required: Provided further, That by chapter 3109 of title 5, United States Code, SEC. 207. Appropriations available in this any amounts so recovered for care or serv- $1,898,000,000, to remain available until Sep- title shall be available to pay prior year obli- ices provided in a prior fiscal year may be tember 30, 2009: Provided, That none of these gations of corresponding prior year appro- obligated by the Secretary during the fiscal funds may be obligated until the Department priations accounts resulting from sections year in which amounts are received. of Veterans Affairs submits to the Commit- 3328(a), 3334, and 3712(a) of title 31, United (INCLUDING TRANSFER OF FUNDS) tees on Appropriations of both Houses of States Code, except that if such obligations Congress, and such Committees approve, a SEC. 213. Notwithstanding any other provi- are from trust fund accounts they shall be sion of law, at the discretion of the Sec- plan for expenditure that: (1) meets the cap- payable from ‘‘Compensation and pensions’’. ital planning and investment control review retary of Veterans Affairs, proceeds or reve- requirements established by the Office of (INCLUDING TRANSFER OF FUNDS) nues derived from enhanced-use leasing ac- Management and Budget; (2) complies with SEC. 208. Notwithstanding any other provi- tivities (including disposal) may be deposited the Department of Veterans Affairs enter- sion of law, during fiscal year 2008, the Sec- into the ‘‘Construction, major projects’’ and prise architecture; (3) conforms with an es- retary of Veterans Affairs shall, from the ‘‘Construction, minor projects’’ accounts and tablished enterprise life cycle methodology; National Service Life Insurance Fund (38 be used for construction (including site ac- and (4) complies with the acquisition rules, U.S.C. 1920), the Veterans’ Special Life Insur- quisition and disposition), alterations and requirements, guidelines, and systems acqui- ance Fund (38 U.S.C. 1923), and the United improvements of any medical facility under sition management practices of the Federal States Government Life Insurance Fund (38 the jurisdiction or for the use of the Depart- Government: Provided further, That within 60 U.S.C. 1955), reimburse the ‘‘General oper- ment of Veterans Affairs. Such sums as real- days of enactment of this Act, the Secretary ating expenses’’ account for the cost of ad- ized are in addition to the amount provided of Veterans Affairs shall submit to the Com- ministration of the insurance programs fi- for in ‘‘Construction, major projects’’ and mittees on Appropriations of both Houses of nanced through those accounts: Provided, ‘‘Construction, minor projects’’. Congress a reprogramming base letter which That reimbursement shall be made only from SEC. 214. Amounts made available under provides, by project, the costs included in the surplus earnings accumulated in an in- ‘‘Medical services’’ are available— this appropriation. surance program in fiscal year 2008 that are (1) for furnishing recreational facilities, available for dividends in that program after supplies, and equipment; and ADMINISTRATIVE PROVISIONS claims have been paid and actuarially deter- (2) for funeral expenses, burial expenses, (INCLUDING TRANSFER OF FUNDS) mined reserves have been set aside: Provided and other expenses incidental to funerals and SEC. 201. Any appropriation for fiscal year further, That if the cost of administration of burials for beneficiaries receiving care in the 2008, in this Act or any other Act, for ‘‘Com- an insurance program exceeds the amount of Department.

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(INCLUDING TRANSFER OF FUNDS) tees on Appropriations of both Houses of UNITED STATES COURT OF APPEALS SEC. 215. Such sums as may be deposited to Congress to make the transfer and an ap- FOR VETERANS CLAIMS the Medical Care Collections Fund pursuant proval is issued, or absent a response, a pe- SALARIES AND EXPENSES to section 1729A of title 38, United States riod of 30 days has elapsed. For necessary expenses for the operation of Code, may be transferred to ‘‘Medical serv- SEC. 223. None of the funds available to the the United States Court of Appeals for Vet- ices’’, to remain available until expended for Department of Veterans Affairs, in this Act, erans Claims as authorized by sections 7251– the purposes of this account. or any other Act, may be used to replace the 7298 of title 38, United States Code, current system by which the Veterans Inte- SEC. 216. Notwithstanding any other provi- $24,217,000: Provided, That $1,120,000 shall be sion of law, the Secretary of Veterans Affairs grated Services Networks select and con- available for the purpose of providing finan- tract for diabetes monitoring supplies and shall allow veterans eligible under existing cial assistance as described, and in accord- equipment. Department of Veterans Affairs medical care ance with the process and reporting proce- SEC. 224. Of the amounts made available requirements and who reside in Alaska to ob- dures set forth, under this heading in Public for fiscal year 2008, in this Act or any other tain medical care services from medical fa- Law 102–229. Act, under the ‘‘Medical Facilities’’ account cilities supported by the Indian Health Serv- for non-recurring maintenance, not more DEPARTMENT OF DEFENSE—CIVIL ice or tribal organizations. The Secretary than 20 percent of the funds made available CEMETERIAL EXPENSES, ARMY shall: (1) limit the application of this provi- shall be obligated during the last two SALARIES AND EXPENSES sion to rural Alaskan veterans in areas months of the fiscal year. For necessary expenses, as authorized by where an existing Department of Veterans SEC. 225. PROHIBITION ON DISPOSAL OF DE- law, for maintenance, operation, and im- Affairs facility or Veterans Affairs-con- PARTMENT OF VETERANS AFFAIRS LANDS AND provement of Arlington National Cemetery tracted service is unavailable; (2) require IMPROVEMENTS AT WEST LOS ANGELES MED- and Soldiers’ and Airmen’s Home National participating veterans and facilities to com- ICAL CENTER, CALIFORNIA. (a) IN GENERAL.— Cemetery, including the purchase of two pas- ply with all appropriate rules and regula- The Secretary of Veterans Affairs may not senger motor vehicles for replacement only, tions, as established by the Secretary; (3) re- declare as excess to the needs of the Depart- and not to exceed $1,000 for official reception quire this provision to be consistent with ment of Veterans Affairs, or otherwise take and representation expenses, $31,865,000, to Capital Asset Realignment for Enhanced any action to exchange, trade, auction, remain available until expended. In addition, Services activities; and (4) result in no addi- transfer, or otherwise dispose of, or reduce such sums as may be necessary for parking tional cost to the Department of Veterans the acreage of, Federal land and improve- maintenance, repairs and replacement, to be Affairs or the Indian Health Service. ments at the Department of Veterans Affairs derived from the Lease of Department of De- (INCLUDING TRANSFER OF FUNDS) West Los Angeles Medical Center, California, fense Real Property for Defense Agencies ac- SEC. 217. Such sums as may be deposited to encompassing approximately 388 acres on the count. the Department of Veterans Affairs Capital north and south sides of Wilshire Boulevard Funds appropriated under this Act may be Asset Fund pursuant to section 8118 of title and west of the 405 Freeway. provided to Arlington County, Virginia, for 38, United States Code, may be transferred to (b) SPECIAL PROVISION REGARDING LEASE the relocation of the federally-owned the ‘‘Construction, major projects’’ and WITH REPRESENTATIVE OF THE HOMELESS.— watermain at Arlington National Cemetery ‘‘Construction, minor projects’’ accounts, to Notwithstanding any provision of this Act, making additional land available for ground remain available until expended for the pur- section 7 of the Homeless Veterans Com- burials. poses of these accounts. prehensive Services Act of 1992 (Public Law ARMED FORCES RETIREMENT HOME SEC. 218. None of the funds made available 102–590) shall remain in effect. TRUST FUND (c) CONFORMING AMENDMENT.—Section in this Act may be used to implement any For expenses necessary for the Armed 8162(c)(1) of title 38, United States Code, is policy prohibiting the Directors of the Vet- Forces Retirement Home to operate and amended— erans Integrated Service Networks from con- maintain the Armed Forces Retirement (1) by inserting ‘‘or section 225(a) of the ducting outreach or marketing to enroll new Home—Washington, District of Columbia Military Construction and Veterans Affairs veterans within their respective Networks. and the Armed Forces Retirement Home— and Related Agencies Appropriations Act, SEC. 219. The Secretary of Veterans Affairs Gulfport, Mississippi, to be paid from funds shall submit to the Committees on Appro- 2008’’ after ‘‘section 421(b)(2) of the Veterans’ available in the Armed Forces Retirement priations of both Houses of Congress a quar- Benefits and Services Act of 1988 (Public Law Home Trust Fund, $55,724,000. 100–322; 102 Stat. 553)’’; and terly report on the financial status of the GENERAL FUND PAYMENT, ARMED FORCES Veterans Health Administration. (2) by striking ‘‘that section’’ and inserting ‘‘such sections’’. RETIREMENT HOME (INCLUDING TRANSFER OF FUNDS) (d) EFFECTIVE DATE.—This section, includ- For payment to the ‘‘Armed Forces Retire- SEC. 220. Amounts made available under ing the amendment made by this section, ment Home’’, $5,900,000, to remain available the ‘‘Medical services’’, ‘‘Medical Adminis- shall apply with respect to fiscal year 2008 until expended. tration’’, ‘‘Medical facilities’’, ‘‘General op- and each fiscal year thereafter. ADMINISTRATIVE PROVISION erating expenses’’, and ‘‘National Cemetery SEC. 226. The Department shall continue SEC. 301. None of the funds in this title Administration’’ accounts for fiscal year research into Gulf War Illness at levels not under the heading ‘‘American Battle Monu- 2008, may be transferred to or from the ‘‘In- less than those made available in fiscal year ments Commission’’ shall be available for formation technology systems’’ account: 2007, within available funds contained in this the Capital Security Costs Sharing program. Provided, That before a transfer may take Act. TITLE IV place, the Secretary of Veterans Affairs shall TITLE III GENERAL PROVISIONS request from the Committees on Appropria- RELATED AGENCIES SEC. 401. No part of any appropriation con- tions of both Houses of Congress the author- AMERICAN BATTLE MONUMENTS tained in this Act shall remain available for ity to make the transfer and an approval is COMMISSION obligation beyond the current fiscal year un- issued. SALARIES AND EXPENSES less expressly so provided herein. (INCLUDING TRANSFER OF FUNDS) For necessary expenses, not otherwise pro- SEC. 402. Such sums as may be necessary SEC. 221. For purposes of perfecting the vided for, of the American Battle Monu- for fiscal year 2008 pay raises for programs funding sources of the Department of Vet- ments Commission, including the acquisition funded by this Act shall be absorbed within erans Affairs’ new ‘‘Information technology of land or interest in land in foreign coun- the levels appropriated in this Act. systems’’ account, funds made available for tries; purchases and repair of uniforms for SEC. 403. None of the funds made available fiscal year 2008, in this or any other Act, caretakers of national cemeteries and monu- in this Act may be used for any program, project, or activity, when it is made known may be transferred from the ‘‘General oper- ments outside of the United States and its to the Federal entity or official to which the ating expenses’’, ‘‘National Cemetery Ad- territories and possessions; rent of office and funds are made available that the program, ministration’’, and ‘‘Office of Inspector Gen- garage space in foreign countries; purchase project, or activity is not in compliance with eral’’ accounts to the ‘‘Medical services’’ ac- (one-for-one replacement only) and hire of any Federal law relating to risk assessment, count: Provided, That before a transfer may passenger motor vehicles; not to exceed the protection of private property rights, or take place, the Secretary of Veterans Affairs $7,500 for official reception and representa- unfunded mandates. shall request from the Committees on Appro- tion expenses; and insurance of official SEC. 404. No part of any funds appropriated priations of both Houses of Congress the au- motor vehicles in foreign countries, when re- thority to make the transfer and an approval in this Act shall be used by an agency of the quired by law of such countries, $45,600,000, executive branch, other than for normal and is issued. to remain available until expended. recognized executive-legislative relation- (INCLUDING TRANSFER OF FUNDS) FOREIGN CURRENCY FLUCTUATIONS ships, for publicity or propaganda purposes, SEC. 222. Amounts made available for the For necessary expenses, not otherwise pro- and for the preparation, distribution or use ‘‘Information technology systems’’ account vided for, of the American Battle Monu- of any kit, pamphlet, booklet, publication, may be transferred between projects: Pro- ments Commission, $11,000,000, to remain radio, television or film presentation de- vided, That no project may be increased or available until expended, for purposes au- signed to support or defeat legislation pend- decreased by more than $1,000,000 of cost thorized by section 2109 of title 36, United ing before Congress, except in presentation prior to submitting a request to the Commit- States Code. to Congress itself.

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SEC. 405. All departments and agencies under the Internal Revenue Code of 1986, and conduct an assessment of the adequacy of funded under this Act are encouraged, within has not been notified of any unpaid Federal the mental health care services provided by the limits of the existing statutory authori- tax assessment for which the liability re- the Department of Veterans Affairs and the ties and funding, to expand their use of ‘‘E- mains unsatisfied unless the assessment is Department of Defense to female members of Commerce’’ technologies and procedures in the subject of an installment agreement or the Armed Forces and female veterans to the conduct of their business practices and offer in compromise that has been approved meet the mental health care needs of such public service activities. by the Internal Revenue Service and is not members and veterans. SEC. 406. None of the funds made available in default or the assessment is the subject of (b) REPORT.—Not later than September 1, in this Act may be transferred to any depart- a non-frivolous administrative or judicial ap- 2008, the Comptroller General shall submit to ment, agency, or instrumentality of the peal. the Subcommittees referred to in section 407 United States Government except pursuant a report on the assessment required by sub- to a transfer made by, or transfer authority SA 2659. Mr. OBAMA submitted an section (a). provided in, this Act or any other appropria- amendment intended to be proposed by f tions Act. him to the bill H.R. 2642, making ap- SEC. 407. Unless stated otherwise, all re- propriations for military construction, NOTICES OF HEARINGS ports and notifications required by this Act COMMITTEE ON ENERGY AND NATURAL shall be submitted to the Subcommittee on the Department of Veterans Affairs, RESOURCES Military Construction, Veterans Affairs, and and related agencies for the fiscal year Related Agencies of the Committee on Ap- ending September 30, 2008, and for Mr. BINGAMAN. Mr. President, I propriations of the House of Representatives other purposes; which was ordered to would like to announce for the infor- and the Subcommittee on Military Construc- lie on the table; as follows: mation of the Senate and the public tion, Veterans Affairs, and Related Agencies On page 50, between lines 17 and 18, insert that a hearing has been scheduled be- of the Committee on Appropriations of the the following: fore Committee on Energy and Natural Senate. SEC. 408. None of the funds appropriated or Resources Subcommittee on National This Act may be cited as the ‘‘Military otherwise made available by this Act may be Parks. Construction and Veterans Affairs and Re- used to enter into a contract in an amount lated Agencies Appropriations Act, 2008’’. The hearing will be held on Sep- greater than $5,000,000 or to award a grant in tember 11, 2007, at 2:30 p.m. in room excess of such amount unless the agency SA 2657. Mr. LAUTENBERG (for him- awarding the contract or grant includes in- SD–366 of the Dirksen Senate Office self and Mr. MENENDEZ) submitted an formation on its Internet website regarding Building. amendment intended to be proposed by whether the contract or grant recipient has The purpose of the hearing is to re- him to the bill H.R. 2642, making ap- been the subject of any civil, criminal, or ad- ceive testimony on the following bills: propriations for military construction, ministrative proceedings initiated or con- S. 127, to amend the Great Sand Dunes the Department of Veterans Affairs, cluded by the Federal Government or any National Park and Preserve Act of 2000 and related agencies for the fiscal year State government during the most recent 5- to explain the purpose and provide for year period. ending September 30, 2008, and for the administration of the Baca Na- other purposes; which was ordered to SA 2660. Mrs. MCCASKILL submitted tional Wildlife Refuge; S. 327 and H.R. lie on the table; as follows: an amendment intended to be proposed 359, to authorize the Secretary of the On page 23, between lines 4 and 5, insert by him to the bill H.R. 2642, making ap- Interior to conduct a special resource the following: propriations for military construction, study of sites associated with the life SEC. 127. No funds appropriated or other- the Department of Veterans Affairs, of Cesar Estrada Chavez and the farm wise made available by this Act may be obli- labor movement; S. 868, to amend the gated or expended for the removal of assets and related agencies for the fiscal year ending September 30, 2008, and for Wild and Scenic Rivers Act to des- or personnel from Fort Monmouth, New Jer- ignate segments of the Taunton River sey, in connection with the 2005 round of de- other purposes; which was ordered to fense base closure and realignment until the lie on the table; as follows: in the Commonwealth of Massachu- Secretary of the Army submits to the appro- On page 46, between lines 2 and 3, insert setts as a component of the National priate committees of Congress, in accord- the following: Wild and Scenic Rivers System; S. 1051, ance with the recommendation of the 2005 SEC. 227. (a) ANONYMOUS REPORTING OF to authorize National Mall Liberty Defense Base Closure and Realignment Com- WASTE, FRAUD, OR ABUSE.—Not later than 30 Fund D.C. to establish a memorial on mission relating to Fort Monmouth, a report days after the date of the enactment of this Federal land in the District of Colum- on whether the ‘‘movement of organizations, Act, the Inspector General of the Depart- bia at Constitution Gardens previously functions, or activities from Fort Monmouth ment of Veterans Affairs shall establish and approved to honor free persons and to Aberdeen Proving Ground will be accom- maintain on the homepage of the Internet plished without disruption of their support website of the Office of Inspector General a slaves who fought for independence, to the Global War on Terrorism or other mechanism by which individuals can anony- liberty, and justice for all during the critical contingency operations and that mously report cases of waste, fraud, or abuse American Revolution; S. 1184 and H.R. safeguards exist to ensure that necessary re- with respect to the Department of Veterans 1021, to direct the Secretary of the In- dundant capabilities are put in place to miti- Affairs. terior to conduct a special resources gate potential degradation of such support, (b) LINK TO OFFICE OF INSPECTOR GENERAL study regarding the suitability and fea- and to ensure maximum retention of critical FROM HOMEPAGE OF DEPARTMENT OF VET- sibility of designating certain historic workforce’’. ERANS AFFAIRS.—Not later than 30 days after buildings and areas in Taunton, Massa- the date of the enactment of this Act, the SA 2658. Mr. OBAMA submitted an Secretary of Veterans Affairs shall establish chusetts, as a unit of the National amendment intended to be proposed by and maintain on the homepage of the Inter- Park System, and for other purposes; her to the bill H.R. 2642, making appro- net website of the Department of Veterans S. 1247, to amend the Weir Farm Na- priations for military construction, the Affairs a direct link to the Internet website tional Historic Site Establishment Act Department of Veterans Affairs, and of the Office of Inspector General of the De- of 1990 to limit the development of any partment of Veterans Affairs. related agencies for the fiscal year end- property acquired by the Secretary of the Interior for the development of vis- ing September 30, 2008, and for other Mr. FEINGOLD submitted SA 2661. itor and administrative facilities for purposes; which was ordered to lie on an amendment intended to be proposed the Weir Farm National Historic Site, the table; as follows: by him to the bill H.R. 2642, making ap- and for other purposes; S. 1304, to On page 50, between lines 17 and 18, insert propriations for military construction, amend the National Trails System Act the following: the Department of Veterans Affairs, to designate the Arizona National Sce- SEC. 408. None of the funds appropriated or and related agencies for the fiscal year otherwise made available by this Act may be nic Trail; S. 1329, to extend the Acadia ending September 30, 2008, and for used to enter into a contract in an amount National Park Advisory Commission, other purposes; which was ordered to greater than $5,000,000 or to award a grant in to provide improved visitor services at lie on the table; as follows: excess of such amount unless the prospective the park, and for other purposes; H.R. contractor or grantee certifies in writing to On page 50, between lines 17 and 18, insert 759, to redesignate the Ellis Island Li- the agency awarding the contract or grant the following: that the contractor or grantee has filed all SEC. 408. (a) ASSESSMENT OF MENTAL brary on the third floor of the Ellis Is- Federal tax returns required during the HEALTH CARE SERVICES FOR FEMALE land Immigration Museum, located on three years preceding the certification, has SERVICEMEMBERS AND VETERANS.—The Comp- Ellis Island in New York Harbor, as the not been convicted of a criminal offense troller General of the United States shall ‘‘Bob Hope Memorial Library’’; and

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11066 CONGRESSIONAL RECORD — SENATE September 4, 2007 H.R. 807, to direct the Secretary of the privilege of the floor until November (5) the term ‘‘disaster loan program of the Interior to conduct a special resource 29, 2007. Administration’’ means assistance under sec- study to determine the feasibility and The PRESIDING OFFICER. Without tion 7(b) of the Small Business Act (15 U.S.C. 636(b)); suitability of establishing a memorial objection, it is so ordered. (6) the term ‘‘disaster update period’’ to the Space Shuttle Columbia in the f means the period beginning on the date on State of Texas and for its inclusion as which the President declares a major dis- a unit of the National Park System. SMALL BUSINESS DISASTER RE- aster or a catastrophic national disaster and Because of the limited time available SPONSE AND LOAN IMPROVE- ending on the date on which such declaration for the hearing, witnesses may testify MENT ACT OF 2007 terminates; by invitation only. However, those On Friday, August 3, 2007, the Senate (7) the term ‘‘major disaster’’ has the wishing to submit written testimony meaning given that term in section 102 of the Passed S. 163, as amended, as follows: Robert T. Stafford Disaster Relief and Emer- for the hearing record should send it to S. 163 gency Assistance Act (42 U.S.C. 5122); the Committee on Energy and Natural Be it enacted by the Senate and House of Rep- (8) the term ‘‘small business concern’’ has Resources, United States Senate, resentatives of the United States of America in the same meaning as in section 3 of the Washington DC 20510–6150, or by email Congress assembled, Small Business Act (15 U.S.C. 632); and to ra- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (9) the term ‘‘State’’ means any State of the United States, the District of Columbia, [email protected]. (a) SHORT TITLE.—This Act may be cited as the Commonwealth of Puerto Rico, the For further information, please con- the ‘‘Small Business Disaster Response and Northern Mariana Islands, the Virgin Is- Loan Improvements Act of 2007’’. tact David Brooks at (202) 224–9863 or lands, Guam, American Samoa, and any ter- (b) TABLE OF CONTENTS.—The table of con- Rachel Pasternack at (202) Q24–0883. ritory or possession of the United States. tents for this Act is as follows: COMMITTEE ON RULES AND ADMINISTRATION SEC. 3. EXTENSION OF PROGRAM AUTHORITY. Mrs. FEINSTEIN. Mr. President, I Sec. 1. Short title; table of contents. (a) IN GENERAL.—Section 1 of the Act enti- Sec. 2. Definitions. tled ‘‘An Act to extend temporarily certain wish to announce that the Committee Sec. 3. Extension of program authority. on Rules and Administration will meet authorities of the Small Business Adminis- TITLE I—DISASTER PLANNING AND tration’’, approved October 10, 2006 (Public on Wednesday, September 12, 2007, at 10 RESPONSE Law 109–316; 120 Stat. 1742), is amended by a.m., to conduct a hearing on the Nom- Sec. 101. Disaster loans to nonprofits. striking ‘‘July 31, 2007’’ each place it appears ination of Robert C. Tapella of Vir- Sec. 102. Disaster loan amounts. and inserting ‘‘October 31, 2007’’. (b) EFFECTIVE DATE.—The amendments ginia, to be Public Printer, Govern- Sec. 103. Small business development center made by subsection (a) shall take effect on ment Printing Office. portability grants. July 31, 2007. For further information regarding Sec. 104. Assistance to out-of-State busi- this hearing, please contact Howard nesses. TITLE I—DISASTER PLANNING AND RESPONSE Gantman at the Rules and Administra- Sec. 105. Outreach programs. tion Committee, 224–6352. Sec. 106. Small business bonding threshold. SEC. 101. DISASTER LOANS TO NONPROFITS. Sec. 107. Termination of program. Section 7(b) of the Small Business Act (15 f Sec. 108. Increasing collateral requirements. U.S.C. 636(b)) is amended by inserting imme- Sec. 109. Public awareness of disaster dec- diately after paragraph (3) the following: AUTHORITY FOR COMMITTEES TO ‘‘(4) LOANS TO NONPROFITS.—In addition to MEET laration and application peri- ods. any other loan authorized by this subsection, COMMITTEE ON ARMED SERVICES Sec. 110. Consistency between Administra- the Administrator may make such loans (ei- ther directly or in cooperation with banks or Mr. REED. Mr. President, I ask unan- tion regulations and standard operating procedures. other lending institutions through agree- imous consent that the Committee on ments to participate on an immediate or de- Armed Services be authorized to meet Sec. 111. Processing disaster loans. Sec. 112. Development and implementation ferred basis) as the Administrator deter- during the session of the Senate on of major disaster response plan. mines appropriate to a nonprofit organiza- Tuesday, September 4, 2007 at 2 p.m. in Sec. 113. Disaster planning responsibilities. tion located or operating in an area affected executive session to continue to re- Sec. 114. Additional authority for district of- by a natural or other disaster, as determined ceive information relating to the treat- fices of the Administration. under paragraph (1) or (2), or providing serv- Sec. 115. Assignment of employees of the Of- ices to persons who have evacuated from any ment of detainees. such area.’’. The PRESIDING OFFICER. Without fice of Disaster Assistance and Disaster Cadre. SEC. 102. DISASTER LOAN AMOUNTS. objection, it is so ordered. (a) INCREASED LOAN CAPS.—Section 7(b) of TITLE II—DISASTER LENDING COMMITTEE ON FOREIGN RELATIONS the Small Business Act (15 U.S.C. 636(b)) is Mr. REED. Mr. President, I ask unan- Sec. 201. Catastrophic national disaster dec- amended by inserting immediately after imous consent that the Committee on laration. paragraph (4), as added by this title, the fol- Sec. 202. Private disaster loans. lowing: Foreign Relations be authorized to Sec. 203. Technical and conforming amend- ‘‘(5) INCREASED LOAN CAPS.— meet during the session of the Senate ments. ‘‘(A) AGGREGATE LOAN AMOUNTS.—Except as on Tuesday, September 4, 2007, at 2 Sec. 204. Expedited disaster assistance loan provided in subparagraph (B), and notwith- p.m., in room 419 of the Dirksen Senate program. standing any other provision of law, the ag- Office Building, to hear testimony Sec. 205. HUBZones. gregate loan amount outstanding and com- from the Government Accountability TITLE III—DISASTER ASSISTANCE mitted to a borrower under this subsection Office on the situation in Iraq. OVERSIGHT may not exceed $2,000,000. ‘‘(B) WAIVER AUTHORITY.—The Adminis- The PRESIDING OFFICER. Without Sec. 301. Congressional oversight. trator may, at the discretion of the Adminis- objection, it is so ordered. SEC. 2. DEFINITIONS. trator, increase the aggregate loan amount f In this Act— under subparagraph (A) for loans relating to (1) the terms ‘‘Administration’’ and ‘‘Ad- a disaster to a level established by the Ad- PRIVILEGES OF THE FLOOR ministrator’’ mean the Small Business Ad- ministrator, based on appropriate economic Mrs. HUTCHISON. Mr. President, at ministration and the Administrator thereof, indicators for the region in which that dis- this time I ask unanimous consent that respectively; aster occurred.’’. (2) the term ‘‘catastrophic national dis- Yvonne Stone, a Presidential manage- (b) DISASTER MITIGATION.— aster’’ means a catastrophic national dis- (1) IN GENERAL.—Section 7(b)(1)(A) of the ment fellow assigned to the Appropria- aster declared under section 7(b)(11) of the Small Business Act (15 U.S.C. 636(b)(1)(A)) is tions Committee from the Department Small Business Act (15 U.S.C. 636(b)), as amended by inserting ‘‘of the aggregate costs of Veterans Affairs and a staff member added by this Act; of such damage or destruction (whether or of the committee, be granted floor (3) the term ‘‘declared disaster’’ means a not compensated for by insurance or other- privileges for the duration of the de- major disaster or a catastrophic national wise)’’ after ‘‘20 per centum’’. bate on this bill. disaster; (2) EFFECTIVE DATE.—The amendment The PRESIDING OFFICER. Without (4) the term ‘‘disaster area’’ means an area made by paragraph (1) shall apply with re- affected by a natural or other disaster, as de- objection, it is so ordered. spect to a loan or guarantee made after the termined for purposes of paragraph (1) or (2) date of enactment of this Act. Mr. CORNYN. Mr. President, I ask of section 7(b) of the Small Business Act (15 (c) TECHNICAL AMENDMENTS.—Section 7(b) unanimous consent that a member of U.S.C. 636(b)), during the period of such dec- of the Small Business Act (15 U.S.C. 636(b)) is my staff, Leah McCoy, be granted the laration; amended—

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2007 CONGRESSIONAL RECORD — SENATE S11067 (1) in the matter preceding paragraph (1), istrator may determine appropriate, upon beginning on the date on which that major by striking ‘‘the, Administration’’ and in- conclusion of a memorandum of under- disaster was declared and ending on the date serting ‘‘the Administration’’; standing or assistance agreement, as appro- of that report; and (2) in paragraph (2)(A), by striking ‘‘Dis- priate, with the Administrator. ‘‘(iii) an estimate of the number of poten- aster Relief and Emergency Assistance Act’’ SEC. 106. SMALL BUSINESS BONDING THRESH- tial applicants that have not submitted an and inserting ‘‘Robert T. Stafford Disaster OLD. application relating to that major disaster. Relief and Emergency Assistance Act (42 (a) IN GENERAL.—Except as provided in ‘‘(7) PUBLIC AWARENESS OF DISASTERS.—If a U.S.C. 5121 et seq.) (in this subsection re- subsection (b), and notwithstanding any disaster (including a catastrophic national ferred to as a ‘major disaster’)’’; and other provision of law, for any procurement disaster) is declared under this subsection, (3) in the undesignated matter at the end— related to a major disaster, the Adminis- the Administrator shall make every effort to (A) by striking ‘‘, (2), and (4)’’ and insert- trator may, upon such terms and conditions communicate through radio, television, ing ‘‘and (2)’’; and as the Administrator may prescribe, guar- print, and web-based outlets, all relevant in- (B) by striking ‘‘, (2), or (4)’’ and inserting antee and enter into commitments to guar- formation needed by disaster loan appli- ‘‘(2)’’. antee any surety against loss resulting from cants, including— SEC. 103. SMALL BUSINESS DEVELOPMENT CEN- a breach of the terms of a bid bond, payment ‘‘(A) the date of such declaration; TER PORTABILITY GRANTS. bond, performance bond, or bonds ancillary ‘‘(B) cities and towns within the area of Section 21(a)(4)(C)(viii) of the Small Busi- thereto, by a principal on any total work such declaration; ness Act (15 U.S.C. 648(a)(4)(C)(viii)) is order or contract amount at the time of bond ‘‘(C) loan application deadlines related to amended— execution that does not exceed $5,000,000. such disaster; (1) in the first sentence, by striking ‘‘as a (b) INCREASE OF AMOUNT.—Upon request of ‘‘(D) all relevant contact information for result of a business or government facility the head of any Federal agency other than victim services available through the Ad- down sizing or closing, which has resulted in the Administration involved in reconstruc- ministration (including links to small busi- the loss of jobs or small business instability’’ tion efforts in response to a major disaster, ness development center websites); and inserting ‘‘due to events that have re- the Administrator may guarantee and enter ‘‘(E) links to relevant Federal and State sulted or will result in, business or govern- into a commitment to guarantee any secu- disaster assistance websites, including links ment facility downsizing or closing’’; and rity against loss under subsection (a) on any to websites providing information regarding (2) by adding at the end ‘‘At the discretion total work order or contract amount at the assistance available from the Federal Emer- of the Administrator, the Administrator time of bond execution that does not exceed gency Management Agency; may make an award greater than $100,000 to $10,000,000. ‘‘(F) information on eligibility criteria for a recipient to accommodate extraordinary SEC. 107. TERMINATION OF PROGRAM. Administration loan programs, including occurrences having a catastrophic impact on Section 711(c) of the Small Business Com- where such applications can be found; and the small business concerns in a commu- petitive Demonstration Program Act of 1988 ‘‘(G) application materials that clearly nity.’’. (15 U.S.C. 644 note) is amended by inserting state the function of the Administration as SEC. 104. ASSISTANCE TO OUT-OF-STATE BUSI- after ‘‘January 1, 1989’’ the following: ‘‘, and the Federal source of disaster loans for NESSES. shall terminate on the date of enactment of homeowners and renters.’’. Section 21(b)(3) of the Small Business Act the Small Business Disaster Response and (b) MARKETING AND OUTREACH.—Not later (15 U.S.C. 648(b)(3)) is amended— Loan Improvements Act of 2007’’. than 90 days after the date of enactment of (1) by striking ‘‘At the discretion’’ and in- SEC. 108. INCREASING COLLATERAL REQUIRE- this Act, the Administrator shall create a serting the following: ‘‘SMALL BUSINESS DE- MENTS. marketing and outreach plan that— VELOPMENT CENTERS.— Section 7(c)(6) of the Small Business Act (1) encourages a proactive approach to the ‘‘(A) IN GENERAL.—At the discretion’’; and (15 U.S.C. 636(c)(6)) is amended by striking disaster relief efforts of the Administration; (2) by adding at the end the following: ‘‘$10,000 or less’’ and inserting ‘‘$14,000 or less (2) makes clear the services provided by ‘‘(B) DURING DISASTERS.— (or such higher amount as the Administrator the Administration, including contact infor- ‘‘(i) IN GENERAL.—At the discretion of the determines appropriate in the event of a cat- mation, application information, and Administrator, the Administrator may au- astrophic national disaster declared under timelines for submitting applications, the thorize a small business development center subsection (b)(11))’’. review of applications, and the disbursement of funds; to provide such assistance to small business SEC. 109. PUBLIC AWARENESS OF DISASTER DEC- concerns located outside of the State, with- LARATION AND APPLICATION PERI- (3) describes the different disaster loan out regard to geographic proximity, if the ODS. programs of the Administration, including small business concerns are located in a dis- (a) IN GENERAL.—Section 7(b) of the Small how they are made available and the eligi- aster area declared under section 7(b)(2)(A). Business Act (15 U.S.C. 636(b)) is amended by bility requirements for each loan program; ‘‘(ii) CONTINUITY OF SERVICES.—A small inserting immediately after paragraph (5), as (4) provides for regional marketing, focus- business development center that provides added by this Act, the following: ing on disasters occurring in each region be- counselors to an area described in clause (i) ‘‘(6) COORDINATION WITH FEMA.— fore the date of enactment of this Act, and shall, to the maximum extent practicable, ‘‘(A) IN GENERAL.—Notwithstanding any likely scenarios for disasters in each such re- ensure continuity of services in any State in other provision of law, for any disaster (in- gion; and which such small business development cen- cluding a catastrophic national disaster) de- (5) ensures that the marketing plan is ter otherwise provides services. clared under this subsection or major dis- made available at small business develop- ‘‘(iii) ACCESS TO DISASTER RECOVERY FACILI- aster, the Administrator, in consultation ment centers and on the website of the Ad- TIES.—For purposes of providing disaster re- with the Administrator of the Federal Emer- ministration. covery assistance under this subparagraph, gency Management Agency, shall ensure, to SEC. 110. CONSISTENCY BETWEEN ADMINISTRA- the Administrator shall, to the maximum ex- the maximum extent practicable, that all TION REGULATIONS AND STANDARD tent practicable, permit small business de- application periods for disaster relief under OPERATING PROCEDURES. velopment center personnel to use any site this Act correspond with application dead- (a) IN GENERAL.—The Administrator shall, or facility designated by the Administrator lines established under the Robert T. Staf- promptly following the date of enactment of for use to provide disaster recovery assist- ford Disaster Relief and Emergency Assist- this Act, conduct a study of whether the ance.’’. ance Act (42 U.S.C. 5121 et seq.), or as ex- standard operating procedures of the Admin- SEC. 105. OUTREACH PROGRAMS. tended by the President. istration for loans offered under section 7(b) (a) IN GENERAL.—Not later than 30 days ‘‘(B) DEADLINES.—Notwithstanding any of the Small Business Act (15 U.S.C. 636(b)) after the date of the declaration of a disaster other provision of law, not later than 10 days are consistent with the regulations of the area, the Administrator may establish a con- before the closing date of an application pe- Administration for administering the dis- tracting outreach and technical assistance riod for a major disaster (including a cata- aster loan program. program for small business concerns which strophic national disaster), the Adminis- (b) REPORT.—Not later than 180 days after have had a primary place of business in, or trator, in consultation with the Adminis- the date of enactment of this Act, the Ad- other significant presence in, such disaster trator of the Federal Emergency Manage- ministration shall submit to Congress a re- area. ment Agency, shall submit to the Committee port containing all findings and rec- (b) ADMINISTRATOR ACTION.—The Adminis- on Small Business and Entrepreneurship of ommendations of the study conducted under trator may carry out subsection (a) by act- the Senate and the Committee on Small subsection (a). ing through— Business of the House of Representatives a SEC. 111. PROCESSING DISASTER LOANS. (1) the Administration; report that includes— (a) AUTHORITY FOR QUALIFIED PRIVATE CON- (2) the Federal agency small business offi- ‘‘(i) the deadline for submitting applica- TRACTORS TO PROCESS DISASTER LOANS.— cials designated under section 15(k)(1) of the tions for assistance under this Act relating Section 7(b) of the Small Business Act (15 Small Business Act (15 U.S.C. 644(k)(1)); or to that major disaster; U.S.C. 636(b)) is amended by inserting imme- (3) any Federal, State, or local government ‘‘(ii) information regarding the number of diately after paragraph (7), as added by this entity, higher education institution, pro- loan applications and disbursements proc- Act, the following: curement technical assistance center, or pri- essed by the Administrator relating to that ‘‘(8) AUTHORITY FOR QUALIFIED PRIVATE CON- vate nonprofit organization that the Admin- major disaster for each day during the period TRACTORS.—

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‘‘(A) DISASTER LOAN PROCESSING.—The Ad- (8) the number of full-time equivalent em- authorize a district office of the Administra- ministrator may enter into an agreement ployees and job descriptions for the planning tion to process loans under paragraph (1) or with a qualified private contractor, as deter- and disaster response staff of the Adminis- (2).’’. mined by the Administrator, to process loans tration; (b) DESIGNATION.— under this subsection in the event of a major (9) the in-service and preservice training (1) IN GENERAL.—The Administrator may disaster or a catastrophic national disaster procedures for disaster response staff of the designate an employee in each district office declared under paragraph (11), under which Administration; of the Administration to act as a disaster the Administrator shall pay the contractor a (10) information on the logistical support loan liaison between the disaster processing fee for each loan processed. plans of the Administration (including center and applicants under the disaster loan ‘‘(B) LOAN LOSS VERIFICATION SERVICES.— equipment and staffing needs, and detailed program of the Administration. The Administrator may enter into an agree- information on how such plans will be scal- (2) RESPONSIBILITIES.—Each employee des- ment with a qualified lender or loss able depending on the size and scope of the ignated under paragraph (1) shall— verification professional, as determined by major disaster; (A) be responsible for coordinating and fa- the Administrator, to verify losses for loans (11) a description of the findings and rec- cilitating communications between appli- under this subsection in the event of a major ommendations of the Administrator, if any, cants under the disaster loan program of the disaster or a catastrophic national disaster based on a review of the response of the Ad- Administration and disaster loan processing declared under paragraph (11), under which ministration to Hurricane Katrina of 2005, staff regarding documentation and informa- the Administrator shall pay the lender or Hurricane Rita of 2005, and Hurricane Wilma tion required for completion of an applica- verification professional a fee for each loan of 2005; and tion; and for which such lender or verification profes- (12) a plan for how the Administrator, in (B) provide information to applicants sional verifies losses.’’. consultation with the Administrator of the under the disaster loan program of the Ad- (b) COORDINATION OF EFFORTS BETWEEN THE Federal Emergency Management Agency, ministration regarding additional services ADMINISTRATOR AND THE INTERNAL REVENUE will coordinate the provision of accommoda- and benefits that may be available to such SERVICE TO EXPEDITE LOAN PROCESSING.— tions and necessary resources for disaster as- applicants to assist with recovery. The Administrator and the Commissioner of sistance personnel to effectively perform (3) OUTREACH.—In providing outreach to Internal Revenue shall, to the maximum ex- their responsibilities in the aftermath of a disaster victims following a declared dis- tent practicable, ensure that all relevant and major disaster. aster, the Administrator shall make disaster allowable tax records for loan approval are (c) EXERCISES.—Not later than 6 months victims aware of— shared with loan processors in an expedited after the date of the submission of the report (A) any relevant employee designated manner, upon request by the Administrator. under subsection (a)(2), the Administrator under paragraph (1); and SEC. 112. DEVELOPMENT AND IMPLEMENTATION shall develop and execute simulation exer- (B) how to contact that employee. OF MAJOR DISASTER RESPONSE cises to demonstrate the effectiveness of the PLAN. amended disaster response plan required SEC. 115. ASSIGNMENT OF EMPLOYEES OF THE under this section. OFFICE OF DISASTER ASSISTANCE (a) IN GENERAL.—Not later than 3 months AND DISASTER CADRE. after the date of enactment of this Act, the SEC. 113. DISASTER PLANNING RESPONSIBIL- Administrator shall— ITIES. (a) IN GENERAL.—Section 7(b) of the Small (1) by rule, amend the 2006 Atlantic hurri- (a) ASSIGNMENT OF SMALL BUSINESS ADMIN- Business Act (15 U.S.C. 636(b)) is amended by cane season disaster response plan of the Ad- ISTRATION DISASTER PLANNING RESPONSIBIL- inserting immediately after paragraph (9), as ministration (in this section referred to as ITIES.—The Administrator shall specifically added by this Act, the following: the ‘‘disaster response plan’’) to apply to assign the disaster planning responsibilities ‘‘(10) DISASTER ASSISTANCE EMPLOYEES.— major disasters; and described in subsection (b) to an employee of ‘‘(A) IN GENERAL.—In carrying out this sec- (2) submit a report to the Committee on the Administration who— tion, the Administrator may, where prac- Small Business and Entrepreneurship of the (1) is not an employee of the Office of Dis- ticable, ensure that the number of full-time Senate and the Committee on Small Busi- aster Assistance of the Administration; equivalent employees— ness of the House of Representatives detail- (2) shall report directly to the Adminis- ‘‘(i) in the Office of the Disaster Assistance ing the amendments to the disaster response trator; and is not fewer than 800; and plan. (3) has a background and expertise dem- ‘‘(ii) in the Disaster Cadre of the Adminis- (b) CONTENTS.—The report required under onstrating significant experience in the area tration is not fewer than 750. subsection (a)(2) shall include— of disaster planning. ‘‘(B) REPORT.—In carrying out this sub- (1) any updates or modifications made to (b) RESPONSIBILITIES.—The responsibilities section, if the number of full-time employees the disaster response plan since the report described in this subsection are— for either the Office of Disaster Assistance or regarding the disaster response plan sub- (1) creating and maintaining the com- the Disaster Cadre of the Administration is mitted to Congress on July 14, 2006; prehensive disaster response plan of the Ad- below the level described in subparagraph (2) a description of how the Administrator ministration; (A) for that office, not later than 21 days plans to utilize and integrate District Office (2) ensuring in-service and pre-service after the date on which that staffing level personnel of the Administration in the re- training procedures for the disaster response decreased below the level described in sub- sponse to a major disaster, including infor- staff of the Administration; paragraph (A), the Administrator shall sub- mation on the utilization of personnel for (3) coordinating and directing Administra- mit to the Committee on Appropriations and loan processing and loan disbursement; tion training exercises, including mock dis- the Committee on Small Business and Entre- (3) a description of the disaster scalability aster responses, with other Federal agencies; preneurship of the Senate and the Com- model of the Administration and on what and mittee on Appropriations and Committee on basis or function the plan is scaled; (4) other responsibilities, as determined by Small Business of the House of Representa- (4) a description of how the agency-wide the Administrator. tives, a report— Disaster Oversight Council is structured, (c) REPORT.—Not later than 30 days after ‘‘(i) detailing staffing levels on that date; which offices comprise its membership, and the date of enactment of this Act, the Ad- ‘‘(ii) requesting, if practicable and deter- whether the Associate Deputy Administrator ministrator shall submit to the Committee mined appropriate by the Administrator, ad- for Entrepreneurial Development of the Ad- on Small Business and Entrepreneurship of ditional funds for additional employees; and ministration is a member; the Senate and the Committee on Small ‘‘(iii) containing such additional informa- (5) a description of how the Administrator Business of the House of Representatives a tion, as determined appropriate by the Ad- plans to coordinate the disaster efforts of the report containing— ministrator.’’. Administration with State and local govern- (1) a description of the actions of the Ad- TITLE II—DISASTER LENDING ment officials, including recommendations ministrator to assign an employee under on how to better incorporate State initia- subsection (a); SEC. 201. CATASTROPHIC NATIONAL DISASTER tives or programs, such as State-adminis- (2) information detailing the background DECLARATION. tered bridge loan programs, into the disaster and expertise of the employee assigned under Section 7(b) of the Small Business Act (15 response of the Administration; subsection (a); and U.S.C. 636(b)) is amended by inserting imme- (6) recommendations, if any, on how the (3) information on the status of the imple- diately after paragraph (10), as added by this Administration can better coordinate its dis- mentation of the responsibilities described Act, the following: aster response operations with the oper- in subsection (b). ‘‘(11) CATASTROPHIC NATIONAL DISASTERS.— ations of other Federal, State, and local en- SEC. 114. ADDITIONAL AUTHORITY FOR DISTRICT ‘‘(A) IN GENERAL.—The President may tities; OFFICES OF THE ADMINISTRATION. make a catastrophic national disaster dec- (7) any surge plan for the disaster loan pro- (a) IN GENERAL.—Section 7(b) of the Small laration in accordance with this paragraph. gram of the Administration in effect on or Business Act (15 U.S.C. 636(b)) is amended by ‘‘(B) PROMULGATION OF RULES.— after August 29, 2005 (including surge plans inserting immediately after paragraph (8), as ‘‘(i) IN GENERAL.—Not later than 6 months for loss verification, loan processing, mail- added by this Act, the following: after the date of enactment of this para- room, customer service or call center oper- ‘‘(9) USE OF DISTRICT OFFICES.—In the event graph, the Administrator, with the concur- ations, and a continuity of operations plan); of a major disaster, the Administrator may rence of the Secretary of Homeland Security

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and the Administrator of the Federal Emer- small business concern located in a disaster ‘‘(11) PURCHASE OF LOANS.—The Adminis- gency Management Agency, shall promul- area. trator may enter into an agreement with a gate regulations establishing a threshold for ‘‘(3) USE OF LOANS.—A loan guaranteed by qualified private lender to purchase any loan a catastrophic national disaster declaration. the Administrator under this subsection may issued under this subsection.’’. ‘‘(ii) CONSIDERATIONS.—In promulgating be used for any purpose authorized under (b) EFFECTIVE DATE.—The amendments the regulations required under clause (i), the subsection (b). made by this section shall apply to disasters Administrator shall establish a threshold ‘‘(4) ONLINE APPLICATIONS.— declared under section 7(b)(2) of the Small that— ‘‘(A) ESTABLISHMENT.—The Administrator Business Act (631 U.S.C. 636(b)(2)) before, on, ‘‘(I) is similar in size and scope to the may establish, directly or through an agree- or after the date of enactment of this Act. events relating to the terrorist attacks of ment with another entity, an online applica- SEC. 203. TECHNICAL AND CONFORMING AMEND- September 11, 2001, and Hurricane Katrina of tion process for loans guaranteed under this MENTS. 2005; subsection. The Small Business Act (15 U.S.C. 631 et ‘‘(II) requires that the President declares a ‘‘(B) OTHER FEDERAL ASSISTANCE.—The Ad- seq.) is amended— major disaster before making a catastrophic ministrator may coordinate with the head of (1) in section 4(c)— national disaster declaration under this any other appropriate Federal agency so (A) in paragraph (1), by striking ‘‘7(c)(2)’’ paragraph; that any application submitted through an and inserting ‘‘7(d)(2)’’; and ‘‘(III) requires consideration of— online application process established under (B) in paragraph (2)— ‘‘(aa) the dollar amount per capita of dam- this paragraph may be considered for any (i) by striking ‘‘7(c)(2)’’ and inserting age to the State, its political subdivisions, or other Federal assistance program for dis- ‘‘7(d)(2)’’; and a region; aster relief. (ii) by striking ‘‘7(e),’’; and ‘‘(bb) the number of small business con- ‘‘(C) CONSULTATION.—In establishing an on- (2) in section 7(b), in the undesignated mat- cerns damaged, physically or economically, line application process under this para- ter following paragraph (3)— as a direct result of the event; graph, the Administrator shall consult with (A) by striking ‘‘That the provisions of ‘‘(cc) the number of individuals and house- appropriate persons from the public and pri- paragraph (1) of subsection (c)’’ and inserting holds displaced from their predisaster resi- vate sectors, including private lenders. ‘‘That the provisions of paragraph (1) of sub- dences by the event; ‘‘(5) MAXIMUM AMOUNTS.— section (d)’’; and ‘‘(dd) the severity of the impact on employ- ‘‘(A) GUARANTEE PERCENTAGE.—The Admin- (B) by striking ‘‘Notwithstanding the pro- ment rates in the State, its political subdivi- istrator may guarantee not more than 85 visions of any other law the interest rate on sions, or a region; percent of a loan under this subsection. the Administration’s share of any loan made ‘‘(ee) the anticipated length and difficulty ‘‘(B) LOAN AMOUNTS.—The maximum under subsection (b) except as provided in of the recovery process; amount of a loan guaranteed under this sub- subsection (c),’’ and inserting ‘‘Notwith- ‘‘(ff) whether the events leading to the rel- section shall be $2,000,000. standing any other provision of law, and ex- evant major disaster declaration are of an ‘‘(6) LOAN TERM.—The longest term of a cept as provided in subsection (d), the inter- unusually large and calamitous nature that loan for a loan guaranteed under this sub- est rate on the Administration’s share of any is orders of magnitude larger than for an av- section shall be— loan made under subsection (b)’’. ‘‘(A) 15 years for any loan that is issued erage major disaster; and SEC. 204. EXPEDITED DISASTER ASSISTANCE without collateral; and ‘‘(gg) any other factor determined relevant LOAN PROGRAM. ‘‘(B) 25 years for any loan that is issued by the Administrator. (a) DEFINITIONS.—In this section— with collateral. ‘‘(C) AUTHORIZATION.—If the President (1) the term ‘‘immediate disaster assist- ‘‘(7) FEES.— makes a catastrophic national disaster dec- ance’’ means assistance provided during the ‘‘(A) IN GENERAL.—The Administrator may laration under this paragraph, the Adminis- period beginning on the date on which the not collect a guarantee fee under this sub- trator may make such loans under this para- President makes a catastrophic disaster dec- section. graph (either directly or in cooperation with laration under paragraph (11) of section 7(b) ‘‘(B) ORIGINATION FEE.—The Administrator banks or other lending institutions through of the Small Business Act (15 U.S.C. 636(b)), may pay a qualified private lender an origi- agreements to participate on an immediate as added by this Act, and ending on the date nation fee for a loan guaranteed under this that an impacted small business concern is or deferred basis) as the Administrator de- subsection in an amount agreed upon in ad- termines appropriate to small business con- able to secure funding through insurance vance between the qualified private lender claims, Federal assistance programs, or cerns located anywhere in the United States and the Administrator. that are economically adversely impacted as other sources; and ‘‘(8) DOCUMENTATION.—A qualified private (2) the term ‘‘program’’ means the expe- a result of that catastrophic national dis- lender may use its own loan documentation aster. dited disaster assistance business loan pro- for a loan guaranteed by the Administrator, gram established under subsection (b). ‘‘(D) LOAN TERMS.—A loan under this para- to the extent authorized by the Adminis- graph shall be made on the same terms as a (b) CREATION OF PROGRAM.—The Adminis- trator. The ability of a lender to use its own trator shall take such administrative action loan under paragraph (2).’’. loan documentation for a loan guaranteed as is necessary to establish and implement SEC. 202. PRIVATE DISASTER LOANS. under this subsection shall not be considered an expedited disaster assistance business (a) IN GENERAL.—Section 7 of the Small part of the criteria for becoming a qualified loan program to provide small business con- Business Act (15 U.S.C. 636) is amended— private lender under the regulations promul- cerns with immediate disaster assistance (1) by redesignating subsections (c) and (d) gated under paragraph (9). under paragraph (11) of section 7(b) of the as subsections (d) and (e), respectively; and ‘‘(9) IMPLEMENTATION REGULATIONS.— Small Business Act (15 U.S.C. 636(b)), as (2) by inserting after subsection (b) the fol- ‘‘(A) IN GENERAL.—Not later than 1 year added by this Act. lowing: after the date of enactment of the Small (c) CONSULTATION REQUIRED.—In estab- ‘‘(c) PRIVATE DISASTER LOANS.— Business Disaster Response and Loan Im- lishing the program, the Administrator shall ‘‘(1) DEFINITIONS.—In this subsection— provements Act of 2007, the Administrator consult with— ‘‘(A) the term ‘disaster area’ means any shall issue final regulations establishing per- (1) appropriate personnel of the Adminis- area for which the President declared a manent criteria for qualified private lenders. tration (including District Office personnel major disaster (as that term is defined in ‘‘(B) REPORT TO CONGRESS.—Not later than of the Administration); section 102 of the Robert T. Stafford Disaster 6 months after the date of enactment of the (2) appropriate technical assistance pro- Relief and Emergency Assistance Act (42 Small Business Disaster Response and Loan viders (including small business development U.S.C. 5122)) that subsequently results in the Improvements Act of 2007, the Administrator centers); President making a catastrophic national shall submit a report on the progress of the (3) appropriate lenders and credit unions; disaster declaration under subsection (b)(11); regulations required by subparagraph (A) to (4) the Committee on Small Business and ‘‘(B) the term ‘eligible small business con- the Committee on Small Business and Entre- Entrepreneurship of the Senate; and cern’ means a business concern that is— preneurship of the Senate and the Com- (5) the Committee on Small Business of the ‘‘(i) a small business concern, as defined in mittee on Small Business of the House of House of Representatives. this Act; or Representatives. (d) RULES.— ‘‘(ii) a small business concern, as defined in ‘‘(10) AUTHORIZATION OF APPROPRIATIONS.— (1) IN GENERAL.—Not later than 1 year after section 103 of the Small Business Investment ‘‘(A) IN GENERAL.—Amounts necessary to the date of enactment of this Act, the Ad- Act of 1958; and carry out this subsection shall be made ministrator shall issue rules in final form es- ‘‘(C) the term ‘qualified private lender’ available from amounts appropriated to the tablishing and implementing the program in means any privately-owned bank or other Administration to carry out subsection (b). accordance with this section. Such rules lending institution that the Administrator ‘‘(B) AUTHORITY TO REDUCE INTEREST shall apply as provided for in this section, determines meets the criteria established RATES.—Funds appropriated to the Adminis- beginning 90 days after their issuance in under paragraph (9). tration to carry out this subsection, may be final form. ‘‘(2) AUTHORIZATION.—The Administrator used by the Administrator, to the extent (2) CONTENTS.—The rules promulgated may guarantee timely payment of principal available, to reduce the rate of interest for under paragraph (1) shall— and interest, as scheduled on any loan issued any loan guaranteed under this subsection (A) identify whether appropriate uses of by a qualified private lender to an eligible by not more than 3 percentage points. funds under the program may include—

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11070 CONGRESSIONAL RECORD — SENATE September 4, 2007 (i) paying employees; ‘‘(I) affected by a catastrophic national creased since the previous report under para- (ii) paying bills and other financial obliga- disaster declared under section 7(b)(11), dur- graph (1); tions; ing the time period described in clause (ii); (B) the weekly average lending volume, in (iii) making repairs; and number of loans and dollars, and the percent (iv) purchasing inventory; ‘‘(II) for which the Administrator deter- by which each category has increased or de- (v) restarting or operating a small business mines that designation as a HUBZone would creased since the previous report under para- concern in the community in which it was substantially contribute to the reconstruc- graph (1); conducting operations prior to the declared tion and recovery effort in that area. (C) the amount of funding spent over the disaster, or to a neighboring area, county, or ‘‘(ii) TIME PERIOD.—The time period for the month for loans, both in appropriations and parish in the disaster area; or purposes of clause (i)— program level, and the percent by which (vi) covering additional costs until the ‘‘(I) shall be the 2-year period beginning on each category has increased or decreased small business concern is able to obtain the date that the applicable catastrophic na- since the previous report under paragraph funding through insurance claims, Federal tional disaster was declared under section (1); assistance programs, or other sources; and 7(b)(11); and (D) the amount of funding available for (B) set the terms and conditions of any ‘‘(II) may, at the discretion of the Adminis- loans, both in appropriations and program loan made under the program, subject to trator, be extended to be the 3-year period level, and the percent by which each cat- paragraph (3). beginning on the date described in subclause egory has increased or decreased since the (3) TERMS AND CONDITIONS.—A loan made (I).’’; and previous report under paragraph (1), noting by the Administration under this section— (3) by adding at the end the following: the source of any additional funding; (A) shall be for not more than $150,000; ‘‘(8) TIME PERIOD.—The time period for the (E) an estimate of how long the available (B) shall be a short-term loan, not to ex- purposes of paragraph (1)(F)— funding for such loans will last, based on the ceed 180 days, except that the Administrator ‘‘(A) shall be the 2-year period beginning spending rate; may extend such term as the Administrator on the later of the date of enactment of this (F) the amount of funding spent over the determines necessary or appropriate on a paragraph and August 29, 2007; and case-by-case basis; ‘‘(B) may, at the discretion of the Adminis- month for staff, along with the number of (C) shall have an interest rate not to ex- trator, be extended to be the 3-year period staff, and the percent by which each cat- ceed 1 percentage point above the prime rate beginning on the later of the date of enact- egory has increased or decreased since the of interest that a private lender may charge; ment of this paragraph and August 29, 2007.’’. previous report under paragraph (1); (D) shall have no prepayment penalty; (b) TOLLING OF GRADUATION.—Section (G) the amount of funding spent over the (E) may only be made to a borrower that 7(j)(10)(C) of the Small Business Act (15 month for administrative costs, and the per- meets the requirements for a loan under sec- U.S.C. 636(j)(10)(C)) is amended by adding at cent by which such spending has increased or tion 7(b) of the Small Business Act (15 U.S.C. the end the following: decreased since the previous report under 636(b)); ‘‘(iii)(I) For purposes of this subparagraph, paragraph (1); (F) may be refinanced as part of any subse- if the Administrator designates an area as a (H) the amount of funding available for sal- quent disaster assistance provided under sec- HUBZone under section 3(p)(4)(E)(i)(II), the aries and expenses combined, and the percent tion 7(b) of the Small Business Act; Administrator shall not count the time pe- by which such funding has increased or de- (G) may receive expedited loss verification riod described in subclause (II) of this clause creased since the previous report under para- and loan processing, if the applicant is— for any small business concern— graph (1), noting the source of any additional (i) a major source of employment in the ‘‘(aa) that is participating in any program, funding; and disaster area (which shall be determined in activity, or contract under section 8(a); and (I) an estimate of how long the available the same manner as under section 7(b)(3)(B) ‘‘(bb) the principal place of business of funding for salaries and expenses will last, of the Small Business Act (15 U.S.C. which is located in that area. based on the spending rate. 636(b)(3)(B))); or ‘‘(II) The time period for purposes of sub- (b) DAILY DISASTER UPDATES TO CONGRESS (ii) vital to recovery efforts in the region clause (I)— FOR PRESIDENTIALLY DECLARED DISASTERS.— (including providing debris removal services, ‘‘(aa) shall be the 2-year period beginning (1) IN GENERAL.—Each day during a dis- manufactured housing, or building mate- on the date that the applicable catastrophic aster update period, excluding Federal holi- rials); and national disaster was declared under section (H) shall be subject to such additional 7(b)(11); and days and weekends, the Administration shall terms as the Administrator determines nec- ‘‘(bb) may, at the discretion of the Admin- provide to the Committee on Small Business essary or appropriate. istrator, be extended to be the 3-year period and Entrepreneurship of the Senate and to (e) REPORT TO CONGRESS.—Not later than 5 beginning on the date described in item the Committee on Small Business of the months after the date of enactment of this (aa).’’. House of Representatives a report on the op- Act, the Administrator shall report to the (c) STUDY OF HUBZONE DISASTER AREAS.— eration of the disaster loan program of the Committee on Small Business and Entrepre- Not later than 1 year after the date of enact- Administration for the area in which the neurship of the Senate and the Committee ment of this Act, the Comptroller General of President declared a major disaster. on Small Business of the House of Represent- the United States shall submit a report to (2) CONTENTS.—Each report under para- atives on the progress of the Administrator the Committee on Small Business and Entre- graph (1) shall include— in establishing the program. preneurship of the Senate and the Com- (A) the number of Administration staff (f) AUTHORIZATION.—There are authorized mittee on Small Business of the House of performing loan processing, field inspection, to be appropriated to the Administrator such Representatives evaluating the designation and other duties for the declared disaster, sums as are necessary to carry out this sec- by the Administrator of catastrophic na- and the allocations of such staff in the dis- tion. tional disaster areas, as that term is defined aster field offices, disaster recovery centers, SEC. 205. HUBZONES. in section 3(p)(4)(E) of the Small Business workshops, and other Administration offices Act (as added by this Act), as HUBZones. (a) IN GENERAL.—Section 3(p) of the Small nationwide; Business Act (15 U.S.C. 632(p)) is amended— TITLE III—DISASTER ASSISTANCE (B) the daily number of applications re- (1) in paragraph (1)— OVERSIGHT ceived from applicants in the relevant area, (A) in subparagraph (D), by striking ‘‘or’’; SEC. 301. CONGRESSIONAL OVERSIGHT. as well as a breakdown of such figures by (B) in subparagraph (E), by striking the pe- (a) MONTHLY ACCOUNTING REPORT TO CON- State; riod at the end and inserting a semicolon; GRESS.— (C) the daily number of applications pend- and (1) REPORTING REQUIREMENTS.—Not later ing application entry from applicants in the (C) by adding at the end the following: than the fifth business day of each month relevant area, as well as a breakdown of such ‘‘(F) areas in which the President has de- during the applicable period for a major dis- figures by State; clared a major disaster (as that term is de- aster, the Administrator shall provide to the (D) the daily number of applications with- fined in section 102 of the Robert T. Stafford Committee on Small Business and Entrepre- drawn by applicants in the relevant area, as Disaster Relief and Emergency Assistance neurship and the Committee on Appropria- well as a breakdown of such figures by State; Act (42 U.S.C. 5122)) as a result of Hurricane tions of the Senate and to the Committee on (E) the daily number of applications sum- Katrina of August 2005 or Hurricane Rita of Small Business and the Committee on Ap- marily declined by the Administration from September 2005, during the time period de- propriations of the House of Representatives applicants in the relevant area, as well as a scribed in paragraph (8); or a report on the operation of the disaster loan breakdown of such figures by State; ‘‘(G) catastrophic national disaster program authorized under section 7 of the (F) the daily number of applications de- areas.’’; Small Business Act (15 U.S.C. 636) for that clined by the Administration from appli- (2) in paragraph (4), by adding at the end major disaster during the preceding month. cants in the relevant area, as well as a the following: (2) CONTENTS.—Each report under para- breakdown of such figures by State; ‘‘(E) CATASTROPHIC NATIONAL DISASTER graph (1) shall include— (G) the daily number of applications in AREA.— (A) the daily average lending volume, in process from applicants in the relevant area, ‘‘(i) IN GENERAL.—The term ‘catastrophic number of loans and dollars, and the percent as well as a breakdown of such figures by national disaster area’ means an area— by which each category has increased or de- State;

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2007 CONGRESSIONAL RECORD — SENATE S11071 (H) the daily number of applications ap- date on which the disaster for which the ap- SEC. 3. PROTECTION OF FEE STATUS FOR NEWS proved by the Administration from appli- plicant is seeking assistance was declared; MEDIA. cants in the relevant area, as well as a (iv) methods, if any, for the Administra- Section 552(a)(4)(A)(ii) of title 5, United breakdown of such figures by State; tion to expedite loss verification and loan States Code, is amended by adding at the end (I) the daily dollar amount of applications processing of disaster loans during a major the following: approved by the Administration from appli- disaster for businesses affected by, and lo- ‘‘The term ‘a representative of the news cants in the relevant area, as well as a cated in the area for which the President de- media’ means any person or entity that breakdown of such figures by State; clared, the major disaster that are a major gathers information of potential interest to (J) the daily amount of loans dispersed, source of employment in the area or are a segment of the public, uses its editorial both partially and fully, by the Administra- vital to recovery efforts in the region (in- skills to turn the raw materials into a dis- tion to applicants in the relevant area, as cluding providing debris removal services, tinct work, and distributes that work to an well as a breakdown of such figures by State; manufactured housing, or building mate- audience. The term ‘news’ means informa- (K) the daily dollar amount of loans dis- rials); tion that is about current events or that bursed, both partially and fully, from the (v) legislative changes, if any, needed to would be of current interest to the public. relevant area, as well as a breakdown of such implement findings from the Accelerated Examples of news-media entities are tele- figures by State; Disaster Response Initiative of the Adminis- vision or radio stations broadcasting to the (L) the number of applications approved, tration; and public at large and publishers of periodicals including dollar amount approved, as well as (vi) a description of how the Administra- (but only if such entities qualify as dissemi- applications partially and fully disbursed, tion plans to integrate and coordinate the nators of ‘news’) who make their products including dollar amounts, since the last re- response to a major disaster with the tech- available for purchase by or subscription by port under paragraph (1); and nical assistance programs of the Administra- or free distribution to the general public. (M) the declaration date, physical damage tion; and These examples are not all-inclusive. More- closing date, economic injury closing date, (B) the plans of the Administrator for im- over, as methods of news delivery evolve (for and number of counties included in the dec- plementing any recommendation made under example, the adoption of the electronic dis- laration of a major disaster. subparagraph (A). semination of newspapers through tele- (c) NOTICE OF THE NEED FOR SUPPLEMENTAL f communications services), such alternative FUNDS.—On the same date that the Adminis- media shall be considered to be news-media trator notifies any committee of the Senate OPEN GOVERNMENT ACT OF 2007 entities. A freelance journalist shall be re- or the House of Representatives that supple- On Friday, August 3, 2007, the Senate garded as working for a news-media entity if mental funding is necessary for the disaster passed S. 849, as amended, as follows: the journalist can demonstrate a solid basis loan program of the Administration in any for expecting publication through that enti- S. 849 fiscal year, the Administrator shall notify in ty, whether or not the journalist is actually writing the Committee on Small Business Be it enacted by the Senate and House of Rep- employed by the entity. A publication con- and Entrepreneurship of the Senate and the resentatives of the United States of America in tract would present a solid basis for such an Committee on Small Business of the House Congress assembled, expectation; the Government may also con- of Representatives regarding the need for SECTION 1. SHORT TITLE. sider the past publication record of the re- supplemental funds for that loan program. This Act may be cited as the ‘‘Openness quester in making such a determination.’’. (d) REPORT ON CONTRACTING.— Promotes Effectiveness in our National Gov- SEC. 4. RECOVERY OF ATTORNEY FEES AND LITI- (1) IN GENERAL.—Not later than 6 months ernment Act of 2007’’ or the ‘‘OPEN Govern- GATION COSTS. after the date on which the President de- ment Act of 2007’’. Section 552(a)(4)(E) of title 5, United States clares a major disaster, and every 6 months SEC. 2. FINDINGS. Code, is amended— thereafter until the date that is 18 months Congress finds that— (1) by inserting ‘‘(i)’’ after ‘‘(E)’’; and after the date on which the major disaster (1) the Freedom of Information Act was (2) by adding at the end the following: was declared, the Administrator shall submit signed into law on July 4, 1966, because the ‘‘(ii) For purposes of this section, a com- a report to the Committee on Small Business American people believe that— plainant has substantially prevailed if the and Entrepreneurship of the Senate and to (A) our constitutional democracy, our sys- complainant has obtained relief through ei- the Committee on Small Business of the tem of self-government, and our commit- ther— House of Representatives regarding Federal ment to popular sovereignty depends upon ‘‘(I) a judicial order, or an enforceable contracts awarded as a result of that major the consent of the governed; written agreement or consent decree; or disaster. (B) such consent is not meaningful unless ‘‘(II) a voluntary or unilateral change in (2) CONTENTS.—Each report submitted it is informed consent; and position by the agency, provided that the under paragraph (1) shall include— (C) as Justice Black noted in his concur- complainant’s claim is not insubstantial.’’. (A) the total number of contracts awarded ring opinion in Barr v. Matteo (360 U.S. 564 SEC. 5. DISCIPLINARY ACTIONS FOR ARBITRARY as a result of that major disaster; (1959)), ‘‘The effective functioning of a free AND CAPRICIOUS REJECTIONS OF (B) the total number of contracts awarded government like ours depends largely on the REQUESTS. to small business concerns as a result of that force of an informed public opinion. This Section 552(a)(4)(F) of title 5, United States major disaster; calls for the widest possible understanding of Code, is amended— (C) the total number of contracts awarded the quality of government service rendered (1) by inserting ‘‘(i)’’ after ‘‘(F)’’; and to women and minority-owned businesses as by all elective or appointed public officials (2) by adding at the end the following: a result of that major disaster; and or employees.’’; ‘‘(ii) The Attorney General shall— (D) the total number of contracts awarded (2) the American people firmly believe that ‘‘(I) notify the Special Counsel of each civil to local businesses as a result of that major our system of government must itself be gov- action described under the first sentence of disaster. erned by a presumption of openness; clause (i); and (e) REPORT ON LOAN APPROVAL RATE.— (3) the Freedom of Information Act estab- ‘‘(II) annually submit a report to Congress (1) IN GENERAL.—Not later than 6 months lishes a ‘‘strong presumption in favor of dis- on the number of such civil actions in the after the date of enactment of this Act, the closure’’ as noted by the United States Su- preceding year. Administrator shall submit a report to the preme Court in United States Department of ‘‘(iii) The Special Counsel shall annually Committee on Small Business and Entrepre- State v. Ray (502 U.S. 164 (1991)), a presump- submit a report to Congress on the actions neurship of the Senate and the Committee tion that applies to all agencies governed by taken by the Special Counsel under clause on Small Business of the House of Represent- that Act; (i).’’. atives detailing how the Administration can (4) ‘‘disclosure, not secrecy, is the domi- SEC. 6. TIME LIMITS FOR AGENCIES TO ACT ON improve the processing of applications under nant objective of the Act,’’ as noted by the REQUESTS. the disaster loan program of the Administra- United States Supreme Court in Department (a) TIME LIMITS.— tion. of Air Force v. Rose (425 U.S. 352 (1976)); (1) IN GENERAL.—Section 552(a)(6)(A)(i) of (2) CONTENTS.—The report submitted under (5) in practice, the Freedom of Information title 5, United States Code, is amended by paragraph (1) shall include— Act has not always lived up to the ideals of striking ‘‘determination;’’ and inserting ‘‘de- (A) recommendations, if any, regarding— that Act; and termination. The 20-day period shall com- (i) staffing levels during a major disaster; (6) Congress should regularly review sec- mence on the date on which the request is (ii) how to improve the process for proc- tion 552 of title 5, United States Code (com- first received by the appropriate component essing, approving, and disbursing loans under monly referred to as the Freedom of Infor- of the agency, but in any event no later than the disaster loan program of the Administra- mation Act), in order to determine whether ten days after the request is first received by tion, to ensure that the maximum assistance further changes and improvements are nec- any component of the agency that is des- is provided to victims in a timely manner; essary to ensure that the Government re- ignated in the agency’s FOIA regulations to (iii) the viability of using alternative mains open and accessible to the American receive FOIA requests. The 20-day period methods for assessing the ability of an appli- people and is always based not upon the shall not be tolled by the agency except— cant to repay a loan, including the credit ‘‘need to know’’ but upon the fundamental ‘‘(I) that the agency may make one request score of the applicant on the day before the ‘‘right to know’’. to the requester for information and toll the

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11072 CONGRESSIONAL RECORD — SENATE September 4, 2007 20-day period while it is awaiting such infor- SEC. 9. REPORTING REQUIREMENTS. (1) by redesignating paragraphs (2) through mation that it has reasonably requested (a) IN GENERAL.—Section 552(e)(1) of title 5, (5) as paragraphs (3) through (6), respec- from the FOIA requester; or United States Code, is amended— tively; and ‘‘(II) if necessary to clarify with the re- (1) in subparagraph (B)(ii), by inserting (2) by inserting after paragraph (1) the fol- quester issues regarding fee assessment. In after the first comma ‘‘the number of occa- lowing: either case, the agency’s receipt of the re- sions on which each statute was relied ‘‘(2) Information in each report submitted quester’s response to the agency’s request upon,’’; under paragraph (1) shall be expressed in for information or clarification ends the toll- (2) in subparagraph (C), by inserting ‘‘and terms of each principal component of the ing period;’’. average’’ after ‘‘median’’; agency and for the agency overall.’’. (2) EFFECTIVE DATE.—The amendment (3) in subparagraph (E), by inserting before (c) PUBLIC AVAILABILITY OF DATA.—Section made by this subsection shall take effect 1 the semicolon ‘‘, based on the date on which 552(e)(3) of title 5, United States Code, (as re- year after the date of enactment of this Act. the requests were received by the agency’’; designated by subsection (b) of this section) ‘‘(b) COMPLIANCE WITH TIME LIMITS.— (4) by redesignating subparagraphs (F) and is amended by adding after the period ‘‘In ad- (1)(A) Section 552(a)(4)(A) of title 5, United (G) as subparagraphs (N) and (O), respec- dition, each agency shall make the raw sta- States Code, is amended by adding at the end tively; and tistical data used in its reports available the following: (5) by inserting after subparagraph (E) the electronically to the public upon request.’’. ‘‘(viii) an agency shall not assess search following: SEC. 10. OPENNESS OF AGENCY RECORDS MAIN- fees under this subparagraph if the agency ‘‘(F) the average number of days for the TAINED BY A PRIVATE ENTITY. fails to comply with any time limit under agency to respond to a request beginning on Section 552(f) of title 5, United States paragraph (6), provided that no unusual or the date on which the request was received Code, is amended by striking paragraph (2) exceptional circumstances (as those terms by the agency, the median number of days and inserting the following: are defined for purposes of paragraphs (6)(B) for the agency to respond to such requests, ‘‘(2) ‘record’ and any other term used in and (C), respectively) apply to the processing and the range in number of days for the this section in reference to information in- of the request.’’. agency to respond to such requests; cludes— (B) Section 552(a)(6)(B)(ii) of title 5, United ‘‘(G) based on the number of business days ‘‘(A) any information that would be an States Code, is amended by inserting be- that have elapsed since each request was agency record subject to the requirements of tween the first and second sentences the fol- originally received by the agency— this section when maintained by an agency lowing: ‘‘To aid the requester, each agency ‘‘(i) the number of requests for records to in any format, including an electronic for- shall make available its FOIA Public Liai- which the agency has responded with a de- mat; and son, who shall assist in the resolution of any termination within a period up to and in- ‘‘(B) any information described under sub- disputes between the requester and the agen- cluding 20 days, and in 20-day increments up paragraph (A) that is maintained for an cy.’’. to and including 200 days; agency by an entity under Government con- (2) EFFECTIVE DATE AND APPLICATION.—The ‘‘(ii) the number of requests for records to tract, for the purposes of records manage- amendment made by this subsection shall which the agency has responded with a de- ment.’’. take effect 1 year after the date of enact- termination within a period greater than 200 SEC. 11. OFFICE OF GOVERNMENT INFORMATION ment of this Act and apply to requests for in- days and less than 301 days; SERVICES. (a) IN GENERAL.—Section 552 of title 5, formation under section 552 of title 5, United ‘‘(iii) the number of requests for records to United States Code, is amended by adding at States Code, filed on or after that effective which the agency has responded with a de- date. the end the following: termination within a period greater than 300 ‘‘(h) There is established the Office of Gov- SEC. 7. INDIVIDUALIZED TRACKING NUMBERS days and less than 401 days; and ernment lnformation Services within the Na- FOR REQUESTS AND STATUS INFOR- ‘‘(iv) the number of requests for records to MATION. tional Archives and Records Administration. which the agency has responded with a de- The Office of Government Information Serv- (a) IN GENERAL.—Section 552(a) of title 5, termination within a period greater than 400 ices shall review policies and procedures of United States Code, is amended by adding at days; administrative agencies under section 552, the end the following: ‘‘(H) the average number of days for the shall review compliance with section 552 by ‘‘(7) Each agency shall— agency to provide the granted information administrative agencies, and shall rec- ‘‘(A) establish a system to assign an indi- beginning on the date on which the request ommend policy changes to Congress and the vidualized tracking number for each request was originally filed, the median number of President to improve the administration of received that will take longer than ten days days for the agency to provide the granted section 552. The Office of Government Infor- to process and provide to each person mak- information, and the range in number of mation Services shall offer mediation serv- ing a request the tracking number assigned days for the agency to provide the granted ices to resolve disputes between persons to the request; and information; making requests under section 552 and ad- ‘‘(B) establish a telephone line or Internet ‘‘(I) the median and average number of ministrative agencies as a non-exclusive al- service that provides information about the days for the agency to respond to adminis- ternative to litigation and, at the discretion status of a request to the person making the trative appeals based on the date on which of the Office, may issue advisory opinions if request using the assigned tracking number, the appeals originally were received by the mediation has not resolved the dispute. including— agency, the highest number of business days ‘‘(i) The Government Accountability Office ‘‘(i) the date on which the agency origi- taken by the agency to respond to an admin- shall conduct audits of administrative agen- nally received the request; and istrative appeal, and the lowest number of cies on the implementation of section 552 ‘‘(ii) an estimated date on which the agen- business days taken by the agency to re- and issue reports detailing the results of cy will complete action on the request.’’. spond to an administrative appeal; such audits. (b) EFFECTIVE DATE AND APPLICATION.—The ‘‘(J) data on the 10 active requests with the ‘‘(j) Each agency shall— amendment made by this section shall take earliest filing dates pending at each agency, ‘‘(1) Designate a Chief FOIA Officer who effect 1 year after the date of enactment of including the amount of time that has shall be a senior official of such agency (at this Act and apply to requests for informa- elapsed since each request was originally re- the Assistant Secretary or equivalent level). tion under section 552 of title 5, United ceived by the agency; ‘‘(a) GENERAL DUTIES.—The Chief FOIA Of- States Code, filed on or after that effective ‘‘(K) data on the 10 active administrative ficer of each agency shall, subject to the au- date. appeals with the earliest filing dates pending thority of the head of the agency— SEC. 8. SPECIFIC CITATIONS IN EXEMPTIONS. before the agency as of September 30 of the ‘‘(A) have agency-wide responsibility for Section 552(b) of title 5, United States preceding year, including the number of efficient and appropriate compliance with Code, is amended by striking paragraph (3) business days that have elapsed since the re- the FOIA; and inserting the following: quests were originally received by the agen- ‘‘(B) monitor FOIA implementation ‘‘(3) specifically exempted from disclosure cy; throughout the agency and keep the head of by statute (other than section 552b of this ‘‘(L) the number of expedited review re- the agency, the chief legal officer of the title), provided that such statute— quests that are granted and denied, the aver- agency, and the Attorney General appro- ‘‘(A) if enacted prior to the date of enact- age and median number of days for adjudi- priately informed of the agency’s perform- ment of the OPEN Government Act of 2007, cating expedited review requests, and the ance in implementing the FOIA; requires that the matters be withheld from number adjudicated within the required 10 ‘‘(C) recommend to the head of the agency the public in such a manner as to leave no days; such adjustments to agency practices, poli- discretion on the issue, or establishes par- ‘‘(M) the number of fee waiver requests cies, personnel, and funding as may be nec- ticular criteria for withholding or refers to that are granted and denied, and the average essary to improve its implementation of the particular types of matters to be withheld; and median number of days for adjudicating FOIA; or fee waiver determinations;’’. ‘‘(D) review and report to the Attorney ‘‘(B) if enacted after the date of enactment (b) APPLICABILITY TO AGENCY AND EACH General, through the head of the agency, at of the OPEN Government Act of 2007, specifi- PRINCIPAL COMPONENT OF THE AGENCY.—Sec- such times and in such formats as the Attor- cally cites to the Freedom of Information tion 552(e) of title 5, United States Code, is ney General may direct, on the agency’s per- Act.’’. amended— formance in implementing the FOIA; and

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2007 CONGRESSIONAL RECORD — SENATE S11073 ‘‘(E) facilitate public understanding of the requests, and assisting in the resolution of sonnel performance evaluations for any or purposes of the FOIA’s statutory exemptions disputes. all categories of Federal employees and offi- by including concise descriptions of the ex- ‘‘(c) EFFECTIVE DATE.—The amendments cers; emptions in both the agency’s FOIA hand- made by this section shall take effect on the (3) whether an employment classification book issued under section 552(g) of title 5, date of enactment of this Act.’’. series specific to compliance with sections United States Code, and the agency’s annual SEC. 12. REPORT ON PERSONNEL POLICIES RE- 552 and 552a of title 5, United States Code, FOIA report, and by providing an overview, LATED TO FOIA. Not later than 1 year after the date of en- should be established; where appropriate, of certain general cat- (4) whether the highest level officials in egories of agency records to which those ex- actment of this Act, the Office of Personnel particular agencies administering such sec- emptions apply. Management shall submit to Congress a re- tions should be paid at a rate of pay equal to ‘‘(2) Designate one or more FOIA Public Li- port that examines— aisons who shall be appointed by the Chief (1) whether changes to executive branch or greater than a particular minimum rate; FOIA Officer. personnel policies could be made that and ‘‘(b) GENERAL DUTIES.—FOIA Public Liai- would— (5) whether other changes to personnel sons shall report to the agency Chief FOIA (A) provide greater encouragement to all policies can be made to ensure that there is Officer and shall serve as supervisory offi- Federal employees to fulfill their duties a clear career advancement track for indi- cials to whom a FOIA requester can raise under section 552 of title 5, United States viduals interested in devoting themselves to concerns about the service the FOIA re- Code; and a career in compliance with such sections; quester has received from the FOIA Re- (B) enhance the stature of officials admin- and quester Center, following an initial response istering that section within the executive (6) whether the executive branch should re- from the FOIA Requester Center Staff. FOIA branch; quire any or all categories of Federal em- Public Liaisons shall be responsible for as- (2) whether performance of compliance ployees to undertake awareness training of sisting in reducing delays, increasing trans- with section 552 of title 5, United States such sections. parency and understanding of the statush of Code, should be included as a factor in per- FOREIGN TRAVEL FINANCIAL REPORTS In accordance with the appropriate provisions of law, the Secretary of the Senate herewith submits the following re- ports for standing committees of the Senate, certain joint committees of the Congress, delegations and groups, and select and special committees of the Senate, relating to expenses incurred in the performance of authorized foreign travel: CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON APPROPRIATIONS FOR TRAVEL FROM APR. 1 TO JUNE 30, 2007

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Paul Carliner: United Kingdom ...... Pound ...... 860.00 ...... 860.00 United States ...... Dollar ...... 7,095.50 ...... 7,095.50 Paul Grove: Singapore ...... Dollar ...... 208.00 ...... 208.00 Indonesia ...... Rupiah ...... 566.00 ...... 566.00 Hong Kong ...... Dollar ...... 444.00 ...... 444.00 United States ...... Dollar ...... 9,284.04 ...... 9,284.04 Michele Gordon: Singapore ...... Dollar ...... 208.00 ...... 208.00 Indonesia ...... Rupiah ...... 566.00 ...... 566.00 Hong Kong ...... Dollar ...... 444.00 ...... 444.00 United States ...... Dollar ...... 9,284.04 ...... 9,284.04 Sid Ashworth: Turkey ...... Lira ...... 1,330.66 ...... 1,330.66 Germany ...... Dollar ...... 340.00 ...... 340.00 Spain ...... Dollar ...... 914.00 ...... 914.00 United States ...... Dollar ...... 5,875.51 ...... 5,875.51 Mary Catherine Fitzpatrick: Turkey ...... Lira ...... 1,330.66 ...... 1,330.66 Germany ...... Dollar ...... 340.00 ...... 340.00 Spain ...... Dollar ...... 914.00 ...... 914.00 United States ...... Dollar ...... 5,774.29 ...... 5,774.29 Katherine Miriam Kaufer: Turkey ...... Lira ...... 1,330.66 ...... 1,330.66 Germany ...... Dollar ...... 340.00 ...... 340.00 Spain ...... Dollar ...... 914.00 ...... 914.00 United States ...... Dollar ...... 5,900.51 ...... 5,900.51 Ellen Maldonado: Turkey ...... Lira ...... 1,330.66 ...... 1,330.66 Germany ...... Dolar ...... 340.00 ...... 340.00 Spain ...... Dollar ...... 914.00 ...... 914.00 United States ...... Dollar ...... 5,900.51 ...... 5,900.51 Senator Ted Stevens: France ...... Euro ...... 4,937.65 ...... 4,937.65 Senator Richard Shelby: France ...... Euro ...... 5,118.73 ...... 5,118.73 Senator Tom Harkin: France ...... Euro ...... 5,118.73 ...... 5,118.73 Senator Barbara Mikulski: France ...... Euro ...... 5,118.73 ...... 5,118.73 Senator Wayne Allard: France ...... Euro ...... 5,118.73 ...... 5,118.73 Bruce Evans: France ...... Euro ...... 5,118.73 ...... 5,118.73 Charlie Houy: France ...... Euro ...... 5,118.73 ...... 5,118.73 Sid Ashworth: France ...... Euro ...... 5,118.73 ...... 5,118.73 Gabrielle Batkin: France ...... Euro ...... 5,118.73 ...... 5,118.73 Gary Reese: France ...... Euro ...... 5,118.73 ...... 5,118.73 Betsy Schmid: France ...... Euro ...... 5,118.73 ...... 5,118.73 Brian T. Wilson: France ...... Euro ...... 5,118.73 ...... 5,118.73 Brian Potts: France ...... Euro ...... 5,118.73 ...... 5,118.73 Dave Schiappa: France ...... Euro ...... 5,118.73 ...... 5,118.73 Dr. John Eisold: France ...... Euro ...... 5,118.73 ...... 5,118.73

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 8634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11074 CONGRESSIONAL RECORD — SENATE September 4, 2007 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON APPROPRIATIONS FOR TRAVEL FROM APR. 1 TO JUNE 30, 2007—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Terry Sauvain: France ...... Euro ...... 5,118.73 ...... 5,118.73 Delegation Expenses* France ...... Dollar ...... 39,010.00 ...... 39,010.00 Senator Byron Dorgan: Germany ...... Dollar ...... 475.00 ...... 475.00 Italy ...... Euro ...... 1,430.00 ...... 1,430.00 United States ...... Dollar ...... 3,074.00 ...... 3,074.00 Robert L. Valeu: Germany ...... Dollar ...... 380.00 ...... 380.00 Italy ...... Euro ...... 1,600.00 ...... 1,600.00 United States ...... Dollar ...... 3,681.00 ...... 3,681.00 Delegation Expenses* Germany ...... Dollar ...... 475.00 ...... 475.00 Italy ...... Euro ...... 2,756.00 ...... 2,756.00 Senator Patrick Leahy: Jordan ...... Dinar ...... 819.30 ...... 819.30 Israel ...... Dollar ...... 1,519.00 ...... 1,519.00 Italy ...... Dollar ...... 271.00 ...... 271.00 Senator Thad Cochran: Jordan ...... Dinar ...... 819.30 ...... 819.30 Israel ...... Dollar ...... 1,519.00 ...... 1,519.00 Italy ...... Dollar ...... 521.00 ...... 521.00 Katherine A. Eltrich: Jordan ...... Dinar ...... 819.30 ...... 819.30 Israel ...... Dollar ...... 1,519.00 ...... 1,519.00 Italy ...... Dollar ...... 521.00 ...... 521.00 David Carle: Jordan ...... Dinar ...... 819.30 ...... 819.30 Israel ...... Dollar ...... 1,519.00 ...... 1,519.00 Italy ...... Dollar ...... 521.00 ...... 521.00 Ed Pagano: Jordan ...... Dinar ...... 819.30 ...... 819.30 Israel ...... Dollar ...... 1,519.00 ...... 1,519.00 Italy ...... Dollar ...... 271.00 ...... 271.00 Kay Webber: Jordan ...... Dinar ...... 819.30 ...... 819.30 Israel ...... Dollar ...... 1,519.00 ...... 1,519.00 Italy ...... Dollar ...... 521.00 ...... 521.00 Delegation Expenses* Jordan ...... Dollar ...... 267.94 ...... 267.94 Israel ...... Dollar ...... 437.90 ...... 437.90 Lebanon ...... Dollar ...... 351.95 ...... 351.95 Total ...... 115,894.04 ...... 55,869.40 ...... 43,298.79 ...... 215,062.23 * Delegation expenses include payments and reimbursements to the Department of State under the authority of Sec. 502(b) of the Mutual Security Act of 1954, as amended by Sec. 22 of Pub. L. 95–384, and expenses paid pursuant to S. Res. 179, agreed to May 25, 1977. ROBERT C. BYRD, Chairman, Committee on Appropriations, Aug. 15, 2007.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES FOR TRAVEL FROM APR. 1 TO JUNE 30, 2007

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator John McCain: Kuwait ...... Dollar ...... 53.33 ...... 53.33 Pakistan ...... Dollar ...... 42.67 ...... 42.67 Germany ...... Dollar ...... 80.88 ...... 80.88 Richard Fontaine: Kuwait ...... Dollar ...... 130.00 ...... 130.00 Pakistan ...... Dollar ...... 221.00 ...... 221.00 Germany ...... Dollar ...... 170.00 ...... 170.00 Michael V. Kostiw: Kuwait ...... Dollar ...... 153.33 ...... 153.33 Pakistan ...... Dollar ...... 260.67 ...... 260.67 Germany ...... Dollar ...... 186.88 ...... 186.88 Senator James M. Inhofe: Ethiopia ...... Birr ...... 543.00 ...... 543.00 Uganda ...... Shilling ...... 247.00 ...... 247.00 Italy ...... Euro ...... 128.07 ...... 128.07 France ...... Euro ...... 137.00 ...... 137.00 Mark Powers: Ethiopia ...... Birr ...... 383.28 ...... 383.28 Uganda ...... Shilling ...... 239.11 ...... 239.11 Italy ...... Euro ...... 66.58 ...... 66.58 France ...... Euro ...... 107.07 ...... 107.07 Ireland ...... Dollar ...... 6,672.57 ...... 6,672.57 Jeremy Shull: Ethiopia ...... Birr ...... 347.00 ...... 347.00 Jeremy Shull: Uganda ...... Shilling ...... 12.00 ...... 12.00 Italy ...... Euro ...... 205.32 ...... 205.32 France ...... Euro ...... 200.00 ...... 200.00 Ireland ...... Dollar ...... 6,672.57 ...... 6,672.57 Senator Jeff Sessions: Kuwait ...... Dollar ...... 65.00 ...... 65.00 France ...... Euro ...... 367.00 ...... 367.00 Senator James M. Inhofe: Italy ...... Euro ...... 145.00 ...... 145.00 Jeremy Shull: Italy ...... Euro ...... 145.00 ...... 145.00 Senator E. Benjamin Nelson: Kuwait ...... Dollar ...... 78.00 ...... 78.00 France ...... Euro ...... 445.00 ...... 25.00 ...... 470.00 Christiana Gallagher: Kuwait ...... Dollar ...... 78.00 ...... 78.00 France ...... Euro ...... 452.00 ...... 20.00 ...... 472.00

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 8634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2007 CONGRESSIONAL RECORD — SENATE S11075 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ARMED SERVICES FOR TRAVEL FROM APR. 1 TO JUNE 30, 2007—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

David DiMartino: Kuwait ...... Dollar ...... 78.00 ...... 78.00 France ...... Euro ...... 445.00 ...... 25.00 ...... 470.00 William K. Sutey: United States ...... Dollar ...... 10,626.93 ...... 10,626.93 Kuwait ...... Dollar ...... 118.00 ...... 118.00 Senator Claire McCaskill: United States ...... Dollar ...... 7,870.93 ...... 7,870.93 Kuwait ...... Dollar ...... 120.00 ...... 120.00 Stephen Hedger: United States ...... Dollar ...... 7,870.93 ...... 7,870.93 Kuwait ...... Dollar ...... 128.00 ...... 128.00 Tod Martin: United States ...... Dollar ...... 7,870.93 ...... 7,870.93 Kuwait ...... Dollar ...... 120.00 ...... 120.00 Senator James Inhofe: France ...... Euro ...... 824.00 ...... 824.00 Senator Joseph I. Lieberman: United States ...... Dollar ...... 9,731.00 ...... 9,731.00 Senator Joseph I. Lieberman: United Arab Emirates ...... Dollar ...... 1,042.00 ...... 138.00 ...... 1,180.00 Jordan ...... Dollar ...... 273.00 ...... 273.00 Israel ...... Dollar ...... 1,209.00 ...... 1,000.00 ...... 2,209.00 Czech Republic ...... Dollar ...... 542.00 ...... 542.00 Vance Serchuk: United States ...... Dollar ...... 9,239.94 ...... 9,239.94 United Arab Emirates ...... Dollar ...... 919.00 ...... 919.00 Jordan ...... Dollar ...... 236.00 ...... 236.00 Israel ...... Dollar ...... 1,090.00 ...... 1,090.00 Czech Republic ...... Dollar ...... 450.00 ...... 450.00 Frederick M. Downey: United States ...... Dollar ...... 9,239.94 ...... 9,239.94 United Arab Emirates ...... Dollar ...... 919.00 ...... 919.00 Jordan ...... Dollar ...... 236.00 ...... 236.00 Israel ...... Dollar ...... 1,090.00 ...... 1,090.00 Czech Repubic ...... Dollar ...... 450.00 ...... 450.00

Total ...... 15,744.19 ...... 75,865.74 ...... 1,372.00 ...... 92,981.93

CARL LEVIN, Chairman, Committee on Armed Services, July 6, 2007.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON BANKING, HOUSING, AND URBAN AFFAIRS FOR TRAVEL FROM APR. 1 TO JUNE 30, 2007

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Robert Bennett: Belgium ...... Euro ...... 372.00 ...... 372.00 Natham Graham: Belgium ...... Euro ...... 360.00 ...... 360.00 Mark Morrison: Belgium ...... Euro ...... 365.00 ...... 365.00

Total ...... 1,097.00 ...... 1,097.00

CHRIS DODD, Chairman, Committee on Banking, Housing and Urban Affairs, June 27, 2007.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON BUDGET FOR TRAVEL FROM APR. 1 TO JUNE 30, 2007

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Scott B. Gudes: Switzerland ...... Franc ...... 1,752.00 ...... 1,752.00 Turkey ...... Lira ...... 988.00 ...... 988.00 United States ...... Dollar ...... 6,481.71 ...... 6,481.71 Jay A. Khosla Switzerland ...... Franc ...... 1,752.00 ...... 1,752.00 Turkey ...... Lira ...... 988.00 ...... 988.00 United States ...... Dollar ...... 6,481.71 ...... 6,481.71 David Pappone: Switzerland ...... Franc ...... 1,752.00 ...... 1,752.00 Turkey ...... Lira ...... 988.00 ...... 988.00 United States ...... Dollar ...... 6,481.71 ...... 6,481.71

Total: ...... 8,220.00 ...... 19,445.13 ...... 27,665.13 KENT CONRAD, Chairman, Committee on U.S. Senate Budget Committee, July 11 2007.

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 8634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11076 CONGRESSIONAL RECORD — SENATE September 4, 2007 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION FOR TRAVEL FROM APR. 1 TO JUNE 30, 2007

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Elizabeth Stewart: Jordan ...... Dollar ...... 112.00 ...... 112.00 United Kingdom ...... Pound ...... 63.93 ...... 116.58 ...... 18.58 ...... 199.09 Total ...... 175.93 ...... 116.58 ...... 18.58 ...... 311.09 DANIEL K. INOUYE, Chairman, Committee on Commerce, Science, and Transportation, July 23, 2007.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, AMENDED FROM 1ST QUARTER, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ENERGY AND NATURAL RESOURCES—ADDENDUM TO FIRST QUARTER REPORT FOR TRAVEL FROM JAN. 1 TO MAR. 30, 2007

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Kathryn Clay: Canada ...... Dollar ...... 336.81 ...... 336.81 United States ...... Dollar ...... 807.13 ...... 807.13 Total ...... 336.81 ...... 807.13 ...... 1,143.94 JEFF BINGAMAN, Chairman, Committee on Energy & Natural Resources, June 29, 2007.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FINANCE FOR TRAVEL FROM JAN. 1 TO MAR. 31, 2007

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Maria Cantwell: Switzerland ...... Franc ...... 390.00 ...... 390.00 Greece ...... Euro ...... 186.00 ...... 186.00 Senator Trent Lott: Switzerland ...... Franc ...... 390.00 ...... 390.00 Greece ...... Euro ...... 186.00 ...... 186.00 Senator Gordon Smith: Switzerland ...... Franc ...... 390.00 ...... 390.00 Greece ...... Euro ...... 186.00 ...... 186.00 Rob Epplin: Switzerland ...... Franc ...... 333.00 ...... 333.00 Greece ...... Euro ...... 186.00 ...... 186.00 Michael Meehan: Switzerland ...... Franc ...... 390.00 ...... 390.00 Greece ...... Euro ...... 186.00 ...... 186.00 Demetrios Marantis: United States ...... Dollar ...... 5,646.58 ...... 5,646.58 Korea ...... Won ...... 184.48 ...... 184.48 Malaysia ...... Ringget ...... 181.98 ...... 181.98 Janis Lazda: United States ...... Dollar ...... 5,646.63 ...... 5,646.63 Korea ...... Won ...... 188.25 ...... 188.25 Malaysia ...... Ringget ...... 129.03 ...... 129.03 Stephen Schaefer: United States ...... Dollar ...... 5,646.63 ...... 5,646.63 Korea ...... Won ...... 108.18 ...... 108.18 Malaysia ...... Ringget ...... 22.93 ...... 22.93 Alexander Perkins: United States ...... Dollar ...... 5,646.58 ...... 5,646.58 Korea ...... Won ...... 12.17 ...... 12.17 Malaysia ...... Ringget ...... 106.11 ...... 106.11 Peter Fischer: United States ...... Dollar ...... 5,646.58 ...... 5,646.58 Korea ...... Won ...... 55.41 ...... 55.41 Malaysia ...... Ringget ...... 36.60 ...... 36.60 Michael Hamond: United States ...... Dollar ...... 5,646.63 ...... 5,646.63 Korea ...... Won ...... 284.13 ...... 284.13 Malaysia ...... Ringget ...... 57.22 ...... 57.22 Barry LaSala: United States ...... Dollar ...... 5,646.63 ...... 5,646.63 Korea ...... Won ...... 252.14 ...... 252.14 Malaysia ...... Ringget ...... 26.70 ...... 26.70 Sam Mitchell: United States ...... Dollar ...... 5,646.58 ...... 5,646.58 Korea ...... Won ...... 155.95 ...... 155.95 Malaysia ...... Ringget ...... 88.63 ...... 88.63 Christopher Campbell: United States ...... Dollar ...... 5,646.63 ...... 5,646.63 Korea ...... Won ...... 280.58 ...... 280.58 Malaysia ...... Ringget ...... 135.67 ...... 135.67 Hannah Smith: United States ...... Dollar ...... 5,646.63 ...... 5,646.63 Korea ...... Won ...... 91.63 ...... 91.63 Malaysia ...... Ringget ...... 37.02 ...... 37.02 Todd Stiefler: Kuwait ...... Dollar ...... 0.00 ...... 0.00 Israel ...... Dollar ...... 39.05 ...... 39.05 Total ...... 5,296.86 ...... 56,466.10 ...... 61,762.96 MAX BAUCUS, Chairman, Committee on Finance, July 25, 2007.

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 8634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2007 CONGRESSIONAL RECORD — SENATE S11077 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FINANCE FOR TRAVEL FROM APR. 1 TO JUNE 30, 2007

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Ken Salazar: Jordan ...... Dinar ...... 301.00 ...... 301.00 Israel ...... Dollar ...... 522.34 ...... 522.34 Senator Gordon Smith: Jordan ...... Dinar ...... 137.00 ...... 137.00 United Kingdom ...... Pound ...... 222.00 ...... 222.00 Grant Leslie: Jordan ...... Dinar ...... 160.00 ...... 160.00 Israel ...... Dollar ...... 240.00 ...... 240.00 Rob Epplin: Jordan ...... Dinar ...... 160.00 ...... 160.00 Israel ...... Dollar ...... 240.00 ...... 240.00 Total ...... 1,982.34 ...... 1,982.34 MAX BAUCUS, Chairman, Committee on Finance, July 27, 2007.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM APR. 1 TO JUNE 30, 2007

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Benjamin Cardin: Jordan ...... Dinar ...... 337.00 ...... 6.00 ...... 343.00 Israel ...... Sheckel ...... 428.00 ...... 428.00 Italy ...... Euro ...... 190.00 ...... 190.00 Senator Norm Coleman: Kuwait ...... Dollar ...... 95.78 ...... 95.78 United States ...... Dollar ...... 8,054.34 ...... 8,054.34 Senator Chuck Hagel: Kuwait ...... Dollar ...... 160.00 ...... 160.00 United States ...... Dollar ...... 7,624.00 ...... 7,624.00 Senator Chuck Hagel: Jordan ...... Dinar ...... 355.00 ...... 355.00 Israel ...... Dollar ...... 366.00 ...... 366.00 Italy ...... Dollar ...... 366.00 ...... 366.00 Senator Jim Webb: Japan ...... Yen ...... 425.00 ...... 425.00 Vietnam ...... Dollar ...... 912.00 ...... 912.00 Thailand ...... Baht ...... 1,755.00 ...... 1,755.00 United States ...... Dollar ...... 8,900.77 ...... 8,900.77 Jonah Blank: Laos ...... Dollar ...... 525.00 ...... 118.00 ...... 643.00 Vietnam ...... Dollar ...... 726.00 ...... 143.36 ...... 869.36 United States ...... Dollar ...... 8,632.92 ...... 8,632.92 Jay Branegan: Nicaragua ...... Cordoba ...... 110.00 ...... 110.00 United States ...... Dollar ...... 1,413.70 ...... 1,413.70 Mark Clack: Jordan ...... Dinar ...... 339.87 ...... 339.87 Israel ...... Shekel ...... 262.87 ...... 262.87 Italy ...... Euro ...... 148.15 ...... 148.15 Brooke Daley: Bangladesh ...... Taka ...... 646.36 ...... 646.36 United States ...... Dollar ...... 9,973.31 ...... 9,973.31 Brooke Daley: Nicaragua ...... Cordoba ...... 115.00 ...... 115.00 United States ...... Dollar ...... 1,413.70 ...... 1,413.70 Isaac Edwards: Iceland ...... Krona ...... 986.87 ...... 986.87 United States ...... Dollar ...... 2,704.99 ...... 2,704.99 Paul Foldi: Armenia ...... Dollar ...... 1,044.61 ...... 65.50 ...... 477.66 ...... 1,587.77 Kazakhstan ...... Dollar ...... 2,195.00 ...... 2,195.00 United States ...... Dollar ...... 15,008.20 ...... 15,008.20 Mary Locke: Lebanon ...... Dollar ...... 120.00 ...... 54.00 ...... 174.00 Jordan ...... Dinar ...... 670.31 ...... 670.31 United States ...... Dollar ...... 7,213.48 ...... 7,213.48 Carl Meacham: Peru ...... Dollar ...... 1,049.00 ...... 1,049.00 United States ...... Dollar ...... 6,235.95 ...... 6,235.95 Thomas Moore: Libya ...... Dollar ...... 1,032.00 ...... 1,032.00 United States ...... Dollar ...... 7,412.83 ...... 7,412.83 Kenneth Myers, III: France ...... Euro ...... 300.00 ...... 300.00 Belgium ...... Euro ...... 500.00 ...... 500.00 United States ...... Dollar ...... 6,237.34 ...... 6,237.34 Nilmini Rubin: Bangladesh ...... Taka ...... 714.50 ...... 128.00 ...... 842.50 United States ...... Dollar ...... 9,973.31 ...... 9,973.31 Rexon Ryu: Jordan ...... Dinar ...... 372.00 ...... 372.00 Israel ...... Shekel ...... 366.00 ...... 366.00 Italy ...... Euro ...... 366.00 ...... 366.00 Manisha Singh: United Kingdom ...... Pound ...... 980.00 ...... 980.00 UAE ...... Dollar ...... 1,736.00 ...... 1,736.00 France ...... Euro ...... 220.00 ...... 220.00 United States ...... Dollar ...... 12,022.83 ...... 12,022.83 Manisha Singh: Ukraine ...... Grievna ...... 530.00 ...... 530.00 Georgia ...... Lari ...... 370.00 ...... 370.00 United States ...... Dollar ...... 6,952.00 ...... 6,952.00 Jennifer Simon: Kosovo ...... Euro ...... 600.00 ...... 600.00 Macedonia ...... Dollar ...... 305.00 ...... 305.00

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 8634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11078 CONGRESSIONAL RECORD — SENATE September 4, 2007 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON FOREIGN RELATIONS FOR TRAVEL FROM APR. 1 TO JUNE 30, 2007—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Serbia ...... Dollar ...... 755.00 ...... 755.00 United States ...... Dollar ...... 7,131.94 ...... 7,131.94 Chris Stevens: Lebanon ...... Dollar ...... 306.00 ...... 306.00 Jordan ...... Dollar ...... 898.00 ...... 898.00 United States ...... Dollar ...... 6,351.48 ...... 6,351.48 Jennifer Park Stout: Japan ...... Yen ...... 425.00 ...... 425.00 Vietam ...... Dollar ...... 912.00 ...... 912.00 Thailand ...... Baht ...... 1,755.00 ...... 1,755.00 United States ...... Dollar ...... 8,900.77 ...... 8,900.77 Marik String: Armenia ...... Dollar ...... 1,511.62 ...... 65.50 ...... 477.66 ...... 2,054.78 Kazakhstan ...... Dollar ...... 2,195.00 ...... 2,195.00 United States ...... Dollar ...... 10,534.26 ...... 10,534.26 Jordan Talge: Kuwait ...... Dollar ...... 95.78 ...... 95.78 United States ...... Dollar ...... 8,059.34 ...... 8,059.34 Puneet Talwar: Sweden ...... Euro ...... 838.00 ...... 838.00 United States ...... Dollar ...... 7,259.04 ...... 7,259.04 Tomicah Tillemann: Kosovo ...... Euro ...... 600.00 ...... 600.00 Macedonia ...... Denar ...... 305.00 ...... 305.00 Serbia ...... Dinar ...... 755.00 ...... 755.00 United States ...... Dollar ...... 7,131.94 ...... 7,131.94 Total ...... 34,071.72 ...... 175,716.80 ...... 961.32 ...... 210,749.84 JOSEPH R. BIDEN, Jr., Chairman, Committee on Foreign Relations, July 25, 2007.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS COMMITTEE FOR TRAVEL FROM APR. 1 TO JUNE 30, 2007

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Thomas Carper: United States ...... Dollar ...... 9,224.09 ...... 9,224.09 Wendy Anderson: United States ...... Dollar ...... 10,626.93 ...... 10,626.93 Kuwait ...... Dinar ...... 179.00 ...... 179.00 Total ...... 179.00 ...... 19,851.02 ...... 20,030.02 JOSEPH LIEBERMAN, Chairman, Committee on Homeland Security and Governmental Affairs Committee, July 16, 2007.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON INTELLIGENCE FOR TRAVEL FROM APR. 1 TO JUNE 30, 2007

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Paul Matulic ...... 1,719.00 ...... 1,719.00 Dollar ...... 8,759.20 ...... 8,759.20 Jennifer Wagner ...... 1,817.00 ...... 1,817.00 Dollar ...... 8,759.20 ...... 8,759.20 Thomas Corcoran ...... 1,806.00 ...... 1,806.00 Dollar ...... 8,759.20 ...... 8,759.20 Senator Christopher S. Bond ...... 155.00 ...... 155.00 Dollar ...... 7,846.08 ...... 7,846.08 Louis Tucker ...... 155.00 ...... 155.00 Dollar ...... 7,846.08 ...... 7,846.08 Senator Olympia Snowe ...... 51.00 ...... 51.00 Dollar ...... 7,846.08 ...... 7,846.08 John Maguire ...... 72.00 ...... 72.00 Dollar ...... 7,846.08 ...... 7,846.08 Senator Saxby Chambliss ...... 51.00 ...... 51.00 Dollar ...... 7,846.08 ...... 7,846.08 Jennifer Wagner ...... 155.00 ...... 155.00 Dollar ...... 7,846.08 ...... 7,846.08 John Livingston ...... 155.00 ...... 155.00 Dollar ...... 12,895.69 ...... 12,895.69 Kathleen Rice ...... 155.00 ...... 155.00 Dollar ...... 9,313.08 ...... 9,313.08 Senator Orrin Hatch ...... 248.75 ...... 248.75 Paul Matulic ...... 353.00 ...... 353.00 Daniel Jones ...... 675.00 ...... 675.00 Dollar ...... 12,500.00 ...... 12,500.00 Sameer Bhalotra ...... 688.00 ...... 688.00 Dollar ...... 12,500.00 ...... 12,500.00 Senator Barbara Mikulski ...... 1,100.00 ...... 1,100.00 Dollar ...... 7,075.50 ...... 7,075.50 George K. Johnson ...... 1,100.00 ...... 1,100.00 Dollar ...... 7,075.50 ...... 7,075.50 Todd Rosenblum ...... 1,465.00 ...... 1,465.00 Dollar ...... 9,520.21 ...... 9,520.21 John Maguire ...... 1,124.00 ...... 1,124.00 Dollar ...... 9,492.63 ...... 9,492.63 Alissa Starzak ...... 916.23 ...... 916.23 Dollar ...... 10,082.91 ...... 10,082.91

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 8634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2007 CONGRESSIONAL RECORD — SENATE S11079 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON INTELLIGENCE FOR TRAVEL FROM APR. 1 TO JUNE 30, 2007—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Bill Nelson ...... 1,098.04 ...... 1,098.04 Dollar ...... 6,240.34 ...... 6,240.34 Caroline Tess ...... 1,172.00 ...... 1,172.00 Dollar ...... 6,539.34 ...... 6,539.34 Peter Mitchell ...... 797.43 ...... 797.43 Dollar ...... 5,319.34 ...... 5,319.34 Eric Rosenbach ...... 167.47 ...... 167.47 Dollar ...... 7,644.08 ...... 7,644.08 Total ...... 17,195.92 ...... 189,552.70 ...... 206,748.62 JAY ROCKEFELLER, Chairman, Committee on Intelligence, July 18, 2007.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE US. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON ENERGY & NATURAL RESOURCES FOR TRAVEL FROM APR. 1 TO JUNE 30, 2007

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Jeff Bingaman: United States ...... Dollar ...... 7,256.56 ...... 7,256.56 England ...... Dollar ...... 644.20 ...... 428.00 ...... 1,072.20 Belgium ...... Dollar ...... 230.05 ...... 77.00 ...... 307.05 France ...... Dollar ...... 634.38 ...... 634.38 Senator Bob Corker: United States ...... Dollar ...... 7,751.56 ...... 7,751.56 England ...... Dollar ...... 594.12 ...... 428.00 ...... 1,022.12 Belgium ...... Dollar ...... 224.98 ...... 77.00 ...... 301.98 France ...... Dollar ...... 246.14 ...... 246.14 Stephen Ward: United States ...... Dollar ...... 7,256.56 ...... 7,256.56 England ...... Dollar ...... 516.04 ...... 428.00 ...... 944.04 Belgium ...... Dollar ...... 297.55 ...... 77.00 ...... 374.55 France ...... Dollar ...... 675.86 ...... 675.86 Jonathan Black: United States ...... Dollar ...... 7,750.56 ...... 7,750.56 England ...... Dollar ...... 515.58 ...... 428.00 ...... 943.58 Belgium ...... Dollar ...... 376.53 ...... 77.00 ...... 453.53 France ...... Dollar ...... 728.48 ...... 728.48 Total ...... 5,683.91 ...... 32,035.24 ...... 37,719.15 JEFF BINGAMAN, Chairman, Committee on Energy & Natural Resources, June 29, 2007.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS FOR TRAVEL FROM APR. 1 TO JUNE 30, 2007

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Waxman, Sharon: Switzerland ...... Franc ...... 1,969.25 ...... 1,969.25 United States ...... Dollar ...... 1,441.20 ...... 1,441.20 Waxman Sharon: United States ...... Dollar ...... 2,680.69 ...... 2,680.69 Total ...... 1,969.25 ...... 4,121.89 ...... 6,091.14 EDWARD KENNEDY, Chairman, Committee on Health, Education, Labor, and Pensions, July 10, 2007.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON VETERANS’ AFFAIRS FOR TRAVEL FROM APR. 1 TO JUNE 30, 2007

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Senator Larry Craig: France ...... Euro ...... 309.96 ...... 309.96 Italy ...... Euro ...... 1,628.30 ...... 1,628.30 Germany ...... Euro ...... 304.30 ...... 304.30 Lupe Wissel: France ...... Euro ...... 258.43 ...... 258.43 Italy ...... Euro ...... 1,309.96 ...... 1,309.96 Germany ...... Euro ...... 258.59 ...... 258.59 Jonathan Towers: France ...... Euro ...... 258.43 ...... 258.43 Italy ...... Euro ...... 1,279.84 ...... 1,279.84 Germany ...... Euro ...... 258.59 ...... 258.59 Jeff Schrade: France ...... Euro ...... 254.27 ...... 254.27 Italy ...... Euro ...... 1,279.84 ...... 1,279.84 Germany ...... Euro ...... 258.59 ...... 258.59 Joan Kirchner: United States ...... Dollar ...... 9,420.29 ...... 9,420.29 Israel ...... Shekel ...... 1,047.00 ...... 1,047.00

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 8634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11080 CONGRESSIONAL RECORD — SENATE September 4, 2007 CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), COMMITTEE ON VETERANS’ AFFAIRS FOR TRAVEL FROM APR. 1 TO JUNE 30, 2007—Continued

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Qatar ...... Riyal ...... 561.65 ...... 561.65 Catherine Henson: United States ...... Dollar ...... 9,061.29 ...... 9,061.29 Israel ...... Shekel ...... 1,047.00 ...... 1,047.00 Qatar ...... Riyal ...... 561.65 ...... 561.65 Andrew Billing: United States ...... Dollar ...... 9,061.29 ...... 9,061.29 Israel ...... Shekel ...... 1,047.00 ...... 1,047.00 Total ...... 11,923.40 ...... 27,542.87 ...... 50,697.86 DANIEL AKAKA, Chairman, Committee on Veterans’ Affairs, July 27, 2007.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), JOINT ECONOMIC COMMITTEE FOR TRAVEL FROM APR. 1 TO JUNE 30, 2007

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Nan M. Gibson: United States ...... Dollar ...... 4,244.59 ...... 4,244.59 Jordan ...... Dinar ...... 513.00 ...... 513.00 Total ...... 513.00 ...... 4,244.59 ...... 4,757.59 CHARLES SCHUMER, Chairman, Joint Economic Committee, June 26, 2007.

CONSOLIDATED REPORT OF EXPENDITURE OF FUNDS FOR FOREIGN TRAVEL BY MEMBERS AND EMPLOYEES OF THE U.S. SENATE, UNDER AUTHORITY OF SEC. 22, P.L. 95–384—22 U.S.C. 1754(b), MAJORITY LEADER, FOR TRAVEL FROM APR. 1 TO JUNE 30, 2007

Per diem Transportation Miscellaneous Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name and country Name of currency Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency currency currency currency

Marcel Lettre: United States ...... Dollar ...... 7,361.22 ...... 7,361.22 Libya ...... Dollar ...... 800.83 ...... 800.83 Total ...... 800.83 ...... 7,361.22 ...... 8,162.05 HARRY REID, h Majority Leader, July 26, 2007.

MEDICARE NATIONAL COVERAGE The resolution, with its preamble, Whereas the American Society of Clinical DETERMINATION ON THE TREAT- reads as follows: Oncology has written to the Centers for MENT OF ANEMIA IN CANCER S. RES. 305 Medicare & Medicaid Services to note that such a ‘‘restriction is inconsistent with both PATIENTS Whereas the Centers for Medicare & Med- the FDA-approved labeling and national Mr. WHITEHOUSE. Mr. President, I icaid Services issued a final Medicare Na- tional Coverage Determination on the Use of guidelines’’, to express deep concerns about ask unanimous consent that the Fi- Erythropoiesis Stimulating Agents in Cancer such final National Coverage Determination, nance Committee be discharged from and Related Neoplastic Conditions (CAG– and to urge that the Centers for Medicare & further consideration and the Senate 000383N) on July 30, 2007; Medicaid Services reconsider such restric- now proceed to S. Res. 305. Whereas 52 United States Senators and 235 tion; The PRESIDING OFFICER. Without Members of the House of Representatives, Whereas such restriction could increase objection, it is so ordered. representing bipartisan majorities in both blood transfusions and severely compromise the high quality of cancer care delivered by The clerk will report the resolution chambers, have written to the Centers for Medicare & Medicaid Services expressing sig- physicians in United States; and by title. nificant concerns with the proposed National Whereas the Centers for Medicare & Med- The assistant legislative clerk read Coverage Determination on the Use of icaid Services has noted that the agency did as follows: Erythropoiesis Stimulating Agents in Cancer not address the impact on the blood supply A resolution (S. Res. 305) to express the and Related Neoplastic Conditions, issued on in such final National Coverage Determina- sense of the Senate regarding the Medicare May 14, 2007, regarding the use of tion and has specifically stated, ‘‘[t]he con- national coverage determination on the erythropoiesis stimulating agent therapy for cern about the adequacy of the nation’s treatment of anemia in cancer patients. Medicare cancer patients; blood supply is not a relevant factor for con- Whereas, although some improvements There being no objection, the Senate sideration in this national coverage deter- have been incorporated into such final Na- mination’’: Now, therefore, be it proceeded to consider the resolution. tional Coverage Determination, the policy Mr. WHITEHOUSE. Mr. President, I continues to raise significant concerns Resolved, That it is the sense of the Senate ask unanimous consent that the reso- among physicians and patients about the po- that— lution be agreed to, the preamble be tential impact on the treatment of cancer (1) the Centers for Medicare & Medicaid agreed to, and the motion to reconsider patients in the United States; Services should begin an immediate recon- be laid upon the table. Whereas the American Society of Clinical sideration of the final National Coverage De- termination on the Use of Erythropoiesis The PRESIDING OFFICER. Without Oncology, the national organization rep- resenting physicians who treat patients with Stimulating Agents in Cancer and Related objection, it is so ordered. cancer, is specifically concerned about a pro- Neoplastic Conditions (CAG–000383N); The resolution (S. Res. 305) was vision in such final National Coverage Deter- (2) the Centers for Medicare & Medicaid agreed to. mination that restricts coverage whenever a Services should consult with members of the The preamble was agreed to. patient’s hemoglobin goes above 10 g/dL; clinical oncology community to determine

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 4, 2007 CONGRESSIONAL RECORD — SENATE S11081 appropriate revisions to such final National will not be any substantive changes to MEASURES READ THE FIRST Coverage Determination; and existing practices in the United States, TIME—H.R. 2419 AND H.R. 3221 (3) the Centers for Medicare & Medicaid and no economic impact is expected Services should implement appropriate revi- Mr. WHITEHOUSE. Mr. President, I sions to such final National Coverage Deter- from implementation of the Protocol. I understand there are two bills at the mination as soon as feasible and provide a recommend that the Senate give early desk, and I ask for their first reading briefing to Congress in advance of announc- and favorable consideration to this en bloc. ing such changes. Protocol and give its advice and con- The PRESIDING OFFICER. The f sent to ratification, with the declara- clerk will report the bills by title. tion and understanding contained in The assistant legislative clerk read REMOVAL OF INJUNCTION OF SE- Articles 3 and 10 respectively in the ac- as follows: CRECY—TREATY DOCUMENT NOS. companying report of the Department 110–5 AND 110–6 A bill (H.R. 2419) to provide for the con- of State. tinuation of agricultural programs through Mr. WHITEHOUSE. Mr. President, as GEORGE W. BUSH. fiscal year 2012, and for other purposes. in executive session, I ask unanimous THE WHITE HOUSE, September 4, 2007. A bill (H.R. 3221) moving the United States consent that the injunction of secrecy towards greater energy independence and se- curity, developing innovative new tech- be removed from the following treaties To the Senate of the United States: transmitted to the Senate on Sep- nologies, reducing carbon emissions, cre- tember 4, 2007, by the President of the I transmit herewith for Senate advice ating green jobs, protecting consumers, in- creasing clean renewable energy production, United States: 1996 Protocol to Conven- and consent to ratification the Amend- ment to the Convention on the Phys- and modernizing our energy infrastructure, tion on Prevention of Marine Pollution and to amend the Internal Revenue Code of by Dumping of Wastes, Treaty Docu- ical Protection of Nuclear Material 1986 to provide tax incentives for the produc- ment No. 110–5; and Amendment to (the ‘‘Amendment’’). A conference of tion of renewable energy and energy con- Convention on Physical Protection of States Parties to the Convention on servation. Nuclear Material, Treaty Document the Physical Protection of Nuclear Ma- Mr. WHITEHOUSE. Mr. President, I No. 110–6. terial, adopted on October 28, 1979, now ask for a second reading en bloc, I further ask consent that the trea- adopted the Amendment on July 8, and I object to my own request en bloc. ties be considered as having been read 2005, at the International Atomic En- The PRESIDING OFFICER. Objec- the first time, that they be referred, ergy Agency in Vienna. I transmit also, tion is heard. with accompanying papers, to the Com- for the information of the Senate, the The bills will receive their second mittee on Foreign Relations and or- Department of State report on the reading on the next legislative day. dered to be printed, and that the Presi- Amendment. Legislation necessary to dent’s messages be printed in the implement the Amendment will be sub- f ECORD mitted to the Congress separately. R . ORDERS FOR WEDNESDAY, The PRESIDING OFFICER. Without The Amendment contains specific SEPTEMBER 5, 2007 objection, it is so ordered. provisions to effect a coordinated Mr. WHITEHOUSE. Mr. President, I The messages of the President are as international response to combating follows: ask unanimous consent that when the and preventing nuclear terrorism and Senate completes its business today, it To the Senate of the United States: ensuring global security. It will require stand adjourned until 10 a.m. Wednes- I transmit herewith, with a view to each State Party to the Amendment to day, September 5; that on Wednesday, receiving advice and consent, the 1996 establish, implement, and maintain an following the prayer and pledge, the Protocol to the Convention on the Pre- appropriate physical protection regime Journal of proceedings be approved to vention of Marine Pollution by Dump- applicable to nuclear material and nu- date, the morning hour be deemed ex- ing of Wastes and Other Matter (the clear facilities used for peaceful pur- pired, and the time for the two leaders ‘‘London Convention’’), done in London poses. The aims of the regime are to be reserved for their use later in the on November 7, 1996. The Protocol was protect such material against theft or day; that there then be a period of signed by the United States on March other unlawful taking, to locate and morning business until 11:30 a.m. with 31, 1998, and it entered into force on rapidly recover missing or stolen mate- Senators permitted to speak therein March 24, 2006. rial, to protect such material and fa- for up to 10 minutes each and that the The Protocol represents the culmina- cilities against sabotage, and to miti- time be equally divided and controlled tion of a thorough and intensive effort gate or minimize the radiological con- between the leaders or their designees, to update and improve the London Con- sequences of sabotage. The Amendment with the Republicans controlling the vention. The London Convention gov- also provides a framework for coopera- first half and the majority controlling erns the ocean dumping and inciner- tion among States Parties directed at the final portion, and that during the ation at sea of wastes and other matter preventing nuclear terrorism and en- majority’s time, Senator DORGAN be and was a significant early step in suring punishment of offenders; con- recognized for up to 20 minutes; that at international protection of the marine tains provisions for protecting sen- 11:30 a.m, the Senate resume consider- environment from pollution caused by sitive physical protection information; ation of the Military Construction/Vet- these activities. and adds new criminal offenses that erans Affairs Appropriations Act. Fur- Although the Protocol and the Lon- each State Party must make punish- ther, that on Wednesday the Senate re- don Convention share many features, able by law. States Parties must also cess from 12:30 p.m. to 2:15 p.m. for the the Protocol is designed to protect the either submit for prosecution or extra- respective party conference meetings. marine environment more effectively. dite any person within their jurisdic- The PRESIDING OFFICER. Is there The Protocol moves from a structure of tions alleged to have committed one of objection? listing substances that may not be the offenses defined in the Convention, Without objection, it is so ordered. dumped to a ‘‘reverse list’’ approach, which prohibits ocean dumping of all as amended. f wastes or other matter, except for a This Amendment is important in the few specified wastes. This approach is campaign against international nu- WELCOMING BACK SENATOR combined with detailed criteria for en- clear terrorism and nuclear prolifera- JOHNSON vironmental assessment of those mate- tion. I recommend, therefore, that the Mr. WHITEHOUSE. Mr. President, I rials that may be considered for dump- Senate give early and favorable consid- would like to announce to the Senate ing and potential dumping sites. eration to this Amendment, subject to that on Wednesday, Senator JOHNSON is The Protocol would be implemented the understandings described in the ac- expected to return. Following the cau- through amendments to the Marine companying report of the Department cus recess period, the Senate will con- Protection, Research, and Sanctuaries of State. sider a resolution to welcome him Act (MPRSA), which currently covers GEORGE W. BUSH. back, and I would encourage Members London Convention obligations. There THE WHITE HOUSE, September 4, 2007. to be on the floor at 2:15 p.m.

VerDate Mar 15 2010 21:17 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\2007SENATE\S04SE7.REC S04SE7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S11082 CONGRESSIONAL RECORD — SENATE September 4, 2007 ADJOURNMENT UNTIL 10 A.M. SELOR, TO BE AMBASSADOR EXTRAORDINARY AND To be admiral PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TOMORROW TO THE REPUBLIC OF ANGOLA. VICE ADM. JONATHAN W. GREENERT, 0000 LOUIS JOHN NIGRO, JR., OF FLORIDA, A CAREER MEM- Mr. WHITEHOUSE. Mr. President, if BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- f there is no further business to come be- ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- DINARY AND PLENIPOTENTIARY OF THE UNITED STATES fore the Senate today, I ask unanimous OF AMERICA TO THE REPUBLIC OF CHAD. CONFIRMATION consent that the Senate stand in ad- DEPARTMENT OF LABOR Executive Nomination Confirmed by journment under the previous order. the Senate Tuesday, September 4, 2007: There being no objection, the Senate, GREGORY F. JACOB, OF NEW JERSEY, TO BE SOLICITOR FOR THE DEPARTMENT OF LABOR, VICE HOWARD EXECUTIVE OFFICE OF THE PRESIDENT at 7:20 p.m., adjourned until Wednes- RADZELY. day, September 5, 2007, at 10 a.m. JIM NUSSLE, OF IOWA, TO BE DIRECTOR OF THE OFFICE DEPARTMENT OF HOMELAND SECURITY OF MANAGEMENT AND BUDGET. THE ABOVE NOMINATION WAS APPROVED SUBJECT TO f ROBERT D. JAMISON, OF VIRGINIA, TO BE UNDER SEC- THE NOMINEE’S COMMITMENT TO RESPOND TO RE- RETARY FOR NATIONAL PROTECTION AND PROGRAMS, QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY NOMINATIONS DEPARTMENT OF HOMELAND SECURITY, VICE GEORGE CONSTITUTED COMMITTEE OF THE SENATE. Executive nominations received by W. FORESMAN, RESIGNED. the Senate: IN THE AIR FORCE f DEPARTMENT OF COMMERCE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- WITHDRAWALS CHRISTOPHER A. PADILLA, OF THE DISTRICT OF CO- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE LUMBIA, TO BE UNDER SECRETARY OF COMMERCE FOR AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION Executive message transmitted by INTERNATIONAL TRADE, VICE FRANKLIN L. LAVIN, RE- 601: the President to the Senate on Sep- SIGNED. To be lieutenant general tember 4, 2007 withdrawing from fur- DEPARTMENT OF STATE MAJ. GEN. EDWARD A. RICE, JR., 0000 ther Senate consideration the fol- PAULA J. DOBRIANSKY, OF VIRGINIA, FOR THE RANK lowing nominations: OF AMBASSADOR DURING HER TENURE OF SERVICE AS IN THE ARMY SPECIAL ENVOY FOR NORTHERN IRELAND. SCOTT A. KELLER, OF FLORIDA, TO BE AN ASSISTANT PAUL E. SIMONS, OF VIRGINIA, A CAREER MEMBER OF THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SECRETARY OF HOUSING AND URBAN DEVELOPMENT, THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- IN THE RESERVE OF THE ARMY TO THE GRADE INDI- VICE STEVEN B. NESMITH, RESIGNED, WHICH WAS SENT COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND CATED UNDER TITLE 10, U.S.C., SECTION 12203: TO THE SENATE ON JANUARY 9, 2007. PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA DAVID PALMER, OF MARYLAND, TO BE A MEMBER OF TO THE REPUBLIC OF CHILE. To be major general THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION JAMES FRANCIS MORIARTY, OF MASSACHUSETTS, A FOR A TERM EXPIRING JULY 1, 2011, VICE CARI M. BRIG. GEN. CHRISTOPHER A. INGRAM, 0000 CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, DOMINGUEZ, TERM EXPIRED, WHICH WAS SENT TO THE CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR IN THE NAVY SENATE ON JANUARY 9, 2007. EXTRAORDINARY AND PLENIPOTENTIARY OF THE CHARLES W. GRIM, OF OKLAHOMA, TO BE DIRECTOR OF UNITED STATES OF AMERICA TO THE PEOPLE’S REPUB- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE INDIAN HEALTH SEVICE, DEPARTMENT OF HEALTH LIC OF BANGLADESH. IN THE UNITED STATES NAVY TO THE GRADE INDICATED AND HUMAN SERVICES, FOR THE TERM OF FOUR YEARS. DAN MOZENA, OF IOWA, A CAREER MEMBER OF THE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND (REAPPOINTMENT), WHICH WAS SENT TO THE SENATE ON SENIOR FOREIGN SERVICE, CLASS OF MINISTER-COUN- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: MAY 21, 2007.

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