Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 110 CONGRESS, FIRST SESSION

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, THURSDAY, JUNE 28, 2007 No. 106 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, Senate will resume consideration of S. called to order by the Honorable JON PRESIDENT PRO TEMPORE, 1639, which the clerk will report. TESTER, a Senator from the State of Washington, DC, June 28, 2007. The legislative clerk read as follows: To the Senate: Montana. A bill (S. 1639) to provide for comprehen- Under the provisions of rule I, paragraph 3, sive immigration reform and for other pur- of the Standing Rules of the Senate, I hereby PRAYER poses. appoint the Honorable JON TESTER, a Sen- The Chaplain, Dr. Barry C. Black, of- ator from the State of Montana, to perform Pending: fered the following prayer: the duties of the Chair. Reid (for Kennedy/Specter) modified Let us pray. ROBERT C. BYRD, amendment No. 1934, of a perfecting nature. Gracious God, our hiding place, how President pro tempore. Division VII of Reid (for Kennedy/Specter) Mr. TESTER thereupon assumed the modified amendment No. 1934. often we take refuge in Your forgive- Division VIII of Reid (for Kennedy/Specter) ness. Thank You for Your unlimited chair as Acting President pro tempore. modified amendment No. 1934. mercy. Today, we are aware of how we f Division IX of Reid (for Kennedy/Specter) do not always measure up to what we modified amendment No. 1934. know to be right; forgive us. Also, we RECOGNITION OF THE MAJORITY Division X of Reid (for Kennedy/Specter) know of the times we have done wrong LEADER modified amendment No. 1934. Division XI of Reid (for Kennedy/Specter) because of our failure to act; forgive The ACTING PRESIDENT pro tem- modified amendment No. 1934. us. Help us, Lord, to lean on Your pore. The majority leader is recog- Division XII of Reid (for Kennedy/Specter) grace, trusting You to save us from nized. modified amendment No. 1934. ourselves. Division XIII of Reid (for Kennedy/Specter) f Today, bless the Members of this modified amendment No. 1934. great body. Give them the strength and SCHEDULE Division XIV of Reid (for Kennedy/Specter) modified amendment No. 1934. commitment to lead our Nation to new Mr. REID. This morning the Senate Division XV of Reid (for Kennedy/Specter) levels of greatness. Empower them to will immediately resume consideration modified amendment No. 1934. use their talents, abilities, and ener- of S. 1639, the immigration legislation. Division XVI of Reid (for Kennedy/Specter) gies to make a better world. As they There will be an hour of debate only modified amendment No. 1934. walk in the path of truth and honor, prior to the cloture vote on the legisla- Division XVII of Reid (for Kennedy/Spec- ter) modified amendment No. 1934. give them Your peace. We pray in Your tion. The time is divided between Sen- saving Name. Amen. Division XVIII of Reid (for Kennedy/Spec- ators KENNEDY and SPECTER or their ter) modified amendment No. 1934. designees. Division XIX of Reid (for Kennedy/Specter) f Following the hour, the leaders will modified amendment No. 1934. each receive 10 minutes if they choose Division XX of Reid (for Kennedy/Specter) PLEDGE OF ALLEGIANCE to utilize the time, with the majority modified amendment No. 1934. Division XXI of Reid (for Kennedy/Specter) The Honorable JON TESTER, a Sen- leader controlling the final 10 minutes. modified amendment No. 1934. ator from the State of Montana, led If all time is used, the cloture vote Division XXII of Reid (for Kennedy/Spec- the Pledge of Allegiance, as follows: would occur about 10:50 this morning. ter) modified amendment No. 1934. I pledge allegiance to the Flag of the Members are reminded that there is a Division XXIII of Reid (for Kennedy/Spec- United States of America, and to the Repub- 10 a.m. filing deadline for any germane ter) modified amendment No. 1934. Division XXIV of Reid (for Kennedy/Spec- lic for which it stands, one nation under God, second-degree amendments. ter) modified amendment No. 1934. indivisible, with liberty and justice for all. f Division XXV of Reid (for Kennedy/Spec- ter) modified amendment No. 1934. f RESERVATION OF LEADER TIME Division XXVI of Reid (for Kennedy/Spec- The ACTING PRESIDENT pro tem- ter) modified amendment No. 1934. APPOINTMENT OF ACTING pore. Under the previous order, the Division XXVII of Reid (for Kennedy/Spec- PRESIDENT PRO TEMPORE ter) modified amendment No. 1934. leadership time is reserved. Kennedy Amendment No. 1978 (to Division The PRESIDING OFFICER. The f VII of Reid (for Kennedy/Specter) modified clerk will please read a communication amendment No. 1934), to change the enact- to the Senate from the President pro COMPREHENSIVE IMMIGRATION ment date. tempore (Mr. BYRD). REFORM ACT The ACTING PRESIDENT pro tem- The legislative clerk read the fol- The ACTING PRESIDENT pro tempore. The Senator from Massachusetts lowing letter: pore. Under the previous order, the is recognized.

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

S8641

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8642 CONGRESSIONAL RECORD — SENATE June 28, 2007 Mr. KENNEDY. Mr. President, I un- a number of instances, individuals, the in this country, and whether we believe derstand that at the hour of 10:30 we undocumented, have crossed the line in that our greatest days are yet to come. will be having the cloture vote on the terms of immigration, drawn here by Are we going to respond to the voices immigration legislation. Am I correct? the great economic magnet, the eco- of fear? And that is the issue. Are we The ACTING PRESIDENT pro tem- nomic magnet that is on this side of going to have a positive resolution, a pore. The vote may actually be at 10:50. the border that says: Look, we need constructive resolution, that is going Mr. KENNEDY. Fine. I yield myself 5 you over here to make the American to continue to be shaped as it goes to minutes. economy work. We want to pay you the House of Representatives, shaped Mr. President, this has been a long over here when you are unemployed there as well by different responsible journey to try and bring our broken over here. We will provide you the re- figures? It may have somewhat of a dif- immigration system and our broken sources so you can look after your fam- ferent view. Or are we going to say no, borders to the place where this Senate ily. People have been attracted to that no, we have listened to those voices of can take action. Today’s action is magnet. We have them here. fear who say: Absolutely not. We are going to be absolutely key to whether For those toward the end of this dis- going to take the status quo. Every we will be able to continue and finalize cussion and debate, as we have heard person who votes ‘‘no’’ is going to this legislation at the end of the week. on the floor, we know what they are know that this situation is going to get So today’s vote is a critical vote, key against. We do not know what they are worse and worse and worse. vote, perhaps the most important vote for. Time and time again they tell us: We are going to say that: Oh, yes, we have had here on this issue over the We do not like this provision; we do sure, we will do something down on the period of the last 3 years. not like that provision; we do not want border. But you are never going to Our Judiciary Committee has been that part of it. They ought to be able have the kind of workforce enforce- working on this legislation. Senator to explain to the American people what ment, you are never going to have the SPECTER has been a key part of this they are for. What are they going to do kind of absolutely essential identifica- whole effort. It has been a bipartisan with the 121⁄2 million who are undocu- tion system that any responsible immi- effort. Our quest has been a bipartisan mented here? Send them back? Send gration system is absolutely required effort here on the floor of the Senate. them back to countries around the to have. Those of us who are committed to world, more than $250 billion; buses This is a vital vote about the future this issue believe we have an important that would go from Los Angeles to New of our country or the past. That is responsibility to try to achieve some- York and back again? Try and find going to be the issue in question when thing. We believe the reason for us them? Develop a type of Gestapo here the time comes to vote. being here, whether it is from Massa- to seek out these people who are in the Mr. President, I reserve the remain- chusetts or Pennsylvania or from other shadows? That is their alternative? der of my time. The ACTING PRESIDENT pro tem- States, is to deal with the public’s That is their alternative? pore. The Senator from Pennsylvania. business, the Nation’s business. This is This country and this Senate is bet- Mr. SPECTER. Mr. President, I yield the Nation’s business. I think outside ter. We have a process that said: Look, myself 5 minutes. of the issue of the war in Iraq, this is okay, you are here and undocumented. The legislation now pending is the front and center for our country. You are going to have to pay a price. very best that can be done by very ex- People in my State are concerned We are going to take people who are in tensive work on the immigration prob- and affected by it, and they are in the line who have said they want to lems in the United States. other parts of the country as well. We play by the rules. They go and they Last year in the 109th Congress, the have 900,000 nonnative-born individuals wait, and you wait and you wait and Judiciary Committee, which I chaired, in my State of Massachusetts. Of those you wait. You pay and pay, and you produced a bill. This year we went to a 900,000, 200,000 are undocumented. We pay and you pay. You pay your fees, little different procedure and we have have more than 3,000—in the city of you pay your processing fees, your ad- structured a bill which is the best that Boston—more than 3,000 small busi- justment fees. You pay not only for can be done as of this moment. It may nesses directly responsible for 34,000 yourself but the other members of the yet be improved in the balance of the jobs, more than half a billion dollars in family. You demonstrate you are going amendments yet to be voted upon, if pay and sales taxes in my State by to learn English, you demonstrate you cloture is invoked on this vote this those who are born in other countries. worked here, that you are a good cit- morning, a 60-vote tally, obviously They represent probably less than 10 izen, that you have not had any run-in very difficult to get to. percent of the State’s population, and with crime, and then maybe you get on Had I written the bill, it would have 17 percent of the job market. The work- that pathway with a green card, and, been substantially different. I would ers in our State, 17 percent are non- perhaps, in 15, 18 years you will be able have agreed with Senator MENENDEZ native born, a demonstration that to raise your hand and be a citizen here that there ought to be more consider- those individuals who have come here in the United States. This is the issue. ation to families. I would have agreed to the United States want to work. Are we going to have a constructive with Senator DODD that we ought to They want to work. They also are men and positive resolution of this issue, or have more parents coming into this and women of faith. They are men and are we going to be naysayers, bumper country. I would have agreed with women who care about their families, sticker sloganeers who say: We are those who oppose the touchback, which by the fact that more than $48 billion against amnesty, or, we are against I think is punitive and formalistic and is returned every single year to the this bill? not related to anything, necessarily. countries in Central and South Amer- America deserves better. The issue is But this is an accommodation. The ica. too important. Now is the time, this is art of politics is to compromise and to They care about their families. They the place. The Senate is the forum accommodate. We have constantly said want to work. More likely than not, where we have to take this action. to the opponents: If you have some- they are all men and women of deep I am hopeful that America is watch- thing better, tell us what it is. faith and religious belief. That is re- ing this and will understand what is at Not only have the opponents not told flected in many of our communities in stake here. This is an issue and this is us what they have in mind for some- my State and in travels around the a vote of enormous importance. We thing better, but they have refused to country. You see that day in and day talk of votes here. Some are more im- come forward and offer any amend- out. portant than others. A few are of enor- ments and have used Senate procedure Also they want to be a part of the mous significance and consequence. A to stop others from offering amend- American dream. We have seen that re- few of them are going to have a defin- ments. So for hours I sat here as man- flected in the total numbers of individ- ing impact about what kind of society ager of the bill doing nothing. That is uals who have served in the Armed we are going to be in, how we are going why we have utilized the unusual pro- Forces of our country. Some 70,000 to treat each other, whether we have a cedure we have today. Some are com- have served in Iraq and Afghanistan, respect for our fellow human beings plaining that they have not had an op- and many have lost their lives. But in and our fellow individuals who are here portunity to offer amendments but,

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 28, 2007 CONGRESSIONAL RECORD — SENATE S8643 candidly, it is their own fault. When and so expresses himself or herself by ing who they are—the threat this pre- they had a chance to do so, they didn’t. voting for cloture so the bill can go for- sents to the security of every man, Beyond that, they stopped others from ward but then votes against the bill on woman, and child. offering amendments. the merits. Those who vote against clo- This bill is aimed to fix what is bro- We have the advocates for the immi- ture will be responsible for killing the ken in our system. I have had indi- grants. They have a very strong case. bill. They can then vote against the vidual Senators say to me: Well, if the What this bill started out to do was to bill so that they won’t be responsible bill was just this part, I would vote for deal with the 12 million people who are for passing the bill. Around here, we it; if the bill was just that part, I would so-called ‘‘living in the shadows’’ in like to avoid being responsible for one vote for it. The point is, this part or fear. This bill does deal with that issue. thing or another, but if we do not have that part won’t get 60 votes. Only a Those who say it doesn’t go far cloture on this bill, the bill is dead. If combination of parts to accomplish a enough have a point, but I think they we have cloture, then Senators are not broad fix of broken borders, broken lose sight of the core reason the bill is responsible for its passage when they identification, a totally broken system structured, as it is for the 12 million. It vote against it. will get enough votes. accommodates them in a realistic way I urge my colleagues to bear that in We are very close to the votes re- and puts them on the path to citizen- mind. We pride ourselves in the Senate quired. I don’t know what to say to ship. That has led many to cry ‘‘am- on being courageous. President Ken- Members who are not yet decided to nesty.’’ I don’t think it is amnesty for nedy’s book as a Senator was titled bring them on board. I agree with what the reasons that have been enumerated ‘‘Profiles in Courage.’’ We have one il- Senator KENNEDY and Senator SPECTER many times. But amnesty, like beauty, lustration of that in the senior Senator have said: If we miss this opportunity, is in the eye of the beholder. These 12 from Arizona, Mr. MCCAIN, who is on there is not likely to be another one in million are going to be here whether the front page of the Washington Post the next few years to fix the system. we legislate or not. So if it is amnesty, today with the reports about his coura- What will that mean? That will mean to do nothing is to have silent am- geous stand on immigration costing every year 700,000 to 800,000 more peo- nesty. They are going to stay here. To him votes, perhaps costing him the Re- ple will come across our borders do nothing is to perpetuate anarchy. publican nomination. No one knows for unobserved, unknown. They will dis- Those who have argued strenuously sure, but it isn’t helping him any. appear into the shadows. If there is pe- and cogently to have border protection It would be my hope that the Senate riod of ‘‘do nothing’’ for the next 10 and employer verification to eliminate would rise to the occasion and would years, that will be 7 to 8 million more the magnet and to reimpose the rule of not kill this bill because if it is done, it people illegally in the country. If we law are right. But they are not going to is finished for the year. Next year is a don’t fix our visa overstay system, get the core of what they want if no Presidential/congressional election. We which is in this bill—40 percent of the bill is passed. So we ought to come to are off to 2009 and beyond. Then it will illegal population are visas overstay; grips with the basic reality that the only be worse. many of them don’t go home—that will fundamentals on both sides have been I leave my colleagues with the essen- remain unfixed. If we don’t come up realized, not the periphery and not the tial point that a responsible position with fraud-proof identification cards, fringes, but the fundamentals. would be to let the bill go forward. employers will never really be able to We have had some votes which really There is another 60-vote margin com- know whom they employ and whether defy the tradition of the Senate. We ing on the issue of a budget point of that individual is a legal person. This had the Dorgan amendment early on order. Don’t be responsible for killing is an opportunity to fix all of that. where many voted against their pref- the bill by voting against cloture. Then The fixes may not be to everyone’s erences, their policy judgments, to kill you don’t have to be responsible for the liking, but they are positive. It is the the bill. They had a position as to what bill when voting no, and let the major- most positive immigration bill we have they thought was right. They had ex- ity rule but not call for a super- considered yet. pressed it. We knew what their policy majority on this very critical issue. Additionally, never before in the his- position was. They voted the other way I reserve the remainder of my time. tory of the country is more being done to kill the bill. Mr. KENNEDY. I yield 5 minutes to to fix our broken borders, to fix inte- Yesterday, on the Baucus amend- the Senator from California. rior enforcement, to fix employer sanc- ment, it was really extraordinary. I The PRESIDING OFFICER (Mr. tions. One thing is happening that has have been here a while. Twenty-three CASEY). The Senator from California. turned this bill by talk show hosts into Senators changed their votes. You can Mrs. FEINSTEIN. Mr. President, this something it is not, and that is for tell on the cards, there is a check one is really a very difficult time because those people who are opposed, this is way and a cross-off and a check the probably in the 14 years I have been an amnesty bill. I don’t know how we other way. Twenty-three Senators here, there is no more important bill could say more strongly that it is not. changed their votes. We talk about pro- than this one. There is no more dif- I don’t know how we could say more files in courage, this is a profile in cyn- ficult bill. There is no bill that calls strongly that what is out there now is icism. Votes were changed in order to upon the courage of every single Sen- a silent amnesty. People are here 15, 20, defeat the bill, not because they ex- ator more than this bill. I know what 25 years. They are working, owning pressed the preferences of the Senators. has been happening out there. I know property. They now have a state of am- There were colleagues who said how the calls that have been made. I know nesty. This bill reconciles that. This they would vote, and then they didn’t some of the threats that have been bill changes that. This bill prevents it vote the way they said they were going made. Yet we have a chance in this bill from happening in the future. It is hard to. I am not going to call them com- to do the right thing. for me to understand why that doesn’t mitments which were breached, but Many people don’t understand the measure big-time with many of our col- that term might be used. It is a little bill. They don’t understand the large leagues. Apparently, it does not. strong to say that a Senator broke his amount of the bill that is dedicated to I can only come to the floor to plead: word and breached a commitment. Let enforcing our borders. They don’t un- Let us finish this bill. If you are con- me simply say that some said how they derstand the money that the fees and cerned about enforcement, Senator would vote and then didn’t. That is an fines put into the process to be able to GRAHAM’s amendment coming down the unusual occurrence in the Senate. do what we need to do with respect to pike next has many very interesting It has been a common practice for immigration. They don’t understand improvements. Give him a chance to Senators to vote in favor of cloture and the reforms that are made in employ- offer that amendment, then vote no. then to vote against the bill. That ex- ment verification. They also don’t un- But I think to cut this bill off now is a presses a middle ground that the Sen- derstand the threat to our national se- huge mistake. We are so close. There ator doesn’t think there ought to have curity—that having so many people in are still a series of amendments to be to be a supermajority that is, 60 this country and not knowing who they passed. Please, give them an oppor- votes—to carry the bill. But the Sen- are, having more people coming into tunity postcloture. Please vote for clo- ator doesn’t want to vote for the bill this country every day and not know- ture.

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8644 CONGRESSIONAL RECORD — SENATE June 28, 2007 I yield the floor. is pretty clear, when we come down to The PRESIDING OFFICER. The Sen- Mr. SPECTER. Mr. President, I yield this cloture vote, that is going to be ator from Alabama. 5 minutes to the distinguished Senator very close, that 40 Senators might be Mr. SESSIONS. Mr. President, I will from Arizona. able to stop the Senate dead in its be pleased to yield 2 minutes to the The PRESIDING OFFICER. The Sen- tracks here, thwarting the will of the Senator from North Carolina, Mrs. ator from Arizona. majority. Those 40 Senators would be DOLE. Mr. KYL. Mr. President, in my last people on one side who want it all their The PRESIDING OFFICER. The Sen- election my constituents sent me a way and on the other side who want it ator from North Carolina. couple of clear messages, one of which all their way, thwarting the will of the Mrs. DOLE. Mr. President, first of was do something about illegal immi- majority, which recognizes that nei- all, I thank Senator SESSIONS, Senator gration. In my State, we have a major- ther side can have it all their way but DEMINT, and Senator VITTER for their ity of people who are entering the that doing nothing is not acceptable. hard work on this matter, and other country illegally coming across the That will be the result if cloture is not Senators as well. border from Mexico, creating huge en- invoked. Certainly, there is one area in which vironmental problems, law enforce- The final point I would like to make we have much agreement; that is, se- ment problems, people victimized on is there are several amendments we curing our borders. Clearly, the Amer- both sides, costs to the State, lawless- should be voting on to improve this ican people do not have any confidence ness literally on street corners. The legislation. Only by moving forward at all in the promises this will be done people of my State are saying: What is with the cloture vote will we be able to when there is track record of total fail- happening to our country when we vote on those amendments. One of ure. In 1986, there were 3 million illegal can’t enforce the laws at the border? those is an important amendment, a aliens, and today, of course, there are Are we not a sovereign country? They very large amendment, which was put 12 million or more. The Government have a point. together by Senator GRAHAM and my- does not seem to know how many. We understand politically that in self and Senator MARTINEZ and several I have an op-ed piece from the Char- order for us to enforce the law, we have others which really tries to fill in all of lotte Observer. Just quoting from 1986: to have an enforceable law. As a result, the gaps in enforcement, some of which This bill will help us provide the imme- this bill we have put together for the have been pointed out to us by our con- diate relief on the border that we need. first time creates a strong bipartisan stituents, by critics of the bill, by folks In my view, it is a good bill. We should consensus for all of the things that are on the talk shows, by people who op- all support it, be glad that this long needed to control our border. But it pose the bill. We have taken a lot of controversy has finally been put to does more in two key ways. The reason those suggestions—many of them are rest. these other two things are important is great ideas—and put them into this en- Well, CHUCK GRASSLEY made it very because a lot of my constituents have forcement amendment. It will, for ex- clear in strong points that he was said: Why should we believe that a new ample, make it very difficult for a visa wrong in the 1986 vote, that this did law is going to be enforced when the overstayer to be able to be here ille- not provide the security at the border existing law isn’t enforced? That is a gally in the future. We are going to we have been promised again today. very good question. Presidents, both know when they overstay their visa. In 2006, we had the Secure Fence Act, this administration and the previous We are going to detain them until they 700 miles of fencing to be built. Only 2 administration, and Congresses have can be removed from the country. That miles have been built. not done an adequate job of enforcing is just one example. So in order to be So my view, my strong view, is it is the law. But it is also true that we able to vote on those strong and not just promises, it is proof people have two laws that are not very en- strengthening amendments, we have to want. The American people want to see forceable. We know that 40 percent of invoke cloture, we have to be able to results, control of our borders. We need the people who are here illegally have proceed. to establish standards or metrics and overstayed visas. They didn’t cross the There are still two more opportuni- then show they have been achieved— border illegally. It is very hard to en- ties for those who want to express their for example, having a significant de- force the visa overstay laws because opposition to the bill to do so. There crease in the number of illegal aliens they are not adequate. We don’t have will be a budget point of order, and who cross our border, having a signifi- adequate resources, either. there will be the vote on final passage. cant decrease in those who overstay Secondly, the employee verification But surely our colleagues would, I their visas, a high rate of deporting hope, respect the will of the majority, system in place today is a joke. Every- those where courts have said a person which is to keep moving to make this one knows that. One can use counter- needs to be removed from this country bill as good as we possibly can, and feit driver’s licenses and Social Secu- and deal with contentious provisions at then everybody has the ability to vote rity cards, and we all know there are a later date. But these are the key however they want to at the end of the millions of people working here ille- issues people are concerned about. day. I hope my colleagues will agree gally though they presented documents The first order of business must be that doing nothing is not an option and to an employer. The 1986 bill wrote a that we ensure that the mess we are that we can continue to move the bill very bad provision for employment faced with now never, ever occurs forward by supporting cloture. verification. It doesn’t work. The PRESIDING OFFICER. The Sen- again. We should be laser-focused on So for those who say, ‘‘Well, let’s en- ator from Pennsylvania. our resources, our energy, and ensuring force the law, and then there will be Mr. SPECTER. Mr. President, we our borders are secure. the attrition of illegal immigrants and have 5 allotted minutes for Senator My staff and I have been meeting we will get back to a good situation,’’ SESSIONS, and I see he is on the floor. with sheriffs across our State. Section the answer is, of course, if you do not I ask the Senator, would you like to 287(g), which is law now, provides that have a good law to enforce, you cannot take that time now, Senator SESSIONS? these local officials can be deputized to work that strategy. The law has to be Mr. SESSIONS. Mr. President, I un- enhance the ICE agents. This is very changed. It is very clear that in order derstood it was 10 minutes. important. to change the law so it can be enforce- Mr. SPECTER. Mr. President, I say The PRESIDING OFFICER. The Sen- able—both with respect to visa over- to the Senator, you have 5 minutes ator’s time has expired. stayers and at places of employment— from each side. You have 5 from me Mrs. DOLE. I thank the Chair. we are going to have to have a group of and 5 from Senator KENNEDY. The PRESIDING OFFICER. The Sen- people get together, Democrats and Re- I say to the Senator, I was going to ator from Alabama. publicans, willing to support some yield you 5 minutes now. Mr. SESSIONS. Mr. President, I things that each other wants in order Mr. SESSIONS. Mr. President, I thank Senator DOLE and yield 2 min- to pass such a law. That is the genesis would be pleased to use 5 minutes now. utes to the Senator from Tennessee, of the bill that is before us. I believe some of the other Members I Mr. CORKER. I hope my colleagues will recognize wanted to share time with are avail- The PRESIDING OFFICER. The Sen- that doing nothing is not acceptable. It able and can speak. ator from Tennessee.

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 28, 2007 CONGRESSIONAL RECORD — SENATE S8645 Mr. CORKER. Mr. President, I thank ican people and their Government. The would know the difference between the Senator from Alabama for yielding issue now transcends anything related somebody who is illegal and legal? me time. to immigration. It is a crisis of con- Enforce the current law. To my I just wish to say I appreciate the ef- fidence between what the American friends who call me endlessly and say, forts of all involved in what has hap- people believe our Government is and ‘‘Just enforce the current law, pened over the last month. I really do. should be, what it is to them now, and LINDSEY,’’ well, here is LINDSEY’s re- I have voted three times against clo- what they perceive it to be. sponse: I have looked at it. It is unen- ture and will vote for a fourth time This vote today is really not about forceable. You can get a job in America today against cloture. But at the same immigration. It is about whether we based on a driver’s license and a Social time, I really have tried to play a con- are going to listen to the American Security card being presented. What structive role in voting on each amend- people and realize we need to proceed did all the hijackers on 9/11 have in ment based on the merits of that more carefully, in a more sensitive common? They all had fake ID cards. amendment. manner, and appear to be listening to They all had fake driver’s licenses. I This bill is about a lot of things. Cer- the concerns of the American people. can get you a Social Security card. To tainly, people have put a lot of effort The allocation of time, as we ap- my good friend from South Carolina, into it—based on compassion, based on proach this vote, is very symbolic of JIM DEMINT, we can go to the Jockey trying to solve a problem. It also, no where we stand. The supporters of this Lot in Anderson, and I can get both of doubt, has some more sinister compo- bill, out of an hour’s time, have allo- us a Social Security card by midnight nents. I hate to say it: cheap labor, cated 10 minutes to the opinion of the with whatever name you want, what- party politics, who is going to gain the American people. I think we should lis- ever number you want. Until we address that problem, we majority. So there are a lot of different ten to the American people. I hope all are never going to solve illegal immi- things at play here. I think we all un- of my colleagues will decide not to gration because it is about jobs. Cur- derstand that. But I really do appre- move ahead with this bill and vote rent law is a failure. The public should ciate the efforts of all involved. against cloture today. be cynical. Are we helping them when Today, this is going to get down to The PRESIDING OFFICER. The Sen- we fail? We are at 20 percent approval, four or five Senators. I encourage them ator’s time has expired. to vote against cloture, for this reason: and we deserve it. We do not deserve Mr. DEMINT. I thank the Chair. I think this bill is not good for Amer- Mr. SESSIONS. Mr. President, I re- our pay raise. But who are the 20 percent? What do you like about this Con- ica because I believe America has lost serve my 5 minutes remaining. faith in our Government’s ability to do The PRESIDING OFFICER. The Sen- gress? I cannot believe there are 20 per- the things it says it will do. We have ator from South Carolina. cent of the American people who like had intelligence gaffs. We have had Mr. GRAHAM. Mr. President, I ask what we are doing up here because we are doing nothing but talking about evolving reasons as to why we are in- Senator SPECTER, may I be recognized? volved in military conflicts. We have The PRESIDING OFFICER. The Sen- what we will not do, and we are playing seen what has happened at the local, ator from Pennsylvania. a game that the American people do State, and Federal level on things such Who yields time? not understand, like the other side as Katrina. We have ministers who Mr. SPECTER. Mr. President, I yield does not exist. You are never going to deal with this want to go on mission trips today but 5 minutes to the distinguished Senator issue until you embrace the 12 million. who cannot get passports renewed. from South Carolina. No Democrat is going to let you build This is about competence. It is about The PRESIDING OFFICER. The Sen- a fence and do all the things we want credibility. I think Americans feel they ator from South Carolina. to do without addressing the 12 mil- are losing their country. They are not Mr. GRAHAM. I thank the Chair. losing it to people who speak dif- lion. That is never going to happen. To my colleagues who have partici- I want to address the 12 million. The ferently or talk differently or are from pated in this debate, I think it has been different backgrounds; they are losing reason I want to address the 12 million, a once-in-a-lifetime experience, I hope it bothers me there are 12 million peo- it to a government that has seemed to for all of us, because if we did this not have the competence or the ability ple here that we do not know who they every week, the Senate would fall are and what they are up to. I wish to carry out what it says it will do. apart because this is tough politics, I believe this bill is going to fail. they would go away, but they are not. there is no question about it. What I would urge people to do is not It is a problem America has to deal I do not pretend to know that I am what they have said today—and that is, with, and we want someone else to do on the wrong side or the right side of to let it pass—but to move, meaning to it because we are afraid if we do a plea the American people. I can tell you pass into another time, but approach- bargain it is amnesty. We are afraid what polls say—that once you tell peo- ing it on a more modest basis, where that the people who don’t want to deal ple what is in this bill, about border we do the things we say we will do and with the 12 million will come and take enforcement, employer verification, build a foundation that will cause the our jobs away. This is about our jobs. merit-based immigration, the tem- American people to actually have faith Well, this is bigger than my job. The porary worker program, it is 2 to 1 in in this Government. 12 million will be dealt with. They are about every poll I have seen. I guess The PRESIDING OFFICER (Mr. not going to be ignored. They will be you can get the poll to respond to the OBAMA). The Senator’s time has ex- dealt with firmly and fairly eventually. way you ask the question. pired. They are not going to be deported. Mr. CORKER. I thank the Chair. What I am trying to do is provide a They are not going to jail. They can’t The PRESIDING OFFICER. The Sen- solution to a problem that affects the be wished away. So we need to come to- ator from Alabama. American people. Here is the formula gether in a bipartisan manner and have Mr. SESSIONS. Mr. President, I for this problem to be solved: biparti- principled compromise where we deal thank the Senator from Tennessee and sanship. with the 12 million, we deal with bro- would recognize the Senator from To my friends on this side, if you ken borders, we get a temporary work- South Carolina, thanking him for his think you can ignore Democrats, good er program. leadership. As the Senator from Penn- luck. They exist. There are a bunch of To my Republican friends, remember sylvania, Mr. SPECTER, said, this has them over there. Yes, raise your hand this day if you vote no. You will never, been a tough battle. I thank Senator if you are a Democrat. Why don’t you ever have this deal again. There will DEMINT for his courage. I yield him 1 all leave? Well, they are not going never be a merit-based immigration minute, I believe. away. Now, there are a bunch of us system such as we have negotiated be- The PRESIDING OFFICER. The Sen- over here. Good luck ignoring us. cause President Bush has helped us. To ator from South Carolina. I would like to secure the border. my friends on this side who say Presi- Mr. DEMINT. Mr. President, I thank How many Democrats would? Every- dent Bush would sign anything, you the Senator for his leadership. body raises their hand, right? Wouldn’t don’t understand what is going on here. Mr. President, this immigration bill you like to have an employer President Bush has given us as Repub- has become a war between the Amer- verification system where an employer licans things we will never get without

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8646 CONGRESSIONAL RECORD — SENATE June 28, 2007 him being President. We have lost the proud? How do we do that? Well, we our own Congressional Budget Office majority, but we have a good deal be- have done our best. We have put for- has answered that question. They have cause we have hung together. A tem- ward a proposal that says the porous said if this bill becomes law, we will porary worker program and a merit- borders we have in America are not see only a 13-percent reduction in ille- based immigration system is a good good for America. The national secu- gal immigration into America, and in deal for this country. If we say no rity of the United States of America the next 20 years we will have another today, good luck of ever getting it demands—demands—that we move for- 8.7 million illegals in our country. How again. ward and secure those borders. So we can that be reformed? I submit this The 12 million stay here on our have done it in this legislation, and we would be a disaster. terms. They have to learn English. have included the funding to be able to The American people, I do not be- They have to pay fines. They can’t be secure those borders. lieve, desire to double illegal immigra- citizens unless they go back and start Second of all, for more than the last tion. That is what this bill—legal im- over. This is as good as it is going to 20, 25 years, what has happened is that migration. That is what this bill does. get. the United States of America has Mr. President, I ask that I be notified Now, if we lived in a perfect world looked the other way as our immigra- after I have spoken for 2 minutes. where the Republicans could write this tion laws have been broken time after The PRESIDING OFFICER. The Sen- bill, it would be different, and I can as- time. So for the first time, what we ator will be notified. sure you, my Democratic friends would have done with this legislation is we Mr. SESSIONS. The bill is promoted have written a different bill. All I can have said we are going to enforce the as providing security, but the Border tell you is, the American people have a laws. We are going to have tough em- Patrol Association, the former Border low opinion of us because we can’t ployer sanctions against employers Patrol Officers Association, two former seem to do the things we need to do—— who hire those who are unauthorized to chairmen, chiefs of Border Patrol of The PRESIDING OFFICER. The Sen- work in our country. We are even going the United States, former Assistant ator’s time has expired. to criminalize their conduct. So we will Attorney General in charge of immi- Mr. GRAHAM. Because we are too enforce the laws of our Nation. gration and security say it will not worried about us and not them. Thirdly, we take the 12 million un- work, and they are scathing in their The PRESIDING OFFICER. The Sen- documented workers who are here in criticism and steadfastly reject this ator from Massachusetts is recognized. America, and we say: You are going to bill. I believe it will further diminish, Mr. KENNEDY. Mr. President, I un- pay a fine. You are going to be pun- therefore, the rule of law. derstand we have 111⁄2 minutes; is that ished. You are going to learn English. The procedure used to get us to this correct? You are going to have to go to the back point is unprecedented in the history of The PRESIDING OFFICER. The Sen- of the line, and then after some time the Senate. It allows the leadership to ator is correct. on the average of 11, 12 years, between approve every single amendment that Mr. KENNEDY. I yield 4 minutes to 8 and 13 years, if you do all the things gets voted on and gives us only 10 min- the Senator from Colorado and the re- we require of you, including paying utes in opposition this morning, while maining time between the Senator these very high fines and paying all of the masters of the universe get over 40 from Illinois and myself. the processing fees required, then at minutes, 50 minutes to promote their The PRESIDING OFFICER. The Sen- that point in time, you will have an op- side. It is typical of the way this de- ator from Colorado is recognized. portunity to become a citizen if you so bate has gone, and it will breed more Mr. SALAZAR. Mr. President, I come choose. cynicism by the public. to the floor this morning to urge my To me, that is a commonsense solu- I have just seen a notice this morn- colleagues to vote yes on cloture as we tion to the national security issue ing from the Sergeant at Arms to tell bring this debate to a very pivotal which is at stake in this debate. It also us that the telephone systems here point. is a commonsense solution for a nation have shut down because of the mass As I come to the floor this morning, that prides itself in enforcing our laws. phone calls Congress is receiving. A de- I am reminded of the millions of phone We are not like other countries around cent respect for the views of the Amer- calls and letters that everybody has re- the world that don’t enforce our laws, ican people says let’s stop here now. ceived in this Chamber. Many of those but we will be. Let’s go back to the drawing board and phone calls and those letters, those So I say this to my colleagues on the come up with a bill that will work. demonstrations have been filled with other side: I respect you. I respect you The PRESIDING OFFICER. The Sen- hate and with venom. They have been for what you do here and for how you ator has used 2 minutes. He has 3 min- filled with hate and with venom. bring a civil debate to the issues that utes remaining. We are the United States of America we deal with every day. But at the end Mr. SESSIONS. I thank the Chair. I because we are able to bring our Gov- of the day, if we don’t get this done yield 2 minutes to the Senator from ernment together to function on behalf today with this cloture vote, it is going Louisiana who has been effective and of the people of this country. So for all to mean the national security of the courageous in his advocacy on this of those who have sent arrows in the United States of America will continue issue. direction of the profiles in courage who to be compromised into the future for Mr. VITTER. Mr. President, if the have been working on this issue for the who knows how long. It will mean we Chair could inform me when I have last 2 years, I say to them: Remember will continue to be a nation that does used 2 minutes. the prayer of Cesar Chaves of the not enforce our laws on immigration Mr. President, we all stand here on United Farm Workers in which he said: within this country, and it will mean the floor of the Senate and regularly Help us love even those who hate us. we will have failed to develop a real- acknowledge and even praise the com- Help us love even those who hate us so istic and honest solution to the 12 mil- mon sense and the wisdom of the that we can change the world—so that lion undocumented workers who labor American people. Well, this vote this we can change the world. in America every day. morning for each of us is about wheth- Much of the venom we have seen So I urge my colleagues to vote er you really believe that or whether it around this issue has to do with the ‘‘yes’’ on this cloture motion that we is just a cheap political line to use. fact that people are afraid. People are have coming up. The American people get it, and they afraid. I ask my colleagues to join us in I yield the floor. do have common sense and wisdom on looking forward and not being afraid Mr. SESSIONS. Mr. President, I be- this issue. They know repeating the because what makes people afraid lieve there is 5 minutes on this side. fundamental mistakes of the 1986 bill, today is that we have a system of The PRESIDING OFFICER. The Sen- joining a big amnesty with inadequate chaos, a system of broken borders, a ator from Alabama is recognized. enforcement, will cause the problem to system of victimization. Mr. SESSIONS. Mr. President, I grow and not diminish. They know So how do we move forward to create know good people have worked on this promising enforcement after 30 years of a system of law and order of which we bill, and they are promoting it as a broken promises isn’t good enough. in the United States of America can be good step forward on immigration. But They know the so-called trigger is a

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 28, 2007 CONGRESSIONAL RECORD — SENATE S8647 joke because if the trigger is never versity has made America what it is compromise in the greatest tradition of pulled, the Z visas, the amnesty hap- today. We have sustained this great America. pens forever. They know groups like Nation because we are different and be- The PRESIDING OFFICER. The Sen- the Congressional Budget Office have cause we are accepting and because the ator from Massachusetts is recognized. estimated that this bill, so big on en- people who struggle to come to these Mr. KENNEDY. Mr. President, I ask forcement, will only decrease illegal shores—my mother and her family, the to be notified when I have 30 seconds immigration 13 percent and will have families of all of us—brought with remaining. another 8.7 million illegal aliens com- them a special quality: a determina- We are called today by the ancients, ing into the country. They know that. tion for a better life and a willingness the Founders of this Republic. Are we They do have wisdom and common to take a risk to come to America. going to form a more perfect union? It sense. They brought a willingness to take the was in this Chamber a number of years The question is: Do we or do we de- hardest, toughest jobs to prove the ago that we knocked down the great cide that Washington knows best? This American dream and hope that their walls of discrimination on the basis of isn’t just a vote about immigration. children will have better. Multiply that race, that we knocked down the walls This is a vote about whether this body by millions and you have the story of of discrimination on the basis of reli- is out of touch, whether this body is ar- this great Nation. gion. We knocked them down regarding rogant, or whether it will respect the Throughout our history, we have al- national origin, we knocked them down true wisdom and common sense of the ways debated how many more we can with regard to gender, we knocked American people. take. That debate comes to a head this them down with regard to disability. I yield the floor. morning in just a few minutes. We will Here in this Senate we were part of the The PRESIDING OFFICER. The Sen- have a chance on the Senate floor to march for progress. ator from Alabama has 1 minute re- decide whether we step forward. Today, we are called on again in that maining. I have heard the voices against this exact same way. This issue is of the Mr. SESSIONS. I yield to the Sen- saying: Not this bill. We can surely do historical and momentous importance ator from South Carolina, Mr. DEMINT. better. We have worked hard on this that those judgments and those deci- The PRESIDING OFFICER. The Sen- bill. We have made compromises. There sions were. When the Senate was called ator from South Carolina is recognized. are parts of it which I detest and parts upon, it brought out its best instincts, Mr. DEMINT. Mr. President, one of which I embrace, and that is the nature values, and its best traditions. We saw the most encouraging parts about this of compromise and cooperation. I this Nation move forward. Who among debate—there is a silver lining—is it thank all of those who have crafted it us would retreat on any of those com- has reengaged the American people and and put it together. mitments? Who among us would say no shown us that we are truly a govern- But I want to tell my colleagues to that great march for progress that ment of the people. They have spoken what is at stake is very basic and fun- we had in this Nation? and they have spoken loudly. Our damental as to who we are as a nation. The question is: Is it alive? Is it con- phones have been ringing off the hooks. Outside this Chamber, outside this continuing? Is it ongoing? Those who vote We have received e-mails and letters. gressional debate, you have heard the ‘‘aye’’ say it is ongoing, that we are People are trying to get in touch with voices. Some of them are dark and continuing that march toward us. Even now, they are calling in such ugly. They are not the voices of Amer- progress. numbers that it has crashed the tele- ica, a hopeful nation that understands Year after year, we have had broken phone system in the Senate. we can be a nation of laws, and with di- borders. Year after year, we have the My question to the Senate today is: versity we can grow in this world in exploitation of workers. Year after What part of ‘‘no’’ don’t we under- the 21st century. No, these are voices year, we see people who live in fear stand? We need to vote no against clo- of exclusion, people who want to keep within our own borders of the United ture and stop this process that is alien- those people out, people who want States of America. This is the oppor- ating the American people from what those people to go away. That is not tunity to change it. Now is the time. we do, and then enforce the laws that America. That isn’t what we are about Now is the time to secure our borders. are on the books and prove we are a na- as a nation. That isn’t what distin- Now is the time to deal with the nation of laws and that we will enforce guished us in the world. What distin- tional security issue. Now is the time the laws that have been passed by this guished us is we can stand up—Black, to resume our commitment to family Congress. White, and brown, from all across this values, to people who want to work I thank the Chair, and I yield the world—and make a nation. We have hard, men and women of faith, people floor. done it for over 200 years. We can do it who care about this country and want The PRESIDING OFFICER. The Sen- again. Those who argue this diversity to be part of the American dream, who ator has 10 seconds remaining. will destroy us don’t understand the have seen their sons and daughters, in Mr. SESSIONS. Mr. President, I wish core values of this country. many instances, fight and lose their we had been given more than 10 min- I beg my colleagues this morning, lives in Iraq and Afghanistan. That is utes, while the other side has been even if you disagree with this bill, the challenge. given 40 or 50. I thank the Chair and don’t end this debate. Give us a chance Now is the time. This is the place. yield the floor. to continue this debate and bring this This bill is strong. It is fair and prac- The PRESIDING OFFICER. The Sen- to a conclusion and a vote. Give us this tical. Today, my friends, we have the ator from Massachusetts. procedural vote that is coming up so choice: Are we going to vote for our Mr. KENNEDY. I understand we have we can continue this debate. If at the hopes, or are we going to vote for our 71⁄2 minutes. end of the day we step back and say we fears? Are we going to vote for our fu- The PRESIDING OFFICER. The Sen- are surrendering to these negative ture, or are we going to vote for our ator is correct. voices across America, the Senate past? Mr. KENNEDY. I yield 31⁄2 minutes to can’t rise to the occasion with an im- This is the place. Now is the time. the Senator from Illinois. portant bill, it won’t speak well of the This is the vote. Vote ‘‘aye’’ for Amer- The PRESIDING OFFICER. The Sen- Senate. There are those of us entrusted ica’s future. ator from Illinois is recognized. with the responsibility to serve in this The PRESIDING OFFICER. The Sen- Mr. DURBIN. Mr. President, in our place. ator from Pennsylvania is recognized. Nation’s history, this Nation of immi- Let us say to people across America Mr. SPECTER. Mr. President, let me grants, we have always struggled with that we are going to have strong bor- first compliment the distinguished this issue. As soon as people arrive on ders, we are going to enforce the law in Senator from Massachusetts. this shore, there is a question about the workplace, we are going to have I yield 2 minutes to the Senator from how many more can we take? What rules that say to those who are here il- Florida. does it mean for our Nation if more legally you can only stay if you meet Mr. MARTINEZ. Mr. President, I people come from strange lands who the strictest requirements. I think that have been involved deeply in this de- don’t speak our language? Yet this di- is a reasonable standard, a reasonable bate that we have had over a couple of

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8648 CONGRESSIONAL RECORD — SENATE June 28, 2007 years. It comes to a close in the next migrants come to America not to from Pennsylvania made the point. It day or so in the Senate. We have an op- change this country but to be changed is a sad commentary in America today portunity to move forward, to move by this country. That was my experi- that many Americans have lost faith in the debate on, and to have an oppor- ence. I think it is the experience that their Government. The only group that tunity for the House of Representatives has been repeated to the over 200-year has poll numbers less than the Presi- to then add their measure of influence history of this Nation as immigrants dent these days is the Congress. Ameri- upon what this bill should be about. We have come to these shores, and Amer- cans don’t believe their Government is should not simply say the bill isn’t ica has had the magic that it performs representing them and acting on their good enough so we are going to do on those of us who come here to be- behalf. The polls show it. nothing. come Americans to then make a con- On one of the most critical issues of For those who find criticism with the tribution, as I hope I am making today our day, we will not restore that con- bill, it is much easier to tear down by serving in the Senate. fidence if we fail to act again. The only than it is to build. We have crafted a The fact is, this is a divisive issue, way we can restore that confidence is bill over months of discussions and ne- but I believe it will bind and heal our by acting. Skepticism is not a reason gotiations, which does a tremendous country if we deal with it. Unfortu- for inaction. For those who say, well, amount to end the illegality, secure nately, to do nothing will continue this let’s enforce our laws, I remind them the border, to ensure that we have the festering debate in our country that is that some of our laws are unenforce- mechanisms to enforce an employment so divisive and, at times, so ugly. Our able. My conservative friends are the verification system so we don’t have country is better than that. I think our first to point out that the 1986 law is any more illegal workers. We do a country has the resourcefulness and not an effective law. It is unenforce- measure of justice to those who have the strength of culture to ensure that able. Until we change it, we are not been here and worked and made this we not fear they want to change Amer- going to be able to enforce the law. country their home for, in many in- ica, but that we change them to be the That is why it is time for us to return stances, two decades. Americans that we hope all of us are to the rule of law in America. By re- The fact is, for those who simply say and can be. turning to the rule of law, we can re- do nothing, they have a measure of re- I thank the Senator for the addi- store that confidence that is so critical sponsibility to what comes next. What tional time. This is something in which for the American people to have in comes next is a continuation of the il- I have invested my heart and soul be- their Government. legal system. To say simply ‘‘enforce cause I believe it to be so right for our The PRESIDING OFFICER. The Sen- the law,’’ well, the current laws aren’t country. This isn’t about the 12 million ator from Pennsylvania is recognized. good enough to be enforced. They do immigrants. This is about what that Mr. SPECTER. Mr. President, how not have the enforcement mechanisms will do to ensure that America con- much time remains? necessary to ensure that we do have tinues to be the place it has been for The PRESIDING OFFICER. The Sen- workplace enforcement, which at the more than 200 years, as a beacon of lib- ator has 9 minutes. end of the day is the most important erty, the ‘‘shining city on a hill’’ that Mr. SPECTER. Mr. President, we measure we can have. President Ronald Reagan spoke of. We have heard from the objectors what the A lot has been said about the cost to have to continue that tradition and American people think. I am not sure our society of illegal immigrants being welcome more people into that tradi- they have standing to represent the legalized. The CBO, which we trust on tion by allowing them to be legal citi- American people. We heard the junior these issues, has said—this is the non- zens, legalize their status, while we Senator from South Carolina speak as partisan congressional budget office— make it clear that the game is up, and to his interpretation of what the Amer- they find that the new Federal revenue from now on immigration into America ican people think. But we heard the from taxes, penalties, and fees under will only be legal and not illegal, as it senior Senator from South Carolina this bipartisan immigration bill will has been for more than two decades. stand in firm support of this legisla- more than offset the cost of setting up Mr. SPECTER. Mr. President, I com- tion—the Senator representing South the new immigration system and the pliment the Senator from Florida for Carolina, as well as the other Senator cost of any Federal benefit temporary his statements. Had we more time, all from South Carolina. workers, Z visa holders, and future of us could tell our own stories. Mine We know as a matter of practice that legal immigrants under the bill would involves two immigrant parents. My the callers and the e-mailers are char- receive. father came here at 18, in 1911, and con- acteristically naysayers. You hear a I thank the Senator for yielding me tributed to this country. My mother lot more from people who object than some time. I simply say that it has came with her family at the age of 6, in you do from people who are in favor. been a pleasure to work with those who 1906, and contributed to this country. I We know that the majority of America have committed themselves to do thank the Senator from Florida, Sen- is the silent majority. From my own something about the problem, and not ator MARTINEZ, who has a special story soundings, what I hear on the train simply say what is imperfect about the to tell because he himself is an immi- when I come back and forth from Penn- solution but to find a solution to this grant and is a great testament to what sylvania, what I hear in the res- difficult problem. we are trying to accomplish with this taurants, on the streets, and in the fit- Mr. SPECTER. Mr. President, the bill. ness club is to proceed, try to find a Senator from Florida has such a back- I yield 3 minutes to the Senator from way to improve a very serious situa- ground, being an immigrant himself, Arizona, who has made such a unique tion in immigration. and I think our cause would be well contribution to this bill, coming from a No one of us is able to speak for the served if he took another 3 minutes. border State and facing irate calls, not American people. We hear different Mr. MARTINEZ. I thank the Senator. that they are necessarily representa- voices at different times. I know one Let me touch on that issue. As an im- tive of all of Arizona. He said he thing with relative certainty, and that migrant to America, I understand what learned some new words. is you cannot tell what the American it means to live the American dream. I The PRESIDING OFFICER. The Sen- people think simply by those who ob- had the opportunity to come to this ator from Pennsylvania doesn’t have 3 ject and those who call. We do not run country as a 15-year-old child, not minutes. He has 30 seconds. The Sen- America in a representative democ- speaking the language or under- ator from Massachusetts has 11⁄2 min- racy, in a republic, by public opinion standing this culture; yet the embrace utes remaining. polls. If we did, we would take the pub- that America gives those of us who are Mr. KENNEDY. I yield that time to lic opinion poll and we could dispense fortunate enough to come to these the Senator. with all of the fat salaries that Mem- shores and make America our home Mr. SPECTER. I have 10 minutes 30 bers of Congress get. We could dispense made me an American. seconds because I have been allotted with paying 535 people and take a pub- Many out there today fear that im- the leader time. I yield him 3 minutes. lic opinion poll and sign it into law. migrants don’t want to assimilate. The Mr. KYL. Mr. President, I can say I think the most erudite statement fact is—and I have said this before—im- this in about 90 seconds. The Senator on this particular issue was uttered by

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 28, 2007 CONGRESSIONAL RECORD — SENATE S8649 a distinguished British philosopher pol- think it ought to be held to a 60-vote afraid of being arrested and deported. itician, named Edmund Burke, in a supermajority. This bill will allow him to come out of speech to the electorate of Bristol on If we do not invoke cloture, this bill the shadows. November 3, 1774, when he made this is dead. A vote against cloture is a vote The same day, yesterday, I received famous statement: to kill the bill. A Senator may vote for my mail from Searchlight. Somebody Your representative owes you, not his in- cloture and then express himself in op- sends me my mail that comes ad- dustry only, but his judgment; and he be- position to the bill by voting against dressed to me in Searchlight. A letter trays, instead of serving you, if he sacrifices the bill. was addressed to me and said, among it to your opinion. For those who did not hear an earlier other things: You probably should go Now, that is not to say in a rep- statement I made, I repeat, we had the under the witness protection program resentative democracy we ought to not unusual situation on the Dorgan because of your work on this immigra- consider the opinions of our constitu- amendment where Senators did not tion issue. ents, but I think Edmund Burke was vote their judgment on public policy That is from Searchlight, NV. This right more than 200 years ago when he but voted against their own judgment doesn’t take into consideration the let- talked about our duty in owing our to kill the legislation. ters and the calls my offices in Reno, constituents our best judgment. We have a tally sheet, those of us Las Vegas, and here in Washington get What is our best judgment and how who work in the Senate, showing how filled with hate. I have, of course, have we come to it? We have been Senators voted. And on the Baucus turned the letter that I got from working on immigration a long time, amendment yesterday, we had the ex- Searchlight over to the Capitol Police. and we saw the failures of the 1986 leg- traordinary situation of 23 vote This situation is a problem not just islation. Because the 1986 legislation changes. You can tell the vote change in the border States and big cities, it is failed doesn’t mean we cannot correct because there is a mark on one side, it a problem all over America. the problem. Things are very different is crossed off, and the mark then ap- We are said to be the greatest delib- today than they were in 1986. For one pears on the other side. erative body in the world. Shouldn’t we thing, we now have a foolproof method I suggest to my colleagues that we do something positive regarding an of determining whether an individual is had more cynical maneuvering on the issue that affects everybody in Amer- legal or illegal. So now we can hold Baucus vote, which is characteristic of ica, immigration? Some say it is the employers responsible not to hire ille- the maneuvering throughout the text country’s biggest problem. While that gal immigrants. We can take away the of this legislation, and that what this may be debatable, it is a significant magnet of work in this country for body ought to do is take the famous problem, one of the top two or three words of President John F. Kennedy those who are not here legally. problems facing us, and the problem is We have lost sight I think, of the when he served in this body, to exercise not going to go away. Is it right to very fundamental purpose as to what a little courage, a profile in courage as wait until there is a new President? we are trying to accomplish through opposed to what appears to be a profile Should we wait until we get a new Con- legislation to reform immigration. in cynicism. gress? Of course not. Talk radio has The essence of it is, Senators can We are trying to secure our borders. had a field day, these generators of vote for cloture not to kill the bill, and This bill goes a long way to securing simplicity. then vote against the bill and exercise the borders with fencing, with auto- I want everyone to know, and I want their right to do that and still allow mobile blocks, with more Border Pa- the record spread, I do not believe any- this bill to go forward where it may yet trol. The entire 2,000-mile plus of the one who is a Senator who votes against border will be more secure. It can’t be be improved. Mr. President, I see my time is just this motion to proceed is filled with perfectly secured, and that is why we about to expire. How much time re- prejudice, with hatred, with venom, as have employer verification which, as I mains? we get in our phone calls and our mail. say, is now foolproof. Then when we The PRESIDING OFFICER. There is I don’t believe that. But I do believe we deal with the immigrants, we are try- 20 seconds remaining. have an issue before us that we must ing to deal with the 12 million undocu- Mr. SPECTER. I yield back the re- resolve. mented immigrants. Those who would mainder of my time. My family has been enriched by im- like more—I said earlier that if I had The PRESIDING OFFICER. The ma- migration. My father-in-law, Earl my choice, I would agree with Senator jority leader is recognized. Gould, came to America from Russia MENENDEZ, that I would have more Mr. REID. Mr. President, is immigra- when he was a little boy. When he family unification. I would agree with tion a problem? Of course, it is. But is came here his name was Israel Gold- Senator DODD that I would have more immigration a problem that is limited farb. He assumed the name Earl Gould. visas for parents. But this legislation is to Texas, Arizona, California, the bor- When I met my wife, her name was crafted by compromise, and that is the der States? No. Is immigration a prob- Landra Gould. art of politics—the compromise. So it lem only for big cities, such as San An- I had the opportunity to talk with is the best bill that we can structure tonio, New York, Chicago, L.A.? No. my father-in-law many times. Every and come forward with. Immigration is a problem all over one of his siblings who came to Amer- If we do not legislate now, we will America. ica had a different name. They all not legislate later this year when our As people know, I am from Search- changed their name in this great melt- calendar is crowded with Iraq and ap- light, NV, a little town I was born in ing pot. propriations bills and patent reform, et and the town where I lived. It is 60 My father-in-law died as a young cetera. We are then into 2008 and an miles southeast of Las Vegas in the man—he was 52 years old—from leu- election year for President and Con- southern tip of the State. Is immigra- kemia. I think of him often. My wife is gress, and it will be pushed over to tion something people talk about in an only child. I think of him often for 2009. Circumstances will not be better Searchlight? Of course, it is. the kindness that he showed me. This then, they will be worse. Take yesterday. I got back to my of- ring I wear he gave to me on his death We have a very frequent practice, as fice, and there was a call from Tommy. bed. This watch that I wear he gave to we all know, for Senators to vote in I am not going to give his last name for me. When he was sick and knew he was favor of cloture, and then to vote fear somebody will look him up. going to die, he and my mother-in-law against the bill. That is an expression Tommy called me—and I do have his took a trip to the Middle East and of policy judgment not to hold a piece last name—and he said: I have a friend brought me back this watch. They of legislation to a 60-vote super- here who is from Mexico, has been here didn’t have money to buy watches for majority level. We do not have an issue quite a long time. What is this immi- me, but they bought a watch for me. I of freedom of religion. We do not have gration bill you are working on going still wear the watch. an issue of freedom of speech. We have to do for him? Should I be in favor of In this great melting pot we have a public policy question where in good it? called America, of which I am a part, conscience Senators can say: I am op- Yes, Tommy, you should be because my five children are eligible for Israeli posed to the legislation, but I do not your friend will no longer have to be citizenship because, with the Jewish

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8650 CONGRESSIONAL RECORD — SENATE June 28, 2007 tradition, lineage is with the mother, Mr. President, there is $4.4 billion for sion, the other embraces the American not the father. My children proudly border security. Is it going to help? Oh, dream. One path embraces the status know this. it will help a lot. There are 370 miles of quo, the other pragmatism. Democrats My family has been enriched as a re- fencing, which we authorized and, of and Republicans alike, let us keep hope sult of immigration. I knew my grand- course, have done nothing about; 300 alive, let us keep the American dream mother. I talked with her lots of times. miles of vehicle barriers; 20,000 new alive, let us keep pragmatism alive and As a boy, I listened to her stories. I Border Patrol agents; more than 100 well here in the Senate. talked with her. I can still hear her ground-based radar and camera towers; I ask you to join on the path of hope, voice—oh, we had a grand time. That is and 31,500 detention beds. a courageous path, a path that Presi- how she talked. She was born in Mr. SESSIONS. Mr. President, under dent Bush, Leader MCCONNELL, and I Katherine’s Cross, England, and came the UC, I think we are well passed the have chosen, a bipartisan path to legis- over here as a girl, married my grand- time the leader had, and this side only lative hope. That is what this vote of father, had eight children, all of them received 10 minutes. cloture is all about. Voting for cloture raised in Searchlight, NV. The PRESIDING OFFICER. The lead- on this imperfect bill will make our Those are two examples of what im- er has the floor. The majority leader union a little more perfect. migration is all about, two examples of has the floor. CLOTURE MOTION what it has done to HARRY REID. Mr. REID. Mr. President, I would say My skin is real white. We have Afri- this, 31,500 detention beds. One of the The PRESIDING OFFICER. Under can Americans. The Presiding Officer problems we have—— the previous order and pursuant to rule is of African-American ancestry. In the Mr. SESSIONS. Mr. President, point XXII, the Chair lays before the Senate back of the room—we don’t even have of order. The unanimous consent gave the pending cloture motion, which the to look at the back of the room—we the leader 12 minutes. It is now about clerk will state. have Hispanics. But my skin is Amer- 12 or 15. Does that override the leader’s The legislative clerk read as follows: ican skin, just as the Presiding Officer, time? CLOTURE MOTION just as Senator SALAZAR. Mr. REID. It is my understanding in What is immigration all about? A We, the undersigned Senators, in accord- the order—— ance with the provisions of rule XXII of the number of years ago, one of America’s The PRESIDING OFFICER. The great journalists, James Fallows, Standing Rules of the Senate, do hereby Chair always allows some latitude to move to bring to a close debate on Calendar wrote a book called ‘‘More Like Us.’’ the two leaders. He is currently 1 No. 208, S. 1639, Immigration. The thesis in this book was that every- minute over time. Ted Kennedy, Russell D. Feingold, Daniel one was saying we should be more like Mr. REID. Mr. President, it is my un- K. Inouye, Tom Carper, Sheldon White- Japan. derstanding of the order of the pre- house, Pat Leahy, Richard J. Durbin, Japan was at the zenith of its height senters that Senator MCCONNELL and I Benjamin L. Cardin, Ken Salazar, and power, and we were in the dol- had 10 minutes. Frank L. Lautenberg, Joe Lieberman, drums economically. Everyone said we The PRESIDING OFFICER. That is Dianne Feinstein, John Kerry, Charles should be more like Japan. Schumer, Ben Nelson, B.A. Mikulski, James Fallows wrote this book, true. Harry Reid. Mr. REID. Ten minutes was given to ‘‘More Like Us,’’ and he said: No, we The PRESIDING OFFICER. By unan- should be more like us, like America, the distinguished Republican manager of the bill, and I now am using my imous consent, the mandatory quorum and the No. 1 issue he talked about call has been waived. being different from Japan, our leader’s time that was not in the order. The question is, Is it the sense of the strength, is immigration. I testify that I would also say to my friend from Senate that debate on S. 1639, the bill is true; that is the strength of this Alabama that I would never rudely in- to provide for comprehensive immigra- great country. terrupt him whenever he is giving a Today in America we have a problem speech. I would never do that, and I tion reform, and for other purposes, with immigration. We have porous bor- wish he hadn’t done that, but I will shall be brought to a close? ders that need to be fixed. We are Sen- continue. The yeas and nays are mandatory ators, I repeat, Members of the great- Mr. President, 31,500 new detention under the rule. est deliberative body in the history of beds. In Las Vegas, when someone is The clerk will call the roll. the world. With the honor of our office picked up on an immigration violation, The assistant legislative clerk called comes enormous responsibility. We there is no place to put them. That is the roll. must resist the ever-present tempta- what this legislation does, actual Mr. DURBIN. I announce that the tion to do what is expedient at the ex- money—not authorizing money but ac- Senator from South Dakota (Mr. JOHN- pense of what is right. When short- tual money. That is important. SON) is necessarily absent. It creates a mandatory employer term gain diverges from long-term The PRESIDING OFFICER (Mr. verification system, which is so impor- good, we must choose the good. This is BROWN). Are there any other Senators tant, and a pathway to legalization for our challenge today. in the Chamber desiring to vote? I ask every one of my colleagues, 12 million people, like my friend The yeas and nays resulted—yeas 46, Democrats and Republicans, not to Tommy from Searchlight, NV. What do nays 53, as follows: shrink from this issue, to support us they do? They work, they pay taxes, moving forward on this legislation for they learn English, they stay out of [Rollcall Vote No. 235 Leg.] the good of our country, the greatness trouble, and they pay fines and pen- YEAS—46 of our country. alties. That is important. Akaka Gregg McCain There are 100 of us. If each one of us AgJOBS. The DREAM Act. This leg- Bennett Hagel Menendez were given a few days to draft an immi- islation is important. It has come Biden Inouye Mikulski Boxer Kennedy gration bill. We probably could do a about as a result of a lot of hard work. Murray Cantwell Kerry Nelson (FL) better job than what has been done For example, we have had 36 hearings, Cardin Klobuchar Obama with this bill, in our own minds. But 6 days of committee action, 59 com- Carper Kohl Reed mittee amendments, 21 days of Senate Casey Kyl Reid some of the greatest legislative minds Clinton Lautenberg Salazar in this body have worked long and hard debate, and 92 Senate floor amend- Conrad Leahy Schumer ments. Craig Levin to come up with this bill. Perfect? No. Snowe Good? Yes. I know the vote for everyone here Dodd Lieberman Durbin Lincoln Specter I hope we can do the right thing and today is a difficult vote. For some of Feingold Lott Whitehouse move this legislation forward. I am not us, it may be the most difficult of our Feinstein Lugar Wyden here to tell my colleagues this legisla- careers. There is no perfect answer to Graham Martinez tion is the greatest thing that ever this problem of immigration, but there NAYS—53 came along, but it is something that is are two paths. One path is diversion Alexander Baucus Bond badly needed, and we need to continue and negativity, while the other em- Allard Bayh Brown this process. braces hope. One path embraces exclu- Barrasso Bingaman Brownback

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 28, 2007 CONGRESSIONAL RECORD — SENATE S8651 Bunning Ensign Rockefeller to the increasing distance between the Many good things are worth the wait. Burr Enzi Sanders year of my birth and the current date. Grandma Moses did not take up paint- Byrd Grassley Sessions Chambliss Harkin Shelby I may not like it, but as Maurice Chev- ing until the age of 75. She painted Coburn Hatch Smith alier put it: some 1,600 paintings, 250 of which she Cochran Hutchison Stabenow Old age is not so bad when you consider the painted after her 100th birthday. Mi- Coleman Inhofe Stevens alternative. chelangelo was still working on frescos Collins Isakson Sununu Corker Landrieu A recent Associated Press story ran Tester and sculptures when he died at the age Cornyn McCaskill Thune in West Virginia’s Charleston Daily of 89. Crapo McConnell Vitter Mail. The headline read: Dramatic Age is no barrier to accomplishment. DeMint Murkowski Dole Nelson (NE) Voinovich change in signatures shows that age is When the spirit and the mind are will- Domenici Pryor Warner catching up with Senator BYRD. The ing, the creative juices continue to Dorgan Roberts Webb newspaper offered as proof the signa- flow. I like to think that I still have a NOT VOTING—1 tures on my Senate financial disclosure few things left on my to-do list. I also Johnson forms from last year and this year. It like to think that someday our rapidly is true that this year’s signature looks aging society will get over its fear and The PRESIDING OFFICER. On this like I signed it in a moving car. Some its denial of aging. We had better get vote the yeas are 46, the nays are 53. days, the benign essential tremor that over it quickly because the demo- Three-fifths of the Senators duly cho- I have had for years now is worse than graphics tell us our senior population sen and sworn not having voted in the on other days, just as it is for the ap- is rapidly growing. affirmative, the motion is rejected. proximately 5 million other people in If my colleagues still show deference The majority leader is recognized. the United States who suffer from to me, as the news article reported, I Mr. REID. Mr. President, the vote similar tremors. It is annoying, but it hope it is due to my experience, my po- has been cast. As I told a number of my is hardly evidence that I am at death’s sition as chairman of the Appropria- Republican friends, even though the door. tions Committee, and my ability as a vote is disheartening to me in many Nor should it come as a surprise that Senator. If they are patient with me as ways, I think as a result of this legisla- I use canes to help me get around or I turn the page, I hope that is an exam- tive work we have done in the last sev- that I am not always as fast as I once ple of the Golden Rule; that they show eral months on this legislation, there was. I am not aware of any require- patience with my minor adversities of have been friendships developed that ment for physical dexterity in order to age as they hope that someday others were not there before, trust initiated hold the office of U.S. Senator. The will show to them. that did not exist before. I say to my often grueling hours working in the After all, the Senate is not exactly friends, Democrats and Republicans, Senate requires are tough on far junior full of spring chickens. You better be- this is a legislative issue. It will come Senators, and I am no longer one of the lieve it. It is not supposed to be. The back; it is only a question of when. We younger Senators. Senate was designed to give age and ex- are only 6 months into this Congress. But to worry in print that I have perience a chance to flourish, and the We have so much to do. missed one vote this year? Really. Out rules give slower speakers—the rules Hopefully, this lesson we have all of more than 18,000 votes in my career, give slower speakers a chance to be learned will be one where we recognize to miss one vote or two votes every heard. we have to work more closely together. now and then is surely excusable. Even Five percent of Senators date from I hope we can do that. I say to all of old people can be allowed a sick day or the roaring 1920s. All of them served in you, thank you very much for your pa- two now and then, can’t they? World War II. The Senate will truly That is really the crux of the matter. tience—the phone calls I have made; if lose a great generation when they de- In this Internet-savvy, media-infused I twisted arms, it was not very often. I cide, if ever, if ever, to retire. so appreciate—I think I speak for all of culture, we have forgotten that people Almost a quarter of Senators date us—being able to be part of this great do get older, even, dare I say it, old, from the 1930s, including many sea- old. Television is full of pretty young Senate where we are able to participate soned committee chairmen and rank- people. The few white-haired heads in decisions such as this. ing members. I am sure my younger that one sees on television are made up colleagues on the Appropriations Com- f and glamorous. Off camera, though, mittee appreciate the opportunity to MORNING BUSINESS most bear little resemblance to their play a larger role as appropriations Mr. REID. Mr. President, I ask unan- TV persona. In a culture of Botox, wrinkle cream, bills move through the Senate, as the imous consent we go to a period of and hair dye, we cannot imagine that recent articles reported. morning business with Senators per- As I have gotten older, I have learned becoming older is a good thing, an ex- mitted to speak for up to 10 minutes to have great trust and great respect perience to look forward to, a state each, and Senator ROBERT C. BYRD be worthy of respect. If I were 50 years old for my colleagues, many of whom I recognized to speak for double what ev- and used canes due to some injury or have worked with for many years. Why eryone else is allowed to speak, 20 min- had a disease-related tremor, the news- is that decried as a bad thing? Why utes. letter stories would be about my car- should not these fine Senators, now in The PRESIDING OFFICER. Without rying on despite my adversities. But their fifties through their eighties, get objection, it is so ordered. my only adversity is age. Age. to spread their wings while the old wise The President pro tempore is recog- In real life, the lucky ones among us BYRD watches? nized for 20 minutes. do get old. We move down the steep Abraham Lincoln once rightly ob- The PRESIDING OFFICER. The slope, to the far right of the bell curve served: President pro tempore is recognized for of age. The really lucky ones, and I al- In the end, it’s not the years of your life 20 minutes. most count myself among them, get to that count. It’s the life in your years. f be aged, into their nineties or even My only adversity—my only adver- older, a distinction that I think is nat- sity is age. It is not a bar to my useful- GROWING OLDER urally paired with the wisdom borne of ness as a Senator. I still look out for Mr. BYRD. Mr. President, I feel com- experience. We do get white hair, yes. West Virginia. I still zealously guard pelled to address head on, I mean head And we do get wrinkles. And we move the welfare of this Nation and its Con- on, the news stories in recent weeks more slowly. We worry about falling stitution. I still work every day to that have pointed out the shocking dis- down because we do not bounce up the move the business of this Nation for- covery, yes, shocking discovery, that I way we used to. ward, to end this reckless adventure in am growing older. Did you get that? Our brains are still sharp, but our Iraq, and to protect, to preserve, and Shocking discovery that I am growing tongues are slower. We have learned, defend the Constitution of the United older. sometimes the hard way, to think be- States against all those who would re- I find it no surprise, but then I have fore we speak. I hope, however, that shape it to suit partisan agenda. I will had some time to become accustomed what we have to say is worth the wait. continue to do this work until this old

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8652 CONGRESSIONAL RECORD — SENATE June 28, 2007 body just gives out and drops. Do not back at their pursuers. At least one Catherine’s father, Bill Bittner, Sr., expect that to be anytime soon. round hit Ken’s cockpit, embedding was a close friend of Ken’s and his fish- I believe all ages and all occupations shrapnel in his arm and leg. ing partner. Bill and I often spent long should be part of a truly representative Determined to stay in the air as long summer days fishing with Ken and body. I also believe society works best as possible, Ken and George attacked a talking about World War II. when the energy and idealism of youth, group of bombers until they ran out of To this day, Ken’s family has strong youth, youth, pairs with the experience ammunition. The pair then landed at ties to Alaska. Ken’s son, Ken Jr., fol- and wisdom of age. Wheeler Field to resupply and refuel. lowed in his father’s footsteps and also America is the land of opportunities. While an air crew rearmed their became commander of the Alaska Air I don’t think our some 36 million citi- planes, the duo received a dressing National Guard. They remain the only zens over the age of 65 are disqualified down from a superior officer for taking father and son in our Nation’s history from participating in the life of the off without orders. The officer also in- to have achieved such an honor. Also, country that we—we—helped to build. sisted they stay on the ground, but Ken Sr.’s grandson, Eric Taylor, now Our country rejected those kinds of ar- when another attack forced airfield serves in the Alaska Air National bitrary barriers long ago, and this Sen- personnel to scatter, Ken and George Guard with distinction. ator loudly and proudly rejects them took the chance to get back into the The remarkable story of Ken Taylor now. fight. reminds me of a statement once made The PRESIDING OFFICER. The sen- With a fresh supply of .50 caliber am- by General George Marshall. Asked if ior Senator from Alaska is recognized. munition, Ken positioned himself on America had a secret weapon to help f the runway to take off just as a group win World War II, General Marshall re- of dive bombers flew overhead. He de- plied in the affirmative. He said we had BRIGADIER GENERAL KEN scribed his second takeoff to Army ‘‘the best darn kids in the world.’’ TAYLOR Times as follows: One can’t help but wonder if these Mr. STEVENS. Mr. President, today I took off right toward them, which gave words were partly inspired by Ken Tay- I pay tribute to BG Ken Taylor, who me the ability to shoot at them before I even lor, who, at age 21, exemplified great will be buried at Arlington National left the ground. I got behind one of them and courage and bravery during the battle Cemetery later this afternoon. started shooting again. The only thing I that drew America into World War II. didn’t know at that time was that I got in From his service as a pilot during For those who remember, his was one World War II to his tenure as Com- the middle of the line rather than the end. There was somebody on my tail. They put a of the two planes that took off in the mander of the Alaska Air National bullet right behind my head through the can- movie entitled ‘‘Pearl Harbor.’’ Guard, General Taylor was always a opy and into the trim tab inside. So I got a It gives me great pride to have hero—in every sense of the word, and little bit of shrapnel in my leg and through known this man. On this solemn day to all who knew and loved him. the arm. It was of no consequence; it just when we put him to rest, let us all take As a young boy in Oklahoma, Ken set scared the hell out of me for a minute. a moment to reflect on the life—and his sights on becoming a pilot. After Before the last fires were extin- honor the memory—of this great Amer- completing high school and 2 years of guished from the remains of the Pacific ican hero. college, Ken fulfilled his dream by join- Fleet in Pearl Harbor, Ken Taylor and I yield the floor. ing the Army Air Corps. George Welch had shot down at least The PRESIDING OFFICER. The Sen- In April 1941, newly commissioned as eight Japanese fighters. Many believe ator from Missouri is recognized for 10 a second lieutenant, Ken received his their decision to take to the air pre- minutes. first assignment. He was stationed at vented a full assault on Haleiwa, sav- f Wheeler Field, on the Hawaiian island ing the field from sure destruction. By of Oahu, as a member of the 47th Pur- the end of the day, the two lieutenants HOMAGE TO SENATOR BYRD suit Squadron. And it was there, during had become America’s first heroes of Mrs. MCCASKILL. Mr. President, one of the darkest days in our Nation’s World War II—all while wearing tuxedo first, let me pay homage to the senior history, that Ken’s bravery shined pants and a Hawaiian flower-print Senator from West Virginia who, in a brightest. shirt. typically eloquent way, spoke to the Early in the morning on December 7, For his tremendous courage under Senate about his long service to his 1941, after a long night of poker, danc- fire, Ken received the Distinguished State. Let me tell the people of West ing, and a little drinking at the offi- Service Cross and a Purple Heart. But Virginia, they don’t need to worry; cer’s club, Ken awoke to the sound of his service to this Nation was far from they have a very strong Senator in this low flying Japanese aircraft fighters finished. Ken went on to fight at Gua- body. Any comments about his age are and bombers on course to attack the dalcanal, where he was credited with misplaced, because his passion and his Navy’s Pacific Fleet at Pearl Harbor. destroying another Japanese plane. intellectual heft and his knowledge of Ken and fellow pilot George Welch, After a broken leg ended his combat history and the Constitution far out- who was staying in a neighboring career, Ken returned stateside and weigh any considerations one would apartment, took immediate action. served for 27 more years. He served in have about his age. They called ahead to their air crew the Alaska Air National Guard. (The remarks of Mrs. MCCASKILL per- with instructions to load their P–40s In 1967, Ken became the Assistant Ad- taining to the introduction of S. 1723 with fuel and ammunition. jutant General for the Alaska Air Na- are located in today’s RECORD under Both pilots hurriedly pulled their tional Guard. Before retiring in 1971, he ‘‘Statements on Introduced Bills and evening wear back on, and sped off in was promoted to Brigadier General and Joint Resolutions.’’) Ken’s new Buick toward Haleiwa Field. served as the full Commander of the f Dodging Japanese strafing runs and Air Guard. driving at speeds in excess of 100 miles In this capacity, Ken quickly distin- PROGRESS ON S. 1 per hour, they soon arrived at the air- guished himself as an able and re- Mrs. MCCASKILL. Mr. President, field. The pair quickly strapped into spected leader. He worked closely with there are times since I have been here their P–40 Tomahawks, which were MG C. F. Necrason, then the Adjutant that I have been surprised and shocked. fully fueled but only partially armed. General of the Alaska National Guard, This week was one of them, when I saw Outnumbered, outgunned, and with- to save the Air Guard component in the leader of my party rise to ask the out orders, the two pilots taxied to the our State. Under Ken’s direction, the body to send S. 1 to conference. Keep in runway intent on engaging the over 300 reinvigorated Air Guard units provided mind what S. 1 is. S. 1 was the first unchallenged Japanese aircraft. rural Alaskans with access to health piece of legislation we passed in the Once airborne, Ken and George im- care, medivacs, and disaster relief serv- Senate this year. That is why it is mediately came under fire. Ken later ices. called S. 1. Keep in mind what the vote described the ensuing combat as As a Senator for Alaska, it was my was. It was 96 to 2. There are not going ‘‘shooting fish in a barrel’’—a definite privilege to work with Ken on many to be very many times that we do any- understatement, as the Japanese shot occasions during this period. My wife thing 96 to 2. That was months ago.

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 28, 2007 CONGRESSIONAL RECORD — SENATE S8653 Now, all this time we have been wait- So I guess I would say the failure of need. Let’s begin to create a lawful sys- ing to send this bill to conference so we the legislation today, despite the good tem at the border. can move ahead and make it law. This efforts of my esteemed colleagues who As the American people see that and is ethics reform. This is the essence of met together and wrote this bill—and gain confidence in us as a government, what we should be about. We are here they did not want anybody to change a then we begin to talk about some of to do the people’s business, not big jot or tittle of it—despite all of that, the more difficult problems: What do money’s business. We are here to pro- despite their good efforts, it did not do we do about 12 million people who are tect average people in these United the job. It did not shut off the water. here illegally? States, not the lobbyists in the hall- According to the Congressional Budget One of the things that very much way. Office, it would only have reduced ille- concerned me in this bill—and it shows Ethics reform should be at the top of gality by 13 percent, and in the next 20 the mindset that seemed to be driving our list. What happened when our lead- years we would have another 8.7 mil- the legislation and was an indication er asked for this bill to go to con- lion people here illegally. there was no real commitment to en- ference? The Republican leader ob- I think our Senators—after hearing forcement—was moving the date of the jected. What in the world is going on that and having it pounded in and see- people who would be allowed to go on a that we would pass a bill 96 to 2 and ing this is not an exaggeration but an path to legality and even citizenship to then the Republican leader would say, objective report by the Congressional even if you came into our country last ‘‘I object to it going to conference’’? Budget Office, and then we heard the year. The American people have been very promises: The only way to get a lawful Now, last year’s bill, which I vigor- engaged on the immigration issue for system in America is to vote for this ously criticized, said you could take weeks. That bill has come to its con- bill—they were not persuaded, espe- advantage of the amnesty or legaliza- clusion. I urge every American out cially because the American people saw tion process if you came into America there to use those same fingers and through it. before January 1, 2004. This bill said those same phones, to use those same Rightly, the American people have you could take advantage of the am- e-mails and those same letters, to im- grown to be cynical about the words of nesty—you would not be asked to mediately begin calling their Senator Congress on immigration. They have leave—and you could become an Amer- and say to them: Why in the world grown to be cynical about that. For 40 ican citizen if you broke into our coun- would you be blocking ethics reform in years, Presidents and Congresses have try before January 1, 2007, this year. the Senate? There is no good excuse— promised we are going to make a law- So after the President has called out except politics. If we cannot get beyond ful system: We are going to do this. the National Guard, after we have said politics to reform ethics, then I think Don’t worry, I voted for that bill last the border is closed—and it has not the people have a right to give us an year. It was going to do this and do been closed; we made some improve- approval rating in the cellar. that, double Border Patrol—but noth- ment, but it has not at all closed the il- So I call on the Republican leader, I ing ever happens. legality at the border—but if you could call on our Republican colleagues: Stop We arrested a million people trying get past the National Guard last De- playing games with ethics reform. to enter our country illegally last cember 31 and get into this country, Let’s move forward. Let’s make this year—a million people. Why do we have this bill would have put you onto a happen on behalf of the people we came that many people arrested? One reason citizenship path. here to represent. If we cannot do this, is because the border is known, world- But that is not what our colleagues we ought to put our tail between our wide, to be insecure and that you have told us who supported the legislation. legs, be ashamed, and go home. They said it was going to help those Mr. President, I suggest the absence a very good chance of being able to enter the country illegally. people who have deep roots in America of a quorum. who have children here and ones we The PRESIDING OFFICER. The If we can change that and we create cannot ask to leave. I am sympathetic clerk will call the roll. a clear message around the world that The legislative clerk proceeded to our border is secure and if you come to that. I am prepared to work on call the roll. you are going to be apprehended and something like that. But the idea that Mr. SESSIONS. Mr. President, I ask you will be prosecuted if you come some single person who broke across unanimous consent that the order for across the border illegally, we could the border last December, past the Na- the quorum call be rescinded. see a dramatic dropoff in that and a tional Guard, is being given all the The ACTING PRESIDENT pro tem- dramatic increase of people applying, benefits of citizenship, all the benefits pore. Without objection, it is so or- waiting in line to come legally. That is we would give to somebody who waits dered. what it is all about, and this bill did in line to come legally makes no sense to me and indicates the mindset we f not do it. Now, somebody was saying to me and have here. IMMIGRATION asking me recently about President The mindset is confused is all I am Mr. SESSIONS. Mr. President, I Bush and his legacy. I have to tell you, saying. The President, the executive thank the Presiding Officer for his in- I like President Bush. He is a friend of branch, and the Congress have not yet sight into the legislation we consid- mine. I believe his heart is good. I be- gotten the message. The message is: ered. I guess the Presiding Officer un- lieve he wanted to do something good We don’t want talk. We don’t want derstands, when you have completed a about immigration. I have the highest promises. We want you to get busy and tough campaign and you have talked to regard for him. create a lawful system of immigration, voters, you learn some things. Hope- What I would ask President Bush to and then we can begin to talk about fully, our Senate has learned some do with regard to his legacy on immi- how to deal with people who are here things: That the heart of the American gration would be to carry on at a much illegally and what our future flow of people is good, that they are not mean more effective and aggressive rate than immigration would be. They had some spirited, but they are concerned about he has with a movement toward en- good ideas in the bill about how to im- a lawful system of immigration. forcement. He has done things in the prove the future process by which we I was on an Alabama-based radio last several years to improve immigra- select for admission immigrants who show ‘‘Rick and Bubba.’’ They are ex- tion enforcement more than the pre- desire to come. We know we can’t ac- panding out around the country and do vious four or five Presidents, but it has cept everybody. Eleven million people an excellent job and are very fair about not been enough. applied for the 50,000 lottery slots we immigration. One told me the other So I would suggest to the President: had in the year 2000. It just indicates morning: Senator, let me tell you my Make it your legacy to leave a secure that the number of people who would philosophy. My philosophy is that if border for America. Enforce our cur- like to come here vastly exceeds our you have a broken pipe in your attic, rent laws. Utilize every effective and ability to admit them all, so we must and there is water on your floor, you appropriate tool we now have, which select some way for those who come. I don’t go spend all your time mopping would make a huge difference. Ask the believe that a touch, a bit, in this bill up the floor, you fix the leaking pipe. Congress for what additional tools you that tended toward a Canadian-type

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8654 CONGRESSIONAL RECORD — SENATE June 28, 2007 system was a great first step and We do have a crisis, and it is our re- Where is the help for the small busi- should give us a model for future flow. sponsibility to meet it. Just because nesses that may not even be computer- So to my colleagues and particularly this effort failed does not mean we ized? to my friend, the President of the didn’t make progress. I think we did I said: I know the Department of United States, whom I respect so make progress. It was not enough to Homeland Security, when the regula- much, I would say let’s make it a leg- get the majority even of this Senate to tions are made, will have a provision acy of this Congress and this President agree that this not only took care of for a business that has one employee or to do everything possible, beginning the problems of today but would pro- two to be able to have a clear, easy today, to have a secure border in our vide a standard for tomorrow and 10 way to verify with this tamperproof ID. country. I believe it would be widely years from now so that everyone would There would be a picture on it and a bi- approved by the American people. I be- know what the laws are and that the ometric indication. lieve it would be good for our country. laws would be enforced. So we have So I think we need to work on the It would be a true contribution to made progress. guest worker program immediately, American society and put us on the I look at so many of our colleagues along with the border security pro- road toward a step to adopting new and who worked so hard on this, along with gram, so that the economy of this better policies for immigration. members of the President’s Cabinet country and the people who are seeking It is great to see my colleague, Sen- and the President himself, and I know to work in our country to provide for ator HUTCHISON from Texas. I thank how deeply disappointed they are that their families wherever they may live her for her insight and commitment to this was not successful. Nevertheless, I would be able to be matched. I think creating a good system. Being from believe we were in a much better place we should do those two things first. Texas and having lived with this issue this year than we were last year, and I That would be my suggestion of a new for years and years, she is sympathetic believe, if we start fresh, we can come approach. and compassionate to those who want up with a better approach to this prob- The problem we ran into with this to come to America, but she also un- lem. bill and the bill we tried to pass last derstands the need to create a system What would a better approach be? year was that tough issue of, what you of laws we can be proud of. First, I think it is clear the Amer- do with the people who are already Mr. President, I thank the Chair and ican people do not believe there is a here illegally, because the enforcement yield the floor. commitment to border security. I be- was not done. A blind eye was turned. The ACTING PRESIDENT pro tem- lieve there is much more progress in Through many years, since 1986, there pore. The Senator from Texas is recog- this area than is known. We know the has not been that workable guest nized. catch-and-release program is virtually worker program which would accom- Mrs. HUTCHISON. Mr. President, I shut down. It used to be that an alien modate the economic needs of our thank the Senator from Alabama for coming into our country illegally who country and the economic needs of his remarks. was not from Mexico but was from far- workers who cannot find jobs in their This is a hard time. This has been a ther down in Central or South America own home countries. Dealing with that very difficult issue. There is no ques- would not be able to be apprehended was the hangup on this bill, make no tion that so many people put hours and and deported because there were no de- mistake about it. It was the perception hours in to try to produce a piece of tention facilities that could hold them, that people would be able to come here, legislation that could get a majority or so they were caught and released. stay in our country illegally, and never 60 votes to proceed. I think it is impor- Today, that program has been virtually have to go home in order to become le- tant for us to take a moment and say, shut off. gally processed in our country. The yes, it was a disappointment, but we So we have made progress. Is it American people rose up and said no. must go forward. This should not be enough? Absolutely not. But we must My amendment which tried to fix that the end of efforts to deal with one of have a renewed commitment to border came very close—53 to 45. the most important, if not the most security, and I think it is clear the I think that is a concept we should important, domestic problem in our American people believe we must show revisit but not until we have addressed country today; that is, we are a sov- there is a commitment as a pre- border security and made a commit- ereign nation which must have secure requisite to addressing the other prob- ment and significant improvements borders. lems. and a guest worker program estab- We know there are terrorists who are Today, I suggest we might look at a lished for people coming in legally. In trying to enter our country to harm fresh approach which has the commit- my opinion, that would probably also Americans. We would be naive to look ment that was made by the President 2 cause some of the people who are here the other way. We know there are drug weeks ago to border security, the illegally to see a clear path, a workable cartels trying to enter our country money commitment for the barriers, path, a dependable path to come into with illegal drugs. We know there are and the commitment to following our country and begin to work legally human traffickers who are bringing through on those border security meas- if we act now to set up that guest people into our country illegally and ures. That would be one step we could worker program. Then start the long robbing these people of huge amounts take that I believe would have uni- and arduous process of trying to handle of extorted money. We know we must versal agreement. There is no one who responsibly the people who are here il- stop that. has called me about this bill who has legally, some of whom have homes, We also know there is a need in this not said the absolute first requirement have American-born children, which we country for work and jobs that are not is border security. must realistically address but maybe being filled by Americans, and we must The second thing I think we should not all at once. That would be my sug- provide a legal way for people to fill do as we are continuing this commit- gestion for those who are willing to those jobs. We must not equate the ment to border security is a guest say: Let’s take a week, and let’s deter- people who have come here for jobs, worker program—a guest worker pro- mine what the next course should be. trying to feed their families—because gram going forward that is a workable Mr. President, I ask unanimous con- they have little hope from their coun- way for people to come into this coun- sent for 2 additional minutes. try of origin of being able to do that— try and have the ability to work out in The ACTING PRESIDENT pro tem- with terrorists and drug dealers. They the open, legally, to be able to go back pore. Without objection, it is so or- are two separate kinds of problems and and forth from their home country dered. separate kinds of people. We need to without being afraid they could not get Mrs. HUTCHISON. Let me end by provide an avenue for those who are back in, and a tamperproof identifica- saying I do believe we need to take trying to do better for themselves and tion for employers to easily be able to some time. We need to look at the con- their families to work in our country see that a person is legally in this sequences of doing nothing, which I do and to be in our country and, within country. not think people focus on enough, and the laws we have, to go into permanent I met with my good friend Massey try to have a fresh approach, perhaps a residency and citizenship. Villarreal yesterday, and he said: more graduated approach, that would

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 28, 2007 CONGRESSIONAL RECORD — SENATE S8655 secure our borders and would have a v. Board of Education. It was up to From Jamestown, to the Pilgrims, to guest worker program going forward Congress to take action. the Irish, to today’s workers, people and then follow up by dealing with the The path forward has never been an have come to this country in search of illegals who are in our country now. easy one. There were filibusters of the opportunity. They have sought nothing Perhaps there would even be a safe har- Civil Rights Act of 1964 and of the Vot- more than a chance to work hard and bor—no commitments about what ing Rights Act of 1965. But we didn’t bring a better life to themselves and would happen but not to cause people give up and we ultimately prevailed. their families. They come to our coun- to lose jobs that are not being filled. The same was true in our battles for try with their hearts and minds full of Perhaps, there could be something fair housing and for an end to discrimi- hope. along that line as we decide how to nation against persons with disabilities. On immense issues such as these, We will endure today’s loss and begin deal with those people who are here. I anew to build the kinds of tough, fair, do believe there will be more accept- a minority in the Senate was often able to create stalemate and delay for a and practical reform worthy of our ance of a responsible, legalization proc- time. But they had never been able to shared history as immigrants and as ess of people who are here illegally if stop the march of progress. Americans. the American people see border secu- Throughout all of those battles, we Immigration reforms are always con- rity and a guest worker program that faced critics who loudly warned that troversial. But Congress was created to puts the people in the front of the line we were changing America forever. In muster political will to answer such who have come legally into our coun- the end, they were right. Our history of challenges. Today we didn’t, but to- try to work. civil rights legislation did change morrow we will. Mr. President, it is so important that America forever. It made America I yield the floor. we not give up. It is so important that stronger, fairer, and a better nation. we not turn another blind eye to the Immigration is another issue like Mr. President, I suggest the absence problem facing this country of more that. We know the high price of con- of a quorum. and more illegal aliens coming in. We tinuing inaction. Raids and other en- The ACTING PRESIDENT pro tem- must secure our borders from terror- forcement actions will escalate, terror- pore. The clerk will call the roll. ists, drug dealers, and human traf- izing our communities and businesses. The assistant legislative clerk pro- fickers. But it is not the same as peo- The 12 million undocumented immi- ceeded to call the roll. ple who are coming to our country for grants will soon be millions more. Mr. CORNYN. Madam President, I economic help for themselves and their Sweatshops will grow and undermine ask unanimous consent that the order families. We must provide a way to at- American workers and wages. State for the quorum call be rescinded. tract those people to jobs that are not and local governments will take mat- The PRESIDING OFFICER (Mrs. being filled by Americans. So, yes, it is ters into their own hands and pass a MCCASKILL). Without objection, it is so disappointing today. maze of conflicting laws that hurt our ordered. I applaud the people who have country. We will have the kind of open worked so hard. I want to say that they border that is unacceptable in our post- Mr. CORNYN. Madam President, I did make progress, and it is something 9/11 world. ask unanimous consent to speak for up from which we can all learn and do bet- Immigration reform is an oppor- to 10 minutes. ter as we move forward. But, mostly, tunity to be true to our ideals as a na- The PRESIDING OFFICER. The Sen- we cannot shirk the responsibility of tion. Our Declaration of Independence ator has that right. our United States Senate and our announces that all of us are created Mr. CORNYN. Madam President, I United States Congress, working with equal. Today, we failed to live up to wanted to come to the floor to offer a the President, to do the right thing for that declaration for millions of men few thoughts and observations on the our country. and women who live, work, and wor- important vote we had earlier today on I yield the floor. ship beside us. But our ideals are too the immigration bill. I know many peo- The ACTING PRESIDENT pro tem- strong to be held back for long. ple are puzzled when they watch us de- Martin Luther King had a dream that pore. The Senator from Massachusetts bate big and important issues such as is recognized. children would be judged solely by ‘‘the content of their character.’’ Today, we this. What usually happens is our views f failed to make that dream come true are reduced to a bumper sticker. Par- IMMIGRATION for the children of immigrants. But ticularly on complex topics such as im- that dream will never die. It has the migration, a bumper sticker doesn’t Mr. KENNEDY. Mr. President, it is tell the whole story. So I wish to offer now clear that we are not going to power to overcome the most bitter opposition. a few thoughts on the way forward on complete our work on immigration re- this important issue. form. That is enormously dis- I believe we will soon succeed where we failed today, and that we will enact I have not found an issue in my short appointing for Congress and for the the kind of comprehensive reform that time in the Senate, now about 41⁄2 country. But we will be back and we our ideals and national security de- years, which has been more closely fol- will prevail. The American people sent mand. Soon, word will echo across the lowed and on which there has been us here to act on our most urgent prob- country about the consequences of to- more passion than the subject we have lems, and they will not accept inac- day’s vote. The American people will been debating this week and which we tion. know that a minority of the Senate voted on this morning. I have seen this happen time and blocked a record investment in border time again. America always finds a Sometimes, as we all know, passion security. way to solve its problems, expand its can produce more heat than light, but H.L. Mencken said that for every what we need is some light and some frontiers, and move closer to its ideals. complex problem, there is a simple so- It is not always easy, but it is the clear thinking and some better solu- lution—and it is wrong. A minority in tions to our broken borders and our American way. the Senate has employed a simple label I learned this first as a child at my broken immigration system than we against this bill—amnesty—and they have had so far. grandfather’s knee. He taught me that were wrong, too. in America progress is always possible. A minority in the Senate rejected a I don’t say that with the intent to His generation moved past the cruel stronger economy that is fairer to our criticize the hard work that people signs in the windows in Boston saying taxpayers and our workers. A minority have put into this effort. I am proud of ‘‘Irish Need Not Apply’’ and elected of the Senate rejected America’s own the fact that since I have been in the that son of an Irish immigrant as extraordinary immigrant history and Senate, I have tried to constructively mayor of Boston. ignored our Nation’s most urgent contribute to a solution to this prob- I learned that lesson firsthand when I needs. lem. As a member of the Senate Judici- came to the Senate in 1962. Our Nation But we are in this struggle for the ary Committee and as a former chair- was finally recognizing that the work long haul. Today’s defeat will not man of the Immigration and Border Se- of civil rights had not ended with the stand. As we continue the battle, we curity Subcommittee of that Judiciary Emancipation Proclamation, nor with will have ample inspiration in the lives Committee, now as the ranking mem- the Supreme Court’s decision in Brown of the immigrants all around us. ber, I have tried my best to contribute

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8656 CONGRESSIONAL RECORD — SENATE June 28, 2007 to a solution. But I think the one mes- we saw of this particular bill was the Immigration and Customs Enforcement sage I would take away from what we sense that Washington was trying to Service in multiple States, including saw happen earlier today is the Amer- dictate a solution about which the my State of Texas. What they found ican people, my constituents in Texas, American people had a lot of questions was this company was using the only are profoundly skeptical of big Govern- and a lot of reservations. Government program—the only Gov- ment solutions with a lot of moving I think we need to go back to basics. ernment program—known as Basic parts based on big, grandiose promises, We need to go back and listen to our Pilot, to try to match up the identity when our history has been one of not constituents. We need to talk to them of people who came to work there with delivering consistent with what we and explain to them what the problem a Social Security number. Basic Pilot promised. Let me mention what I mean is. We need to have a transparent proc- confirmed that, yes, that is JOHN COR- by that. ess that is an interactive process where NYN, and that is JOHN CORNYN’s Social In 1986, we had a big immigration we can listen to them and we can tell Security number, but that is about all bill, supposedly one to fix all the prob- them what we have learned about this Basic Pilot could tell them. What they lems. President Ronald Reagan signed issue and about some of the problems wouldn’t tell them is if it was some- that bill. I remember Ed Meese, his At- and try to come up with a solution. body else masquerading as JOHN COR- torney General, wrote a piece in I be- One of the lessons may be that big, NYN and claiming his Social Security lieve the New York Times explaining multifaceted, complex programs such number. what was going through President Rea- as this bill offered, particularly on That company sustained a huge busi- gan’s mind as he signed that amnesty something where the Federal Govern- ness loss because the Federal Govern- for 3 million people. Ed Meese ex- ment doesn’t have a whole lot of credi- ment failed it by not providing it with plained that President Reagan was told bility when it comes to actually en- a reliable means to determine whether in 1986 that if you do this amnesty one forcing the law or securing the border, people who claim to be American citi- time, that will be the end of it; you the American people are not going to zens and eligible to work were, in fact, will never have to do another one, as accept it, and I think that was re- eligible. So we have a lot of credibility long as we have enforcement of our flected in the vote we had today. we need to restore at the Federal Gov- laws that go hand in hand with that That is not the same thing as saying ernment level when it comes to enforc- grant of amnesty for 3 million people. give up, because we can’t give up. This ing the law and securing our borders. Part of the skepticism that I think problem is not going away. As some- the American people and certainly my body who represents a border State I think if we perhaps break down this constituents in Texas have had about with about 1,600 miles of common bor- big problem into smaller solutions, this bill is that they saw coupled with der with Mexico, I say we have to find step by step, and work our way through a path to legalization and ultimately a rational solution to this problem. this, we can continue to find an oppor- American citizenship for roughly 12 I know that passions have run high, tunity to solve this problem bit by bit million people that we mean it this but I, for one, am very pleased with the and piece by piece. What I saw rejected time, we are going to get serious about level of the debate in the Senate be- this morning were big, grandiose gov- border security, we are going to get se- cause, as we all know, sometimes this ernment solutions where our credi- rious about eliminating the document topic is susceptible to some pretty irre- bility was seriously lacking because of fraud and identity theft that makes sponsible language and dialog. a lack of followthrough on earlier our current worker verification system This was not a rejection of our herit- promises, particularly when it comes virtually unworkable, and they saw a age as a nation of immigrants. We are to enforcing our laws and securing our repetition of 1986. a nation of immigrants, but we are also borders. There were components of this bill a nation of laws. And I think what the I would just like to say to all my col- that I thought were actually pretty American people saw—certainly my leagues who have worked so hard on good, that represented an improvement constituents in Texas saw—is the sta- this issue that you have my commit- over the status quo. But I think some tus quo of a kind of lawlessness and a ment that I will continue to work with of the debate got a little bit hard to be- lack of commitment to simple law and you in good faith to try to solve the lieve such as when people said the only order which they wanted to see re- problems. That is what I thought my way you are going to get border secu- stored. I think if we demonstrate that constituents wanted me to do. That is rity is if you agree to a path to citizen- we have heard the message they have what I know they want me to do. They ship for 12 million people. The Amer- sent us—if we demonstrate that, yes, do not want us pointing the finger of ican people are pretty smart. They can we are serious about border security; blame. They do not want us calling see through that, and they know there yes, we are serious about enforcing the each other names. And they do not is no obvious linkage between border law—then I think we can continue that want the sort of ‘‘hyperpartisanship’’ security and a path to citizenship for 12 conversation and talk about the other that unfortunately too often character- million people. They know if we were aspects of this legislation that we need izes our activities in Washington. But serious about border security, we to continue to work on. they also don’t want to be sold a bill of would have already done it. What are the legitimate needs of goods. They do not want to be prom- So I think, at least the lesson I have American employers for legal workers? ised a lot when they know we are going learned from this vote this morning is Certainly, we would prefer that they to deliver little. not that we can give up because the get legal workers rather than workers So this is a big issue, one that is wor- problem is not going to go away. It who are not respecting our laws. Cer- thy of the greatest deliberative body in may get caught up in Presidential elec- tainly, we would all want, I would the world—the U.S. Senate—and it is tion politics and maybe part of what think, to have a system whereby some- an issue on which I assure each of my we need to do is continue this grand one can show up at a workplace and colleagues that I intend to do my part national conversation about how do we present a tamper-proof, secure identi- to try to solve. solve this problem because I don’t be- fication card and virtually guarantee Madam President, I yield the floor, lieve there is any problem that is too that they are legally eligible to work and I suggest the absence of a quorum. big for the American people to solve. in the United States as opposed to the The PRESIDING OFFICER. The Certainly, they are not waiting for kind of document fraud and identity clerk will call the roll. some pronouncement from Mount theft that now runs rampant and which Olympus in Washington, DC, about makes it impossible even for good em- The bill clerk proceeded to call the here is the answer and you have to ployers trying to honor the law to roll. swallow it. We work for the American know that the person standing before Mr. HATCH. I ask unanimous consent people. We work for the constituents them can actually legally work in the that the order for the quorum call be who sent us here. The power we get to United States. rescinded. act on their behalf comes from the bot- We recently had an example of a The PRESIDING OFFICER (Mr. NEL- tom up; it doesn’t come from the top company, a Swift meatpacking plant, SON of Nebraska). Without objection, it down. I think part of the rejection that which was the subject of a raid by the is so ordered.

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 28, 2007 CONGRESSIONAL RECORD — SENATE S8657 NOMINATION OF LESLIE It is not credible to demand that Circuit position ran into trouble when SOUTHWICK judges render decisions that serve cer- the ABA rated him not qualified. Mr. HATCH. Mr. President, as the tain political interests, whether or not My Democratic colleagues thought discussion over immigration reform the law actually requires that result. that was the most insightful, thorough, demonstrates, this body confronts It is not credible to attack Judge accurate, and definitive evaluation tough issues and can find itself em- Southwick for phrases or language in ever done on any nominee to any posi- broiled in some contentious debates. opinions he did not write. tion anywhere. Over the years, it has not been un- It is not credible to ignore the limi- The same ABA has unanimously common to see judicial appointment tations imposed on appeals court given Judge Southwick its highest well debates at the top of the list of conten- judges by the standard of review they qualified rating. That means, according to the ABA’s tious debates. And during those de- must follow. own description of its rating criteria, bates, we have seen a lot of tactics and It is not credible to say that a judi- that Judge Southwick gets the highest methods used. cial ruling against a particular party marks for such things as compassion, But some tactics are simply wrong. amounts to a judge’s personal hostility Some methods are simply inappro- against a group to which that party open-mindedness, freedom from bias priate. might belong. and commitment to equal justice. So here is the choice we face. There are some means which no ends These are some of the misleading On the one side, critics who do not can justify. Some of these wrong tac- tactics that we have seen used against know and have not worked with Judge tics, inappropriate methods, and ille- judicial nominees in the past and are Southwick look only at the results of gitimate means have been used to at- being used against Judge Southwick just a few cases and claim Judge tack the nomination of Leslie South- now. Southwick has hostile views on issues wick to the U.S. Court of Appeals for These tactics are simply not credible, such as race, when there is no indica- the Fifth Circuit. and I am amazed that my Democratic tion by anybody in Mississippi or oth- If we care about the integrity of this colleagues seem to be going along with erwise that he has any such hostility. body and the good of the judicial them. One of the sure signs that such ille- On the other side, the ABA and those branch, if we really believe that there who do know and have worked with is something more important than raw gitimate tactics are in play is that they result in a distorted, twisted cari- Judge Southwick look at his entire ideological politics, we should reject record and gave him the highest marks this attack on this good man and con- cature of a nominee that those who have long known and worked with him for compassion, open-mindedness, free- firm his nomination. dom from bias and commitment to Judge Southwick, who served for a simply do not recognize. Richard Roberts, former president of equal justice under the law. dozen years on the Mississippi Court of These two radically different pictures Appeals, has received a unanimous well the Mississippi bar, for example, says that no other lawyer in the State is as of this nominee cannot both be true. qualified rating from the American Bar I think the tactics and standards qualified as Judge Southwick to serve Association. used by Judge Southwick’s critics are on the Fifth Circuit. He has the strong support of his wrong and illegitimate, and the conclu- According to Phillip McIntosh, asso- home State Senators, both of whom are sions about him based on those tactics ciate dean at the Mississippi College Senior Members. are simply not credible. I think they School of Law where Judge Southwick He would fill a judicial emergency know that. vacancy. now teaches, a politically and racially And they certainly do not justify And though it has been obscured by diverse faculty unanimously approved doing an about-face and voting against all the hyperbolic, vitriolic, and over- Judge Southwick for a faculty position a nominee who, just months ago, re- the-top rhetoric now thrown about, the with no question about his integrity, ceived the Judiciary Committee’s Judiciary Committee just months ago fairness, or impartiality. unanimous support. approved without objection Judge A. La’Verne Edney, an African-Amer- Illegitimate tactics leading to less Southwick’s nomination. Now, for ican partner at Judge Southwick’s than credible conclusions do not justify whatever reason, the nomination is in former law firm, clerked for him on the disregarding the judgment of our col- limbo—first it is on the committee Mississippi Court of Appeals. leagues, the Senators from Mississippi, agenda without action and now not on He says that Judge Southwick ap- who are this nominee’s home State the committee agenda at all. plied the law fairly without regard to Senators. The committee looked at the same the parties’ affiliation, color, or stat- Let me close with one more point. qualifications, the same record, the ure. In their opposition letter, the Con- same man with the same character, These and other colleagues and part- gressional Black Caucus says that we and found no objection whatsoever. ners of Judge Southwick know him ‘‘should be impressed by the frequency The only difference—which is really a best. with which Southwick’s opinions and distinction without a difference—is I can only imagine their shock and concurrences have been overruled.’’ that Judge Southwick was then nomi- confusion over the wildly derogatory That is pure, unadulterated hogwash. nated to the U.S. District Court but and extreme descriptions offered by Judge Southwick authored 927 opin- now has been nominated to the U.S. Judge Southwick’s Washington-based ions and concurrences while on the Court of Appeals. critics. Mississippi Court of Appeals and only The disturbing tactics being used I can only imagine the reaction by 21 of them have been either reversed or against this nominee are certainly not those who know Judge Southwick even criticized by the Mississippi Su- new, and they are no more legitimate when those who do not know him make preme Court in 12 years. I don’t know or persuasive now than when they have such claims without knowing what of many judges who have such an un- been used against other nominees in they are talking about. blemished record. the past. I think my colleagues would agree I must say that I am indeed im- Frankly, I am amazed that anyone that the American Bar Association has pressed by the frequency with which finds them credible, let alone persua- never been accused of a conservative Judge Southwick’s opinions and con- sive. bias. currences have been overruled. Judge Southwick served on the Mis- And I think we would all agree that I am very impressed with such a low sissippi Court of Appeals for 12 years. the ABA conducts perhaps the most ex- reversal rate over such a long period of It is not credible to focus only on a haustive and thorough evaluation of distinguished judicial service. few cases among the 7,000 in which he judicial nominees. And I note that Kay Cobb, former participated and the nearly 1,000 opin- The ABA looks at the whole record; presiding justice of the Mississippi Su- ions he wrote. the ABA interviews dozens of people in preme Court, the court that reviewed It is not credible to focus only on the each case. Judge Southwick’s decisions, has writ- results of those few cases, ignoring the Let me remind everyone that the pre- ten with enthusiastic support of his facts and the law. vious nominee to this very same Fifth nomination.

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8658 CONGRESSIONAL RECORD — SENATE June 28, 2007 Justice Cobb, unlike Judge South- Judge Southwick’s outstanding legal career, As an example of the regard with which wick’s critics, has known him for many and his exemplary service to our country in Judge Southwick is held by the law faculty years and highlights his attention to The Department of Justice and as Staff at Mississippi College, he was offered a posi- promoting fairness and equality. Judge Advocate for the 155th Brigade Com- tion as a visiting faculty member following Judge Southwick has served his combat Team in Iraq. I would venture to guess his resignation as a judge for the Mississippi that his fellow judges have also expressed Court of Appeals and pending the approval of munity, volunteering with Habitat for their written support of his untiring efforts his nomination to the Fifth Circuit. The sug- Humanity since 1993. and abilities as a judge on our Mississippi gestion to make this offer was made by one He volunteered to serve his country Court of Appeals. of our faculty members, and the rec- in the Mississippi National Guard and The purpose of my letter, however, is to ommendation was unanimously approved by by joining a line combat unit that emphasize Judge Southwick’s personal vir- our faculty. We have a politically and ra- served in Iraq. tues. He is simply one of the finest, most de- cially diverse faculty, but not one note of Only months ago, the Judiciary Com- cent, kind, humble, and fair-minded persons concern about Judge Southwick’s integrity, mittee found Judge Southwick’s quali- I have ever known regardless of race or gen- fairness, or impartiality was sounded. His fications and character sufficient to re- der. appointment to our faculty was strongly port his district court nomination Judge Southwick reminds me in so many supported by all of our faculty members. I ways of Judge Charles Clark, who served for might even mention that his teaching part- without a single objection. many years as Chief Judge for the Fifth Cir- ner for Trial Practice this past semester is Judge Southwick today is the same cuit Court of Appeals, and for whom Judge an African American attorney and former man with the same qualifications, the Southwick clerked before entering the pri- Mississippi Circuit Court judge, and whom same ability, the same character, and vate practice of law. When Judge Clark Judge Southwick personally recruited to the same commitment to the rule of served on the Court of Appeals, he had it partner with him for the course. law. all—intellectual ability, superb personal and I hope that you will support the nomina- He has the strong support of his organizational skills, work ethic, commit- tion of this outstanding man to the Fifth home State Senators—both of whom ment, integrity, and a wonderful sense of Circuit. He is an exceptional candidate and are highly respected—and should be humor. I am sure you remember Judge deserving of confirmation. given the opportunity to serve on the Clark. Judge Leslie Southwick is cut from Sincerely, Fifth Circuit. the exact same cloth. PHILLIP L. MCINTOSH, Seldom will the Judiciary Committee have Associate Dean and Professor of Law. The Judiciary Committee should re- the opportunity to make an appointment port his nomination, and the Senate which will have such a lasting effect on the BRUNINI, ATTORNEYS AT LAW should confirm him, without delay, or integrity of our federal judicial system in TRUSTMARK BUILDING, a manifest injustice will have occurred Mississippi and the other states within the Jackson, MS, June 5, 2007. and will led to even more antagonism Fifth Circuit, and to solidify the reputation Re Judge Leslie Southwick Nomination. between the two sides of this body. it justifiably enjoys as the protector of our Hon. ARLEN SPECTER, We have been used to some of these rule of law, the civil rights of all citizens. Ranking Member, Committee on the Judiciary, tactics in the last 2 months of a Presi- Please do not miss this opportunity to con- U.S. Senate, Washington, DC. dent’s tenure, maybe even the last 6 firm the nomination of Judge Leslie South- DEAR SENATOR SPECTER: I am an African- wick. months, but hardly ever against a per- American partner at the law firm of Brunini, With highest regards, I am Grantham, Grower & Hewes, PLLC, where son of this man’s qualifications, and Respectfully yours, then we have usually knocked that Judge Southwick was once a member. I be- RICHARD C. ROBERTS, III. lieve in fairness for all people and salute our type of criticism down, as decent, hon- leaders for giving their lives to assure that orable Senators should knock them MISSISSIPPI COLLEGE, fairness. While I share the sentiments of down. Frankly, this President will June 4, 2007. other African-Americans that the federal ju- serve for another year and a half. He Re The Honorable Leslie Southwick. diciary needs to be more diverse, I believe has appointed a sterling, good man who Hon. ARLEN SPECTER, that Judge Southwick is imminently quali- deserves to be brought before the Sen- Ranking Member, Committee on the Judiciary, fied for the United States Fifth Circuit Court ate and confirmed. I hope my col- U.S. Senate, Washington, DC. of Appeals and write in support of his nomi- leagues will stop this tragedy and put DEAR SENATOR LEAHY: I am writing to you nation. to express my strong support for the nomina- I met Judge Southwick during my third this man on the court. He deserves it. tion of Leslie Southwick to the Fifth Circuit year of law school when I interned with the He will be great on the court. He will Court of Appeals. I have known Judge South- Court of Appeals of Mississippi. That intern- be a person who will be fair and decent wick for several years while he has been an ship allowed me an opportunity to work with for everybody. I have every confidence adjunct professor and vising professor at most of the Judges on the bench at that in him. Mississippi College School of Law. As Asso- time. I was most impressed with Judge I ask unanimous consent that the ciate Dean, hiring of adjuncts comes under Southwick because of his work ethic and his letters to which I referred be printed in my responsibilities for the law school. We serene personality. When I finished law have been honored to have him on our fac- school in 1996, I believed that my chances for the RECORD. There being no objection, the mate- ulty and look forward to a long and bene- landing a clerkship were slim because there ficial relationship with him. Our students was only one African-American Court of Ap- rial was ordered to be printed in the likewise hold Judge Southwick in highest re- peals judge on the bench at the time and RECORD, as follows: gard. there were very few Caucasian judges during LAW OFFICES OF Judge Southwick is a man of highest integ- the history of the Mississippi Supreme Court RICHARD C. ROBERTS III, rity, honor and intellect. As a judge on the or the Court of Appeals (which was fairly Ridgeland, MS, June 5, 2007. Mississippi Court of Appeals he scrupulously new) who had ever hired African-American Re Leslie Southwick. did his judicial duty in following the law in law clerks. In spite of the odds, I applied for Hon. ARLEN SPECTER, his judicial opinions. I am greatly dis- a clerkship. Judge Southwick granted me an Ranking Member, Committee on the Judiciary, appointed that some have taken the oppor- interview and hired me that same day. While U.S. Senate, Washington, DC. tunity to try to score political points by Judge Southwick had many applicants to DEAR SENATOR SPECTER: The issue of diver- characterizing Judge Southwick as intoler- choose from, he saw that I was qualified for sity seems to be the current focal point in ant or having ‘‘very fixed, right-wing world the position and granted me the opportunity. the nomination process for the vacancy ex- view,’’ seeking to imply that he would not be During my tenure as clerk with the Court, isting on the Fifth Circuit Court of Appeals. fair and impartial in applying the law. In my Judge Southwick thought through every As a former President of the Mississippi Bar, personal and professional dealings with him, issue and took every case seriously. He I understand and appreciate the desire and I can attest to his fine character. I have not earned a reputation for his well thought out need to have females and African-Americans the slightest doubt regarding his impar- opinions and his ability to produce the high- serving in our federal judiciary, particularly tiality and commitment to fairness. est number of opinions in a term. It did not when the candidates are from Mississippi. I Judge Southwick would make an out- matter the parties’ affiliation, color, or stat- venture to say, however, that no other law- standing judge for the Fifth Circuit. I know ure—what mattered was what the law said yer in the State of Mississippi is as qualified that he will uphold the law and apply it re- and Judge Southwick worked very hard to for the Fifth Circuit position by virtue of gardless of his personal view on a particular apply it fairly. Judge Southwick valued my education, experience, intellect, integrity subject. He is a very thoughtful man, a true opinions and included me in all of the discus- and temperament as the Honorable Leslie H. scholar. I also know that he is not racist and sions of issues presented for decision. Having Southwick. does not hold racist views. Such an allega- worked closely with Judge Southwick, I have I have known Judge Southwick personally tion is ludicrous, insulting, and without no doubt that he is fair, impartial, and has since 1977. I am sure you are well aware of foundation. all of the other qualities necessary to be an

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 28, 2007 CONGRESSIONAL RECORD — SENATE S8659 excellent addition to the United States and an area I still represent as the jun- came to this Chamber to express my Court of Appeals for the Fifth Circuit. ior Senator from New Jersey, an area I opposition to the deal that was an- In addition to serving our State, Judge have fond memories of because of the nounced because I believed it was defi- Southwick has also honorably served our country. During his mission to Iraq in 2005, power of what it means. From that cient in some regard and to say that I Southwick found the time to write me often same park we can cross a bridge and go would work to improve it. Looking to let me know about his experiences there. to Ellis Island, a place to which mil- back at what I said then, in light of to- Upon his return to the United States, Judge lions came to America to start a jour- day’s vote, it was strikingly clairvoy- Southwick shared with others his humbling ney, a journey that contributed enor- ant to me, to say the least. experience serving our country. It is clear mously to its great promise, enor- I said on that day we must come to- from his writings and speaking that he mously to the great country that it is gether not as Democrats and Repub- served with pride and dignity. today. licans or liberals and conservatives but Other the years, Judge Southwick has I rise to discuss the recent cloture as statesmen and, in doing so, honor earned the reputation of being a person of high morals, dignity, and fairness. It is un- vote on immigration with that context the traditions of the Senate as a body fortunate that there are some who have in mind. The Senate had a historic op- that values reasoning, honest debate, made him the chosen sacrifice to promote portunity to move forward today with and compromise over sound bites and agendas and have set out to taint all that comprehensive immigration reform talking points but especially over the Judge Southwick has worked so hard to ac- that truly secured our borders, that re- politics of fear. complish. I am prayerful that those efforts alized the economic realities of our Unfortunately, today, the voices that will not preclude Judge Southwick from time and allowed people the oppor- appealed to that fear and the lowest serving as our next Judge on the United tunity to come out of the shadows into common denominator won out. Only 12 States Court of Appeals for the Fifth Circuit. If additional information is needed, please the light to earn their legalization. of our Republican colleagues were will- feel free to contact me. Unfortunately, the Senate decided to ing to stand up and vote to invoke clo- Yours truly, maintain the status quo, a status quo ture, almost half of those who voted for A. LA’VERNE EDNEY. of broken borders, that does not meet last year’s bipartisan immigration bill. our economic challenges, and that per- Only 12 Republican colleagues were SUPREME COURT OF MISSISSIPPI, mits human exploitation and traf- willing to move forward, at least for Jackson, MS, June 5, 2007. ficking to take place. the final essence of debates and amend- Re Judge Leslie H. Southwick. As someone who was part of the early ments, and to a final vote, which is Hon. ARLEN SPECTER, negotiations back in March of this year about half of those who voted last year Ranking Member, Committee on the Judiciary, on the question of immigration reform, for immigration reform. U.S. Senate, Washington, DC. I maintained then that the administra- Now, personally, I still had serious DEAR SENATOR SPECTER: This letter is enthusiastically written to urge you and the tion had leaped away from the largely concerns about the direction of the Committee to confirm Leslie H. Southwick bipartisan bill of last year that re- bill, but I voted to keep it alive be- to serve on the Fifth Circuit Court of Ap- ceived 23 Republican votes and 39 cause I wanted to work to make it bet- peals. I’ve known him for many years and Democratic votes to a much more con- ter and because I believe in comprehen- I’m honored to give him my highest rec- servative, much more impractical, and sive immigration reform as something ommendation, without reservation. In every a much more partisan proposal this that is in the national interest and na- way he is worthy to serve. year. I was unable to join several of my tional security of the United States Judge Southwick’s scholarship and character are stellar. The opinions he wrote dur- colleagues in what has become known and because America’s promise and its ing his ten years on the Mississippi Court of as the grand bargain. I acknowledge security should not have been snuffed Appeals reflect his thoroughness and fair- and appreciate several of those who ad- out by one single vote. ness, as well as the depth of his knowledge vocated, because we were only on the I said back on that day in May that and the quality and clarity of his reasoning floor on immigration reform, truly a I could not sign on to the agreement and writing. critical issue for this country, as a re- because it tore families apart, and it In every aspect of his legal career and life sult of their leadership, colleagues such says to many they are only good in general, Leslie Southwick has excelled. He as Senators KENNEDY and SALAZAR and enough to work here and give their has a long and consistent record as a devoted family man, a courageous military leader, an GRAHAM, to name a few, who truly be- human capital and slave but never accomplished author, and an excellent appel- lieved in that opportunity; at the same good enough to stay here. But instead late judge. His awareness and attention to time, because of the leadership of the of responding to those erstwhile con- promoting fairness and equality with regard majority leader, who was willing to cerns from those of us willing to be to race and gender are exemplary. take on one of the most contentious supportive of comprehensive immigra- Our country needs conscientious and inde- issues, an issue that has been conten- tion reform, the appeal was constantly pendent judges of impeccable integrity and I tious throughout our country’s history. made to the right of the spectrum, to cannot think of anyone who better qualifies those who actually achieved some of for this appointment! I have often remarked on the floor how Sincerely, on the question of immigration, it is the things they wanted in the bill but, KAY B. COBB (1999–2007) interesting to have heard the language obviously, never even intended to vote Mr. HATCH. I suggest the absence of of those debates at different times in for comprehensive immigration re- a quorum. our history. form—not even to vote to allow it to The PRESIDING OFFICER. The Ben Franklin referred to no longer move forward. As it moved to the clerk will call the roll. being able to accept those who were right, it got less and less support from The legislative clerk proceeded to coming to our shores in negative the right. call the roll. terms. He was talking then about the Unfortunately, instead of working Mr. MENENDEZ. I ask unanimous Germans. The former Governor of Mas- with those of us who were willing to consent that the order for the quorum sachusetts, in the early 1900s, said that, not only work to improve this bill but call be rescinded. in fact, they are sending the most illit- also put our votes where our mouths The PRESIDING OFFICER. Without erate of their people to our shores. He were, they kept giving in to demand objection, it is so ordered. was talking then about the Irish. In after demand from conservative Repub- f 1925, in an official report of the Los An- licans, and in turn this bill moved fur- geles Chamber of Commerce, they said: ther and further to the right. IMMIGRATION We need the Mexicans because of their In fact, at least two Members who Mr. MENENDEZ. Mr. President, from bending and crouching habits which were at the press conference on May 17 my State of New Jersey and that part the whites cannot attain themselves to and got things included in the bill of the State in which I live, we can al- in order to pick our produce. We had voted against keeping this process most touch Lady Liberty. She is that the Chinese exclusionary provisions. moving forward by voting against clo- close to us from a State park called So while this has always been a wel- ture today. Liberty State Park, an area I had the coming country, the debate has not Ultimately, in my mind, this came unique privilege of representing in the been as welcoming. On that day when down to a President and a party who House of Representatives for 13 years the ‘‘Grand Bargain’’ was announced, I was, once again, there for the photo

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8660 CONGRESSIONAL RECORD — SENATE June 28, 2007 ops and the press conferences but was the House. Would it not be better for in this bill; we should not rely on a not willing to roll up their sleeves and all of us to have a more open and fair small group of our colleagues to re- do the hard work to improve this bill debate on border security and immigra- solve those issues in an unamendable and help it move forward for our Na- tion that is not subjected to unneces- conference report. tion: a Republican Party that was not sary deadlines and closed-door deci- Lastly, I have been told that this bill about progress but about partisanship; sionmaking? would have an interesting and unin- a Republican Party that was not about In addition, as a border State Sen- tended effect in my home State of New solving our Nation’s problems but ator, I know first-hand the need to se- Mexico. As I understand it, New Mexico seeking political gain by stopping cure our borders because every day my State law would allow all Z visa hold- progress of any sort in this Senate; the constituents tell me about the prob- ers under this bill to qualify for Med- same President who used large lems they face because of illegal en- icaid. That matter needs to be reviewed amounts of political capital misleading tries into our country. We have a crisis and its impacts fully considered so that our country into a disastrous war in on our borders that must be resolved. the Congress can avoid unintended ef- Iraq, with little political capital on However, instead of pursuing imme- fects of this bill. truly improving our Nation’s security diate emergency funding to help secure For all of these reasons, I decided to through tough yet practical and com- our border, S. 1639 cobbles border secu- vote no on the motion to invoke clo- prehensive immigration reform; a rity improvements and funding with ture on S. 1639. We need improved bor- President who used political capital on some concerning immigration reforms. der security and immigration reform. tax cuts for the wealthiest in our coun- While the bill also provided $4.4 billion Mr. KERRY. Mr. President, last try but not on truly meeting our Na- to fund these border security initia- night there was a vote on a critical tion’s economic needs through fair and tives, that money was contingent upon amendment to the immigration bill, comprehensive immigration reform; final passage of the bill by Congress, Senator BAUCUS’ proposal to strip any and it is either a President who has no something that appears to be less than reference to REAL ID in the under- political capital or one who was not a sure thing. lying bill. This, truly, is a case of addi- willing to use it. What is clear to me is that the Amer- tion by subtraction. Finally, throughout my life, and ican people want the measures in the REAL ID—astronomically expensive, most recently on the Senate floor, I bill—like providing 20,000 Border Pa- personally intrusive, controversial, and have heard the phrase ‘‘those people’’— trol agents, constructing 370 miles of unrealistic, passed by the last Congress ‘‘those people.’’ Those who use that border fencing and 300 miles of border without real scrutiny—is precisely the phrase are the voices of division and vehicle barriers, putting 105 radar and kind of impractical trigger that could discrimination. They are the camera towers on the border, and using derail comprehensive immigration re- xenophobes who exist today and have four unmanned aerial vehicles for bor- form. existed at different times in our Na- der security—in place before we ad- Unless we amend this bill, real re- tion’s history but whose voices have ul- dress the millions of unauthorized form will have to wait for REAL ID. timately been overcome to give way to aliens living and working in the United Consider the groups lined up against it: the greatest successful experiment in States. Therefore, I believe it would be not just the ACLU, but also the Na- the history of mankind—the United more appropriate to provide $4.4 billion tional Conference of State Legisla- States of America that we know today. in border security funding in a separate tures, and the National Governors As- But the last phrase of Emma emergency spending bill to fund these sociation. Since REAL ID passed in the Lazarus’s poem emblazed on the inner border security initiatives. last Congress, 16 States have enacted wall of the pedestal of the Statue of Additionally, I remain concerned anti-Real ID bills or resolutions. An- Liberty says: about the amendment process associ- other 22 States, including my own, I lift my lamp beside the golden door! ated with this bill. More than 300 have anti-Real ID bills and resolutions Maybe today that lamp is somewhat amendments were filed to this bill’s pending in their State legislatures. dimmer, but it will shine again. The predecessor, S. 1348, and almost 150 Why are they so opposed to REAL course of history is unalterable, the amendments have been filed to S. 1639. ID? They are opposed because it sets an human spirit cannot be shackled for- However, we were only allowed to con- unreachable standard and offers States ever, the drumbeat for security, eco- sider 26 amendments to S. 1639. Border almost no financial help in meeting it. nomic vitality and, most importantly, security and immigration reform are Conservative estimates State that it justice will only grow stronger. the most important domestic issues would cost $23 billion to fully imple- Finally, to those who have often re- facing the United States today. Clearly ment REAL ID. This legislation only ferred to ‘‘those people’’ in this debate, the Senate, the most deliberative body authorizes $1.5 billion for States and let me say on behalf of ‘‘those people,’’ in the world, should be allowed to con- the President didn’t ask for a single we have seen the light, and we simply sider additional amendments that dollar for REAL ID in his budget re- will not be thrust back into the dark- could improve upon this bill. While one quest. That means that States would ness. of my amendments is part of the pack- have to shoulder a $21 billion burden. Mr. DOMENICI. Mr. President, I rise age of amendments that was allowed to That is an enormous unfunded man- today to discuss my vote against clo- be considered to this bill, I had other date. ture on S. 1639, the border security and good ideas to make this bill better for This crushing financial burden on immigration reform bill debated by the New Mexico, the southwest border, and States is bad enough—but REAL ID Senate this week. the United States. Many of my col- poses a security risk as well. Its re- I support some of the proposals be- leagues on both sides of the aisle did quirements expose people’s personal hind S. 1639 because we must address too, and we deserve an opportunity to data to theft by creating a massive our border and immigration crisis. consider those amendments. pool of highly sensitive personal infor- However, I was forced to vote no on the Also, some of the provisions that I mation such as Social Security num- motion to invoke cloture on S. 1639 for initially supported in this bill have bers, birth certificates and driving in- several reasons. been amended to the point that the bill formation. The bill before us is neither workable no longer has its initial purposes. For Even if States could pay for this new nor realistic. Additionally, many Sen- example, the temporary worker pro- program it would require a tremendous ators do not even know what is in the gram that is critical to so many indus- amount of personnel and work to get latest version of the bill. tries in my State does not meet those this done. The Massachusetts DMV has It is also pretty clear to this Senator industries’ needs. estimated it would take 10 years to re- that anything similar to S. 1639 is dead Further, I am concerned by state- enroll current citizens with licenses on arrival in the House of Representa- ments by members of the bipartisan alone, which would place them beyond tives. I question the rationale of pass- border and immigration working group the 2013 deadline in the bill. ing a bill that has so many flaws when that some issues of concern in S. 1639 REAL ID is profoundly flawed—That several Members of the House have said will be resolved in conference. The Sen- is why six States have passed laws that this bill will not even be considered by ate should debate the issues of concern prohibit it from being implemented at

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 28, 2007 CONGRESSIONAL RECORD — SENATE S8661 all. These States will never be REAL Washington, DC, and our offices in our from constituents expressing their con- ID compliant and that is why its inclu- home States with calls and e-mails so cerns with various provisions of the sion in the immigration bill is so dan- much so that our phone system cannot bill. gerous. keep up. The people of Wyoming have While I commend the bipartisan Immigration reform is difficult made it clear to me that they do not panel of Senators that has worked tire- enough without conditioning it on an support this legislation. They want lessly to negotiate this legislation, I unfeasible, unfunded mandate that something to be done to address our must express my disappointment in the States are not only unwilling but in borders, but do not support the blanket manner in which the bill’s proponents some cases legally bound not to meet. amnesty of this bill. have sought to move this bill through Squaring that circle should not be a The current situation of an open bor- the Senate. precondition for a much larger need: der and an overly complex hiring proc- I, for one, am supportive of com- providing real immigration reform for ess encourages illegal immigration and prehensive immigration reform and for the American people. the hiring of illegal workers. Once we many of the approaches outlined in I am proud to have supported the improve these situations, we can deter- this bill. We simply cannot be asked to Baucus-Tester amendment to remove mine what steps may be necessary for live with the status quo. However, once this dangerous and nonsensical provi- addressing the illegal immigrant popu- again, there are several huge problems sion from the underlying bill. I hope lation. with this bill, and I believe that a more that we will be able to move forward We should not, however, even be con- thorough vetting of this legislation and create a fair, reasonable and com- sidering amnesty. Amnesty encourages through debate and amendment could prehensive immigration bill that this illegal immigration. In 1986, 7 million have fixed those problems and ensured country so desperately needs. immigrants were granted amnesty. that it contained policy changes the Mr. LEVIN. Mr. President, our immi- Today we are facing an illegal popu- American people would support. gration system is broken and needs re- lation of over 12 million. The 1986 am- As many have observed throughout form. Undocumented immigrants flow nesty did not stop illegal immigration. this debate, there are currently mil- through our porous borders. Employers We should not repeat this policy with- lions of illegal immigrants residing hire them with near impunity. Our out ensuring that we are not making within our Nation’s borders. No one Government lacks the ability to ade- the same mistake. knows exactly how many, only that quately detect unauthorized employ- This is a complicated issue that will they are here, they are working, and, ment, while employers in sectors such directly impact businesses across the in large part, they contribute to our as agriculture, Michigan’s second larg- United States. Improvements are need- economy. We also have many businesses and in- est industry, fear that their crops will ed in employer verification processes, dustries that must have access to for- go unpicked for lack of legal, author- but those improvements cannot be eign labor, especially during this time ized workers. The bipartisan com- made in legislation forced through the when, while are seeing record lows in promise bill before the Senate was an Senate by vote trading. People who unemployment, we still have a short- opportunity to make progress on a break laws should be held accountable age of workers. very difficult problem. for their actions. This means better en- Under the status quo, employers are The first step in immigration reform forcement of our current laws, both on too often forced to make a decision be- must be stronger border security. Al- the border and by employers. Employ- tween hiring illegal workers and won- though there were some provisions in ers must be given the tools to verify dering whether our inefficient and the bill before the Senate that I did not legal workers and be held accountable often arbitrary enforcement efforts support, this legislation had strong when they knowingly hire illegal im- will catch up with them or abiding by border security measures, even strong- migrants. the law and closing the doors of their er than the ones we debated a few We in the U.S. Senate still have the businesses. weeks ago. In fact, it contained the opportunity to do some good. We can We need to find a fair, compassionate funding for the enhanced border secu- go back to our committee process and and lawful way to deal with the illegal rity. draft legislation that could help our immigrants already this country. We We need a more secure, more sen- Border Patrol do their jobs. We can put need to create a guest worker program sible, and fairer system of immigra- together an employee verification sys- for those businesses in need of foreign tion. Because of filibusters in the Sen- tem that actually works and does not workers. And, we need to improve the ate we have been unable to fully con- run small businesses out of business system by which we legally distribute sider and amend the bill. We do not through fines. There could be a lot of visas and green cards to make it more know what the final language might solutions for securing our border and fair and efficient. have been, and we were unable to vote making sure that people who are hired The authors of this legislation have on amendments which we favored. We are legal immigrants. We can improve tried to address these issues in the cur- should have finished the consideration the way that temporary seasonal work- rent bill, and I applaud them for their of those amendments to determine er visas and agricultural worker visas efforts. However, they addressed them whether or not the final product was an are processed. in various ways that, in the minds of improvement on the status quo. To do Rewarding bad behavior only encour- many, make this bill completely un- that, cloture was required to end the ages more bad behavior. We will not workable and ineffective. The policies filibuster. I am disappointed that the encourage more bad legislative behav- proposed by legislation are almost im- Senate was thwarted in that endeavor. ior by going forward with this legisla- possible to implement and even if they Mr. ENZI. Mr. President, I opposed S. tion. could be implemented, there are so 1639, the immigration reform bill, and Mr. HATCH. Mr. President, I rise many loopholes and exclusions that al- the motion to invoke cloture on this today to speak of my vote against clo- most every solution in the bill can and flawed piece of legislation. ture on the motion to proceed to S. will be bypassed by those who want to Our immigration system is com- 1639, the comprehensive immigration continue to exploit the system. I am plicated. Our borders remain open. We reform bill. This issue continues to be convinced that many of my colleagues cannot have immigration reform with- a divisive one, both in the halls of Con- understand these concerns and even out strengthening the security of our gress and throughout our Nation. In- agree with my assessment, but they borders. This unsound bill cir- deed, many people throughout the are so anxious to end this debate and cumvented our Senate process and at- country have strongly held views when reach a successful conclusion they tempted to buy off support by throwing it comes to our Nation’s immigration compromised several core values that in carrots for Senators in exchange for policy. In fact, over the past month, I Americans hold dear and made dam- their support. have heard from countless Utahns who aging concessions. The American people understand have contacted me with their views on The provisions of this bill were nego- what is going on here in the Senate de- immigration reform. I expect that tiated and vetted in secret. It was then bate and they understand what cloture every Senator’s office has been over- brought to the floor where the appar- means. They are flooding our offices in whelmed with calls, emails, and faxes ently shaky coalition that drafted the

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8662 CONGRESSIONAL RECORD — SENATE June 28, 2007 legislation have, throughout this proc- mittee hearings, expert testimony, and The PRESIDING OFFICER. The Sen- ess, voted as a block to prevent the a public markup. ator from Michigan is recognized. passage of any so-called ‘‘deal-break- Strangely enough, this is the precise Mr. LEVIN. Mr. President, I yield ing’’ amendments. At several points criticism meted out by the Democrats myself 8 minutes. during the debate, members of this coa- when they were in the minority last I support the nomination of LTG lition have admitted that the amend- Congress. Now that control of the Sen- Doug Lute to be Assistant to the Presi- ments in question would, in their opin- ate has changed hands, it seems the dent and Deputy National Security Ad- ion, improve the overall bill. Yet, in an Democrat requirement for regular viser for Iraq and Afghanistan. effort to preserve the coalition, they order is not necessary anymore. Lieutenant General Lute is an ac- have worked together to prevent the Mr. President, we have been told that complished senior officer with a distin- passage of even some of the most rea- this is our last chance to pass immigra- guished record and great experience in sonable, commonsense amendments. tion reform for several years. I dis- both military tactics and national se- Then, after an initial attempt to end agree. Once again, there were other ap- curity strategy and policy. Lieutenant the debate failed, the majority leader proaches that could have been taken to General Lute has been serving as the agreed to let the debate go forward and pass this legislation, and these options Director of Operations, J–3, on the to have votes on a number of amend- remain available. In addition, there are Joint Staff since September of 2006. Im- ments. Initially, this sounded good. many areas of agreement when it mediately prior to this assignment, he However, it soon became clear that, in comes to immigration. Therefore, I be- served for more than 2 years as the Di- another effort preserve this shaky, lieve that we can find a way to address rector of Operations, J–3, at U.S. Cen- flawed compromise, the only amend- our immigration problems that will tral Command, overseeing combat op- ments that would be voted on were satisfy the American people. erations in Iraq and Afghanistan and those of the majority leader’s own But, to do that, we need a process other operations in the CENTCOM area choosing. that is fair and open. The process we of responsibility. I don’t believe that anyone should be have followed in this case has been too While I know of no concerns as to criticized for their willingness to com- limiting and, as a result, we have a bill General Lute’s qualifications for the promise. Clearly, compromise is a vital that the vast majority of Americans position to which he has been nomi- part of what we do in the Senate. How- will not support. That being the case, I nated by the President, there have ever, we simply cannot value com- oppose this effort to end debate and to been some other concerns expressed promise for compromise’s own sake. In- push this bill through. about this nomination. The first con- deed, we should not push through such Mr. President, I yield the floor and cern questions the need for the position fatally flawed legislation simply be- suggest the absence of a quorum. itself as well as the potential for confu- cause it is the product of compromise. The PRESIDING OFFICER (Mr. sion as to who is responsible for Iraq Compromise—the means by which the SALAZAR). The clerk will call the roll. and Afghanistan policy. On the one Senate passes legislation that will ben- The legislative clerk proceeded to hand, the position implies a direct and efit our Nation—is not an end unto call the roll. independent relationship with the itself. Mr. LEVIN. Mr. President, I ask President as Assistant to the Presi- Yet, too many of my colleagues seem unanimous consent that the order for dent, and on the other hand, as Deputy all too willing to simply push this leg- the quorum call be rescinded. National Security Adviser for Iraq and islation through simply to preserve The PRESIDING OFFICER. Without Afghanistan, the position implies sub- this great compromise. In fact, it al- objection, it is so ordered. ordination to the National Security most appears as if some would consider f Adviser. our efforts successful if we were simply One can argue that the responsibility able to bring this bill to passage, re- EXECUTIVE SESSION for Iraq and Afghanistan policy clearly gardless of what the bill looked like belongs to the National Security Ad- and regardless of what its effect would viser, as well as the responsibility for NOMINATION OF LIEUTENANT be on our immigration system. How- directly advising the President on GENERAL DOUGLAS E. LUTE TO ever, I believe that if we were to follow those issues. Creating a position with BE ASSISTANT TO THE PRESI- this course, we would be wasting an op- ambiguous subordination to the Na- DENT AND DEPUTY NATIONAL portunity to provide real reforms to tional Security Adviser could need- SECURITY ADVISER FOR IRAQ our Nation’s immigration policy and to lessly complicate and confuse an al- AND AFGHANISTAN provide real solutions for our Nation’s ready confused policy process. I, too, many immigration problems. Mr. LEVIN. Mr. President, I ask have some concerns in this regard but It is not a novel idea to suggest that unanimous consent that the Senate not to the extent that I will oppose the there was a better way to approach now proceed to executive session to President’s decision to create such a this problem. That way, Mr. President, consider Calendar No. 165, the nomina- position. was the process by which we approach tion of LTG Douglas Lute; that the The other concern which has been ex- all issues of this magnitude. This bill time until 3 o’clock be for debate on pressed is that appointing an Active- was brought to the floor without hav- the nomination, equally divided be- Duty military officer to such a polit- ing gone through the committee proc- tween myself and Senator WARNER or ical position is a practice which should ess. This is never a good sign for any his designee; that at the conclusion or be avoided in that for the officer in piece of legislation. Whenever you by- yielding back of time, the nomination question, it needlessly blurs the dis- pass the regular order of the Senate, be laid aside and the Senate return to tinction between recommendations he there will undoubtedly be a significant legislative session in morning business; might make based on unbiased profes- portion of our constituents who feel as and that at 4 p.m., the Senate return to sional military judgment and those if their views don’t count. The Senate executive session and the vote on con- based upon or colored by political con- has used and maintained the com- firmation of the nomination of Lieu- siderations. In a larger sense, it is mittee structure for over 200 years, and tenant General Lute. counter to the traditional American it has served the American people well. I also am hopeful that there will be approach to civil-military relations. In this case, refusing to use the time- some votes on judicial nominees as For the individual officer, it may also tested committee structure has been a well today, but that has not yet been create difficulties in subsequently re- recipe for disaster. cleared. turning from a political position to a The decision to bring this bill di- The PRESIDING OFFICER. Without uniformed, apolitical, military posi- rectly the floor robbed many Senators objection, it is so ordered. tion. I emphasize that General Lute of an opportunity to examine the bill The clerk will report. will remain on active duty during this thoroughly and publicly express their The assistant legislative clerk read period. concerns. In addition, it made certain the nomination of Douglas E. Lute, De- However, this would not be the first that the bill would come before the en- partment of Defense, Army, to be Lieu- time that uniformed military officers, tire Senate without the benefit of Com- tenant General. remaining on active duty, have served

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He later commanded the second don’t believe it should be the norm for reconciliation benchmarks, such as im- armored cavalry regiment in 1998 to a military officer to serve in these plementing legislation for the equi- 2000, and the multinational brigade kinds of positions, I do not believe this table distribution of revenues from oil east in Kosovo in 2002. In 2003, he was should be a disqualifying concern in sales, de-Baathification, and constitu- assigned as deputy director of oper- rare circumstances such as this, and tional amendments, that would lead to ations in headquarters European com- therefore should not disqualify General reconciliation among the three main mand and, in that capacity, played an Lute from his nominated position. Iraqi groups. Progress is not apparent important role in responding to the im- I do believe, however, that General in those critically important political pending humanitarian crisis in Liberia. Lute has been nominated for an reconciliation areas—again, the stated It was in that context that I first met unenviable position. He will be respon- purpose of the surge. this distinguished officer. sible for bringing coherence to an inco- I believe the only chance to get Iraqi General Jones was, at that time, herent policy—a policy that is still politicians to stand up is when they NATO commander. I talked with him floundering after more than 4 years of know we are going to begin to stand about the problems we were experi- war in Iraq. down. Our soldiers risk their lives encing over the African coast at that General Lute told the Armed Serv- while Iraqi politicians refuse to take time. As you may recall, elements of ices Committee that ‘‘the position is political risks and make the necessary the Marine Corps and other Naval units an advisor and coordinator, without di- compromises to promote reconcili- were sent down there to try to—and in- rective authority beyond a small ation. Those are the compromises deed they did—succeed in contributing staff.’’ He further said that the ability which everybody agrees must be made to a cessation of a lot of the tensions to move policy forward had to do more if there is going to be any hope to end which could have erupted into a civil with such factors as ‘‘Presidential di- the violence in Iraq. We cannot con- war. rection and support, acceptance by tinue to have the lives of American At that time, General Lute was di- other policy principals, broad commit- servicemembers held hostage to Iraqi rector of operations for the U.S. Cen- ment to a common cause, cultivated political intrigue and intransigence. tral Command, where he served over 2 interpersonal relationships, personal I hope once General Lute is con- years. I was privileged to join him off integrity, and meaningful results.’’ firmed, he will be willing and able to the coast aboard those naval vessels, Secretary Rice, described as a close redirect Iraq policy to exert maximum and he accompanied me when I went in personal friend of the President—in- pressure on Iraqi leaders to achieve po- and worked with the Ambassador in deed almost a family member—was ei- litical reconciliation. The beginning of the incipient days of that potential ther not able to get that Presidential that is a phased redeployment of conflict. direction and support or not able to United States troops from Iraq. That is As a key member of the joint staff, I employ it to bring coherence to the the only leverage on those leaders with visited him many times in the Depart- President’s policy. One must wonder any hope of success, with them finally ment of Defense and received excellent how General Lute can be expected to be understanding that their future is in briefings from him about the worldwide more successful. their hands and we cannot save them situation. I have witnessed firsthand It is no secret that several retired from themselves. the extraordinary, professional capa- four-star general officers were offered But as for today’s nomination, I sup- bilities of this fine officer. the position and turned it down. Ac- port the confirmation of LTG Douglas In the estimation of GEN David cording to media reports, one reason Lute to be the special assistant to the Petraeus: given by one of the generals was that President and the Deputy National Se- the administration remains fundamen- curity Adviser for Iraq and Afghani- Doug Lute knows Iraq. Doug Lute knows tally divided on how to carry out the stan. Iraq, the region, and in Washington will be a conflicts in Iraq and Afghanistan. Re- I yield the floor. great addition to the team that is striving to achieve success in Iraq. He is also a doer. tired Marine GEN Jack Sheehan, who The PRESIDING OFFICER. The Sen- declined to be considered for the posi- ator from Virginia is recognized. Ambassador Crocker added: tion, said: Mr. WARNER. Mr. President, I note General Lute’s knowledge and experience The very fundamental issue is, they [the with great respect and approval the will make him a valuable partner to our ef- administration] don’t know where the hell Senator’s comments to support his forts in Iraq. I look forward to working they’re going. nomination. The Senator and I have closely with General Lute in the coming months. General Sheehan reportedly ex- discussed this nomination, and I pressed concern that the hawks within strongly endorse the President’s nomi- There has also been some indication the administration, including Vice nation of General Lute and welcome that people are concerned about the President CHENEY, remain more power- the support of our distinguished chair- precedents connected with this assign- ful than the pragmatists looking for an man of the committee. ment. I will put into the RECORD a list exit strategy in Iraq. This does not The Senator made reference to Gen- of individuals who have served Presi- bode well for General Lute. eral Sheehan and others who appar- dents in this capacity over the past It is no secret that General Lute ently had some contact with the White years. Notably among them were Gen- himself questioned the so-called surge House personnel, and others, regarding eral Haig, military assistant to the strategy for Iraq before its announce- possibly taking on this assignment. In President for national security affairs; ment by President Bush last January. no way can I believe their comments Lieutenant General Scowcroft; Admi- Indeed, General Lute confirmed that should be held against the distin- ral Poindexter; GEN Colin Powell; Gen- doubt at his hearing. guished nomination of General Lute. eral Kerrick; GEN Michael Hayden, Di- The surge is now complete, and the They are part of the public records, but rector of Central Intelligence at the results are not very promising. Amer- I think sometimes when the President present time and on active duty. ican casualties are at some of the high- speaks with individuals about the pos- I ask unanimous consent that this est levels of the war, sectarian violence sibility of serving him, those matters list be printed in the RECORD. is rising again after a short reduction, are best left confidential—for any There being no objection, the mate- and the insurgency is as active as ever, President. I certainly treat them that rial was ordered to be printed in the especially in the use of mass casualty- way. I was somewhat taken aback by RECORD, as follows:

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Rank/Name Position From To

GEN Alexander Haig ...... Military Assistant to the Presidential Assistant for National Security Affairs ...... 1969 1970. GEN Alexander Haig ...... Deputy National Security Advisor ...... 1970 1973. GEN Alexander Haig ...... White House Chief of Staff (Nixon) ...... 1973 1974. LTG Brent Scowcroft ...... Deputy National Security Advisor ...... 1973 1975. ADM John Poindexter ...... Deputy National Security Advisor ...... 1983 1985. ADM John Poindexter ...... National Security Advisor ...... 1985 1986. LTG Colin Powell, USA ...... Deputy National Security Advisor ...... 1987 1987. LTG Colin Powell, USA ...... National Security Advisor ...... 1987 1989. LtGen Donald Kerrick, USAF ...... Deputy Assistant to the President for National Security Affairs ...... 1997 1999. LtGen Donald Kerrick, USAF ...... Deputy National Security Advisor ...... 2000 2000. Gen Michael Hayden, USAF ...... Director of Central Intelligence ...... 2006 Present.

Mr. WARNER. I would also put this Mr. SESSIONS. Mr. President, I ask not of the Department of Defense but into the RECORD at this point. I solic- to be notified after 5 minutes. the Department of Justice. If your ited the White House’s views regarding The PRESIDING OFFICER. The court system is not working, if you any legalities of this nomination. I Chair will so notify the Senator. don’t have an adequate jail system, if have the letter of Mr. Fielding, counsel Mr. SESSIONS. Mr. President, I you can’t get the water turned on or to the President. I ask unanimous con- think Senator LEVIN and Senator WAR- the electricity turned on, our soldiers sent that it be printed in the RECORD. NER have pointed out the fact that this are at an increased risk to their safety. There being no objection, the mate- is not an unprecedented appointment So it is absolutely critical that all rial was ordered to be printed in the and that it is consistent with what has our agencies of Government work to- RECORD, as follows: been done before. People have their gether, agree, work out differences, and THE WHITE HOUSE, own ideas about how the chain of com- create the greatest possible oppor- Washington, DC, June 26, 2007. mand should work, but that is fun- tunity for those fabulous soldiers we Hon. JOHN WARNER, damentally the question to be an- have sent to be successful in helping to U.S. Senate, swered. create a stable and decent government Washington, DC. Let me join with Senator WARNER in in Iraq. It is not at the level of co- DEAR SENATOR WARNER: This is in response saying how much I admire the record operation we need. We have not gotten to your inquiry as to the constitutionality of of General Lute. He is a three-star gen- the President of the United States appoint- to that level. ing an active duty military officer to serve eral. He was a director of operations at I am telling my colleagues, I have in the White House Office as Deputy Na- the operational section of Central seen it. The Department of Defense is tional Security Advisor to the President and Command for 2 years. He is intimately here, the Department of Justice is Assistant to the President. familiar with the Middle East. He has here, the Department of State is here. There is no constitutional issue arising by demonstrated in his positions with the The Department of Defense—probably virtue of such service. All military officers Department of Defense in recent years in frustration, I will say it this way. I are part of the Executive Branch of our gov- with the joint staff his willingness to ernment, and there is no break in their chain said we probably would have been bet- of command, as the President’s constitu- question ideas that many consider pop- ter off just giving everything to the tional duties include his role as Commander- ular. In fact, it is reported that he Department of Defense. They are pret- in-Chief of the United States Armed Forces. asked a lot of tough questions about ty doggone competent in what they do. Likewise, such an appointment is consistent the surge, and how that would go, and But the State Department has huge re- with U.S. law. See 10 U.S.C. § 601. how it should be handled if done. I sponsibilities in Iraq. Therefore, the As you are aware, in the past our Nation think, if anything, we know for sure Defense Department steps back and has been served by active duty military offi- that he will do what he believes is in they interface, but State has respon- cers holding the same position; to wit: Gen- America’s interests. sibilities, Justice has responsibilities, eral Brent Scrowcroft, Admiral John Let me tell you why I truly believe Poindexter, General Colin Powell, General and Interior has responsibilities in Donald Kerrick. we need a position such as this and a Iraq. Virtually every department and Thank you for your inquiry. I am pleased man like General Lute. We have about agency does. They are not at the high- to be able to respond. 170,000-plus soldiers in Iraq and Afghan- est level of effectiveness, in my view. With best regards, istan. They are serving us in a dan- It is not as important, I have to say, Sincerely, gerous area of the world. We know and for Justice to get a court system up FRED F. FIELDING, have had so many colleagues say—and Counsel to the President. and running as it is for the Defense De- Senator LEVIN is most articulate in partment because it is their soldiers at Mr. WARNER. Mr. President, I feel saying this—it is more than just the risk if we don’t create a good justice that this gentleman, General Lute, is military; there is a political settle- system in Iraq. eminently qualified, as the President ment, there is reconstruction, there I thought we needed somebody such has indicated. It is the personal prerog- are economic issues involved, oil and as General Lute to go into Iraq, go into ative of the President to select those gas, water, electricity, which are all Afghanistan, and find out what is going who wish to advise him in a confiden- key components of having a govern- on and be able to tell the President tial vein. General Lute will undertake ment effective in Iraq that serves the where the problems are. When there is that with great distinction. people of Iraq and Afghanistan. a dispute between agencies, one person The PRESIDING OFFICER. The Sen- This is important. The problem is we can fix it, and that is the President of ators from Virginia and Michigan con- have all our agencies involved in Iraq, the United States. He can say: I want it trol the time. not just the military. We have the done this way or your resignation to- Mr. SESSIONS. Will somebody yield State Department involved in Iraq. The morrow, Mr. Secretary. Or you and I me some time? Mr. WARNER. Mr. President, I yield State Department is the one respon- have had a long friendship over the such time as the Senator from Ala- sible for trying to move the Govern- years. I want this done, you don’t want bama wishes to take. ment along in an effective way. They it done. I will get somebody who will The PRESIDING OFFICER. The Sen- also have responsibility over the econ- get it done. ator from Alabama is recognized. omy, trying to help Iraq have a good But how can he know all these dif- Mr. LEVIN. Will the Senator yield economy. They are responsible for try- ferent problems that are occurring? briefly? ing to negotiate safety agreements How can he personally be on top of it? Mr. SESSIONS. Yes. with its neighbors. They are respon- Likewise for the Secretary of State. Mr. LEVIN. Mr. President, how much sible for infrastructure, actually. They She is expected to be in China, to go to time remains on both sides? are not responsible for law and order, Brazil, Chile, Indonesia, Europe, The PRESIDING OFFICER. The Sen- the court system, and the prison sys- Kosovo, South Korea, or Japan. The ator from Michigan has 71⁄2 minutes. tem, which has not gone well at all. I National Security Adviser has the The Senator from Virginia has 10 min- have been a major critic of that situa- whole world under his responsibility. utes. tion. That is under the responsibility, He has to be managing all these issues

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 28, 2007 CONGRESSIONAL RECORD — SENATE S8665 and personally advising the President. That is the concept that I think can He addresses the direct constitu- The Secretary of State has to manage be helpful in making us more effective tionality because the military is a part all the bureaucracy contained in the in creating the infrastructure, the civil of the executive branch. My difficulty State Department. justice system in Iraq and Afghanistan, is that the military must in this coun- I guess what I would say to my col- thereby enhancing the ability of those try remain separate from politics. That leagues, it is obvious to me the Na- governments in those countries to be doesn’t mean the President cannot tional Security Adviser cannot drop all successful, therefore enhancing their bring an active-duty military person of his or her responsibilities and spend ability to be effective against terror- on to his staff. As Senator WARNER said his or her time negotiating problems in ists and violence, therefore reducing in another meeting, the President has Iraq. The President is going to have to the threat to our soldiers—that is the the authority to bring anyone of value designate somebody to do that. He has bottom line—and increasing their abil- to his administration he wants. The chosen General Lute who is a man, by ity to be successful. question becomes: Should that indi- all accounts, of extraordinary ability, I am pleased to support this nomina- vidual remain in uniform? And should proven experience in the region, a per- tion. I think all the serious questions that individual be able to return to the son who knows the difficulties so he that have been raised have been an- active-duty military once his service is can carefully and with good judgment swered. done? analyze the different disputes and try I see my friend and colleague from I asked General Lute during his con- to get them settled so we can get on Virginia. He raises a good point about firmation hearings if he believed that with producing more oil and gas, hav- this matter of a uniformed person the advice he would be giving in this ing water for the citizens, having the being in the executive branch, the po- position would be political in nature, sewage system working, having the litical branch, I guess one can call it. and it unavoidably is. electricity on, and helping to make We have done it before and, in this So we have a situation that is recent sure we have a legal system with suffi- case, in my view, that concern, while a history. This type of situation does not cient bed spaces to detain criminals. legitimate one, I believe is outweighed go back long in American history I discovered that we have one-ninth by the fact that we need help right now where we have brought active-duty as many bed spaces in Iraq as we do in and General Lute is the guy who can do military people inside the political cir- my State of Alabama. I saw a similar cle of an administration and then al- story for New York. There are not it. I yield the floor. lowed them to return as active-duty enough places to put the criminals, and The PRESIDING OFFICER. Who we have to increase those places. The members back to the military. This yields time to the Senator from Vir- bureaucracy is sitting around and not has not happened with any frequency, ginia? getting that done. other than in the past 20 years or so. If we catch and release terrorists, Mr. LEVIN. Mr. President, how much That individual returning to the they are going to go out and kill again. time remains? military in a uniform unavoidably The PRESIDING OFFICER. There is causes questions inside the military There have been several articles that 1 have picked up on this situation. I have 6 ⁄2 minutes remaining. about political alignments and tends to Mr. LEVIN. Mr. President, I yield the politicize the military. That is my to say, it has been a theme of mine for 1 3 years now, and we still haven’t gotten 6 ⁄2 minutes to the Senator from Vir- problem. There is no way General Lute the justice system up like we would ginia. If he needs additional time, I ask can go to the morning meetings and like it. unanimous consent that he be given give advice that is not simply oper- 1 I see the Presiding Officer, a former additional time, after the 6 ⁄2 minutes. ational, but that is political in nature attorney general in his State, Senator We will wait and see if that is the case. with respect to how an administration SALAZAR. We were together in Iraq and Mr. WEBB. Mr. President, I will do puts a policy into place, and then can talked about these issues. I know he my best to finish within 6 minutes. I return to the active-duty military and shares a genuine concern that things appreciate the chairman asking me to be viewed as politically neutral. I say are not being accomplished as fast as come to the floor. that again with respect to the other in- possible. So I think that operating in This issue came up fairly quickly be- dividuals who were named in Fred the name of the President to try and cause of the vote this morning. I was Fielding’s letter. find out what difficulties are occurring not able to be here when my friend and It is my intention, during the time I in Iraq, where the bottlenecks are, and colleague, the senior Senator from Vir- am in the Senate, to ask any military being able to get the parties together ginia, made his comments, but he did officer who is being put into a position in the name of the President—he has give me the letter that had been proof political sensitivity whether that in- no direct authority to order the De- vided to him by the counsel to the dividual intends to take the uniform partment of Justice or the Department President which addresses the issue of off and keep it off. Any individual who of Defense to do anything. But he has the constitutionality of a uniformed of- otherwise is qualified who intends to the authority given by the President. If ficer serving as a direct policy adviser return to the active-duty military they can’t agree, he can appeal to the inside the administration. service, in my opinion, is violating this President. He can say: Mr. President, Counsel Fielding points out in the very sensitive line with respect to the the Department of State wants to do letter that there is no constitutional politicization of the military, and I in- this, the Department of Justice wants issue. He mentions Generals Scowcroft, tend to oppose those nominations. to do this, the Department of Defense Powell, Kerrick, and Admiral I thank the chairman for this time. wants to do this. My recommendation Poindexter as recent examples of ac- I yield the floor. is to do this, but you need to make this tive-duty military officers holding this Mr. FEINGOLD. Mr. President, in decision. Then the President can help type of position. keeping with my practice of deferring eliminate these problems. I would have risen in opposition to to Presidents when it comes to execu- The truth is, when somebody such as all of these other individuals under the tive branch nominations, I voted to General Lute says we have a disagree- circumstances that exist today, and I confirm LTG Douglas Lute to serve as ment between State and Justice and I am going to try to clarify that. Assistant to the President and Deputy am inclined to say this is the way it I don’t expect the opposition I have National Security Adviser for Iraq and ought to be settled, but the President to General Lute’s nomination is going Afghanistan. He is a competent officer told me, when I call him tomorrow, to to preclude him from being confirmed. with a history of service to this Na- let me know if there are any difficul- I don’t want the record to indicate that tion. However, I am deeply concerned ties, I am going to tell him that you I have any question with respect to his that rather than changing course in two children cannot agree, usually competence, the way he has served the Iraq, the President is merely rear- they get together and settle it. They country over the past 30 years or so, ranging the bureaucracy in the White don’t want to have the President come but I do believe this is a very impor- House. in and settle these disputes and get in- tant issue, and it goes beyond the opin- The administration needs to better volved. They know he has a lot of ion that was in Counsel Fielding’s let- coordinate the U.S. Government’s oper- issues on his plate. ter. ations in Iraq and Afghanistan. I am

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8666 CONGRESSIONAL RECORD — SENATE June 28, 2007 pleased that Lieutenant General Lute and his existing staff should have long statement of some of his principles. I has acknowledged that the U.S. mili- ago figured out how to coordinate exec- thought the American people might ap- tary alone cannot stabilize Iraq and utive branch support to our com- preciate how he approaches this issue. that enhanced efforts by other agencies manders and senior diplomats in the He spoke to people. He said this of the Federal Government are needed. field, without needing to put a military about this position: However, I am skeptical that this officer in charge of coordinating the ci- To a person, those with whom I have spo- new position will have a significant im- vilian arms of government. ken conveyed two clear messages: first, a pact given that the President still re- Repeatedly, the President has ap- message of concern for the well-being and fuses to admit that there is no military pointed a new military officer to a safety of our men and women in harm’s way; solution to the situation in Iraq. Until leadership position and Congress has and second, that we would all like to see us the President recognizes the need to re- allowed the nomination to proceed pursue a course of action that makes our deploy our troops from Iraq and seek country safer while safeguarding our na- without objection. The White House tional interests in the region. Surely, this is international assistance in promoting then turns the cooperation of Congress our common ground. a political resolution, I am afraid that into yet another sound bite to prolong He went on to say: Lieutenant General Lute’s efforts will the prosecution of the President’s simply contribute to more of the same failed policy. How many times have we But the stakes for the United States are failed policy. I will continue working also high. This region—where America has heard that General Petraeus was con- vital national interests—will not succeed if to redeploy our troops from Iraq so firmed unanimously and that we ‘‘just Iraq and Afghanistan do not succeed, and the that we can devote greater resources to need to give him time’’? The President U.S. plays a vital role in this cause. 1 our top national security priority— has had 4 ⁄2 years to show progress. In- He went on to say this: going after the terrorists who attacked stead, the situation continues to wors- us on 9/11 and their allies. No one is satisfied with the status quo: not en in Iraq. the Iraqis, not key regional partners, not the Mrs. BOXER. Mr. President, I am I, for one, will not vote to give the U.S. Government, and not the American pub- voting present on the nomination of President another military officer to lic. To change this, we are in the midst of Douglas E. Lute to be Special Assist- blame or another unanimous vote to executing a shift in course as announced by ant to the President and Deputy Na- exploit to delay bringing home our the President in January. Early results are tional Security Adviser for Iraq and Af- troops. I will not accept the President’s mixed. Conditions on the ground are deeply ghanistan. claim that a military officer advising complex and are likely to continue to Although I respect General Lute’s the President on two ongoing conflicts evolve—meaning that we must constantly adapt. Often, measures that fix one problem distinguished 30-plus year career in the should not be required to testify before U.S. Army, I view this position as rear- in as complex an environment as this reveal Congress on the progress of this long challenges elsewhere. ranging the bureaucracy at the White and disastrous war. That is certainly true. General Lute House. The creation of a ‘‘war czar’’ I will, therefore, vote against the continued: will not hide the President’s failed confirmation of Lieutenant General policies and is another way for him to Lute to this position. But one factor remains constant—the dedi- duck responsibility for the war in Iraq. The PRESIDING OFFICER. Who cation and sacrifice of our men and women, military and civilian, serving in these com- Mr. BYRD. Mr. President, on May 15, yields time? 2007, President Bush nominated LTG bat zones. They are a continuing source of Mr. SESSIONS. Mr. President, how inspiration to me and to my family. Douglas Lute as Assistant to the Presi- much time remains on this side? The position for which I have been nomi- dent and Deputy National Security Ad- The PRESIDING OFFICER. There is nated is designed for one fundamental pur- viser for Iraq and Afghanistan. In that no time remaining to Senator WARNER. pose: to advise the President on how to pro- position, Lieutenant General Lute is to Mr. SESSIONS. I thank the Chair vide our troops and civilians in the field with be charged with coordinating the ef- and yield the floor. increased focused, full-time, real time, sup- forts of the executive branch to sup- The PRESIDING OFFICER. The Sen- port here in Washington. port our commanders and senior dip- ator from Michigan. He goes on to say: lomats on the ground in Iraq and Af- Mr. LEVIN. Mr. President, appar- The aim is to bring additional energy, dis- ghanistan. ently I have a minute and a half re- cipline, and sense of urgency to the process. I am voting against the nomination maining. I will be happy to yield to the Our troops deserve this support. of LTG Douglas Lute, not because he is Senator from Alabama, if he would like I think that is a good statement, a unqualified for the position but be- the time. sense of urgency for all our agencies cause the White House refuses to per- Mr. SESSIONS. Mr. President, if we and departments of Government, not mit him to testify before those Mem- are waiting for the vote, I was going to just the military. He concludes this bers of Congress responsible for the quote a few items from General Lute’s way: oversight and funding of these con- statement, but otherwise I don’t need Mr. Chairman, I am a soldier; and our flicts. Article 2, section II of the Con- to do that. country is at war. It is my privilege to serve. stitution makes it clear that the power Mr. LEVIN. The vote will begin at 4. This position represents a major personal to appoint certain officers involves the Under the order, there is another challenge and I am humbled by the responsi- advice and consent of the Senate. I can speaker scheduled at 3 o’clock. bility it entails. If confirmed, I will give the imagine no circumstance where the The PRESIDING OFFICER. At 3 President my straightforward, candid, pro- President may require policy advice o’clock the Senate will return to morn- fessional advice. and guidance from an Active Duty ing business. Mr. President, I yield the floor. military officer regarding ongoing con- Mr. SESSIONS. Mr. President, if Sen- f flicts and issues relevant to Congress’s ator LEVIN is comfortable with this, I oversight responsibilities to which ask for 3 minutes. If someone comes to MORNING BUSINESS Congress should not be equally capable the Chamber at 3 and needs to take the The PRESIDING OFFICER. Under of hearing in either public or closed fo- floor, I will yield. the previous order, the Senate is now rums as appropriate. To do otherwise Mr. LEVIN. Mr. President, I ask in a period of morning business, with may raise popular suspicion that all is unanimous consent that the Senator Senators permitted to speak up to 10 not on the ‘‘up and up’’ with the way from Alabama be yielded 3 minutes, minutes each. the President is conducting this war. and then morning business start at 3:03 Mr. LEVIN. Mr. President, I suggest I am also concerned that putting a p.m. the absence of a quorum. general in this position will leave the The PRESIDING OFFICER. Without The PRESIDING OFFICER. The military open to inferences by the ad- objection, it is so ordered. clerk will call the roll. ministration that it is the military, The Senator from Alabama. The bill clerk proceeded to call the rather than George W. Bush, who is re- Mr. SESSIONS. Mr. President, we roll. sponsible for the failed policies in Iraq. had a hearing with General Lute. Sen- Mr. REID. Mr. President, I ask unan- After 5 years of conflict in Afghanistan ator LEVIN presided in his able way, as imous consent that the order for the and Iraq, the President, his Cabinet, always. He gave us a short written quorum call be rescinded.

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 28, 2007 CONGRESSIONAL RECORD — SENATE S8667 The PRESIDING OFFICER. Without the first bill introduced in this Con- quest that we have a very short objection, it is so ordered. gress, S. 1, and passed with a vote of 96 quorum call, so I can consult with one f to 2 almost 6 months ago, on January of my Members. If the majority leader 18. will not object, I would like to have a ORDER OF PROCEDURE I am also encouraged the Democratic very brief quorum call. Mr. REID. Madam President, I ask House finally decided to pass a bill I suggest the absence of a quorum. unanimous consent that following the after many months of stalling and ex- The PRESIDING OFFICER. The vote on the Lute nomination, there be cuses. However, before we agree to this clerk will call the roll. 10 minutes equally divided between unanimous consent request, I would The bill clerk proceeded to call the Senators LEAHY and SPECTER, or their like to engage my colleague in a brief roll. designees, for debate on judicial nomi- colloquy to ensure minority rights are The PRESIDING OFFICER. The Re- nations; that at the conclusion or not trampled, as they were in the sup- publican leader is recognized. yielding back of that time, the Senate plemental. Mr. MCCONNELL. Madam President, vote on confirmation of Executive Cal- As the Senate will recall, the major- I ask unanimous consent that the order endar Nos. 85, 105, and 106, in that ity drafted that bill and included mat- for the quorum call be rescinded. order; that the motions to reconsider ters not related to troop funding and The PRESIDING OFFICER. Without be laid upon the table; the President be not part of either bill. This was de- objection, it is so ordered. immediately notified of the Senate’s signed, obviously, to get around 41 Re- Mr. REID. It is my understanding action and the Senate return to legisla- publican Senators here in the Senate. there is a unanimous consent pending. tive session. Obviously, putting those items in a The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER (Ms. KLO- troop funding bill made it very dif- ator is correct. Is there objection to BUCHAR). Without objection, it is so or- ficult to oppose the bill and we know the request? dered. how that story ended. Mr. DEMINT. Reserving the right to Mr. REID. Madam President, Senator In that vein, I ask my good friend, object, Madam President. WARNER asked earlier today what the majority leader, to commit that, The PRESIDING OFFICER. The Sen- would happen with the next judge, consistent with the provisions of S. 1— ator from South Carolina. which is a Virginia judge. It would be to commit not to drop extraneous pro- Mr. DEMINT. Madam President, ear- my intent—I have to talk to Senator visions into this conference report not lier this year, the Senate took a major LEAHY, and I have a meeting with him dealt with by either body. I think it is step in being more transparent with this afternoon—that we do that on important that this very significant the earmarking process. We worked to- Monday, the day we get back. We will issue, on which we have had extraor- gether. We passed within the lobbying/ do the Virginia judge and the remain- dinary bipartisan cooperation, con- ethics reform bill transparency and ing district judges. So there will be tinue to deal with the subject matter rules that would keep us from adding four votes on the Monday we get back related to this bill. secret earmarks when we go to con- on the district court judges. Mr. REID. Madam President, I don’t ference. I have asked repeatedly on the Mr. LEVIN. Madam President, if the wish to relegislate the supplemental. I Senate floor that we accept that as a leader will yield for a question, those think it was one of the best things that rule. I had asked the majority leader to three additional judges you made ref- has happened to the country in a long amend his unanimous consent request erence to are the three Michigan dis- time. We were able to get some things to go to conference to include Senate trict court judges? in that bill, such as minimum wage, for acceptance of the rules we have already Mr. REID. That is right. That is what the first time in 10 years; disaster re- passed. That way we would have the we had left on the calendar. lief for farmers, first time in 3 years; comprehensive work we have all f the first time we got money over and planned to have. I understand from the above what the President wanted for majority leader they are not willing to UNANIMOUS-CONSENT REQUEST— homeland security; we were able to get accept that, and they want to go to H.R. 2316 $6.5 billion for Katrina. conference where it is our belief it will Mr. REID. I ask unanimous consent Having said that, the distinguished be significantly changed. the Senate proceed to the immediate Republican leader has my assurance In light of our inability to come up consideration of Calendar No. 182, H.R. this bill will deal with the subject mat- with agreement that would include ear- 2316, Lobbying Disclosure; that all ter that came out of the Senate and mark disclosure, I object. after the enacting clause be stricken, out of the House. It will deal with eth- The PRESIDING OFFICER. Objec- and the text of S. 1, as passed by the ics and lobbying reform. tion is heard. Senate on January 18, 2007, be inserted I further say to my friend, and he and The majority leader. in lieu thereof; that the bill be read a I have had long discussions on this bill Mr. REID. Again, we have delay, third time, passed, the motion to re- and I am sure we will continue to have delay, delay, on an issue of vital impor- consider be laid on the table; that the some, this will be a real conference, as tance. What we are asking is to go to Senate insist on its amendment, re- we have had for many years—not re- conference. We have already acknowl- quest a conference with the House on cently, but this will be a conference edged there will be nothing that will the disagreeing votes of the two where there will be public debate on come out of conference other than Houses, and the Chair be authorized to what we should do and what we should what is in this bill. For us to do the appoint conferees on the part of the not do. conference out here on the Senate floor Senate with a ratio of 4 to 3, with the We will schedule that the week we is a little unusual proceeding. All the above occurring without intervening get back, schedule the conference as conference committees I have been inaction or debate. soon as we can when we appoint con- volved in have been ones where the I would say to my distinguished col- ferees. There has been a request we not conferees decide what should happen, league—my counterpart, Senator appoint them today. I accept that. We and then they bring that matter back MCCONNELL—that it is my intent not will do it when we get back. The mi- to the respective bodies. Then there is to appoint the conferees until we get nority need not worry. This legislation, a vote on it. back. when it comes back, will be perfect for If my friend from South Carolina The PRESIDING OFFICER. The Re- the President to sign if, in fact, that is doesn’t like what comes back, he has publican leader is recognized. necessary. In some instances, it is not every avenue within the rules at his Mr. MCCONNELL. Reserving right to necessary. But it will deal with ethics disposal. No one is trying to take ad- object, and I will not object, I was not and lobbying and nothing else. vantage of him. I appreciate the work on the floor Tuesday when the major- The PRESIDING OFFICER. The Re- he has done on earmarks. A number of ity leader first brought this issue to publican leader. other people have worked on earmarks. the Senate floor. I was down at the Mr. MCCONNELL. Madam President, It has been a progressive step forward. White House. I am pleased he is ready I have one phone call to my cloakroom But it would not say much about my to go to conference on lobby reform, I have to deal with. I respectfully re- leadership if we negotiated it out here

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8668 CONGRESSIONAL RECORD — SENATE June 28, 2007 on the floor of the Senate as to what action, and House action has taken pled guilty to crimes, have quit. Some was going to be in the conference replace, moving us to a conference. Now of them are giving State’s evidence. port. That is what the conferees are all the Senator from South Carolina is ob- The investigations are still ongoing. A about. jecting to going to a conference so that couple of days ago, Mr. Griles, second Again, we cannot go forward on the this could become the law of the land in command at the Interior Depart- 47 different items that are in this eth- and the rules applying to the Senate. Is ment, was sentenced to prison. ics and lobbying reform—— that where we are today? The Repub- It is time that we got real and Mr. DEMINT. Will the leader yield lican Senate is objecting to going to change this culture. That is what this for a question? conference on ethics and lobbying re- legislation is all about. It is time that Mr. REID. All of which are impor- form? we started doing things for the Amer- tant. Earmarking is important to my Mr. REID. The Senator from Illinois ican people. One of the things we can friend from South Carolina. Other Sen- has it down pat. We have worked with- do is tell the American people that we ators have other things of importance in the confines of the rules that have are distancing ourselves from this cul- in this lobbying/ethics reform. We de- been given us. We have passed a bill. ture of corruption. bated this issue. We debated it at some They have passed one in the House. That is what this legislation is all length. We accepted a lot of amend- Now is the time to see if we can make about. To not allow us to go to con- ments. A number of amendments were it into law. ference on some petty issue that my not in the final draft of what went to There will be some things that will friend has raised is really bad, not good the House. They have now completed wind up being a Senate rule. Some for the American people. This is a bill loaded with good things. We want to do their work. It is time we go to con- things will wind up being a House rule. some good things for the American ference and work this out. But we are That is part of what the conference is people. not going to piecemeal this out here on going to work out. No one is trying to On some procedural suggestion that the Senate floor. detract from anything that the distin- is not within the confines of common Mr. DEMINT. Will the leader yield guished Senator from South Carolina sense and good judgment, we have an for a question? wants. But just because you want objection. That is wrong. All it does is Mr. REID. I am happy to. something doesn’t mean you are nec- focus more attention on the culture of Mr. DEMINT. I thank the leader, and essarily going to get it. I just think corruption. I appreciate his perseverance. I would this is such a bad way to legislate. Mr. DEMINT. Will the Senator allow just like to ask why the part of this Here we were within seconds of being a response? bill that applies only to the Senate—it able to go to conference. A phone call The PRESIDING OFFICER. The Sen- does not need to be conferenced with came in to the cloakroom. I understand ator from South Carolina. the House because it is our rule about that. The Republican leader has an ob- Mr. DEMINT. I thank the Chair. how we deal with earmarks, how we ligation to take care of his Members. I am very surprised to hear earmark deal with the conference of out-of- But I think this is not a good way to reform referred to as a trivial issue. scope earmarks. Why can’t we just ac- go. More than anything else, the things cept that part here and go to con- Mr. DURBIN. Will the Senator yield that you were just talking about, the ference with all of these other provi- for another question? corruption, are all earmark related, sions in which you know our Members Mr. REID. The eyes of the American where Congressmen have sold earmarks are interested? public are on us. for bribes. A big part of the corruption I have no objection to going to con- Mr. DURBIN. Will the Senator yield? here is earmarks. To respond in a more ference, but there is no reason to con- Mr. REID. I am happy to yield. detailed way, the House has passed its ference with the House on rules that Mr. DURBIN. I ask the majority own rules package. It didn’t relate to apply only to the Senate. leader, wasn’t there a clear message us. They did not send it to conference. Mr. REID. Madam President, the from the last election that people They didn’t need the Senate to advise. House, of course, has issues that affect wanted us to clean up the culture of They adopted their own rules. We them only. Sometimes they affect what corruption in this town, that they know, if I could speak through the we do. So we can’t do this in a vacuum. wanted ethics and lobbying reform? Chair to Senator DURBIN, that if we I have a suggestion. I think it is a Isn’t that why the Democratic major- send this to conference, nothing will be valid, constructive suggestion. I would ity picked it as S. 1, the first piece of done this year. This conference will say to my friend from South Carolina, legislation we considered, made it a work for months. We will not have ear- what he should do is see what he can do high priority, and passed it with a mark reform during this year’s appro- to get on the conference. That is what strong bipartisan vote? And isn’t it a priations process. That is exactly what I would suggest. I would be happy to fact that because of the objection from this is intended to do. have you on the conference. I don’t se- the Republican side of the aisle, we For that reason, Madam President, I ask unanimous consent, again, that the lect who the Republicans put on the now run the risk of having nothing, no rules be discharged from further con- conference, but that may be an answer change, no reform in lobbying or eth- sideration and the Senate now proceed to the problem. I would be happy to ics, and that the Senator from South to S. Res. 123 and S. Res. 260; that the have you in the conference. I think it Carolina has asked for you to guar- resolution be agreed to, and the motion would be a good exercise for you to see antee a result from a conference com- to reconsider be laid on the table. what goes on inside of a real con- mittee? Mr. DURBIN. I object. ference. Mr. REID. I appreciate—— The PRESIDING OFFICER. Objec- Separate and apart from that, I have Mr. DEMINT. Madam President, may tion is heard. to simply say, this is, again, a diver- I respond? Mr. REID. Madam President, I would sion, a distraction from doing the work Mr. REID. For the first time in 131 assure my friend that I have spoken to of this country. years, someone was indicted working the Speaker on more than one occa- Mr. DURBIN. Will the majority lead- in the White House. That man has now sion. We have been trying to get to er yield? been convicted and is in prison. The conference on this for quite some time Mr. REID. I am happy to yield. President’s appointee to handle Gov- now. They completed their work. It has Mr. DURBIN. I would like to ask the ernment contracting was led away in been about 31⁄2 weeks. I believe without majority leader if I understand what handcuffs from his office. He is now in any stretch of the imagination, we will has happened here. We have adopted prison. The majority leader of the finish this conference in a week. It the language of the Senator from House of Representatives was con- might go 10 days. But it will only be a South Carolina in S. 1, 96 to 2. We sent victed three times of ethics violations. question of scheduling. The conference it over to the House for consideration. He has now resigned in disgrace after will go very quickly. It will be a public The Senator from South Carolina came having been indicted in Texas. conference. to the floor while the House was delib- We have another Congressman, part I would say to my friend—I say this erating and insisted that we move for- of the whole Abramoff scandal, who is respectfully—did you serve in the ward. We said we had to wait for House in prison. Many staff members have House before you came here?

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 28, 2007 CONGRESSIONAL RECORD — SENATE S8669 Mr. DEMINT. Yes, sir. Mr. DEMINT. I thank the Senator for or two things missing from this bill; we Mr. REID. I thought so. So you are the comment. You are exactly right. If took care of 12 things, but it is tough probably not familiar with conferences this was just what I wanted, I would because we have to work across party because under Republican leadership, not hold up anything. This is some- aisles. It is tough because everybody they were eliminated. There were no thing you voted for. Every Senator has his or her own idea. Do you think conferences. I have said we will hold voted for this earmark reform as a Sen- it is good to get started with the pack- public conferences. So even though my ate rule, not as something we are going age we have and get it done for the friend is probably not familiar with a to debate with the House but as our American people? real conference, we will have one. It rule. All I am asking is that we adopt What does my friend think the aver- will not take all year. It will not take the rules for the Senate that we have age person would say? all conference. We will finish it very already passed. I do not want to hold Mr. SCHUMER. Madam President, quickly. up this conference. the average person would say—because No one suggests that earmarking is The PRESIDING OFFICER. The ma- the average American is practical— trivial. I suggested that your objection jority leader. anyone who insists on only his way or to this is trivial. I say that you Mr. REID. Madam President, we have her way is gumming up the works. To shouldn’t do this. It is wrong. It is only a vote scheduled. I have just received get 90 percent or 95 percent of what is slowing up what you in your heart word from the Appropriations Com- a good package, most people would say, want. All you are doing is slowing it mittee, bipartisan, they need another yes. up. There is no intent on my behalf to 10 minutes. So I ask unanimous con- I will say another thing to my col- eliminate earmark reform. I think sent that they have 10 minutes; other- league. Mr. DEMINT. Madam President, will most everybody in this body lives by wise, I will just go into a quorum call. earmark reform. I think it would be The PRESIDING OFFICER. Without my Senator yield for a question? Mr. SCHUMER. Madam President, I very good that rather than some vacu- objection, it is so ordered. will be happy to yield when I finish my ous thing talking about earmarks, we Mr. REID. So the vote will take place little colloquy with my friend from have something here that we can look at 10 after the hour. California. to that is either a part of a law or a Mr. SCHUMER. Madam President, re- rule. My friend should not worry about My guess is, if you ask the person on claiming my time. the street what is the most egregious this taking a long time. Once we get to The PRESIDING OFFICER. The Sen- abuse in terms of lobbyists and ethics, conference, it will not take long. ator from New York. it is the trips. That is what caught the The PRESIDING OFFICER. The Sen- Mr. SCHUMER. Madam President, I highlights. It was all the free gifts and ator from New York is recognized. understand this passed by a whole lot all the emoluments and going to Lon- Mr. SCHUMER. Madam President, I of votes. That is not the point. There don and going here and going there. would like to address my comments to are lots of things that pass by a lot of my friend from South Carolina. The Most people, if you asked them about votes, and then they all have to be earmarks, and they knew what the ear- bottom line is very simple. We have worked out in conference committees conference committees to move things marks were—they would say the bridge and in other ways. If each of us insists from Alaska is a bad thing, and there along, not to slow them down. My col- ‘‘it is my way or I hold things up’’— league from South Carolina has con- are a few others that are a bad thing— maybe there are ways to improve and cerns about earmarks. I understand but my guess is that 95 percent of the strengthen the provisions we pass; them. They are heartfelt. But it is people in this body—maybe 100 percent; maybe there are things other people clear that if we acceded to his request, maybe my friend from South Carolina might add; maybe there will be the any single Senator, because of any is proud of the earmarks they have put kinds of legislative tradeoffs that will issue on any bill, could hold up in and they should be made public make a stronger ethics bill. We all progress completely—on ethics reform, early and there should be debate on have no way of knowing. But we do on 9/11, on anything else. them—but they, in themselves, are not I will tell you my reading. I am from know one thing: If what the Senator wrong as the free trips, in themselves, a different part of the country than my from South Carolina is doing, by as- are wrong. colleague, but people want us to get serting his prerogatives in the Senate, So the bottom line is, if you ask the some things done. They don’t want us was done by everybody, or even five average citizen, my colleague from to say: If I don’t get it exactly my way other Senators, we would absolutely California is right, they would say: on my provision, I am going to hold ev- have no ethics reform—no ethics re- Move forward because there is a lot in erything up. That is the consequence of form—no ethics reform. this bill that is important. In fact, the what my friend from South Carolina is Mrs. BOXER. Madam President, will No. 1 abuse we read about might have saying. the Senator yield for a question? been trips or emoluments or something Mr. DEMINT. Will the Senator yield? Mr. SCHUMER. I am happy to yield like that more than earmarks. Mr. SCHUMER. I might feel that the to my colleague from California. Mr. DURBIN. Madam President, will worst part of what happened, the scan- Mrs. BOXER. Madam President, I the Senator from New York yield for a dals we talked about, is the free trips. come from the House of Representa- question? I might say: I don’t want to trust any- tives, as my friend from New York and Mr. SCHUMER. Madam President, I thing to conference reports. Unless free my friend from South Carolina. Over am happy to yield to my colleague trips are done exactly as we say here, I there, in that body, the Speaker de- form Illinois. want to hold up the bill. One of my col- cides how everything is going to go, Mr. DURBIN. Madam President, is leagues might say that they think the whether the Speaker is a Republican or the Senator aware that the bill just ob- worst thing is flying and the airplanes. Democrat. Then some people come over jected to by the Republican Senator Mr. DEMINT. Will the Senator yield? here from the House, and they decide from South Carolina that we want to Mr. SCHUMER. I will in a minute. they are going to use the rules of the take to conference to make into law in- We would be totally gridlocked. If each Senate to call attention to what they cludes provisions that toughen the of us in this body of 100, each with think is the issue of the day. rules concerning gifts and travel, ban- strong opinions and great talents, were I want to thank my friend. My ques- ning gifts from registered lobbyists, re- to say: I am not going to let anything tion to my friend is this: If you went quiring the market value be paid for move forward unless I get my thing out and asked the average person on tickets to events, prohibiting Senators done, period, without change, without the street what they think about the from participating in events to honor discussion, without modification, with Congress and whether we need ethics them at a national convention, extend- the other body, we would be where the reform and if we should pass ethics re- ing the ban on travel paid for by lobby- public doesn’t want us: gridlocked on form, my friend, I think, would agree— ists, requiring Senators and staff to re- ethics reform, gridlocked on 9/11, grid- and I will ask him this—they would an- ceive approval from the Ethics Com- locked on everything else. swer, yes. mittee before accepting expenses for I am happy to yield to my friend Then, if you followed it up, I say to any trip paid for by private sources, re- from South Carolina. my friend, and said: Well, there are one quiring full disclosure of any travel on

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8670 CONGRESSIONAL RECORD — SENATE June 28, 2007 noncommercial airlines, requiring cer- Carolina, the effect of what he is doing is not Washington State. But I will tell tifications and disclosures filed by Sen- is preventing good, strong, tough eth- you, the No. 1 thing I hear is: Can’t you ators and staff available to the public ics reform across the board on issues folks each give in a little bit? Can’t for inspection? such as earmarks, but also on issues you folks each work with one another Also, it includes slowing down the re- such as trips and the K Street Project, and get something done? volving door between Senators and and everything else from moving for- That is what I hear. Yet the path my staff, so those leaving the Senate are ward. friend from South Carolina is taking is limited in the jobs they can take; re- So my colleague from Illinois makes exactly the opposite because we will ducing and eliminating negotiations a point that I think is—— get good earmark reform. for another job by a sitting Senator in Mr. DURBIN. Madam President, will terms of where they might go when the Senator yield for another question? f they leave the Senate; also, prohibiting Mr. SCHUMER. Madam President, I staff contact with lobbyists who are continue to yield to my colleague. EXECUTIVE SESSION family members of the Senator; also, Mr. DURBIN. Madam President, I voting to significantly expand lobbying would like to ask my colleague from disclosure. New York, as to the notorious K Street NOMINATION OF LIEUTENANT It goes on for lengthy paragraphs: Project, where lobbyists had regular GENERAL DOUGLAS E. LUTE, TO voting to prohibit partisan efforts like meetings with Members of the Senate BE LIEUTENANT GENERAL, U.S. the K Street Project, that notorious to discuss which legislation would ARMY project involving lobbyists and Mem- come up, which amendments would be The PRESIDING OFFICER. Under bers of the Senate; voting to deny pen- considered, which provisions in the Tax the previous order, the Senate resumes sions to former Members convicted of Code would be passed, and which would executive session and will proceed to a certain crimes; voting to protect the fail—all of these things are now prohib- vote on Executive Calendar No. 165, integrity of conference reports. ited under the bill that we want to which the clerk will report. Does the Senator from New York not send to conference. They do not relate The legislative clerk read the nomi- make this point, that when one Sen- directly to earmarks, which are appro- nation of Lt. Gen. Douglas E. Lute to ator stands up and says: Well, I have priations measures, but everyone be Lieutenant General. one little section that I want to guar- across America would concede there The question is, Will the Senate ad- antee is going to be in the final con- were clear abuses when it came to this vise and consent to the nomination of ference report, that Senator is stopping K Street Project. Lt. Gen. Douglas E. Lute, to be Lieu- us from considering all of these ele- So when the Republican Senator tenant General, U.S. Army, under title ments of ethics and lobbying reform, from South Carolina objects to taking 10, U.S.C., section 601? each of which points to some concern this bill to conference, he has gone be- Mr. REID. Madam President, I ask of Members of the Senate where we yond earmarks. He is not allowing us for the yeas and nays. want to change the ethics standards, to consider the broader question about The PRESIDING OFFICER. Is there a clean up the culture of corruption? what we consider to be unethical and sufficient second? So when the Republican Senator illegal contacts between lobbyists and There appears to be a sufficient sec- from South Carolina objects to going Members of the Senate. He is stopping ond. to conference, he stops us from consid- us from passing new laws to bring some The clerk will call the roll. ering any and all of the things I just ethics reform to the Senate. The legislative clerk called the roll. read. I ask the Senator from New York, Mrs. BOXER (when her name was Is that the point the Senator from the issue of earmarks was voted on called). Present. New York is making? with an overwhelming vote in the Sen- Mr. DURBIN. I announce that the Mr. SCHUMER. Madam President, I ate. The Appropriations Committee, on Senator from South Dakota (Mr. JOHN- thank my colleague from Illinois. That which I serve, is moving forward with SON) is necessarily absent. is exactly the point I am making. I real earmarks reform. So it would seem The PRESIDING OFFICER. Are there would say, the reason we have a Sen- that the Senator from South Carolina any other Senators in the Chamber de- ate, and not a body of one, is because is carping on a trifle here. We have a siring to vote? there are different views. Some of the huge number of important legislative The result was announced—yeas 94, things that my colleague from Illinois items to consider in S. 1. nays 4, as follows: read to me are the most objectionable I ask the Senator from New York, in [Rollcall Vote No. 236 Ex.] that are on the books now. the time he has served in the House I would guess the public is probably and the Senate, can he recall a time YEAS—94 closer to my view than the view of the when a Senator or Member of Congress Akaka Domenici McConnell Senator from South Carolina. I would could receive a guarantee that a con- Alexander Dorgan Menendez Allard Durbin Mikulski guess what bothered them the most ference committee was going to Barrasso Ensign Murkowski with Abramoff, or with anything else, produce exact language as each Mem- Baucus Enzi Murray was all the trips and emoluments and ber would like going into the con- Bayh Feingold Nelson (FL) Bennett Feinstein the way the lobbyists sort of insinu- ference? Nelson (NE) Biden Graham Obama Mr. SCHUMER. Well, Madam Presi- Bingaman Grassley ated their way into the whole process. Pryor Bond Gregg There are hundreds of earmarks where dent, I have served in this body now for Reed Brown Hagel there were no lobbyists involved. There 8 years. I had served in the House for 18 Brownback Harkin Reid were many more earmarks—most ear- years. I cannot recall a single instance. Bunning Hatch Roberts marks—where the public debate would We do have senses of the Senate; we Burr Hutchison Rockefeller Salazar be supported by this body. had senses of the House, which are sup- Cantwell Inhofe Cardin Inouye Sanders Mr. DEMINT. Madam President, will posed to direct things. But we have Carper Isakson Schumer the Senator yield for a question? never asked for a guarantee. I, for one, Casey Kennedy Sessions Mr. SCHUMER. So I would say to my cannot recall someone saying: I am Chambliss Kerry Shelby friend from Illinois that is exactly the holding up everything until I get my Clinton Klobuchar Smith Coburn Kohl Snowe point. If each of us insists that our lit- guarantee. That is wrong. Cochran Kyl Specter tle provision must be passed on its Mr. DEMINT. Madam President, will Coleman Landrieu Stabenow own—no debate, no discussion, no mov- the Senator yield for a question? Collins Lautenberg Stevens ing forward with the general process— Mr. SCHUMER. Madam President, I Conrad Leahy Sununu Corker Levin Thune we would have no ethics reform. will be happy to yield in a second. Cornyn Lieberman Vitter Craig Lincoln Mr. DEMINT. Madam President, will I will tell you, I go to my State. It is Voinovich Crapo Lott the Senator yield for a question? a diverse State of 19 million people. It Warner DeMint Lugar Mr. SCHUMER. So despite the good is not South Carolina. It is not Illinois. Dodd Martinez Whitehouse intentions of my colleague from South It is not Nevada. It is not California. It Dole McCain Wyden

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 28, 2007 CONGRESSIONAL RECORD — SENATE S8671 NAYS—4 the more than 6 years of the Bush Pres- Have the yeas and nays been asked Byrd Tester idency, more circuit court judges, more for on the Benjamin Hale Settle nomi- McCaskill Webb district court judges, and more total nation? ANSWERED ‘‘PRESENT’’—1 judges have been confirmed while I The PRESIDING OFFICER. They Boxer served as Judiciary chairman than dur- have not. ing the longer tenures of either of the Mr. LEAHY. Madam President, I ask NOT VOTING—1 two Republican chairmen working with for the yeas and nays. Johnson Republican Senate majorities. The PRESIDING OFFICER. Is there a The nomination was confirmed. The Administrative Office of the U.S. sufficient second? Mr. REID. Madam President, it is my Courts lists 48 judicial vacancies after There is a sufficient second. understanding that there are three The yeas and nays were ordered. these nominations are confirmed, yet The PRESIDING OFFICER. Is all votes for district court judges, is that the President has sent us only 26 nomi- time yielded back? true? nations for these vacancies. Twenty Mr. LEAHY. I yield back my time. The PRESIDING OFFICER. That is two of these vacancies—almost half— The PRESIDING OFFICER. The Sen- true. have no nominee. Of the 15 vacancies ator from Pennsylvania is recognized. Mr. REID. Madam President, I ask deemed by the Administrative Office to Mr. SPECTER. Madam President, I unanimous consent that all votes be 10 be judicial emergencies, the President seek recognition to speak on the nomi- minutes in duration. has yet to send us nominees for 6 of nation of Benjamin Settle to be a U.S. The PRESIDING OFFICER. Without them. That means more than a third of District Judge for the Western District objection, it is so ordered. the judicial emergency vacancies are of Washington. Benjamin Hale Settle Mr. REID. I thank the Chair. without a nominee. was nominated by President Bush on The PRESIDING OFFICER. Under Of the 13 circuit court vacancies, January 9, 2007. A hearing was held on the previous order, there is 10 minutes more than half are without a nominee. his nomination on March 13, and he of debate preceding the votes. If the President had worked with the was unanimously reported out of the Who yields time? Senators from Rhode Island, New Jer- Judiciary Committee on April 25. The Senator from Vermont is recog- sey, Maryland, California, Michigan, Mr. Settle has an impressive resume nized. and the other States with the remain- and a record of service. He received his Mr. LEAHY. Madam President, we ing circuit vacancies, we could be in B.A. from Claremont McKenna College are going to have how many nomina- position to make even more progress. in 1969. Upon graduating from college, tions? As it is, we have cut the circuit va- he enlisted in the U.S. Army Reserve The PRESIDING OFFICER. Three. cancies in half, from 26 to 13. Contrast and entered law school at Willamette The Senator has 5 minutes. that with the way the Republican-led University College of Law where he re- Mr. LEAHY. Madam Presient, the Senate’s lack of action on President ceived his J.D. degree in 1972. Senate continues to make progress Clinton’s moderate and qualified nomi- After graduating from law school he today with the confirmation of three nees resulted in circuit court vacancies worked for Don Miles Attorneys as an more lifetime appointments to the increasing from 17 to 26. During most associate until he was called up to Federal bench, Benjamin Hale Settle to of the Clinton years, the Republican- serve full time in the Judge Advocate the District Court for the Western Dis- led Senate engaged in strenuous efforts General’s Corps for the U.S. Army in trict of Washington, Richard Joseph to keep circuit judgeships vacant in an- 1973. Three years later, in 1976, Mr. Set- tle left full time Army service and re- Sullivan to the District Court for the ticipation of a Republican President. joined the Don Miles where he prac- Southern District of New York, and Jo- To a great extent they succeeded. seph S. Van Bokkelen to the District The Judiciary Committee has been ticed for one year, before opening a Court for the Northern District of Indi- working hard to make progress on small partnership of his own. He has ana. The nominations of Mr. Settle and those nominations the President has enjoyed a successful career as a general practitioner, working in a variety of Mr. Sullivan are for vacancies deemed sent to us. Of course, when he sends us small partnerships over the last three by the Administrative Office of the well-qualified, consensus nominees U.S. Courts to be judicial emergencies. decades. with the support of his home-state Sen- Mr. Settle’s broad practice has en- All three nominees have the support of ators like those before us today, we can their home State Senators. I thank compassed both litigation and trans- have success. actional matters. The nominee has also Senators MURRAY, CANTWELL, CLINTON, Mr. Settle is a partner and cofounder served as the general counsel to several SCHUMER, LUGAR, and BAYH for work- of the Shelton, WA, law firm of Settle ing with us and with the President on municipal and private corporate enti- & Johnson, PLLC, where he has worked ties. In addition to his litigation and the nomination. for 30 years. He also served 7 years as a These 3 judges will bring this year’s general counsel work, Mr. Settle has prosecutor and defense counsel in the served as judge pro tempore in Mason judicial confirmations total to 21. It is U.S. Army Judge Advocate General County Superior and District Courts before the Fourth of July recess, and Corps. where he has managed numerous mat- we have already confirmed many more Mr. Sullivan is general counsel to ters for mediation and arbitration. judges than were confirmed during the Marsh & McLennan Companies, Inc., The ABA has unanimously rated Mr. entire 1996 session when President Clin- where he has worked since 2005. Before Settle ‘‘Qualified.’’ The vacancy to ton’s nominees were being reviewed by that, he worked as a Federal pros- which Mr. Settle is nominated has been a Republican Senate majority. That ecutor in the Southern District of New designated a ‘‘judicial emergency’’ by was the session in which not a single York and in private practice at the the nonpartisan Administrative Office circuit court nominee was confirmed. Wall Street law firm of Wachtell, of the Courts. I hope my fellow Sen- We have already confirmed three cir- Lipton, Rosen, & Katz. ators will support this nomination. cuit court judges in the early months Mr. Van Bokkelen is the U.S. attor- Madam President, I also seek rec- of this session. As I have previously ney for the Northern District of Indi- ognition to discuss the nomination of noted, that also puts us well ahead of ana, where he has served since 2001. He Richard Sullivan to be a District Judge the pace established by the Republican has worked in private practice for the for the Southern District of New York. majority in 1999. law firms of Goodman, Ball, Van Richard J. Sullivan was nominated As the Judiciary Committee chair- Bokkelen & Leonard and Wilson, to be a U.S. District Court Judge for man, I have always treated this Presi- Donnesberger, Van Bokkelen & Reid. the Southern District of New York on dent’s judicial nominees more fairly He previously served as an assistant February 15, 2007. A hearing was held than Republicans treated President U.S. attorney and as an assistant at- on his nomination on April 11, 2007, and Clinton’s. With these confirmations, torney general in the Indiana Attorney the Judiciary Committee reported his the Senate will have confirmed 121 General’s office. nomination favorably on May 3, 2007. judges while I have served as Judiciary I congratulate the nominees and He is a highly qualified nominee with Chairman. It is a little known and their families on their confirmation a distinguished record both as a pros- wholly unappreciated fact that during today. ecutor and in private practice. In 1986,

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8672 CONGRESSIONAL RECORD — SENATE June 28, 2007 he received his B.A. degree from the tigate the murder of a prominent poli- Sununu Vitter Webb Tester Voinovich Whitehouse College of William and Mary, where he tician and lawyer in Lake County, IN. Thune Warner Wyden was elected to Phi Beta Kappa. In 1990, Since 2001, Mr. Van Bokkelen has he graduated from Yale Law School. served as U.S. Attorney for the North- NOT VOTING—1 Following law school, he served as a ern District of Indiana. His courtroom Johnson law clerk to Judge David M. Ebel of the experience is extensive. Over the The nomination was confirmed. United States Court of Appeals for the course of his career, he has tried over Tenth Circuit. In 1991, he joined 100 cases to verdict. The American Bar f Wachtell Lipton Rosen & Katz as a liti- Association has unanimously rated Mr. gation associate. Van Bokkelen ‘‘Well Qualified.’’ NOMINATION OF RICHARD SUL- In 1994, he joined the U.S. Attorney’s I urge my fellow Senators to support LIVAN, TO BE UNITED STATES Office for the Southern District of New this nomination. DISTRICT JUDGE York as an assistant U.S. attorney. Madam President, I know everybody During his tenure in the office, he is anxious to conclude these matters. The PRESIDING OFFICER. The served in a variety of leadership posi- They ought not be noncontroversial. clerk will report the next nomination. tions. In 1999, he was put in charge of Again, we have Benjamin Hale Settle, The legislative clerk read the nomi- the Office’s General Crimes Unit and for the Western District of Washington; nation of Richard Sullivan, of New later became chief of the Narcotics Joseph S. Van Bokkelen, for the North- York, to be United States District Unit. In 2002, he was named the found- ern District of Indiana; Richard J. Sul- Judge for the Southern District of New ing chief of the newly created Inter- livan, for the Southern District of New York. national Narcotics Trafficking Unit, York. The PRESIDING OFFICER. The ma- which was dedicated to investigating All have excellent academic records jority leader is recognized. and prosecuting the world’s largest and professional records and passed Mr. REID. Madam President, for all narcotics trafficking and money-laun- through the Judiciary Committee. I Members, this will be our last vote. dering organizations. From 2002 to 2005, recommend that my colleagues vote There will be a voice vote following he also served as director of the New for them. this vote. On Monday, July 9, starting York/New Jersey Organized Crime I yield back the remainder of my at 5:30 p.m., maybe even 5:15 p.m., we Drug Enforcement Task Force. time. will have a series of three or four roll- In 2005, Mr. Sullivan joined Marsh & call votes. McLennan Companies, Inc., as deputy f Madam President, I ask for the yeas general counsel for litigation. He still NOMINATION OF BENJAMIN HALE and nays on this nomination. works in that capacity, and since 2006 SETTLE, TO BE UNITED STATES The PRESIDING OFFICER. Is there a has also served as the general counsel DISTRICT JUDGE sufficient second? There is a sufficient of Marsh Inc., the world’s largest insur- second. ance broker and risk management The PRESIDING OFFICER. The The question is, Will the Senate ad- firm. Marsh & McLennan Companies is question is, Will the Senate advise and vise and consent to the nomination of the parent company of Marsh Inc. consent to the nomination of Benjamin Richard Sullivan, of New York, to be The American Bar Association has Hale Settle, of Washington, to be U.S. district judge for the Southern unanimously rated Mr. Sullivan ‘‘Well United States District Judge for the District of New York? Western District of Washington? The Qualified.’’ The seat to which he is The clerk will call the roll. yeas and nays have been ordered. The nominated has been designated a ‘‘judi- The legislative clerk called the roll. clerk will call the roll. cial emergency’’ by the nonpartisan Mr. DURBIN. I announce that the Administrative Office of the Courts. I The assistant legislative clerk called Senator from South Dakota (Mr. JOHN- hope my fellow Senators will vote to the roll. SON) is necessarily absent. Mr. DURBIN. I announce that the confirm Mr. Sullivan. The PRESIDING OFFICER (Mr. And finally, Madam President, I seek Senator from South Dakota (Mr. JOHN- WHITEHOUSE). Are there any other Sen- recognition to discuss the nomination SON) is necessarily absent. ators in the Chamber desiring to vote? of Joseph S. Van Bokkelen to be a Dis- The PRESIDING OFFICER. Are there The result was announced—yeas 99, trict Judge for the Northern District of any other Senators in the Chamber de- nays 0, as follows: Indiana. siring to vote? President Bush nominated Mr. Van The result was announced—yeas 99, [Rollcall Vote No. 238 Ex.] Bokkelen on January 9, 2007. A hearing nays 0, as follows: YEAS—99 was held on his nomination on April 11 [Rollcall Vote No. 237 Ex.] Akaka Dole McCaskill and the Senate Judiciary Committee Alexander Domenici McConnell YEAS—99 Allard Dorgan Menendez reported his nomination favorably on Akaka Crapo Lieberman Barrasso Durbin Mikulski May 3. He is a highly qualified nominee Alexander DeMint Lincoln Baucus Ensign Murkowski with extensive experience both as a Allard Dodd Lott Bayh Enzi Murray prosecutor and in private practice. Barrasso Dole Lugar Bennett Feingold Nelson (FL) Baucus Domenici Martinez Biden Feinstein Nelson (NE) In 1966, Mr. Van Bokkelen received Bayh Dorgan McCain Bingaman Graham Obama his B.A. degree from Indiana Univer- Bennett Durbin McCaskill Bond Grassley Pryor sity. In 1969, he graduated from Indiana Biden Ensign McConnell Boxer Gregg Reed University School of Law. After grad- Bingaman Enzi Menendez Brown Hagel Reid Bond Feingold Mikulski Brownback Harkin Roberts uating law school, Mr. Van Bokkelen Boxer Feinstein Murkowski Bunning Hatch Rockefeller joined the Office of the Indiana Attor- Brown Graham Murray Burr Hutchison Salazar ney General, serving as deputy attor- Brownback Grassley Nelson (FL) Byrd Inhofe Sanders Bunning Gregg Nelson (NE) Cantwell Inouye Schumer ney general and subsequently as assist- Burr Hagel Obama Cardin Isakson Sessions ant attorney general. In 1972, he be- Byrd Harkin Pryor Carper Kennedy Shelby came an assistant U.S. attorney for the Cantwell Hatch Reed Casey Kerry Smith Northern District of Indiana, where he Cardin Hutchison Reid Chambliss Klobuchar Snowe Carper Inhofe Roberts Clinton Kohl Specter served until 1975. Casey Inouye Rockefeller Coburn Kyl Stabenow Between 1975 and 2001, he worked in Chambliss Isakson Salazar Cochran Landrieu Stevens private practice as a partner—first at Clinton Kennedy Sanders Coleman Lautenberg Sununu Coburn Kerry Schumer Collins Leahy Tester Wilson, Donnesberger, Van Bokkelen & Cochran Klobuchar Sessions Conrad Levin Thune Reid and then at Goodman, Ball, Van Coleman Kohl Shelby Corker Lieberman Vitter Bokkelen & Leonard, P.C. His practice Collins Kyl Smith Cornyn Lincoln Voinovich has focused on litigation, both civil Conrad Landrieu Snowe Craig Lott Warner Corker Lautenberg Specter Crapo Lugar Webb and criminal. Between 1983 and 1985, he Cornyn Leahy Stabenow DeMint Martinez Whitehouse served as a special prosecutor to inves- Craig Levin Stevens Dodd McCain Wyden

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 28, 2007 CONGRESSIONAL RECORD — SENATE S8673 NOT VOTING—1 Newspapers across northern Indiana Senator MARTINEZ was another gen- Johnson contain articles and editorials applaud- eral. He brought intelligence and te- The nomination was confirmed. ing his determination to bring about nacity to this debate, and a story that effective law enforcement. The North- never fails to inspire us. f west Indiana Times recently com- Senator LOTT’s a great whip, and a NOMINATION OF JOSEPH S. VAN mented that Joe Van Bokkelen ‘‘has an good friend. He has been in this build- BOKKELEN TO BE UNITED excellent track record for the five ing more than 3 decades, but he has the STATES DISTRICT JUDGE FOR years he has led the U.S. Attorney’s of- energy of a freshman. He has been a THE NORTHERN DISTRICT OF IN- fice in Northern Indiana.’’ leader and friend: I thank him for it. DIANA Joe has received a number of high Senator SALAZAR gave a lot of him- The PRESIDING OFFICER. The performance ratings, including the self to this debate, a lot of time and no clerk will report the next nomination. A.V. rating from Martindale-Hubbell little criticism. Thank you. The assistant legislative clerk read and the highest judicial rating from And finally, it is a marvel of nature the nomination of Joseph S. Van the American Bar Association. to see a man whose calling in life is ob- Bokkelen, of Indiana, to be United Outside of his public service, Joe is vious to anyone who sees him at his States District Judge for the northern involved with a number of community job. Senator KENNEDY is such a man. district of Indiana. activities and civic organizations. He loves his work, and his passion has Mr. LUGAR. Mr. President, I appre- I would again like to thank Chair- inspired us. ciate this opportunity to support the man LEAHY and Ranking Member SPEC- Of course, behind all these Senators President’s nomination of Joseph S. TER for their leadership in facilitating are a lot of terrific staff members who Van Bokkelen to serve as a U.S. dis- consideration of Joe Van Bokkelen’s have worked incredibly hard on this trict judge for the Northern District of nomination to serve as a Federal judge. bill. On the Judiciary Committee, Indiana. I believe that he will demonstrate re- there was Michelle Grossman, Lauren I would first like to thank Senate Ju- markable leadership to northern Indi- Petron, Gavin Young, Lauren diciary chairman, PAT LEAHY; ranking ana and will appropriately uphold and Pastarnack, Lynn Feldman, Juria member, ARLEN SPECTER; and the re- defend our laws under the Constitu- Jones, and most of all Mike O’Neill. spective leaders for their important tion. On Senator MCCAIN’s staff, Becky work to facilitate timely consideration The PRESIDING OFFICER. The Jensen. On Senator GRAHAM’s staff of this nomination. question is, Will the Senate advise and there was Matt Rimkunas and Jen In July of last year, Judge Rudy consent to the nomination of Joseph S. Olson. On Senator KYL’s staff, Eliza- Lozano informed me of his decision to Van Bokkelen, of Indiana, to be United beth Maier and Michael Dougherty. On assume senior status after a distin- States District Judge for the Northern Senator MARTINEZ’s staff, Brian Walsh, guished career of public service. He was District of Indiana. Clay Deatherage, and Nilda Pedrosa. a remarkable leader on the Federal The nomination was confirmed. Now I want to thank everyone who bench, and I applaud his leadership to The PRESIDING OFFICER. Under opposed the bill. Indiana and to the legal community. the previous order, motions to recon- Senators SESSIONS, DEMINT, and VIT- Given this upcoming vacancy and the sider these votes are laid on the table. TER got us all to sit up and listen close- need for strong leadership, I was The President shall be notified of the ly to a lot of people who thought they pleased to commend to President Bush Senate’s actions. had been shut out of this debate. They Joe Van Bokkelen to serve on the Fed- f put the rules of this body to work. And eral court in the Northern District of LEGISLATIVE SESSION I would take any one of them in a fire- Indiana. fight. The PRESIDING OFFICER. Under I have known Joe for many years, Senator CORNYN, one of the original and I have always been impressed with the previous order, the Senate returns architects, deserves our thanks. He has his high energy, resolute integrity, and to legislative session. been committed to finding a solution The minority leader is recognized. remarkable dedication to public serv- to our Nation’s immigration problem Mr. MCCONNELL. Mr. President, I ice. ask I be allowed to proceed as in morn- for a long time. His contributions on Joe Van Bokkelen attended Indiana ing business. the interior enforcement piece of this University where he received both his The PRESIDING OFFICER. Without bill were a major part of the original undergraduate and law degrees. He objection, it is so ordered. compromise. But when he saw it was then served in the Indiana Attorney not a solution he could accept, he told General’s Office followed by his first f us. experience in the United States Attor- IMMIGRATION Senator CHAMBLISS told us what the ney’s Office in the Northern District. Mr. MCCONNELL. Mr. President, farmers needed, and we listened. We After many years of private practice, today is a day of victory and defeat. So thank him for his important contribu- Joe assumed his current position of many people have poured so much of tions to the bill. United States Attorney for the North- themselves into this bill over the last Senator ISAKSON was the author of ern District of Indiana on September weeks and months, and every one of the trigger concept, which every one 21, 2001. His performance in this posi- them deserves our thanks and our re- now agrees is a good idea. tion has been nothing short of remark- spect. To everyone involved in the crafting able. He has undertaken the most ag- This bill tested the will, and the of this bill, I want to thank you. This gressive public corruption initiative in goodwill, of many people. But it tested was a labor of uncommon intensity. It the history of the office. Since 2002, some more than others. So first I want required will, energy, and patience. over 30 public officials have been in- to thank those whose position did not And while it strained a lot of bonds, it dicted and convicted. Joe has also used prevail. broke none of them. As the majority his office to target the use and posses- Senator SPECTER’s knowledge of this leader said after the final vote, ‘‘We’re sion of illegal firearms, combat gang issue is matched only by his stamina. all still friends here.’’ activity, implement drug demand re- As the ranking member, he has our ad- As the elected leader of my con- duction programs, and cultivate com- miration and he deserves our thanks. ference, I stood here in January and munity partnerships. Senator KYL inspired all of us, flying opened this session with a pledge. I Likewise, Joe has demonstrated lead- into his State and facing a lot of angry knew contentious issues always have a ership in the Justice Department constituents, and the cameras week better chance of being solved by di- where he serves on several of the At- after week with optimism, patience vided governments, that immigration torney General’s advisory committees, and good cheer. reform was within our reach, and I said including Violent and Organized Crime, Senator GRAHAM was one of the gen- we should put it in our sights. White Collar Crime, Sentencing Guide- erals in this effort. He always does I also knew it was going to have to be lines, and the Regional Information what he thinks is right, and Americans bipartisan if we were going to get a bill Sharing Working Group. admire him for it. at all. So everyone I have mentioned

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8674 CONGRESSIONAL RECORD — SENATE June 28, 2007 rolled up their sleeves and got to work. their intelligence, understanding, and Staff Sergeant Clemons was assigned And they put together a bill that rep- their ‘‘tireless efforts’’ when the time to the 2nd Battalion, 123rd Armor Regi- resented the best chance we had of get- comes to face this issue again. ment in the Kentucky Guard. After ting to our goal. That time was not now. It was not serving his first year-long tour of duty, But it touched a nerve, and the shock the people’s will. And they were heard. he volunteered for a second, and was of it shot right through the Senate. It f redeployed to Iraq in March 2006. lit up the switchboards here for weeks, His friend and fellow soldier SP Josh- HONORING OUR ARMED FORCES and ignited a debate that strained our ua White said that when he asked normal alliances here and at home in STAFF SERGEANT THOMAS W. CLEMONS Thomas why he offered to go back to our States. Mr. MCCONNELL. Mr. President, I Iraq, Thomas replied sincerely, ‘‘I can- I heard from a lot of Kentuckians. rise today to honor the life of a heroic not sit back on my couch and watch Thousands of smart, well-informed peo- soldier and a fellow Kentuckian, SSG one of my soldiers’ names come across ple called my offices to talk about this Thomas W. Clemons. SSG Clemons, that screen and live with myself.’’ bill. They did not like the idea of some- born in Leitchfield, KY, proudly served Thomas’s unit provided force protec- one being rewarded for a crime, or the in the Kentucky Army National Guard tion and ran security missions for the impact that this would have on a soci- from August 2000 until December 11, Army. ‘‘He was honored to be a sol- ety whose first rule is the rule of law. 2006, when he tragically lost his life dier,’’ Patricia says. ‘‘That’s what he They did not trust the Government to while on his second tour of duty near wanted, and that’s what he was.’’ suddenly get serious about border con- Diwaniyah, Iraq. He was 37 years old. Staff Sergeant Clemons’s funeral trol after neglecting it for 2 decades. Staff Sergeant Clemons earned nu- service was held in December 2006 in And I do not blame them. I worried merous awards and medals throughout the small Kentucky town of about all that too. And to every one of his military career, including the Caneyville, close to Leitchfield in them, I say today: Your voice was Bronze Star Medal. A decorated sol- Grayson County. So many people came heard. dier, he will be remembered by those to pay their respects to Thomas and A lot of good people came to my of- who knew him as a loving son and his family that the funeral home could fice. They argued for positions as di- brother, a caring husband, a devoted not hold them all. Many of Thomas’s verse as the country itself. They ex- father, a loyal friend and an avid Uni- friends told Patricia after the service plained their views patiently and with versity of Kentucky Wildcats fan. that ‘‘he helped me by just talking to passion. I want to thank them too for A true family man, Thomas cher- me.’’ informing my thinking and for helping ished time with his wife, Sheila, his Staff Sergeant Clemons was a man to shape this extraordinary debate. sons Tony and Ryan and his step- people wanted to know, and he is My goal from the start has been to daughters Brittany and Amber. He was mourned and missed by his beloved move the conference forward, to facili- known for saying that of all the bless- family and friends who had the honor tate debate, to ensure that the minori- ings God had bestowed upon him, his to know him. ty’s voice was heard to the maximum family was the greatest. He is loved and remembered by his extent possible. I had hoped there Like most soldiers, Thomas felt that wife, Sheila, his mother and step-fa- would be a way forward. And as the di- being away from that family was the ther, Patricia and Jimmie Frank, his visions between supporters and oppo- hardest part of serving his country. sons, Tony and Ryan, his step-daugh- nents widened, the only way forward, But rather than focus on himself, he ters, Brittany and Amber, his brothers, to my mind, was to ensure a fair proc- sought to alleviate the loneliness of Tim Clemons, Chad Clemons and Shan- ess. This was the only way to be sure others. As a father to two teenage non Frank, his sisters, Julie Johnson, we could improve the status quo, which boys, Staff Sergeant Clemons recog- Michelle Mudd and Pamela Bowling, all of us agreed was indefensible. If nized the difficulty that long periods and many others. every voice was heard, we could be con- away from home created for the young- Staff Sergeant Clemons was the type fident our votes reflected the best this est soldiers in particular. of man who, when asked by a local vol- body could do. He ‘‘tried to be a daddy to everyone unteer group if they could send him I had hoped for a bipartisan accom- over there, especially the young ones,’’ anything while he was serving abroad, plishment, and what we got was a bi- says Thomas’s mother, Patricia Frank. replied, ‘‘pencils, for the little kids in partisan defeat. The American people And along with the comfort and nur- Iraq.’’ He was the type to volunteer his made their voices heard, the Senate turing Staff Sergeant Clemons gave to free time to serve as a youth basket- worked its will, and in the end it was his troops, he provided an equal ball and baseball coach back home in clear that the bill that was crafted did amount of discipline and profes- Kentucky. not have the support of the people of sionalism. He was the family man who cherished Kentucky, it did not have the support Clemons’s company commander, CPT time with his children, the friend with of most Americans, it did not have the Ronald Ballard, said, ‘‘Thomas was the a shoulder to lean on and the soldier support of my conference, and it did type of leader who delivered a one-two who was willing to sacrifice his life ‘‘to not have enough support in the Demo- punch. First, he gave his guidance and save a million,’’ even a million people cratic conference, a third of which op- standards, and then he led by exam- he had never met. posed it. ple.’’ And so although neither I nor my This is not a day to celebrate. We do Captain Ballard went on to add that colleagues had the pleasure of meeting not celebrate when a pressing issue Thomas ‘‘understood he would not al- him, I stand here today to say this Sen- stays unresolved. But we can be con- ways be here to lead his soldiers—that ate honors and salutes SSG Thomas W. fident that we will find a solution to he had to get them ready to fill his Clemons for his service. We will hold the problems that we have tried to ad- boots.’’ his family in our thoughts and prayers. dress here. Many people have made On one particularly tortuous day in And the citizens of Kentucky and this great personal sacrifices to work on a Iraq, Staff Sergeant Clemons phoned grateful nation will always remember solution to our broken immigration his parents in Kentucky. One of his his sacrifice. system. A lot of them exposed them- men had just died. Like any mother f selves to ridicule and contempt. would, Patricia gently reminded her And so we can say with pride that the son that family was what was impor- CHANGE OF VOTE failure of this bill was not a failure of tant, and that his family was alive and Mr. LUGAR. Mr. President, on roll- will or hard work or good intentions. well—to which Thomas replied, ‘‘Over call vote No. 231, I voted ‘‘nay.’’ It was Martin Luther King once said that here, everyone is my family.’’ my intention to vote ‘‘aye.’’ ‘‘human progress never rolls in on Thomas embraced his duties as a I ask unanimous consent that I be re- wheels of inevitability; it comes Guardsman without hesitation. Before corded as an ‘‘aye.’’ This would not af- through the tireless efforts of men.’’ his departure to Iraq, he told several fect the outcome of the vote. And we can be sure that many good friends and family members, ‘‘a few The PRESIDING OFFICER. Without people will step forward again to offer lives for a million—that’s worth it.’’ objection, it is so ordered.

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 28, 2007 CONGRESSIONAL RECORD — SENATE S8675 Mr. DURBIN. Mr. President, I sug- Well, today was a classic example. job. They took it because no one else gest the absence of a quorum. We know—everyone knows—the immi- wants it. It is difficult, it is dirty, it is The PRESIDING OFFICER. The gration system in America has failed. hot, it is a sweaty, nasty job, and they clerk will call the roll. It has just plain failed. In 1986, the last take it because they get paid to do it. The assistant legislative clerk pro- time we addressed this issue, 21 years Most of them, when they get the pay- ceeded to call the roll. ago, President Reagan suggested an check, send half of it back home. There Mr. DURBIN. I ask unanimous con- amnesty for those who were here ille- are many parts of Central America and sent that the order for the quorum call gally and that we do things to stop South America which subsist because be rescinded. more from coming. It did not work. of the transfer payments from people The PRESIDING OFFICER. Without The amnesty was given; the enforce- working in America who are illegal, objection, it is so ordered. ment did not take place. On average, sending their checks back home to f about 800,000 new illegals came into the their families. These workers live in United States each year for 21 years; IMMIGRATION the barest of circumstances and try to 600,000 stayed. get by in the hopes that some day, they Mr. DURBIN. This was an historic We have a rough estimate that about will be Americans; some day, they will day in the Senate. I was up after the 12 million undocumented and illegal have family with kids who have a much vote on immigration with Senator people are here today. What are we better chance. KENNEDY. We had a little press con- going to do about it? Well, first and ob- Their story is our story. It is a story ference to talk about what happened. viously, stop illegals from coming into of this Nation from its beginning. We needed 60 votes to move the immi- the United States. It won’t be easy. Today, we had a chance to address this gration bill forward, for more amend- Look at the risks people are willing to problem, to deal with 12 million who ments, to final passage. take to come to our country—walking are undocumented, to deal with border When the roll call was taken, there across a desert knowing your life may enforcement, workplace enforcement, were 46 votes; it was far short of what be at stake, paying someone thousands and to talk about how many more peo- was needed. The average person might of dollars to put you in the back of a ple we need each year. ask: ‘‘Why would it take 60 votes to truck where you might be asphyxiated, We cannot open our borders to every- pass something in the Senate? I jumping on a railroad train where you one who wants to come to America. We thought it was by majority vote.’’ could lose your life or a limb, just to cannot physically do it. It would not be Well, not in the Senate, it is not. If it get right here in our country. It is that good for our Nation, for those who are is a complicated issue, and many are, it desire to come to America that has here, or for our economy. But there are takes 60 votes. It is just the nature of been around for so long, and it is still some we need. this place, the reason why the Senate there, and it will always be there. As a Congressman who represents was created. It is the reason why a But we know there are things we downstate Illinois, there were times Senator from a State such as Rhode Is- could do to make this border of ours when I desperately begged foreign phy- land would represent his State, along better. We talked about things, sen- sicians to come to small towns. These with one other Senator, and a Senator sible things—not a 2,000-mile wall or towns did not have a doctor. They were from a State such as Illinois would anything like that, but placing walls going to lose their hospitals. Doctors have two Senators. It is the nature of where they will help, placing fences came from India, from Pakistan, other the Senate. where they will help, traffic barriers, places, from the Philippines, and they It is a guarantee that the minority new technology, more border enforce- were greeted with cheer by people who always has protection and a voice in ment, training, trying to reach cooper- had never been to their countries or this political process. It leads to a lot ative agreements with the Mexicans knew anything about their land of ori- of frustrations, as you can imagine, be- and others—to slow illegal border gin. They came to the rescue. They cause bringing together 51 Senators crossings down. All of those things rep- opened that doctor’s office. Many of ready to act and to solve a problem is resent a positive step forward. We com- the people in those small towns I rep- not enough; around here, it never has mitted $4 billion to that effort. It resent in Illinois could not even pro- been. And it leads to a lot of criticism should be done. nounce that doctor’s last name. He was from the outside about how we spend Then the workplace—that is what ‘‘Dr. K,’’ they would say, ‘‘I just don’t so much time talking and so little time brings people here. Anyone who comes know how to pronounce his name. I am doing. People look at us and say: ‘‘You to America and thinks they can just glad he is here. Mom is feeling better, know, how many years have you all park themselves and wait for a com- and we are glad he is here if we ever been giving speeches about health care fortable life is wrong. They come to need him.’’ in America? When are you going to do work. The jobs that immigrants take, So we bring in folks each year, and something about it?’’ Well, the honest they are jobs that most of us do not we try in this bill to define how many answer is, that is good criticism. We want. If you went to a restaurant in we are going to need. Well, you know have not come up with a plan, nor have the great city of Chicago, which I am what happened once debate started, we had the political will to move a honored to represent today, and you Mr. President. There is a sentiment in plan, and if we did, it would face its took a look around at who took the America which is as historic as our biggest hurdle probably right here on plates off your table, my guess is many country. I say jokingly, because I have the floor of the Senate. This is the of them may be undocumented people. no way of knowing, that in 1911, when place where things slow down. George You don’t see the folks back in the my mother came off the boat in Balti- Washington said of the Senate: ‘‘This is kitchen washing those dishes or those more, having arrived as a 2-year-old the saucer that cools the tea.’’ on the loading dock or perhaps tonight little girl from Lithuania, and came I was lucky to serve in the House for the ones who will clean the bath- down that ramp with my grandmother 14 years. It is a great place. I loved it. rooms—likely to be, many of them, un- and her brother and sister, I am sure I loved all of the people I worked with. documented people who are here doing there were people looking up at this We ran every 2 years. You had to be in those jobs every single day. They made group coming in, saying: Please, not touch with the folks in your district on your bed in the hotel room after you more of those people. a regular, constant basis. You reacted left; they were with your mom in the That has been the nature of America. pretty quickly as things came along. nursing home bringing her water and We know we are almost all immigrants Bills passed, resolutions passed, you changing her sheets; they are the peo- or the descendants of immigrants. Yet would sit there and shake your head ple who, incidentally, make sure they there is a resistance that is built into and say: ‘‘All of the things we do just trim the greens for you so this week- our country to more coming in: They seem to die in the Senate.’’ Well, it is end they will look picture perfect. are different, there may be too many of the nature of the process. It is a nar- Those are the folks out there every sin- them, they may threaten our jobs—all rowing between the two Chambers that gle day. They are in the packing of those things. And we saw that senti- makes it difficult to move things houses, like the place where I used to ment, not on the floor of the Senate or through. work in college. That is no glamorous the House, but certainly we heard it on

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8676 CONGRESSIONAL RECORD — SENATE June 28, 2007 television, on radio. It is a sentiment that family better? I don’t think so. issue which I have addressed every that goes from being critical to being This is clearly a case where this great week for several months now. It is the dark and ugly. Nation can certainly absorb a loving ongoing genocide in Darfur. How long My wife called me this morning from mother who wants to make sure her are we going to allow this genocide to our home in Illinois. She told me the kids have a good life. continue? How long will we allow mass telephone calls that were over- There is another girl—she is now a killings, rapes, torture and the whelming my office had reached our young woman—I know from Chicago. torching of homes and entire villages? home and people were calling her all She is Korean. She was an amazing How long will we tolerate 200,000, through the night. They got our home young lady who had great musical tal- maybe 400,000 deaths? How long will we telephone number and decided to try to ent. She was accepted at Juilliard tolerate 2.5 million people displaced keep her awake all night. Well, that is School of Music, but when she applied from their homes, a refugee crisis in part of this job. I am not asking for she learned from her mother that when Chad and other nearby crises? How sympathy. I understand I am a public she was brought from Korea to the long will the global community tol- figure. I am sorry she had to put up United States at the age of 2, no papers erate such brutality in today’s world. with it. She has put with it for a long were filed. She had no status. She In May, more than 4 years after the time. But that sentiment got carried wasn’t a citizen of anyplace. She called crisis in Darfur began, President Bush away in many respects. It went beyond our office and said: ‘‘What should I said: criticizing a bill and went into some- do?’’ We checked, and we were told she For too long, the people of Darfur have suf- thing else that doesn’t speak well of us had to go back to Korea. She had not fered at the hands of a government that is as a Nation. been there since she was 2 years old. complicit in the bombing, murder, and rape So tomorrow morning, across Amer- Her life is a life of uncertainty now. of innocent civilians. My administration has ica, many people—some 12 million of Where is she going to go? This is the called these actions by their rightful name: them—will get up and go to a job where only country she has ever known. She genocide. The world has a responsibility to help put an end to it. they will work hard and they will come wants to use her musical talents right home and not be sure about what to- here in America, a place she calls I agree with the President. I agree, morrow will bring. They do not know if home. and I call on the President to help there will be a knock on the door and Then there is an attorney in the Loop America take action by use his upcom- they will have to leave. They do not in Chicago, a nice, attractive, young ing visit with Russian President Vladi- know if they will be separated from the woman who graduated from law school. mir Putin to demand a halt to Russian family they love, they do not know I met her at a gathering. She asked if military sales to the Sudanese Govern- whether their children will have any I could talk to her afterward. She came ment, sales that fuel the violence and future at all. That uncertainty is be- up to me and said: ‘‘I have to talk to are in violation of the U.N. arms em- cause of the fact that we did not have you in private. It is about my mom. My bargo. My colleagues on both sides of the votes today in the Senate. mom is Polish. She came to Chicago to the aisle—Senator SAM BROWNBACK, I think about some of them whom I visit some relatives years ago, over- Republican of Kansas; RUSS FEINGOLD, know personally. I think about some of stayed her visa. She is not here legally. Democrat of Wisconsin; GORDON SMITH, the characterizations of those people She got married, had a family. She Republican of Oregon—have joined me which I think are so unfair. lives in constant fear that she is going in a bipartisan request. Together we Last weekend, Pat Buchanan, who to be deported away from her children wrote President Bush asking him to makes a living writing books and say- and grandchildren. What are we going take action on this urgent issue when ing things that are controversial, was to do, Senator?’’ he meets with the President Putin. on ‘‘Meet the Press’’ and characterized There will be no answer to these Russia can’t claim to be a responsible the 12 million people as criminals, wel- cases until we have a law that creates leader in the global community and at fare recipients, called them the mass a mechanism, a formula, and a process the same time flaunt United Nations invasion of the United States. Perhaps that is reasonable. We tried to do that sanctions established to help end this a few of them might fit in that cat- today without success. We can’t give ongoing genocide. Mr. Putin cannot egory, but not the ones I have met and up. We can’t give up on these cases, have it both ways. know. and we can’t give up on this issue. Amnesty International recently re- Among the people now whose lives We have to understand that this ported that Russia and China, two per- are going to be left in uncertainty is a great Nation of immigrants has to have manent members of the U.N. Security mother I know and know very well. Her laws. These laws have to be followed. Council, are supplying the bulk of husband was one of those lucky ones. There will be no more amnesties. What weapons to Sudan. That is right. Two He was a citizen from Mexico. In 1986, we suggested today was that anyone permanent members of the U.N. Secu- he was given amnesty by President who is here and wants to try to make rity Council are providing the weapons Reagan. He works 14-hour days in a it to the finish line of legalization has and ammunition being used by the Su- club in Chicago as a maitre’d, greeting to understand how tough it will be over danese Government to perpetuate the people, bringing them to their tables. 8 to 13 years before you can reach that genocide, killing innocent life. That is He and his wife have four children who goal. Go to the back of the line so ev- unacceptable. Mr. Putin must put an are all American citizens. They were erybody who applied legally comes be- end to weapons sales. Weapons sold to all born here. But his wife is undocu- fore you, learn English, have no crimi- the Sudanese Government contribute mented. Several years ago, she was de- nal record, have a history of work, pay to the massive human misery and vio- ported, 3 days before Mother’s Day, your taxes, pay your fines, check in lence in Darfur. As I speak today, back to Mexico. She was pregnant at every year. Then, at some point, go human rights violations, rapes, mur- the time and wanted to stay in the back outside this country and apply to ders, attacks on humanitarian workers United States with her doctor until the come in again. Those are not easy continue without end. The accounts baby was born but wasn’t allowed. steps. Very few would have made it to are ongoing and widespread. Eventually, I called the State Depart- the finish line, but we gave them that For example, the Associated Press re- ment. They gave her a humanitarian chance. That is what America is about, cently reported a horrible story, one visa to come back to the United States. to give people a chance. that is sadly too common in Darfur. Now once each year I make a phone I hope we return to this issue. I doubt Seven women at a refugee camp in call to ask if she can stay with her if it will be soon. But I hope we return Kalma, Darfur, pooled their money to family for another year. Luckily, she because of the fact that we have left so rent a donkey and a cart. They ven- has been able to stay on what they call many questions unresolved. tured out of the camp to gather fire- a humanitarian waiver. But she and f wood, which they hoped they might be her children never know from year to able to sell and use the proceeds to feed year whether mom is going to be de- DARFUR their families. A few hours away from ported to Mexico. Will it make Amer- Mr. DURBIN. Mr. President, I come the camp, they were attacked and ica better if she leaves? Will it make to the floor this evening to address an robbed by the Janjaweed militia. They

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 28, 2007 CONGRESSIONAL RECORD — SENATE S8677 were gang raped and beaten. They had day, there were some profiles in cour- history which ties us so much to the to flee naked back to the camp. age, people of the heart but also people lands of the southwest. According to Amnesty International, of the mind who wanted to do what is Now, for me, when I think about that in recent years, Russia exported to right for America and for America’s fu- history, and when I see what America Sudan $21 million worth of aircraft and ture. I cannot think of a better col- has done for my family, I see very related equipment and more than $13 league than the senior Senator from Il- much an America that has been an million worth of helicopters. Witnesses linois, DICK DURBIN, for his passion, for America in progress. have documented Russian attack heli- his wisdom, for his courage, and for his I look to the Civil War, where there copters used by the Sudanese Air Force leadership. I look forward to con- were over 600,000 people in America during Janjaweed attacks. Russian- tinuing our work together as we work who died, as Lincoln said in his Gettys- built Antonov aircraft have been seen on this and so many other issues that burg Address, to give a new birth of bombing areas along the border with are so important, both to Illinois and freedom to America. That was a state- Chad. to Colorado and to the Nation and to ment by President Lincoln in which he I have photos I will share with those the entire world. I thank my colleague believed slavery and the separation and following the debate. This is an MI–24 from Illinois. ownership of people based on their race attack helicopter at Nyala airport in As I reflect on the occurrences of the was something which was absolutely Darfur, March 2007. It is a Russian heli- last several years with respect to im- wrong. He was able to keep our Union copter. According to the United Na- migration reform, I wish to comment together with the blood that was tions, the sales of this aircraft are pro- on several things. The first of those is spilled both in the South and in the hibited. The Russians make these a long history related to an issue that North. It was out of that great Civil War of sales, and these helicopters are used to is somehow intertwined with my own our times that we ended up with what kill innocent people. President Bush is life. Four hundred nine years ago, my are now some of the more significant meeting with the President of Russia. I forefathers and foremothers came to amendments of our Bill of Rights. One hope he will mention this attack heli- the place we now call the State of New thinks of the 13th and 14th and 15th copter and how it is being misused in Mexico, today known as the land of en- amendments that abolished slavery, violation of U.N. resolutions. chantment. It was in New Mexico they that created equal protection under the Similarly, this is the Antonov-26 air- decided to found what was the first set- laws, that made sure everybody—no craft spotted in many places in Darfur tlement in the Southwest and in that matter who they are, no matter where between January and March 2007, part of the State. They named that they come from—had an opportunity in parked here at Nyala airport in late city the city of Santa Fe, the city of holy faith. Over the centuries following these United States. March 2007, another Russian aircraft But that was not the end of the the founding of the city of Santa Fe, sold in violation of U.N. resolutions march for progress because even with for the next 250 years, my family con- that can be used, unfortunately, to sus- the inclusion of those amendments, tinued to farm and ranch along the tain a government which is perpet- women were excluded and, in fact, the banks of the Rio Grande River, from uating a genocide. Russia should not be U.S. Supreme Court, in interpreting helping the genocidal efforts of the Su- Santa Fe up to the north through com- those amendments, made the decision danese Government. munities such as those named Espanola that the Jim Crow segregation laws of 1 It has been 2 ⁄2 years since President and Chama. Then in 1848, we didn’t im- the United States of America were just Bush decisively called the crisis in migrate to this country, but the border fine; that it was OK for the Govern- Darfur a genocide. We have tightened of the United States of America moved ment of America to sanction a place sanctions and called for greater action us over to the Rio Grande River to the where you could have schools for to stop it, and I applaud that. But we south. It was in 1848, the Mexican- Blacks, schools for Whites, schools for must do more. I have appealed to the American war was ended with the sign- people who were Hispanic. It was OK, President personally and directly on ing of the Treaty of Guadalupe Hi- in those days, for women, according to three different occasions. Last week, I dalgo. The signing of the treaty gave the laws of this country, not to be al- appealed to Secretary of State the people who lived in at that time lowed to vote, to take a subservient Condoleezza Rice to seize every single the Southwestern part of the United and very secondary role in our society. opportunity to make the genocide in States the option of either becoming That was after a great civil war where Darfur a big issue, an issue of diplo- citizens of these United States or going over 600,000 people gave their lives on macy and for action. back not from where they had come the soil of our America. But yet Amer- I say to the President, we have many but back to the other side of what had ica marched forward on a path of issues to discuss with our Russian part- been a new border that had been cre- progress. And we did, indeed, later on ners, ranging from cooperation in pre- ated in 1848. adopt the women’s right of suffrage venting the spread of nuclear weapons My forefathers and foremothers at that allowed women to vote in our so- and materials to reaffirming support the time having had 250 years of his- ciety. for basic democratic principles and in- tory living in the Southwest, living in Through the long civil rights move- stitutions in Russia. Our relationship New Mexico, living in the southern ment, led by great leaders such as with Russia is a very important one. part of Colorado, made the decision Thurgood Marshall, we ended up with a But we can’t look the other way when they were going to choose the path of courageous Supreme Court in a unani- an ally is aiding in a genocide. I hope America, the path of the future, the mous decision of those days where Jus- President Bush will use his visit with path of what is now the greatest coun- tice Warren wrote the famous Supreme President Putin to help highlight an try in the world. It was a good deci- Court decision of Brown v. Board of issue that requires immediate atten- sion. As a result of that decision, we Education. In that 1954 decision by Jus- tion, helping to stem the crisis in have been now in New Mexico and Colo- tice Warren, what Justice Warren said Darfur. Put an end to this genocide by rado for a number of generations. I am in that decision is that the place of putting an end to Russian weapons a fifth generation Coloradan. My fam- separate but equal had no place in our sales to the Sudanese Government. ily goes back in New Mexico for 12 gen- America. He said you cannot have a I yield the floor. erations. doctrine of separate but equal. That The PRESIDING OFFICER. The Sen- Going back to that history, and rec- ends up branding those who are of a ator from Colorado. ognizing for the first 250 years of my different color with a sense of inferi- f family’s settlement of these United ority and, therefore, under the equal States they were part of the Govern- protection clause of the 14th amend- IMMIGRATION ment of Spain, subjects of the Govern- ment there was no room for segrega- Mr. SALAZAR. Mr. President, I come ment of Spain for most of that time, tion in the United States of America. to the floor to speak about the immi- and then for about 20 years a part of That was a significant milestone in our gration reform issue. Before my col- the Mexican Government when Mexico march for progress in America. league from Illinois leaves the Cham- overthrew Spain in the War of Inde- We have made major steps since that ber, I wish to say that at the end of the pendence in 1821. So for us there is that point in time. The passage of the Civil

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8678 CONGRESSIONAL RECORD — SENATE June 28, 2007 Rights Act, signed by President John- ing the human and moral issues with people who work here every day—day son in the 1960s, ushered in a whole new the 12 million people who live here in after day after day. Some of them are era of civil rights in America. We have the shadows of our society. Our quest Republican. Some of them are Demo- continued to march forward. was to bring those 12 million people crat. I want to say a word about some So, today, as we look at what hap- out of the shadows of darkness and of these individuals. pened with the end of the immigration pain they currently live in, into the Senator KENNEDY, yes, some people reform debate, I remain steadfastly sunlight of our society. love him; some people hate him. But confident and optimistic the tomor- We made it very clear in our state- there is no person who has more of a rows and the weeks ahead and the ment that it was not a free ride. We passion and a sense of justice in Amer- years ahead will bring about a resolu- said to them in our legislation they ica. When you think about the con- tion to this issue of immigration which would have to pay significant fines, tributions the Kennedy family and we deal with today, and in that resolu- they would have to pass a background Senator KENNEDY have made to this tion of how immigration legislation is check, they would have to learn Nation, they are one of those historic passed, to fix a system which is in English, they would have to live and heritage families of whom we can chaos and in disorder today, what we through a time—to use a Catholic met- all truly be proud. It has been an honor will find is, as Dr. Martin Luther King aphor—a period of purgatory for up to for me to work with him. said, change in our immigration laws 8 years before they would be eligible to Senator LINDSEY GRAHAM did not will bend toward the arc of moral jus- even become citizens. For most of have to get involved in the issue of im- tice; that justice is where that arc will them it would have meant a period of migration. He is up for reelection. It is lead us as we deal with the issue of im- up to 11 years. not a popular issue. He comes from a migration reform. So this was not the free ride that was tough State, South Carolina. Yet he I believe very strongly we had a good characterized by some of the opponents worked every day and gave it every- bill. It was not a perfect bill. It was a of the legislation. This was, indeed, thing he had, his whole heart and soul. bill that, obviously, had its critics, tough, fair, and practical legislation He deserves a profile in courage for both on the left and on the right. But that we proposed. But that legislation what he did. I think it is important for us to step will not be heard on the Senate floor Senator FEINSTEIN has labored so back and ask ourselves what it is we further for who knows how long. But at much because she cares about those were trying to do, those of us who some point in time those forces that people working in the fields. She cares worked so hard on this legislation. drew us together are forces which are so much about making sure we have a I believe, first and foremost, what we not going to go away. program that works for business and were doing is trying to address the na- We have to continue to figure out a for agriculture. She is concerned about tional security issues of the United way to fix our broken borders. We have the human and moral issues. She States. We were trying to do that by to have the courage to stand up and en- partnered up with our colleague, Sen- strengthening our borders and making sure that fix of a broken immigration ator LARRY CRAIG, to get 800 organiza- sure we had enough money to be able system. What we have to do is have the tions behind the legislation for to hire the personnel and do the things courage to say we are going to do AgJOBS. She did an incredible job in we have to do to enforce our borders something that is moral and just and moving us forward, along with Senator and also to enforce our laws within our humane with the 12 million undocu- LARRY CRAIG. country. Senator BOB MENENDEZ, we heard How can we sit here today in the mented workers who have toiled in our him speak earlier on the Senate floor. United States of America and know hotel rooms, in our fields, who work at He truly has added a tremendous di- there are millions of people we do not construction sites, who work as chick- mension to this body, and his leader- know, or what their backgrounds are, en pluckers, as my good friend said in who are here illegally, how can we be South Carolina, who work in those ship will continue to bring us to a solu- satisfied that our national security is kinds of conditions every day. tion that is a fair and humane and just taken care of when the borders are as So I leave the end of this day with a solution to this issue of immigration porous as they are today? This national sense of hopefulness, a sense of opti- about which he cares so much. When he security issue is an inescapable force mism, and with a sense that these ines- talks about family reunification, for that will ultimately lead us to have the capable forces that impel us forward him, he knows what that means in the right resolution to dealing with the will now not allow us to fail. We will context of immigration in a personal issue of our broken borders. get this job done. sense. So we need to honor and respect We also have a system of immigra- As we get this job done, it is also im- his perspective, which I support. tion which is simply broken. It is not portant to reflect on the fact that Senator REID, without his leadership, working. What ends up happening is there have been many people who have and without his bringing ‘‘Lazarus’’ up people point a lot to the border to the gotten us to the point where we are to life again on the floor of the Senate south, Mexico, as though that is where today. There is a lot of work that has on immigration, we would not have the issue of immigration, which has be- gone on on this issue of immigration. gotten anywhere. So I thank our leader come so contentious, is rooted. Yet in As Senator REID, and I, and others for having given us the opportunity reality, when you talk to the Irish who have spoken about this issue of immi- and having stood with us on some very live in New York or in Chicago or other gration, we have reminded people that tough debates. He is a tough guy. He is places, there are many undocumented since 9/11 there have been 36 hearings a boxer. He knows how to fight. That is Irish who live in those communities. on the issue of immigration. There the kind of leadership America needs. There are undocumented people in have been 6 days of committee markup. Senator LEAHY, as the chairman of this country who come from over 140 There have been 59 committee amend- the Judiciary Committee, who has countries all around the world. Indeed, ments. There have been now probably done such a great job in the func- no matter how big a wall we build, no 25 days of this Senate debating the tioning of that Judiciary Committee, matter how tall the wall, no matter issue of immigration. And during that helped us move this legislation for- whether that wall is as big as the Wall course, there have been almost 100 Sen- ward. I thank him for his leadership. of China, the fact is, we have a system ate floor amendments that we have Senator KYL, the chairman of the Re- inside of our country that is not work- voted on as we have moved forward publican Conference Committee—get ing because about 40 percent of the peo- with immigration reform. that—the chairman of the Republican ple who are here in an undocumented We will get there. But through that Conference Committee, was in the status actually came into the country whole effort, there have been some tre- trenches. He was in the trenches, legally, and they have overstayed their mendous people who have been profiles sleeves rolled up, trying to make this visas. So we have an immigration sys- in courage. Some of them are new- thing happen; JON KYL from Arizona tem within our country that simply is comers to our Senate family. Some of deserves one of those profiles in cour- not working. them are Democrats who have been age as well; Senator MCCAIN and his Finally, there are the moral and around a long time and who have in- leadership. He is running for President. human issues that are at stake, includ- spired the people of America and the This is not a popular issue to take up.

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 28, 2007 CONGRESSIONAL RECORD — SENATE S8679 Some people are saying that perhaps From Senator KENNEDY’s staff, I she has labored mightily, putting in this is an issue that might take him to thank Ester Olavarria, Michael Myers, sometimes 100-hour work weeks to a lesser standing in the polls. But I will Janice Kaguyutan, Melissa Crow, Mary make sure we are doing the right say this about Senator MCCAIN: He is a Giovagnoli, and Todd Kushner; for Sen- things on immigration, and I wanted to hero of America, and he is a hero of ator FEINSTEIN, Amy Pope and Jennifer personally thank her on the floor for America because he has the courage of Duck; for Senator MENENDEZ, Chris her great efforts. his convictions to stand up for those Schloesser; for Senator REID, Serena Mr. President, I yield the floor and I things he believes in. You think about Hoy, Marcela Urrutia, and Ron Weich; note the absence of a quorum. those years he spent in captivity in for Senator DURBIN, Joe Zogby; for The PRESIDING OFFICER. The Vietnam and what kind of courage was Senator LEAHY, Matt Virkstis and clerk will call the roll. honed into his consciousness and into Ellen Gallagher; for Senator GRAHAM, The assistant legislative clerk pro- his humanity. He truly is a person of Jen Olson and Matt Rimkunas; for Sen- ceeded to call the roll. Mr. NELSON of Florida. Mr. Presi- great leadership. ator KYL, Elizabeth Maier and Michael dent, I ask unanimous consent that the Senator SPECTER, the ranking mem- Dougherty; for Senator MCCAIN, Becky ber of the Senate Judiciary Com- order for the quorum call be rescinded. Jensen; for Senator SPECTER, Michael The PRESIDING OFFICER. Without mittee, is a Republican who helped O’Neill and Juria Jones; for Senator objection, it is so ordered. shepherd this legislation forward. Day MARTINEZ, Nilda Pedrosa and Clay Mr. NELSON of Florida. Mr. Presi- after day he worked to make this hap- Deatherage. dent, I have had the privilege of listen- pen because he knew of the national I thank all the staff who have made ing to the Presiding Officer in his role imperative we were dealing with. He this possible. as the Senator from Colorado give a In conclusion, let me say I have great also is one of those people with great very detailed and very comprehensive hope. I have great hope and I am opti- courage. overview of a lot of the personalities mistic. I am optimistic we are going to My colleague from Florida, Senator and the intrigues, as well as the sub- MARTINEZ, worked hard for a very long be able to deal with the great issues of stance, that went into this whole de- time trying to get us across the finish our time in the 21st century. We are bate on immigration. It was inter- line. For me, he is a brother. For me, going to be able to figure out a way to esting that when we failed to get the when he tells the story of being a Peter resolve the issues in Iraq and in the necessary 60 votes today to cut off de- Pan child, he exemplifies the dream Middle East, because the greatness of bate on a motion of cloture, all the and hope of what America is. We very America depends upon us restoring the Senators stayed on the floor and lis- much look forward to continuing our greatness of America around the world. tened to the majority leader. I thought working relationship together on We will move forward with a clean en- the tone that the majority leader, Sen- issues that affect America. ergy future for the 21st century, which ator HARRY REID of Nevada, set was I say to his colleague, the Presiding is what we worked so hard on and what not one of bitterness; it was one ex- Officer, Senator NELSON from Florida, I we passed in this Chamber last week. pressing a good deal of frustration in appreciate his great work and hanging We will work very hard to address the the fact that so much effort had been with us, even on what was a very tough issues of health care which affect so made and we didn’t get to the 60 votes. vote at the end. many Americans and their families and As a matter of fact, I think we were I also want to say a quick word about so many American businesses. Yes, we some 11 or 12 votes short of the 60 a couple of other people who are fresh- will continue to work on the issue of votes. men, about whom some might say: immigration. It is an issue we must re- He did not point fingers. He didn’t What were they doing involved in such solve, and I am optimistic. say whose fault it was. He said there a big issue? But then I guess they did it I am optimistic because when I think will be another day, that this is one of because they learned and because they of that generation I come from, that the great issues of our time, and that were doing it for all of the right rea- generation of World War II, the parents America was better off for having had sons. SHELDON WHITEHOUSE, my col- of the Presiding Officer and mine, peo- the debate. HARRY REID comported league from Rhode Island, I called on ple who lived through those very dif- himself with great dignity and great him and said: You need to be a part of ficult times of the Great Depression leadership because there will be an- this group. You need to be a part of it and the Dust Bowl, people who fought other day. There has to be another day because, No. 1, you are on the Judici- in World War II, veterans such as my on the issue of immigration, simply be- ary Committee; and No. 2, you were a father who went to war, my mother cause what we have now on the books great attorney general of Rhode Island; who served in the Pentagon during is a law this Senator voted for in 1986 and No. 3, you will learn so much in World War II, that generation of World as a Member of the House of Represent- working with great names such as KEN- War II, where half a million Americans atives; a law that has never been en- NEDY and SPECTER, LEAHY, and others. gave their lives in the name of pre- forced by the U.S. Government and So he joined us, and day in and day out serving civilization and freedom; if never has been obeyed by the people he was there, laboring to get us across they could take on those challenges of who were supposed to obey the law. the finish line. their time, then there is no reason why What was estimated back in 1986—21 AMY KLOBUCHAR, the new Senator we in the Congress cannot take on the years ago—to be 2 million, maybe 3 from Minnesota, has a way of trying to challenges of our time and restore the million illegal folks in this country, bring people together. She has a way of greatness of America and make sure because the law was never obeyed, in trying to bring people together. She la- that the legacy they left to each and many cases by employers who were bored mightily to get us to where we every one of us is not a legacy we for- supposed to be the fulcrum of enforcing ended up today, with at least as many get or that we do not pass on in an the law, that they would only hire votes as we were able to get. even better shape to our children. I do legal entrants into this country, and on But it is not just those who work who not want our generation to be the first top of it was never enforced by the U.S. have the title of Senator—and I might generation in American history that Government, created a condition that add Senator TRENT LOTT also did a passes on the baton to the next genera- so many people have blasted the very Herculean job of trying to get us across tion in worse condition than we inher- legislation we have been considering of the finish line, and I thank him for ited it from our parents. amnesty. that. I thank the Presiding Officer, and I What we have now is amnesty: That But there are many people behind yield the floor. 2 million or 3 million 21 years ago each of these Senators. We get the hon- Mr. President, in my haste to thank would grow to 12 million illegal aliens ors, we get the label of Senator, but we everybody I forgot to say something today. That is amnesty. Amnesty is couldn’t do it without the wonderful about someone who has now been what we have today because the law floor staff we have, including the Par- through three immigration battles was never enforced or obeyed. That is liamentarians and the clerks and oth- with me in my office, and that is what we have to correct. ers who help us every day, but also the Felicia Escobar. Felicia will be going Now, sadly, because of the experi- staffs of each of our offices. to law school soon. For the last 3 years ences we have had over the last 21

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8680 CONGRESSIONAL RECORD — SENATE June 28, 2007 years, not only on the question of im- Statement on status of 9/11 Commission strengthen our defense against ter- migration, but then from the lessons of recommendations bill, dated June 28, 2007. rorism. Unfortunately, the Bush ad- September 11, 2001, we realize there is The 9/11 families are grateful to Congres- ministration and the Republican-con- another reason we must control our sional Leadership for taking the difficult step of removing a controversial labor provi- trolled Congress failed to act on most borders, so desperately necessary to sion from pending security legislation in- of these recommendations. That is why the welfare and the protection of this tended to implement the remaining 9/11 one of the first bills passed in the country, the protection of the home- Commission recommendations. House and the Senate at the start of land. Because of those two main rea- I will read that again; I didn’t do a this session of Congress would finally sons, we will live to see another day, very good job of it. and fully implement the unanimous and we will pass an immigration law to The 9/11 families are grateful to Congres- recommendations of the 9/11 Commis- bring us into order out of the chaos sional Leadership for taking the difficult sion. which is the current condition. step of removing a controversial labor provi- As my colleagues know, since we I commend the Senator from Colo- sion from pending security legislation in- acted on a broad bipartisan basis, rado as he gave a personality profile of tended to implement the remaining 9/11 House and Senate Democrats and Re- so many of these wonderful Senators Commission recommendations. We recognize publicans have worked tirelessly to re- here, and it is a Senate family. You get that this was a difficult decision for them, solve the differences over this bill and to know each other on a personal basis, considering their party’s longstanding dedi- get it to the President’s desk so it can cation to the principles involved. and you see how on occasion a Senator be signed into law. However, twice this will rise to an occasion. All of the peo- Passage of this bill is long overdue, particularly in light of bipartisan support at the week, my Republican colleagues have ple whom the Senator from Colorado bill’s inception in both the House and Sen- objected to moving forward so we can mentioned certainly merit that dis- ate. The Democrats have taken an important complete action on this bill. tinction. But what the Senator from step toward improving our national security On Tuesday, a Republican Senator Colorado didn’t do is he didn’t talk by removing what the opposition identified made it clear for the record that the about himself. The Senator from Colo- as an impediment to the bill’s passage. Republicans objected to proceeding to rado has done one of the most remark- Senate Republican leadership must, in conference because of a provision in turn, stop blocking the naming of conferees able jobs of acclimating to the Senate the bill regarding TSA screeners, which within a short period of time and be- so that this critical legislation can move forward. Similarly, the Administration should had prompted the President to issue a coming so effective, and especially on cease its threats to veto legislation regard- veto threat on the bill. an issue such as immigration, for ing the provisions that go to the heart of the Although the provision would im- which he has great passion and com- 9/11 Commission recommendations. prove efficiency, morale, and skills of passion. Everyone must work together. The safety TSA screeners, President Bush strenu- So I wanted to add my little com- and security of our country is at stake. ously opposed it. ments to all of those the Senator men- This is signed by Carol Ashley, whose In an effort to demonstrate our com- tioned who have so wonderfully stood daughter Janice was lost in that ter- mitment to completing this important tall under very difficult circumstances. rorist attack of September 11; Rose- legislation as quickly as possible, we It is quite unusual when a subject will mary Dillard, who is the widow of informed our Republican colleagues we touch a nerve that will create such pas- Eddie, who was killed in that terrorist were prepared to address their objec- sion on both sides—passion that gets so attack; Beverly Eckert, who is the tions and remove this provision during heated that the sides won’t talk to widow of Sean Rooney, who was killed conference negotiations. But my Re- each other. We cannot make law like in that attack; Mary Fetchet, the publican colleagues apparently decided that because, as the Good Book says, mother of Brad, who was killed in that to shift the goalposts. you have to come and reason together. terrorist attack; Carie Leming, whose Yesterday, when I asked for consent When the passion gets so hot that you daughter Judy was killed in that ter- to proceed with the commitment that cannot come and reason together, you rorist attack; and Abraham Scott, the the TSA provision not be included in cannot come together and build con- widower of Janice, who was killed in the conference, Senator LOTT objected sensus, that is when the legislative that attack. on behalf of Senate Republicans. But process in a democracy breaks down. These are members of organizations this time he would not say why he ob- These Senators, in the midst of all of that have been steadfast in making jected. He just objected. that passion, stood tall, comporting sure everything is done so that we Once we made our intentions clear themselves extremely well and serving don’t have other terrorist attacks and about their expressed concern, I cer- in the best tradition of the U.S. Sen- that we implement the recommenda- tainly don’t understand why my Re- ate. tions of the 9/11 Commission. Those or- publican colleagues continue to object Mr. President, I yield the floor and ganizations are Voices of September to moving forward to complete action suggest the absence of a quorum. 11th, 9/11 Pentagon Families, and Fam- on this bill. Why do they keep shifting The PRESIDING OFFICER. The ilies of September 11, which are organi- the goalposts? Of what are they afraid? clerk will call the roll. The assistant legislative clerk pro- zations well known throughout the This strange behavior is not lost on ceeded to call the roll. country. the American people. Today, represent- Mr. REID. Mr. President, I ask unan- Earlier this spring, the Director of atives of the 9/11 victims, their fami- imous consent that the order for the National Intelligence, ADM Mike lies, let their views be heard. I have quorum call be rescinded. McConnell, told our Armed Services read their statement into the RECORD. The PRESIDING OFFICER (Mr. NEL- Committee in a public hearing that al- The American people expect us to fin- SON of Florida). Without objection, it is Qaida’s franchise is growing and its ish this work as rapidly as possible. so ordered. leadership remains alive and well along There can be little doubt that Amer- the Afghanistan/Pakistan border and ica will be more secure when this bill is f that any new attack on the United signed into law. That is why I believe ETHICS AND LOBBYING REFORM States ‘‘most likely would be planned we need to take the next procedural Mr. REID. Mr. President, we had a and come out of the [al-Qaida] leader- step as part of our regular order, which number of conversations this afternoon ship in Pakistan.’’ We think that is in- is to appoint conferees to finish these on the floor about ethics and lobbying credible. Almost 6 years after 9/11, we negotiations. reform. We are not going to move on face the same threat we faced that day: Therefore, Mr. President, I make the that anymore today. We will renew our Osama bin Laden and a determined ex- following unanimous consent request: request tomorrow, until we get this tremist group intent on harming Amer- That the homeland Security and Gov- done. I hope we can get it done. It is icans. Unfortunately, it is painfully ernmental Affairs Committee be dis- really important for the country. clear that much more can and must be charged from further consideration of Mr. President, I am reading now into done to protect America from terrorist H.R. 1 and that the Senate then pro- the RECORD a statement that was attacks. ceed to its immediate consideration—I issued today. I received it in my office, Three years ago, the bipartisan 911 am sorry, whenever I see that H.R. 1, it as all Senators did: Commission recommended ways to confuses everybody; that is what we

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 28, 2007 CONGRESSIONAL RECORD — SENATE S8681 did that the Senate proceed to its im- staff in trying to get good value for our Mr. SCHUMER. Mr. President, first, I mediate consideration; that all after money. thank Majority Leader REID for trying enacting clause be stricken and the Mr. REID. Mr. President, I say to move this bill forward. text of S. 4, as passed in the Senate, on through the Chair to my friend, I guess Second, I say to my friend from Okla- March 13, be inserted in lieu thereof; I will ask the question: Who have you homa, I have tremendous respect for that the bill be read a third time, talked to who said you can’t have this my friend from Oklahoma. I regard him passed, the motion to reconsider be postaudit program in the bill? truly as a friend. We traveled to China laid upon the table; that the Senate in- The PRESIDING OFFICER. The Sen- together. He is a gentleman, and I sist on its amendment, request a con- ator from Oklahoma can answer the don’t think anybody doubts the sin- ference with the House on the dis- question of the majority leader. cerity of his conviction and his desire agreeing votes of the two Houses, and Mr. COBURN. My staff has relayed to to save and not waste money. the Chair be authorized to appoint con- me, the Federal Financial Management Similar to Senator REID, I am not fa- ferees on the part of the Senate, with Subcommittee minority staff, who miliar with the particulars of this pro- the above occurring with no inter- have been working on this issue since vision the Senator wishes to put into vening action or debate. we passed the bill, relayed to me before the bill, but it seems reasonable. I have The PRESIDING OFFICER. Is there I came over that they still will not to tell my friend from Oklahoma, I objection? grant us that access in the bill. don’t want to see money wasted. I can Mr. COBURN. Reserving the right to Mr. REID. I will be happy to work tell him that in New York City, we are not wasting the money. In fact, the object. with Senator LIEBERMAN. He is a per- The PRESIDING OFFICER. Does the son who has a reputation for being fair. taxpayers of New York, the city where Senator from Oklahoma object? He would be the chair of this con- his one daughter and two of mine re- Mr. COBURN. I object. ference, as far as I know. side, as well as my wife and my parents Mr. REID. Mr. President, does the and most of my family, we in New I say to my friend, I will be happy to Senator from Oklahoma wish to make York don’t like to see the money wast- take a look at this issue—no guaran- a statement? ed. We think too much of it is spread tees. It sounds reasonable what the The PRESIDING OFFICER. The Sen- all over the place. Senator is asking. I ask of the Senator, ator from Oklahoma. I will tell him this: That the money let us go to conference. If something Mr. COBURN. Mr. President, I say to that goes to New York is not wasted, comes back out of conference—I will the majority leader, I do not mean to No. 1. No. 2, there are areas that affect personally look into this. I will talk delay this bill. I am on that sub- the whole country that will be held up. with Senator LIEBERMAN about this committee. I worked hard on this bill. Port security—God forbid a nuclear issue. I don’t know the bill that well I agree with the majority leader that weapon is smuggled into this country because it has been through a com- many of those recommendations need and exploded, God forbid. The more we mittee of which I have no knowledge. to go forward. delay on port security, the worse off we But give us a chance. I don’t know who This bill spends $12 billion over the will be. Rail security, truck security, the distinguished Republican leader next 3 years. We have worked tirelessly and cyber security are all part of this will put on the conference. This is and worked hard. Mr. President, $9 bil- bill. going to be a real conference, an open lion of that $12 billion is grants. It is Similar to Senator REID, it seems to certainly not in the best interest of conference, where people will be able me the proposal the Senator from those most at risk, but I lost that to, in a public meeting, say: I want to Oklahoma is making sounds good. Why fight. So I am willing to let that go. offer this amendment, and then the not have review? Money wasted on this But the postgrant review process, conference can either accept it or re- vital area—it is akin to money from which we asked for and were told would ject it. the DOD wasted because it is our de- be in the bill before we went to con- I think the Senator from Oklahoma fense, even though it is our homeland ference, is not in it. Every time we ask should give us a chance. This is an im- defense as opposed to our military de- about it, we get pushed back. portant issue. There are provisions fense—hurts all of us. Until we look at how we are going to that should be implemented—should But I can tell him this: I have known spend the money, until we can satisfy have been implemented a long time Senator REID a long time. The Senator that, I don’t believe we are ready to go ago. from Oklahoma has known him a little to conference, and I also believe there I recognize that the Senator has a less longer than I. When he makes a are still some problems with ports in daughter in New York. I have listened commitment to be serious about this terms of solving those problems and to my colleague, the senior Senator issue and to look at it carefully and to some of the tier 1 issues we have. from New York, on more than one oc- give a colleague, such as the Senator My objection is not meant to be dila- casion about what the people of New from Oklahoma, a bird’s-eye view of tory or anything else, other than to York went through, we all went what happens in the conference and the make the point that if we are going to through. America through long-lens ability to push and make changes, he is spend $9 billion in grants to carry these glasses watched what happened on 9/11. sincere. He is not trying to put one recommendations out—and that is a These people in New York, widows and over and push this aside. small portion of the recommendations widowers—and I read their names into Also, I am not on the committee, but of the 9/11 Commission, but it is the $9 the Record—have a better feeling about I will join my colleague from Okla- billion—and we refuse to have a these issues and we need to get this homa in wanting a review process. I postgrant auditing process where we done. would like to speak with Chairman look to see—because we know from I commit to my friend, the junior LIEBERMAN and other members of the what IGs have told us and the GAO, Senator from Oklahoma, that I will committee as to why they didn’t put much of the money we have been personally take a look at this issue. I this in. I don’t know the reason for spending post-9/11 has been wasted, and know how thoughtful he is and how he that. But I can assure him, as some- it hasn’t gone to prevent the next ter- feels about the money that is spent by body who is involved in many parts of rorist act. the American taxpayers. I will make the Homeland Security bill because of I have a personal interest as well. I every effort to make sure the Senator the city and State from which I come, have a daughter who lives in New York from Oklahoma is treated fairly. Even I will work with him because I hate City. I want her protected. I don’t want though he is not a member of the con- seeing the money wasted. I hate it. to do something that might stop that, ference, I will arrange it, if he is not on In New York City, we are spending but we have to do it in a way that the conference committee, he can come money. New York City taxpayers and makes us good stewards of the tax- and talk to the conferees. I will do New York State taxpayers are spending payers’ money. whatever I can to help alleviate any of money because we don’t think there is That is my reason for objecting. It is the concerns he has. enough. I will give one example. not on behalf of the Republican leader- The PRESIDING OFFICER. The Sen- I live in Brooklyn. There is the ship. It is on behalf of myself and my ator from New York. Brooklyn Bridge. Intelligence reports

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8682 CONGRESSIONAL RECORD — SENATE June 28, 2007 targeted the Brooklyn Bridge several after long negotiations Katie signed off on the Great Fire of 1871, Barbara Carr years ago, and they know how they our final agreement. ‘‘make(s) no little plans.’’ would try to blow up the bridge, which Beth worked on this and will send more in- She joined the Botanic Garden as is by the two towers, the cables. It is a formation in a moment. president and CEO in 1995 and imme- suspension bridge, the first one ever It appears they have worked this out. diately set to work developing and car- built. Every day there are two police Mr. COBURN. Mr. President, I have rying out a 10-year, $100 million im- officers at each end of the bridge. That no knowledge, I say to the majority provement plan. is four police officers 7 days a week, 24 leader, that has been worked out. The Her plan included renovation and hours a day. We can’t do it part time if last memo I have from my staff direc- construction of eight gardens, as well terrorists are going to go after this tor is that it has not. If that is the as the restoration of close to 6 miles of bridge. So that is 20 police officers per case, again, I will live up to my word Lake Michigan shoreline. week. It is five shifts to do it 24 hours that I promised the majority leader Under her direction, the Chicago Bo- a day, 7 days a week. That money is and senior Senator from New York tanic Garden has expanded its collec- coming out of the pockets not of my that you would not have an objection tion to include more than 2 million friend from Nevada or my friend from from me— plants. While it is undeniably beautiful, the Oklahoma but the daughter of the Sen- Mr. REID. If this is the case, tomor- Chicago Botanic Garden prides itself on ator from Oklahoma, my family, me, row in the Senator’s absence, can we go being more than just a pretty garden. city residents. It is not fair. ahead with this bill? Under Barbara Carr’s leadership, the This bill, in terms of helping deal Mr. COBURN. If that is the case, then garden has truly become a living mu- with some of those issues, is impor- I don’t have a basis for objection. seum and classroom. Students from the tant. In making our homeland secure, The PRESIDING OFFICER. The ma- Chicago Public Schools attend pro- it is important. jority leader. grams at the garden in which they So I make a plea to my friend from f learn about the science of plants and Oklahoma—and he is my friend and I VOTE EXPLANATION the importance preserving biodiver- think every bit of his intentions are Mr. BIDEN. Mr. President, I was not sity. honorable, as they almost always are— And you don’t even have to visit the to let this bill go forward, to take the able to be here yesterday for all of the votes on motions to table amendments Botanic Garden to learn from it. Work- majority leader’s word that he will ing with the University of Illinois at look at this issue himself carefully and to S. 1639. Had I been here, I would have voted against tabling the amend- Chicago, the garden created an online, make sure the Senator from Oklahoma searchable database of plant species ments filed by Senator DODD and Sen- has the ability to look at it carefully that can help even the most inexperi- ator MENENDEZ. because this bill has been delayed long enced gardener. It is called eplants.org. enough and the heartfelt pleas of the f If you have a garden you might want to people who Senator REID mentioned—I TRIBUTE TO BARBARA WHITNEY bookmark that site. It is a good one. know most of them personally, I know CARR A few years ago, Barbara Carr real- about their losses, I know their fami- ized that in Chicago—one of the lies a little bit—are for real, as are the Mr. DURBIN. Mr. President, Chicagoans take our green spaces very greenest cities in the country—there pleas of everybody else who is involved. weren’t a lot of advanced degree pro- seriously. In fact, if you look at the So I ask my colleague to consider grams in horticulture and botany, and great seal of the city of Chicago, you lifting his objection and letting us she quickly set about to fill that gap. will see, written in Latin, the city’s move forward. There will be plenty of She initiated the creation of an Aca- motto: Urbs in Horto—City in a Gar- time to object if the conference com- demic Affairs Program at the Botanic den. mittee doesn’t treat him fairly. He can Garden and teamed with Northwestern So it seems only natural that Chi- slow this place down and slow the bill University, the Illinois Institute of cago is home to one of America’s most down at that point and have the same Technology, and the University of Illi- popular and spectacular gardens: the effect as doing it now, and we might be nois to develop several outstanding Chicago Botanic Garden. able to move forward with the legisla- academic programs. tion. The Botanic Garden is one of the In recent years the garden has be- Mr. COBURN. Mr. President, if I brightest jewels in Chicago’s crown of come the site of cutting edge research might be recognized, I say to my col- great cultural and educational institu- in the fields of botany and environ- league for New York, I have been work- tions. mental conservation. ing on this for 6 months. This isn’t Since its opening in 1972, the Chicago In recent years the garden has be- new. They knew this was coming. Botanic Garden has provided a 385-acre come the site of cutting edge research These are commitments that were island of beauty and tranquility just in the fields of botany and environ- made that were not kept. This is not a outside of one of America’s biggest and mental conservation. It is home to an busiest cities. reflection on Senator LIEBERMAN. This impressive seed repository called the is a staff-driven problem. The only le- Today, it is the second-most visited Seeds of Success program, part of a verage I have to get staff to do what public garden in the country, drawing global initiative to collect and store they are supposed to be doing is this. appreciative visitors from throughout native seeds in order to preserve plant I apologize to the Senator and to his the Chicago area and around the globe. biodiversity. constituents. If my colleagues fix it Part of what makes the Chicago Bo- Over the years, both Barbara and the over the break, when we come back, I tanic Garden so extraordinary is the garden have received many accolades. would not have any objection. dedication, vision and inexhaustible The garden was recognized for its edu- Mr. SCHUMER. Mr. President, will energy of the woman who has served as cational programs and community out- my colleague yield? its president for the last 12 years, Bar- reach projects with the National Award Mr. COBURN. Yes, I yield. bara Whitney Carr. for Museum and Library Service in Mr. SCHUMER. Is that the Senator’s With a great sense of gratitude—and 2004. This prestigious honor is the high- only objection? a touch of sadness I would like to wish est award bestowed upon a museum. Mr. COBURN. That is the only objec- Barbara Carr well as she prepares to Earlier this year, the American Public tion I have. step down from the Botanic Garden and Garden Association presented Barbara Mr. REID. Mr. President, I say to begin a new chapter in her life. More with the 2007 Award of Merit, the orga- Senator COBURN, I received a note. This importantly, I want to thank her for nization’s highest honor. is from Senator LIEBERMAN’s staff: all she has done to make the Chicago Before joining the Botanic Garden, Botanic Garden a beautiful oasis, a Barbara Carr earned a degree from We have worked very close with Senator COBURN’s staff—in particular his sub- popular tourist attraction, and an im- Denison University in Ohio. She spent committee staff director—Katie French. portant teaching tool. nearly 20 years at the Lincoln Park Zo- Coburn’s provisions were included in S. 4. Like Daniel Burnham, the legendary ological Society, serving as its execu- The House negotiators opposed them and planner who redesigned Chicago after tive director and president.

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 28, 2007 CONGRESSIONAL RECORD — SENATE S8683 To say that Barbara is ‘‘retiring’’ arrived to take over. Mead was safely sumptions of S. Con Res. 21, the 2008 somehow doesn’t seem quite right. It revived, taken to the hospital, and re- budget resolution. would be more accurate to say that she leased the next day with no lasting in- For 2007, the estimates show that is redirecting her energies. I have no juries. current level spending equals the budg- doubt that Barbara will remain in- The lakeside rescue is not the first et resolution for both budget authority volved in her community and com- time these individuals have displayed and outlays while current level reve- mitted to the many causes in which tremendous heroism—each has also nues exceed the budget resolution by she believes so deeply. She will also served in Iraq with distinction. As vet- $4.2 billion. For 2008, the estimates have the opportunity to spend more erans of U.S. Army combat convoy show that current level spending is time with her family: her husband Rob- duty, they were tasked with dangerous below the budget resolution by $928.1 ert F. Carr III—better known as Tad and difficult work in the most demand- billion for budget authority and $586.7 their six children, and 11 grand- ing of circumstances. Like their recent billion for outlays while current level children. rescue of Joseph Mead, however, no revenues exceed the budget resolution I join the residents of Chicago, the challenge has yet proven too difficult level by $34.6 billion. ‘‘city in a garden,’’ in thanking Bar- for them to overcome. bara Whitney Carr for helping to create Staff Sergeant Fletcher hails from I ask unanimous consent that the a garden in our city that makes us all McCloud, TX; Senior Airman Greer is letters and accompanying tables from proud. from Bozeman, MT; and Senior Airman CBO be printed in the RECORD. f Rogers is from Cumberland Gap, TN. There being no objection, the mate- They are currently assigned to the rial was ordered to be printed in the RESCUERS FROM EIELSON AIR 354th Logistics Readiness Squadron at RECORD, as follows: FORCE BASE Eielson Air Force Base, where they U.S. CONGRESS, Mr. STEVENS. Mr. President, it serve Alaska and our Nation with CONGRESSIONAL BUDGET OFFICE, gives me great pride to salute three honor. Washington, DC, June 27, 2007. brave young airmen stationed at A few days after the rescue, Joseph Hon. KENT CONRAD, Eielson Air Force Base in Alaska. SSGt Mead’s cousin, Ben Saylor, said, ‘‘This Chairman, Committee on the Budget, Bryan Fletcher, SrA Elicia Greer, and is a reminder that there are good peo- U.S. Senate, Washington, DC. SrA John Rogers displayed remarkable ple in this world.’’ He is right. These DEAR MR. CHAIRMAN: The enclosed report heroism—and saved a life—on the airmen epitomize the kind of quiet pro- shows the effects of Congressional action on the fiscal year 2007 budget and is current evening of June 16, 2007. fessionalism and unassuming valor our The three airmen were riding rec- through June 25, 2007. This report is sub- men and women in uniform dem- mitted under section 308(b) and in aid of sec- reational vehicles near Jet Ski Lake in onstrate on a daily basis. I join all tion 311 of the Congressional Budget Act, as Fairbanks when they heard a woman Alaskans in commending their coura- amended. scream. They immediately stopped to geous actions. The estimates of budget authority, out- help, and saw an unconscious man f lays, and revenues are consistent with the about to drown in the lake. Staff Ser- technical and economic assumptions of S. geant Fletcher dove into the water BUDGET SCOREKEEPING REPORT Con. Res. 21, the Concurrent Resolution on first, followed by Senior Airman Greer. Mr. CONRAD. Mr. President, I rise to the Budget for Fiscal Year 2008, as approved They proceeded to pull the man out submit to the Senate the first budget by the Senate and the House of Representa- and began cardiopulmonary resuscita- scorekeeping reports for the 2008 budg- tives. tion. Senior Airman Rogers, who was et resolution. The reports, which cover Pursuant to section 204(a) of S. Con. Res. riding a distance away, soon arrived to fiscal years 2007 and 2008, were prepared 21, provisions designated as emergency re- help in this effort. by the Congressional Budget Office quirements are exempt from enforcement of Airmen Fletcher, Greer, and Rogers pursuant to section 308(b) and in aid of the budget resolution. As a result, the en- spent several minutes administering closed current level report excludes these section 311 of the Congressional Budget amounts (see footnote 1 of Table 2 of the re- CPR to Joseph Mead before they reg- Act of 1974, as amended. port). This is my first report for fiscal year istered any response. All three took The reports show the effects of con- 2007. turns performing mouth-to-mouth re- gressional action through June 25, 2007. Sincerely, suscitation and compressing Mead’s The estimates of budget authority, PETER R. ORSZAG, heart. They continued CPR until the outlays, and revenues are consistent Director. University of Alaska Fire Department with the technical and economic as- Enclosure. TABLE 1.—SENATE CURRENT LEVEL REPORT FOR SPENDING AND REVENUES FOR FISCAL YEAR 2007, AS OF JUNE 25, 2007 [In billions of dollars]

Current level over/ Budget resolution 1 Current level 2 under (¥) resolution

On-Budget: Budget Authority ...... 2,255.5 2,255.5 0.0 Outlays ...... 2,268.6 2,268.6 0.0 Revenues ...... 1,900.3 1,904.5 4.2 Off-Budget: Social Security Outlays 3 ...... 441.7 441.7 0.0 Social Security Revenues ...... 637.6 637.6 0.0 1 S. Con. Res, 21, the Concurrent Resolution on the Budget for Fiscal Year 2008, as adjusted pursuant to section 207(f), assumed approximately $120.8 billion in budget authority and $31.1 billion in outlays from emergency supplemental appropriations. Such emergency amounts are exempt from the enforcement of the budget resolution. Since current level totals exclude the emergency requirements enacted in P.L. 110–28 (see footnote 1 of table 2), budget authority and outlay totals specified in the budget resolution have also been reduced (by the amounts assumed for emergency supplemental appropriations) for purposes of comparison. 2 Current level is the estimated effect on revenue and spending of all legislation that the Congress has enacted or sent to the President for his approval. In addition, full-year funding estimates under current law are included for enti- tlement and mandatory programs requiring annual appropriations, even if the appropriations have not been made. 3 Excludes administrative expenses of the Social Security Administration, which are off-budget, but are appropriated annually. Source: Congressional Budget Office.

TABLE 2.—SUPPORTING DETAIL FOR THE CURRENT LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2007, AS OF JUNE 25, 2007 [In millions of dollars]

Budget authority Outlays Revenues

Enacted in previous session: Revenues ...... n.a. n.a. 1,904,706 Permanents and other spending legislation ...... 1,347,423 1,297,059 n.a. Appropriation legislation ...... 1,480,453 1,543,072 n.a. Offsetting receipts ...... ¥571,507 ¥571,507 n.a. Total, enacted in previous session ...... 2,256,369 2,268,624 1,904,706

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8684 CONGRESSIONAL RECORD — SENATE June 28, 2007 TABLE 2.—SUPPORTING DETAIL FOR THE CURRENT LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2007, AS OF JUNE 25, 2007—Continued [In millions of dollars]

Budget authority Outlays Revenues

Enacted this session: Appropriation Acts: U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (P.L. 110–28) 1 ...... ¥794 9 ¥166 Total, enacted this session ...... ¥794 9 ¥166 Entitlements and mandatories: Budget resolution estimates of appropriated entitlements and other mandatory programs ...... ¥30 0 0 Total Current Level 12 ...... 2,255,545 2,268,633 1,904,540 Total Budget Resolution ...... 2,376,348 2,299,749 1,900,340 Adjustment to the budget resolution for emergency requirements 3 ...... ¥120,803 ¥31,116 0 Adjusted Budget Resolution ...... 2,255,545 2,268,633 1,900,340 Current Level Over Adjusted Budget Resolution ...... 0 0 4,200 Current Level Under Adjusted Budget Resolution ...... 0 0 n.a. 1 Pursuant to section 204(a) of S. Con. Res. 21, the Concurrent Resolution on the Budget for Fiscal Year 2008, provisions designated as emergency requirements are exempt from enforcement of the budget resolution. The amounts so designated for fiscal year 2007, which are not included in the current level total, are as follows: U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (P.L. 110–28)—Budget Authority, 120,803; Outlays, 31,116; Revenues, n.a. 2 Excludes administrative expenses of the Social Security Administration, which are off-budget. 3 S. Con. Res. 21, as adjusted pursuant to section 207(f), assumed $120,803 million in budget authority and $31,116 million in outlays from emergency supplemental appropriations. Such emergency amounts are exempt from the enforcement of the budget resolution. Since current level totals exclude the emergency requirements enacted in P.L. 110–28 (see footnote 1), budget authority and outlay totals specified in the budget resolution have also been reduced (by the amounts assumed for emergency supplemental appropriations) for purposes of comparison. Notes.—n.a. = not applicable; P.L. = Public Law. Source: Congressional Budget Office.

U.S. CONGRESS, tion 311 of the Congressional Budget Act, as quirements are exempt from enforcement of CONGRESSIONAL BUDGET OFFICE, amended. the budget resolution. As a result, the en- Washington, DC, June 27, 2007. The estimates of budget authority, out- closed current level report excludes these Hon. KENT CONRAD, lays, and revenues are consistent with the amounts (see footnote 1 of Table 2 of the re- technical and economic assumptions of S. Chairman, Committee on the Budget, U.S. Sen- port). This is my first report for fiscal year ate Washington, DC. Con. Res. 21, the Concurrent Resolution on 2008. DEAR MR. CHAIRMAN: The enclosed report the Budget for Fiscal Year 2008, as approved Sincerely, shows the effects of Congressional action on by the Senate and the House of Representa- PETER R. ORSZAG, the fiscal year 2008 budget and is current tives. through June 25, 2007. This report is sub- Pursuant to section 204(a) of S. Con. Res. Director. mitted under section 308(b) and in aid of sec- 21, provisions designated as emergency re- Enclosure. TABLE 1.—SENATE CURRENT LEVEL REPORT FOR SPENDING AND REVENUES FOR FISCAL YEAR 2008, AS OF JUNE 25, 2007 [In billions of dollars]

Current level over/ Budget resolution 1 Current level 2 under (¥) resolution

On-budget Budget Authority ...... 2,350.2 1,422.1 ¥928.1 Outlays ...... 2,353.8 1,767.1 ¥586.7 Revenues ...... 2,015.8 2,050.5 34.6 Off-budget Social Security Outlays 3 ...... 460.2 460.2 0.0 Social Security Revenues ...... 669.0 669.0 0.0

1 S. Con. Res. 21, the Concurrent Resolution on the Budget for Fiscal Year 2008, as adjusted pursuant to section 207(f), assumed approximately $0.6 billion in budget authority and $48.6 billion in outlays from emergency supplemental appropriations. Such emergency amounts are exempt from the enforcement of the budget resolution. Since current level totals exclude the emergency requirements enacted in P.L. 110–28 (see footnote 1 of table 2), budget authority and outlay totals specified in the budget resolution have also been reduced (by the amounts assumed for emergency supplemental appropriations) for purposes of comparison. Additionally, section 207(c)(2)(E) of S. Con. Res. 21 assumed $145.2 billion in budget authority and $65.8 billion in outlays for overseas deployment and related activities. Pending action by the Senate Committee on Appropriations, the Senate Committee on the Budget has directed that these amounts be excluded from the budget resolution aggregates in the current level report. 2 Current level is the estimated effect on revenue and spending of all legislation that the Congress has enacted or sent to the President for his approval. In addition, full-year funding estimates under current law are included for enti- tlement and mandatory programs requiring annual appropriations, even if the appropriations have not been made. 3 Excludes administrative expenses of the Social Security Administration, which are off-budget, but are appropriated annually. Source: Congressional Budget Office.

TABLE 2.—SUPPORTING DETAIL FOR THE CURRENT LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2008, AS OF JUNE 25, 2007 [In millions of dollars]

Budget authority Outlays Revenues

Enacted in previous session: Revenues ...... n.a. n.a. 2,050,796 Permanents and other spending legislation ...... 1,410,115 1,351,590 n.a. Appropriation legislation ...... 0 419,862 n.a. Offsetting receipts ...... ¥575,635 ¥575,635 n.a.

Total, enacted in previous session ...... 834,480 1,195,817 2,050,796 Enacted this session: Appropriation Acts: U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (P.L. 110–28) 1 ...... 1 42 ¥335

Total, enacted this session ...... 1 42 ¥335 Entitlements and mandatories: Budget resolution estimates of appropriated entitlements and other mandatory programs ...... 587,601 571,260 0 Total Current Level12 ...... 1,422,082 1,767,119 2,050,461 Total Budget Resolution ...... 2,495,957 2,468,215 2,015,841 Adjustment to the budget resolution for emergency requirements 3 ...... ¥605 ¥48,639 n.a. Adjustment to the budget resolution pursuant to section 207(c)(2)(E) 4 ...... ¥145,162 ¥65,754 n.a.

Adjusted Budget Resolution ...... 2,350,190 2,353,822 2,015,841 Current Level Over Adjusted Budget Resolution ...... n.a. n.a. 34,620 Current Level Under Adjusted Budget Resolution ...... 928,108 586,703 n.a. 1 Pursuant to section 204( a) of S. Con. Res. 21, the Concurrent Resolution on the Budget for Fiscal Year 2008, provisions designated as emergency requirements are exempt from enforcement of the budget resolution. The amounts so designated for fiscal year 2008, which are not included in the current level total, are as follows: U.S. Troop Readiness, Veterans’ Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007 (P.L. 110–28)—budget authority, 605; outlays, 48,639; revenues, n.a. 2 Excludes administrative expenses of the Social Security Administration, which are off-budget. 3 S. Con. Res. 21, as adjusted pursuant to section 207(f), assumed $605 million in budget authority and $48,639 million in outlays from emergency supplemental appropriations. Such emergency amounts are exempt from the enforcement of the budget resolution. Since current level totals exclude the emergency requirements enacted in P.L. 110–28 (see footnote 1), budget authority and outlay totals specified in the budget resolution have also been reduced (by the amounts assumed for emergency supplemental appropriations) for purposes of comparison. 4 Section 207(c)(2)(E) of S. Con. Res. 21 assumed $145,162 million in budget authority and $65,754 million in outlays for overseas deployment and related activities. Pending action by the Senate Committee on Appropriations, the Sen- ate Committee on the Budget has directed that these amounts be excluded from the budget resolution aggregates in the current level report. Notes.—n.a. = not applicable; P.L. = Public Law. Source: Congressional Budget Office.

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 28, 2007 CONGRESSIONAL RECORD — SENATE S8685 NOMINATION OF LIEUTENANT for four reasons. First, our diplomats minds of the people. Civil affairs operations, GENERAL DELL LEE DAILEY and foreign assistance professionals public diplomacy—right now the Special Op- erations organizations have about 15 or 20 Mr. FEINGOLD. Mr. President, I wish have the background and training to conduct these activities. Second, re- teams that help in public diplomacy that to discuss the confirmation of Lieuten- work specifically for the ambassadors in the ant General Dell Lee Dailey as the Co- gardless of the skills of Special Oper- embassies. That’s just a small snapshot of ordinator in the State Department’s ations forces, the very fact that uni- what the military can bring to the table. Office of Counterterrorism. formed officers are at the forefront of Unfortunately, this response appears Lieutenant General Dailey has had a local diplomacy can be counter- to reflect the mindset of someone who distinguished military career. There productive by encouraging or rein- sees combating terrorism through a can be no question about that. He is a forcing perceptions that U.S. policy is military, or at least Department of De- graduate of West Point and has served driven by our military. Third, if policy fense, prism. This answer suggests a as a battalion commander, regiment is to guide counterterrorism efforts— lack of appreciation for the need to in- commander, and assistant division and that is the whole point of the Coor- corporate and balance civil, intel- commander both at posts in the United dinator position—then diplomats, not ligence, and military initiatives when States and abroad. Most recently, he soldiers, need to be leading the way. coordinating a U.S. counterterrorism served as director at the Center for And, finally, we need our military to strategy. It is not that the answer is Special Operations at MacDill Air do what it does best in the struggle wrong; it indicates a keen under- Force Base. He has received numerous against al-Qaida and its allies, and that standing of what the Department of awards for his excellence including the is conduct tactical operations as well Defense can bring to the table. But the Defense Distinguished Service Medal, as work directly with host country Department of Defense does not need two Defense Superior Service Medals, militaries and regional peacekeeping more champions in the interagency three Army Commendation Medals and forces. The overextension of Special process. What is needed is a champion six Meritorious Service Medals. He has Operations or other military forces for for the role of other agencies and de- spent his entire life defending this na- other missions takes away from these partments, for aggressive diplomacy, tion and I thank him for service. efforts. for expanded foreign assistance efforts, The position to which he was con- We need only look at Africa, where firmed last Friday is that of the State for antipoverty and anticorruption pro- strategic counterterrorism policies are grams that complement broader coun- Department’s Coordinator for the Of- desperately needed, to understand the fice of Counterterrorism. While I did terterrorism strategies, for effective challenges ahead. In Somalia, DOD op- public diplomacy, and for multilateral not object to Lieutenant General erations have been conducted in a near Dailey’s confirmation, as a member of cooperation, including strengthening policy vacuum. Tactical efforts have regional organizations in places like both the Foreign Relations Committee not, and will not, address the condi- and the Select Committee on Intel- Africa and rediscovering the common tions that have allowed terrorist orga- ground with our allies in Europe and ligence, I would like to register my nizations safe haven. Yet violence and concerns. elsewhere that we had immediately instability continue to fester, at great after September 11. While the nomination of a military cost to our national security, without official to a civilian post does not by I recognize that these challenges adequate diplomatic, humanitarian or present an extremely high bar for any itself cause concerns, this particular foreign assistance efforts. Elsewhere on position requires an ability to develop nominee. I also recognize that this the continent, in regions where extre- nomination is colored by the failure of and implement interagency strategies mism can take hold and where ter- and to encourage the use of and mobi- this administration to develop and im- rorist organizations might find sympa- plement effective interagency counter- lize non-DOD assets. In the context of thetic populations, neither the State this administration’s tendency to em- terrorism strategies. But it is precisely Department nor USAID has sought to because of the critical importance of ploy military options against strategic maintain a presence. Finally, problems, or to assign nonmilitary this position and the need for the AFRICOM’s recent difficulties in find- nominee to resist this administration’s functions to the Department of De- ing a willing host country illustrate fense, it is particularly important that overemphasis on military options that how diplomatic initiatives must pre- I have regarded General Dailey’s nomi- the Coordinator for Counterterrorism cede efforts to expand our military demonstrate a commitment to expand- nation with such scrutiny. I do not reg- footprint. I have supported AFRICOM ister these concerns lightly and now ing and utilizing the resources of the and believe that African nations will State Department, USAID and other that he has been confirmed, I look for- recognize what the command may have ward to working with General Dailey agencies of the U.S. Government. to offer, but we must acknowledge that I have talked with General Dailey on developing coherent and comprehen- governments and local populations and reviewed his writings, including a sive counterterrorism strategies, co- alike remain skeptical of initiatives 2006 article in which he wrote that Spe- ordinating true interagency efforts and that seem driven by our military. cial Operations forces, ‘‘doing what promoting the use of our diplomatic It is in this context that I sought they do best,’’ are ‘‘developing links and other nonmilitary resources that from General Dailey an understanding within the population that will provide are so critical to success in the fight of this critical position, one whose pri- ongoing intelligence and personal rela- against al-Qaida and its affiliates. mary mission is ‘‘to forge partnerships tionships that will cement ties with al- with non-state actors, multilateral or- lies around the world.’’ When it comes f ganizations, and foreign governments to military engagements, Special Oper- to advance the counterterrorism objec- ations forces may, in fact, have this REMEMBERING SENATOR CRAIG tives and national security of the role. But in most of the countries and THOMAS United States.’’ At his nomination regions of the world where we are Mr. GRASSLEY. Mr. President, Sen- hearing, I asked him the following fighting al-Qaida and seeking to deny ator Craig Thomas was a very good question: it safe haven, these activities should friend. He served in the Senate with not fall to the Department of Defense. What points of collaboration do you see for great honor and respect for the institu- the relative roles of U.S. military action, Indeed, ‘‘developing links within the military assistance and nonmilitary assist- tion. population’’ and ‘‘cement[ing] ties with ance in the war against international ter- I got to know Senator Thomas best allies around the world’’ are the jobs of rorism? through the work of the Finance Com- our diplomats. And, in far-flung re- Lieutenant General Dailey’s response mittee. Senator Thomas was an active gions of the world, where a U.S. diplo- was: and dedicated participant in the busi- matic presence or foreign aid program ness of the committee from tax policy, The military has a huge source of non-le- can help deny terrorist organizations thal, non-kinetic resources that Department to health care, Social Security and safe haven, we should be working to ex- of State and the other agencies, I think, can international trade. When I was chair- pand those efforts, not deferring to the rely on to be successful in that portion of the man of the committee, I could always Department of Defense. This is critical war on terror that gets to the hearts and count on his diligent, steadfast and

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8686 CONGRESSIONAL RECORD — SENATE June 28, 2007 valuable involvement in the issues be- was not one to pick a fight, but if student and accomplished athlete, and fore us. I appreciated greatly his com- asked how he felt about a given issue, from there he went on to serve in the mitment to conservative principles and he would be sure to give his typically U.S. Marine Corps. It was these life ex- the responsibilities of governing. candid and honest response. When it periences that taught Craig the values In particular, as chairman of the came to issues he was passionate of hard work, perseverance, and per- Trade Subcommittee, Senator Thomas about, such as public lands and private sonal responsibility. These principles was a strong voice for opening new property, he left little doubt as to his guided him throughout his remarkable markets and opportunities for U.S. ex- priorities. As a member of the Senate career, during which he worked for the ports. He went above and beyond and Energy Committee, and particularly in Wyoming Farm Bureau, the American engaged himself fully in efforts to his leadership of the National Parks Farm Bureau, and the Wyoming Rural achieve ambitious outcomes from trade Subcommittee, Craig asked tough Electric Association before winning a negotiations. He demonstrated his questions and made strong statements special election to the U.S. House of commitment time and again with his about the responsibility of the Federal Representatives. own personal time and his personal re- Government to care for the land it al- In 1994, Craig was elected to the U.S. solve. ready owned; the fundamental nature Senate, and went on to make his mark Senator Thomas was a true rep- of private property rights; and in a number of areas. He served with resentative for his Wyoming constitu- Congress’s need to consider the inter- distinction on the Energy, Finance, ents. He worked hard and sincerely for play between these principles when and Agriculture Committees—posts he their good and for the good of our Na- contemplating new national parks or used to promote issues important to tion every day. He will be missed so historic sites. He was always a fair his constituents in the rural west and very much. Barbara and I extend our broker, and I found on many occasions their quality of life. As the chairman of sincere and deep sympathies to his that he would give my priorities fair the National Parks Subcommittee, family and his staff. consideration and due process. Craig worked tirelessly to protect Mr. SPECTER. Mr. President, I seek I very much regret that Senator America’s natural treasures, and as the recognition to honor the life of my col- Thomas lost his battle to cancer. In co-chairman of the Senate Rural league, Senator Craig Thomas. 1970, President Nixon declared war on Health Caucus, he made significant Craig, a real outdoorsman, would say cancer. Had that war been prosecuted strides in improving rural health care he enjoyed nothing more than a horse- with the same diligence as other wars, infrastructure. No question, Craig’s nu- back ride through Wyoming’s spectac- my former chief of staff, Carey merous accomplishments truly speak ular wilderness area. Despite that, he Lackman, a beautiful young lady of 48, volumes about his commitment to the found himself here in Washington, DC, would not have died of breast cancer. people of Wyoming and our entire Na- working for the betterment of his One of my very best friends, a very dis- tion. Home State and the Nation. He was tinguished Federal judge, Chief Judge Craig’s greatest commitment, how- outspoken on government’s need to Edward R. Becker, would not have died ever, was to his family. He was unwav- provide adequate funding for national of prostate cancer. All of us know peo- ering in his devotion to his dear wife parks, a subject he knew well as chair- ple who have been stricken by cancer, Susan and his children Peter, Patrick, man and ranking member of the Na- who have been incapacitated with Par- Greg, and Lexie. My husband Bob and I tional Parks Subcommittee on the En- kinson’s or Alzheimer’s, who have been are blessed to have known and worked ergy and Natural Resources Com- victims of heart disease, or many other with Craig, and we keep Susan and the mittee. maladies. I sustained an episode with entire Thomas family in our thoughts Senator Thomas was also a strong Hodgkin’s lymphoma cancer 2 years and prayers. defender of his State’s cattle industry ago. That trauma, that illness, I think, Craig’s memory and legacy indeed and was a firm believer in the virtues could have been prevented had that live on, across Wyoming, throughout of rural America. This passion stems war on cancer declared by the Presi- the halls of Congress, in the countless back to his time at the University of dent of the United States in 1970 been lives he touched, and in the public Wyoming, where he received a degree prosecuted with sufficient intensity. servants who follow in his footsteps. in animal husbandry. Senator Thomas On a personal level, Senator Thomas Our Nation is grateful for his many also served as an officer in the U.S. Ma- had an extraordinary relationship with years of service and positive contribu- rine Corps from 1955 to 1959, achieving his wife Susan. As many of my col- tions. May God bless the entire Thom- the rank of captain, an experience that leagues can attest, Craig and Susan as family in this time of sorrow, and taught discipline and reinforced his were quite inseparable and quick with may God continue to bless his beloved commitment to the United States. humor. Even as Craig battled with Wyoming and this great land of the Before Craig came to Congress, he acute myeloid leukemia he continued free—America. served as vice president of the Wyo- to serve in the Senate with extreme f ming Farm Bureau, and once headed vigor and a smile. He leaves behind CELEBRATING INDEPENDENCE the rural electric trade association of many friends and admirers, who have DAY Wyoming. After 5 years in the Wyo- tried to emulate his courage, his tenac- ming House, Thomas won a special ity, and his integrity. Mr. DOMENICI. Mr. President, I election to replace DICK CHENEY, who I extend my deepest condolences to would like to take a few moments to was appointed to be Secretary of De- Susan, their four children, the whole commemorate the 231st birthday of our fense. As Wyoming’s lone Member in Thomas family, and his very able staff. Nation, on this coming Fourth of July. the U.S. House of Representatives, he Mrs. DOLE. Mr. President, it is with On the 4th of July, 1776, the Second had the responsibility of representing a heavy heart that I join so many Continental Congress adopted the Dec- over 450,000 constituents. Craig was re- Americans in mourning the passing of laration of Independence and our Na- elected to that seat in 1990 and 1992, a my dear friend and esteemed colleague, tion was born. However, our forefathers testament to his ability to serve the Senator Craig Thomas. Craig served would have to fight 7 more years and people of Wyoming effectively. In 1994, the people of Wyoming with great in- draft and ratify the Constitution before he ran for the U.S. Senate and won, de- tegrity, honesty, and common sense. the principles laid down in the Declara- feating popular Democratic Governor He was a true American patriot and tion of Independence could truly begin Mike Sullivan by 20 percentage points. dedicated public servant who never to be realized. He was elected to a second term in 2000 failed to put the best interests of his That was just the beginning of our with a 74 percent majority, one of the beloved state and country above per- Nation’s story. It has taken the hard largest margins in Wyoming election sonal ambitions. work and dedication of countless history. He was reelected to a third Craig came from humble beginnings, Americans to build the great and free term in 2006 with 70 percent of the working summers on his family’s dude Nation we know today. On this day we vote. ranch near Yellowstone National Park. should pay tribute to the pioneers who Senator Thomas had no doubts about He earned a degree from the University struck out across the frontier to build who he was or what he represented. He of Wyoming, where he was a respected new lives, the individuals who built the

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 28, 2007 CONGRESSIONAL RECORD — SENATE S8687 roads and bridges that connect the memorate such events in our country’s S. 277. An act to modify the boundaries of country, the teachers who have en- history, I look forward to many more Grand Teton National Park to include cer- sured our youth reached their full po- festivals such as these that bring peo- tain land within the GT Park Subdivision, and for other purposes. tential and all Americans who in their ple together from across the globe.∑ f own way have contributed to this Na- f tion. ENROLLED BILLS SIGNED RECOGNIZING SINAI, SOUTH We cannot forget the brave Ameri- The message further announced that DAKOTA cans of our armed services who the Speaker has signed the following throughout our history have fought ∑ Mr. THUNE. Mr. President, today I enrolled bills: and died to preserve the freedom we all recognize Sinai, SD. The town of Sinai S. 229. An act to redesignate a Federal enjoy, nor those currently serving. On will celebrate the 100th anniversary of building in Albuquerque, New Mexico, as the the Fourth of July we must also honor its founding this year. ‘‘Raymond G. Murphy Department of Vet- the sacrifice of these men and women. Since its beginning in 1907, Sinai has erans Affairs Medical Center’’. As New Mexicans gather with family been a strong reflection of South Dako- S. 801. An act to designate a United States courthouse located in Fresno, California, as and friends to barbecue and watch fire- ta’s values and traditions. As they cel- the ‘‘Robert E. Coyle United States Court- works, I hope they will take a moment ebrate this milestone anniversary, I am house’’. to remember the greatness of this Na- confident that Sinai will continue to The enrolled bills were subsequently tion and pay tribute to all those who thrive and succeed for the next 100 signed by the President pro tempore have made it so. years. (Mr. BYRD). f I would like to offer my congratula- At 12:18 p.m., a message from the ADDITIONAL STATEMENTS tions to the citizens of Sinai on their anniversary and wish them continued House of Representatives, delivered by prosperity in the years to come.∑ Mr. Hanrahan, one of its reading clerks, announced that the House has 60TH ANNIVERSARY OF THE f ROSWELL UFO FESTIVAL passed the following bill, without RECOGNIZING NUNDA, SOUTH amendment: ∑ Mr. DOMENICI. Mr. President, today DAKOTA S. 1704. An act to temporarily extend the I would like to commemorate the 60th ∑ Mr. THUNE. Mr. President, today I programs under the Higher Education Act of anniversary of the Roswell UFO inci- 1965, and for other purposes. dent. recognize Nunda, SD. The town of Nunda will celebrate the 100th anniver- The message also announced that the On July 8, 1947, the Roswell Army Air House has passed the following bill, in sary of its founding this year. Field, RAAF, issued a statement an- which it requests the concurrence of Nunda was founded in 1907 with the nouncing they had recovered a ‘‘flying the Senate: arrival of the South Dakota Central disk’’ from a nearby ranch. This news H.R. 2643. An act making appropriations release, concerning the landing of a Railroad. Since its beginning, Nunda for the Department of the Interior, environ- mysterious object, was quickly has been a strong reflection of South ment, and related agencies for the fiscal year changed. The next day, the RAAF Dakota’s values and traditions. As ending September 30, 2008, and for other pur- issued a retraction and stated the mys- they celebrate this milestone anniver- poses. terious object was in fact a downed sary, I am confident that Nunda will The message further announced that weather balloon. Although Roswell continue to thrive and succeed for the the House has agreed to the following Army Air Field officials had retracted next 100 years. concurrent resolution, in which it re- their original statement within 24 I would like to offer my congratula- quests the concurrence of the Senate: hours, the controversy, which has en- tions to the citizens of Nunda on their H. Con. Res. 172. Concurrent resolution dured for 60 years, had already begun. anniversary and wish them continued honoring the life of each of the 9 fallen City prosperity in the years to come.∑ of Charleston firefighters who lost their lives The interest ignited by the original in Charleston, South Carolina, on June 18, ‘‘flying disk’’ statement continues to f 2007. spark debate for many, not just in the MESSAGES FROM THE PRESIDENT great State of New Mexico but around At 6:13 p.m., a message from the the world. Supposed witnesses of the Messages from the President of the House of Representatives, delivered by event and UFO theorists to this day United States were communicated to Ms. Niland, one of its reading clerks, claim that the mysterious object was the Senate by Ms. Evans, one of his announced that the House has agreed an actual alien aircraft. Others hold secretaries. to the following concurrent resolution: steadfast in the Air Force’s latest clas- f H. Con. Res. 179. Concurrent resolution sification of the object being a U.S. providing for a conditional adjournment of EXECUTIVE MESSAGES REFERRED the House of Representatives and a condi- Government spy balloon. Regardless of tional recess of adjournment of the Senate. what was recovered 60 years ago, this As in executive session the Presiding notable event has become part of Officer laid before the Senate messages f Roswell and the history of our State. from the President of the United MEASURES PLACED ON THE For the past 12 years, the city of States submitting sundry nominations CALENDAR Roswell has celebrated this well-known and withdrawals which were referred to The following bill was read the first event by holding the Roswell UFO Fes- the appropriate committees. and second times by unanimous con- tival on the town’s main street. Skep- (The nominations received today are sent, and placed on the calendar: tics and alien-enthusiasts alike gather printed at the end of the Senate pro- H.R. 2643. An act making appropriations from around the globe to commemo- ceedings.) for the Department of the Interior, environ- rate the incident by partaking in nu- f ment, and related agencies for the fiscal year merous activities and programs during ending September 30, 2008, and for other pur- a 4-day festival. The people who con- MESSAGES FROM THE HOUSE poses. verge in Roswell this year for the fes- At 9:33 p.m., a message from the The following concurrent resolution tival, July 5—8, are in for an exciting House of Representatives, delivered by was read, and placed on the calendar: weekend, as it promises to be the best Ms. Niland, one of its reading clerks, H. Con. Res. 172. Concurrent resolution in the festival’s history. Lectures, pa- passed the following bill, in which it honoring the life of each of the 9 fallen City requests the concurrence of the Senate: of Charleston firefighters who lost their lives rades, concerts, hot air balloon rides in Charleston, South Carolina, on June 18, and air shows are only a few of the H.R.1830. An act to extend the authorities 2007. items on this year’s program. of the Andean Trade Preference Act until f I have no doubt the controversy and February 29, 2008. debate surrounding the events of 60 The message also announced that the ENROLLED BILLS PRESENTED years ago will continue. However, as House has passed the following bill, The Secretary of the Senate reported long as we are able to enjoy and com- without amendment: that on today, June 28, 2007, she had

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8688 CONGRESSIONAL RECORD — SENATE June 28, 2007 presented to the President of the EC–2386. A communication from the Acting EC–2397. A communication from the Acting United States the following enrolled Director, Office of Sustainable Fisheries, De- Assistant Administrator, Bureau for Legisla- bills: partment of Commerce, transmitting, pursu- tive and Public Affairs, U.S. Agency for ant to law, the report of a rule entitled International Development, transmitting, S. 229. An act to redesignate a Federal ‘‘Fisheries of the Economic Exclusive Zone pursuant to law, the report of a rule entitled building in Albuquerque, New Mexico, as the Off Alaska; Pacific Cod in the Bering Sea and ‘‘Various Administrative Changes to the ‘‘Raymond G. Murphy Department of Vet- Aleutian Islands’’ (RIN0648–XA45) received USAID Acquisition Regulations’’ (RIN0412– erans Affairs Medical Center’’. on June 26, 2007; to the Committee on Com- AA60) received on June 26, 2007; to the Com- S. 801. An act to designate a United States merce, Science, and Transportation. mittee on Foreign Relations. courthouse located in Fresno, California, as EC–2387. A communication from the Acting EC–2398. A communication from the Assist- the ‘‘Robert E. Coyle United States Court- Director, Office of Sustainable Fisheries, De- ant Secretary, Office of Legislative Affairs, house’’. partment of Commerce, transmitting, pursu- Department of State, transmitting, pursuant f ant to law, the report of a rule entitled to law, certification of a proposed license for ‘‘Fisheries of the Economic Exclusive Zone the export of defense articles and defense EXECUTIVE AND OTHER Off Alaska; Shallow-Water Species Fishery services associated with the production of COMMUNICATIONS by Vessels Using Trawl Gear in the Gulf of tactical computers, data processing, and The following communications were Alaska’’ (RIN0648–XA68) received on June 26, communications systems for Israel; to the Committee on Foreign Relations. laid before the Senate, together with 2007; to the Committee on Commerce, Science, and Transportation. EC–2399. A communication from the Assist- accompanying papers, reports, and doc- EC–2388. A communication from the Assist- ant Secretary, Office of Legislative Affairs, uments, and were referred as indicated: ant Administrator for Fisheries, National Department of State, transmitting, pursuant EC–2378. A communication from the Under Marine Fisheries Service, Department of to law, a report relative to post-liberation Secretary of Defense (Comptroller), trans- Commerce, transmitting, pursuant to law, Iraq; to the Committee on Foreign Rela- mitting, pursuant to law, the report of a vio- the report of a rule entitled ‘‘Allocation of tions. lation of the Antideficiency Act by the De- Trips to the Closed Area II Yellowtail Floun- EC–2400. A communication from the Acting partment of the Air Force, case number 04– der Special Access Program’’ (RIN0648–AV50) Assistant Secretary, Office of Planning, 02; to the Committee on Appropriations. received on June 26, 2007; to the Committee Evaluation and Policy Development, Depart- EC–2379. A communication from the Direc- on Commerce, Science, and Transportation. ment of Education, transmitting, pursuant tors of Defense Research and Engineering EC–2389. A communication from the Assist- to law, a report relative to the articles, ma- and the Joint IED Defeat Organization, ant Administrator for Fisheries, National terials, or supplies manufactured outside the United States that were purchased by the transmitting, pursuant to law, a report rel- Marine Fisheries Service, Department of Department during fiscal year 2006; to the ative to the results of the survey of research Commerce, transmitting, pursuant to law, Committee on Health, Education, Labor, and and technology that would be supportive of the report of a rule entitled ‘‘Final Rule to Modify Swordfish Retention Limits and HMS Pensions. the combating IED mission; to the Com- EC–2401. A communication from the Acting Limited Access Vessel Upgrading Restric- mittee on Armed Services. Administrator, U.S. Agency for Inter- tions’’ ((RIN0648–AU86)(I.D. 110206A)) re- EC–2380. A communication from the Direc- national Development, transmitting, pursu- ceived on June 26, 2007; to the Committee on tor, Education Activity, Department of De- ant to law, the Semiannual Report of the Or- Commerce, Science, and Transportation. fense, transmitting, pursuant to law, notifi- ganization’s Inspector General for the period cation of a decision to implement perform- EC–2390. A communication from the Assist- ant Administrator for Fisheries, National ended March 31, 2007; to the Committee on ance by contract for the Logistics Support in Homeland Security and Governmental Af- Marine Fisheries Service, Department of the Domestic Dependent Elementary and fairs. Commerce, transmitting, pursuant to law, Secondary Schools at Fort Campbell, Ken- EC–2402. A communication from the Fed- tucky; to the Committee on Armed Services. the report of a rule entitled ‘‘Fisheries Off eral Co-Chair, Appalachian Regional Com- EC–2381. A communication from the Assist- West Coast States; Highly Migratory Species mission, transmitting, pursuant to law, the ant Secretary of Defense (Reserve Affairs), Fisheries’’ (RIN0648–AS89) received on June Semiannual Report of the Commission’s In- transmitting, pursuant to law, the 2006 An- 26, 2007; to the Committee on Commerce, spector General for the period of October 1, nual Report for the Department’s Science, and Transportation. 2006, through March 31, 2007; to the Com- EC–2391. A communication from the Direc- STARBASE Program; to the Committee on mittee on Homeland Security and Govern- tor, Office of Sustainable Fisheries, Depart- Armed Services. mental Affairs. EC–2382. A communication from the Sec- ment of Commerce, transmitting, pursuant EC–2403. A communication from the Sec- retary of Defense, transmitting, a report on to law, the report of a rule entitled ‘‘Closure retary of the Treasury, transmitting, pursu- the approved retirement of Lieutenant Gen- of Tilefish Permit Category B to Directed ant to law, the Semiannual Reports of two of Tilefish Fishing’’ (RIN0648–XA54) received on eral Dennis R. Larsen, United States Air the Department’s Inspector Generals for the June 26, 2007; to the Committee on Com- Force, and his advancement to the grade of period ended March 31, 2007; to the Com- merce, Science, and Transportation. lieutenant general on the retired list; to the mittee on Homeland Security and Govern- EC–2392. A communication from the Assist- mental Affairs. Committee on Armed Services. ant Secretary for Administration, Depart- EC–2383. A communication from the Assist- EC–2404. A communication from the Chair- ment of Transportation, transmitting, pur- ant Inspector General (Communications and man and General Counsel, National Labor suant to law, the Department’s annual re- Relations Board, transmitting, pursuant to Congressional Liaison), Department of De- port relative to its use of Category Rating; fense, transmitting, pursuant to law, a re- law, the Semiannual Report of the Board’s to the Committee on Commerce, Science, Inspector General for the period of October 1, port relative to the inventory of commercial and Transportation. and inherently governmental activities for 2006, through March 31, 2007; to the Com- EC–2393. A communication from the Sec- mittee on Homeland Security and Govern- fiscal year 2006; to the Committee on Armed retary of the Interior, transmitting, pursu- Services. mental Affairs. ant to law, the Department’s Strategic Plan EC–2405. A communication from the In- EC–2384. A communication from the Assist- for fiscal year 2007–2012; to the Committee on spector General, Small Business Administra- ant Secretary for Export Administration, Energy and Natural Resources. tion, transmitting, pursuant to law, the In- Bureau of Industry and Security, Depart- EC–2394. A communication from the Fiscal spector’s Semiannual Report for the period ment of Commerce, transmitting, pursuant Assistant Secretary, Department of the of October 1, 2006, through March 31, 2007; to to law, the report of a rule entitled ‘‘Revi- Treasury, transmitting, pursuant to law, an- the Committee on Homeland Security and sions and Clarification of Export and Reex- nual reports relative to several of the De- Governmental Affairs. port Controls for the People’s Republic of partment’s programs; to the Committee on EC–2406. A communication from the Ad- China; New Authorization Validated End- Finance. ministrator, Small Business Administration, User; Revision of Import Certificate and PRC EC–2395. A communication from the Chief transmitting, pursuant to law, the Semi- End-User Statement Requirement’’ of the Trade and Commercial Regulations annual Report of the Administration’s In- (RIN0694–AD75) received on June 26, 2007; to Branch, Customs and Border Protection, De- spector General for the period of October 1, the Committee on Banking, Housing, and partment of Homeland Security, transmit- 2006, through March 31, 2007; to the Com- Urban Affairs. ting, pursuant to law, the report of a rule en- mittee on Homeland Security and Govern- EC–2385. A communication from the Dep- titled ‘‘United States–Jordan Free Trade mental Affairs. uty Assistant Administrator for Regulatory Agreement’’ (RIN1505–AB75) received on EC–2407. A communication from the Chair, Programs, National Marine Fisheries Serv- June 25, 2007; to the Committee on Finance. Equal Employment Opportunity Commis- ice, Department of Commerce, transmitting, EC–2396. A communication from the Acting sion, transmitting, pursuant to law, the pursuant to law, the report of a rule entitled Assistant Administrator, Bureau for Legisla- Semiannual Report of the Commission’s In- ‘‘Final Rule to Implement the Pacific Tuna tive and Public Affairs, U.S. Agency for spector General for the period ended March Fisheries 2007 Restrictions in the Eastern International Development, transmitting, 31, 2007; to the Committee on Homeland Se- Tropical Pacific Ocean for Purse Seine and pursuant to law, the report of a rule entitled curity and Governmental Affairs. Longline’’ (RIN0648–AU79) received on June ‘‘Mentor-Protege Program’’ (RIN0412–AA58) EC–2408. A communication from the Sec- 26, 2007; to the Committee on Commerce, received on June 26, 2007; to the Committee retary of Health and Human Services, trans- Science, and Transportation. on Foreign Relations. mitting, pursuant to law, the report entitled

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 28, 2007 CONGRESSIONAL RECORD — SENATE S8689 ‘‘Report to Congress on the Social and Eco- gress to fulfill the commitment to the citi- Whereas, while the grants themselves are nomic Conditions of Native Americans: Fis- zens of Louisiana to fully fund recovery from not taxable, the Internal Revenue Service cal Years 1995–2000’’; to the Committee on In- damages resulting from hurricanes Katrina says grant recipients who claimed a storm- dian Affairs. and Rita; to the Committee on Banking, related casualty loss would be required to EC–2409. A communication from the Rules Housing, and Urban Affairs. consider all or part of the grant as income; Administrator, Federal Bureau of Prisons, SENATE RESOLUTION NO. 53 and Department of Justice, transmitting, pursu- Whereas, the average Road Home grant is Whereas, as a result of these devastating ant to law, the report of a rule entitled sixty-five thousand dollars; therefore, some events, the President’s Office of Gulf Coast ‘‘Searching and Detaining or Arresting Non- recipients would find themselves bumped up Rebuilding estimated that over one hundred Inmates’’ (RIN1120–AB28) received on June to higher tax brackets and would likely have twenty-seven thousand owner-occupied 26, 2007; to the Committee on the Judiciary. a higher federal income tax liability; and homes received major or severe damage EC–2410. A communication from the Chief Whereas, the Louisiana Department of based on the criteria used by the Federal of the Publications and Regulations Branch, Revenue has determined that grants would Emergency Management Agency; and Internal Revenue Service, transmitting, pur- not constitute income for state purposes. Whereas, in the aftermath of Hurricane suant to law, the report of a rule entitled Therefore, be it Katrina, President George W. Bush made a ‘‘Exclusions from Gross Income of Foreign Resolved, That the Legislature of Louisiana commitment to the people of Louisiana, in a Corporations’’ ((RIN1545–BG00)(TD 9332)) re- does hereby memorializes the Congress of nationally-covered statement that the fed- ceived on June 25, 2007; to the Committee on the United States and the Internal Revenue eral government would do what was nec- Finance. Service to take such actions as are necessary essary to provide for the recovery of the EC–2411. A communication from the Chair- to prevent the taxation of rebuilding grants state and its citizens; and man and President, Export-Import Bank of from the state’s Road Home program. Be it Whereas, the state of Louisiana has always the United States, transmitting, pursuant to further proposed that the Road Home Program pay law, a report relative to transactions involv- Resolved, That a copy of this Resolution be for owner-occupied uninsured or under- ing U.S. exports to Brazil including the sale transmitted to the presiding officers of the insured wind damage as well as flood damage of up to twenty-eight (28) Boeing 737–800 air- Senate and the House of Representatives of within the parameters of the program; and the Congress of the United States of Amer- craft; to the Committee on Banking, Hous- Whereas, in Action Plan Amendment No.1 ica, to the Commissioner of the Internal ing, and Urban Affairs. proposed by the Louisiana Recovery Author- EC–2412. A communication from the Chair- Revenue Service, and to each member of the ity, captioned Action Plan Amendment for man and President, Export-Import Bank of Louisiana congressional delegation. Disaster Recovery Funds for the Road Home the United States, transmitting, pursuant to Housing Programs, which, according to news law, a report relative to transactions involv- POM–144. A joint resolution adopted by the releases, was approved by the U.S. Depart- ing U.S. exports to Ireland including the sale Senate of the State of Colorado urging Con- ment of Housing and Urban Affairs in May of up to sixty (60) Boeing 737–800 aircraft; to gress to pass the federal ‘‘Gestational Diabe- 2006, it was clearly stated the program pro- the Committee on Banking, Housing, and tes Act of 2006’’; to the Committee on posed to provide ‘‘the full proposed assist- Urban Affairs. Health, Education, Labor, and Pensions. ance to all of the Louisiana homeowners who EC–2413. A communication from the Gen- SENATE JOINT MEMORIAL 07–005 suffered major or severe damage’’ and stated eral Counsel, Department of the Treasury, that ‘‘It is the State’s policy that partici- Whereas, gestational diabetes is one of the transmitting, the report of two draft bills pants in the Homeowner Assistance Program most common issues facing pregnant women that seek to reduce the loss of public funds deserve a fair and independent estimate or and their health care providers, and the associated with improper Federal payments projection of damages from the storm, re- prevalence of gestational diabetes is increas- and collections, and increase the collection gardless of the cause of damage’’; and ing; and of delinquent Federal debt; to the Com- Whereas, according to federal sources, Whereas, according to the American Diabe- mittee on Banking, Housing, and Urban Af- 43,298 homeowners experienced no major tes Association, gestational diabetes affects fairs. flooding but major or severe wind damage; approximately 4–8% of all pregnant women, EC–2414. A communication from the Dep- and which is about 135,000 women in the United uty General Counsel, Federal Energy Regu- Whereas, since the adoption of Action Plan States each year; and latory Commission, transmitting, pursuant Amendment No. 1, the state has experienced Whereas, according to the Colorado Preg- to law, the report of a rule entitled ‘‘Stand- increased costs in the program, resulting in nancy Risk Assessment Monitoring System, ards for Business Practices of Interstate Nat- a current three billion dollar shortfall, duly gestational diabetes affects approximately ural Gas Pipelines; Standards for Business from a combination of factors, including an 7.5% of all pregnant women in Colorado, Practices for Public Utilities’’ (Docket Nos. increase in the number of eligible claimants which is about 5,000 women in Colorado each RM96–1–027 and RM05–5–001) received on June from the original estimates by approxi- year; and 27, 2007; to the Committee on Energy and Whereas, women who are overweight or mately eleven thousand, more homes se- Natural Resources. obese are at an increased risk for developing verely damaged than originally estimated, EC–2415. A communication from the Acting gestational diabetes, and other risk factors increased costs per eligible claimant than Director, Minerals Management Service, De- include genetics, ethnicity, and maternal originally estimated, lower than anticipated partment of the Interior, transmitting, pur- age; and homeowner property insurance claim bene- suant to law, a report relative to the Roy- Whereas, gestational diabetes is associated fits received from private insurers, and high- alty in Kind Operation for fiscal year 2006; to with more health problems for the mother er than estimated costs of repair and con- the Committee on Energy and Natural Re- and child, including an increased risk for struction. Therefore, be it sources. birth trauma, induction, and caesarean sec- Resolved, That the Legislature of Louisiana EC–2416. A communication from the Assist- tion; extreme increases in birth weight for memorializes the Congress of the United ant Secretary of the Army (Civil Works), children of women who developed gestational States and urges and requests the federal ad- transmitting, pursuant to law, a report rel- diabetes; an increased risk for developing ministration to fulfill the commitment to ative to a review of previous findings by the childhood obesity; and putting the mothers the citizens of Louisiana to fully fund recov- Chief of Engineers in a study of the Mis- and their children at a higher risk of devel- ery from damages resulting from hurricanes sissippi River between Coons Rapids Dam, oping Type 2 diabetes; and Katrina and Rita. Be it further Minnesota and the mouth of the Ohio River; Whereas, greater understanding is needed Resolved, That a copy of this Resolution to the Committee on Environment and Pub- by both patients and health care providers shall be transmitted to the secretary of the lic Works. on treating and preventing gestational dia- United States Senate and the clerk of the EC–2417. A communication from the Chief betes, especially as there is disagreement United States House of Representatives, to of the Trade and Commercial Regulations among health care providers about how to each member of the Louisiana delegation to Branch, Customs and Border Protection, De- treat gestational diabetes and the effective- the United States Congress, and to the Presi- partment of Homeland Security, transmit- ness of treatments; and dent of the United States. ting, pursuant to law, the report of a rule en- Whereas, United States Senator Hillary titled ‘‘United States-Morocco Free Trade Rodham Clinton introduced the federal ‘‘Ges- POM–143. A concurrent resolution adopted Agreement’’ (RIN1505–AB76) received on tational Diabetes Act of 2006’’ (GEDI act), by the Senate of the State of Louisiana urg- June 27, 2007; to the Committee on Finance. which is aimed at lowering the incidence of ing Congress to take such actions as are nec- gestational diabetes, providing funding for f essary to prevent the taxation of rebuilding research and community education, and pre- grants from the state’s Road Home program; PETITIONS AND MEMORIALS venting women who developed gestational to the Committee on Finance. diabetes and their children from developing The following petitions and memo- SENATE CONCURRENT RESOLUTION NO. 25 rials were laid before the Senate and Type 2 diabetes; and Whereas, Louisiana taxpayers have spent Whereas, the GEDI act: were referred or ordered to lie on the countless hours coping with paperwork and Creates a research advisory committee table as indicated: bureaucracy that has inconvenienced them with representatives from federal agencies POM–142. A resolution adopted by the Sen- since hurricanes Katrina and Rita dev- and health organizations to develop stand- ate of the State of Louisiana urging Con- astated southern Louisiana in 2005; and ardizing procedures for gestational diabetes

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8690 CONGRESSIONAL RECORD — SENATE June 28, 2007 data collection, to set up a method to track have a considerable impact on children, fam- litigation over its meaning and interpreta- mothers who had gestational diabetes and ilies, and society; and tion. Now, therefore, be it develop methods to prevent these mothers Whereas, very little is known about the Resolved by the Senate and the House of and their children from developing Type 2 di- cause, treatment, and prevention of child- Representatives of the State of Montana, abetes, and to address factors that influence hood stroke; and That the Legislature does hereby repeal, re- risks for gestational diabetes; and Whereas, medical research is the only scind, cancel, nullify, and supersede to the Provides grants to nonprofit organizations means by which the citizens of the United same effect as if they had never been passed and state health agencies to be used for ex- States and Louisiana can identify and de- any and all extant applications by the Legis- panding state-based and community-based velop effective treatment and prevention lature of the State of Montana to the Con- prevention activities and training for health strategies for childhood stroke; and gress of the United States of America to call care providers in helping to prevent gesta- Whereas, early diagnosis and treatment of a convention to propose amendments to the tional diabetes; and childhood stroke greatly improves the Constitution of the United States of Amer- Expands basic, clinical, and public health chances that the affected child will recover ica, pursuant to the terms of Article V of the research on gestational diabetes, including and not experience a recurrence; and Constitution, regardless of when or by which therapies for detecting and treating gesta- Whereas, all citizens of Louisiana are en- session or sessions of the Montana Legisla- tional diabetes, facilitating enrollment in couraged to learn more about the impact of ture the applications were made and regard- clinical trials for populations that dispropor- childhood stroke on our state. Therefore, be less of whether the applications were for a tionately suffer from gestational diabetes, it limited convention to propose one or more developing diagnostics, and understanding Resolved, That the Senate of the Legisla- amendments regarding one or more specific factors that influence gestational diabetes; ture of Louisiana does hereby urge and re- subjects and purposes or for a general con- and quest the Congress of the United States to vention to propose an unlimited number of Whereas, the GEDI act is an important support the efforts, programs, services and amendments upon an unlimited number of step toward a better understanding of gesta- advocacy of organizations, such as the Amer- subjects. Be it further tional diabetes and in lowering the incidence ican Stroke Association, that work to en- Resolved, That the following resolutions of gestational diabetes in pregnant women. hance public awareness of childhood stroke. and memorials are specifically repealed, re- Now, therefore, be it Be it further scinded, canceled, nullified, and superseded: Resolved by the Senate of the Sixty-sixth Resolved, That a copy of this Resolution be Joint Concurrent Resolution No. 2, 1901; General Assembly of the State of Colorado, transmitted to the secretary of the United House Joint Resolution No. 1, 1905; Senate the House of Representatives concurring States Senate and the clerk of the United Joint Resolution No. 1, 1907; House Joint Me- herein, That we, the members of the Colo- States House of Representatives and to each morial No. 7, 1911; House Joint Resolution rado General Assembly, respectfully request member of the Louisiana delegation to the No. 13, 1963; and Senate Joint Resolution No. the Congress of the United States, including United States Congress. 5, 1965. Be it further the members of Colorado’s Congressional Resolved, That the Legislature of the State delegation, to support the proposed ‘‘Gesta- POM–146. A joint resolution adopted by the of Montana urges the Legislatures of each tional Diabetes Act of 2006’’. Be it further Legislature of the State of Montana repeal- and every state that has applied to Congress Resolved, That copies of this Joint Memo- ing, rescinding, canceling, voiding, and su- to call a convention for either a general or a rial be sent to the Colorado Chapter of the perseding any and all extant applications by limited constitutional convention to repeal American Diabetes Association, the Colo- the Legislature of the State of Montana pre- and rescind the applications. Be it further rado Diabetes Prevention Control Program, viously made during any legislative session Resolved, That the Secretary of State is di- Senator Hillary Rodham Clinton, the Presi- to the Congress to call a convention pursu- rected to send copies of this resolution to the dent of the United States Senate, the Speak- ant to the terms of Article V of the U.S. Con- Secretary of State of each state in the er of the United States House of Representa- stitution for proposing one or more amend- Union, to the presiding officers of both tives, and each member of Colorado’s Con- ments to it; to the Committee on the Judici- houses of the Legislatures of each state in gressional delegation. ary. the Union, to the President of the United HOUSE JOINT RESOLUTION NO. 38 States Senate, to the Speaker of the United POM–145. A resolution adopted by the Sen- Whereas, the Legislature of the State of States House of Representatives, and to the ate of the State of Louisiana urging Con- Montana, acting with the best of intentions, Montana Congressional Delegation. gress to support efforts, programs, services has, at various times and during various ses- and advocacy of organizations, such as the sions, previously made applications to the POM–147. A concurrent resolution adopted American Stroke Association, that work to Congress of the United States of America to by the Legislature of the State of Ohio urg- enhance public awareness of childhood call one or more conventions to propose ei- ing Congress to appropriate full funding for stroke; to the Committee on Health, Edu- ther a single amendment concerning a spe- the Adam Walsh Act; to the Committee on cation, Labor, and Pensions. cific subject or to call a general convention the Judiciary. SENATE RESOLUTION NO. 87 to propose an unspecified and unlimited SENATE CONCURRENT RESOLUTION NO. 7 Whereas, a stroke, also known as a ‘‘cere- number of amendments to the United States brovascular accident,’’ is an acute neurologic Constitution, pursuant to the provisions of Whereas, the Congress of the United States injury that occurs when a blood vessel that Article V of the United States Constitution; passed the Adam Walsh Child Protection and carries oxygen and nutrients to the brain is and Safety Act of 2006 (the ‘‘Adam Walsh Act’’) either blocked by a clot or bursts; and Whereas, former Chief Justice of the on July 25, 2006, to protect the public from Whereas, a stroke is a medical emergency United States of America Warren E. Burger, sex offenders and offenders against children, that can cause permanent neurologic damage former Associate Justice of the United and President George W. Bush signed the or death if not promptly diagnosed and States Supreme Court Arthur J. Goldberg, Adam Walsh Act into law on July 27, 2006; treated; and and other leading constitutional scholars and Whereas, twenty-six out of every one hun- agree that such a convention may propose Whereas, the Adam Walsh Act establishes dred thousand newborns and almost three sweeping changes to the Constitution, any a comprehensive national system for the reg- out of every one hundred thousand children limitations or restrictions purportedly im- istration of sex offenders and offenders have a stroke each year; and posed by the states in applying for a conven- against children that requires the State of Whereas, an individual can have a stroke tion or conventions to the contrary notwith- Ohio to amend its Sexual Offender Registra- before birth; and standing, thereby creating an imminent peril tion and Notification Act; and Whereas, stroke is among the top ten to the well-established rights of the citizens Whereas, the Adam Walsh Act requires the causes of death for children in Louisiana, and the duties of various levels of govern- U.S. Attorney General to implement a Sex and twelve percent of all children who expe- ment; and Offender Management Assistance program rience a stroke die as a result; and Whereas, the Constitution of the United through which the U.S. Attorney General Whereas, the death rate for children who States of America has been amended many may award grants to states to offset the experience a stroke before the age of one times in the history of this nation and may costs of implementing the Adam Walsh Act year is the highest out of all age groups; and be amended many more times, without the and may give bonus payments to states that Whereas, many children who experience a need to resort to a constitutional conven- implement the Adam Walsh Act in a speci- stroke will suffer serious, long-term neuro- tion, and has been interpreted for more than fied period of time. Now, therefore, be it logical disabilities, including hemiplegia, 200 years and has been found to be a sound Resolved, That we, the members of the which is paralysis of one side of the body, document that protects the lives and lib- 127th General Assembly of the State of Ohio, seizures, speech and vision problems, and erties of the citizens; and urge the Congress to appropriate full funding learning difficulties; and Whereas, there is no need for, and rather for the Adam Walsh Act; and be it further Whereas, those disabilities may require on- there is great danger in, a new Constitution Resolved, That the Clerk of the Senate going physical therapy and surgeries; and or in opening the Constitution to sweeping transmit duly authenticated copies of this Whereas, the permanent health concerns changes, the adoption of which would only resolution to the President of the United and treatments resulting from strokes that create legal chaos in this nation and only States, to the members of the Ohio Congres- occur during childhood and young adulthood begin the process of another 2 centuries of sional delegation, to the Speaker and the

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 28, 2007 CONGRESSIONAL RECORD — SENATE S8691 Clerk of the United States House of Rep- H.R. 902. A bill to facilitate the use for irri- against income tax for certain educator ex- resentatives, and to the President Pro Tem- gation and other purposes of water produced penses, and for other purposes; to the Com- pore and Secretary of the United States Sen- in connection with development of energy mittee on Finance. ate. resources (Rept. No. 110–122). By Mr. AKAKA: f By Mr. LIEBERMAN, from the Committee S. 1728. A bill to amend the National Parks on Homeland Security and Governmental Af- and Recreation Act of 1978 to reauthorize the REPORTS OF COMMITTEES fairs, with amendments: Na Hoa Pili O Kaloko-Honokohau Advisory The following reports of committees S. 1257. A bill to provide the District of Co- Commission; to the Committee on Energy were submitted: lumbia a voting seat and the State of Utah and Natural Resources. an additional seat in the House of Represent- By Mr. LEAHY (for himself and Mr. By Mr. KENNEDY, from the Committee on atives (Rept. No. 110–123). COCHRAN): Health, Education, Labor, and Pensions: By Ms. LANDRIEU, from the Committee S. 1729. A bill to amend titles 18 and 28 of Report to accompany S. 845, a bill to direct on Appropriations, without recommendation the United States Code to provide incentives the Secretary of Health and Human Services without amendment: for the prompt payments of debts owed to to expand and intensify programs with re- H.R. 2771. A bill making appropriations for the United States and the victims of crime spect to research and related activities con- the Legislative Branch for the fiscal year by imposing surcharges on unpaid judgments cerning elder falls (Rept. No. 110–110). ending September 30, 2008, and for other pur- owed to the United States and to the victims By Mr. BINGAMAN, from the Committee poses. of crime, to provide for offsets on amounts on Energy and Natural Resources, with an By Mr. BIDEN, from the Committee on collected by the Department of Justice for amendment in the nature of a substitute: Federal agencies, to increase the amount of S. 175. A bill to provide for a feasibility Foreign Relations, with an amendment and special assessments imposed upon convicted study of alternatives to augment the water with an amended preamble: persons, to establish an Enhanced Financial supplies of the Central Oklahoma Master H. Con. Res. 7. Calling on the League of Recovery Fund to enhance, supplement, and Conservancy District and cities served by Arab States and each Member State individ- improve the debt collection activities of the the District (Rept. No. 110–111). ually to acknowledge the genocide in the By Mr. BINGAMAN, from the Committee Darfur region of Sudan and to step up their Department of Justice, to amend title 5, on Energy and Natural Resources, without efforts to stop the genocide in Darfur. United States Code, to provide to assistant amendment: By Mr. BIDEN, from the Committee on United States attorneys the same retirement S. 324. A bill to direct the Secretary of the Foreign Relations, with an amendment in benefits as are afforded to Federal law en- Interior to conduct a study of water re- the nature of a substitute and with an forcement officers, and for authorized pur- sources in the State of New Mexico (Rept. amended preamble: poses; to the Committee on the Judiciary. No. 110–112). S. Res. 203. A resolution calling on the By Mr. SMITH (for himself, Mr. CON- S. 542. A bill to authorize the Secretary of Government of the People’s Republic of RAD, Ms. STABENOW, Ms. SNOWE, and the Interior to conduct feasibility studies to China to use its unique influence and eco- Ms. COLLINS): address certain water shortages within the nomic leverage to stop genocide and violence S. 1730. A bill to amend part A of title IV Snake, Boise, and Payette River systems in in Darfur, Sudan. of the Social Security Act, to reward States the State of Idaho, and for other purposes By Mr. BIDEN, from the Committee on for engaging individuals with disabilities in (Rept. No. 110–113). Foreign Relations, without amendment and work activities, and for other purposes; to S. 1037. A bill to authorize the Secretary of with a preamble: the Committee on Finance. the Interior to assist in the planning, design, S. Res. 253. A resolution expressing the By Mr. CORNYN (for himself, Mr. and construction of the Tumalo Irrigation sense of the Senate that the establishment of VOINOVICH, and Mr. CHAMBLISS): District Water Conservation Project in a Museum of the History of American Diplo- S. 1731. A bill to provide for the continuing Deschutes County, Oregon (Rept. No. 110– macy through private donations is a worthy review of unauthorized Federal programs and 114). endeavor. agencies and to establish a bipartisan commission for the purposes of improving over- S. 1110. A bill to amend the Reclamation f Projects Authorization and Adjustment Act sight and eliminating wasteful Government of 1992 to provide for the conjunctive use of INTRODUCTION OF BILLS AND spending; to the Committee on Homeland Se- surface and ground water in Juab County, JOINT RESOLUTIONS curity and Governmental Affairs. Utah (Rept. No. 110–115). By Mr. ALLARD (for himself and Mr. By Mr. BINGAMAN, from the Committee The following bills and joint resolu- SALAZAR): on Energy and Natural Resources, with an tions were introduced, read the first S. 1732. A bill to designate the facility of amendment in the nature of a substitute: and second times by unanimous con- the United States Postal Service located at S. 1139. A bill to establish the National sent, and referred as indicated: 301 Boardwalk Drive in Fort Collins, Colo- rado, as the ‘‘Dr. Karl E. Carson Post Office Landscape Conservation System, and for By Mrs. McCASKILL: other purposes (Rept. No. 110–116). S. 1723. A bill to amend the Inspector Gen- Building’’; to the Committee on Homeland By Mr. BINGAMAN, from the Committee eral Act of 1978 to enhance the independence Security and Governmental Affairs. on Energy and Natural Resources, without CHU- of the Inspectors General, to create a Coun- By Mr. DURBIN (for himself, Mr. S amendment: MER, Ms. STABENOW, and Mr. BROWN): cil of the Inspectors General on Integrity H.R. 235. A bill to allow for the renegoti- S. 1733. A bill to authorize funds to prevent and Efficiency, and for other purposes; to the ation of the payment schedule of contracts housing discrimination through the use of between the Secretary of the Interior and Committee on Homeland Security and Gov- nationwide testing, to increase funds for the the Redwood Valley County Water District, ernmental Affairs. Fair Housing Initiatives Program, and for and for other purposes (Rept. No. 110–117). By Mr. ENSIGN (for himself and Mr. other purposes; to the Committee on Bank- H.R. 276. A bill to designate the Piedras REID): ing, Housing, and Urban Affairs. S. 1724. A bill to provide for the convey- Blancas Light Station and the surrounding By Mrs. BOXER (for herself, Mr. LAU- ance of certain Bureau of Land Management public land as an Outstanding Natural Area TENBERG, and Mr. KERRY): to be administered as a part of the National land in the State of Nevada to the Las Vegas S. 1734. A bill to provide for prostate can- Landscape Conservation System, and for Motor Speedway, and for other purposes; to cer imaging research and education; to the other purposes (Rept. No. 110–118). the Committee on Energy and Natural Re- Committee on Health, Education, Labor, and H.R. 482. A bill to direct the Secretary of sources. Pensions. the Interior to transfer ownership of the By Mr. HARKIN: By Mr. SCHUMER: American River Pump Station Project, and S. 1725. A bill to amend the Employee Re- S. 1735. A bill to amend title 49, United for other purposes (Rept. No. 110–119). tirement Income Security Act of 1974, the In- States Code, to improve dispute resolution H.R. 839. A bill to authorize the Secretary ternal Revenue Code of 1986, and title 5, provisions related to the Federal Aviation of the Interior to study the feasibility of en- United States Code, to improve the protec- Administration personnel management sys- larging the Arthur V. Watkins Dam Weber tion of pension benefits, and for other pur- tem; to the Committee on Commerce, Basin Project, Utah, to provide additional poses; to the Committee on Health, Edu- Science, and Transportation. water for the Weber Basin Project to fulfill cation, Labor, and Pensions. By Mr. DODD: the purposes for which that project was au- By Mr. SCHUMER (for himself and Mr. S. 1736. A bill to amend title II of the So- thorized (Rept. No. 110–120). CRAPO): cial Security Act to provide that the eligi- H.R. 886. A bill to enhance ecosystem pro- S. 1726. A bill to regulate certain State bility requirement for disability insurance tection and the range of outdoor opportuni- taxation of interstate commerce, and for benefits under which an individual must ties protected by statute in the Skykomish other purposes; to the Committee on Fi- have 20 quarters of Social Security coverage River valley of the State of Washington by nance. in the 40 quarters preceding a disability shall designating certain lower-elevation Federal By Ms. COLLINS (for herself, Mr. WAR- not be applicable in the case of a disabled in- lands as wilderness, and for other purposes NER, Mr. CHAMBLISS, Ms. SNOWE, Mr. dividual suffering from a covered terminal (Rept. No. 110–121). ISAKSON, Mr. LUGAR, Mr. CORNYN, Mr. disease; to the Committee on Finance. By Mr. BINGAMAN, from the Committee COLEMAN, and Mr. VOINOVICH): By Mr. SESSIONS: on Energy and Natural Resources, with an S. 1727. A bill to amend the Internal Rev- S. 1737. A bill to amend title XVIII of the amendment in the nature of a substitute: enue Code of 1986 to provide for a credit Social Security Act to provide for a waiver

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8692 CONGRESSIONAL RECORD — SENATE June 28, 2007 of the 35-mile drive requirement for designa- Veterans Affairs to establish a program BENNETT) was added as a cosponsor of tions of critical access hospitals; to the Com- for the provision of readjustment and S. 881, a bill to amend the Internal mittee on Finance. mental health services to veterans who Revenue Code of 1986 to extend and By Mr. BIDEN (for himself and Mrs. served in Operation Iraqi Freedom and modify the railroad track maintenance BOXER): S. 1738. A bill to establish a Special Coun- Operation Enduring Freedom, and for credit. sel for Child Exploitation Prevention and other purposes. S. 911 Interdiction within the Office of the Deputy S. 216 At the request of Mr. REED, the Attorney General, to improve the Internet At the request of Mr. BINGAMAN, the names of the Senator from Maryland Crimes Against Children Task Force, to in- name of the Senator from Rhode Island (Mr. CARDIN), the Senator from crease resources for regional computer foren- (Mr. WHITEHOUSE) was added as a co- Vermont (Mr. SANDERS), the Senator sic labs, and to make other improvements to sponsor of S. 216, a bill to provide for increase the ability law enforcement agen- from Hawaii (Mr. AKAKA), the Senator cies to investigate and prosecute predators; the exchange of certain Federal land in from New Mexico (Mr. BINGAMAN), the to the Committee on the Judiciary. the Santa Fe National Forest and cer- Senator from New York (Mr. SCHUMER) By Mr. ROCKEFELLER (for himself tain non-Federal land in the Pecos Na- and the Senator from Hawaii (Mr. and Mr. BROWN): tional Historical Park in the State of INOUYE) were added as cosponsors of S. S. 1739. A bill to amend section 35 of the In- New Mexico. 911, a bill to amend the Public Health ternal Revenue Code of 1986 to improve the S. 218 Service Act to advance medical re- health coverage tax credit, and for other pur- At the request of Ms. SNOWE, the search and treatments into pediatric poses; to the Committee on Finance. name of the Senator from Rhode Island By Mr. CONRAD (for himself and Mr. cancers, ensure patients and families (Mr. WHITEHOUSE) was added as a co- DORGAN): have access to the current treatments S. 1740. A bill to amend the Act of Feb- sponsor of S. 218, a bill to amend the and information regarding pediatric ruary 22, 1889, and the Act of July 2, 1862, to Internal Revenue Code of 1986 to mod- cancers, establish a population-based provide for the management of public land ify the income threshold used to cal- national childhood cancer database, trust funds in the State of North Dakota; to culate the refundable portion of the and promote public awareness of pedi- the Committee on Energy and Natural Re- child tax credit. atric cancers. sources. S. 367 By Mr. BAYH (for himself and Mr. S. 968 At the request of Mr. DORGAN, the ALLARD): At the request of Mrs. BOXER, the S. 1741. A bill to modernize the manufac- name of the Senator from Indiana (Mr. name of the Senator from Michigan tured housing loan insurance program under BAYH) was added as a cosponsor of S. (Mr. LEVIN) was added as a cosponsor of title I of the National Housing Act; to the 367, a bill to amend the Tariff Act of S. 968, a bill to amend the Foreign As- Committee on Banking, Housing, and Urban 1930 to prohibit the import, export, and sistance Act of 1961 to provide in- Affairs. sale of goods made with sweatshop creased assistance for the prevention, By Mr. THUNE: labor, and for other purposes. S. 1742. A bill to prevent the Federal Com- treatment, and control of tuberculosis, S. 651 munications Commission from repromul- and for other purposes. ARKIN gating the fairness doctrine; to the Com- At the request of Mr. H , the S. 970 name of the Senator from Hawaii (Mr. mittee on Commerce, Science, and Transpor- At the request of Mr. SMITH, the tation. INOUYE) was added as a cosponsor of S. name of the Senator from Washington By Mr. HATCH (for himself, Mr. KOHL, 651, a bill to help promote the national (Mrs. MURRAY) was added as a cospon- Mr. SPECTER, and Mr. CRAPO): recommendation of physical activity S. 1743. A bill to amend the Internal Rev- sor of S. 970, a bill to impose sanctions to kids, families, and communities on Iran and on other countries for as- enue Code of 1986 to repeal the dollar limita- across the United States. tion on contributions to funeral trusts; to sisting Iran in developing a nuclear S. 661 the Committee on Finance. program, and for other purposes. At the request of Mrs. CLINTON, the By Mrs. BOXER (for herself and Ms. S. 1026 SNOWE): name of the Senator from South Da- At the request of Mr. CHAMBLISS, the S. 1744. A bill to prohibit the application of kota (Mr. JOHNSON) was added as a co- certain restrictive eligibility requirements sponsor of S. 661, a bill to establish name of the Senator from Colorado to foreign nongovernmental organizations kinship navigator programs, to estab- (Mr. ALLARD) was added as a cosponsor with respect to the provision of assistance lish guardianship assistance payments of S. 1026, a bill to designate the De- under part I of the Foreign Assistance Act of for children, and for other purposes. partment of Veterans Affairs Medical 1961; to the Committee on Foreign Relations. Center in Augusta, Georgia, as the S. 691 ‘‘Charlie Norwood Department of Vet- f At the request of Mr. CONRAD, the erans Affairs Medical Center’’. SUBMISSION OF CONCURRENT AND name of the Senator from Hawaii (Mr. S. 1060 SENATE RESOLUTIONS INOUYE) was added as a cosponsor of S. At the request of Mr. BIDEN, the The following concurrent resolutions 691, a bill to amend title XVIII of the Social Security Act to improve the name of the Senator from Maryland and Senate resolutions were read, and (Mr. CARDIN) was added as a cosponsor referred (or acted upon), as indicated: benefits under the Medicare program for beneficiaries with kidney disease, of S. 1060, a bill to reauthorize the By Mr. DEMINT: and for other purposes. grant program for reentry of offenders S. Res. 260. A resolution strengthening the S. 725 into the community in the Omnibus point of order against matters out of scope Crime Control and Safe Streets Act of in conference reports; to the Committee on At the request of Mr. LEVIN, the Rules and Administration. name of the Senator from New York 1968, to improve reentry planning and By Mr. COLEMAN (for himself, Mr. (Mr. SCHUMER) was added as a cospon- implementation, and for other pur- DOMENICI, Mr. ALEXANDER, Ms. KLO- sor of S. 725, a bill to amend the Non- poses. BUCHAR, Mr. FEINGOLD, and Mr. DUR- indigenous Aquatic Nuisance Preven- S. 1107 BIN): tion and Control Act of 1990 to reau- At the request of Mr. SMITH, the S. Res. 261. A resolution expressing appre- name of the Senator from Michigan ciation for the profound public service and thorize and improve that Act. educational contributions of Donald Jeffry S. 866 (Ms. STABENOW) was added as a cospon- Herbert, fondly known as ‘‘Mr. Wizard’’; to At the request of Mr. LUGAR, the sor of S. 1107, a bill to amend title the Committee on the Judiciary. name of the Senator from Illinois (Mr. XVIII of the Social Security Act to re- f DURBIN) was added as a cosponsor of S. duce cost-sharing under part D of such 866, a bill to provide for increased plan- title for certain non-institutionalized ADDITIONAL COSPONSORS ning and funding for health promotion full-benefit dual eligible individuals. S. 38 programs of the Department of Health S. 1146 At the request of Mr. DOMENICI, the and Human Services. At the request of Mr. SALAZAR, the name of the Senator from Texas (Mr. S. 881 names of the Senator from Virginia CORNYN) was added as a cosponsor of S. At the request of Mrs. LINCOLN, the (Mr. WEBB) and the Senator from Texas 38, a bill to require the Secretary of name of the Senator from Utah (Mr. (Mr. CORNYN) were added as cosponsors

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 28, 2007 CONGRESSIONAL RECORD — SENATE S8693 of S. 1146, a bill to amend title 38, S. 1553 eral, to create a Council of the Inspec- United States Code, to improve health At the request of Mrs. FEINSTEIN, the tors General on Integrity and Effi- care for veterans who live in rural name of the Senator from Hawaii (Mr. ciency, and for other purposes; to the areas, and for other purposes. INOUYE) was added as a cosponsor of S. Committee on Homeland Security and S. 1147 1553, a bill to provide additional assist- Governmental Affairs. At the request of Mrs. MURRAY, the ance to combat HIV/AIDS among Mrs. MCCASKILL. Mr. President, I name of the Senator from Maine (Ms. young people, and for other purposes. rise to talk about something great SNOWE) was added as a cosponsor of S. S. 1603 Congress did 30 years ago. They passed 1147, a bill to amend title 38, United At the request of Mr. MENENDEZ, the the Inspector General Act. That act States Code, to terminate the adminis- name of the Senator from California has provided a layer of accountability trative freeze on the enrollment into (Mrs. FEINSTEIN) was added as a coin our Government that is very impor- the health care system of the Depart- sponsor of S. 1603, a bill to authorize tant. Unfortunately, there are still ment of Veterans Affairs of veterans in Congress to award a gold medal to times that the inspector generals in the lowest priority category for enroll- Jerry Lewis, in recognition of his out- our Government are not given the re- ment (referred to as ‘‘Priority 8’’). standing service to the Nation. spect and deference they deserve. That is why today I am introducing the Im- S. 1219 S. 1607 proving Government Accountability At the request of Mr. BINGAMAN, the At the request of Mr. BAUCUS, the Act. name of the Senator from Arkansas name of the Senator from Illinois (Mr. If one thinks about the inspector (Mr. PRYOR) was added as a cosponsor OBAMA) was added as a cosponsor of S. generals, what they are is a first line of of S. 1219, a bill to amend the Internal 1607, a bill to provide for identification defense on behalf of taxpayers and Revenue Code of 1986 to provide tax- of misaligned currency, require action against Government waste and ineffi- payer protection and assistance, and to correct the misalignment, and for ciency. They are the first line of de- for other purposes. other purposes. S. 1233 fense because they are inside Federal S. 1624 At the request of Mr. CRAIG, the agencies. Let’s be honest, inspector At the request of Mr. BAUCUS, the name of the Senator from Texas (Mr. generals inside Federal agencies are name of the Senator from Ohio (Mr. CORNYN) was added as a cosponsor of S. facing mountains of waste and ineffi- BROWN) was added as a cosponsor of S. 1233, a bill to provide and enhance ciency. If they are to do their jobs the 1624, a bill to amend the Internal Rev- intervention, rehabilitative treatment, way Congress intended, they must be enue Code of 1986 to provide that the and services to veterans with trau- independent, and their work must be exception from the treatment of pub- matic brain injury, and for other pur- immediately accessible to the public. licly traded partnerships as corpora- poses. We have had some troubling inci- tions for partnerships with passive- dents over the last several years as it S. 1353 type income shall not apply to partner- relates to the independence, the quali- At the request of Mr. WYDEN, the ships directly or indirectly deriving in- name of the Senator from Montana fications and, frankly, the integrity of come from providing investment ad- our inspector generals. That is why (Mr. TESTER) was added as a cosponsor viser and related asset management this legislation is necessary. That is of S. 1353, a bill to nullify the deter- services. minations of the Copyright Royalty why this legislation is so important. S. 1661 The legislation will do several things. Judges with respect to webcasting, to First, all inspector generals will be ap- modify the basis for making such a de- At the request of Mr. DORGAN, the pointed for terms of 7 years. That will termination, and for other purposes. names of the Senator from Arkansas (Mr. PRYOR) and the Senator from New make sure they cannot arbitrarily be S. 1356 Jersey (Mr. LAUTENBERG) were added as removed from their position by a de- At the request of Mr. BROWN, the cosponsors of S. 1661, a bill to commu- partment head who is getting nervous name of the Senator from Vermont nicate United States travel policies about information they are providing (Mr. SANDERS) was added as a cospon- and improve marketing and other ac- to the public in terms of account- sor of S. 1356, a bill to amend the Fed- tivities designed to increase travel in ability. eral Deposit Insurance Act to establish the United States from abroad. Second, Congress must be notified of industrial bank holding company regu- S. 1711 the removal of any inspector general lation, and for other purposes. and, very importantly, the reasons for S. 1382 At the request of Mr. BIDEN, the name of the Senator from Massachu- the removal before they can be re- At the request of Mr. REID, the moved from office. setts (Mr. KERRY) was added as a co- names of the Senator from Mississippi Third, all inspector generals will (Mr. LOTT) and the Senator from South sponsor of S. 1711, a bill to target co- caine kingpins and address sentencing have their own legal counsel to avoid Carolina (Mr. DEMINT) were added as using the agency counsel. This is im- cosponsors of S. 1382, a bill to amend disparity between crack and powder co- caine. portant because if they are going to the Public Health Service Act to pro- have independence, they must have vide the establishment of an S. 1713 independent legal advice about their Amyotrophic Lateral Sclerosis Reg- At the request of Mr. OBAMA, the ability to do their job. istry. names of the Senator from Oregon (Mr. Fourth, no inspector general can ac- S. 1398 WYDEN), the Senator from New York cept a bonus. The bonuses are given by At the request of Mr. REID, the name (Mrs. CLINTON), the Senator from Cali- the heads of the agencies. That is an of the Senator from Michigan (Ms. fornia (Mrs. FEINSTEIN), the Senator inherent conflict. If you know that you STABENOW) was added as a cosponsor of from Connecticut (Mr. LIEBERMAN), the please the head of your agency and you S. 1398, a bill to expand the research Senator from Connecticut (Mr. DODD) get more money, what kind of short- and prevention activities of the Na- and the Senator from Oklahoma (Mr. cuts are you going to take? What are tional Institute of Diabetes and Diges- COBURN) were added as cosponsors of S. you going to be willing to gloss over in tive and Kidney Diseases, and the Cen- 1713, a bill to provide for the issuance order not to embarrass the head of that ters for Disease Control and Prevention of a commemorative postage stamp in agency with information you have dis- with respect to inflammatory bowel honor of Rosa Parks. covered about waste and inefficiency? disease. f Fifth, in the event of a vacancy, the S. 1545 Council on Integrity and Efficiency At the request of Mr. SALAZAR, the STATEMENTS ON INTRODUCED will recommend to the appointing au- name of the Senator from Florida (Mr. BILLS AND JOINT RESOLUTIONS thority three possible replacements. NELSON) was added as a cosponsor of S. By Mrs. MCCASKILL: They will not have the ability to dic- 1545, a bill to implement the rec- S. 1723. A bill to amend the Inspector tate the replacement for the IG, but it ommendations of the Iraq Study General Act of 1978 to enhance the will provide the appointing authority Group. independence of the Inspectors Gen- with three qualified people to take

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8694 CONGRESSIONAL RECORD — SENATE June 28, 2007 over the important function of inspec- They are important to what we do. We The first case involves a credit card tor general. can talk all we want about oversight, company headquartered in Delaware. Also key in this legislation is that but if we can’t get the information The bank issued credit cards nation- instead of making their annual budget from inside these agencies, frankly, we wide, including credit cards issued to requests to the agencies they oversee, are not going to be effective in Con- West Virginia customers. The bank had the IG budget requests will go straight gress with any kind of oversight. The no property or employees, no office or to the Office of Management and Budg- information the inspector generals pro- any other physical presence, in the et, or OMB, that sends the President’s vide is crucial to Congress and crucial State. The second case involves a Dela- budget request to Congress. to the public. This legislation would ware holding company that licensed in- Next, all inspector general Web sites make sure that they are qualified, pro- tellectual property trademarks and must be directly accessible from the tected, independent, and the public trade names to a customer that does home page of the agency. I asked my knows what they are up to. business in New Jersey. The holding staff to take a tour through Govern- I urge my colleagues to get excited company itself had no offices, employment agency Web sites to see how easy about this legislation and maybe, ees, or property in New Jersey, and did it was to find out what the IGs had uncharacteristically, move it quickly not otherwise have a physical presence been up to in those agencies. It was re- through the Senate. in the State. In both cases, the State markably difficult. In many instances courts ruled that the out-of-State cor- By Mr. SCHUMER (for himself we couldn’t even find the inspector poration was taxable. general’s information on the home and Mr. CRAPO): What is so disappointing about the S. 1726. A bill to regulate certain page of that agency. The public ought Supreme Court’s silence on this issue is State taxation of interstate commerce, to be able to go on the page of any Fed- the fact that these State court deci- and for other purposes; to the Com- eral agency and immediately click on mittee on Finance. sions conflict with an earlier Supreme the last inspector general report, find Mr. SCHUMER. Mr. President, I want Court ruling. In 1992, in Quill Corp. v. out what that inspector general found to speak about the bill I am intro- North Dakota, the Supreme Court pro- and, frankly, ought to be able to ask ducing today with Senator CRAPO, the hibited States from forcing out-of- the question, what has been done about Business Activity Tax Simplification State corporations from collecting it. There will be a way for the public to Act of 2007. Our bill tries to address a sales and use tax, unless the corpora- anonymously send allegations of waste, very important question: How should tion has a physical presence in the tax- fraud, and abuse directly to the IG of- States tax businesses that locate their ing State. However, some State courts fices. operations in a few States, but have have held that the physical presence Our office found that only three of 27 customers and earn income in many test established by Quill creates no sampled Federal agencies have an obvi- States? This issue has grown in impor- such limitations on the imposition of ous direct link from their home page to tance in recent years, and the Supreme business activity taxes. the IG’s Web site. Clearly, we are not Court’s decision last week not to get Currently, 19 States take the posi- focused on making this information involved in the issue raises the stakes tion that a State has the right to tax a available to the public. Frankly, all even further. business merely because it has a cus- the auditors in the world, all the in- The crux of the issue is this: A ma- tomer within the State, even if the spector generals in the world do no jority of States impose corporate in- business has no physical presence in good if the public can’t learn the infor- come and other so-called ‘‘business ac- the State whatsoever. mation. Because if the public doesn’t tivity taxes’’ only when companies These States’ actions in pursuing know about it, it isn’t going to have have ‘‘physical presence,’’ such as em- these taxes have caused uncertainty the cleansing effect it should. Only six ployees or property, in their States. and widespread litigation, so much so of the 27 sampled IGs have an obvious However, some States contend that the that it has created a chilling effect on direct link on their home page to re- mere presence of a business’s cus- foreign and interstate commerce. I port waste, fraud, and abuse. That is tomers, or an ‘‘economic presence,’’ is have spoken out against double tax- very important. all that is necessary to impose a busi- ation on many issues in the past, and I give credit to Representative JIM ness activity tax. These companies are the double tax in these cases, while not COOPER of Tennessee who has been facing a confusing and costly assort- as large, is just as wrong. working on this legislation in the ment of State and local tax rules, some Let me be clear about this: I know House. I am excited to join him in this enacted by legislatures and others im- that several Governors and State rev- effort. Senator COLLINS and Senator posed upon them by State revenue au- enue commissioners have spoken out LIEBERMAN have some of these provi- thorities and upheld by State courts. against the legislation because they sions in their Accountability in Gov- Senator CRAPO and I introduced simi- don’t like the Federal Government ernment Contracting Act, of which I lar legislation in the 109th Congress to telling them what they can and cannot am also proud to be a cosponsor. try to address this problem of double tax. They are also concerned about any There have been specific examples taxation and tax practices that vary revenue they might lose as a result. that have occurred recently. I won’t go from State to State. That bill came But if the States are collecting a tax into them other than to say, we had close to passing the House, but some they shouldn’t be collecting in the first one Commerce IG who refused to resign last-minute objections were raised. place, the fact that they might lose a after an investigation showed that he Now, the need for legislation and con- small amount of revenue is not the had committed malfeasance in office. gressional action has taken on new ur- most persuasive argument, in my view. However, after much pressure from gency, and we have revised the bill to I believe Congress has a responsi- Congress, he finally did step down. We address many of the concerns expressed bility to create a uniform nexus stand- have another inspector general who has last year. ard for tax purposes so that goods and been accused of trying to block the Just last week, the U.S. Supreme services can flow freely between the serving of a search warrant at NASA. Court denied certiorari in two cases States. Firm guidance on what activi- Think about that, trying to block the that challenged the constitutionality ties can be conducted within a State serving of a search warrant that had of State taxation of out-of-State com- will provide certainty to tax adminis- been issued by a court of law. We have panies with no physical presence in a trators and businesses, reduce multiple another IG who was not reappointed by State. The States involved in these taxation or the same income, and will President Bush and said publicly it was cases, West Virginia and New Jersey, reduce compliance and enforcement because at the Department of Home- asserted theories of economic nexus to costs for States and businesses alike. land Security, he was seen as a traitor, tax out-of-State corporations. They The last time Congress acted on this and he was intimidated about not claimed that because some customers issue was in 1959, when Public Law 86– issuing reports that might reflect of such corporations reside in the 272 was enacted to prohibit States from badly on the agency. State, even though the corporation is imposing ‘‘income taxes’’ on sales of Bottom line, we should protect in- not physically present, they are sub- ‘‘tangible personal property’’ by a busi- spector generals. They are precious. ject to business activity taxes. ness whose sole activity within a State

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 28, 2007 CONGRESSIONAL RECORD — SENATE S8695 was soliciting sales. No one can deny why else would the legislature have more States follow the lead of New that in the almost 50 years since, inter- taken such drastic measures to tack on Hampshire, the city and State of New state commerce has taken on a whole this amendment it? the wee hours of York will be getting less from new character. New technologies allow the morning? Citibank, one way or another, as they companies headquartered in one State States are clearly overreaching in won’t want to be double taxed, once by to provide services to consumers across their efforts to collect these taxes, and New York because of our physical pres- the country. The Internet is replacing it creates a difficult situation for busi- ence and again in New Hampshire and bricks-and-mortar stores. Companies nesses. It is laughable to think that a other States because they have cus- and consumers are increasingly linked company would decide to cut off all tomers in those States. This is why any across State lines. transactions with individuals within a revenue loss estimates from any city or The Business Activity Tax Sim- certain State to avoid similar laws. State are overblown. plification Act of 2007 addresses these And so they will have to start paying In short, this is no longer a theo- changes over the last 48 years both taxes to States where they start gener- retical discussion. Federal legislation modernizing Public Law 86–272 and ating no revenue, hiring no employees, is required to stop this food fight. codifying the physical presence stand- and contributing nothing to the State’s I believe that Congress has a duty to ard. Our bill extends the protections of economy from their phantom presence prevent some States from impeding the the 1959 law to include solicitation ac- aside from these taxes. But these com- free flow and development of interstate tivities performed in connection with panies are not going to stand idly by commerce and to prevent double tax- all sales and transactions, not just and be double-taxed; they will simply ation. That is why I am asking my col- sales of tangible personal property. The declare less income in their home leagues on both sides of the aisle, in- bill protects the free flow of informa- States as a result. cluding the chairman and ranking tion, including broadcast signals from I know that my legislation with Sen- member of the Finance Committee, to outside the State, from becoming the ator CRAPO has raised concerns in the carefully consider this legislation. basis for taxation of out-of-State busi- past. The States have argued that BAT Mr. CRAPO. Mr. President, I would nesses. legislation represents an intrusion into like to thank my colleague from New BATSA also protects activities where their authority to govern. But I believe York, Senator SCHUMER, for the work the business is a consumer in the the contrary: A fundamental aspect of he has done on this bill. He shares my State. It makes little sense to impose American federalism is that Congress grave concerns about the devastating tax on out-of-State businesses that has the authority and responsibility impact that legal interpretations of purchases goods or services from an in- under the commerce clause to ensure Public Law 86–272 are having on foreign State company. Obviously, in this very that interstate commerce is not bur- and interstate commerce. I’m pleased common scenario, the out-of-State dened by State actions. that we can work together in a bipar- business is not using these goods or In fact, the exercise of such congres- tisan effort to make changes to a law services to generate any revenue in the sional power is necessary in order to that is in serious need of updating and State. Why should they be subject to prevent excessive burdens from being clarification in view of the more serv- tax? placed on businesses engaged on inter- ice-oriented economy we have today Most importantly, BATSA codifies state activity by virtue of their cus- driven in large part by modern tech- the physical presence standard. States tomer’s residing in a particular State. nology’s profound transformation of and localities can only impose business Congress must act to ensure certainty, business transactions. This is why we activity taxes on businesses within predictability, and fairness of taxation are introducing the Business Activity their jurisdiction that have employees of multistate corporations. The lack of Tax Simplification Act of 2007, or in the State, or real or tangible per- a bright-line physical presence stand- BATSA, today. sonal property that is either leased or ard encourages each State to act in its Congress has a Constitutional re- owned. It is consistent with current own self interest by taking action to sponsibility to ensure that interstate law and sound tax policy, which holds maximize its revenues, regardless of commerce is not unduly burdened by that a tax should not be imposed by a the potential double taxation that re- State actions, including unfair and State unless that State provides bene- sults. burdensome taxation of such com- fits or protections to the taxpayer. Let me address a few concerns that merce. Public Law 86–272 was enacted Further, the physical presence stand- have been raised about the bill. Oppo- almost 50 years ago, for just these pur- ard is the basis for each and every one nents claim that BATSA includes so poses. Ways of conducting multi-state of our treaties with foreign nations— many exceptions to the physical pres- business have changed, and, in the ab- adoption of a more nebulous standard ence standard that large, multistate sence of any clarifying legislation, by the States undermines these inter- companies will utilize the legislation some state courts have interpreted tax- national treaties. to ensure they pay minimum State tax ation activity under an ‘‘economic We need to act now. Already, State nationwide. But our bill explicitly presence’’ approach. This approach legislatures are interpreting the States that it preserves States’ author- does not reflect the intent or spirit of court’s denial of cert as an affirmation ity to adopt or continue to use their the Commerce Clause of the Constitu- of their position that they are free to own tax compliance tools. tion; furthermore, it creates a climate enact whatever policies affecting inter- In response to those who say that of uncertainty that inhibits business state commerce that are beneficial to this legislation will be a huge hit to expansion and innovation. Businesses their particular State revenue needs, State budgets, the figures just don’t have to take into account the very real regardless of the national impact. Be- add up. There have been a number of possibility that they will be taxed mul- cause the court will not review their studies done, but even the highest rev- tiple times for the same business activ- nexus standard and Congress has not enue estimate represents only a very ity. These ‘‘business activity taxes’’ acted, States now have an ideal oppor- small percentage of the total amount are certainly appropriate when a busi- tunity to raise revenues from out-of- of business activity taxes collected by ness has a physical presence in a State; State corporations regardless of the the States. The studies leave out one these taxes are inappropriate when im- national impact. important fact, however: Companies af- posed by a State where that business’s Only 3 days after the Supreme Court fected by double-taxation are going to customer happens to reside, but in denied cert, the New Hampshire Assem- declare less income in their home which the business has no physical bly added an amendment to the State States, if they have to pay taxes on presence. budget at 3:40 a.m. to allow the State that same income to another State. States’ efforts to impose improper to collect revenue from out-of-State Let me cite just one example from a business activity taxes have been businesses. The denial of cert thereby company in my State. In 2005, furthered by the Supreme Court’s re- resulted almost immediately in a $10 Citigroup paid 63 percent of all it State cent silence on this issue. Recent State million to $100 million windfall for New and local taxes to New York State and court rulings are in conflict with the Hampshire. No one can deny that this New York City, all based on physical high Court’s ruling in Quill Corp. v. was an extremely aggressive action; presence in the State and the city. As North Dakota in 1992. In that ruling,

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8696 CONGRESSIONAL RECORD — SENATE June 28, 2007 the Supreme Court prohibited States BATSA upholds the approach of dis- this session, Senator WARNER and I of- from forcing out-of-state corporations regarding certain de minimus activi- fered legislation to make that deduc- to collect sales and use taxes unless ties codified in Public Law 86–272. tion permanent, raise it to $400, and ex- such corporation had a physical pres- States have argued that BATSA will pand it to cover professional develop- ence in the taxing State. As my col- result in substantial lost State tax rev- ment expenses. league from New York pointed out a enue. In fact, according to the Congres- Today, we introduce legislation that few minutes ago, State courts in both sional Budget Office, the projected would provide teachers with an alter- New Jersey and West Virginia have total loss of revenue to states from native tax credit for books, supplies, held that the physical presence test in BATSA in year one of enactment rep- and equipment they purchase for their Quill only applies to sales and use resents just 0.2 percent of all State and students, as well as for professional de- taxes, not business activity taxes. I local taxes paid by businesses in 2005. velopment expenses. The tax credit share my colleague’s deep concern with And the CBO cost estimate is actually would be set at 50 percent of such ex- the fact that the appeals of these two less than the cost claimed by the Na- penditures so that teachers would re- cases to the Supreme Court were de- tional Governor’s Association in its ceive 50 cents of tax relief for every nied certiorari just last week. This de- own revenue estimates. dollar of their own money they spend, nial underscores the urgency of I will tell you what BATSA does not up to $300. BATSA. do. BATSA does not help large compa- Our rationale in proposing a tax cred- This effort by a large number of nies avoid paying their fair share of it as an alternative to the existing de- States to impose business activity State taxes, stating explicitly that duction is simple, deductions only re- taxes based on economic presence has States retain the authority to adopt or duce tax liability indirectly, by reduc- the potential to open a Pandora’s Box continue to use anti-tax avoidance ing taxable income. The value of the of negative implications for businesses. compliance tools. It expressly endorses deduction is equal to the taxpayer’s Without clarification by Congress, statutory and regulatory tools at marginal tax rate, or what we call States will be free to enact revenue- States’ disposal to combat tax abuse. their tax ‘‘bracket.’’ For example, for raising nexus legislation and policies Industry and activity-specific safe har- teachers in the 25 percent tax bracket, that, by definition, will not and cannot bors included in prior bills do not exist a $100 deduction would reduce their tax take into account the national impact in this legislation. liability by 25 percent, or $25. of such activities. The eleventh-hour In the glaring absence of Supreme By contrast, the tax credit we are enactment of economic nexus legisla- Court clarification on Quill Corp. v. proposing would reduce the amount of tion by the New Hampshire State Leg- North Dakota, and in the presence of taxes paid by a teacher by 50 percent islature just days after the Supreme confusing state court interpretations for each dollar that a teacher spends on Court denial of certiorari in the New of that decision and ongoing, and le- school supplies or professional develop- Jersey and West Virginia cases is a gally-creative revenue-raising schemes ment expenses, regardless of the tax sign of things to come. For many busi- by States, it’s imperative that Con- bracket the teacher is in. A teacher nesses, this will serve as a death knell gress act now to preserve the free flow who took the maximum credit amount for growth and expansion. of commerce between States. The Busi- of $300 would save 50 percent of that BATSA will help clarify the intent of ness Activity Tax Simplification Act of amount—$150—in taxes. Public Law 86–272. BATSA codifies the 2007 provides that clarification. BATSA We have made an effort to ensure ‘‘physical presence’’ standard and will ensures that one standard of taxation that the tax benefit we are proposing eliminate confusion for State tax ad- applies for taxing multi-state compa- will make all teachers who use it bet- ministrators and businesses alike. It’s nies, so that companies are not un- ter off, relative to the current deduc- consistent with current law and the no- justly taxed multiple times by dif- tion. Let me take a moment to explain tion that a tax should not be imposed ferent States on the same income. I how we have done this: first, the tax by a State unless that State provides hope that our colleagues here in the credit is structured as an alternative benefits or protections to the taxpayer. Senate will support this important leg- teachers can choose either the deduc- BATSA clarifies that an out-of-state islation that will protect the business tion or the credit, whichever works business must have nexus under both expansion in our country that keeps best for their tax situation. Second, the Due Process Clause and the Com- our economy competitive and thriving. the level of the credit, if adopted in its merce Clause. This standard is also present form, would provide a net consistent with the standards we have By Ms. COLLINS (for herself, Mr. after-tax benefit of $150. This is signifi- in place with regard to our trading WARNER, Mr. CHAMBLISS, Ms. cantly higher than the net after-tax partners abroad. SNOWE, Mr. ISAKSON, Mr. benefit that most teachers can receive BATSA modernizes Public Law 86–272 LUGAR, Mr. CORNYN, Mr. COLE- using the current $250 deduction. by extending the protections under MAN, and Mr. VOINOVICH): It is even higher than the net after- that law to include solicitation activi- S. 1727. A bill to amend the Internal tax benefit that would result from the ties performed in connection with all Revenue Code of 1986 to provide for a $400 deduction Senator WARNER and I sales and transactions, not just tan- credit against income tax for certain proposed earlier this year. Teachers in gible personal property. BATSA applies educator expenses, and for other pur- the 25 percent tax bracket would get a to all business activity taxes, not just poses; to the Committee on Finance. net after-tax benefit of $100 from a $400 net income taxes. This includes gross Ms. COLLINS. Mr. President, I rise deduction, so they will see an increase receipts taxes, gross profits taxes, sin- today, along with my good friends, of $50 under the credit system that we gle business taxes, franchise taxes, cap- Senators WARNER, CHAMBLISS, SNOWE, are proposing today. Even teachers in ital stock taxes and business and occu- ISAKSON, LUGAR, CORNYN, COLEMAN, and the highest tax bracket, which is cur- pation taxes. It does not apply to VOINOVICH, to introduce the Teacher rently set at 35 percent, would see a transaction taxes such as sales and use Tax Credit Act of 2007. small increase in the net benefit they taxes. As we approach the end of the school would receive under this credit, com- BATSA protects the free flow of in- year, it is appropriate once again to pared to a $400 deduction. formation, critical in our modern era consider tax relief to help cover the I should also note that some teachers of Internet business and protects the out-of-pocket expenses our Nation’s make so little they do not even have activities where the business is a con- teachers incur to improve the edu- the tax liability to offset this credit. sumer in that State. And, as my col- cation of our children. To make sure these teachers are also league, Senator SCHUMER, rightly Many times in the past, we have compensated for the money they spend pointed out, it is counterintuitive to come to the floor to offer legislation on on classroom supplies and professional impose taxes on an out-of-state com- this subject. In 2001, Senator WARNER development, the credit Senator WAR- pany purchasing goods or services from and I offered legislation which resulted NER and I are proposing is fully refund- an in-State company, since the out-of- in the enactment of the existing $250 able. state company isn’t generating any teacher tax deduction. That deduction It is remarkable how much the aver- revenue for the State. expires at the end of this year. Earlier age teacher spends every year out of

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 28, 2007 CONGRESSIONAL RECORD — SENATE S8697 his or her own pocket to buy supplies I ask unanimous consent that a let- Congress, we were successful in pro- and other materials for their students. ter of support be printed in the viding much needed tax relief for our Many of us are familiar with a survey RECORD. Nations’ teachers with passage of H.R. of the National Education Association There being no objection, the mate- 3090, the Job Creation and Worker As- that found that teachers spend, on av- rial was ordered to be printed in the sistance Act of 2002. erage, $443 a year on classroom sup- RECORD, as follows: This legislation, which was signed plies. Other surveys show that they are NATIONAL EDUCATION ASSOCIATION, into law by President Bush, included spending even more than that. Washington, DC, June 27, 2007. the Collins/Warner Teacher Tax Relief The NEA’s data also shows that the Senator SUSAN COLLINS, Act of 2001 provisions that provided a average teacher in the U.S. still does Senator JOHN WARNER, $250 above-the-line deduction for edu- U.S. Senate, cators who incur out-of-pocket ex- not make $50,000, and in many States, Washington, DC. including Maine, they average less DEAR SENATORS COLLINS AND WARNER: On penses for supplies they bring into the than $40,000. When you realize that the behalf of the National Education Associa- classroom to better the education of average teacher is not particularly well tion’s (NEA) 3.2 million members, we would their students. These important provi- paid, it speaks volumes about their like to express our strong support for your sions provided almost half a billion dedication that they are willing to proposal to create a tax credit for educators’ dollars worth of tax relief to teachers make that kind of investment to sup- classroom supply and professional develop- all across America in 2002 and 2003. ment expenses. We thank you for your con- port the teaching they provide to their In the 108th Congress we were able to tinued leadership and advocacy on this im- successfully extend the provisions of students. portant issue. Indeed, I have spoken to dozens of As you know, educators across the country the Teacher Tax Relief Act for 2004 and teachers in my home State who tell me make considerable financial sacrifices as 2005. In the 109th Congress we were able they routinely spend far in excess of they reach into their own pockets to pur- to successfully extend the provisions the $300 credit limit on materials they chase classroom supplies. Studies show that for 2006 and 2007. teachers spend more of their own funds each While these provisions will provide use in their classrooms. At every year to supply their classrooms, including substantial relief to America’s teach- school I visit, I find teachers who are purchasing essential items such as pencils, ers, our work is not yet complete. spending their own money to improve glue, scissors, and facial tissues. For exam- It is now estimated that the average the educational experiences of their ple, NEA’s 2003 report Status of the Amer- teacher spends $826 out of their own students by supplementing classroom ican Public School Teacher, 2000–2001 found pocket each year on classroom mate- supplies. Year after year, these teach- that teachers spent an average of $443 a year rials—materials such as pens, pencils, ers spend hundreds of dollars on books, on classroom supplies. More recently, the and books. First-year teachers spend bulletin boards, computer software, National School Supply and Equipment As- sociation found that in 2005–2006, educators even more. Why do they do this? Sim- crayons, construction paper, tissue spent out of their own pockets an average of ply because school budgets are not ade- paper, stamps and inkpads. For exam- $826.00 for supplies and an additional $926 for quate to meet the costs of education. ple, Anita Hopkins and Kathi instructional materials, for a total of $1,752. Our teachers dip into their own pocket Toothaker, elementary school teachers By creating a tax credit, your legislation to better the education of America’s from Augusta, Maine, purchase books would reduce the amount of taxes paid by a youth. for their students to have as a class- teacher by 50 percent for each dollar he or Moreover, in addition to spending room library as well as workbooks and she spends on school supplies. Thus, a teacher taking the maximum credit of $300 would substantial money on classroom sup- sight cards. They also purchase special save $150 in taxes, regardless of his or her tax plies, many teachers spend even more prizes for positive reinforcement for bracket. As a result, your bill will make a money out of their own pocket on pro- students. Mrs. Hopkins estimates that real difference for many educators, who fessional development. Such expenses she spends $800 to $1,000 of her own often must sacrifice other personal needs in include tuition, fees, books, and sup- money on extra materials to make order to pay for classroom supplies. plies associated with courses that help learning fun and to create a stimu- NEA also strongly supports your proposal our teachers become even better in- lating learning experience. to cover out-of-pocket professional development expenses under the tax credit. Teacher structors. It is important that this credit also quality is the single most critical factor in The fact is that these out-of-pocket be available to teachers who incur ex- maximizing student achievement. Ongoing costs place lasting financial burdens on penses for professional development. professional development is essential to en- our teachers. This is one reason our While this tax relief provides modest sure that educators stay up-to-date on the teachers are leaving the profession. assistance to educators, it is my view skills and knowledge necessary to prepare Little wonder that our country is in students for the challenges of the 21st cen- that students are its ultimate bene- the midst of a teacher shortage. ficiaries. Studies consistently show tury. Your bill will make a critical difference in helping educators access quality Accordingly, Senator COLLINS and I that well-qualified teachers, and in- training. have joined together to take another volved parents, are the most important We thank you again for your work on this step forward by introducing legislation contributors to student success. Edu- important legislation and look forward to today that creates a refundable tax cators themselves understand just how continuing to work with you to support our credit for teachers. The Teacher Tax important professional development is nation’s educators. Credit Act of 2007 will simply provide a Sincerely, to their ability to make a positive im- refundable tax credit up to $150 for pact in the classroom. Teachers in DIANE SHUST, Director of Govern- classroom expenses and professional Maine repeatedly tell me that they ment Relations. development expenses. need, and want, more professional de- RANDALL MOODY, I ask unanimous consent to have velopment. But tight school budgets Manager of Federal printed in the RECORD at the end of my often make funds to support this devel- Advocacy. statement the attached letter from the opment impossible to get. By providing Mr. WARNER. Mr. President, I rise National Education Association en- a credit for professional development today in support, once again, of Amer- dorsing the Collins-Warner Teacher expenses, this amendment will help ica’s teachers by joining with Senator Tax Credit Act of 2007. I will also ask teachers take that additional course or COLLINS in introducing the Teacher unanimous consent to have printed in pursue that advanced degree that will Tax Credit Act of 2007. Other original the RECORD at the end of my statement make them even better at what they cosponsors of this bill include Senators the attached letter from the Virginia love to do. CHAMBLISS, COLEMAN, CORNYN, ISAKSON, Education Association endorsing the Our bill makes it a priority to reim- LUGAR, SNOWE, and VOINOVICH. Collins-Warner Teacher Tax Credit Act burse educators for just a small part of Senator COLLINS and I have worked of 2007. what they invest in our children’s fu- closely for some time now in support of Mr. President, our teachers have ture. It is both sound education policy legislation to provide our teachers with made a personal commitment to edu- and sensible tax policy. I hope our col- tax relief in recognition of the many cate the next generation and to leagues will join us in support of this out-of-pocket expenses they incur as strengthen America. In my view, the important initiative. part of their profession. In the 107th Federal Government should recognize

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8698 CONGRESSIONAL RECORD — SENATE June 28, 2007 the many sacrifices our teachers make Director of Govern- the administration of justice. Prosecu- in their career. ment Relations. tors are a crucial component of our jus- In addition to the refundable tax RANDALL MOODY, tice system, and should be recognized credit legislation that we are intro- Manager of Federal as such when they reach the end of Advocacy. ducing today, earlier this year Senator their careers. COLLINS and I introduced S. 505, The VIRGINIA EDUCATION ASSOCIATION, Probation officers, deputy marshals, Teacher Tax Relief Act of 2007. S. 505 Richmond, VA, June 28, 2007. corrections officers, and even correc- will build upon current law by increas- Senator JOHN WARNER, tions employees not serving in a law ing the above-the-line deduction, as U.S. Senate, enforcement role receive enhanced ben- President Bush has called for, from $250 Washington, DC. efits greater than those received by as- allowed under current law to $400; al- DEAR SENATOR WARNER: On behalf of the sistant U.S. attorneys. This is an in- lowing educators to include profes- members of the Virginia Education Associa- tion, I am delighted and proud that you are equity that should be remedied. By cor- sional development costs within that recting this disparity, Congress would $400 deduction; and making the teacher again proposing to create a tax credit for educators’ classroom supply and professional also help the Federal justice system re- tax relief provisions in the law perma- development expenses. Virginia teachers and tain experienced prosecutors. Of all the nent. I appreciate your continued leadership on prosecutors who leave the government The Teacher Tax Credit Act of 2007 is this matter because it obviously affects Vir- for the private sector, 60 to 70 percent another step forward in providing our ginia educators—and educators around the do so with experience of between 6 and educators with the recognition they de- nation—directly in the pocketbook. 15 years. With the Department of Jus- serve. As I’m sure you are aware, the National Mr. President, I ask unanimous con- Education Association reported in a study tice’s rapidly expanding role in com- sent that the letters to which I referred entitled the Status of the American Public bating terrorism, we cannot afford to be printed in the RECORD. School Teacher, 2000–2001 that teachers spent lose the experienced men and women There being no objection, the mate- an average of $443 a year on classroom sup- who serve in this vital role. rial was ordered to be printed in the plies. Since that time, the average spending This legislation also addresses con- for supplies and materials is estimated to RECORD, as follows: cerns about the cost to the Federal have increased to over $1,750 annually. Add NATIONAL EDUCATION ASSOCIATION, Government of providing enhanced re- to that the out of pocket expense of profes- tirement benefits to assistant U.S. at- Washington, DC, June 27, 2007 sional development and you realize the sac- Senator SUSAN COLLINS, rifice and commitment of our nation’s teach- torneys. Proponents of the bill have Senator JOHN WARNER, ers to a quality education for their class- helped craft provisions that would as- U.S. Senate, rooms and the professional commitment sist the Department of Justice in re- Washington, DC. they have for themselves. covering money owed to the Federal DEAR SENATORS COLLINS AND WARNER: On The bill you are sponsoring with Senator Government as a result of judgments behalf of the National Education Associa- Collins recognizes teachers’ dedication and tion’s (NEA) 3.2 million members, we would and other fines. By bolstering the De- will make a significance difference for many partment’s ability to collect the funds like to express our strong support for your educators. Again, I thank you. proposal to create a tax credit for educators’ Sincerely, it is owed, resources would be freed up classroom supply and professional develop- PRINCESS MOSS, to provide the parity in retirement ment expenses. We thank you for your con- President, benefits sought by assistant U.S. attor- tinued leadership and advocacy on this im- Virginia Education Association. neys. The result of the creative efforts portant issue. As you know, educators across the country to fund these benefits in an alternative make considerable financial sacrifices as By Mr. LEAHY (for himself and manner is that the Department of Jus- they reach into their own pockets to pur- Mr. COCHRAN): tice will, through its duties as the Na- chase classroom supplies. Studies show that S. 1729. A bill to amend titles 18 and tion’s law enforcement agency, be able teachers spend more of their own funds each 28 of the United States Code to provide to provide the benefits its employees year to supply their classrooms, including incentives for the prompt payments of deserve at little or no cost to the tax- purchasing essential items such as pencils, debts owed to the United States and payer. glue, scissors, and facial tissues. For exam- the victims of crime by imposing sur- ple, NEA’s 2003 report Status of the Amer- By passing this legislation, we will ican Public School Teacher, 2000–2001 found charges on unpaid judgments owed to signal the Federal Government’s rec- that teachers spent an average of $443 a year the United States and to the victims of ognition that prosecutors in our soci- on classroom supplies. More recently, the crime, to provide for offsets on ety fulfill a critical role. Congress can National School Supply and Equipment As- amounts collected by the Department send the message that the service of sociation found that in 2005–2006, educators of Justice for Federal agencies, to in- these prosecutors is a valued and indis- spent out of their own pockets an average of crease the amount of special assess- pensable component of our Federal jus- $826.00 for supplies and an additional $926 for ments imposed upon convicted persons, instructional materials, for a total of $1,752. tice system. I hope all Senators will By creating a tax credit, your legislation to establish an Enhanced Financial Re- join us in supporting this legislation to would reduce the amount of taxes paid by a covery Fund to enhance, supplement, ensure that Federal policy equally re- teacher by 50 percent for each dollar he or and improve the debt collection activi- spects the contributions of all members she spends on school supplies. Thus, a teach- ties of the Department of Justice, to of the law enforcement community in er taking the maximum credit of $300 would amend title 5, United States Code, to keeping our society safe and secure. save $150 in taxes, regardless of his or her tax provide to assistant United States at- I ask unanimous consent that the bracket. As a result, your bill will make a torneys the same retirement benefits real difference for many educators, who text of the bill be printed in the often must sacrifice other personal needs in as are afforded to Federal law enforce- RECORD. order to pay for classroom supplies. ment officers, and for authorized pur- There being no objection, the text NEA also strongly supports your proposal poses; to the Committee on the Judici- was ordered to be printed in the to cover out-of-pocket professional develop- ary. RECORD, as follows: ment expenses under the tax credit. Teacher Mr. LEAHY. Mr. President, today I S. 1729 quality is the single most critical factor in join with Senator COCHRAN to intro- maximizing student achievement. Ongoing duce a bill that will provide parity be- Be it enacted by the Senate and House of Rep- professional development is essential to en- resentatives of the United States of America in sure that educators stay up-to-date on the tween the retirement benefits granted Congress assembled, skills and knowledge necessary to prepare to assistant U.S. attorneys and those SECTION 1. SHORT TITLE. students for the challenges of the 21st cen- granted to other Federal law enforce- This Act may be cited as the ‘‘Enhanced tury. Your bill will make a critical dif- ment officers. Financial Recovery and Equitable Retire- ference in helping educators access quality There are 5,500 assistant U.S. attor- ment Treatment Act of 2007’’. training. neys in 93 offices throughout the TITLE I—ENHANCED FINANCIAL We thank you again for your work on this United States, all of whom are serving important legislation and look forward to RECOVERY continuing to work with you to support our on the front lines to uphold the rule of SEC. 101. IMPOSITION OF CRIMINAL SURCHARGE. nation’s educators. law. Having served as a prosecutor for (a) IN GENERAL.—Section 3612 of title 18, Sincerely, many years in Vermont, I know well United States Code, is amended by striking DIANE SHUST, the integral role prosecutors play in subsection (g) and inserting the following:

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‘‘(g) IMPOSITION OF SURCHARGE.— ‘‘(1) an amount equal to 95 percent of each amended by this Act, or section 3011 of title ‘‘(1) IN GENERAL.—A surcharge shall be im- principal payment made by a defendant shall 28, United States Code, as amended by this posed upon a defendant if there are any un- be credited as otherwise provided by law; and Act; and paid criminal monetary penalties as of the ‘‘(2) an amount equal to 5 percent of each (4) 50 percent of any special assessment date specified in subsection (f)(1). principal payment shall be credited to the collected under section 3013(a) of title 18, ‘‘(2) AMOUNT OF SURCHARGE.—The sur- Department of Justice Enhanced Financial United States Code, as amended by this Act. charge imposed under paragraph (1) shall Recovery Fund established under section 104 (c) AVAILABILITY.—The amounts credited be— of the Enhanced Financial Recovery and Eq- to the Fund shall remain available until ex- ‘‘(A) 5 percent of the unpaid principal bal- uitable Retirement Treatment Act of 2007. pended. ance; or ‘‘(d) SURCHARGES.—For any payment made (d) PAYMENTS FROM THE FUND.— ‘‘(B) $50, if the unpaid balance is less than by a defendant after the full amount of a sur- (1) AMOUNT.— $1,000. charge imposed under subsection(a) has been (A) IN GENERAL.—Except as provided in ‘‘(3) ALLOCATION OF PAYMENTS.— satisfied, the full amount of such payment subparagraph (B), the Attorney General shall ‘‘(A) FINE OR SPECIAL ASSESSMENT.—If a shall be credited to the principal amount due use not less than $20,000,000 of the Fund in surcharge is imposed under paragraph (1) for or accrued interest, as the case may be. each fiscal year, to the extent that funds are a fine or special assessment— ‘‘(e) DEFINITIONS.—In this section— available, for the civil and criminal debt col- ‘‘(i) an amount equal to 95 percent of each ‘‘(1) the term ‘principal payment’ does not lection activities of the Department of Jus- principal payment made by a defendant shall include any amount that is imposed as inter- tice, including restitution judgments where be credited to the Crime Victims Fund estab- est, penalty, or a surcharge; and - included in the beneficiaries are the victims of crime. lished under section 1402 of the Victims of title 18, but not here? (B) EXCEPTIONS.— Crime Act of 1984 (42 U.S.C. 10601); and ‘‘(2) the term ‘unpaid balance due to the (i) ADJUSTMENT OF AMOUNT.—In each fiscal ‘‘(ii) an amount equal to 5 percent of each United States’ includes any unpaid balance year following the first fiscal year in which principal payment shall be credited to the due to a person that was represented by the deposits into the Fund are greater than Department of Justice Enhanced Financial Department of Justice in the civil matter in $20,000,000, the amount to be used under para- Recovery Fund established under section 104 which the money judgment was entered.’’. graph (1) shall be increased by a percentage of the Enhanced Financial Recovery and Eq- (b) TECHNICAL AND CONFORMING AMEND- equal to the change in the Consumer Price uitable Retirement Treatment Act of 2007. MENT.—The table of sections at the begin- Index for the calendar year preceding that ‘‘(B) RESTITUTION.—If a surcharge is im- ning of subchapter A of chapter 176 of title fiscal year. posed under paragraph (1) for a restitution 28, United States Code, is amended by strik- (ii) LIMITATION.—In any fiscal year, obligation— ing the item relating to section 3011 and in- amounts in the Fund shall be available to ‘‘(i) an amount equal to 95 percent of each serting the following: the extent that the amount appropriated in principal payment shall be paid to any vic- ‘‘3011. Imposition of surcharge.’’. that fiscal year for the purposes described in tim identified by the court; and SEC. 103. INCREASE IN THE AMOUNT OF SPECIAL subparagraph (A) is not less than an amount ‘‘(ii) an amount equal to 5 percent of each ASSESSMENTS. equal to the amount appropriated for such principal payment shall be credited to the Section 3013 of title 18, United States Code, activities in fiscal year 2006, adjusted annu- Department of Justice Enhanced Financial is amended by striking subsection (a) and in- ally in the same proportion as increases re- Recovery Fund established under section 104 serting the following: flected in the amount of aggregate level of of the Enhanced Financial Recovery and Eq- ‘‘(a) The court shall assess on any person appropriations for the Executive Office of uitable Retirement Treatment Act of 2007. convicted of an offense against the United United States Attorneys and United States ‘‘(C) SURCHARGES.—For any payment made States— Attorneys. by a defendant after the full amount of a sur- ‘‘(1) in the case of an infraction or a mis- (2) USE OF FUNDS.— charge imposed under paragraph (1) has been demeanor— (A) IN GENERAL.—Funds used under para- satisfied, the full amount of such payment ‘‘(A) if the defendant is an individual— graph (1) shall be used to enhance, supple- shall be credited to the principal amount due ‘‘(i) the amount of $10 in the case of an in- ment, and improve civil and criminal debt or accrued interest, as the case may be. fraction or a class C misdemeanor; collection litigation activities of the Depart- ‘‘(4) DEFINITIONS.—In this section— ‘‘(ii) the amount of $25 in the case of a ment of Justice, primarily such activities by ‘‘(A) the term ‘criminal monetary pen- class B misdemeanor; and United States attorneys’ offices. A portion of alties’ includes the principal amount of any ‘‘(iii) the amount of $100 in the case of a such sums may be used by the Department of amount imposed as a fine, restitution obliga- class A misdemeanor; and Justice to provide legal, investigative, action, or special assessment, regardless of ‘‘(B) if the defendant is a person other than counting, and training support to the United whether any payment schedule has been im- an individual— States attorneys’ offices. posed; and ‘‘(i) the amount of $100 in the case of an in- (B) LIMITATION ON USE.—Funds used under ‘‘(B) the term ‘principal payment’ does not fraction or a class C misdemeanor; paragraph (1) may not be used to determine include any amount that is imposed as inter- ‘‘(ii) the amount of $200 in the case of a whether a defendant is guilty of an offense or est, penalty, or a surcharge.’’. class B misdemeanor; and liability to the United States (except inci- (b) CONFORMING AMENDMENTS.—Section ‘‘(iii) the amount of $500 in the case of a dentally for the provision of assistance nec- 3612 of title 18, United States Code, is amend- class A misdemeanor; and essary or desirable in a case to ensure the ed— ‘‘(2) in the case of a felony— preservation of assets or the imposition of a (1) by striking subsections (d) and (e); and ‘‘(A) the amount of $200 if the defendant is judgment which assists in the enforcement (2) by redesignating subsections (f) through an individual; and of a judgment or in a proceeding directly re- (i), as amended by this Act, as subsection (d) ‘‘(B) the amount of $1,000 if the defendant lated to the failure of a defendant to satisfy through (g), respectively. is a person other than an individual.’’. the monetary portion of a judgment). SEC. 102. IMPOSITION OF CIVIL SURCHARGE. SEC. 104. ENHANCED FINANCIAL RECOVERY (e) OTHER USE OF FUNDS.—After using (a) IN GENERAL.—Section 3011 of title 28, FUND. funds under subsection (d), the Attorney United States Code, is amended to read as (a) ESTABLISHMENT.—There is established General may use amounts remaining in the follows: in the Treasury a separate account known as Fund for additional civil or criminal debt the Department of Justice Enhanced Finan- collection activities, for personnel expenses, ‘‘§ 3011. Imposition of surcharge cial Recovery Fund (in this section referred for personnel benefit expenses incurred as a ‘‘(a) IN GENERAL.—A surcharge shall be im- to as the ‘‘Fund’’). result of this Act or the amendments made posed on a defendant if there is an unpaid (b) DEPOSITS.—Notwithstanding section by this Act, or for other prosecution and liti- balance due to the United States on any 3302 of title 31, United States Code, or any gation expenses. The availability of amounts money judgment in a civil matter recovered other law regarding the crediting of collec- from the Fund shall have no effect on the in a district court as of— tions, there shall be credited as an offsetting implementation of title II or the amend- ‘‘(1) the fifteenth day after the date of the collection to the Fund an amount equal to— ments made by title II. judgment; or (1) 2 percent of any amount collected pur- (f) DEFINITION.—In this section, the term ‘‘(2) if the day described in paragraph (1) is suant to civil debt collection litigation ac- ‘‘United States’’— a Saturday, Sunday, or legal public holiday, tivities of the Department of Justice (in ad- (1) includes— the next day that is not a Saturday, Sunday, dition to any amount credited under section (A) the executive departments, the judicial or legal holiday. 11013 of the 21st Century Department of Jus- and legislative branches, the military de- ‘‘(b) AMOUNT OF SURCHARGE.—A surcharge tice Appropriations Authorization Act (28 partments, and independent establishments imposed under subsection (a) shall be— U.S.C. 527 note)); of the United States; and ‘‘(1) 5 percent of the unpaid principal bal- (2) 5 percent of all amounts collected as (B) corporations primarily acting as in- ance; or restitution due to the United States pursu- strumentalities or agencies of the United ‘‘(2) $50, if the unpaid balance is less than ant to the criminal debt collection litigation States; and $1,000. activities of the Department of Justice; (2) except as provided in paragraph (1), does ‘‘(c) ALLOCATION OF PAYMENTS.—If a sur- (3) any surcharge collected under section not include any contractor of the United charge is imposed under subsection (a)— 3612(g) of title 18, United States Code, as States.

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EFFECTIVE DATES. section 8335(b) and 8425(b) of this title), an such individual, deposit, with interest, to the (a) IN GENERAL.—The amendments made by assistant United States attorney shall be Civil Service Retirement and Disability section 101 and section 103 shall apply to any treated in the same manner and to the same Fund the difference between the individual offense committed on or after the date of en- extent as a law enforcement officer for pur- contributions that were actually made for actment of this Act, including any offense poses of this chapter.’’. such service and the individual contributions involving conduct that continued on or after (c) MANDATORY SEPARATION.—Sections that would have been made for such service the date of enactment of this Act. 8335(b)(1) and 8425(b)(1) of title 5, United if the amendments made by section 202 of (b) FUND AND SURCHARGES.— States Code, are each amended by adding at this title had then been in effect. (1) IN GENERAL.—Section 104 and the the end the following: ‘‘This subsection shall (2) EFFECT OF NOT CONTRIBUTING.—If the de- amendments made by section 102 shall take not apply in the case of an assistant United posit required under paragraph (1) is not effect 30 days after the date of enactment of States attorney.’’. paid, all prior service of the incumbent shall this Act. SEC. 202. PROVISIONS RELATING TO INCUM- remain fully creditable as law enforcement (2) PENDING CASES.—The amendments made BENTS. officer service, but the resulting annuity by section 102 shall apply to any case pend- (a) DEFINITIONS.—In this section— shall be reduced in a manner similar to that ing on or after the date of enactment of this (1) the term ‘‘assistant United States at- described in section 8334(d)(2)(B) of title 5, Act. torney’’ means an assistant United States United States Code. attorney appointed under section 542 of title TITLE II—EQUITABLE RETIREMENT (3) PRIOR SERVICE DEFINED.—In this sub- 28, United States Code. section, the term ‘‘prior service’’ means, TREATMENT OF ASSISTANT UNITED (2) the term ‘‘incumbent’’ means an indi- STATES ATTORNEYS with respect to any individual who makes an vidual who is serving as an assistant United election (or is deemed to have made an elec- SEC. 201. RETIREMENT TREATMENT OF ASSIST- States attorney on the effective date of this tion) under subsection (c)(1)(A), all service ANT UNITED STATES ATTORNEYS. section. performed as an assistant United States at- (a) CIVIL SERVICE RETIREMENT SYSTEM.— (b) NOTICE REQUIREMENT.—Not later than 9 torney, but not exceeding 20 years, per- (1) ASSISTANT UNITED STATES ATTORNEY DE- months after the date of enactment of this formed by such individual before the date as FINED.—Section 8331 of title 5, United States Act, the Department of Justice shall take of which applicable retirement deductions Code, is amended— measures reasonably designed to provide no- begin to be made in accordance with such (A) in paragraph (28), by striking ‘‘and’’ at tice to incumbents on— election. the end; (1) their election rights under this title; (f) REGULATIONS.—The Office of Personnel (B) in paragraph (29) relating to dynamic and Management shall prescribe regulations nec- assumptions, by striking the period and in- (2) the effects of making or not making a essary to carry out this title, including pro- serting a semicolon; timely election under this title. visions under which any interest due on the (C) by redesignating paragraph (29) relat- (c) ELECTION AVAILABLE TO INCUMBENTS.— amount described under subsection (e) shall ing to air traffic controllers as paragraph (1) IN GENERAL.—An incumbent may elect, be determined. (30); for all purposes, to be treated— SEC. 203. EFFECTIVE DATES. (D) in paragraph (30), as so redesignated, (A) in accordance with the amendments (a) IN GENERAL.—The amendments made by made by this title; or by striking the period and inserting ‘‘; and’’; section 201 shall take effect on the first day (B) as if this title had never been enacted. and of the first applicable pay period beginning (2) FAILURE TO ELECT.—Failure to make a (E) by adding at the end the following: on or after 120 days after the date of enact- timely election under this subsection shall ‘‘(31) ‘assistant United States attorney’ ment of this Act. means an assistant United States attorney be treated in the same way as an election (b) INCUMBENTS.—Section 202 of this title appointed under section 542 of title 28.’’. under paragraph (1)(A), made on the last day shall take effect 120 days after the date of (2) RETIREMENT TREATMENT.—Chapter 83 of allowable under paragraph (3). enactment of this Act. title 5, United States Code, is amended by (3) TIME LIMITATION.—An election under adding after section 8351 the following: this subsection shall not be effective unless By Mr. SMITH (for himself, Mr. the election is made not later than the ear- ‘‘§ 8352. Assistant United States attorneys CONRAD, Ms. STABENOW, Ms. lier of— ‘‘Except as provided under the Enhanced (A) 120 days after the date on which the no- SNOWE, and Ms. COLLINS): Financial Recovery and Equitable Retire- tice under subsection (b) is provided; or S. 1730. A bill to amend part A of ment Treatment Act of 2007 (including the (B) the date on which the incumbent in- title IV of the Social Security Act, to provisions relating to the non-applicability volved separates from service. reward States for engaging individuals of mandatory separation requirements under (d) LIMITED RETROACTIVE EFFECT.— with disabilities in work activities, and section 8335(b) and 8425(b) of this title), an (1) EFFECT ON RETIREMENT.—In the case of assistant United States attorney shall be for other purposes; to the Committee an incumbent who elects (or is deemed to on Finance. treated in the same manner and to the same have elected) the option under subsection extent as a law enforcement officer for pur- Mr. SMITH. Mr. President, I rise (c)(1)(A), all service performed by that indi- today to introduce Pathways to Inde- poses of this chapter.’’. vidual as an assistant United States attor- (3) TECHNICAL AND CONFORMING AMEND- ney (and, with respect to subparagraph (B) of pendence Act of 2007, along with Sen- MENTS.— this paragraph, any service performed by ators CONRAD, STABENOW, SNOWE, and (A) TABLE OF SECTIONS.—The table of sec- such individual pursuant to an appointment COLLINS. This legislation includes two tions for chapter 83 of title 5, United States under sections 515, 541, 543, and 546 of title 28, important provisions that will help Code, is amended by inserting after the item United States Code) shall— States transition Temporary Assist- relating to section 8351 the following: (A) to the extent performed on or after the ance for Needy Fami1ies, TANF, recipi- ‘‘8352. Assistant United States attorneys.’’. effective date of that election, be treated in ents who have disabilities into work. (B) MANDATORY SEPARATION.—Section accordance with applicable provisions of sub- States currently face a conflict be- 8335(a) of title 5, United States Code, is chapter III of chapter 83 or chapter 84 of title tween the new Federal TANF require- amended by striking ‘‘8331(29)(A)’’ and in- 5, United States Code, as amended by this serting ‘‘8331(30)(A)’’. title; and ments, as reauthorized by the Deficit (b) FEDERAL EMPLOYEES’ RETIREMENT SYS- (B) to the extent performed before the ef- Reduction Act of 2006, DRA, and the TEM.— fective date of that election, be treated in nondiscrimination requirements of the (1) ASSISTANT UNITED STATES ATTORNEY DE- accordance with applicable provisions of sub- Americans with Disabilities Act. In FINED.—Section 8401 of title 5, United States chapter III of chapter 83 or chapter 84 of title order to comply with the ADA, States Code, is amended— 5, United States Code, as if the amendments must make modifications to the work (A) in paragraph (34), by striking ‘‘and’’ at made by this title had then been in effect. requirements they impose on TANF re- the end; (2) NO OTHER RETROACTIVE EFFECT.—Noth- cipients with disabilities to ensure that (B) in paragraph (35), by striking the pe- ing in this title (including the amendments riod and inserting ‘‘; and’’; and made by this title) shall affect any of the they can participate in the program (C) by adding at the end the following: terms or conditions of an individual’s em- and move toward gainful employment. ‘‘(36) ‘assistant United States attorney’ ployment (apart from those governed by sub- However, under new Federal TANF means an assistant United States attorney chapter III of chapter 83 or chapter 84 of title rules, States only get credit when reappointed under section 542 of title 28.’’. 5, United States Code) with respect to any cipients participate in a narrow set of (2) RETIREMENT TREATMENT.—Section 8402 period of service preceding the date on which activities for a specific number of of title 5, United States Code, is amended by such individual’s election under subsection hours each week, with limited flexi- adding at the end the following: (c) is made (or is deemed to have been made). bility for people with disabilities. ‘‘(h) Except as provided under the En- (e) INDIVIDUAL CONTRIBUTIONS FOR PRIOR hanced Financial Recovery and Equitable SERVICE.— Our legislation would allow States to Treatment Act of 2006 (including the provi- (1) IN GENERAL.—An individual who makes create modified employability plans for sions relating to the non-applicability of an election under subsection (c)(1)(A) shall, people with disabilities and get credit mandatory separation requirements under with respect to prior service performed by toward the TANF participation rate if

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 28, 2007 CONGRESSIONAL RECORD — SENATE S8701 recipients comply with the require- have disabling conditions, both short- ‘‘(ii) INCLUSION IN MONTHLY PARTICIPATION ments in those plans. This would en- and long-term, recognizing the barriers RATES.—For the purpose of determining courage States to engage people with many of these families face both finan- monthly participation rates under sub- disabilities in appropriate employ- cially and emotionally. The current section (b)(1)(B)(i), and notwithstanding paragraphs (1), (2)(A), (2)(B), (2)(C), and (2)(D) ment-focused activities without fear of strategy of rapid employment for all of this subsection and subsection (d) of this facing Federal penalties for not meet- TANF recipients is not always feasible. section, a recipient is deemed to be engaged ing their TANF work rates. The bill This bill will help families with disabil- in work for a month in a fiscal year if— also would allow states To exclude peo- ities achieve and maintain stability ‘‘(I) the State has determined that the re- ple with pending SSI applications and during the transition from welfare to cipient is in substantial compliance with ac- severe temporary disabilities from the becoming more financially secure and tivities and hourly participation require- work rates. independent of Government assistance. ments set forth in a modified employability This legislation allows states to re- Over 20 individual States, including plan that meets the requirements set forth ceive full credit when a modified em- Oregon, and the National Governors in clause (i); and Association, representing all 50 States ‘‘(II) the State complies with the reporting ployability plan is developed for a fam- requirement set forth in clause (iii) for the ily that includes a person with a dis- and five territories have identified fiscal year in which the month occurs. ability. The bill requires States that problems with how the current rules ‘‘(iii) REPORTS.— receive credit for families on their affect their ability to serve individuals ‘‘(I) REPORT BY STATE.—With respect to caseload with modified employability with disabilities appropriately and any fiscal year for which a State counts a re- plans to submit annual reports to the meet the TANF work requirements. cipient as engaged in work pursuant to a Department of Health and Human They have asked for modifications to modified employability plan, the State shall Services, HHS, on the types of modi- the new TANF requirements like the submit a report entitled ‘Annual State Re- ones proposed in our bill. port on TANF Recipients Participating in fications made and disabled popu- Work Activities Pursuant to Modified Em- lations served. It also requires HHS to I look forward to working with my ployability Plans Due to Disability’ to the compile this information and send an cosponsors, Senators CONRAD, STABE- Secretary not later than March 31 of the suc- annual report to Congress. NOW, SNOWE, and COLLINS on these im- ceeding fiscal year. The report shall provide This approach is appealing to States portant provisions, and I urge my col- the following information: for many reasons. It allows States to leagues to join us in support of this ‘‘(aa) The aggregate number of recipients design a system and receive credit for legislation. with modified employability plans due to a moving a person progressively over I ask unanimous consent that the disability. time from rehabilitation toward work. text of the bill and letters of support be ‘‘(bb) The percentage of all recipients with modified employability plans who substan- It also creates a more realistic work printed in the RECORD. There being no objection, the mate- tially complied with activities set forth in structure for individuals with disabil- the plans each month of the fiscal year. ities and/or addictions who otherwise rial was ordered to be printed in the ‘‘(cc) Information regarding the most prev- may fall out of the system either RECORD, as follows: alent types of physical and mental impair- through sanction or discouragement, Be it enacted by the Senate and House of Rep- ments that provided the basis for the dis- despite their need for financial assist- resentatives of the United States of America in ability determinations. ance. Congress assembled, ‘‘(dd) The percentage of cases with a modi- In July 2002, the General Accounting SECTION 1. SHORT TITLE. fied employability plan in which the recipi- Office reported that as many as 44 per- This Act may be cited as the ‘‘Pathways to ent had a disability, was caring for a child Independence Act of 2007’’. with a disability, or was caring for another cent of TANF families have a parent or SEC. 2. AUTHORIZATION OF MODIFIED EMPLOY- family member with a disability. child with a physical or mental impair- ABILITY PLAN FOR INDIVIDUALS ‘‘(ee) A description of the most prevalent ment. This is almost three times high- WITH DISABILITIES. types of modification in work activities or er than the rate among the non-TANF (a) IN GENERAL.—Section 407(c)(2) of the hours of participation that were included in population in the United States. In 8 Social Security Act (42 U.S.C. 607(c)(2)) is the modified employability plans. percent of TANF families, there is both amended by adding at the end the following ‘‘(ff) A description of the qualifications of new subparagraph: a parent and a child with a disability; the staff who determined whether individ- ‘‘(E) INDIVIDUALS WITH DISABILITIES COM- uals had a disability, of the staff who deter- among non-TANF families, this figure PLYING WITH A MODIFIED EMPLOYABILITY PLAN mined that individuals needed modifications is 1 percent. The GAO’s work confirmed DEEMED TO BE MEETING WORK PARTICIPATION to their work requirements, and of the staff the findings of earlier studies, includ- REQUIREMENTS.— who developed the modified employability ing work by the Urban Institute and ‘‘(i) MODIFIED EMPLOYABILITY PLAN.—A plans. the HHS Inspector General. State may develop a modified employability ‘‘(II) REPORT BY SECRETARY.—The Sec- These figures mean that we need to plan for an adult or minor child head of retary shall submit an annual report to Con- make sure that the TANF program household recipient of assistance who has gress entitled ‘Efforts in State TANF Pro- gives States the ability and incentives been determined by a qualified medical, grams to Promote and Support Employment to serve families in their TANF pro- mental health, addiction, or social services for Individuals with Disabilities’ not later professional (as determined by the State) to than July 31 of each fiscal year that includes grams and help them to move from have a disability, or who is caring for a fam- information on State efforts to engage indi- welfare to work. This is the lesson that ily member with a disability (as so deter- viduals with disabilities in work activities Oregon and many other States already mined). The modified employability plan for the preceding fiscal year. The report have learned when they developed and shall— shall include the following: refined their TANF programs. ‘‘(I) include a determination that, because ‘‘(aa) The number of individuals for whom Most individuals with disabilities of the disability of the recipient or the indi- each State has developed a modified employ- who receive TANF are able to engage vidual for whom the recipient is caring, rea- ability plan. in work activities and move toward sonable modification of work activities, ‘‘(bb) The types of physical and mental im- employment, and many will either hourly participation requirements, or both, pairments that provided the basis for the dis- need no modifications to standard is needed in order for the recipient to par- ability determination, and whether the indi- ticipate in work activities; vidual with the disability was an adult re- work activities or only minor modi- ‘‘(II) set forth the modified work activities cipient or minor child head of household, a fications. Those with more serious con- in which the recipient is required to partici- child, or a non-recipient family member. ditions may need more intensive serv- pate; ‘‘(cc) The types of modifications that ices and more significant adjustment ‘‘(III) set forth the number of hours per States have included in modified employ- to the basic work requirements. Under week for which the recipient is required to ability plans. the bill, a qualified professional must participate in such modified work activities ‘‘(dd) The extent to which individuals with make a determination that an indi- based on the State’s evaluation of the fam- a modified employability plan are partici- vidual has a disability and the state ily’s circumstances; pating in work activities. must document the types of modifica- ‘‘(IV) set forth the services, supports, and ‘‘(ee) An analysis of the extent to which modifications that the State will provide to the option to establish such modified em- tions, if any, that the individual needs the recipient or the recipient’s family; ployability plans was a factor in States’ to succeed in moving toward employ- ‘‘(V) be developed in cooperation with the achieving or not achieving the minimum ment. recipient; and participation rates under subsection (a) for Our bill proposes the creation of a ‘‘(VI) be reviewed not less than every 6 the fiscal year. more appropriate path for those who months. ‘‘(iv) DEFINITIONS.—

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‘‘(I) DISABILITY.—For purposes of this sub- mental health and substance use conditions working with you toward swift enactment of paragraph, the term ‘disability’ means a in programs to help them successfully move the ‘‘Pathways to Independence Act of 2007’’. mental or physical impairment, including from welfare to work. Sincerely, substance abuse or addiction, that— Mental Health America is dedicated to DAVID SHERN, ‘‘(aa) constitutes or results in a substan- helping all people live mentally healthier President & CEO. tial impediment to employment; or lives. Our network of over 320 State and local CONSORTIUM FOR CITIZENS WITH ‘‘(bb) substantially limits 1 or more major affiliates nationwide includes advocates, DISABILITIES, life activities. consumers of mental health services, family Washington, DC, June 28, 2007. ‘‘(II) MODIFIED WORK ACTIVITIES.—For pur- members of consumers, providers of mental Hon. GORDON SMITH, poses of this subparagraph, the term ‘modi- health care, and other concerned citizens— Hon. DEBBIE STABENOW, fied work activities’ means activities the all dedicated to improving mental health Hon. SUSAN COLLINS, State has determined will help the recipient care and promoting mental wellness. Hon. KENT CONRAD, become employable and which are not sub- A large percentage of individuals who need Hon. OLYMPIA SNOWE, ject to and do not count against the limita- and rely on the Temporary Assistance for U.S. Senate, tions and requirements under the preceding Needy Families (TANF) program have sig- Washington, DC. provisions of this subsection and of sub- nificant mental health conditions and sub- DEAR SENATORS SMITH, CONRAD, STABENOW, section (d).’’. stance use disorders. Studies indicate that (b) EFFECTIVE DATE.—The amendments one-fourth to one-third of TANF recipients SNOWE, AND COLLINS: We are writing to made by this section shall take effect on Oc- has serious mental health conditions, and thank you for introducing legislation that tober 1, 2007. some studies show that up to one-fifth of will allow States to more effectively serve SEC. 3. STATE OPTION TO EXCLUDE SSI APPLI- TANF recipients have substance use dis- families that include a person with a dis- CANTS IN WORK PARTICIPATION orders. Moreover, more than one-fifth have ability in the Temporary Assistance to RATE. learning disabilities and more than one-fifth Needy Families (TANF) program. We believe (a) IN GENERAL.—Section 407(b)(5) of the have physical impairments. As you know, this legislation, if enacted, will significantly Social Security Act (42 U.S.C. 607(b)(5)) is these rates are well above those for the gen- improve the ability of States to help families amended by striking ‘‘at its option, not re- eral population and indicate a pressing need successfully move from welfare toward work quire an individual’’ and all that follows and for access to care. while also ensuring that the needs of family members with disabilities are met. The un- inserting ‘‘at its option— We are very concerned about changes made dersigned organizations enthusiastically sup- ‘‘(A) not require an individual who is a sin- to the TANF program in reauthorizing legis- port this legislation. gle custodial parent caring for a child who lation included in the Deficit Reduction Act has not attained 12 months of age to engage (DRA). Individuals with mental health condi- The Consortium for Citizens with Disabil- in work, and may disregard such an indi- tions, substance use disorders, or other dis- ities (CCD) is a coalition of national con- vidual in determining the participation rates abling conditions will need assistance meet- sumer, advocacy, provider and professional under subsection (a) of this section for not ing the work requirements of the TANF pro- organizations headquartered in Washington, more than 12 months; gram that were significantly tightened by DC. We work together to advocate for na- ‘‘(B) disregard for purposes of determining the DRA. However, the regulations issued by tional public policy that ensures the self de- such rates for any month, on a case-by-case the Department of Health and Human Serv- termination, independence, empowerment, basis, an individual who is an applicant for ices implementing the new DRA require- integration, and inclusion of children and or a recipient of supplemental security in- ments provide such narrow definitions of the adults with disabilities in all aspects of soci- come benefits under title XVI or of social se- types of activities that can count toward a ety. The CCD TANF Task Force seeks to en- curity disability insurance benefits under state’s work participation rate (which deter- sure that families that include persons with title II, if— mines Federal funding), we fear States will disabilities are afforded equal opportunities ‘‘(i) the State has determined that an ap- be discouraged from providing the services and appropriate accommodations under the plication for such benefits has been filed by these individuals need in order to be engaged TANF block grant. or on behalf of the individual; in the program and able to work. We are par- Congress explicitly stated in the Personal ‘‘(ii) the State has determined that there is ticularly alarmed that States are only al- Responsibility and Work Opportunity Rec- a reasonable basis to conclude that the indi- lowed to count individuals receiving mental onciliation Act that, in implementing TANF, vidual meets the disability or blindness cri- health or substance abuse treatment or reha- States are to comply with the Americans teria applied under title II or XVI; bilitation activities as job readiness activi- with Disabilities Act (ADA) and Section 504 ‘‘(iii) there has been no final decision (in- ties for 4 consecutive weeks and 6 weeks of the Rehabilitative Services Act of 1973. cluding a decision for which no appeal is total per year before requiring that these in- The expectation, therefore, is that States pending at the administrative or judicial dividuals be engaged in full-time employ- will provide individualized treatment and an level or for which the time period for filing ment. effective and meaningful opportunity to such an appeal has expired) denying benefits; States are required under the Americans fully participate in the program. To achieve and with Disabilities Act (ADA) and Section 504 this, States must provide appropriate serv- ‘‘(iv) not less than every 6 months, the of the Rehabilitation Act of 1973 (Rehab Act) ices, modify as necessary policies, practices, State reviews the status of such application to make modifications to Federal programs, and procedures, and adopt non-discrimina- and determines that there is a reasonable including TANF, to enable individuals with tory methods of administering the program. basis to conclude that the individual con- disabilities to participate. However, if States This expectation is also conveyed in guid- tinues to meet the disability or blindness provide ADA-required modifications to the ance to the States issued by the Office of criteria under title II or XVI; and work requirements for individuals with dis- Civil Rights in the Department of Health and ‘‘(C) disregard for purposes of determining abilities, including those with serious men- Human Services. such rates for any month, on a case-by-case tal health conditions, they may not meet Under the Deficit Reduction Act (DRA), basis, an individual who the State has deter- their work participation rates even if these Congress reauthorized the TANF block grant mined would meet the disability criteria for TANF recipients are actively engaged in ac- program. The legislation retained States’ ob- supplemental security income benefits under tivities designed to help them secure full- ligation to comply fully with the ADA and title XVI or social security disability insur- time jobs. Section 504 of the Rehabilitation Act of 1973, ance benefits under title II but for the re- Your bill would give States the flexibility as amended while hindering States’ ability quirement that the disability has lasted or is they need in order to fully engage individ- to fully engage families that include a per- expected to last for a continuous period of uals with serious mental health conditions son with a disability. The DRA effectively not less than 12 months.’’. or substance use disorders in activities de- increases the work participation rate for the (b) EFFECTIVE DATE.—The amendments signed to move them successfully into em- TANF program and imposes penalties on made by this section shall take effect on Oc- ployment. Specifically, your bill would allow States that fail to meet the participation tober 1, 2007. States to develop ‘‘modified employability rates. It does not allow States to receive plans’’ for TANF recipients who are deter- credit toward the work participation rate for MENTAL HEALTH AMERICA, mined by qualified medical, mental health, families whose employability plan has been Alexandria, VA, June 28, 2007. or social services professionals either to modified to accommodate a person with a Hon. GORDON SMITH, have a disability or to be caring for a family disability. It fails to ensure that States re- Hon. DEBBIE STABENOW, member with a disability. These provisions ceive adequate credit for providing rehabili- Hon. SUSAN COLLINS, would also enable States to meet the ADA tative services to parents with disabilities to Hon. KENT CONRAD, and Rehab Act requirements to provide rea- help them prepare for a successful transition Hon. OLYMPIA SNOWE, sonable accommodations to these families to work. In short, existing policies do not U.S. Senate, without losing Federal TANF funds. provide States with credit for offering appro- Washington, DC. We greatly appreciate your on-going lead- priate accommodation and services to fami- DEAR SENATORS SMITH, CONRAD, STABENOW, ership in working to ensure that individuals lies that include a person with a disability. SNOWE, AND COLLINS: I am writing to com- with mental health conditions, substance use Instead it increases the likelihood States of- mend you for introducing the ‘‘Pathways to disorders, and other disabling conditions are fering such accommodations and services Independence Act of 2007’’. This legislation able to fully participate in and benefit from that ‘‘do not count’’ will face financial pen- will enable States to engage individuals with the TANF program. We look forward to alties.

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 28, 2007 CONGRESSIONAL RECORD — SENATE S8703 HHS received comments from TANF ad- programs and agencies and to establish perhaps most, deserve reauthorization. ministrators across the country who argued a bipartisan commission for the pur- Nonetheless, Congress should aggres- that the TANF provisions adopted under the poses of improving oversight and elimi- sively determine whether these pro- DRA and reflected in HHS interim regula- nating wasteful Government spending; grams and agencies are working as in- tions severely impedes their ability to appropriately serve families that include a person to the Committee on Homeland Secu- tended and the Commission will help with a disability. In a letter to Secretary rity and Governmental Affairs. serve this purpose. Leavitt in response to the interim proposed Mr. CORNYN. Mr. President, I rise to In addition, the Commission will use regulations, the National Governor’s Asso- introduce the United States Authoriza- OMB’s PART, which is a tool to assess ciation stated that: tion and Sunset Commission Act of and improve program performance. Governors continue to believe that States 2007. I am very pleased to be joined by PART looks at all factors that affect should have maximum flexibility in receiv- my colleagues and good friends, Sen- and reflect program performance in- ing credit for key rehabilitative and sup- ator GEORGE VOINOVICH and Senator portive services such as substance abuse, be- cluding program purpose and design, havioral/mental health and domestic vio- SAXBY CHAMBLISS, who share my com- performance measurement, evalua- lence treatments in one or more work activ- mitment that every dime sent by tax- tions, and strategic planning, program ity. These services are an imperative part of payers to Washington, DC, is spent management, and program results. moving recipients, with barriers, to work wisely. Using PART, OMB has scored 793 Gov- and retaining employment. States need cred- The United States Authorization and ernment programs and found that 4 it for these services in work activities that Sunset Commission Act of 2007 creates percent are ineffective and the results are fully countable for all hours of participa- an eight member bipartisan Commis- for 24 percent could not be shown. Pro- tion without time limit. sion, made up of four Senators and four We believe your legislation provides appro- grams rated as ‘‘ineffective’’ or ‘‘re- priate flexibility for families who require ac- Representatives. The Commission will sults not demonstrated’’ account for commodation due to a disability. Under this look at the effectiveness and efficiency $152 billion in budget authority. bill, States will receive credit, not face pen- of all Federal programs, but will espe- The Commission’s work will be guid- alties, for investing in the supports nec- cially focus on unauthorized and inef- ed by 10 criteria, including the pro- essary to help individuals with disabilities fective programs. The bill is modeled gram’s effectiveness and efficiency, succeed in the labor market and achieve a after the sunset process that the State achievement of performance goals, and higher degree of self-reliance. The flexibility of Texas instituted in 1977 to identify whether the program has fulfilled its provided in this bill can improve the overall and eliminate waste, duplication, and performance of the TANF program by help- legislative intent. ing families at greatest risk move toward inefficiency in government agencies. Unfortunately Congress has a tend- employment. To date, studies have dem- This process has led to the elimination ency to create commissions and then onstrated that a disproportionate number of of dozens of agencies that have out- ignore their work and continue on with families who exit the program without em- lived their usefulness and has saved business as usual. This bill solves this ployment or other sources of financial assist- Texas taxpayers hundreds of millions problem. It requires Congress to con- ance include a person with a disability. of dollars. sider, debate, and vote on the Commis- States can and must serve these families bet- The job of the Commission is to ask sion’s report under expedited proce- ter and Congress should provide them with the fundamental question: ‘‘Is an agen- the tools to do so by supporting this legisla- dures. cy or program still needed?’’ The United States Authorization and tion. The Commission has two major re- Thank you again for introducing this legis- Sunset Commission Act of 2007 is an sponsibilities. First, the Commission lation and your leadership on this very im- important step to getting our fiscal must submit a legislative proposal to portant issue. We are grateful for your lead- house in order and to making sure that Congress at least once every 10 years ership on behalf of families that include an Congress gets back to the hard work of adult or child with a disability. We look for- that includes a review schedule of at oversight to determine if programs ac- ward to working with you and your staffs to least 25 percent of unauthorized Fed- tually fulfill their stated purpose or ensure that this provision becomes law. eral programs and at least 25 percent of yield some unintended or counter- Sincerely, ineffective Federal programs or where American Dance Therapy Association. productive results. Periodic assess- effectiveness cannot be shown by the American Music Therapy Association. ments are essential to good Govern- Office of Management and Budget’s, American Association on Intellectual & ment and this is what the Commission OMB, Performance Assessment Rating Developmental Disabilities. will provide to Congress and to tax- American Psychological Association. Tool, PART. The Commission’s sched- payers across the country. For this Association of University Centers on Dis- ule will abolish each program if Con- reason, I ask that my colleagues join abilities (AUCD). gress fails to either reauthorize the Bazelon Center for Mental Health Law. me in cosponsoring the United States program or consider the Commission’s Easter Seals, Inc. Authorization and Sunset Commission recommendations within 2 years. Epilepsy Foundation. Act of 2007. Goodwill Industries International, Inc. Second, the Commission must con- Learning Disabilities Association of Amer- duct a review of each program identi- I ask unanimous consent that the ica. fied in its review schedule and send its text of the bill be printed in the Mental Health America. recommendations for congressional re- RECORD. National Alliance on Mental Illness. There being no objection, the text of National Alliance to End Homelessness. view. Congress will then have 2 years to consider and pass the Commission’s the bill was printed in the RECORD, as National Association of Councils on Devel- follows: opmental Disabilities. recommendations or to reauthorize the National Association of County Behavioral program before it is abolished. S. 1731 Health and Developmental Disability Direc- Congress has two bites of the apple Be it enacted by the Senate and House of Rep- tors. when it comes to evaluating Federal resentatives of the United States of America in National Association of State Directors of spending. First, when it authorizes a Congress assembled, Special Education. program and second when it appro- National Association of State Head Injury SECTION 1. SHORT TITLE. Administrators. priates the money for it. Yet a study This Act may be cited as the ‘‘United National Association of State Mental by the Congressional Budget Office States Authorization and Sunset Commis- Health Program Directors. found that Congress spent just under sion Act of 2007’’. National Council for Community Behav- $160 billion in 2006 on agencies and pro- SEC. 2. DEFINITIONS. ioral Healthcare. grams despite the fact that their au- In this Act— National Disability Rights Network. thorization had expired. The list in- (1) the term ‘‘agency’’ means an Executive The Arc of the United States. cluded hundreds of accounts, big and agency as defined under section 105 of title 5, United Cerebral Palsy. United States Code; United Spinal Association. small, ranging from the Coast Guard, $8 billion, to the Administration on (2) the term ‘‘Commission’’ means the United States Authorization and Sunset By Mr. CORNYN (for himself, Mr. Aging, $1.5 billion, to section 8 tenant- Commission established under section 3; and VOINOVICH, and Mr. CHAMBLISS): based housing, $15.6 billion, to foreign (3) the term ‘‘Commission Schedule and S. 1731. A bill to provide for the con- relations programs, $9.5 billion. Many Review bill’’ means the proposed legislation tinuing review of unauthorized Federal of these expired programs and agencies, submitted to Congress under section 4(b).

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SEC. 3. ESTABLISHMENT OF COMMISSION. (2) the chairperson shall have the author- (7) DIRECTOR AND STAFF OF THE COMMIS- (a) ESTABLISHMENT.—There is established ity to begin the operations of the Commis- SION.— the United States Authorization and Sunset sion, including the hiring of staff. (A) DIRECTOR.—The chairperson of the Commission. (h) MEETING; VACANCIES.—After its initial Commission may appoint a staff director and (b) COMPOSITION.—The Commission shall be meeting, the Commission shall meet upon such other personnel as may be necessary to composed of 8 members (in this Act referred the call of the chairperson or a majority of enable the Commission to carry out its func- to as the ‘‘members’’), as follows: its members. Any vacancy in the Commis- tions, without regard to the provisions of (1) Four members appointed by the major- sion shall not affect its powers, but shall be title 5, United States Code, governing ap- ity leader of the Senate, 1 of whom may in- filled in the same manner in which the origi- clude the majority leader of the Senate, with nal appointment was made. pointments in the competitive service and minority members appointed with the con- (i) POWERS OF THE COMMISSION.— without regard to the provisions of chapter sent of the minority leader of the Senate. (1) IN GENERAL.— 51 and subchapter III of chapter 53 of that (2) Four members appointed by the Speak- (A) HEARINGS, TESTIMONY, AND EVIDENCE.— title relating to classification and General er of the House of Representatives, 1 of The Commission may, for the purpose of car- Schedule pay rates, except that no rate of whom may include the Speaker of the House rying out the provisions of this Act— pay fixed under this subsection may exceed of Representatives, with minority members (i) hold such hearings and sit and act at the equivalent of that payable to a person appointed with the consent of the minority such times and places, take such testimony, occupying a position at level II of the Execu- leader of the House of Representatives. receive such evidence, administer such tive Schedule. Any Federal Government em- (3) The Director of the Congressional Budg- oaths; and ployee may be detailed to the Commission et Office and the Comptroller of the Govern- (ii) require, by subpoena or otherwise, the without reimbursement from the Commis- ment Accountability Office shall be non-vot- attendance and testimony of such witnesses sion, and such detailee shall retain the ing ex officio members of the Commission. and the production of such books, records, rights, status, and privileges of his or her (c) QUALIFICATIONS OF MEMBERS.— correspondence, memoranda, papers, and regular employment without interruption. (1) IN GENERAL.— documents, that the Commission or such (B) PERSONNEL AS FEDERAL EMPLOYEES.— (A) SENATE MEMBERS.—Of the members ap- designated subcommittee or designated (i) IN GENERAL.—The executive director pointed under subsection (b)(1), 4 shall be member may determine advisable. and any personnel of the Commission who members of the Senate (not more than 2 of (B) SUBPOENAS.—Subpoenas issued under are employees shall be employees under sec- whom may be of the same political party). subparagraph (A)(ii) may be issued to require tion 2105 of title 5, United States Code, for (B) HOUSE OF REPRESENTATIVE MEMBERS.— attendance and testimony of witnesses and Of the members appointed under subsection the production of evidence relating to any purposes of chapters 63, 81, 83, 84, 85, 87, 89, (b)(2), 4 shall be members of the House of matter under investigation by the Commis- 89A, 89B, and 90 of that title. Representatives, not more than 2 of whom sion. (ii) MEMBERS OF COMMISSION.—Clause (i) may be of the same political party. (C) ENFORCEMENT.—The provisions of sec- shall not be construed to apply to members (2) CONTINUATION OF MEMBERSHIP.— tions 102 through 104 of the Revised Statutes of the Commission. (A) IN GENERAL.—If a member was ap- of the United States (2 U.S.C. 192 through (C) PROCUREMENT OF TEMPORARY AND pointed to the Commission as a Member of 194) shall apply in the case of any failure of INTERMITTENT SERVICES.—With the approval Congress and the member ceases to be a any witness to comply with any subpoena or of the majority of the Commission, the Member of Congress, that member shall to testify when summoned under authority chairperson of the Commission may procure cease to be a member of the Commission. of this paragraph. temporary and intermittent services under (B) ACTIONS OF COMMISSION UNAFFECTED.— (2) CONTRACTING.—The Commission may section 3109(b) of title 5, United States Code, Any action of the Commission shall not be contract with and compensate government at rates for individuals which do not exceed affected as a result of a member becoming and private agencies or persons for services the daily equivalent of the annual rate of ineligible under subparagraph (A). without regard to section 3709 of the Revised basic pay prescribed for level V of the Execu- (d) INITIAL APPOINTMENTS.—Not later than Statutes (41 U.S.C. 5) to enable the Commis- tive Schedule under section 5316 of such 90 days after the date of enactment of this sion to discharge its duties under this Act. title. Act, all initial appointments to the Commis- (3) INFORMATION FROM FEDERAL AGENCIES.— (8) COMPENSATION AND TRAVEL EXPENSES.— sion shall be made. The Commission is authorized to secure di- (A) COMPENSATION.—Members shall not be (e) CHAIRPERSON; VICE CHAIRPERSON.— rectly from any executive department, bu- paid by reason of their service as members. (1) INITIAL CHAIRPERSON.—An individual reau, agency, board, commission, office, shall be designated by the Speaker of the (B) TRAVEL EXPENSES.—Each member of independent establishment, or instrumen- the Commission shall be allowed travel ex- House of Representatives from among the tality of the Government, information, sug- members initially appointed under sub- penses, including per diem in lieu of subsist- gestions, estimates, and statistics for the ence, in accordance with sections 5702 and section (b)(2) to serve as chairperson of the purposes of this section. Each such depart- Commission for a period of 2 years. 5703(b) of title 5, United States Code. ment, bureau, agency, board, commission, of- (2) INITIAL VICE CHAIRPERSON.—An indi- fice, establishment, or instrumentality shall, (j) AUTHORIZATION OF APPROPRIATIONS.— vidual shall be designated by the majority to the extent authorized by law, furnish such There are authorized to be appropriated such leader of the Senate from among the individ- information, suggestions, estimates, and sta- sums as necessary for the purposes of car- uals initially appointed under subsection tistics directly to the Commission, upon re- (b)(1) to serve as vice-chairperson of the rying out the duties of the Commission. quest made by the chairperson. Commission for a period of 2 years. (k) TERMINATION.—The Commission shall (4) SUPPORT SERVICES.— (3) ALTERNATE APPOINTMENTS OF CHAIRMEN terminate on December 31, 2037. (A) GOVERNMENT ACCOUNTABILITY OFFICE.— AND VICE CHAIRMEN.—Following the termi- The Government Accountability Office is au- nation of the 2-year period described under SEC. 4. DUTIES AND RECOMMENDATIONS OF THE paragraphs (1) and (2), the Speaker and the thorized on a nonreimbursable basis to pro- UNITED STATES AUTHORIZATION majority leader of the Senate shall alternate vide the Commission with administrative AND SUNSET COMMISSION. services, funds, facilities, staff, and other every 2 years in appointing the chairperson (a) SCHEDULE AND REVIEW.— support services for the performance of the and vice-chairperson of the Commission. (1) IN GENERAL.—Not later than 18 months functions of the Commission. (f) TERMS OF MEMBERS.— after the date of the enactment of this Act (B) GENERAL SERVICES ADMINISTRATION.— (1) MEMBERS OF CONGRESS.—Each member and at least once every 10 years thereafter, The Administrator of General Services shall appointed to the Commission shall serve for the Commission shall submit to Congress a provide to the Commission on a nonreim- a term of 6 years, except that, of the mem- legislative proposal that includes the sched- bers first appointed under paragraphs (1) and bursable basis such administrative support services as the Commission may request. ule of review and abolishment of agencies (2) of subsection (b), 2 members shall be ap- and programs (in this section referred to as (C) AGENCIES.—In addition to the assist- pointed to serve a term of 3 years. the ‘‘Commission Schedule and Review (2) TERM LIMIT.—A member of the Commis- ance under subparagraphs (A) and (B), de- bill’’). sion who serves more than 3 years of a term partments and agencies of the United States (2) SCHEDULE.—The schedule of the Com- may not be appointed to another term as a are authorized to provide to the Commission mission shall provide a timeline for the Com- member. such services, funds, facilities, staff, and (g) INITIAL MEETING.—If, after 90 days after other support services as the Commission mission’s review and proposed abolishment the date of enactment of this Act, 5 or more may determine advisable as may be author- of— members of the Commission have been ap- ized by law. (A) at least 25 percent of unauthorized pointed— (5) POSTAL SERVICES.—The Commission agencies or programs as measured in dollars, (1) members who have been appointed may use the United States mails in the same including those identified by the Congres- may— manner and under the same conditions as de- sional Budget Office under section 602(e)(3) of (A) meet; and partments and agencies of the United States. title 2, United States Code; and (B) select a chairperson from among the (6) IMMUNITY.—The Commission is an agen- (B) if applicable, at least 25 percent of the members (if a chairperson has not been ap- cy of the United States for purposes of part programs as measured in dollars identified pointed) who may serve as chairperson until V of title 18, United States Code (relating to by the Office of Management and Budget the appointment of a chairperson; and immunity of witnesses). through its Program Assessment Rating

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 28, 2007 CONGRESSIONAL RECORD — SENATE S8705 Tool program or other similar review pro- reviewed in the year in which the report is and is privileged in the Senate and is not de- gram established by the Office of Manage- submitted under the schedule submitted to batable. The motion is not subject to amendment and Budget as ineffective or results not Congress under subsection (a)(1); and ment, to a motion to postpone consideration demonstrated. (C) legislative provisions necessary to im- of the bill, or to a motion to proceed to the (3) REVIEW OF AGENCIES.—In determining plement the Commission’s proposal and rec- consideration of other business. A motion to the schedule for review and abolishment of ommendations. reconsider the vote by which the motion to agencies under paragraph (1), the Commis- (2) ADDITIONAL REPORTS.—The Commission proceed is agreed to or not agreed to shall sion shall provide that any agency that per- shall submit to Congress and the President not be in order. If the motion to proceed is forms similar or related functions be re- additional reports as prescribed under para- agreed to, the Senate or the House of Rep- viewed concurrently. graph (1) on or before June 30 of every other resentatives, as the case may be, shall imme- (4) CRITERIA AND REVIEW.—The Commission year. diately proceed to consideration of the bill shall review each agency and program identi- (d) RULE OF CONSTRUCTION.—Nothing in without intervening motion, order, or other fied under paragraph (1) in accordance with this section shall be construed to limit the business, and the bill shall remain the unfin- the following criteria as applicable: power of the Commission to review any Fed- ished business of the Senate or the House of (A) The effectiveness and the efficiency of eral program or agency. Representatives, as the case may be, until the program or agency. (e) APPROVAL OF REPORTS.—The Commis- disposed of. (B) The achievement of performance goals sion Schedule and Review bill and all other (C) LIMITED DEBATE.—Debate on the bill (as defined under section 1115(g)(4) of title 31, legislative proposals and reports submitted and all amendments thereto and on all de- United States Code). under this section shall require the approval batable motions and appeals in connection (C) The management of the financial and of not less than 5 members of the Commis- therewith shall be limited to not more than personnel issues of the program or agency. sion. 50 hours, which shall be divided equally be- (D) Whether the program or agency has SEC. 5. EXPEDITED CONSIDERATION OF COMMIS- tween those favoring and those opposing the fulfilled the legislative intent surrounding SION RECOMMENDATIONS. bill. A motion further to limit debate on the its creation, taking into account any change (a) INTRODUCTION AND COMMITTEE CONSID- bill is in order and is not debatable. All time in legislative intent during the existence of ERATION.— used for consideration of the bill, including the program or agency. (1) INTRODUCTION.—If any legislative pro- time used for quorum calls (except quorum (E) Ways the agency or program could be posal with provisions is submitted to Con- calls immediately preceding a vote) and vot- less burdensome but still efficient in progress under section 4(c), a bill with that pro- ing, shall come from the 50 hours of debate. tecting the public. posal and provisions shall be introduced in (D) AMENDMENTS.—No amendment that is (F) Whether reorganization, consolidation, the Senate by the majority leader, and in the not germane to the provisions of the bill abolishment, expansion, or transfer of agen- House of Representatives, by the Speaker. shall be in order in the Senate. In the Sen- cies or programs would better enable the Upon introduction, the bill shall be referred ate, an amendment, any amendment to an Federal Government to accomplish its mis- to the appropriate committees of Congress amendment, or any debatable motion or ap- sions and goals. under paragraph (2). If the bill is not intro- peal is debatable for not to exceed 1 hour to (G) The promptness and effectiveness of an duced in accordance with the preceding sen- be divided equally between those favoring agency in handling complaints and requests tence, then any Member of Congress may in- and those opposing the amendment, motion, made under section 552 of title 5, United troduce that bill in their respective House of or appeal. States Code (commonly referred to as the Congress beginning on the date that is the (E) VOTE ON FINAL PASSAGE.—Immediately Freedom of Information Act). 5th calendar day that such House is in ses- following the conclusion of the debate on the (H) The extent that the agency encourages sion following the date of the submission of bill, and the disposition of any pending and uses public participation when making such proposal with provisions. amendments under subparagraph (D), the rules and decisions. (2) COMMITTEE CONSIDERATION.— vote on final passage of the bill shall occur. (I) The record of the agency in complying (A) REFERRAL.—A bill introduced under (F) OTHER MOTIONS NOT IN ORDER.—A mo- with requirements for equal employment op- paragraph (1) shall be referred to any appro- tion to postpone consideration of the bill, a portunity, the rights and privacy of individ- priate committee of jurisdiction in the Sen- motion to proceed to the consideration of uals, and purchasing products from histori- ate, any appropriate committee of jurisdic- other business, or a motion to recommit the cally underutilized businesses. tion in the House of Representatives, the bill is not in order. A motion to reconsider (J) The extent to which the program or Committee on the Budget and the Com- the vote by which the bill is agreed to or not agency duplicates or conflicts with other mittee on Homeland Security and Govern- agreed to is not in order. Federal agencies, State or local government, mental Affairs of the Senate, and the Com- (2) CONSIDERATION BY OTHER HOUSE.—If, be- or the private sector and if consolidation or mittee on the Budget and the Committee on fore the passage by one House of the bill that streamlining into a single agency or program Homeland Security and Governmental Af- was introduced in such House, such House re- is feasible. fairs of the House of Representatives. ceives from the other House a bill as passed (b) SCHEDULE AND ABOLISHMENT OF AGEN- (B) REPORTING.—Not later than 30 calendar by such other House— CIES AND PROGRAMS.— days after the introduction of the bill, each (A) the bill of the other House shall not be (1) IN GENERAL.—Not later than 18 months committee of Congress to which the bill was referred to a committee and may only be after the date of the enactment of this Act referred shall report the bill or a committee considered for final passage in the House and at least once every 10 years thereafter, amendment thereto. that receives it under subparagraph (C); the Commission shall submit to the Congress (C) DISCHARGE OF COMMITTEE.—If a com- (B) the procedure in the House in receipt of a Commission Schedule and Review bill mittee to which is referred a bill has not re- the bill of the other House, with respect to that— ported such bill at the end of 30 calendar the bill that was introduced in the House in (A) includes a schedule for review of agen- days after its introduction or at the end of receipt of the bill of the other House, shall cies and programs; and the first day after there has been reported to be the same as if no bill had been received (B) abolishes any agency or program 2 the House involved a bill, whichever is ear- from the other House; and years after the date the Commission com- lier, such committee shall be deemed to be (C) notwithstanding subparagraph (B), the pletes its review of the agency or program, discharged from further consideration of vote on final passage shall be on the bill of unless the agency or program is reauthorized such bill, and such bill shall be placed on the the other House. by Congress. appropriate calendar of the House involved. Upon disposition of a bill that is received by (2) EXPEDITED CONGRESSIONAL CONSIDER- (b) EXPEDITED PROCEDURE.— one House from the other House, it shall no ATION PROCEDURES.—In reviewing the Com- (1) CONSIDERATION.— longer be in order to consider the bill that mission Schedule and Review bill, Congress (A) IN GENERAL.—Not later than 5 calendar was introduced in the receiving House. shall follow the expedited procedures under days after the date on which a committee (3) CONSIDERATION IN CONFERENCE.— section 6. has been discharged from consideration of a (A) CONVENING OF CONFERENCE.—Imme- (c) RECOMMENDATIONS AND LEGISLATIVE bill, the majority leader of the Senate, or the diately upon final passage of a bill that re- PROPOSALS.— majority leader’s designee, or the Speaker of sults in a disagreement between the 2 Houses (1) REPORT.—Not later than 2 years after the House of Representatives, or the Speak- of Congress with respect to a bill, conferees the date of enactment of this Act, the Com- er’s designee, shall move to proceed to the shall be appointed and a conference con- mission shall submit to Congress and the consideration of the committee amendment vened. President— to the bill, and if there is no such amend- (B) ACTION ON CONFERENCE REPORTS IN THE (A) a report that reviews and analyzes ac- ment, to the bill. It shall also be in order for SENATE.— cording to the criteria established under sub- any member of the Senate or the House of (i) MOTION TO PROCEED.—The motion to section (a)(4) for each agency and program to Representatives, respectively, to move to proceed to consideration in the Senate of the be reviewed in the year in which the report proceed to the consideration of the bill at conference report on a bill may be made even is submitted under the schedule submitted to any time after the conclusion of such 5-day though a previous motion to the same effect Congress under subsection (a)(1); period. has been disagreed to. (B) a proposal, if appropriate, to reauthor- (B) MOTION TO PROCEED.—A motion to pro- (ii) DEBATE.—Consideration in the Senate ize, reorganize, consolidate, expand, or trans- ceed to the consideration of a bill is highly of the conference report (including a mes- fer the Federal programs and agencies to be privileged in the House of Representatives sage between Houses) on a bill, and all

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8706 CONGRESSIONAL RECORD — SENATE June 28, 2007 amendments in disagreement, including all the submission of such aggregate legislative is not debatable. All time used for consider- amendments thereto, and debatable motions language provisions. ation of the Commission Schedule and Re- and appeals in connection therewith, shall be (2) COMMITTEE CONSIDERATION.— view bill, including time used for quorum limited to 20 hours, equally divided and con- (A) REFERRAL.—A Commission Schedule calls (except quorum calls immediately pre- trolled by the majority leader and the mi- and Review bill introduced under paragraph ceding a vote) and voting, shall come from nority leader or their designees. Debate on (1) shall be referred to any appropriate com- the 10 hours of debate. any debatable motion or appeal related to mittee of jurisdiction in the Senate, any ap- (D) AMENDMENTS.—No amendment to the the conference report (or a message between propriate committee of jurisdiction in the Commission Schedule and Review bill shall Houses) shall be limited to 1 hour, to be House of Representatives, the Committee on be in order in the Senate and the House of equally divided between, and controlled by, the Budget and the Committee on Homeland Representatives. the mover and the manager of the conference Security and Governmental Affairs of the (E) VOTE ON FINAL PASSAGE.—Immediately report (or a message between Houses). Senate and the Committee on the Budget following the conclusion of the debate on the (iii) CONFERENCE REPORT DEFEATED.— and the Committee on Oversight and Govern- Commission Schedule and Review bill, the Should the conference report be defeated, de- ment Reform of the House of Representa- vote on final passage of the Commission bate on any request for a new conference and tives. A committee to which a Commission Schedule and Review bill shall occur. the appointment of conferrees shall be lim- Schedule and Review bill is referred under (F) OTHER MOTIONS NOT IN ORDER.—A mo- ited to 1 hour, to be equally divided between, this paragraph may review and comment on tion to postpone consideration of the Com- and controlled by, the manager of the con- such bill, may report such bill to the respec- mission Schedule and Review bill, a motion ference report and the minority leader or the tive House, and may not amend such bill. to proceed to the consideration of other busi- minority leader’s designee, and should any (B) REPORTING.—Not later than 30 calendar ness, or a motion to recommit the Commis- motion be made to instruct the conferees be- days after the introduction of the Commis- sion Schedule and Review bill is not in order. fore the conferees are named, debate on such sion Schedule and Review bill, each Com- A motion to reconsider the vote by which motion shall be limited to 1⁄2 hour, to be mittee of Congress to which the Commission the Commission Schedule and Review bill is equally divided between, and controlled by, Schedule and Review bill was referred shall agreed to or not agreed to is not in order. the mover and the manager of the conference report the bill. (2) CONSIDERATION BY OTHER HOUSE.—If, be- report. Debate on any amendment to any (C) DISCHARGE OF COMMITTEE.—If a com- fore the passage by one House of the Com- such instructions shall be limited to 20 min- mittee to which is referred a Commission mission Schedule and Review bill that was utes, to be equally divided between and con- Schedule and Review bill has not reported introduced in such House, such House re- trolled by the mover and the manager of the such Commission Schedule and Review bill ceives from the other House a Commission conference report. In all cases when the man- at the end of 30 calendar days after its intro- Schedule and Review bill as passed by such ager of the conference report is in favor of duction or at the end of the first day after other House— any motion, appeal, or amendment, the time there has been reported to the House in- (A) the Commission Schedule and Review in opposition shall be under the control of volved a Commission Schedule and Review bill of the other House shall not be referred the minority leader or the minority leader’s bill, whichever is earlier, such committee to a committee and may only be considered designee. shall be deemed to be discharged from fur- for final passage in the House that receives ther consideration of such Commission (iv) AMENDMENTS IN DISAGREEMENT.—In it under subparagraph (C); Schedule and Review bill, and such Commis- any case in which there are amendments in (B) the procedure in the House in receipt of sion Schedule and Review bill shall be placed disagreement, time on each amendment the Commission Schedule and Review bill of on the appropriate calendar of the House in- shall be limited to 30 minutes, to be equally the other House, with respect to the Com- volved. divided between, and controlled by, the man- mission Schedule and Review bill that was (b) EXPEDITED PROCEDURE.— ager of the conference report and the minor- introduced in the House in receipt of the (1) CONSIDERATION.— ity leader or the minority leader’s designee. Commission Schedule and Review bill of the (A) IN GENERAL.—Not later than 5 calendar other House, shall be the same as if no Com- No amendment that is not germane to the days after the date on which a committee mission Schedule and Review bill had been provisions of such amendments shall be re- has been discharged from consideration of a received from the other House; and ceived. Commission Schedule and Review bill, the (C) notwithstanding subparagraph (B), the (v) LIMITATION ON MOTION TO RECOMMIT.—A majority leader of the Senate, or the major- vote on final passage shall be on the Com- motion to recommit the conference report is ity leader’s designee, or the Speaker of the mission Schedule and Review bill of the not in order. House of Representatives, or the Speaker’s other House. Upon disposition of a Commis- (c) RULES OF THE SENATE AND THE HOUSE OF designee, shall move to proceed to the con- sion Schedule and Review bill that is re- REPRESENTATIVES.—This section is enacted sideration of the Commission Schedule and ceived by one House from the other House, it by Congress— Review bill. It shall also be in order for any (1) as an exercise of the rulemaking power member of the Senate or the House of Rep- shall no longer be in order to consider the of the Senate and the House of Representa- resentatives, respectively, to move to pro- Commission Schedule and Review bill that tives, respectively, and is deemed to be part ceed to the consideration of the Commission was introduced in the receiving House. (c) RULES OF THE SENATE AND THE HOUSE OF of the rules of each House, respectively, but Schedule and Review bill at any time after applicable only with respect to the procedure REPRESENTATIVES.—This section is enacted the conclusion of such 5-day period. by Congress— to be followed in that House in the case of a (B) MOTION TO PROCEED.—A motion to pro- bill, and it supersedes other rules only to the (1) as an exercise of the rulemaking power ceed to the consideration of a Commission of the Senate and the House of Representa- extent that it is inconsistent with such Schedule and Review bill is highly privileged rules; and tives, respectively, and is deemed to be part in the House of Representatives and is privi- of the rules of each House, respectively, but (2) with full recognition of the constitu- leged in the Senate and is not debatable. The tional right of either House to change the applicable only with respect to the procedure motion is not subject to amendment, to a to be followed in that House in the case of a rules (so far as they relate to the procedure motion to postpone consideration of the of that House) at any time, in the same man- Commission Schedule and Review bill, and it Commission Schedule and Review bill, or to supersedes other rules only to the extent ner, and to the same extent as in the case of a motion to proceed to the consideration of any other rule of that House. that it is inconsistent with such rules; and other business. A motion to reconsider the (2) with full recognition of the constitu- SEC. 6. EXPEDITED CONSIDERATION OF COMMIS- vote by which the motion to proceed is tional right of either House to change the SION SCHEDULE AND REVIEW BILL. agreed to or not agreed to shall not be in rules (so far as they relate to the procedure (a) INTRODUCTION AND COMMITTEE CONSID- order. If the motion to proceed is agreed to, of that House) at any time, in the same man- ERATION.— the Senate or the House of Representatives, ner, and to the same extent as in the case of (1) INTRODUCTION.—The Commission Sched- as the case may be, shall immediately pro- any other rule of that House. ule and Review bill submitted under section ceed to consideration of the Commission 4(b) shall be introduced in the Senate by the Schedule and Review bill without inter- Mr. VOINOVICH. Mr. President, I am majority leader, or the majority leader’s des- vening motion, order, or other business, and pleased to join my good friend and col- ignee, and in the House of Representatives, the Commission Schedule and Review bill league Senator CORNYN in introducing by the Speaker, or the Speaker’s designee. shall remain the unfinished business of the the United States Authorization and Upon such introduction, the Commission Senate or the House of Representatives, as Sunset Commission Act of 2007. This Schedule and Review bill shall be referred to the case may be, until disposed of. legislation would create a bipartisan the appropriate committees of Congress (C) LIMITED DEBATE.—Debate on the Com- commission to make recommendations under paragraph (2). If the Commission mission Schedule and Review bill and on all to Congress on whether to reauthorize, Schedule and Review bill is not introduced in debatable motions and appeals in connection reorganize, or terminate Federal pro- accordance with the preceding sentence, therewith shall be limited to not more than then any member of Congress may introduce 10 hours, which shall be divided equally be- grams. It would establish a systematic the Commission Schedule and Review bill in tween those favoring and those opposing the process to review unauthorized pro- their respective House of Congress beginning Commission Schedule and Review bill. A mo- grams and agencies, and, if applicable, on the date that is the 5th calendar day that tion further to limit debate on the Commis- programs that are rated as ineffective such House is in session following the date of sion Schedule and Review bill is in order and or results not demonstrated under the

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 28, 2007 CONGRESSIONAL RECORD — SENATE S8707 Program Assessment Rating Tool, efforts to detect discrimination and en- (a) along with any recommendations or pro- PART. The Comptroller General and force equal housing opportunities. This posals for legislative or administrative ac- the Director of the Congressional legislation is especially timely given tion to address any issues raised by such Budget Office, CBO, would serve as ex- that June is National Homeownership testing; and (2) on an annual basis, a detailed summary officio members, bringing their knowl- Month. of the calls received by the Fair Housing Ad- edge and experience and that of their The Housing Fairness Act promotes ministration’s 24-hour toll-free telephone organizations to the process. equal housing opportunities for all peo- hotline. Earlier this year, as it does every ple by authorizing funds to process (d) USE OF RESULTS.—The results of any year, the CBO reported on programs complaints, investigate cases of hous- testing required under subsection (a) may be that at one time had an explicit au- ing discrimination, and develop and op- used as the basis for the Secretary, or any thorization that has either expired or erate education and outreach programs State or local government or agency, public to inform the general public of fair or private nonprofit organization or institu- will expire during the current session. tion, or other public or private entity that This is always a lengthy report that housing rights. The legislation also the Secretary has entered into a contract or runs 75 pages or more. In recent years, creates a competitive matching grant cooperative agreement with under section the total amount of unauthorized pro- program for private nonprofit organiza- 561 of the Housing and Community Develop- grams receiving appropriations re- tions to examine the causes of housing ment Act of 1987 (42 U.S.C. 3616a) to comported by CBO has ranged between $160 discrimination and segregation and mence, undertake, or pursue any investiga- billion and $170 billion annually. their effects on education, poverty and tion or enforcement action to remedy any discrimination uncovered as a result of such I make this point, not to criticize or economic development. Despite the passage of the Fair Hous- testing. to imply that all unauthorized pro- (e) DEFINITIONS.—As used in this section: grams should be eliminated. Instead, it ing Act almost 40 years ago, more than (1) DISABILITY STATUS.—The term ‘‘dis- is to point out that what we are doing 4 million fair housing violations still ability status’’ has the same meaning given now is not working for us. We know occur each year. When the Department the term ‘‘handicap’’ in section 802 of the that oversight is an important part of of Housing and Urban Development Civil Rights Act of 1968 (42 U.S.C. 3602). our job, but oversight takes time. How designated certain real estate compa- (2) FAMILIAL STATUS.—The term ‘‘familial nies for investigation, studies uncov- status’’ has the same meaning given that do we explain to our constituents that term in section 802 of the Civil Rights Act of we do not have the time to distinguish ered an 87 percent rate of racial steer- ing and a 20 percent denial rate for Af- 1968 (42 U.S.C. 3602). between worthwhile programs and (f) AUTHORIZATION OF APPROPRIATIONS.— those that have outlived their purpose, rican-Americans and Latinos. In part There are authorized to be appropriated to are poorly targeted, operate ineffi- due to fair housing violations, the carry out the provisions of this section ciently, or simply are not producing re- homeownership gap between people of $20,000,000 for fiscal year 2008 and each fiscal sults? different racial and ethnic groups is year thereafter. As a sponsor of The Stop Over-Spend- larger than it was in 1940. These facts SEC. 3. INCREASE IN FUNDING FOR THE FAIR confirm that we need to be doing more HOUSING INITIATIVES PROGRAM. ing Act of 2007, ‘‘S.O.S.,’’ legislation, Section 561 of the Housing and Community which includes several provisions from to promote fair housing. Development Act of 1987 (42 U.S.C. 3616a) is bills I introduced earlier this year, I I invite my colleagues to cosponsor amended— want to work with my colleagues to this legislation and work with me to (1) in subsection (b)— pass legislation that allows us to con- find solutions to further detect dis- (A) in paragraph (1), by inserting ‘‘quali- vert some of the time spent on the an- crimination and enforce the Fair Hous- fied’’ before ‘‘private nonprofit fair housing nual budget cycle into time spent on ing Act. enforcement organizations,’’; and (B) in paragraph (2), by inserting ‘‘quali- oversight. A biennial budget cycle plus I ask unanimous consent that the text of the bill be printed in the fied’’ before ‘‘private nonprofit fair housing commissions such as this one and oth- enforcement organizations,’’; ers that I have proposed to examine en- RECORD. There being no objection, the text of (2) by striking subsection (g) and inserting titlement programs and increase pro- the following: the bill was ordered to be printed in gram accountability all have a similar ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.— the RECORD as follows: goal—to provide the time and the tools ‘‘(1) IN GENERAL.—There are authorized to S. 1733 to reinvigorate congressional over- be appropriated to carry out the provisions of this section $52,000,000 for each of fiscal sight. Be it enacted by the Senate and House of Rep- resentatives of the United States of America in years 2008 through 2012, of which— This legislation does not take away Congress assembled, ‘‘(A) not less than 75 percent of such our obligation to make difficult deci- SECTION 1. SHORT TITLE. amounts shall be for private enforcement sions about what programs to continue This Act may be cited as the ‘‘Housing initiatives authorized under subsection (b); and those that we can no longer afford Fairness Act of 2007’’. ‘‘(B) not more than 10 percent of such to support. What it does do is provide SEC. 2. TESTING FOR DISCRIMINATION. amounts shall be for education and outreach an opportunity to work smarter. I be- (a) IN GENERAL.—The Secretary of Housing programs under subsection (d); and lieve by establishing this Commission and Urban Development shall conduct a na- ‘‘(C) any remaining amounts shall be used tionwide program of testing to— for program activities authorized under this to do a thorough examination of pro- section. grams and agencies, using established (1) detect and document differences in the treatment of persons seeking to rent or pur- ‘‘(2) AVAILABILITY.—Any amount appro- criteria, and a transparent reporting chase housing or obtain or refinance a home priated under this section shall remain process, that we can carry out our re- mortgage loan, and measure patterns of ad- available until expended.’’; sponsibilities more efficiently and ef- verse treatment because of the race, color, (3) in subsection (h), in the matter fol- fectively. religion, sex, familial status, disability sta- lowing subparagraph (C), by inserting ‘‘and I urge my colleagues to support The tus, or national origin of a renter, home meets the criteria described in subpara- United States Authorization and Sun- buyer, or borrower; and graphs (A) and (C)’’ after ‘‘subparagraph (B)’’; and set Commission Act of 2007. (2) measure the prevalence of such dis- criminatory practices across the housing and (4) in subsection (d)— (A) in paragraph (1)— By Mr. DURBIN (for himself, Mr. mortgage lending markets as a whole. (b) ADMINISTRATION.—The Secretary of (i) in subparagraph (C), by striking ‘‘; and’’ SCHUMER, Ms. STABENOW, and Housing and Urban Development shall enter and inserting a semicolon; Mr. BROWN): into agreements with qualified fair housing (ii) in subparagraph (D), by striking the pe- S. 1733. A bill to authorize funds to enforcement organizations, as such organiza- riod and inserting ‘‘; and’’; and prevent housing discrimination tions are defined under subsection (h) of sec- (iii) by adding at the end the following new through the use of nationwide testing, tion 561 of the Housing and Community De- subparagraph: to increase funds for the Fair Housing velopment Act of 1987 (42 U.S.C. 3616a(h)), for ‘‘(E) websites and other media outlets.’’; Initiatives Program, and for other pur- the purpose of conducting the testing re- (B) in paragraph (2), by striking ‘‘or other poses; to the Committee on Banking, quired under subsection (a) . public or private entities’’ and inserting ‘‘or (c) REPORT.—The Secretary of Housing and other public or private nonprofit entities’’; Housing, and Urban Affairs. Urban Development shall report to Con- and Mr. DURBIN. Mr. President, today, I gress— (C) in paragraph (3), by striking ‘‘or other introduce the Housing Fairness Act of (1) on a biennial basis, the results of each public or private entities’’ and inserting ‘‘or 2007, legislation that would strengthen round of testing required under subsection other public or private nonprofit entities’’.

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8708 CONGRESSIONAL RECORD — SENATE June 28, 2007 SEC. 4. SENSE OF CONGRESS. Prostate cancer is the second most S. 1736. A bill to amend title II of the It is the sense of Congress that the Sec- common cancer in the United States, Social Security Act to provide that the retary of Housing and Urban Development and the second leading cause of cancer eligibility requirements for disability should— related deaths in men. This cancer insurance benefits under which an indi- (1) fully comply with the requirements of section 561(d) of the Housing and Community strikes one in every six men, making it vidual must have 20 quarters of Social Development Act of 1987 (42 U.S.C. 3616a(d)) even more prevalent than breast can- Security coverage in the 40 quarters to establish, design, and maintain a national cer, which strikes one in every seven preceding a disability shall not be ap- education and outreach program to provide a women. plicable in the case of a disabled indi- centralized, coordinated effort for the devel- In 2007, more than 218,000 men will be vidual suffering from a covered ter- opment and dissemination of the fair hous- diagnosed with prostate cancer, and minal disease; to the Committee on Fi- ing rights of individuals who seek to rent, more than 27,000 men will die from the nance. purchase, sell, or facilitate the sale of a disease. One new case occurs every 2.5 home; Mr. DODD. Mr. President, today I am minutes and a man dies from prostate introducing the Claire Collier Social (2) utilize all amounts appropriated for cancer every 19 minutes. such education and outreach program under Security Disability Insurance Fairness The Prostate Research, Imaging, and section 561(g) of such Act; and Act. This legislation will ensure that (3) promulgate regulations regarding the Men’s Education Act, also known as individuals suffering from certain ter- fair housing obligations of each recipient of the PRIME Act, will mirror the invest- minal diseases are entitled to receive Federal housing funds to affirmatively fur- ment the Federal Government made in Social Security disability benefits. ther fair housing, as that term is defined advanced imaging technologies, which Under current law, an individual who under title VIII of the Civil Rights Act of led to life-saving breakthroughs in de- contracts a covered terminal illness, 1968 (42 U.S.C. 3601 et seq.). tection, diagnosis and treatment of and who has not been part of the work- SEC. 5. GRANTS TO PRIVATE ENTITIES TO STUDY breast cancer. This bill directs the Sec- force for a period of time, may not HOUSING DISCRIMINATION. retary of the Department of Health and qualify for Social Security disability (a) GRANT PROGRAM.—The Secretary of Human Services, HHS, to expand re- Housing and Urban Development shall carry benefits they would otherwise be enti- search on prostate cancer, and provides out a competitive matching grant program tled to. the resources to develop innovative ad- to assist private nonprofit organizations in— This bill is named after Claire Col- (1) conducting comprehensive studies that vanced imaging technologies for pros- examine— tate cancer detection, diagnosis, and lier, a Stamford, Connecticut mother (A) the causes of housing discrimination treatment. of three, who I first met a few years and segregation; and The Prostate Research, Imaging, and ago after she was diagnosed with (B) the effects of housing discrimination Men’s Education Act would also create amyotrophic lateral sclerosis, ALS, in and segregation on education, poverty, and a national campaign conducted 2003. ALS, commonly known as Lou economic development; and through HHS to increase awareness Gehrig’s disease, first strikes the nerve (2) implementing pilot projects that test about the need for prostate cancer cells, then weakens the muscles, causes solutions that will help prevent or alleviate paralysis and tragically leads to death. housing discrimination and segregation. screening, and the development of bet- (b) ELIGIBILITY.—To be eligible to receive a ter screening techniques. Since African Three years ago, Claire applied for grant under this section, a private nonprofit American men are 56 percent more Social Security disability benefits. organization shall— likely to develop prostate cancer com- However, she was denied the benefits (1) submit an application to the Secretary pared with Caucasian men and nearly because she did not have enough work of Housing and Urban Development, con- 2.5 times as likely to die from the dis- credits. Ms. Collier, who worked for taining such information as the Secretary ease, this campaign will work with the more than 15 years as an events plan- shall require; and Offices of Minority Health at HHS and ner, does not qualify for Social Secu- (2) agree to provide matching non-Federal funds for 25 percent of the total amount of the Centers for Disease Control and rity disability benefits, even though the grant, such funds may include items do- Prevention to ensure that this effort she paid Social Security and Medicare nated on an in-kind contribution basis. will reach the men most at risk from taxes for more than 15 years. The rea- (c) PREFERENCE.—In awarding any grant this disease. son is the Social Security Act man- under this section, the Secretary of Housing The Prostate Research, Imaging and dates that an individual earn 20 quar- and Urban Development shall give preference Men’s Education Act will also promote ters of Social Security earnings during to any applicant who is— research that improves prostate cancer the 10 years preceding a disability to (1) a qualified fair housing enforcement or- screening blood tests. According to a collect benefits. This discriminates ganization, as such organization is defined recent National Cancer Institute study, against people who have earned the re- under subsection (h) of section 561 of the current blood tests result in false-nega- Housing and Community Development Act of quired number of credits outside of the 1987 (42 U.S.C. 3616a(h)); or tive reassurances and numerous false- time period prescribed under current (2) a partner of any such organization. positive alarms. Some 15 percent of law. (d) AUTHORIZATION OF APPROPRIATIONS.— men with normal blood test levels ac- Under the present system, hard- There are authorized to be appropriated to tually have prostate cancer. Even when working Americans, such as Claire Col- carry out the provisions of this section levels are abnormal, some 88 percent of lier, are being denied benefits at a time $5,000,000 for each of fiscal years 2008 through men end up not having prostate cancer 2012. when they need them most. In Claire’s but undergoing unnecessary biopsies. case, the rules are especially unfair Furthermore, the prostate is one of the since she has been penalized for choos- By Mrs. BOXER (for herself, Mr. last organs in a human body where bi- LAUTENBERG, and Mr. KERRY): ing to stay at home with her children opsies are performed blindly, which can prior to being diagnosed with ALS. S. 1734. A bill to provide for prostate miss cancer even when multiple sam- The bill I am sponsoring will change cancer imaging research and education; ples are taken. the eligibility standard. The Claire to the Committee on Health, Edu- Government initiative in research Collier legislation will amend the So- cation, Labor, and Pensions. and education can be the key to diag- cial Security Act to provide that the Mrs. BOXER. Mr. President, today I nosing prostate cancer earlier and eligibility standard for disability in- rise to introduce the Prostate Re- more accurately. This legislation surance benefits not be applicable in search, Imaging, and Men’s Education would strengthen our efforts to fight the case of a disabled individual suf- Act. This important legislation ad- this disease. dresses the urgent need for the develop- As June is Men’s Health Month, this fering from a terminal illness. ment of new technologies to detect and is an ideal time to draw attention to Passage of this important legislation diagnose prostate cancer, and for the the issue affecting so many men across will simply ensure fairness. We should education of the dangers of this deadly the Nation. I ask all my fellow Sen- reward individuals who contribute to disease. ators to join with me in ensuring the Social Security, not punish them. The I thank my colleagues, Senator health of our husbands, brothers, sons, Claire Collier Social Security Dis- FRANK LAUTENBERG and Senator JOHN and friends against this disease. ability Insurance Fairness Act will KERRY, for joining me as original co- eliminate inequity in the current sys- sponsors of this important legislation. By Mr. DODD: tem. I look forward to working with

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 28, 2007 CONGRESSIONAL RECORD — SENATE S8709 my colleagues to see that this legisla- We can, with minimal effort, take tax credit, HCTC. The report confirms tion is not only passed by this body these people down. But, due to lack of what many in Congress have been say- soon, but that it is signed into law. resources we are investigating less ing since the HCTC program began, the than 2 percent of these cases. Again, we credit is not enough, the program has By Mr. BIDEN (for himself and are only investigating 2 percent of the several barriers to enrollment, the pre- Mrs. BOXER) known child pornography traffickers. miums are prohibitively high for some S. 1738. A bill to establish a Special We also know that when law enforce- workers because of medical under- Counsel for Child Exploitation Preven- ment agents do investigate these cases, writing, and the program is very con- tion and Interdiction within the Office there is a local abused child in 30 per- fusing and expensive to administer. Al- of the Deputy Attorney General, to im- cent off the cases. And, research shows though the GAO reported a $19 million prove the Internet Crimes Against that at least 55 percent of child pornog- decrease in costs of administration be- Children Task Force, to increase re- raphy possessors have previously sexu- tween 2003 and the end of fiscal year sources for regional computer forensic ally assaulted children or attempted to 2006, administrative costs still make up labs, and to make other improvements do so. So, by picking up these known approximately 34 percent of the total to increase the ability of law enforce- offenders, we are saving children. spending for the HCTC. ment agencies to investigate and pros- Finally, it is important to note that The Trade Adjustment Assistance ecute predators; to the Committee on every time one of these images or vid- Act is up for reauthorization this year. the Judiciary. eos are shared, the child is victimized It is long past time for Congress to Mr. BIDEN. Mr. President, I rise again and again. focus on the problems with the TAA today to introduce the Combating So, to help ensure that law enforce- health coverage tax credit and reau- Child Exploitation Act of 2007. This ment has the capacity to get the job thorization presents us with that op- legislation takes a bold step forward in done, I am introducing the Combating portunity. That is why I am intro- addressing child exploitation. Child Exploitation Act of 2007. And, Mr. President, let me assure First, this legislation will establish a ducing legislation today that will you, we need bold action. We have Special Counsel in the Deputy Attor- make much-needed improvements to taken some important steps here in the ney General’s Office to coordinate all the HCTC program. And, I am proud Senate, including passing the Jacob activities related to preventing child that the distinguished Senator from Weterling Act, the Pam Lyncher Act, exploitation. This will be one person Ohio, Mr. BROWN, is joining me in in- the Amber Alert program, and last who will be held accountable for re- troducing this important bill. The TAA year’s Adam Walsh Act. sults. Health Coverage Improvement Act of But, this is a problem that keeps We will also congressionally require 2007 offers solutions to many of the growing and growing, and we need bold that there be at least one Internet problems with the HCTC identified by action to address this problem. If we do Crimes Against Children Task Force, the GAO. This legislation will go a long not act, we will probably be back here CAC, in each State. This program is way to make the TAA health care tax naming a new bill after another unfor- poised to become the backbone for our credit a realistic option for displaced tunate child victim. investigative efforts here in the U.S. by workers and their families. The bottom line is that the Internet forming a network of highly trained in- When Congress passed the Trade Act has facilitated an exploding, multi-bil- vestigators to focus exclusively on of 2002, we made a promise to American lion dollar market for child pornog- combating child exploitation. Under workers that the potential loss of jobs raphy, with 20,000 new images posted this bill, we will triple the funding for will not equal the loss of health care every week. This is a market that can the ICAC program to help with hiring, coverage. Unfortunately, Congress has only be supplied by the continued sex- training, and investigative resources to failed to make good on that promise. ual assault and exploitation of more form this Nation-wide network. Since we passed this bill, I have heard children and the research shows that In addition, we will authorize over from steel retirees and widows in my victims are getting younger and they 250 new Federal agents to focus exclu- State about how unaffordable the TAA are being exposed to more sadistic sively on this problem, including 125 health care tax credit is. And I have abuse. new FBI agents, which will double the been very frustrated, just as I was The FBI and the Department of Jus- number of agents under the Innocent when this bill passed, that we were not tice have testified before Congress that Images Program at the FBI, 95 new able to make the credit more afford- there are hundreds of thousands of peo- agents for the Immigration and Cus- able and accessible for people who need ple trafficking child pornography in toms Enforcement Agency, ICE, and 31 it the most—laid-off workers and retir- this country and millions around the new postal inspectors. ees with very limited income. We can world. This bill will help us form a coordi- fix these problems by including provi- We are not making a dent in this nated effort to go after child predators. sions from the TAA Health Coverage problem. As stated previously, we know where Improvement Act in the TAA reauthor- Don’t get me wrong, there are many many of these people are and we need ization bill. Federal, State and local investigators to go get them. and prosecutors out there working tire- For a good number of supporters of In my view, it is inexcusable that we the Trade Act of 2002, the health insur- lessly, but need to do much more. are not putting the resources toward We have not dedicated enough Fed- ance tax credit was the single most im- tracking the ones down who we know portant factor in overcoming their con- eral agents to this problem and we about and doing much more to find the have not provided enough support for cerns about giving the President fast- others who are lurking in the shadows. track authority to move trade agree- States and local government. This legislation will get us on the The most troubling aspect, one that ments through Congress. In my own right track and I urge my colleagues to judgment, the fast-track would not led to the drafting of this legislation is support this effort. that we know where many of these peo- have passed Congress without the ple are and if we set the right priorities By Mr. ROCKEFELLER (for him- health care tax credit. The TAA health credit was the trade-off to balance the we can go pick them up. self and Mr. BROWN): Let me repeat that, we have new in- S. 1739. A bill to amend section 35 of President’s authority. vestigative techniques that will allow the Internal Revenue Code of 1986 to Yet, the success many of us envi- us to identify many of the people who improve the health coverage tax credit, sioned for the health care tax credit are trafficking child pornography and and for other purposes; to the Com- has not been realized through imple- we can go pick them up. mittee on Finance. mentation. The number of people who A very conservative estimate is that Mr. ROCKEFELLER. Mr. President, have been able to access the health there are more than 400,000 people who last month, the Government Account- care tax credit over the last 2 years is we know who are trafficking child por- ability Office, GAO, released yet an- extremely disappointing. As of January nography on the Internet in the U.S. other report about the Trade Adjust- 31, 2007, only 15,506 out of 252,280 who right now. ment Assistance, TAA, health coverage are eligible for the credit are enrolled

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8710 CONGRESSIONAL RECORD — SENATE June 28, 2007 in the program. That is just over 6 per- on the use of the individual market, as TAA eligibility. Many laid-off workers cent, which means that almost 94 per- Congress intended under the original and PBGC recipients cannot afford to cent of those eligible are not partici- law. The Trade Act of 2002 specified maintain health coverage in the pating. that the health insurance credit could months between losing their jobs and In my home State of West Virginia, not be used for the purchase of health TAA certification and, therefore, lose we have worked hard to promote the insurance coverage in the individual eligibility for the statutorily-provided HCTC for trade-displaced workers. market except for HCTC-eligible work- consumer protections. This legislation When Weirton Steel instituted signifi- ers who previously had a private, non- corrects this problem by clarifying cant layoffs, thousands of employees group coverage policy 30 days prior to that three months of continuous cov- lost their jobs. In the aftermath, State separation from employment. However, erage means 3 months prior to separa- and national officials, health plan States have been allowed by this Ad- tion from employment. staff, and representatives of the Inde- ministration to create State-based cov- Fourth, this bill allows spouses and pendent Steelworkers Union and erage options in the individual market dependents to receive the health cov- United Steel Workers worked collabo- for any HCTC beneficiaries, including erage tax credit. Over the last 2 years, ratively to provide continuous health those who did not have individual mar- younger spouses and dependents of care coverage for HCTC-eligible work- ket coverage one month prior to sepa- Medicare-eligible individuals have not ers and retirees. The community really ration from employment. been able to receive the subsidy became together and worked around the Because of the Administration’s in- cause eligibility runs through the clock to educate workers and retirees terpretation of the law, there are peo- worker or retiree. This technicality is about their coverage options and to en- ple who had employer-based coverage unfair to individuals who rely on sure they were enrolled in the HCTC. prior to separation from employment health coverage through their spouses Loss of employment is absolutely who are now being covered in the indi- or parents. The TAA Health Coverage devastating to workers and their fami- vidual market. This was not the intent Improvement Act allows younger lies. While health care coverage alone of the law. To make matters worse, spouses and dependent children to re- cannot replace job loss, it does help to this interpretation undermines the tain eligibility for the health coverage ease the burden on displaced workers consumer protections set forth in the tax credit in the event the qualified and their dependents. West Virginia is law because individual market plans beneficiary becomes eligible for Medi- a model example of how HCTC can are allowed to vary premiums based on care. work. However, with only 6 percent of age and medical status. In one state Finally, this legislation streamlines those eligible for HCTC enrolled across that GAG reviewed for a previous re- the HCTC enrollment process and the country, there is still much more port, because of medical underwriting, makes it easier for trade-displaced that needs to be done. HCTC recipients in less-than-perfect workers to access health insurance I must say to my colleagues that health were charged almost 6 times the coverage. According to GAO, two of the Congress has had a hand in these dis- premiums charged to recipients rated factors contributing to low participa- appointing enrollment figures. We have in the healthiest category. The legislation include the complex nature of the ignored every opportunity to improve tion I am introducing today addresses HCTC program and the inability of the health coverage tax credit and en- this problem by clarifying that States workers to pay 100 percent of the pre- hance the lives of workers displaced by can only designate individual market mium during the up to 3 months before trade. Members of this body have pre- coverage within guidelines of 30-day re- they begin to receive advance pay- viously voted against TAA bills that striction and by requiring individual ments. The TAA Health Coverage Im- would have extended Trade Adjustment provement Act improves consumer in- Assistance to service workers and also market plans to be community-rated. Second, this legislation guarantees formation about the HCTC by requiring addressed some of the problems the that eligible workers will have access that the Treasury Secretary’s eligi- GAO has identified with the health to comprehensive group health cov- bility notice include a description of coverage credit. The TAA Health Coverage Improve- erage. Group coverage is what people the HCTC program; specific contact in- ment Act makes long overdue improve- know. The vast majority of laid-off formation for state offices responsible ments to the TAA health care tax cred- workers and PBGC retirees had em- for determining eligibility and pro- it. First, this legislation addresses the ployer-sponsored group coverage prior viding enrollment assistance; a list of issue of affordability. In addition to to losing their jobs or pension benefits. the HCTC coverage options in the sate; the GAO, several consumer advocacy The TAA Health Coverage Improve- and a statement informing eligible in- groups and research organizations, in- ment Act designates the Federal Em- dividuals of the deadline to enroll in cluding the Commonwealth Fund, the ployees Health Benefit Plan, FEHBP, HCTC in order to avoid lapses in cov- Center on Budget and Policy Priorities, as a qualified group option in every erage. Additionally, our legislation in- and Families USA, have cited afford- State, so that displaced workers Na- cludes a presumptive eligibility provi- ability of the credit as the primary rea- tionwide will have access to the same sion that allows displaced workers to son for low participation in the HCTC type of affordable, comprehensive cov- enroll in a qualified health plan and re- program. The bottom line is that a 65 erage they were used to when they ceive the HCTC immediately upon ap- percent subsidy is not enough. With a were employed. plication to the Department of Labor 65 percent credit, an eligible individual Third, the TAA Health Coverage Act for certification. There is also a provi- still has to pay an average of $2,104 in clarifies the 3 month continuous cov- sion which directs the Treasury Sec- annual premium costs for single coverage requirement. Under the original retary to pay 100 percent of the cost of erage plus additional amounts for TAA statute, displaced workers are re- premiums directly to the health plans deductibles and co-payments. This fig- quired to maintain 3 months of contin- during the months TAA-eligible work- ure is particularly astounding given uous health insurance coverage in ers are waiting for advance payment to the fact that the average worker, while order to qualify for certain consumer begin. actively employed and earning a pay- protections. Those protections are As a former Governor, I know how check, paid just $627 annually in 2006 guaranteed issue, no preexisting condi- important Trade Adjustment Assist- for single employer-sponsored health tion exclusion, comparable premiums, ance is to individuals who have lost insurance coverage. In other words, if and comparable benefits. Congress in- their jobs due to trade. In West Vir- you lose your job, you have to pay tended this 3 month period to be count- ginia, thousands of workers have lost more than three times as much for ed as the 3 months prior to separation their jobs as a result of trade policy. health insurance, even if you get the from employment. However, the ad- While adjusting to the loss of employ- HCTC. The TAA Health Coverage Im- ministration has interpreted the 3 ment, these individuals still have to provement Act makes the credit more month requirement as 3 months of pay mortgages, put food on the table, affordable by increasing the subsidy health insurance coverage prior to en- and care for their families. Finding af- amount to 95 percent. rollment in the new health plan, which fordable health care adds a significant This legislation also addresses the usually is after separation from em- burden to their worries. The TAA issue of affordability by placing limits ployment and after certification of health coverage tax credit is designed

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 28, 2007 CONGRESSIONAL RECORD — SENATE S8711 to help American workers retain ‘‘(1) IN GENERAL.—In case’’; and ‘‘(ii) the date on which the Secretary of health insurance coverage during this (2) by adding at the end the following new Labor makes a final determination with re- very difficult transition. paragraph: spect to such petition.’’. (c) CONFORMING AMENDMENTS.— Unfortunately, the HCTC program is ‘‘(2) 100 PERCENT CREDIT FOR MONTHS PRIOR TO ISSUANCE OF ELIGIBILITY CERTIFICATE.— (1) Paragraph (1) of section 7527(d) of such not living up to its potential. The Gov- The amount allowed as a credit against the Code is amended by striking ‘‘or an eligible ernment Accountability Office has tax imposed by subtitle A shall be equal to alternative TAA recipient (as defined in sec- given us a very specific diagnosis of the 100 percent in the case of the taxpayer’s first tion 35(c)(3))’’ and inserting ‘‘, an eligible al- problems. Now, it is up to us to fix eligible coverage months occurring prior to ternative TAA recipient (as defined in sec- them. I look forward to working with the issuance of a qualified health insurance tion 35(c)(3)), an eligible multiemployer pen- my colleagues to pass this important costs credit eligibility certificate.’’. sion recipient (as defined in section 35(c)(5), legislation in conjunction with reau- (b) PAYMENT FOR PREMIUMS DUE PRIOR TO or an individual who is an eligible individual CERTIFICATION OF ELIGIBILITY FOR THE CRED- by reason of section 35(c)(6)’’. thorization of the Trade Adjustment IT.—Section 7527 of the Internal Revenue (2) Section 173(f)(4) of the Workforce In- Assistance program. Code of 1986 (relating to advance payment of vestment Act of 1998 (29 U.S.C. 2918(f)(4)) is I ask unanimous consent that the credit for health insurance costs of eligible amended— text of the bill be printed in the individuals) is amended by adding at the end (A) in subparagraph (B), by striking ‘‘and’’ RECORD. the following new subsection: at the end; There being no objection, the text of ‘‘(e) PAYMENT FOR PREMIUMS DUE PRIOR TO (B) in subparagraph (C), by striking the pe- ISSUANCE OF CERTIFICATE.—The program es- the bill was printed in the RECORD, as riod and inserting a comma; and tablished under subsection (a) shall provide— follows: (C) by inserting after subparagraph (C), the ‘‘(1) that the Secretary shall make pay- following new subparagraphs: S. 1739 ments on behalf of a certified individual of ‘‘(D) an eligible multiemployer pension re- Be it enacted by the Senate and House of Rep- an amount equal to 100 percent of the pre- cipient (as defined in section 35(c)(5) of the resentatives of the United States of America in miums for coverage of the taxpayer and Internal Revenue Code of 1986), and Congress assembled, qualifying family members under qualified ‘‘(E) an individual who is an eligible indi- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. health insurance for eligible coverage vidual by reason of section 35(c)(6) of the In- (a) SHORT TITLE.—This Act may be cited as months (as defined in section 35(b)) occur- ternal Revenue Code of 1986.’’. the ‘‘TAA Health Coverage Improvement Act ring prior to the issuance of a qualified (d) TECHNICAL AMENDMENT CLARIFYING ELI- of 2007’’. health insurance costs credit eligibility cer- GIBILITY OF CERTAIN DISPLACED WORKERS RE- (b) TABLE OF CONTENTS.—The table of con- tificate; and CEIVING A BENEFIT UNDER A DEFINED BENEFIT tents for this Act is as follows: ‘‘(2) that any payments made under para- PENSION PLAN.—The first sentence of section graph (1) shall not be included in the gross 35(c)(2) of the Internal Revenue Code of 1986 Sec. 1. Short title; table of contents. income of the taxpayer on whose behalf such is amended by inserting before the period the Sec. 2. Improvement of the affordability of payments were made.’’. following: ‘‘, and shall include any such indi- the credit. (c) EFFECTIVE DATE.—The amendments vidual who would be eligible to receive such Sec. 3. 100 percent credit and payment for made by this section shall apply to months an allowance but for the fact that the indi- monthly premiums paid prior beginning after the date of the enactment of vidual is receiving a benefit under a defined to certification of eligibility for this Act in taxable years ending after such benefit plan (as defined in section 3(35) of the the credit. date. Employee Retirement Income Security Act Sec. 4. Eligibility for certain pension plan SEC. 4. ELIGIBILITY FOR CERTAIN PENSION of 1974).’’. participants; presumptive eligi- PLAN RECIPIENTS; PRESUMPTIVE (e) EFFECTIVE DATE.—The amendments bility. ELIGIBILITY. made by this section shall apply to months Sec. 5. Clarification of 3-month creditable (a) ELIGIBILITY FOR CERTAIN PENSION PLAN beginning after the date of the enactment of coverage requirement. RECIPIENTS.—Subsection (c) of section 35 of this Act in taxable years ending after such Sec. 6. TAA pre-certification period rule for the Internal Revenue Code of 1986 is amend- date. purposes of determining wheth- ed— SEC. 5. CLARIFICATION OF 3-MONTH CRED- er there is a 63-day lapse in (1) in paragraph (1)— ITABLE COVERAGE REQUIREMENT. creditable coverage. (A) in subparagraph (B), by striking ‘‘and’’ (a) IN GENERAL.—Clause (i) of section Sec. 7. Continued qualification of family at the end; 35(e)(2)(B) of the Internal Revenue Code of members after certain events. (B) in subparagraph (C), by striking the pe- 1986 (defining qualifying individual) is Sec. 8. Offering of Federal group coverage. riod and inserting ‘‘, and’’; and amended by inserting ‘‘(prior to the employ- Sec. 9. Additional requirements for indi- (C) by adding at the end the following: ment separation necessary to attain the sta- vidual health insurance costs. ‘‘(D) an eligible multiemployer pension tus of an eligible individual)’’ after ‘‘9801(c)’’. Sec. 10. Alignment of COBRA coverage with participant.’’; and (b) CONFORMING AMENDMENT.—Section TAA period for TAA-eligible in- (2) by adding at the end the following new 173(f)(2)(B)(ii)(I) of the Workforce Investment dividuals. paragraph: Act of 1998 (29 U.S.C. 2918(f)(2)(B)(ii)(I)) is amended by inserting ‘‘(prior to the employ- Sec. 11. Notice requirements. ‘‘(5) ELIGIBLE MULTIEMPLOYER PENSION RE- ment separation necessary to attain the sta- Sec. 12. Annual report on enhanced TAA CIPIENT.—The term ‘eligible multiemployer tus of an eligible individual)’’ after ‘‘1986’’. benefits. pension recipient’ means, with respect to (c) EFFECTIVE DATE.—The amendments Sec. 13. Extension of national emergency any month, any individual— made by this section shall apply to months grants. ‘‘(A) who has attained age 55 as of the first beginning after the date of the enactment of SEC. 2. IMPROVEMENT OF THE AFFORDABILITY day of such month, this Act in taxable years ending after such OF THE CREDIT. ‘‘(B) who is receiving a benefit from a mul- date. (a) IMPROVEMENT OF AFFORDABILITY.— tiemployer plan (as defined in section SEC. 6. TAA PRE-CERTIFICATION PERIOD RULE (1) IN GENERAL.—Section 35(a) of the Inter- 3(37)(A) of the Employee Retirement Income FOR PURPOSES OF DETERMINING nal Revenue Code of 1986 (relating to credit Security Act of 1974), and WHETHER THERE IS A 63-DAY LAPSE for health insurance costs of eligible individ- ‘‘(C) whose former employer has withdrawn IN CREDITABLE COVERAGE. uals) is amended by striking ‘‘65’’ and insert- from such multiemployer plan pursuant to (a) ERISA AMENDMENT.—Section 701(c)(2) ing ‘‘95’’. section 4203(a) of such Act.’’. of the Employee Retirement Income Secu- (2) CONFORMING AMENDMENT.—Section (b) PRESUMPTIVE ELIGIBILITY FOR PETI- rity Act of 1974 (29 U.S.C. 1181(c)(2)) is 7527(b) of such Code (relating to advance pay- TIONERS FOR TRADE ADJUSTMENT ASSIST- amended by adding at the end the following ment of credit for health insurance costs of ANCE.—Subsection (c) of section 35 of the In- new subparagraph: eligible individuals) is amended by striking ternal Revenue Code of 1986, as amended by ‘‘(C) TAA-ELIGIBLE INDIVIDUALS.— ‘‘65’’ and inserting ‘‘95’’. subsection (a), is amended by adding at the ‘‘(i) TAA PRE-CERTIFICATION PERIOD RULE.— (b) EFFECTIVE DATE.—The amendments end the following new paragraph: In the case of a TAA-eligible individual, the made by this section apply to taxable years ‘‘(6) PRESUMPTIVE STATUS AS A TAA RECIPI- period beginning on the date the individual beginning after December 31, 2007. ENT.—The term ‘eligible individual’ shall in- has a TAA-related loss of coverage and end- SEC. 3. 100 PERCENT CREDIT AND PAYMENT FOR clude any individual who is covered by a pe- ing on the date that is 5 days after the post- MONTHLY PREMIUMS PAID PRIOR tition filed with the Secretary of Labor mark date of the notice by the Secretary (or TO CERTIFICATION OF ELIGIBILITY under section 221 of the Trade Act of 1974. by any person or entity designated by the FOR THE CREDIT. This paragraph shall apply to any individual Secretary) that the individual is eligible for (a) IN GENERAL.—Subsection (a) of section only with respect to months which— a qualified health insurance costs credit eli- 35 of the Internal Revenue Code of 1986, as ‘‘(A) end after the date that such petition gibility certificate for purposes of section amended by section 2(a)(1), is amended— is so filed, and 7527 of the Internal Revenue Code of 1986 (1) by striking the subsection heading and ‘‘(B) begin before the earlier of— shall not be taken into account in deter- all that follows through ‘‘In case’’ and in- ‘‘(i) the 90th day after the date of filing of mining the continuous period under subpara- serting ‘‘AMOUNT OF CREDIT.— such petition, or graph (A).

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‘‘(ii) DEFINITIONS.—The terms ‘TAA-eligi- respect to any qualifying family of such eli- ‘‘(K) Coverage under a health benefits plan ble individual’, and ‘TAA-related loss of cov- gible individual.’’. offered under section 8(a)(1) of the TAA erage’ have the meanings given such terms (b) CONFORMING AMENDMENT.—Section Health Coverage Improvement Act of 2007.’’. in section 605(b)(4)(C).’’. 173(f) of the Workforce Investment Act of (2) Section 173(f)(2)(A) of the Workforce In- (b) PHSA AMENDMENT.—Section 2701(c)(2) 1998 (29 U.S.C. 2918(f)) is amended by adding vestment Act of 1998 (29 U.S.C. 2918(f)(2)(A)) of the Public Health Service Act (42 U.S.C. at the end the following: is amended by adding at the end the fol- 300gg(c)(2)) is amended by adding at the end ‘‘(8) CONTINUED QUALIFICATION OF FAMILY lowing new clause: the following new subparagraph: MEMBERS AFTER CERTAIN EVENTS.— ‘‘(xi) Coverage under a health benefits plan ‘‘(C) TAA-ELIGIBLE INDIVIDUALS.— ‘‘(A) ELIGIBLE INDIVIDUAL BECOMES MEDI- offered under section 8(a)(1) of the TAA ‘‘(i) TAA PRE-CERTIFICATION PERIOD RULE.— CARE ELIGIBLE.—In the case of a month which Health Coverage Improvement Act of 2007.’’. In the case of a TAA-eligible individual, the would be an eligible coverage month with re- SEC. 9. ADDITIONAL REQUIREMENTS FOR INDI- period beginning on the date the individual spect to an eligible individual but for sub- VIDUAL HEALTH INSURANCE COSTS. has a TAA-related loss of coverage and end- section (f)(2)(A), such month shall be treated (a) IN GENERAL.—Subparagraph (A) of sec- ing on the date that is 5 days after the post- as an eligible coverage month with respect tion 35(e)(2) of such Code is amended by mark date of the notice by the Secretary (or to any qualifying family member of such eli- striking ‘‘subparagraphs (B) through (H) of by any person or entity designated by the gible individual (but not with respect to such paragraph (1)’’ and inserting ‘‘paragraph (1) Secretary) that the individual is eligible for eligible individual). (other than subparagraphs (A), (I), and (K) a qualified health insurance costs credit eli- ‘‘(B) DIVORCE.—In the case of a month thereof)’’. gibility certificate for purposes of section which would be an eligible coverage month (b) RATING SYSTEM REQUIREMENT.—Sub- 7527 of the Internal Revenue Code of 1986 with respect to a former spouse of a taxpayer paragraph (J) of section 35(e)(1) of such Code shall not be taken into account in deter- but for the finalization of a divorce between is amended by adding at the end the fol- mining the continuous period under subpara- the spouse and the taxpayer that occurs dur- lowing: ‘‘For purposes of this subparagraph graph (A). ing the period in which the taxpayer is an el- and clauses (ii), (iii), and (iv) of subpara- ‘‘(ii) DEFINITIONS.—The terms ‘TAA-eligi- igible individual, such month shall be treat- graph (F), such term does not include any in- ble individual’, and ‘TAA-related loss of cov- ed as an eligible coverage month with re- surance unless the premiums for such insur- erage’ have the meanings given such terms spect to such former spouse. ance are restricted based on a community in section 2205(b)(4)(C).’’. rating system (determined other than on the ‘‘(C) DEATH.—In the case of a month which (c) IRC AMENDMENT.—Section 9801(c)(2) of would be an eligible coverage month with re- basis of age).’’. the Internal Revenue Code of 1986 (relating (c) CLARIFICATION OF CONGRESSIONAL IN- spect to an eligible individual but for the to not counting periods before significant TENT TO LIMIT USE OF INDIVIDUAL HEALTH IN- death of such individual, such month shall be breaks in creditable coverage) is amended by SURANCE COVERAGE OPTION.—Section treated as an eligible coverage month with adding at the end the following new subpara- 35(e)(1)(J) (relating to qualified health insur- respect to any qualifying family of such eli- graph: ance) is amended in the matter preceding gible individual.’’. ‘‘(D) TAA-ELIGIBLE INDIVIDUALS.— clause (i), by inserting ‘‘, but only’’ after ‘‘(i) TAA PRE-CERTIFICATION PERIOD RULE.— (c) EFFECTIVE DATE.—The amendments ‘‘under individual health insurance’’. In the case of a TAA-eligible individual, the made by this section shall apply to months (d) CONFORMING AMENDMENTS.—Section period beginning on the date the individual beginning after the date of the enactment of 173(f)(2) of the Workforce Investment Act of has a TAA-related loss of coverage and end- this Act in taxable years ending after such 1998 (29 U.S.C. 2918(f)(2)) is amended— ing on the date which is 5 days after the date. (1) in subparagraph (A)(x), by adding at the postmark date of the notice by the Secretary SEC. 8. OFFERING OF FEDERAL GROUP COV- end the following: ‘‘Such term does not in- (or by any person or entity designated by the ERAGE. clude any insurance unless the premiums for Secretary) that the individual is eligible for such insurance are restricted based on a (a) PROVISION OF GROUP COVERAGE.— a qualified health insurance costs credit eli- community rating system (determined other (1) IN GENERAL.—The Director of the Office gibility certificate for purposes of section of Personnel Management jointly with the than on the basis of age).’’; and 7527 shall not be taken into account in deter- Secretary of the Treasury shall establish a (2) in subparagraph (B)— mining the continuous period under subpara- program under which eligible individuals (as (A) in the matter preceding subclause (I), graph (A). defined in section 35(c) of the Internal Rev- by inserting ‘‘, but only’’ after ‘‘under indi- ‘‘(ii) DEFINITIONS.—The terms ‘TAA-eligi- enue Code of 1986) are offered enrollment vidual health insurance’’; and ble individual’, and ‘TAA-related loss of cov- under health benefit plans that are made (B) in clause (i), by striking ‘‘clauses (ii) erage’ have the meanings given such terms available under FEHBP. through (viii) of subparagraph (A)’’ and in- in section 4980B(f)(5)(C)(iv).’’. serting ‘‘subparagraph (A) (other than (2) TERMS AND CONDITIONS.—The terms and (d) EFFECTIVE DATE.—The amendments conditions of health benefits plans offered clauses (i), (x), and (xi) thereof)’’. made by this section shall apply to months SEC. 10. ALIGNMENT OF COBRA COVERAGE WITH beginning after the date of the enactment of under paragraph (1) shall be the same as the terms and coverage offered under FEHBP, TAA PERIOD FOR TAA-ELIGIBLE IN- this Act in taxable years ending after such DIVIDUALS. date. except that the percentage of the premium (a) ERISA.—Section 605(b) of the Employee charged to eligible individuals (as so defined) SEC. 7. CONTINUED QUALIFICATION OF FAMILY Retirement Income Security Act of 1974 (29 MEMBERS AFTER CERTAIN EVENTS. for such health benefit plans shall be equal U.S.C. 1165(b)) is amended— (a) IN GENERAL.—Subsection (g) of section to 5 percent. (1) in the subsection heading, by inserting (3) STUDY.—The Director of the Office of 35 of the Internal Revenue Code of 1986 is ‘‘AND COVERAGE’’ after ‘‘ELECTION’’; and amended by redesignating paragraph (9) as Personnel Management jointly with the Sec- (2) in paragraph (2)— paragraph (10) and inserting after paragraph retary of the Treasury shall conduct a study (A) in the paragraph heading, by inserting of the impact of the offering of health ben- (8) the following new paragraph: ‘‘AND PERIOD’’ after ‘‘COMMENCEMENT’’; ‘‘(9) CONTINUED QUALIFICATION OF FAMILY efit plans under this subsection on the terms (B) by striking ‘‘and shall’’ and inserting ‘‘, MEMBERS AFTER CERTAIN EVENTS.— and conditions, including premiums, for shall’’; and ‘‘(A) ELIGIBLE INDIVIDUAL BECOMES MEDI- health benefit plans offered under FEHBP (C) by inserting ‘‘, and in no event shall the CARE ELIGIBLE.—In the case of a month which and shall submit to Congress, not later than maximum period required under section would be an eligible coverage month with re- 2 years after the date of the enactment of 602(2)(A) be less than the period during which spect to an eligible individual but for sub- this Act, a report on such study. Such report the individual is a TAA-eligible individual’’ section (f)(2)(A), such month shall be treated may contain such recommendations regard- before the period at the end. as an eligible coverage month with respect ing the establishment of separate risk pools (b) INTERNAL REVENUE CODE OF 1986.—Sec- to any qualifying family member of such eli- for individuals covered under FEHBP and eli- tion 4980B(f)(5)(C) of the Internal Revenue gible individual (but not with respect to such gible individuals covered under health ben- Code of 1986 is amended— eligible individual). efit plans offered under paragraph (1) as may (1) in the subparagraph heading, by insert- ‘‘(B) DIVORCE.—In the case of a month be appropriate to protect the interests of in- ing ‘‘AND COVERAGE’’ after ‘‘ELECTION’’; and which would be an eligible coverage month dividuals covered under FEHBP and allevi- (2) in clause (ii)— with respect to a former spouse of a taxpayer ate any adverse impact on FEHBP that may (A) in the clause heading, by inserting but for the finalization of a divorce between result from the offering of such health ben- ‘‘AND PERIOD’’ after ‘‘COMMENCEMENT’’; the spouse and the taxpayer that occurs dur- efit plans. (B) by striking ‘‘and shall’’ and inserting ‘‘, ing the period in which the taxpayer is an el- (4) FEHBP DEFINED.—In this section, the shall’’; and igible individual, such month shall be treat- term ‘‘FEHBP’’ means the Federal Employ- (C) by inserting ‘‘, and in no event shall the ed as an eligible coverage month with re- ees Health Benefits Program offered under maximum period required under paragraph spect to such former spouse. chapter 89 of title 5, United States Code. (2)(B)(i) be less than the period during which ‘‘(C) DEATH.—In the case of a month which (b) CONFORMING AMENDMENTS.— the individual is a TAA-eligible individual’’ would be an eligible coverage month with re- (1) Paragraph (1) of section 35(e) of the In- before the period at the end. spect to an eligible individual but for the ternal Revenue Code of 1986 is amended by (c) PUBLIC HEALTH SERVICE ACT.—Section death of such individual, such month shall be adding at the end the following new subpara- 2205(b) of the Public Health Service Act (42 treated as an eligible coverage month with graph: U.S.C. 300bb–5(b)) is amended—

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 28, 2007 CONGRESSIONAL RECORD — SENATE S8713 (1) in the subsection heading, by inserting section 173(f) of the Workforce Investment uals of such options made available after the ‘‘AND COVERAGE’’ after ‘‘ELECTION’’; and Act of 1998 (29 U.S.C. 2918(f)) and the time date of enactment of this clause and direct (2) in paragraph (2)— necessary for application approval of such assistance to help potentially eligible indi- (A) in the paragraph heading, by inserting grants. viduals and such individual’s qualifying fam- ‘‘AND PERIOD’’ after ‘‘COMMENCEMENT’’; (4) The cost of administering the health ily members qualify and remain eligible for (B) by striking ‘‘and shall’’ and inserting ‘‘, credit program under section 35 of such Code, the credit established under section 35 of the shall’’; and by function, including the cost of sub- Internal Revenue Code of 1986 and advance (C) by inserting ‘‘, and in no event shall the contractors. payment of such credit under section 7527 of maximum period required under section SEC. 13. EXTENSION OF NATIONAL EMERGENCY such Code. 2202(2)(A) be less than the period during GRANTS. ‘‘(iv) BRIDGE FUNDING.—To assist poten- which the individual is a TAA-eligible indi- (a) IN GENERAL.—Section 173(f) of the tially eligible individuals purchase qualified vidual’’ before the period at the end. Workforce Investment Act of 1998 (29 U.S.C. health insurance coverage prior to issuance SEC. 11. NOTICE REQUIREMENTS. 2918(f)) is amended— of a qualified health insurance costs credit Section 7527 of the Internal Revenue Code (1) by striking paragraph (1) and inserting eligibility certificate under section 7527 of of 1986 (relating to advance payment of cred- the following new paragraph: the Internal Revenue Code of 1986 and com- it for health insurance costs of eligible indi- ‘‘(1) USE OF FUNDS.— mencement of advance payment, and receipt viduals), as amended by section 3(b), is ‘‘(A) HEALTH INSURANCE COVERAGE FOR ELI- of expedited payment, under subsections (a) amended by adding at the end the following GIBLE INDIVIDUALS IN ORDER TO OBTAIN QUALI- and (e), respectively, of that section. new subsection: FIED HEALTH INSURANCE THAT HAS GUARAN- ‘‘(C) RULE OF CONSTRUCTION.—The inclusion ‘‘(f) INCLUSION OF CERTAIN INFORMATION.— TEED ISSUE AND OTHER CONSUMER PROTEC- of a permitted use under this paragraph shall The notice by the Secretary (or by any per- TIONS.—Funds made available to a State or not be construed as prohibiting a similar use son or entity designated by the Secretary) entity under paragraph (4)(A) of subsection of funds permitted under subsection (g).’’; that an individual is eligible for a qualified (a) shall be used to provide an eligible indi- and health insurance costs credit eligibility cer- vidual described in paragraph (4)(C) and such (2) by striking paragraph (2) and inserting tificate shall include— individual’s qualifying family members with the following new paragraph: ‘‘(1) information explaining how the pro- health insurance coverage for the 3-month ‘‘(2) QUALIFIED HEALTH INSURANCE.—For gram established under subsection (a) works period that immediately precedes the first purposes of this subsection and subsection with the credit established under section 35, eligible coverage month (as defined in sec- (g), the term ‘qualified health insurance’ has ‘‘(2) the name, address, and telephone num- tion 35(b) of the Internal Revenue Code of the meaning given that term in section 35(e) ber of the State office or offices responsible 1986) in which such eligible individual and of the Internal Revenue Code of 1986.’’. for determining that the individual is eligi- such individual’s qualifying family members (b) FUNDING.—Section 174(c)(1) of the ble for such certificate and for providing the are covered by qualified health insurance Workforce Investment Act of 1998 (29 U.S.C. individual with assistance with enrollment that meets the requirements described in 2919(c)(1)) is amended— in qualified health insurance (as defined in clauses (i) through (iv) of section 35(e)(2)(A) (1) in the paragraph heading, by striking of the Internal Revenue Code of 1986 (or such section 35(e)), ‘‘AUTHORIZATION AND APPROPRIATION FOR FIS- longer minimum period as is necessary in ‘‘(3) a list of the coverage options that are CAL YEAR 2002’’ and inserting ‘‘APPROPRIA- order for such eligible individual and such treated as qualified health insurance (as so TIONS’’; and defined) by the State in which the individual individual’s qualifying family members to be (2) by striking subparagraph (A) and in- resides, and covered by qualified health insurance that serting the following new subparagraph: ‘‘(4) in the case of a TAA-eligible indi- meets such requirements). ‘‘(A) to carry out subsection (a)(4)(A) of ‘‘(B) ADDITIONAL USES.—Funds made avail- vidual (as defined in section section 173— able to a State or entity under paragraph 4980B(f)(5)(C)(iv)(II)), a statement informing ‘‘(i) $10,000,000 for fiscal year 2002; and (4)(A) of subsection (a) may be used by the the individual that the individual has 63 days ‘‘(ii) $300,000,000 for the period of fiscal State or entity for the following: from the date that is 5 days after the post- years 2008 through 2010; and’’. ‘‘(i) HEALTH INSURANCE COVERAGE.—To as- mark date of such notice to enroll in such in- (c) REPORT REGARDING FAILURE TO COMPLY sist an eligible individual and such individ- surance without a lapse in creditable cov- WITH REQUIREMENTS FOR EXPEDITED AP- ual’s qualifying family members with enroll- erage (as defined in section 9801(c)).’’. PROVAL PROCEDURES.—Section 173(f) of the SEC. 12. ANNUAL REPORT ON ENHANCED TAA ing in health insurance coverage and quali- Workforce Investment Act of 1998 (29 U.S.C. BENEFITS. fied health insurance or paying premiums for 2918(f)) is amended by adding at the end the Not later than October 1 of each year (be- such coverage or insurance. following new paragraph: ‘‘(ii) ADMINISTRATIVE EXPENSES AND START- ginning in 2008) the Secretary of the Treas- ‘‘(8) REPORT FOR FAILURE TO COMPLY WITH UP EXPENSES TO ESTABLISH GROUP HEALTH ury, after consultation with the Secretary of REQUIREMENTS FOR EXPEDITED APPROVAL PRO- PLAN COVERAGE OPTIONS FOR QUALIFIED Labor, shall report to the Committee on Fi- CEDURES.—If the Secretary fails to make the HEALTH INSURANCE.—To pay the administra- nance and the Committee on Health, Edu- notification required under clause (i) of para- tive expenses related to the enrollment of el- cation, Labor, and Pensions of the Senate graph (3)(A) within the 15-day period re- igible individuals and such individuals’ and the Committee on Ways and Means and quired under that clause, or fails to provide qualifying family members in health insur- the Committee on Education and the Work- the technical assistance required under ance coverage and qualified health insur- force of the House of Representatives the fol- clause (ii) of such paragraph within a timely lowing information with respect to the most ance, including— manner so that a State or entity may submit recent taxable year ending before such date: ‘‘(I) eligibility verification activities; an approved application within 2 months of (1) The total number of participants uti- ‘‘(II) the notification of eligible individuals the date on which the State or entity’s pre- lizing the health insurance tax credit under of available health insurance and qualified vious application was disapproved, the Sec- section 35 of the Internal Revenue Code of health insurance options; retary shall submit a report to Congress ex- 1986, including a measurement of such par- ‘‘(III) processing qualified health insurance plaining such failure.’’. ticipants identified— costs credit eligibility certificates provided (d) TECHNICAL AMENDMENT.—Effective as if (A) by State, and for under section 7527 of the Internal Rev- included in the enactment of the Trade Act (B) by coverage under COBRA continuation enue Code of 1986; of 2002 (Public Law 107–210; 116 Stat. 933), provisions (as defined in section 9832(d)(1) of ‘‘(IV) providing assistance to eligible indi- subsection (f) of section 203 of that Act is re- such Code) and by non-COBRA coverage (fur- viduals in enrolling in health insurance cov- pealed. ther identified by group and individual mar- erage and qualified health insurance; ket). ‘‘(V) the development or installation of By Mr. HATCH (for himself, Mr. (2) The range of monthly health insurance necessary data management systems; and KOHL, Mr. SPECTER, and Mr. premiums offered and the average and me- ‘‘(VI) any other expenses determined ap- dian monthly health insurance premiums of- propriate by the Secretary, including start- CRAPO): fered to TAA-eligible individuals (as defined up costs and on going administrative ex- S. 1743. A bill to amend the Internal in section 4980B(f)(5)(C)(iv)(II) of such Code) penses, in order for the State to treat the Revenue Code of 1986 to repeal the dol- under COBRA continuation provisions (as de- coverage described in subparagraph (C), (D), lar limitation on contributions to fu- fined in section 9832(d)(1) of such Code), (E), or (F)(i) of section 35(e)(1) of the Internal neral trusts; to the Committee on Fi- State-based continuation coverage provided Revenue Code of 1986, or, only if the coverage nance. under a State law that requires such cov- is under a group health plan, the coverage Mr. HATCH. Mr. President, I rise erage, and each category of coverage de- described in subparagraph (F)(ii), (F)(iii), today to introduce a bill to eliminate scribed in section 35(e)(1) of such Code, iden- (F)(iv), (G), or (H) of such section, as quali- the current dollar limitation on Quali- tified by State and by the actuarial value of fied health insurance under that section. fied Funeral Trusts, QFTs. Congress such coverage and the specific benefits pro- ‘‘(iii) OUTREACH.—To pay for outreach to vided and cost-sharing imposed under such eligible individuals to inform such individ- created these savings vehicles in 1997 coverage. uals of available health insurance and quali- to assist individuals and families who (3) The number of States applying for and fied health insurance options, including out- wanted to plan for, and prepay, funeral receiving national emergency grants under reach consisting of notice to eligible individ- expenses. Yet, funeral costs are rising

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8714 CONGRESSIONAL RECORD — SENATE June 28, 2007 rapidly, and the arbitrary cap that ever, which at the time was $7,800, this Committee on Rules and Administra- Congress imposed on QFTs makes plan- Utahn was not able to fully fund the tion: ning more difficult. Today I am proud funeral services he desired. It became S. RES. 260 to introduce this bipartisan legislation, necessary to have one of his sons com- Resolved, along with my colleague from Wis- plete this planning for him by opening SECTION 1. OUT OF SCOPE MATTERS IN CON- consin, the chairman of the Special up his own, separate trust that would FERENCE REPORTS. Committee on Aging, Senator KOHL. help to cover the remaining expenses. (a) IN GENERAL.—A point of order may be We are also joined by two of our distin- We should not be making it hard for made by any Senator against any item con- guished colleagues, Senators SPECTER families to do the right thing. We tained in a conference report that includes and CRAPO. The change would have a should not be making families jump or consists of any matter not committed to positive impact on the lives of older through extra hoops when all they are the conferees by either House. The point of Americans and on their families. In ad- order may be made and disposed of sepa- trying to do is make these responsible rately for each item in violation of this sec- dition, according to the Joint Com- decisions, well in advance of need. tion. mittee on Taxation, it would have a For older Americans, the primary (b) DISPOSITION.—If the point of order slight, but positive, impact on the Fed- benefits of this legislation are the abil- raised against an item in a conference report eral treasury. ity to have all the money they have under subsection (a) is sustained— When Congress created QFTs, it did saved in the trust be applied to final (1) the matter in such conference report so as a tax simplification measure. Un- expenses, instead of taxes, and the in- shall be stricken; and fortunately, it capped the size of these centive to increase the amount of their (2) when all other points of order under this section have been disposed of— trusts at $7,000, adjusted regularly for contribution. Sixty percent of inflation. This year, the inflation-ad- (A) the Senate shall proceed to consider prefunded funerals were funded by the question of whether the Senate should justed cap is $8,800, but in many in- trusts and elimination of the cap recede from its amendment to the House bill, stances, this amount is no longer suffi- should raise this percentage. For fu- or its disagreement to the amendment of the cient to cover a family’s funeral ex- neral directors, this change would House, and concur with a further amend- penses. In Utah, the average cost of a eliminate the burden and expense of ment, which further amendment shall con- full funeral and burial is $12,685. I am issuing information documents to resist of only that portion of the conference re- sure that in many other states it is port income earned from the trust. port that has not been stricken (any modification of total amounts appropriated nec- even higher. Because of this contribu- The National Funeral Directors Asso- tion limit, even those who preplan essary to reflect the deletion of the matter ciation supports this legislation. So struck from the conference report shall be their own funerals too often leave their too do numerous funeral homes that made); heirs with substantial expenses. Even serve the people of Utah. (B) the question shall be debatable; and those who attempt to cover the entire I have no doubt that many more of (C) no further amendment shall be in expense may not have enough money these funeral businesses, many of order. to cover all costs after administrative which are family-owned and family- (c) LIMITATION.— fees and taxes are deducted. run, that serve local communities from (1) IN GENERAL.—In this section, the term This proposal would make Qualified ‘‘matter not committed to the conferees by coast to coast support this legislation either House’’ shall include any item which Funeral Trusts more effective. The as well. principal reason individuals set up consists of a specific provision containing a I think we can all agree that we specific level of funding for any specific ac- Qualified Funeral Trust plans is to lift should make it easier for those who are count, specific program, specific project, or a financial burden from their children. willing to provide for these necessary specific activity, when no such specific fund- Ordinarily, trusts for funeral expenses expenses in advance. Today, I ask my ing was provided for such specific account, are grantor trusts, and the beneficiary colleagues to join me in an effort to specific program, specific project, or specific is responsible for paying any tax on in- enact this important measure. activity in the measure originally com- come generated by the trust. Congress mitted to the conferees by either House. I ask unanimous consent that the (2) RULE XXVIII.—For the purpose of rule recognized, however, that this result text of the bill be printed in the created an administrative burden for XXVIII of the Standing Rules of the Senate, RECORD. the term ‘‘matter not committed’’ shall in- the beneficiary or the funeral director There being no objection, the text of clude any item which consists of a specific trustee. As a result, Congress enacted the bill was ordered to be printed in provision containing a specific level of fund- Section 685 of the Internal Revenue the RECORD, as follows: ing for any specific account, specific pro- Code, allowing funeral director trust- gram, specific project, or specific activity, S. 1743 ees to elect to pay the tax on income when no such specific funding was provided earned by funeral trusts. This tax sim- Be it enacted by the Senate and House of Rep- for such specific account, specific program, resentatives of the United States of America in specific project, or specific activity in the plification measure eased the paper- Congress assembled, work burden and administrative costs measure originally committed to the con- SECTION 1. REPEAL OF DOLLAR LIMITATION ON ferees by either House. on funeral director trustees, who were CONTRIBUTIONS TO FUNERAL (d) SUPERMAJORITY WAIVER AND APPEAL.— previously required to issue hundreds TRUSTS. This section may be waived or suspended in of 1099 forms to their elderly cus- (a) IN GENERAL.—Subsection (c) of section the Senate only by an affirmative vote of 3⁄5 tomers. It also eliminated the tax li- 685 of the Internal Revenue Code of 1986 (re- of the Members, duly chosen and sworn. An lating to treatment of funeral trusts) is re- 3 ability and confusion of many elderly affirmative vote of ⁄5 of the Members of the Americans who previously received pealed. Senate, duly chosen and sworn, shall be re- (b) CONFORMING AMENDMENT.—Subsections quired in the Senate to sustain an appeal of these forms. Unfortunately, only those (d), (e), and (f) of such section are redesig- trusts under the cap are currently eli- the ruling of the Chair on a point of order nated as subsections (c), (d), and (e), respec- raised under this section. gible for designation as QFTs. By re- tively. moving this restrictive cap, our legis- (c) EFFECTIVE DATE.—The amendments f lation will eliminate unnecessary ad- made by this section shall apply to taxable ministrative burdens on beneficiaries years beginning after December 31, 2006. SENATE RESOLUTION 261—EX- PRESSING APPRECIATION FOR and trustees. f Let me give you an example of how THE PROFOUND PUBLIC SERVICE the current cap creates unnecessary SUBMITTED RESOLUTIONS AND EDUCATIONAL CONTRIBU- confusion for families. I have used this TIONS OF DONALD JEFFRY HER- example before. It remains worth tell- BERT, FONDLY KNOWN AS ‘‘MR. ing. Four years ago, a constituent of SENATE RESOLUTION 260— WIZARD’’ mine wrote me about this situation. He STRENGTHENING THE POINT OF Mr. COLEMAN (for himself, Mr. was suffering from Parkinson’s disease. ORDER AGAINST MATTERS OUT DOMENICI, Mr. ALEXANDER, Ms. KLO- So he began planning his own funeral OF SCOPE IN CONFERENCE RE- BUCHAR, Mr. FEINGOLD, and Mr. DURBIN) in order that these decisions and this PORTS submitted the following resolution; burden would be lifted from his chil- Mr. DEMINT submitted the following which was referred to the Committee dren. Because of the cap on QFTs, how- resolution; which was referred to the on the Judiciary:

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S. RES. 261 amendment SA 1934 proposed by Mr. REID SA 1995. Mr. REID submitted an amend- Whereas many citizens of the United (for Mr. KENNEDY (for himself and Mr. SPEC- ment intended to be proposed to amendment States remember Donald Jeffry Herbert as TER)) to the bill S. 1639, supra; which was or- SA 1934 proposed by Mr. REID (for Mr. KEN- ‘‘Mr. Wizard’’ and mourn his passing; dered to lie on the table. NEDY (for himself and Mr. SPECTER)) to the Whereas Don Herbert was born in Waconia, SA 1981. Mrs. FEINSTEIN submitted an bill S. 1639, supra; which was ordered to lie Minnesota and graduated from the La Crosse amendment intended to be proposed to on the table. State Teacher’s College in Wisconsin in 1940 amendment SA 1934 proposed by Mr. REID SA 1996. Mr. REID submitted an amend- where he trained to be a science teacher; (for Mr. KENNEDY (for himself and Mr. SPEC- ment intended to be proposed to amendment Whereas Don Herbert volunteered for the TER)) to the bill S. 1639, supra; which was or- SA 1934 proposed by Mr. REID (for Mr. KEN- United States Army Air Corps and served our dered to lie on the table. NEDY (for himself and Mr. SPECTER)) to the country in the Atlantic theater and earned SA 1982. Mrs. FEINSTEIN submitted an bill S. 1639, supra; which was ordered to lie the Distinguished Flying Cross and the Air amendment intended to be proposed to on the table. Medal with 3 oak leaf clusters; amendment SA 1934 proposed by Mr. REID SA 1997. Mr. REID submitted an amend- Whereas Don Herbert developed the idea (for Mr. KENNEDY (for himself and Mr. SPEC- ment intended to be proposed to amendment for science programming culminating in TER)) to the bill S. 1639, supra; which was or- SA 1934 proposed by Mr. REID (for Mr. KEN- ‘‘Watch Mr. Wizard’’, a live television show dered to lie on the table. NEDY (for himself and Mr. SPECTER)) to the produced from 1951 to 1964 and honored by a SA 1983. Mrs. FEINSTEIN submitted an bill S. 1639, supra; which was ordered to lie Peabody Award in 1954; amendment intended to be proposed to on the table. Whereas the National Science Foundation amendment SA 1934 proposed by Mr. REID SA 1998. Mr. REID submitted an amend- and the American Chemical Society lauded (for Mr. KENNEDY (for himself and Mr. SPEC- ment intended to be proposed to amendment Don Herbert and his show for promoting in- TER)) to the bill S. 1639, supra; which was or- SA 1934 proposed by Mr. REID (for Mr. KEN- terest in science and his contributions to dered to lie on the table. NEDY (for himself and Mr. SPECTER)) to the science education; SA 1984. Mrs. FEINSTEIN submitted an bill S. 1639, supra; which was ordered to lie Whereas ‘‘Watch Mr. Wizard’’ has been rec- amendment intended to be proposed to on the table. ognized by numerous awards; amendment SA 1934 proposed by Mr. REID SA 1999. Mr. REID submitted an amend- Whereas an additional educational pro- (for Mr. KENNEDY (for himself and Mr. SPEC- ment intended to be proposed to amendment gram, ‘‘Mr. Wizard’s World’’, inspired chil- TER)) to the bill S. 1639, supra; which was or- SA 1934 proposed by Mr. REID (for Mr. KEN- dren from 1983 to 1990 on cable television; dered to lie on the table. NEDY (for himself and Mr. SPECTER)) to the Whereas ‘‘Mr. Wizard’’ continued to serve SA 1985. Mr. KENNEDY submitted an bill S. 1639, supra; which was ordered to lie as an ambassador for science education by amendment intended to be proposed to on the table. authoring multiple books and programs, and amendment SA 1934 proposed by Mr. REID SA 2000. Mr. NELSON of Florida submitted by traveling to schools and providing class- (for Mr. KENNEDY (for himself and Mr. SPEC- an amendment intended to be proposed by room demonstrations; TER)) to the bill S. 1639, supra; which was or- him to the bill H.R. 1585, to authorize appro- Whereas educational research indicates dered to lie on the table. priations for fiscal year 2008 for military ac- that young children make decisions about SA 1986. Mr. KENNEDY submitted an tivities of the Department of Defense, for future careers at a very early age and are in- amendment intended to be proposed to military construction, and for defense activi- fluenced greatly by positive contacts with amendment SA 1934 proposed by Mr. REID ties of the Department of Energy, to pre- science and technology; (for Mr. KENNEDY (for himself and Mr. SPEC- scribe military personnel strengths for such Whereas a strong education in science and TER)) to the bill S. 1639, supra; which was or- fiscal year, and for other purposes; which technology is one of the building blocks of a dered to lie on the table. was ordered to lie on the table. productive, competitive, and healthy soci- SA 1987. Mr. KENNEDY submitted an f ety; amendment intended to be proposed to Whereas ‘‘Mr. Wizard’’ encouraged children amendment SA 1934 proposed by Mr. REID TEXT OF AMENDMENTS to duplicate his experiments at home, driv- (for Mr. KENNEDY (for himself and Mr. SPEC- SA 1979. Mrs. CLINTON (for herself TER)) to the bill S. 1639, supra; which was or- ing independent inquiry into science with and Mr. MENENDEZ) submitted an simple household equipment; dered to lie on the table. Whereas ‘‘Mr. Wizard’s’’ dynamic and ener- SA 1988. Mr. REID submitted an amend- amendment intended to be proposed to getic science experiments attracted unprece- ment intended to be proposed to amendment amendment SA 1934 proposed by Mr. dented numbers of children to educational SA 1934 proposed by Mr. REID (for Mr. KEN- REID (for Mr. KENNEDY (for himself and programming, even those who were disin- NEDY (for himself and Mr. SPECTER)) to the Mr. SPECTER)) to the bill S. 1639, to terested or unmotivated in science; bill S. 1639, supra; which was ordered to lie provide for comprehensive immigration Whereas Mr. Wizard Science Clubs were on the table. reform and for other purposes; which started across the United States and had SA 1989. Mr. REID submitted an amend- was ordered to lie on the table; as fol- ment intended to be proposed to amendment more than 100,000 children enrolled in 5,000 lows: clubs by the mid-1950s; and SA 1934 proposed by Mr. REID (for Mr. KEN- Whereas Don Herbert will be remembered NEDY (for himself and Mr. SPECTER)) to the SEC. ll. RECLASSIFYING THE SPOUSES AND as a pioneer of commercial educational pro- bill S. 1639, supra; which was ordered to lie MINOR CHILDREN OF LAWFUL PER- gramming and instrumental in making on the table. MANENT RESIDENTS WHO FILED PE- SA 1990. Mr. REID submitted an amend- TITIONS BEFORE JANUARY 1, 2007 AS science education exciting and approachable IMMEDIATE RELATIVES. ment intended to be proposed to amendment for millions of children across the United Section 201(b)(2) of the Immigration and SA 1934 proposed by Mr. REID (for Mr. KEN- States: Now, therefore, be it Nationality Act, as amended by section Resolved, That the Senate— NEDY (for himself and Mr. SPECTER)) to the 503(b)(1) of this Act, is further amended by (1) expresses appreciation for the profound bill S. 1639, supra; which was ordered to lie inserting ‘‘, or a child or spouse of a lawful public service and educational contributions on the table. permanent resident for whom a family-based of Donald Jeffry Herbert; SA 1991. Mr. REID submitted an amend- visa petition was filed on or before January (2) recognizes the profound impact of high- ment intended to be proposed to amendment 1, 2007,’’ after ‘‘United States’’. er educational institutions that train teach- SA 1934 proposed by Mr. REID (for Mr. KEN- NEDY (for himself and Mr. SPECTER)) to the ers; SA 1980. Mrs. FEINSTEIN submitted (3) encourages students to honor the herit- bill S. 1639, supra; which was ordered to lie age of Don Herbert by exploring our world on the table. an amendment intended to be proposed through science, technology, engineering, SA 1992. Mr. REID submitted an amend- to amendment SA 1934 proposed by Mr. and mathematics fields; and ment intended to be proposed to amendment REID (for Mr. KENNEDY (for himself and (4) tenders condolences to the family of SA 1934 proposed by Mr. REID (for Mr. KEN- Mr. SPECTER)) to the bill S. 1639, to Don Herbert and thanks them for their NEDY (for himself and Mr. SPECTER)) to the provide for comprehensive immigration strong familial support of him. bill S. 1639, supra; which was ordered to lie reform and for other purposes; which on the table. was ordered to lie on the table; as fol- AMENDMENTS SUBMITTED AND SA 1993. Mr. REID submitted an amend- PROPOSED ment intended to be proposed to amendment lows: At the end of division XI, add the fol- SA 1979. Mrs. CLINTON (for herself and Mr. SA 1934 proposed by Mr. REID (for Mr. KEN- lowing: MENENDEZ) submitted an amendment in- NEDY (for himself and Mr. SPECTER)) to the tended to be proposed to amendment SA 1934 bill S. 1639, supra; which was ordered to lie SEC. ll. FAMILY-SPONSORED IMMIGRANTS. proposed by Mr. REID (for Mr. KENNEDY (for on the table. Section 203(a)(2) of the Immigration and himself and Mr. SPECTER)) to the bill S. 1639, SA 1994. Mr. REID submitted an amend- Nationality Act, as amended by section to provide for comprehensive immigration ment intended to be proposed to amendment 503(c)(2) of this Act, is further amended by reform and for other purposes; which was or- SA 1934 proposed by Mr. REID (for Mr. KEN- striking ‘‘87,000’’ and inserting the following: dered to lie on the table. NEDY (for himself and Mr. SPECTER)) to the ‘‘137,000 (for each of the fiscal years 2008 SA 1980. Mrs. FEINSTEIN submitted an bill S. 1639, supra; which was ordered to lie through 2013) and 112,000 (for fiscal year 2014 amendment intended to be proposed to on the table. and each subsequent fiscal year)’’.

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8716 CONGRESSIONAL RECORD — SENATE June 28, 2007 SA 1981. Mrs. FEINSTEIN submitted amendment SA 1934 proposed by Mr. SA 1986. Mr. KENNEDY submitted an an amendment intended to be proposed REID (for Mr. KENNEDY (for himself and amendment intended to be proposed to to amendment SA 1934 proposed by Mr. Mr. SPECTER)) to the bill S. 1639, to amendment SA 1934 proposed by Mr. REID (for Mr. KENNEDY (for himself and provide for comprehensive immigration REID (for Mr. KENNEDY (for himself and Mr. SPECTER)) to the bill S. 1639, to reform and for other purposes, which Mr. SPECTER)) to the bill S. 1639, to provide for comprehensive immigration was ordered to lie on the table; as fol- provide for comprehensive immigration reform and for other purposes; which lows: reform and for other purposes; which was ordered to lie on the table; as fol- SEC. ll. RECLASSIFYING THE SPOUSES AND was ordered to lie on the table; as follows: MINOR CHILDREN OF LAWFUL PER- lows: MANENT RESIDENTS WHO FILED PE- At the end of division l, add the following: At the end of division XII, add the fol- TITIONS BEFORE JANUARY 1, 2007 AS SEC. ll. FAMILY-SPONSORED IMMIGRANTS. lowing: IMMEDIATE RELATIVES. SEC. ll. FAMILY-SPONSORED IMMIGRANTS. Section 201(b)(2) of the Immigration and Section 203(a)(2) of the Immigration and Section 203(a)(2) of the Immigration and Nationality Act, as amended by section Nationality Act, as amended by section 503(c)(2) of this Act, is further amended by Nationality Act, as amended by section 503(b)(1) of this Act, is further amended by striking ‘‘87,000’’ and inserting the following: 503(c)(2) of this Act, is further amended by inserting ‘‘,or a child or spouse of a lawful ‘‘137,000 (for each of the fiscal years 2008 striking ‘‘87,000’’ and inserting the following: permanent resident for whom a family-based through 2013) and 112,000 (for fiscal year 2014 ‘‘137,000 (for each of the fiscal years 2008 visa petition was filed on or before January and each subsequent fiscal year)’’. through 2013) and 112,000 (for fiscal year 2014 1, 2007,’’ after ‘‘United States’’. SEC. ll. NUMERICAL LIMITATIONS. and each subsequent fiscal year)’’. SEC. ll. PRECLUSION OF SOCIAL SECURITY CREDITS PRIOR TO ENUMERATION Section 214(g) of the Immigration and Na- SA 1982. Mrs. FEINSTEIN submitted OR FOR ANY PERIOD WITHOUT tionality Act, as amended by section 409 of an amendment intended to be proposed WORK AUTHORIZATION. this Act, is further amended— (1) in paragraph (1)(D)— to amendment SA 1934 proposed by Mr. (a) REPEAL.—Section 607 of this Act is repealed and the amendments made by such (A) in the matter preceding clause (i), by REID (for Mr. KENNEDY (for himself and section are null and void. striking ‘‘(II)’’; and Mr. SPECTER)) to the bill S. 1639, to (b) INSURED STATUS.—Section 214 of the So- (B) in clause (iii), by striking ‘‘200,000’’ and provide for comprehensive immigration cial Security Act (42 U.S.C. 414) is amended inserting ‘‘300,000’’; reform and for other purposes; which by adding at the end the following: (2) in paragraph (10), as redesignated by was ordered to lie on the table; as fol- ‘‘(d)(1) Except as provided in paragraph section 409(2) of this Act, by amending sub- lows: (2)— paragraph (A) to read as follows: ‘‘(A) no quarter of coverage shall be cred- ‘‘(A) Subject to subparagraphs (B) and (C), At the end of division XIII, add the fol- ited for purposes of this section if, with re- an alien who has already been counted to- lowing: spect to any individual who is assigned a so- ward the numerical limitation under para- SEC. ll. FAMILY-SPONSORED IMMIGRANTS. cial security account number on or after the graph (1)(D) during any 1 of the 3 fiscal years Section 203(a)(2) of the Immigration and date of enactment of the Secure Borders, immediately preceding the fiscal year of the Nationality Act, as amended by section Economic Opportunity and Immigration Re- approved start date of a petition for a non- 503(c)(2) of this Act, is further amended by form Act of 2007, such quarter of coverage is immigrant worker described in section striking ‘‘87,000’’ and inserting the following: earned prior to the year in which such social 101(a)(15)(H)(ii)(b) shall not be counted to- ‘‘137,000 (for each of the fiscal years 2008 security account number is assigned; and ward the limitations under clauses (i) and through 2013) and 112,000 (for fiscal year 2014 ‘‘(B) no quarter of coverage shall be cred- (ii) of paragraph (1)(D) for the fiscal year in and each subsequent fiscal year)’’. ited for purposes of this section for any cal- which the petition is approved. Such alien endar year, with respect to an individual shall be considered a returning worker.’’; and SA 1983. Mrs. FEINSTEIN submitted who is not a natural-born United States cit- (3) in paragraph (11), as redesignated by an amendment intended to be proposed izen, unless the Commissioner of Social Se- section 409(2) of this Act— to amendment SA 1934 proposed by Mr. curity determines, on the basis of informa- (A) by inserting ‘‘(A)’’ after ‘‘(11)’’; and tion provided to the Commissioner in accord- (B) by adding at the end the following: REID (for Mr. KENNEDY (for himself and ‘‘(B) The numerical limitations under para- ance with an agreement entered into under Mr. SPECTER)) to the bill S. 1639, to graph (1)(D) shall be allocated for each fiscal provide for comprehensive immigration subsection (e) or otherwise, that the indi- year to ensure that the total number of reform and for other purposes; which vidual was authorized to be employed in the aliens subject to such numerical limits who United States during such quarter. enter the United States pursuant to a visa or was ordered to lie on the table; as fol- ‘‘(2) Paragraph (1) shall not apply with re- lows: are accorded nonimmigrant status under sec- spect to any quarter of coverage earned by tion 101(a)(15)(Y)(ii) during the first 6 months At the end of division XXII, add the fol- an individual who, at such time such quarter of such fiscal year is not greater than 50 per- lowing: of coverage is earned, satisfies the criterion cent of the total number of such visas avail- SEC. ll. FAMILY-SPONSORED IMMIGRANTS. specified in subsection (c)(2). able for that fiscal year.’’. Section 203(a)(2) of the Immigration and ‘‘(e) Not later than 180 days after the date of the enactment of the Secure Borders, Eco- SEC. ll. PRECLUSION OF SOCIAL SECURITY Nationality Act, as amended by section CREDITS PRIOR TO ENUMERATION 503(c)(2) of this Act, is further amended by nomic Opportunity and Immigration Reform OR FOR ANY PERIOD WITHOUT striking ‘‘87,000’’ and inserting the following: Act of 2007, the Secretary of Homeland Secu- WORK AUTHORIZATION. ‘‘137,000 (for each of the fiscal years 2008 rity shall enter into an agreement with the (a) REPEAL.—Section 607 of this Act is re- through 2013) and 112,000 (for fiscal year 2014 Commissioner of Social Security to provide pealed and the amendments made by such and each subsequent fiscal year)’’. such information as the Commissioner deter- section are null and void. mines necessary to carry out the limitations (b) INSURED STATUS.—Section 214 of the So- SA 1984. Mrs. FEINSTEIN submitted on crediting quarters of coverage under sub- cial Security Act (42 U.S.C. 414) is amended an amendment intended to be proposed section (d). Nothing in this subsection may by adding at the end the following: be construed as establishing an effective ‘‘(d)(1) Except as provided in paragraph to amendment SA 1934 proposed by Mr. date for purposes of this section.’’. (2)— REID (for Mr. KENNEDY (for himself and (c) BENEFIT COMPUTATION.—Section 215(e) ‘‘(A) no quarter of coverage shall be cred- Mr. SPECTER)) to the bill S. 1639, to of such Act (42 U.S.C. 415(e)) is amended— ited for purposes of this section if, with re- provide for comprehensive immigration (1) by striking ‘‘and’’ at the end of para- spect to any individual who is assigned a so- reform and for other purposes; which graph (1); cial security account number on or after the was ordered to lie on the table; as fol- (2) by striking the period at the end of date of enactment of the Secure Borders, lows: paragraph (2) and inserting ‘‘; and’’; and Economic Opportunity and Immigration Re- (3) by adding at the end the following: form Act of 2007, such quarter of coverage is At the end of division XXVII, add the fol- ‘‘(3) in computing the average indexed earned prior to the year in which such social lowing: monthly earnings of an individual who is as- security account number is assigned; and SEC. ll. FAMILY-SPONSORED IMMIGRANTS. signed a social security account number on ‘‘(B) no quarter of coverage shall be cred- Section 203(a)(2) of the Immigration and or after the date of enactment of the Secure ited for purposes of this section for any cal- Nationality Act, as amended by section Borders, Economic Opportunity and Immi- endar year, with respect to an individual 503(c)(2) of this Act, is further amended by gration Reform Act of 2007, there shall not who is not a natural-born United States cit- striking ‘‘87,000’’ and inserting the following: be counted any wages or self-employment in- izen, unless the Commissioner of Social Se- ‘‘137,000 (for each of the fiscal years 2008 come for which no quarter of coverage may curity determines, on the basis of informa- through 2013) and 112,000 (for fiscal year 2014 be credited to such individual as a result of tion provided to the Commissioner in accord- and each subsequent fiscal year)’’. the application of section 214(d).’’. ance with an agreement entered into under (d) EFFECTIVE DATE.—The amendments subsection (e) or otherwise, that the indi- SA 1985. Mr. KENNEDY submitted an made by this section shall be effective as of vidual was authorized to be employed in the amendment intended to be proposed to the date of the enactment of this Act. United States during such quarter.

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 28, 2007 CONGRESSIONAL RECORD — SENATE S8717 ‘‘(2) Paragraph (1) shall not apply with re- year to ensure that the total number of At the end of the amendment, add the fol- spect to any quarter of coverage earned by aliens subject to such numerical limits who lowing: an individual who, at such time such quarter enter the United States pursuant to a visa or SEC. ll. PRECLUSION OF SOCIAL SECURITY of coverage is earned, satisfies the criterion are accorded nonimmigrant status under sec- CREDITS PRIOR TO ENUMERATION specified in subsection (c)(2). tion 101(a)(15)(Y)(ii) during the first 6 months OR FOR ANY PERIOD WITHOUT ‘‘(e) Not later than 180 days after the date of such fiscal year is not greater than 50 per- WORK AUTHORIZATION. of the enactment of the Secure Borders, Eco- cent of the total number of such visas avail- (a) REPEAL.—Section 607 of this Act is re- nomic Opportunity and Immigration Reform able for that fiscal year.’’. pealed and the amendments made by such Act of 2007, the Secretary of Homeland Secu- SEC. ll. PRECLUSION OF SOCIAL SECURITY section are null and void. rity shall enter into an agreement with the CREDITS PRIOR TO ENUMERATION (b) INSURED STATUS.—Section 214 of the So- Commissioner of Social Security to provide OR FOR ANY PERIOD WITHOUT cial Security Act (42 U.S.C. 414) is amended such information as the Commissioner deter- WORK AUTHORIZATION. by adding at the end the following: mines necessary to carry out the limitations (a) REPEAL.—Section 607 of this Act is re- on crediting quarters of coverage under sub- pealed and the amendments made by such ‘‘(d)(l) Except as provided in paragraph section (d). Nothing in this subsection may section are null and void. (2)— be construed as establishing an effective (b) INSURED STATUS.—Section 214 of the So- ‘‘(A) no quarter of coverage shall be cred- date for purposes of this section.’’. cial Security Act (42 U.S.C. 414) is amended ited for purposes of this section if, with re- (c) BENEFIT COMPUTATION.—Section 215(e) by adding at the end the following: spect to any individual who is assigned a so- of such Act (42 U.S.C. 415(e)) is amended— ‘‘(d)(1) Except as provided in paragraph cial security account number on or after the (1) by striking ‘‘and’’ at the end of para- (2)— date of enactment of the Secure Borders, graph (1); ‘‘(A) no quarter of coverage shall be cred- Economic Opportunity and Immigration Re- (2) by striking the period at the end of ited for purposes of this section if, with reform Act of 2007, such quarter of coverage is paragraph (2) and inserting ‘‘; and’’; and spect to any individual who is assigned a so- earned prior to the year in which such social (3) by adding at the end the following: cial security account number on or after the security account number is assigned; and ‘‘(3) in computing the average indexed date of enactment of the Secure Borders, ‘‘(B) no quarter of coverage shall be cred- monthly earnings of an individual who is as- Economic Opportunity and Immigration Re- ited for purposes of this section for any cal- signed a social security account number on form Act of 2007, such quarter of coverage is endar year, with respect to an individual or after the date of enactment of the Secure earned prior to the year in which such social who is not a natural-born United States cit- Borders, Economic Opportunity and Immi- security account number is assigned; and izen, if the Commissioner of Social Security gration Reform Act of 2007, there shall not ‘‘(B) no quarter of coverage shall be cred- determines, on the basis of information pro- be counted any wages or self-employment in- ited for purposes of this section for any cal- vided to the Commissioner in accordance come for which no quarter of coverage may endar year, with respect to an individual with an agreement entered into under sub- be credited to such individual as a result of who is not a natural-born United States cit- section (e) or otherwise, that the individual the application of section 214(d).’’. izen, unless the Commissioner of Social Se- was not authorized to be employed in the (d) EFFECTIVE DATE.—The amendments curity determines, on the basis of informa- United States during such quarter. tion provided to the Commissioner in accord- made by this section shall be effective as of ‘‘(2) Paragraph (1) shall not apply with re- the date of the enactment of this Act. ance with an agreement entered into under subsection (e) or otherwise, that the indi- spect to any quarter of coverage earned by an individual who, at such time such quarter SA 1987. Mr. KENNEDY submitted an vidual was authorized to be employed in the United States during such quarter. of coverage is earned, satisfies the criterion amendment intended to be proposed to specified in subsection (c)(2). amendment SA 1934 proposed by Mr. ‘‘(2) Paragraph (1) shall not apply with respect to any quarter of coverage earned by ‘‘(e) Not later than 180 days after the date REID (for Mr. KENNEDY (for himself and an individual who, at such time such quarter of the enactment of the Secure Borders, Eco- Mr. SPECTER)) to the bill S. 1639, to of coverage is earned, satisfies the criterion nomic Opportunity and Immigration Reform provide for comprehensive immigration specified in subsection (c)(2). Act of 2007, the Secretary of Homeland Secu- reform and for other purposes; which ‘‘(e) Not later than 180 days after the date rity shall enter into an agreement with the was ordered to lie on the table; as fol- of the enactment of the Secure Borders, Eco- Commissioner of Social Security to provide lows: nomic Opportunity and Immigration Reform such information as the Commissioner deter- Act of 2007, the Secretary of Homeland Secu- mines necessary to carry out the limitations At the end of division 11, add the following: rity shall enter into an agreement with the on crediting quarters of coverage under sub- SEC. ll. FAMILY-SPONSORED IMMIGRANTS. Commissioner of Social Security to provide section (d). Nothing in this subsection may Section 203(a)(2) of the Immigration and such information as the Commissioner deter- be construed as establishing an effective Nationality Act, as amended by section mines necessary to carry out the limitations date for purposes of this section.’’. 503(c)(2) of this Act, is further amended by on crediting quarters of coverage under sub- (c) BENEFIT COMPUTATION.—Section 215(e) striking ‘‘87,000’’ and inserting the following: section (d). Nothing in this subsection may of such Act (42 U.S.C. 415(e)) is amended— ‘‘137,000 (for each of the fiscal years 2008 be construed as establishing an effective through 2013) and 112,000 (for fiscal year 2014 (1) by striking ‘‘and’’ at the end of para- date for purposes of this section.’’. graph (1); and each subsequent fiscal year)’’. (c) BENEFIT COMPUTATION.—Section 215(e) (2) by striking the period at the end of SEC. ll. NUMERICAL LIMITATIONS. of such Act (42 U.S.C. 415(e)) is amended— paragraph (2) and inserting ‘‘; and’’; and Section 214(g) of the Immigration and Na- (1) by striking ‘‘and’’ at the end of para- tionality Act, as amended by section 409 of graph (1); (3) by adding at the end the following: this Act, is further amended— (2) by striking the period at the end of ‘‘(3) in computing the average indexed (1) in paragraph (1)(D)— paragraph (2) and inserting ‘‘; and’’; and monthly earnings of an individual who is as- (A) in the matter preceding clause (i), by (3) by adding at the end the following: signed a social security account number on striking ‘‘(II)’’; and ‘‘(3) in computing the average indexed or after the date of enactment of the Secure (B) in clause (iii), by striking ‘‘200,000’’ and monthly earnings of an individual who is as- Borders, Economic Opportunity and Immi- inserting ‘‘300,000’’; signed a social security account number on gration Reform Act of 2007, there shall not (2) in paragraph (10), as redesignated by or after the date of enactment of the Secure be counted any wages or self-employment in- section 409(2) of this Act, by amending sub- Borders, Economic Opportunity and Immi- come for which no quarter of coverage may paragraph (A) to read as follows: gration Reform Act of 2007, there shall not be credited to such individual as a result of ‘‘(A) Subject to subparagraphs (B) and (C), be counted any wages or self-employment in- the application of section 214(d).’’. an alien who has already been counted to- come for which no quarter of coverage may (d) EFFECTIVE DATE.—The amendments ward the numerical limitation under para- be credited to such individual as a result of made by this section shall be effective as of graph (1)(D) during any 1 of the 3 fiscal years the application of section 214(d).’’. the date of the enactment of this Act. immediately preceding the fiscal year of the (d) EFFECTIVE DATE.—The amendments approved start date of a petition for a non- made by this section shall be effective as of Mr. REID submitted an immigrant worker described in section the date of the enactment of this Act. SA 1989. 101(a)(15)(H)(ii)(b) shall not be counted to- amendment intended to be proposed to ward the limitations under clauses (i) and SA 1988. Mr. REID submitted an amendment SA 1934 proposed by Mr. (ii) of paragraph (1)(D) for the fiscal year in amendment intended to be proposed to REID (for Mr. KENNEDY (for himself and which the petition is approved. Such alien amendment SA 1934 proposed by Mr. Mr. SPECTER)) to the bill S. 1639, to shall be considered a returning worker.’’; and REID (for Mr. KENNEDY (for himself and provide for comprehensive immigration (3) in paragraph (11), as redesignated by Mr. SPECTER)) to the bill S. 1639, to reform and for other purposes; which section 409(2) of this Act— provide for comprehensive immigration was ordered to lie on the table; as fol- (A) by inserting ‘‘(A)’’ after ‘‘(11)’’; and lows: (B) by adding at the end the following: reform and for other purposes; which ‘‘(B) The numerical limitations under para- was ordered to lie on the table; as fol- At the end of the amendment, add the fol- graph (1)(D) shall be allocated for each fiscal lows: lowing:

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8718 CONGRESSIONAL RECORD — SENATE June 28, 2007 SEC. ll. RECLASSIFYING THE SPOUSES AND reform and for other purposes; which amendment SA 1934 proposed by Mr. MINOR CHILDREN OF LAWFUL PER- was ordered to lie on the table; as fol- REID (for Mr. KENNEDY (for himself and MANENT RESIDENTS WHO FILED PE- TITIONS BEFORE JANUARY 1, 2007 AS lows: Mr. SPECTER)) to the bill S. 1639, to IMMEDIATE RELATIVES. At the end of the amendment add the fol- provide for comprehensive immigration Section 201(b)(2) of the Immigration and lowing: reform and for other purposes; which Nationality Act, as amended by section This section shall take effect one day after was ordered to lie on the table; as fol- 503(b)(1) of this Act, is further amended by the date of enactment. lows: inserting ‘‘, or a child or spouse of a lawful permanent resident for whom a family-based Mr. REID submitted an At the end of the amendment add the fol- SA 1991. lowing: visa petition was filed on or before January amendment intended to be proposed to 1, 2007,’’ after ‘‘United States’’. This section shall take effect one day after amendment SA 1934 proposed by Mr. the date of enactment. SEC. ll. PRECLUSION OF SOCIAL SECURITY REID (for Mr. KENNEDY (for himself and CREDITS PRIOR TO ENUMERATION OR FOR ANY PERIOD WITHOUT Mr. SPECTER)) to the bill S. 1639, to SA 1997. Mr. REID submitted an WORK AUTHORIZATION. provide for comprehensive immigration amendment intended to be proposed to (a) REPEAL.—Section 607 of this Act is re- reform and for other purposes; which amendment SA 1934 proposed by Mr. pealed and the amendments made by such was ordered to lie on the table; as fol- REID (for Mr. KENNEDY (for himself and section are null and void. lows: Mr. SPECTER)) to the bill S. 1639, to (b) INSURED STATUS.—Section 214 of the So- cial Security Act (42 U.S.C. 414) is amended At the end of the amendment add the fol- provide for comprehensive immigration by adding at the end the following: lowing: reform and for other purposes; which ‘‘(d)(1) Except as provided in paragraph This section shall take effect one day after was ordered to lie on the table; as fol- (2)— the date of enactment. lows: ‘‘(A) no quarter of coverage shall be cred- At the end of the amendment add the fol- ited for purposes of this section if, with re- SA 1992. Mr. REID submitted an lowing: spect to any individual who is assigned a so- amendment intended to be proposed to This section shall take effect one day after cial security account number on or after the amendment SA 1934 proposed by Mr. the date of enactment. date of enactment of the Secure Borders, REID (for Mr. KENNEDY (for himself and Economic Opportunity and Immigration Re- Mr. SPECTER)) to the bill S. 1639, to SA 1998. Mr. REID submitted an form Act of 2007, such quarter of coverage is provide for comprehensive immigration amendment intended to be proposed to earned prior to the year in which such social security account number is assigned; and reform and for other purposes; which amendment SA 1934 proposed by Mr. ‘‘(B) no quarter of coverage shall be cred- was ordered to lie on the table; as fol- REID (for Mr. KENNEDY (for himself and ited for purposes of this section for any cal- lows: Mr. SPECTER)) to the bill S. 1639, to endar year, with respect to an individual At the end of the amendment add the fol- provide for comprehensive immigration who is not a natural-born United States cit- lowing: reform and for other purposes; which izen, if the Commissioner of Social Security This section shall take effect one day after was ordered to lie on the table; as fol- determines, on the basis of information pro- the date of enactment. lows: vided to the Commissioner in accordance At the end of the amendment add the fol- with an agreement entered into under sub- SA 1993. Mr. REID submitted an section (e) or otherwise, that the individual lowing: amendment intended to be proposed to This section shall take effect one day after was not authorized to be employed in the amendment SA 1934 proposed by Mr. United States during such quarter. the date of enactment. ‘‘(2) Paragraph (1) shall not apply with re- REID (for Mr. KENNEDY (for himself and spect to any quarter of coverage earned by Mr. SPECTER)) to the bill S. 1639, to SA 1999. Mr. REID submitted an an individual who, at such time such quarter provide for comprehensive immigration amendment intended to be proposed to of coverage is earned, satisfies the criterion reform and for other purposes; which amendment SA 1934 proposed by Mr. specified in subsection (c)(2). was ordered to lie on the table; as fol- REID (for Mr. KENNEDY (for himself and ‘‘(e) Not later than 180 days after the date lows: Mr. SPECTER)) to the bill S. 1639, to of the enactment of the Secure Borders, Eco- At the end of the amendment add the fol- provide for comprehensive immigration nomic Opportunity and Immigration Reform lowing: reform and for other purposes; which Act of 2007, the Secretary of Homeland Secu- This section shall take effect one day after rity shall enter into an agreement with the was ordered to lie on the table; as fol- the date of enactment. Commissioner of Social Security to provide lows: such information as the Commissioner deter- At the end of the amendment add the fol- mines necessary to carry out the limitations SA 1994. Mr. REID submitted an lowing: on crediting quarters of coverage under sub- amendment intended to be proposed to This section shall take effect one day after section (d). Nothing in this subsection may amendment SA 1934 proposed by Mr. the date of enactment. be construed as establishing an effective REID (for Mr. KENNEDY (for himself and date for purposes of this section.’’. Mr. SPECTER)) to the bill S. 1639, to SA 2000. Mr. NELSON of Florida sub- (c) BENEFIT COMPUTATION.—Section 215(e) provide for comprehensive immigration mitted an amendment intended to be of such Act (42 U.S.C. 415(e)) is amended— reform and for other purposes; which proposed by him to the bill H.R. 1585, (1) by striking ‘‘and’’ at the end of para- to authorize appropriations for fiscal graph (1); was ordered to lie on the table; as fol- (2) by striking the period at the end of lows: year 2008 for military activities of the paragraph (2) and inserting ‘‘; and’’; and At the end of the amendment add the fol- Department of Defense, for military (3) by adding at the end the following: lowing: construction, and for defense activities ‘‘(3) in computing the average indexed This section shall take effect one day after of the Department of Energy, to pre- monthly earnings of an individual who is as- the date of enactment. scribe military personnel strengths for signed a social security account number on such fiscal year, and for other pur- or after the date of enactment of the Secure SA 1995. Mr. REID submitted an poses; which was ordered to lie on the Borders, Economic Opportunity and Immi- amendment intended to be proposed to table; as follows: gration Reform Act of 2007, there shall not amendment SA 1934 proposed by Mr. be counted any wages or self-employment in- At the end of subtitle D of title VI, add the REID (for Mr. KENNEDY (for himself and come for which no quarter of coverage may following: be credited to such individual as a result of Mr. SPECTER)) to the bill S. 1639, to SEC. 656. REPEAL OF REQUIREMENT OF REDUC- the application of section 214(d).’’. provide for comprehensive immigration TION OF SURVIVOR BENEFIT PLAN (d) EFFECTIVE DATE.—The amendments reform and for other purposes; which SURVIVOR ANNUITIES BY DEPEND- made by this section shall be effective as of was ordered to lie on the table; as fol- ENCY AND INDEMNITY COMPENSA- TION. the date of the enactment of this Act. lows: (a) REPEAL.— At the end of the amendment add the fol- (1) IN GENERAL.—Subchapter II of chapter SA 1990. Mr. REID submitted an lowing: amendment intended to be proposed to 73 of title 10, United States Code, is amended This section shall take effect one day after as follows: amendment SA 1934 proposed by Mr. the date of enactment. (A) In section 1450, by striking subsection REID (for Mr. KENNEDY (for himself and (c). Mr. SPECTER)) to the bill S. 1639, to SA 1996. Mr. REID submitted an (B) In section 1451(c)— provide for comprehensive immigration amendment intended to be proposed to (i) by striking paragraph (2); and

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 28, 2007 CONGRESSIONAL RECORD — SENATE S8719 (ii) by redesignating paragraphs (3) and (4) NOTICE OF HEARINGS and the Arapaho National Recreation as paragraphs (2) and (3), respectively. COMMITTEE ON ENERGY AND NATURAL Area of the Arapaho National Forest in (2) CONFORMING AMENDMENTS.—Such sub- RESOURCES the State of Colorado; and S. 1728, to chapter is further amended as follows: amend the National Parks and Recre- (A) In section 1450— Mr. BINGAMAN. Mr. President, I (i) by striking subsection (e); and would like to announce for the infor- ation Act of 1978 to reauthorize the Na (ii) by striking subsection (k). mation of the Senate and the public Hoa Pili O Kaloko-Honokohau Advi- (B) In section 1451(g)(1), by striking sub- that an oversight hearing has been sory Commission Reauthorization Act paragraph (C). scheduled before the Committee on En- of 2007. (C) In section 1452— ergy and Natural Resources. Because of the limited time available (i) in subsection (f)(2), by striking ‘‘does The hearing will be held on Thurs- for the hearing, witnesses may testify not apply—’’ and all that follows and insert- day, July 12, 2007, at 9:30 a.m. in room by invitation only. However, those ing ‘‘does not apply in the case of a deduc- wishing to submit written testimony tion made through administrative error.’’; SD–366 of the Dirksen Senate Office Building. for the hearing record should send it to and the Committee on Energy and Natural (ii) by striking subsection (g). The purpose of this hearing is to con- (D) In section 1455(c), by striking ‘‘, sider the nominations of Clarence H. Resources, United States Senate, 1450(k)(2),’’. Albright, of South Carolina, to be Washington, DC 20510–6150, or by e-mail (b) PROHIBITION ON RETROACTIVE BENE- Under Secretary of Energy; Lisa E. to [email protected]. FITS.—No benefits may be paid to any person Epifani, of Texas, to be an Assistant gov. for any period before the effective date pro- Secretary of Energy for Congressional For further information, please con- vided under subsection (f) by reason of the and Intergovernmental Affairs; and, tact David Brooks at (202) 224–9863 or amendments made by subsection (a). James L. Caswell, of Idaho, to be Direc- Rachel Pasternack at (202) 224–0883. (c) PROHIBITION ON RECOUPMENT OF CERTAIN f AMOUNTS PREVIOUSLY REFUNDED TO SBP RE- tor of the Bureau of Land Management. CIPIENTS.—A surviving spouse who is or has Because of the limited time available AUTHORITY FOR COMMITTEES TO been in receipt of an annuity under the Sur- for the hearing, witnesses may testify MEET vivor Benefit Plan under subchapter II of by invitation only. However, those COMMITTEE ON COMMERCE, SCIENCE, AND chapter 73 of title 10, United States Code, wishing to submit written testimony TRANSPORTATION that is in effect before the effective date pro- for the hearing record should send two vided under subsection (f) and that is ad- Mrs. MCCASKILL. Mr. President, I copies of their testimony to the Com- ask unanimous consent that the Com- justed by reason of the amendments made by mittee on Energy and Natural Re- subsection (a) and who has received a refund mittee on Commerce, Science, and of retired pay under section 1450(e) of title sources, United States Senate, Wash- Transportation be authorized to hold a 10, United States Code, shall not be required ington, DC 20510–6150, or by e-mail to hearing during the session of the Sen- to repay such refund to the United States. [email protected]. ate on Thursday, June 28, 2007, at 10 (d) REPEAL OF AUTHORITY FOR OPTIONAL For further information, please con- a.m. in room 253 of the Russell Senate ANNUITY FOR DEPENDENT CHILDREN.—Section tact Sam Fowler at (202) 224–7571 or Office Building. 1448(d)(2) of such title is amended— Amanda Kelly at (202) 224–6836. The hearing will examine the Na- (1) by striking ‘‘DEPENDENT CHILDREN.—’’ COMMITTEE ON ENERGY AND NATURAL tional Oceanic and Atmospheric Ad- and all that follows through ‘‘In the case of RESOURCES a member described in paragraph (1),’’ and ministration’s existing programs, pro- Mr. BINGAMAN. Mr. President, I posed initiatives, and review the agen- inserting ‘‘DEPENDENT CHILDREN.—In the would like to announce for the infor- case of a member described in paragraph cy’s fiscal year 2008 budget request. (1),’’; and mation of the Senate and the public The PRESIDING OFFICER. Without (2) by striking subparagraph (B). that a hearing has been scheduled be- objection, it is so ordered. (e) RESTORATION OF ELIGIBILITY FOR PRE- fore Committee on Energy and Natural COMMITTEE ON ENVIRONMENT AND PUBLIC VIOUSLY ELIGIBLE SPOUSES.—The Secretary Resources Subcommittee on National WORKS of the military department concerned shall Parks. Mrs. MCCASKILL. Mr. President, I restore annuity eligibility to any eligible The hearing will be held on July 12, ask unanimous consent that the Com- surviving spouse who, in consultation with 2007, at 2:30 p.m., in room SD–366 of the mittee on Environment and Public the Secretary, previously elected to transfer Dirksen Senate Office Building. payment of such annuity to a surviving child Works be authorized to meet during The purpose of the hearing is to re- the session of the Senate on Thursday, or children under the provisions of section ceive testimony on the following bills: 1448(d)(2)(B) of title 10, United States Code, June 28, 2007, at 10 a.m. in room 406 of as in effect on the day before the effective S. 488 and H.R. 1100, to revise the the Dirksen Senate Office Building in date provided under subsection (f). Such eli- boundary of the Carl Sandburg Home order to conduct a hearing entitled, gibility shall be restored whether or not pay- National Historic Site in the State of ‘‘Examining Global Warming Issues in ment to such child or children subsequently North Carolina; S. 617, to make the Na- the Power Plant Sector. was terminated due to loss of dependent sta- tional Parks and Federal Recreational The PRESIDING OFFICER. Without tus or death. For the purposes of this sub- Lands Pass available at a discount to section, an eligible spouse includes a spouse objection, it is so ordered. certain veterans; S. 824 and H.R. 995, to COMMITTEE ON INDIAN AFFAIRS who was previously eligible for payment of amend Public Law 106–348 to extend the such annuity and is not remarried, or remar- Mrs. MCCASKILL. Mr. President, I ried after having attained age 55, or whose authorization for establishing a memo- ask unanimous consent that the Com- second or subsequent marriage has been ter- rial in the District of Columbia or its mittee on Indian Affairs be authorized minated by death, divorce or annulment. environs to honor veterans who became to meet on Thursday, June 28, 2007, at (f) EFFECTIVE DATE.—The sections and the disabled while serving in the Armed 9:30 a.m. in room 485 of the Russell amendments made by this section shall take Forces of the United States; S. 955, to Senate Office Building to conduct a effect on the later of— establish the Abraham Lincoln Na- (1) the first day of the first month that be- hearing on discussion draft legislation tional Heritage Area; S. 1148, to estab- regarding the regulation of Class III gins after the date of the enactment of this lish the Champlain Quadricentennial Act; or gaming. (2) the first day of the fiscal year that be- Commemoration Commission and the The PRESIDING OFFICER. Without gins in the calendar year in which this Act is Hudson-Fulton 400th Commemoration objection, it is so ordered. enacted. Commission; S. 1182, to amend the COMMITTEE ON THE JUDICIARY SEC. 657. EFFECTIVE DATE OF PAID-UP COV- Quinebaug and Shetucket Rivers Val- Mrs. MCCASKILL. Mr. President, I ERAGE UNDER SURVIVOR BENEFIT ley National Heritage Corridor Act of ask unanimous consent that the Com- PLAN. 1994 to increase the authorization of mittee on the Judiciary be authorized (a) SURVIVOR BENEFIT PLAN.—Section appropriations and modify the date on 1452(j) of title 10, United States Code, is to meet in order to conduct a markup which the authority of the Secretary of on Thursday, June 28, 2007, at 10 a.m. in amended by striking ‘‘October 1, 2008’’ and the Interior terminates under the act; inserting ‘‘October 1, 2007’’. Dirksen room 226. S. 1380, to designate as wilderness cer- (b) RETIRED SERVICEMAN’S FAMILY PROTEC- Agenda TION PLAN.—Section 1436a of such title is tain land within the Rocky Mountain amended by striking ‘‘October 1, 2008’’ and National Park and to adjust the bound- I. Bills: S. 1145, Patent Reform Act of inserting ‘‘October 1, 2007’’. aries of the Indian Peaks Wilderness 2007 (Leahy, Hatch, Schumer, Cornyn,

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8720 CONGRESSIONAL RECORD — SENATE June 28, 2007 Whitehouse) and S. 1060, Recidivism To be brigadier general IN THE AIR FORCE Reduction & Second Chance Act of 2007 Col. Rex C. McMillian, 0000 The following named officers for appoint- (Biden, Leahy, Brownback, Specter, IN THE NAVY ment in the United States Air Force to the Kennedy, Schumer, Whitehouse, Dur- The following named officer for appoint- grade indicated under title 10, U.S.C., section bin). ment in the United States Navy Reserve to 624: The PRESIDING OFFICER. Without the grade indicated under title 10, U.S.C., To be brigadier general objection, it is so ordered. section 12203: Colonel Mark A. Atkinson, 0000 To be rear admiral (lower half) Colonel Mark A. Barrett, 0000 SELECT COMMITTEE ON INTELLIGENCE Capt. Michael J. Browne, 0000 Colonel Brian T.Bishop, 0000 Mrs. MCCASKILL. Mr. President, I Colonel Michael R. Boera, 0000 The following named officer for appoint- ask unanimous consent that the Select Colonel Norman J. Brozenick, Jr., 0000 ment in the United States Navy Reserve to Committee on Intelligence be author- Colonel Cathy C. Clothier, 0000 the grade indicated under title 10, U.S.C., Colonel David A. Cotton, 0000 ized to meet during the session of the section 12203: Colonel Sharon K. G. Dunbar, 0000 Senate on June 28, 2007, at 2:30 p.m. to To be rear admiral (lower half) hold a closed hearing. Colonel Barbara J. Faulkenberry, 0000 Capt. Thomas F. Kendziorski, 0000 The PRESIDING OFFICER. Without Colonel Larry K. Grundhauser, 0000 Colonel Garrett Harencak, 0000 objection, it is so ordered. The following named officer for appointment in the United States Navy Reserve to Colonel James M. Holmes, 0000 SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- the grade indicated under title 10, U.S.C., Colonel Dave C. Howe, 0000 AGEMENT, GOVERNMENT INFORMATION, FED- section 12203: Colonel James J. Jones, 0000 ERAL SERVICES, AND INTERNATIONAL SECU- To be rear admiral (lower half) Colonel Michael A. Keltz, 0000 RITY Colonel Frederick H. Martin, 0000 Capt. Lothrop S. Little, 0000 Mrs. MCCASKILL. Mr. President, I Colonel Wendy M. Masiello, 0000 The following named officer for appoint- ask unanimous consent that the Com- Colonel Robert P. Otto, 0000 ment in the United States Navy Reserve to Colonel Leonard A. Patrick, 0000 mittee on Homeland Security and Gov- the grade indicated under title 10, U.S.C., ernmental Affairs’ Subcommittee on Colonel Bradley R. Pray, 0000 section 12203: Colonel Lori J. Robinson, 0000 Federal Financial Management, Gov- To be rear admiral (lower half) Colonel Anthony J. Rock, 0000 ernment Information, Federal Serv- Capt. Kenneth J. Braithwaite, 0000 Colonel Jay G. Santee, 0000 ices, and International Security be au- The following named officer for appoint- Colonel Rowayne A. Schatz, Jr., 0000 thorized to meet on Thursday, June 28, ment in the United States Navy Reserve to Colonel Steven J. Spano, 0000 2007, at 3 p.m. in order to conduct a the grade indicated under title 10, U.S.C., Colonel Thomas L. Tinsley, 0000 hearing entitled, ‘‘Financial Manage- section 12203: Colonel Jack Weinstein, 0000 ment Systems Modernization at the To be rear admiral (lower half) Colonel Stephen W. Wilson, 0000 Colonel Margaret H. Woodward, 0000 Department of Homeland Security: Are Capt. Joseph D. Stinson, 0000 IN THE ARMY Missed Opportunities Costing Us The following named officer for appoint- Money?’’ ment in the United States Navy Reserve to The following named officer for appoint- The PRESIDING OFFICER. Without the grade indicated under title 10, U.S.C., ment in the Reserve of the Army to the objection, it is so ordered. section 12203: grade indicated under title 10, U.S.C., section 12203: To be rear admiral (lower half) f To be brigadier general Capt. Jerry R. Kelley, 0000 EXECUTIVE SESSION Col. Michael D. Devine, 0000 The following named officer for appointment in the United States Navy Reserve to IN THE NAVY The following named officer for appoint- EXECUTIVE CALENDAR the grade indicated under title 10, U.S.C., section 12203: ment in the United States Navy to the grade Mr. REID. Mr. President, I ask unan- To be rear admiral (lower half) indicated under title 10, U.S.C., section 624: imous consent that the Senate proceed Capt. Cynthia A Dullea, 0000 To be rear admiral (lower half) to executive session to consider Execu- The following named officer for appoint- Capt. David W. Titley, 0000 tive Calendar Nos. 115, 153, 164, 166 ment in the United States Navy Reserve to The following named officer for appoint- through 205 and 207 through 229; and all the grade indicated under title 10, U.S.C., ment in the United States Navy to the grade nominations on the Secretary’s desk; section 12203: indicated under title 10, U.S.C., section 624: that the nominations be confirmed; the To be rear admiral (lower half) To be rear admiral (lower half) motions to reconsider be laid upon the Capt. Patricia E. Wolfe, 0000 Capt. Michael S. Rogers, 0000 table; the President be immediately The following named officers for appoint- The following named officer for appoint- notified of the Senate’s action and the ment in the United States Navy Reserve to ment in the United States Navy to the grade Senate then return to legislative ses- the grade indicated under title 10, U.S.C., indicated under title 10, U.S.C., section 624: sion. section 12203: To be rear admiral (lower half) The PRESIDING OFFICER. Without To be rear admiral (lower half) Capt. David A. Dunaway, 0000 objection, it is so ordered. Capt. Garry J. Bonelli, 0000 The following named officer for appoint- The nominations considered and con- Capt. Robin R. Braun, 0000 ment in the United States Navy to the grade firmed are as follows: Capt. Sandy L. Daniels, 0000 indicated under title 10, U.S.C., section 624: Capt. Scott E. Sanders, 0000 OFFICE OF PERSONNEL MANAGEMENT To be rear admiral (lower half) Capt. Robert O. Wray, Jr., 0000 Capt. Samuel J. Cox, 0000 Howard Charles Weizmann, of Maryland, to The following named officer for appoint- be Deputy Director of the Office of Personnel ment in the United States Navy Reserve to The following named officer for appoint- Management. the grade indicated under title 10, U.S.C., ment in the United States Navy to the grade EXPORT-IMPORT BANK OF THE UNITED STATES section 12203: indicated under title 10, U.S.C., section 624: Michael W. Tankersley, of Texas, to be In- To be rear admiral To be rear admiral (lower half) spector General, Export-Import Bank. Rear Adm. (lh) Gregory A Timberlake, 0000 Capt. David G. Simpson, 0000 IN THE NAVY The following named officer for appoint- The following named officer for appoint- The following named officer for appointment in the United States Navy Reserve to ment in the United States Navy to the grade ment in the United States Navy to the grade the grade indicated under title 10, U.S.C., indicated under title 10, U.S.C., section 624: indicated while assigned to a position of im- section 12203: To be rear admiral portance and responsibility under title 10, To be rear admiral Rear Adm. (lh) Edward H. Deets, III, 0000 U.S.C., section 601: Rear Adm. (lh) Albert Garcia, III, 0000 The following named officer for appoint- To be admiral The following named officer for appointment in the United States Navy to the grade Vice Adm. Eric T. Olson, 0000 ment in the United States Navy to the grade indicated under title 10, U.S.C., section 624: IN THE MARINE CORPS indicated while assigned to a position of im- To be rear admiral The following named officer for appoint- portance and responsibility under title 10, Rear Adm. (lh) Jeffrey A. Wieringa, 0000 ment in the United States Marine Corps Re- U.S.C., section 601: The following named officers for appoint- serve to the grade indicated under title 10, To be vice admiral ment in the United States Navy to the grade U.S.C., section 12203: Rear Adm. Anthony L. Winns, 0000 indicated under title 10, U.S.C., section 624:

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 28, 2007 CONGRESSIONAL RECORD — SENATE S8721 To be rear admiral indicated while assigned to a position of im- Brigadier General William M. Schuessler, Rear Adm. (lh) Charles H. Goddard, 0000 portance and responsibility under title 10, 0000 Rear Adm. (lh) Kevin M. McCoy, 0000 U.S.C., section 601: Brigadier General Haywood R. Starling, Jr., The following named officers for appoint- To be lieutenant general Brigadier General Raymond L. Webster, 0000 ment in the United States Navy to the grade Maj. Gen. Francis H. Kearney, III, 0000 To be brigadier general indicated under title 10, U.S.C., section 624: The following Army National Guard of the Colonel Maurice T. Brock, 0000 To be rear admiral (lower half) United States officers for appointment in the Colonel Jim C. Chow, 0000 Capt. Terry J. Benedict, 0000 Reserve of the Army to the grade indicated Colonel Michael G. Colangelo, 0000 Capt. Michael E. McMahon, 0000 under title 10, U.S.C., section 12203: Colonel Barry K. Coin, 0000 Colonel Steven A. Cray, 0000 IN THE MARINE CORPS To be brigadier general Colonel James D. Demeritt, 0000 The following named officer for appoint- Col. Jonathan E. Farnham, 0000 Colonel Matthew J. Dzialo, 0000 ment in the United States Marine Corps to Col. Hugo E. Salazar, 0000 Colonel Trulan A. Eyre, 0000 the grade indicated under title 10, U.S.C., IN THE NAVY Colonel Jon F. Fago, 0000 section 624: The following named officer for appoint- Colonel William S. Hadaway, III, 0000 To be brigadier general ment in the United States Naval Reserve to Colonel Samuel C. Heady, 0000 Col. Kenneth F. McKenzie, Jr., 0000 the grade indicated under title 10, U.S.C., Colonel John P. Hughes, 0000 IN THE ARMY section 12203: Colonel Mark R. Johnson, 0000 The following named officer for appoint- To be rear admiral Colonel Patrick L. Martin, 0000 Colonel Richard A Mitchell, 0000 ment in the United States Army to the grade Rear Adm. (lh) Carol M. Pottenger, 0000 indicated while assigned to a position of im- Colonel John F. Nichols, 0000 The following named officer for appoint- portance and responsibility under title 10, Colonel Grady L. Patterson, III, 0000 ment in the United States Navy to the grade U.S.C., section 601: Colonel George E. Pigeon, 0000 indicated while assigned to a position of im- To be lieutenant general Colonel William N. Reddell, III, 0000 portance and responsibility under title 10, Colonel Harold E. Reed, 0000 Maj. Gen. Richard P. Zahner, 0000 U.S.G., section 601: Colonel Leon S. Rice, 0000 IN THE NAVY To be vice admiral Colonel Alphonse J. Stephenson, 0000 The following named officer for appoint- Rear Adm. (lh) Jeffrey A Wieringa, 0000 Colonel Eric W. Vollmecke, 0000 ment in the United States Navy to the grade Colonel Eric G. Weller, 0000 The following named officers for appoint- indicated while assigned to a position of im- ment in the United States Navy Reserve to IN THE ARMY portance and responsibility under title 10, the grade. indicated under title 10, U.S. C., U.S.C., section 601: The following named officer for appoint- section 12203: ment to the grade of lieutenant general in To be vice admiral To be rear admiral the United States Army while assigned to a Rear Adm. Joseph Maguire, 0000 Rear Adm. (lh) Jeffrey A Lemmons, 0000 position of importance and responsibility IN THE ARMY Rear Adm. (lh) Frank F. Rennie, IV, 0000 under title 10, U.S.C., section 601: The following Army National Guard of the Rear Adm. (lh) Robin M. Watters, 0000 To be lieutenant general United States officers for appointment in the IN THE AIR FORCE Maj. Gen. John D. Gardner, 0000 Reserve of the Army to the grades indicated under title 10, U.S.C., section 12203: The following named officer for appoint- DEPARTMENT OF STATE ment in the United States Air Force to the To be major general Reuben Jeffery III, of the District of Co- grade indicated under title 10, U.S. C., sec- lumbia, to be United States AJternate Gov- Brigadier General Augustus L. Collins, 0000 tion 8081: Brigadier General James B. Gaston, Jr., 0000 ernor of the International Bank for Recon- To be major general Brigadier General Joe L. Harkey, 0000 struction and Development for a term of five Brigadier General John S. Harrel, 0000 Brig. Gen. Garbeth S. Graham, 0000 years; United States Alternate Governor of Brigadier General Edward A. Leacock, 0000 IN THE ARMY the Inter-American Development Bank for a term of five years; United States Alternate Brigadier General Jose S. Mayorga, Jr., 0000 The following named officer for appoint- Governor of the African Development Bank Brigadier General King E. Sidwell, 0000 ment in the Reserve of the Army to the for a term of five years; United States Alter- Brigadier General Jon L. Trost, 0000 grade indicated under title 10, U.S.C., section nate Governor of the African Development To be brigadier general 12203: Fund; United States Alternate Governor of Colonel Robert K. Balster, 0000 To be brigadier general the Asian Development Bank; and United Colonel Julio R. Banez, 0000 Col. Jimmie J. Wells, 0000 States Alternate Governor of the European Colonel William A. Bankhead, Jr., 0000 IN THE MARINE CORPS Bank for Reconstruction and Development, Colonel Roosevelt Barfield, 0000 vice Josette Sheeran Shiner. Colonel Gregory W. Batts, 0000 The following ed officer for appointment to Colonel Thomas E. Beron, 0000 the grade of lieutenant general in the United DEPARTMENT OF STATE Colonel David L. Bowman, 0000 States Marine Corps while assigned to a posi- June Carter Perry, of the District of Co- Colonel George A. Brinegar, 0000 tion of importance and responsibility under lumbia, a Career Member of the Senior For- Colonel Jefferson S. Burton, 0000 title 10, U.S.C., section 601: eign Service, Class of Minister-Counselor, to Colonel Glenn H. Curtis, 0000 To be lieutenant general be Ambassador Extraordinary and Pleni- Colonel Larry W. Curtis, 0000 Lt. Gen. Emerson N. Gardner, Jr., 0000 potentiary of the United States of America Colonel Sandra W. Dittig, 0000 to the Republic of Sierra Leone. IN THE NAVY Colonel Alan S. Dohrmann, 0000 Wanda L. Nesbitt, of Pennsylvania, a Ca- Colonel Alexander E. Duckworth, 0000 The following named officer for reer Member of the Senior Foreign Service, Colonel Frank W. Dulfer, 0000 appomtment in the United States Navy to Class of Minister-Counselor, to be Ambas- Colonel Robert W. Enzenauer, 0000 the grade indicated under title 10, U.S.C., sador Extraordinary and Plenipotentiary of Colonel Lynn D. Fisher, 0000 section 624: the United States of America to the Republic Colonel Burton K. Francisco, 0000 To be rear admiral of Cote D’Ivoire. Colonel Helen L. Gant, 0000 Rear Adm. (lh) Christine M. Bruzek-Kohler, Frederick B. Cook, of Florida, a Career Colonel Terry M. Haston, 0000 Member of the Senior Foreign Service, Class IN THE AIR FORCE Colonel Bryan J. Hult, 0000 of Minister-Counselor, to be Ambassador Ex- Colonel George E. Irvin, Sr., 0000 The following Air National Guard of the traordinary and Plenipotentiary of the Colonel Lenwood A. Landrum, 0000 United States officers for appointment in the United States of America to the Central Af- Colonel Roger L. McClellan, 0000 Reserve of the Air Force to the grades indi- rican Republic. Colonel Ronald O. Morrow, 0000 cated under title 10, U.S.C., section 12203: Robert B. Nolan, of Virginia, a Career Colonel John M. Nunn, 0000 To be major general Member of the Senior Foreign Service, Class Colonel Isaac G. Osborne, Jr., 0000 Brigadier General Michael D. Akey, 0000 of Minister-Counselor, to be Ambassador Ex- Colonel Robert J. Pratt, 0000 Brigadier General Michael G. Brandt, 0000 traordinary and Plenipotentiary of the Colonel Jerry E. Reeves, 0000 Brigadier General Richard H. Clevenger, 0000 United States of America to the Kingdom of Colonel Timothy A. Reisch, 0000 Brigadier General Cynthia N. Kirkland, 0000 Lesotho. Colonel James M. Robinson, 0000. Brigadier General Duane Lodrige, 0000 Maurice S. Parker, of California, a Career Colonel Mark D. Scraba, 0000 Brigadier General Patrick J. Moisio, 0000 Member of the Senior Foreign Service, Class Colonel Donald P. Walker, 0000 Brigadier General Charles A. Morgan, III, of Minister-Counselor, to be Ambassador Ex- Colonel Charles F. Walsh, 0000 0000 traordinary and Plenipotentiary of the The following named officer for appoint- Brigadier General Daniel B. O’Hollaren, 0000 United States of America to the Kingdom of ment in the United States Army to the grade Brigadier General Peter S. Pawling, 0000 Swaziland.

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William John Garvelink, of Michigan, a CORPORATION FOR NATIONAL AND COMMUNITY W. WOLKEN, which nominations were re- Career Member of the Senior Foreign Serv- SERVICE ceived by the Senate and appeared in the ice, Class of Minister-Counselor, to be Am- Richard Allan Hill, of Montana, to be a Congressional Record of June 4, 2007. bassador Extraordinary and Plenipotentiary Member of the Board of Directors of the Cor- PN667 ARMY nomination of Birget Batiste, of the United States of America to the poration for National and Community Serv- which was received by the Senate and ap- Democratic Republic of the Congo. ice for a term expiring June 10, 2009, vice peared in the Congressional Record of June William R. Brownfield, of Texas, a Career Juanita Sims Doty, term expired. 18, 2007. Member of the Senior Foreign Service, Class Stan Z. Soloway, of the District of Colum- PN668 ARMY nomination of James P. of Minister-Counselor, to be Ambassador Ex- bia, to be a Member of the Board of Directors Houston, which was received by the Senate traordinary and Plenipotentiary of the of the Corporation for National and Commu- and appeared in the Congressional Record of United States of America to the Republic of nity Service for a term expiring October 6, June 18, 2007. Colombia. 2011, vice Carol Kinsley, term expired. PN669 ARMY nomination of John C. Loose Peter Michael McKinley, of Virginia, a Ca- James Palmer, of California, to be a Mem- Jr., which was received by the Senate and reer Member of the Senior Foreign Service, ber of the Board of Directors of the Corpora- appeared in the Congressional Record of Class of Minister-Counselor, to be Ambas- tion for National and Community Service for June 18, 2007. sador Extraordinary and Plenipotentiary of a term expiring October 6, 2011, vice Donna PN670 ARMY nominations (2) beginning the United States of America to the Republic N. Williams, term expired. BRUCE BUBLICK, and ending JAMES MAD- of Peru. DEN, which nominations were received by NOMINATIONS PLACED ON THE SECRETARY’S Patrick Dennis Duddy, of Maine, a Career the Senate and appeared in the Congres- DESK Member of the Senior Foreign Service, Class sional Record of June 18, 2007. of Minister-Counselor, to be Ambassador Ex- IN THE AIR FORCE PN671 ARMY nominations (2) beginning traordinary and Plenipotentiary of the PN167 AIR FORCE nominations (21) begin- JACKIE L. BYAS, and ending WILLIAM R. United States of America to the Bolivarian ning RICHARD G. ANDERSON, and ending CLARK, which nominations were received by Republic of Venezuela. MITCHELL ZYGADLO, which nominations the Senate and appeared in the Congres- Anne Woods Patterson, of Virginia, a Ca- were received by the Senate and appeared in sional Record of June 18, 2007. reer Member of the Senior Foreign Service, the Congressional Record of January 11, 2007. PN672 ARMY nominations (3) beginning Class of Career Minister, to be Ambassador PN373 AIR FORCE nominations (1250) be- JEFFREY R. KEIM, and ending STAN Extraordinary and Plenipotentiary of the ginning CHRISTOPHER R. ABRAMSON, and ROWICKI, which nominations were received United States of America to the Islamic Re- ending ANNAMARIE ZURLINDEN, which by the Senate and appeared in the Congres- public of Pakistan. nominations were received by the Senate and sional Record of June 18, 2007. Nancy J. Powell, of Iowa, a Career Member appeared in the Congressional Record of PN673 ARMY nominations (9) beginning of the Senior Foreign Service, Class of Ca- March 19, 2007. PHILIP A HORTON, and ending PATRICIA reer Minister, to be Ambassador Extraor- PN665 AIR FORCE nominations (2) begin- YOUNG, which nominations were received by dinary and Plenipotentiary of the United ning ALICE A. HALE, and ending NATALIE the Senate and appeared in the Congres- States of America to Nepal. A. JAGIELLA, which nominations were re- sional Record of June 18, 2007. Joseph Adam Ereli, of the District of Co- ceived by the Senate and appeared in the PN674 ARMY nominations (3) beginning lumbia, a Career Member of the Senior For- Congressional Record of June 18, 2007. BERNADINE F. PELETZFOX, and ending eign Service, Class of Counselor, to be Am- PN666 AIR FORCE nominations (6) begin- SUSAN P. STATTMILLER, which nomina- bassador Extraordinary and Plenipotentiary ning ANNE M. BEAUDOIN, and ending tions were received by the Senate and ap- of the United States of America to the King- JUSTINA U. PAULINO, which nominations peared in the Congressional Record of June dom of Bahrain. were received by the Senate and appeared in 18, 2007. Richard Boyce Norland, of Iowa, a Career the Congressional Record of June 18, 2007. PN675 ARMY nominations (16) beginning Member of the Senior Foreign Service, Class IN THE ARMY JEFFERY H. ALLEN, and ending BOBBY C. of Counselor, to be Ambassador Extraor- THORNTON, which nominations were re- PN202 ARMY nominations (78) beginning dinary and Plenipotentiary of the United ceived by the Senate and appeared in the ERIC D. ADAMS, and ending DAVID S. States of America to the Republic of Uzbek- Congressional Record of June 18, 2007. ZUMBRO, which nominations were received istan. PN676 ARMY nominations (4) beginning by the Senate and appeared in the Congres- Stephen A. Seche, of Virginia, a Career DIRK R. KLOSS, and ending MARK C. sional Record of January 18, 2007. Member of the Senior Foreign Service, Class STRONG, which nominations were received PN203 ARMY nominations (34) beginning of Minister-Counselor, to be Ambassador Ex- by the Senate and appeared in the Congres- JEFFREY S. ALMONY, and ending DANIEL traordinary and Plenipotentiary of the sional Record of June 18, 2007. A. ZELESKI, which nominations were re- United States of America to the Republic of PN677 ARMY nominations (173) beginning ceived by the Senate and appeared in the Yemen. DAVID M. GRIFFITH, and ending BRIAN N. Congressional Record of January 18, 2007. John L. Withers II, of Maryland, a Career WITCHER, which nominations were received PN585 ARMY nomination of Kenneth C. Member of the Senior Foreign Service, Class by the Senate and appeared in the Congres- Simpkiss, which was received by the Senate of Counselor, to be Ambassador Extraor- sional Record of June 18, 2007. and appeared in the Congressional Record of dinary and Plenipotentiary of the United May 21, 2007. IN THE FOREIGN SERVICE States of America to the Republic of Alba- PN586 ARMY nominations (2) beginning PN523 FOREIGN SERVICE nominations (8) nia. ANTHONY G. HOFFMAN, and ending PA- beginning John E. Peters, and ending An- Charles Lewis English, of New York, a Ca- TRICIA L. WOOD, which nominations were drew P. Wylegala, which nominations were reer Member of the Senior Foreign Service, received by the Senate and ap’peared in the received by the Senate and appeared in the Class of Minister-Counselor, to be Ambas- Congressional Record of May 21, 2007. Congressional Record of May 7, 2007. sador Extraordinary and Plenipotentiary of PN587 ARMY nominations (3) beginning PN594 FOREIGN SERVICE nominations (4) the United States of America to Bosnia and ROY V. MCCARTY, and ending HUNG Q. VU, beginning Daniel K. Berman, and ending Herzegovina. which nominations were received by the Sen- Scott S. Sindelar, which nominations were Cameron Munter, of California, a Career ate and appeared in the Congressional received by the Senate and appeared in the Member of the Senior Foreign Service, Class Record of May 21, 2007. Congressional Record of May 22, 2007. of Counselor, to be Ambassador Extraor- PN624 ARMY nomination of Karen L. PN595 FOREIGN SERVICE nominations dinary and Plenipotentiary of the United Ware, which was received by the Senate and (317) beginning Linda Thompson Topping States of America to the Republic of Serbia. appeared in the Congressional Record of Gonzalez, and ending Karen Sliter, which Roderick W. Moore, of Rhode Island, a Ca- June 4, 2007. nominations were received by the Senate and reer Member of the Senior Foreign Service, PN625 ARMY nomination of Jeanetta Cor- appeared in the Congressional Record of May Class of Counselor, to be Ambassador Ex- coran, which was received by the Senate and 22, 2007. traordinary and Plenipotentiary of the appeared in the Congressional Record of United States of America to the Republic of IN THE MARINE CORPS June 4, 2007. Montenegro. PN588 MARINE CORPS nominations (14) PN626 ARMY nominations (4) beginning J. Christian Kennedy, of Indiana, a Career beginning ERIC M. ARBOGAST, and ending RICHARD L. KLINGLER, and ending CAR- Member of the Senior Foreign Service, Class JAMES L. WETZEL IV, which nominations LOS M. GARCIA, which nominations were of Counselor, for the rank of Ambassador were received by the Senate and appeared in received by the Senate and appeared in the during his tenure of service as Special Envoy the Congressional Record of May 21, 2007. Congressional Record of June 4, 2007. for Holocaust Issues. PN627 ARMY nominations (20) beginning IN THE NAVY INTER-AMERICAN FOUNDATION DEEPTI S. CHITNIS, and ending GIA K. YI, PN503 NAVY nomination of Michael R. Hector E. Morales, of Texas, to be a Mem- which nominations were received by the Sen- Murray, which was received by the Senate ber of the Board of Directors of the Inter- ate and appeared in the Congressional and appeared in the Congressional Record of American Foundation for a term expiring Record of June 4, 2007. May 3, 2007. September 20, 2010, vice Jose A. Fourquet, re- PN629 ARMY nominations (154) beginning PN504 NAVY nomination of Curt W. signed. JACOB W. AARONSON, and ending DAVID Dodges, which was received by the Senate

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 28, 2007 CONGRESSIONAL RECORD — SENATE S8723 and appeared in the Congressional Record of by the Senate and appeared in the Congres- LEY S. TROTTER, which nominations were May 3, 2007. sional Record of May 9, 2007. received by the Senate and appeared in the PN505 NAVY nomination of Michael L. PN541 NAVY nominations (8) beginning Congressional Record of June 4, 2007. Incze, which was received by the Senate and RICHARD K. GIROUX, and ending DENISE PN636 NAVY nominations (13) beginning appeared in the Congressional Record of May E. STICH, which nominations were received NORMAN J. ARANDA, and ending SARAH 3, 2007. by the Senate and appeared in the Congres- E. SUPNICK, which nominations were re- PN506 NAVY nomination of Sandra C. sional Record of May 9, 2007. ceived by the Senate and appeared in the Irwin, which was received by the Senate and PN542 NAVY nominations (15) beginning Congressional Record of June 4, 2007. appeared in the Congressional Record of May MARK A. ADMIRAL, and ending DANIEL F. PN637 NAVY nominations (8) beginning 3, 2007. VERHEUL, which nominations were received PATRICIA A. BRADY, and ending MELVIN PN507 NAVY nominations (3) beginning by the Senate and appeared in the Congres- D. SMITH, which nominations were received WILLIAM R. FENICK, and ending ISAAC N. sional Record of May 9, 2007. by the Senate and appeared in the Congres- SKELTON, which nominations were received PN543 NAVY nominations (21) beginning sional Record of June 4, 2007. by the Senate and appeared in the Congres- MICHAEL D. ANDERSON, and ending PN638 NAVY nominations (8) beginning sional Record of May 3, 2007. BRUCE C. URBON, which nominations were NATHAN L. AMMONS III, and ending DAN- PN508 NAVY nominations (5) beginning received by the Senate and appeared in the IEL W. STEHLY, which nominations were ROBERT B. CALDWELL JR., and ending Congressional Record of May 9, 2007. received by the Senate and appeared in the ELLEN E. MOORE, which nominations were PN544 NAVY nominations (12) beginning Congressional Record of June 4, 2007. received by the Senate and appeared in the SCOT K. ABEL, and ending LELAND D. PN678 NAVY nomination of Carlos E. Congressional Record of May 3, 2007. TAYLOR, which nominations were received Gomez-Sanchez, which was received by the PN509 NAVY nominations (6) beginning by the Senate and appeared in the Congres- Senate and appeared in the Congressional DAWN H. DRIESBACH, and ending GLENN sional Record of May 9, 2007. Record of June 18, 2007. PN545 NAVY nominations (11) beginning S. ROSEN, which nominations were received PN679 NAVY nominations (268) beginning MICHAEL J. CERNECK, and ending MI- by the Senate and appeared in the Congres- SCOTT F. ADAMS, and ending WILLIAM A. CHAEL L. PEOPLES, which nominations sional Record of May 3, 2007. ZIRZOW IV, which nominations were re- were received by the Senate and appeared in PN510 NAVY nominations (8) beginning ceived by the Senate and appeared in the the Congressional Record of May 9, 2007. NICHOLAS J. CIPRIANO III, and ending Congressional Record of June 18, 2007. STEPHEN C. WOLL, which nominations PN546 NAVY nominations (10) beginning were received by the Senate and appeared in JOHN W. CHANDLER, and ending JAMES A. f the Congressional Record of May 3, 2007. SULLIVAN, which nominations were re- LEGISLATIVE SESSION PN511 NAVY nominations (9) beginning ceived by the Senate and appeared in the RHETTA R. BAILEY, and ending KELLY J. Congressional Record of May 9, 2007. The PRESIDING OFFICER. Under WILD, which nominations were received by PN547 NAVY nominations (70) beginning the previous order, the Senate will re- the Senate and appeared in the Congres- ARNE J. ANDERSON, and ending KEVIN E. sume legislative session. ZAWACKI, which nominations were received sional Record of May 3, 2007. f PN512 NAVY nominations (9) beginning by the Senate and appeared in the Congres- JEFFREY S. COLE, and ending TIMOTHY J. sional Record of May 9, 2007. LOBBYING REFORM AND 9/11 WHITE, which nominations were received by PN548 NAVY nominations (29) beginning COMMISSION RECOMMENDATIONS LEIGH P. ACKART, and ending KURT E. the Senate and appeared in the Congres- Mr. REID. Mr. President, it goes sional Record of May 3, 2007. WAYMIRE, which nominations were received PN513 NAVY nominations (7) beginning by the Senate and appeared in the Congres- without saying I am disappointed that BRUCE A. BASSETT, and ending MICHAEL sional Record of May 9, 2007. the two issues we have had to do—so PN549 NAVY nominations (29) beginning A. YUKISH, which nominations were re- important—ethics and lobbying reform PIUS A. AIYELAWO, and ending PENNY E. ceived by the Senate and appeared in the and the 9/11 Commission recommenda- WALTER, which nominations were received Congressional Record of May 3, 2007. by the Senate and appeared in the Congres- tions implementation—that there have PN514 NAVY nominations (6) beginning sional Record of May 9, 2007. been objections. All kinds of reasons, JULIE S. CHALFANT, and ending PAUL J. PN550 NAVY nominations (19) beginning but it seems to me it is an effort that VANBENTHEM, which nominations were re- WENDY M. BORUSZEWSKI, and ending PA- is not in keeping with what is good for ceived by the Senate and appeared in the TRICIA A. TORDIK, which nominations were Congressional Record of May 3, 2007. our country. I accept what has hap- received by the Senate and appeared in the PN515 NAVY nominations (5) beginning pened, and we will be back tomorrow Congressional Record of May 9, 2007. with our request for the lobbying re- DANIEL J. MACDONNELL, and ending MI- PN551 NAVY nominations (19) beginning CHAEL J. WILKINS, which nominations CHERIE L. BARE, and ending KATHRYN A. form. were received by the Senate and appeared in SUMMERS, which nominations were re- Mr. SCHUMER. Mr. President, I the Congressional Record of May 3, 2007. ceived by the Senate and appeared in the would ask one thing of my colleagues. PN516 NAVY nominations (4) beginning Congressional Record of May 9, 2007. We wouldn’t want this—certainly, I HARRY S. DELOACH, and ending MARK Q. PN552 NAVY nominations (15) beginning wouldn’t, and I believe most of my col- SCHWARTZEL, which nominations were re- DARIUS BANAJI, and ending MICHAEL D. ceived by the Senate and app:ared in the leagues wouldn’t—want to let this bill WILLIAMSON, which nominations were re- be delayed because of the cuts of a Congressional Record of May 3, 2007. ceived by the Senate and appeared in the PN517 NAVY nominations (4) beginning Congressional Record of May 9, 2007. thousand deaths. We have dealt with KENNETH BRANHAM, and ending KEVIN J. PN630 NAVY nominations (2) beginning the first objection—TSA. We did some- MCGOVERN, which nominations were re- CHARLES S. CLECKLER, and ending PAT- thing many of us thought we shouldn’t ceived by the Senate and appeared in the RICK P. WHITSELL, which nominations do in an effort to move the bill for- Congressional Record of May 3, 2007. were received by the Senate and appeared in ward. The majority leader has said he PN518 NAVY nominations (3) beginning the Congressional Record of June 4, 2007. will deal with Senator COBURN’s objec- STEVEN P. CLANCY, and ending STEWART PN631 NAVY nominations (2) beginning B. WHARTON III, which nominations were RANDY L. QUINN, and ending SMITH S. B. tion. But if then tomorrow something received by the Senate and appeared in the WALL, which nominations were received by else comes down and they make an- Congressional Record of May 3, 2007. the Senate and appeared in the Congres- other objection and next week another PN519 NAVY nominations (13) beginning sional Record of June 4, 2007. objection and another objection, that JAMES A. ALBANI, and ending ROBERT R. PN632 NAVY nominations (21) beginning would not be fair. YOUNG, which nominations were received by DAVID A. ARZOUMAN, and ending GREGG So I would ask my colleagues, any- the Senate and appeared in the Congres- WOLFF, which nominations were received by one else who has objections, to bring sional Record of May 3, 2007. the Senate and appeared in the Congres- them forward tomorrow so maybe we PN520 NAVY nominations (30) beginning sional Record of June 4, 2007. PATRICK J. BARRETT, and ending JEAN- PN633 NAVY nominations (16) beginning can try to resolve them and move this NINE E. SNOW, which nominations were re- CHRISTINA M. ALVARADO, and ending bill forward. ceived by the Senate and appeared in the JOHN ZDENCANOVIC, which nominations f Congressional Record of May 3, 2007. were received by the Senate and appeared in PN521 NAVY nominations (31) beginning the Congressional Record of June 4, 2007. CONDITIONAL ADJOURNMENT OR BETH Y. AHERN, and ending DANIEL E. PN634 NAVY nominations (15) beginning RECESS OF THE HOUSE AND ZIMBEROFF, which nominations were re- KENNETH W. BOWMAN, and ending GARY SENATE ceived by the Senate and appeared in the L. ULRICH, which nominations were re- Mr. REID. Mr. President, I ask unan- Congressional Record of May 3, 2007. ceived by the Senate and appeared in the PN540 NAVY nominations (5) beginning Congressional Record of June 4, 2007. imous consent that the Senate proceed STEVEN D. BROWN, and ending MARK G. PN635 NAVY nominations (9) beginning to H. Con. Res. 179, the adjournment STEINER, which nominations were received HSINGCHIEN J. CHENG, and ending BRAD- resolution.

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY S8724 CONGRESSIONAL RECORD — SENATE June 28, 2007 The PRESIDING OFFICER. The The Andean Trade Preference Act The PRESIDING OFFICER. Without clerk will report the concurrent resolu- provides duty-free access to certain objection, it is so ordered. tion by title. products from Colombia, Peru, Ecua- The bill (H.R. 1830) was ordered to be The legislative clerk read as follows: dor, and Bolivia. These preferences en- read a third time, was read the third A concurrent resolution (H. Con. Res. 179) sure that hundreds of thousands of time, and passed. providing for a conditional adjournment of workers in these countries can find f the House of Representatives and a condi- legal and meaningful employment in tional recess or adjournment of the Senate. their own countries—workers who UNANIMOUS-CONSENT There being no objection, the Senate might otherwise find jobs in coca fields AGREEMENT—H.R. 1585 proceeded to consider the resolution. or in other illicit industries. By doing Mr. REID. I ask unanimous consent Mr. REID. Mr. President, I ask unan- so, the Andean trade preferences enable the cloture motion on the motion to imous consent that the concurrent res- the United States to continue to pro- proceed to H.R. 1585 be withdrawn, that olution be agreed to and the motion to mote economic and political stability the motion to proceed be agreed to, and reconsider be laid upon the table. in a key region of Latin America. the Senate resume consideration of the The PRESIDING OFFICER. Without ATPA and other preference programs bill on Monday, July 9, after the con- objection, it is so ordered. are not a one-way street. I hear repeat- clusion of morning business. The concurrent resolution (H. Con. edly from American businesses and Res. 179) was agreed to, as follows: The PRESIDING OFFICER. Without consumers how these preference pro- objection, it is so ordered. H. CON. RES. 179 grams benefit the United States. Spe- Mr. REID. Mr. President, this is the Resolved by the House of Representatives (the cifically, ATPA provides numerous Defense authorization bill. I hope there Senate concurring), That when the House ad- U.S. companies with a source of high- journs on the legislative day of Thursday, will be a little conversation about this June 28, 2007, or Friday, June 29, 2007, on a quality, duty-free inputs for their prod- tomorrow. This will get us back and fo- motion offered pursuant to this concurrent ucts. American companies then pass cusing on the intractable war that is resolution by its Majority Leader or his des- these benefits on to American con- taking place in Iraq. ignee, it stand adjourned until 2 p.m. on sumers in the form of lower costs and I made a call a day or two ago to Tuesday, July 10, 2007, or until the time of greater product diversity. speak to Keith Modgling, the father of any reassembly pursuant to section 2 of this While I welcome this extension, I do Josh. He just turned 22. He was in Iraq concurrent resolution, whichever occurs not wish to minimize legitimate con- first; and that when the Senate recesses or for less than a month. He was killed. cerns that some of my colleagues have We are going to refocus on this. It is adjourns on Friday, June 29, 2007, Saturday, about the program, especially those re- June 30, 2007, Sunday, July 1, 2007, or Mon- important we do that. lating to protection of U.S. invest- day, July 2, 2007, on a motion offered pursu- f ant to this concurrent resolution by its Ma- ment. ATPA provides a framework for jority Leader or his designee, it stand re- addressing these concerns and finding ORDERS FOR FRIDAY, JUNE 29, 2007 cessed or adjourned until noon on Monday, the solutions. To benefit from these Mr. REID. Mr. President, I ask unan- July 9, 2007, or such other time on that day preferences, beneficiary countries must imous consent that when the Senate as may be specified by its Majority Leader or protect foreign investment. They must his designee in the motion to recess or ad- completes its business today, it stand afford worker rights. They must uphold adjourned until 9:45 a.m. Friday, June journ, or until the time of any reassembly key intellectual property rights. And pursuant to section 2 of this concurrent reso- 29. On Friday, following the prayer and lution, whichever occurs first. they must meet counternarcotics re- pledge, the Journal of proceedings be SEC. 2. The Speaker of the House and the quirements. Because of these provi- approved to date, the morning hour be Majority Leader of the Senate, or their re- sions, ATPA is one of the best diplo- deemed expired, and the time for the spective designees, acting jointly after con- matic tools America has in Latin sultation with the Minority Leader of the two leaders be reserved for their use America. later in the day; that there then be a House and the Minority Leader of the Sen- Today we took an important step in period for morning business with Sen- ate, shall notify the Members of the House passing an 8-month extension of ATPA. ators permitted to speak for up to 10 and the Senate, respectively, to reassemble But 8 months is not a lasting solution. at such place and time as they may des- minutes each. Rather, it is a stepping stone toward a ignate if, in their opinion, the public interest The PRESIDING OFFICER. Without possible longer term extension for shall warrant it. objection, it is so ordered. f ATPA beneficiaries, as circumstances warrant. Eight months from now, some f EXTENDING THE AUTHORITIES OF countries may still need these pref- THE ANDEAN TRADE PREF- ADJOURNMENT UNTIL 9:45 A.M. erences; others may not. During the TOMORROW ERENCE ACT time, I will closely monitor whether Mr. REID. I ask unanimous consent ATPA beneficiary countries live up to Mr. REID. If there is no further busi- the Senate proceed to H.R. 1830. their end of the bargain and abide by ness to come before the Senate, I ask The PRESIDING OFFICER. The the requirements of the program. If unanimous consent that the Senate clerk will report. they do, I will work hard to secure a stand adjourned under the previous The assistant legislative clerk read longer extension. The United States order. as follows: and the Andean region will be better There being no objection, the Senate, A bill (H.R. 1830) to extend the authorities for it. at 7:04 p.m., adjourned until Friday, of the Andean Trade Preference Act until Mr. REID. Mr. President, before I ask June 29, 2007, at 9:45 a.m. February 29, 2008. this be completed, I am glad this is f There being no objection, the Senate being done. I am disappointed it is only NOMINATIONS proceeded to consider the bill. until the end of February. Mr. BAUCUS. Mr. President, today, I traveled to Bolivia, Peru, and Ecua- Executive nominations received by the Senate has taken an important dor. This is so important to those the Senate June 28, 2007: step in our relationship with Latin countries. I am glad we will get it ex- IN THE NAVY America. Following House action last tended. It would have expired at the THE FOLLOWING NAMED OFFICER FOR APPOINTMENT night, the Senate unanimously ap- end of this month. It will not expire AS THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF AND APPOINTMENT TO THE GRADE INDICATED WHILE AS- proved an 8-month extension of the An- now. I hope by next February we can SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- dean Trade Preference Act, ATPA. Our have a multiyear extension. I have spo- BILITY UNDER TITLE 10, U.S.C., SECTIONS 152 AND 601: action today prevents these key trade ken to Senators GRASSLEY and BAUCUS. To be admiral preferences from expiring abruptly this I hope that is the case. ADM. MICHAEL G. MULLEN, 0000 weekend. More importantly, it under- I ask unanimous consent the bill be IN THE MARINE CORPS scores the value that United States read three times and passed, the mo- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT places on strong economic engagement tion to reconsider be laid on the table, AS THE VICE CHAIRMAN OF THE JOINT CHIEFS OF STAFF with our partners in the Andean re- and any statements be printed in the AND APPOINTMENT TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPON- gion. RECORD. SIBILITY UNDER TITLE 10, U.S.C., SECTIONS 601 AND 154:

VerDate Mar 15 2010 22:29 Mar 13, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 9801 E:\2007SENATE\S28JN7.REC S28JN7 mmaher on DSKCGSP4G1 with SOCIALSECURITY June 28, 2007 CONGRESSIONAL RECORD — SENATE S8725 To be general THOMAS J. NIEBEL, 0000 DAVID C. SCHNEEBERGER, 0000 THOMAS P. ODONNELL, 0000 CHRISTOPHER H. SHARMAN, 0000 GEN. JAMES E. CARTWRIGHT, 0000 DAVID L. PAYNE, JR., 0000 STEVEN A. VOZZOLA, 0000 JEREMY A. PELSTRING, 0000 SCOTT R. WHALEY, 0000 EXECUTIVE OFFICE OF THE PRESIDENT PAUL H. PLATTSMIER, 0000 DARREN S. WILLIAMS, 0000 DONALD B. MARRON, OF MARYLAND, TO BE A MEMBER ROBERT W. ROSE, 0000 WILLIAM L. ROSENBERRY, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT OF THE COUNCIL OF ECONOMIC ADVISERS, VICE MAT- MICHAEL L. THOMPSON, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY THEW SLAUGHTER, RESIGNED. COLIN D. XANDER, 0000 UNDER TITLE 10, U.S.C., SECTION 624: DEPARTMENT OF THE INTERIOR THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be commander BRENT T. WAHLQUIST, OF PENNSYLVANIA, TO BE DI- TO THE GRADE INDICATED IN THE UNITED STATES NAVY CHRISTINA S. HAGEN, 0000 RECTOR OF THE OFFICE OF SURFACE MINING RECLAMA- UNDER TITLE 10, U.S.C., SECTION 624: CHRISTOPHER B. LOUNDERMON, 0000 TION AND ENFORCEMENT, VICE JEFFREY D. JARRETT. To be commander PATRICK W. MCNALLY, 0000 DEPARTMENT OF STATE SCOTT M. MILLER, 0000 SIMONIA R. BLASSINGAME, 0000 RON A. STEINER, 0000 CHRISTOPHER EGAN, OF MASSACHUSETTS, TO BE REP- MICHELLE D. CARTER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RESENTATIVE OF THE UNITED STATES OF AMERICA TO LYN Y. HAMMER, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY THE ORGANIZATION FOR ECONOMIC COOPERATION AND SHANE G. HARRIS, 0000 UNDER TITLE 10, U.S.C., SECTION 624: DEVELOPMENT, WITH THE RANK OF AMBASSADOR. RALITA S. HILDEBRAND, 0000 KATHLEEN A. KERRIGAN, 0000 To be commander DEPARTMENT OF JUSTICE SUSANNE M. MCNINCH, 0000 BRECKENRIDGE S. MORGAN, 0000 CHRISTOPHER J. ARENDS, 0000 REED VERNE HILLMAN, OF MASSACHUSETTS, TO BE MELANIE R. NORTON, 0000 ANTHONY W. COX, 0000 UNITED STATES MARSHAL FOR THE DISTRICT OF MAS- WISTAR L. RHODES, 0000 JOHN M. DAZIENS, 0000 SACHUSETTS FOR THE TERM OF FOUR YEARS, VICE AN- KATHRYN A. SCOTT, 0000 ANTHONY F. GILLESS, 0000 THONY DICHIO. MELISSA M. SHORT, 0000 GREGORY S. IRETON, 0000 IN THE AIR FORCE CHERYL R. STOLZE, 0000 JOSEPH S. MARTIN, 0000 MARY L. THOMPSON, 0000 SEAN P. MEMMEN, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DARRYL M. TOPPIN, 0000 CYNTHIA V. MORGAN, 0000 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- JASON L. WEBB, 0000 ELIZABETH R. SANABIA, 0000 CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE GREGORY J. SCHMEISER, 0000 AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT RONALD R. SHAW, JR., 0000 601: TO THE GRADE INDICATED IN THE UNITED STATES NAVY CHRISTOPHER J. STERBIS, 0000 UNDER TITLE 10, U.S.C., SECTION 624: To be lieutenant general ANGELA H. WALKER, 0000 To be commander KEITH E. WILLIAMS, 0000 LT. GEN. FRANK G. KLOTZ, 0000 JEFFREY A. BAYLESS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE NAVY VITTERIO J. CRISP, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY KENNETH F. ELKERN, JR., 0000 UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT GERRY M. FERNANDEZ, JR., 0000 To be commander TO THE GRADE INDICATED IN THE UNITED STATES NAVY MARY A. L. GIESE, 0000 UNDER TITLE 10, U.S.C., SECTION 624: ERIC R. JOHNSON, 0000 SARAH A. DACHOS, 0000 To be lieutenant commander MATTHEW R. LEAR, 0000 TERRENCE L. DUDLEY, 0000 TIMIKA B. LINDSAY, 0000 GLENN C. GODBEY, 0000 PETER J. OLDMIXON, 0000 TODD A. MAUERHAN, 0000 ROBERT H. PALM, JR., 0000 BRYAN S. MCROBERTS, 0000 RICHARD J. RYAN, 0000 THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- STEPHEN E. MILLS, 0000 RICHARD M. STACPOOLE, 0000 POINTMENT TO THE GRADES INDICATED IN THE UNITED DAVID W. SAMARA, 0000 ERIK J. STOHLMANN, 0000 STATES NAVY UNDER TITLE 10, U.S.C., SECTION 531: TRACY J. SHAY, 0000 ELIZABETH A. THOMAS, 0000 To be captain ROBERT R. STACHURA, 0000 PAULO B. VICENTE, 0000 BRITTON C. TALBERT, 0000 CLAY G. WILLIAMS, 0000 DAN L. AMMONS, 0000 ANDREW S. THAELER, 0000 RAMBERTO A. TORRUELLA, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be commander SCOTT A. WALKER, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION 624: KEVIN G. AANDAHL, 0000 MATTHEW H. WELSH, 0000 RAFAEL A. CABRERA, 0000 WARREN YU, 0000 To be commander ALFRED H. DUNN, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BENITO E. BAYLOSIS, 0000 KRISTINE A. KNUTSON, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY WILLIAM D. CARROLL, 0000 MARK L. KREUSER, 0000 UNDER TITLE 10, U.S.C., SECTION 624: JOHN D. GERKEN, 0000 MARK T. LAGIER, 0000 ANDREW S. GIBBONS, 0000 STEPHEN P. NIELSEN, 0000 To be commander LYNN A. GISH, 0000 MARK E. OLDFIELD, 0000 CHRIS D. AGAR, 0000 CHRISTOPHER J. HANSON, 0000 JACK D. POOLE II, 0000 JONATHAN J. BARTEL, 0000 WILLIAM L. HARDMAN, 0000 To be lieutenant commander BRYAN E. BRASWELL, 0000 JAY H. JOHNSON, 0000 TERRY B. CARWILE, 0000 JAMES A. KNOLL, 0000 DANIEL D. BROWN, 0000 ROBERT L. CHESSER, 0000 RYAN J. KUCHLER, 0000 SHAMUS R. CARR, 0000 MATTHEW A. DEAN, 0000 PATRICK B. LAFONTANT, 0000 SOPHIA E. DEBEN, 0000 MICHAEL L. DOUGLAS, 0000 JERRY W. LEGERE, 0000 ROBERT D. ECKER, 0000 WILLIAM J. EKBLAD, 0000 JOHN L. LOWERY, 0000 ALEXANDER N. EVANS, 0000 KAREN M. ERNEST, 0000 PETER M. LUDWIG, 0000 NATHANIAL FERNANDEZ, 0000 RICHARD G. FRODERMAN, 0000 HOWARD B. MARKLE, 0000 BRIAN P. FITZSIMMONS, 0000 TODD A. GAGNON, 0000 CHARLES R. MARSHALL, 0000 JOSE E. GOMEZ, 0000 AMY L. HALIN, 0000 STEPHEN R. MEADE, 0000 CHRISTIAN C. HALL, 0000 SEAN R. HERITAGE, 0000 MICHAEL A. PORTER, 0000 CLAYTON O. HILL, 0000 EVAN A. HIPSLEY, JR., 0000 GERALD R. PRENDERGAST, 0000 KARL C. KRONMANN, 0000 JOHN B. HUNTER, 0000 CHRISTOPHER G. RILEY, 0000 JAMES R. LEBAKKEN, 0000 JOEY J. JOHNSON, 0000 JOHN P. ROBINSON II, 0000 MENG G. LEE, 0000 CHARLES D. JONES, 0000 TIMOTHY C. SPICER, 0000 JORGE I. MADERAL, 0000 HANNELORE C. JONES, 0000 DOUGLAS L. SWISHER, 0000 DWAYNE A. MAULTSBY, 0000 WILLIAM A. LINTZ, 0000 MICHAEL E. TAYLOR, 0000 MICHAEL L. MCCLAM, 0000 PATRICK L. MALLORY, 0000 KAI O. TORKELSON, 0000 JOHN S. MOREE, 0000 ERLE MARION, 0000 JON E. WITHEE, 0000 ANTHONY F. PERREAULT, 0000 DANIEL J. MILLER, 0000 ANGELA M. POWELL, 0000 NEAL M. NOTTROTT, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LYNN J. PRIMEAUX, 0000 RODNEY R. PURIFOY, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY KELVIN L. REED, 0000 DOUGLAS R. SCHELB, 0000 UNDER TITLE 10, U.S.C., SECTION 624: ANTHONY I. RICCIO, 0000 TYRONE L. WARD, 0000 To be commander LAURA L. ROBERTS, 0000 MARIO A. ROSSI, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DOUGLAS S. BELVIN, 0000 SHANNON D. SCHANTZ, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY MATTHEW D. BOHLIN, 0000 PAIGE A. SHERMAN, 0000 UNDER TITLE 10, U.S.C., SECTION 624: THOMAS C. CECIL, 0000 ERIC D. SHIRLEY, 0000 To be commander STEVEN F. DESANTIS, 0000 PATRICK J. SNIEZEK, 0000 JUAN G. FERNANDEZ II, 0000 STEVEN D. THOMPSON, 0000 PAUL B. ANDERSON, 0000 ERIC J. HIGGINS, 0000 STEVEN A. TOENJES, 0000 JEFFERY D. BARNES, 0000 JOSEPH B. HORNBUCKLE, 0000 THOMAS E. VARNEY, 0000 ANTHONY T. BUTERA, 0000 MARK P. KEMPF, 0000 CURTIS J. WOODS, 0000 JOHN M. DAHM, 0000 JEFFERY T. KING, 0000 ROBERT D. WOODS, 0000 KENNETH D. DEHAN, 0000 SCOTT H. LEDIG, 0000 JENNIFER K. EAVES, 0000 ANDREW J. MCFARLAND, 0000 THE FOLLOWING NAMED OFFICERS FOR TEMPORARY MARK A. GERSCHOFFER, 0000 KURT W. MULLER, 0000 APPOINTMENT TO THE GRADE INDICATED IN THE JAMES M. GRIFFIN, 0000 GREGORY A. OUELLETTE, 0000 UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION JEREMY D. HAHN, 0000 DOUGLAS M. PHELAN, 0000 5721: MARY K. HALLERBERG, 0000 CHAD B. REED, 0000 To be lieutenant commander JOSHUA C. HIMES, 0000 JASON L. RIDER, 0000 JEFFREY T. HUBERT, 0000 WESLEY S. SANDERS, 0000 GILBERT AYAN, 0000 GRAHAM K. JACKSON, 0000 KYLE T. TURCO, 0000 ALEXANDER T. BAERG, 0000 DANIEL J. KENDA, 0000 HAROLD W. BOWMANTRAYFORD, 0000 SEAN R. KENTCH, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMES A. BROWN, 0000 MADELENE E. MEANS, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY MICHEL C. FALZONE, 0000 FREDERICK W. MOSENFELDER, 0000 UNDER TITLE 10, U.S.C., SECTION 624: THOMAS P. FLAHERTY II, 0000 KELLY S. NICHOLS, 0000 To be commander MICHAEL C. GRUBB, 0000 MATTHEW J. PAWLIKOWSKI, 0000 JEFFREY T. HOLDSWORTH, 0000 DANIEL J. PERRON, 0000 FITZGERALD BRITTON, 0000 JAMES E. MASON, 0000 MICHAEL S. PRATHER, 0000 RUSSELL J. DICKISON, 0000 ERNEST A. MATTA, 0000 CARRI A. ROBBINS, 0000 ELLEN M. EVANOFF, 0000

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BRYANT E. HEPSTALL, 0000 NATHAN P. BORCHERS, 0000 ROBERT J. FLYNN, 0000 CARL P. NOLTE, 0000 BRADLEY T. BORDEN, 0000 PATRICK V. FOEGE, 0000 NORMAN C. OWEN, 0000 JEFFREY S. BOROS, 0000 JOSEPH C. FORAKER III, 0000 NATHAN D. SCHNEIDER, 0000 JERRY R. BOSTER, 0000 RONALD A. FOY, 0000 ERIC J. SIMON, 0000 MICHAEL S. BOUCHER, 0000 MICHAEL G. FRANTZ, 0000 JOHN F. ZREMBSKI, 0000 LESLIE W. BOYER III, 0000 ERIK L. FRANZEN, 0000 CHRISTOPHER J. BOYLE, 0000 WARREN K. FRIDLEY, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT PETER C. BOZZO, 0000 THOMAS A. FROSCH, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY KEVIN M. BRAND, 0000 STEPHEN F. FULLER, 0000 UNDER TITLE 10, U.S.C., SECTION 624: JOHN P. BRAUN, 0000 WARDELL C. FULLER, 0000 To be commander NEIL M. BRENNAN, 0000 BRETT T. FULLERTON, 0000 PETER J. BREWSTER, 0000 DAVID O. GADDIS, 0000 WILLIAM L. ABBOTT, 0000 WILLIAM D. BREWSTER, JR., 0000 MICHAEL P. GALLAGHER, 0000 MARTIN A. ANDERSON, JR., 0000 PATRICK T. BRITT, 0000 JOHN N. GANDY, 0000 ARTHUR P. ARKO, 0000 BRIAN B. BRONK, 0000 BRADLEY R. GARBER, 0000 PETER J. BACHAND, 0000 JOHN E. BROTEMARKLE, 0000 JAMES P. GARDNER, 0000 NONITO V. BLAS, 0000 JAMES E. BROWN, 0000 JOHN A. GEARHART, 0000 BRIAN L. BODOH, 0000 ROBERT BROWN, 0000 BRIAN A. GEBO, 0000 ROGER J. BROUILLET, 0000 ANTHONY M. BRUCE, 0000 THOMAS W. GELKER, 0000 DENNIS L. CAMERON, 0000 THOMAS R. BUCHANAN, 0000 MARC A. GENUALDI, 0000 JERRY T. CHAPMON, 0000 MICHAEL P. BUCKLEY, 0000 MICHAEL J. GIANNETTI, 0000 QUIRION CHRISTIAN, 0000 WILLIAM A. BUCKNER, 0000 DANIEL J. GILLEN, 0000 JOHN F. DEDITIUS, 0000 ROSS S. BUDGE, 0000 DARREN W. GLASER, 0000 RICHARD C. DUNAWAY, 0000 NICHOLIE T. BUFKIN, 0000 LAWRENCE E. GONZALES, 0000 KEVIN L. ECKMANN, 0000 DWAYNE E. BURBRIDGE, 0000 ISSAC N. GONZALEZ, 0000 DION J. EDON, 0000 MICHAEL J. BURIANEK, 0000 KEITH H. GORDON, 0000 JOHN K. FERGUSON, 0000 VORRICE J. BURKS, 0000 MICHAEL J. GRABOWSKI, 0000 FARYLE G. FITCHUE, 0000 JOSEPH F. CAHILL III, 0000 GREGORY L. GRADY, 0000 CLAY K. GLASHEEN, 0000 MARK A. CALDERON, 0000 WAYNE G. GRASDOCK, 0000 MARC D. GREGORY, 0000 PAUL F. CAMPAGNA, 0000 ERIK W. GREVE, 0000 MARK A. HOCHSTETLER, 0000 KYLE R. CAMPBELL, 0000 EDWIN J. GROHE, JR., 0000 JEFFREY M. HORTON, 0000 RONNIE M. CANDILORO, 0000 GUSTAVO GUTIERREZ, 0000 DANNY J. JENSEN, 0000 JOHN E. CAPIZZI, 0000 GREGORY J. HACKER, 0000 WILLIAM R. JOHNSON, 0000 PAUL A. CARELLI, 0000 THOMAS D. HACKER, 0000 DONALD J. KOBIEC, 0000 JOHN G. CARPENTIER, 0000 LEONARD M. HAIDL, 0000 KELVIN M. LEWIS, 0000 CURTIS C. CARROLL, 0000 KAVON HAKIMZADEH, 0000 JOHN M. LOTH, 0000 DANIEL G. CASE, 0000 SEAN P. HALEY, 0000 SCOTT B. LYONS, 0000 CHRISTOPHER J. CASSIDY, 0000 DAVID B. HALLORAN, 0000 GARY D. MARTIN, 0000 CHRISTOPHER J. CAVANAUGH, 0000 JASON G. HAMMOND, 0000 SEAN M. MERSH, 0000 CHRISTOPHER A. CEGIELSKI, 0000 ROBERT G. HANNA III, 0000 MARK A. MESKIMEN, 0000 DAMIEN R. CHRISTOPHER, 0000 GERALD J. HANSEN, JR., 0000 JOHN B. MORRISON, 0000 MAXIMILIAN CLARK, 0000 KEVIN D. HARMS, 0000 MARK C. NISBETT, 0000 JEFFREY J. CLARKSON, 0000 MATTHEW J. HARRISON, 0000 SCOTT E. NORR, 0000 PHILLIP Z. CLAY, 0000 ROGER A. HARTMAN, 0000 VINCENT ORTIZ, 0000 BRYAN M. COCHRAN, 0000 JASPER C. HARTSFIELD, 0000 JEFFREY M. PAFFORD, 0000 BRETT W. COFFEY, 0000 MONTY L. HASENBANK, 0000 CHARLES M. PHILLIP, 0000 BRAD J. COLLINS, 0000 CHRISTOPHER D. HAYES, 0000 WILLIAM M. PRESCOTT, 0000 TIMOTHY M. COOPER, 0000 GREGORY T. HAYNES, 0000 THOMAS PRUSINOWSKI, 0000 FREDERICK D. COTTS, 0000 ALBON O. HEAD III, 0000 KEITH W. RANSOM, 0000 ROBERT COUGHLIN, 0000 KEVIN P. HEALY, 0000 JAMES D. RHOADS, 0000 WILLIAM T. COX, JR., 0000 WILLIAM A. HEARTHER, 0000 DANIEL M. ROSSLER, 0000 JEFFREY A. CRAIG, 0000 PHILLIP W. HEBERER, 0000 MICHAEL A. SCOTT, 0000 SCOTT P. CRAIG, 0000 STEVEN T. HEJMANOWSKI, 0000 GERALD A. SHEALEY, 0000 MICHAEL A. CRARY, 0000 SCOTT A. HENDRIX, 0000 RICHARD T. SHELAR, 0000 LINDA E. CRAUGH, 0000 GERALD C. HENNESSEY, JR., 0000 VINCENT S. SIEVERT, 0000 FREDERICK E. CRECELIUS, 0000 JOHN C. HENSEL II, 0000 SCOTT D. SILK, 0000 ROBERT D. CROXSON, 0000 GERALD R. HERMANN, 0000 CLETUS STRAUSBAUGH, 0000 BRETT E. CROZIER, 0000 CHARLES W. HEWGLEY IV, 0000 ROY A. TELLER, 0000 PAUL A. CRUMP, 0000 SEAN P. HIGGINS, 0000 ROBERT K. TUCKER, 0000 DAVID C. CULPEPPER, 0000 SEAN P. HIGGINS, 0000 JAMES P. TURNER, 0000 CORY L. CULVER, 0000 TIMOTHY M. HILL, 0000 TIMOTHY P. WADLEY, 0000 DONALD S. CUNNINGHAM, 0000 BERTRAM C. HODGE, 0000 DAVID S. WARNER, 0000 SCOTT B. CURTIS, 0000 DOYLE K. HODGES, 0000 CARVILLE C. WEBB, 0000 SEAN T. CUSHING, 0000 TODD A. HOFSTEDT, 0000 CHARLES W. WEBB, 0000 WILLIAM R. DALY, 0000 AARON M. HOLDAWAY, 0000 SHAWN T. WHALEN, 0000 RODNEY D. DANIELS, 0000 JOHN C. HOWARD, 0000 BARRY E. WISDOM, 0000 ANDREW D. DANKO, 0000 CORY R. HOWES, 0000 ALLEN W. WOOTEN, 0000 HILLARY A. B. DARBY, 0000 JOHN L. HOWLAND, 0000 TODD J. DARWIN, 0000 MICHAEL M. H. HSU, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT GEORGE A. DAVIS, 0000 MICHAEL L. HUDSON, 0000 TO THE GRADE INDICATED IN THE UNITED STATES NAVY STEPHEN C. DAVIS, 0000 SCOTT A. G. HUFF, 0000 UNDER TITLE 10, U.S.C., SECTION 624: TIMOTHY P. DAY, 0000 ANTONIO D. HULL, 0000 To be commander DENNIS A. DEBOBES, 0000 MICHAEL E. HUTCHENS, 0000 JEFFREY D. DEBRINE, 0000 JOSEPH A. HUTCHINSON, 0000 KEVIN T. AANESTAD, 0000 ROBERT K. DEBUSE, 0000 ADOLFO H. IBARRA, 0000 TODD A. ABRAHAMSON, 0000 ANTONIO DEFRIAS, JR., 0000 DAVID M. IVEZIC, 0000 DOUGLAS J. ADAMS, 0000 TERENCE P. DERMODY, 0000 JONATHAN L. JACKSON, 0000 GEORGE R. AGUILAR, 0000 BRIEN W. DICKSON, 0000 RONALD G. JACOBSON, 0000 ELLER V. AIELLO, 0000 MICHAEL R. DICKSON, 0000 DAVID G. JASSO, 0000 CHRISTOPHER D. ALEXANDER, 0000 RODRIGO M. DILL, 0000 ROBERT J. JEZEK, JR., 0000 KRISTINE E. ALEXANDER, 0000 THUY H. DO, 0000 BRYON K. JOHNSON, 0000 BENJAMIN J. ALLBRITTON, 0000 MICHAEL D. DOHERTY, 0000 HIRAM S. JOHNSON, 0000 GARY T. AMBROSE, 0000 PETER J. DONAHER III, 0000 MARK E. JOHNSON, 0000 ANDREW D. AMIDON, 0000 LEE A. DONALDSON, 0000 MICHAEL D. JOHNSON, 0000 MICHAEL T. AMOS, 0000 DONALD J. DONEGAN, 0000 ROBERT G. JOHNSON, 0000 MARK E. ANDERSON, 0000 JOHN W. DOOLITTLE, 0000 STEVIN S. JOHNSON, 0000 WAYNE W. ANDERSON, JR., 0000 DAVID H. DORN, 0000 WILLIAM JOHNSON, 0000 CHARLES H. ANDREWS, 0000 BRIAN P. DOUGLASS, 0000 ETTA C. JONES, 0000 FERNANDO J. ARGELES, 0000 GEORGE B. DOYON, JR., 0000 JEFFREY E. JONES, 0000 GEORGE R. ARNOLD II, 0000 JEFFREY J. DRAEGER, 0000 SPENCER C. JONES, 0000 MARK R. ASUNCION, 0000 RAYMOND R. DRAKE, 0000 KRISTIN M. JUNGBLUTH, 0000 THOMAS R. BAKER, 0000 SEAN M. DRUMHELLER, 0000 MARK W. KEKEISEN, 0000 THOMAS C. BALDWIN, 0000 CURTIS B. DUNCAN, 0000 STEPHEN A. KELLEY, 0000 THOMAS D. BARBER, 0000 NGAN H. DUONG, 0000 KEVIN M. KENNEDY, 0000 JOSEPH W. BARNES, 0000 BRYAN W. DURKEE, 0000 LAWRENCE H. KENNEDY, 0000 JOHN J. BARRY III, 0000 JARED V. EAST, 0000 ROBERT R. KENYON, 0000 TROY D. BAUDER, 0000 DAVID V. EDGARTON, 0000 GREGORY R. KERCHER, 0000 JAMES W. BEAVER, 0000 PETER S. EGELI, 0000 DAVID S. KERSEY, 0000 KEITH M. BECK, 0000 JEFFREY W. EGGERS, 0000 WILLIAM A. KETCHAM, 0000 CURTIS A. BECKER, JR., 0000 JAMES J. ELIAS, 0000 TIMOTHY N. KETTER, 0000 RODNEY T. BEHREND, 0000 CARLTON T. ELLIOTT, 0000 LISA L. KETTERMAN, 0000 SCOTT A. BELL, 0000 TONY L. ELLIS, 0000 PAUL R. KEYES, 0000 JAMES A. BELZ, 0000 JOHN K. ELLZEY, 0000 STEVEN W. KIGGANS, 0000 JEFFREY A. BENNETT II, 0000 STEPHEN S. ERB, 0000 KEITH R. KINTZLEY, 0000 CHRISTOPHER BERGEN, 0000 TIMOTHY D. ESH, 0000 BRIAN D. KIRK, 0000 BUDD E. BERGLOFF, 0000 ERIK J. ESLICH, 0000 LAWRENCE J. KISTLER, 0000 PETER R. BERNING, 0000 DAVID C. ESTES, 0000 ROBERT A. KLASZKY, 0000 PAUL N. BERTHELOTTE, 0000 DANIEL T. EVANS, 0000 DENNIS J. KLEIN, 0000 KEVIN W. BILLINGS, 0000 KEVIN W. EVANS, 0000 KEVIN J. KLEIN, 0000 JAMES M. BILOTTA, 0000 JEFFREY N. FARAH, 0000 MITCHEL J. KLOEWER, 0000 DAVID T. BITLER, 0000 SCOTT T. FARR, 0000 GREGORY D. KNEPPER, 0000 ROBERT E. BOARDMAN, 0000 MICHAEL G. FARREN, 0000 MICHAEL J. KOEN, 0000 MICHAEL S. BOBULINSKI, 0000 KENNETH L. FERGUSON, 0000 RICHARD W. KOENIG, 0000 TODD W. BOEHM, 0000 RICHARD J. FIELD, 0000 ROBERT A. KOONCE, 0000 MARK J. BOLLONG, 0000 BRIAN J. FINMAN, 0000 KENNETH G. KOPP, 0000 JOHN D. BOONE, 0000 MATTHEW D. FINNEY, 0000 PHILIP J. KOTWICK, 0000 MICHAEL J. BOONE, 0000 EDWARD J. FISCHER, 0000 SCOTT H. KRAFT, 0000

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STEVEN C. KROLL, 0000 CHRISTOPHER A. PRESZ, 0000 KYLE C. WEAVER, 0000 PATRICK E. KULAKOWSKI, 0000 JOSHUA D. PRICE, 0000 BRUCE J. WEBB, 0000 DOUGLAS W. KUNZMAN, 0000 KARL J. PUGH, 0000 ROBERT W. WEDERTZ, 0000 SCOTT D. KUYKENDALL, 0000 WILLIAM C. PUGH, 0000 TODD S. WEEKS, 0000 JON P. R. LABRUZZO, 0000 MICHAEL G. QUAN, 0000 DAVID B. WELLER, 0000 EUGENE D. LACOSTE, 0000 KEVIN M. QUARDERER, 0000 ADAM J. WELTER, 0000 ROBERT T. LACY, 0000 KEVIN S. RAFFERTY, 0000 MARC A. WENTZ, 0000 LANCE J. LAFOND, 0000 ROLANDO RAMIREZ, 0000 MICHAEL T. WESTBROOK, 0000 MARK A. LAKAMP, 0000 DAVID T. RAMSEY, JR., 0000 ROBERT D. WESTENDORFF, 0000 GEORGE M. LANDIS III, 0000 PAUL E. RASMUSSEN, 0000 DAVID G. WHITEHEAD, 0000 CHAD M. LARGES, 0000 ROSARIO M. RAUSA, 0000 DAVID J. WICKERSHAM, 0000 JONATHAN B. LAUBACH, 0000 CRAIG C. REINER, 0000 JEFFREY S. WILCOX, 0000 PAUL P. LAWLER, 0000 CRAIG M. REMALY, 0000 BRYAN D. WILLIAMS, 0000 WILLIAM E. LAWRENCE, 0000 JOSHUA S. REYHER, 0000 MICHAEL B. WILLIAMS, 0000 HUNG B. LE, 0000 BENJAMIN G. REYNOLDS, 0000 THOMAS R. WILLIAMS II, 0000 MARK S. LEAVITT, 0000 STEVEN M. RICHARDS, 0000 EUGENE M. WOODRUFF, 0000 JEAN M. LEBLANC, 0000 GLENN F. ROBBINS, 0000 MICHAEL S. WOSJE, 0000 FITZHUGH S. LEE, 0000 STEVEN C. ROBERTO, JR., 0000 GARRY W. WRIGHT, 0000 MATTHEW J. LEHMAN, 0000 RICHARD K. ROSSETTI, 0000 GEORGE C. WRIGHT, 0000 FREDERICK C. LENTZ III, 0000 DAVID M. ROWLAND, 0000 WALTER C. WRYE IV, 0000 LANCE L. LESHER, 0000 JOHN C. RUDELLA, 0000 JAY D. WYLIE, 0000 KURT A. LEWIS, 0000 ROME RUIZ, 0000 TERRI A. YACKLE, 0000 MICHAEL LIBERATORE, 0000 GAVAN M. SAGARA, 0000 NATHAN J. YARUSSO, 0000 ALVARO L. LIMA, 0000 TIMOTHY A. SALTER, 0000 MELVIN K. YOKOYAMA, 0000 ANTHONY J. LINARDI III, 0000 KEVIN R. SANDLIN, 0000 LAURENCE M. YOUNG, 0000 CHARLES E. LOISELLE, 0000 MILTON J. SANDS III, 0000 PAUL D. YOUNG, 0000 ROY LOVE, 0000 DAVID M. SANFIELD, 0000 WILLIAM A. ZIEGLER, 0000 ANDREW C. LYNCH, 0000 ERICH B. SCHMIDT, 0000 LEONARD M. LYON, 0000 STEPHEN F. SCHMIDT, 0000 FEDERAL LABOR RELATIONS AUTHORITY JOSEPH R. MACKAY, 0000 EDWARD A. SCHRADER, 0000 CHRISTOPHER D. MAJORS, 0000 MARK A. SCHRAM, 0000 THOMAS M. BECK, OF VIRGINIA, TO BE A MEMBER OF MICHAEL D. MAKEE, 0000 CHRISTOPHER A. SCOTT, 0000 THE FEDERAL LABOR RELATIONS AUTHORITY FOR A EUGENE J. MALVEAUX, JR., 0000 DAVID M. SCOTT, 0000 TERM EXPIRING JULY 29, 2012, VICE DALE CABANISS, CHRISTOPER T. MARTIN, 0000 RICHARD I. SCRITCHFIELD, 0000 TERM EXPIRING. NICOLAS A. MARUSICH, 0000 JEFFREY L. SCUDDER, 0000 DEPARTMENT OF VETERANS AFFAIRS TODD R. MARZANO, 0000 MATTHEW T. SECREST, 0000 MARK A. MARZONIE, 0000 ERIC O. SEIB, 0000 PAUL J. HUTTER, OF VIRGINIA, TO BE GENERAL COUN- RICHARD N. MASSIE, 0000 RICHARD E. SEIF, JR., 0000 SEL, DEPARTMENT OF VETERANS AFFAIRS, VICE TIM S. STEVEN J. MATHEWS, 0000 OLIN M. SELL, 0000 MCCLAIN, RESIGNED. ROBERT W. MATHEWSON, 0000 DAVID K. SHAFFER, 0000 JAMES E. MATTINGLY, 0000 FRANK C. SHELLY, 0000 f JAMES J. MAUNE, 0000 KENNETH W. SHICK, 0000 SHAUN C. MCANDREW, 0000 JUSTIN L. SHOGER, 0000 CONFIRMATIONS EDWARD D. MCCABE, 0000 HANS E. SHOLLEY, 0000 JAMES A. MCCALL III, 0000 JOHN J. SHRIVER, 0000 Executive nominations confirmed by LARRY G. MCCULLEN, 0000 MAXWELL J. SHUMAN, 0000 the Senate Thursday, June 28, 2007: RICHARD C. MCDANIEL, 0000 LARRY A. SIDBURY, 0000 SEAN P. MCDERMOTT, 0000 MICHAEL C. SIEPERT, 0000 OFFICE OF PERSONNEL MANAGEMENT EDWARD J. MCDONALD, 0000 TIMOTHY L. SIMONSON, 0000 HOWARD CHARLES WEIZMANN, OF MARYLAND, TO BE KEVIN P. MCGEE, 0000 THOMAS W. SINGLETON, 0000 DEPUTY DIRECTOR OF THE OFFICE OF PERSONNEL MAN- CHRISTOPHER F. MCHUGH, 0000 LUKE SIRONI, 0000 AGEMENT. DOUGLAS R. MCLAREN, 0000 WARREN E. SISSON, 0000 RICHARD A. MCMANUS, 0000 BRIAN L. SITTLOW, 0000 EXPORT-IMPORT BANK OF THE UNITED STATES BOBBY D. MCPHERSON II, 0000 DARREN J. SKINNER, 0000 DARREN G. MCPHERSON, 0000 QUINN D. SKINNER, 0000 MICHAEL W. TANKERSLEY, OF TEXAS, TO BE INSPEC- JAMES A. MCPHERSON, 0000 STEVEN J. SKRETKOWICZ, 0000 TOR GENERAL, EXPORT-IMPORT BANK. MICHAEL T. MCVAY, 0000 TIMOTHY J. SLENTZ, 0000 DEPARTMENT OF STATE WILLIAM R. MELLEN, 0000 JAMES B. SMELLEY, 0000 KEVIN A. MELODY, 0000 CRAIG M. SNYDER, 0000 REUBEN JEFFERY III, OF THE DISTRICT OF COLUMBIA, MARK A. MELSON, 0000 ERIC A. SODERBERG, 0000 TO BE UNITED STATES ALTERNATE GOVERNOR OF THE ROGER E. MEYER, 0000 ROBERT G. SODERHOLM, 0000 INTERNATIONAL BANK FOR RECONSTRUCTION AND DE- CHRISTOPHER A. MIDDLETON, 0000 DAVID S. SOLDOW, 0000 VELOPMENT FOR A TERM OF FIVE YEARS; UNITED BRETT W. MIETUS, 0000 JOHN D. SOWERS, 0000 STATES ALTERNATE GOVERNOR OF THE INTER-AMER- PETER A. MILNES, 0000 STEPHEN O. SPRAGUE, 0000 ICAN DEVELOPMENT BANK FOR A TERM OF FIVE YEARS; LUIS E. MOLINA, 0000 JAMES A. STANLEY, 0000 UNITED STATES ALTERNATE GOVERNOR OF THE AFRI- LEIF E. MOLLO, 0000 THOMAS F. STANLEY, 0000 CAN DEVELOPMENT BANK FOR A TERM OF FIVE YEARS; KURT A. MONDLAK, 0000 JOSEPH M. STAUD, 0000 UNITED STATES ALTERNATE GOVERNOR OF THE AFRI- DAVID J. MONTGOMERY II, 0000 MICHAEL A. STEEN, 0000 CAN DEVELOPMENT FUND; UNITED STATES ALTERNATE GEOFFREY C. MOORE, 0000 JAY M. STEINGOLD, 0000 GOVERNOR OF THE ASIAN DEVELOPMENT BANK; AND STEVEN A. MORGENFELD, 0000 KRISTIN L. STENGEL, 0000 UNITED STATES ALTERNATE GOVERNOR OF THE EURO- KYLE S. MOSES, 0000 HENRY P. STEWART, 0000 PEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT. BRANDT A. MOSLENER, 0000 JAMES M. STEWART, 0000 JUNE CARTER PERRY, OF THE DISTRICT OF COLUMBIA, JOHN B. MOULTON, 0000 TODD D. STLAURENT, 0000 A CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, SHELBY A. MOUNTS, 0000 CHRISTOPHER M. STOPYRA, 0000 CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR BRETT D. MOYES, 0000 GREGORY P. STPIERRE, 0000 EXTRAORDINARY AND PLENIPOTENTIARY OF THE THOMAS H. MULDROW, JR., 0000 KENNETH A. STRONG, 0000 UNITED STATES OF AMERICA TO THE REPUBLIC OF SI- SCOTT T. MULVEHILL, 0000 DAVID J. SUCHYTA, 0000 ERRA LEONE. DAVID T. MUNDY, 0000 DAVID D. SULLINS, 0000 WANDA L. NESBITT, OF PENNSYLVANIA, A CAREER DEAN A. MURIANO, 0000 DANIEL J. SULLIVAN IV, 0000 MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF BRENDAN J. MURPHY, 0000 DANIEL D. SUNVOLD, 0000 MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- CHARLES G. MURPHY, 0000 WILLIAM S. SWITZER, 0000 DINARY AND PLENIPOTENTIARY OF THE UNITED STATES THOMAS F. MURPHY III, 0000 SCOTT A. TAIT, 0000 OF AMERICA TO THE REPUBLIC OF COTE D’IVOIRE. JAMES M. MUSE, 0000 MARK W. TANKERSLEY, 0000 FREDERICK B. COOK, OF FLORIDA, A CAREER MEMBER ROBERT C. MUSE, 0000 CHARLES L. TAYLOR, 0000 OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- COLEY R. MYERS III, 0000 KYLE W. M. TAYLOR, 0000 COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND MICHAEL J. NADEAU, 0000 BENJAMIN J. TEICH, 0000 PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA DANA A. NELSON, 0000 ANTONIO TELLADO, 0000 TO THE CENTRAL AFRICAN REPUBLIC. GREGORY D. NEWKIRK, 0000 JASON A. TEMPLE, 0000 ROBERT B. NOLAN, OF VIRGINIA, A CAREER MEMBER STEPHEN L. NEWLUND, 0000 KARL R. TENNEY, 0000 OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- DAVID A. NORLEY, 0000 MATTHEW D. TERWILLIGER, 0000 COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND JOSEPH A. NOSSE, 0000 MATTHEW A. TESTERMAN, 0000 PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA JEFFREY L. OAKEY, 0000 JOSEPH C. THOMAS, 0000 TO THE KINGDOM OF LESOTHO. TERRY L. OBERMEYER, 0000 NICHOLAS R. TILBROOK, 0000 MAURICE S. PARKER, OF CALIFORNIA, A CAREER MEM- JOSEPH R. OBRIEN, 0000 RICHARD V. TIMMS, 0000 BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- DONALD C. ODEN, 0000 RONALD W. TOLAND, JR., 0000 ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- FRANK B. OGDEN II, 0000 BRENT A. TRICKEL, 0000 DINARY AND PLENIPOTENTIARY OF THE UNITED STATES NATHAN R. OGLE, 0000 DEREK A. TRINQUE, 0000 OF AMERICA TO THE KINGDOM OF SWAZILAND. ROBERT N. OLIVIER, 0000 SCOTT S. TROYER, 0000 WILLIAM JOHN GARVELINK, OF MICHIGAN, A CAREER LAWRENCE D. OLLICE, JR., 0000 MICHAEL H. TSUTAGAWA, 0000 MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF LONNIE W. OLSON, 0000 EDWARD D. TURCOTTE, 0000 MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- JOHN F. H. OUELLETTE, 0000 BRADLEY W. UPTON, 0000 DINARY AND PLENIPOTENTIARY OF THE UNITED STATES DANIEL L. PACKER, JR., 0000 TODD D. VANDEGRIFT, 0000 OF AMERICA TO THE DEMOCRATIC REPUBLIC OF THE WILLIAM J. PALERMO, 0000 STEPHEN J. VANLANDINGHAM, 0000 CONGO. ADAM D. PALMER, 0000 DAVID A. VARNER, 0000 WILLIAM R. BROWNFIELD, OF TEXAS, A CAREER MEM- MATTHEW C. PARADISE, 0000 DENNIS VELEZ, 0000 BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- ANTHONY L. PARTON, 0000 RAYMUNDO VILLARREAL, 0000 ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- ROBERT W. PATRICK, JR., 0000 CHAD P. VINCELETTE, 0000 DINARY AND PLENIPOTENTIARY OF THE UNITED STATES RODNEY M. PATTON, 0000 KEVIN S. VOAS, 0000 OF AMERICA TO THE REPUBLIC OF COLOMBIA. SIL A. PERRELLA, 0000 FRANK P. VOLPE, JR., 0000 PETER MICHAEL MCKINLEY, OF VIRGINIA, A CAREER STEPHEN E. PETRAS, 0000 JEFFREY M. VORCE, 0000 MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF JAMES B. PFEIFFER, 0000 ROLANDO M. WADE, 0000 MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- JOHN B. PICCO, 0000 THOMAS R. WAGENER, 0000 DINARY AND PLENIPOTENTIARY OF THE UNITED STATES MICHAEL E. PIETRYKA, 0000 PETER J. WALCZAK, 0000 OF AMERICA TO THE REPUBLIC OF PERU. ROBERT J. POLVINO, 0000 DANIEL J. WALFORD, 0000 PATRICK DENNIS DUDDY, OF MAINE, A CAREER MEM- DARREN R. POORE, 0000 ANDREW R. WALTON, 0000 BER OF THE SENIOR FOREIGN SERVICE, CLASS OF MIN- CAROL A. PRATHER, 0000 JASON D. WARTELL, 0000 ISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- RICHARD W. PREST, 0000 MICHAEL S. WATHEN, 0000 DINARY AND PLENIPOTENTIARY OF THE UNITED STATES

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OF AMERICA TO THE BOLIVARIAN REPUBLIC OF VEN- IN THE NAVY COLONEL BRADLEY R. PRAY, 0000 EZUELA. COLONEL LORI J. ROBINSON, 0000 ANNE WOODS PATTERSON, OF VIRGINIA, A CAREER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL ANTHONY J. ROCK, 0000 MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF IN THE UNITED STATES NAVY RESERVE TO THE GRADE COLONEL JAY G. SANTEE, 0000 CAREER MINISTER, TO BE AMBASSADOR EXTRAOR- INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: COLONEL ROWAYNE A. SCHATZ, JR, 0000 DINARY AND PLENIPOTENTIARY OF THE UNITED STATES COLONEL STEVEN J. SPANO, 0000 OF AMERICA TO THE ISLAMIC REPUBLIC OF PAKISTAN. To be rear admiral (lower half) COLONEL THOMAS L. TINSLEY, 0000 NANCY J. POWELL, OF IOWA, A CAREER MEMBER OF CAPT. MICHAEL J. BROWNE, 0000 COLONEL JACK WEINSTEIN, 0000 THE SENIOR FOREIGN SERVICE, CLASS OF CAREER MIN- COLONEL STEPHEN W. WILSON, 0000 ISTER, TO BE AMBASSADOR EXTRAORDINARY AND PLEN- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL MARGARET H. WOODWARD, 0000 IPOTENTIARY OF THE UNITED STATES OF AMERICA TO IN THE UNITED STATES NAVY RESERVE TO THE GRADE NEPAL. INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: IN THE ARMY JOSEPH ADAM ERELI, OF THE DISTRICT OF COLUMBIA, To be rear admiral (lower half) THE FOLLOWING NAMED OFFICER FOR APPOINTMENT A CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, IN THE RESERVE OF THE ARMY TO THE GRADE INDI- CLASS OF COUNSELOR, TO BE AMBASSADOR EXTRAOR- CAPT. THOMAS F. KENDZIORSKI, 0000 CATED UNDER TITLE 10, U.S.C., SECTION 12203: DINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA TO THE KINGDOM OF BAHRAIN. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be brigadier general RICHARD BOYCE NORLAND, OF IOWA, A CAREER MEM- IN THE UNITED STATES NAVY RESERVE TO THE GRADE COL. MICHAEL D. DEVINE, 0000 BER OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: SELOR, TO BE AMBASSADOR EXTRAORDINARY AND To be rear admiral (lower half) IN THE NAVY PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE REPUBLIC OF UZBEKISTAN. CAPT. LOTHROP S. LITTLE, 0000 STEPHEN A. SECHE, OF VIRGINIA, A CAREER MEMBER IN THE UNITED STATES NAVY TO THE GRADE INDICATED OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 624: COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND IN THE UNITED STATES NAVY RESERVE TO THE GRADE To be rear admiral (lower half) PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: TO THE REPUBLIC OF YEMEN. To be rear admiral (lower half) CAPT. DAVID W. TITLEY, 0000 JOHN L. WITHERS II, OF MARYLAND, A CAREER MEM- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BER OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- CAPT. KENNETH J. BRAITHWAITE, 0000 SELOR, TO BE AMBASSADOR EXTRAORDINARY AND IN THE UNITED STATES NAVY TO THE GRADE INDICATED PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 624: TO THE REPUBLIC OF ALBANIA. IN THE UNITED STATES NAVY RESERVE TO THE GRADE To be rear admiral (lower half) CHARLES LEWIS ENGLISH, OF NEW YORK, A CAREER INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF To be rear admiral (lower half) CAPT. MICHAEL S. ROGERS, 0000 MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DINARY AND PLENIPOTENTIARY OF THE UNITED STATES CAPT. JOSEPH D. STINSON, 0000 OF AMERICA TO BOSNIA AND HERZEGOVINA. IN THE UNITED STATES NAVY TO THE GRADE INDICATED CAMERON MUNTER, OF CALIFORNIA, A CAREER MEM- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 624: BER OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- IN THE UNITED STATES NAVY RESERVE TO THE GRADE To be rear admiral (lower half) SELOR, TO BE AMBASSADOR EXTRAORDINARY AND INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA To be rear admiral (lower half) CAPT. DAVID A. DUNAWAY, 0000 TO THE REPUBLIC OF SERBIA. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RODERICK W. MOORE, OF RHODE ISLAND, A CAREER CAPT. JERRY R. KELLEY, 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF UNDER TITLE 10, U.S.C., SECTION 624: COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA IN THE UNITED STATES NAVY RESERVE TO THE GRADE To be rear admiral (lower half) TO THE REPUBLIC OF MONTENEGRO. INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: J. CHRISTIAN KENNEDY, OF INDIANA, A CAREER MEM- To be rear admiral (lower half) CAPT. SAMUEL J. COX, 0000 BER OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SELOR, FOR THE RANK OF AMBASSADOR DURING HIS CAPT. CYNTHIA A. DULLEA, 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED TENURE OF SERVICE AS SPECIAL ENVOY FOR HOLO- UNDER TITLE 10, U.S.C., SECTION 624: CAUST ISSUES. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES NAVY RESERVE TO THE GRADE To be rear admiral (lower half) INTER-AMERICAN FOUNDATION INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: CAPT. DAVID G. SIMPSON, 0000 HECTOR E. MORALES, OF TEXAS, TO BE A MEMBER OF To be rear admiral (lower half) THE BOARD OF DIRECTORS OF THE INTER-AMERICAN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CAPT. PATRICIA E. WOLFE, 0000 FOUNDATION FOR A TERM EXPIRING SEPTEMBER 20, 2010. IN THE UNITED STATES NAVY TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 624: CORPORATION FOR NATIONAL AND COMMUNITY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED STATES NAVY RESERVE TO THE GRADE To be rear admiral SERVICE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: RICHARD ALLAN HILL, OF MONTANA, TO BE A MEMBER To be rear admiral (lower half) REAR ADM. (LH) EDWARD H. DEETS III, 0000 OF THE BOARD OF DIRECTORS OF THE CORPORATION THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CAPT. GARRY J. BONELLI, 0000 FOR NATIONAL AND COMMUNITY SERVICE FOR A TERM IN THE UNITED STATES NAVY TO THE GRADE INDICATED CAPT. ROBIN R. BRAUN, 0000 EXPIRING JUNE 10, 2009. UNDER TITLE 10, U.S.C., SECTION 624: STAN Z. SOLOWAY, OF THE DISTRICT OF COLUMBIA, TO CAPT. SANDY L. DANIELS, 0000 BE A MEMBER OF THE BOARD OF DIRECTORS OF THE CAPT. SCOTT E. SANDERS, 0000 To be rear admiral CORPORATION FOR NATIONAL AND COMMUNITY SERVICE CAPT. ROBERT O. WRAY, JR., 0000 FOR A TERM EXPIRING OCTOBER 6, 2011. REAR ADM. (LH) JEFFREY A. WIERINGA, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JAMES PALMER, OF CALIFORNIA, TO BE A MEMBER OF IN THE UNITED STATES NAVY RESERVE TO THE GRADE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE BOARD OF DIRECTORS OF THE CORPORATION FOR INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: IN THE UNITED STATES NAVY TO THE GRADE INDICATED NATIONAL AND COMMUNITY SERVICE FOR A TERM EX- UNDER TITLE 10, U.S.C., SECTION 624: PIRING OCTOBER 6, 2011. To be rear admiral THE ABOVE NOMINATIONS WERE APPROVED SUBJECT To be rear admiral TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- REAR ADM. (LH) GREGORY A. TIMBERLAKE, 0000 REAR ADM. (LH) CHARLES H. GODDARD, 0000 QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT REAR ADM. (LH) KEVIN M. MCCOY, 0000 CONSTITUTED COMMITTEE OF THE SENATE. IN THE UNITED STATES NAVY RESERVE TO THE GRADE THE JUDICIARY INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED STATES NAVY TO THE GRADE INDICATED BENJAMIN HALE SETTLE, OF WASHINGTON, TO BE To be rear admiral UNDER TITLE 10, U.S.C., SECTION 624: UNITED STATES DISTRICT JUDGE FOR THE WESTERN REAR ADM. (LH) ALBERT GARCIA III, 0000 To be rear admiral (lower half) DISTRICT OF WASHINGTON. RICHARD SULLIVAN, OF NEW YORK, TO BE UNITED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CAPT. TERRY J. BENEDICT, 0000 STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT IN THE UNITED STATES NAVY TO THE GRADE INDICATED CAPT. MICHAEL E. MCMAHON, 0000 OF NEW YORK. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND JOSEPH S. VAN BOKKELEN, OF INDIANA, TO BE UNITED RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: IN THE MARINE CORPS STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT To be vice admiral THE FOLLOWING NAMED OFFICER FOR APPOINTMENT OF INDIANA. IN THE UNITED STATES MARINE CORPS TO THE GRADE IN THE NAVY REAR ADM. ANTHONY L. WINNS, 0000 INDICATED UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE AIR FORCE To be brigadier general IN THE UNITED STATES NAVY TO THE GRADE INDICATED THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COL. KENNETH F. MCKENZIE, JR., 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: CATED UNDER TITLE 10, U.S.C., SECTION 624: IN THE ARMY To be admiral To be brigadier general THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES ARMY TO THE GRADE INDICATED VICE ADM. ERIC T. OLSON, 0000 COLONEL MARK A. ATKINSON, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND IN THE ARMY COLONEL MARK A. BARRETT, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: COLONEL BRIAN T. BISHOP, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL MICHAEL R. BOERA, 0000 To be lieutenant general IN THE UNITED STATES ARMY TO THE GRADE INDICATED COLONEL NORMAN J. BROZENICK, JR, 0000 MAJ. GEN. RICHARD P. ZAHNER, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND COLONEL CATHY C. CLOTHIER, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: COLONEL DAVID A. COTTON, 0000 IN THE NAVY COLONEL SHARON K. G. DUNBAR, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be lieutenant general COLONEL BARBARA J. FAULKENBERRY, 0000 IN THE UNITED STATES NAVY TO THE GRADE INDICATED COLONEL LARRY K. GRUNDHAUSER, 0000 LT. GEN. DOUGLAS E. LUTE, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND COLONEL GARRETT HARENCAK, 0000 RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: IN THE MARINE CORPS COLONEL JAMES M. HOLMES, 0000 COLONEL DAVE C. HOWE, 0000 To be vice admiral THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL JAMES J. JONES, 0000 IN THE UNITED STATES MARINE CORPS RESERVE TO THE COLONEL MICHAEL A. KELTZ, 0000 REAR ADM. JOSEPH MAGUIRE, 0000 GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: COLONEL FREDERICK H. MARTIN, 0000 IN THE ARMY To be brigadier general COLONEL WENDY M. MASIELLO, 0000 COLONEL ROBERT P. OTTO, 0000 THE FOLLOWING ARMY NATIONAL GUARD OF THE COL. REX C. MCMILLIAN, 0000 COLONEL LEONARD A. PATRICK, 0000 UNITED STATES OFFICERS FOR APPOINTMENT IN THE

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RESERVE OF THE ARMY TO THE GRADES INDICATED IN THE NAVY NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- UNDER TITLE 10, U.S.C., SECTION 12203: PEARED IN THE CONGRESSIONAL RECORD ON JUNE 4, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 2007. To be major general IN THE UNITED STATES NAVY TO THE GRADE INDICATED ARMY NOMINATIONS BEGINNING WITH DEEPTI S. BRIGADIER GENERAL AUGUSTUS L. COLLINS, 0000 UNDER TITLE 10, U.S.C., SECTION 624: CHITNIS AND ENDING WITH GIA K. YI, WHICH NOMINA- BRIGADIER GENERAL JAMES B. GASTON, JR., 0000 To be rear admiral TIONS WERE RECEIVED BY THE SENATE AND APPEARED BRIGADIER GENERAL JOE L. HARKEY, 0000 IN THE CONGRESSIONAL RECORD ON JUNE 4, 2007. BRIGADIER GENERAL JOHN S. HARREL, 0000 REAR ADM. (LH) CHRISTINE M. BRUZEK-KOHLER, 0000 ARMY NOMINATIONS BEGINNING WITH JACOB W. BRIGADIER GENERAL EDWARD A. LEACOCK, 0000 AARONSON AND ENDING WITH DAVID W. WOLKEN, WHICH BRIGADIER GENERAL JOSE S. MAYORGA, JR., 0000 IN THE AIR FORCE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON JUNE 4, BRIGADIER GENERAL KING E. SIDWELL, 0000 THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED 2007. BRIGADIER GENERAL JON L. TROST, 0000 STATES OFFICERS FOR APPOINTMENT IN THE RESERVE ARMY NOMINATION OF BIRGET BATISTE, 0000, TO BE OF THE AIR FORCE TO THE GRADES INDICATED UNDER To be brigadier general MAJOR. TITLE 10, U.S.C., SECTION 12203: ARMY NOMINATION OF JAMES P. HOUSTON, 0000, TO BE COLONEL ROBERT K. BALSTER, 0000 LIEUTENANT COLONEL. COLONEL JULIO R. BANEZ, 0000 To be major general ARMY NOMINATION OF JOHN C. LOOSE, JR., 0000, TO BE COLONEL WILLIAM A. BANKHEAD, JR., 0000 BRIGADIER GENERAL MICHAEL D. AKEY, 0000 COLONEL. COLONEL ROOSEVELT BARFIELD, 0000 BRIGADIER GENERAL MICHAEL G. BRANDT, 0000 ARMY NOMINATIONS BEGINNING WITH BRUCE BUBLICK COLONEL GREGORY W. BATTS, 0000 BRIGADIER GENERAL RICHARD H. CLEVENGER, 0000 AND ENDING WITH JAMES MADDEN, WHICH NOMINA- COLONEL THOMAS E. BERON, 0000 BRIGADIER GENERAL CYNTHIA N. KIRKLAND, 0000 COLONEL DAVID L. BOWMAN, 0000 TIONS WERE RECEIVED BY THE SENATE AND APPEARED BRIGADIER GENERAL DUANE J. LODRIGE, 0000 IN THE CONGRESSIONAL RECORD ON JUNE 18, 2007. COLONEL GEORGE A. BRINEGAR, 0000 BRIGADIER GENERAL PATRICK J. MOISIO, 0000 COLONEL JEFFERSON S. BURTON, 0000 ARMY NOMINATIONS BEGINNING WITH JACKIE L. BYAS BRIGADIER GENERAL CHARLES A. MORGAN III, 0000 AND ENDING WITH WILLIAM R. CLARK, WHICH NOMINA- COLONEL GLENN H. CURTIS, 0000 BRIGADIER GENERAL DANIEL B. O’HOLLAREN, 0000 COLONEL LARRY W. CURTIS, 0000 TIONS WERE RECEIVED BY THE SENATE AND APPEARED BRIGADIER GENERAL PETER S. PAWLING, 0000 IN THE CONGRESSIONAL RECORD ON JUNE 18, 2007. COLONEL SANDRA W. DITTIG, 0000 BRIGADIER GENERAL WILLIAM M. SCHUESSLER, 0000 COLONEL ALAN S. DOHRMANN, 0000 ARMY NOMINATIONS BEGINNING WITH JEFFREY R. BRIGADIER GENERAL HAYWOOD R. STARLING, JR., 0000 KEIM AND ENDING WITH STAN ROWICKI, WHICH NOMINA- COLONEL ALEXANDER E. DUCKWORTH, 0000 BRIGADIER GENERAL RAYMOND L. WEBSTER, 0000 COLONEL FRANK W. DULFER, 0000 TIONS WERE RECEIVED BY THE SENATE AND APPEARED COLONEL ROBERT W. ENZENAUER, 0000 To be brigadier general IN THE CONGRESSIONAL RECORD ON JUNE 18, 2007. COLONEL LYNN D. FISHER, 0000 ARMY NOMINATIONS BEGINNING WITH PHILIP A. HOR- COLONEL MAURICE T. BROCK, 0000 COLONEL BURTON K. FRANCISCO, 0000 TON AND ENDING WITH PATRICIA YOUNG, WHICH NOMI- COLONEL HELEN L. GANT, 0000 COLONEL JIM C. CHOW, 0000 NATIONS WERE RECEIVED BY THE SENATE AND AP- COLONEL TERRY M. HASTON, 0000 COLONEL MICHAEL G. COLANGELO, 0000 PEARED IN THE CONGRESSIONAL RECORD ON JUNE 18, COLONEL BRYAN J. HULT, 0000 COLONEL BARRY K. COLN, 0000 2007. COLONEL GEORGE E. IRVIN, SR., 0000 COLONEL STEVEN A. CRAY, 0000 ARMY NOMINATIONS BEGINNING WITH BERNADINE F. COLONEL LENWOOD A. LANDRUM, 0000 COLONEL JAMES D. DEMERITT, 0000 PELETZFOX AND ENDING WITH SUSAN P. STATTMILLER, COLONEL ROGER L. MCCLELLAN, 0000 COLONEL MATTHEW J. DZIALO, 0000 WHICH NOMINATIONS WERE RECEIVED BY THE SENATE COLONEL RONALD O. MORROW, 0000 COLONEL TRULAN A. EYRE, 0000 AND APPEARED IN THE CONGRESSIONAL RECORD ON COLONEL JOHN M. NUNN, 0000 COLONEL JON F. FAGO, 0000 JUNE 18, 2007. COLONEL ISAAC G. OSBORNE, JR., 0000 COLONEL WILLIAM S. HADAWAY III, 0000 ARMY NOMINATIONS BEGINNING WITH JEFFERY H. COLONEL ROBERT J. PRATT, 0000 COLONEL SAMUEL C. HEADY, 0000 ALLEN AND ENDING WITH BOBBY C. THORNTON, WHICH COLONEL JERRY E. REEVES, 0000 COLONEL JOHN P. HUGHES, 0000 NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- COLONEL TIMOTHY A. REISCH, 0000 COLONEL MARK R. JOHNSON, 0000 PEARED IN THE CONGRESSIONAL RECORD ON JUNE 18, COLONEL JAMES M. ROBINSON, 0000 COLONEL PATRICK L. MARTIN, 0000 2007. COLONEL MARK D. SCRABA, 0000 COLONEL RICHARD A. MITCHELL, 0000 ARMY NOMINATIONS BEGINNING WITH DIRK R. KLOSS COLONEL DONALD P. WALKER, 0000 COLONEL JOHN F. NICHOLS, 0000 AND ENDING WITH MARK C. STRONG, WHICH NOMINA- COLONEL CHARLES F. WALSH, 0000 COLONEL GRADY L. PATTERSON III, 0000 TIONS WERE RECEIVED BY THE SENATE AND APPEARED COLONEL GEORGE E. PIGEON, 0000 IN THE CONGRESSIONAL RECORD ON JUNE 18, 2007. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL WILLIAM N. REDDELL III, 0000 ARMY NOMINATIONS BEGINNING WITH DAVID M. GRIF- IN THE UNITED STATES ARMY TO THE GRADE INDICATED COLONEL HAROLD E. REED, 0000 FITH AND ENDING WITH BRIAN N. WITCHER, WHICH NOMI- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND COLONEL LEON S. RICE, 0000 NATIONS WERE RECEIVED BY THE SENATE AND AP- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: COLONEL ALPHONSE J. STEPHENSON, 0000 PEARED IN THE CONGRESSIONAL RECORD ON JUNE 18, To be lieutenant general COLONEL ERIC W. VOLLMECKE, 0000 2007. COLONEL ERIC G. WELLER, 0000 MAJ. GEN. FRANCIS H. KEARNEY III, 0000 FOREIGN SERVICE IN THE ARMY THE FOLLOWING ARMY NATIONAL GUARD OF THE FOREIGN SERVICE NOMINATIONS BEGINNING WITH UNITED STATES OFFICERS FOR APPOINTMENT IN THE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOHN E. PETERS AND ENDING WITH ANDREW P. RESERVE OF THE ARMY TO THE GRADE INDICATED TO THE GRADE OF LIEUTENANT GENERAL IN THE WYLEGALA, WHICH NOMINATIONS WERE RECEIVED BY UNDER TITLE 10, U.S.C., SECTION 12203: UNITED STATES ARMY WHILE ASSIGNED TO A POSITION THE SENATE AND APPEARED IN THE CONGRESSIONAL OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, RECORD ON MAY 7, 2007. To be brigadier general U.S.C., SECTION 601: FOREIGN SERVICE NOMINATIONS BEGINNING WITH COL. JONATHAN E. FARNHAM, 0000 To be lieutenant general DANIEL K. BERMAN AND ENDING WITH SCOTT S. COL. HUGO E. SALAZAR, 0000 SINDELAR, WHICH NOMINATIONS WERE RECEIVED BY MAJ. GEN. JOHN D. GARDNER, 0000 THE SENATE AND APPEARED IN THE CONGRESSIONAL IN THE NAVY RECORD ON MAY 22, 2007. IN THE AIR FORCE FOREIGN SERVICE NOMINATIONS BEGINNING WITH THE FOLLOWING NAMED OFFICER FOR APPOINTMENT LINDA THOMPSON TOPPING GONZALEZ AND ENDING IN THE UNITED STATES NAVAL RESERVE TO THE GRADE AIR FORCE NOMINATIONS BEGINNING WITH RICHARD G. WITH KAREN SLITER, WHICH NOMINATIONS WERE RE- INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: ANDERSON AND ENDING WITH MITCHELL ZYGADLO, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE CEIVED BY THE SENATE AND APPEARED IN THE CON- To be rear admiral AND APPEARED IN THE CONGRESSIONAL RECORD ON GRESSIONAL RECORD ON MAY 22, 2007. JANUARY 11, 2007. REAR ADM. (LH) CAROL M. POTTENGER, 0000 IN THE MARINE CORPS AIR FORCE NOMINATIONS BEGINNING WITH CHRIS- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TOPHER R. ABRAMSON AND ENDING WITH ANNAMARIE MARINE CORPS NOMINATIONS BEGINNING WITH ERIC IN THE UNITED STATES NAVY TO THE GRADE INDICATED ZURLINDEN, WHICH NOMINATIONS WERE RECEIVED BY M. ARBOGAST AND ENDING WITH JAMES L. WETZEL IV, WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND THE SENATE AND APPEARED IN THE CONGRESSIONAL WHICH NOMINATIONS WERE RECEIVED BY THE SENATE RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: RECORD ON MARCH 19, 2007. AND APPEARED IN THE CONGRESSIONAL RECORD ON AIR FORCE NOMINATIONS BEGINNING WITH ALICE A. MAY 21, 2007. To be vice admiral HALE AND ENDING WITH NATALIE A. JAGIELLA, WHICH IN THE NAVY REAR ADM. (LH) JEFFREY A. WIERINGA, 0000 NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON JUNE 18, NAVY NOMINATION OF MICHAEL R. MURRAY, 0000, TO THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT 2007. BE CAPTAIN. IN THE UNITED STATES NAVY RESERVE TO THE GRADE AIR FORCE NOMINATIONS BEGINNING WITH ANNE M. NAVY NOMINATION OF CURT W. DODGES, 0000, TO BE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: BEAUDOIN AND ENDING WITH JUSTINA U. PAULINO, CAPTAIN. To be rear admiral WHICH NOMINATIONS WERE RECEIVED BY THE SENATE NAVY NOMINATION OF MICHAEL L. INCZE, 0000, TO BE AND APPEARED IN THE CONGRESSIONAL RECORD ON CAPTAIN. REAR ADM. (LH) JEFFREY A. LEMMONS, 0000 JUNE 18, 2007. NAVY NOMINATION OF SANDRA C. IRWIN, 0000, TO BE REAR ADM. (LH) FRANK F. RENNIE IV, 0000 IN THE ARMY CAPTAIN. REAR ADM. (LH) ROBIN M. WATTERS, 0000 NAVY NOMINATIONS BEGINNING WITH WILLIAM R. IN THE AIR FORCE ARMY NOMINATIONS BEGINNING WITH ERIC D. ADAMS FENICK AND ENDING WITH ISAAC N. SKELTON, WHICH AND ENDING WITH DAVID S. ZUMBRO, WHICH NOMINA- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TIONS WERE RECEIVED BY THE SENATE AND APPEARED PEARED IN THE CONGRESSIONAL RECORD ON MAY 3, 2007. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- IN THE CONGRESSIONAL RECORD ON JANUARY 18, 2007. NAVY NOMINATIONS BEGINNING WITH ROBERT B. CATED UNDER TITLE 10, U.S.C., SECTION 8081: ARMY NOMINATIONS BEGINNING WITH JEFFREY S. CALDWELL, JR. AND ENDING WITH ELLEN E. MOORE, ALMONY AND ENDING WITH DANIEL A. ZELESKI, WHICH WHICH NOMINATIONS WERE RECEIVED BY THE SENATE To be major general NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- AND APPEARED IN THE CONGRESSIONAL RECORD ON BRIG. GEN. GARBETH S. GRAHAM, 0000 PEARED IN THE CONGRESSIONAL RECORD ON JANUARY MAY 3, 2007. 18, 2007. NAVY NOMINATIONS BEGINNING WITH DAWN H. IN THE ARMY ARMY NOMINATION OF KENNETH C. SIMPKISS, 0000, TO DRIESBACH AND ENDING WITH GLENN S. ROSEN, WHICH THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BE LIEUTENANT COLONEL. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- IN THE RESERVE OF THE ARMY TO THE GRADE INDI- ARMY NOMINATIONS BEGINNING WITH ANTHONY G. PEARED IN THE CONGRESSIONAL RECORD ON MAY 3, 2007. CATED UNDER TITLE 10, U.S.C., SECTION 12203: HOFFMAN AND ENDING WITH PATRICIA L. WOOD, WHICH NAVY NOMINATIONS BEGINNING WITH NICHOLAS J. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- CIPRIANO III AND ENDING WITH STEPHEN C. WOLL, To be brigadier general PEARED IN THE CONGRESSIONAL RECORD ON MAY 21, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE 2007. AND APPEARED IN THE CONGRESSIONAL RECORD ON COL. JIMMIE J. WELLS, 0000 ARMY NOMINATIONS BEGINNING WITH ROY V. MAY 3, 2007. IN THE MARINE CORPS MCCARTY AND ENDING WITH HUNG Q. VU, WHICH NOMI- NAVY NOMINATIONS BEGINNING WITH RHETTA R. BAI- NATIONS WERE RECEIVED BY THE SENATE AND AP- LEY AND ENDING WITH KELLY J. WILD, WHICH NOMINA- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PEARED IN THE CONGRESSIONAL RECORD ON MAY 21, TIONS WERE RECEIVED BY THE SENATE AND APPEARED TO THE GRADE OF LIEUTENANT GENERAL IN THE 2007. IN THE CONGRESSIONAL RECORD ON MAY 3, 2007. UNITED STATES MARINE CORPS WHILE ASSIGNED TO A ARMY NOMINATION OF KAREN L. WARE, 0000, TO BE NAVY NOMINATIONS BEGINNING WITH JEFFREY S. POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER MAJOR. COLE AND ENDING WITH TIMOTHY J. WHITE, WHICH TITLE 10, U.S.C., SECTION 601: ARMY NOMINATION OF JEANETTA CORCORAN, 0000, TO NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- To be lieutenant general BE MAJOR. PEARED IN THE CONGRESSIONAL RECORD ON MAY 3, 2007. ARMY NOMINATIONS BEGINNING WITH RICHARD L. NAVY NOMINATIONS BEGINNING WITH BRUCE A. BAS- LT. GEN. EMERSON N. GARDNER, JR., 0000 KLINGLER AND ENDING WITH CARLOS M. GARCIA, WHICH SETT AND ENDING WITH MICHAEL A. YUKISH, WHICH

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NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATIONS BEGINNING WITH SCOT K. ABEL AND APPEARED IN THE CONGRESSIONAL RECORD ON PEARED IN THE CONGRESSIONAL RECORD ON MAY 3, 2007. AND ENDING WITH LELAND D. TAYLOR, WHICH NOMINA- JUNE 4, 2007. NAVY NOMINATIONS BEGINNING WITH JULIE S. TIONS WERE RECEIVED BY THE SENATE AND APPEARED NAVY NOMINATIONS BEGINNING WITH KENNETH W. CHALFANT AND ENDING WITH PAUL J. VANBENTHEM, IN THE CONGRESSIONAL RECORD ON MAY 9, 2007. BOWMAN AND ENDING WITH GARY L. ULRICH, WHICH WHICH NOMINATIONS WERE RECEIVED BY THE SENATE NAVY NOMINATIONS BEGINNING WITH MICHAEL J. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- AND APPEARED IN THE CONGRESSIONAL RECORD ON CERNECK AND ENDING WITH MICHAEL L. PEOPLES, PEARED IN THE CONGRESSIONAL RECORD ON JUNE 4, MAY 3, 2007. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE 2007. NAVY NOMINATIONS BEGINNING WITH DANIEL J. AND APPEARED IN THE CONGRESSIONAL RECORD ON NAVY NOMINATIONS BEGINNING WITH HSINGCHIEN J. MACDONNELL AND ENDING WITH MICHAEL J. WILKINS, MAY 9, 2007. CHENG AND ENDING WITH BRADLEY S. TROTTER, WHICH WHICH NOMINATIONS WERE RECEIVED BY THE SENATE NAVY NOMINATIONS BEGINNING WITH JOHN W. CHAN- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- AND APPEARED IN THE CONGRESSIONAL RECORD ON DLER AND ENDING WITH JAMES A. SULLIVAN, WHICH PEARED IN THE CONGRESSIONAL RECORD ON JUNE 4, MAY 3, 2007. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- 2007. NAVY NOMINATIONS BEGINNING WITH HARRY S. PEARED IN THE CONGRESSIONAL RECORD ON MAY 9, 2007. NAVY NOMINATIONS BEGINNING WITH NORMAN J. DELOACH AND ENDING WITH MARK Q. SCHWARTZEL, NAVY NOMINATIONS BEGINNING WITH ARNE J. ANDER- ARANDA AND ENDING WITH SARAH E. SUPNICK, WHICH WHICH NOMINATIONS WERE RECEIVED BY THE SENATE SON AND ENDING WITH KEVIN E. ZAWACKI, WHICH NOMI- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- AND APPEARED IN THE CONGRESSIONAL RECORD ON NATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON JUNE 4, MAY 3, 2007. PEARED IN THE CONGRESSIONAL RECORD ON MAY 9, 2007. 2007. NAVY NOMINATIONS BEGINNING WITH PATRICIA A. NAVY NOMINATIONS BEGINNING WITH KENNETH NAVY NOMINATIONS BEGINNING WITH LEIGH P. BRADY AND ENDING WITH MELVIN D. SMITH, WHICH BRANHAM AND ENDING WITH KEVIN J. MCGOVERN, ACKART AND ENDING WITH KURT E. WAYMIRE, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON JUNE 4, AND APPEARED IN THE CONGRESSIONAL RECORD ON PEARED IN THE CONGRESSIONAL RECORD ON MAY 9, 2007. 2007. MAY 3, 2007. NAVY NOMINATIONS BEGINNING WITH PIUS A. NAVY NOMINATIONS BEGINNING WITH NATHAN L. NAVY NOMINATIONS BEGINNING WITH STEVEN P. AIYELAWO AND ENDING WITH PENNY E. WALTER, WHICH AMMONS III AND ENDING WITH DANIEL W. STEHLY, CLANCY AND ENDING WITH STEWART B. WHARTON III, NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE WHICH NOMINATIONS WERE RECEIVED BY THE SENATE PEARED IN THE CONGRESSIONAL RECORD ON MAY 9, 2007. AND APPEARED IN THE CONGRESSIONAL RECORD ON AND APPEARED IN THE CONGRESSIONAL RECORD ON NAVY NOMINATIONS BEGINNING WITH WENDY M. JUNE 4, 2007. MAY 3, 2007. BORUSZEWSKI AND ENDING WITH PATRICIA A. TORDIK, NAVY NOMINATION OF CARLOS E. GOMEZ-SANCHEZ, NAVY NOMINATIONS BEGINNING WITH JAMES A. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE 0000, TO BE LIEUTENANT COMMANDER. ALBANI AND ENDING WITH ROBERT R. YOUNG, WHICH AND APPEARED IN THE CONGRESSIONAL RECORD ON NAVY NOMINATIONS BEGINNING WITH SCOTT F. ADAMS NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- MAY 9, 2007. AND ENDING WITH WILLIAM A. ZIRZOW IV, WHICH NOMI- PEARED IN THE CONGRESSIONAL RECORD ON MAY 3, 2007. NAVY NOMINATIONS BEGINNING WITH CHERIE L. BARE NATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATIONS BEGINNING WITH PATRICK J. BAR- AND ENDING WITH KATHRYN A. SUMMERS, WHICH NOMI- PEARED IN THE CONGRESSIONAL RECORD ON JUNE 18, RETT AND ENDING WITH JEANNINE E. SNOW, WHICH NATIONS WERE RECEIVED BY THE SENATE AND AP- 2007. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON MAY 9, 2007. PEARED IN THE CONGRESSIONAL RECORD ON MAY 3, 2007. NAVY NOMINATIONS BEGINNING WITH DARIUS BANAJI f NAVY NOMINATIONS BEGINNING WITH BETH Y. AHERN AND ENDING WITH MICHAEL D. WILLIAMSON, WHICH AND ENDING WITH DANIEL E. ZIMBEROFF, WHICH NOMI- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON MAY 9, 2007. WITHDRAWALS PEARED IN THE CONGRESSIONAL RECORD ON MAY 3, 2007. NAVY NOMINATIONS BEGINNING WITH CHARLES S. NAVY NOMINATIONS BEGINNING WITH STEVEN D. CLECKLER AND ENDING WITH PATRICK P. WHITSELL, Executive Message transmitted by BROWN AND ENDING WITH MARK G. STEINER, WHICH WHICH NOMINATIONS WERE RECEIVED BY THE SENATE the President to the Senate on June 28, NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- AND APPEARED IN THE CONGRESSIONAL RECORD ON PEARED IN THE CONGRESSIONAL RECORD ON MAY 9, 2007. JUNE 4, 2007. 2007 withdrawing from further Senate NAVY NOMINATIONS BEGINNING WITH RICHARD K. NAVY NOMINATIONS BEGINNING WITH RANDY L. QUINN consideration the following nomina- GIROUX AND ENDING WITH DENISE E. STICH, WHICH AND ENDING WITH SMITH S. B. WALL, WHICH NOMINA- tions: NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- TIONS WERE RECEIVED BY THE SENATE AND APPEARED PEARED IN THE CONGRESSIONAL RECORD ON MAY 9, 2007. IN THE CONGRESSIONAL RECORD ON JUNE 4, 2007. JOHN RAY CORRELL, OF INDIANA, TO BE DIRECTOR OF NAVY NOMINATIONS BEGINNING WITH MARK A. ADMI- NAVY NOMINATIONS BEGINNING WITH DAVID A. THE OFFICE OF SURFACE MINING RECLAMATION AND RAL AND ENDING WITH DANIEL F. VERHEUL, WHICH ARZOUMAN AND ENDING WITH GREGG WOLFF, WHICH ENFORCEMENT, VICE JEFFREY D. JARRETT, WHICH WAS NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- SENT TO THE SENATE ON JANUARY 9, 2007. PEARED IN THE CONGRESSIONAL RECORD ON MAY 9, 2007. PEARED IN THE CONGRESSIONAL RECORD ON JUNE 4, DALE CABANISS, OF VIRGINIA, TO BE A MEMBER OF NAVY NOMINATIONS BEGINNING WITH MICHAEL D. AN- 2007. THE FEDERAL LABOR RELATIONS AUTHORITY FOR A DERSON AND ENDING WITH BRUCE C. URBON, WHICH NAVY NOMINATIONS BEGINNING WITH CHRISTINA M. TERM OF FIVE YEARS EXPIRING JULY 29, 2012. (RE- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ALVARADO AND ENDING WITH JOHN ZDENCANOVIC, APPOINTMENT), WHICH WAS SENT TO THE SENATE ON PEARED IN THE CONGRESSIONAL RECORD ON MAY 9, 2007. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE MARCH 12, 2007.

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