[Congressional Record Volume 153, Number 5 (Wednesday, January 10, 2007)]
[Senate]
[Pages S319-S345]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        LEGISLATIVE TRANSPARENCY AND ACCOUNTABILITY ACT OF 2007

  The ACTING PRESIDENT pro tempore. Under the previous order, the 
Senate will resume consideration of S. 1, which the clerk will report 
by title.
  The assistant legislative clerk read as follows:

       A bill (S. 1) to provide greater transparency in the 
     legislative process.

  Pending:

       Reid amendment No. 3, in the nature of a substitute.
       Reid amendment No. 4 (to amendment No. 3), to strengthen 
     the gift and travel bans.
       Vitter amendment No. 5 (to amendment No. 3), to modify the 
     application of the Federal Election Campaign Act of 1971 to 
     Indian tribes.
       Vitter amendment No. 6 (to amendment No. 3), to prohibit 
     authorized committees and leadership PACs from employing the 
     spouse or immediate family members of any candidate or 
     Federal office holder connected to the committee.
       Vitter amendment No. 7 (to amendment No. 3), to amend the 
     Ethics in Government Act of 1978 to establish criminal 
     penalties for knowingly and willfully falsifying or failing 
     to file or report certain information required to be reported 
     under that Act.

  The ACTING PRESIDENT pro tempore. The Senator from Connecticut is 
recognized.
  Mr. LIEBERMAN. Mr. President, I am privileged to be able to manage 
the bill for part of today. Senator Feinstein and I--she is the chair 
of the Rules Committee, and I, in my capacity as chair of the Homeland 
Security and Governmental Affairs Committee, will be alternating on our 
side. I am honored to do that.
  I would say that after a day, we are off to a good start in our 
consideration of S. 1, the bill before us. The majority and minority 
leaders, Senators Reid and McConnell, laid down yesterday a bipartisan 
substitute amendment that improves what was already a strong bill, S. 
1, and I know a number of other Senators have come to the floor to file 
or offer amendments. It is good to proceed in that way.
  We have a bill before us which fortunately has strong bipartisan 
support, and it is certainly my hope, and I know the hope of managers 
on both sides, and the leaders, that we can move along with the 
consideration of these amendments so that we will complete this bill in 
the timeframe laid out by the majority leader, which is the end of next 
week. This will be not just auspicious but a meaningful, bipartisan way 
to begin this 110th Congress.
  I wish to speak in strong support of the comprehensive substitute 
that was laid down and offered by the majority and minority leaders 
yesterday. I am pleased to join as a sponsor of that amendment. The 
underlying text of S. 1 is already a sweeping reform of ethics rules 
and lobbying regulations, and the substitute takes us even further in 
strengthening those reforms. I would like to focus on a few of the 
additional improvements made by the substitute.
  The substitute will clarify and strengthen the provisions in the 
underlying bill that require, for the first time, lobbyists to report 
on campaign contributions and travel they arrange for Members of 
Congress--for the first time. We also will require lobbyists to 
disclose contributions to Presidential libraries and inaugural 
committees. This is an extension of one of the basic building blocks of 
this reform, which is disclosure, transparency, shining the sunshine on 
what is happening here so the public, the media, and Congress itself 
will be better informed and can take appropriate action. These 
disclosures will provide a fuller picture of the relationships between 
those who lobby and those who are lobbied in the Congress and in the 
executive branch.
  The substitute also creates a new criminal penalty for violations of 
the

[[Page S320]]

Lobbying Disclosure Act. While the underlying bill, S. 1, already 
doubles the amount of civil penalties that may be imposed, a criminal 
penalty will strengthen the hand of the Department of Justice in 
pursuing and punishing the most egregious violations.
  The substitute will also tighten the revolving door rules by 
prohibiting Senators from negotiating for jobs as lobbyists while they 
are still in office. We will also require senior Senate staff to report 
to the Ethics Committee when they are negotiating for employment so 
that the Ethics Committee can identify any conflicts of interest and 
require staff to recuse themselves while they are still employed by the 
Senate from working on issues that may present conflicts of interest 
with those with whom they are negotiating.
  The substitute will also provide new rules on evaluation of tickets 
to sporting and entertainment events. Why, one may ask, would we need 
that provision if the underlying bill already bans gifts from lobbyists 
to Members? The reason is there has been a concern that there could be 
an end run around this ban, and this provision will prevent any 
lobbyist who might think of doing so from selling tickets to Members or 
staff at a steeply discounted price, which would effectively be a gift 
because the discount itself would be a benefit in and of itself.

  The substitute also improves the provisions in S. 1 that provide 
transparency for the earmark process. The substitute will strengthen 
and clarify the definition of an earmark, to make sure that it includes 
targeted tax benefits and targeted tariff benefits. These are obviously 
matters of great importance and of value. A targeted tax benefit, which 
is to say a tax cut or a credit, or a tariff benefit often has as much 
value, and many times has more value, than a specific earmarked 
appropriation. So the substitute now strengthens and clarifies the 
definition of ``earmark'' to include those benefits.
  The improved definition makes clear that earmarks, as in the bill, 
include earmarks to non-Federal entities when the money is first 
funneled through a Federal entity. That provision addresses what some 
perceive and have said is a weakness in the earmark provisions in the 
underlying bill.
  All of this is an attempt by this body to take hold of the earmark 
process that was abused by some in the ethical scandals that have 
occurred here in Congress, and more generally is blamed by others for 
an escalation in the cost of Government without covering those costs.
  I have always believed you have to be direct and forthright about 
this issue. It is not that all earmarks are evil. There are good 
earmarks and bad earmarks, and there are limits to the earmarks we want 
to provide simply because we can't afford to provide beyond that. The 
attempt of S. 1 and the substitute laid down by Senators Reid and 
McConnell is not to stop earmarks but to create transparency, 
disclosure, and a process by which the full body will be both aware of 
the earmarks and able to challenge them if an individual Senator or 
Senators desire.
  The substitute also contains a sense of the Senate on fair and open 
procedures for conference committees, and this also relates to how 
earmarks are handled. The substitute also amends the Senate rules to 
make clear that no changes may be made to conference reports after the 
reports have been signed by the conferees. This is obviously the 
concern, unfortunately based in fact, that, after a conference report, 
including one signed by the conferees, either staff or Members in high 
positions have been able to insert items, earmarks, into those 
conference reports, which obviously suppresses not only the public's 
right to know but the Members' right to know. This substitute will now 
make clear that no changes of that kind can be made.

  I am disappointed that the substitute does not include some 
additional gift and travel rules. I believe there is strong bipartisan 
support for some of the measures I have in mind. That is why I intend 
to support the majority leader when he offers an amendment to pass the 
gift and travel provisions to which I am referring in a separate 
amendment. The House already has passed strict gift and travel rules, 
and I personally hope the Senate will follow suit.
  I am also very pleased that the majority leader has included in this 
amendment that I referred to an additional amendment, a strong 
provision on the use of corporate jets. This is a controversial, 
difficult matter. It is an issue that Senators McCain, Feingold, Obama, 
and I wanted to pursue last year when we took this up essentially in 
its predecessor form, but we were unable to do so once cloture was 
reached on the bill because the amendment was determined to be 
nongermane.
  Under current law this is the reality. When a Member of Congress or a 
candidate for Federal office uses a private plane instead of flying on 
a commercial airline, the ethics rules, as well as the Federal Election 
Commission rules, require a payment to the owner of the plane 
equivalent to a first-class commercial ticket. The current rules 
undervalue flights on noncommercial jets and provide, in effect, a way 
for corporations and individuals to give benefits to Members beyond the 
limits provided for in our campaign finance laws. The Reid amendment 
would eliminate that loophole by requiring that the reimbursement be 
based on the comparable charter rate for a plane.
  I know there are strong feelings on both sides of that. I appreciate 
that Senator Reid will put that before the Senate. I look forward to 
supporting him in it.
  We have some very strong reform proposals before the Senate. We are 
off to a good beginning. We have a lot more work to do, and I hope my 
colleagues will come to the floor and offer their amendments so we can 
get this all done by the end of next week.
  I suggest the absence of a quorum.
  Mr. DeMINT. Will the Senator withhold his request?
  Mr. LIEBERMAN. I note the presence of the Senator from South Carolina 
on the floor of the Senate, and I will yield to him at this time. I 
withdraw my request for a quorum call.
  The ACTING PRESIDENT pro tempore. The request is withdrawn. The 
Senator from South Carolina is recognized.
  Mr. DeMINT. Mr. President, I ask unanimous consent to set the pending 
amendment aside and I be permitted to offer four amendments.
  The ACTING PRESIDENT pro tempore. Is there objection to the request? 
Hearing no objection, it is so ordered.


     Amendments Nos. 11, 12, 13, and 14 to Amendment No. 3 en bloc

  Mr. DeMint. Mr. President, I have four amendments at the desk.
  The ACTING PRESIDENT pro tempore. The clerk will report the 
amendments by number.
  The assistant legislative clerk read as follows:

       The Senator from South Carolina [Mr. DeMINT] proposes 
     amendments numbered 11, 12, 13, and 14 to amendment No. 3 en 
     bloc.

  Mr. DeMINT. I ask unanimous consent the reading of the amendments be 
dispensed with.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The amendments are as follows:


                            AMENDMENT NO. 11

              (Purpose: To strengthen the earmark reform)

       Strike section 103 and insert the following:

     SEC. 103. CONGRESSIONAL EARMARK REFORM.

       The Standing Rules of the Senate are amended by adding at 
     the end the following:

                               RULE XLIV

                                earmarks

       ``1. It shall not be in order to consider--
       ``(a) a bill or joint resolution reported by a committee 
     unless the report includes a list of congressional earmarks, 
     limited tax benefits, and limited tariff benefits in the bill 
     or in the report (and the name of any Member who submitted a 
     request to the committee for each respective item included in 
     such list) or a statement that the proposition contains no 
     congressional earmarks, limited tax benefits, or limited 
     tariff benefits;
       ``(b) a bill or joint resolution not reported by a 
     committee unless the chairman of each committee of 
     jurisdiction has caused a list of congressional earmarks, 
     limited tax benefits, and limited tariff benefits in the bill 
     (and the name of any Member who submitted a request to the 
     committee for each respective item included in such list) or 
     a statement that the proposition contains no congressional 
     earmarks, limited tax benefits, or limited tariff benefits to 
     be printed in the Congressional Record prior to its 
     consideration; or
       ``(c) a conference report to accompany a bill or joint 
     resolution unless the joint explanatory statement prepared by 
     the managers on the part of the House and the managers on the 
     part of the Senate includes a

[[Page S321]]

     list of congressional earmarks, limited tax benefits, and 
     limited tariff benefits in the conference report or joint 
     statement (and the name of any Member, Delegate, Resident 
     Commissioner, or Senator who submitted a request to the House 
     or Senate committees of jurisdiction for each respective item 
     included in such list) or a statement that the proposition 
     contains no congressional earmarks, limited tax benefits, or 
     limited tariff benefits.
       ``2. For the purpose of this rule--
       ``(a) the term `congressional earmark' means a provision or 
     report language included primarily at the request of a 
     Member, Delegate, Resident Commissioner, or Senator 
     providing, authorizing or recommending a specific amount of 
     discretionary budget authority, credit authority, or other 
     spending authority for a contract, loan, loan guarantee, 
     grant, loan authority, or other expenditure with or to an 
     entity, or targeted to a specific State, locality or 
     Congressional district, other than through a statutory or 
     administrative formula-driven or competitive award process;
       ``(b) the term `limited tax benefit' means--
       ``(1) any revenue-losing provision that--
       ``(A) provides a Federal tax deduction, credit, exclusion, 
     or preference to 10 or fewer beneficiaries under the Internal 
     Revenue Code of 1986; and
       ``(B) contains eligibility criteria that are not uniform in 
     application with respect to potential beneficiaries of such 
     provision; or
       ``(2) any Federal tax provision which provides one 
     beneficiary temporary or permanent transition relief from a 
     change to the Internal Revenue Code of 1986; and
       ``(c) the term `limited tariff benefit' means a provision 
     modifying the Harmonized Tariff Schedule of the United States 
     in a manner that benefits 10 or fewer entities.
       ``3. A Member may not condition the inclusion of language 
     to provide funding for a congressional earmark, a limited tax 
     benefit, or a limited tariff benefit in any bill or joint 
     resolution (or an accompanying report) or in any conference 
     report on a bill or joint resolution (including an 
     accompanying joint explanatory statement of managers) on any 
     vote cast by another Member, Delegate, or Resident 
     Commissioner.
       ``4. (a) A Member who requests a congressional earmark, a 
     limited tax benefit, or a limited tariff benefit in any bill 
     or joint resolution (or an accompanying report) or in any 
     conference report on a bill or joint resolution (or an 
     accompanying joint statement of managers) shall provide a 
     written statement to the chairman and ranking member of the 
     committee of jurisdiction, including--
       ``(1) the name of the Member;
       ``(2) in the case of a congressional earmark, the name and 
     address of the intended recipient or, if there is no 
     specifically intended recipient, the intended location of the 
     activity;
       ``(3) in the case of a limited tax or tariff benefit, 
     identification of the individual or entities reasonably 
     anticipated to benefit, to the extent known to the Member;
       ``(4) the purpose of such congressional earmark or limited 
     tax or tariff benefit; and
       ``(5) a certification that the Member or spouse has no 
     financial interest in such congressional earmark or limited 
     tax or tariff benefit.
       ``(b) Each committee shall maintain the written statements 
     transmitted under subparagraph (a). The written statements 
     transmitted under subparagraph (a) for any congressional 
     earmarks, limited tax benefits, or limited tariff benefits 
     included in any measure reported by the committee or 
     conference report filed by the chairman of the committee or 
     any subcommittee thereof shall be published in a searchable 
     format on the committee's or subcommittee's website not later 
     than 48 hours after receipt on such information.''.


                            AMENDMENT NO. 12

 (Purpose: To clarify that earmarks added to a conference report that 
 are not considered by the Senate or the House of Representatives are 
                             out of scope)

       At the appropriate place, insert the following:

     SEC. __. EARMARKS OUT OF SCOPE.

       Any earmark that was not committed to conference by either 
     the House of Representatives or the Senate in their 
     disagreeing votes on a measure shall be considered out of 
     scope under rule XXVIII of the Standing Rules of the Senate 
     and section 102 of this Act if contained in a conference 
     report on that measure.


                            AMENDMENT NO. 13

               (Purpose: To prevent Government shutdowns)

       At the appropriate place, insert the following:

     SEC. ___. AMENDMENT TO TITLE 31.

       (a) In General.--Chapter 13 of title 31, United States 
     Code, is amended by inserting after section 1310 the 
     following new section:

     ``Sec. 1311. Continuing appropriations

       ``(a)(1) If any regular appropriation bill for a fiscal 
     year (or, if applicable, for each fiscal year in a biennium) 
     does not become law before the beginning of such fiscal year 
     or a joint resolution making continuing appropriations is not 
     in effect, there are appropriated, out of any money in the 
     Treasury not otherwise appropriated, and out of applicable 
     corporate or other revenues, receipts, and funds, such sums 
     as may be necessary to continue any project or activity for 
     which funds were provided in the preceding fiscal year--
       ``(A) in the corresponding regular appropriation Act for 
     such preceding fiscal year; or
       ``(B) if the corresponding regular appropriation bill for 
     such preceding fiscal year did not become law, then in a 
     joint resolution making continuing appropriations for such 
     preceding fiscal year.
       ``(2) Appropriations and funds made available, and 
     authority granted, for a project or activity for any fiscal 
     year pursuant to this section shall be at a rate of 
     operations not in excess of the lower of--
       ``(A) the rate of operations provided for in the regular 
     appropriation Act providing for such project or activity for 
     the preceding fiscal year;
       ``(B) in the absence of such an Act, the rate of operations 
     provided for such project or activity pursuant to a joint 
     resolution making continuing appropriations for such 
     preceding fiscal year;
       ``(C) the rate of operations provided for in the regular 
     appropriation bill as passed by the House of Representatives 
     or the Senate for the fiscal year in question, except that 
     the lower of these two versions shall be ignored for any 
     project or activity for which there is a budget request if no 
     funding is provided for that project or activity in either 
     version; or
       ``(D) the annualized rate of operations provided for in the 
     most recently enacted joint resolution making continuing 
     appropriations for part of that fiscal year or any funding 
     levels established under the provisions of this Act.
       ``(3) Appropriations and funds made available, and 
     authority granted, for any fiscal year pursuant to this 
     section for a project or activity shall be available for the 
     period beginning with the first day of a lapse in 
     appropriations and ending with the earlier of--
       ``(A) the date on which the applicable regular 
     appropriation bill for such fiscal year becomes law (whether 
     or not such law provides for such project or activity) or a 
     continuing resolution making appropriations becomes law, as 
     the case may be; or
       ``(B) the last day of such fiscal year.
       ``(b) An appropriation or funds made available, or 
     authority granted, for a project or activity for any fiscal 
     year pursuant to this section shall be subject to the terms 
     and conditions imposed with respect to the appropriation made 
     or funds made available for the preceding fiscal year, or 
     authority granted for such project or activity under current 
     law.
       ``(c) Appropriations and funds made available, and 
     authority granted, for any project or activity for any fiscal 
     year pursuant to this section shall cover all obligations or 
     expenditures incurred for such project or activity during the 
     portion of such fiscal year for which this section applies to 
     such project or activity.
       ``(d) Expenditures made for a project or activity for any 
     fiscal year pursuant to this section shall be charged to the 
     applicable appropriation, fund, or authorization whenever a 
     regular appropriation bill or a joint resolution making 
     continuing appropriations until the end of a fiscal year 
     providing for such project or activity for such period 
     becomes law.
       ``(e) This section shall not apply to a project or activity 
     during a fiscal year if any other provision of law (other 
     than an authorization of appropriations)--
       ``(1) makes an appropriation, makes funds available, or 
     grants authority for such project or activity to continue for 
     such period; or
       ``(2) specifically provides that no appropriation shall be 
     made, no funds shall be made available, or no authority shall 
     be granted for such project or activity to continue for such 
     period.
       ``(f) For purposes of this section, the term `regular 
     appropriation bill' means any annual appropriation bill 
     making appropriations, otherwise making funds available, or 
     granting authority, for any of the following categories of 
     projects and activities:
       ``(1) Agriculture, Rural Development, Food and Drug 
     Administration, and Related Agencies.
       ``(2) Commerce, Justice, Science, and Related Agencies.
       ``(3) Defense.
       ``(4) Energy and Water Development.
       ``(5) Financial Services and General Government.
       ``(6) Homeland Security.
       ``(7) Interior, Environment, and Related Agencies.
       ``(8) Labor, Health and Human Services, Education, and 
     Related Agencies.
       ``(9) Legislative Branch.
       ``(10) Military Construction, Veterans' Affairs, and 
     Related Agencies.
       ``(11) State, Foreign Operations, and Related Programs.
       ``(12) Transportation, Housing and Urban Development, and 
     Related Agencies.''.
       (b) Clerical Amendment.--The analysis of chapter 13 of 
     title 31, United States Code, is amended by inserting after 
     the item relating to section 1310 the following new item:

``1311. Continuing appropriations''.


                            AMENDMENT NO. 14

(Purpose: To protect individuals from having their money involuntarily 
        collected and used for lobbying by a labor organization)

       At the appropriate place, insert the following:

[[Page S322]]

     SEC. __. PROTECTION OF WORKERS' POLITICAL RIGHTS.

       Title III of the Labor Management Relations Act, 1947 (29 
     U.S.C. 185 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 304. PROTECTION OF WORKER'S POLITICAL RIGHTS.

       ``(a) Prohibition.--Except with the separate, prior, 
     written, voluntary authorization of an individual, it shall 
     be unlawful for any labor organization to collect from or 
     assess its members or nonmembers any dues, initiation fee, or 
     other payment if any part of such dues, fee, or payment will 
     be used to lobby members of Congress or Congressional staff 
     for the purpose of influencing legislation.
       ``(b) Authorization.--An authorization described in 
     subsection (a) shall remain in effect until revoked and may 
     be revoked at any time.''.

  Mr. DeMINT. Mr. President, I thank the Senators from Connecticut and 
Utah for working with me to get the time to offer these amendments. 
When similar legislation was considered last year, I voted against it 
because I believed it did not do enough in the way of earmark reform. I 
believe the same is true for the substitute that is before us today, 
and I am offering these amendments to strengthen the bill and try to 
get it to the point where I can support it.
  My first amendment would enhance the disclosure requirements for 
congressional earmarks, for limited tax benefits, and limited tariff 
benefits to match those proposed in the other body by Speaker of the 
House Nancy Pelosi. The earmark definition in the substitute is 
woefully inadequate. It exempts earmarks for Federal entities as well 
as earmarks in report language.
  According to the Congressional Research Service, more than 95 percent 
of all earmarks in fiscal year 2006 were found in report language, not 
in the bill text. In effect, disclosure requirements in the substitute 
could conceivably apply to only 5 out of every 100 earmarks.
  The definition of a targeted tax benefit in the substitute also falls 
short, as it never explicitly defines what constitutes a limited group 
of taxpayers. Speaker Pelosi's language, however, explicitly defines a 
limited tax benefit as one that is targeted to 10 or fewer 
beneficiaries.
  I do not always agree with Speaker Pelosi, but on this issue we are 
in full agreement. The earmark definition agreed to in the House is by 
far the most comprehensive definition that is currently being debated, 
and I encourage my colleagues to support it.
  My second amendment would clarify that earmarks that were not in 
either the House or Senate version of the bill are out of scope when 
they are added in a conference report. As my colleagues know, a lot of 
earmarks find their way into conference reports where they cannot be 
voted on. This circumvents the legislative process, and it fosters 
abuse of taxpayer dollars. I am pleased that the substitute partly 
addresses this problem by creating a new 60-vote point of order against 
matters that are out of scope. This was designed to allow Members to 
object to out-of-scope earmarks and have them removed from the 
conference report, but the Senate Parliamentarian does not believe this 
provision is enforceable against earmarks specifically.
  My amendment would clarify that out-of-scope earmarks are subject to 
this new point of order in the Senate bill as well as rule XXVIII of 
the Standing Rules of the Senate, which prohibits adding out-of-scope 
matters in conference. I believe this is the true intent of the 
substitute, and I strongly encourage my colleagues to support it.
  My third amendment would prevent the Government from shutting down 
when regular appropriations bills are not enacted. It would do so by 
automatically triggering a continuing resolution that funds agencies at 
current levels for up to a year. The amendment would begin automatic 
funding on the first day of a lapse in appropriations, and it would end 
on the day the regular appropriations bill becomes law or the last day 
of the fiscal year, whichever comes first. This would eliminate the 
must-pass nature associated with regular appropriations bills which 
often pressure lawmakers into accepting spending bills with 
objectionable earmarks.
  I understand that the Democratic leader intends to get all of the 
appropriations bills done before the end of the fiscal year, but there 
are always unforeseeable events that must be dealt with, and there is 
always a chance that we will be faced with having to pass a bad bill or 
allowing parts of the Government to shut down. I certainly do not 
support Government shutdowns, and I know my colleagues do not either. 
My amendment would create a safety net that would avoid the crisis 
situations that often pressure lawmakers into supporting spending bills 
that they would not otherwise support. This is a commonsense proposal, 
and I encourage my colleagues to support it.
  My fourth amendment would prevent labor unions from using a member's 
dues to lobby Congress without the prior separate and written consent 
of that member. Union dues, like taxes, are compulsory for union 
members. We all believe Congress must be transparent and accountable in 
the way it spends tax dollars, and we should all support making unions 
transparent and accountable in the way they spend members' dues. 
Federal tax dollars cannot be used for lobbying but compulsory union 
dues can be used for lobbying. This is a real problem because it forces 
union workers to pay for lobbying with which they may not agree. If 
someone is a member of a trade association and they disagree with the 
actions of that group, they can always stop paying their dues. This 
freedom is not afforded to union workers.
  I tried on several occasions last year to pass legislation that would 
bar criminals convicted of serious felonies from gaining secure access 
to our ports. This proposal is essential to protecting our Nation from 
future terrorist attacks, and it is overwhelmingly supported by 
Americans. But the measure was killed by several unions that lobbied 
against it, and they killed it with dues that they forced union workers 
to pay without their consent.
  My amendment simply requires consent from union members before his or 
her dues may be used to lobby Congress. My amendment has nothing to do 
with political contributions. That is a debate for another day. But as 
long as unions force workers to pay dues as a condition of employment, 
they should get consent from their members before they use those dues 
to lobby Congress. My amendment would ensure that voluntary 
contributions will be the only contributions that can go toward 
lobbying Congress.
  I thank the managers again for working with me to get these 
amendments called up so our colleagues can begin reviewing them. I 
would be pleased to work with the managers in scheduling additional 
time to debate and vote on these amendments.
  I yield and suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. VITTER. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Carper). Without objection, it is so 
ordered.


                            Amendment No. 9

  Mr. VITTER. Mr. President, I ask unanimous consent to call up my 
amendment No. 9 which is at the desk.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Louisiana [Mr. Vitter] for himself and Mr. 
     Inhofe, proposes an amendment numbered 9 to amendment No. 3.

  Mr. VITTER. I ask unanimous consent to waive the reading of the 
amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

 (Purpose: To place certain restrictions on the ability of the spouses 
                of Member of Congress to lobby Congress)

       On page 51, between lines 12 and 13, insert the following:

     SEC. 242. SPOUSE LOBBYING MEMBER.

       (a) In General.--Section 207(e) of title 18, United States 
     Code, as amended by section 241, is further amended by adding 
     at the end the following:
       ``(5) Spouses.--Any person who is the spouse of a Member of 
     Congress and who was not serving as a registered lobbyist at 
     least 1 year prior to the election of that Member of Congress 
     to office and who, after the election of such Member, 
     knowingly lobbies on behalf of a client for compensation any 
     Member of Congress or is associated with any such lobbying 
     activity by an employer of

[[Page S323]]

     that spouse shall be punished as provided in section 216 of 
     this title.''.
       (b) Grandfather Provision.--The amendment made by 
     subsection (a) shall not apply to any spouse of a Member of 
     Congress serving as a registered lobbyist on the date of 
     enactment of this Act.

  Mr. VITTER. Mr. President, I thank the leaders, the floor managers, 
all those involved in this important debate for putting this front and 
center of our business in the new Congress. It is very appropriate we 
do so.
  I hope we all recognize, after the last few years, we need a very 
focused, sincere, determined effort to strengthen the law, strengthen 
enforcement, and rebuild the confidence of the American people in our 
institutions.
  These two amendments that I bring to the Senate I hope will do that. 
They are part of a package I have introduced, along with three 
amendments I introduced and talked about briefly yesterday.
  Let me get to this first amendment today. It is a very simple, 
straightforward idea to address what, unfortunately, is a very real 
issue and a very real cause for concern by the American people. That is 
the practice, in some cases, of spouses of Members of the House and 
Senate being registered lobbyists, making large amounts of money in 
that profession, lobbying at the same time they are a spouse of a 
Member of the House or a Member of the Senate. My amendment is very 
straightforward and says we will not allow that.
  The underlying bill addresses that in a very narrow way, to say that 
spouses in that situation can't directly lobby their own spouse or that 
Members' office. That is great, but clearly a person in that 
situation--a Senate spouse, a House spouse--has enormous entre to other 
Members, to other offices. My amendment is broader and says we are not 
going to allow that. Spouses of sitting Members of the House and Senate 
cannot lobby.
  Unfortunately, I wish history was such that Members could argue this 
is a solution looking for a problem. That is not the case. This 
happens. It has happened. It has clearly been abused. There have been 
instances that have been reported that have caused great legitimate 
alarm and concern by the American people of this being abused. This has 
come to light in the last several years. Spouses making large amounts 
of money, bringing that income to the family bank account--obviously, 
the Member of Congress is part of it, participates in it--from 
lobbying.
  There is a situation with two fundamental problems. One is a lobbyist 
spouse clearly having extraordinary access to other Members and their 
offices. That is one real problem. The second real problem is maybe 
even more significant. That is the opportunity for significant moneyed 
interests, special interests, whatever you want to call it, to be able 
to write a check, a big check, in the form of a salary that goes 
directly into a Member's family bank account through the spouse. That 
is a practice that has been used and abused in the recent past. Again, 
this is not a solution looking for a problem.
  We, also, point out there is an exception in my amendment. I debated 
whether to include this exception. I can make an argument that we 
should not even allow this exception, but to bend over backwards, to be 
fair, to answer some concerns of other Members, I included the 
exception. It says, if this lobbyist spouse was a lobbyist more than a 
year before the Member was first elected to the Congress, they can 
continue with that activity. In other words, someone who legitimately 
built up a career well before that marriage was ever seriously 
contemplated, can continue. Again, I can make an argument of no 
exceptions, but in the interest of bending over backward to meet some 
legitimate questions, I included that exception.
  I hope all Members of the Senate, Republican and Democrat, will 
carefully look at this amendment and support it. This has been and is a 
practice. It has been used and abused in the past. It has clearly 
caused serious concerns among the American people. It has been in press 
reports and other disclosures in the last couple of years.
  To say we are doing wholesale lobbying and ethics reform, and, oh, by 
the way, we are not going to touch this, we are going to forget about 
this, would make a folly of the whole exercise. I encourage all Members 
of the Senate to support this concept.
  Let's make a clear-cut rule. Let's get rid of this clear conflict of 
interest to potential abuses, unusual access to Members, as well as the 
possibility of special interests basically being able to write a big 
check directly into a Member's family bank account.


                  Amendment No. 10 to Amendment No. 3

  With that, Mr. President, I ask unanimous consent to temporarily set 
aside that amendment and call up my second amendment of the day, 
amendment No. 10.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Louisiana [Mr. Vitter] proposes an 
     amendment numbered 10 to amendment No. 3.

  Mr. VITTER. Mr. President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

 (Purpose: To increase the penalty for failure to comply with lobbying 
                        disclosure requirements)

       On page 34, line 5, strike ``$100,000'' and insert 
     ``$200,000''.

  Mr. VITTER. Mr. President, I think this amendment also addresses an 
important issue in this ethics and lobbying reform debate; that is, the 
significance of the penalties involved for serious violations.
  This amendment is very straightforward. It says that registered 
lobbyists who fail to comply with the Lobbying Disclosure Act--and 
after that is called to their attention, and then they fail to remedy 
the situation, fail to fix it, fail to follow other aspects of the 
law--the maximum penalty can be $200,000. Current law, right now, is 
$50,000. I simply think that is too low for the most serious violations 
of the Lobbying Disclosure Act, considering that in virtually all of 
these cases the lobbyist is given notice and allowed to correct the 
situation before we ever get to this sort of very serious penalty.
  The underlying bill on the floor, as I understand it, will propose to 
increase the current law penalty from $50,000 to $100,000. I think that 
is obviously movement in the right direction but not far enough. My 
amendment would propose changing current law from a maximum penalty of 
$50,000 to $200,000.
  Again, let me emphasize a couple things. I think there is the wide 
and correct perception by the American people that in a lot of these 
cases you have a law, you have a violation, and it just ends up being a 
slap on the wrist--the cost of doing business to a lobbyist who is 
making millions. I think that is true in many cases. That is a real 
defect in the law. We need to correct that.
  Secondly, we are talking about a maximum penalty--up to $200,000. It 
does not mean it has to be $200,000. And we are talking about a 
situation where a violation is called to a person's attention and that 
person fails to comply with the law within 60 days, fails to right the 
wrong by complying with other provisions of the Lobbying Disclosure 
Act.
  So given all of that, given all of those circumstances, I think a 
maximum penalty--maximum--of up to $200,000 is very legitimate and is a 
change that is really overdue.
  Again, I implore all the Members of the Senate, Democrat and 
Republican, to take a good, hard look at this amendment. I think when 
they do, the vast majority will support it. I certainly look forward to 
that.
  With that, Mr. President, I look forward to further debate on these 
amendments and certainly votes on these amendments, and I have received 
commitments for that.
  With that, I yield back my time.
  The PRESIDING OFFICER. The Senator yields back his time.
  The Senator from Connecticut.
  Mr. LIEBERMAN. Mr. President, I ask unanimous consent that at 11:45 
a.m. this morning, the Senate resume consideration of the Vitter 
amendment No. 7 and that there be 15 minutes of debate, controlled 5 
minutes each for the majority and minority managers and 5 minutes for 
Senator Vitter; that at 12 noon, without further intervening action or 
debate, the Senate proceed to vote in relation to Vitter amendment No. 
7.

[[Page S324]]

  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  Mr. LIEBERMAN. I thank the Chair.
  I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. VITTER. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                   Amendment No. 7 to Amendment No. 3

  Mr. VITTER. Mr. President, I ask unanimous consent to call up 
amendment No. 7.
  The PRESIDING OFFICER. The amendment is pending.
  Mr. VITTER. I thank the Chair. Under the previous order, I will talk 
about this amendment for 5 minutes and then the floor managers will do 
the same.
  Mr. President, I explained this yesterday. It is a very 
straightforward amendment. It simply increases penalties--I think 
appropriately--for willful and knowing misrepresentations on financial 
disclosure reports.
  As you know, many people in Government, including U.S. Senators, have 
to file financial disclosure statements. That is section 101 of the 
Ethics in Government Act of 1975. It is very basic information about 
not every detail of our finances, but the broad brush of an 
individual's finances. This applies to others, certainly, in the 
administration, executive branch, as well as some in the judicial 
branch.
  Section 104 of that act is about the penalties. That says the 
Attorney General can file a civil suit against any individual who 
knowingly and willfully falsifies that sort of document or knowingly 
and willfully fails to report that information. But the maximum fine 
under that civil suit is $10,000. Mr. President, this can literally be 
a slap on the wrist in certain situations. This can literally encourage 
people to falsify documents or not report certain information 
completely or properly because, No. 1, that figure will never be 
noticed or caught; No. 2, worst case, if it is, it is only $10,000. It 
may be worth paying that and trying to get away with it versus 
disclosing certain information.
  That is unacceptable. This amendment fixes that. It raises the 
maximum civil penalty from $10,000 to $50,000, and it allows--doesn't 
mandate--the Attorney General to bring criminal charges in certain 
situations, with a maximum penalty of up to 1 year imprisonment. Again, 
in certain situations, that would be appropriate and the current law in 
certain situations, I believe, will actually encourage folks to try to 
get away with noncompliance, nondisclosure.
  Finally, I ask this simple question in support of the amendment: If 
that is the right approach for the average American citizen, why should 
it not be the right approach for U.S. Senators, House Members, and 
members of the executive branch? Why do I say that? Well, if an average 
American citizen knowingly and willfully falsifies tax documents, guess 
what. They are in a heap of trouble and they face much greater 
potential consequences than a civil fine of up to $10,000. They 
absolutely face potential criminal charges. So if it is right and 
appropriate for the average American citizen, certainly the same rule 
should bear on Members of the Senate, Members of the House, and members 
of the executive branch, no more or less. What is fair is fair. We need 
to be treated like the average American citizen.
  With that, I yield back my time and look forward to wrapping up this 
debate.
  The PRESIDING OFFICER. Who yields time?
  The Senator from California is recognized.
  Mrs. FEINSTEIN. Mr. President, we have no problem with this 
amendment.
  The PRESIDING OFFICER. Is there further debate on the amendment?
  Mrs. FEINSTEIN. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. LIEBERMAN. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. LIEBERMAN. Mr. President, in about 5 minutes the Senate will vote 
on the amendment offered by the Senator from Louisiana, Mr. Vitter. 
First, I thank him for offering this amendment, which concerns the 
Ethics in Government Act, a law that falls within the jurisdiction of 
the Homeland Security and Governmental Affairs Committee, which I am 
privileged to chair in this session. The penalty provisions for 
disclosure violations under that act, the Ethics in Government Act, 
have not been addressed in some time. Senator Vitter's amendment begins 
to do that. I think it does it in an appropriate way. I intend to 
support the Senator's amendment.
  As has been said, and I will repeat it, the amendment will increase 
the civil penalties that already exist under the act and will create a 
new penalty for knowing and willful falsification or failure to report, 
and that is a criminal penalty.
  I note for my colleagues' benefit that the Homeland Security and 
Governmental Affairs Committee intends to take up reauthorization of 
the Office of Government Ethics this year.
  I know that some of my colleagues are interested in offering 
amendments to this bill, S. 1, related to executive branch ethics. 
Obviously, I am happy to work with them on these amendments to see if 
any of those might appropriately be attached to this bill, such as the 
one we are voting on now.
  But I also want to say on behalf of the committee that there may be 
some other proposed amendments that the committee believes need further 
deliberate consideration by the committee. I will be happy to work with 
my colleagues on those, urging them not to go forward on this bill, but 
with the promise that as we address the Office of Government Ethics 
reauthorization and other matters, that we will be glad to consider 
those proposals. As the hour approaches, I urge my colleagues to 
support this progressive amendment by the Senator from Louisiana.
  I thank the Chair and yield the floor.
  Mr. VITTER. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second? There is a 
sufficient second.
  Mr. LIEBERMAN. Mr. President, I now yield back all of the remaining 
time and suggest that we go forward with the vote.
  The PRESIDING OFFICER. All time is yielded back. The question is on 
agreeing to amendment No. 7 offered by the Senator from Louisiana.
  The yeas and nays have been ordered, and the clerk will call the 
roll.
  The legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from West Virginia (Mr. 
Byrd), the Senator from Hawaii (Mr. Inouye), and the Senator from South 
Dakota (Mr. Johnson) are necessarily absent.
  Mr. LOTT. The following Senators were necessarily absent: the Senator 
from Kansas (Mr. Brownback) and the Senator from Idaho (Mr. Crapo).
  Further, if present and voting, the Senator from Idaho (Mr. Crapo) 
would have voted ``aye.''
  The PRESIDING OFFICER (Mr. Obama). Are there any other Senators in 
the Chamber desiring to vote?
  The result was announced--yeas 93, nays 2, as follows:

                       [Rollcall Vote No. 2 Leg.]

                                YEAS--93

     Akaka
     Alexander
     Allard
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Brown
     Bunning
     Burr
     Cantwell
     Cardin
     Carper
     Casey
     Chambliss
     Clinton
     Coburn
     Cochran
     Coleman
     Collins
     Conrad
     Corker
     Cornyn
     Craig
     DeMint
     Dodd
     Dole
     Domenici
     Dorgan
     Durbin
     Ensign
     Enzi
     Feingold
     Feinstein
     Graham
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Hutchison
     Inhofe
     Isakson
     Kennedy
     Kerry
     Klobuchar
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Martinez
     McCain
     McCaskill
     McConnell
     Menendez
     Mikulski
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Obama
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Salazar
     Sanders
     Schumer
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Sununu
     Tester
     Thomas
     Thune
     Vitter
     Voinovich
     Warner
     Webb
     Whitehouse
     Wyden

[[Page S325]]



                                NAYS--2

     Lott
     Lugar
       

                             NOT VOTING--5

     Brownback
     Byrd
     Crapo
     Inouye
     Johnson
  The amendment (No. 7) was agreed to.
  Mr. REID. Mr. President, I move to reconsider the vote, and I move to 
lay that motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER. The Senator from Montana is recognized.
  Mr. BAUCUS. Mr. President, I want to engage the managers here. It is 
my understanding I will have time shortly to give a statement on Iraq. 
I don't want to interfere with the legislation on the floor, and I am 
asking whether this would be a good time for that statement to take 
about maybe 15, 20 minutes.
  I see no objection.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                                  Iraq

  Mr. BAUCUS. Mr. President, I am concerned about the deteriorating 
situation in Iraq. We need to change course. Let me urge my colleagues 
to consider a few principles for where I believe we should go from 
here.
  Like my colleagues, I have received an outpouring of letters, e-
mails, telephone calls. Montanans are split in how Americans should 
proceed, but one thing is clear: They all want to see an end to it. 
They want to see our men and women come home.
  On October 20, a man from Cutbank, MT wrote me to say:

       Yesterday was a very emotional day for me. I currently have 
     a son serving in Iraq who does house-to-house raids and goes 
     out on extended missions. My other son, who just joined the 
     Army, informed me that he too will now be leaving for Iraq. 
     As native Americans, my sons will be honored when they return 
     home. We are proud of them. We are very proud of our native 
     Americans who serve as warriors, but I am deeply concerned 
     with what they face every day over there.

  Amber, a military wife from Great Falls, MT writes:

       I realize that my voice is a voice of millions that call 
     for your assistance. However, I couldn't sleep at night 
     knowing I didn't at least try to do what I think is right. My 
     husband along with many others here in Montana is in Iraq 
     right now, and just recently we lost a soldier from Billings. 
     Help us bring the troops home where they belong with their 
     families who miss them.

  In September, Tom Gignoux, from Missoula, MT, a Marine Corps veteran 
with a Purple Heart wrote me to say this:

       I no longer support the war in Iraq. I believe that 
     mismanagement of the occupation and reconstruction has made 
     the war unwinnable and is distracting us from the war on 
     terrorism.

  Mr. President, I believe it is time for our combat troops to come 
home from Iraq. America entered into this war with motivations that 
were clearly honorable, but they were mistaken. As the 9/11 Commission 
found, there was no connection between Iraq and the attacks on 9/11. 
There were no weapons of mass destruction. And the theory that America 
could, through invading Iraq, establish democracy that would spread 
throughout the region has proven a cruel joke.
  If we knew then what we know now, I would not have voted for the war. 
If we knew then what we know now, I believe the results of that vote 
would have been different. Indeed, I doubt that we would even be asked 
to take that vote.
  The administration was not up front with us. They presented faulty 
intelligence and faulty information, especially about weapons of mass 
destruction. Unfortunately, the quality of congressional decisionmaking 
was no better than the quality of the information upon which we relied.
  Going into Iraq was a mistake. The premise was wrong. After September 
11, 2001, we had international support to go after al-Qaida and to find 
Osama bin Laden. That is the mission we should be strongly pursuing--
more strongly. Our resources are incorrectly being exhausted in Iraq. I 
cannot go back and change that vote, but I can work in a new direction.
  I first commend our troops. They are wonderful. They have shown such 
courage, such exemplary strength. They are terrific. They removed the 
tyrant Saddam Hussein. They addressed the potential threat of weapons 
of mass destruction. They have done their job well. We are all proud of 
them. Their service has been outstanding. No one can argue against 
their contribution to our national security, and their dedication to 
their missions goes unmatched.
  I believe in giving our soldiers, sailors, and airmen the proper 
equipment and tools they need to stay safe and to succeed. A year ago, 
I spoke about our responsibility to get as much funding as possible for 
the troops. I have criticized spending on high-tech weapons systems at 
the expense of boots on the ground. I voted in favor of every Defense 
bill and war supplemental since the war began.
  I heard of families hosting bake sales to buy body armor. I have 
tried to do everything I could to protect our troops. But it is no 
longer enough.
  Now our brave troops stand in the crossfire of a civil war. We have 
lost more than 3,000 troops in the escalating conflict. Just this week, 
the Iraqi Health Ministry reported that more than 17,000 Iraqis died in 
the second half of 2006. That is more than three times as many who died 
in the first half of 2006. And now, America has spent more time 
fighting this war than we spent in World War II.
  I understand and sympathize with the Americans who continue to 
support this war because they do not want their family and friends to 
have died in vain. I know what they feel. I struggled with that last 
summer when my nephew Phillip died in Iraq. On July 29, Marine Cpl 
Phillip Baucus, my brother John's son, was killed during combat 
operations in the Al Anbar province. He was just 28 years old. Phillip 
was a bright and dedicated young man. He was like a son to me. He had a 
loving wife and a bright future. His death was devastating.
  I know what it is like to wait on the flight line at Dover Air Force 
Base. I know what it is like to weep over the body of a fallen soldier 
and family member. I know what it is like to escort Phillip back from 
Dover to Montana. I know what it is like to pray for a reason, and to 
become determined not to lose.
  I am not the only Montanan who has grieved. We are not a large State, 
but 14 Montanans have so far lost their lives in Iraq, and we grieve 
for them all. In fact, we in Montana send more troops to Iraq on a per 
capita basis than any other State in the Nation. Those men and women 
who have lost their lives have served a noble purpose. They have taught 
us lessons in courage, and we honor that courage by speaking out. We 
honor that courage by admitting that what we are doing is not working, 
and we honor that courage by finding a new direction.
  A change in strategy is not defeat. A change in strategy is a 
recognition that things are not working. Moving forward, I urge the 
President and the Congress to consider four principles. First, we must 
not escalate the conflict. Second, we must train Iraqis to stand up for 
themselves. Third, we must start bringing our troops home by the middle 
of this year. Fourth, we must engage Iraq's neighbors and the world 
community to find a more political solution.

  Let me explain in greater detail. First, I do not support the 
escalation in the number of American troops. Throwing more troops at 
the problem--especially a modest number, up to 20,000--is not a 
solution. Escalating the war is not a solution. We must not launch a 
strategy which has no benchmarks for its success. How long and at what 
cost do we add troops to the conflict? It is a mistake.
  The Iraq Study Group is a prestigious and well-respected group. 
Secretary of Defense Robert Gates was a member. The study group said 
the current strategy in Iraq is not working. That is what this study 
says. But to this date, the President has not implemented any of the 
group's recommendations.
  President Bush has stated numerous times that he listens to the 
commanders on the ground. American commanders on the ground have 
reported that al-Qaida has increasingly gained political influence 
among the Sunnis. General Abizaid told the Senate Armed Services 
Committee:

       I believe that more American forces prevent Iraqis from 
     doing more, from taking responsibility for their own future.

  I urge the President to listen to what General Abizaid said and not 
just replace commanders who say things he does not want to hear.

[[Page S326]]

  Second, we should not have an open-ended commitment in Iraq. America 
must make that clear to the Iraqi Government. The war is now costing us 
$2 billion a week. That is $2 billion a week that is not being devoted 
to health care, veterans' benefits, or education.
  There must be a more specific plan. The plan needs to outline how 
long our training efforts will continue, and the plan needs to show at 
what point the Iraqis will take over security of their own country.
  Last weekend, Iraq's Prime Minister, Nuri al-Maliki, reiterated the 
need and his commitment to getting the Iraqi security forces to stand 
up on their own two feet. America should support these efforts. In 
short, our forces should stand down so the Iraqi forces can stand up.
  Third, with a new focus on political solutions, the United States 
should start phased redeployment of combat troops in roughly 6 months, 
with the goal of having combat forces out of Iraq as soon as possible. 
Our troops are stretched too thin to address emerging threats around 
the world. There is something called opportunity cost. It is a 
technical term. But we are so focused on Iraq that we are not paying 
attention to other trouble spots in the world as much as we should. We 
must not focus solely on Iraq in blindness to the rest of the world.
  Our troops are serving their third and fourth tours in Iraq. Some 
deployments have been extended for 12 to 18 months. Some troops no 
longer have a year to spend at home between deployments. I have seen 
firsthand in Montana how the Guard and Reserves are deployed in record 
numbers. They have served honorably and with my great admiration. But 
we need them on U.S. soil for homeland defense missions. The Active-
Duty troops must not be overextended. They need to be ready to deploy 
around the world.
  Finally, America must engage Iraq's neighbors more than we have. The 
Iraq Study Group named a peaceful solution to the Arab-Israeli conflict 
as a major potential contributor to the stability in Iraq. I strongly 
agree with that. That will take so much of the terrorists' energy out 
of their sails, frankly, if we could find a meaningful solution to the 
Israeli-Palestinian conflict. The Iraq Study Group said:

       The United States cannot achieve its goals in the Middle 
     East unless it deals directly with the Arab-Israeli conflict 
     and regional stability.

  They continue:

       There must be renewed and sustained commitment by the 
     United States to a comprehensive Arab-Israeli peace on all 
     fronts.

  We have taken too many steps backward in that conflict. Our invasion 
of Iraq has simply stirred up things way too much. It has caused 
problems. America's presence has opened the doors to terrorism and 
sectarian violence.
  We must reengage and work toward peace and diplomatic solutions. We 
must seek increased participation of other nations both in a political 
way forward and also in reconstruction work. We should redouble our 
efforts to reach out to that nation and to our allies who also have an 
intense interest in peace in that region and work together toward a 
responsible exit.
  In March of 1919, the Emir of Iraq, Feisal ibn Hussein, wrote to 
Supreme Court Justice Felix Frankfurter. This is what he said:

       We feel that Arabs and Jews are cousins in race, having 
     suffered similar oppressions at the hands of powers stronger 
     than themselves, and by happy coincidence they have been able 
     to take the first step toward the mutual attainment of their 
     national ideals together. . . .Indeed, I think neither can be 
     a real success without the other. . . .I look forward . . . 
     to a future in which we will help you and you will help us, 
     so that the countries in which we are mutually interested may 
     once again take their places in the community of civilized 
     peoples in the world.

  That is what the Emir of Iraq wrote in 1919.
  America must renew its commitment to peace in the Middle East. We 
must work to regain the fleeting sense of optimism that can lead to 
political resolution. We must be positive. We must be the leaders that 
we Americans are. We must work to stop the spilling of blood in the 
land of Abraham.
  I urge President Bush to listen to the Iraq Study Group. I urge him 
to listen to commanders such as General Abizaid. I urge him to listen 
to the American people. It is time for America to change its course. It 
is time for a new political effort. It is time to bring the troops 
home.
  I yield the floor. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. GRASSLEY. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Webb). Without objection, it is so 
ordered.
  Mr. GRASSLEY. Mr. President, I ask unanimous consent to speak as in 
morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Prescription Drugs

  Mr. GRASSLEY. Mr. President, I am back here today, as I have been 
other days this week, to talk about the Medicare drug benefit and the 
debate about whether the Government would do a better job of 
negotiating with drug companies than the prescription drug plans that 
are doing so this very day under law of the last 2\1/2\ years. Over the 
past 2 days, I have talked about the fundamental structure of the drug 
benefit. I talked about the heart of it, of the drug benefit plan, as 
competition. Plans, with vast experience in negotiating with drug 
manufacturers, compete to get the best drug prices for Medicare. That 
is what is happening today to benefit our senior citizens. Plans that 
have been doing this for 50 years are negotiating with drug companies 
in a competitive way to get the best prices for Medicare senior 
citizens. To date, the proof is in the pudding. We have lower bids, we 
have lower beneficiary premiums, lower costs to the Government, and 
lower costs to our States. Most importantly, we have lower prices on 
drugs, meaning senior citizens get affordable drugs and low-income 
people do not have to choose between drugs and food. Remember, that was 
a goal we had in 2003 we passed this legislation.

  I will give some examples of how this competition has worked. A draft 
PricewaterhouseCoopers study found in 2006 prescription drug plans 
achieved higher savings, 29 percent compared to unmanaged drug benefit 
expenditures. That is almost 100 percent greater than the 15-percent 
savings projected by Centers for Medicare and Medicaid Services and 
almost 50 percent greater than the savings estimated by the 
Congressional Budget Office way back when, in 2003, when we all thought 
if this program worked at all there would be some savings on 
prescription drugs for seniors. However, it has turned out to be much 
greater savings than we anticipated when we wrote the bill.
  It isn't often that legislation we write comes back with a better 
benefit to the taxpayers, better benefit to our seniors or any group or 
population. Most often there are what we call cost overruns.
  I believe it is fair to say that competition is working.
  Yesterday, I talked about how this whole debate is based on nothing 
more than a distortion of language in what is called the 
noninterference clause in the existing legislation. This 
noninterference language was first included in legislation introduced 
by many of the same people now opposing it, and these people tend to be 
led by Members of the Democratic Party.
  To be clear, that language, the noninterference language that people 
now are questioning, that period of time between 1999 and 2003, bills 
introduced by Members in the other party included this language and 
now, somehow, they do not like it.
  I want to be clear that the impressions left by opponents of this 
part of the legislation that we do not have competition, we do not have 
negotiations, this language in the legislation does not prohibit 
negotiations to get drug prices down. Negotiations occur between 
private plans and the drug manufacturers regularly. You could not get 
those percentage decreases in prices I just mentioned--those 
percentages that are even greater than percentages we thought when we 
wrote the legislation--you would not get those without negotiation, you 
would not get those without competition.
  I, also, pointed out in earlier speeches, so far, proposals to have 
the Secretary of HHS negotiate drug prices have not been shown to 
actually save

[[Page S327]]

any money. Our beloved Congressional Budget Office tells us that they 
cannot project savings by having a Government bureaucrat negotiate 
instead of plans negotiating. Nevertheless, here we are, in the new 
Congress, discussing this matter once again.
  What I want to do today is put forward a picture of what Government 
negotiations might look like. Admittedly, doing this will require some 
speculation. Why is that necessary? It is necessary because Democrats 
have not provided many details on how they actually envision their 
requirement that the Secretary negotiate how that will work. This is 
despite the fact that some opponents of the noninterference clause have 
demagoged this issue for nearly 3 years. After 3 years, they are still 
out there saying the noninterference clause ought to go, but there are 
no details on how their plan will work. They have given us a few clues 
as to their thinking on how they want it to work.
  For the longest time, I heard it said that the Secretary of Health 
and Human Services should have the power to negotiate drug prices, as 
the Veterans' Administration does. With the Veterans' Administration as 
our guide, let's talk about the VA's approach to purchasing drugs and 
then ask you to consider, after you hear this, do you want to do it 
that way? This discussion will be somewhat technical, but I urge 
listeners to bear with me because we need to get beyond the Veteran's 
Administration sound bite. Everyone needs to have a good understanding 
of what this would mean for Medicare.
  It is a fact that the Veterans' Administration uses different 
purchasing arrangements to get discounts on prescription drugs. But 
there is a big distinction between these purchasing arrangements. The 
Veterans' Administration has access to what we call the Federal supply 
schedule prices. Under the Federal supply schedule prices, the 
Government guarantees by law that it must get the best price in the 
marketplace. This means that the Federal supply schedule prices cannot 
exceed the lowest price that a manufacturer gives in comparable terms 
and conditions to a non-Federal customer such as the pharmacy benefit 
manager. Since that is technical, I will go over that once more. Under 
the Federal supply schedule, the Government guarantees by law that it 
must get the best price in the marketplace. But what this means is that 
the Federal supply schedule prices cannot exceed the lowest price that 
a manufacturer gives under comparable terms and conditions to a non-
Federal customer, and that could include health plans, pharmacy benefit 
managers, and many others. Under Federal law, manufacturers must list 
their drug on the supply schedule to qualify for reimbursement under 
Medicaid.
  Next, the VA can purchase drugs at the Federal ceiling price. Again, 
the Government passed a law to guarantee itself an automatic discount 
no one else can get. By law, that price is automatically 24 percent 
less than the average price paid by basically all non-Federal 
purchasers.
  Isn't that a nice negotiating tactic? Pass a law and guarantee 
yourself a discount. The logical questions are, why not have Medicare 
access the Federal supply schedule--because people who want to do it 
such as the VA, that is where it takes you. Why not give Medicare the 
Federal ceiling price?

  I will refer to a chart because experts have looked at this question, 
and we have assigned the Government Accountability Office to look into 
this. They had a year 2000 report on this. They say:

       Mandating that federal prices for outpatient prescription 
     drugs be extended to a large group of purchasers, such as 
     Medicare beneficiaries, could lower the prices they pay but 
     raise prices for others.

  In other words, raising prices for everybody else in America that is 
purchasing drugs. You heard that right: Raise prices on everybody else.
  Who would face the higher prices under ``everybody else''? Small 
businesses, their employees, their families, to name a few. Those 
higher prices would likely force employers to reduce their prescription 
drug benefit or stop providing health insurance coverage altogether. Of 
course, that is an outcome I surely hope people want to avoid, but it 
may be an outcome that the proponents of doing away with the 
noninterference clause are not aware of. Or the people that are saying 
we ought to follow the VA practice may not be aware, that to save the 
taxpayers some money you are going to raise the price of drugs on 
everybody else in America, according to the Government Accountability 
Office.
  The Government Accountability Office reached its conclusion by 
examining what happened to drug prices after Congress required drug 
manufacturers to pay rebates to State Medicaid Programs such as the 
Federal supply schedule, the Medicaid rebate program guarantees that 
the Government gets the best price in the marketplace.
  What happened after the law was enacted? The best prices went up for 
everyone else. The practical effect was twofold: First, the size of 
rebates for State Medicare Programs got smaller. What the Federal 
Government wanted to accomplish to benefit the States did not happen. 
Second, other purchasers paid higher prices. One might ask why that 
might happen. Here is why: Drugmakers had to eliminate their best 
prices to private purchasers or face bigger rebates. That happens 
because if they gave 1 purchaser a best price, they then had to give 
the best price to 50 State Medicaid purchasers. One discount to a 
private purchaser could mean millions that a manufacturer would be 
forced to pay in rebates to the Government.
  What do you think the drug companies did to counteract a well-
intentioned act of Congress which ended with unintended consequences? 
The drug companies eliminated all the deep discounts so that they did 
not have to pay as much in mandatory rebates to Medicaid.
  A 1996 study by the nonpartisan Congressional Budget Office examined 
the extent to which the Medicaid laws result in higher drug prices to 
everyone else. Listen to what our Congressional Budget Office 
concluded:

       Best price discounts have fallen from an average of over 36 
     percent in 1991 to 19 percent in 1994. Hence, although the 
     Medicaid rebate appears on the surface to be attractive, it 
     may have had unintended consequences for private purchasers.

  The Federal Government passes a law to do good, and we find out we 
end up not doing so good. Almost a 50-percent reduction in best-price 
discounts; is that good? A nearly 50-percent reduction in the discounts 
received by purchasers such as health plans that serve employers and 
their employees; is that good? Of course, it is not. What this means is 
when those deep discounts went away, the price that everyone else pays 
for drugs went up. So those mandates, rebates to Medicaid made drug 
prices for everyone else higher.
  Talk about unintended consequences. And we in the Senate who set 
these things up had the right intentions for doing it, but it has not 
worked out--unless you want to look at the good it did to the Federal 
Treasury and not count or not discount the harm it did to everyone else 
who paid higher prices.
  To state it more simply, when discounts to a large purchasing group 
are based on discounts to another, no one gets a good discount. That is 
what the Government Accountability Office said in its 2000 report:

       Extending the Federal Supply Schedule . . . could also 
     raise the prices paid by private and federal purchasers, as 
     increases in prices, manufacturers charged their best 
     customers would, in turn, increase Federal Supply Schedule 
     prices.

  Would opponents of the noninterference clause believe the 
congressional agencies, such as the CBO and the Government 
Accountability Office, that striking the noninterference clause would 
not be good? Ironic, isn't it, when the Government used price controls 
to mandate discounts to itself, it actually makes prices go up. I will 
go through that again. When the Government uses price controls to 
mandate discounts to itself, it actually makes prices go up. No person 
in their right mind concerned about the Federal Treasury or concerned 
about the cost of drugs to people in this country would say that meets 
the commonsensical test. But that is what happens.

  During a 2001 hearing before the Senate Committee on Veterans' 
Affairs, my colleague, the senior Senator from Pennsylvania, Mr. Arlen 
Specter, posed a question on this very matter. He asked whether adding 
Medicare to the VA and Department of Defense purchasing mix would 
produce greater

[[Page S328]]

bulk discounts. The Veterans' Administration chief consultant for its 
Pharmacy Benefits Management Strategic Health Group answered that 
adding Medicare to the Federal Supply Schedule umbrella would result in 
increased drug prices for both the Veterans' Administration and the 
Department of Defense.
  So, now, in addition to the Government Accountability Office and the 
Congressional Budget Office, the Veterans' Administration weighs in for 
itself, and the Department of Defense, that doing what repealers of the 
noninterference clause want to do will actually increase drug prices to 
the Veterans' Administration and the DOD. And people want to use the 
Veterans' Administration as a pattern to affect Medicare. So that is 
saying it for the third time.
  If I could say it for another time, straight from the Veterans' 
Administration's mouth, itself: Extending VA prices to Medicare would 
make the VA's own drug prices increase.
  And for one last time, the basic point they are making is, if you try 
to mandate discounts to everyone, then--what I have said a few minutes 
ago--no one gets a discount. Now, I am no economist, but that is basic 
economics. And not only that but it is common sense.
  I think I have pretty much laid out why including Medicare in the 
Federal Supply Schedule is not as good an idea as its proponents may 
have made it out to be.
  So now I want to go back to how the Veterans' Administration uses 
competitive bidding to get the discounts they say they want to use as a 
pattern for the Medicare Program.
  Let me start by giving you an important piece of information. The 
Veterans' Administration has its own pharmacy benefits manager. More 
than a decade ago, as part of a major initiative to improve the care 
delivered, the Veterans' Administration formed a pharmacy benefits 
manager, better known around here as a PBM.
  So you will probably wonder why they did that. Because, as stated in 
the VA news release, they wanted to maximize a strategy used by the 
private sector. You have people who want to have Medicare do it like 
the VA does it, but the VA set up a very special program because they 
wanted to learn something from the private sector.
  A primary responsibility of the PBM for the Veterans' Administration 
was to develop a national formulary. The Government learned that from 
the private sector, the very same people they are finding complaints 
about now. They wanted to set up a national formulary.
  A formulary is the list of drugs that a plan will cover. Basically, 
if your drug is not on the list, it is not covered.
  A 2005 article in the American Journal of Managed Care, coauthored by 
the Veterans' Administration's staff and university-based researchers, 
stated that the Veterans' Administration created the national formulary 
to achieve two main goals.
  First, the Veterans' Administration wanted to reduce the variation in 
access to drugs across its many facilities throughout the United 
States. In other words, they wanted to put a VA bureaucrat between the 
doctor and the patient. Doctors could not subscribe to everything that 
they thought that patient might need because if it was not on the 
formulary, they could not prescribe it.
  Second, the VA wanted to use the formulary as leverage to get lower 
prices for drugs. Let me repeat that because it is important. The 
Veterans' Administration created a national formulary to create the 
leverage it needed to get lower prices for drugs.
  That goes back to the point I made a couple days ago. The ability to 
get good discounts does not result from the sheer number of people a 
purchaser buys for. The ability to get good discounts comes from how 
the purchaser leverages those numbers. That leverage comes from a 
purchaser threatening to exclude a drug from the formulary. So it 
eventually comes down to threats.
  The Veterans' Administration uses its formulary to say: Give me a 
better price or else--or else we are not going to buy your drugs at 
all.
  As I said earlier, the Veterans' Administration was intentionally 
adopting a private sector strategy when it started using a formulary to 
get lower drug prices. The Medicare prescription drug plans also use 
formularies to negotiate lower drug prices. The most important thing 
about the VA formulary is that it is one big national formulary.
  The biggest difference between the VA and Medicare is that 
beneficiaries have choices.
  Let me make that clear. The biggest difference between how the VA 
does it and how the plans do it--the plans that are approved by the 
Secretary of Health and Human Services for the senior citizens of 
America and Medicare--the biggest difference is the beneficiaries have 
choices. They can choose their plans with different formularies. So 
Medicare bureaucrats are not coming between the patient and the doctor 
like VA bureaucrats are coming between the patient and the doctor. You 
can run into this in your town meetings because I had people come up to 
me and complain about the VA: My doctor says I ought to have this drug 
because the drug that the VA wants me to take has side effects.
  And they come to me and say: How come the VA won't pay for this drug 
because it is better for me, according to my doctor?
  And their answer is: Because the VA wants to save money. So you have 
a Government bureaucrat deciding what is best for your health instead 
of your doctor.
  But the principle behind the prescription drug bill that Senator 
Baucus and I wrote was that we were not going to have the bureaucrat 
getting in the medicine cabinet of a person, of senior citizens. We 
wanted every therapy available. That is the way it is written, and that 
is the way it is being carried out. So I wonder if people who say you 
ought to change this and do it the way the VA does it know how you are 
negatively affecting the senior citizens of America.
  The way senior citizens can do it is they have choice. They can 
enroll in a plan that covers their drugs. They can enroll in a plan 
that allows them to use their neighborhood pharmacy. The VA does not do 
business with every pharmacist in America. So you are hurting your 
local pharmacist when you do business that way.

  Under the Veterans' Administration programs, veterans do not have a 
choice. They cannot choose a different plan, and they have to use the 
VA's own pharmacy, not the pharmacy down the street. Using a limited 
number of VA-controlled pharmacies and mail-order pharmacies also helps 
keep VA costs down.
  But one of the things we wanted to accomplish in the prescription 
drug bill, Part D, was to make sure the Government did not use its 
leverage to hurt local pharmacists. And we put several things in--a 
requirement you had to have a brick-and-motor pharmacist in every plan. 
So we have some requirements to help pharmacies that the VA does not 
even worry about. And I have to confess to the community pharmacists of 
America, we still have a lot of work to do to help them so they benefit 
from this program like we intended. There are some unintended 
consequences to what we did, even considering the fact we took the 
community pharmacists into consideration.
  Under the VA program, then, you do not have a local pharmacist to go 
to. When they do not use the local pharmacist the way we do, when they 
use all these mail-order pharmacies, they hurt the local pharmacist, 
but they are saving some money.
  Also, there is limited access to drugs, limited access to retail 
pharmacies. That is how the VA works. So do you want to force that upon 
the senior citizens of America?
  I would like to go to another chart now. The Los Angeles Times put it 
best in an article on November 27 of last year. According to the Los 
Angeles Times:

       VA officials can negotiate major price discounts because 
     they restrict the number of drugs on their coverage list. . . 
     .In other words, the VA offers lower drug prices but fewer 
     choices.

  So do you want to offer fewer choices to our seniors? That is not 
what we wanted when we wrote the Medicare bill. We wanted to keep CMS 
bureaucrats out of the Medicare medicine cabinet of every senior 
citizen.
  So what would it mean if the Government negotiated lower drug prices 
for Medicare in a national system like the Veterans' Administration? It 
would

[[Page S329]]

mean having a more limited formulary. And it would mean having the 
Veterans' Administration bureaucrat between you and your doctor.
  So I would go to a chart that would make this more picturesque and 
more clear to you. This chart shows what this would mean. It would mean 
that instead of having 4,300 drugs available to them, beneficiaries 
would have about 1,200 drugs available. If Medicare used a national 
formulary like the VA, it would mean that 70 percent of the 
prescription drugs could not be covered by Medicare. Only 30 percent of 
the drugs covered today would be covered.
  Then let's get into some specific drugs, about major problems we are 
trying to treat today, such as diabetes or cholesterol. There, too, if 
the Government negotiated for Medicare like it does for VA, it would 
mean fewer drugs covered by Medicare.
  In the case of treatment for depression: 65 percent covered; 35 
percent not covered. In the case of treatment for high cholesterol: 54 
percent covered, 46 percent not covered. It seems that by looking at 
these drugs, if the Government used the VA model, our senior citizens 
would not be as well served.
  Now, maybe you can make an argument we are not treating our veterans 
right. We appropriate more money every year for veterans health 
programs. And we have to because the needs are there and we made a 
promise. We have to keep the promise to the veterans. But I think 
veterans watching this could say: Well, why not cover these? Why not 
cover these? Well, I have given the reason. We want to save taxpayers 
money. But it is completely opposite what we wanted to accomplish under 
the Medicare bill to serve our senior citizens: everything being 
available, and to save the taxpayers money through competitive bidding.
  This could also mean that beneficiaries could not get their 
prescriptions filled at the most convenient pharmacy for them. That is 
not what we wanted when writing the bill. We put seniors first. Those 
who want to repeal it, it seems to me, they are putting bureaucrats 
first, or at least they are putting bureaucrats between the doctor and 
the senior citizen. In many cases, those realities have led Medicare-
eligible veterans to enroll in Medicare drug programs so they will have 
coverage for drugs not covered by the VA.
  When I held my town meetings as we were rolling out this new drug 
program, I had veterans say: Well, does this mean I have to get out of 
the veterans program?
  I said: If you are satisfied with the veterans program, you can stay 
in it. You do not have to do anything. If you decide later on you want 
to get into one of these programs, you can do it without penalty.
  So they had the best of both worlds. If they were satisfied with the 
VA, keep it. But we have evidence that some of them are leaving the VA 
program to join the program of Part D Medicare. Even though many 
veterans have very good drug coverage, almost 40 percent of the 
veterans with VA benefits and Medicare coverage are enrolled in Part D. 
So when you get beyond the easy sound bites, when you get to the facts, 
applying the VA system to Medicare is neither as easy as it sounds nor 
will it likely have the effect that the proponents suggest.
  It now appears that even they have begun to figure this out because 
now, when the rubber hits the road, when they have to produce 
something, they introduce a bill--and I am referring now to a bill of 
the other body--that explicitly prohibits the Secretary from creating a 
formulary.
  In fact, the Los Angeles Times reported last week that a House 
Democratic leadership aide said, ``We felt we couldn't go as far as the 
Veterans Affairs [Department] does.''
  Under the House Democrats bill, Medicare can't have a formulary. As I 
tried to make clear here today, the drug formulary is the key to 
negotiating lower drug prices. The House Democrats bill prohibits the 
Government from having a national formulary. No formulary means no 
negotiations, no leverage over drug companies. In reality, the 
Democratic proposal on negotiation actually prohibits the Government 
from negotiating. Under their plan for Government negotiation, the 
Government won't be able to say no to a drug company. With no formulary 
to bargain with, the drug companies could say something like this: No, 
why should I give you that price if you can't exclude me or charge 
higher cost sharing?
  At the same time, the House Democrats bill repeals the prohibition on 
the Government setting a pricing structure. So if the Government cannot 
negotiate because it can't have a formulary, if there is no prohibition 
on Government price structure, where does that leave us? Sounds like 
price controls to me. Experience shows that when the Government sets 
prices for itself, when it gives itself mandatory discount, prices go 
up for everyone, higher prices for everyone else. Why would anyone want 
that sort of a situation?
  Everyone always asks, why not have Medicare work like the VA program 
to get lower drug prices. I think I have laid out why that idea might 
not be as good as the proponents have made it sound. Having Medicare 
work like the VA could mean fewer drugs covered, restricted access to 
community pharmacies, more use of mail-order pharmacies and higher drug 
prices for everyone else. I can't imagine that is what people want.
  So where does that leave us? The Medicare plans are working today. I 
say that based upon several polls that show 80 or so percent of the 
seniors are satisfied. The plans are also delivering the benefits to 
Medicare beneficiaries. These private sector plans have the experience 
of negotiating better prices. These Medicare negotiators have proven 
their ability to get lower prices. The Medicare plans are negotiating 
with drug companies using drug formularies within the rules set by law, 
and the formularies are basic for that negotiation.
  Last week on the Senate floor, the Senator from Illinois said that 
the law ``took competition out of the program so that [the drug 
companies] could charge whatever they want.'' That is not true. We have 
the 50-year experience of the Federal Employees Health Benefit Program 
negotiating for every Federal employee to keep costs down to the 
citizen as well as to the taxpayers. We patterned it something like 
that. And quite frankly, when we patterned it for the senior citizens 
under Medicare, I wasn't entirely sure we would get all the plans 
interested, that we would have the competition we ended up having. It 
has worked beyond our expectation. And thank God it did, because I am 
not sure we had that kind of expectation out of it. But it sure worked. 
Thank God something worked a little bit better than we anticipated it 
would work.
  So we had a Senator saying that we took competition out of the 
program. Competition is what this program is all about, and that 
competition is working. Costs are lower. Premiums are lower. Let me 
quantify how premiums are lower, because when we were writing the bill 
in 2003, we were figuring at what price, somewhere between $35 and $40 
a month, could we get seniors to join. Over that, we would have 
problems. Competition has brought it in at $23 last year and $22 this 
year on average. So these organizations remain in the best position to 
get lower prices for Medicare beneficiaries and taxpayers.
  I yield the floor.
  Mr. LIEBERMAN. Mr. President, I thank the Senator from Iowa.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Ms. COLLINS. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Lieberman). Without objection, it is so 
ordered.
  Ms. COLLINS. Mr. President, I ask unanimous consent that I be 
permitted to proceed as in morning business for not to exceed 5 minutes 
in order to submit a resolution.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Maine is recognized.
  Ms. COLLINS. I thank the Chair.
  (The remarks of Ms. COLLINS pertaining to the submission of S. Res. 
22 are located in today's Record under ``Submission of Concurrent and 
Senate Resolutions.'')
  Ms. COLLINS. Mr. President, I suggest the absence of a quorum.

[[Page S330]]

  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. COLEMAN. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Webb). Without objection, it is so 
ordered.
  Mr. COLEMAN. Mr. President, I ask unanimous consent to speak as in 
morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                                  Iraq

  Mr. COLEMAN. Mr. President, having recently returned from another 
visit to Iraq serving as a member of the Foreign Relations Committee, I 
come to the floor this afternoon to express my views on the most 
pressing issue facing our country today: our path to success in Iraq. 
The Iraq Study Group recently stated the situation in Iraq is grave and 
deteriorating. When the current path isn't working, you have to be 
flexible. You have to shift. You have to make a change. And, clearly, 
in Iraq today we have to make a change. The President of the United 
States, on Friday, said the same thing.
  In December I met with Iraqi political leaders, U.S. troops and their 
leaders, as well as our diplomats on the ground. Our conversations with 
this broad range of individuals helped me draw various conclusions that 
are key to evaluating the proposals currently being debated. In light 
of the President's upcoming announcement of his strategy for Iraq, I 
think it is important to share these conclusions.
  It is easy to lose sight of the fact that we are in Iraq as part of a 
Global War on Terror. There is no question that Iraq has become the key 
battleground of this war. Failure cannot be an option in either the 
overall war on terror or in Iraq. As the President has correctly 
stated, this is the battle of this generation. With menacing regimes in 
Iran and Syria, we cannot dismiss the fact that a failed state in Iraq 
would lead to much more than chaos and collapse in that nation. It 
would destabilize a critical region of the world and, most alarmingly, 
would create a breeding ground for terrorists whose ambitions do not 
stop at Iraq's borders. Americans--all Americans--have a direct stake 
in winning this war.
  We know the United States will be involved in the war on terror for 
the foreseeable future. The question is, How do we move forward in 
Iraq? How do we fight this war? And, where do we put our troops?
  From my experience in Iraq, I know now, or at least I believe, that 
we are fighting it essentially on two fronts. The first is the war we 
intended to fight: a war against terrorists, primarily Sunni extremists 
and foreign jihadists linked to al-Qaida--foreign terrorists. The other 
war is a war between the Iraqis themselves: Shiite against Sunni, in a 
seemingly endless cycle of grisly violence. Our military must continue 
the battle against extremists and terrorists, but we have no business 
being caught in the crossfires of an Iraqi sectarian conflict.
  The good news is we have had great success in fighting the war on 
terror, imposing crippling losses on the international jihadist network 
which today operates in Iraq. Indeed, during my visit in December with 
marines from Minnesota stationed in Anbar, they reported they were 
making great headway against the insurgency there. I am proud of their 
accomplishments, and I firmly believe these military victories directly 
enhance our security at home. But to secure the ground that these 
marines have cleared of insurgents in places such as Fallujah, they 
need Sunni police officers. They need Sunni members of the Iraqi Army. 
They need reconciliation between Sunni and Shia. So as we continue to 
fight the first war, the war against terrorists, we need also to 
address the second war, that of Iraqi against Iraqi.
  The overall consensus I found in Iraq is that we will be unable to 
hold on to the ground we have gained on the first front without 
addressing the second front: Iraqi sectarian violence. This violence is 
spiraling rapidly and is undermining the success we have made against 
the terrorists. If the Iraqi security forces, both Army and police, are 
to someday soon take over the fighting of the insurgency from U.S. 
troops, it is clear that intergroup violence must be brought under 
control. The Iraqi security forces must include all Iraqis: Sunni, 
Shiite, Kurd, and others. To be certain, our efforts cannot succeed if 
sectarian hatred is not addressed at the highest level of the Iraqi 
Government immediately.
  The only long-term solution for bringing stability to Iraq must be 
centered on national reconciliation. It is true that after decades of 
Sunni violence led by Saddam Hussein and his regime, the Shiites still 
have unaddressed grievances. But this does not call for, nor permit, 
neighborhood-by-neighborhood ethnic cleansing, nor a refusal to work 
together for the future of all Iraqis. Shiites may be able to win 
short-term victories through the use of violence, but in the long term 
they will not have a unified country if they continue to do so. Iraqi 
leaders should focus on reining in all sectarian groups under the 
umbrella of a national and inclusive political process. This is a 
solution that can only be led by the Iraqis themselves.
  With no doubt, this sectarian violence was left to grow unchecked for 
far too long. Even so, it is not too late to get Iraq back to stable 
footing. But it will come from dialogue and political compromise 
enforced by a central government prepared to take on militias under the 
control of religious sects, clans, and even common criminals. We must 
get to the point where Iraqi citizens express their views through 
political channels instead of through violence. The Iraqis are the 
masters of their own destiny, and it is important that our strategy 
regard them as such.
  Since my trip to Iraq in December, I have been calling for the Iraqi 
Government to establish a series of benchmarks that will diffuse the 
sectarian violence and stabilize the country politically and 
economically. These benchmarks would include an oil revenue-sharing 
agreement and economic assistance to areas that have been neglected in 
the past. The reality is not putting resources in Anbar Province 
because it is Sunni, and so as a result, what you get is a feeding of 
insurgency by the actions of a government that has not been prepared to 
address the issue of sectarian violence. We will be a better supporter 
of the Iraqi Government if we pressure them to create and adhere to 
these benchmarks rather than assuming that this fractured Government 
will take this on by themselves. I fear that up to this point the Iraqi 
leadership has not stepped up to the plate to make the difficult 
decisions that are necessary to pave the road for a political solution.
  When I was in Iraq with Senator Bill Nelson from Florida, we met with 
the Iraqi National Security Adviser to Maliki, Dr. Rubaie, who 
contended that sectarian violence wasn't the main problem, but the 
problem was the foreign terrorists and was the Sunni insurgency. That 
is not the case. As a Senator responsible for looking after the best 
interests of my constituents and all Americans, I take seriously the 
responsibility of Iraqi political leaders to honor the sacrifices that 
are being made by American soldiers. I refuse to put more American 
lives on the line in Baghdad without being assured that the Iraqis 
themselves are willing to do what they need to do to end the violence 
of Iraqi against Iraqi. If Iraq is to fulfill its role as a sovereign 
and democratic state, it must start acting like one. It is for this 
reason that I oppose the proposal for a troop surge. I oppose the 
proposal for a troop surge in Baghdad where violence can only be 
defined as sectarian. A troop surge proposal basically ignores the 
conditions on the ground, both as I saw on my most recent trip and 
reports that I have been receiving regularly since my return. My 
consultations with both military and Iraqi political leaders confirms 
that an increase in troops in areas plagued by sectarian violence will 
not solve the problem of sectarian hatred. A troop surge in Baghdad 
would put more American troops at risk to address a problem that is not 
a military problem. It will put more American soldiers in the 
crosshairs of sectarian violence. It will create more targets. I just 
don't believe that makes sense.
  Again, I oppose a troop surge in Baghdad because I don't believe it 
is the path to victory or a strategy for victory in Iraq. I recognize 
there are those who think otherwise. The Iraqi

[[Page S331]]

Study Group, in their report, said that they could, however, support a 
short-term deployment, a surge of American combat forces to stabilize 
Baghdad or to speed up the training and equipping mission if the U.S. 
commander in Iraq determines that such standards would be effective.
  I sat with the President with Democratic colleagues and Republican 
colleagues. I know that he has weighed this heavily, and I know he has 
looked at this issue for a long time. Apparently, he has come to the 
conclusion that, in fact, a troop surge would be helpful. I believe his 
comments will contain--hopefully contain--discussions about benchmarks 
and contain a commitment to do those things to rebuild the economy and 
create jobs so that we get rid of some of the underlying causes and 
frustrations that feed the insurgency. But the bottom line is, again, 
at this point in time, it is sectarian violence that I believe is the 
major issue that we face and more troops in Baghdad is not going to 
solve that problem.
  As one of the final conclusions to share of my experience in Iraq, I 
would also like to emphasize the significant role of Iran in fomenting 
instabilities. Across the board, my meetings with Iraqi officials 
revealed that the Iranians are driving instability in Iraq by all means 
at their disposal. We had a hearing today in the Foreign Relations 
Committee and one of the speakers, one of the experts said that it may 
be, and it is probably clear that, the Iranians have a stake in 
American failure in Iraq and its stability in the region, and they feed 
on that. Indeed, there are credible reports that Iran is currently 
supplying money and weapons to both its traditional Shiite allies and 
its historic Sunni rivals, all for the purposes of ensuring a daily 
death toll of Iraqi citizens. It is clear the Iranians have concluded 
that chaos in Iraq is in their direct interest. Iran's role thus far, 
not to mention their pursuit of nuclear weapons, makes it hard to 
believe that they might suddenly become a constructive partner in the 
stabilization of Iraq.
  I want to point out that my commitment to success in Iraq has not 
changed, nor my willingness to consider options that would 
realistically contribute toward our goals there. In my trips to Iraq, I 
have gone with an open mind as to what next steps could be taken as we 
work with the Iraqis to stabilize their country. I have said all along 
that the stakes of our mission in Iraq are such that failure is simply 
not an option, and I will only support proposals that will steer the 
United States toward victory. Abandoning Iraq today would precipitate 
an even greater surge of ethnic cleansing. It would, as I indicated 
before, precipitate an episode of instability and chaos in the region 
that would be in no one's interest. But my most recent trip to Iraq 
also reaffirmed to me that it is the Iraqis who must play the biggest 
role in any strategy for success. Our investment must be tied to their 
willingness to make the tough choices needed to pave the way to 
stability and for them to act on them.
  I represent Minnesota, but if I represented Missouri, I think I would 
simply say to Maliki: Show me. Show me your resolve. Show me your 
commitment. Show me that you can, in fact, do the things that have to 
be done to deal with the sectarian violence, and then we can talk about 
enhancing and increasing the American effort. I haven't seen it. I 
don't see it today, and as such, I am certainly not willing to put more 
U.S. troops at risk.
  Mr. President, I yield the floor, and I note the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. SALAZAR. Mr. President, I ask unanimous consent the order for the 
quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Colorado.
  Mr. SALAZAR. Mr. President, what is the pending business?
  The PRESIDING OFFICER. The Vitter amendment, No. 10, is the pending 
amendment.


                  Amendment No. 15 to Amendment No. 3

  Mr. SALAZAR. I ask unanimous consent that the pending amendment be 
set aside so that I can offer amendment No. 15.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Colorado (Mr. Salazar), for himself and 
     Mr. Obama, proposes an amendment numbered 15 to amendment No. 
     3.

  Mr. SALAZAR. I ask unanimous consent the reading of the amendment be 
dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

   (Purpose: To require Senate committees and subcommittees to make 
   available by the Internet a video recording, audio recording, or 
  transcript of any meeting not later than 14 days after the meeting 
                                occurs)

       At the appropriate place, insert the following:

     SEC. __. PUBLIC AVAILABILITY OF SENATE COMMITTEE AND 
                   SUBCOMMITTEE MEETINGS.

       (a) In General.--Paragraph 5(e) of rule XXVI of the 
     Standing Rules of the Senate is amended by--
       (1) by inserting after ``(e)'' the following: ``(1)''; and
       (2) by adding at the end the following:
       ``(2) Except as provided in clause (1), each committee and 
     subcommittee shall make publicly available through the 
     Internet a video recording, audio recording, or transcript of 
     any meeting not later than 14 days after the meeting 
     occurs.''.
       (b) Effective Date.--This section shall take effect October 
     1, 2007.

  Mr. SALAZAR. Mr. President, I rise today to discuss amendment No. 15, 
which is being offered by myself and the Senator from Illinois, Barack 
Obama. The amendment is a very simple amendment but a very important 
one as we undertake our effort to revise the ethics rules of the 
Congress. The amendment simply requires that each Senate committee and 
subcommittee make available on the Internet either a video recording, 
an audio recording or a transcript of every meeting that is open and 
that those documents be made public within 14 days of the meeting's 
adjournment, unless a majority of the committee members decide 
otherwise.
  I was surprised, frankly, to realize how difficult it is for all of 
our constituents to learn about the work we do in this Senate and 
Congress because most of that work occurs in the committees of our 
legislative Chamber. Most of those committee meetings are not 
broadcast. There are a few occasionally that get broadcast on C-SPAN or 
that are picked up by one of the networks, but that is a rare 
occurrence. It is an exception to receive that kind of broadcast. So, 
as far as the public of the United States is concerned, most of the 
work we do in committees--which is where most of the work actually 
occurs for our legislative activity--is work that actually occurs in 
the dark.
  While Senate rules require that committee meetings be open to the 
public and that each committee prepare and keep a complete transcript 
or electronic recording of all of its meetings, it still remains very 
difficult for citizens to figure out what actually goes on in our 
committee rooms. According to one estimate, a transcript or electronic 
recording is available online for only about one-half of all Senate 
committee and subcommittee hearings. Only for one-half of those 
hearings is there made available a transcript that the public can 
actually access. That number is far too low. There is no reason why, in 
this day of modern technology and communications, we should not be able 
to achieve a goal of 100 percent.
  I know we often refer to Justice Brandeis because he was one of those 
great jurists who really illuminated our times with some of his wisdom, 
his jewels that have become almost cliches that captured the moment. I 
remember Justice Brandeis's famous line where he said, ``Sunshine is 
said to be the best of disinfectants.''
  Those words are as true now as ever. We have seen an unprecedented 
level of secrecy in the legislative process. We have seen one-party 
conference committees where, just because you happen to be of the other 
party, you were not allowed to participate in the conference committee 
or you were not even notified that a conference committee was, in fact, 
meeting. We have seen provisions that are slipped into conference 
committee reports that were not passed by either Chamber. Those kinds 
of procedures and tactics are often used. That kind of secrecy is

[[Page S332]]

part of what has caused a lack of confidence of the American people in 
our institutions in Washington, DC.
  The time for secret government is over. This legislation we have been 
considering over the last several days, and hopefully will bring to 
conclusion this week or next week, will be a great first step in making 
sure we are returning government back to the people and integrity back 
to the processes which we oversee in the Congress.
  I hope my colleagues can join us as we move forward with this 
amendment. I will quickly add that the amendment will create no serious 
burden for the committees of our Senate. First, our committees will 
have until October 1 of 2007 to adjust their practices. Second, they 
have three options: They can do audio, they can do video, they can do 
transcript--whichever option they choose--in order to comply with the 
provisions of my amendment. Third, many of the committees are already 
posting this information online.
  One central purpose of this bill is to improve transparency in the 
legislative process. My amendment is an important step in that 
direction. I urge my colleagues to support this amendment. I thank 
Senator Obama for his support of this amendment and I yield the floor.
  The PRESIDING OFFICER. The Senator from Vermont.


                   Amendment No. 2 to Amendment No. 3

  Mr. LEAHY. Mr. President, I understand that amendment No. 2 is at the 
desk.
  The PRESIDING OFFICER. Without objection, the pending amendment is 
set aside and the clerk will report the amendment.
  The assistant legislative clerk read as follows:

       The Senator from Vermont [Mr. Leahy], for himself and Mr. 
     Pryor, proposes an amendment numbered 2 to amendment No. 3.

  Mr. LEAHY. I ask unanimous consent the reading of the amendment be 
dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

(Purpose: To give investigators and prosecutors the tools they need to 
                       combat public corruption)

       At the appropriate place, insert the following:

     SEC. ___. EFFECTIVE CORRUPTION PROSECUTIONS ACT OF 2007.

       (a) Short Title.--This section may be cited as the 
     ``Effective Corruption Prosecutions Act of 2007''.
       (b) Extension of Statute of Limitations for Serious Public 
     Corruption Offenses.--
       (1) In general.--Chapter 213 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 3299. Corruption offenses

       ``Unless an indictment is returned or the information is 
     filed against a person within 8 years after the commission of 
     the offense, a person may not be prosecuted, tried, or 
     punished for a violation of, or a conspiracy or an attempt to 
     violate the offense in--
       ``(1) section 201 or 666;
       ``(2) section 1341, 1343, or 1346, if the offense involves 
     a scheme or artifice to deprive another of the intangible 
     right of honest services of a public official;
       ``(3) section 1951, if the offense involves extortion under 
     color of official right;
       ``(4) section 1952, to the extent that the unlawful 
     activity involves bribery; or
       ``(5) section 1963, to the extent that the racketeering 
     activity involves bribery chargeable under State law, or 
     involves a violation of section 201 or 666.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 213 of title 18, United States Code, is 
     amended by adding at the end the following:

``3299. Corruption offenses.''.

       (3) Application of amendment.--The amendments made by this 
     subsection shall not apply to any offense committed more than 
     5 years before the date of enactment of this Act.
       (c) Inclusion of Federal Program Bribery as a Predicate for 
     Interception of Wire, Oral or Electronic Communications and 
     as a Predicate for a Racketeer Influenced and Corrupt 
     Organizations Offense.--
       (1) In general.--Section 2516(c) of title 18, United States 
     Code, is amended by adding after ``section 224 (bribery in 
     sporting contests),'' the following: ``section 666 (theft or 
     bribery concerning programs receiving Federal funds),''.
       (2) In general.--Section 1961 of title 18, United States 
     Code, is amended by adding after ``section 664 (relating to 
     embezzlement from pension and welfare funds),'' the 
     following: ``section 666 (relating to theft or bribery 
     concerning programs receiving Federal funds),''.
       (d) Authorization for Additional Personnel To Investigate 
     and Prosecute Public Corruption Offenses.--There are 
     authorized to be appropriated to the Department of Justice, 
     including the United States Attorneys' Offices, the Federal 
     Bureau of Investigation, and the Public Integrity Section of 
     the Criminal Division, $25,000,000 for each of the fiscal 
     years 2008, 2009, 2010, and 2011, to increase the number of 
     personnel to investigate and prosecute public corruption 
     offenses including sections 201, 203 through 209, 641, 654, 
     666, 1001, 1341, 1343, 1346, and 1951 of title 18, United 
     States Code.

  Mr. LEAHY. Mr. President, I am pleased to join with Senator Mark 
Pryor to offer an amendment to the ethics bill, the Effective 
Prosecutions Act of 2007. Our amendment would strengthen the tools 
available to Federal prosecutors in combating public corruption. It 
gives investigators and prosecutors the statutory rules and resources 
they need to assure that corruption is detected and prosecuted.
  In November, voters sent a strong message that they were tired of the 
culture of corruption. From war profiteers and corrupt officials in 
Iraq to convicted administration officials, to influence-peddling 
lobbyists and, regrettably, even Members of Congress, too many supposed 
public servants are serving their own interests rather than the public 
interests.
  Actually, the American people staged an intervention and made it 
clear they would not stand for it any longer, and they expect Congress 
to take action. We need to restore the people's trust by acting to 
clean up the people's government.
  The Legislative Transparency and Accountability Act will help to 
restore the people's trust. Similar legislation passed the Senate last 
year, but stalled in the House. This is a vital first step.
  But the most serious corruption cannot be prevented only by changing 
our own rules. Bribery and extortion are committed by people who are 
assuming they will not get caught. These offenses are very difficult to 
detect and even harder to prove. But because they attack our democracy 
itself, they have to be found out and punished. We can send a signal we 
don't believe in corruption, that we want it punished.
  I was pleased to join Senator Pryor last week to introduce the 
Effective Corruption Prosecutions Act of 2007, and I hope that all 
Senators will support us and incorporate this important bill into the 
Legislative Transparency and Accountability Act. Our legislation gives 
investigators and prosecutors the tools and resources they need to go 
after public corruption.

  Senator Pryor is a former attorney general. He understands, as I do, 
as I am a former prosecutor, the need for such legislation.
  First, it would extend the statute of limitations for the most 
serious public corruption offenses, extending it from 5 years to 8 
years for bribery, deprivation of honest services, and extortion by 
public officials.
  The reason this is important is these public corruption cases are 
among the most difficult and time consuming to investigate, before you 
even bring a charge. They often require use of informants and 
electronic monitoring, as well as review of extensive financial and 
electronic records, techniques which take time to develop and 
implement. Once you bring a charge, the statute of limitations tolls. 
You do not want it to run out before you can bring the charge.
  Bank fraud, arson, and passport fraud, among other offenses, all have 
10-year statutes of limitations. Since public corruption offenses are 
so important to our democracy and these cases are so difficult to 
investigate and prove, a more modest extended statute of limitations 
for these offenses is a reasonable step to help our corruption 
investigators and prosecutors do their jobs. Corrupt officials should 
not be able to get away with ill-gotten gains simply because they 
outwait the investigators.
  This legislation also facilitates the investigation and prosecution 
of an important offense known as Federal program bribery, Title 18, 
United States Code, section 666. Federal program bribery is the key 
Federal statute for prosecuting bribery involving State and local 
officials, as well as officials of the many organizations that receive 
substantial Federal money. This legislation would allow agents and 
prosecutors investigating this important offense to request authority 
to conduct wiretaps and to use Federal program bribery as a basis for a 
racketeering charge.

[[Page S333]]

  Wiretaps, when appropriately requested and authorized, are an 
important method for agents and prosecutors to gain evidence of corrupt 
activities, which can otherwise be next to impossible to prove without 
an informant. The Racketeer Influenced and Corrupt Organizations, RICO, 
statute is also an important tool which helps prosecutors target 
organized crime and corruption.
  Agents and prosecutors may currently request authority to conduct 
wiretaps to investigate many serious offenses, including bribery of 
Federal officials and even sports bribery, and may predicate RICO 
charges on these offenses, as well. It is only reasonable that these 
important tools also be available for investigating the similar and 
equally important offense of Federal program bribery.
  Lastly, the Effective Corruption Prosecutions Act authorizes $25 
million in additional Federal funds over each of the next four years to 
give Federal investigators and prosecutors needed resources to go after 
public corruption. Last month, FBI Director Mueller in written 
testimony to the Judiciary Committee called public corruption the FBI's 
top criminal investigative priority. However, a September 2005 Report 
by Department of Justice Inspector General Fine found that, from 2000 
to 2004, there was an overall reduction in public corruption matters 
handled by the FBI. The report also found declines in resources 
dedicated to investigating public corruption, in corruption cases 
initiated, and in cases forwarded to U.S. attorneys' offices.
  I am heartened by Director Mueller's assertion that there has 
recently been an increase in the number of agents investigating public 
corruption cases and the number of cases investigated, but I remain 
concerned by the inspector general's findings. I am concerned because 
the FBI in recent years has diverted resources away from criminal law 
priorities, including corruption, into counterterrorism. The FBI may 
need to divert further resources to cover the growing costs of 
Sentinel, their data management system. The Department of Justice has 
similarly diverted resources, particularly from United States 
Attorney's Offices.
  Additional funding is important to compensate for this diversion of 
resources and to ensure that corruption offenses are aggressively 
pursued. This legislation will give the FBI, the U.S. attorneys' 
offices, and the Public Integrity Section of the Department of Justice 
new resources to hire additional public corruption investigators and 
prosecutors. They can finally have the manpower they need to track down 
and make these difficult cases, and to root out corruption.
  These may sound like dry nuts-and-bolts measures, but what we are 
trying to figure out is what will actually allow us to investigate and 
prosecute the kinds of crimes that undermine our democracy.
  If we are serious about addressing the egregious misconduct that we 
have recently witnessed, Congress must enact meaningful legislation to 
give investigators and prosecutors the resources they need to enforce 
our public corruption laws. I strongly urge Congress to pass this 
important amendment as a major step to restoring the public's trust in 
their government.
  The PRESIDING OFFICER (Mr. Brown). The Senator from Utah.
  Mr. BENNETT. Would the Senator from Vermont yield for some questions?
  Mr. LEAHY. Certainly.
  Mr. BENNETT. Mr. President, my first question is whether the 
Department of Justice has asked for this and whether they need these 
additional resources to deal with the challenges.
  Mr. LEAHY. Mr. President, if I might answer that, last month the FBI 
directed written testimony to the Judiciary Committee. When GAO looked 
at it, the Department of Justice Inspector General found the numbers 
had gone way down partly because some of the resources had been 
converted to other matters. Regarding financial resources, as the 
distinguished Senator certainly knows, as he is on the Committee on 
Appropriations, enormous amounts of money were diverted to the very 
difficult setup of the computer system, the central system, and the 
FBI. Hundreds and hundreds and hundreds of millions of dollars 
literally went down the drain, and they have had to start all over.
  I understand from Director Mueller's assertion that there has been an 
increased number of agents investigating public corruption cases, but 
it also appears that the resources have not been there.
  If they don't want it, send it back to the Treasury. What I am 
concerned about, I say to my friend from Utah, and he is my friend, I 
recall in prosecutor days when legislative bodies would say, Boy, we 
are going to cut down on crime, we are going to give more crimes 
increased penalties; that will stop crime. And I said, Well, are you 
going to give us the resources to catch the people? No, we don't have 
money for that, but we will double the penalty.
  The fact is, if somebody commits a crime, they figure they won't get 
caught. On some of these sophisticated bribery cases, and I include 
influence-peddling cases, they think if they can wait out the short 
statute of limitations, the 5-year statute of limitations, they can get 
away with it. We will at least increase that to 8 years. It should be 
out there somewhere near sports bribery, which I believe is 10 years.
  Mr. BENNETT. Mr. President, I thank the Senator for his answer.
  It seems to me this is more of an appropriations issue rather than 
something that is relevant to this bill. I remember in history that 
Members of Congress who were involved in ABSCAM were picked up without 
the additional authority that is in this amendment. I remember Mayor 
Marion Barry, the Mayor of Washington, was videotaped with existing 
powers and existing resources at that time without the additional 
information of this amendment. As we have said, both Jack Abramoff and 
Duke Cunningham are in jail under existing procedures and existing 
resources.
  While I certainly do not want to be here characterized as being 
reluctant to pursue wrongdoing, I am not sure I understand why this 
particular activity is essential now, whether we have any indication 
that there is a great deal of Government corruption in both Houses that 
needs this kind of additional attention. If they need more money 
because of additional workload elsewhere, I am more than happy to vote 
for the more money. I would appreciate it if the Senator from Vermont 
would give Members the background of why he thinks this additional 
activity is necessary.
  Mr. LEAHY. The money will still be appropriated. Simply authorizing 
does not appropriate money. I don't want to be in a position where the 
Committee on Appropriations or somebody says we are not authorized. The 
distinguished Senator could easily say ``zero.'' I don't want them to 
say it is a great idea but they cannot authorize it.
  We just agreed to an amendment that makes it a crime that already 
exists and makes it a misdemeanor. The Senator from Utah supports that. 
This is for prevention of crimes and to make sure they can be 
prosecuted. They are not being prosecuted.
  The Senator mentions the Jack Abramoff case. We know that is ongoing, 
and there were lots of people who hoped they could wait out the statute 
of limitations on that bad boy. Under this, they will not.
  I suggest we make these retroactive. I am suggesting we need enough 
time to investigate. And the FBI has had to divert so much money--first 
the hundreds of millions lost because they screwed up on the computer 
system, and they have had to divert a lot more from it. If they want to 
come up here and tell us they don't need this, fine. I haven't heard 
that from the Department of Justice at all. I have heard from the 
Inspector General that these investigations have suddenly gone way down 
in the last 4 years. Maybe there has been a great new wave of morality 
in this country and we have only seen the most egregious cases. I 
believe in the redemption of everyone, but I am not sure it happens all 
at once.
  Mr. BENNETT. Mr. President, I will look at this amendment with great 
interest. I appreciate the sincerity with which my friend from Vermont 
offers it.
  My first reaction to the increase in the statute of limitations is 
that is fairly reasonable. My only immediate reaction is it gives the 
impression that there is widespread corruption that is not being 
examined in the Congress.
  Mr. LEAHY. This is not just the Congress; we are talking about the 
ability

[[Page S334]]

to go after State officials, for example, who are diverting public 
money. We are talking about a group that receives Federal funds and 
uses bribery to get it, going after or diverting it when they do. This 
is not just naming 535 Members of Congress but goes further than that.
  Mr. BENNETT. I appreciate that clarification. I will examine the 
amendment with great care.
  Mr. LEAHY. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. STEVENS. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Alaska.
  Mr. STEVENS. What is the pending business, Mr. President?
  The PRESIDING OFFICER. The Leahy amendment is the pending amendment.


                  Amendment No. 16 to Amendment No. 4

  Mr. STEVENS. Mr. President, I ask unanimous consent that amendment be 
set aside so I can offer an amendment to the Reid amendment No. 4.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. STEVENS. I have the amendment at the desk, Mr. President.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Alaska [Mr. Stevens] proposes an amendment 
     numbered 16 to amendment No. 4.

  Mr. STEVENS. Mr. President, I ask unanimous consent that reading of 
the amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

            (Purpose: To permit certain travel within State)

       At the appropriate place in the amendment insert the 
     following:
       ``(l) Notwithstanding any other provision of this paragraph 
     or any other rule, if there is not more than one flight daily 
     from a point in a Member's State to a point within that 
     Member's State, the Member may accept transportation in a 
     privately owned aircraft to that point provided (1) there is 
     no appearance of or actual conflict of interest, and (2) the 
     Member has the trip approved by the Select Committee on 
     Ethics. When accepting such transportation, the Member shall 
     reimburse the provider at either the rate of a first class 
     ticket, if available, or the rate of a full fare coach ticket 
     if first class rates are unavailable between those points.''.

  Mr. STEVENS. Mr. President, the current Senate rule requires Members 
to pay the cost of a first-class plane ticket for travel on a private 
plane. The amendment does not substantially reform our lobbying laws, 
and this amendment will place an undue burden on Members from rural 
States, at great expense to the taxpayers.
  Most Members who take private flights do so to complete official 
business. These flights enable Members from States such as Wyoming, 
Montana, and my State of Alaska access to rural areas. Our State does 
not have the infrastructure found in more densely populated States 
throughout the country. Many of our constituents live in communities 
that cannot be accessed by road. We need to fly to these remote 
communities.
  Despite this rule, or any other rule, these flights are essential and 
will continue and must continue to take place. This amendment will not 
provide meaningful reform. It will increase the amount of money Members 
need from the Treasury to pay for these flights. The taxpayer will foot 
the bill for the amendment, and the only real change will be more money 
in the pockets of those who own and operate the private planes.
  Those representing States with less-developed infrastructure and many 
geographically remote communities--my friends from other rural States 
and even some large States such as California--have this problem. It is 
a unique problem. It is essential to take flights into these rural 
areas because there are no roads to get there.
  In Alaska, almost 80 percent of our towns and villages cannot be 
accessed by road year-round. Even our State capital, Juneau, can only 
be reached by boat or by plane. There are few scheduled commercial 
flights a week to many villages in our State. Our State uses planes the 
way people in the lower 48 use cars, buses, and taxis.
  It is literally true. If I took a Senator to Bethel, for instance, 
and wanted to go upriver to visit some of the mines or the small 
villages, there is only one way to get there, and that is by plane, and 
in many instances a floatplane. But these are still private aircraft 
and would be banned by this amendment--or the actual cost of the 
operation of the plane would be required to be paid, but I would be 
paying that from taxpayers' funds, not from my funds but from the 
taxpayers' funds if this amendment passed.
  Flights on private planes are necessary in our State, particularly 
when traveling to areas which are only accessible by private planes or 
by long boat rides in the summertime. Along the great rivers such as 
the Yukon or the Kuskokwim, you could take a boat. It would take you 
several days to wind up those rivers to go to a village you might be 
able to fly to in 30 minutes.
  I use private planes to visit constituents who cannot afford to come 
to Washington to visit with our congressional delegation. On many 
occasions, I am asked to come to these villages to talk to them about 
their problems, and I can only go there by private plane. I use private 
planes to view the conditions in rural communities and villages. For 
instance, this last October, I visited the village of Kivalina in my 
State to view the catastrophic damage caused by winter storms there.
  Now, at times we do have available the Air National Guard planes. But 
in times of war such as this right now, to use these National Guard 
planes puts a substantial burden on the Guard because so many of their 
people are deployed.
  Now, I can recall several occasions when I have traveled with other 
Members on private planes to show them areas of our State which were 
subject to important legislation. These trips have been invaluable to 
our deliberations on the floor.
  I recall taking a group of Senators on a CODEL--``congressional 
delegation;'' that is ``CODEL''--to Prudhoe Bay to help them understand 
Alaska's oil industry. There is no public access to Prudhoe Bay and no 
commercial flights. We must fly in on an industry plane.
  We continued the CODEL. After we got there--we went up by their jet--
we took a helicopter flight over the Coastal Plain of ANWR. Now, that, 
again, was about an hour and a half flight, out and back, on a 
helicopter. That flight was on a private helicopter, owned by some 
entity within the oil industry there at Prudhoe Bay. Had this proposed 
amendment been in effect, that trip would not have been possible, as 
the cost of the trip would have been prohibitive.
  Now, other people were going up there anyway and we flew up on their 
plane to Prudhoe Bay.
  On the helicopter, they wanted us to go out and see these conditions 
where drilling would take place. But it would not have been possible 
for the Senators who were our visitors to see this area firsthand. The 
area we went to and had them look at is an area that currently is 
producing 16 percent of our Nation's energy. If you want to go visit 
that industry in Oklahoma or somewhere like that, you would go to a 
town by commercial aircraft and you would get probably in a private car 
and they would drive you out. I doubt that you would have to have a 
helicopter. But what I am saying is, our conditions require air where 
other people use buses, taxis, or private automobiles.
  There are countless examples of how we use these airplanes. For 
instance, about 3 years ago, I went along on a flight that was going to 
Bethel, AK. This is an area out in the Kuskokwim Delta area of our 
State. The person who asked me to go with him wanted me to personally 
experience the use of a capstone variant. A capstone is a system that 
has revolutionized the airline safety industry in our State. In the 
1990s, for instance, an airplane crashed on average every other day in 
my State. We had an aircraft-related fatality every 9 days. Capstone 
and these related technologies, which make cockpit technology available 
to the pilot to know what is going on and what the threats are, have 
reduced these airplane crashes by 40 percent.
  The reason I went along was they wanted me to see that system and to 
experience it so I would understand it and support the money the FAA 
was

[[Page S335]]

going to ask for in terms of development of these new technologies.
  I went out to Valdez several times on an industry airplane to review 
the 1989 oil spill in my State, once in a Coast Guard jet. That was my 
first flight to see that fantastically horrible and great disaster. But 
we went out several times to try to figure out what to do with our 
oversight of the oil spill itself. We went out in a private airplane. I 
also recently took a flight from Point Barrow, which is at the top of 
our State, the farthest north portion of our State, over to Nome, which 
is out on the peninsula, and it is a flight--there is no scheduled 
service between those two places. It is about 300 miles. If I had not 
taken that flight on a private plane, I would have gone down to 
Fairbanks from Barrow, gone to Anchorage, and then flown back up to 
Kotzebue and come down to Nome. It actually saved the taxpayers money. 
This was an official business trip that saved the taxpayers money by 
going the same way on a private plane, and we compensated the owner of 
that plane under the current rule with the equivalent of a first-class 
fare between those two places, had there been such a scheduled flight 
in the first place.
  For instance, the flight from Anchorage alone to Nome is 540 miles. 
It is farther than from here to Chicago. I think that is about 500 
miles. Anyway, if this amendment passes, I have to ask the Senate, what 
should we do, those of us who represent rural areas such as this? I 
don't think the Senate expects us not to respond to a constituent's 
request, particularly an organized area such as a village or a city, to 
come view the conditions in their area when they believe they need 
Federal assistance. We have to take planes to get to such areas.
  Last October, I visited several communities along the west coast of 
Alaska that had been damaged by severe storms, and we used a 
combination of commercial, charter, and private aircraft. We worked out 
what was the best advantage to the Government and used different types 
of aircraft as we went on that trip. I saw firsthand the problems of 
erosion that are going on there and learned about the needs of those 
places, particularly the problems these villages will face in the 
future if continued erosion takes place and they have to move back from 
these barrier islands on which they live. My charter cost alone, one 
way from Kotzebue to Bethel, was $1,500. That was the charter cost 
which we paid on the equivalent because there was no scheduled flight 
there, a 3-hour flight, more than triple the total cost for commercial 
and private flight combined. Had this amendment been in effect, there 
would have been no way that I could have justified spending taxpayers' 
money for this type of transportation cost.
  If a Member from another State is going from one town to another and 
someone is going to drive there, there is no provision that anybody 
would have to pay for the cost of going in an automobile to another 
town. The effect of this amendment now would be that whenever I use an 
aircraft that is a private aircraft, I would have to repay from the 
Treasury, by asking for the funds, to an organization with a plane that 
was going to fly there anyway.
  I think our current rule is very fair. It says we pay the operator of 
those airplanes the equivalent first-class fare to travel from point to 
point in our State. It would be unreasonably expensive to apply the 
provisions of the pending amendment to our State.
  It is particularly burdensome because of our Senate rules. I don't 
think many Members think about this. Our office allowances are based on 
population, not the distance we travel within our State. We would have 
to pay from our allowances. And each Senator gets a maximum allowance 
per year from the Senate. This amendment, if enacted, will mean that my 
budget will run out in the first month or two of the calendar year. It 
would not permit us to travel to these remote communities throughout 
the year. It would simply become too expensive to deal with going to 
these communities to listen to their complaints and to view them and to 
be able to report to the Senate.
  I believe that if a plane is going to a village in the direction I 
need to go, if there is room on that for my staff and me, we should be 
able to get on that plane and go see the problems they want us to see. 
And it is reasonable to compensate them at what it would cost to fly on 
a commercial flight, if there was one. That is what we have been doing. 
I have never had a complaint from anyone in my years here in the Senate 
traveling under the existing rule. Taxpayers, however, should not have 
to pay outrageous costs for us to do our business.
  As a matter of fact, as I said, once we have exhausted our 
allowances, and coming from a State that has a small population but is 
enormous, this is going to be an enormous burden on those of us who 
represent our State.
  I have hesitated to try to get an exemption for Alaska. I am not 
doing that. The amendment I have before the Senate will continue the 
current rule but would say that we can travel on a privately owned 
aircraft to the point where there is not commercial service, but we 
would have to go to the Ethics Committee and show there is no 
appearance or actual conflict of interest in taking the trip, and the 
trip would have to be approved by the Ethics Committee. I think that 
gives it a transparency. We not only will report after we take the 
trip, but we will get approval of the Ethics Committee before we take 
the trip.

  There is a lack of commercial air service in many areas in the lower 
48 that this would apply to, the larger States in the West in 
particular. We just do not have frequent flights between our 
communities that other States enjoy. We travel great distances to see 
our constituents. When I go west from Anchorage out to Shemya--that is 
the place where the X-band radar was going to be and where the current 
radars they operate in the North Pacific are, a former large air base 
that is not very large now--that is 1,200 miles. If I go out farther 
than that to Adak, it is almost 1,800 miles. If I fly from Anchorage to 
Unalakleet, the charter rate under the Reid amendment would be 
thousands of dollars. I should go to places like that at least once a 
year. I try to do that.
  The effect of this prohibition against using these private planes 
unless we pay the charter rate is really very oppressive.
  Mr. GREGG. Will the Senator yield so I may ask a question?
  Mr. STEVENS. I do yield without losing my right to the floor.
  Mr. GREGG. I ask unanimous consent that at the conclusion of the 
Senator's remarks, I be recognized.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. STEVENS. The pending amendment will not improve the system as far 
as those of us from these rural States are concerned. It will hurt our 
constituents. I think it will punish the taxpayers.
  Some have suggested that raising the cost of private plane travel is 
important because it gives the appearance of fairness. The reason is 
that citizens cannot fly on private planes, so we should not be able to 
fly on them, either. The difference is that a private citizen in my 
State doesn't have to go to Kivalina, doesn't have to go to Unalakleet, 
doesn't have to go to these places where changes are taking place as we 
speak. The whole Arctic is changing because of the current 
circumstances. I think the Senate is going to hear more about that. But 
as these changes take place, we must go there. We must try to take 
people from the administration there. We must try to get the Corps of 
Engineers and other agencies to go with us to see what can be done to 
meet the problems our constituents face.
  I don't think there are many Senators who would have to visit four or 
five communities in one weekend that are so far apart. We usually only 
have a weekend to make trips such as this. If those of us who have to 
do this have to pay this charter rate, it is not our money, this is 
official business. If this amendment passes, I will be asked to spend 
part of the allowance I get to run my Senate office at enormous cost to 
pay the full cost of flying the plane on a charter rate even though 
there are other people in that plane who are already going on company 
business and they are willing to take us along on the basis of paying 
what would be the equivalent in terms of a commercial rate.
  We need transparency. I support that. We want to try to do this 
without additional burden to our taxpayers. I think we should disclose 
flights on private planes, and we do. We disclose

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them. Today we disclose. Under the current rule, we disclose whom we 
paid when we go on these flights. From my point of view, we ought to 
look at this amendment from the point of view of appearances, but it 
really is not totally appearances. It is necessity. If this amendment 
passes, we will face the difficult choice of either flying to remote 
communities at considerable cost to the taxpayer or to the State and 
the developed communities or failing to do the duty to those we 
represent who live in these remote areas. I think Alaska has probably 
the most pressing problems of any State in terms of the changes that 
are coming back because of global climate change. There is no question 
about that.
  We will do everything we can to assist a Senator who faces problems 
such as that but not do it in a way that will increase substantially 
the cost to the taxpayers and reduce our ability to do our jobs as 
Senators. If I have to use this money to take those trips to these 
small cities, I will not have the money to do the things I would 
normally do--for instance, flying from here to Alaska. The same funds 
that are available to us to pay these charters flights are the funds I 
use to fly to Alaska.
  I parenthetically say, Mr. President, when I came here, a Senator was 
allowed two trips a year. One to come down and go back and another to 
go home. Today, many of us make 10, 15, 20 trips. One time, I made 35 
trips home to my State of Alaska because there were so many problems 
and things we had to do. It was not for campaigning or an election 
year, it was to talk to people about problems they were facing.
  I don't think this amendment is part of lobbying reform. I understand 
the need to find some way to deal with it. I, also, believe we should 
have some exception in the amendments that deals with the problems we 
face, where we cannot travel except by the use of private planes. I 
hope the Senator from California will take occasion to look at this 
amendment. I know that being a Californian, there are problems she 
faces, too, but not on the regular basis that we face, in terms of 
dealing with Alaska.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from California is recognized.
  Mrs. FEINSTEIN. Mr. President, I know there is a unanimous consent 
agreement of the Senator from New Hampshire. Would he allow me to 
answer the Senator from Alaska?
  Mr. GREGG. Yes, I will do that.
  Mrs. FEINSTEIN. On the face of this, I don't have a problem with it.
  Mr. STEVENS. I thank the Senator.
  Mrs. FEINSTEIN. I appreciate the smile. It is a rare one.
  The PRESIDING OFFICER. The Senator from New Hampshire is recognized.


                            Amendment No. 17

  Mr. GREGG. Mr. President, I rise to offer an amendment to this bill, 
along with Senator DeMint and a number of colleagues--about 25 of them.
  Mr. GREGG. This amendment we are offering is what we call the second 
look at waste amendment. It is a child of the original line-item veto, 
although it is not a line-item veto. As the Congress will remember, we 
passed the line-item veto in the early 1990s and gave President Clinton 
that authority. He actually used that authority. It was challenged in 
court and was found to be unconstitutional. But that line-item veto was 
passed rather strongly by this Congress and by the Senate, and it was a 
bipartisan effort, which I hope this will be, to try to allow the 
executive branch more opportunity to address omnibus bills around here.
  This proposal that we put forward is not like the line-item veto 
because it doesn't have the same constitutional impact. It is truly a 
second look at waste amendment, where we basically say to the executive 
branch that if you get one of these omnibus bills filled with different 
initiatives--and these bills can be hundreds of pages long and can 
involve hundreds of billions of dollars of spending and massive amounts 
of authorization, and it is not unlikely that there is going to be a 
fair amount of activity put in there because somebody knows it is an 
omnibus bill and they know it is going to have to pass and go forward, 
and even though the language put in may be questionable as to purpose, 
policy or as to just plain waste, it gets stuck in this--baggage thrown 
in the train as they say--that baggage can never be looked at. The 
President has no capacity to take another look at this. Congress ends 
up with the vote--and we get one vote, usually, on these types of 
bills; sometimes in the Senate we get more shots at it. They are not 
scrutinized at an intensity level that they should be.
  So this second look at waste language essentially says that the 
President can, on four different occasions during the year, send up 
what amounts to an enhanced rescission package, where if he has gotten 
bills that have had in them things the executive branch deems to be 
inappropriate, most likely wasteful spending or spending that is 
unnecessary or maybe counterproductive even, he can ask the Congress--
or she, maybe in the next round--to take another look at that spending, 
and there is a fast-track procedure where that goes to a vote.
  The savings, should they occur as a result of rescission--and it is 
presumed that all rescissions will involve savings--will go to deficit 
reduction. The language itself is essentially modeled after language 
that was offered as a Democratic substitute by the Democratic 
leadership back when we were debating the original line-item bill 
President Clinton ended up having the authority to use. So we have 
tried to structure it in a bipartisan way, using bipartisan language 
and verses--for example, the language originally sent up by the White 
House as to how they would have liked to have handled this, which we 
felt overreached the authority of the executive significantly, and we 
have basically set that language aside and moved forward with this 
language, which is more restrictive on executive rights. It truly 
retains the right of the legislative branch to control the spending 
issues. But it does ask us, as the legislative branch, to take another 
look at things that may be of questionable interest. Of course, if both 
Houses don't approve the request from the President, the spending stays 
in place. So it is one of these light-of-day amendments that tracks 
very closely what is being proposed in both Houses in the area of 
earmarks.

  It is an attempt to address what is a common event, which is a 
cluster or a significant earmark not necessarily individually directed 
but maybe more expansive, that is put in a bill that the executive 
simply can't not sign and the Congress can't not pass. So it is an 
attempt to basically bring some transparency, light of day, on some of 
what occurs around here and is referred to as occurring in the middle 
of the night.
  It is an initiative which has very strong support by a large number 
of groups. A few would be the Chamber of Commerce, the Center for 
Individual Freedom, the Concord Coalition, Americans for Tax Reform--
groups that are interested--the National Taxpayers Union--groups that 
are interested in having more discipline over the fiscal process of 
this Government.
  All this is is another disciplining mechanism. It actually gives the 
executive branch the opportunity to come forward and say, listen, do 
you want to do this? Did you want to spend this money in this way? If 
the Congress concludes that, yes, it did, the matter is over. In fact, 
it takes an affirmative action of the Congress to confirm the decision 
of the executive or the request of the executive to pursue this course 
of action of not spending this money. The original Presidential 
proposal would have allowed them to send up numerous rescission 
requests, which could have tied the Congress up technically and 
practically for months. This avoids that. It is very limited. They can 
only send up four, and one has to come up with a budget. The original 
request from the executive branch would have said that they could 
withhold spending on something that they decided to send a rescission 
up on for up to 180 days, with the practical effect being they could 
have withheld spending almost forever.
  This bill dramatically shortens that to 45 days or until Congress 
acts. It is similar to a BRAC approach, in other words. It says you 
tell us what you think should be rescinded. We will act within a short 
timeframe. If we disagree or decide not to act in a way that is 
consistent with your request, then the matter is over and the money 
gets spent. If we agree, the rescission occurs and both Houses must 
concur in the rescission.

[[Page S337]]

  So this is an exercise in good Government, in transparency, and it is 
an exercise in trying to give the American people the information they 
need on bills that are very complex and sometimes have a lot of 
questionable activity buried in them, to give them another chance to 
have those decisions reviewed. It is an exercise in fiscal discipline 
because the money saved goes to deficit reduction.
  As I said, it has very strong support. I hope that my colleagues will 
join us in supporting this. I see that the Senator from South Carolina 
has joined us on the floor. He has been a strong spokesperson for this 
initiative.
  I send my amendment to the desk.
  The PRESIDING OFFICER. Without objection, the pending amendment is 
set aside without objection.
  The clerk will report.
  The legislative clerk read as follows:

       The Senator from New Hampshire (Mr. Gregg), for himself, 
     Mr. DeMint, Mrs. Dole, Mr. Burr, Mr. Chambliss, Mr. Thomas, 
     Mr. Sessions, Mr. McConnell, Mr. Lott, Mr. Kyl, Mrs. 
     Hutchison, Mr. Cornyn, Mr. Allard, Mr. Crapo, Mr. Bunning, 
     Mr. Vitter, Mr. Brownback, Mr. Alexander, Mr. Craig, Mr. 
     McCain, Mr. Sununu, Mr. Enzi, Mr. Martinez, Mr. Coleman, Mr. 
     Graham, and Mr. Voinovich, proposes an amendment numbered 17.

  Mr. GREGG. Mr. President, I ask unanimous consent that reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  Mr. GREGG. Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from South Carolina.
  Mr. DeMINT. Mr. President, I rise in support of the amendment offered 
by Senator Gregg. This amendment would establish a legislative line-
item veto.
  The American people sent a clear message in November that they were 
tired of a broken system that wasted their hard-earned money on pork 
projects. They want us to make the tough decisions and end the ``favor 
factory,'' where taxpayer money goes to the highest bidding lobbyist.
  The legislative line-item veto strikes at the heart of this ethics 
dilemma. It gives the President the ability to strip special spending 
and earmarks out of a bill and send them back to Congress for an up-or-
down vote. By doing this, it allows the administration to work with 
Congress in a constructive way to reduce wasteful spending, to reduce 
the budget deficit and ensure that taxpayer dollars are spent wisely.
  The Senator's amendment permits the President to submit to Congress 
proposals to cancel specific appropriations, as well as items of direct 
spending and targeted tax benefits. Both the House and the Senate would 
have to vote on each Presidential proposal, without amendment, within a 
short timeframe. But the proposed rescission could not take effect 
unless approved by Congress.
  Mr. President, giving the President enhanced authority to seek 
rescission of new spending will help ensure that taxpayer dollars are 
not wasted on earmarks that are not national priorities. Since the 
Supreme Court struck down the Line-Item Veto Act of 1996, the number of 
earmarks has significantly increased. The line-item veto has a long 
history of bipartisan support. At least 11 Presidents from both parties 
have called for the authority to address individual spending items 
wrapped into larger bills. These Presidents include Grant, Hayes, 
Arthur, Roosevelt, Truman, Eisenhower, Nixon, Ford, Reagan, Bush, and 
Clinton. Additionally, the Governors of 43 out of 53 States already 
have this authority.
  Mr. President, the Senator's proposal is also consistent with the 
Constitution. In its 1998 ruling striking down the Line-Item Veto Act 
of 1996, the Supreme Court concluded that the act ``gave the President 
the unilateral power to change the text of duly enacted statutes.'' 
However, this amendment does not raise those constitutional issues 
because the President's rescissions must be enacted by both Houses of 
Congress and signed into law.
  This amendment has been dramatically curtailed so that even 
supporters of congressional earmarks can support it because it limits 
the President to four rescission packages a year. The fast-track 
mechanism is similar to what we use for BRAC, as well as free trade 
agreements. Rather than forcing Americans to accept a foot-tall omnibus 
spending bill with thousands of earmarks, this amendment will give the 
President a second look at waste so we can all protect American 
taxpayers.
  This is an important amendment. We know that earmarks have gotten way 
out of control and must be reduced. Without this commonsense provision, 
this bill cannot be serious about addressing earmarks, as well as the 
corruption that is associated with them.
  The Senator's amendment is very sound, and I urge my colleagues to 
support the amendment.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from North Dakota.
  Mrs. HUTCHISON. Mr. President, will the Senator yield? I ask 
unanimous consent that following the remarks of Senator Conrad, I be 
recognized to speak in support of the amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from North Dakota.
  Mr. CONRAD. Mr. President, this is one of the all-time worst ideas to 
be brought to the Chamber. First, it has no place on this bill. This 
bill is about ethics reform. What our colleagues have brought is a 
budget matter, without taking it to the Budget Committee first, without 
hearings, without a chance for review, without a recommendation. As a 
result, it is subject to a budget point of order which, if other action 
is not taken, I will be constrained to raise at the appropriate time.
  Why do I say this is a bad idea? Because it has virtually nothing to 
do with budget discipline, and it has virtually everything to do with 
increasing the power of the President. That is what this is about.
  I hope colleagues understand that this provision, if adopted, would 
actually undermine the chances to do something about our long-term 
fiscal imbalances. People listening may wonder: How can that be? How 
can the line-item veto in any way endanger a long-term agreement on 
entitlements? Let me say why.
  Tucked away in this little legislative offering that has been 
casually brought to the floor without going through the Budget 
Committee first are provisions that would allow the President to target 
any agreement reached on a long-term solution to our entitlement 
challenges. So we could have--and we are working to achieve now--a 
long-term agreement to face up to the demographic tsunami that is 
coming at us. We could engage all of this year in resolving those 
matters in a bipartisan way--Democrats and Republicans working 
together--and then the President could come in the backdoor and cherry-
pick those provisions with which he disagrees.
  If my colleagues want to undermine the negotiation, the bipartisan 
negotiation that needs to occur here on long-term entitlements, if they 
want to endanger that enterprise, adopt this amendment, hand that power 
to the President. If they want to instead engage in a serious 
negotiation, forget about this amendment, and let's get about the work 
of preparing a plan to deal with our long-term fiscal challenges. But 
if anybody thinks we are going to enter into a seriatim negotiation in 
which we first negotiate in good faith on both sides to achieve a long-
term solution and then we hand the President the ability to come and 
cherry-pick the whole thing, forget it. That is not going to work.
  We already know what the President's policies have done to our fiscal 
outlook. The deficits on this President's watch have exploded. He 
inherited a balanced budget. He promptly put us in deficit and then in 
record deficits for 2003 and 2004, 2005, the third worst deficit in our 
history, and some improvement last year.
  These have been enormous deficits and deficits that understate the 
problem because last year while the deficit was $248 billion, the 
addition to the debt was $546 billion. I find when I talk to my 
constituents that they are very surprised by this enormous difference 
between the size of the deficit and the additions to the debt. The 
biggest reason for the differences is the $185 billion of Social 
Security money that was taken last year to pay other bills.
  I have said to my constituents: If anybody tried to do this in the 
private sector--tried to take the retirement

[[Page S338]]

funds of their employees and use it to pay other operating expenses--
they would be on their way to a Federal institution, but it wouldn't be 
the Congress of the United States, it wouldn't be the White House. They 
would be headed for the big house because that is a violation of 
Federal law.
  The combined result, in terms of our debt, of these fiscal policies 
has been to increase the debt of the country by more than 50 percent 
through last year, and we are headed for another $3 trillion of debt 
over the next 5 years if the President's policies are pursued. That is 
a combination of increases in spending and reductions in revenue.
  On the spending side, the President inherited a budget that was 
spending about 18.4 percent of GDP. We are up to 20.4 percent of GDP 
last year. This is a very significant increase in spending and, of 
course, revenue has stagnated.
  Only last year did we get back to the revenue base that we had in the 
year 2000. While there has been significant revenue growth in the last 
2 or 3 years, even with that we are only now back to the revenue base 
we enjoyed in 2000.
  On the question of whether this line-item rescission is going to make 
a difference with respect to the deficit, here is a USA Today editorial 
from last year on the line-item veto. The editorial states:

        . . . [T]he line-item veto is a convenient distraction. 
     The vast bulk of the deficit is not the result of self-
     aggrandizing line items, infuriating as they are.

  And make no mistake, I am for disciplining the notion of these line 
items, these individual items that Members stick into appropriations 
bills. Senator McCain and I had a legislative proposal last year to 
discipline that process. The line-item veto before us makes very little 
difference.

       The deficit is primarily caused by unwillingness to make 
     hard choices on benefit programs or to levy the taxes to pay 
     for the true cost of government.

  This is the Roanoke Times, a newspaper in Virginia, from last year. 
They pointed out:
       . . . [T]he president already has the only tool he needs: 
     The veto. That Bush has declined to challenge Congress in 
     five-plus years is his choice. The White House no doubt sees 
     reviving this debate as a means of distracting people from 
     the missteps, miscalculations, mistruths and mistakes that 
     have dogged Bush and sent his approval rating south. The 
     current problems are not systemic; they are ideological. A 
     line-item veto will not magically grant lawmakers and the 
     president fiscal discipline and economic sense.

  They are not alone in that assessment. Here is the previous CBO 
Director. He is actually still the CBO Director, will be until his 
successor takes office some time later this week or perhaps some time 
next week. Here is what he said:

       Such tools, however, cannot establish fiscal discipline 
     unless there is a political consensus to do so. . . . In the 
     absence of that consensus, the proposed changes to the 
     rescission process . . . are unlikely to greatly affect the 
     budget's bottom line.

  Not only do newspaper editorialists and the CBO Director cast doubt 
on the significance of this with respect to the question of fiscal 
discipline, Senator Gregg said this last year:

       Passage of [the line-item veto] legislation would be a 
     ``political victory'' that would not address long-term 
     problems posed by growing entitlement programs.

  The Budget Committee chairman also said:

       . . . it would have ``very little impact'' on the budget 
     deficit.

  He was being a truthteller then, and I think it is the truth now.
  George Will, the conservative columnist, made this point:

       It would aggravate an imbalance in our constitutional 
     system that has been growing for seven decades: the expansion 
     of executive power at the expense of the legislature.

  Those are words. Let me put it into a real-life example. If we give 
this power to the President, what is to prevent him from calling up 
Senator Conrad and saying: You know, Senator, I know you represent a 
State that is rural. I know that rural electric cooperatives are 
critically important to delivering electricity in your rural areas. I 
know you have a provision in a recent appropriations bill that would 
address safety concerns on those systems. You know, we are looking at 
the line-item rescission package that I might be sending up, and I 
would like to be able to help you on that proposal you have to improve 
the safety of rural electric systems, but, you know, separately I have 
a judge who is coming up for confirmation. I know you have said some 
harsh things about that judge, that you don't want to approve him. I 
don't want to suggest in any way these things are linked, but, Senator, 
I need your help on the confirmation of that judge. Separately--I don't 
want to connect these two at all--I also am reviewing this package of 
rescissions and would very much hope I wouldn't have to include your 
provision to make rural electric systems in your State more safe and 
more secure.
  I think I would get the message. That is exactly what we don't need: 
to hand more power to this President; frankly, as far as I am 
concerned, to hand more power to any President, more power to put 
leverage on individuals in the Senate and the House to bend to the will 
of the White House. They already have enough power down there.
  American Enterprise Scholar Mr. Ornstein said this about the line-
item veto:

       The larger reality is that this line-item veto proposal 
     gives the President a great additional mischief-making 
     capability, to pluck out items to punish lawmakers he doesn't 
     like, or to threaten individual lawmakers to get votes on 
     other things, without having any noticeable impact on budget 
     growth or restraint.
       More broadly, it simply shows the lack of institutional 
     integrity and patriotism by the majority in Congress. They 
     have lots of ways to put the responsibility of budget 
     restraint where it belongs--on themselves. Instead, they 
     willingly, even eagerly, try to turn their most basic power 
     over to the President. Shameful, just shameful.

  I think it is shameful. More than shameful, this, I believe, is a 
fundamental threat to the negotiation which must occur in this body and 
in the other body and with the President of the United States. That is 
a negotiation on the long-term fiscal imbalances of this country, 
including Medicare, Social Security, Medicaid, and the structural 
deficit as well.
  If we are to engage in good faith on that negotiation, we simply 
can't be subject to a circumstance in which once that negotiation is 
completed, the President is free to cherry-pick which part of the deal 
he will allow to move forward. That would completely undermine the 
ability to have this negotiation.

  Let me just end by making these points. One, this proposal represents 
an abdication of congressional responsibility. Two, it shifts too much 
power to the executive branch with little impact on the deficit. Three, 
it provides the President up to a year to submit rescission requests--
up to a year. It requires the Congress to vote on the President's 
proposals within 10 days. It provides no opportunity to amend or 
filibuster proposed rescissions--no opportunity to amend. Sometimes I 
really don't know what our colleagues are thinking. It allows the 
President to cancel new mandatory spending proposals passed by Congress 
such as those dealing with Social Security, Medicare, veterans, and 
agriculture at the very time we are poised to enter into a negotiation 
on those very matters.
  If there were ever an ill-considered amendment, inappropriate to the 
underlying legislation, this is it. I urge my colleagues to either 
support a budget point of order against this matter because it violates 
the budget rules very clearly or support a tabling motion to get on to 
the business of passing this ethics reform proposal. But to mix budget 
issues with ethics reform has the entire matter confused and 
fundamentally threatens the opportunity to do what must be done, which 
is for Democrats and Republicans together to consider long-term 
entitlement reform.
  I thank the Chair, and I yield the floor.
  The PRESIDING OFFICER. The Senator from Texas is recognized.
  Mrs. HUTCHISON. Mr. President, I rise today to speak in favor of the 
amendment, but I do think that some of the points that have been made 
are valid. I am supporting this amendment because I believe it is 
important that we do everything possible to put restraints on spending 
and go back to the balanced budget we had before terrorists struck our 
country in 2001. I think that is so important that passing an amendment 
to try for 4 years--and it does have a 4-year sunset provision--to see 
if we can give the President the authority to do some big overall cuts 
is a good idea, but I did do it with some reservation.

[[Page S339]]

  I supported the line-item veto that was passed by the Congress in 
1996. I supported it because I thought it would provide fiscal 
restraint. I think it was misused, and I was very pleased when the 
Supreme Court overturned it. I said I would never vote for it again 
because I believe the Constitution is very clear that Congress has the 
purse strings. That is how James Madison phrased it in the Federalist 
Papers: the power of the purse is in Congress. That is where the budget 
is passed to go to the President, and I believe we should uphold our 
part of the Constitution.
  Earmark reform is important, and the most important part that I hope 
we will pass is transparency. It is important that people be willing to 
stand up and say: Yes, I did this earmark.
  Let me just tell my colleagues how I operate on the Appropriations 
Committee with regard to my State. Obviously, as chairman of the 
Military Construction and Veterans Affairs Subcommittee and now as its 
ranking member, I pass appropriations that come from the President and 
from the Pentagon for military installations. But I also take care of 
my State--that is what I was elected by my constituents to do--and I 
balance the needs of the cities in my State. So if the biggest need in 
Houston, TX, is the dredging of the port because it is such an economic 
engine for Houston, that is what my major priority for Houston is going 
to be. On the other hand, for Dallas, it is going to be the Dallas Area 
Rapid Transit Authority or the Trinity River flood control project, and 
that is my major priority for Dallas. And it goes on that way. I 
balance so that the major needs of my cities are met and their highest 
priorities are met. But it doesn't mean they get everything they ask 
for. The lower priorities will not be met.
  If we turn this over to the executive branch, how is the employee 
sitting at the Department of Transportation going to know that the 
major need of Dallas is DART and the major need of Houston is over in 
the Interior Department or the Energy Department or the Corps of 
Engineers? How are those two people in Federal agencies who have never 
been to Dallas or Houston going to know that the first priority is 
something besides what they are giving them? That is my job. That is 
what I do. I am proud of it, and I want it to be transparent, and that 
is the reform which we should enact.
  So I don't want to just continue to hear that earmark reform is pork 
barrel spending reform. Spending is spending. If it is done in the 
executive branch or if it is done by Congress, it is spending, and 
hopefully we have a system that funds the top priorities.
  I believe there are projects that are not in the national interest 
that go into appropriations bills. That is why I think some reining in 
of the process through this amendment can be a good thing, and it is 
why I have supported it and am supporting it. It does have the 
capability to give the President the authority to go in and look at 
projects he believes don't meet the national need, and he is elected by 
the people of our country. I believe letting him have four different 
times to come to Congress and rescind may be too many. I hope that 
number could be brought to two. I would think the OMB and the President 
would be able to see, during two different budget or appropriations 
analyses, that a project wouldn't meet the President's standards, and 
then it could come back to Congress and Congress can say we disagree 
with the President or we agree with the President. It is the coming 
back to Congress that is the change from the original line-item veto 
that was passed in 1996 and which should allow the Supreme Court to 
affirm this rescission process.

  I think it is worth a try. But I also would say for the record that 
we are going to have President Bush for 2 years and we are going to 
have a new President for 2 years, the duration of this amendment if it 
passes and goes into law. I think that will be a good test. Congress 
will then have the right to come back and say it has worked well, it 
has cut spending, it has prioritized better. Frankly, maybe some people 
won't put earmarks in bills if they are not proud that the earmarks 
serve a national interest, and maybe that in itself will bring down the 
number of earmarks and the spending.
  But the bottom line is that we are on a trajectory to have a balanced 
budget because we are setting budget limits on what we appropriate. We 
always do that, and then we reconcile. And we have been able to keep 
the economy strong and bring down the unemployment rate by keeping the 
tax cuts we gave the American people in 2001 and 2003. Unemployment is 
at an all-time low. So I think we are exercising fiscal restraint, 
particularly in light of the fact that we have had some major hits on 
our country that have required us to spend money--hits such as 9/11, 
the war on terror, which is the most important security issue facing 
our country, and Hurricane Katrina and the rebuilding of New Orleans 
and Mississippi. We need to do those things and do them well. We know 
that. Despite all of those added expenditures, we have half the deficit 
that was built up after our country was hit by terrorists, and we are 
on the way to bringing it lower, and that is our goal. It must be our 
goal. I think this amendment can help us in furthering that goal.
  So I am going to support it. It has changed since the first time the 
Senator from New Hampshire introduced it. I didn't support it in the 
beginning. He has made changes that make it more palatable to a Member 
of Congress who is trying to uphold the right of Congress under the 
Constitution, which I believe is my responsibility to do. I must uphold 
the rights of Congress in order to keep the three branches equal, as 
much as we can do that. That is the beauty of our constitutional 
framework, that balance of power.
  I also have a responsibility to my constituents who elected me to 
make sure that my State is treated fairly. I am proud of what we have 
been able to do, and I want it in the open. I believe reform is 
necessary, and I am going to support the amendment. But if this 
amendment does go into effect, I would urge this President and the next 
President who will have this vast authority to use it wisely and 
judiciously because that is the only way it will have the effect we are 
all intending it to have.
  Mr. President, I yield the floor.
  The PRESIDING OFFICER. The Senator from Michigan is recognized.
  Ms. STABENOW. Mr. President, I rise today to oppose the Gregg 
amendment because as a member of the Budget Committee, as we have 
watched this develop and as we worked on it last year in committee, I 
believe it is too broad and not in the public interest.
  I am not opposed to line-item veto. In Michigan, when I was in the 
State legislature for 16 years, we had and have a line-item veto, but 
it is a very narrowly crafted line-item veto in a very different 
setting. We have a germaneness rule in Michigan that certainly we do 
not have here, where topic by topic is taken up separately, or 
legislation separately. We here work in a larger format where we are 
many times--most of the time--negotiating very complex legislation, and 
frequently we have a number of different issues and interests coming 
into the same bill, and it creates a very different climate in which 
this is being discussed.
  Also, this is a very broad application, and I believe too broad. Let 
me give my colleagues an example. The amendment would give the 
President unprecedented powers to dramatically weaken any legislation 
we might put together that would strengthen Social Security or Medicare 
or any other areas of mandatory spending such as veterans' benefits or 
other areas where we have critical needs. Let's suppose for a moment 
that we come together, and this is the way it is always done, and we 
negotiate an agreement around Social Security or around Medicare, and 
as always, it is a give and take.
  Let's say, for instance, around Medicare, it is a provision where the 
industry receives certain things they would like to see happen, and on 
the other side, those things that are important for people, for 
seniors, for the disabled, for those trying to be able to afford 
medicine, we negotiate things there that allow prices to go down or 
more competition or better benefits. But then it goes to the President, 
and under this particular bill the President will be allowed to go into 
that legislation and veto certain parts of an agreement that the Senate 
and the House made to come up with something that was balanced, that 
would allow legislation to happen. The President will be

[[Page S340]]

able to come in, for instance, and decide to keep the provisions of the 
pharmaceutical industry, an industry he has been very close to, and at 
the same time he might then strike out provisions regarding negotiation 
or improved benefits or something else that might help seniors or 
people and put pressure on the industry to have a more competitive 
pricing system.
  This is something that I believe we should not, in good conscience, 
allow to happen. It is our job to sort through all of the pieces of the 
legislative process, all the complexities, all the competing needs. If 
we come up with something that is balanced and supported by this Senate 
and the House of Representatives and it is sent to the President, the 
President should not be able to go in and cherry-pick which provisions 
of a compromise he supports or does not support.
  This particular amendment in this proposal would undermine the very 
intent of Congress. In the case of Medicare, I believe it would create 
a situation where it is impossible for us, certainly within this time 
and this administration, to move forward on many positive things that 
are necessary to improve Medicare for seniors or to address Social 
Security in a way that keeps Social Security secure for the future.
  Also, it is important to say that this is not a necessary tool to 
reduce the deficit. In fact, we, on both sides of the aisle, have been 
speaking about reducing the deficit. On this side of the aisle our 
distinguished incoming chairman of the Budget Committee has been our 
leader on speaking out through that committee, as has our leader in 
this Senate. Senator Reid has spoken out and made pay-go a priority, 
fiscal responsibility a priority for us coming into this new year. We 
will soon adopt what is called pay-as-you-go legislation that basically 
says, if we decide to spend dollars, whether it is in the form of a tax 
cut or in new spending of some kind, we have to pay for it.
  It is the same thing that any family or any business has to do: 
figure out how you are going to pay for it. We are the ones who have 
committed, as part of our agenda, our priority: to bring this huge 
deficit under control and try to get our arms around some fiscal 
responsibility in this Government. We have put that forward and that 
will play a major role, reinstituting pay-go.
  Unfortunately, our colleagues on the other side of the aisle have 
blocked this for 6 years. During that time we have seen deficits go up 
and up and up and decisions being made that have added to the spending 
of this country.
  We have seen policies that turned a $5.6 trillion surplus created 
under the Clinton policies into record deficits.
  Now we understand that we are at a crossroads in this country. It is 
absolutely critical that we bring fiscal responsibility and we begin to 
turn this around. But this proposal in front of us does not do that. I 
hope we will see strong support on both sides of the aisle for fiscal 
responsibility and pay-go legislation and begin to make tough decisions 
about what is in the interests of America, what is in the interests of 
our businesses trying to do business and stay in America, of our 
families who need jobs and health care and want to know they can send 
the kids to college and breathe the air and drink the water and all of 
those things that are critical to our quality of life. We have a lot of 
tough decisions to make. But one strategy is not to create this broad 
tool for the President to be able to undermine anything that we are 
doing together on a bipartisan basis to get to agreement, to be able to 
move things forward.
  I am very concerned particularly at this time with this type of 
legislation. I speak a lot about Medicare. I know the distinguished 
Chair is also deeply concerned and involved in health care issues and 
Medicare. We want very much to be able to see change occur, change that 
is good for our seniors, change to make health care coverage and 
prescription drugs more affordable and make sure our businesses, large 
and small, have the capacity to compete effectively in Michigan and be 
able to afford health care for their employees. I am very concerned 
this kind of proposal would enable the President to come in in support 
of those interests he supports, that I believe are on the opposite side 
of what we are trying to do, unfortunately, in the health care arena, 
and allow him to undermine any effort that we make to go forward 
together. People are desperately asking that we move forward and get 
something done on the issues that are critical to them, that matter to 
them.
  Again, I rise to oppose the Gregg amendment. I encourage colleagues 
to do the same. We stand together and we can move forward together 
around fiscal responsibility. This is not the way to do that. This 
gives unprecedented power and flexibility to the President for him to 
undermine what we need to do together in order to solve big problems 
and get things done for people.
  The PRESIDING OFFICER. The Senator from Utah.
  Mr. BENNETT. Mr. President, I have enjoyed this debate on this 
amendment. At the risk of sounding like wishy-washy Charlie Brown, I 
agree with both sides; that is, I agree with Senator Conrad absolutely 
on the line-item veto. I came to the Congress supporting the line-item 
veto. I voted for the line-item veto. Then I watched how President 
Clinton used the line-item veto. What Senator Conrad had to say is 
exactly right. When the Supreme Court struck it down and Senator Byrd 
and Senator Moynihan both talked about how glorious a day it was for 
the Congress that the line-item veto had been stricken, I took the 
floor and said: I am converted. I agree with you. I will never vote for 
the line-item veto again.
  I remember Senator Moynihan saying,

       If Lyndon Johnson had the line-item veto he would have 
     turned into an emperor.

  We must preserve the rights of the legislature against that kind of 
thing.
  What Senator Gregg has proposed is not a line-item veto. I know the 
press described it as such, but this will not be the first time the 
press has inaccurately described something that is going on here. Under 
the terms of Senator Gregg's amendment, the President is limited in the 
number of things he can send back to us. They can be overturned with a 
simple majority vote rather than the standard veto two-thirds. And it 
is not an abrogation of congressional authority. It simply gives the 
President the right to say, on selected issues: Do you really want to 
do this? I have looked this over. I found this, this, and this that 
strike me as particularly egregious. Do you really want to do this? And 
by a majority vote the Congress can say: Yes, we really do. And it is 
done.
  So it is not a line-item veto. It is simply a review of a 
relatively--not relatively, an absolutely narrow, few number of items.
  I am not sure I would have crafted it that way. I am not sure this is 
going to make much difference. But it does not have the potential for 
the kinds of mischief that Senator Conrad talked about. I agree with 
Senator Conrad, I am a new convert--not new anymore. I am a firm 
convert against the line-item veto. But I think the kind of additional 
executive review subject to a majority vote to overturn in Congress 
that Senator Gregg has proposed is not going to threaten the 
foundations of the Republic or even the stability of this institution. 
For that reason I will support the amendment.
  The PRESIDING OFFICER. The Senator from California.
  Mrs. FEINSTEIN. Mr. President, if I may, I listened carefully to the 
remarks of the ranking member, a friend for whom I have great respect 
and with whom I hope to work very closely. I do disagree on this.
  I have watched Senator Conrad, now, for more than a decade. He is 
usually armed with charts when he comes to the floor or a committee or 
a caucus. I have never ever found him to be wrong. I don't think there 
is any person in this body who knows better what he is doing than 
Senator Conrad. I have been just unusually proud of his leadership on 
the Budget Committee.
  My objection to this amendment--and I agree with Senator Bennett; I 
was an original supporter of the line-item veto. This is a different 
day right now. It is a different situation. Different issues are at 
stake in a line-item veto. This is an ethics bill. We are talking about 
lobby reform and earmark reform and we want very much to have a 
bipartisan bill. We are not going to have a bipartisan bill if we get 
into campaign finance reform and line-item vetoes and a number of other 
issues that are beginning to percolate.
  It is my hope that we could keep this bill restricted to ethics, 
restricted to

[[Page S341]]

lobby reform, earmark reform, those things that are properly before 
this body. That is the only way we are going to get a broad consensus 
that is going to survive a conference and come back with something all 
Members can support.
  I am going to begin to move to table items that are outside of the 
germane issues of this bill in the hopes that we could keep this broad, 
bipartisan support.
  The underlying bill from which we have already moved away with the 
substitute amendment passed this body early last year by a vote of 90 
to 8. The substitute amendment seeks to toughen it. Again, the 
substitute confines itself to matters within the bill. I must say that 
I think it is ill-advised to come forward with some of these 
amendments. At an appropriate time I will rise to begin to move to 
table them.
  I yield the floor.
  I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. DORGAN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DORGAN. Mr. President, I understand we are waiting to lock in 
votes. I was asking the chairman of the committee if I might speak for 
6 or 8 minutes in morning business while we are waiting to hear back.
  I ask unanimous consent to speak for 8 minutes in morning business.
  The ACTING PRESIDING OFFICER (Mr. Cardin). Without objection, it is 
so ordered.
  (The remarks of Mr. Dorgan pertaining to the introduction of S. 242 
are printed in today's Record under ``Statements on Introduced Bills 
and Joint Resolutions.'')
  Mr. DORGAN. Mr. President, I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from West Virginia.
  Mr. BYRD. Mr. President, I rise at this moment to discuss a vote 
earlier today which began at approximately 12 noon on the Vitter 
amendment to the Legislative Transparency and Accountability Act of 
2007, S. 1.
  Had I been permitted to vote, I would have voted for the Vitter 
amendment. Now, why do I say ``permitted''? Why do I say ``had I been 
permitted to vote''? I say it because even though I was in the Capitol 
Building and on my way to the Senate floor, and even though my staff 
had so advised the Democratic cloakroom and was told that I had time to 
get to the Senate Chamber, the leadership arbitrarily closed the vote 
before I could get to the floor. That action prevented me from doing my 
constitutional duty to represent the people of my State of West 
Virginia. I was not more than 5 minutes from the Senate Chamber.
  Next year, Mr. President, I will begin my 50th year of service in the 
Senate. In November, I was elected to serve an unprecedented ninth full 
term in the Senate. And I was also elected, just days ago, by my 
colleagues to serve as President pro tempore of the Senate, a position 
fourth in line in the order of succession to the Presidency of the 
United States.
  I have cast, as of 11:59 a.m. this morning, 17,779 rollcall votes. 
And the vote I was prevented from casting would have made that number 
17,780. The last rollcall that I missed in casting a vote was on March 
30, 2006. It was 5 days after my darling wife of nearly 69 years had 
passed away.
  And so I rise at this time not to blame anybody or to lecture 
anybody, but I do feel that I owe an explanation to the people of West 
Virginia why I missed the vote. I take these matters very seriously. 
And I want to explain to the people, who rightfully expect me to do on 
this day of January 10--and on every other day that the Senate has 
rollcall votes--they expect me to be here and to answer the rollcall.
  I well understand the need to avoid undue delays in transacting the 
people's business. As majority leader of the Senate from 1977 to 1981, 
and from 1987 to 1989, I had to wrestle with such issues myself. It is 
very difficult to accommodate the schedules of 100 Senators and to get 
the Nation's business done expeditiously. I know all about that. I have 
been down that road. I have had my feet in those tracks before.
  But I hope that as Senators, who serve in a body that reveres 
tradition, seniority, debate, deliberation, experience, and common 
courtesy, we try to avoid sacrificing an understanding of individual 
Members' circumstances and constitutional obligations as we aim for 
efficiency in our work, which we know that the Senate is not expected 
to be, and never will be--never has been--an efficient body. That is 
not the way legislation is done in a body such as ours where we do have 
free and open debate.
  There is no Senate rule mandating the length of time for rollcall 
votes. I think we have to be careful and considerate in putting 
constraints on votes. While I wholeheartedly support efforts to avoid 
unduly dragging rollcall votes, I also hope that we will not forget the 
common courtesies for which this body has for more than 200 years 
afforded its Members, especially when Senators are making every effort 
to get to the floor and are only a few minutes away from appearing here 
to cast a vote. No real reason exists to deny this Senator a right to 
represent his constituents, as I was elected to do.

  Surely we do not need to coldly sacrifice our regard for Members who, 
after all, are only human and who experience the travails of life which 
befall many human beings--we have traffic; we have head colds; we have 
infirmities or unexpected emergencies--when only a slight accommodation 
would assist them. After all, we do--when I use the pronoun ``we,'' I 
include myself--represent real people and we purport to understand 
human needs and circumstances. I hope that we will reflect that same 
reasonableness in our treatment of one another and our dealings with 
one another here in the Senate and studiously avoid overly arbitrary, 
artificial, sometimes unconscionable and bloodless decrees that are 
such an ill fit for a legislative body in which each Member carries 
such tremendous burdens and responsibilities under the U.S. 
Constitution.
  I yield the floor and suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mrs. FEINSTEIN. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mrs. FEINSTEIN. I ask unanimous consent that at 5 o'clock today, the 
Senate vote in relation to the following amendments in the order listed 
and that there be 2 minutes between the votes equally divided: the 
Vitter amendment No. 5 regarding Indian tribes and the Vitter amendment 
No. 6 regarding family members; that the time until then be divided as 
follows: 2 minutes each to Senators Bennett and Feinstein and 5 minutes 
for Senator Vitter.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The Senator from Utah.


                            Amendment No. 6

  Mr. BENNETT. I yield my 2 minutes to the Senator from Maine.
  The ACTING PRESIDENT pro tempore. The Senator from Maine is 
recognized.
  Ms. COLLINS. Mr. President, I thank my colleague from Utah.
  I rise in opposition to the amendment offered by the Senator from 
Louisiana that would restrict the ability of a campaign to hire the 
spouse or child of a candidate. I just don't see why we would want to 
get into the issue of whom a candidate can put on his or her payroll. 
As long as it is a fully disclosed expense, which it would be through 
campaign finance reports and campaign disclosures, then the voters can 
judge whether it is appropriate. In some cases, it may be appropriate; 
in some cases, it may not. Why should we bar the ability of a family 
member to work for a candidate? I don't see the point of that.
  This isn't a case where taxpayer dollars are being used and you might 
want to make sure that you are following some antinepotism rules. This 
is a campaign.
  As it happens, I have never had a relative on my campaign payroll. I 
should perhaps make that clear. But many times when people are starting 
out, running for public office the first time, it is family members who 
are willing to

[[Page S342]]

work on the campaign at very minimal pay in order to help their 
relative win the race.
  I don't see this creating a problem. I think it is a mistake for us 
to legislate in this area. I urge opposition to Senator Vitter's 
amendment.
  I thank the Chair.
  The ACTING PRESIDENT pro tempore. Who yields time?
  The Senator from California.
  Mrs. FEINSTEIN. I yield to Senator Vitter if he wishes, and then I 
will wrap up.
  The ACTING PRESIDENT pro tempore. The Senator from Louisiana.
  Mr. VITTER. Mr. President, I urge all Members to vote against the 
motion to table. I believe I am correct that it will be in the form of 
a motion to table.
  Mrs. FEINSTEIN. That is correct.
  Mr. VITTER. I urge them to vote against the motion to table. I 
appreciate the legitimate concerns that have been expressed about this 
amendment. However, I do think this is not a solution looking for a 
problem. This is a real problem that we need to solve.
  The problem is simply this: This has been abused in the past. There 
are clear and documented cases whereby Members, candidates especially, 
use their political position to add to the family income. If the case 
of a Member or a candidate hiring a family member on a campaign could 
truly be enforced, if we had a way consistently in all cases to make 
sure that the law was being followed that only bona fide work should be 
paid for at fair market value prices, that would be one thing. That is 
the law. You can do it, but it is only supposed to be done to 
compensate actual work at fair market value prices.
  The fact is, there is no way to police that. There have been plenty 
of situations, unfortunately, in the past where this opportunity was 
used to allow a candidate to use his political position to increase the 
family income. This has come to light in the last several years. This 
has been an unfortunate practice. I think it is part of a whole series 
of abuses that Americans are just fed up with. They see Members of 
Congress, people in politics, using their political position to 
increase their income or increase their family's income. This is a 
situation which is wide open for that abuse.
  Again, it would be one thing if present law were enforced. Present 
law says you can do it, yes, but it is only supposed to be for real 
work, bona fide services at a reasonable compensation level. It is 
crystal clear that that provision is not and cannot be policed. There 
is no real meaningful way to ensure that. So it is an opportunity which 
has been used by some folks who use their political position to add to 
their family income.
  This goes to the heart of the concerns of many Americans. It goes to 
the heart of a lot of issues on the lobbying side. It goes to the heart 
of issues involving campaign finance.
  I urge all Members of the Senate to solve this problem in the only 
way that is practical, which is to draw a red line, create a clear 
prohibition so that we avoid those abuses which have unfortunately 
happened in the past.
  I urge Members of the Senate to vote against the motion to table.
  I yield back my time.
  Mr. LEVIN. Mr. President, while I am troubled by the potential 
questions raised by the employment of a family member on a campaign 
committee or leadership PAC, I will support the chairman of the Senate 
Rules Committee, Senator Feinstein's motion to table the Vitter 
amendment No. 6 because it deals primarily with campaign finance 
reforms and because Senator Feinstein has assured me, personally, that 
the Rules Committee will hold hearings on this specific issue as a part 
of comprehensively addressing campaign finance reform later this year.
  The ACTING PRESIDENT pro tempore. The Senator from California is 
recognized.
  Mrs. FEINSTEIN. Mr. President, I find myself in agreement with the 
Senator from Maine. I don't understand why we are getting into this 
issue at this place and time. I see no evidence of anything improper in 
this body. To a great extent what I see happening is legislation being 
developed in reaction to things that have happened in the other body, 
not in this body. I have been very proud of this body because we have 
been able to conduct our business in a very respectful manner. If there 
is evidence in this body of any improper and unreasonable payment to 
which the Senator seemed to allude, I ask him, please, bring it to the 
Rules Committee. I can assure him we will hold a hearing, if necessary. 
We will pass legislation. But at this time, what we are trying to do is 
coalesce around a 90-to-8 vote that took place early last year, that 
passed almost unanimously a bill out of this Senate dealing with 
earmarks, dealing with lobbying reform, dealing with ethics reform.
  We are trying to keep extraneous matters, to the extent that we can, 
out of this bill.
  With that in mind, I move to table Vitter amendment No. 5 and ask for 
the yeas and nays.
  The ACTING PRESIDENT pro tempore. Is there a sufficient second?
  The Senator from Louisiana.
  Mr. VITTER. I ask unanimous consent simply to be recognized for the 
time remaining of my 5 minutes so that I may also address my second 
amendment which will be voted on. I misunderstood. I thought the time 
allotments only applied to the amendment I addressed, not the other 
amendment. Therefore, I want to address the second amendment as well.
  The ACTING PRESIDENT pro tempore. Is there objection? Without 
objection, it is so ordered.


                            Amendment No. 5

  Mr. VITTER. Mr. President, the second of my amendments that will be 
voted on through a motion to table is with regard to the clear loophole 
in campaign finance law about Indian tribes. We have talked about this 
and debated this. This has been widely recognized for quite some time. 
It is a loophole in the law that allows tribes to give to candidates 
directly, including gambling proceeds, without any necessity of forming 
a PAC and going through those rigorous requirements that corporations, 
labor unions, and other entities have to do. This is a loophole that 
has been widely recognized and needs to be closed.
  Certainly no legitimate argument exists that this is beyond the 
present debate. Think about the single biggest scandal that got us to 
this debate, the Jack Abramoff scandal. Indian tribes and their 
unfettered access to money, including gambling revenues, was at the 
center of the single biggest scandal that brought us to this debate. 
There is no legitimate argument that the amendment is somehow 
extraneous to the debate. If this is going to be a meaningful exercise 
about real reform, really cleaning things up, getting serious, not 
protecting sacred cows, then let's get real about it.
  One way we get real about it is closing this Indian tribe loophole 
which clearly exists and has no legitimate justification. I urge all 
Senators to vote against the motion to table because, again, this goes 
to the heart of the Abramoff matter. We need to properly regulate those 
campaign contributions in the same way as we do other entities, 
corporations, labor unions, and the like.
  With that, I appreciate the deference in allowing me to speak to this 
issue.
  I yield the floor.
  Mr. INOUYE. Mr. President, I rise today to express my strong 
opposition to an amendment to S.1, the Legislative Transparency Act of 
2007, which is proposed by my colleague, Senator David Vitter of 
Louisiana.
  This amendment amends the Federal Election Campaign Act, FECA, so 
that Indian tribes would be singled out for the purposes of campaign 
finance law. In effect, this proposal would prohibit tribal campaign 
contributions by defining tribes as corporations under our Nation's 
campaign finance laws.
  Indian tribes are constitutionally recognized sovereign governments, 
with whom the Federal Government has a trust relationship. The primary 
purpose of Indian tribes is to provide governmental services to their 
members. Corporations are for-profit entities whose primary goal is to 
maximize profits for its shareholders. Treating Indian tribes as 
corporations for the purposes of campaign finance sets a dangerous 
precedent for their treatment in other areas of the law.
  In addition, I do not support this measure because it would treat 
Indian tribes differently from other similarly situated entities 
regarding their campaign contributions. Indian tribes are exempt from 
the aggregate limit and

[[Page S343]]

the reporting requirements on their campaign contributions in the same 
manner as other unincorporated associations are exempt. While I support 
efforts to require more transparency with respect to the reporting of 
all contributions, I do so with the caveat that all similarly situated 
entities should be subject to the same reporting requirements.
  If enacted this amendment would limit the ability of tribes to 
participate fully in the political process by preventing them from 
making campaign contributions.
  Even though tribes are acknowledged as sovereigns, they have not been 
granted seats in the U.S. Congress. Instead, they must rely on the 
Congress to represent them. Having served in the United States Senate 
for 45 years and on the Indian Affairs Committee for the past 28 years, 
I have seen how the Congress has taken actions without considering 
their effects on tribes and individual Indians. At times, it even 
seemed that the Congress took action only to appease non-Indians. It 
causes one to wonder whether the Congress would have taken those 
actions if tribes had been consulted and been allowed to actively 
participate in the political process.
  Due to some bad actions taken by non-Indians, some are calling to 
prevent tribes from fully participating in the electoral process. We 
must pause and reflect upon the impact that this proposal will have now 
and in the long term. We must ensure that the tribes, who were the 
victims of illegal acts, are not penalized in the name of reform. To do 
this, we must fully consider the unique nature of Indian tribes. Tribes 
need a voice to reflect their unique legal status. Without a seat in 
the U.S. Congress they must be allowed to use other means to 
participate in this process.
  And once again, we must ensure that Indian gaming is not unfairly 
blamed. Some believe that Indian gaming is providing an improper tribal 
advantage in the political process. During the 2004 election cycle, 
tribal contributions comprised one-third of 1 percent of total 
contributions nationwide. Given the facts, it is hard to conceive of an 
unfair tribal advantage.
  I believe that many critics of full tribal participation in the 
election process do not understand the unique history, status, and 
relationship that Indian tribes have with the Federal Government. 
Indian tribes have much to lose in the Federal process. The U.S. 
government has a history of taking from Indian tribes, and taking 
without fulfilling our obligations. We must fully consider the tribal 
role in the Federal process before determining that gaming revenues 
cannot be used in the Federal process or that tribes should not be 
allowed to fully participate. The U.S. Senate committees of 
jurisdiction should have the opportunity to hold hearings and fully 
explore this issue.
  Therefore, for these reasons I urge my colleagues to join me in 
opposing this proposed measure, and preserving the rights of Indian 
tribes to participate in the political process.
  Mr. DORGAN. Mr. President, I want to speak in response to the 
amendment offered by Mr. Vitter yesterday that relates to the 
application of the Federal campaign finance laws to Indian tribes. As 
Mr. Vitter suggested, this issue is outside the scope of the bill 
presently before us, and we should consider it at a later date when 
overall campaign fiance matters are being reviewed. I expect there to 
be a motion to table his amendment until a more appropriate time, and I 
will support such a motion.
  More importantly though, I feel compelled to respond to some of the 
statements made in support of the amendment that are simply factually 
inaccurate. Mr. Vitter offered his amendment to correct what he 
describes as a very significant loophole in the campaign finance laws 
for Indian tribes. He stated that unlike other entities Indian tribes 
can give money directly from their tribal revenues and are not subject 
to the giving limits that apply to everyone else. Mr. Vitter stated 
that we should treat Indian tribes exactly as we treat other entities.
  Contrary to these statements, we do treat Indian tribes exactly as we 
treat other unincorporated entities.
  Last year, the Committee on Indian Affairs held a hearing on the 
applicability of the Federal campaign finance laws to Indian tribes. 
The committee held this hearing to counter the significant factual 
errors that were being reported in the news. In fact, the Federal 
Election Commission felt the need to issue an Advisory on Indian Tribes 
last year to clarify the misconceptions about the law that regulates 
the political activity of Indian tribes. The chairman and vice chairman 
of the Federal Election Commission testified before the committee on 
how the campaign finance laws apply to Indian tribes.
  So let me convey some important facts about how Indian tribes are 
indeed treated under the campaign finance laws:
  Indian tribes are treated as ``a group of persons'' under the Federal 
campaign finance laws. This decision was first made by the Federal 
Election Commission in 1978.
  Thus, Indian tribes are subject to the contribution limitations and 
prohibitions applicable to all ``persons'' under the law. We treat them 
the same as all other persons. For the last election cycle, this was 
$2,100 to each candidate, $26,700 per year to a political party's 
national committee, and $5,000 per year to a political action 
committee.
  Similar to other unincorporated entities, Indian tribes do not have 
to report their political contributions. However, political committees, 
including candidate and party committees, that receive contributions 
from Indian tribes must report those contributions in their disclosure 
reports.
  Also, similar to other unincorporated entities, Indian tribes are not 
subject to the cumulative giving limits applicable to ``individuals.'' 
This is because Indian tribes are not ``individuals.'' This is the same 
way that other types of organizations are treated, such as partnerships 
or certain limited liability companies.
  Indian tribes are not treated in any unique manner under the Federal 
campaign finance laws. They are treated just like other unincorporated 
entities. The concerns raised by Mr. Vitter are not unique to Indian 
tribes. Many entities can give money directly from their revenues, and 
only ``individuals'' are subject to a cumulative giving limit.
  Now that is not to say that there shouldn't be any changes to the 
campaign finance laws, or that there should not be more transparency 
with regards to political contributions. However, Indian tribes should 
not be singled out because of misunderstandings about how the Federal 
laws apply to them. Nor should the sovereignty of Indian tribes or 
their ability to represent their tribal members be infringed upon.
  Mrs. FEINSTEIN. Mr. President, once again, I move to table the Vitter 
amendment No. 5 and ask for the yeas and nays.
  The ACTING PRESIDENT pro tempore. Is there a sufficient second? There 
is a sufficient second.
  The question is on agreeing to the motion.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from Hawaii (Mr. Inouye) and 
the Senator from South Dakota (Mr. Johnson) are necessarily absent.
  Mr. LOTT. The following Senators were necessarily absent: the Senator 
from Kansas (Mr. Brownback) and the Senator from Idaho (Mr. Crapo).
  Further, if present and voting, the Senator from Idaho (Mr. Crapo) 
would have voted ``no.''
  The ACTING PRESIDENT pro tempore. Are there any other Senators in the 
Chamber desiring to vote?
  The result was announced--yeas 56, nays 40, as follows:

                       [Rollcall Vote No. 3 Leg.]

                                YEAS--56

     Akaka
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Brown
     Byrd
     Cantwell
     Cardin
     Carper
     Casey
     Clinton
     Coleman
     Collins
     Conrad
     Dodd
     Domenici
     Dorgan
     Durbin
     Feingold
     Feinstein
     Harkin
     Kennedy
     Kerry
     Klobuchar
     Kohl
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     McCaskill
     Menendez
     Mikulski
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Obama
     Pryor
     Reed
     Reid
     Rockefeller
     Salazar
     Sanders
     Schumer
     Smith
     Snowe
     Stabenow
     Stevens
     Tester
     Thomas
     Webb
     Whitehouse
     Wyden

[[Page S344]]



                                NAYS--40

     Alexander
     Allard
     Bennett
     Bond
     Bunning
     Burr
     Chambliss
     Coburn
     Cochran
     Corker
     Cornyn
     Craig
     DeMint
     Dole
     Ensign
     Enzi
     Graham
     Grassley
     Gregg
     Hagel
     Hatch
     Hutchison
     Inhofe
     Isakson
     Kyl
     Landrieu
     Lott
     Lugar
     Martinez
     McCain
     McConnell
     Roberts
     Sessions
     Shelby
     Specter
     Sununu
     Thune
     Vitter
     Voinovich
     Warner

                             NOT VOTING--4

     Brownback
     Crapo
     Inouye
     Johnson
  The motion was agreed to.
  Mrs. FEINSTEIN. I move to reconsider the vote.
  Mr. DURBIN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                            Amendment No. 6

  The ACTING PRESIDENT pro tempore. Under the unanimous consent 
agreement, there remains 2 minutes equally divided between the Senator 
from Louisiana and the Senator from California on the Vitter amendment 
No. 6.
  Who yields time? The Senator from Utah.
  Mr. BENNETT. Mr. President, I am in favor of the tabling motion, so I 
will be happy to yield whatever time I have to the Senator from 
Louisiana.
  The ACTING PRESIDENT pro tempore. The Senator from Louisiana.
  Mr. VITTER. Mr. President, how much time do I have under the 
unanimous consent agreement?
  The ACTING PRESIDENT pro tempore. The Senator from Louisiana has 1 
minute.
  Mr. VITTER. Mr. President, I urge Senators to vote against this 
motion to table. Unfortunately, this opportunity to increase a Member's 
family income has been used and abused, and it tarnishes the entire 
body. It is one factor that has helped erode public confidence in the 
Congress.
  If there was a way to truly police present law, I would say fine, but 
the fact is, there clearly is not and there is no way to know if 
services are being rendered and if a proper amount is being paid. So it 
is and will remain, if this amendment is tabled, a clear conduit of 
abuse of which some Members--I am not saying many or most, some 
Members--will take advantage. That will continue to hurt this 
institution and all of us who don't participate in that practice.
  I yield back my time.
  The ACTING PRESIDENT pro tempore. The Senator from California.
  Mrs. FEINSTEIN. Mr. President, once again, this is related to 
campaign spending. It does not belong in this bill. We are trying to 
keep a bill with which the greatest majority of the Senate can agree.
  Secondly, I know of no problems related to this issue in this body. 
Should there be any evidence that any Senator has that there are 
problems, please bring it to the Rules Committee and we will do 
something about it.
  In the absence of that, I move to table the Vitter amendment No. 6, 
and I ask for the yeas and nays?
  The ACTING PRESIDENT pro tempore. The majority leader.
  Mr. REID. Mr. President, prior to starting the vote on this and 
granting the request for the yeas and nays, we are going to come in at 
9:30 in the morning. There will be a period for morning business for an 
hour. Then we hope to have debate on the Stevens amendment, a serious 
amendment, dealing with travel. We hope to be able to complete that 
debate fairly quickly, in an hour or so. So there will be a vote on 
that amendment, if things work out the way we hope, at around 11:30 in 
the morning.
  There are a number of amendments pending. The managers have done 
extremely well. As I said earlier this morning, we couldn't have two 
better people managing this bill. People who have amendments to offer, 
please come and offer them; otherwise, we are going to get the idea 
that maybe people are wanting to move forward on this legislation in 
some other way.
  Mrs. FEINSTEIN. Once again, Mr. President, I move to table the 
amendment, and I ask for the yeas and nays.
  The ACTING PRESIDENT pro tempore. Is there a sufficient second?
  There is a sufficient second.
  The question is on agreeing to the motion. The clerk will call the 
roll.
  The legislative clerk called the roll.
  Mrs. BOXER. (When her name was called). Present.
  Mr. DURBIN. I announce that the Senator from Hawaii (Mr. Inouye) and 
the Senator from South Dakota (Mr. Johnson) are necessarily absent.
  Mr. LOTT. The following Senators were necessarily absent: the Senator 
from Kansas (Mr. Brownback) and the Senator from Idaho (Mr. Crapo).
  Further, if present and voting, the Senator from Idaho (Mr. Crapo) 
would have voted ``yea.''
  The ACTING PRESIDENT pro tempore. Are there any other Senators in the 
Chamber desiring to vote?
  The result was announced--yeas 54, nays 41, as follows:

                       [Rollcall Vote No. 4 Leg.]

                                YEAS--54

     Akaka
     Alexander
     Baucus
     Bennett
     Biden
     Bingaman
     Bond
     Brown
     Bunning
     Byrd
     Cardin
     Carper
     Casey
     Clinton
     Coleman
     Collins
     Conrad
     Dodd
     Domenici
     Dorgan
     Durbin
     Enzi
     Feinstein
     Gregg
     Hatch
     Kennedy
     Klobuchar
     Kohl
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     McCaskill
     Menendez
     Murkowski
     Murray
     Nelson (NE)
     Pryor
     Reed
     Reid
     Rockefeller
     Salazar
     Sanders
     Schumer
     Sessions
     Stabenow
     Sununu
     Thomas
     Voinovich
     Webb
     Whitehouse

                                NAYS--41

     Allard
     Bayh
     Burr
     Cantwell
     Chambliss
     Coburn
     Cochran
     Corker
     Cornyn
     Craig
     DeMint
     Dole
     Ensign
     Feingold
     Graham
     Grassley
     Hagel
     Harkin
     Hutchison
     Inhofe
     Isakson
     Kerry
     Kyl
     Landrieu
     Martinez
     McCain
     McConnell
     Mikulski
     Nelson (FL)
     Obama
     Roberts
     Shelby
     Smith
     Snowe
     Specter
     Stevens
     Tester
     Thune
     Vitter
     Warner
     Wyden

                        ANSWERED ``PRESENT''--1

       
     Boxer
       

                             NOT VOTING--4

     Brownback
     Crapo
     Inouye
     Johnson
  The motion was agreed to.
  Mr. WHITEHOUSE. Mr. President, I move to reconsider the vote, and I 
move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                       Amendment No. 16 Withdrawn

  Mr. STEVENS. Mr. President, I ask unanimous consent that amendment 
No. 16 be withdrawn. There has been confusion over the interpretation 
of that amendment. I will look at it and redraft it.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered. The amendment is withdrawn.
  The Senator from Colorado.


                  Amendment No. 17 to Amendment No. 3

   Mr. ALLARD. Mr. President, what is the pending amendment?
  The ACTING PRESIDENT pro tempore. Amendment No. 17 by the Senator 
from New Hampshire is pending.
  Mr. ALLARD. Mr. President, I rise today in support of the Second Look 
at Wasteful Spending amendment offered by Senator Gregg to the pending 
Legislative Transparency Act of 2007.
  I am proud to be an original cosponsor of this amendment, as I was to 
be a cosponsor of the Stop-Over-Spending Act of 2006, which contained a 
similar provision.
  Spending is out of control and it is time that Congress put its money 
where its mouth is when it comes to reigning in spending. In addition 
to being a good first step, this amendment is symbolic because it is 
the first opportunity of this new Congress to do so.
  I hope the new majority party will use this opportunity to live up to 
its promise of fiscal responsibility and support this amendment.
  The amendment is simple. In a nutshell, it allows the President to 
identify individual items of wasteful spending that, for one reason or 
another, slipped through Congress and send them back for closer 
scrutiny.
  Once under the microscope for Congress and all of America to see, 
both houses of Congress will have the opportunity to give the 
individual proposal an up-or-down vote.
  If both Houses deem the spending appropriate, the President must 
release the funds. On the other hand, if it does

[[Page S345]]

not survive the scrutiny of both Houses, the spending is rescinded.
  Importantly, any savings resulting from rescinded items of spending 
goes to reduce the Federal deficit. With record revenues streaming into 
the Treasury as a result of the Republican pro-growth tax cuts, we have 
made significant strides toward cutting the deficit. This amendment 
provides an opportunity to chip away at the deficit from the spending 
side of the equation.
  Some of you may recall the Line Item Veto Authority that a Republican 
Congress gave to President Clinton in 1996 and wonder how this differs. 
This legislation, although similar in purpose, is not nearly as far-
reaching as the authority given to President Clinton.
  Under that authority, presidential cancellations went into effect 
automatically, without Congressional action. Unlike that law, the 
Second Look at Wasteful Spending legislation requires that Congress 
take affirmative steps to affirm or deny any rescission package 
proposed by the President. In other words, Congress has the final say 
on the President's rescission request.
  Today's legislation contains several other important limitations on 
the President's authority. First, the President is limited to the 
submission of four rescission packages per year. Second, the 
President's rescission requests are limited to discretionary or 
mandatory spending or tax bills introduced on or after the 
legislation's enactment. Third, the authority sunsets in 4 years to 
allow Congress to reevaluate it after two Presidents have each used it 
for 2 years.
  I am pleased that Senator Gregg chose to address this issue during 
the pending lobbying reform legislation. Both pieces legislation share 
the goal of bringing greater transparency to the Federal spending 
process.
  While I do not pretend that it will solve all of the long-term fiscal 
problems--such as long-term entitlement spending--I do believe that it 
is an important and symbolic first step.
  Even if the authority is never used by the President, its mere 
existence will have a chilling effect on wasteful discretionary 
spending. Individual Members of Congress will give second thought to 
promoting wasteful items spending that they know will receive a second 
look.
  Similarly, it will provide an additional check on new items of 
mandatory spending, each of which has the potential to exacerbate the 
crisis that is the unsustainable growth in long-term entitlement 
spending. I say crisis because we received testimony in the Budget 
Committee that, if left unchecked, in under 30 years spending on just 
three entitlement programs--Medicare, Medicaid and Social Security--
will exceed, as a share of GDP, the amount of spending that the entire 
U.S. Government consumes today.
  In other words, those three programs are unsustainable. To further 
put the issue in perspective, outstanding 75-year Government promises, 
including Medicare, Medicaid, and Social Security, exceed the total 
amount of taxes collected in U.S. history by $26 trillion.
  Again, this amendment is only the first step in reducing spending--
something that the American taxpayers demand and deserve.
  I am hopeful that the new majority party will take the opportunity to 
support its promises of fiscal responsibility and join me in supporting 
this amendment.
  It will bring more accountability and transparency to the legislative 
process so that Americans will know what is happening and can hold 
Members of Congress more accountable.
  I yield the floor and I suggest the absence of a quorum.
  The ACTING PRESIDENT pro tempore. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.


                     Amendment No. 15, as Modified

  Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that the 
Salazar amendment No. 15 be the pending business.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that the 
amendment be modified with the changes at the desk.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The amendment will be so modified.
  The amendment (No. 15), as modified, is as follows:

       At the appropriate place, insert the following:

     SEC. __. PUBLIC AVAILABILITY OF SENATE COMMITTEE AND 
                   SUBCOMMITTEE MEETINGS.

       (a) In General.--Paragraph 5(e) of rule XXVI of the 
     Standing Rules of the Senate is amended by--
       (1) by inserting after ``(e)'' the following: ``(1)''; and
       (2) by adding at the end the following:
       ``(2) Except with respect to meetings closed in accordance 
     with this rule, each committee and subcommittee shall make 
     publicly available through the Internet a video recording, 
     audio recording, or transcript of any meeting not later than 
     14 business days after the meeting occurs.''.
       (b) Effective Date.--This section shall take effect October 
     1, 2007.

                          ____________________