November 19, 2008 CONGRESSIONAL RECORD — SENATE S10629 

what she was receiving. If the discrepancy had been discovered earlier, before she had applied for her housing 

grants, there would have been an opportunity to address the disparity before she became a victim twice over. 

What is incredible is that the Federal 

Government, specifically the Internal 

Revenue Service, is enabling this. 

Under current policy, the IRS is under 

no obligation to share information 

with other agencies upon the discovery 

of a Social Security number being used 

with multiple names or in the case 

where it is discovered that an individual has more than one person reporting earnings for him or her during 

a single tax year. 

I propose to allow the Commissioner 

of Social Security to share information 

with the Secretary of Homeland Security, where such information is likely 

to assist in discovering identity theft, 

Social Security misuse or violations of 

immigration law. It is worth noting 

Secretary Chertoff supports my proposal, believing it is a practical solution that overcomes the current limitations on information sharing. 

Despite the force of these arguments 

supporting legislation that tears down 

the wall that prevents the sharing of 

existing information among Government agencies, Congress has so far rejected Secretary Chertoff’s call for a 

legislative solution. 

The 1,300 cases of suspected stolen 

identities exposed in Weld County 

alone were brought to light after authorities discovered that an illegal immigrant accused of stealing and using a 

man’s Social Security number to get 

jobs, loans, and other services, had also 

been filing and receiving tax returns 

from the Federal Government. It did 

not take long for investigators to come 

to the realization that this particular 

illegal immigrant’s suspected use of 

stolen identity was not an isolated 

case. As it turns out, these 1,300 other 

illegal immigrants filed tax returns 

using the same tax preparer based in 

Greeley. This is one tax preparer handling 1,300 fraudulent returns. Take a 

moment and consider the 1,300 illegal 

aliens’ tax returns, which yielded $2.6 

million in tax refunds, were handled by 

a single tax preparer; now consider the 

number of tax preparers nationwide 

and the exorbitant amount of tax dollars—likely in the billions—distributed 

among illegal aliens using fraudulent 

Social Security numbers. The way our 

system works, the tax preparer is relieved of liability, absent reckless misrepresentation or a finding of exceptional negligence. 

With whom should the liability lie? 

The obvious answer is the illegal alien 

guilty of stealing someone else’s identity. But what happens to the helpless 

victim of the identity theft? Shouldn’t 

our law protect the person who has had 

their identity compromised, and 

shouldn’t our Federal agencies be required to communicate information 

about an individual’s compromised 

identity before the individual is robbed 

of opportunities such as taking out a 

student loan, purchasing a home, or 

purchasing tools or equipment with a 

small business loan? Shouldn’t we do 

all that we can to prevent law-abiding 

citizens falling victim to identity 

theft? 

Occurrences of identity theft perpetrated by illegal immigrants have 

risen and will continue to rise as better 

systems are developed for verifying 

employment. Illegal immigrants will 

continue to assume the names and 

Government-issued ID numbers of 

American citizens in order to thwart 

detection at workplaces, get driver’s licenses and obtain credit. Once a person 

takes a job in the U.S., one of the first 

things his employer will likely ask for 

is his Social Security number. The integrity of the immigration system depends on the genuineness of our efforts 

to protect citizens from immigrant-related identity fraud. Identity theft prevention and immigration enforcement 

will be greatly enhanced by legislation 

that permits the sharing of social security data among agencies. 

The Weld County Tax I.D. case is just 

the tip of the iceberg. If more than 

1,300 illegal immigrants can receive 

more than $2.6 million in tax refunds 

using stolen Social Security numbers 

in a community of 100,000 people, how 

many other cases exist throughout the 

country? It adds insult to injury that a 

legislative solution is easily within 

reach of Congress. 

I know we have a lot on our plate 

this week, but I would ask the Senate 

to act to close this loophole. 

Mr. President, I yield the floor. 

f 

MORNING BUSINESS 

TRIBUTE TO SENATORS 

ELIZABETH DOLE

Mr. FEINGOLD. Mr. President, today 

I commend Senator ELIZABETH DOLE

for her dedicated work on behalf of 

North Carolina in the Senate and her 

decades of service to our Nation. In the 

Senate she has worked hard to ensure 

our veterans and servicemembers receive the benefits they have more than 

earned. I was pleased to have her cosponsorship and support for my measure allowing servicemembers to terminate cell phone contracts free of penalties. 

Senator DOLE has also demonstrated 

a commitment to solving the most difficult crises in Africa, particularly in 

Zimbabwe and Darfur. We both joined 

with Senator CLINTON and Senator 

LUGAR on legislation to assist 

Zimbabweans in their efforts to promote democracy and human rights in 

their country. I also welcomed Senator 

DOLE’s support on a resolution condemning the recent flawed elections in 

Zimbabwe. Her voice in the Senate on 

these issues will be missed. I thank her 

for her service to the Senate and the 

people of North Carolina, and wish her 

all the best for the future. 

GORDON SMITH

Mr. President, today I want to thank 

Senator GORDON SMITH for his service 

to the people of Oregon. During my 

time on the Senate Foreign Relations 

African Affairs Subcommittee I have 

watched Senator SMITH fight ardently 

for the President’s Emergency Plan for 

AIDS Relief that has saved countless 

lives around the globe. His leadership 

on legislation to fight HIV/AIDS and 

other diseases has been vital to our efforts to bring help to many African nations. 

I also applaud his work to pass the 

Employment Non Discrimination Act, 

which I was also pleased to cosponsor. 

His efforts to end employment discrimination based on sexual orientation represent an important step toward ensuring equal rights for all 

Americans. 

Finally, I want to recognize Senator 

SMITH’s work on legislation to require 

health insurers to include mental 

health benefits in their health insurance coverage. This excellent example 

of bipartisan cooperation, the Paul 

Wellstone and Pete Domenici Mental 

Health Parity and Addiction Equity 

Act, was made possible in part by the 

commitment of Senator SMITH to ensuring those suffering from mental illness have access to medical treatments 

that will improve their quality of life. 

Once again, I thank GORDON SMITH

for his dedication to the people of Oregon and the country while in the Senate, and I wish him all the best in the 

future. 

JOHN SUNUNU

Mr. President, today I want to take a 

moment to recognize the service of 

Senator JOHN SUNUNU during his time 

here in the Senate. It has been a pleasure to work with him on a wide range 

of issues, from protecting the rights of 

law-abiding Americans to strengthening our foreign policy toward Africa. 

Senator SUNUNU has made many important contributions during his time 

in this body, but his work to protect 

the constitutional rights of innocent 

Americans is certainly among the most 

important. He recognizes that our government can wage an effective fight 

against terrorism that still respects 

our basic freedoms. Senator SUNUNU

has been a crucial voice on civil liberties issues like reforming the PATRIOT Act and keeping tabs on government data mining efforts. I am 

proud that we worked together on a 

number of bills. Most recently, we introduced legislation addressing the serious misuse of the FBI’s national security letter authorities to obtain information about innocent people without judicial review. We also successfully passed legislation last year requiring Federal agencies to inform 

Congress about the use and development of the kind of government data 

mining technologies that raise the 

most serious privacy and efficacy concerns. I will miss his voice on these 

issues here in the Senate. 

Finally, I want to recognize Senator 

SUNUNU’s work on the Senate Foreign 


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Relations Committee’s Africa Subcommittee. I had the privilege of working side by side with him when he was 

ranking member of that subcommittee, 

and I saw firsthand his commitment to 

ending devastating conflicts in Africa. 

I deeply appreciate his commitment to 

his work on Africa, and to so many 

other issues during his service in the 

Senate. I wish him all the best in the 

future. 

PETE DOMENICI

Mr. LUGAR. Mr. President, I wish to 

honor our distinguished colleague, 

PETE DOMENICI, who will be ending his 

historic Senate career at the end of 

this Congress. For the past 32 years it 

has been my privilege to serve with 

PETE DOMENICI in the Senate. During 

that time, he has epitomized devotion 

to public service and to his State of 

New Mexico. He will leave the Senate 

having cast more votes than all but six 

other Senators in the history of this 

body. He is the longest serving Senator 

in New Mexico’s history, and he rightly 

occupies an iconic status in his home 

State. 

PETE DOMENICI experienced a modest 

upbringing as the only son of first generation Italian immigrants. He secured 

his first job after college as a pitcher 

for the Albuquerque Dukes, then a 

farm team for the Brooklyn Dodgers. 

Following a stint as a teacher, PETE

won a seat on the Albuquerque City 

Commission in 1966. The next year, we 

both became mayors of our respective 

cities: PETE served Albuquerque as I 

served Indianapolis. After 6 years in 

the Albuquerque City Hall, he became 

the first Republican to win a Senate 

seat from New Mexico in 38 years. 

I entered the Senate in 1977, 4 years 

after PETE. By that time, he already 

was recognized as a leading Republican 

authority on the budget process. I 

looked to PETE as a mentor on the intricacies of the Federal budget, and he 

graciously tutored me on both substance and process. Year after year, as 

the lead Republican on the Budget 

Committee, PETE was indispensible as 

floor manager of the budget resolution. 

Frequently, when the Senate lost its 

way during a difficult budget debate, 

Senator DOMENICI functioned as a 

touchstone to bring the debate back to 

sober reflection and verifiable statistics. I doubt the Senate will ever experience a leader who has a more detailed 

command of the budget process and 

who could explain it with greater clarity. 

It is telling that even though PETE

derived much annual power from his 

roles as Budget chairman and Appropriations subcommittee chairman, this 

status did not dissuade him from proposing a reform idea that implicitly 

would reduce his opportunities to exercise this authority—namely a 2-year 

budget cycle. I have always been impressed by his embrace of this idea, and 

his endorsement influenced my own 

support for a 2-year budget process. 

Senator DOMENICI’s advocacy went 

against standard expectations that 

Members of Congress will protect their 

own prerogatives even if their best 

judgment tells them that reforms are 

necessary. But PETE’s service in the 

Senate was never based upon accruing 

personal authority or maximizing his 

notoriety. 

I was extremely pleased that Senator 

DOMENICI’s assiduous efforts over many 

years were recently brought to fruition 

with the passage and signature into 

law of the Mental Health Parity Act. 

PETE joined the late Senator Paul 

Wellstone in promoting this bipartisan 

legislation that will ensure that health 

plans make mental health treatment 

available for those in need. It will provide parity between health insurance 

coverage of mental health benefits and 

benefits for medical and surgical services and help avert the development of 

future physical problems that could 

arise from untreated and increasingly 

debilitating psychological illness. 

I am especially sad to see PETE leave 

because he has been an outstanding 

partner in work to prevent nuclear proliferation and to improve response to 

attacks involving weapons of mass destruction. In concert with the efforts of 

Senator Sam Nunn and myself to establish the Nunn-Lugar Cooperative 

Threat Reduction Program at the Department of Defense—which is aimed 

at securing and destroying weapons of 

mass destruction in the former Soviet 

Union—Senator DOMENICI spearheaded 

the expansion of the Energy Department’s involvement in safeguarding 

nuclear material. He also was an effective advocate for the role of our National Laboratories in nonproliferation 

work. Scientists from the National 

Laboratories have been on the 

frontlines of our engagement with the 

brain trust of the Soviet nuclear program. PETE understood the unique skill 

set possessed by our laboratories, and 

he made sure that they were well funded and authorized to implement numerous nonproliferation projects. Senator 

DOMENICI also joined with Senator 

Nunn and me to pass the Nunn-LugarDomenici Act of 1997. Long before September 11, 2001, this legislation was 

working to improve the capabilities of 

local and State first responders, especially with regard to weapons of mass 

destruction attacks. The experience, 

awareness, and structure established 

by this program have been valuable to 

our Nation’s post-9/11 homeland security efforts. 

The Senate will miss deeply Senator 

DOMENICI’s experience displayed over 36 

years. He will be remembered as a 

workhorse able to shoulder the daily 

burdens of a thousand details, but also 

as a thoughtful observer who saw beyond the politics of the moment to provide perspective on the direction of our 

country. I wish my good friend the best 

as he leaves the Senate to experience 

new adventures with his family. 

CHUCK HAGEL

Mr. President, I wish to take this opportunity before the 110th Congress adjourns to honor our distinguished colleague and my good friend, CHUCK

HAGEL, who will be leaving the Senate 

after 12 years of achievement. 

Senator HAGEL has applied his estimable talents to many of the most 

critical areas of public policy. 

Throughout his time in the Senate he 

was a stalwart member of the Foreign 

Relations Committee, where he became 

one of the Senate’s experts on international affairs. 

Upon CHUCK HAGEL’s arrival in the 

Senate in 1996, he had already distinguished himself in service to his country. He was decorated for his service as 

an infantryman in the U.S. Army during the Vietnam war; He went on to careers as a congressional staffer, a deputy administrator of the Veterans Administration, and a successful businessman. 

When CHUCK came to the Senate, it 

was clear that his unique background 

would be an asset to the Senate Foreign Relations Committee. I encouraged him to join the committee and 

was pleased that he did so. In the Senate, CHUCK embraced responsibility for 

U.S. national security as few Senators 

have in recent decades. 

Senator HAGEL’s years in the Senate 

will be remembered for his willingness 

to challenge conventional wisdom and 

his ability to see issues from multiple 

perspectives. He has been a determined 

advocate for an independent point of 

view, but also a good listener who has 

often forged compromises that benefited our Nation. 

For the last 9 years, CHUCK has sat 

next to me through hundreds of Foreign Relations Committee hearings and 

meetings. I greatly enjoyed the opportunity to exchange ideas with him, to 

compare perspectives on our witnesses, 

and to develop common approaches to 

problems. He was always candid and 

thoughtful in both his public statements and his private advice. 

He understands that the world’s problems are our problems; that our economic health is tied to the prosperity 

of the rest of the industrialized world; 

that the cleanliness of our environment is deeply affected by the environments of those even beyond our continent; and that our access to global 

natural resources and energy supplies 

depends on maintaining stable conditions in some of the most volatile regions on Earth. In a ‘‘Memo to the Candidates’’ written last summer, he underscored the interconnected nature of 

our world, saying: 

America’s long-term security interests are 

directly connected to alliances, coalitions, 

international institutions, and our standing 

in the world. The next President will have to 

reintroduce America to the world in order to 

regain its trust in our purpose as well as our 

power. 

CHUCK contributed greatly in recent 

years to the committee’s efforts to improve our Government’s stabilization 

and reconstruction capacity, to elevate 

the priority of energy diplomacy, to facilitate NATO expansion, to reauthorize the PEPFAR program, to prevent 

the proliferation of weapons of mass 


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destruction, and to safeguard the international environment. 

I have greatly appreciated his personal friendship and thoughtful remembrances of events in my public and 

private life. My entire office benefited 

from his personal generosity in 2001 

when the Senate endured the anthrax 

attack. My staff and I were displaced 

from our office for more than 3 months. 

Senator HAGEL stepped forward and offered us a large room in his suite in the 

Russell Senate Office Building, which 

became the nerve center of my Senate 

office while we were displaced. Senator 

HAGEL’s thoughtfulness allowed us to 

continue operations during this difficult period. 

I will greatly miss CHUCK’s presence 

in the seat next to me at committee 

hearings, and I know that the Senate 

as a whole will miss his wisdom and 

well-deserved reputation for humor. 

But I have no doubts that he will encounter other opportunities to serve 

the United States. His counsel on foreign and defense policy will be sought 

out by Members of Congress and Presidential administrations for many years 

to come. I look forward to many insightful conversations with my friend 

and to witnessing all that he will 

achieve in the future. 

JOHN WARNER

Mr. President, I am pleased to join 

with other Senators in honoring our 

distinguished colleague, JOHN WARNER, 

who will be retiring at the end of the 

110th Congress. When he steps down, 

Senator WARNER will have the distinction of being the second longest serving 

Senator in Virginia’s history. He 

stands as an example of the type of 

temperament, foresight, and dedication 

that the Founders envisioned when 

they created the Senate. For the past 

30 years it has been my privilege to 

serve with JOHN WARNER. During that 

time, we have shared a common commitment to the national security of 

the United States. We have worked together on innumerable issues, and I 

have witnessed with admiration his 

strong character, his intellectual independence, and his unfailing devotion to 

public service. 

Even before JOHN was elected to the 

United States Senate, he had distinguished himself in service to our country. He joined the U.S. Navy before his 

18th birthday and went on to serve honorably in World War II. After college 

and before he was able to complete law 

school, he returned to the military as 

an Active Duty marine during the Korean conflict. After his service, JOHN

came home to complete law school. 

Subsequently he worked as a Federal 

prosecutor and private lawyer. President Nixon appointed JOHN to be Under 

Secretary of the Navy, and he went on 

to be Secretary of the Navy from 1972 

to 1974. When he was elected to the 

Senate in 1978, he was extremely well 

prepared to take on the role of a Senator and to contribute greatly to the 

national security of our Nation. 

Senator WARNER has played a prominent role in almost every major Defense policy accomplishment of the 

last three decades. In the Senate, he 

has been a steadfast supporter of the 

well-being of the American soldier, 

sailor, and airman. I know that not a 

day goes by that he does not devote 

thought to how he can contribute to 

improving our Armed Forces and making our country more secure. It was a 

special pleasure for me to have chaired 

the Foreign Relations Committee during a 4-year period from 2003 to 2007 

when JOHN was chairing the Armed 

Services Committee. I believe relations 

between the two committees became 

stronger during this time, as we cooperated closely on arms control matters, policies toward Iraq and Afghanistan, arms sales, and many other matters. 

My friendship with JOHN has been 

strengthened by our mutual membership in the Beta Theta Pi Fraternity, 

and I was privileged to participate in 

the awarding of Beta’s Oxford Cup to 

Senator WARNER in April 2008. The 

award ceremony and dinner took place 

in the Foreign Relations Committee 

hearing room, and this was a wonderful 

opportunity for us to share experiences 

with other Beta members. 

It is difficult for me to imagine the 

Senate without JOHN WARNER. He loves 

this institution, and he derives great 

satisfaction from both its collegial nature and the daily opportunities Senators have to improve life in the 

United States. 

Senator WARNER leaves the Senate 

after 30 years, having established a legion of friendships and a memorable 

legacy. We will miss his kindness, his 

steadiness, and his unfailing confidence 

in the United States. Even as we will 

miss seeing our friend every day, we 

know that JOHN will be blessed by the 

opportunity to spend more time with 

his family. I am sure that he will continue to serve the public, and I join the 

Senate in wishing him all the best as 

he moves on to new adventures. 

PETE DOMENICI

Mr. SPECTER. Mr. President, the departure of Senator PETE DOMENICI will 

deprive the Senate of our foremost expert on energy and budget legislation, 

For 36 years, I have enjoyed and 

learned from PETE’s frequent presentations in our Republican Senators’ 

caucus meetings. 

His chairmanship of the Budget Committee during the Reagan administration led to sensible economies in Federal spending which have not since 

been duplicated. If his comprehensive 

ideas on energy had been followed, the 

United States would long ago have 

shed its dependence on foreign oil. 

Through it all, PETE has been a most 

congenial colleague. Always smiling, 

always helping, PETE has constantly 

been available to offer guidance to 

Members not as well-versed on his 

areas of specialty. Enormously popular 

in New Mexico, it is understandable 

why he is called ‘‘Saint Pete.’’ 

Senator DOMENICI came to my rescue 

when I was called upon to make the 

presentation at the Senate Wednesday 

prayer breakfast after I had been a 

member for a short period of time. I 

chose to talk about a new edition of 

the New Testament which had been 

published by a friend, Irwin Borowsky 

of Philadelphia. The text omitted all 

references which might have been interpreted to be critical of Jewish people in connection with the crucifixion. 

I made the point that these references had caused young Jewish boys 

to be beaten up in some communities 

on Christian religious holidays motivated by the anti-Jewish comments in 

the Bible. My theme was sharply, really vehemently, opposed by some Senators at the breakfast. PETE DOMENICI

then supported my contention reciting 

some of the barbs, insults and worse 

which had been inflicted on Italians. 

When PETE told me of his plan to retire because he thought he was failing, 

I urged him to make a full disclosure of 

his medical condition to his constituents but to stay on. I told him of a conversation I had with Senator Paul 

Tsongas in 1984 when Tsongas had announced his intent to retire because he 

had lymphoma, as I recall it. Since the 

medical evidence suggested Paul might 

well serve out his term, I urged him to 

stay on, leaving the voters to decide 

after making full disclosure as to his 

medical condition. Paul Tsongas felt 

otherwise and elected to leave. He not 

only could have served his full term 

through 1990 but then became a candidate for the Democratic nomination 

for the Presidency in 1992. After telling 

him about the Tsongas situation, PETE

stuck by his decision. In recent days, 

Senator DOMENICI has looked stronger 

than ever but I totally respect his decision, saying only that we will miss him 

very much. 

JOHN WARNER

Senator JOHN WARNER’s retirement is 

a great loss to the Senate. He brought 

to this body in 30 years of service wit, 

wisdom and gallantry. An old-style 

Southern gentleman, Senator WARNER

held a unique position as the Senate 

squire. His experience in military matters going back to his sailor days in 

World War II, to Secretary of the Navy 

in 1972, and Chairmanship of the Armed 

Services Committee, made him a preeminent figure in the Department of 

Defense legislation. When Senator 

WARNER made a recommendation on 

defense matters, his word carried great 

weight. 

Some of my fondest recollections of 

JOHN WARNER come from the squash 

court where we regularly engaged until 

he said his knees wouldn’t take the 

twists or turns any longer although he 

continued to be an avid tennis player. 

In a squash match more than 20 years 

ago, I sustained a serious gash under 

my left eye requiring six stitches for 

closure. At that time, I had read about 

a Washington hockey player who sustained an eye injury but came back immediately to play with headgear and a 


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plastic cover over the face. I secured 

one the same day of my injury and was 

back on the squash court the next day. 

JOHN claims responsibility, perhaps, 

credit for inflicting the wound. Memories fade after a couple of decades, but 

my recollection is that Senator Bob 

Packwood was the malefactor, although I never challenged JOHN’s recitation because he seemed to enjoy it so 

much. 

Some of our longest discussions occurred in the Senate gym where we 

would talk while awaiting our turn on 

the massage table. He would always 

say we came at about the same time although he was precise to assert his 2 

years’ seniority. 

Senator WARNER was a help to me 

even before I became a Senator when 

he and his new bride, Elizabeth Taylor, 

were the star attractions at a fundraiser for me in New York City. 

Senator George Mitchell tells an interesting story about Senator WARNER. 

Senator Mitchell recalls a filibuster 

where cots were set up in the Senate 

Marble Room where Mitchell was feeling sorry for himself about giving up a 

lifetime appointment as a Federal 

judge then becoming a Senator and 

wasn’t too happy about the all-night 

sessions. As George put it, he was 

stumbling his way through the cots 

during the 1980 filibuster all-nighter 

when he stumbled across newly wed 

JOHN WARNER snoring on one of the 

cots. George commented that JOHN was 

giving up more than he was so it wasn’t 

so bad after all. 

My speculation is that Senator WARNER will be called back for more public 

service because he still has a lot of 

vim, vigor and vitality, but we will 

sorely miss him in the Senate. 

LARRY CRAIG

LARRY CRAIG has made significant 

contributions to the Senate during his 

three terms. He has been a leader on 

energy, agriculture policy and veterans 

affairs. During the debate on immigration, he was a forceful spokesman for a 

guest farm workers program. When we 

next take up important subjects, his 

leadership will be missed, 

I worked with him closely on veterans affairs where he chaired that 

committee after I moved from chairman there to chair the Judiciary Committee. His leadership on a Codel to the 

World War II battlefields in France 

over Memorial Day 2006 was particularly noteworthy. Our visits to U.S. 

cemeteries in France and inspection of 

the Normandy beaches were memorable. 

I was glad to see LARRY finish out his 

full third term after the incident at the 

Minneapolis airport. When I heard the 

recording of the police officer’s questioning him, I immediately thought 

that there was insufficient evidence of 

wrongful conduct. I heard the reports 

that he planned to resign at the end of 

September 2006 and called him to suggest that he modify his public statement to allow for reconsideration of 

that decision. He did so, and as the 

record shows, his legal challenges well 

within his rights, enabled him to stay 

through the conclusion of the 110th 

Congress. 

Since that event, he has weathered 

the storm, conducted himself with dignity on his official duties and made a 

real contribution to the Senate. It was 

definitely in the interests of his Idaho 

constituents and the Senate for him to 

stay on and complete his term. 

CHUCK HAGEL

Senator CHUCK HAGEL’s intellectualism and independence will be sorely 

missed in the Senate. CHUCK HAGEL’s 

service in Vietnam, where he earned 

military decorations and honors including two Purple Hearts, has given 

him special standing on key defense 

issues. With that background, he enjoys a sort of immunity from a charge 

of being soft on defense and his views 

are more closely followed. 

Senator HAGEL will be especially 

missed by the few Republican moderates who were encouraged by his 

independence. 

My sense is that CHUCK HAGEL will 

stay in public life in one form or another, but I would have preferred to 

have seen him stay in the Senate to 

promote the resurgence of moderation 

within the Republican ranks and bipartisanship extending across the aisle for 

important legislation. 

WAYNE ALLARD

The Senate Appropriations Committee, as well as the Senate generally, 

will miss Senator WAYNE ALLARD. 

WAYNE has been a strong voice for fiscal responsibility. His background as a 

veterinarian has provided an interesting dimension beyond members who 

have legal, business, or academic backgrounds. 

Senator ALLARD has led by example, 

demonstrating his frugality by returning more than $4 million in unspent office funds to the U.S. Treasury since 

being elected to Congress. In retiring 

after two terms, he has stuck by his 

commitment on term limits. My personal preference would have been for 

WAYNE to stay on because, building on 

his experience, he would have made additional significant contributions to 

the benefit of his State, Colorado, and 

the Nation. 

GORDON SMITH

Mr. CONRAD. Mr. President, when a 

departing colleague has been a strong 

working partner as well as a friend, 

saying good-bye is not easy. I have had 

the pleasure of serving on several committees with GORDON SMITH over the 

course of his career. We have sat across 

the dais from each other at the Budget 

Committee, the Indian Affairs Committee, and the Finance Committee. 

I am proud of what Senator SMITH

and I have been able to accomplish in 

promoting savings and capital preservation for people in their retirement 

years. He recognized a long time ago 

that the sooner workers begin saving 

for retirement—and the longer they 

sustain that commitment—the better 

off they and their families will be when 

they have to depend on those savings. 

The successes we enjoyed in getting 

some of our ideas included in the Pension Protection Act of 2006 led to more 

ambitious proposals to address the special retirement savings and income 

needs of women and older workers. And 

GORDON SMITH was the first to join the 

effort to promote lifetime income instruments as a response to longevity 

advances, which constitute the greatest threat to the retirement income security of the baby boom generation. 

In view of the economic situation the 

country now faces, the efforts that 

Senator SMITH and I began must continue. I sincerely regret that he will 

not be my primary partner on this 

agenda in the 111th Congress. I certainly hope that he will continue to 

use his influence and intelligence to 

keep the focus on this clear national 

priority. 

Finally, I want to salute Senator 

SMITH for the character of his service 

to his State, this body, and to the Nation. He is the kind of deliberate, openminded, and thoughtful public servant 

the Founders must have had in mind 

when they conceived the Senate. We 

will truly miss this distinguished gentleman from Oregon. 

ELIZABETH DOLE

Mr. President, I rise today to acknowledge my colleague from North 

Carolina, Senator ELIZABETH DOLE, 

who will be leaving this body after 

serving the people of North Carolina 

for the past 6 years. 

Senator DOLE and I have had the opportunity to work together on various 

issues important to the future of our 

nation. Senator DOLE has been a strong 

advocate for the interests of not only 

her State, but the U.S. in general. 

For example, just recently, Senator 

DOLE and I worked together to pursue 

a more sustainable energy policy for 

our country. One of our goals was to 

transition new vehicles to an alternative source of energy by 2020 and reduce our dependence on foreign oil. 

This commitment to improving the nation is what defined Senator DOLE’s 

tenure in the Senate. 

Senator DOLE has also been active on 

agricultural issues. Because both of our 

States have a strong agricultural sector in our economy, this issue is very 

important to our constituents. From 

her time on the Senate Agricultural 

Committee early in her Senate career 

through the farm bill recently, Senator 

DOLE has consistently looked out for 

the North Carolina farming community 

and the farming industry itself. 

Senator DOLE has had a long career 

of public service. She served as Secretary of Transportation under President Reagan and Secretary of Labor 

under President George H.W. Bush. 

This gave her the distinction of being 

the first woman to serve in two different Cabinet positions during two different administrations. She also served 

as the president of the American Red 

Cross, heading one of the largest humanitarian organizations in the world. 


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November 19, 2008 CONGRESSIONAL RECORD — SENATE S10633 

This list of accomplishments underscores Senator DOLE’s commitment to 

serving the public at large. 

Again, I have appreciated the opportunity to work with Senator DOLE and 

wish her well as she leaves the Senate. 

f 

BUDGET SCOREKEEPING REPORT 

Mr. CONRAD. Mr. President, I rise to 

submit to the Senate the budget 

scorekeeping report for fiscal year 2008 

prepared by the Congressional Budget 

Office pursuant to section 308(b) and in 

aid of section 311 of the Congressional 

Budget Act of 1974, as amended. This is 

my final report for fiscal year 2008. 

This report shows the effects of congressional action through October 1, 

2008. Since my last report, dated September 12, 2008, the Congress has 

cleared and the President has signed 

P.L. 110–329, the Consolidated Security, 

Disaster Assistance, and Continuing 

Appropriations Act, 2009. The estimates of budget authority, outlays, 

and revenues used in this report are 

consistent with the technical and economic assumptions of S. Con. Res. 70, 

the 2009 budget resolution. 

The estimates show that current 

level spending is below the budget resolution by $5.2 billion for budget authority and $2.4 billion for outlays while 

current level revenues are above the 

budget resolution by $3 billion. 

I ask unanimous consent that the 

letter and accompanying tables from 

CBO be printed in the RECORD. 

There being no objection, the material was ordered to be printed in the 

RECORD, as follows: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, November 19, 2008. 

Hon. KENT CONRAD, 

Chairman, Committee on the Budget, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The enclosed report 

shows the effects of Congressional action on 

the fiscal year 2009 budget and is current 

through October 1, 2008. This report is submitted under section 308(b) and in aid of section 311 of the Congressional Budget Act, as 

amended. 

The estimates of budget authority, outlays, and revenues are consistent with the 

technical and economic assumptions of S. 

Con. Res. 70, the Concurrent Resolution on 

the Budget for Fiscal Year 2009, as approved 

by the Senate and the House of Representatives. 

Since my last letter, dated September 11, 

2008, the Congress has cleared and the President has signed the Consolidated Security, 

Disaster Assistance, and Continuing Appropriations Act, 2009 (Public Law 110–329). Division B of the act provided $22.9 billion for 

disaster relief and recovery for 2008; the entire amount was designated as an emergency 

requirement pursuant to section 204(a) of S. 

Con. Res. 21. Amounts so designated are exempt from enforcement of the budget resolution. As a result, the enclosed current level 

report excludes these amounts (see footnote 

2 of Table 2 of the report). 

Sincerely, 

ROBERT A. SUNSHINE

(For Peter R. Orszag, Director). 

Enclosure. 

TABLE 1.—SENATE CURRENT LEVEL REPORT FOR SPENDING AND REVENUES FOR FISCAL YEAR 2008, AS OF 

OCTOBER 1, 2008 

[In billions of dollars] 

Budget resolution 1

Current 

level 2

Current 

level over/ 

under (¥) 

resolution 

ON-BUDGET 

Budget Authority ...................... 2,456.2 2,451.0 ¥5.2 Outlays ..................................... 2,437.8 2,435.3 ¥2.4 Revenues .................................. 1,875.4 1,878.4 3.0 

OFF-BUDGET 

Social Security Outlays 3 .......... 463.7 463.7 0.0 Social Security Revenues ......... 666.7 666.7 0.0 

1 S. Con. Res. 70, the Concurrent Resolution on the Budget for Fiscal Year 

2009, assumed $108.1 billion in budget authority and $28.9 billion in outlays for overseas deployment and related activities. The Supplemental Appropriations Act, 2008 (P.L. 110–252) designated funding for these activities 

as an emergency requirement, pursuant to section 204(a) of S. Con. Res. 

21, the Concurrent Resolution on the Budget for Fiscal Year 2008. Such 

emergency amounts are exempt from the enforcement of S. Con. Res. 70. 

Since current level totals exclude the emergency requirements enacted in 

P.L. 110–252 (see footnote 2 of table 2), budget authority and outlay totals 

specified in S. Con. Res. 70 have also been reduced for purposes of comparison. 2 Current level is the estimated effect on revenue and spending of all legislation, excluding amounts designated as emergency requirements (see 

footnote 2 of table 2), that the Congress has enacted or sent to the President for his approval. In addition, full-year funding estimates under current 

law are included for entitlement and mandatory programs requiring annual 

appropriations, even if the appropriations have not been made. 3 Excludes administrative expenses of the Social Security Administration, 

which are off-budget, but are appropriated annually. 

SOURCE: Congressional Budget Office. 

TABLE 2.—SUPPORTING DETAIL FOR THE CURRENT LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2008, AS OF OCTOBER 1, 2008 

[In millions of dollars] 

Budget authority Outlays Revenues 

Previously Enacted 1

Revenues ..................................................................................................................................................................................................................................................................... n.a. n.a. 1,879,400 

Permanents and other spending legislation .............................................................................................................................................................................................................. 1,441,010 1,394,887 n.a. 

Appropriation legislation ............................................................................................................................................................................................................................................. 1,604,649 1,635,118 n.a. 

Offsetting receipts ...................................................................................................................................................................................................................................................... ¥596,805 ¥596,805 n.a. 

Total, Previously enacted ....................................................................................................................................................................................................................................... 2,448,854 2,433,200 1,879,400 

Enacted this session: 

Supplemental Appropriations Act, 2008 (P.L. 110–252) 2 ......................................................................................................................................................................................... 0 7 0 

Medicare Improvements for Patients and Providers Act of 2008 (P.L. 110–275) .................................................................................................................................................... 1,942 1,924 1 

Housing and Economic Recovery Act of 2008 (P.L. 110–289) 2 ............................................................................................................................................................................... 203 203 ¥968 

Higher Education Opportunity Act (P.L. 110–315) ..................................................................................................................................................................................................... ¥10 0 0 

2,135 2,134 ¥967 

Total Current Level 234 ....................................................................................................................................................................................................................................................... 2,450,989 2,435,334 1,878,433 

Total Budget Resolution 5 .................................................................................................................................................................................................................................................... 2,564,237 2,466,678 1,875,401 

Adjustment to the budget resolution for emergency requirements 6 ......................................................................................................................................................................... ¥108,056 ¥28,901 n.a. 

Adjusted Budget Resolution ................................................................................................................................................................................................................................................ 2,456,181 2,437,777 1,875,401 

Current Level Over Budget Resolution ................................................................................................................................................................................................................................ n.a. n.a. 3,032 

Current Level Under Budget Resolution .............................................................................................................................................................................................................................. 5,192 2,443 n.a. 

SOURCE: Congressional Budget Office. 

Note: n.a. = not applicable; P.L. = Public Law. 

1 Includes the following acts that affect budget authority, outlays, or revenues, and were cleared by the Congress during this session, but before the adoption of S. Con. Res. 70, the Concurrent Resolution on the Budget for Fiscal Year 

2009: National Defense Authorization Act for Fiscal Year 2008 (P.L. 110–181), Economic Stimulus Act of 2008 (P.L. 110–185), Andean Trade Preference Extension Act of 2008 (P.L. 110–191), Ensuring Continued Access to Student Loans 

Act of 2008 (P.L. 110–227), Consolidated Natural Resources Act of 2008 (P.L. 110–229), Strategic Petroleum Reserve Fill Suspension and Consumer Protection Act of 2008 (P.L. 110–232), Food, Conservation, and Energy Act of 2008 (P.L. 

110–234), SAFETEA-LU Technical Corrections Act of 2008 (P.L. 110–244), and Heroes Earnings Assistance and Relief Act of 2008 (P.L. 110–245). 2 Pursuant to section 204(a) of S. Con. Res. 21, the Concurrent Resolution on the Budget for Fiscal Year 2008, provisions designated as emergency requirements are exempt from enforcement of the budget resolution. The amounts so 

designated for fiscal year 2008, which are not included in the current level total, are as follows: 

Budget authority Outlays Revenues 

Supplemental Appropriations Act, 2008 (P.L. 110–252) ........................................................................................................................................................................................... 115,808 35,350 n.a. 

Housing and Economic Recovery Act of 2008 (P.L. 110–289) .................................................................................................................................................................................. 4,106 187 n.a. 

Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (P.L. 110–329) ................................................................................................................. 22,859 0 n.a. 

142,773 35,537 n.a. 

3 For purposes of enforcing section 311 of the Congressional Budget Act in the Senate, the budget resolution does not include budget authority, outlays, or revenues for off-budget amounts. As a result, current level excludes these items. 4 The scoring for P.L. 110–318, an act to amend the Internal Revenue Code of 1986 to restore the Highway Trust Fund, does not change current level totals. P.L. 110–318 appropriated approximately $8 billion to the Highway Trust Fund. 

The enactment of this bill followed an announcement by the Secretary of Transportation on September 5, 2008, of an interim policy to slow down payments to states from the Highway Trust Fund. The Congressional Budget Office estimates 

that P.L. 110–318 will reverse this policy and restore payments to states at levels already assumed in current level. Thus, no change is required. 5 Periodically, the Senate Committee on the Budget revises the totals in S. Con. Res. 70, pursuant to various provisions of the resolution: 

Budget authority Outlays Revenues 

Original Budget Resolution ......................................................................................................................................................................................................................................... 2,563,262 2,465,711 1,875,392 

Revisions: 

For the Strategic Petroleum Reserve Fill Suspension and Consumer Protection Act of 2008 (SPR Act) (section 323(d)) ................................................................................. ¥950 ¥950 0 

For the Heroes Earnings Assistance and Relief Tax Act of 2008 (Heroes Act) (section 323(d)) ........................................................................................................................ 0 0 8 

For adjustment to debt service for the SPR and Heroes acts (section 323(d)) .................................................................................................................................................. ¥7 ¥7 0 

For the Medicare Improvements for Patients and Providers Act of 2008 (sections 221(f) and 227) ................................................................................................................. 1,942 1,924 1 

For the Higher Education Opportunity Act (section 222) ...................................................................................................................................................................................... ¥10 0 0 


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