April 15, 2008 CONGRESSIONAL RECORD — SENATE S2995 The Eagles will hold an autograph session Resolved, That the Senate— scribed, which is a fancy way of saying at Conte Forum at 5:30 this afternoon, fol- (1) congratulates— we need to figure out another way to lowed by a victory celebration at 6:15 p.m. (A) the Boston College men’s ice hockey complete our work. That is taken care Mr. KENNEDY. Mr. President, I ask team for winning the 2008 National Colle- of in this bill. unanimous consent that the Senate giate Athletic Association Division I Na- We need colleagues to help us. We are proceed to the immediate consider- tional Ice Hockey Championship; and (B) the players, coaching staff, faculty and not adding one dime to the spending on ation of S. Res. 514 submitted earlier staff of the university, student body, and transportation systems and highways. today. fans whose determination, strong work All we are doing is making technical The ACTING PRESIDENT pro tem- ethic, drive, and support made the 2007–2008 corrections to make sure some of the pore. The clerk will report the resolu- championship season possible; projects that have been stymied—let’s tion by title. (2) congratulates the University of Notre say because the environmental report The assistant legislative clerk read Dame men’s ice hockey team for its success came in and said we can’t do alter- as follows: in the 2007–2008 season and for reaching the native 1, we have to do alternative 2, Frozen Four for the first time in the team’s A resolution (S. Res. 514) congratulating and alternative 2 was not authorized— the Boston College men’s ice hockey team on history; and winning the 2008 National Collegiate Ath- (3) directs the Secretary of the Senate to will be allowed to move forward. letic Association Division I National Ice transmit an enrolled copy of this resolution I did a press conference today with Hockey Championship. to— both management and labor of the There being no objection, the Senate (A) Boston College President Father Wil- building trades. The construction liam P. Leahy, S.J.; workers are hurting out there. We proceeded to consider the resolution. (B) Boston College Athletic Director Gene Mr. KENNEDY. Mr. President, I ask know we are in a recession. This is a DeFilippo; and mini-economic stimulus bill. We are unanimous consent that the resolution (C) Boston College Head Coach Jerry York. be agreed to, the preamble be agreed not suggesting it is a cure-all by any Mr. KENNEDY. Mr. President, I sug- to, the motions to consider be laid means. It is a small bill, but it will un- gest the absence of a quorum. upon the table, and any statements be leash $1 billion across this great Nation The ACTING PRESIDENT pro tem- printed in the RECORD without inter- of ours. When you unleash $1 billion of pore. The clerk will call the roll. vening action or debate. spending, what it means is tens of The ACTING PRESIDENT pro tem- The assistant legislative clerk pro- thousands of workers will get jobs. pore. Without objection, it is so or- ceeded to call the roll. They are doing important projects— dered. Mr. KENNEDY. Mr. President, I ask fixing bridges, fixing roads, building The resolution (S. Res. 514) was unanimous consent that the order for transit systems—all the good work agreed to. the quorum call be rescinded. that makes our Nation work. The preamble was agreed to. The ACTING PRESIDENT pro tem- I am here. It is about 2:20 in the The resolution, with its preamble, pore. Without objection, it is so or- afternoon. We have been on the floor of reads as follows: dered. the Senate since early Monday. Frank- S. RES. 514 f ly, this bill could have been done in an hour or two. We are very willing to Whereas, on Saturday, April 12, 2008, the RECESS Boston College men’s ice hockey team (re- take the few amendments there are and ferred to in this preamble as the ‘‘Eagles’’) Mr. KENNEDY. Mr. President, I ask work with the authors of those amend- won the 2008 National Collegiate Athletic As- unanimous consent that the Senate ments. We may have to have just an sociation (NCAA) Division I National Ice stand in recess until 2:15 p.m. this up-or-down vote because, frankly, we Hockey Championship by defeating the Uni- afternoon. are not going to entertain anything versity of Notre Dame men’s ice hockey There being no objection, the Senate, team by the score of 4 to 1 in the final game that changes the law. This is just a of the Frozen Four; at 12:24 p.m., recessed until 2:15 p.m. technical corrections bill. But if there Whereas the University of Notre Dame and reassembled when called to order are things we can do to accommodate men’s ice hockey team deserves great re- by the Presiding Officer (Mr. CARPER). our colleagues, we are happy to do spect for reaching the Frozen Four for the The PRESIDING OFFICER. The Sen- them. first time in the team’s history and then ad- ator from California is recognized. When I say ‘‘we,’’ I not only mean the vancing to the National Championship game; f Democratic members of the committee Whereas the victory for Boston College but the Republican members of the marked the Eagles’ third national hockey HIGHWAY TECHNICAL CORREC- championship, after the team’s first cham- committee. Senator INHOFE has been TIONS ACT OF 2007—MOTION TO working very closely with me, and we pionship win in 1949 and its second cham- PROCEED—Continued pionship win in 2001; feel very good about our work to- Whereas the Eagles earned the number 1 Mrs. BOXER. Mr. President, I am gether. We managed to get our WRDA seed in the NCAA hockey tournament with very hopeful that our Republican bill through, the Water Resources De- an impressive overall record of 24 wins, 11 friends had a good meeting about this velopment Act, in 7 months after it losses, and 8 ties during the 2007–2008 season; SAFETEA-LU technical corrections languished 7 years. We can do it on this Whereas the Eagles were led by junior Na- bill and that they decided to work with too. On that we had to override the than Gerbe, the Nation’s leading scorer in us to get this job done. This, as we say, men’s college ice hockey, who came in sec- President’s veto. The President sent us ond for the Hobey Baker Memorial Award, is definitely not rocket science. It is a a little note that he doesn’t love this with 35 goals and 32 assists during the sea- bill that is going to correct some mis- bill; there is one thing he doesn’t like. son; takes we made in this enormous high- The fact is, the one thing he doesn’t Whereas the Eagles have made the Na- way transportation bill that was like was signed off on by Republicans tional Championship game in each of the passed several years ago. It is going to and Democrats on the Banking Com- past 3 years, demonstrating extraordinary make very important corrections so mittee. It has to do with how we teamwork and dedication; the Department of Transportation can prioritize transit projects. The desire Whereas the remarkable 2007–2008 season proceed to investigate the status of our also included a memorable victory for the of the committee to put this in the bill Eagles in the historic Beanpot Championship highways, our bridges, and our transit is a reiteration of SAFETEA-LU. It in February 2008, earning Boston College its systems. really doesn’t change anything, it just 14th Beanpot Championship; The bottom line is, as we get ready stresses it. The President does not like Whereas Boston College ‘‘Super Fans’’ for our next highway bill—and, Mr. it, but I am hopeful he is not going to traveled great distances all year and gave President, you are such a key player on veto. He didn’t say he is going to veto. the Eagles strong support throughout their our committee. You know this as well He just said he didn’t appreciate the championship season; and as I do. We see bridges collapsing. We guidance we are giving him. We don’t Whereas Boston College and its student need to know the extent of the prob- athletes are well known for their commit- believe it is a veto threat. We believe ment to both athletic and academic excel- lems we are facing. we can get this to his desk. lence, ranking sixth nationally among NCAA Because of a problem in the bill, the Think about how good we will feel to Division I schools in the graduation rate of account that we need to fund these in- know that people who are hurting can student athletes: Now, therefore, be it vestigations and studies is oversub- get jobs right now—that is really what

VerDate Aug 31 2005 04:52 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S15AP8.REC S15AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S2996 CONGRESSIONAL RECORD — SENATE April 15, 2008 it is about right now—and, frankly, ly can’t do anything. They know that. amount of time they work to pay the companies that are hurting can get But I believe the American people will taxes themselves. At the end of the contracts. recognize in November what has hap- day, despite our lengthy codified tax Again, this is a no brainer, for want pened in the Senate. law, there is no evidence to suggest of a better term. This is something we I suggest the absence of a quorum. that Americans know how much they should do. We should do it quickly. I The PRESIDING OFFICER. The should be paying in taxes in any given stand by ready, willing, and able to get clerk will call the roll. year or why. this work done. The assistant legislative clerk pro- Our Tax Code should aspire to be I do not see anyone else on the Sen- ceeded to call the roll. clear and transparent, rather than ate floor wishing to speak. Mr. Presi- Mr. ALLARD. Mr. President, I ask multifarious and convoluted. Everyone dent, I will be back when I have to be unanimous consent that the order for should be able to have a basic under- back. the quorum call be rescinded. standing of the Tax Code, knowing how I yield the floor and suggest the ab- The PRESIDING OFFICER. Without and why they are taxed. The Tax sence of a quorum. objection, it is so ordered. Code’s constant phase-ins and phase- The PRESIDING OFFICER. The Mr. ALLARD. I ask unanimous con- outs are a nuisance at best and a nega- clerk will call the roll. sent that I speak as in morning busi- tive force, at worst, in the daily eco- The assistant legislative clerk pro- ness. nomic lives of American families and ceeded to call the roll. The PRESIDING OFFICER. Without businesses. Mr. REID. Mr. President, I ask unan- objection, it is so ordered. Moreover, taxpayers with the same imous consent the order for the TAX REFORM incomes, family situation, and other quorum call be rescinded. Mr. ALLARD. Mr. President, I rise key characteristics often face different The PRESIDING OFFICER. Without today to talk about an issue that is tax burdens. This differing treatment objection, it is so ordered. very important to the hard-working creates a perception of unfairness in Mr. REID. Mr. President, here we men and women of our great country; the Tax Code and has left many Ameri- are. It is 2:15, 2:20. The caucus has that is, tax reform. I believe the Fed- cans discouraged. ended for the Republicans, and there is eral tax burden is excessive and overly At present, how much or little tax- still no decision on the momentous de- intrusive. Reform of the IRS and the payers pay in taxes is sometimes de- cision on whether we can legislate on a current tax system is long overdue. pendent on where they happen to live technical corrections bill. It is too bad If our Democratic colleagues have and the choices made by their employ- that we cannot move forward; we have their way, the Tax Code will continue ers. so much to do in this body to meet the to be excessive and overly intrusive. In In 1986, President Ronald Reagan, a needs of the American people. We need recent years it has become abundantly true visionary in this area, signed the to do something about the reauthoriza- clear to me that we have lost sight of Tax Reform Act of 1986 which reduced tion of the Federal Aviation Agency. the fact that the fundamental purpose top marginal individual rates from 50 We have an equal pay issue we have to of our tax system is to raise revenues percent to 28 percent, increased the deal with. We have a veterans health to fund our Government. standard deduction, and reduced the matter we have to deal with. We have In its current application, the U.S. top corporate tax from 50 percent to 34 to deal with a long list of legislation, tax system distorts the economic deci- percent. In doing so, this reform act and we are being stopped from doing sions of families, of businesses, leading simplified the Tax Code, broadening that today. We were stopped from to an inefficient allocation of resources the income tax base, allowing for lower doing it yesterday. We were stopped and hindering economic growth. marginal rates, and curtailing the use from doing it on Thursday. Our tax system has become unstable of individual tax shelters. I want to be spread on the record and unpredictable. Frequent changes to While the 1986 act was a step in the that this obstructionism of the Repub- the Tax Code have caused volatility right direction, unfortunately, it did licans has been carried to a fine art. that is harmful to the economy and not produce a long-lasting trans- They are doing a great job. They are creates additional compliance costs. formation of our tax system. Today, basically obstructing everything, stall- The tax system was originally intended our tax system bears little resemblance ing for time to maintain the status to be an efficient and simple system to the simple low-rate system promised quo. We have had 7-plus years of this designed to raise revenues for our na- by the 1986 reform. This is due to con- administration which has brought this tional defense, social programs, and stant tweaking over the years. More country down, not up. We have an vital Government services. However, than 100 different acts of Congress have economy that is staggering. We have a the current tax system is now so com- made nearly 15,000 changes to the Tax housing crisis like we have rarely plex that approximately $150 billion is Code. seen—maybe during the Great Depres- spent each year by taxpayers and the Public opinion polls indicate that sion but not since then. We have a war Federal Government to make sure that Americans believe taxpayers should that is costing us $5,000 a second, and taxes are tallied and paid correctly. not have to pay more than one-fourth the Republicans want to maintain the This is an enormous expense and a of their income to the Government. status quo. waste of resources. At present, the The current Tax Code hardly reflects The only thing they talk about is United States has instituted a tax sys- this perspective. Depending on the let’s have the Bush tax cuts go on a lit- tem that thwarts basic economic deci- level of income, the amount of deduc- tle bit longer. Let’s do tort reform. It sions, punishes wise and productive in- tions, and the type of family, one’s in- is no longer a serious debate on legisla- vestments, and rewards those who come can be taxed at 25 percent, 28 per- tion. It is a serious debate on how to work less and borrow more. cent, 33 percent, or 35 percent. keep attention away from the failed As it stands, the quagmire that is our I support broad-based tax reform and Presidency of George Bush. existing Tax Code penalizes savings, a simplified tax system. It is my belief We can have a vote at 11:30 tonight, contributes to the ever-increasing cost that any reform to the current tax sys- approximately. It takes a majority of health insurance, and undermines tem should benefit the middle class. vote. That is all it takes to move for- our global competitiveness. More dis- The vast majority of taxpayers are the ward on this legislation. Until then we turbing is the fact that Americans middle class, and they have borne the can do nothing. We cannot legislate spend more than 3.5 billion hours doing burden of the current system. until the 30 hours is used. In the 65 or their taxes, which is the equivalent of While I was a member of the Colo- 70 filibusters they have conducted in hiring almost 2 million new IRS em- rado Legislature, we implemented a 5- the Senate—my math is not good ployees; more than 20 times the agen- percent flat tax for Colorado. I believe enough instantaneously to tell you cy’s current workforce, I might add. we should take a similar approach on how many hours we have eaten up on On average, Americans spend the the Federal level. While I would be days like this just doing nothing, just equivalent of more than half of one willing to consider a flat tax or a sales letting the statutory 30 hours run out— work week; that is, 26 hours, on their tax or other plans on the Federal level, but during that period of time we real- taxes each year, not to mention the it is important that any replacement

VerDate Aug 31 2005 04:52 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S15AP8.REC S15AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 15, 2008 CONGRESSIONAL RECORD — SENATE S2997 plan be simple and fair. The replace- Mr. DEMINT. Mr. President, I ask projects, essentially adding new ear- ment system must provide tax relief unanimous consent that the order for marks to the bill. for working Americans. It must protect the quorum call be rescinded. The President’s statement of admin- the rights of taxpayers and reduce our The PRESIDING OFFICER. Without istrative policy regarding this tech- collection abuse. But most impor- objection, it is so ordered. nical corrections bill contains strong tantly, a new system must eliminate Mr. DEMINT. Mr. President, I want language critical of this legislation, the bias against savings and invest- to take a few minutes to speak on the and let me quote some from that SAP. ment and against economic growth and transportation technical corrections The administration notes with strong con- job creation. bill, which we will be discussing this cern that the majority of the bill is devoted No one can deny that our Tax Code is week. Later on I will offer a motion to to earmarks. The bill modifies hundreds of in dire need of reform. Its complexity, recommit, with some considerations I earmarks from a bill that passed in 2005, ef- lack of clarity, unfairness, and dis- fectively creating new earmarks, including a would like to address now. stand-alone section that would provide man- proportionate influence on behavior A lot of us were part of moving this datory funding for magnetically levitating has caused great frustration. Our cur- through Congress. It is an important rail. The effort through H.R. 1195 to modify rent Tax Code has been shaped by goals transportation bill, when roads and these earmarks from an authorization that other than simplicity, by intentions bridges are in desperate need of funding passed only three years ago is a further re- other than helping the taxpayer plan for repairs and widening. flection of those inefficiencies. Therefore, ahead, and by objectives other than ex- There were over 6000 politically di- the Administration urges that these provi- panding our economy. Not only has it rected earmarks in the original high- sions be removed from the bill. failed to keep pace with our economy, way bill. Now, the corrections bill in- That is effectively what my motion frequent changes have made it unstable volves 500 of those earmarks. I thought will address when we offer it later in and unpredictable. Years of hodgepodge we should talk about the bill and what the week. Government interference and ad hoc this means, as far as transportation in Again quoting from the administra- meddling have left our Tax Code in the United States. tion’s position on this bill: shambles. While we cannot change the First, I want to thank Senators The administration urges Congress to re- past, we can learn valuable lessons BOXER and INHOFE for all of the work strict the bill to true technical changes. For from the same and remedy our mis- they have done on transparency on this example, in addition to those noted above, takes. both the Senate-proposed substitute and the legislation. While I strongly believe we underlying bill contain substantive changes If we do not take steps to imme- should put an end to the practice of to statutory provisions regarding waiver pro- diately simplify and reform the Tax earmarking, if the Senate is going to cedures for Buy America requirements that Code, it will become more complex, earmark, it must do it in a transparent should be removed from the bill because they more unfair, and less conducive to our manner. I believe the chairwoman and are not technical corrections. In addition, economy’s future growth. ranking member have set an example section 104 of the substitute would repeal Small reforms are not enough. A for all committees in providing infor- section 111(d) of title 23 of the U.S. Code, total overhaul of the existing system is mation in a way that people can look which allows idling reduction facilities at public rest areas in Interstate rights-of-way. the only chance we have of righting at it and debate it. It is all right for us this wrong and getting our economy This provision is a policy change, not a tech- to disagree on whether we like ear- nical amendment. Repealing this section of and our deficit back on track. marks. In this case, we can do it with Raising taxes is not an option. Our the U.S. Code would eliminate a beneficial full disclosure of what is actually in initiative first proposed by this administra- Democratic colleagues seem to believe the bill. tion. that raising taxes or doing nothing The American people deserve to We have heard for the past months, about taxes is the best policy. Just last know how their elected representatives and will continue to hear today, that month, Democrats proposed raising are spending their money, and the way Members of Congress know what is best taxes on the average American family this bill handles earmark disclosure in their districts—know better than by $2,300 per year. Earlier this year, helps us do just that. The Senators some unelected Federal bureaucrat. If Democrats passed a proposal calling for from California and Oklahoma have a Member of Congress knows what is the largest tax hike in history. If disclosed the sponsor, the recipient, Democrats continue down this path of best for their district, then why are we and the purpose of the earmarks in this tax increases and a do-nothing tax pol- debating a 138-page so-called technical bill, in addition to letters disclosing icy, more and more American families corrections package? I suppose some of that the sponsors have no financial in- will suffer. these are drafting errors, and I do not It is important to point out that to terests in the particular earmark. I deny there should always be room for do nothing on the Tax Code means a was also pleased to see that disclosures some error in the legislative process. tax increase is going to happen within were made in a timely manner so we But page after page of corrections does the next several years. A do-nothing could review them before we began not speak well for our whole ear- policy on taxes will allow for the expi- consideration of the legislation. They marking process. ration of several key tax provisions. It have gone beyond the requirements of The 1982 highway bill had only 10 ear- will further the reach of the AMT, the the Senate rules, and I applaud them marks. That number rose to 538 in 1991, alternative minimum tax. We will see a for their commitment to transparency. and 1,800 in 1998. The SAFETEA-LU tax increase of more than $1.2 trillion I hope the other committees are equal- highway authorization bill we are talk- over the next 10 years. ly committed to transparency. ing about today contained an inexcus- At a time of economic uncertainty, My colleagues have suggested on the able 6,000 earmarks, at a cost of well raising taxes and taking money out of floor that this bill is needed so States over $20 billion and now nearly 500 the pockets of the American people can move forward with planning and changes in the technical corrections should not be the goal of the Congress. construction of authorized projects package. A 2007 report by the Depart- We must act now. We have a responsi- from the last highway reauthorization ment of Transportation Office of In- bility to our constituents and the Na- bill. As with all large bills, there were spector General, requested by Senator tion to resolve the predicament the typos and other errors in this bill, and TOM COBURN, found that DOT earmarks current tax system has put us in. If we the technical corrections bill we are have increased in number by 1,150 per- do not act sooner rather than later in discussing this week was designed to cent from 1996 to 2005—an incredible in- reforming our tax system, it will con- correct those technical errors and crease—and, as we can see, a number tinue to become more complex and problems. I think that is something, that has been very difficult for us to cumbersome. obviously, we need oftentimes to do manage effectively here in the Con- I yield the floor and suggest the ab- with most of our legislation. But in- gress. sence of a quorum. stead of correcting the errors from the This administration has projected The PRESIDING OFFICER. The last reauthorization bill, the com- that the highway trust fund will have a clerk will call the roll. mittee decided to rewrite public law negative balance of $3.2 billion by 2009 The assistant legislative clerk pro- and add contract authority as well as if we continue on the path of out- ceeded to call the roll. add to spending levels for certain spending the receipts in this account.

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Press reports indicate that the plete the highway account and cause Page 29 amends an earmark in cur- MAGLEV route is nearly identical, as I the highway trust fund to be bankrupt rent law that provides $2.7 million for mentioned before, to a completely pri- sooner than projected. upgrades to an interchange in Pennsyl- vately financed rail project, which is I know the case has been made that vania by striking the $2.7 million estimated to cost between $3 billion this technical corrections bill does not amount and increasing the earmark to and $5 billion. This legislation would increase the overall amount, but as we $3.2 million. use taxpayer dollars to fund a govern- went back through this and found nu- Page 35 amend a New York earmark ment project that is in direct competi- merous earmarks that were no longer in current law that provides $4 million tion with an existing privately funded needed or even wanted, instead of mov- for Miller Highway improvements by effort. ing that money to savings, we moved it striking the existing earmark and in- The Government does not need to be to earmarks, and new earmarks, and to serting the following new earmark: pe- replacing private sector involvement. add to additional earmarks at a time destrian paths, stairs, seating, land- In 2005, the Los Angeles Times had this when we need to be trying to save scaping, lighting, and other transpor- to say about MAGLEV: money to overcome the projected def- tation enhancement activities along The long-running debate over MAGLEV icit. Congress needs to take a timeout Riverside Boulevard and at Riverside trains is a battle between faith and reason. and examine the country’s infrastruc- Park South. This is not a technical They have to rely on faith because there is correction, and it is one of the reasons very little evidence of the practicality of ture priorities instead of relying solely these systems. Only one commercial high- on Members of Congress transportation we are not rebuilding and improving and maintaining bridges in America, speed MAGLEV train exists, covering a 19- earmarks. mile stretch from Shanghai to Pudong Inter- Of most concern is that many of the because we are focused on things that national Airport. Why spend so much money, earmarks requested and funded in high- are not basic infrastructure. especially if it’s from taxpayers, when you way authorization bills are neither the Pages 63 and 64 amend a New York might get more bang for the buck out of most effective nor efficient use of earmark in current law that provides cheaper alternatives? That the Primm line funds. Many of them, such as an ear- $500,000 for design and construction of has gotten this far is a tribute to the power an access road to Plattsburgh Inter- and determination of the Senate Majority mark for renovating the Apollo The- Leader, who undoubtedly sees MAGLEV as ater, have nothing to do with transpor- national Airport by striking this de- scription and inserting the following promising a new transportation system for tation. Senators and House Members pork. have picked particular projects for new earmark: preparation, demolition, disposal, and site restoration of Alert The Associated Press also reported a funding that they know will result in Facility on Access Road, Plattsburgh few weeks ago that the country of Ger- their gaining political support. They International Airport. many has canceled its initiative to will get more votes in their reelection So we found we didn’t need the build a MAGLEV link to the Munich campaigns for bringing home the money in one area, but we found a new airport, citing escalating costs. Ger- bacon, but funding will be redirected area, instead of saving it, as we appar- many’s transportation minister told from highway projects where it is most ently need to do to keep the Highway reporters that it was ‘‘not possible to needed. Trust Fund on the path of solvency. finance the project’’ since the cost had This is why I have proposed this mo- The most glaring example of a non- more than doubled. tion to recommit, that will send this technical correction made by this bill I guess anything is possible when it bill back to the committee and require is the MAGLEV section, which pro- is taxpayer money, but, clearly, build- that the bill be reported back to the vides $90 million over 2 years in manda- ing an unproven experimental project, Senate with an amendment that elimi- tory spending for a MAGLEV rail where private money is already accom- nates any provision in the bill that in- project from Nevada to California. plishing the same thing, does not make creases spending for earmarks that are Under current law, this project was very much sense. In this transpor- contained in the SAFETEA bill. In- simply between two cities in Nevada, tation bill, not only will this experi- creasing spending for existing ear- but this technical corrections bill mental rail provision eventually cost marks is simply not a technical correc- paves the way for extending this billions in Federal funding and insert tion, and such provisions do not belong project all the way to California and the Government into the private mar- in this legislation, that is intended to leaves the Federal Government on the ket, where it doesn’t belong, it would only correct the technical aspects of hook for paying the price tag. most likely also be bad for consumers. the bill. How will this project expand Federal According to my last check on the Here are a few examples of provisions spending? Well, first, it jams all the Internet, the nonstop flights from Los in this bill that are not technical cor- funding into the last 2 years, which in- Angeles to Las Vegas are 1 hour 10 rections but are actually inserting new creases the baseline from $30 million in minutes and cost only $118 for a round earmarks into law or significantly in- 2009 to $45 million. The way we fund trip. That is $59 each way. creasing funding for existing earmarks. things here is based on year-to-year I ask my colleagues how much these Page 18 amends an earmark in cur- baselines. It turns the funding from an MAGLEV trips will cost. Are we abso- rent law that provides $800,000 for an authorization to direct spending. In the lutely certain it will cost less than $59 intersection project in Pennsylvania by original bill, it allows the funding of a each way? If not, why would not con- striking the $800,000 designation and project. Now it requires the funding of sumers fly? increasing the earmark to $2.4 million. a project. It extends the Federal I would hazard a guess here that if we That is not a technical correction. project from Primm, NV, to Anaheim, were asking Members of the Senate to On page 19, we amend an earmark in CA, and it involves the Federal Govern- invest their own personal money in current law that provides Federal ment in a dubious construction project this project, not one would reach for funds for widening two blocks of Poplar that will create an unwanted transpor- their wallet. But this is taxpayers’ Street from Park Avenue to 13th tation mode, the cost of which will money we are spending on something Street in Williamson County, IL, by likely expand considerably. none of us would do as individuals. striking that description and inserting Along this same route, a private Even the administration has weighed the following new earmark, which is to company has raised billions of dollars in on this provision stating that the construct a connector road from Rush- to build a high-speed rail corridor from bill modifies hundreds of earmarks ing Drive north to Grand Avenue in Nevada to California without any tax- from a bill that passed in 2005, effec- Williamson County. It is not a tech- payer money. Our role in Government tively creating new earmarks, includ- nical correction. It is a new project and should be to make the private sector ing a stand-alone section that would it is the elimination of another one. work, not to replace it and to compete provide mandatory funding for mag- Page 22 amends an earmark in cur- with it with taxpayer dollars. netic levitating rail. The administra- rent law that provides $800,000 to widen In addition to increasing Federal tion urges these provisions be removed State Road 80 in Henderson County, funding, this provision inserts the Gov- from the bill.

VerDate Aug 31 2005 04:52 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S15AP8.REC S15AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 15, 2008 CONGRESSIONAL RECORD — SENATE S2999 We are not talking about technical The importance of transparency in paragraphs. For example, section 105 of corrections. These provisions increase Government operations was also recog- the bill is 63 pages containing 386 ear- funding for existing earmarks and cre- nized by Jefferson. In 1808, he wrote: marks. These earmarks contain such ate new earmarks. Proponents of this The same prudence, which, in private life, illuminating descriptions as ‘‘In item legislation will argue that the bill would forbid our paying our money for unex- number 753 by striking $2,700,000 and spends no new Federal dollars and, in plained projects, forbids it in the disposition inserting $3,200,000.’’ That is all we fact, even saves taxpayers a few mil- of public moneys. know unless we go back to the original lion dollars. While that is true, the bill As I said before, I doubt very seri- bill to figure it out. The earmark de- accomplishes this by rescinding funds ously any Member of this Senate would scription for this one simply says it is left in the Treasury that were never invest their own money in an unproven from BILL SHUSTER and gives the used by a few earmarks previously au- technology over a route where there is SAFETEA–LU section it amends. Even thorized by Congress. However, it is already going to be private competi- with the list of earmark descriptions, clear to me that this bill is just an- tion. one has no idea what this amendment other way for Congress to create new Jefferson also astutely recognized does without going to the underlying earmarks, increase spending for exist- that large amounts of spending would bill. When you look at the law, you see ing earmarks without actually appear- inevitably lead to outside efforts to re- that it has to do with ‘‘Widening of Rt. ing to be doing just that. direct that money. He wrote in 1801 22 and SR 26 in Huntingdon. Upgrades In addition, by shifting existing fund- about the need ‘‘to reform the waste of to the interchange at U.S. Rt. 22 and ing from one earmark to be used for a public money, and thus drive away the SR 26.’’ I still have no idea why this completely new earmark, this bill also vultures who prey upon it[.]’’ project needs a $500,000 plus-up, but at creates new projects which now rely on George Washington noted in 1792 that least I have a general idea what the the Federal Government to continue no mischief is ‘‘so afflicting and fatal project is. But, again, I do not expect their funding in the future. In the long to every honest hope, as the corruption that any of my colleagues actually run, this legislation encourages waste- of the legislature.’’ looked up this earmark. ful Washington spending through the Congressional approval ratings, as we broken process of earmarking. This bill highlights the fact that this all know, are now at record lows be- is a terrible way to write legislation, Here is an example of a true tech- cause taxpayers do not believe we are nical correction included in this legis- where we all decide the different being honest or open about how we projects we want and force them in a lation. On page 24 of the bill, there is a spend their money. provision that would strike the word single bill. This bill demonstrates to One might argue that earmarking is me and the American people that ear- ‘‘country’’ and insert the word ‘‘coun- a simpler system. There is really no ty’’ in an earmark for ‘‘New County marking is out of control and that the meddling by bureaucrats, no cost-ben- process is inefficient. road on Whidbey Island’’ in Wash- efit analysis, no hearing just a big pie We are spending time on the Senate ington State. The current law refers to that is sliced up into pieces of varying floor to pass 138 pages of ‘‘fixes’’ to this road as ‘‘New Country Road,’’ sizes, with the senior Members getting mistakes and errors relating to exist- which was a mistake, and this bill the biggest slice. But this is no way to ing earmarks. I say to my colleagues, would correct that error by inserting run a government or a country. we have much more pressing needs that the word ‘‘county.’’ Clearly, this is a This bill proves that the so-called deserve our time and attention, such as true technical correction and rep- simplicity of the system is not all it is providing health insurance to the mil- resents the spirit of what this bill was cracked up to be. One of the changes in lions of uninsured across this Nation, intended to accomplish, which is to this bill involves removing an earmark making health care more affordable, correct technical errors contained in that was not even wanted but was se- and passing the FISA reauthorization current law. cretly put into a bill after the bill had Another argument we hear is that bill to protect our homeland. Instead, already passed. Now, that is the sort of earmarking Federal tax dollars is our we are spending precious time fixing technical correction we should be pass- ‘‘constitutional obligation.’’ Our col- earmarks—hardly a high priority with ing right now. Why did it take so long league, Dr. Coburn, wrote an excellent taxpayers who are disgusted with the to identify an earmark that was not article entitled ‘‘Founders vs. Pork’’ way their hard-earned tax dollars are wanted or needed? Fortunately, in this addressing this bogus claim. I will not being wasted now. bill, we could remove it. Senator read the article in its entirety, but I I urge my colleagues to support this COBURN has an amendment that will commend it to all my colleagues. It amendment. Again, it does not strike contains some excellent quotations force an investigation of this bizarre process by which an earmark finds its any earmarks that are in law. It allows which I will share. all the technical corrections that are Thomas Jefferson, in a 1796 letter to way into a bill that already has passed. I look forward to the findings. I en- included in this bill, but it simply says James Madison regarding federally we would eliminate any new earmarks funded local projects, said that courage my colleagues to support it. I applaud the committee for pro- in this bill and any increases in exist- ‘‘[O]ther revenues will soon be called ing earmarks. I think that is what a into their aid, and it will be the source viding earmark disclosure, more ear- mark disclosure than we have seen out technical corrections bill should be. of eternal scramble among the mem- Mr. President, I yield the floor. bers, who can get the most money of most committees. Senators BOXER The PRESIDING OFFICER. The Sen- wasted in their State; and they will al- and INHOFE are to be commended for ator from Maryland. ways get the most who are the mean- their effort they have made to comply est.’’ with the letter and the spirit of the Mr. CARDIN. Mr. President, I intend In a 1792 letter to Alexander Ham- law. As I said, I hope all the commit- to speak for a few minutes on behalf of ilton conveying what he believed to be tees will follow example. However, this the committee in response to the com- the public’s perception of government, bill does not have a committee report. ments made by the Senator from South George Washington cited worries about In that sense, Senators have been de- Carolina. I ask unanimous consent that the ‘‘increase in the mass of the debt,’’ nied the tools we customarily rely on the Senator from Georgia then be rec- which had ‘‘furnished effectual means to decipher massive catchall bills such ognized for up to 5 minutes to talk as of corrupting such a portion of the leg- as this. For example, without the in morning business and then followed islature, as turns the balance between ‘‘changes in existing Law’’ document, by the Senator from North Dakota. the honest voters[.]’’ Hamilton, who fa- which is contained in all committee re- The PRESIDING OFFICER. Without mously clashed with Jefferson and ports, we are theoretically supposed to objection, it is so ordered. Madison on fiscal matters, responded go through each earmark and try to Mr. CARDIN. Mr. President, I first that ‘‘[e]very session the question figure out what it is amending. Since it thank my colleague from South Caro- whether the annual provision should be is almost certain that few Members lina for acknowledging that the process continued, would be an occasion of per- will actually do this beyond projects that was used on this technical correc- nicious caballing and corrupt bar- they inserted in the bill personally, the tions bill was a very open process, one gaining.’’ bill is largely a series of meaningless in which all the changes were open for

VerDate Aug 31 2005 04:52 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S15AP8.REC S15AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3000 CONGRESSIONAL RECORD — SENATE April 15, 2008 public review and scrutiny, well identi- ify and, in some cases, to make typo the Dodgers and the Yankees, so it was fied, and a process in which any Mem- corrections and things such as that. a natural rivalry that my brother and ber or any person could evaluate the It is vitally important to move this I have. I have very vivid memories of merits or demerits of what we were at- bill forward so we can move forward on watching Jackie Robinson play ball on tempting to do. vital transportation projects that af- TV and having great admiration and Second, let me point out that this is fect every one of our States. I urge our respect for him as an athlete. It was a technical corrections bill—and I am colleagues to support the committee Jackie Robinson who paved the way for going to respond to one of the projects and support the process, the very open so many great athletes today. specifically that the Senator from and fair and transparent process that Little did he know, back then in 1947, South Carolina has talked about—but was used by the committee in devel- that he would be followed by the likes that it is a normal process when we oping the changes that are in this leg- of Larry Doby, Willie Mays, and my pass a large bill to go through a tech- islation. good friend, Hank Aaron. But what a nical corrections process in order to Mr. President, I yield the floor. great inspiration he has been for all of correct mistakes that were made or The PRESIDING OFFICER. The Sen- America. Today, I honor the man who clarify or, as priorities change, to deal ator from Georgia. stood boldly against those who resisted with the regions to make sure the Fed- JACKIE ROBINSON racial equality, and I acknowledge the eral programs are properly targeted to Mr. CHAMBLISS. Mr. President, I profound influence of one man’s life on the needs. This is a technical correc- rise today to commemorate a seminal the American culture. Jackie Robin- tions bill. moment in our Nation’s history. On son’s life and legacy will be remem- Third, let me point out that the re- this day in 1947, Jackie Robinson broke bered as one of great importance in gions have come to us to ask for clari- the color barrier to Major League Base- American history. fications or modifications of projects ball after years of segregation. I will yield the floor. within the area, not increasing the Jack Roosevelt Robinson was born in The PRESIDING OFFICER (Mrs. costs. I thank the Senator from South 1919 to a family of sharecroppers in MCCASKILL). The Senator from North Carolina for pointing out that this leg- Cairo, GA. Cairo, the home of the syrup Dakota is recognized. Mr. DORGAN. Madam President, if islation does not increase costs; in fact, makers, is a small town in south Geor- people are by any chance watching the it will save some money. I appreciate gia located about 35 miles from my proceedings of the Senate this after- him pointing that out. hometown of Moultrie. noon, they may wonder what on Earth So we are in agreement on all those As you can imagine, Jackie was very is happening or more likely what is not points. We are going to save money. It talented and did extremely well at happening. It has become customary, corrects mistakes that were made, and sports. At UCLA, Jackie became the when we try to do business in the Sen- it deals with regional priorities that first athlete to win varsity letters in ate in recent months, that we discover have been requested of us, consistent four sports—football, basketball, base- there is a filibuster that requires a clo- with prior authorizations of Congress. ball, and track. He was even named ture motion to be filed on almost any- I point out one project, and that is All-American in football. thing. On the Senate floor today, as I the maglev project. I do not want to Jackie enlisted in the U.S. Army in understand it, we are on a 30-hour debate the merits or demerits of the World War II, and following his dis- postcloture period on a motion to pro- maglev project because I do not think charge in 1944, he played the season in ceed to a technical corrections bill. that would be appropriate on a tech- the Negro Baseball League and a cou- nical corrections bill. But where the That is almost unbelievable to me. ple of years in minor league ball. It is not unusual. We have had 65 fili- Senator from South Carolina is incor- In 1947, following Jackie’s out- busters in this Congress. Why would rect is that this is a technical correc- standing performance in the minor someone require a cloture motion to be tion of prior actions of Congress. It leagues, Brooklyn Dodgers vice presi- filed in order to break a filibuster on a provides contract authority. That is dent Branch Rickey decided it was motion to proceed to a technical cor- what we intended to do in the time to integrate Major League Base- rections bill? The only conceivable rea- SAFETEA–LU Act. So this is not any- ball, which had not had an African- son to do that is to stop the Senate thing new in maglev. The areas that American player since 1889. When from doing anything. I guess those who are involved were the same areas that Jackie first donned a Brooklyn Dodg- have been doing this in the minority were previously identified. It does not ers uniform, he led the way to the inte- party have been pretty successful. expand the project and makes tech- gration of professional athletics in Today is tax day, April 15. One might nical corrections as far as contract au- America. ask, if we were not doing this—stand- thority. In his first year, he hit 12 home runs ing around and gnashing our teeth and What the Senator from South Caro- and helped the Dodgers win the Na- wiping our brow, wondering why we lina is debating is the merits of tional League pennant. That year, Rob- can’t move this—what would we be maglev, and this is the wrong bill on inson led the National League in stolen doing? If we didn’t have a minority which to debate that. By the Senator’s bases and was also selected Rookie of that insists on a motion to proceed, a own admission, this is a technical cor- the Year. Robinson succeeded in put- filibuster, a cloture motion and 30 rections bill, and we should just be ting racial conflict and prejudice aside hours postcloture, what would we be talking about whether the language is to show the world what a talented indi- doing? what was intended by Congress in its vidual he was. His success in the major We would probably be doing some previous actions, and clearly it was, to leagues opened the door for other Afri- worthwhile things. It is not that the make sure we do it right based on pre- can-American players. underlying bill is not worthwhile, it is. vious actions. Jackie Robinson himself became a It should be done quickly and easily. It I hope the Senator from South Caro- vocal champion for African-American is a technical corrections bill. But lina will heed his own advice; that is, athletes, civil rights and other social what, for example, could we do? let’s make the technical corrections and political causes. After baseball, I thought, because it is April 15, a bill deal with those types of issues. And Robinson became active in business day a lot of people recognize as a day of I am afraid his amendment would not. and continued working as an activist obligation to pay their taxes, I would As now explained to us, he wants to for social change. He was the first Afri- mention perhaps a few of the things we eliminate some of these projects, and can-American inducted into the base- could be doing on the floor of the Sen- that is not the purpose of a technical ball Hall of Fame and, in 1997, his num- ate if we had a bit of cooperation and corrections bill. I can understand Mem- ber was retired by Major League Base- if we could get the minority party to bers being concerned about that ap- ball. agree—and in every one of these cases, proach. I am proud of the work of the I can recall, as a small boy, being a certainly we could not. But let me de- committee. The committee did identify Brooklyn Dodgers fan. The main rea- scribe what we might do, just on the those—and it is relatively few when son was because my older brother was Tax Code. you consider how many authorizations a New York Yankees fan and the peren- The Government Accountability Of- are in the SAFETEA–LU Act—to clar- nial World Series game was between fice found that 59 of the 100 largest

VerDate Aug 31 2005 04:52 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S15AP8.REC S15AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 15, 2008 CONGRESSIONAL RECORD — SENATE S3001 publicly-traded Federal contractors— Do you know what the workers at loses money. Maybe, since it is tax day, that is companies that did work for the Huffy bicycle did the last day of work, we could shut down this tax scam, al- Federal Government in 2001—had es- as their plants were closed down? As though the President has threatened to tablished hundreds of subsidiaries lo- they pulled out of their parking spaces, veto legislation that shuts down these cated in offshore tax havens to avoid the workers left a pair of empty shoes kind of tax scams, for reasons I don’t paying taxes to the United States of where their car used to park. It was understand. America. They want all the benefits their poignant way to say: You can But we could try. We could decide, you can get from being a contractor for move our jobs to China, but you are you know, if working folks pay taxes, the Government, but they do not want not going to fill our shoes. This com- maybe everybody else can pay taxes. to pay taxes to this country. pany received a tax break for moving Perhaps we can pass a piece of legisla- I discovered this some long while jobs to China. tion that says those on Wall Street ago. It actually comes from an enter- Fruit of the Loom underwear—every- who are getting what is called carried prising reporter named Dave Evans body knows about Fruit of the Loom interest, some of the wealthiest people with Bloomberg News. I mention that underwear. You remember, they used in the United States, should pay a because it is important. He discovered to do commercials with the dancing higher income tax rate than 15 percent. that in this building in the Cayman Is- grapes. I don’t know who would dress Almost everybody pays a higher in- lands, a 5-story white building on up as a grape and dance, but I guess come tax rate than 15 percent, but Church Street, there are 12,748 corpora- they got paid to do that, so you have those who are making the biggest tions that call it home. They are not commercials of dancing grapes adver- there. It is their post office mailing ad- money on Wall Street in the form of tising Fruit of the Loom underwear. what is called carried interest, they are dress for the purpose of saying they are The problem is, there is no Fruit of the in the Cayman Islands to avoid paying laughing all the way to the bank. They Loom underwear made in America any- U.S. taxes. get a 15-percent tax rate. Perhaps we If we were not spending our time at more because they all went offshore to could change that. parade rest, or posing as potted plants be produced and the company got a tax Perhaps another thing we could do because the minority doesn’t want to break to do it. Why? Because this spe- this afternoon, if we were not forced to move ahead on anything, not even a cific company did that? No, because 30 hours of dead time, is we could deal motion to proceed on a technical cor- companies that shut down their Amer- with what the Internal Revenue Serv- rections bill, are there other things we ican manufacturing plants and move ice is doing by farming out tax collec- can do? We could solve this, couldn’t their jobs overseas get a tax break tions that need to be made—these are we? We could say: If you are going to from this country. It is the most per- people who owe taxes—to debt collec- run your income through a subsidiary nicious thing I have ever seen. I tried tion agencies in the private sector. in a tax-haven country to avoid your four times to correct it on the floor of This is going to be hard for anybody to obligation to the United States, maybe the Senate. I ask people to look up the believe or understand, but here is what you don’t need to contract with the votes and see who is standing up for they have done. This administration is Federal Government. Maybe you don’t American jobs and American workers. so anxious to privatize and farm out need to get the Federal Government’s Perhaps we could do that on tax day, everything, they have gone into the In- business. Or perhaps on tax day, we maybe fix that problem and say: At the ternal Revenue Service and said let’s might say we will close this tax loop- very least, let’s stop subsidizing, farm out these collections of taxes hole—just like that. If you are not through the Tax Code, the shipping of owed, so they have contracted with a doing substantive business in a tax- American jobs overseas. couple of companies. The problem is haven country, we will not recognize Here is another thing we could prob- that this privatization program lost $50 you as having gone to a tax-haven ably do if the minority weren’t requir- million in its first year and is expected country, and you will pay taxes as if ing cloture motions and engaging in 65 to lose more this year. you never left our country. filibusters, which take up dead time. I should point out for anybody The IRS’s private revenue collection If we were not seeing all these inter- target for the current fiscal year was minable delays, perhaps we would pass watching or listening, nothing can be done during this period. We are in a 30- $88 million. But they now project that legislation that I have offered pre- the program will collect only $23 mil- viously, and that is to say to American hour postcloture period on a motion to proceed—not even on the bill, on a mo- lion. After excluding commissions, on- companies: If you shut your manufac- going operational costs and capital in- turing plant, fire your workers and tion to proceed to a technical correc- tions bill. So this 30 hours is dead time, vestments, the IRS will still be $31 mil- move your operations overseas, you are lion in red this year. not going to get a tax break anymore. designed by the minority because they It is unbelievable. How can the Inter- Someone might say: Do they get a tax do not want us to do anything we prob- nal Revenue Service contract with a break for that? They sure do. Let me ably could do on this tax day. company that is going to lose money give an example. I assume that almost We have a Tax Code that allows al- collecting taxes? I have a piece of legis- everyone has ridden in a Radio Flyer most unbelievable tax breaks to some lation that says stop it. Maybe we Little Red Wagon. It was made for 110 companies. This happens to be a street- could work on that and pass that legis- years in Illinois, in Chicago, IL. Radio car in Germany owned by an American lation today—see if we could find some Flyer Little Red Wagon was created by company. Why? Because they are ex- deep reservoir of common sense. The an immigrant who came here and cre- perts in streetcars in Germany? No, be- National Taxpayer Advocate who ated a big business. cause they get big tax breaks when The thing is, after 110 years the they do this. works at the IRS has said: Had that Radio Flyer Little Red Wagons are not This is a sewer system in Germany. money been spent for collectors at the manufactured here. They are all gone. Wachovia Bank, a U.S. company, was IRS, they would have raised $1.4 bil- They are in China. Every Radio Flyer buying sewer systems in Germany. lion. Instead, they invested $71 million Little Red Wagon is now manufactured Think of that—do you think it is be- to use private collectors and returned in China. By the way, the company got cause they are experts in sewer sys- just $32 million in 2007. So they missed a tax break to move the jobs to China. tems? No. Do you think they wanted to it by about $1.368 billion. Isn’t that in- I have spoken often on the floor buy a sewer system and move it to credible? about Huffy bicycles—20 percent of the America? No, not at all. They want to Does anybody care? Apparently not. American bicycle market and made in buy sewer systems in Europe so they We are in 30 hours dead time on a mo- Ohio by workers who were earning $11 can avoid taxes in the United States, tion to proceed to a technical correc- an hour plus benefits. Not any more. because if you buy a sewer system from tions bill, guaranteeing nothing can be They all got fired in Ohio and all these a European city and you now own it, done on the floor of the Senate. jobs were moved to Shenzhen, China. you can actually depreciate it and then There are a couple of other things we Huffy bicycles are made by people who lease it back to the city and everybody might consider when we are thinking work 12 to 14 hours a day, 7 days a makes money—except the American what could we do this afternoon in this week, for 30 cents an hour. taxpayers and the Federal Government dead time.

VerDate Aug 31 2005 04:52 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S15AP8.REC S15AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3002 CONGRESSIONAL RECORD — SENATE April 15, 2008 This is a photograph of Mr. Efriam large major integrated oil companies day, in every way, a filibuster on the Diveroli. He is the chief executive offi- because they are making a massive floor of the Senate, even on motions to cer of a firm that received $300 million amount of profit. Then other people are proceed. That is the last thing this in U.S. Army contracts. He’s 22 years wondering: Do I have enough in my gas American public should expect from a old. His dad actually started a shell tank to be able to drive to work tomor- Congress that ought to come to work company back in the 1990s, and then he row? How am I going to do that? ready to go to work on issues that real- took it over. He said he was the only So while all of this is going on today, ly matter in peoples’ lives every single employee, except it lists a vice presi- the Federal Government is putting day. dent. The vice president is a massage 70,000 barrels of sweet, light crude oil I yield the floor. therapist. He is 25 years old. underground in the Strategic Reserve. The PRESIDING OFFICER. The Sen- So here we have a 22-year-old chief And they are going to do it every sin- ator from Vermont. executive officer and a 25-year-old mas- gle day all year long, 70,000 barrels a MIDDLE CLASS AMERICA sage therapist running a company in day, stuck underground. Mr. SANDERS. Madam President, I Miami. They got $300 million from the Now, the Strategic Reserve is a de- commend my friend from North Da- U.S. Department of Defense to provide cent idea. It is 97 percent filled. Why on kota. He is exactly right. The middle ammunition to the Afghan fighters. Earth would we, when oil has hit $113 a class in our country is in deep trouble. Let me describe where they are. They barrel, continue, through this Bush and Some would argue the middle class is are in this building. No, they do not Cheney administration, to put oil un- collapsing. And the people of our coun- own this building; they are in a little derground and thereby put upward try are looking to Washington, to us, part of this building with an unmarked pressure on gasoline prices and oil to get something done. What they are door. So you have a 22-year-old and a prices? It makes no sense at all. finding is a filibuster on a corrections 25-year-old massage therapist working So, perhaps, were the dead time not bill and inaction in every single area out of an unmarked office in Miami, required by the minority, we could that faces working people in our coun- FL; Miami Beach, FL, and they are work on that, or perhaps with respect try. supposed to, with $300 million, provide to the price of gasoline and oil, we A couple of weeks ago in Vermont we ammunition to the Afghan fighters on could work on increasing the margin held several town meetings on the behalf of the U.S. Defense Department. requirements for those who are specu- economy. I invited Vermonters to re- Here is a picture of the ammunition. lating in the futures markets. spond to our Web site about what the Some of it is ammunition from China The commodities futures market, es- collapse of the middle class means to from the 1960s. You can see what it pecially for oil, is an unbelievable car- them personally. I think it is one thing looks like. And the Afghan fighters nival of speculation. Do you know that for those of us to give a speech, to use were saying: Wait a second. What are when you buy stocks, there is a 50 per- huge numbers, to talk in an extrava- you sending us? Bullets that do not cent margin requirement. But if you gant way; it is another thing to hear fire? Now, I must say, the New York want to buy oil, God bless you, it is directly from people in terms of what Times deserves some real credit. Three only 5 to 7 percent. You want to con- is going on in their lives. What I promised that I would do, and people wrote this story. The New York trol 100,000 barrels of oil tomorrow, continue to do, is read some of these Times, I can tell from the story, they $7,000 will do that. That is the margin. very poignant e-mails I received, most- traveled around the world to get the So, as a result, you have unbelievable ly from Vermonters, some from other details. speculation in these markets driving parts of the country, where people are Now, we did not do it. We should up the price well above that which the simply saying: Look, this is what is have. We should have done it in some- fundamentals of oil supply and demand going on in my life today. I thought I thing called a Truman committee. The would justify. was in the middle class, but I no longer bipartisan Truman committee was cre- Perhaps we can do something about am. saying to the exchanges: There must be ated in the Second World War, run by So what I want to do is read a few of increased margin requirements to stop Harry Truman. By the way, it started the e-mails that I received, to put what with $15,000 and has saved the Amer- this speculation hurting our country. we are debating and discussing in a ican taxpayer $15 billion going after It is driving up the price of oil, driving very personal tone, in the real words of waste, fraud, and abuse in defense con- up the price of gasoline in a manner real Americans. This is the collapse of tracting. that is completely unjustified. Stop the the middle class as described by ordi- Three times we have voted on a Tru- speculation, stop putting 70,000 barrels nary people. man committee in the Congress, and of sweet light crude underground every We received an e-mail from an older three times it has been turned back by day. Maybe those would be two things couple in the State of Vermont. This is the minority. we could do when we are required to what they wrote. The woman writes: Now, I will come later and give a file cloture petitions to stop a fili- My husband and I are retired and 65. We longer presentation about defense con- buster on issues such as a motion to would like to have worked longer, but be- tracting and the most unbelievable proceed. cause of injuries caused at work and the waste, fraud, and abuse in the history I mean it is unbelievable to me that closing of our factory to go to Canada, we of this country. But we do not need we find ourselves in this position. chose to retire early. Now with oil prices the more than the picture of the president There is so much to do, and it is such way they are, we cannot afford to heat our of this company who got $300 million. important work. Yet here we find our- home unless my husband cuts and splits The question I started with today is, wood, which is a real hardship as he has had selves with the American people look- his back fused and should not be working What could we be doing in 30 hours of ing in on the Senate and wondering: most of the day to keep up with the wood. dead time, if the minority had not re- What on Earth are they doing? Not only that, he has to get up two to three quired that there be a cloture petition Well, what we are doing is what we times each night to keep the fire going. and had not effectively filibustered on are required to do by the rules when We also have a 2003 car that we only get to a motion to proceed to a bill that is one side decides it wants the Senate to drive to get groceries or go to the doctor or going to get overwhelming support? I stand at parade rest almost all the to visit my mother in the nursing home 3 do not understand it. time. miles away. It now costs us $80 a month to We have such big challenges in our go nowhere. We have 42,000 miles on a 5-year- Finally, we probably could do some- old car. I have Medicare but I cannot afford thing about the price of oil or gasoline country. I have mentioned energy. I prescription coverage unless I take my while we are on the Senate floor during have mentioned the fiscal policy. I money out of an annuity, which is supposed this dead time if we were not prevented have mentioned health care. We have to cover the house payments when my hus- by the minority, prevented by a Presi- such big challenges that ought to be band’s pension is gone. We also only eat two dent’s threatened veto pen. our agenda. This country deserves bet- meals a day to conserve. Oil and gas. Well, look, today is ter, and our agenda is, in my judgment, This is a 65-year-old couple in the Tuesday, and oil is at $113 a barrel. something on which the American peo- State of Vermont in the year 2008, and Some are going to the bank with a big ple expect us to make progress. They I suspect this story is being told all smile on their face, particularly the do not expect us to see every single over America.

VerDate Aug 31 2005 04:52 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S15AP8.REC S15AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 15, 2008 CONGRESSIONAL RECORD — SENATE S3003 Here is another story about a woman It is poignant. It is true. This is what Here are a few more e-mails. This who lives in our largest county, a younger person from Vermont writes: comes from a veteran from the State of Chittenden County. She writes: I am 23 years old. I have about $33K of edu- Vermont: First of all, I am a single mother of a 16- cation debt + $12K of credit card debt and The real killer is the price of heating fuel. year-old daughter. I own a condominium. I only make about $26K a year + benefits. I Up here in northern Vermont we need heat have worked at the hospital for 16 years and barely make enough to support myself and in the winter. With a Military Pension I make a very good salary, in the high $40,000 whenever unexpected expenses come up I end make too much to get any assistance. We got range. I own a 2005 Honda Civic. I filled up up having to use credit to cover them. I feel a 2.8% pension increase in January, and the my gas tank yesterday, and it cost me al- like I will never catch up and now every- price of heating fuel has increased by about most $43. That was at $3.22 a gallon. If prices thing is getting even more expensive; it 50%. We have to cut back on food in order to stay at that level, it will cost me $160 per seems hopeless. Meanwhile I listen to the stay warm. Thank you. news and how the rich are getting richer and month to fill up my gas tank. A year ago, it it is making me hate this country. I am not Somebody trying to live on a mili- would cost me approximately $80 per month. an economics expert but I know that things tary pension that goes up 2.8 percent, I now have to decide what errands I really could be done differently to help people like need to run and what things I can do over the price of home heating fuel soars, me who work hard and get little in return in- the phone or the Internet. not making it. stead of rewarding those who have the abil- This is another short e-mail we re- But the other issue is, if I use my cell ity to use their money to make more money. phone too much during the month, my bill ceived: We heard Senator DORGAN talk about will increase and that will cost me more The company I work for has just an- money. I feel as though I am between a rock huge tax breaks that go to some of the nounced a ‘‘raise freeze’’ which means not and a hard place no matter how hard I try to wealthiest people, people who don’t pay even a cost of living increase can be expected adjust my budget for the month. I am watch- their taxes because they move to the this year . . . this will be tough for us, as we ing my purchases in the grocery store and Cayman Islands and set up phony front were counting on at least a cost of living in- department stores more closely because of offices. This writer, who may not have crease in a year where the cost of living has increased prices. a PhD. in economics, hit it right on the surely increased, be it groceries, fuel, wood, I am not sure that can I afford to take a head. This young man and these old gasoline, etc! summer vacation this year. I usually take a day off during my daughter’s spring vacation people are the people we should start Let me finish by reading an e-mail so we can go shopping in New Hampshire worrying about, not the wealthiest from another young Vermonter: somewhere. I have already cancelled those people who are having it very good. As a graduating law student I am particu- plans for this year. Let me talk briefly about a woman. larly concerned with the potential reduction I am hoping that I can take a few days off This is another piece of reality. She of jobs available to me. I am leaving school this summer to go to Maine. We will see how writes: with a great amount of debt in student loans the gas prices are this summer, but I hear it As a couple with one child, earning about and credit cards and entering the uncertain is going to get worse. Not much hope for $55000/year, we have been able to eat out a job market. someone on a tight budget. bit, buy groceries and health insurance, con- I currently pay a tremendous amount of Here we have somebody who asks tribute to our retirement funds and live a money in rent. I would like to work in pov- nothing more than to be able to take a relatively comfortable life financially. We’ve erty law but those jobs only pay about 36,000 so it is unlikely going to happen. few days off with her daughter to go never accumulated a lot of savings, but our bills were always paid on time and we never shopping. Somebody who works very Here is an example of a young man had any interest on our credit card. who goes to law school, wants to work hard cannot even do that because the Over the last year, even though we’ve price of gas is soaring. tightened our belts (not eating out much, in poverty law, but because his debts Here is another e-mail that comes watching purchases at the grocery store, not are so high and the interest rate on from a woman living in a small town in buying ‘‘extras’’ like a new TV, repairing the that debt is so high, he no longer has a Vermont. This is what she writes: washer instead of buying a new one . . . ), choice of careers. This is happening to and we find ourselves with over $7000 of cred- young people all over the country. Yesterday I paid for our latest home heat- it card debt and trying to figure out how to ing fuel delivery, $1,100. I also paid my $2,000 The middle class in America is col- pay for braces for our son! lapsing. Poverty is increasing. The gap plus credit card balance much of which I work 50 hours per week to help earn extra bought gas and groceries for the month. My money to catch up, but that also takes a toll between the very wealthy and every- husband and I are very nervous about what on the family life—not spending those 10 body else is growing wider. Today we will happen to us when we are old. hours at home with my husband and son have by far the most unequal distribu- Although we have three jobs between us, makes a big difference for all of us. My hus- tion of wealth and income of any major and participate in a 403(B) retirement plan, band hasn’t had a raise in 3 years, and his country on Earth. We are the only we have not saved enough for a realistic employer is looking to cut out any extra post-work life if we survive to our life ex- major country on this planet without a benefits they can to lower their expenses, national health care program. The cost pectancy. As we approach the traditional re- which will increase ours! of college education is very high, while tirement age, we are slowly paying off our Here is a woman who has to work daughter’s college tuition loan and trying to the oil companies make huge profits. longer hours in order to try to catch keep our heads above water. We have always Our people cannot afford to fill up their lived frugally. We buy used cars and store- up, and she can’t spend time with her gas tanks. husband and son, which is what her life brand groceries, recycle everything, walk or As Senator DORGAN said, the time is is about. How many millions of people carpool when possible, and plastic our win- long overdue for this Congress to start dows each fall. Even so, if and when our son are in the same boat? focusing on the real issues facing ordi- decides to attend college, we will be in deep What is not usually talked about on debt at age 65. P.S. Please do not use my the floor of the Senate is the fact that nary Americans. The time is now for us name. I live in a small town and this is so here in the United States, our people to develop the courage to stand up to embarrassing. work longer hours than do the people the big money interests, the 35,000 lob- Well, it is not embarrassing. That is of any other industrialized country. byists who surround us every day, the the story being told from one end of Not talked about terribly often is that big campaign contributors who want this country to the other. People who to make ends meet now, in the vast benefits for the wealthy and the power- thought that after working their entire majority of middle-class life, you need ful. We have an obligation to stand up lives, they would be able to retire with both the husband and the wife working for the middle class. I hope we can a little bit of security and a little bit of long hours. Despite those two incomes, begin doing that as soon as possible. dignity are now wondering, in fact, if people have less disposable income I yield the floor. they will be able to survive at all. today than 30 years ago in a one-in- The PRESIDING OFFICER. The Sen- After working your whole life and come family. But when you talk about ator from Iowa. being frugal, you should not have to re- the collapse of the middle class, one of TAX FILING DAY tire in debt dependent upon a credit the manifestations of much of it is that Mr. GRASSLEY. Madam President, card. people have to claw and scratch and my colleagues on this side of the aisle The e-mails we receive from people work so hard that their family lives de- have spoken today about tax issues be- who are young, middle age and old, teriorate. In this case, a woman cannot cause today is the day for filing income each in its own way is a work of poetry even spend the time she would like tax. I think it is appropriate that we because it comes from people’s hearts. with her son and husband. remind each other about a lot of tax

VerDate Aug 31 2005 04:52 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S15AP8.REC S15AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3004 CONGRESSIONAL RECORD — SENATE April 15, 2008 issues that are very important that we history of the country will happen We are really not generating a lot of have to decide this year, next year, and without a vote of the people, we can do controversy and debate, are we, about the following, or we are going to have something about it. We ought to do this bill? Two or three little amend- the biggest tax increase in the history something about it. Stopping these tax ments we could take care of in a mat- of the country. We are taking the op- increases ought to be a major goal. ter of an hour, that is about it. But portunity on April 15 to talk about Maybe taxes should not be lowered. No- what has happened is that the Repub- those. body is talking about lowering taxes. lican minority is trying to stop the When I was chairman of the Senate But we ought to keep the present level majority party—the Democratic Finance Committee, I worked to get of taxation, because it has been good Party—from considering and passing through a narrowly divided Senate the for the economy. It has been good for important legislation. biggest tax cut in a generation. We re- the taxpayers, because we do not see a In the history of the U.S. Senate— duced income tax rates for individual revolt going on by taxpayers as we this grand body, this deliberative taxpayers. We created the first ever 10- have seen in recent years in the Con- body—in the history of this institu- percent bracket for lower income gress. tion, the record number of filibusters workers so they didn’t have to pay as I yield the floor. in any 2-year period of time was 57, much tax as they would at the 15-per- The PRESIDING OFFICER. The as- until the Republican minority decided cent bracket on their first dollars sistant majority leader. to take on this strategy. So far, last earned. We reduced the marriage pen- Mr. DURBIN. What business is pend- year and the first few months of this alty because we don’t think one ought ing before the Senate? year, there have been 65 Republican to pay more taxes because they are The PRESIDING OFFICER. The Sen- filibusters this Congress, and still married. We created a deduction for ate is under cloture on the motion to counting. They have broken a record. college tuition. We also passed a deduc- proceed to H.R. 1195, surface transpor- Who cares? Well, I think a lot of people tion for schoolteachers buying supplies tation technical corrections. should care. for their classrooms. I could go on with Mr. DURBIN. Madam President, We heard the Senator from Vermont a lot of other provisions in those tax under cloture, what it means of course a few minutes ago. He talked about his bills, but they have all had good eco- is we are doing nothing—good speeches genuine concern about working people nomic consequences. We ought to con- on important topics, but we are not in his State. He talked about the im- sider that they should not sunset. considering legislation. We are not de- pact of this economy on average work- Now I and others are at work to bating a bill. We are killing time, ing families. He talked about the im- make sure this tax relief is extended. If which turns out to be the major occu- pact of gasoline prices, $3.50 a gallon it is allowed to expire, Americans will pation of the Senate for the last year and higher. He talked about the impact be hit with the biggest tax increase in and a half. Why? Because the minority of food costs going up on families all history. That is one thing. But it is party, the Republican Party, has a across America, the cost of health in- quite another thing that this is going strategy. It is a strategy of using fili- surance, the cost of college education, to happen without a vote of Congress. busters to slow down or stop any bill the cost of daycare for kids. He talked In other words, on that magic date of from passing in the Senate. Today we about the fact that the majority of sunset, we go back to levels of taxation are seeing that strategy in the ex- families have not seen an increase in as they were before January 1, 2001, and treme. real income over the last 7 years of this we automatically, without a vote of The bill pending before the Senate is administration. He feels, as I do, that Congress, end up with the biggest tax H.R. 1195. In the annals of legislative this Senate should be dealing with that issue. What is keeping us from doing increase in the history of the country. history in the Senate, this will not go People say: Well, we are going to con- down as a great piece of legislation. so? The filibusters from the Republican tinue existing tax law. They need to be This is not a bill that was worked on side of the aisle: 65 and still counting, intellectually honest and tell people for years by Senators and their staffs, a record number of filibusters. So Senator MCCONNELL, who is the that when they are doing that, they are conceived with grand ideas to change Republican minority leader in the Sen- going to allow the biggest tax increase this great country. This is a bill which ate, was asked a question at a press in the history of the country. by and large changes punctuation in conference today. The reporter said to We can intervene. We need to inter- the Federal highway bill, a bill we Senator MCCONNELL about his Repub- vene. It is my goal to intervene. The passed several years ago. Then when we lican caucus: last thing families need, the last thing carefully read it afterwards, we said: small businesses need, the last thing We got some of this wrong. This should Are you and the caucus prepared now to start slowing down work on the floor and investors need is a tax increase. But not have been ‘‘trail.’’ It should have legislation in response? read ‘‘road.’’ This section you referred that is what will happen this year and He answers: in 2010, if Congress doesn’t act. to wasn’t exactly accurate. It is an- Last week the Senate demonstrated other section. Well, we are on the highway technical cor- rections bill. It is open for amendments. We support for extending current law tax So we created a technical corrections were discussing various amendments at our relief without offsets, when it voted on bill, a bill that cleaned up the Federal lunch earlier and I assume amendments are energy tax incentives, things that are highway bill. This technical correc- going to be offered and dealt with. meant to make the United States more tions bill is now being filibustered by That was his answer, and unfortu- energy efficient and less dependent the Republican side of the aisle. They nately it is wrong. We are not consid- upon foreign sources of energy. That want to stop us from voting on a tech- ering amendments to this bill because same approach demonstrated last nical corrections bill. They want to we are still under cloture on the mo- week, extending current tax law relief delay our consideration of even this tion to proceed that doesn’t expire without offsets, should rightfully apply housekeeping bill. You ask yourself until 11:30 p.m. tonight. to other expiring tax provisions, in- why. Frankly, because they don’t want So if Senator MCCONNELL really cluding the research and development us to take up legislation of even great- wants us to consider amendments to tax credit and the individual tax provi- er importance. This is an important this bill and get it finished, he needs to sions I have already mentioned. I will bill. Don’t get me wrong. By cleaning walk out on the floor and agree to a be working hard to see that that does up the old Federal highway bill, we can unanimous consent to move to this bill happen so taxpayers don’t get hit with move forward on highway projects. We immediately and consider it. Then his even higher taxes. I learned a long time can spend a billion dollars creating statement to the press this afternoon ago that you can’t raise taxes high good-paying jobs right here in the will be accurate. But until he does, it is enough to satisfy the appetite of Con- United States, 4 to 500 different not accurate. We are stuck, stuck on gress to spend money. projects across our country, 40,000 new cloture, stuck, as we have been time Stopping the tax increases that peo- jobs. That is good. But these were all and again by this Republican minority. ple say we are not voting for, we are destined to occur. We are just making I, for one, believe they have pushed it only allowing present law, which sure the language is clear enough to to the extreme—a filibuster on a tech- means the biggest tax increase in the move forward. nical corrections bill.

VerDate Aug 31 2005 04:52 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S15AP8.REC S15AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 15, 2008 CONGRESSIONAL RECORD — SENATE S3005 Can you think of anything else, clean up a Federal highway bill of sev- people who live in all of those homes, Madam President, we might be consid- eral years ago, that is being filibus- those homes that Wall Street people ering? Well, how about the policy on tered by the Republican side of the were betting against in some sense, the war in Iraq, a war that claimed 2 aisle. This is shameful. It is such a 2007 was a very tough year. The home American lives yesterday, a war that waste of time in this great institution, ownership rate has actually fallen over has taken over 4,025 of our best and but it is a specifically designed strat- the past 6 years, both nationally by a bravest, that has injured more than egy by the Republicans to slow down slight amount and close to 2 percent in 30,000, that has cost this country over the business of the Senate and to stop the Midwest. What is extraordinary $700 billion, that continues to cost us us from considering critically impor- about this fact is that it came during a $10 billion to $15 billion a month; a war tant legislation for America. period of the lowest interest rates since that claims the lives of our soldiers, I would say to Senator MCCONNELL, the Eisenhower administration. With ruins the morale of many troops who who said that we are on the highway the economy expanding, with interest refuse to reenlist; a war that has technical corrections bill and it is open rates at record lows, home ownership stretched our military to a breaking for amendments, it will be open for should have expanded. Instead, it point. Is that worth a few minutes of amendments when Senator MCCONNELL shrunk. debate here on the floor of the Senate, comes to the floor and gives us his con- The reason is another trend that has the policy of this country toward the sent to stop the filibuster and to give received too little notice by the Na- war in Iraq? us a chance to pass this bill, as we tion’s newspapers and the Nation’s How about the war in Afghanistan? A should have last week, and move on to media: economic growth, simply put, war that was designed to go after those more important legislation—legisla- has not benefited most Americans. In- responsible for 9/11, to capture Osama tion the American people ask us to stead, income and wealth are more and more flowing to the most affluent in bin Laden; a war which is stalled be- consider. Sixty-five Republican filibus- our country. The middle class, mean- cause we have dedicated so many re- ters this Congress and still counting. while, must work harder and longer to sources to Iraq; a war which we must The Grand Old Party, the Republican try to maintain its standard of living. win so that al-Qaida and the Taliban do Party, the GOP now has a new name. It Real wages have been in decline for the not resume their control over this poor is no longer the GOP, Grand Old Party. past several years. The only way a lot country; a war which sadly has not re- From the Republicans in the Senate, of families have kept up is, first, the sulted in the capture of Osama bin we have learned that it is the Grave- entry of more women into the work- Laden more than 6 years after the ter- yard of Progress. That is their idea of place—women in greater numbers; sec- rible tragedies of 9/11. Is that worth a their role in the Senate. Any proposal ond, workers in this country working few hours on the floor, maybe a resolu- for change, any proposal for progress, longer and longer hours, overtime if tion, maybe a discussion about policy? they want to kill. This graveyard is they can get it, two jobs, sometimes I think it is, but we can’t get to it be- going to speak back to them in Novem- even three jobs; and third, the only cause Republican filibusters are stop- ber. way families have kept up is by taking ping us. I think the American people have had on more and more debt. The third Maybe we should spend a few mo- it with the obstructionism, the slow- strategy can be a recipe for disaster; ments talking about our dependence on downs, and the obstacles we are seeing sooner or later, the bills come due. You foreign oil and what we can do to bring here in Washington. The voters get can’t borrow your way very long to a down gasoline prices across America; their chance in November. I hope they decent standard of living. how we can work on a bipartisan basis will join us. I hope they will send more to find renewable, sustainable sources Economic security begins with eco- Senators to Washington who are pre- nomic opportunity. That means good- of energy that fuel our economy with- pared to not only debate but vote for paying jobs. It means the kind of train- out killing our environment. Is that change, Senators who are willing to ing that enables workers to diversify worth a little debate here on the floor say: Put an end to these mind-numbing their skills and take on new chal- of the Senate? Most Americans think it filibusters and get down to work. Roll lenges. It means high-quality primary, is an important issue but, sadly, we are up your sleeves and do something to secondary, and, yes, higher education. stuck with a Republican filibuster make life better for working families. Our Nation is the wealthiest in the again. Maybe we could spend some Do something about this energy crisis. world. Overall economic growth has time bringing the bill out of the Com- Make this planet a safer place for our been strong. Working families should mittee on the Environment, the cap kids to live on. Be responsible when it be thriving. By and large, they are not. and trade bill, a bipartisan bill by Sen- comes to spending, and start bringing Working families are struggling to find ator WARNER, a Republican of Virginia, the American soldiers home. That is and maintain good-paying jobs to keep Senator LIEBERMAN, an independent what we should be doing. Instead, we their health benefits, to keep their pen- Democrat of Connecticut. Maybe we are stuck in another Republican fili- sion benefits if they have them, and could bring that to the floor and talk buster. those benefits, those health and pen- about a way to clean up this world’s I yield the floor. sion benefits, are being scaled back. It environment so our kids have a fight- The PRESIDING OFFICER. The Sen- costs more and more, as people pain- ing chance to have a planet they can ator from Ohio is recognized. fully know every day, to fill the gas live on, so that we can devise with Mr. BROWN. Madam President, tank. People are borrowing in record American ingenuity a system using our today is tax day. People all across amounts just to cover day-to-day costs. free market to make this a cleaner America are heading to the post office So many Ohioans from Galion to Gal- planet. Is that worth a few hours of de- to get that all-important ‘‘April 15’’ lipolis are struggling. bate on the floor? postmark. OK, not everybody waits The Center for American Progress Debate on the Children’s Health In- until the last minute, but there are looked at some key statistics over the surance Program that the President enough procrastinators among us that past 5 years and found that the average has vetoed not once but twice, a pro- this is sort of a rite of spring. The first job growth is one-fifth the rate of pre- gram to extend health insurance cov- week in Washington brings the cherry vious business cycles. The average job erage to some children in America who blossoms. The 15th of the month brings growth is one-fifth—20 percent—the are not poor enough to qualify for Med- long lines near midnight in front of the rate of previous business cycles. Wages icaid and not lucky enough to have main post office just a few blocks from have been flat. Only 28 percent of mid- parents with health insurance, is that the floor of the Senate. dle-class families have the financial re- worth a few hours of debate on the For some taxpayers, 2007 was a very sources to sustain themselves through floor? I think it is. good year. Huge fortunes were made on a period of unemployment. The average Those issues and so many others are Wall Street by people who correctly family took on debt equal to 126 per- the ones the American people expect us bet against the housing market, and cent of disposable income just to man- to be talking about right here in Wash- some of those of the very wealthiest age its day-to-day expenses. ington. But instead we have a bill, with people were given huge tax breaks that Having witnessed the weakest eco- grammar and punctuation, trying to the middle class never saw. But for the nomic expansion in modern history—in

VerDate Aug 31 2005 04:52 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S15AP8.REC S15AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3006 CONGRESSIONAL RECORD — SENATE April 15, 2008 other words, the growth in our econ- cases, are falling apart. If my col- engineers and laborers and all kinds of omy, the expansion in our economy leagues don’t like a project, they can workers that are paid decent wages. It was weaker than the expansion of the make their case and offer an amend- is a stimulus, as the Senator says. It economy at any time in recent his- ment instead of the obstructionism, in- injects money into our economy imme- tory—we now find ourselves in a reces- stead of blocking these issues, instead diately. These are ready-to-go projects. sion once again. So we didn’t have very of their 65 filibusters. We need to fund them so we can work strong growth when things were sup- The American people are tired of this immediately to create these jobs, posedly good—when profits were up, kind of delay. Their taxes should pay which will spin off and create other when there was economic growth—but for a government that will work on jobs. it wasn’t spread around very well. Now their behalf, rather than only on behalf But it is the same old story. We have we find ourselves in a recession once of the wealthiest and most powerful had 65 filibusters from Republicans to again. We have had three straight people in this country. stop us from moving forward on every- months of job losses. Consumer con- We cannot continue down a path that thing from health care, to education, fidence in Lima and in Zanesville and undermines the middle class. We can- to ending the war in Iraq, to jobs pro- all over my State is understandably not just hope for real economic recov- grams such as this. This is the best shaken. ery. You simply cannot get there from kind of jobs and economic development Our Nation cannot afford to take here. program. Not only will it create jobs these statistics in stride, just hoping Mrs. BOXER. Will the Senator yield immediately, but it makes it much that the precarious financial position to me for a question? easier for economic development and of working families is a temporary phe- Mr. BROWN. Yes. for people to bring new business into nomenon linked to the ebbs and flows Mrs. BOXER. I thank my friend for communities because the infrastruc- of our economy, because it is not. Our that, because this bill before us is a job ture is more modern. economy as a whole is losing ground. producer. There is tremendous support Mrs. BOXER. I want to ask some- As our trade deficit skyrockets, energy for it. I wanted to make sure my friend thing else. The Senator is not on the and health care costs spiral upward, was aware—because I have to ask him committee of jurisdiction, but I know good-paying jobs are too often shipped a question—of the support we have. he is interested to hear this. We cor- overseas, and our Federal deficit The thing is, when you unleash a bil- rect a real problem in this bill. The or- climbs higher and higher and higher. lion dollars for 500 projects, which have ganization that does the evaluation of Yet, when Congress tries to address been tied up for technical reasons, it is our Nation’s bridges, highways, and all any of these problems, we find our- going to create jobs. I ask my friend if of our byways, has run out of funds. selves faced with filibusters, one after he was aware of the broad support we The funds they had have been oversub- another after another, as well as veto have. I will read the list of organiza- scribed. What we do, without adding threats. When we tried to react to the tions supporting this technical correc- any new funds, is enable them to get Housing crisis last fall, Republicans ob- tions bill, which will free up some 500 funding and to continue their work, as jected. When we tried to tackle the highway projects: American Associa- we get ready for the next highway bill, topic in February, the Republicans ob- tion of Highway and Transportation which is coming to us next year. I wanted to make sure my friend was jected and we faced a filibuster. Even Officials, which is the departments of aware that, as we get ready for the new today, the President threatens to veto transportation for all 50 States; Amer- highway bill, we need to know the con- the bill passed by the Senate. Sixty- ican Highway Users Alliance; American dition of our highways. We have seen five filibusters, as Senator DURBIN and Public Transit Association, which is collapsing bridges. That is another rea- others have said, 65 filibusters—more the transit systems; American Road son it is so important. I am very hope- filibusters already in the year and 3 and Transportation Builders Associa- tion, which is more than 5,000 members ful that by this evening we are going to months this Senate has been in session see some relenting. I have been on the than in any 2-year period in the history of the transportation construction in- dustry; Associated General Contrac- floor since Monday morning. I don’t of the U.S. Senate. Sixty-five filibus- mind that, but it is wasting time, truth ters. It means we haven’t been able to tors, which is more than 32,000 contrac- tors, service providers, and suppliers; be known. We can have a few amend- do what we ought to do in education, ments and we can wrap this up. My col- Council of University Transportation on health care, on infrastructure, and, leagues can go back home and say we Centers, which is more than 30 univer- most importantly, on the war in Iraq. have done something. Today, as an example, we are simply sity transportation centers from across I want to specifically know if my col- trying to pass a technical corrections the country; National Stone, Sand and league was aware of this particular ac- bill to a highway bill. Yet our Repub- Gravel Association, the companies pro- count that funds the investigation of lican colleagues are filibustering and ducing more than 92 percent of crushed the state of our infrastructure—that slow walking the legislation once stone and 75 percent of the sand and they have run out of money, and that again. Sixty-five filibusters. gravel used in the United States annu- we fix that in this bill? We spend $3 billion a week in Iraq, ally; National Asphalt and Pavement Mr. BROWN. I thank the Senator for with no questions asked. Halliburton Association, which is more than 1,100 this information and for all she is can rob us blind, but we avert our gaze. companies that produce and pave with doing. But to try to build a road, a bridge, or asphalt. I yield the floor. some other public works in the United The point is, when we do this work, The PRESIDING OFFICER (Mr. States, and you will meet with filibus- in many ways we are creating a bit of SALAZAR). The Senator from Florida is ters, delays, and obstructionism by the a stimulus. These are the companies recognized. Republicans. In other words, taxpayers and the workers who are suffering PAPAL VISIT are paying $3 billion and building hun- right now because of the economic Mr. MARTINEZ. Mr. President, I am dreds of water systems in Iraq—spend- downturn. Before my friend leaves, I delighted that the Senator from Colo- ing that money with Halliburton and wanted to thank him and also ask him rado is in the chair. Bechtel—and the money goes to these if he was aware of the strong support I will begin by simply extending a contractors instead of that money for this bill. word of welcome to the Holy Father, coming back to local businesses and Mr. BROWN. Yes, there is strong sup- who, a few minutes ago, landed in our building water and sewer systems in port. I appreciate the comments of the country for his historic visit. I feel tre- Defiance, Findlay, Bryan, Napoleon, Senator from California. There is mendously honored that I will have the and Perrysburg, OH—places that are strong support for this bill, but not opportunity to see his arrival cere- being squeezed and are not able to af- just in those groups. I had in my office mony at the White House tomorrow ford the reconstruction of the water building trades people from Mansfield, and, of course, then to be with him and sewer systems they need. Lima, Cleveland, Dayton, and Colum- and, I presume, with the President as We should be doing a lot more con- bus. They were talking about the kinds we celebrate Mass with him at Nation- struction and a lot less obstruction. of jobs—good-paying jobs—in our State als Park. It is a momentous and his- Our roads and bridges, in too many on road crews, such as the operating toric occasion.

VerDate Aug 31 2005 04:52 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S15AP8.REC S15AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE April 15, 2008 CONGRESSIONAL RECORD — SENATE S3007 I know I speak for many of us as I the Americas’’ in Miami—was respon- Colombians. It is also a remarkable achieve- say the Holy Father is welcome to the sible for $2.1 billion in exports to Co- ment of bipartisan U.S. foreign policy. Vio- United States. We are delighted he is lombia in 2007, the second largest ex- lence has fallen to its lowest level in a gen- eration, and 45,000 fighters have been de- here. We hope his message of spiritual port total in the Nation. mobilized as the country’s narco-guerrilla renewal, hope, and peace is one that The free trade agreement would ben- groups have lost legitimacy. While drug-traf- will resonate with the American peo- efit the more than 28,500 companies in ficking poses a continuing threat, Colom- ple. my State that provided products in bia’s leaders have eliminated two-thirds of COLOMBIAN FREE TRADE AGREEMENT areas such as computers and elec- its opium production, and more than 500 Mr. President, the Colombian free tronics, machinery manufacturing, and traffickers have been extradited during the trade agreement is of great importance transportation equipment. Uribe administration—by far the most extra- The trade agreement makes sense ditions from any country to the United to me personally. It is something that States. I believe requires the attention of this economically, but also from a national Colombia’s economic resurgence has been a Congress, and it is something whose security standpoint, it strengthens our critical factor in its recent progress, Robust time has come for us to act and make relationship with a key Latin Amer- investment has boosted economic growth a determination. ican ally and demonstrates our com- and development. The creation of new jobs There has been a great deal of atten- mitment to supporting nations who has provided tens of thousands of Colom- tion focused on the future prospects of choose their leaders through free and bians with long-term alternatives to nar- cotic trafficking or illegal emigration. this trade agreement with Colombia. fair democratic elections and who sup- The US.-Columbia Trade Promotion Agree- The core question is whether we think port the rule of law. ment will build upon these recent advances people in the United States should be In fact, the U.S. Southern Command, to enhance the long-term prospects for able to effectively compete in Colom- which oversees our forces in Central peace, stability, and development in Colom- bia. What is at stake is whether we and South America, sees the Colom- bia. Providing new incentives for investment want to create jobs here in the United bian free trade agreement as a critical and job creation, this landmark accord will component of our Nation’s Latin Amer- help ensure that Colombia stays on the path States, create additional wealth in the of economic openness, the rule of law, and United States, and export more goods ican policy. transparency. and services to Colombia. A few days ago, I saw Admiral It is in our national interest to help Co- The fact is that a free trade agree- Stavridis, head of the Southern Com- lombia progress along the road toward demo- ment with Colombia benefits all of the mand, who was testifying before the cratic consolidation and economic develop- stakeholders involved. It is good for Senate Armed Services Committee. I ment. This trade agreement will advance the United States, it is good for Colom- asked Admiral Stavridis whether he U.S. security and economic interests by forg- ing a deeper partnership. bia, but it also is good for the Western felt the Colombian free trade agree- Finally, approving this agreement will Hemisphere. ment was an important component of meet our duty to stand shoulder-to-shoulder The United States would reap imme- our overall policy for the region and with Colombians as they have stood by the diate benefits of a free trade agreement whether it would add to our ability to United States as friends and allies. For all of with Colombia in our level of exports— increase U.S. influence and security in these reasons, we strongly urge Congress to one of the strongest and more positive the area. He wholeheartedly agreed. approve the U.S.-Colombia Trade Promotion areas of our economy today. Recently, a group of SouthCom mili- Agreement. I know the Senator from Ohio was Sincerely, tary leaders, including GEN Peter GENERAL JAMES T. HILL, just speaking about the economic hard Pace, expressed their support of the Commander in Chief, times in our country. I know and re- agreement in an open letter to Con- United States South- spect him greatly. I am not sure he gress. ern Command 2002– agrees this is a good agreement for us These officials know of the diplo- 2004. to sign. But what better way is there of matic opportunities this trade agree- GENERAL BARRY improving economic circumstances ment represents, especially given their MCCAFFREY, than to export and sell more of our unique perspective on the current cli- Commander in Chief, goods to a country that wants to be our U.S. Southern Com- mate in Central and South America. mand 1994–1996. friend and our partner. In their letter, they affirm that pass- GENERAL PETER PACE, By leveling the playing field and ing this agreement ‘‘will build upon Commander in Chief, eliminating the tariffs on products we [Colombia’s] recent advances to en- U.S. Southern Com- export to Colombia, this agreement hance the long-term prospects for mand 2000–2001. would benefit those responsible for the peace, stability, and development in GENERAL CHARLES E. $8.6 billion in merchandise the United Colombia.’’ WILHELM, States exported to Colombia last year. They also argue that it is in our ‘‘na- Commander in Chief, U.S. Southern Com- Currently, more than 9,000 United tional interest to help Colombia along States companies export products to mand 1997–2000. the road toward democratic consolida- GENERAL GEORGE Colombia. Of those, 8,000 are small and tion and economic development.’’ JOULWAN, medium-sized firms. In the absence of a Mr. President, I ask unanimous con- Commander in Chief, free trade agreement, these firms must sent to have this letter printed in the U.S. Southern Com- pay up to 35 percent when sending their RECORD. mand 1990–1993. goods to Colombia. On the other side of There being no objection, the mate- Mr. MARTINEZ. Mr. President, Co- the equation, more than 90 percent of rial was ordered to be printed in the lombia remains one of our strongest al- imports from Colombia coming into RECORD, as follows: lies within the region. It is the stra- the United States arrive here duty free. OPEN LETTER TO CONGRESS FROM FORMER tegic center of Latin America, of all of This agreement will immediately COMMANDERS OF THE U.S. SOUTHERN COM- the Andean countries. Geographically, eliminate tariffs on more than 80 per- MAND SUPPORTING THE U.S.-COLOMBIA it is in a precise and important spot in cent of American exports of industrial TRADE PROMOTION AGREEMENT the region. It is a country of 40 million and consumer goods, and then reaching We are writing to urge your support for the people. It is a very significant country. up to 100 percent over time. U.S.-Colombia Trade Promotion Agreement. Fostering this important relation- This is an agreement that will bring This vital agreement will advance U.S. inter- ship holds strategic importance to ad- more business to American firms, and ests in Colombia, a strategically located vancing our security and economic in- it will bring higher demand for prod- country that is arguably our closest ally in terests in South America and also with ucts from farmers in Louisiana, ma- Latin America. It will also underscore our the Colombian Government. Colom- chinery manufacturing workers in Ala- deep commitment to stability and growth in bia’s Congress voted twice in favor of the strategically important Andean region, bama, transportation equipment pro- which depends on Colombia’s continued passing this trade agreement. viders in Illinois, and electronics mak- progress as a resilient and democratic soci- It would honor the commitment we ers in California. ety. made when signing the agreement last My own State of Florida—home to Colombia’s transformation over the past year and would provide greater sta- what we think of as the ‘‘gateway to decade is a triumph of brave and principled bility and security to the Colombian

VerDate Aug 31 2005 04:52 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S15AP8.REC S15AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3008 CONGRESSIONAL RECORD — SENATE April 15, 2008 people as their quality of life continues dent and I so often yearn for in this tion that supports a brand of terrorism to improve. I know some critics of the Congress started under President Clin- much like al-Qaida. trade agreement point to some of the ton with support from the Republicans, FARC’s greatest enemy is stability, violence against labor organizers that continued under President Bush with the same sort of political and economic has occurred over the years as the rea- support from Democrats. stability provided by trade agreements son not to ratify. We had Plan Colombia. This has been such as these. In doing so, I believe they fail to rec- a way of helping the Colombian Gov- They oppose the democratically ognize the progress that has occurred ernment and the Colombian people to elected Government, and they would in Colombia in recent years. Colombia continue to strengthen their democ- love nothing more than to return Co- has had a violent history. I can recall racy. President Uribe was elected to of- lombia to the days of corruption, in younger days when I used to travel fice with over 60 percent of the Colom- chaos, murder, and mayhem. It would to Colombia frequently. It was not only bian vote, and he is a democratically be unwise to abandon this vital alli- a beautiful and wonderful country, but elected leader who is fighting an insur- ance in the face of a difficult time for you were perfectly free to go through- gent group that seeks to destroy his them. out the country. Over the years, the vi- Government and democracy in Colom- A trade agreement with the United olence brought upon the people of Co- bia by means of violence. States would deal a blow to those at- lombia by FARC, or the Revolutionary When we stand with President Uribe, tempting to hinder Colombia’s growth, Armed Forces of Colombia, has when we stand with the duly con- to those who offer a misguided vision wreaked havoc on that country. It was stituted Government elected by the of the future of the region to those who to the point where the violence was in- people of Colombia, we are standing on hear their cry. credible. the side of those who respect democ- The fact is, there is a battle of ideas Six years ago, as President Alvaro racy, freedom, and human rights. going on in the hemisphere, and this Uribe delivered his inaugural address, When we talk about the kidnappings, battle of ideas is one we cannot shrink mortar shells landed near the Presi- these kidnappings have now been lim- from but must engage. By entering dential palace in Bogota and killed 14 ited to poor peasants, although that into this agreement, we would join a people and wounded another 40. That has been part of it, but it has also in- growing list of partners in the region was the level violence had reached in cluded Government officials. Miss Be- that have demonstrated commitment this country. tancourt, who has gained international to human rights, free and fair elec- These events and crimes against notoriety because of efforts by the tions, and strengthening trade rela- labor organizers were common prior to French Government to free her, was a tions with us. when President Uribe came into office Presidential candidate in the midst of We have a very strong partnership. in 2002. Since that time, violence has a Presidential campaign when she was NAFTA, I must confess I find it a little dramatically decreased in Colombia, kidnapped. Also, members of the Con- difficult to understand how NAFTA, and the Colombian Government’s pres- gress of Colombia, businesspeople— which has created jobs all over Amer- ence is being felt in cities and towns they have shown no mercy. Today it is ica, could be faulted for jobs going to across the nation. rumored they maintain about 700 kid- China. And I cannot believe, on a seri- Let me point out that one death of napped victims with them in the jun- ous note, those who seek to be the an innocent civilian or one death of a gles of Colombia. Colombia’s Foreign President of our country would walk union leader or union organizer is one Minister is someone who was a victim away from that trade agreement. The death too many. Colombia has seen of kidnapping who escaped 5 years ago, fact is, this trade agreement is one more than its share of violence. maybe more, from the jungles of Co- that would enhance and advance the I point to this chart which I believe lombia and has regained his freedom. interests of the United States. is accurate in pointing out the actual Public school enrollment in Colom- I do not believe in a country that figures when it comes to union leader bia has increased 92 percent. The child would be afraid to compete with those violence. Notice the high point in 2001. mortality rate has decreased dramati- abroad. I believe in the America that is This is before President Uribe was cally as the Government turned its proud and strong and can compete with President. Then he comes into the focus to human rights and also living anyone in the world. We cannot just Presidency and look at the dramatic conditions. The number of tourists vis- shelter within our shores. We cannot drop since his Presidency down to iting Colombia has doubled in the last just retreat to fortress America. Those where it is today. This is not just vio- 5 years. days are gone. We created the global lence against union leaders. President Colombia is on the rise. Colombians trade we live in today and to retreat Uribe has been effective in pacifying enjoy a better quality of life because from that would be a misguided mis- the country. they have been living in a country that take. The violence against unionists has is more peaceful. For that, I think the Over the weekend, both the New declined 86 percent during his time in Colombian people are very grateful to York Times and the L.A. Times ran office from 2002 to 2007. The reason for the United States. There is no country pieces urging Congress to ratify this this decline is President Uribe’s atten- in the region that is more pro-U.S, that important and historic trade agree- tion and response to concerns over is more pro-American, and so much ment. According to the New York these attacks. The President estab- wants to interact and work with us. Times, ‘‘rejecting or putting on ice the lished an independent prosecutor unit Enhancing that relationship will con- trade agreement would reduce the and created a special program to pro- tinue to bring prosperity at a time United States’ credibility and leverage tect labor activists. They can actually when Colombians continue to face de- in Colombia and beyond.’’ seek protection from the Government stabilizing forces of terrorism. And the L.A. Times characterized the and be provided with armored vehicles, There is a second aspect of Plan Co- House’s decision to halt the vote by with protection for union halls, and lombia. It is not just about building stating ‘‘it wasn’t about the U.S. econ- personal protection for them as they go the Colombian military, as important omy and it wasn’t about Colombia. It about the country. as that is. There is a second phase. It is was politics.’’ There has been significant progress about people, it is about job genera- I don’t want to dwell on that issue in other areas of Colombia as well, tion, job creation. That is why it is im- because I believe the best way for this which is improving the lives of the Co- portant to enter into this free-trade to take place is for us to continue to lombian people. agreement so that U.S. investment dol- work together in a bipartisan fashion It is astonishing to see homicides are lars might flow to Colombia and in- to try to bring about an agreement down 40 percent, kidnappings are down crease jobs in Colombia as we increase that would be good for America, good 83 percent, and terrorist attacks are jobs in America as well. for the region, good for Colombia, good down 76 percent. This is as a result of One of the most prominent for the United States, good for our peo- what, in fact, has been a very success- narcoterrorist organizations operating ple, good for their people. This is the ful partnership. One of those moments within their borders is the FARC. ELN kind of trade agreement that is a win- of bipartisan agreement that the Presi- is another one. FARC is an organiza- win.

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We have I urge all of my colleagues to support Building a road or highway isn’t pretty. a free-trade agreement with Peru and this bill, as well as future efforts, to But it’s something that our economy needs Panama, and if Colombia joins in, that strengthen our national infrastructure. to have. would create a powerful, mighty trade The Presiding Officer, being a Sen- And nowhere is this truer than in alliance creating and generating jobs ator from Colorado, knows and I know rural America. and exports from the United States to there is a new economy in the future. In Minnesota, the relationship be- this region. It is the energy economy. But if we are tween highways and the economy is I was meeting this morning with a going to move forward the next cen- most obvious in our rural areas. Trans- gentleman who is hoping to be the next tury’s economy, we cannot be stuck in portation is absolutely essential to Ambassador of the United States to the last century’s transportation sys- their viability and to their vitality. Honduras. I asked him how has CAFTA tem. Rural Minnesota is now in the midst of impacted our relationship with Hon- I believe when you invest in infra- an economic revival that promises to duras. He said there has been several structure, you invest in the American grow even stronger. We are seeing this billion dollars a year of trade between economy. Rebuilding Main Street all over America with the energy revo- us and Honduras, and it had increased means revitalizing Main Street. The lution, whether it is wind or solar or U.S. exports to Honduras by 18 percent. Federal Highway Administration esti- geothermal or whether it is ethanol or That is good for America. That is good mates that for every $1 billion of Fed- biodiesel. As our Nation demands greater en- for American jobs. eral highway investment, it creates ergy independence and security, the So I hope calmer voices will prevail. over 30,000 jobs. So when we rebuild our rural parts of our country are poised to It would give us a chance to vote on roads, we strengthen our economy. As you know, a bridge collapsed one benefit enormously with the further this important trade agreement. It was day in the middle of Minnesota. It was development of home-grown energy. I signed by Colombia and the United something no one could ever believe believe we need to be prepared to maxi- States well over a year ago. There is would happen in the middle of our mize the opportunities offered by this never a perfect time for these agree- major Interstate Highway System. renewable energy revolution. It is only ments. I believe the votes are there. I As I said that day, a bridge should beginning to emerge, but it promises believe it is time to allow the votes to not fall down in the middle of America, major economic and technological take place instead of utilizing proce- especially not an eight-lane interstate changes for our country. dural maneuvers that, at the end of the highway, especially not one of the Already the development of wind day, are not particularly democratic. most heavily traveled bridges in our farms and ethanol plants has rejuve- Mr. President, I hope we can move State, and especially not at rush hour nated many rural areas in our State. forward to consider this agreement, to in the heart of a major metropolitan We are third in the country when it study the elements of it, to see the area, and especially not in my front comes to wind energy. But at the same merits of it. It goes beyond stating the yard. As you know, Mr. President, as time, these wonderful new energies are obvious: that this is something that you have seen, the area of that bridge placing new demands on our transpor- not only would help economically, but was only 8 blocks from my house. tation infrastructure. Here is one ex- it would also be a tremendous boost to Unfortunately, it has taken a dis- ample: Demand for ethanol has in- our relationship in this region of the aster of this magnitude to put the issue creased dramatically. This Congress world that all too often feels forgotten, of infrastructure investment squarely has pushed it. We are now with corn that all too often feels our eyes are fo- on the national agenda, and it is long ethanol, but we know we will also ex- cused elsewhere in the world, but are overdue. pand into cellulosic, switchgrass, prai- always our closest neighbors, are al- The sudden failure and collapse of rie grass, and other forms of biomass. ways our people who each and every the I–35W bridge has raised many ques- For the first 6 months of 2007, ethanol day signify more and more to us. tions about the condition and safety of production in the United States totaled A great many people of Colombian our roads and bridges. In fact, we just nearly 3 billion gallons—32 percent heritage live in the State of Florida had a bridge that was similarly de- higher than the same period last year. and in other States of our country. signed shut down in St. Cloud, MN, Currently, there are 128 ethanol They are great contributors to the about an hour and a half away from the plants nationwide, with total annual American experiment. I am proud to bridge that collapsed. It was designed production capacity nearing close to 7 have them among my constituents. I by the same designer, with the same billion gallons. An additional 85 plants know in the southern part of my State, problem with the bent gussets. The in- are under construction. As we know, this is a big, important issue. It is one vestigation is still going on into the this is just the beginning. We look at whose time has come. I hope the exact cause and triggering events that places such as Brazil, which are com- Speaker will reconsider. I hope we will led to the collapse of the I–35W bridge. pletely energy independent because of move forward with this important The fact a bridge closed down so what they have done with sugarcane. trade agreement. near, and the State of Minnesota de- We know corn isn’t the only answer. Mr. President, I yield the floor. cided to replace that bridge rather We will expand into other kinds of eth- The PRESIDING OFFICER. The Sen- than repair it, shows this is not an iso- anol. But we do know this is going to ator from Minnesota. lated incident. Critical investment in place demands—demands we want to Ms. KLOBUCHAR. Mr. President, I the maintenance and construction of have—on our Nation’s transportation rise in support of passing the bill that our Nation’s transportation is impera- infrastructure. is on the Senate floor; that is, the tive. Strengthening and maintaining Total ethanol production in the SAFETEA–LU technical corrections our national infrastructure must be a United States is projected to exceed 13 bill. When we look at the bill that is of national priority. billion gallons per year by early 2009, if the magnitude of the SAFETEA–LU At the moment, our priorities are not not sooner. What does that mean in bill and its extraordinary importance in the right place. We spend $12 billion terms of transportation? Well, this in our economy, there are bound to be a month in Iraq, with no end in sight, means an average square mile of land some drafting errors and issues. I am but our bridges fall down in the middle in southern Minnesota, which now gen- glad we are taking the time to correct of America. We have tax cuts for the erates the equivalent of 80 loaded these errors so we can continue to top 1 percent, but it is getting harder semitrucks per year, could soon strengthen our national infrastructure and harder for the middle class to get produce double that—160 loads of grain and our economy. by. We need to better prioritize our na- per year. As more homegrown energy is As a member of the Environment and tional spending. produced, rural roads and bridges will Public Works Committee, I applaud Our robust, well-maintained, up-to- have greater demands placed on them, Senator BOXER’s leadership in getting date highway system is vital to the as will rural rail.

VerDate Aug 31 2005 04:52 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S15AP8.REC S15AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3010 CONGRESSIONAL RECORD — SENATE April 15, 2008 I have had members of my own State nesses. There is enormous support in ture in our country. That is why I am of Minnesota—constituents—come up our State for something called so proud to support Senator BOXER and and show me these old rail ties that are Northstar rail, which would bring peo- her work on this bill, and I hope our breaking down. I have seen myself the ple basically from the Twin Cities to colleagues will support this bill and bridges that are in need of shoulders. I the area of St. Cloud—Big Lake, to be that we get this bill passed for the good have seen the highways that are in exact. St. Cloud is the area I explained of America. need of repair. Some of our roads in where the bridge had been closed be- I yield the floor. Minnesota are in such disrepair they cause of safety concerns. And if you The PRESIDING OFFICER. The Sen- have actually been letting them go to drive that 94 Interstate right now, I ator from California. dirt. We are going the opposite because can tell you, you waste so much time Mrs. BOXER. Mr. President, I am sit- they do not have the money to repair sitting in traffic you practically feel ting here and listening to Senator them. sick to your stomach if you are there KLOBUCHAR, and I am so proud of her The ethanol plant in Benson, MN, in rush hour. work on the committee that I am for- now has over 525 fully loaded semis We need that mass transit, and legis- tunate enough to chair, the Environ- hauling either corn, ethanol or other lators and people who were originally ment and Public Works Committee. forms of biodiesel from their plant completely opposed to this project are This committee is so interesting be- every week. This is a 45-million gallon now standing up in front of the line be- cause we do everything from global ethanol facility. Their production falls cause they know how important it is warming legislation, protecting endan- around the middle of Minnesota’s 16 for their constituents. This is a case gered species, to rebuilding the infra- ethanol plants. where I have to tell you the constitu- structure of our Nation on the public SMI Hydraulics is a company in rural ents were there before the elected offi- works side. It is kind of an interesting divide, be- southwestern Minnesota that manufac- cials and led the way to try to get this cause when it comes to rebuilding the tures the bases for the wind towers you Northstar rail in. And because of the see all across southern Minnesota. I infrastructure, we have more bipar- Federal help, it is now getting built. tisan support right now than for pro- have visited the company. They basi- The bottom line for any business is tecting the environment; where Sen- cally started in a barn, and they are you lose money when your people and ator WARNER, on global warming, has building these huge wind towers. The your products get stuck in traffic, and frankly been our hero on the other side heavy trucks that bring the steel to you also lose the ability to attract top- of the aisle, joining with us. But on the the company put an understandable notch, talented workers if they must infrastructure, Senator INHOFE and I heavy burden on the roads they travel contend with aggravating and time- have worked very closely together, and and are putting their durability to the consuming traffic jams. To combat this with the help of members of the com- test. threat, we must commit to broadening The U.S. Department of Agriculture mittee, such as Senator KLOBUCHAR, we our transportation options, developing are making progress. estimates truck freight in rural Amer- the right mix of multimodal solutions Before the good Senator leaves the ica is going to double—double—by the to serve our emerging needs, while floor, I wanted to make sure she was year 2020. The continuing trend toward maintaining our existing systems and aware of something in this bill that is greater reliance on trucking to support highways. This mix, of course, includes so crucial and is very much apropos to these industries raises concern about not just rail but rapid bus transit, her reminding us about the bridge col- the wear and tear on rural roads and high-occupancy toll lanes, and any- lapse in Minnesota. We fix an oversight bridges. Many of these roads and thing we can do to try to move the peo- in SAFETEA–LU that resulted in a bridges were built before this trend was ple to the places they need to go. particular account being oversub- evident. Whoever thought they would Our Nation has faced this challenge scribed. That account was the surface be carrying this huge wind tunnel? No before, a half century ago, and we suc- transportation research development one ever thought it would happen, but ceeded in building a new modern trans- and deployment account. it does. They were not designed for this portation system for a new modern Now, what does that do? It is a very type of traffic. economy. At the heart of it all was the fancy name. Basically, that particular Much of the rural road network in interstate highway system. In his 1963 account funds research into the status the United States was constructed dur- memoir, ‘‘Mandate for Change 1953– of our infrastructure. It takes a look at ing an era of slower travel and lighter 1956,’’ President Eisenhower famously our infrastructure, and it tells us what vehicles. Current traffic, which is heav- said this of transportation: we need to do to keep up. Do we need ier and wider, has accelerated the rate More than any single action by the govern- to reinforce our bridges, for example. of deterioration and made these types ment since the end of the war, this one That is one of the aspects they look at. of roads less serviceable. In many im- would change the face of America. Its impact The appraisal of our highways. How do portant grain-producing States, such on the American economy—the jobs it would we fund transit? What is the physical as Minnesota, more than 40 percent of produce in manufacturing and construction, condition of our roads? How do they the major highway system is rated as the rural areas it would open up—was beyond operate? What is their performance calculation. being in less than fair condition. Our level? It is so crucial that we have the transportation systems need to support He was right. It is our responsibility information. the development of these industries, so to restore Eisenhower’s vision of a My colleague from Minnesota wrote we need to look at the full spectrum of transportation infrastructure that the carbon registry bill that is part of transportation options. works for all of America. I can tell you our global warming bill because she I truly appreciate Senator BOXER’s this firsthand, from my heart, having knows that before you can solve global leadership, looking not just at truck seen what happens when you don’t in- warming, you need to know how much travel, not just at roads but also at vest as you are supposed to; having carbon and other greenhouse gases are mass transportation and other ways we seen a major bridge fall down one day in the atmosphere. We can’t write a can transport our goods to market. in the middle of America; having seen new bill in 2009 unless we know the sta- With more than half our State of Min- the promise in the rural parts of our tus of our roads, our freeways, our nesota’s total population now living in State of the new energy revolution but bridges, and our highways. So that is the seven-county Twin Cities metro then hearing how they can’t get their why this bill is so important. area, the need for more transportation goods to market because they have a We have been here for 2 full days options has become very clear to all of bunch of single-road highways, when now. I have been ready, willing, and us. they have trucks that are trying to able to take any and all amendments. It is not just about the rural areas in bring wind towers in, when they are We have said the bill is closed. We are our State. Increasing traffic congestion trying to be part of the solution to this not adding anything new because we has become a major threat to Min- energy crisis. want to keep this bill the exact same nesota’s quality of life and our pros- It is our responsibility to restore cost as the SAFETEA–LU bill. We are perity, costing precious time and that vision that Eisenhower had—to not adding anything. We are, in es- money for both commuters and busi- build this transportation infrastruc- sence, making technical corrections to

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We yield to my colleague. I guess I am talking to colleagues want to unfreeze that. Ms. KLOBUCHAR. I ask the Senator, who may be in their offices and I am So here we are for 2 days, standing on how long has she been trying to get saying, especially to my Republican our feet begging our Republican friends this bill through? I know she has been friends, come join us. Let’s do some- not to filibuster this bill. What is the waiting. I know it has been months. thing good for the people. This is very point? Everybody wants this bill, ex- Mrs. BOXER. The House passed it 1 important for your States. You have cept maybe one Senator who doesn’t year ago, and we passed it in the com- the American Association of State like one provision in it. We had the mittee in June 2007. This is not some- Highway and Transportation Offi- vote to proceed. I think it was 93 to 1. thing that—this has been around. We cials—that’s the department of trans- So everyone wants this bill. This bill have been asking Senator REID. He portation for all 50 States—calling on doesn’t add any new spending, it wanted to bring it up, but it is getting us to act. There is no reason to hold unleashes a billion dollars of important caught up in other matters. It has been this up. We are wasting precious min- projects. That is why we have extraor- a long time. utes. We are wasting precious hours. dinary support—and I don’t have the Ms. KLOBUCHAR. It seems to me, We are wasting precious days. We have chart here—from all our construction when there is so much bipartisan sup- a lot of other work to get done. trades people, the management side, port, the other side of the aisle would My goodness, I don’t understand fili- the labor union side, the worker side. try to advance this bill. I know in our bustering this bill which, again, is We have it all. We have the heads of all State we have had this tragedy. They within the budget. It doesn’t add a the transit agencies across the coun- see this not only as you talk about it— penny more than we were supposed to try. They all want this bill. It is very as a way to figure out, do an analysis spend. I am a little perplexed as to why impressive. of what we really need to meet our we are sitting here at 10 to 6 at night Oh, good, we have it back. I will show transportation needs but they also and we can’t get anybody to come here it one more time, because when you need it as investment. As you know, we to offer an amendment. But I am ever hear who is backing us—and they are were unable, on the stimulus package, hopeful, because it is my nature, that not backing us quietly, they are on the to get some of the things we wanted on people will realize, as they go back to phones, they are calling Members and the Democratic side, so we did get the their offices and see their phone mes- saying: Let this bill go. check in the mail to people. But long sages from all these people, that this is When my kids were young, they after those rebate checks are cashed, real. This is real. We need to get it would call something a no-brainer. we need a long-term investment strat- done. That is what this bill is, a no-brainer. egy in this country that invests in jobs. Mr. President, I suggest the absence This bill makes eminent sense. I thank Senator BOXER for bringing of a quorum. I will be back as soon as Here is the list: The American Asso- up that piece of the bill. I was very fo- I have some news to share with col- ciation of Highway and Transportation cused on the nuts and bolts on the leagues. Officials—from all 50 States—support roads, the wear and tear on the roads The PRESIDING OFFICER. The us; the American Highway Users Alli- that we all think about when driving clerk will call the roll. ance—millions of highway users; the on the highway, but we also have to The legislative clerk proceeded to American Public Transit Association— think about this as an investment call the roll. transit systems from across the coun- strategy. I thank her for bringing out Mr. WHITEHOUSE. Mr. President, I try; American Road and Transpor- that important point. ask unanimous consent that the order tation Builders—that is more than Mrs. BOXER. I am happy to do it, I for the quorum call be rescinded. 5,000 members of the transportation say to my friend, and I am glad she The PRESIDING OFFICER (Mr. construction industry; Associated Gen- asked me when we passed this bill out MENENDEZ). Without objection, it is so eral Contractors—that is 32,000 con- of committee—June 2007. June 2008 is ordered. tractors; Council of University Trans- fast upon us. The House also passed it Mr. WHITEHOUSE. Mr. President, portation Centers—more than 30 uni- a year ago. the matter before the Senate now that versity transportation centers from This is a long time in coming. You is currently being blocked by the mi- across the country; The National are so right, we all talk about the need nority is a bill that would permit work Stone, Sand and Gravel Association— to make sure there are good jobs for to proceed on hundreds of highway and these are the companies that produce people. This is a ministimulus package transportation infrastructure projects, more than 92 percent of crushed stone right here. There are 500 important creating tens of thousands of construc- and 75 percent of sand and gravel used projects that will move forward. This tion jobs, and pouring $1 billion into in the United States annually; and the means real jobs, real jobs in the U.S. of our economy. This is timely legislation National Asphalt and Pavement Asso- A. When you are building a road here, to repair our roads and bridges now, ciation—more than 1,100 companies. you are building a road here. This is while our economy needs the work. Yet These are the folks who are suffering important. this bill is stalled in this body because right now. These are the folks who It is unusual to see all of these folks Republicans in the Senate will not have gotten caught in this recession we team up together. We had a press con- allow it to move forward. are in. These are the folks who are call- ference this morning, management and Unfortunately, we have seen this ing Senators and saying: Please, let labor together saying: Please, here is movie too many times. The minority this bill go. an opportunity. has engaged in no less than 65 filibus- Senator BOXER supports it, Senator There is nothing negative to say ters in this Congress—an astounding INHOFE supports it, Senator KLOBUCHAR about this bill, as far as I am con- number that lays bare the minority’s supports it, Senator BAUCUS supports cerned. You may have one or two lack of interest in solving the real it, Senator ISAKSON supports it. I could projects you wouldn’t vote for, but the problems America faces. What a list members from our committee—al- fact is they have come from the Mem- record—65 filibusters, the most ever. most all. As I said, we had a vote of 93 bers of Congress who know their dis- That is what the minority has to con- to 1 to proceed to this bill. tricts and know their States. tribute to the problems America is fac- Calling all Republican friends: I was very glad Senator DEMINT ing. Please, please, please, relent. Please, called and said he was pleased with the A number of our Republican col- let’s get going. People are counting on way we did our disclosure under the leagues have come to the floor of the you. They need the work. They need new ethics rule, that our committee Senate to speak today, but we have

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The two economies, well, that is Federal and State tax returns to be at all goes to the lowest earning fifth, fine with them so long as their friends filed. Today, we should remember that families who earn $15,000 a year or less. are winning. But that is not good for the work of Government does not just This is the George Bush idea of fair tax America. cost money, it costs our money. For policy. In fact, that is not America, not the that reason, we should ask how this The President’s insistence on forcing one we know. The tool they have used Government is spending our hard- through these cuts without making up over and over and over is the filibuster. earned money and whether the prior- for the lost revenue, to defer that pain With a $7.7 trillion Bush Debt ities reflected in the Federal Govern- to later generations—to our children, foundering us, with families across the ment’s spending are truly the right pri- to our grandchildren—was not only country in their home States, everyone orities for our people and for our time. cowardly leadership, it left our budget struggling, you would think they These are difficult days. Today, fami- in precarious straits. The Bush tax would want their role to be more pro- lies throughout my State of Rhode Is- cuts of 2001 and 2003 cost a staggering ductive than being the biggest filibus- land and all across this country are $1.9 trillion, and they account for 25 ters in American history. You would reading their bank statements, opening percent of the $7.7 trillion Bush Debt. think they would want a more produc- their bills, reading their local news- The $7.7 trillion Bush Debt is the dif- tive record and legacy than that. But, no, they want to dig a $7.7 trillion hole papers, and finding that the looming ference between the nonpartisan Con- and then filibuster the folks who are downturn in the economy leaves them gressional Budget Office projections as trying to get America out of it. It is so struggling to make ends meet. Every- President Clinton left office compared clear that Senate Republicans would where we look, prices are rising, from to the budgetary nightmare George prefer to engage in overheated and the groceries that feed our families to Bush created—$7.7 trillion. overhyped tax rhetoric than they I am from Rhode Island. One trillion the gasoline that fuels our cars. Every would roll up their sleeves, sit down, dollars is an unthinkable amount of day, more Americans face the disaster and get to work on legislation solving money in a small State such as Rhode of foreclosure. Every day, more Ameri- the real problems working Americans cans face the nightmare of cata- Island. I do not know what $7.7 trillion are facing across our country each day. strophic health care bills. is. So I have tried to scale it for my- I will tell you, it is clear and it is dis- In these days of insecurity, the peo- self. I have here in my hand a simple appointing. ple of this country are looking for an- penny. A simple penny. If this simple I yield the floor, and I suggest the ab- swers, for solutions, for a new direc- penny were $1 billion—now, even in sence of a quorum. tion. Democrats in the Senate are Rhode Island $1 billion is big money— The PRESIDING OFFICER. The working overtime to provide that new if this simple penny were $1 billion, $7.7 clerk will call the roll. direction. We passed an economic stim- trillion is a stack of these simple bil- The legislative clerk proceeded to ulus package, legislation to address the lion-dollar pennies that is 39 feet high, call the roll. housing crisis, and a budget plan to put takes us right to the top of this room Mr. REID. Mr. President, I ask unan- our Government back on the path to with a simple penny being a full billion imous consent that the order for the surplus and cut taxes for middle-class dollars. quorum call be rescinded. families. We know we need a change of It is an astonishing burden for this The PRESIDING OFFICER. Without course and, most particularly, a change country to have to bear. It is the re- objection, it is so ordered. of leadership in the White House to get sponsibility of George Bush and the Re- Mr. REID. Mr. President, the record our country back on track. publicans, and we have to get serious has been made clear today. We wish we But Senate Republicans today are about it. But are the Senate Repub- had been doing some legislating. We making it clear that they do not agree. licans willing to get serious about it? have not been. I have had a number of Instead of putting working families No. If they have their way, the wealthi- conversations with my distinguished first, instead of getting our infrastruc- est Americans will continue to profit counterpart, Senator MCCONNELL. Senator MCCONNELL, following the ture repaired, they want to protect the to the tune of trillions of borrowed dol- caucus he had with his Senators, as I massive Bush tax cuts for the wealthi- lars while those most in need receive have with mine every Tuesday, my un- est Americans, a fiscally irresponsible virtually nothing. According to the derstanding is a concern was raised in policy that has left our country tril- Center on Budget and Policy Priorities, the caucus about the number of judges lions of dollars in debt. Instead of a the poorest Americans—the lowest 20 who have been or not been approved by budget that focuses Federal Govern- percent of income earners would re- the Senate in these last few months. ment spending on our children and our ceive less than 0.5 percent of the value As you know, one day last week we veterans, Republicans want to stick us of extending Bush tax cuts between approved five judges, one circuit court with the status quo, pouring hundreds 2009 and 2018. The top 20 percent, on the judge and four district court judges. We of billions of dollars into an endless other hand, would receive a staggering thought that was a step in the right di- war in Iraq without spending a dime 74 percent of the value, a total of near- rection. What are we going to do the here at home to fix the problems that ly $4 trillion over that 10-year period. rest of this year? You know, there is a face American families. And, of course, this is Bush tax pol- Thurmond doctrine that says: After Senate Democrats support tax cuts icy, so the higher the income, the June, we will have to take a real close for middle-class families, including tar- greater the benefit. Close to $1.2 tril- look at judges in a Presidential elec- geted help for families with children or lion in Bush tax cuts would accrue to tion year. seeking to adopt a child. Indeed, the the top 1 percent of American house- June is fast approaching. I believe budget resolution this year would pro- holds. Households with annual incomes that is the time set forth in the Thur- vide those tax cuts in a fiscally respon- of more than $1 million a year, those mond doctrine. So today Senator sible way, without digging our country alone receive $834 billion, $834 billion in MCCONNELL and I in our conversations deeper into debt. But President Bush extended Bush tax cuts. talked about all of the various judges and his Republican allies in the Senate The reckless fixation on tax cuts for who could be brought up, should be want to extend the extravagant por- our wealthiest folks that the Bush ad- brought up, may be brought up, and we tions of the 2001 to 2003 Bush tax ministration has pursued is driving us went over the different circuits and breaks that are weighted heavily to- to a bad place, to a divided America talked in some detail. ward the wealthiest Americans. with two economies, a gilded economy Following my first conversation with Mr. President, 71 percent of the value for the wealthy, and a worried struggle Senator MCCONNELL, I called the Judi- of the tax cuts in 2009 will go to the for everyone else. That is not good for ciary Chairman, Senator LEAHY. He

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And after the telephone con- proved in this Congress seven circuit ciary Committee can move matters to versation I called Senator MCCONNELL. judges. Except for last week, there had the floor. We have North Carolina, Senator LEAHY came to my office and not been one since last September. I South Carolina, Rhode Island, Mary- we visited again about the judges. We am sure the majority leader would land. We have Pennsylvania. The Penn- believe we need to make more progress agree with me that we are running dra- sylvania situation, we have a Democrat on judges. matically behind. We know there is an and a Republican there. As I recall the As we have said before, we do not election coming up in the fall. judge’s name, the nominee there is a want the minority to be treated the The majority leader mentioned the man by the name of Pratter. We have way we were treated during the Clinton so-called Thurmond rule which at some someone from Virginia. We have, as of years. We have done a pretty good job. point here will probably be imple- today, two from Maryland. We have a At this time we have probably ap- mented, indicating there will not be wide range to choose from. I say to my proved 90 percent of President Bush’s any circuit judges approved. friend from Kentucky, no, it should not judges, lots and lots of judges, well We currently have before the com- be because you have two from the same over 100 judges we have approved. mittee two judges, one from North party from one State and they are not The Republican leader asked me: Carolina and one from South Carolina. our party, that should not cause them What can you do before our Memorial The one from North Carolina has a not to have their nominee approved. As Day recess? What I have told him is we unanimously well qualified from the I indicated last week when we got into are going to do our utmost, we are not American Bar Association and has pre- a discussion about this, we should going to talk about district court viously been confirmed to his current measure the quality of the nominees, judges, we are going to approve district position as a district court judge by not the quantity. We are today talking court judges, the exact number of the Senate. The blue slips are back on about the quantity of nominees. But which I do not know, and Senator both of these judges. We anticipate we also have to be concerned about the LEAHY and I are going to do everything there will be a nominee from Virginia quality of these nominees. We should we can to approve three circuit court who will have blue slips returned and, confirm capable, mainstream nominees judges by Memorial Day. in the near future, two nominees from who are the product of bipartisan co- I would like to be able to guarantee the State of Michigan whose blue slips operation. With this committee, to get that. I cannot guarantee it. A lot of will be returned. As we all know, in something out of the committee, it has things happen in the Senate. But I am Michigan there are two Democratic to be bipartisan. I guess it doesn’t have going to do my very best. I want to live Senators and in Virginia there is one to be, but that is the way we would like up to what I am saying here on the Democratic Senator and one Repub- it. floor right now. Senator LEAHY knows lican. In South Carolina and North So we have done a pretty good job. I am here speaking before the Amer- Carolina, there are two Republican Last year, we had a very controversial ican people today and to Senator Senators. The chairman of the Judici- judge. One of the Senators on the Judi- MCCONNELL. So we are going to do our ary Committee has made it clear he is ciary Committee decided she would very best to approve three circuit court not likely, almost certainly not likely, vote with the minority. As a result of judges by Memorial Day. That is about to move a nominee from a State for that, a controversial judge was re- the best I can do. Which ones, I have which there are no blue slips. So we ported to the floor and ultimately ap- told Senator MCCONNELL. There are a have blue slips in on North and South proved. So we are working very hard to number of alternatives we can have. He Carolina, and both nominees have been arrive at three judges by the time of knows some by name, I know them by waiting for quite some time. So there our break, which is 5 weeks from now, name. I do not want and I do not are nominations ready to go. I believe. I said when I got this job, choose to go over them name by name What I have said is there is a great that if the nominations of judges are at this time. But we have a number to interest on my side in seeing three cir- important to my friend, the Republican choose from to get to those three. I cuit court nominees confirmed by the leader, they are important to me. I will do the best I can, working with Senate before the Memorial Day re- have some knowledge of difficulties Senator LEAHY and the Judiciary Com- cess. The majority leader has indicated with judges on the floor, having sur- mittee. And when I say ‘‘bring to the he is comfortable with that. We have vived, as the Democratic leader, the so- floor,’’ that means confirm the judges. not picked the candidates, but let me called nuclear option. So I understand The PRESIDING OFFICER. The Re- suggest it would be unfair to discrimi- how people feel strongly about judges. publican leader. nate against a State which has two Re- Democrats feel strongly about them. Mr. MCCONNELL. Mr. President, my publican Senators with blue slips in Republicans feel strongly about them. good friend, the majority leader, and I, and has had nominees pending for quite When Senator Lott was majority lead- I think at the beginning of this con- some time in favor of nominees only er, he said words to the effect: Why ference—and I believe this is a correct recently with blue slips in or only re- should we worry about them in the characterization of where we were; I cently nominated. The principle should Senate? People don’t care about judges. am sure he can disabuse me of the no- be the same regardless of whether a This is something that is just within tion if it is not a direct characteriza- State is represented by two Repub- the Senate. tion of where we were—we felt at the licans, two Democrats or one Repub- I, personally, don’t feel that way. I very least, President Bush, with regard lican and one Democrat. If the blue feel these men and women who have to circuit court nominees, should be slips are in, the blue slips are in. If the lifetime appointments are extremely treated as well as President Reagan, nominee is otherwise qualified and important and that we should—even President Bush 41, and President Clin- noncontroversial, I would hope, I say though Senator Lott might be right, ton were treated in the last 2 years of to my good friend, the majority leader, maybe people outside Washington don’t their Presidencies. he would share my view that we should care about judges, I care about judges. Each of those Presidents found them- not discriminate against a nominee The Republican leader cares about selves with the following dilemma: The from a State with two Republican Sen- judges. I will try my best to get three Senate was in the control of the oppos- ators, the nominees having been pend- judges approved by the Senate before ing party, so there was a certain sym- ing for quite some time, in favor of re- the Memorial Day recess. metry to this President. George W. cent nominees who happen to be from Mr. MCCONNELL. Mr. President, the Bush ends up the last 2 years of his States with two Democratic Senators only thing I would add with regard to Presidency similarly situated to Presi- or one Democratic and one Republican my earlier comments, just picking, for

VerDate Aug 31 2005 04:52 Jun 26, 2008 Jkt 069060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 J:\CRONLINE\2008BA~2\2008NE~2\S15AP8.REC S15AP8 mmaher on PROD1PC76 with CONG-REC-ONLINE S3014 CONGRESSIONAL RECORD — SENATE April 15, 2008 example, the North Carolina judge, the Who knows, we may even get lucky Mr. REID. Surely. Fourth Circuit is a judicial emergency. and get more than that. We have a Mrs. BOXER. I was pleased to see The chairman of the Judiciary Com- number of people from whom to choose. this dialog back and forth. Because, mittee has set forward some standards. Maybe the President can send us down frankly, I have been wondering, as His first standard: If a vacancy is a few more names on some of those va- chairman of the Environment Com- deemed to be a judicial emergency, it cancies that are there now. I don’t mittee, what was going on. We have a should be addressed quickly. That is know what more I can say than to say very straightforward bill on the floor. I the chairman of the Judiciary Com- what I have said. I have to work with didn’t understand. We have a few mittee. In the case of the Fourth Cir- the committee, within the rules they amendments. We are very happy to cuit, it has been declared a judicial have, and do the best I can. deal with them. We have every group in emergency. It is one-third vacant. The Mr. MCCONNELL. Mr. President, I the country, every construction group, nominee from North Carolina, to pick guess the only thing I would add, would management, labor, everyone, we have an example, is not controversial, has a the majority leader agree with me on every State asking us to do this bill. I unanimously well qualified from the the following principle: That a circuit didn’t understand, frankly, why we ABA. The blue slips are back from both judge from a State with two Repub- were waiting around. I wonder, I ask North Carolina Senators. My only lican Senators, who is completely my leader—and I would be delighted to point to my good friend, the majority qualified and upon which two blue slips hear from the Republican leader as leader, was it would seem not to be have already been returned and have well, given this colloquy you had back fair, when you have a nominee pending been pending for a long time, does the and forth—and I know the Senator for a long time who is not controver- majority leader share my view that from Nevada as well as anyone here. sial, upon which the blue slips have those type nominees from States with When he gives his word like this and been returned, where there are two Re- two Republican Senators should not be says: I am going to do everything I can, publican Senators, for that nominee to discriminated against in trying to listen, I think that is as good as it gets be in effect moved to the back of the meet our responsibility? We have only around here. I am hopeful, and I would bus while you handle nominees nomi- confirmed seven circuit judges ask my leader to tell me and the Re- nated more recently from a State with throughout this Congress. We are a publican leader as well, Senator INHOFE two Democratic Senators or a State long way from coming anywhere close is here, I am here, we are very anxious with one Democrat and one Republican to what President Clinton got at 15. to move our bill forward, 500 transpor- Senator. Mr. REID. Mr. President, I hope the tation projects, not one penny of added What I am pleading for is a sense of record will reflect the smile on my face spending; it will unleash a billion dol- fairness. I believe in the case of both because the fact is, we had, for years, lars’ worth of jobs, I am wondering North Carolina and South Carolina, two Democratic Senators from a State whether you could let us know tonight with the judicial emergency existing and those nominees of President Clin- what are the chances that we are going on the Fourth Circuit, you could make ton weren’t even given a hearing. More to be able to move forward. a strong case that they should be dealt than 60 weren’t even given a hearing. Mr. REID. I say to my friend, I wish with first under the standards of the They were pocket vetoed, for lack of a we had moved to this bill Thursday chairman of the Judiciary Committee. better description. So, yes, I think if night, legislated yesterday and today. But in particular I cite the nominee you have two Senators from the same We haven’t done that. from North Carolina because he has party, they should not be discrimi- f been declared noncontroversial, had nated against. I mentioned their the unanimous ABA approval rating, names. Their names are Matthews and HIGHWAY TECHNICAL and has been pending for hundreds of Conrad. I have spoken to Senator CORRECTIONS ACT OF 2007 days. I don’t know why we couldn’t LEAHY. The first time I talked to him Mr. REID. Mr. President, I now ask meet the goal the majority leader has was today. Of course, we will take a unanimous consent that all postcloture set out of doing three circuit court look at those. time be yielded back, the motion to nominees before Memorial Day. There Mr. MCCONNELL. Well, I certainly proceed be agreed to, and the motion to is no reason not to. There are enough understand what the intention of the reconsider be laid upon the table, and ready to be dealt with who don’t re- majority leader is. We will need to dis- that the Senate now proceed to the quire additional paperwork. cuss this further, I guess privately. I consideration of H.R. 1195. So I guess my question of the major- certainly understand his intention. I The PRESIDING OFFICER. Is there ity leader is, What is his view as to the know he is a person who operates in objection? likelihood that we would get three cir- good faith. I trust him. We have had a Without objection, it is so ordered. cuit judges confirmed before the Me- good relationship over the last period The clerk will report. morial Day recess? during which we have been in our re- The legislative clerk read as follows: Mr. REID. Mr. President, first of all, spective positions. I guess the calcula- A bill (H.R. 1195) to amend the Safe, Ac- Chairman LEAHY understands. If there tion I have to make, at some point, is countable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, to make is an emergency in a circuit, he under- what is the likelihood of this occur- stands the importance of doing some- technical corrections, and for other pur- ring, because there is a deep-seated un- poses. thing about that. He has expressed that rest on our side related to this low publicly and privately. Also, in this The Senate proceeded to consider the number of circuit court judges. I think bill, which had been reported from the overall process, let’s make sure we un- that is understandable. It is a paltry derstand, there are vacancies out there Committee on Environment and Public number in comparison to how Presi- Works, with an amendment to strike in the circuit courts that we have no dent Reagan, President Bush, and nominees for. We are waiting for them. all after the enacting clause and insert President Clinton were handled in a in lieu thereof the following: I say to my friend, as I have said be- similar situation. But I understand the fore, I am going to do everything to SECTION 1. SHORT TITLE. representations my good friend, the This Act may be cited as the ‘‘Highway Tech- work with the Judiciary Committee. majority leader, has made as far as he nical Corrections Act of 2007’’. Senator LEAHY said he would do that is prepared to go today. We will con- SEC. 2. SURFACE TRANSPORTATION TECHNICAL too. I think we can say we would work tinue to discuss the matter. CORRECTIONS. very hard to make sure there are no Mr. REID. Mr. President, the only (a) CORRECTION OF INTERNAL REFERENCES IN holdovers. That is, if somebody is re- thing I would say, my good friend DISADVANTAGED BUSINESS ENTERPRISES.—Para- ported out, we will do our very best to asked the odds. I am from Las Vegas. I graphs (3)(A) and (5) of section 1101(b) of the make sure they don’t waste that week don’t bet. I hope they are good odds. I Safe, Accountable, Flexible, Efficient Transpor- on that. I am going to do what I can to am going to do everything I can to live tation Equity Act: A Legacy for Users (119 Stat. 1156) are amended by striking ‘‘paragraph (1)’’ fulfill what I have said. I will do every- up to what I have said this last 5 or 10 each place it appears and inserting ‘‘paragraph thing within my power to get three minutes. (2)’’. judges approved to our circuits before Mrs. BOXER. Will the Senator yield, (b) CORRECTION OF DISTRIBUTION OF OBLIGA- the Memorial Day recess. my leader yield to me for a question? TION AUTHORITY.—Section 1102(c)(5) of the Safe,

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