E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 110 CONGRESS, SECOND SESSION

Vol. 154 WASHINGTON, THURSDAY, OCTOBER 2, 2008 No. 160 Senate (Legislative Day of Wednesday, September 17, 2008)

The Senate met at 10 a.m., on the ex- U.S. SENATE, we read in his book, an occasional scuf- piration of the recess, and was called to PRESIDENT PRO TEMPORE, fle off the field. Senator HAGEL is a order by the Honorable MARK L. Washington, DC, October 2, 2008. man who won a football scholarship to To the Senate: PRYOR, a Senator from the State of Ar- go to college because of his athletic Under the provisions of rule I, paragraph 3, kansas. of the Standing Rules of the Senate, I hereby prowess but had to change his plans appoint the Honorable MARK L. PRYOR, a when injury left him with an PRAYER Senator from the State of Arkansas, to per- uncorrectable pinched nerve in his The Chaplain, Dr. Barry C. Black, of- form the duties of the Chair. neck. fered the following prayer: ROBERT C. BYRD, Senator HAGEL is a man who risked Let us pray. President pro tempore. his own life on many occasions, but on Eternal God, today we open our Mr. PRYOR thereupon assumed the one occasion risked his own life and hearts to You as we remember that chair as Acting President pro tempore. suffered terribly to save his brother’s life in the jungle of Cambodia during You are our help in ages past and our f hope for years to come. Lead our Sen- the Vietnam conflict. Senator HAGEL is ators as they recall Your care over our RECOGNITION OF THE MAJORITY a man who still carries shrapnel from Nation in the past and Your mercy LEADER his heroic uniformed service to our Na- which follows us all our days. Bless the The ACTING PRESIDENT pro tem- tion. many people who work long hours on pore. The majority leader is recog- Senator HAGEL tells the story in his the Senate staffs and reward them for nized. book about his childhood, that when he their diligent faithfulness. and his brother Tom were growing up, f the Hagel family moved around Ne- Heal the sick, make strong the wa- braska to seven different houses in vering, guide the perplexed, and be- SCHEDULE small Nebraska towns. The seven friend the lonely. Today, may faith re- Mr. REID. Mr. President, this morn- places he lived formed a loop around place fear, justice triumph over greed, ing following leader remarks, we are the State. So when CHUCK first ran for and peace conquer strife. going to be in morning business with the Senate in 1996, he could go almost We pray in the Redeemer’s Name. Senators allowed to speak for up to 10 anyplace in Nebraska and tell local Amen. minutes each. There will be no rollcall crowds, ‘‘it’s good to be home.’’ votes today. When CHUCK HAGEL’s draft number f f was called in 1967, he was given an order to ship out to Germany after TRIBUTE TO SENATORS PLEDGE OF ALLEGIANCE being inducted. But he said: I don’t CHUCK HAGEL The Honorable MARK L. PRYOR led want to go to Germany. The war is in the Pledge of Allegiance, as follows: Mr. REID. Mr. President, I want to Vietnam. So he asked to change his or- spend just a few minutes today talking I pledge allegiance to the Flag of the ders to go to Vietnam where the action United States of America, and to the Repub- about CHUCK HAGEL, the Senator from was. What this young man from Ne- lic for which it stands, one nation under God, the State of Nebraska. braska believed was that fighting a war indivisible, with liberty and justice for all. I was raised in an environment where meant going to the front lines, not things were physical—football, base- someplace thousands of miles away. So f ball, boxing, fighting, and being tough. that is where he wound up. That was important. And as I have Since the Sullivan brothers’ deaths APPOINTMENT OF ACTING looked through the Senate over these in World War II, it was not very often PRESIDENT PRO TEMPORE years, there is no one that fits that bill that siblings found themselves in the more than CHUCK HAGEL. The senior same combat zone fighting, but that The PRESIDING OFFICER. The Senator from the State of Nebraska is isn’t what happened in this situation clerk will please read a communication both physically and mentally very with the Hagel brothers. No one really to the Senate from the President pro tough. knows how—they think it was a stroke tempore (Mr. BYRD). Senator HAGEL is a person who suf- of luck, but it remains a bit of a mys- The assistant legislative clerk read fered multiple broken noses playing tery—CHUCK HAGEL and Tom Hagel the following letter: high school and college football and, as wound up in the same infantry, same

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

S10399

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VerDate Aug 31 2005 01:24 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.000 S02OCPT1 rfrederick on PROD1PC67 with SENATE S10400 CONGRESSIONAL RECORD — SENATE October 2, 2008 fighting unit, fighting shoulder to icit hawk when others in his party RESERVATION OF LEADER TIME shoulder in the jungles of Cambodia. abandoned fiscal restraint. The ACTING PRESIDENT pro tem- Mr. President, in the span of less He crossed the aisle and worked with pore. Under the previous order, the than a month, these two brothers each my predecessor, Senator Daschle, as leadership time is reserved. had the chance to save the other’s life. well as Senator KENNEDY and Senator f Not only did they have the chance, but MARTINEZ on the Republican side, to they took that chance and they were seek a comprehensive immigration MORNING BUSINESS successful. Here is one account: plan that would be both tough and The ACTING PRESIDENT pro tem- One of the soldiers . . . hit a trip wire, set- compassionate but, above all, fair. pore. Under the previous order, the ting off a mine that had been placed in a tree He served the people of Nebraska well Senate will proceed to a period of so that it would detonate at face level. Bod- as a member of the Foreign Relations morning business, with Senators per- ies, body parts and shrapnel were blasted Committee, the Banking Committee, mitted to speak therein for up to 10 back into the ranks as the squad was cross- the Housing and Urban Affairs Com- minutes each. ing a stream. Tom picked himself up and mittee, the Intelligence Committee, Mr. DURBIN. Mr. President, I sug- looked for his brother. What he saw was a and the Rules Committee. gest the absence of a quorum. ‘geyser’ of blood gushing from Chuck’s chest. I will be forever grateful for the cour- Tom, then only 19, stanched the bleeding and The assistant legislative clerk pro- bandaged the wound, only then noticing that age Senator HAGEL has shown on the ceeded to call the roll. he’d been hit himself in the arm. Twenty-five Iraq war. He spoke out early against Mr. REED. Mr. President, I ask unan- days later, it was Chuck’s turn to rescue the war, he spoke out often, and he was imous consent that the order for the Tom when their troop carrier hit a hand-det- right. As all Senators know, speaking quorum call be rescinded. onated mine as it emerged from a village in up against a hallmark policy of one’s The ACTING PRESIDENT pro tem- the delta. Tom had been in the turret behind own party is no easy task. With Sen- pore. Without objection, it is so or- a .50-caliber machine gun. He was uncon- ator HAGEL’s help, we were able to dered. scious, not obviously alive, when his brother move the debate forward and to finally Mr. REED. I ask unanimous consent got to him. The blast had blown out Chuck’s eardrums and severely burned his left side, provide some oversight on the incom- that I be allowed to speak as in morn- but knowing the carrier might soon explode, petent management of the war. Al- ing business. he worked feverishly to pull Tom from the though Senator HAGEL will not see the The ACTING PRESIDENT pro tem- wreckage, then threw his body on top of end of the war as a Member of this pore. Without objection, it is so or- Tom’s as Vietcong fighters in ambush body, there is no doubt that his cour- dered. sprayed the area with gunfire. age has brought us closer to that day. f For this remarkably courageous serv- One of the most remarkable days in TRIBUTE TO SENATORS ice, SGT CHUCK HAGEL was decorated my political career was the time when with the Vietnamese Cross of Gal- we were working on how to do some- Mr. REED. Mr. President, I rise this lantry, the Army Commendation thing to change the course on the war morning to recognize and pay tribute Medal, the Combat Infantryman Badge, in Iraq. I went and visited Senator to several colleagues who are con- and two Purple Hearts. HAGEL in his office. As you walk in, cluding distinguished careers in the After the war, CHUCK HAGEL came to you see a picture of Tom and CHUCK Senate. These gentlemen have distin- Washington and worked on Capitol HAGEL in a mechanized vehicle in the guished themselves. They have dedi- Hill. By the age of 26, he was chief of jungles of Cambodia—or Vietnam. I cated themselves to representing their staff to Congressman John McCollister don’t know exactly where it was, but States and representing the best inter- of Nebraska. Within 10 years, he was Southeast Asia. He is very proud of his ests of the Nation. appointed by President Reagan to be military career. But we visited, and I PETE DOMENICI the second highest ranking official in probably wouldn’t be a very good sales- Senator PETE DOMENICI is an indi- the Veterans Administration. But very man, selling automobiles or a house be- vidual who has worked many years to typical of CHUCK HAGEL, after just a cause it was hard for me to close the strengthen our country in so many dif- few months during his term of service, deal, saying: CHUCK, will you vote with ferent ways. He has been a key member he spoke out against a cut in benefits me? At home that night, he called me of the Committee on Energy and to Vietnam veterans and quit the De- and said words to the effect: I listened Water, and he has been a key member partment in protest. This was not the to you; I’m going to vote with you. of the Appropriations Committee and stepping stone to an impressive career His vote made the difference. It al- the Budget Committee. in Washington, as some had thought, lowed us to carry the day and send a He was first elected to the Senate in because CHUCK HAGEL spoke out bill to the President that the President 1972—36 years of outstanding service to against something he thought was vetoed. Senator HAGEL didn’t wait for the Nation and to his State of New wrong. me to close the deal, he closed the deal. Mexico. When Senator HAGEL left Capitol I have great admiration and respect for He will be remembered for many Hill, he scraped together whatever him and what he did that night. I think things but particularly for his un- money he could find by selling a car he changed the direction of the country swerving commitment to mental and cashing in life insurance policies and how it felt about the war in Iraq, health parity in the health care sys- to invest in an upstart business that and it allowed the people in America to tem. It is fitting that legislation we built networks for wireless phones. know that we could do something, that passed will bear his name, along with Within a few years, CHUCK HAGEL’s we are not powerless. that of Senator Paul Wellstone. Sen- company was one of the most success- It is well known that Senator HAGEL ator DOMENICI’s advocacy for those ful cellular telephone providers in has been considered on more than one with mental illness, his understanding America. He entered the American sys- occasion as a candidate for President of these issues in a profoundly personal tem of free enterprise and was ex- or Vice President. Here is what he said, way, accounted for the momentum and tremely successful. But after suc- though. ultimately the success of the legisla- ceeding in business, CHUCK returned his I don’t have to be President. I don’t have tion. I commend him and thank him attention to politics and won a seat in to be a senator. I just have to live with my- for his service. the Senate in 1996. self. LARRY CRAIG I have served with CHUCK HAGEL in So whatever path CHUCK HAGEL fol- Senator Larry Craig, with whom I the Senate for 12 years. One would be lows next, he, his wife Lilibet, and had the privilege to serve on the Com- hard-pressed to find a more conserv- their daughter Allyn and son Ziller, mittee on Appropriations, is someone ative Member than the senior Senator should have the deepest pride in the who has vigorously defended his posi- from Nebraska. Although our political lasting impact of Senator CHUCK tions in the Senate. We have disagreed philosophies differ, I know CHUCK HAGEL’s patriotism and service for the more often than agreed, but our de- HAGEL to be one of the bravest and betterment of the Nation we love bates have been both vigorous and most fiercely independent Members of through both the military and the Sen- civil. I can recall managing the legisla- this legislative body. He has been a def- ate, where he has served so gallantly. tion, Senator CRAIG on the opposing

VerDate Aug 31 2005 01:24 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.014 S02OCPT1 rfrederick on PROD1PC67 with SENATE October 2, 2008 CONGRESSIONAL RECORD — SENATE S10401 side, with respect to issues of guns and fully so it would not be repeated, to en- ness to me and their thoughtfulness on firearms. I recall a debate that was vig- sure that it was, as it truly was, an ab- so many other occasions. orous, robust but principled. I appre- erration in the otherwise extraordinary f ciate that effort and his service. dedication of our forces, not just to the EXTENSION OF UNEMPLOYMENT WAYNE ALLARD military profession but to the ideals of BENEFITS There are three Senators with whom decency that have been the hallmark of I have had the opportunity to serve the American fighting man and woman Mr. REED. Mr. President, I rise also closely. They are people I respect im- throughout our history. His efforts to speak about a very important topic, mensely and wish the best to as they there will be ruled as a remarkable dis- and that is the need to enact legisla- go forward. WAYNE ALLARD and I came play of placing the needs of country tion to help unemployed Americans to the Senate together. We were in the and respect for the institution of the amid the current economic downturn. House of Representatives together. We military above any partisan political Yesterday, we passed an unprecedented have served on both the Armed Serv- concerns. He is someone who has made package of support for the financial ices Committee and the Banking Com- a huge contribution. Again, that con- markets. There are many Americans mittee together. It seems, indeed, that tribution will resonate throughout the who are suffering as grievously as our on the Banking Committee, we were ei- history of this country, particularly financial markets and those who work ther the subcommittee chair or rank- the history of the Senate. in the financial markets. There are an ing member, depending on who has the CHUCK HAGEL estimated 800,000 unemployed workers majority, throughout our career in the Finally, let me pay tribute to a dear who will begin to run out of emergency Senate. In that effort, we worked close- friend and colleague. We entered the unemployment compensation because ly with Senator ALLARD and his distin- Senate together 12 years ago. Senator jobs are too scarce in the current eco- guished staff on issues with respect to CHUCK HAGEL has represented Nebraska nomic climate. We cannot turn our homelessness, housing programs, many with rare insight and extraordinarily back on these 800,000 Americans. We areas of endeavor. He has been a distin- good humor for 12 years. He is one of need to help them. In June, I was guished individual who has done a those individuals who is respected and pleased by the inclusion of 13 weeks of great deal, not only for the State of liked by everyone because he is an ex- emergency unemployment compensa- Colorado but for national housing pol- traordinarily decent person, someone tion to all States in the war supple- icy and for many other areas of endeav- who takes his job seriously but himself mental spending bill. This help was or. not so seriously. He is someone I have critical and something I had advocated On the Armed Services Committee, I had the privilege to travel with across for a very long time. had the privilege of working with him. the globe—Russia, Afghanistan, Singa- Too many individuals in our States He applied his energy and efforts to pore, the Philippines, northern Africa, who have been unemployed are still clean up the Rocky Flats plant, a nu- and back again to Afghanistan and looking for work, but they can’t find it clear facility in Colorado. He has made Iraq. He, too, has a rare dedication to and they are running out of benefits. a lasting and extraordinary contribu- the men and women of the armed serv- The labor market continues to deterio- tion to his State through those efforts. ices, born of his own personal experi- rate. This impact is becoming mag- I commend him for all those. I wish ences. As a young man he chose not nified as a result of the continued un- him well as he goes forward. only to join the U.S. Army but to serve ravelling of the financial marketplace. in Vietnam. He had the opportunity to JOHN WARNER We are seeing—in fact, one of the rea- be posted to Germany. He would have Senator JOHN WARNER was my chair- sons we acted last evening—credit mar- served out his time and left. But he de- man on the Armed Services Com- kets seize up. We are seeing auto sales cided he had to march to the sound of mittee. Frankly, he represents the lots not able to finance the acquisition the guns. His brother was already model of a Senator. His integrity, judg- of cars and buyers not able to buy there. Together in the same unit, he ment, and decency resonate through- automobiles. We are seeing a host of and his brother served the U.S. Army. out this Chamber and will make a last- He was wounded in action, received the problems that manifest themselves in ing impression on this body. He has Purple Heart. He came back as a vet- GDP statistics, unemployment statis- served Virginia with distinction. He eran and continued his education and tics, and in the lives of ordinary Amer- has particularly served the men and then built a very successful business icans it is manifested in the stark re- women of our Armed Forces with dis- career. But he never lost sight of those ality of no work and a family to sup- tinction and unfailing dedication. Part men and women who serve in uniform. port. We have experienced the eighth of that comes from his own experience. He is very active in the USO. He is straight month of job declines. Unem- As a young man he joined the Navy and someone who was active in veterans af- ployment has soared to a 5-year high of then later was in the Marine Corps. His fairs. Then, finally, when he was elect- 6.1 percent; 16 States now have an un- own experience, later amplified by his ed to the Senate, he took his learning, employment rate of 6.5 percent or service as Secretary of the Navy, left his experience and appreciation and greater. New national unemployment an indelible impression upon him. That played a major role on the Foreign Re- numbers for September will be released impression is the fact that all the great lations Committee. His commitment to tomorrow morning. It is expected that decisions made in Washington ulti- a broad multinational policy of using these numbers will continue the down- mately must be borne by young men our alliances, of building our power not ward trend, given the sustained notices and women who serve in uniform. He just through our military power but of plant closings, mass layoffs, and cut- has never forgotten that. He has never through diplomatic and reputational backs for small businesses trying to forgotten that decisions we make play power has made a significant contribu- survive in this environment. In my out in the lives of soldiers and sailors, tion to the country, not just for the State of Rhode Island, the situation is marines, airmen, and their families. moment but for many years. He is leav- more bleak: 8.5 percent are jobless That unfailing sense of obligation to ing the Senate to pursue other endeav- right now. It is the second highest level these young Americans is a profound ors. I wish him well. He has been a re- in the Nation, a jump of over 3.4 per- contribution he has made. markable friend. He, Lilibet, and their cent in the course of the last year He is also someone who on many oc- children, Allyn and Ziller, are a re- alone. We are hemorrhaging jobs in casions has defied the current tides of markable family. I will miss him par- Rhode Island. It is the highest unem- popular opinion. I recall that when the ticularly. I salute him, thank him. He, ployment rate in Rhode Island since deplorable incident surrounding Abu to me, is the very model of a Senator November 1992. Ghraib broke, there was a sense in who has served his country in different In addition to this evaporation of some quarters that we should try to ways and now has chosen to continue jobs is the acceleration of prices. Gaso- avoid mention of that, that we should to serve in other ways. I am sure he line, food, and health care costs are all minimize the issue. Senator WARNER will continue to contribute to the accelerating. Families are caught in a recognized we couldn’t do that, that we country. tremendous squeeze. That is why I am owed it to the men and women in the To these Members, I wish them well. pleased to have introduced bipartisan Armed Forces to look at the issue care- I thank them personally for their kind- legislation, which has been cosponsored

VerDate Aug 31 2005 01:24 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.032 S02OCPT1 rfrederick on PROD1PC67 with SENATE S10402 CONGRESSIONAL RECORD — SENATE October 2, 2008 by more than 20 of my colleagues, in- we found ourselves on the Banking I yield the floor to the top Repub- cluding the chairman of the Senate Committee. We found ourselves again lican. HELP Committee and the Finance working as the top Republican and top The PRESIDING OFFICER. The Re- Committee, Senators KENNEDY and Democrat on housing and mass transit publican leader is recognized. BAUCUS, to extend unemployment in- issues. We worked together on transit Mr. MCCONNELL. Mr. President, I surance benefits so people can pay security issues. And now we are to- thank my good friend from Colorado. I their bills while they look for work. gether on the Securities, Insurance and am here to talk about his distinguished This measure provides 7 weeks of feder- Investment subcommittee. career. ally funded unemployment insurance Senator JACK REED from Rhode Is- WAYNE ALLARD for individuals who have exhausted land comes from a different part of the Mr. President, as the 110th Congress their benefits, and it provides 13 addi- country. He has different issues that draws to a close, we must reluctantly tional weeks of benefits to unemployed are important to him. I come from the say goodbye to some friends who will workers in States that have been hit West. I have different issues that are be leaving us. That includes, as we particularly hard by this economic important to me. But we were able to have been discussing, my good friend, downturn, States that have unemploy- find a lot of commonality and work to- the senior Senator from Colorado. ment rates above 6 percent. Right now gether in a professional way. I at- As the Republican leader, I get to 17 States would qualify for this high tribute a lot of that to the high moral work closely with each and every one unemployment figure. standards, dedication, and ability to of our colleagues on this side of the The bill also includes a provision to work with others of my good friend aisle. The thing that has always im- help qualifying States, such as Rhode from Rhode Island, JACK REED. pressed me the most about Senator AL- Island, replenish their unemployment I want him to know what a pleasure LARD is the fact that he is a true cit- insurance trust funds which help cover it has been for me to be able to serve izen legislator in the model our Found- a portion of unemployment insurance on the various committees with him ing Fathers envisioned. benefits. The Senate stimulus package through my tenure in the Senate. The Founders favored ordinary citi- zens of extraordinary wisdom. Those that failed last week included these I am getting ready to retire with the close of this session. So I wished to who step forward from among the peo- same provisions to extend unemploy- make a few comments and to recognize ple they represent and return to them ment insurance. We need to take ag- a few people whom I have appreciated when their time here is done. gressive steps to help these families working with, and particularly I wish So it is with WAYNE ALLARD. He is re- who are struggling to make ends meet. to recognize Senator JACK REED from tiring from the Senate because he is I ask that my colleagues join me in Rhode Island because he is a topnotch following a two-term pledge he set for supporting this legislation. Senator and somebody I have enjoyed himself when he was first elected in I was prepared to ask consent to pass working with. 1996. In the spirit of George Wash- this legislation, S. 3507, today, but I Mr. REED. Mr. President, if the Sen- ington, he voluntarily retires ‘‘from understand there is an objection by the ator will yield, I say to him, thank you the great theatre of Action’’ to return minority. Passage of this legislation is very much. Let me express my appre- to the people and the place he has so vital. Since it appears there will be a ciation for your extraordinary assist- ably represented. lameduck session after the election, I ance and help and collegiality. I wish Anyone who knows Senator ALLARD will work with my colleagues to bring you well. You represent the very high- knows he is a big believer in keeping this legislation, if possible, to that est traditions of integrity, dedication close contact with the people he rep- lameduck session to get it passed. We and decency and I wish you well. resents. As a member of the Colorado have to help these Americans. Thank you. State senate, he passed legislation lim- In summary, if we could afford to au- Mr. ALLARD. I thank the Senator iting the length of legislative sessions thorize $700 billion last evening to as- very much. The Senator from Rhode Is- to 120 days to better ensure that State sist financial forces to unclog credit land is one individual I am going to lawmakers stayed in touch with their markets, to begin to provide support miss being able to work with. constituents. for the economy, then we certainly can Mr. President, I wish to make some After election to the Senate, he made afford to help individuals who are look- remarks about leaving the Senate, but a promise to Coloradans that he would ing for work and can’t find it and are I do see the top Republican is here. visit every one of the State’s counties desperate. It is only right. I hope we Mr. MCCONNELL. Mr. President, will every year—a promise he kept, keeping can do that when we return. my friend yield for a question? him in sync with Colorado sympathies I yield the floor. Mr. ALLARD. Yes. and values. The PRESIDING OFFICER (Mr. Mr. MCCONNELL. I was wondering: I Even more impressive are the 700 BROWN). The senior Senator from Colo- came to speak on behalf of my good town meetings across Colorado that rado is recognized. friend, our senior Senator from Colo- Senator ALLARD has held since his elec- f rado. I wonder if he would object to my tion to the Senate. going ahead and making my comments As a Senator, he has hosted the Al- TRIBUTE TO SENATORS about him prior to his speech? Or lard Capital Conference, which brings JACK REED would that create a scheduling problem Colorado community leaders to Wash- Mr. ALLARD. Mr. President, I wish for the Senator from Colorado? ington to see the workings of the Fed- to make a comment about the Senator Mr. ALLARD. Mr. President, that eral Government up close—and to keep from Rhode Island before he leaves the does not create a problem for me and, the Federal Government accountable floor. I have had the distinct privilege I say to the Senator, I appreciate your to the people who elected them. of serving with my colleague on a num- willingness to come down and say a few If I may add, I have had the pleasure ber of committees during my tenure in words. When you are finished, I also of speaking to the Allard Capital Con- the Senate. I want the people of Rhode would like to say how much I have ap- ference attendees on more than one oc- Island to know what a class act he is in preciated your leadership on the Re- casion, and I have always admired how representing their State in the Senate. publican side. I think you have been a Senator ALLARD has stayed tied to It has been a thrill to be able to work superb leader. I think we have been for- communities across Colorado. He is al- with him on issues. We were on a cou- tunate to have your leadership in the ways seeking to bring them closer to ple subcommittees together and actu- Senate during some very tough times. their elected representatives. ally shared the chairmanship and rank- A lot of leaders have come and gone. I For 12 years, Senator ALLARD has ing position depending on who was in have always felt comfortable in sup- been a strong voice for returning power control of the Congress at that time, porting you all along. Sometimes I can from Washington back to the people whether it was Republicans or Demo- be frustrating because of my commit- and to the States. He has been a strong crats: the Personnel Subcommittee and ments to my constituents and maybe voice for lower taxes and lower Federal the Strategic Forces Subcommittee, my commitment to my issues, but you spending. Hailing from the Rockies, he both very important subcommittees in have been very tolerant of me, and I has been a strong defender and pro- the Armed Services Committee. Then appreciate that very much. tector of our environment.

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He maintained his successful WAYNE, we all wish you the best of many of my colleagues in the Senate, practice while serving as a State sen- luck for whatever the future holds. You as well as visitors to our office, to talk ator, and was elected to the House of will always have friends in the Capitol. to me about their favorite pet. So it Representatives for three terms start- We look forward to seeing you and has been a wonderful experience. ing in 1990. Joan in the coming years. This is the greatest legislative body I have had the pleasure of working The PRESIDING OFFICER. The sen- in the world. It is an honor to serve alongside WAYNE on many issues over ior Senator from Colorado. here. There are a lot of dedicated em- the years. We have been allies in push- MITCH MC CONNELL ployees who have helped me get things ing the Department of Defense to safe- Mr. ALLARD. Mr. President, I thank done in this body. They put their own ly and efficiently dispose of deadly the Senator from Kentucky for his political preferences aside and thought chemical weapons stored in the Blue more than generous remarks. Joan and of the well-being of the institution. Grass Army Depot in Kentucky and the I have been thrilled to have been able They have always been very polite and Pueblo Depot in Colorado. to work with you and your lovely wife most supportive and helpful. I wish to I have watched with admiration as he on many issues. The people of Colorado thank them. fought to establish the Rocky Flats need to know I got things done in this I have had great employees in my of- National Wildlife Refuge, which is cru- body because of your help and your as- fice. I wish to mention that you get cial to preserving the natural habitats sistance. Many times we shared com- things done because of the people with of so many diverse species in Colorado. mon issues that we wanted to see move whom you surround yourself. I have That success came after he success- forward. But lots of times you were two members who are currently on my fully pushed, as a Member of the more than generous in giving me an op- staff who have served with me since I House, legislation to make the Rocky portunity to put forth my bills and my was first elected to the Congress. I was Mountain Arsenal site a wildlife ref- arguments on various bills, and I will elected to the House of Representatives uge, turning a site that was once a in 1990. They came in with me and manufacturing center for nerve gas and forever be thankful for that. I think the country needs to know worked with me on the House side for other chemical weapons into what is that in your wife and you we have two 6 years and then they came over here now one of the largest urban wildlife great leaders in this country. I brag and continued to work in my office for refuges in the Nation. about both of you when I get back to the last 12 years. I appreciate their WAYNE has fought to get aid for dedication. Those kinds of people don’t workers in Colorado who were exposed Colorado and talk about those people who I think have made a huge influ- come along everyday. They spent 18 to unhealthy amounts of radiation at years with me, bless their souls. The nuclear weapons facilities. He has also ence on this country and have set a two I speak of are Sean Conway and taken the lead on passing legislation to great example for Americans. Doris Morgan. Both of them have been preserve the Great Sand Dunes Na- So I thank you. I thank you for your dedicated staff people who have helped tional Park and Colorado’s Spanish continued leadership. I look forward to to make my service to the people of Peaks mountain area. With his retire- your continuing to serve in this body. America needs you, and the people of Colorado successful. ment, Colorado is losing a longtime There are also some staffers who champion of conservation and environ- Kentucky ought to be thankful they have such a fine Senator. joined me after I became a Senator in mental protection. 1997, in addition to the two I men- Senator ALLARD has been a con- Mr. MCCONNELL. Mr. President, I tioned, including Andy Merritt, who is sistent and strong supporter of our thank my good friend from Colorado. now my State director; Dick Poole, military and our national security in- Mr. ALLARD. I thank the Republican terests. He led the debate on estab- leader. who is one of my top staff people; lishing a system to protect America f Tewana Wilkerson, who has helped me on the Banking Committee; and Kris from ballistic missile attacks, and he FAREWELL TO THE SENATE has supported funding and rigorous Hanisch, who has helped us balance our testing for such programs. Mr. ALLARD. Mr. President, I would books as well as helping us to move He has passed legislation multiple like to now wrap up with a few com- through the maze here in the Senate. times to improve the system of voting ments. I have now spent 12 years in the We do have our own little bureaucracy for our men and women in uniform Senate, 18 years in the Congress all to- in the Senate. She knows it and under- serving overseas, making sure the gether, when you consider the 6 years I stands it and has helped us move brave warriors who protect America served in the House of Representatives. through it. She has been my office are heard when it is time to elect I can say it has been a great experi- manager and has kept us on the America’s leaders. ence. In my view, I have represented straight and narrow. I appreciate the With all these accomplishments, and the best State in the Union. We refer to dedication of all of the employees who many more, the senior Senator from it as the ‘‘Centennial State’’ because it have worked with me. Colorado is going to leave some very joined the Union exactly 100 years after I have a great group of employees big shoes—maybe it is better to say we became the United States. currently serving me in my office. We boots—to fill come next January. It has always been enjoyable to talk have had a number of people who have He is also going to leave behind many to my colleagues and talk to visitors to come and gone, but I never felt it was friends. I am proud to call myself one the Capitol about my State of Colorado because they were disappointed in hav- of them. Elaine and I have enjoyed get- because they have usually had great ing to work in our office. When I talked ting to know WAYNE and Joan and experiences when they have visited my to people who came to work as employ- their family over the years. We have State. It is a tourist attraction. We ees in my office, I would say: If your had a chance to have dinner together have a lot of things that bring people ultimate goal is to work in a Senate of- from time to time, just the four of us. to Colorado. It is a beautiful State. fice, I want you to rethink your goals. We will miss the common sense and People have great vacations when they I want you to get an experience here grace they have brought to our Na- go there, and they are more than anx- that will help you grow once you leave tion’s Capital. ious to share their wonderful experi- the Senate, so you can be a better cit- We are sorry to lose such a fine Sen- ences with me, share the wonderful and izen, so you can contribute more fully ator. But as WAYNE has said himself welcoming attitude they experienced to whatever path you decide to assume about his pledge on term limits: A from the people of Colorado, and share once you leave this great body and promise made should be a promise with me how much they have enjoyed leave our office. So I have always tried kept. visiting the great State of Colorado. to encourage them to think about

VerDate Aug 31 2005 04:35 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.016 S02OCPT1 rfrederick on PROD1PC67 with SENATE S10404 CONGRESSIONAL RECORD — SENATE October 2, 2008 where they want to go. We have had Mexico will miss him. I consider it an was large and they were having more employees who have worked in my of- honor and a pleasure to have served fun back there than I was, up front try- fice, continued their education, and with him. ing to conduct the meeting. People have become very outstanding. I have a JOHN WARNER loved Joan as they got to know her number of former staff people who are Senator WARNER I mentioned earlier. throughout the State of Colorado. Her actually serving in elected office; I We couldn’t ask for a greater states- dedication to me and to her family and think some five or six people right now man. He has made a number of trips to the people of Colorado is remarkable who are serving. They decided to go Colorado. I worked with him on the De- and unique. We are known as partners back to Colorado and pursue elected of- fense Authorization bill. He has been here in the Senate. Wherever I go, Joan fice. I congratulate them, as they are more than considerate and helpful to is very close by, and people are used to very active citizens in their commu- those issues that are important to Col- seeing us both at receptions. Many nities. orado. He has been supportive on mat- times I was invited to events where they wanted me to come alone. I said: I wish to mention some of the com- ters that we worked on for Fort Carson No, I want my wife with me, and if you mittee chairmen I have had an oppor- and for Peterson Air Force Base and can’t accept my wife, maybe we won’t tunity to work with. One of the com- the Air Force Academy and the many make the reception, because she is mittees I was successful in getting on other issues involving the military and somebody who I didn’t want to be di- was the Budget Committee, with PETE military installations we have in Colo- vorced from this process. She has been DOMENICI as chairman, and then JUDD rado. He has been tough at times, but willing to make a personal commit- GREGG following him, and now we have his leadership has been greatly appre- ment in time and in supporting me in Senator KENT CONRAD. All of these ciated by me. I think the Senate and my work. So I wanted to make sure chairmen have been very gracious and the country have been blessed because that the responsibilities of serving in helpful in working with me on issues. Senator WARNER has been willing to the Senate didn’t drive a wedge be- Then I have had the chance to serve dedicate so much of his time and effort tween what a wonderful relationship on the Armed Services Committee. to making this a better country, a we have had. She worked side by side Senator JOHN WARNER, a great friend, stronger country. He is somebody I am with me at the veterinary hospital. We and somebody who is retiring and who very proud to have been able to serve worked and met the challenges of rais- has been very helpful, served as the with. chairman of that committee while I ing two wonderful daughters whom we LARRY CRAIG was on the Armed Services Committee. are very proud of, and now we are see- I also served on the Banking Com- Also retiring is Senator LARRY CRAIG ing grandsons coming up. So I couldn’t mittee. The first chairman I served from Idaho, another westerner with have asked for a more dedicated wife. under was Phil Gramm and then RICH- whom I found a lot in common. He and We still have a lot ahead of us. I am ARD SHELBY and now CHRIS DODD. I I both have strong agricultural roots. very pleased that she was willing to have to say I have been blessed with He has been a very strong advocate of take an interest in my job of rep- great leadership on all of those com- those issues important to the West and resenting the people of Colorado. mittees. his State of Idaho. Again, I have appre- The first vote I took in the House I also served on the Intelligence ciated working with him on national and in the Congress was on whether to Committee. I served with Senator park issues and public lands issues. He authorize the first Gulf War in 1991. SHELBY, who was chairman, and Sen- is a superb individual. That was a tough vote. I have now pos- ator Kerrey who was ranking member CHUCK HAGEL sibly cast my last vote on the eco- at the time I served on the Intelligence Another individual I wish to recog- nomic bailout or the stabilization act Committee. nize who is retiring is Senator CHUCK we voted on yesterday. So my congres- Now I serve on a different committee HAGEL from Nebraska; again, one of sional career has been bookended by this Congress, the HELP Committee. It the neighboring States of Colorado. hugely significant votes that have deals with health, education, pension The State of Nebraska is downstream humbled me in terms of the trust the and labor issues. My well-known col- from Colorado. So we have ribbed each people of Colorado have granted. I wish league here in the Senate, Senator other a little bit about water issues. to thank the people of Colorado who KENNEDY of Massachusetts, is chair- Basically, though, we have been part- have been supportive and who have ex- man of that committee. He is a won- ners on water issues. We have been able pressed their views to me in my town derful person and someone whom I to work together on many issues that meetings, letters, e-mails, faxes, and greatly appreciate and who has spent a have improved the management of phone calls. My office has sent out lot of time in Colorado, I might say. water in the Platte River drainage sys- roughly 2.1 million constituent letters I also serve with my very good friend tem, which is one of the many rivers since I was sworn in. I say honestly who was chairman of that committee that originates in Colorado and flows that I relish every opportunity to hear for a while, Senator ENZI. I couldn’t downstream. I also worked with Sen- from and explain myself to the people of Colorado. Even those who weren’t ask for a better friend. He is from Wyo- ator HAGEL on the Banking Committee. ming, a neighbor of Colorado. So we He was one who pushed early on for the supportive and who expressed those views in town meetings, letters, e- had many issues in common, and both reform of Fannie Mae and Freddie Mac. mails, faxes and phone calls, I thank Joan and I consider Diana and MIKE He brought to this institution a great them for that. ENZI as our very good friends. deal of experience. Again, he has de- I have no regrets and leave this insti- PETE DOMENICI cided to retire the same year as I have. tution with a clear conscience. I feel as I wish to say a few things about those I will always remember Senator CHUCK though I have been true to my cam- people who are retiring, starting with HAGEL and our relationship and how we paign promises and have worked to Senator PETE DOMENICI, who I men- have been able to work together, I hold down taxes, hold down spending, tioned was my chairman on the Budget think for the betterment of both of our hold down the growth of government Committee. I have worked with him States. here in Washington, and I have fought also on the Appropriations Committee. I would be remiss if I didn’t brag to balance the budget. I feel as though I worked with him on energy issues and about my partner and my wife, Joan I have worked to defend local control issues that are common to New Mexico Allard. Joan has spent much of her and keep America strong. I have kept and the State of Colorado. His service time being with me, whether I have in mind private property rights and the here in the Senate has been remarkable been in Colorado or here in the Senate. power of the State in managing its own and dedicated. The West has been Senator MITCH MCCONNELL talked water resources. blessed that we have had such a good about the town meetings she attended. It is time to say goodbye and wish spokesman as Senator DOMENICI out She attended about as many of those my colleagues the very best, and to there, carrying many of the issues that town meetings as I. It has been kind of wish my successor, whoever that might are important to his neighboring embarrassing at times because some- be, the very best. It is time for Joan States, as well as New Mexico. The in- times the number of people who came and me to move on, hopefully return- stitution will miss him. I am sure New just to see her in the back of the room ing to a future in the private sector. I

VerDate Aug 31 2005 04:35 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.018 S02OCPT1 rfrederick on PROD1PC67 with SENATE October 2, 2008 CONGRESSIONAL RECORD — SENATE S10405 came to Washington with small busi- table, with no intervening action or de- they will die because they did not get ness experience, and I hope to continue bate, and that any statements relating a transplant—a kidney, heart, lung. working in the business sector. The to the bill be printed in the RECORD. They will die. challenge, as I see it, is for future Con- The PRESIDING OFFICER. Without I have worked on this issue for many gresses to protect the freedom that objection, it is so ordered. years. I recall some long while ago I continues to create opportunity for us The bill (H.R. 6296) was ordered to a worked on legislation that required and future generations and to ensure third reading, was read the third time, every tax refund that went out to the that we have a secure America. and passed. American people in that year to be ac- May God bless America, and may God f companied by a little sheet that told bless Congress’s future endeavors. you how you could become an organ I yield the floor and suggest the ab- LET OUR VETERANS REST IN donor, how you could sign up. Seventy sence of a quorum. PEACE ACT OF 2008 million Americans got a little piece of The PRESIDING OFFICER. The Mr. DORGAN. Mr. President, I ask information on how to sign up to be- clerk will call the roll. unanimous consent that the Senate come an organ donor. On my driver’s The legislative clerk proceeded to proceed to the immediate consider- license in my wallet, it says ‘‘donor.’’ call the roll. ation of Calendar No. 778, H.R. 3480. It is pretty easy to do for most Ameri- Mr. DORGAN. Mr. President, I ask The PRESIDING OFFICER. The cans. unanimous consent that the order for clerk will report the bill by title. As I indicated, two-thirds of those on the quorum call be rescinded. The legislative clerk read as follows: the waiting list are waiting for a kid- The PRESIDING OFFICER. Without A bill (H.R. 3480) to direct the United ney. Many will die before they get one. objection, it is so ordered. States Sentencing Commission to assure ap- On the day the legislation that in- propriate punishment enhancements for f formed 70 million people how to be- those involved in receiving stolen property come an organ donor passed, I held a INMATE TAX FRAUD PREVENTION where that property consists of grave mark- press conference with a group of my ACT OF 2008 ers of veterans, and for other purposes. colleagues. Senator Strom Thurmond Mr. DORGAN. Mr. President, I ask There being no objection, the Senate came to the press conference. I believe unanimous consent that the Senate proceeded to consider the bill. Strom Thurmond was 90 years old then. proceed to the immediate consider- Mr. DORGAN. Mr. President, I ask He came to the press conference to sign ation of H.R. 7082, which was received unanimous consent that the bill be a big plaque we had, to sign up as an from the House. read a third time and passed, the mo- organ donor at age 90. The PRESIDING OFFICER. The tion to reconsider be laid upon the You had to know Strom Thurmond to clerk will report the bill by title. table, with no intervening action or de- understand the irony. He was a re- The legislative clerk read as follows: bate, and that any statements relating markable American, a remarkable A bill (H.R. 7082) to amend the Internal to the bill be printed in the RECORD. Member of the Senate. At age 90, he Revenue Code of 1986 to permit the Secretary The PRESIDING OFFICER. Without signed an organ donor card, and here is of the Treasury to disclose certain prisoner objection, it is so ordered. what he said: When I am gone, I don’t return information to the Federal Bureau of The bill (H.R. 3480) was ordered to a know if I have anything anybody Prisons, and for other purposes. third reading, was read the third time, wants, but they are welcome to it. There being no objection, the Senate and passed. That was his notion of an organ donor proceeded to consider the bill. The PRESIDING OFFICER. The Sen- card, and he signed up. Mr. DORGAN. Mr. President, I ask ator from North Dakota is recognized. The fact is, not just in memory of unanimous consent that the bill be f our wonderful colleague, Stephanie read three times and passed, the mo- STEPHANIE TUBBS JONES ORGAN Tubbs Jones, but in pursuit of doing tion to reconsider be laid upon the TRANSPLANT AUTHORIZATION the right thing. We can save a lot of table, with no intervening action or de- ACT OF 2008 lives by passing this legislation. This bate, and that any statements relating legislation will authorize an increase to the bill be printed in the RECORD. Mr. DORGAN. Mr. President, trag- in the Federal contribution that has The PRESIDING OFFICER. Without ically, a month and a half ago, we lost been the same since 1984. The Federal objection, it is so ordered. a wonderful colleague of all of ours, contribution to the Organ Procurement The bill (H.R. 7082) was ordered to a Stephanie Tubbs Jones—Stephanie and Transplantation Network. third reading, was read the third time, Tubbs Jones was a member of the U.S. The Federal contribution to that net- and passed. House of Representatives, a wonderful work was $2 million in 1984, and that is Congresswoman who, whenever you f what it is today. This legislation pro- met her, had a big, broad smile on her poses an increase in that authoriza- EXTENDING THE AUTHORITY OF face. She obviously loved her work on tion—not a major increase but an in- THE FEDERAL ELECTION COM- behalf of her country. All of us miss crease that will allow us to do greater MISSION her. work to try to match those available Mr. DORGAN. Mr. President, I ask There is legislation called the Steph- organs with those who desperately unanimous consent that the Rules anie Tubbs Jones Organ Transplant need a donation. Committee be discharged from further Authorization Act of 2008. I have The good news is that patients no consideration of H.R. 6296, and the Sen- worked on it in the Senate. I provided longer have to wait for someone to die, ate proceed to its immediate consider- a companion bill in the Senate. Yester- for example, to get a kidney. Living ation. day, I worked with Dr. COBURN on the donations and paired donations have The PRESIDING OFFICER. Without other side to resolve any differences. I dramatically increased the number of objection, it is so ordered. The clerk understand it is still being reviewed. kidney donations every year. That is will report the bill by title. My hope is that this legislation will be saving lives and, by the way, saving The legislative clerk read as follows: enacted today. Let me describe the im- taxpayers money. The cost of renal di- A bill (H.R. 6296) to extend through 2013 the portance of this legislation. alysis is very high. authority of the Federal Election Commis- We have more than 99,000 Americans I come to the Senate floor today only sion to impose civil money penalties on the right now awaiting organ transplan- to say this is a very important piece of basis of a schedule of penalties established tation. They are on a waiting list to legislation for tens and tens of thou- and published by the Commission. find an organ. In fact, two-thirds of sands of people in this country who There being no objection, the Senate those on the waiting list are waiting even now are waiting for an organ proceeded to consider the bill. because they suffer from end-stage transplant, some of whom will die be- Mr. DORGAN. Mr. President, I ask renal disease, and they are waiting for fore they get it. We can save many unanimous consent that the bill be a kidney transplant. About 6,000 who lives with this legislation. read three times and passed, the mo- are on that waiting list will die this My hope is that at the end of today tion to reconsider be laid upon the year. We know how to save them, but we will have cleared the bill on both

VerDate Aug 31 2005 01:24 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.019 S02OCPT1 rfrederick on PROD1PC67 with SENATE S10406 CONGRESSIONAL RECORD — SENATE October 2, 2008 sides and then send it back to the Before that, you have to go back to them. They understand intuitively House. They will then clear it tomor- July 1992 when the Nation’s unemploy- that people such as one of JOHN row because it has had a very small ment rate was 7.7 percent. The unem- MCCAIN’s chief economic advisers, change that we negotiated yesterday ployment statistics, as we know, only Carly Fiorina, was let go as CEO of a but not a material change. When we do count individuals actively looking for major company and was paid tens of that, we will have done something very work. It may be convenient to charac- millions of dollars as a bonus, as a important in terms of organ trans- terize the unemployed as lazy, then golden parachute, even though she was plants and the ability to save lives in you don’t have to help them. Appar- fired from this company. this country. ently, that is what my friends on the They understand that they have Mr. President, I yield the floor, and I other side of the aisle are doing who worked hard and played by the rules. suggest the absence of a quorum. blocked this extension of unemploy- What is really amazing about this eco- The PRESIDING OFFICER. The ment benefits. These are working peo- nomic crisis is that the elite in this clerk will call the roll. ple who cannot find work. These are country tell us over and over: If you The legislative clerk proceeded to plant shutdowns in Dayton. These are work hard, if you play by the rules, call the roll. major layoffs in Mansfield. These are then you are going to do all right. You Mr. BROWN. Mr. President, I ask people who simply cannot find jobs in are going to be rewarded. People in the middle class in this unanimous consent the order for the Columbus and Akron and Youngstown country have worked hard. They have quorum call be rescinded. and Toledo and Bowling Green and played by the rules. But when they The PRESIDING OFFICER (Mr. NEL- Findlay. These are people all over my look to Wall Street and the Bush regu- SON of Nebraska). Without objection, it State. These are men and women who lators, the Treasury Department, the is so ordered. want to support their families and save SEC, the people who were in charge, f for the future. These are people who they have gotten rid of the rules for want to work; they simply can’t find UNEMPLOYMENT INSURANCE Wall Street so the cowboy capitalists jobs in this economy. on Wall Street who don’t play by the Mr. BROWN. Mr. President, last These are people such as Terry, in rules get rewarded handsomely while night we passed an economic stabiliza- Holmes County, OH, one of the least the middle class in Tiffin, in Cam- tion plan that is intended to protect populous counties. A veteran, after 20 bridge, in St. Clairsville, the middle business, pensions, and jobs. I know years of service he wanted to return to from my State of Ohio, all too often I class in Circleville and Portsmouth, Ohio, which he did, and get his life and they play by the rules. They don’t get get plant shutdown notifications and family settled. His company laid off applications for shutdown assistance, rewarded even though that was the workers this past summer. He has been promise made by so many people in for worker retraining, for all kinds of looking for a job, but employers are responses to economic problems. What this country. These are people with simply not hiring. His unemployment real concerns and real families, from we did last night was particularly im- insurance ended in February. portant because of potential lost jobs. Gallipolis to Toledo, Cleveland to These are people such as Patricia Akron, Mansfield to Xenia. They are With that bill we are trying to prevent from Troy, OH, a small community an economic crisis. people who are at the end of the line, just north of Dayton in Miami County. and they are not alone. Last week, Republican Members of In Troy, that part of Ohio—Clinton this body, unfortunately, set the stage Across the country, 9.4 million work- County, Clark County, Montgomery ers are unemployed and looking for for another economic crisis. They set County, Miami County—that part of the stage for a crisis when they work, 2.2 million more than a year ago, Ohio is one of the hardest hit parts of the highest figure recorded, as I said, blocked a bill to extend unemployment the State and of the Nation. Patricia since December 1992, more than 15 insurance for millions of Americans from Troy put it better than I could. years ago. Even September 11 didn’t and their families. Congress must ex- She said: cause this kind of unemployment; 9.4 tend this insurance for Americans. We My husband is just another one of the million unemployed compared to 6 mil- have a bill to do that. I urge my col- 334,000 unemployed Ohioans. . . . I would like lion unemployed in January 2001. leagues to support S. 3507. to know what we are supposed to do without. If Congress doesn’t act this week, My friend from Rhode Island, Sen- Are we supposed to go without a roof over more than 800,000 unemployed people ator JACK REED, has introduced this our head? Are we supposed to go without will stop getting their much need bill that will provide an extension of food? Am I supposed to go without medica- tion or the medical care I need to survive? checks, including 22,000 people in Ohio. insurance for all States for 7 weeks, an Last night, this Senate, by a vote of additional 13 weeks for high unemploy- Unemployment compensation is an 74 to 25, more than half the members of ment States, which means those States insurance program, it is not a welfare each party, voted because we had to. that have an unemployment rate of at program. These are people, they and We voted. If we did not do this finan- least 6 percent. their employers, who paid into this un- cial stabilization package, we knew Think about the conditions, every- employment insurance fund. That is that pensions would be threatened, we where from Lima to Zanesville, Ash- why it is called unemployment insur- knew that student loans would dis- tabula to Middletown in my State, and ance. It has been with us for 75 years, appear or interest rates would go so States across the country—food prices since around the time of the beginning high they might as well disappear, and exploding, energy prices exploding, un- of the Great Depression. It matters for middle-class college students would employment benefits running out. If people. It helps not just those individ- lose the opportunity to go to school. that is not an economic crisis, an uals, it helps to bring money into our We knew that some small businesses American crisis—not just in Chil- community, money that will be spent would close and others would have to licothe and Ravenna, it is a crisis all on the necessities of life, will create lay off, costing States such as mine, over this State—then I guess I don’t economic activity, and will help us in which are so hard hit already, more know what the word ‘‘crisis’’ means. our economic recovery. People all over lost jobs. We knew that was what was Last month’s jobs report from the my State have asked me the kinds of happening last night. That is why we Labor Department showed that for the questions that Patricia asked. What passed that legislation. eighth straight month the country has am I supposed to do about medical The same people in the Treasury De- lost jobs. Eight months in a row we care? How am I supposed to go without partment and the Bush administration have lost jobs in this country. food? who relaxed the rules and betrayed our Tomorrow we will get the latest re- These people, Patricia and Terry, are country, betrayed the middle class, port. I am not looking forward to it. not paid spokespeople. They are not hurt families all over my State—those Just last week there were 493,000—al- lobbyists. They are watching the news. same people have blocked the exten- most a half million—new unemploy- They are seeing how Wall Street’s sion of unemployment benefits. That is ment claims filed, the largest number greed and mistakes have us in this cri- why we are not voting on it today be- since September 2001. We know what sis today. They understand intuitively cause every time we try, Republican happened that month. that people on Wall Street betrayed leaders say we can’t do unemployment.

VerDate Aug 31 2005 01:24 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.021 S02OCPT1 rfrederick on PROD1PC67 with SENATE October 2, 2008 CONGRESSIONAL RECORD — SENATE S10407 I don’t know if they think unem- its borders, it is defined by its people. I yield the floor, and I suggest the ab- ployed people are lazy. I don’t know if Millions of people are running out of sence of a quorum. they think because we provide them a unemployment benefits. They need our The PRESIDING OFFICER. The few dollars to get by until they can help, and they need it now. We cannot clerk will call the roll. find a job and keep their families claim to be American patriots and ig- The legislative clerk proceeded to going, keep their kids in school, keep nore the American people. It is not just call the roll. food on their tables, keep a roof over a strong military. It is not just pride of Mr. HARKIN. Mr. President, I ask their heads—I don’t know what they country or wearing an American flag unanimous consent that the order for think. They are not going to try to get pin. It is that, too, for sure. But patri- the quorum call be rescinded. a job if they get a few dollars unem- otism is helping our people. Patriotism The PRESIDING OFFICER. Without ployment? It is not like unemployment is a covenant we have between our objection, it is so ordered. is like a congressional pension. It is Government and our people. f That means if you work hard and not like unemployment compensation ECONOMIC STABILIZATION ACT is like a Carly Fiorina bailout or Carly play by the rules—if you work hard and Fiorina’s bonus for failing at her com- you play by the rules—you are able to Mr. HARKIN. Mr. President, last pany. It is not like this is a lot of get ahead. That means if your company night I reluctantly voted in favor of money that is going to keep people so closed, if your company laid off work- the Economic Stabilization Act. I want fat and happy that they do not need to ers and you happened to be one of the to emphasize the word ‘‘reluctantly.’’ I unlucky souls who got laid off, it may work. I do not get why they would do did so because the Nation’s financial be that the Government, your neigh- that. system faces serious challenges, and it Congress needs to extend unemploy- borhood, your country, your commu- was important for us to act. However, I ment benefits for unemployed workers. nity, can help you until you can find am under no illusion. While this rescue your new job. Workers, their families, We need to do it for those workers, for plan will likely calm and stabilize the their communities—we cannot con- those workers’ families, for those com- financial system, at least in the short tinue to ignore them. munities in which they live. It is in no term, it is not as strong as it should be When my Republican friends talk in terms of protecting taxpayers’ one’s best interests for Congress to about patriotism, they talk about twiddle its thumbs while more Amer- money, and it does not get at the un- whatever it is we need to do—tax cuts derlying problem of what got us here in ican families sink into poverty. An ex- for corporations, to provide jobs, all tension of unemployment insurance— the first place. that. They ought to start talking about Over the last week, I worked with a not welfare, insurance—was in the eco- workers because we know the wealth in nomic stimulus package last week. The number of other Senators to improve this country is created by productive this measure that was in the House, House may very well take up unem- workers. Workers in this country are ployment insurance extension before that the House turned down. For exam- more productive than they have ever ple, I joined with a group of Senators we adjourn. Here is why. been. They produce more wealth for If we are going to talk about stimu- in developing and creating a special in- their employers. It is time that they spector general to oversee the emer- lating the economy, there is no better shared—that employers, as their prof- gency efforts of the Treasury Depart- way to do it. Every dollar invested in its go up, even in not-as-good economic ment and to investigate the inevitable unemployment benefits leads to $1.64 in times, as their profits go up, it is time waste, fraud, and abuse as the bailout growth. This is not money that people more of that wealth was shared with goes forward. I say ‘‘inevitable’’ be- use to go out and buy a flat-screen TV workers. It is time those workers who cause when you have $700 billion slosh- made in China. This money, unemploy- are working their hearts out get a lit- ing around out there and you have one ment extension, is used for food; it is tle reward, playing by the rules, get person sort of deciding where it goes, used for books for their children and some advantage, get some opportunity, that just invites a lot of mischief. So clothes for their children. It is used to have the opportunity to get ahead. pay the rent. It is used to pay utility We have a responsibility to listen to we have this special inspector general bills. These are dollars that stay in the Americans who are not employed and to oversee that. That was a good addi- community, dollars which help the probably believe they have nowhere to tion. I am pleased that recommenda- local hardware store, help the local turn. They can turn to us. They should tion was included in the final bill. grocery store, dollars which provide turn to us. We should not turn our I am disappointed that the limits on other jobs in the community. There is backs on them. That is what too many executive compensation in the bill are no better stimulus than that. people in this institution, too many not as strong as I would have liked and The Congressional Budget Office says people at the White House, too many others would have liked. The final deci- extending unemployment benefits is people in this whole Bush-Cheney- sions on executive compensation are cost effective and fast acting. We al- McCain idea of how to run an econ- left to the Secretary, who, by his back- ready have the mechanism. We put omy—clearly, they have not done that ground, training, and everything, is money in the pipeline. The money gets good a job on Wall Street or on Main certainly no champion of limits on ex- into the community. It doesn’t take 3 Street. It is the way they may look at ecutive compensation. Look at his own months to send out a check. It is things. I got elected to the Senate in background, for example. I felt and money that can be put into the pipe- 2006 because people thought their coun- still feel we should have definitive, line right away. try betrayed them. They saw the drug hard limits on executive compensation. Unemployment benefits are spent to companies writing the Medicare laws; If they are going to come in here and sustain families so they do not need they saw the insurance industry writ- ask the taxpayers to bail them out, other forms of public assistance. It ing health care legislation; they saw they are, in fact, becoming, effectively, gives workers the resources they need the oil industry dictate energy policies; like Government employees, and they to put gas in their cars to go out and they saw Wall Street jam down the should not make anything more, I have look for work. I get letters all the time American peoples’ throats these job- often said, than the highest paid Gov- from people who literally cannot afford killing trade agreements. This Govern- ernment employee, who is the Presi- to buy gas so they can go out and look ment, this administration, has be- dent of the United States. If they do for a job, particularly in rural Ohio, trayed the middle class. not like it, they do not have to come to particularly in places such as Waverly We want a government where the us for the taxpayers to bail them out. and places such as Jackson and places public can turn to us, they should turn So that is something we are going to such as Ottawa and places such as Tif- to us, and we will not turn our backs. have to fix. fin. It is just too expensive to have to No, we will actually embrace them and Likewise, the final decision on ac- go looking for jobs in rural Ohio too work with them. We can start by ex- quiring stock in participating banks— often. tending unemployment insurance. Sen- that is, getting equity positions—is There is another reason to extend un- ator REED has a bill to do that. We crucial to protecting taxpayers’ employment benefits: patriotism de- should pass it. We should move on and money. The decision on what we do on mands it. Our Nation is not defined by begin to change this country. equity is left up to the Secretary

VerDate Aug 31 2005 01:24 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.034 S02OCPT1 rfrederick on PROD1PC67 with SENATE S10408 CONGRESSIONAL RECORD — SENATE October 2, 2008 again—either this Secretary or who- to the computers and all these President snapping his fingers, saying: ever follows this Secretary—and this ‘‘brainiac’’ people decided how much I want it. He gets $100 billion. Then, to Secretary has indicated he does not they would pay for these assets? That get access to the other $350 billion, favor the Government taking an equity is a very important point to know. there has to be a request from the stake. Well, I beg to differ. Again, if And, if we are to protect the taxpayers, President. Then Congress has 15 days in our taxpayers are being asked to put we need to fully understand all of the which to deny it. They get it, but we up their money and to put this debt on details about these financial paper we have 15 days in which to deny it. their children and their grandchildren, may be buying which may prevent our You might say: Well, that is some well, they and their children and overpaying. protection. It is. Except if we deny it, grandchildren ought to have an equity I brought that up with Secretary the President can override it. He can stake, and nothing less will suffice. Paulson in a meeting. I couldn’t be- veto that. Then we have to have a two- Again, that is something else that has lieve his response. His response was: thirds vote to override the veto in both to be fixed. We can’t do that because a lot of times Houses. So this is heavily skewed to- In addition, I am disappointed that they don’t even know how they got ward letting the executive branch de- banks are still not required by law to there. cide on the full $700 billion. This is open their books so we can determine That is true. You can ask a lot of something we ought to come back and how they valued the assets the Govern- Senators who were in that meeting fix when we return in January. Again, ment will be purchasing. We need full when I asked the question. That was there were some questions raised about disclosure and transparency from par- his response. They don’t even know that $700 billion. ticipating institutions. If we are going how they got there. I was interested to read in Forbes, to invest taxpayers’ money in these I am sorry. They do know how they September 23, it says: banks and acquire their debt portfolios, got there. If they flipped a coin, they In fact, some of the most basic details, in- then we need to know the details of ought to tell us that is what they did. cluding the $700 billion figure Treasury their methods and their proprietary But I don’t think that happened. It would use to buy up bad debt, are fuzzy. ‘‘It’s models for placing values on those happened because they had internal ac- not based on any particular data point,’’ a portfolios. It is not enough for them to counting structures and computer Treasury spokeswoman told Forbes.com give us the balance sheet. That is not models that they used to decide how Tuesday. ‘‘We just wanted to choose a really enough. What we need to know is how much to pay for an asset, to buy it or large number.’’ they got there in the first place, what not, how much to put it on their books So the $700 billion, where did it come models they used internally to decide as, maybe sometimes how much to sell from? They wanted a large number. how they would place the value on a it at. That is what we need to know. Tell that to the taxpayers. certain asset, how they decided how Don’t tell me they don’t have that in- I ask unanimous consent that this ar- much to pay for a certain asset and formation. They do. I know it is propri- ticle from forbes.com entitled ‘‘Bad how much to sell that asset to someone etary but, nonetheless, if they are com- News for the Bailout,’’ be printed in else. ing to us asking us to buy these assets, the RECORD. Therein lies perhaps some of the an- we have to know how they got there. If There being no objection, the mate- swers to the questions of how we got we know that, then that helps us next rial was ordered to be printed in the here in the first place. Again, there is year when we come back to change the RECORD, as follows: nothing in this bill that would require fundamentals, to put in more regula- [From Forbes.com, Sept. 23, 2008] them to do it, but they have to be tion, more oversight of financial mar- BAD NEWS FOR THE BAILOUT forced to do that. You will hear: There kets, which we have to do. But if we (By Brian Wingfield and Josh Zumbrun) is transparency; we put transparency don’t know how they got there, how Lawmakers on Capitol Hill seem deter- in the bill. The transparency is in are we going to know, as makers of mined to work together to pass a bill that terms of the Secretary buying the as- public policy and protecting the tax- will get the credit markets churning again. sets and how that is done and it is all payers in the future, what we need to But will they do it this week, as some had open and aboveboard. There is nothing do in the regulatory scheme? I am dis- hoped just a few days ago? Don’t count on it. in this bill that requires transparency appointed that we don’t have that. ‘‘Do I expect to pass something this to look at their books to see how they There is one other aspect of this bill week?’’ Senate Majority Leader Harry Reid, that troubles me. That is the fact that D-Nev., mused to reporters Tuesday. ‘‘I ex- got there in the first place. pect to pass something as soon as we can. I Ask yourself this question: You have we put all the $700 billion basically out think its important that we get it done a company. For a number of reasons, there on the table. Again, Secretary right, not get it done fast.’’ you are going underwater, you are Paulson was asked by Senator SCHU- Sen. Sherrod Brown, D-Ohio, says his office going bankrupt. You go to a bank to MER of New York, was he going to has gotten ‘‘close to zero’’ calls in support of get a loan to get back on your feet, spend all that $700 billion in the first the $700 billion plan proposed by the admin- hopefully to get up and operating couple weeks. He said, no, it will take istration. He doubts it’ll happen imme- again. Is the bank going to be satisfied about $50 billion a month. This raised a diately either. ‘‘I don’t think it has to be a with looking at your balance sheet, lot of questions in my mind and the week’’ he says. ‘‘If we do it right, then we need to take as long as it needs.’’ your assets and debits? No. The bank is minds of others. If it is $50 billion per The more Congress examines the Bush ad- going to want to know what got you in month, why do we to have give you 700? ministration’s bailout plan, the hazier its trouble. Why are you here seeking our Why don’t we give you $50 billion for outcome gets. At a Senate Banking Com- help? What were you doing there that the next 4 or 5 months, and then we mittee hearing Tuesday, lawmakers on both got you into this trouble? Let’s look at will sunset it and take a look at it, see sides of the aisle complained of being rushed all your books. No bank is going to how it works. If it works, come back. to pass legislation or else risk financial loan you money based upon your bal- Congress, I am sure, would be more meltdown. ance sheet, if you are underwater, de- than happy then to debate it and ex- ‘‘The secretary and the administration need to know that what they have sent to us claring bankruptcy or about to. tend this. I thought that was a good is not acceptable,’’ says Committee Chair- We are the bank now, the taxpayers. proposal. In other words, put out 5 man Chris Dodd, D-Conn. The committee’s The Federal Government is now the months’ worth, put out $250 or $300 bil- top Republican, Alabama Sen. Richard Shel- bank. When they come to us and they lion, sunset it, come back in February. by, says he’s concerned about its cost and have assets and they put in this reverse Let’s see how it is working. Is this whether it will even work. auction, we ought to say: OK, let’s take working? Is it not working? Then make In fact, some of the most basic details, in- a look at your books; not just your bal- the decision whether we want to put cluding the $700 billion figure Treasury ance sheet, but how did you get to the another $350 billion of taxpayer money would use to buy up bad debt, are fuzzy. valuation of those assets? How did you ‘‘It’s not based on any particular data out there. point,’’ a Treasury spokeswoman told come by those assets? What did you What happened, finally, in the bill is Forbes.com Tuesday. ‘‘We just wanted to pay for those assets? Why didn’t you a scheme that they put out, I think, choose a really large number.’’ pay that much for those assets? What $250 billion right now. The Secretary Wow. If it wants to see a bailout bill passed was the model you used when you went can get another $100 billion by the soon, the administration’s going to have to

VerDate Aug 31 2005 01:24 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.036 S02OCPT1 rfrederick on PROD1PC67 with SENATE October 2, 2008 CONGRESSIONAL RECORD — SENATE S10409 come up with some hard answers to hard The fact is, the choice was either to pact purchases made before that point. questions. Public support for it already vote for the bill, despite its flaws, or do Now you are paying 28 percent on seems to be waning. According to a Ras- nothing, and doing nothing was not an items you buy. So many people have mussen Reports poll released Tuesday, 44 acceptable option. I am hopeful that in been hooked on this, using their credit percent of those surveyed oppose the admin- istration’s plan, up from 37 percent Monday. the short term this rescue package will cards. So we have to do something Treasury Secretary Henry Paulson and work to calm markets and restore con- about the credit card debt. Federal Reserve Chairman Ben Bernanke, fidence in the financial system and There is a bill called the Credit Card who testified before the Senate committee loosen up on what is called the liquid- Accountability, Responsibility and Dis- Tuesday, will get a chance to fine tune their ity crisis. We are hearing of instances closure Act, the CARD Act, of which I answers Wednesday afternoon, when they ap- where small businesses in Iowa cannot am a cosponsor. As we come back in pear before the House Financial Services get the funds that they need. We are January and February, that is some- Committee. A spokesman for House Speaker Nancy hearing about construction projects thing else we are going to have to in- Pelosi, D-Calif., says she is optimistic that that are being cancelled. That is cost- corporate into this so-called bailout. the House will pass a bill this week. But that ing jobs in my state. I hope it will have There is one other thing we will have doesn’t mean the Senate, which is by nature an effect worldwide of calming things. to do. I was sorry to see it lost in the more sluggish than its larger counterpart on But I also hope and insist that we come Senate earlier this week. That is the the other side of Capitol Hill, will be so back early next year to strengthen and stimulus package. We had a package to quick to act. improve the rescue framework. I will put money in at the bottom, let it per- Mr. HARKIN. With all my concerns, be working with others to do that. As colate up, by helping people with ex- why did I vote for the bill? For the fol- I said, we need to strengthen the eq- tending their unemployment benefits lowing reasons: We did get a change in uity position of taxpayers. We have to which has the biggest bang for the the Federal Deposit Insurance Corpora- redo that $700 billion and how that is buck in terms of economic stimulus. tion insurance on banks. It was raised parceled out. We have to be stronger on People on food stamps, investing in re- from $100,000 to $250,000. That is even executive compensation and equity. building our schools, our roads, too low. That is an inflationary in- We need to look, at that point in bridges, our sewer and water systems, crease. That is where FDIC would be time, at whether we want to also use that goes directly to people, and it today in their insurance on deposits in this money, rather than going in at the helps stimulate the economy and puts banks if, in fact, it had kept pace with top, maybe to go in at the bottom, to people to work. That bill had a inflation. Quite frankly, it would be help homeowners with their mortgages. pricetag of about $56 billion. That is more than that. I think it ought to be I have often said there were two ways not chump change. That is lot of at least $1 million. Some people are ad- of approaching this bailout. You put it money: $56 billion. But do you know, in vocating that it ought to be removed in at the top, and it trickles down or what we just voted on last night with completely. Ireland did that. They you put it in at the bottom and it per- $700 billion, $54 billion is, what, not raised their deposit insurance com- colates up. I would prefer putting it in quite 8 percent of what we voted on pletely off all the banks. I don’t know at the bottom and letting it percolate last night, which we turned down ear- if I would go that far, but it ought to up. We know that trickle-down eco- lier this week to stimulate the econ- be at least a million or so because I nomics has failed this country time omy by putting people to work. Well, I think depositors would be more com- and time again. As one worker told me think we have to come back and do fortable choosing smaller retail banks once, he said: You know, I have heard that again next year. That is to stimu- and community banks. Smaller inde- all about this trickle down. I have been late our economy. pendent banks have more conservative waiting. I haven’t felt a drop. I would But there are some other provisions investment standards. They are better settle for a heavy dew. I haven’t even in the rescue bill that are extremely regulated. They are more likely to lend seen that. important and valuable. The bill in- to small businesses and manufacturers We know what works. We know that cludes a number of tax provisions im- which are the backbone of our Amer- when you put money in at the bottom, portant to Iowans in particular, includ- ican economy. Again, many of the it does percolate up. Our whole econ- ing energy production tax credits for independent banks in Iowa and around omy is strengthened because of it. producers of wind energy and biomass the United States do a darn good job of When we come back, that is what we energy. That will create a lot of new investing depositors’ money. They in- have to do in January and February, jobs in Iowa and continue the jobs we vest it in local businesses, manufactur- change this thing around. have. ers, startup companies or expansions, I might mention one other thing. They are important tax provisions, the backbone of the American econ- When we come back, we have to do added by my colleague, Senator GRASS- omy, sort of where the rubber meets something about credit card debt. I LEY, on the Finance Committee that I the road, where people get jobs. Yet keep hearing everyone talking about a have been a strong supporter of, to help they are limited to $100,000 right now. credit crunch. When I talk to my con- the victims of the floods we had in At least this raises it to $250,000, and it stituents about a credit crunch, they Iowa, to help them get back on their should be a lot more. Depositors would think I am talking about credit cards. feet, to help the small businesses get feel more comfortable putting money I was told there is something floating back on their feet. It is vitally impor- in those banks. around this country, nine credit cards tant to get our economy going back in Right now big depositors feel very for every individual. I don’t know if the State of Iowa. That was in the bill comfortable putting $20 million in that is true, but that is what they say. last night. Citibank. Why? Their deposits are not I read that. We know there are too There is also a provision in there to guaranteed, but they know Citibank is many credit cards. We know credit improve the prospects for the construc- too big to fail. We now know some of cards are too easy to get. One of the tion of ethanol pipelines—something these banks are now going to be— reasons they are so easy to get is be- vitally important to the fledgling JPMorgan Chase—too big to fail. Let’s cause the interest rates are out of biofuels industry that I have led on. It put all our money there. The Govern- sight, and people don’t know what they is important to get ethanol back to the ment is not going to let them fail. are being charged for interest on their east coast, where a lot of people live, Quite frankly, I believe very strongly credit cards. These young people get from the Midwest where we produce it. that a lot of our smaller, independent credit cards sent to them as soon as That was also in the bill last night. banks do a much better job of investing they graduate. They get one after an- In addition, there was another thing our money than some of the New York other. Credit cards are easy to use. in that bill last night that we have banks that used to be investment Then you get the bill, but you can roll been trying to do for many years banks but now want to become deposi- it over and pay it next month. OK, around here, and that is to get mental tory banks. I was happy to at least maybe I can do that. But they don’t re- health parity. In other words, if you raise the FDIC to $250,000. I think it alize that 12 percent or 15 percent this have health insurance, they would should be higher, but at least that is month can rise up to 28 percent; and treat mental health, an addiction, just better than nothing. not just for the next month, it can im- the same as they would any other

VerDate Aug 31 2005 04:35 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.001 S02OCPT1 rfrederick on PROD1PC67 with SENATE S10410 CONGRESSIONAL RECORD — SENATE October 2, 2008 health problem. We have been trying to lems we have in our financial institu- into a much larger challenge: reassembling get that for years, and we finally got it tions rather than what we did last the architecture of the financial markets, in the bill last night. That will make night be printed in the RECORD. It is a which seemingly requires giving the Treas- sure families struggling with mental letter that was sent to the Speaker and ury secretary nearly a trillion dollars and extraordinary latitude to pick winners and illness do not have that challenge com- the President. They said: losers. pounded by having to pay for it out of As economists, we want to express to Con- There is an easier and more politically pal- their pockets. It will be covered by gress our great concern for the plan proposed atable fix: Pay off all the delinquent mort- their insurance. It is named after Sen- by Treasury Secretary Paulson to deal with gages. ator Paul Wellstone and Senator PETE the financial crisis. . . .We see three fatal The financial crisis is a liquidity crisis, pitfalls in the currently proposed plan: yes, but it is ultimately a product of home- DOMENICI, both of whom worked very (1) Its fairness. . . . owner failures to pay. Unless this funda- hard to get it passed. (2) Its ambiguity. . . . mental problem is fixed, we will continue to Well, Mr. President, it was an over- (3) Its long-term effects. . . . see—and need to treat—the symptoms. The whelming, bipartisan vote last night. So, Mr. President, I ask consent that proposed bailout ignores this. Yet the sum There are a lot of reasons we need to this list also be printed in the RECORD being demanded from taxpayers is almost come back, as I said, next year and to show that—again, the one thing that certainly more than sufficient to pay off all make some changes, and we will do currently delinquent mortgages. bothered me in the hearings we had on If the government did this, all the complex that. Hopefully, as I said, this will this plan is, we only heard from the ad- calm the markets. derivatives based on these mortgages would ministration. We only heard from peo- be as good as U.S. Treasuries. Their fair Now, Mr. President, I want to ask ple who were for the plan. Why didn’t value would jump to 100 cents on the dollar, consent for a number of articles to be we hear from other people, 200 other rescuing teetering financial institutions. The printed in the RECORD at the conclu- economists, Nobel prize-winning econo- credit markets would be resuscitated over- sion of my remarks. mists, who say there is a better way of night. Foreclosures would stop. Some will argue that it is grossly unfair to One is an article by Jonathan doing this, folks? Koppell and William Goetzmann enti- pay off the mortgages of borrowers who took I think when we come back in Janu- risks and lost. In other words, why should tled ‘‘The Trickle-Up Bailout.’’ I will ary, and perhaps even between now and quote from one part of it. It says: my profligate neighbor be rewarded for over- January, we ought to be hearing from leveraging himself? The financial crisis is a liquidity crisis, these people to see what changes we Because such unfairness is a small price to yes, but it is ultimately a product of home- ought to make in this proposal when pay to avoid a rapid transition to a socialist owner failures to pay. Unless this funda- economy, the collapse of our financial sys- mental problem is fixed, we will continue to we come back in January. I ask unanimous consent to have tem (and its related global implications) and see—and need to treat—the symptoms. The a frightening shift of economic power toward proposed bailout ignores this. Yet the sum that letter and list printed in the the executive branch. Why shell out $700 bil- being demanded from taxpayers is almost RECORD at the end of my remarks. lion to Wall Street dealmakers and the com- certainly more than sufficient to pay off all The PRESIDING OFFICER. Without panies they managed into this mess? currently delinquent mortgages. objection, it is so ordered. Wouldn’t it be preferable for individual They call this the ‘‘trickle down,’’ (See exhibit 3.) homeowners to benefit directly? what we passed, rather than the Mr. HARKIN. Lastly, Mr. President, I Implementation could follow the example ‘‘trickle up’’ bailout. have an article by William Isaac, of the Home Owners’ Loan Corp., which in the 1930s issued new mortgages to a quarter Mr. President, I ask unanimous con- former head of the Federal Deposit In- surance Corporation. It is a Wash- of American homeowners. The government sent that article be printed in the could offer to refinance all mortgages issued RECORD at the conclusion of my re- ington Post article dated September 27, in the past five years with a fixed-rate, 30- marks. entitled ‘‘A Better Way to Aid Banks.’’ year mortgage at 6 percent. No credit scores, The PRESIDING OFFICER. Without I also ask unanimous consent that arti- no questions asked; just pay off the principal objection, it is so ordered. cle be printed in the RECORD. of the existing mortgage with a government (See exhibit 1.) The PRESIDING OFFICER. Without check. If monthly payments are still too Mr. HARKIN. Mr. President, I will objection, it is so ordered. high, homeowners could reduce their indebt- (See exhibit 4.) edness in exchange for a share of the future also ask consent that an article by price appreciation of the house. That is, the Harold Meyerson entitled ‘‘Slow Rise Mr. HARKIN. Mr. President, to sum it up, as I said when I started, I reluc- government would take an ownership inter- for a New Era’’ be included in the est in the house just as it would take an RECORD. Again, I will quote from that tantly supported this bill. I hope it will ownership interest in the financial institu- article. Mr. Meyerson talked about this calm the markets. But I am under no tions that would be bailed out under the bill being passed. He said: illusions that what we did last night Treasury’s plan. All this could be done through the Federal If that happens— solves the problem of why we got here in the first place. To that end, we have Housing Administration, with the help of If we pass this bill— to come back. We have to have hear- Fannie Mae and Freddie Mac, which have the the next move would be for Democrats to ings. We have to bring in other people. infrastructure to implement this plan rap- idly. An equity participation structure craft a solution more in the spirit of FDR: We have to get a better handle on what Franklin Roosevelt. would prevent thousands of foreclosed homes was going on, and next year, with a from being dumped on a strained housing Save American capitalism by fundamen- new administration and a new Con- market and would allow prices to reach a tally reshaping it. They could direct the gov- gress, I think one of the first things we new equilibrium that is based on realistic de- ernment to raise the amount of depositors’ have to do is to fix this, make it more mand for houses rather than on easy money money it insures— equitable, make it more fair to the tax- or impending foreclosures. We did in the bill last night a little payers of this country, and to get at Like the administration’s proposal, this bit— the underlying fundamentals of why we plan would result in the government owning assets. But these assets would be real estate, to compel the banks to write down their are here and not just to be satisfied losses, to recapitalize the banks by taking a not complex derivatives whose true value with stopping the bleeding, which is would take weeks to discern. Homeowners significant equity interest in them, and to what we did last night. refinance beleaguered homeowners directly. would become partners with the government So, Mr. President, with that, I yield in resolving the crisis. Mr. President, I also ask unanimous the floor. When Congress returns, lawmakers are consent that article be printed in the likely to modify and then pass the adminis- EXHIBIT 1 RECORD at the conclusion of my re- tration’s bailout proposal. They should con- THE TRICKLE-UP BAILOUT marks. sider ways to implement this bottom-up so- The PRESIDING OFFICER. Without (By Jonathan G.S. Koppell and William N. lution. Combining this approach with the Goetzmann) objection, it is so ordered. government’s proposal could greatly benefit (See exhibit 2.) The theory underlying the bailout plan taxpayers. Yes, the government’s swift pur- stalled in Congress is that rescuing the fi- chase of illiquid securities would stabilize Mr. HARKIN. Mr. President, I will nance industry will restore market stability compromised financial institutions and the also ask consent that a list of econo- and that the benefits will eventually trickle credit markets. But the notion that tax- mists who signed a letter saying there down to average Americans. Thus, solving payers would benefit in the long run is pure are better ways to approach the prob- the sub-prime mortgage crisis has morphed speculation, particularly if the government

VerDate Aug 31 2005 04:35 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.039 S02OCPT1 rfrederick on PROD1PC67 with SENATE October 2, 2008 CONGRESSIONAL RECORD — SENATE S10411 overpaid for the securities. On the other by a Treasury Department that didn’t see prosperity. Fundamentally weakening those hand, once a government-sponsored refi- the glaringly obvious political problems that markets in order to calm short-run disrup- nancing wave kicked in, the full value of the created. tions is desperately short-sighted. securities in the government’s portfolio It’s possible that with a few cosmetic For these reasons we ask Congress not to would be restored, and they could be sold off changes, the bill can be passed by the House rush, to hold appropriate hearings, and to in an orderly manner, with Uncle Sam tak- tomorrow. Or it may be that the prospect of carefully consider the right course of action, ing profits that would cover the cost of the bailing out Wall Street with public funds of- and to wisely determine the future of the fi- bailout. fends so many House members at both ends nancial industry and the U.S. economy for The public is rightly concerned that the of the political spectrum that it goes down years to come. administration’s bailout would benefit only to defeat again. Signed powerful financial institutions. No matter If that happens, the next move would be Acemoglu Daron (Massachusetts Institute how it’s done, rescuing the financial system for Democrats to craft a solution more in the of Technology); Ackerberg Daniel (UCLA); is a large, complex gamble. spirit of FDR: Save American capitalism by Adler Michael (Columbia University); This solution would start by helping ordi- fundamentally reshaping it. They could di- Admati Anat R. (Stanford University); Ales nary Americans and would quickly spill over rect the government to raise the amount of Laurence (Carnegie Mellon University); to revive the financial markets. Directly ad- depositors’ money it insures, to compel the Alexis Marcus (Northwestern University); dressing the underlying cause of the crisis banks to write down their losses, to recapi- Alvarez Fernando (University of Chicago); would help ensure that we would not be fac- talize the banks by taking a significant eq- Andersen Torben (Northwestern University); ing the same crisis again down the road. uity interest in them, and to refinance belea- Baliga Sandeep (Northwestern University); While Wall Street has only recently felt the guered homeowners directly. Banerjee Abhijit V. (Massachusetts Institute bite of foreclosures delinquencies, commu- Already, it’s clear that we will emerge of Technology); Barankay Iwan (University nities across the nation will face greater fi- from this crisis with fewer but bigger banks. of Pennsylvania); Barry Brian (University of nancial and social fallout if the foreclosure As a result of the recent government-ar- Chicago); Bartkus James R. (Xavier Univer- sity of Louisiana); Becker Charles M. (Duke crisis continues. ranged consolidations and fire sales, three banks—JP Morgan Chase, Bank of America University); Becker Robert A. (Indiana Uni- versity); Beim David (Columbia University); EXHIBIT 2 and Citigroup—will control roughly one- Berk Jonathan (Stanford University); Bisin SLOW RISE FOR A NEW ERA third of all deposits. They will be too big to fail. They will also be so big that they’ll be Alberto (New York University); (By Harold Meyerson) able to set the price for money when Ameri- Bittlingmayer George (University of Kan- We are, just now, stuck between eras. The cans come borrowing. sas); Blank Emily (Howard University); old order—the Reagan-age institutions built As such, they will require tighter regula- Boldrin Michele (Washington University); on the premise that the market can do no tion than we’ve imposed on banks before. Bollinger, Christopher R. (University of Ken- wrong and the government no right—is And that’s hardly the only arena in which tucky); Bossi, Luca (University of Miami); dying. A new order, in which Wall Street government will have to do more. With fi- Brooks Taggert J. (University of Wisconsin); plays a diminished role and Washington a nancial institutions de-leveraging and lend- Brynjolfsson Erik (Massachusetts Institute larger one, is aborning, but the process is ing less, it will fall upon the government to of Technology); Buera Francisco J.(UCLA); painful and protracted. invest more in the American economy—to Cabral Luis (New York University); Camp It shuddered to a halt on Monday, when diminish the effects of the recession that is Mary Elizabeth (Indiana University); Carmel House Republicans, by 2 to 1, declined to sup- coming down the tracks and to build the Jonathan (University of Michigan); Carroll port the administration’s bailout plan. To kind of infrastructure that will enhance Christopher (Johns Hopkins University). lay the blame on Speaker Nancy Pelosi’s American competitiveness in a global econ- Cassar Gavin (University of Pennsylvania); speech (in which she even noted the work of omy. Chaney Thomas (University of Chicago); House GOP leaders in crafting the com- It’s not just investment banks that have Chari Varadarajan V. (University of Min- promise) is to miss the larger picture: The fallen by the wayside in the recent carnage; nesota); Chauvin Keith W. (University of proposal asked Republicans to acknowledge it’s the ideology of unregulated capitalism— Kansas); Chintagunta Pradeep K. (University the failure of the market and the capacity of of Reaganism. And if Republicans cannot of Chicago); Christiano Lawrence J. (North- government to set things right. It asked find a way to disenthrall themselves from western University); Clementi, Gian Luca them to repudiate their worldview, to go their faith in their old gods, they may ensure (New York University); Cochrane John (Uni- against the beliefs that impelled many of that the GOP itself becomes one more cas- versity of Chicago); Coleman John (Duke them to enter politics in the first place. ualty in the collapse of laissez faire. University); Constantinides George M. (Uni- So as America experienced a financial cri- versity of Chicago); Cooley, Thomas (New sis, House Republicans experienced a crisis (This letter was sent to Congress on Wed., York University); Crain Robert (UC Berke- of faith. And on Monday, most of them opted Sept. 24, 2008, regarding the Treasury plan as ley); Culp Christopher (University of Chi- to stick to their faith, whatever the finan- outlined on that date. It does not reflect all cago); Da Zhi (University of Notre Dame); cial consequences for the nation. signatories’ views on subsequent plans or Darity, William (Duke University); Davis Many of the Republicans’ counterproposals modifications of the bill.) Morris (University of Wisconsin); De Marzo to the bailout bill were so wide of the mark To the Speaker of the House of Representa- Peter (Stanford University); Dube´ Jean- that they can be understood only as faith- tives and the President pro tempore of the Pierre H. (University of Chicago); Edlin based solutions to empirical problems. Senate: As economists, we want to express to Aaron (UC Berkeley); Eichenbaum Martin Banks and investment houses are toppling Congress our great concern for the plan pro- (Northwestern University); Ely Jeffrey like so many dominos, and, to solve this cri- posed by Treasury Secretary Paulson to deal (Northwestern University); Eraslan Hu¨ lya K. sis of capital evaporation, House Republicans with the financial crisis. We are well aware K. (Johns Hopkins University); Fair Ray suggested reducing capital gains tax. Are we of the difficulty of the current financial situ- (Yale University); Faulhaber Gerald (Univer- to believe that more investors didn’t rush to ation and we agree with the need for bold ac- sity of Pennsylvania); Feldmann Sven (Uni- rescue LehmanBearAIG-WaMuWachoviaEtc tion to ensure that the financial system con- versity of Melbourne); Fernandez, Raquel because they calculated that the tax on the tinues to function. We see three fatal pitfalls (New York University); Fernandez- capital gains they’d realize was too high? in the currently proposed plan: Villaverde Jesus (University of Pennsyl- Then again, the bill that the Republicans (1) Its fairness. The plan is a subsidy to in- vania); Fohlin Caroline (Johns Hopkins Uni- opposed was itself a transitional document— vestors at taxpayers’ expense. Investors who versity); Fox Jeremy T. (University of Chi- to some extent ushering in a new order, took risks to earn profits must also bear the cago); Frank Murray Z. (University of Min- though designed chiefly to prop up the old. losses. Not every business failure carries sys- nesota). The bailout plan’s political travails can be temic risk. The government can ensure a Frenzen Jonathan (University of Chicago); traced to its conception—a three-page pro- well-functioning financial industry, able to Fuchs William (University of Chicago); posal for the Treasury secretary, who is the make new loans to creditworthy borrowers, Fudenberg Drew (Harvard University); immediate past CEO of Wall Street’s most without bailing out particular investors and Gabaix Xavier (New York University); Gao successful investment bank, to buy up finan- institutions whose choices proved unwise. Paul (Notre Dame University); Garicano cial institutions’ bad loans at prices he (2) Its ambiguity. Neither the mission of Luis (University of Chicago); Gerakos Joseph would set, with no oversight and no aid to the new agency nor its oversight are clear. If J. (University of Chicago); Gibbs Michael anybody else. End of story. The bill that taxpayers are to buy illiquid and opaque as- (University of Chicago); Glomm Gerhard (In- went to the House floor Monday had been sets from troubled sellers, the terms, occa- diana University); Goettler Ron (University significantly improved: It created the possi- sions, and methods of such purchases must of Chicago); Goldin Claudia (Harvard Univer- bility that the public would gain a limited be crystal clear ahead of time and carefully sity); Gordon Robert J. (Northwestern Uni- equity interest in some banks in return for monitored afterwards. versity); Greenstone Michael (Massachusetts the public’s largess; it restricted Wall Street (3) Its long-term effects. If the plan is en- Institute of Technology); Gregory, Karl D. CEO pay; it allowed for a stock-transaction acted, its effects will be with us for a genera- (Oakland University); Guadalupe Maria (Co- tax to cover any public losses if such still ex- tion. For all their recent troubles, America’s lumbia University); Guerrieri Veronica (Uni- isted after five years. But it had been dynamic and innovative private capital mar- versity of Chicago); Hagerty Kathleen stamped at birth as a bailout for Wall Street, kets have brought the nation unparalleled (Northwestern University); Hamada Robert

VerDate Aug 31 2005 04:35 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.005 S02OCPT1 rfrederick on PROD1PC67 with SENATE S10412 CONGRESSIONAL RECORD — SENATE October 2, 2008 S. (University of Chicago); Hansen Lars (Uni- nesota); Phelan Christopher (University of system for resolving banking problems versity of Chicago); Harris Milton (Univer- Minnesota); Piazzesi Monika (Stanford Uni- works. sity of Chicago); Hart Oliver (Harvard Uni- versity); Pippenger, Michael K. (University One argument for the urgency of the versity); Hazlett Thomas W. (George Mason of Alaska); Piskorski Tomasz (Columbia Uni- Treasury proposal is that money market University); Heaton John (University of Chi- versity); Platt Brennan C. (Brigham Young funds were under a great deal of pressure last cago); Heckman James (University of Chi- University); Rampini Adriano (Duke Univer- week as investors lost confidence and began cago—Nobel Laureate); Henderson David R. sity); Ray, Debraj (New York University); withdrawing their money. But putting the (Hoover Institution); Henisz, Witold (Univer- Reagan Patricia (Ohio State University); government’s guarantee behind money mar- sity of Pennsylvania); Hertzberg Andrew (Co- Reich Michael (UC Berkeley); Reuben ket funds—as Treasury did last week—should lumbia University); Hite Gailen (Columbia Ernesto (Northwestern University); Rizzo, have resolved this concern. University); Hitsch Gu¨ nter J. (University of Mario (New York University); Roberts Mi- Another rationale for acting immediately Chicago); Hodrick Robert J. (Columbia Uni- chael (University of Pennsylvania); Robinson on the bailout is that bank depositors are versity). David (Duke University); Rogers Michele getting panicky—mostly in reaction to the Hollifield Burton (Carnegie Mellon Univer- (Northwestern University). July failure of IndyMac, in which uninsured sity); Hopenhayn Hugo (UCLA); Hurst Erik Rotella Elyce (Indiana University); depositors were exposed to loss. (University of Chicago); Imrohoroglu Ayse Roussanov Nikolai (University of Pennsyl- Does this mean that we need to enact an (University of Southern California); Isakson vania); Routledge Bryan R. (Carnegie Mellon emergency program to purchase $700 billion Hans (University of Northern Iowa); Israel University); Ruud Paul (Vassar College); worth of real estate loans? If the problem is Ronen (London Business School); Jaffee Safford Sean (University of Chicago); depositor confidence, perhaps we need to be Dwight M. (UC Berkeley); Jagannathan Ravi Samaniego Roberto (George Washington clearer about the fact that the FDIC fund is (Northwestern University); Jenter Dirk University); Sandbu Martin E. (University of backed by the full faith and credit of the (Stanford University); Jones Charles M. (Co- Pennsylvania); Sapienza Paola (North- government. lumbia Business School); Jovanovic Boyan western University); Savor Pavel (University If stronger action is needed, the FDIC (New York University); Kaboski Joseph P. of Pennsylvania); Schaniel William C. (Uni- could announce that it will handle all bank (Ohio State University); Kahn Matthew versity of West Georgia); Scharfstein David failures, except those involving significant (UCLA); Kaplan Ethan (Stockholm Univer- (Harvard University); Seim Katja (Univer- fraudulent activities, as assisted mergers sity); Karaivanov Alexander (Simon Fraser sity of Pennsylvania); Seru Amit (University that would protect all depositors and other University); Karolyi, Andrew (Ohio State of Chicago); Shang-Jin Wei (Columbia Uni- general creditors. This is how the FDIC han- University); Kashyap Anil (University of versity); Shimer Robert (University of Chi- dled Washington Mutual. It would be easy to Chicago); Keim Donald B (University of cago); Shore Stephen H. (Johns Hopkins Uni- announce this as a temporary program if Pennsylvania); Ketkar Suhas L (Vanderbilt versity); Siegel Ron (Northwestern Univer- needed to calm depositors. University); Kiesling Lynne (Northwestern sity); Smith David C. (University of Vir- An additional benefit of this approach is University); Klenow Pete (Stanford Univer- ginia); Smith Vernon L. (Chapman Univer- that community banks would be put on a par sity); Koch Paul (University of Kansas); sity-Nobel Laureate); Sorensen Morten (Co- with the largest banks, reassuring depositors Kocherlakota Narayana (University of Min- lumbia University); Spatt Chester (Carnegie who are unconvinced that the government nesota); Koijen Ralph S.J. (University of Mellon University); Spear Stephen (Carnegie will protect uninsured depositors in small Chicago); Kondo Jiro (Northwestern Univer- Mellon University); Stevenson Betsey (Uni- banks. sity); Korteweg Arthur (Stanford Univer- versity of Pennsylvania); Stokey Nancy I have doubts that the $700 billion bailout, sity); Kortum Samuel (University of Chi- (University of Chicago); Strahan Philip (Bos- if enacted, would work. Would banks really cago); Krueger Dirk (University of Pennsyl- ton College); Strebulaev Ilya (Stanford Uni- be willing to part with the loans, and would vania); Ledesma Patricia (Northwestern Uni- versity); Sufi Amir (University of Chicago); the government be able to sell them in the versity); Lee Lung-fei (Ohio State Univer- Tabarrok Alex (George Mason University); marketplace on terms that the taxpayers sity). Taylor Alan M. (UC Davis); Thompson Tim would find acceptable? Leeper Eric M. (Indiana University); (Northwestern University). To get banks to sell the loans, the govern- Letson David (University of Miami); Leuz Troske Kenneth (University of Kentucky); ment would need to buy them at a price Christian (University of Chicago); Levine Tschoegl Adrian E. (University of Pennsyl- greater than what the private sector would David I. (UC Berkeley); Levine David K. vania); Uhlig Harald (University of Chicago); pay today. Many investors are open to pur- (Washington University); Levy David M. Ulrich, Maxim (Columbia University); Van chasing the loans now, but the financial in- (George Mason University); Linnainmaa Buskirk Andrew (University of Chicago); stitutions and investors cannot agree on Juhani (University of Chicago); Lott John R. Vargas Hernan (University of Phoenix); price. Thus private money is sitting on the Jr. (University of Maryland); Lucas Robert Veronesi Pietro (University of Chicago); sidelines until there is clear evidence that (University of Chicago—Nobel Laureate); Vissing-Jorgensen Annette (Northwestern we are at the floor in real estate. Ludvigson, Sydney C. (New York Univer- University); Wacziarg Romain (UCLA); Having financial institutions sell the loans sity); Luttmer Erzo G.J. (University of Min- Walker Douglas O. (Regent University); to the government at inflated prices so the nesota); Manski Charles F. (Northwestern Walker, Todd (Indiana University); Weill government can turn around and sell the University); Martin Ian (Stanford Univer- Pierre-Olivier (UCLA); Williamson Samuel loans to well-heeled investors at lower prices sity); Mayer Christopher (Columbia Univer- H. (Miami University); Witte Mark (North- strikes me as a very good deal for everyone sity); Mazzeo Michael (Northwestern Univer- western University); Wolfenzon, Daniel (Co- but U.S. taxpayers. Surely we can do better. sity); McDonald Robert (Northwestern Uni- lumbia University); Wolfers Justin (Univer- One alternative is a ‘‘net worth certifi- versity); Meadow Scott F. (University of Chi- sity of Pennsylvania); Woutersen Tiemen cate’’ program along the lines of what Con- cago); Meeropol, Michael (Western New Eng- (Johns Hopkins University); Wu Yangru gress enacted in the 1980s for the savings and land College); Mehra Rajnish (UC Santa Bar- (Rutgers University); Yue Vivian Z. (New loan industry. It was a big success and could bara); Mian Atif (University of Chicago); York University); Zingales Luigi (University work in the current climate. The FDIC re- Middlebrook Art (University of Chicago); of Chicago); Zitzewitz Eric (Dartmouth Col- solved a $100 billion insolvency in the sav- Miguel Edward (UC Berkeley); Miravete lege). ings banks for a total cost of less than $2 bil- Eugenio J. (University of Texas at Austin); lion. Miron Jeffrey (Harvard University); Moeller, EXHIBIT 4 The net worth certificate program was de- Thomas (Texas Christian University); signed to shore up the capital of weak banks [From the Washington Post, Sept. 27, 2008] Moretti Enrico (UC Berkeley); Moriguchi to give them more time to resolve their Chiaki (Northwestern University); Moro An- A BETTER WAY TO AID BANKS problems. The program involved no subsidy drea (Vanderbilt University); Morse Adair (By William M. Isaac) and no cash outlay. (University of Chicago); Mortensen Dale T. Congressional leaders are badly divided on The FDIC purchased net worth certificates (Northwestern University). the Treasury plan to purchase $700 billion in (subordinated debentures, a commonly used Mortimer Julie Holland (Harvard Univer- troubled loans. Their angst is understand- form of capital in banks) in troubled banks sity); Moskowitz, Tobias J. (University of able: It is far from clear that the plan is nec- that the agency determined could be viable Chicago); Munger Michael C. (Duke Univer- essary or will accomplish its objectives. if they were given more time. Banks enter- sity); Muralidharan Karthik (UC San Diego); It’s worth recalling that our country dealt ing the program had to agree to strict super- Nair Harikesh (Stanford University); Nanda with far more credit problems in the 1980s in vision from the FDIC, including oversight of Dhananjay (University of Miami); Nevo Aviv a far harsher economic environment than it compensation of top executives and removal (Northwestern University); Ohanian Lee faces today. About 3,000 bank and thrift fail- of poor management. (UCLA); Pagliari Joseph (University of Chi- ures were handled without producing deposi- The FDIC paid for the net worth certifi- cago); Papanikolaou Dimitris (Northwestern tor panics and massive instability in the fi- cates by issuing FDIC senior notes to the University); Parker Jonathan (Northwestern nancial system. banks; there was no cash outlay. The inter- University); Paul Evans (Ohio State Univer- The Federal Deposit Insurance Corp. has est rate on the net worth certificates and the sity); Pearce David (New York University); just handled Washington Mutual, now the FDIC notes was identical, so there was no Pejovich Svetozar (Steve) (Texas A&M Uni- largest bank failure in history, in an orderly subsidy. versity); Peltzman Sam (University of Chi- manner, with no cost to the FDIC fund or If such a program were enacted today, the cago); Perri Fabrizio (University of Min- taxpayers. This is proof that our time-tested capital position of banks with real estate

VerDate Aug 31 2005 02:33 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.007 S02OCPT1 rfrederick on PROD1PC67 with SENATE October 2, 2008 CONGRESSIONAL RECORD — SENATE S10413 holdings would be bolstered, giving those These victims were, again, denied State University Ram. At CSU, WAYNE banks the ability to sell and restructure as- justice by the Bush administration met his future wife Joan who was sets and get on with their rehabilitation. No when President Bush vetoed H.R. 1585, studying microbiology at the time. taxpayer money would be spent, and the the fiscal year 2008 National Defense After graduating, WAYNE and Joan asset sale transactions would remain in the private sector where they belong. Authorization Act, which would have built the Allard Animal Hospital in If we were to (1) implement a program to allowed Americans tortured by Saddam Loveland together. They made their ease the fears of depositors and other general Hussein’s regime to pursue justice in home there. They had two wonderful creditors of banks; (2) keep tight restrictions U.S. courts. daughters, Christi and Cheryl. Living on short sellers of financial stocks; (3) sus- This bill, H.R. 5167, is the result of a and working in Loveland, WAYNE devel- pend fair-value accounting (which has con- bipartisan compromise that passed the oped a passion for public service. He tributed mightily to our problems by mark- House unanimously—unanimously—on developed a passion for the good that ing assets to unrealistic fire-sale prices); and September 15. The bill gives the Gov- could come from serving in politics. (4) authorize a net worth certificate pro- He began his political career in the gram, we could settle the financial markets ernment of Iraq 90 days to resolve the without significant expense to taxpayers. claims of American victims of Iraqi Colorado State Senate. There, he Say Congress spends $700 billion of tax- torture and terrorism for minimal served the people of Weld and Larimer payer money on the loan purchase proposal. amounts before the waiver that was Counties in the State legislature for 7 What do we do next? If, however, we imple- put into last year’s DOD bill would be years. A strong believer in preserving ment the program suggested above, we will terminated. As a result of the bipar- the idea of citizen legislators, Senator have $700 billion of dry powder we can put to tisan compromise made in the House, ALLARD championed a Colorado law work in targeted tax incentives if needed to that limits legislative sessions to 120 get the economy moving again. the waiver would remain in place as The banks do not need taxpayers to carry long as the President certifies that days, a law that is still in our Constitu- their loans. They need proper accounting and Iraq has not settled commercial claims tion today. It works to ensure that Col- regulatory policies that will give them time or that the administration is engaged orado representatives are able to spend to work through their problems. in good-faith negotiations with Iraq to the bulk of their time in their commu- Mr. HARKIN. I suggest the absence of settle the claims of the victims. Let nities as opposed to the corridors of the a quorum. me point out, the compensation due State Capitol. The PRESIDING OFFICER. The these victims would not be U.S. tax- In 1991, the people of the fourth con- clerk will call the roll. payer money but coming from the Iraqi gressional district elected Senator AL- The assistant legislative clerk pro- treasury. It is time these victims are LARD to the U.S. House of Representa- ceeded to call the roll. compensated. This bill will allow that tives. Five years later, Coloradans Mr. HARKIN. Mr. President, I ask to happen. elected him to serve as Colorado’s unanimous consent that the order for Right now, the Iraqi Government is United States Senator. the quorum call be rescinded. depositing billions—billions—of dollars Throughout his career on the Federal The PRESIDING OFFICER. Without in U.S. banks in the U.S. and billions level, Senator ALLARD has been a objection, it is so ordered. in other places around the world. Sure- strong voice for fiscal responsibility f ly—surely—they can help compensate and ensuring the security of America the 17 American prisoners of war and at home and abroad. He has used his JUSTICE FOR VICTIMS OF others who were tortured and beaten position on the Senate Appropriations TORTURE AND TERRORISM ACT under Saddam Hussein. Committee to champion priorities im- Mr. HARKIN. Mr. President, I know So, again, as I pointed out, it passed portant to Colorado. He has played an this is kind of a hectic time in Con- the House unanimously. I urge my col- active role on the Senate Budget Com- gress. We are trying to get bills passed. leagues to take a look at this bill. I am mittee to restore integrity to the gov- People want to get home to campaign hopeful when we come back in Novem- ernment’s use of taxpayer dollars. and for the election. But I want to ber we can take it up and pass it unani- Yet, even as Senator ALLARD served highlight a very important bill I am mously just like they did in the House. in Washington, he has never forgotten working on with my colleague, Con- With that, Mr. President, I yield the where he came from and who he works gressman BRUCE BRALEY from the floor and suggest the absence of a for. He was always traveling through- State of Iowa. quorum. out Colorado, engaging his constitu- I would like to urge my colleagues to The PRESIDING OFFICER. The ents, hearing their hopes and concerns. take the time to look at this important clerk will call the roll. It is there, in those communities of measure. It is H.R. 5167, the Justice for The assistant legislative clerk pro- Colorado, that Senator ALLARD feels Victims of Torture and Terrorism Act. ceeded to call the roll. most at home. I am hopeful when we are back in No- Mr. SALAZAR. Mr. President, I ask I have been privileged to work with vember—and we will be back on the unanimous consent that the order for WAYNE ALLARD in the Senate for the 17th doing business—we will be able to the quorum call be rescinded. past 4 years. We fought together for pass this bill and send it to the Presi- The PRESIDING OFFICER. Without clean and safe drinking water for the dent for his signature. objection, it is so ordered. communities in the Lower Arkansas Let me highlight some of the bill’s f Valley and through the construction of most important aspects. H.R. 5167 will the Arkansas Valley Conduit which we finally provide justice for American TRIBUTE TO SENATORS hope will happen in the next several prisoners of war and civilians who were WAYNE ALLARD years. We worked to ensure the Animas taken hostage and tortured by Saddam Mr. SALAZAR. Mr. President, I rise La-Plata Water Project in southwest Hussein’s regime. today to pay tribute to my friend and Colorado and making sure that project These victims include 17 American colleague, WAYNE ALLARD, the senior is fully funded to implement the his- prisoners of war who were tortured Senator from Colorado. As all of us in toric settlement between Colorado and under Saddam Hussein’s regime and the Senate know, Senator ALLARD will its Indian tribes. Over the past few who sought compensation through the retire from the Senate at the end of months, we came together to move ju- courts. These victims also include CBS this legislative session. dicial nominees for the Federal Court reporter Bob Simon and his camera- Senator ALLARD is a Coloradan in Colorado through the often conten- man, Roberto Alvarez, who were cap- through and through. Raised on a tious Senate confirmation process. It tured and tortured along with the ranch in Walden, CO, a very small town has been a productive and fulfilling POWs. in the northwest corner of our State, partnership. These brave POWs were beaten and he found his calling in animal medi- Now, to be sure, Senator ALLARD and starved by Saddam Hussein’s regime, cine. He followed this passion to Colo- I have not always seen eye to eye on a and they were awarded compensation rado State University at Fort Collins, number of issues. But in spite of our from a U.S. judge until the Bush ad- where he received his doctorate of vet- differences, I have always respected ministration lawyers intervened in the erinary medicine. Even today, he him. He works hard. He is humble. He case and said it should be thrown out. proudly wears his tie as a Colorado loves the people of Colorado.

VerDate Aug 31 2005 02:33 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.003 S02OCPT1 rfrederick on PROD1PC67 with SENATE S10414 CONGRESSIONAL RECORD — SENATE October 2, 2008 But more than his love for Colorado Our colleagues know about Senator Senator CRAIG’s public service dem- and his country, Senator ALLARD is de- CRAIG’s consistent stand on public onstrates a rich history of strong, con- voted to Joan, Christi, Cheryl, and his lands, his unflinching defense of pri- servative leadership, characterized by five grandsons. You will never see him vate property rights and reliably sup- an unapologetic defense of democratic have a smile wider or laugh harder porting those who are caretakers of ideals of private property and personal than when he is in their company. I am this invaluable national resource. liberty, woven together with an abid- happy that his return to Colorado will Our colleagues know Senator CRAIG’s ing and proactive concern for those afford him the opportunity to spend stalwart defense of our second amend- without a voice in Washington. Ida- more time with them. He deserves it. ment rights and his tireless call for a hoans across the State have come to I know Senator ALLARD is a great ad- balanced budget and lower taxes. know they can depend on Senator mirer of a Democrat from Colorado by Our colleagues in the Senate know CRAIG to defend their economic well- the name of Wayne Aspinall, who that Senator CRAIG has, on a number of being and their values. served in this Congress for a very long occasions, reached across the aisle to It has been a privilege for me to serve time. Wayne Aspinall was a strong pro- promote bipartisan legislation. with Senator CRAIG during my time in tector of Colorado’s water and the Our colleagues in the Senate know the Congress. I wish him and his wife champion of the people of the Western and have depended on the leadership Susan well as they enter this new chap- Slope during his 24-year tenure in Con- exhibited over the years by a man with ter in their lives. gress. Congressman Aspinall once said: humble beginnings, born in a small Mr. President, I yield the floor. I sug- We all have moments when we feel that Idaho town, on a family farm where he gest the absence of a quorum. ‘‘the system’’ is wrong, but that does not en- returned after college until the people The PRESIDING OFFICER. The title us to assume that only we could be of Payette and Washington Counties clerk will call the roll. right and therefore permit us to secede from elected him to represent them in the The assistant legislative clerk pro- our society. We have to learn to live with Idaho State Legislature. ceeded to call the roll. it—to improve on it if we can, to change it What may not be so well known Mr. CRAIG. Mr. President, I ask through established procedures, if we must, about the senior Senator from Idaho is unanimous consent that the order for but we must always remember that individ- his commitment to adoption, to our ually we are only one person and that the the quorum call be rescinded. youth, to community service, to our The PRESIDING OFFICER. Without views and ideas of others might be equally veterans, and to our seniors. valid as our own. objection, it is so ordered. Senator CRAIG’s three children are Mr. CRAIG. Mr. President, I thank For the past 25 years, Senator AL- adopted. Over the years, he became a LARD has committed himself and his my partner and colleague from Idaho, congressional leader in promoting soon to become Idaho’s senior Senator, talents to the people of Colorado in adoption and working on policy initia- this spirit—a spirit of reform and a MIKE CRAPO. MIKE and I have had a tives that help adoptive parents and working relationship and a friendship spirit of humility. He has served with young children needing to find loving for literally decades, and it is one I honor and distinction and with an homes. He also helped found the Con- have greatly appreciated over the years unyielding focus on what he thinks is gressional Coalition on Adoption. because of his consistent and wise best for our State. I thank him for his Senator CRAIG did not only champion service and his friendship, and I con- adoption in Congress, he took a strong counsel. While I came to the Congress before gratulate him on his retirement. leadership role in the Congressional MIKE, Senator CRAPO was in the legis- Mr. President, I thank the Presiding Awards Foundation. This is an out- Officer. I yield the floor and I note the standing program that encourages lature during a period of time after I absence of a quorum. young people to set high goals, to work was there, and so he brought with him, The PRESIDING OFFICER. The toward them, and then when they have first to the House and then to the Sen- clerk will call the roll. achieved these goals, it gives this body ate, the very similar experiences I had The assistant legislative clerk pro- the opportunity to recognize their ex- as a State legislator. I highly rec- ceeded to call the roll. traordinary accomplishments. The ommend that to anyone who wants to Mr. CRAPO. Mr. President, I ask sense of community service this pro- serve in the Senate, that they have unanimous consent that the order for gram grows in young people imparts a that experience on the ground in their the quorum call be rescinded. lifelong sense of civic duty and respon- home State in a way that brings the re- The PRESIDING OFFICER (Mr. sibility. In short, it grows great Ameri- ality of State governments and the SALAZAR). Without objection, it is so cans. Federal Government together. Cer- ordered. Speaking of great Americans, Sen- tainly, over the years Senator CRAPO Mr. CRAPO. Mr. President, I ask ator CRAIG has been a champion of vet- has had that experience and has shared unanimous consent to speak in morn- erans as well, prioritizing their chang- it with me. Together, I think we have ing business for up to 10 minutes. ing needs over the years and helping made a very valuable team for our The PRESIDING OFFICER. Without remind all of us that when a man or a State. objection, it is so ordered. woman defends the United States of There is another aspect of Senator LARRY CRAIG America, that individual deserves to CRAPO I have so highly regarded over Mr. CRAPO. Mr. President, as the have this Nation care for them in their the years, and certainly the Presiding 110th Congress comes to a close this return and in their time of need. Officer from Colorado would appreciate fall, a chapter in Idaho politics also A believer in bringing Washington to it. there is probably one single most comes to a close. After serving in pub- Idaho, Senator CRAIG has hosted over valuable commodity in the high deserts lic office, first in the Idaho State Leg- 300 townhall meetings since his elec- of the West—such as many parts of the islature from 1975 to 1981, then in the tion to the Senate. He has also made Colorado and the State of Idaho—and U.S. House of Representatives from national priorities that involve Idaho that is water. There is an old phrase 1981 to 1990, and finally in the U.S. Sen- and his priorities; namely, Department that many have heard over the years, ate from 1991 to 2009, my colleague Sen- of Energy and defense operations and which is that whiskey is for drinking ator LARRY CRAIG is retiring from elec- research at the Idaho National Labora- and water is for fighting over. And tive office. Over the years, he has dog- tory, the Mountain Home Air Force there is a lot of truth to that. Our gedly pursued initiatives important to Base, and Gowan Field for the home of States historically have that in their Idahoans and staunchly defended West- the Idaho National Guard. background as we sorted out our water ern values. Senator CRAIG has not only sup- problems and began to recognize these Our colleagues in the Senate know ported children, young people, the phenomenally valuable commodities. about Senator CRAIG’s work over the military, and our veterans, he has also MIKE CRAPO, in his other life, spent a years ensuring that the U.S. agricul- worked to champion the cause of the lot of time with water law. I always tural community has the support need- aging, serving on the Special Com- said that when it came to water issues ed to thrive and continue ensuring our mittee on Aging and keeping impor- here in Washington, while they best be food security and playing a major role tant senior issues at the forefront of fought out in the State Capitol in in the global economy. our legislative policy. Boise, I wanted MIKE CRAPO by my side

VerDate Aug 31 2005 02:33 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.059 S02OCPT1 rfrederick on PROD1PC67 with SENATE October 2, 2008 CONGRESSIONAL RECORD — SENATE S10415 as we worked through water issues that As he has indicated by his gracious taxpayer and trying to recognize the were for our State and certainly for the remarks, that is the kind of man he is. need of a growing credit crisis on Main Nation. Not only does he know the law, He is a tremendous friend and he is a Street USA. I think, and I hope, we coming out of a high desert environ- tremendous advocate and he has the have accomplished that. ment of the kind that is in southern, kind of principles and values that have But how did this come to be? Well, southeastern, and southwestern Idaho, helped him to represent the people of there are a lot of fingers that can be he knows the reality. He knows the im- Idaho so well over the years. He has pointed. We can point at the liberal portance. He knows that water is life committed his life to public service lending policy and advocacy of Fannie and death. It is economy or no econ- and has shown the people of Idaho and Mae and Freddie Mac, and subprimes, omy based on its value. That is the the people of this Nation the kind of and too much credit in the market, and kind of partnership we have had over leadership we should have in this coun- the explosion of the housing industry— the years. try, fighting for those kinds of prin- or at least the explosion of the bubble I will be replaced by Idaho’s lieuten- ciples that I have mentioned—whether in the housing industry. But something ant governor, Jim Risch. I am con- it be private property rights, a bal- else came along about the time all of fident he will be elected, for a lot of anced budget, lower, smaller govern- those elements in our economy were reasons. First, he is a highly com- ment, protecting those without a voice, coming together that I think was prob- petent person. Idaho knows him well working for the veterans, working for ably the tripwire that helped create and respects him. He has served Idaho senior citizens, and his commitment to the current situation. well and he will serve us very well working for our newest citizens of our Let me connect the dot, the dot of here. He will become the junior partner world, those who need adoption. The too much credit, of subprime, of an of the soon-to-be senior Senator, MIKE list goes on and on and on. economy that was maxed out, of a con- CRAPO. That teamship, that organiza- I want to personally thank you, sumer who was maxed out. Let me con- tional effort, that combining of forces LARRY, for the opportunity to serve nect the dot of the average consumer on by far a majority of issues will be with you here in the Senate, and to tell having to pay anywhere from $100 to held for Idaho’s interests. you that I and all of us in Idaho will $150 more a month on his energy bill at MIKE and I rarely split our votes. miss you and look forward to con- the gas pump. What happened in our When we do, we talk about them, we tinuing to work with you as you enter economy as energy prices went through know our differences and we under- this new chapter of your life. the roof and that spread out across our stand them. But we have realized over Mr. President, I yield the floor, and I economy in food costs, in transpor- the years that the team approach for suggest the absence of a quorum. tation costs, in the costs of everything Idaho and the Idaho delegation is very The PRESIDING OFFICER. The we do because our economy is so intri- important for a small State—small by clerk will call the roll. cately linked with energy and the population, at least, certainly not The legislative clerk proceeded to availability of energy? You didn’t hear small by geography. So the friendship call the roll. anybody on the floor last night talk and the relationship I have had with Mr. CRAIG. Mr. President, I ask about energy. You did not hear any- Senator CRAPO over the years has been unanimous consent that the order for body on the floor last night talk about personally very valuable to me, but I the quorum call be rescinded. the $4 gas or the $140-a-barrel oil that trust it has been very valuable to the The PRESIDING OFFICER. Without was true a few months ago, but it was State of Idaho. But that kind of work- objection, it is so ordered. there and it was lurking in the back- ing, teaming partnership is going to f ground. It had already hit our economy continue as I step down and Jim Risch along the side of the head with a fatal ECONOMIC CRISIS is elected in November to continue to blow. We have over the last several work with MIKE CRAPO. Mr. CRAIG. Mr. President, for the years tried to recognize that. So I say to my colleague, Senator next few minutes I wish to connect the When we left here in July for the Au- CRAPO: Thank you. Thank you for the dots. What am I saying? Well, I wish to gust recess, Democrats and Repub- kind remarks and the working rela- take us from where this Senate was licans were at odds over energy. I was tionship and friendship we have had last night, when on a 74-to-25 vote it saying let’s drill, let’s produce, and the over the years. voted out one of the largest financial And to the presiding officer, while he American consumer was awakening to assistance packages in the history of has not served here as long as either of this energy shock that our economy the Nation—700-plus billion dollars—to us, I would say to him that he fits in was having and they were saying the try to stabilize the credit markets of immediately, because he is a westerner same thing; 65 to 70 percent of the our country and make sure that Main who understands our issues, because American consumers were saying, Street—whether it be in small-town they are his issues, and we have al- What’s wrong, politician? Why are you Colorado or small-town Idaho—still ready begun to work those kinds of locking away the great resources of have credit in its banks for its citizens partnerships and relationships that are this country? In the name of the envi- very valuable to the West, to the public and its small business people to con- ronment? In the name of no growth? In lands, and to the interests of our duct business and make payroll. the name of good feelings? The bad We have, by a series of actions over States’ people. feelings were at the pump. The bad I thank the Chair, and I yield the the last decade, placed the American feelings were in the pocketbook. floor. economy and the American consumer— Stay with me for a moment and The PRESIDING OFFICER. The Sen- the taxpayer—in peril. Last night was think about this. Think about that ator from Idaho. an effort to recognize that and to do consumer. He and she, working hard, Mr. CRAPO. Mr. President, I came something about it. Because of its size, maybe bringing home $45,000 or $50,000 down here to pay a tribute to our sen- and because of its early billing—that it a year amongst the two—mom and ior Senator from Idaho, Senator LARRY was a ‘‘Wall Street bailout’’—I suspect dad—they have their credit cards CRAIG, and you can see the caliber of your constituents and mine backed off maxed out. They have maybe $5,000 on man he is—he came down and paid trib- and said: ‘‘Whoa, wait a minute, gov- their credit cards and they are paying ute to me. That is the way he is. ernment; wait a minute, politician, a couple of hundred dollars a month I want to add to my remarks by don’t put the taxpayer at peril with each month on that credit card and thanking Senator CRAIG personally for this kind of effort.’’ making their house payment and bare- his tremendous assistance to me. From At the same time, you and I, and ly getting by and, all of a sudden, in the very first day that I stepped foot many of us here, were looking at all of the last year and a half or two, their on the floor of the Senate—in fact, be- the issues at hand, recognizing this was energy bill goes through the roof and fore that, when I was trying to get not a bailout for Wall Street. In fact, they are paying $150 to $200 a month, elected to the Senate—Senator CRAIG from its original concept to its evo- and they don’t have it. was there to help. And once I was elect- lution to the bill that was passed last Then the value they had in their ed, Senator CRAIG set about making night, it was a much different docu- house that they might have taken a sure I could be successful. ment—safeguarding and protecting the second mortgage out on to bail them

VerDate Aug 31 2005 02:33 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.061 S02OCPT1 rfrederick on PROD1PC67 with SENATE S10416 CONGRESSIONAL RECORD — SENATE October 2, 2008 out, all of a sudden begins to disappear. be built here and around the world, hopefully soon, but within the next That is an American family in crisis. means that energy consumption will go couple of years. Congress’s failure to That is an American family in crisis back up against a relatively static sup- act, Congress’s willingness to march without question. That is the crisis we ply market. down the old path of no exploration, no began to deal with last night. That, of The good news is we hopefully did the drilling, no production, buy it from our course, was that $5,000 they had on right things to bring the economy enemies, the ‘‘send our money off- their credit card that they were paying back. The bad news is we haven’t done shore’’ syndrome will plunge us back $200 a month on, the credit card com- a darned thing to increase the supply into another energy crisis. pany called them up and said we are of hydrocarbons in our market—except I say to those who might be listening going to pump it up to $400 a month, we to run a few tickertapes or billboards today, connect the dots. One of those are going to drop your credit line, and that we let the moratorium expire on dots you will connect is with your poli- we are going to charge you more inter- offshore oil. But we have not indem- ticians, with your policymakers. Insist est. That is what was happening, and it nified the companies, we have not done that they do the right thing, and the was brought on by practices in the the right things it would take to bring right thing is to free this country up economy over the last good number of drilling to the areas where the oil is. and get us back into the business of years, and the energy crisis coming And there is oil out there—billions of production. down on top. barrels of oil. While the OCS moratorium has lift- In the midst of all of this great de- Every time the gulf, where there is a ed, here is another little problem. A bate about the economy, something lot of deepwater drilling, gets hit by couple of years ago, with a political happened at the end of September. hurricane—whether it was Katrina or compromise here on the floor of the Politicians who couldn’t face the vote Ike recently, that knocked hundreds of Senate, we took a little piece off the to deal with the issue of taking off the platforms off their foundations out in Florida coast, down off the Alabama offshore oil moratorium let it expire. the deepwater production area—there coast, called lease sale 181. The reason There were a few stories about ‘‘off- was no environmental problem because we opened that was because it was very shore drilling moratoria expired.’’ Even we are so good at doing what we do close to the infrastructure—meaning some of the cable news stations had today. We insist that the best talent the pipes and the refinery areas. We charts up showing graphs—graphs I had come, the best equipment come, and we know there is a lot of gas and oil there. used here on the floor—of areas that have those kinds of environmental pro- We created special conditions. We even were now available offshore. Somehow tections that deny us the ghosts of indemnified, or protected from law- there was a little story out there that Santa Barbara of three decades ago. suits, some of the companies going in possibly we were going to get back into Yet there is still a large number of there. Those sales are let and those the business of drilling and production Americans wanting to deny us that. companies are headed there. We believe and therefore bring down our risk as a There is a great number of politicians there could be several billion barrels of nation and stop the huge flow of money who would love to run from the reality oil there. going offshore and the consumer would of getting this country back into the But, very quietly, in the language it be better off. business of producing energy. also prohibits us from going on east to- I am here today to connect another We talk about it. We play the game. ward the Florida coast where there are dot and to suggest to the American But I am here today to say we do not billions more barrels of oil that were consumer that is an illusion. The rea- connect all of the dots and it is not once under the OCS moratorium but son it is an illusion is because there are going to be 2, 3, 4 years after the mora- have special language and special pro- a few politicians around here saying toria goes off. After you work all the tection and still have that special lan- when we get back next year, we can systems and all the lawsuits through guage and still have that special pro- slip that moratorium back on. There all the courts, you would be very lucky tection, even with the moratoria expi- are others saying good, it is off, it will to get any field into production in the ration being lifted this past week. stay off, and we can begin to work the next 12 years. That is the way it is. That is another dirty little secret process of getting the Department of That is the problem we have to deal that nobody wants to talk about—the the Interior, USGS, and others to do with. That is the problem the new Con- Floridians most assuredly don’t want the surveys and environmental impact gress will have to deal with and deal to talk about—even though in Florida statements that will allow us to drill. with it in a very real way. today they are saying drill it, go after Therein lies the question: To drill— What are we talking about? The esti- it, get it, help us out; drop our energy when? Let me tell you how it works, mation of the domestic recoverable oil bills, help our pocketbooks, help our because the day the moratoria came and gas resources in the Outer Conti- family budget. Congress, do the right off, and they came off the last of Sep- nental Shelf. In old geology, in old sur- thing. tember, if everything were to work veys that do not keep up with the mod- Those are some of the challenges the right, it would be 7 to 8 years before ern techniques that we have today, new Congress will face. We have a stag- any rig could go out there into the where we are finding the truly deep oil gering economy, we are in a major deep waters and begin to drill. That is out in the gulf, we know there are at credit crunch, we have consumers who normal process and time. If you look at least 30 billion barrels of oil. We be- are maxed out in a lot of ways, but the the example of Alaska where there are lieve in the undiscovered resource one thing they grew so very angry offshore leases and the environmental areas there could be as much as 85 or about the last 6 months was that some- impact statements have been done, 100 billion barrels of oil. There are lit- body was robbing them blind—or at guess what else happened. Along came erally trillions of cubic feet of gas—200, least they thought they were—at the the interest groups and they filed suits 250, 350, 400, we are not sure, but we fuel pump. The reason we had an en- and they have extended that drilling know this. When you take the old tech- ergy crisis was because we began to time out another 3 or 4 years while the nology and you go out there with the have a political crisis on the floor of oil companies go through the courts new technologies and you apply it to this Senate years ago when we contin- and fight the battles of the environ- the old geologies, you usually get two ually locked up our resources, all in mental groups that do not want you to three times more than you thought the name of some worthy cause, deny- there to begin with. you were going to get. That is a fact ing the riches of our country and our America, please awaken. Do not and we know that today. land to the American people. think the energy crisis is over because Therefore, it is critically important As some know who have been listen- we have turned the economy down, we that we get the rigs into the water, get ing or have been watching the floor for have turned consumption down around the rigs out there, and begin to explore the last hour, I am not going to be the world and all of a sudden oil is now and develop; that is, if you do not want here. I am retiring. I spent a lot of my down to $92, $93, $94 a barrel. Because another runup in energy values and an years dealing with the very issue I am the very thing we hope for, and that is energy crisis of the kind we have put talking about now, all in the name of for the economy to come back and peo- our people through when this economy increased production, fighting unbe- ple to come back to work and homes to comes back—and it will come back, lievable odds because of the beliefs

VerDate Aug 31 2005 02:33 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.063 S02OCPT1 rfrederick on PROD1PC67 with SENATE October 2, 2008 CONGRESSIONAL RECORD — SENATE S10417 many of our Members of Congress have can be. That is a necessary and impor- ator KEN SALAZAR, who is sitting in the about locking it up in the name of tant challenge. I am confident, if the chair right now, for his dedication and something. citizens of our country demand it, the the rich heritage he has in the State of I would hope Congress got real and Congress will rise to that occasion. Colorado. I have appreciated the oppor- recognized the reality of the world we I yield the floor. tunity to serve with Senator SALAZAR live in. Just as we live in a worldwide The PRESIDING OFFICER. The Sen- in the State of Colorado and I wish the economic market, we also live in a ator from Colorado is recognized. Senator well in future years. worldwide energy market. The great f The PRESIDING OFFICER. The Sen- tragedy of today has created, in part, ator from Idaho. THANKING SENATORS the economic crisis we are in. While it Mr. CRAIG. Mr. President, before the was at the gas pump for the average Mr. ALLARD. Mr. President, while senior retiring Senator from the State citizen every day, at least when oil was the Senator from Idaho is on the floor, of Colorado leaves, let me thank him $140 a barrel, we were sending upwards I made some comments earlier about for his gracious comments. We have of $1.2 billion offshore to buy oil. the pleasure of being able to work with been a very good team and have America cannot continue to do that him in the Senate. I wish to also recog- partnered on a lot of issues over the and remain a wealthy and prosperous nize the fine work he has done on en- years because we have such common nation. We simply are draining our ergy. We certainly appreciate his work interests in mind. Our States are very Treasury dry. Yet we have oil all on that. similar in so many ways. around us. Consumers are now seeing Colorado is an energy-rich State. We The State of Colorado happens to ads on television talking about the have all forms of energy, not only fos- have the hydrocarbons we do not have, great shale pools of natural gas the sil fuels but also wind and solar and when it comes to gas and oil. But at new technology is bringing. Yet very geothermal. I think Senator CRAIG has the same time, agriculture, water and quietly we are trying to keep a lot of been very sensitive to those. timber, tourism, and all the great that out of reach, all in the name of When working with the Senator from things many people attribute to the the environment. Idaho I felt like he truly had the Na- West are embodied in the State of Col- We have all other kinds of energy re- tion’s interest in mind. It has been a orado and certainly in the State of sources we ought to be going after and pleasure for me to serve with Senator Idaho. developing. I believe the next decade in CRAIG, particularly on the Appropria- But a very special thanks to Senator front of us is the decade of energy. I tions Committee. The Senator brought ALLARD for your fine comments. The think as a Congress we are awakening. in a very competent staff and was him- work the Senator has done on behalf of I know the consumers have awakened self extremely knowledgeable. his State is precedent setting. I hope— and they are going to demand that As we leave this institution, I wish to I know—the Senator will be contin- Congress do what is right, all in the thank the Senator from Idaho for all ually recognized for that. name of new production, new tech- the work he did to help me along with But let me also say the Senator and nologies, diverse kinds of energy port- legislation. What a privilege it has his wife Joan have become good friends folios for our country. been to be able to know Senator CRAIG of both my wife Suzanne and I. Those We will not be a wealthy nation 20 and work with him in the Senate. Also, are the kinds of friendships that build years from now. We will not be a na- I wish to recognize the Senator’s hard partnerships in the Senate. I hope tion that allows our citizens and our work in the Senate. other Senators recognize the Senate young people to pursue the American Senator SALAZAR was making some works well when Senators are friends dream as we and our parents before us comments earlier on, talking about my and partners. and our grandparents before them. retirement. I happened to have gone Now, we may have our disagreements We need to recognize the next 20 downstairs and grabbed a lunch and along the way, and there may be some years ought to be and must be dedi- there he was. I also want the people of disagreements between Democrats and cated to the production of energy; all Colorado to know I have enjoyed work- Republicans, but when the collegiality forms, clean, diverse. That is our chal- ing with Senator SALAZAR. We have not of the Senate leaves, the Senate no lenge. So let’s connect the dots. agreed on some of the national issues, longer works or works as well as it Last night we talked about a credit but I think generally one thing we should on behalf of our citizens. Cer- crunch and a credit crisis. I believe it have agreed on is we need to work for tainly, the collegiality between the was worsened by an energy crunch and Colorado. Craigs and the Allards has been long- an energy crisis we have lived through I think we have truly been partners standing and greatly appreciated. and are currently continuing to live in that effort. I appreciated the oppor- Thank you. through. tunity to get to know you. I’m re- Mr. ALLARD. I suggest the absence If the Congress does not bring that minded that when Colorado came into of a quorum. together, then we will fail, or at least the Union, in 1876—we are known as The PRESIDING OFFICER. The we will not allow the greatest hope and the Centennial State—the Republicans clerk will call the roll. the greatest expectation of our coun- were pretty much in control of every- The legislative clerk proceeded to try, this great country, to see its nat- thing. You see, Colorado is a State that call the roll. ural level. Those are our challenges. is recognized as a swing State, it Mr. REID. I ask unanimous consent Bold votes last night, bold and nec- swings back and forth between the Re- that the order for the quorum call be essary steps were taken. Can this Sen- publican and Democratic Parties. rescinded. ate as a policymaking body be as bold But at that particular time, there The PRESIDING OFFICER. Without in energy as we were with the econ- was a big effort to have a Senator from objection, it is so ordered. omy? That is the challenge we face. I the north and a Senator from the south f will not face it anymore. But every- of our State. Similarly, today, I grew body who serves here will. I hope they up about as far north as you can get in UNANIMOUS-CONSENT REQUEST— can meet that challenge. Because if Colorado, Senator SALAZAR grew up S. 3150 they fail, then our great Nation is about as far south as you can get in the Mr. REID. Mr. President, I ask unan- weakened and the opportunities many State of Colorado. I think, at least in imous consent that the Commerce of us have worked for, for our children the spirit, and certainly in geographic Committee be discharged from further and our grandchildren over the years, location, we have been able to rep- consideration of S. 3150, the Access to simply cannot be realized. resent all of the State of Colorado and Air Travel Act, that the bill be read a So Senate, Congress, connect the deal with those issues in a civil and re- third time, passed, the motion to re- dots. Work at getting the economy sponsible way. consider be laid on the table with no right, work at getting energy produc- I wish to thank Senator SALAZAR intervening action or debate, and that tion back online, work at giving this publicly for his service to the State of any statements relating to this matter great enterprising country of ours the Colorado and also want the people of appear at the appropriate place in the opportunity to create and to be what it Colorado to know I highly respect Sen- RECORD as if given.

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Objec- colleagues will allow the Senate to us who have had the privilege of serv- tion is heard. move legislation forward and extend ing with these two individuals know f unemployment compensation benefits what they have meant to our country. and do it now before we recess. They have been role models, leaders, UNANIMOUS-CONSENT REQUEST— f men of conscience, of vision, of integ- H.R. 7112 rity, of courage. And all of those most- Mr. REID. I ask unanimous consent UNANIMOUS-CONSENT REQUEST— valued human characteristics have that the Senate proceed to the consid- S. 3507 been evident when America has needed eration of H.R. 7112, which is at the Mr. REID. I ask unanimous consent them most. desk; that the Dodd-Shelby amendment that the Finance Committee be dis- For their voice and their courage and which is also at the desk be agreed to, charged from further consideration of their vision, we thank them. For the the bill, as amended, be read a third S. 3507 and that the Senate proceed to kind of men they are, and the Senators time and passed, the motion to recon- its immediate consideration, that the they have been, we thank them. We are sider be laid on the table, with no in- Reed of Rhode Island amendment at all much enriched by our association tervening action or debate, and that the desk be considered and agreed to, with Senators WARNER and DOMENICI, any statements relating to this matter the bill, as amended, be read a third and this country will miss them great- be printed in the RECORD. time and passed, the motion to recon- ly. The PRESIDING OFFICER. Is there sider be laid on the table, and there be But they leave strong legacies. They objection? no intervening action or debate. leave men and women who have been Mr. ALLARD. Mr. President, I ob- The PRESIDING OFFICER. Is there touched by their leadership and their ject. The Banking Committee is work- objection? values who will carry on behind them, ing on new language which has not yet Mr. ALLARD. Mr. President, I ob- emulating their leadership and their been cleared. ject. vision. The PRESIDING OFFICER. Objec- The PRESIDING OFFICER. Objec- WAYNE ALLARD tion is heard. tion is heard. Mr. President, I wish also to recog- Mr. REID. I want the record to re- Mr. REID. I suggest the absence of a nize one of my classmates with whom I flect that this is very important legis- quorum. came to the Senate 12 years ago. He is lation to impose sanctions with respect The PRESIDING OFFICER. The our neighbor from the West, the senior to Iran, to provide for the divestment clerk will call the roll. Senator from Colorado, WAYNE AL- of assets in Iran by State and local The assistant legislative clerk pro- LARD. Aside from Senator ALLARD and governments and other entities, and to ceeded to call the roll. Colorado usually taking Nebraska’s identify locations of concern with re- Mr. HAGEL. Mr. President, I ask water, we find little to quarrel with in spect to transshipment, reexportation, unanimous consent that the order for the kind of work that Senator ALLARD or diversion of certain sensitive items the quorum call be rescinded. has done for his State and our country. to Iran. We have tried to get this done. The PRESIDING OFFICER. Without I have had an opportunity to serve 12 It is very important. There has been objection, it is so ordered. years with Senator ALLARD on the objection by the Republicans. That is Mr. HAGEL. Mr. President, I ask Banking Committee. His very steady unfortunate. unanimous consent that I be allowed to performance and leadership will be f speak—I assume we are in morning missed on that committee, as well as business. on the other committees he has served UNANIMOUS-CONSENT REQUEST— The PRESIDING OFFICER. We are in and has been very active, as my col- S. 3644 morning business. league in the chair knows, who served Mr. REID. Mr. President, I ask unan- Mr. HAGEL. For up to 20 minutes. with him as well on the Armed Serv- imous consent, on behalf of Senator The PRESIDING OFFICER. Without ices Committee. His leadership on the LANDRIEU and others, that the Agri- objection, it is so ordered. Budget Committee in particular will be culture Committee be discharged from Mr. HAGEL. Mr. President, thank missed. I wish to acknowledge that further consideration of S. 3644, a bill you. I am very pleased you are in the friendship and that leadership of Sen- to provide crop disaster assistance, and chair this afternoon. For those who are ator ALLARD. the Senate proceed to its consider- not aware of the fact that Nebraska’s LARRY CRAIG ation, that the bill be read three times entire Senate delegation is on the Sen- Mr. President, the fourth Member of and passed, the motion to reconsider be ate floor today, one who will soon be- the Senate who will be leaving along laid on the table, there be no inter- come the senior Senator is presiding. with me will be the senior Senator vening action or debate, and that any So, thank you, Mr. President. from Idaho, LARRY CRAIG. I have had statements relating to this matter be f an opportunity to work with Senator printed in the RECORD. CRAIG over the years on environmental The PRESIDING OFFICER. Is there TRIBUTE TO SENATORS issues, energy issues, trade issues, agri- objection? Mr. HAGEL. Mr. President, I would cultural issues. There have been few Mr. ALLARD. Mr. President, I ob- like to begin my remarks this after- who have been as forceful and impor- ject. I understand Senator COBURN has noon acknowledging four of our col- tant a voice on behalf of those critical a hold. leagues who will be leaving the Senate challenges to our country. The PRESIDING OFFICER. Objec- along with me at the end of this Con- Senator CRAIG, Senator ALLARD, Sen- tion is heard. gress, the 110th Congress, and then ator WARNER, and Senator DOMENICI all f make some additional comments. leave the Senate a better institution PETE DOMENICI AND JOHN WARNER for their service. UNEMPLOYMENT COMPENSATION Mr. President, this body will lose two f Mr. REID. Mr. President, the news of the most respected, highly regarded from Nevada about those unemployed consensus builders in the history of FAREWELL TO THE SENATE is that it is going up every day. Nevada this body. I speak of the senior Senator Mr. HAGEL. On January 7, 1997, I now has an extremely high unemploy- from New Mexico, Mr. DOMENICI, and took an oath of office in the Senate, an ment rate, over 7 percent. But Nevada the senior Senator from Virginia, Mr. oath to the Constitution, and I became is not the most unemployed State. WARNER. Between the two of these dis- the 1,841st person who has ever served Michigan is over 9 percent. We Demo- tinguished national leaders, they have in the Senate. That number struck me

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Less than 2,000 Americans in the his- completely and carefully—how, I don’t I have also learned this lesson: Bipar- tory of our country have served in the know—that the world would at some tisan consensus is the only way a de- Senate. That does not make us better. point come together with a great con- mocracy will work. No party has a cor- That does not mean we are smarter or fluence of complications. The need to ner on all the virtues, nor all the an- in any way more privileged. But it does have a body whose main responsibility swers. A country of 300 million free reflect upon the kind of responsibility would be to take the longer view—the people, who have every right to express that we have in this body and the ex- longer view of legislation, the longer themselves, question their leaders, pectations that are placed on each of view of actions, the longer view of alli- question their Government, at the end us, as should be the case, for our serv- ances, of relationships, of all our poli- of the day must somehow find some ac- ice. cies—was its primary focus. Tough commodation, some consensus to gov- I first thank the people of Nebraska questions—questions about con- ern and thereby address the issues and for the privilege I have been given to sequences of actions, consequences of challenges and problems that face our serve in this body for 12 years. I thank inaction—that is the essence of the country. Without that bipartisan con- my staff not for their service to me but Senate. sensus, we end up in the underbrush of for their service to this country. I The many lessons I have learned in political paralysis. Much of what we thank my colleagues, Republicans and the 12 years I have been here reinforced have seen in the last 2 years has been, Democrats, from whom I have learned my belief in our country but also rein- unfortunately, political paralysis. We so much over these 12 years—in par- forced my belief in these institutions all have to take some responsibility for ticular, Senators LUGAR and BIDEN, and, in particular, the Congress of the that. Bipartisan consensus—that has to from whom I have learned much in United States, for the essence of public be the focus of leadership in any insti- serving with them on the Senate For- confidence is transparency and ac- tution. eign Relations Committee for the last countability. That is our institutional I have learned also that a free press 12 years, who have been patient with responsibility. It is our individual re- is indispensable to a free people. As me, have helped me, as well as their sponsibility. And a free people know frustrating as we all know, in this busi- staffs. the facts. If free people are living in a ness, the press can be—sometimes we The two leaders of this body—Sen- world where there is transparency, believe we are treated unfairly, and ators REID and MCCONNELL—I wish to where there is accountability, that so- maybe sometimes we are—there is no thank. I have had privileged relation- ciety will prosper. It will fix its prob- substitute in a democracy for a free ships with each. Senator MCCONNELL lems, and it will deal with its injus- press. A free press is the indispensable and I have grown to have a very close tices. Oversight—which we hear much element for a free people. relationship, friendship, and I very about these days, especially in light of I have learned too that power cor- much value that relationship. I thank the financial crisis we are in today— rupts. Lord Acton had it right: Power Senator MCCONNELL for his many cour- oversight and accountability are crit- corrupts. Absolute power corrupts ab- tesies over the years, as I do Senator ical components of our responsibilities. solutely. That doesn’t mean we are a REID. These two men are charged with Article I of the Constitution is about nation or a body or an institution of great responsibilities, and especially the Congress. We are a coequal branch corrupt people or bad people, but the over the last 2 years during as difficult of Government. If there is anything I more authority that is concentrated in a Congress certainly that I have served have learned in the 12 years I have been too small a space is going to end up in, and I suspect most of my colleagues here, it is the importance of sharing, with not an effect that is in the best have served in. They have done a re- participating in the governance of our interests of a free people. Concentra- markably good and effective job. country, being part of that governance, tions of power in the hands of a few is Certainly, I thank my family for this helping to make decisions with the dangerous to a democracy. We all who privilege and their support and their President and the executive. If one of exercise some power as national lead- guidance. They, too, have been privi- those articles of the Constitution—and ers must be mindful of this reality and leged and enriched and enhanced by there are three that set up the coequal stay vigilant to this reality. being part of this experience over the branches of government: the legisla- The next President, who will assume last 12 years. tive, the executive, and the judicial— as big an inventory of challenges and These last 12 years have been years of but anytime there becomes an imbal- problems as any President, in my opin- global reorientation and historic ance in governance in a republic and ion, since Franklin Roosevelt on March events. As I have represented Nebras- one of those three becomes too power- 4, 1933, must immediately reach to the kans during these turbulent times, I ful and the other too weak or one too Congress to make the Congress a part- have formed judgments and drawn con- weak, there will be a consequence, ner, and regardless of who the new clusions about America’s future. there will be a reaction, and it will not President is, he must also reach to the The strength of any country is its tilt in favor of an accountable, trans- American people and begin building a people. Constitutions, governments, parent, open, effective government. So consensus of governance in this coun- public and private institutions are im- it is like all things in life: We strive for try. There will be differences. There portant, for they form the structure of balance. We strive for balance of gov- will be strong debates. There must be a society, the boundaries of social be- ernance. And the Founders of the Con- and should be. But in the end, we must havior. But it is the people, the indi- stitution of this great Republic have reach some objective, some end point, viduals, who make the difference in life that as much the central focus as any and that is to fix a problem. and in the world. one part of our Government. We did that last night on the floor of Americans possess a generous spirit I believe this institution of Congress the Senate—not that what we passed in and uncommon decency predicated on will be tested more over the next few this Economic Stabilization Act will faith and family, hard work, fair play, years. We need a strong President. We fix all the problems; it won’t. But it is and belief in a better tomorrow. The need a strong executive. For it is the important that America, our markets, challenges that face America today and President and the executive that we the world bring back some confidence in the future are not just American charge to carry out the policies that in our governance, in our systems, challenges but global challenges. Ev- are made and shaped on behalf of the thereby bringing all that does flow erything we do or don’t do has global American people in the Congress of the from that confidence in a market sys- implications, just as everything that United States. They must have the tem, the elements of commerce and happens around the world has implica- flexibility, they must have the author- trade and the possibilities to build a tions for us here in our country. ity to carry those out but not without better life.

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There is no really believe that an African Amer- objection, it is so ordered. perfect solution, no easy answer, but ican had any hope or possibility to be f that is why we have leaders. That is a nominee for President of the United UNITED STATES ARMY COMMEMO- why we have governments. States, maybe even be President some RATIVE COIN ACT OF 2008 I wish to go back to accountability day? The Voting Rights Act and the for a moment because that is such an Civil Rights Act of the midsixties Mr. NELSON of Nebraska. Mr. Presi- elemental part of anyone’s life. We are changed that. We know the system can dent, I ask unanimous consent that the all accountable in life. In our personal work. Committee on Banking be discharged lives, private lives, public lives, we are These are defining times. We are liv- from further consideration of S. 2579, all accountable to someone. ing through a global reorientation. One and the Senate proceed to its imme- I would like to read a very short of the great responsibilities this body diate consideration. statement. As a matter of fact, I had will have, the next President will have, The PRESIDING OFFICER. Without we all will have, is to reintroduce this hanging in my reception room in objection, it is so ordered. America to the world. The world does my office. This was a handwritten The clerk will report the bill by title. not know who we are. Part of that is statement that was found in the coat The legislative clerk read as follows: our fault. Part of that is not our fault. pocket of General Dwight D. Eisen- A bill (S. 2579) to require the Secretary of There are 6.5 billion people, and 40 per- the Treasury to mint coins in recognition hower. It was found at the cleaners. cent of those 6.5 billion are under the This was a note he wrote in his hand on and celebration of the establishment of the age of 19 years old. Most people alive United States Army in 1775, to honor the June 6, 1944, the beginning of the Nor- today were not alive at the end of American soldier of both today and yester- mandy invasion, the invasion of Eu- World War II. This can be done. It must day, in wartime and in peace, and to com- rope. We all recall that was D-day. This be done. America is a great country be- memorate the traditions, history, and herit- is what then-General Eisenhower, who cause we are a good people. age of the United States Army and its role in was the commanding general, wrote in I wish to take my last minute in my American society, from the colonial period the event that D-day was a failure: comments today to read from a poem I to today. Our landings have failed and I have with- have distributed to friends and staff for There being no objection, the Senate drawn the troops. My decision to attack at 30 years. I do not know the author of proceeded to consider the bill. this time and place was based upon the best this poem, and I never have. I never Mr. NELSON of Nebraska. Mr. Presi- information available. The troops, the air, found out who the author of this poem dent, I ask unanimous consent that the and the Navy did all that bravery and devo- is. I have put it on a piece of glass and bill be read a third time and passed, tion to duty could do. If any blame or fault the motion to reconsider be laid upon attaches to the attempt, it is mine alone. have distributed hundreds and hun- dreds of copies to people I have worked the table, and that any statements re- Now, that is accountability. That is with over the years in different things lating to the bill be printed in the accountability. This one simple, hon- I have done. RECORD. est, handwritten statement should be I end my remarks, Mr. President, The PRESIDING OFFICER. Without as much a guiding point for all of us in this way this afternoon, by reciting objection, it is so ordered. public office as any one thing. this poem entitled ‘‘The Man in the The bill (S. 2579) was ordered to be I have also learned over the last 12 Glass’’ because it reflects on each of us engrossed for a third reading, was read years that democracy actually does but, most poignantly, it reflects on the third time, and passed, as follows: work. As raw as it is, it works. We in each of us who has responsibility to S. 2579 politics, we in government, govern- serve the public and be accountable Be it enacted by the Senate and House of Rep- ment itself, the institution of govern- and honest: resentatives of the United States of America in ment only reflects society. Politics re- When you get what you want in your strug- Congress assembled, flects society. We respond. We react in gle for self SECTION 1. SHORT TITLE. a democracy. But the countervailing And the world makes you king for a day, This Act may be cited as the ‘‘United pressures, the countervailing dynam- Just go to the mirror and look at yourself States Army Commemorative Coin Act of ics, the countervailing debates and phi- And see what that man has to say. 2008’’. losophies and opinions and positions For it isn’t your father or mother or wife SEC. 2. FINDINGS. balance the wheel in a remarkable way. Whose judgment upon you must pass. Congress finds that— I am not near wise enough to under- The fellow whose verdict counts most in (1) the United States Army, founded in your life 1775, has served this country well for over 230 stand it all. I have observed it. I have Is the one staring back from the glass. participated in it up close for 12 years. years; You may be like Jack Horner and chisel a It works. It works. That is why trans- (2) the United States Army has played a plum decisive role in protecting and defending parency is so important, so the Amer- And think you’re a wonderful guy. freedom throughout the history of the ican people can see it and feel it and But the man in the glass says you’re only a United States, from the Colonial period to understand it and be part of it. bum today, in wartime and in peace, and has con- We live in an imperfect world. There If you can’t look him straight in the eye. sistently answered the call to serve the are no perfect solutions. We are all im- He’s the fellow to please—never mind all the American people at home and abroad since perfect people. But institutions are im- rest, the Revolutionary War; portant because within the imperfect For he’s with you clear to the end. (3) the sacrifice of the American soldier, of world and in the process of trying to And you’ve passed your most dangerous, dif- all ranks, since the earliest days of the Re- public has been immense and is deserving of make a better world—maybe someday ficult test If the man in the glass is your friend. the unique recognition bestowed by com- a perfect world—the process is impor- memorative coinage; tant because it gets us to where we You may fool the whole world down the pathway of years (4) the Army, the Nation’s oldest and larg- want to be. It is a highway. It is a proc- And get pats on the back as you pass. est military service, is the only service ess. We do that well here, as well as But your final reward will be heartache and branch that currently does not have a com- anywhere in the world. We are always tears prehensive national museum celebrating, striving to make it better. If you’ve cheated the man in the glass. preserving, and displaying its heritage and I occasionally think about this great honoring its veterans; Mr. President, I yield the floor, and I (5) the National Museum of the United Republic, how it was formed, when it suggest the absence of a quorum. States Army will be— was formed. A couple of fairly recent The PRESIDING OFFICER (Mr. (A) the Army’s only service-wide, national things come to mind. When we think of WHITEHOUSE). The clerk will call the museum honoring all soldiers, of all ranks, less than 100 years ago, women in roll. in all branches since 1775; and

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(B) located at Fort Belvoir, Virginia, (2) DESIGNATIONS AND INSCRIPTIONS.—On such coin would result in the number of com- across the Potomac River from the Nation’s each coin minted under this Act, there shall memorative coin programs issued during Capitol, a 10-minute drive from Mount be— such year to exceed the annual 2-commemo- Vernon, the home of the Army’s first Com- (A) a designation of the value of the coin; rative coin program issuance limitation mander-in-Chief, and astride the Civil War’s (B) an inscription of the year ‘‘2011’’; and under section 5112(m)(1) of title 31, United decisive Washington-Richmond corridor; (C) inscriptions of the words ‘‘Liberty’’, States Code (as in effect on the date of en- (6) the Army Historical Foundation (in this ‘‘In God We Trust’’, ‘‘United States of Amer- actment of this Act). The Secretary of the Act referred to as the ‘‘Foundation’’), found- ica’’, and ‘‘E Pluribus Unum’’. Treasury may issue guidance to carry out ed in 1983— (b) SELECTION.—The design for the coins this subsection. (A) is dedicated to preserving the history minted under this Act shall— and heritage of the American soldier; and (1) contain motifs that specifically honor f (B) seeks to educate future Americans to the American soldier of both today and yes- fully appreciate the sacrifices that genera- terday, in wartime and in peace, such de- JUANITA MILLENDER-MCDONALD tions of American soldiers have made to signs to be consistent with the traditions HIGHWAY safeguard the freedoms of this Nation; and heritage of the United States Army, the (7) the completion and opening to the pub- mission and goals of the National Museum of Mr. NELSON of Nebraska. Mr. Presi- lic of the National Museum of the United the United States Army, and the missions dent, I ask unanimous consent that the States Army will immeasurably help in ful- and goals of the Foundation; Senate proceed to the immediate con- filling that mission; (2) be selected by the Secretary, after con- sideration of H.R. 4131, which was re- (8) the Foundation is a nongovernmental, sultation with the Secretary of the Army, ceived from the House. member-based, and publicly supported non- the Foundation, and the Commission of Fine The PRESIDING OFFICER. The profit organization that is dependent on Arts; and clerk will report the bill by title. funds from members, donations, and grants (3) be reviewed by the Citizens Coinage Ad- The legislative clerk read as follows: for support; visory Committee. (9) the Foundation uses such support to SEC. 5. ISSUANCE OF COINS. A bill (H.R. 4131) to designation a portion of California State Route 91 located in Los help create the National Museum of the (a) QUALITY OF COINS.—Coins minted under United States Army, refurbish historical this Act shall be issued in uncirculated and Angeles County, California, as the ‘‘Juanita Army buildings, acquire and conserve Army proof qualities. Millender-McDonald Highway.’’ historical art and artifacts, support Army (b) MINT FACILITIES.—For each of the 3 There being no objection, the Senate history educational programs, for research, coins minted under this Act, at least 1 facil- proceeded to consider the bill. and publication of historical materials on ity of the United States Mint shall be used Mr. NELSON of Nebraska. Mr. Presi- the American soldier, and to provide support to strike proof quality coins, while at least 1 dent, I ask unanimous consent that the and counsel to private and governmental or- other such facility shall be used to strike the bill be read three times and passed, the ganizations committed to the same goals as uncirculated quality coins. the Foundation; (c) PERIOD FOR ISSUANCE.—The Secretary motion to reconsider be laid upon the (10) in 2000, the Secretary of the Army des- may issue coins minted under this Act only table, with no intervening action or de- ignated the Foundation as its primary part- during the 1-year period beginning on Janu- bate, and that any statements relating ner in the building of the National Museum ary 1, 2011. to the bill be printed in the RECORD. of the United States Army; and SEC. 6. SALE OF COINS. The PRESIDING OFFICER. Without (11) the Foundation is actively engaged in (a) SALE PRICE.—The coins issued under objection, it is so ordered. executing a major capital campaign to sup- this Act shall be sold by the Secretary at a The bill (H.R. 4131) was ordered to a port the National Museum of the United price equal to the sum of— States Army. third reading, was read the third time, (1) the face value of the coins; and passed. SEC. 3. COIN SPECIFICATIONS. (2) the surcharge provided in section 7(a) (a) DENOMINATIONS.—In recognition and with respect to such coins; and f celebration of the founding of the United (3) the cost of designing and issuing the States Army in 1775, and notwithstanding coins (including labor, materials, dies, use of ORGAN TRANSPLANT any other provision of law, the Secretary of machinery, overhead expenses, marketing, AUTHORIZATION ACT OF 2008 the Treasury (in this Act referred to as the and shipping). ‘‘Secretary’’) shall mint and issue the fol- (b) BULK SALES.—The Secretary shall Mr. NELSON of Nebraska. Mr. Presi- lowing coins: make bulk sales of the coins issued under dent, I ask unanimous consent that the (1) $5 GOLD COINS.—Not more than 100,000 $5 this Act at a reasonable discount. Senate proceed to the immediate con- coins, which shall— (c) PREPAID ORDERS.— sideration of H.R. 6469, which is at the (1) IN GENERAL.—The Secretary shall ac- (A) weigh 8.359 grams; desk. (B) have a diameter of 0.850 inches; and cept prepaid orders for the coins minted under this Act before the issuance of such The PRESIDING OFFICER. The (C) contain 90 percent gold and 10 percent clerk will report the bill by title. alloy. coins. (2) $1 SILVER COINS.—Not more than 500,000 (2) DISCOUNT.—Sale prices with respect to The legislative clerk read as follows: $1 coins, which shall— prepaid orders under paragraph (1) shall be A bill (H.R. 6469) to amend the Public (A) weigh 26.73 grams; at a reasonable discount. Health Service Act to authorize increased (B) have a diameter of 1.500 inches; and SEC. 7. SURCHARGES. Federal funding for the Organ Procurement (C) contain 90 percent silver and 10 percent (a) IN GENERAL.—All sales of coins minted and Transplantation Network. copper. under this Act shall include a surcharge as There being no objection, the Senate (3) HALF DOLLAR CLAD COINS.—Not more follows: proceeded to consider the bill. (1) A surcharge of $35 per coin for the $5 than 750,000 half dollar coins, which shall— Mr. NELSON of Nebraska. Mr. Presi- (A) weigh 11.34 grams; coin. (B) have a diameter of 1.205 inches; and (2) A surcharge of $10 per coin for the $1 dent, I ask unanimous consent that the (C) be minted to the specifications for half coin. substitute amendment, which is at the dollar coins, contained in section 5112(b) of (3) A surcharge of $5 per coin for the half desk, be agreed to, the bill, as amend- title 31, United States Code. dollar coin. ed, be read three times and passed, the (b) LEGAL TENDER.—The coins minted (b) DISTRIBUTION.—Subject to section motions to reconsider be laid upon the under this Act shall be legal tender, as pro- 5134(f) of title 31, United States Code, all sur- table, with no intervening action or de- charges received by the Secretary from the vided in section 5103 of title 31, United States bate, and that any statement relating Code. sale of coins issued under this Act shall be promptly paid by the Secretary to the Foun- to the bill be printed in the RECORD. (c) NUMISMATIC ITEMS.—For purposes of dation to help finance the National Museum The PRESIDING OFFICER. Without sections 5134 and 5136 of title 31, United of the United States Army. objection, it is so ordered. States Code, all coins minted under this Act (c) AUDITS.—The Foundation shall be sub- shall be considered to be numismatic items. The amendment (No. 5693) was agreed ject to the audit requirements of section to, as follows: SEC. 4. DESIGN OF COINS. 5134(f)(2) of title 31, United States Code, with (Purpose: In the nature of a substitute) (a) DESIGN REQUIREMENTS.— regard to the amounts received by the Foun- (1) IN GENERAL.—The design of the coins dation under subsection (b). Strike all after the enacting clause and in- minted under this Act shall be emblematic (d) LIMITATION.—Notwithstanding sub- sert the following: of the traditions, history, and heritage of the section (a), no surcharge may be included SECTION 1. SHORT TITLE. United States Army, and its role in Amer- with respect to the issuance under this Act This Act may be cited as the ‘‘Stephanie ican society from the Colonial period to of any coin during a calendar year if, as of Tubbs Jones Organ Transplant Authoriza- today. the time of such issuance, the issuance of tion Act of 2008’’.

VerDate Aug 31 2005 04:35 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.012 S02OCPT1 rfrederick on PROD1PC67 with SENATE S10422 CONGRESSIONAL RECORD — SENATE October 2, 2008 SEC. 2. INCREASED FUNDING FOR THE ORGAN Counce, Tennessee, as the ‘‘Pickwick ice located at 245 North Main Street in PROCUREMENT AND TRANSPLAN- Post Office Building,’’ was considered, New York, New York, as the ‘‘Kenneth TATION NETWORK. Section 372(a) of the Public Health Service ordered to a third reading, read the Peter Zebrowski Post Office Building,’’ Act (42 U.S.C. 274(a)) is amended by striking third time, and passed. was ordered to be engrossed for a third ‘‘$2,000,000’’ and inserting ‘‘$7,000,000’’. f reading, was read the third time, and passed, as follows: SEC. 3. REPORT. GORDON N. CHAN POST OFFICE (a) IN GENERAL.—The Secretary of Health BUILDING S. 3625 and Human Services shall request that the Be it enacted by the Senate and House of Rep- Executive Director of the Organ Procure- The bill (H.R. 6558) to designate the resentatives of the United States of America in ment and Transplantation Network submit facility of the United States Postal Congress assembled, to Congress, not later than 1 year after the Service located at 1750 Lundy Avenue SECTION 1. KENNETH PETER ZEBROWSKI POST date of enactment of this Act, a report that in San Jose, California, as the ‘‘Gordon OFFICE BUILDING. shall include— N. Chan Post Office Building,’’ was (a) DESIGNATION.—The facility of the (1) the identity of transplant programs considered, ordered to a third reading, United States Postal Service located at 245 that have become inactive or have closed read the third time, and passed. North Main Street in New City, New York, since the heart allocation policy change of shall be known and designated as the ‘‘Ken- 2006; f neth Peter Zebrowski Post Office Building’’. (2) the distance to the next closest oper- CWO RICHARD R. LEE POST (b) REFERENCES.—Any reference in a law, ational heart transplant center from such in- OFFICE BUILDING map, regulation, document, paper, or other activated or closed programs and an evalua- record of the United States to the facility re- tion of whether or not access to care has The bill (H.R. 6834) to designate the ferred to in subsection (a) shall be deemed to been reduced to the population previously facility of the United States Postal be a reference to the ‘‘Kenneth Peter serviced by such inactive or closed program; Service located at 4 South Main Street Zebrowski Post Office Building’’. (3) the number of patients with rural zip in Wallingford, Connecticut, as the f codes that received transplants after the ‘‘CWO Richard R. Lee Post Office heart allocation policy change of 2006 as SPENCER BYRD POWERS, JR., Building,’’ was considered, ordered to a compared with the number of such patients POST OFFICE that received such transplants prior to such third reading, read the third time, and heart allocation policy change; passed. The bill (S. 3521) to designate the fa- (4) a comparison of the number of trans- f cility of the United States Postal Serv- plants performed, the mortality rate for in- ice located at 95 Dogwood Street in dividuals on the transplant waiting lists, and STAFF SERGEANT NICHOLAS RAY Cary, Mississippi, as the ‘‘Spencer Byrd the post-transplant survival rate nationally CARNES POST OFFICE Powers, Jr. Post Office,’’ was ordered and by region prior to and after the heart al- The bill (H.R. 6902) to designate the to be engrossed for a third reading, was location policy change of 2006; and facility of the United States Postal read the third time, and passed, as fol- (5) specifically with respect to Service located at 5136 6th Avenue in lows: allosensitized patients, a comparison of the number of heart transplants performed, the Dayton, Kentucky, as the ‘‘Staff Ser- S. 3521 mortality rate for individuals on the heart geant Nicholas Ray Carnes Post Of- Be it enacted by the Senate and House of Rep- transplant waiting lists, and the post heart fice,’’ was considered, ordered to a resentatives of the United States of America in transplant survival rate nationally and by third reading, read the third time, and Congress assembled, region prior to and after the heart allocation passed. SECTION 1. SPENCER BYRD POWERS, JR. POST policy change of 2006. OFFICE. f (b) LIMITATION ON FUNDING.—The increase (a) DESIGNATION.—The facility of the provided for in the amendment made by sec- LEO J. RYAN POST OFFICE United States Postal Service located at 95 tion 2 shall not apply with respect to con- BUILDING Dogwood Street in Cary, Mississippi, shall be known and designated as the ‘‘Spencer Byrd tracts entered into under section 372(a) of The bill (H.R. 6982) to designate the the Public Health Service Act (42 U.S.C. Powers, Jr. Post Office’’. 274(a)) after the date that is 1 year after the facility of the United States Postal (b) REFERENCES.—Any reference in a law, date of enactment of this Act if the Execu- Service located at 210 South Ellsworth map, regulation, document, paper, or other tive Director of the Organ Procurement and Avenue in San Mateo, California, as record of the United States to the facility re- Transplantation Network fails to submit the the ‘‘Leo J. Ryan Post Office Build- ferred to in subsection (a) shall be deemed to report under subsection (a). ing,’’ was considered, ordered to a third be a reference to the ‘‘Spencer Byrd Powers, The amendment was ordered to be reading, read the third time, and Jr. Post Office’’. engrossed, and the bill to be read a passed. f third time. f MINNIE COX POST OFFICE The bill (H.R. 6469), as amended, was UNANIMOUS-CONSENT AGREE- BUILDING read the third time, and passed. MENT—S. 3625, S. 3521, AND H.R. The bill (H.R. 4010) to designate the f 4010 facility of the United States Postal UNANIMOUS-CONSENT Mr. NELSON of Nebraska. Mr. Presi- Service located at 100 West Percy AGREEMENT—HOUSE MEASURES dent, I ask unanimous consent that the Street in Indianola, Mississippi, as the Homeland Security and Governmental ‘‘Minnie Cox Post Office Building,’’ was Mr. NELSON of Nebraska. Mr. Presi- Affairs Committee be discharged from considered, ordered to a third reading, dent, I ask unanimous consent that the further consideration of the following read the third time, and passed. Senate proceed to the immediate con- bills en bloc, and the Senate proceed to f sideration of the following bills en their immediate consideration: S. 3625, bloc, which were received from the LOUISA SWAIN DAY S. 3521, and H.R. 4010; that the bills be House: H.R. 6197, H.R. 6558, H.R. 6834, read a third time and passed en bloc, Mr. NELSON of Nebraska. Mr. Presi- H.R. 6902, and H.R. 6982; that the bills the motions to reconsider be laid upon dent, I ask unanimous consent that the be read three times and passed en bloc, the table en bloc, and any statements Senate proceed to the immediate con- the motions to reconsider be laid upon related to the bills be printed in the sideration of H. Con. Res. 378, which the table en bloc, and any statements was received from the House. RECORD. related to the bills be printed in the The PRESIDING OFFICER. Without The PRESIDING OFFICER. The RECORD. objection, it is so ordered. clerk will report the concurrent resolu- The PRESIDING OFFICER. Without There being no objection, the Senate tion by title. objection, it is so ordered. proceeded to consider the bills. The legislative clerk read as follows: f f A concurrent resolution (H. Con. Res. 378) expressing support for designation of Sep- PICKWICK POST OFFICE BUILDING KENNETH PETER ZEBROWSKI tember 6, 2008, as Louisa Swain Day. The bill (H.R. 6197) to designate the POST OFFICE BUILDING There being no objection, the Senate facility of the United States Postal The bill (S. 3625) to designate the fa- proceeded to consider the concurrent Service located at 7095 Highway 57 in cility of the United States Postal Serv- resolution.

VerDate Aug 31 2005 04:35 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.013 S02OCPT1 rfrederick on PROD1PC67 with SENATE October 2, 2008 CONGRESSIONAL RECORD — SENATE S10423 Mr. NELSON of Nebraska. Mr. Presi- On page 3, lines 6 and 7, strike ‘‘maternal The PRESIDING OFFICER. The dent, I ask unanimous consent that the health as a human right’’ and insert ‘‘that clerk will report the resolution by resolution be agreed to, the preamble the right to access quality and affordable title. health care is essential to improving mater- be agreed to, the motion to reconsider nal health’’. The legislative clerk read as follows: be laid upon the table, and that any The resolution (S. Res. 616), as A resolution (S. Res. 705) expressing the statements related to the resolution be amended, was agreed to. sense of the Senate on the commitment of printed in the RECORD. The preamble was agreed to. the United States to the preservation of reli- The PRESIDING OFFICER. Without The resolution, as amended, with its gious and cultural sites. objection, it is so ordered. preamble, reads as follows: There being no objection, the Senate The concurrent resolution (H. Con. S. RES. 616 proceeded to consider the resolution. Res. 378) was agreed to. Whereas more than 536,000 women die dur- Mr. NELSON of Nebraska. Mr. Presi- The preamble was agreed to. ing pregnancy and childbirth every year dent, I ask unanimous consent the res- f which is one every minute; olution be agreed to, the preamble be RECOGNIZING THE 10TH ANNIVER- Whereas in 15 percent of all pregnancies, agreed to, the motions to reconsider be the complications are life-threatening; SARY OF THE ESTABLISHMENT Whereas girls under 15 are 5 times more laid upon the table. OF THE MINORITY AIDS INITIA- likely to die in childbirth than women in The PRESIDING OFFICER. Without TIVE their 20s; objection, it is so ordered. Mr. NELSON of Nebraska. Mr. Presi- Whereas nearly all these deaths are pre- The resolution (S. Res. 705) was dent, I ask unanimous consent the Sen- ventable; agreed to. Whereas survival rates greatly depend ate proceed to the immediate consider- upon the distance and time a woman must The preamble was agreed to. ation of H. Con. Res. 426, which was re- travel to get skilled emergency medical care; The resolution, with its preamble, ceived from the House. Whereas care by skilled birth attendants, reads as follows: The PRESIDING OFFICER. The nurses, midwives, or doctors during preg- S. RES. 705 clerk will report the concurrent resolu- nancy and childbirth, including emergency services, and care for mothers and newborns Whereas the Senate is committed to pro- tion by title. tecting and preserving the cultural heritage The legislative clerk read as follows: is essential; Whereas the poorer the household, the of all national, religious, and ethnic groups, A concurrent resolution (H. Con. Res. 426) greater the risk of maternal death, and 99 including cemeteries and other sacred sites recognizing the 10th anniversary of the es- percent of maternal deaths occur in devel- of those groups in the United States and tablishment of the Minority AIDS Initiative. oping countries; abroad; There being no objection, the Senate Whereas newborns whose mothers die of Whereas the Holocaust annihilated much proceeded to consider the concurrent any cause are 3 to 10 times more likely to die of the Jewish population of Europe, and in many countries in Europe, no Jewish people resolution. within 2 years than those whose mothers sur- vive; were left to care for the communal prop- Mr. NELSON of Nebraska. I ask erties that represent a historic culture in the unanimous consent the concurrent res- Whereas more than 1,000,000 children are left motherless and vulnerable every year; area and constitute an integral part of the olution be agreed to, the preamble be Whereas young girls are often pulled from Jewish religion; agreed to, the motions to reconsider be school and required to fill their lost mother’s Whereas the Holocaust and 45 years of laid upon the table, with no inter- roles; atheistic, Communist governments in East- vening action or debate, and any state- Whereas a mother’s death lowers family in- ern Europe created a critical need that led to the establishment of the United States Com- ments be printed in the RECORD. come and productivity which affects the en- mission for the Preservation of America’s The PRESIDING OFFICER. Without tire community; Whereas in countries with similar levels of Heritage Abroad under section 1303 of the objection, it is so ordered. International Security and Development Co- The concurrent resolution (H. Con. economic development, maternal mortality is highest where women’s status is lowest; operation Act of 1985 (16 U.S.C. 469j); Res. 426) was agreed to. Whereas the United States ranks 41st Whereas the United States Commission for The preamble was agreed to. among 171 countries in the latest UN list the Preservation of America’s Heritage f ranking maternal mortality; Abroad is tasked with identifying and re- porting on cemeteries, monuments, and his- REDUCING MATERNAL MORTALITY Whereas the overall United States mater- nal mortality ratio is now 11 deaths per toric buildings in Eastern and Central Eu- Mr. NELSON of Nebraska. Mr. Presi- 100,000 live births, one of the highest rates rope that are associated with the heritage of dent, I ask unanimous consent that the among industrialized nations; United States citizens and obtaining assur- ances from the governments in those regions Health, Education, Labor, and Pen- Whereas United States maternal deaths have remained roughly stable since 1982 and that those properties will be protected and sions Committee be discharged from preserved; further consideration of S. Res. 616 and have not declined significantly since then; Whereas the Centers for Disease Control Whereas many of those properties continue the Senate proceed to its immediate estimates that the true level of United to be endangered and governments and com- consideration. States maternal deaths may be 1.3 to 3 times munities continue to face fundamental and The PRESIDING OFFICER. Without higher than the reported rate; and compelling challenges in the preservation of objection, it is so ordered. The clerk Whereas ethnic and racial disparities in those properties; will report the resolution by title. maternal mortality rates persist and in the Whereas experts within Lithuania and The legislative clerk read as follows: United States maternal mortality among from around the world believe that the ceme- black women is almost four times the rate tery located in the Snipiskes area of Vilnius, A resolution (S. Res. 616) reducing mater- Lithuania, is an historic Jewish cemetery nal mortality both at home and abroad. among non-Hispanic white women: Now, therefore, be it and is sacred ground; There being no objection, the Senate Resolved, That the Senate— Whereas, in 2005, municipal authorities in proceeded to consider the resolution. (1) makes a stronger commitment to reduc- Vilnius, Lithuania, approved the construc- Mr. NELSON of Nebraska. I ask ing maternal mortality both at home and tion of an apartment building at the outer unanimous consent the Lincoln amend- abroad through more effective financial in- edge of that Jewish cemetery; vestment and participation in global initia- Whereas that cemetery dates to the 15th ment to the resolution, which is at the century and is known by scholars in Lith- desk, be agreed to, the resolution as tives; and (2) recognizes that the right to access qual- uania and around the world as the first Jew- amended be agreed to, the preamble be ity and affordable health care is essential to ish cemetery in Vilnius; agreed to, the motions to reconsider be improving maternal health. Whereas it is believed that, before the Gov- laid upon the table, with no inter- ernment closed the cemetery in the early f vening action or debate, and any state- 1800s, more than 50,000 Jews were buried ments be printed in the RECORD. PRESERVATION OF RELIGIOUS there; The PRESIDING OFFICER. Without AND CULTURAL SITES Whereas, in December 2006, several months after experts and groups from around the objection, it is so ordered. Mr. NELSON of Nebraska. Mr. Presi- world expressed grave concern about the The amendment (No. 5694) was agreed dent, I ask unanimous consent that the desecration of the Snipiskes cemetery, the to, as follows: Senate now proceed to the consider- Prime Minister of Lithuania established a On page 3, line 4, strike ‘‘greater’’ and in- ation of S. Res. 705, which was sub- working group to define the cemetery’s bor- sert ‘‘more effective’’. mitted earlier today. ders and to consider how to memorialize it;

VerDate Aug 31 2005 04:35 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.084 S02OCPT1 rfrederick on PROD1PC67 with SENATE S10424 CONGRESSIONAL RECORD — SENATE October 2, 2008 Whereas, in 2007, before the conclusion of The legislative clerk read as follows: won 14 gold medals over the course of the working group, authorities of the Gov- A resolution (S. Res. 704) Congratulating his Olympic career, also an Olympic ernment of Lithuania approved additional the members of the United States Olympic record, and a total of 16 medals. To put construction on the disputed ground; and Paralympic Teams on their success in this astonishing feat into perspective, Whereas, in May 2007, the working group, the 2008 Summer Olympic and Paralympic Michael won more gold medals in Bei- consisting of historians, scientists, and rab- Games and supporting the selection of Chi- bis from Lithuania and around the world, jing than all but eight countries! And cago, Illinois, as the site of the 2016 Summer he won more medals in total than all called for a halt in construction activity Olympic and Paralympic Games. until completion of a site study to be under- but 24 countries! taken using ground-penetrating radar; There being no objection, the Senate Who will ever forget the incredible Whereas, on September 3, 2008, a group proceeded to consider the resolution. come-from-behind victory Michael and commissioned by the Government of Lith- Mr. CARDIN. Mr. President, I rise his teammates Garrett Weber-Gale, uania to study the area using the ground- today to recognize the outstanding Cullen Jones, and Jason Lezak penetrating radar concluded that the bound- Olympic and Paralympic athletes from achieved in Men’s 400-Meter Freestyle aries of the cemetery included the disputed Maryland who proudly represented our Relay event as they edged the favored apartment buildings; country in the 2008 Summer Olympic Whereas the Ministry of Culture of Lith- French team by 8/100ths of a second? uania released a statement dismissing the and Paralympic Games in Beijing, That was one of the most exciting and study as inconclusive; China. inspirational finishes in Olympic his- Whereas the fact that the Government of Michael Phelps II, a swimmer from tory. Just as exciting was Michael’s Lithuania has allowed construction to take Baltimore; Katie Hoff, a swimmer from finish in the Men’s 200-Meter Butterfly place at the Jewish cemetery located in the Towson; David Banks, a rower from Po- event when a stutter stroke and lunge Snipiskes area of Vilnius, Lithuania, and tomac; Jun Gao, a table tennis player at the end enabled him to beat Laszlo that desecration of sacred sites continues from Gaithersburg; Scott Parsons, a Cseh by the width of a fingernail! into the 21st century, is an affront to the canoe and kayak racer from Bethesda; international Jewish community, the people Despite the epic greatness of his of the United States, and everyone who val- Freddie Adu, a soccer player from achievement, Michael spoke modestly ues religious freedom and ethnic diversity Rockville; Gary Russell, Jr., a boxer after winning his eighth gold, saying, around the world; from Capital Heights; Tatyana McFad- ‘‘Records are always made to be broken Whereas the United States and Lithuania den, a wheelchair racer from Clarks- no matter what they are . . . Anybody signed the Agreement on the Protection and ville; and Jessica Long, a swimmer can do anything that they set their Preservation of Certain Cultural Properties from Baltimore, made all Marylanders mind to.’’ Michael proved not only to on October 15, 2002; proud as exemplary members of Team be a model of what one can achieve Whereas Article 1 of the Agreement states, USA. ‘‘Each Party will take appropriate steps to with hard work and determination, but protect and preserve the cultural heritage of In particular, I especially would like also a model of the courtesy and all national, religious or ethnic groups . . . to recognize the three athletes from sportsmanship upon which the Olym- who reside or resided in its territory and Maryland whose exceptional perform- pics were founded. He is a self-effacing were victims of genocide in its territory dur- ances were rewarded with Paralympic young man whose enthusiasm, mod- ing the Second World War. The term ‘cul- and Olympic medals. esty, cheerfulness, and charm have en- tural heritage’ for purposes of this Agree- Jessica Long won four gold medals, deared him to people around the world. ment means . . . cemeteries and memorials one silver medal, and one bronze medal I would be remiss if I didn’t mention to the dead. . . .’’; in the 2008 Paralympics. Jessica not Whereas cemeteries are sacred sites and his extraordinary mother, Debbie, and are established to remain undisturbed in per- only won six medals; she set the world his coach, Bob Bowman. The obvious petuity, and the sanctity of a cemetery is de- record in the Women’s 100-Meter Free- affection and respect he has for these termined by the bodies buried in the ceme- style event. two people indicate just how important tery; and Perhaps more extraordinary than her they have been in his life. Whereas, while vandalism of headstones or performance in this year’s games are Michael is not content to rest on his construction of a commercial building on the the challenges she had to overcome laurels. He wants to attract more kids site disgraces the cemetery, it does not just to get to Beijing. Jessica was born to swimming and to teach them about change its sacred status: Now, therefore, be with an abnormality in her lower legs pursuing their dreams, using his own it Resolved, That the Senate— and spent her infancy at an orphanage life as an example. He will donate the (1) expresses strongly to the Government in eastern Russia before an American $1 million Olympic bonus he received of Lithuania that the cemetery located in couple adopted her when she was 13 from Speedo to a foundation he has the Snipiskes area of Vilnius, Lithuania, months old. Five months later, she had created to promote water safety and which is an important part of the cultural her legs amputated in the U.S. While youth swimming. ‘‘This is a way for me heritage of the Jewish people, should not be these obstacles may have broken the to really help grow the sport,’’ he said further desecrated; spirit of most others, they only in explaining why he gave the prize to (2) urges the Government of Lithuania to strengthened Jessica’s resolve and she take all the necessary steps to immediately the newly-created Michael Phelps stop and, if necessary, reverse, construction is now a 15-time world record holder. Foundation. on that cemetery; Katie Hoff also excelled in Beijing, Michael knew he wanted to spread in- (3) reaffirms that constructive bilateral re- winning one silver and two bronze med- terest in swimming but also wanted to lations between Lithuania and the United als at the XXIX Olympiad. In addition convey a message that could apply to States are important to the Governments to winning the silver medal in the other activities, so he is creating a pro- and citizens of both countries; and Women’s 400-Meter Freestyle event, gram called ‘‘Dream, Plan, Reach.’’ It’s (4) expresses strong support for the work of Katie set American records in winning designed to help children set goals and the United States Commission for the Pres- the silver medal in the Women’s 400- take daily responsibility for pursuing ervation of America’s Heritage Abroad and for the European countries that continue to Meter Freestyle Relay event, in win- them. He is also helping to raise money work to preserve sacred historical sites, de- ning the bronze medal in the Women’s for charity by autographing photos, spite ongoing challenges. 800-Meter Freestyle Relay event and in USA swim caps, Sports Illustrated cov- f finishing fourth in the Women’s 200- ers, and other collectibles in a deal Meter Freestyle event. with Grandstand Sports & Memora- CONGRATULATING 2008 OLYMPIC Last, but certainly not least, is the bilia, offering fans the chance to own AND PARALYMPIC TEAMS performance of Michael Phelps—the keepsakes from the Beijing Games. Mr. NELSON of Nebraska. Mr. Presi- greatest accomplishment in Olympic The people of Maryland are privi- dent, I ask unanimous consent that the history, and one of the greatest ath- leged to have had such an outstanding Senate proceed to the immediate con- letic accomplishments of all time. group represent us at the Olympic sideration of S. Res. 704 submitted ear- This summer, Michael Phelps set Games. All of these athletes sacrificed lier today. seven world records and one Olympic tremendously in order to reach this The PRESIDING OFFICER. The record while winning eight gold med- pinnacle of athletic success, spending clerk will report the resolution by als, the most ever by an individual ath- countless hours in grueling and ardu- title. lete in a single Olympics. He now has ous training in order to wear the red,

VerDate Aug 31 2005 04:35 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.026 S02OCPT1 rfrederick on PROD1PC67 with SENATE October 2, 2008 CONGRESSIONAL RECORD — SENATE S10425 white, and blue in Beijing. I commend Santos, Heather Bown, and Kim countries in Beijing: Andrew Hurd for them all for their dedication and valor, Willoughby, all shared a hand in claim- Canada in swimming; Alon Mandel for and the exemplary way in which they ing the silver medal for an exciting Israel in swimming; Natasha Moodie represented the United States of Amer- U.S. Women’s Volleyball team. for Jamaica in swimming; Valeria ica. They have made Marylanders and The University of Hawaii has a lot to Silva for Peru in swimming; Nate all Americans proud. be proud of, with all 10 representing Brannen, Kevin Sullivan, and Nicole I am pleased the Senate passed S. athletes—including past alumni and Forrester for Canada in track and field; Res. 700 yesterday a resolution Senator current students—returning home with Adam Harris for Guyana in track and MIKULSKI and I introduced along with medals. field; Stann Waithe for Trinidad and 12 other cosponsors honoring the I congratulate these remarkable ath- Tobago in track and field; Nick Willis achievements of Michael Phelps, Katie letes, and all of those who competed in for New Zealand in track and field; and Hoff, and the rest of the United States Beijing, and wish them success in all Janine Hanson and Heather Mandoli Olympic Swimming Team for their future endeavors. You made Hawaii for Canada in rowing. record-breaking performances at the and our Nation proud. Athletes rely heavily on the guidance 2008 Summer Olympic Games, where Mr. LEVIN. Mr. President, I would of trainers, coaches, and others to suc- they won 31 medals, including 12 gold like to take this opportunity to con- ceed. It is impossible to overlook the medals, 9 silver medals, and 10 bronze gratulate all of the athletes who par- important role these individuals play, medals. While records may indeed be ticipated in the 2008 Summer Olympic as they provide the direction, advice, made to be broken, the accomplish- Games in Beijing, China. The Olympic and support central to transforming ments of this team will not be forgot- Games represents the culmination of gifted athletes into Olympians. The ten. It is fitting for the Senate to pay years of dedication, discipline, intense coaches and trainers with ties to tribute and pass along its congratula- training, and determination. These Michigan include: Bob Bowman, coach tions for a job superbly well done. Olympians have worked tirelessly and for the U.S. Swim Team; Mike Bottom, Mr. AKAKA. Mr. President, I would sacrificed much for many years for the coach for the Croatian Swim Team; like to congratulate all of our national honor to represent the United States, Steve Fraser, coach for the U.S. Greco Olympic champions. The 2008 Summer and it was a joy and a privilege to Roman Wrestling Team; Lisa Hass, Olympic games held in Beijing brought watch them compete. The sportsman- trainer for the U.S. Rowing Team; the world together, and showcased the ship and athleticism exhibited was in- Scott MacDonald, coach for the Cana- best athletes from around the globe. spiring, and a sleep-deprived nation dian Track and Field Team; Jon I would like to recognize the Olym- was transfixed by the many trium- Urbancheck, coach for the U.S. Swim pians with ties to my home State of phant and thrilling moments that de- Team; and Kevin Jackson, coach for Hawaii. Representing the United fined the Summer Games in Beijing. the U.S. Freestyle Wrestling Team. States: Brandon Brooks, Robyn Ah Our athletes competed admirably and The Olympic Games are charged with Mow-Santos, Lindsey Napela Berg, embodied the Olympic spirit. emotion. Competing in the Olympics is Natasha Kai, Clay Stanley, Heather The 2008 Summer Olympics provided an honor and an athlete’s fleeting op- Bown, Kim Willoughby, Taylor Takata, an opportunity for athletes and viewers portunity to demonstrate to the world Bryan Clay, and Clarrissa Chun. Rep- from around the globe to witness Chi- his or her ability. The opportunity to resenting the Marshall Islands in their na’s culture and hospitality. As China bring home an Olympic medal is an country’s first Olympics: Anju Jason, opened its doors to the world during honor that many athletes dream about and Jared Heine. Representing Aus- this 16-day span, they treated us to a and only a few ever realize. These ath- tralia: Justine Smethurst, Stacey Por- visually stunning opening and closing letes shoulder a tremendous amount of ter, and Melanie Schlanger. Rep- ceremony, which bookended an equally pressure, yet they are still able to per- resenting the Netherlands: Iefke Van impressive parade of athletic excel- form with the eyes of the world upon Belkum, and Meike De Nooy. And rep- lence in spectacular venues built spe- them. They create history, and mo- resenting the Philippines: Daniel cifically for these games. ments many will remember for a life- Coakley, and Christel Simms. I would Michigan was well represented in time. The 2008 Beijing Olympics had its also like to recognize the efforts of Beijing, upholding our State’s long tra- share of moments that have been Maui resident and Paralympian Beth dition of producing world class ath- etched into our minds and hearts and Arnoult, who represented the U.S. in letes. It gives me great pride to recog- stories that will be told for years to women’s wheelchair tennis. nize the 27 athletes with Michigan I would now like to highlight a few of come. roots who represented the United Swimming provided some of the most the medal winners. Bryan Clay, from Kaneohe, Oahu, re- States in the 2008 Summer Games: intense moments in the history of the covered from injury last year to win Mike Hessman in baseball; Tayshaun Olympics, and I am proud to join Sen- his first gold medal in decathlon with Prince and Katie Smith in basketball; ator CARDIN and others in the Senate an impressive performance. Clay is one Courtney King-Dye in equestrian; Shei- in sponsoring S. Res. 700. This resolu- of two Olympians now featured on the la Taormina in the modern pentathlon; tion, which was passed by the Senate post-Beijing Olympics Wheaties cereal Ellen Tomek and Matt Hughes in row- earlier this week, salutes the historic box, along with gymnast Nastia ing; Carrie Howe in sailing; Daryl achievements of the U.S. Olympic Liukin. Szarenski in shooting; Kate Markgraf Swim Team. It also salutes the unprec- Honolulu native Clay Stanley helped and Lindsey Tarpley in soccer; Kara edented achievements of Michael the United States men’s volleyball Lynn Joyce, Michael Phelps, Allison Phelps, who became the first Olympian team defeat the favored team from Schmitt, Peter Vanderkaay, and Eric to win eight gold medals in a single Brazil to win the gold medal. Vendt in swimming; Serena Williams Olympics. Natasha Kai, a Kahuku High School in tennis; Ebonie Floyd, Dathan These Olympic Games were full of graduate, was the first player in his- Ritzenhein, Brian Sell, and Anna Wil- wonder and joy, and I know I speak for tory to be named Western Athletic lard in track and field; Betsey Arm- all Michiganders when I express my Conference Player of the Year three strong and Alison Gregorka in water pride and gratitude to all of the ath- times while playing for the University polo; and Randi Miller, Adam Wheeler, letes and coaches who participated in of Hawaii soccer team. As a forward on Andy Hrovat, and Spenser Mango in the 2008 Beijing Olympics. These indi- the U.S. Women’s team, she scored a wrestling. These Michigan athletes viduals sacrificed countless hours in game-winning goal in overtime to beat proudly represented our State and our practice and pushed themselves and Canada in the quarterfinal round. The Nation and brought home 22 medals: 15 their teammates to perform at their U.S. team went on to win gold. gold, 4 silver, and 3 bronze. best. To the athletes and coaches from Punahou High School graduate Bran- It also comes as no surprise that the Michigan, I extend to you my heartiest don Brooks helped capture silver for State of Michigan, which boasts some congratulations and thanks for rep- the United States in Men’s Water polo. of the richest collegiate athletics pro- resenting our State and our Nation Punahou graduate Lindsey Berg, and grams available, has ties to another with dignity. I know my colleagues in former U.H. stars Robyn Ah Mow- dozen athletes who competed for their the Senate join me in honoring every

VerDate Aug 31 2005 03:25 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.029 S02OCPT1 rfrederick on PROD1PC67 with SENATE S10426 CONGRESSIONAL RECORD — SENATE October 2, 2008 athlete who represented Michigan and for her captivating performance at the Whereas more than 200 athletes from the the United States in Beijing. I wish Beijing Olympics. Ms. Harper, a grad- United States competed in 18 sports on be- each athlete future success as they uate of East St. Louis High School and half of the United States in the 2008 Summer UCLA, was a part of the U.S. Women’s Paralympic Games in Beijing, China, from continue to strive for excellence. September 6 to September 17, 2008; Mr. DURBIN. I am honored today to Track Team. Dawn took the gold Whereas the United States Paralympic recognize the achievements of the medal in the 100 meter hurdles, and I Team earned 99 medals, including 36 gold American athletes who competed in couldn’t be more proud. medals, reminding the world that physical the 2008 Summer Olympic and The Olympics and Paralympics are challenges are no limit to human achieve- Paralympic Games in Beijing, China. inspiring. They allow us to watch ath- ment; The Beijing Games were remarkable. letic performance at its very best. Whereas United States Army First Lieu- More than 11,000 athletes representing They also remind us of the enduring tenant Melissa Stockwell, who lost her left over 200 countries competed in this human spirit that drives these athletes leg to a roadside bomb in Baghdad in 2004, to sacrifice, train and prepare for these became the first veteran of the war in Iraq to year’s Olympic Games. The United compete in the Paralympic Games when she States won 110 medals total at the Bei- moments of camaraderie and competi- swam in the women’s 100-meter butterfly, jing Olympics, more than any other tion with peers from countries around 100-meter freestyle, and 400-meter freestyle; country represented. the world. The State of Illinois would Whereas the people of the United States The Paralympic Games, the competi- be proud to host these games in 2016. stand united in respect and admiration for tion for elite athletes with physical We are preparing in the hope that, 8 the members of the United States Olympic disabilities, immediately followed the years from now, the Summer Olympic and Paralympic Teams, and the Teams’ ath- Olympic in Beijing. More than 4,200 and Paralympic Games will take place letic accomplishments, sportsmanship, and athletes from 148 countries competed, in the heartland of the United States— dedication to excellence; Whereas the many accomplishments of the the largest number of nations ever rep- in beautiful Chicago, IL. United States Olympic and Paralympic resented at a Paralympic Games. Mr. NELSON of Nebraska. I ask Teams would not have been possible without American Paralympic athletes won 99 unanimous consent that the resolution the hard work and dedication of many oth- medals overall, 36 of them gold. The and preamble be agreed to en bloc, the ers, including the United States Olympic International Paralympic Committee motions to reconsider be laid upon the Committee and the many administrators, has declared these the best Paralympic table en bloc, that any statements be coaches, and family members who provided Games in history. printed in the RECORD, without inter- critical support for the athletes: Americans from coast to coast were vening action or debate. Whereas the Olympic movement celebrates The PRESIDING OFFICER. Without competition, fair play, and the pursuit of electrified by swimmer Michael Phelps, dreams; who broke the record for most gold objection, it is so ordered. Whereas the United States and, in par- medals in one Olympics and for most The resolution (S. Res. 704) was ticular, the city of Chicago, Illinois, cele- gold medals for an Olympian. I had the agreed to. brate those same ideals; and opportunity to admire the two gold and The preamble was agreed to. Whereas Chicago has never hosted the two bronze medals of American swim- The resolution, with its preamble, Olympic and Paralympic Games: Now, there- mer Ryan Lochte this week. Ryan dedi- reads as follows: fore, be it cated his performance and a portion of S. RES. 704 Resolved, That the Senate— (1) extends congratulations for a job well his winnings to eradicating Duchenne Whereas the 2008 Summer Olympic Games were conducted in Beijing, China, from Au- done to all members of the United States muscular dystrophy, and he was on Olympic and Paralympic Teams and to ev- Capitol Hill this week to raise aware- gust 8 to August 24, 2008; Whereas 10,500 athletes from 204 countries eryone who supported the Teams’ efforts at ness of this cruel and fatal disorder. participated in 302 events in 28 sports and in- the 2008 Summer Olympic and Paralympic Joining U.S. medalists in swimming spired people around the world with their Games; and was a Lake Forest, IL son—Matt dedication, discipline, athletic achievement, (2) encourages the International Olympic Grevers who won a silver medal in the and spirit of fair play, representing the best Committee to choose Chicago, Illinois, as men’s 100m backstroke. traditions of Olympic competition; the site of the 2016 Summer Olympic and In addition to Matt, I would like to Whereas 596 men and women represented Paralympic Games and offers support and co- the United States in the 2008 Summer Olym- operation in ensuring successful Olympic and commend the outstanding athletes Paralympic Games in Chicago in 2016. from my home State of Illinois who pic Games as members of the United States f represented the United States in the Olympic Team; Whereas those United States Olympians NATIONAL METHAMPHETAMINE Olympic and Paralympic Games. NBA competed in 27 sports and continued the star Dwyane Wade, a native of Chicago, great legacy of athleticism and sportsman- AWARENESS MONTH helped lead the U.S. Men’s Basketball ship that has characterized the history of Mr. NELSON of Nebraska. I ask Team, often called ‘‘The Redeem United States Olympic competition; unanimous consent to proceed to the Team,’’ to their first gold medal since Whereas, in the 2008 Summer Olympic consideration of S. Res. 703, submitted 2000. Sean Rooney of Wheaton, IL, also Games, the United States sustained and in- earlier. took home a gold medal as part of the creased its clear dominance as the most suc- The PRESIDING OFFICER. The U.S. Men’s Volleyball team, and cessful country in the history of the Olympic clerk will report the resolution by Games; Ogonna Nnamani of Bloomington, IL, title. Whereas athletes from the United States The legislative clerk read as follows: won a silver medal along with the U.S. won more medals in the 2008 Summer Olym- Women’s Volleyball team. pic Games than athletes from any other A resolution (S. Res. 703) Designating No- Illinois athletes were on the medal country; vember 2008 as ‘‘National Methamphetamine stand during the Paralympic Games, Whereas swimmer Michael Phelps of Mary- Awareness Month,’’ to increase awareness of methamphetamine abuse. too. Jaclyn Barnes of Wadsworth, IL, land earned recognition as one of the great- won a gold in Women’s Goalball. Emily est athletes of all time by winning an ex- There being no objection, the Senate Hoskins of Mascoutah and Jennifer traordinary 8 gold medals in the 2008 Sum- proceeded to consider the resolution. mer Olympic Games to surpass the previous Mr. NELSON of Nebraska. I ask Ruddell of Champaign also brought single-year record of 7 Olympic gold medals unanimous consent the resolution be home gold as part of the Women’s by Mark Spitz, also a swimmer from the agreed to, the preamble be agreed to, Wheelchair Basketball team. Nichole United States; the motions to reconsider be laid upon Millage of Champaign and Hope Whereas Michael Phelps now also holds the the table, with no intervening action Lewellen of Palos Park helped earn the record for the most Olympic gold medals or debate, and that any statements be silver for the Women’s Sitting ever won by a single athlete, with a remark- able 14 gold medals; printed in the RECORD. Volleyball Team. At least thirty ath- The PRESIDING OFFICER. Without letes and coaches who competed at the Whereas, in the 2008 Summer Olympic Games, the United States demonstrated its objection, it is so ordered. Paralympics have direct ties to Illi- continued preeminence in team sports, with The resolution (S. Res. 703) was nois. the men’s and women’s basketball teams, the agreed to. Last but far from least, I would like men’s volleyball team, the women’s soccer The preamble was agreed to. to congratulate Dawn Harper, a native team, and the men’s and women’s 4x400- The resolution, with its preamble, of my hometown of East St. Louis, IL, meter relay teams winning gold medals; reads as follows:

VerDate Aug 31 2005 03:25 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.088 S02OCPT1 rfrederick on PROD1PC67 with SENATE October 2, 2008 CONGRESSIONAL RECORD — SENATE S10427 S. RES. 703 APPOINTMENTS AUTHORITY have lost their jobs, who are looking Whereas methamphetamine, an easily Mr. NELSON of Nebraska. I ask for work during a time when our com- manufactured drug of the amphetamine unanimous consent that notwith- panies are reducing the number of jobs group, is a powerful and addictive central and during a time when the price of nervous system stimulant with long-lasting standing the recess or adjournment of the Senate, the President of the Sen- food and energy is going up, that these effects; people are not also struggling to put Whereas the National Association of Coun- ate, the President of the Senate pro ties reported in 2007 that methamphetamine tempore, and the majority and minor- food on the table, to pay their utility is the number 1 illegal drug problem for 47 ity leaders be authorized to make ap- bills, and to cover their mortgage pay- percent of the counties in the United States, pointments to commissions, commit- ments. a higher percentage than that of any other tees, boards, conferences, or inter- We have a bill in the Senate, which I drug; parliamentary conferences authorized cosponsored, which will provide this Whereas 4 out of 5 county sheriffs report much needed unemployment insurance that, while local methamphetamine produc- by law, by concurrent action of the two Houses, or by order of the Senate. extension. The extension would ensure tion is down, methamphetamine abuse is not that out-of-work Americans have an (the National Association of Counties found The PRESIDING OFFICER. Without additional 7 weeks as they continue to that 1⁄2 of the Nation’s sheriffs report abuse objection, it is so ordered. of the drug has stayed the same and nearly look for jobs. In high-unemployment f 1⁄3 say that it has increased); States such as Michigan, the States Whereas the highest rates of methamphet- AUTHORITY TO SIGN ENROLLED will receive an additional 13 weeks. In amine use among all ethnic groups occur BILLS August, Michigan’s unemployment rate within Native American communities; rose from 8.5 percent to 8.9 percent. Mr. NELSON of Nebraska. I ask Whereas the consequence of methamphet- The Nation’s unemployment rate in- unanimous consent that during recess amine use by many young adults in the Na- creased by almost half a percentage tive American community has been death, or adjournment of the Senate from Fri- point to 6.1 percent. That is the highest including methamphetamine-related sui- day, October 3, 2008 through Sunday, since 2003. cides; October 5, 2008, the Senator from Vir- These are very hard economic times. Whereas sheriffs report increases in crime ginia, Mr. WEBB, be authorized to sign Unemployment rates are rising. Since directly related to the presence of meth- all duly enrolled bills and joint resolu- amphetamine in their communities; January of 2001, we have lost over 3.6 tions. Whereas most illegal methamphetamine million manufacturing jobs nationally The PRESIDING OFFICER. Without available in the United States is produced in and over a quarter million manufac- objection, it is so ordered. large clandestine laboratories in Mexico and turing jobs in Michigan. The numbers smuggled into this country; Mr. NELSON of Nebraska. I suggest of unemployed are rising all over the Whereas methamphetamine labs are costly the absence of a quorum. country. We must act to protect Amer- to clean up in that every pound of meth- The PRESIDING OFFICER. The ican workers and their families. amphetamine produced can yield up to 5 clerk will call the roll. The Congress needs to act before we pounds of toxic waste, representing a public The legislative clerk proceeded to danger to adults and children; adjourn. That means during that win- call the roll. Whereas the profile of methamphetamine dow, that 2- or 3-day window in mid- 3 Mr. LEVIN. I ask unanimous consent users is changing, as ⁄5 of the Nation’s sher- November. We must seize that oppor- that the order for the quorum call be iffs report increased methamphetamine use tunity to do what we have done in prior by women and 1⁄2 of the Nation’s sheriffs re- rescinded. downturns; that is, to give greater pro- port increased use by teens; The PRESIDING OFFICER. Without tection to workers who are unemployed Whereas, in surveys on the abuse of meth- objection, it is so ordered. amphetamine among teens, many of the re- and desperately looking for work. spondents said that the drug was easy to get f I ask unanimous consent that a chart and believed there is little risk in trying it; UNEMPLOYMENT INSURANCE comparing the unemployment benefits Whereas other National Association of in this downturn to previous downturns Counties surveys have shown that meth- Mr. LEVIN. Mr. President, I under- be printed in the RECORD. amphetamine also places significant burdens stand that there is not a real possi- There being no objection, the mate- on local social service and health care re- bility that the House of Representa- rial was ordered to be printed in the sources, increasing out-of-home placements tives is going to take up an unemploy- RECORD, as follows: for children, sending more people to public ment insurance extension bill tomor- hospital emergency rooms than any other row. I hope it does. I hope it passes. I drug, and producing an ever-growing need for CONGRESS HAS EXTENDED BENEFITS FOR HARD-HIT methamphetamine treatment programs; and would also fervently hope that this STATES IN EVERY OTHER RECESSION OF THE LAST 25 Whereas the establishment of a National body will take up this bill immediately YEARS Methamphetamine Awareness month would upon our return in mid-November when increase awareness of methamphetamine and I understand we will be in session for 2 Temporary unemploy- Additional benefits Date ment benefits granted granted to high unem- educate the public on effective ways to help or 3 days. Passing an unemployment to all States ployment States prevent methamphetamine use at the Fed- insurance extension is essential. The eral, State, and local levels: Now, therefore, 1982 ...... 8 weeks ...... Up to 14 weeks. unemployment insurance extension 1991 ...... 26 weeks ...... 7 weeks. be it which was signed into law on June 30 2002 ...... 13 weeks ...... 13 weeks. Resolved, That the Senate— 2008 ...... 13 weeks ...... None. as part of our supplemental war appro- (1) designates November 2008 as ‘‘National Source: Congressional Research Service. Methamphetamine Awareness Month’’ to in- priations bill included a 13-week exten- crease awareness of methamphetamine sion of unemployment benefits for all Mr. LEVIN. I suggest the absence of abuse; and States. This is less of an extension a quorum. (2) encourages the people of the United than we provided during economic The PRESIDING OFFICER. The States and interested groups to observe Na- downturns in the last 25 years because clerk will call the roll. tional Methamphetamine Awareness Month it does not include additional benefits The assistant legislative clerk pro- with appropriate educational programs and for high-unemployment States. ceeded to call the roll. outreach activities. Currently, workers who started re- Mr. LEVIN. I ask unanimous consent ceiving the 13-week extension in mid- that the order for the quorum call be f July, under the current program, will rescinded. have their benefits cut off in October, The PRESIDING OFFICER. Without APPOINTMENTS and 775,000 workers across the Nation objection, it is so ordered. The PRESIDING OFFICER. The are going to be cut off, including 42,000 f Chair, on behalf of the majority leader, in Michigan alone. By the end of this TRIBUTE TO SENATORS pursuant to Public Law 96–114, as year, the number of individuals who amended, appoints the following indi- will have exhausted their unemploy- JOHN WARNER vidual to the Congressional Award ment benefits will rise to 1.1 million Mr. LEVIN. Mr. President, I come to Board: Kathryn Weeden of Washington, nationally and 58,000 in Michigan. We the floor today to pay tribute and to D.C. must ensure that those individuals who wish my warmest regards to my dear

VerDate Aug 31 2005 04:35 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.027 S02OCPT1 rfrederick on PROD1PC67 with SENATE S10428 CONGRESSIONAL RECORD — SENATE October 2, 2008 and truly close friend, JOHN WARNER. WARNER. Time and time again, JOHN and he has eloquently represented As I have told JOHN before, I feel very has answered the call of duty on behalf those values. He has defended his ex- deeply that working so closely with of our Nation’s defense, on behalf of traordinary independent streak with him for the past almost 30 years now the welfare of the men and women and great courage. was truly one of the highlights of my families of our Armed Forces whom he I extend my thanks to CHUCK and Senate career. He is a gracious, civil, loves and respects so deeply and whose wish him and Lilibet all the best in and wise man. He has been a great cause he so ably and passionately their future endeavors. friend to me and to my wife Barbara. champions. PETE DOMENICI He has been a great servant to this in- One of the very first Senators from Mr. President, after six distinguished stitution and to the Nation. Virginia, James Monroe, said: terms in the U.S. Senate, PETE DOMEN- From the time that he enlisted in the National honor is the national property of ICI is retiring. I am certain that this Navy and rose to the rank of petty offi- highest value. change of pace is a challenge in itself cer third class during World War II, his Speaking to JOHN’s honor, one of for a man who has over the years im- service as first lieutenant in the Ma- JOHN’s staff members used to comment pressed all of us with his energy and rines in Korea, to his continued service that JOHN WARNER is a Senator who drive and decency. in the Marine Corps Reserve where he happened to be from Virginia. What he I have had the privilege of serving rose to be a captain, to his leadership meant is that JOHN always looks for with PETE DOMENICI on the Homeland as Under Secretary and then Secretary the course of action that is in the Na- Security and Government Affairs Com- of the Navy, JOHN WARNER has reliably tion’s interest and in the interest of mittee, and working with him on that strengthened our national defense for a our national security, as well as in the committee’s Permanent Subcommittee remarkable six decades. interest of his beloved Virginia. on Investigations. I have seen and long For the last three decades as a Sen- JOHN WARNER has embodied the respected Senator DOMENICI’s expertise ator, he has continued the unwavering qualities that are our Nation’s national on energy policy; his depth of knowl- dedication that he has shown through- greatest honor—integrity, independ- edge in that area has made him a out his military career to the men and ence, fairness, civility, and strength. steady voice through many challenges Throughout his lifetime of service, he and will be very much missed by his women in uniform. He is a profile in has been an unyielding advocate for colleagues. The Senate is also losing courage and statesmanship. causes and policies that embody those his great depth of experience on the JOHN WARNER and I were elected to the Senate on the same day, November qualities. In all of his work, he has budget process. PETE DOMENICI has also earned bipar- 6, 1978. We have been on the Senate upheld the tradition of the distin- tisan admiration for his extensive work Armed Services Committee our entire guished and valuable leaders and patri- ots from Virginia who have shaped our on mental health issues, including his careers, and we have worked together country over the last three centuries. leadership to pass the bipartisan Men- on 30 consecutive Defense authoriza- That is what our country needs in the tal Health Parity Act. I know that tion bills, authorizing funds for the Senate, and that is what our country mental health issues are very personal armed services of the United States. expects from the Armed Services Com- to Senator DOMENICI and his family; his We have served with some of the true mittee. On so many occasions, when first-hand insights have contributed giants of the Senate together, leaders important issues arose on a variety of significantly to congressional efforts such as John Stennis, Barry Goldwater, matters which required bipartisan so- to improve mental health care in and Sam Nunn. They all understood lutions, the search for a partner began America. the critical importance of bipartisan- and ended with JOHN WARNER. I wish PETE DOMENICI and his wife ship on national security and defense I cherish the time that we have Nancy all the best as they enjoy life issues. worked together. I cherish the deep after the Senate. Over the past few years, as JOHN and friendship that has evolved. Barb and I WAYNE ALLARD I have passed the chairman’s gavel will forever appreciate JOHN and Mr. President, today I rise to recog- back and forth, we have worked to- Jeanne’s friendship. We expect to enjoy nize Senator WAYNE ALLARD, who will gether to maintain the spirit and prac- it for a long time. retire from the U.S. Senate at the end tice of bipartisanship in our leadership CHUCK HAGEL of this Congress after more than 25 of the Armed Services Committee. Mr. President, I would like to take a years of serving and representing Colo- That spirit has lasted until the final moment to recognize and express my rado in the state senate, the U.S. House days of this Congress and will last appreciation for my friend and col- of Representatives and the U.S. Senate. until this Congress is done, just as we league Senator CHUCK HAGEL. I have WAYNE ALLARD’s work throughout have concluded work on the Defense served in the Senate with CHUCK HAGEL his career reflects his intense commit- Authorization Act for Fiscal Year 2009, for the past 12 years. During that time, ment to the people of Colorado. While with the lion’s share of the credit be- he has established himself as one who we frequently disagree on issues, he longing to JOHN WARNER’s energy, his is able to rise above partisanship, and has earned the respect of his colleagues passion, and his commitment to sup- he is respected on both sides of the for his integrity, hard work and the porting our Armed Forces. aisle for his honest appraisals. strength and steadfastness of his sup- The bill this year could not have For the past 2 years, I have had the port for the principles he believes in. passed without JOHN WARNER’s support opportunity to work with CHUCK on our I have worked with WAYNE ALLARD as and some very courageous actions on bipartisan efforts to change our course he helped lead our effort to move the his part. If trust is the currency of Sen- in Iraq. We have served together on the National Trails System Willing Seller ate dealings, JOHN WARNER is a rich Intelligence Committee. When we have Act through Congress. Without this man. In our many travels together—to agreed on policy, he has been a bill, a landowner who wants to sell to Iraq, Afghanistan, Bosnia, Somalia, thoughtful and effective partner; and the Federal Government was denied and elsewhere around the world—we when we have not, those same qualities the right to do so. The legislation pro- have had plenty of time to discuss served the Senate well nonetheless. vides the Federal Government with the issues. We focus on areas of agreement, CHUCK HAGEL has brought to the U.S. authority to acquire land and ease- and we have trusted each other com- Senate a deeply held commitment to ments from willing sellers to complete pletely, even when we stand on oppo- our nation’s troops and veterans and an nine national scenic and historic trails site sides of an issue. equally deep understanding of their authorized across the Nation. One of The Senate is an institution whose needs. With that perspective, he has those is the North Country Trail, individual seats are occupied only served as an honest broker between which runs through Michigan. I par- briefly, compared to our long history. parties and positions, and he has been ticularly appreciate WAYNE ALLARD’s But this institution is placed in the an effective advocate for our brave men hard work on this important measure. stewardship of each Senator, and I can and women in uniform as well as for On the Senate Armed Services Com- name no Senator who feels and recog- the people of Nebraska. mittee he brought his important back- nizes and honors that responsibility He understands the power of this na- ground and experience as a veteran to and that stewardship more than JOHN tion’s values, not just of our military, our work on the anthrax threat.

VerDate Aug 31 2005 03:25 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.098 S02OCPT1 rfrederick on PROD1PC67 with SENATE October 2, 2008 CONGRESSIONAL RECORD — SENATE S10429 I offer my thanks and best wishes to Impaired loans are now being held on make every day purchases. Loans for WAYNE ALLARD and his wife Joan as the balance sheets of banks and other college could dry up. they turn to the next chapter of their financial institutions as mortgage The stock market lost over a trillion productive lives. backed securities, MBS. Uncertainty dollars on Tuesday, reducing American LARRY CRAIG surrounding the value of the under- wealth and individuals’ retirement ac- I rise today to pay tribute to my col- lying mortgages has made it virtually counts. For the tens of thousands of league from Idaho, Senator LARRY impossible to find an efficiently func- dollars in reduced account balances, CRAIG. As the chairman of the Armed tioning market for these securities or those in retirement or approaching re- Services Committee, I can particularly rationally value them. tirement will be forced to contemplate appreciate the vital role played by the The uncertainty surrounding the accepting a lower standard of living in Veterans’ Affairs Committee. LARRY value of these assets has caused banks retirement or consider working longer. served as the chairman of that impor- and other financial institutions to One must remember that even tant committee from 2005 to 2007, and gradually withdraw from the market though the plan contemplates the pur- the ranking member since then. During and refrain from making new loans to chase of up to $700 billion in assets that his tenure, Veterans’ Affairs has been firms or individuals in order to pre- the program is not likely to cost the challenged by two ongoing wars and, serve their capital. Unfortunately, the taxpayer that much or even a signifi- more recently, by public revelations of underlying value of many of these se- cant portion of that amount. serious deficiencies in our system for curities is high but firms lack con- According to CBO, ‘‘enacting the bill caring for our wounded warriors. fidence to reengage in the market. would likely entail some budgetary Helping our Nation’s wounded war- The Treasury’s plan intends to make cost which would, however, be substan- riors is a cause to which LARRY CRAIG a market for these securities, allow tially smaller than $700 billion.’’ is profoundly committed. He has them to be priced so that trading can Why? Treasury will be borrowing fought for our deserving and brave vet- continue and reinitialize financial money to buy assets, many of which do erans, introducing bills to improve edu- intermediation. have value and are generating income. cational opportunities and to expand Treasury’s ‘‘troubled asset relief pro- Most of the whole mortgages which un- benefits for traumatic injuries. He gram’’ will purchase illiquid mortgage derpin the MBS and CDOs Treasury helped make possible a rare joint hear- assets directly using a reverse auction will purchase have value because most ing between the Veterans’ Affairs Com- to purchase the impaired assets in Americans are current on their mort- mittee and the Armed Services Com- order to create a market and establish gage payments. In fact, 92 percent of mittee to look into the situation at a price for the assets. In a reverse auc- mortgages are performing. Walter Reed and help formulate the tion the role of buyer and seller are re- Any potential cost associated with wounded warrior legislation which versed. In a standard auction, buyers the program is likely to be offset be- passed through the Senate with over- compete by make bids for a security cause Treasury can take advantage of whelming bipartisan support as part of and the best offer is taken, thereby es- our government’s low financing costs the Defense Authorization Act for fis- tablishing a price. This price discovery and purchase MBS by borrowing at cal year 2008. process is important because it reveals around 3.5 percent. The difference be- While LARRY CRAIG and I often been tween the rate Treasury borrows funds on opposite sides of policy debates, I information about what the buyers and admire his commitment to his views sellers think a security is worth. A re- at and the return on MBS will be profit and to the people of Idaho. In addition verse auction would also be better than which can be used to help finance the to the Veterans’ Affairs Committee, Treasury trying to assign a price with- overall program. Furthermore, like any good investor, Senator CRAIG serves as the ranking out the input of the seller. It would member on the Subcommittees on In- also hopefully prevent Treasury from the government will be buying securi- terior and Related Agencies, and paying too high a price. ties at a relatively low price, likely Superfund and Environmental Health, The Secretary of Treasury, Chairman below the securities’ fair market value legislative areas of great concern to Bernanke, large national financial in- and holding the assets until their price the citizens of Boise, the ranchers of stitutions, small Arizona community rises. Midvale and the skiers of Sun Valley. banks and credit unions have all The bill also includes a provision in- And today, I join my colleagues in warned me of the serious implications tended to protect against potential losses by requiring that firms selling thanking LARRY CRAIG for his service of not passing this legislation and the to his State and his country, and I wish impact it will have on the lives of ev- troubled assets to the government pro- him and Suzanne the very best in the eryday Americans. vide warrants or senior debt instru- future. Sound financial institutions, manu- ments. The warrants would give the facturers and small businesses are all Treasury the right to buy stock in the f struggling to find investors willing to future at a fixed price. EMERGENCY ECONOMIC STABILITY provide them with cash to fund their In fact, warrants were issued to the ACT operations. Instead, investors are irra- federal government as part of previous Mr. KYL. Mr. President, I know that tionally selling their stocks and bonds deals to provide lending to both Chrys- many of my fellow Members are con- regardless of whether or not the com- ler and America West Airlines, AWA. cerned about the scale of this package. panies are making money and are in- According to CBO, ‘‘AWA partially And while I agree that more private stead hording cash, investing their compensated the government for the sector involvement would be preferable money in government bonds and even loan guarantee by giving it warrants to to placing hundreds of billions of tax- gold. buy as many as 18.8 million shares of payer dollars at risk, I think that the If Congress fails to act, the con- the company’s Class B common stock enormity of the current financial crisis sequences for Main Street will be se- at an exercise price of $3 per share—the requires the government to act. I be- vere. If banks are even willing to lend, strike price—for a term of 10 years. lieve that the legislation before us will mortgage loan interest rates will con- Those warrants increase in value with establish the appropriate conditions for tinue to rise making the purchase of a the market price of AWA stock and financial markets to begin repricing home less affordable. Major manufac- thus provide the government with addi- mortgage related investments like turers won’t be able to obtain afford- tional compensation if its guarantee mortgage backed securities, MBS, able credit to purchase the raw mate- allows the company to return to profit- collateralized debt obligations, CDOs, rials and working capital that they ability. Similarly, Chrysler issued war- and whole loans in order to provide li- need to stay in business. America’s rants to the government to purchase quidity to solvent financial institu- farmers won’t be able to finance the up to 14.4 million shares of Chrysler’s tions. Then, these institutions can large upfront costs associated with common stock, also with a term of 10 begin trading again so that we can purchasing fertilizer and seed to plant years.’’ avoid a complete collapse of our na- their crops. Small businesses will not The Federal Government lost $85 mil- tion’s credit markets and return to be able to get funding to extend credit lion and $256 million on America West normal. to their own customers who wish to and Chrysler’s actual loan guarantees,

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Fami- temporary change will provide a vital tecting taxpayers requires that in 5 lies would be unable to borrow for new tax reduction against ordinary income years, the President submit a proposal homes or to send their children to col- and preserve a portion of the capital to Congress to recoup any projected lege. Retirement funds could plummet. lost due to the Government’s actions taxpayer losses from those in the fi- Those are the stakes. with regards to the Government-spon- nancial services industry that benefit The Emergency Economic Stabiliza- sored enterprises. from the program. tion Act will provide up to $700 billion The bill is designed to give all So as a result of these protections to the Secretary of the Treasury to buy banks—especially community banks— every dime we get back from asset mortgages and other assets from finan- regardless of size or organizational sales, warrants or future recoupment cial institutions. Instead of giving all structure, ordinary tax relief for these will go to debt reduction. the funds at once, as requested by Sec- holdings. I encourage the Secretary of Mr. KERRY. Mr. President, to pro- retary Paulson, the legislation gives the Treasury to work with Congress tect and defend the economic health of the Treasury only $250 billon imme- and the banking industry to ensure our Nation and the security of the sys- diately. The bill requires the President that all institutions have access to this tems on which our prosperity depends, to certify that the additional $450 bil- relief. I am pleased that the Senate passed lion are required subject to congres- the Emergency Economic Stabilization sional disapproval. It requires the We have no guarantee that this pro- Act last night. I call upon my col- Treasury to modify mortgage loans gram will fix this acute crisis. What we leagues in the House of Representa- whenever possible to help keep families do know is that if Government does not tives to pass this legislation as soon as in their homes. It requires companies step in to provide funding, we could possible because I believe it will help that sell bad assets to the Government hasten an economic meltdown. restore confidence in our capital mar- to give taxpayers the opportunity to After this plan is enacted into law, kets and our financial institutions. It share in their future growth. This will we must take bold action to revamp will help our Nation avert serious eco- help offset the costs of this program. our regulatory practices, fix the de- nomic dislocation that could have been Finally, it includes meaningful limits rivatives market, offer an additional the cost of inaction on both executive compensation and economic stimulus for businesses, pro- I want to take this opportunity to ‘‘golden parachutes’’. This will help in- vide liquidity for small businesses and thank Majority Leader REID, Senate sure that not one dime of taxpayer provide real assistance to families Banking Committee Chairman DODD funds will be used to pay the salary of bearing the weight of the crisis. This and Senate Finance Committee Chair- CEOs who have abused the public trust will be a long process. man BAUCUS for their efforts to include and played a role in developing the eco- I believe the moment has come to critical modifications to the proposed nomic crisis we face. rethink the trend over the past genera- plan by Treasury Secretary Paulson American families must have con- tion toward deregulation of our finan- and Federal Reserve Chairman fidence that the deposits they have in cial institutions and capital markets. Bernanke. This legislation we are con- our banks are safe. Thanks to measures You can see it in the excessive use of sidering today includes provisions that put in place during the Great Depres- derivatives to manage risk. You can will protect the taxpayer, limit execu- sion, deposits of up to $100,000 are guar- see it in the reckless use of leverage by tive compensation, provide critically anteed by the Federal Government. I some financial institutions to finance needed assistance to homeowners, and am pleased this legislation temporarily ever riskier and more lucrative finan- provide strong congressional and judi- raises the FDIC limit to $250,000. I cial products. You can see it in our cial review procedures. Without their think it will help small businesses, housing markets, where the concept of efforts, I do not believe we would have make our banking system more secure, risk became our greatest undervalued been able to pass this critically needed and help restore public confidence in asset. You can see it in the failure to legislation. our financial system. require Fannie Mae and Freddie Mac to Our Nation is facing its greatest eco- The Emergency Economic Stabiliza- set aside the appropriate capital re- nomic crisis since the Great Depres- tion Act of 2008 also contains an impor- serves. You can see it in the out- sion. A series of financial institution tant provision that will help hundreds rageous salaries that so many CEOs of failures and frozen credit markets have of community banks throughout the troubled companies have earned in re- imperiled our economy. We need to country. Prior to the Federal Housing cent years which can be tied directly to take immediate action to restore con- Finance Agency placing Fannie Mae the strategies they adopted that fidence and help stop this threat and and Freddie Mac into conservatorship, showed no respect for the risks they stabilize our financial system. many banks had invested in Fannie were taking with other people’s money Every American family is concerned Mae and Freddie Mac preferred stock. or to our Nation’s economic future. about the economic situation we face. Unfortunately, the value of these They are already facing rising gas shares was essentially eliminated due This was a perfect storm: irrespon- prices, food prices, health care costs to the Government’s action. These in- sible lending, irresponsible borrowing and college tuition. Many are won- vestments—standard means for the and a lack of basic oversight and effec- dering: How will bailing out Wall banking industry and the Government- tive regulation put millions of families Street firms help me? The answer is we Sponsored enterprises to provide and in homes they could not afford. Too have to bail out Wall Street to protect raise capital—have always been viewed many Americans took unreasonable Main Street. as a conservative investment by finan- risks to buy a home when markets This will not be done without great cial institutions. were booming. Too many financial in- expense to the taxpayers. However, I These investments provided capital stitutions lowered their lending stand- strongly believe that taking quick and to Fannie and Freddie, and thus indi- ards but didn’t plan appropriately for decisive action is not only our best op- rectly benefited the economy by help- increased risk. At the same time, some tion it may be our only option. As we ing Fannie and Freddie provide liquid- borrowers inflated their incomes and consider this extraordinary commit- ity to the secondary mortgage market. misrepresented themselves in order to ment on the part of the American tax- Unfortunately, losses on these shares buy expensive homes that they could payer, we have to ask ourselves: What will have significant tax consequences not afford. is the price of inaction? for these banks, which will translate In 1994, I supported the Home Owner- The ripple effect of the collapse of into fewer loans being made across the ship and Equity Protection Act which Wall Street’s major financial institu- Nation. gave the Federal Reserve the authority

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Going forward, in order to stop the about predatory lending and have sup- Congress must consider and pass leg- increasing numbers of foreclosures, we ported legislation to stop the excesses islation to reform and manage deriva- need the GSEs to continue their mis- that these lenders have too often hood- tives. We must learn from the current sion, within appropriate capital con- winked homeowners into accepting. It crisis and develop safeguards that en- straints, to help stabilize the mortgage stopped companies from imposing high- sure that the failure of a financial in- markets. cost mortgages, included critical con- stitution which holds derivatives does Executive compensation is another sumer disclosures, required creditors to not cause a freeze in our credit mar- area that we need to address. We have assess the consumer’s ability to pay, kets. all read about the outrageous salaries prohibited prepayment fees and pen- The housing crisis also triggered a that many of the CEOs of troubled alties. This could have stopped many of reassessment of other financial risks, companies have earned over the past the excesses we are paying for today including leveraged loans taken out by few years. Some have increased their from occurring in the first place. Un- financial institutions to increase prof- pay by increasing the risks their com- fortunately, this legislation did not re- its. This approach allows institutions panies take. I am pleased that Chair- ceive any support from the other side. to take much larger market positions man BAUCUS of the Senate Finance The damage has been staggering. which increases their profits but also Committee is pushing for changes in Five million homeowners are either in increases their risk. In 2004, the Securi- the Treasury proposal to prevent exces- default or in foreclosure and 10,000 ties and Exchange Commission relaxed sive compensation and golden para- more join them in foreclosure every capital rules for investment banks chutes for executives who sell troubled day. Some economists warn that the which allowed these firms to increase assets under the Treasury program. spike in foreclosures could lower home their risks during good economic CEOs, who abused the public trust and values by 30 percent—when even a 10 times. Unfortunately, some financial played a role in developing the current percent decline takes $2 trillion in institutions were reckless in their use economic crisis and are now asking to wealth from American homeowners. of leverage. be bailed out, will not be able to re- The loans financing these homes are Published reports say Merrill Lynch ceive severance packages or excessive now frozen on the balance sheets of borrowed an astounding 44 times the salaries. Taxpayers will not subsidize banks and other financial institutions, size of its capital to increase profits. If their excessive salaries. preventing them from providing new you borrow 44 times your capital and When you add it all up, the financial loans. Today we are living the con- your investments increase only 1 per- crisis is a result of failures over the sequences: an economy teetering on cent you have actually made a 44 per- past generation to provide appropriate the edge. cent profit. Unfortunately, the reverse regulation and supervision of the finan- It is obvious to every American that is also true. Think about it: If you have cial services industry. Over the past 8 we need greater regulation of our mort- $1 and you use it to borrow and invest years, however, what was effectively a gage markets and our lending prac- $44, common sense tells you that if trend toward deregulation turned into tices. We must eliminate the unfair things go wrong, you will be in a world a stampede. The Bush administration and deceptive practices that helped of trouble. Well, that is exactly what and others in Congress have consist- cause our current economic difficulties happened. These risky investments ently railed against oversight and ac- immediately. caught up to Merrill Lynch. They were countability during the last 8 years; Another crucial ingredient in today’s bought out by Bank of America after now taxpayers are forced to clean up crisis is the use of complex financial facing bankruptcy earlier this month. this administration’s mess. derivatives. These complex financial We need to dramatically increase our So I urge my colleagues in the House maneuvers—hidden from the view of oversight of all financial institutions of Representatives to come together to most Americans—have quietly become and increase capital standards to in- support the Emergency Economic Sta- a crucial part of managing risk in our sure companies like Merrill Lynch and bilization Act that will help protect economy. In May, the Bank for Inter- Lehman Brothers can never again im- our vital national interest in the con- national Settlements estimated that pact the U.S. financial system due to tinued health of our economy. Next, we the total value of derivative contracts their risky business plans. need to come together as a nation to was approximately $600 trillion. To put The government sponsored entities, help those who have been hurt by the this speculation in context: that is 200 GSEs, particularly Fannie Mae and economic crisis and to finally respond times larger than the Federal budget. Freddie Mac and the FHA have played to the structural problems that have Derivatives are essentially bets on a critical role in expanding home- brought us to this point. future economic behavior: financial ownership. However, like too many fi- Mr. REED. Mr. President, middle- contracts which can gain or lose value nancial institutions, these organiza- class families are being squeezed finan- as the price of some underlying com- tions included subprime mortgage debt cially. They feel that the economy and modity, financial indicator or other in their portfolios but didn’t plan ap- the Government are just not working variable changes. Unfortunately their propriately for the increased risk they for them. rise to prominence in our economy was had incurred. The Congress and the The vast majority of Americans are not matched with an increase in regu- Bush administration also failed to re- unhappy with the direction President lation or transparency. Warren Buffett quire Fannie Mae and Freddie Mac to Bush has led us over the last 8 years. has previously called derivatives ‘‘. . . increase their capital requirements to For most of the last decade there has financial weapons of mass destruction, adjust to the increased risks. As a re- been far too little oversight of the fi- carrying dangers that, while now la- sult, the Bush administration was nancial marketplace and too little help tent, are potentially lethal.’’ forced to put both Fannie Mae and for the middle class. The continuing uncertainty over de- Freddie Mac into conservatorship ear- I share that frustration. I have voted rivatives has helped to bring about the lier this month at a cost of approxi- time and again for common sense tax recent freeze in our credit markets. mately $200 billion to the taxpayers. cuts for the middle class, developing For example, Bear Stearns was deeply Back in 2004, I said that I expressed alternative sources of energy, like involved in the financial derivatives concern about governance and account- solar and wind power, greater invest- markets. The Federal Reserve eventu- ing problems at Freddie Mac and that I ment in our roads and bridges, improv- ally provided up to $30 billion and con- would support legislation that provides ing our schools, and expanding health vinced JP Morgan to purchase Bear for strong, effective supervision and coverage for children, new regulations Stearns because they feared its sudden regulation of government-sponsored to protect consumers, a responsible end

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They economic situation requires us to act to line the pockets of those looking to said we should not have hearings and swiftly and responsibly. make a buck on the backs of the tax- that less oversight and regulation The choice now is to act on this bill payer. would cure any problems. Now, two of or watch as this economic crisis makes We also said ‘‘no’’ when it came to the companies that testified don’t even the already difficult economy even the President’s proposal to spend all exist. The status quo is unacceptable, worse. If we fail to act, there will be these funds with zero oversight and and I am hard at work on legislation to more impacts on the lives of an already transparency. Now, there is a clear re- reform oversight of Wall Street be- struggling middle class—job losses, quirement that all of these arrange- cause the current system failed. pension losses, and an ever harder time ments are transparent and above The bill is prompted by a systematic paying for college. board. Moreover, there will be a panel failure by all the financial regulators That is why we must act, and that is of outside experts who must report to who turned a blind eye to the problems why we must pass this legislation. the Congress and the American people that had been identified well before When this proposal was first un- on the Treasury Secretary’s use of this crisis erupted. veiled, it was little more than a blank these funds and submit a regulatory re- Reckless and irresponsible business check, and I know the people of Rhode form plan in January 2009 so we can decisions brought us here, but lax over- Island were outraged just like me. work on new laws to prevent a similar sight and poor risk management by But this proposal is vastly different. case of market failure. And, we in- regulators also played a starring role. Gone is the blank check. cluded provisions to ensure that no-bid No one is happy that we have to act, In its place there are strong protec- contracts are not awarded, contracting but we need to act to avoid further tions for the taxpayers, a greater like- rules are followed, conflicts of interest damage to our economy. The task be- lihood of success, better oversight, and, are prevented, and courts have the au- fore us now is to protect people’s jobs most importantly, a chance for a re- thority to review any questions about and retirement savings, and do our best turn on this investment in stabilizing this law. to craft a solution to the credit crisis the economy. And, we took a strong first step when that prevents our economy from grind- When the President sent us his blank it comes to the excessive pay of too ing to a halt. check, it was clear that we needed to many executives on Wall Street who The question must also be asked: make sure we followed the same prin- got us into this mess. Indeed, under How can we prevent this from hap- ciple anyone follows when they lend this bill, there will be no golden para- pening again? money which is that you get paid back. chutes for those executives who helped The administration found that it That is why I fought and got bipartisan create this financial crisis. Instead, could no longer control events. Instead, support for a provision that ensures they will see those sweetheart deals go events controlled the administration as taxpayers do not remain exposed to all away, and, indeed, the Securities and credit markets have stubbornly re- of the risks of this program by requir- Exchange Commission and the FBI mained frozen and banks still refuse to ing if you participate in this taxpayer- have launched investigations into lend to each other. Small businesses funded program, that taxpayers get a many of these questionable financial are finding it harder to get credit, as piece of your future profits through a transactions. are consumers. share in the profit of the assisted com- Lastly, we should not overlook that No one takes lightly voting for a $700 pany. this bill also extends a number of tax billion package, even with taxpayer This device, known as a warrant, is cuts that will generate investments in protections I and my colleagues built nothing new, and it can be very effec- alternative sources of energy and green into it. These sophisticated institu- tive. In fact, in the Chrysler loan guar- job creation as well as a tax cut for ap- tions and complex instruments impact antee, warrants were used and resulted proximately 92,000 middle class Rhode very concrete, everyday assets, from in a profit to the Government and in Islanders who would otherwise face the homes to retirement savings. We must turn the American people. Warrants Alternative Minimum Tax. act now to protect these important as- were also a part of the successful effort This bill is necessary, but not per- sets. to revive the airline industry after 9/11. fect. It should be stronger when it Fundamentally, this is about pro- Most recently, Warren Buffett included comes to impacting those who got us tecting the savings and well-being of them in his deal with Goldman Sachs into this mess, and it should contain all Americans and providing access to last week, as did the FDIC in its recent some of the consumer and investor pro- capital and credit for businesses and brokering of the purchase of Wachovia tections and accounting reforms I have governments to make investments in by Citibank. called for over the years. There should our future. Warrants allow the taxpayers to get be more resources to prevent fore- The Senate has taken the first step their money back and more if a partici- closures, not to aid people who took and I urge the passage of this legisla- pating company rights itself. In other out a mortgage they should not have, tion. words, as the company’s stock goes but to protect the property values and Mr. ROCKEFELLER. Mr. President, I up—as it should over time—taxpayers stability of those neighborhoods facing rise today, at this difficult moment in get to participate in that appreciation a growing number of foreclosures. the history of our Nation, as a proud and even enjoy a reasonable premium. If we don’t follow up this vote with Senator from West Virginia—a State No one will be shocked to learn that increased transparency and better reg- whose people know a thing or two the President and Wall Street opposed ulations of the financial marketplace, about working hard, playing by the my idea for warrants. But when faced we could very well find ourselves de- rules, and protecting and defending the with the simple fact that any Wall bating another economic rescue pack- American dream in the face of adver- Street business transaction would age in the not too distant future. sity. They believe in looking out for exact no less of a price, protecting the Indeed, I have held eleven hearings one another, and they deserve just that taxpayer won and the special interests over the last year and a half in an ef- in return from their Government. lost. fort to bring these regulation and ac- For some time now, many West Vir- There are no guarantees that the as- counting issues to the attention of my ginia families have been besieged by sets purchased under this program will colleagues and the administration. rising gas prices and increased food and eventually appreciate, though that is These may have seemed like arcane utility bills. Already strained pay- certainly our hope, but at the very hearings to many, but the reality is checks are being stretched to the limit, least warrants help safeguard the tax- those who were supposed to enforce the and families are increasingly finding

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The bill cuts the cur- watching their property values de- We should not be in this situation. rent tax deduction on executive pay in crease as neighbors face foreclosure, The lack of regulation or warning by half and then charges a 20 percent ex- and they are fearful that this will be the Bush administration is reprehen- cise tax on any company that gives ex- the week their job gets cut or their re- sible, but the challenge is very serious cessive compensation packages. These tirement plan goes under. This anxiety and we must face it together head on. restrictions were hard fought, and in is not just being felt by those who There is no guarantee that a rescue my view not enough, but if some com- make the minimum wage, it is being plan will stop the bleeding, but we panies or executives find a loophole felt by everyone in every corner of my must try. and try to take advantage of taxpayer State. People are angry, and I share From the beginning, I made it very dollars here, I assure you we will clamp that anger. clear that I would only support a res- down even further. I have spent my entire career fight- cue plan that looked out for the needs Fourth, the bill provides relief to ing for West Virginians to have a voice of people on Main Street and for the homeowners who have been caught up and to make sure they don’t get the taxpayers who work to keep this coun- in the current mortgage crisis and are short end of the stick. The Putnam try strong. The rescue plan we have trying to save their homes. County factory worker who relies on agreed to is designed to help West Vir- The bill starts to address the root of their job at the plant, the St. Marys ginians get some of the financial help this financial crisis—foreclosures—not High School student who is dreaming and tax relief they need and will need by giving a pass to individuals who of attending college to be a teacher, in the difficult months ahead. The plan took out loans they could not afford, and the thousands of homeowners is not perfect and we must do more— but by allowing the Government to re- across the state who are entitled to but it is an important step. negotiate mortgage terms. Two million real peace of mind knowing that the Six key pieces of the legislation were more foreclosures are projected in the house they have been paying for every critical for my support: next year and it is in everyone’s inter- month like clockwork for 20 years will First, the bill mandates that tax- est to bring that number down, keeping not be taken from them. payers share in any future profits in more families in their homes and pay- As our financial markets have dete- order to recoup their funding if at all ing off their debts. riorated, banks have collapsed and possible. Fifth, the bill raises the FDIC insur- credit has begun drying up. Small busi- The legislation gives the Treasury ance limit temporarily to $250,000, pro- nesses have had a tougher time access- Department the authority to take war- viding more liquidity to banks and ad- ing capital to operate and keep work- rants or equity in companies that par- dressing the current crisis of con- ers employed. Even prominent Amer- ticipate, effectively acquiring stock in fidence, which is causing people to pull ican companies such as GE, GM, and the company. The warrants help reduce their money out of their banks and Caterpillar are beginning to feel this the risk to the taxpayers. If the price contributing to the credit crunch. credit crunch. That means less invest- the government pays for the assets is This is especially important to small ing in the future, fewer plants opening, low and the banks end up benefiting, businesses which employ over 50 per- and—what I fear most—massive lay- the government would own a share of cent of our private work force in West offs, long unemployment lines, and a that benefit. If the government is un- Virginia and which rely on banks to real run on the banks. able to recover the money spent by loan them the necessary capital to Just yesterday I was contacted by Treasury after five years, the President make payroll, stock their shelves, and the president of a midsized West Vir- must submit a plan to recover the invest in new projects and jobs. ginia manufacturing company that is shortfall from the financial services in- Sixth and lastly, the bill includes feeling the pain of this financial crisis. dustry. very substantial tax relief, so that Because of the credit crunch, his cus- Second, the bill establishes an over- working Americans also get the finan- tomers can’t get the capital to pur- sight board and an independent Inspec- cial help they need in this time of cri- chase his products, cutting in to his tor General who will watch over the sis. company’s sales. Monday’s huge drop day-to-day operations of the Treasury Now 24 million families who can’t af- in the stock market, after the House from the inside out. ford a higher tax bill—including 86 failed to pass a rescue bill, caused his I joined some of my Senate col- thousand in West Virginia—will be pro- employees’ 401(k) plans to lose a full leagues led by the distinguished chair- tected from the Alternative Minimum year’s worth of value in one day. That man of the Senate Finance Committee, Tax. The parents of almost 80,000 West means his employees would have to MAX BAUCUS, in calling for this IG. The Virginia children will now qualify for work one additional year in order to American people deserve the advocacy an even better child tax credit, and recover the value in their retirement of a tough, independent IG who wakes families will get help with college plan. up every morning with one mission in costs. Teachers who put out money We all knew the economy was weak- mind: to track the work of the Treas- from their own pocket to buy school ening but the magnitude of this crisis— ury—in the greatest detail possible—in supplies will get a deduction to help watching our financial system crum- order to hold the officials executing pay them back, and companies will get ble—has been shocking. The full im- this plan accountable and protect tax- a boost to do more research and devel- pact of this disaster is not yet known, payer dollars. opment and create new jobs. but it is safe to say this is the most Third, the bill limits executive pay And very importantly—for a secure troubling series of financial events I for failed CEOs who abused the public future on all fronts—the bill puts into have seen in my lifetime. trust, and for continuing or future law a whole host of energy and clean In response to this crisis, the Presi- CEOs whose companies participate in coal provisions: $5 billion for renewable dent sent the Congress a request for a the Government rescue. energy, $1.5 billion for clean coal facili- $700 billion blank check—with no de- It was recently reported that Wall ties, $1.2 billion for the Black Lung tails on how the money would be spent, Street’s five biggest firms paid more Trust Fund, and an incentive for the no oversight, no regulations for greedy than $3 billion in the last 5 years to steel industry fuel, a $20 credit for car- Wall Street bankers, and most impor- their top executives while they pre- bon sequestration, and more protection tantly no protections for taxpayers. sided over the sale of the subprime for our coal miners with increased in- With my colleagues on both sides of loans and securities that brought down vestment in mine rescue teams and the aisle, I have been working to deter- our financial markets. This is offensive state-of-the-art mine safety equip- mine the best way forward. I have con- and immoral. These are taxpayer dol- ment. sidered the situation and the options lars—the American people’s money— As a Governor of West Virginia dur- very carefully. I have consulted experts and we cannot allow this to continue. ing the early 1980s, I saw the crippling

VerDate Aug 31 2005 06:43 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.041 S02OCPT1 rfrederick on PROD1PC67 with SENATE S10434 CONGRESSIONAL RECORD — SENATE October 2, 2008 and damaging effects that the reces- must be extended promptly. I have dis- ranged transactions into stronger mar- sion had on the people of my state. I cussed this matter with the chairman ket participants, taken into Govern- don’t want to see our industries fail, of the Finance Committee, and he has ment conservatorships or receiverships thousands of people lose their jobs, or assured me that he will work to extend or provided a line of credit directly by the kind of fear, uncertainty, and hope- the provisions early next year. the Federal Government. These actions lessness that defined those times. Mr. BAUCUS. I am happy to respond were taken, in part, because of con- Nothing matters more to me than to the Senators from Arkansas, Or- cerns by Federal authorities about ei- helping West Virginia families hold on egon, and Washington, whom I have ther the losses in their OTC swaps to their life savings, their jobs, their worked with for several years on this books and or the potential cascading homes, their retirement, and their issue. They and others have persuaded effect on OTC swaps market if such an hopes for the future. me that the timber tax provisions are entity failed. Failure to act will severely hurt West fair and are important. That is why I The Treasury Report should look at Virginia families and that is a risk I strongly supported including the provi- the OTC swaps market generally and am not willing to take. sions in the farm bill. the current and potential options for I also want to be clear that there are That said, I believe that the timber improvements in clearing contracts, likely more tough times ahead. This tax provisions are in a different cat- such as through a Federally licensed plan is intended to prevent an eco- egory than the extenders that are in- clearinghouse, with a view to whether nomic catastrophe, but it alone will cluded in the current bill. The extend- it would materially lower credit risk. not put us on the path to prosperity. ers in this bill are provisions that have The Report should consider issues such We still must turn our attention to been in the Tax Code for some time, as the processing of confirmations, broader economic recovery, from and most already have expired. The margining, collateral management, healthcare, to increased wages, to ex- timber tax provisions, in contrast, are market access, transparency in pricing, panded job opportunities, to major pub- new—enacted earlier this year—and, as and safety and soundness concerns. lic infrastructure investments, to re- the Senator said, they do not expire Mr. President, I want to acknowledge storing fairness to our tax system so until May 2009. In light of that, al- the efforts of the many staff members that the middle class can once again though I strongly support the timber who have labored almost around the prosper. tax provisions, I believe that it is bet- clock over the past several weeks to The people of West Virginia deserve ter to address them early next year help craft this legislation. lasting solutions and I will fight every rather than as part of this bill. I antici- FROM THE BANKING COMMITTEE day to make sure this happens. pate that we will be considering tax Amy Friend, Dean Shahinian, Jonathan TIMBER TAX PROVISIONS legislation early in the next Congress. Miller, Aaron Klein, Julie Chon, Jenn Fogel- Mrs. LINCOLN. Mr. President, I am I will work with Senator LINCOLN, Sen- Bublick, Lynsey Graham, Brian Filipowich, concerned that this stabilization pack- ator MURRAY, and other interested Drew Colbert. age, which includes package of business Senators to see that the timber tax FROM SENATOR GREGG’S COMMITTEE AND tax incentives, does not extend the provisions are extended. PERSONAL STAFF timber tax provisions that were en- Mr. GRASSLEY. I agree with the Denzel McGuire, Jim Hearn, Allison Par- acted in sections 15311 and 15312 of the chairman of the Finance Committee. I ent, Christopher Gahan. farm bill and which are scheduled to support the timber tax provisions and FROM THE FINANCE COMMITTEE expire in May 2009. I and others have believe they should be made permanent Russ Sullivan, Cathy Koch, Mark Prater. long advocated the enactment of provi- or at least extended. I also agree with FROM SENATOR CONRAD’S BUDGET COMMITTEE sions that would permanently reform Senator BAUCUS that we have time to AND PERSONAL STAFF the tax rules for timber income. Given consider the matter early next year, Mary Naylor, Tom Mahr, Lisa Konwinski, budget constraints, as part of the farm and I will work with him to pass a Matt Salomon, John Righter. bill, we established the new rules for 1 timely extension. FROM THE JUDICIARY COMMITTEE year as a first step. It is important Mr. DODD. Mr. President, I rise to that the provisions not be allowed to discuss the intent in section 105(c) of Bruce Cohen, Kristine Lucius. lapse. Otherwise, our good work could the Emergency Economic Stabilization FROM THE MAJORITY LEADER’S OFFICE be undone because we will revert to the Act of 2008, ‘‘Regulatory Modernization Bruce King, Mark Wetjen, Gary Myrick, same situation as before in which com- Report,’’ of the important require- Randy Devalk. panies that harvest timber are subject ments for analysis of regulation of the FROM THE REPUBLICAN LEADER’S OFFICE to higher tax rates simply because of over-the-counter swaps market and for Rohit Kumar, Derek Kan. their form of business organization. recommendations regarding the en- FROM THE OFFICE OF LEGISLATIVE COUNSEL As we consider tax extenders legisla- hancement of the clearing and settle- Laura Ayoud, Rob Grant, Didem Nisanci tion, my specific concern is that, by ex- ment of over-the-counter swaps. with Senator REID, David Stoopler with Sen- tending a variety of expiring tax provi- The OTC swaps market is enormous, ator SCHUMER. sions until the end of 2009 but not ex- estimated to be $600 trillion. This mar- Last but not least, our extraordinary Floor tending the timber tax provisions, we ket is primarily made up of interest Staff, led by Lula Davis and Dave Chiappa. may create the impression that the rate swaps and Credit default swaps. f timber tax provisions are not likely to Corporations, banks, insurance compa- TRIBUTE TO SENATORS be extended. Because of this concern, I nies, GSEs, pension funds, State and am interested in learning, from the local governments and endowments all CHUCK HAGEL chairman and ranking member of the participate in the OTC swaps market. Mr. MCCONNELL. Mr. President, Finance Committee, about their plans The OTC swaps market is a ‘‘bilat- with the end of a session fast approach- for considering an extension of the tim- eral contract’’ market which does not ing, it is time once again to say fare- ber tax provisions. involve an exchange or a clearing- well to some of our favorite colleagues Mr. SMITH. Mr. President, I agree house. It is directly between two par- in the Senate. And today that includes with Senator LINCOLN. We made good ties, which results in each party bear- our friend, the senior Senator from Ne- progress in enacting the timber tax ing ‘‘counter party credit risk.’’ In braska. provisions in the farm bill, but we other words, if one of the two parties CHUCK HAGEL’s long record of service must take the important next step of goes bankrupt or fails to pay, the other is well known to many. What some making the provisions permanent or, party can suffer a complete loss on the may not know is that that record of at the very least, extending them. transaction. service long predates his time in Wash- Mrs. MURRAY. Mr. President, I Since the OTC swaps market has im- ington. would like to agree with the points pacts on the financial system, it is ap- Responsibility was thrust upon made by my colleagues. The timber tax propriate and timely to look at it care- CHUCK at an early age. A fourth genera- provisions are critically important to fully. Some of the largest OTC swaps tion Nebraskan, CHUCK became the Washington and other States that rely market dealers and market partici- man of the house at the young age of 16 on timber jobs, and the provisions pants have been merged in federally ar- after the death of his father.

VerDate Aug 31 2005 06:33 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.041 S02OCPT1 rfrederick on PROD1PC67 with SENATE October 2, 2008 CONGRESSIONAL RECORD — SENATE S10435 And he accepted the responsibility This is a tribute to his intelligence, hard to protect the private property head on, working hard to support his hard work, and devotion to a country rights of farmers and ranchers, who mom and younger brothers. that he has served his entire adult life. have been left especially vulnerable by But even then working hard was Elaine and I have enjoyed getting to the Court’s Kelo decision. nothing new to CHUCK HAGEL, who had know CHUCK, Lilibet, and their family Senator CRAIG took a lead role in the taken his first job delivering papers at over the years. I know CHUCK’s a proud Farm Bill debate over the last 2 years, the age of 7. dad. And his kids should be proud of making sure it included funds to sup- As a young man, CHUCK answered the their dad. port specialty crop producers in Idaho, call and volunteered to serve in Viet- CHUCK, it has been an honor, and a one of the Nation’s top producers of nam, and CHUCK’s fellow soldiers pleasure, to serve with you. We all wish specialty crops, and about one-third of turned to him for leadership. you well in whatever future endeavors the Nation’s potatoes. And he played a One of the soldiers who served right you choose to take on. vital role in smoothing the way for the alongside CHUCK was his younger I am confident that, even though Ne- bill’s final passage earlier this summer. brother Tom. By coincidence, the braska is known as a flat State, who- As chairman of the Public Lands and Hagel brothers ended up in the same ever succeeds CHARLES TIMOTHY HAGEL Forests Subcommittee, Senator CRAIG unit and rode together in the same ar- in the U.S. Senate is going to have a fought to reform the Nation’s Forest mored personnel carrier. very steep hill to climb. Service, which drastically reduced the In a defining act of heroism, CHUCK LARRY CRAIG timber harvest on public lands during once dragged his brother out of that Mr. President, one of the great stick- the Clinton Administration, cutting carrier after it had struck a landmine ing points for the framers of the U.S. into the livelihoods of Idahoans in and burst into flames. The blast left Constitution was how small States small towns across the State. For municipalities that couldn’t re- CHUCK badly burned and ruptured both would be represented in the new Gov- his eardrums. Yet despite serious inju- ernment. coup the losses from lost timber rev- ries to himself, he brought his brother In the end, the compromise that gave enue, Senator CRAIG reached across the through enemy fire to safety. small and big States equal representa- aisle and worked with Senator WYDEN After returning home from Vietnam, tion in the U.S. Senate broke the log- to find compensation that helped them cope. It was a characteristic gesture of CHUCK worked his way through college jam, paved the way for ratification, bipartisan work, and one he’s employed and got his first taste of Washington and became one of the most distinc- repeatedly over the years. working for Omaha Congressman John tive—and best—features of our democ- He’s been a strong defender of free McCollister. racy. trade. Later, CHUCK would show his drive It has ensured that the interests of As chairman of the Special Com- and his leadership in the business all Americans, including those who live mittee on Aging, he sponsored a bill world. Taking a risk, he sank his entire in remote or secluded corners of the that would enable seniors to buy State- savings into a business venture that country, are felt in the halls of power. approved long-term care policies. eventually paid off. And, throughout the life our country, And he has been a good friend to our And then, 12 years ago, he took an- it has meant that men and women who Nation’s veterans, serving as chairman other gamble. And we are glad he did. understood those interests and who of the Veterans’ Affairs Committee. A political newcomer, CHUCK de- could communicate them with clarity A new tower at Boise’s airport would feated Nebraska’s sitting State attor- and purpose would always have a cen- not have been built without Senator ney general in a primary, and then a tral place in the U.S. Senate. CRAIG’s help. Neither would the new popular incumbent governor in the For nearly two decades, LARRY CRAIG VA clinic that opened in Caldwell just general election for a seat in the U.S. has been that person for the people of last year. In a long Senate career, Sen- Senate. Idaho—a fierce advocate and an effec- ator CRAIG has fought with clarity and I will note, Mr. President, that the tive legislator who understands the conviction for Idahoans. Along the governor he beat is now the junior Sen- needs of his State, and always deliv- way, he has been a friend of veterans, ator from Nebraska. And in a sign of ered. children seeking a home through adop- CHUCK’s character and commitment to The grandson of a homesteader, Sen- tion, and thousands of American farm- the people of Nebraska, the two former ator CRAIG was born on a ranch north ers and ranchers, particularly those in rivals have worked in tandem on many of Boise and attended public schools. the Pacific Northwest. issues for the good of the people of He graduated from the University of And, along with three other Senate their State. Idaho in 1969 and may have been its colleagues who’ve moved on, he enter- I know Senator NELSON would agree most prominent alumnus before the tained us as a member of the Singing that Senator HAGEL’s departure is a world got to know the current Gov- Senators. great loss for this Chamber and for the ernor of Alaska a few weeks ago. With Senator CRAIG’s retirement, the people of the Cornhusker State. After college, Senator CRAIG served last of the Singing Senators will have CHUCK’s advocacy for the people of in the National Guard, worked as a left the building. Nebraska was reaffirmed 6 years ago farmer-rancher, and was elected to the And the people of Idaho will have lost when the voters sent him back to Idaho senate in 1974. Seven years later, one of their greatest champions. Washington for a second term. Idaho voters sent him to Washington. JOHN WARNER In a sign of his effectiveness and his After a decade in the House, they Mr. KYL. Mr. President, considering popularity, he won reelection to the sent him to the Upper Chamber. And he the long and distinguished history of Senate by the biggest margin Nebraska has been fighting their battles here in the State of Virginia, it is quite an ac- has ever seen. the Senate ever since. complishment to be the state’s second- The one-time political newcomer One of his favorite targets over the longest serving Senator. But, that is trounced his opponent, winning 83 per- years are the Western lands policies fa- just one of Senator JOHN WARNER’s cent of the vote—and all 93 counties in vored by big city environmentalists many accomplishments. the State. but opposed by the native Idahoans Senator WARNER has been serving his In two terms in the Senate, CHUCK who cherish and live off the land. country since 1945 when he enlisted in has earned the respect of his colleagues He fought revisions of the Mining Act the Navy. Later, he joined the Marine and risen to national prominence as a of 1872, and a Clinton-era proposal to Corps and served in Korea. During the clear voice on foreign policy and na- introduce grizzlies into Idaho’s Bitter- Vietnam war, he served in the Depart- tional security. He has consistently root Range. ment of the Navy, ultimately attaining fought to expand free trade, particu- Over the years, he’s fought anyone the position of Secretary. larly with Vietnam. who tried to impose rules and restric- Senator WARNER’s service and knowl- CHUCK’s stature as a leading voice in tions on land use that natives oppose. edge of the military have guided his foreign affairs has earned him a reputa- Those battles heated up in the wake of work in the Senate. He has served as tion, in just 12 years in the Senate, as the Supreme Court’s 2005 Kelo ruling. chairman of the Armed Services Com- one of Nebraska’s great statesmen. And over the last 3 years, he’s fought mittee and has guided many bills

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Debating a Defense authoriza- stabilization plan the Senate just he so often delivered on the Senate tion bill without the leadership of Sen- passed; and earlier in the summer, he floor. ator WARNER will be a new experience was one of the more vocal advocates of I wish LARRY and Suzanne all the for most of us. securing this nation’s energy future. Of best and hope they have many happy On a daily basis, Senator WARNER course, he has long supported reducing moments with their wonderful family. provided a fine example for other Sen- the country’s dependence on foreign WAYNE ALLARD ators. For the Senate to function prop- sources of energy, but this summer he Mr. President, as this session draws erly, there must be comity in the body. addressed the issue with renewed vigor. to a close and as we look forward to Senator WARNER was courteous and al- Senator DOMENICI has been of great the 111th Congress, I would be remiss if ways willing to settle disagreements in help to his neighbors in Arizona. With- I didn’t pay tribute to my colleagues a way that befits Senators. The Senate out his assistance, we would not have who are retiring after years of service cannot work on behalf of Americans if an Arizona Water Settlements Act, one to their country. Senators are unwilling to work in a of the landmark settlements in the his- I have known Senator WAYNE ALLARD courteous and bipartisan manner. Sen- tory of the country. He has also been since we served in the House together. ator WARNER understood that fact well. working hard on a water settlement for Senator ALLARD served with distinc- Senator WARNER has served in the New Mexico. It won’t be completed be- tion on the Armed Services Com- Senate for 30 years, winning five elec- fore he leaves the Senate, but Senator mittee, and we have worked together tions. Many Americans have never seen to make sure that this country is pre- DOMENICI has been instrumental in get- a Senate without JOHN WARNER, and ting the settlement as far as it has. pared to meet national security chal- many Virginians have always had JOHN Senator DOMENICI should also be lenges. Both of us believe strongly in WARNER as their Senator. proud that legislation he has worked President Reagan’s famous axiom, When JOHN leaves the Senate, the on for some time now is poised for pas- ‘‘peace through strength.’’ body will lose not only a distinguished Recently, we worked together to se- sage. Mental health parity has long legislator but also a consummate gen- cure funding to study the possibility of been a priority for Senator DOMENICI, tleman. basing missile defenses in space. As a and it appears he will be able to add it result, policymakers will finally begin CHUCK HAGEL to his long list of accomplishments in Mr. President, when the 111th Con- to have the information necessary to the Senate. debate the overall feasibility of a gress convenes next year, the Senate When a Senator has served as long as will be without Senator CHUCK HAGEL. space-based missile defense layer. The Senator DOMENICI, it is difficult to space threat will only grow in the Senator HAGEL has decided to retire imagine the Senate without him. My from the Senate after two terms. His years ahead, and I am pleased that I Senate colleagues and I will miss PETE was able to work with Senator ALLARD career in public service, however, long and Nancy, and we will remember his to make small, but measurable predates his service in Congress. legacy of leadership and years of dis- Like many public servants, Senator progress towards better defending the tinguished service to the nation. HAGEL entered politics after first serv- nation. ing the Nation in the armed forces. He LARRY CRAIG Senator ALLARD is the model legis- saw combat in Vietnam and served Mr. President, five colleagues on my lator. He’s not a professional politi- with valor, receiving two Purple Hearts side of the aisle are retiring from the cian, but a veteranarian by trade. He among other decorations. He would Senate at the end of this session. They understands that the money we spend later serve as a congressional staff have served for many years, and I have in Washington is not the government’s member, and in 1981, President Reagan come to know each of them very well. money, but the taxpayers’. And he tapped him as Deputy Administrator of Senator LARRY CRAIG and I served in proves it, returning over $4 million of the Veterans Administration. the House together until 1990 when his office’s funds to the government’s When Senator HAGEL came to the Senator CRAIG moved to the Senate. I coffers. His votes are based on prin- Senate, his actions often reflected his joined him four years later. We rep- ciple, not politics. experience as a combat veteran. He did resent Western States, so we have had I wish Senator ALLARD all the best. what he believed was best for the men occasion to work together on issues Colorado has lost a great legislator, and women in uniform, and he defended that are important to the American but I am sure that his wife Joan, his his positions forcefully. West. children, and his five grandsons will be Senator HAGEL has continued to pro- In his position on the Energy and glad to have him at home more often. tect and defend the country, notably Natural Resources Committee, he has JOHN WARNER through his work on the Foreign Rela- defended property rights and stood for Mr. THUNE. Mr. President, today I tions and Intelligence Committees. He the prudent use of our natural re- rise in tribute to the senior Senator had strong opinions, and he was never sources. He has also been a strong ad- from Virginia, the honorable JOHN shy about letting them be known. vocate of Americans’ second amend- WARNER. Senator WARNER is without a I wish Senator HAGEL all the best in ment rights. And, as a member of the doubt one of the finest Senators this his pursuits after the Senate. I expect Veterans’ Affairs Committee—for a chamber has ever had, and the Senate that he will devote much of his time to time the ranking member—he has will be a lesser place without him. his wife Lilibet and their family, but I worked to ensure that veterans receive Senator WARNER is truly a great imagine he will save some time to fol- the benefits they were promised. American—a patriot who has devoted low his Nebraska Cornhuskers. Senator CRAIG has held a number of 45 years of his life in service to his PETE DOMENICI positions among Senate Republicans. country. One of America’s Greatest Mr. President, the Senate will be a He served as chairman of the Repub- Generation, he served his country hon- different place when Senator DOMENICI lican Policy Committee, and he par- orably during World War Two, enlist- departs at the end of this session. I say ticipated in the musical effort of Sen- ing before he was 18 years old. When that as a colleague and as a neighbor in ators Trent Lott, John Ashcroft, Jim war in Korea broke out, he again an- the great Southwest. Jeffords, and himself—the Singing Sen- swered his country’s call to arms. After Senator DOMENICI has served in this ators. earning his law degree, he served as the body for six terms, longer than any After almost three decades in the Under Secretary and later the Sec- Senator in the history of New Mexico. U.S. Congress, Senator CRAIG is now retary of the Navy, again serving with Judging from the energy that he has leaving public service. Idaho has lost a great distinction and integrity. displayed during the past months, he great Senator who always looked out In 1979, Senator WARNER came to the could serve another; but he has decided for the interests of the State and its Senate to begin his 30 year Senate ca- to retire, and it is well deserved. citizens. He has a great record of ac- reer. As in every one of his endeavors

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And for 5 years he served in the full terms in the Senate, which is Senator WARNER’s leadership on the Secretariat of the Navy, leading the de- amazing in and of itself. But what is Armed Services Committee has been partment from 1972 to 1974. That seems perhaps most amazing is he has re- invaluable. There is no doubt that like a full career in itself, but it was mained the regular person he was when he speaks, all are wise to listen. just a prologue to five terms in the brought up to be in Albuquerque and He provides unwavering, courageous Senate. has always applied his commonsense leadership that all lean upon. There is Over three decades, JOHN WARNER has values to the most complex national never any doubt to his motives. His worked with great energy, skill, and problems. only motive is to look out for our men wisdom to protect the national secu- Senator DOMENICI has been a stalwart and women in uniform and ensure our rity of the United States. The Depart- in the difficult job of trying to curb Nation’s defense. His first priority is ment of Defense is a massive organiza- Washington’s seemingly endless appe- his country. tion with a budget that staggers the tite for more spending. Politics tends Senator WARNER has never failed to imagination. But Senator WARNER has to be a business in which all the re- lead courageously. At times, some of devoted himself to mastering the de- wards flow to those who say ‘‘yes.’’ But the positions he has taken have been tails of the DOD and been a relentless for the sake of the taxpayers and chil- politically unpopular, but his latest re- advocate for its modernization and dren and grandchildren of ours who election—with over 82 percent of the continuous improvement in effective- cannot yet speak, PETE DOMENICI has vote—attests that his constituents ness. Throughout his career, he has been willing to say ‘‘no’’ to more know he is only dedicated to doing one demonstrated tremendous caring for spending in order to say ‘‘yes’’ to their thing—the right thing. In times of cri- the millions of men and women who economic future. sis, there is no doubt that Senator have worn the country’s uniform and Senator DOMENICI has made a tre- WARNER becomes a rock that we all been their best friend on Capitol Hill. mendous contribution to the advance- lean upon when we face the most chal- Senator WARNER has been a coun- ment of science by focusing resources lenging issues of our time. He was one selor and mentor to me in my first 6 and efforts to understand the human of the leaders that worked on the Mili- years here, and on behalf of the people brain. For decades from now, a wide tary Commissions Act and the incred- I represent in Minnesota I thank him spectrum of discoveries and therapies ibly difficult and contentious issue of for his counsel to me on how to do this to improve human life will come out of detainees. Once again, just this year, job right. He taught me that just as the his insistence on progress of the basic he led again, this time by becoming human body has its bones and vital or- science of brain research. It has been a one of the Gang of 20, trying to provide gans under the skin and out of sight, great privilege to work with him close- bipartisan solutions to American’s en- the most important work of the Senate ly on his signature issue for the last ergy issues. And, of course, it took his takes place away from the TV lights several years: mental health parity. leadership to bring about passage of and the press conferences. His tireless commitment to ending in- the Defense authorization bill this The day-to-day work of achieving surance discrimination, and willing- year, a bill that by tradition is passed compromise on hundreds and hundreds each year, but which was looking ex- ness to share his own family’s strug- of issues that come before us is where tremely doubtful of passage for the gles, has broken down barriers to treat- the real difference can be made, and first time in decades. ment and brought hope to millions of I have only one regret regarding my JOHN WARNER excelled at that work. Americans living with mental illness. Another Virginian, George Wash- The legislative process has regret- service with Senator WARNER, and that ington, said during the darkest days of is I did not have the opportunity to tably become more divisive and par- the American Revolution that, ‘‘spirit serve with him longer. One of the finest tisan over the last decade, but through and perseverance have done wonders in statesmen of his time, I am proud to it all Senator DOMENICI has been a role call him my friend. I aspire to his ex- all ages.’’ Today I honor the spirit of model of civility, diligence, and good- ample and his name belongs in the pan- patriotism that has always motivated will. The Senate was built to achieve theon of the Senate’s greatest figures. JOHN WARNER and his perseverance consensus on the great issues of the Last, I would like to tell him thank through more than five decades that day, and PETE DOMENICI was always fo- you. Thank you for your great service has made this a stronger and freer na- cused on what we could get done, rath- to our great Republic. Thank you for tion. May his sterling example of serv- er than on who got the credit. the untold sacrifices you and your fam- ice inspire all of us to serve as nobly His ability and willingness to find ily have made along the way in your 45 and as skillfully as he has done. consensus and produce legislation the years of public service. Thank you for PETE DOMENICI American people need has been show- your integrity, patriotism, leadership, Mr. President, one of the lessons of cased by his 30 years of service on the and honor. our history is that America is not Senate Energy and Natural Resources As I noted before, the Senate will be great because our leaders were some- Committee. It is a testament to his a lesser place when he leaves, but I how superhuman, but because regular abilities that as either chairman or wish Senator WARNER a fond farewell people enjoy extraordinary freedom ranking member, PETE DOMENICI has and Godspeed. and use it to pursue ideals beyond their guided three energy bills into law in JOHN WARNER individual concerns. Senator PETE the last 3 years: the Energy Policy Act Mr. COLEMAN. Mr. President, as the DOMENICI is a wonderful example of of 2005, the Gulf of Mexico Energy Se- Senate completes its work for the year, this unique brand of American great- curity Act of 2006, and the Energy Inde- we have also reached the end of the dis- ness, and as he completes his service to pendence and Security Act of 2007. tinguished career of the senior Senator the Senate, I wanted to take a few min- PETE found a way to cut through a from Virginia, JOHN WILLIAM WARNER, utes of the Senate’s time to honor him tough, partisan climate in the Senate Jr. and thank him. to address our dependence on foreign In their wisdom, our Founders cre- PETE DOMENICI was born to Italian oil. ated the Senate to be a body like no immigrants during the Great Depres- Personally he has been a connecting other on Earth to harness the special sion in Albuquerque, NM, which was a point for me with the great compro- wisdom that experience can bring. I long cultural distance from Wash- misers and policy experts of the Sen- think they had people like JOHN WAR- ington, DC. He worked in his family ate’s recent past. And he has always re- NER in mind as the kind of person who grocery businesses and played for a minded me that we are not Senators would best serve the Nation in the Sen- farm team of the Brooklyn Dodgers, who happen to be people; we are people ate. which is enough to endear him to me who happened to be Senators for a

VerDate Aug 31 2005 04:49 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.048 S02OCPT1 rfrederick on PROD1PC67 with SENATE S10438 CONGRESSIONAL RECORD — SENATE October 2, 2008 time, and we need to nurture the roots members to this body, and they play a cline of the legislative branch of Gov- of faith, family, and friendship that key role in our deliberation. Perhaps ernment to the installation of air-con- give us life. because Nebraska is kind of plains ditioning in the Capitol. What he PETE DOMENICI is a great American State, kind of a Midwestern State, meant by that was that previous gen- success story, and it has been an honor kind of a Western State, and in that erations of Senators were driven from and privilege to serve with him in way unique, Nebraskans have contrib- Washington by the tropical summers, Washington. His influence on me will uted a great deal of independence to and that gave them an opportunity to continue long after he has left this our deliberations, which is so valuable reconnect with their roots so they body. in the Senate’s search for consensus. could return refreshed and reoriented CHUCK HAGEL We in Minnesota are glad to be a part toward the people’s wishes. Senator Mr. President, one of the first experi- of CHUCK HAGEL’s life. Since some of ALLARD needed no such climatic en- ences of a new Senator is to open their his education occurred at the Brown couragement: he couldn’t wait to get drawer in their desk here on the floor Institute in Minneapolis, we too claim back to Colorado where he would spend and learn a special lesson in Senate a piece of him. countless hours listening to and learn- history. Traditionally, Senators do We thank the people of Nebraska for ing from the folks who sent him here. what we prevent sixth grade boys from sharing him with the Nation as a Mem- I will truly miss his example and his doing: we write our names into our ber of the Senate. We will certainly friendship here in the Senate. The Sen- desks. When I first opened my drawer miss his razor sharp analytical mind ate is a distinctive and valuable insti- here, I saw decades of people who had and his wonderfully engaging person- tution generation after generation be- occupied this particular desk, and it ality. I am personally grateful to him cause the senior Members pass on their told me that for however long I am for the way he introduced me to the lessons to the junior Members. Senator here, I am a temporary occupant. Many habits and ways of the Senate and for ALLARD taught me a lot about how to came before me and many will come helping me understand how to do my be a good Senator by working hard, after me. So at each 2-year interval, we best for the people of my State. sticking to your principles, and listen- say goodbye to many of our colleagues In the history of this Nation, dif- ing more than talking. Former Senator Harry S. Truman and await the new. ferent kinds of men and women have said that if you want a friend in Wash- I will be particularly sad to say fare- given some of their talents and vision ington, buy a dog. But Senator ALLARD well to the Senior Senator from Ne- to this place for the benefit of the has been my good friend, encouraging braska, Mr. HAGEL. He came to this whole Nation. We thank Senator me when I was discouraged and keeping body with an extraordinary career in HAGEL for his willingness to serve and me humble when I was flying too high communications, finance, and inter- for the way he made the most of every moment of his time here in the Senate. for my own good. national business. He was like a Sen- I think the ideas of fiscal conserv- WAYNE ALLARD ator of a bygone era, when Members of atism and frugality that he based his Mr. President, with the conclusion of this body often were the national ex- life and service on are returning to the our business for the year comes the perts in their fields. forefront here in Washington as he de- moment when we must say farewell to He made a tremendous contribution parts. As we move toward a balanced Members who have chosen to leave the to the world of the Senate because he budget, I think he can take pride in Senate, and I want to take this oppor- had first-hand knowledge of the dyna- fighting for it for 12 years in Wash- mism and transformational nature of tunity to honor my friend and col- ington and pointing us in the right di- the global economy all around us. He is league from Colorado, Senator WAYNE rection. the kind of decisionmaker that is shap- ALLARD. He is leaving as a matter of WAYNE ALLARD is a good man who ing the new economy and it has been so principle, believing in the value of chose to serve in the Senate for a spe- valuable to have him among us. ‘‘citizen legislators,’’ which he is ful- cific amount of time and he has done CHUCK HAGEL’s whole life expresses filling by ending his service here after that. I honor him today as a person of his conviction that the world can and two terms. I greatly respect him for character and wisdom, and I thank him should be a better place, and it will not that choice. for making me a better Senator and for get that way by itself. He is fully en- One of the wonderful things about making the Senate a place that better gaged in life-long effort to make the the Senate is the distinctive experi- reflects the values of regular people. ences that bring people to this place. world a better place, and he applies LARRY CRAIG every waking hour to the quest. I know Senator ALLARD’s professional training Mr. WARNER. Mr. President, the that ‘‘retirement’’ is not the word for is as a veterinarian, a skill that is of State of Idaho occupies a very special his departure from this place—in a way great importance to a State with as place in my life’s career. In the sum- he is released from this responsibility much livestock agriculture as Colo- mer of 1943, during the height of World to pursue his passion of public service rado. He began a successful veterinary War II, I had the great fortune to find in multiple other ways. He is the em- practice from nothing in Loveland, in a job with the U.S. Forest Service. I bodiment of the ideal of a life of self- the eastern foothills of the Rocky was sent to Idaho, along with many sacrifice for the betterment of others. Mountains. That experience has given other young men, to work in the for- Senator HAGEL brought his analyt- him unique insight into the needs and ests. We performed a wide range of du- ical, probing mind to the Foreign Rela- concerns of America’s millions of small ties, from clearing trails to fighting tions Committee, where I served with businesses, where the job growth and forest fires. him these last 6 years. His contribu- creative energy of our economy comes After brief service in the Navy in the tions to the committee’s work were al- from. final year of World War II, I attended ways thoughtful and challenging—and WAYNE ALLARD brought many values college and at my first opportunity, in that was just his Halloween costumes. with him to the Senate, but perhaps the summer of 1947, I returned to Idaho CHUCK HAGEL is one of the most ener- the most important is the need to use to once again work with the Forest getic people I have ever met. When you more care in the way we spend the peo- Service, helping preserve one of na- look at the list of organizations he sup- ple’s money. He personally practiced ture’s greatest gifts—the mighty trees ports with this ideas and his leader- that value by returning $42.2 million of of the West. ship, it looks like the combined resume his office allotment to the U.S. Treas- Those two summers of hard work of five people. He works with veterans ury. As a member of the committees trained and prepared me to always re- organizations, antipoverty organiza- which handle appropriations, the Fed- spect those who labor with their hands. tions, international cooperation orga- eral budget and banking policy, he has Throughout my career in the Senate, nizations and the list goes on and on. been a constant advocate for lower I have enjoyed working with senators He has been honored by dozens of orga- spending, improved efficiency in gov- from Idaho, and sharing common inter- nizations for excellence in public serv- ernment programs, and steady progress ests, such as forestry and preserving ice. toward a balanced budget. the great outdoors, with those who rep- For some reason, Nebraska has a Our former colleague, Howard Baker, resent that State. Senator LARRY habit of sending independent-minded once said that you could trace the de- CRAIG is one of those.

VerDate Aug 31 2005 06:33 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.052 S02OCPT1 rfrederick on PROD1PC67 with SENATE October 2, 2008 CONGRESSIONAL RECORD — SENATE S10439 Through the years, I have found his troops to Iraq—what about the cost of end, the compromise agreement would perspective on controversial issues, caring for their injuries, both physical fully authorize VA to provide mental such as forests, mining and agriculture and psychological, when they return?’’ health services to families of veterans especially the potato and sugar-beet From this first letter, the Committee and would set up a program to issues to be very valuable and inform- on Veterans’ Affairs held various hear- proactively help veterans and their ative. ings on the mental health needs of vet- families to transition from deployment LARRY CRAIG and I also share an in- erans. The media carried so many sto- to civilian life. terest in the fine arts. My hobby is ries of veterans who were suffering, and Beneficiary travel reimbursements painting in oil; his is drawing with me- various studies showed how prevalent are essential to improving access to VA ticulous design. His creations are ex- mental health difficulties are in those health care for veterans in rural areas. traordinary in their detail. I hope, as who return from duty in Iraq and Af- This legislation would increase the he leaves the Senate, he will have op- ghanistan. beneficiary travel mileage reimburse- portunities to further utilize these ex- We worked with experts in the men- ment rate from 11 cents per mile to 28.5 ceptional talents to create pieces of art tal health field and others who were cents per mile and permanently set the to be enjoyed by others. advocating for veterans, including deductible to the 2007 amount of $3 I wish him and his family well. those at the Disabled American Vet- each way. Senator TESTER has been a leader on this issue, and I thank him f erans, to craft a bill that responded to the problem. This legislation responds for that. VETERANS’ MENTAL HEALTH AND to the concerns of the Baileys and Too often, veterans suffer from lack OTHER CARE IMPROVEMENTS ACT many others who have come to the of care not only because they reside in Mr. AKAKA. Mr. President, I rise committee to tell their stories, and rural areas but also because they are unaware of the services available to today to urge swift Senate passage of does so with the clear understanding them. This legislation would enhance S. 2162, the proposed Veterans’ Mental that veterans care is a cost of war. If outreach and accessibility by creating Health and Other Care Improvements we neglect to pay these costs when the a pilot program on the use of peers to Act of 2008, as amended. This is an om- service members first return from de- help reach out to veterans. It would nibus health care measure, which re- ployment, we as a nation will suffer in- also encourage improved accessibility sponds to the burgeoning mental calculable human costs that can never for mental health care in rural areas health concerns of veterans and their be repaid. through coordination with community- families. The bill, as it comes before Provisions included in this com- based resources. Mental Health Amer- the Senate, is a compromise agreement promise agreement are drawn from var- ica and Iraq and Afghanistan Veterans developed with our counterparts on the ious bills which have all been reported of America brought to the committee House Committee on Veterans’ Affairs. favorably by the Senate Committee on the concept of using peers to help vet- I thank Chairman FILNER and Ranking Veterans’ Affairs, including S. 1233 as erans, and I think it is a good one. Member BUYER of the House committee ordered reported on August 29, 2007; S. It is crucial that all veterans have for their cooperation in this endeavor. 2004, S. 2142, S. 2160, S. 2162, as ordered access to emergency care. This bill I also thank my good friend, the com- reported on November 14, 2007; and S. would make corrections to the proce- mittee’s ranking member, Senator 2969, as ordered reported on June 26, dure used by VA to reimburse commu- BURR, for his great energy and coopera- 2008. nity hospitals for emergency care pro- tion as we have developed this bill. I will briefly outline some of the key vided to eligible veterans to ensure This compromise agreement is also provisions in the compromise agree- that both veterans and community focused on addressing homelessness ment. hospitals are not unduly burdened by among veterans, increasing VA’s ef- This legislation would make com- emergency care costs. This provision is forts on pain management, promoting prehensive changes to VA mental based on legislation introduced by Sen- excellence in VA’s efforts relating to health treatment and research. Most ator BROWN in response to a situation epilepsy, and improving access to care notably, it would ensure a minimum in his own State of Ohio, where com- in rural areas. It also includes a series level of substance use disorder care for munity hospitals were not being reim- of necessary programmatic authoriza- veterans who need such care. It would bursed timely from VA. tion extensions as well as major med- also require VA to improve treatment The compromise agreement also ad- ical facility construction authoriza- of veterans with PTSD co-occurring dresses homelessness among veterans, tions. with substance use disorders. Addition- a far too prevalent problem. The bill The framework for this bill is my leg- ally, in order to determine if VA’s resi- would create targeted programs to pro- islation, S. 2162 as originally intro- dential mental health facilities are ap- vide assistance for low-income veteran duced. This bill represents a bipartisan propriately staffed, this bill would families. It would also increase the approach and was cosponsored early on mandate a review of such facilities. It total amount that VA is authorized to by the ranking member, Senator BURR, would also create a vital research pro- spend on its successful Grant and Per along with Senators MIKULSKI, ENSIGN, gram on PTSD and substance use dis- Diem Program, which assists commu- ROCKEFELLER, SMITH, BINGAMAN, DOLE, orders, in cooperation with, and build- nity-based entities that serve homeless CLINTON, COLLINS, SESSIONS, and STE- ing on the work of, the National Center veterans. Finally, the bill would ex- VENS. for PTSD. pand a program to help formerly incar- Mr. President, I want to share how It is not uncommon for veterans with cerated veterans reintegrate into life we began this process. The legislation physical and mental wounds to turn to and ensure facilities are up to par for did not stem from a lobbyist or an in- drugs and alcohol to ease their pain. women veterans who are homeless. terest group. It came about because of Many experts believe that stress is the Epilepsy is often associated with one letter—a letter to me from the par- primary cause of drug abuse and of re- traumatic brain injury. This legisla- ents of Justin Bailey—Mary Kaye and lapse to drug abuse. Sixty to eighty tion would establish six VA epilepsy Tony Bailey. percent of Vietnam veterans who have centers of excellence, focused on re- Justin Bailey was a war veteran who sought PTSD treatment have alcohol search, education, and clinical care ac- survived Iraq only to die while receiv- use disorders. VA has long dealt with tivities in the diagnosis and treatment ing care from VA for PTSD and sub- substance abuse issues, but there is of epilepsy. These centers would re- stance use disorder. A week after his much more that can be done. This leg- store VA to the position of leadership death last year, Justin’s parents were islation would provide a number of so- it once held in epilepsy research and naturally heartbroken by the death of lutions to enhance substance use dis- treatment. Senators MURRAY and their only son, but even more than order treatment, including an innova- CRAIG worked together to bring this that, they were concerned that other tive approach to substance use treat- critical legislation to the forefront. I veterans might share his fate if VA ment via Internet-based programs. also add that the Epilepsy Foundation mental health care did not improve. Furthermore, the inclusion of fami- of America and the American Academy In their own words, they asked, ‘‘Ev- lies in mental health and substance use of Neurology were very helpful to the eryone talks about the costs of sending disorder treatment is critical. To that committee on this issue.

VerDate Aug 31 2005 04:49 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.058 S02OCPT1 rfrederick on PROD1PC67 with SENATE S10440 CONGRESSIONAL RECORD — SENATE October 2, 2008 The medical community has made vide and enhance intervention, rehabilita- The Compromise Agreement contains this impressive advances in pain care and tive treatment, and services to veterans with provision. management, but VA has lagged behind traumatic brain injury, and for other pur- Findings on substance use disorders and mental in implementing a standardized policy. poses, placed on the Senate calendar on Au- health (sec. 102) gust 29, 2007. The Senate bill contained a provision (sec. S. 2162 would establish a pain care pro- H.R. 1527, to conduct a pilot program to gram at all VA inpatient facilities, to 301) that would express the sense of the Con- permit certain highly rural veterans enrolled gress that: prevent long-term chronic pain dis- in the health system of the Department of (1) More than 1,500,000 members of the ability. It also provides for education Veterans Affairs to receive covered health Armed Forces have been deployed in Oper- for VA’s health care workers on pain services through providers other than those ation Iraqi Freedom and Operation Enduring assessment and treatment and would of the Department, passed by the House on Freedom. The 2005 Department of Defense require VA to expand research on pain September 10, 2008; H.R. 2623, to prohibit the Survey of Health Related Behaviors Among collection of copayments for all hospice care care. We relied on the Pain Care Forum Active Duty Personnel reports that 23 per- furnished by the Department of Veterans Af- cent of members of the Armed Forces on ac- and their many organizations devoted fairs, passed by the House on July 30, 2007; tive duty acknowledge a significant problem to the relief of pain, and I thank them H.R. 2818, to provide for the establishment of with alcohol use, with similar rates of ac- for their efforts on behalf of veterans. epilepsy centers of excellence in the Vet- knowledged problems with alcohol use Finally, S. 2162 contains extensions erans Health Administration of the Depart- among members of the National Guard. of authorities for VA to provide some ment of Veterans Affairs, passed by the (2) The effects of substance abuse are wide essential services to veterans, such as House on June 24, 2008; H.R. 2874, to make ranging, including significantly increased both institutional and non-institu- certain improvements in the provision of risk of suicide, exacerbation of mental and tional long-term care and caregiver as- health care to veterans, and for other pur- physical health disorders, breakdown of fam- poses, passed by the House on July 30, 2007; ily support, and increased risk of unemploy- sistance. It would also authorize a se- S. 2969, to enhance the capacity of the De- ment and homelessness. ries of major medical facility construc- partment of Veterans Affairs to recruit and (3) While veterans suffering from mental tion projects and clinic leases in Cali- retain nurses and other critical health care health conditions, chronic physical illness, fornia, Texas, Puerto Rico, Florida, professionals, and for other purposes, placed and polytrauma may be at increased risk for Louisiana, Colorado, Nevada, Pennsyl- on the Senate calendar on September 18, development of a substance use disorder, vania, Wisconsin, South Carolina, 2008. treatment for these veterans is complicated H.R. 3819, to reimburse veterans receiving by the need to address adequately the phys- Ohio, Arizona, Georgia, and Illinois. ical and mental symptoms associated with Mr. President, before I close, I recog- emergency treatment in non-Department of Veterans Affairs facilities for such treat- these conditions through appropriate med- nize and thank the individuals involved ment until such veterans are transferred to ical intervention. in putting together this comprehensive Department facilities, and for other pur- (4) While the Veterans Health Administra- measure. Specifically, I thank Cathy poses, passed by the House on May 21, 2008; tion has dramatically increased health serv- Wiblemo and Dolores Dunn from the H.R. 4264, to name the Department of Vet- ices for veterans from 1996 through 2006, the House committee and Jon Towers from erans Affairs spinal cord injury center in number of veterans receiving specialized sub- stance abuse treatment services decreased 18 the minority on the Senate committee. Tampa, Florida, as the ‘‘Michael Bilirakis Department of Veterans Affairs Spinal Cord percent during that time. No comparable de- I also thank my own staff who assisted crease in the national rate of substance me in forging this bill. Kim Lipsky and Injury Center,’’ passed by the House on June 26, 2008; H.R. 5729, to provide comprehensive abuse has been observed during that time. (5) While some facilities of the Veterans Alex Sardegna heard the needs of vet- health care to children of Vietnam veterans Health Administration provide exemplary erans, sought creative solutions to born with Spina Bifida, and for other pur- substance use disorder treatment services, some very complex problems, and poses, passed by the House on May 20, 2008; the availability of such treatment services worked tirelessly to make this bill a H.R. 6445, to prohibit the Secretary of Vet- throughout the health care system of the erans Affairs from collecting certain copay- reality. Veterans Health Administration is incon- ments from veterans who are catastroph- In closing, I thank Mary Kaye and sistent. Tony Bailey, who set aside their own ically disabled, and for other purposes, (6) According to the Government Account- grief about Justin and fought for better passed by the House on July 30, 2008; H.R. ability Office, the Department of Veterans 6832, to authorize major medical facility Affairs significantly reduced its substance mental health care for all veterans. We projects and major medical facility leases for all owe the Baileys a debt of gratitude use disorder treatment and rehabilitation the Department of Veterans Affairs for fiscal services between 1996 and 2006, and has made for so many reasons. year 2009, to extend certain authorities of I urge all of my colleagues to support little progress since in restoring these serv- the Secretary of Veterans Affairs, and for ices to their pre–1996 levels. swift passage of S. 2162, as amended. It other purposes, passed by the House on Sep- The House bill contained no similar provi- would bring relief, support, and needed tember 11, 2008; S. 2969, to enhance the capac- sion. services to so many veterans and their ity of the Department of Veterans Affairs to The Compromise Agreement contains the families across the country. recruit and retain nurses and other critical Senate provision but modifies finding (6) to I ask unanimous consent to have the health care professionals and for other pur- include the year of the Government Account- poses, which was placed on the Senate legis- Joint Explanatory Statement printed ability report and cites the National Mental lative calendar on September 18, 2008. Health Program Monitoring System report. in the RECORD. The House and Senate Committees on Vet- There being no objection, the mate- Expansion of substance use disorder treatment erans’ Affairs have prepared the following services provided by the Department of Vet- rial was ordered to be printed in the explanation of the compromise bill, S. 2162 erans Affairs (sec. 103) RECORD, as follows: (hereinafter referred to as the ‘‘Compromise The Senate bill contained a provision (sec. JOINT EXPLANATORY STATEMENT FOR S. 2162, Agreement’’). Differences between the provi- sions contained in the Compromise Agree- 302) that would require that the Secretary of VETERANS’ MENTAL HEALTH AND OTHER Veterans Affairs ensure the provision of CARE IMPROVEMENTS ACT OF 2008 ment and the related provisions in the bills listed above are noted in this document, ex- services and treatment to each veteran en- The ‘‘Veterans’ Mental Health and Other cept for clerical corrections and conforming rolled in the health care system of the De- Care Improvements Act of 2008’’ reflects a changes made necessary by the Compromise partment who is in need of services and compromise agreement that the Senate and Agreement, and minor drafting, technical, treatments for a substance use disorder, and House of Representatives’ Committees on and clarifying changes. the bill included a specific list of services. Veterans’ Affairs reached on certain provi- The Senate bill would also authorize that sions of a number of bills considered by the TITLE I—SUBSTANCE USE DISORDERS AND the services and treatments may be provided House and Senate during the 110th Congress, MENTAL HEALTH CARE to a veteran: (1) at Department of Veterans including: S. 2162, to improve the treatment Tribute to Justin Bailey (sec. 101) Affairs medical centers or clinics; (2) by re- and services provided by the Department of The Senate bill contained a provision (sec. ferral to other facilities of the Department Veterans Affairs to veterans with post-trau- 306) to specify that this title is enacted in that are accessible to such veteran; or (3) by matic stress disorder and substance use dis- tribute to Justin Bailey, who, after return- contract or fee-for-service payments with orders, and for other purposes, passed by the ing to the United States from service as community-based organizations for the pro- Senate on June 3, 2008 [hereinafter, ‘‘Senate member of the Armed Forces in Operation vision of such services and treatments. Bill’’]; H.R. 5554, to expand and improve Iraqi Freedom, died in a domiciliary facility The House bill contained a similar provi- health care services available to veterans of the Department of Veterans Affairs while sion (sec. 2) that would require the Secretary from the Department of Veterans Affairs for receiving care for post-traumatic stress dis- to provide a full continuum of care for sub- substance use disorders, and for other pur- order and a substance use disorder. stance use disorders to veterans in need of poses, passed by the House on May 20, 2008 Section 6 of the House bill contained the such care and included a specific list of serv- [hereinafter, ‘‘House Bill’’]; S. 1233, to pro- identical provision. ices, including three services not included in

VerDate Aug 31 2005 04:49 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.042 S02OCPT1 rfrederick on PROD1PC67 with SENATE October 2, 2008 CONGRESSIONAL RECORD — SENATE S10441 the Senate bill: marital and family coun- The Compromise Agreement contains the The House bill contained no similar provi- seling, screening for substance use disorders, House provision. sion. and coordination with groups providing peer Report on residential mental health care facili- The Compromise Agreement contains the to peer counseling. The House bill (sec. 3) ties of the Veterans Health Administration Senate provision. would also require the Secretary to ensure (sec. 106) Extension of authorization for Special Com- that the amounts made available for care, The Senate bill contained a provision (sec. mittee on Post-Traumatic Stress Disorder treatment, and services are allocated evenly 305) that would require the Secretary of Vet- (sec. 202) throughout the system, including an annual erans Affairs, acting through the Office of The Senate bill contained a provision (sec. reporting requirement. The Compromise Agreement includes the Mental Health Services of the Department of 502) that would modify section 110(e)(2) of the listing of substance use disorder services in- Veterans Affairs, not later than six months Veterans’ Health Care Act of 1984, P.L. 98– cluded in both the Senate and House bills, after the date of the enactment of this Act, 528, to extend the reporting requirement for and follows the Senate bill with respect to conduct a review of all residential mental the Special Committee on Post-Traumatic the locations of where services would be pro- health care facilities, including domiciliary Stress Disorder. Currently, the reporting re- vided. The Compromise Agreement follows facilities, of the Veterans Health Adminis- quirement is set to expire in 2008; this provi- the House bill with respect to ensuring the tration; and not later than two years after sion would extend it through 2012. equitable distribution of resources for sub- the date of the completion of the first review Section 209 of H.R. 6832 contained an iden- stance abuse services but does not include conduct a follow-up review of such facilities tical provision. the annual reporting requirement. to evaluate any improvements made or prob- The Compromise Agreement contains the Care for veterans with mental health and sub- lems remaining since the first review was provision. stance use disorders (sec. 104) completed. Not later than 90 days after the TITLE III—ASSISTANCE FOR FAMILIES OF completion of the first review, the Secretary VETERANS The Senate bill contained a provision (sec. would be required to submit to the Com- Clarification of authority of Secretary of Vet- 303) that would ensure that if the Secretary mittee on Veterans’ Affairs of the Senate of Veterans Affairs provides a veteran inpa- erans Affairs to provide mental health serv- and the Committee on Veterans’ Affairs of tient or outpatient care for a substance use ices to families of veterans (sec. 301) the House of Representatives a report on disorder and a comorbid mental health dis- such review. The Senate bill contained a provision (sec. order, that the treatment for such disorders The House bill (sec. 5) contained a similar 601) that would amend section 1701(5)(B) of be provided concurrently: (1) through a serv- provision, except there was no provision for title 38, United States Code, to clarify the ice provided by a clinician or health profes- a two-year follow-up review, and the six authority of the Secretary of Veterans Af- sional who has training and expertise in month review would be carried out by the Of- fairs to provide mental health services to treatment of substance use disorders and fice of the Medical Inspector. families of veterans. mental health disorders; (2) by separate sub- The Compromise Agreement includes the Section 3 of H.R. 6445 contained a provision stance use disorder and mental health dis- Senate provision which specifies the two- that would modify section 1782(b) of title 38 order treatment services when there is ap- year follow-up review, but would have the In- so as to eliminate the requirement that fam- propriate coordination, collaboration, and spector General carry out the reviews. ily support services be initiated during the care management between such treatment Pilot program on peer outreach and support for veteran’s hospitalization and deemed essen- services; or (3) by a team of clinicians with veterans and use of community mental tial to permit the veteran’s discharge. appropriate expertise. The Compromise Agreement follows the The House bill contained no similar provi- health centers and Indian Health Service facilities (sec. 107) House bill with respect to the provision sion. eliminating the need for services to be initi- The Compromise Agreement contains the The Senate bill contained a provision (sec. ated during a veteran’s hospitalization and Senate provision. 401) that would require the Secretary of Vet- essential to the veteran’s discharge, but fol- Pilot program for Internet-based substance use erans Affairs to carry out a pilot program to lows the Senate bill with respect to the pro- disorder treatment for veterans of Operation assess the feasibility and advisability of pro- vision to clarify the authority of the Sec- Iraqi Freedom and Operation Enduring viding the following to veterans of OIF/OEF retary of Veterans Affairs to provide mental Freedom (sec. 105) in at least two Veterans Integrated Service health services to families. The House bill contained a provision (sec. Networks: (1) peer outreach services; (2) peer support services provided by licensed pro- Pilot program on provision of readjustment and 4) that would express the sense of the Con- transition assistance to veterans and their gress that: viders of peer support services or veterans who have personal experience with mental families in cooperation with Vet Centers (1) Stigma associated with seeking treat- (sec. 302) ment for mental health disorders has been illness; (3) readjustment counseling services; demonstrated to prevent some veterans from and other mental health services. Services The Senate bill contained a provision (sec. seeking such treatment at a medical facility would be provided through community men- 402) that would establish a pilot program to operated by the Department of Defense or tal health centers or other entities under assess the feasibility and advisability of pro- the Department of Veterans Affairs. contracts or other agreements and through viding additional readjustment and transi- (2) There is a significant incidence among the Indian Health Service pursuant to a tion assistance to veterans and their families veterans of post-deployment mental health memorandum of understanding entered into in cooperation with Readjustment Coun- problems, especially among members of a re- by the Secretary of Veterans Affairs and the seling Centers. The pilot would be similar to serve component who return as veterans to Secretary of Health and Human Services. family assistance programs previously con- civilian life. Section 6 of H.R. 2874 required the Sec- ducted at ten Army facilities around the (3) Computer-based self-guided training has retary to carry out a program to provide country. been demonstrated to be an effective strat- peer outreach services, peer support services, The House bill contained no similar provi- egy for supplementing the care of psycho- and readjustment and mental health services sion. logical conditions. to covered veterans. This provision was not a The Compromise Agreement contains the (4) Younger veterans, especially those who pilot program and did not provide for the Senate provision with an amendment to served in Operation Enduring Freedom or means to collaborate with the Indian Health begin the pilot program no later than 180 Operation Iraqi Freedom, are comfortable Service. days after the enactment of the Act. with and proficient at computer-based tech- The Compromise Agreement contains the TITLE IV—HEALTH CARE MATTERS nology. Senate provision with an amendment that Veterans beneficiary travel program (sec. 401) (5) Veterans living in rural areas find ac- would authorize at least three pilot sites. The Senate bill contained a provision (sec. cess to treatment for substance use disorder TITLE II—MENTAL HEALTH RESEARCH limited. 101) that would direct the Secretary to reim- (6) Self-assessment and treatment options Research program on comorbid post-traumatic burse qualifying veterans at the rate author- for substance use disorders through an Inter- stress disorder and substance use disorders ized for Government employees under sec- net website may reduce stigma and provides (sec. 201) tion 5707(b) of title 5. The Senate provision additional access for individuals seeking The Senate bill contained a provision (sec. would also strike a provision that allows the care and treatment for such disorders. 501) that would require the Secretary of Vet- Secretary to raise or lower the deductible for This provision would also require the Sec- erans Affairs to carry out a program of re- reimbursements in proportion to a change in retary of Veterans Affairs to carry out a search into comorbid post-traumatic stress the mileage rate. Finally, the Senate provi- pilot program to test the feasibility and ad- disorder (PTSD) and substance use disorder. sion would reinstate the amount of the de- visability of providing veterans who seek This research program shall be carried out ductible for the beneficiary travel reim- treatment for substance use disorders access by the National Center for Posttraumatic bursement program to the amount in effect to a computer-based self-assessment, edu- Stress Disorder. In carrying out the pro- prior to the Secretary’s February 1, 2008, de- cation, and specified treatment program gram, the Center shall: (1) develop protocols cision on beneficiary travel. through a secure Internet website operated and goals with respect to research under the The House bill contained no similar provi- by the Secretary. program; and (2) coordinate research, data sion. The Senate bill contained no similar provi- collection, and data dissemination under the The Compromise Agreement contains the sion. program. Senate provision.

VerDate Aug 31 2005 04:49 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.118 S02OCPT1 rfrederick on PROD1PC67 with SENATE S10442 CONGRESSIONAL RECORD — SENATE October 2, 2008 Mandatory reimbursement of veterans receiving excellence. Not less than two of these cen- The Compromise Agreement contains the emergency treatment in non-department of ters shall be collocated with centers des- provision. veterans affairs facilities until transfer to ignated under 7327 of title 38. TITLE V—PAIN CARE department facilities (sec. 402) Establishment of qualifications for peer spe- Comprehensive policy on pain management (sec. The Senate bill contained a provision that cialist appointees (sec. 405) 501) would amend section 1725 of title 38 in sub- The Senate bill contained a provision (sec. The Senate bill contained a provision (sec. sections (a)(1) and (f)(1). Subsection (a)(1) 104) that would amend section 7402(b) of title 201) that would require the Secretary of Vet- would be amended by replacing ‘‘may reim- 38 so as to define qualifications for peer spe- erans Affairs to develop and implement a burse’’ with ‘‘shall reimburse.’’ This change cialist positions employed by the Veterans comprehensive policy on the management of would make reimbursement for emergency Health Administration. Specifically, in order pain experienced by veterans enrolled for VA care received at non-VA facilities mandatory to be eligible to be appointed to a peer spe- health care services no later than October 1, for eligible veterans, rather than at the dis- cialist position, a person must be a veteran 2008. cretion of the Secretary. Subsection (f)(1) who has recovered or is recovering from a The policy would be required to cover the would be amended to provide greater speci- mental health condition; and be certified by following: the Department-wide management ficity regarding the termination of VA’s ob- a not-for-profit entity engaged in peer spe- of acute and chronic pain experienced by vet- ligation to reimburse. The Senate bill would cialist training by having met such criteria erans; the standard of care for pain manage- also amend section 1728 of title 38 so as to as the Secretary shall establish for a peer ment to be used throughout the Department; make that section, which relates to reim- specialist position; or a State by having sat- the consistent application of pain assess- bursement for the emergency treatment of isfied relevant State requirements for a peer ments to be used throughout the Depart- service-connected conditions, consistent specialist position. The Senate bill would ment; the assurance of prompt and appro- with section 1725, as amended. Thus, reim- also amend section 7402 of title 38 so as to priate pain care treatment and management bursement would also be made mandatory add a new subsection providing authority for by the Department, system-wide, when medi- under Section 1728. The existing criteria, de- the Secretary to enter into contracts with cally necessary; Department programs of re- fining veteran eligibility for reimbursement not-for-profit entities to provide peer spe- search related to acute and chronic pain suf- for emergency care services, would be car- cialist training to veterans and certification fered by veterans, including pain attrib- ried over in the revised statutory language. for veterans. utable to central and peripheral nervous sys- In addition, the Senate bill would further The House bill contained no similar provi- tem damage characteristic of injuries in- amend section 1728 so as to strike the phrase sion. curred in modern warfare; Department pro- ‘‘care and services’’ in current subsection (b) The Compromise Agreement contains the grams of pain care education and training of section 1728, and replace that phrase with Senate provision. for health care personnel of the Department; ‘‘emergency treatment.’’ This proposed and Department programs of patient edu- Establishment of consolidated patient account- cation for veterans suffering from acute or change is designed to promote consistency ing centers (sec. 406) between sections 1725 and 1728. chronic pain and their families. H.R. 3819 contained similar provisions. Section 5 of H.R. 6445 contained a provision Section 4 of H.R. 6445 contained identical The Compromise Agreement contains these that would amend chapter 17 of title 38 to in- provisions. The Compromise Agreement contains the provisions. sert a new section mandating that not later than 5 years after the date of enactment of provisions, but would require the Secretary Pilot program of enhanced contract care author- this bill, the Secretary of Veterans Affairs of Veterans Affairs to develop and imple- ity for health care needs of veterans in shall establish not more than seven consoli- ment a comprehensive policy on pain man- highly rural areas (sec. 403) dated patient accounting centers for con- agement no later than October 1, 2009. H.R. 1527 (sec. 2) would require the Sec- ducting industry-modeled regionalized bill- TITLE VI—HOMELESS VETERANS MATTERS retary to conduct a pilot program which per- ing and collection activities of the Depart- Increase in authorization of appropriations for mits highly rural veterans who are enrolled ment. the Homeless Grant and Per Diem Program in the system of patient enrollment estab- The Senate bill contained no comparable (sec. 601) lished under section 1705(a) of title 38, and provision. Section 506 of S. 2969 would amend section who reside in Veterans Integrated Service The Compromise Agreement contains the 2013 of title 38, to increase the authorization Networks (VISNs) 1, 15, 18, and 19, to elect to House provision. of appropriations for the Homeless Grant and receive covered health services for which Repeal of limitation on authority to conduct Per Diem Program from $130 million to $200 such veterans are eligible, through a non-De- widespread HIV testing program (sec. 407) million. partment health care provider. Section 217 of S. 2969 would repeal section The House bill contained no comparable The Senate bill contained no similar provi- provision. sion. 124 of Public Law 100–322, which permits VA to test a patient for HIV infection only if the The Compromise Agreement contains the The Compromise Agreement follows the Senate provision but changes the authoriza- veteran receives pre-test counseling and pro- House bill, with an amendment that specifies tion amount to $150 million. that the pilot program will be carried out in vides written informed consent for such test- ing. Eliminating this section from the law Expansion and extension of authority for pro- 5 VISNs, four of which shall include at least gram of referral and counseling services for three highly rural counties (as determined would bring VA’s statutory HIV testing re- quirements in line with current guidelines at-risk veterans transitioning from certain by the Secretary based upon the most recent institutions (sec. 602) census data), and one of which shall include issued by the Centers of Disease Control and Section 403 of S. 1233 would amend section one highly rural county. All VISNs selected Prevention. Section 6 of H.R. 6445 contained an iden- 2023 of title 38 so as to extend and expand the must include an area within the borders of at authority for a program to aid incarcerated least four states, and not be already partici- tical provision. The Compromise Agreement contains the veterans in their transition back to civilian pating in Project HERO. Eligibility for par- life. The program would be extended until ticipation in the pilot program would be lim- provision. Provision of comprehensive health care by Sec- September 30, 2011, and would be expanded ited to those veterans already enrolled in the from six to twelve sites. retary of Veterans Affairs to children of VA health care system at the time of com- Section 7 of H.R. 2874 contained identical Vietnam veterans born with spina bifida mencement of the program, as well as OIF/ provisions. OEF veterans who are eligible for VA health (sec. 408) The Compromise Agreement contains the care under section 1710(e)(3)(C) of title 38. H.R. 5729 would amend section 1803(a) of provision, but would extend the program Epilepsy centers of excellence (sec. 404) title 38 so as to expand the existing VA until September 30, 2012. The Senate bill contained a provision (sec. Spina Bifida Health Care Program and pro- Permanent authority for domiciliary services for 103) that would require that the Secretary, vide a comprehensive health benefit to bene- homeless veterans and enhancement of ca- upon the recommendation of the Under Sec- ficiaries. pacity of domiciliary care programs for fe- The Senate bill contained no comparable retary for Health, to designate not less than male veterans (sec. 603) provision. six Department health care facilities as loca- Section 405 of S. 1233 would amend section The Compromise Agreement contains the tions for epilepsy centers of excellence. 2043 of title 38 to make permanent an exist- House provision. H.R. 2818 (sec. 2) would require the Sec- ing authority to expand domiciliary care for retary to designate an epilepsy center of ex- Exemption from copayment requirement for vet- homeless women veterans. cellence at each of the 5 centers designated erans receiving hospice care (sec. 409) Section 8 of H.R. 2874 contained identical under section 7327 of title 38 (Centers for re- Section 309 of S. 1233 would amend section provisions. search, education, and clinical activities on 1710 of title 38 so as to exempt hospice care The Compromise Agreement contains the complex multi-trauma associated with com- provided in all settings from the copayment provisions. bat injuries). requirement for VA long-term care. Under Financial assistance for supportive services for The Compromise Agreement specifies that current law, only hospice care provided in a very-low income veteran families in perma- Secretary shall designate at least four but VA nursing home is exempted from copay- nent housing (sec. 604) not more than six Department health care ment. Section 406 of S. 1233 would amend title 38 facilities as locations for epilepsy centers of H.R. 2623 contained a similar provision. so as to add a new section 2044, relating to

VerDate Aug 31 2005 06:33 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.120 S02OCPT1 rfrederick on PROD1PC67 with SENATE October 2, 2008 CONGRESSIONAL RECORD — SENATE S10443 supportive services for very low-income vet- Authorization of fiscal year 2009 major medical Report on facilities administration (sec. 707) erans and their families occupying perma- facility leases (sec. 703) Section 106 of H.R. 6832 would require the nent housing. Proposed new section 2044 Section 703 of S. 2969 would authorize fiscal Secretary of Veterans Affairs to submit a re- would direct VA to provide grants to eligible year 2009 major medical facility leases as fol- port on facilities administration no later entities to provide and coordinate the provi- lows: $4,326,000 for an outpatient clinic in than 60 days after the date of the enactment sion of a comprehensive range of supportive Brandon, Florida; $10,300,000 for a commu- of this section. services for very low-income veteran fami- nity-based outpatient clinic in Colorado S. 2969 contained no comparable provision. lies occupying permanent housing, including Springs, Colorado; $5,826,000 for an out- The Compromise Agreement includes the those transitioning from homelessness to patient clinic in Eugene, Oregon;. $5,891,000 House provision. such housing. to expand an outpatient clinic Green Bay, Annual report on outpatient clinics (sec. 708) Those families may be occupying perma- Wisconsin; $3,731,000 for an outpatient clinic Section 107 of H.R. 6832 would require an nent housing, moving into permanent hous- in Greenville, South Carolina; $2,212,000 for a annual report on outpatient report no later ing within 90 days, or moving from one per- community-based outpatient clinic in Mans- than the date on which the budget for the manent residence to another to better suit field, Ohio; $6,276,000 for a satellite out- next fiscal year is submitted to the Congress their needs. Entities eligible to receive patient clinic in Mayaguez, Puerto Rico; under section 1105 of title 31. grants under this provision are public or pri- $5,106,000 for a community-based outpatient S. 2969 contained no comparable provision. vate non-profit organizations which have clinic in Southeast Phoenix, Mesa, Arizona; The Compromise Agreement includes the demonstrated the capacity and experience $8,636,000 for interim research space in Palo House provision. necessary to deliver the services outlined in Alto, California; $3,168,000 to expand a com- Name of Department of Veterans Affairs spinal the proposed new section. Under the provi- munity-based outpatient clinic in Savannah, cord injury center, Tampa, Florida (sec. 709) sions of the proposed new section 2044, grants Georgia; $2,295,000 for a community-based H.R. 4264 would name the VA spinal cord would be provided for a wide range of serv- outpatient clinic in Northwest Phoenix, Sun injury center in Tampa, Florida, ‘‘Michael ices, so as to give families a broad set of City, Arizona; and $8,652,000 for a primary Bilirakis Department of Veterans Affairs tools to maintain a permanent residence. To care annex in Tampa, Florida. Spinal Cord Injury Center.’’ this end, providers could receive grants to Section 102 of H.R. 6832 included the same S. 2969 contained no comparable provision. furnish outreach, case management, assist- provisions, except that it provided $3,995,000 The Compromise Agreement includes the ance in obtaining and coordinating VA bene- for Colorado Springs. House provision. fits, and assistance in obtaining and coordi- The Compromise Agreement includes the nating other public benefits provided by fed- Senate provisions. TITLE VIII—EXTENSION OF CERTAIN AUTHORITIES eral, state, or local agencies or organiza- Authorization of appropriations (sec. 704) tions. Repeal of sunset on inclusion of non-institu- Section 704 of S. 2969 would authorize for Section 9 of H.R. 2874 contained similar tional extended care services in definition of appropriations: $477,700,000 for the aforemen- medical services (sec. 801) provisions but provided a more expansive list tioned list of major medical facility projects Section 201 of S. 2969 would amend section of supportive services, and authorized for ap- authorized for fiscal year 2009. $625,000,000 for 1701 of title 38 to repeal the December 31, propriations a different funding level. the aforementioned list of major medical fa- 2008, sunset on the inclusion of non-institu- The Compromise Agreement contains the cility construction projects previously au- tional extended care services in the defini- Senate provision. thorized; $66,419,000 for the aforementioned tion of medical services. TITLE VII—AUTHORIZATION OF MEDICAL FACIL- list of major facility leases authorized for Sec. 201 of H.R. 6832 contained an identical ITY PROJECTS AND MAJOR MEDICAL FACILITY fiscal year 2009. provision. S. 2969 also identified funding sources LEASES The Compromise Agreement contains the which may be used to carry out major med- Authorization for fiscal year 2009 major medical provision. facility projects (sec. 701) ical facility projects authorized for fiscal year 2009 and for those projects previously Extension of recovery audit authority (sec. 802) Section 701 of S. 2969 would authorize: authorized. Section 202 of S. 2969 would amend section $54,000,000 to construct a facility to replace a Section 105 of H.R. 6832 would authorize for 1703(d)(4) of title 38 to extend the recovery seismically unsafe acute psychiatric inpa- appropriations: $345,900,000 for the aforemen- audit authority for fee-basis contracts and tient building in Palo Alto, California; tioned list of major medical facility projects other medical services contracts in non-VA $131,800,000 for an outpatient clinic in Lee authorized for fiscal year 2009; $1,694,295,000 facilities from September 30, 2008, to Sep- County, Florida; $225,900,000 to make seismic for the aforementioned list of major medical tember 30, 2013. corrections at a VA Medical Center in San facility construction projects previously au- Sec. 202 of H.R. 6832 contained an identical Juan, Puerto Rico; and $66,000,000 to con- thorized; $54,475,000 for the aforementioned provision. struct a state-of-the-art polytrauma health list of major facility leases authorized for The Compromise Agreement contains the care and rehabilitation center in San Anto- fiscal year 2009. provision. nio, Texas. The Compromise Agreement includes the Permanent authority for provision of hospital Section 101 of H.R. 6832 contained the same House provision, with amendments to pro- care, medical services, and nursing home provisions, except for Lee County, Florida. vide $1,493,495,000 for major facility construc- care to veterans who participated in certain Instead, H.R. 6832 authorizes the Lee County tion projects previously authorized and chemical and biological testing conducted project under a different section. $70,019,000 for major facility leases author- by the Department of Defense (sec. 803) The Compromise Agreement contains the ized for fiscal year 2009. The Agreement also Section 203 of S. 2969 would amend sub- House provision. includes the provision in S. 2969 on allowable section (e)(3) of section 1710 of title 38 to pro- Modification of authorization amounts for cer- funding sources to carry out major medical vide permanent authority for the provision tain major medical facility construction facility projects. of hospital care, medical services, and nurs- projects previously authorized (sec. 702) Increase in threshold for major medical facility ing home care to veterans who participated in certain chemical and biological testing Section 702 of S. 2969 would modify pre- leases requiring congressional approval (sec. conducted by the Department of Defense. vious authorizations by providing $625,000,000 705) Section 203 of H.R. 6832 contained an iden- for restoration, new construction, or replace- Section 705 of S. 2969 would increase the tical provision. ment of the medical care facility for the VA threshold for major medical facility leases The Compromise Agreement contains the Medical Center at New Orleans, Louisiana. requiring Congressional approval from provision. Section 102 of H.R. 6832 contained the same $600,000 to $1,000,000. provisions and the following additional pro- H.R. 6832 contained no comparable provi- Extension of expiring collections authorities visions: $769,200,000 for the replacement of sion. (sec. 804) the VA Medical Center at Denver, Colorado; The Compromise Agreement contains the S. 2969 contained no comparable provision. $131,800,000 for an outpatient clinic in Lee Senate provision. Section 204 of H.R. 6832 would extend the County, Florida; $136,700,000 to correct pa- Conveyance of certain non-Federal land by city expiring collections authorities for the fol- tient privacy deficiencies at the VA Medical of Aurora, Colorado, to Secretary of Vet- lowing: a) amend section 1710(f)(2)(B) of title Center in Gainesville, Florida; $600,400,000 to erans Affairs for construction of veterans 38 to extend health care copayments from build a new VA Medical Center in Las Vegas, medical facility (sec. 706) September 30, 2008, under current law, to Nevada; $656,800,000 to build a new medical Section 706 of S. 2969 would allow the city September 30, 2010; and b) amend section 1729 center in Orlando, Florida; and $295,600,000 to of Aurora to donate non-Federal land for use (a)(2)(E) of title 38 to extend the medical consolidate the campuses at the University by the Secretary of Veterans Affairs no later care cost recovery from October 1, 2008, to Drive and H. John Heinz III Divisions in than 60 days after the enactment of this sec- October 1, 2010. The Compromise Agreement contains the Pittsburgh, Pennsylvania. tion. The Compromise Agreement contains the H.R. 6832 contained no comparable provi- House provision. House provision with an amendment to pro- sion. Extension of nursing home care (sec. 805) vide $568,000,000 for the replacement of the The Compromise Agreement contains the Section 202 of S. 2969 would amend 1710A(d) VA Medical Center at Denver, Colorado. Senate provision. of title 38 to provide nursing home care to

VerDate Aug 31 2005 05:14 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.122 S02OCPT1 rfrederick on PROD1PC67 with SENATE S10444 CONGRESSIONAL RECORD — SENATE October 2, 2008 veterans with service-connected disability, the House committee for their coopera- Mortgage Corporation Act for a single- which expires on December 31, 2008, to De- tion on this legislation. I also thank family residence, as adjusted for the cember 31, 2013. my good friend, the committee’s rank- year involved. Section 205 of H.R. 6832 contained an iden- ing member, Senator BURR, for his co- The Economic Stimulus Act of 2008, tical provision. Public Law 110–185, temporarily reset The Compromise Agreement contains the operation as we have developed this provision. bill. the maximum limits on home loans that the Federal Housing Administra- Permanent authority to establish research cor- This omnibus veterans’ benefits bill porations (sec. 806) will provide much needed support to tion may insure and that Fannie Mae and Freddie Mac may purchase on the Section 607 of S. 2969 would strike section our Nation’s veterans. It contains pro- 7368 of title 38 to provide permanent author- visions that are designed to enhance secondary market to 125 percent of ity to establish research corporations. compensation, claims processing, hous- metropolitan-area median home prices Section 207 of H.R. 6832 contained an iden- ing, labor and education and insurance but did so without reference to the VA tical provision. benefits for veterans. A full expla- home loan program. This had the effect The Compromise Agreement contains the nation of the Senate and House nego- of raising the Fannie Mae, Freddie provision. tiated agreement can be found in the Mac, and FHA limits to nearly $730,000, Extension of requirement to submit annual re- Joint Explanatory Statement, which I in the highest cost areas, while leaving port on the committee on care of severely will ask appear in the RECORD at the the then-VA limit of $417,000 in place. chronically mentally ill veterans (sec. 807) conclusion of my remarks. On July 30, 2008, the Housing and Eco- Section 210 of H.R. 6832 would amend sec- I will highlight a few of the provi- nomic Recovery Act of 2008 was signed tion 7321(d)(2) of title 38 to extend the re- sions that I have sponsored in the leg- into law as Public Law 110–289. That quirement to submit an annual report on the islation that is before us today. law provided a temporary increase in committee on care of severely chronically the maximum guaranty amount for VA mentally ill veterans through 2012. This legislation would result in im- S. 2969 contained no comparable provision. proved notices being sent to veterans loans originated from July 30, 2008 The Compromise Agreement contains the concerning their claims for VA bene- through December 31, 2008, to the same House provision. fits. Following a number of decisions level as provided in the stimulus act. Permanent requirement for biannual report on by the U.S. Court of Appeals for Vet- The compromise agreement would women’s advisory committee (sec. 808) erans Claims and the U.S. Court of Ap- extend the temporary increase in the Section 211 of H.R. 6832 would amend sec- peals for the Federal Circuit, VA’s no- maximum guaranty amount until De- tion 542(c)(1) of title 38 to provide for a per- tification letters to veterans about the cember 31, 2011. This would enable manent requirement for a biannual report by status of their claims have become in- more veterans to utilize their VA ben- the women’s advisory committee on the creasingly long, complex, and difficult efit to purchase more costly homes. needs of women veterans including com- to understand. These notification let- The compromise agreement would pensation, health care, rehabilitation, out- ters must be simplified, as veterans, also increase the maximum guaranty reach, and other benefits and programs ad- limit for refinance loans and increase ministered by the VA. VA, veterans’ advocates, and outside review bodies have all recommended. the percentage of an existing loan that S. 2969 contained no comparable provision. VA will refinance under the VA home The Compromise Agreement contains the The notices should focus on the specific loan program. House provision. type of claim presented. They should Under current law, the maximum VA use plain and ordinary language rather Extension of pilot program on improvement of home loan guaranty limit for most caregiver assistance services (sec. 809) than bureaucratic jargon. Veterans loans in excess of $144,000 is equal to 25 Section 222 of S. 2969 would extend the should not be subjected to confusing percent of the Freddie Mac conforming pilot program on improvement of caregiver information as they seek benefits. loan limit for a single-family home. assistance services for a three-year period To further improve the VA com- Public Law 110–289 set this value at ap- through fiscal year 2009. pensation system, this legislation proximately $182,437 through the end of H.R. 6832 contained no comparable provi- would end the prohibition on judicial 2008. This means lenders offering loans sion. review in the U.S. Court of Appeals for The Compromise Agreement includes the of up to $729,750 will receive up to a 25- Senate provision. the Federal Circuit of matters con- percent guaranty, which is typically cerning the VA rating schedule. VA TITLE IX—OTHER MATTERS required to place the loan on the sec- issues regulations which are used to as- Technical amendments (sec. 901) ondary market. Under current law, this sign ratings to veterans for particular does not include regular refinance Section 303 of H.R. 6832 would provide for disabilities. Under current law, actions technical amendments for the following sec- loans. tions of title 38: 1712A; 2065(b)(3)(C); concerning the rating schedule are not Current law limits to $36,000 the 4110(c)(1); 7458(b)(2); 8117(a)(1); 1708(d); 7314(f); subject to judicial review unless a con- guaranty that can be used for a regular 7320(j)(2); 7325(i)(2); and 7328(i)(2). It also stitutional challenge is presented. This refinance loan. This restriction means would provide for technical amendments to legislation would amend the law to VA will not guarantee a regular refi- the table of sections at the beginning of treat actions concerning the rating nance loan over $144,000, essentially chapter 36 and chapter 51, as well as amend schedule in the same manner as all precluding a veteran from using the VA section 807(e) of the Veterans Benefits, other actions concerning VA regula- Health Care, and Information Technology program to refinance his or her exist- tions. ing FHA or conventional loan in excess Act of 2006 (Public Law 109–461) to replace I expect VA to comply with all laws the phrase ‘‘Medical Care’’ with ‘‘Medical of that amount. Facilities’’. passed by Congress in developing and VA is also currently precluded from S. 2969 contained no comparable provision. revising the rating schedule. However, refinancing a loan if the homeowner The Compromise Agreement contains the justice to our Nation’s veterans re- does not have at least 10 percent equity House provision. quires that actions concerning the rat- in his or her home. f ing schedule be subject to the same ju- The compromise agreement would re- dicial scrutiny as is available for the move the equity requirement for refi- VETERANS’ BENEFITS review of actions involving other regu- nancing from an FHA loan or conven- IMPROVEMENT ACT OF 2008 lations. tional loan to a VA-guaranteed loan. Mr. AKAKA. Mr. President, I am VA’s Home Loan Guaranty Program This would allow more veterans to use pleased that the Senate is acting on S. may exempt homeowners from having their VA benefit to refinance their 3023, as amended, the proposed Vet- to make a downpayment or secure pri- mortgages. Many veterans do not have erans’ Benefits Improvement Act of vate mortgage insurance, depending on 10 percent equity and thus are pre- 2008, as passed by the House of Rep- the size of the loan and the amount of cluded from refinancing with a VA- resentatives earlier this week. The bill, the VA guaranty. guaranteed home loan. as it comes before the Senate, is a com- Public Law 108–454 increased VA’s Given the anticipated number of non- promise agreement developed with our maximum guaranty amount to 25 per- VA-guaranteed adjustable rate mort- counterparts on the House Committee cent of the Freddie Mac conforming gages that are approaching the reset on Veterans’ Affairs. I thank Chairman loan limit determined under section time when payments are likely to in- FILNER and Ranking Member BUYER of 305(a)(2) of the Federal Home Loan crease, the committee believes that it

VerDate Aug 31 2005 05:14 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.125 S02OCPT1 rfrederick on PROD1PC67 with SENATE October 2, 2008 CONGRESSIONAL RECORD — SENATE S10445 is prudent to facilitate veterans refi- Kevin Tewes from the minority staff on Act (VCAA). The regulations required by S. nancing to VA-guaranteed loans. In the Senate Committee. I also thank 3023 would provide that the notice specify for light of today’s housing and home loan the majority staff who assisted me in each type of claim for benefits the general crises, additional refinancing options developing the compromise agreement information and evidence required to sub- stantiate the claim. The regulations would will help some veterans bridge finan- and all the legislation that led up to it. specify different content of the notices de- cial gaps and allow them to stay in Patrick McGreevy, Mary Ellen McCar- pending on the type of claim concerned, their homes and escape possible fore- thy, Ted Pusey, Babette Polzer, and whether it be an original claim, a claim for closures. These provisions would allow Dahlia Melendrez have worked reopening, or a claim for increase in bene- more qualified veterans to refinance throughout the 110th Congress on many fits. The Senate bill would provide authority their home loans under the VA pro- of the provisions included in this legis- for additional or alternative content for no- gram. lation, and I am pleased that our col- tice if appropriate to the particular benefit This omnibus benefits bill would also lective efforts have led to this com- or services sought under the claim. The regu- make crucial updates to the Uniformed lations would also be required to include in promise agreement becoming a reality. the notice the time period within which such Services Employment and Reemploy- I urge our colleagues to support this information and evidence must be sub- ment Rights Act, which protects serv- important legislation that would ben- mitted. The provision would be applicable ice members’ rights to return to their efit many of this Nation’s nearly 24 only to notices which would be sent on or prior jobs with the same wages and million veterans and their families. after the date the regulations are effective. benefits. The provisions in the com- Mr. President, I ask unanimous con- House Bill mittee bill are derived from S. 2471, the sent to have the Joint Explanatory proposed USERRA Enforcement Im- Statement, which was developed with The House Bills contain no comparable provement Act of 2007, which Senator our colleagues in the House, printed in provision. KENNEDY and I introduced on December the RECORD. Compromise Agreement 13, 2007. This legislation would ensure There being no objection, the mate- rial was ordered to be printed in the Section 101 of the Compromise Agreement that Federal agencies assist service generally follows the Senate language. members in a more effective manner by RECORD, as follows: The Committees note that the notice re- requiring the Department of Labor to Joint Explanatory Statement on Amendment to quired by section 5103 applies to all types of Senate Bill, S. 3023, as Amended investigate and refer cases in a more applications for benefits and services. While timely manner and by requiring re- S. 3023, as amended, the Veterans’ Benefits the Committees recognize that veterans ports from the Department of Labor on Improvement Act of 2008, reflects a Com- seeking service-connected compensation are their compliance with the deadlines. promise Agreement reached by the House most likely to receive VCAA notices, the The omnibus benefits bill includes a and Senate Committees on Veterans’ Affairs Compromise Agreement specifically provides provision derived from S. 3000, the pro- (the Committees) on the following bills re- that the notice shall provide that the con- ported during the 110th Congress: H.R. 674; posed Native American Veterans Ac- tent of notices be appropriate to the type of H.R. 3681, as amended; H.R. 3889, as amended; benefits or services sought. The Committees cess Act of 2008, which I introduced on H.R. 4255, as amended; H.R. 5664, as amended; May 8, 2008. This provision is intended intend that the Compromise Agreement H.R. 5892, as amended; H.R. 6221, as amended; would require a notice involving a pension improve VA’s ability to understand and H.R. 6225, as amended, and H.R. 6832 (House claim to have different content than a notice respond to the needs of Native Amer- Bills); S. 1315, as amended; and S. 3023, as concerning a clothing allowance or a claim ican veterans. While Native Americans amended (Senate Bills). for specially adapted housing. H.R. 674 passed the House on July 31, 2008; are more likely to serve in uniform The Committees emphasize that VCAA no- than the general population, many of H.R. 3681, as amended, passed the House on May 20, 2008; H.R. 3889, as amended, passed tices are required only in cases in which ad- them find cultural and geographical the House on May 20, 2008; H.R. 4255, as ditional information or evidence is needed to barriers between themselves and the amended, passed the House on July 31, 2008; substantiate the claim. If the information benefits they earned through service. H.R. 5664, as amended, passed the House on and evidence needed to substantiate the In addition, those returning to tradi- May 20, 2008; H.R. 5892, as amended, passed claim is submitted with the application or tional homelands, especially reserva- the House on July 30, 2008; H.R. 6221, as contained in the claims file, no VCAA notice is required. For example, claims for edu- tion communities, frequently come amended, passed the House on July 31, 2008; H.R. 6225, as amended, passed the House on cation, health care, housing, vocational re- home to dismal job opportunities and habilitation, and burial benefits might con- starved economies. The proposed bill July 31, 2008; H.R. 6832 passed the House on September 11, 2008; S. 1315, as amended, tain sufficient information and evidence to would require a study to help us under- passed the Senate on April 24, 2008, and substantiate the claim without the necessity stand the employment needs of Native passed the House, as amended, on September of a VCAA notice. American veterans and how best to ad- 22, 2008; and S. 3023, as amended, passed the In other respects, the Committees agree dress them. Senate on September 16, 2008. that Senate Report 110–148 contains a full ex- The compromise agreement also in- The Committees have prepared the fol- planation of the provision contained in the cludes provisions derived from legisla- lowing explanation of S. 3023, as further Compromise Agreement. amended, to reflect a Compromise Agree- tion I introduced on April 25, 2007, S. JUDICIAL REVIEW OF ADOPTION AND REVISION 1215, which would update the Special ment between the Committees. Differences between the provisions contained in the BY THE SECRETARY OF VETERANS AFFAIRS OF Unemployment Study required to be Compromise Agreement and the related pro- THE SCHEDULE OF RATINGS FOR DISABILITIES submitted by the Secretary of Labor to visions of the House Bills and the Senate OF VETERANS the Congress by mandating that it Bills are noted in this document, except for Current Law cover veterans of Post 9/11 global oper- clerical corrections, conforming changes ations. It would also require the report made necessary by the Compromise Agree- Under current law, section 502 of title 38, to be submitted on an annual, rather ment, and minor drafting, technical, and judicial review of actions involving VA’s rat- ing schedule for disabilities is prohibited. than a biennial, basis. By updating this clarifying changes. report, Congress will have more data Title I—Compensation and Pension Matters Senate Bill REGULATIONS ON CONTENTS OF NOTICE TO BE available on more recent groups of vet- Section 102 of S. 3023, as amended, would PROVIDED CLAIMANTS BY THE DEPARTMENT erans—those who served and are serv- authorize the United States Court of Appeals OF VETERANS AFFAIRS REGARDING THE SUB- ing in the Post-9/11 global operations. for the Federal Circuit to review VA actions STANTIATION OF CLAIMS This will help with assessments of the relating to the adoption or revision of the needs of current veterans entering the Current Law VA disability rating schedule in the same work force and develop appropriate re- Under current law, the Secretary has gen- manner as other comparable actions of the eral authority to issue regulations. sponses. Secretary are reviewed. Senate Bill Before I close, I recognize and thank House Bill the individuals involved in putting to- Section 101 of S. 3023, as amended, would The House Bills contain no comparable gether this comprehensive measure. amend subsection (a) of section 5103 of title 38, United States Code, to add a new para- provision. Specifically, I thank Kimberly Ross, graph that would require the Department of Compromise Agreement Brian Lawrence, Juan Lara, and Mike Veterans Affairs (VA) to promulgate regula- Brinck from the House committee and tions specifying the content of notices re- Section 102 of the Compromise Agreement Amanda Meredith, Mindi Walker, and quired by the Veterans Claims Assistance follows the Senate language.

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CONFORMING AMENDMENT RELATING TO NON-DE- type of claims adjudication position; and (3) House Bill DUCTIBILITY FROM VETERANS’ DISABILITY a description of the differences, if any, in The House Bills contain no comparable COMPENSATION OF DISABILITY SEVERANCE current patterns of submittal rates for provision. PAY FOR DISABILITIES INCURRED BY MEMBERS claims from various segments of the vet- Compromise Agreement OF THE ARMED FORCES IN COMBAT ZONES erans population, including veterans from Section 106 of the Compromise Agreement Current Law rural and highly rural areas, minority vet- erans, veterans who served in the National follows the Senate language. Section 1212 of title 10 stipulates the Guard or Reserve, and military retirees. Title II—Modernization of Department of amount of severance pay available to mem- House Bill Veterans Affairs Disability Compensation bers of the Armed Forces who separate due System to a disability incurred in the line of duty. The House Bills contain no comparable Section 1646 of the Wounded Warrior Act, provision. Subtitle A—Benefits Matters title XVI of Public Law 110–181, amended sec- Compromise Agreement AUTHORITY FOR TEMPORARY DISABILITY RATINGS tion 1212 to adjust the computation of the Section 104 of the Compromise Agreement amount of such severance pay and to elimi- generally follows the Senate language. The Current Law nate the requirement that severance pay re- Committees acknowledge that it is unrea- Under current law, the Secretary has, ceived by servicemembers for a disability in- sonable to expect states to have exactly the under the Secretary’s general authority, curred in a combat zone be deducted from same average compensation or percentage of issued regulations providing temporary rat- VA compensation. veterans receiving compensation. In deter- ings for veterans with unstabilized medical Section 1161 of title 38 stipulates that the mining whether differences are unaccept- conditions who are recently discharged from deduction of disability severance pay from able, the Committees expect that the Sec- active duty, hospitalized veterans, veterans disability compensation shall be made at a retary would identify those that do not re- undergoing convalescent care, and veterans monthly rate not in excess of the rate of sult from such basis demographic discrep- who are discharged from active duty with a compensation to which the individual would ancies. mental disorder that develops as the result be entitled based on the individual’s dis- of a highly stressful event. ability rating. Section 1161 makes reference EXTENSION OF TEMPORARY AUTHORITY FOR THE to subsection 1212(c) of title 10. However, PERFORMANCE OF MEDICAL DISABILITY EX- House Bill Public Law 110–181 did not include a con- AMINATIONS BY CONTRACT PHYSICIANS Section 109 of H.R. 5892, as amended, would forming amendment to keep section 1161 con- Current Law have provided VA with authority to issue sistent with the changes made to section Public Law 104–275, the Veterans’ Benefits partial ratings and to act in a more expedi- 1212. Improvements Act of 1996, authorized VA to tious manner for claims presenting undis- Senate Bill carry out a pilot program of contract dis- puted severe and very severe injuries and in ability examinations at ten VA regional of- turn provide compensation more quickly Section 104 of S. 3023, as amended, would where the service-connection link is indis- make a conforming amendment, so that sec- fices using amounts available for payment of compensation and pensions. Public Law 108– putable. VA currently possesses the ability tion 1161 of title 38 will be consistent with to issue partial ratings, although this au- section 1212 of title 10. The amendment 183, the Veterans Benefits Act of 2003, pro- vided additional authority to VA, on a time- thority is not expressly stated in statute. would take effect on January 28, 2008, as if it H.R. 5892, as amended, would expressly grant had been included in the Wounded Warrior limited basis, to contract for disability ex- aminations using appropriated funds. This VA that authority and require VA to issue a Act. As a result, the amended section 1161 of partial rating in the instances where a vet- title 38 would reflect the change to section additional authority expires on December 31, 2009. eran has sustained severe injuries (50 percent 1212 of title 10 eliminating the requirement or above) and very severe injuries (100 per- Senate Bill that severance pay for a disability incurred cent) that can be promptly rated, while de- in a combat zone be deducted from disability Section 604 of S. 3023, as amended, would ferring other conditions that may not be compensation from VA. amend section 704(c) of the Veterans Benefits ready to rate. VA and the Department of De- House Bill Act of 2003 (Public Law 108–183) by striking fense (DOD) have defined these conditions, The House Bills contain no comparable ‘‘December 31, 2009’’ and inserting ‘‘Decem- and they include limb amputations, paral- provision. ber 31, 2012.’’ This would extend VA’s author- ysis, traumatic brain injury (TBI), severe ity, through December 31, 2012, to use appro- Compromise Agreement burns, blindness, deafness, along with other priated funds for the purpose of contracting radical injuries. Section 103 of the Compromise Agreement with non-VA providers to conduct disability The House bill also further clarified the follows the Senate language. examinations. language so that VA could rate the indis- REPORT ON PROGRESS OF THE SECRETARY OF House Bill putable injuries based solely on the Depart- VETERANS AFFAIRS IN ADDRESSING CAUSES The House Bills contain no comparable ment of Defense medical records, which FOR VARIANCES IN COMPENSATION PAYMENTS provision. would be extensive for these categories of in- FOR VETERANS FOR SERVICE-CONNECTED DIS- juries. Compromise Agreement ABILITIES Senate Bill Section 105 of the Compromise Agreement Current Law follows the Senate language except that the The Senate Bills contain no comparable There is no applicable provision in current authority extends only until December 31, provision. law. 2010. Compromise Agreement Senate Bill ADDITION OF OSTEOPOROSIS TO DISABILITIES Section 211 of the Compromise Agreement Section 105 of S. 3023, as amended, would PRESUMED TO BE SERVICE-CONNECTED IN would codify the various provisions for tem- require VA to submit a report to Congress FORMER PRISONERS OF WAR WITH POST-TRAU- porary ratings contained in current regula- describing the Department’s progress in ad- MATIC STRESS DISORDER tions. Specifically, the Committees intend to dressing the causes for any unacceptable Current Law provide a specific statutory basis for the reg- variances in compensation payments to vet- ulations currently found at sections 4.28, Subsection 1112(b) of title 38 contains two erans. 4.29, 4.30 and 4.129 of title 38, Code of Federal lists of diseases that are presumed to be re- Section 105 would require VA to submit a Regulations. lated to an individual’s experience as a pris- report to the Committees on Veterans’ Af- In addition to the authority currently con- oner of war. The first presumptive list, in fairs of the Senate and the House of Rep- tained in regulations, the Compromise paragraph (2) of section 1112(b), requires no resentatives describing the Department’s Agreement provides that veterans discharged minimum internment period and includes progress in addressing the causes of unac- or released from active duty within 365 days diseases associated with mental trauma or ceptable variances in compensation pay- of application who have stabilized medical acute physical trauma which could plausibly ments to veterans for service-connected dis- conditions would be eligible to receive a be caused by even a single day of captivity. abilities. The report would be due to the temporary rating under certain cir- The second presumptive list, found under Committees not later than one year after the cumstances. In general, veterans with sta- paragraph (3) of section 1112(b), has a 30–day date of enactment of this section. bilized disabilities would be eligible to re- minimum internment requirement. Section 105 would require the report to in- ceive a temporary rating under conditions clude three specific elements: (1) a descrip- Senate Bill which are similar to those applied to vet- tion of the Veterans Benefits Administra- Section 601 of S. 1315, as amended, would erans with unstabilized conditions when a tion’s efforts to coordinate with the Vet- add osteoporosis in veterans whom the Sec- total rating is not immediately assignable. erans Health Administration (VHA) to im- retary has previously determined have post- The Committees intend that, under this prove the quality of disability examinations traumatic stress disorder (PTSD), to the list new authority, a veteran who has a sta- performed by VHA and contract clinicians, of disabilities presumed to be service-con- bilized condition, such as a healed amputa- including the use of standardized templates; nected in former prisoners of war found tion, but has one or more severe disabilities (2) an assessment of the current personnel under paragraph (3) of section 1112(b) of title for which a total rating is not immediately requirements at each regional office for each 38. assignable under the regular provisions of

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the rating schedule or on the basis of Indi- REPORT ON COMPENSATION OF VETERANS FOR ADVISORY COMMITTEE ON DISABILITY vidual Unemployability, could qualify for a LOSS OF EARNING CAPACITY AND QUALITY OF COMPENSATION temporary rating when employment was ad- LIFE AND ON LONG-TERM TRANSITION PAY- Current Law versely impacted by such disabilities. The MENTS TO VETERANS UNDERGOING REHABILI- There is no applicable provision in current Compromise Agreement would permit such a TATION FOR SERVICE-CONNECTED DISABIL- law. veteran to be eligible to receive a temporary ITIES rating when such veteran has severe disabil- House Bill Current Law ities that result in substantially gainful em- Section 102(d) of H.R. 5892, as amended, ployment not being feasible or advisable or Under chapter 11 of title 38, VA pays com- would require the Secretary to establish an the veteran has unhealed or incompletely pensation to veterans who suffer disabilities 18-member Advisory Committee on Dis- healed wounds or injuries that make mate- as a result of an injury or disease incurred or ability Compensation. The Committee would rial impairment of employability likely. The aggravated in the line of duty during active consist of individuals who have dem- Committees intend that, in considering eligi- duty. Section 1155 of title 38 requires VA to onstrated civic or professional achievement bility for a temporary rating under this sec- adopt and apply a schedule of disability rat- and who have experience in the provision of tion, both stabilized and unstabilized condi- ings, which is used to determine the amount disability compensation or have other rel- tions could be considered in determining the of compensation that will be provided. That evant scientific or medical expertise. The impact of such disabilities upon employ- schedule is based on the average impairment Secretary would determine the terms of pay ment. of earning capacity caused by a service-con- and service of such members, but their terms The rating assigned under these conditions nected disability. of service would not exceed two years. The would be as prescribed by the Secretary in In July 2007, the President’s Commission Secretary would be authorized to reappoint regulations. The Committees note that, on Care for America’s Returning Wounded members for subsequent terms. Section 102 would require the Committee where current regulations are adequate to Warriors recommended that Congress re- to be responsible for providing advice to the address the conditions for temporary rat- structure VA disability payments to include Secretary with respect to the maintenance ings, as set forth in this section, the Sec- transition payments and that VA update the and periodic adjustment of the rating sched- retary would not be required to issue new rating schedule to reflect current injuries ule. regulations. and the impact of disability on quality of It would also require the Committee to life. In 2008, the Secretary entered into a SUBSTITUTION UPON DEATH OF CLAIMANT submit annual reports to the Secretary and contract to conduct studies on those issues. require the Secretary to submit reports and Current Law The studies examined the appropriate level recommendations to the Committees on Vet- of disability compensation to be paid to vet- Currently, upon the death of a claimant erans’ Affairs of the House and Senate. erans to compensate for loss of earning ca- with a claim or appeal pending adjudication Senate Bill at the time of death, the surviving spouse or pacity and loss of quality of life as a result The Senate Bills contain no comparable other beneficiary is unable to take up the of service-connected disabilities. The studies provision. claim where it is in the process and must also examined the feasibility and appro- refile the claim separately as if submitting a priate level of long-term transition pay- Compromise Agreement new claim. Section 5121 of title 38 allows for ments to veterans who are separated from Section 214 of the Compromise Agreement survivors, in order of priority, to refile this the Armed Forces due to a disability while contains the House provision with modifica- new claim for accrued benefits. those veterans are undergoing a program of tions. The Committees intend that this Com- rehabilitation. mittee provide medical and scientific advice House Bill Senate Bill to the Secretary concerning the mainte- Section 111 of H.R. 5892, as amended, would nance and readjustment of the rating sched- provide that, in the event of the death of a Section 106 of S. 3023, as amended, would ule. Therefore, the Compromise Agreement veteran with a pending disability claim, an require the Secretary to provide Congress provides that membership be limited to indi- eligible dependent as identified under section with a report regarding the results of studies viduals with experience with the provision of 5121(a)(2) of title 38 would be authorized to examining the appropriate compensation to disability compensation by the Department substitute for the deceased claimant rather be provided to veterans for loss of earning or individuals who are leading medical or than being forced to re-file and restart the capacity and loss of quality of life caused by scientific experts in relevant fields. The claim or appeal. This provision would also service-connected disabilities and examining Compromise Agreement extends the term of allow an eligible survivor to submit addi- long-term transition payments to veterans service of such members to four years and tional evidence for up to one year after the undergoing rehabilitation for service-con- provides that the terms are to be staggered death of a veteran. This provision further nected disabilities. so as to provide for continuity of member- stipulates that only one person may be Section 106 also would require the Sec- ship on the Committee. The Compromise treated as the claimant under this section. retary to submit to Congress a report includ- Agreement provides that the Secretary shall Additionally, if the person who would be eli- ing a comprehensive description of the find- appoint a Chair of the Committee. gible to be a claimant under this section cer- ings and recommendations of those studies; a The Compromise Agreement specifically tifies to the Secretary that he or she does description of the actions proposed to be provides that the Secretary shall ensure that not want to be treated as the claimant for taken by the Secretary in light of those find- appropriate personnel, funding, and other re- such purposes, he or she may designate the ings and recommendations, including a de- sources are provided to the Committee to person who could then be entitled to receive scription of any proposed modifications to carry out its responsibilities. The Com- the benefits under this section. The effective the VA disability rating schedule or to other promise Agreement requires the Committee date of this section would apply only to regulations or policies; a schedule for the to submit biennial reports to the Secretary. claims of veterans who die on or after the commencement and completion of any ac- The Compromise Agreement requires the date of enactment. tions proposed to be taken; and a description Secretary to submit such biennial reports to of any legislative action required in order to the Committees on Veterans’ Affairs of the Senate Bill authorize, facilitate, or enhance any of the Senate and House together with the rec- The Senate bill contains no comparable proposed actions. That report would be due ommendations of the Committee and the provisions. no later than 210 days after the date of en- Secretary. actment. Compromise Agreement Subtitle B—Assistance and Processing Matters Section 212 of the Compromise Agreement House Bill PILOT PROGRAMS ON EXPEDITED TREATMENT OF generally follows the House language. How- Section 102(a) of H.R. 5892, as amended, FULLY DEVELOPED CLAIMS AND PROVISION OF ever, the Compromise Agreement stipulates would require the Secretary to conduct a CHECKLISTS TO INDIVIDUALS SUBMITTING that, not later than one year after the date study on adjusting the schedule for rating CLAIMS of the death of the claimant, the individual disabilities adopted and applied under sec- who would be eligible to receive accrued ben- tion 1155 of title 38. It would require VA to Current Law efits under section 5121(a) of title 38 must file complete the study within 180 days after the Section 5103 of title 38 requires the Sec- a request to be substituted as the claimant date of enactment and would require VA, retary to notify a claimant of the informa- for the purpose of processing the claim to within 60 days after completing the study, to tion and medical or lay evidence needed to completion. This is the same time period submit to Congress a report on the study. substantiate the claimant’s claim. Under within which claimants for accrued benefits Not later than 120 days after the Secretary section 5103A of title 38, the Secretary is re- are required to file an application for ac- submits the report, the Secretary would be quired to assist the claimant by making rea- crued benefits must file such a claim under required to submit a plan for readjusting the sonable efforts to obtain evidence necessary current law. Under the Compromise Agree- rating schedule. to substantiate the claimant’s claim. In ment, any person seeking substitution shall claims for service-connection, this duty in- Compromise Agreement present evidence of the right to claim such cludes obtaining records held by any Federal status within the time period prescribed by Section 213 of the Compromise Agreement department or agency and by providing a the Secretary in regulations. generally follows the Senate language. medical examination or opinion necessary to

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To be el- would require the Secretary to provide for servicemembers. igible for the benefit under this cir- the expeditious treatment of any fully devel- The Office would be responsible for ensur- cumstance, the veteran must have been oped claim. A fully developed claim would be ing that survivors and dependents of de- rated totally disabled for the ten years pre- ceding death; rated totally disabled from the defined as a claim for which the claimant re- ceased veterans and deceased members of the date of military discharge and for at least ceived assistance from a veterans service of- Armed Forces have access to applicable ben- five years immediately preceding death; or, a ficer, a State or county veterans service offi- efits and services provided under title 38. The former prisoner of war who died after Sep- cer, an agent, an attorney or for which the Office would also be responsible for regular tember 30, 1999, and who was rated totally claimant submits with the claim an indica- and consistent monitoring of benefits deliv- disabled for at least one year immediately tion that the claimant does not want to sub- ery to survivors and dependents and ensuring preceding death. mit any additional information and does not that appropriate referrals are made with re- spect to various administrations within the Surviving spouses of veterans who died on require assistance with respect to the claim. or after January 1, 1993, receive a basic rate, The claimant would certify in writing that VA. The Office would act as a primary advisor plus additional amounts for dependent chil- no additional information is available or dren. Surviving spouses of veterans who died needed to be submitted in order for the claim to the Secretary on all matters related to the policies, programs, legislative issues, and prior to January 1, 1993, receive an amount to be adjudicated. The Secretary would be based on the deceased veteran’s military pay required to decide such claims within 90 days other initiatives affecting such survivors and dependents. grade, plus additional amounts for depend- of submittal. ents. Section 107(b) of H.R. 5892, as amended, The Secretary would be required to iden- Senate Bill would require the Secretary to amend the tify and include the activities of the Office notice required by section 5103 of title 38 to in the annual report to Congress under sec- Section 807 of S. 1315, as amended, would require the creation of a detailed checklist tion 529 of title 38. require the Comptroller General to report on for claims for specific requests of additional In establishing the Office, the Secretary the adequacy of DIC to maintain survivors of information or evidence. would have to seek guidance from interested veterans who die from service-connected dis- The checklist would be required to be de- stakeholders, including veterans service or- abilities. The Comptroller General would be veloped within 180 days of enactment. ganizations and other service organizations. required to submit, to the Committees on The Secretary would be required to ensure Senate Bill Veterans’ Affairs of the Senate and House of that appropriate personnel, funding, and Representatives, a report regarding the ade- The Senate Bills contain no comparable other resources are provided to the Office to quacy of the benefits to survivors in replac- provision. carry out its responsibilities. ing the deceased veteran’s income. The Compromise Agreement Senate Bill Comptroller General would be required to in- Section 221 of the Compromise Agreement clude a description of the current system of The Senate Bills contain no comparable accepts the House provision with an amend- payment of DIC to survivors, including a provisions. ment that creates two pilot programs to test statement of DIC rates; an assessment of the the effectiveness of providing expedited Compromise Agreement adequacy of DIC in replacing a deceased vet- treatment of fully-developed claims and pro- Section 222 of the Compromise Agreement eran’s income; and any recommendations viding an additional checklist that includes follows the House language with modifica- that the Comptroller General considers ap- information or evidence required to be sub- tions. In the Compromise Agreement, the Of- propriate in order to improve or enhance the mitted by the claimant to substantiate the fice is established in the Department rather effects of DIC in replacing the deceased vet- claim. The pilot program on expedited treat- than in the Veterans Benefits Administra- eran’s income. The Comptroller General ment of fully developed claims would be car- tion (VBA). The Committees expect that, by would be required to submit the report not ried out at 10 VA regional offices for a period placing the Office under the Department, the later than ten months after the date of en- of one year beginning 60 days after the date full spectrum of VA benefits and services for actment of the provision. of enactment; the pilot program on the pro- survivors would be addressed. House Bill vision of checklists to individuals submit- The Compromise Agreement does not The House Bills contain no comparable ting claims would be carried out at four VA specify the duties of the office in the legisla- provision. tion. However, the Committees intend that regional offices for a period of one year be- Compromise Agreement ginning 60 days after the date of enactment the Office be responsible for ensuring that Section 223 of the Compromise Agreement for original claims and for a period of three the surviving spouses, children and parents follows the Senate language. years beginning 60 days after the date of en- of deceased veterans, including deceased actment for reopened claims and claims for members of the Armed Forces, have access INDEPENDENT ASSESSMENT OF QUALITY increased disability ratings. The Secretary to applicable benefits and services under ASSURANCE PROGRAM would be required to provide interim reports title 38. The Committees expect that pro- Current Law for each pilot authorized under this section grams carried out by the Department for Section 7731 of title 38 requires the Sec- and final reports would be due to Congress such survivors will be conducted in a manner retary to carry out a quality assurance pro- upon conclusion of the pilots. that is responsive to their specific needs. The gram within the Veterans Benefits Adminis- The Compromise Agreement provides that Committees expect the Office to conduct reg- tration. Under this provision, the Secretary such checklist be construed as an addendum ular and consistent monitoring of the deliv- has elected to carry out a separate quality to the notice required by section 5103 of title ery of benefits and services to this popu- assurance program, the Systematic Tech- 38 and shall not be considered as part of the lation. The Committees expect the Office to nical Accuracy Review (STAR), for meas- notice for purposes of reversal or remand of ensure that policies and procedures are such uring compensation and pension claims proc- a decision of the Secretary. As such, the that such survivors will receive appropriate essing accuracy. Committees stress that these checklists are referrals to the relevant administrations and House Bill intended to serve only as guidance for claim- offices of the Department, so that such sur- Section 106 of H.R. 5892, as amended, would ants and that any errors in these checklists vivors may receive all of the benefits and require the Secretary to contract with an should not be the basis for a remand of the services for which they are eligible. independent third-party entity for an annual claimant’s claim. COMPTROLLER GENERAL REPORT ON ADEQUACY quality assurance assessment. The assess- The Committees expect that, in selecting OF DEPENDENCY AND INDEMNITY COMPENSA- ment would measure a statistically valid locations for the pilot projects, the Sec- TION TO MAINTAIN SURVIVORS OF VETERANS sample of VBA employees and their work retary shall ensure that regional offices of WHO DIE FROM SERVICE-CONNECTED DISABIL- product to assess quality and accuracy. The various size and geographic location are in- ITIES provision would also require the production cluded in the pilot projects. The Committees Current Law of automated categorizable data to help encourage the Secretary to locate the four identify trends. Under this provision, the VA dependency and indemnity compensa- pilot programs for the checklist at locations Secretary would be required to use informa- tion (DIC) is a benefit that is paid to sur- selected for the expedited claims pilot tion gathered through the annual assessment vivors of certain veterans. To be eligible, the projects. to develop an employee certification as veteran’s death must have resulted from: a OFFICE OF SURVIVORS ASSISTANCE found in section 105 of H.R. 5892, as amended. disease or injury incurred or aggravated in Current Law the line of duty or active duty for training; Senate Bill There is no relevant provision in current an injury incurred or aggravated in the line The Senate Bills contain no similar provi- law. of duty while on inactive duty training; or, a sion. House Bill service-connected disability or a condition Compromise Agreement Section 101 of H.R. 5892, as amended, would directly related to a service-connected dis- Section 224 of the Compromise Agreement require VA to create an Office of Survivors ability. follows the House bill with modifications.

VerDate Aug 31 2005 05:14 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.130 S02OCPT1 rfrederick on PROD1PC67 with SENATE October 2, 2008 CONGRESSIONAL RECORD — SENATE S10449 Under the Compromise Agreement, the Sec- for all monetary benefits paid to veterans to measure and manage the work production retary would enter into a contract with an and survivors, including DIC, death com- of employees of the Veterans Benefits Ad- independent third-party entity to conduct a pensation, death pension and benefits paid to ministration who handle claims for com- three-year assessment of the quality assur- children under chapter 18 of title 38. pensation and pension benefits. The Sec- ance program. The Committees intend that Under the Compromise Agreement, the retary would be required to report to Con- this provision would be applicable only to Secretary is required to consult with exam- gress on the work credit system and work quality assurance programs involving the ad- ination development experts, interested management system no later than October judication of claims for compensation and stakeholders, and employee representatives 31, 2009. The report would be required to pension benefits. The Compromise Agree- and consider the data produced under section identify the components required to imple- ment does not include language from section 7731(c)(3) of title 38 as added by section 224 of ment an updated system for evaluating such 106 of H.R. 5892, as amended, which would the bill. VBA employees. have expressly required the Secretary to en- The Compromise Agreement does not con- In addition, the Compromise Agreement sure the accuracy and consistency across dif- tain the prohibition on use of certification requires that not later than 210 days after ferent regional offices with the Department examinations or programs that currently the date on which the Secretary submits to as an amendment to 7731, of title 38, United exist as in H.R. 5892, as amended. However, Congress the report required under this sec- States Code. However, the Committees agree the Compromise Agreement requires the tion, the Secretary shall establish an up- that the Secretary should strive to reduce Secretary to develop an updated certifi- dated system, based upon the findings of the variances in ratings for disability compensa- cation examination no later than one year study, for evaluating the performance and tion between regional offices. The Commit- after the date of enactment of this bill and accountability of VBA employees who are re- tees note that section 104 of the Compromise to begin using the updated examination sponsible for processing claims for com- Agreement requires a report from the Sec- within 90 days after the date on which devel- pensation or pension benefits. retary in addressing unacceptable variances opment of the updated examination is com- REVIEW AND ENHANCEMENT OF USE OF INFOR- in compensation payments. plete. MATION TECHNOLOGY IN VETERANS BENEFITS The Compromise Agreement also contains The Compromise Agreement does not in- ADMINISTRATION provisions from the House bill which would clude the House provision requiring that VA Current Law require the Secretary to retain, monitor, and contract for an evaluation. However, it does There is no applicable provision in current store in an accessible format certain data require the Comptroller General of the law. with respect to claims for service-connected United States to evaluate the training pro- disability compensation. The Committee rec- grams administered for employees of the House Bill ognizes that sex and race data are not kept Veterans Benefits Administration and sub- Section 110 of H.R. 5892, as amended, would by the Department within the database uti- mit a report on the findings of the evalua- require the Secretary to conduct a review, lized by the Veterans Benefits Administra- tion to the Committees. no later than one year after the date of en- actment of this Act, on the use of informa- tion at this time and, therefore, excluded STUDY OF PERFORMANCE MEASURES FOR CER- tion technology within the Veterans Benefits those items from the data required to be col- TAIN EMPLOYEES OF THE VETERANS BENEFITS Administration. It also requires the Sec- lected. ADMINISTRATION In other respects, the Compromise Agree- retary to develop a comprehensive plan for Current Law ment generally follows the House bill. The use of such technology in processing claims Committees agree that House Report 110–789 There is no applicable provision in current for benefits so as to reduce subjectivity, contains a full explanation of the House pro- law. avoidable remands, and regional office visions which were modified in the Com- House Bill variances in disability ratings for specific promise Agreement. Section 103 of H.R. 5892, as amended, would disabilities. The House bill would also require that the CERTIFICATION AND TRAINING OF EMPLOYEES OF require the Secretary to conduct a study of comprehensive plan include information THE VETERANS BENEFITS ADMINISTRATION VBA’s work credit system, which is used to technology upgrades including web portals, RESPONSIBLE FOR PROCESSING CLAIMS measure the work production of VBA em- rules-based expert systems, and decision sup- ployees. This section of the House bill would Current Law port software. require that the Secretary consider the ad- The Secretary has general authority to Under the House bill, a report on the visability of implementing: performance manage and provide for certification of em- progress of the review and plan would be due standards and accountability measures; ployees of the Department. There is no spe- to Congress by no later than January 1, 2009. guidelines and procedures for the prompt cific applicable provision in current law. processing of claims that are ready to rate Senate Bill House Bill upon submission; guidelines and procedures The Senate Bills contain no comparable Section 105 of H.R. 5892, as amended, would for the processing of such claims submitted provision. require the Secretary to develop a certifi- by severely injured and very severely injured Compromise Agreement cation examination to test appropriate VBA veterans; and requirements for assessments Section 227 of the Compromise Agreement employees and managers who are responsible of claims processing at each regional office generally follows the House bill, except that for processing claims for benefits. The Sec- for the purposes of producing lessons learned it clarifies two of the comprehensive plan re- retary would be required to develop such ex- and best practices. A report on the study quirements contained in section 110 of H.R. aminations in consultation with specified would be required no later than 180 days 5892, as amended. The Compromise Agree- stakeholders. The Secretary would be di- after the Secretary submits to Congress the ment gives the Secretary the discretion to rected to require such employees and man- report; and the Secretary would be obligated include the following elements, to the extent agers to take a certification examination. to establish a new system for evaluating practicable: the ability for benefits’ claim- The Secretary would be prohibited from sat- work production. This section of H.R. 5892, as ants to view applications online and compli- isfying the requirements of the bill through amended, would prohibit the Secretary from ance with security requirements as noted in the use of any certification examination or awarding a work credit to any employee of section 227(b)(3)(B)(ii) of the Compromise program that exists as of the date of enact- the Department if the Secretary has not im- Agreement. ment of the bill. plemented a new system within the time The Compromise Agreement also requires The House provision would also require the specified. that the plan be developed, not later than Secretary to contract with an outside entity Section 104 of H.R. 5892, as amended, would one year after date of enactment. to conduct an evaluation of VBA’s training require the Secretary to conduct a study on The Compromise Agreement requires, no and quality assurance programs within 180 the work management system of the Vet- later than April 1, 2010, a report to Congress days of enactment and provide the results of erans Benefits Administration designed to on the review and the comprehensive plan re- such evaluation to Congress. improve accountability, quality, and accu- quired under this section. Senate Bill racy and reducing the time for processing STUDY AND REPORT ON IMPROVING ACCESS TO claims for benefits. The Senate Bills contain no comparable MEDICAL ADVICE provision. Senate Bill Current Law Compromise Agreement The Senate Bills contain no comparable There is no applicable provision in current provision. Section 225 of the Compromise Agreement law. follows the House language with modifica- Compromise Agreement House Bill tions. The Compromise Agreement would Section 226 of the Compromise Agreement Section 108 of H.R. 5892, as amended, would apply only to employees and managers who generally follows the House language with require the Secretary to conduct a study to are responsible for processing claims for modifications. Under the Compromise Agree- evaluate the need of the Veterans Benefits compensation and pension benefits. By using ment, the Secretary would be required to Administration to employ medical profes- the general term ‘‘compensation and pen- conduct a study on the effectiveness of the sionals who are not physicians, to act as a sion’’ benefits, the Committees intend that current employee work credit system and medical reference for employees of the Ad- the provision would apply to employees and the work management system of the Vet- ministration so that such employees may ac- managers responsible for processing claims erans Benefits Administration which is used curately assess medical evidence submitted

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in support of claims for benefits under laws be required to complete its assistance and in- REPORT ON THE EMPLOYMENT NEEDS OF NATIVE administered by the Secretary. The House vestigation and notify the complainant of AMERICAN VETERANS LIVING ON TRIBAL LANDS bill would prohibit any medical professionals the results and his or her rights, including Current Law of the Veterans Health Administration from the right to request a referral and the dead- There is no applicable provision in current being employed to rate any disability or lines federal agencies must meet. Within 48 law. evaluate any claim. It would require the Sec- days after receiving a request for a referral, retary to conduct a statistically significant DOL would be required to refer a complaint Senate Bill survey of VBA employees to ascertain to OSC or the Attorney General. Within 60 Section 305 of S. 3023, as amended, would whether, how, and to what degree medical days of receiving a referral, OSC or the At- require a report by the Secretary of Labor on professionals could provide assistance to torney General would be required to deter- efforts to address the employment needs of such employee. mine whether to provide legal representation Native American veterans living on tribal Section 108 would also require the Sec- to the complainant and notify the complain- lands. retary to submit to Congress a report, within ant of that decision in writing. House Bill 180 days of enactment of the bill, to evaluate House Bill The House Bills contain no comparable the need to employ such medical profes- provision. sionals. If the Secretary hired medical pro- The House Bills contain no comparable Compromise Agreement fessionals pursuant to this study, the House provision. bill would require that all employees of all Compromise Agreement Section 314 of the Compromise Agreement follows the Senate language. VBA regional offices have access to the med- Section 311 of the Compromise Agreement ical professionals. follows the Senate language. EQUITY POWERS Current Law Senate Bill MODIFICATION AND EXPANSION OF REPORTING The Senate Bills contain no comparable REQUIREMENTS WITH RESPECT TO ENFORCE- Under section 4323(e) of title 38 courts may, provision. MENT OF USERRA in an action brought against a State or pri- vate employer, use their full equity powers Compromise Agreement Current Law to vindicate the rights or benefits of individ- Section 228 of the Compromise Agreement Under current law, the Secretary of Labor uals provided under USERRA. generally follows the House language with must file an annual report to Congress that House Bill modifications. The Compromise Agreement includes the number of cases reviewed by requires the Secretary to conduct a study to DOL VETS and the Department of Defense Section 2 of H.R. 6225, as amended, would assess the feasibility and advisability of var- Employer Support of the Guard and Reserve, amend section 4323(e) of title 38 to require ious mechanisms to improve communication the number of cases referred to OSC and the that, in USERRA actions brought against between the Veterans Benefits Administra- Attorney General, and the number of com- private or State employers, courts shall use tion and the Veterans Health Administration plaints filed by the Attorney General. their equity powers in any case in which the when needed by Veterans Benefits Adminis- court determines it is appropriate. Senate Bill tration employees to carry out their duties. Senate Bill The study is also required to evaluate wheth- Section 303 of S. 3023, as amended, would The Senate Bills contain no comparable er additional medical professionals are nec- expand the reporting requirements regarding provision. the federal government’s enforcement of essary to provide access to relevant Veterans Compromise Agreement Benefits Administration employees. The USERRA by requiring data on the number of Compromise Agreement omits the require- individuals whose cases are reviewed by both Section 315 of the Compromise Agreement ment in the House bill for a statistically sig- the Department of Defense Employer Sup- follows the House language. nificant study of employees. port of the Guard and Reserve (DOD ESGR), WAIVER OF RESIDENCY REQUIREMENT FOR DI- Title III—Labor and Education Matters DOL VETS, OSC, and the Attorney General RECTORS FOR VETERANS’ EMPLOYMENT AND that involve a disability-related issue, and TRAINING Subtitle A—Labor and Employment Matters the number of cases that involve a person Current Law REFORM OF USERRA COMPLAINT PROCESS with a service-connected disability. In addi- Section 4103(a)(2) of title 38 requires that tion, the Senate bill would change the date Current Law each State Director of Veterans’ Employ- on which the report is required. Chapter 43 of title 38 provides reemploy- ment and Training (SDVET) have been, at ment and employment rights to House Bill the time of appointment, a bona fide resident servicemembers, veterans, and those who The House Bills contain no comparable of the State for at least two years. seek to join a uniformed service through the provision. Senate Bill Uniformed Services Employment and Reem- ployment Rights Act (USERRA). Individuals Compromise Agreement Section 303 of S. 1315, as amended, would can privately enforce their rights by filing a Section 312 of the Compromise Agreement permit waiver of a residency requirement for complaint in federal or state court, or, in the follows the Senate language. SDVETs. case of a complaint against a federal em- TRAINING FOR EXECUTIVE BRANCH HUMAN RE- House Bill ployer, by submitting a complaint to the SOURCES PERSONNEL ON EMPLOYMENT AND The House Bills contain no comparable Merit Systems Protection Board (MSPB). In REEMPLOYMENT RIGHTS OF MEMBERS OF THE provision. addition, individuals can request assistance UNIFORMED SERVICES Compromise Agreement from the federal government by filing a com- Current Law Section 316 of the Compromise Agreement plaint with the Department of Labor’s Vet- follows the Senate language. erans’ Employment and Training Service There is no applicable provision in current (DOL VETS), which investigates and at- law. MODIFICATION OF SPECIAL UNEMPLOYMENT tempts to resolve complaints, and, if re- Senate Bill STUDY TO COVER VETERANS OF POST 9/11 GLOBAL OPERATIONS quested, will refer complaints for litigation. Section 304 of S. 3023, as amended, would DOL VETS refers complaints against federal add a new section to chapter 43 of title 38 to Current Law agencies to the Office of Special Counsel require the head of each Federal executive Section 4110A of title 38 requires the Sec- (OSC) and complaints against private sector agency to provide training for human re- retary of Labor, through the Bureau of Labor employers and state and local governments sources personnel on the rights, benefits, and Statistics, to submit a report every two to the Attorney General. The Special Coun- obligations of members of the Armed Forces years on the employment and unemployment sel or Attorney General may represent indi- under USERRA and the administration of experiences of Vietnam-era veterans, Viet- viduals before the MSPB or in federal court, USERRA by Federal executive agencies. It nam-theater veterans, special disabled vet- respectively. would require that the training be developed erans, and recently separated veterans. Senate Bill and provided in consultation with the Office Senate Bill Section 302 of S. 3023, as amended, would of Personnel Management. The training Section 304 of S. 1315, as amended, would create deadlines for DOL VETS, OSC, and would be provided as often as specified by update this special unemployment study to the Attorney General to provide assistance the Director of the Office of Personnel Man- focus on veterans of the Post-9/11 Global Op- to servicemembers who believe that their agement in order to ensure that the human erations period and require an annual report. resources personnel are kept fully and cur- rights under USERRA have been violated. House Bill Within 5 days of receiving a USERRA com- rently informed about USERRA. The House Bills contain no comparable plaint, DOL VETS would be required to no- House Bill tify a complainant in writing about his or provision. The House Bills contain no comparable her rights to receive governmental assist- Compromise Agreement provision. ance, including the right to request a refer- Section 317 of the Compromise Agreement ral and the relevant deadlines that the fed- Compromise Agreement generally follows the Senate language, ex- eral agencies must meet and within 90 days Section 313 of the Compromise Agreement cept that the report would be required to in- of receiving the complaint, DOL VETS would follows the Senate language. clude veterans of the Vietnam era, as well as

VerDate Aug 31 2005 06:33 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.133 S02OCPT1 rfrederick on PROD1PC67 with SENATE October 2, 2008 CONGRESSIONAL RECORD — SENATE S10451 veterans of the Post-9/11 Global Operations or surviving spouse will not be effective un- grams of education at institutions of higher period. less he or she, after ten days from the date learning, apprenticeship programs, on-job Subtitle B—Education Matters of signing the agreement, submits a written training programs, and other programs that and signed statement to VA affirming the are located within each SAA’s State of juris- MODIFICATION OF PERIOD OF ELIGIBILITY FOR enrollment agreement. In the event the indi- diction. Generally SAA approval of these SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL vidual at any time notifies the institution of programs is required before beneficiaries ASSISTANCE OF CERTAIN SPOUSES OF INDIVID- his or her intention not to affirm the agree- may use their educational assistance bene- UALS WITH SERVICE-CONNECTED DISABILITIES ment, the institution, without imposing any fits to pay for them. The Departments of TOTAL AND PERMANENT IN NATURE penalty or charging any fee, shall promptly Education and Labor also assess education Current Law make a refund of all amounts paid. and training programs for various purposes, Under the Survivors’ and Dependents’ Edu- Senate Bill primarily for awarding student aid and pro- cational Assistance (DEA) program, VA pro- viding apprenticeship assistance. Section 313 of S. 3023, as amended, would vides up to 45 months of education benefits decrease to five days the waiting period be- Senate Bill to certain children or spouses of military fore affirmation of enrollment in a cor- Section 301 of S. 1315, as amended, would personnel. For instance, the spouse of a vet- respondence course may be finalized for pur- amend section 3673 of title 38 to require VA eran or servicemember may be eligible for poses of receiving educational assistance to take appropriate actions to ensure the co- benefits if the veteran died, or is perma- from VA. ordination of approval activities performed nently and totally disabled, as the result of House Bill by SAAs and approval activities performed a service-connected disability or if the vet- by the Department of Labor, the Department eran died from any cause while a permanent The House Bills contain no comparable of Education, and other entities in order to and total service-connected disability was in provision. reduce overlap and improve efficiency in the existence. Compromise Agreement performance of those activities. The spouse generally must use these edu- Section 323 of the Compromise Agreement House Bill cation benefits within ten years after the follows the Senate language. date on which the veteran dies or is found to The House Bills have no comparable provi- be permanently and totally disabled. How- CHANGE OF PROGRAMS OF EDUCATION AT THE sion. ever, if the servicemember died while on ac- SAME EDUCATIONAL INSTITUTION Compromise Agreement tive duty, the spouse may use the education Current Law Section 326 of the Compromise Agreement benefits during the twenty-year period after Under current law, a student who desires follows the Senate language. the servicemember’s death. to initiate a program of education must sub- Subtitle C—Vocational Rehabilitation Senate Bill mit an application to VA in the form pre- Matters Section 311 of S. 3023, as amended, would scribed by the Department. If the student de- WAIVER OF 24-MONTH LIMITATION ON PROGRAM extend from ten years to twenty years the cides a different program is more advan- OF INDEPENDENT LIVING SERVICES AND AS- time within which the spouses of certain se- tageous to his or her needs, that individual SISTANCE FOR VETERANS WITH A SEVERE DIS- verely injured veterans have to use their may change his or her program of study ABILITY INCURRED IN THE POST-9/11 GLOBAL DEA benefits. Specifically, the twenty-year once. However, additional changes require OPERATIONS PERIOD VA to determine that the change is suitable period would be available to a spouse of a Current Law veteran who becomes permanently and to- to the individual’s interests and abilities. It is rare for VA to deny a change of program, Under chapter 31 of title 38 VA may pro- tally disabled within three years after dis- vide services to certain veterans with serv- charge from service, if the spouse remains especially if the student is continuing in an approved program at the same school. ice-connected disabilities to help them married to the veteran. achieve maximum independence in daily liv- House Bill Senate Bill ing. Under section 3105 of title 38 the general The House Bills contain no comparable Section 314 of S. 3023, as amended, would rule is that no more than 24-months of these provision. repeal the requirement that an individual services may be provided to a veteran. How- notify VA when the individual changes edu- ever, under section 3105(d) of title 38 the pe- Compromise Agreement cational programs but remains enrolled at riod may be extended if ‘‘the Secretary de- Section 321 of the Compromise Agreement the same educational institution. termines that a longer period is necessary follows the Senate language. House Bill and likely to result in a substantial increase REPEAL OF REQUIREMENT FOR REPORT TO THE The House Bills contain no comparable in a veteran’s level of independence in daily SECRETARY OF VETERANS AFFAIRS ON PRIOR provision. living.’’ TRAINING Compromise Agreement Senate Bill Current Law Section 324 of the Compromise Agreement Section 301 of S. 3023, as amended, would Under current law, State approving agen- follows the Senate language. amend section 3105(d) of title 38 to allow VA, cies approve, for VA education benefits pur- without having to make such a determina- REPEAL OF CERTIFICATION REQUIREMENT WITH poses, the application of educational institu- tion, to extend the 24-month cap on inde- RESPECT TO APPLICATIONS FOR APPROVAL OF tions providing non-accredited courses if the pendent living services for any veteran who SELF-EMPLOYMENT ON-JOB TRAINING institution and its courses meet certain cri- served on active duty during the Post-9/11 teria. Among these is the requirement that Current Law Global Operations period and incurred or ag- the institution maintain a written record of Under current law, all provisions of title 38 gravated a severe disability during that serv- the previous education and training of the that apply to VA’s other on-job training ice. eligible person and what credit for that (OJT) programs (except the requirement that House Bill training has been given the individual. The a training program has to be for at least six The House Bills contain no comparable institution must notify both VA and the eli- months) apply to franchise-ownership OJT, provision. gible person regarding the amount of credit including the requirement that the trainee Compromise Agreement the school grants for previous training. earn wages that are increased on an incre- mental basis. Section 331 of the Compromise Agreement Senate Bill follows the Senate language. Senate Bill Section 312 of S. 3023, as amended, would INCREASE IN CAP OF NUMBER OF VETERANS PAR- repeal the requirement that an educational Section 315 of S. 3023, as amended, would TICIPATING IN INDEPENDENT LIVING PROGRAM institution providing non-accredited courses exempt on-the-job training programs from Current Law notify VA of the credit granted for prior the requirement to provide participants with training of certain individuals. wages if the training program is offered in Section 3120(e) of title 38 authorizes VA to connection with the purchase of a franchise. initiate a program of independent living House Bill services for no more than 2,500 service-con- The House Bills contain no comparable House Bill nected disabled veterans in each fiscal year. provision. The House Bills contain no comparable Senate Bill provision. Compromise Agreement The Senate Bills contains no comparable Section 322 of the Compromise Agreement Compromise Agreement provision. contains the Senate provision. Section 325 of the Compromise Agreement House Bill MODIFICATION OF WAITING PERIOD BEFORE AF- follows the Senate language. Section 301 of H.R. 6832 increases to 2,600 FIRMATION OF ENROLLMENT IN A COR- COORDINATION OF APPROVAL ACTIVITIES IN THE the number of veterans who may initiate a RESPONDENCE COURSE ADMINISTRATION OF EDUCATION BENEFITS program of independent living services in Current Law Current Law any fiscal year. Under current law, in the case of courses Under chapter 36 of title 38 VA contracts Compromise Agreement offered through correspondence, an enroll- for the services of State approving agencies Section 332 of the Compromise Agreement ment agreement signed by a veteran, spouse, (SAAs) for the purpose of approving pro- follows the House language.

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REPORT ON MEASURES TO ASSIST AND ENCOUR- program during fiscal year 2011, and those in- servicemembers are covered under TSGLI, AGE VETERANS IN COMPLETING VOCATIONAL dividuals who begin participating in such a including, among others, complete loss of vi- REHABILITATION program during fiscal year 2014. sion, complete loss of hearing, amputation of Current Law By not later than July 1 of each year cov- a hand or foot and the inability to carry out ered by the study, the Secretary would be re- the activities of daily living resulting from Under chapter 31 of title 38, VA provides quired to submit to the Committees on Vet- injury to the brain. PTSD is not currently vocational rehabilitation and employment erans’ Affairs of the Senate and House of among the conditions classified as qualifying services to veterans with service-connected Representatives a report on the study during a loss. disabilities. In its July 2007 report, the Presi- the preceding year. The Secretary would be Senate Bill dent’s Commission on Care for America’s Re- required to include in the report any data Section 501 of S. 3023, as amended, would turning Wounded Warriors found that, ‘‘of necessary to determine the long-term out- require VA, in consultation with the Depart- the 65,000 who apply for [VA’s Vocational Re- comes of the individuals participating in the ment of Defense, to submit a report to Con- habilitation and Employment program] each program. In addition, each report would be gress assessing the feasibility of and advis- year, at most 10,000 of all ages complete the required to contain (1) the number of individ- ability of including severe and acute PTSD employment track in the program each uals participating in vocational rehabilita- among the conditions covered by TSGLI. The year.’’ The Commission also found that ‘‘the tion programs who suspended participation report would be due to the Committees not effectiveness of various vocational rehabili- in such a program during the year covered later than 180 days after enactment of this tation programs is not well established, and by the report; (2) the average number of bill. the VA should undertake an effort to deter- months such individuals served on active mine which have the greatest long-term suc- duty; (3) the distribution of disability rat- House Bill cess.’’ In addition, the Commission rec- ings of such individuals; (4) the types of The House Bills contain no comparable ommended that ‘‘VA should develop finan- other benefits administered by the Secretary provision. cial incentives that would encourage comple- received by such individuals; (5) the types of Compromise Agreement tion’’ of vocational rehabilitation. social security benefits received by such in- Section 401 of the Compromise Agreement Senate Bill dividuals; (6) any unemployment benefits re- follows the Senate language. Section 306 of S. 3023, as amended, would ceived by such individuals; (7) the average require VA to conduct a study that would number of months such individuals were em- TREATMENT OF STILLBORN CHILDREN AS INSUR- identify the various factors that may pre- ployed during the year covered by the report; ABLE DEPENDENTS UNDER SERVICEMEMBERS’ vent or preclude veterans from successfully (8) the average annual starting and ending GROUP LIFE INSURANCE completing their vocational rehabilitation salaries of such individuals who were em- Current Law plans. It would also require identification of ployed during the year covered by the report; In 2001, section 4 of the Veterans’ Survivor actions that the Secretary may take to ad- (9) the number of such individuals enrolled in Benefits Improvements Act of 2001, Public dress such factors. Not later than 270 days an institution of higher learning; (10) the av- Law 107–14, established a program of family after beginning the study, VA would be re- erage number of academic credit hours, de- insurance coverage under SGLI through quired to submit to the Committees on Vet- grees, and certificates obtained by such indi- which an SGLI-insured member’s insurable erans’ Affairs of the Senate and House of viduals during the year covered by the re- dependents could also be insured. Section Representatives a report including the find- port; (11) the average number of visits such 1965(10) of title 38 defines insurable depend- ings of the study and any recommendations individuals made to VA medical facilities ents as the member’s spouse, and the mem- on actions that should be taken in light of during the year covered by the report; (12) ber’s child. Section 101(4)(A) of title 38 de- that study. the average number of visits such individuals fines the term child as a person who is un- House Bill made to non-VA medical facilities during the married and under the age of 18 years; who year covered by the report; (13) the average became permanently incapable of self sup- The House Bills contain no comparable annual income of such individuals; (14) the provision. port before attaining the age of 18; or a de- average total household income of such indi- pendent over the age of 18 that is pursuing Compromise Agreement viduals for the year covered by the report; education or training at an approved institu- Section 333 of the Compromise Agreement (15) the percentage of such individuals who tion. Dependents over the age of 18 are con- generally follows the Senate language, ex- own their principal residences; and (16) the sidered a child until they complete their cept that it includes language to specify that average number of dependents of each such education, or until they reach the age of 23. the study is required only to the extent that veteran. Under current law, stillborn children are not it does not duplicate elements of a VA study Senate Bill eligible for coverage as insurable dependents or report released during the one-year period The Senate Bills contain no comparable under SGLI. after the date of enactment. provision. Senate Bill LONGITUDINAL STUDY OF DEPARTMENT OF VET- Compromise Agreement Section 502 of S. 3023, as amended, would ERANS AFFAIRS VOCATIONAL REHABILITATION Section 334 of the Compromise Agreement amend section 1965(10) of title 38, so as to PROGRAMS generally follows the House language, except cover a servicemember’s ‘‘stillborn child,’’ as Current Law that study participants would be selected an insurable dependent under the SGLI pro- Under chapter 31 of title 38 VA provides vo- from those individuals who begin partici- gram. The Committees expect VA to issue cational rehabilitation and employment pating in VA’s vocational rehabilitation pro- regulations that would define the term in a services for certain veterans with service- gram during fiscal years 2010, 2012, and 2014. manner consistent with the 1992 rec- connected disabilities. VA currently collects Title IV—Insurance Matters ommended reporting requirements of the Model State Vital Statistics Act and Regula- data that does not accurately demonstrate REPORT ON INCLUSION OF SEVERE AND ACUTE tions as drafted by the Centers for Disease the long-term results of participation in, or POST-TRAUMATIC STRESS DISORDER AMONG Control and Prevention’s National Center for completion of, VA’s vocational rehabilita- CONDITIONS COVERED BY TRAUMATIC INJURY Health Statistics. The Model Act rec- tion and employment program. Typically, PROTECTION COVERAGE UNDER SERVICE- ommends a state reporting requirement of VA knows how long a veteran spends in the MEMBERS’ GROUP LIFE INSURANCE fetal deaths involving fetuses weighing 350 various phases in long-term training and the Current Law costs related to that participation. However, grams or more, if the weight is unknown, or VA does not collect data on earnings, pro- Section 1980A of title 38 provides traumatic 20 or more completed weeks of gestation, motions, and other long-term employment- injury protection coverage under the calculated from the date last normal men- related data following completion of the pro- Servicemembers Group Life Insurance strual began to the date of delivery. (SGLI) program. Traumatic Servicemembers gram. VA also does not collect data on those House Bill who may qualify for the program but do not Group Life Insurance (TSGLI) provides cov- erage against qualifying losses incurred as a The House Bills contain no comparable complete the track of the program appro- provision. priate to their situation. result of a traumatic injury event. In the event of a loss, VA will pay between $25,000 Compromise Agreement House Bill and $100,000 depending on the severity of the Section 402 of the Compromise Agreement Section 1 of H.R. 3889 would require VA, qualifying loss. At present, active duty and follows the Senate language. subject to the availability of appropriated reserve component servicemembers with any OTHER ENHANCEMENTS OF SERVICEMEMBERS’ funds, to conduct a longitudinal study, over amount of SGLI coverage are automatically GROUP LIFE INSURANCE COVERAGE a period of at least 20 years, of a statistically covered under TSGLI. A premium (currently valid sample of certain groups of individuals $1 monthly) is collected from covered mem- Current Law who participate in VA’s vocational rehabili- bers to meet peacetime program expenses; SGLI is a VA-supervised life insurance pro- tation and employment program. The groups the DOD is required to fund TSGLI program gram that provides group coverage for mem- of individuals would include those who begin costs associated with the extra hazards of bers on active duty in the uniformed services participating in the vocational rehabilita- military service. (Army, Navy, Air Force, Marine Corps, and tion program during fiscal year 2009, those Subsection (b)(1) of section 1980A lists Coast Guard), members of the Commissioned individuals who begin participating in such a some qualifying losses for which injured Corps of the United States Public Health

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Service and the National Oceanic and At- House Bill REPORT ON IMPACT OF MORTGAGE mospheric Administration, Reserve and Na- The House Bills contain no comparable FORECLOSURES ON VETERANS tional Guard members, Reserve Officer provision. Current Law Training Corps members engaged in author- There is no applicable provision in current ized training, service academy cadets and Compromise Agreement law. midshipmen, Ready Reserve and Retired Re- Section 403 of the Compromise Agreement serve members, and Individual Ready Re- follows the Senate language. Senate Bill serve members who are subject to involun- Section 205 of S. 3023, as amended, would ADMINISTRATIVE COSTS OF SERVICE DISABLED tary recall to active duty service. VA pur- require VA to report on the impact of the VETERANS’ INSURANCE chases a group policy on behalf of partici- mortgage foreclosure crisis on veterans and pating members from a commercial provider. Current Law the adequacy of existing mechanisms avail- Since the inception of the SGLI program in Under current law, the administrative able to help veterans. The report would have 1965, The Prudential Insurance Company of costs of the Service-Disabled Veterans Insur- to include four specific elements: (1) a gen- America has been the provider. VA’s FY 2009 ance program are paid for by the Govern- eral assessment of the income of veterans budget submission projects that 2,342,000 in- ment from VA’s General Operating Expenses who have recently separated from the Armed dividuals will be covered under SGLI in FY account. Forces; (2) an assessment of the effects of the 2009. length of the disability adjudication process Senate Bill Full coverage under SGLI is provided auto- on the capacity of veterans to maintain ade- matically at the maximum coverage amount Section 102 of S. 1315 would allow adminis- quate or suitable housing; (3) a description of when an individual begins covered service. trative costs for the S-DVI program to be the extent to which the provisions of the Partial coverage at prorated premium rates paid for by premiums, as is done with all Servicemembers Civil Relief Act currently is available for Reserve and National Guard other National Service Life Insurance sub- protect veterans from mortgage foreclosure; members for active and inactive duty train- funds. This would allow administrative costs and (4) a description and assessment of the ing periods. To be covered in an amount less to be provided from Veterans Insurance and adequacy of the VA home loan guaranty pro- than the maximum, or to decline coverage Indemnities and not General Operating Ex- gram in preventing foreclosure for recently altogether, a member must make a written penses in Function 700 of the Budget of the separated veterans. The report would be due election to that effect. Coverage amounts United States Government. to the Committees on Veterans’ Affairs of may be reduced in multiples of $10,000. A House Bill the Senate and the House of Representatives member may also name, at any time, one or no later than December 31, 2009. more beneficiaries of his or her choice. Deci- The House Bills contain no comparable House Bill sions concerning coverage amounts and des- provision. ignation of beneficiaries are made at the sole Compromise Agreement The House Bills contain no comparable provisions. discretion of members insured under SGLI. Section 404 of the Compromise Agreement The Veterans’ Insurance Act of 1974, Public follows the Senate language. Compromise Agreement Law 93–289, established a new program of Section 502 of the Compromise Agreement Title V—Housing Matters post-separation insurance known as Vet- follows the Senate language. erans Group Life Insurance (VGLI). Like TEMPORARY INCREASE IN MAXIMUM LOAN GUAR- REQUIREMENT FOR REGULAR UPDATES TO HAND- SGLI, VGLI is supervised by VA but admin- ANTY AMOUNT FOR CERTAIN HOUSING LOANS BOOK FOR DESIGN FURNISHED TO VETERANS istered by Prudential. VGLI provides for the GUARANTEED BY SECRETARY OF VETERANS ELIGIBLE FOR SPECIALLY ADAPTED HOUSING post-service conversion of SGLI to a renew- AFFAIRS ASSISTANCE BY SECRETARY OF VETERANS AF- able term policy of insurance. Persons eligi- Current Law FAIRS ble for full-time coverage include former servicemembers who were insured full-time Section 3703 of title 38 stipulates the max- Current Law under SGLI and who were released from ac- imum loan guaranty amounts that VA will Section 2103 of title 38 authorizes VA to tive duty or the Reserves, Ready Reservists provide to veterans under its home loan provide, without cost, model plans and speci- who have part-time SGLI coverage and who guaranty program. Public Law 108–454 in- fications of suitable housing units to dis- incur certain disabilities during periods of creased VA’s maximum guaranty amount to abled veterans eligible for specially adapted active or inactive duty training, and mem- 25 percent of the Freddie Mac conforming housing under chapter 21 of title 38. Pursu- bers of the Individual Ready Reserve and In- loan limit determined under section 305(a)(2) ant to this authority, the VA published, in active National Guard. Like SGLI, VGLI is of the Federal Home Loan Mortgage Cor- April 1978, Pamphlet 26–13, ‘‘Handbook for issued in multiples of $10,000 up to the max- poration Act for a single family residence, as Design: Specially Adapted Housing.’’ imum coverage amount, but in no case can adjusted for the year involved. The Eco- House Bill nomic Stimulus Act of 2008 (Stimulus Act), VGLI coverage exceed the amount of SGLI Section 1 of H.R. 5664 would amend section Public Law 110–185, temporarily reset the coverage a member had in force at the time 2103 of title 38 to direct the Secretary to up- maximum limits on home loans that the of separation from active duty service or the date at least once every six years the plans Federal Housing Administration (FHA) may Reserves. and specifications for specially adapted insure and that Fannie Mae and Freddie Mac Senate Bill housing furnished to veterans by VA. may purchase on the secondary market to Section 503 of S. 3023, as amended, includes Senate Bill numerous amendments to SGLI. 125 percent of metropolitan-area median Subsection (a) of section 503 would extend home prices, but did so without reference to The Senate Bills contain no comparable full-time and family SGLI coverage to Indi- the VA home loan program. This had the ef- provision. vidual Ready Reservists (IRRs), those indi- fect of raising the Fannie Mae, Freddie Mac, Compromise Agreement viduals referred to in section 1965(5)(C) of and FHA limits to nearly $730,000, in the Section 503 of the Compromise Agreement title 38. This group of individuals volunteer highest cost areas, while leaving the then- follows the House language. VA limit of $417,000 in place. for assignment to a mobilization category in ENHANCEMENT OF REFINANCING OF HOME LOANS On July 30, 2008, the Housing and Economic the Individual Ready Reserve, as defined in BY VETERANS section 12304(i)(1) of title 10. The Veterans’ Recovery Act of 2008 was signed into law as Current Law Survivor Benefits Improvement Act of 2001, Public Law 110–289. That law provided a tem- Public Law 107–14, provided SGLI coverage porary increase in the maximum guaranty Under section 3703(a)(1)(A)(i)(IV) of title 38, for Ready Reservists, referred to in section amount for VA loans originated from July the maximum VA home loan guaranty limit 1965(5)(B), but not to IRRs. 30, 2008, through December 31, 2008, to the for most loans in excess of $144,000 is equal to Subsection (b) of section 503 would provide same level as provided in the Stimulus Act. 25 percent of the Freddie Mac conforming that a dependent’s SGLI coverage would ter- Senate Bill loan limit for a single family home. Public minate 120 days after the date of the mem- Law 110–289 set this value at approximately Section 201 of S. 3023, as amended, in a ber’s separation or release from service, $182,437 through the end of 2008. This means freestanding provision, would apply the tem- rather than 120 days after the member’s lenders making loans up to $729,750 will re- porary increase in the maximum guaranty SGLI terminates. ceive at least a 25 percent guaranty, which is Subsection (c) of section 503 would clarify amount, enacted in Public Law 110–289, until typically required to place the loan on the that VA has the authority to set premiums December 31, 2011. secondary market. Under current law, this for SGLI coverage for the spouses of Ready House Bill does not include regular refinance loans. Reservists based on the spouse’s age. Section 203 of H.R. 6832 would amend sec- Section 3703(a)(1)(B) of title 38 limits to Subsection (d) of section 503 would clarify tion 2201 of Public Law 110–289 by striking $36,000 the guaranty that can be used for a that any person guilty of mutiny, treason, ‘‘December 31, 2008’’ and inserting ‘‘Decem- regular refinance loan. This restriction spying, or desertion, or who, because of con- ber 31, 2011’’. means a regular refinance over $144,000 will scientious objections, refuses to perform result in a lender not receiving 25 percent service in the Armed Forces or refuses to Compromise Agreement backing from VA. In this situation, the lend- wear the uniform of the Armed Forces, for- Section 501 of the Compromise Agreement er is less likely to make the loan to the vet- feits all rights to VGLI. follows the Senate language. eran. This situation essentially precludes a

VerDate Aug 31 2005 05:14 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.138 S02OCPT1 rfrederick on PROD1PC67 with SENATE S10454 CONGRESSIONAL RECORD — SENATE October 2, 2008 veteran from being able to refinance his or mittees’ expectation that the next Adminis- they have served an aggregate of five years her existing FHA or conventional loan into a tration will begin vetting candidates for the of recall service. VA guaranteed loan if the loan is greater additional judgeships as soon as practicable House Bill than $144,000. so that by the effective date of this provi- The House Bills contain no comparable Under section 3710(b)(8) of title 38, VA is sion, December 31, 2009, Congress might provision. also precluded from refinancing a loan if the begin considering nominations to the Court. homeowner does not have at least ten per- Compromise Agreement PROTECTION OF PRIVACY AND SECURITY cent equity in his or her home. Section 603 of the Compromise Agreement CONCERNS IN COURT RECORDS Senate Bill follows the Senate language. Current Law Section 202 of S. 3023, as amended, would ANNUAL REPORTS ON WORKLOAD OF THE UNITED Current law, section 7268(a) of title 38, pro- increase the maximum guaranty limit for re- STATES COURT OF APPEALS FOR VETERANS vides that ‘‘all decisions of the Court of Ap- finance loans to the same level as conven- CLAIMS peals for Veterans Claims and all briefs, mo- tional loans, which is 25 percent of the Current Law Freddie Mac conforming loan limit for single tions, documents, and exhibits received by the Court. . . shall be public records open to Chapter 72 of title 38 establishes the orga- family home. It would also increase the per- nization, jurisdiction, and procedures gov- centage of an existing loan that VA will refi- the inspection of the public.’’ Section 7268(b)(1) provides that ‘‘[t]he Court may erning the CAVC. That chapter does not re- nance under the VA home loan program from quire the Court to provide Congress with an- 90 percent to 95 percent. make any provision which is necessary to prevent the disclosure of confidential infor- nual reports on its workload. House Bill mation, including a provision that any such Senate Bill Section 302 of H.R. 6832 contains identical document or information be placed under Section 404 of S. 3023, as amended, would language as the Senate bill with respect to seal to be opened only as directed by the add a section to chapter 72 to establish an increasing the maximum guaranty limit for Court.’’ refinance loans. In addition, section 302 annual reporting requirement for the CAVC. would increase the percentage of an existing Senate Bill The CAVC would be required to submit to loan that VA will refinance from 90 percent Section 402 of S. 3023, as amended, would the Committees on Veterans’ Affairs of the to 100 percent. amend section 7268 of title 38, so as to re- Senate and House of Representatives an an- nual report summarizing the workload of the Compromise Agreement quire the Court to prescribe rules, in accord- Court. Section 504 of the Compromise Agreement ance with section 7264(a) of title 38, to pro- tect privacy and security concerns relating The information required to be in the re- includes the language pertaining to the in- port would include the number of appeals, crease in the maximum guaranty limit for to the filing of documents, and the public availability of such documents, that are re- petitions, and applications for fees under the refinance loans that appears in both the Equal Access to Justice Act (EAJA) filed House and the Senate bills and follows the tained by CAVC or filed electronically. The rules prescribed by the Court would be re- with the Court. It would also include the House language with respect to the equity total number of dispositions by the Court as requirement. quired to be consistent, to the extent prac- ticable, with rules that address privacy and a whole, by the Clerk of the Court, by a sin- EXTENSION OF CERTAIN VETERANS HOME LOAN security issues throughout the Federal gle judge, by multi-judge panels, and by the GUARANTY PROGRAMS courts. full Court and the number of each type of Current Law disposition by the Court, including settle- House Bill Section 3707 of title 38 authorizes VA to ment, affirmation, remand, vacation, dis- conduct a demonstration project that offers The House Bills contain no comparable missal, reversal, grant, and denial. In addi- guaranties of adjustable rate mortgages provisions. tion, the required information would include (ARMs), loans with interest rates that Compromise Agreement the median time from filing an appeal to dis- change, and ‘‘hybrid’’ adjustable rate mort- Section 602 of the Compromise Agreement position by the Court as a whole, by the gages (hybrid ARMs), loans that carry a follows the Senate language. Clerk of the Court, by a single judge, or by fixed rate of interest for an initial period fol- multiple judges; the median time from the RECALL OF RETIRED JUDGES OF THE UNITED lowed by annual interest rate adjustments filing of a petition to disposition by the STATES COURT OF APPEALS FOR VETERANS thereafter. VA currently has authority to Court; the median time from filing an EAJA CLAIMS continue these demonstration projects application to disposition by the Court; and through the end of fiscal year 2008. Current Law the median time from completion of the Senate Bill Under section 7257 of title 38, retiring briefing requirements by the parties to dis- Section 203(a) of S. 3023, as amended, would CAVC judges make an election whether to be position by the Court. The report would also amend section 3707 of title 38 to extend VA’s recall eligible. If a judge chooses to be recall include the number of oral arguments held ARM and hybrid ARM programs through fis- eligible, the Chief Judge of the CAVC has the by the Court; the number of cases appealed cal year 2012. authority to involuntarily recall that judge to the United States Court of Appeals for the for up to 90 days per calendar year or, with Federal Circuit; the number and status of ap- House Bill the consent of the judge, to recall the judge peals, petitions, and EAJA applications Section 208 of H.R. 6832 contains identical for up to 180 days per calendar year. Under pending at the end of the fiscal year; the language. section 7296 of title 38, a recall-eligible re- number of cases pending for more than 18 Compromise Agreement tired judge receives annual pay equal to the months at the end of the fiscal year; and a Section 505 of the Compromise Agreement annual salary of an active judge (pay-of-the- summary of any service performed by re- includes this language. office) and that salary level is not impacted called retired judges during the fiscal year. Title VI—Court Matters by how much recall service is performed dur- In addition, the Court would be required to TEMPORARY INCREASE IN NUMBER OF AUTHOR- ing a year. provide an assessment of the workload of IZED JUDGES OF THE UNITED STATES COURT Senate Bill each judge of the Court, including consider- OF APPEALS FOR VETERANS CLAIMS Section 403 of S. 3023, as amended, would ation of the time required of each judge for Current Law modify the authorities for the recall of re- disposition of each type of case, the number of cases reviewed by the Court, and the aver- Under current law, section 7253(a) of title tired judges and the retirement pay struc- age workload of other Federal judges. 38, the United States Court of Appeals for ture. This section would repeal the 180–day Veterans Claims (CAVC) is limited to seven limit on how many days per calendar year a House Bill active judges. recall-eligible retired judge may voluntarily Section 201 of H.R. 5892, as amended, would Senate Bill serve in recall status. In addition, for judges add a section to chapter 72 to establish an Section 401 of S. 3023, as amended, would appointed on or after the date of enactment, annual reporting requirement for the CAVC. temporarily increase the number of active it would create a three-tiered retirement pay The CAVC would be required to submit to judges on the CAVC from seven to nine, ef- structure. Specifically, pay-of-the-office the Committees on Veterans’ Affairs of the fective December 31, 2009. Effective January would be reserved for judges who are actively Senate and House of Representatives an an- 1, 2013, no appointment could be made to serving, either as a judge of the Court or as nual report summarizing the workload of the Court if that appointment would result in a retired judge serving in recall status. When Court. The information required to be re- there being more judges of the Court than not serving in recall status, a recall-eligible ported would include the number of appeals the authorized number of judges of the Court retired judge would receive the rate of pay filed; the number of petitions filed; the num- specified in current law. applicable to that judge as of the date the ber EAJA applications filed; the number and judge retired, as increased by periodic cost- type of dispositions; the median time from House Bill of-living adjustments. A retired judge who is filing to disposition; the number of oral ar- The House Bills contain no comparable not recall eligible would receive the rate of guments; the number and status of pending provision. pay applicable to that judge at the time of appeals, petitions, and EAJA applications; a Compromise Agreement retirement. Finally, section 403 would ex- summary of any service performed by re- Section 601 of the Compromise Agreement empt current and future recall-eligible re- called retired judges; and the number of follows the Senate language. It is the Com- tired judges from involuntary recall once cases pending longer than 18 months.

VerDate Aug 31 2005 05:14 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.139 S02OCPT1 rfrederick on PROD1PC67 with SENATE October 2, 2008 CONGRESSIONAL RECORD — SENATE S10455 Compromise Agreement partment had contacted the estates of twen- Compromise Agreement Section 604 of the Compromise Agreement ty-two servicemembers who died while serv- Section 802 of the Compromise Agreement follows the Senate language. ing in either Operation Enduring Freedom or follows the Senate language. Operation Iraqi Freedom. Under the relevant ADDITIONAL DISCRETION IN IMPOSITION OF MAINTENANCE, MANAGEMENT, AND AVAIL- law in effect at that time, section 5302 of PRACTICE AND REGISTRATION FEES ABILITY FOR RESEARCH OF ASSETS OF AIR title 38, any veteran or active duty FORCE HEALTH STUDY Current Law servicemember indebted to VA due to the Under section 7285 of title 38, the CAVC is overpayment or erroneous payment of bene- Current Law authorized to impose a periodic registration fits was able to apply for a waiver from VA Legislation enacted as section 714 of the fee on individuals admitted to practice be- so as to remove the obligation to pay the John Warner National Defense Authorization fore the Court. The maximum amount of any debt. However, under that law, VA was re- Act for Fiscal Year 2007, Public Law 109–364, such fee is capped at $30 per year. That quired to notify the beneficiary, or his or her authorized the Air Force to transfer custody amount is significantly lower than other estate if the beneficiary was deceased, when of the data and biological specimens to the Federal courts generally charge. The Court an outstanding debt arose and to provide in- Medical Follow-Up Agency (MFUA). There is is also authorized to impose a registration formation on the right to apply for a waiver. no provision in current law for the mainte- fee on the individuals participating in the In an attempt to address this situation, the nance and management of the assets author- Court’s judicial conference. Supplemental Appropriations Act, 2008, Pub- ized to be transferred. Senate Bill lic Law 110–252, included a provision that Senate Bill Section 502 of S. 1315, as amended, would added a new section 5302A to title 38, which prohibits VA from collecting all or any part Section 805 of S. 1315, as amended, would strike the $30 cap on the amount of registra- ensure that the assets from the Air Force tion fees that may be charged to individuals of a debt owed to VA by a servicemember or veteran who dies as the result of an injury Health Study (AFHS) transferred to the admitted to practice before the Court. It also MFUA are maintained, managed and made would clarify that any registration fee incurred or aggravated in the line of duty while serving in a theater of combat oper- available to researchers. In order to ensure charged by the Court, either for those admit- that sufficient funds are made available for ted to practice before the Court or those par- ations in a war or in combat against a hos- tile force during a period of hostilities after this purpose, funding in the amount of ticipating in the judicial conference, must be $1,200,000 would be made available from VA reasonable. September 11, 2001. The Secretary is required to determine that termination of collection accounts available for Medical and Pros- House Bill is in the best interest of the United States. thetic Research in each fiscal year from 2008 through 2011. In addition, funding from the The House Bills contain no comparable Senate Bill provision. same source would be provided in the Section 601 of S. 3023, as amended, would Compromise Agreement amount of $250,000 for each year to conduct amend section 3711 of title 31 so as to grant additional research using the assets of the Section 605 of the Compromise Agreement VA discretionary authority to suspend or AFHS. Finally a report would be provided to follows the Senate language. terminate the collection of debts owed to it the Congress by March 31, 2011, concerning Title VII—Assistance To United States by individuals who die while serving on ac- the feasibility and advisability of conducting Paralympic Integrated Adaptive Sports tive duty in the Armed Forces. The author- additional research using these assets or dis- Program ity to suspend collection would cover all in- posing of them. DEPARTMENT OF VETERANS AFFAIRS PROVISION dividuals who die while serving on active In the late 1970’s, Congress urged the DOD OF ASSISTANCE TO UNITED STATES duty as a member of the Army, Navy, Air to conduct an epidemiologic study of vet- PARALYMPICS, INC. AND DEPARTMENT OF VET- Force, Marine Corps, or Coast Guard during erans of ‘‘Operation Ranch Hand,’’ the mili- ERANS AFFAIRS OFFICE OF NATIONAL VET- a period when the Coast Guard is operating tary units responsible for aerial spraying of ERANS SPORTS PROGRAMS AND SPECIAL as a service in the Navy. herbicides during the Vietnam War. In re- Section 601 of S. 3023, as amended, also in- EVENTS sponse, the AFHS was initiated in 1982 to ex- cludes a freestanding provision that would Current Law amine the effects of herbicide exposure and permit VA to provide an equitable refund to health, mortality, and reproductive out- Section 521 of title 38 authorizes the Sec- any estate from which it collected a debt comes in veterans of Operation Ranch Hand. retary to assist certain organizations in pro- that it otherwise would have waived had this The study is noteworthy for the amount of viding recreational activities which would provision been in effect at the time. VA data and biological specimens collected. It further the rehabilitation of disabled vet- would have the discretion to determine in cost over $143 million and was concluded in erans. which cases, if any, the use of this authority 2006. House Bill would be appropriate. The Senate bill would require VA to pro- Section 3 of H.R. 4255, as amended, would House Bill vide funding during fiscal years 2008 through authorize the Secretary to provide assist- The House Bills contain no comparable 2011 for the purposes recommended by IOM in ance to the Paralympic Program of the provision. the Disposition of the AFHS report. United States Olympic Committee (USOC). Compromise Agreement House Bill Section 4 of H.R. 4255, as amended, would Section 801 of the Compromise Agreement The House Bills contain no comparable establish the Department of Veterans Affairs follows the Senate language. provision. Office of National Veterans Sports Programs and Special Events. THREE-YEAR EXTENSION OF AUTHORITY TO Compromise Agreement CARRY OUT INCOME VERIFICATION Senate Bill Section 803 of the Compromise Agreement Current Law The Senate Bills contain no comparable follows the Senate language. provision. Section 6103(l)(7)(D)(viii) of title 26 author- NATIONAL ACADEMIES STUDY ON RISK OF DE- izes the release of certain income informa- Compromise Agreement VELOPING MULTIPLE SCLEROSIS AS A RESULT tion by the Internal Revenue Service (IRS) OF CERTAIN SERVICE IN THE PERSIAN GULF Title VII of the Compromise Agreement or the Social Security Administration (SSA) WAR AND POST–9/11 GLOBAL OPERATIONS THE- generally follows the House language. It to VA for the purposes of verifying the in- ATERS makes the authority to provide assistance to comes of applicants for VA needs-based bene- Current Law the Paralympic Program of the USOC a four- fits, including pensions for wartime veterans year pilot program instead of a permanent and compensation for Individual Under current law, veterans gain eligi- program and makes it clear that the agree- Unemployability. Section 5317(g) of title 38 bility for disability benefits by dem- ment entered into is between VA and United provides VA with temporary authority to ob- onstrating a link between their disability States Paralympics, Inc. The Compromise tain and use this information in order to en- and their active military, naval, or air serv- Agreement makes it clear that the United sure that those receiving benefits under ice. To establish such a link, the veteran States Paralympics, Inc., shall continue to these income-programs are not earning a must show, generally, that his or her dis- seek private sponsorship and donors. It fur- greater annual income than the law permits. ability resulted from an injury or disease ther provides for the Comptroller General of This temporary authority will expire on Sep- that was incurred or aggravated during the the United States to provide a report to the tember 30, 2008. time of military service. In addition to disabilities that can be di- Congress after three years. Senate Bill Title VIII—Others Matters rectly linked to service, certain diagnosed Section 603 of S. 3023, as amended, would diseases are presumed, as a matter of law, to AUTHORITY FOR SUSPENSION OR TERMINATION extend VA’s authority to obtain income in- be service-connected if they manifest under OF CLAIMS OF THE UNITED STATES AGAINST formation from the IRS or the SSA until conditions specified by statute. For example, INDIVIDUALS WHO DIED WHILE SERVING ON AC- September 30, 2011. section 1112, title 38, provides a presumption TIVE DUTY IN THE ARMED FORCES House Bill for certain chronic diseases if manifested to Current Law Section 206 of H.R. 6832 would extend VA’s a degree of disability of 10 percent or more In January 2008, VA disclosed that, in an authority to obtain income verification from within one year of separation from service, attempt to collect debts owed to VA, the De- the IRS or the SSA until September 30, 2010. for certain tropical diseases if manifested to

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a degree of disability of 10 percent or more, cept that it also includes a provision allow- AUTHORITY OF SECRETARY OF VETERANS AF- generally, within one year of separation ing servicemembers to suspend or terminate FAIRS TO ADVERTISE TO PROMOTE AWARENESS from service, and for active tuberculosis or cellular phone contracts if they receive or- OF BENEFITS UNDER LAWS ADMINISTERED BY Hansen’s disease if manifested to a degree of ders for a permanent change of duty station. THE SECRETARY disability of 10 percent or more within three CONTRACTING GOALS AND PREFERENCES FOR Current Law years of separation from service. VETERAN-OWNED SMALL BUSINESS CONCERNS In 1962, Public Law 87–645 extended the pe- The Anti-Deficiency Act, section 1341 of riod of time after separation from service Current Law title 5, prohibits the use of appropriated funds for publicity or propaganda purposes. that a diagnosis of multiple sclerosis may be Section 502 and 503 of Public Law 109–461, presumed to be service-connected from three Section 404 of Public Law 110–161, the Con- the Veterans Benefits, Health Care, and In- solidated Appropriations Act of 2008, rein- to seven years for veterans with wartime formation Technology Act of 2006, require service. forced this prohibition stating: VA to provide certain contracting pref- No part of any funds appropriated in this Senate Bill erences to small businesses owned by vet- Act shall be used by an agency of the execu- Section 806 of S. 1315, as amended, would erans and service-disabled veterans. tive branch, other than for normal and rec- require VA to enter into a contract with the House Bill ognized executive-legislative relationships, IOM to conduct a comprehensive epidemio- Section 2 of H.R. 6221, as amended, would for publicity or propaganda purposes, and for logical study to identify any increased risk the preparation, distribution or use of any of developing multiple sclerosis, and other amend section 8127 of title 38 to require the Secretary to include in each contract the kit, pamphlet, booklet, publication, radio, diagnosed neurological diseases, as a result television, or film presentation designed to of service in the Southwest Asia theater of Secretary enters with an agent acting on VA’s behalf for the acquisition of goods and support or defeat legislation pending before operations or in the Post 9/11 Global Oper- Congress, except in presentation to Congress ations theaters. The Southwest Asia theater services a provision that requires the agent to comply with the contracting goals and itself. of operations is defined in section 3.3317 of Although executive branch departments title 38, Code of Federal Regulations. The preferences for small business concerns and agencies are prohibited from using ap- Post 9/11 Global Operations theater is defined owned or controlled by veterans set forth in propriated funds to engage in ‘‘publicity or as Afghanistan, Iraq, or any other theater sections 502 and 503 of Public Law 109–461. propaganda,’’ there is no such prohibition for which the Global War on Terrorism Expe- Senate Bill against disseminating information about ditionary Medal is awarded for service. The mandated study would examine the in- The Senate Bills contain no comparable current benefits, policies, and activities. cidence and prevalence of diagnosed neuro- provision. Military recruiting advertising campaigns logical diseases, including multiple sclerosis, Compromise Agreement are a primary example of an acceptable use of appropriated funds. Parkinson’s disease, and brain cancers, as Section 806 of the Compromise Agreement House Bill well as central nervous abnormalities, in generally follows the House language except members of the Armed Forces who served that it would apply, to the maximum extent Section 2 of H.R. 3681 would add a new sec- during the Persian Gulf War period and feasible, only to contracts entered into after tion 532 to title 38 authorizing the Secretary Post–9/11 Global Operations period. The December 31, 2008. to advertise in national media to promote study would also collect information on pos- awareness of benefits under laws adminis- sible risk factors, such as exposure to pes- PENALTIES FOR VIOLATION OF INTEREST RATE tered by the Secretary. LIMITATION UNDER SERVICEMEMBERS CIVIL ticides and other toxic substances. IOM Senate Bill would be required to submit a final report to RELIEF ACT The Senate Bills contain no comparable VA and the appropriate committees of Con- Current Law gress by December 31, 2012. provision. The SCRA provides that penalties under Compromise Agreement House Bill title 18 may be imposed against anyone who The House Bills contain no comparable knowingly takes part in or attempts to vio- Section 809 of the Compromise Agreement provision. late certain applicable protections. follows the House language. Compromise Agreement MEMORIAL HEADSTONES AND MARKERS FOR DE- House Bill Section 804 of the Compromise Agreement CEASED REMARRIED SURVIVING SPOUSES OF generally follows the Senate language. Section 5 of H.R. 6225 would amend section VETERANS 207 of the SCRA by placing a fine of $5,000 TERMINATION OR SUSPENSION OF CONTRACTS Current Law and $10,000 on any individual or organization, FOR CELLULAR TELEPHONE SERVICE FOR CER- Section 2306(b)(4)(B) of title 38 authorizes respectively, who knowingly violates certain TAIN SERVICEMEMBERS VA to furnish an appropriate memorial head- SCRA rights of a servicemember. It would stone or marker to commemorate eligible in- Current Law further provide for attorney fees and treble dividuals whose remains are unavailable. In- The Servicemembers Civil Relief Act damages in certain cases. (SCRA), currently found in the appendix to dividuals currently eligible for memorial title 50, beginning at section 501, is intended Senate Bill headstones or markers include a veteran’s to provide for the temporary suspension of The Senate Bills contain no comparable surviving spouse, which is defined to include judicial and administrative proceedings and provision. ‘‘an unremarried surviving spouse whose sub- sequent remarriage was terminated by death transactions that may adversely affect the Compromise Agreement civil rights of servicemembers during their or divorce.’’ Thus, a surviving spouse who re- military service. Title III of the SCRA ex- Section 807 of the Compromise Agreement married after the veteran’s death is not eli- tends the right to terminate real property follows the House language to add penalties gible for a memorial headstone or marker leases to active duty servicemembers on de- in section 207 of the SCRA. unless the remarriage was terminated by ployment orders of at least 90 days. It also FIVE-YEAR EXTENSION OF SUNSET PROVISION death or divorce before the surviving spouse allows for the termination of automobile FOR ADVISORY COMMITTEE ON MINORITY VET- died. However, a surviving spouse who re- leases for use by servicemembers and their ERANS married after the veteran’s death is eligible for burial in a VA national cemetery without dependents on military orders outside the Current Law continental United States for a period of 180 regard to whether any subsequent remar- days or more. Section 544 of title 38 required the Sec- riage ended. Senate Bill retary to establish an Advisory Committee Senate Bill on Minority Veterans. Under section 544(e) of Section 804 of S. 1315, as amended, would title 38, the Committee will cease to exist on Section 602 of S. 3023, as amended, would expand the SCRA to allow for the termi- December 31, 2009. extend eligibility for memorial headstones nation or suspension, upon request, of the or markers to a deceased veteran’s remarried cellular telephone contracts of House Bill surviving spouse, without regard to whether servicemembers deployed outside the United Section 1 of H.R. 674 would repeal the sun- any subsequent remarriage ended. States. set date on the Advisory Committee on Mi- House Bill House Bill nority Veterans. The House Bills contain no comparable Section 4 of H.R. 6225, as amended, would Senate Bill provision. extend the SCRA protections to enable servicemembers with deployment orders to The Senate Bills contain no comparable Compromise Agreement terminate or suspend service contracts with- provision. Section 810 of the Compromise Agreement out fee or penalty for such services as cel- Compromise Agreement follows the Senate language. lular phones, utilities, cable television, or Section 808 of the Compromise Agreement f internet access. would extend the sunset date on the Advi- OBJECTION TO DISCHARGE Compromise Agreement sory Committee on Minority Veterans for Section 805 of the Compromise Agreement five years from the current date of expira- Mr. GRASSLEY. Mr. President, as generally follows the Senate language, ex- tion, until December 31, 2014. the ranking Republican of the Finance

VerDate Aug 31 2005 05:14 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.143 S02OCPT1 rfrederick on PROD1PC67 with SENATE October 2, 2008 CONGRESSIONAL RECORD — SENATE S10457 Committee acting on behalf of a num- appointing that my friends on the patient services. Earlier this year, Con- ber of Republicans on the Finance other side of the aisle did not work to- gress placed moratoriums on 6 other Committee, I am objecting to dis- gether with us to develop a bipartisan proposed Medicaid regulations. Just as charging S. 3656 from the committee. bill and that the committee is not in a I opposed those moratoriums, I strong- While there are several provisions in position at this time to consider these ly oppose this one as well. The Finance the bill I personally strongly support, important issues properly. I am very Committee has not held the first hear- there are many problems in this bill pleased, however, that a key issue for ing as to why a delay in this regulation and questions that have been raised rural health centers in the proposal has is justified. The Finance Committee about this bill. In addition, this bill already been addressed through a pro- has not considered whether payments has not come before the committee and vision that was included in the Health currently being made by some states to the issues it addresses have not had the Care Safety Net Act. That provision hospitals for outpatient services are benefit of hearings or any committee changes the CMS certification period being made consistent with the statu- action. As a result, I cannot support for shortage area designations from 3 tory rules governing the upper pay- this bill being discharged from the to 4 years in order to align the CMS ment limit. The CMS regulation in committee at this time. certification period for shortage area question was intended to clarify what One of the provisions in S. 3656 that designations with the Health Resources payments from States to hospitals are I personally support would delay imple- and Services Administration’s, allowable. We should not simply place menting provisions of a CMS proposed HRSA’s, designation review period. I a moratorium on this regulation with- rule that would change conditions of want to thank Senators ORRIN HATCH, out the committee properly inves- participation for rural health clinics PAT ROBERTS, GORDON SMITH, TOM tigating the issue first. Medicaid is a and decertify clinics that are no longer HARKIN, RON WYDEN, KENT CONRAD, and critical program for children, pregnant in nonurbanized areas. The provision JOHN BARASSO for championing the res- women, the disabled, and the elderly. would also delay the proposed changes olution of this important issue and We have a responsibility to the people to the existing payment methodology Senator MAX BAUCUS for working to- who depend on the program to make for rural health clinics and Federally gether with me to facilitate its inclu- sure that funds are being appropriately qualified health centers. sion in the Health Care Safety Net Act. spent. Placing a moratorium on these The CMS proposed rule would impose And, of course, I want to again thank regulations without fully exploring new location requirements for RHCs Senators KENNEDY and ENZI for work- these issues in the committee first is and require that clinics be located in a ing with us on this issue. Thanks to not consistent with that responsibility. nonurbanized area, as defined by the this bipartisan collaborative effort, This bill also would intervene in a U.S. Census Bureau, as well as meet that bill with the RHC provision in it dispute between CMS and the State of shortage area designation require- has now passed both Chambers and is California. The State of California has ments. Only new RHCs applying for the on its way to being signed into law. been seeking approval of an extension program are currently required to meet Another provision in S. 3656 would of their family planning waiver for 6 these criteria, but the CMS proposal prevent the application of a CMS pol- years. For 6 years, CMS has been urg- would extend these requirements to al- icy to phase out a payment adjustment ing California to improve their collec- ready certified RHCs. According to for indirect medical education, IME, tion of Social Security numbers and CMS, about 500 of the approximately under the Medicare capital Inpatient citizenship documentation for women 3,700 RHCs operating today may not Prospective Payment System, IPPS. enrolled in the program. Given the con- meet these requirements. Rural clinics Currently, teaching hospitals receive cerns that have been raised about non- in Iowa and elsewhere could also be se- this upward payment adjustment under citizens receiving benefits to which verely impacted by the CMS proposed the capital IPPS. CMS announced in they are not entitled, this provision payment changes since RHC costs in the fiscal year 2008 Medicare Hospital raises a number of serious concerns. Iowa and other States are already IPPS final rule that they would begin This bill would essentially require CMS higher than the existing Medicare re- to phase out the IME adjustment for to approve of the extension of Califor- imbursement cap. capital IPPS in fiscal year 2009. nia’s waiver without requiring Cali- Iowa is currently in the throes of a As the former chair and currently fornia to fulfill their obligation to im- growing shortage of physicians, espe- the ranking member of the Senate Fi- prove their process of ensuring that cially in the more rural areas of the nance Committee, it has long been one people who receive benefits are actu- State, due to inequitable geographic of my priorities to ensure Medicare ally eligible for those benefits. adjustments in physician payment that payments are both accurate and equi- In addition, this bill does nothing to result in Iowa physicians receiving table. I question whether this proposed assist ‘‘tweener hospitals,’’ which are some of the lowest Medicare payments change to IME payments would further hospitals that are too large to be crit- in the country even though they pro- this goal, which many of us share. ical access hospitals but too small to vide some of the highest quality care. The appropriateness of the IME cap- be financially viable under Medicare’s These geographic payment disparities, ital IPPS adjustment has been ana- prospective payment systems. I con- which discriminate against rural areas, lyzed extensively not only by CMS, but sider this to be a high priority because have further exacerbated the problems also by the Medicare Payment Advi- so many seniors in Iowa rely on these of access to care for beneficiaries in sory Commission, MedPAC, which ad- tweener hospitals for vitally needed rural areas. vises Congress on Medicare payment health care services in rural areas of The CMS proposed rule could have a issues. CMS has documented relatively our State. If the Senate is going to severe adverse impact on a number of high and continued positive margins consider Medicare legislation that is rural health clinics in Iowa, including for teaching hospitals under the capital along the size and scope of the provi- many located in counties that have IPPS compared to nonteaching hos- sions proposed in S. 3656, including pro- been declared disaster areas from the pitals. In fact, from 1998 through 2006, visions to address the problems severe flooding Iowa suffered earlier teaching hospitals had an aggregate tweener hospitals face is a must. this year. If the CMS rule is finalized positive capital IPPS margin of 11.2 I understand that legislation is often as proposed, rural health clinics in percent while nonteaching hospitals the art of compromise. We can’t always Iowa and elsewhere may be forced to had an aggregate capital IPPS margin get everything we want in every bill close their doors, even though they of ¥0.8 percent. Based on those figures, and keep everything we dislike out. It have served rural populations very well it leaves open the question of whether is a balance. This bill is currently for many years, leaving Iowa with the proposed change to IME payments pending before the Finance Committee, fewer physicians and some patients is not justified. Certainly this is some- and it raises significant issues of Medi- with little access to primary care and thing the Finance Committee should care and Medicaid payment policies. other critical medical services. explore further. The Finance Committee has not held As you can see, these provisions for S. 3656 also proposes to establish a hearings on these issues nor has it rural health centers are important, moratorium on a CMS rule regarding given these important issues proper which makes it all the more dis- Medicaid payments for hospital out- consideration. Without allowing the

VerDate Aug 31 2005 05:14 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.047 S02OCPT1 rfrederick on PROD1PC67 with SENATE S10458 CONGRESSIONAL RECORD — SENATE October 2, 2008 committee process to work, this bill already cosponsored the SMART Act, PETE DOMENICI has not been subject to the rigorous which was crafted by the ranking mem- Ms. MURKOWSKI. Mr. President, at analysis and debate that the legislative ber of the Energy Committee, Senator the risk of embarrassing him, I want to process should require to avoid unin- DOMENICI, and cosponsored by Senator take a moment to say how vital Sen- tended consequences and poor decision- SESSIONS and others, since the two bills ator DOMENICI has been in solving most making. This process should be per- work together to set up the policy and of the nuclear puzzle. He really led the mitted to take place before legislation the management structure to improve rebirth of the nuclear industry and I of this magnitude is sent to the full how we handle the waste that nuclear want to say how much I will miss him Senate. That is the committee’s role powerplants generate. since he has been a prime mover in the and it is an important one. While it is obviously too late in this effort to bring about a new nuclear age If the full Senate were to routinely session of Congress for either bill to ad- in this country. bypass the Finance Committee and vance, I want to say that I am cer- As most of you know Senator DOMEN- consider major Medicare bills like this tainly intending to help reintroduce ICI has served 36 years in the Senate. one that have not been processed by both bills next year and in working But some of you may not know that he the members of the committee, then next session to merge them into a com- gave up a promising career in baseball nothing would prevent the Senate from prehensive plan to recycle and then to become a public servant. He started legislating on other Medicare and Med- properly store the remaining waste playing when he was 10, eventually icaid issues without the benefit of that results from nuclear power pro- pitching for a minor league team called hearings or committee action. Occa- duction. the Albuquerque Dukes. But he left sionally, the committee does process baseball to become a math and science extensions of current law and smaller, I am interested in working on these teacher at Garfield Junior High in his generally technical bills through a bills because I care about reducing native State of New Mexico, later went more informal committee process, but greenhouse gases. And nuclear power is onto law school and ran for the U.S. it is a committee process nonetheless. the best proven technology to produce Senate in 1972. And he’s been here ever If the committee is routinely bypassed power for this country without pro- since. entirely and not allowed to perform its ducing any carbon emissions. For any- About a dozen years ago the Senator vital role in the legislative process, it one serious about tackling carbon realized that this Nation desperately would be almost impossible to cope emissions, finding a way to grow the needed a new source of electricity. He with the number and assortment of next generation of nuclear power is realized that there are higher uses for Medicare, Medicaid, and other issues vital. high-priced natural gas than to burn it that would come directly to the Senate Today nuclear energy provides about for power generation, and that until floor in bills like S. 3656. To avoid that 20 percent of the Nation’s electricity. carbon capture and storage can be per- result is why the Senate has commit- As Senator VOINOVICH may have men- fected and widely practiced that the tees in the first place. tioned those 104 operating powerplants expansion of coal-fired power might Just an initial review of this legisla- save America from producing about 681 have environmental drawbacks. So he tion today produces more questions million metric tons a year of carbon di- crafted the forerunner of policies that than answers and many obvious and se- oxide. If we are going to deal with glob- today make up the Nuclear Power 2010 rious concerns. It is disappointing that al warming, we must find a way not program, which is designed to have the some of the important provisions in just to keep nuclear power going, but Government partner with industry to this bill, like the rural health center also growing to help meet this Nation’s approve the design and speed the li- provisions and IME policy, are pack- growing thirst for electricity. censing of the next generation of power aged into a bill that has not been pre- I was in France in late June and plants that absolutely preclude the sented in a timely way or brought be- toured the French nuclear waste recy- type of radiation accident that hap- fore the committee for appropriate cling facilities at LaHague. Recycling pened three decades ago at Three Mile consideration, debate, and amendment. allows you to gain twice as much nu- Island. Just a quick review of this bill today clear power from a given amount of He has been the sponsor of the loan quickly reveals, in any case, that both uranium ore. More importantly, it cuts guarantees, the architect of reauthor- in terms of process and policy, this bill substantially the amount and the half- izing a responsible liability program does not sufficiently achieve a balance life, and in some cases, the toxicity of and the person most responsible for I think is necessary, and I must, on be- the waste that you later have to store. harnessing the research capacities of half of myself and other members of That is important for the environment. America to breathe life into the re- search and nuclear construction sec- the committee, object to discharging In these two bills, the Nuclear Fuel S. 3656 from committee for consider- tors. One news outlet called him ‘‘the Management Corp. will set up a Gov- nuclear renaissance man.’’ And he is ation by the full Senate. ernment corporation to take authority f recognized by all as the driving force to manage spent nuclear fuel and pro- behind the industry’s resurgence. NUCLEAR POWER vide both interim storage, the develop- But he has done so much more. His Ms. MURKOWSKI. Mr. President, I ment of geologic repositories, such as work on the Energy Policy Act of 2005 don’t want to repeat what has already the Yucca Mountain facility currently and on last year’s Energy Independence been said by Senator VOINOVICH re- under consideration, and also to handle and Security Act were landmarks in bi- cently, but I do want to explain why I the construction and operation of any partisan legislating. He helped renew- am cosponsoring legislation designed reprocessing and fuel fabrication facili- able and alternative energy, from wind to tackle in a comprehensive way the ties. and solar to biomass, and especially biggest issue still outstanding in our The SMART bill is designed to fur- biofuels to develop, helping create efforts to revitalize nuclear power for ther the process of siting and advanc- Clean Renewable Energy Bonds to pay this Nation, that being how we handle ing the construction of up to two re- for the construction of renewable en- the waste. processing plants, since it would help ergy plants. During the bills he ref- I also want to talk about the retire- to encourage cities in this country to ereed more policy disputes and gen- ment of the ranking member of the welcome such plants. These bills, per- erated more compromises than I have Senate Energy Committee, Senator haps pared with one introduced last time to mention. PETE DOMENICI, who I will so deeply year to remove some potential regu- But he also was the sponsor of so miss in the future. latory hurdles to construction and much other landmark legislation dur- Concerning the nuclear bill, I am co- opening of a Yucca Mountain reposi- ing his storied career. One bill finally sponsoring the U.S. Nuclear Fuel Man- tory, would effectively amount to a passed the Senate earlier this week to agement Corporation Establishment comprehensive solution to the waste require parity for mental health treat- Act that has been crafted by Senator issue. They would be the final pieces to ment benefits. As Senate budget chair- VOINOVICH, with Senator SESSIONS and the puzzle. That is the case because of man, he helped set up the Nation’s a number of other Senators, and I have the efforts of Senator PETE DOMENICI. budgeting system, which was still

VerDate Aug 31 2005 05:14 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.048 S02OCPT1 rfrederick on PROD1PC67 with SENATE October 2, 2008 CONGRESSIONAL RECORD — SENATE S10459 working well when he assumed the impractical given their frequent use in ulatory system. As the hearings held chairmanship of the Energy Committee a fast-paced global environment. To by the Permanent Subcommittee on in 2003. protect tens of thousands of employees Investigations, which I chair, have PETE DOMENICI’s legacy has inspired and their employers from potential au- demonstrated, this charade is also a so many of us and his retirement will dits and tax liability, we should pass breeding ground for tax abuse, draining leave some pretty big shoes for us all legislation as soon as possible next our system of billions of dollars in to fill. I will miss the Senator’s smile, year to fix this problem. needed tax revenues. as well as his lighthearted and joyful Mr. ENSIGN. I want to join my dis- In his article, Mr. Morgenthau re- presence. He is known as a man, who is tinguished colleague from Massachu- minds us that the supervisory and safe- firm in his convictions, but gracious in setts and express my hope that legisla- ty mechanisms that have been estab- his negotiations. He is an example of a tion can be passed early next year to lished to protect our citizens and their true statesman who has served his fix the out-dated tax treatment of em- savings are dependent on transparency country well. ployer-provided cell phones. The bill he and strong regulatory vigilance. So is I will truly miss him. I could say a and I have introduced has broad bipar- our tax system. When funds are hidden lot more, but I clearly am out of time. tisan support with over 60 cosponsors. in offshore jurisdictions that promote f Similar legislation has already passed secrecy and weak regulatory standards, the House. And both Treasury and the and the funds are controlled by entities GULF COAST HOSPITAL IRS are supportive of the fix. Thus, that claim they are not subject to our APPROPRIATIONS Senator KERRY and I would like to ask regulatory system, the safety net that Mr. COCHRAN. Mr. President, as I the distinguished chairman and rank- we have established cannot function to mentioned earlier this week, I have se- ing member of the Finance Committee, provide our citizens the security it was rious concerns about the way the ap- for their help in passing this legisla- designed to offer. propriations process was handled this tion early next year. While we have voted on a plan to al- year. One of my greatest concerns was Mr. BAUCUS. I want to thank my leviate the current crisis, we have a lot the removal from the Consolidated Se- distinguished colleagues from Massa- more work to do to rectify the root curity, Disaster Assistance, and Con- chusetts and Nevada for raising this causes of this problem. As Mr. Morgen- tinuing Appropriations Act of $350 mil- issue with us. I want to assure them thau points out, the abuse of offshore lion to aid Mississippi and Louisiana that we are aware of this problem and jurisdictions by financial institutions hospitals with problems they continue we will work with our colleagues to must be high on that agenda, and I to face from the devastation of Hurri- consider legislation to eliminate the look forward to addressing this matter cane Katrina. This funding was ex- burden for employees and employers as in the next Congress. tremely important to these hospitals early as possible. Mr. President, I ask unanimous con- to be able to retain the workforce need- Mr. GRASSLEY. I also want to join sent to have the opinion piece to which ed to address the health concerns of the chairman and express my intent to I referred printed in the RECORD. the area. I was pleased, however, to have the committee consider legisla- There being no objection, the mate- learn that the majority had increased tion that addresses this problem as rial was ordered to be printed in the the amount of funding available under soon as we can. We should not be im- RECORD, as follows: the Social Service block grant program posing unreasonable rules on employ- [From the Wall Street Journal, Sept. 30, specifically for this purpose. It is my ees’ use of cell phones and black- 2008] understanding that the House Appro- berries. TOO MUCH MONEY IS BEYOND LEGAL REACH’ priations Committee included an addi- Mr. KERRY. Senator ENSIGN and I (By Robert M. Morgenthau) tional $288 million under the program want to thank the distinguished chair- A major factor in the current financial cri- to help assist these hospitals. It is my man and ranking member of the Fi- sis is the lack of transparency in the activi- hope that when the Department of nance Committee for their willingness ties of the principal players in the financial Health and Human Services awards to work with us to address this impor- markets. This opaqueness is compounded by these funds that they consider this in- tant problem. vast sums of money that lie outside the ju- risdiction of U.S. regulators and other super- tent. f visory authorities. f OFFSHORE TAX HAVENS The $700 billion in Treasury Secretary TAX TREATMENT OF EMPLOYER- Mr. LEVIN. Mr. President, I will ask Henry Paulson’s current proposed rescue PROVIDED CELL PHONES plan pales in comparison to the volume of to have printed in the RECORD a timely dollars that now escape the watchful eye, Mr. KERRY. Mr. President, Senator opinion piece that was written by Mr. not only of U.S. regulators, but from the ENSIGN and I would like to engage in a Robert M. Morgenthau, the District media and the general public as well. brief colloquy with the distinguished Attorney of the County of New York, There is $1.9 trillion, almost all of it run chairman and ranking member of the and appeared in the Wall Street Jour- out of the New York metropolitan area, that Finance Committee, Senators BAUCUS nal on Tuesday, September 30. Since sits in the Cayman Islands, a secrecy juris- and GRASSLEY, regarding legislation we the 1960s, Mr. Morgenthau has been a diction. Another $1.5 trillion is lodged in four have sponsored to fix an archaic provi- leader in the fight against the abuse of other secrecy jurisdictions. Following the Great Depression, we sion in the Tax Code that adversely af- offshore havens for fraud, money laun- bragged about a newly installed safety net fects employees and businesses across dering, tax evasion and a host of other that was suppose to save us from such a hard the country. Under a little-noticed pro- illicit activities. economic fall in the future. However, the Se- vision added in 1989, cell phones, black- As Congress votes on a plan to re- curities and Exchange Commission, the Fed- berries, and similar devices are treated store the soundness and credibility of eral Reserve System, the Comptroller of the as ‘‘listed property.’’ As a result, em- our financial system, Mr. Morgenthau’s Currency and others have ignored trillions of ployees must keep detailed records of column correctly reminds us of a factor dollars that have migrated to offshore juris- all calls made on their employer-issued that contributed significantly to this dictions that are secretive in nature and out- side the safety net—beyond the reach of U.S. cell phones—indicating whether they financial crisis—the activities of finan- regulators. are personal or business-related—or cial institutions that have hidden away We should have learned a long time ago have the value of the phone and phone trillions of dollars in offshore tax ha- that totally unsupervised markets, whether service included as taxable income. vens and that claim to be domiciled in trading in tulips or subprime mortgages, will The current law provision was added those offshore havens, when all of their sooner rather than later get into trouble. We at a time when cell phones were consid- key personnel and operations are here don’t have to look back very far in history ered a luxury item. Now, they are a in the United States. Mr. Morgenthau to understand this. common and necessary part of con- points out that this charade places Long Term Capital Management, a hedge fund ‘‘based’’ in Greenwich, Conn., but com- ducting everyday business. Imposing these trillions of dollars, and the ac- posed of eight partnerships chartered in the strict substantiation requirements on tivities of the entities that control Caymans, was supposed to be the wunder- the business use of cell phones and them, outside the oversight and super- kind of the financial world. At its peak in blackberries is burdensome and highly visory control of the U.S. financial reg- the late 1990s, its gross holdings were valued

VerDate Aug 31 2005 05:14 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.074 S02OCPT1 rfrederick on PROD1PC67 with SENATE S10460 CONGRESSIONAL RECORD — SENATE October 2, 2008 at $1.8 trillion. But, regrettably, its liabil- humously awarded the Bronze Star pressed New Delhi to sign the Com- ities exceeded its assets and the Federal Re- Medal and the Purple Heart. prehensive Test Ban Treaty and for- serve Bank of New York had to step in and One of the saddest facts in this young swear all future nuclear weapons tests. rescue it when the value of its assets plum- soldier’s passing is that he was due to But we did not. We could have urged meted. Most recently, two Bear Stearns hedge take leave and return home in 3 short New Delhi to agree to a national mora- funds, based in the Cayman Islands, but run weeks to visit his friends, family and torium on production of nuclear fissile out of New York, collapsed without any girlfriend. He wanted nothing more material, linking that moratorium to a warning to its investors. Because of the loca- than the chance to visit home. similar pledge by Pakistan. But we did tion of these financial institutions—in a se- Timothy Brown said recently of his not. crecy jurisdiction, outside the U.S. safety brother: ‘‘He wanted to make a dif- I worry over the message this agree- net of appropriate supervision—their des- ference.’’ ment sends to states like North Korea perate financial condition went undetected until it was too late. Let the record show that 1LT Thom- and Iran. Are their leaders to believe Of course, BCCI Overseas, which was part as J. Brown, in his 26 short years on that, with the passage of time, one day of the then largest bankruptcy in history, this Earth, did make a difference—and the international community will also was also ‘‘chartered’’ in the Caymans. that we are forever grateful for the re- accept their nuclear weapons programs We have to learn from our mistakes. Any markable contributions he made to the as a de facto reality and move to ac- significant infusion to the financial system country he did so love. commodate such programs? How do we must carry assurances that it will not add to the pool of money beyond the safety net and f convince the international community supervisory authority of the United States. to demonstrate solidarity against U.S.-INDIA NUCLEAR COOPERATION Iran’s violations of the NPT while giv- Moreover, the trillions of dollars currently AGREEMENT offshore and invested in funds that could im- ing a pass to India’s refusal to abide by pact the American economy must be brought Mr. CASEY. Mr. President, I want to this very same treaty? Of course I am under appropriate supervision. convey some brief remarks regarding not equating the two states—India is a If Congress and Treasury fail to bring my views on the United States-India democratic regime, a friend of the under U.S. supervisory authority the finan- civil nuclear cooperation agreement. I cial institutions and transactions in secrecy United States, and a force for stability jurisdictions, there will be no transparency cast a ‘‘yes’’ vote on this agreement, in the world. There is no comparison. with the inevitable consequences of the lack but not without some serious reserva- But I am concerned when we begin to of transparency—namely, a repeat of the un- tions regarding the likely damage this divide the world into ‘‘good’’ bridled greed and recklessness that we now agreement will do to the global nuclear proliferators and ‘‘bad’’ proliferators— face. Because of the monolithic character of nonproliferation regime. instead, we need to send the message world financial markets, a default crisis any- I had the opportunity to visit India that all nuclear proliferation harms where becomes a default crisis everywhere. earlier this year, spending a day meet- our security and increases the odds f ing senior government leaders in New that a nuclear weapon will one day be HONORING OUR ARMED FORCES Delhi and another day in Hyderabad, used and kill millions. Mr. DODD. Mr. President, I rise with where I witnessed first hand the dy- Nevertheless, at every step of the great sadness and a heavy heart to re- namic entrepreneurism that has re- process over the last 3 years, adminis- member a young man and a great cently transformed India into an eco- tration officials often appeared exces- American. Army 1LT Thomas Brown, a nomic powerhouse, albeit with still ex- sively sensitive to the need to smooth native of Shelton, CT, was killed in ac- treme poverty. Let me be clear: The over domestic political concerns in tion in Iraq a few days ago—the 41st United States and India, sharing a India while downplaying concerns ex- citizen of my State to lose his life in common commitment to democracy pressed by nonproliferation experts. So the Iraq or Afghanistan wars. He was 26 and personal freedoms, are natural al- I congratulate Chairman BIDEN and years of age. lies. I congratulate President Bush for Ranking Member LUGAR for their per- We honor the sacrifice of all our men building upon the initial steps taken sistence in ensuring this final agree- and women who give their lives serving by his predecessor, President Clinton, ment is a real improvement over ini- this country. But it is never easy to in nurturing closer ties between our tial administration proposals. The leg- lose someone so young—especially two great nations and laying the build- islation before us clarifies some of the someone for whom life so clearly had ing blocks for an enduring strategic deliberate ambiguities contained with- much more in store. partnership. in the Article 123 United States-India As a teenager, Lieutenant Brown at- India’s exclusion from global trade in agreement and the international ex- tended Notre Dame Catholic High civil nuclear energy, a direct con- emption for India provided by the Nu- School in Fairport, where it has been sequence of its 1974 nuclear weapons clear Suppliers Group. said he was all but inseparable from his test utilizing equipment and materials The United States-India civil nuclear twin brother, Timothy. He was an imported for a civilian energy pro- initiative is a flawed agreement. None- honor student and an athlete. gram, represented a continuing thorn theless, I am casting a ‘‘yes’’ vote for He would graduate from George to an otherwise blossoming United this legislation for two primary rea- Mason University in 2004, and like so States-Indian relationship. Right or sons. First, in many respects, the dam- many young people, he was eager to wrong, it was always the United States age to the global non-proliferation re- serve his country—to give something that was viewed as the leading advo- gime has already been done. The deci- back. He attended Ranger school, Air- cate of the firewall between India and sion taken last month by the Nuclear borne school and officer candidate global nuclear trade—even though Suppliers Group to provide a universal school. India never signed the Nuclear Non- exemption to permit India to partici- This young man would go on to serve Proliferation Treaty, NPT. So I under- pate in civil nuclear trade means that, in the Army’s 2nd Battalion, 6th Infan- stand why a resolution to this issue even if the United States Congress try Regiment, 2nd Brigade Combat was necessary if the United States and were to reject this agreement, other Team of the 1st Armored Division. India were to achieve a genuine part- nations like Russia and France are free There, I understand, Lieutenant Brown nership that could endure in coming to initiate their own civilian agree- earned great respect and admiration decades. ments with India. The net result of a from his fellow soldiers. My strongest criticism of the United United States rejection would likely Lieutenant Brown was known among States-India nuclear cooperation only ensure that United States compa- his comrades as an officer who led by agreement is that, in exchange for a nies—and United States workers—will example, not by order, and was im- historic exception to the principle that be unable to participate in the fruits of mensely proud to serve his country in those states that refuse to abide by the civilian nuclear trade with India. the U.S. Army. He was also known for Nuclear Non-Proliferation Treaty can- Second, a ‘‘no’’ vote on this agree- his passionate love of the Boston Red not enjoy the fruits of global civilian ment will be unfairly construed as a re- Sox, and for his truly generous spirit. nuclear trade, the United States did jection of a broader strategic alliance In recognition of his heroic service not ask enough in return from the In- between the United States and India. and sacrifice, Thomas Brown was post- dian Government. We could have Through his rhetoric and actions,

VerDate Aug 31 2005 06:33 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.043 S02OCPT1 rfrederick on PROD1PC67 with SENATE October 2, 2008 CONGRESSIONAL RECORD — SENATE S10461 President Bush unwisely has trans- agreement is flawed. This agreement ity to give to others. He was more than formed this nuclear cooperation agree- has the potential to actually weaken an incredibly gifted, Academy Award- ment into the centerpiece of our bilat- the carefully constructed, long-stand- winning actor; his zeal for life was evi- eral relationship with New Delhi. In ing nuclear nonproliferation regime dent through his remarkable charitable doing so, he has ignored the broad that the world depends on to prevent work and favorite pastimes. range of areas on which the United the spread of nuclear weapons. Paul Leonard Newman was born in States and India can and should co- This agreement does provide some Shaker Heights, OH, on January 26, operate—ranging from science and benefits. Under this agreement India 1925, to Arthur and Theresa Newman. technology to economic and business will put 14 of its nuclear reactors under Though he hoped to be a professional partnerships. In the security realm, safeguards agreements with the Inter- athlete, his gift for the performing arts our two nations should be doing more national Atomic Energy Agency, the showed early as he acted in grade together on counterterrorism, espe- IAEA. This will help to ensure that school and high school plays. After cially in the wake of the devastating these reactors and the fuel supplied to high school he served in the U.S. Navy attacks in India over the past year. them will be used only for the peaceful Air Corps and eventually went on to I strongly believe in the promise of production of nuclear poser. In addi- study theatre at prestigious institu- the future partnership between our two tion the IAEA will bring its expertise tions such as the Yale School of Drama great nations. I am voting in favor of to help to improve the operational and the famous Actor’s Studio in New this agreement, despite its serious non- safety of the reactors. York. proliferation flaws, because I do not On the other hand the rest of India’s In the 1950s his acting career began want to jeopardize that emerging alli- nuclear reactors will not come under in theatre and television. He moved to ance that can bring so many benefits the IAEA and these reactors can be films and was eventually nominated for to both of our peoples. used as India wishes to produce power 10 Oscars—winning Best Actor for ‘‘The Mr. REED. Mr. President, I would or to produce more material for nu- Color of Money’’ and also two honorary like to take a few moments to discuss clear weapons. But it is troublesome to Oscars. He played many major roles in my vote against the India Nuclear me that India retains the right to deny classic American films such as ‘‘Exo- Agreement. IAEA access to some or all of the reac- dus,’’ ‘‘Hud,’’ ‘‘Butch Cassidy and the In 2006, I voted in favor of the Henry tors that it has now agreed will come Sundance Kid,’’ ‘‘The Verdict,’’ ‘‘The J. Hyde United States and India Nu- under IAEA agreements. Sting,’’ and ‘‘Absence of Malice.’’ His clear Cooperation Promotion Act, pri- While this agreement will help India legendary performances will forever marily because of the safeguards in- with its energy needs, India is also now entertain and captivate the American cluded in the act that would ensure free to use its limited indigenous ura- imagination. that assistance to Indian’s civilian nu- nium for to support a build up of its Paul was not only an iconic actor, clear program to meet its domestic en- nuclear weapons stockpile. India has but he also fervently cared about our ergy needs, would not assist the Indian specifically preserved its ability to in- Nation. He opposed the Vietnam war nuclear weapons program. Unfortu- crease the number of nuclear weapons and ardently favored civil rights and nately, I do not believe that the United in its arsenal, its ability to increase equality. In addition he was a world- States-India Nuclear Cooperation Ap- the amount of nuclear weapons mate- class race car driver, and a flourishing proval and Nonproliferation Enhance- rials that it produces and its right to nonprofit entrepreneur. He founded the ment Act that we voted on last night conduct a test of a nuclear weapon. popular Newman’s Own line of food has the full scope of necessary protec- While India has a voluntary morato- products 25 years ago, and 100 percent tions. rium on testing, India still refuses to of its profits are donated to charities India is the largest democracy in the sign the Comprehensive Test Ban Trea- around the world. Among those char- world. Its economy is growing by 8 per- ty and to support a fissile material cut- ities are the Hole in the Wall Camps cent annually. Their domestic energy off treaty. Finally, I am greatly con- that Paul helped to create over 20 needs are enormous and they simply do cerned about the effect this agreement years ago. These camps allow for a not have enough indigenous resources will have on the region, particularly carefree experience for children with to meet them. India is an important the reaction of Pakistan. Pakistan will illnesses. Newman’s Own has raised ally and our nation has benefitted from undoubtedly seek a similar agreement $250 million so far. a strong trade and defense relationship if it perceives an increased threat from When his son, Scott, tragically for decades. Furthermore, my State of India. Pakistan may seek to partner passed away, Paul established the Rhode Island has prospered because of with China—and the United States Scott Newman Center in 1980 to pre- a vibrant Indian community. I believe would have few grounds to protest. In vent drug abuse through educating that the United States should do all such a case, Pakistan will have addi- children. He also helped to cofound the that it can to assist India and further tional access to nuclear technology. Committee Encouraging Corporate strengthen the partnership between the While I believe that the United Philanthropy, a consortium of global two countries. States should help India with its ur- CEOs in support of corporate giving. However, our country’s relationship gent energy needs, I believe we missed Paul Newman lived his life by giving to with India must be balanced with con- an opportunity to provide assistance others and encouraging others to give. cerns about nuclear proliferation and with adequate and necessary safe- He is survived by his wonderful wife the stability of the Middle East and guards in place. For these reasons, I re- of 50 years, award-winning actress Jo- Asia. luctantly decided to vote against this anne Woodward; five daughters, Susan, I believe that proliferation of nuclear agreement. It is my hope that the Stephanie, Melissa, Nell, and Clea; two weapons and weapons material and United States and India continue to grandchildren; and his brother Arthur. technology is the greatest threat fac- work together to make the world safer I send my deepest condolences to them. ing our country today. The most effec- from nuclear proliferation. Our Nation lost an amazing talent tive method of controlling such pro- f and humanitarian with the passing of liferation is a multilateral regime IN MEMORIAM: PAUL NEWMAN Paul Newman, but his legacy to the where all countries are subject to the State of California and to all of Amer- same standards. Mrs. BOXER. Mr. President, I am ica will live on. The agreement that was approved by honored to remember a great American the Senate last night establishes a sep- icon who was a renowned actor, activ- f arate and unique regime for India. This ist, and philanthropist—Paul Newman, particular agreement would allow India who passed away on September 26, 2008, to be treated like a nuclear weapons at the age of 83. GAO SLOT AUCTION RULING state but not impose upon India the re- Paul’s movie career spanned five dec- Mrs. MURRAY. Mr. President, as sponsibilities and commitments placed ades, acting in over 65 films. He cap- chairman of the Appropriations Sub- on other nuclear weapons states. As tivated all of America with his natural committee on Transportation, Housing such I believe that this particular on-screen talent and his off-screen abil- and Urban Development, and Related

VerDate Aug 31 2005 05:14 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.027 S02OCPT1 rfrederick on PROD1PC67 with SENATE S10462 CONGRESSIONAL RECORD — SENATE October 2, 2008 Agencies, I rise with my ranking mem- political officials in their departments 110–161. Just this week, the GAO re- ber, Senator BOND, as well as the bipar- to participate in such acts. affirmed the position of Congress when tisan leadership of the Senate Com- So, Mr. President, I, along with my it issued an opinion which concluded merce Committee, to address an impor- colleagues, am taking the time of the DOT’s proposed initiative to auction tant issue pertaining to the Federal Senate to implore Secretary Peters to slots is illegal. Aviation Administration, FAA. That review the GAO’s findings and abandon It is perplexing that the DOT con- issue is the agency’s plans to engage in the Department’s plans. To do other- tinues to pursue this course of action the practice of auctioning off landing wise will just subject the taxpayers to in the face of such strong Congres- and takeoff slots at slot-controlled air- the costs both of litigating this matter sional opposition. Further, I am aston- ports. while holding a losing hand. The tax- ished that they would continue down Controversial aviation issues do not payers will also have to foot the bill for this road in the face of legislation that always garner immediate agreement on financing the operation of this slot clearly prohibits them from taking the part of all committee and sub- auction process. This represents an ex- such action. I, along with my col- committee leaders in the Senate. They pense potentially in the millions of leagues, implore the DOT to abandon often trigger disagreements fueled by dollars. Those funds would be much its efforts to auction slots. The admin- regional interests or differing views on better spent addressing the long list of istration should focus its energy on the appropriate role of the Department critical safety improvements that must more important issues, such as mod- of Transportation, DOT, in regulating be made by the FAA. ernizing the Air Traffic Control Sys- the market. But in this instance, it Mr. BOND. It is a rare occurrence in tem and ensuring the safety of its pas- should be noted that all four Senators the Senate to get this level of strong sengers. with authorizing and appropriating re- bipartisan cooperation, and I thank the Mrs. HUTCHISON. Mr. President, I sponsibilities for the FAA are in agree- chair and our colleagues on the Com- thank my friends from the Appropria- ment that the FAA’s plans are illegal. merce Committee, Senators INOUYE tions Committee along with Commerce We do not come to that conclusion and HUTCHISON, for their support on Committee Chairman INOUYE for their lightly. Just yesterday, the committee this issue. leadership and agreement on this issue. received an authoritative legal opinion As you mentioned, I, too, am con- In the absence of explicit authority and from the General Counsel of the Gov- cerned that the administration will ig- in response to the GAO determination, ernment Accountability Office, GAO, nore the impartial legal opinion articu- I join my colleagues in urging DOT to that reached that same conclusion. lated by the GAO on slot auctions and cease action on any current auction GAO’s legal opinion should not come proceed with their ill-conceived plan. proposal. as a surprise to the FAA. Indeed, the The flying public and taxpayers are I believe market based solutions FAA, as recently as 2 years ago, was of not well served by carrying through on should play a role in the future of our the same view as GAO and stated in a plan that will only lead to increased congested airports, but the path the the Federal Register that it did not delays and costly litigation. Our avia- Department has taken is shortsighted, have the authority to proceed with tion system needs a comprehensive untimely and according to the GAO, such slot auctions. More recently, how- overhaul, operationally and techno- apparently illegal. Instead, the Depart- ever, the General Counsel at the DOT logically, to fix the problems of conges- ment should further focus on miti- concocted what, in my view, is a new tion. An untested scheme to further gating delays through capacity en- far-fetched legal argument for the pur- tax airlines and passengers is certainly hancements at congested airports. pose of evading the clear limitations not what is needed. The delayed and Mrs. MURRAY. Mr. President, I very imposed by the authorizing statute and weary flying public deserves better. much want to thank my colleagues for appropriations law. The GAO reviewed Should the administration proceed engaging in this discussion today. I ask the Department’s new interpretations with their illegal auction scheme, it unanimous consent to have the legal of the law and found that they don’t will do nothing to reduce congestion opinion sent to us by the GAO General hold water. Indeed, the GAO concluded and will only postpone needed reforms Counsel printed in the RECORD. that, if the FAA were to proceed with to the system. The problem of chronic There being no objection, the mate- these auctions, the agency would be en- congestion and delays in our aviation rial was ordered to be printed in the gaging in a blatant violation of the system deserves the full attention of RECORD, as follows: Antideficiency Act. This legal opinion all of the stakeholders involved in Subject: Federal Aviation Administration— matters not simply because it corrobo- aviation—from the administration and Authority to Auction Airport Arrival rates our collective bipartisan inter- Congress, the airlines, airports, cus- and Departure Slots and to Retain and pretation of the authorizing and appro- tomers, and the air traffic controllers Use Auction Proceeds priations laws. It matters because the and operational personnel that keep GOVERNMENT ACCOUNTABILITY OFFICE GAO is statutorily charged with mak- our system moving. With the GAO’s Washington, DC, September 30, 2008. ing determinations regarding viola- legal ruling, it is my hope that we can Hon. JAMES L. OBERSTAR, Chairman, Committee on Transportation and tions of Appropriations law including move past this failed idea and work to- Infrastructure, House of Representatives. the Antideficiency Act. wards a real solution. Hon. PATTY MURRAY, One would think that this opinion I look forward to working with you Chairman, Subcommittee on Transportation, would bring an end to this debate. and our Commerce Committee col- Housing, and Urban Development, and Re- Since we now know, in advance, how leagues in addressing the fundamental lated Agencies, Committee on Appropria- the GAO would rule on this question, causes of delays and congestion tions, U.S. Senate. one would expect the DOT to abandon throughout our system and thank you Hon. CHRISTOPHER S. BOND, its interpretation and cancel its all again for your continued leadership Ranking Minority Member, Subcommittee on planned auctioning of slots. To do oth- Transportation, Housing, and Urban Devel- and support on the issue. opment, and Related Agencies, Committee erwise would signal the agency’s inten- Mr. INOUYE. Mr. President, as chair- on Appropriations, U.S. Senate. tion to proceed with a process that will man of the Senate Commerce, Science, Hon. FRANK R. LAUTENBERG, almost certainly be found to be illegal. and Transportation Committee, I rise Hon. ROBERT MENENDEZ, Unfortunately, we are getting indica- in support of the remarks made by my Hon. CHARLES E. SCHUMER, tions that this is precisely what the colleagues and would like to express Hon. HILLARY RODHAM CLINTON, Department intends to do—proceed my concern with moving forward on U.S. Senate. with these slot auctions whether they this proposal. This responds to your request for our legal are legal or not. I find the Secretary’s Clearly, such a profound change in opinion regarding the authority of the Fed- plans to be both startling and dis- aviation policy must be supported by eral Aviation Administration (FAA) to auc- appointing. In my view, agency heads Congress and the agency’s underlying tion airport arrival and departure slots. As part of its efforts to reduce congestion in the should not be launching into actions authorizing legislation. Congress, how- national airspace, in April and May 2008, that are likely to be found to be illegal. ever, has consistently opposed the FAA issued proposed regulations to conduct And equally important, political ap- DOT’s attempt to auction slots and ex- such auctions at three New York-area air- pointees should not be forcing non- plicitly prohibited such actions in P.L. ports—LaGuardia Airport (LaGuardia), John

VerDate Aug 31 2005 05:14 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.042 S02OCPT1 rfrederick on PROD1PC67 with SENATE October 2, 2008 CONGRESSIONAL RECORD — SENATE S10463 F. Kennedy International Airport (JFK), and That act created FAA (as the Federal Avia- . . . .’’ Id. As FAA had explained in its ear- Newark Liberty International Airport (New- tion Agency) and directed the FAA Adminis- lier proposal, this is because ‘‘in accordance ark) at some time in the future. In August trator to: ‘‘assign by rule, regulation, or with [IOAA], the money received as a result 2008, FAA announced that it was proceeding order the use of the navigable airspace under of any auction system will not be retained to auction two specific slots at Newark on such terms, conditions, and limitations as he by DOT but will be paid into the Treasury of September 3, an action that has since been may deem necessary in order to insure the the United States. Other disposition of the administratively stayed. On September 16, safety of aircraft and the efficient utiliza- revenues . . . [is] not now authorized by stat- 2008, FAA announced that ‘‘[i]n accordance tion of such airspace. He may modify or re- ute.’’ 45 Fed. Reg. 71236, 71240, 71241 (Oct. 27, with rulemaking activity that is not yet voke such assignment when required by the 1980). complete’’ and ‘‘if the rule is adopted,’’ it public interest.... [The Administrator Over time, Congress became concerned may auction slots at Newark, LaGuardia, also] is authorized to prescribe air traffic that the High Density Rule, particularly the and JFK starting on January 12, 2009. As rules and regulations governing the flight of 1986 amendments, hurt competition, unfairly agreed with your staff, this opinion address- aircraft, for the navigation, protection, and favored incumbent airlines, and was not the es whether FAA has authority to auction identification of aircraft, for the protection best means to reduce congestion. After en- slots and if it does, whether it may retain of persons and property on the ground, and acting several measures in the 1980s and and use funds obtained through such auc- for the efficient utilization of the navigable 1990s requiring greater access for certain tions. airspace. . . .’’ service providers, in 2000, Congress directed We conclude that FAA currently lacks au- Federal Aviation Act of 1958, Pub. L. No. FAA to phase out the High Density Rule al- thority to auction arrival and departure 85–726, § 307(a), (c), 72 Stat. 731, 749–50, 49 together, at LaGuardia, JFK, and O’Hare, no slots, and thus also lacks authority to retain U.S.C. § 1348 (a), (c) (1968) (emphasis added). later than January 1, 2007. At about this and use auction proceeds. For the first time See generally Northwest Airlines, Inc. v. same time, Congress also began to enact an- since it began regulating U.S. navigable air- Goldschmidt, 645 F.2d 1309 (8th Cir. 1981) (up- nual appropriations restrictions prohibiting space nearly 40 years ago, FAA now asserts holding 1980 amendment to High Density FAA from promulgating any ‘‘new aviation that it may assign the use of that airspace Rule as exercise of FAA’s section 307(a) and user fees’’ unless specifically authorized by using its general property management au- (c) authority to regulate efficient use of air- statute. The first of these restrictions was thority. According to FAA, slots are intan- space). enacted in 1997 for fiscal year 1998, and the gible ‘‘property’’ that it ‘‘constructs,’’ owns, Reservations under the High Density Rule most recent was enacted in 2007 for fiscal initially were allocated by agreements be- and may ‘‘lease’’ for ‘‘adequate compensa- year 2008. tween the airlines (acting through airport As the 2007 High Density Rule phase-out tion’’ under 49 U.S.C. §§ 106 (l)(6) and (n) and scheduling committees) and ATC and by deadline approached, FAA remained con- 40110(a)(2). An examination of those statutes rule, the vast majority of reservations were cerned about congestion. In August 2006, it read as a whole, however, makes clear that set aside for assignment to scheduled air car- therefore proposed to continue caps on hour- Congress was using the term ‘‘property’’ to riers. See 14 C.F.R. § 93.123(a) (1969). Because ly arrivals and departures at LaGuardia and refer to traditional forms of property. It was only a few carriers held certificates of public to assign the majority of slots (now called not referring to FAA’s regulatory authority convenience and necessity for these airports, ‘‘operating authorizations’’) to incumbent to assign airspace slots, no matter how valu- as required prior to deregulation of the air- carriers. 71 Fed. Reg. 51360 (Aug. 29, 2006). able those slots may be in the hands of the line industry in the early 1980’s, there was FAA also now proposed to set expiration regulated community. Related case law con- only limited competition for the reserva- dates for most slots, with 10 percent of the firms our conclusion. The only other source tions. With deregulation, however, any li- slots each year to be redistributed, as they of authority for FAA to raise funds in con- censed carrier could service any high density expired, using a market-based mechanism nection with its slot assignments is the Inde- airport, with the result that airport sched- yet to be determined. FAA could not propose pendent Offices Appropriations Act (IOAA), uling committees could no longer reach a specific market mechanism at that time, it 31 U.S.C. § 9701, commonly referred to as the agreements acceptable to prospective new explained, because it lacked authority to do ‘‘user fee statute,’’ but that authority is cur- entrants and incumbent airlines wishing to so and would be seeking such authority from rently unavailable. Since 1998, Congress has, expand their operations. Congress: ‘‘[FAA] will seek authority to uti- through annual appropriations restrictions, To accommodate the resulting demand for lize market-based mechanisms at LaGuardia specifically prohibited FAA from imposing reservations while ensuring continuity of op- in the future [to allocate capacity]. Such ‘‘new aviation user fees,’’ and we conclude erations for carriers providing regularly legislation would be necessary to employ that proceeds from FAA’s proposed auctions scheduled service, FAA amended the High market-based approaches such as auctions or would constitute such a fee. Accordingly, in Density Rule effective in 1986. See 50 Fed. congestion pricing at LaGuardia because the our opinion, FAA lacks a legal basis to go Reg. 52180 (Dec. 20, 1985). It again acknowl- FAA currently does not have the statutory au- forward with the Newark auction or any edged that it was acting pursuant to its reg- thority to assess market-clearing charges for a other auction, and if FAA were to go forward ulatory authority under sections 307(a) and landing or departure authorization. If Congress with auctioning slots without obtaining the (c) of the Federal Aviation Act to ensure the approves the use of market-based mecha- necessary authority and retained and used efficient use of the national airspace. Id. at nisms as we plan to propose, a new rule- the proceeds, GAO would raise exceptions 52181. Under a ‘‘grandfather’’ policy, FAA making would be necessary to implement under its account settlement authority for initially assigned most reservations—now such measures at LaGuardia.’’ violations of the ‘‘purpose statute,’’ 31 U.S.C. called ‘‘slots’’—to the carriers who already Id. at 51362 (emphasis added); see also id. at § 1301(a), and the Antideficiency Act, 31 held them under scheduling committee 51363. FAA subsequently requested such au- U.S.C. § 1341(a)(1)(A). agreements. For the first time, FAA also au- thority from Congress, but it has not been BACKGROUND thorized carriers to sell, lease, or otherwise enacted. When FAA was unable to finalize its FAA’s control of congestion in the na- transfer the slots among themselves, subject 2006 proposal before the January 1, 2007 tional airspace by use of a ‘‘reservation’’ or to confirmation by FAA and to a determina- phase-out deadline, it issued a series of tem- ‘‘slot’’ system is not new. What is new is tion by the Secretary of Transportation that porary ‘‘capping orders’’ maintaining caps FAA’s proposal to assign the slots by auc- transfer ‘‘will not be injurious to the essen- and slots at LaGuardia, JFK, and Newark. tion. FAA first instituted a slot control sys- tial air service program.’’ Slots could be Finally, as noted above, in April and May tem nearly 40 years ago, in 1968, in the so- withdrawn at any time for FAA operational 2008, FAA issued its most recent proposals called High Density Rule. See 33 Fed. Reg. needs, and under a ‘‘use-or-lose’’ provision, for a cap and slot system at LaGuardia, JFK, 17896, 17898 (Dec. 3, 1968); 14 C.F.R. §§ 93.121– slots not used 65 percent of the time would and Newark. FAA proposes to continue to as- 93.129 (1969). Supplementing the traditional be recalled. FAA made clear that ‘‘[s]lots do sign the majority of slots to incumbent car- first-come, first-served traffic control sys- not represent a property right but represent riers and, as in its 2006 proposal, to withdraw tem, the High Density Rule capped the num- an operating privilege subject to absolute a portion of the slots for re-distribution ber of hourly arrivals and departures per- FAA control.’’ (along with unassigned slots). However, call- mitted at five designated ‘‘high density traf- In issuing the 1986 amendments, FAA noted ing its 2006 legal analysis ‘‘overly simplistic’’ fic airports’’—LaGuardia, JFK, Newark, that it had decided not to pursue a proposal and ‘‘incorrect,’’ FAA now proposes to do Washington National Airport (Washington it had made in 1980, to assign slots by means what it previously stated it had no authority National), and Chicago O’Hare International of an auction. It explained this was because to do: assign the withdrawn slots by auc- Airport—and required air carriers to obtain ‘‘legislation would be required for the collec- tioning slot ‘‘leaseholds’’ to the highest bid- a ‘‘reservation’’ for these operations from tion and disposition of the proceeds.’’ Id. at der. The proceeds from the auctions would Air Traffic Control (ATC). The number of 52183. FAA noted that ‘‘several unresolved either be retained by FAA and used to miti- reservations available for assignment varied legal questions’’ had been raised by the De- gate congestion in the New York City area by airport, time of day, and class of user. partment of Justice which DOJ believed or, after deducting FAA’s administrative In promulgating the High Density Rule, would make an auction ‘‘impractical,’’ citing costs, paid to the airline that previously held FAA acknowledged that it was acting pursu- the Independent Offices Appropriations Act the auctioned slot. To impose caps on hourly ant to its regulatory authority to ensure the (IOAA), 31 U.S.C. § 9701, commonly referred arrival and departure slots, FAA continues efficient use of the national airspace under to as the ‘‘user fee statute.’’ IOAA could be to rely on its regulatory authority to ensure sections 307(a) and (c) of the Federal Avia- problematic, FAA noted, ‘‘if these proceeds efficient use of the airspace, now codified at tion Act of 1958. 33 Fed. Reg. at 17897, 17898. were to be applied for airport improvements 49 U.S.C. § 40103(b)(1), (2). See 73 Fed. Reg. at

VerDate Aug 31 2005 06:33 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.104 S02OCPT1 rfrederick on PROD1PC67 with SENATE S10464 CONGRESSIONAL RECORD — SENATE October 2, 2008 20846, 29626. To assign the slots by auctioning Section 40110(a)(2) authorizes FAA: ‘‘[to] The structure of FAA’s statutory author- slots leaseholds, FAA for the first time relies dispose of an interest in property for ade- ity and its legislative history support this on its general authority to lease or other- quate compensation. . . .’’ conclusion. Congress has given FAA different wise dispose of ‘‘property’’ under 49 U.S.C. (All emphasis added.) authorities to carry out different respon- §§ 106 and 40110. See id. at 20853, 29631. As evidence that these provisions author- sibilities—it has regulatory authority in 49 ANALYSIS ize slots to be ‘‘leased’’ as ‘‘property,’’ FAA U.S.C. § 40103 to ensure the safe and efficient Whether FAA may raise funds in connec- points to bankruptcy proceedings where use of the navigable airspace, and property tion with its assignment of slots—by holding slots subject to lease have been accorded acquisition and disposition authority in 49 a slot auction, imposing a user fee, assessing some proprietary status. 2008 FAA Brief at U.S.C. §§ 106 and 40110 to support FAA’s mis- a tax, or by some other mechanism—depends 41–43. FAA asserts that it, too, has a prop- sion and general operations. As relevant on whether it has the proper statutory au- erty interest in slots subject to lease be- here, FAA has had these same basic authori- thority. Congress has granted FAA explicit cause: (1) FAA has sovereignty over U.S. ties since its creation in 1958. The fact that statutory authority to collect fees in several navigable airspace; (2) airspace has been Congress authorized FAA to carry out its different situations, but no explicit author- characterized as ‘‘public property;’’ (3) FAA regulatory responsibilities (including assign- ity exists for the imposition of fees related regulates the use of navigable airspace; (4) as ment of slots) under the strictures of § 40103 to the assignment of slots. We therefore look a ‘‘product’’ of its regulation, FAA has ‘‘con- undercuts FAA’s argument that Congress si- to whether FAA has any other authority structed’’ slots as an ‘‘intangible property multaneously authorized FAA to carry out that would permit it to auction slots. interest’’ in airspace use; and (5) as the slot many of these same responsibilities under I. FAA’s authority to auction slots under its ‘‘constructor,’’ FAA ‘‘owns’’ and may the very different strictures of §§ 106 and property disposition authority ‘‘lease’’ its ‘‘intangible’’ slots. FAA states 40110. Congress has never suggested as much further that it may—in fact, must—charge in the half-century of FAA’s existence, nor, In evaluating whether FAA may assign ‘‘adequate compensation,’’ and even ‘‘market until 2008, has FAA. Thus FAA may not rely slots using its general property disposition prices,’’ for this ‘‘property’’ under 49 U.S.C. on its general property disposition authority authority, it is important to understand § 40110. 2008 FAA Brief at 41, 50–53. to carry out its regulatory slot assignment what a slot is. FAA has consistently charac- As discussed below, however, slots are not functions. See, e.g., American Petroleum Inst. terized a slot as an ‘‘operating authoriza- ‘‘property’’ subject to FAA’s property dis- v. EPA, 52 F.3d 1113, 1119–20 (D.C. Cir. 1995) tion’’ or ‘‘operational authority’’ to conduct position authority. Nor are they the mere (EPA cannot rely on general rulemaking au- one operation (arrival or departure) in the ‘‘product’’ of FAA regulation; they are FAA thority to regulate air pollutant in manner airspace during a specified time period. At regulation. Moreover, FAA’s argument that conflicting with authority specific to that the five high density airports, this author- slots are property proves too much—it sug- pollutant and ‘‘cannot uncouple the first ization is in addition to the authorization or gests that the agency has been improperly sentence of [Clean Air Act provision] from ‘‘clearance’’ that must be obtained from ATC giving away potentially millions of dollars of the rest of the section in order to expand its to operate within the airspace at those fa- federal property, for no compensation, since authority beyond the aims and limits of the cilities. 14 C.F.R. §§ 91.131(a)(1), 91.173. While it created the slot system in 1968. section as a whole.’’). these two authorizations differ in some re- A. Finally, FAA’s reading of its property au- spects—clearances are normally required of thority, particularly the purported signifi- all users of this airspace, while slots, due to Parsing its property acquisition and dis- position authorities under 49 U.S.C. §§ 106(n) cance of a 1996 amendment to that authority, capacity demands, are issued only to some is unavailing because it would interfere with users—both constitute regulatory permission and 40110(a)(2) and applying general dic- tionary definitions, FAA maintains that Congress’ constitutional prerogatives to set without which aircraft may not be operated. programmatic spending levels and oversee So understood, a slot is a regulatory li- when it uses its regulatory authority to de- lineate a time period for authorized takeoff agency activities. U.S. Const. Art. I, Sec. 9, cense—a legal permission, revocable by FAA, cl. 7. As noted above, in the past FAA has to conduct an act that otherwise would not or landing—a slot—it ‘‘constructs’’ or ‘‘ac- quires’’ an intangible ‘‘property’’ interest in considered imposing a user fee under IOAA be permitted. in connection with its assignment of slots. As FAA itself emphasizes, it is also impor- airspace use that it may ‘‘lease’’ to others Congress also has considered FAA’s imposi- tant to understand that caps and slots are for ‘‘adequate compensation.’’ 2008 FAA Let- tion of user fees. In FAA’s 1996 reauthoriza- two interconnected parts of FAA’s regu- ter at 2–3; 2008 FAA Brief at 47–48. ‘‘Under- tion legislation, for example, Congress au- latory structure to ensure the efficient use standing Congressional will requires more thorized FAA to charge certain cost-based of the airspace. 2008 FAA Letter at 1. Lim- than the mechanical application of dic- user fees, but called for further study of the iting aircraft traffic by capping the number tionary definitions,’’ however, see Faircloth v. agency’s funding needs and funding mecha- of arrivals and departures reduces the Lundy Packing Co., 91 F.3d 648, 660 (4th Cir. nisms. See Air Traffic Management System amount of traffic that is airborne, but it 1996) (Michael, J., concurring and dis- Performance Improvement Act of 1996, Pub. does not avoid the backup of aircraft seeking senting), and it is a cardinal rule of statu- L. No. 104–264, Title II, §§ 221(12), 273, 274. And access to the air traffic system or provide a tory construction that statutes must be read in 1997, Congress enacted the first of its now- mechanism for prioritizing traffic. Assigning as a whole, ‘‘since the meaning of statutory annual appropriations restrictions expressly slots accomplishes this objective; without language, plain or not, depends on context.’’ prohibiting FAA from imposing any ‘‘new slots, traffic will queue on a first-come-first- King v. St. Vincent’s Hospital, 502 U.S. 215, 221 aviation user fees’’ without specific statu- served basis (as it does at non-slot controlled (1991) (citations omitted). When taken in tory authority. FAA nevertheless asserts airports), undermining scheduling. Whether context and read as a whole, the term ‘‘prop- that when Congress amended its property au- the assignment system is called a reserva- erty’’ as used in FAA’s statute clearly refers thority in the 1996 reauthorization act by en- tion system, an operating authorization sys- to traditional property, not to FAA’s regu- acting § 106(n)—which clarified FAA’s prop- tem, or a slot system, the use of an assign- latory licensing authority over the use of erty acquisition authority to include per- ment mechanism is key to accomplishing navigable airspace. Almost all of the ‘‘prop- sonal as well as real property, and authority what FAA believes is necessary to promote erty’’ examples listed in 49 U.S.C. § 106(n)(1) not just to ‘‘acquire’’ property but, as dis- orderly and efficient traffic flow and use of are traditional tangible property—real es- cussed above, to ‘‘construct, improve, repair, airspace. tate, equipment, and infrastructure—and the According to FAA, however, slots are not a legislative history repeats the same exam- operate, and maintain’’ it, see Pub. L. No. license but ‘‘property’’ that it ‘‘acquires’’ or ples. See H. R. Conf. Rep. 104–848 (1996) at 107, 104–264, § 228, codified at 49 U.S.C. 106(n)—this ‘‘constructs’’ and, as the property ‘‘owner,’’ 1996 U.S.C.C.A.N. 3703, 3729. The other exam- amendment granted FAA authority to ‘‘con- may ‘‘lease’’ using its general property dis- ple referenced in § 106(n)—a patent— has long struct’’ and auction slots. 2008 FAA Brief at position and contracting authority in 49 been recognized as intangible property. 47–48. Given Congress’ substantial concerns U.S.C. §§ 106 (l)(6) and (n) and 40110(a)(2). Sec- Other terminology used in § 106(n)(1) rein- about FAA’s imposing user fees in 1996 and tion 106(n)(1) authorizes FAA: ‘‘(A) to acquire forces that Congress was referring to tradi- its outright ban on new FAA aviation user (by purchase, lease, condemnation, or other- tional property. For example, the statute re- fees the following year, we find it highly un- wise), construct, improve, repair, operate, fers to property that is ‘‘leased’’ and ‘‘con- likely that Congress at the same time au- and maintain—(i) air traffic control facili- demned’’ (applied to traditional real prop- thorized FAA to obtain non-appropriations ties and equipment; (ii) research testing sites erty) and ‘‘constructed, improved, repaired, funding through the ‘‘back door’’ of its gen- and facilities; and (iii) such other real and operated, and maintained’’ (applied to tradi- eral property disposition authority. personal property (including office space and tional real and personal property). Under the B. patents), or any interest therein . . . as the statutory construction rule of ejusdem ge- Case law regarding the legal status of slots Administrator considers necessary; [and] (B) neris, ‘‘such other . . . property . . . or any and regulatory licenses confirms our conclu- to lease to others such real and personal interest therein’’ as used in § 106(n)(1)(A) sion that slots are not ‘‘property’’ in the property . . . .’’ must mean property of a nature similar to hands of FAA. To demonstrate that slots are Section 106(l)(6) authorizes FAA: ‘‘[to enter the traditional real and personal property property, FAA cites three bankruptcy into] such contracts, leases, cooperative examples cited in the statute. This would cases—In re McClain Airlines, Inc., 80 B.R. 175 agreements, or other transactions as may be not include FAA’s regulatory authorizations (Bankr. D. Ariz. 1987); In re American Central necessary to carry out the functions of for aircraft takeoffs and landings—that is, Airlines, 52 B.R. 567 (Bankr. N.D. Iowa 1985); FAA.’’ slots. and In re Gull Air, Inc., 890 F.2d 1255 (1st Cir.

VerDate Aug 31 2005 06:33 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.105 S02OCPT1 rfrederick on PROD1PC67 with SENATE October 2, 2008 CONGRESSIONAL RECORD — SENATE S10465 1989)—which considered whether an airline in of revenue. At most, they entitle the State cause as of fiscal year 1998, Congress has pro- bankruptcy had a sufficient proprietary in- to collect a processing fee from applicants hibited FAA’s imposition of any new avia- terest in its slots to include them as ‘‘prop- for new licenses. Were an entitlement of this tion user fees unless it obtains specific statu- erty of the estate’’ (or in McClain, an inter- order sufficient to establish a state property tory authority. Because FAA lacks author- est in a right to seek restoration of a with- right, one could scarcely avoid the conclusion ity to collect such fees, if it nevertheless drawn slot). 2008 FAA Brief at 42–43, 61; 2008 that States have property rights in any license goes forward with an auction, it may not re- FAA Letter at 3. The courts in these cases or permit requiring an up front fee, including tain or use the proceeds. focused in part on the fact that after FAA’s drivers’ licenses, medical licenses, and fishing To understand the impact of Congress’ pro- 1986 amendments to the High Density Rule, and hunting licenses. Such licenses, as the Gov- hibition, some context and a brief history carriers could sell, lease, or otherwise trans- ernment itself concedes, are ‘purely regu- are helpful. FAA is funded from a combina- fer slots among themselves. latory.’’’ tion of sources, which can be roughly divided The cases do not support FAA’s position. 531 U.S. at 22 (second emphasis added). into three types: excise tax revenue, General At most, they recognize the undisputed fact Fund appropriations, and reimbursements that slots have value in the hands of carriers FAA compares its proposed slot leases to from services provided and user fees charged. to whom they are assigned, at least when the patents, a type of intangible property it is FAA, Fiscal Year 2007 Performance and Ac- slots are transferable to other carriers. The authorized to dispose of under 49 U.S.C. countability Report, at 121. For the last 10 decisions do not address the issue we face 106(n)(1)(A)(ii). 2008§FAA Brief at 33, 51. But years, Congress has annually prohibited FAA here: the nature of slots when they are unas- the Cleveland Court rejected this patent from implementing any ‘‘new aviation user signed and ‘‘held’’ by FAA. In fact, the cases analogy, which had been made by the United fees’’ not authorized by Congress. The prohi- underscore the limited nature of slots even States: bition first appeared in the 1998 Department after they are assigned: they remain subject ‘‘[T]hese intangible rights of allocation, of Transportation and Related Agencies Ap- to FAA withdrawal at any time for oper- exclusion, and control amount to no more propriations Act and stated: ational reasons and to FAA recall for non- and no less than Louisiana’s sovereign power ‘‘[N]one of the funds in this Act shall be use. In Gull Air, for example, the most re- to regulate. . . [T]he state’s right of control available for the Federal Aviation Adminis- cent, and the only appellate court, decision does not create a property interest any more tration to plan, finalize, or implement any cited by FAA, FAA itself argued that slots than a law licensing liquor sales in a State regulation that would promulgate new avia- were not the carrier’s property but rather, as that levies a sales tax on liquor. Such regula- tion user fees not specifically authorized by specified in FAA’s regulations, ‘‘operating tions are paradigmatic exercises of the States’ law after the date of enactment of this Act.’’ privileges subject to absolute FAA control.’’ traditional police powers. Pub. L. No. 105–66, 111 Stat. 1425, 1429 (1997). 890 F.2d at 1258. The First Circuit Court of ‘‘The Government compares the State’s in- At the time, the Conference Committee ex- Appeals ruled only that slots’ transferability terest in video poker licenses to a patent pressed ‘‘very serious concerns,’’ ‘‘on both under the High Density Rule created a ‘‘lim- holder’s interest in a patent that she has not technical and policy-related grounds,’’ about ited proprietary interest in slots’’ that is yet licensed. Although it is true that both new aviation user fees that FAA had pro- ‘‘encumbered by conditions that FAA im- involve the right to exclude, we think the posed. The Committee made clear that the posed in its regulations.’’ Id. at 1260. The congruence ends there. Louisiana does not existing excise tax system, supplemented by court declined to decide whether the slots conduct gaming operations itself, it does not appropriated funds, would provide sufficient constituted ‘‘property of the estate’’ because hold video poker licenses to reserve that pre- revenue for FAA without new fees. H. R. Rep. whatever that interest was, it was lost auto- rogative, and it does not ‘‘sell’’ video poker No. 105–313 at 40–41 (Conf. Rep.) (1997). The matically under FAA’s ‘‘use or lose’’ require- licenses in the ordinary commercial sense. Committee specifically acknowledged the ment when the airline ceased operations. Furthermore, while a patent holder may sell authority that IOAA generally provides to Thus Gull Air stands only for the proposition her patent . . ., the State may not sell its licens- agencies and made clear that it intended to that slots have one characteristic of prop- ing authority. Instead of a patent holder’s in- restrict this authority in FAA’s case: ‘‘The conferees are aware of FAA’s opinion erty—transferability—which may qualify terest in an unlicensed patent, the better that the agency has the legal authority to slots as ‘‘property of the estate’’ under the analogy is to the Federal Government’s in- establish new user fees under the generic au- Bankruptcy Code when held by carriers. This terest in an unissued patent. That interest, thority provided in the User Fee Statute, is a far cry from finding that slots are FAA’s like the State’s interest in licensing video poker and do not wish to see FAA circumvent the ‘‘property’’ subject to its property disposi- operations, surely implicates the Government’s legislative process and avoid the normal cost tion statute. role as sovereign, not as property holder.’’ controls which apply to other federal agen- Furthermore, even if slots were not trans- 531 U.S. at 23–24 (emphasis added). ferable, there is little doubt that they have cies through the administrative implementa- Just as Louisiana did not run the video tion of new user fees. The conferees empha- value to carriers. Yet the U.S. Supreme poker machines in Cleveland, so FAA does Court has made clear that the fact that a size, however, that this provision does not not operate commercial air carriers. Just as prevent the FAA from implementing new government license is valuable to the license Louisiana regulated gaming as part of its po- holder does not render the license ‘‘prop- user fees. It only provides that such fees lice power to protect the public welfare, so must be specifically authorized by the Con- erty’’ in the hands of the issuing agency. FAA regulates air traffic as part of its re- Rather, the license is ‘‘no more and no less gress.’’ sponsibility to ensure efficient use of the na- Id. at 41. A slightly modified version of the than [the agency’s] sovereign power to regu- tional airspace. As in Cleveland, the fact that restriction has been included in every subse- late.’’ Cleveland v. United States, 531 U.S. 12, FAA’s slots have value to slot holders does quent yearly appropriation. The 2008 fiscal 23 (2000). In Cleveland, the Supreme Court had not transform them into alienable ‘‘prop- year prohibition states: to decide whether a Louisiana video poker erty’’ in FAA’s hands. FAA seeks to distin- ‘‘[N]one of the funds in this [Appropria- machine license was ‘‘property’’ under the guish Cleveland because the licenses there tions] Act shall be available for the Federal federal mail fraud statute, which makes it a were not transferable, and because a rule of Aviation Administration to finalize or im- felony to use the mail to further ‘‘any leniency applicable to criminal statutes plement any regulation that would promul- scheme . . . to defraud, or for obtaining drove the Supreme Court’s interpretation. gate new aviation user fees not specifically money or property by means of false or fraud- As noted above regarding Gull Air, however, authorized by law after the date of the en- ulent pretenses . . . .’’ 18 U.S.C. 1341 (empha- slot transferability is irrelevant to FAA’s actment of this Act.’’ sis added). Upholding the rulings of five cir- ‘‘property’’ rights because slots do not ac- Consolidated Appropriations Act, 2008, cuit courts of appeals, the unanimous Su- quire this trait until after FAA assigns them. Pub. L. No. 110–161, 121 Stat. 1844, 2379 (2007). preme Court ruled that the licenses were not And while FAA’s property disposition provi- In considering the fiscal year 2008 prohibi- ‘‘property’’ when held by the issuing state sions are not criminal statutes, studied skep- tion, the House Committee on Appropria- agency: ticism in defining their reach is also war- tions commented on its ‘‘serious concerns ‘‘Without doubt, Louisiana has a substan- ranted. In this regard, there is an acute pub- about the impact of user fees,’’ and the Sen- tial economic stake in the video poker indus- lic interest in protecting Congress’ exercise ate Committee on Appropriations expressed try. The State collects an upfront ‘proc- of its constitutional responsibility to set its desire that ‘‘any degradation in the Com- essing fee’ for each new license application spending levels through the appropriations mittee’s ability to annually set pro- . . ., a separate ‘processing fee’ for each re- process, and as discussed above, this would grammatic spending levels and oversee the newal application . . ., an ‘annual fee’ from be jeopardized if FAA could circumvent the agency’s spending habits as part of the reau- each device owner . . ., an additional ‘device appropriations process by obtaining funding thorization process should be strenuously re- operation’ fee . . ., and, most importantly, a through slot auctions. sisted.’’ fixed percentage of net revenue from each This fiscal year 2008 prohibition precludes video poker device . . . It is hardly evident, II. FAA’s authority to auction slots under its FAA’s use of IOAA as authority to auction however, why these tolls should make video user fee authority slots because FAA’s slot auctions would poker licenses ‘property’ in the hands of the Because FAA may not auction slots under amount to a ‘‘new aviation user fee’’ not spe- State. The State receives the lion’s share of its property disposition authority and has no cifically authorized by law. FAA has never its expected revenue not while the licenses explicit authority to charge a fee for the as- previously imposed a fee for authorization to remain in its own hands, but only after they signment of slots, the only other arguable use navigable airspace at a specific time; have been issued to licensees. Licenses pre- authority on which FAA could rely is IOAA. thus FAA’s slot auction would constitute ex- issuance do not generate an ongoing stream That authority is currently unavailable be- actly the type of ‘‘new aviation user fee’’

VerDate Aug 31 2005 05:14 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.106 S02OCPT1 rfrederick on PROD1PC67 with SENATE S10466 CONGRESSIONAL RECORD — SENATE October 2, 2008 that Congress has prohibited. Indeed, FAA United States, 415 U.S. 336, 341 (1974); National Somalia’s Transitional Federal Gov- recognized that slot auctions would con- Park Service—Special Park Use Fees, B– ernment. stitute a user fee when it proposed to insti- 307319, Aug. 23, 2007. Unfortunately, while several nations tute such a fee in 1980, and again in 1986 CONCLUSION have pledged to send replacement when it decided not to do so. FAA also ap- We conclude that FAA may not auction troops under the auspices of the Afri- peared to recognize that slot auctions would slots under its property disposition author- constitute a user fee in 2006 and 2007 when, in can Union, only a small fraction of ity, user fee authority, or any other author- those pledged have actually arrived. I the face of the annual appropriations restric- ity, and thus also may not retain or use pro- tions, it promised to and did seek legislation ceeds of any such auctions. Going forward am grateful that Ethiopia remains authorizing it to conduct the auctions. with the planned Newark auction or any committed to securing stability and FAA’s April 2008 proposal in fact acknowl- other auction would be without legal basis, peace in Somalia, and hope that the edges that because of the appropriations re- and if FAA conducted an auction and re- full African Union contingent arrives striction, FAA ‘‘continues to believe that it tained and used the proceeds, GAO would cannot rely on a market-based [slot] alloca- soon to enable the safe withdrawal of raise significant exceptions, under its ac- tion method under a purely regulatory ap- Ethiopian forces. count settlement authority, 31 U.S.C. § 3526, proach, which is why it explicitly sought leg- Ethiopia faces a host of ongoing chal- for violations of the ‘‘purpose statute,’’ 31 islation on this matter.’’ 73 Fed. Reg. at lenges both at home and abroad, and U.S.C. § 1301(a), and the Antideficiency Act, 20846, 20852. merits our support and assistance. I FAA suggests that because it will conduct 31 U.S.C. § 1341(a)(1)(A). If there are questions concerning these urge my colleagues to join me in recog- the Newark auction by solicitation of bids nizing the progress made by this Ethi- for slot leases, rather than by issuance of a matters, please contact Managing Associate new regulation, the language of the 2008 Con- General Counsel Susan. D. Sawtelle at (202) opia in promoting the health and wel- solidated Appropriations Act—which pro- 512–6417 or Managing Associate General fare of its people, and assisting in the hibits ‘‘any regulation’’ imposing new avia- Counsel Susan A. Poling at (202) 512–2667. As- war on terror in the Horn of Africa. sistant General Counsels David Hooper and tion user fees—does not apply. 2008 FAA f Brief at 61 n. 36. Contrary to FAA’s sugges- Thomas H. Armstrong, Senior Attorney Bert tion, because the auction would, in effect, Japikse, and Staff Attorney James Murphy PATIENT SAFETY AND ABUSE amount to a user fee under IOAA, and IOAA also participated in preparing this opinion. PREVENTION ACT requires agencies to prescribe regulations to Sincerely yours, GARY L. KEPPLINGER, Mr. KOHL. Mr. President, I speak impose new user fees, see 31 U.S.C. § 9701(b), today in support of the Patient Safety implementation of the auction would require General Counsel. a new regulation. FAA cannot elude the re- f and Abuse Prevention Act, S. 1577. This quirements of otherwise applicable law sim- bill takes needed, practical steps to ply by failing to follow the law’s require- ETHOPIA protect seniors in nursing homes and ments. ‘‘It is axiomatic that an agency can- Mr. BROWNBACK. Mr. President, I other settings wherever long-term care not do indirectly what it is not permitted to would like to voice my support for the services are delivered. The background do directly.’’ Forest Products Laboratory difficult work that Ethiopia is doing on check procedures used by most States Agreement with University of Wisconsin, 55 the battlefield of the war on terror in today are inadequate to keep out thou- Comp. Gen. 1059 (1976). FAA points to examples of other agencies the Horn of Africa. Ethiopia is a coun- sands of criminals, who can and do auctioning or charging market-based fees for try of great importance to the United take advantage of loopholes and gaps use of public lands or other public ‘‘prop- States, and is located in what some in State systems. This results in need- erty.’’ 2008 FAA Brief at 48–49. These are in- have called one of the roughest neigh- less tragedies and terrible harm to sen- apposite because unlike FAA, those agencies borhoods in the world. As one of our iors. had specific statutory authority for their ac- strongest allies in this complicated re- As chairman of the Senate Aging tivities. See, e.g, 16 U.S.C. § 472a (U.S. De- gion, Ethiopia has shown promise in Committee, I have read and heard partment of Agriculture auction of timber about too many of these stories. One rights on National Forest Service land); 43 meeting both economic and security U.S.C. § 315b (U.S. Department of Interior challenges. young woman, Jennifer Coldren, testi- issuance of grazing permits for public lands Although Ethiopia remains one of fied earlier this year that her 90-year- for ‘‘reasonable fees’’). FAA’s most analo- the poorest countries in the world, it is old grandmother was brutally as- gous example is the Federal Communica- developing a market-based economy saulted by a predator who had a crimi- tions Commission’s auction of license rights which has experienced an impressive 10 nal record that went unnoticed. If a to the electromagnetic spectrum. Again, percent annual growth since 2003. In more comprehensive background check however, Congress has specifically author- addition, the Government of Ethiopia, had been done on this individual, he ized the FCC to conduct such auctions, in- in close collaboration with regional would not have been working in this cluding specifying the conditions necessary for auction, bidder qualifications, and treat- and international health organizations, nursing facility, and the course of ment of auction proceeds. See 47 U.S.C. has achieved some success in address- Jennifer’s life and her grandmother’s § 309(j). As discussed above, despite FAA’s ing global public health concerns, in- life would not have been so horribly al- specific requests, Congress has given FAA no cluding the fight against HIV/AIDS, tu- tered. comparable auction authority. berculosis and malaria. It is past time for the Federal Gov- Finally, even if Congress were to remove The US-Ethiopia bilateral relation- ernment to take the lead in asking the annual appropriations restriction that ship is strong and enduring. Ethiopia is States to improve their screening proc- prohibits FAA from promulgating new avia- tion user fees, without other specific author- a vital partner of the United States in esses. To do so, States must improve ity, it could impose only a cost-based fee, the fight against terrorism, promoting their infrastructure. They must con- not the type of market-based fee it seeks to regional stability and combating vio- nect and coordinate their State reg- obtain by auctioning slots to the highest bid- lent extremism. As a growing democ- istries, such as those established for der. Under IOAA, when an agency is but one racy, Ethiopia shares with the United sex offenders and child abusers. They actor in the marketplace, it acts in a com- States a common commitment to pro- must screen all long-term care work- mercial, non-governmental capacity and moting freedom and human dignity. ers, including those who work in pri- may charge a fee based on the market price With respect to Ethiopia’s involve- vate homes. They must require State of the service provided. When instead an ment in Somalia, it is important to un- agency exercises its sovereign power and reg- police checks and checks against the ulates activities based on public policy derstand that the U.S., U.N., E.U., and FBI’s national criminal history data- goals—as FAA would be acting, if it were to A.U., all have urged Ethiopia to remain base. auction slots—it acts in a regulatory capac- in Somalia until replacement forces ar- We know that States will take these ity, and user fees are limited to the agency’s rive or a stable government is formed. steps to improve their background costs of providing the specific benefit to the Ethiopian government officials have check procedures if Congress individual recipient. If FAA’s fee were based stated that while the Government of incentivizes them to do so. Seven on market value and exceeded its cost of pro- Ethiopia is anxious to remove their States did exactly that after we pro- viding the slot to the recipient airline, the forces at the earliest possible time, it vided them with modest grants under a fee could rise to the level of a tax. A tax would be beyond IOAA’s grant of authority has delayed the withdrawal of troops pilot program enacted as part of the and FAA would have to have some other from Somalia, at great political and Medicare Modernization Act of 2003. Congressionally-delegated authority to im- economic cost, until replacement The dollar amounts required to get pose it. National Cable Television Ass’n, Inc. v. troops arrive to ensure the stability of these States to expand and improve

VerDate Aug 31 2005 05:14 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.108 S02OCPT1 rfrederick on PROD1PC67 with SENATE October 2, 2008 CONGRESSIONAL RECORD — SENATE S10467 their systems were modest, ranging U.S. SENATE, ing on behalf of GSK. In a letter to the As- from about $1.5 million to $3 million COMMITTEE ON FINANCE, sistant Dean for Administration, Dr. per State. Washington, DC, October 2, 2008. Nemeroff wrote: Apart from speaking at na- The results have been extremely im- Hon. JAMES W. WAGNER, Ph.D., tional symposia, such as the American Psy- President, Emory University, Dowman Drive, chiatric Association, for which GSK might pressive. At the close of the pilot pro- Atlanta, GA. serve as a sponsor, my consultation to the gram, more than 9,000 applications had DEAR DR. WAGNER: The United States Sen- company is limited to chairing their been disqualified—because a com- ate Committee on Finance (Committee) has Paroxetine Advisory board and for that, I am prehensive check showed that the ap- jurisdiction over the Medicare and Medicaid remunerated $15,000 per year. plicant had a serious criminal history programs and, accordingly, a responsibility However, on March 16, 2004, three days or a record of substantiated abuse. As a to the more than 80 million Americans who prior to signing this letter, GSK paid Dr. result, thousands of individuals who receive healthcare coverage under these pro- Nemeroff $3,500 for a talk he gave on Paxil at grams. As Ranking Member of the Com- the Citrus Club, a members only business es- could have harmed our parents, grand- mittee, I have a duty to protect the health of tablishment in Orlando, Florida. On March parents, and loved ones have not been Medicare and Medicaid beneficiaries and 17, 2004, he gave another $3,500 talk about allowed to do so. And all seniors in safeguard taxpayer dollars appropriated for Paxil in Kissimmee, Florida. The week after these States who are receiving long- these programs. The actions taken by he signed this letter, Dr. Nemeroff gave term care services—in Alaska, Idaho, thought leaders, like those at Emory Univer- three talks on Paxil, for $3,500 each, at var- Illinois, Michigan, Nevada, New Mex- sity (Emory), often have profound impact ious venues in New York State. ico, and Wisconsin are now safer. upon the decisions made by taxpayer funded In June 2004, Emory’s COI Committee re- leased a report on Dr. Nemeroff’s company We have a responsibility to build on programs like Medicare and Medicaid and the way that patients are treated and funds sponsored grants and outside activities. Dr. this record of resounding success. If we expended. Nemeroff was provided a copy of the report help States to take these steps I have I would like to expand on concerns I which stated in pertinent part: outlined, we can reduce the terrible brought to your attention regarding prob- The Committee concluded that you did not toll of elder abuse. If we do nothing, ex- lems with the disclosures of outside income follow procedures and policies regarding the perts tell us abuse rates will continue filed with Emory by Dr. Charles Nemeroff, review of your consulting agreements and to rise. Chair of the Department of Psychiatry. I that you failed to disclose your potential have previously cited discrepancies per- conflicts of interest in research in your An- I am pleased to have Senator DOMEN- taining to Dr. Nemeroff’s disclosures filed nual Disclosure Form for 2002–2003, your ICI as a partner and many of my col- with Emory and reports that I received by Sponsored Projects Approval Forms, and leagues as cosponsors, including Sen- several companies regarding payments made your IRB and IACUC forms. ator LINCOLN of Arkansas and Senator to Dr. Nemeroff. I also raised concerns about In response to this report, Dr. Nemeroff COCHRAN of Mississippi. Thanks to the Dr. Nemeroff’s conflicts of interest relating wrote a memorandum to the executive asso- leadership of Senator BAUCUS and Sen- to several National Institutes of Health ciate dean on July 6, 2004, explaining how he ator GRASSLEY, the cost of this bill— (NIH) grants. would manage his conflicts in the future. He $100 million over 3 years—is fully off- Federal regulations place numerous re- included the last page of the COI Commit- quirements on a university or hospital when tee’s report with his signature to indicate set. With regard to all other Senators, its researchers apply for NIH grants. These ‘‘that I will follow the management plans for the only offices that have expressed regulations are intended to ensure a level of my conflicts of interest.’’ As part of this concerns are those of Senator COBURN objectivity in publicly funded research, and management plan, Dr. Nemeroff wrote, ‘‘In of Oklahoma and Senator DEMINT of state in pertinent part that NIH investiga- view of the NIMH/Emory/GSK grant, I shall South Carolina. I appreciate the will- tors must disclose to their institution any limit my consulting to GSK to under $10,000/ ingness of their staffs to meet with my ‘‘significant financial interest’’ that may ap- year and I have informed GSK of this pol- staff and trust that they will be able to pear to affect the results of a study. NIH in- icy.’’ Barely a week after this promise, on July reach agreement shortly. terprets ‘‘significant financial interest’’ to mean at least $10,000 in value or five percent 12, 2004, GSK paid Dr. Nemeroff $3,500 in fees In closing, the Patient Safety and ownership in a single entity. and $505.40 in expenses for a talk he gave re- Abuse Prevention Act has made sub- From the summer of 2003 until the summer garding Paxil at the Larkspur Restaurant stantial progress during the 110th Con- of 2008, Dr. Nemeroff was the primary inves- and Grill in Las Vegas, Nevada. The fol- gress. It is strongly endorsed by attor- tigator on a collaborative grant between lowing day, Dr. Nemeroff gave two more neys general across the country, by the Emory, GlaxoSmithKline (GSK) and the Na- talks in exchange for $7,000 from GSK ($3,500 business community, labor unions, and tional Institute of Mental Health (NIMH)— per talk). On July 19, 2004, Dr. Nemeroff received an elder justice advocates. It has been the Emory-GSK-NIMH Collaborative Mood Disorders Initiative (Initiative). This Initia- invitation from the marketing team of thoroughly discussed in public hearings tive examined five novel GSK antidepressant Lamictal to attend their national advisory and also during a markup in the Senate candidates. The NIH budgeted approximately board meeting on November 15–16. Dr. Finance Committee, where it was $3.95 million over this grant’s five year pe- Nemeroff responded by email: I cannot at- unanimously approved. The adminis- riod with about $1.35 million paid directly to tend this meeting, unfortunately for two rea- tration has provided technical assist- Emory for overhead costs. Apparently, Dr. sons. First I have a prior commitment pre- ance on the bill. I hope that all Sen- Nemeroff also received some payment for his senting grand rounds at St. Louis University ators will recognize the wisdom of ap- salary from this grant, although the exact on the 16th and a chairs meeting at Emory on the 15th. Secondly because I serve as the proving this measure. Failing to take amount has not yet been made available to the Committee. Principal Investigator of the Emory/GSK/ action to protect our Nation’s frailest On several occasions during the life of this NIMH grant from NIH on Antidepressant citizens should be unacceptable to all grant, it appears that Dr. Nemeroff failed to Drug Discovery, I am very limited in my of us. report to Emory that he was participating ability to consult with GSK as this is viewed actively on the speaker’s bureau for GSK. as a conflict of interest. f For instance, in an email regarding his out- Records supplied from GSK show that Dr. side activities dated October 1, 2003, Dr. Nemeroff was most likely in St. Louis on the Nemeroff wrote: . . . I have to dig up the 16th of November. On November 17th, GSK PAYMENTS TO PHYSICIANS agreement and send it to you, GSK no stand- paid Dr. Nemeroff $7,000 for two clinical Mr. GRASSLEY. Mr. President, I ing contract, I chair their ad board 2–3 times roundtables at two physicians’ offices in St. have been examining several doctors at per year and I am paid per board meeting at Louis, and $3,500 for a lecture he gave at universities across the country to see if a standard rate of $5K per weekend. Kemoll’s Italian Restaurant. However, and based upon information in On July 15, 2004, Emory’s Office of the they are complying with the financial our possession, in 2003 GSK paid Dr. Dean sent Dr. Nemeroff a letter regarding disclosure policies of the National In- Nemeroff about $119,000 in speaking fees and the Emory-GSK-NIMH Collaborative Moods stitutes of Health. I ask unanimous expenses. Based upon information provided Disorders Initiative grant. The letter con- consent to have printed in the RECORD from Emory, Dr. Nemeroff did not report cerned the COI Committee’s review of his re- my latest letter to Emory University that he was giving promotional talks for lationship with GSK. The letter stated: The regarding Dr. Charles B. Nemeroff and GSK on Paxil and Lamictal. [COI] Committee understands that you serve the Emory-GlaxoSmithKline-National On March 19, 2004, Dr. Nemeroff again ad- on the GlaxoSmithKline Paroxetine Advi- dressed his relationship with GSK in re- sory Board and provide advice to GSK on Institute of Mental Health Initiative. sponse to questions from Emory’s Conflicts their products that are already on the mar- There being no objection, the mate- of Interest (COI) Committee. Again, it ap- ket. For these services, you receive approxi- rial was ordered to be printed in the pears that Dr. Nemeroff did not mention the mately $15,000 annually. You do not have any RECORD, as follows: fees he was receiving for promotional speak- stock options or equity interests in GSK.

VerDate Aug 31 2005 06:33 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.001 S02OCPT1 rfrederick on PROD1PC67 with SENATE S10468 CONGRESSIONAL RECORD — SENATE October 2, 2008 Please correct the record if this is not cor- a. Total amount of grant; ers when the $76 million in fraudulent rect. . . . The [COI] Committee found that b. Amount provided to Emory for over- loans it made was exposed in January you have a significant financial interest in head; and 2007. An OIG investigation regarding GSK because your consulting fees are more c. Amount of grant provided as salary to allegations of the fraudulent loans than the de minimis amount established by Dr. Nemeroff. Emory’s University Policy, the AAMC guide- (2) Please provide all communications re- helped lead to the arrest of a BLX exec- lines, and PHS regulations, which is cur- garding this investigation and/or Dr. utive vice president and 18 other indi- rently $10,000 annually. . . . In order to man- Nemeroff’s outside consulting. This informa- viduals, who were not BLX employees. age this conflict of interest, the [COI] Com- tion may be held by Dr. Nemeroff and/or his OIG followed up the investigation by mittee requires that you keep your con- assistant and/or supervisors to Dr. Nemeroff. releasing the report on SBA’s oversight sulting fees from GSK to an amount equal to The time span of this request covers Novem- of BLX. Despite the obvious need for or less than $10,000 on an annual basis ber 2007 to the present. more, not less, transparency of SBA’s throughout the grant period, its renewals, (3) According to documents provided to us oversight activities, when the report and final collection of data. by Emory, Dr. Nemeroff wrote a memo to In response, Dr. Nemeroff sent a letter to himself on the letterhead of the journal De- was made publicly available in October the executive associate dean on August 4, pression and Anxiety, stating that he was of that year, it was heavily redacted 2004. Dr. Nemeroff wrote: However, to reit- paying himself $3,000 to write a supplement and virtually useless to the public in erate, I have already taken the necessary for that journal. Dr. Nemeroff then filled out trying to determine what the SBA is steps to be in compliance with the rec- an Emory form for payment, with the money doing to address the multimillion dol- ommendations of the COI Committee, name- being withdrawn from Emory account 9– lar loan fraud that took place under its ly my consulting fees from GSK will be less 30410–2170. Please provide documents and ex- watch. than $10,000 per year throughout the period planation for the source of funds that were of this NIH grant, its renewals and final col- placed in this account. To further underscore the damage lections of data. GSK has been informed of Thank you again for your continued co- that took place, it is important to note this change and certainly understand the operation and assistance in this matter. As that, in the time that has elapsed since reasons for this decision and is supportive of you know, in cooperating with the Commit- the report was issued, BLX—now called my compliance with the university rec- tee’s review, no documents, records, data or Ciena Capital has declared bankruptcy. ommendations. information related to these matters shall be According to the company, it will con- According to GSK reports, Dr. Nemeroff destroyed, modified, removed or otherwise exceeded the $10,000 limit within that very tinue to manage its assets as a ‘‘debtor made inaccessible to the Committee. in possession’’ under the jurisdiction of same month. On August 23, 2004, Dr. I look forward to hearing from you by no Nemeroff was paid $3,500 for a teleconference later than October 16, 2008. All documents re- the bankruptcy court. However, we are with the Louisiana State University Psychi- sponsive to this request should be sent elec- still concerned that the former BLX atry Department. GSK reports that this was tronically in PDF format to will not fulfill its obligations to the a ‘‘non product’’ talk. However, Dr. Nemeroff [email protected]. If SBA and the American taxpayer, in gave talks on the 25th and 26th at two res- you have any questions, please do not hesi- turn. taurants in New York regarding Paxil—one tate to contact Paul Thacker at (202) 224– Even so, as detailed in hearings on at Passion Fish Restaurant in Woodbury and 4515. the second at Burton and Doyles in Great Sincerely, SBA lender oversight, our committee Neck. For each talk, GSK paid Dr. Nemeroff CHARLES E. GRASSLEY, remains very concerned by the number a $3,500 speaking honorarium. On August 31, Ranking Member. and breadth of the redactions of the 2004, Dr. Nemeroff held a ‘‘non product’’ tele- Attachment. BLX report. At the lender oversight conference for an additional $3,500. hearing on November 13, 2007, then SBA On October 29, 2004, the assistant dean for DR. CHARLES NEMEROFF’S DISCLOSURES ON Administrator Steven Preston prom- administration sent Dr. Nemeroff a letter GLAXOSMITHKLINE concerning his grants. Relying on Dr. ised to work with the committee to make more of the report publicly avail- Nemeroff’s promise to maintain his con- Amount Disclosure filed in able. To date, there has been no agree- sulting fees from GSK below $10,000, Emory Year Company March 2008 company informed him that he did not have a conflict reported ment on a meaningful release of re- with the Emory-GSK–NIH Collaborative 2000 ..... GlaxoSmithKline ...... No amount provided 1 $190,918 dacted material. Mood Disorders Institute. 2001 ..... GlaxoSmithKline ...... No amount provided 1 135,460 In the context of conducting over- However, GSK reports that Dr. Nemeroff’s 2002 ..... GlaxoSmithKline ...... $15,000 ...... 232,248 2003 ..... GlaxoSmithKline ...... Not reported ...... 119,756 sight, it has become apparent to the final lecture on Paxil was given on January 2004 ..... GlaxoSmithKline ...... $9,999 ...... 171,031 26, 2006. That day he gave two talks in 2005 ..... GlaxoSmithKline ...... $9,999 ...... 78,097 committee that the OIG did not exer- Springfield, Missouri. He gave one lecture at 2006 ..... GlaxoSmithKline ...... No amount provided 2 32,978 cise independent authority on what the Burrel Behavioral Health and the second 1 Consulting agreement for two weekends a year. was redacted and instead let the agen- at Mille’s Turn of the Century Cafe´. GSK 2 Speaker’s Bureau, $3,500 per talk; $5,250 for rotating speakers series. cy it was investigating dictate that paid Dr. Nemeroff $7,000 for the lectures Note 1: When a Physician named a company in a disclosure but did not provide an amount, the text reads ‘‘no amount reported.’’ When a Physician large sections of the report be re- along with $174.98 in expenses. did not list the company in the disclosure, the column read ‘‘not reported.’’ dacted. This is contrary to the usual Based upon information provided to me, it process that occurs with SBA OIG re- appears that Dr. Nemeroff denied giving f ports. Of the 15 reports that the OIG these lectures. For instance in a letter on REPORT OF THE SBA INSPECTOR November 20, 2006, Dr. Nemeroff wrote the has released this year, there have been following to the Emory dean about his out- GENERAL none with a volume of redactions even side activities: Mr. KERRY. Mr. President, on behalf close to those in the BLX report. Of the ‘‘I was somewhat surprised by the sugges- of Senator SNOWE and myself, I rise 30 reports OIG issued in 2007, only 3 re- tion that I serve as [primary investigator] or today to express our concern that the ports have a comparable amount of co-PI in any research protocols funded by a text redacted and those are all reports company with which I have a financial rela- Small Business Administration has tionship. This is absolutely untrue. Quite taken steps to hide from public view regarding agency information security. some time ago, I made that decision based on the details of one of the largest lending In this statement, I will bring to the 2004 letter from Dr. Adkison and have scandals in that agency’s history. As light the OIG’s first three rec- stuck to it. Thus, this is not an issue.’’ chairman and ranking member of the ommendations to the SBA and a sum- However, during the years that Dr. Senate Committee on Small Business mary of the SBA’s comments on the Nemeroff served as the primary investigator and Entrepreneurship, we take our recommendations, which were redacted of the Emory/GSK/NIMH Initiative it seems he failed to report approximately half a mil- oversight role of the SBA seriously, in the publicly released report. There is lion dollars in fees and expenses from GSK. and we believe that transparency is nothing in this material that should These fees covered dozens of talks given to vital to a well-functioning government. have been withheld. In fact, on August promote drugs sold by the company. On July 11, 2007, the SBA’s Office of 3, 2008, the New York Times reported in Accordingly, I request that your institu- Inspector General issued a report on an article that revealed the substance tion respond to the following questions and the agency’s oversight of Business of the three redacted recommendations requests for information. For each response, Loan Center, LLC, otherwise known as that ‘‘With the American taxpayer as- please repeat the enumerated request and BLX. That report was not made pub- follow with the appropriate answer. suming responsibility for all manner of (1) For each year that the Emory/GSK/ licly available until October of the bad loans made by reckless lenders, it’s NIMH grant was active, please provide the same year, in a heavily redacted form. puzzling that a scathing 2007 audit of following: BLX was one of SBA’s largest 7(a) lend- the Small Business Administration’s

VerDate Aug 31 2005 06:33 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.051 S02OCPT1 rfrederick on PROD1PC67 with SENATE October 2, 2008 CONGRESSIONAL RECORD — SENATE S10469 oversight of one of its top private lend- made to the public version of this re- and to promote economy, efficiency, ers remains hidden from view.’’ Addi- port. That said, Senator SNOWE and I and effectiveness in the administration tionally, even if there had been a rea- would like to see the OIG write reports and management of SBA programs. Ac- son to withhold this information, the in a manner that allows for the max- cording to the SBA Web site, the SBA public interest would outweigh that. imum availability of information for inspector general ‘‘keeps the SBA Ad- Given the crisis in the credit market, the public whenever possible. ministrator and the Congress fully in- it is more important than ever that the The redacted passages that the com- formed of any problems, recommends public have confidence that SBA can mittee is making public, in accordance corrective actions, and monitors handle its lender oversight responsibil- with both Senate and committee rules, progress in the implementation of such ities. are those that the committee believes actions.’’ The redacted portion is a rec- will be the most useful to the public To resolve this situation, the com- ommendation on how to go forward in and that were redacted under privileges mittee has engaged in staff discussions improving SBA’s lender oversight and that, given the passages themselves, with OIG and OGC with the intention is illustrative of a process that broke are outweighed by the public good that of coming to an agreement with the down in this instance and needlessly can be gained by their disclosure. The OGC on additional portions of the re- made information confidential without SBA asserted that the first three rec- port that could be released. However, due consideration. ommendations and the summary para- OGC has simply not been responsive. According to both the SBA’s Office of graph in its response should be re- Even when made aware of the commit- General Counsel and the OIG, the SBA dacted due to the ‘‘deliberative process tee’s concern about the adequacy of its followed a preemptive Freedom of In- privilege,’’ and for the first rec- response, in subsequent followup by the formation Act process when preparing ommendation they also included the committee, OGC did not address crit- for the public release of the BLX re- bank examination FOIA exemption and ical issues and did not agree to make port. At its heart, the FOIA is a disclo- privilege. The deliberative process any new releases of information. It also sure statute, with certain outlined ex- privilege is exemption (b)(5) of the continued asserting Executive Privi- emptions. Indeed, although FOIA re- FOIA and covers ‘‘inter-agency or lege which, as the committee has pre- sponsiveness has been problematic at intra-agency memorandums or letters viously pointed out, must be, and has best under the Bush administration, it which would not be available by law to not been, asserted by the President has at least recognized FOIA’s impor- a party other than an agency in litiga- personally. tance on paper as a tool to increase ac- tion with the agency.’’ It traditionally Therefore, to put an end to this mat- countability of Government. As is stat- covers the advice, recommendations ter, the committee is putting on the ed in former Attorney General John and subjective evaluation that agency record some information that was Ashcroft’s FOIA memo of October 12, staff make in the performance of their withheld to serve as an example of a 2001, which set the policy standard for duties. In this case, the public can see process gone wrong that prevented ac- FOIA compliance for the Administra- from the release of this information countability in Government by keeping tion: ‘‘It is only through a well-in- how the SBA and its OIG were inter- from the public information about the formed citizenry that the leaders of our acting in the investigation of SBA’s oversight capabilities of an agency nation remain accountable to the gov- failed oversight of BLX, a lender mak- that, though comparatively small, can erned and the American people can be ing Government-backed loans. Regard- have a huge impact on our economy. assured that neither fraud nor govern- ing the ‘‘bank examination’’ FOIA ex- BLX made over $76 million in fraudu- ment waste is concealed.’’ emption (b)(8) and privilege claim, that lent Government-backed loans despite Unfortunately, discussions with the exemption only pertained to a portion SBA’s oversight of their lending activi- OIG and OGC make clear that neither of recommendation No. 1, for which ties. More transparency, not less, is office fully evaluated each redaction SBA indicated it believed it could ap- called for to explain to the American with the above-mentioned guidance in prove the release of an unredacted people what happened and how it will mind. The OIG faced a large number of version. be prevented in the future. requested redactions from the OGC SBA claims that the deliberative Without objection, I ask to have the and, rather than challenge the OGC on process privilege exemption applies be- redacted portion of the OIG’s rec- them, simply decided to release the re- cause the OIG is a part of the agency. ommendations printed in the RECORD. There being no objection, the mate- port with SBA’s huge number of re- However, we believe that applying the rial was ordered to be printed in the quested redactions intact. The OGC ex- exemption to the OIG—which is an RECORD, as follows: pressed surprise the OIG did not push independent office created within the back more on their requested SBA by law to conduct and supervise We recommend that the Associate Admin- istrator for Capital Access take further ac- redactions and seemed to have clearly audits, inspections, and investigations tion to mitigate the risk posed by BLX and acted on the instinct to ask for more relating to SBA programs and sup- to promote consistent and uniform enforce- redactions they expected to have made. porting operations; and to detect and ment actions by: The end result was a report that did prevent waste, fraud, and abuse—in the 1. Setting specific performance goals and nothing to increase transparency of blanket manner SBA has done has the target dates for BLX to demonstrate im- Government and was virtually useless potential to render the OIG useless. If provement. At a minimum, the goals should to the public. the deliberative process privilege ex- require BLX to obtain a risk rating of at least ‘‘3.’’ As I mentioned earlier, the treat- emption is as broad as SBA asserts, 2. Reducing the guaranty percentages for ment of this report is in stark contrast then the recommendations in the re- all new loans originated by BLX, until such to that of other OIG reports, which ports that preceded this one, as well as time as BLX has demonstrated the required tend to have few redactions. Indeed, the two recommendations in the BLX level of performance. the followup report on lender oversight report it did not redact, should have 3. Suspending BLX’s delegated lending au- that was released by OIG in May 2008 also been redacted. If that were the thorities until the goals in recommendation had comparatively few redactions. case, there would be virtually no use in one are met. However, in the BLX report, the having an OIG. The SBA’s comments on those rec- redactions were so severe that the OIG We are very concerned that the ommendations were completely re- felt compelled to write a summary as a SBA’s actions in redacting key infor- dacted. These sentences are from the cover page because the extensive mation and recommendations in the first paragraph of the section that redactions made the report difficult to BLX could undermine the future au- summarizes the SBA’s response. understand. Without question, the na- thority and efficacy of the OIG. The SBA management partially agreed with ture of this report also contributed to OIG is an independent office created recommendation 1, neither agreed nor dis- the number of redactions, since it con- within the SBA by law to conduct and agreed with recommendation 2, provided a conflicting and unclear response to rec- centrated on SBA’s oversight of one supervise audits, inspections, and in- ommendation 4, and disagreed with rec- company. Even so, a more thorough vestigations relating to SBA programs ommendations 3 and 5. Management noted process would have undoubtedly re- and supporting operations; to detect that it recently created a new Office of Cred- sulted in far fewer redactions being and prevent waste, fraud, and abuse; it Risk Management (OCRM) out of the

VerDate Aug 31 2005 05:14 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.046 S02OCPT1 rfrederick on PROD1PC67 with SENATE S10470 CONGRESSIONAL RECORD — SENATE October 2, 2008 former OLO, which is now responsible for group of individuals to have the power to ad- to them and he sold them to them. So I lender oversight. ). versely affect an entire nation just because think that car manufacturers are in cahoots While the former BLX’s bankruptcy they have the time and resources to scream with the gas companies too! Another thing—we do not need to help makes the contents of the report moot in the government’s ear while the rest of America is too busy just fighting to survive. those countries that hate us. Stop sending to that particular company, we want to We are lucky because we have good-paying aid to countries that want us dead! Let them set the record straight on how this jobs and are able, so far, to absorb the cost. help themselves—we have our own problems matter was handled so that, hopefully, But I worry about my children who are here that we really need to take care of—do SBA will handle such reports with struggling to make ends meet and raising not worry about these other countries—take more openness in the future. their children and are being forced some- care of us!! Thank you, Mr. President. times to choose between buying food or pay- DEBBIE. ing their utilities and putting gas in their f car to get to work. We all need help—now. Thank you for your concerns. It is appre- JANE, Iona. ciated. High fuel prices have affected every IDAHOANS SPEAK OUT ON HIGH single item we purchase and everyday living. ENERGY PRICES Thank you for the opportunity to respond We spend roughly around $500 per month just Mr. CRAPO. Mr. President, in mid- on the rising cost of gasoline, food, energy, traveling to work and back home. We only June, I asked Idahoans to share with etc. I am amazed at how much everything travel when it is absolutely necessary. We me how high energy prices are affect- has risen in the past six months. My elec- had planned a family reunion in Washington tricity bill is on level pay (I do not like sur- State this summer, but have cancelled due to ing their lives, and they responded by prises so I opt to have a set amount each the higher and ever increasing cost of fuel. the hundreds. The stories, numbering month). This past month my level pay went We turn off our oil furnace unless it is too well over 1,200, are heartbreaking and up $24 a month! I am already paying $95 a cold that we cannot get by with extra blan- touching. To respect their efforts, I am month for natural gas to heat my home and kets. Our heating fuel cost for 11⁄2 month is submitting every e-mail sent to me water. Our city has just raised the cost of up to $668. Food and necessities are up 20% through an address set up specifically water, garbage and sewer by $12 a month; at from four months ago, on most items. Cloth- for this purpose to the CONGRESSIONAL least that is how much my bill went up. ing prices are up as much as 40% on some Gasoline—boy, where do I start! When it items. Everything is costing more. RECORD. This is not an issue that will started going up three years ago, I started I am employed with a state entity. I re- be easily resolved, but it is one that de- cutting back then; now there really is not a ceived a 4% increase, which I am grateful serves immediate and serious atten- lot that I can do. I plan my day around for, just enough of an increase to cover the tion, and Idahoans deserve to be heard. where I need to go. I try to do everything in increase in cost of our health insurance. As Their stories not only detail their one day so that I am not running into town you can see, it does not cover the cost of in- struggles to meet everyday expenses for one item. We are walking or riding our flation. My husband and I now worry if we but also have suggestions and rec- bikes to places that do not require us to are going to have to save less for our retire- ommendations as to what Congress can carry a lot. If I have a doctor’s appointment, ment in order to just live! I try to make other appointments the same Our children have families of their own. It do now to tackle this problem and find day and spend the day going from one to the is even harder for them. Even though Idaho solutions that last beyond today. I ask other—doing shopping, errands, etc. all in has increased the wages, it still does not unanimous consent to have today’s let- that day. It makes for a very long day, but seem to be in line with the continuing in- ters printed in the RECORD. then I do not drive anywhere for two or three creases in the cost of living. I do not see There being no objection, the mate- days. I think it saves me in the long run. I things getting any better in the near future. rial was ordered to be printed in the do belong to a fitness club and try to carpool In fact, I feel they will just get worse. RECORD, as follows: with my cousin to that. We take turns driv- ANNA. ing and if we have errands to do, we do them We have tried to have a fair amount of ex- together if it is in the same area—saves us This e-mail is in response to your recent e- pendable income for emergencies and unex- both on gas. newsletter on energy prices. pected expenses, but with the rising gas I have a small business where I have to Stories: Our church is investing in modern, prices we have seen this ‘‘buffer’’ disappear. travel to people’s homes. I have had to high-efficiency heating and improved insula- We are both employed outside the home and charge a service call of $25 if it is out of Po- tion including blinds over windows that we must drive a fair distance to get to work. We catello. I used to give free estimates all believe will reduce energy use and cost. The have owned the same vehicles for over four around the area, but I cannot afford it any downside is that the money for these im- years. We do not have a lot of options to more. If the clients purchase from me, then provements and high energy costs will not be lower our fuel costs. We cannot sell our I will apply the $25 to their order. It is the spent on community mission work in Poca- home and move closer to our jobs. We cannot only way I can afford to run my business. tello and beyond. sell our vehicles and buy more fuel efficient What else can I do? Individual persons and families we know vehicles so we are kind of stuck. For the My two adult sons purchased scooters are changing habits. We held a group discus- first time in our lives, we have had to resort three years ago and some of their friends at sion at worship to invite ideas and solutions. to putting gasoline on credit cards to get ISU laughed at them—now my sons are the Examples are: more use of bikes with empha- from paycheck to paycheck. It is not just the ones that are laughing as their friends tell sis on Pocatello Free Bikes (rebuilt by teen- gas prices, but I have seen a 400% increase in them how smart they were to get those agers) for people with less money for new my power bill that I have no explanation for. scooters when they did, because the price of bikes; more thoughtful planning of shopping Nothing has changed in my usage and, in them have doubled! My husband rides his trips such as combining stops rather than fact, I switched to a gas dryer to try to de- motorcycle to work (a 22-mile round trip) multiple home-store trips; use of mass tran- crease consumption. But, last year my aver- every day when the weather is good. It saves sit and calls for more organized carpooling in age power bill was $30 a month. This year it us about $100 a month because we are not Pocatello; calls for coordination between bus is $120 a month. Also, I have found that the filling his truck up weekly. fleet operators (Pocatello, School District 25, $100 per week I spend on groceries only buys I wish that the government would listen to ISU, etc.) to increase flexibility and service. half of what it used to. The rising gas prices the people, not those environmentalist We all lose some choices in how we use our have affected many areas of my life and my wackos who are tree huggers. I want more time. budget. In fact, my husband was asked to refineries in our country. I want more drill- Some commuters (Pocatello to Blackfoot take a 10% cut in pay about two months ago ing in our country. I do not like the fact that or Idaho Falls) are looking for work closer to because the construction company he works our money goes to those foreign countries home. Pocatello is a poor city with average for was having a difficult time keeping up who hate America! Why are we supporting per capita income only about 2⁄3 the national with rising costs in construction. It seems them? They take our money, control the oil average. Workers who accept lower pay in like every aspect of our lives is being af- prices and are out to get us one way or an- Pocatello to compensate for high motor fuel fected by the rising gas prices, and we are other! We need to become independent of costs simply reduce the disposable income in powerless to do anything about it. What is them—we do not need them—let’s use the re- town. The long-term effect will be local busi- even more frustrating is knowing that the sources that are in our own country! Let us nesses further in decline (or not growing and problem could be remedied by the federal make America great and the super power we expanding) and a shift of economy to grey- government if they would be willing to take once was. market (you help me fix my car; I’ll help fix action. There are options available to use I wonder why the car manufacturers do not your deck) that is outside normal commerce our own resources and refuse to have an en- design a car that gets better gas mileage! I and taxation. So this impact will begin to re- tire nation held prisoner by foreign oil. I am know that the technology is there. I heard duce government income. aware of the concerns by environmentalists, about 25 years ago that a gentleman had de- There is more discussion among thoughtful but I believe we have the technology to re- veloped a car that got better gas mileage and people about sustainability than I have move these resources with minimal effect on the car manufacturers and gas companies heard in years. People are asking questions the environment. It is wrong to allow one paid him millions for his plans and the rights about an energy-intensive economy that will

VerDate Aug 31 2005 05:14 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.046 S02OCPT1 rfrederick on PROD1PC67 with SENATE October 2, 2008 CONGRESSIONAL RECORD — SENATE S10471 reveal massive cheap energy misuse and reduction by violence—reduce military mis- year, we did not see even one standard pick- waste in the agriculture system; considering sions in Iraq and Afghanistan and shift to po- up truck, for the reason of fuel efficiency. community design around live-work-play litical, diplomatic, economic efforts with And I did see many quality small cars and areas as opposed to commuting; and raising other nations involved. scooters that are not imported to the US, concerns that short-term greed in the energy Use the national energy crisis as a lever to such as a motor scooter with seat back and economic system will lead to further eco- re-think the role of corporations. Once cor- roof by BMW. nomic class division and injustices. Congress porations were set up to help remove liabil- I would also question whether your efforts cannot allow our economy to decline to a ity from individuals so they would take risk, to stifle climate change legislation in trade survival of the richest over the general pub- invest, and build enterprise for America and for avoiding high fuel costs in the short term lic without inciting class warfare. We are Americans. Over the past few decades, cor- make economic sense in the long-term inter- seeing the beginnings of mass protest world- porations have lost their social responsi- ests of US citizens. If what is said of climate wide—trucker strikes, etc. bility and think of top management and change effects comes to pass, those with cre- shareholders as the only stakeholders wor- dentials to know have shown that taking no Thoughts on Congressional priorities. thy of decisions. But corporations are the action to mitigate those effects now may not Short-term: Get the Department of Energy nation’s best hope for good jobs and ‘doing be in the best interests of the country or our to be pro-active. US–DOE has lots of infor- well by doing good.’ If you folk cannot help descendents. Please consider the long range mation on their web site but little seems to get corporations back into part of the Amer- balance of benefit here. be circulating in terms of press releases, sup- ican dream for all Americans then the I have watched inventors working on their plements to K–12 or university education, ad- masses will push for government shift to- own electric cars (Orin Bridges, now de- vice to businesses about how to conserve and ward socialism. I lived and worked in the UK ceased, here in Sandpoint converted his car make better energy investments leading to for many years and know the stifling effect to electric plug-in and drove it 15 miles to sustainability. of an entitlement mentality. town and back in the 1990s, and recharged it Do not give blanket permission to energy LAURENCE. from solar panels on the roof of his mountain companies to use non-renewable resources I am a Federal Police Officer, and I work house). I have seen buses of college kids (e.g. drilling on land, off-shore, sensitive at the Department of Veterans Affairs hos- come through teaching classes on bio-diesel, areas, dirty coal, etc.) until a parallel energy pital in Boise. I live 50 miles from the VA, so which powered the bus they traveled in, also use reduction for sustainability system is I have a daily commute of 100 miles. My wife around year 2000. And for decades I sold and working. Using our children’s and grand- and I would consider moving closer to Boise; installed solar electric modules as the most children’s resources to feed the pig of US en- however, she is a federal employee at the economical power option for people living ergy consumption levels and obscene energy Mountain Home Air Force Base. She has a over half a mile from the nearest power line. company profits now would be immoral. 20-mile daily commute (roundtrip). I prefer Now that world fuel production has not in- Do more to expand public education for her to have a shorter commute than me. creased for three years running and fuel de- around energy and resource conservation for We do see the effects of the higher gas mand and prices are rising, we are seeing tre- a sustainable US energy future. This should prices. I drive a 2002 Ford Ranger 4X4. I never mendous mainstream progress in looking at be a crash project. I wrote to you, Sen. Craig wanted to own a full-size truck, and I am sustainable fuel sources and independence and Rep. Simpson recommending that the glad I bought the Ranger. However, the best from imported oil. Please check the January 2005 Federal Energy Bill include funding for mileage I can get is about 21 mpg. I would edition of Scientific American for a national education. There is not a penny. So market hate to sell my truck, because we need it for solution for the electric grid that uses tech- forces (AKA Greed) are driving the energy working on our land. Besides that, it is nology available today, and costs no more train now. Coordinate all the players in the tough to get a load of lumber at the Home than the Iraq war has cost to date. energy mess: governments (federal, state, Depot in a little economy car. So, I eat the STEVE. and local); corporations and other busi- gas prices and continue to work at my good f nesses; non-government/non-profit organiza- federal job. We are cutting back on some of tions (information and advocacy, compas- the things we like to do, such as go out to TRIBUTE TO CENTRAL HIGH sionate action for impacted people); and, or- dinner, golf, and travel. These are all things SCHOOL ganized crime (like Enron-thinking compa- that help the economy, and we enjoy doing Mr. LEVIN. Mr. President, I have the nies who are taking windfall profits). Use them. But something has to be done, hence honor of rising today to recognize an principles of social marketing that uses com- the cutbacks. I am also spending the night in mercial advertising/marketing tools to sell Boise at least one night a week so I can important part of Detroit’s public edu- products but for common good purposes avoid the commute, and the gas station. I do cation, my alma mater, Detroit Cen- (anti-smoking, AIDS prevention, etc.) not like being away from my family, but it tral High School, which is celebrating Longer/long-term: Get the Department of is another sacrifice I have to make to save at the 150th anniversary of its opening. Energy to be pro-active in developing policy the pump. Since 1858, when the first 24 students and programs. These folks have not devel- I hate to think about the future, as the entered a single classroom, thousands oped viable federal energy policy or jaw- price of gas will be passed down to food, of students have passed through its boned to reduce corporate greed for decades. clothing, and other essential elements of doors. It was originally conceived to For example, technology and policy for nu- life. I pray that the government will open up clear power developed into the 70s simply drilling, build more refineries, and start help prepare students to study at the died in favor of status-quo non-renewable re- building more nuclear plants. We need to cut University of Michigan, then just a few source use and shift of food production (corn) our ties with OPEC and other corrupt oil- decades old itself. Today, Central has to energy. If the nation could build nuclear producing countries. been continuously accredited by the bombs and nuclear submarines in crash Congress, please help us! University of Michigan for more than projects in the past, the nation can do it GREG, Mountain Home. 135 consecutive years. again! It has occupied the current location Support the next President of the United I am happy to see you working on the re- States in collaborating with other nations newable energy efficiency caucus. For 28 at Tuxedo Avenue and La Salle Boule- about energy sustainability worldwide years before recent retirement, I founded and vard for more than 80 years. I was for- through the United Nations. Revitalize and owned the first solar electricity equipment tunate to study and walk the halls support treaties and alliances among groups business in Idaho, providing electric systems there for 4 of those years. willing to sacrifice and change to achieve for homes located beyond the reach of power Central alumni have gone on to win a sustainability on the planet. Without this ef- lines, of which there are many in our state. Nobel Prize and win Grammy Awards; fort there will be conflict and violence over My own home has been primarily powered by make countless contributions to the competition for dwindling non-renewable re- solar and wind since 1978. Detroit community and to Michigan; sources. Competition for Iraq oil is the tip of I would like to point out that Idaho drivers the iceberg here. actually do have some important choices own professional sports teams and play Actively promote public education, re- available which you did not mention at the professional sports; and fight on behalf search and development for the two major start of your newsletter where you said we of our Nation in war, sometimes mak- non-polluting energy sources: nuclear power have no choice but to keep driving. The ing the ultimate sacrifice. and solar power. Support renewable energy choice of exactly what vehicle we drive, as In all these pursuits and many more, research into smaller make-a-difference en- well as consolidating travel for efficiency Central alumni have been challenged ergy contributions such as wind, tidal, geo- can cut family fuel costs by 25% or more. to live up to our school’s motto, adopt- thermal, etc. Support research in related Traveling in Europe and Central America ed in 1861: Carpe Diem, ‘‘seize the day.’’ technology such as: high-MPG vehicles, in- one sees many fuel-efficient vehicles that are novative mass transit, and improved bat- not even available to Americans: the small Our experiences at Central have helped teries to store solar/wind energy, easy-to-use diesel flatbeds that carry more weight than prepare us to do that. sensors for home and business energy audit a pick-up truck and use less fuel to do it Recently, Central has faced chal- (thermal/electrical waste). Pay for energy re- (they are slower going up hills). While trav- lenges unparalleled in the school’s his- search by cutting back on spending for fear eling in Ireland and England for a month last tory. School budgets are tighter than

VerDate Aug 31 2005 05:14 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.044 S02OCPT1 rfrederick on PROD1PC67 with SENATE S10472 CONGRESSIONAL RECORD — SENATE October 2, 2008 ever, standardized tests offer frus- ents to each other. I am proud to call NORTH CAROLINA AZALEA trating assessments of progress, and Avern my cousin. FESTIVAL dropout rates and graduation rates Avern is recognized far and wide as a ∑ Mr. BURR. Mr. President, I recognize alike moved in the wrong directions. rarity. All who have known him, who the 62nd North Carolina Azalea Fes- But, thanks to the hard work and com- have had the good fortune to work with tival, NCAF, which will be held from mitment of over 1,000 current students him, or who have come before him are April 1–5, 2009, in the Greater Wil- and teachers, in the past few years appreciative of his unique commitment mington area. Central has begun an impressive turn- to doing what is right. Many who have The Azalea Festival is a showcase for around that is heartening to us alumni. never heard his name have benefited Wilmington’s rich array of artwork, I offer my congratulations on this and will continue to benefit from his gardens, history and a testimony to 150th anniversary and every hope that lifetime of good deeds. Barb joins me in the rich heritage of coastal Carolina. Detroit Central High School will con- offering our thanks and congratula- tinue to provide excellent education This year’s celebration marks the 50th tions to Avern. Mazel Tov! anniversary of the Azalea’s Festival’s and imbue students with the skills and f outlook to seize the day and find suc- name being changed from the Wil- cess in school and in the years that fol- ADDITIONAL STATEMENTS mington Azalea Festival to the North low. Carolina Azalea Festival. The NCAF is Wilmington’s annual f SACRAMENTO RIVER CATS community celebration and the largest TRIBUTE TO JUDGE AVERN COHN TRIPLE-A CHAMPIONSHIP festival of its kind in the State. This Mr. LEVIN. Mr. President, I rise ∑ Mrs. BOXER. Mr. President, I am festival encourages volunteerism and today to recognize a great citizen of pleased to recognize the 2008 Minor civic participation as it contributes to Michigan, the Honorable Avern Cohn. League Triple-A baseball champions, the region’s economy and promotes the Avern has distinguished himself as a the Sacramento River Cats. unique qualities of Wilmington’s river- leader among leaders in Michigan’s On September 16, 2008, the Sac- to-the-sea community. legal community and the Michigan ramento River Cats, of the Pacific The festival’s concerts, fairs and spe- community at large. Later this month Coast League, PCL, defeated the Scran- cial events are viewed by more than 1 Avern’s synagogue, Congregation ton/Wilkes-Barre Yankees, of the Inter- million people each year, in person and Shaarey Zedek, will offer a tribute to national League, 4 to 1 in the through media coverage. More than him and I am honored to join in recog- Bricktown Showdown to become back- 200,000 people are estimated to attend nizing his many accomplishments and to-back Triple-A champions. Sac- the annual 2-day street fair, while contributions to our community life ramento is the Triple-A affiliate of the more than 100,000 gather to watch the that he has so strengthened and sup- Oakland Athletics. festival parade. ported. The Sacramento River Cats finished It takes an extensive volunteer net- Professionally, for nearly three dec- the regular season atop the Pacific work to run the NCAF. More than 1,000 ades Judge Cohn has served on the U.S. Coast League Southern Division with a volunteers are needed to stage over 125 District Court for the Eastern District record of 83 wins and 61 losses. The events ranging from concerts to art of Michigan. He currently serves as the River Cats were assisted this season by shows, a street fair with interactive Senior Judge, a position he has held for their always faithful fan base, which displays, home and garden tours, a pa- the past nine years. His quick wit and has led Triple-A in attendance for nine rade, special exhibits, a circus, and a sharp mind have left a lasting impres- consecutive seasons. variety of other entertainment and sion on the countless attorneys who In the opening playoff series between events. have argued before him. Throughout the River Cats and the Salk Lake City The NCAF generates an additional his career, Avern’s guiding beacon has Bees, the River Cats excelled by scor- approximate $5 million to the area’s been justice, and his legacy is one of ing 39 runs en route to a 3-games-to-1 economy and the Southeast Tourism true independence and impartiality. series victory. The series victory dem- Society selected the NCAF as one of its Avern’s commitment to justice in onstrated the River Cats’ depth of tal- top 20 events for the second year in a Michigan has extended well beyond his ent as four starting pitchers, four relief row. courtroom. He is a past director of the pitchers, two infielders, and one out- I am pleased to recognize the unique Detroit Bar Association, a former fielder were called up to the Oakland cultural and historical contributions of trustee of the Detroit Bar Foundation, Athletics before the series began. the 62nd annual North Carolina Azalea and served as director of the American Festival.∑ Judicature Society. Before he was ap- In the Pacific Coast League Cham- pointed to the court, he led a success- pionship Series, the River Cats de- f ful private practice that continues to feated the Texas Rangers Triple-A af- filiate Oklahoma City Red Hawks, win- RECOGNIZING GULFSTREAM flourish today. He also served the peo- AEROSPACE CORPORATION ple of Michigan in an array of positions ning the series three games to one to ∑ including as chairperson of the Michi- repeat as PCL champions. During this Mr. CHAMBLISS. Mr. President, I gan Civil Rights Commission, chair- series, the River Cats proved their abil- wish to acknowledge an important oc- person of the Detroit Board of Police ity to perform on the road by achieving casion in the history of Savannah, GA, Commissioners, and as a member of the two of their three victories in Okla- and the business-aviation industry— Michigan Social Welfare Commission. homa. The win also earned the River the 50th anniversary of Gulfstream As a member of the board of trustees Cats their fourth Pacific Coast League flight. of Shaarey Zedek, a former president of Championship in the last 6 years. Gulfstream Aerospace Corporation the Jewish Welfare Federation of Met- In the Triple-A championship game, got its start in 1958 when Grumman ropolitan Detroit, and a past vice presi- River Cats manager Todd Steverson Aircraft Engineering Company, a com- dent of the American Jewish Com- showcased his talented pitching staff. pany known for military aircraft pro- mittee, Avern has used his intellect The River Cats used six pitchers who duction, developed the first aircraft and drive to the great benefit of our combined for nine strikeouts while specifically designed for business trav- Jewish community. He has also helped only giving up a single run. The vic- el. bring the focus and resources of these tory gave the Pacific Coast League all On August 14, 1958, Grumman test pi- organizations to the fight for the poor- three of the Triple-A championships lots Carl Alber and Fred Rowley took est and most vulnerable among us. He since the Triple-A championship game that aircraft—the twin-engine turbo- is a mensch in the truest sense: his was reinstated 3 years ago. prop Gulfstream I—on its maiden flight wholehearted dedication to a host of As the River Cats’ fans, players, and over the company’s headquarters in noble causes has marked his character staff gather to celebrate this remark- Bethpage, NY. After 800 hours of addi- and his life. able accomplishment, I would like to tional testing, the G–1 received Federal I should mention as well that it was congratulate them on an outstanding Aviation Administration certification Avern’s father who introduced my par- season.∑ on May 21, 1959.

VerDate Aug 31 2005 06:33 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.068 S02OCPT1 rfrederick on PROD1PC67 with SENATE October 2, 2008 CONGRESSIONAL RECORD — SENATE S10473 The G–1 laid the foundation for the I would like to take just a few min- That is why I am deeply grateful to future of Gulfstream Aerospace. Five utes today to salute the dedicated the professionals and parents in the decades after that first flight and more teachers, administrators, and school Bettendorf Community School Dis- than four decades after moving to Sa- board members in the Bettendorf Com- trict. There is no question that a qual- vannah, Gulfstream has manufactured munity School District, and to report ity public education for every child is a more than 1,800 aircraft. The com- on their participation in a unique Fed- top priority in that community. I sa- pany’s jets have been used to train eral partnership to repair and mod- lute them and wish them a very suc- NASA crew members, transport top ernize school facilities. cessful new school year.∑ Government officials, and support our This fall marks the 10th year of the f Armed Forces, making Gulfstream a Iowa Demonstration Construction CRESTON COMMUNITY EDUCATION vital part of America’s aerospace in- Grant Program. That is its formal dustry. name, but it is better known among ∑ Mr. HARKIN. Mr. President, in Iowa Gulfstream also plays a key role in educators in Iowa as the program of and across the United States, a new the city of Savannah, where its work- Harkin grants for Iowa public schools. school year has begun. As you know, force has grown from just 100 employ- Since 1998, I have been fortunate to se- Iowa public schools have an excellent ees in 1967 to more than 6,000 today, cure a total of $121 million for the reputation nationwide, and Iowa stu- making it the largest manufacturing State government in Iowa, which se- dents’ test scores are among the high- employer in the city. That workforce is lects worthy school districts to receive est in the Nation. expected to grow even more in years to these grants for a range of renovation I would like to take just a few min- come thanks to a 7-year, $400 million- and repair efforts—everything from up- utes today to salute the dedicated plus Long-Range Facilities Master dating fire safety systems to building teachers, administrators, and school Plan that includes at least 1,100 new new schools or renovating existing fa- board members in the Creston Commu- jobs. cilities. In many cases, this Federal nity School District, and to report on I am delighted to recognize the gold- funding is used to leverage public and/ their participation in a unique Federal en anniversary of Gulfstream flight or private local funding, so it often has partnership to repair and modernize and to congratulate its employees on a tremendous multiplier effect in a school facilities. their many contributions to the com- local school district. This fall marks the 10th year of the munity, the country, and the world- The Bettendorf Community School Iowa Demonstration Construction wide aviation industry. With the help District received a 2001 Harkin con- Grant Program. That is its formal of its employees, Gulfstream has be- struction grant for $75,000 which it used name, but it is better known among come a corporate citizen of the highest for a fitness education center and a educators in Iowa as the program of standard. I commend Gulfstream Aero- 2002 Harkin fire life safety grant for Harkin grants for Iowa public schools. space on all their achievements and $150,000 which was used for an addition Since 1998, I have been fortunate to se- look forward to their continued success to the high school. The Federal grants cure a total of $121 million for the in the city of Savannah and the great have made it possible for the district to State government in Iowa, which se- State of Georgia.∑ provide quality and safe schools for lects worthy school districts to receive these grants for a range of renovation f their students. Excellent schools do not just pop up and repair efforts—everything from up- EMPLOYEE BENEFIT RESEARCH like mushrooms after a rain. They are dating fire safety systems to building INSTITUTE the product of vision, leadership, per- new schools or renovating existing fa- ∑ Mr. GRASSLEY. Mr. President, I sistence, and a tremendous amount of cilities. In many cases, this Federal would like to take a few moments collaboration among local officials and funding is used to leverage public and/ today to pay tribute to the Employee concerned citizens. I salute super- or private local funding, so it often has Benefit Research Institute, or EBRI, on intendent Harrison Cass, Jr., former a tremendous multiplier effect in a the occasion of its 30th anniversary. superintendents Marty Lucas and John local school district. EBRI is a well-known, nonpartisan re- Perdue, the entire staff, administra- The Creston Community School Dis- search institution providing invaluable tion, and governance in the Bettendorf trict received a 2002 Harkin grant to- analysis, briefings, and publications on Community School District. In par- taling $1 million which it used to help health and retirement issues, which are ticular, I would like to recognize the with renovations to convert the middle critically important to both America’s leadership of the board of education— school into an early childhood edu- workers and the employers that spon- president Barry Anderson, vice presi- cation center. This project was part of sor these benefits. The high-quality dent Jeannine Crockett, Paul Castro, a comprehensive facility plan for the and objective work done by EBRI has Barb Ehrmann, Melinda Duncan Fore- district which included a new K–8 won it respect within the halls of Con- man, Betsy Justis, Scott Tinsman and school and an addition to the high gress, among members on both sides of former board members Debbie Roski, school. These schools are the modern, the aisle in the House of Representa- Richard Wahlstrand, Dean Arney, Tom state-of-the-art facilities that befit the tives and in the Senate. On EBRI’s an- Luton, Kathy Weigle, and Steve Mayer. educational ambitions and excellence niversary, I wish to register my appre- As we mark the 10th anniversary of of this school district. Indeed, they are ciation for its work and my admiration the Harkin school grant program in the kind of schools that every child in for its commitment to issues relating Iowa, I am obliged to point out that America deserves. The district also re- to employee benefits. I commend EBRI many thousands of school buildings ceived a 1998 fire safety grant totaling for the valuable contribution the insti- and facilities across the United States $60,862 to install fire alarms, improve tution has made to policymaking in are in dire need of renovation or re- accessibility, and update electrical sys- the all-important areas of retirement, placement. In my State of Iowa alone, tems throughout the district. health, and economic security, and according to a recent study, some 79 Excellent schools do not just pop up wish EBRI continued success in the fu- percent of public schools need to be up- like mushrooms after a rain. They are ture.∑ graded or repaired. The harsh reality is the product of vision, leadership, per- f that the average age of school build- sistence, and a tremendous amount of ings in the United States is nearly 50 collaboration among local officials and BETTENDORF COMMUNITY years. concerned citizens. I salute the entire EDUCATION Too often, our children visit ultra- staff, administration, and governance ∑ Mr. HARKIN. Mr. President, in Iowa modern shopping malls and gleaming in the Creston Community School Dis- and across the United States, a new sports arenas on weekends but during trict. In particular, I would like to rec- school year has begun. As you know, the week go to school in rundown or ognize the leadership of the board of Iowa public schools have an excellent antiquated facilities. This sends ex- education—president Bob Deranleau, reputation nationwide, and Iowa stu- actly the wrong message to our young vice president Stacy Wood, Randy dents’ test scores are among the high- people about our priorities. We have to Hughes, Chad Briley, and Brian Strid- est in the Nation. do better. er, and former board members Dr. Bob

VerDate Aug 31 2005 05:14 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.054 S02OCPT1 rfrederick on PROD1PC67 with SENATE S10474 CONGRESSIONAL RECORD — SENATE October 2, 2008 Kuhl, Bobbie McFee, Barb Wilmeth, used for improvements to the fire safe- This fall marks the 10th year of the Callie Bruce, and Rich Flynn. I would ty systems in the elementary, middle Iowa Demonstration Construction also like to recognize superintendent and high school buildings including fire Grant Program. That is its formal Tim Hood, business manager Don exits, smoke and heat detectors, strobe name, but it is better known among Krings, maintenance director Gary lights, emergency lighting and other educators in Iowa as the program of Briley, and the many individuals in- repairs. The Federal grants have made Harkin grants for Iowa public schools. volved in the effort to pass the bond it possible for the district to provide Since 1998, I have been fortunate to se- referendum. quality and safe schools for their stu- cure a total of $121 million for the As we mark the 10th anniversary of dents. State government in Iowa, which se- the Harkin school grant program in Excellent schools do not just pop up lects worthy school districts to receive Iowa, I am obliged to point out that like mushrooms after a rain. They are these grants for a range of renovation many thousands of school buildings the product of vision, leadership, per- and repair efforts—everything from up- and facilities across the United States sistence, and a tremendous amount of dating fire safety systems to building are in dire need of renovation or re- collaboration among local officials and new schools or renovating existing fa- placement. In my State of Iowa alone, concerned citizens. I salute super- cilities. In many cases, this Federal according to a recent study, some 79 intendent Darwin Lehmann, former su- funding is used to leverage public and/ percent of public schools need to be up- perintendent Dwight Pierson, the en- or private local funding, so it often has graded or repaired. The harsh reality is tire staff, administration, and govern- a tremendous multiplier effect in a that the average age of school build- ance in the Forest City Community local school district. ings in the United States is nearly 50 School District. In particular, I would The Fort Madison Community School years. like to recognize the leadership of the District received several Harkin grants Too often, our children visit ultra- board of education—president Susan totaling $1,994,880. The district received modern shopping malls and gleaming Shaw, vice president Cynthia Carter, three construction grants totaling sports arenas on weekends but during Dave Bartlett, Keila Buffington, Julie $1,444,880 to help with several projects the week go to school in rundown or Farland, Sandra Lillquist, and Arlyn including an addition and renovations antiquated facilities. This sends ex- Midtgaard, and former members Rick to Fort Madison High School to im- actly the wrong message to our young Juhl, Laura Oanes, Gary Ludwig, and prove English, history and science people about our priorities. We have to Deb Lund. District staff who were in- classrooms, an addition to Richardson do better. strumental in the application and im- Elementary School and improvements That is why I am deeply grateful to plementation process include Paul at Lincoln Elementary School. These the professionals and parents in the Jefson and his maintenance staff. schools are the modern, state-of-the- Creston Community School District. As we mark the 10th anniversary of art facilities that befit the educational There is no question that a quality the Harkin school grant program in ambitions and excellence of this school public education for every child is a Iowa, I am obliged to point out that district. Indeed, they are the kind of top priority in that community. I sa- many thousands of school buildings schools that every child in America de- lute them and wish them a very suc- and facilities across the United States serves. The district also received five are in dire need of renovation or re- cessful new school year.∑ fire safety grants totaling $550,000 to placement. In my State of Iowa alone, f make improvements in several schools. according to a recent study, some 79 Excellent schools do not just pop up FOREST CITY COMMUNITY percent of public schools need to be up- like mushrooms after a rain. They are EDUCATION graded or repaired. The harsh reality is the product of vision, leadership, per- ∑ Mr. HARKIN. Mr. President, in Iowa that the average age of school build- sistence, and a tremendous amount of and across the United States, a new ings in the United States is nearly 50 collaboration among local officials and school year has begun. As you know, years. concerned citizens. I salute the entire Iowa public schools have an excellent Too often, our children visit ultra- staff, administration, and governance modern shopping malls and gleaming reputation nationwide, and Iowa stu- in the Fort Madison Community sports arenas on weekends but during dents’ test scores are among the high- School District. In particular, I would the week go to school in rundown or est in the Nation. like to recognize the leadership of the I would like to take just a few min- antiquated facilities. This sends ex- board of education—Peggy Booten, actly the wrong message to our young utes today to salute the dedicated George Wheeler, Judy Gerdes, Duane people about our priorities. We have to teachers, administrators, and school Sherwood, Don Ward, Denise Gray and do better. board members in the Forest City Com- That is why I am deeply grateful to Rob Hogan and former board members munity School District, and to report the professionals and parents in the Dan Davis, Carolyn Smith, John on their participation in a unique Fed- Forest City Community School Dis- Noller, Martha Wolf, Gary Steflik, eral partnership to repair and mod- trict. There is no question that a qual- Betty Decker, Kitty Garner, Chris ernize school facilities. ity public education for every child is a Logan, Gary McVey, Linda Fischer, This fall marks the 10th year of the top priority in that community. I sa- Lori Meierotto and Steve Martin. I Iowa Demonstration Construction lute them and wish them a very suc- would also like to recognize super- Grant Program. That is its formal cessful new school year.∑ intendent Dr. Kenneth Marang, former name, but it is better known among superintendent Linda Brock, former educators in Iowa as the program of f high school principal Bernie Stephen- Harkin grants for Iowa public schools. FORT MADISON COMMUNITY son, Richardson principal Vicky Ste- Since 1998, I have been fortunate to se- EDUCATION phenson, former Lincoln principal Bob cure a total of $121 million for the ∑ Mr. HARKIN. Mr. President, in Iowa Carr and director of facilities and State government in Iowa, which se- and across the United States, a new maintenance Kevin Moon. lects worthy school districts to receive school year has begun. As you know, As we mark the 10th anniversary of these grants for a range of renovation Iowa public schools have an excellent the Harkin school grant program in and repair efforts—everything from up- reputation nationwide, and Iowa stu- Iowa, I am obliged to point out that dating fire safety systems to building dents’ test scores are among the high- many thousands of school buildings new schools or renovating existing fa- est in the Nation. and facilities across the United States cilities. In many cases, this Federal I would like to take just a few min- are in dire need of renovation or re- funding is used to leverage public and/ utes today to salute the dedicated placement. In my State of Iowa alone, or private local funding, so it often has teachers, administrators, and school according to a recent study, some 79 a tremendous multiplier effect in a board members in the Fort Madison percent of public schools need to be up- local school district. Community School District, and to re- graded or repaired. The harsh reality is The Forest City Community School port on their participation in a unique that the average age of school build- District received several Harkin fire Federal partnership to repair and mod- ings in the United States is nearly 50 safety grants totaling $200,000 which it ernize school facilities. years.

VerDate Aug 31 2005 05:14 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.006 S02OCPT1 rfrederick on PROD1PC67 with SENATE October 2, 2008 CONGRESSIONAL RECORD — SENATE S10475 Too often, our children visit ultra- the product of vision, leadership, per- dating fire safety systems to building modern shopping malls and gleaming sistence, and a tremendous amount of new schools or renovating existing fa- sports arenas on weekends but during collaboration among local officials and cilities. In many cases, this Federal the week go to school in rundown or concerned citizens. I salute the entire funding is used to leverage public and/ antiquated facilities. This sends ex- staff, administration, and governance or private local funding, so it often has actly the wrong message to our young in the Harmony Community School a tremendous multiplier effect in a people about our priorities. We have to District. In particular, I would like to local school district. do better. recognize the leadership of the board of The Interstate 35 Community School That is why I am deeply grateful to education—Dennis Grossman, Tracey District received a 1998 Harkin grant the professionals and parents in the Hudson, Tina Denly, Cody Warth and totaling $250,000 which it used to help Fort Madison Community School Dis- Bill Rice and former board members build a classroom addition to the trict. There is no question that a qual- Burton Mills, Barb Wellman, Dave school in Truro. This school is a mod- ity public education for every child is a Drummond, Myron Helmers, Steve ern, state-of-the-art facility that befits top priority in that community. I sa- Adam, Matt Mitchell and David the educational ambitions and excel- lute them and wish them a very suc- Hellwieg. I would also like to recognize lence of this school district. Indeed, it cessful new school year.∑ superintendent Joe Hundeby, former is the kind of school facility that every superintendents Alan Marshall and f child in America deserves. The district Kelly Rogers. HARMONY COMMUNITY As we mark the 10th anniversary of also received a 2003 fire safety grant for EDUCATION the Harkin school grant program in $11,467 to install smoke and heat detec- ∑ Mr. HARKIN. Mr. President, in Iowa Iowa, I am obliged to point out that tors and make other repairs in the and across the United States, a new many thousands of school buildings school. school year has begun. As you know, and facilities across the United States Excellent schools do not just pop up Iowa public schools have an excellent are in dire need of renovation or re- like mushrooms after a rain. They are reputation nationwide, and Iowa stu- placement. In my State of Iowa alone, the product of vision, leadership, per- dents’ test scores are among the high- according to a recent study, some 79 sistence, and a tremendous amount of est in the Nation. percent of public schools need to be up- collaboration among local officials and I would like to take just a few min- graded or repaired. The harsh reality is concerned citizens. I salute the entire utes today to salute the dedicated that the average age of school build- staff, administration, and governance teachers, administrators, and school ings in the United States is nearly 50 in the Interstate 35 Community School board members in the Harmony Com- years. District. In particular, I would like to munity School District, and to report Too often, our children visit ultra- recognize the leadership of the board of on their participation in a unique Fed- modern shopping malls and gleaming education—President Leah Gray, vice eral partnership to repair and mod- sports arenas on weekends but during president Julie Brownlee, Bret Smith, ernize school facilities. the week go to school in rundown or Bruce McCuddin and Ken Stanley and This fall marks the 10th year of the antiquated facilities. This sends ex- former board members Bill Seibert, Iowa Demonstration Construction actly the wrong message to our young Alan Brommel, Van Brownlee, Tim Grant Program. That is its formal people about our priorities. We have to Porter and Charlie Walters. I would name, but it is better known among do better. also like to recognize superintendent educators in Iowa as the program of That is why I am deeply grateful to Bill Maske, former superintendent Harkin grants for Iowa public schools. the professionals and parents in the Henry Eggert, business manager Lisa Since 1998, I have been fortunate to se- Harmony Community School District. Brown, middle school principal Sharon cure a total of $121 million for the There is no question that a quality McKimpson, former high school prin- State government in Iowa, which se- public education for every child is a cipal Tom Dannen, former elementary lects worthy school districts to receive top priority in that community. I sa- school principal Terrie Price and these grants for a range of renovation lute them and wish them a very suc- former building and grounds director and repair efforts—everything from up- ∑ cessful new school year. Dick Downing. dating fire safety systems to building f new schools or renovating existing fa- As we mark the 10th anniversary of cilities. In many cases, this Federal INTERSTATE 35 COMMUNITY the Harkin school grant program in funding is used to leverage public and/ EDUCATION Iowa, I am obliged to point out that or private local funding, so it often has ∑ Mr. HARKIN. Mr. President, in Iowa many thousands of school buildings a tremendous multiplier effect in a and across the United States, a new and facilities across the United States local school district. school year has begun. As you know, are in dire need of renovation or re- The Harmony Community School Iowa public schools have an excellent placement. In my State of Iowa alone, District received several Harkin grants reputation nationwide, and Iowa stu- according to a recent study, some 79 totaling $1,198,374. A 2000 construction dents’ test scores are among the high- percent of public schools need to be up- grant for $315,799 was used to help build est in the Nation. graded or repaired. The harsh reality is an addition to the elementary school in I would like to take just a few min- that the average age of school build- Bonaparte and to renovate the historic utes today to salute the dedicated ings in the United States is nearly 50 school. A 2002 grant for $757,575 helped teachers, administrators, and school years. build an addition to the high school board members in the Interstate 35 Too often, our children visit ultra- which included a computer lab. This Community School District, and to re- modern shopping malls and gleaming grant also enabled the district to make port on their participation in a unique sports arenas on weekends but during renovations to the middle school and Federal partnership to repair and mod- the week go to school in rundown or high school facilities and to install a ernize school facilities. antiquated facilities. This sends ex- new HVAC system at the high school. This fall marks the 10th year of the actly the wrong message to our young These schools are the modern, state-of- Iowa Demonstration Construction people about our priorities. We have to the-art facilities that befit the edu- Grant Program. That is its formal do better. cational ambitions and excellence of name, but it is better known among this school district. Indeed, they are educators in Iowa as the program of That is why I am deeply grateful to the kind of schools that every child in Harkin grants for Iowa public schools. the professionals and parents in the America deserves. The district also re- Since 1998, I have been fortunate to se- Interstate 35 Community School Dis- ceived four fire safety grants totaling cure a total of $121 million for the trict. There is no question that a qual- $125,000 to make improvements State government in Iowa, which se- ity public education for every child is a throughout the district. lects worthy school districts to receive top priority in that community. I sa- Excellent schools do not just pop up these grants for a range of renovation lute them and wish them a very suc- like mushrooms after a rain. They are and repair efforts—everything from up- cessful new school year.∑

VerDate Aug 31 2005 05:14 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.072 S02OCPT1 rfrederick on PROD1PC67 with SENATE S10476 CONGRESSIONAL RECORD — SENATE October 2, 2008 LAURENS-MARATHON COMMUNITY that the average age of school build- Excellent schools do not just pop up EDUCATION ings in the United States is nearly 50 like mushrooms after a rain. They are ∑ Mr. HARKIN. Mr. President, in Iowa years. the product of vision, leadership, per- and across the United States, a new Too often, our children visit ultra- sistence, and a tremendous amount of school year has begun. As you know, modern shopping malls and gleaming collaboration among local officials and Iowa public schools have an excellent sports arenas on weekends but during concerned citizens. I salute the entire reputation nationwide, and Iowa stu- the week go to school in rundown or staff, administration, and governance dents’ test scores are among the high- antiquated facilities. This sends ex- in the Louisa-Muscatine Community est in the Nation. actly the wrong message to our young School District. In particular, I would I would like to take just a few min- people about our priorities. We have to like to recognize the leadership of past utes today to salute the dedicated do better. and present members of the board of teachers, administrators, and school That is why I am deeply grateful to education, Mark H. Carroll, Charles K. board members in the Laurens-Mara- the professionals and parents in the Clark, Dwayne Paul, Sue Hills, Randy thon Community School District and Laurens-Marathon Community School Schultz, J. Riley Padgett, David Bieri, to report on their participation in a District. There is no question that a Angie Kemp, and Eric Schultz . I would unique Federal partnership to repair quality public education for every also like to recognize superintendent and modernize school facilities. child is a top priority in that commu- Scott Grimes, former superintendent This fall marks the 10th year of the nity. I salute them and wish them a Mike Kortemeyer, and principal Roger Iowa Demonstration Construction very successful new school year.∑ Roskens. Grant Program. That is its formal f As we mark the 10th anniversary of name, but it is better known among the Harkin school grant program in LOUISA-MUSCATINE COMMUNITY educators in Iowa as the Harkin grants Iowa, I am obliged to point out that EDUCATION for Iowa public schools. Since 1998, I many thousands of school buildings have been fortunate to secure a total of ∑ Mr. HARKIN. Mr. President, in Iowa and facilities across the United States $121 million for the State government and across the United States, a new are in dire need of renovation or re- in Iowa, which selects worthy school school year has begun. As you know, placement. In my State of Iowa alone, districts to receive these grants for a Iowa public schools have an excellent according to a recent study, some 79 range of renovation and repair efforts— reputation nationwide, and Iowa stu- percent of public schools need to be up- everything from updating fire safety dents’ test scores are among the high- graded or repaired. The harsh reality is systems to building new schools or ren- est in the Nation. that the average age of school build- ovating existing facilities. In many I would like to take just a few min- ings in the United States is nearly 50 cases, this Federal funding is used to utes today to salute the dedicated years. leverage public and/or private local teachers, administrators, and school Too often, our children visit ultra- funding, so it often has a tremendous board members in the Louisa- modern shopping malls and gleaming multiplier effect in a local school dis- Muscatine Community School District sports arenas on weekends but during trict. and to report on their participation in the week go to school in rundown or The Laurens-Marathon Community a unique Federal partnership to repair antiquated facilities. This sends ex- School District received several Harkin and modernize school facilities. actly the wrong message to our young fire safety grants totaling $100,000 This fall marks the 10th year of the people about our priorities. We have to which it used to make extensive up- Iowa Demonstration Construction do better. grades in their school facilities, includ- Grant Program. That is its formal That is why I am deeply grateful to ing new emergency lighting, doors and name, but it is better known among the professionals and parents in the hardware. Federal grants have made it educators in Iowa as the program of Louisa-Muscatine Community School possible for the district to provide Harkin grants for Iowa public schools. District. There is no question that a quality and safe schools for their stu- Since 1998, I have been fortunate to se- quality public education for every dents. cure a total of $121 million for the child is a top priority in that commu- Excellent schools do not just pop up State government in Iowa, which se- nity. I salute them and wish them a like mushrooms after a rain. They are lects worthy school districts to receive very successful new school year.∑ these grants for a range of renovation the product of vision, leadership, per- f sistence, and a tremendous amount of and repair efforts—everything from up- collaboration among local officials and dating fire safety systems to building MOUNT PLEASANT COMMUNITY concerned citizens. I salute the entire new schools or renovating existing fa- EDUCATION staff, administration, and governance cilities. In many cases, this Federal ∑ Mr. HARKIN. Mr. President, in Iowa in the Laurens-Marathon Community funding is used to leverage public and/ and across the United States, a new School District. In particular, I would or private local funding, so it often has school year has begun. As you know, like to recognize the leadership of the a tremendous multiplier effect in a Iowa public schools have an excellent board of education, president Nancy local school district. reputation nationwide, and Iowa stu- Fuchs, vice president Deb Kenobbie, The Louisa-Muscatine Community dents’ test scores are among the high- Dr. Brett Fehr, Terry Gunnarson and School District received Harkin grants est in the Nation. Bridget Bailey, and former members, totaling $586,453. The district received I would like to take just a few min- Brett Barglof, Thaine Hopkins, Tom a 2000 Harkin grant totaling $500,000 utes today to salute the dedicated Schmidt, Karen Lind, Kelly Snyder, which it used to help build an addition teachers, administrators, and school and Ken DeYoung. I would also like to to the junior/senior high school which board members in the Mount Pleasant recognize superintendent Iner Joelson, included upgrading the heating and air- Community School District and to re- former superintendents Dan conditioning system to an energy effi- port on their participation in a unique Braunschweig and Michael Wright, cient geothermal system. In 2001 and Federal partnership to repair and mod- business manager Sue Wenell, and head 2002, fire safety grants were awarded to ernize school facilities. custodian Jim Hodgell. the district to make improvements to This fall marks the 10th year of the As we mark the 10th anniversary of the electrical wiring, install heat and Iowa Demonstration Construction the Harkin school grant program in smoke detection units, and update Grant Program. That is its formal Iowa, I am obliged to point out that emergency lighting to assure the secu- name, but it is better known among many thousands of school buildings rity of students, teachers, and staff. educators in Iowa as the Harkin grants and facilities across the United States This school is the modern, state-of-the- for Iowa public schools. Since 1998, I are in dire need of renovation or re- art facility that befits the educational have been fortunate to secure a total of placement. In my State of Iowa alone, ambitions and excellence of this school $121 million for the State government according to a recent study, some 79 district. Indeed, it is the kind of school in Iowa, which selects worthy school percent of public schools need to be up- facility that every child in America de- districts to receive these grants for a graded or repaired. The harsh reality is serves. range of renovation and repair efforts—

VerDate Aug 31 2005 05:14 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.009 S02OCPT1 rfrederick on PROD1PC67 with SENATE October 2, 2008 CONGRESSIONAL RECORD — SENATE S10477 everything from updating fire safety I would like to take just a few min- Too often, our children visit ultra- systems to building new schools or ren- utes today to salute the dedicated modern shopping malls and gleaming ovating existing facilities. In many teachers, administrators, and school sports arenas on weekends but during cases, this Federal funding is used to board members in the Muscatine Com- the week go to school in rundown or leverage public and/or private local munity School District and to report antiquated facilities. This sends ex- funding, so it often has a tremendous on their participation in a unique Fed- actly the wrong message to our young multiplier effect in a local school dis- eral partnership to repair and mod- people about our priorities. We have to trict. ernize school facilities. do better. The Mount Pleasant Community This fall marks the 10th year of the That is why I am deeply grateful to School District received a Harkin fire Iowa Demonstration Construction the professionals and parents in the safety grant totaling $150,000 which it Grant Program. That is its formal Muscatine Community School District. used to install fire and smoke detectors name, but it is better known among There is no question that a quality in the middle school, Salem Elemen- educators in Iowa as the program of public education for every child is a tary and WisdomQuest facilities. The Harkin grants for Iowa public schools. top priority in that community. I sa- Federal grant has made it possible for Since 1998, I have been fortunate to se- lute them and wish them a very suc- the district to provide quality and safe cure a total of $121 million for the cessful new school year.∑ schools for their students. State government in Iowa, which se- Excellent schools do not just pop up lects worthy school districts to receive f like mushrooms after a rain. They are these grants for a range of renovation NORWALK COMMUNITY EDUCATION the product of vision, leadership, per- and repair efforts—everything from up- ∑ sistence, and a tremendous amount of dating fire safety systems to building Mr. HARKIN. Mr. President, in Iowa collaboration among local officials and new schools or renovating existing fa- and across the United States, a new concerned citizens. I salute the entire cilities. In many cases, this Federal school year has begun. As you know, staff, administration, and governance funding is used to leverage public and/ Iowa public schools have an excellent in the Mount Pleasant Community or private local funding, so it often has reputation nationwide, and Iowa stu- School District. In particular, I would a tremendous multiplier effect in a dents’ test scores are among the high- like to recognize the leadership of the local school district. est in the Nation. board of education, president Regina The Muscatine Community School I would like to take just a few min- Erickson, vice president Lois Roth, District received Harkin grants total- utes today to salute the dedicated Brad Holtkamp, Chris Prellwitz, John ing $2,600,250 which it used to help teachers, administrators, and school Scheetz, Ken Feldmann, and Melodee modernize and make safety improve- board members in the Norwalk Com- Yaley, and former members, David ments to schools throughout the dis- munity School District, and to report McCoid, Arlo Sandersfeld, Sharleen trict. The district received three con- on their participation in a unique Fed- Bertling, Steve Wettach, and Lois struction grants totaling $2,010,250 to eral partnership to repair and mod- Crane. I would also like to recognize help build additions at Mulberry Ele- ernize school facilities. superintendent John Roederer and di- mentary School, McKinley Elementary This fall marks the 10th year of the rector of buildings and grounds Mark School, and Muscatine High School and Iowa Demonstration Construction Porth. to renovate the middle school. The dis- Grant Program. That is its formal As we mark the 10th anniversary of trict received three fire safety grants name, but it is better known among the Harkin school grant program in totaling $590,000 to make safety im- educators in Iowa as the program of Iowa, I am obliged to point out that provements in several schools in the Harkin grants for Iowa public schools. many thousands of school buildings district. These schools are the modern, Since 1998, I have been fortunate to se- and facilities across the United States state-of-the-art facilities that befit the cure a total of $121 million for the are in dire need of renovation or re- educational ambitions and excellence State government in Iowa, which se- placement. In my State of Iowa alone, of this school district. Indeed, they are lects worthy school districts to receive according to a recent study, some 79 the kind of schools that every child in these grants for a range of renovation percent of public schools need to be up- America deserves. and repair efforts—everything from up- graded or repaired. The harsh reality is Excellent schools do not just pop up dating fire safety systems to building that the average age of school build- like mushrooms after a rain. They are new schools or renovating existing fa- ings in the United States is nearly 50 the product of vision, leadership, per- cilities. In many cases, this Federal years. sistence, and a tremendous amount of funding is used to leverage public and/ Too often, our children visit ultra- collaboration among local officials and or private local funding, so it often has modern shopping malls and gleaming concerned citizens. I salute the entire a tremendous multiplier effect in a sports arenas on weekends, but during staff, administration, and governance local school district. the week go to school in rundown or in the Muscatine Community School The Norwalk Community School Dis- antiquated facilities. This sends ex- District. In particular, I would like to trict received several Harkin grants to- actly the wrong message to our young recognize the leadership of past and taling $2,420,788 which it used to help people about our priorities. We have to present members of the board of edu- modernize and make safety improve- do better. cation, Tom Welk, Kris Weis, Bob ments throughout the district. The dis- That is why I am deeply grateful to Torgerson, Nancy Byrnes, Paul Reeb, trict received three construction grant the professionals and parents in the Ann Hart, Robert Leech, Paul Brooks, totaling $2 million. The first grant Mount Pleasant Community School Clyde Evans, Robin Krueger, Jerry helped build additions to Oviatt Ele- District. There is no question that a Lange, Joyce Haller, and Tammi mentary to provide a new media cen- quality public education for every Drawbaugh. I would also like to recog- ter, a technology lab and two kinder- child is a top priority in that commu- nize superintendent Dr. Tom Williams. garten classrooms to ensure adequate nity. I salute them and wish them a As we mark the 10th anniversary of space for all-day kindergarten. The very successful new school year.∑ the Harkin school grant program in second two grants helped build East- f Iowa, I am obliged to point out that view School to serve 8th and 9th grade many thousands of school buildings students and construct corridor links MUSCATINE COMMUNITY and facilities across the United States to the middle school with the high EDUCATION are in dire need of renovation or re- school. The connecting corridors pro- ∑ Mr. HARKIN. Mr. President, in Iowa placement. In my State of Iowa alone, vide a pathway for the sharing of edu- and across the United States, a new according to a recent study, some 79 cational services between the three school year has begun. As you know, percent of public schools need to be up- school buildings. In all of these build- Iowa public schools have an excellent graded or repaired. The harsh reality is ing initiatives, the grants were key reputation nationwide, and Iowa stu- that the average age of school build- catalysts to transition the projects dents’ test scores are among the high- ings in the United States is nearly 50 from a vision to reality. The school est in the Nation. years. board and administration could easily

VerDate Aug 31 2005 06:33 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.011 S02OCPT1 rfrederick on PROD1PC67 with SENATE S10478 CONGRESSIONAL RECORD — SENATE October 2, 2008 demonstrate a need. Once the construc- PRESCOTT COMMUNITY ings in the United States is nearly 50 tion grants had been awarded, the com- EDUCATION years. munity responded by providing the ∑ Mr. HARKIN. Mr. President, in Iowa Too often, our children visit ultra- local matching funds necessary to com- and across the United States, a new modern shopping malls and gleaming plete the projects. These schools are school year has begun. As you know, sports arenas on weekends but during the modern, state-of-the-art facilities Iowa public schools have an excellent the week go to school in rundown or that befit the educational ambitions reputation nationwide, and Iowa stu- antiquated facilities. This sends ex- and excellence of this school district. dents’ test scores are among the high- actly the wrong message to our young Indeed, they are the kind of schools est in the Nation. people about our priorities. We have to that every child in America deserves. I would like to take just a few min- do better. The district also received five fire utes today to salute the dedicated That is why I am deeply grateful to safety grants totaling $420,788 to up- teachers, administrators, and school the professionals and parents in the grade fire alarm systems, to install fire board members in the Prescott Com- Prescott Community School District. doors, emergency lighting and make munity School District, and to report There is no question that a quality other repairs at schools throughout the on their participation in a unique Fed- public education for every child is a district to meet current fire safety eral partnership to repair and mod- top priority in that community. I sa- compliance. Without the assistance of ernize school facilities. lute them and wish them a very suc- the grants, many of the safety im- This fall marks the 10th year of the cessful new school year.∑ provements would not have become a Iowa Demonstration Construction f Grant Program. That is its formal reality. The Federal grants have made RUDD-ROCKFORD-MARBLE ROCK name, but it is better known among it possible for the district to provide COMMUNITY EDUCATION quality and safe schools for their stu- educators in Iowa as the program of ∑ dents. Harkin grants for Iowa public schools. Mr. HARKIN. Mr. President, in Iowa and across the United States, a new Excellent schools do not just pop up Since 1998, I have been fortunate to se- school year has begun. As you know, like mushrooms after a rain. They are cure a total of $121 million for the Iowa public schools have an excellent the product of vision, leadership, per- State government in Iowa, which se- reputation nationwide, and Iowa stu- sistence, and a tremendous amount of lects worthy school districts to receive dents’ test scores are among the high- collaboration among local officials and these grants for a range of renovation est in the Nation. concerned citizens. I salute the entire and repair efforts—everything from up- I would like to take just a few min- staff, administration, and governance dating fire safety systems to building utes today to salute the dedicated in the Norwalk Community School Dis- new schools or renovating existing fa- teachers, administrators, and school trict. In particular, I would like to rec- cilities. In many cases, this Federal board members in the Rudd-Rockford- ognize the leadership of the board of funding is used to leverage public and/ Marble Rock Community School Dis- education president Katherine or private local funding, so it often has trict and to report on their participa- Schmidt, Tom Phillips, George a tremendous multiplier effect in a tion in a unique Federal partnership to Meinecke, Deborah Hobbs and Rick local school district. The Prescott Community School Dis- repair and modernize school facilities. Kaul and former board members Diane trict received several Harkin fire safe- This fall marks the 10th year of the Shivvers and Deb Ostrem. I would also ty grants totaling $127,188 which it Iowa Demonstration Construction like to recognize superintendent Dr. used for improvements to the fire safe- Grant Program. That is its formal Dennis Wulf, former superintendent ty system including fire doors and name, but it is better known among Anne Laing, business manager Kate exits, electrical work, sheet rock pan- educators in Iowa as the program of Baldwin, high school principal Dale eling, smoke and heat detectors, and Harkin grants for Iowa public schools. Barnhill, Eastview principal Mary emergency lighting. The Federal Since 1998, I have been fortunate to se- Crady, middle school principal Ken grants have made it possible for the cure a total of $121 million for the Foster, former Oviatt principal Ed district to provide quality and safe State government in Iowa, which se- Johnson and buildings and grounds schools for their students. lects worthy school districts to receive staff Tom McLaughlin and Richard Excellent schools do not just pop up these grants for a range of renovation Sleeth. like mushrooms after a rain. They are and repair efforts—everything from up- As we mark the 10th anniversary of the product of vision, leadership, per- dating fire safety systems to building the Harkin school grant program in sistence, and a tremendous amount of new schools or renovating existing fa- Iowa, I am obliged to point out that collaboration among local officials and cilities. In many cases, this Federal many thousands of school buildings concerned citizens. I salute super- funding is used to leverage public and/ and facilities across the United States intendent Steven Callison, former su- or private local funding, so it often has are in dire need of renovation or re- perintendents Graham Quinn, Mac a tremendous multiplier effect in a placement. In my State of Iowa alone, McKown, and Eric Wood, the entire local school district. according to a recent study, some 79 staff, administration, and governance The Rudd-Rockford-Marble Rock percent of public schools need to be up- in the Prescott Community School Dis- Community School District received a graded or repaired. The harsh reality is trict. In particular, I’d like to recog- 2002 Harkin grant totaling $60,865 that the average age of school build- nize the leadership of the board of edu- which it used to help correct problems ings in the United States is nearly 50 cation Marnie Cline, Doug Birt, Randy throughout the building due to ground years. Cooper, Brian Fitzgerald, former mem- water seepage and flooding. The dis- Too often, our children visit ultra- bers Karl McCarty, Kevin Schafer, trict also received a 2004 fire safety modern shopping malls and gleaming Kathy West, Cheryl Blazek, Matt grant totaling $17,640, to install elec- sports arenas on weekends but during Wood, and Wayne Laird and custodian tromagnetic door holders at the ele- the week go to school in rundown or Mary Adkins, who was instrumental in mentary and junior and senior high antiquated facilities. This sends ex- the implementation of the grants. schools. The Federal grants have made actly the wrong message to our young As we mark the 10th anniversary of it possible for the district to provide people about our priorities. We have to the Harkin school grant program in quality and safe schools for their stu- do better. Iowa, I am obliged to point out that dents. That is why I am deeply grateful to many thousands of school buildings Excellent schools do not just pop up the professionals and parents in the and facilities across the United States like mushrooms after a rain. They are Norwalk Community School District. are in dire need of renovation or re- the product of vision, leadership, per- There is no question that a quality placement. In my State of Iowa alone, sistence, and a tremendous amount of public education for every child is a according to a recent study, some 79 collaboration among local officials and top priority in that community. I sa- percent of public schools need to be up- concerned citizens. I salute the entire lute them and wish them a very suc- graded or repaired. The harsh reality is staff, administration, and governance cessful new school year.∑ that the average age of school build- in the Rudd-Rockford-Marble Rock

VerDate Aug 31 2005 06:33 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.023 S02OCPT1 rfrederick on PROD1PC67 with SENATE October 2, 2008 CONGRESSIONAL RECORD — SENATE S10479 Community School District. In par- cilities. In many cases, this Federal after serving with the United States ticular, I would like to recognize the funding is used to leverage public and/ Army for 2 years. He continued his leadership of the board of education, or private local funding, so it often has service in the National Guard for 18 president Harm Eggena III, vice presi- a tremendous multiplier effect in a more years, retiring in 2005. Lynn has dent Angie Johnson, Bea Volk, Tim local school district. served in various positions within the Trettin, and Wendy Fullerton, and The West Des Moines Community VA system, most recently as the Vet- former members, Rick Demaray, Scott School District received two Harkin erans Service Center Manager at the Woodruff, Gary O’Connor, Terri Engels, fire safety grants totaling $332,011 Sioux Falls VA Regional Office. Ann Sullivan, Bill Dolan, Lisa Paulus, which it used to make fire safety re- During his tenure with the VA, Lynn and Pat Rooney. I would also like to pairs at the Walnut Creek Campus and has been an invaluable resource for recognize superintendent Steve Ward, at Fairmeadows Elementary School. veterans and their families. He has pro- former superintendent Gary Schwartz, The Federal grants have made it pos- vided important counsel and advice to director of buildings and grounds Norm sible for the district to provide quality VA officials, veterans service officers Kelly, board secretary Janice Kuhlers, and safe schools for their students. and congressional members and their Neil Fullerton, and Neil Wedeking. Excellent schools do not just pop up staff on a range of issues. Throughout As we mark the 10th anniversary of like mushrooms after a rain. They are his time with the VA, he has seen the Harkin school grant program in the product of vision, leadership, per- many changes in the system and was Iowa, I am obliged to point out that sistence, and a tremendous amount of able to address the ever changing needs many thousands of school buildings collaboration among local officials and and concerns of veterans and their fam- and facilities across the United States concerned citizens. I salute the entire ilies. are in dire need of renovation or re- staff, administration, and governance I have appreciated Lynn’s willingness placement. In my State of Iowa alone, in the West Des Moines Community to take the time to answer questions according to a recent study, some 79 School District. In particular, I would and concerns from my staff members. I percent of public schools need to be up- like to recognize the leadership of the commend his dedication and commit- ment to making sure every veteran’s graded or repaired. The harsh reality is board of education—president Mark case or question was always handled in that the average age of school build- Lyons, vice president Terry Tobin, Bar- a timely manner. Lynn can take great ings in the United States is nearly 50 bara Burnett, Jill Hansen, Susan pride in his work during his Federal years. Moritz, Tom Suckow, and H. Milton Too often, our children visit ultra- Cole, and former board members Jim service career. In his retirement, he will spend more time fishing at his modern shopping malls and gleaming Aipperspach, Jane Fogg, Curt Lack, lake home in Big Stone. I wish Lynn, sports arenas on weekends but during Pete Leo, John Paule, Jeanne Taylor, his wife Debbie, and their family all the week go to school in rundown or John Ambroson, Gretchen Tegeler, and the best in retirement. It is with great antiquated facilities. This sends ex- Deb Thomas. I would also like to recog- honor that I share his impressive ac- actly the wrong message to our young nize superintendent Tom Narak, complishments with my colleagues, people about our priorities. We have to former superintendent Les Omotani, and I thank him for his service to this do better. former associate superintendent Galen Nation and its veterans.∑ That is why I am deeply grateful to Howsare. As we mark the 10th anniversary of the professionals and parents in the f the Harkin school grant program in Rudd-Rockford-Marble Rock Commu- BLUE WATER CREEK MASSACRE Iowa, I am obliged to point out that nity School District. There is no ques- many thousands of school buildings ∑ Mr. JOHNSON. Mr. President, today tion that a quality public education for and facilities across the United States I wish to speak in regards to the Blue every child is a top priority in that are in dire need of renovation or re- Water Creek Massacre of 1855. On Sep- community. I salute them and wish placement. In my State of Iowa alone, tember 3, 1855, while camped near the them a very successful new school Blue Water Creek in present day Ne- ∑ according to a recent study, some 79 year. percent of public schools need to be up- braska, a group of Lakota were at- f graded or repaired. The harsh reality is tacked by COL William S. Harney and WEST DES MOINES COMMUNITY that the average age of school build- his troops. According to Army records, EDUCATION ings in the United States is nearly 50 86 Lakota were killed and 70 captured. The Battle of Blue Water Creek is also ∑ Mr. HARKIN. Mr. President, in Iowa years. Too often, our children visit ultra- known as the Battle of Ash Hollow or and across the United States, a new modern shopping malls and gleaming the Harney Massacre according to the school year has begun. As you know, sports arenas on weekends but during Nebraska State Historical Society, Iowa public schools have an excellent the week go to school in rundown or which maintains a historical marker, reputation nationwide, and Iowa stu- antiquated facilities. This sends ex- along U.S. 26, 11⁄2 miles west of dents’ test scores are among the high- actly the wrong message to our young Lewellen, NE. est in the Nation. people about our priorities. We have to There are several historical accounts I would like to take just a few min- do better. of what transpired that day in 1855 and utes today to salute the dedicated That is why I am deeply grateful to the Little Thunder Tiospaye contacted teachers, administrators, and school the professionals and parents in the me because they seek to commemorate board members in the West Des Moines West Des Moines Community School and to preserve for future generations Community School District and to re- District. There is no question that a the history surrounding Mni To port on their participation in a unique quality public education for every Wakpala—Blue Water Creek. They are Federal partnership to repair and mod- child is a top priority in that commu- the direct lineal descendants of ernize school facilities. nity. I salute them and wish them a Wakinyan Cikala—Little Thunder—a This fall marks the 10th year of the very successful new school year.∑ man who was amongst the leaders of Iowa Demonstration Construction f that Lakota camp destroyed 153 years Grant Program. That is its formal ago. Additional leaders who survived name, but it is better known among RETIREMENT OF LYNN that morning include Iron Shell, Spot- educators in Iowa as the program of CARPENTER ted Tail, and Red Leaf, each of whom Harkin grants for Iowa public schools. ∑ Mr. JOHNSON. Mr. President, today also bore lineal descendants living Since 1998, I have been fortunate to se- I recognize and commend the service of upon Sicangu territories today. cure a total of $121 million for the Lynn Carpenter of South Dakota. Mr. According to the family, oral history State government in Iowa, which se- Carpenter is retiring from the Depart- passed down through generations tells lects worthy school districts to receive ment of Veterans Affairs after over 34 the story of the younger Little Thun- these grants for a range of renovation years of honorable service to the agen- der, a boy who survived the Massacre and repair efforts—everything from up- cy. and subsequently journeyed to join his dating fire safety systems to building Lynn began his career with the De- relatives once again. Without his sur- new schools or renovating existing fa- partment of Veterans Affairs in 1974 vival, the Little Thunder Tiospaye

VerDate Aug 31 2005 06:33 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.012 S02OCPT1 rfrederick on PROD1PC67 with SENATE S10480 CONGRESSIONAL RECORD — SENATE October 2, 2008 would not exist today. I would like to City and New York City would lose out Looking at the face of an Alaska Na- recognize their work as they seek to on a strong and dedicated labor pool of tive Elder is like looking at the con- honor their ancestors by collecting his- New Jersey workers. George garnered centric rings in the trunk of a tree. torical accounts, and locating impor- critical early support for the new tun- Every line on that face represents a tant artifacts from this time in his- nel project from both sides of the river, precious slice of Alaska history. tory. Accordingly, the Lakota lan- a feat acknowledged by many experts It would be a vast understatement to guage includes an expression that fits as vital to the project. characterize the Elders as witnesses to their mission: Hecel lena Oyate kin George Warrington also listened to Alaska history. They are the living em- nipi kte, so that our people may live.∑ passengers and employees, a critical bodiment of Alaska’s history. They f feature of any successful organization. were the first generation of Alaskans He considered their input in new rail to experience and adapt to the chal- TRIBUTE TO GEORGE car designs, such as the popular new lenge of living in two worlds. They WARRINGTON multilevel cars. These rail cars elimi- have come to embrace the traditional ∑ Mr. LAUTENBERG. Mr. President, in nate the dreaded ‘‘third seat,’’ while world of subsistence and the modern light of today’s historic vote on the adding to the overall number of seats world of the Internet in the same Amtrak reauthorization legislation, I in the car. breath. Some like the individual I wish to honor a great transportation For several years, George also served speak about today have devoted their leader and a son of New Jersey George as executive director of the Delaware lives to preserving Alaska Native lan- Warrington, who passed away at his River Port Authority, which governs guages as spoken and written lan- home in Mendham, NJ, on December the Delaware River port system, four guages for all eternity. 24, 2007. During a public service career major vehicle bridges in the region, Today I pay tribute to a most re- that spanned more than 30 years, Mr. and the PATCO rail system. He is cred- spected Tlingit Elder, the Reverend Warrington held an influential and de- ited with speeding up project delivery Doctor Walter Soboleff, who will cele- cisive role in the development and con- times and managing the conversion to brate his 100th birthday on November tinued success of public transportation collecting tolls in just one direction on 14, 2008. Walter Soboleff was born on a systems not just in our State of New the bridges. small island called Killisnoo near Ad- Jersey but throughout the entire re- George Warrington must also be rec- miralty Island in Southeast Alaska. gion. His role in the early development ognized for his significant contribu- His father was the son of a Russian Or- of NJ Transit helped make the agency tions to national transportation as thodox priest serving in Southeast what it is today one of the largest and Amtrak’s corporate president and CEO Alaska. His mother, a Tlingit Indian. most successful transit agencies in the and chief executive of its Northeast Four languages were spoken in his country. corridor. He was instrumental in the home: Russian, German, English, and George Warrington’s contributions to launching of Acela Express, the na- Tlingit. public transportation cannot be over- tion’s first high-speed rail line, as well Walter Soboleff was educated at a US stated. His work to secure funding for as carrying out the completion of the Government Indian school on his island NJ Transit in the 1970s was crucial to electrification of the entire Northeast and subsequently at the Sheldon Jack- the creation and early development of corridor rail line between Boston and son School in Sitka. Several years the agency. He later served as vice Washington, DC, another project I was after graduating from Sheldon Jackson president and general manager of NJ proud to secure Federal funding for. with a high school diploma he enrolled Transit’s rail operations and brought a The Northeast corridor now offers the at Dubuque University in Iowa, receiv- necessary focus on customer service, country’s premier high-speed rail serv- ing a bachelor’s degree in education in ontime performance, and repairing the ice and carries more passengers than 1937 and a divinity degree in 1940. rail system’s infrastructure. He worked all of the airlines combined between Ordained as a Presbyterian minister tirelessly to expand regional rail ca- key northeastern cities. George will al- he returned to Southeast Alaska to pacity by adding additional seating in ways be remembered as an important take the pulpit at the Memorial Pres- cars and parking spaces at stations advocate of a strong national rail sys- byterian Church in Juneau. The across the State. He also promoted the tem. church, which was built to minister to development of new rail lines, such as Mr. President, while George War- the Tlingit people, opened its doors to the Midtown Direct Montclair service rington passed away on December 24, all. Its congregation included Cauca- and Newark Light Rail extension, and 2007, his legacy lives on through his sians and African Americans, and Fili- he spearheaded the addition of key rail family and through his lasting con- pinos as well as Haidas and stations such as Hoboken Terminal and tributions to the rail industry both in Tsimshians. Secaucus Junction. These initiatives New Jersey and throughout the Nation. We take diverse congregations like were central in creating and maintain- On behalf of the people of New Jersey, this for granted in 21st Century Alas- ing a successful public railroad trans- I am proud to commemorate his many ka. It must be remembered, though, portation system in New Jersey and achievements to make New Jersey and that Jim Crow racial segregation laws the surrounding region, and I was our Nation a better place and convey and practices were quite prevalent in proud to secure Federal funding for our best wishes to his family and pre-World War II Southeast Alaska. these efforts. friends.∑ Reverend Soboleff emerged a key George’s efforts on one project, in f player in the maintaining and enhanc- particular, will help secure the eco- ing the Tlingit culture, serving seven nomic future of the New Jersey-New HONORING REV. DR. WALTER terms as President of the Alaska Na- York region and that is the new Hud- SOBOLEFF tive Brotherhood and broadcasting son River Rail Tunnel. Also called the ∑ Ms. MURKOWSKI. Mr. President, church services in Tlingit on the radio. Trans-Hudson Express, THE, Tunnel, when Americans think about what From 1962–1970 he took his ministry to part of the Access to the Region’s Core, they most admire about my home the water traveling on mission vessels ARC, Project, this new rail tunnel will State of Alaska, the breathtaking sce- to Native villages, logging camps and ensure that travel between New Jersey nery first comes to mind. What I most Coast Guard facilities in the archi- and Manhattan by rail will be available admire about my home State of Alaska pelago of islands that make up South- well into the future. Existing tunnels are the people, and in particular our east Alaska. are already at capacity during peak Native Elders. In 1952, Reverend Soboleff accepted a hours, with trains moving through Our Elders are the bearers of our commission in the Alaska Army Na- them at a rate of one every 21⁄2 min- uniquely Alaskan culture. They have tional Guard, serving as Chaplain for 20 utes. Without this new tunnel, our re- accepted the responsibility of ensuring years, retiring with rank of Lieutenant gion’s economy will suffer. New that succeeding generations know Colonel on February 1, 1973. Jerseyans would lose out on a conven- where they came from. They preserve In 1970, Walter Soboleff founded the ient and environmentally friendly way and transmit the traditions that make Alaska Native Studies Department at to commute to work into New York Alaska different from anyplace else. the University of Alaska Fairbanks. He

VerDate Aug 31 2005 06:33 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.047 S02OCPT1 rfrederick on PROD1PC67 with SENATE October 2, 2008 CONGRESSIONAL RECORD — SENATE S10481 taught Tlingit history, language and aviation industry and the last to re- emerging ballistic missile threats by literature, retiring again in 1974. cover. Despite these challenges, Larry fielding missile defenses at an unprece- You may have discovered that it is was able to successfully keep every- dented pace to defend the United difficult to use the words retirement thing going, and I am pleased to say States, our deployed troops, and U.S. and Walter Soboleff in the same sen- that in recent years, Tri-State Airport allies and friends around the world. tence. Every time Walter Soboleff re- has seen significant financial and pas- During his tenure as director, the tires he embarks on a new and ever senger growth. Between 2006 and 2007, Agency emplaced ground-based inter- more vital project. passenger traffic increased by 62 per- ceptors in Alaska and California, devel- Awarded an honorary Doctor of Di- cent, and the airport is currently pro- oped and deployed missile defenses to vinity by Dubuque University in 1952 ducing its highest boarding numbers in defeat shorter-range threats to our and an honorary Doctor of Humanities over 13 years. Much of this success can troops and our allies, and successfully by the University of Alaska Fairbanks be directly contributed to Larry’s ef- modified 18 U.S. Navy Aegis warships in 1968 he continues to serve as Pastor forts to bring Allegiants Air’s low-fare to give U.S. military commanders a Emeritus of the Northern Lights flights to the airport. This accomplish- highly effective regional ballistic mis- United Church in Juneau and as a ment has helped Tri-State Airport to sile defense capability. member of the Board of Trustees of the contribute roughly $50 million annu- To demonstrate the effectiveness of Sealaska Heritage Foundation. And ally to the local economy. our missile defense to our friends, our lest I forget, he was the first Alaska The hard work and dedication of allies, and, importantly, those that Native to serve on the Alaska State Larry Salyers personifies the attitude would mean us harm, General Obering Board of Education, where he served as of America and the true nature of West presided over a series of historic flight chairman. Virginians. When he retires, he will tests of our ballistic missile defense I think I can speak for the entire have left Tri-State Airport and the re- system and spearheaded efforts to train Senate in wishing the Reverend Doctor gion around the city of Huntington the warfighters employing the system. Walter Soboleff a happy 100th birthday. better than it was when he first began These tests proved to our allies that we We extend our best wishes to Dr. his career there over 33 years ago.∑ are prepared to defend ourselves and Soboleff for continued good health and f our allies and will pursue technologies good works.∑ to further reduce and eventually elimi- TRIBUTE TO LIEUTENANT GEN- f nate the threat of attack by ballistic ERAL HENRY A. ‘‘TREY’’ missiles. RECOGNIZING LARRY G. SALYERS OBERING, III General Obering has pursued an ag- ∑ Mr. ROCKEFELLER. Mr. President, I ∑ Mr. SESSIONS. Mr. President, today gressive development program to ad- wish today to congratulate Larry G. I honor a great American, a native of dress future threats, such as boost Salyers on his years of service as the Birmingham, AL, LTG Henry A. phase defenses, space tracking and sur- manager of Tri-State Airport. Larry’s ‘‘Trey’’ Obering III, on the occasion of veillance, and technologies to destroy hard work and continuous efforts have his retirement after 35 years of dedi- multiple threat objects using a single greatly enhanced this important re- cated service to our country. His pas- interceptor. gional airport as well as the commu- sion for progressing missile defense has General Obering recognized early on nity it serves. I am honored to have been imperative to its success and crit- the importance of working with our served with him and to share his story ical to our national security and the international partners and he led the with you today. safety of our allies. expansion of the Department’s missile In December 1975, Larry began work- General Obering entered the Air defense cooperative activities. He pur- ing at the airport as Director of Oper- Force in 1973 and received his pilot’s sued bilateral programs with Japan, ations and Security. He exhibited ex- wings in 1975. From there he went on to Israel, the Czech Republic, and Poland, traordinary dedication and hard work become a skilled air-to-air Top Gun- among others, as well as multilateral and, in March 1980 he was promoted to trained F–4E pilot and lead a very dis- programs with NATO. Working closely assistant airport manager. In 1981, he tinguished career. As an Air Force cap- with the State Department and the Of- was named acting manager and by May tain, General Obering was assigned to fice of the Secretary of Defense, Gen- 1982 he was appointed as the airport the Space Shuttle Program the year eral Obering’s vision and personal en- manager. before the first orbiter flew into space. gagement resulted in a broad consensus Under Larry’s leadership, the airport General Obering became an important among international leaders, combat- has experienced many positive part of this pioneering endeavor and ant commanders, and the international changes. He has overseen numerous participated in 15 space shuttle communities on the growing need to structural renovations in Tri-State’s launches as a NASA orbiter project en- establish long-range missile defenses in terminal design and the conditions of gineer. Europe. the runways. At present, the airport is I want to highlight the critical role General Obering has overseen the ex- in the process of a major runway exten- General Obering played in developing, pansion of the Missile Defense Agency. sion which will allow Tri-State to con- testing, and fielding this Nation’s bal- During his tenure, while executing all tinue its reputation for excellence for listic missile defense system. General of the activities in one of the most im- many years to come. Larry has also Obering joined the Missile Defense portant programs in the Department of diligently worked to ensure that the Agency in December of 2001, the very Defense, the Agency successfully un- airport has the best maintenance vehi- month the United States announced its derwent unprecedented organizational cles and equipment possible. withdrawal from the 1972 Anti-Ballistic changes. Thanks to his guidance, this Throughout his long service, Larry Missile Treaty, which had seriously im- transition is proceeding smoothly. has seen Tri-State Airport through peded the development and deployment General Obering’s leadership proved some of the aviation industry’s hardest of missile defenses. He deserves credit critical during two real-world crises. times. He has seen the deregulation of for the tremendous progress our Nation During North Korea’s provocative mis- the industry which left many small has made in recent years in the field of sile launches in July 2006, General communities across the country with missile defense. The advancement of Obering oversaw the Agency’s input to significantly diminished air service. all approaches to ballistic missile de- the Nation’s strategic response and The September 11 terrorist attacks fense, BMD, including kinetic energy provided situational awareness to the also had enormous repercussions interceptor, KEI, ground-based mid- President, combatant commanders, and throughout the aviation business as course defense, GMD, Aegis ballistic the missile defense community. His as- many airlines went into bankruptcy missile defense, and terminal high alti- surances that the Nation had the op- and new security measures were re- tude area defense system, THAAD, can tion of a responsive missile defense ca- quired at all the Nation’s airports. Tri- be attributed to the hard work of Gen- pability, had it been necessary, con- State, like many small airports across eral Obering and those he has led. tributed greatly to the maintenance of the country, is often the first to feel Under General Obering’s leadership, international stability. And in Feb- the pain during trying times for the the Agency addressed current and ruary 2008, General Obering also led the

VerDate Aug 31 2005 06:33 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.013 S02OCPT1 rfrederick on PROD1PC67 with SENATE S10482 CONGRESSIONAL RECORD — SENATE October 2, 2008 Agency’s participation in a successful pleasure, to have known personally, a better place to live. I would like to national joint mission to destroy an and been on friendly terms, with every commend Mayor Ronald Waldrop, who out-of-control U.S. satellite laden with governor back to Bibb Graves.’’ sets the example, and every citizen who toxic hydrazine fuel. During his lifetime, he served as has volunteered their efforts to the General Obering has consistently ex- president and founder of two insurance greater good. I am truly honored to emplified a true dedication to our Na- businesses, and owner and publisher of represent such people. They are men, tion and its ideals. His vision and drive three newspapers in Baldwin County. women, and youth of faith, integrity, enabled the Missile Defense Agency to He was the recipient of more than 35 and hard work. Such are the people field a truly worldwide ballistic missile awards including 8 honorary doctorate who have made America great.∑ defense capability that will be a part of degrees. f this Nation’s defensive infrastructure Jimmy Faulkner was a great man, HONORING ALVINA ELIZABETH for decades to come. Our Nation owes a and a world traveler who visited over SCHWAB PETTIGREW debt of gratitude to General Obering 100 countries during his lifetime. He ∑ for his outstanding leadership and serv- had a unique view of the entire world Mr. THUNE. Mr. President, today, ice. I am proud to express my apprecia- and the part of it he occupied, and he out of a sense of pride and gratitude, I tion for his service.∑ used that view and his knowledge to wish to recognize the remarkable yet unheralded work of a group of women f make Alabama and our Nation a better place. Those of us who knew him are who quite literally saved innumerable TRIBUTE TO JAMES HERMAN all better for having shared his inter- lives and made a notable contribution to the Allied victory during World War FAULKNER, SR. esting life and benefitted from his bril- II. One might wonder what has taken ∑ Mr. SESSIONS. Mr. President, today liant mind.∑ us so long to honor a group of women I pay tribute to James Herman f ‘‘Jimmy’’ Faulkner, Sr., a friend, who whose efforts date back over 65 years. passed away last month. ‘‘Mr. jimmy’’ COMMENDING THE TOWN OF BELK, The reason is that the nature of their to the scores who knew and admired ALABAMA work was so secret, the women were him, was a great Alabamian who, dur- ∑ Mr. SESSIONS. Mr. President, today warned that they could be shot for ing his life, served as a mayor, State I wish to tell you about the small town treason if they ever revealed their ac- senator, candidate for governor, news- of Belk located in Fayette County, AL. tivities. And so they didn’t. As a result, paper publisher, businessman, and phi- While having a relatively small popu- they never received the recognition lanthropist. lation—205 in 2007—Belt has an abun- they deserved. I am speaking of the WAVES (Women Born in Lamar County, AL, the son dance of community spirit and people Accepted for Voluntary Emergency of a schoolteacher and a farmer, he lost willing to give of their time and energy Service), who played an instrumental his father at the age of 12. He attended to make it a better place to live. They role in cracking the complex codes college in Tennessee and the School of exemplify the ‘‘can-do, cooperative at- that the Germans used to radio in- Journalism at the University of Mis- titude which made America great. structions from German headquarters souri. At age 20, he purchased The I visited Belk in August and was in- to the submarines that were sinking Baldwin Times newspaper and moved spired by their attitude and approach. Allied ships. And when I said I was to Baldwin County, AL, where he lived They feel greatly blessed to obtain any speaking out of a sense of pride, it is assistance, and use it along with their his life and became one of, if not the because Alvina Elizabeth Schwab most, well known of its citizens. own efforts to maximize the benefits to Pettigrew from my home State of Mr. Jimmy served as the Mayor of Belk. They have a Volunteer Fire De- South Dakota was among this deter- Bay Minette, AL, from 1941 to 1943, partment with 15 active members that mined group of heroes. when he was called to serve in World purchased a new fire truck in 2001 with Alvina was born in 1919 on a farm War II as a first lieutenant, pilot, and a grant and have since purchased 2 ad- near Mina, SD. She completed grades flight instructor. Following that serv- ditional pumper-service trucks. 1–8 in a one-room schoolhouse and ice, he represented Baldwin County in In 2004, they built a fine new Commu- graduated from Mina High School. She the Alabama State Senate, where he nity Center using a grant from the received a scholarship to Grand Island became an advocate for education and State of Alabama and a loan of $48,000. Business College in Nebraska in 1936. the State’s teachers. Holding a number of fundraising activi- But in 1942, this everyday American He served as Chairman of the Board ties, including a gospel singing, silent, embarked on a journey that would call of Directors for Alabama Christian Col- auction, golf tournament, and blue- her to do extraordinary things in the lege in Montgomery, and as a testa- grass festival, they have reduced that service of our Nation. ment to his success in putting that in- loan balance to $15,230. Every second Alvina enlisted in the WAVES in Oc- stitution in a position of financial sta- Friday night they have a bluegrass fes- tober 1942 and was sent to Stillwater, bility and his personal generosity, it tival at the center and volunteers do- OK, for 3 months of training. Following was renamed Faulkner University in nate food to be served in the kitchen. graduation, orders arrived for her to his honor in 1985. Remarkably, because All revenues go to pay on the center’s report to the Naval Communications he was instrumental in bringing Faulk- debt and everyone has a wonderful Annex in Washington, DC. In non- ner State University, a community col- time. descript buildings now housing the U.S. lege, to Baldwin County, that State In addition, in 2005 they constructed Department of Homeland Security, university is also named for him. Few a community storm shelter using a more than 600 WAVES labored secretly persons, if any, have had both a private small grant of $52,000 from FEMA. The in support of the war effort. German U- and State university named in their design work was donated by a local boats had been sinking Allied ships at honor. contractor, and local tradesmen do- alarming rates. Between January and Mr. Jimmy believed in Baldwin nated their time to do plumbing, elec- March 1942, the Germans sank 216 ships County. He brought business to the trical and water line work. off the east coast alone. But the Ameri- county. A friend of his, Scott Hunter, This past spring they built a new out- cans, improving on cryptological told me that Jimmy told him in 1990 to door stage using donations from cor- breakthroughs by the Poles and the buy all the real estate he could in Bald- porations and local businesses for the British, finally cracked the German win County because it would double in design and materials, and the labor of codes. The WAVES were the ones who population by 2010. And it has. Jimmy local volunteers for the construction. actually operated the machines that was able to predict economic, demo- This is the kind of volunteer effort, deciphered the codes. They had the graphic, and political changes with un- self-help, and love of community that I German U-boat fleet fighting for its canny accuracy. He lived to know 14 grew up knowing. It is still a common life. The WAVES ran the machines Alabama governors and he wrote, ‘‘We trait of small communities in Ala- around the clock. The noise was head- have had some good ones and some not bama, but, frankly, is being lost too splitting, the summer heat sweltering. so good. Because of my longevity, it often today. Belk has taken on the But they forged ahead, knowing that has been my privilege, and usually my task of making their piece of America American lives were at stake.

VerDate Aug 31 2005 06:33 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.092 S02OCPT1 rfrederick on PROD1PC67 with SENATE October 2, 2008 CONGRESSIONAL RECORD — SENATE S10483 Although one could argue that the S. 1738. An act to require the Department H.R. 5618. An act to reauthorize and amend honor does not begin to match the of Justice to develop and implement a Na- the National Sea Grant College Program magnitude of the achievement, Alvina tional Strategy Child Exploitation Preven- Act, and for other purposes. and the other WAVES are being recog- tion and Interdiction, to improve the Inter- H.R. 6098. An act to amend the Homeland Security Act of 2002 to improve the financial nized through a public arts project in net Crimes Against Children Task Force, to increase resources for regional computer fo- assistance provided to State, local, and trib- the Cathedral Heights neighborhood of rensic labs, and to make other improvements al governments for information sharing ac- Washington, DC. A turn-of-the-century to increase the ability of law enforcement tivities, and for other purposes. ‘‘call box’’ that once housed fire emer- agencies to investigate and prosecute child H.R. 6849. An act to amend the commodity gency equipment will contain a por- predators. provisions of the Food, Conservation, and trait of Alvina Schwab Pettigrew and a S. 2304. An act to amend title I of the Om- Energy Act of 2008 to permit producers to ag- description of what the WAVES did in nibus Crime Control and Safe Streets Act of gregate base acres and reconstitute farms to the Navy Annex just 200 yards away. It 1968 to provide grants for the improved men- avoid the prohibition on receiving direct is a lasting tribute to the women who tal health treatment and services provided payments, counter-cyclical payments, or av- to offenders with mental illnesses, and for turned the tide on the Germans and erage crop revenue election payments when other purposes. the sum of the base acres of a farm is 10 helped the Allied forces win the war. I S. 2816. An act to provide for the appoint- acres or less, and for other purposes. am proud that a South Dakotan is ment of the Chief Human Capital Officer of The enrolled bills were subsequently being honored in this way and that I the Department of Homeland Security by the signed by the President pro tempore am able to convey to Alvina and the Secretary of Homeland Security. WAVES a belated thank-you from a S. 3015. An act to designate the facility of (Mr. BYRD). most grateful Nation.∑ the United States Postal Service located at f 18 S. G Street, Lakeview, Oregon, as the ‘‘Dr. f Bernard Daly Post Office Building’’. MEASURES REFERRED REPORT TO EXTEND THE PERIOD S. 3082. An act to designate the facility of The following bills were read the first OF PRODUCTION OF THE NAVAL the United States Postal Service located at and the second times by unanimous 1700 Cleveland Avenue in Kansas City, Mis- consent, and referred as indicated: PETROLEUM RESERVES FOR A souri, as the ‘‘Reverend Earl Abel Post Office PERIOD OF THREE YEARS FROM Building’’. H.R. 160. An act to amend the American APRIL 5, 2009—PM 65 S. 3128. An act to direct the Secretary of Battlefield Protection Act of 1996 to estab- the Interior to provide a loan to the White lish a battlefield acquisition grant program The PRESIDING OFFICER laid be- for the acquisition and protection of nation- fore the Senate the following message Mountain Apache Tribe for use in planning, engineering, and designing a certain water ally significant battlefields and associated from the President of the United system project. sites of the Revolutionary War and the War States, together with an accompanying S. 3296. An act to extend the authority of of 1812, and for other purposes; to the Com- report; which was referred to the Com- the United States Supreme Court Police to mittee on Energy and Natural Resources. mittee on Armed Services: protect court officials off the Supreme Court H.R. 642. To establish the Honorable Steph- Grounds and change the title of the Adminis- anie Tubbs Jones Fire Suppression Dem- To the Congress of the United States: trative Assistant to the Chief Justice. onstration Incentive Program within the De- Consistent with section 7422(c)(2) of S. 3325. An act to enhance remedies for vio- partment of Education to promote installa- title 10, United States Code, I am in- lations of intellectual property laws, and for tion of fire sprinkler systems, or other fire forming you of my decision to extend other purposes. suppression or prevention technologies, in the period of production of the Naval S. 3477. An act to amend title 44, United qualified student housing and dormitories, Petroleum Reserves for a period of 3 States Code, to authorize grants for Presi- and for other purposes; to the Committee on dential Centers of Historical Excellence. Health, Education, Labor, and Pensions. years from April 5, 2009, the expiration S. 3536. An act to amend section 5402 of date of the currently authorized period H.R. 1485. An act for the relief of Esther title 39, United States Code, to modify the Karinge; to the Committee on the Judiciary. of production. authority relating to United States Postal H.R. 2535. An act to direct the Secretary of Attached is a copy of the report in- Service air transportation contracts, and for the Interior to conduct a study on the feasi- vestigating continued production of other purposes. bility and suitability of constructing a stor- the Reserves, consistent with section S. 3550. An act to designate a portion of the age reservoir, outlet works, and a delivery 7422(c)(2)(B) of title 10. In light of the Rappahannock River in the Commonwealth system for the Tule River Indian Tribe of findings contained in the report, I cer- of Virginia as the ‘‘John W. Warner Rapids’’. California to provide a water supply for do- tify that continued production from S. 3569. An act to make improvements in mestic, municipal, industrial, and agricul- the operation and administration of the Fed- the Naval Petroleum Reserves is in the tural purposes, and for other purposes; to the eral courts, and for other purposes. Committee on Energy and Natural Re- national interest. S. 3598. An act to amend titles 46 and 18, sources. GEORGE W. BUSH. United States Code, with respect to the oper- H.R. 2583. An act to amend title VII of the THE WHITE HOUSE, October 2, 2008. ation of submersible vessels and semi-sub- Public Health Service Act to establish a loan f mersible vessels without nationality. program for eligible hospitals to establish S. 3605. An act to extend the pilot program residency training programs; to the Com- MESSAGE FROM THE HOUSE for volunteer groups to obtain criminal his- mittee on Health, Education, Labor, and tory background checks. S. 3606. An act to extend the special immi- Pensions. ENROLLED BILLS SIGNED grant nonminister religious worker program H.R. 2994. An act to amend the Public Health Service Act with respect to pain care; At 12:45 p.m., a message from the and for other purposes. H.R. 928. An act to amend the Inspector to the Committee on Health, Education, House of Representatives, delivered by General Act of 1978 to enhance the independ- Labor, and Pensions. Mr. Zapata, one of its reading clerks, ence of the Inspectors General, to create a H.R. 3018. An act to provide for payment of announced that the Speaker pro tem- Council of the Inspectors General on Integ- an administrative fee to public housing pore (Mr. HOYER) has signed the fol- rity and Efficiency, and for other purposes. agencies to cover the costs of administering lowing enrolled bills: H.R. 1532. An act to amend the Public family self-sufficiency programs in connec- tion with the housing choice voucher pro- S. 431. An act to require convicted sex of- Health Service Act with respect to making gram of the Department of Housing and fenders to register online identifiers, and for progress toward the goal of eliminating tu- Urban Development; to the Committee on other purposes. berculosis, and for other purposes. S. 906. An act to prohibit the sale, distribu- H.R. 2786. An act to reauthorize the pro- Banking, Housing, and Urban Affairs. tion, transfer, and export of elemental mer- grams for housing assistance for Native H.R. 3019. An act to establish an Office of cury, and for other purposes. Americans. Housing Counseling to carry out and coordi- S. 1276. An act to facilitate the creation of H.R. 2963. An act to transfer certain land in nate the responsibilities of the Department methamphetamine precursor electronic log- Riverside County, California, and San Diego of Housing and Urban Development regard- book systems, and for other purposes. County, California, from the Bureau of Land ing counseling on homeownership and rental S. 1492. An act to improve the quality of Management to the United States to be held housing issues, to make grants to entities federal and state data regarding the avail- in trust for the Pechanga Band of Luiseno for providing such counseling, to launch a ability and quality of broadband services and Mission Indians, and for other purposes. national housing counseling advertising to promote the deployment of affordable H.R. 5350. An act to authorize the Sec- campaign, and for other purposes; to the broadband services to all parts of the Nation. retary of Commerce to sell or exchange cer- Committee on Banking, Housing, and Urban S. 1582. An act to reauthorize and amend tain National Oceanic and Atmospheric Ad- Affairs. the Hydrographic Services Improvement ministration property located in Norfolk, H.R. 3036. To reauthorize and enhance the Act, and for other purposes. Virginia, and for other purposes. National Environmental Education Act, and

VerDate Aug 31 2005 05:14 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.043 S02OCPT1 rfrederick on PROD1PC67 with SENATE S10484 CONGRESSIONAL RECORD — SENATE October 2, 2008 for other purposes; to the Committee on En- H.R. 6064. To encourage, enhance, and inte- crated; to the Committee on Foreign Rela- vironment and Public Works. grate Silver Alert plans throughout the tions. H.R. 3174. An act to amend titles 28 and 10, United States, to authorize grants for the as- H. Con. Res. 351. Concurrent resolution United States Code, to allow for certiorari sistance of organizations to find missing honoring the 225th Anniversary of the Conti- review of certain cases denied relief or re- adults, and for other purposes; to the Com- nental Congress meeting in Nassau Hall, view by the United States Court of Appeals mittee on the Judiciary. Princeton, New Jersey, in 1783; to the Com- for the Armed Forces; to the Committee on H.R. 6159. An act to provide for a land ex- mittee on the Judiciary. the Judiciary. change involving certain National Forest H. Con. Res. 360. Concurrent resolution rec- H.R. 3299. To provide for a boundary ad- System lands in the Mendocino National ognizing the important social and economic justment and land conveyances involving Forest in the State of California, and for contributions and accomplishments of the Roosevelt National Forest, Colorado, to cor- other purposes; to the Committee on Energy New Deal to our Nation on the 75th anniver- rect the effects of an erroneous land survey and Natural Resources. sary of legislation establishing the initial that resulted in approximately 7 acres of the H.R. 6176. An act to authorize the expan- New Deal social and public works programs; Crystal Lakes Subdivision, Ninth Filing, en- sion of the Fort Davis National Historic Site to the Committee on the Judiciary. croaching on National Forest System land, in Fort Davis, Texas, and for other purposes; H. Con. Res. 371. Concurrent resolution and for other purposes; to the Committee on to the Committee on Energy and Natural Re- strongly supporting an immediate and just Energy and Natural Resources. sources. restitution of, or compensation for, property H.R. 3336. An act to direct the Secretary of H.R. 6323. An act to establish a research, illegally confiscated during the last century the Interior to carry out a study to deter- development, demonstration, and commer- by Nazi and Communist regimes; to the Com- mine the suitability and feasibility of estab- cial application program to promote re- mittee on Foreign Relations. lishing Camp Hale as a unit of the National search of appropriate technologies for heavy H. Con. Res. 374. Concurrent resolution Park System; to the Committee on Energy duty plug-in hybrid vehicles, and for other supporting Christian, Jewish, and Muslim and Natural Resources. purposes; to the Committee on Commerce, interfaith dialogue that promotes peace, un- H.R. 3402. An act to require accurate and Science, and Transportation. derstanding, unity, and religious freedom; to reasonable disclosure of the terms and condi- H.R. 6406. An act to elevate the Inspector the Committee on Foreign Relations. tions of prepaid telephone calling cards and General of the Commodity Futures Trading H. Con. Res. 376. Concurrent resolution services; to the Committee on Commerce, Commission to an Inspector General ap- congratulating the 2007-2008 National Bas- Science, and Transportation. ketball Association World Champions, the H.R. 3849. An act to provide for the convey- pointed pursuant to section 3 of the Inspec- Boston Celtics, on an outstanding and his- ance of parcels of land to Mantua, Box Elder tor General Act of 1978; to the Committee on toric season; to the Committee on the Judi- County, Utah; to the Committee on Energy Agriculture, Nutrition, and Forestry. ciary. and Natural Resources. H.R. 6585. An act to designate the facility H. Con. Res. 386. Concurrent resolution rec- H.R. 5030. An act for the relief of Corina de of the United States Postal Service located ognizing and celebrating the 232nd anniver- Chalup Turcinovic; to the Committee on the at 311 Southwest 2nd Street in Corvallis, Or- sary of the signing of the Declaration of Judiciary. egon, as the ‘‘Helen Berg Post Office Build- H.R. 5243. An act for the relief of Kumi ing’’; to the Committee on Homeland Secu- Independence; to the Committee on the Judi- Iizuka-Barcena; to the Committee on the Ju- rity and Governmental Affairs. ciary. diciary. H.R. 6604. An act to amend the Commodity H. Con. Res. 388. Expressing the sense of H.R. 5244. An act to amend the Truth in Exchange Act to bring greater transparency Congress that the Department of Defense Lending Act to establish fair and trans- and accountability to commodity markets, and the Federal Voting Assistance Program parent practices relating to the extension of and for other purposes; to the Committee on should take certain additional and timely credit under an open end consumer credit Agriculture, Nutrition, and Forestry. measures to ensure that members of the plan, and for other purposes; to the Com- H.R. 6625. An act to require the Secretary Armed Forces and their dependents and citi- mittee on Banking, Housing, and Urban Af- of Veterans Affairs to permit facilities of the zens living overseas are provided with rea- fairs. Department of Veterans Affairs to be des- sonable information on how to register to H.R. 5335. An act to amend the National ignated as voter registration agencies, and vote and vote in the 2008 general elections; Trails System Act to provide for the inclu- for other purposes; to the Committee on to the Committee on Rules and Administra- sion of new trail segments, land components, Rules and Administration. tion. and campgrounds associated with the Trail H.R. 6685. An act to authorize the Sec- H. Con. Res. 393. Concurrent resolution of Tears National Historic Trail, and for retary of the Interior to provide an annual supporting the goals and ideals of ‘‘National other purposes; to the Committee on Energy grant to facilitate an iron working training Sudden Cardiac Arrest Awareness Month’’; and Natural Resources. program for Native Americans; to the Com- to the Committee on Health, Education, H.R. 5352. An act to protect seniors in the mittee on Indian Affairs. Labor, and Pensions. United States from elder abuse by estab- The following concurrent resolutions H. Con. Res. 405. Concurrent resolution rec- ognizing the first full week of April as ‘‘Na- lishing specialized elder abuse prosecution were read, and referred as indicated: and research programs and activities to aid tional Workplace Wellness Week’’; to the victims of elder abuse, to provide training to H. Con. Res. 61. Concurrent resolution ex- Committee on the Judiciary. prosecutors and other law enforcement re- pressing the sense of the Congress that the H. Con. Res. 408. Concurrent resolution rec- lated to elder abuse prevention and protec- United States flag flown over the United ognizing North Platte, Nebraska, as ‘‘Rail tion, to establish programs that provide for States Capitol should be lowered to half- Town USA’’; to the Committee on Com- emergency crisis response teams to combat mast one day each month in honor of the merce, Science, and Transportation. elder abuse, and for other purposes; to the brave men and women from the United H. Con. Res. 410. Concurrent resolution rec- Committee on the Judiciary. States who have lost their lives in military ognizing the FBI on their 100th anniversary; H.R. 5443. An act to improve defense co- conflicts; to the Committee on Rules and Ad- to the Committee on the Judiciary. operation between the Republic of Korea and ministration. H. Con. Res. 415. Concurrent resolution the United States; to the Committee on For- H. Con. Res. 214. Concurrent resolution ex- celebrating 75 years of effective State-based eign Relations. pressing the sense of Congress that the alcohol regulation and recognizing State H.R. 5611. An act to reform the National President should grant a posthumous pardon lawmakers, regulators, law enforcement offi- Association of Registered Agents and Bro- to John Arthur ‘‘Jack’’ Johnson for the 1913 cers, the public health community and in- kers, and for other purposes; to the Com- racially motivated conviction of Johnson, dustry members for creating a workable, mittee on Banking, Housing, and Urban Af- which diminished his athletic, cultural, and legal, and successful system of alcoholic bev- fairs. historic significance, and tarnished his rep- erage regulation, distribution, and sale; to H.R. 5736. An act to designate the Depart- utation; to the Committee on the Judiciary. the Committee on the Judiciary. ment of Veterans Affairs outpatient clinic in H. Con. Res. 223. Concurrent resolution H. Con. Res. 429. Concurrent resolution rec- Gadsden, Alabama, as the Colonel Ola Lee honoring professional surveyors and recog- ognizing the importance of the United States Mize Veterans Clinic; to the Committee on nizing their contributions to society; to the wine industry to the American economy; to Veterans’ Affairs. Committee on the Judiciary. the Committee on Agriculture, Nutrition, H.R. 5772. An act to amend section 811 of H. Con. Res. 239. Recognizing and acknowl- and Forestry. the Cranston-Gonzalez National Affordable edging the important role of adoption, and f Housing Act to improve the program under commending all parties involved, including such section for supportive housing for per- birthparents who carry out an adoption plan, MEASURES PLACED ON THE sons with disabilities; to the Committee on adoptive families, and adopted children; to CALENDAR Banking, Housing, and Urban Affairs. the Committee on Health, Education, Labor, The following bills were read the first H.R. 5853. An act to expand the boundary of and Pensions. the Minute Man National Historical Park in H. Con. Res. 255. Concurrent resolution ex- and second times by unanimous con- the Commonwealth of Massachusetts to in- pressing the sense of Congress regarding the sent, and placed on the calendar: clude Barrett’s Farm, and for other purposes; United States commitment to preservation H.R. 1907. An act to authorize the acquisi- to the Committee on Energy and Natural Re- of religious and cultural sites and con- tion of land and interests in land from will- sources. demning instances where sites are dese- ing sellers to improve the conservation of,

VerDate Aug 31 2005 05:14 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.079 S02OCPT1 rfrederick on PROD1PC67 with SENATE October 2, 2008 CONGRESSIONAL RECORD — SENATE S10485 and to enhance the ecological values and accompanying papers, reports, and doc- partment of the Interior, transmitting, pur- functions of, coastal and estuarine areas to uments, and were referred as indicated: suant to law, the report of a rule entitled benefit both the environment and the econo- EC–8218. A communication from the Sec- ‘‘Migratory Bird Hunting: Final Frameworks for Late-Season Migratory Bird Hunting mies of coastal communities, and for other retary of Agriculture, transmitting, pursu- Regulations’’ (RIN1018–AV62) received on Oc- purposes. ant to law, a report entitled ‘‘Fiscal Year tober 2, 2008; to the Committee on Environ- H.R. 2933. An act to amend the American 2007 FAIR Act Inventory’’; to the Committee Battlefield Protection Act of 1996 to extend ment and Public Works. on Agriculture, Nutrition, and Forestry. EC–8229. A communication from the Wild- the authorization for that Act, and for other EC–8219. A communication from the Gen- life Biologist, Fish and Wildlife Service, De- purposes. eral Counsel, Federal Housing Finance Agen- partment of the Interior, transmitting, pur- H.R. 3232. An act to establish a non-profit cy, transmitting, pursuant to law, the report suant to law, the report of a rule entitled corporation to communicate United States of a rule entitled ‘‘Assessments’’ (RIN2590– ‘‘Migratory Bird Hunting: Late Seasons and entry policies and otherwise promote tour- AA08) received on October 1, 2008; to the Bag and Possession Limits for Certain Mi- ist, business, and scholarly travel to the Committee on Banking, Housing, and Urban United States. gratory Game Birds’’ (RIN1018–AV62) re- Affairs. ceived on October 2, 2008; to the Committee H.R. 3437. An act to authorize the Sec- EC–8220. A communication from the Assist- on Environment and Public Works. retary of the Interior to carry out the Jack- ant to the Secretary of Defense (Nuclear and EC–8230. A communication from the Wild- son Gulch rehabilitation project in the State Chemical and Biological Programs) trans- life Biologist, Fish and Wildlife Service, De- of Colorado. mitting, pursuant to law, a report relative to partment of the Interior, transmitting, pur- H.R. 4081. An act to prevent tobacco smug- making available small Defense quantities of suant to law, the report of a rule entitled gling, to ensure the collection of all tobacco toxic agent or precursor to a State, a unit of ‘‘Migratory Bird Hunting: Regulations on taxes, and for other purposes. local government, or private entity incor- Certain Federal Indian Reservations and f porated in the United States; to the Com- Ceded Lands for the 2008–09 Late Season’’ mittee on Armed Services. (RIN1018–AV62) received on October 2, 2008; ENROLLED BILLS PRESENTED EC–8221. A communication from the Sec- to the Committee on Environment and Pub- retary of Transportation, transmitting, pur- The Assistant Secretary of the Sen- lic Works. suant to law, a report entitled ‘‘National EC–8231. A communication from the Wild- ate reported that on today, October 2, Plan of Integrated Airport Systems (NPIAS) life Biologist, Fish and Wildlife Service, De- 2008, she had presented to the President 2009–2013’’; to the Committee on Commerce, partment of the Interior, transmitting, pur- of the United States the following en- Science, and Transportation. suant to law, the report of a rule entitled rolled bill: EC–8222. A communication from the Acting ‘‘Migratory Bird Hunting: Early Seasons and Director, Office of Sustainable Fisheries, De- S. 1492. An act to improve the quality of Bag and Possession Limits for Certain Mi- partment of Commerce, transmitting, pursu- Federal and State data regarding the avail- gratory Game Birds in the Contiguous ant to law, the report of a rule entitled ability and quality of broadband services and United States, Alaska, Hawaii, Puerto Rico, ‘‘Fisheries of the Exclusive Economic Zone and the Virgin Islands’’ (RIN1018–AV62) re- to promote the deployment of affordable Off Alaska; Pacific Cod by Pot Catcher Proc- ceived on October 2, 2008; to the Committee broadband services to all parts of the Nation. essors in the Bering Sea and Aleutian Islands on Environment and Public Works. S. 1582. An act to reauthorize and amend Management Area’’ (RIN0648–XK62) received EC–8232. A communication from the Wild- the Hydrographic Services Improvement on October 2, 2008; to the Committee on Com- life Biologist, Fish and Wildlife Service, De- Act, and for other purposes. merce, Science, and Transportation. partment of the Interior, transmitting, pur- S. 1738. An act to require the Department EC–8223. A communication from the Dep- suant to law, the report of a rule entitled of Justice to develop and implement a Na- uty Assistant Administrator for Regulatory ‘‘Migratory Bird Hunting: Migratory Bird tional Strategy Child Exploitation Preven- Programs, Office of Sustainable Fisheries, Hunting Regulations on Certain Federal In- tion and Interdiction, and improve the Inter- Department of Commerce, transmitting, pur- dian Reservations and Ceded Lands for the net Crimes Against Children Task Force, to suant to law, the report of a rule entitled 2008–09 Early Season’’ ((RIN1018–AV62)(50 increase resources for regional computer fo- ‘‘Fisheries of the Northeastern United CFR Part 20)) received on October 2, 2008; to rensic labs, and to make other improvements States; Atlantic Sea Scallop Fishery; Frame- the Committee on Environment and Public to increase the ability of law enforcement work Adjustment 19; Correcting Amend- Works. agencies to investigate and prosecute child ment’’ (RIN0648–AV90) received on October 1, EC–8233. A communication from the Acting predators. 2008; to the Committee on Commerce, Assistant Secretary, Fish and Wildlife Serv- S. 2816. An act to provide for the appoint- Science, and Transportation. ice, Department of the Interior, transmit- ment of the Chief Human Capital Officer of EC–8224. A communication from the Dep- ting, pursuant to law, the report of a rule en- the Department of Homeland Security by the uty Assistant Administrator, Office of Sus- titled ‘‘Migratory Bird Hunting: Final Secretary of Homeland Security. tainable Fisheries, Department of Com- Framework for Early Season Migratory Bird S. 3015. An act to designate the facility of merce, transmitting, pursuant to law, the re- Hunting Regulations’’ (RIN1018–AV62) re- the United States Postal Service located at port of a rule entitled ‘‘Atlantic Highly Mi- ceived on October 2, 2008; to the Committee 18 S. G Street, Lakeview, Oregon, as the ‘‘Dr. gratory Species; Atlantic Tuna Fisheries; on Environment and Public Works. EC–8234. A communication from the Acting Bernard Daly Post Office Building’’. Pelagic and Bottom Longline Fisheries; Gear S. 3023. An act to amend title 38, United Assistant Secretary, Fish and Wildlife Serv- Authorization and Turtle Control Devices’’ ice, Department of the Interior, transmit- States Code, to improve and enhance com- (RIN0648–AV92) received on October 2, 2008; pensation and pension, housing, labor and ting, pursuant to law, the report of a rule en- to the Committee on Commerce, Science, titled ‘‘Migratory Bird Permits; Revisions to education, and insurance benefits for vet- and Transportation. erans, and for other purposes. Migratory Bird Import and Export Regula- EC–8225. A communication from the Acting tions’’ (RIN1018–AV35) received on October 2, S. 3082. An act to designate the facility of Assistant Secretary, Energy Efficiency and the United States Postal Service located at 2008; to the Committee on Environment and Renewable Energy, Department of Energy, Public Works. 1700 Cleveland Avenue in Kansas City, Mis- transmitting, pursuant to law, a report enti- EC–8235. A communication from the Chair- souri, as the ‘‘Reverend Earl Abel Post Office tled ‘‘Effects of a Transition to a Hydrogen man, U.S. International Trade Commission, Building’’. Economy on Employment in the United transmitting, pursuant to law, a report enti- S. 3128. An act to direct the Secretary of States’’; to the Committee on Energy and tled ‘‘Andean Trade Preference Act: Impact the Interior to provide a loan to the White Natural Resources. on U.S. Industries and Consumers and on Mountain Apache Tribe for use in planning, EC–8226. A communication from the Direc- Drug Crop Eradication and Crop Substi- engineering, and designing a certain water tor, Office of Congressional Affairs, Nuclear tution, 2007’’; to the Committee on Finance. system project. Regulatory Commission, transmitting, pur- EC–8236. A communication from the Direc- S. 3325. An act to enhance remedies for vio- suant to law, the report of a rule entitled tor, Office of National Drug Control Policy, lations of intellectual property laws, and for ‘‘Technical Specifications—Restoring the Executive Office of the President, transmit- other purposes. Original Paragraph Designations’’ (RIN3150– ting, pursuant to law, an addendum to the S. 3569. An act to make improvements in AI41) received on October 2, 2008; to the Com- previously submitted report entitled ‘‘Fiscal the operation and administration of the Fed- mittee on Environment and Public Works. Year 2007 Performance Summary Report’’; to eral courts, and for other purposes. EC–8227. A communication from the Direc- the Committee on the Judiciary. S. 3606. An act to extend the special immi- tor, Office of Congressional Affairs, Nuclear EC–8237. A communication from the Prin- grant nonminister religious worker program Regulatory Commission, transmitting, pur- cipal Deputy Assistant Attorney General, Of- and for other purposes. suant to law, the report of a rule entitled fice of Legislative Affairs, Department of ‘‘Inflation Adjustment To The Price-Ander- f Justice, transmitting, the report of proposed son Act Financial Protection Regulations’’ legislation entitled ‘‘Classified Information EXECUTIVE AND OTHER (RIN3150–AI44) received on October 2, 2008; to Procedures Reform Act of 2008’’; to the Com- COMMUNICATIONS the Committee on Environment and Public mittee on the Judiciary. Works. EC–8238. A communication from the Chief, The following communications were EC–8228. A communication from the Wild- Border Security Regulations Branch, Depart- laid before the Senate, together with life Biologist, Fish and Wildlife Service, De- ment of Homeland Security, transmitting,

VerDate Aug 31 2005 05:14 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.093 S02OCPT1 rfrederick on PROD1PC67 with SENATE S10486 CONGRESSIONAL RECORD — SENATE October 2, 2008 pursuant to law, the report of a rule entitled SUBMISSION OF CONCURRENT AND Paul, in recognition of her role in the ‘‘Issuance of a Visa and Authorization for SENATE RESOLUTIONS women’s suffrage movement and in ad- Temporary Admission into the United States vancing equal rights for women. for Certain Nonimmigrant Aliens Infected The following concurrent resolutions with HIV’’ (RIN1651–AA71) received on Octo- and Senate resolutions were read, and S. 1376 ber 1, 2008; to the Committee on the referred (or acted upon), as indicated: At the request of Mr. LEAHY, his Judiciary. By Mr. REID (for himself and Mr. name was added as a cosponsor of S. EC–8239. A communication from the Dis- MCCONNELL): 1376, a bill to amend the Public Health trict of Columbia Auditor, transmitting, pur- S. Res. 702. A resolution commending Service Act to revise and expand the suant to law, a report entitled ‘‘Re-Certifi- David J. Tinsley on his service to the United drug discount program under section cation of the Fiscal Year 2008 Total Non- States Senate; considered and agreed to. 340B of such Act to improve the provi- Dedicated Local Source Revenues in Support By Mr. BAUCUS (for himself, Mr. sion of discounts on drug purchases for of the District’s $327,905,000 General Obliga- CRAPO, Ms. CANTWELL, Mr. LEVIN, Mr. certain safety net provides. tion Bonds (Series 2008E)’’; to the Committee THUNE, Mr. DURBIN, Mr. BINGAMAN, on Homeland Security and Governmental Af- Mr. ROBERTS, Mr. SMITH, Mr. OBAMA, S. 1588 fairs. Mr. NELSON of Nebraska, Mr. TESTER, At the request of Ms. LANDRIEU, the EC–8240. A communication from the Dis- Mr. GRASSLEY, Mr. COLEMAN, Mr. name of the Senator from Montana trict of Columbia Auditor, transmitting, pur- REID, Ms. STABENOW, Mr. STEVENS, (Mr. TESTER) was added as a cosponsor suant to law, a report entitled ‘‘Letter Re- Mr. CRAIG, Mr. WYDEN, Mr. SALAZAR, of S. 1588, a bill to amend the Public port: Audit of Advisory Neighborhood Com- Mrs. FEINSTEIN, Mrs. LINCOLN, Mr. Health Service Act, the Employee Re- FEINGOLD, and Mr. ENZI): mission 1B for Fiscal Years 2006 Through tirement Income Security Act of 1974, 2008, as of March 31, 2008’’; to the Committee S. Res. 703. A resolution designating No- on Homeland Security and Governmental Af- vember 2008 as ‘‘National Methamphetamine and the Internal Revenue Code of 1986 fairs. Awareness Month’’, to increase awareness of to require that group and individual EC–8241. A communication from the Dis- methamphetamine abuse; considered and health insurance coverage and group trict of Columbia Auditor, transmitting, pur- agreed to. health plans provide coverage for treat- suant to law, a report entitled ‘‘Comparative By Mr. REID (for himself, Mr. DURBIN, ment of a minor child’s congenital or Analysis of Actual Cash Collections to the Mrs. MURRAY, and Mr. OBAMA): developmental deformity or disorder Revised Revenue Estimate Through the 2nd S. Res. 704. A resolution congratulating the members of the United States Olympic and due to trauma, infection, tumor, or dis- Quarter of Fiscal Year 2008’’; to the Com- ease. mittee on Homeland Security and Govern- Paralympic Teams on their success in the mental Affairs. 2008 Summer Olympic and Paralympic S. 2020 EC–8242. A communication from the Ad- Games and supporting the selection of Chi- At the request of Mr. LUGAR, the ministrator, Federal Emergency Manage- cago, Illinois, as the site of the 2016 Summer name of the Senator from Maine (Ms. ment Agency, Department of Homeland Se- Olympic and Paralympic Games; considered SNOWE) was added as a cosponsor of S. curity, transmitting, pursuant to law, a re- and agreed to. 2020, a bill to reauthorize the Tropical By Mr. BROWNBACK (for himself, Mr. port relative to the cost of response and re- Forest Conservation Act of 1998 covery efforts for FEMA–3291–EM in the LEVIN, and Mr. VOINOVICH): S. Res. 705. A resolution expressing the through fiscal year 2010, to rename the State of Mississippi; to the Committee on Tropical Forest Conservation Act of Homeland Security and Governmental Af- sense of the Senate on the commitment of fairs. the United States to the preservation of reli- 1998 as the ‘‘Tropical Forest and Coral gious and cultural sites and condemning in- EC–8243. A communication from the Ad- Conservation Act of 2007’’, and for stances in which such sites are desecrated; ministrator, Federal Emergency Manage- other purposes. considered and agreed to. ment Agency, Department of Homeland Se- S. 2510 f curity, transmitting, pursuant to law, a re- At the request of Mr. ISAKSON, the port relative to the cost of response and re- ADDITIONAL COSPONSORS ON name of the Senator from Texas (Mr. covery efforts for FEMA–3294–EM in the OCTOBER 1, 2008 CORNYN) was added as a cosponsor of S. State of Texas; to the Committee on Home- land Security and Governmental Affairs. S. 602 2510, a bill to amend the Public Health At the request of Mr. PRYOR, the Service Act to provide revised stand- f name of the Senator from Florida (Mr. ards for quality assurance in screening NELSON) was added as a cosponsor of S. and evaluation of gynecologic cytology preparations, and for other purposes. INTRODUCTION OF BILLS AND 602, a bill to develop the next genera- S. 2736 JOINT RESOLUTIONS tion of parental control technology. S. 714 At the request of Mr. KOHL, the name The following bills and joint resolu- At the request of Mr. AKAKA, the of the Senator from Pennsylvania (Mr. tions were introduced, read the first name of the Senator from Illinois (Mr. CASEY) was added as a cosponsor of S. and second times by unanimous con- OBAMA) was added as a cosponsor of S. 2736, a bill to amend section 202 of the sent, and referred as indicated: 714, a bill to amend the Animal Welfare Housing Act of 1959 to improve the pro- By Mrs. DOLE: Act to ensure that all dogs and cats gram under such section for supportive S. 3679. A bill to amend the Internal Rev- used by research facilities are obtained housing for the elderly, and for other enue Code of 1986 to expand the credit for re- legally. purposes. newable electricity production to include S. 2908 electricity produced from biomass for on-site S. 766 use; to the Committee on Finance. At the request of Mrs. CLINTON, the At the request of Mr. THUNE, his By Mr. HATCH (for himself and Mr. name of the Senator from Oregon (Mr. name was added as a cosponsor of S. REID): WYDEN) was added as a cosponsor of S. 2908, a bill to amend title II of the So- S. 3680. A bill to amend the Atomic Energy 766, a bill to amend the Fair Labor cial Security Act to prohibit the dis- Act of 1954 to provide for thorium fuel cycle Standards Act of 1938 to provide more play of Social Security account num- nuclear power generation; to the Committee effective remedies of victims of dis- bers on Medicare cards. on Energy and Natural Resources. crimination in the payment of wages S. 3140 By Mr. REID: At the request of Mr. WEBB, the name S. 3681. A bill to designate the facility of on the basis of sex, and for other pur- the United States Postal Service located at poses. of the Senator from New Jersey (Mr. 5070 Vegas Valley Drive in Las Vegas, Ne- S. 826 MENENDEZ) was added as a cosponsor of vada, as the ‘‘Joseph A. Ryan Post Office At the request of Mr. MENENDEZ, the S. 3140, a bill to provide that 4 of the 12 Building’’; to the Committee on Homeland names of the Senator from New Mexico weeks of parental leave made available Security and Governmental Affairs. (Mr. BINGAMAN), the Senator from Min- to a Federal employee shall be paid By Ms. SNOWE (for herself, Ms. CANT- nesota (Ms. KLOBUCHAR), the Senator leave, and for other purposes. WELL, and Mr. STEVENS): from Missouri (Mrs. MCCASKILL) and S. 3484 S. 3682. A bill to provide incentives to small business concerns for innovative en- the Senator from Arkansas (Mrs. LIN- At the request of Mr. SPECTER, the ergy-efficient technologies and products, and COLN) were added as cosponsors of S. name of the Senator from Connecticut for other purposes; to the Committee on En- 826, a bill to posthumously award a (Mr. DODD) was added as a cosponsor of ergy and Natural Resources. Congressional gold medal to Alice S. 3484, a bill to provide for a delay in

VerDate Aug 31 2005 05:14 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.082 S02OCPT1 rfrederick on PROD1PC67 with SENATE October 2, 2008 CONGRESSIONAL RECORD — SENATE S10487 the phase out of the hospice budget Agriculture to provide crop disaster as- and anaphylaxis in schools, to estab- neutrality adjustment factor under sistance to agricultural producers that lish school-based food allergy manage- title XVIII of the Social Security Act. suffered qualifying quantity or quality ment grants, and for other purposes. S. 3487 losses for the 2008 crop year due to a S. 1936 At the request of Ms. MIKULSKI, her natural disaster. At the request of Mr. COLEMAN, his name was added as a cosponsor of S. S. 3656 name was added as a cosponsor of S. 3487, a bill to amend the National and At the request of Mr. SCHUMER, the 1936, a bill to provide for a plebiscite on Community Service Act of 1990 to ex- names of the Senator from Iowa (Mr. the future status of Puerto Rico. pand and improve opportunities for HARKIN), the Senator from Oregon (Mr. S. 2059 service, and for other purposes. WYDEN), the Senator from Massachu- At the request of Mrs. CLINTON, the At the request of Mrs. LINCOLN, her setts (Mr. KERRY), the Senator from name of the Senator from North Caro- name was added as a cosponsor of S. Colorado (Mr. SALAZAR), the Senator lina (Mr. BURR) was added as a cospon- 3487, supra. from Washington (Ms. CANTWELL), the sor of S. 2059, a bill to amend the Fam- S. 3507 Senator from California (Mrs. FEIN- ily and Medical Leave Act of 1993 to At the request of Mr. REED, the name STEIN), the Senator from California clarify the eligibility requirements of the Senator from Indiana (Mr. BAYH) (Mrs. BOXER) and the Senator from with respect to airline flight crews. was added as a cosponsor of S. 3507, a Wisconsin (Mr. FEINGOLD) were added S. 2458 bill to provide for additional emer- as cosponsors of S. 3656, a bill to pre- At the request of Mr. MENENDEZ, his gency unemployment compensation. serve access to healthcare under the name was added as a cosponsor of S. S. 3512 Medicare and Medicaid programs. 2458, a bill to promote and enhance the operation of local building code en- At the request of Mr. DURBIN, the S. RES. 616 name of the Senator from North Da- At the request of Mrs. LINCOLN, the forcement administration across the country by establishing a competitive kota (Mr. DORGAN) was added as a co- name of the Senator from Ohio (Mr. sponsor of S. 3512, a bill to require the BROWN) was added as a cosponsor of S. Federal matching grant program. Secretary of Health and Human Serv- Res. 616, a resolution reducing mater- S. 2920 ices to remove social security account nal mortality both at home and At the request of Mr. KERRY, the numbers from Medicare identification abroad. name of the Senator from Kansas (Mr. cards and communications provided to S. RES. 664 BROWNBACK) was added as a cosponsor Medicare beneficiaries in order to pro- At the request of Mrs. DOLE, the of S. 2920, a bill to reauthorize and im- tect Medicare beneficiaries from iden- name of the Senator from Mississippi prove the financing and entrepre- tity theft. (Mr. COCHRAN) was added as a cospon- neurial development programs of the Small Business Administration, and for S. 3529 sor of S. Res. 664, a resolution cele- other purposes. At the request of Mr. LUGAR, the brating the centennial of Union Sta- S. 3037 name of the Senator from Illinois (Mr. tion in Washington, District of Colum- At the request of Mr. DODD, the name DURBIN) was added as a cosponsor of S. bia. of the Senator from Maryland (Mr. 3529, a bill to authorize appropriations f CARDIN) was added as a cosponsor of S. for fiscal years 2010 through 2014 to pro- ADDITIONAL COSPONSORS 3037, a bill to amend the National and vide assistance to foreign countries to S. 714 Community Service Act of 1990 to im- promote food security, to stimulate At the request of Mr. AKAKA, the prove the educational awards provided rural economies, and to improve emer- name of the Senator from Washington for national service, and for other pur- gency response to food crises, to amend (Ms. CANTWELL) was added as a cospon- poses. the Foreign Assistance Act of 1961, and sor of S. 714, a bill to amend the Ani- S 3102 for other purposes. . mal Welfare Act to ensure that all dogs At the request of Ms. SNOWE, the S. 3532 and cats used by research facilities are name of the Senator from Georgia (Mr. At the request of MS. SNOWE, the obtained legally. ISAKSON) was added as a cosponsor of S. name of the Senator from Illinois (Mr. S. 784 3102, a bill to establish the Small Busi- DURBIN) was added as a cosponsor of S. At the request of Mr. REID, the name ness Information Security Task Force, 3532, a bill to amend the Internal Rev- of the Senator from Utah (Mr. HATCH) and for other purposes. enue Code of 1986 to allow the Sec- was added as a cosponsor of S. 784, a S. 3155 retary of the Treasury to establish the bill to amend the Nuclear Waste Policy At the request of Mr. LEAHY, the standard mileage rate for use of a pas- Act of 1982 to require commercial nu- name of the Senator from New York senger automobile for purposes of the clear power plant operators to transfer (Mrs. CLINTON) was added as a cospon- charitable contributions deduction and spent nuclear fuel from the spent nu- sor of S. 3155, a bill to reauthorize and to exclude charitable mileage reim- clear fuel pools of the operators into improve the Juvenile Justice and De- bursements from gross income. spent nuclear fuel dry casks at inde- linquency Prevention Act of 1974, and S. 3552 pendent spent fuel storage installa- for other purposes. At the request of Mr. LIEBERMAN, the tions of the operators that are licensed S. 3252 name of the Senator from Michigan by the Nuclear Regulatory Commis- At the request of Mr. DODD, the name (Ms. STABENOW) was added as a cospon- sion, to convey to the Secretary of En- of the Senator from Iowa (Mr. HARKIN) sor of S. 3552, a bill to conserve the ergy title to all such transferred spent was added as a cosponsor of S. 3252, a United States fish and aquatic commu- nuclear fuel, to provide for the transfer bill to amend the Consumer Credit Pro- nities through partnerships that foster to the Secretary of the independent tection Act, to ban abusive credit prac- fish habitat conservation and improve spent fuel storage installation oper- tices, enhance consumer disclosures, the quality of life for the people of the ating responsibility of each plant to- protect underage consumers, and for United States and for other purposes. gether with the license granted by the other purposes. S. 3553 Commission for the installation, and S. 3462 At the request of Ms. MURKOWSKI, the for other purposes. At the request of Mr. SCHUMER, the name of the Senator from Mississippi S. 1232 name of the Senator from Indiana (Mr. (Mr. COCHRAN) was added as a cospon- At the request of Mr. DODD, the name BAYH) was added as a cosponsor of S. sor of S. 3553, a bill to exempt certain of the Senator from Arkansas (Mrs. 3462, a bill to ensure that the courts of charitable flights from certain regula- LINCOLN) was added as a cosponsor of S. the United States may provide an im- tions applicable to commercial flights. 1232, a bill to direct the Secretary of partial forum for claims brought by S. 3644 Health and Human Services, in con- United States citizens and others At the request of Mr. VITTER, his sultation with the Secretary of Edu- against any railroad organized as a sep- name was added as a cosponsor of S. cation, to develop a voluntary policy arate legal entity, arising from the de- 3644, a bill to require the Secretary of for managing the risk of food allergy portation of United States citizens and

VerDate Aug 31 2005 05:14 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.086 S02OCPT1 rfrederick on PROD1PC67 with SENATE S10488 CONGRESSIONAL RECORD — SENATE October 2, 2008 others to Nazi concentration camps on (Mr. WHITEHOUSE) was added as a co- rium fuel cycle can be used as a very trains owned or operated by such rail- sponsor of S. 3552, a bill to conserve the effective and efficient means for dis- road, and by heirs and survivors of such United States fish and aquatic commu- posing of existing plutonium stock- persons. nities through partnerships that foster piles. S. 3468 fish habitat conservation and improve Our Nation has focused mostly on At the request of Mr. SCHUMER, the the quality of life for the people of the mixed oxide nuclear fuel cycles, and name of the Senator from Hawaii (Mr. United States and for other purposes. our regulatory structure reflects that. INOUYE) was added as a cosponsor of S. S. 3610 With the growing interest in thorium nuclear power in the world and in the 3468, a bill to amend title XVIII of the At the request of Mr. MENENDEZ, the Social Security Act to continue the name of the Senator from Rhode Island United States, it is time we made sure our government has a regulatory infra- ability of hospitals to supply a needed (Mr. WHITEHOUSE) was added as a co- workforce of nurses and allied health sponsor of S. 3610, a bill to improve the structure in place to accommodate this professionals by preserving funding for accuracy of fur product labeling, and new generation of nuclear power. Clearly, we are introducing this leg- hospital operated nursing and allied for other purposes. health education programs. islation late in the 110th Congress. We S. 3643 hope to raise awareness of the bill and S. 3484 At the request of Mr. WHITEHOUSE, generate feedback from interested par- At the request of Mr. SPECTER, the his name was added as a cosponsor of ties. A number of governments name of the Senator from Arkansas S. 3643, a bill to enhance the capacity throughout the world are aggressively (Mrs. LINCOLN) was added as a cospon- of the United States to undertake glob- seeking to establish thorium nuclear sor of S. 3484, a bill to provide for a al development activities, and for power as an element of their power delay in the phase out of the hospice other purposes. supply. These governments want the budget neutrality adjustment factor S. 3656 benefits of nuclear power, without the under title XVIII of the Social Security At the request of Mr. SCHUMER, the difficulties associated with large vol- Act. names of the Senator from Connecticut umes of waste, much of which can be S. 3487 (Mr. DODD), the Senator from Rhode Is- turned to weapons grade material. Our At the request of Mr. CARDIN, his land (Mr. WHITEHOUSE), the Senator aim with this legislation is to ensure name was added as a cosponsor of S. from Michigan (Ms. STABENOW) and the that the United States does not fall be- 3487, a bill to amend the National and Senator from Ohio (Mr. BROWN) were hind the movement. I hope my col- Community Service Act of 1990 to ex- added as cosponsors of S. 3656, a bill to leagues will take a look at the poten- pand and improve opportunities for preserve access to healthcare under the tial for thorium power. service, and for other purposes. Medicare and Medicaid programs. S. 3517 By Mr. REID: f At the request of Mr. LEAHY, his S. 3681. A bill to designate the facil- name was added as a cosponsor of S. STATEMENTS ON INTRODUCED ity of the United States Postal Service 3517, a bill to amend the Employee Re- BILLS AND JOINT RESOLUTIONS located at 5070 Vegas Valley Drive in tirement Income Security Act of 1974 By Mr. HATCH (for himself and Las Vegas, Nevada, as the ‘‘Joseph A. Ryan Post Office Building’’; to the and the Public Health Service Act to Mr. REID): Committee on Homeland Security and provide parity under group health S. 3680. A bill to amend the Atomic Governmental Affairs. plans and group health insurance cov- Energy Act of 1954 to provide for tho- erage for the provision of benefits for Mr. REID. Mr. President, I rise today rium fuel cycle nuclear power genera- to recognize and honor Joseph A. Ryan, prosthetic devices and components and tion; to the Committee on Energy and benefits for other medical and surgical a former Postmaster from Las Vegas, Natural Resources. NV. I urge my colleagues to support services. Mr. HATCH. Mr. President, today I S. 3525 this legislation, which will designate rise to introduce the Thorium Energy the U.S. Post Office at 5070 Vegas Val- At the request of Mr. CARDIN, the Independence and Security Act of 2008, names of the Senator from Georgia ley Drive in Las Vegas, NV, in his together with my dear friend and col- name. (Mr. ISAKSON), the Senator from Ar- league Senator HARRY REID. This is a Joseph ‘‘Joe’’ Ryan was born in St. kansas (Mr. PRYOR) and the Senator simple bill that would establish offices Paul, Minnesota, on May 19, 1927. He from Mississippi (Mr. COCHRAN) were at the Nuclear Regulatory Commission attended the College of St. Thomas and added as cosponsors of S. 3525, a bill to and the Department of Energy to regu- the University of Minnesota, and went require the Secretary of the Treasury late domestic thorium nuclear power on to do post-graduate work at UCLA, to mint coins in commemoration of the generation and oversee possible dem- Duke University, and the Wharton bicentennial of the writing of the onstrations of thorium nuclear fuel as- School of the University of Pennsyl- ‘‘Star-Spangled Banner’’, and for other semblies. vania. During World War II, Mr. Ryan purposes. I am very much in favor of our Na- honorably served our country in the S. 3527 tion’s nuclear power industry. It is an United States Coast Guard, and he At the request of Mr. AKAKA, the industry that has successfully relied on later went on to work for Northwest name of the Senator from Arizona (Mr. mixed oxide uranium fuel for decades, Airlines before joining the United MCCAIN) was added as a cosponsor of S. and I foresee a long future for nuclear States Postal Service. Prior to serving 3527, a bill to amend title 38, United power. I am particularly excited about as the Postmaster for Las Vegas, Mr. States Code, to authorize advance ap- the potential of thorium nuclear power Ryan worked as the Postal Service’s propriations for certain medical care as a new source of nuclear power in the General Manager of Customer Pro- accounts of the Department of Vet- future. grams for the Western Region. erans Affairs by providing two-fiscal Thorium nuclear power has a number Mr. Ryan was appointed Postmaster year budget authority. of potential benefits over conventional of Las Vegas in May of 1983 and retired S. 3539 uranium. For one, it is much more in October of 1992. As Postmaster, Mr. At the request of Ms. COLLINS, the abundant in the world and in the Ryan was responsible for overseeing name of the Senator from Georgia (Mr. United States than uranium. Also, a the many post offices in the Las Vegas ISAKSON) was added as a cosponsor of S. thorium fuel rod would remain the re- valley. The 1980s and early 1990s was a 3539, a bill to require the Secretary of actor about three times as long as con- time of tremendous growth in southern the Treasury to mint coins in com- ventional nuclear fuel, thereby cutting Nevada, and under his leadership, eight memoration of the centennial of the the volume of spent nuclear fuel com- new post offices opened throughout the establishment of the Girl Scouts of the ing out of reactors by as much as two- community, including the stunning United States of America. thirds. Thorium nuclear fuel could also main facility on Sunset Road. During S. 3552 significantly reduce the possibility his tenure, Joe was known for his ex- At the request of Mr. LIEBERMAN, the that weapons grade material would re- ceptional dedication to customer serv- name of the Senator from Rhode Island sult from the process. Finally, a tho- ice and was greatly admired by the

VerDate Aug 31 2005 05:14 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.095 S02OCPT1 rfrederick on PROD1PC67 with SENATE October 2, 2008 CONGRESSIONAL RECORD — SENATE S10489 local Postal Service employees. His that loans to small businesses are be- loan guarantee program is fostering work as Las Vegas Postmaster was rec- coming more difficult to obtain. One the development of commercial scale ognized in 1988 by the Direct Marketing industry in particular, our clean en- innovative technologies for large com- Association, which awarded him the ergy sector, is working harder to find panies, while this legislation will de- National Postmaster of the Year startup funds in order to help meet the velop a corresponding small business Award. In 1991, I was happy to join my challenges of greenhouse gas emis- loan program. Loan guarantees will en- friend and colleague Senator Richard sions, energy costs to consumers, and able the Department of Energy to Bryan in honoring Postmaster Ryan our reliance on foreign oil. At a recent share some of the financial risks of with the U.S. Senate Productivity speech in Atlanta, author Tom Fried- projects that employ new or signifi- Award. man urged America to retake the lead cantly improved energy technologies Beyond his work with the Postal in the world through innovation in that will move our country towards en- Service, Mr. Ryan has been an active ‘‘ET’’—Energy Technology. Friedman ergy self-sufficiency. member of the Las Vegas community said the United States needs to ‘‘invent and has given his time and efforts to a source of abundant, cheap, clean, re- I hope that this legislation, coupled improve this fast-growing city. He liable electrons.’’ He compared the with the America Competes Act, which worked with the Nevada Development ‘‘ET’’ movement to the ‘‘IT’’, Informa- I cosponsored last year, will bring Authority, served on the board of the tion Technology, movement of the last about the research and entrepreneur- United Way of Southern Nevada, and decade. The author called on Wash- ship that our country requires to claim was a member of the Las Vegas Cham- ington to create the environment and the lead in producing energy efficient ber of Commerce Leadership Group. the incentives to allow the ET move- products. I look forward to working Joe and his wife Pamelia have been ment to prosper. with Chairman BINGAMAN of the En- married for over 50 years and have four As Ranking Member of the Small ergy Committee and Chairman KERRY children and three grandchildren. Mr. Business Committee, I have heard of the Small Business Committee and and Mrs. Ryan are especially proud countless stories of small business suc- my other colleagues to pass this legis- that all four of their children are col- cess and how the Small Business Ad- lation and create a strong commitment lege graduates. Joe Ryan has served ministration can facilitate the transi- to the energy innovators who possess the Postal Service admirably and has tion of a small business to a major the ideas that will facilitate the end to contributed greatly to our community, company. Nowhere is this role more our reliance on foreign oil. so it is fitting that the Congress recog- critical than in our renewable energy nize his hard work by naming a post of- sector. Businesses and families are f fice in his honor. struggling with the inordinate costs of Mr. President, I ask unanimous con- diesel, gasoline, electricity and home sent that the text of the bill be printed SUBMITTED RESOLUTIONS heating oil. Yet, we know that our in the RECORD. There being no ojbection, the text of country can do better. We must de- the bill was ordered to be printed in velop technologies that allow Ameri- cans to utilize clean energy from the RECORD, as follows: SENATE RESOLUTION 702—COM- America’s resources. Accordingly, my S. 3681 MENDING DAVID J. TINSLEY ON legislation would create a Director of Be it enacted by the Senate and House of Rep- HIS SERVICE TO THE UNITED resentatives of the United States of America in Energy Innovation in the Small Busi- STATES SENATE Congress assembled, ness Administration who is entrusted SECTION 1. JOSEPH A. RYAN POST OFFICE with coordinating energy innovation at Mr. REID (for himself and Mr. BUILDING. the SBA and ‘‘promoting energy inde- MCCONNELL) submitted the following (a) DESIGNATION.—The facility of the pendence.’’ resolution; which was considered and United States Postal Service located at 5070 In addition, the legislation provides agreed to: Vegas Valley Drive in Las Vegas, Nevada, grants of up to $200,000 for nonprofits shall be known and designated as the ‘‘Jo- S. RES. 702 seph A. Ryan Post Office Building’’. to assist small businesses that are de- Whereas Dave Tinsley, a native of the (b) REFERENCES.—Any reference in a law, veloping renewable energy systems, ad- map, regulation, document, paper, or other vanced energy efficiency systems, ad- Commonwealth of Virginia and graduate of record of the United States to the facility re- vanced transportation fuels, carbon Virginia Tech and the University of Mary- ferred to in subsection (a) shall be deemed to capture and sequestration practices, land, has worked in the Office of the Sec- retary of the Senate since October 1977; be a reference to the ‘‘Joseph A. Ryan Post advanced electrical generation, effi- Office Building’’. cient end-use energy technologies, pro- Whereas Dave Tinsley has served the Sen- duction facilities for fuel efficient vehi- ate with distinction as a staff assistant, a By Ms. SNOWE (for herself, Ms. reference assistant, as the assistant Execu- CANTWELL, and Mr. STEVENS): cles, and pollution control equipment. tive Clerk, assistant Journal Clerk and as- S. 3682. A bill to provide incentives to These critical initiatives require exper- sistant Legislative Clerk; tise that is, in many cases, difficult for small business concerns for innovative Whereas Dave Tinsley has, since 1999, energy-efficient technologies and prod- a small business to find. This provision served as the Senate’s Legislative Clerk and ucts, and for other purposes; to the will assist small businesses in bringing Director of Legislative Services, supervising Committee on Energy and Natural Re- products to market. 36 employees and has at all times discharged sources. The Small Business Energy Innova- his duties with dedication and diligence; Ms. SNOWE. Mr. President, I rise in tion Act creates in the Department of Whereas Dave Tinsley’s sonorous voice is support of the Small Business Energy Energy a grant program of up to known to all in the Senate and the C–SPAN Innovation Act, which I am intro- $250,000 for small businesses that are audience; ducing today to inspire Americans to working to improve our energy secu- Whereas Dave Tinsley has earned the re- invest in the technologies that will ul- rity. When you consider the potential spect and affection of the Senators, their timately solve our energy crisis. As our dividends of this investment, this crit- staffs and all of his colleagues for his calm country confronts the challenges of an ical seed money for energy innovators and kind demeanor and his good humor; and economic crisis it is essential that the who are leading our energy revolution Whereas Dave Tinsley now retires from the financial resources for our nation’s en- is a prudent investment. The potential Senate after 31 years to spend more time ergy entrepreneurs are sustained. This rewards to our economy, our environ- with his wife, Jane, and his children, Joe, legislation will provide technical as- ment, and our national security are Dan and Katie: Now, therefore, be it sistance and make financial resources well worth this modest government ex- Resolved, That the Senate expresses its ap- available to ensure that energy penditure. preciation to Dave Tinsley and commends innovators have greater access to cap- Finally, this legislation develops a him for his lengthy, faithful and outstanding ital to develop meritorious energy small business guaranteed loan pro- service to the Senate. ideas. gram that is modeled after the loan Resolved, That the Secretary of the Senate One of the truly concerning aspects guarantee program that was authorized shall transmit a copy of this resolution to of the current financial situation is in the 2005 Energy Bill. The current David J. Tinsley.

VerDate Aug 31 2005 05:14 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.088 S02OCPT1 rfrederick on PROD1PC67 with SENATE S10490 CONGRESSIONAL RECORD — SENATE October 2, 2008 SENATE RESOLUTION 703—DESIG- to increase awareness of methamphetamine compete in the Paralympic Games when she NATING NOVEMBER 2008 AS ‘‘NA- abuse; and swam in the women’s 100-meter butterfly, TIONAL METHAMPHETAMINE (2) encourages the people of the United 100-meter freestyle, and 400-meter freestyle; AWARENESS MONTH’’, TO IN- States and interested groups to observe Na- Whereas the people of the United States tional Methamphetamine Awareness Month stand united in respect and admiration for CREASE AWARENESS OF METH- with appropriate educational programs and the members of the United States Olympic AMPHETAMINE ABUSE outreach activities. and Paralympic Teams, and the Teams’ ath- Mr. BAUCUS (for himself, Mr. CRAPO, f letic accomplishments, sportsmanship, and Ms. CANTWELL, Mr. LEVIN, Mr. THUNE, dedication to excellence; SENATE RESOLUTION 704—CON- Mr. DURBIN, Mr. BINGAMAN, Mr. ROB- Whereas the many accomplishments of the ERTS, Mr. SMITH, Mr. OBAMA, Mr. NEL- GRATULATING THE MEMBERS OF United States Olympic and Paralympic Teams would not have been possible without SON of Nebraska, Mr. TESTER, Mr. THE UNITED STATES OLYMPIC AND PARALYMPIC TEAMS ON the hard work and dedication of many oth- GRASSLEY, Mr. COLEMAN, Mr. REID, Ms. ers, including the United States Olympic STABENOW, Mr. STEVENS, Mr. CRAIG, THEIR SUCCESS IN THE 2008 SUMMER OLYMPIC AND Committee and the many administrators, Mr. WYDEN, Mr. SALAZAR, Mrs. FEIN- coaches, and family members who provided STEIN, Mrs. LINCOLN, Mr. FEINGOLD, and PARALYMPIC GAMES AND SUP- critical support for the athletes: Mr. ENZI) submitted the following reso- PORTING THE SELECTION OF Whereas the Olympic movement celebrates lution; which was considered and CHICAGO, ILLINOIS, AS THE SITE competition, fair play, and the pursuit of agreed to: OF THE 2016 SUMMER OLYMPIC dreams; S. RES. 703 AND PARALYMPIC GAMES. Whereas the United States and, in par- ticular, the city of Chicago, Illinois, cele- Mr. REID (for himself, Mr. DURBIN, Whereas methamphetamine, an easily brate those same ideals; and manufactured drug of the amphetamine Mrs. MURRAY, and Mr. OBAMA) sub- Whereas Chicago has never hosted the group, is a powerful and addictive central mitted the following resolution; which Olympic and Paralympic Games: Now, there- nervous system stimulant with long-lasting was considered and agreed to: fore, be it effects; S. RES. 704 Resolved, That the Senate— Whereas the National Association of Coun- (1) extends congratulations for a job well ties reported in 2007 that methamphetamine Whereas the 2008 Summer Olympic Games done to all members of the United States is the number 1 illegal drug problem for 47 were conducted in Beijing, China, from Au- Olympic and Paralympic Teams and to ev- percent of the counties in the United States, gust 8 to August 24, 2008; eryone who supported the Teams’ efforts at a higher percentage than that of any other Whereas 10,500 athletes from 204 countries the 2008 Summer Olympic and Paralympic drug; participated in 302 events in 28 sports and in- Whereas 4 out of 5 county sheriffs report spired people around the world with their Games; and that, while local methamphetamine produc- dedication, discipline, athletic achievement, (2) encourages the International Olympic tion is down, methamphetamine abuse is not and spirit of fair play, representing the best Committee to choose Chicago, Illinois, as (the National Association of Counties found traditions of Olympic competition; the site of the 2016 Summer Olympic and Paralympic Games and offers support and co- that 1⁄2 of the Nation’s sheriffs report abuse Whereas 596 men and women represented of the drug has stayed the same and nearly the United States in the 2008 Summer Olym- operation in ensuring successful Olympic and Paralympic Games in Chicago in 2016. 1⁄3 say that it has increased); pic Games as members of the United States Whereas the highest rates of methamphet- Olympic Team; f amine use among all ethnic groups occur Whereas those United States Olympians within Native American communities; competed in 27 sports and continued the SENATE RESOLUTION 705—EX- Whereas the consequence of methamphet- great legacy of athleticism and sportsman- PRESSING THE SENSE OF THE amine use by many young adults in the Na- ship that has characterized the history of SENATE ON THE COMMITMENT tive American community has been death, United States Olympic competition; OF THE UNITED STATES TO THE including methamphetamine-related sui- Whereas, in the 2008 Summer Olympic PRESERVATION OF RELIGIOUS cides; Games, the United States sustained and in- AND CULTURAL SITES AND CON- Whereas sheriffs report increases in crime creased its clear dominance as the most suc- DEMNING INSTANCES IN WHICH cessful country in the history of the Olympic directly related to the presence of meth- SUCH SITES ARE DESECRATED amphetamine in their communities; Games; Whereas most illegal methamphetamine Whereas athletes from the United States Mr. BROWNBACK (for himself, Mr. available in the United States is produced in won more medals in the 2008 Summer Olym- LEVIN, and Mr. VOINOVICH) submitted large clandestine laboratories in Mexico and pic Games than athletes from any other the following resolution; which was smuggled into this country; country; considered and agreed to: Whereas methamphetamine labs are costly Whereas swimmer Michael Phelps of Mary- to clean up in that every pound of meth- land earned recognition as one of the great- S. RES. 705 amphetamine produced can yield up to 5 est athletes of all time by winning an ex- Whereas the Senate is committed to pro- pounds of toxic waste, representing a public traordinary 8 gold medals in the 2008 Sum- tecting and preserving the cultural heritage danger to adults and children; mer Olympic Games to surpass the previous of all national, religious, and ethnic groups, Whereas the profile of methamphetamine single-year record of 7 Olympic gold medals including cemeteries and other sacred sites users is changing, as 3⁄5 of the Nation’s sher- by Mark Spitz, also a swimmer from the of those groups in the United States and iffs report increased methamphetamine use United States; abroad; by women and 1⁄2 of the Nation’s sheriffs re- Whereas Michael Phelps now also holds the Whereas the Holocaust annihilated much port increased use by teens; record for the most Olympic gold medals of the Jewish population of Europe, and in Whereas, in surveys on the abuse of meth- ever won by a single athlete, with a remark- many countries in Europe, no Jewish people amphetamine among teens, many of the re- able 14 gold medals; were left to care for the communal prop- spondents said that the drug was easy to get Whereas, in the 2008 Summer Olympic erties that represent a historic culture in the and believed there is little risk in trying it; Games, the United States demonstrated its area and constitute an integral part of the Whereas other National Association of continued preeminence in team sports, with Jewish religion; Counties surveys have shown that meth- the men’s and women’s basketball teams, the Whereas the Holocaust and 45 years of amphetamine also places significant burdens men’s volleyball team, the women’s soccer atheistic, Communist governments in East- on local social service and health care re- team, and the men’s and women’s 4x400- ern Europe created a critical need that led to sources, increasing out-of-home placements meter relay teams winning gold medals; the establishment of the United States Com- for children, sending more people to public Whereas more than 200 athletes from the mission for the Preservation of America’s hospital emergency rooms than any other United States competed in 18 sports on be- Heritage Abroad under section 1303 of the drug, and producing an ever-growing need for half of the United States in the 2008 Summer International Security and Development Co- methamphetamine treatment programs; and Paralympic Games in Beijing, China, from operation Act of 1985 (16 U.S.C. 469j); Whereas the establishment of a National September 6 to September 17, 2008; Whereas the United States Commission for Methamphetamine Awareness month would Whereas the United States Paralympic the Preservation of America’s Heritage increase awareness of methamphetamine and Team earned 99 medals, including 36 gold Abroad is tasked with identifying and re- educate the public on effective ways to help medals, reminding the world that physical porting on cemeteries, monuments, and his- prevent methamphetamine use at the Fed- challenges are no limit to human achieve- toric buildings in Eastern and Central Eu- eral, State, and local levels: Now, therefore, ment; rope that are associated with the heritage of be it Whereas United States Army First Lieu- United States citizens and obtaining assur- Resolved, That the Senate— tenant Melissa Stockwell, who lost her left ances from the governments in those regions (1) designates November 2008 as ‘‘Na- leg to a roadside bomb in Baghdad in 2004, that those properties will be protected and tional Methamphetamine Awareness Month’’ became the first veteran of the war in Iraq to preserved;

VerDate Aug 31 2005 05:14 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.098 S02OCPT1 rfrederick on PROD1PC67 with SENATE October 2, 2008 CONGRESSIONAL RECORD — SENATE S10491 Whereas many of those properties continue heritage of the Jewish people, should not be SEC. 3. REPORT. to be endangered and governments and com- further desecrated; (a) IN GENERAL.—The Secretary of Health munities continue to face fundamental and (2) urges the Government of Lithuania to and Human Services shall request that the compelling challenges in the preservation of take all the necessary steps to immediately Executive Director of the Organ Procure- those properties; stop and, if necessary, reverse, construction ment and Transplantation Network submit Whereas experts within Lithuania and on that cemetery; to Congress, not later than 1 year after the from around the world believe that the ceme- (3) reaffirms that constructive bilateral re- date of enactment of this Act, a report that tery located in the Snipiskes area of Vilnius, lations between Lithuania and the United shall include— Lithuania, is an historic Jewish cemetery States are important to the Governments (1) the identity of transplant programs and is sacred ground; and citizens of both countries; and that have become inactive or have closed Whereas, in 2005, municipal authorities in (4) expresses strong support for the work of since the heart allocation policy change of Vilnius, Lithuania, approved the construc- the United States Commission for the Pres- 2006; tion of an apartment building at the outer ervation of America’s Heritage Abroad and (2) the distance to the next closest oper- edge of that Jewish cemetery; for the European countries that continue to ational heart transplant center from such in- Whereas that cemetery dates to the 15th work to preserve sacred historical sites, de- activated or closed programs and an evalua- century and is known by scholars in Lith- spite ongoing challenges. tion of whether or not access to care has uania and around the world as the first Jew- f been reduced to the population previously ish cemetery in Vilnius; serviced by such inactive or closed program; Whereas it is believed that, before the Gov- AMENDMENTS SUBMITTED AND (3) the number of patients with rural zip ernment closed the cemetery in the early PROPOSED codes that received transplants after the 1800s, more than 50,000 Jews were buried heart allocation policy change of 2006 as there; SA 5692. Mr. LEVIN (for Mr. REID) proposed compared with the number of such patients Whereas, in December 2006, several months an amendment to the concurrent resolution that received such transplants prior to such after experts and groups from around the H. Con. Res. 440, providing for an adjourn- heart allocation policy change; world expressed grave concern about the ment or recess of the two Houses. (4) a comparison of the number of trans- desecration of the Snipiskes cemetery, the SA 5693. Mr. NELSON, of Nebraska (for Mr. plants performed, the mortality rate for in- Prime Minister of Lithuania established a DORGAN) proposed an amendment to the bill dividuals on the transplant waiting lists, and working group to define the cemetery’s bor- H.R. 6469, to amend the Public Health Serv- the post-transplant survival rate nationally ders and to consider how to memorialize it; ice Act to authorize increased Federal fund- and by region prior to and after the heart al- Whereas, in 2007, before the conclusion of ing for the Organ Procurement and Trans- location policy change of 2006; and the working group, authorities of the Gov- plantation Network. (5) specifically with respect to ernment of Lithuania approved additional SA 5694. Mr. NELSON, of Nebraska (for allosensitized patients, a comparison of the construction on the disputed ground; Mrs. LINCOLN) proposed an amendment to the number of heart transplants performed, the Whereas, in May 2007, the working group, resolution S. Res. 616, reducing maternal mortality rate for individuals on the heart consisting of historians, scientists, and rab- mortality both at home and abroad. transplant waiting lists, and the post heart bis from Lithuania and around the world, SA 5695. Mr. LEVIN (for Mr. REID (for him- transplant survival rate nationally and by called for a halt in construction activity self, Mr. BAUCUS, and Mr. GRASSLEY)) sub- region prior to and after the heart allocation until completion of a site study to be under- mitted an amendment intended to be pro- policy change of 2006. taken using ground-penetrating radar; posed by Mr. LEVIN to the bill H.R. 7222, to (b) LIMITATION ON FUNDING.—The increase Whereas, on September 3, 2008, a group extend the Andean Trade Preference Act, provided for in the amendment made by sec- commissioned by the Government of Lith- and for other purposes. tion 2 shall not apply with respect to con- uania to study the area using the ground- f tracts entered into under section 372(a) of penetrating radar concluded that the bound- the Public Health Service Act (42 U.S.C. aries of the cemetery included the disputed TEXT OF AMENDMENTS 274(a)) after the date that is 1 year after the apartment buildings; SA 5692. Mr. LEVIN (for Mr. REID) date of enactment of this Act if the Execu- Whereas the Ministry of Culture of Lith- proposed an amendment to the concur- tive Director of the Organ Procurement and uania released a statement dismissing the rent resolution H. Con. Res. 440, pro- Transplantation Network fails to submit the study as inconclusive; report under subsection (a). Whereas the fact that the Government of viding for an adjournment or recess of Lithuania has allowed construction to take the two Houses; as follows: SA 5694. Mr. NELSON of Nebraska place at the Jewish cemetery located in the On page 1, line 3, strike ‘‘from Monday, (for Mrs. LINCOLN) proposed an amend- Snipiskes area of Vilnius, Lithuania, and September 29, 2008, through Friday, October ment to the resolution S. Res. 616, re- that desecration of sacred sites continues 3, 2008,’’ ducing maternal mortality both at On page 2, line 2, strike ‘‘that’’ and all that into the 21st century, is an affront to the home and abroad; as follows: international Jewish community, the people follows through line 9 and insert: of the United States, and everyone who val- ‘‘the Senate may adjourn or recess at any On page 3, line 4, strike ‘‘greater’’ and in- ues religious freedom and ethnic diversity time from Thursday, October 2, 2008, through sert ‘‘more effective’’. around the world; January 3, 2009, on a motion offered pursuant On page 3, lines 6 and 7, strike ‘‘maternal Whereas the United States and Lithuania to this concurrent resolution by its Majority health as a human right’’ and insert ‘‘that signed the Agreement on the Protection and Leader or his designee until such time as the right to access quality and affordable Preservation of Certain Cultural Properties specified in that motion, but not beyond health care is essential to improving mater- on October 15, 2002; noon on January 3, 2009, and it may reassem- nal health’’. Whereas Article 1 of the Agreement states, ble pursuant to section 2 of this concurrent ‘‘Each Party will take appropriate steps to resolution.’’ SA 5695. Mr. LEVIN (for Mr. REID (for protect and preserve the cultural heritage of On page 2, line 15, strike ‘‘time’’ and insert himself, Mr. BAUCUS, and Mr. GRASS- all national, religious or ethnic groups . . . ‘‘respective time’’. LEY)) submitted an amendment in- who reside or resided in its territory and tended to be proposed by Mr. LEVIN to were victims of genocide in its territory dur- SA 5693. Mr. NELSON of Nebraska the bill H.R. 7222, to extend the Andean ing the Second World War. The term ‘cul- (for Mr. DORGAN) proposed an amend- tural heritage’ for purposes of this Agree- Trade Preference Act, and for other ment to the bill H.R. 6469, to amend the purposes; as follows: ment means . . . cemeteries and memorials Public Health Service Act to authorize to the dead. . .’’; increased Federal funding for the Strike all after the enacting clause and in- Whereas cemeteries are sacred sites and sert the following: Organ Procurement and Transplan- are established to remain undisturbed in per- SECTION 1. EXTENSION OF ANDEAN TRADE petuity, and the sanctity of a cemetery is de- tation Network; as follows: PREFERENCE ACT. termined by the bodies buried in the ceme- Strike all after the enacting clause and in- (a) EXTENSION.—Section 208 of the Andean tery; and sert the following: Trade Preference Act (19 U.S.C. 3206) is Whereas, while vandalism of headstones or SECTION 1. SHORT TITLE. amended to read as follows: construction of a commercial building on the This Act may be cited as the ‘‘Stephanie ‘‘SEC. 208. TERMINATION OF PREFERENTIAL site disgraces the cemetery, it does not Tubbs Jones Organ Transplant Authoriza- TREATMENT. change its sacred status: Now, therefore, be tion Act of 2008’’. ‘‘(a) IN GENERAL.—No duty-free treatment it SEC. 2. INCREASED FUNDING FOR THE ORGAN or other preferential treatment extended to Resolved, That the Senate— PROCUREMENT AND TRANSPLAN- beneficiary countries under this title shall— (1) expresses strongly to the Government TATION NETWORK. ‘‘(1) remain in effect with respect to Co- of Lithuania that the cemetery located in Section 372(a) of the Public Health Service lombia or Peru after December 31, 2009; the Snipiskes area of Vilnius, Lithuania, Act (42 U.S.C. 274(a)) is amended by striking ‘‘(2) remain in effect with respect to Ecua- which is an important part of the cultural ‘‘$2,000,000’’ and inserting ‘‘$7,000,000’’. dor after June 30, 2009, except that duty-free

VerDate Aug 31 2005 06:33 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.116 S02OCPT1 rfrederick on PROD1PC67 with SENATE S10492 CONGRESSIONAL RECORD — SENATE October 2, 2008 treatment and other preferential treatment square meter equivalents under paragraph ‘‘(2) the term ‘eligible apparel articles’ under this title shall remain in effect with (1), the conversion factors listed in ‘Correla- means the following articles classified in respect to Ecuador during the period begin- tion: U.S. Textile and Apparel Industry Cat- chapter 62 of the HTS (and meeting the re- ning on July 1, 2009, and ending on December egory System with the Harmonized Tariff quirements of the rules relating to chapter 31, 2009, unless the President reviews the cri- Schedule of the United States of America, 62 of the HTS contained in general note 29(n) teria set forth in section 203, and on or be- 2008’, or its successor publications, of the of the HTS) of cotton (but not of denim): fore June 30, 2009, reports to the Committee United States Department of Commerce, trousers, bib and brace overalls, breeches and on Finance of the Senate and the Committee shall apply. shorts, skirts and divided skirts, and pants; on Ways and Means of the House of Rep- ‘‘(b) EARNED IMPORT ALLOWANCE PRO- ‘‘(3) the term ‘eligible country’ means the resentatives pursuant to subsection (b) GRAM.— Dominican Republic; and that— ‘‘(1) ESTABLISHMENT.—The Secretary of ‘‘(4) the term ‘qualifying fabric’ means ‘‘(A) the President has determined that Ec- Commerce shall establish a program to pro- woven fabric of cotton wholly formed in the uador does not satisfy the requirements set vide earned import allowance certificates to United States from yarns wholly formed in forth in section 203(c) for being designated as any producer or entity controlling produc- the United States and certified by the pro- a beneficiary country; and tion of eligible apparel articles in an eligible ducer or entity controlling production as ‘‘(B) in making that determination, the country for purposes of subsection (a), based being suitable for use in the manufacture of President has taken into account each of the on the elements described in paragraph (2). apparel items such as trousers, bib and brace factors set forth in section 203(d); and ‘‘(2) ELEMENTS.—The elements referred to overalls, breeches and shorts, skirts and di- ‘‘(3) remain in effect with respect to Bo- in paragraph (1) are the following: vided skirts or pants, all the foregoing of livia after June 30, 2009, except that duty- ‘‘(A) One credit shall be issued to a pro- cotton, except that— free treatment and other preferential treat- ducer or an entity controlling production for ‘‘(A) fabric otherwise eligible as qualifying ment under this title shall remain in effect every two square meter equivalents of quali- fabric shall not be ineligible as qualifying with respect to Bolivia during the period be- fying fabric that the producer or entity con- fabric because the fabric contains nylon fila- ginning on July 1, 2009, and ending on De- trolling production can demonstrate that it ment yarn with respect to which section cember 31, 2009, only if the President reviews has purchased for the manufacture in an eli- 213(b)(2)(A)(vii)(IV) of the Caribbean Basin the criteria set forth in section 203, and on or gible country of articles like or similar to Economic Recovery Act applies; before June 30, 2009, reports to the Com- any article eligible for preferential treat- ‘‘(B) fabric that would otherwise be ineli- ment under subsection (a). The Secretary of mittee on Finance of the Senate and the gible as qualifying fabric because the fabric Commerce shall, if requested by a producer Committee on Ways and Means of the House contains yarns not wholly formed in the or entity controlling production, create and of Representatives pursuant to subsection (b) United States shall not be ineligible as maintain an account for such producer or en- that— qualifying fabric if the total weight of all tity controlling production, into which such ‘‘(A) the President has determined that Bo- such yarns is not more than 10 percent of the credits may be deposited. livia satisfies the requirements set forth in total weight of the fabric, except that any ‘‘(B) Such producer or entity controlling section 203(c) for being designated as a bene- elastomeric yarn contained in an eligible ap- production may redeem credits issued under ficiary country; and parel article must be wholly formed in the subparagraph (A) for earned import allow- ‘‘(B) in making that determination, the United States; and ance certificates reflecting such number of President has taken into account each of the ‘‘(C) fabric otherwise eligible as qualifying factors set forth in section 203(d). earned credits as the producer or entity may request and has available. fabric shall not be ineligible as qualifying ‘‘(b) REPORTS.—On or before June 30, 2009, fabric because the fabric contains yarns or the President shall make determinations ‘‘(C) Any textile mill or other entity lo- cated in the United States that exports fibers that have been designated as not com- pursuant to subsections (a)(2)(A) and mercially available pursuant to— (a)(3)(A) and report to the Committee on Fi- qualifying fabric to an eligible country may submit, upon such export or upon request, ‘‘(i) article 3.25(4) or Annex 3.25 of the nance of the Senate and the Committee on Agreement; Ways and Means of the House of Representa- the Shipper’s Export Declaration, or suc- ‘‘(ii) Annex 401 of the North American Free tives on— cessor documentation, to the Secretary of Trade Agreement; ‘‘(1) such determinations; and Commerce— ‘‘(iii) section 112(b)(5) of the African ‘‘(2) the reasons for such determinations.’’. ‘‘(i) verifying that the qualifying fabric Growth and Opportunity Act; (b) TREATMENT OF CERTAIN APPAREL ARTI- was exported to a producer or entity control- ‘‘(iv) section 204(b)(3)(B)(i)(III) or (ii) of the CLES.—Section 204(b)(3) of such Act (19 U.S.C. ling production in an eligible country; and 3203(b)(3)) is amended— ‘‘(ii) identifying such producer or entity Andean Trade Preference Act; (1) in subparagraph (B)— controlling production, and the quantity and ‘‘(v) section 213(b)(2)(A)(v) or 213A(b)(5)(A) (A) in clause (iii)— description of qualifying fabric exported to of the Caribbean Basin Economic Recovery (i) in subclause (II), by striking ‘‘6 suc- such producer or entity controlling produc- Act; or ceeding 1-year periods’’ and inserting ‘‘7 suc- tion. ‘‘(vi) any other provision, relating to deter- ceeding 1-year periods’’; and ‘‘(D) The Secretary of Commerce may re- mining whether a textile or apparel article is (ii) in subclause (III)(bb), by striking ‘‘and quire that a producer or entity controlling an originating good eligible for preferential for the succeeding 1-year period’’ and insert- production submit documentation to verify treatment, of a law that implements a free ing ‘‘and for the succeeding 2-year period’’; purchases of qualifying fabric. trade agreement entered into by the United and ‘‘(E) The Secretary of Commerce may States that is in effect at the time the claim (B) in clause (v)(II), by striking ‘‘5 suc- make available to each person or entity for preferential treatment is made. ceeding 1-year periods’’ and inserting ‘‘6 suc- identified in the documentation submitted ‘‘(d) REVIEW AND REPORT.— ceeding 1-year periods’’; and under subparagraph (C) or (D) information ‘‘(1) REVIEW.—The United States Inter- (2) in subparagraph (E)(ii)(II), by striking contained in such documentation that re- national Trade Commission shall carry out a ‘‘December 31, 2008’’ and inserting ‘‘Decem- lates to the purchase of qualifying fabric in- review of the program under this section an- ber 31, 2009’’. volving such person or entity. nually for the purpose of evaluating the ef- SEC. 2. EARNED IMPORT ALLOWANCE PROGRAM. ‘‘(F) The program shall be established so as fectiveness of, and making recommendations (a) IN GENERAL.—Title IV of the Dominican to allow, to the extent feasible, the submis- for improvements in, the program. Republic-Central America-United States sion, storage, retrieval, and disclosure of in- ‘‘(2) REPORT.—The United States Inter- Free Trade Agreement Implementation Act formation in electronic format, including in- national Trade Commission shall submit to (Public Law 109–53; 119 Stat. 495) is amended formation with respect to the earned import the appropriate congressional committees by adding at the end the following: allowance certificates required under sub- annually a report on the results of the re- ‘‘SEC. 404. EARNED IMPORT ALLOWANCE PRO- section (a)(1). view carried out under paragraph (1). GRAM. ‘‘(G) The Secretary of Commerce may rec- ‘‘(e) EFFECTIVE DATE AND APPLICABILITY.— ‘‘(a) PREFERENTIAL TREATMENT.— oncile discrepancies in the information pro- ‘‘(1) EFFECTIVE DATE.—The program under ‘‘(1) IN GENERAL.—Eligible apparel articles vided under subparagraph (C) or (D) and this section shall be in effect for the 10-year wholly assembled in an eligible country and verify the accuracy of such information. period beginning on the date on which the imported directly from an eligible country ‘‘(H) The Secretary of Commerce shall es- President certifies to the appropriate con- shall enter the United States free of duty, tablish procedures to carry out the program gressional committees that sections A, B, C, without regard to the source of the fabric or under this section by September 30, 2008, and and D of the Annex to Presidential Procla- yarns from which the articles are made, if may establish additional requirements to mation 8213 (December 20, 2007) have taken such apparel articles are accompanied by an carry out the program. effect. earned import allowance certificate that re- ‘‘(c) DEFINITIONS.—For purposes of this sec- ‘‘(2) APPLICABILITY.—The program under flects the amount of credits equal to the tion— this section shall apply with respect to total square meter equivalents of fabric in ‘‘(1) the term ‘appropriate congressional qualifying fabric exported to an eligible such apparel articles, in accordance with the committees’ means the Committee on Ways country on or after August 1, 2007.’’. program established under subsection (b). and Means of the House of Representatives ‘‘(2) DETERMINATION OF QUANTITY OF SME.— and the Committee on Finance of the Sen- (b) CLERICAL AMENDMENT.—The table of For purposes of determining the quantity of ate; contents for the Dominican Republic-Central

VerDate Aug 31 2005 05:14 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.102 S02OCPT1 rfrederick on PROD1PC67 with SENATE October 2, 2008 CONGRESSIONAL RECORD — SENATE S10493 America-United States Free Trade Agree- (d) CLERICAL AMENDMENT.—Section on the Arts: PN2102 JoAnn Falletta and ment Implementation Act is amended by in- 6002(a)(2)(B) of Public Law 109–432 is amended PN2103 Lee Greenwood; that the Fi- serting after the item relating to section 403 by striking ‘‘(B) by striking’’ and inserting nance Committee be discharged of the following: ‘‘(B) in paragraph (3), by striking’’. PN2017, Edwin Eck, Internal Revenue ‘‘Sec. 404. Earned import allowance pro- SEC. 4. GENERALIZED SYSTEM OF PREFERENCES. gram.’’. Service Oversight Board; that the For- Section 505 of the Trade Act of 1974 (19 eign Relations Committee be dis- SEC. 3. AFRICAN GROWTH AND OPPORTUNITY U.S.C. 2465) is amended by striking ‘‘Decem- ACT. ber 31, 2008’’ and inserting ‘‘December 31, charged of the following: to serve as a (a) IN GENERAL.—Section 112 of the African 2009’’. U.S. Representative to the U.N. Gen- Growth and Opportunity Act (19 U.S.C. 3721) SEC. 5. CUSTOMS USER FEES. eral Assembly: PN2055 Anthony H. is amended— (a) IN GENERAL.—Section 13031(j)(3) of the Gioia and PN2056 Karen Elliott House; (1) in subsection (b)(6)(A), by striking PN1751 James Franklin Jeffrey to be ‘‘ethic’’ in the second sentence and inserting Consolidated Omnibus Budget Reconciliation ‘‘ethnic’’; and Act of 1985 (19 U.S.C. 58c(j)(3)) is amended— Career Member of the Senior Foreign (2) in subsection (c)— (1) in subparagraph (A), by striking ‘‘No- Service; for various foreign service offi- (A) in paragraph (1), by striking ‘‘, and sub- vember 14, 2017’’ and inserting ‘‘February 14, cers, consular officers and career mem- ject to paragraph (2),’’; 2018’’; and bers of the senior foreign service: (B) by striking paragraphs (2) and (3); (2) in subparagraph (B)(i), by striking ‘‘Oc- PN1991, PN1998, PN1999 and PN2000; (C) in paragraph (4)— tober 7, 2017’’ and inserting ‘‘January 31, 2018’’. that the Judiciary Committee be dis- (i) by striking ‘‘Subsection (b)(3)(C)’’ and charged of PN1703 Dennis Michael inserting ‘‘Subsection (b)(3)(B)’’; and (b) REPEAL.—Section 15201 of the Food, (ii) by redesignating such paragraph (4) as Conservation, and Energy Act of 2008 (Public Klein; that the Senate proceed to their paragraph (2); and Law 110–246) is amended by striking sub- consideration, en bloc; that the nomi- (D) by striking paragraph (5) and inserting sections (c) and (d). nations be confirmed, en bloc; the mo- the following: SEC. 6. TIME FOR PAYMENT OF CORPORATE ESTI- tions to reconsider be laid upon the ‘‘(3) DEFINITION.—In this subsection, the MATED TAXES. table, en bloc; that no further motions term ‘lesser developed beneficiary sub-Saha- The percentage under subparagraph (C) of be in order; and that any statements ran African country’ means— section 401(1) of the Tax Increase Prevention relating to the nominations be printed ‘‘(A) a beneficiary sub-Saharan African and Reconciliation Act of 2005 in effect on country that had a per capita gross national the date of the enactment of this Act is in- in the Record; provided further that product of less than $1,500 in 1998, as meas- creased by 2 percentage points. the President be immediately notified ured by the International Bank for Recon- SEC. 7. TECHNICAL CORRECTIONS. of the Senate’s action and the Senate struction and Development; Section 15402 of the Food, Conservation, return to legislative session. ‘‘(B) Botswana; and Energy Act of 2008 (Public Law 110–246) The PRESIDING OFFICER. Without ‘‘(C) Namibia; and is amended— objection, it is so ordered. ‘‘(D) Mauritius.’’. (1) in subsections (a) and (b), by striking The nominations considered and con- (b) APPLICABILITY.—The amendments made ‘‘Carribean’’ each place it appears and insert- firmed en bloc are as follows: by subsection (a) apply to goods entered, or ing ‘‘Caribbean’’; and withdrawn from warehouse for consumption, DEPARTMENT OF VETERANS AFFAIRS (2) in subsection (d), by striking ‘‘231A(b)’’ Christine O. Hill, of Georgia, to be an As- on or after the 15th day after the date of the and inserting ‘‘213A(b)’’. enactment of this Act. sistant Secretary of Veterans Affairs (Con- (c) REVIEW AND REPORTS.— f gressional Affairs). (1) ITC REVIEW AND REPORT.— DEPARTMENT OF STATE EXECUTIVE SESSION (A) REVIEW.—The United States Inter- Matthew A. Reynolds, of Massachusetts, to national Trade Commission shall conduct a be an Assistant Secretary of State (Legisla- review to identify yarns, fabrics, and other tive Affairs). textile and apparel inputs that through new EXECUTIVE CALENDAR Brian H. Hook, of Iowa, to be an Assistant or increased investment or other measures Mr. REID. Mr. President, I ask unan- Secretary of State (International Organiza- can be produced competitively in beneficiary tion Affairs). sub-Saharan African countries. imous consent that the Senate proceed C. Steven McGann, of New York, a Career (B) REPORT.—Not later than 7 months after to executive session to consider Cal- Member of the Senior Foreign Service, Class the date of the enactment of this Act, the endar Nos. 695, 758, 759, 762, 763, 764, 767 of Counselor, to be Ambassador Extraor- United States International Trade Commis- to and including 770, 776, 777, 778, 785, dinary and Plenipotentiary of the United sion shall submit to the appropriate congres- 786, 787, 788, 789, 790 to and including States of America to the Republic of the Fiji sional committees and the Comptroller Gen- 804, 807 to and including 812, all nomi- Islands, and to serve concurrently and with- eral a report on the results of the review car- nations on the Secretary’s Desk in the out additional compensation as Ambassador ried out under subparagraph (A). Air Force, Army, Coast Guard, and Extraordinary and Plenipotentiary of the (2) GAO REPORT.—Not later than 90 days United States of America to the Republic of after the submission of the report under Navy; that the Commerce Committee Nauru, the Kingdom of Tonga, Tuvalu, and paragraph (1)(B), the Comptroller General be discharged of PN2090, Coast Guard the Republic of Kiribati. shall submit to the appropriate congres- promotions; that the HELP Committee Carol Ann Rodley, of Virginia, a Career sional committees a report that, based on be discharged of the following: for Member of the Senior Foreign Service, Class the results of the report submitted under membership on the Federal Mine Safe- of Minister-Counselor, to be Ambassador Ex- paragraph (1)(B) and other available infor- ty and Health Review Commission: traordinary and Plenipotentiary of the mation, contains recommendations for PN1828, Mary Lucille Jordan, and United States of America to the Kingdom of changes to United States trade preference Cambodia. programs, including the African Growth and PN1976 Michael Young; for membership Sung Y. Kim, of California, a Foreign Serv- Opportunity Act (19 U.S.C. 3701 et seq.) and on the National Council on Disability: ice Officer of Class One, for the rank of Am- the amendments made by that Act, to pro- PN1503 Katherine O. McCary; PN1509 bassador during his tenure of service as Spe- vide incentives to increase investment and Chad Colley; PN1510 Victoria Ray Carl- cial Envoy for the Six Party Talks. other measures necessary to improve the son; PN1511 Tony J. Williams; PN1512 DEPARTMENT OF VETERANS AFFAIRS competitiveness of beneficiary sub-Saharan John R. Vaughn; PN1761 Marlyn An- Patrick W. Dunne, of New York, to be African countries in the production of yarns, drea Howe; PN1762 Lonnie C. Moore; Under Secretary for Benefits of the Depart- fabrics, and other textile and apparel inputs PN1763 Heather McCallum; for mem- ment of Veterans Affairs. identified in the report submitted under FEDERAL LABOR RELATIONS AUTHORITY paragraph (1)(B), including changes to re- bership on the Board of Trustees of the quirements relating to rules of origin under James Madison Memorial Fellowship Carol Waller Pope, of the District of Co- such programs. Foundation: PN1687 John J. Faso; lumbia, to be a Member of the Federal Labor (3) DEFINITIONS.—In this subsection— PN1688 Joe Manchin III; PN1689 Harvey Relations Authority for a term expiring July (A) the term ‘‘appropriate congressional M. Tettlebaum; for membership on the 1, 2009 (Reappointment), to which position committees’’ means the Committee on Ways Board of Trustees of the Harry S. Tru- she was appointed during the last recess of and Means of the House of Representatives the Senate. man Scholarship Foundation: PN1977 Thomas M. Beck, of Virginia, to be a Mem- and the Committee on Finance of the Sen- Dave Heineman; for membership on the ate; and ber of the Federal Labor Relations Authority (B) the term ‘‘beneficiary sub-Saharan Af- National Science Board, National for a term of five years expiring July 1, 2010. rican countries’’ has the meaning given the Science Foundation: PN2023 Esin POSTAL REGULATORY COMMISSION term in section 506A(c) of the Trade Act of Gulari; PN2025 Diane Souvaine; for Ruth Y. Goldway, of California, to be a 1974 (19 U.S.C. 2466a(c)). membership on the National Council Commissioner of the Postal Regulatory

VerDate Aug 31 2005 05:14 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.102 S02OCPT1 rfrederick on PROD1PC67 with SENATE S10494 CONGRESSIONAL RECORD — SENATE October 2, 2008 Commission for the term expiring November indicated while assigned to a position of im- To be vice admiral 22, 2014. (Reappointment) portance and responsibility under title 10, Rear Adm. Alan S. Thompson U.S.C., section 601: DEPARTMENT OF JUSTICE IN THE ARMY To be general Gregory G. Garre, of Maryland, to be Solic- The following named officer for appoint- itor General of the United States, vice Paul Gen. David D. McKiernan ment in the Reserve of the Army to the D. Clement, resigned. The following named officer for appoint- grade indicated under title 10, U.S.C., section George W. Venables, of California, to be ment in the United States Army to the grade 12203: United States Marshal for the Southern Dis- indicated while assigned to a position of im- To be brigadier general trict of California for the term of four years. portance and responsibility under title 10, Col. Karlynn P. O’Shaughnessy A. Brian Albritton, of Florida, to be United U.S.C., section 601: States Attorney for the Middle District of The following named officer for appoint- To be lieutenant general Florida for the term of four years. ment in the United States Army to the grade ELECTION ASSISTANCE COMMISSION Lt. Gen. William G. Webster, Jr. indicated while assigned to a position of im- Gracia M. Hillman, of the District of Co- The following named officers for appoint- portance and responsibility under title 10, lumbia, to be a Member of the Election As- ment in the United States Army to the grade U.S.C., section 601: sistance Commission for a term expiring De- indicated under title 10, U.S.C., section 624: To be lieutenant general cember 12, 2009. (Reappointment) To be major general Maj. Gen. Carroll F. Pollett Donetta Davidson, of Colorado, to be a Brigadier General Daniel B. Allyn David H. Pryor, of Arkansas, to be a Mem- Member of the Election Assistance Commis- Brigadier General Rodney O. Anderson ber of the Board of Directors of the Corpora- sion for a term expiring December 12, 2011. Brigadier General James O. Barclay, III tion for Public Broadcasting for a term ex- (Reappointment) Brigadier General Arthur M. Bartell Rosemary E. Rodriguez, of Colorado, to be piring January 31, 2014. (Reappointment) Brigadier General John R. Bartley Bruce M. Ramer, of California, to be a a Member of the Election Assistance Com- Brigadier General John M. Bednarek mission for a term expiring December 12, Member of the Board of Directors of the Cor- Brigadier General Donald M. Campbell, Jr. poration for Public Broadcasting for a term 2011. (Reappointment) Brigadier General John F. Campbell Gineen Bresso Beach, of New York, to be a expiring January 31, 2012, vice Warren Bell. Brigadier General Charles T. Cleveland Elizabeth Sembler, of Florida, to be a Member of the Election Assistance Commis- Brigadier General Jeffrey J. Dorko sion for the remainder of the term expiring Member of the Board of Directors of the Cor- Brigadier General Kenneth S. Dowd poration for Public Broadcasting for a term December 12, 2009, vice Caroline C. Hunter, Brigadier General Michael Ferriter resigned. expiring January 31, 2014, vice Claudia Puig, Brigadier General Michael T. Flynn term expired. DEPARTMENT OF DEFENSE Brigadier General William B. Garrett, III Loretta Cheryl Sutliff, of Nevada, to be a Michael Bruce Donley, of Virginia, to be Brigadier General James L. Hodge Member of the Board of Directors of the Cor- Secretary of the Air Force, vice Michael W. Brigadier General James L. Huggins, Jr. poration for Public Broadcasting for a term Wynne, resigned. Brigadier General John D. Johnson expiring January 31, 2012, vice Frank Henry NATIONAL SECURITY EDUCATION BOARD Brigadier General Nickolas G. Justice Cruz, term expired. Brigadier General Susan S. Lawrence David H. McIntyre, of Texas, to be a Mem- IN THE COAST GUARD ber of the National Security Education Brigadier General Kevin A. Leonard Brigadier General Gregg F. Martin The following named officers for appoint- Board for a term of four years, vice Mark ment in the United States Coast Guard to Falcoff, term expiring. Brigadier General James M. Milano Brigadier General John W. Peabody the grade indicated under Section 271, Title Mark J. Gerencser, of New Jersey, to be a 14, U.S. Code: Member of the National Security Education Brigadier General David G. Perkins Board for a term of four years, vice Robert Brigadier General James L. Terry To be rear admiral N. Shamansky, term expired. Brigadier General Michael S. Tucker Rear Adm. (1h) Christopher C. Colvin Brigadier General Joseph L. Votel IN THE NAVY Rear Adm. (1h) David T. Glenn Brigadier General Francis J. Wiercinski Rear Adm. (1h) Mary E. Landry The following named officer for appoint- Brigadier General Terry A. Wolff Rear Adm. (1h) Ronald J. Rabago ment in the United States Navy to the grade The following Army National Guard of the Rear Adm. (1h) Paul F. Zukunft indicated under title 10, U.S.C., section 624: United States officer for appointment in the The following named officers for appoint- To be rear admiral Reserve of the Army in the grade indicated ment in the United States Coast Guard to Rear Adm. (lh) Timothy V. Flynn, III while assigned to a position of importance the grade indicated under section 271, title The following named officers for appoint- and responsibility under title 10, U.S.C., sec- 14, U.S. Code: ment in the United States Navy Reserve to tion 601: To be rear admiral the grade indicated under title 10, U.S.C., To be lieutenant general Rear Adm. (1h) Thomas F. Atkin section 12203: Lt. Gen. H. Steven Blum Rear Adm. (lh) Kevin S. Cook To be rear admiral (lower half) IN THE AIR FORCE Rear Adm. (lh) Daniel A. Neptun Capt. George W. Ballance The following Air National Guard of the Rear Adm. (1h) Thomas P. Ostebo IN THE ARMY United States officers for appointment in the Rear Adm. (lh) Steven H. Ratti The following named officer for appoint- Reserve of the Air Force to the grades indi- Rear Adm. (lh) James A. Watson ment in the United States Army to the grade cated under title 10, U.S.C., sections 12203 NOMINATIONS PLACED ON THE SECRETARY’S indicated while assigned to a position of im- and 12212: DESK portance and responsibility under title 10, To be major general IN THE AIR FORCE U.S.C., section 601: Brigadier General Garry C. Dean PN1933 AIR FORCE nomination of Sarah C. To be lieutenant general Brigadier General Steven R. Doohen L. Scullion, which was received by the Sen- Brig. Gen. Patrick J. O’Reilly Brigadier General Donald E. Fick ate and appeared in the Congressional IN THE AIR FORCE Brigadier General Kathleen E. Fick Record of July 30, 2008. PN1934 AIR FORCE nomination of Richard The following named officer for appoint- Brigadier General Linda K. McTague E. Cutts, which was received by the Senate ment as Vice Chief of Staff, United States Brigadier General Alan W. Palmer and appeared in the Congressional Record of Air Force, and appointment to the grade in- Brigadier General Charles E. Tucker, Jr. July 30, 2008. dicated while assigned to a position of im- Brigadier General Jannette Young PN1935 AIR FORCE nomination of Karl L. portance and responsibility under title 10, To be brigadier general Brown, which was received by the Senate U.S.C., sections 8034 and 601: Colonel John D. Bledsoe, Jr. and appeared in the Congressional Record of Colonel Brewster S. Butters To be general July 30, 2008. Colonel Charles E. Foster, Jr. Lt. Gen. William M. Fraser, III PN1936 AIR FORCE nominations (2) begin- Colonel Mark R. Kraus ning ANDREW T. HARKREADER, and end- The following named officer for appoint- Colonel Catherine S. Lutz ing TARIS S. HAWKINS, which nominations ment as the Chief of the National Guard Bu- Colonel Joseph K. Martin, Jr. were received by the Senate and appeared in reau and for appointment to the grade indi- Colonel Jay M. Pearsall the Congressional Record of July 30, 2008. cated in the Reserve of the Air Force under Colonel James W. Schroeder title 10, U.S.C., sections 601 and 10502: PN1995 AIR FORCE nominations (2) begin- IN THE NAVY To be general ning Darrell I. Morgan, and ending ROGER The following named officer for appoint- E. JONES, which nominations were received Lt. Gen. Craig R. McKinley ment in the United States Navy to the grade by the Senate and appeared in the Congres- IN THE ARMY indicated while assigned to a position of im- sional Record of September 9, 2008. The following named officer for appoint- portance and responsibility under title 10, PN2001 AIR FORCE nominations (8) begin- ment in the United States Army to the grade U.S.C., section 601: ning THOMAS R. REED, and ending

VerDate Aug 31 2005 06:33 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.058 S02OCPT1 rfrederick on PROD1PC67 with SENATE October 2, 2008 CONGRESSIONAL RECORD — SENATE S10495 VIJAYALAKSHMI SRIPATHY, which nomi- PN1940 ARMY nominations (55) beginning PN2064 ARMY nomination of Tyrone P. nations were received by the Senate and ap- BRADLEY AEBI, and ending JONATHAN Crabb, which was received by the Senate and peared in the Congressional Record of Sep- YUN, which nominations were received by appeared in the Congressional Record of Sep- tember 12, 2008. the Senate and appeared in the Congres- tember 16, 2008. PN2002 AIR FORCE nomination of Daniel sional Record of July 30, 2008. PN2065 ARMY nominations (3) beginning Uribe, which was received by the Senate and PN1941 ARMY nominations (277) beginning MICHAEL M. KING, and ending BRADLEY appeared in the Congressional Record of Sep- JULIE A. AKE, and ending SCOTT E. C. WARE, which nominations were received tember 12, 2008. YOUNG, which nominations were received by by the Senate and appeared in the Congres- PN2003 AIR FORCE nomination of Mark A. the Senate and appeared in the Congres- sional Record of September 16, 2008. Lambertsen, which was received by the Sen- sional Record of July 30, 2008. PN2066 ARMY nominations (4) beginning ate and appeared in the Congressional PN1996 ARMY nomination of Mark V. D060674, and ending D060715, which nomina- Record of September 12, 2008. Flasch, which was received by the Senate tions were received by the Senate and ap- PN2004 AIR FORCE nomination of Randy and appeared in the Congressional Record of peared in the Congressional Record of Sep- L. Manella, which was received by the Sen- September 9, 2008. tember 16, 2008. ate and appeared in the Congressional PN2007 ARMY nomination of Steven B. PN2067 ARMY nomination of D060834, Record of September 12, 2008. Horton, which was received by the Senate which was received by the Senate and ap- PN2005 AIR FORCE nomination of Tim- and appeared in the Congressional Record of peared in the Congressional Record of Sep- othy W. Ricks, which was received by the September 12, 2008. tember 16, 2008. Senate and appeared in the Congressional PN2008 ARMY nomination of Mary F. PN2068 ARMY nominations (2) beginning Record of September 12, 2008. Braun, which was received by the Senate and D060478, and ending D060552, which nomina- PN2006 AIR FORCE nominations (7) begin- appeared in the Congressional Record of Sep- tions were received by the Senate and ap- ning MARCO V. GALVEZ, and ending JOHN tember 12, 2008. peared in the Congressional Record of Sep- T. SYMONDS, which nominations were re- PN2009 ARMY nomination of James C. tember 16, 2008. ceived by the Senate and appeared in the Bayley, which was received by the Senate PN2069 ARMY nominations (20) beginning Congressional Record of September 12, 2008. and appeared in the Congressional Record of D060513, and ending D070008, which nomina- PN2031 AIR FORCE nominations (527) be- September 12, 2008. tions were received by the Senate and ap- ginning JOHN J. ABBATIELLO, and ending PN2010 ARMY nomination of Jose R. peared in the Congressional Record of Sep- TIMOTHY A. ZOERLEIN, which nomina- Rafols, which was received by the Senate and tember 16, 2008. tions were received by the Senate and ap- appeared in the Congressional Record of Sep- PN2070 ARMY nominations (472) beginning peared in the Congressional Record of Sep- tember 12, 2008. JONATHAN S. ACKISS, and ending D070159, tember 15, 2008. PN2011 ARMY nomination of Matthew which nominations were received by the Sen- PN2032 AIR FORCE nominations (56) begin- Myles, which was received by the Senate and ate and appeared in the Congressional ning MICHELLE T. AARON, and ending appeared in the Congressional Record of Sep- Record of September 16, 2008. JULIE F. ZWIES, which nominations were tember 12, 2008. PN2071 ARMY nominations (501) beginning received by the Senate and appeared in the PN2012 ARMY nomination of Jayanthi STEPHEN L. ADAMSON, and ending X0005, Congressional Record of September 15, 2008. Kondamini, which was received by the Sen- which nominations were received by the Sen- PN2033 AIR FORCE nominations (109) be- ate and appeared in the Congressional ate and appeared in the Congressional ginning ELAINE M. ALEXA, and ending Record of September 12, 2008. Record of September 16, 2008. DENNIS C. WOOTEN, which nominations PN2013 ARMY nominations (3) beginning PN2072 ARMY nominations (849) beginning were received by the Senate and appeared in KATHERINE G. ARTERBURN, and ending MATTHEW T. ADAMCZYK, and ending the Congressional Record of September 15, JESSE C. WHITE, which nominations were D060798, which nominations were received by 2008. received by the Senate and appeared in the the Senate and appeared in the Congres- PN2034 AIR FORCE nominations (56) begin- Congressional Record of September 12, 2008. sional Record of September 16, 2008. ning NICOLA S. ADAMS, and ending PN2014 ARMY nominations (3) beginning PN2074 ARMY nomination of Nathan V. TAMBRA L. YATES, which nominations LEEANN M. CAPACE, and ending DUAINE Sweetser, which was received by the Senate were received by the Senate and appeared in J. KACZINSKI, which nominations were re- and appeared in the Congressional Record of the Congressional Record of September 15, ceived by the Senate and appeared in the September 18, 2008. 2008. Congressional Record of September 12, 2008. PN2035 AIR FORCE nominations (110) be- PN2079 ARMY nominations (4) beginning PN2015 ARMY nominations (2) beginning DAVID E. GRAETZ, and ending STEPHEN ginning JADE A. ALOTA, and ending JOB ANDUJAR, and ending RALPH LAY- MICHELLE L. WRIGHT, which nominations E. VAUGHN, which nominations were re- MAN, which nominations were received by ceived by the Senate and appeared in the were received by the Senate and appeared in the Senate and appeared in the Congres- the Congressional Record of September 15, Congressional Record of September 22, 2008. sional Record of September 12, 2008. PN2080 ARMY nominations (15) beginning 2008. PN2038 ARMY nomination of Chris D. PN2036 AIR FORCE nominations (4) begin- ORMAN W. BOYD, and ending D060774, which Fritz, which was received by the Senate and nominations were received by the Senate and ning ROBERT L. CLARK, and ending JOHN appeared in the Congressional Record of Sep- K. BINI, which nominations were received by appeared in the Congressional Record of Sep- tember 15, 2008. tember 22, 2008. the Senate and appeared in the Congres- PN2039 ARMY nominations (4) beginning sional Record of September 15, 2008. PN2081 ARMY nominations (20) beginning SHANNON B. BROWN, and ending ARNOLD CHRISTOPHER C. CARLSON, and ending PN2037 AIR FORCE nomination of Theo- K. IAEA, which nominations were received dore A. Mickle Jr., which was received by JAMES G. WINTE, JR., which nominations by the Senate and appeared in the Congres- were received by the Senate and appeared in the Senate and appeared in the Congres- sional Record of September 15, 2008. sional Record of September 15, 2008. the Congressional Record of September 22, PN2040 ARMY nominations (7) beginning 2008. PN2052 AIR FORCE nominations (18) begin- HOWARD DAVIS, and ending JAMES ning MICHAEL G. BUTEL, and ending TIM- WILKINSON, which nominations were re- IN THE COAST GUARD OTHY S. WOODRUFF, which nominations ceived by the Senate and appeared in the PN2026 COAST GUARD nominations (2) be- were received by the Senate and appeared in Congressional Record of September 15, 2008. ginning KURT A. SEBASTIAN, and ending the Congressional Record of September 15, PN2041 ARMY nomination of Katherine L. GLENN M. SULMASY, which nominations 2008. Froehling, which was received by the Senate were received by the Senate and appeared in IN THE ARMY and appeared in the Congressional Record of the Congressional Record of September 15, PN1235–2 ARMY nomination of ALLEN D. September 15, 2008. 2008. FERRY, which was received by the Senate PN2060 ARMY nomination of Jonathan E. PN2027 COAST GUARD nominations (89) and appeared in the Congressional Record of Kraft, which was received by the Senate and beginning John J. Arenstam, and ending January 23, 2008. appeared in the Congressional Record of Sep- John D. Wood, which nominations were re- PN1937 ARMY nomination of Stephen E. tember 16, 2008. ceived by the Senate and appeared in the Huskey, which was received by the Senate PN2061 ARMY nomination of D060712, Congressional Record of September 15, 2008. and appeared in the Congressional Record of which was received by the Senate and ap- PN2028 COAST GUARD nominations (241) July 30, 2008. peared in the Congressional Record of Sep- beginning Lara A. Anderson, and ending PN1938 ARMY nominations (2) beginning tember 16, 2008. Christopher H. Zorman, which nominations JENNIFER A. HISGEN, and ending VIVIAN PN2062 ARMY nominations (6) beginning were received by the Senate and appeared in C. SHAFER, which nominations were re- PHILIP W. GAY, and ending TIMOTHY N. the Congressional Record of September 15, ceived by the Senate and appeared in the THOMBLESON, which nominations were re- 2008. Congressional Record of July 30, 2008. ceived by the Senate and appeared in the PN2059 COAST GUARD nominations (18) PN1939 ARMY nominations (31) beginning Congressional Record of September 16, 2008. beginning Robert P. Branc, and ending KORD H. BASNIGHT, and ending FRANK D. PN2063 ARMY nomination of D060652, Hekmat D. Tamimie, which nominations WHITNEY, which nominations were received which was received by the Senate and ap- were received by the Senate and appeared in by the Senate and appeared in the Congres- peared in the Congressional Record of Sep- the Congressional Record of September 16, sional Record of July 30, 2008. tember 16, 2008. 2008.

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IN THE NAVY TOM A. ZURAKOWSKI, which nominations Thelma Cabantac PN1942 NAVY nominations (12) beginning were received by the Senate and appeared in Michael R. Cain ANTHONY M. GRIFFAY, and ending AN- the Congressional Record of September 15, Gregory A. Callaghan DREW G. LIGGETT, which nominations 2008. Timothy F. Callister were received by the Senate and appeared in PN2045 NAVY nominations (38) beginning James C. Campbell the Congressional Record of July 30, 2008. CATHERINE K. K. CHIAPPETTA, and end- Eric M. Carrero PN1943 NAVY nomination of Patrick J. ing SYLVAINE W. WONG, which nomina- Robert W. Carroll Fullerton, which was received by the Senate tions were received by the Senate and ap- Jonathan A. Carter and appeared in the Congressional Record of peared in the Congressional Record of Sep- Justin M. Carter July 30, 2008. tember 15, 2008. Drew M. Casey PN1944 NAVY nominations (2) beginning PN2046 NAVY nominations (94) beginning Thomas M. Casey JOSHUA D. CROUSE, and ending DAVE S. PAUL G. ALBERS, and ending JOHN P. Sean R. Cashell EVANS, which nominations were received by ZALAR, which nominations were received by John D. Cashman the Senate and appeared in the Congres- the Senate and appeared in the Congres- Anthony B. Caudle sional Record of July 30, 2008. sional Record of September 15, 2008. Deborah D. Cawthorn PN1945 NAVY nominations (4) beginning PN2047 NAVY nominations (114) beginning Steven E. Cerveny MATTHEW E. DUBROW, and ending ROB- JOSEPH K. AHN, and ending DAVID M. Sherri L. Chamberlin ERT S. THOMAS, which nominations were WRIGHT, which nominations were received Robert B. Chambers received by the Senate and appeared in the by the Senate and appeared in the Congres- John V. Chang Congressional Record of July 30, 2008. sional Record of September 15, 2008. Randall T. Chong PN1946 NAVY nominations (9) beginning PN2048 NAVY nominations (36) beginning Michael A. Cilenti ZACHARY A. BEEHNER, and ending DAVID CASSIE L. ALLEN, and ending DAVID S. Joseph A. Comar R. WILCOX, which nominations were re- YANG, which nominations were received by Bradley C. Cook ceived by the Senate and appeared in the the Senate and appeared in the Congres- Jeffrey K. Coon Congressional Record of July 30, 2008. sional Record of September 15, 2008. Daniel H. Cost PN1947 NAVY nominations (9) beginning PN2049 NAVY nominations (54) beginning Thomas G. Cowell DENVER L. APPLEHANS, and ending FERDINAND D. ABRIL, and ending YUE K. Lauren E. Cox CHRISTOPHER S. SERVELLO, which nomi- ZHANG, which nominations were received by Michael A. Crider nations were received by the Senate and ap- the Senate and appeared in the Congres- Edgardo Cruz peared in the Congressional Record of July sional Record of September 15, 2008. Megan L. Cull 30, 2008. PN2050 NAVY nominations (10) beginning Patrick A. Culver PN1948 NAVY nominations (21) beginning PALMO S. BARRERA, and ending HORACIO Christopher H. Dailey LYLE P. AINSWORTH, and ending JUAN C. G. TAN, which nominations were received by Asa S. Daniels VARELA, which nominations were received the Senate and appeared in the Congres- Douglas K. Daniels by the Senate and appeared in the Congres- sional Record of September 15, 2008. Stephen Daponte sional Record of July 30, 2008. PN2051 NAVY nomination of Jefferey R. John G. Daughtry PN1949 NAVY nominations (21) beginning Jernigan, which was received by the Senate Elaina Davis RODNEY O. ADAMS, and ending STEVEN T. and appeared in the Congressional Record of Jay E. Davis WISNOSKI, which nominations were re- September 15, 2008. Javier A. Delgado ceived by the Senate and appeared in the UNITED STATES COAST GUARD Matthew J. Denning Congressional Record of July 30, 2008. The following named officers for appoint- Daniel T. Deutermann PN1950 NAVY nominations (22) beginning ment to the grade indicated in the United Shana R. Donaldson TIMOTHY R. CAMPO, and ending JOHN E. States Coast Guard under Title 14, U.S.C. Jason J. Dorval WOODS III, which nominations were re- Section 271: Rebecca W. Dorval Jeffrey B. Dorwart ceived by the Senate and appeared in the To be lieutenant commander Congressional Record of July 30, 2008. John F. Druelle PN1951 NAVY nominations (33) beginning Micah N. Acree Daniel D. Dumas MICHAEL M. ANDREWS, and ending JO- Michel K. Adams Brian J. Eckley SEPH ZULIANI, which nominations were re- Erin N. Adler Rachel M. Eldridge ceived by the Senate and appeared in the Edward W. Ahlstrand Robin A. Ellerbe Congressional Record of July 30, 2008. Eric C. Allen Ryan S. Engel PN1952 NAVY nominations (37) beginning Nahshon I. Almandmoss Anthony Ennamorato LASUMAR R. ARAGON, and ending SARAH Jamie T. Amon Thomas C. Evans E. ZARRO, which nominations were received Jeremy J. Anderson Chad A. Fait by the Senate and appeared in the Congres- Richard A. Angelet Jessica A. Fant sional Record of July 30, 2008. John D. Annonen Peter E. Fant PN1953 NAVY nominations (44) beginning Kyle S. Armstrong Michael P. Fisher AUDREY G. ADAMS, and ending JAMES B. Douglas G. Atkins Lee A. Fleming VERNON, which nominations were received Stephen D. Axley Amy E. Florentino by the Senate and appeared in the Congres- Patrick T. Bacher Charles K. Fluke sional Record of July 30, 2008. James J. Bailey Mark C. Focken PN1954 NAVY nominations (83) beginning Jordan M. Baldueza James T. Fogle ADAM L. ALBARADO, and ending DENNIS Robert J. Baronas Steven P. Foran M. ZOGG, which nominations were received Heinz G. Bartnick Jamie C. Frederick by the Senate and appeared in the Congres- David M. Bartram Matthew S. Furlong sional Record of July 30, 2008. Tab A. Beach Marianne M. Gelakoska PN1955 NAVY nominations (123) beginning Clayton R. Beal Shawn T. Geraghty EMMANUEL C. ARCELONA, and ending Derek C. Beatty Shannon B. Giammanco BERNERD C. ZWAHLEN, which nominations Paul R. Beavis Thomas A. Gill were received by the Senate and appeared in Brian J. Behler Matthew S. Gingrich the Congressional Record of July 30, 2008. David S. Bennett Mark P. Glancy PN1956 NAVY nominations (1086) beginning Brent R. Bergan Shields R. Gore CAL R. ABEL, and ending CHARLES B. James R. Bigbie Andrew C. Gorman ZUHOSKI, which nominations were received James A. Binniker Jeffrey R. Graham by the Senate and appeared in the Congres- Stephen R. Bird Sean W. Green sional Record of July 30, 2008. Jeffrey A. Bixler Robert P. Griffiths PN2042 NAVY nominations (38) beginning Todd X. Bloch Douglas C. Hall STEVIC B. ABAD, and ending NATHAN J. Jose M. Bolanos Alan D. Hansen WONDER, which nominations were received Matthew T. Bourassa James J. Harkins by the Senate and appeared in the Congres- Matt A. Bournonville Wendy L. Hart sional Record of September 15, 2008. Ralph J. Boyes John M. Hartlove PN2043 NAVY nominations (243) beginning Jeffrey R. Bray Anthony H. Hawes DANA E. ADKINS, and ending VINCENT A. Curtis G. Brown Suzanne E. Hemann I. ZIZAK, which nominations were received Scott D. Buettner Jeff S. Henderson by the Senate and appeared in the Congres- Chaning D. Burgess John G. Henighan sional Record of September 15, 2008. Patrick C. Burkett John Henry PN2044 NAVY nominations (110) beginning Derrek W. Burrus Thomas G. Hickey CHRISTOPHER W. ABBOTT, and ending Conrado R. Cabantac David S. Hill

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Parsons Robert B. Walls Edward V. Jackson Eric W. Pearson Richard B. Walsh Michael S. Jackson Latasha E. Pennant Jon T. Warner James L. Jarnac Joshua D. Pennington Donis W. Waters Darwin A. Jensen Benjamin L. Perkins Charles E. Webb Jay J. Jerome Craig R. Petersen Kimberly S. Wheatley Jason J. Jessup Eben H. Phillips Christopher J. Williammee Andrew S. Joca Kenneth G. Phillips Jerred C. Williams Geoffrey W. Johannesen Nathan R. Phillips Scott R. Williams Bradley K. Johnson William E. Pickering Timothy C. Williamson Dean E. Jordan Robert M. Pirone Norman C. Witt Meridena D. Kauffman Christopher M. Pisares William C. Woityra Daniel P. Keane Willie E. Pittman Phillip D. Wolf Whitney S. Keith Kevin L. Plylar Lance M. Wood Brad W. Kelly Juan M. Posada Michael J. Woodrum Johnny J. Kidwell Robert H. Potter Robert S. Workman Shanell M. King David J. Potyok Douglas E. Wyatt Robert R. Kistner William W. Preston Robert D. Wyman James A. Klein Harold Price Matthew D. York Breanna L. Knutson Scott A. Rae James T. Zawrotny Zachary A. Koehler Michael J. Rasch Michael J. Zeruto Henry M. Konczynski Felicia K. Raybon Brian M. Kostecki Michael C. Reed FEDERAL MINE SAFETY AND HEALTH REVIEW Frank A. Kratochvil David J. Reinhard COMMISSION Jerry J. Krywanczyk Ryan S. Rhodes Mary Lucille Jordan, of Maryland, to be a Julie P. Kuck Ronald E. Richards Member of the Federal Mine Safety and Mark I. Kuperman Felix S. Rivera Health Review Commission for a term of six Heather P. Kuta Brian W. Robinson years expiring August 30, 2014. (Reappoint- Michael R. Lachowicz Helena H. Robinson ment) Gregory S. Lambrecht Len M. Robinson Michael Young, of Pennsylvania, to be a Kenneth R. Langford Paul A. Rodriguez Member of the Federal Mine Safety and Kevin Lape Rex E. Roebuck Health Review Commission for a term of six Matthew H. Laughlin Stephanie S. Ronchetto years expiring August 30, 2014. (Reappoint- Sonya L. Leibowitz Blanca Rosas ment) Donna D. Leoce Robert A. Rosenow NATIONAL COUNCIL ON DISABILITY Deborah S. Lindquist Rhett R. Rothberg Katherine O. McCary, of Virginia, to be a Manuel P. Lomba Paul F. Rudick Member of the National Council on Dis- Daniel W. Long Gregory K. Sabra ability for a term expiring September 17, Oscar B. Lorenzo Scott M. Sanborn 2009, vice Milton Aponte, term expired. Troy T. Luna Mark C. Sawyer Chad Colley, of Florida, to be a Member of Evelyn L. Lynn Norbert M. Schweinsberg the National Council on Disability for a term Anthony J. Maffia William A. Scott expiring September 17, 2010. (Reappointment) Neil C. Marcelino Fred W. Seaton Victoria Ray Carlson, of Iowa, to be a Matthew I. Marlow Marc R. Sennick Heather R. Mattern Donald E. Shaffer Member of the National Council on Dis- Romulus P. Matthews Michael D. Sharp ability for a term expiring September 17, Eric J. Matthies Gregory A. Shouse 2010. (Reappointment) Lonnie L. Mattoon Ryan T. Siewert Tony J. Williams, of Washington, to be a William L. McGoey Chad S. Skillman Member of the National Council on Dis- Eugene D. McGuinness James S. Small ability for a term expiring September 17, Steven J. McKechnie Keith L. Smith 2009, vice Young Woo Kang, term expired. John R. Vaughn, of Florida, to be a Mem- Brian J. McLaughlin Gregory M. Somers ber of the National Council on Disability for Louvenia McMillan Edward P. Soriano a term expiring September 17, 2010. (Re- Brian J. McSorley Warren P. Sproul appointment) Ann M. McSpadden James B. Stellflug Marylyn Andrea Howe, of Massachusetts, William L. Mees Framar L. Stenson to be a Member of the National Council on David L. Melton Hilary Stickle Disability for a term expiring September 17, Andrew J. Meyers Glenn J. Stpierre 2011. (Reappointment) Stacy L. Miller Heather J. Stpierre Lonnie C. Moore, of Kansas, to be a Mem- David W. Mitchell William E. Strickland ber of the National Council on Disability for Chad A. Moore James B. Suffern a term expiring September 17, 2011. (Re- Matthew J. Moorlag Maryann C. Swendsen appointment) Jason W. Morgan Daniel A. Tallman Heather McCallum, of Georgia, to be a Kevin T. Morgan Christopher J. Tantillo Member of the National Council on Dis- Paul I. Morgan Gregory M. Tarpey ability for a term expiring September 17, Guy A. Morrow Dale T. Taylor 2011, vice Cynthia Allen Wainscott, term ex- Andrew J. Motter Travis G. Taylor piring. Edward X. Munoz Ronald S. Teague Andre C. Murphy Brian S. Thomas JAMES MADISON MEMORIAL FELLOWSHIP Maurice D. Murphy Brett J. Thompson FOUNDATION Scott A. Murphy Gregory P. Torgersen John J. Faso, of New York, to be a Member Dawn W. Murray Keith A. Trepanier of the Board of Trustees of the James Madi- William A. Nabach Todd C. Troup son Memorial Fellowship Foundation for a

VerDate Aug 31 2005 06:33 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.065 S02OCPT1 rfrederick on PROD1PC67 with SENATE S10498 CONGRESSIONAL RECORD — SENATE October 2, 2008 term expiring May 29, 2013, vice David Wes- retary in the Diplomatic Service of the G. Mchael Snyder, of Virginia ley Fleming, term expired. United States of America: Wheel G. Spring, of Illinois Joe Manchin III, of West Virginia, to be a DEPARTMENT OF STATE Raymond W. Stephens III, of New York Member of the Board of Trustees of the Alyce Abdalla, of California Roy Therrien, of California James Madison Memorial Fellowship Foun- Michael A. Aguilera, of Washington Carolyn L. Turpin, of Florida dation for a term expiring November 5, 2012, Jean Elizabeth Akers, of the District of Co- Bernard Chitongco Uadan, of Florida vice George Perdue, term expired. lumbia Paul M. Valdez, of Texas Harvey M. Tettlebaum, of Missouri, to be a David Christopher Allen, of Virginia Naomi Joyce Walcott, of Connecticut Member of the Board of Trustees of the Marcia Sofia Anglarill, of Maryland Charlene Wang, of California James Madison Memorial Fellowship Foun- Claudia L. Baker, of California Ruddy Kerfun Wang, of California dation for a term expiring October 3, 2012, Peter R. Barte, of Virginia Elijah J. Waterman, of Pennsylvania vice Marc R. Pacheco, term expired. Arthur J. Bell, of California Samuel Werberg, of New York HARRY S TRUMAN SCHOLARSHIP FOUNDATION Carla Ann Benini, of Washington John William Whiteley, of Illinois Dave Heinemann, of Nebraska, to be a Michael L. Benton, of Maryland Ningchuan Zhu, of Texas Member of the Board of Trustees of the Katharine E. Bernsohn, of the District of Co- The following-named Members of the For- Harry S Truman Scholarship Foundation for lumbia eign Service to be Consular Officers and Sec- a term expiring December 10, 2011, vice Mel Wendy S. Brafman, of South Carolina retaries in the Diplomatic Service of the Carnahan. Brett Plitt Bruen, of New York United States of America: NATIONAL SCIENCE BOARD, NATIONAL SCIENCE Malgorzata Bula-Duane, of New York DEPARTMENT OF COMMERCE Deborah Lynn Campbell, of Florida FOUNDATION Linda L. Caruso, of Wisconsin Kelly Hapka Carrillo, of Texas Esin Gulari, of South Carolina, to be a Jennifer Gothard, of the District of Colum- Mark A. Caudill, of Virginia Member of the National Science Board, Na- bia Hunter B. Chen, of California tional Science Foundation, for a term expir- Gregory Harris, of Washington Cecilia S. Choi, of California ing May 10, 2014, vice Daniel E. Hastings, Ilona Shtrom, of the District of Columbia Charlotte Ann Crouch, of Arizona term expired. Aliza L. Totayo, of Maryland Jennifer D. Crow, of California Diane L. Souvaine, of Massachusetts, to be Mark Wildman, of Maryland Brian Sean DaRin, of New York a Member of the National Science Board, Na- Hilary Chisato Watanabe Dauer, of Virginia DEPARTMENT OF STATE tional Science Foundation, for a term expir- Learned H. Dees, of the District of Columbia Kathryn E. Abate, of New Jersey ing May 10, 2014, vice Kenneth M. Ford, term Gary Lee Dewey, of Arizona Mark J. Abreu, of Virginia expired. Daniela A. DiPierro, of Massachusetts Janice Anderson, of California NATIONAL COUNCIL ON THE ARTS Timothy Patrick Dougherty, of California Ramona Aponte, of Maryland JoAnn Falletta, of New York, to be a Mem- James A. Dragon, of Virginia Jason M. Arvey, of Virginia ber of the National Council on the Arts for John Holmes Dunne, of Alaska Deborah H. Aschenbach, of Illinois the remainder of the term expiring Sep- Arthur Thompson Evans IV, of Ohio Shelley J. Asher, of Virginia tember 3, 2012, vice Foreststorn Hamilton. Christiana Marie Foreman, of California Eric Transfeidt Atkins, of Washington Lee Greenwood, of Tennessee, to be a Mem- Eric M. Frater, of California Mark Madison Atkisson, of Maryland ber of the National Council on the Arts for a Warren Mitchell Gray, of Florida Kara L. Ayotte, of New Mexico term expiring September 3, 2014, Vice Phaedra Marie Gwyn, of Texas Rolanda N. Beckwith, of Virginia Makoto Fujimura, term expired. Jennifer Diana Harris, of Florida Barry M. Belknap, of Minnesota INTERNAL REVENUE SERVICE OVERSIGHT BOARD John Charles Hartman, of Texas James M. Black, of Maryland Edwin Eck, of Montana, to be a Member of Chris Dharman Hensman, of Rhode Island Billy Brian Blackwell, of California the Internal Revenue Service Oversight Andrew Jay, of New York Daniel J. Blank, of Virginia Board for a term expiring September 14, 2013. Defies Jobin Welch, of Virginia Elizabeth J. Blumenthal, of the District of (Reappointment) Peter James Kaufman, of California Columbia Barbara S. Keary, of the District of Colum- Daniel C. Bolsinger, of New Mexico GENERAL ASSEMBLY OF THE UNITED NATIONS bia Amy Boyd, of Virginia Anthony H. Gioia, of New York, to be a Juliana Junghwa Kim, of Illinois Meghan Eileen Bradley, of Virginia Representative of the United States of Amer- Lawrence John Kimmel, of Washington Eric Christopher Brians, of Virginia ica to the Sixty-third Session of the General Joey E. Klinger, of Pennsylvania Ronald A. Briggs, of Maryland Assembly of the United Nations. Wendy A. Kolls, of California Peter Broadbent, of Texas Karen Elliott House, of New Jersey, to be Maria V. Lane, of Colorado Loretta A. Bushnell, of Virginia an Alternate Representative of the United John S. LaRochelle, of Florida Harry T. Call, of Virginia States of America to the Sixty-third Session Alica Emin Lejlic, of Illinois Leanne R. Cannon, of Virginia of the General Assembly of the United Na- Deborah Berns Lingwood, of Florida George Edward Carr, of the District of Co- tions. Sara L. Litke, of Washington lumbia CAREER MEMBER OF THE SENIOR FOREIGN Inga Litvinsky, of Massachusetts Heather K. Carson, of Virginia SERVICE Donald E. Locke, of Texas Tyler J. Carson, of Virginia James Franklin Jeffrey, of Virginia, a Ca- Stephen E. Lynagh, of New York Amanda J. Cauldwell, of Virginia reer Member of the Senior Foreign Service, Joslyn Mack-Wilson, of Virginia Sung W. Choi, of New York Class of Career Minister, to be Ambassador Hong-Geok T. Maerkle, of California Karen E. Cox, of Virginia Extraordinary and Plenipotentiary of the Ryan D. Matheny, of California Filomena C. Crawford, of Virginia United States of America to the Republic of Brian J. McGrath, of New York Jeffrey D. Dahlby, of Virginia Turkey. Alexander J. McLaren, of Virginia Rebecca M. Danis, of Missouri Robert R. Mearkle, of Minnesota Erick M. Danzer, of Wisconsin FOREIGN SERVICE OFFICERS, CONSULAR OFFI- Christine Elizabeth Meyer, of Texas Amanda R. deKieffer, of Virginia CERS AND CAREER MEMBERS OF SENIOR FOR- Lia N. Miler, of New York James Butler Dewey, of Idaho EIGN SERVICE Sumreen K. Mrza, of California Christopher D. Doehle, of Virginia The following-named persons of the agen- Gladys Angel Moreau, of California Juan Domenech Clar, of Puerto Rico cies indicated for appointment as Foreign Bindi Kirit Patel, of California Nicole Marie Dutra, of Virginia Service Officers of the classes stated. Sarah Catherine Peck, of Massachusetts Katherine E. Eisenlohr, of Michigan For appointment as Foreign Service Offi- Andrew Posner, of California James E. Erdman III, of Michigan cer of Class Two, Consular Officer and Sec- Idris Rahimi, of Virginia Bradley J. Fernandez, of Virginia retary in the Diplomatic Service of the Rona Rathod, of California Ronald A. Ferry, of Kentucky United States of America: Gary L. Rex, of Florida Mary Frangakis, of New York DEPARTMENT OF STATE Michelle Lee Riebeling, of Missouri Kimberly R. Furnish, of Florida Oma T. Blum, of Virginia Bradly J. Roberson, of California Petra Selvaggia Gardner, of Virginia For appointment as Foreign Service Offi- Kristin Lynn Rockwood, of Florida Neil S. Gipson, of Nebraska cer of Class Three, Consular Officer and Sec- Michael R.J. Roth, of New Mexico Gudrun Erika Gomez, of Maryland retary in the Diplomatic Service of the Jason D. Seymour, of California Carissa Eileen Gonzalez, of Virginia United States of America, effective January Jason W. Sheets, of California Katy A. Gore, of Virginia 9, 2008: Franc Xavier Shelton, of Texas Karen Graham, of Virginia Carrie Anna Shirtz, of Wisconsin Sara D. Greengrass, of Florida DEPARTMENT OF STATE Noah Siegel, of Oregon Derrick J. Gwyn, of Virginia Min Chang, of California Russell Singer, of New York Craig Acton Halbmaier, of New Hampshire For appointment as Foreign Service Offi- Andrew Lewis Sisk, of Virginia Courtney A. Hammond, of Virginia cer of Class Four, Consular Officer and Sec- Lindsey Diane Snow, of Washington Benjamin C. Harvey, of Virginia

VerDate Aug 31 2005 05:14 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.057 S02OCPT1 rfrederick on PROD1PC67 with SENATE October 2, 2008 CONGRESSIONAL RECORD — SENATE S10499 John C. Heinbeck, of Michigan Wilbur A. Velarde, of Connecticut Alice Ruth Chu, of Minnesota James Henderson, of Virginia John L. Venable II, of Virginia Gordon Scott Church, of Tennessee Daniel J. Horning, of Michigan Anne Wan, of California Jeanne L. Clark, of New York Sharon A. Howe, of Texas Brian W. Warden, of Maryland Frances Juanita Crespo, of Texas Tracy E. Huff, of Virginia Matthew Daniel Warin, of Virginia Gretchen McKeever Cureton, of Texas Frank A. Inhoff, of Virginia David W. Warner, of Virginia Sarah J. Debbink, of the District of Colum- Katherine N. Isgar, of New York Mark Thomas Whitehead, of Virginia bia Marcus R. Jackson, of Florida Caroline G. Widegren, of Virginia Amy Wuebbels Diaz, of Texas Matthew Jaroszewski, of Virginia Eric Cody Wiliams, of Virginia Rebecca Eve Dodds, of Oregon David Johnson, of Virginia Ben Yates, of Texas Erin L. Eddy, of South Dakota Louise A. Johnson, of New Hampshire Rachael Zaspel, of Texas Sita M Farrell, of Virginia Kristen-Marie DiLeo Kaczynski, of Massa- Thomas S. Zia, of the District of Columbia Molly Pledge Flores, of Kansas chusetts Consular Officer in the Diplomatic Service Mary Ann Freeman, of California Steven Collat Kameny, of California of the United States of America: Chris W. Grantham, of Washington Angela P. Katcheves, of Texas Stephen G. Fakan, of Ohio Beth Bowden Herbolich, of Arizona Gary B. Keeley, of Virginia Saul Antonio Hernandez, of Georgia Brooke G. Kidd, of Virginia The following-named Career Members of Sabin Menzel Hinton, of Utah Mary Martha Kobus, of Virginia the Senior Foreign Service of the Depart- Michelle Lynn Hoyt, of Virginia Robert M. Kokta, of Virginia ment of State for promotion into the Senior Sarah Elizabeth Hutchison, of Virginia Christina B. Krouse, of Virginia Foreign Service to the classes indicated: David Jeffrey, of Washington Peter J. Kunkel, of Virginia Career Member of the Senior Foreign Serv- Eric N. Johnson, of Colorado Dana Last, of Virginia ice of the United States of America, Class of Hyun S. Kim, of Illinois Angela Leigh Lewis, of Virginia Counselor, effective November 27, 2005: Kevin Matthew Kreutner, of the District of Bruce William Liberi, of Virginia Edwin Richard Nolan, of Virginia Columbia Matthew R. Lohr, of Virginia Career Member of the Senior Foreign Serv- Susanne Kuester, of Florida Lavonne Lee Loveday, of Virginia ice of the United States of America, Class of Rebecca Lynn Landis, of California Jennifer L. Luers, of Nebraska Counselor, effective January 6, 2008: Daniel B. Langenkamp, of the District of Co- Aaron P. Lukas, of Virginia lumbia Alice G. Wells, of Virginia Joan E. Marshall, of Virginia Coby Dawne Lastuka, of Washington Valerie J. Martin, of Connecticut The following-named Career Members of Jean Bowman Leedy, of Texas Martha C. Mashav, of the District of Colum- the Senior Foreign Service of the Agency for Lisa Shih-Yun Liao, of New York bia International Development for promotion Bruce Alexander Lipscomb III, of Virginia Kurosh Massoud Ansari, of Virginia within and into the Senior Foreign Service Jeffrey Michael Loree, of New York Beverly E. Mather-Marcus, of Maryland to the classes indicated: Career Member of Ronita Michelle Macklin, of Ohio Theresa Jean Matthews, of Minnesota the Senior Foreign Service, Class of Career Daniel Stewart Mattern, of New York Shannon K. McCombie, of Virginia Mnister: Suzanne Shelton McGuire, of Virginia Derek Mercer, of Virginia Jonathan S. Addleton, of Georgia Russell C. Menyhart, of Indiana Jamie L. Mignon, of Virginia Lilian Ayalde, of Maryland Samuel S. Mikelson, of Virginia Mark Ian Mishkin, of California Career Member of the Senior Foreign Serv- Loren Giallanella Murad, of Massachusetts Lisa Ann Mooty, of Georgia ice, Class of Minister Counselor: Daniel R. Myers, of Oregon Neal Shaun Murata, of California Tracy J. Naber, of South Dakota Ben Murphy, of Virginia Susan K. Brems, of North Carolina Hart Gabriel Nelson, of Missouri Kenneth Lee Myers, of Virginia Margot Biegelson Ellis, of New York Marlene Monfietto Nice, of Florida Margot L. Nadel, of Virginia Patrick C. Fleuret, of Virginia Marlene Eguizabal Olsen, of Florida Andrew Nelson, of California Karen L. Freeman, of Virginia Selena Nelson-Salcedo, of Minnesota Jon Daniel Lindborg, of Indiana Darby Andrew Parliament, of Colorado Brent S. O’Connell, of Virginia Carl Abdou Rahmaan, of Maryland Christopher Brent Patch, of Utah Aamod Omprakash, of New York Susan G. Reichle, of Virginia Vanessa M. Paulos, of Texas Margaret Hollis Peirce, of Florida Jeffrey M. O’Neal, of Texas Career Member of the Senior Foreign Serv- Michele Louise Petersen, of Virginia Michael Ose, of Iowa ice, Class of Counselor: Ellen Peterson, of New York Maysa M. Osman, of Virginia David Jon Barth, of Virginia Abram Wil Paley, of Texas Scott Alan Reese, of Vermont E. Jed Barton, of Nevada Jan Marlys Reilly, of New York Matthew J. Paschke, of the District of Co- Robbin E. Burkhart, of Texas lumbia Ryan J. Roberts, of Texas Susan French Fine, of Virginia Mark Rosenshield, of Florida Michael D. Pearlstein, of the District of Co- James Alan Franckiewicz, of Maryland lumbia Alexander D. Schrank, of the District of Co- R. David Harden, of Maryland lumbia Donald G. Petkovich, of Virginia Peter R. Hubbard, of the District of Colum- Sarah Moore Pratt, of the District of Colum- Mahvash Siddiqui, of California bia bia Alexis Lynn Smith, of Colorado Barbara Jeanne Krell, of Virginia Raul Enrique Pulido, of Colorado Christopher Welby Smith, of Virginia Lawrence A. Meserve, of Virginia Delia Day Quick, of Texas Kim M. Steenberg, of Indiana Thomas Christopher Milligan, of the District Michael Quigley, of Virginia William B. Stevens, Jr., of Virginia of Columbia Scott D. Quinlan, of Virginia Paul W. Stevenson, of New York Beth A. Salamanca, of Virginia Micah Rapoport, of the District of Columbia Karan Elizabeth Swaner, of Virginia Maureen A. Shauket, of the District of Co- Marquex Dominique Rey, of Tennessee Dmitri Tarakhovsky, of Mchigan lumbia Marissa K.E. Rollens, of Texas Mark August Tervakoski, of Florida Herbert B. Smith, of Delaware Kristin Joy Runzel, of Virginia Celia Claire Thompson, of Texas Thomas H. Staal, of Maryland Tamanna S. Salikuddin, of Virginia Elizabeth Kennedy Trudeau, of New Hamp- Richard Winslow Whelden, of Virginia J.M. Saxton-Ruiz, of Virginia shire Dorothy I. Scanlan, of Virginia The following-named persons of the agen- Helene N. Tuling, of Washington Joshua Shen, of Virginia cies indicated for appointment as Foreign Mark Andrew Turner, of Virginia Jeffrey J. Sillman, of Virginia Service Officers of the classes stated. Andrew Jonathan Webster-Main, of Wash- Karl Alexander Snyder III, of Virginia For appointment as Foreign Service Offi- ington Rebecca Ann Snyder, of Virginia cer of Class Four, Consular Officer and Sec- Brigid Reilly Weiller, of New York Sara Veldhuizen Stealy, of Virginia retary in the Diplomatic Service of the Rhonda L. Wells, of Florida Anthony J. Stromeyer, Jr., of Virginia United States of America: Lilieth R. Whyte, of Colorado Timothy W. Swett, of Illinois DEPARTMENT OF STATE Paula C. Wikle, of Florida Jessup L. Taylor, of North Carolina Jonathan Trevor Austin, of Minnesota Ryan David Wirtz, of Florida Gregory James Thompson, of Virginia Jennifer A. Bah, of Alabama The following-named Members of the For- Tedde H. Thompson, of Virginia Gaurav Bansai, of New York eign Service to be Consular Officers and Sec- Daniel A. Thorley, of Maryland Anne M. Bennett, of Texas retaries in the Diplomatic Service of the Anna E. Tiedeck, of the District of Columbia Mark Mellas Bliss, of Georgia United States of America: Jon Thomas Tollefson, of Minnesota Matthew Harold Blong, of Maryland Patricia Elain Triplett, of Virginia Ryan Eugene Bowles, of Minnesota DEPARTMENT OF COMMERCE Joseph Gregg Tripoli, of Virginia Nathan J. Boyack, of Washington Christopher Becker, of Illinois Neal W. Turner, of Georgia Robin Sophia Brooks, of Colorado S. Thomas Bruns, of Florida Amy Unander, of Illinois Christopher J. Brown, of Virginia Stacey T. Chow, of Virginia Stanley J. Underdal, Jr., of Virginia Todd Alan Campbell, of Illinois Sarah K. Fox-Shin, of Maryland

VerDate Aug 31 2005 06:33 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.111 S02OCPT1 rfrederick on PROD1PC67 with SENATE S10500 CONGRESSIONAL RECORD — SENATE October 2, 2008 Lola Z. Gulomova, of the District of Colum- Marianne B. L’Altrelli, of Pennsylvania ment of State for promotion within and into bia Andrew D. Lebkuecher, of Minnesota the Senior Foreign Service to the class indi- John R. Howell, of Virginia Matthew L. Lee, of Virginia cated: DEPARTMENT OF STATE Nancy M. Lew, of Oregon Career Member of the Senior Foreign Serv- ice of the United States of America, Class of Nathaniel W. Adams, of the District of Co- Eleesha M. Lewis, of Florida Minister Counselor, effective January 6, 2008: lumbia Eileen M. Liston, of Virginia Melissa D. Ainley, of Virginia Lisa E. Mahoney, of Virginia David Malcolm Robinson, Jr., of Connecticut Maria M. Arnett, of Virginia Patrick Martino, of Wisconsin The following-named Career Members of Heather Marie Borland, of Virginia Britney Anjali McClary, of Florida the Senior Foreign Service of the Depart- Shawn Michael Boyd, of Virginia Kirk McDonald, of Florida ment of State for promotion into and within John S. Brown, of Washington Deborah M. McGrath, of Wisconsin the Senior Foreign Service to the classes in- Kathleen T. Bryda, of Virginia Nina D. McLaughlin, of the District of Co- dicated: Jessica Arias Bullock, of Virginia lumbia Career Members of the Senior Foreign Robert Alfred Bullock, of Virginia Briana Gribbin Meacham, of Pennsylvania Service of the United States of America, Herbert Christian Chen, of Virginia Amanda Johnson Miller, of the District of Class of Career Minister: Jacob Kyung-Hwoon Choi, of Utah Columbia John E. Herbst, of Virginia Karin J. Churchey, of the District of Colum- Erin M. Molnar, of New York Ronald Lewis Schlicher, of Tennessee bia Joan A. Morgan, of Virginia Thomas A. Shannon, Jr., of Virginia Karen Lynn Clark, of Texas Dali Mukherjee, of Virginia William Braucher Wood, of New York John Ramsey Clarke, of the District of Co- Peter M. Munoz, of Virginia Career Members of the Senior Foreign lumbia Yomaris C. Nunez, of New York Service of the United States of America, Donald R. Coleman, of California Kathleen M. Nutt, of Virginia Class of Minister-Counselor: Laura Susan Conaway, of Maryland James Patrick O’Brien, of Washington Mark L. Asquino, of Rhode Island Cynthia Lauren Cook, of the District of Co- John Burton O’Brien, of Florida Barbara S. Aycock, of Oregon lumbia Daniel Patrick Ogan, of Virginia Jess Lippincott Baily, of Georgia Marjorie Corlett, of Florida Matthew Gereon Osborne, of Virginia Michael Anthony Butler, of Virginia Ethan K. Curbow, of Maryland Paul A. Pavwoski, of the District of Colum- Mary Deane Conners, of Pennsylvania Ebony Rose Custis, of Maryland bia Jeffrey W. Culver, of Virginia Sandya Das, of California Amanda K. Paz, of California Robert E. Davis, Jr., of Washington Christopher Davenport, of Virginia Benjamin Joseph Peracchio, of North Caro- David F. Davison, of Hawaii Bridget Davis, of New York lina James C. Dickmeyer, of Ohio Andrea Jo DeArment, of Texas Matthew L. Petit, of Florida Ellen Connor Engels, of Virginia Dustin DeGrande, of the District of Colum- Brett Andrew Pierce, of Virginia Kathleen M. Fitzpatrick, of Maryland bia Andrew J. Publicover, of Washington Robert Stephen Ford, of Maryland Daniel del Castillo, of Minnesota Elizabeth A. Quiring, of Pennsylvania Alcy Ruth Frelick, of California William Anthony Denton, of the District of Judnefera A. Rasayon, of Virginia Kay E. Gotoh, of Virginia Columbia Alissa Meredith Redmond, of North Carolina Bradford Eugene Hanson, of Virginia Judd B. Devermont, of the District of Colum- Robert Alexander Romanowski, of Virginia Douglas C. Hengel, of New York bia Steven Meredith Rugge, of Virginia Phillip P. Hoffmann, of New York Luke T. Durkin, of Illinois Ryan Ruta, of Texas Michael Stephen Hoza, of Washington Emmerson W. Edwards, of the District of Co- Jennifer L. Sample, of Virginia Cherie J. Jackson, of Colorado lumbia Nicolas Steven Samuelson, of Virginia Kenneth Howard Jarrett, of New York Jon Kelly Emerson, of Maryland Benjamin Sand, of New York Richard E. Jaworski, of Michigan Sarah Aileen Engelhardt, of Virginia Maria W. Sand, of New York Deborah Kay Jones, of New Mexico Mark D. Ericson, of Maryland Seth E. Schleicher, of Virginia Ian C. Kelly, of New Jersey Alison R. Evans, of the District of Columbia Audrey Louise Schrader, of Virginia John Monroe Koenig, of Washington Robert T. Falzone, of Virginia Kyle E. Schrader, of California June Heil Kunsman, of Missouri M. Margaret Ferrara, of Virginia Melissa L. Schumi, of the District of Colum- Barry Jay Levin, of Missouri Kelly E. Folliard, of Florida bia Nancy Lee Manahan, of Florida Jeremy J. Fowler, of the District of Colum- Patricia A. Seeker, of Florida Scot Alan Marciel, of Virginia bia Rosemarie E. Skelly, of Virginia C. Steven McGann, of California Shawna L. Garner, of Virginia Tara E. Skrabanek, of Texas Robert McKinnie, of Tennessee Alexander Dimond Gordon, of the District of Jason P. Spellberg, of Colorado Ronald Keith McMullen, of Iowa Columbia Ineke Margaret Stoneham, of the District of Patricia N. Moller, of Pennsylvania Mary E. Goudey, of the District of Columbia Columbia Roderick W. Moore, of Florida Miguel A. Guzman, of Virginia Natella V. Svistunova, of Oregon Brian A. Nichols, of California Adam Halverson, of Wisconsin Dina Lucia Tamburrino, of Florida Richard Boyce Norland, of Missouri Brian Harp, of New Hampshire Joseph P. Taves, of Virginia James D. Pettit, of Virginia Christopher Thaddeus Weston Hartfield, of Beverly A. Thacker, of Oregon Lisa A Piascik, of Virginia Georgia Mark Evan Trabue, of Virginia Daniel William Piccuta II, of California David H. Haskett, of Maryland Colleen M. Traughber, of Minnesota Robert A Pollard, of Virginia Jillian A. Hayes, of the District of Columbia Erin J. Truhler, of Minnesota Ronald J. Post, of Florida Timothy F. Haynes, Jr., of New York Mary Vargas, of California Martin R. Quinn, of Virginia Lisa R. Hecht-Cronstedt, of Florida Joseph William Wade, of Utah Brooks A. Robinson, of California Neil Helbraun, of Illinois David Austin Westenhofer, of Kentucky Daniel Richard Russel, of California Jacqueline Brett Hernandez, of Florida Teresa Williamson, of Connecticut Thomas F. Skipper, of California Shannon Piper Hill, of New Mexico Jonathan Wolfington, of the District of Co- Derwood Keith Staeben, of Wisconsin Andrea Smith Hlllyer, of Guam lumbia Grace Caroly Stettenbauer, of Virginia Henry Howard III, of Connecticut Hanan Yehia, of Maryland Karen Brevard Stewart, of Florida Thomas J. Hudak, of Virginia Matthew J. Zamary, of Virginia Sharon E. W. Villarosa, of Texas Virsa Y. Hurt, of Tennessee Mark W. Zanolli, of Pennsylvania Mary Burce Warlick, of California Mark T. Huse, of Virginia Lindsey M. Zuluaga, of Pennsylvania Edward J. Wehrli, of Texas Jason Ray Hutchison, of Florida Consular Officer in the Diplomatic Service Joseph Yuosang Yun, of Oregon Brandon Jovan Jackson, of Florida of the United States of America: The following-named Career Members of Sandra M. Jacobs, of Florida Joseph Ambrose Kenny, Jr., of Maryland the Foreign Service for promotion into the Jamal Joseph Jafari, of the District of Co- Senior Foreign Service, as indicated: The following-named Career Member of the lumbia Career Members of the Senior Foreign Senior Foreign Service of the Department of Kelvin Jamison, of Indiana Service of the United States of America, Agriculture for promotion within and into Hugo A. Jimenez, of Florida Class of Counselor: the Senior Foreign Service to the class indi- Sheena M. Johnson, of Virginia Theodore Allegra, of Colorado cated: Kyle T. Jones, of Oklahoma Kurt E. Amend, of Washington Career Member of the Senior Foreign Serv- N. Rashad Jones, of Georgia Larry Edward Andre, Jr., of Texas ice of the United States of America, Class of Mark Richard Jorgensen, of Minnesota Thomas H. Armbruster, of Florida Minister Counselor, effective March 20, 2009: Jerry G. Kalarickal, of Texas Bruce Armstrong, of Florida Elizabeth A. Keene, of Texas Philip A. Shull, of Virginia Lisa Gamble Barker, of Rhode Island Salman K. Khalil, of Virginia The following-named Career Members of Clare A. Barkley, of Maryland John P. Koser, of Virginia the Senior Foreign Service of the Depart- Erica Jean Barks-Ruggles, of Virginia

VerDate Aug 31 2005 06:33 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.069 S02OCPT1 rfrederick on PROD1PC67 with SENATE October 2, 2008 CONGRESSIONAL RECORD — SENATE S10501 John F. Berry, of Michigan Daniel Barrett Hogan, of Virginia EXECUTIVE SESSION Timothy A. Betts, of California Martin Fortune Kraus, of Maryland James A. Boughner, of Washington Daniel R. Muhm, of Washington William Brent Christensen, of Oregon Joseph Michael Pate, of Tennessee EXECUTIVE CALENDAR Carl S. Cockburn, of Florida Steve G. Romero, of Virginia Jonathan Raphael Cohen, of California David J. Schnorbus, of New York Mr. LEVIN. Mr. President, I ask Maureen E. Cormack, of Illinois Christian J. Schurman, of Virginia unanimous consent that the Senate John S. Creamer, of Virginia Charles J. Slater, of Florida proceed to executive session to con- Mark J. Davidson, of New Jersey Walter D. Storm, of Washington sider Executive Calendar No. 756, that Jeffrey F. DeLaurentis, of New York Xavier Vazquez, of New York the nomination be confirmed and the Laura Farnsworth Dogu, of Texas UNITED STATES MARSHAL FOR THE EASTERN motion to reconsider be laid upon the Walter Douglas, of Nevada DISTRICT OF KENTUCKY table, that no further motions be in Catherine I. Ebert-Gray, of Colorado order, that any statements relating to John J. Finnegan, Jr., of Virginia Dennis Michael Klein, of Kentucky, to be Miachael J. Fitzpatrick, of Florida United States Marshal for the Eastern Dis- the nomination be printed in the Valerie L. Fowler, of Washington trict of Kentucky for the term of four years, RECORD, the President be immediately Carlos Garcia, of Florida vice John Schickel, resigned. notified of the Senate’s action, and the Thomas B. Gibbons, of Virginia f Senate resume legislative session. Daniel Edward Goodspeed, of Virginia The PRESIDING OFFICER. Without Lawrence J. Gumbiner, of California LEGISLATIVE SESSION objection, it is so ordered. Blair P. Hall, of the District of Columbia The nomination considered and con- Daniel J. Hall, of Texas firmed is as follows: Brent R. Hartley, of Maryland UNANIMOUS CONSENT DEPARTMENT OF JUSTICE Stuart M. Hatcher, of Virginia AGREEMENT—S. 3001 William A. Heidt, of California Jeffrey Leigh Sedgwick, of Massachusetts, Debra P. Heien, of Washington Mr. REID. Mr. President, I ask unan- to be an Assistant Attorney General. James William Herman, of Washington imous consent that if the Senate re- Mr. LEAHY. Mr. President, today, Charles F. Hunter, of the District of Colum- ceives from the House a correcting res- the Senate confirmed five more execu- bia olution to correct the enrollment of S. tive nominations that were reported by Karen E. Johnson, of Texas 3001 that is identical to the matter the Judiciary Committee, including Russell Warren Jones, Jr., of Illinois which is currently at the desk, then it the nomination of Greg Garre to be So- Geraldine L. Kam, of California be considered to have been agreed to licitor General of the United States, Steven B. Kashkett, of Florida and the motion to reconsider be laid Elizabeth Cooper Kauffman, of Florida one of the highest and most prestigious Sung Y. Kim, of California upon the table; that if the House con- positions at the Department of Justice. Laura Jean Kirkconnell, of Florida current resolution is not identical, The nominations considered today Philip S. Kosnett, of North Carolina then this order be vitiated. also include Jeffrey Leigh Sedgwick to Robert R. Kuntz II, of California The PRESIDING OFFICER. Without run the Department’s Office of Justice Mary Beth Leonard, of the District of Co- objection, it is so ordered. Programs, George W. Venables to be lumbia f United States Marshal for the South- Earle D. Litzenberger, of California ern District of California, Brian Naomi Emerson Lyew, of Pennsylvania CONVENING OF THE 111th Albritton to be United States Attorney William John Martin, of California CONGRESS Raymond D. Maxwell, of North Carolina for the Middle District of Florida, and Elizabeth Kay Webb Mayfield, of Texas Mr. REID. Mr. President, I ask unan- another that I have agreed to discharge Victoria Sharon Middleton, of Virginia imous consent the Senate proceed to from Committee: Dennis Michael Klein Jeffrey A. Moon, of Florida the immediate consideration of H.J. to be United States Marshal for the Jonathan M. Moore, of Illinois Res. 100, convening of the 111th Con- Eastern District of Kentucky. I thank Wendela C. Moore, of Virginia gress. Senator KENNEDY for his expedited con- Tulinabo Salama Mushingi, of Virginia The PRESIDING OFFICER. The joint sideration of Mr. KLEIN’s nomination. Julieta Valls Noyes, of Florida He has long been focused on maintain- Julie H. Nutter, of Pennsylvania resolution will be stated by title. Mary Monica O’Keefe, of Virginia The legislative clerk read as follows: ing the qualifications of those ap- Theodore G. Osius, of the District of Colum- A joint resolution (H.J. Res. 100) appoint- pointed to be U.S. Marshals. bia ing the day for the convening of the first ses- We tried as well to move forward Joseph M. Pomper, of Connecticut sion of the One Hundred Eleventh Congress with the President’s nominations to Michael A. Raynor, of Maryland and establishing the date for the counting of the Privacy and Civil Liberties Over- Bruce David Rogers, of California the electoral votes for President and Vice sight Board and the Sentencing Com- Sara A. Rosenberry, of Virginia President cast by the electors in December mission, but Republican holds pre- Christopher John Rowan, of Tennessee 2008. vented us from making progress and Julie Ann Ruterbories, of Texas There being no objection, the Senate Sue Ellen Saarnio, of Virginia confirming President Bush’s nominees Michael R. Schimmel, of Michigan proceeded to consider the joint resolu- to those important posts. Todd P. Schwartz, of Ohio tion. After today’s confirmations, we have Kristen B. Skipper, of California Mr. REID. I ask unanimous consent confirmed 40 executive nominations Dana Shell Smith, of California the joint resolution be read three this Congress, including the confirma- Kurt D. Volker, of the District of Columbia times, passed, the motion to reconsider tions of 13 U.S. attorneys, 9 U.S. mar- Paul Allen Wedderien, of California be laid upon the table, with no inter- shals, a member of the U.S. Sentencing Uzra S. Zeya, of Florida vening action or debate. Commission, another Attorney Gen- Susan L. Ziadeh, of Washington The PRESIDING OFFICER. Without eral, Deputy Attorney General, Asso- Benjamin G. Ziff, of California Jane Buchmiller Zimmerman, of Virginia objection, it is so ordered. ciate Attorney General, and Solicitor Career Members of the Senior Foreign The joint resolution (H.J. Res. 100) General. Eighteen of those nomina- Service, Class of Counselor, and Consular Of- was ordered to a third reading, was tions will have been confirmed this ficers and Secretaries in the Diplomatic read the third time, and passed. year alone, despite this being a Presi- Service of the United States of America: Mr. REID. Mr. President, I suggest dential election year. Aziz Ahmed, of Virginia the absence of a quorum. Of course, we have considered these Douglas A. Allison, of Virginia The PRESIDING OFFICER. The executive nominations while simulta- James Patrick Bacigalupo, of New York clerk will call the roll. neously moving forward with the con- Richard L. Boohaker, of Florida The legislative clerk proceeded to firmation of dozens of President Bush’s Michael B. Bretz, of Florida call the roll. judicial nominations. I have spoken Todd James Brown, of Virginia Mr. LEVIN. I ask unanimous consent many times about the partisan actions Panakkal David, of New York John M. Davis, of Virginia that the order for the quorum call be of the Republican-led Senate that cre- Edmund J. Gagliardi, Jr., of Pennsylvania rescinded. ated a judicial vacancies crisis by not Leon G. Galanos, Jr., of New Hampshire The PRESIDING OFFICER. Without considering circuit court nominees in Timothy G. Haley, of Texas objection, it is so ordered. 1996, 1997 and 1998. Those years included

VerDate Aug 31 2005 06:33 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\CR\FM\A02OC6.073 S02OCPT1 rfrederick on PROD1PC67 with SENATE S10502 CONGRESSIONAL RECORD — SENATE October 2, 2008 the congressional session in the 1996 findings about the improper and un- ish the leadership ranks at the Depart- Presidential election year, when the precedented firing of U.S. Attorneys ment. We confirmed the new Attorney Republican Senate majority confirmed for political reasons. These findings General last November. Today, in con- only 17 judicial nominations and re- add up to another disturbing report firming Mr. Garre’s nomination to be fused to allow the Senate to confirm card on the conduct of the Gonzales Solicitor General, we complete that even one circuit court judge. That Justice Department. This report con- work. same presidential election year the Re- firms that the two most senior officials The position of Solicitor General is a publicans confirmed just four of Presi- at the Department of Justice—Attor- critical post that encompasses duties dent Clinton’s executive nominees. By ney General Alberto Gonzales and Dep- quite different than any other lawyer comparison, with today’s confirma- uty Attorney General Paul McNulty— in the Government. The Solicitor Gen- tions, we have confirmed 18 of Presi- ‘‘abdicated their responsibility to safe- eral is not only one of the highest dent Bush’s. guard the integrity and independence ranking officials at the Justice Depart- As we prepare to close this Congress, of the Department by failing to ensure ment and the chief advocate on behalf I thank the members of the Judiciary that the removal of U.S. Attorneys was of the United States Government, but Committee for the tireless work that not based on improper political consid- also holds a unique position as an offi- resulted in the confirmation of 68 of erations.’’ It confirms what I have said cer of the court, with a duty to bring President Bush’s nominees to lifetime all along—the responsibility for this forward aspects of cases that the Su- appointments to the Federal bench. debacle was not the work of a few bad preme Court might not otherwise This work was all the more impressive apples, as Attorney General Mukasey, know. Because of this critical role, the because of the time and effort we de- former Attorney General Gonzales Solicitor General is often called ‘‘the voted to rebuilding and restoring the have suggested. Responsibility rests at Tenth Justice.’’ Department of Justice after years of the top, and at the White House. I remain concerned about many of scandals led to the resignations of the This report might have told us even the positions he has advocated while Department’s entire senior leadership. more if the investigation had not been serving in the Solicitor General’s office At the beginning of this Congress, impeded by the Bush administration’s and more recently as Acting Solicitor the Judiciary Committee began its refusal to cooperate and provide docu- General. For example, I strongly dis- oversight efforts. Those efforts re- ments and witnesses. In this debacle as agree with the administration’s posi- vealed a Department of Justice gone in others, the Bush administration’s tion last year in Ledbetter v. Goodyear awry. The leadership crisis came more self-serving secrecy has shrouded many Tire and Rubber Co., a case in which and more into view as I led a bipartisan of their most controversial policies— the Supreme Court stuck a severe blow group of concerned Senators to con- from torture, to investigating the to the rights of working women to sider the U.S. attorney firing scandal, causes of 9/11, to wiretapping. The evi- equal pay for equal work and to all a confrontation over the legality of the dence in our investigation and in re- working Americans. The amicus brief administration’s warrantless wire- ports from the Inspector General and filed by the government, which Mr. tapping program, the untoward polit- Office of Professional Responsibility Garre signed as Principle Deputy Solic- ical influence of the White House at shows that Karl Rove and others from itor General, helped bring about that the Department of Justice, and the se- the highest ranks of the White House wrong decision. I strongly believe it cret legal memos excusing all manner were involved in the firings and focused was contrary to the purpose and intent of excess and subverting the rule of on the political impact of Federal pros- of Congress’ bipartisan efforts to root law. out discrimination against working What our efforts exposed was a crisis ecutions. The White House should not women. of leadership that took a heavy toll on be allowed to hide from accountability. Even though it has been clear for a For nearly two decades, Lilly the tradition of independence that has Ledbetter, a supervisor at Goodyear long guided the Justice Department long time that Attorney General Tire, was paid significantly less than and provided it with safe harbor from Gonzales allowed politics to permeate her male counterparts. Nevertheless, political interference. It shook the con- the Department’s ranks, he continues the brief Mr. Garre signed contended fidence of the American people. to try to avoid accountability. He has that she was not eligible for title VII Through bipartisan efforts among provided the Inspector General the protection against discriminatory pay those from both sides of the aisle who same response he gave so frequently to because she did not file her claim with- care about Federal law enforcement Congress: I don’t recall. The threads of in 180 days of Goodyear’s discrimina- and the Department of Justice, we secrecy of this administration—from joined together to press for account- the White House to the Executive agen- tory pay decision. That view contra- ability. cies—will continue to unravel for years dicted the position of the Equal Em- After we exposed and uncovered the to come. ployment Opportunity Commission, abuses at the Department, we referred When this investigation was handed which had stated that each paycheck a number of matters to the Depart- over to a Federal criminal prosecutor could separately provide a cause of ac- ment’s Inspector General, OIG, and Of- recently to determine whether there tion. The administration’s position was fice of Professional Responsibility, was criminal wrongdoing, I warned the wrong and provided cover for the Court OPR, for further investigation. The President that the American people to throw out a jury verdict and com- three reports we have now received will see any use of the pardon power or pound the harm from the discrimina- from those internal investigations have any grant of clemency or immunity to tion against Ms. Ledbetter. I hope that, confirmed the worst of our findings and those from his administration involved once confirmed, Mr. Garre will take se- our fears. in the U.S. Attorney firing scandal as riously the intent of Congress and the The first two reports confirmed what an admission of wrongdoing and an- need for equal justice for all in advo- the Judiciary Committee uncovered other misuse of power. His administra- cating the position of the United about the politicization of hiring prac- tion has stonewalled the Congress and States before the Federal courts. tices at the Department. They con- the inspector general. They should I also disagree strongly with the po- firmed that the same senior Depart- come clean. They should have testified sition taken in an amicus brief this ment officials involved with the firing and given us the information we were year signed by Mr. Garre in Crawford v. of United States Attorneys were inject- forced to subpoena. We do not want to Marion County Election Board. In this ing improper political motives into the see another repeat of the Scooter Libby Supreme Court case Mr. Garre argued process of hiring attorneys for career misuse of power where the President’s that Indiana’s requirement of a photo positions throughout the Department, people misled investigators and then he identification for voting was ‘‘reason- from career prosecutors, to immigra- excused them from their lies and eva- able’’ and furthered the State’s inter- tion judges, to young attorneys siveness. There should be account- est in combating vote fraud. He made through the Department’s prestigious ability and consequences. this argument even though in-person honors program. Our oversight efforts did not com- voter fraud has proven time and time Just this week, OIG and OPR issued a plete our work. In the last year alone again to be a myth, and evidence shows third report, this one validating our we have held eight hearings to replen- that photo ID laws have already served

VerDate Aug 31 2005 05:14 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.075 S02OCPT1 rfrederick on PROD1PC67 with SENATE October 2, 2008 CONGRESSIONAL RECORD — SENATE S10503 to disenfranchise some of the most vul- ANDEAN TRADE PREFERENCE wages in Montana and the rest of the nerable American voters. In several in- EXTENSION country. Retail and transportation jobs stances elderly nuns who were not able Mr. LEVIN. Mr. President, I ask in America depend on flower exports to vote as a result of Indiana’s laws. unanimous consent that the Senate from Ecuador and Colombia. We sell Although the Supreme Court agreed proceed to the immediate consider- American cotton to Andean and Do- with Mr. Garre’s position, 6–3, the ation of H.R. 7222, which was received minican textile buyers who turn it into Court left the door open for ‘‘as ap- from the House. fabric and apparel. American manufac- plied’’ challenges and statutory chal- The clerk will report the bill by title. turers rely on imports from GSP bene- lenges to laws that burden voters’ fun- The legislative clerk read as follows: ficiaries to lower input costs on elec- damental right to participate in the A bill (H.R. 7222) to extend the Andean trical parts and building materials. electoral process by mandating a photo Trade Preferences Act, and for other pur- And American consumers benefit from ID. If confirmed, I hope Mr. Garre will poses. lower priced products from diamond act as he said in his hearing he would There being no objection, the Senate rings to tires. to enforce the Voting Rights Act’s proceeded to consider the bill. Our preference programs are not per- antidiscrimination provisions against Mr. BAUCUS. Mr. President, Presi- fect. My colleagues and I are concerned State photo ID laws that deter minor- dent John F. Kennedy said that ‘‘if a that our preference programs may help ity voter participation. free society cannot help the many who those who do not need or deserve our help. We are concerned that certain I hope Mr. Garre shares my view that are poor, it cannot save the few who are rich.’’ beneficiary countries boast globally it is vital that we ensure that we have competitive industries and wealthy a functioning, independent Justice De- This week, Congress has worked hard on the American economy. No matter owners. We are concerned that certain partment, and that we ensure that this beneficiary countries show disdain for sad era in the history of the Depart- how grave our problems today, Amer- ica remains the world’s richest nation. America’s foreign policies and do not ment is not repeated. We have seen provide adequate protections for the what happens when the rule of law Our domestic challenges are great. But ours remains a land of opportunity and American companies operating in those plays second fiddle to a President’s countries. agenda and the partisan desires of po- prosperity. With our own economy in hard times, Yet I recognize that the good and litical operatives and it is a disaster prosperity of the many cannot be sac- for the American people. Both the it is easy to forget the world’s poorest. It is easy to forget that more than a rificed to punish the few. The inappro- President and the Nation are best priate actions of a few cannot lead us served by a Justice Department that billion people around the world live on a dollar a day or less. Concerned about to inaction that hurts the many and provides sound advice and takes re- throws entire economies into a spiral sponsible action, without regard to po- maintaining our own standard of liv- ing, we can forget that the wealth of of insecurity and poverty. litical considerations—not one that de- This legislation on our preference too many consists of little more than velops legalistic loopholes and ideolog- programs is no blank check. Our pref- the clothes on their backs and the few ical litmus tests to serve the ends of a erence programs require beneficiary particular administration. coins in their pockets. The legislation that we consider countries to protect U.S. investment Jeff Sedgwick will also have an im- today proves we are not an island—eco- and intellectual property and to pro- vide workers with internationally rec- portant role to play in the few months nomically or morally. Today’s legisla- ognized worker rights. Our programs remaining in this administration. The tion accomplishes four key objectives. provide the administration with the Office of Justice Programs plays a It extends the Generalized System of flexibility to work within the program vital role in developing the Nation’s Preferences for 1 year, extends the An- in order to determine whether or not to capacity to prevent and control crime dean Trade Preferences Act for 6 designate a country a beneficiary coun- and compensating and assisting crime months to 1 year, with safeguards to try. And when beneficiary countries do victims. Crime, including violent ensure that Bolivia and Ecuador com- not abide by these eligibility criteria, crime, has been on the rise, particu- ply with that program’s rules, affords they must be held responsible. I com- larly in rural areas and smaller cities. the Dominican Republic enhanced ac- mend the administration for launching Many of us think it is in part the con- cess to the U.S. market in a way that sequence of this administration’s fail- an ATPA review of Bolivia to ensure benefits U.S. producers, and allows our that it continues to abide by the eligi- ure to provide financial assistance to trade preference program with Africa— our state and local law enforcement bility criteria. known as AGOA—to work better. Our preference programs also contain partners. Despite our repeated warn- I am proud that, by considering and ings, the Bush administration has sys- measures to make sure that developing passing this legislation, America again countries that become globally com- tematically tried to dismantle Federal proves that we are still capable of support for local and state law enforce- petitive graduate to operate under the thinking of others. By acting on this same terms as the rest of America’s ment that was being provided through bill, Americans underscore that those our successful Community-Oriented trading partners. who do not share our wealth must not These policies are not perfect. No Policing Services, COPS, program, be denied hope for a better life. By ex- policy this body passes is static. Every Byrne grants and other programs. tending our trade preference programs, policy requires review and reevaluation Under President Bush, billions have Americans reaffirm the fundamental to make sure it works how it should, been cut from our state and local law belief that the world’s poor are no less for whom it should. As chairman of the enforcement efforts while we continue human than we are, and they deserve a Finance Committee, I am committed writing blank checks for police in Iraq. fair shake for a hard day’s work. with my colleagues to reviewing and I hope that Mr. Sedgwick helps us re- America has crafted trade preference reevaluating our trade preference pro- verse this trend and turn the tide back programs for those hundreds of mil- grams to make them work better for against crime in rural areas and small- lions of poor around the world, not Americans and our trading partners. er cities where it has been on the rise. with a handout, but with a leg up. Let us do things the right way, the I congratulate the nominees and These preference programs offer more American way, and extend our pref- their families on their confirmations than 130 countries a way out of ex- erence programs. today. treme poverty—poverty that is not just Mr. LEVIN. I ask unanimous consent morally repugnant, but politically de- that a Reid substitute amendment at f stabilizing. Our GSP and ATPA pro- the desk be agreed to, the bill, as grams give developing country workers amended, be read a third time and LEGISLATIVE SESSION a living, rewards productive invest- passed, the motions to reconsider be ment, and grants better access to laid upon the table, with no inter- The PRESIDING OFFICER. Under America’s market. vening action or debate, and that any the previous order, the Senate will re- The benefits of these programs are statements related to the bill be print- turn to legislative session. mutual and create jobs that earn good ed in the RECORD.

VerDate Aug 31 2005 05:14 Oct 03, 2008 Jkt 079060 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 E:\CR\FM\G02OC6.075 S02OCPT1 rfrederick on PROD1PC67 with SENATE S10504 CONGRESSIONAL RECORD — SENATE October 2, 2008 The PRESIDING OFFICER. Without entitled ‘‘Concurrent resolution providing an incorporation by reference, I would objection, it is so ordered. for a conditional adjournment of the House love to do that. But I think I better re- The amendment (No. 5695) was agreed of Representatives and a conditional recess sist the temptation to do that and sim- to. or adjournment of the Senate.’’, do pass with ply refer our listeners and readers to the following amendments: (The amendment is printed in today’s On page 1, line 3, strike ‘‘from Monday, last night’s proceedings. RECORD under ‘‘Text of Amendments.’’) September 29, 2008, through Friday, October Our leaders spoke for not just every The amendment was ordered to be 3, 2008,’’ Senator but every member of the staff. engrossed and the bill read a third On page 2, line 2, strike ‘‘that’’ and all that Anyone who has known Dave and the time. follows through line 9 and insert: ‘‘the Sen- great work he has done for us and his The bill (H.R. 7222), as amended, was ate may adjourn or recess at any time from loyalty to this institution is grateful read the third time, and passed. Thursday, October 2, 2008, through January for that service and for those wonderful Mr. LEVIN. I suggest the absence of 3, 2009, on a motion offered pursuant to this words last night of our leaders. concurrent resolution by its Majority Leader a quorum. or his designee until such time as specified So, Mr. President, I ask unanimous The PRESIDING OFFICER. The in that motion, but not beyond noon on Jan- consent that the resolution and pre- clerk will call the roll. uary 3, 2009, and it may reassemble pursuant amble be agreed to en bloc and the mo- The legislative clerk proceeded to to section 2 of this concurrent resolution.’’ tions to reconsider be laid upon the call the roll. On page 2, line 15, strike ‘‘time’’ and insert: table en bloc. Mr. LEVIN. Mr. President, I ask ‘‘respective time’’. The PRESIDING OFFICER. Is there unanimous consent that the order for f objection? the quorum call be rescinded. Without objection, it is so ordered. COMMENDING DAVID J. TINSLEY The PRESIDING OFFICER. Without The resolution (S. Res. 702) was objection, it is so ordered. Mr. LEVIN. Mr. President, I ask agreed to. f unanimous consent that the Senate The preamble was agreed to. proceed to the immediate consider- f PROVIDING FOR A CONDITIONAL ation of S. Res. 702, and I ask that the ADJOURNMENT OF THE HOUSE resolution be read in full. ORDERS FOR MONDAY, OCTOBER 6, OF REPRESENTATIVES AND A The PRESIDING OFFICER. The 2008, THROUGH MONDAY, NOVEM- CONDITIONAL RECESS OR AD- clerk will report. BER 17, 2008 JOURNMENT OF THE SENATE The assistant legislative clerk read Mr. LEVIN. Mr. President, I ask Mr. LEVIN. Mr. President, I ask as follows: unanimous consent that when the Sen- unanimous consent that the Senate A resolution (S. Res. 702) commending ate completes its business today, it proceed to the immediate consider- David J. Tinsley on his service to the United stand in recess and convene at 3 p.m. ation of H. Con. Res. 440, the adjourn- States Senate. on Monday, October 6, 2008, for a pro ment resolution, which is at the desk. Whereas Dave Tinsley, a native of the forma session with no business con- The PRESIDING OFFICER. The Commonwealth of Virginia and graduate of ducted, except with the concurrence of clerk will report the concurrent resolu- Virginia Tech and the University of Mary- the two leaders; that following the pro tion by title. land, has worked in the Office of the Sec- forma session, the Senate recess for pro The legislative clerk read as follows: retary of the Senate since October 1977; Whereas Dave Tinsley has served the Sen- forma sessions with no business con- A concurrent resolution (H. Con. Res. 440) ate with distinction as a staff assistant, a ducted on the following days and providing for a conditional adjournment of reference assistant, as the assistant Execu- times: Tuesday, October 7 at 11 a.m.; the House of Representatives and a condi- tive Clerk, assistant Journal Clerk and as- tional recess or adjournment of the Senate. Friday, October 10 at 11 a.m.; Tuesday, sistant Legislative Clerk; October 14 at 12:30 p.m.; Thursday, Oc- There being no objection, the Senate Whereas Dave Tinsley has, since 1999, tober 16 at 10 a.m.; Monday, October 20 proceeded to consider the concurrent served as the Senate’s Legislative Clerk and at 3 p.m.; Thursday, October 23 at 2 resolution. Director of Legislative Services, supervising p.m.; Monday, October 27 at 9 a.m.; Mr. LEVIN. Mr. President, I ask 36 employees and has at all times discharged Thursday, October 30 at 9:15 a.m.; Mon- unanimous consent that the amend- his duties with dedication and diligence; Whereas Dave Tinsley’s sonorous voice is day, November 3 at 10 a.m.; Thursday, ment at the desk be considered and known to all in the Senate and the C–SPAN November 6 at 11 a.m.; Monday, No- agreed to, the concurrent resolution, as audience; vember 10 at 1 p.m.; and Thursday, No- amended, be agreed to, and the motions Whereas Dave Tinsley has earned the re- vember 13 at 3 p.m. to reconsider be laid upon the table. spect and affection of the Senators, their I further ask unanimous consent that The PRESIDING OFFICER. Without staffs and all of his colleagues for his calm when the Senate completes its pro objection, it is so ordered. and kind demeanor and his good humor; and forma session on Thursday, November The amendment (No. 5692) was agreed Whereas Dave Tinsley now retires from the 13, the Senate recess until 12 noon on to, as follows: Senate after 31 years to spend more time with his wife, Jane, and his children, Joe, Monday, November 17, and that fol- (Purpose: To change the date of the Dan and Katie: Now, therefore, be it lowing the prayer and the pledge, the reconvening of the Senate) Resolved, That the Senate expresses its ap- Journal of proceedings be approved to On page 1, line 3, strike ‘‘from Monday, preciation to Dave Tinsley and commends date, the time for the two leaders be September 29, 2008, through Friday, October him for his lengthy, faithful and outstanding 3, 2008,’’ service to the Senate. reserved for their use later in the day, On page 2, line 2, strike ‘‘that’’ and all that Resolved, That the Secretary of the Senate and the Senate proceed to a period of follows through line 9 and insert: shall transmit a copy of this resolution to morning business with Senators per- ‘‘the Senate may adjourn or recess at any David J. Tinsley. mitted to speak for up to 10 minutes time from Thursday, October 2, 2008, through There being no objection, the Senate each. January 3, 2009, on a motion offered pursuant proceeded to consider the resolution. The PRESIDING OFFICER. Without to this concurrent resolution by its Majority objection, it is so ordered. Leader or his designee until such time as Mr. LEVIN. Mr. President, I would specified in that motion, but not beyond only say, for those who are either read- f noon on January 3, 2009, and it may reassem- ing the RECORD at this point or watch- ble pursuant to section 2 of this concurrent ing or listening to the proceedings, PROGRAM resolution.’’ that our leaders spoke last night elo- Mr. LEVIN. Mr. President, the Sen- On page 2, line 15, strike ‘‘time’’ and insert quently about Dave Tinsley, his service ate will be in pro forma sessions until ‘‘respective time’’. to this Senate, to the Nation. Somehow November 17, unless the House of Rep- The concurrent resolution (H. Con. or other, I would love to see this reso- resentatives fails to pass or amends Res. 440), as amended, was agreed to, as lution connected with those words that H.R. 1424, the economic stabilization follows: were spoken in a very historic moment legislation. If the Senate is required to H. CON. RES. 440 last night, with, I think, just about act further, the Senate could resume Resolved, That the resolution from the every Senator in the Chamber, with legislative session on Monday, October House of Representatives (H. Con. Res. 440) the gallery filled, that if I could make 6.

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MARK J. GERENCSER, OF NEW JERSEY, TO BE A MEM- RECESS UNTIL MONDAY, OCTOBER consideration of the following nomina- BER OF THE NATIONAL SECURITY EDUCATION BOARD 6, 2008 tions and the nominations were con- FOR A TERM OF FOUR YEARS. Mr. LEVIN. Mr. President, if there is firmed: CORPORATION FOR PUBLIC BROADCASTING no further business to come before the JAMES FRANKLIN JEFFREY, OF VIRGINIA, A CAREER DAVID H. PRYOR, OF ARKANSAS, TO BE A MEMBER OF MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF THE BOARD OF DIRECTORS OF THE CORPORATION FOR Senate, I ask unanimous consent that CAREER MINISTER, TO BE AMBASSADOR EXTRAOR- PUBLIC BROADCASTING FOR A TERM EXPIRING JANU- it stand in recess under the previous DINARY AND PLENIPOTENTIARY OF THE UNITED STATES ARY 31, 2014. OF AMERICA TO THE REPUBLIC OF TURKEY. BRUCE M. RAMER, OF CALIFORNIA, TO BE A MEMBER order. FOREIGN SERVICE NOMINATIONS BEGINNING WITH OF THE BOARD OF DIRECTORS OF THE CORPORATION There being no objection, the Senate, ORNA T. BLUM AND ENDING WITH ALICE G. WELLS, FOR PUBLIC BROADCASTING FOR A TERM EXPIRING JAN- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE UARY 31, 2012. at 6:05 p.m., recessed until Monday, Oc- AND APPEARED IN THE CONGRESSIONAL RECORD ON ELIZABETH SEMBLER, OF FLORIDA, TO BE A MEMBER SEPTEMBER 9, 2008. OF THE BOARD OF DIRECTORS OF THE CORPORATION tober 6, 2008, at 3 p.m. FOREIGN SERVICE NOMINATIONS BEGINNING WITH FOR PUBLIC BROADCASTING FOR A TERM EXPIRING JAN- JONATHAN S. ADDLETON AND ENDING WITH RICHARD UARY 31, 2014. f WINSLOW WHELDEN, WHICH NOMINATIONS WERE RE- LORETTA CHERYL SUTLIFF, OF NEVADA, TO BE A MEM- CEIVED BY THE SENATE AND APPEARED IN THE CON- BER OF THE BOARD OF DIRECTORS OF THE CORPORA- DISCHARGED NOMINATIONS GRESSIONAL RECORD ON SEPTEMBER 12, 2008. TION FOR PUBLIC BROADCASTING FOR A TERM EXPIRING FOREIGN SERVICE NOMINATIONS BEGINNING WITH JANUARY 31, 2012. The Senate Committee on Com- JONATHAN TREVOR AUSTIN AND ENDING WITH DAVID IN THE COAST GUARD merce, Science, and Transportation MALCOLM ROBINSON, JR., WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CON- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT was discharged from further consider- GRESSIONAL RECORD ON SEPTEMBER 12, 2008. IN THE UNITED STATES COAST GUARD TO THE GRADE IN- FOREIGN SERVICE NOMINATIONS BEGINNING WITH DICATED UNDER SECTION 271, TITLE 14, U.S. CODE: ation of the following nominations and JOHN E. HERBST AND ENDING WITH XAVIER VAZQUEZ, the nominations were confirmed: WHICH NOMINATIONS WERE RECEIVED BY THE SENATE To be rear admiral AND APPEARED IN THE CONGRESSIONAL RECORD ON REAR ADM. (LH) CHRISTOPHER C. COLVIN COAST GUARD NOMINATIONS BEGINNING WITH MICAH SEPTEMBER 12, 2008. REAR ADM. (LH) DAVID T. GLENN N. ACREE AND ENDING WITH MICHAEL J. ZERUTO, WHICH ANTHONY H. GIOIA, OF NEW YORK, TO BE A REP- REAR ADM. (LH) MARY E. LANDRY NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- RESENTATIVE OF THE UNITED STATES OF AMERICA TO REAR ADM. (LH) RONALD J. RABAGO PEARED IN THE CONGRESSIONAL RECORD ON SEP- THE SIXTY-THIRD SESSION OF THE GENERAL ASSEMBLY REAR ADM. (LH) PAUL F. ZUKUNFT TEMBER 26, 2008. OF THE UNITED NATIONS. KAREN ELLIOTT HOUSE, OF NEW JERSEY, TO BE AN AL- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT The Senate Committee on Health, TERNATE REPRESENTATIVE OF THE UNITED STATES OF IN THE UNITED STATES COAST GUARD TO THE GRADE IN- Education, Labor, and Pensions was AMERICA TO THE SIXTY-THIRD SESSION OF THE GEN- DICATED UNDER SECTION 271, TITLE 14, U.S. CODE: ERAL ASSEMBLY OF THE UNITED NATIONS. discharged from further consideration To be rear admiral The Senate Committee on the Judici- of the following nominations and the REAR ADM. (LH) THOMAS F. ATKIN nominations were confirmed: ary was discharged from further con- REAR ADM. (LH) KEVIN S. COOK sideration of the following nomination REAR ADM. (LH) DANIEL A. NEPTUN KATHERINE O. MCCARY, OF VIRGINIA, TO BE A MEMBER REAR ADM. (LH) THOMAS P. OSTEBO OF THE NATIONAL COUNCIL ON DISABILITY FOR A TERM and the nomination was confirmed: REAR ADM. (LH) STEVEN H. RATTI EXPIRING SEPTEMBER 17, 2009. DENNIS MICHAEL KLEIN, OF KENTUCKY, TO BE UNITED REAR ADM. (LH) JAMES A. WATSON CHAD COLLEY, OF FLORIDA, TO BE A MEMBER OF THE STATES MARSHAL FOR THE EASTERN DISTRICT OF KEN- THE ABOVE NOMINATIONS WERE APPROVED SUBJECT NATIONAL COUNCIL ON DISABILITY FOR A TERM EXPIR- TUCKY FOR THE TERM OF FOUR YEARS. TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- ING SEPTEMBER 17, 2010. QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY VICTORIA RAY CARLSON, OF IOWA, TO BE A MEMBER f CONSTITUTED COMMITTEE OF THE SENATE. OF THE NATIONAL COUNCIL ON DISABILITY FOR A TERM EXPIRING SEPTEMBER 17, 2010. CONFIRMATIONS DEPARTMENT OF JUSTICE TONY J. WILLIAMS, OF WASHINGTON, TO BE A MEMBER OF THE NATIONAL COUNCIL ON DISABILITY FOR A TERM Executive Nominations Confirmed by DENNIS MICHAEL KLEIN, OF KENTUCKY, TO BE UNITED EXPIRING SEPTEMBER 17, 2009. the Senate Thursday, October 2, 2008: STATES MARSHAL FOR THE EASTERN DISTRICT OF KEN- JOHN R. VAUGHN, OF FLORIDA, TO BE A MEMBER OF TUCKY FOR THE TERM OF FOUR YEARS. THE NATIONAL COUNCIL ON DISABILITY FOR A TERM EX- DEPARTMENT OF VETERANS AFFAIRS DEPARTMENT OF STATE PIRING SEPTEMBER 17, 2010. CHRISTINE O. HILL, OF GEORGIA, TO BE AN ASSISTANT JOHN J. FASO, OF NEW YORK, TO BE A MEMBER OF THE JAMES FRANKLIN JEFFREY, OF VIRGINIA, A CAREER SECRETARY OF VETERANS AFFAIRS (CONGRESSIONAL BOARD OF TRUSTEES OF THE JAMES MADISON MEMO- MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF AFFAIRS). RIAL FELLOWSHIP FOUNDATION FOR A TERM EXPIRING CAREER MINISTER, TO BE AMBASSADOR EXTRAOR- MAY 29, 2013. DEPARTMENT OF STATE DINARY AND PLENIPOTENTIARY OF THE UNITED STATES JOE MANCHIN III, OF WEST VIRGINIA, TO BE A MEMBER OF AMERICA TO THE REPUBLIC OF TURKEY. OF THE BOARD OF TRUSTEES OF THE JAMES MADISON MATTHEW A. REYNOLDS, OF MASSACHUSETTS, TO BE ANTHONY H. GIOIA, OF NEW YORK, TO BE A REP- MEMORIAL FELLOWSHIP FOUNDATION FOR A TERM EX- AN ASSISTANT SECRETARYOF STATE (LEGISLATIVE AF- RESENTATIVE OF THE UNITED STATES OF AMERICA TO PIRING NOVEMBER 5, 2012. FAIRS). THE SIXTY-THIRD SESSION OF THE GENERAL ASSEMBLY HARVEY M. TETTLEBAUM, OF MISSOURI, TO BE A MEM- BRIAN H. HOOK, OF IOWA, TO BE AN ASSISTANT SEC- OFTHE UNITED NATIONS. BER OF THE BOARD OF TRUSTEES OF THE JAMES MADI- RETARY OF STATE (INTERNATIONAL ORGANIZATION AF- KAREN ELLIOTT HOUSE, OF NEW JERSEY, TO BE AN AL- SON MEMORIAL FELLOWSHIP FOUNDATION FOR A TERM FAIRS). TERNATE REPRESENTATIVE OF THE UNITED STATES OF EXPIRING OCTOBER 3, 2012. C. STEVEN MCGANN, OF NEW YORK, A CAREER MEMBER AMERICA TO THE SIXTY-THIRD SESSION OF THE GEN- MARYLYN ANDREA HOWE, OF MASSACHUSETTS, TO BE OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- ERAL ASSEMBLY OF THE UNITED NATIONS. A MEMBER OF THE NATIONAL COUNCIL ON DISABILITY SELOR, TO BE AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA DEPARTMENT OF THE TREASURY FOR A TERM EXPIRING SEPTEMBER 17, 2011. TO THE REPUBLIC OF THE FIJI ISLANDS, AND TO SERVE LONNIE C. MOORE, OF KANSAS, TO BE A MEMBER OF EDWIN ECK, OF MONTANA, TO BE A MEMBER OF THE IN- CONCURRENTLY AND WITHOUT ADDITIONAL COMPENSA- THE NATIONAL COUNCIL ON DISABILITY FOR A TERM EX- TERNAL REVENUE SERVICE OVERSIGHT BOARD FOR A TION AS AMBASSADOR EXTRAORDINARY AND PLENI- PIRING SEPTEMBER 17, 2011. TERM EXPIRING SEPTEMBER 14, 2013. POTENTIARY OF THE UNITED STATES OF AMERICA TO HEATHER MCCALLUM, OF GEORGIA, TO BE A MEMBER THE REPUBLIC OF NAURU, THE KINGDOM OF TONGA, FEDERAL MINE SAFETY AND HEALTH OF THE NATIONAL COUNCIL ON DISABILITY FOR A TERM TUVALU, AND THE REPUBLIC OF KIRIBATI. EXPIRING SEPTEMBER 17, 2011. ADMINISTRATION CAROL ANN RODLEY, OF VIRGINIA, A CAREER MEMBER MARY LUCILLE JORDAN, OF MARYLAND, TO BE A MEM- OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- MARY LUCILLE JORDAN, OF MARYLAND, TO BE A MEM- BER OF THE FEDERAL MINE SAFETY AND HEALTH RE- COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND BER OF THE FEDERAL MINE SAFETY AND HEALTH RE- VIEW COMMISSION FOR A TERM OF SIX YEARS EXPIRING PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA VIEW COMMISSION FOR A TERM OF SIX YEARS EXPIRING AUGUST 30, 2014. TO THE KINGDOM OF CAMBODIA. AUGUST 30, 2014. MICHAEL YOUNG, OF PENNSYLVANIA, TO BE A MEMBER SUNG Y. KIM, OF CALIFORNIA, A FOREIGN SERVICE OF- MICHAEL YOUNG, OF PENNSYLVANIA, TO BE A MEMBER OF THE FEDERAL MINE SAFETY AND HEALTH REVIEW FICER OF CLASS ONE, FOR THE RANK OF AMBASSADOR OF THE FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION FOR A TERM OF SIX YEARS EXPIRING AU- DURING HIS TENURE OF SERVICE AS SPECIAL ENVOY COMMISSION FOR A TERM OF SIX YEARS EXPIRING AU- GUST 30, 2014. FOR THE SIX PARTY TALKS. GUST 30, 2014. DAVE HEINEMAN, OF NEBRASKA, TO BE A MEMBER OF THE BOARD OF TRUSTEES OF THE HARRY S TRUMAN DEPARTMENT OF VETERANS AFFAIRS HARRY S TRUMAN SCHOLARSHIP FOUNDATION SCHOLARSHIP FOUNDATION FOR A TERM EXPIRING DE- PATRICK W. DUNNE, OF NEW YORK, TO BE UNDER SEC- CEMBER 10, 2011. DAVE HEINEMAN, OF NEBRASKA, TO BE A MEMBER OF RETARY FOR BENEFITS OF THE DEPARTMENT OF VET- ESIN GULARI, OF SOUTH CAROLINA, TO BE A MEMBER THE BOARD OF TRUSTEES OF THE HARRY S TRUMAN ERANS AFFAIRS. OF THE NATIONAL SCIENCE BOARD, NATIONAL SCIENCE SCHOLARSHIP FOUNDATION FOR A TERM EXPIRING DE- FOUNDATION, FOR A TERM EXPIRING MAY 10, 2014. FEDERAL LABOR RELATIONS AUTHORITY CEMBER 10, 2011. DIANE L. SOUVAINE, OF MASSACHUSETTS, TO BE A JAMES MADISON MEMORIAL FELLOWSHIP CAROL WALLER POPE, OF THE DISTRICT OF COLUMBIA, MEMBER OF THE NATIONAL SCIENCE BOARD, NATIONAL FOUNDATION SCIENCE FOUNDATION, FOR A TERM EXPIRING MAY 10, TO BE A MEMBER OF THE FEDERAL LABOR RELATIONS 2014. AUTHORITY FOR A TERM EXPIRING JULY 1, 2009, TO JOHN J. FASO, OF NEW YORK, TO BE A MEMBER OF THE JOANN FALLETTA, OF NEW YORK, TO BE A MEMBER OF WHICH POSITION SHE WAS APPOINTED DURING THE BOARD OF TRUSTEES OF THE JAMES MADISON MEMO- THE NATIONAL COUNCIL ON THE ARTS FOR THE REMAIN- LAST RECESS OF THE SENATE. RIAL FELLOWSHIP FOUNDATION FOR A TERM EXPIRING DER OF THE TERM EXPIRING SEPTEMBER 3, 2012. THOMAS M. BECK, OF VIRGINIA, TO BE A MEMBER OF MAY 29, 2013. LEE GREENWOOD, OF TENNESSEE, TO BE A MEMBER OF THE FEDERAL LABOR RELATIONS AUTHORITY FOR A JOE MANCHIN III, OF WEST VIRGINIA, TO BE A MEMBER THE NATIONAL COUNCIL ON THE ARTS FOR A TERM EX- TERM OF FIVE YEARS EXPIRING JULY 1, 2010. OF THE BOARD OF TRUSTEES OF THE JAMES MADISON PIRING SEPTEMBER 3, 2014. POSTAL REGULATORY COMMISSION MEMORIAL FELLOWSHIP FOUNDATION FOR A TERM EX- PIRING NOVEMBER 5, 2012. The Senate Committee on Finance RUTH Y. GOLDWAY, OF CALIFORNIA, TO BE A COMMIS- HARVEY M. TETTLEBAUM, OF MISSOURI, TO BE A MEM- was discharged from further consider- SIONER OF THE POSTAL REGULATORY COMMISSION FOR BER OF THE BOARD OF TRUSTEES OF THE JAMES MADI- THE TERM EXPIRING NOVEMBER 22, 2014. ation of the following nomination and SON MEMORIAL FELLOWSHIP FOUNDATION FOR A TERM DEPARTMENT OF DEFENSE EXPIRING OCTOBER 3, 2012. the nomination was confirmed: NATIONAL COUNCIL ON DISABILITY MICHAEL BRUCE DONLEY, OF VIRGINIA, TO BE SEC- EDWIN ECK, OF MONTANA, TO BE A MEMBER OF THE IN- RETARY OF THE AIR FORCE. MARYLYN ANDREA HOWE, OF MASSACHUSETTS, TO BE TERNAL REVENUE SERVICE OVERSIGHT BOARD FOR A NATIONAL SECURITY EDUCATION BOARD A MEMBER OF THE NATIONAL COUNCIL ON DISABILITY TERM EXPIRING SEPTEMBER 14, 2013. FOR A TERM EXPIRING SEPTEMBER 17, 2011. The Senate Committee on Foreign DAVID H. MCINTYRE, OF TEXAS, TO BE A MEMBER OF LONNIE C. MOORE, OF KANSAS, TO BE A MEMBER OF THE NATIONAL SECURITY EDUCATION BOARD FOR A THE NATIONAL COUNCIL ON DISABILITY FOR A TERM EX- Relations was discharged from further TERM OF FOUR YEARS. PIRING SEPTEMBER 17, 2011.

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HEATHER MCCALLUM, OF GEORGIA, TO BE A MEMBER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AND APPEARED IN THE CONGRESSIONAL RECORD ON OF THE NATIONAL COUNCIL ON DISABILITY FOR A TERM IN THE UNITED STATES ARMY TO THE GRADE INDICATED SEPTEMBER 9, 2008. EXPIRING SEPTEMBER 17, 2011. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND FOREIGN SERVICE NOMINATIONS BEGINNING WITH KATHERINE O. MCCARY, OF VIRGINIA, TO BE A MEMBER RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: JONATHAN S. ADDLETON AND ENDING WITH RICHARD OF THE NATIONAL COUNCIL ON DISABILITY FOR A TERM WINSLOW WHELDEN, WHICH NOMINATIONS WERE RE- EXPIRING SEPTEMBER 17, 2009. To be lieutenant general CEIVED BY THE SENATE AND APPEARED IN THE CON- CHAD COLLEY, OF FLORIDA, TO BE A MEMBER OF THE LT. GEN. WILLIAM G. WEBSTER, JR. GRESSIONAL RECORD ON SEPTEMBER 12, 2008. NATIONAL COUNCIL ON DISABILITY FOR A TERM EXPIR- FOREIGN SERVICE NOMINATIONS BEGINNING WITH ING SEPTEMBER 17, 2010. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JONATHAN TREVOR AUSTIN AND ENDING WITH DAVID VICTORIA RAY CARLSON, OF IOWA, TO BE A MEMBER IN THE UNITED STATES ARMY TO THE GRADE INDICATED MALCOLM ROBINSON, JR., WHICH NOMINATIONS WERE OF THE NATIONAL COUNCIL ON DISABILITY FOR A TERM UNDER TITLE 10, U.S.C., SECTION 624: RECEIVED BY THE SENATE AND APPEARED IN THE CON- EXPIRING SEPTEMBER 17, 2010. To be major general GRESSIONAL RECORD ON SEPTEMBER 12, 2008. TONY J. WILLIAMS, OF WASHINGTON, TO BE A MEMBER FOREIGN SERVICE NOMINATIONS BEGINNING WITH OF THE NATIONAL COUNCIL ON DISABILITY FOR A TERM BRIGADIER GENERAL DANIEL B. ALLYN JOHN E. HERBST AND ENDING WITH XAVIER VAZQUEZ, EXPIRING SEPTEMBER 17, 2009. BRIGADIER GENERAL RODNEY O. ANDERSON WHICH NOMINATIONS WERE RECEIVED BY THE SENATE JOHN R. VAUGHN, OF FLORIDA, TO BE A MEMBER OF BRIGADIER GENERAL JAMES O. BARCLAY III AND APPEARED IN THE CONGRESSIONAL RECORD ON THE NATIONAL COUNCIL ON DISABILITY FOR A TERM EX- BRIGADIER GENERAL ARTHUR M. BARTELL SEPTEMBER 12, 2008. PIRING SEPTEMBER 17, 2010. BRIGADIER GENERAL JOHN R. BARTLEY IN THE AIR FORCE NATIONAL FOUNDATION ON THE ARTS AND THE BRIGADIER GENERAL JOHN M. BEDNAREK BRIGADIER GENERAL DONALD M. CAMPBELL, JR. AIR FORCE NOMINATION OF SARAH C. L. SCULLION, TO HUMANITIES BRIGADIER GENERAL JOHN F. CAMPBELL BE LIEUTENANT COLONEL. JOANN FALLETTA, OF NEW YORK, TO BE A MEMBER OF BRIGADIER GENERAL CHARLES T. CLEVELAND AIR FORCE NOMINATION OF RICHARD E. CUTTS, TO BE THE NATIONAL COUNCIL ON THE ARTS FOR THE REMAIN- BRIGADIER GENERAL JEFFREY J. DORKO LIEUTENANT COLONEL. DER OF THE TERM EXPIRING SEPTEMBER 3, 2012. BRIGADIER GENERAL KENNETH S. DOWD AIR FORCE NOMINATION OF KARL L. BROWN, TO BE LEE GREENWOOD, OF TENNESSEE, TO BE A MEMBER OF BRIGADIER GENERAL MICHAEL FERRITER MAJOR. THE NATIONAL COUNCIL ON THE ARTS FOR A TERM EX- BRIGADIER GENERAL MICHAEL T. FLYNN AIR FORCE NOMINATIONS BEGINNING WITH ANDREW T. PIRING SEPTEMBER 3, 2014. BRIGADIER GENERAL WILLIAM B. GARRETT III HARKREADER AND ENDING WITH TARIS S. HAWKINS, BRIGADIER GENERAL JAMES L. HODGE WHICH NOMINATIONS WERE RECEIVED BY THE SENATE NATIONAL SCIENCE FOUNDATION BRIGADIER GENERAL JAMES L. HUGGINS, JR. AND APPEARED IN THE CONGRESSIONAL RECORD ON JULY 30, 2008. ESIN GULARI, OF SOUTH CAROLINA, TO BE A MEMBER BRIGADIER GENERAL JOHN D. JOHNSON AIR FORCE NOMINATIONS BEGINNING WITH DARRELL I. OF THE NATIONAL SCIENCE BOARD, NATIONAL SCIENCE BRIGADIER GENERAL NICKOLAS G. JUSTICE MORGAN AND ENDING WITH ROGER E. JONES, WHICH FOUNDATION, FOR A TERM EXPIRING MAY 10, 2014. BRIGADIER GENERAL SUSAN S. LAWRENCE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- DIANE L. SOUVAINE, OF MASSACHUSETTS, TO BE A BRIGADIER GENERAL KEVIN A. LEONARD PEARED IN THE CONGRESSIONAL RECORD ON SEP- MEMBER OF THE NATIONAL SCIENCE BOARD, NATIONAL BRIGADIER GENERAL GREGG F. MARTIN TEMBER 9, 2008. SCIENCE FOUNDATION, FOR A TERM EXPIRING MAY 10, BRIGADIER GENERAL JAMES M. MILANO AIR FORCE NOMINATIONS BEGINNING WITH THOMAS R. 2014. BRIGADIER GENERAL JOHN W. PEABODY BRIGADIER GENERAL DAVID G. PERKINS REED AND ENDING WITH VIJAYALAKSHMI SRIPATHY, DEPARTMENT OF JUSTICE BRIGADIER GENERAL JAMES L. TERRY WHICH NOMINATIONS WERE RECEIVED BY THE SENATE BRIGADIER GENERAL MICHAEL S. TUCKER AND APPEARED IN THE CONGRESSIONAL RECORD ON JEFFREY LEIGH SEDGWICK, OF MASSACHUSETTS, TO BRIGADIER GENERAL JOSEPH L. VOTEL SEPTEMBER 12, 2008. BE AN ASSISTANT ATTORNEY GENERAL. BRIGADIER GENERAL FRANCIS J. WIERCINSKI AIR FORCE NOMINATION OF DANIEL URIBE, TO BE GREGORY G. GARRE, OF MARYLAND, TO BE SOLICITOR BRIGADIER GENERAL TERRY A. WOLFF COLONEL. GENERAL OF THE UNITED STATES. AIR FORCE NOMINATION OF MARK A. LAMBERTSEN, TO GEORGE W. VENABLES, OF CALIFORNIA, TO BE UNITED THE FOLLOWING ARMY NATIONAL GUARD OF THE BE LIEUTENANT COLONEL. STATES MARSHAL FOR THE SOUTHERN DISTRICT OF UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- AIR FORCE NOMINATION OF RANDY L. MANELLA, TO BE CALIFORNIA FOR THE TERM OF FOUR YEARS. SERVE OF THE ARMY IN THE GRADE INDICATED WHILE LIEUTENANT COLONEL. A. BRIAN ALBRITTON, OF FLORIDA, TO BE UNITED ASSIGNED TO A POSITION OF IMPORTANCE AND RESPON- AIR FORCE NOMINATION OF TIMOTHY W. RICKS, TO BE STATES ATTORNEY FOR THE MIDDLE DISTRICT OF FLOR- SIBILITY UNDER TITLE 10, U.S.C., SECTION 601: LIEUTENANT COLONEL. IDA FOR THE TERM OF FOUR YEARS. AIR FORCE NOMINATIONS BEGINNING WITH MARCO V. To be lieutenant general ELECTION ASSISTANCE COMMISSION GALVEZ AND ENDING WITH JOHN T. SYMONDS, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- LT. GEN. H. STEVEN BLUM GRACIA M. HILLMAN, OF THE DISTRICT OF COLUMBIA, PEARED IN THE CONGRESSIONAL RECORD ON SEP- TO BE A MEMBER OF THE ELECTION ASSISTANCE COM- IN THE AIR FORCE TEMBER 12, 2008. MISSION FOR A TERM EXPIRING DECEMBER 12, 2009. AIR FORCE NOMINATIONS BEGINNING WITH JOHN J. DONETTA DAVIDSON, OF COLORADO, TO BE A MEMBER THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED ABBATIELLO AND ENDING WITH TIMOTHY A. ZOERLEIN, OF THE ELECTION ASSISTANCE COMMISSION FOR A STATES OFFICERS FOR APPOINTMENT IN THE RESERVE WHICH NOMINATIONS WERE RECEIVED BY THE SENATE TERM EXPIRING DECEMBER 12, 2011. OF THE AIR FORCE TO THE GRADES INDICATED UNDER AND APPEARED IN THE CONGRESSIONAL RECORD ON ROSEMARY E. RODRIGUEZ, OF COLORADO, TO BE A TITLE 10, U.S.C., SECTIONS 12203 AND 12212: SEPTEMBER 15, 2008. MEMBER OF THE ELECTION ASSISTANCE COMMISSION AIR FORCE NOMINATIONS BEGINNING WITH MICHELLE FOR A TERM EXPIRING DECEMBER 12, 2011. To be major general T. AARON AND ENDING WITH JULIE F. ZWIES, WHICH GINEEN BRESSO BEACH, OF NEW YORK, TO BE A MEM- BRIGADIER GENERAL GARRY C. DEAN NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- BER OF THE ELECTION ASSISTANCE COMMISSION FOR BRIGADIER GENERAL STEVEN R. DOOHEN PEARED IN THE CONGRESSIONAL RECORD ON SEP- THE REMAINDER OF THE TERM EXPIRING DECEMBER 12, BRIGADIER GENERAL DONALD E. FICK TEMBER 15, 2008. 2009. BRIGADIER GENERAL KATHLEEN E. FICK AIR FORCE NOMINATIONS BEGINNING WITH ELAINE M. ALEXA AND ENDING WITH DENNIS C. WOOTEN, WHICH IN THE NAVY BRIGADIER GENERAL LINDA K. MCTAGUE BRIGADIER GENERAL ALAN W. PALMER NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIGADIER GENERAL CHARLES E. TUCKER, JR. PEARED IN THE CONGRESSIONAL RECORD ON SEP- IN THE UNITED STATES NAVY TO THE GRADE INDICATED BRIGADIER GENERAL JANNETTE YOUNG TEMBER 15, 2008. UNDER TITLE 10, U.S.C., SECTION 624: AIR FORCE NOMINATIONS BEGINNING WITH NICOLA S. To be brigadier general ADAMS AND ENDING WITH TAMBRA L. YATES, WHICH To be rear admiral NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- COLONEL JOHN D. BLEDSOE, JR. PEARED IN THE CONGRESSIONAL RECORD ON SEP- REAR ADM. (LH) TIMOTHY V. FLYNN III COLONEL BREWSTER S. BUTTERS TEMBER 15, 2008. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT COLONEL CHARLES E. FOSTER, JR. AIR FORCE NOMINATIONS BEGINNING WITH JADE A. IN THE UNITED STATES NAVY RESERVE TO THE GRADE COLONEL MARK R. KRAUS ALOTA AND ENDING WITH MICHELLE L. WRIGHT, WHICH INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: COLONEL CATHERINE S. LUTZ NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- COLONEL JOSEPH K. MARTIN, JR. PEARED IN THE CONGRESSIONAL RECORD ON SEP- To be rear admiral (lower half) COLONEL JAY M. PEARSALL TEMBER 15, 2008. COLONEL JAMES W. SCHROEDER CAPT. GEORGE W. BALLANCE AIR FORCE NOMINATIONS BEGINNING WITH ROBERT L. IN THE NAVY CLARK AND ENDING WITH JOHN K. BINI, WHICH NOMINA- IN THE ARMY TIONS WERE RECEIVED BY THE SENATE AND APPEARED THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE CONGRESSIONAL RECORD ON SEPTEMBER 15, 2008. IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES ARMY TO THE GRADE INDICATED AIR FORCE NOMINATION OF THEODORE A. MICKLE, JR., WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND TO BE COLONEL. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: AIR FORCE NOMINATIONS BEGINNING WITH MICHAEL G. BUTEL AND ENDING WITH TIMOTHY S. WOODRUFF, To be lieutenant general To be vice admiral WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON BRIG. GEN. PATRICK J. O’REILLY REAR ADM. ALAN S. THOMPSON SEPTEMBER 15, 2008. IN THE ARMY IN THE AIR FORCE IN THE ARMY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARMY NOMINATION OF ALLEN D. FERRY, TO BE COLO- AS VICE CHIEF OF STAFF, UNITED STATES AIR FORCE, IN THE RESERVE OF THE ARMY TO THE GRADE INDI- NEL. AND APPOINTMENT TO THE GRADE INDICATED WHILE CATED UNDER TITLE 10, U.S.C., SECTION 12203: ARMY NOMINATION OF STEPHEN E. HUSKEY, TO BE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPON- To be brigadier general COLONEL. SIBILITY UNDER TITLE 10, U.S.C., SECTIONS 8034 AND 601: ARMY NOMINATIONS BEGINNING WITH JENNIFER A. To be general COL. KARLYNN P. O’SHAUGHNESSY HISGEN AND ENDING WITH VIVIAN C. SHAFER, WHICH THE FOLLOWING NAMED OFFICER FOR APPOINTMENT NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- LT. GEN. WILLIAM M. FRASER III IN THE UNITED STATES ARMY TO THE GRADE INDICATED PEARED IN THE CONGRESSIONAL RECORD ON JULY 30, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND 2008. AS THE CHIEF OF THE NATIONAL GUARD BUREAU AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ARMY NOMINATIONS BEGINNING WITH KORD H. BASNIGHT AND ENDING WITH FRANK D. WHITNEY, WHICH FOR APPOINTMENT TO THE GRADE INDICATED IN THE To be lieutenant general RESERVE OF THE AIR FORCE UNDER TITLE 10, U. S. C., NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- SECTIONS 601 AND 10502: MAJ. GEN. CARROLL F. POLLETT PEARED IN THE CONGRESSIONAL RECORD ON JULY 30, 2008. To be general IN THE COAST GUARD ARMY NOMINATIONS BEGINNING WITH BRADLEY AEBI AND ENDING WITH JONATHAN YUN, WHICH NOMINATIONS LT. GEN. CRAIG R. MCKINLEY COAST GUARD NOMINATIONS BEGINNING WITH MICAH WERE RECEIVED BY THE SENATE AND APPEARED IN THE IN THE ARMY N. ACREE AND ENDING WITH MICHAEL J. ZERUTO, WHICH CONGRESSIONAL RECORD ON JULY 30, 2008. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATIONS BEGINNING WITH JULIE A. AKE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PEARED IN THE CONGRESSIONAL RECORD ON SEP- AND ENDING WITH SCOTT E. YOUNG, WHICH NOMINA- IN THE UNITED STATES ARMY TO THE GRADE INDICATED TEMBER 26, 2008. TIONS WERE RECEIVED BY THE SENATE AND APPEARED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND FOREIGN SERVICE IN THE CONGRESSIONAL RECORD ON JULY 30, 2008. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ARMY NOMINATION OF MARK V. FLASCH, TO BE COLO- To be general FOREIGN SERVICE NOMINATIONS BEGINNING WITH NEL. ORNA T. BLUM AND ENDING WITH ALICE G. WELLS, ARMY NOMINATION OF STEVEN B. HORTON, TO BE GEN. DAVID D. MCKIERNAN WHICH NOMINATIONS WERE RECEIVED BY THE SENATE COLONEL.

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ARMY NOMINATION OF MARY F. BRAUN, TO BE COLO- ARMY NOMINATION OF NATHAN V. SWEETSER, TO BE NAVY NOMINATIONS BEGINNING WITH TIMOTHY R. NEL. LIEUTENANT COLONEL. CAMPO AND ENDING WITH JOHN E. WOODS III, WHICH ARMY NOMINATION OF JAMES C. BAYLEY, TO BE COLO- ARMY NOMINATIONS BEGINNING WITH DAVID E. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NEL. GRAETZ AND ENDING WITH STEPHEN E. VAUGHN, WHICH PEARED IN THE CONGRESSIONAL RECORD ON JULY 30, ARMY NOMINATION OF JOSE R. RAFOLS, TO BE MAJOR. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- 2008. ARMY NOMINATION OF MATTHEW MYLES, TO BE PEARED IN THE CONGRESSIONAL RECORD ON SEP- NAVY NOMINATIONS BEGINNING WITH MICHAEL M. AN- MAJOR. TEMBER 22, 2008. DREWS AND ENDING WITH JOSEPH ZULIANI, WHICH ARMY NOMINATION OF JAYANTHI KONDAMINI, TO BE ARMY NOMINATIONS BEGINNING WITH ORMAN W. BOYD NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- MAJOR. AND ENDING WITH D060774, WHICH NOMINATIONS WERE PEARED IN THE CONGRESSIONAL RECORD ON JULY 30, ARMY NOMINATIONS BEGINNING WITH KATHERINE G. RECEIVED BY THE SENATE AND APPEARED IN THE CON- 2008. ARTERBURN AND ENDING WITH JESSE C. WHITE, WHICH GRESSIONAL RECORD ON SEPTEMBER 22, 2008. NAVY NOMINATIONS BEGINNING WITH LASUMAR R. AR- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATIONS BEGINNING WITH CHRISTOPHER C. AGON AND ENDING WITH SARAH E. ZARRO, WHICH NOMI- PEARED IN THE CONGRESSIONAL RECORD ON SEP- CARLSON AND ENDING WITH JAMES G. WINTER, JR., NATIONS WERE RECEIVED BY THE SENATE AND AP- TEMBER 12, 2008. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE PEARED IN THE CONGRESSIONAL RECORD ON JULY 30, ARMY NOMINATIONS BEGINNING WITH LEEANN M. AND APPEARED IN THE CONGRESSIONAL RECORD ON 2008. CAPACE AND ENDING WITH DUAINE J. KACZINSKI, WHICH SEPTEMBER 22, 2008. NAVY NOMINATIONS BEGINNING WITH AUDREY G. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ADAMS AND ENDING WITH JAMES B. VERNON, WHICH PEARED IN THE CONGRESSIONAL RECORD ON SEP- IN THE COAST GUARD TEMBER 12, 2008. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- COAST GUARD NOMINATIONS BEGINNING WITH KURT A. PEARED IN THE CONGRESSIONAL RECORD ON JULY 30, ARMY NOMINATIONS BEGINNING WITH JOB ANDUJAR SEBASTIAN AND ENDING WITH GLENN M. SULMASY, AND ENDING WITH RALPH LAYMAN, WHICH NOMINA- 2008. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE NAVY NOMINATIONS BEGINNING WITH ADAM L. TIONS WERE RECEIVED BY THE SENATE AND APPEARED AND APPEARED IN THE CONGRESSIONAL RECORD ON IN THE CONGRESSIONAL RECORD ON SEPTEMBER 12, 2008. ALBARADO AND ENDING WITH DENNIS M. ZOGG, WHICH SEPTEMBER 15, 2008. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATION OF CHRIS D. FRITZ, TO BE COLO- COAST GUARD NOMINATIONS BEGINNING WITH JOHN J. PEARED IN THE CONGRESSIONAL RECORD ON JULY 30, NEL. ARENSTAM AND ENDING WITH JOHN D. WOOD, WHICH 2008. ARMY NOMINATIONS BEGINNING WITH SHANNON B. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATIONS BEGINNING WITH EMMANUEL C. BROWN AND ENDING WITH ARNOLD K. IAEA, WHICH NOMI- PEARED IN THE CONGRESSIONAL RECORD ON SEP- ARCELONA AND ENDING WITH BERNERD C. ZWAHLEN, NATIONS WERE RECEIVED BY THE SENATE AND AP- TEMBER 15, 2008. PEARED IN THE CONGRESSIONAL RECORD ON SEP- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE COAST GUARD NOMINATIONS BEGINNING WITH LARA A. TEMBER 15, 2008. AND APPEARED IN THE CONGRESSIONAL RECORD ON ANDERSON AND ENDING WITH CHRISTOPHER H. ZORMAN, ARMY NOMINATIONS BEGINNING WITH HOWARD DAVIS JULY 30, 2008. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND ENDING WITH JAMES WILKINSON, WHICH NOMINA- NAVY NOMINATIONS BEGINNING WITH CAL R. ABEL AND APPEARED IN THE CONGRESSIONAL RECORD ON TIONS WERE RECEIVED BY THE SENATE AND APPEARED AND ENDING WITH CHARLES B. ZUHOSKI, WHICH NOMINA- SEPTEMBER 15, 2008. IN THE CONGRESSIONAL RECORD ON SEPTEMBER 15, 2008. TIONS WERE RECEIVED BY THE SENATE AND APPEARED COAST GUARD NOMINATIONS BEGINNING WITH ROBERT ARMY NOMINATION OF KATHERINE L. FROEHLING, TO P. BRANC AND ENDING WITH HEKMAT D. TAMIMIE, WHICH IN THE CONGRESSIONAL RECORD ON JULY 30, 2008. BE COLONEL. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATIONS BEGINNING WITH STEVIC B. ABAD ARMY NOMINATION OF JONATHAN E. KRAFT, TO BE PEARED IN THE CONGRESSIONAL RECORD ON SEP- AND ENDING WITH NATHAN J. WONDER, WHICH NOMINA- COLONEL. TEMBER 16, 2008. TIONS WERE RECEIVED BY THE SENATE AND APPEARED ARMY NOMINATION OF D060712, TO BE COLONEL. IN THE CONGRESSIONAL RECORD ON SEPTEMBER 15, 2008. ARMY NOMINATIONS BEGINNING WITH PHILIP W. GAY IN THE NAVY NAVY NOMINATIONS BEGINNING WITH DANA E. ADKINS AND ENDING WITH TIMOTHY N. THOMBLESON, WHICH AND ENDING WITH VINCENT A. I. ZIZAK, WHICH NOMINA- NAVY NOMINATIONS BEGINNING WITH ANTHONY M. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- TIONS WERE RECEIVED BY THE SENATE AND APPEARED GRIFFAY AND ENDING WITH ANDREW G. LIGGETT, WHICH PEARED IN THE CONGRESSIONAL RECORD ON SEP- IN THE CONGRESSIONAL RECORD ON SEPTEMBER 15, 2008. TEMBER 16, 2008. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NAVY NOMINATIONS BEGINNING WITH CHRISTOPHER ARMY NOMINATION OF D060652, TO BE LIEUTENANT PEARED IN THE CONGRESSIONAL RECORD ON JULY 30, W. ABBOTT AND ENDING WITH TOM A. ZURAKOWSKI, COLONEL. 2008. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE ARMY NOMINATION OF TYRONE P. CRABB, TO BE LIEU- NAVY NOMINATION OF PATRICK J. FULLERTON, TO BE AND APPEARED IN THE CONGRESSIONAL RECORD ON TENANT COLONEL. LIEUTENANT COMMANDER. SEPTEMBER 15, 2008. ARMY NOMINATIONS BEGINNING WITH MICHAEL M. NAVY NOMINATIONS BEGINNING WITH JOSHUA D. KING AND ENDING WITH BRADLEY C. WARE, WHICH NOMI- CROUSE AND ENDING WITH DAVE S. EVANS, WHICH NOMI- NAVY NOMINATIONS BEGINNING WITH CATHERINE K. K. NATIONS WERE RECEIVED BY THE SENATE AND AP- NATIONS WERE RECEIVED BY THE SENATE AND AP- CHIAPPETTA AND ENDING WITH SYLVAINE W. WONG, PEARED IN THE CONGRESSIONAL RECORD ON SEP- PEARED IN THE CONGRESSIONAL RECORD ON JULY 30, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE TEMBER 16, 2008. 2008. AND APPEARED IN THE CONGRESSIONAL RECORD ON ARMY NOMINATIONS BEGINNING WITH D060674 AND NAVY NOMINATIONS BEGINNING WITH MATTHEW E. SEPTEMBER 15, 2008. ENDING WITH D060715, WHICH NOMINATIONS WERE RE- DUBROW AND ENDING WITH ROBERT S. THOMAS, WHICH NAVY NOMINATIONS BEGINNING WITH PAUL G. ALBERS CEIVED BY THE SENATE AND APPEARED IN THE CON- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- AND ENDING WITH JOHN P. ZALAR, WHICH NOMINATIONS GRESSIONAL RECORD ON SEPTEMBER 16, 2008. PEARED IN THE CONGRESSIONAL RECORD ON JULY 30, WERE RECEIVED BY THE SENATE AND APPEARED INTHE ARMY NOMINATION OF D060834, TO BE MAJOR. 2008. CONGRESSIONAL RECORD ON SEPTEMBER 15, 2008. ARMY NOMINATIONS BEGINNING WITH D060478 AND NAVY NOMINATIONS BEGINNING WITH ZACHARY A. NAVY NOMINATIONS BEGINNING WITH JOSEPH K. AHN ENDING WITH D060552, WHICH NOMINATIONS WERE RE- BEEHNER AND ENDING WITH DAVID R. WILCOX, WHICH AND ENDING WITH DAVID M. WRIGHT, WHICH NOMINA- CEIVED BY THE SENATE AND APPEARED IN THE CON- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- TIONS WERE RECEIVED BY THE SENATE AND APPEARED GRESSIONAL RECORD ON SEPTEMBER 16, 2008. PEARED IN THE CONGRESSIONAL RECORD ON JULY 30, IN THE CONGRESSIONAL RECORD ON SEPTEMBER 15, 2008. ARMY NOMINATIONS BEGINNING WITH D060513 AND 2008. NAVY NOMINATIONS BEGINNING WITH CASSIE L. ENDING WITH D070008, WHICH NOMINATIONS WERE RE- NAVY NOMINATIONS BEGINNING WITH DENVER L. ALLEN AND ENDING WITH DAVID S. YANG, WHICH NOMI- CEIVED BY THE SENATE AND APPEARED IN THE CON- APPLEHANS AND ENDING WITH CHRISTOPHER S. NATIONS WERE RECEIVED BY THE SENATE AND AP- GRESSIONAL RECORD ON SEPTEMBER 16, 2008. SERVELLO, WHICH NOMINATIONS WERE RECEIVED BY PEARED IN THE CONGRESSIONAL RECORD ON SEP- ARMY NOMINATIONS BEGINNING WITH JONATHAN S. THE SENATE AND APPEARED IN THE CONGRESSIONAL TEMBER 15, 2008. ACKISS AND ENDING WITH D070159, WHICH NOMINATIONS RECORD ON JULY 30, 2008. NAVY NOMINATIONS BEGINNING WITH FERDINAND D. WERE RECEIVED BY THE SENATE AND APPEARED IN THE NAVY NOMINATIONS BEGINNING WITH LYLE P. ABRIL AND ENDING WITH YUE K. ZHANG, WHICH NOMINA- CONGRESSIONAL RECORD ON SEPTEMBER 16, 2008. AINSWORTH AND ENDING WITH JUAN C. VARELA, WHICH TIONS WERE RECEIVED BY THE SENATE AND APPEARED ARMY NOMINATIONS BEGINNING WITH STEPHEN L. AD- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- IN THE CONGRESSIONAL RECORD ON SEPTEMBER 15, 2008. AMSON AND ENDING WITH X0005, WHICH NOMINATIONS PEARED IN THE CONGRESSIONAL RECORD ON JULY 30, NAVY NOMINATIONS BEGINNING WITH PALMO S. WERE RECEIVED BY THE SENATE AND APPEARED IN THE 2008. BARRERA AND ENDING WITH HORACIO G. TAN, WHICH CONGRESSIONAL RECORD ON SEPTEMBER 16, 2008. NAVY NOMINATIONS BEGINNING WITH RODNEY O. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATIONS BEGINNING WITH MATTHEW T. ADAMS AND ENDING WITH STEVEN T. WISNOSKI, WHICH PEARED IN THE CONGRESSIONAL RECORD ON SEP- ADAMCZYK AND ENDING WITH D060798, WHICH NOMINA- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- TEMBER 15, 2008. TIONS WERE RECEIVED BY THE SENATE AND APPEARED PEARED IN THE CONGRESSIONAL RECORD ON JULY 30, NAVY NOMINATION OF JEFFEREY R. JERNIGAN, TO BE IN THE CONGRESSIONAL RECORD ON SEPTEMBER 16, 2008. 2008. CAPTAIN.

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