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, FRIDAY, AUGUST 1, 2008 No. 130 Senate The Senate met at 9:30 a.m. and was U.S. SENATE, MEASURE PLACED ON THE called to order by the Honorable PRESIDENT PRO TEMPORE, CALENDAR—S. 3406 Washington, DC, August 1, 2008. SHERROD BROWN, a Senator from the Mr. REID. Mr. President, S. 3406 is at State of Ohio. To the Senate: Under the provisions of rule I, paragraph 3, the desk and is due for a second read- of the Standing Rules of the Senate, I hereby ing. PRAYER appoint the Honorable SHERROD BROWN, a The ACTING PRESIDENT pro tem- The Chaplain, Dr. Barry C. Black, of- Senator from the State of Ohio, to perform pore. The clerk will read the title of fered the following prayer: the duties of the Chair. the bill for the second time. Let us pray. ROBERT C. BYRD, The legislative clerk read as follows: President pro tempore. O give thanks to the Lord, for He is A bill (S. 3406) to restore the intent and good; His steadfast love endures for- Mr. BROWN thereupon assumed the protections of the Americans with Disabil- ever. (Psalm 118:1) chair as Acting President pro tempore. ities Act of 1990. As we approach the August break, we Mr. REID. Mr. President, I object to thank You, Lord, for the physical, f any further proceedings with respect to mental, and spiritual energy which en- the bill. ables our lawmakers to do their work. RESERVATION OF LEADER TIME The ACTING PRESIDENT pro tem- We praise You for the efforts of honor- The ACTING PRESIDENT pro tem- pore. Objection is heard. able men and women who relentlessly pore. Under the previous order, the The bill will be placed on the cal- pursue good for all people. Thank You leadership time is reserved. endar. for the wise and patient leaders who f f seek to guide their parties to just and ANIMAL DRUG USER FEE equitable decisions. Thank You also for AMENDMENTS OF 2008 the tireless labors of dedicated office NATIONAL DEFENSE AUTHORIZA- and Senate staffs and for the pages who TION ACT FOR FISCAL YEAR Mr. REID. Mr. President, I ask unan- give indispensable support to the legis- 2009—MOTION TO PROCEED imous consent that the Senate proceed lative process. to the consideration of H.R. 6432. The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- Father, we thank You that the Sen- pore. Under the previous order, the pore. The clerk will report the bill by ate is a family and that in spite of our Senate will resume consideration of title. differences, we belong to You and to the motion to proceed to S. 3001, which The legislative clerk read as follows: each other. For all of Your wonderful the clerk will report by title. gifts to us, we give You praise. A bill (H.R. 6432) to amend the Federal The legislative clerk read as follows: Food, Drug, and Cosmetic Act to revise and We pray in Your great Name. Amen. Motion to proceed to the bill (S. 3001) to extend the animal drug user fee program, to f authorize appropriations for fiscal year 2009 establish a program of fees relating to ge- for military activities of the Department of neric new animal drugs, to make certain PLEDGE OF ALLEGIANCE Defense, for military construction, and for technical corrections to the Food and Drug defense activities of the Department of En- Administration Amendments Act of 2007, and The Honorable SHERROD BROWN led ergy, to prescribe military personnel for other purposes. the Pledge of Allegiance, as follows: strengths for such fiscal year, and for other There being no objection, the Senate I pledge allegiance to the Flag of the purposes. proceeded to consider the bill. United States of America, and to the Repub- The ACTING PRESIDENT pro tem- Mr. REID. Mr. President, I ask unan- lic for which it stands, one nation under God, pore. The majority leader is recog- imous consent that the bill be read a indivisible, with liberty and justice for all. nized. third time and passed, the motion to f Mr. REID. Mr. President, we are reconsider be laid upon the table, that going to be on the Defense authoriza- there be no further debate, and that APPOINTMENT OF ACTING tion bill during today’s period of de- any statements relating to the bill be PRESIDENT PRO TEMPORE bate. Senators will be allowed to speak printed in the RECORD. The PRESIDING OFFICER. The for up to 10 minutes each. That is the The ACTING PRESIDENT pro tem- clerk will please read a communication order. Is that order in effect now or do pore. Without objection, it is so or- to the Senate from the President pro I need to ask consent for that? dered. tempore (Mr. BYRD). The ACTING PRESIDENT pro tem- The bill (H.R. 6432) was ordered to a The legislative clerk read the fol- pore. The Senator is correct, the order third reading, was read the third time, lowing letter: is in effect now. and passed.

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

S7983

.

VerDate Aug 31 2005 01:58 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.000 S01AUPT1 erowe on PRODPC61 with SENATE S7984 CONGRESSIONAL RECORD — SENATE August 1, 2008 THE CALENDAR service located at 10449 White Granite son MARK has replaced him. MARK has Mr. REID. Mr. President, I ask unan- Drive in Oakton, Virginia, as the ‘‘Pri- all the same characteristics as his dad. imous consent that the Senate proceed vate First class David H. Sharrett II He is a man with a lot of humility. He to the consideration of the following Post Office Building,’’ was ordered to a works very hard. He knows the legisla- items en bloc: Calendar Nos. 913 third reading, read the third time, and tive process. He was attorney general through 920. passed. of the State of Arkansas. He is an out- The ACTING PRESIDENT pro tem- f standing lawyer. pore. Without objection, it is so or- There were a lot of reasons we were CORPORAL BRADLEY T. ARMS able to complete that most significant dered. POST OFFICE BUILDING The Senate proceeded to consider the legislation last night, the Consumer bills en bloc. The bill (H.R. 5631) to designate the Product Safety Modernization Act. But Mr. REID. Mr. President, I ask unan- facility of the United States Postal it is the most sweeping improvement of imous consent that the bills be read a service located at 1155 Seminole Trail the law that has taken place since the third time and passed en bloc, the mo- in Charlottesville, Virginia, as the law was passed some 40 years ago. It tions to reconsider be laid upon the ‘‘Corporal Bradley T. Arms Post Office was done under the direction of Sen- table, with no intervening action or de- Building,’’ was ordered to a third read- ator INOUYE. But Senator INOUYE gives bate, and that any statements relating ing, read the third time, and passed. credit to MARK PRYOR who worked so to these measures be printed in the f hard to arrive at the solution he did, which was a piece of legislation that RECORD. KENNETH JAMES GRAY POST passed overwhelmingly in this body. The ACTING PRESIDENT pro tem- OFFICE BUILDING pore. Without objection, it is so or- So, Mr. President, with that brief The bill (H.R. 6061) to designate the dered. background, I ask unanimous consent facility of the United States Postal that Senator PRYOR be designated as f service located at 219 East Main Street Acting President pro tempore of the CEECEE ROSS LYLES POST OFFICE in West Frankfort, Illinois, as the Senate for the purpose of signing the BUILDING ‘‘Kenneth James Gray Post Office conference report to accompany H.R. The bill (S. 3241) to designate the fa- Building,’’ was ordered to a third read- 4040, the Consumer Product Safety cility of the United States Postal Serv- ing, read the third time, and passed. Modernization Act. ice located at 1717 Orange Avenue in f The ACTING PRESIDENT pro tem- pore. Without objection, it is so or- Fort Pierce, Florida, as the ‘‘CeeCee GERALD R. FORD POST OFFICE dered. Ross Lyles Post Office Building,’’ was BUILDING ordered to be engrossed for a third Mr. REID. Mr. President, I suggest The bill (H.R. 6085) to designate the reading, read the third time, and the absence of a quorum. facility of the United States Postal passed, as follows: The ACTING PRESIDENT pro tem- service located at 42222 Rancho Las pore. The clerk will call the roll. S. 3241 Palmas Drive in Rancho Mirage, Cali- The legislative clerk proceeded to Be it enacted by the Senate and House of Rep- fornia, as the ‘‘Gerald R. Ford Post Of- call the roll. resentatives of the United States of America in fice Building,’’ was ordered to a third Mr. HATCH. Mr. President, I ask Congress assembled, reading, read the third time, and unanimous consent that the order for SECTION 1. CEECEE ROSS LYLES POST OFFICE BUILDING. passed. the quorum call be rescinded. (a) DESIGNATION.—The facility of the f The ACTING PRESIDENT pro tem- pore. Without objection, it is so or- United States Postal Service located at 1717 JOHN P. GALLAGHER POST OFFICE Orange Avenue in Fort Pierce, Florida, shall dered. BUILDING be known and designated as the ‘‘CeeCee f Ross Lyles Post Office Building’’. The bill (H.R. 6150) to designate the (b) REFERENCES.—Any reference in a law, facility of the United States Postal NATIONAL DEFENSE AUTHORIZA- map, regulation, document, paper, or other service located at 14500 Lorain Avenue TION ACT FOR FISCAL YEAR record of the United States to the facility re- in Cleveland, Ohio, as the ‘‘John P. 2009—MOTION TO PROCEED—Con- ferred to in subsection (a) shall be deemed to tinued be a reference to the ‘‘CeeCee Ross Lyles Gallagher Post Office Building,’’ was Post Office Building’’. ordered to a third reading, read the Mr. HATCH. Mr. President, what is third time, and passed. the parliamentary state? f f The ACTING PRESIDENT pro tem- DOCK M. BROWN POST OFFICE pore. The Senate is on the motion to BUILDING DESIGNATING SENATOR PRYOR AS proceed to S. 3001, with Senators per- ACTING PRESIDENT PRO TEMPORE The bill (H.R. 4210) to designate the mitted to speak for up to 10 minutes. facility of the United States Postal Mr. REID. Mr. President, I had the Mr. HATCH. Thank you, Mr. Presi- Service located at 401 Washington Ave- good fortune in the Senate of serving dent. nue in Weldon, North Carolina, as the with David Pryor, the Senator from Will the Chair please let me know ‘‘Dock M. Brown Post Office Building,’’ Arkansas. He was a member of the Fi- when 9 minutes has expired. was ordered to a third reading, read the nance Committee and other very re- The ACTING PRESIDENT pro tem- third time, and passed. sponsible positions, including the Eth- pore. The Senator will be notified. ics Committee. He was, I believe, what UNITED STATES ECONOMY f the stereotype of a Senator should be. Mr. HATCH. Mr. President, yesterday CHI MUI POST OFFICE BUILDING He worked hard and he is very smart. the Government released the second The bill (H.R. 5477) to designate the He was so easy to get along with. I do quarter performance of the U.S. econ- facility of the United States Postal not think I have ever served with a bet- omy, and I am sorry to say the report Service located at 120 South Del Mar ter legislator in my life than David looks dismal. I, along with the rest of Avenue in San Gabriel, California, as Pryor. Americans, am outraged that Congress the ‘‘Chi Mui Post Office Building,’’ Unfortunately for Arkansas and our will depart shortly for a 5-week recess was ordered to a third reading, read the country, he was taken ill. He had a without addressing the most pressing third time, and passed. very severe heart attack and decided issue of this Congress: our ailing econ- f not to run for reelection. He is doing omy and in particular energy. During well. He is healthy. I talk to him on oc- this past month, we have passed bills PRIVATE FIRST CLASS DAVID H. casion. Whenever I go to Arkansas, I to provide $50 billion for support of SHARRETT II POST OFFICE see him. But what a wonderful man to international programs to combat HIV/ BUILDING know. AIDS, for Medicare, and to improve The bill (H.R. 5483) to designate the The reason I mention that, fortu- FISA. This past week, we finally facility of the United States Postal nately for the people of Arkansas, his passed a bill that addresses a sector of

VerDate Aug 31 2005 01:58 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.001 S01AUPT1 erowe on PRODPC61 with SENATE August 1, 2008 CONGRESSIONAL RECORD — SENATE S7985 our economy by revamping Fannie Mae other moratorium on it—just on pre- housing market in my home State. St. and Freddie Mac. I certainly believe we paring the rules pursuant to which we George, in the southwestern part of can and should have done more than can develop these vast resources that Utah, and Provo, UT, were among the that. would help bring prices down. It top ten fastest-growing metro areas in In November of 2006, my party lost wouldn’t happen overnight, but I tell the United States between 2000 and the majority in Congress, in both the you one thing, if we went and tried to 2006, with a growth of 39.8 percent and House of Representatives and in the do all these things and we announced 25.9 percent respectively. As you can Senate. The Democrats ran on a plat- we were going to do them, I believe gas see, our economy has all kinds of fore- form of change, what they called ‘‘A prices would automatically come down closures; in Utah we are up to 141 per- New Direction For America.’’ The quite a bit more than they are right cent. That is twice the national in- Democrats pledged to push forward a now. crease from a year ago. 100-hour agenda that touted a change This past week, the majority leader Last week, my friends on the other in ethics, an increase in the minimum brought a bill to the floor to curtail oil side of the aisle pushed through a hous- wage, and a rollback in subsidies for price speculation, and while this was a ing bill that some estimate will pro- the oil and gas industry. Look where start, my party tried to amend this bill vide a temporary financial housing that ‘‘direction’’ has led us. The price to provide real solutions, ranging from lifeline by benefiting only 13 percent of of energy has skyrocketed, the housing expanding offshore drilling to boosting the estimated 300,000 homeowners who market has deteriorated, and the un- oil shale production. We were pre- will likely lose their homes in the next employment rate is on the rise. Across vented from offering these various year. I supported earlier versions of the the Nation, we are feeling the effects of amendments, which was an oppor- bill, but as it moved through the proc- the crumbling economy. Yesterday, tunity to increase energy supply and to ess and took on new provisions, my res- Bennigans and Steak & Ale restaurants send the rest of the world a message ervations grew. There is more to be have filed for bankruptcy, and that we are going to get serious about said about the bill than I have time for Starbucks has recently announced the helping ourselves instead of sending now, but I have a statement in the closing of 600 stores across America. It $700 billion every year off some shore RECORD on the subject. Let me say I is time for the majority to wake up and for offshore oil. think too many people and organiza- smell the coffee. Across the Capitol, the House refuses tions that do not deserve it will be Viewing this chart, it is no wonder to even bring up legislation involving bailed out by what is now housing law. why the congressional approval ratings offshore drilling. I do not know how I I am also concerned that some of the are at an alltime low, at 12 percent. can return home to my home State of provisions in the bill are shortsighted. Congressional approval: 12 percent. Utah and explain to constituents such For example, we created a new regu- Congress has failed to act when Ameri- as Bill Howard, a farmer who has to in- lator for Fannie Mae and Freddie Mac, cans need it the most. crease the price of his cattle and hogs which is fine, but then we created what At the end of 2006, when the Repub- to combat fuel costs, that we cannot do could possibly become a huge taxpayer- licans controlled Congress, the average anything about the soaring gas prices funded backstop, to put it nicely. Some retail price of regular unleaded gaso- unless it is paid for and hurts the oil have proposed that we cut the Govern- line, according to the Energy Informa- and gas industry. Americans need af- ment’s ties to Fannie and Freddie, tion Administration, was $2.59. Look fordable energy now. make them truly private companies, where it is today. If we look at the results of Demo- and incentivize more competition. In June of this year, the average cratic policies on job growth in our Maybe we need to start the discussion price of regular unleaded gasoline hit country, we are met with the same dis- now so taxpayers are not on the hook an average of $4.06. Our friends on the appointment. Here is where we are. The should future crises arise. We are on other side have done absolutely noth- unemployment rate in 2006 was 4.4 per- the brink of a recession and we need ing to address the rising costs of en- cent. Today it is up to 5.5 percent. leadership. ergy, and we are going home without Less jobs means people spend less. The Democrats’ ‘‘New Direction For having done so. We have proposed in- When we spend less, companies start America’’ has led us down a road to creasing the supply off our coasts, ex- cutting back, laying off employees, and economic hardship and Americans de- serve to have the economy driving on tending the expiring energy tax incen- reducing employee salaries. This all cylinders. With the government- tives, and reducing our dependence on causes us to spend even less and the vi- sponsored housing enterprises, high en- foreign oil by providing alternative en- cious economic cycle continues. We ergy and food prices, and the insta- ergy resources. The majority refuses to need to put more money back into the bility of financial institutions, we are provide any solid bipartisan solutions taxpayers’ pockets over a long period in a state of economic slowdown. But because they keep insisting on their of time in order to create a virtuous perverse let’s-grow-the-Government, there is hope. economic cycle. Among the tax extend- Much like today, when I came to the pay-as-you-go rules and combating the ers bill, which has failed to pass the Senate over 30 years ago, the unem- oil and gas industry as though they are Senate again and again, is the research ployment rate was rising, inflation was the evil cause of everything. The fact is tax credit. Seventy percent of research accelerating, and the GDP was begin- the Government does not produce one tax credit dollars are used for wages of ning to decline. The economy was a drop of oil. It does not drill one explo- R&D employees. That is creating jobs. major problem facing Americans. In re- ration well. It does not refine even 1 I have been the champion of the R&D sponse, we provided long-term solu- gallon of gasoline, and it doesn’t build tax credit, along with Senator BAUCUS, tions to our ailing economy by low- 1 foot of pipeline. Somehow, though, for years. ering taxes and increasing investment my colleagues on the other side of the We should provide tax relief not and growth. While the economy today aisle think every answer to dropping through economic stimulus packages is bleak, I believe there is hope because gas prices is more Government—more or on a year-to-year basis but over a we have been here before. However, I do Government moratoria on drilling, long period of time so the taxpayers not know why the majority has not ad- more taxes on energy companies, more can depend on this relief. That is why dressed this dire situation before ad- regulation of the commodity markets, it is so important that when we talk journing. more moratoriums on the development about economic stimulus, we should There are some real problems facing of oil shale, where we have somewhere look at solutions rather than rebate the American economy, and together between 800 billion and 2 trillion bar- checks and bailouts, such as repealing we can deal with them. rels of oil that can be recovered. It is the alternative minimum tax and mak- The ACTING PRESIDENT pro tem- doable. Estonia has been doing it for ing certain tax cuts permanent such as pore. The Senator has 1 minute re- the last 80 years. Brazil has been doing the research tax credit. maining. it for the last three decades. We can do Looking toward the housing market, Mr. HATCH. Thank you, Mr. Presi- it, but there is a moratorium that we still are puzzled why the majority dent. doesn’t expire until September, and has not provided solutions to help the Most of these problems are self-in- now the Democrats want to put an- economy. We have been hit hard by the flicted, due to some major financial

VerDate Aug 31 2005 01:58 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.004 S01AUPT1 erowe on PRODPC61 with SENATE S7986 CONGRESSIONAL RECORD — SENATE August 1, 2008 mistakes in our country. Congress has would not have thought very long ago have no affect on our colleagues. Make passed some legislation aimed at im- that America was a country in which no mistake about it, more drilling proving our economy, but these short- tens of thousands of Americans would means higher profits for Exxon, Shell, term, bandaid solutions will eventually be thrown out of their own homes, but BP, and especially for DICK CHENEY’s exacerbate the increasing deficit, and there we are. former employer, Halliburton, which we will find ourselves back in the same Even those well off enough to own provides drilling products and services. situation. More spending certainly is stock have seen the consequences of Exxon is committed to an oil econ- not the answer. the Bush economy. In the Clinton omy that has no future for this coun- When we return from our August re- years, the Dow Jones industrial aver- try. They earned $11.7 billion in profits cess, I encourage Congress to debate age climbed 129 percent. In the Bush in the last 3 months, but in the 4 years how we can fix our ailing economy. I years, it has climbed exactly 0.7 per- between 2003 and 2007, Exxon spent just believe we can take steps toward reduc- cent. I ask my colleagues on the other $20 million on research and develop- ing unemployment, slowing inflation, side of the aisle whether they think ment of alternative and renewable and increasing investment and growth. their investor friends would prefer 129 transportation fuel technologies. That I also believe we need to look at re- percent capital gains and then paying a is $20 million in 4 years, which is $5 forming our Tax Code. Our tax system fair tax on those capital gains or million a year. That $5 million a year has become burdensome and overly whether they would prefer having big is $1.25 million a quarter. If you com- complicated. It discourages investment fights about what the capital gains tax pare $1.25 million a quarter to $11.7 bil- at a time when we desperately need it rate is, but nobody makes any money. lion in profits, what you find out is most. For too long we have delayed ad- While American families and Amer- that for every $10,000 in profit dressing our economy, and we owe a lot ican workers struggle in the Bush ExxonMobil makes, it spends $1 on al- better service to our fellow Americans. economy, there is one special, favored ternative fuels. I am sure that in Ohio I yield the floor. industry that is laughing all the way to the Presiding Officer is seeing the same The ACTING PRESIDENT pro tem- the bank. Eight years of two oilmen in advertisements we are seeing in Rhode pore. The Senator from Rhode Island is the White House has brought over $4-a- Island—wonderful Exxon ads with sci- recognized. gallon gasoline for American con- entists and molecules, telling us how Mr. WHITEHOUSE. I ask unanimous sumers and absolutely grotesque prof- they are investing in the future. But it consent to speak for 10 minutes as in its for the biggest oil companies. is $1 for every $10,000 they put in their morning business. Yesterday, once again, the largest of pockets. The ACTING PRESIDENT pro tem- these international giants—Exxon- A recent Wall Street Journal article pore. Without objection, it is so or- Mobil—announced recordbreaking prof- reported that the big oil companies dered. its. ExxonMobil’s second-quarter prof- spent $52.5 million on advertisements OIL COMPANY PROFITS its were the highest in the company’s to burnish their images in the first Mr. WHITEHOUSE. Let me begin by history. They were the highest in the quarter of the year. That is an saying, as we leave for our August re- history of the entire oil industry. In annualized rate of $200 million in ads. cess very shortly, what a pleasure it fact, Exxon’s $11.7 billion profits for Of course, many of these environ- has been for me to serve with the dis- this last quarter were the highest cor- mental ads say: We are green now, just tinguished Senator from Utah on the porate profits in the history of the watch us. Well, if you assume that of Judiciary Committee during these first United States. These profits, indeed, that $52.5 million, a quarter of it was months of my first term in this body. I are the highest in the history of the Exxon, that is $12.5 million. If you as- would respond to what he has said by universe as we know it. sume that just a quarter of that 12.5 suggesting that if he and his colleagues Think about that: $11.7 billion in just was spent on green ads and the rest on would actually let us lead, we would be 3 months. The U.S. Department of other stuff, that is $3 million. That able to solve a lot of the problems he Transportation estimates that there means they spend three times as much discussed and that were indicated on are 250 million passenger vehicles in advertising their green research as those graphs. However, instead of let- the United States. Exxon’s $11.7 billion they do actually doing their green re- ting us lead, they have embarked on a second-quarter profits amount to a search. It is the biggest sham in the strategy of creating gridlock in this in- quarterly tax of $47 on every car and world. stitution with—I think at this point we truck in the country. That is just for I hope when Americans see these ads are at 92 or more filibusters—which is one quarter. If you have ever wondered in magazines and elsewhere they know the world record in the history of this where the $60 or the $80 or even the $100 they are being had. It is $1 in research, country—and climbing. I think what that it might cost to fill your tank $3 in advertising about it, and $10,000 in has happened to this body is my col- goes, take a look at this. Gas prices are profits. That is the ratio. That is not a leagues on the other side have made definitely going up; there is no doubt ratio anybody should be very proud of. the decision that the record of George about that. We all experience the pain If only Exxon and the other oil giants Bush is hopeless, the Republican mes- at the pump. But compared to how gas would devote some of their advertising sage is shot, and their only salvation is prices are going up, look at what is budget to R&D, then we might be bet- to call down a pox on both our Houses happening to oil company profits. As ter off. We don’t need sham solutions. and try to disable this institution, try gas prices have risen, oil company prof- We need results. to prevent us from doing essentially its have soared. If Exxon continues to Yesterday, I signed on to a letter au- anything. It also has the added benefit reap profits at this level, in 2008 alone, thored by our assistant majority lead- of allowing the Executive more leeway, you will pay for every car a $188 oil er, Senator DURBIN of Illinois, to re- and it confers more power on George profits fee to ExxonMobil per car—$188 quest of President Bush to release Bush, which I think is a mistake, given on every car in America—for the profit. about 10 percent—or 70 million bar- the way the record has shown his judg- That is not counting the hundreds of rels—from the Strategic Petroleum Re- ments have worked out. billions of dollars raked in by the four serve. That sale would immediately For instance, take a look at what has other major international oil compa- lower gas prices and generate over $8 happened in the Bush economy every nies doing business in our country. billion, which is money that could be day and getting worse and worse. Since We are facing a true energy crisis. In- used to invest in alternative sources of George Bush and DICK CHENEY took of- stead of working with us to solve it, energy for real—not the phony show fice in 2001, wages in America have re- our colleagues on the other side of the ExxonMobil is putting on—so that we mained stagnant, as the very distin- aisle continue to fight for oil company can finally move away from our oil-ad- guished Senator from Ohio knows very profits. dicted economy. But so far, no action. well. Wages in America remain stag- Drilling off of our pristine coasts— Indeed, yesterday, we tried to pass a nant, oil and gas prices have risen and I come from the ocean State of Defense authorization bill to support sharply, and troubles in the housing Rhode Island—won’t produce a drop of our troops in the field, in harm’s way. market have made it harder and harder oil for a decade and won’t significantly The Republicans voted against the bill, for families to stay in their homes. One lower gas prices even then. These facts abandoning our troops for big oil. Big

VerDate Aug 31 2005 01:58 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.005 S01AUPT1 erowe on PRODPC61 with SENATE August 1, 2008 CONGRESSIONAL RECORD — SENATE S7987 oil is making big money, and that is lators alone are not the problem. The that his initial response to high energy the Republicans’ priority. I urge Presi- 27-member International Energy Agen- costs was that Americans would have dent Bush to end the rhetoric, put the cy said speculators alone are not the to learn to turn their air conditioners troops first, get off of big oil’s wagon, problem. T. Boone Pickens, who has down and consume fewer calories. and let’s get together to solve this been cited by both sides in this debate, He has stated publicly that high gas problem for real. has said unequivocally that speculators prices are only a problem because I thank the chair and yield the floor. alone were not the problem. America didn’t have enough time to The ACTING PRESIDENT pro tem- When asked about high gas prices, all adjust to them. And just this week the pore. The Republican leader is recog- the experts seem to agree on two junior Senator from Illinois unveiled nized. things: first, that speculators alone are his own comprehensive solution to the f not the problem. And second, that the high price of gas: ‘‘We could save all high price of gas is primarily the result the oil that they’re talking about get- FAILURE OF LEADERSHIP of increased demand and static supply. ting off drilling,’’ he said, ‘‘If every- Mr. MCCONNELL. Mr. President, all Increase supply, and the price of gas body was just inflating their tires and across America today, people are look- will go down. Keep it static and prices getting regular tune-ups.’’ ing to Capitol Hill with astonishment. will continue to rise. That is why even This is the proposal of the man that They are wondering how it is even pos- the liberal New York Times derided the Democrats in Congress want to lead us sible that lawmakers who have been Democrats’ speculators-only approach through the Nation’s energy crisis: reg- hearing from their constituents for as a ‘‘misbegotten plan.’’ ular tune-ups. This is the answer the months about the burden of record- Republicans didn’t invent the law of junior Senator from Illinois has pro- high gas prices could fail to work out a supply and demand. It’s as old as com- posed to the patients at the Woodland sensible response. merce itself. And it has the virtue of Dialysis Center in Elizabethtown, KY, I don’t blame them. High gas prices being perfectly straightforward: any who are now limiting their treatments have triggered a crisis in American serious proposal for bringing down high because they can’t afford the cost of homes and in the broader economy, and gas prices would have to increase sup- getting to them. This is Senator the American people have a right to ex- ply. And any serious proposal that OBAMA’s answer to $4-a-gallon gas: pect their elected representatives to do aims to decrease our dependence on issue some new regulations and go to something about it. Middle East oil would have to increase Jiffy Lube. Every crisis is a call for leadership, supply here at home. Add it to the growing list of laugh- and this one was no different. This was Every expert in America tells us that ably inadequate proposals that our an opportunity for the Democrats who Americans will be dependent on fossil- Democrat friends have brought forward control Congress to demonstrate cour- fuels for decades to come. And until over the last few months. Some of age and resolve. They squandered it. In the day when we’re all plugging in our them wanted to sue foreign countries their hunt for more seats in Congress cars or using alternative fuels, Ameri- as a way of forcing them to open up and control of the White House, they cans can’t be expected to shoulder the their supplies. Others proposed tax in- took the path of least resistance. They crushing burden of ever increasing gas centives for riding bicycles to work. decided that they could increase their prices. Congress has a responsibility to But Senate Democrats really outdid hold on Congress by avoiding tough act, and that action must involve a themselves earlier this summer when votes, and then blaming the mess that comprehensive approach. they showed off a two-seat, electric- followed on a party that wasn’t even in This is why Republicans put together powered Tessla Roadster. It gets excel- charge. a solution to this crisis that seeks, lent mileage, and any American family While Republicans were working out first of all, to accelerate the day when can buy one of its own for a mere a legislation solution that addressed America will no longer be dependent on $109,000. These are the kinds of solu- high gas prices head on, Democrats em- foreign sources of oil. We do this in our tions we have heard from the other barked on a concerted effort of point- plan by addressing not only the prin- side. ing fingers and casting blame. Ameri- cipal cause of rising fuel prices—insuf- Over the last few weeks, the time for cans were looking for answers, and the ficient supply—but also by promoting real action arrived. And when it did, Democrat answer was to make every- new energy technologies, such as plug- the Democratic leadership blocked and one accountable but themselves. in hybrid cars and trucks. stalled every attempt to advance a real First came the energy producers, who We heard the concerns of the Amer- solution to the energy crisis. They can- were threatened with higher taxes that ican people, brought together the best celed appropriations hearings out of would have passed along to consumers, ideas from both sides of the aisle, and fear that a deep-sea exploration making the problem worse. Then came pressed forward, confident that here amendment to lower gas prices would the foreign oil producers, who were was a solution that would be embraced be offered. They offered a speculation- threatened with lawsuits unless they by Americans and acceptable to a ma- only bill, which no serious person increased production, even though jority in Congress who could claim thinks is in itself the answer to $4-a- America sits on massive energy re- shared credit for the result. But, in the gallon gas. And then over the last 7 serves that dwarf their own. end, the Democrat Leadership showed days, they tried to take us off the issue Finally, it was the speculators. Cit- it would rather cast blame than share of high gas prices seven times. Seven ing the testimony of a lawyer whose success. times they have tried to take us off the previous statements on energy pro- Americans are wondering why the issue of high gas prices, taunting Re- voked a stinging bipartisan rebuke, the Democrat Leadership voted to leave publicans for standing on principle Democrats claimed that writing a few town last night without proposing a rather than taking the bait. In every new regulations for speculators would comprehensive solution of their own to case, Republicans refused to turn their solve the energy crisis. Republicans $4-a-gallon gasoline. And they deserve backs on the people at the pump. agree that we need greater trans- an honest answer. The moment that These last few weeks were a time for parency in the market and more cops gas prices became a major issue here in decision, and the Democrats made on the beat. But the notion that specu- Washington, Democrats started to theirs. When Americans demanded ac- lators alone have led to a dramatic build a protective blockade around tion, the Democrats played games. surge in gas prices is, according to their Presidential nominee. They changed the topic so the man every serious person, completely and Rather than come up with a com- they want to lead our country would totally absurd. prehensive solution that would do not have to make a public decision The chairman of the Federal Reserve something to lower the price of gas, about high gas prices. has rejected the idea that speculators they set out to insulate their candidate Some on the other side may think alone were the cause of the oil shock. from ever having to take a difficult this kind of behavior is acceptable. Warren Buffett, a prominent Democrat vote on the issue. They have done this They might think it makes sense to and perhaps the most successful inves- because their nominee opposes expand- block the Senate minority from offer- tor of our generation, has said specu- ing the domestic energy supply. Recall ing a balanced solution to high gas

VerDate Aug 31 2005 01:58 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.006 S01AUPT1 erowe on PRODPC61 with SENATE S7988 CONGRESSIONAL RECORD — SENATE August 1, 2008 prices in order to protect one Senator barrel to buy oil and import it from reform today’s complicated mix of incentives and the 20 percent of Americans who overseas, giving money to nations that to make the commercialization and use of think we should not use more energy want to train terrorists to kill Ameri- new, lower emission technologies more com- from American soil. We couldn’t dis- cans. That is the reason S. 3335 did not petitive. The President’s proposal would con- solidate this mix into a single expanded pro- agree more. get 60 votes. So we are technically on gram that would be carbon-weighted, tech- When faced with a crisis, the Demo- the Energy bill. nology-neutral, and long-lasting. This policy cratic leadership opted instead to fol- But one of the things he said about would make lower emission power sources low the political playbook of the senior that bill was to leave the impression less expensive relative to higher emission Senator from New York who recently that S. 3335 did everything that needs sources while taking into account our Na- told a reporter that Democrats should to be done for the disaster relief in the tion’s energy security needs. It would take wait until after Inauguration Day— Midwest, and it doesn’t, and I made the government out of picking technology when he hopes to see a Democrat in the that point last night, so I am not going winners and losers in this emerging market. And it would provide a positive and reliable White House—before doing anything to repeat that. market signal for technology investment and about high gas prices. But even if S. 3335 had passed, we had investment in domestic manufacturing ca- This is precisely the kind of state- previously had a Statement of Admin- pacity and infrastructure. ment that frustrates the American peo- istration Policy, and I am only going Overall, the Administration does not be- ple. They have waited for a solution to quote one sentence from a longer lieve that efforts to avoid tax increases on long enough. They should not have to Statement of Administration Policy Americans need to be coupled with provi- wait another day. that I am going to put in the RECORD, sions to increase revenue. Although the Sen- Mr. President, I suggest the absence and that sentence is this: ‘‘However, ate has avoided pairing AMT relief with tax of a quorum. increases, the bill contains a host of objec- due to other objections to the bill, tionable provisions. The Administration The ACTING PRESIDENT pro tem- should it be presented to the President strongly opposes the provision in the bill pore. The clerk will call the roll. in its current form, his senior advisers that would subject U.S. companies to contin- The assistant legislative clerk pro- would recommend a veto.’’ So I think ued double taxation by further delaying the ceeded to call the roll. that when we are under a situation effect of new rules for allocating worldwide Mr. GRASSLEY. Mr. President, I ask where we have the trauma of floods and interest for foreign tax credit purposes. The unanimous consent that the order for people being homeless because of the Administration also strongly opposes the the quorum call be rescinded. flooding situation in the Midwest, it provision in the bill that would treat U.S. The ACTING PRESIDENT pro tem- citizens with deferred compensation from doesn’t do much good to pass a piece of certain employers—in all industries—more pore. Without objection, it is so or- legislation that is going to be vetoed dered. unfavorably than other U.S. citizens. To- by the White House anyway. gether, these provisions would increase tax MIDWESTERN DISASTER RELIEF The point I was trying to make last burdens, undermine the competitiveness of Mr. GRASSLEY. Mr. President, for night is that we shouldn’t be adjourn- U.S. workers and businesses, and could have the benefit of leaders’ offices, after I ing for our summer August break and adverse effects on the U.S. economy. The Ad- am done speaking about the flood situ- not taking care of things in the Mid- ministration also opposes the continued ex- ation in Iowa, I have been asked by the west the very same way we took care pansion of tax-credit bonds and the rein- leader to make a unanimous consent of the situation for New Orleans caused statement of the exclusion from tax of request in regard to E-Verify. So I amounts received under qualified group legal by Katrina. Of course, the point is that services plans. The Administration urges want to notice the offices about what I the legislation we seek for the Midwest Congress to eliminate all such provisions am going to do. It will be down the is the same as the legislation we from the final bill. road, in half an hour or so. sought and we actually accomplished The Administration also strongly opposes Mr. President, last night I came to for New Orleans. the provision in the bill to increase cash bal- the floor to ask for unanimous consent Mr. President, I ask unanimous con- ances in the Highway Account of the High- on the tax bill we referred to as the sent to have printed in the RECORD the way Trust Fund by transferring $8 billion Midwest flood disaster tax relief pack- full Statement of Administration Pol- from the General Fund. It is a longstanding age. I was denied unanimous consent to principle that highway construction and icy from which I quoted. maintenance should be funded by those who bring that up. I did not make a long There being no objection, the mate- use the highway system. Instead, this provi- justification for the necessity of doing rial was ordered to be printed in the sion is both a gimmick and a dangerous that, but I wish to speak to that point RECORD, as follows: precedent that shifts costs from users to tax- now. I am not going to further ask EXECUTIVE OFFICE OF THE PRESI- payers at large. Moreover, the provision unanimous consent the same as I did DENT, OFFICE OF MANAGEMENT would unnecessarily increase the deficit and last night; I am just going to speak AND BUDGET, would place any hope of future, responsible about why I did it last night and why Washington, DC, July 30, 2008. constraints on highway spending in jeop- it was essential. STATEMENT OF ADMINISTRATION POLICY ardy. This provision is unnecessary, because the Administration has proposed a respon- There is one thing I want to put in S. 3335—JOBS, ENERGY, FAMILIES, AND DISASTER RELIEF ACT OF 2008 sible alternative that protects taxpayers. the RECORD at this point, and it is in Finally, the Administration objects to a regard to one of the points that was The Administration supports responsible budget gimmick in the bill that would raise made by the Senator from Illinois last and timely alternative minimum tax (AMT) revenues by modifying the tax treatment of relief as proposed in the President’s Budget. deferred compensation over the current night, Mr. DURBIN, the Democratic Congress should act quickly to protect 26 whip. He said one of the reasons for de- budget window, but allow this provision to million American taxpayers from an unwel- expire so that it, like the new rules for allo- nying my request for the tax relief come tax increase and to avoid repeating the package I am talking about for flood cating worldwide interest for foreign tax unnecessary administrative complexity credit purposes, will return to be available as victims in the Midwest is because simi- caused by congressional delay in 2007. In ad- a ‘‘revenue-raiser’’ in next year’s ten-year lar provisions were contained in S. dition, the Administration supports the ex- budget window. These types of gimmicks, 3335, the Jobs, Energy, Families, and tension of the tax credit for research and ex- done for so-called ‘‘pay as you go’’ reasons, Disaster Relief Act of 2008, and that perimentation (R&E) expenses, incentives harm the integrity of the tax code and in- for charitable giving, subpart F active fi- crease uncertainty for taxpayers. bill did not get 60 votes. Obviously, it nancing and look-through exceptions, and didn’t get 60 votes for the reason a lot the new markets tax credit. In its FY 2009 Mr. GRASSLEY. Mr. President, be- of other bills have not gotten 60 votes Budget, the Administration proposed that fore I speak to the point, just so you on the floor of the Senate: We in the several of these provisions be made perma- know, in Iowa the flood situation is minority want to stay on the No. 1 nent, including the R&E tax credit. However, very much in the headlines. I think one problem affecting this country; that is, due to other objections to the bill, should it of the problems we are having in the the high cost of gasoline and the en- be presented to the President in its current Midwest, in getting Congress to pay at- ergy crisis that is facing the Nation. form, his senior advisors would recommend a tention to the problems that remain veto. We want the majority party to give us The Administration strongly supports con- from the flooding of June, is that it is opportunities to offer amendments to tinuation of tax incentives for renewable en- not constantly on television. It is not increase the supply of energy in this ergy, and in fact the President recently pro- on television all the time. Of course, country as opposed to paying $140 a posed a more effective approach that would for 2 months, 3 months, the situation

VerDate Aug 31 2005 01:58 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.029 S01AUPT1 erowe on PRODPC61 with SENATE August 1, 2008 CONGRESSIONAL RECORD — SENATE S7989 in New Orleans was constantly on tele- tell friends in the Congress of the I can share, for example, the story of vision, and Congress responded. United States that we need to act my hometown of New Hartford, a com- Mr. President, I see the whip here, quickly. I hope he would say we should munity of 670 just west of Waterloo, IA. and maybe I said something to which have acted this week—which action An F5 tornado ripped through this he wants to react. If he does, I would be now, of course, is impossible because area, destroying a whole section of happy to yield for that purpose. we are breaking for our summer break. town. The floods then came and inun- Mr. DURBIN. I will wait until the I am here once again to discuss the dated the town. Out of 270 homes in Senator has completed. I would like to plight of my fellow Iowans and many New Hartford, IA, 240 had damage or make a statement. others throughout the Midwest fol- were destroyed. Businesses were also Mr. GRASSLEY. Anyway, we have lowing a series of deadly tornadoes, harshly affected. Many of them are try- here in the Des Moines Register a head- storms, and floods. It is a multiple dis- ing to decide if they want to stay in line that says, ‘‘Storm Hit One in Five aster, tornadoes and floods, and not business or if they can afford to stay in School Districts,’’ and then it has re- just floods. Iowa has 99 counties. Of business. Several have already decided ports on how much it is going to cost those, 80 counties have been designated not to reopen. to fix the schools. We have another as a disaster area by FEMA. The town I lived around all my life as headline here that says, ‘‘At Least $30 When looking at a map of Iowa, it is a farm boy—and still as a farmer—will Million Needed to Repair Roads,’’ as an much easier to count the few counties never be back to normal. It won’t ever example. that are not disaster areas than the be the same. I think we will have a Then we have a statement that was vast majority that are disaster areas. thriving community but, quite frankly, printed in the Davenport newspaper Every weekend except for this past it won’t be the same. that was written by Charlotte Eby. I weekend since we were in session, I The next chart shows you a picture of am not going to quote the whole thing. have been back in Iowa to meet with downtown Cedar Rapids. I am talking I just want to speak to parts of it. people affected by the storm and to see about a 500-year flood. The previous the devastation for myself. As I noted While Congress puts off consideration of flood record was about 19 feet. Levees the flood relief bill, it looks like the Iowa last week, estimates of damage are in could take up to 22 feet. But I think legislature will be rolling up its sleeves to the billions of dollars and are climbing this flood got as high as 31 feet and has help out Iowa flood victims. every day. been referred to as a 500-year flood. It speaks about a growing sense that I thought nothing could match my As you look at this picture, think of frustration at seeing so many Iowans the Iowa legislature has to step in. all the homes and businesses that are in such great need, but the fact that we severely damaged and destroyed. The delay of a Federal response by Con- have not been able to act upon both the gress could also push back the State re- Downtown Cedar Rapids is not going to appropriations bill, as well as this tax sponse, a development that left Iowans be the same. Since Cedar Rapids and bill, has frustrated me. It seems be- angry. other places in Iowa are not popular as cause we do not see the storm on tele- It quotes the minority leader of the vacation spots as are other cities, you vision all the time that there is an ap- Iowa senate. Ron Wieck, Republican of probably haven’t seen or heard much of parent lack of desire to help the Mid- Sioux City, said action cannot wait, the devastation except for the week of west recover from these deadly torna- and if that means a special session, he television when it was actually under- does, storms, and floods, quite contrary is for it. It doesn’t quote him, but it water. I can assure everyone that the to the quick action that Congress took says he is appalled that Congress will after Katrina. people of Iowa and the Midwest deserve go home for the summer recess without Before I go further, I want to display the same consideration that was given passing a Federal flood relief package a few pictures of the flooding. The first to the people of New York after 9/11 when floods left people in the Midwest will show one of many railroad bridges and the people of the gulf coast after homeless. that was severely damaged. Businesses the hurricanes of 2005. Then the last paragraph is not any- such as the one in this picture rely on Last week I touched on how the re- body’s quote except the author’s, Char- this railroad track, this bridge, to re- sponse to the Midwest disasters has lotte Eby: ceive their inputs and move their been different from the response to Maybe the U.S. Senate majority leader goods. Throughout Iowa there are simi- other disasters. I would like to elabo- Harry Reid and House speaker Nancy Pelosi lar bridges that are damaged. Iowa rate on that point. These are some of ought to walk the streets of Cedar Rapids. railroads play a vital part in moving the same points I made last night, but They would think twice about heading home our agricultural products and goods, to I only took about 2 minutes to make for their August recess without lending a these points. helping hand. do it efficiently, and obviously in a more energy-efficient way. This infra- On August 29, Hurricane Katrina Then I have a quote from Congress- structure is important for Iowa’s inter- made landfall on the gulf coast, caus- man KING, who went to Cedar Rapids, I state commerce and international ing widespread devastation. The Con- think, as recently as Monday of this trade. gress was in recess at the time; how- week. He says: I have another picture that shows the ever, the Republican Congress and the This is Katrina. I have walked into and out museum of art at the University of Senate Finance Committee sprang into of those buildings (in New Orleans) and I tell Iowa, Iowa City. This is the museum of action immediately at the staff level, you, you wouldn’t be able to tell the dif- art. I believe I have heard from the uni- even before we got back the day after ference. versity officials that this building is Labor Day. We immediately started He means telling the difference be- going to have to be torn down. working with the Governors of the af- tween the destruction that went on in The next picture shows flooding fected States and set out goals that we New Orleans in the 2005 hurricane and along the Iowa River. You can see the hoped to accomplish when we finally what happened in Cedar Rapids in June tops of buildings. These are homes and came back into session. when it was hit by a 500-year flood. businesses of people who just want On September 28, 2005, less than a I do applaud Senator OBAMA because their lives back. They are not asking month—— he was in Cedar Rapids yesterday cam- for anything extraordinary or exces- The ACTING PRESIDENT pro tem- paigning, and he was also very atten- sive, but they are in need of help to re- pore. The Senator is speaking under a tive to the problems of Cedar Rapids in cover and rebuild. They are, in a sense, 10-minute limit. his town meeting. He said he came asking for the same help that New Or- Mr. GRASSLEY. I ask unanimous there and wanted to listen. I have not leans got after Katrina. consent to continue my speech for as heard reports on what questions he re- I would like to use the phrase ‘‘so much time as I might consume. ceived, what complaints he received. that they can get things back to nor- The ACTING PRESIDENT pro tem- He may have been talking just to a mal.’’ However, it is very difficult to pore. Is there objection? friendly audience—I don’t know. But use that phrase. It will take years be- Mr. DURBIN. I would like to respond he did say that he was there to listen, fore Iowa recovers, and it will not be when the Senator is finished. Can he and I hope after he has listened to the the same, although we will still be a give some indication when he might situation in Cedar Rapids that he will very strong State. finish?

VerDate Aug 31 2005 01:58 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.031 S01AUPT1 erowe on PRODPC61 with SENATE S7990 CONGRESSIONAL RECORD — SENATE August 1, 2008 Mr. GRASSLEY. Yes. About 7 or 8 with our Federal money, and as I stat- We tailored this so only people who minutes, I think. ed, my tax package is targeted to those have a disaster can benefit from it. It Mr. DURBIN. I have no objection. who suffered loss and is a reasonable had a higher revenue score, as I said, The ACTING PRESIDENT pro tem- cost to help these victims of the storms than the Democratic alternative. They pore. Without objection, it is so or- and floods in the 10 States that were included the whole country instead of dered. The Senator from Iowa is recog- affected. From that standpoint, that is disasters that have not occurred. I am nized. something we have learned in the last not arguing that we should look at put- Mr. GRASSLEY. On September 28, 3 years from the package that was ting generic assistance into the Tax less than a month after Hurricane passed after Katrina. Code to assist States when Federal dis- Katrina, I chaired a hearing entitled, There were people who took advan- asters are declared the future. It seems ‘‘Hurricane Katrina: Community Re- tage of some provisions who were not to me that is a worthy thing for us to building Needs and Effectiveness of harmed by the natural disaster, so we be discussing. Past Proposals.’’ Governor Blanco of have tailored this bill so that only peo- However, I do not think it is right to Louisiana, Governor Barbour of Mis- ple who were harmed by the flood situ- slow down the help for the Midwest be- sissippi, and Governor Riley of Ala- ation are the ones we will help. We had cause you want a broader national pol- bama all participated. Senators HARKIN, BOND, MCCASKILL, icy. People in the Midwest and Iowa On October 6, 2005, I chaired another COLEMAN, KLOBUCHAR, DURBIN, OBAMA, are suffering now and have been for al- hearing titled ‘‘The Future of the Gulf ROBERTS, BROWNBACK, LUGAR, and most 2 months. They have experienced Coast Using Tax Policy to Help Rebuild BAYH all as original cosponsors of this a severe event that was well above the Businesses and Communities and Sup- bill. In the House, the Iowa Congres- 500-year flood level. This is an extraor- port Families.’’ Treasury Secretary sional Delegation introduced a com- dinary disaster. We need the help right Snow testified at that hearing. panion bill, and the list of the original now. Congress also passed tax legislation cosponsors to this bill shows this is a The proper time to make a thorough very quickly. The Katrina Emergency very bipartisan package. We all recog- a review of how we generally respond Relief Act of 2005 was signed by the nize the need for targeted relief for the to disasters should not come at the ex- President on September 23, 2005. This Midwest. The problem seems to be the pense of a specific massive natural dis- unoffset package cost more than $6 bil- ability to get the bill up in a timely aster that has occurred and the people lion. That package was followed up by fashion like we did in the case of New need immediate assistance. The author the Gulf Opportunity Zone Act of 2005, Orleans. I have been hearing that the of the disaster package put forward in which was signed by President Bush in Democratic leadership in the House is the Democrat’s extender bill may have December of 2005. This unoffset pack- insisting that the package be offset, meant well, but I cannot help but feel age was scored to cost around $8.6 bil- which is completely different than how that Iowa and the Midwest would be lion. Neither of these packages were we responded to disasters in the past getting the short end of the stick. subject to a rollcall vote in the Senate, when we didn’t worry about offsets. Their disaster package also included but both were passed by unanimous Normally when we have emergencies, a provision that only benefitted New consent. they are emergencies; you get the bill York, at a cost of more than $1 billion. I want to make it clear that we did passed to help the people who need it. This is the second-largest provision in the right thing by setting aside our Just yesterday the Senate voted that disaster relief package, when peo- planned agenda to help the people af- against cloture on an extenders pack- ple are literally trying to rebuild their fected by hurricanes as quickly as we age put forward by Senate Democrats. homes, their businesses, and lives in could. Some of the people still living It purported to include disaster relief. I the Midwest. It is simply insulting and on the gulf coast still need our help, am taken aback that the Senate Demo- disgraceful to use the misery of others and we should be helping them, and crats would politicize the suffering of to play politics and gamesmanship at a some of these tax provisions in what so many people just to try to get an ex- time when we should be able to put pol- we call the extenders package continue tenders bill passed. The disaster relief itics aside, as we did in September 2005, some of that help. Passing these bills in that bill was watered down. It pro- to help people going through extraor- without offsets was also the right thing vided substantially less assistance for dinarily difficult times. to do. As any of my staffers can tell Iowa and the other States in the cen- However, there are apparently some you, I am very careful with the money. tral portion of the United States. who, because we do not see this on tele- However, when people are suffering The Senator from Illinois is here, and vision or because they have other agen- from a massive natural disaster, it is I hope he hears that because I want to das, want to take advantage to get no time to be a cheapskate. emphasize that that bill is quite a bit more. At the same time, I am trying to I am also very frustrated by the de- different and doesn’t do as much good. get help for my constituents. sire of some House Democrats to offset It is not targeted. It is not helping peo- The correct question to put is sim- this tax relief package for Iowans and ple who need to be helped right now. ply: How can I help? other Midwesterners because that is a Its authors were apparently moti- The best course of action would be double standard. We did not demand vated by the twin misconceptions that for the House and Senate to pass the offsets when we were trying to help the Midwestern disasters are not as se- Midwestern Disaster Tax Relief Act of New Orleans. I am not asking for any- vere as they really are and that we 2008 and do it as we did in September thing more than the same consider- should undertake generic tax relief at 2005; do it by unanimous consent. ation that was given to the victims of the expense of the Midwest. We can discuss general disaster re- other major disasters. When I say the proponents of the sponse as well, but right now the peo- I have learned lessons from previous Democratic extender package think ple of Iowa are suffering and the Mid- tax disaster packages. We learned we the disaster is not as severe as they west is suffering as well. We have a need to tailor the relief so more is tar- are, I say that noting that their pack- moral obligation to help them as we geted specifically for those who suf- age provided less assistance to the Mid- helped the people and citizens of New fered damages and really need the as- west than my bipartisan tax-targeted York after 9/11 and the gulf coast when sistance. Therefore, the package I in- disaster tax bill did provide. they needed help. troduced, that I tried to get unanimous The Democratic disaster package If anyone honestly believes Iowans do consent on last night, called the Mid- also had a higher revenue score than not deserve our help, then please come western Disaster Tax Relief Act of 2008, my package. I told you we tried to down to the floor, state your views, provides targeted assistance to fami- scale this back so we did not make the talk about it. I will encourage anyone lies and businesses in 10 States same mistakes we did in the case of who has doubts about the severity of throughout the central United States Katrina, where a lot of people who did this disaster to do like Senator OBAMA to help those who suffered damage not get hurt by the disaster were able did yesterday, come to Iowa and I will from these deadly storms and floods, to to take advantage of it—not our inten- be glad to take you around when you help them rebuild their lives. tion. But because we probably hastened can come. The estimated cost of the bill is less it through to get help to Katrina vic- I am ready to yield the floor, but I than $4 billion. We need to be prudent tims, some people took advantage of it. had previously made a statement that

VerDate Aug 31 2005 01:58 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.032 S01AUPT1 erowe on PRODPC61 with SENATE August 1, 2008 CONGRESSIONAL RECORD — SENATE S7991 I was going to make a unanimous con- mittee. What he is asking for would be tax penalties; the Wellstone Mental sent request on the immigration bill. I a measure that would be considered by Health Parity Bill; and, disaster assist- am not going to do that. his committee. I looked around for ance for the State of Iowa, the Senator I yield the floor. Senator BAUCUS, the chairman of the voted against that. The ACTING PRESIDENT pro tem- committee who works with Senator This morning here is how he ex- pore. The assistant majority leader is GRASSLEY. He had left for the evening, plained it: recognized. as most other Members had. We, the minority, want to stay on the No. Mr. DURBIN. Mr. President, when To think that at that moment in 1 problem affecting this country and, that is, Senator GRASSLEY comes to the floor time, with virtually no one in the Sen- the high cost of gasoline and the energy cri- and speaks of the Midwestern need, he ate, after the adjournment resolution sis that is facing the Nation. speaks of an issue of which I have inti- had been passed, when the chairman of That is how he explained his vote mate personal knowledge. In 1993, it the Senate Finance Committee was not against the measure. Yet he comes to was my district, my congressional dis- on the floor, the Senator came and the floor and asks the Senate to move trict, inundated by these floods. made his request. off that energy matter so his bill can I spent countless hours and days Now, any Senator can make any re- pass. The Senator cannot have it both working with the brave volunteers and quest at any time. But it was not made ways. You cannot have it both ways, the National Guard and others to try at a moment in time where one might when we bring a bill to the floor to to save buildings and homes and farms, expect success. This is a matter that help the State of Iowa and other dis- filling sandbags and doing everything should have been brought up weeks aster-stricken States and you vote we could to fight off the flooding of the ago, weeks ago by the Senator from against it saying, ‘‘I do not want to Illinois River and the Mississippi Iowa, and so many others, in the Sen- move off the Energy bill,’’ and then, River. ate Finance Committee, resolved and while we are still on the Energy bill, This flood, which was not supposed to brought to the floor. make a unanimous consent to move off occur 15 years later, matched the in- But it was not until the Chamber was it to help your State. tensity of the 1993 flood, in some places empty late at night that it was brought If we are going to be fair to all the States that have faced disasters, then it overwhelmed the intensity in others, up. I spoke on behalf of Senator BAU- we should pass this bill. I am going to particularly in the State of Iowa. The CUS and I objected. I did because it con- give you a chance to help Iowa now. scenes Senator GRASSLEY has depicted cerned me that the day before, we had on the floor and have been described to a measure on the floor to not only help UNANIMOUS CONSENT REQUEST—H.R. 6049 me by Senator HARKIN are absolutely Iowa, which truly needs help, but to I ask unanimous consent that the heartbreaking. help Illinois, to help all the States that Senate proceed to the immediate con- Cedar Rapids and so many other com- have encountered disasters during the sideration of Calendar No. 767, H.R. munities were devastated. I wish to course of this last year. 6049, the Renewable Energy Job Cre- make a point for the RECORD. It is this: Senator GRASSLEY’s request relates ation Act of 2008, that the amendment In the 26 years I have served in the primarily to the Midwestern area, at the desk, the text of which is S. 3335, House and the Senate, I have never— which I am part of, and to disasters be considered and agreed to; the bill, as repeat never—voted against emergency which occurred after May 20. There are amended, be read a third time, passed, disaster relief for any part of our coun- many States that have faced many dis- and the motion to reconsider be laid try. asters which would not be helped by upon the table; that any statements be printed in the RECORD. I have felt that when that occurs, we Senator GRASSLEY’s bill. He made that The ACTING PRESIDENT pro tem- need to come together as an American conscious choice. He wanted to help his family and help others, even if it did pore. Is there objection? own State and, of course, he would. I Mr. GRASSLEY. I object. not affect my State of Illinois. Time would want to help my State first too. The ACTING PRESIDENT pro tem- and again, I have voted for that dis- But in the scheme of things, do we pore. Objection is heard. aster relief, believing the day might not owe an obligation to other States The Senator from Illinois has the come when I would need it for the peo- that have faced disasters to try to floor. ple I represented. I sincerely believe treat them fairly as well? How can Mr. DURBIN. I yield to Senator that. I believe that what Senator some Senators on the Republican side GRASSLEY for the purpose of his ex- GRASSLEY has offered, in terms of addi- come and vote against disaster relief plaining his objection so the Senator’s tional assistance for Iowa, and perhaps on Wednesday or Thursday, and then objection is in the RECORD. But do I not even for my State, in the style that come the next day and say: I want my want to surrender the floor. Is that was offered to Katrina victims may be own version of the bill—late at night— possible? a good idea. I have not had a chance to let’s make sure we get it passed. The ACTING PRESIDENT pro tem- study it. But I am inclined to support The Senate does not work that way pore. Without objection, it is so or- it. and it should not. We should be con- dered. I believe it could be a valuable addi- scious of the disasters across the Mr. GRASSLEY. Mr. President, yes, I tion to the assistance which we pro- United States and be evenhanded. Now, will take that opportunity. I hope I get vided. the Senator raised my name in the de- to have an opportunity to offer a unan- I wish to make it clear from the out- bate this morning, referring to me as imous consent request as well for our set that what I am about to say does the majority whip. I had not planned side of the aisle, if you want to be com- not reflect the fact that I could end up on being on the Senate floor. But my pletely fair. In the last few weeks in cosponsoring the bill offered by Sen- staff said: The Senator from Iowa is this body, we have not necessarily been ator GRASSLEY and work and vote for it making reference to you. I came to the fair. and probably will before it is all over. floor. I wanted to make sure the So let me take advantage of the ma- But I cannot understand what hap- RECORD is complete and at least re- jority whip’s invitation to respond. pened here last night. The Senate ad- flects my own views of what happened First of all, he knows, because he is in journed. We passed the adjournment last night and what should happen the leadership, that I gave the major- resolution. Virtually everyone had moving forward. ity party information, at least 48 hours gone. The floor was empty but for Sen- The Senator from Iowa said this ago, and maybe 72 hours ago, that this ator GRASSLEY, myself and maybe one morning, and I wish to quote what he week I was going to seek a unanimous other Member and the Presiding Offi- said because I think it is very impor- consent request, and all day yesterday cer. tant. The Senator from Iowa, in de- we were denied that opportunity, even Then, at 10 o’clock at night, Senator scribing why he voted against S. 3335, at the point before adjournment and GRASSLEY came on the floor and made which includes the energy tax extend- my speaking to Leader REID about a unanimous consent request for this ers, $8 billion for the highway trust when can I do my unanimous consent assistance for Iowa. Now, he is the fund so 400,000 jobs across America request. ranking member of the Senate Finance would not be lost; money to protect You know what I was told? After the Committee. I do not serve on that com- families from the alternative minimum adjournment resolution. So do not say

VerDate Aug 31 2005 01:58 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.034 S01AUPT1 erowe on PRODPC61 with SENATE S7992 CONGRESSIONAL RECORD — SENATE August 1, 2008 I did not make an attempt to do it and should have been resolved between the Mr. President, I ask unanimous con- do not say you did not know about it. two of them before Senator BAUCUS sent that the Committee on Finance be If you wanted to cooperate with us, we left. I think he would understand, as I discharged from further consideration could have had that cooperation. But do, that is a problem for Senator BAU- of S. 3322, and the Senate proceed to its there does not seem to be that sort of CUS to be gone and to make a unani- immediate consideration. I ask unani- comity in the Senate anymore. mous consent request. mous consent that the Grassley amend- Another point you made was that I One thing the Senator from Iowa did ment at the desk be agreed to, the bill, had a chance to work for a tax relief not say was why he objected to this as amended, be read a third time and package for flood victims. The bill you bill. Again, he voted against it. Now he passed, the motions to reconsider be voted for and you asked unanimous objected again—this bill that does con- laid upon the table, and the bill be held consent on did less for your constitu- tain assistance for my State and his at the desk pending further House ac- ents than the legislation we had been State because of the recent flood dis- tion. working on for 2 weeks. aster. The simple reason is, he dis- The ACTING PRESIDENT pro tem- Then, he brings up the point about agrees with many of the other provi- pore. Is there objection? not working through committee. Well, sions of this bill and decided he would Mr. DURBIN. Mr. President, reserv- most of the work on this bill has been vote against it. That is his right as a ing the right to object, this is the same so we can get a consensus package, Senator. request that was made last night. working with even Chairman RANGEL’s I will tell him again, I may find his On behalf of Senator BAUCUS, the staff, so it is not only bipartisan but bill that he is offering today to be the chairman of the Senate Finance Com- bicameral, so we can put together right bill for my State and for his mittee, I object. something and get it done very quickly State as well and support him. Even if The ACTING PRESIDENT pro tem- in the same consensus manner that we his unanimous consent request pre- pore. Objection is heard. were able to help the victims of New vailed today, the House is gone. We The Senator from Pennsylvania is Orleans. will be gone in just a matter of hours. recognized. Mr. CASEY. Mr. President, thank Then, the other reason: Why would Nothing is going to happen to his re- you very much. the Senator from Illinois cosponsor our quest until we return in September. bill if it was not the right bill for his Maybe after the August break, and a ENERGY State and for the Midwest and for this little bit of time and reflection, we can Mr. President, I rise this morning to disaster? come back and find what we need; that talk about an issue we have talked a We have always tried to do things as is, a bipartisan approach to helping a lot about in the Senate for weeks and quickly as can be done when people lot of innocent victims of this flooding now months, literally, and we have not hurt. That is why when we got back in the Midwest and victims of other reached a resolution on it. It is the after Katrina—on Tuesday or Wednes- disasters across the United States. question of energy and gasoline and As much as I feel for my own home day—we had $10 billion that we were what has been happening to our econ- State and his State of Iowa, there are going to give to New Orleans. Before omy, what has been happening to our many other disaster victims who need the end of the week was up, it was $60 families. a helping hand as well. I think we There is plenty of blame to go billion, in 2005. ought to consider all of them when we Now, do you think the committee around. I am not here to do that today. return. But I do think that anything we talk had an opportunity to work its will on So at this point, Mr. President, I am that? No. They were responding to about—and certainly anything we leg- going to yield the floor and say to the islate on—has to pass two tests. One need. Don’t you think your constitu- Senator from Iowa, we have worked ents hurt across from Burlington? test is, will it provide short-term relief closely on things before. But when he to families or short-term help to the They may be still underwater. I do not raised my name on the Senate floor know. A couple weeks ago, they were economy? And, will it help long term? this morning, when I was not present, I If it does not pass the short-term and/ when I was talking on the radio sta- felt I had to come down and explain tion. In Burlington you had constitu- or the long-term test, we should not be what happened last night and the situ- doing it. That is kind of the frame of ents who still had just the roofs of ation we find ourselves in today. houses showing. Don’t you think they what I want to use to talk about some UNANIMOUS CONSENT REQUEST—S. 2291 of the issues I am going to raise this need help right now? Mr. President, I have one unanimous So I think, first of all, procedural- morning. consent request to ask, which I do not Mr. DORGAN. Mr. President, will the wise, either the majority whip does not think has an objection. Senator yield for a unanimous consent know what is going on when I notify Mr. President, I ask unanimous con- request? his cloakroom that I am going to offer sent that the Senate proceed to the Mr. CASEY. Sure. it or else he does not care or he wants consideration of Calendar No. 869, S. Mr. DORGAN. Mr. President, I apolo- to mislead. 2291, the Plain Language in Govern- gize for interrupting the Senator. The second thing is, he is not voting ment Communications Act; that an I ask unanimous consent that I be for the bills and pushing the bills that Akaka substitute amendment, which is recognized following the Senator’s re- will help his constituents the most, at the desk, be agreed to, the bill, as marks for 20 minutes. and we still do not have the relief. amended, be read a third time and The ACTING PRESIDENT pro tem- So that is my response to the Sen- passed, and the motions to reconsider pore. Is there objection? ator from Illinois. be laid upon the table, with no inter- Without objection, it is so ordered. The ACTING PRESIDENT pro tem- vening action or debate. Mr. CASEY. Mr. President, I thank pore. The majority whip. The ACTING PRESIDENT pro tem- the Senator from North Dakota for re- Mr. DURBIN. Mr. President, I would pore. Is there objection? minding me what I promised I would just say to the Senator from Iowa, I Mr. GRASSLEY. Mr. President, on do. was not part of his conversation with behalf of Senator BENNETT, I object. Mr. President, I want to talk about the majority leader as to when he was The ACTING PRESIDENT pro tem- this issue in terms of short term and going to offer his unanimous consent pore. Objection is heard. long term because one thing that has request. He offered it after the chair- The senior Senator from Iowa is rec- been missing from this debate, frankly, man of the Finance Committee had left ognized. on both sides, is sometimes not nearly and virtually all the members had left. UNANIMOUS CONSENT REQUEST—S. 3322 enough honesty—a lot of charges and Whether he had an opportunity to do Mr. GRASSLEY. Mr. President, be- countercharges, a lot of finger point- that before, I do not know. He did not fore the Senator from Illinois leaves ing, and not enough progress. I think make a request of me. I was not aware the floor, I want to ask unanimous con- for one party or the other in the Sen- of it. But he certainly met with Sen- sent to bring up a bill to which he is ate to blame the other is not produc- ator BAUCUS during the course of this probably going to object. But I want tive, nor is it accurate. week and had ample opportunity to him to know that people on this side of So let’s talk about short term and raise this issue. It is something that the aisle want to move things along. long term. There are some things we

VerDate Aug 31 2005 01:58 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.035 S01AUPT1 erowe on PRODPC61 with SENATE August 1, 2008 CONGRESSIONAL RECORD — SENATE S7993 can do short term to help this problem. Reserve inventory poses a problem for refin- because of the precedents of what hap- No one here has a magic wand to say if ers that use this kind of oil, refiners upon pened before—the recent history on we take this action, gas prices are whom we would rely in the case of an emer- this—to bring down prices. So that is going to go down in the next couple of gency supply disruption. The Department something that is short term that the has acknowledged the benefit of holding weeks. Anyone who says that is prob- heavier crude oil in its inventory and stated President could do right now. I hope he ably not telling the truth—maybe not its intent to acquire heavy crude oil as it ex- would do that. even over the course of a couple of pands its inventory capacity. But let’s talk about long term. One months. But there are some things we We ask that you take immediate action to thing we all agree upon, both sides of should try to help in the short term be- begin to implement this modernization of the aisle, we can fight and we can point fore we abandon that and say all we the Reserve by releasing 70 million barrels of fingers and we can have arguments and can do is look to the long term, which light, sweet crude oil, about 10 percent of the debates—and it is OK to debate—but we all know is renewable energy and current Reserve inventory. one thing we all agree on, no matter This would have an immediate effect on oil all of these strategies. But let’s talk and gasoline prices, unlike proposals that what party we are in—and this is some- about the short term. would open new federal land and offshore thing the American people understand I think yesterday a number of Sen- areas for drilling, which would not add oil to in their gut; they get this and they un- ators—I think the total is 36; I will the market for many years. derstand this—we have to take steps stand corrected if I am wrong about At an appropriate time in the future, the now that we should have taken 10 years that—at least 35 or 36 Senators wrote Reserve should be replenished with lower- ago or maybe 20 or 25 years ago that we to the President of the United States. grade, heavy crude oil, in accordance with did not take to reduce our dependence Mr. President, I ask unanimous con- the GAO’s recommendation. Market condi- on foreign oil and to get to this ques- tions are favorable for this exchange of light sent that the July 31 letter to the for heavy crude, as the current high price tion of renewables. President regarding the Strategic Pe- differential between these two crude types We had that chance a couple of times troleum Reserve be printed in the would allow the Department to generate con- in the last 18 months. We had that RECORD. siderable revenue. chance just a few days ago, but it was There being no objection, the mate- Given the benefits this step offers for the blocked. A lot of people in this body rial was ordered to be printed in the mission of the Strategic Petroleum Reserve voted for it. We did not get enough RECORD, as follows: and the relief it would provide to Americans votes, but here is what was blocked. suffering from record high fuel costs, we urge U.S. SENATE, Let me run through a quick list be- you to direct the Department of Energy to Washington, DC, July 31, 2008. cause sometimes when these votes release light, sweet crude oil from the re- The PRESIDENT, occur and the vote is announced we for- serve to help Americans at the pump now. The White House, Thank you for your consideration of this get what was voted on. Here is what Washington, DC. matter. was blocked a couple days ago: a new DEAR MR. PRESIDENT: We are writing today Sincerely, consumer tax credit for the purchase of to urge you to use your emergency authority Dick Durbin, Harry Reid, Bill Nelson, to immediately release oil from the Stra- plug-in electric vehicles, to move that John Kerry, Amy Klobuchar, Kent tegic Petroleum Reserve. Virtually no other tax credit from $3,000 to $5,000, plug in Conrad, Debbie Stabenow, Dianne Fein- action you could take would have as positive electric vehicles, that was blocked; a 1- stein, Herb Kohl, Barbara Boxer, or as immediate an impact at the pump, low- year extension of a wind power tax Sherrod Brown, ——— ———. ering fuel prices for American consumers and credit, that was blocked; a 3-year ex- businesses. Unlike other proposals put for- Mr. CASEY. I won’t read the whole tension of biomass, geothermal, and ward in recent days that would take 8 to 10 letter, and I won’t read all the signa- other renewable energy tax credits, years to affect the price of gasoline, an an- tures. But here is how the letter starts. that was blocked; an extension of the nouncement of plans to release oil from the The first line of the letter reads: Reserve could cause a decline in oil prices 30-percent investment tax credit for Dear Mr. President: within hours. A similar announcement made solar energy, that was blocked; an ex- We are writing today— by your father, President George H. W. Bush, tension of the 10-percent investment in 1991 led oil prices to decline within a day Meaning yesterday— tax credit for fuel cells, that was of the announcement, even though the ac- to urge you to use your emergency authority blocked; a 5-year extension of the tax tual release of oil did not occur for two to immediately release oil from the Stra- deduction for energy-efficient commer- weeks. tegic Petroleum Reserve. cial buildings—we know we have to do For the past two months, U.S. gasoline It goes on later in that paragraph to that—that was blocked; a 3-year exten- prices have topped $4.00 per gallon—at least $1 more than just a year ago. Diesel fuel has say: sion of the tax credit for energy-effi- been even more expensive, now averaging A similar announcement made by your fa- cient appliances, that was blocked. $4.60 a gallon. This has had a devastating ef- ther, President George H.W. Bush, in 1991 led So on issue after issue that gets to fect on American families and businesses. oil prices to decline within a day of the an- this question of reducing our depend- Although gasoline prices have risen 165 per- nouncement, even though the actual release ence on foreign oil, getting off of oil cent since you have taken office, average of oil did not occur for two weeks. generally—not just foreign oil but get- gross income has increased only approxi- So when that happened in 1991, oil ting off of the dependence on oil— mately 24 percent. High transportation costs prices went down very rapidly. The working on all of those renewable en- are adding to higher prices in our stores and same happened with this President ergy strategies that everybody in the supermarkets, too. Fuel prices have risen in direct response to Bush in the aftermath of Hurricane country knows we have to do, they rising crude oil prices. The 40-percent in- Katrina. So what we ask is that the were blocked a couple days ago, and we crease in oil prices since the beginning of the President—he does not need Congress; should remind people who are paying year is unprecedented, given that there have he does not need to get a consensus in attention to this issue that actually been no unusual world supply disruptions. Washington—the President has the au- happened. Instead, growing worldwide demand, flat pro- thority today to release oil from the We have a debate currently about duction, and uncontrolled market specula- Strategic Petroleum Reserve. speculation. I am not going to spend a tion have put upward pressure on oil prices. lot of time on that. It is not a magic This crisis constitutes a severe energy sup- So the letter, toward the end, says: ply interruption. It requires an immediate We ask that you take immediate action to wand. I have said that before. But it is response, and you hold it in your power to begin to implement this modernization of one of the ways—probably more long authorize a release from the Strategic Petro- the Reserve by releasing 70 million barrels of term than short term, but it is one of leum Reserve that will immediately supple- light, sweet crude oil, about 10 percent of the the ways we have to provide some re- ment our crude oil supply and break the current Reserve inventory. lief long term. cycle of spiraling speculation. So I am quoting in part from the let- So these are strategies that, whether The Government Accountability Office rec- ter, but the point is, the President of it is speculation, cracking down, and ommended in a hearing before the Senate the United States today—today—has providing more sunlight—that is all we Committee on Energy and Natural Resources on February 26, 2008, that the Department of all the power and the authority to take are asking for, is to say: If you want to Energy hold 10 percent of its Strategic Pe- that action. Will it be a magic wand? make a lot of money in the market, troleum Reserve inventory in heavy crude No. Will it immediately lower prices? and we have a commodity futures enti- oil. The lack of heavy, sour crude oil in the Probably not. But it has the potential ty that regulates your conduct, we

VerDate Aug 31 2005 01:58 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.036 S01AUPT1 erowe on PRODPC61 with SENATE S7994 CONGRESSIONAL RECORD — SENATE August 1, 2008 want to give them the authority to of the world’s oil consumed by the dealing with facts and start dealing provide sunlight to that transaction. United States in 2007: 24.4 percent. So with that test, what will help us short That is all we are asking. That is all we are consuming more of the world’s term but, more importantly, what is we are asking on speculation. oil. It is up to 24 percent. So if you going to help us long term—and that is So speculation passes maybe both want to drill your way to that 24 per- renewables—until we get to the ques- but at least one of the short-term/long- cent of the world’s oil—because that is tion of renewables and until more peo- term tests—one of that two-part test. what the other side is saying—then we ple on the other side start voting to This letter to the President on the must be, I guess, hoping to produce incentivize the creation of renewable Strategic Petroleum Reserve—that cer- enough to get there. Well, we know sources of energy, we are not going to tainly passes the short-term test that America has only 3 percent of the make much progress. So I think we we can get some short-term help. It is world’s oil reserves, so no matter what need to focus on that test and we need not all the relief we want, not a magic we do on drilling, even if we add to the to make sure we are working in a bi- wand, but it can provide some help. massive increase we have had in drill- partisan way to try to bring some re- So what else do we need to talk ing, it is not going to get us to the 24.4 lief to American families. about? percent consumption. That is why we Mr. President, I yield the floor. We have been talking and talking a have to get renewables. The ACTING PRESIDENT pro tem- lot about drilling. Let’s put some facts So when people across America say pore. The Senator from North Dakota on the table. Some of these facts have we can’t drill our way out of it, that is is recognized for 20 minutes. not been on the table. It is important not just a nice little phrase, it is the CHINA to do that. I know there are a lot of truth. You can’t get to 24.4 percent if people out there saying: If we could you only have 3 percent of the reserves, Mr. DORGAN. Mr. President, I come just drill, we could have some relief no matter what you do on drilling. today as a United States Senator, but provided. I would argue—and I think Finally—and I won’t spend a lot of also as the co-chairman of the Congres- there is a lot of evidence to show this— time on this, but it is relevant to the sional-Executive Commission on China. that the drilling argument put forth by discussion—one party involved but I wish to tell my colleagues that the the other side does not pass the short- that hasn’t checked in on the debate to Congress created the Congressional-Ex- term test and does not pass the long- give us a little help is the oil compa- ecutive Commission on China in the term test. It does not pass either test, nies. Members of the House and Senate year 2000 to monitor China’s compli- and we know that. are debating and sometimes fighting, ance with international human rights Here is what should be on the table the American people are arguing about standards and to encourage the devel- in terms of facts. All these years since this, and all the while this debate is opment of the rule of law there. I am the President has been in office, the going on, guess who is getting our tax proud to be a co-chairman of the Con- price of gasoline has gone up, and in money—tens of billions—and guess who gressional Executive Commission on my home State of Pennsylvania people is also doing pretty well on their quar- China. I think the role it performs is are paying more in a year—almost terly profits. Big oil. I have said it be- an extremely important one. $2,800 more—for gasoline than they fore and I will say it again. President I come to the Senate floor today in were when the administration started. Kennedy was right. Once in a while, we that role. I also come as well to say OK. That is just a fact. We know the have to ask ourselves, what can we do that at a time when there is so much price of gasoline has gone up. Everyone for our country? I have to ask Mr. Big criticism of almost everybody in the understands that. Oil: What are you doing for your coun- political system—and I have done my But while the price of gasoline was try? While we are having this debate share of differing with various people going up over the last couple years, and while everyone is frustrated by gas in politics—I come today to say to guess what else was going up. This has prices—and rightfully so—what is big President Bush that I very much appre- not been talked about much. There has oil doing? ciate the actions he took this week been a 361-percent increase in oil drill- Well, here is what they are doing. when he met with several dissidents ing. So we have increased oil drilling a ExxonMobil released their quarterly from China, all of whom have been im- lot. Some might argue we have never profits: in one quarter, almost $12 bil- prisoned in China for exercising the drilled more. There has been a 361-per- lion in profits, and we are giving them fundamental human right of free cent increase in oil drilling since the tax breaks. So they get all the drilling speech. President came into office, and yet the they need, they are getting our tax The President met with the dis- price of gasoline has gone up at the money, their quarterly profit is $11 bil- sidents for the same reason I come to same time. So this idea that oil drill- lion, and they are not checking in. the floor of the Senate this morning. ing has been restricted or limited is They are not saying, you know what— One week from today, the 2008 Summer contrary to the facts. or we are not saying to them with leg- Olympics begin. It is a great pageantry So how can that be? If the other side islation—we want to do it, I want to do and a great celebration, in many ways. keeps talking about ‘‘drilling leading it, but we don’t have enough votes on It is a celebration of athletic achieve- to relief,’’ how can it be that we have the other side to do it. We are not say- ment from all around the globe. We had that increase, and whether you ing: You know what, Mr. Big, with big will have many Americans rep- measure it by the increase in drilling oil profits, you have enough. You have resenting our country and dem- or the leases, we have had a dramatic enough tax breaks, you have enough onstrating their individual achieve- increase in the number of leases. So places to drill. You have enough prof- ments on the field of sport. We will that is fact No. 1, a 361-percent in- its. You have enough. It is time for Mr. have basketball players and tennis crease in oil drilling since the adminis- Big Oil to give a little, to help us a lit- players and gymnasts and track and tration started. tle as we debate this, because until field participants. They will partici- Here is another fact: Seventy-nine they check in and until they help the pate in these wonderful Olympic games percent of America’s recoverable oil re- American people, or until we force that occur every 4 years. serves are already open for drilling. them to help the American people, we The Olympic games at this time, a Seventy-nine percent are open—open are going to be missing a lot of oppor- week from now, will be held in the for business right now. So there is tunities. country of China. There was dispute plenty of drilling going on; in fact, it I will conclude with this. I think we about that and concern about China has accelerated. Yet the price of gaso- should continue this important debate. hosting the Olympics, but China con- line has gone up. I am happy the majority leader, who I vinced the International Olympic Com- Regarding the 24-percent versus 3- think has shown great leadership on mittee that it would make significant percent argument that I and others this issue, has continued to work in a progress in areas that reflect the ideals have made, the Washington Post had a bipartisan way and wants to have a of the Olympics—especially human chart on Sunday, July 27, page A–8, and summit, a meeting with both parties. rights and human dignity. Because of I have the chart right here, a chart in That is important to get something the commitments it made, China was red. It reads very simply: The percent done. I think we can. If we don’t start awarded the Olympic Games for 2008.

VerDate Aug 31 2005 01:58 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.037 S01AUPT1 erowe on PRODPC61 with SENATE August 1, 2008 CONGRESSIONAL RECORD — SENATE S7995 This is, it seems to me, not only an op- cells in China. We want the world to other alleged forced evictions, and he portunity for athletes from our coun- pay attention. The President of the is now serving 4 years in prison. We are try and around the world to compete in United States committing to go to told he has repeatedly been tortured. sport, but it is also an opportunity, China and to talk to the Chinese lead- He finished his sentence, by the way, given that the Games will be held this ers about these people is very impor- and was supposed to be released from year in China, for our country and for tant. We have sent President Bush the prison this week. But his release has other countries to appeal to the Chi- list of 807 prisoners now in Chinese been further delayed, presumably, be- nese government to open its system to prisons. Let me go through a few of cause the Olympics are near. greater human rights. It is also an op- them, because I think it is important The President of the United States— portunity to strongly urge the Chinese to attach faces and names to this list and only the President—has the power government at this point to address of 807 people. to shine the brightest light in the the issue of so many of its citizens— This man is named Hu Jia. Hu Jia is world into the dark cells in China and many of whom are its best and bright- a courageous activist who was jailed say to these courageous Chinese citi- est citizens—sitting in dark prison last December by Chinese authorities zens that you are not alone. This coun- cells, having been sent to prison for ex- because he was invited to speak at a try knows about you, about your strug- ercising the right of free speech. European Parliament hearing. At the gle, and about your efforts to secure China is an extraordinary country. hearing, he made comments in his tes- freedom of speech and other funda- You cannot understand the wonder of timony that were critical of China mental human rights. We have said to the Chinese Govern- China without visiting it. You can’t hosting the Olympics. The result was ment we want progress. They made help but stand on the Great Wall of that he was put in a Chinese prison. His representations to the Olympic Com- China and think about the history of wife and infant daughter—and you see mittee, in exchange for being able to this incredibly interesting country. his wife and daughter in this photo- host the Olympics, that they would Visiting China is an extraordinary ex- graph—were placed under house arrest make progress on human rights. I have perience. But, it is also the case that for several months. In April, Hu Jia shown photographs of some very coura- China is not an open society. was sentenced to 31⁄2 years in prison for geous Chinese citizens who now sit in Our Congressional-Executive Com- inciting subversion of state power. Let Chinese prisons precisely because their mission on China has the largest data- me describe the charge again: ‘‘Inciting human rights have been violated. base of prisoners, the most complete subversion of state power.’’ Again, I thank President Bush for database of Chinese political prisoners I recently talked to a man who testi- meeting with the dissidents this past that is accessible and searchable by the fied at that same European Parliament week. I am someone who, from time to public. Why do we keep that database? hearing and along with Mr. Hu Jia. time, doesn’t agree with President So we can shine a bright light into the This man, however, is not in prison be- Bush. I am often critical of his work. darkest cells of China, for those who cause he is not a Chinese citizen. He But today I commend him for meeting have been imprisoned by the Chinese also just expressed himself like Hu Jia. with the dissidents who had previously for exercising the right of free assem- At the request of a hearing of the Euro- served time in prison in China. He met bly and free speech, and to say to pean Parliament, he testified and ex- with them at the White House this them: The world knows you are there. pressed himself. He expressed criticism week. It was the right thing to do. He You are not forgotten. of China for being chosen to host the made commitments to those dissidents The international community has Olympics. For that, Mr. Hu Jia will that he is going to do all he can. I hope the opportunity at this moments dur- spend 31⁄2 years in a Chinese prison. he will—when he goes to China—take ing these Olympics to speak up and The next photograph is a photograph that torch of liberty and freedom to speak out. I complimented President of Yang Chunlin. He has been repeat- President Hu in China and say that our Bush for meeting with the dissidents edly detained for helping farmers seek country will not ignore these prisoners, this week. I think it was exactly the compensation for lost land in China. we will not pretend they don’t exist. right thing to do. I compliment him Last summer he organized a petition China has a responsibility to move to- and support him for what he said to the entitled ‘‘We Want Human Rights, Not ward greater human rights. dissidents. He said to the dissidents The Olympics.’’ He was subsequently So this is the moment. I hope very that he intended to not only care about arrested and he was charged for incit- much that President Bush will do what freedom and liberty, but when he trav- ing subversion of state power. We are he told the Chinese dissidents he will. I eled to China, and to talk to the Chi- told that he has suffered severe beat- commend him for that, and I hope that nese about freedom and liberty. ings, causing damage to his eyesight, not just in the next 7 days, when the All of the people President Bush met all for the purpose of speaking out, ex- Olympics are prepared to start, but with this week have spent years in Chi- ercising the right of free speech. He is also during the Olympics and during nese jails for advocating on behalf of a very courageous Chinese citizen who the President’s visit, he will offer some religious freedom, human rights, free- simply wants the opportunity to speak hope and encouragement to those who dom of speech in China. So when the freely. now spend their time in a dark prison President travels to China for the Finally, Mr. Ye Guozhu. He is pic- cell for having the temerity to try to opening of the Olympics, it is vital, it tured in this photograph alone. Three speak the truth in China. seems to me—and I think I speak for generations of his family were evicted I strongly feel that if we miss this the entire Congress—to say it is vital from their Beijing home in 2003 to moment, we will have missed some- that the President express in the make way for the Olympic-related con- thing very important. I support the strongest terms possible to the Chinese struction that occurred in Beijing. In Olympics. They are a wonderful oppor- that they need to address the human 2004, because three generations of his tunity for the world. But I strongly be- rights problems in their country that family were evicted from their homes, lieve that when the Olympics are held have been so deeply disturbing to the he applied for permission to organize a in a country such as China, and the rest of the world. protest against other alleged forced Government there makes certain rep- As I indicated, we have the names of evictions in connection with prepara- resentations about human rights not 807 political prisoners known or be- tions for the Olympics. He was ar- only to the Olympic Committee but lieved to be currently detained, impris- rested. He has been sentenced to 4 also to those who will attend the Olym- oned or under house arrest. These 807 years in prison. pics, and especially the President of records of Chinese people in jail are a Let me describe the charge. The the United States, who will meet with subset of the nearly 4,500 records in the charge for which he is serving 4 years President Hu, that he will bring that Political Prisoner Database. The rest in a Chinese prison is ‘‘provoking and message of freedom, liberty, and of the records reflect release, death, or making trouble.’’ Because three gen- human rights to the Chinese Govern- escape. erations of his family had been evicted ment and describe our expectation and Our commission works very hard to from their homes to make room for the the expectation of the international get information out about those who Olympics, he decided to circulate a pe- community that their citizens be al- are being held in some of the darkest tition to organize a protest against lowed full and genuine freedom.

VerDate Aug 31 2005 04:32 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.038 S01AUPT1 erowe on PRODPC61 with SENATE S7996 CONGRESSIONAL RECORD — SENATE August 1, 2008 Mr. President, how much time re- ture, which equals what we spend in How about saying that in this country mains? the war in Iraq in 40 hours. We ought to now on energy? The ACTING PRESIDENT pro tem- do everything and do it well; but we By the end of the next 10 years, we pore. The Senator from North Dakota ought to decide that if we are ad- will have substantially changed this has 6 minutes 20 seconds. dicted—and President Bush says we country’s energy mix, and we are going ENERGY are—what do you do with an addict? Do to make the investments necessary to Mr. DORGAN. Mr. President, I wish you say I will quit tomorrow and pass do it, so we are not shuffling around to make a couple comments about en- the bottle tonight? That is not what here 10 years from now with the same ergy. There has been a lot of discussion you do. You decide you are going to tired arguments I call ‘‘yesterday for- all week—in fact, the last several have something that is game changing. ever.’’ How about something that does weeks—on energy, and the reason is ob- You are going to go to a different kind advance this country’s long-term inter- vious. When you see the runup and dou- of energy future. est in energy? Let’s do everything we bling of price of gas and oil in a year, I wish to make a final point that is can at this point. In the meantime, the American people are pretty apo- very important. I support increased let’s set a goal and meet the goal as a plectic about that. They wonder what production, all those things. But my country that makes us less dependent can they do to respond to it. How do I colleagues in the Senate have on foreign oil and move to a different afford to fill my gas tank to go to blocked—some of them in the minor- kind of energy future. work? The airlines wonder: How do we ity—through eight votes, our deter- I yield the floor. afford to put jet fuel in the airplanes mination to provide tax incentives for The ACTING PRESIDENT pro tem- we fly? The truckers wonder: How do I renewable energy. Renewable energy is pore. The senior Senator from Oregon fill the saddle tanks and be able to af- so important, and we put into place is recognized. ford it? The farmers wonder: How do I permanent, robust tax incentives in Mr. WYDEN. Mr. President, I ask fill the fuel tanks for the harvest? This 1916 to say that if you look for oil and unanimous consent to speak for up to is a big hit to the American economy. gas, God bless you, we need it. If you 20 minutes. The first step is to do the obvious find it, you will get tax incentives. We The ACTING PRESIDENT pro tem- thing. I have a letter, for example, have done that for almost a century. pore. Without objection, it is so or- from the chief executive officer of an Do you know what we did for people dered. oil refining company called Tesoro. who tried to go find and produce wind, Mr. WYDEN. Mr. President, I am They don’t produce oil; they have to solar, and other renewable forms? We heading home for town meetings this buy oil like everybody else to refine it. put into place tax incentives in 1992— weekend. There is no question that the He believes there is a dramatic amount short term, kind of shallow—and we ex- dominant subject is going to be all the of excess speculation in the oil market. tended them five times, and we let economic hurt we are certainly seeing We need to wring out the excess specu- them expire three times. Start, stop, in Oregon and across the country. Peo- lation from the commodity markets. stutter step. The fact is, we shut off all ple are concerned about their gas bills Seventy-one percent of what is hap- the investment every time they stop. and their food bills and medical bills. pening in the oil futures market has They are set to expire at the end of the Yesterday, Senator GRASSLEY and I, nothing to do with people who want year. The minority has blocked, eight in an effort to look at a fresh approach oil. They don’t want a can of oil, a 5- times, the extension of the tax incen- to holding down gas bills, released gallon can or even a quart. They want tives so we can move toward a different what we call a discussion draft, in an to trade paper and make money. That energy future. effort to solicit ideas and input from market is broken and has been taken If we don’t understand that when 65 people who have expertise on this sub- over by speculators. We should set that percent of your oil comes from Saudi ject, about how we might change the market right and wring out the excess Arabia, Iraq, Kuwait, and Venezuela tax laws so as to not encourage specu- speculation in that market. We have and outside our country and that lation in the oil business. testimony before the committee that makes America vulnerable—if we don’t The current Tax Code gives specu- doing that can reduce the price of oil understand that, we ought to go back lators tax incentives to bid up the price and gas by 20 to 40 percent. That is step to bed; you don’t need to wake up. It of oil. Essentially, the current tax law 1. We ought to do the easy things, and has been pretty disconcerting to see distorts our markets. It favors one set then a lot of other things. people thumb their suspenders and of buyers and sellers over another. Sen- My colleagues say drill. I say abso- stick out their stomachs and say we ator GRASSLEY and I are going to be lutely. Conservation is the cheapest need to drill another hole someplace. seeking ideas and suggestions over the form of energy. Saving a barrel is the We suck 85 million barrels of oil a day month-long August recess in the hope same as producing a barrel. We waste a out of this planet, and 21 million bar- that in the fall, when the Senate recon- lot. Producing and drilling and con- rels of that are destined for this coun- venes, Democrats and Republicans can servation and efficiency. Every light try. We use one-fourth of every drop of come together on a bipartisan basis switch we turn on, every thermostat, oil pulled out of this planet every day, and come up with more sensible tax everything we do can be much more ef- and almost 65 percent of it comes from policies, so we don’t have a tax system ficient and lose much less energy, no outside our country. If you don’t un- that, in effect, creates incentives to question about that. Conservation, effi- derstand the vulnerability of that, then drive up the price of gasoline. ciency, production—and especially a you don’t have the capability to under- We have put out this proposal, and it game-changing approach away from stand very much, in my judgment. is on my Web site. Again, we call it a every 15 years shuffling in here like We need a robust, aggressive, new en- discussion draft. It is, in fact, just bags of wind in blue suits, talking ergy future. It must include virtually that—a way to gather ideas and input about the plan we had 15 years ago and everything, but at its root and at its and make sure people have a chance to 15 years before that and 15 years before foundation, it must have a game- be heard. that. changing device that says that 10 years On another economic hot button How about finding new energy and from now we are going to have a dif- issue that is burning a hole in the moving toward hydrogen fuel cell vehi- ferent energy mix, a different con- pockets of our people, I wish to spend a cles? Hydrogen is everywhere. Water struct. few minutes talking about health care. vapor would come out of the tailpipe. Yesterday, I said John F. Kennedy One of the reasons health care is so ex- Wouldn’t that be wonderful? Battery didn’t hang around in the early sixties pensive is that we pay for so much inef- storage technology, with substantial and say: I am thinking of sending a ficiency in our health care system. research, and moving to electric cars. person to the Moon or I am going to This year, we are going to spend about How about doing all these things? try to send a person to the Moon or I $2.3 trillion on American health care. Solar, wind, biomass, geothermal—we hope we can send a person to the Moon. Dr. Peter Orszag, the head of the CBO, have so many opportunities. We can That is not what he said. He said that estimates that about $700 billion of round up all the money we spend on all by the end of the decade, we are going that $2.3 trillion is essentially spent on of it and research a different energy fu- to have a person walking on the Moon. health care of little or no value. So we

VerDate Aug 31 2005 01:58 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.040 S01AUPT1 erowe on PRODPC61 with SENATE August 1, 2008 CONGRESSIONAL RECORD — SENATE S7997 have to find ways to root out some of tion of $15,000 annually to buy their proach, we can get a lot more for our this inefficient health care spending if health care. health care dollar. A lot of people in we are going to hold the costs down. It is our view that this amounts to a this country, say if they work for a Yesterday, a very remarkable hear- trifecta. Health care would be fairer small employer where they do not have ing was held in the Senate Finance because we would have taken away much bargaining power or they are out Committee on which I serve. Senator those Cadillac tax breaks and given on their own, cannot get that today. BAUCUS, chairman of the committee, to them to the middle-class folks who are We set this up so it looks, in terms of his credit, made it clear that he is having difficulty affording their health its operations, pretty much like the going to dig into these big issues. It is care. It would be more efficient be- way it works for us as Members of Con- clear, once again, that the Tax Code, as cause people would have choices of gress in terms of making our private it relates to health care, is clearly their private health coverage and have choices. There are places you can call driving up the cost for American fami- new incentives to make purchases care- for help in choosing a plan. And giving lies and for our people. In effect, the fully. And there would be a progressive everyone these kinds of private choices Tax Code encourages inefficient ex- way to finance extending coverage for injects competition and new opportuni- penditures in American health. We more of our people. ties to hold down costs into the sys- have writeoffs for employers. We have I have watched with great interest tem. breaks for individuals but they are not the effort in Pennsylvania where won- The issue we talked about yesterday shared by all. The $250 billion that is derful people, such as Governor Rendell in the Senate Finance Committee, the spent through these tax rules and committed State legislators, have Federal tax rules, I would guess there disproportionally goes to the most af- been trying to expand coverage. One of is probably not 1 out of 100 people in fluent in our society, rather than the the reasons it is hard to do at the State the United States who knows much people who need it the most. level is there is no progressive way to about this. But this is one of the big- If you live, for example, in a small finance some of the extra coverage for gest programs run by the Federal Gov- town in Ohio or a small town in Or- people who are uninsured or under- ernment. It comes to about $250 billion egon, here is the way it works with the insured. a year. And to have the money go out Tax Code: If you are well-off and you We have found that progressive fi- the door in a way that so wildly favors have a fancy health care plan, you can nancing in the Healthy Americans Act the most fortunate and encourages in- tuck a whole lot of your compensation because we take away the tax breaks efficiency at the same time strikes me into that health plan tax-free. So in a for those Cadillac plans used for de- as bizarre. town in Ohio or Oregon, if you are signer eyeglasses or new smiles, or Yesterday, under the leadership of going to buy a pair of designer eye- whatever, and we move that money to Chairman BAUCUS and Senator GRASS- glasses or get a designer smile, you can hard working families in Oregon and LEY, conversation was started about a write off the cost of those Cadillac ben- Pennsylvania and Ohio for expanded topic that I think is essential to this efits. But if you are somebody in a coverage. issue of fixing American health care. If small Oregon town or in Ohio who has Our approach, as was noted by the we do it right, there is the opportunity no health care, you don’t get those head of the Joint Committee on Tax- for expanding coverage in a progressive writeoffs. ation, would give 80 percent of the way so that the next time, for example, It is unfair. It encourages ineffi- American people a tax cut. A typical the Pennsylvania legislature wrestles ciency because the typical worker is in family spends about $12,000 buying with this issue—this issue that Gov- the dark about their health care. Even their private health insurance, if they ernor Rendell and Pennsylvania legis- if they have a plan, most of the time can afford it. We would give a tax cut lators tackled this last year and could they don’t have the choice. Most indi- to 80 percent of the American people not pass legislation on—they would be viduals don’t have a chance to hold with our approach. able to say some changes were made in down their health care costs the way The Senator from Pennsylvania and I Federal policy so as to fund in a pro- we do as Members of Congress. As sat in on a very good meeting yester- gressive way some of the changes that Members of Congress, we get to choose day describing some of the questions need to be made. between a host of private plans. If you that accompany making change on big There is no question this needs to be are lucky enough to have some em- economic issues. People want to know done in a careful and deliberate way. ployer coverage in our country, you how do you make sure it is not so con- We are talking about changing some- hardly ever have a choice, No. 1, and, fusing and your family doesn’t get lost thing that started in the 1940s. In the No. 2, if your money is being spent in- in red tape. For example, in health 1940s, it probably made a lot of sense. efficiently, there isn’t anything you care, people want to know: If I like We were not dealing with a global can do about it as an individual. In what I have, can I keep it? I like the economy, and people would go to work fact, most people don’t even realize the idea of looking at alternatives, but if I in Oregon or Pennsylvania at a young reason their take-home pay doesn’t go have a plan and I like it and my em- age and stay put until you gave them a up is because all of their potential in- ployer wants to continue to offer it, gold watch and a retirement dinner. crease in take-home pay when they are can I do it? The typical worker today changes their more productive seems to go to health What we said in the Healthy Ameri- job 11 times by the time they are in care. In fact, Dr. Orszag of the Congres- cans Act, sponsored by 16 of us in the their early forties. So they need a port- sional Budget Office has said there is Senate, was absolutely. If you want to able health plan they can take from so much inefficiency in the health care keep what you have and your employer place to place. We have done that in system that nothing much is going to wants to keep offering it, so be it. But the Healthy Americans Act as well. change until people realize they are if your employer wants more choices Chairman BAUCUS made a very im- losing out on take-home pay because and if you as a worker want more portant point in terms of making sure their take-home pay goes to pay for choices, we also provide that kind of this is explained to people in a more their health care. opportunity. That is why I have said simple and straightforward way than it What we have said as a group in the our proposal operates very much like has been in the past, certainly than as Senate—eight Democratic Senators what all of us—the Senator from Penn- it was explained in 1993. Then fun- and eight Republican Senators—is we sylvania, the Senator from Ohio, and damentally it has to be a commitment want to change this system that is so myself—have in the Congress. There is the Congress makes to our people to profoundly unfair to working people a period of time when we get to choose say: If you like what you have and em- and also rewards inefficiency. What we between the various private insurance ployers want to keep offering it, they have proposed in our legislation—the policies. The insurers cannot cream can do it. I hope they will. But nearly Healthy Americans Act—is to take skim. They cannot cherry pick and 7 percent of the employers have gotten away the Federal tax subsidies for the take only healthy people and send ev- out of the health business altogether in Cadillac health care plans and use that erybody who has a health problem the last few years and thousands more money instead so every family in somewhere else. We do that in the have heaped on the copayments and America can get a progressive deduc- Healthy Americans Act. With our ap- the deductibles in the last few years.

VerDate Aug 31 2005 02:27 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.040 S01AUPT1 erowe on PRODPC61 with SENATE S7998 CONGRESSIONAL RECORD — SENATE August 1, 2008 We need to have more choices, and 16 bringing in the producers, writing an That is what the Democratic majority Members of the Senate are working to- energy plan, that legislation then writ- has been trying repeatedly to do, to ward this goal. This is the first time in ten by Big Oil and other big energy take the money President Bush, Vice the history of this debate, in 60 years producers, pushed through a Repub- President CHENEY, and the Republican of the Senate debating this issue, there lican House of Representatives 3 years majorities in each U.S. House gave to has ever been a piece of legislation ago and a Republican Senate, having big oil in 2005 in the Energy bill and where a large number of Democrats given the President everything he put it into alternative energy develop- and Republicans have come together. wanted on an energy policy. ment. Senator BENNETT in particular, the That is obviously the best example of Senator WHITEHOUSE, speaking ear- Senator from Utah, a member of the how always in my 15 years here I have lier this morning, mentioned that for Republican leadership, deserves enor- seen Republicans protecting Big Oil. every $10,000 in profits Exxon has mous credit for his efforts to help find Most recently in the last year and a made, only $1 of the $10,000 has gone to common ground. half, as the Senator from Pennsylvania research and development for alter- Now we have a chance for the debate said so well earlier, we have seen eight native energy and $3 has gone into ad- as we go into September, with Chair- filibusters blocking any proposals we vertising how green they are and how man BAUCUS holding additional hear- have had on energy—short-term pro- much they are doing on alternative en- ings in September, and all our col- posals, medium-term proposals, long- ergy. Senator CASEY talked about the leagues being home and folks asking: term proposals. incredible increase in oil drilling in the What is going to be done about health As the Presiding Officer, Senator last few years; that the oil companies care? We have a chance now to start CASEY from Pennsylvania, talked are drilling plenty, but they under- that discussion about what it is going about, there is no silver bullet, but stand how to keep prices up. So I am for more drilling, but I am to take to fix American health care. there are things we can do imme- I submit that when people talk about diately. We can open the Strategic Pe- not for drilling in the Outer Conti- their bills, they are talking about their troleum Reserve, sell 10 percent of the nental Shelf. I am for the oil compa- gas bill, they are talking about their oil from that Reserve, bringing down nies drilling on the 68 million acres of food bill, they are talking about their prices pretty quickly. We can go after Federal lands on which they already have leases. Let’s do that first, and medical bill, and that medical bill is the speculators. I am not sure Senator let’s see where we are on that discus- pumped up—that is the only way you CASEY said this, but the President’s sion of drilling. We can’t drill ourselves can characterize it—by $700 billion Justice Department could go after the oil industry for some of the price out of this, it is clear. worth of spending that is inefficient Last point, Mr. President, and then I gouging that many of us in this body, and is of little or no value. The Federal wish to speak for a moment about and probably most of the American Tax Code, as we heard from three of something related to energy; that is, the experts yesterday, props up all that public—certainly people in Steuben- throughout my time in the House of inefficiency. So reforming those Fed- ville and Lima and Zanesville, OH— Representatives and the Senate in the eral tax rules, as we seek to do in the think the oil companies are engaged in. last 15 or so years, I have always no- Healthy Americans Act, is a key part We can do those things. ticed that oil prices go up when one of A few minutes ago, when I was the of the solution. four things happens: Either there is a Presiding Officer, I heard the minority I thank Chairman BAUCUS for his refinery fire or there is a pipeline out- leader say that the Democrats are of- leadership for being willing to tackle age or there is a major catastrophe, an issue that lots of people, frankly, fering legislation claiming it is only such as Katrina, or there is an inter- have ducked in past years. And I sub- speculation that is driving up prices. national incident that disrupts the mit that finding a bipartisan solution We have never done that. We have said: flow of oil to our country. It is either to these outdated, unfair tax rules— Yes, speculation is a big part of it. Sen- a major refinery fire, a major pipeline rules that show how broken the health ator DORGAN said speculation is like a outage, a major disaster such as Hurri- care system is—is a key to holding washcloth: you wring it out and you cane Katrina, or a major international down the costs that people are so upset will get an immediate 20, 30, or 40 per- incident that disrupts the flow of oil to about and assure that we attain our cent price decrease overall just by our country. goal, which is all Americans have high- wringing out the speculation. None of those things has happened in quality affordable health care. But what the other side never talks the last couple of years. Sure, China Mr. President, I yield the floor. I sug- about is that it is not just that we and India are using more oil, and that gest the absence of a quorum. want to deal with speculation and open is a long-term, huge issue in terms of The PRESIDING OFFICER (Mr. the Strategic Petroleum Reserve and the oil crisis, but to see the kinds of oil CASEY). The clerk will call the roll. have the Justice Department go after spikes we have seen in the last year The legislative clerk proceeded to the increasingly, immensely profitable and to look at what we have seen, call the roll. oil industry on price gouging, but we frankly, in the 8 years of two oilmen in Mr. BROWN. Mr. President, I ask also have a very specific long-term en- the White House—we know that story— unanimous consent that the order for ergy plan. nothing has happened that should have the quorum call be rescinded. As Senator DORGAN said, President caused oil prices to go up that dramati- The PRESIDING OFFICER. Without Kennedy didn’t say: Let’s think about cally. If anything, that absolutely objection, it is so ordered. going to the Moon. He said: We are shows it is all, in large part, about Mr. BROWN. Mr. President, I have going to put a man on the Moon. It was speculation, and it is about the price been in the House of Representatives the early 1960s, and he said we could do gaming of the system that the oil in- and the Senate now for about a little it by the end of the decade. And he did dustry and Wall Street have done. over 15 years. One thing you can count it. It happened by July 1969. I was 16 As we talk about energy, we often on that I have seen over and over is then. We had just gotten our first color talk about what that means to our Na- you can always count on Republicans television, I remember. My brother had tion’s infrastructure. Today marks the to stand up for Big Oil. We can look in convinced my parents that because of 1-year anniversary of the I–35 bridge recent memory. We can look at the En- the Moon landing, we should get a collapse in Minneapolis. Our freshman ergy bill 3 years ago—earlier than that. color television. My parents didn’t colleague, Senator KLOBUCHAR, has We can look at the plan Vice President really know this wasn’t going to be in spoken eloquently about that and what CHENEY wrote in the White House color, but it was a good move by my we need to do about that. It took the bringing in all the energy executives, brother, I must admit. But I remember lives, as we remember, of 13 people and not bringing in consumer groups, not looking up in the sky and not seeing injured nearly 100. bringing in environmentalists, not anything other than the big white The Minnesota bridge collapse was a bringing in small businesses that are Moon, but how exciting it was that we rude awakening to Americans about hit so hard by high energy costs, not could do this. the current state of our critical infra- bringing in truckers, not bringing in The same thing could be true with structure and the importance of im- people who are paying the bills, but the President on alternative energy. proving all aspects of bridge safety.

VerDate Aug 31 2005 02:27 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.041 S01AUPT1 erowe on PRODPC61 with SENATE August 1, 2008 CONGRESSIONAL RECORD — SENATE S7999 Corrosion, for example, which causes including drinking water and sewer through today and not looking ahead. metal in bridges to rust and ultimately systems, motor vehicles, pipelines, and Business doesn’t look often enough be- weaken, is a significant problem for defense infrastructure. yond the next quarter, and government our Nation’s bridges but one that is re- I know that the Senator from Penn- doesn’t look often enough beyond the solvable if addressed by Congress. sylvania, when he is in Erie or Sharon, next election cycle. This is an oppor- In 1998, there was an amendment to close to my State, or when he is in tunity for the Nation to use its re- ISTEA, the highway bill. Congress eastern or central Pennsylvania, hears search and development talent to ad- commissioned a report about the cost over and over from mayors, as I do, dress the unnecessary and enormously of corrosion—a report from the Federal about the problems with infrastructure costly burden we bear as our infra- Highway Administration—and that re- and what that means to the cost of structure rusts away and needs to be port to Congress, conducted by CC people’s water and sewer bills. Mayor replaced. Technologies of Dublin, OH, a commu- Coleman of Columbus told me months We remember the Minnesota bridge nity near Columbus, has estimated ago what he was facing—more impor- collapse of 1 year ago. This body can that corrosion costs the Nation an un- tantly, what consumers, what home- honor the memory of those who died believable 3-plus percent of gross do- owners and renters in Columbus are there and learn our lesson from looking mestic product annually, or $442 billion facing—with the increased cost of ahead and helping local and State gov- last year. In my State alone, corrosion water and sewer bills because of de- ernments adopt these anticorrosion ultimately cost Ohio taxpayers, in mands from the Federal Government measures. It will ultimately save lives damage to bridges and highways and on what we need to do to guarantee and billions of taxpayer dollars. It is other infrastructure, $15.1 billion. For safe drinking water, demands local something we can do, and it is some- bridges alone, this country spent $13 governments want to meet but at costs thing we should begin today. billion and $500 million in Ohio in 2007. which they simply can’t bear. So home- Mr. President, I yield the floor, and I In that same report, the FHA esti- owners see double-digit increases in the suggest the absence of a quorum. mated a third of that cost could be pre- cost of their water and sewer. The PRESIDING OFFICER. The vented through existing corrosion-con- I met recently with the mayor of De- clerk will call the roll. trol technologies. fiance, Mayor Armstrong, in northwest The assistant legislative clerk pro- There are many bills pending before Ohio at a roundtable—one of the hun- ceeded to call the roll. this Congress that would lessen or pre- dred or so roundtables I have con- Mr. DODD. Mr. President, I ask unan- vent future corrosion of our Nation’s ducted in most of Ohio’s 88 counties— imous consent that the order for the infrastructure. and I talked to him about what these quorum call be rescinded. S. 3319 requires that any proposal to costs are meaning to him in terms of The PRESIDING OFFICER. Without the Department of Transportation for sewer and water bills for residents of objection, it is so ordered. bridge construction or modification or Defiance and Defiance County. HOUSING AND ECONOMIC RECOVERY ACT OF 2008 renovation include a corrosion mitiga- A few months before that, I had a Mr. DODD. Mr. President, I wish to tion and prevention plan. When a State roundtable with the mayors of Fre- take a few minutes, if I may, before we highway department submits a pro- mont, Paulding, and Perrysburg, again conclude business here today, and then posal to the Department of Transpor- in northwestern Ohio. Mayor Overmyer basically I guess we will be in either tation about this, under this legisla- of Fremont, Mayor White of Paulding, adjournment or recess until the first tion—there is no demand or other man- and Mayor Evans of Perrysburg, where week in September. I wish to take a date—it must include a corrosion miti- the meeting was conducted— moment or so and review the events of gation and prevention plan that looks Perrysburg City Hall in Wood County— the past number of weeks, culminating at how much money it will cost to do were all telling me about the immense in the vote a week or so ago on the the corrosion prevention and mitiga- costs they were facing and, again, more housing legislation. Of course, the Pre- tion and see how much money over the importantly, their constituents were siding Officer played a very important next 10, 20, or 30 years the taxpayers facing with the high cost of water and and supportive role, and I appreciate will save because these bridges will sewer. immensely his participation on the last longer and will be safer in the en- Corrosion protection plans of this Banking Committee and the effort we suing years. This plan would incor- type can make a big difference in re- made together to achieve what I think porate existing technologies to en- lieving the cost of all kinds of infra- is a fairly historic piece of legislation. hance the safety of bridges and save structure. The new I–35 bridge project The news from the housing and finan- Ohio and the Nation billions of dollars is under heightened scrutiny from ev- cial markets continues to be grim. Un- a year at a time when highway funding erybody—public officials, the media, fortunately, the new Case-Schiller is suffering severely from a dramatic and obviously Minnesotans who travel Index—which most people are familiar rise in construction cost. that bridge regularly to and from with and which is used to determine The reason I talked earlier about en- work. Their new bridge will be the level of home values—Case-Schiller ergy and connected it to these highway equipped with the best technology data earlier this week shows that home issues and bridge issues and water and available, including built-in sensors to prices were down 15.8 Percent from sewer issues is that the gas tax—which measure corrosion. May of last year, including a .9-per- certainly funds much of our highway With all these bridge projects in cent, 1-month drop in the month of and bridge infrastructure, the con- other places, we should have this level May alone. The 10-city price index, struction and maintenance—the tax of attention and they should be out- which dates to 1988, dropped 16.9 per- dollars are not increasing, and it is be- fitted with robust safety technology cent, its sharpest decline on record cause it is not a percentage of the cost and anticorrosion technology. The since those numbers have been kept of oil, of the cost of gas, it is the cost technology is pretty far down the road. over the last 20 years. All 20 cities per gallon of gas purchased. So as peo- We are able to do an awful lot of things measured by the index showed annual ple are using less, revenues are down, to arrest and almost stop corrosion and declines in home values, and 10 cities and obviously construction costs are the aging of these bridges. Our legisla- have suffered double-digit percentage up as asphalt and other oil-based mate- tion will not just utilize the tech- declines over the last year. rials are included in the construction. nology that is available now, but it Job data is not any better, I am sad S. 3316, a separate piece of legislation will spur on new technologies to arrest to point out. It shows a loss of 50,000 I have introduced, would provide a 50- bridge corrosion. jobs. The unemployment rate now is at percent tax credit to companies for the Anticorrosion and corrosion-detec- 5.7 percent. design, materials, and installation of tion measures save money and lives. It Earlier this week, the President corrosion-mitigation technology. The is nothing but shortsighted to bypass signed the Housing and Economic Re- tax credits would encourage further such measures. For too long, we have covery Act. I am grateful to him for work in corrosion mitigation, expand- governed in a way that has sort of got- that signature. He earlier indicated he ing beyond bridges to include all kinds ten us through the day, thinking that was going to veto the bill but changed of infrastructure affected by corrosion, we have to figure out how to get his mind. I, for one, appreciate that

VerDate Aug 31 2005 02:27 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.043 S01AUPT1 erowe on PRODPC61 with SENATE S8000 CONGRESSIONAL RECORD — SENATE August 1, 2008 change of mind, because I think it is an istration, have been about the only Finally, the bill includes $150 million important message to send to markets sources of mortgage credit available to in counseling money to organizations about the importance of this bill. I most Americans. This will make this out there trying to bring lenders and wish to quickly point out that the credit more widely available to more borrowers together. President didn’t like every provision in families seeking to buy or to refinance Let me take advantage of this mo- this bill, nor did I necessarily, for that their homes. ment to urge my colleagues to do what matter, but he signed it into law and The bill modernizes and expands the I am going to be doing in my own for that we are grateful. Federal Housing Administration pro- State, and that is doing public service This legislation is a crucial response grams, raising the loan limits from announcements, asking my media out- to the ongoing housing and economic $362,000 to $625,000, so that 98 percent of lets on a daily basis to inform people as crisis. Most of the legislation took ef- the counties in our country and 85 per- to what they can do. If they are delin- fect immediately upon it being signed cent of the population of our Nation quent in their mortgages, they may into law by the President. Already, the will have access to this very critical very well qualify for this program we new regulator for the housing GSEs is program. FHA has proved its value have passed in the Congress, where on the job. We are not even a week into over and over again, particularly in the they can save that house. It is not the bill and he is already there, pre- current crisis, as it has continued to be going to be free of charge; they are paring to write the numerous new reg- a stable source of mortgage credit, going to have some obligations to ulations required by this law. even while many of the lenders have meet. It is not for everyone. You have On Tuesday, before the President failed. By raising these loan limits, to be an owner-occupier. It is not for even signed the bill, I met with mem- that credit line now becomes available, speculative investments people have bers of the oversight board of the new as I said, to more than 85 percent of the made. I urge people to call their banks, HOPE for Homeowners program: the population of our country. call one of these nonprofits, call the of- Chairman of the Federal Reserve, The bill also includes a permanent, fice of your Congressman or Senator, Chairman Bernanke; the Chairman of affordable housing fund financed by and they will tell you how to get in the Federal Deposit Insurance Corpora- Fannie Mae and Freddie Mac. This is touch with them, but don’t allow an- tion, Sheila Bair; the Secretary of the the first time ever in the history of our other month or two to go by on a delin- Treasury, Secretary Paulson; and the Nation we have established a perma- quent basis. You may end up losing a Secretary of Housing and Urban Devel- nent affordable housing program. Nine- home that you need to have, and it is opment, Secretary Preston. We all met ty percent of these dollars will go for possible to save that property if you in my office as the oversight board. I the construction of rental housing. will step up. urged them to get to work imme- This will take a little time to get in So I urge my colleagues, if they are diately. They assured me they were place and will not immediately come interested in doing what they can for doing that. In fact, the very next day on line as other provisions of the bill their constituents in the month of Au- they were having the very first meet- will, but for the long-term needs of our gust, to find the time to talk about ing of the oversight board. I commend country, including the ability to build this program, let your constituents them for that. Anywhere from 400,000 affordable housing every single year as know it exists, urge them to step for- to 600,000 families can keep their homes a result of GSE money, is going to pro- ward, urge your lenders to be in touch if, in fact, that program works as we vide great relief for those who can’t af- with borrowers to see if we can’t avoid all hope it will. ford a home, those who are starting out the kind of continuing foreclosure Next week, my staff is meeting with and need to have affordable rental issues that are going to make our eco- HUD staff to push them to complete housing. nomic recovery difficult. the regulations to get out the $3.9 bil- The bill includes new protections for I will end on this note: The heart of lion in Community Development Block elderly homeowners taking out the our economic problems, whether it is Grant funds. For Connecticut, as well FHA-insured reverse mortgages so they the unemployment problems, the stag- as Pennsylvania and other States, are not deceived into using the pro- gering lack of commercial development these dollars could be very valuable in ceeds from these loans to buy expen- that is going on, the problem with stu- restoring neighborhoods and homes sive and needless insurance products. It dent loans—all of it relates back to the that have been foreclosed, getting will require mortgage brokers to be li- foreclosure issue. The sooner we can them back on the market and pro- censed. Again, that is a major reform stop this hemorrhaging of foreclosures ducing those tax revenues every com- in this legislation. in the country, the quicker we are munity needs in order to provide serv- The bill expands the ability of the going to get back on our feet economi- ices to its people. The law requires VA housing programs. It includes a cally. So this is not just about saving HUD to have a formula for the dis- number of provisions to help our re- homes or keeping people in their tribution of this money ready in 60 turning veterans coming back from homes; it is also dealing with the con- days, and I intend to make sure this Iraq and Afghanistan and elsewhere to tagion effect that has spread over to deadline is met, hence the reason for save their homes from foreclosure. other aspects of our economy. the meeting with the HUD staff. Tragically, you would be amazed at I wanted to take advantage of these The Housing and Economic Recovery how many of our service men and closing moments to talk about the bill, Act has a number of provisions that women serving in harm’s way are at to talk about what is in it, and urge will make a real difference in people’s risk of losing their properties while our colleagues—Democrats, Repub- lives, and I want my colleagues to be they are serving overseas. This bill licans—whether you are for the bill or able to explain them to their constitu- changes that by providing new housing against the bill, there is an oppor- ents as they travel around their States benefits to our veterans. tunity now to make a difference for the over the next several weeks. First and The legislation includes $3.9 billion, people you represent. foremost, the bill establishes the HOPE as I mentioned, in Community Devel- With that, Mr. President, I yield the for Homeowners Act to help 400,000 opment Block Grant funds. These are floor and note the absence of a quorum. families keep their homes. It does so dollars that go directly back to our The PRESIDING OFFICER. The after asking both lenders and bor- communities to allow them to rehabili- clerk will call the roll. rowers to make financial sacrifices, tate homes and revitalize neighbor- The assistant legislative clerk pro- and it does so at absolutely no cost to hoods that have been devastated by the ceeded to call the roll. taxpayers. This program will become foreclosure problem. Remember, 8,000 Ms. CANTWELL. Mr. President, I ask effective on October 1. to 9,000 people every day end up in fore- unanimous consent that the order for In addition to providing a much closure—8,000 to 9,000 homes every day. the quorum call be rescinded. stronger regulator, the bill increases Certain neighborhoods in our States The PRESIDING OFFICER. Without the loan limits for Fannie Mae and and in our cities have been literally objection, it is so ordered. Freddie Mac to $625,000. These GSEs— devastated by foreclosures. These dol- MISSED ENERGY OPPORTUNITIES government-sponsored enterprises— lars will help to get those neighbor- Ms. CANTWELL. Mr. President, I along with the Federal Housing Admin- hoods back on their feet. rise today to put some facts on the

VerDate Aug 31 2005 02:27 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.059 S01AUPT1 erowe on PRODPC61 with SENATE August 1, 2008 CONGRESSIONAL RECORD — SENATE S8001 table about the high cost of energy. I I think it is safe to say that the last price when we are such a small player know many of my colleagues have left 8 years of this administration has done on the world market is really a hoax. town, but some are still here. And even great damage to the continuation of We are not going to be able to have any though today is August 1, I doubt that our addiction to foreign oil. We have significant impact on the price. it is the last we are going to hear on tried their approach. It doesn’t work. Even if we drilled in every last corner this debate. I expect that we will hear So what we need to do today is move of our great Nation it would not have about it all during August. ahead. any impact. We will never be able to I come to the floor this afternoon to We need to admit the United States drill our way out of the fact that our just put a few last remarks into the consumes one-quarter of the world’s oil addiction to oil leaves critical aspects RECORD about what I think this debate but only has less than 2 percent of the of our economy in the hands of OPEC. has been about and what I think it will world’s oil reserves. We will never, ever We do not have 22 years to wait. We be about when we return. I know some be able to affect the world oil price. need to be aggressive in getting off oil of my colleagues have put out state- Even if we drilled in every corner of and move ahead. I know many of my ments today about what they think we God’s creation in the United States, we colleagues really think the drilling should do in moving forward. I think it would not be able to affect the world that has been talked about here will is very important to address the issue price of oil. provide relief, and they assume that oil of the high cost of energy and to put Americans can do the math. They companies would invest the tens of bil- forth a realistic plan for our country to know we need to be aggressively put- lions of dollars it would take to drill up move forward. ting new policies into place that will and down our coastlines. I guess we Many times this week we heard the make us a 21st century leader in new should ignore for the moment that slogan: Find more and use less. It re- energy solutions. That is what we these same oil companies are not even minds me of the slogans we hear on oil should be doing in the Senate as well. utilizing 83 percent of the leases they company commercials who spend hun- Unfortunately, it seems as though already have. dreds of millions of dollars saying many of my colleagues aren’t doing But the truth is that all the drilling things such as ‘‘beyond petroleum,’’ this simple math. Instead, they are will do, even post-2030, is lead to 1 per- and ‘‘look at the future we are plan- trying to exploit the current crisis and cent of what the United States needs. ning.’’ They are spending all of that convince us that we should continue That is right, if we go ahead and lift money trying to convince us they have this oil addiction. That the answer is the moratorium on Outer Continental a plan, when in reality they are keep- to give big oil one of their top legisla- Shelf drilling and that process starts ing us addicted to oil. tive priorities—one they have wished and we get to 2030, the United States Mr. President, now is not the time to for for several decades breaking the will still need over 22 million barrels of worry about big oil. They just posted quarter-century-old moratorium on oil a day. That is what our growth rate astronomical second quarter profits. drilling off of America’s pristine coast. is expected to be under the status quo. Pro-drilling advocates and certainly ExxonMobil alone made about $130 mil- Drilling in the 600-million-acre morato- the President of the United States lion a day—not bad for a hard day’s rium areas would only meet 1 percent seem perfectly comfortable perpe- work impacting consumers. In fact, of U.S. needs in 2030. All that money, trating what I think is a cruel hoax on since the Bush Administration came all that risk of catastrophic spills, all the American people. They are willing into office, oil industry profits have to- to imply, to insinuate, and to outright the years of waiting, and that is the taled $641 billion. And as this chart pretend that drilling off our coastlines payoff—1 percent. It is not good enough, and the Amer- shows every year’s profit was greater will help provide some relief at the ican people need and deserve better so- than the last. pump. They are willing to pretend that The complexity of this issue is that lutions. That is what, when we return, drilling will somehow lessen our dan- many colleagues really think that gerous dependence on foreign oil. we have to focus on. drilling more is going to solve our na- Though my colleagues on the other There is a way out of this hole. It is tion’s energy crisis. But the clear facts side of the aisle do not like to admit definitely not drilling deeper, and it is is it is not going to; drilling more will this, the American people can listen to time to say enough is enough and that just continue to add to the profits of experts at the Department of Energy we have to change course. My col- these companies at a time when we who say: leagues who use a chart that says should be investing in clean energy so- Access to the Pacific, Atlantic, and eastern ‘‘Find More, Use Less’’ on the other lutions. Gulf Coast regions would not have a signifi- side of the aisle have the same empty So now is not the time to give the cant impact on domestic crude oil and nat- slogan as those oil company ads that American people the false hope that ural gas production or prices before 2030. pretend they are the solution. drilling is going to have any effect on We heard that 2030 is the magic year In fact, I think the solution my col- oil prices or provide any drop of relief by which drilling in the Outer Conti- leagues on the other side of the aisle at the pump. Now is not the time to nental Shelf would produce supply. But ought to consider is: Find more and play politics and to try to continue to our own Energy Information Adminis- hold up less. They ought to hold up less play the blame game. tration said that access to the Pacific, legislation that allows us to move for- Instead now is the time to realize Atlantic, and eastern gulf coast regions ward on a renewable energy strategy. that our economy can’t take much would not have a significant impact on Find more renewable energy and more of this. We simply have to get off the price before 2030. sources of power and production for the of oil. It is time, after 8 years of an ad- I know we had a lot of discussion United States that can impact the ministration with a dead-end oil pol- about the psychological impact, but oil price consumers are paying now, can icy, that we understand the long-term industry experts have testified before impact what they are going to have to cost of our addiction to oil and how it Congress that the notion of more drill- pay in 2009, and what they can do to is strangling our economy and our vi- ing would have no psychological effect get us moving off our oil addiction. tality. Because unless we change on world oil prices. That is from oil an- I say hold up less, because if we look course, and change course soon, we alysts who have written books about at what has happened in the last year soon will be sending $1 trillion abroad oil and covered it for many years. or two, we have had many proposals to to cover our foreign oil addiction. No But even in 22 years the offshore move ahead off oil and on to clean en- amount of drilling—no amount—in the drilling scheme will not provide con- ergy sources that would have impacted United States will change that fact. sumers relief. This is what the Energy the price at the pump. In fact, what Just a few years ago I would come to Information Administration said: this chart shows is the dozen times the the floor and talk about how we were Because oil prices are determined on the other side of the aisle held up critical 50-percent dependent, heading toward international market, any impact on average clean energy bills. 60-percent dependent on foreign oil. wellhead prices is expected to be insignifi- Starting in June of 2007, when we had Now we are talking about being 70-per- cant. a $28 billion clean energy package that cent dependent and even more unless So the notion that somehow our we tried to pass. This bill would have we change course. drilling is going to help us relieve the eliminated some of the subsidies that

VerDate Aug 31 2005 02:27 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.060 S01AUPT1 erowe on PRODPC61 with SENATE S8002 CONGRESSIONAL RECORD — SENATE August 1, 2008 oil companies got embedded in the Tax and implement these solutions that clean energy tax incentives on the Code, because if we are at $126 or $140 a could help us today and break the stimulus bill. This time we gave up and barrel of oil, it is pretty hard to argue shackles of big oil. said: You know what, forget the oil that oil companies still need tax incen- As I mentioned, this was a bipartisan company subsidies, we would like to tives. bill that Senators HATCH, OBAMA, and I get rid of them, but you don’t want to One of the best parts of this legisla- introduced over a year ago. Our bill get rid of them, so let’s put this as part tive package created a consumer tax provides scalable credits that increase of the stimulus package and let’s stim- credit of up to $7,500 toward the pur- up to $15,000 for large vehicles. We had ulate our economy by moving forward. chase of plug-in electric vehicle. That this big discussion about what cars The stimulus bill reported by the Fi- was a provision I authored with Sen- Americans drive, how big, how small, nance Committee had $6 billion in ator HATCH and Senator OBAMA. I know safety issues, farm vehicles, big trans- clean energy incentives that would many of my colleagues on the other portation vehicles. The great thing have provided a short-term extension side of the aisle have talked a lot re- about plug-in hybrids and battery tech- of expiring tax credits and help us cently about the great promise of plug- nology moving us forward is we can put stimulate the clean energy economy in hybrids and electric vehicles as a those in any size vehicle. We are not instead of having it bleed a slow death. way to get us off our addiction to oil. going to be limited to a small car. The But we failed to pass that legislation. I talked about that 1 percent that legislation would also provide assist- It would have helped us with the cre- was going to be supplied by drilling by ance for automakers and parts manu- ation of 100,000 green-collar jobs and 2030. If we invested in plug-in electric facturers to retool their facilities to $20 billion in energy investment over vehicles over roughly the same period speed up the transition time. the next year. If $20 billion was not of time, using electricity from our grid So the Hatch-Cantwell-Obama bill stimulus and 100,000 green energy jobs, for fuel, we could have a 50-percent re- would have been very progressive in I don’t know what was. Yet that was duction in the amount of foreign oil we getting solutions out into the market- another big hold on our ability to move would need to import. place that could have gotten us toward forward. So the Republican plan by 2030 is to that goal we need to get to quickly. The bottom line is, we cannot keep drill everywhere to reduce foreign oil Unfortunately, in December of 2007, up this slogan of saying: Find more, needs by 200,000 barrels of oil per day. there was another blocked attempt for use less. We need to find more clean en- Our plan, which is investment in clean us to change this policy. In December ergy and hold up less legislation that and alternative energy solutions, like of last year, the majority of Senate Re- will let us get there. Quit holding hos- the plug-in electric vehicles would re- publicans blocked what would have cre- tage clean energy legislation that is duce foreign oil imports by 6.5 million ated a renewable electricity standard. the truer predictor of domestic energy barrels of oil a day over the same time That is something even President production, of if we are going to con- period. Bush, when he was Governor of Texas, tinue to be hostage to foreign oil, of if The difference is unbelievable what supported and today Texas is the na- we are going to make progress of mov- we could have achieved if the Repub- tion’s largest wind energy producer for ing the United States forward. But licans would have stopped holding up our country. But Republican obstruc- again our colleagues held us up on these policies. tionism cost us over 90,000 megawatts moving to that legislation. And my colleagues on the other side of new renewable energy capacity by In fact, it was interesting that during of the aisle are saying: We are not sup- 2020. That is the equivalent of 135 new the time of this vote, some of my col- porting plug-in electric vehicles unless coal-fired powerplants. leagues were actually out campaigning If they had not blocked this legisla- you give us offshore drilling. They are at a solar plant. The CEO at the solar tion in December of last year, we could saying we are holding hostage the plant during that debate said: have been on our way in 2020 to reduc- great ideas and promise of the future of ing the amount of coal-fired power- The only question before us today is if the Senate, which is debating an economic stim- reducing our oil dependence unless you plants that we would have had in our agree to continue the old, insane prac- ulus bill at this very moment, understands country and getting on to renewable green and can be green. Federal tax credits tices of giving incentives to oil compa- wind energy. The billions of dollars in nies with record profits to continue to for solar energy are about to expire which clean energy investment, tens of thou- will send the growing solar energy into a provide the non-solutions to one of our sands of jobs could be making an in- tailspin, especially here in California. But nation’s greatest problems. credible positive impact, more so than the Senate can ensure we keep the economic It is time to get the solutions out of any drilling offshore could ever be. engine moving forward and extend the solar the hands of the oil companies and into Then, just a few days later, there was tax credits as part of the economic stimulus the hands of the American public who another blocked attempt to move to- bill. want tools to reduce their oil consump- ward a clean energy transition when We know what the result was. We tion. Republicans blocked a smaller clean didn’t pass that legislation. And the Literally, my colleagues voted no for energy tax incentive package that also blockage continued. cars that could get over 100 miles per would have ended subsidies to the big In June of this year, blocking contin- gallon on the equivalent of $1 of gaso- oil companies that have made these ued on a tri-partisan bill on the Senate line. That is right, that is what a plug- record profits. Even this scaled-back floor. That is right, a climate change in hybrid will get you. That analysis approach was too much for big oil, and bill authored by an Independent, Re- and study is there, that our nation’s they basically made their voice heard publican, and a Democrat that would electricity grid today has enough spare on Capitol Hill. Big oil refused to give have had a low carbon fuel standard in capacity to power 70 percent of cars on up what was $13 billion in unwarranted it that would have saved an estimated the road today if they were electric hy- tax breaks over 10 years, despite hun- 5 million barrels of oil per day by 2020. brids. So instead of paying $3.99 for a dreds of billions in profits over the last That is equal to nearly 85 percent of gallon of gas, you would only pay 8 years. our daily oil imports from OPEC. An- about one dollar for the same amount Mr. President, the American people other missed opportunity, because that of electricity. should know that Senators that voted legislation didn’t pass. This was just one realistic proposal against that bill voted against solar On June 10, we had another oppor- the majority offered to move our na- power, against wind power, against tunity to try to pass clean energy leg- tion to where we need to go. But every making homes and our commercial islation that would have helped us in time they vote no on one of these pro- buildings more efficient. Against in- reducing our critical energy needs. posals, we slow up the process. Voting centives for homeowners to lower their There were hundreds of businesses that no in June of 2007 was holding us up to home heating and cooling bills and were up here on the Hill asking for us going to that transition. against making the electricity grid to pass this legislation, telling us that So I am glad other people on the smarter, less prone to blackouts, and new job creation and reduction of fuel other side of the aisle realize the prom- against plug-in vehicles. costs depended on it, and yet, again, we ise of plug-in electrics, but they are Last February, there was another had a blockage of this legislation. And not voting to help us break through successful effort to block $6 billion of it seemed, in fact, that many people

VerDate Aug 31 2005 02:27 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.061 S01AUPT1 erowe on PRODPC61 with SENATE August 1, 2008 CONGRESSIONAL RECORD — SENATE S8003 cared more about the hedge fund man- not drilling hoaxes. I hope they will ELWOOD ‘‘BUD’’ LINK DEPART- agers’ ability to use offshore accounts quit holding clean energy hostage for MENT OF VETERANS AFFAIRS to avoid paying taxes than they did the oil company executives; quit hold- OUTPATIENT CLINIC whether we were going to solve this en- ing up the good legislation that could Ms. CANTWELL. Mr. President, I ask ergy problem by making an investment move our country forward. unanimous consent that the Veterans’ in new energy. So again we had a I hope my colleagues will come back Affairs Committee be discharged from blocked vote that prohibited us from to the Senate in September with the further consideration of H.R. 2245 and taking action and taking our country notion in mind that reducing by 50 per- that the Senate proceed to its imme- in a new direction. cent our dependence on foreign oil by diate consideration. That same day we tried a second vote accelerating the transition to plug-in The PRESIDING OFFICER. Without and again were blocked in a com- electric vehicles should be our goal. objection, it is so ordered. The clerk prehensive effort to get oil companies That they will realize that holding up will report the bill by title. to either reinvest a portion of their as- good legislation hostage for the 1 per- The assistant legislative clerk read tronomical profits into these needed cent—the 1 percent—we might get from as follows: areas of infrastructure or pay the tax our Outer Continental Shelf drilling is A bill (H.R. 2245) to designate the Depart- so we could help clean energy solu- risking our country’s future. ment of Veterans Affairs outpatient clinic in tions. And you guessed it, it was also This is the time to make the transi- Wenatchee, Washington, as the Elwood blocked and held up. tion, and I hope my colleagues will ‘‘Bud’’ Link Department of Veterans Affairs About 6 weeks ago, on June 17, there hear that and understand it is not time Outpatient Clinic. was another blocked attempt when we to keep perpetrating hoaxes backed by There being no objection, the Senate tried to come up with a resolution to and focused on by the oil companies. proceeded to consider the bill. the long overdue extensions of clean Rather its time to stop the politics and Ms. CANTWELL. Mr. President, I ask energy tax incentives. Again, a strict get serious about implementing a plan unanimous consent that the bill be party-line discipline maintained a fili- that gets our country off our depend- read a third time, passed, the motion buster, and companies across America ence on oil. So I hope when we get back to reconsider be laid upon the table, started to lose hope that we were going in September the other side of the aisle with no intervening action or debate, to keep this investment cycle. will quit holding up these critical clean and that any statements be printed in The problem is, without the tax in- energy bills and work with us to move the RECORD. centives every year, where we have forward on a desperately needed new The PRESIDING OFFICER. Without failed to produce a coherent policy on energy strategy for the United States objection, it is so ordered. clean energy, we have seen astronom- that will provide real price relief for The bill (H.R. 2245) was ordered to a ical drops in investment. As this chart Americans. third reading, was read the third time, of wind energy investment shows there I thank the Presiding Officer, and I and passed. was a 73-percent drop in 2001 to 2002, yield the floor. f and a 77-percent drop from 2003 to 2004, f SSI EXTENSION FOR ELDERLY the two times Congress allowed the AND DISABLED REFUGEES ACT Production Tax Credit to expire. And RAILROAD SAFETY ENHANCEMENT this is where we have gotten in 2007— Ms. CANTWELL. Mr. President, I ask ACT this level of investment in wind energy unanimous consent that the Com- resources. Yet now it is collapsing Ms. CANTWELL. Mr. President, I ask mittee on Finance be discharged from right in front of us because certain unanimous consent that the Commerce further consideration of H.R. 2608 and Senators would not pass legislation to Committee be discharged from further the Senate proceed to its immediate make continued investments and con- consideration of H.R. 2095, and that the consideration. tinued predictable policy that the Senate proceed to its immediate con- The PRESIDING OFFICER. Without clean energy industry can use to put up sideration. objection, it is so ordered. The clerk new power plants. The PRESIDING OFFICER. Without will report the bill by title. In fact, around this time I got a let- objection, it is so ordered. The assistant legislative clerk read ter from a company that I think illus- The clerk will report the bill by title. as follows: trates the mistake we made. It came The assistant legislative clerk read A bill (H.R. 2608) to amend section 402 of from a solar company named Abengoa as follows: the Personal Responsibility and Work Oppor- tunity Reconciliation Act of 1996 to provide, and the Arizona Public Service, a local A bill (H.R. 2095) to amend title 49, United in fiscal years 2008 through 2010, extensions utility company. They told me that the States Code, to prevent railroad fatalities, of supplemental security income for refu- Senate’s failure to pass clean energy injuries, and hazardous material releases, to gees, asylees, and certain other humani- tax incentives was going to lead to the authorize the Federal Railroad Safety Ad- tarian immigrants, and to amend the Inter- cancellation of a 280-megawatt concen- ministration, and for other purposes. nal Revenue Code to collect unemployment trating solar plant near Phoenix. That There being no objection, the Senate compensation debts resulting from fraud. is a $1 billion investment down the proceeded to consider the bill. There being no objection, the Senate drain, and 2,000 construction jobs that Ms. CANTWELL. Mr. President, I ask proceeded to consider the bill. will not happen, as well as 80 full-time unanimous consent that a Lautenberg- Mr. SMITH. Mr. President, I rise to jobs lost that would have run the plant. Smith substitute amendment, which is extend my appreciation that the Sen- So we tried many times, but they at the desk, be agreed to, the bill, as ate will pass the ‘‘SSI Extension for El- continued blocking these critical bills. amended, be read a third time and derly and Disabled Refugees Act.’’ I The filibustering just this week just passed, the motion to reconsider be thank Chairman BAUCUS and Senator further illustrates this issue. laid upon the table with no intervening GRASSLEY for their help in moving this It is frustrating because we have action or debate, and any statements important legislation to the President. even heard from those who have been related to the bill be printed in the This is a bill that I introduced in the in the oil industry such as T. Boone RECORD. Senate with Senator KOHL and it will Pickens and others who say that unless The PRESIDING OFFICER. Without make a significant impact in helping we aggressively act to reduce our de- objection, it is so ordered. our most vulnerable asylees and refu- pendence on oil and get off of foreign The amendment (No. 5259) was agreed gees. I also want to thank Senator petroleum, we could see, as Mr. Pick- to. (The amendment is printed in to- SPECTER for his tremendous support of ens told us at one of our Senate hear- day’s RECORD under ‘‘Text of Amend- this bill and help in negotiating a final ings last week, $300-a-barrel oil. ments.’’) package. The passage of this bill sends I don’t think any of my colleagues The amendment was ordered to be a message that we have not and will want to see that. So I hope my col- engrossed and the bill to be read a not turn our back on those whom we leagues go home and understand that third time. have welcomed to our country. our future lies in providing opportuni- The bill (H.R. 2095), as amended, was As many of you may know, Congress ties to find more renewable production, read the third time and passed. modified the Supplemental Security

VerDate Aug 31 2005 02:27 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.063 S01AUPT1 erowe on PRODPC61 with SENATE S8004 CONGRESSIONAL RECORD — SENATE August 1, 2008 Income—SSI—program to include a 7- Ms. CANTWELL. Mr. President, I ask A bill (H.R. 6340) to designate the Federal year time limit on the receipt of bene- unanimous consent that the Smith building and United States courthouse lo- fits for refugees and asylees. To allow substitute at the desk be agreed to, the cated at 300 Quarropas Street in White adequate time for asylees and refugees bill as amended be read a third time Plains, New York, as the ‘‘Charles L. to become naturalized citizens, Con- Brieant, Jr., Federal Building and United and passed, the title amendment be States Courthouse.’’ gress provided the 7-year time limit be- agreed to, the motion to reconsider be There being no objection, the Senate fore the expiration of SSI benefits. Un- laid on the table, and any statements proceeded to consider the bill. fortunately, the naturalization process be printed in the RECORD. Ms. CANTWELL. Mr. President, I ask often takes longer than 7 years. Appli- The PRESIDING OFFICER. Without unanimous consent that the bill be cants are required to live in the United objection, it is so ordered. read three times and passed, the mo- States for a minimum of 5 years prior The amendment (No. 5260) was agreed tion to reconsider be laid on the table, to applying for citizenship. In addition to. and any statements be printed in the to that time period, their application (The amendment is printed in today’s RECORD. process often can take 3 or more years RECORD under ‘‘Text of Amendments.’’) The PRESIDING OFFICER. Without before there is resolution. The amendment was ordered to be Because of this time delay, many in- objection, it is so ordered. engrossed and the bill read a third The bill (H.R. 6340) was ordered to be dividuals are trapped in the system and time. faced with the loss of their SSI bene- read a third time, was read the third The bill (H.R. 2608), as amended, was time, and passed. fits. In fact, by the end of 2008 more read the third time and passed. than 30,000 elderly and disabled refu- The amendment (No. 5261) was agreed f gees will have lost their benefits and to, as follows: HUBBARD ACT more than 19,000 are projected to lose Amend the title so as to read; ‘‘An Act to Ms. CANTWELL. Mr. President, I ask their benefits in the coming years. amend section 402 of the Personal Responsi- Many of these individuals are elderly bility and Work Opportunity Reconciliation unanimous consent that the Senate refugees who fled persecution or tor- Act of 1996 to provide, in fiscal years 2009 and proceed to the immediate consider- ture in their home countries. They in- 2011, extensions of supplemental security in- ation of H.R. 6580, which was received clude Jewish refugees fleeing religious come for refugees, asylees, and certain other from the House. persecution in the former Soviet humanitarian immigrants, and to amend the The PRESIDING OFFICER. The Union, Iraqi Kurds fleeing the Saddam Internal Revenue Code of 1986 to collect un- clerk will report the bill by title. Hussein regime, Cubans and Hmong employment compensation debts resulting The assistant legislative clerk read from fraud.’’. people from the highlands of Laos who as follows: served on the side of the United States f A bill (H.R. 6580) to ensure the fair treat- military during the Vietnam War. BRUCE W. CARTER DEPARTMENT ment of a member of the Armed Forces who They are elderly and unable to work, OF VETERANS AFFAIRS MED- is discharged from the Armed Forces, at the request of the member, pursuant to the De- and have become reliant on their SSI ICAL CENTER partment of Defense policy permitting the benefits as their primary income. To Ms. CANTWELL. Mr. President, I ask early discharge of a member who is the only penalize them because of delays en- unanimous consent that the Com- surviving child in a family in which the fa- countered through the bureaucratic mittee on Veterans’ Affairs by dis- ther or mother, or one or more siblings, process seems unjust and inappro- charged from further consideration of served in the Armed Forces and, because of hazards incident to such service, was killed, priate. H.R. 4918 and the Senate then proceed The administration, in its fiscal year died as a result of wounds, accident, or dis- to its immediate consideration. 2009 budget, acknowledged the neces- ease, is in a captured or missing in action The PRESIDING OFFICER. Without sity of correcting this problem by dedi- status, or is permanently disabled, to amend objection, it is so ordered. The clerk cating funding to extend refugee eligi- the Internal Revenue Code of 1986 to repeal will report the bill by title. the dollar limitation on contributions to fu- bility for SSI beyond the 7-year limit. The assistant legislative clerk read neral trusts, and for other purposes. This legislation builds upon those ef- as follows: forts by allowing an additional 2 years There being no objection, the Senate of benefits for elderly and disabled ref- A bill (H.R. 4918) to name the Department proceeded to consider the bill. ugees, asylees, and other qualified hu- of Veterans Affairs medical center in Miami, Mr. GRASSLEY. Mr. President, I rise Florida, as the ‘‘Bruce W. Carter Department manitarian immigrants, including in support of the Hubbard Act. of Veterans Affairs Medical Center.’’ This important legislation helps our those whose benefits have expired in the recent past. There being no objection, the Senate service men and women in uniform who The Senate version requires that eli- proceeded to consider the bill. are the ‘‘sole survivor’’—only surviving gible individuals demonstrate that Ms. CANTWELL. Mr. President, I ask child in a family in which one of their they are moving toward citizenship in unanimous consent that the bill be family members has died or been killed order to gain the additional 2-year ex- read a third time and passed, the mo- due to their military service. Under the tension of benefits. While the Act pro- tion to reconsider be laid on the table current ‘‘sole survivor’’ policy of the vides flexibility to the Social Security with to intervening action or debate, Armed Forces, there are no standard Administration—SSA—and the Depart- and any statements be printed in the benefits available to those who sepa- ment of Homeland Security—DHS—in RECORD. rate from the Armed Forces under this developing a procedure whereby they The PRESIDING OFFICER. Without policy. can verify an applicant’s eligibility for objection, it is so ordered. The legislation corrects a flaw, al- the extension of benefits, it is our in- The bill (H.R. 4918) was ordered to be lowing sole survivors to qualify for a tent that whatever procedure SSA and read a third time, was read the third standard set of Federal benefits that DHS establish, it does not impose any time, and passed. are generally available to other vet- undue burdens or barriers on the bene- f erans. I would like to comment on the bill’s factors of this Act. CHARLES L. BRIEANT, JR., FED- Additionally, the bill allows benefits other provision. Section 9 would repeal ERAL BUILDING AND UNITED to be extended for a third year for the dollar limitations on contributions STATES COURTHOUSE those refugees who are awaiting a deci- to funeral trusts. In the Senate, this sion on a pending naturalization appli- Ms. CANTWELL. Mr. President, I ask provision was authored by the Senator cation. These policies are limited to unanimous consent that the Senate from Utah, Mr. HATCH. It has been in- 2011 and are completely offset in cost proceed to the immediate consider- cluded to offset the additional spending by a provision that will allow the De- ation of H.R. 6340, which was received associated with the bill’s sole survivor partment of Labor to recapture federal from the House. provisions. funds that are the result of unemploy- The PRESIDING OFFICER. The As I have consistently said in the ment insurance fraud. clerk will report the bill by title. past, the Senate Finance Committee is I again thank my colleagues for their The assistant legislative clerk read not a piggy bank for the other commit- support of this bill and for its passage. as follows: tees to dip into to pay for their new

VerDate Aug 31 2005 02:27 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.046 S01AUPT1 erowe on PRODPC61 with SENATE August 1, 2008 CONGRESSIONAL RECORD — SENATE S8005 spending proposals. My preference ‘‘(I) be entitled to the renewal of such sta- The committee amendment in the would have been to have the sole sur- tion’s television broadcast license authorizing nature of a substitute, as amended, was vivor provisions in this legislation analog television service; and agreed to. funded by spending reductions by the ‘‘(II) operate such television service on a The bill (S. 2507), as amended, was or- channel between 2 and 51. committees of jurisdiction. dered to be engrossed for a third read- ‘‘(ii) CONDITIONS.—The rights, privileges, and I have been told that option was not obligations described under clause (i) shall only ing, was read the third time, and available for this bill. be extended if the following requirements are passed, as follows: The funeral trust provision under satisfied: S. 2507 Section 9, is a taxpayer favorable pro- ‘‘(I) Any channel used for the distribution of Be it enacted by the Senate and House of Rep- vision. It is a purely voluntary provi- analog television service shall not— resentatives of the United States of America in sion. It helps people who want to put ‘‘(aa) prevent the auction of recovered spec- Congress assembled, more money aside in trust to provide trum pursuant to paragraph (15); SECTION 1. SHORT TITLE. for their funeral. ‘‘(bb) prevent the use of recovered spectrum This Act may be cited as the ‘‘DTV Border Unlike prior revenue raisers proposed for any public safety service pursuant to section Fix Act of 2008’’. 337(a)(1); by the majority that would impose tax SEC. 2. CONTINUATION OF ANALOG BROAD- ‘‘(cc) encumber or interfere with any channel CASTING ALONG COMMON BORDER increases on unsuspecting Americans, reserved for public safety use, as such channels WITH MEXICO. this revenue offset is strongly sup- are designated in ET Docket No. 97–157; and Section 309(j)(14) of the Communications ported by those who would pay the ad- ‘‘(dd) prevent the Commission from consid- Act of 1934 (47 U.S.C. 309(j)(14)) is amended by ditional tax. ering or granting a request for waiver submitted adding at the end the following: As I said previously, my strong pref- for public safety service prior to the date of en- ‘‘(D) CONTINUATION OF ANALOG BROAD- erence would be to not use the tax code actment of the DTV Border Fix Act of 2008. CASTING ALONG COMMON BORDER WITH MEX- to pay for higher spending. However, ‘‘(II) Each station described in clause (i) oper- ICO.— there is strong support for the funeral ates on its assigned analog channel, as of Feb- ‘‘(i) IN GENERAL.—Notwithstanding any ruary 16, 2009, if such channel— trust provision and it is favorable to other provision of this section, any tele- ‘‘(aa) is between 2 and 51; vision station that has been granted a full- taxpayers. ‘‘(bb) has not previously been assigned to such power television broadcast license that au- Ms. CANTWELL. Mr. President, I ask station or any another station for digital oper- thorizes analog television service prior to unanimous consent that the bill be ation after the digital transition required under February 17, 2009, that is licensed by the read a third time and passed, the mo- subparagraph (A); and Commission to serve communities located tion to reconsider be laid upon the ‘‘(cc) could be used by such station for broad- within 50 miles of the United States common table, and any statements be printed in casting analog television service after the digital border with Mexico, and that can establish transition required under subparagraph (A) the RECORD. to the satisfaction of the Commission that The PRESIDING OFFICER. Without without causing interference to any previously such station’s continued broadcasting of tel- authorized digital television stations. objection, it is so ordered. evision service in analog is in the public in- ‘‘(III) If such station does not meet the re- terest, shall during the period beginning on The bill (H.R. 6580) was ordered to be quirements under subclause (II) for operation on the date of enactment of the DTV Border Fix read a third time, was read the third its assigned analog channel, as of February 16, Act of 2008, and ending February 17, 2013— time and passed. 2009, such station may request, and the Commis- ‘‘(I) be entitled to the renewal of such sta- f sion shall promptly act upon such request, to be tion’s television broadcast license author- assigned a new channel for broadcasting analog izing analog television service; and DTV BORDER FIX ACT OF 2008 television service, provided that such newly re- ‘‘(II) operate such television service on a Ms. CANTWELL. Mr. President, I ask quested channel shall— channel between 2 and 51. unanimous consent that the Senate ‘‘(aa) be between channels 2 and 51; and ‘‘(ii) CONDITIONS.—The rights, privileges, proceed to the immediate consider- ‘‘(bb) allow such station to operate on a pri- and obligations described under clause (i) mary basis without causing interference to— shall only be extended if the following re- ation of Calendar No. 886, S. 2507. ‘‘(AA) any other analog or digital television The PRESIDING OFFICER. The quirements are satisfied: station; or ‘‘(I) Any channel used for the distribution clerk will report the bill by title. ‘‘(BB) any station licensed to operate in any of analog television service shall not— The assistant legislative clerk read other radio service that also operates on chan- ‘‘(aa) prevent the auction of recovered as follows: nels between 2 and 51. spectrum pursuant to paragraph (15); A bill (S. 2507) to address the digital tele- ‘‘(iii) MUTUALLY EXCLUSIVE APPLICATIONS.—If ‘‘(bb) prevent the use of recovered spec- vision transition in border states. mutually exclusive applications are submitted trum for any public safety service pursuant There being no objection, the Senate for the right to use a channel in order to broad- to section 337(a)(1); cast analog television service pursuant to this proceeded to consider the bill which ‘‘(cc) encumber or interfere with any chan- subparagraph, the Commission shall— nel reserved for public safety use, as such had been reported from the Committee ‘‘(I) award the authority to use such channel channels are designated in ET Docket No. 97– on Commerce, Science, and Transpor- for such purpose through the application of the 157; and tation, with an amendment to strike procedures established under this section; and ‘‘(dd) prevent the Commission from consid- all after the enacting clause and insert ‘‘(II) give due consideration to any resolution ering or granting a request for waiver sub- in lieu thereof the following: procedures established by the Commission.’’. mitted for public safety service prior to the SECTION 1. SHORT TITLE. Ms. CANTWELL. I ask unanimous date of enactment of the DTV Border Fix This Act may be cited as the ‘‘DTV Border Fix consent that the amendment at the Act of 2008. Act of 2008’’. desk be agreed to, the committee-re- ‘‘(II) Each station described in clause (i) operates on its assigned analog channel, as SEC. 2. CONTINUATION OF ANALOG BROAD- ported substitute, as amended, be CASTING ALONG COMMON BORDER of February 16, 2009, if such channel— WITH MEXICO. agreed to, the bill, as amended, be read ‘‘(aa) is between 2 and 51; Section 309(j)(14) of the Communications Act a third time and passed, the motion to ‘‘(bb) has not previously been assigned to of 1934 (47 U.S.C. 309(j)(14)) is amended by add- reconsider be laid upon the table, and such station or any another station for dig- ing at the end the following: that any statements be printed in the ital operation after the digital transition re- ‘‘(D) CONTINUATION OF ANALOG BROADCASTING RECORD. quired under subparagraph (A); and ALONG COMMON BORDER WITH MEXICO.— The PRESIDING OFFICER. Without ‘‘(cc) could be used by such station for ‘‘(i) IN GENERAL.—Notwithstanding any other objection, it is so ordered. broadcasting analog television service after provision of this section, any television station the digital transition required under sub- that has been granted a full-power television The amendment (No. 5262) was agreed paragraph (A) without causing interference broadcast license that authorizes analog tele- to, as follows: to any previously authorized digital tele- vision service prior to February 17, 2009, that is On page 7, line 7, strike ‘‘2014’’ and insert vision stations. licensed by the Commission to serve communities ‘‘2013’’. ‘‘(III) If such station does not meet the re- located within 50 miles of the United States com- On page 10, line 18, strike the quotation quirements under subclause (II) for operation mon border with Mexico, and that can establish mark and the second period and insert the on its assigned analog channel, as of Feb- to the satisfaction of the Commission that such following: ruary 16, 2009, such station may request, and station’s continued broadcasting of television ‘‘(E) LIMITATION ON EXTENSION OF CERTAIN the Commission shall promptly act upon service in analog is in the public interest, shall LICENSES.—The Commission shall not extend such request, to be assigned a new channel during the period beginning on the date of en- or renew a full-power television broadcast li- for broadcasting analog television service, actment of the DTV Border Fix Act of 2008, and cense that authorizes analog television serv- provided that such newly requested channel ending February 17, 2014— ice on or after February 17, 2013.’’. shall—

VerDate Aug 31 2005 02:27 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.032 S01AUPT1 erowe on PRODPC61 with SENATE S8006 CONGRESSIONAL RECORD — SENATE August 1, 2008 ‘‘(aa) be between channels 2 and 51; and Not too long ago we faced the specter which may omit users or cite incorrect quan- ‘‘(bb) allow such station to operate on a of foreign companies exporting water tities. Some will believe that if they are in- primary basis without causing interference out of the lakes—threatening our envi- advertently left off such a list they will not to— ronment. This compact is a response to be considered for an existing use at some ‘‘(AA) any other analog or digital tele- point in the future. vision station; or those threats, making it clear that the Response ‘‘(BB) any station licensed to operate in Lakes are not to be exploited. As a co- (a.) In your submission to the Working any other radio service that also operates on sponsor of this resolution, I am pleased Group, you proposed that existing With- channels between 2 and 51. the Senate passed this important com- drawals would be determined as follows: ‘‘(iii) MUTUALLY EXCLUSIVE APPLICATIONS.— pact. ‘‘The existing Withdrawal will be deter- If mutually exclusive applications are sub- Mr. VOINOVICH. Mr. President, I mined by the [larger] of either the applicable mitted for the right to use a channel in order rise to today in support of S.J. Res. 45, Withdrawal limitation in any permit author- to broadcast analog television service pursu- izing the Withdrawal; or, the physical capac- the Great Lakes—St. Lawrence River ity of the withdrawal system facility (which ant to this subparagraph, the Commission Basin Water Resources Compact. Dur- shall— includes Withdrawal capacity, treatment ca- ‘‘(I) award the authority to use such chan- ing the course of adoption of the Com- pacity, and other capacity limiting factors) nel for such purpose through the application pact by the respective State legisla- as of the effective date of the Compact.’’ of the procedures established under this sec- tures, an issue arose concerning the in- The Working Group’s intent and effect of tion; and tent and interpretation of section 4.11.2 Section 4.12.2 of the Compact is consistent ‘‘(II) give due consideration to any resolu- of the Compact’s Decision-Making with your submission. Each State will have tion procedures established by the Commis- Standard relating to the scale and the flexibility of choosing either to use the sion. permitted amount or capacity limiting fac- scope of impacts that would be deemed tors for determining existing withdrawals. ‘‘(E) LIMITATION ON EXTENSION OF CERTAIN sufficiently significant such to pre- LICENSES.—The commission shall not extend We encourage interested stakeholders to or renew a full-power television broadcast li- clude approval of a withdrawal pro- work with the individual States to help them cense that authorizes analog television serv- posal. It is my understanding that the determine which approach to use when iden- ice on or after February 17, 2013.’’. intent of the drafters of the Compact is tifying existing water withdrawals. (b.) The individual States will have the au- f expressed in a memorandum prepared by Dr. Sam Speck, Chair of the Council thority to create the process for developing and maintaining lists of existing water with- GREAT LAKES INTERSTATE of Great Lakes Governors Annex 2001 COMPACT drawals. It is our understanding that States Working Group, dated December 5, intend to use processes similar to those that Ms. CANTWELL. I ask unanimous 2005, and I ask unanimous consent it be have been used for other management and consent the Judiciary Committee be printed in the RECORD. regulatory initiatives with opportunities for discharged from further consideration There being no objection, the mate- public participation, appeals and due proc- of S.J. Res. 45 and the Senate proceed rial was ordered to be printed in the ess. All interested stakeholders are encour- to its immediate consideration. RECORD, as follows: aged to work with the individual States as they develop these processes to ensure that The PRESIDING OFFICER. Without DECEMBER 5, 2005. objection, it is so ordered. To: George Kuper, President and CEO, Coun- the lists are accurate. 2. CONCERN: Change to a mandatory re- The clerk will report the joint resolu- cil of Great Lakes Industries. From: Sam Speck, Director, Ohio Depart- quirement not understood. tion by title. A very recent change to a decision-making The assistant clerk read as follows: ment of Natural Resources, Chair, Great Lakes Governors’ and Premiers’ Water Man- standard (Section 4.11.2)—a substitution of A joint resolution (S.J. Res. 45) expressing agement Working Group. ‘‘and’’ instead of ‘‘of’’ as the conjunctive in the consent and approval of Congress to an the last phrase—changes the entire meaning You and other stakeholder representatives interstate compact regarding water re- of the provision and sets up a situation have raised concerns regarding three specific sources in the Great Lakes St. Lawrence where a significant impact on a few feet of a sections of the November 10 drafts of the River Basin. stream could be viewed as a bar to permit- Great Lakes—St. Lawrence River Basin There being no objection, the Senate ting. Hopefully this is just a ‘‘typo.’’ If not, Water Resources Compact (Compact). On be- this constitutes a considerable and proceeded to consider the joint resolu- half of the Working Group, I would like to unsupportable change in intent of the sec- tion. provide you with a description of our intent tion. Mr. KOHL. Mr. President, I wanted to with respect to these sections. Please share Response talk to today about the Great Lakes- this memo with other interested parties. The Working Group’s intent is consistent St. Lawrence River Basin Water Re- CONCERNS AND RESPONSES with your submission regarding the scope of sources Compact. The compact enjoys Please note that all Section references evaluating ‘‘no significant adverse impacts.’’ broad bipartisan support, including all below are to the November 10 drafts of the To clarify, a ‘‘Source Watershed’’ is the wa- tershed of a Great Lake or the St. Lawrence 8 Great Lakes States, Canadian prov- compact and ‘‘your submission’’ mean the joint submission from the Council of Great River. Therefore, requiring that there be no inces Ontario and Quebec, and 150 busi- Lakes Industries and the National Wildlife significant adverse impacts to a Source Wa- ness and environmental groups. Federation dated October 9, 2005. Each ‘‘con- tershed means that, for example, there be no The Great Lakes are one of Amer- cern’’ below is the text that you submitted significant adverse impacts to the Lake ica’s national treasures and one of the to us and the ‘‘response’’ is on behalf of the Michigan watershed. natural wonders of the world. Holding Working Group. In your submission to the Working Group, 20 percent of the worlds freshwater, the 1. CONCERN: The ‘‘grandfathering’’ of ex- your proposed criterion included in your Sec- Great Lakes play a vital role in the isting users. tion 4.9.2 read as follows: The ‘‘grandfathering’’ issue has been ‘‘The Consumptive Use [or] Withdrawal daily lives of the people of Wisconsin known—and industry widely believes agreed . . . will be implemented so as to ensure that providing drinking water, jobs, energy, to—since the beginning of the deliberations. the Proposal. . . .will result in no significant shipping, and recreation. Something But, there are major problems with current individual or cumulative adverse impacts to that important to our prosperity needs language: the quantity or quality of the Waters and to be conserved so that future genera- (a.) The current baseline from which Water Dependent Natural Resources of the ap- tions can benefit. ‘‘new’’ or ‘‘increased’’ will be determined is plicable Source Watershed.’’ [Emphasis added.] The compact before us does just that. unnecessarily unclear/imprecise and poten- With this language and the corresponding tially constraining (Section 4.12.2 ii). An in- It is a binding agreement among the definitions, your submission would require dustrial capital investment made in any part that there be no significant individual or cu- Great Lakes States to implement a of a facility’s water withdrawal system must mulative adverse impacts at both the Basin- conservation standard for regulating be permitted to operate at the capacity for wide and Source Watershed (e.g. Lake Michi- water withdrawals from the Great which it was designed and built, no matter if gan watershed) scale. Lakes Basin. Specifically, the compact other parts of the water treatment or dis- In the Compact, the definition of ‘‘Water protects the Great Lakes by banning tribution system may require enlargement. and Water Dependent Natural Resources’’ new or increased diversions outside of Above all, this section will generate wide (Section 1.2) reads as follows: the Great Lakes basin. The compact dissatisfaction and a decided lack of support ‘‘Water Dependent Natural Resources if it is not clarified. means the interacting components of land, also requires each State to implement (b.) There is no provision for challenging/ Water and living organisms affected by the water conservation measures, which correcting the list of existing withdrawers— Waters of the Basin.’’ [Emphasis added.] will promote efficient water use and and the grandfathered withdrawal quan- And the definition ‘‘Waters of the Basin’’ minimize waste. tities—that will be created by each Party reads in the Compact as follows (Section 1.2):

VerDate Aug 31 2005 02:27 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.023 S01AUPT1 erowe on PRODPC61 with SENATE August 1, 2008 CONGRESSIONAL RECORD — SENATE S8007 ‘‘Waters of the Basin or Basin Water means the States currently have in place proce- ‘‘Section 1.2. Definitions. For the purposes of the Great Lakes and all streams, rivers, dures that must be followed before regula- this Compact, and of any supplemental or lakes, connecting channels and other bodies tions can come into force. In some instances, concurring legislation enacted pursuant of water, including tributary groundwater, these procedures include legislative review thereto, except as may be otherwise required within the Basin.’’ [Emphasis added.] of the proposed regulations. by the context: Accordingly, when a reference is made to Therefore, an interpretation that there ‘‘Adaptive Management means a Water re- the ‘‘Water Dependent Natural Resources,’’ a could be a ‘‘unilateral’’ revision to the sources management system that provides a reference is effectively made to all of the Standard or Review and Decision is erro- systematic process for evaluation, moni- water of the Great Lakes Basin. Therefore, neous. Each State legislature has significant toring and learning from the outcomes of in Section 4.11.2 of the Compact, the use of ability to decide under what circumstances operational programs and adjustment of the word ‘‘and’’ in place of ‘‘of’’ simply clari- the Standard of Review and Decision may be policies, plans and programs based on experi- fies that, in addition to your explicit re- revised because of the requirement that the ence and the evolution of scientific knowl- quirement that there be no significant ad- revision be adopted in accordance with each edge concerning Water resources and Water verse impacts to the Water Dependent Nat- Party’s respective statutory authorities and Dependent Natural Resources. means the Great Lakes—St. ural Resources of the Source Watershed, applicable procedures. ‘‘Agreement Lawrence River Basin Sustainable Water Re- there be no significant adverse impacts to CONCLUSION sources Agreement. the Great Lakes—St. Lawrence River Basin We appreciate your concerns and we hope ‘‘Applicant means a Person who is required as a whole. that this clarification regarding the Working to submit a Proposal that is subject to man- In conclusion, the intent and effect of the Group’s intent is helpful. As always, if there agement and regulation under this Compact. language included by the Working Group is are questions please do not hesitate to con- Application has a corresponding meaning. consistent with the intent and effect of the tact me or other Working Group members. ‘‘Basin or Great Lakes—St. Lawrence River language provided in your submission. We appreciate your continued partnership in Basin means the watershed of the Great 3. CONCERN: Inappropriate unilateral our shared efforts to protect the Great Lakes and the St. Lawrence River upstream Council authority. Lakes—St. Lawrence River Basin. from Trois-Rivie`res, Que´bec within the juris- As currently drafted, it appears that the diction of the Parties. Council can revise all the carefully crafted Ms. CANTWELL. I ask unanimous ‘‘Basin Ecosystem or Great Lakes—St. Law- provisions of this Compact (Section 3.1, 2nd consent that a Levin amendment be rence River Basin Ecosystem means the Para.) without any public or State legisla- agreed to; the joint resolution, as interacting components of air, land, Water tive review. This threatens the stability of amended, be read a third time and and living organisms, including humankind, secure access which is so critical to industry. passed, the preamble be agreed to, the within the Basin. The odds are legislators would not appre- ‘‘Community within a Straddling County ciate this delegation of legislative authority motions to reconsider be laid upon the means any incorporated city, town or the either. At best there are significant dif- table, with no intervening action or de- equivalent thereof, that is located outside ferences of opinion as to how this section bate, and any statements be printed in the Basin but wholly within a County that reads. At worse, the Council has reserved the the RECORD. lies partly within the Basin and that is not right to change, by unanimous vote and The PRESIDING OFFICER. Without a Straddling Community. without affirmative legislative action of the objection, it is so ordered. ‘‘Compact means this Compact. Parties, the Standard. We suspect it is a lack The amendment (No. 5263) was agreed ‘‘Consumptive Use means that portion of the Water Withdrawn or withheld from the of clarity and can easily be remedied. to, as follows: Response Basin that is lost or otherwise not returned This is an incorrect interpretation of the (Purpose: To clarify the authority of to the Basin due to evaporation, incorpora- referenced paragraph. The second paragraph Congress) tion into Products, or other processes. of Section 3.1 of the Compact does not allow On page 63, strike lines 4 through 11 and in- ‘‘Council means the Great Lakes—St. Law- the Compact Council to ‘‘unilaterally’’ re- sert the following: rence River Basin Water Resources Council, vise the Standard of Review and Decision (1) Congress consents to and approves the created by this Compact. without any public or State legislative re- interstate compact regarding water re- ‘‘Council Review means the collective re- view. The second paragraph of Section 3.1 sources in the Great Lakes—St. Lawrence view by the Council members as described in states that: River Basin described in the preamble; Article 4 of this Compact. means the largest territorial divi- The Council may revise the Standard of (2) until a Great Lakes Water Compact is ‘‘County sion for local government in a State. The Review and Decision, after consultation with ratified and enforceable, laws in effect as of County boundaries shall be defined as those the Provinces and upon (1) unanimous vote the date of enactment of this resolution pro- boundaries that exist as of December 13, 2005. of all Council members, (2) by regulation vide protection sufficient to prevent Great ‘‘Cumulative Impacts mean the impact on Lakes water diversions; and duly adopted in accordance with Section 3.3 the Basin Ecosystem that results from incre- (3) Congress expressly reserves the right to of this Compact and (3) in accordance with mental effects of all aspects of a Withdrawal, alter, amend, or repeal this resolution. each Party’s respective statutory authorities Diversion or Consumptive Use in addition to and applicable procedures. [Italicized num- The joint resolution (S.J. Res. 45), as other past, present, and reasonably foresee- bers added] amended, was ordered to be engrossed able future Withdrawals, Diversions and Con- Therefore, before any revision can be made sumptive Uses regardless of who undertakes to the Standard of Review and Decision, ALL for a third reading, was read the third time, and passed. the other Withdrawals, Diversions and Con- of the following steps must take place: sumptive Uses. Cumulative Impacts can re- (1) Unanimous vote of all Council mem- The preamble was agreed to. The joint resolution (S.J. Res. 45), as sult from individually minor but collectively bers. The Council consists of all eight Great significant Withdrawals, Diversions and Con- Lakes Governors (see Section 2.2). Therefore, amended, with its preamble, reads as sumptive Uses taking place over a period of all eight Governors must approve any pro- follows: time. posed revision to the Standard of Review and S.J. RES. 45 ‘‘Decision-Making Standard means the de- Decision. Any single Governor may veto a Whereas the interstate compact regarding cision-making standard established by Sec- proposed revision to the Standard of Review tion 4.11 for Proposals subject to manage- and Decision. water resources in the Great Lakes—St. Lawrence River Basin reads as follows: ment and regulation in Section 4.10. (2) Regulation duly adopted in accordance ‘‘Diversion means a transfer of Water from with Section 3.3 of this Compact. Section ‘‘AGREEMENT the Basin into another watershed, or from 3.3.1 states in part that: Any rule or regula- ‘‘Section 1. The states of Illinois, Indiana, the watershed of one of the Great Lakes into tion of the Council . . . shall be adopted only Michigan, Minnesota, New York, Ohio and that of another by any means of transfer, in- after public notice and hearing. [Emphasis Wisconsin and the Commonwealth of Penn- cluding but not limited to a pipeline, canal, added] A contention that changes can be sylvania hereby solemnly covenant and tunnel, aqueduct, channel, modification of made without public notice and hearing is agree with each other, upon enactment of the direction of a water course, a tanker incorrect. concurrent legislation by the respective ship, tanker truck or rail tanker but does (3) In accordance with each Party’s respec- state legislatures and consent by the Con- not apply to Water that is used in the Basin tive statutory authorities and applicable gress of the United States as follows: or a Great Lake watershed to manufacture procedures. Any proposed revision must be ‘‘GREAT LAKES—ST. LAWRENCE RIVER or produce a Product that is then transferred done in accordance with the appropriate BASIN WATER RESOURCES COMPACT out of the Basin or watershed. Divert has a statutes, rules and regulations in each and corresponding meaning. ‘‘ARTICLE 1 every State. Each State will have the oppor- ‘‘Environmentally Sound and Economically tunity to determine what the appropriate ‘‘SHORT TITLE, DEFINITIONS, PURPOSES Feasible Water Conservation Measures mean rules may be. AND DURATION those measures, methods, technologies or It is difficult to envision a case where ‘‘Section 1.1. Short Title. This act shall be practices for efficient water use and for re- there would be no public hearings or input in known and may be cited as the ‘‘Great duction of water loss and waste or for reduc- any of the States on a proposed revision to Lakes—St. Lawrence River Basin Water Re- ing a Withdrawal, Consumptive Use or Diver- the Standard of Review and Decision. All of sources Compact.’’ sion that i) are environmentally sound, ii)

VerDate Aug 31 2005 04:32 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.020 S01AUPT1 erowe on PRODPC61 with SENATE S8008 CONGRESSIONAL RECORD — SENATE August 1, 2008 reflect best practices applicable to the water the Source Watershed shall be considered to ciples, policies and programs mutually- use sector, iii) are technically feasible and be the watershed of that Great Lake or the agreed upon, enacted and adhered to by all available, iv) are economically feasible and watershed of the St. Lawrence River, respec- Parties. cost effective based on an analysis that con- tively. If Water is Withdrawn from the wa- ‘‘2. Purposes: siders direct and avoided economic and envi- tershed of a stream that is a direct tributary ‘‘a. To act together to protect, conserve, ronmental costs and v) consider the par- to a Great Lake or a direct tributary to the restore, improve and effectively manage the ticular facilities and processes involved, tak- St. Lawrence River, then the Source Water- Waters and Water Dependent Natural Re- ing into account the environmental impact, shed shall be considered to be the watershed sources of the Basin under appropriate ar- age of equipment and facilities involved, the of that Great Lake or the watershed of the rangements for intergovernmental coopera- processes employed, energy impacts and St. Lawrence River, respectively, with a tion and consultation because current lack other appropriate factors. preference to the direct tributary stream wa- of full scientific certainty should not be used ‘‘Exception means a transfer of Water that tershed from which it was Withdrawn. as a reason for postponing measures to pro- is excepted under Section 4.9 from the prohi- ‘‘Standard of Review and Decision means tect the Basin Ecosystem; bition against Diversions in Section 4.8. the Exception Standard, Decision-Making ‘‘b. To remove causes of present and future ‘‘Exception Standard means the standard Standard and reviews as outlined in Article controversies; for Exceptions established in Section 4.9.4. 4 of this Compact. ‘‘c. To provide for cooperative planning ‘‘Intra-Basin Transfer means the transfer of ‘‘State means one of the states of Illinois, and action by the Parties with respect to Water from the watershed of one of the Indiana, Michigan, Minnesota, New York, such Water resources; Great Lakes into the watershed of another Ohio or Wisconsin or the Commonwealth of ‘‘d. To facilitate consistent approaches to Great Lake. Pennsylvania. Water management across the Basin while ‘‘Measures means any legislation, law, reg- ‘‘Straddling Community means any incor- retaining State management authority over ulation, directive, requirement, guideline, porated city, town or the equivalent thereof, Water management decisions within the program, policy, administrative practice or wholly within any County that lies partly or Basin; other procedure. completely within the Basin, whose cor- ‘‘e. To facilitate the exchange of data, ‘‘New or Increased Diversion means a new porate boundary existing as of the effective strengthen the scientific information base Diversion, an increase in an existing Diver- date of this Compact, is partly within the upon which decisions are made and engage in sion, or the alteration of an existing With- Basin or partly within two Great Lakes wa- consultation on the potential effects of pro- drawal so that it becomes a Diversion. tersheds. posed Withdrawals and losses on the Waters ‘‘New or Increased Withdrawal or Con- ‘‘Technical Review means a detailed review and Water Dependent Natural Resources of sumptive Use means a new Withdrawal or conducted to determine whether or not a the Basin; Consumptive Use or an increase in an exist- Proposal that requires Regional Review ‘‘f. To prevent significant adverse impacts ing Withdrawal or Consumptive Use. under this Compact meets the Standard of of Withdrawals and losses on the Basin’s eco- ‘‘Originating Party means the Party within Review and Decision following procedures systems and watersheds; whose jurisdiction an Application or reg- and guidelines as set out in this Compact. ‘‘g. To promote interstate and State-Pro- istration is made or required. ‘‘Water means ground or surface water con- vincial comity; and, ‘‘Party means a State party to this Com- tained within the Basin. ‘‘h. To promote an Adaptive Management pact. ‘‘Water Dependent Natural Resources approach to the conservation and manage- ‘‘Person means a human being or a legal means the interacting components of land, ment of Basin Water resources, which recog- person, including a government or a non- Water and living organisms affected by the nizes, considers and provides adjustments for governmental organization, including any Waters of the Basin. the uncertainties in, and evolution of, sci- means scientific, professional, business, non-profit, ‘‘Waters of the Basin or Basin Water entific knowledge concerning the Basin’s the Great Lakes and all streams, rivers, or public interest organization or association Waters and Water Dependent Natural Re- lakes, connecting channels and other bodies that is neither affiliated with, nor under the sources. of water, including tributary groundwater, direction of a government. ‘‘Section 1.4. Science. ‘‘Product means something produced in the within the Basin. ‘‘1. The Parties commit to provide leader- means the taking of water Basin by human or mechanical effort or ‘‘Withdrawal ship for the development of a collaborative from surface water or groundwater. through agricultural processes and used in With- strategy with other regional partners to has a corresponding meaning. manufacturing, commercial or other proc- draw strengthen the scientific basis for sound ‘‘Section 1.3. Findings and Purposes. esses or intended for intermediate or end use Water management decision making under consumers. (i) Water used as part of the ‘‘The legislative bodies of the respective Parties hereby find and declare: this Compact. packaging of a Product shall be considered ‘‘2. The strategy shall guide the collection ‘‘1. Findings: to be part of the Product. (ii) Other than and application of scientific information to ‘‘a. The Waters of the Basin are precious Water used as part of the packaging of a support: public natural resources shared and held in Product, Water that is used primarily to ‘‘a. An improved understanding of the indi- trust by the States; transport materials in or out of the Basin is vidual and Cumulative Impacts of With- ‘‘b. The Waters of the Basin are inter- not a Product or part of a Product. (iii) Ex- drawals from various locations and Water connected and part of a single hydrologic cept as provided in (i) above, Water which is sources on the Basin Ecosystem and to de- system; transferred as part of a public or private sup- velop a mechanism by which impacts of ‘‘c. The Waters of the Basin can concur- ply is not a Product or part of a Product. (iv) Withdrawals may be assessed; rently serve multiple uses. Such multiple Water in its natural state such as in lakes, ‘‘b. The periodic assessment of Cumulative uses include municipal, public, industrial, rivers, reservoirs, aquifers, or water basins is Impacts of Withdrawals, Diversions and Con- commercial, agriculture, mining, navigation, not a Product. sumptive Uses on a Great Lake and St. Law- energy development and production, recre- ‘‘Proposal means a Withdrawal, Diversion rence River watershed basis; ation, the subsistence, economic and cul- or Consumptive Use of Water that is subject ‘‘c. Improved scientific understanding of tural activities of native peoples, Water to this Compact. the Waters of the Basin; ´ quality maintenance, and the maintenance ‘‘Province means Ontario or Quebec. ‘‘d. Improved understanding of the role of means of fish and wildlife habitat and a balanced ‘‘Public Water Supply Purposes groundwater in Basin Water resources man- water distributed to the public through a ecosystem. And, other purposes are encour- agement; and, physically connected system of treatment, aged, recognizing that such uses are inter- ‘‘e. The development, transfer and applica- storage and distribution facilities serving a dependent and must be balanced; tion of science and research related to Water group of largely residential customers that ‘‘d. Future Diversions and Consumptive conservation and Water use efficiency. may also serve industrial, commercial, and Uses of Basin Water resources have the po- other institutional operators. Water With- tential to significantly impact the environ- ‘‘ARTICLE 2 drawn directly from the Basin and not ment, economy and welfare of the Great ‘‘ORGANIZATION through such a system shall not be consid- Lakes—St. Lawrence River region; ‘‘Section 2.1. Council Created. ered to be used for Public Water Supply Pur- ‘‘e. Continued sustainable, accessible and ‘‘The Great Lakes—St. Lawrence River poses. adequate Water supplies for the people and Basin Water Resources Council is hereby cre- ‘‘Regional Body means the members of the economy of the Basin are of vital impor- ated as a body politic and corporate, with Council and the Premiers of Ontario and tance; and, succession for the duration of this Compact, Que´bec or their designee as established by ‘‘f. The Parties have a shared duty to pro- as an agency and instrumentality of the gov- the Agreement. tect, conserve, restore, improve and manage ernments of the respective Parties. ‘‘Regional Review means the collective re- the renewable but finite Waters of the Basin ‘‘Section 2.2. Council Membership. view by the Regional Body as described in for the use, benefit and enjoyment of all ‘‘The Council shall consist of the Gov- Article 4 of this Compact. their citizens, including generations yet to ernors of the Parties, ex officio. ‘‘Source Watershed means the watershed come. The most effective means of pro- ‘‘Section 2.3. Alternates. from which a Withdrawal originates. If tecting, conserving, restoring, improving and ‘‘Each member of the Council shall appoint Water is Withdrawn directly from a Great managing the Basin Waters is through the at least one alternate who may act in his or Lake or from the St. Lawrence River, then joint pursuit of unified and cooperative prin- her place and stead, with authority to attend

VerDate Aug 31 2005 02:27 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.007 S01AUPT1 erowe on PRODPC61 with SENATE August 1, 2008 CONGRESSIONAL RECORD — SENATE S8009 all meetings of the Council and with power pressly waive its immunity for the purposes necessary for the implementation and en- to vote in the absence of the member. Unless of any proceedings or by the terms of any forcement of this Compact. The Council may otherwise provided by law of the Party for contract. adopt by regulation, after public notice and which he or she is appointed, each alternate ‘‘2. The property and assets of the Council, public hearing, reasonable Application fees shall serve during the term of the member wherever located and by whomsoever held, with respect to those Proposals for Excep- appointing him or her, subject to removal at shall be considered public property and shall tions that are subject to Council review the pleasure of the member. In the event of be immune from search, requisition, confis- under Section 4.9. Any rule or regulation of a vacancy in the office of alternate, it shall cation, expropriation or any other form of the Council, other than one which deals sole- be filled in the same manner as an original taking or foreclosure by executive or legisla- ly with the internal management of the appointment for the unexpired term only. tive action. Council or its property, shall be adopted only ‘‘Section 2.4. Voting. ‘‘3. The Council, its property and its assets, after public notice and hearing. ‘‘1. Each member is entitled to one vote on income and the operations it carries out pur- ‘‘2. Each Party, in accordance with its re- all matters that may come before the Coun- suant to this Compact shall be immune from spective statutory authorities and applicable cil. all taxation by or under the authority of any procedures, may adopt and enforce rules and ‘‘2. Unless otherwise stated, the rule of de- of the Parties or any political subdivision regulations to implement and enforce this cision shall be by a simple majority. thereof; provided, however, that in lieu of Compact and the programs adopted by such ‘‘3. The Council shall annually adopt a property taxes the Council may make rea- Party to carry out the management pro- budget for each fiscal year and the amount sonable payments to local taxing districts in grams contemplated by this Compact. required to balance the budget shall be ap- annual amounts which shall approximate the ‘‘Section 3.4. Program Review and Findings. portioned equitably among the Parties by taxes lawfully assessed upon similar prop- ‘‘1. Each Party shall submit a report to the unanimous vote of the Council. The appro- erty. Council and the Regional Body detailing its priation of such amounts shall be subject to ‘‘Section 2.9. Advisory Committees. Water management and conservation and ef- such review and approval as may be required ‘‘The Council may constitute and empower ficiency programs that implement this Com- by the budgetary processes of the respective advisory committees, which may be com- pact. The report shall set out the manner in Parties. prised of representatives of the public and of which Water Withdrawals are managed by ‘‘4. The participation of Council members federal, State, tribal, county and local gov- sector, Water source, quantity or any other from a majority of the Parties shall con- ernments, water resources agencies, water- means, and how the provisions of the Stand- stitute a quorum for the transaction of busi- using industries and sectors, water-interest ard of Review and Decision and conservation ness at any meeting of the Council. groups and academic experts in related and efficiency programs are implemented. ‘‘Section 2.5. Organization and Procedure. fields. The first report shall be provided by each ‘‘The Council shall provide for its own or- Party one year from the effective date of ‘‘ARTICLE 3 ganization and procedure, and may adopt this Compact and thereafter every 5 years. rules and regulations governing its meetings ‘‘GENERAL POWERS AND DUTIES ‘‘2. The Council, in cooperation with the and transactions, as well as the procedures ‘‘Section 3.1. General. Provinces, shall review its Water manage- and timeline for submission, review and con- ‘‘The Waters and Water Dependent Natural ment and conservation and efficiency pro- sideration of Proposals that come before the Resources of the Basin are subject to the grams and those of the Parties that are es- Council for its review and action. The Coun- sovereign right and responsibilities of the tablished in this Compact and make findings cil shall organize, annually, by the election Parties, and it is the purpose of this Com- on whether the Water management program of a Chair and Vice Chair from among its pact to provide for joint exercise of such provisions in this Compact are being met, members. Each member may appoint an ad- powers of sovereignty by the Council in the and if not, recommend options to assist the visor, who may attend all meetings of the common interests of the people of the region, Parties in meeting the provisions of this Council and its committees, but shall not in the manner and to the extent provided in Compact. Such review shall take place: have voting power. The Council may employ this Compact. The Council and the Parties ‘‘a. 30 days after the first report is sub- or appoint professional and administrative shall use the Standard of Review and Deci- mitted by all Parties; and, personnel, including an Executive Director, sion and procedures contained in or adopted ‘‘b. Every five years after the effective date as it may deem advisable, to carry out the pursuant to this Compact as the means to of this Compact; and, purposes of this Compact. exercise their authority under this Compact. ‘‘c. At any other time at the request of one ‘‘Section 2.6. Use of Existing Offices and of the Parties. Agencies. The Council may revise the Standard of Re- view and Decision, after consultation with ‘‘3. As one of its duties and responsibilities, ‘‘It is the policy of the Parties to preserve the Council may recommend a range of ap- and utilize the functions, powers and duties the Provinces and upon unanimous vote of all Council members, by regulation duly proaches to the Parties with respect to the of existing offices and agencies of govern- development, enhancement and application ment to the extent consistent with this Com- adopted in accordance with Section 3.3 of this Compact and in accordance with each of Water management and conservation and pact. Further, the Council shall promote and efficiency programs to implement the Stand- aid the coordination of the activities and Party’s respective statutory authorities and applicable procedures. ard of Review and Decision reflecting im- programs of the Parties concerned with proved scientific understanding of the Wa- Water resources management in the Basin. The Council shall identify priorities and de- ters of the Basin, including groundwater, and To this end, but without limitation, the velop plans and policies relating to Basin the impacts of Withdrawals on the Basin Council may: Water resources. It shall adopt and promote Ecosystem. ‘‘1. Advise, consult, contract, assist or oth- uniform and coordinated policies for Water ‘‘ARTICLE 4 erwise cooperate with any and all such agen- resources conservation and management in cies; the Basin. ‘‘WATER MANAGEMENT AND REGULATION ‘‘2. Employ any other agency or instru- ‘‘Section 3.2. Council Powers. ‘‘Section 4.1. Water Resources Inventory, Reg- mentality of any of the Parties for any pur- ‘‘The Council may: plan; conduct research istration and Reporting. pose; and, and collect, compile, analyze, interpret, re- ‘‘1. Within five years of the effective date ‘‘3. Develop and adopt plans consistent port and disseminate data on Water re- of this Compact, each Party shall develop with the Water resources plans of the Par- sources and uses; forecast Water levels; con- and maintain a Water resources inventory ties. duct investigations; institute court actions; for the collection, interpretation, storage, ‘‘Section 2.7. Jurisdiction. design, acquire, construct, reconstruct, own, retrieval exchange, and dissemination of in- ‘‘The Council shall have, exercise and dis- operate, maintain, control, sell and convey formation concerning the Water resources of charge its functions, powers and duties with- real and personal property and any interest the Party, including, but not limited to, in- in the limits of the Basin. Outside the Basin, therein as it may deem necessary, useful or formation on the location, type, quantity, it may act in its discretion, but only to the convenient to carry out the purposes of this and use of those resources and the location, extent such action may be necessary or con- Compact; make contracts; receive and accept type, and quantity of Withdrawals, Diver- venient to effectuate or implement its pow- such payments, appropriations, grants, gifts, sions and Consumptive Uses. To the extent ers or responsibilities within the Basin and loans, advances and other funds, properties feasible, the Water resources inventory shall subject to the consent of the jurisdiction and services as may be transferred or made be developed in cooperation with local, wherein it proposes to act. available to it by any Party or by any other State, federal, tribal and other private agen- ‘‘Section 2.8. Status, Immunities and Privi- public or private agency, corporation or indi- cies and entities, as well as the Council. leges. vidual; and, exercise such other and different Each Party’s agencies shall cooperate with ‘‘1. The Council, its members and personnel powers as may be delegated to it by this that Party in the development and mainte- in their official capacity and when engaged Compact or otherwise pursuant to law, and nance of the inventory. directly in the affairs of the Council, its have and exercise all powers necessary or ‘‘2. The Council shall assist each Party to property and its assets, wherever located and convenient to carry out its express powers or develop a common base of data regarding the by whomsoever held, shall enjoy the same which may be reasonably implied therefrom. management of the Water Resources of the immunity from suit and every form of judi- ‘‘Section 3.3. Rules and Regulations. Basin and to establish systematic arrange- cial process as is enjoyed by the Parties, ex- ‘‘1. The Council may promulgate and en- ments for the exchange of those data with cept to the extent that the Council may ex- force such rules and regulations as may be other States and Provinces.

VerDate Aug 31 2005 02:27 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.007 S01AUPT1 erowe on PRODPC61 with SENATE S8010 CONGRESSIONAL RECORD — SENATE August 1, 2008 ‘‘3. To develop and maintain a compatible thereafter, the Council, in cooperation with ‘‘c. Proposals for Exceptions subject to Re- base of Water use information, within five the Provinces, shall review and modify as ap- gional Review shall be submitted by the years of the effective date of this Compact propriate the Basin-wide objectives, and the Originating Party to the Regional Body for any Person who Withdraws Water in an Parties shall have regard for any such modi- Regional Review, and where applicable, to amount of 100,000 gallons per day or greater fications in implementing their programs. the Council for concurrent review. average in any 30-day period (including Con- This assessment will be based on examining ‘‘d. The Parties agree that the protection sumptive Uses) from all sources, or Diverts new technologies, new patterns of Water use, of the integrity of the Great Lakes—St. Law- Water of any amount, shall register the new resource demands and threats, and Cu- rence River Basin Ecosystem shall be the Withdrawal or Diversion by a date set by the mulative Impact assessment under Section overarching principle for reviewing Pro- Council unless the Person has previously 4.15. posals subject to Regional Review, recog- registered in accordance with an existing ‘‘4. Within two years of the effective date nizing uncertainties with respect to demands State program. The Person shall register the of this Compact, the Parties commit to pro- that may be placed on Basin Water, includ- Withdrawal or Diversion with the Origi- mote Environmentally Sound and Economi- ing groundwater, levels and flows of the nating Party using a form prescribed by the cally Feasible Water Conservation Measures Great Lakes and the St. Lawrence River, fu- Originating Party that shall include, at a such as: ture changes in environmental conditions, minimum and without limitation: the name ‘‘a. Measures that promote efficient use of the reliability of existing data and the ex- and address of the registrant and date of reg- Water; tent to which Diversions may harm the in- istration; the locations and sources of the ‘‘b. Identification and sharing of best man- tegrity of the Basin Ecosystem. Withdrawal or Diversion; the capacity of the agement practices and state of the art con- ‘‘e. The Originating Party shall have lead Withdrawal or Diversion per day and the servation and efficiency technologies; responsibility for coordinating information amount Withdrawn or Diverted from each ‘‘c. Application of sound planning prin- for resolution of issues related to evaluation source; the uses made of the Water; places of ciples; of a Proposal, and shall consult with the Ap- use and places of discharge; and, such other ‘‘d. Demand-side and supply-side Measures plicant throughout the Regional Review information as the Originating Party may or incentives; and, Process. require. All registrations shall include an es- ‘‘e. Development, transfer and application ‘‘f. A majority of the members of the Re- timate of the volume of the Withdrawal or of science and research. gional Body may request Regional Review of Diversion in terms of gallons per day average ‘‘5. Each Party shall implement in accord- a regionally significant or potentially prece- in any 30-day period. ance with paragraph 2 above a voluntary or dent setting Proposal. Such Regional Review ‘‘4. All registrants shall annually report mandatory Water conservation program for must be conducted, to the extent possible, the monthly volumes of the Withdrawal, all, including existing, Basin Water users. within the time frames set forth in this Sec- Consumptive Use and Diversion in gallons to Conservation programs need to adjust to new tion. Any such Regional Review shall be un- the Originating Party and any other infor- demands and the potential impacts of cumu- dertaken only after consulting the Appli- mation requested by the Originating Party. lative effects and climate. cant. ‘‘5. Each Party shall annually report the ‘‘Section 4.3. Party Powers and Duties. ‘‘2. Notice from Originating Party to the information gathered pursuant to this Sec- ‘‘1. Each Party, within its jurisdiction, Regional Body. tion to a Great Lakes—St. Lawrence River shall manage and regulate New or Increased ‘‘a. The Originating Party shall determine Water use data base repository and aggre- Withdrawals, Consumptive Uses and Diver- if a Proposal is subject to Regional Review. gated information shall be made publicly sions, including Exceptions, in accordance If so, the Originating Party shall provide available, consistent with the confiden- with this Compact. timely notice to the Regional Body and the tiality requirements in Section 8.3. ‘‘2. Each Party shall require an Applicant public. ‘‘6. Information gathered by the Parties to submit an Application in such manner and ‘‘b. Such notice shall not be given unless pursuant to this Section shall be used to im- with such accompanying information as the and until all information, documents and the prove the sources and applications of sci- Party shall prescribe. Originating Party’s Technical Review needed entific information regarding the Waters of ‘‘3. No Party may approve a Proposal if the to evaluate whether the Proposal meets the the Basin and the impacts of the With- Party determines that the Proposal is incon- Standard of Review and Decision have been drawals and Diversions from various loca- sistent with this Compact or the Standard of provided. tions and Water sources on the Basin Eco- Review and Decision or any implementing ‘‘c. An Originating Party may: system, and to better understand the role of rules or regulations promulgated thereunder. ‘‘i. Provide notice to the Regional Body of groundwater in the Basin. The Council and The Party may approve, approve with modi- an Application, even if notification is not re- the Parties shall coordinate the collection fications or disapprove any Proposal depend- quired; or, and application of scientific information to ing on the Proposal’s consistency with this ‘‘ii. Request Regional Review of an applica- further develop a mechanism by which indi- Compact and the Standard of Review and De- tion, even if Regional Review is not required. vidual and Cumulative Impacts of With- cision. Any such Regional Review shall be under- drawals, Consumptive Uses and Diversions ‘‘4. Each Party shall monitor the imple- taken only after consulting the Applicant. shall be assessed. mentation of any approved Proposal to en- ‘‘Section 4.2. Water Conservation and Effi- sure consistency with the approval and may ‘‘d. An Originating Party may provide pre- ciency Programs. take all necessary enforcement actions. liminary notice of a potential Proposal. ‘‘1. The Council commits to identify, in co- ‘‘5. No Party shall approve a Proposal sub- ‘‘3. Public Participation. operation with the Provinces, Basin-wide ject to Council or Regional Review, or both, ‘‘a. To ensure adequate public participa- Water conservation and efficiency objectives pursuant to this Compact unless it shall tion, the Regional Body shall adopt proce- to assist the Parties in developing their have been first submitted to and reviewed by dures for the review of Proposals that are Water conservation and efficiency program. either the Council or Regional Body, or both, subject to Regional Review in accordance These objectives are based on the goals of: and approved by the Council, as applicable. with this Article. ‘‘a. Ensuring improvement of the Waters Sufficient opportunity shall be provided for ‘‘b. The Regional Body shall provide notice and Water Dependent Natural Resources; comment on the Proposal’s consistency with to the public of a Proposal undergoing Re- ‘‘b. Protecting and restoring the hydro- this Compact and the Standard of Review gional Review. Such notice shall indicate logic and ecosystem integrity of the Basin; and Decision. All such comments shall be- that the public has an opportunity to com- ‘‘c. Retaining the quantity of surface water come part of the Party’s formal record of de- ment in writing to the Regional Body on and groundwater in the Basin; cision, and the Party shall take into consid- whether the Proposal meets the Standard of ‘‘d. Ensuring sustainable use of Waters of eration any such comments received. Review and Decision. the Basin; and, ‘‘Section 4.4. Requirement for Originating ‘‘c. The Regional Body shall hold a public ‘‘e. Promoting the efficiency of use and re- Party Approval. meeting in the State or Province of the Orig- ducing losses and waste of Water. ‘‘No Proposal subject to management and inating Party in order to receive public com- ‘‘2. Within two years of the effective date regulation under this Compact shall here- ment on the issue of whether the Proposal of this Compact, each Party shall develop its after be undertaken by any Person unless it under consideration meets the Standard of own Water conservation and efficiency goals shall have been approved by the Originating Review and Decision. and objectives consistent with the Basin- Party. ‘‘d. The Regional Body shall consider the wide goals and objectives, and shall develop ‘‘Section 4.5. Regional Review. comments received before issuing a Declara- and implement a Water conservation and ef- ‘‘1. General. tion of Finding. ficiency program, either voluntary or man- ‘‘a. It is the intention of the Parties to par- ‘‘e. The Regional Body shall forward the datory, within its jurisdiction based on the ticipate in Regional Review of Proposals comments it receives to the Originating Party’s goals and objectives. Each Party with the Provinces, as described in this Com- Party. shall annually assess its programs in meet- pact and the Agreement. ‘‘4. Technical Review. ing the Party’s goals and objectives, report ‘‘b. Unless the Applicant or the Originating ‘‘a. The Originating Party shall provide to the Council and the Regional Body and Party otherwise requests, it shall be the goal the Regional Body with its Technical Review make this annual assessment available to of the Regional Body to conclude its review of the Proposal under consideration. the public. no later than 90 days after notice under Sec- ‘‘b. The Originating Party’s Technical Re- ‘‘3. Beginning five years after the effective tion 4.5.2 of such Proposal is received from view shall thoroughly analyze the Proposal date of this Compact, and every five years the Originating Party. and provide an evaluation of the Proposal

VerDate Aug 31 2005 02:27 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.007 S01AUPT1 erowe on PRODPC61 with SENATE August 1, 2008 CONGRESSIONAL RECORD — SENATE S8011 sufficient for a determination of whether the ‘‘Section 4.7. Council Actions. ‘‘ii. The Applicant shall demonstrate that Proposal meets the Standard of Review and ‘‘1. Proposals for Exceptions subject to there is no feasible, cost effective, and envi- Decision. Council Review shall be submitted by the ronmentally sound water supply alternative ‘‘c. Any member of the Regional Body may Originating Party to the Council for Council within the Great Lake watershed to which conduct their own Technical Review of any Review, and where applicable, to the Re- the Water will be transferred, including con- Proposal subject to Regional Review. gional Body for concurrent review. servation of existing water supplies; and, ‘‘d. At the request of the majority of its ‘‘2. The Council shall review and take ac- ‘‘iii. The Originating Party shall provide members, the Regional Body shall make tion on Proposals in accordance with this notice to the other Parties prior to making such arrangements as it considers appro- Compact and the Standard of Review and De- any decision with respect to the Proposal. priate for an independent Technical Review cision. The Council shall not take action on ‘‘c. If the Proposal results in a New or In- of a Proposal. a Proposal subject to Regional Review pursu- creased Consumptive Use of 5 million gallons ‘‘e. All Parties shall exercise their best ef- ant to this Compact unless the Proposal per day or greater average over any 90-day forts to ensure that a Technical Review un- shall have been first submitted to and re- period: dertaken under Sections 4.5.4.c and 4.5.4.d viewed by the Regional Body. The Council ‘‘i. The Proposal shall be subject to man- does not unnecessarily delay the decision by shall consider any findings resulting from agement and regulation by the Originating the Originating Party on the Application. such review. Party and shall meet the Exception Stand- Unless the Applicant or the Originating ‘‘Section 4.8. Prohibition of New or Increased ard, ensuring that Water Withdrawn shall be Party otherwise requests, all Technical Re- Diversions. returned to the Source Watershed; ‘‘All New or Increased Diversions are pro- views shall be completed no later than 60 ‘‘ii. The Applicant shall demonstrate that hibited, except as provided for in this Arti- days after the date the notice of the Pro- there is no feasible, cost effective, and envi- cle. posal was given to the Regional Body. ronmentally sound water supply alternative ‘‘5. Declaration of Finding. ‘‘Section 4.9. Exceptions to the Prohibition of within the Great Lake watershed to which ‘‘a. The Regional Body shall meet to con- Diversions. the Water will be transferred, including con- ‘‘1. Straddling Communities. A Proposal to sider a Proposal. The Applicant shall be pro- servation of existing water supplies; transfer Water to an area within a Strad- vided with an opportunity to present the ‘‘iii. The Proposal undergoes Regional Re- dling Community but outside the Basin or Proposal to the Regional Body at such time. view; and, outside the source Great Lake Watershed ‘‘b. The Regional Body, having considered ‘‘iv. The Proposal is approved by the Coun- shall be excepted from the prohibition the notice, the Originating Party’s Technical cil. Council approval shall be given unless against Diversions and be managed and regu- Review, any other independent Technical Re- one or more Council Members vote to dis- lated by the Originating Party provided view that is made, any comments or objec- approve. that, regardless of the volume of Water tions including the analysis of comments ‘‘3. Straddling Counties. A Proposal to transferred, all the Water so transferred made by the public, First Nations and feder- transfer Water to a Community within a shall be used solely for Public Water Supply ally recognized Tribes, and any other infor- Straddling County that would be considered Purposes within the Straddling Community, mation that is provided under this Compact a Diversion under this Compact shall be ex- and: shall issue a Declaration of Finding that the cepted from the prohibition against Diver- ‘‘a. All Water Withdrawn from the Basin Proposal under consideration: sions, provided that it satisfies all of the fol- shall be returned, either naturally or after ‘‘i. Meets the Standard of Review and Deci- lowing conditions: use, to the Source Watershed less an allow- sion; ‘‘a. The Water shall be used solely for the ance for Consumptive Use. No surface water ‘‘ii. Does not meet the Standard of Review Public Water Supply Purposes of the Com- or groundwater from outside the Basin may and Decision; or, munity within a Straddling County that is be used to satisfy any portion of this cri- ‘‘iii. Would meet the Standard of Review without adequate supplies of potable water; terion except if it: and Decision if certain conditions were met. ‘‘b. The Proposal meets the Exception ‘‘i. Is part of a water supply or wastewater ‘‘c. An Originating Party may decline to Standard, maximizing the portion of water treatment system that combines water from participate in a Declaration of Finding made returned to the Source Watershed as Basin inside and outside of the Basin; by the Regional Body. Water and minimizing the surface water or ‘‘ii. Is treated to meet applicable water ‘‘d. The Parties recognize and affirm that groundwater from outside the Basin; quality discharge standards and to prevent it is preferable for all members of the Re- ‘‘c. The Proposal shall be subject to man- the introduction of invasive species into the gional Body to agree whether the Proposal agement and regulation by the Originating Basin; meets the Standard of Review and Decision. Party, regardless of its size; ‘‘iii. Maximizes the portion of water re- ‘‘e. If the members of the Regional Body ‘‘d. There is no reasonable water supply al- turned to the Source Watershed as Basin who participate in the Declaration of Find- ternative within the basin in which the com- Water and minimizes the surface water or ing all agree, they shall issue a written Dec- munity is located, including conservation of groundwater from outside the Basin; laration of Finding with consensus. existing water supplies; ‘‘b. If the Proposal results from a New or ‘‘f. In the event that the members cannot ‘‘e. Caution shall be used in determining Increased Withdrawal of 100,000 gallons per agree, the Regional Body shall make every whether or not the Proposal meets the condi- day or greater average over any 90-day pe- reasonable effort to achieve consensus with- tions for this Exception. This Exception riod, the Proposal shall also meet the Excep- in 25 days. should not be authorized unless it can be tion Standard; and, ‘‘g. Should consensus not be achieved, the shown that it will not endanger the integrity ‘‘c. If the Proposal results in a New or In- Regional Body may issue a Declaration of of the Basin Ecosystem; creased Consumptive Use of 5 million gallons Finding that presents different points of ‘‘f. The Proposal undergoes Regional Re- per day or greater average over any 90-day view and indicates each Party’s conclusions. view; and, period, the Proposal shall also undergo Re- ‘‘h. The Regional Body shall release the ‘‘g. The Proposal is approved by the Coun- gional Review. cil. Council approval shall be given unless Declarations of Finding to the public. ‘‘2. Intra-Basin Transfer. A Proposal for an ‘‘i. The Originating Party and the Council one or more Council Members vote to dis- Intra-Basin Transfer that would be consid- approve. shall consider the Declaration of Finding be- ered a Diversion under this Compact, and not fore making a decision on the Proposal. A Proposal must satisfy all of the conditions already excepted pursuant to paragraph 1 of listed above. Further, substantive consider- ‘‘Section 4.6. Proposals Subject to Prior No- this Section, shall be excepted from the pro- tice. ation will also be given to whether or not the ‘‘1. Beginning no later than five years of hibition against Diversions, provided that: Proposal can provide sufficient scientifically the effective date of this Compact, the Origi- ‘‘a. If the Proposal results from a New or based evidence that the existing water sup- nating Party shall provide all Parties and Increased Withdrawal less than 100,000 gal- ply is derived from groundwater that is the Provinces with detailed and timely no- lons per day average over any 90-day period, hydrologically interconnected to Waters of tice and an opportunity to comment within the Proposal shall be subject to management the Basin. 90 days on any Proposal for a New or In- and regulation at the discretion of the Origi- ‘‘4. Exception Standard. Proposals subject creased Consumptive Use of 5 million gallons nating Party. to management and regulation in this Sec- per day or greater average in any 90-day pe- ‘‘b. If the Proposal results from a New or tion shall be declared to meet this Exception riod. Comments shall address whether or not Increased Withdrawal of 100,000 gallons per Standard and may be approved as appro- the Proposal is consistent with the Standard day or greater average over any 90-day pe- priate only when the following criteria are of Review and Decision. The Originating riod and if the Consumptive Use resulting met: Party shall provide a response to any such from the Withdrawal is less than 5 million ‘‘a. The need for all or part of the proposed comment received from another Party. gallons per day average over any 90-day pe- Exception cannot be reasonably avoided ‘‘2. A Party may provide notice, an oppor- riod: through the efficient use and conservation of tunity to comment and a response to com- ‘‘i. The Proposal shall meet the Exception existing water supplies; ments even if this is not required under para- Standard and be subject to management and ‘‘b. The Exception will be limited to quan- graph 1 of this Section. Any provision of regulation by the Originating Party, except tities that are considered reasonable for the such notice and opportunity to comment that the Water may be returned to another purposes for which it is proposed; shall be undertaken only after consulting Great Lake watershed rather than the ‘‘c. All Water Withdrawn shall be returned, the Applicant. Source Watershed; either naturally or after use, to the Source

VerDate Aug 31 2005 04:32 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.007 S01AUPT1 erowe on PRODPC61 with SENATE S8012 CONGRESSIONAL RECORD — SENATE August 1, 2008 Watershed less an allowance for Consump- Watershed less an allowance for Consump- prepared by each Party in accordance with tive Use. No surface water or groundwater tive Use; this Section, shall constitute the baseline from the outside the Basin may be used to ‘‘2. The Withdrawal or Consumptive Use volume. satisfy any portion of this criterion except if will be implemented so as to ensure that the ‘‘c. The list(s) shall be furnished to the Re- it: Proposal will result in no significant indi- gional Body and the Council within one year ‘‘i. Is part of a water supply or wastewater vidual or cumulative adverse impacts to the of the effective date of this Compact. treatment system that combines water from quantity or quality of the Waters and Water ‘‘3. Timing of Additional Applications. Ap- inside and outside of the Basin; Dependent Natural Resources and the appli- plications for New or Increased Withdrawals, ‘‘ii. Is treated to meet applicable water cable Source Watershed; Consumptive Uses or Exceptions shall be quality discharge standards and to prevent ‘‘3. The Withdrawal or Consumptive Use considered cumulatively within ten years of the introduction of invasive species into the will be implemented so as to incorporate En- any application. Basin; vironmentally Sound and Economically Fea- ‘‘4. Change of Ownership. Unless a new ‘‘d. The Exception will be implemented so sible Water Conservation Measures; owner proposes a project that shall result in as to ensure that it will result in no signifi- ‘‘4. The Withdrawal or Consumptive Use a Proposal for a New or Increased Diversion cant individual or cumulative adverse im- will be implemented so as to ensure that it or Consumptive Use subject to Regional Re- pacts to the quantity or quality of the Wa- is in compliance with all applicable munic- view or Council approval, the change of own- ters and Water Dependent Natural Resources ipal, State and federal laws as well as re- ership in and of itself shall not require Re- of the Basin with consideration given to the gional interstate and international agree- gional Review or Council approval. potential Cumulative Impacts of any prece- ments, including the Boundary Waters Trea- ‘‘5. Groundwater. The Basin surface water dent-setting consequences associated with ty of 1909; divide shall be used for the purpose of man- the Proposal; ‘‘5. The proposed use is reasonable, based aging and regulating New or Increased Diver- ‘‘e. The Exception will be implemented so upon a consideration of the following fac- sions, Consumptive Uses or Withdrawals of as to incorporate Environmentally Sound tors: surface water and groundwater. and Economically Feasible Water Conserva- ‘‘a. Whether the proposed Withdrawal or ‘‘6. Withdrawal Systems. The total volume tion Measures to minimize Water With- Consumptive Use is planned in a fashion that of surface water and groundwater resources drawals or Consumptive Use; provides for efficient use of the water, and that supply a common distribution system ‘‘f. The Exception will be implemented so will avoid or minimize the waste of Water; shall determine the volume of a Withdrawal, as to ensure that it is in compliance with all ‘‘b. If the Proposal is for an increased Consumptive Use or Diversion. applicable municipal, State and federal laws Withdrawal or Consumptive use, whether ef- ‘‘7. Connecting Channels. The watershed of as well as regional interstate and inter- ficient use is made of existing water sup- each Great Lake shall include its upstream national agreements, including the Bound- plies; and downstream connecting channels. ary Waters Treaty of 1909; and, ‘‘c. The balance between economic develop- ‘‘8. Transmission in Water Lines. Trans- ‘‘g. All other applicable criteria in Section ment, social development and environmental mission of Water within a line that extends 4.9 have also been met. protection of the proposed Withdrawal and outside the Basin as it conveys Water from ‘‘Section 4.10. Management and Regulation of use and other existing or planned with- one point to another within the Basin shall New or Increased Withdrawals and Consump- drawals and water uses sharing the water not be considered a Diversion if none of the tive Uses. source; Water is used outside the Basin. ‘‘1. Within five years of the effective date ‘‘d. The supply potential of the water ‘‘9. Hydrologic Units. The Lake Michigan of this Compact, each Party shall create a source, considering quantity, quality, and re- and Lake Huron watersheds shall be consid- program for the management and regulation liability and safe yield of hydrologically ered to be a single hydrologic unit and wa- of New or Increased Withdrawals and Con- interconnected water sources; tershed. sumptive Uses by adopting and imple- ‘‘e. The probable degree and duration of ‘‘10. Bulk Water Transfer. A Proposal to menting Measures consistent with the Deci- any adverse impacts caused or expected to be Withdraw Water and to remove it from the sion-Making Standard. Each Party, through caused by the proposed Withdrawal and use Basin in any container greater than 5.7 gal- a considered process, shall set and may mod- under foreseeable conditions, to other lawful lons shall be treated under this Compact in ify threshold levels for the regulation of New consumptive or non-consumptive uses of the same manner as a Proposal for a Diver- or Increased Withdrawals in order to assure water or to the quantity or quality of the sion. Each Party shall have the discretion, an effective and efficient Water management Waters and Water Dependent Natural Re- within its jurisdiction, to determine the program that will ensure that uses overall sources of the Basin, and the proposed plans treatment of Proposals to Withdraw Water are reasonable, that Withdrawals overall will and arrangements for avoidance or mitiga- and to remove it from the Basin in any con- not result in significant impacts to the Wa- tion of such impacts; and, tainer of 5.7 gallons or less. ters and Water Dependent Natural Resources ‘‘f. If a Proposal includes restoration of hy- ‘‘Section 4.13. Exemptions. of the Basin, determined on the basis of sig- drologic conditions and functions of the ‘‘Withdrawals from the Basin for the fol- nificant impacts to the physical, chemical, Source Watershed, the Party may consider lowing purposes are exempt from the re- and biological integrity of Source Water- that. quirements of Article 4. sheds, and that all other objectives of the ‘‘Section 4.12. Applicability. ‘‘1. To supply vehicles, including vessels Compact are achieved. Each Party may de- ‘‘1. Minimum Standard. This Standard of and aircraft, whether for the needs of the termine the scope and thresholds of its pro- Review and Decision shall be used as a min- persons or animals being transported or for gram, including which New or Increased imum standard. Parties may impose a more ballast or other needs related to the oper- Withdrawals and Consumptive Uses will be restrictive decision-making standard for ation of the vehicles. subject to the program. Withdrawals under their authority. It is also ‘‘2. To use in a non-commercial project on ‘‘2. Any Party that fails to set threshold acknowledged that although a Proposal a short-term basis for firefighting, humani- levels that comply with Section 4.10.1 any meets the Standard of Review and Decision tarian, or emergency response purposes. time before 10 years after the effective date it may not be approved under the laws of the ‘‘Section 4.14. U.S. Supreme Court Decree: of this Compact shall apply a threshold level Originating Party that has implemented Wisconsin et al. v. Illinois et al. for management and regulation of all New or more restrictive Measures. ‘‘1. Notwithstanding any terms of this Increased Withdrawals of 100,000 gallons per ‘‘2. Baseline. Compact to the contrary, with the exception day or greater average in any 90 day period. ‘‘a. To establish a baseline for determining of Paragraph 5 of this Section, current, New ‘‘3. The Parties intend programs for New or a New or Increased Diversion, Consumptive or Increased Withdrawals, Consumptive Uses Increased Withdrawals and Consumptive Use or Withdrawal, each Party shall develop and Diversions of Basin Water by the State Uses to evolve as may be necessary to pro- either or both of the following lists for their of Illinois shall be governed by the terms of tect Basin Waters. Pursuant to Section 3.4, jurisdiction: the Council, in cooperation with the Prov- the United States Supreme Court decree in ‘‘i. A list of existing Withdrawal approvals inces, shall periodically assess the Water Wisconsin et al. v. Illinois et al. and shall management programs of the Parties. Such as of the effective date of the Compact; not be subject to the terms of this Compact assessments may produce recommendations ‘‘ii. A list of the capacity of existing sys- nor any rules or regulations promulgated for the strengthening of the programs, in- tems as of the effective date of this Compact. pursuant to this Compact. This means that, cluding without limitation, establishing The capacity of the existing systems should with the exception of Paragraph 5 of this lower thresholds for management and regu- be presented in terms of Withdrawal capac- Section, for purposes of this Compact, cur- lation in accordance with the Decision-Mak- ity, treatment capacity, distribution capac- rent, New or Increased Withdrawals, Con- ing Standard. ity, or other capacity limiting factors. The sumptive Uses and Diversions of Basin Water ‘‘Section 4.11. Decision-Making Standard. capacity of the existing systems must rep- within the State of Illinois shall be allowed ‘‘Proposals subject to management and resent the state of the systems. Existing ca- unless prohibited by the terms of the United regulation in Section 4.10 shall be declared pacity determinations shall be based upon States Supreme Court decree in Wisconsin et to meet this Decision-Making Standard and approval limits or the most restrictive ca- al. v. Illinois et al. may be approved as appropriate only when pacity information. ‘‘2. The Parties acknowledge that the the following criteria are met: ‘‘b. For all purposes of this Compact, vol- United States Supreme Court decree in Wis- ‘‘1. All Water Withdrawn shall be returned, umes of Diversions, Consumptive Uses, or consin et al. v. Illinois et al. shall continue either naturally or after use, to the Source Withdrawals of Water set forth in the list(s) in full force and effect, that this Compact

VerDate Aug 31 2005 02:27 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.008 S01AUPT1 erowe on PRODPC61 with SENATE August 1, 2008 CONGRESSIONAL RECORD — SENATE S8013 shall not modify any terms thereof, and that Basin Waters and take into account the cur- the Council shall be open to the public, ex- this Compact shall grant the parties no addi- rent state of scientific knowledge, or uncer- cept with respect to issues of personnel. tional rights, obligations, remedies or de- tainty, and appropriate Measures to exercise ‘‘2. The minutes of the Council shall be a fenses thereto. The Parties specifically ac- caution in cases of uncertainty if serious public record open to inspection at its offices knowledge that this Compact shall not pro- damage may result; during regular business hours. hibit or limit the State of Illinois in any ‘‘c. Consider adaptive management prin- ‘‘Section 6.2. Public Participation. manner from seeking additional Basin Water ciples and approaches, recognizing, consid- ‘‘It is the intent of the Council to conduct as allowed under the terms of the United ering and providing adjustments for the un- public participation processes concurrently States Supreme Court decree in Wisconsin et certainties in, and evolution of science con- and jointly with processes undertaken by the al. v. Illinois et al., any other party from ob- cerning the Basin’s water resources, water- Parties and through Regional Review. To en- jecting to any request by the State of Illi- sheds and ecosystems, including potential sure adequate public participation, each nois for additional Basin Water under the changes to Basin-wide processes, such as Party or the Council shall ensure procedures terms of said decree, or any party from seek- lake level cycles and climate. for the review of Proposals subject to the ing any other type of modification to said ‘‘2. The Parties have the responsibility of Standard of Review and Decision consistent decree. If an application is made by any conducting this Cumulative Impact assess- with the following requirements: party to the Supreme Court of the United ment. Applicants are not required to partici- ‘‘1. Provide public notification of receipt of States to modify said decree, the Parties to pate in this assessment. all Applications and a reasonable oppor- this Compact who are also parties to the de- ‘‘3. Unless required by other statutes, Ap- tunity for the public to submit comments be- cree shall seek formal input from the Cana- plicants are not required to conduct a sepa- fore Applications are acted upon. dian Provinces of Ontario and Que´bec, with rate cumulative impact assessment in con- ‘‘2. Assure public accessibility to all docu- respect to the proposed modification, use nection with an Application but shall submit ments relevant to an Application, including best efforts to facilitate the appropriate par- information about the potential impacts of a public comment received. ticipation of said Provinces in the pro- Proposal to the quantity or quality of the ‘‘3. Provide guidance on standards for de- ceedings to modify the decree, and shall not Waters and Water Dependent Natural Re- termining whether to conduct a public meet- unreasonably impede or restrict such partici- sources of the applicable Source Watershed. ing or hearing for an Application, time and pation. An Applicant may, however, provide an anal- place of such a meeting(s) or hearing(s), and ‘‘3. With the exception of Paragraph 5 of ysis of how their Proposal meets the no sig- procedures for conducting of the same. this Section, because current, New or In- nificant adverse Cumulative Impact provi- ‘‘4. Provide the record of decision for pub- creased Withdrawals, Consumptive Uses and sion of the Standard of Review and Decision. lic inspection including comments, objec- Diversions of Basin Water by the State of Il- ‘‘ARTICLE 5 tions, responses and approvals, approvals linois are not subject to the terms of this with conditions and disapprovals. ‘‘TRIBAL CONSULTATION Compact, the State of Illinois is prohibited ‘‘ARTICLE 7 from using any term of this Compact, includ- ‘‘Section 5.1. Consultation with Tribes. ing Section 4.9, to seek New or Increased ‘‘1. In addition to all other opportunities to ‘‘DISPUTE RESOLUTION AND Withdrawals, Consumptive Uses or Diver- comment pursuant to Section 6.2, appro- ENFORCEMENT sions of Basin Water. priate consultations shall occur with feder- ‘‘Section 7.1. Good Faith Implementation. ‘‘4. With the exception of Paragraph 5 of ally recognized Tribes in the Originating ‘‘Each of the Parties pledges to support im- this Section, because Sections 4.3, 4.4, 4.5, Party for all Proposals subject to Council or plementation of all provisions of this Com- 4.6, 4.7, 4.8, 4.9, 4.10, 4.11, 4.12 (Paragraphs 1, Regional Review pursuant to this Compact. pact, and covenants that its officers and 2, 3, 4, 6 and 10 only), and 4.13 of this Com- Such consultations shall be organized in the agencies shall not hinder, impair, or prevent pact all relate to current, New or Increased manner suitable to the individual Proposal any other Party carrying out any provision Withdrawals, Consumptive Uses and Diver- and the laws and policies of the Originating of this Compact. sions of Basin Waters, said provisions do not Party. ‘‘Section 7.2. Alternative Dispute Resolution. apply to the State of Illinois. All other pro- ‘‘2. All federally recognized Tribes within ‘‘1. Desiring that this Compact be carried visions of this Compact not listed in the pre- the Basin shall receive reasonable notice in- out in full, the Parties agree that disputes ceding sentence shall apply to the State of dicating that they have an opportunity to between the Parties regarding interpreta- Illinois, including the Water Conservation comment in writing to the Council or the tion, application and implementation of this Programs provision of Section 4.2. Regional Body, or both, and other relevant Compact shall be settled by alternative dis- ‘‘5. In the event of a Proposal for a Diver- organizations on whether the Proposal meets pute resolution. sion of Basin Water for use outside the terri- the requirements of the Standard of Review ‘‘2. The Council, in consultation with the torial boundaries of the Parties to this Com- and Decision when a Proposal is subject to Provinces, shall provide by rule procedures pact, decisions by the State of Illinois re- Regional Review or Council approval. Any for the resolution of disputes pursuant to garding such a Proposal would be subject to notice from the Council shall inform the this section. all terms of this Compact, except Paragraphs Tribes of any meeting or hearing that is to ‘‘Section 7.3. Enforcement. 1, 3 and 4 of this Section. be held under Section 6.2 and invite them to ‘‘1. Any Person aggrieved by any action ‘‘6. For purposes of the State of Illinois’ attend. The Parties and the Council shall taken by the Council pursuant to the au- participation in this Compact, the entirety consider the comments received under this thorities contained in this Compact shall be of this Section 4.14 is necessary for the con- Section before approving, approving with entitled to a hearing before the Council. Any tinued implementation of this Compact and, modifications or disapproving any Proposal Person aggrieved by a Party action shall be if severed, this Compact shall no longer be subject to Council or Regional Review. entitled to a hearing pursuant to the rel- binding on or enforceable by or against the ‘‘3. In addition to the specific consultation evant Party’s administrative procedures and State of Illinois. mechanisms described above, the Council laws. After exhaustion of such administra- ‘‘Section 4.15. Assessment of Cumulative Im- shall seek to establish mutually-agreed upon tive remedies, (i) any aggrieved Person shall pacts. mechanisms or processes to facilitate dia- have the right to judicial review of a Council ‘‘1. The Parties in cooperation with the logue with, and input from federally recog- action in the United States District Courts Provinces shall collectively conduct within nized Tribes on matters to be dealt with by for the District of Columbia or the District the Basin, on a Lake watershed and St. Law- the Council; and, the Council shall seek to Court in which the Council maintains of- rence River Basin basis, a periodic assess- establish mechanisms and processes with fices, provided such action is commenced ment of the Cumulative Impacts of With- federally recognized Tribes designed to fa- within 90 days; and, (ii) any aggrieved Person drawals, Diversions and Consumptive Uses cilitate on-going scientific and technical shall have the right to judicial review of a from the Waters of the Basin, every 5 years interaction and data exchange regarding Party’s action in the relevant Party’s court or each time the incremental Basin Water matters falling within the scope of this Com- of competent jurisdiction, provided that an losses reach 50 million gallons per day aver- pact. This may include participation of trib- action or proceeding for such review is com- age in any 90-day period in excess of the al representatives on advisory committees menced within the time frames provided for quantity at the time of the most recent as- established under this Compact or such other by the Party’s law. For the purposes of this sessment, whichever comes first, or at the processes that are mutually-agreed upon paragraph, a State or Province is deemed to request of one or more of the Parties. The as- with federally recognized Tribes individually be an aggrieved Person with respect to any sessment shall form the basis for a review of or through duly-authorized intertribal agen- Party action pursuant to this Compact. the Standard of Review and Decision, Coun- cies or bodies. ‘‘2. a. Any Party or the Council may ini- cil and Party regulations and their applica- tiate actions to compel compliance with the tion. This assessment shall: ‘‘ARTICLE 6 provisions of this Compact, and the rules and ‘‘a. Utilize the most current and appro- ‘‘PUBLIC PARTICIPATION regulations promulgated hereunder by the priate guidelines for such a review, which ‘‘Section 6.1. Meetings, Public Hearings and Council. Jurisdiction over such actions is may include but not be limited to Council on Records. granted to the court of the relevant Party, Environmental Quality and Environment ‘‘1. The Parties recognize the importance as well as the United States District Courts Canada guidelines; and necessity of public participation in pro- for the District of Columbia and the District ‘‘b. Give substantive consideration to cli- moting management of the Water Resources Court in which the Council maintains of- mate change or other significant threats to of the Basin. Consequently, all meetings of fices. The remedies available to any such

VerDate Aug 31 2005 02:27 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.008 S01AUPT1 erowe on PRODPC61 with SENATE S8014 CONGRESSIONAL RECORD — SENATE August 1, 2008 court shall include, but not be limited to, eq- ‘‘1. Nothing in this Compact is intended to sidered a material breach. Unless otherwise uitable relief and civil penalties. provide nor shall be construed to provide, di- noted in this Compact, any change or amend- ‘‘b. Each Party may issue orders within its rectly or indirectly, to any Person any right, ment made to the Compact by any Party in respective jurisdiction and may initiate ac- claim or remedy under any treaty or inter- its implementing legislation or by the U.S. tions to compel compliance with the provi- national agreement nor is it intended to der- Congress when giving its consent to this sions of its respective statutes and regula- ogate any right, claim, or remedy that al- Compact is not considered effective unless tions adopted to implement the authorities ready exists under any treaty or inter- concurred in by all Parties. contemplated by this Compact in accordance national agreement. ‘‘Section 9.4. Effective Date and Execution. with the provisions of the laws adopted in ‘‘2. Nothing in this Compact is intended to ‘‘This Compact shall become binding and each Party’s jurisdiction. infringe nor shall be construed to infringe effective when ratified through concurring ‘‘3. Any aggrieved Person, Party or the upon the treaty power of the United States legislation by the states of Illinois, Indiana, Council may commence a civil action in the of America, nor shall any term hereof be Michigan, Minnesota, New York, Ohio and relevant Party’s courts and administrative construed to alter or amend any treaty or Wisconsin and the Commonwealth of Penn- systems to compel any Person to comply term thereof that has been or may hereafter sylvania and consented to by the Congress of with this Compact should any such Person, be executed by the United States of America. the United States. This Compact shall be without approval having been given, under- ‘‘3. Nothing in this Compact is intended to signed and sealed in nine identical original take a New or Increased Withdrawal, Con- affect nor shall be construed to affect the ap- copies by the respective chief executives of sumptive Use or Diversion that is prohibited plication of the Boundary Waters Treaty of the signatory Parties. One such copy shall be or subject to approval pursuant to this Com- 1909 whose requirements continue to apply in filed with the Secretary of State of each of pact. addition to the requirements of this Com- the signatory Parties or in accordance with ‘‘a. No action under this subsection may be pact. the laws of the state in which the filing is commenced if: ‘‘Section 8.3. Confidentiality. made, and one copy shall be filed and re- ‘‘i. The Originating Party or Council ap- ‘‘1. Nothing in this Compact requires a tained in the archives of the Council upon its proval for the New or Increased Withdrawal, Party to breach confidentiality obligations organization. The signatures shall be affixed Consumptive Use or Diversion has been or requirements prohibiting disclosure, or to and attested under the following form: granted; or, compromise security of commercially sen- ‘‘In Witness Whereof, and in evidence of ‘‘ii. The Originating Party or Council has sitive or proprietary information. the adoption and enactment into law of this found that the New or Increased Withdrawal, ‘‘2. A Party may take measures, including Compact by the legislatures of the signatory Consumptive Use or Diversion is not subject but not limited to deletion and redaction, parties and consent by the Congress of the to approval pursuant to this Compact. deemed necessary to protect any confiden- United States, the respective Governors do ‘‘b. No action under this subsection may be tial, proprietary or commercially sensitive hereby, in accordance with the authority commenced unless: information when distributing information conferred by law, sign this Compact in nine ‘‘i. A Person commencing such action has to other Parties. The Party shall summarize duplicate original copies, attested by the re- first given 60 days prior notice to the Origi- or paraphrase any such information in a spective Secretaries of State, and have nating Party, the Council and Person alleged manner sufficient for the Council to exercise caused the seals of the respective states to to be in noncompliance; and, its authorities contained in this Compact. be hereunto affixed this llll day of ‘‘ii. Neither the Originating Party nor the ‘‘Section 8.4. Additional Laws. (month), (year).’’: Now, therefore, be it Council has commenced and is diligently ‘‘Nothing in this Compact shall be con- Resolved by the Senate and House of Rep- prosecuting appropriate enforcement actions strued to repeal, modify or qualify the au- resentatives of the United States of America in to compel compliance with this Compact. thority of any Party to enact any legislation Congress assembled, That— The available remedies shall include equi- or enforce any additional conditions and re- (1) Congress consents to and approves the table relief, and the prevailing or substan- strictions regarding the management and interstate compact regarding water re- tially prevailing party may recover the costs regulation of Waters within its jurisdiction. sources in the Great Lakes—St. Lawrence of litigation, including reasonable attorney ‘‘Section 8.5. Amendments and Supplements. River Basin described in the preamble; and expert witness fees, whenever the court ‘‘The provisions of this Compact shall re- (2) until a Great Lakes Water Compact is determines that such an award is appro- main in full force and effect until amended ratified and enforceable, laws in effect as of priate. by action of the governing bodies of the Par- the date of enactment of this resolution pro- ‘‘4. Each of the Parties may adopt provi- ties and consented to and approved by any vide protection sufficient to prevent Great sions providing additional enforcement other necessary authority in the same man- Lakes water diversions; and mechanisms and remedies including equi- ner as this Compact is required to be ratified (3) Congress expressly reserves the right to table relief and civil penalties applicable to become effective. alter, amend, or repeal this resolution. within its jurisdiction to assist in the imple- ‘‘Section 8.6. Severability. f mentation of this Compact. ‘‘Should a court of competent jurisdiction ‘‘ARTICLE 8 hold any part of this Compact to be void or TENTH ANNIVERSARY OF UNITED ‘‘ADDITIONAL PROVISIONS unenforceable, it shall be considered sever- STATES EMBASSIES BOMBINGS ‘‘Section 8.1. Effect on Existing Rights. able from those portions of the Compact ca- pable of continued implementation in the ab- Ms. CANTWELL. I ask unanimous ‘‘1. Nothing in this Compact shall be con- consent that the Senate proceed to the strued to affect, limit, diminish or impair sence of the voided provisions. All other pro- any rights validly established and existing as visions capable of continued implementation immediate consideration of Calendar of the effective date of this Compact under shall continue in full force and effect. No. 912, S. Res. 618. State or federal law governing the With- ‘‘Section 8.7. Duration of Compact and Termi- The PRESIDING OFFICER. The drawal of Waters of the Basin. nation. clerk will report the resolution by ‘‘2. Nothing contained in this Compact ‘‘Once effective, the Compact shall con- title. shall be construed as affecting or intending tinue in force and remain binding upon each The assistant legislative clerk read and every Party unless terminated. This to affect or in any way to interfere with the as follows: law of the respective Parties relating to Compact may be terminated at any time by common law Water rights. a majority vote of the Parties. In the event A resolution (S. Res. 618) recognizing the ‘‘3. Nothing in this Compact is intended to of such termination, all rights established 10th anniversary of the bombings of the abrogate or derogate from treaty rights or under it shall continue unimpaired. United States Embassies in Nairobi, Kenya rights held by any Tribe recognized by the ‘‘ARTICLE 9 and Dar es Salaam, Tanzania, and memori- federal government of the United States alizing the citizens of the United States, ‘‘EFFECTUATION based upon its status as a Tribe recognized Kenya, and Tanzania whose lives were by the federal government of the United ‘‘Section 9.1. Repealer. claimed as a result of the al Qaeda led ter- States. ‘‘All acts and parts of acts inconsistent rorist attacks. with this act are to the extent of such incon- ‘‘4. An approval by a Party or the Council There being no objection, the Senate under this Compact does not give any prop- sistency hereby repealed. erty rights, nor any exclusive privileges, nor ‘‘Section 9.2. Effectuation by Chief Executive. proceeded to consider the resolution. shall it be construed to grant or confer any ‘‘The Governor is authorized to take such Ms. CANTWELL. I ask unanimous right, title, easement, or interest in, to or action as may be necessary and proper in his consent that the resolution be agreed over any land belonging to or held in trust or her discretion to effectuate the Compact to, the preamble be agreed to, the mo- by a Party; neither does it authorize any in- and the initial organization and operation tion to reconsider be laid upon the jury to private property or invasion of pri- thereunder. table, with no intervening action or de- vate rights, nor infringement of federal, ‘‘Section 9.3. Entire Agreement. bate, and that any statements related ‘‘The Parties consider this Compact to be State or local laws or regulations; nor does to this measure be printed in the it obviate the necessity of obtaining federal complete and an integral whole. Each provi- assent when necessary. sion of this Compact is considered material RECORD. ‘‘Section 8.2. Relationship to Agreements to the entire Compact, and failure to imple- The PRESIDING OFFICER. Without Concluded by the United States of America. ment or adhere to any provision may be con- objection, it is so ordered.

VerDate Aug 31 2005 02:27 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.008 S01AUPT1 erowe on PRODPC61 with SENATE August 1, 2008 CONGRESSIONAL RECORD — SENATE S8015 The resolution (S. Res. 618) was ings of the United States embassies in Whereas the United States Government agreed to. Nairobi, Kenya and Dar es Salaam, Tan- played a key supportive role in the rescue The preamble was agreed to. zania; mission by the armed forces of Colombia; The resolution, with its preamble, (2) mourns the loss of those who lost their Whereas the FARC is designated as a for- reads as follows: lives in these tragic and senseless attacks, eign terrorist organization by the Depart- especially those who were employed by the ment of State and the European Union; S. RES. 618 embassies; Whereas the FARC utilizes kidnappings for Whereas on August 7, 1998, the al Qaeda (3) remembers the families and colleagues ransom, extortion, and the drug trade to fi- terrorist group, led by Osama bin Laden, or- of the victims whose lives have been forever nance its activities; ganized nearly simultaneous vehicular changed by the loss endured on August 7, Whereas the FARC committed atrocities bombing attacks on the United States em- 1998; against citizens of both Colombia and the bassies in Nairobi and Dar es Salaam; (4) expresses its deepest gratitude to the United States; Whereas approximately 4,000 people were people of Kenya and Tanzania for their gra- Whereas the FARC has kidnapped at least injured in the Nairobi bombing, including 14 cious contributions and assistance following 36 citizens of the United States since 1980, United States citizens, 13 Foreign Service these attacks; and killed 10 citizens of the United States; Nationals, and 2 contractors; (5) reaffirms its support for the people of Whereas the FARC currently holds an esti- Whereas 213 people were killed in the Kenya and Tanzania in striving for future mated 700 people as hostages; and bombing in Nairobi, including victims who opportunity, democracy, and prosperity; and Whereas over 50 FARC leaders have been were employees of the United States Govern- (6) reaffirms its resolve to defeat al Qaeda indicted in the United States for drug traf- ment, or were family members of employees and other terrorist organizations. ficking: Now, therefore, be it of the United States Government, namely— f Resolved, That the Senate— (1) the following United States citizens: (1) welcomes Keith Stansell, Thomas Nathan Aliganga, Julian Bartley, Sr., Julian WELCOMING HOME FARC Howes, and Marc Gonsalves home to the Bartley, Jr., Jean Dalizu, Molly Hardy, Ken- HOSTAGES United States after being held for over five neth Hobson, Prabhi Kavaler, Arlene Kirk, Ms. CANTWELL. I ask unanimous years by the Revolutionary Armed Forces of Dr. Mary Louise Martin, Michelle O’Connor, Colombia (FARC); Sherry Olds, and Uttamlal (Tom) Shah; consent that the Committee on For- eign Relations be discharged from fur- (2) celebrates with the families and rel- (2) the following Foreign Service Nation- atives of the hostages who kept faith despite als: Chrispin W. Bonyo, Lawrence A. Gitau, ther consideration of S. Res. 627 and being unsure of the fates of their family Hindu O. Idi, Tony Irungu, Geoffrey Kalio, G. the Senate proceed to its immediate members for more than five years; Joel Kamau, Lucy N. Karigi, Francis M. consideration. (3) expresses gratitude to the Government Kibe, Joe Kiongo, Dominic Kithuva, Peter K. The PRESIDING OFFICER. Without of Colombia and the armed forces of Colom- Macharia, Francis W. Maina, Cecelia objection, it is so ordered. bia for successfully rescuing the hostages, Mamboleo, Lydia M. Mayaka, Francis The clerk will report the resolution and applauds the effective contribution of Mbugua Ndungu, Kimeu N. Nganga, Francis by title. the United States Government to this effort; Mbogo Njunge, Vincent Nyoike, Francis (4) calls for the immediate release of all Olewe Ochilo, Maurice Okach, Edwin A.O. The assistant legislative clerk read as follows: hostages held by the FARC and other armed Omori, Lucy G. Onono, Evans K. Onsongo, terrorist groups in Colombia; and A resolution (S. Res. 627) welcoming home Eric Onyango, Sellah Caroline Opati, Rachel (5) urges the FARC to lay down their weap- Keith Stansell, Thomas Howes, and Marc M. Pussy, Farhat M. Sheikh, Phaedra ons and reject terrorism. Vrontamitis, Adams T. Wamai, Frederick M. Gonsalves, three citizens of the United Yafes; and States who were held hostage for over 5 f (3) the following contractors: Moses years by the Revolutionary Armed Forces of NATIONAL TRUANCY PREVENTION Namayi and Josiah Odero Owuor; Colombia, FARC, after their plane crashed MONTH Whereas 85 people were injured in the Dar on February 13, 2003. es Salaam bombing, including 2 United There being no objection, the Senate Ms. CANTWELL. Mr. President, I ask States citizens and 5 Foreign Service Nation- proceeded to consider the resolution. unanimous consent that the Senate als; Ms. CANTWELL. I ask unanimous proceed to the immediate consider- Whereas 1 Foreign Service National work- ation of Calendar No. 924, S. Res. 624. ing at the Dar es Salaam embassy, Saidi consent that the resolution be agreed Rogarth, is still listed by the Department of to, the preamble be agreed to, the mo- The PRESIDING OFFICER. The State as missing; tion to reconsider be laid upon the clerk will report the resolution by Whereas 11 people were killed in the Dar es table, with no intervening action or de- title. Salaam bombing, including— bate, and that any statements be print- The assistant legislative clerk read (1) Yusuf Ndange, a Foreign Service Na- as follows: tional; and ed in the RECORD. A resolution (S. Res. 624) designating Au- (2) the following contractors: The PRESIDING OFFICER. Without gust 2008 as ‘‘National Truancy Prevention Abdulrahaman Abdalla, Paul E. Elisha, objection, it is so ordered. Month.’’ Abdalla Mnyola, Abbas William Mwilla, The resolution (S. Res. 627) was Bakari Nyumbu, Mtendeje Rajabu, agreed to. There being no objection, the Senate Ramadhani Mahundi, and Dotto Ramadhani; The preamble was agreed to. proceeded to consider the resolution. Whereas damage to both buildings was ex- The resolution, with its preamble, Ms. CANTWELL. Mr. President, I ask tensive, rendering the facilities unusable; reads as follows: unanimous consent that the resolution Whereas the outpouring of aid and assist- S. RES. 627 be agreed to, the preamble be agreed ance from the people and Governments of Kenya and Tanzania was widespread and Whereas a Congressional Resolution in 2007 to, and the motions to reconsider be greatly appreciated by the people of the (S. Con. Res. 53) condemned the kidnapping laid upon the table, with no inter- United States; and hostage-taking of three citizens of the vening action or debate, and that any Whereas security guards at both embassies United States, Keith Stansell, Thomas statements related to the resolution be Howes, and Marc Gonsalves for over four acted bravely on the day of the bombings, printed in the RECORD. years by the FARC, and demanded their im- protecting the lives and property of citizens The PRESIDING OFFICER. Without of the United States, Kenya, and Tanzania; mediate and unconditional release; Whereas the United States embassies in Whereas the Senate expresses sorrow at objection, it is so ordered. both Nairobi and Dar es Salaam have been the murder of Tom Janis by the FARC, an- The resolution (S. Res. 624) was rebuilt; other citizen of the United States that was agreed to. Whereas the United States Government is on the downed aircraft, and Luis Alcedes The preamble was agreed to. partnering with the people and Governments Cruz, a member of the Colombian military, The resolution, with its preamble, of Kenya and Tanzania to help both coun- as well as citizens of the United States who reads as follows: tries obtain a more democratic future; died during a hostage search mission in 2003; S. RES. 624 Whereas 12 of the suspects indicted in the Whereas the Government of Colombia car- case have either been killed, captured, or are ried out a historic rescue mission on July 2, Whereas public schools in the United serving life sentences without parole; and 2008, freeing 15 hostages who the FARC had States are facing a dropout crisis, with ap- Whereas the United States Government kidnapped and held in captivity, including proximately 1,200,000 students not grad- continues to search for the remaining sus- these three citizens of the United States, In- uating from high school on time and only 70 pects, including Osama bin Laden: Now, grid Betancourt, and military and police per- percent of students earning high school di- therefore, be it sonnel of Colombia; plomas; Resolved, That the Senate— Whereas the armed forces of Colombia Whereas truancy has been shown to be the (1) recognizes the historic significance of planned, led, and executed the rescue oper- first and best indicator that a child will drop the tenth anniversary of the al Qaeda bomb- ation without a single gunshot; out of school, use marijuana for the first

VerDate Aug 31 2005 02:27 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.054 S01AUPT1 erowe on PRODPC61 with SENATE S8016 CONGRESSIONAL RECORD — SENATE August 1, 2008 time, and commit juvenile crimes by the age units of adventuresome, hardy, and fierce Forces, have been prosecuting the war of 15; warriors who, for the national security of the against terrorism, carrying out combat oper- Whereas the incidence of truancy in a re- United States and the defense of freedom and ations, conducting civil affairs missions, and cent national survey found that 11 percent of peace, project the effective ground combat assisting in establishing democracy in Iraq; eighth grade students, 16 percent of tenth power of the United States by Air Force air Whereas the airborne forces are and will grade students, and 35 percent of twelfth transport to the far reaches of the battle continue to be at the ready and the forefront grade students reported skipping 1 or more area and, indeed, to the far corners of the until the Global War on Terrorism is con- days of school during the previous 30 days; world; cluded; Whereas chronic truants often miss more Whereas August 16 marks the anniversary Whereas of the members and former mem- days of school than they attend; of the first official Army parachute jump on bers of the United States airborne forces, all Whereas absentee rates relate directly to August 16, 1940, an event that validated the have achieved distinction by earning the graduation rates and are highest in public innovative concept of inserting United right to wear the airborne’s ‘‘Silver Wings of schools in urban areas; States ground combat forces behind the bat- Courage’’, thousands have achieved the dis- Whereas truant eighth graders are more tle line by means of a parachute; tinction of making combat jumps, 69 have likely to say they do not believe they will Whereas the United States experiment of earned the Medal of Honor, and hundreds graduate from high school or attend college airborne infantry attack began on June 25, have earned the Distinguished-Service Cross, than their peers who attend regularly; 1940, when the Army Parachute Test Platoon Silver Star, or other decorations and awards Whereas truancy has been found to be a was first authorized by the Department of for displays of such traits as heroism, gal- risk factor for substance abuse, teen preg- War, and was launched when 48 volunteers lantry, intrepidity, and valor; nancy, and school dropout; began training in July 1940; Whereas the members and former members Whereas the average annual income for a Whereas the success of the Parachute Test of the United States airborne forces are high school dropout in 2005 was $17,299, com- Platoon in the days immediately preceding members of a proud and honorable fraternity pared to $26,933 for a high school graduate; the entry of the United States into World of the profession of arms that is made exclu- Whereas it has been demonstrated that War II led to the formation of a formidable sive by those distinctions which, together when truancy is addressed, there is a reduc- force of airborne units that have served with with their special skills and achievements, tion in the rates of daytime crime, juvenile distinction and have had repeated success in distinguish them as intrepid combat para- crime, drug use, and delinquency; armed hostilities; chutists, special operation forces, and (in Whereas effective truancy reduction pro- Whereas among those airborne units are former days) glider troops; grams can take many forms and can be im- the former 11th, 13th, and 17th Airborne Divi- Whereas the history and achievements of plemented in many different settings, in- sions, the venerable 82nd Airborne Division, the members and former members of the air- cluding in schools, courts, and through com- the versatile 101st Airborne Division (Air As- borne forces of the United States Armed munity programs; sault), and the airborne regiments and bat- Forces warrant special expressions of the Whereas truancy prevention programs fo- talions (some as components of those divi- gratitude of the American people; and cused on middle grade students are key to sions, some as separate units) that achieved Whereas, since the airborne community preventing future dropouts; and distinction as the elite 75th Ranger Regi- celebrates August 16 as the anniversary of ment, the 173rd Airborne Brigade, the 187th Whereas truancy reduction programs are the first official jump by the Army Para- Infantry (Airborne) Regiment, the 503rd, highly cost effective, reduce juvenile and chute Test Platoon, August 16 would be an 507th, 508th, 517th, 541st, and 542nd Parachute adult crime, and save taxpayer money: Now, appropriate day to recognize as National Air- Infantry Regiments, the 88th Glider Infantry therefore, be it borne Day: Now, therefore, be it Resolved, That the Senate— Regiment, the 509th, 551st, and 555th Para- (1) designates August 2008 as ‘‘National chute Infantry Battalions, the 325th and Resolved, That the Senate— Truancy Prevention Month’’; 327th Glider Infantry, and the 550th Airborne (1) designates August 16, 2008, as ‘‘National (2) recognizes the significant harm of Infantry Battalion; Airborne Day’’; and chronic truancy to the youth of the United Whereas the achievements of the airborne (2) calls on the people of the United States States; forces during World War II prompted the evo- to observe ‘‘National Airborne Day’’ with ap- (3) acknowledges the work being done by lution of those forces into a diversified force propriate programs, ceremonies, and activi- truancy prevention programs throughout the of parachute and air assault units that, over ties. United States to help at-risk youth; and the years, have fought in Korea, Vietnam, (4) encourages law enforcement, school of- Grenada, Panama, the Persian Gulf region, f ficials, the judiciary, community leaders, and Somalia, and have engaged in peace- keeping operations in Lebanon, the Sinai Pe- and the business community to work to- SUPPORTING THE GOALS AND gether to address truancy. ninsula, the Dominican Republic, Haiti, Bos- nia, and Kosovo; IDEALS OF THE INTERNATIONAL f Whereas the modern-day airborne force YEAR OF SANITATION NATIONAL AIRBORNE DAY that has evolved from those World War II be- Ms. CANTWELL. Mr. President, I ask Ms. CANTWELL. Mr. President, I ask ginnings is an agile, powerful force that, in large part, is composed of the 82nd Airborne unanimous consent that the Senate unanimous consent that the Judiciary Division, the 101st Airborne Division (Air As- proceed to the immediate consider- Committee be discharged and the Sen- sault), and the 75th Ranger Regiment; ation of Calendar No. 775, H. Con. Res. ate now proceed to the consideration of Whereas the modern-day airborne force 318. S. Res. 625. also includes other elite forces composed en- The PRESIDING OFFICER. The The PRESIDING OFFICER. Without tirely of airborne trained and qualified spe- clerk will report the concurrent resolu- objection, it is so ordered. cial operations warriors, including Army tion by title. The clerk will report the resolution Special Forces, Marine Corps Reconnais- by title. sance units, Navy SEALs, and Air Force The assistant legislative clerk read The assistant legislative clerk read combat control teams, all or most of which as follows: as follows: comprise the forces of the United States Spe- A concurrent resolution (H. Con. Res. 318) A resolution (S. Res. 625) designating Au- cial Operations Command; supporting the goals and ideals of the Inter- gust 16, 2008, as National Airborne Day. Whereas in the aftermath of the terrorist national Year of Sanitation. attacks on the United States on September There being no objection, the Senate 11, 2001, the 75th Ranger Regiment, special There being no objection, the Senate proceeded to consider the resolution. forces units, and units of the 82nd Airborne proceeded to consider the concurrent Ms. CANTWELL. Mr. President, I ask Division and the 101st Airborne Division (Air resolution. unanimous consent that the resolution Assault), together with other units of the Ms. CANTWELL. Mr. President, I ask be agreed to, the preamble be agreed Armed Forces, have been prosecuting the unanimous consent that the concur- to, and the motions to reconsider be war against terrorism by carrying out com- rent resolution be agreed to, the pre- bat operations in Afghanistan, training oper- laid upon the table. amble be agreed to, and the motions to The PRESIDING OFFICER. Without ations in the Philippines, and other oper- ations elsewhere; reconsider be laid upon the table, with objection, it is so ordered. no intervening action or debate, and The resolution (S. Res. 625) was Whereas in the aftermath of the Presi- that any statements relating to the agreed to. dent’s announcement of Operation Iraqi The preamble was agreed to. Freedom in March 2003, the 75th Ranger measure be printed in the RECORD. The resolution, with its preamble, Regiment, special forces units, and units of The PRESIDING OFFICER. Without the 82nd Airborne Division, the 101st Air- objection, it is so ordered. reads as follows: borne Division (Air Assault), the 173rd Air- S. RES. 625 borne Brigade, and the 4th Brigade Combat The concurrent resolution (H. Con. Whereas the airborne forces of the Armed Team (Airborne) of the 25th Infantry Divi- Res. 318) was agreed to. Forces have a long and honorable history as sion, together with other units of the Armed The preamble was agreed to.

VerDate Aug 31 2005 02:27 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.034 S01AUPT1 erowe on PRODPC61 with SENATE August 1, 2008 CONGRESSIONAL RECORD — SENATE S8017 MEASURE READ THE FIRST ing Thomas Moore, 63, a Vietnam veteran band, he spent his days holed up in a library. TIME—S. 3430 who worked almost a decade to get his ‘‘Education was important to me—that’s the brother’s moldering case reopened. reason I left school,’’ he said. ‘‘The adminis- Ms. CANTWELL. Mr. President, I un- Before entering this historic scene and sit- tration was more concerned with students derstand that S. 3430, introduced ear- ting in a rear pew, Alvin Sykes tugged at his getting a piece of paper than an education. lier today by Senator COBURN, is at the blue-jean jacket, stroked his scraggly goatee So I started teaching myself.’’ desk, and I ask for its first reading. and exhaled. He also sat in on trials, watching legal The PRESIDING OFFICER. The ‘‘Another day for justice,’’ said Sykes, an strategies, researching what he didn’t under- improbable presence at yet another improb- stand. He became involved in a federal deseg- clerk will read the title of the bill for able decades-old case. regation case with the Kansas City public the first time. Sykes, a high school dropout and prac- schools and befriended a Justice Department The assistant legislative clerk read ticing Buddhist who once lived in a homeless official. ‘‘I learned about cases and the sys- as follows: shelter and learned the law reading books in tem and started applying it to real matters,’’ A bill (S. 3430) to provide for the investiga- public libraries, has become both a catalyst he said. tion of certain unsolved civil rights crimes, and an inspiration during the 11th-hour rush Sykes’ work as a victims’ advocate became and for other purposes. to reopen these old murder cases before the locally renowned after a string of Kansas killers die off. City musicians were murdered in the late Ms. CANTWELL. Mr. President, I Since 1989, authorities in Mississippi and ’70s and early ’80s. When a white defendant now ask for its second reading and ob- six other states have re-examined 29 civil was acquitted of beating a prominent black ject to my own request. rights-era murders, with 28 resulting arrests musician to death, Sykes went back to the The PRESIDING OFFICER. Objec- and 22 convictions. library with the victim’s wife. ‘‘It was like in tion is heard. The FBI has uncovered 51 more killings, the movies,’’ he recalled. ‘‘We just kept The bill will be read the second time and the Southern Poverty Law Center has a opening books. Then 10 minutes before clos- list of 127 race-related killings between 1954 ing time, I found it.’’ on the next legislative day. and 1968. Sykes unearthed an obscure federal statute f It’s in this atmosphere that Sykes has bro- that allowed the defendant to be prosecuted kered meetings with people as various as on a civil rights violation. He sent every- EMMETT TILL UNSOLVED CIVIL U.S. senators, district attorneys and victims’ thing he found to Justice Department lawyer RIGHTS CRIME ACT relatives to seek long-delayed justice. Richard Roberts, now a federal judge in Mr. COBURN. Mr. President, I ask His behind-the-scenes maneuvering was Washington, who got an indictment. The de- unanimous consent to have printed in key to the FBI’s reinvestigation of the infa- fendant was convicted and received a life mous 1955 murder of Emmett Till, a black sentence. the RECORD an article from the Atlanta Chicago teen brutally killed after he alleg- ‘‘His seriousness of purpose was impres- Journal-Constitution, which profiles edly whistled at a white woman in Money, sive,’’ Roberts said. ‘‘It made answering his Mr. Alvin Sykes. Mr. Sykes and I have Miss. (Earlier this year, a Mississippi grand phone calls much more attractive.’’ worked closely together to reach a jury did not return an indictment in the Sykes had worked for or founded a variety compromise on this bill, and I would case.) of local victims’ rights groups, rarely living like the story of his life and his work Sykes also generated the idea for legisla- on more than $10,000 a year, when in 2003 he tion now before Congress that grew out of read a story about Till’s mother wanting her on this legislation to be part of the son’s case reopened. Two documentarians record. the reopening of that now-52-year-old slay- ing. Commonly known as the Till Bill, and also suggested there were living suspects be- I would also ask unanimous consent sponsored in the House of Representatives by yond the two men, now dead, who were ac- to have printed in the RECORD a mes- Rep. John Lewis (D–Ga.), it would fund a sep- quitted of the 14-year-old’s murder but later sage from Mr. Sykes to me, expressing arate unit in the Justice Department de- bragged about it in an article. Sykes and Donald Burger, a retired Justice support for the compromise. voted to investigating civil rights-era Department official who befriended Sykes crimes. Finally, I ask unanimous consent to during the school desegregation case, met ‘‘He’s a warrior,’’ said Moore of the mild- have printed in the RECORD three let- with Mamie Till-Mobley in Chicago and mannered Sykes, whom he credits with in- ters. The first is to the bill’s sponsor, talked about pursuing the case. Till-Mobley spiring him while he sought justice for his Senator CHRIS DODD, explaining my ob- died days later, after co-founding, with brother. ‘‘Every now and then a person Sykes and others, the Emmett Till Justice jection to the legislation. The letter is comes along who you say, ‘Where’d this guy dated June 25, 2007. The second is a sub- Campaign. come from?’ Alvin’s one of those guys. He ‘‘Alvin was the aggressor,’’ said Wheeler sequent letter to Senator DODD, seek- might not have this degree or that back- Parker, 68, who traveled with Till, his cous- ing a UC agreement for floor time on ground, but he has a lot of dedication and in, from Chicago to Mississippi in 1955. ‘‘Don the bill, dated June 19, 2008. The third inner strength.’’ had more contacts and knowledge, but Alvin is a similar letter to Senator REID, sent Added Margaret Burnham, a Northeastern had the aggressiveness and nerve to pursue the same day. University law professor who recently in- it. The fire’s in his belly.’’ vited Sykes to speak at a conference in Bos- Sykes arranged a meeting in Oxford, Miss., There being no objection, the mate- ton about civil rights-era cases, co-sponsored rial was ordered to be printed in the with a U.S. attorney, the district attorney by Harvard University, ‘‘He’s a completely who would prosecute the case, a Till relative RECORD, as follows: self-taught man who’s incredibly skilled at and documentarian Keith Beauchamp. The [From the Atlanta Journal-Constitution, knowing what buttons to push, when to push FBI soon agreed to investigate the case for Jun. 3, 2007] them and what cases the government might local authorities. CIVIL RIGHTS-ERA MURDER CASES: ‘‘ANOTHER respond to. He’s better at it than hundreds of ‘‘He was a very adept facilitator,’’ recalled DAY FOR JUSTICE’’—SELF-TAUGHT LEGAL people I’ve met in my long life as a civil Jim Greenlee, the U.S. attorney. ‘‘Without EXPERT ALVIN SYKES ISONAQUEST TO GET rights lawyer. his efforts, the chances for the investigation LONG-UNPURSUED SUSPECTS INTO COURT BE- ‘‘He brings a passion and insight to the being reopened would have been much less. I FORE IT’S TOO LATE work that would be extraordinary for any- call him a catalyst.’’ body—a university-trained academic or law- During the Till investigation, Sykes be- (By Drew Jubera) yer—but it’s particularly extraordinary came aware of dozens of other cold cases JACKSON, MISS.—A fourth-floor courtroom given his personal history.’’ from that era. He couldn’t create a justice filled here last week much the way Southern Sykes was born to a 14-year-old at a home campaign for each one, so he envisioned a courtrooms now fill every few years for a for unwed mothers, then taken in by a single unit within the Justice Department with the civil rights-era murder case. 48-year-old friend of the family in Kansas money, resources and expertise to inves- The 71-year-old defendant, James Seale, re- City, Mo. He was sickly, in and out of hos- tigate them all. He sold the idea to Mis- quested headphones as he sat with his law- pitals with epilepsy, and says around age 11 souri’s conservative Republican Sen. Jim yers during jury selection so he could hear he was sexually abused by a couple that lived Talent, who introduced the so-called Till Bill the proceedings. across the street. in 2005. The former crop duster and reputed Klans- His formal education was spotty—he spent Talent, who credits Sykes with the initial man is charged with kidnapping and con- three years at Boys Town, the facility for at- idea, lost re-election last year, and the origi- spiracy in connection with the May 2, 1964, risk kids in Omaha—then left school for good nal bill stalled. But the Emmett Till Un- abduction and killings of two black teen- at 16. solved Civil Rights Crime Act has been re- agers. The bodies of Henry Dee and Charles He lived briefly with his biological moth- introduced by Reps. Lewis and Kenny Moore were found in the Mississippi River, er—he thought for years she was a cousin— Hulshof (R–Mo.) in the House and Sens. Chris tied to a Jeep engine block. but says she was an alcoholic and rarely em- Dodd (D–Conn.) and Patrick Leahy (D–Vt.). Seale has pleaded not guilty to the federal ployed. He ran into her years later when he It provides $11.5 million annually to look charges. was homeless. She lived at the same shelter. into the era’s unsolved murders, and polit- Also inside the downtown courthouse: But Sykes calls leaving school the start of ical observers say its chances now look good. aging relatives of the murdered boys, includ- his education. Working nights managing a Many give Sykes credit.

VerDate Aug 31 2005 04:32 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.058 S01AUPT1 erowe on PRODPC61 with SENATE S8018 CONGRESSIONAL RECORD — SENATE August 1, 2008 ‘‘He has played the role of public advocate your amendment fails. Nothing in this re- and, given the updated investigative and fo- on Capitol Hill to remind legislators who quest is meant to criticize the Senate Lead- rensic tools, move forward in investigating may not have experienced the tragedy of seg- ership on the enormous work that they have these cases. regation and racial discrimination that un- done to craft and advocate for the passage of The Department of Justice is not lacking solved crimes against African-Americans this bill, especially the good work of Patrick resources either. At the end of Fiscal Year have left an intolerable stain on our democ- Grant in Senator Dodd’s office and Darrell 2006, the Department had $2.5 billion in unob- racy,’’ said Brenda Jones, spokeswoman for Thompson in Senate Majority leader Harry ligated balances, which is unspent money. Lewis. ‘‘He has helped remind many mem- Reid’s office who has kept hope alive on this The Department is expected to have $1.6 bil- bers of Congress that we must take steps to historic bill. However we firmly believe that lion in unobligated balances at the end of right these wrongs.’’ truth and justice can be best achieved by Fiscal Years 2007 and 2008. Leaving the Jackson courthouse during a opening and maintaining effective lines of Because the FBI is already working on this break in the Seale trial, which continues communication and searching for a win-win issue and the Justice Department has bil- with jury selection this week, Sykes shook justice seeking solution. We further believe lions of unspent dollars, I am unsure why his head. that since you started this by placing your creating new government programs and au- ‘‘I was sitting there thinking, ‘When I was hold on our bill, you should be the one to fin- thorizing more than $100 million in new 16, it was just like this.’ I was sitting in a ish it. Therefore the Emmett Till Justice spending is necessary. courtroom, getting an education.’’ Campaign, Inc. requests that you make an If authorizing more spending for this ongo- Sykes sometimes wishes he could return to overture to the Democratic Leadership and ing effort, however, is necessary, we could the music business, make a better living, the sponsors of the Till Bill by introducing pay for it with unspent Department funds or have a better life. Living off donations, some the Emmett Till Unsolved Civil Rights with offsets from existing lower priority speaking fees and a book Till’s mother wrote Crime Act, as proposed amended, under the spending, as I have proposed doing. that he sometimes sells out of a bag, he Unanimous Concent Agreement outlined I realize that many members of the Senate doesn’t even own a car. Friends drove him to above tonight in the interest of time, truth do not care about our national debt which is Jackson. and justice. why it is nearly $9 trillion. Most Senators, But he says he can’t leave the cause yet. Sincerely, in the pursuit of justice, I including you, voted to kill a Sense of Sen- There are still too many low-profile cases he am, ate resolution stating that Congress has a worries will stay lost. Even the Till case lan- ALVIN SYKES, moral obligation to offset the cost of new guished five decades without a reinvestiga- President, Government programs and initiatives. You tion. Emmett Till Justice Campaign, Inc. even voted to fund the infamous ‘‘Bridges to ‘‘The thing that gets me [maddest] in Nowhere’’ in Alaska which cost half a billion terms of the Till case,’’ he said, ‘‘is the real- U.S. SENATE, dollars! ization that [the two killers who were ac- Washington, DC, June 25, 2007. So while you may not concern yourself quitted on murder charges] could have been Senator CHRISTOPHER J. DODD, with our national debt or the impact of add- tried for kidnapping before they died. Russell Senate Office Building, ing to it, I do. That it why I was very dis- ‘‘I have a chip on my shoulder about all Washington, DC. appointed that you issued a press statement the people more knowledgeable than me who DEAR CHRIS: As you know, I have not last week claiming that I am ‘‘delaying this could have pursued that case. On my more agreed to a unanimous consent request for bill’s passage under false pretense.’’ benevolent days, I say they just didn’t know the Senate to approve S. 535/H.R. 923, not be- If you really care about this issue and the the law enough. On my most cynical days, I cause I disagree with the well intended mo- economic future of our nation, I would hope say it was just too much work.’’ tives of the legislation, but because it vio- that you would actually discuss the matter SYKES’ SUCCESSES lates the principles I use to evaluate every directly with me instead of holding press conferences and issuing press releases. In Sykes’ behind-the-scenes maneuvering was piece of legislation. I sent you and the other fact, my office did make an offer to your key to the FBI’s reinvestigation of the 1955 members of the Senate a copy of these prin- staff to find a way to pay for this bill, which murder of Emmett Till. ciples in February. Among these principles are: If a bill cre- was rejected. Sykes generated the idea for legislation If you have any interest in passing this bill that would create a separate unit in the Jus- ates or authorizes a new federal program or activity, it must not duplicate an existing in a fiscally responsible manner, please con- tice Department devoted to civil rights-era tact me. In the meantime, you can rest as- crimes. program or activity; and if a bill authorizes new spending, it must be offset by reductions sured that the Attorney General and the FBI DECADES-OLD CRIMES in real spending elsewhere. are already conducting the investigations Since 1989, officials in Mississippi and Your bill both creates a new government that your bill seeks to address. other states have taken another look: program that duplicates an existing program Sincerely, 29: Number of murders re-examined and authorizes new government spending TOM A. COBURN, M.D., 28: Number of arrests made without offsetting the costs. U.S. Senator. 22: Number of guilty verdicts The bill authorizes $115 million over 10 years to investigate murders committed be- U.S. SENATE, JULY 31, 2008. fore 1970 that have gone unpunished. Perhaps Washington, DC, June 19, 2008. DEAR SENATOR COBURN: First allow me to you are unaware, but the Department of Jus- Senator CHRISTOPHER J. DODD, extend our appreciation and admiration for tice initiated an effort over a year ago to do Russell Senate Office Building, you and your staff for assistance and com- just this. Washington, DC. munication with us concerning S. 535, the In February 2006, a full year before you in- DEAR SENATOR DODD: As you are aware, I Emmett Till Unsolved Civil Rights Crime troduced your bill, the U.S. Attorney Gen- am ready to enter into a unanimous consent Act. While we still believe that the hold that eral and the FBI director announced a part- agreement on S. 535, the Emmett Till Un- you placed on our bill was not the good way nership with the NAACP, the Southern Pov- solved Civil Rights Crime Act. This weekend to effect the institutional change in the erty Law Center and the National Urban marks the anniversary of the murders of manner that the United States Senate does League to investigate unsolved crimes from three civil rights workers in Mississippi, and business, we do appreciate the open lines of the civil rights era. Attorney General I believe it is an opportune time for the Sen- communication and respect that your staff, Alberto Gonzales has pledged that ‘‘The Jus- ate to give this bill the vote it deserves. To in particular Brooke Bacak and Tim tice Department is committed to inves- that end, I have offered four amendments for Tardibono, have shown in negotiating with tigating and prosecuting civil-rights era your consideration. Unfortunately, until you us on proposed language and conditions that homicides for as long as it takes and as far agree to allow me to offer these amendments would address your concern and minimize as the law allows—because there is no stat- on the floor, the Senate is prevented from the loss we have suffered from going this ute of limitations on human dignity and jus- moving to the bill. My hope is that we can route. Therefore our Board of Directors has tice.’’ resolve this issue soon, so that the Senate voted to endorse a unanimous consent agree- According to the FBI, ‘‘in February 2006, may consider S. 535 immediately. ment that would include the latest draft lan- the FBI enacted an initiative to identify I have always supported the admirable goal guage that rectifies the concerns with the hate crimes that occurred prior to December of this legislation: namely, to ensure that controversy over the Attorney having au- 1969, and resulted in death.’’ The Bureau’s 56 perpetrators of heinous civil rights cold case thority to reprogram funds from one con- field offices have been directed to re-examine crimes are finally brought to justice. I was gressionally directed fund to another by their unsolved civil rights cases and deter- pleased to learn of the Government’s efforts eliminating all reference to reprogramming mine which ones could still be viable for to identify and prosecute these crimes, initi- and replacing with prioritizing spending re- prosecution. The FBI has partnered with a ated a full year before your bill was intro- quest if Congress does not fully fund the Till number of state and local authorities, civic duced. It remains my desire to see these ef- Bill. Furthermore we support you having the organizations, and community leaders to re- forts continue, but I insist that they be done right to submit this language as an amend- examine old files. Since the initiative began, in a fiscally responsible manner. ment in the cloture vote process as long as the FBI has received nearly 100 such refer- My concerns with this bill have always in- the floor debate time is limited and that you rals. The FBI is continuing to assess each re- volved its cost, and I have worked consist- would not replace your hold on our bill if ferral for its investigative and legal viability ently to identify possible offsets. I made

VerDate Aug 31 2005 04:32 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.028 S01AUPT1 erowe on PRODPC61 with SENATE August 1, 2008 CONGRESSIONAL RECORD — SENATE S8019 known these concerns as early as August Till Unsolved Civil Rights Crime Act. I un- There is no better example of that 2006, when the measure was first considered derstand that your staff, along with that of than my relationship with JOHN EN- by the Senate Judiciary Committee. At that the bill’s sponsor, is still considering the SIGN. JOHN ENSIGN, the junior Senator time, the bill’s sponsor worked with me to four amendments I have proposed as a condi- find an agreeable offset; however, our pro- tion of my consent. My hope is that we can from Nevada, and I had a bitter race in posals were ultimately rejected by an resolve this issue soon, so that the Senate 1998. He was a Member of Congress. I unnamed Senator. In June 2007, I had an- may consider S. 535 immediately. was a sitting Senator. He ran against other opportunity to explain my concerns I have been disappointed in the progress of me. That was a close race. No one ever when the bill again came before the Com- this bill. Although I made known my specific thought we would wind up in the Sen- mittee. Additionally, more than three concerns over the bill’s cost as early as Au- ate together, but as fortune spins, Sen- months before I publicly objected to your re- gust 2006, my intentions have repeatedly ator Bryant unexpectedly decided not quest for unanimous consent to consider the been questioned both by members of the to run for reelection, and JOHN ENSIGN bill on the floor, I sent you a letter explain- media and the Senate. The attacks have been ing in detail my position on the bill. Finally, disingenuous, as I have always supported the was able to come to the Senate. in October 2007, I offered an amendment to admirable goal of this legislation: namely, to For 8 years, we have worked to de- provide $1.68 million to investigate and pros- ensure that perpetrators of heinous civil velop a relationship that has turned ecute unsolved civil rights crimes by trans- rights cold case crimes are finally brought to into a strong friendship. JOHN ENSIGN ferring funds from other wasteful programs. justice. Consistent with the position I have and I, though we disagree on some po- That amendment was defeated after a major- taken toward all legislation authorizing new litical issues, never, ever publicly or ity of the Senate, including 11 of the bill’s spending in the 110th Congress, I exercised privately discuss our differences politi- sponsors, voted to table it. my right to withhold consent on S. 535. I have, however, always made known my cally. Even if I had not been so vocal about this I mention that because we need in bill in the 109th Congress, the letter I sent to willingness to work with bill sponsors on you and all of my Senate colleagues in Feb- identifying needed offsets. Because they the Senate to work together. Even ruary 2007 should have left no doubt about have been unwilling to accept my offers and though we may have different political my position this year. That letter outlined have shown no willingness to otherwise ne- views on different aspects of Govern- the principles I use to evaluate legislation, gotiate, the Senate must now consider the ment, we need to work together. It which include: If a bill creates or authorizes bill on the floor. In order for this to happen, may not be apparent to those who we must reach an agreement as to time and a new federal program or activity, it must watch the daily skirmishes of the Sen- not duplicate an existing program or activ- amendments. I have put forth my request for consent to offer four amendments and con- ate from afar, but I try to approach ity; and if a bill authorizes new spending it every issue in this Congress with the must be offset by reductions in real spending tinue to await a response. Although my office has not been contacted elsewhere. same eagerness to find common ground Because S. 535 both creates a new, duplica- since last year by any Senator seeking to that I do working with Senator ENSIGN. tive government program and authorizes new move this bill, I have been in frequent con- There have been occasions—not often government spending without offsetting the tact with the Emmett Till Justice Cam- enough—where Republican colleagues costs, you had ample notice—long before you paign. That Campaign is undoubtedly the have joined Democrats in the pursuit hotlined the bill—that I would object. bill’s greatest supporter, and the persistent efforts of President Alvin Sykes have out- of progress. When they have chosen Because of the knowledge you had about that path, we have, together, accom- negotiations that occurred in the previous done any member of the Senate, both in Congress, my staff’s earlier failed efforts to character and enthusiasm. It has been my plished some very good things for the negotiate an offset with your staff, and my privilege to work directly with Mr. Sykes, American people, even in this work pe- own public statements, there has been a con- and it is to his credit that so much progress riod, which has seen some bitter par- sistent understanding of my willingness to has been made these past few months. We tisanship. While it will be remembered allow the full Senate to consider S. 535. My could all stand to learn from his example. probably for the Republican obstruc- only desire is to be permitted to offer amend- This weekend marks the 44th anniversary of the murders of three civil rights workers tionism that has occurred, we can still ments to the bill. I regret that my position look and find examples of significant has been unfairly—and incorrectly—charac- in Mississippi. The occasion makes consider- ation of this bill especially timely, and I bipartisan compromise. terized as an insurmountable obstacle to At a time when we see such inter- final passage. want to make clear that I support prompt Although my office has not been contacted consideration. Please give me a response on esting things around the country that by yours (or any other bill sponsors) since my request to offer four amendments so that need so much help, we have been able before the press conference you held to ques- the Senate is able to take up S. 535 as soon to pass legislation in one area of great tion my intentions on this bill, I have been as possible. concern: housing. We passed a com- in frequent contact with the Emmett Till Thanks, prehensive housing bill. The housing Justice Campaign. That Campaign is un- TOM A. COBURN, M.D., U.S. Senator. crisis has been uprooting families and doubtedly the bill’s greatest supporter, and wreaking havoc in neighborhoods the persistent efforts of President Alvin Ms. CANTWELL. Mr. President, I Sykes have outdone any member of the Sen- suggest the absence of a quorum. across the country for far too long. It ate, both in character and enthusiasm. It has The PRESIDING OFFICER. The was a struggle to get this bill passed. been my privilege to work directly with Mr. clerk will call the roll. Never in the history of the country, I Sykes, and it is to his credit that so much The legislative clerk proceeded to am told, has there been a bill that has progress has been made these past few call the roll. passed the Congress where we have had months. We could all stand to learn from his Mr. REID. Mr. President, I ask unan- seven filibusters on one bill—the same example. imous consent that the order for the bill—at the same time. We had one fili- In short, the purpose of this letter is to se- quorum call be rescinded. cure your commitment to a UC agreement buster right after the other, seven of allowing me to offer four amendments to S. The PRESIDING OFFICER. Without them, but we finally got to the finish 535 during floor debate. If you will do so, I objection, it is so ordered. line on housing. It is a good piece of am prepared to take up the bill immediately. SENATE ACCOMPLISHMENTS legislation. Some 8,500 families who re- Especially given the timeliness of this week- Mr. REID. Mr. President, in 2004, ceive foreclosure notices every day will end’s memorials commemorating the 44th when I was selected by my peers as the not be confronted with that in many anniversary of the deaths of three civil Democratic leader, the first public ap- instances because of the legislation we rights martyrs, I see no reason for further pearance I made following the vote we passed. delay. had, I walked out to the press and said During this work period, we also Sincerely, I would rather dance than fight. I still passed the Medicare doctors fix—the TOM A. COBURN, M.D., U.S. Senator. feel that way. I was elected to the Sen- salvation of Medicare is what it was— ate because the people of Nevada knew and we did that by overriding the U.S. SENATE, I was a good Democrat but that I al- senseless veto by the President of the Washington, DC, June 19, 2008. ways would eagerly reach across the United States. We were only able to do Senator HARRY REID, table and find common ground wher- that because right down here stood Hart Senate Office Building, ever possible. I guess I learned that in Senator TED KENNEDY, a man who Washington, DC. DEAR SENATOR REID: The purpose of this the courtroom in working cases. You should not have been here. He was not letter is to reiterate my willingness to enter have to be willing to compromise in supposed to be flying. He wasn’t sup- into a unanimous consent agreement allow- the law, as you do in politics. I have a posed to be around crowds, and of ing floor consideration of S. 535, the Emmett strong conviction, that is true. course there were lots of crowds that

VerDate Aug 31 2005 02:27 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.030 S01AUPT1 erowe on PRODPC61 with SENATE S8020 CONGRESSIONAL RECORD — SENATE August 1, 2008 were here—everyone wanted to be Democrats came to the floor to offer The combating child exploitation bill around him—and he stood here and seven different energy initiatives. Our would provide grants to train law en- cast the deciding vote that broke the plan would tackle every piece of the forcement to use technology to track impasse. We had 60 votes. After we got energy puzzle: Increasing supply with individuals who trade in child pornog- 60 votes, the Republicans in good will more domestic production, meaning in- raphy and establish an Internet crimes joined and allowed us to save Medicare. creasing supply with more American against children task force. It took the courage of TED KENNEDY, production; reducing demand by invest- The Christopher and Dana Reeve Pa- rising from his sick bed against doc- ing in clean and renewable alter- ralysis Act would enhance cooperation tors’ orders, to cast the deciding vote. natives; going after those who keep oil in research, rehabilitation, and quality Because he did, and enough Repub- prices artificially high for their own fi- of life with people who suffer from pa- licans joined with us, we renewed the nancial gain; and helping those in need ralysis. long-held American promise that the pay their skyrocketing heating bills. LIHEAP, a bill that was called Cool elderly, the disabled and the orphans Earlier today, a group of 10 Sen- In Summer, Warm In Winter Act to and widows will receive the health care ators—5 Republicans, 5 Democrats—in- provide relief to the aged, the disabled, they need. dicated they had done some work to and the poor so they can have energy We also passed, during this work pe- come up with a proposal that they assistance to cool their homes in sum- riod, a bill that is a test to America’s think would help the energy crisis. I mertime, heat their homes in the win- charity and moral authority in the have been kept informed of how this tertime—the Republicans turned it world, the so-called PEPFAR bill. This has been progressing, and I am glad down. legislation provides an unprecedented they have worked on what they did. We were amazed that Republicans level of support for the fight against They have worked very hard. There are said no to these bills and many others, AIDS in Africa. It is not often I have many good ideas. Do I agree with ev- but they did, and that is unfortunate. The list of critical priorities we could occasion to praise the President, but he erything they did? No, I don’t agree have done something about with even a did a good job on this, and I commend with everything, but even the 10 don’t small degree of Republican cooperation him for helping us. I am glad that even agree with everything in the package. is no longer available to us now. It after we had struggles for months at a I look forward to working with them. would have been nice if we could have time, Senate Republicans joined with We are going to work with this group done the list. The list of things we the President and Senate Democrats to in a number of different ways. First of copuld have done is far longer than I choose to end their obstruction and all, the information we got from them can recite today, but I say that because allow us to pass that legislation. is important. I am going to hold a sum- Republicans chose the path of obstruc- Late yesterday, we wrapped up work mit in Las Vegas on August 19—an en- tion. The good we did is far outweighed on an important piece of legislation. ergy summit, a clean energy summit. by the good that could have been. Of We did it at the end of this work pe- President Clinton will be there, Mayor course, that is disappointing to all of riod. In fact, we did it on two impor- Bloomberg, T. Boone Pickens, the Gov- us. tant pieces of legislation: consumer ernors of Utah, Arizona, Colorado. We have people from the private sector, When you strip away the differences product safety and the higher edu- between the McCain Republican ap- cation bill, both very important pieces the public sector coming to talk about what we can do to wean ourselves from proach to energy and the Democratic of legislation. At a time when parents approach to high gas prices, you find are rightly more concerned than ever fossil fuel. Also, the week we get back in Sep- the Republican policy is the Exxon pol- about the safety of the toys they buy tember, we are going to have an energy icy, and our policy is an energy policy. for their children, the consumer prod- summit of Democrats, a bipartisan en- The Republicans have a one-word pol- uct safety legislation gives parents and ergy summit, to see if there is any way icy: drill. That is the Exxon policy. Our all consumers new assurance that the we can work together to move for- approach, the Democratic approach is goods we buy are fully tested and ap- ward—move forward on things that are No. 1, drill where appropriate, but also proved for safe use. That applies to the so important to this country, such as develop competition for oil by encour- stereotype, which is the toys the chil- having multiple year energy tax cred- aging solar, wind, geothermal. The Re- dren use in America, but it is far its so we can wean ourselves from the publicans say no because it will lower broader than that. With rare exception, fossil fuels and look to the Sun, the oil prices, and that is not what Exxon it is everything we consume in Amer- wind, and geothermal for our energy. I wants. Our policy is to increase the ica today now will be safe. certainly hope we can do that. supply now by releasing oil from the The Higher Education Act had not Republicans have said no to every Strategic Petroleum Reserve. The Re- been reauthorized in some 10 years proposal we have made. Because they publicans say no because it will lower until last night. Of course, it was long did, the American people will have to oil prices and that is not what Exxon overdue, but since we passed it, mil- wait for short- and long-term solutions wants. lions of bright young American minds to the energy crisis. That truly is un- No. 3, we say go after financial specu- will have the opportunity to unlock fortunate. lators. The Republicans say no because the doors of opportunity a college edu- With more Republican cooperation, that would lower the price of oil, and cation provides. we could have passed mental health that is not what Exxon wants. Our country will be stronger for parity. That is so important. It is a bi- No. 4, we say invest in new car bat- every one of the bills we passed this partisan bill to ensure equal access to tery technology. The Republicans say work period—every one of them. I wish health care for people with mental ill- no because that will lower oil prices, we had passed a lot more. Those we did ness. We were prevented from doing and that is not what Exxon wants. are important. I am glad we did it. As that. The Republicans’ affection for Exxon with any legislation, when you pass a With more Republican cooperation, explains why they say no to even al- bill, there are lots of accolades to be we could have passed a package of 13 lowing us to debate issues that are so passed around. When you don’t pass a bipartisan bills that Republicans important. No, no, no is what Exxon bill, there is a lot of blame to go blocked. That package includes the wants—to keep oil prices high. around. Emmett Till unsolved crimes bill That is too bad. I feel a lot of disappointment, which would help heal old wounds and When we return in September, we though, when I think back upon this provide the Department of Justice and need to get right back to work. We work period and wonder what might the FBI tools needed to effectively in- have just a few weeks to get a lot done. have been, what might we have accom- vestigate and possibly solve civil Perhaps by then, though, the political plished if our Republican colleagues rights-era murders. winds will blow in a different direction, had decided to dance with us more The Runaway and Homeless Youth and the Republicans will return with a often than fight. We could have gone a Act would provide grants for health new willingness to work together. If long way toward solving America’s en- care, education and workforce pro- they do, we can work out a bipartisan ergy crisis. Yesterday was a microcosm grams and housing programs for run- plan on energy that meets our coun- for why the Senate failed to do so. away and homeless youth. try’s near- and long-term needs.

VerDate Aug 31 2005 02:27 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.064 S01AUPT1 erowe on PRODPC61 with SENATE August 1, 2008 CONGRESSIONAL RECORD — SENATE S8021 We can send the American people a reflect the Senate adoption of Calendar their own submarine fleets, the U.S. new economic stimulus bill to help No. 924, S. Res. 624, as reported by com- ability to travel freely and swiftly be- families make ends meet and strength- mittee. neath the waves represents a critically en an economy that has now lost jobs The PRESIDING OFFICER. Without important component of U.S. seapower. every month this year. objection, it is so ordered. Today, our submarine fleet is contrib- We can pass the Defense authoriza- f uting invaluable surveillance and re- tion bill that provides our military connaissance to our warfighters, and 50TH ANNIVERSARY OF THE with the funds they need to keep our providing an important platform for CROSSING OF THE NORTH POLE country safe. It takes care of those who operations in what the Navy calls ‘‘the BY THE USS ‘‘NAUTILUS’’ serve us bravely with an across-the- littorals,’’ or coastal areas. Our mili- board 3.9-percent military pay raise Mr. DODD. Mr. President, I rise tary has no more stealthy means for and major investments in the physical today, joined by my colleagues Sen- delivering power than the submarine, safety and mental health of our troops, ators LIEBERMAN, REED, and carrying Navy SEAL teams to enemy not the least of which is attempting to WHITEHOUSE, to mark the 50th anniver- territory undetected, or traveling to rebuild the military which is in a state sary of a momentous occasion in our specific locations to launch cruise mis- of distress because of the Iraq war. Nation’s maritime history, an occasion siles. Submarines are not merely weap- We can pass a Military Construction/ that truly launched the American ons of war, they are tools of statecraft, Veterans Affairs appropriations bill to Navy into the Nuclear Age. On August providing critical intelligence to pol- maintain and upgrade military facili- 3, 1958, the USS Nautilus, the world’s icymakers and serving as a critical de- ties, build better military family hous- first nuclear powered submarine, be- terrent to promote stability through- ing, and ensure the care our veterans came the first vessel to travel under out the globe. And it is submarines’ deserve. the North Pole. The intrepid crewmen demonstrated ability to traverse the We can pass a Defense appropriations of the Nautilus received a Presidential world undetected, at any point in the bill to keep our Armed Forces prepared Unit Citation for their service, and Op- ocean, even the North Pole, that makes for combat and peacetime missions, re- eration Sunshine, as it was called, pro- the work of our silent service, our sub- lieve the strain of constant 12- and now vided a powerful boost to American mariners, so critically important to 15-month deployments, and support morale following the Soviet launch of our national security. highly classified initiatives in the fight Sputnik. Today, we mark this impor- As we look back on the first 50 years against terrorism. tant milestone with a resolution hon- of America’s nuclear submarine pro- With the Presidential election draw- oring the Nautilus’s historic feat. gram, the United States must be ready ing near, our time will be short. But The USS Nautilus’s Arctic voyage to continue the great legacy of the with new cooperation from our Repub- was a remarkable feat of American USS Nautilus, its crewmen, lican colleagues, we can do all this— naval engineering, demonstrating the shipwrights, and designers, and remain and pass several other important bipar- evolution of submarines from slow un- in the forefront of submarine develop- tisan bills already passed by the House derwater ships to warships that could ment. submerge for many weeks and travel of Representatives. f So I wish all my colleagues well in through varied depths and conditions, their August travels. I know we are all maintaining travel speeds of 20–25 COSPONSORSHIP—S. 3406 weary from the long, difficult work pe- knots. Submarines, as was proven that Mr. HATCH. Mr. President, through riod. day, would pursue unconventional an oversight of our two offices we ne- I also know the fights that await our courses to achieve incredible results, in glected to add Senator DOLE as an return won’t be easy. I hope a month this case, traveling a much shorter dis- original cosponsor to this act when we back home will give our Republican tance than was thought possible, to introduced it last night. Senator DOLE colleagues a new appreciation for how reach strategically important destina- is a leader on disability issues and America needs badly the changes they tions on the other side of the globe. should be commended for her and her have blocked. But most important, it marked a husband’s commitment to individuals Our hands remain outstretched. Our major milestone for our nuclear Navy, with disabilities. eagerness to seek common ground re- which would lead to other develop- Mr. HARKIN. Mr. President, I want mains as strong as ever. We will fight ments, such as submarines powered by to apologize to the Senator from North if we must, but we would much rather single pressurized water reactors, and Carolina for this oversight. Our legisla- dance. an aircraft carrier, USS Enterprise, tion, S. 3406, enjoys broad support I suggest the absence of a quorum. powered by eight reactor units in 1960. among advocates for individuals with The PRESIDING OFFICER (Mr. While the Nautilus’s successful voy- disabilities, and I want everyone in WHITEHOUSE). The clerk will call the age was an inspiration to all America, that community to know that Senator roll. it serves a particularly important DOLE intended to be an original co- The legislative clerk proceeded to point of pride to our submariners, as sponsor of this measure. We look for- call the roll. well as the engineers and shipbuilders ward to working closely with her and Mr. REID. Mr. President, I ask unan- of the Electric Boat Division of Gen- the rest of our colleagues to pass this imous consent that the order for the eral Dynamics, who have built our Na- measure when the Senate reconvenes quorum call be rescinded. tion’s nuclear submarines in Con- in September. The PRESIDING OFFICER. Without necticut for more than four decades. As f objection, it is so ordered. a young boy, I attended the launch of the USS Nautilus in Groton, CT; and RETIREMENT OF GENERAL f had the honor to witness my late RICHARD A. CODY MORNING BUSINESS mother christening the USS Stimson. Mr. LEAHY. I rise to commend GEN Mr. REID. Mr. President, I ask unan- My first cousin, Bill McAree, was one Richard A. Cody, the Vice Chief of imous consent that the Senate proceed of the chosen few to serve in the nu- Staff of the Army, on his retirement. to a period of morning business with clear submarine force under Admiral General Cody is one of the Nation’s fin- Senators permitted to speak therein Rickover, and for 34 years, I have had est military officers, and, with a career for up to 10 minutes each. the distinct pleasure of representing that spans over 36 years in the Army, The PRESIDING OFFICER. Without the home State of our Nation’s premier he leaves behind a stronger, more expe- objection, it is so ordered. undersea warfare facilities, including rienced, and more professional fighting f Naval Submarine Base New London. force. Vermont is proud to call General As we commemorate the 50th anni- Cody a native, and there is little doubt UNANIMOUS CONSENT versary of this important voyage, we that his time growing up in our State AGREEMENT—S. RES. 624 must also look forward to the future of capital, Montpelier, instilled in him a Mr. REID. Mr. President, I ask unan- American naval power. As nations deep sense of loyalty and public serv- imous consent that the Senate record around the world continue to enlarge ice.

VerDate Aug 31 2005 03:09 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.065 S01AUPT1 erowe on PRODPC61 with SENATE S8022 CONGRESSIONAL RECORD — SENATE August 1, 2008 From the day of his commissioning MEDICAL DEVICE SAFETY ACT sions, the fundamental inquiry into to his last formal day in the service, Mr. LEAHY. Mr. President, I am whether a Federal statute preempts General Cody made an indelible mark proud to join Senator KENNEDY and State law is the intent of Congress. I as an aviator, not just as an officer other Senators in the introduction of hope the introduction of this legisla- who could wield an Apache or this legislation. The bill that we intro- tion sends the strong signal that some Blackhawk with impressive precision duced yesterday will correct a decision Senators intend to hold the Court to and skill, but as a leader who inspired of the Supreme Court that mis- its own often-repeated pronouncements other aviators and maintainers to do construed the intent of Congress and about this important principle. their best. He competently led such cut off access to our Nation’s courts for f prestigious and capable aviation units citizens injured or killed by defective as the 160th Special Operations Regi- medical devices. THE FEDERAL AVIATION ADMINIS- ment and the 101st Airborne Division. The Senate Judiciary Committee TRATION EMPLOYEE RETENTION In the early stages of the first gulf war, held a hearing on June 11 to examine ACT he headed up one of the earliest and the way in which the Supreme Court’s Mr. INHOFE. Mr. President, I was strategically critical aerial attacks, decisions in the areas of retirement pleased to join Senator LAUTENBERG paving the way for subsequent air and benefits and consumer product safety ground forces. He amassed an impres- have consistently trended against the yesterday in introducing S. 3416, The sive 5,000 hours of flight time. rights of consumers and in favor of big Federal Aviation Administration Em- business. In many cases that have pro- ployee Retention Act. I am supporting It was that quality to inspire and to Senator LAUTENBERG in his efforts to lead through example that elevated found effects on the lives of ordinary Americans, the Court has either ig- correct what I believe is a very unfair General Cody to the higher ranks of process imposed upon employees of the the U.S. Army. His service as the Vice nored the intent of Congress, or sided with a Federal agency’s flawed inter- Federal Aviation Administration, FAA, Chief of Staff has coincided with ongo- by Congress. ing wars in Iraq and Afghanistan, and pretation of a congressional statute’s preemptive froce to disadvantage con- Essentially, S. 3416 will correct the he has helped the Army restructure collective bargaining process Congress and reequip itself for that challenging sumers. It is regrettable that an anonymous established for FAA employees in the undertaking. He has always been open FAA Reauthorization Act of 1996—Pub- about the Army’s needs, clearly in- Republican Senator objected on proce- dural grounds to the committee com- lic Law 104–264—in which we inserted forming the service’s civilian leaders, ourselves as arbitrators in labor dis- the media, and Congress about the pleting that hearing. And it is dis- appointing that the same party that putes. Under the 1996 act, if the FAA tools necessary to carry out its mis- and the union with whom they are in sions. He has been involved in some engages in so much partisan rhetoric complaining about activist judges re- negotiation can not reach an agree- vigorous debates in the Pentagon, out fuses to hear about the judicial activ- ment, then Congress has 60 days to in- of which emerged sensible approaches ism when it comes from the judges tervene and if we do not, the FAA is to activation and equipping of the Re- whose activism they embrace as sound able to impose its terms on the em- serves, including the National Guard. judicial philosophy. The impact of the ployees. Mr. President, this is not fair, He always has in mind his view—built decisions that were the focus of that it has not worked and it is time that through that experience and knowl- hearing are being felt by Americans we correct it. edge—of what is best for the Army and today, whether they are prohibited In addition to the widely published the country. He is an articulate from seeking redress in the courts for dispute between the FAA and the Na- spokesperson and fierce advocate. an injury caused by a defective prod- tional Air Traffic Controllers Associa- General Cody has always kept one uct, or left without remedies to enforce tion, NATCA, the Professional Avia- foot in Vermont where his family has rights granted by Congress relating to tion Safety Specialists, PASS, also such strong roots, particularly around nondiscrimination, or retirement and have been unable to negotiate a new Montpelier where he was born and health care benefits. contract with the FAA. Furthermore, raised. Few in the State have not pur- The bill we introduce today is an im- in my State of Oklahoma, there has chased a car at Cody Chevrolet, which portant step to correcting the Supreme been an 8-year disagreement between is owned and operated by the General’s Court’s erroneous reading of Congress’ the FAA and the FAA Academy In- family. He and his lovely wife Vicki intent in enacting the medical device structors represented by the Profes- have two proud sons, Capt. Clint Cody amendments of 1976. Where the Court sional Association of Aeronautical Cen- and Capt. Tyler Cody, both Apache pi- reaches to the extent it did in the ter Employees, PAACE. It is my under- lots in the Army. His immediate family Riegel decision to find Federal preemp- standing from PAACE that FAA has has had the chance to spend consider- tion contrary to what Congress in- basically refused to come to the bar- able time in the State, experiencing tended, Congress is compelled to act. gaining table, which has resulted in the deep patriotism that runs through This legislation will make explicit that year to year extensions of an 8-year-old the Green Mountains and the Cham- the preemption clause in the medical contract. This is not right. plain Valley. It was only fitting that device amendments that the Court re- The very reasonable procedure estab- Norwich University, the Nation’s old- lied upon does not, and never was in- lished by S. 3416 will provide both sides est military academy, recently honored tended to preempt the common law in a labor dispute with a means to re- General Cody. claims of consumers injured by a feder- solve disagreements by allowing FAA General Cody has been open about ally approved medical device. employees the same collective bar- the challenges that the Army faces. His As I noted in the Judiciary Commit- gaining protections that employees forthright manner is matched only by tee’s recent hearing, many of the covered under the National Labor Rela- the quiet energy he brings to tackling Court’s decisions that have the most tions Board currently have. The bill problems aggressively. He is the model far reaching impact on Americans’ wal- provides the option of resolving dis- Army officer, a doer as much as a lets, retirement and health benefits, or putes through the Federal Mediation thinker, a loyalist as much as someone access to justice, are the least pub- and Conciliation Service or through speaking straight. As he retires, I licized. But Americans should be deep- mutual agreement on an alternative know there are many in the Army, offi- ly concerned when decisions of the Su- procedure. If no agreement is reached, cers and enlisted, who will continue to preme Court override the policy judg- then matters of disagreements will be strive to replicate the path that he ments made by their elected represent- presented to the Federal Services Im- blazed with such dynamic energy. I atives in Congress and negatively af- passes Panel for binding arbitration. know he will continue to be engaged fect their day-to-day lives in signifi- Finally, the bill would require both with the Army, and, for that—and, cant ways. The extraordinary power to sides go back to the negotiating table above all, that incredible 36 years of preempt State law and regulation lies for any ‘‘personnel management sys- service—Vermont and the whole United with Congress alone. And as the Su- tem implemented’’ by the FAA Admin- States are grateful. preme Court has said on many occa- istrator on or after July 10, 2005. In

VerDate Aug 31 2005 03:09 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.017 S01AUPT1 erowe on PRODPC61 with SENATE August 1, 2008 CONGRESSIONAL RECORD — SENATE S8023 other words, contract negotiations be- fighting the AIDS epidemic. Some had worn that pin every day since his tween FAA, NATCA and PASS are re- thought he would always oppose any friend gave it to him during that first started with a 45-day deadline. If no kind of relief. Then, Bono, who is a Senate campaign. agreement is reached, then there is an powerful advocate for the cause, made As I came to know him, I saw that additional 90 days for binding arbitra- an appointment to see Jesse Helms so Jesse and I shared a great fondness and tion. he could share the human side of the appreciation for the youth organiza- As a pilot I am well acquainted with problem with him. tions that are recognized by the Con- the exceptional work done by the em- I guess no one had been able to put a gress. He knew that they were teaching ployees of the FAA and I know first- human face on the AIDS epidemic for our kids things they weren’t going to hand that our aviation system is only him before. However Bono was able to be getting any other way. He knew as good as these employees. They de- do it, he was able to touch Jesse’s that these groups were helping our kids serve the right to bargain in good faith heart and convince him that the need learn how to be good citizens and good on their employment contracts. This was real—and the right thing to do. In students and to stand up for the things bill will give them that opportunity. response, Jesse was big enough to they believed in. He knew that they Thank you, Senator LAUTENBERG, for admit that he had been wrong. After were helping to prepare our young peo- introducing this bill, and I hope we get Bono’s presentation, Jesse decided to ple for the challenges they would face an opportunity to debate it very soon. work on a proposal that would provide in school and later, in life. f the needed funds to fight AIDS in Afri- One organization we both worked to REMEMBERING SENATOR JESSE ca. The proposal was passed and signed support was the Boy Scouts. He was a HELMS into law, and thanks in part to his sup- strong supporter of Scouting and he port, countless lives were saved. It is stood up for them whenever they were Mr. ENZI. Mr. President, I join with no coincidence that the reauthoriza- unfairly criticized or attacked. His re- my colleagues in the Senate and the tion of this legislation that he worked sponse to each attack was to craft a House, and with the people whose lives so hard to pass was recently enacted bill that protected the promotion of he touched all across the Nation, in into law by President Bush. It is a part volunteerism, values and faith to en- saying how sorry I was to learn of the of his legacy that will continue on sure those valuable lessons would con- passing of Jesse Helms on July 4. He after him and make a difference all tinue to be taught to the Scouts. was a remarkable man, and he has left That is just one example of Jesse’s his mark on the United States that he over the world for many years to come. That is but one facet of his char- commitment to the values that meant loved so very much and the State of acter, and one we are all familiar with. so very much to him. That is why he North Carolina that he served with And, now that he has been taken from was able to get a lot of things done great pride. He will not be forgotten. over the years. His success was based Jesse Helms was an American in us, we will all take with us many more every sense of the word—one who was memories that come from our service on his strong foundation of values and firmly and staunchly dedicated to the with Jesse Helms in the Senate. beliefs that he would stand fast on and principles upon which our country was A lot of what we remember about that was enough for him to win on founded. Those principles guided him Jesse Helms and his service in the Sen- most occasions. Watching him in ac- through his life and helped him to ate would surprise those who only tion on the floor or in committee make every difficult decision that con- knew him by reputation because people taught me that conviction counts, es- fronted him in his 86 years of life. thought he was a tough guy. But when pecially when you are firm and com- Jesse Helms was an established force you met him, you quickly came to see fortable in what you believe. in the Senate by the time I arrived. As that he was a friendly person. He en- Jesse was a kind, soft spoken, effec- a freshman Senator I knew I had a lot joyed greeting the tourists he met in tive, persistent and successful indi- to learn and I was able to learn a lot the Halls and he made them all feel vidual. He paid attention to people and from him as we served together and welcome because he always had a kind they responded to him—in North Caro- worked on several issues that meant a word for everyone he met. Those who lina and across the country. Another of great deal to us both. We didn’t always worked here in the Capitol liked him his great political secrets was his un- agree, but I always found him to be a because he treated them all with kind- derstanding that a problem always ap- man of his word who said what he ness and respect. pears bigger if it is your own. That’s meant and meant what he said. You al- At the top of Jesse’s list were those why the people of his State sent him ways knew where you stood with him who work with us to help the House back to the Senate for five terms. He and when he said ‘‘Yes’’ you knew that and Senate function as it should—espe- listened to the people of North Caro- you could count on him to do what he cially the pages. I don’t think Jesse lina, he understood them, and he made said he would. Helms ever missed a chance to say their problems his own. Many of us come to Washington hop- ‘‘Thank you!’’ to the pages for their Now that the last chapter of his life ing to change Washington. Then, with service to the Congress. That was just has been written, Jesse Helms’ record the passage of time, we find that in- one of the ways that Jesse honored the speaks for itself. It reflects the fact stead of changing Washington, Wash- Senate’s traditions and respected the that he was never concerned with being ington has changed us. How we are office he was elected to hold. popular or taking positions because changed says a lot about us and our I remember a story he told me about they mirrored the results of the latest commitment to the principles and val- his first Senate race. The campaign poll. His focus was always on doing ues that motivated us to run for the was in full swing, but Jesse’s numbers what was right—because it was the Senate in the first place. didn’t look too good. Then one day he right thing to do. I think he owes his That kind of change is only natural ran into a fellow Mason who handed perspective on life to some advice his and, for many of us, the changes that him a Masonic lapel pin. ‘‘Here,’’ he father gave him that helped to shape occur help us to see other viewpoints said. ‘‘Wear this during your campaign his character and point him toward his and perspectives and make it possible and I guarantee you that you will destiny. Jesse would often share his fa- for us to work with Members on both win.’’ ther’s words with others, ‘‘The Lord sides of the aisle so we can achieve He took his friend’s advice and wore does not require you to win, but he common goals and work for the best in- the pin every day. Then, when the does require you to try.’’ terests of the United States and the votes were counted, Jesse was the Jesse never forgot what his father American people. newly elected Senator from North told him. In fact, he lived those words Like so many of us, Jesse Helms was Carolina. by putting them into practice every changed by his experience in the Sen- He told me that story while we were day. No matter the odds or how impos- ate. One of the most notable examples in the cloakroom and I was watching sible the situation was, Jesse stayed was the President’s foreign AIDS relief him put a new back on the pin that true to the life lesson his father taught package we worked on together. now showed a lot of use. I told him that him many years ago. For years Jesse was opposed to pro- I was a Mason, too. As he put the pin Now that he has been taken from us, viding any assistance to countries back on his lapel, he told me that he it will be for others to judge his place

VerDate Aug 31 2005 04:32 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.019 S01AUPT1 erowe on PRODPC61 with SENATE S8024 CONGRESSIONAL RECORD — SENATE August 1, 2008 in history and the impact his life had 2 miles from work. The lack of public trans- today will not meet our energy needs. Unfor- on the Nation. Whatever is decided, for portation has forced me to consider a dif- tunately, our country was behind in pro- me and for so many others, the record ferent alternative, and that is biking to viding the needed supply of energy when the will show that Jesse Helms didn’t al- work. I am lucky because my employer (the recent acceleration in energy costs began. I federal government, by the way) is required do believe that renewable technologies like ways win, but he never let the fear of to provide lockers and shower facilities on wind and solar can play an important role in losing keep him from fighting for a site, so I can bike in, shower, and go to work. meeting future energy needs, but I think we cause he believed in. For Jesse Helms, I have encouraged my children to join me, need to provide a plan that sees these tech- the glory came not from victory, but and they are biking with me to summer nologies mature and become less expensive from giving all he had in a noble effort camp as well. Unfortunately, this is the first through manufacturing advances. I believe in support of a worthy cause. summer I have been able to do this, because we need to develop nuclear and clean-burn- transporting my children to daycare was just ing coal as stop-gap measures to allow the f about impossible without a car before this. renewable technologies to advance to the IDAHOANS SPEAK OUT ON HIGH Yet, most other nations have alternative point where they are more cost effective. If ENERGY PRICES transportation, and a totally different day we try to move strictly to renewable energy care system, and because cycling is the norm sources, I am concerned that we will face en- Mr. CRAPO. Mr. President, in mid- it is much safer. I think the problem is deep- ergy shortages, or will further reduce con- June, I asked Idahoans to share with er than just gas or oil prices. It is our own sumer spending power by having to put our me how high energy prices are affect- selfishness that has gotten us here, because money in the more expensive renewable en- ing their lives, and they responded by we have never been forced to consider the al- ergy sources. the hundreds. The stories, numbering ternatives. GENE. over 1,000, are heartbreaking and I hope that a comprehensive approach to touching. To respect their efforts, I am this problem will be focused on, instead of This is one subject I completely agree with you on. The U.S. Congress has to act to allow submitting every e-mail sent to me just a quick financial fix for segments of the _ population. It is hurting us all. And until drilling where we know we have oil reserves. through energy [email protected]. Congress and our nation focuses on the more The stupidest statement I have ever heard gov to the CONGRESSIONAL RECORD. widespread issues, our approach to everyday from Congress, which I have recently heard This is not an issue that will be easily life won’t change. Because it is not just en- repeatedly, is that we cannot solve our en- resolved, but it is one that deserves im- ergy costs . . . it is more than that, and God ergy crisis by drilling. That is about like mediate and serious attention, and Ida- forbid Congress forgets about the other prob- saying we cannot solve a food shortage by hoans deserve to be heard. Their sto- lems, such as health care, child care, edu- planting more crops! ries not only detail their struggles to cation, affordable housing, and the lack of Last month I spent over $760 on gasoline and my wife spent several hundred [dollars] meet everyday expenses, but also have appropriate services for those that are now falling behind because wages cannot keep up. also. We do not have the option of using pub- suggestions and recommendations as to KIRSTEN. lic transportation and we need larger vehi- what Congress can do now to tackle cles on our farms. As a farmer, while cur- this problem and find solutions that As a kid, Congress said they were solving rently enjoying good prices, we are seeing a last beyond today. I ask unanimous an ‘energy-crisis,’ and by the time I could big chunk of the increased income eaten up consent to have today’s letters printed drive, cars would get 100 mpg, jet-packs in fuel costs. If crop prices were to return to in the RECORD. would be available by 1975, there would be a ‘‘normal’’ levels, it would devastate Idaho There being no objection, the mate- resort at ‘‘LunaCity’’ on the Moon by 1980, farms. Thanks for your help on this impor- rial was ordered to be printed in the Mars by 1990, and Alpha Centauri by 2000. tant issue. Today, Congress says they are ‘solving’ an KEITH, Blackfoot. RECORD, as follows: ‘energy-crisis,’ and if I just ‘believe’ in them, I am a firm believer that Americans need I will be ‘delivered’ from the valleys of shad- Honestly, I do not want to tell a story to find alternatives to foreign oil and reli- ows and death. about how I am affected by high energy ance on fossil fuels. But, instead of more do- Please note, Mr. Karzai’s diversion of prices—it is obvious. I think the last thing mestic production, I believe Americans need cross-border Pakistani Talibani ‘marauding- we need is to talk about it more. The ways to diversify in their approach, and not sim- hoards,’ and the House of Saud’s past-due to lower prices are out there and the Con- ply rely on alternative places to find oil and promises to pump more oil, while Congress gress knows it. Just get it done. Just as com- fossil fuels. Instead, the focus should be upon spins their wheels-in-wheels-in-wheels of de- munism caused us to fight with all our ingenuity, for example instead of water pro- ceptions, is not ‘solving’ anything. Use of American might at home and around the ducing electricity, why not windmills, or strategic reserves at this critical juncture is world to preserve our nation, so also must we wind energy? I grew up seeing fields of wind- probably not a wise move, although I wish view our nation’s energy as a cause worth mills on drives from Los Angeles to Palm for the Clinton days of $0.89 cent/gal diesel. pursuing with all our sweat and synapses. If Springs. Also, Boise is one of the most bicy- Your entire branch of government is com- not, our nation will lose the strength, the cle friendly cities, although you’d never pletely out of control. THAT is the solution. hope, the dream that has raised so many know it by commuting on our poor streets CLAYTON, Priest River. generations of Americans before. that have completely ineffective bicycle Please, please do not talk anymore. Do commuting lanes. Instead of oil and gasoline, I have 4 teenage boys that are big and are something. You should receive many reply encourage people to bike to work by offering growing fast. The increased energy costs emails. Several will have great ideas (wind, an expanded commuter tax credit. And, we have significantly increased the cost of al- solar, hydrogen, nuclear, oil). Pick the ideas have absolutely NO public transportation most all goods. Most noticeably, our food bill with the most promise and encourage their system. Why not focus on a systematic ex- has nearly doubled since the first of the production and then stay out of those pansion of public transportation? As for year. We are desperately looking for any geniuses’ way and watch what the American home electricity and the like, why not an ex- means to economize. people can do. panded tax credit on ‘‘going green?’’ I Although I am able to ride my bike to JOSH, Idaho Falls. learned about the energy certification for work and have taken several steps to mini- your home when my family was building our mize our fuel bills, we are feeling the crunch Too many people have this backwards. new house, but it costs almost $3,000 to get of increased petroleum costs. We have aging Most agree there is a limited amount of oil your home tested to qualify for the tax cred- parents that are in need of more of our at- we can get. We need to save our reserves and it, which is not worth it. Plus, energy effi- tention. Unfortunately, our parents are over use up the foreign oil first. Then when the cient appliances and technology generally 400 miles away, so it costs us over $180 dol- foreign oil is nearly used up we will still costs more. Why isn’t such technology more lars to make the trip to see them and to try have some to aid in the transition to other cost effective? Why are we not encouraged to to help them take care of their homes and sources or energy. Save our oil and use up do more? If green technology costs more, in properties. foreign oil first. order to encourage its use and mainstream It makes sense to me that the rising cost The last one standing with some oil wins. applications, there has to be financial en- of fuel would affect our economy. My salary CARL. couragement to install it in order to offset is not increasing, and with the cost of goods the high up-front costs. and fuel increasing, we are only able to make I am an Idaho Farmer. I have been deeply As for transportation, this summer, I can- ends meet by not buying other things. This concerned about the prices of fuel in Idaho. not afford to buy a new car, even though I trend would seem to hurt other businesses The price of fuel has affected the cost of al- am a solid middle class citizen. Food prices that are depending on people like me to be most every aspect of farming from fertilizer have skyrocketed for my family, I have to buying their goods. to chemicals, tires, etc. The list goes on and pay for daycare for the summer, and I own a I am an Electrical Engineer and I am very on. The price of labor has all gone up because 10-year-old gas guzzling SUV, which is prob- disturbed over the push to skip nuclear people cannot afford to work for less. My ably not worth much on a trade in anymore power and move solely to renewable energy. generation might be the last generation of what with the high gas prices. But I live only The wind and solar power options available farmers in Idaho. I personally have two sons

VerDate Aug 31 2005 04:32 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.022 S01AUPT1 erowe on PRODPC61 with SENATE August 1, 2008 CONGRESSIONAL RECORD — SENATE S8025 and have encouraged them to find another zens, perhaps yourself as well, is our global abled) who are on fixed incomes. Now they way to make a living because the cost of competitors, friend and foe alike, are rapidly must choose whether to fill the oil tank (pay starting up and the cost of farming are too growing and tapping into their own energy the electric bill) or to eat . . . we have gone prohibitive. There is no way that they can sources, nuclear and petroleum, and America sadly astray from the United States of make it with the price of fuels. I guess my has become weak and dependent. It is sick- America in which I grew up, and we had bet- story is that the family farm is on its way ening and dangerous. This must be reversed, ter get back to our roots of belief and our out of Idaho. The families of America hold immediately! Congress needs to remember Constitution. this nation together. If you break up the that American interests, both short and I believe in helping others and it is a fact family, the United States will break as well. long-term, must at all times be placed above that Americans are the most generous citi- I guess the only way to get Congress to do those of other countries or the so-called zens on earth, giving to others even in other anything is to wait for their stomachs to ‘‘international community.’’ There is no one nations freely on a regular basis; no nation growl. Otherwise, if you eat you are involved else on the globe looking out for us. Senator, on earth gives more. However, as a country in farming. No farms—no food! you need to do it. Thank you for your excel- we must stop sending money to other coun- LORN. lent work on behalf of your constituents. tries in the world that have problems or dis- MICHAEL, Post Falls. asters and start taking care of our own prob- First, thank you for some leadership on lems, infrastructure, and disasters. I do not this issue. I will be brief. My family and I My husband and I live in the country out- believe in socialism, but we should provide just completed an auto trip to Montana and side of Rexburg and have to drive almost ten for our elderly who provided for us. I am sick back. Fuel costs were averaging $4.05/gallon miles to get to town. My husband is a full- of seeing our government pledge billions of of regular. The costs of travel will have a time college student and works part-time. I dollars of taxpayer money to countries that significant effect on my family’s recreation also have a part-time job and it is a struggle hate us. It is wrong and foolish. . . . this year. We also have a small airplane and to fill up our gas tanks every few weeks. Gas We have got a mess on our hands. Our Con- AV gas is now $6.30 in our area meaning it prices are shooting up but our incomes are as gress and Senate need to stand up for what is now costs $63.00 per hour just in fuel costs to small as ever. right . . . and protect and defend the U.S. fly the airplane my family and I have en- My father is a farmer and has tractors, Constitution as they swore to do. Quit being joyed for years. Unfortunately at these trucks, and other machinery to fuel. He has swayed by interest groups, and money. Stand prices our boating costs have risen consider- no choice. He needs those machines to do his for what is good for our Country not what is ably. Grocery costs have risen. Freight costs work, but it is just so expensive. good for their pocketbook. We need some are going up along with the airfares for the Something needs to be done about the cost men and women with character and honor airlines. The selling price for my airplane of fuel and energy and it needs to be done . . . I hope you will be a man of character and boat if I were to sell them are going now! We need to stop relying on other coun- and honor and serve this nation as is needed. down. Many families are selling their RVs tries to fuel our cars. We need to start using May God bless and help you in this fight. because they just cannot afford to recreate more alternative fuel and energy sources. We MRS. KENNETH. like they used to. have the means but do we have the motiva- Finally I have just retired after 31 years in tion? I hope so. f my company. I have a small pension and REGENCY, Rexburg. have had to cut drastically on my antici- ADDITIONAL STATEMENTS pated lifestyle already. I had planned to You are correct regarding the adverse af- teach flying lessons as a part-time job but fect that the rising cost of fuel has on the the marketability of flight instruction may lives of all Americans including the citizens 90TH BIRTHDAY OF MAURY very well be priced out of the range of many of Idaho. ALBERTSON prospective students. We must drill for oil on American soil and I feel that the government and Congress pump from the wells we have capped, mine ∑ Mr. ALLARD. Mr. President, today I have had since 1972 to get a grip on this prob- clean coal in Utah and elsewhere, use wind honor Colorado State University pro- lem and have done nothing except band-aid for energy where it pays, create more fuel ef- fessor Maury Albertson in recognition and pass the buck. We need to get real, drill ficient engines, engineer better batteries for of his 90th birthday on August 30, 2008. whenever and wherever we need to imme- electric cars, make affordable solar power diately and reverse our current bad policy on Dr. Albertson has distinguished him- options available where possible . . . and self in countless ways throughout his nuclear energy. We cannot remain forever re- thank God for the clean source of power we lying on petroleum but we need cogent poli- extensive and renowned career. He has get from our hydro-electric dams. cies to help us get to the next best thing for We are a nation that was blessed by God been a devout champion of civic re- our energy needs. with an abundance of natural resources. sponsibility, a selfless servant to oth- We also need to put a cap on the specu- However, if we don’t develop them and use ers, and a man who has changed lives lating by the commodity traders that are what we have been provided with, and yet driving up the prices daily. And, although I worldwide through his compassion and continue to complain, we are fools. hate to say it, maybe we need to regulate a understanding of other peoples and cul- The cost of fuel is showing its effect on our few more of those items that affect us work- tures. small business in that orders are down and ing people so much on a daily basis, like util- As a young professor in 1960, Dr. Al- costs are up. It now costs double what it did ities, phone service, cable costs and fuel. two years ago to get to and from work, pur- bertson and his team of scholars and MIKE, Pocatello. chase some of our materials, and pick up students won a contract to study the option and assess the likelihood of cre- Thank you for providing this forum to ex- those materials from our suppliers. We have press my views about energy prices in our tried not to pass the rising cost of shipping ating an International Youth Corps, fine state, their impact, and solutions. I un- on to our customers as it is already high and which laid the groundwork for the cre- equivocally believe that our present asset- keeps some people from purchasing our prod- ation of the Peace Corps. He later went depleting condition is a direct result of 30- uct. Therefore, we take a cut in our normal on to coauthor ‘‘New Frontiers for plus years of disastrous, foolhardy legisla- profit and that means less money in our American Youth’’ that put forth the tion from Congress that has made it impos- pockets to spend on other products and serv- ices that we would like to have and use lo- basic design for the Peace Corps. sible for America’s brilliant innovators to Throughout his many years as a con- make us energy independent. Yes, the price cally. of gas is leading my family to really think I work in town and there is absolutely no sultant for the World Bank, the United about every trip in the car, but I do not want public transportation available in this area. Nations Development Program, the a band-aid government solution to replace It is a small town in the mountains of Idaho Agency for International Development, the free market. The following is what I be- and I drive seven miles each way to work and others, Dr. Albertson organized lieve is critical to our national security, as every day. Many workers must drive ten to and advanced innovative projects in- well as comfort at the pump: twenty miles each way and it is eating into their family budgets. Now the price of fuel is volving sanitation, water resource de- (1) Deregulate and allow drilling in all its velopment, village development, small forms everywhere, right now! Admit to dec- taking its toll on food costs. Prices are get- ades of failed, self-destructive policy and ting ridiculously high and I cannot imagine industry development, and research move on. trying to feed a family these days. I believe and education. (2) Encourage, through generous incen- in less government. But there is something A true believer in the philosophy of tives, the building of refineries everywhere, wrong with these high fuel costs; they are local empowerment, Dr. Albertson right now! unjustified and the government does need to founded and currently serves as presi- (3) Remove all legislative obstacles to the get to the bottom of it and put a stop to it dent of Village Earth, an international now. building of nuclear plants and encourage, organization that has trained villages through generous incentives, their construc- The last thing that should be done is to put tion everywhere, right now! a higher tax on our fuel and energy costs. and NGOs in 15 countries in the meth- Senator, what is frightening and of tre- The people who suffer the most from this ods of sustainable village development. mendous concern for myself and many citi- problem are our elderly population (and dis- Remarkably, in 1993, Dr. Albertson

VerDate Aug 31 2005 04:32 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.012 S01AUPT1 erowe on PRODPC61 with SENATE S8026 CONGRESSIONAL RECORD — SENATE August 1, 2008 convened an international conference read about the brave men and women cers climbed up on the wings of their on sustainable village development, at- who fought that day. Today, I rise to aircraft and told them to disperse their tended by over 350 people from 34 coun- pay special tribute to one of those men, aircraft and do not go up again. Luck- tries. It was an extraordinary success. Kenneth M. Taylor a retired U.S. Air ily, as Lieutenant Taylor explained In May, 2006, Colorado State Univer- Force brigadier general, a fighter pilot, later, a second wave of Japanese air- sity awarded Dr. Albertson an hon- war hero, and, of course, a Sooner. craft flew over and ‘‘the brass’’ ran for orary Doctor of Humane Letters in rec- Seventy years ago, Ken Taylor grad- safety. With fuel and ammo, Taylor ognition of his exceptional contribu- uated from high school in Hominy, OK, and Welsh took to the air again tions to industry and developing na- and entered the University of Okla- straight into the wave of Japanese air- homa, as a pre-law student. Like many tions. This was a well-deserved hon- craft attacking Wheeler Field. orary degree for Dr. Albertson. college students in 1938, he was enjoy- Mr. President, I am proud the Senate ing life with his fraternity brothers but As Taylor headed for a group of Japa- has recognized the many accomplish- could not avoid thinking about what nese aircraft, he found himself in the ments of Dr. Maury Albertson, a distin- was happening in Europe, the South middle of a line of Japanese planes. A guished professor and true humani- Pacific and Asia. He believed America bullet from a plane behind him came tarian.∑ would be going to war in the next year through his canopy about an inch from f or two and wanted his first choice his head, hit the trim tab, went though should his country go to war. He joined his left arm and exploded. One piece of HONORING MOUNTAIN HOME AIR the Army Air Corps in 1940 and grad- shrapnel went through his left arm and FORCE BASE uated from the U.S. Army Air Corps another piece went into his leg, ruining ∑ Mr. CRAPO. Mr. President, I am Training Center at Brooks Field near his tux pants. Taylor reflected on the pleased to recognize the outstanding San Antonio, TX, on April 25, 1941. Sec- injuries in a 2001 interview, saying ‘‘It accomplishments of the 366th Fighter ond Lieutenant Taylor requested to fly was of no consequence; it just scared Wing at Mountain Home Air Force fighters and, in June 1941, he was as- the hell out of me for a minute.’’ A few Base in my home State of Idaho. The signed to the 47th Pursuit Squadron at years after the interview, he received Gunfighters at Mountain Home earned Wheeler Army Airfield in Honolulu, HI. two slugs from his crew chief that had the Air Force Meritorious Unit Award After arriving at Wheeler Field, been found behind his seat. Welch saw Lieutenant Taylor met another pilot, for the 17-month period from January Taylor’s predicament and shot down 1, 2007, to May 31, 2008. The award is George Welch, from Wilmington, DE, the plane on his friend’s tail, likely presented to active duty, Reserve and and they became close friends. Taylor saving his life. Both pilots continued Guard units for exceptionally meri- and Welch were both assigned to fly their aerial combat until they had torious conduct in several areas, in- the Curtiss P–40B Warhawk, a single- cluding outstanding services for at engine, single-seat, fighter and ground chased the Japanese planes off the least three months during military op- attack aircraft. On the ground, they north shore and again were out of am- erations against an armed enemy, out- were seen as goof-offs and a nuisance to munition. standing devotion to duty and superior West Pointers. However, the com- Fourteen different American pilots performance of exceptionally difficult mander of the 47th Pursuit Squadron, were able to take off during the sur- tasks setting them apart from other Captain Gordon Austin, said he imme- prise attack on Pearl Harbor and re- units with similar missions. This diately recognized their extraordinary corded 10 Japanese aircraft kills. Lieu- award was established following Sep- skills as pilots and made them flight tenant Taylor was credited with two tember 11. leads. kills and two probables. On December According to the 366th Fighter Wing About 3 a.m. on December 7, Taylor 13, 1941, the U.S. War Department Commander, COL James S. Browne, and Welch were just returning from named Lieutenants Taylor and Welsh the Gunfighters earned this prestigious their Saturday evening on the town. as the official first two heroes of World honor for exceptional conduct in direct Just before 8 a.m., Taylor was awak- War II and both were awarded the Dis- support of combat operations in Iraq ened by low-flying planes and explo- tinguished Flying Cross on January 8. sions. He jumped out of bed, quickly and Afghanistan, which include the When asked about his actions that day, put on his tuxedo pants from the night historical deployment of Mountain Taylor reflected, ‘‘I wasn’t in the least Home AFB’s F–15E Strike Eagles to before, and ran into the street to see bit terrified, and let me tell you why: I Bagram Airfield, Afghanistan, as well Japanese planes firing and dropping was too young and too stupid to realize as its direct support of 600 close air bombs on the base. He called Haleiwa that I was in a lot of danger.’’ Lieuten- support missions over the Iraq. I offer Auxiliary air field where 18 P–40B ant Taylor went on to a record total of my congratulations to all members of fighters were located and, without or- the 366th, and commend them on a job ders, he told the ground crews to get six career kills, designating him as a that continues to be extremely well two P–40 fighters armed and ready for flying ace. done. Idaho is very proud of her Air takeoff. Enroute to Haleiwa, Taylor Ken Taylor served for 27 years of ac- Force personnel, and remains honored and Welsh were strafed by Japanese tive duty before joining the Alaska Air to be the host of these men and women aircraft as they made their 10 mile trek National Guard in 1967. He has com- who make Idaho home during their to Haleiwa in Taylor’s new Buick. At manded at all levels, retiring as a brig- military service. The Gunfighters’ out- the airstrip, they climbed into their adier general in 1971. His Pearl Harbor standing accomplishments in earning Curtiss P–40B Warhawk fighters and experience was portrayed in the 1970 this reward reflect well on them, their headed towards Barber’s Point at the film ‘‘Tora! Tora! Tora!’’ and the 2001 units, their families and their adopted southwest tip of Oahu. Unfortunately, film ‘‘Pearl Harbor.’’ Ken passed away state. This award demonstrates, yet the aircraft only had .30-caliber gun- on 25 November 2006 just a few days shy again, the outstanding commitment nery practice ammo. of his 65th birthday. He is buried at Ar- that our Mountain Home Air Force Initially, Taylor and Welsh saw an lington National Cemetery. Base airmen have to their mission, unarmed group of American B–17 Fly- their excellence in support and execu- ing Fortress bombers who were arriv- I am honored to be able to present tion of the strategic goals of our mili- ing from the mainland but then spotted this small tribute to an American hero tary mission overseas and their unwav- twelve Japanese torpedo dive bombers whose leadership and bravery ensured ering defense of our Nation.∑ near Ewa Mooring Mast Field, a Ma- our Nation and its people remain free and strong. We must never forget the f rine base near Pearl Harbor. Lieuten- ant Taylor shot down two dive bombers sacrifices of those who have gone be- TRIBUTE TO RETIRED BRIGADIER and was able to damage another before fore us as well as those who are sacri- GENERAL KENNETH M. TAYLOR running out of ammunition and re- ficing today. I offer my sincere thanks ∑ Mr. INHOFE. Mr. President, all of us turned with Welsh to Wheeler Field to and appreciation to Ken Taylor and his know what happened at Pearl Harbor rearm with .50-caliber bullets. On the family for his service to our great Na- on December 7, 1941. We have seen and ground at Wheeler, several senior offi- tion.∑

VerDate Aug 31 2005 03:09 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.023 S01AUPT1 erowe on PRODPC61 with SENATE August 1, 2008 CONGRESSIONAL RECORD — SENATE S8027 CONGRATULATING THE CITY OF years of service with the United Way tion and former Prime Minister of the PLYMOUTH, MINNESOTA and was considered a leader in the com- United Kingdom John Major made the ∑ Ms. KLOBUCHAR. Mr. President, I munity of Lake Charles, particularly following introductory remarks, which wish to congratulate the city of Plym- in the wake of Hurricanes Katrina and I would like to share with my col- outh, MN, for being named the ‘‘Best Rita. As you know, United Way is a leagues. I ask to have the remarks City in America’’ by the staff and writ- nonprofit organization dedicated to printed in the RECORD. nurturing the future generations and ers of Money Magazine. The material follows. youth of the United States. Tom Mor- Because of this recognition, the ‘‘Ditchley is one of the hidden gems of the ris was a man who represented the con- Transatlantic relationship. country now knows what the residents victions of this Nation’s youth, by It doesn’t feature in Presidential speeches of Plymouth, MN, have already known: bringing together communities and or- or Prime Ministerial briefing. Mercifully, it that Plymouth is an exceptional place ganizations in order to solve today’s di- is not a plaything of the media: but its role to live and grow, rich in culture and lemmas. Louisiana is still in the wake as a clearing house for ideas; a forum for de- bate and discussion; and a magnet for policy- character. of the hurricanes, and his dedicated as- The median household costs of single makers gives it a unique status. It is the in- sistance to victims, as well as the gen- tellectual expression of ‘soft power’ and a family homes in Plymouth allow fami- eral community, will be sorely missed. lies to responsibly purchase homes that tribute to the pre-eminence of reason and ra- His efforts to inspire young volunteers tional debate. are appropriate to their needs. When and assist in hurricane recovery are Of course—you all know that: it is why you looking for educational or entertain- still considered vital to the reconstruc- are here. All of you know Ditchley, are com- ment opportunities though, residents tion of local communities in Louisiana. mitted to Ditchley, care about its future and of Plymouth have access to a wide To his family and his wife Denise, I ex- have contributed generously to ensure it. array of events at the Hilde Perform- For that—I thank you most warmly; it is a tend my condolences and my prayers. delight to see you all here this evening. My ance Center and other entertainment Tom Morris’s efforts are truly inspira- venues, as well as 40 public parks, 100 only regret is that many others—who also tional and will always be remembered, care for Ditchley and have been enormously miles of trails, and half a dozen large not only by the men and women of generous to it—could not be here to join us. lakes to swim, fish, and run around. southwest Louisiana but by also by the In their absence, I thank them, too, for all With over 104 libraries within 15 miles, Nation as a whole.∑ their support. it is no surprise that the Plymouth On Ditchley’s 50th Anniversary, I think it f public school system is ranked among worthwhile to look at its role. the top three districts in a State re- ANIVERSARY OF THE DITCHLEY My father was half-American. Brought up nowned for education leadership. There FOUNDATION in the United States he drilled into me as a ∑ boy the importance of the Transatlantic re- are also 27 colleges, universities, and Mr. LUGAR. Mr. President, I am lationship. His affection for it was emo- professional schools within a few miles pleased to have the opportunity to pay tional—but the economic, political and mili- of the city, exemplifying why 83 per- tribute to the work of the Ditchley tary case is even stronger. And yet we can- cent of Plymouth’s citizens attended Foundation on the occasion of the 50th not take this for granted; it is not nec- college. anniversary of its founding. essarily a fixed star in the firmament. Geog- Plymouth is not only the best city in Since the foundation’s inception in raphy hugs Britain to her neighbors in Eu- America because of its proximity to 1958, several of my colleagues, on both rope, and so does trade. sides of the aisle and in both Chambers Trade and real politik turn American eyes arts, education, and the outdoors, it is to the East: there is no room for compla- also home to a healthy and thriving of the Congress, have taken part in the cency. The most successful alliance in his- economy and active local government. conferences held at Ditchley Park. tory is not immutable. It needs cherishing to The 50,000 jobs created in the city of This beautiful 18th century country keep it in good order. Plymouth aids in independent business house a few miles outside of Oxford, Ditchley plays a role in this. And why is development, low crime rates, and al- England, was used as a weekend retreat that? It is, of course, because thoughtful lows for greater access to heath care by Prime Minister Winston Churchill minds—lifting debate from the ephemeral to options, so critical to Plymouth’s low and Averill Harriman, then U.S. Am- the eternal—see the importance (and the bassador to Great Britain, during the self-interest if you like) of nurturing Trans- rates of diabetes and hypertension. atlantic ties. Plymouth’s local government recently frequent bombings of London during But there is a further reason why Ditchley led an effort to have a ‘‘green roof’’ and World War II. Today, Ditchley Park is plays a role—a more prosaic reason. It is be- rain gardens installed when City Hall home to around a dozen conferences cause one man saw the importance of the was expanded, thereby reducing green- each year on topics of relevance to subject and had the vision to establish house gases and mitigating the impact transatlantic relations and inter- Ditchley in order to do something about it. of pollution through water runoff. national policy concerns in general. That man was David Wills. Today, we re- This series includes a keynote annual member and honour his vision, his commit- Acknowledging this city’s many suc- ment and his generosity. He saw the need— cesses, today I encourage other com- address given by a distinguished lec- turer every summer. forgive the unintended pun—and he willed munities to follow the lead of Plym- the means. David Wills is the Father of outh, MN, and encourage business lead- This year’s lecture gathering was es- Ditchley and the effect of his invisible hand ership, civic investment, and commu- pecially noteworthy during this anni- is evident in the continuing and instinctive nity cohesiveness through its com- versary year. Individuals from a num- relationship of trust that we take for grant- merce, government, schools, entertain- ber of fields and countries attended, in- ed across the Atlantic. He chose wisely, too, in entrusting his leg- ment, and health care initiatives.∑ cluding our former colleague in the House of Representatives, now presi- acy to Lady Wills and Catherine Wills. No f dent emeritus of New York University, one could have cared for Ditchley more, and their generosity has always been out- TRIBUTE TO TOM J. MORRIS Dr. John Brademas. Dr. Brademas is himself a trustee of the Ditchley Foun- standing. I don’t simply mean generosity in material terms—though certainly that, for ∑ Ms. LANDRIEU. Mr. President, I dation and was for several years chair- would like to take a few minutes to re- the Wills family were by far the largest con- man of the American Ditchley Founda- tributors to our recent fundraising cam- flect upon the memory of Tom J. Mor- tion. paign—but also their personal commitment ris, a true hero to the men and women The current chairman is Rita E. in time and involvement. They are the living of Louisiana. Tom died while traveling Hauser, president of the Hauser Foun- embodiment of Ditchley. I believe they can on vacation with his wife Denise in dation and a former member of the be satisfied that their actions have helped Boston last Friday morning. As an in- President’s Foreign Intelligence Advi- bind the ties that keep us safe and pros- dividual who shares his commitment to sory Board. Further, the executive di- perous. civil service and the State of Lou- rector of American Ditchley is John J. Following Sir John’s remarks, the isiana, I wanted to honor his truly in- O’Conner, vice chancellor and sec- annual lecture was delivered by an spiring career. For the last 19 years, retary of the State University of New eminent British scholar and scientist, Tom was the CEO for the United Way York. Professor Martin Rees, a member of of Southwest Louisiana, Inc., in Lake At the annual lecture on July 11, the House of Lords. President of the Charles. In sum, he had a combined 30 2008, chairman of the Ditchley Founda- Royal Society, Lord Rees of Ludlow is

VerDate Aug 31 2005 05:33 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.018 S01AUPT1 erowe on PRODPC61 with SENATE S8028 CONGRESSIONAL RECORD — SENATE August 1, 2008

also Master of Trinity College, Cam- provide missiles to carry nuclear weapons. doubt that CO2 is a greenhouse gas, and that bridge University, and Astronomer And those weapons were themselves the out- the higher its concentration rises, the great- Royal. The address by Lord Rees, in come of a huge enterprise, the Manhattan er the warming—and, more important still, full, was as follows: project, that was even more intense and fo- the greater the chance of triggering some- cused than the Apollo programme. thing grave and irreversible: rising sea levels Last year, Brent Scowcroft stood at this Soon after World War II, some physicists due to the melting of Greenland’s icecap; podium as Ditchley Lecturer. It’s daunting who had been involved in the Manhattan runaway greenhouse warming due to release to follow him. I’ll take as my text his con- project founded a journal called the Bulletin of methane in the tundra, and so forth. cluding words: of Atomic Scientists, aimed at promoting There is a substantial uncertainty in just ‘‘If we behave wisely, prudently and in arms control. The ‘logo’ on the Bulletin’s how sensitive the temperature is to the CO2 close strategic cooperation with each other, cover is a clock, the closeness of whose level. The climate models can, however, as- the 21st century could be the best yet in the hands to midnight indicates the Editorial sess the likelihood of a range of temperature rather dismal history of mankind.’’ Board’s judgement on how precarious the rises. It is the ‘high-end tail’ of the prob- This is the 50th anniversary of the world situation is. Every year or two, the ability distribution that should worry us Ditchley Foundation, and I’ve been asked to minute hand is shifted, either forwards or most—the small probability of a really dras- offer a scientist’s perspective on the next backwards. tic climatic shift. Climate scientists now fifty years. As an astronomer, I often get It was closest to midnight at the time of aim to refine their calculations, and to ad- mistakenly described as an astrologer—but I the Cuban Missile Crisis. Robert MacNamara dress questions like: Where will the flood cast no horoscopes and have no crystal ball. spoke frankly about that episode in his con- risks be concentrated? What parts of Africa My message will be that the Promethean fessional movie ‘Fog of War’. He said that will suffer severest drought? Where will the power of science offers greater opportunities ‘‘We came within a hairbreadth of nuclear worst hurricanes strike? than ever before—for the developing and the war without realising it. It’s no credit to us The ‘headline figures’ that the climate developed world. We can indeed be opti- that we escaped—Khrushchev and Kennedy modellers quote—2, 3 or 5 degrees rise in the mistic: we can surely expect huge economic were lucky as well as wise’’. Indeed on sev- mean global temperature—might seem too and social advances, especially in Asia. But eral occasions during the Cold War the su- small to fuss about. But two comments there will be new challenges and perpowers could have stumbled towards ar- should put them into perspective. vulnerabilities to contend with. mageddon. First, even in the depth of the last ice age THE LAST 50 YEARS When the Cold War ended, the Bulletin’s the mean temperature was lower by just 5 degrees. Second, the prediction isn’t a uni- Fifty years ago no-one here could con- clock was put back to 17 minutes to mid- form warming: the land warms more than fidently have predicted the geopolitical land- night. There is now far less risk of tens of the sea, and high latitudes more than low. scape of today. And scientific forecasting is thousands of H-bombs devastating our Quoting a single figure glosses over shifts in just as hazardous. Three of today’s most re- civilisation. Indeed one clear reason for shar- global weather patterns that will be more markable technologies had their gestation in ing Brent Scowcroft’s optimism is that the drastic in some regions than in others, and the 1950s. But nobody could then have greatest peril to confront the world from the could involve relatively sudden ‘flips’ rather guessed how pervasively they would shape 1950s to the 1980s—massive nuclear annihila- than steady changes. our lives today. tion—has diminished. But the clock has been creeping forward Nations can adapt to some of the adverse It was in 1958 that Jack Kilby of Texas In- effects of warming. But the most vulnerable struments and Robert Noyce of Fairchild again. There is increasing concern about nu- clear proliferation, and about nuclear weap- people—in, for instance, Africa or in Ban- Semiconductors built the first integrated gladesh—are the least able to adapt. circuit—the precursor of today’s ubiquitous ons being deployed in a localised conflict. And Al Qaida-style terrorists might some The science of climate change is intricate. silicon chips, each containing literally bil- But it’s a doddle compared to the economics lions of microscopic circuit elements. This day acquire a nuclear weapon. If they did, they would willingly detonate it in a city, and politics. Global warming poses a unique was perhaps the most transformative single political challenge for two reasons. First, the invention of the past century. killing tens of thousands along with them- effect is non-localised: the CO2 emissions A second technology with huge potential selves, and millions would acclaim them as heroes. from this country have no more effect here began in Cambridge in the 1950s, when Wat- than they do in Australia, and vice versa. son and Crick discovered the bedrock mecha- And the threat of a global nuclear catas- trophe could be merely in temporary abey- That means that any credible regime where- nism of heredity—the famous double helix. by the ‘polluter pays’ has to be broadly This discovery launched the science of mo- ance. I’m diffident about even mentioning such matters to an audience where there’s so international. lecular biology, opening exciting prospects Second, there are long time-lags—it takes in genomics and synthetic biology. much experience and expertise. But during this century, geopolitical realignments could decades for the oceans to adjust to a new And it’s just over 50 years since the launch equilibrium, and centuries for ice-sheets to of Sputnik. This event started the ‘space be as drastic as those during the last cen- tury, and could lead to a nuclear standoff be- melt completely. So the main downsides of race’, and led President Kennedy to inaugu- global warming lie a century or more in the rate the programme to land men on the tween new superpowers that might be han- dled less well—or less luckily—than the Cuba future. Concepts of intergenerational justice Moon. Kennedy’s prime motive was of course then come into play: How should we rate the superpower rivalry—cynics could deride it as crisis was. The nuclear age inaugurated an era when rights and interests of future generations a stunt. But it was an extraordinary tech- compared to our own? What discount rate nical triumph—especially as NASA’s total humans could threaten the entire Earth’s fu- ture—what some have called the should we apply? computing power was far less than in a sin- In his influential 2006 report for the UK ‘anthropocene’ era. We’ll never be com- gle mobile phone today. And it had an inspi- government, Nicholas Stern argued that eq- pletely rid of the nuclear threat. But the 21st rational aspect too: it offered a new perspec- uity to future generations renders a ‘com- century confronts us with new perils as tive on our planet. Distant images of Earth— mercial’ discount rate quite inappropriate. grave as the bomb. They may not threaten a its delicate biosphere of clouds, land and Largely on that basis he argues that we sudden world-wide catastrophe—the dooms- oceans contrasting with the sterile moon- should commit substantial resources now, to day clock is not such a good metaphor—but scape where the astronauts left their foot- pre-empt much greater costs in future dec- they are, in aggregate, worrying and chal- prints—have, ever since the 1960s, been ades. lenging. iconic for environmentalists. There are of course precedents for long- I want briefly to address some of these Most of us here are old enough to recall term altruism. Indeed, in discussing the safe themes, and then, near the end of my lec- the Apollo programme. But it’s nearly 40 disposal of nuclear waste, experts talk with ture, to comment on the role of science and years since Neil Armstrong’s ‘first small a straight face about what might happen scientists in the policy arena. step’. To young people today, however, this more than 10,000 years from now, thereby im- is ancient history: they know that the Amer- ENERGY AND CLIMATE plicitly applying a zero discount rate. To icans went to the Moon, just as they know High on the global agenda are energy sup- concern ourselves with such a remote ‘post- the Egyptians built pyramids, but the mo- ply and energy security. These are crucial human’ era might seem bizarre. But all of us tives for these two enterprises may seem for economic and political stability, and can surely empathise at least a century equally baffling. linked of course to the grave issue of long- ahead. Especially in Europe, we’re mindful of There was no real follow-on after Apollo: term climate change. the heritage we owe to centuries past; his- there is no practical or scientific motive ade- Human actions—mainly the burning of fos- tory will judge us harshly if we discount too quate to justify the huge expense of NASA- sil fuels—have already raised the carbon di- heavily what might happen when our grand- style manned spaceflight, and it has lost its oxide concentration higher than it’s ever children grow old. glamour. But unmanned space technology been in the last half million years. Moreover, To ensure a better-than-evens chance of has flourished, giving us GPS, global com- according to ‘business as usual’ scenarios, it avoiding a potentially dangerous ‘tipping munications, environmental monitoring and will reach twice the pre-industrial level by point’; global CO2 emissions must, by 2050, be other everyday benefits, as well as an im- 2050, and three times that level later in the brought down to half the 1990 level. This is mense scientific yield. But of course there is century. This much is entirely the target espoused by the G8. It corresponds a dark side. Its initial motivation was to uncontroversial. Nor is there significant to two tons of CO2 per year from

VerDate Aug 31 2005 05:33 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.038 S01AUPT1 erowe on PRODPC61 with SENATE August 1, 2008 CONGRESSIONAL RECORD — SENATE S8029 each person on the planet. For comparison, rangement that has been proposed by Over 200 years ago, Thomas Malthus fa- the current European figure is about 10, and Mohamed el Baradei at the IAEA . mously argued that populations would rise the Chinese level is already 4. To achieve NATURAL RESOURCES AND POPULATION until limited by food shortages. His gloomy this target without stifling economic prognosis has been forestalled by advancing Energy security and climate change are growth—to turn around the curve of CO technology, the green revolution and so 2 the prime ‘threats without enemies’ that emissions well before 2050—is a huge chal- forth, but he could be tragically vindicated confront us. But there are others. High lenge. The debates last week in Japan indi- in Africa. Continuing population growth among these is the threat to biological diver- cated the problems—especially how to bring makes it harder to break out of the poverty sity caused by rapid changes in land use and India and China into the frame. The great trap—Africa not only needs more food, but a deforestation. There have been 5 great emerging economies have not caused the million more teachers annually, just to keep extinctions in the geological past; human ac- present problem, but if they develop in as standards level. And just as today’s popu- tions are causing a 6th. The extinction rate carbon-intensive a way as ours did, they lation couldn’t be fed by yesterday’s agri- is 1000 times higher than normal, and in- could swamp and negate any measures taken culture, a second green revolution may be creasing. We are destroying the book of life by the G8 alone. needed to feed tomorrow’s population. Realistically, however, there is no chance before we have read it. But the rich world has the resources, if the of reaching this target, nor of achieving real Biodiversity—manifested in forests, coral will is there, to enhance the life-chances of energy security, without drastically new reefs, marine blue waters and all Earth’s the world’s billion poorest people—relieving technologies. Though I’m confident that other ecosystems—is often proclaimed as a the most extreme poverty, providing clean these will have emerged by the second half of crucial component of human wellbeing and water, primary education and other basics. the century, the worry is that this may not economic growth. It manifestly is: we’re This is a precondition of achieving in Africa be soon enough. clearly harmed if fish stocks dwindle to ex- the demographic tradition that has occurred Efforts to develop a whole raft of tech- tinction; there are plants whose gene pool elsewhere. The overseas aid from most coun- niques for economising on energy, storing it might be useful to us. And massive destruc- tries, including the U.S., is far below the and generating it by ‘clean’ or low-carbon tion of the rain forests would accelerate UN’s target of 0.7 percent of GNP. It would methods, deserve a priority and commitment global warming. But for environmentalists surely be shameful, as well as against even from governments akin to that accorded to these ‘instrumental’—and anthropocentric— our narrow self-interests, if the Millennium the Manhattan project or the Apollo moon arguments aren’t the only compelling ones. Goals set for 2015 were not met. landing. Current R and D is far less than the For them, preserving the richness of our bio- (To inject a pessimistic note in paren- scale and urgency demands. To speed things sphere has value in its own right, over and thesis, the meagre underfunding of overseas up, we need a ‘shotgun approach’—trying all above what it means to us humans. aid, even in a context where the humani- the options. And we can afford it: the stakes Population growth, of course, aggravates tarian imperative seems so clear, augurs are colossal. The world spends around 7 tril- all pressures on energy and environment. badly for the actual implementation of the lion dollars per year on energy and its infra- Fifty years ago the world population was measures needed to meet the 2050 carbon structure. The U.S. imports 500 billion dol- below 3 billion. It has more than doubled emission targets—generally quoted as lars worth of oil each year. since then, to 6.6 billion. The percentage around 1 percent of GNP—where the payoff is I can’t think of anything that could do growth-rate has slowed, but the global figure less immediately apparent.) more to attract the brightest and best into is projected to reach 8 or even 9 billion by SOME NEW VULNERABILITIES 2050. The excess will almost all be in the de- science than a strongly proclaimed commit- Infectious diseases are mainly associated veloping world. ment—led by the U.S. and Europe—to pro- with developing countries—but in our inter- There is, incidentally, a global trend from vide clean and sustainable energy for the de- connected world we are now all more vulner- rural towards urban living. More than half veloping and the developed world. able. The spread of epidemics is aggravated the world’s population is now urban—and Even optimists about prospects in solar en- by rapid air travel, plus the huge concentra- megacities are growing explosively. ergy, advanced biofuels, fusion and other re- tions in megacities with fragile infrastruc- There is an extensive literature on the newables have to acknowledge that it will be tures. at least 40 years before they can fully ‘take ‘carrying capacity’ of our planet—on how Whether or not a pandemic gets global grip over’. Coal, oil and gas seem set to dominate many people it can sustain without irrevers- may hinge on the efficiency of worldwide the world’s every-growing energy needs for ible degradation. The answer of course de- monitoring—how quickly a Vietnamese or at least that long. Last year the Chinese pends on lifestyle. The world could not sus- Sudanese poultry farmer can diagnose or re- built 100 coal-fired power stations. Coal de- tain its present population if everyone lived port any strange sickness. posits representing a million years’ accumu- like present-day Americans or Europeans. On In our everyday lives, we have a confused lation of primeval forest are now being burnt the other hand, the pressures would plainly attitude to risk. We fret about tiny risks: in a single year. be eased if people travelled little and carcinogens in food, a one-in-a-million Coal is the most ‘inefficient’ fossil fuel in interacted via super-internet and virtual re- chance of being killed in train crashes, and terms of energy generated per unit of carbon ality. And, incidentally, if they were all so forth. But we’re in denial about others released. Annual CO2 emissions are rising vegetarians: it takes 13 pounds of corn to that should loom much larger. If we apply to year by year. Unless this rising curve can be make one pound of beef. pandemics the same prudent analysis that turned around sooner, the atmospheric con- If population growth continues even be- leads us to buy insurance—multiplying prob- centration will irrevocably reach a threat- yond 2050, one can’t be other than exceed- ability by consequences—we’d surely con- ening level. ingly gloomy about the prospects. However, clude that measures to alleviate this kind of So an immediate priority has to be a co- there could be a turnaround. There are now extreme event need higher priority. A global ordinated international effort to develop car- more than 60 countries in which fertility is pandemic could kill tens of millions and cost bon capture and storage—CCS. Carbon from below replacement level—it’s far below in, many trillions of dollars. power stations must be captured before it es- for instance, Italy and Singapore. In Iran the This thought leads me to new capes in the atmosphere; and then piped to fertility rate has fallen from 6.5 in 1980 to 2.1 vulnerabilities of a different kind: some geological formation where it can be today. We all know the social trends that vulnerabilities stemming from the misuse of stored without leaking out. It’s crucial to lead to this demographic transition—declin- powerful technologies—either through error agree a timetable, and a coordinated plan for ing infant mortality, availability of contra- or by design. Biotechnology, for instance, the construction of CCS demonstration ceptive advice, women’s education, and so holds huge promise for health care, for en- plants to explore all variants of the tech- forth. hanced food production, even for energy. But nology. To jump-start such a programme If the transition quickly extended to all there is a downside. would need up to 10 billion dollars a year of countries, then the global population could Here’s a quote from the American National public funding worldwide (preferably as part start a gradual decline after 2050—a develop- Academy of Sciences: ‘‘Just a few individ- of public-private partnerships). But this is a ment that would surely be benign. uals with specialized skills . . . could inex- small price to pay for bringing forward, by There is, incidentally, one ‘wild card’ in all pensively and easily produce a panoply of le- five years or more, the time when CCS can these long-term forecasts. This is the possi- thal biological weapons.... The deci- be widely adopted and the graph of CO2 emis- bility that the average lifespan in advanced phering of the human genome sequence and sions turned around. countries may be extended drastically by the complete elucidation of numerous patho- What is the role of nuclear power in all some biomedical breakthrough. gen genomes . . . allow science to be misused this? The concerns are well known—it is an The prognosis is especially bleak in Africa, to create new agents of mass destruction’.’’ issue where expert and lay opinions are where there could be a billion more people in Not even an organized network would be equally divided. I’m myself in favour of the 2050 than there are today. It’s worth quoting required: just a fanatic, or a weirdo with the UK and the U.S. having at least a replace- some numbers here. A hundred years ago, mindset of those who now design computer ment generation of power stations—and of R the population of Ethiopia was 5 million. It viruses—the mindset of an arsonist. The and D into new kinds of reactors. But the is now 75 million (of whom 8 million need techniques and expertise for bio or cyber at- non-proliferation regime is fragile, and be- permanent food aid) and will almost double tacks will be accessible to millions. fore being relaxed about a world-wide pro- by 2050. Quite apart from the problem of pro- We’re kidding ourselves if we think that gramme of nuclear power, one would surely viding services, there is consequent pressure technical expertise is always allied with bal- require the kind of fuel bank and leasing ar- on the water resources of the Nile basin. anced rationality: it can be combined with

VerDate Aug 31 2005 05:33 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.040 S01AUPT1 erowe on PRODPC61 with SENATE S8030 CONGRESSIONAL RECORD — SENATE August 1, 2008 fanaticism—not just the traditional fun- interconnected world, there are new risks whatever—are never solely ‘scientific’: stra- damentalism that we’re so mindful of today, whose consequences could be so widespread tegic, economic, social, and ethical ramifica- but new age irrationalities. I’m thinking of that even a tiny probability is unacceptable. tions enter as well. And here scientists have cults such as the Raelians: and of extreme There will surely be a widening gulf be- no special credentials. Choices on how eco-freaks, animal rights campaigners and tween what science enables us to do, and science is applied shouldn’t be made just by the like. The global village will have its vil- what applications it’s prudent or ethical ac- scientists. That’s why everyone needs a ‘feel’ lage idiots. tually to pursue—more doors that science for science and a realistic attitude to risk— In a future era of vast individual empower- could open but which are best kept closed. otherwise public debate won’t rise above the ment, where even one malign act would be There are already scientific procedures— level of tabloid slogans. too many, how can our open society be safe- human reproductive cloning, synthetic biol- Scientists nonetheless have a special re- guarded? Will there be pressures to constrain ogy and the rest—where regulation is called sponsibility. We feel there is something lack- diversity and individualism? Or to shift the for, on ethical as well as prudential grounds. ing in parents who don’t care what happens balance between privacy and intrusion? And there will be more. Regulations will to their children in adulthood, even though These are stark questions, but I think they need to be international, and to contend this is largely beyond their control. Like- are deeply serious ones. (Though—to inject a with commercial pressures—and they may wise, scientists shouldn’t be indifferent to slightly frivolous comment—the careless prove as hard to enforce as the drug laws. If the fruits of their ideas—their intellectual abandon with which younger people put their one country alone imposed regulations, the creations. They should try to foster benign intimate details on Facebook, and the broad most dynamic researchers and enterprising spin-offs—and of course help to bring their acquiescence in ubiquitous CCTV, suggests companies would migrate to another that work to market when appropriate. But they that in our society there will be surprisingly was more permissive. This is happening al- should campaign to resist, so far as they can, little resistance to loss of privacy.) ready, in a small way, in primate and stem ethically dubious or threatening applica- Developments in cyber, bio or nano-tech- cell research. tions. And they should be prepared to engage nology will open up new risks of error or ter- THE INTERNATIONAL SCIENTIFIC COMMUNITY in public debate and discussion. ror. Our global society is precariously de- I mentioned earlier the atomic scientists Some comments, now, on the role of the pendent on elaborate networks—electricity in World War II. Many of them—and I’ve scientific community. Science is the only grids, air traffic control, the internet, just- been privileged to know some, such as Hans truly global culture: protons, proteins, and in-time delivery and so forth—whose col- Bethe and Joseph Rotblat—set a fine exam- Pythagoras’s theorem are the same from lapse could stress it to breaking point. It’s ple. Fate had assigned them a pivotal role in China to Peru. Research is international, crucial to ensure maximal resilience of all history. They returned with relief to peace- highly networked, and collaborative. And such systems. time academic pursuits. But they didn’t say most science-linked policy issues are inter- At the start of this lecture, I cited three that they were ‘just scientists’ and that the national, even global—that’s certainly true technologies that now pervade our lives in use made of their work was up to politicians. of those I’ve addressed in this lecture. ways quite unenvisioned 50 years ago. Like- They continued as engaged citizens—pro- wise, by extrapolating from the present, I This is primarily an Anglo-American gath- ering, so I hope it’s not out of place to em- moting efforts to control the power they had have surely missed the qualitatively greatest helped unleash. We now need such individ- changes that may occur in the next 50. phasis that our two countries have been the most successful in creating and sustaining uals—not just in physics, but across the The great science-fiction writer Arthur C. whole range of applicable science. Clark opined that any ultra-advanced tech- world-class research universities. These in- A COSMIC PERSPECTIVE nology was indistinguishable from magic. stitutions are magnets for talent—both fac- Everyday consumer items like Sony game ulty and students—from all over the world, My special subject is astronomy—the stations, sat-nav and Google would have and are in most cases embedded in a ‘cluster’ study of our environment in the widest con- seemed magic 50 years ago. of high-tech companies, to symbiotic benefit. ceivable sense. And I’d like to end with a In the coming decades, there could be By 2050, China and India should at least cosmic perspective. qualitatively new kinds of change. One thing gain parity with Europe and the US—they It is surely a cultural deprivation to be un- that’s been unaltered for millennia is human will surely become the ‘centre of gravity’ of aware of the marvelous vision of nature of- nature and human character. But in this the world’s intellectual power. We will need fered by Darwinism and by modern cos- century, novel mind-enhancing drugs, genet- to aim high if we are to sustain our competi- mology—the chain of emergent complexity ics, and ‘cyberg’ techniques may start to tive advantage in offering cutting-edge leading from a still-mysterious beginning to alter human beings themselves. That’s some- ‘value added’. atoms, stars, planets, biospheres and human thing qualitatively new in recorded history. It’s a duty of scientific academies and brains able to ponder the wonder and the And we should keep our minds open, or at similar bodies to ensure that policy deci- mystery. And there’s no reason to regard hu- least ajar, to concepts on the fringe of sions are based on the best science, even mans as the culmination of this emergent science fiction—robots with many human at- when that science is still uncertain and pro- process. Our Sun is less than half way tributes, computers that make discoveries visional; this is the Royal Society’s role in through its life. Any creatures witnessing worthy of Nobel prizes, bioengineered orga- the UK and that of the National Academy of the Sun’s demise, here on earth or far be- nisms, and so forth. Flaky Californian Sciences in the US. The academies of the G8 yond, won’t be human—they’ll be as dif- futurologists aren’t always wrong. + 5 countries are playing an increasing role ferent from us as we are from bacteria. Opinion polls in England show that people in highlighting global issues. And one thinks But, even in this cosmic time-perspective— are generally positive about science’s role, of consortia like the IPCC, and bodies like extending billions of years into the future, as but are concerned that it may ‘run away’ the WHO. well as into the past—this century may be a faster than we can properly cope with it. In this country, an ongoing dialogue with defining moment. It’s the first in our plan- Some commentators on biotech, robotics and parliamentarians on embryos and stem cells et’s history where one species—ours—has nanotech worry that when the genie is out of has led to a generally-admired legal frame- Earth’s future in its hands. the bottle, the outcome may be impossible to work. On the other hand, the GM crops de- I recalled earlier the image of our Earth control. They urge caution in ‘pushing the bate went wrong here because we came in viewed from space. Suppose some aliens had envelope’ in some areas of science. too late, when opinion was already polarized been watching our planet—a ‘pale blue dot’ The uses of academic research generally between eco-campaigners on the one side and in a vast cosmos, for its entire history, what can’t be foreseen: Rutherford famously said, commercial interests on the other. I think would they have seen? in the mid-thirties, that nuclear energy was we have recently done better on Over nearly all that immense time, 4.5 bil- ‘moonshine’; the inventors of lasers didn’t nanotechnology, by raising the key issues lion years, Earth’s appearance would have foresee that an early application of their early. It’s necessary to engage with the pub- altered very gradually. The continents drift- work would be to eye surgery; the discoverer lic ‘upstream’ of any legislation or commer- ed; the ice cover waxed and waned; succes- of x-rays was not searching for ways to see cial developments. sive species emerged, evolved and became ex- through flesh. A major scientific discovery is We need to point out that the resources tinct. likely to have many applications—some be- and expertise devoted to applications of But in just a tiny sliver of the Earth’s his- nign, others less so—none of which was fore- science are not deployed optimally. Some tory—the last one millionth part, a few seen by the original investigator. subjects have had the ‘inside track’ and thousand years—the patterns of vegetation We can’t reap the benefits of science with- gained disproportionate resources; huge altered much faster than before. This sig- out accepting some risks—the best we can do sums, for instance, are still devoted to new naled the start of agriculture. The changes is minimize them. Most surgical procedures, weaponry. On the other hand, environmental accelerated as human populations rose. even if now routine, were risky and often projects, renewable energy, and so forth, de- But then there were other changes, even fatal when they were being pioneered. In the serve more effort. In medicine, the focus is more abrupt. Within fifty years—little more early days of steam, people died when poorly disproportionately on cancer and cardio- than one hundredth of a millionth of the designed boilers exploded. vascular studies, the ailments that loom Earth’s age, the carbon dioxide in the atmos- But something has changed. Most of the largest in prosperous countries, rather than phere began to rise anomalously fast. The ‘old’ risks were localized. If a boiler ex- on the infections endemic in the tropics. planet became an intense emitter of radio plodes, it’s horrible but there’s an ‘upper Policy decisions—whether about energy, waves (the total output from all TV, bound’ to just how horrible. In our ever more GM technology, mind-enhancing drugs or cellphone and radar transmissions).

VerDate Aug 31 2005 05:33 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.042 S01AUPT1 erowe on PRODPC61 with SENATE August 1, 2008 CONGRESSIONAL RECORD — SENATE S8031 And something else unprecedented hap- TRIBUTE TO THE UNIVERSITY OF I am proud of the role UAB has pened: small projectiles lifted from the plan- ALABAMA AT BIRMINGHAM played on an international level in et’s surface and escaped the biosphere com- ∑ Mr. SESSIONS. Mr. President, today striving to provide top-notch treat- pletely. Some were propelled into orbits ment, as well as research to continu- around the Earth; some journeyed to the I recognize the University of Alabama Moon and planets. at Birmingham, UAB, a place known ously improve on that treatment for If they understood astrophysics, the aliens for its outstanding, world-renowned Alabama, the nation, and the world, could confidently predict that the biosphere HIV/AIDS research and treatment. Dr. over the past 20 years.∑ would face doom in a few billion years when Michael Saag directs the Center for the Sun flares up and dies. But could they AIDS Research at UAB, which was es- f have predicted this unprecedented spike less tablished in 1988 by the National Insti- than half way through the Earth’s life—these tute for Allergy and Infectious Dis- human-induced alterations occupying, over- HONORING DR. EPHRAIM ZUROFF eases to stimulate research and sci- all, less than a millionth of the elapsed life- ∑ Mr. SMITH. Mr. President, I rise time and seemingly occurring with runaway entific advancement concerning AIDS speed? and HIV. This program was initiated in today to commend Dr. Ephraim Zuroff If they continued to keep watch, what 1998 and currently includes 20 centers and the Simon Wiesenthal Center for might these hypothetical aliens witness in funded through a consortium of six Na- their efforts to track down the last the next hundred years? Will a final spasm tional Institutes of Health. Under Dr. Nazi war criminals from World War II. be followed by silence? Or will the planet Saag’s exceptional leadership, the UAB Their work is enormously important, itself stabilize? And will some of the objects Center for AIDS Research has grown both in bringing the guilty to justice launched from the Earth spawn new oases of dramatically as shown by its increase and preventing future acts of genocide. life elsewhere? in total research funding, from $2.9 The statute of limitations does not, The answers will depend on us, collec- tively—on whether we can, to quote Brent million dollars in 1988 to over $90 mil- must not, expire on crimes against hu- Scowcroft again, ‘behave wisely, pru- lion currently. manity. Earlier this year, I introduced dently.’’’∑ UAB has a remarkable program in the World War II War Crimes Account- Zambia, the Center for Infectious Dis- ability Act with Senator NELSON, f ease Research, headed up by Dr. Jeff which I hope will help Dr. Zuroff and Stringer. The UAB Zambia program, the Simon Wiesenthal Center in their which receives funding through the noble effort. TRIBUTE TO SERGEANT PEYTON President’s Emergency Program for One of the main targets of this effort WILLIAMS AIDS Relief, PEPFAR, is treating over ∑ Mr. SESSIONS. Mr. President, today 170,000 patients, with up to 100,000 pa- is Sandor Kepiro, who is charged with I pay tribute to SGT Peyton Williams, tients on ARV treatment. the 1942 killing of about 1,000 Jews, a constituent of mine from Wetumpka, Dr. Stringer and his remarkable Gypsies, and Serbs in Novi Sad, Serbia. AL. Sergeant Williams was selected as team have also worked vigorously with Kepiro allegedly committed these the Marine of the Year for the Second the Zambian Government to deliver crimes while serving as a Hungarian Marine Division. Out of the over 20,000 ‘‘prevention of mother-to-child HIV police captain during World War II. He marines who comprise the Second Divi- transmission’’ services to over 500,000 was convicted in 1944, but the verdict sion, Sergeant Williams was selected women in Zambia, preventing tens of was annulled when the Nazis invaded for his outstanding performance in Op- thousands of infants from being born Hungary. He was convicted again in eration Iraqi Freedom, OIF. This pres- with HIV. The UAB HIV prevention and 1946, in absentia, but escaped before tigious award signifies that Sergeant treatment service units support 175 serving his sentence. In 2007, a Hun- Williams represents the best of what a public health facilities in four of the garian court ruled that Kepiro could U.S. Marine should be. nine provinces of Zambia. Prevention not be charged again for his alleged Later this month, Governor Bob of mother-to-child transmission serv- crimes. He is now living in Hungary, Riley will proclaim August 21, 2008, as ices are offered in 154 clinics and hos- and the government continues to inves- Sergeant Peyton Williams Day in the pitals. tigate the circumstances of his WWII HIV care and treatment services are State of Alabama. I would like to ex- activities. The Hungarian government offered in 46 sites, and include a com- press my pride in his accomplishment, must summon the political will to prehensive cervical cancer screening and appreciation for his service to our bring Kepiro to justice. Inaction is not program that has screened over 5,000 Nation in Iraq. Sergeant Williams con- an option. women in its first year. Research has tributed to the success of the counter- The Simon Wiesenthal Center shown a direct connection between HIV insurgency in the Al Anbar province. launched Operation: Last Chance in and cervical cancer among women, and His work there was critical to our suc- 2002, to identify and assist in the pros- groundbreaking work in the field has ecution of the remaining Nazi war cess in our current operations and he demonstrated the importance of serves as an example to his fellow ma- criminals still at large. Dr. Zuroff, who screening HIV-infected women for cer- has been leading this effort, should be rines and an inspiration to all young vical cancer, especially in resource- Alabamians who will follow him in highly commended for his outstanding poor countries of the world. Dr. efforts in bringing the most guilty service as members of the military. Groesbeck Parham and his group from According to his company com- Nazis to justice. Of these, Kepiro is UAB/ CIDRZ, using PEPFAR resources, near the top of his list. mander, CPT Brian Cillessen, ‘‘Peyton have led the way in creating mecha- has more talent by accident than most nisms to screen large numbers of Even today, the crimes of people like Marines learn in a career. He is a great women in Zambia, saving thousands of Kepiro in the service of pro-Nazi re- American who has served his country lives. gimes strain our understanding of hate. well, and I am proud to have the honor The UAB Zambia program also pro- National Socialist Germany today is to serve with him and would welcome vides HIV testing to TB patients, and an icon remembered only for its bru- the opportunity in the future.’’ TB screening for all HIV patients in a tality, its mantra of genocide, and its I would like to echo Captain comprehensive, integrated TB/HIV ini- culture of racism. And those last Nazis, Cillessen’s praise of Sergeant Williams, tiative. who are waiting out their last days it is Marines like him who have en- I applaud the fine work UAB is doing, under the coming twilight, must not be sured the success of the surge strategy. and I know that their service has saved allowed to go quietly into the night, as I believe that with dedicated marines thousands of lives. This is a prime ex- did too many of their victims. For the like Sergeant Williams in the force, ample of the clear, positive results we souls that were lost, and even more for victory is not only possible in our cur- have seen come about through those that remain, there must be jus- rent operations in Iraq, it is certain. PEPFAR, and one major reason I tice. I commend Dr. Zuroff and the And so, I applaud Sergeant Williams’ worked to ensure that new PEPFAR Simon Wiesenthal Center in the high- hard work, and I look forward to hear- legislation preserves the focus on est possible terms, and urge the United ing more great things about this fine treatment that has undoubtedly con- States Government to do all it can to son of Alabama.∑ tributed to its success. help them in their cause.∑

VerDate Aug 31 2005 05:33 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.044 S01AUPT1 erowe on PRODPC61 with SENATE S8032 CONGRESSIONAL RECORD — SENATE August 1, 2008 RECOGNIZING JORDAN FINK I would like to extend my sincere port of their employees who serve in ∑ Mr. THUNE. Mr. President, today I thanks and appreciation to Michael for the National Guard and Reserve. recognize Jordan Fink, an intern in my all of the fine work he has done and The Winner School District is one of Washington, DC, office, for all of the wish him continued success in the only 15 employers nationwide to be hard work he has done for me, my years to come.∑ honored with this prestigious award. staff, and the state of South Dakota f The support, encouragement, and flexi- over the past several weeks. bility that they provide to their em- RECOGNIZING SHARAYAH Jordan is a graduate of Tripp- ployees who are called to serve their SLAUGHTER Delmont High School in Tripp, SD. country in the South Dakota National Currently he is attending South Da- ∑ Mr. THUNE. Mr. President, today I Guard illustrates their deservedness for kota State University, where he is ma- recognize Sharayah Slaughter, an in- this high honor. The Winner School joring in biology. He is a hard worker tern in my Rapid City, SD, office, for District serves as a fine example of who has been dedicated to getting the all of the hard work she has done for South Dakotans coming together to most out of his internship experience. me, my staff, and the State of South support the cause of freedom around I would like to extend my sincere Dakota over the past several weeks. the world. The Winner School District thanks and appreciation to Jordan for Sharayah is currently a student at goes the extra mile to accommodate all of the fine work he has done and Douglas High School in Box Elder, SD. our servicemen and women and thus wish him continued success in the She is a hard worker who has been ensure a safer, more secure America. years to come.∑ dedicated to getting the most out of Today, I rise with the entire State of f her internship experience. South Dakota to commend the Winner I would like to extend my sincere School District for their commitment RECOGNIZING JAMIE LOFTUS thanks and appreciation to Sharayah to serving our State and our Armed ∑ Mr. THUNE. Mr. President, today I for all of the fine work she has done Forces.∑ recognize Jamie Loftus, an intern in and wish her continued success in the f my Rapid City, SD, office, for all of the years to come.∑ MESSAGES FROM THE PRESIDENT hard work he has done for me, my f staff, and the State of South Dakota Messages from the President of the over the past several weeks. RECOGNIZING ROBERT STORK United States were communicated to Jamie is a graduate of Stevens High ∑ Mr. THUNE. Mr. President, today I the Senate by Mrs. Neiman, one of his School in Rapid City, SD. Currently he recognize Robert Stork, an intern in secretaries. is attending Black Hills State Univer- my Washington, DC, office, for all of f sity, where he is majoring in account- the hard work he has done for me, my ing. He is a hard worker who has been staff, and the State of South Dakota EXECUTIVE MESSAGES REFERRED dedicated to getting the most out of over the past several weeks. As in executive session the Presiding his internship experience. Robert is a graduate of Washington Officer laid before the Senate messages I would like to extend my sincere High School in Sioux Falls, SD, and of from the President of the United thanks and appreciation to Jamie for the University of Iowa, where he ma- States submitting sun nominations all of the fine work he has done and jored in communication studies. He is a which were referred to the appropriate wish him continued success in the hard worker who has been dedicated to committees. ∑ years to come. getting the most out of his internship (The nominations received today are f experience. printed at the end of the Senate pro- RECOGNIZING KELSEY MCKAY I would like to extend my sincere ceedings.) thanks and appreciation to Robert for ∑ f Mr. THUNE. Mr. President, today I all of the fine work he has done and recognize Kelsey McKay, an intern in wish him continued success in the MESSAGES FROM THE HOUSE my Rapid City, SD, office, for all of the years to come.∑ hard work she has done for me, my At 12:33 p.m., a message from the staff, and the State of South Dakota f House of Representatives, delivered by Ms. Niland, one of its reading clerks, over the past several weeks. RECOGNIZING ALLISON VOELKER Kelsey is a graduate of T.F. Riggs announced that the House has passed ∑ High School in Pierre, SD. Currently Mr. THUNE. Mr. President, today I the following bills, in which it requests she is attending the College of Saint recognize Allison Voelker, an intern in the concurrence of the Senate: Benedict, where she is majoring in po- my Washington, DC, office, for all of H.R. 674. An act to amend title 38, United litical science. She is a hard worker the hard work she has done for me, my States Code, to repeal the provision of law who has been dedicated to getting the staff, and the State of South Dakota requiring termination of the Advisory Com- most out of her internship experience. over the past several weeks. mittee on Minority Veterans as of December Allison is a graduate of Canton High 31, 2009. I would like to extend my sincere H.R. 1338. An act to amend the Fair Labor thanks and appreciation to Kelsey for School in Canton, SD, and of Biola Uni- versity, where she majored in psy- Standards Act of 1938 to provide more effec- all of the fine work she has done and tive remedies to victims of discrimination in wish her continued success in the years chology. She is a hard worker who has the payment of wages on the basis of sex, and to come.∑ been dedicated to getting the most out for other purposes. of her internship experience. f H.R. 4255. An act to amend title 38, United I would like to extend my sincere States Code, to authorize the Secretary of RECOGNIZING MICHAEL MERRY thanks and appreciation to Allison for Veterans Affairs to provide assistance to the ∑ Mr. THUNE. Mr. President, today I all of the fine work she has done and Paralympic Program of the United States recognize Michael Merry, an intern in wish her continued success in the years Olympic Committee, and for other purposes. to come.∑ H.R. 6083. An act to authorize funding to my Washington, DC office, for all of conduct a national training program for the hard work he has done for me, my f State and local prosecutors. staff, and the State of South Dakota H.R. 6208. An act to designate the facility over the past several weeks. HONORING THE WINNER SCHOOL of the United States Postal Service located Michael is a graduate of Washington DISTRICT at 1100 Town and Country Commons in Ches- High School in Sioux Falls, SD. Cur- ∑ Mr. THUNE. Mr. President, today I terfield, Missouri, as the ‘‘Lance Corporal rently he is attending the University of honor the Winner School District for Matthew P. Pathenos Post Office Building’’. South Dakota, where he is majoring in being awarded the 2008 Secretary of De- H.R. 6221. An act to amend title 38, United States Code, to require the Secretary of Vet- finance and economics. He is a hard fense Employer Support Freedom erans Affairs to include in each contract the worker who has been dedicated to get- Award. This award is the highest rec- Secretary enters for the acquisition of goods ting the most out of his internship ex- ognition given by the U.S. Government and services a provision that requires the perience. to employers for their outstanding sup- contractee to comply with the contracting

VerDate Aug 31 2005 03:23 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.013 S01AUPT1 erowe on PRODPC61 with SENATE August 1, 2008 CONGRESSIONAL RECORD — SENATE S8033 goals and preferences for small business con- H.R. 1108. An act to protect the public H.R. 6382. An act to make technical correc- cerns owned or controlled by veterans, and health by providing the Food and Drug Ad- tions related to the Pension Protection Act for other purposes. ministration with certain authority to regu- of 2006, and for other purposes; to the Com- H.R. 6225. An act to amend title 38, United late tobacco products; to the Committee on mittee on Health, Education, Labor, and States Code, relating to equitable relief with Health, Education, Labor, and Pensions. Pensions. respect to a State or private employer, and H.R. 1338. An act to amend the Fair Labor H.R. 6437. An act to designate the facility for other purposes. Standards Act of 1938 to provide more effec- of the United States Postal Service located H.R. 6309. An act to amend the Residential tive remedies to victims of discrimination in at 200 North Texas Avenue in Odessa, Texas, Lead-Based Paint Hazard Reduction Act of the payment of wages on the basis of sex, and as the ‘‘Corporal Alfred Mac Wilson Post Of- 1992 to define environmental intervention for other purposes; to the Committee on fice’’; to the Committee on Homeland Secu- blood lead level, and for other purposes. Health, Education, Labor, and Pensions. rity and Governmental Affairs. H.R. 6437. An act to designate the facility H.R. 2452. To amend the Federal Water Pol- H.R. 6456. An act to provide for extensions of the United States Postal Service located lution Control Act to ensure that publicly of certain authorities of the Department of at 200 North Texas Avenue in Odessa, Texas, owned treatment works monitor for and re- State, and for other purposes; to the Com- as the ‘‘Corporal Alfred Mac Wilson Post Of- port sewer overflows, and for other purposes; mittee on Foreign Relations. fice’’. to the Committee on Environment and Pub- H.R. 6633. An act to evaluate and extend H.R. 6633. An act to evaluate and extend lic Works. the basic pilot program for employment eli- the basic pilot program for employment eli- H.R. 3021. To direct the Secretary of Edu- gibility confirmation and to ensure the pro- gibility confirmation and to ensure the pro- cation to make grants to State educational tection of Social Security beneficiaries; to tection of Social Security beneficiaries. agencies for the modernization, renovation, the Committee on the Judiciary. or repair of public school facilities, and for The message also announced that the The following concurrent resolutions other purposes; to the Committee on Health, were read, and referred as indicated: House has passed the following bills, Education, Labor, and Pensions. H. Con. Res. 296. Concurrent resolution ex- without amendment: H.R. 4255. An act to amend title 38, United pressing support for the designation of Au- States Code, to authorize the Secretary of S. 3294. A bill to provide for the continued gust 2008 as ‘‘National Heat Stroke Aware- Veterans Affairs to provide assistance to the performance of the functions of the United ness Month’’ to raise awareness and encour- Paralympic Program of the United States States Parole Commission. age prevention of heat stroke; to the Com- Olympic Committee, and for other purposes; S. 3295. A bill to amend title 35, United mittee on Health, Education, Labor, and to the Committee on Veterans’ Affairs. States Code, and the Trademark Act of 1946 Pensions. H.R. 5057. To reauthorize the Debbie Smith to provide that the Secretary of Commerce, H. Con. Res. 358. Concurrent resolution DNA Backlog Grant Program, and for other in consultation with the Director of the commending the members of the Nevada purposes; to the Committee on Health, Edu- United States Patent and Trademark Office, Army and Air National Guard and the Ne- cation, Labor, and Pensions. shall appoint administrative patent judges vada Reserve members of the Armed Forces H.R. 5464. An act to direct the Attorney and administrative trademark judges, and for their dedicated, unselfish, and profes- General to make an annual grant to the A for other purposes. sional service, commitment, and sacrifices Child Is Missing Alert and Recovery Center S. 3370. An act to resolve pending claims to the State of Nevada and the United States to assist law enforcement agencies in the against Libya by United States nationals, during more than five years of deployments rapid recovery of missing children, and for and for other purposes. to and in support of Operation Iraqi Freedom other purposes; to the Committee on the Ju- and Operation Enduring Freedom; to the The message also announced that diciary. Committee on Armed Services. pursuant to section 201(b) of the Inter- H.R. 5569. To extend for 5 years the EB-5 national Religious Freedom Act of 1998 regional center pilot program, and for other f (22 U.S.C. 6431 note), amended by sec- purposes; to the Committee on the Judici- MEASURES PLACED ON THE tion 681(b) of the Foreign Relations Au- ary. CALENDAR thorization Act, Fiscal Year 2003 (22 H.R. 5570. To amend the Immigration and U.S.C. 2651 note), and the order of the Nationality Act with respect to the special The following bill was read the sec- immigrant nonminister religious worker ond time, and placed on the calendar: House of January 4, 2007, the Speaker program, and for other purposes; to the Com- reappoints the following member on S. 3406. A bill to restore the intent and pro- mittee on the Judiciary. tections of the Americans with Disabilities the part of the House of Representa- H.R. 6083. An act to authorize funding to Act of 1990. tives to the Commission on Inter- conduct a national training program for The following bills were read the first national Religious Freedom for a two- State and local prosecutors. to the Com- and second times by unanimous con- year term ending May 14, 2010: Ms. mittee on the Judiciary. sent, and placed on the calendar: Elizabeth H. Prodromou of Boston, H.R. 6208. An act to designate the facility of the United States Postal Service located Massachusetts, to succeed herself. H.R. 2964. An act to amend the Lacey Act at 1100 Town and Country Commons in Ches- Amendments of 1981 to treat nonhuman pri- f terfield, Missouri, as the ‘‘Lance Corporal mates as prohibited wildlife species under Matthew P. Pathenos Post Office Building’’; that Act, to make corrections in the provi- ENROLLED BILL SIGNED to the Committee on Homeland Security and sions relating to captive wildlife offenses At 1:15 p.m., a message from the Governmental Affairs. under that Act, and for other purposes. House of Representatives, delivered by H.R. 6221. An act to amend title 38, United H.R. 3548. An act to enhance citizen access one of its clerks, announced that the States Code, to require the Secretary of Vet- to Government information and services by erans Affairs to include in each contract the establishing plain language as the standard Speaker has signed the following en- Secretary enters for the acquisition of goods style for Government documents issued to rolled bill: and services a provision that requires the the public, and for other purposes. H.R. 4040. An act to establish consumer contractee to comply with the contracting H.R. 5540. An act to amend the Chesapeake product safety standards and other safety re- goals and preferences for small business con- Bay Initiative Act of 1998 to provide for the quirements for children’s products and to re- cerns owned or controlled by veterans, and continuing authorization of the Chesapeake authorize and modernize the Consumer Prod- for other purposes; to the Committee on Vet- Bay Gateways and Watertrails Network. uct Safety Commission. erans’ Affairs. H.R. 6531. An act to amend chapter 13 of H.R. 6225. An act to amend title 38, United title 17, United States Code (relating to the Pursuant to the order of today, Au- vessel hull design protection), to clarify the gust 1, 2008, the enrolled bill was signed States Code, relating to equitable relief with respect to a State or private employer and definitions of a hull and a deck. by the Senator from Arkansas (Mr. for other purposes; to the Committee on Vet- f PRYOR). erans’ Affairs. MEASURES READ THE FIRST TIME f H.R. 6295. To enhance drug trafficking interdiction by creating a Federal felony re- The following bill was read the first MEASURES REFERRED lating to operating or embarking in a sub- time: The following bills were read the first mersible or semi-submersible vessel without S. 3430. A bill to provide for the investiga- nationality and on an international voyage; and the second times by unanimous tion of certain unsolved civil rights crimes, to the Committee on Commerce, Science, and for other purposes. consent, and referred as indicated: and Transportation. H.R. 674. An act to amend title 38, United H.R. 6309. An act to amend the Residential f States Code, to repeal the provision of law Lead-Based Paint Hazard Reduction Act of EXECUTIVE AND OTHER requiring termination of the Advisory Com- 1992 to define environmental intervention COMMUNICATIONS mittee on Minority Veterans as of December blood lead level and for other purposes; to 31, 2009; to the Committee on Veterans’ Af- the Committee on Banking, Housing, and The following communications were fairs. Urban Affairs. laid before the Senate, together with

VerDate Aug 31 2005 04:32 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.045 S01AUPT1 erowe on PRODPC61 with SENATE S8034 CONGRESSIONAL RECORD — SENATE August 1, 2008 accompanying papers, reports, and doc- EC–7364. A communication from the Direc- By Mr. LIEBERMAN, from the Committee uments, and were referred as indicated: tor, Regulatory Management Division, Envi- on Homeland Security and Governmental Af- EC–7354. A communication from the Dep- ronmental Protection Agency, transmitting, fairs, with an amendment in the nature of a uty Under Secretary of Defense for Logistics pursuant to law, the report of a rule entitled substitute: and Materiel Readiness, transmitting, pursu- ‘‘Approval and Promulgation of Air Quality S. 789. A bill to prevent abuse of Govern- ant to law, a report entitled ‘‘National De- Implementation Plans; Texas, El Paso Coun- ment credit cards (Rept. No. 110–437). fense Stockpile Annual Materials Plan for ty Carbon Monoxide Redesignation to At- By Mr. BIDEN, from the Committee on Fiscal Year 2009 and 4 Years’’; to the Com- tainment, and Approval of Maintenance Foreign Relations, with amendments: mittee on Armed Services. Plan’’ (FRL No. 8699-9) received on July 31, S. 2166. A bill to provide for greater respon- EC–7355. A communication from the Direc- 2008; to the Committee on Environment and sibility in lending and expanded cancellation tor, Regulatory Management Division, Envi- Public Works. of debts owed to the United States and the ronmental Protection Agency, transmitting, EC–7365. A communication from the Regu- international financial institutions by low- pursuant to law, the report of a rule entitled lation Coordinator, Centers for Medicare and income countries, and for other purposes ‘‘Approval and Promulgation of Air Quality Medicaid Services, Department of Health (Rept. No. 110-438). Implementation Plans; Illinois’’ (FRL No. and Human Services, transmitting, pursuant By Mr. LEAHY, from the Committee on 8696-3) received on July 31, 2008; to the Com- to law, the report of a rule entitled ‘‘Medi- the Judiciary, with an amendment in the na- mittee on Environment and Public Works. care Program; Hospice Wage Index for Fiscal ture of a substitute: EC–7356. A communication from the Direc- Year 2009’’ (RIN0938-AP14) received on July S. 2449. A bill to amend chapter 111 of title tor, Regulatory Management Division, Envi- 31, 2008; to the Committee on Finance. 28, United States Code, relating to protective ronmental Protection Agency, transmitting, EC–7366. A communication from the Regu- orders, sealing of cases, disclosures of dis- pursuant to law, the report of a rule entitled lation Coordinator, Centers for Medicare and covery information in civil actions, and for ‘‘Drinking Water: Regulatory Determina- Medicaid Services, Department of Health other purposes (Rept. No. 110–439). tions Regarding Contaminants on the Second and Human Services, transmitting, pursuant S. 2840. A bill to establish a liaison with Drinking Water Contaminant Candidate to law, the report of a rule entitled ‘‘Medi- the Federal Bureau of Investigation in List’’ (FRL No. 8699-1) received on July 31, care Program; Inpatient Rehabilitation Fa- United States Citizenship and Immigration 2008; to the Committee on Environment and cility Prospective Payment System for Fed- Services to expedite naturalization applica- Public Works. eral Fiscal Year 2009’’ (RIN0938-AP19) re- tions filed by members of the Armed Forces EC–7357. A communication from the Direc- ceived on July 31, 2008; to the Committee on and to establish a deadline for processing tor, Regulatory Management Division, Envi- Finance. such applications (Rept. No. 110–440). ronmental Protection Agency, transmitting, EC–7367. A communication from the Regu- By Mr. BIDEN, from the Committee on pursuant to law, the report of a rule entitled lation Coordinator, Centers for Medicare and Foreign Relations, without amendment: ‘‘Mississippi: Final Authorization of State Medicaid Services, Department of Health S. 3169. A bill to authorize United States Hazardous Waste Management Program’’ and Human Services, transmitting, pursuant participation in, and appropriations for the (FRL No. 8699-7) received on July 31, 2008; to to law, the report of a rule entitled ‘‘Medi- United States contribution to, the eleventh the Committee on Environment and Public care Program; Prospective Payment System replenishment of the resources of the African Works. and Consolidated Billing for Skilled Nursing Development Fund (Rept. No. 110–441). EC–7358. A communication from the Direc- Facilities for Fiscal Year 2009’’ (RIN0938- By Mr. LEAHY, from the Committee on tor, Regulatory Management Division, Envi- AP11) received on July 31, 2008; to the Com- the Judiciary, with an amendment in the na- ronmental Protection Agency, transmitting, mittee on Finance. ture of a substitute: pursuant to law, the report of a rule entitled EC–7368. A communication from the Regu- S. 2533. A bill to enact a safe, fair, and re- ‘‘Outer Continental Shelf Air Regulations lation Coordinator, Centers for Medicare and sponsible state secrets privilege Act (Rept. Update to Include New York State Require- Medicaid Services, Department of Health No. 110–442). ments’’ (FRL No. 8688-3) received on July 31, and Human Services, transmitting, pursuant By Mr. DODD, from the Committee on 2008; to the Committee on Environment and to law, the report of a rule entitled, ‘‘Medi- Banking, Housing, and Urban Affairs, with- Public Works. care Program; Changes to the Hospital Inpa- out amendment: EC–7359. A communication from the Direc- tient Prospective Payment Systems and Fis- S. 3445. An original bill to impose sanc- tor, Regulatory Management Division, Envi- cal Year 2009 Rates; Payments for Graduate tions with respect to Iran, to provide for the ronmental Protection Agency, transmitting, Medical Education for Affiliated Teaching divestment of assets in Iran by State and pursuant to law, the report of a rule entitled Hospitals in Certain Emergency Situations; local governments and other entities, to ‘‘Bacillus thuringiensis Vip3Aa Proteins in Changes to Disclosure of Physician Owner- identify locations of concern with respect to Corn and Cotton; Exemption from the Re- ship in Hospitals and Physician Self-Referral transshipment, reexportation, or diversion of quirement of Tolerance’’ (FRL No. 8374-2) re- Rules; and Collection of Information Regard- certain sensitive items to Iran, and for other ceived on July 31, 2008; to the Committee on ing Financial Relationships Between Hos- purposes (Rept. No. 110–443). Environment and Public Works. pitals’’ (RIN0938-AP15) received on July 31, By Mr. BAUCUS, from the Committee on EC–7360. A communication from the Direc- 2008; to the Committee on Finance. tor, Regulatory Management Division, Envi- Finance: EC–7369. A communication from the Acting Report to accompany S.J. Res. 41, A joint ronmental Protection Agency, transmitting, Assistant Legal Adviser for Treaty Affairs, pursuant to law, the report of a rule entitled resolution approving the renewal of import Department of State, transmitting, pursuant restrictions contained in the Burmese Free- ‘‘Difenoconazole; Pesticide Tolerances for to the Case-Zablocki Act, 1 U.S.C. 112b, as Emergency Exemptions’’ (FRL No. 8375-5) re- dom and Democracy Act of 2003 (Rept. No. amended, the report of the texts and back- 110–444). ceived on July 31, 2008; to the Committee on ground statements of international agree- Environment and Public Works. ments, other than treaties (List 2008-121–2008- EC–7361. A communication from the Direc- 128); to the Committee on Foreign Relations. f tor, Regulatory Management Division, Envi- EC–7370. A communication from the Sec- ronmental Protection Agency, transmitting, retary, Department of Health and Human pursuant to law, the report of a rule entitled INTRODUCTION OF BILLS AND Services, transmitting, pursuant to law, a JOINT RESOLUTIONS ‘‘Dodine; Pesticide Tolerances’’ (FRL No. report entitled, ‘‘HHS Determination Con- 8367-5) received on July 31, 2008; to the Com- cerning a Petition to Add Members to the The following bills and joint resolu- mittee on Environment and Public Works. Special Exposure Cohort under the Energy tions were introduced, read the first EC–7362. A communication from the Direc- Employees Occupational Illness Compensa- and second times by unanimous con- tor, Regulatory Management Division, Envi- tion Program Act of 2000; Determination sent, and referred as indicated: ronmental Protection Agency, transmitting, Concerning a Petition for Employees from pursuant to law, the report of a rule entitled Sandia National Laboratory, Livermore, By Mr. WYDEN: ‘‘Approval and Promulgation of Air Quality California’’; to the Committee on Health, S. 3418. A bill to prohibit discrimination in Implementation Plans; Massachusetts; Education, Labor, and Pensions. State taxation of multichannel video pro- Amendment to Massachusetts’ State Imple- gramming distribution services; to the Com- mentation Plan for Transit System Improve- f mittee on Finance. ments’’ (FRL No. 8691-5) received on July 31, REPORTS OF COMMITTEES By Mrs. CLINTON (for herself and Mr. 2008; to the Committee on Environment and SCHUMER): Public Works. The following reports of committees S. 3419. A bill to amend title 38, United EC–7363. A communication from the Direc- were submitted: States Code, to direct the Secretary of Vet- tor, Regulatory Management Division, Envi- By Mr. LEAHY, from the Committee on erans Affairs to modernize the disability ronmental Protection Agency, transmitting, the Judiciary, with an amendment in the na- benefits claims processing system of the De- pursuant to law, the report of a rule entitled ture of a substitute: partment of Veterans Affairs to ensure the ‘‘Approval and Promulgation of Air Quality S. 702. A bill to authorize the Attorney accurate and timely delivery of compensa- Implementation Plans; Indiana’’ (FRL No. General to award grants to State courts to tion to veterans and their families and sur- 8698-7) received on July 31, 2008; to the Com- develop and implement State courts inter- vivors, and for other purposes; to the Com- mittee on Environment and Public Works. preter programs (Rept. No. 110–436). mittee on Veterans’ Affairs.

VerDate Aug 31 2005 03:23 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.062 S01AUPT1 erowe on PRODPC61 with SENATE August 1, 2008 CONGRESSIONAL RECORD — SENATE S8035

By Mr. WYDEN: By Mr. CASEY (for himself, Mr. KEN- ipal combined sewer overflows and sanitary S. 3420. A bill to require the Federal Com- NEDY, and Mr. OBAMA): sewer overflows, and to require the Adminis- munications Commission to auction spec- S. 3432. A bill to amend title 38, United trator of the Environmental Protection trum for a free and open access wireless serv- States Code, to improve the enforcement of Agency to update certain guidance used to ice; to the Committee on Commerce, the Uniformed Services Employment and Re- develop and determine the financial capa- Science, and Transportation. employment Rights Act of 1994, and for other bility of communities to implement clean By Mr. CASEY: purposes; to the Committee on Veterans’ Af- water infrastructure programs; to the Com- S. 3421. A bill to amend the Internal Rev- fairs. mittee on Environment and Public Works. enue Code of 1986 to increase the standard By Mr. BIDEN (for himself, Mr. HAGEL, By Mrs. CLINTON: mileage rate for charitable purposes to the Mr. CASEY, Mr. VOINOVICH, and Mr. S. 3444. A bill to provide for upgrading se- standard mileage rate established by the WEBB): curity at civilian nuclear facilities and of Secretary of the Treasury for business pur- S. 3433. A bill to ensure that any agree- nuclear materials that could be used to con- poses; to the Committee on Finance. ment with Iraq containing a security com- struct a dirty bomb; to the Committee on By Mr. BROWN: mitment or arrangement is concluded as a Environment and Public Works. S. 3422. A bill to amend the Federal Food, treaty or is approved by Congress; to the By Mr. DODD: Drug, and Cosmetic Act to provide for the es- Committee on Foreign Relations. S. 3445. An original bill to impose sanc- tablishment of a traceability system for By Mr. DURBIN: tions with respect to Iran, to provide for the food, and for other purposes; to the Com- S. 3434. A bill to combat organized crime divestment of assets in Iran by State and mittee on Health, Education, Labor, and involving the illegal acquisition of retail local governments and other entities, to Pensions. goods for the purpose of selling those ille- identify locations of concern with respect to By Mr. BROWN: gally obtained goods through physical and transshipment, reexportation, or diversion of S. 3423. A bill to provide for equity in the online retail marketplaces; to the Com- certain sensitive items to Iran, and for other award of military decorations and citations mittee on the Judiciary. purposes; from the Committee on Banking, for service in the Armed Forces since March By Mr. DORGAN (for himself, Mr. BAU- Housing, and Urban Affairs; placed on the 20, 2003, and for other purposes; to the Com- CUS, Mr. TESTER, and Mr. CONRAD): calendar. mittee on Armed Services. S. 3435. A bill to allow certain participants By Mr. MENENDEZ (for himself, Mr. By Mrs. MURRAY: in the conservation reserve program to par- SALAZAR, Mr. SMITH, Mr. LAUTEN- S. 3424. A bill to amend the Homeland Se- ticipate in the critical feed use program of BERG, Mr. STEVENS, and Ms. curity Act of 2002 to clarify that matching the Secretary of Agriculture; to the Com- funds are not required under the State STABENOW): mittee on Agriculture, Nutrition, and For- S. 3446. A bill to amend the Internal Rev- Homeland Security Grant Program or the estry. enue Code of 1986 to defer the tax on the gain Urban Area Security Initiative; to the Com- By Mr. WICKER (for himself and Mr. on the sale of certain telecommunications mittee on Homeland Security and Govern- COCHRAN): and media businesses, and for other pur- mental Affairs. S. 3436. A bill to expand the eligible pre- poses; to the Committee on Finance. By Mr. DODD (for himself, Mr. REED, mium refund opportunities for persons who, By Ms. LANDRIEU: Mr. KERRY, Mr. CARPER, Mrs. CLIN- as a result of new mapping data do not reside S. 3447. A bill to reprogram $15,000,000 in TON, and Mr. BIDEN): savings in the Jackson Barracks military S. 3425. A bill to make effective the pro- in a special flood hazard area; to the Com- posed rule of the Food and Drug Administra- mittee on Banking, Housing, and Urban Af- construction to the Department of the Inte- tion relating to sunscreen drug products, and fairs. rior for the Historic Preservation Fund of for other purposes; to the Committee on By Mrs. FEINSTEIN (for herself, Mr. the National Park Service for the purpose of Health, Education, Labor, and Pensions. ROCKEFELLER, Mr. WHITEHOUSE, Mr. restoring Jackson Barracks to its pre-Hurri- By Mr. KERRY (for himself, Mr. HAGEL, Mr. FEINGOLD, and Mr. cane Katrina status as a national historic YDEN treasure; to the Committee on Energy and VOINOVICH, Mr. WHITEHOUSE, Mr. W ): S. 3437. A bill to limit the use of certain in- Natural Resources. AKAKA, and Mr. DURBIN): S. 3426. A bill to amend the Foreign Serv- terrogation techniques, to require notifica- By Ms. LANDRIEU: ice Act of 1980 to extend comparability pay tion of the International Committee of the S. 3448. A bill to reauthorize the Cane adjustments to members of the Foreign Red Cross of detainees, to prohibit interroga- River National Heritage Area Commission Service assigned to posts abroad, and to tion by contractors, and for other purposes; and expand the boundaries of the Cane River amend the provision relating to the death to the Select Committee on Intelligence. National Heritage Area in the State of Lou- gratuity payable to surviving dependents on By Ms. LANDRIEU: isiana; to the Committee on Energy and Nat- Foreign Service employees who die as a re- S. 3438. A bill to prohibit the use of funds ural Resources. sult of injuries sustained in the performance for the establishment of National Marine By Ms. LANDRIEU: of duty abroad; to the Committee on Foreign Monuments unless certain requirements are S. 3449. A bill to direct the Secretary of the Relations. met; to the Committee on Commerce, Interior to study the suitability and feasi- By Mr. WICKER (for himself, Mr. COCH- Science, and Transportation. bility of designating sites in the Lower Mis- RAN, Mr. MARTINEZ, and Mr. VITTER): By Mr. SALAZAR (for himself, Mr. sissippi River Area in the State of Louisiana S. 3427. A bill to amend the Internal Rev- CRAPO, and Mr. WYDEN): as a unit of the National Park System, and enue Code of 1986 to provide a credit for hur- S. 3439. A bill to provide for duty free for other purposes; to the Committee on En- ricane mitigation expenditures, and to pro- treatment of certain recreational perform- ergy and Natural Resources. vide a credit for the increased insurance pre- ance outerwear, and for other purposes; to f miums of certain homeowners as a result of the Committee on Finance. hurricane events; to the Committee on Fi- By Ms. SNOWE (for herself and Ms. SUBMISSION OF CONCURRENT AND nance. KLOBUCHAR): SENATE RESOLUTIONS By Ms. STABENOW (for herself, Mr. S. 3440. A bill to amend title 49, United The following concurrent resolutions States Code, to enhance aviation safety; to VOINOVICH, and Mrs. DOLE): and Senate resolutions were read, and S. 3428. A bill to amend the Internal Rev- the Committee on Commerce, Science, and enue Code of 1986 to provide a credit against Transportation. referred (or acted upon), as indicated: income tax to facilitate the accelerated de- By Ms. SNOWE (for herself and Mrs. By Mr. SMITH (for himself and Mr. velopment and deployment of advanced safe- FEINSTEIN): FEINGOLD): ty systems for commercial motor vehicles; S. 3441. A bill to provide certain require- S. Res. 643. A resolution calling for greater to the Committee on Finance. ments for the siting, construction, expan- dialogue between the Dalai Lama and the By Mr. SCHUMER (for himself, Mr. EN- sion, and operation of liquefied natural gas Government of China regarding rights for SIGN, Mr. FEINGOLD, and Mr. DODD): import terminals, and for other purposes; to the people of Tibet, and for other purposes; S. 3429. A bill to amend the Internal Rev- the Committee on Energy and Natural Re- to the Committee on Foreign Relations. enue Code to provide for an increased mile- sources. By Mr. BURR (for himself and Mrs. age rate for charitable deductions; to the By Mr. REED (for himself and Ms. FEINSTEIN): Committee on Finance. SNOWE): S. Res. 644. A resolution designating Sep- By Mr. COBURN: S. 3442. A bill to reauthorize the National tember 2008 as ‘‘National Child Awareness S. 3430. A bill to provide for the investiga- Oilheat Reliance Alliance Act of 2000, and for Month’’ to promote awareness of charities tion of certain unsolved civil rights crimes, other purposes; to the Committee on Energy benefitting children and youth-serving orga- and for other purposes; read the first time. and Natural Resources. nizations throughout the United States and By Mr. REID (for Mr. KENNEDY (for By Mr. VOINOVICH (for himself and recognizing efforts made by these charities himself, Mr. BINGAMAN, and Mr. Mr. BROWN): and organizations on behalf of children and SANDERS)): S. 3443. A bill to amend the Federal Water youth as a positive investment in the future S. 3431. A bill to establish expanded learn- Pollution Control Act to update a program of the United States; to the Committee on ing time initiatives, and for other purposes; to provide assistance for the planning, de- the Judiciary. to the Committee on Health, Education, sign, and construction of treatment works to By Mr. CORNYN (for himself and Mrs. Labor, and Pensions. intercept, transport, control, or treat munic- HUTCHISON):

VerDate Aug 31 2005 03:23 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.048 S01AUPT1 erowe on PRODPC61 with SENATE S8036 CONGRESSIONAL RECORD — SENATE August 1, 2008 S. Res. 645. A resolution honoring the life ocean observations for the Nation’s sponsor of S. 2510, a bill to amend the of Anne Legendre Armstrong; to the Com- coasts, oceans, and Great Lakes, to im- Public Health Service Act to provide mittee on the Judiciary. prove warnings of tsunami, hurricanes, revised standards for quality assurance By Mr. SHELBY (for himself and Mrs. El Nino events, and other natural haz- in screening and evaluation of LINCOLN): S. Res. 646. A resolution recognizing and ards, to enhance homeland security, to gynecologic cytology preparations, and supporting the goals and ideals of National support maritime operations, to im- for other purposes. Runaway Prevention Month; to the Com- prove management of coastal and ma- At the request of Mr. BARRASSO, his mittee on Health, Education, Labor, and rine resources, and for other purposes. name was added as a cosponsor of S. Pensions. S. 999 2510, supra. By Ms. MURKOWSKI (for herself, Mr. At the request of Mr. COCHRAN, the S. 2511 JOHNSON, Mrs. MURRAY, Mr. SPECTER, name of the Senator from Utah (Mr. At the request of Mr. LEAHY, the Mr. COLEMAN, Mr. STEVENS, and Mr. name of the Senator from Delaware HATCH): BENNETT) was added as a cosponsor of S. Res. 647. A resolution designating Sep- S. 999, a bill to amend the Public (Mr. BIDEN) was added as a cosponsor of tember 9, 2008, as ‘‘National Fetal Alcohol Health Service Act to improve stroke S. 2511, a bill to amend the grant pro- Spectrum Disorders Awareness Day’’; to the prevention, diagnosis, treatment, and gram for law enforcement armor vests Committee on the Judiciary. rehabilitation. to provide for a waiver of or reduction By Mr. DODD (for himself, Mr. S. 1070 in the matching funds requirement in LIEBERMAN, Mr. REED, and Mr. the case of fiscal hardship. WHITEHOUSE): At the request of Mr. HATCH, the S. 2579 S. Res. 648. A resolution recognizing the name of the Senator from North Caro- 50th anniversary of the crossing of the North lina (Mrs. DOLE) was added as a cospon- At the request of Mr. INOUYE, the Pole by the USS Nautilus (SSN 571) and its sor of S. 1070, a bill to amend the So- name of the Senator from Delaware significance in the history of both our Na- cial Security Act to enhance the social (Mr. BIDEN) was added as a cosponsor of tion and the world; to the Committee on security of the Nation by ensuring ade- S. 2579, a bill to require the Secretary Armed Services. quate public-private infrastructure and of the Treasury to mint coins in rec- By Ms. CANTWELL (for herself and to resolve to prevent, detect, treat, in- ognition and celebration of the estab- Mr. SMITH): lishment of the United States Army in S. Res. 649. A resolution designating Sep- tervene in, and prosecute elder abuse, tember 18, 2008, as ‘‘National Attention Def- neglect, and exploitation, and for other 1775, to honor the American soldier of icit Disorder Awareness Day’’; to the Com- purposes. both today and yesterday, in wartime and in peace, and to commemorate the mittee on the Judiciary. S. 1287 By Mr. REED (for himself, Mr. BAUCUS, traditions, history, and heritage of the At the request of Mr. SMITH, the Mr. WHITEHOUSE, and Mr. TESTER): United States Army and its role in S. Res. 650. A resolution recognizing the name of the Senator from Alabama American society, from the colonial importance of National Neighbor Day, Na- (Mr. SESSIONS) was added as a cospon- period to today. tional Good Neighbor Day, and National sor of S. 1287, a bill to amend the Inter- S. 2667 Neighborhood Day; to the Committee on the nal Revenue Code of 1986 to allow an At the request of Mr. MENENDEZ, the Judiciary. offset against income tax refunds to name of the Senator from Alaska (Ms. By Mr. NELSON of Florida (for him- pay for State judicial debts that are MURKOWSKI) was added as a cosponsor self, Mrs. BOXER, Mr. BROWN, Mr. past-due. CARDIN, Mr. CORNYN, Mrs. HUTCHISON, of S. 2667, a bill to direct the Attorney S. 2227 Ms. LANDRIEU, Mr. MARTINEZ, Ms. MI- General to make an annual grant to KULSKI, Mr. OBAMA, Mr. SESSIONS, At the request of Mr. LAUTENBERG, the A Child Is Missing Alert and Recov- Mr. SHELBY, Mr. VITTER, and Mr. his name was added as a cosponsor of ery Center to assist law enforcement VOINOVICH): S. 2227, a bill to provide grants to S. Res. 651. A resolution honoring the Na- agencies in the rapid recovery of miss- States to ensure that all students in ing children, and for other purposes. tional Aeronautics and Space Administra- the middle grades are taught an aca- tion on the 50th anniversary of its establish- S. 2920 demically rigorous curriculum with ef- ment; to the Committee on Commerce, At the request of Mr. KERRY, the Science, and Transportation. fective supports so that students com- names of the Senator from Washington plete the middle grades prepared for f (Mrs. MURRAY) and the Senator from success in high school and postsec- ADDITIONAL COSPONSORS Tennessee (Mr. CORKER) were added as ondary endeavors, to improve State cosponsors of S. 2920, a bill to reauthor- S. 689 and district policies and programs re- ize and improve the financing and en- At the request of Mr. LUGAR, the lating to the academic achievement of trepreneurial development programs of name of the Senator from New York students in the middle grades, to de- the Small Business Administration, (Mrs. CLINTON) was added as a cospon- velop and implement effective middle and for other purposes. school models for struggling students, sor of S. 689, a bill to amend the Inter- S. 3012 and for other purposes. nal Revenue Code of 1986 to perma- At the request of Mr. LEAHY, the nently extend and expand the chari- S. 2330 name of the Senator from Delaware table deduction for contributions of At the request of Mr. LAUTENBERG, (Mr. BIDEN) was added as a cosponsor of food inventory. his name was added as a cosponsor of S. 3012, a bill to amend title I of the S. 771 S. 2330, a bill to authorize a pilot pro- Omnibus Crime Control and Safe At the request of Mr. HARKIN, the gram within the Departments of Vet- Streets Act of 1968 to extend the au- name of the Senator from California erans Affairs and Housing and Urban thorization of the Bulletproof Vest (Mrs. BOXER) was added as a cosponsor Development with the goal of pre- Partnership Grant Program through of S. 771, a bill to amend the Child Nu- venting at-risk veterans and veteran fiscal year 2012. trition Act of 1966 to improve the nu- families from falling into homeless- S. 3187 trition and health of schoolchildren by ness, and for other purposes. At the request of Mr. HAGEL, the updating the definition of ‘‘food of S. 2469 name of the Senator from Michigan minimal nutritional value’’ to conform At the request of Mr. INOUYE, the (Ms. STABENOW) was added as a cospon- to current nutrition science and to pro- name of the Senator from Florida (Mr. sor of S. 3187, a bill to establish a com- tect the Federal investment in the na- NELSON) was added as a cosponsor of S. prehensive interagency response to re- tional school lunch and breakfast pro- 2469, a bill to amend the Communica- duce lung cancer mortality in a timely grams. tions Act of 1934 to prevent the grant- manner. S. 950 ing of regulatory forbearance by de- S. 3208 At the request of Ms. SNOWE, the fault. At the request of Mr. CONRAD, the name of the Senator from Rhode Island S. 2510 name of the Senator from Arkansas (Mr. REED) was added as a cosponsor of At the request of Mr. ISAKSON, the (Mrs. LINCOLN) was added as a cospon- S. 950, a bill to develop and maintain name of the Senator from Tennessee sor of S. 3208, a bill to amend the Inter- an integrated system of coastal and (Mr. ALEXANDER) was added as a co- nal Revenue Code of 1986 to provide tax

VerDate Aug 31 2005 03:23 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.050 S01AUPT1 erowe on PRODPC61 with SENATE August 1, 2008 CONGRESSIONAL RECORD — SENATE S8037 incentives for clean coal technology, S. 3407 legislation and have enjoyed working and for other purposes. At the request of Mr. BURR, the with them on the issue of sunscreen la- S. 3269 names of the Senator from Georgia beling. This is an issue I have been At the request of Mr. WYDEN, the (Mr. ISAKSON) and the Senator from working on for more than a decade. I name of the Senator from New York New York (Mrs. CLINTON) were added as also want to thank the many outside (Mrs. CLINTON) was added as a cospon- cosponsors of S. 3407, a bill to amend organizations who support this legisla- sor of S. 3269, a bill to require the Sec- title 10, United States Code, to author- tion including the American Cancer retary of Commerce to establish an ize commanders of wounded warrior Society, the Melanoma Research Foun- award program to honor achievements battalions to accept charitable gifts on dation, and many others as well as the in nanotechnology, and for other pur- behalf of the wounded members of the leading U.S. manufacturers of sun- poses. Armed Forces assigned to such battal- screen, Banana Boat and Hawaiian S. 3325 ions. Tropic. As we head into yet another steamy, At the request of Mr. LEAHY, the S. RES. 622 name of the Senator from Rhode Island At the request of Mr. GRAHAM, the sweltering summer locally in Wash- ington, DC, and as Americans through- (Mr. WHITEHOUSE) was added as a co- name of the Senator from Arkansas sponsor of S. 3325, a bill to enhance (Mr. PRYOR) was added as a cosponsor out the country hit the outdoors to remedies for violations of intellectual of S. Res. 622, a resolution designating enjoy a relaxing time at beaches, back- property laws, and for other purposes. the week beginning September 7, 2008, yard barbeques and parks, we cannot forget how important it is to protect S. 3337 as ‘‘National Historically Black Col- leges and Universities Week’’. our skin from the sun’s damaging rays. At the request of Mr. ROBERTS, the However, I am profoundly dis- S. RES. 625 name of the Senator from Minnesota appointed to report that yet another At the request of Mr. HAGEL, the (Mr. COLEMAN) was added as a cospon- summer is passing us by without ade- names of the Senator from Wisconsin sor of S. 3337, a bill to require the Sec- quate sunscreen labeling to protect (Mr. FEINGOLD), the Senator from retary of Agriculture to carry out con- consumers from harmful ultraviolet ra- South Dakota (Mr. THUNE), the Sen- servation reserve program notice CRP- diation, including UVA and UVB. ator from Montana (Mr. BAUCUS) and 598, entitled the ‘‘Voluntary Modifica- Americans are being left in the lurch the Senator from Kansas (Mr. ROB- tion of Conservation Reserve Program by the inaction of the Food and Drug ERTS) were added as cosponsors of S. (CRP) Contract for Critical Feed Use’’. Administration, which has failed to Res. 625, a resolution designating Au- S. 3362 issue comprehensive and consistent gust 16, 2008, as National Airborne Day. At the request of Mr. KERRY, the standards for measuring and labeling names of the Senator from Michigan S. RES. 636 sunscreen products for their protective (Mr. LEVIN) and the Senator from Ohio At the request of Mr. LIEBERMAN, the value and for guarding against false (Mr. BROWN) were added as cosponsors names of the Senator from Georgia claims on sunscreen products. of S. 3362, a bill to reauthorize and im- (Mr. ISAKSON), the Senator from Ari- Americans may be surprised to learn prove the SBIR and STTR programs, zona (Mr. KYL) and the Senator from that the Sun Protection Factor, SPF, and for other purposes. Nevada (Mr. ENSIGN) were added as co- number on the sunscreen they buy at S. 3375 sponsors of S. Res. 636, a resolution rec- their local convenience store or super- ognizing the strategic success of the At the request of Mr. WYDEN, the market measures only the level of UVB name of the Senator from Maine (Ms. troop surge in Iraq and expressing grat- protection provided by the sunscreen. itude to the members of the United SNOWE) was added as a cosponsor of S. It does not include a measure of the 3375, a bill to prohibit the introduction States Armed Forces who made that level of UVA protection. UVB has long or delivery for introduction into inter- success possible. been associated with sunburn while state commerce of novelty lighters, AMENDMENT NO. 4979 UVA has been recognized as a deeper and for other purposes. At the request of Mr. NELSON of Flor- penetrating radiation that contributes S. 3398 ida, the names of the Senator from to skin cancer. While many products Maine (Ms. COLLINS) and the Senator claim to offer UVA protection, that At the request of Mr. DURBIN, his name was added as a cosponsor of S. from Texas (Mrs. HUTCHISON) were claim is not backed by enforceable, 3398, a bill to amend the Federal Food, added as cosponsors of amendment No. FDA-recommended standards by which Drug, and Cosmetic Act with respect to 4979 intended to be proposed to S. 3001, those claims can be substantiated. The FDA’s standards for sunscreen liability under State and local require- an original bill to authorize appropria- testing and labeling lag 30 years behind ments respecting devices. tions for fiscal year 2009 for military activities of the Department of De- our knowledge of the dangers of sun ex- S. 3401 fense, for military construction, and posure. Research tells us that indi- At the request of Mr. GRAHAM, the for defense activities of the Depart- vidual risk of melanoma, the most seri- name of the Senator from Missouri ment of Energy, to prescribe military ous form of skin cancer, is associated (Mr. BOND) was added as a cosponsor of personnel strengths for such fiscal with the intensity of sunlight that a S. 3401, a bill to provide for habeas cor- year, and for other purposes. person receives over a lifetime. In 2008, pus review for terror suspects held at f it is estimated there will be more than Guantanamo Bay, Cuba, and for other 1 million new cases of skin cancers and purposes. STATEMENTS ON INTRODUCED 62,480 new cases of melanoma, the dead- S. 3406 BILLS AND JOINT RESOLUTIONS liest form of skin cancer. Tragically, At the request of Mr. HARKIN, the By Mr. DODD (for himself, Mr. there will be as many as 8,420 deaths names of the Senator from North Caro- REED, Mr. KERRY, Mr. CARPER, from melanoma this year. lina (Mrs. DOLE), the Senator from Mrs. CLINTON, and Mr. BIDEN): Many sunscreen products carry California (Mrs. BOXER), the Senator S. 3425. A bill to make effective the claims that they protect against can- from California (Mrs. FEINSTEIN), the proposed rule of the Food and Drug Ad- cer-causing UVA rays, but without Senator from Minnesota (Ms. ministration relating to sunscreen FDA action to set standards for testing KLOBUCHAR), the Senator from Michi- drug products, and for other purposes; and labeling, these claims can’t be gan (Ms. STABENOW), the Senator from to the Committee on Health, Edu- validated. Indeed, an analysis released Wisconsin (Mr. KOHL), the Senator cation, Labor, and Pensions. earlier this summer found that many from Arkansas (Mrs. LINCOLN), the Sen- Mr. DODD. Mr. President, I rise sunscreen products have misleading la- ator from New Jersey (Mr. MENENDEZ) today along with Senators JACK REED, bels that make unsubstantiated claims. and the Senator from Oregon (Mr. JOHN KERRY, TOM CARPER, HILLARY Senator JACK REED of Rhode Island WYDEN) were added as cosponsors of S. RODHAM CLINTON, and JOE BIDEN to in- and I, along with many of my col- 3406, a bill to restore the intent and troduce the Sunscreen Labeling Pro- leagues on both sides of the aisle, have protections of the Americans with Dis- tection Act of 2008, or the SUN Act. I repeatedly urged the FDA—for over a abilities Act of 1990. thank them for their support of this decade now—to follow through with its

VerDate Aug 31 2005 03:23 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.058 S01AUPT1 erowe on PRODPC61 with SENATE S8038 CONGRESSIONAL RECORD — SENATE August 1, 2008 development of standards. We have CANCER ACTION NETWORK, leaders, joined together to advocate for written letters to the FDA dating back July 30, 2008. stronger standards for sunscreen protection, more than ten years, we have made Hon. CHRISTOPHER J. DODD, I am writing you to express our strong sup- phone calls, we have asked questions at U.S. Senate, Russell Senate Office Building, port for the Sunscreen Labeling Protection Washington, DC. Act of 2008 (SUN Act). This legislation would hearings, and we even directed the DEAR SENATOR DODD: On behalf of the vol- provide for the enactment within 180 days of FDA to issue final labeling for UVA unteers and supporters of the American Can- the sunscreen standards rule that was first and UVB in the fiscal year 2006 Agri- cer Society Cancer Action NetworksSM (ACS proposed by the Food and Drug Administra- culture Appropriations bill. CAN), the partner advocacy organization of tion (FDA) in August 2007, and has yet been The American Cancer Society, the the American Cancer Society, we want to ex- acted upon. We applaud your leadership in American Academy of Dermatology, press our thanks for your leadership in intro- advancing federal sunscreen standards to and numerous other organizations ducing the Sunscreen Labeling Protection protect Americans against cancer-causing speak of the value of using sunscreen Act of 2008 (SUN Act). The SUN Act will di- UVB and UVA rays. rect the Food and Drug Administration The delay in upgrading U.S. sunscreen to protect our skin from damaging (FDA) to issue final regulations related to standards, which has dragged on for now UVA and UVB rays as an important labeling for sunscreen products. close to 20 years, can no longer be tolerated. step in preventing skin cancer. For Skin cancer is the most common of all can- Several other countries, including the Euro- years, we have heard their repeated cer types with more than one million skin pean Union, already have strong sunscreen cries for industry-wide standards that cancer diagnoses each year in the United standards that provide protection from both will help Americans protect themselves States. Because exposure to ultraviolet (UV) UVA and UVB rays for their citizens. Your from a preventable cause of cancer. radiation from the sun is the most important legislation will assure that the FDA issues And still there is no final action by the known risk fact for skin cancers, we believe final standards for UVA and UVB protection this long-awaited proposal from the FDA within 180 days of enactment and thus pro- FDA. will better inform consumers on the value vide Americans with vitally important pro- The public deserves better. If you and limits of sunscreen use. tection against skin cancer, premature take one look at the startling numbers We have provided extensive comments on aging, and skin damage. of Americans who will be diagnosed the FDA proposed rules to ensure that the A comprehensive FDA rule would require with skin cancer this year and who will new regulations will require the most accu- that sunscreen manufacturers properly label likely die from this disease, it is clear rate and user-friendly presentation of sun products so consumers will know the level of that the public must know that what protection possible on sunscreen products. protection provided in the sunscreen they they read on the label of a sunscreen The majority of skin cancers are caused pri- use for themselves and their families. Today, product represents a scientifically marily by UVB rays, and we know that UV the average American using sunscreens that exposure from the sun increases the risk of are commercially available in this country valid claim of protection from both skin cancer, premature skin aging and other mistakenly believes that the product is pro- UVA and UVB radiation. skin damage. Therefore, it is important to viding equal protection for both UVB and Almost a year ago, the FDA issued a decrease UV exposure by wearing protective UVA exposure. In reality Sun Protection proposed rule that would set standards clothing, seeking shade whenever possible, Factor designations only apply only to UVB for testing and labeling sunscreen that and using a sunscreen with a high enough rays, those that primarily cause sunburn, includes UVA and UVB. I applaud this SPF Value to protect against some level of and do not protect against UVA rays which progress. It was a long time in coming. both UVB and UVA rays. ACS CAN believes cause skin cancer and other skin damage. But I must reiterate that until the pro- that by raising the highest labeled sun pro- Compelling facts drive the need for change: posed rule is finalized, consumers and tection factor (SPF) Value from 30 to 50 and According to the American Cancer Society one million new cases of skin cancer will be manufacturers lack an enforceable, including a UVA protection measure, con- sumers will be able to better select their pro- diagnosed in the United States this year and consistent and comprehensive standard tection level. over 10,000 Americans will die from the dis- for testing and labeling of sunscreen ACS CAN views cancer prevention as the ease. Every year the FDA proposal is delayed products. most important attribute of sunscreens, and leaves our citizens at increased risk. It is That is why I am introducing the there is now convincing evidence that con- critical to the health and welfare of the U.S. SUNscreen Labeling Protection Act of sistent use of appropriate sunscreens will re- public to have access to strong, protective 2008, or the SUN Act. This simple, sult in the prevention of squamous cell car- sunscreens they can trust. On behalf of the straightforward bill gives the FDA 180 cinoma of the skin and may lower melanoma Citizens for Sun Protection, I wish to once days from the date of enactment to fi- risk. Hence it is our strong conviction that again affirm our strong support for the SUN all sunscreen packages must note the impor- Act. We applaud your efforts to establish nalize the proposed rule for comprehen- tance of applying sunscreen before going into strong standards and an accurate labeling sive labeling, including formulation, the sun and reapplying as needed. We hope system for UVA and UVB protection in the testing and labeling requirements for the new FDA regulations will help to achieve United States. both UVA and UVB, after which point this by requiring a principle display panel on Sincerely, the proposed rule would become effec- packages that is simple and easy for con- ROBERT F. HURLEY, tive. sumers to read, so they have clear directions Executive Director. I cannot emphasize enough the im- on sun safety to make the most appropriate portance of this issue. The public con- choice about protection levels. ENVIRONMENTAL WORKING GROUP, tinues to be misled by false claims that Again, ACS CAN is encouraged that the Washington, DC, July 30, 2008. SUN Act may finally lead to implementation cannot be effectively challenged be- Hon. CHRISTOPHER J. DODD, of new regulations related to sunscreen la- Chair, Subcommittee on Children and Families, cause there are no enforceable FDA beling, and we look forward to working with Committee on Health, Education, Labor and standards for measuring and labeling Congress and the FDA to provide consumers Pensions, U.S. Senate, Washington, DC. UVA protection. with the most accurate and forthright infor- DEAR MR. CHAIRMAN: As the summer sun is If the FDA would finalize its pro- mation regarding sun protection and sun- upon us, we are again reminded of the need posed rule including UVA and UVB pro- screen use. If we can ever be of assistance or to ensure that sunscreens protect consumers tection, this legislation would not be provide information, please contact Kelly from the damaging rays of both ultraviolet A necessary. But, a year and an entire Green Kahn, Associate Director, Federal Re- (UVA) and ultraviolet B (UVB) radiation. summer season has nearly passed since lations. The Food and Drug Administration first pro- posed to set safety standards in 1978, yet the rule was proposed, as have decades Sincerely, DANIEL E. SMITH, failed to act. That is why EWG supports the of inaction prior to the proposed rule President, Sunscreen Labeling Protection Act of 2008, even being issued. All the while, con- DICK WOODRUFF, The SUN Act, which would require FDA to sumers have gone without the informa- Senior Director, Fed- finalize sunscreen safety standards within 6 tion and protection they need which is eral Relations. months, ending 30 years of delay. what makes this legislation so critical. The need for these standards is clear. A re- I urge my colleagues to support this CITIZENS FOR SUN PROTECTION, cent EWG study found that 85 percent of sun- critically important bill. Washington, DC, July 30, 2008. screens that we tested do not offer enough Mr. President, I ask unanimous con- Hon. CHRISTOPHER DODD, protection from UV rays, are made with po- tentially harmful ingredients, or have not sent that letters of support be printed Russell Senate Office Building, Washington, DC. been tested for safety. Many products on the in the RECORD. DEAR SENATOR DODD, On behalf of the Citi- market present obvious safety and effective- There being no objection, the mate- zens for Sun Protection, an organization of ness concerns, including one of every seven rial was ordered to be placed in the parents, cancer survivors, healthcare profes- that does not protect from UVA radiation. RECORD, as follows: sionals, business advocates and community Overall we identified 143 products that offer

VerDate Aug 31 2005 03:23 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.075 S01AUPT1 erowe on PRODPC61 with SENATE August 1, 2008 CONGRESSIONAL RECORD — SENATE S8039 very good sun protection with ingredients days, or on approximately 1000 instruc- cessful expanded learning time pro- that present minimal health risks to users. tional hours, per school year. This grams, and both benefit from effective Many sunscreens: lack UVA protection; means that American students are programming. break down in the sun; make questionable spending fewer than 20 percent of their States have begun to explore ex- product claims, i.e. ‘‘waterproof’’; contain panded learning programs, and have nano-scale materials that raise questions; waking hours in school. and absorb into the blood. In the recent National Research demonstrated their effectiveness. In These problems are aggravated by the fact Council report entitled, How People Massachusetts, 10 schools converted that FDA has not finalized comprehensive Learn, the authors comment on the im- their calendars to expand the manda- sunscreen safety standards, called the ‘‘Sun- portance of being realistic about the tory number of school days and the screen Monograph,’’ they began drafting 30 amount of time it takes to learn com- number of hours within a school day. years ago. It took FDA 29 years to propose a plex subject matter. Simply put, they Outcomes include not only increased Sunscreen Monograph. It has been nearly a note that ‘‘significant learning takes student achievement, but greater year and it has yet to finalize the Mono- major investments of time.’’ The TIME school satisfaction among parents, graph. EWG hopes it will do so quickly, but after 30 years of delay, we must ensure con- Act is an initial investment that will teachers, and students. In my own sumers get the protections they believe they provide teachers and students with the State of New Mexico, expanded learn- are getting. expanded opportunities they need to ing initiatives have been pursued, in We commend you for your continued lead- achieve high quality instruction and the form of longer school days or addi- ership in this area and the introduction of learning. We know that time needs are tional school days throughout the The SUN Act. We look forward to working significant if our students are to year. Early reports demonstrate in- with you to ensure its quick passage. achieve a 21st century education. creased achievement in math and read- Sincerely, Although all students are likely to ing, beyond grade-level expectations. RICHARD WILES Executive Director. benefit from expanded learning time, Unfortunately, the funds available for we must prioritize these opportunities these initiatives are limited to vol- By Mr. REID (for Mr. KENNEDY for students who are most at risk for untary participation. We must make (for himself, Mr. BINGAMAN, and poor academic achievement. Inter- these programs become a regular part Mr. SANDERS)): national reports like the PISA study of the school day for all students and S. 3431. A bill to establish expanded demonstrate that although American teachers, particularly those who are learning time initiatives, and for other students, as a group, have poor aca- greatest risk for academic failure. purposes; to the Committee on Health, demic achievement relative to students Most districts and State educational Education, Labor, and Pensions. in other industrialized nations, this agencies do not have the capacity or Mr. BINGAMAN. Mr. President, I rise disparity is most pronounced for stu- infrastructure to guide, support, and today, along with Senators KENNEDY dents that are overrepresented among fund expanded learning day programs, and SANDERS, to introduce the Time for our Nation’s poor. In fact, the 2006 but good models for turning around Innovation Matters in Education, or PISA report shows that achievement low-performing schools do exist. Fed- TIME Act, of 2008. This bill would im- scores for White, non-Hispanic students eral support can be used to build prove and expand students’ instruc- meet or exceed average scores reported States’ and schools’ capacity based on tional time, while ensuring rigorous across participating nations, whereas evidence from such models. standards, as a means to help close the the average scores for Black or His- Towards this goal, the TIME Act academic achievement gap that exists panic students are well below that av- will: provide incentives for States and for so many of our disadvantaged stu- erage. local educational agencies to develop dents. Likewise, although research has dem- plans for research-based, sustainable, The fundamental principle under- onstrated that all students are at risk and replicable expanded learning pro- lying this bill is that the amount of in- for losing educational gains during the grams, for high-priority schools, with a structional time provided by the vast extended summer breaks that are cur- focus on increasing rigorous and varied majority of school calendars is simply rently the norm for most schools, chil- instructional opportunities for stu- inadequate for today’s students and dren from low income households expe- dents and teachers; allow local edu- teachers. Teachers need more time to rience significantly greater achieve- cational agencies to determine appro- plan and deliver instruction, and stu- ment losses during summer breaks be- priate objectives of their extended dents need more time for 21st century cause they lack opportunities to attend learning programs, such as increasing learning. the quality summer programs available math and science scores for all stu- The demands on 21st century learners to their less disadvantaged peers. Each dents, enhance art or physical edu- reflect the rapid increase in techno- year, this disparity contributes to the cation, or increase academic English logical advances that we have all expe- growing achievement gap. Researchers proficiency for English language learn- rienced in the last 30 or 40 years. Twen- have shown us that these out-of-school ers; encourage States to take a leader- ty first century learning demands an experiences account for most of the ship role and deliver technical assist- increase in the rigor of mathematics achievement difference observed by 9th ance to schools that implement such and science education, and the acquisi- grade, which in turn influences when programs; encourage schools to form tion of subject area knowledge in areas and whether students will graduate partnerships with organizations that that simply did not exist years ago, from high school and attend postsec- have successful track records in sup- such as computer literacy. These in- ondary school. Investing in more time porting or delivering effective ex- creased demands should not be met at during the school year can help to di- panded learning programs; and pro- the expense of ignoring other subjects minish these achievement gaps, im- mote research on expanded learning such as social studies, art, and physical prove graduation rates, and make a program implementation, through education. Yet, these other areas are lasting difference in these students’ local, State, and national data collec- often ignored to allow for time for lives. tion efforts. The results of these eval- some of the major academic subjects. But effective expanded learning op- uations can inform best practices for That is the consequence of failing to portunities require more than just future delivery of expanded learning match the gradual increase in edu- more time. The time must be well models to additional schools. cational demands with a corresponding spent. Students must be appropriately I would like to thank Chairman KEN- increase in instructional time. engaged in their learning, and teachers NEDY for his leadership on this legisla- Instead, here we are in the 21st cen- must have the training and support to tion, and for his ongoing commitment tury, continuing to adhere to a school use the longer school time effectively. to enhancing educational opportunities calendar that was established over 100 Researchers have identified that ex- for all Americans; particularly our years ago, and which was designed to panded learning time benefits teachers, most disadvantaged youths. Moreover, accommodate a predominantly agricul- by providing more opportunities for co- Senator KENNEDY’s State of Massachu- tural society. In nearly every State, operative planning and more time to setts is a leader in school-wide ex- the school calendar is based on ap- individualize instruction. Involved stu- panded learning initiatives. Massachu- proximately 180 or fewer instructional dents and teachers are critical to suc- setts has demonstrated that expanded

VerDate Aug 31 2005 03:38 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.103 S01AUPT1 erowe on PRODPC61 with SENATE S8040 CONGRESSIONAL RECORD — SENATE August 1, 2008 learning enhances students’ success, Among other things, the Declaration position to evaluate whether the agree- and it has done so in formerly strug- contemplates ‘‘providing security as- ment will create obligations—either gling schools in some of the State’s surances and commitments to the Re- legal or political—that will constrain poorest school districts. public of Iraq to deter foreign aggres- the next administration, whether The TIME Act expands upon these sion against Iraq’’ and supporting Iraq Democratic or Republican. The Presi- models of success by promoting similar ‘‘in its efforts to combat all terrorist dent cannot make such a sweeping initiatives across the country. I hope groups,’’ including Al-Qaeda, commitment on his own authority. that this legislation will be incor- Saddamists, and ‘‘all other outlaw Congress must grant approval. The leg- porated into reauthorization of the El- groups regardless of affiliation.’’ In islation we introduce today requires ementary and Secondary Education other words, all the folks fighting in that Congress be made part of the proc- Act, and I urge my colleagues to sup- Iraq and killing each other. ess. port it. The Declaration may result in two I have often stated that no foreign Like my colleagues Senator KENNEDY pacts. One would be a ‘‘Strategic policy can be sustained without the in- and SANDERS, I believe that all stu- Framework Agreement’’ that will ‘‘set formed consent of the American peo- dents deserve the time needed for a the broad parameters of the overall bi- ple. More than 5 years ago, President quality education. I also believe that lateral relationship in every field,’’ ac- Bush went to war in Iraq without gain- all schools should expand well beyond cording to the U.S. Ambassador to ing that consent—by overstating the their current limited calendar, espe- Iraq, Ryan Crocker. This might be bet- intelligence and understating the dif- cially if America is to maintain and in- ter titled ‘‘What the United States will ficulty, cost and duration of the mis- crease its competitive edge in the glob- do for Iraq,’’ because it consists mostly sion. al economy. We must invest in a sys- of a series of promises that flow in one In the final months of his term, tematic approach to improving schools direction—promises by the United President Bush is once again acting so that every child graduates prepared States to a sectarian government that without the informed consent of the for success. The TIME Act is an initial has thus far failed to reach the polit- American people, putting us on a investment toward this goal. ical compromises necessary to build a course to commit the Nation to a new stable country. phase of a long war in Iraq, and there- By Mr. BIDEN (for himself, Mr. The second agreement is a ‘‘Status of by bind his successors to his vision of HAGEL, Mr. CASEY, Mr. Forces Agreement’’ or SOFA, gov- U.S. policy in Iraq. By these agree- VOINOVICH, and Mr. WEBB): erning the presence of U.S. forces in ments, the President will make it hard- S. 3433. A bill to ensure that any Iraq, including their entry into the er for his successor to change course. agreement with Iraq containing a secu- country and the immunities to be Let me be clear. I support the con- rity commitment or arrangement is granted to them under Iraqi law. The cept of a Status of Forces Agreement concluded as a treaty or is approved by administration claims that this agree- with Iraq. But not at the cost of lim- Congress; to the Committee on Foreign ment is mostly ‘‘routine’’ because we iting our operational latitude or mak- Relations. have SOFAs with over 90 countries ing security commitments—legal or political—that are not approved by Mr. BIDEN. Today I join a bipartisan around the globe. But conditions our Congress. group of Senators in introducing the soldiers face in Iraq are far from ‘‘rou- Iraq Security Agreement Act of 2008. Administration officials have indi- tine,’’ despite recent improvements in cated that the Iraqi government is re- This bill, consistent with the Constitu- security. Moreover, this SOFA would tion of the United States, prohibits the sisting the inclusion of key provisions be much broader than the typical that U.S. forces need in order to oper- Bush administration from entering SOFA, from what we know. It would into a binding security agreement with ate in Iraq. Given the difficulty of se- provide us with access to bases from curing Iraq’s consent to the broad au- Iraq without the approval of Congress. which our military would operate, pro- It would also prohibit the obligation of thorities that the United States now visions that are usually in a separate has by virtue of the U.N. Security any funds to implement such an agree- facilities or ‘‘basing’’ agreement. This ment. Council Resolutions, I believe the best SOFA would also deal with contractor option for the United States at this I regret that I am compelled to intro- immunity, would permit U.S. forces to duce this legislation. If the President juncture is to seek an extension of the engage in combat operations in Iraq, current United Nations Security Coun- had embarked on these negotiations in and would provide authority for detain- a more responsible manner—by being sel resolution for Iraq. ing insurgents. This is not a typical Mr. President, I ask unanimous con- clear about the objective, by ensuring SOFA. sent that the text of the bill be printed that the agreements would not tie the One of these agreements will report- in the RECORD. hands of the next administration, by edly contain a ‘‘security arrange- There being no objection, the text of actively consulting with Congress as a ment’’—a pledge by the United States the bill was ordered to be printed in partner in the process—this bill would to consult on next steps if Iraq is the RECORD, as follows: be unnecessary. But the Administra- threatened. The Administration sug- S. 3433 tion has done none of these things, and gests that such an agreement is Be it enacted by the Senate and House of Rep- so my colleagues and I want to ensure unremarkable, and that it does not resentatives of the United States of America in that Congress, and thus the American bind the United States. But at a time Congress assembled, people, is brought into the process. when we have over 100,000 troops on the SECTION 1. SHORT TITLE. Let me take a step back and summa- ground, an expansive program to train This Act may be cited as the ‘‘Iraq Secu- rize how we got to this point. From Oc- and equip Iraqi forces, and multiple rity Agreement Act of 2008’’. tober 2003 until the present day, the U.S. military facilities, the pledge is, SEC. 2. FINDINGS. American military presence in Iraq has in reality, little different from a bind- Congress makes the following findings: (1) On November 26, 2007, President George been authorized under international ing security commitment. Certainly, law through a series of UN Security W. Bush and Prime Minister of Iraq Nouri al- the government of Iraq and its people Maliki signed the Declaration of Principles Council Resolutions. Last November, will perceive that we are signing up to for a Long-Term Relationship of Cooperation President Bush and Prime Minister defend Iraq against external threats. and Friendship Between the Republic of Iraq Maliki signed a ‘‘Declaration of Prin- Yesterday’s deadline has apparently and the United States of America (in this ciples,’’ which set out a framework for not been met. The New York Times re- Act referred to as the ‘‘Declaration of Prin- our countries to negotiate, by yester- ports, however, that the Bush adminis- ciples’’), with the goal of concluding a final day—July 31, 2008—agreements gov- tration and Iraqi government are close agreement or agreements between the erning cooperation in the political, to an agreement. But Congress still re- United States and Iraq by July 31, 2008, economic and security spheres. The ‘‘with respect to the political, cultural, eco- mains largely in the dark. nomic, and security spheres.’’ Declaration indicated that the two We have not seen draft language. We (2) The Declaration of Principles con- countries would not seek to renew the do not definitively know which por- templates the United States ‘‘providing secu- United Nations mandate for American tions of the agreement will be binding, rity assurances and commitments to the Re- troops in Iraq past December 31, 2008. and which will not be. We are not in a public of Iraq to deter foreign aggression.’’

VerDate Aug 31 2005 03:38 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.066 S01AUPT1 erowe on PRODPC61 with SENATE August 1, 2008 CONGRESSIONAL RECORD — SENATE S8041 (3) In 1992, pursuant to section 1457 of the (2) An assessment of the need to continue, fessional shoplifters to steal over-the- National Defense Authorization Act for Fis- modify, or discontinue each of those com- counter drugs, health and beauty aids, cal Year 1991 (50 U.S.C. 404c), the executive mitments and arrangements in view of the designer clothing, razor blades, baby branch submitted a report to Congress on changing international security situation. formula, electronic devices and other then-existing security commitments and ar- SEC. 5. CONSULTATION WITH CONGRESS. items from retail stores. Using sophis- rangements. Not later than 30 days after the date of the (4) The report described in paragraph (3) enactment of this Act, the Secretary of ticated means for evading anti-theft defined a ‘‘security commitment’’ as an ‘‘ob- State and the Secretary of Defense shall con- measures, and often the assistance of ligation, binding under international law, of sult with the appropriate congressional com- employees at stores, the thieves target the United States to act in the common de- mittees about the negotiations pursuant to 10–15 stores per day. They steal thou- fense in the event of an armed attack on the Declaration of Principles. After the ini- sands of dollars worth of items from that country.’’ The report noted that all cur- tial consultation, the Secretary of State and each store and deliver the items to a rent security commitments of the United the Secretary of Defense shall keep such processing and storage location. There, States are ‘‘embodied in treaties which re- committees fully and currently informed re- teams of workers sort the items, re- ceive the advice and consent of the Senate.’’ garding the status of the negotiations. Prior (5) The report defined a ‘‘security arrange- to finalizing any agreement that includes a move anti-theft tracking devices, and ment’’ as a ‘‘pledge by the United States to security commitment or security arrange- remove labels that identify the items take some action in the event of a threat to ment with Iraq, the Secretary of State with a particular store. In some in- that country’s security. Security arrange- should provide the text of the agreement to stances, they change the expiration ments typically oblige the United States to the appropriate congressional committees. date, replace the label with that of a consult with a country in the event of a SEC. 6. PROHIBITIONS. more expensive product, or dilute the threat to its security. They may appear in (a) PROHIBITION ON ENTRY INTO FORCE OF product and repackage the modified legally-binding agreements, such as treaties CERTAIN AGREEMENTS.—No agreement con- contents in seemingly-authentic pack- or executive agreements, or in political doc- taining a security commitment to, or secu- aging. The items are then stored in a uments, such as policy declarations by the rity arrangement with, the Republic of Iraq, President, Secretary of State or Secretary of may enter into force except pursuant to Ar- warehouse, often under poor conditions Defense.’’ ticle II, section 2, clause 2 of the Constitu- that result in the deterioration of the (6) The United States Ambassador to Iraq, tion of the United States (relating to the contents. Ryan Crocker, has stated that the agree- making of treaties) or unless authorized by a Organized retail crime rings typi- ments to be concluded as anticipated by the law enacted on or after the date of the enact- cally sell their stolen merchandise in Declaration of Principles will ‘‘deal with the ment of this Act pursuant to Article I, sec- different markets, including flea mar- status of U.S. and coalition forces in Iraq tion 7, clause 2 of the Constitution (relating kets, swap-meets, and online auction past 2008’’ and ‘‘set the broad parameters of to the enactment of laws). sites. Online sales are of particular the overall bilateral relationship in every (b) PROHIBITION ON USE OF FUNDS.—No field’’. funds may be obligated or expended to imple- concern, since the internet reaches a (7) On November 26, 2007, Assistant to the ment an agreement containing a security worldwide market and allows sellers to President and Deputy National Security Ad- commitment to, or security arrangement operate anonymously and maximize re- visor for Iraq and Afghanistan, Lieutenant with, the Republic of Iraq, unless it enters turn. A growing number of multi-mil- General Douglas Lute, stated, ‘‘We don’t an- into force pursuant to Article II, section 2, lion dollar organized retail crime cases ticipate now that these negotiations [under clause 2 of the Constitution of the United involve internet sales. For example, in the Declaration of Principles] will lead to . . . States or is authorized by a law enacted on Florida recently law enforcement formal inputs from Congress.’’ or after the date of the enactment of this agents arrested 20 people in a $100 mil- Act pursuant to Article I, section 7, clause 2 SEC. 3. SENSE OF CONGRESS. lion case involving the sale of stolen It is the sense of Congress that— of the Constitution. (1) any agreement that sets forth the (c) POINT OF ORDER.—It shall not be in health and beauty aids on an online ‘‘broad parameters of the overall bilateral order for either House of Congress to con- auction site and at flea markets. relationship [as between the United States sider any bill, resolution, amendment, or Organized retail crime has a variety and the Republic of Iraq] in every field,’’ par- conference report that provides budget au- of harmful effects. Retailers and the ticularly one that includes a security com- thority for the implementation of an agree- FBI estimate that it costs retailers bil- mitment or arrangement provided to the Re- ment entered into in contravention of sub- lions of dollars in revenues and costs public of Iraq by the United States, would re- section (a). states hundreds of millions of dollars sult in serious military, political, and eco- SEC. 7. APPROPRIATE CONGRESSIONAL COMMIT- in sales tax revenues. With respect to TEES DEFINED. nomic obligations for the United States, and certain products, such as baby formula thus, consistent with past practice, should In this Act, the term ‘‘appropriate congres- involve a joint decision by the executive and sional committees’’ means— and diabetic test strips, improper stor- legislative branches; and (1) the Committee on Armed Services of age and handling by thieves creates a (2) a short-term extension of the mandate the Senate; serious public safety risk when the of the Multi-National Force in Iraq (cur- (2) the Committee on Foreign Relations of products are resold. The proceeds of or- rently provided by United Nations Security the Senate; ganized retail crime are often used to Council Resolution 1790 (2007)), would, in (3) the Committee on Armed Services of finance other forms of criminal behav- the House of Representatives; and concert with Iraqi law, provide United States ior, including gang activity and drug forces with the authorities, privileges, and (4) the Committee on Foreign Affairs of the House of Representatives. trafficking. immunities necessary for those forces to The Combating Organized Retail carry out their mission in Iraq. Crime Act would address this problem SEC. 4. ANNUAL REPORT ON SECURITY AGREE- By Mr. DURBIN: MENTS. S. 3434. A bill to combat organized in several ways. First, it would tough- (a) REPORTS REQUIRED.—Not later than 180 crime involving the illegal acquisition en the criminal code’s treatment of or- days after date of the enactment of this Act, of retail goods for the purpose of sell- ganized retail crime by refining certain and every February 1 thereafter, the Presi- ing those illegally obtained goods offenses to capture conduct that is cur- dent shall submit to the appropriate congres- through physical and online retail mar- rently being committed by individuals sional committees a report (in both classi- ketplaces; to the Committee on the Ju- engaged in organized retail crime, and fied and unclassified form) on United States diciary. by requiring the U.S. Sentencing Com- security commitments to, and arrangements with, other countries. Mr. DURBIN. Mr. President, I rise to mission to consider relevant sen- (b) CONTENT.—Each report submitted under discuss legislation that I am intro- tencing guideline enhancements. subsection (a) shall include the following: ducing today, the it Combating Orga- Second, the bill would require phys- (1) The text, and a description, of each se- nized Retail Crime Act of 2008. ical retail marketplaces, such as flea curity commitment to, or arrangement with, This bill addresses a persistent and markets, and online retail market- one or more other countries, whether based growing problem that costs retailers places, such as auction websites, to re- upon— billions of dollars and poses serious view the account of a seller and file a (A) a formal document (including a mutual health and safety risks for consumers. suspicious activity report with the Jus- defense treaty, a status of forces agreement, Organized retail crime involves the co- tice Department when presented with a pre-positioning arrangement or agreement, an access agreement, or a non-binding dec- ordinated theft of large numbers of documentary evidence showing that laration or letter); or items from retail stores with the in- the seller is selling items that were il- (B) an expressed policy, whether expressed tent to resell those items. Typically, legally obtained. If the physical or on- orally or in writing. crime organizations hire teams of pro- line retail marketplace is presented

VerDate Aug 31 2005 03:38 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.067 S01AUPT1 erowe on PRODPC61 with SENATE S8042 CONGRESSIONAL RECORD — SENATE August 1, 2008 with clear and convincing evidence billions of dollars annually and that has a (ii) the need to deter, prevent, and punish that the seller is engaged in such ille- substantial and direct effect upon interstate offenses involving organized retail crime; gal activity, it must terminate the ac- commerce. (B) consider the extent to which the Fed- tivities of the seller. This requirement (2) The illegal acquisition and black-mar- eral sentencing guidelines (including its pol- ket sale of merchandise by persons engaged icy statements) adequately address offenses will lead to greater cooperation be- in organized retail crime result in an esti- involving organized retail crime to suffi- tween retail marketplaces, retailers mated annual loss of hundreds of millions of ciently deter and punish such offenses; and law enforcement, and will result in dollars in sales and income tax revenues to (C) maintain reasonable consistency with an increased number of organized retail State and local governments. other relevant directives and sentencing crime prosecutions. (3) The illegal acquisition, unsafe tam- guidelines; Third, the bill would require high- pering and storage, and unregulated redis- (D) account for any additional aggravating volume sellers on online auction sites tribution of consumer products such as baby or mitigating circumstances that might jus- tify exceptions to the generally applicable (meaning sellers that have obtained at formula, over-the-counter drugs, and other items by persons engaged in organized retail sentencing ranges; and least $10,000 in annual gross revenues crime pose a health and safety hazard to con- (E) consider whether to provide a sen- on the site) to display a physical ad- sumers nationwide. tencing enhancement for those convicted of dress, post office box, or private mail (4) Investigations into organized retail conduct involving organized retail crime, box registered with a commercial mail crime have revealed that the illegal income where such conduct involves— receiving agency. This requirement resulting from such crime often benefits per- (i) a threat to public health and safety, in- will help online buyers get in touch sons and organizations engaged in other cluding alteration of an expiration date or of forms of criminal activity, such as drug traf- product ingredients; with sellers, and assist law enforce- (ii) theft, conversion, alteration, or re- ment agents who wish to identify peo- ficking and gang activity. (5) Items obtained through organized retail moval of a product label; ple who may be selling stolen goods on- crime are resold in a variety of different (iii) a second or subsequent offense; or line. It is analogous to a provision in marketplaces, including flea markets, swap (iv) the use of advanced technology to ac- the federal CAN–SPAM Act, which also meets, open-air markets, and Internet auc- quire retail merchandise by means of theft, requires persons who send mass emails tion websites. Increasingly, persons engaged embezzlement, fraud, false pretenses, or to disclose their physical addresses. in organized retail crime use Internet auc- other illegal means. This legislation has broad support in tion websites to resell illegally obtained SEC. 4. SALES OF ILLEGALLY OBTAINED ITEMS IN items. The Internet offers such sellers a PHYSICAL OR ONLINE RETAIL MAR- the retail industry in my home state of KETPLACES. worldwide market and a degree of anonymity Illinois and nationwide. It is supported (a) IN GENERAL.—Chapter 113 of title 18, that physical marketplace settings do not by the Illinois Retail Merchants Asso- United States Code, is amended by adding at offer. the end the following: ciation, the National Retail Federa- SEC. 3. OFFENSES RELATED TO ORGANIZED RE- ‘‘SEC. 2323. ONLINE RETAIL MARKETPLACES. tion, the Retail Industry Leaders Asso- TAIL CRIME. ‘‘(a) DEFINITIONS.—As used in this section, ciation, the Food Marketing Institute, (a) TRANSPORTATION OF STOLEN GOODS.— the following definitions shall apply: The first undesignated paragraph of section the National Association of Chain Drug ‘‘(1) HIGH VOLUME SELLER.—The term ‘high 2314 of title 18, United States Code, is amend- Stores, and the Coalition to Stop Orga- volume seller’ means a user of an online re- ed by inserting after ‘‘more,’’ the following: nized Retail Crime, whose members in- tail marketplace who, in any continuous 12- ‘‘or, during any 12-month period, of an aggre- clude such retail giants as Home gate value of $5,000 or more during that pe- month period during the previous 24 months, Depot, Target, Wal-Mart, Safeway, riod,’’. has entered into— Walgreens, and Macy’s. (b) SALE OR RECEIPT OF STOLEN GOODS.— ‘‘(A) multiple discrete sales or transactions In summary, the Combating Orga- The first undesignated paragraph of section resulting in the accumulation of an aggre- 2315 of title 18, United States Code, is amend- gate total of $20,000 or more in gross reve- nized Retail Crime Act addresses a se- nues; or rious problem that hurts businesses ed by inserting after ‘‘$5,000 or more,’’ the following: ‘‘or, during any 12-month period, ‘‘(B) 200 or more discrete sales or trans- that are struggling to survive in a of an aggregate value of $5,000 or more dur- actions resulting in the accumulation of an weak economy, and that harms con- ing that period,’’. aggregate total of $10,000 or more in gross sumers who unknowingly purchase sto- (c) FRAUD IN CONNECTION WITH ACCESS DE- revenues. len items that have been subjected to VICES.—Section 1029(e)(1) of title 18, United ‘‘(2) INTERNET SITE.—The term ‘Internet tampering. It heightens the penalties States Code, is amended by inserting ‘‘Uni- site’ means a location on the Internet that is accessible at a specific Internet domain for organized retail crime, shuts down versal Product Code label,’’ after ‘‘code,’’. (d) REVIEW AND AMENDMENT OF FEDERAL name or address under the Internet Protocol criminals who are selling stolen goods, SENTENCING GUIDELINES FOR OFFENSES RE- (or any successor protocol), or that is identi- and places valuable information about LATED TO ORGANIZED RETAIL CRIME.— fied by a uniform resource locator. illegal activity into the hands of law (1) REVIEW AND AMENDMENT.— ‘‘(3) ONLINE RETAIL MARKETPLACE.—The enforcement. This bill is a big step for- (A) IN GENERAL.—The United States Sen- term ‘online retail marketplace’ means an ward in the fight against a nationwide tencing Commission, pursuant to its author- Internet site where users other than the op- problem, and I urge my colleagues to ity under section 994 of title 28, United erator of the Internet site can enter into support it. States Code, and in accordance with this transactions with each other for the sale or Mr. President, I ask unanimous con- subsection, shall review and, if appropriate, distribution of goods or services, and in amend the Federal sentencing guidelines (in- which— sent that the text of the bill be printed cluding its policy statements) applicable to ‘‘(A) such goods or services are promoted in the RECORD. persons convicted of offenses involving orga- through inclusion in search results displayed There being no objection, the text of nized retail crime, which is the coordinated within the Internet site; the bill was ordered to be printed in acquisition of large volumes of retail mer- ‘‘(B) the operator of the Internet site— the RECORD, as follows: chandise by theft, embezzlement, fraud, false ‘‘(i) has the contractual right to supervise S. 3434 pretenses, or other illegal means from com- the activities of users with respect to such mercial entities engaged in interstate com- goods or services; or Be it enacted by the Senate and House of Rep- merce for the purpose of selling or distrib- ‘‘(ii) has a financial interest in the sale of resentatives of the United States of America in uting such illegally obtained items in the such goods or services; and Congress assembled, stream of commerce. ‘‘(C) in any continuous 12-month period SECTION 1. SHORT TITLE. (B) OFFENSES.—Offenses referred to in sub- during the previous 24 months, users other This Act may be cited as the ‘‘Combating paragraph (A) may include offenses con- than the operator of the Internet site collec- Organized Retail Crime Act of 2008’’. tained in— tively have entered into— SEC. 2. FINDINGS. (i) sections 1029, 2314, and 2315 of title 18, ‘‘(i) multiple discrete transactions for the Congress finds the following: United States Code; or sale of goods or services aggregating a total (1) Organized retail crime involves the co- (ii) any other relevant provision of the of $500,000 or more in gross revenues; or ordinated acquisition of large volumes of re- United States Code. ‘‘(ii) 1,000 or more discrete transactions for tail merchandise by theft, embezzlement, (2) REQUIREMENTS.—In carrying out the re- the sale of goods or services aggregating a fraud, false pretenses, or other illegal means quirements of this subsection, the United total of $250,000 or more in gross revenues. from commercial entities engaged in inter- States Sentencing Commission shall— ‘‘(4) OPERATOR OF AN ONLINE RETAIL MAR- state commerce, for the purpose of selling or (A) ensure that the Federal sentencing KETPLACE.—The term ‘operator of an online distributing such illegally obtained items in guidelines (including its policy statements) retail marketplace’ means a person or entity the stream of commerce. Organized retail reflect— that— crime is a growing problem nationwide that (i) the serious nature and magnitude of or- ‘‘(A) operates or controls an online retail costs American companies and consumers ganized retail crime; and marketplace; and

VerDate Aug 31 2005 03:38 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.096 S01AUPT1 erowe on PRODPC61 with SENATE August 1, 2008 CONGRESSIONAL RECORD — SENATE S8043 ‘‘(B) makes the online retail marketplace agency that is established pursuant to the operator shall report such information to available for users to enter into transactions United States Postal Service regulations. the Attorney General and notify the tran- with each other on that marketplace for the ‘‘(b) SAFEGUARDS AGAINST SALES OF ILLE- sient vendor or user that the operator will sale or distribution of goods or services. GALLY-OBTAINED ITEMS.— not terminate the activities of the transient ‘‘(5) OPERATOR OF A PHYSICAL RETAIL MAR- ‘‘(1) DUTIES OF OPERATORS OF PHYSICAL RE- vendor or user. KETPLACE.—The term ‘operator of a physical TAIL MARKETPLACES AND ONLINE RETAIL MAR- ‘‘(B) ATTORNEY GENERAL AUTHORIZATION.— retail marketplace’ means a person or entity KETPLACES TO CONDUCT ACCOUNT REVIEWS AND The Attorney General or a designee may, FILE SUSPICIOUS ACTIVITY REPORTS.—In the that rents or otherwise makes available a with respect to the timing of the operator’s event that an operator of a physical or on- physical retail marketplace to transient ven- actions pursuant to this paragraph, author- dors to conduct business for the sale of line retail marketplace is presented with ize the operator in writing to take such ac- goods, or services related to such goods. documentary evidence showing that a tran- tion prior to 21 days after submitting the re- ‘‘(6) PHYSICAL RETAIL MARKETPLACE.—The sient vendor of the physical retail market- sults of the account review to the Attorney term ‘physical retail marketplace’ may in- place, a user of the online retail market- clude a flea market, indoor or outdoor swap place, or a director, officer, employee, or General or direct the operator in writing and meet, open air market, or other similar envi- agent of such transient vendor or user, has for good cause to delay such action to a date ronment, and means a venue or event in used or is using the retail marketplace to later than 45 days after submitting the re- which physical space is made available not sell or distribute items that were stolen, em- sults of the account review. more than 4 days per week by an operator of bezzled, or obtained by fraud, false pretenses ‘‘(3) DOCUMENTARY EVIDENCE.—The docu- a physical retail marketplace as a temporary or other illegal means, or has engaged in or mentary evidence referenced in paragraphs place of business for transient vendors to is engaging in structuring, the operator (1) or (2)— conduct business for the sale of goods, or shall— ‘‘(A) shall refer to 1 or more specific items, services related to such goods; and ‘‘(A) not later than 15 days after receiving individuals, entities or transactions alleg- ‘‘(A) in which in any continuous 12-month such evidence— edly involved in theft, embezzlement, fraud, period during the preceding 24 months, there ‘‘(i) file a suspicious activity report with false pretenses, or other illegal activity; and have been 10 or more days on which 5 or the Attorney General of the United States; ‘‘(B) shall be— more transient vendors have conducted busi- and ‘‘(i) video recordings; ness at the venue or event; and ‘‘(ii) not later than 5 days after filing the ‘‘(ii) audio recordings; ‘‘(B) does not mean and shall not apply to report, notify any person or entity that pre- ‘‘(iii) sworn affidavits; an event which is organized and conducted sented the documentary evidence that the ‘‘(iv) financial, accounting, business, or for the exclusive benefit of any community operator filed the report; and sales records; chest, fund, foundation, association, or cor- ‘‘(B)(i) initiate a review of the account of ‘‘(v) records or transcripts of phone con- poration organized and operated for reli- such transient vendor or user for evidence of versations; gious, educational, or charitable purposes, illegal activity; and ‘‘(vi) documents that have been filed in a ‘‘(ii) as soon as possible, but not later than provided that no part of any admission fee or Federal or State court proceeding; or 45 days after receiving such evidence— parking fee charged vendors or prospective ‘‘(vii) signed reports to or from a law en- ‘‘(I) complete this review; and purchasers, and no part of the gross receipts forcement agency. or net earnings from the sale or exchange of ‘‘(II) submit the results of such account re- ‘‘(4) RETENTION OF RECORDS.— goods or services, whether in the form of a view to the Attorney General. ‘‘(A) RETAIL MARKETPLACES.—Each oper- percentage of the receipts or earnings, sal- ‘‘(2) DUTIES OF OPERATORS OF PHYSICAL RE- ator of a physical retail marketplace and ary, or otherwise, inures to the benefit of TAIL MARKETPLACES AND ONLINE RETAIL MAR- any private shareholder or person partici- KETPLACES TO TERMINATE SALES ACTIVITY.— each operator of an online retail market- pating in the organization or conduct of the ‘‘(A) IN GENERAL.—If an operator of a phys- place shall maintain— event. ical retail marketplace or an online retail ‘‘(i) a record of all documentary evidence ‘‘(7) STRUCTURING.—The term ‘structuring’ marketplace reasonably determines that, presented to it pursuant to paragraph (1) for means to knowingly conduct, or attempt to based on the documentary evidence pre- 3 years from the date the operator received conduct, alone, or in conjunction with or on sented to it or the account review conducted the evidence; behalf of 1 or more other persons, 1 or more by it under paragraph (1), there is clear and ‘‘(ii) a record of the results of all account transactions in currency, in any amount, in convincing evidence that a transient vendor reviews conducted pursuant to paragraph (1), any manner, with the purpose of evading cat- of the physical retail marketplace, a user of and any supporting documentation, for 3 egorization as a physical retail marketplace, the online retail marketplace, or a director, years from the date of the review; and an online retail marketplace, or a high vol- officer, employee or agent of such transient ‘‘(iii) a copy of any suspicious activity re- ume seller. vendor or user, has used or is using the retail port filed with the Attorney General pursu- ‘‘(8) TEMPORARY PLACE OF BUSINESS.—The marketplace to sell or distribute items that ant to this subsection, and the original sup- term ‘temporary place of business’ means were stolen, embezzled, or obtained by fraud, porting documentation concerning any re- any physical space made open to the public, false pretenses, or other illegal means, or has port that it files, for 3 years from the date of including but not limited to a building, part engaged in or is engaging in structuring, the the filing. of a building, tent or vacant lot, which is operator shall, not sooner than 21 days and ‘‘(B) ONLINE RETAIL MARKETPLACE.—Each temporarily occupied by 1 or more persons or not later than 45 days after submitting the operator of an online retail marketplace entities for the purpose of making sales of results of the account review to the Attor- shall maintain, for 3 years after the date a goods, or services related to those goods, to ney General pursuant to paragraph (1), ei- user becomes a high volume seller, the name, the public. A place of business is not tem- ther— telephone number, e-mail address, valid porary with respect to a person or entity if ‘‘(i) terminate the ability of the transient physical postal address, and any other iden- that person or entity conducts business at vendor to conduct business at the physical tification information that the operator re- the place and stores unsold goods there when retail marketplace or terminate the ability ceives about the high volume seller. it is not open for business. of the user to conduct transactions on the ‘‘(5) CONFIDENTIALITY OF REPORTS.—No op- ‘‘(9) TRANSIENT VENDOR.—The term ‘tran- online retail marketplace, and notify the At- erator of a physical retail marketplace or sient vendor’ means any person or entity torney General of such action; or online retail marketplace, and no director, that, in the usual course of business, trans- ‘‘(ii)(I) request that the transient vendor or officer, employee or agent of such operator, ports inventory, stocks of goods, or similar user present documentary evidence that the may notify any individual or entity that is tangible personal property to a temporary operator reasonably determines to be clear place of business for the purpose of entering and convincing showing that the transient the subject of a suspicious activity report into transactions for the sale of such prop- vendor or user has not used the retail mar- filed pursuant to paragraph (1), or of an ac- erty. ketplace to sell or distribute items that were count review performed pursuant to para- ‘‘(10) USER.—The term ‘user’ means a per- stolen, embezzled, or obtained by fraud, false graph (1), of the fact that the operator filed son or entity that accesses an online retail pretenses, or other illegal means, or has not such a report or performed such an account marketplace for the purpose of entering into engaged in or is not engaging in structuring; review, or of any information contained in transactions for the sale or distribution of and the report or account review. goods or services. ‘‘(II)(aa) if the transient vendor or user ‘‘(6) HIGH VOLUME SELLERS.— ‘‘(11) VALID PHYSICAL POSTAL ADDRESS.— fails to present such information within 45 ‘‘(A) VALID POSTAL ADDRESS.—An operator The term ‘valid physical postal address’ days of such request, terminate the ability of of an online retail marketplace shall require means— the transient vendor to conduct business at each high volume seller to display a valid ‘‘(A) a current street address, including the the physical retail marketplace or terminate physical postal address whenever other infor- city, State, and Zip code; the ability of the user to conduct trans- mation about the items or services being ‘‘(B) a Post Office box that has been reg- actions on the online retail marketplace, and sold by the high volume seller is displayed istered with the United States Postal Serv- notify the Attorney General of such action; on the online retail marketplace. Such valid ice; or or physical postal address must be displayed in ‘‘(C) a private mailbox that has been reg- ‘‘(bb) if the transient vendor or user pre- a format clearly visible to the average con- istered with a commercial mail receiving sents such information within 45 days, then sumer.

VerDate Aug 31 2005 03:38 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.081 S01AUPT1 erowe on PRODPC61 with SENATE S8044 CONGRESSIONAL RECORD — SENATE August 1, 2008

‘‘(B) FAILURE TO PROVIDE.—In the event dents of the State in a district court of the SEC. 6. EFFECTIVE DATE. that a high volume seller has failed to dis- United States of appropriate jurisdiction— The amendments made by this Act take ef- play a valid physical postal address as re- ‘‘(A) to enjoin further violation of this sec- fect 120 days after the date of the enactment quired in this paragraph, the operator of the tion by the defendant; of this Act. online retail marketplace shall— ‘‘(B) to obtain damages on behalf of the ‘‘(i) within 15 days notify the user of its residents of the State in an amount equal to By Mrs. FEINSTEIN (for herself, duty to display a valid physical postal ad- the actual monetary loss suffered by such Mr. ROCKEFELLER, Mr. dress; and residents; or WHITEHOUSE, Mr. HAGEL, Mr. ‘‘(ii) if 45 days after providing this initial ‘‘(C) to impose civil penalties in the FEINGOLD, and Mr. WYDEN): notification the user still has not displayed a amounts specified in subsection (e). S. 3437. A bill to limit the use of cer- valid physical postal address, shall— ‘‘(2) WRITTEN NOTICE.— tain interrogation techniques, to re- ‘‘(I) terminate the ability of the user to ‘‘(A) IN GENERAL.—The State shall serve conduct transactions on marketplace; and prior written notice of any civil action under quire notification of the International ‘‘(II) file within 15 days a suspicious activ- paragraph (1) upon the Attorney General of Committee of the Red Cross of detain- ity report with the Attorney General of the the United States, including a copy of its ees, to prohibit interrogation by con- United States. complaint, except that if it is not feasible for tractors, and for other purposes; to the ‘‘(7) CONTENTS OF SUSPICIOUS ACTIVITY RE- the State to provide such prior notice, the Select Committee on Intelligence. PORTS.—A suspicious activity report sub- State shall serve such notice immediately Mrs. FEINSTEIN. Mr. President, mitted by an operator to the Attorney Gen- upon instituting such action. today, Senators ROCKEFELLER, eral pursuant to paragraph (1) or (6) shall ‘‘(B) ATTORNEY GENERAL ACTION.—Upon re- WHITEHOUSE, HAGEL, FEINGOLD and I in- contain the following information: ceiving a notice respecting a civil action troduce legislation to end coercive in- ‘‘(A) The name, address, telephone number, under subparagraph (A), the Attorney Gen- and e-mail address of the individual or entity eral of the United States shall have the terrogations and secret detentions by that is the subject of the report, to the ex- right— the Central Intelligence Agency. tent known. ‘‘(i) to intervene in such action; These practices have brought shame ‘‘(B) Any other information that is in the ‘‘(ii) upon so intervening, to be heard on all to our Nation, have harmed our ability possession of the operator filing the report matters arising therein; and to fight the war on terror, and, I be- regarding the identification of the individual ‘‘(iii) to file petitions for appeal. lieve, violate U.S. law and inter- or entity that is the subject of the report. ‘‘(3) STATE POWERS PRESERVED.—For pur- national treaty obligations. ‘‘(C) A copy of the documentary evidence poses of bringing any civil action under this It is time to repudiate torture and se- and other information that led to the filing subsection, nothing in this chapter shall pre- cret disappearances. It is time to end of the report pursuant to paragraph (1) or (6). vent an attorney general of a State from ex- ‘‘(D) A detailed description of the results of ercising the powers conferred on the attor- the outsourcing of coercive interroga- the account review conducted pursuant to ney general by the laws of such State to con- tions to the lowest bidder. It is time to paragraph (1). duct investigations or to administer oaths or return to the norms and values that ‘‘(E) Such other information as the Attor- affirmations or to compel the attendance of have driven the United States to great- ney General may by regulation prescribe. witnesses or the production of documentary ness for decades, but have been tar- ‘‘(c) VOLUNTARY REPORTS.—Nothing in this and other evidence. nished in the past 7 years. section prevents an operator of a physical re- ‘‘(4) PENDING FEDERAL ACTION.—Whenever a It is now public knowledge that the tail marketplace or online retail market- civil action has been instituted by the Attor- place from voluntarily reporting to a Fed- Bush administration, in the Vice Presi- ney General of the United States for viola- dent’s words, turned to ‘‘the dark eral, State, or local government agency any tion of any rule prescribed under subsection suspicious activity that such operator be- (e), no State may, during the pendency of side.’’ The ‘‘gloves came off.’’ In the lieves is relevant to the possible violation of such action instituted by the Attorney Gen- name of counterterrorism, the CIA re- any law or regulation, provided that the op- eral of the United States, institute a civil ac- sorted to waterboarding—an interroga- erator also complies with the requirements tion under this subsection against any de- tion technique invented in the Spanish of this section. fendant named in the complaint in such ac- ‘‘(d) STRUCTURING.—No individual or entity Inquisition to force false confessions tion for any violation alleged in such com- shall engage in structuring as defined in this and punish enemies. plaint. section. In a mistaken effort to gain better ‘‘(5) JURISDICTION.— ‘‘(e) ENFORCEMENT BY ATTORNEY GEN- intelligence, the CIA used this same ‘‘(A) IN GENERAL.—Any civil action brought ERAL.— technique that the Justice Department ‘‘(1) IN GENERAL.—Any individual or entity under this subsection in a district court of the United States may be brought in the dis- has prosecuted and the State Depart- who knowingly commits a violation of, or ment has decried overseas. The admin- knowingly fails to comply with the require- trict in which the defendant is found, is an ments specified in, paragraph (1), (2), (4), (5), inhabitant, or transacts business or wher- istration used warped logic and faulty (6), or (7) of subsection (b), or subsection (d), ever venue is proper under section 1391 of reasoning to say waterboarding tech- shall be liable to the United States Govern- title 28. nique was not torture. It is. ment for a civil penalty of not more than ‘‘(B) PROCESS.—Process in an action under Waterboarding is the only technique $10,000 per violation. this subsection may be served in any district to be publicly confirmed by this admin- in which the defendant is an inhabitant or in ‘‘(2) FALSE STATEMENTS.— istration. There are others that have which the defendant may be found. ‘‘(A) INTENT TO INFLUENCE AN OPERATOR.— not been acknowledged but are still au- Any person who knowingly makes any mate- ‘‘(g) NO PRIVATE RIGHT OF ACTION.—Noth- ing in this section shall be interpreted to au- thorized for use. This has to end. rial false or fictitious statement or represen- But we will never turn this sad page tation with the intent to influence an oper- thorize a private right of action for a viola- ator of a physical retail marketplace or an tion of any provision of this section, or a pri- in our Nation’s history until all coer- operator of an online retail marketplace to vate right of action under any other provi- cive techniques are banned, and are re- file a suspicious activity report under sub- sion of Federal or State law to enforce a vio- placed with a single, clear, uniform section (b) shall be liable to the United lation of this section.’’. standard across the United States Gov- States Government for a civil penalty of not (b) CHAPTER ANALYSIS.—The chapter anal- ernment. more than $10,000 per violation. ysis for chapter 113 of title 18, United States That standard is the one set out in ‘‘(B) SUSPICIOUS ACTIVITY REPORT.—Any Code, is amended by inserting after the item the Army Field Manual. Its techniques person who knowingly and willfully makes for section 2322 the following: work for the military and for the Fed- any material false or fictitious statement or ‘‘2323. Online retail marketplaces.’’. eral Bureau of Investigation. If the CIA representation in any suspicious activity re- port required under subsection (b) may, upon SEC. 5. NO PREEMPTION OF STATE LAW. would abide by its terms, it would conviction thereof, be subject to liability No provision of this Act, including any work for the CIA as well. under section 1001. amendment made by this Act, shall be con- The first provision in this legislation ‘‘(f) ENFORCEMENT BY STATES.— strued as indicating an intent on the part of requires the Intelligence Community ‘‘(1) CIVIL ACTION.—In any case in which Congress to occupy the field in which that to follow the Army Field Manual. That the attorney general of a State has reason to provision or amendment operates, including is already the law for the Department believe that an interest of the residents of criminal penalties, to the exclusion of any of Defense. that State has been or is threatened or ad- State law on the same subject matter that It is supported by 43 retired generals versely affected by any person or entity who would otherwise be within the authority of has committed or is committing a violation the State, unless there is a positive conflict and admirals and by a bipartisan group of this section, the attorney general, official, between that provision or amendment and of former Secretaries of State and De- or agency of the State, as parens patriae, that State law so that the 2 cannot consist- fense, Ambassadors, and national secu- may bring a civil action on behalf of the resi- ently stand together. rity advisors.

VerDate Aug 31 2005 03:38 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.081 S01AUPT1 erowe on PRODPC61 with SENATE August 1, 2008 CONGRESSIONAL RECORD — SENATE S8045 Majorities in both houses of Congress dian Government recently added the Marine Monuments unless certain re- passed this provision earlier this year, United States to its list of nations that quirements are met; to the Committee sending a clear message that we do not conduct torture. on Commerce, Science, and Transpor- support coercive interrogations. Re- This is not the country that we want tation. grettably, the President’s veto stopped to be. Torture and disappearances do Ms. LANDRIEU. Mr. President, I in- it from becoming law. not befit the nation that I know. troduce this bill today to prevent mis- The second provision in this legisla- It is time to restore America’s integ- use of the Antiquities. Act of 1906 to tion requires that access to any de- rity. create very large marine monuments. tainee being held by the intelligence It will take time to resume our place The Antiquities Act was intended to community be provided to members of as the world’s beacon of liberty and protect landmarks, not create the larg- the International Committee of the justice. This bill will put us on that est protected areas in the United Red Cross. path and start the process. I urge its States unilaterally without congres- Access by the ICRC is a hallmark of passage. sional assent. international law and is required by Mr. President, I ask unanimous con- The Bush administration acted cov- the Geneva Conventions. We believe sent that the text of the bill be printed ertly to convey protected status to that granting access to the ICRC is the in the RECORD. 139,000 square miles of the north- best way to ensure that the same right There being no objection, the text of western Hawaiian Islands. In so doing, will be afforded to U.S. forces if they the bill was ordered to be printed in the administration short-circuited the are ever captured overseas. the RECORD, as follows: extensive Marine Sanctuaries process But ICRC access has been denied at S. 3437 that was already underway and noti- CIA black sites in the war on terror. Be it enacted by the Senate and House of Rep- fied the delegation only after the press This has, in part, opened the door to resentatives of the United States of America in conference. Now they have turned their the abuses in detainee treatment. Inde- Congress assembled, attention to the Gulf of Mexico. SECTION 1. SHORT TITLE. We learned that the President, with pendent access prevents abuses like we This Act may be cited as the ‘‘Restoring witnessed at Abu Ghraib and Guanta- mixed support from his top advisors, is America’s Integrity Act’’. considering using his authorities under namo Bay. It is time that the same SEC. 2. DEFINITIONS. protection is in place for the CIA as the Antiquities Act to unilaterally and In this Act: permanently declare ‘‘marine monu- well, in the well-established rules that (1) INSTRUMENTALITY.—The term ‘‘instru- the military has used for years. mentality’’, with respect to an element of ments’’ in various locations of the U.S. Finally, this legislation contains a the intelligence community, means a con- Exclusive Economic Zone. Some of ban on contractor interrogators at the tractor or subcontractor at any tier of the these areas are in my backyard—in the CIA. As General Hayden has testified, element of the intelligence community. Gulf of Mexico—but other areas of the (2) INTELLIGENCE COMMUNITY.—The term Atlantic and Pacific are also under the CIA uses outside contractors to ‘‘intelligence community’’ has the meaning conduct these interrogations. consideration. given that term in section 3(4) of the Na- I certainly understand the need to We should not be using coercive in- tional Security Act of 1947 (50 U.S.C. 401a(4)). conserve and appropriately manage our terrogation techniques at all. But I SEC. 3. LIMITATION ON INTERROGATION TECH- most sensitive and vulnerable marine firmly believe that outsourcing these NIQUES. areas, which can serve as nurseries for interrogations to private companies is No individual in the custody or under the fish stocks and provide critical habitat a way to diminish accountability and effective control of personnel of an element for other important species. That is to avoid getting the Agency’s hands of the intelligence community or instrumen- tality of an element of the intelligence com- why I support the processes Congress dirty. I also believe that the use of con- munity, regardless of nationality or physical established in the National Marine tractors leads to more brutal interro- location of such individual or personnel, Sanctuaries Act. But any declarations gations than if they were done by Gov- shall be subject to any treatment or tech- of new or additional protected status ernment employees. nique of interrogation not authorized by the to marine areas should continue to fol- We remain a nation at war, and cred- United States Army Field Manual on Human low the scientific and public processes Intelligence Collector Operations. ible, actionable intelligence remains a outlined in the Sanctuaries Act. This is SEC. 4. NOTIFICATION OF THE INTERNATIONAL cornerstone of our war effort. But that a good process that allows all affected is not what the CIA detention and in- COMMITTEE OF THE RED CROSS. (a) REQUIREMENT.—The head of an element parties—from the environmental com- terrogation program has provided. of the intelligence community or an instru- munity to recreational fishermen to Every single experienced interro- mentality of such element who detains or the oil and gas industries—to have a gator tells us that coercive techniques has custody or effective control of an indi- say. will get someone to say what the inter- vidual shall notify the International Com- rogator wants to hear. But that doesn’t mittee of the Red Cross of the detention of By Ms. LANDRIEU: make it true. the individual and provide access to such in- S. 3447. A bill to reprogram $15,000,000 In fact, coercive interrogations and dividual in a manner consistent with the in savings in the Jackson Barracks the threat of torture produced the in- practices of the Armed Forces. military construction to the Depart- (b) CONSTRUCTION.—Nothing in this section formation that Saddam Hussein was shall be construed— ment of the Interior for the Historic providing al Qaeda with WMD training. (1) to create or otherwise imply the au- Preservation Fund of the National That wasn’t true, but it helped lead us thority to detain; or Park Service for the purpose of restor- to war in Iraq. (2) to limit or otherwise affect any other ing Jackson Barracks to its pre-Hurri- Military and FBI interrogators also rights or obligations which may arise under cane Katrina status as a national his- tell us that when they build a rapport the Geneva Conventions, other international toric treasure; to the Committee on with a detainee, they get more infor- agreements, or other laws, or to state all of Energy and Natural Resources. mation, and more valuable informa- the situations under which notification to Ms. LANDRIEU. Mr. President, I in- tion, than when it is coerced. and access for the International Committee of the Red Cross is required or allowed. troduce this bill today to restore his- Beyond that, our Nation has paid an SEC. 5. PROHIBITION ON INTERROGATIONS BY toric Jackson Barracks in New Orleans enormous price because of these inter- CONTRACTORS. to its pre-Hurricane Katrina status as a rogations. They cast shadow and doubt The Director of the Central Intelligence national historic treasure. Jackson over our ideals and our system of jus- Agency may not permit a contractor or sub- Barracks represents the rich military tice. Our enemies have used our prac- contractor to the Central Intelligence Agen- history of New Orleans, and indeed our tices to recruit more extremists. Our cy to carry out an interrogation of an indi- great State. However, the rebuilding of key global partnerships, crucial to win- vidual. Any interrogation carried out on be- the structures on this significant garri- ning the war on terror, have been half of the Central Intelligence Agency shall be conducted by an employee of such Agen- son has been hindered by bureaucratic strained. cy. roadblocks and gaps in funding. This Look at two of our closest allies in bill directly addresses those chal- the world. The British Parliament no By Ms. LANDRIEU: lenges. longer trusts U.S. assurances that we S. 3438. A bill to prohibit the use of As you know, Hurricane Katrina will not torture detainees. The Cana- funds for the establishment of National brought torrential floods and driving

VerDate Aug 31 2005 04:32 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.104 S01AUPT1 erowe on PRODPC61 with SENATE S8046 CONGRESSIONAL RECORD — SENATE August 1, 2008 winds to New Orleans and the sur- tionally significant element of Amer- resents Cane River Creole culture, after con- rounding region. The devastation from ican heritage. sideration of recommendations submitted by the storm touched every structure at This should not be a difficult task. the Governor of Louisiana; Congress has once before agreed to es- ‘‘(18) 1 member with knowledge of tourism, Jackson Barracks. The original Jack- after consideration of recommendations by son Barracks consists of 14 Antebellum tablish a Cane River Creole National the Secretary of the Louisiana Department Garrison Structures built between 1834 Historical Park to serve as the focus of of Culture, Recreation and Tourism; and’’. and 1835. These historic buildings were interpretive and educational programs (2) in subsection (c)(4), by striking ‘‘, such not spared and suffered tremendous on the history of the Cane River area as a non-profit corporation,’’; damage. and to assist in the preservation of cer- (3) in subsection (d)— There is a pressing need to complete tain historic sites along the river. Now, (A) in paragraph (5), by striking ‘‘for re- the restoration and renovation of the I ask this Congress to do it again by re- search, historic preservation, and education authorizing the Cane River National purposes’’ and inserting ‘‘to further the pur- barracks. Jackson Barracks requires poses of title III and this title’’; additional renovations and restora- Heritage Area. (B) in paragraph (6), by striking ‘‘the prep- tions that are not within the scope of Mr. President, I ask unanimous con- aration of studies that identify, preserve, the Federal Emergency Management sent that the text of the bill be printed and plan for the management of the heritage Agency hurricane restoration funding. in the RECORD. area’’ and inserting ‘‘carrying out projects or With the agreement of the Chief, Na- There being no objection, the text of programs that further the purposes of title tional Guard Bureau and the Secretary the bill was ordered to be printed in III and this title’’; and (C) by striking paragraph (8) and inserting of the Interior, this bill would repro- the RECORD, as follows: S. 3448 the following: gram the savings from several military ‘‘(8) develop, or assist others in developing, Be it enacted by the Senate and House of Rep- construction projects elsewhere on projects or programs to further the purposes resentatives of the United States of America in Jackson Barracks to assist in the com- of title III and this title;’’; and Congress assembled, pletion of historic preservation at the (4) in the third sentence of subsection (g), SECTION 1. SHORT TITLE. post. by inserting ‘‘, except that if any of the orga- This Act may be cited as the ‘‘Cane River nizations specified in subsection (b) ceases to I ask the support of my colleagues in National Heritage Area Reauthorization Act enabling the National Park Service to exist, the vacancy shall be filled with an at- of 2008’’. large member’’ after ‘‘made’’. aid in the restoration of Jackson Bar- SEC. 2. CANE RIVER NATIONAL HERITAGE AREA. (c) PREPARATION OF THE PLAN.—Section 403 racks through the Historic Preserva- (a) BOUNDARIES.—Section 401 of the Cane of the Cane River Creole National Historical tion Fund. I am not asking for addi- River Creole National Historical Park and Park and National Heritage Area Act (16 tional dollars, but rather that the National Heritage Area Act (16 U.S.C. 410ccc– U.S.C. 410ccc–23) is amended by adding at the money that was saved on previous 21) is amended— end the following: (1) in subsection (b)— ‘‘(d) AMENDMENTS.— projects be recommitted and used for (A) in paragraph (3), by striking ‘‘and’’ at ‘‘(1) IN GENERAL.—An amendment to the this vital need. the end; management plan that substantially alters (B) by redesignating paragraph (4) as para- the purposes of the heritage area shall be re- By Ms. LANDRIEU: graph (6); and viewed by the Secretary and approved or dis- S. 3448. A bill to reauthorize the Cane (C) by inserting after paragraph (3) the fol- approved in the same manner as the manage- River National Heritage Area Commis- lowing: ment plan. sion and expand the boundaries of the ‘‘(4) fostering compatible economic devel- ‘‘(2) IMPLEMENTATION.—The local coordi- Cane River National Heritage Area in opment; nating entity shall not use Federal funds the State of Louisiana; to the Com- ‘‘(5) enhancing the quality of life for local made available under this title to implement mittee on Energy and Natural Re- residents; and’’; and an amendment to the management plan until the Secretary approves the amend- sources. (2) in subsection (c), by striking para- graphs (1) through (6) and inserting the fol- ment.’’. Ms. LANDRIEU. Mr. President, I rise lowing: (d) TERMINATION OF HERITAGE AREA COM- today to introduce legislation to reau- ‘‘(1) the area generally depicted on the map MISSION.—Section 404 of the Cane River Cre- thorize the Cane River National Herit- entitled ‘Revised Boundary of Cane National ole National Historical Park and National age Area Commission and modify the Heritage Area Louisiana’, numbered 494/ Heritage Area Act (16 U.S.C. 410ccc–24) is boundaries of the heritage area. In 1994, 80021, and dated May 2008; amended— Congress recognized this area as one of ‘‘(2) the Fort Jesup State Historic Site; (1) in subsection (a), by striking ‘‘the day and occurring 10 years after the first official the nation’s cultural and historic meeting of the Commission’’ and inserting treasures. In the 1700s, Creole culture ‘‘(3) as satellite site, any properties con- nected with the prehistory, history, or cul- ‘‘August 5, 2025’’; and flowered across the stunning land- tures of the Cane River region that may be (2) in the third sentence of subsection (c), scapes of the Cane River, and the Cre- the subject of cooperative agreements with by striking ‘‘, including the potential for a ole culture continues to enliven the re- the Cane River National Heritage Area Com- nonprofit corporation,’’. gion to this day. In terms of beauty, it mission or any successor to the Commis- is not only the landscape but the Cre- sion.’’. By Ms. LANDRIEU: S. 3449. A bill to direct the Secretary ole architecture from that time period (b) CANE RIVER NATIONAL HERITAGE AREA of the Interior to study the suitability that charms visitors. Today, the 35 COMMISSION.—Section 402 of the Cane River Creole National Historical Park and Na- and feasibility of designating sites in mile region includes the Cane River tional Heritage Area Act (16 U.S.C. 410ccc–22) the Lower Mississippi River Area in Creole National Historical Park, seven is amended— the State of Louisiana as a unit of the national historic landmarks, three (1) in subsection (b)— National Park System, and for other state historic sites, and 24 properties (A) by striking ‘‘19’’ and inserting ‘‘23’’; purposes; to the Committee on Energy listed on the National Register of His- (B) in paragraph (4), by inserting ‘‘the and Natural Resources. toric Places. Natchitoches Parish Tourist Commission Ms. LANDRIEU. Mr. President, I rise Anchored by the city of and other’’ before ‘‘local’’; (C) in paragraph (7), by striking ‘‘Concern today to introduce legislation entitled Natchitoches, which traces its history the Lower Mississippi River National to a French colonial settlement estab- Citizens of Cloutierville’’ and inserting ‘‘Vil- lage of Cloutierville’’; Historic Site Study Act. This bill will lished in 1714 near the Natchitoches In- (D) in paragraph (13), by striking ‘‘are direct the Secretary of the Interior to dian village on the Red River, the re- landowners in and residents of’’ and insert- study the suitability and feasibility of gion’s colonial forts, Creole planta- ing ‘‘own land within the heritage area’’; designating sites in Plaquemines Par- tions, churches, cemeteries, archeo- (E) in paragraph (16)— ish along the Lower Mississippi River logical sites, historic transportation (i) by striking ‘‘one member’’ and inserting Area as a unit of the National Park routes, and commercial centers provide ‘‘2 members’’; and System. To be eligible for favorable a unique view into Louisiana’s past. (ii) by striking ‘‘and’’ at the end; and consideration as a unit of the National I am proud to represent the people of (F) by redesignating paragraph (17) as paragraph (19); and Park System, an area must possess na- Louisiana by asking the 110th Congress (G) by inserting after paragraph (16) the tionally significant natural, cultural or to reauthorize this National Heritage following: recreational resources. The Lower Mis- Area and reaffirm the importance of ‘‘(17) 2 members, 1 of whom represents Afri- sissippi River area in Plaquemines Par- the Cane River Creole culture as a na- can American culture and 1 of whom rep- ish meets and exceeds these criteria.

VerDate Aug 31 2005 04:32 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.106 S01AUPT1 erowe on PRODPC61 with SENATE August 1, 2008 CONGRESSIONAL RECORD — SENATE S8047 I am proud to come to the floor today S. 3449 (14) in the area, Creoles, Europeans, Indi- to introduce this bill. Anyone who has Be it enacted by the Senate and House of Rep- ans, Yugoslav, African-Americans, and Viet- visited Plaquemines Parish knows that resentatives of the United States of America in namese all worked together to weave an in- it is one of the Nation’s unique treas- Congress assembled, teresting history of survival and success in a ures. The natural beauty there at the SECTION 1. SHORT TITLE. very treacherous environment; This Act may be cited as the ‘‘Lower Mis- mouth of the Mississippi is impossible (15) the area has tremendous tourism po- sissippi River National Historic Site Study tential, particularly for historical tourism to describe, but impossible not to love. Act of 2008’’. and eco-tourism, because of the location, The area is rich in history, and it is a SEC. 2. FINDINGS. pristine ecosystems, and past indifference of preserve for one of the nation’s most Congress finds that— the local government to promote tourism in unique cultural me´langes. (1) the Lower Mississippi area located the area; and That mix began after the Native south of New Orleans, Louisiana, which is (16) since Hurricane Katrina, the local gov- Americans in the region began to inter- known as ‘‘Plaquemines Parish’’, has great ernment in the area has— mingle with the Spanish explorers who historical significance; (A) passed a resolution strongly supporting (2) from the earliest Spanish explorers a national park study; and traveled along the banks of the river in traveling along the banks of the Lower Mis- (B) shown an interest in developing tour- the 1500s. In 1682, Rene´-Robert Cavelier sissippi River in the 1500’s, to Robert de La- ism in the area. de LaSalle claimed all the land drained Salle claiming all of the land drained by the by the Mississippi for France area. In Lower Mississippi River in 1682, to the petro- SEC. 3. DEFINITIONS. 1699, the area became the site of the leum, fisheries, and transportation indus- In this Act: first fortification on the Lower Mis- tries of today, the area is one of the most unique areas in the continental United (1) STUDY AREA.— sissippi River, known as Fort Mis- (A) IN GENERAL.—The term ‘‘Study Area’’ sissippi. Since then, it has been the States; (3) while, in 1699, the area became the site means the Lower Mississippi River area in home to 10 different fortifications, in- of the first fortification on the Lower Mis- the State of Louisiana. cluding Fort St. Philip and Fort Jack- sissippi River, known as ‘‘Fort Mississippi’’, (B) INCLUSIONS.—The term ‘‘Study Area’’ son. it has since been home to 10 different for- includes Fort St. Philip and Fort Jackson, Fort St. Philip, originally built in tifications, more than a dozen light houses, the Head of Passes, and any related and sup- 1749, proved to be instrumental during and several wildlife refuges, quarantine sta- porting historical, natural, cultural, and rec- the Battle of New Orleans by blocking tions, and pilot stations; reational resources located in Plaquemines the British Navy from going up river. (4) of particular interest to the area are— Parish, Louisiana. (A) Fort St. Philip, originally built in 1749, (2) SECRETARY.—The term ‘‘Secretary’’ Fort Jackson was built at the request at which, during the Battle of New Orleans, of General Andrew Jackson and par- mean the Secretary of the Interior, acting the British navy was blocked from going up through the Director of the National Park tially constructed by famous local river and a victory for the Colonial Army Service. Civil War General P.G.T. Beauregard. was ensured; and This fort was the site of the famous (B) Fort Jackson, built across from Fort SEC. 4. STUDY. Civil War battle know as the ‘‘Battle of St. Philip at the request of General Andrew (a) IN GENERAL.—Not later than 18 months Jackson and partially constructed by famous Forts’’ which is also referred to as the after the date of enactment of this Act, the local Civil War General P.G.T. Beauregard, ‘‘night the war was lost.’’ Secretary, in consultation with the State of which was the site of the famous Civil War As this glimpse of the region’s mili- battle known as the ‘‘Battle of the Forts’’, Louisiana and interested groups and organi- tary history shows, the Lower which is also referred to as the ‘‘night the zations, shall complete a special resource Plaquemines region is of national cul- war was lost’’; study that— tural and historical significance. (5) the area is— (1) evaluates— There are also many other important (A) at the end of the longest continuous (A) the national significance of the Study and unique attributes to this area. This river road and levee system in the United Area; and area is home to the longest continuous States; and (B) the suitability and feasibility of desig- (B) a part of the River Road highway sys- river road and levee system in the U.S. nating the Study Area as a unit of the Na- tem; tional Park System, to be known as the It is also home to the ancient Head of (6) lower Plaquemines Parish is split down ‘‘Lower Mississippi River National Park’’; Passes site, Plaquemines Bend, geo- the middle by the Mississippi River, sur- (2) includes cost estimates for the acquisi- logical features and two national wild- rounded on 3 sides by the Gulf of Mexico, and tion, development, operation, and mainte- life refuges. crossed by numerous bayous, canals, and nance of the Study Area; and Finally, the area has a rich cultural ditches; (3) identifies alternatives for management, (7) Fort Jackson and Fort St. Philip are lo- heritage. Over the years, many dif- administration, and protection of the Study cated on— ferent cultures have made this area Area. (A) an ancient Head of Passes site; and home including Creoles, Europeans, In- (B) 1 of the most historic areas on the (b) CRITERIA.—In conducting the study dians, Yugoslavs, African-Americans Lower Mississippi River known as under subsection (a), the Secretary shall use and Vietnamese. These cultures have ‘‘Plaquemines Bend’’; the criteria for the study of areas for poten- worked together to create the infra- (8) the modern Head of Passes is only 21 tial inclusion in the National Park System structure for transportation of our Na- miles south of Fort Jackson and Fort St. under section 8(c) of Public Law 91–383 (16 tion’s energy which is being produced Philip where the Mississippi River splits into U.S.C. 1a–5(c)). by these same people out in the Gulf of a bird foot delta to travel the last 20 miles to Mexico off our shores. They have also the Gulf of Mexico; SEC. 5. REPORT. (9) there are numerous geological features On completion of the study under section created a fishing industry that contrib- that are unique to a large river mouth or 4, the Secretary shall submit to the Com- utes to Louisiana’s economy. delta that could make a national park in the I think it is easy to see why this area area a particularly intriguing attraction; mittee on Natural Resources of the House of would make an excellent addition to (10) the coastal erosion, subsidence, river Representatives and the Committee on En- the National Park Service. I hope that hydraulics, delta features, fresh, salt, and ergy and Natural Resources of the Senate a my colleagues will join me in sup- brackish water marshes, and other unique report that describes— porting this bill which simply allows features of the area could be an effective (1) the findings and conclusions of the classroom for the public on the challenges of study; and the National Park Service to study the protecting our river and coastal zones; (2) any recommendations of the Secretary. suitability and feasibility of bringing (11) the area includes the beginning of the this area into the system. I look for- Mississippi River flyway, which is— SEC. 6. AUTHORIZATION OF APPROPRIATIONS. ward to working with my colleagues to (A) 1 of the most pristine eco-sites in the There are authorized to be appropriated quickly enact this bill. United States; and such sums as are necessary to carry out this Mr. President, I ask unanimous con- (B) the site of 2 national wildlife refuges Act. sent that the text of the bill be printed and 1 state wildlife refuge; (12) the area is culturally diverse in his- in the RECORD. tory, population, industry, and politics; There being no objection, the text of (13) many well-known characters lived or the bill was ordered to be printed in performed deeds of great notoriety in the the RECORD, as follows: area;

VerDate Aug 31 2005 03:38 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.107 S01AUPT1 erowe on PRODPC61 with SENATE S8048 CONGRESSIONAL RECORD — SENATE August 1, 2008 SUBMITTED RESOLUTIONS Whereas the Office of the Dalai Lama on harassment, Tibetans can be required July 17, 2008, restated its position that the to undergo propaganda-based ‘‘political talks are about ‘‘the future of 6,000,000 Tibet- education,’’ detained without judicial SENATE RESOLUTION 643—CALL- ans in Tibet and not His Holiness the Dalai due process, and are forbidden from ING FOR GREATER DIALOGUE Lama’’; possessing pictures of the Dalai Lama. Whereas, on July 11, 2008, the European BETWEEN THE DALAI LAMA AND After the March 2008 unrest, much of THE GOVERNMENT OF CHINA RE- Parliament adopted a resolution that ‘‘wel- comes the resumption of contacts, after the the international community urged GARDING RIGHTS FOR THE PEO- events of March 2008 in Lhasa, between the China and the Dalai Lama to enter a PLE OF TIBET, AND FOR OTHER representatives of the Dalai Lama and the positive, results-based dialogue on the PURPOSES Chinese authorities’’ and ‘‘encourages the human rights of Tibetans living. Unfor- Mr. SMITH (for himself and Mr. two parties to intensify these contacts so as tunately, these pleas have apparently FEINGOLD) submitted the following res- to establish the bases for mutual trust, with- fallen on deaf ears in Beijing. After the olution; which was referred to the out which it will be impossible to arrive at a latest round of Tibetan-Chinese dia- Committee on Foreign Relations: mutually acceptable political solution’’; logue from June 30 to July 3, the Ti- Whereas, on the official stage during the betan representatives expressed dis- S. RES. 643 Olympic torch’s relay through Lhasa on Whereas, on April 25, 2008, China’s official June 21, 2008, China’s Communist Party chief appointment that the two sides could news agency Xinhua expressed the willing- in the Tibet Autonomous Region (TAR), not even agree on a joint resolution ness of the Government of China to meet Zhang Qingli, said, ‘‘Tibet’s sky will never calling for more talks. Progress, it with envoys of the Dalai Lama; change and the red flag with five stars will seems, has been almost non-existent. Whereas, on May 4, 2008, Special Envoy of forever flutter high above it. . . . [W]e will As a result, Senator FEINGOLD and I His Holiness the Dalai Lama Lodi Gyari and certainly be able to totally smash the are introducing a resolution urging Envoy Kelsang Gyaltsen met with Chinese splittist schemes of the Dalai Lama clique.’’; that the talks—real, results-oriented Executive Vice Minister Zhu Weiqun and Ex- Whereas, in reference to Zhang Qingli, the talks—continue. We also call for the ecutive Vice Minister Sithar for one day of International Olympics Committee said in a talks, in which the Government of China al- United States to press the Government rare rebuke that it ‘‘regrets that political of China to make a serious commit- leged that the Dalai Lama instigated the statements were made during the closing March 2008 unrest in autonomous Tibetan ceremony of the torch relay in Tibet’’; and ment to the human rights and religious areas of China, and was sabotaging the Whereas China’s People’s Armed Police freedom of Tibetans living on its soil, Olympic Games; troops have been sent to monasteries in Ti- and an end to forced ‘‘political edu- Whereas Hu Jintao, General Secretary of betan areas to give monks ‘‘relevant infor- cation’’ of Tibetans. The aim of the the Communist Party of China, released a mation’’ about the Olympics, and Chinese dialogue between the Government of statement after this meeting saying that his authorities have stepped up ‘‘patriotic edu- China and the Dalai Lama must in- Government of China was committed to a cation’’ campaigns designed to conform the clude an end to harassment of lay and ‘‘serious’’ dialogue with the Dalai Lama; religious practices of Tibetan Buddhists to Whereas, at the United States-European religious Tibetans, and genuine auton- Communist Party rules, including forcing omy for ethnically Tibetan regions. Union (EU) Summit on June 10, 2008, the monks and nuns to denounce the Dalai United States and the European Union Lama: Now, therefore, be it f issued a joint statement welcoming the deci- Resolved, That the Senate— SENATE RESOLUTION 644—DESIG- sion by the Government of China to hold (1) urges the Dalai Lama or his representa- talks with representatives of the Dalai tives and the Government of the People’s Re- NATING SEPTEMBER 2008 AS Lama, and urged ‘‘both parties to move for- public of China to begin earnest negotia- ‘‘NATIONAL CHILD AWARENESS ward with a substantive, constructive and tions, without preconditions, to provide for a MONTH’’ TO PROMOTE AWARE- results-oriented dialogue at an early date’’; mutually agreeable solution that addresses NESS OF CHARITIES BENEFIT- Whereas the Envoys of His Holiness the the legitimate grievances of, and provides TING CHILDREN AND YOUTH- Dalai Lama’s Kelsang Gyaltsen and Lodi genuine autonomy for, the Tibetan people; SERVING ORGANIZATIONS Gyari visited Beijing from June 30 to July 3, (2) urges that the talks in October 2008 be- 2008, to conduct the seventh round of the Ti- THROUGHOUT THE UNITED tween the Government of China and the STATES AND RECOGNIZING EF- betan-Chinese dialogue; Dalai Lama should focus on the welfare, cul- Whereas, during these talks, the Govern- tural, political, and religious autonomy of FORTS MADE BY THESE CHAR- ment of China issued a new set of demands, the Tibetan people, and not on the person of ITIES AND ORGANIZATIONS ON including that the Dalai Lama prove that he the Dalai Lama; BEHALF OF CHILDREN AND does not support Tibetan independence or (3) affirms that the human rights of Tibet- YOUTH AS A POSITIVE INVEST- disruption of the Olympic Games in Beijing; ans and their right to practice religion free Whereas the Dalai Lama has stated mul- MENT IN THE FUTURE OF THE of government regulation is not an internal tiple times he does not favor the independ- UNITED STATES matter of any one country; ence of Tibet and is instead seeking negotia- (4) urges the President to take a more per- Mr. BURR (for himself and Mrs. FEIN- tions to address the legitimate grievances of, sonal and engaged interest in the successful STEIN) submitted the following resolu- and provide genuine autonomy for, the Ti- conclusion of these negotiations, both uni- tion; which was referred to the Com- betan people within the People’s Republic of mittee on the Judiciary: China, and is committed to non-violence; laterally and in coordination with United Whereas the Dalai Lama has repeatedly States allies; and S.RES. 644 and publicly declared his support for the (5) calls on the United States Government Whereas millions of children and youth in Olympic Games in China, as well as his in- to press the Government of China— the United States represent the hopes and tention to attend the opening ceremony, if (A) to respect freedom of speech and free- future of the United States; invited; dom of association, as required by inter- Whereas numerous individuals, charities Whereas, at the conclusion of the July national law and as enshrined in the Con- benefitting children, and youth-serving orga- round of talks, officials of the Government of stitution of China and to release those who nizations that work with children and youth China did not accept a proposal by the rep- have committed no crime other than peace- collaborate to provide invaluable services to resentatives of the Dalai Lama to agree to a ful protest; and enrich and better the lives of children and joint statement supporting a continuation of (B) to end the ‘‘patriotic education’’ cam- youth throughout the United States; the dialogue process; paign against lay and clerical Tibetans and Whereas raising awareness of and increas- Whereas Special Envoy Lodi Gyari said on allow Tibetans to practice their religion ing support for organizations that provide July 5, 2008, that the talks with the Govern- freely. access to healthcare, social services, edu- ment of China, called for by the inter- Mr. SMITH. Mr. President, I rise cation, the arts, sports, and other services national community, were ‘‘disappointing today to introduce a resolution with will result in the development of character and difficult’’; my colleague, Senator FEINGOLD, sup- and the future success of children and youth; Whereas, in contrast to the opinion of Spe- porting the human rights and religious Whereas the President issued a proclama- cial Envoy Lodi Gyari, President George W. freedom of Tibetans. tion on May 30, 2008, proclaiming June 1, 2008 Bush said on July 6, 2008, that ‘‘it looks like Last March, I was one of many people as ‘‘National Child’s Day’’ to demonstrate a there’s some progress, at least in the talks worldwide who watched as Tibetan commitment to the youth of the United with the Dalai Lama’’; States; Whereas officials of the Government of demonstrations in China exploded into Whereas September, as the school year be- China subsequently stated that the talks violence. These protests reflected long- gins, is a time when parents, families, teach- with the Dalai Lama’s envoys are only about standing frustration with the harsh ers, school administrators, and communities the Dalai Lama’s personal future, rather measures imposed on Tibetans by the increase their focus on children and youth than about the future of Tibet; Government of China. Among other throughout the United States;

VerDate Aug 31 2005 04:32 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.110 S01AUPT1 erowe on PRODPC61 with SENATE August 1, 2008 CONGRESSIONAL RECORD — SENATE S8049 Whereas September is a time for the people dedication to public service and an inspira- SENATE RESOLUTION 647—DESIG- of the United States to highlight and be tion for the Texans who have followed her. NATING SEPTEMBER 9, 2008, AS mindful of the needs of children and youth; ‘‘NATIONAL FETAL ALCOHOL Whereas private corporations and busi- f nesses have joined with hundreds of national SPECTRUM DISORDERS AWARE- and local charitable organizations through- NESS DAY’’ out the United States in support of a month- SENATE RESOLUTION 646—RECOG- Ms. MURKOWSKI (for herself, Mr. long focus on children and youth; NIZING AND SUPPORTING THE JOHNSON, Mrs. MURRAY, Mr. SPECTER, Whereas designating September 2008 as GOALS AND IDEALS OF NA- Mr. COLEMAN, Mr. STEVENS, and Mr. ‘‘National Child Awareness Month’’ would recognize that a long-term commitment to TIONAL RUNAWAY PREVENTION HATCH) submitted the following resolu- children and youth is in the public interest, MONTH tion; which was referred to the Com- and will encourage widespread support for mittee on the Judiciary: Mr. SHELBY (for himself and Mrs. charities and organizations that seek to pro- S. RES. 647 LINCOLN) submitted the following reso- vide a better future for the children and Whereas the term ‘‘fetal alcohol spectrum youth of the United States: Now, therefore, lution; which was referred to the Com- disorders’’ includes a broader range of condi- be it mittee on Health, Education, Labor, tions and therefore has replaced the term Resolved, That the Senate designates Sep- tember 2008 as ‘‘National Child Awareness and Pensions: ‘‘fetal alcohol syndrome’’ as the umbrella Month’’— term describing the range of effects that can S. RES. 646 (1) to promote awareness of charities bene- occur in an individual whose mother drank fitting children and youth-serving organiza- Whereas the prevalence of running away alcohol during pregnancy; tions throughout the United States; and from home and homelessness among youths Whereas fetal alcohol spectrum disorders (2) to recognize efforts made by such char- is staggering, with studies suggesting that are the leading cause of cognitive disability ities and organizations on behalf of children between 1,600,000 and 2,800,000 youths live on in western civilization, including the United and youth as a positive investment in the fu- the streets of the United States each year; States, and are 100 percent preventable; ture of the United States. Whereas running away from home is wide- Whereas fetal alcohol spectrum disorders are a major cause of numerous social dis- spread, and youths aged 12 to 17 are at a f orders, including learning disabilities, school higher risk of becoming homeless than failure, juvenile delinquency, homelessness, SENATE RESOLUTION 645—HON- adults; unemployment, mental illness, and crime; ORING THE LIFE OF ANNE Whereas youths who run away from home LEGENDRE ARMSTRONG Whereas the incidence rate of fetal alcohol most often have been expelled from their syndrome is estimated at 1 out of 500 live Mr. CORNYN (for himself and Mrs. homes by their families, have been phys- births and the incidence rate of fetal alcohol HUTCHISON) submitted the following ically, sexually, or emotionally abused at spectrum disorders is estimated at 1 out of resolution; which was referred to the home, have been discharged by State custo- every 100 live births; Committee on the Judiciary: dial systems without adequate transition Whereas, although the economic costs of S. RES. 645 plans, or have been separated from their par- fetal alcohol spectrum disorders are difficult ents by death and divorce, are too poor to se- to estimate, the cost of fetal alcohol syn- Whereas Anne Legendre Armstrong, a pio- cure their own basic needs, and are ineligible drome alone in the United States was neer for women in public service, passed $5,400,000,000 in 2003 and it is estimated that away on July 30, 2008, at the age of 80; or unable to access adequate medical or Whereas Anne Armstrong was educated at mental health resources; each individual with fetal alcohol syndrome Foxcroft School in Middleburg, Virginia, Whereas effective programs that support will cost taxpayers of the United States be- where she was valedictorian of her grad- runaway youths and assist youths and their tween $1,500,000 and $3,000,000 in his or her uating class; families in preventing youths from running lifetime; Whereas Anne Armstrong received her B.A. away succeed because of partnerships cre- Whereas, in February 1999, a small group of degree from Vassar College, where she was ated among families, community-based parents of children who suffer from fetal al- elected to Phi Beta Kappa in her junior year; human service agencies, law enforcement cohol spectrum disorders came together with the hope that in 1 magic moment the world Whereas Anne Armstrong was an active agencies, schools, faith-based organizations, could be made aware of the devastating con- and respected leader in the Texas Republican and businesses; sequences of alcohol consumption during Party and the first female co-chair of the Re- Whereas preventing youths from running pregnancy; publican National Committee; away from home and supporting youths in Whereas Anne Armstrong served both Whereas the first International Fetal Alco- high-risk situations are priorities for fami- hol Syndrome Awareness Day was observed President Richard Nixon and President Ger- lies, communities, and the Nation; ald Ford as a Cabinet-level counselor, the on September 9, 1999; Whereas the future well-being of the first woman to do so; Whereas Bonnie Buxton of Toronto, Can- United States is dependent on the opportuni- Whereas Anne Armstrong was named by ada, the co-founder of the first International President Gerald Ford as the United States ties provided for youths and families to ac- Fetal Alcohol Syndrome Awareness Day, Ambassador to the United Kingdom, the first quire the knowledge, skills, and abilities asked ‘‘What if . . . a world full of FAS/E woman to hold that important and pres- necessary for youths to develop into safe, [Fetal Alcohol Syndrome/Effect] parents all tigious post; healthy, and productive adults; got together on the ninth hour of the ninth Whereas Anne Armstrong was awarded the Whereas the National Network for Youth day of the ninth month of the year and asked Presidential Medal of Freedom, the Nation’s and its members advocate on behalf of run- the world to remember that during the 9 highest civilian honor, by President Ronald away and homeless youths and provide an months of pregnancy a woman should not Reagan; array of community-based support to address consume alcohol . . . would the rest of the Whereas Anne Armstrong graciously their critical needs; world listen?’’; and hosted world leaders and other prominent in- Whereas the National Runaway Switch- Whereas on the ninth day of the ninth dividuals at the legendary Armstrong Ranch board provides crisis intervention and refer- month of each year since 1999, communities in Kenedy County, Texas; rals to reconnect runaway youths with their around the world have observed Inter- national Fetal Alcohol Syndrome Awareness Whereas Anne Armstrong was inducted families and to link youths to local re- Day: Now, therefore, be it into the Texas Women’s Hall of Fame in 1986 sources that provide positive alternatives to Resolved, That the Senate— for her numerous achievements and con- running away from home; and tributions to the State of Texas and the Na- (1) designates September 9, 2008, as ‘‘Na- Whereas the National Network for Youth tion; tional Fetal Alcohol Spectrum Disorders and the National Runaway Switchboard are Whereas Anne Armstrong lost her beloved Awareness Day’’; and husband Tobin in 2005, and is survived by 5 cosponsoring National Runaway Prevention (2) calls upon the people of the United five children: J. Barclay Armstrong, Kath- Month in November 2008 to increase public States— arine Armstrong Love, Sarita Armstrong awareness of the life circumstances of (A) to observe National Fetal Alcohol Hixon, James Armstrong, and Tobin Arm- youths in high-risk situations, the need for Spectrum Disorders Awareness Day with ap- strong, Jr.; safe, healthy, and productive alternatives to propriate ceremonies— Whereas Anne Armstrong is also survived running away, and the resources and support (i) to promote awareness of the effects of by 13 grandchildren and a sister, Katharine available for youths, families, and commu- prenatal exposure to alcohol; Legendre King; and nities: Now, therefore, be it (ii) to increase compassion for individuals affected by prenatal exposure to alcohol; Whereas Anne Armstrong will be deeply Resolved, That the Senate recognizes and (iii) to minimize further effects of prenatal missed by the people of Texas and the Nation supports the goals and ideals of National as a whole: Now, therefore, be it exposure to alcohol; and Resolved, That the Senate honors the life of Runaway Prevention Month. (iv) to ensure healthier communities Anne Legendre Armstrong, an exemplar of across the United States; and

VerDate Aug 31 2005 04:32 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.118 S01AUPT1 erowe on PRODPC61 with SENATE S8050 CONGRESSIONAL RECORD — SENATE August 1, 2008 (B) to observe a moment of reflection on SENATE RESOLUTION 649—DES- (2) recognizes Attention Deficit/Hyper- the ninth hour of September 9, 2008, to re- IGNATION SEPTEMBER 18, 2008, activity Disorder (ADHD) as a major public member that during the 9 months of preg- AS ‘‘NATIONAL ATTENTION DEF- health concern; nancy a woman should not consume alcohol. ICIT DISORDER AWARENESS (3) encourages all Americans to find out f more about ADHD, support ADHD mental DAY’’ health services, and seek the appropriate SENATE RESOLUTION 648—RECOG- Ms. CANTWELL (for herself and Mr. treatment and support, if necessary; NIZING THE 50TH ANNIVERSARY SMITH) submitted the following resolu- (4) expresses the sense of the Senate that OF THE CROSSING OF THE tion; which was referred to the Com- the Federal Government has a responsibility to— NORTH POLE BY THE USS NAU- mittee on the Judiciary; TILUS (SSN 571) AND ITS SIGNIFI- (A) endeavor to raise awareness about CANCE IN THE HISTORY OF S. RES. 649 ADHD; and BOTH OUR NATION AND THE Whereas Attention Deficit/Hyperactivity (B) continue to consider ways to improve access and quality of mental health services WORLD Disorder (also known as ADHD or ADD), is a chronic neurobiological disorder that affects dedicated to improving the quality of life of Mr. DODD (for himself, Mr. both children and adults, and can signifi- children and adults with ADHD; and LIEBERMAN, Mr. REED, and Mr. cantly interfere with the ability of an indi- (5) calls on Federal, State, and local ad- WHITEHOUSE) submitted the following vidual to regulate activity level, inhibit be- ministrators and the people of the United resolution; which was referred to the havior, and attend to tasks in develop- States to observe the day with appropriate committee on Armed Services: mentally-appropriate ways; programs and activities. Whereas ADHD can cause devastating con- S. RES. 648 f sequences, including failure in school and Whereas the USS Nautilus (SSN 571), built the workplace, antisocial behavior, encoun- SENATE RESOLUTION 650—RECOG- and launched at Electric Boat in Groton, ters with the criminal justice system, inter- Connecticut, on January 21, 1954, was the NIZING THE IMPORTANCE OF NA- personal difficulties, and substance abuse; TIONAL NEIGHBOR DAY, NA- first vessel in the world to be powered by nu- Whereas ADHD, the most extensively stud- clear power; TIONAL GOOD NEIGHBOR DAY, ied mental disorder in children, affects an es- Whereas the USS Nautilus overcame ex- timated 3 to 7 percent (4,000,000) of young AND NATIONAL NEIGHBORHOOD treme difficulties of navigation and maneu- school-age children and an estimated 4 per- DAY verability while submerged under the polar cent (8,000,000) of adults across racial, ethnic, ice, and became the first vessel to cross the Mr. REED (for himself, Mr. BAUCUS, and socio-economic lines; geographic North Pole on August 3, 1958; Mr. WHITEHOUSE, and Mr. TESTER) sub- Whereas scientific studies indicate that be- Whereas the USS Nautilus continued on her mitted the following resolution; which tween 10 and 35 percent of children with voyage and became the first vessel to suc- ADHD have a first-degree relative with past was referred to the Committee on the cessfully navigate a course across the top of or present ADHD, and that approximately 1⁄2 Judiciary: the world; of parents who had ADHD have a child with S. RES. 650 Whereas the USS Nautilus, having claimed this historic milestone and returned home to the disorder, suggesting that ADHD runs in Whereas gestures of welcoming and kind- Naval Submarine Base New London, contin- families and inheritance is an important risk ness between neighbors foster community ued to establish a series of naval records in factor; peace, harmony, and understanding; her distinguished 25-year career, including Whereas despite the serious consequences Whereas being good neighbors to those being the first submarine to journey ‘‘20,000 that can manifest in the family and life ex- around us encourages mutual respect and leagues under the sea’’; periences of an individual with ADHD, stud- friendship; Whereas the USS Nautilus completed these ies indicate that less than 85 percent of Whereas neighborhoods facilitate positive significant and laudable achievements dur- adults with the disorder are diagnosed and civic engagement and enhance the founda- 1 ing a critical phase of the Cold War, pro- less than ⁄2 of children and adults with the tion of an effective and more caring society; viding a source of inspiration for Americans disorder receive treatment and, furthermore, Whereas National Neighbor Day, cele- and raising the hopes of the Free World; poor and minority communities are particu- brated annually on the Sunday before Memo- Whereas the USS Nautilus was the first larly underserved by ADHD resources; rial Day weekend in May, was first cele- naval vessel in peacetime to receive the Whereas the Surgeon General, the Amer- brated in 1993 in Westerly, Rhode Island, to Presidential Unit Citation for its meri- ican Medical Association, the American Psy- promote equality, dignity, and respect and torious efforts in crossing the North Pole; chiatric Association, the American Academy to encourage love of one’s neighbor; Whereas Commander William R. Anderson of Child and Adolescent Psychiatry, the Whereas National Good Neighbor Day, of the United States Navy was awarded the American Psychological Association, the celebrated annually on the fourth Sunday of Legion of Merit for his role in commanding American Academy of Pediatrics, the Cen- September, was first celebrated in the 1970s the USS Nautilus during its historic voyage; ters for Disease Control and Prevention, and in Lakeside, Montana, to place a greater em- Whereas the USS Nautilus and its contribu- the National Institutes of Mental Health, phasis on the importance of community and tion to world history was praised by a range among others, recognize the need for proper being a good neighbor; and of American Presidents, including President diagnosis, education, and treatment of Whereas National Neighborhood Day, cele- Harry Truman, President Dwight D. Eisen- ADHD; brated annually on the third Sunday of Sep- hower, President Lyndon B. Johnson, Presi- Whereas the lack of public knowledge and tember, was first celebrated in Providence, dent Jimmy Carter, and President Bill Clin- understanding of the disorder play a signifi- Rhode Island, to inspire, build, and sustain ton; and cant role in the overwhelming numbers of neighborhood relationships and foster civic Whereas President Eisenhower described undiagnosed and untreated cases of ADHD, engagement: Now, therefore, be it the voyage to the North Pole as a ‘‘magnifi- and the dissemination of inaccurate, mis- Resolved, That the Senate calls upon the cent achievement’’ from which ‘‘the entire leading information contributes as an obsta- people of the United States and interested free world would benefit’’: Now, therefore, be cle for diagnosis and treatment; groups and organizations— it Whereas lack of knowledge combined with (1) to celebrate the goals of National Resolved, That the Senate— issues of stigma have a particularly detri- Neighbor Day, National Good Neighbor Day, (1) recognizes the historic significance of mental effect on the diagnosis and treatment and National Neighborhood Day in 2008; and the journey to the North Pole undertaken by of the disorder; (2) to undertake appropriate ceremonies, the USS Nautilus; Whereas there is a need for education of events, and activities associated with those (2) commends the officers and crew of the health care professionals, employers, and goals. USS Nautilus on the 50th anniversary of their educators about the disorder and a need for magnificent achievement; well-trained mental health professionals ca- f (3) recognizes the importance of the USS pable of conducting proper diagnosis and SENATE RESOLUTION 651—HON- treatment activities; and Nautilus’ journey to the North Pole as not ORING THE NATIONAL AERO- only a military and scientific accomplish- Whereas studies by the National Institute ment, but also in confirming America’s long- of Mental Health and others consistently re- NAUTICS AND SPACE ADMINIS- standing interest in this vital region of the veal that through proper comprehensive di- TRATION ON THE 50TH ANNIVER- world; agnosis and treatment, the symptoms of SARY OF ITS ESTABLISHMENT (4) commends the role of the USS Nautilus ADHD can be substantially decreased and Mr. NELSON of Florida (for himself, and the United States Submarine Force in quality of life can be improved: Now, there- Mrs. BOXER, Mr. BROWN, Mr. CARDIN, protecting the interests of the free world fore, be it during the Cold War; and Resolved, That the Senate— Mr. CORNYN, Mrs. HUTCHISON, Ms. (5) supports the continuing role of the (1) designates September 18, 2008, as ‘‘Na- LANDRIEU, Mr. MARTINEZ, Ms. MIKUL- United States Submarine Force in defending tional Attention Deficit Disorder Awareness SKI, Mr. OBAMA, Mr. SESSIONS, Mr. our Nation in the 21st century. Day’’; SHELBY, Mr. VITTER, and Mr.

VerDate Aug 31 2005 03:38 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.111 S01AUPT1 erowe on PRODPC61 with SENATE August 1, 2008 CONGRESSIONAL RECORD — SENATE S8051 VOINOVICH) submitted the following ardous materials releases, to authorize the Sec. 208. Trespasser prevention and high- resolution; which was referred to the Federal Railroad Safety Administration, and way-rail crossing safety. Committee on Commerce, Science, and for other purposes. Sec. 209. Fostering introduction of new tech- Transportation: SA 5260. Ms. CANTWELL (for Mr. SMITH nology to improve safety at (for himself, Mr. KOHL, Mr. SPECTER, and Mr. highway-rail grade crossings. S. RES. 651 CARDIN)) proposed an amendment to the bill TITLE III—FEDERAL RAILROAD Whereas the National Aeronautics and H.R. 2608, to amend section 402 of the Per- ADMINISTRATION Space Administration was established on sonal Responsibility and Work Opportunity Sec. 301. Human capital increases. July 29, 1958; Reconciliation Act of 1996 to provide, in fis- Sec. 302. Civil penalty increases. Whereas on May 5, 1961, NASA successfully cal years 2009 through 2011, extensions of Sec. 303. Enforcement report. launched America’s first manned spacecraft, supplemental security income for refugees, Sec. 304. Prohibition of individuals from per- Freedom 7, piloted by Alan B. Shepard, Jr.; asylees, and certain other humanitarian im- forming safety-sensitive func- Whereas on February 20, 1962, John Glenn migrants, and to amend the Internal Rev- tions for a violation of haz- became the first American astronaut to orbit enue Code of 1986 to collect unemployment ardous materials transpor- the earth; compensation debts resulting from fraud.. tation law. Whereas in July of 1969 President John SA 5261. Ms. CANTWELL (for Mr. SMITH) Sec. 305. Railroad radio monitoring author- Kennedy’s vision of landing a man on the proposed an amendment to the bill H.R. 2608, ity. moon and returning him safely to Earth was supra. Sec. 306. Emergency waivers. realized with the Apollo 11 mission, com- SA 5262. Ms. CANTWELL (for Mrs. Sec. 307. Federal rail security officers’ ac- manded by Neil A. Armstrong, Lunar Module HUTCHISON) proposed an amendment to the cess to information. bill S. 2507, to address the digital television Pilot Edwin ‘‘Buzz’’ Aldrin, Jr., and Com- Sec. 308. Update of Federal Railroad Admin- transition in border states. mand Module pilot Michael Collins; istration’s website. Whereas on April 12, 1981, NASA began a SA 5263. Ms. CANTWELL (for Mr. LEVIN) new era of human space flight and explo- proposed an amendment to the joint resolu- TITLE IV—RAILROAD SAFETY ENHANCEMENTS ration with the launch of the first Space tion S.J. Res. 45, expressing the consent and Sec. 401. Employee training. Shuttle Columbia, commanded by John W. approval of Congress to an inter-state com- Sec. 402. Certification of certain crafts or Young and piloted by Robert L. ‘‘Bob’’ pact regarding water resources in the Great classes of employees. Crippen; Lakes—St. Lawrence River Basin.. Sec. 403. Track inspection time study. Whereas on June 18, 1983, Dr. Sally Ride be- SA 5264. Mr. REID (for Mr. LIEBERMAN) Sec. 404. Study of methods to improve or came the first American woman in space as proposed an amendment to the bill H.R. 5683, correct station platform gaps. a crewmember of Space Shuttle Challenger to make certain reforms with respect to the Sec. 405. Locomotive cab studies. for STS–7; Government Accountability Office, and for Sec. 406. Railroad safety technology grants. Whereas NASA has greatly expanded our other purposes. Sec. 407. Railroad safety infrastructure im- knowledge and understanding of our planet f provement grants. and solar system through various unmanned Sec. 408. Amendment to the movement-for- vehicles utilized on numerous missions; TEXT OF AMENDMENTS repair provision. Whereas, during the Cold War, NASA’s SA 5259. Ms. CANTWELL (for Mr. Sec. 409. Development and use of rail safety achievements served as a source of national technology. LAUTENBERG (for himself and Mr. pride and captured the imagination of the Sec. 410. Employee sleeping quarters. world by demonstrating a peaceful use of our SMITH)) proposed an amendment to the Sec. 411. Employee protections. technological capabilities; bill H.R. 2095, to amend title 49, United Sec. 412. Unified treatment of families of Whereas NASA now serves as a model for States Code, to prevent railroad fatali- railroad carriers. international cooperation and American ties, injuries, and hazardous materials Sec. 413. Study of repeal of Conrail provi- leadership through the International Space releases, to authorize the Federal Rail- sion. Station and other scientific endeavors; road Safety Administration, and for Sec. 414. Limitations on non-federal alcohol Whereas thanks to NASA and the far- other purposes; as follows: and drug testing by railroad reaching gaze of the Hubble Space Telescope, carriers. Strike out all after the enacting clause and we have seen further into our universe than Sec. 415. Critical incident stress plan. insert the following: ever before; Sec. 416. Railroad carrier employee exposure Whereas NASA space probes have landed SECTION 1. SHORT TITLE; TABLE OF CONTENTS; to radiation study. on or flown by eight of the planets in our AMENDMENT OF TITLE 49. Sec. 417. Alcohol and controlled substance solar system; (a) SHORT TITLE.—This Act may be cited as testing for maintenance-of-way Whereas the aeronautics research by NASA the ‘‘Railroad Safety Enhancement Act of employees. 2008’’. has led to great discoveries and advances in TITLE V—RAIL PASSENGER DISASTER FAMILY (b) TABLE OF CONTENTS.—The table of con- aircraft design and aviation; ASSISTANCE tents for this Act is as follows: Whereas the work done by NASA has ex- Sec. 501. Assistance by National Transpor- Sec. 1. Short title; table of contents; amend- panded the scope of human knowledge, cre- tation Safety Board to families ment of title 49. ated new technologies, and inspired young of passengers involved in rail men and women to enter scientific and engi- Sec. 2. Definitions. Sec. 3. Authorization of appropriations. passenger accidents. neering careers; Sec. 502. Rail passenger carrier plan to as- Whereas in the last fifty years, NASA has TITLE I—RAILROAD SAFETY RISK REDUCTION sist families of passengers in- positively impacted almost every facet of AND STRATEGY volved in rail passenger acci- our lives; and Sec. 101. Establishment of chief safety offi- dents. Whereas, thanks to the heroism, courage, cer. Sec. 503. Establishment of task force. and supreme sacrifice of our astronaut corps Sec. 102. Railroad safety strategy. TITLE VI—CLARIFICATION OF FEDERAL over the last five decades, we are now able to Sec. 103. Railroad safety risk reduction pilot JURISDICTION OVER SOLID WASTE FACILITIES live and work in space for the benefit of all program. humankind: Now, therefore, be it Sec. 104. Railroad safety risk reduction pro- Sec. 601. Short title. Resolved, by the Senate That the Senate—— gram. Sec. 602. Clarification of general jurisdiction (1) honors the men and women of the Na- Sec. 105. Positive train control system im- over solid waste transfer facili- tional Aeronautics and Space Administra- plementation. ties. tion on the occasion of its 50th Anniversary; Sec. 106. Hours-of-service reform. Sec. 603. Regulation of solid waste rail (2) acknowledges the value of NASA’s dis- Sec. 107. Protection of railroad safety risk transfer facilities. coveries and accomplishments; and analyses information. Sec. 604. Solid waste rail transfer facility (3) pledges to maintain America’s position land-use exemption authority. TITLE II—HIGHWAY-RAIL GRADE CROSSING as the world leader in earth and space Sec. 605. Effect on other statutes and au- AND PEDESTRIAN SAFETY AND TRESPASSER science, aeronautics and space exploration thorities. PREVENTION and technology. Sec. 201. Pedestrian crossing safety. TITLE VII—TECHNICAL CORRECTIONS f Sec. 202. State action plans. Sec. 701. Technical corrections. AMENDMENTS SUBMITTED AND Sec. 203. Improvements to sight distance at (c) AMENDMENT OF TITLE 49.—Except as PROPOSED highway-rail grade crossings. otherwise expressly provided, whenever in Sec. 204. National crossing inventory. this Act an amendment or repeal is ex- SA 5259. Ms. CANTWELL (for Mr. LAUTEN- Sec. 205. Telephone number to report grade pressed in terms of an amendment to, or a BERG (for himself and Mr. SMITH)) proposed crossing problems. repeal of, a section or other provision, the an amendment to the bill H.R. 2095, to Sec. 206. Operation Lifesaver. reference shall be considered to be made to a amend title 49, United States Code, to pre- Sec. 207. Federal grants to States for high- section or other provision of title 49, United vent railroad fatalities, injuries, and haz- way-rail grade crossing safety. States Code.

VerDate Aug 31 2005 03:38 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.113 S01AUPT1 erowe on PRODPC61 with SENATE S8052 CONGRESSIONAL RECORD — SENATE August 1, 2008 SEC. 2. DEFINITIONS. ‘‘(E) $38,000,000. mittee on Commerce, Science, and Transpor- (a) IN GENERAL.—In this Act: ‘‘(F) $39,000,000. tation and the House of Representatives (1) CROSSING.—The term ‘‘crossing’’ means ‘‘(3) With amounts appropriated pursuant Committee on Transportation and Infra- a location within a State, other than a loca- to paragraph (1), the Secretary shall pur- structure at the same time as the Presi- tion where one or more railroad tracks cross chase Gage Restraint Measurement System dent’s budget submission. one or more railroad tracks at grade where— vehicles and track geometry vehicles or (d) ACHIEVEMENT OF GOALS.— (A) a public highway, road, or street, or a other comparable technology as needed to (1) PROGRESS ASSESSMENT.—No less fre- private roadway, including associated side- assess track safety, consistent with the re- quently than annually, the Secretary shall walks and pathways, crosses one or more sults of the track inspection study required assess the progress of the Department to- railroad tracks either at grade or grade-sepa- by section 403 of the Railroad Safety En- ward achieving the strategic goals described rated; or hancement Act of 2008. in subsection (a). The Secretary shall iden- (B) a pathway explicitly authorized by a ‘‘(4) Such sums as may be necessary from tify any deficiencies in achieving the goals public authority or a railroad that is dedi- the amount appropriated pursuant to para- within the strategy and develop and insti- cated for the use of nonvehicular traffic, in- graph (1) for each of the fiscal years 2008 tute measures to remediate such defi- cluding pedestrians, bicyclists, and others, through 2013 shall be made available to the ciencies. that is not associated with a public highway, Secretary for personnel in regional offices (2) REPORT TO CONGRESS.—Not later than road, or street, or a private roadway, crosses and in Washington, D.C., whose duties pri- November 1st of each year, the Secretary one or more railroad tracks either at grade marily involve rail security.’’. shall transmit a report to the Senate Com- or grade-separated. TITLE I—RAILROAD SAFETY RISK mittee on Commerce, Science, and Transpor- (2) DEPARTMENT.—The term ‘‘Department’’ REDUCTION AND STRATEGY tation and the House of Representatives means the Department of Transportation. Committee on Transportation and Infra- SEC. 101. ESTABLISHMENT OF CHIEF SAFETY OF- (3) RAILROAD.—The term ‘‘railroad’’ has FICER. structure on the performance of the Federal the meaning given that term by section 20102 Section 103 is amended— Railroad Administration containing the of title 49, United States Code. (1) by redesignating subsections (c), (d), progress assessment required by paragraph (4) RAILROAD CARRIER.—The term ‘‘railroad and (e) as subsections (e), (f), and (g); (1) toward achieving the goals of the railroad carrier’’ has the meaning given that term by (2) by inserting after subsection (b) the fol- safety strategy and annual plans under sub- section 20102 of title 49, United States Code. lowing: section (a). (5) SECRETARY.—The term ‘‘Secretary’’ ‘‘(c) SAFETY AS HIGHEST PRIORITY.—In car- SEC. 103. RAILROAD SAFETY RISK REDUCTION means the Secretary of Transportation. rying out its duties, the Administration PILOT PROGRAM. (6) STATE.—The term ‘‘State’’ means a shall consider safety as the highest priority, (a) IN GENERAL.—Subchapter II of chapter State of the United States, the District of recognizing the clear intent, encouragement, 201 is amended by adding at the end thereof Columbia, or the Commonwealth of Puerto and dedication of Congress to the further- the following: Rico. ance of the highest degree of safety in rail- ‘‘§ 20156. Railroad safety risk reduction pilot (b) IN TITLE 49.—Section 20102 is amended— road transportation. program (1) by redesignating paragraphs (1) and (2) ‘‘(d) CHIEF SAFETY OFFICER.—The Adminis- ‘‘(a) PILOT PROGRAM.— as paragraphs (2) and (3), respectively; tration shall have an Associate Adminis- ‘‘(1) IN GENERAL.—In conjunction with on- (2) by inserting before paragraph (2), as re- trator for Railroad Safety appointed in the going behavior-based safety research at the designated, the following: career service by the Secretary. The Asso- Department of Transportation, the Sec- ‘‘(1) ‘Class I railroad’ means a railroad car- ciate Administrator shall be the Chief Safety retary shall develop a 4-year railroad safety rier that has annual carrier operating reve- Officer of the Administration. The Associate risk reduction pilot program to systemati- nues that meet the threshold amount for Administrator shall carry out the duties and cally evaluate and manage railroad safety Class I carriers, as determined by the Sur- powers prescribed by the Administrator; and risks with the goal of reducing the numbers face Transportation Board under section (3) by striking ‘‘(c)(1)’’ in subsection (f), as and rates of railroad accidents, injuries, and 1201.1-1 of title 49, Code of Federal Regula- redesignated, and inserting ‘‘(e)(1)’’. fatalities. Not later than 1 year after the tions.’’; and SEC. 102. RAILROAD SAFETY STRATEGY. date of enactment of the Railroad Safety En- (3) by adding at the end thereof the fol- (a) SAFETY GOALS.—In conjunction with hancement Act of 2008, the Secretary shall, lowing: existing federally-required and voluntary in coordination with selected railroads, rail- ‘‘(4) ‘safety-related railroad employee’ strategic planning efforts ongoing at the De- road facilities, nonprofit employee labor or- means— partment and the Federal Railroad Adminis- ganizations that represent safety-related ‘‘(A) a railroad employee who is subject to tration on the date of enactment of this Act, railroad employees employed at such rail- chapter 211; the Secretary shall develop a long-term road or railroad facility, and any other enti- ‘‘(B) another operating railroad employee strategy for improving railroad safety to ties that the Secretary determines to be rel- who is not subject to chapter 211; cover a period of not less than 5 years. The evant, at a minimum— ‘‘(C) an employee who maintains the right strategy shall include an annual plan and ‘‘(A) identify the aspects of a selected rail- of way of a railroad carrier; schedule for achieving, at a minimum, the road or railroad facility, including operating ‘‘(D) an employee of a railroad carrier who following goals: practices, infrastructure, equipment, em- is a hazmat employee as defined in section (1) Reducing the number and rates of acci- ployee levels and schedules, safety culture, 5102(3) of this title; dents, injuries, and fatalities involving rail- management structure, employee training, ‘‘(E) an employee who inspects, repairs, or roads including train collisions, derailments, and other matters, including those not cov- maintains locomotives, passenger cars or and human factors. ered by railroad safety regulations or other freight cars; and (2) Improving the consistency and effec- Federal regulations, that impact railroad ‘‘(F) any other employee of a railroad car- tiveness of enforcement and compliance pro- safety; rier who directly affects railroad safety, as grams. ‘‘(B) evaluate how these aspects of a se- determined by the Secretary.’’. (3) Improving the identification of high- lected railroad or railroad facility increase SEC. 3. AUTHORIZATION OF APPROPRIATIONS. risk highway-rail grade crossings and or decrease risks to railroad safety; Section 20117(a) is amended to read as fol- strengthening enforcement and other meth- ‘‘(C) develop a safety risk reduction pro- lows: ods to increase grade crossing safety. gram to improve the safety of a selected rail- ‘‘(a) IN GENERAL.— (4) Improving research efforts to enhance road or railroad facility by reducing the ‘‘(1) There are authorized to be appro- and promote railroad safety and perform- numbers and rates of accidents, injuries, and priated to the Secretary of Transportation ance. fatalities through— to carry out this part and to carry out re- (5) Preventing railroad trespasser acci- ‘‘(i) the mitigation of the aspects of a se- sponsibilities under chapter 51 as delegated dents, injuries, and fatalities. lected railroad or railroad facility that in- or authorized by the Secretary— (6) Improving the safety of railroad crease risks to railroad safety; and ‘‘(A) $186,000,000 for fiscal year 2008; bridges, tunnels, and related infrastructure ‘‘(ii) the enhancement of aspects of a se- ‘‘(B) $221,000,000 for fiscal year 2009; to prevent accidents, injuries, and fatalities lected railroad or railroad facility that de- ‘‘(C) $231,000,000 for fiscal year 2010; caused by catastrophic failures and other crease risks to railroad safety; and ‘‘(D) $237,000,000 for fiscal year 2011; bridge and tunnel failures. ‘‘(D) incorporate into the program the con- ‘‘(E) $244,000,000 for fiscal year 2012; and (b) RESOURCE NEEDS.—The strategy and an- sideration and use of existing, new, or novel ‘‘(F) $251,000,000 for fiscal year 2013. nual plan shall include estimates of the technology, operating practices, risk man- ‘‘(2) With amounts appropriated pursuant funds and staff resources needed to accom- agement practices or other behavior-based to paragraph (1), the Secretary may des- plish the goals established by subsection (a). practices that could improve railroad safety ignate the following amounts for research Such estimates shall also include the staff at the selected railroad or railroad facility. and development: skills and training required for timely and ‘‘(2) IMPLEMENTATION DEADLINE.—Not later ‘‘(A) $36,000,000. effective accomplishment of each such goal. than 2 years after the date of enactment of ‘‘(B) $34,000,000. (c) SUBMISSION WITH THE PRESIDENT’S the Railroad Safety Enhancement Act of ‘‘(C) $36,000,000. BUDGET.—The Secretary shall submit the 2008, the selected railroad or railroad facility ‘‘(D) $37,000,000. strategy and annual plan to the Senate Com- shall implement the safety risk reduction

VerDate Aug 31 2005 03:38 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.115 S01AUPT1 erowe on PRODPC61 with SENATE August 1, 2008 CONGRESSIONAL RECORD — SENATE S8053 program developed under paragraph (1)(C) on ‘‘(B) to submit its program, including any systems, switch position indicators, tres- the selected railroad or railroad facility and required plans, to the Federal Railroad Ad- passer prevention technology, highway rail ensure that all employees at the selected ministration for its review and approval; and grade crossing technology, and other new or railroad or railroad facility have received ‘‘(C) to implement the program and plans novel railroad safety technology, as appro- training related to the program. approved by the Federal Railroad Adminis- priate, that may mitigate risks to railroad ‘‘(b) SELECTION OF RAILROAD OR RAILROAD tration. safety identified in the risk analysis re- FACILITY FOR PILOT PROGRAM.—Not later ‘‘(2) RELIANCE ON PILOT PROGRAM.—The quired by subsection (c). than 6 months after the date of enactment of Secretary shall use the information and ex- ‘‘(3) IMPLEMENTATION SCHEDULE.—A rail- the Railroad Safety Enhancement Act of perience gathered through the pilot program road’s technology implementation plan shall 2008, the Secretary shall develop a voluntary under section 20156 in developing regulations contain a prioritized implementation sched- application process to select 1 or more rail- under this section. ule for the development, adoption, imple- road carriers or railroad facilities where the ‘‘(3) WAIVERS.—Under section 20103(d) of mentation, and use of current, new, or novel pilot project will be implemented. The appli- this chapter the Secretary may grant a waiv- technologies on its system to reduce safety cation process shall include criteria for rat- er to a railroad carrier from compliance with risks identified under the railroad safety ing applicants, such as safety performance, all or a part of the requirements of this sec- risk reduction program. accident and incident history, existence of tion if the Secretary determines that the risk management or behavior-based prac- safety performance of the railroad carrier is ‘‘(f) FATIGUE MANAGEMENT PLAN.— tices at the railroad or railroad facility, sufficient to warrant the waiver. ‘‘(1) IN GENERAL.—As part of its railroad number of employees employed at the rail- safety risk reduction program, a railroad re- ‘‘(4) VOLUNTARY COMPLIANCE.—A railroad road or railroad facility, and other relevant carrier that is not required to submit a rail- quired to submit a railroad safety risk reduc- criteria determined by the Secretary. If road safety risk reduction program under tion program under subsection (a) for which more than 1 railroad or railroad facility is this section may voluntarily submit a pro- the analysis under subsection (c) has shown selected, the Secretary shall select railroads gram that meets the requirements of this fatigue to be a significant source of risk and railroad facilities that are representa- section to the Federal Railroad Administra- shall develop a fatigue management plan tive of the railroad industry as a whole, if tion. The Federal Railroad Administration that is designed to reduce the fatigue experi- possible. shall approve or disapprove any program enced by safety-related railroad employees ‘‘(c) EVALUATION.—Not later than 6 months and to reduce the likelihood of accidents, in- after the completion of the safety risk reduc- submitted under this paragraph. ‘‘(b) CERTIFICATION.—The chief official re- juries, and fatalities caused by fatigue. tion program pilot program, the Secretary sponsible for safety of each railroad carrier ‘‘(2) TARGETED FATIGUE COUNTER- shall submit a report to Congress evaluating required to submit a railroad safety risk re- MEASURES.—A railroad’s fatigue manage- the pilot program, which shall include— duction program under subsection (a) shall ment plan shall take into account the vary- ‘‘(1) a summary of the railroad safety risk certify that the contents of the program are ing circumstances of operations by the rail- reduction pilot program and description of accurate and that the railroad will imple- road on different parts of its system, and the actions taken by the Secretary and se- ment the contents of the program as ap- shall prescribe appropriate fatigue counter- lected railroad or railroad facilities during proved by the Federal Railroad Administra- measures to address those varying cir- the program; tion. cumstances. ‘‘(2) an analysis of the difference in the ‘‘(c) RISK ANALYSIS.—In developing its rail- ‘‘(3) ADDITIONAL ELEMENTS.—A railroad number and rates of accidents, injuries, and road safety risk reduction program each rail- shall consider the need to include in its fa- fatalities at a selected railroad or railroad road required to submit such a program tigue management plan elements addressing facility before and after the implementation under subsection (a) shall identify and ana- each of the following items, as applicable: of the risk reduction pilot program at a se- lyze the aspects of its railroad, including op- ‘‘(A) Employee education and training on lected railroad or railroad facility; and erating practices, infrastructure, equipment, the physiological and human factors that af- ‘‘(3) guidelines on the preparation and im- employee levels and schedules, safety cul- fect fatigue, as well as strategies to reduce plementation of railroad safety risk reduc- ture, management structure, employee or mitigate the effects of fatigue, based on tion program for the railroad carriers re- training, and other matters, including those the most current scientific and medical re- quired to develop such plans under section not covered by railroad safety regulations or search and literature. 20157 that reflect the best practices devel- other Federal regulations, that impact rail- ‘‘(B) Opportunities for identification, diag- oped during the pilot program. road safety. nosis, and treatment of any medical condi- ‘‘(d) GRANTS.—The Secretary shall estab- ‘‘(d) PROGRAM ELEMENTS.— tion that may affect alertness or fatigue, in- lish a grant program for implementation of ‘‘(1) IN GENERAL.—Each railroad required to cluding sleep disorders. the railroad safety risk reduction pilot pro- submit a railroad safety risk reduction pro- ‘‘(C) Effects on employee fatigue of an em- gram. Railroads and railroad facilities se- gram under subsection (a) shall develop a ployee’s short-term or sustained response to lected by the Secretary shall be eligible for comprehensive safety risk reduction pro- emergency situations, such as derailments grants. gram to improve safety by reducing the and natural disasters, or engagement in ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— number and rates of accidents, injuries, and other intensive working conditions. There are authorized to be appropriated to fatalities that is based on the risk analysis ‘‘(D) Scheduling practices for employees, the Secretary of Transportation $1,000,000 for required by subsection (c) through— including innovative scheduling practices for fiscal years 2009 and 2010 to carry out sub- ‘‘(A) the mitigation of aspects that in- employees, including scheduling procedures, section (d).’’. crease risks to railroad safety; and on-duty call practices, work and rest cycles, (b) CONFORMING AMENDMENT.—The chapter ‘‘(B) the enhancement of aspects that de- increases in consecutive days off for employ- analysis for chapter 201 is amended by in- crease risks to railroad safety. serting after the item relating to section ees, changes in shift patterns, appropriate ‘‘(2) REQUIRED COMPONENTS.—Each rail- 20155 the following: scheduling practices for varying types of road’s safety risk reduction program shall work, and other aspects of employee sched- ‘‘20156. Railroad safety risk reduction pilot include a technology implementation plan uling that would reduce employee fatigue program’’. that meets the requirements of subsection and cumulative sleep loss. SEC. 104. RAILROAD SAFETY RISK REDUCTION (e) and a fatigue management plan that ‘‘(E) Methods to minimize accidents and PROGRAM. meets the requirements of subsection (f). incidences that occur as a result of working (a) IN GENERAL.—Subchapter II of chapter ‘‘(e) TECHNOLOGY IMPLEMENTATION PLAN.— at times when scientific and medical re- 201, as amended by section 103, is amended by ‘‘(1) IN GENERAL.—As part of its railroad adding at end thereof the following: safety risk reduction program, a railroad re- search have shown increased fatigue disrupts ‘‘§ 20157. Railroad safety risk reduction pro- quired to submit a railroad safety risk reduc- employees’ circadian rhythm. gram tion program under subsection (a) shall de- ‘‘(F) Alertness strategies, such as policies on napping, to address acute sleepiness and ‘‘(a) IN GENERAL.— velop a 10-year technology implementation fatigue while an employee is on duty. ‘‘(1) PROGRAM REQUIREMENT.—Not later plan that describes the railroad’s plan for de- than 5 years after the date of enactment, the velopment, adoption, implementation, and ‘‘(G) Opportunities to obtain restful sleep Secretary, by regulation, shall require each use of current, new, or novel technologies on at lodging facilities, including employee railroad carrier that is a Class I railroad, a its system over a 10-year period to reduce sleeping quarters provided by the railroad railroad carrier that has inadequate safety safety risks identified under the railroad carrier. performance (as determined by the Sec- safety risk reduction program. ‘‘(H) The increase of the number of con- secutive hours of off-duty rest, during which retary), or a railroad that provides intercity ‘‘(2) TECHNOLOGY ANALYSIS.—A railroad’s passenger or commuter rail passenger trans- technology implementation plan shall in- an employee receives no communication portation— clude an analysis of the safety impact, feasi- from the employing railroad carrier or its ‘‘(A) to develop a railroad safety risk re- bility, and cost and benefits of implementing managers, supervisors, officers, or agents. duction program under subsection (d) that technologies, including processor-based tech- ‘‘(I) Avoidance of abrupt changes in rest systematically evaluates system-wide rail- nologies, positive train control systems (as cycles for employees. road safety risks and manages those risks in defined in section 20158(b)), electronically ‘‘(J) Additional elements that the Sec- order to reduce the numbers and rates of controlled pneumatic brakes, rail integrity retary considers appropriate. railroad accidents, injuries, and fatalities; inspection systems, rail integrity warning ‘‘(g) CONSENSUS.—

VerDate Aug 31 2005 03:38 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.115 S01AUPT1 erowe on PRODPC61 with SENATE S8054 CONGRESSIONAL RECORD — SENATE August 1, 2008

‘‘(1) IN GENERAL.—Each railroad required to ‘‘(A) on duty; terim period of at least 4 consecutive hours submit a railroad safety risk reduction pro- ‘‘(B) waiting for transportation, or in available for rest under subsection (b)(7), or gram under subsection (a) shall consult with, deadhead transportation, to a place of final during additional off duty hours elected to employ good faith and use its best efforts to release; or be taken by an employee under subsection reach agreement with, all of its directly af- ‘‘(C) in any other mandatory service for (c)(3), a railroad carrier, and its officers and fected employees, including any non-profit the carrier; agents, shall not communicate with the labor organization representing a class or ‘‘(2) remain or go on duty for a period in train employee by telephone, by pager, or in craft of directly affected employees of the excess of 12 consecutive hours; any other manner that could reasonably be railroad carrier, on the contents of the safe- ‘‘(3) remain or go on duty unless that em- expected to disrupt the employee’s rest. ty risk reduction program. ployee has had at least 10 consecutive hours Nothing in this subsection shall prohibit ‘‘(2) STATEMENT.—If the railroad carrier off duty during the prior 24 hours; or communication necessary to notify an em- and its directly affected employees, includ- ‘‘(4) remain or go on duty after that em- ployee of an emergency situation, as defined ing any nonprofit employee labor organiza- ployee has initiated an on-duty period each by the Secretary. The Secretary may waive tion representing a class or craft of directly day for— the requirements of this paragraph for com- affected employees of the railroad carrier, ‘‘(A) 6 consecutive days, unless that em- muter or intercity passenger railroads if the cannot reach consensus on the proposed con- ployee has had at least 48 consecutive hours Secretary determines that such a waiver will tents of the plan, then directly affected em- off duty at the employee’s home terminal not reduce safety and is necessary to main- ployees and such organization may file a during which time the employee is unavail- tain such railroads’ efficient operations and statement with the Secretary explaining able for any service for any railroad carrier; on-time performance of its trains.’’. their views on the plan on which consensus or (c) LIMITATION ON DUTY HOURS OF SIGNAL was not reached. The Secretary shall con- ‘‘(B) 7 consecutive days, unless that em- EMPLOYEES.—Section 21104 is amended— sider such views during review and approval ployee has had at least 72 consecutive hours (1) by striking subsection (a) and inserting of the program. off duty at the employee’s home terminal the following: ‘‘(h) ENFORCEMENT.—The Secretary shall during which time the employee is unavail- ‘‘(a) IN GENERAL.—Except as provided in have the authority to assess civil penalties able for any service for any railroad carrier, subsection (c) of this section, a railroad car- pursuant to chapter 213 for a violation of if— rier and its officers and agents may not re- this section, including the failure to submit, ‘‘(i) a collective bargaining agreement ex- quire or allow its signal employee to remain certify, or comply with a safety risk reduc- pressly provides for such a schedule; or go on duty and a contractor or subcon- tion program, technology implementation ‘‘(ii) such a schedule is provided for by a tractor to a railroad carrier and its officers plan, or fatigue management plan.’’. pilot program authorized by a collective bar- and agents may not require or allow one of (b) CONFORMING AMENDMENT.—The chapter gaining agreement; or its signal employees to remain or go on analysis for chapter 201, as amended by sec- ‘‘(iii) such a schedule is provided for by a duty‘‘— tion 103, is further amended by inserting pilot program under section 21108 of this ‘‘(1) for a period in excess of 12 consecutive after the item relating to section 20156 the chapter related to employees’ work and rest hours; or following: cycles. ‘‘(2) unless that employee has had at least ‘‘20157. Railroad safety risk reduction pro- The Secretary may waive paragraph (4), con- 10 consecutive hours off duty during the gram’’. sistent with the procedural requirements of prior 24 hours.’’; SEC. 105. POSITIVE TRAIN CONTROL SYSTEM IM- section 20103, if a collective bargaining (2) by striking ‘‘duty, except that up to one PLEMENTATION. agreement provides a different arrangement hour of that time spent returning from the (a) IN GENERAL.—Subchapter II of chapter and such an arrangement is in the public in- final trouble call of a period of continuous or terest and consistent with railroad safety.’’; 201, as amended by section 104, is further broken service is time off duty.’’ in sub- (2) by redesignating subsection (c) as sub- amended by adding at end thereof the fol- section (b)(3) and inserting ‘‘duty.’’; lowing: section (d) and inserting after subsection (b) (3) by inserting ‘‘A signal employee may the following: ‘‘§ 20158. Positive train control system imple- not be allowed to remain or go on duty under ‘‘(c) LIMBO TIME LIMITATION AND ADDI- mentation the emergency authority provided under this TIONAL REST REQUIREMENT.— ‘‘(a) IN GENERAL.—The Secretary of Trans- ‘‘(1) A railroad carrier may not require or subsection to conduct routine repairs, rou- portation shall ensure that each railroad re- tine maintenance, or routine inspection of quired to submit a railroad safety risk reduc- allow an employee to remain or go on duty in excess of 15 hours of time on duty and signal systems.’’ after ‘‘service.’’ in sub- tion program pursuant to section 20157 that section (c); includes in its technology implementation time waiting for deadhead transportation on a train, not including interim rest periods (4) by adding at the end the following: plan a schedule for implementation of a posi- ‘‘(d) COMMUNICATION DURING TIME OFF tive train control system complies with that unless the train carrying the employee is di- rectly delayed by— DUTY.—During a signal employee’s minimum schedule and implements its positive train off-duty period of 10 consecutive hours, as control system by December 31, 2018, unless ‘‘(A) a casualty; ‘‘(B) an accident; provided under subsection (a), a railroad car- the Secretary determines that a railroad rier or a contractor or subcontractor to a shall implement its positive train control ‘‘(C) an act of God; ‘‘(D) a derailment; railroad carrier, and its officers and agents, system by an earlier date. shall not communicate with the signal em- ‘‘(b) POSITIVE TRAIN CONTROL SYSTEM DE- ‘‘(E) a major equipment failure that pre- ployee by telephone, by pager, or in any FINED.—The term ‘positive train control sys- vents the train from advancing; or other manner that could reasonably be ex- tem’ means a system designed to prevent ‘‘(F) a delay resulting from a cause un- pected to disrupt the employee’s rest. Noth- train-to-train collisions, overspeed known and unforeseeable to a railroad car- ing in this subsection shall prohibit commu- derailments, and incursions into roadway rier or its officer or agent in charge of the nication necessary to notify an employee of worker work limits.’’. employee when the employee left a terminal. an emergency situation, as defined by the (b) CONFORMING AMENDMENT.—The chapter ‘‘(2) Each railroad carrier shall report to analysis for chapter 201, as amended by sec- the Secretary, in accordance with procedures Secretary. tion 104, is further amended by inserting established by the Secretary, each instance ‘‘(e) EXCLUSIVITY.—The hours of service, after the item relating to section 20157 the where an employee subject to this section duty hours, and rest periods of signal em- following: spends time waiting for deadhead transpor- ployees shall be governed exclusively by this chapter. Signal employees operating motor ‘‘20158. Positive train control system imple- tation on a train in excess of the require- vehicles shall not be subject to any hours of mentation’’. ments of paragraph (1). ‘‘(3) A railroad carrier and its officers and service rules, duty hours or rest period rules SEC. 106. HOURS-OF-SERVICE REFORM. promulgated by any Federal authority, in- (a) CHANGE IN DEFINITION OF SIGNAL EM- agents shall provide, at the election of em- cluding the Federal Motor Carrier Safety PLOYEE.—Section 21101(4) is amended— ployees subject to this section at the begin- Administration, other than the Federal Rail- (1) by striking ‘‘employed by a railroad ning of the employee’s off-duty period addi- road Administration.’’. carrier’’; and tional time off duty equal to the number of (d) ALTERNATE HOURS OF SERVICE RE- (2) by inserting ‘‘railroad’’ after ‘‘main- hours that such sum exceeds 12 hours if— GIME.— taining’’. ‘‘(A) the time spent waiting for transpor- (1) APPLICATION OF HOURS OF SERVICE RE- (b) LIMITATION ON DUTY HOURS OF TRAIN tation, or in deadhead transportation, from a GIME.—Section 21102 is amended— EMPLOYEES.—Section 21103 is amended— duty assignment to the place of final release (1) by striking subsection (a) and inserting that is not time on duty, plus (A) by striking the section caption and in- the following: ‘‘(B) the time on duty, serting the following: ‘‘(a) IN GENERAL.—Except as provided in exceeds 12 consecutive hours.’’; and ‘‘§ 21102. Nonapplication, exemption, and al- subsection (d) of this section, a railroad car- (3) by adding at the end thereof the fol- ternate hours of service regime’’ ; and rier and its officers and agents may not re- lowing: (B) by adding at the end thereof the fol- quire or allow a train employee to— ‘‘(e) COMMUNICATION DURING TIME OFF lowing: ‘‘(1) remain or go on duty in any calendar DUTY.—During a train employee’s minimum ‘‘(c) ALTERNATE HOURS OF SERVICE RE- month where the employee had spent a total off-duty period of 10 consecutive hours, as GIME.—A railroad carrier and its directly af- of 276 hours— provided under subsection (a), during an in- fected employees or a non-profit employee

VerDate Aug 31 2005 03:38 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.115 S01AUPT1 erowe on PRODPC61 with SENATE August 1, 2008 CONGRESSIONAL RECORD — SENATE S8055 labor organization that represents such em- ‘‘§ 21109. Regulatory authority mittee shall reach consensus on the rule- ployees may jointly develop and submit for ‘‘(a) IN GENERAL.—In order to improve safe- making within 18 months after accepting the approval to the Secretary an alternate hours ty and reduce employee fatigue, the Sec- task. If the Committee does not reach con- of service regime to that provided in this retary may prescribe regulations— sensus within 18 months after the Secretary chapter that would increase the maximum ‘‘(1) to reduce the maximum hours an em- makes the request, the Secretary shall pre- hours an employee may be required or al- ployee may be required or allowed to go or scribe appropriate regulations within 18 lowed to go or remain on duty or decrease remain on duty to a level less than the level months. If the Secretary does not request the minimum hours an employee may be re- established under this chapter; that the Railroad Safety Advisory Com- quired to rest and would become effective no ‘‘(2) to increase the minimum hours an em- mittee accept the task of developing regula- earlier than 1 year after the date of enact- ployee may be required or allowed to rest to tions under subsection (a) or (b), the Sec- ment of the Railroad Safety Enhancement a level greater than the level established retary shall prescribe regulations within 3 Act of 2008. The Secretary may consider such under this chapter; years after the date of enactment of the Railroad Safety Enhancement Act of 2008. a request anytime after the date of enact- ‘‘(3) to limit or eliminate the amount of ‘‘(e) PILOT PROJECTS.— ment of the Railroad Safety Enhancement time an employee spends waiting for or in ‘‘(1) IN GENERAL.—Not later than 2 years Act of 2008 and may approve such a request deadhead transportation to the place of final after the date of enactment of the Railroad only after providing an opportunity for pub- release that is considered neither on duty nor off duty under this chapter; Safety Enhancement Act of 2008, the Sec- lic notice and comment and determining retary shall conduct at least 2 pilot projects that the proposed hours of service regime is ‘‘(4) to make changes to the number of hours an employee may spend waiting on a of sufficient size and scope to analyze spe- in the public interest and will not adversely cific practices which may be used to reduce affect railroad safety. The exemption shall train for deadhead transportation to the place of final release that is considered nei- fatigue for train and engine and other rail- be for a specific period of time and shall be ther on duty nor off duty that provide for an road employees as follows: subject to review upon a schedule deter- equivalent level of safety as the level estab- ‘‘(A) A pilot project at a railroad or rail- mined appropriate by the Secretary. lished under this chapter; road facility to evaluate the efficacy of com- ‘‘(d) APPLICATION OF HOURS OF SERVICE RE- ‘‘(5) to make changes to the requirements municating to employees notice of their as- GIME TO COMMUTER AND INTERCITY PAS- of off-duty communications with employees signed shift time 10 hours prior to the begin- SENGER RAILROAD TRAIN EMPLOYEES.— that provide for an equivalent level of safety ning of their assigned shift as a method for ‘‘(1) When providing commuter rail pas- as the level established under this chapter; reducing employee fatigue. senger transportation or intercity rail pas- ‘‘(6) for signal employees— ‘‘(B) A pilot project at a railroad or rail- senger transportation, the limitations on ‘‘(A) to limit or eliminate the amount of road facility to evaluate the efficacy of re- duty hours for train employees of railroad time that is considered to be neither on duty quiring railroads who use employee sched- carriers, including public authorities oper- nor off duty under this chapter that an em- uling practices that subject employees to pe- ating passenger service, shall be solely gov- ployee spends returning from an outlying riods of unscheduled duty calls to assign em- erned by old section 21103 until the earlier worksite after scheduled duty hours or re- ployees to defined or specific unscheduled of— turning from a trouble call to the employee’s call shifts that are followed by shifts not ‘‘(A) the effective date of regulations pre- headquarters or directly to the employee’s subject to call, as a method for reducing em- scribed by the Secretary under section residence; and ployee fatigue. 21109(b) of this chapter; or ‘‘(B) to increase the amount of time that ‘‘(2) WAIVER.—The Secretary may tempo- ‘‘(B) the date that is 3 years following the constitutes a release period, that does not rarily waive the requirements of this sec- date of enactment of the Railroad Safety En- break the continuity of service and is consid- tion, if necessary, to complete a pilot project hancement Act of 2008. ered time off duty; and under this subsection. ‘‘(2) After the date on which old section ‘‘(7) to require other changes to railroad ‘‘(f) DUTY CALL DEFINED.—In this section 21103 ceases to apply, pursuant to paragraph operating and scheduling practices, includ- the term ‘duty call’ means a telephone call (1), to the limitations on duty hours for train ing unscheduled duty calls, that could affect that a railroad places to an employee to no- employees of railroad carriers with respect employee fatigue and railroad safety. tify the employee of his or her assigned shift to the provision of commuter rail passenger ‘‘(b) REGULATIONS GOVERNING THE HOURS OF time.’’. transportation or intercity rail passenger SERVICE OF TRAIN EMPLOYEES OF COMMUTER (2) CONFORMING AMENDMENTS.— transportation, the limitations on duty AND INTERCITY PASSENGER RAILROAD CAR- (A) The chapter analysis for chapter 211 is hours for train employees of such railroad RIERS.—Within 3 years after the date of en- amended by adding at the end thereof the carriers shall be governed by new section actment of the Railroad Safety Enhance- following: 21103, except as provided in paragraph (3). ment Act of 2008, the Secretary shall pre- ‘‘21109. Regulatory authority’’. ‘‘(3) After the effective date of the regula- scribe regulations and issue orders to estab- (B) The first sentence of section 21303(a)(1) tions prescribed by the Secretary under sec- lish hours of service requirements for train is amended by inserting ‘‘including section tion 21109(b) of this title, such carriers employees engaged in commuter rail pas- 21103 (as such section was in effect on the shall— senger transportation and intercity rail pas- day before the date of enactment of the Rail- ‘‘(A) comply with the limitations on duty senger transportation (as defined in section road Safety Enhancement Act of 2008),’’ after hours for train employees with respect to the 24102 of this title) that may differ from the ‘‘this title,’’ the second place it appears. provision of commuter rail passenger trans- requirements of this chapter. Such regula- (f) RECORD KEEPING AND REPORTING.— portation or intercity rail passenger trans- tions and orders may address railroad oper- (1) REGULATIONS.—Not later than 180 days portation as prescribed by such regulations; ating and scheduling practices, including un- after the date of enactment of this Act, the and scheduled duty calls, communications during Secretary shall prescribe a regulation revis- ‘‘(B) be exempt from complying with the time off duty, and time spent in or waiting ing the requirements for recordkeeping and provisions of old section 21103 and new sec- for deadhead transportation to the place of reporting for Hours of Service of Railroad tion 21103 for such employees. final release, that could affect employee fa- Employees contained in part 228 of title 49, ‘‘(4) In this subsection: tigue and railroad safety. Code of Federal Regulations— ‘‘(A) The terms ‘commuter rail passenger ‘‘(c) CONSIDERATIONS.—In issuing regula- (A) to adjust record keeping and reporting transportation’ and ‘intercity rail passenger tions under subsection (a) the Secretary requirements to support fully compliance transportation’ have the meaning given shall consider scientific and medical re- with chapter 211 of title 49, United States those terms in section 24102 of this title. search related to fatigue and fatigue abate- Code, as amended by this Act; ‘‘(C) The term ‘new section 21103’ means ment, railroad scheduling and operating (B) to authorize electronic record keeping, section 21103 of this chapter as amended by practices that improve safety or reduce em- and reporting of excess service, consistent the Railroad Safety Enhancement Act of ployee fatigue, a railroad’s use of new or with appropriate considerations for user 2008. novel technology intended to reduce or interface; and ‘‘(D) The term ‘old section 21103’ means eliminate human error, the variations in (C) to require training of affected employ- section 21103 of this chapter as it was in ef- freight and passenger railroad scheduling ees and supervisors, including training of fect on the day before the enactment of that practices and operating conditions, the vari- employees in the entry of hours of service Act.’’. ations in duties and operating conditions for data. (2) CONFORMING AMENDMENT.—The chapter employees subject to this chapter, a rail- (2) PROCEDURE.—In lieu of issuing a notice analysis for chapter 211 is amended by strik- road’s required or voluntary use of fatigue of proposed rulemaking as contemplated by ing the item relating to section 21102 and in- management plans covering employees sub- section 553 of title 5, United States Code, the serting the following: ject to this chapter, and any other relevant Secretary may utilize the Railroad Safety factors. Advisory Committee to assist in develop- ‘‘21102. Nonapplication, exemption, and alter- ‘‘(d) TIME LIMITS.—If the Secretary re- ment of the regulation. The Secretary may nate hours of service regime’’. quests that the Railroad Safety Advisory propose and adopt amendments to the re- (e) REGULATORY AUTHORITY.— Committee accept the task of developing vised regulations thereafter as may be nec- (1) IN GENERAL.—Chapter 211 is amended by regulations under subsection (a) or (b) and essary in light of experience under the re- adding at the end thereof the following: the Committee accepts the task, the Com- vised requirements.

VerDate Aug 31 2005 03:38 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.115 S01AUPT1 erowe on PRODPC61 with SENATE S8056 CONGRESSIONAL RECORD — SENATE August 1, 2008

(g) 1-YEAR DELAY IN IMPLEMENTATION OF TITLE II—HIGHWAY-RAIL GRADE CROSS- ‘‘(2) factors affecting the timeliness and ef- DUTY HOURS LIMITATION CHANGES.—The ING AND PEDESTRIAN SAFETY AND fectiveness of roadway user decisionmaking, amendments made by subsections (a), (b), TRESPASSER PREVENTION including the maximum allowable roadway and (c) shall take effect 1 year after the date SEC. 201. PEDESTRIAN CROSSING SAFETY. speed, maximum authorized train speed, of enactment of this Act. Not later than 1 year after the date of en- angle of intersection, and topography; SEC. 107. PROTECTION OF RAILROAD SAFETY actment of this Act, the Secretary shall pro- ‘‘(3) the presence or absence of other sight RISK ANALYSES INFORMATION. vide guidance to railroads on strategies and distance obstructions off the railroad right- (a) AMENDMENT.—Subchapter I of chapter methods to prevent pedestrian accidents, in- of-way; and 201 is amended by adding at the end thereof juries, and fatalities at or near passenger ‘‘(4) any other factors affecting safety at the following: stations, including— such crossings. ‘‘(b) PROTECTED VEGETATION.—In promul- ‘‘§ 20118. Prohibition on public disclosure of (1) providing audible warning of approach- gating regulations pursuant to this section, railroad safety analysis records ing trains to the pedestrians at railroad pas- senger stations; the Secretary may make allowance for pres- ‘‘(a) IN GENERAL.—Except as necessary for (2) using signs, signals, or other visual de- ervation of trees and other ornamental or the Secretary of Transportation or another vices to warn pedestrians of approaching protective growth where State or local law Federal agency to enforce or carry out any trains; or policy would otherwise protect the vege- provision of Federal law, any part of any (3) installing infrastructure at pedestrian tation from removal and where the roadway record (including, but not limited to, a rail- crossings to improve the safety of pedes- authority or private crossing holder is noti- road carrier’s analysis of its safety risks and trians crossing railroad tracks; fied of the sight distance obstruction and, its statement of the mitigation measures it (4) installing fences to prohibit access to within a reasonable period specified by the has identified with which to address those railroad tracks; and regulation, takes appropriate action to abate risks) that the Secretary has obtained pursu- (5) other strategies or methods as deter- the hazard to roadway users (such as by clos- ant to a provision of, or regulation or order ing the crossing, posting supplementary mined by the Secretary. under, this chapter related to the establish- signage, installing active warning devices, ment, implementation, or modification of a SEC. 202. STATE ACTION PLANS. lowering roadway speed, or installing traffic (a) IN GENERAL.—Beginning not later than railroad safety risk reduction program or calming devices). 6 months after the date of enactment of this pilot program is exempt from the require- ‘‘(c) MODEL LEGISLATION.—Not later than Act, the Secretary shall identify on an an- ments of section 552 of title 5 if the record 18 months after the date of enactment of the nual basis the 10 States that receive Federal Railroad Safety Enhancement Act of 2008, is— funds for highway-rail grade crossing safety ‘‘(1) supplied to the Secretary pursuant to the Secretary, after consultation with the projects that have had the most highway-rail Federal Railroad Administration, the Fed- that safety risk reduction program or pilot grade crossing collisions in the preceding fis- program; or eral Highway Administration, and States, cal year. The Secretary may require as a shall develop and make available to States ‘‘(2) made available for inspection and condition of receiving such funds in the fu- copying by an officer, employee, or agent of model legislation providing for improving ture (in addition to any requirements im- safety by addressing sight obstructions, at the Secretary pursuant to that safety risk posed under any other provision of law) that reduction program or pilot program. highway-rail grade crossings that are each of these States develop within a period equipped solely with passive warnings, as ‘‘(b) EXCEPTION.—Notwithstanding sub- of time determined by the Secretary a State recommended by the Inspector General of section (a), the Secretary may disclose any Grade Crossing Action Plan that identifies part of any record comprised of facts other- the Department of Transportation in Report specific solutions for improving safety at No. MH–2007–044.’’. wise available to the public if, in the Sec- crossings, including highway-rail grade (b) CONFORMING AMENDMENT.—The chapter retary’s sole discretion, the Secretary deter- crossing closures or grade separations, par- analysis for chapter 201, as amended by sec- mines that disclosure would be consistent ticularly at crossings that have experienced tion 105 of this Act, is amended by inserting with the confidentiality needed for that safe- multiple accidents, and shall provide assist- after the item relating to section 20158 the ty risk reduction program. ance to the States in developing and car- following new item: ‘‘(c) DISCRETIONARY PROHIBITION OF DISCLO- rying out, as appropriate, the plan. The plan ‘‘20159. Roadway user sight distance at high- SURE.—The Secretary may prohibit the pub- may be coordinated with other State or Fed- way-rail grade crossings’’. lic disclosure of risk analyses or risk mitiga- eral planning requirements. SEC. 204. NATIONAL CROSSING INVENTORY. tion analyses that the Secretary has ob- (b) REVIEW AND APPROVAL.—Not later than tained under other provisions of, or regula- 90 days after the Secretary receives a plan (a) IN GENERAL.—Subchapter II of chapter tions or orders under, this chapter if the Sec- under subsection (a), the Secretary shall re- 201, as amended by section 203 of this Act, is retary determines that the prohibition of view and approve or disapprove it. If the pro- further amended by adding at the end the public disclosure is necessary to promote posed plan is not approved, the Secretary following new section: railroad safety. shall notify the affected State as to the spe- ‘‘§ 20160. National crossing inventory ‘‘§ 20119. Discovery and admission into evi- cific points in which the proposed plan is de- ‘‘(a) INITIAL REPORTING OF INFORMATION dence of certain reports and surveys ficient, and the State shall correct all defi- ABOUT PREVIOUSLY UNREPORTED CROSS- ciencies within 60 days following receipt of INGS.—Not later than 1 year after the date of ‘‘Notwithstanding any other provision of written notice from the Secretary. enactment of the Railroad Safety Enhance- law, no part of any report, survey, schedule, SEC. 203. IMPROVEMENTS TO SIGHT DISTANCE ment Act of 2008 or 6 months after a new list, or data compiled or collected for the AT HIGHWAY-RAIL GRADE CROSS- crossing becomes operational, whichever oc- purpose of evaluating, planning, or imple- INGS. curs later, each railroad carrier shall— menting a railroad safety risk reduction pro- (a) IN GENERAL.—Subchapter II of chapter ‘‘(1) report to the Secretary of Transpor- gram or other risk analysis or risk mitiga- 201, as amended by section 105 of this Act, is tation current information, including infor- tion analysis designated by the Secretary of further amended by inserting after section mation about warning devices and signage, Transportation under section 20118(c) pursu- 20158 the following: as specified by the Secretary, concerning ant to a provision of, or regulation or order ‘‘§ 20159. Roadway user sight distance at each previously unreported crossing through under, this chapter (including a railroad car- highway-rail grade crossings which it operates or with respect to the rier’s analysis of its safety risks and its ‘‘(a) IN GENERAL.—Not later than 18 trackage over which it operates; or statement of the mitigation measures with months after the date of enactment of the ‘‘(2) ensure that the information has been which it will address those risks) shall be Railroad Safety Enhancement Act of 2008, reported to the Secretary by another rail- subject to discovery or admitted into evi- the Secretary of Transportation shall pre- road carrier that operates through the cross- dence in a Federal or State court proceeding, scribe regulations that require each railroad ing. or considered for another purpose, in any ac- carrier to remove from its active rights-of- ‘‘(b) UPDATING OF CROSSING INFORMATION.— tion by a private party or parties for dam- way at all public highway-rail grade cross- ‘‘(1) On a periodic basis beginning not later ages against the carrier, or its officers, em- ings, and at all private highway-rail grade than 2 years after the date of enactment of ployees, or contractors. The preceding sen- crossings open to unrestricted public access the Railroad Safety Enhancement Act of 2008 tence does not apply to any report, survey, (as declared in writing by the holder of the and on or before September 30 of every year list, or data otherwise available to the pub- crossing right), grass, brush, shrubbery, thereafter, or as otherwise specified by the lic.’’. trees, and other vegetation which may mate- Secretary, each railroad carrier shall— (b) CONFORMING AMENDMENT.—The chapter rially obstruct the view of a pedestrian or a ‘‘(A) report to the Secretary current infor- analysis for chapter 201 is amended by in- vehicle operator for a reasonable distance, as mation, including information about warn- serting after the item relating to section specified by the Secretary, in either direc- ing devices and signage, as specified by the 20117 the following: tion of the train’s approach, and to maintain Secretary, concerning each crossing through ‘‘20118. Prohibition on public disclosure of its rights-of-way at all such crossings free of which it operates or with respect to the railroad safety analysis such vegetation. In prescribing the regula- trackage over which it operates; or records’’. tions, the Secretary shall take into consider- ‘‘(B) ensure that the information has been ‘‘20119. Discovery and admission into evi- ation to the extent practicable— reported to the Secretary by another rail- dence of certain reports and ‘‘(1) the type of warning device or warning road carrier that operates through the cross- surveys’’. devices installed at such crossings; ing.

VerDate Aug 31 2005 03:38 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.115 S01AUPT1 erowe on PRODPC61 with SENATE August 1, 2008 CONGRESSIONAL RECORD — SENATE S8057 ‘‘(2) A railroad carrier that sells a crossing tory policy, procedures, and instructions for ‘‘(5) ensure the placement at each grade or any part of a crossing on or after the date States and railroads that is in effect on the crossing on rights-of-way that it owns of ap- of enactment of the Railroad Safety En- date of enactment of the Railroad Safety En- propriately located signs, on which shall ap- hancement Act of 2008 shall, not later than hancement Act of 2008, until such provision pear, at a minimum— the date that is 18 months after the date of is superseded by a regulation issued under ‘‘(A) a telephone number to be used for enactment of that Act or 3 months after the this subsection. placing calls described in paragraph (1) to sale, whichever occurs later, or as otherwise ‘‘(4) DEFINITIONS.—In this subsection— the railroad carrier dispatching trains on specified by the Secretary, report to the Sec- ‘‘(A) ‘public crossing’ means a location that right-of-way; retary current information, as specified by within a State, other than a location where ‘‘(B) an explanation of the purpose of that the Secretary, concerning the change in one or more railroad tracks cross one or telephone number; and ownership of the crossing or part of the more railroad tracks either at grade or ‘‘(C) the grade crossing number assigned crossing. grade-separated, where— for that crossing by the National Highway- ‘‘(c) RULEMAKING AUTHORITY.—The Sec- ‘‘(i) a public highway, road, or street, in- Rail Crossing Inventory established by the retary shall prescribe the regulations nec- cluding associated sidewalks and pathways, Department of Transportation.’’. essary to implement this section. The Sec- crosses one or more railroad tracks either at (b) CONFORMING AMENDMENT.—The chapter retary may enforce each provision of the De- grade or grade-separated; or analysis for chapter 201 is amended by strik- partment of Transportation’s statement of ‘‘(ii) a publicly owned pathway explicitly ing the item relating to section 20152 and in- the national highway-rail crossing inventory authorized by a public authority or a rail- serting the following: road carrier and dedicated for the use of non- policy, procedures, and instruction for ‘‘20152. Notification of grade crossing prob- vehicular traffic, including pedestrians, States and railroads that is in effect on the lems’’. date of enactment of the Railroad Safety En- bicyclists, and others, that is not associated SEC. 206. OPERATION LIFESAVER. hancement Act of 2008, until such provision with a public highway, road, or street, or a (a) GRANT.—The Federal Railroad Adminis- is superseded by a regulation issued under private roadway, crosses one or more rail- tration shall make a grant or grants to Oper- this section. road tracks either at grade or grade-sepa- ation Lifesaver to carry out a public infor- ‘‘(d) DEFINITIONS.—In this section: rated; and mation and education program to help pre- ‘‘(1) CROSSING.—The term ‘crossing’ means ‘‘(B) ‘State’ means a State of the United a location within a State, other than a loca- States, the District of Columbia, or Puerto vent and reduce pedestrian, motor vehicle, tion where one or more railroad tracks cross Rico.’’. and other incidents, injuries, and fatalities, one or more railroad tracks either at grade (d) CIVIL PENALTIES.— and to improve awareness along railroad or grade-separated, where— (1) Section 21301(a)(1) is amended— rights-of-way and at highway-rail grade ‘‘(A) a public highway, road, or street, or a (A) by inserting ‘‘with section 20160 or’’ crossings. This includes development, place- private roadway, including associated side- after ‘‘comply’’ in the first sentence; and ment, and dissemination of Public Service walks and pathways, crosses one or more (B) by inserting ‘‘section 20157 of this title Announcements in newspaper, radio, tele- railroad tracks either at grade or grade-sepa- or’’ after ‘‘violating’’ in the second sentence. vision, and other media. It will also include rated; or (2) Section 21301(a)(2) is amended by insert- school presentations, brochures and mate- ‘‘(B) a pathway explicitly authorized by a ing ‘‘The Secretary shall impose a civil pen- rials, support for public awareness cam- alty for a violation of section 20160 of this public authority or a railroad carrier that is paigns, and related support for the activities title.’’ after the first sentence. dedicated for the use of nonvehicular traffic, of Operation Lifesaver’s member organiza- including pedestrians, bicyclists, and others, SEC. 205. TELEPHONE NUMBER TO REPORT tions. As part of an educational program GRADE CROSSING PROBLEMS. that is not associated with a public highway, funded by grants awarded under this section, (a) IN GENERAL.—Section 20152 is amended Operation Lifesaver shall provide informa- road, or street, or a private roadway, crosses to read as follows: one or more railroad tracks either at grade tion to the public on how to identify and re- or grade-separated. ‘‘§ 20152. Notification of grade crossing prob- port to the appropriate authorities unsafe or lems malfunctioning highway-rail grade cross- ‘‘(2) STATE.—The term ‘State’ means a State of the United States, the District of ‘‘Not later than 18 months after the date of ings. Columbia, or the Commonwealth of Puerto enactment of the Railroad Safety Enhance- (b) PILOT PROGRAM.—The Secretary may Rico.’’. ment Act of 2008, the Secretary of Transpor- allow funds provided under subsection (a) (b) CONFORMING AMENDMENT.—The chapter tation shall require each railroad carrier also to be used by Operation Lifesaver to im- analysis for chapter 201, as amended by sec- to— plement a pilot program, to be known as the tion 203 of this Act, is amended by inserting ‘‘(1) establish and maintain a telephone Railroad Safety Public Awareness Program, after the item relating to section 20159 the service, which may be required to be a toll- that addresses the need for targeted and sus- following: free telephone for specific railroad carriers tained community outreach on the subjects as determined by the Secretary to be appro- described in subsection (a). Such a pilot pro- ‘‘20160. National crossing inventory’’. priate, for rights-of-way over which it dis- gram shall be established in 1 or more States (c) REPORTING AND UPDATING.—Section 130 patches trains, to directly receive calls re- identified under section 202 of this Act. In of title 23, United States Code, is amended by porting— carrying out such a pilot program Operation adding at the end the following: ‘‘(A) malfunctions of signals, crossing Lifesaver shall work with the State, commu- ‘‘(l) NATIONAL CROSSING INVENTORY.— gates, and other devices to promote safety at nity leaders, school districts, and public and ‘‘(1) INITIAL REPORTING OF CROSSING INFOR- the grade crossing of railroad tracks on private partners to identify the communities MATION.—Not later than 1 year after the date those rights-of-way and public or private at greatest risk, to develop appropriate of enactment of the Railroad Safety En- roads; measures to reduce such risks, and shall co- hancement Act of 2008 or within 6 months of ‘‘(B) disabled vehicles blocking railroad ordinate the pilot program with the State a new crossing becoming operational, which- tracks at such grade crossings; grade crossing action plan. ever occurs later, each State shall report to ‘‘(C) obstructions to the view of a pedes- (c) AUTHORIZATION OF APPROPRIATIONS.— the Secretary of Transportation current in- trian or a vehicle operator for a reasonable There are authorized to be appropriated to formation, including information about distance in either direction of a train’s ap- the Federal Railroad Administration for car- warning devices and signage, as specified by proach; or rying out this section— the Secretary, concerning each previously ‘‘(D) other safety information involving (1) $2,000,000 for each of fiscal years 2008, unreported crossing located within its bor- such grade crossings; 2009, and 2010; and ders. ‘‘(2) upon receiving a report pursuant to (2) $1,500,000 for each of fiscal years 20011, ‘‘(2) PERIODIC UPDATING OF CROSSING INFOR- paragraph (1)(A) or (B), immediately contact 2012, and 2013. MATION.—On a periodic basis beginning not trains operating near the grade crossing to SEC. 207. FEDERAL GRANTS TO STATES FOR later than 2 years after the date of enact- warn them of the malfunction or disabled ve- HIGHWAY-RAIL GRADE CROSSING ment of the Railroad Safety Enhancement hicle; SAFETY. Act of 2008 and on or before September 30 of ‘‘(3) upon receiving a report pursuant to (a) IN GENERAL.—Part B of subtitle V is every year thereafter, or as otherwise speci- paragraph (1)(A) or (B), and after contacting amended by adding at the end thereof the fied by the Secretary, each State shall report trains pursuant to paragraph (2), contact, as following: to the Secretary current information, in- necessary, appropriate public safety officials cluding information about warning devices having jurisdiction over the grade crossing ‘‘CHAPTER 225. FEDERAL GRANTS TO and signage, as specified by the Secretary, to provide them with the information nec- STATES FOR HIGHWAY-RAIL GRADE concerning each crossing located within its essary for them to direct traffic, assist in the CROSSING SAFETY borders. removal of the disabled vehicle, or carry out ‘‘Sec. ‘‘(3) RULEMAKING AUTHORITY.—The Sec- other activities as appropriate; ‘‘22501. Financial assistance to States for retary shall prescribe the regulations nec- ‘‘(4) upon receiving a report pursuant to certain projects essary to implement this subsection. The paragraph (1)(C) or (D), timely investigate ‘‘22502. Distribution Secretary may enforce each provision of the the report, remove the obstruction if pos- ‘‘22503. Standards for awarding grants Department of Transportation’s statement sible, or correct the unsafe circumstance; ‘‘22504. Use of funds of the national highway-rail crossing inven- and ‘‘22505. Authorization of appropriations

VerDate Aug 31 2005 03:38 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0655 E:\CR\FM\A01AU6.115 S01AUPT1 erowe on PRODPC61 with SENATE S8058 CONGRESSIONAL RECORD — SENATE August 1, 2008

‘‘§ 22501. Financial assistance to States for (B) by inserting ‘‘(1)’’ after ‘‘MODEL LEGIS- tems and shall consider the effects on safety certain projects LATION.—’’; and of highway-user interface with the new tech- ‘‘The Secretary of Transportation shall (C) by adding at the end the following new nology. make grants to a maximum of 3 States per paragraph: ‘‘(c) EFFECT OF SECRETARIAL APPROVAL.—If year for development or continuance of en- ‘‘(2) Within 18 months after the date of en- the Secretary approves new technology to hanced public education and awareness ac- actment of the Railroad Safety Enhance- provide warning to highway users at a high- tivities, in combination with targeted law ment Act of 2008, the Secretary, after con- way-rail grade crossing and such technology enforcement, to significantly reduce viola- sultation with State and local governments is installed at a highway-rail grade crossing tions of traffic laws at highway-rail grade and railroad carriers, shall develop and make in accordance with the conditions of the ap- crossings and to help prevent and reduce in- available to State and local governments proval, this determination preempts any juries and fatalities along railroad rights-of- model State legislation providing for civil or State law concerning the adequacy of the way. criminal penalties, or both, for violations of technology in providing warning at the highway-rail grade crossing warning signs.’’; crossing. Under no circumstances may a per- ‘‘§ 22502. Distribution and son (including a State, other public author- ‘‘The Secretary shall provide the grants to (5) by adding at the end the following new ity, railroad carrier, system designer, or sup- the State agency or agencies responsible for subsection: plier of the technology) be held liable for highway-rail grade crossing safety. ‘‘(d) DEFINITION.—In this section, the term damages for any harm to persons or property ‘‘§ 22503. Standards for awarding grants ‘violation of highway-rail grade crossing because of an accident or incident at the ‘‘The Secretary shall provide grants based warning signs’ includes any action by a mo- crossing protected by such technology based upon the merits of the proposed program of torist, unless directed by an authorized safe- upon the carrier’s failure to properly inspect activities provided by the State and upon a ty officer— and maintain such technology, if the carrier determination of where the grants will pro- ‘‘(1) to drive around a grade crossing gate has inspected and maintained the technology vide the greatest safety benefits. in a position intended to block passage over in accordance with the terms of the Sec- ‘‘§ 22504. Use of funds railroad tracks; retary’s approval.’’. ‘‘(2) to drive through a flashing grade (b) CONFORMING AMENDMENT.—The chapter ‘‘Any State receiving a grant under this crossing signal; analysis for chapter 201, as amended by sec- chapter shall use the funds to develop, imple- ‘‘(3) to drive through a grade crossing with tion 204 of this Act, is further amended by ment, and continue to measure the effective- passive warning signs without ensuring that inserting after the item relating to section ness of a dedicated program of public edu- the grade crossing could be safely crossed be- 20160, the following: cation and enforcement of highway-rail fore any train arrived; and crossing safety laws and to prevent casual- ‘‘20161. Fostering introduction of new tech- ‘‘(4) in the vicinity of a grade crossing, who ties along railroad rights-of-way. The Sec- nology to improve safety at creates a hazard of an accident involving in- retary may not make a grant under this highway-rail grade crossings’’. jury or property damage at the grade cross- chapter available to assist a State or polit- TITLE III—FEDERAL RAILROAD ing.’’. ical subdivision thereof in establishing or ADMINISTRATION (b) CONFORMING AMENDMENT.—The chapter continuing a quiet zone pursuant to part 222 SEC. 301. HUMAN CAPITAL INCREASES. analysis for chapter 201 of title 49, United of title 49, Code of Federal Regulations. (a) IN GENERAL.—The Secretary shall in- States Code, is amended by striking the item crease the number of Federal Railroad Ad- ‘‘§ 22505. Authorization of appropriations relating to section 20151 and inserting the ministration employees by 25 employees in ‘‘There are authorized to be appropriated following: each of fiscal years 2008 through 2013. to the Secretary $500,000 for each of fiscal ‘‘20151. Railroad trespassing, vandalism, and (b) FUNCTIONS.—In increasing the number years 2009 through 2013 to carry out the pro- highway-rail grade crossing of employees pursuant to subsection (a), the visions of this chapter. Amounts appro- warning sign violation preven- Secretary shall focus on hiring employees— priated pursuant to this section shall remain tion strategy’’. (1) specifically trained to conduct on-site available until expended.’’. (c) EDUCATIONAL OR AWARENESS PROGRAM railroad and highway-rail grade crossing ac- (b) CONFORMING AMENDMENT.—The subtitle ITEMS FOR DISTRIBUTION.—Section 20134(a) is cident investigations; analysis for subtitle V is amended by insert- amended by adding at the end of the sub- (2) to implement the Railroad Safety ing after the item relating to chapter 223 the section the following: ‘‘The Secretary may Strategy; following: purchase items of nominal value and dis- (3) to administer and implement the Rail- 225. Federal grant to States for high- tribute them to the public without charge as road Safety Risk Reduction Pilot Program way-rail crossing safety ...... 22501’’. part of an educational or awareness program and the Railroad Safety Risk Reduction Pro- SEC. 208. TRESPASSER PREVENTION AND HIGH- to accomplish the purposes of this section gram; WAY-RAIL CROSSING SAFETY. and of any other sections of this title related (4) to implement section 20166 of title 49, (a) TRESPASSER PREVENTION AND HIGHWAY- to improving the safety of highway-rail United States Code, and to focus on encour- RAIL GRADE CROSSING WARNING SIGN VIOLA- crossings and to preventing trespass on rail- agement and oversight of the use of new or TIONS.—Section 20151 is amended— road rights of way, and the Secretary shall novel rail safety technology; (1) by striking the section heading and in- prescribe guidelines for the administration (5) to conduct routine inspections and au- serting the following: of this authority.’’. dits of railroad and hazardous materials fa- ‘‘§ 20151. Railroad trespassing, vandalism, SEC. 209. FOSTERING INTRODUCTION OF NEW cilities and records for compliance with rail- and highway-rail grade crossing warning TECHNOLOGY TO IMPROVE SAFETY road safety laws and regulations; sign violation prevention strategy’’ ; AT HIGHWAY-RAIL GRADE CROSS- (6) to inspect railroad bridges, tunnels, and INGS. (2) by striking subsection (a) and inserting related infrastructure, and to review or ana- (a) AMENDMENT.—Subchapter II of chapter the following: lyze railroad bridge, tunnel, and related in- 201, as amended by section 204 of this Act, is ‘‘(a) EVALUATION OF EXISTING LAWS.—In frastructure inspection reports; further amended by adding at the end the consultation with affected parties, the Sec- (7) to prevent or respond to natural or following: retary of Transportation shall evaluate and manmade emergency situations or events in- review current local, State, and Federal laws ‘‘§ 20161. Fostering introduction of new tech- volving rail infrastructure or employees; and regarding trespassing on railroad property, nology to improve safety at highway-rail (8) to support the Federal Railroad Admin- vandalism affecting railroad safety, and vio- grade crossings istration’s safety mission. lations of highway-rail grade crossing warn- ‘‘(a) POLICY.—It is the policy of the Depart- SEC. 302. CIVIL PENALTY INCREASES. ing signs and develop model prevention ment of Transportation to encourage the de- (a) GENERAL VIOLATIONS OF CHAPTER 201.— strategies and enforcement laws to be used velopment of new technology that can pre- Section 21301(a)(2) is amended— for the consideration of State and local leg- vent loss of life and injuries at highway-rail (1) by striking ‘‘$10,000.’’ and inserting islatures and governmental entities. The grade crossings. The Secretary of Transpor- ‘‘$25,000.’’; and first such evaluation and review concerning tation shall carry out this policy in con- (2) by striking ‘‘$20,000.’’ and inserting violations of grade crossing signals shall be sultation with States and necessary public ‘‘$100,000.’’. completed within 1 year after the date of en- and private entities. (b) ACCIDENT AND INCIDENT VIOLATIONS OF actment of the Railroad Safety Enhance- ‘‘(b) SUBMISSION OF NEW TECHNOLOGY PRO- CHAPTER 201; VIOLATIONS OF CHAPTERS 203 ment Act of 2008. The Secretary shall revise POSALS.—Railroad carriers and railroad sup- THROUGH 209.—Section 21302(a)(2) is amend- the model prevention strategies and enforce- pliers may submit for review and approval to ed— ment codes periodically.’’; the Secretary such new technology designed (1) by striking ‘‘$10,000.’’ and inserting (3) by inserting ‘‘FOR TRESPASSING AND to improve safety at highway-rail grade ‘‘$25,000.’’; and VANDALISM PREVENTION’’ in the subsection crossings. The Secretary shall approve the (2) by striking ‘‘$20,000.’’ and inserting heading of subsection (b) after ‘‘OUTREACH new technology designed to improve safety ‘‘$100,000.’’. PROGRAM’’; at highway-rail grade crossings in accord- (c) VIOLATIONS OF CHAPTER 211.—Section (4) in subsection (c)— ance with Federal Railroad Administration 21303(a)(2) is amended— (A) by redesignating paragraphs (1) and (2) standards for the development and use of (1) by striking ‘‘$10,000.’’ and inserting as subparagraphs (A) and (B), respectively; processor-based signal and train control sys- ‘‘$25,000.’’; and

VerDate Aug 31 2005 03:38 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.116 S01AUPT1 erowe on PRODPC61 with SENATE August 1, 2008 CONGRESSIONAL RECORD — SENATE S8059 (2) by striking ‘‘$20,000.’’ and inserting SEC. 304. PROHIBITION OF INDIVIDUALS FROM paragraphs (1) and (2) in proceedings pursu- ‘‘$100,000.’’. PERFORMING SAFETY-SENSITIVE ant to section 5122, 5123, 20702(b), 20111, 20112, FUNCTIONS FOR A VIOLATION OF 20113, or 20114 of this title. SEC. 303. ENFORCEMENT REPORT. HAZARDOUS MATERIALS TRANSPOR- ‘‘(B) If information obtained through ac- TATION LAW. (a) IN GENERAL.—Subchapter I of chapter Section 20111(c) is amended to read as fol- tivities set forth in paragraphs (1) and (2) is 201, as amended by section 107 of this Act, is lows: admitted into evidence for impeachment amended by adding at the end the following: ‘‘(c) ORDERS PROHIBITING INDIVIDUALS FROM purposes in accordance with subparagraph PERFORMING SAFETY-SENSITIVE FUNCTIONS.— (A), the court, administrative law judge, or ‘‘§ 20120. Enforcement Report. ‘‘(1) If an individual’s violation of this other officer before whom the proceeding is conducted may make such protective orders ‘‘(a) IN GENERAL.—Not later than Decem- part, chapter 51 of this title, or a regulation prescribed, or an order issued, by the Sec- regarding the confidentiality or use of the ber 31, 2008, the Secretary of Transportation information as may be appropriate in the shall make available to the public and pub- retary under this part or chapter 51 of this title is shown to make that individual unfit circumstances to protect privacy and admin- lish on its public website an annual report for the performance of safety-sensitive func- ister justice. that— tions, the Secretary, after providing notice ‘‘(C) No evidence shall be excluded in an ‘‘(1) provides a summary of railroad safety and an opportunity for a hearing, may issue administrative or judicial proceeding solely and hazardous materials compliance inspec- an order prohibiting the individual from per- because the government would not have tions and audits that Federal or State in- forming safety-sensitive functions in the learned of the existence of or obtained such spectors conducted in the prior fiscal year railroad industry for a specified period of evidence but for the interception of informa- organized by type of alleged violation, in- time or until specified conditions are met. tion that is not admissible in such pro- cluding track, motive power and equipment, ‘‘(2) This subsection does not affect the ceeding under subparagraph (A). signal, grade crossing, operating practices, Secretary’s authority under section 20104 of ‘‘(D) Information obtained through activi- accident and incidence reporting, and haz- this title to act on an emergency basis.’’. ties set forth in paragraphs (1) and (2) shall not be subject to publication or disclosure, ardous materials; SEC. 305. RAILROAD RADIO MONITORING AU- ‘‘(2) provides a summary of all enforcement THORITY. or search or review in connection therewith, actions taken by the Secretary or the Fed- Section 20107 is amended by inserting at under section 552 of title 5. eral Railroad Administration during the the end the following: ‘‘(E) Nothing in this subsection shall be prior fiscal year, including— ‘‘(c) RAILROAD RADIO COMMUNICATIONS.— construed to impair or otherwise affect the ‘‘(A) the number of civil penalties assessed ‘‘(1) IN GENERAL.—To carry out the Sec- authority of the United States to intercept a against railroad carriers, hazardous material retary’s responsibilities under this part and communication, and collect, retain, analyze, shippers, and individuals; under chapter 51, the Secretary may author- use, and disseminate the information ob- ‘‘(B) the initial amount of civil penalties ize officers, employees, or agents of the Sec- tained thereby, under a provision of law assessed against railroad carriers, hazardous retary to conduct, with or without making other than this subsection. materials shippers, and individuals; their presence known, the following activi- ‘‘(4) APPLICATION WITH OTHER LAW.—Section ‘‘(C) the number of civil penalty cases set- ties in circumstances the Secretary finds to 705 of the Communications Act of 1934 (47 tled against railroad carriers, hazardous ma- be reasonable: U.S.C. 605) and chapter 119 of title 18 shall terial shippers, and individuals; ‘‘(A) Intercepting a radio communication, not apply to conduct authorized by and pur- ‘‘(D) the final amount of civil penalties as- with or without the consent of the sender or suant to this subsection.’’. sessed against railroad carriers, hazardous other receivers of the communication, but SEC. 306. EMERGENCY WAIVERS. materials shippers, and individuals; only where such communication is broadcast Section 20103 is amended— ‘‘(E) the difference between the initial and or transmitted over a radio frequency which (1) by striking subsection (e) and inserting final amounts of civil penalties assessed is— the following: against railroad carriers, hazardous mate- ‘‘(i) authorized for use by one or more rail- ‘‘(e) HEARINGS.—Except as provided in sub- rials shippers, and individuals; road carriers by the Federal Communica- section (g) of this section, the Secretary ‘‘(F) the number of administrative hear- tions Commission; and shall conduct a hearing as provided by sec- ings requested and completed related to haz- ‘‘(ii) primarily used by such railroad car- tion 553 of title 5 when prescribing a regula- ardous materials transportation law viola- riers for communications in connection with tion or issuing an order under this chapter, tions or enforcement actions against individ- railroad operations. ‘‘(B) Communicating the existence, con- including a regulation or order establishing, uals; amending, or waiving compliance with a ‘‘(G) the number of cases referred to the tents, substance, purport, effect, or meaning of the communication, subject to the restric- railroad safety regulation prescribed or order Attorney General for civil or criminal pros- issued under this chapter. An opportunity ecution; tions in paragraph (3). ‘‘(C) Receiving or assisting in receiving the for an oral presentation shall be provided.’’; ‘‘(H) the number and subject matter of all and compliance orders, emergency orders or pre- communication (or any information therein contained). (2) by adding at the end thereof the fol- cursor agreements; lowing: ‘‘(3) analyzes the effect of the number of ‘‘(D) Disclosing the contents, substance, ‘‘(g) EMERGENCY WAIVERS.— inspections conducted and enforcement ac- purport, effect, or meaning of the commu- ‘‘(1) IN GENERAL.—The Secretary shall pre- tions taken on the number and rate of re- nication (or any part thereof of such commu- scribe procedures concerning the handling of ported accidents and incidents and railroad nication) or using the communication (or requests for waivers of regulations pre- safety; any information contained therein), subject scribed or orders issued under this chapter in ‘‘(4) identifies the number of locomotive to the restrictions in paragraph (3), after emergency situations and may prescribe engineer certification denial or revocation having received the communication or ac- temporary emergency waiver procedures cases appealed to and the average length of quired knowledge of the contents, substance, without first providing an opportunity for time it took to be decided by— purport, effect, or meaning of the commu- nication (or any part thereof). public comment. The Secretary may grant a ‘‘(A) the Locomotive Engineer Review waiver request if the waiver is directly re- Board; ‘‘(E) Recording the communication by any means, including writing and tape recording. lated to the emergency event or necessary to ‘‘(B) an Administrative Hearing Officer or aid in any recovery efforts and is in the pub- Administrative Law Judge; or ‘‘(2) ACCIDENT PREVENTION AND ACCIDENT IN- VESTIGATION.—The Secretary, and officers, lic interest and consistent with railroad safe- ‘‘(C) the Administrator of the Federal Rail- ty. The relief shall not extend for a period of road Administration; employees, and agents of the Department of Transportation authorized by the Secretary, more than 9 months, including the period of ‘‘(5) provides any explanation regarding may engage in the activities authorized by the relief granted under any renewal of the changes in the Secretary’s or the Federal paragraph (1) for the purpose of accident pre- waiver pursuant to the emergency waiver Railroad Administration’s enforcement pro- vention and accident investigation. procedures. For matters that may impact grams or policies that may substantially af- ‘‘(3) USE OF INFORMATION.—(A) Information the missions of the Department of Homeland fect the information reported; and obtained through activities authorized by Security, the Secretary of Transportation ‘‘(6) includes any additional information paragraphs (1) and (2) shall not be admitted shall consult and coordinate with the Sec- that the Secretary determines is useful to into evidence in any administrative or judi- retary of Homeland Security as soon as prac- improve the transparency of its enforcement cial proceeding except— ticable. program.’’. ‘‘(i) in a prosecution of a felony under Fed- ‘‘(2) WAIVER BEFORE HEARING.—If, under the (b) CONFORMING AMENDMENT.—The chapter eral or State criminal law; or emergency waiver procedures established analysis for chapter 201, as amended by sec- ‘‘(ii) to impeach evidence offered by a under paragraph (1) of this subsection, the tion 107 of this Act, is amended by inserting party other than the Federal Government re- Secretary determines the public interest after the item relating to section 20119 the garding the existence, electronic character- would be better served by addressing a re- following: istics, content, substance, purport, effect, quest for waiver prior to providing an oppor- meaning, or timing of, or identity of parties tunity for a hearing under section 553 of title ‘‘20120. Enforcement report’’. to, a communication intercepted pursuant to 5 and an oral presentation, the Secretary

VerDate Aug 31 2005 03:38 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.116 S01AUPT1 erowe on PRODPC61 with SENATE S8060 CONGRESSIONAL RECORD — SENATE August 1, 2008

may act on the waiver request and, if the re- sioned under the laws of that State has ac- (b) CONFORMING AMENDMENT.—The chapter quest is granted, the Secretary shall subse- cess and in the same manner as such police analysis for chapter 201, as amended by sec- quently provide notice and an opportunity officer; or tion 208 of this Act, is further amended by for a hearing and oral presentation pursuant ‘‘(3) receive Federal, State, or local govern- adding at the end thereof the following: to procedures prescribed under paragraph (1) ment communications with a police officer ‘‘20162. Employee training’’. of this subsection. Should the Secretary re- employed by a State or local authority in SEC. 402. CERTIFICATION OF CERTAIN CRAFTS ceive comment or a request for oral presen- that State in the same manner as a police of- OR CLASSES OF EMPLOYEES. tation on a waiver request after granting the ficer employed by a State or local authority (a) REPORT.—Not later than 1 year after waiver, the Secretary may take any nec- in that State who is commissioned under the the date of enactment of this Act, the Sec- essary action with regard to that waiver (in- laws of that State. retary shall issue a report to the Senate cluding rescission or modification) based on ‘‘(c) SYSTEM OF DOCUMENTED CRIMINAL JUS- Committee on Commerce, Science, and the newly acquired information. TICE INFORMATION DEFINED.—In this section, Transportation and the House of Representa- ‘‘(3) EMERGENCY SITUATION; EMERGENCY the term ‘system of documented criminal tives Committee on Transportation and In- EVENT.—In this subsection, the terms ‘emer- justice information’ means any law enforce- frastructure about whether the certification gency situation’ and ‘emergency event’ mean ment database, systems, or communications of certain crafts or classes of railroad carrier a natural or manmade disaster, such as a containing information concerning identi- or railroad carrier contractor or subcon- hurricane, flood, earthquake, mudslide, for- fication, criminal history, arrests, convic- tractor employees is necessary to reduce the est fire, snowstorm, terrorist act, biological tions, arrest warrants, or wanted or missing number and rate of accidents and incidents outbreak, release of a dangerous radio- persons, including the National Crime Infor- or to improve railroad safety. logical, chemical, explosive, or biological mation Center and its incorporated criminal (b) CRAFTS AND CLASSES TO BE CONSID- material, or a war-related activity, that history databases and the National Law En- ERED.—As part of the report, the Secretary poses a risk of death, serious illness, severe forcement Telecommunications System.’’. shall consider— injury, or substantial property damage. The (b) CONFORMING AMENDMENT.—The chapter (1) conductors; disaster may be local, regional, or national analysis for chapter 281 is amended by add- (2) car repair and maintenance employees; in scope.’’. ing at the end the following: (3) onboard service workers; SEC. 307. FEDERAL RAIL SECURITY OFFICERS’ ‘‘28104. Federal rail officers’ access to infor- (4) rail welders; ACCESS TO INFORMATION. mation’’. (5) dispatchers; (a) AMENDMENT.—Chapter 281 is amended SEC. 308. UPDATE OF FEDERAL RAILROAD AD- (6) signal repair and maintenance employ- by adding at the end thereof the following: MINISTRATION’S WEBSITE. ees; and ‘‘§ 28104. Federal rail security officers’ access (a) IN GENERAL.—The Secretary shall up- (7) any other craft or class of employees to information date the Federal Railroad Administration’s that the Secretary determines appropriate. public website to better facilitate the ability (c) REGULATIONS.—The Secretary may pre- ‘‘(a) ACCESS TO RECORDS OR DATABASE SYS- of the public, including those individuals scribe regulations requiring the certification TEMS BY THE ADMINISTRATOR OF THE FEDERAL who are not regular users of the public of certain crafts or classes of employees that RAILROAD ADMINISTRATION.— website, to find current information regard- the Secretary determines pursuant to the re- ‘‘(1) IN GENERAL.—The Administrator of the ing the Federal Railroad Administration’s port required by subsection (a) are necessary Federal Railroad Administration is author- to reduce the number and rate of accidents ized to have access to a system of docu- activities. (b) PUBLIC REPORTING OF VIOLATIONS.—On and incidents or to improve railroad safety. mented criminal justice information main- the Federal Railroad Administration’s public SEC. 403. TRACK INSPECTION TIME STUDY. tained by the Department of Justice or by a website’s home page, the Secretary shall pro- (a) STUDY.—Not later that 2 years after the State for the purpose of carrying out the vide a mechanism for the public to submit date of enactment of this Act, the Secretary civil and administrative responsibilities of written reports of potential violations of shall— the Administrator to protect the safety, in- Federal railroad safety and hazardous mate- (1) complete a study to determine wheth- cluding security, of railroad operations and rials transportation laws, regulations and or- er— for other purposes authorized by law, includ- ders to the Federal Railroad Administration. (A) the required intervals of track inspec- ing the National Crime Prevention and Pri- tions for each class of track should be vacy Compact (42 U.S.C. 14611-14616). The Ad- TITLE IV—RAILROAD SAFETY ENHANCEMENTS amended; ministrator shall be subject to the same con- (B) track remedial action requirements ditions or procedures established by the De- SEC. 401. EMPLOYEE TRAINING. should be amended; (a) IN GENERAL.—Subchapter II of chapter partment of Justice or State for access to (C) different track inspection and repair 201, as amended by section 208 of this Act, is such an information system by other govern- priorities or methods should be required; and further amended by adding at the end the mental agencies with access to the system. (2) issue recommendations for changes to following: ‘‘(2) LIMITATION.—The Administrator may the Federal track safety standards in part not use the access authorized under para- ‘‘§ 20162. Employee training 213 of title 49, Code of Federal Regulations, graph (1) to conduct criminal investigations. ‘‘(a) IN GENERAL.—Not later than 1 year based on the results of the study. ‘‘(b) DESIGNATED EMPLOYEES OF THE FED- after the date of enactment of the Railroad (b) CONSIDERATIONS.—In conducting the ERAL RAILROAD ADMINISTRATION.—The Ad- Safety Enhancement Act of 2008, the Sec- study the Secretary shall consider— ministrator shall, by order, designate each retary of Transportation shall prescribe reg- (1) the most current rail flaw, rail defect employee of the Administration whose pri- ulations requiring railroad carriers and rail- growth, rail fatigue, and other relevant mary responsibility is rail security who shall road carrier contractors and subcontractors track- or rail-related research and studies; carry out the authority described in sub- to develop training plans for crafts and class- (2) the availability and feasibility of devel- section (a). The Administrator shall strictly es of employees, as the Secretary determines oping and implementing new or novel rail in- limit access to a system of documented appropriate. spection technology for routine track inspec- criminal justice information to persons with ‘‘(b) CONTENTS.—The Secretary shall re- tions; security responsibilities and with appro- quire that each training plan— (3) information from National Transpor- priate security clearances. Such a designated ‘‘(1) clearly identify the class of craft of tation Safety Board or Federal Railroad Ad- employee may, insofar as authorized or per- employees to which the plan applies; ministration accident investigations where mitted by the National Crime Prevention ‘‘(2) require that employees be trained on track defects were the cause or a contrib- and Privacy Compact or other law or agree- the requirements of relevant Federal rail- uting cause; and ment governing an affected State with re- road safety laws, regulations, and orders; (4) other relevant information, as deter- spect to such a State— ‘‘(3) require employees to be tested or oth- mined by the Secretary. ‘‘(1) have access to and receive criminal erwise demonstrate their proficiency in the (c) UPDATE OF REGULATIONS.—Not later history, driver, vehicle, and other law en- subject matter of the training; and than 2 years after the completion of the forcement information contained in the law ‘‘(4) contain any other relevant informa- study required by subsection (b), the Sec- enforcement databases of the Department of tion that the Secretary deems appropriate. retary shall prescribe regulations imple- Justice, or of any jurisdiction in a State in ‘‘(c) SUBMISSION FOR APPROVAL.—The Sec- menting the recommendations of the study. the same manner as a police officer em- retary shall require each railroad carrier, SEC. 404. STUDY OF METHODS TO IMPROVE OR ployed by a State or local authority of that railroad carrier contractor, and railroad car- CORRECT STATION PLATFORM State who is certified or commissioned under rier subcontractor to submit its training GAPS. the laws of that State; plan to the Federal Railroad Administration Not later than 2 years after the enactment ‘‘(2) use any radio, data link, or warning for review and approval. of this Act, the Secretary shall complete a system of the Federal Government and of ‘‘(d) EXEMPTION.—The Secretary may ex- study to determine the most safe, efficient, any jurisdiction in a State that provides in- empt railroad carriers and railroad carrier and cost-effective way to improve the safety formation about wanted persons, be-on-the- contractors and subcontractors from submit- of rail passenger station platforms gaps in lookout notices, or warrant status or other ting training plans covering employees for order to increase compliance with the re- officer safety information to which a police which the Secretary has issued training reg- quirements under the Americans with Dis- officer employed by a State or local author- ulations before the date of enactment of the abilities Act (42 U.S.C. 12101 et seq.), includ- ity in that State who is certified or commis- Railroad Safety Enhancement Act of 2008.’’. ing regulations issued pursuant to section

VerDate Aug 31 2005 03:38 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.116 S01AUPT1 erowe on PRODPC61 with SENATE August 1, 2008 CONGRESSIONAL RECORD — SENATE S8061

504 of such Act (42 U.S.C. 12204) and to mini- ‘‘(4) MATCHING REQUIREMENTS.—Federal a location may be necessary to make repairs mize the safety risks associated with such funds for any eligible project under this sec- of the vehicle even though a mobile repair gaps for railroad passengers and employees. tion shall not exceed 50 percent of the total truck capable of making the repairs has gone SEC. 405. LOCOMOTIVE CAB STUDIES. cost of such project. to the location on an irregular basis (as spec- (a) IN GENERAL.—Not later than 1 year ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— ified in regulations prescribed by the Sec- after the date of enactment of this Act, the There are authorized to be appropriated to retary). Secretary, through the Railroad Safety Ad- the Secretary of Transportation $10,000,000 ‘‘(e) DEFINITIONS.—In this section: visory Committee if the Secretary makes for each of fiscal years 2008 through 2013 to ‘‘(1) NEAREST.—The term ‘nearest’ means such a request, shall complete a study on the carry out this section. Amounts appro- the closest in the forward direction of travel safety impact of the use of personal elec- priated pursuant to this section shall remain for the defective or insecure vehicle. tronic devices, including cell phones, video available until expended.’’. ‘‘(2) PLACE AT WHICH THE REPAIRS CAN BE games, and other distracting devices, by (b) CONFORMING AMENDMENT.—The chapter MADE.—The term ‘place at which the repairs safety-related railroad employees (as defined analysis for chapter 201, as amended by sec- can be made’ means— in section 20102(4) of title 49, United States tion 401 of this Act, is further amended by ‘‘(A) a location with a fixed facility for Code), during the performance of such em- inserting after the item relating to section conducting the repairs that are necessary to ployees’ duties. The study shall consider the 20163 the following: bring the defective or insecure vehicle into prevalence of the use of such devices. ‘‘20163. Railroad safety technology grants’’. compliance with this chapter; or OCOMOTIVE AB NVIRONMENT (b) L C E .—The SEC. 407. RAILROAD SAFETY INFRASTRUCTURE ‘‘(B) a location where a mobile repair truck Secretary may also study other elements of IMPROVEMENT GRANTS. capable of making the repairs that are nec- the locomotive cab environment and their (a) IN GENERAL.—Subchapter II of chapter essary to bring the defective or insecure ve- effect on an employee’s health and safety. 201, as amended by section 406 of this Act, is hicle into compliance with this chapter (c) REPORT.—Not later than 6 months after further amended by adding at the end there- makes the same kind of repair at the loca- the completion of any study under this sec- of the following: tion regularly (as specified in regulations tion, the Secretary shall issue a report on prescribed by the Secretary).’’. the study to the Senate Committee on Com- ‘‘§ 20164. Railroad safety infrastructure im- provement grants SEC. 409. DEVELOPMENT AND USE OF RAIL SAFE- merce, Science, and Transportation and the TY TECHNOLOGY. ‘‘(a) GRANT PROGRAM.—The Secretary of House of Representatives Committee on (a) IN GENERAL.—Subchapter II of chapter Transportation and Infrastructure. Transportation shall establish a grant pro- 201, as amended by section 407 of this Act, is (d) AUTHORITY.—Based on the conclusions gram for safety improvements to railroad in- further amended by adding at the end the of the study required under (a), the Sec- frastructure, including the acquisition, im- following new section: retary of Transportation may prohibit the provement, or rehabilitation of intermodal use of personal electronic devices, such as or rail equipment or facilities, including ‘‘§ 20165. Development and use of rail safety cell phones, video games, or other electronic track, bridges, tunnels, yards, buildings, pas- technology devices that may distract employees from senger stations, facilities, and maintenance ‘‘(a) IN GENERAL.—Not later than 1 year safely performing their duties, unless those and repair shops. after enactment of the Railroad Safety En- devices are being used according to railroad ‘‘(b) ELIGIBILITY.—Grants shall be made hancement Act of 2008, the Secretary of operating rules or for other work purposes. under this section to eligible passenger and Transportation shall prescribe standards, Based on the conclusions of other studies freight railroad carriers, and State and local guidance, regulations, or orders governing conducted under subsection (b), the Sec- governments for projects described in sub- the development, use, and implementation of retary may prescribe regulations to improve section (a). rail safety technology in dark territory, in elements of the cab environment to protect ‘‘(c) CONSIDERATIONS.—In awarding grants arrangements not defined in section 20501 or an employee’s health and safety. the Secretary shall consider, at a min- otherwise not covered by Federal standards, SEC. 406. RAILROAD SAFETY TECHNOLOGY imum— guidance, regulations, or orders that ensures GRANTS. ‘‘(1) the age and condition of the rail infra- its safe operation, such as— (a) IN GENERAL.—Subchapter II of chapter structure of the applicant; ‘‘(1) switch position monitoring devices; 201, as amended by section 401 of this Act, is ‘‘(2) the railroad’s safety record, including ‘‘(2) radio, remote control or other power- further amended by adding at the end there- accident and incident numbers and rates; assisted switches; of the following: ‘‘(3) the volume of hazardous materials ‘‘(3) hot box, high water or earthquake de- ‘‘§ 20163. Railroad safety technology grants transported by the railroad; tectors; ‘‘(a) GRANT PROGRAM.—The Secretary of ‘‘(4) the operation of passenger trains over ‘‘(4) remote control locomotive zone lim- Transportation shall establish a grant pro- the railroad; and iting devices; gram for the deployment of train control ‘‘(5) whether the railroad has submitted a ‘‘(5) slide fences; technologies, train control component tech- railroad safety risk reduction program, as ‘‘(6) grade crossing video monitors; nologies, processor-based technologies, elec- required by section 20157. ‘‘(7) track integrity warning systems; tronically controlled pneumatic brakes, rail ‘‘(d) MATCHING REQUIREMENTS.—Federal ‘‘(8) or other similar rail safety tech- integrity inspection systems, rail integrity funds for any eligible project under this sec- nologies, as determined by the Secretary. warning systems, switch position indicators, tion shall not exceed 50 percent of the total ‘‘(b) DARK TERRITORY DEFINED.—In this remote control power switch technologies, cost of such project. section, the term ‘dark territory’ means any track integrity circuit technologies, and ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— territory in a railroad system that does not other new or novel railroad safety tech- There are authorized to be appropriated to have a signal or train control system in- nology. the Secretary of Transportation $7,500,000 for stalled or operational.’’. ‘‘(b) GRANT CRITERIA.— each of fiscal years 2008 through 2013 to carry (b) CONFORMING AMENDMENT.—The chapter ‘‘(1) ELIGIBILITY.—Grants shall be made out this section. Amounts appropriated pur- analysis for chapter 201, as amended by sec- under this section to eligible passenger and suant to this subsection shall remain avail- tion 407 of this Act, is amended by inserting freight railroad carriers, railroad suppliers, able until expended.’’. after the item relating to section 20164 the and State and local governments for projects (b) CONFORMING AMENDMENT.—The chapter following: described in subsection (a) that have a public analysis for chapter 201, as amended by sec- ‘‘20165. Development and use of rail safety benefit of improved safety and network effi- tion 406 of this Act, is amended by inserting technology’’. ciency. after the item relating to section 20163 the SEC. 410. EMPLOYEE SLEEPING QUARTERS. ‘‘(2) CONSIDERATIONS.—Priority shall be following: Section 21106 is amended— given to projects that— ‘‘20164. Railroad safety infrastructure im- (1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘(A) focus on making technologies inter- provement grants’’. ‘‘A railroad carrier’’; operable between railroad systems, such as SEC. 408. AMENDMENT TO THE MOVEMENT-FOR- (2) by striking ‘‘sanitary and give those train control technologies; REPAIR PROVISION. employees and individuals an opportunity ‘‘(B) provide incentives for train control Section 20303 is amended by adding at the for rest free from the interruptions caused technology deployment on high-risk cor- end the following: by noise under the control of the carrier;’’ in ridors, such as those that have high volumes ‘‘(d) ADDITIONAL CONDITIONS FOR MOVEMENT paragraph (1) and inserting ‘‘sanitary, give of hazardous materials shipments or over TO MAKE REPAIRS TO DEFECTIVE OR INSECURE those employees and individuals an oppor- which commuter or passenger trains operate; VEHICLES.— tunity for rest free from the interruptions or ‘‘(1) IN GENERAL.—The Secretary of Trans- caused by noise under the control of the car- ‘‘(C) benefit both passenger and freight portation may impose conditions for the rier, and provide indoor toilet facilities, po- safety and efficiency. movement of a defective or insecure vehicle table water, and other features to protect ‘‘(3) TECHNOLOGY IMPLEMENTATION PLAN.— to make repairs in addition to those condi- the health of employees;’’ and Grants may not be awarded under this sec- tions set forth in subsection (a) by pre- (3) by adding at the end the following: tion to entities that fail to develop and sub- scribing regulations or issuing orders as nec- ‘‘(b) CAMP CARS.—No later than 12 months mit to the Secretary a technology imple- essary. after the date of enactment of the Railroad mentation plan as required by section ‘‘(2) NECESSITY OF MOVEMENT.—The move- Safety Enhancement Act of 2008, the Sec- 20157(d)(2). ment of a defective or insecure vehicle from retary, in consultation with the Secretary of

VerDate Aug 31 2005 03:38 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.116 S01AUPT1 erowe on PRODPC61 with SENATE S8062 CONGRESSIONAL RECORD — SENATE August 1, 2008

Labor, shall prescribe regulations governing that were determined to be in violation of (b) REPORT.—No later than 18 months after the use of camp cars, pursuant to subsection the program. A dispute or grievance raised the date of enactment of this Act, the Sec- (a)(1), for employees and any individuals em- by a railroad carrier or its employee, except retary of Transportation shall transmit a re- ployed to maintain the right of way of a rail- a probationary employee, in connection with port on the results of the study required by road carrier. The regulations may also pro- the carrier’s alcohol and drug testing pro- subsection (a) and any recommendations to hibit the use of camp cars, if necessary, to gram and the application of this section is further protect employees of a railroad car- protect the health and safety of the employ- subject to resolution under section 3 of the rier or of a contractor or subcontractor to a ees.’’. Railway Labor Act (45 U.S.C. 153).’’. railroad carrier from unsafe exposure to ra- SEC. 411. EMPLOYEE PROTECTIONS. (b) CONFORMING AMENDMENT.—The chapter diation during the transportation of high- Section 20109(a) is amended— analysis for chapter 201, as amended by sec- level radioactive waste and spent nuclear (1) by redesignating paragraphs (5) through tion 409 of this Act, is further amended by fuel to the Senate Committee on Commerce, (7) as paragraphs (6) through (8), respec- inserting after the item relating to section Science, and Transportation and the House tively; and 20165 the following: of Representatives Committee on Transpor- (2) by inserting after paragraph (4) the fol- ‘‘20166. Limitations on non-Federal alcohol tation and Infrastructure. lowing: and drug testing by railroad (c) REGULATORY AUTHORITY.—The Sec- ‘‘(5) to request that a railroad carrier pro- carriers’’. retary of Transportation may issue regula- tions that the Secretary determines appro- vide first aid, prompt medical treatment, or SEC. 415. CRITICAL INCIDENT STRESS PLAN. transportation to an appropriate medical fa- priate, pursuant to the report required by (a) IN GENERAL.—The Secretary of Trans- subsection (b), to protect railroad employees cility or hospital after being injured during portation, in consultation with the Sec- the course of employment, or to comply with from unsafe exposure to radiation during the retary of Labor and the Secretary of Health transportation of radioactive materials. treatment prescribed by a physician or li- and Human Services, as appropriate, shall censed health care professional, except that SEC. 417. ALCOHOL AND CONTROLLED SUB- require each Class I railroad carrier, each STANCE TESTING FOR MAINTE- a railroad carrier’s refusal to permit an em- intercity passenger railroad carrier, and NANCE-OF-WAY EMPLOYEES. ployee to return to work upon that employ- each commuter railroad carrier to develop Not later than 2 years following the date of ee’s release by his or her physician or li- and submit for approval to the Secretary a enactment of this Act, the Secretary of censed health care professional shall not be critical incident stress plan that provides for Transportation shall complete a rulemaking considered discrimination if the refusal is in debriefing, counseling, guidance, and other proceeding to revise the regulations pre- compliance with the carrier’s medical stand- appropriate support services to be offered to scribed under section 20140 of title 49, United ards for fitness for duty;’’. an employee affected by a critical incident. States Code, to cover all employees of rail- SEC. 412. UNIFIED TREATMENT OF FAMILIES OF (b) PLAN REQUIREMENTS.—Each such plan road carriers and contractors or subcontrac- RAILROAD CARRIERS. shall include provisions for— tors to railroad carriers who perform main- Section 20102(3), as redesignated by section (1) relieving an employee who was involved tenance-of-way activities. 2(b) of this Act, is amended to read as fol- in a critical incident of his or her duties for TITLE V—RAIL PASSENGER DISASTER lows: the balance of the duty tour, following any FAMILY ASSISTANCE ‘‘(3) ‘railroad carrier’ means a person pro- actions necessary for the safety of persons viding railroad transportation, except that, SEC. 501. ASSISTANCE BY NATIONAL TRANSPOR- and contemporaneous documentation of the TATION SAFETY BOARD TO FAMI- upon petition by a group of commonly con- incident; LIES OF PASSENGERS INVOLVED IN trolled railroad carriers that the Secretary (2) upon the employee’s request, relieving RAIL PASSENGER ACCIDENTS. determines is operating within the United an employee who witnessed a critical inci- (a) IN GENERAL.—Chapter 11 is amended by States as a single, integrated rail system, dent of his or her duties following any ac- adding at the end of subchapter III the fol- the Secretary may by order treat the group tions necessary for the safety of persons and lowing: of railroad carriers as a single railroad car- contemporaneous documentation of the inci- ‘‘§ 1139. Assistance to families of passengers rier for purposes of one or more provisions of dent; and involved in rail passenger accidents part A, subtitle V of this title and imple- (3) providing such leave from normal du- ‘‘(a) IN GENERAL.—As soon as practicable menting regulations and order, subject to ties as may be necessary and reasonable to after being notified of a rail passenger acci- any appropriate conditions that the Sec- receive preventive services, treatment, or dent within the United States involving a retary may impose.’’. both, related to the incident. rail passenger carrier and resulting in a SEC. 413. STUDY OF REPEAL OF CONRAIL PROVI- (c) SECRETARY TO DEFINE WHAT CON- major loss of life, the Chairman of the Na- SION. STITUTES A CRITICAL INCIDENT.—Within 30 tional Transportation Safety Board shall— Within 1 year after the date of enactment days after the date of enactment of this Act, ‘‘(1) designate and publicize the name and of this Act, the Secretary shall complete a the Secretary shall initiate a rulemaking phone number of a director of family support study of the impacts of repealing section 711 proceeding to define the term ‘‘critical inci- services who shall be an employee of the of the Regional Rail Reorganization Act of dent’’ for the purposes of this section. Board and shall be responsible for acting as 1973 (45 U.S.C. 797j). Within 6 months after SEC. 416. RAILROAD CARRIER EMPLOYEE EXPO- a point of contact within the Federal Gov- completing the study, the Secretary shall SURE TO RADIATION STUDY. ernment for the families of passengers in- transmit a report with the Secretary’s find- (a) STUDY.—The Secretary of Transpor- volved in the accident and a liaison between ings, conclusions, and recommendations to tation shall, in consultation with the Sec- the rail passenger carrier and the families; the Senate Committee on Commerce, retary of Energy, the Secretary of Labor, the and Science, and Transportation and the House Administrator of the Environmental Protec- ‘‘(2) designate an independent nonprofit or- of Representatives Committee on Transpor- tion Agency, and the Chairman of the Nu- ganization, with experience in disasters and tation and Infrastructure. clear Regulatory Commission, as appro- posttrauma communication with families, SEC. 414. LIMITATIONS ON NON-FEDERAL ALCO- priate, conduct a study of the potential haz- which shall have primary responsibility for HOL AND DRUG TESTING BY RAIL- ards to which employees of railroad carriers ROAD CARRIERS. coordinating the emotional care and support and railroad contractors or subcontractors of the families of passengers involved in the (a) IN GENERAL.—Chapter 20l, as amended are exposed during the transportation of by section 409, is further amended by adding accident. high-level radioactive waste and spent nu- ‘‘(b) RESPONSIBILITIES OF THE BOARD.—The at the end the following: clear fuel (as defined in section 5101(a) of Board shall have primary Federal responsi- ‘‘§ 20166. Limitations on non-Federal alcohol title 49, United States Code), supplementing bility for— and drug testing the report submitted under section 5101(b) of ‘‘(1) facilitating the recovery and identi- ‘‘(a) TESTING REQUIREMENTS.—Any non- that title, which may include— fication of fatally injured passengers in- Federal alcohol and drug testing program of (1) an analysis of the potential application volved in an accident described in subsection a railroad carrier must provide that all post- of ‘‘as low as reasonably achievable’’ prin- (a); and employment tests of the specimens of em- ciples for exposure to radiation to such em- ‘‘(2) communicating with the families of ployees who are subject to both the program ployees with an emphasis on the need for passengers involved in the accident as to the and chapter 211 of this title be conducted special protection from radiation exposure roles of— using a scientifically recognized method of for such employees during the first trimester ‘‘(A) the organization designated for an ac- testing capable of determining the presence of pregnancy or who are undergoing or have cident under subsection (a)(2); of the specific analyte at a level above the recently undergone radiation therapy; ‘‘(B) Government agencies; and cut-off level established by the carrier. (2) the feasibility of requiring real-time do- ‘‘(C) the rail passenger carrier involved, ‘‘(b) REDRESS PROCESS.—Each railroad car- simetry monitoring for such employees; with respect to the accident and the post-ac- rier that has a non-Federal alcohol and drug (3) the feasibility of requiring routine radi- cident activities. testing program must provide a redress proc- ation exposure monitoring in fixed railroad ‘‘(c) RESPONSIBILITIES OF DESIGNATED OR- ess to its employees who are subject to both locations, such as yards and repair facilities; GANIZATION.—The organization designated the alcohol and drug testing program and and for an accident under subsection (a)(2) shall chapter 211 of this title for such an employee (4) a review of the effectiveness of the De- have the following responsibilities with re- to petition for and receive a carrier hearing partment of Transportation packaging re- spect to the families of passengers involved to review his or her specimen test results quirements for radioactive materials. in the accident:

VerDate Aug 31 2005 03:38 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.116 S01AUPT1 erowe on PRODPC61 with SENATE August 1, 2008 CONGRESSIONAL RECORD — SENATE S8063 ‘‘(1) To provide mental health and coun- ing any associate, agent, employee, or other thority of the Board or the Secretary of seling services, in coordination with the dis- representative of an attorney) or any poten- Transportation to investigate the causes or aster response team of the rail passenger tial party to the litigation to an individual circumstances of any rail accident, including carrier involved. (other than an employee of the rail pas- development of information regarding the ‘‘(2) To take such actions as may be nec- senger carrier) injured in the accident, or to nature of injuries sustained and the manner essary to provide an environment in which a relative of an individual involved in the ac- in which they were sustained for the pur- the families may grieve in private. cident, before the 45th day following the date poses of determining compliance with exist- ‘‘(3) To meet with the families who have of the accident. ing laws and regulations or for identifying traveled to the location of the accident, to ‘‘(3) PROHIBITION ON ACTIONS TO PREVENT means of preventing similar injuries in the contact the families unable to travel to such MENTAL HEALTH AND COUNSELING SERVICES.— future, or both.’’. location, and to contact all affected families No State or political subdivision may pre- (b) CONFORMING AMENDMENT.—The table of periodically thereafter until such time as vent the employees, agents, or volunteers of sections for such chapter is amended by in- the organization, in consultation with the an organization designated for an accident serting after the item relating to section 1138 director of family support services des- under subsection (a)(2) from providing men- the following: ignated for the accident under subsection tal health and counseling services under sub- ‘‘1139. Assistance to families of passengers (a)(1), determines that further assistance is section (c)(1) in the 30-day period beginning involved in rail passenger acci- no longer needed. on the date of the accident. The director of dents’’. family support services designated for the ‘‘(4) To arrange a suitable memorial serv- SEC. 502. RAIL PASSENGER CARRIER PLAN TO AS- ice, in consultation with the families. accident under subsection (a)(1) may extend SIST FAMILIES OF PASSENGERS IN- ‘‘(d) PASSENGER LISTS.— such period for not to exceed an additional 30 VOLVED IN RAIL PASSENGER ACCI- ‘‘(1) REQUESTS FOR PASSENGER LISTS.— days if the director determines that the ex- DENTS. ‘‘(A) REQUESTS BY DIRECTOR OF FAMILY SUP- tension is necessary to meet the needs of the (a) IN GENERAL.—Chapter 243 is amended PORT SERVICES.—It shall be the responsibility families and if State and local authorities by adding at the end the following: of the director of family support services are notified of the determination. ‘‘§ 24316. Plans to address needs of families of ‘‘(h) DEFINITIONS.—In this section: designated for an accident under subsection passengers involved in rail passenger acci- ‘‘(1) RAIL PASSENGER ACCIDENT.—The term (a)(1) to request, as soon as practicable, from dents the rail passenger carrier involved in the ac- ‘rail passenger accident’ means any rail pas- ‘‘(a) SUBMISSION OF PLAN.—Not later than 6 cident a list, which is based on the best senger disaster resulting in a major loss of months after the date of the enactment of available information at the time of the re- life occurring in the provision of— the Railroad Safety Enhancement Act of quest, of the names of the passengers that ‘‘(A) interstate intercity rail passenger 2008, a rail passenger carrier shall submit to were aboard the rail passenger carrier’s train transportation (as such term is defined in the Chairman of the National Transpor- involved in the accident. A rail passenger section 24102); or tation Safety Board, the Secretary of Trans- carrier shall use reasonable efforts, with re- ‘‘(B) interstate or intrastate high-speed portation, and the Secretary of Homeland spect to its unreserved trains, and pas- rail (as such term is defined in section 26105) Security a plan for addressing the needs of sengers not holding reservations on its other transportation, the families of passengers involved in any trains, to ascertain the names of passengers regardless of its cause or suspected cause. rail passenger accident involving a rail pas- aboard a train involved in an accident. ‘‘(2) RAIL PASSENGER CARRIER.—The term senger carrier intercity train and resulting ‘‘(B) REQUESTS BY DESIGNATED ORGANIZA- ‘rail passenger carrier’ means a rail carrier in a major loss of life. TION.—The organization designated for an ac- providing— ‘‘(b) CONTENTS OF PLANS.—The plan to be cident under subsection (a)(2) may request ‘‘(A) interstate intercity rail passenger transportation (as such term is defined in submitted by a rail passenger carrier under from the rail passenger carrier involved in subsection (a) shall include, at a minimum, the accident a list described in subparagraph section 24102); or ‘‘(B) interstate or intrastate high-speed the following: (A). ‘‘(1) A process by which a rail passenger ‘‘(2) USE OF INFORMATION.—Except as pro- rail (as such term is defined in section 26105) transportation, carrier will maintain and provide to the Na- vided in subsection (k), the director of fam- tional Transportation Safety Board, the Sec- ily support services and the organization except that such term does not include a retary of Transportation, and the Secretary may not release to any person information tourist, historic, scenic, or excursion rail of Homeland Security, immediately upon re- on a list obtained under paragraph (1) but carrier. quest, a list (which is based on the best ‘‘(3) PASSENGER.—The term ‘passenger’ in- may provide information on the list about a available information at the time of the re- cludes— passenger to the family of the passenger to quest) of the names of the passengers aboard ‘‘(A) an employee of a rail passenger car- the extent that the director of family sup- the train (whether or not such names have rier aboard a train; port services or the organization considers been verified), and will periodically update ‘‘(B) any other person aboard the train appropriate. the list. The plan shall include a procedure, ‘‘(e) CONTINUING RESPONSIBILITIES OF THE without regard to whether the person paid with respect to unreserved trains and pas- BOARD.—In the course of its investigation of for the transportation, occupied a seat, or sengers not holding reservations on other an accident described in subsection (a), the held a reservation for the rail transpor- trains, for a rail passenger carrier to use rea- Board shall, to the maximum extent prac- tation; and sonable efforts to ascertain the number and ticable, ensure that the families of pas- ‘‘(C) any other person injured or killed in a names of passengers aboard a train involved sengers involved in the accident— rail passenger accident, as determined appro- in an accident. ‘‘(1) are briefed, prior to any public brief- priate by the Board. ‘‘(2) A plan for creating and publicizing a ing, about the accident and any other find- ‘‘(i) LIMITATION ON STATUTORY CONSTRUC- reliable, toll-free telephone number within 4 ings from the investigation; and TION.—Nothing in this section may be con- ‘‘(2) are individually informed of and al- strued as limiting the actions that a rail pas- hours after such an accident occurs, and for lowed to attend any public hearings and senger carrier may take, or the obligations providing staff, to handle calls from the fam- meetings of the Board about the accident. that a rail passenger carrier may have, in ilies of the passengers. ‘‘(f) USE OF RAIL PASSENGER CARRIER RE- providing assistance to the families of pas- ‘‘(3) A process for notifying the families of SOURCES.—To the extent practicable, the or- sengers involved in a rail passenger accident. the passengers, before providing any public ganization designated for an accident under ‘‘(j) RELINQUISHMENT OF INVESTIGATIVE PRI- notice of the names of the passengers, by subsection (a)(2) shall coordinate its activi- ORITY.— suitably trained individuals. ties with the rail passenger carrier involved ‘‘(1) GENERAL RULE.—This section (other ‘‘(4) A process for providing the notice de- in the accident to facilitate the reasonable than subsection (g)) shall not apply to a rail- scribed in paragraph (2) to the family of a use of the resources of the carrier. road accident if the Board has relinquished passenger as soon as a rail passenger carrier ‘‘(g) PROHIBITED ACTIONS.— investigative priority under section has verified that the passenger was aboard ‘‘(1) ACTIONS TO IMPEDE THE BOARD.—No 1131(a)(2)(B) and the Federal agency to which the train (whether or not the names of all of person (including a State or political sub- the Board relinquished investigative priority the passengers have been verified). division) may impede the ability of the is willing and able to provide assistance to ‘‘(5) A process by which the family of each Board (including the director of family sup- the victims and families of the passengers passenger will be consulted about the dis- port services designated for an accident involved in the accident. position of all remains and personal effects under subsection (a)(1)), or an organization ‘‘(2) BOARD ASSISTANCE.—If this section of the passenger within a rail passenger car- designated for an accident under subsection does not apply to a railroad accident because rier’s control; that any possession of the pas- (a)(2), to carry out its responsibilities under the Board has relinquished investigative pri- senger within a rail passenger carrier’s con- this section or the ability of the families of ority with respect to the accident, the Board trol will be returned to the family unless the passengers involved in the accident to have shall assist, to the maximum extent possible, possession is needed for the accident inves- contact with one another. the agency to which the Board has relin- tigation or any criminal investigation; and ‘‘(2) UNSOLICITED COMMUNICATIONS.—No un- quished investigative priority in assisting that any unclaimed possession of a passenger solicited communication concerning a poten- families with respect to the accident. within a rail passenger carrier’s control will tial action for personal injury or wrongful ‘‘(k) SAVINGS CLAUSE.—Nothing in this sec- be retained by the rail passenger carrier for death may be made by an attorney (includ- tion shall be construed to abridge the au- at least 18 months.

VerDate Aug 31 2005 03:38 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.117 S01AUPT1 erowe on PRODPC61 with SENATE S8064 CONGRESSIONAL RECORD — SENATE August 1, 2008 ‘‘(6) A process by which the treatment of vided by passenger rail carriers to the fami- section (a) to the appropriate permitting the families of nonrevenue passengers will be lies of passengers involved in a passenger rail agency authorized to grant such permits; the same as the treatment of the families of accident; and revenue passengers. (3) recommendations on methods to ensure ‘‘(ii) until the permitting agency has either ‘‘(7) An assurance that a rail passenger car- that the families of passengers involved in a approved or denied the solid waste rail trans- rier will provide adequate training to its em- passenger rail accident who are not citizens fer facility’s application for each permit. ployees and agents to meet the needs of sur- of the United States receive appropriate as- ‘‘(B) SITING PERMITS AND REQUIREMENTS.—A vivors and family members following an ac- sistance; and solid waste rail transfer facility operating as cident. (4) recommendations on methods to ensure of the date of enactment of the Clean Rail- ‘‘(c) USE OF INFORMATION.—Neither the Na- that emergency services personnel have as roads Act of 2008 that does not possess a tional Transportation Safety Board, the Sec- immediate and accurate a count of the num- State siting permit required pursuant to sub- retary of Transportation, the Secretary of ber of passengers onboard the train as pos- section (a) as of such date of enactment shall Homeland Security, nor a rail passenger car- sible. not be required to possess any siting permit rier may release any personal information on (c) REPORT.—Not later than 1 year after to continue to operate or comply with any a list obtained under subsection (b)(1) but the date of the enactment of this Act, the State land use requirements. The Governor may provide information on the list about a Secretary shall transmit to Congress a re- of a State in which the facility is located or passenger to the family of the passenger to port containing the model plan and rec- his or her designee may petition the Board the extent that the Board or a rail passenger ommendations developed by the task force to require the facility to apply for a land-use carrier considers appropriate. under subsection (b). exemption pursuant to section 10909 of this ‘‘(d) LIMITATION ON LIABILITY.—A rail pas- chapter. The Board shall accept the petition, TITLE VI—CLARIFICATION OF FEDERAL senger carrier shall not be liable for damages and the facility shall be required to have a JURISDICTION OVER SOLID WASTE FA- in any action brought in a Federal or State Board-issued land-use exemption in order to CILITIES court arising out of the performance of a rail continue to operate, pursuant to section passenger carrier under this section in pre- SEC. 601. SHORT TITLE. 10909 of this chapter. paring or providing a passenger list, or in This title may be cited as the ‘‘Clean Rail- ‘‘(c) COMMON CARRIER OBLIGATION.—No pro- providing information concerning a train roads Act of 2007’’. spective or current rail carrier customer reservation, pursuant to a plan submitted by SEC. 602. CLARIFICATION OF GENERAL JURIS- may demand solid waste rail transfer service a rail passenger carrier under subsection (b), DICTION OVER SOLID WASTE TRANS- from a rail carrier at a solid waste rail trans- unless such liability was caused by a rail FER FACILITIES. fer facility that does not already possess the passenger carrier’s gross negligence or ex- Section 10501(c)(2) is amended to read as necessary Federal land use exemption and treme misconduct. follows: State permits at the location where service ‘‘(e) LIMITATIONS ON STATUTORY CONSTRUC- ‘‘(2) Except as provided in paragraph (3), is requested. TION.— the Board does not have jurisdiction under ‘‘(d) NON-WASTE COMMODITIES.—Nothing in ‘‘(1) RAIL PASSENGER CARRIERS.—Nothing in this part over— this section or section 10909 of this chapter this section may be construed as limiting ‘‘(A) mass transportation provided by a shall affect a rail carrier’s ability to conduct the actions that a rail passenger carrier may local government authority; or transportation-related activities with re- take, or the obligations that a rail passenger ‘‘(B) a solid waste rail transfer facility as spect to commodities other than solid waste. carrier may have, in providing assistance to defined in section 10908 of this title, except ‘‘(e) DEFINITIONS.— the families of passengers involved in a rail as provided under sections 10908 and 10909 of ‘‘(1) IN GENERAL.—In this section: passenger accident. this title. ‘‘(A) COMMERCIAL AND RETAIL WASTE.—The ‘‘(2) INVESTIGATIONAL AUTHORITY OF BOARD term ‘commercial and retail waste’ means SEC. 603. REGULATION OF SOLID WASTE RAIL material discarded by stores, offices, res- AND SECRETARY.—Nothing in this section TRANSFER FACILITIES. taurants, warehouses, nonmanufacturing ac- shall be construed to abridge the authority (a) IN GENERAL.—Chapter 109 is amended tivities at industrial facilities, and other of the Board or the Secretary of Transpor- by adding at the end thereof the following: tation to investigate the causes or cir- similar establishments or facilities. cumstances of any rail accident, including ‘‘§ 10908. Regulation of solid waste rail trans- ‘‘(B) CONSTRUCTION AND DEMOLITION DE- the development of information regarding fer facilities BRIS.—The term ‘construction and demoli- the nature of injuries sustained and the man- ‘‘(a) IN GENERAL.—Each solid waste rail tion debris’ means waste building materials, ner in which they were sustained, for the transfer facility shall be subject to and shall packaging, and rubble resulting from con- purpose of determining compliance with ex- comply with all applicable Federal and State struction, remodeling, repair, and demoli- isting laws and regulations or identifying requirements, both substantive and proce- tion operations on pavements, houses, com- means of preventing similar injuries in the dural, including judicial and administrative mercial buildings, and other structures. future. orders and fines, respecting the prevention ‘‘(C) HOUSEHOLD WASTE.—The term ‘house- ‘‘(f) FUNDING.—Out of funds appropriated and abatement of pollution, the protection hold waste’ means material discarded by res- pursuant to section 20117(a)(1)(A), there shall and restoration of the environment, and the idential dwellings, hotels, motels, and other be made available to the Secretary of Trans- protection of public health and safety, in- similar permanent or temporary housing es- portation $500,000 for fiscal year 2008 to carry cluding laws governing solid waste, to the tablishments or facilities. out this section. Amounts made available same extent as required for any similar solid ‘‘(D) INDUSTRIAL WASTE.—The term ‘indus- pursuant to this subsection shall remain waste management facility, as defined in trial waste’ means the solid waste generated available until expended.’’. section 1004(29) of the Solid Waste Disposal by manufacturing and industrial and re- (b) CONFORMING AMENDMENT.—The chapter Act (42 U.S.C. 6903(29)) that is not owned or search and development processes and oper- analysis for chapter 243 is amended by add- operated by or on behalf of a rail carrier, ex- ations, including contaminated soil, nonhaz- ing at the end the following: cept as provided for in section 10909 of this ardous oil spill cleanup waste and dry non- ‘‘24316. Plan to assist families of passengers chapter. hazardous pesticides and chemical waste, but involved in rail passenger acci- ‘‘(b) EXISTING FACILITIES.— does not include hazardous waste regulated dents’’. ‘‘(1) STATE LAWS AND STANDARDS.—Within under subtitle C of the Solid Waste Disposal SEC. 503. ESTABLISHMENT OF TASK FORCE. 90 days after the date of enactment of the Act (42 U.S.C. 6921 et seq.), mining or oil and (a) ESTABLISHMENT.—The Secretary, in co- Clean Railroads Act of 2008, a solid waste rail gas waste. operation with the National Transportation transfer facility operating as of such date of ‘‘(E) INSTITUTIONAL WASTE.—The term ‘in- Safety Board, organizations potentially des- enactment shall comply with all Federal and stitutional waste’ means material discarded ignated under section 1139(a)(2) of title 49, State requirements pursuant to subsection by schools, nonmedical waste discarded by United States Code, rail passenger carriers (a) other than those provisions requiring per- hospitals, material discarded by nonmanu- (as defined in section 1139(h)(2) of title 49, mits. facturing activities at prisons and govern- United States Code), and families which have ‘‘(2) PERMIT REQUIREMENTS.— ment facilities, and material discarded by been involved in rail accidents, shall estab- ‘‘(A) STATE NON-SITING PERMITS.—Any solid other similar establishments or facilities. lish a task force consisting of representa- waste rail transfer facility operating as of ‘‘(F) MUNICIPAL SOLID WASTE.—The term tives of such entities and families, represent- the date of enactment of the Clean Railroads ‘municipal solid waste’ means— atives of rail passenger carrier employees, Act of 2008 that does not possess a permit re- ‘‘(i) household waste; and representatives of such other entities as quired pursuant to subsection (a), other than ‘‘(ii) commercial and retail waste; and the Secretary considers appropriate. a siting permit for the facility, as of the date ‘‘(iii) institutional waste. (b) MODEL PLAN AND RECOMMENDATIONS.— of enactment of the Clean Railroads Act of ‘‘(G) SOLID WASTE.—With the exception of The task force established pursuant to sub- 2008 shall not be required to possess any such waste generated by a rail carrier during section (a) shall develop— permits in order to operate the facility— track, track structure, or right-of-way con- (1) a model plan to assist rail passenger ‘‘(i) if, within 180 days after such date of struction, maintenance, or repair (including carriers in responding to passenger rail acci- enactment, the solid waste rail transfer fa- railroad ties and line-side poles) or waste dents; cility has submitted, in good faith, a com- generated as a result of a railroad accident, (2) recommendations on methods to im- plete application for all permits, except incident, or derailment, the term ‘solid prove the timeliness of the notification pro- siting permits, required pursuant to sub- waste’ means—

VerDate Aug 31 2005 03:38 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.117 S01AUPT1 erowe on PRODPC61 with SENATE August 1, 2008 CONGRESSIONAL RECORD — SENATE S8065 ‘‘(i) construction and demolition debris; actment of the Clean Railroads Act of 2008 is ‘‘(4) regional solid waste disposal plans de- ‘‘(ii) municipal solid waste; located, or his or her designee, petitions the veloped pursuant to State or Federal law; ‘‘(iii) household waste; Board to initiate a permit proceeding for ‘‘(5) any Federal and State environmental ‘‘(iv) commercial and retail waste; that particular facility. protection laws or regulations applicable to ‘‘(v) institutional waste; ‘‘(b) LAND-USE EXEMPTION PROCEDURES.— the site; ‘‘(vi) sludge; No later than 90 days after the date of enact- ‘‘(6) any unreasonable burdens imposed on ‘‘(vii) industrial waste; and ment of the Clean Railroad Act of 2008, the the interstate transportation of solid waste ‘‘(viii) other solid waste, as determined ap- Board shall publish procedures governing the by railroad, or the potential for discrimina- propriate by the Board. submission and review of applications for tion against the railroad transportation of ‘‘(H) SOLID WASTE RAIL TRANSFER FACIL- solid waste rail transfer facility land-use ex- solid waste, a solid waste rail transfer facil- ITY.—The term ‘solid waste rail transfer fa- emptions. At a minimum, the procedures ity, or a rail carrier that owns or operates cility’— shall address— such a facility; and ‘‘(i) means the portion of a facility owned ‘‘(1) the information that each application ‘‘(7) any other relevant factors, as deter- or operated by or on behalf of a rail carrier should contain to explain how the solid mined by the Board. (as defined in section 10102 of this title) waste rail transfer facility will not pose an (e) EXISTING FACILITIES.—Upon the grant- where solid waste, as a commodity to be unreasonable risk to public health, safety or ing of petition from the State in which a transported for a charge, is collected, stored, the environment; solid waste rail transfer facility is operating separated, processed, treated, managed, dis- ‘‘(2) the opportunity for public notice and as of the date of enactment of the Clean posed of, or transferred, when the activity comment including notification of the mu- Railroads Act of 2008 by the Board, the facil- takes place outside of original shipping con- nicipality, the State, and any relevant Fed- ity shall submit a complete application for a tainers; but eral or State regional planning entity in the siting permit to the Board pursuant to the ‘‘(ii) does not include— jurisdiction of which the solid waste rail procedures issued pursuant to subsection (b). ‘‘(I) the portion of a facility to the extent transfer facility is proposed to be located; No State may enforce a law, regulation, that activities taking place at such portion ‘‘(3) the timeline for Board review, includ- order, or other requirement affecting the are comprised solely of the railroad trans- ing a requirement that the Board approve or siting of a facility that is operating as of the portation of solid waste after the solid waste deny an exemption within 90 days after the date of enactment of the Clean Railroads Act is loaded for shipment on or in a rail car, in- full record for the application is developed; of 2008 until the Board has approved or de- cluding railroad transportation for the pur- ‘‘(4) the expedited review timelines for pe- nied a permit pursuant to subsection (c). pose of interchanging railroad cars con- titions for modifications, amendments, or ‘‘(f) EFFECT OF LAND-USE EXEMPTION.—If taining solid waste shipments; or revocations of granted exemptions; the Board grants a land-use exemption to a ‘‘(II) a facility where solid waste is solely ‘‘(5) the process for a State to petition the solid waste rail transfer facility, all State transferred or transloaded from a tank truck Board to require a solid waste transfer facil- laws, regulations, orders, or other require- directly to a rail tank car. ity or a rail carrier that owns or operates ments affecting the siting of a facility are ‘‘(I) SLUDGE.—The term ‘sludge’ means any such a facility to apply for a siting permit; preempted with regard to that facility. An solid, semi-solid or liquid waste generated and exemption may require compliance with from a municipal, commercial, or industrial ‘‘(6) the process for a solid waste transfer such State laws, regulations, orders, or other wastewater treatment plant, water supply facility or a rail carrier that owns or oper- requirements. treatment plant, or air pollution control fa- ates such a facility to petition the Board for ‘‘(g) INJUNCTIVE RELIEF.—Nothing in this cility exclusive of the treated effluent from a land-use exemption. section precludes a person from seeking an a wastewater treatment plant. ‘‘(c) STANDARD FOR REVIEW.— injunction to enjoin a solid waste rail trans- ‘‘(2) EXCEPTIONS.—Notwithstanding para- ‘‘(1) The Board may only issue a land use fer facility from being constructed or oper- graph (1), the terms ‘household waste’, ‘com- exemption if it determines that the facility ated by or on behalf of a rail carrier if that mercial and retail waste’, and ‘institutional at the existing or proposed location does not facility has materially violated, or will ma- waste’ do not include— pose an unreasonable risk to public health, terially violate, its land use exemption or if ‘‘(A) yard waste and refuse-derived fuel; safety, or the environment. In deciding it failed to receive a valid land-use exemp- ‘‘(B) used oil; whether a solid waste rail transfer facility tion under this section. ‘‘(C) wood pallets; that is or proposed to be constructed or oper- ‘‘(h) FEES.—The Board may charge permit ‘‘(D) clean wood; ated by or on behalf of a rail carrier poses an applicants reasonable fees to implement this section, including the costs of third-party ‘‘(E) medical or infectious waste; or unreasonable risk to public health, safety, or consultants. ‘‘(F) motor vehicles (including motor vehi- the environment, the Board shall weigh the ‘‘(i) DEFINITIONS.—In this section the terms cle parts or vehicle fluff). particular facility’s potential benefits to and ‘solid waste’, ‘solid waste rail transfer facil- ‘‘(3) STATE REQUIREMENTS.—In this section the adverse impacts on public health, public ity’, and ‘State requirements’ have the the term ‘State requirements’ does not in- safety, the environment, interstate com- meaning given such terms in section clude the laws, regulations, ordinances, or- merce, and transportation of solid waste by 10908(e).’’. ders, or other requirements of a political rail. (b) CONFORMING AMENDMENT.—The chapter subdivision of a State, including a locality or ‘‘(2) The Board may not grant a land-use analysis for chapter 109, as amended by sec- municipality, unless a State expressly dele- exemption for a solid waste rail transfer fa- tion 603 of this Act, is amended by inserting gates such authority to such political sub- cility proposed to be located on land within after the item relating to section 10908 the division.’’. any unit of or land affiliated with the Na- following: (b) CONFORMING AMENDMENT.—The chapter tional Park System, the National Wildlife analysis for chapter 109 is amended by in- ‘‘10909. Solid waste rail transfer facility land- Refuge System, the National Wilderness use exemption’’. serting after the item relating to section Preservation System, the National Trails 10907 the following: SEC. 605. EFFECT ON OTHER STATUTES AND AU- System, the National Wild and Scenic Rivers THORITIES. ‘‘10908. Regulation of solid waste rail trans- System, a National Reserve, a National (a) IN GENERAL.—Chapter 109 is further fer facilities’’. Monument, or lands referenced in Public amended by adding at the end thereof the SEC. 604. SOLID WASTE RAIL TRANSFER FACILITY Law 108–421 for which a State has imple- following: LAND-USE EXEMPTION AUTHORITY. mented a conservation management plan, if ‘‘§ 10910. Effect on other statutes and authori- (a) IN GENERAL.—Chapter 109 is further operation of the facility would be incon- ties amended by adding at the end thereof the sistent with restrictions placed on such land. following: ‘‘(d) CONSIDERATIONS.—When evaluating an ‘‘Nothing in section 10908 or 10909 is in- ‘‘§ 10909. Solid waste rail transfer facility application under this section, the Board tended to affect the traditional police powers land-use exemption shall consider and give due weight to the fol- of the State to require a rail carrier to com- ply with State and local environmental, pub- ‘‘(a) AUTHORITY.—The Board may issue a lowing, as applicable: land-use exemption for a solid waste rail ‘‘(1) the land use, zoning, and siting regula- lic health, and public safety standards that transfer facility that is or is proposed to be tions or solid waste planning requirements of are not unreasonably burdensome to inter- operated by or on behalf of a rail carrier if— the State or State subdivision in which the state commerce and do not discriminate ‘‘(1) the Board finds that a State, local, or facility is or will be located that are applica- against rail carriers.’’. (b) CONFORMING AMENDMENT.—The chapter municipal law, regulation, order, or other re- ble to solid waste transfer facilities, includ- analysis for chapter 109, as amended by sec- quirement affecting the siting of such facil- ing those that are not owned or operated by tion 604 of this Act, is amended by inserting ity unreasonably burdens the interstate or on behalf of a rail carrier; after the item relating to section 10909 the transportation of solid waste by railroad, ‘‘(2) the land use, zoning, and siting regula- following: discriminates against the railroad transpor- tions or solid waste planning requirements tation of solid waste and a solid waste rail applicable to the property where the solid ‘‘10910. Effect on other statutes and authori- transfer facility, or a rail carrier that owns waste rail transfer facility is proposed to be ties’’. or operates such a facility petitions the located; TITLE VII—TECHNICAL CORRECTIONS Board for such an exemption; or ‘‘(3) regional transportation planning re- SEC. 701. TECHNICAL CORRECTIONS. ‘‘(2) the Governor of a State in which a fa- quirements developed pursuant to Federal (a) LIMITATIONS ON FINANCIAL ASSIST- cility that is operating as of the date of en- and State law; ANCE.—Section 22106 is amended—

VerDate Aug 31 2005 04:32 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.117 S01AUPT1 erowe on PRODPC61 with SENATE S8066 CONGRESSIONAL RECORD — SENATE August 1, 2008 (1) by striking the second sentence of sub- Reconciliation Act of 1996 to provide, began receiving supplemental security in- section (a); in fiscal years 2009 through 2011, exten- come benefits, to become a lawful permanent (2) by striking subsection (b) and inserting sions of supplemental security income resident with the Secretary of Homeland Se- the following: for refugees, asylees, and certain other curity, and the Commissioner of Social Secu- ‘‘(b) STATE USE OF REPAID FUNDS AND CON- humanitarian immigrants, and to rity has verified, through procedures estab- TINGENT INTEREST RECOVERIES.—The State lished in consultation with such Secretary, shall place the United States Government’s amend the Internal Revenue Code of that such application is pending; share of money that is repaid and any con- 1986 to collect unemployment com- ‘‘(cc) has been granted the status of Cuban tingent interest that is recovered in an in- pensation debts resulting from fraud.; and Haitian entrant, as defined in section terest-bearing account. The repaid money, as follows: 501(e) of the Refugee Education Assistance contingent interest, and any interest thereof Strike all after the enacting clause and in- Act of 1980 (Public Law 96–422), for purposes shall be considered to be State funds. The sert the following: of the specified Federal program described in State shall use such funds to make other SECTION 1. SHORT TITLE. paragraph (3)(A); grants and loans, consistent with the pur- This Act may be cited as the ‘‘SSI Exten- ‘‘(dd) has had his or her deportation with- poses for which financial assistance may be sion for Elderly and Disabled Refugees Act’’. held by the Secretary of Homeland Security used under subsection (a), as the State con- SEC. 2. SSI EXTENSIONS FOR HUMANITARIAN IM- under section 243(h) of the Immigration and siders to be appropriate.’’; and MIGRANTS. Nationality Act (as in effect immediately be- (3) by striking subsections (c) and (e) and Section 402(a)(2) of the Personal Responsi- fore the effective date of section 307 of divi- redesignating subsection (d) as subsection bility and Work Opportunity Reconciliation sion C of Public Law 104–208), or whose re- (c). Act of 1996 (8 U.S.C. 1612(a)(2)) is amended by moval is withheld under section 241(b)(3) of (b) GRANTS FOR CLASS II AND III RAIL- adding at the end the following: such Act; ROADS.—Section 22301(a)(1)(A)(iii) is amended ‘‘(M) SSI EXTENSIONS THROUGH FISCAL YEAR by striking ‘‘and’’ and inserting ‘‘or’’. ‘‘(ee) has not attained age 18; or 2011.— (c) RAIL TRANSPORTATION OF RENEWABLE ‘‘(ff) has attained age 70. ‘‘(i) TWO-YEAR EXTENSION FOR CERTAIN FUEL STUDY.—Section 245(a)(1) of the Energy ‘‘(IV) DECLARATION REQUIRED.— ALIENS AND VICTIMS OF TRAFFICKING.— Independence and Security Act of 2007 is ‘‘(aa) IN GENERAL.—For purposes of sub- ‘‘(I) IN GENERAL.—Subject to clause (ii), amended by striking ‘‘Secretary, in coordi- clauses (I) and (II), the declaration required with respect to eligibility for benefits under under this subclause of a qualified alien or nation with the Secretary of Transpor- subparagraph (A) for the specified Federal tation,’’ and inserting ‘‘Secretary and the victim of trafficking described in either such program described in paragraph (3)(A) of subclause is a declaration under penalty of Secretary of Transportation’’. qualified aliens (as defined in section 431(b)) (d) MOTOR CARRIER DEFINITION.— perjury stating that the alien or victim has Section 14504a of title 49, United States and victims of trafficking in persons (as de- made a good faith effort to pursue United Code, is amended— fined in section 107(b)(1)(C) of division A of States citizenship, as determined by the Sec- (1) in subsection (a)— the Victims of Trafficking and Violence Pro- retary of Homeland Security. The Commis- (A) in the matter preceding paragraph (1), tection Act of 2000 (Public Law 106–386) or as sioner of Social Security shall develop cri- by inserting ‘‘(except as provided in para- granted status under section 101(a)(15)(T)(ii) teria as needed, in consultation with the graph (5))’’ after ‘‘14506’’; of the Immigration and Nationality Act), the Secretary of Homeland Security, for consid- (B) in paragraph (1), by striking subpara- 7-year period described in subparagraph (A) eration of such declarations. shall be deemed to be a 9-year period during graph (A) and inserting the following: ‘‘(bb) EXCEPTION FOR CHILDREN.—A quali- fiscal years 2009 through 2011 in the case of ‘‘(A) IN GENERAL.—Except as provided in fied alien or victim of trafficking described subparagraph (B), the term ‘commercial such a qualified alien or victim of trafficking in subclause (I) or (II) who has not attained motor vehicle’— who furnishes to the Commissioner of Social age 18 shall not be required to furnish to the Security the declaration required under sub- ‘‘(i) for calendar years 2008 and 2009, has Commissioner of Social Security a declara- clause (IV) (if applicable) and is described in the meaning given the term in section 31101; tion described in item (aa) as a condition of subclause (III). and being eligible for the specified Federal pro- ‘‘(II) ALIENS AND VICTIMS WHOSE BENEFITS ‘‘(ii) for years beginning after December 31, gram described in paragraph (3)(A) for an ad- CEASED IN PRIOR FISCAL YEARS.—Subject to 2009, means a self-propelled vehicle described ditional 2-year period in accordance with clause (ii), beginning on the date of the en- in section 31101.’’; and this clause. actment of the SSI Extension for Elderly and (C) by striking paragraph (5) and inserting ‘‘(V) PAYMENT OF BENEFITS TO ALIENS Disabled Refugees Act, any qualified alien the following: WHOSE BENEFITS CEASED IN PRIOR FISCAL (as defined in section 431(b)) or victim of ‘‘(5) MOTOR CARRIER.— YEARS.—Benefits paid to a qualified alien or trafficking in persons (as defined in section ‘‘(A) THIS SECTION.—In this section: victim described in subclause (II) shall be 107(b)(1)(C) of division A of the Victims of ‘‘(i) IN GENERAL.—The term ‘motor carrier’ Trafficking and Violence Protection Act of paid prospectively over the duration of the includes all carriers that are otherwise ex- qualified alien’s or victim’s renewed eligi- empt from this part— 2000 (Public Law 106–386) or as granted status under section 101(a)(15)(T)(ii) of the Immi- bility. ‘‘(I) under subchapter I of chapter 135; or ‘‘(ii) SPECIAL RULE IN CASE OF PENDING OR ‘‘(II) through exemption actions by the gration and Nationality Act) rendered ineli- gible for the specified Federal program de- APPROVED NATURALIZATION APPLICATION.— former Interstate Commerce Commission With respect to eligibility for benefits for under this title. scribed in paragraph (3)(A) during the period beginning on August 22, 1996, and ending on the specified program described in paragraph ‘‘(ii) EXCLUSIONS.—In this section, the term September 30, 2008, solely by reason of the (3)(A), paragraph (1) shall not apply during ‘motor carrier’ does not include— fiscal years 2009 through 2011 to an alien de- ‘‘(I) any carrier subject to section 13504; or termination of the 7-year period described in subparagraph (A) shall be eligible for such scribed in one of clauses (i) through (v) of ‘‘(II) any other carrier that the board of di- subparagraph (A) or a victim of trafficking rectors of the unified carrier registration program for an additional 2-year period in accordance with this clause, if such qualified in persons (as defined in section 107(b)(1)(C) plan determines to be appropriate pursuant of division A of the Victims of Trafficking to subsection (d)(4)(C). alien or victim of trafficking meets all other eligibility factors under title XVI of the So- and Violence Protection Act of 2000 (Public ‘‘(B) SECTION 14506.—In section 14506, the cial Security Act, furnishes to the Commis- Law 106–386) or as granted status under sec- term ‘motor carrier’ includes all carriers tion 101(a)(15)(T)(ii) of the Immigration and that are otherwise exempt from this part— sioner of Social Security the declaration re- quired under subclause (IV) (if applicable), Nationality Act), if such alien or victim (in- ‘‘(i) under subchapter I of chapter 135; or cluding any such alien or victim rendered in- ‘‘(ii) through exemption actions by the and is described in subclause (III). LIENS AND VICTIMS DESCRIBED.—For eligible for the specified Federal program de- former Interstate Commerce Commission ‘‘(III) A purposes of subclauses (I) and (II), a qualified scribed in paragraph (3)(A) during the period under this title.’’; and alien or victim of trafficking described in beginning on August 22, 1996, and ending on (2) in subsection (d)(4)(C), by inserting be- this subclause is an alien or victim who— September 30, 2008, solely by reason of the fore the period at the end the following: ‘‘, ‘‘(aa) has been a lawful permanent resident termination of the 7-year period described in except that a decision to approve the exclu- for less than 6 years and such status has not subparagraph (A)) has filed an application sion of carriers from the definition of the been abandoned, rescinded under section 246 for naturalization that is pending before the term ‘motor carrier’ under subsection (a)(5) of the Immigration and Nationality Act, or Secretary of Homeland Security or a United shall require an affirmative vote of 3⁄4 of all States district court based on section 336(b) such directors.’’. terminated through removal proceedings under section 240 of the Immigration and Na- of the Immigration and Nationality Act, or SA 5260. Ms. CANTWELL (for Mr. tionality Act, and the Commissioner of So- has been approved for naturalization but not cial Security has verified such status, yet sworn in as a United States citizen, and SMITH (for himself, Mr. KOHL, Mr. through procedures established in consulta- the Commissioner of Social Security has SPECTER, and Mr. CARDIN)) proposed an tion with the Secretary of Homeland Secu- verified, through procedures established in amendment to the bill H.R. 2608, to rity; consultation with the Secretary of Homeland amend section 402 of the Personal Re- ‘‘(bb) has filed an application, within 4 Security, that such application is pending or sponsibility and Work Opportunity years from the date the alien or victim has been approved.’’.

VerDate Aug 31 2005 03:38 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.117 S01AUPT1 erowe on PRODPC61 with SENATE August 1, 2008 CONGRESSIONAL RECORD — SENATE S8067 SEC. 3. COLLECTION OF UNEMPLOYMENT COM- able efforts to obtain payment of such cov- change of data in connection with a request PENSATION DEBTS RESULTING ered unemployment compensation debt. made under subsection (f)(5) of section 6402,’’ FROM FRAUD. ‘‘(5) COVERED UNEMPLOYMENT COMPENSA- after ‘‘section 6402’’, and (a) IN GENERAL.—Section 6402 of the Inter- TION DEBT.—For purposes of this subsection, (C) in subparagraph (B)— nal Revenue Code (relating to authority to the term ‘covered unemployment compensa- (i) by inserting ‘‘(i)’’ after ‘‘(B)’’; and make credits or refunds) is amended by re- tion debt’ means— (ii) by adding at the end the following: designating subsections (f) through (k) as ‘‘(A) a past-due debt for erroneous payment ‘‘(ii) Notwithstanding clause (i), return in- subsections (g) through (l), respectively, and of unemployment compensation due to fraud formation disclosed to officers and employ- by inserting after subsection (e) the fol- which has become final under the law of a ees of the Department of Labor may be lowing new subsection: State certified by the Secretary of Labor accessed by agents who maintain and provide pursuant to section 3304 and which remains ‘‘(f) COLLECTION OF UNEMPLOYMENT COM- technological support to the Department of uncollected for not more than 10 years; PENSATION DEBTS RESULTING FROM FRAUD.— Labor’s Interstate Connection Network ‘‘(B) contributions due to the unemploy- ‘‘(1) IN GENERAL.—Upon receiving notice (ICON) solely for the purpose of providing from any State that a named person owes a ment fund of a State for which the State has such maintenance and support.’’. covered unemployment compensation debt determined the person to be liable due to (3) SAFEGUARDS.—Paragraph (4) of section to such State, the Secretary shall, under fraud and which remain uncollected for not 6103(p) of such Code is amended— more than 10 years; and such conditions as may be prescribed by the (A) in the matter preceding subparagraph ‘‘(C) any penalties and interest assessed on Secretary— (A), by striking ‘‘(l)(16),’’ and inserting such debt. ‘‘(A) reduce the amount of any overpay- ‘‘(l)(10), (16),’’; ‘‘(6) REGULATIONS.— ment payable to such person by the amount (B) in subparagraph (F)(i), by striking ‘‘(A) IN GENERAL.—The Secretary may of such covered unemployment compensa- ‘‘(l)(16),’’ and inserting ‘‘(l)(10), (16),’’; and issue regulations prescribing the time and tion debt; (C) in the matter following subparagraph manner in which States must submit notices ‘‘(B) pay the amount by which such over- (F)(iii)— of covered unemployment compensation debt payment is reduced under subparagraph (A) (i) in each of the first two places it ap- and the necessary information that must be to such State and notify such State of such pears, by striking ‘‘(l)(16),’’ and inserting contained in or accompany such notices. The person’s name, taxpayer identification num- ‘‘(l)(10), (16),’’; regulations may specify the minimum (ii) by inserting ‘‘(10),’’ after ‘‘paragraph ber, address, and the amount collected; and amount of debt to which the reduction proce- ‘‘(C) notify the person making such over- (6)(A),’’; and dure established by paragraph (1) may be ap- (iii) in each of the last two places it ap- payment that the overpayment has been re- plied. duced by an amount necessary to satisfy a pears, by striking ‘‘(l)(16)’’ and inserting ‘‘(B) FEE PAYABLE TO SECRETARY.—The reg- covered unemployment compensation debt. ‘‘(l)(10) or (16)’’. ulations may require States to pay a fee to (c) EXPENDITURES FROM STATE FUND.—Sec- If an offset is made pursuant to a joint re- the Secretary, which may be deducted from turn, the notice under subparagraph (C) shall tion 3304(a)(4) of such Code is amended— amounts collected, to reimburse the Sec- (1) in subparagraph (E), by striking ‘‘and’’ include information related to the rights of a retary for the cost of applying such proce- spouse of a person subject to such an offset. after the semicolon; dure. Any fee paid to the Secretary pursuant (2) in subparagraph (F), by inserting ‘‘and’’ ‘‘(2) PRIORITIES FOR OFFSET.—Any overpay- to the preceding sentence shall be used to re- ment by a person shall be reduced pursuant after the semicolon; and imburse appropriations which bore all or (3) by adding at the end the following new to this subsection— part of the cost of applying such procedure. ‘‘(A) after such overpayment is reduced subparagraph: ‘‘(C) SUBMISSION OF NOTICES THROUGH SEC- ‘‘(G) with respect to amounts of covered pursuant to— RETARY OF LABOR.—The regulations may in- ‘‘(i) subsection (a) with respect to any li- unemployment compensation debt (as de- clude a requirement that States submit no- fined in section 6402(f)(4)) collected under ability for any internal revenue tax on the tices of covered unemployment compensa- part of the person who made the overpay- section 6402(f)— tion debt to the Secretary via the Secretary ‘‘(i) amounts may be deducted to pay any ment; of Labor in accordance with procedures es- ‘‘(ii) subsection (c) with respect to past-due fees authorized under such section; and tablished by the Secretary of Labor. Such ‘‘(ii) the penalties and interest described in support; and procedures may require States to pay a fee ‘‘(iii) subsection (d) with respect to any section 6402(f)(4)(B) may be transferred to to the Secretary of Labor to reimburse the the appropriate State fund into which the past-due, legally enforceable debt owed to a Secretary of Labor for the costs of applying Federal agency; and State would have deposited such amounts this subsection. Any such fee shall be estab- had the person owing the debt paid such ‘‘(B) before such overpayment is credited lished in consultation with the Secretary of to the future liability for any Federal inter- amounts directly to the State;’’. the Treasury. Any fee paid to the Secretary (d) CONFORMING AMENDMENTS.— nal revenue tax of such person pursuant to of Labor may be deducted from amounts col- (1) Subsection (a) of section 6402 of such subsection (b). lected and shall be used to reimburse the ap- Code is amended by striking ‘‘(c), (d), and If the Secretary receives notice from a State propriation account which bore all or part of (e),’’ and inserting ‘‘(c), (d), (e), and (f)’’. or States of more than one debt subject to the cost of applying this subsection. (2) Paragraph (2) of section 6402(d) of such paragraph (1) or subsection (e) that is owed ‘‘(7) ERRONEOUS PAYMENT TO STATE.—Any Code is amended by striking ‘‘and before by a person to such State or States, any State receiving notice from the Secretary such overpayment is reduced pursuant to overpayment by such person shall be applied that an erroneous payment has been made to subsection (e)’’ and inserting ‘‘and before against such debts in the order in which such such State under paragraph (1) shall pay such overpayment is reduced pursuant to debts accrued. promptly to the Secretary, in accordance subsections (e) and (f)’’. ‘‘(3) OFFSET PERMITTED ONLY AGAINST RESI- with such regulations as the Secretary may (3) Paragraph (3) of section 6402(e) of such DENTS OF STATE SEEKING OFFSET.—Paragraph prescribe, an amount equal to the amount of Code is amended in the last sentence by in- (1) shall apply to an overpayment by any such erroneous payment (without regard to serting ‘‘or subsection (f)’’ after ‘‘paragraph person for a taxable year only if the address whether any other amounts payable to such (1)’’. shown on the Federal return for such taxable State under such paragraph have been paid (4) Subsection (g) of section 6402 of such year of the overpayment is an address within to such State). Code, as redesignated by subsection (a), is the State seeking the offset. ‘‘(8) TERMINATION.—This section shall not amended by striking ‘‘(c), (d), or (e)’’ and in- ‘‘(4) NOTICE; CONSIDERATION OF EVIDENCE.— apply to refunds payable after the date serting ‘‘(c), (d), (e), or (f)’’. No State may take action under this sub- which is 10 years after the date of the enact- (5) Subsection (i) of section 6402 of such section until such State— ment of this subsection.’’. Code, as redesignated by subsection (a), is ‘‘(A) notifies by certified mail with return (b) DISCLOSURE OF CERTAIN INFORMATION TO amended by striking ‘‘subsection (c) or (e)’’ receipt the person owing the covered unem- STATES REQUESTING REFUND OFFSETS FOR and inserting ‘‘subsection (c), (e), or (f)’’. ployment compensation debt that the State LEGALLY ENFORCEABLE STATE UNEMPLOY- (e) EFFECTIVE DATE.—The amendments proposes to take action pursuant to this sec- MENT COMPENSATION DEBT RESULTING FROM made by this section shall apply to refunds tion; FRAUD.— payable under section 6402 of the Internal ‘‘(B) provides such person at least 60 days (1) GENERAL RULE.—Paragraph (3) of sec- Revenue Code of 1986 on or after the date of to present evidence that all or part of such tion 6103(a) of such Code is amended by in- enactment of this Act. liability is not legally enforceable or due to serting ‘‘(10),’’ after ‘‘(6),’’. fraud; (2) DISCLOSURE TO DEPARTMENT OF LABOR SA 5261. Ms. CANTWELL (for Mr. ‘‘(C) considers any evidence presented by AND ITS AGENT.—Paragraph (10) of section SMITH) proposed an amendment to the such person and determines that an amount 6103(l) of such Code is amended— bill H.R. 2608, to amend section 402 of of such debt is legally enforceable and due to (A) by striking ‘‘(c), (d), or (e)’’ each place fraud; and it appears in the heading and text and insert- the Personal Responsibility and Work ‘‘(D) satisfies such other conditions as the ing ‘‘(c), (d), (e), or (f)’’, Opportunity Reconciliation Act of 1996 Secretary may prescribe to ensure that the (B) in subparagraph (A) by inserting ‘‘, to to provide, in fiscal years 2009 through determination made under subparagraph (C) officers and employees of the Department of 2011, extensions of supplemental secu- is valid and that the State has made reason- Labor for purposes of facilitating the ex- rity income for refugees, asylees, and

VerDate Aug 31 2005 03:38 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.100 S01AUPT1 erowe on PRODPC61 with SENATE S8068 CONGRESSIONAL RECORD — SENATE August 1, 2008 certain other humanitarian immi- Sec. 6. Reimbursement of audit costs. (b) EFFECTIVE DATE.—The amendment grants, and to amend the Internal Rev- Sec. 7. Financial disclosure requirements. made by this section shall apply with respect Sec. 8. Highest basic pay rate. to any pay increase (as defined by such enue Code of 1986 to collect unemploy- Sec. 9. Additional authorities. ment compensation debts resulting amendment) taking effect on or after the SEC. 2. PROVISIONS RELATING TO FUTURE AN- date of the enactment of this Act. from fraud; as follows: NUAL PAY ADJUSTMENTS. SEC. 3. PAY ADJUSTMENT RELATING TO CERTAIN (a) IN GENERAL.—Section 732 is amended by Amend the title so as to read: ‘‘An Act to PREVIOUS YEARS. amend section 402 of the Personal Responsi- adding at the end the following: ‘‘(j)(1) For purposes of this subsection— (a) APPLICABILITY.—This section applies in bility and Work Opportunity Reconciliation the case of any individual who, as of the date Act of 1996 to provide, in fiscal years 2009 ‘‘(A) the term ‘pay increase’, as used with respect to an officer or employee in connec- of the enactment of this Act, is an officer or through 2011, extensions of supplemental se- employee of the Government Accountability curity income for refugees, asylees, and cer- tion with a year, means the total increase in the rate of basic pay (expressed as a percent- Office, excluding— tain other humanitarian immigrants, and to (1) an officer or employee described in sub- amend the Internal Revenue Code of 1986 to age) of such officer or employee, taking ef- fect under section 731(b) and subsection (c)(3) paragraph (A), (B), or (C) of section 4(c)(1); collect unemployment compensation debts and resulting from fraud.’’. in such year; ‘‘(B) the term ‘required minimum percent- (2) an officer or employee who received both a 2.6 percent pay increase in January SA 5262. Ms. CANTWELL (for Mrs. age’, as used with respect to an officer or em- ployee in connection with a year, means the 2006 and a 2.4 percent pay increase in Feb- HUTCHISON) proposed an amendment to ruary 2007. the bill S. 2507, to address the digital percentage equal to the total increase in rates of basic pay (expressed as a percentage) (b) PAY INCREASE DEFINED.—For purposes television transition in border states; taking effect under sections 5303 and 5304– of this section, the term ‘‘pay increase’’, as as follows: 5304a of title 5 in such year with respect to used with respect to an officer or employee On page 7, line 7, strike ‘‘2014’’ and insert General Schedule positions within the pay in connection with a year, means the total ‘‘2013’’. locality (as defined by section 5302(5) of title increase in the rate of basic pay (expressed On page 10, line 18, strike the quotation 5) in which the position of such officer or em- as a percentage) of such officer or employee, mark and the second period and insert the ployee is located; taking effect under sections 731(b) and following: ‘‘(C) the term ‘covered officer or em- 732(c)(3) of title 31, United States Code, in ‘‘(E) LIMITATION ON EXTENSION OF CERTAIN ployee’, as used with respect to a pay in- such year. LICENSES.—The Commission shall not extend crease, means any individual— (c) PROSPECTIVE EFFECT.—Effective with or renew a full-power television broadcast li- ‘‘(i) who is an officer or employee of the respect to pay for service performed in any cense that authorizes analog television serv- Government Accountability Office, other pay period beginning after the end of the 6- ice on or after February 17, 2013.’’. than an officer or employee described in sub- month period beginning on the date of the paragraph (A), (B), or (C) of section 4(c)(1) of enactment of this Act (or such earlier date SA 5263. Ms. CANTWELL (for Mr. the Government Accountability Office Act of as the Comptroller General may specify), the LEVIN) proposed an amendment in the 2008, determined as of the effective date of rate of basic pay for each individual to whom joint resolution S.J. Res. 45, expressing such pay increase; and this section applies shall be determined as if ‘‘(ii) whose performance is at least at a sat- such individual had received both a 2.6 per- the consent and approval of Congress cent pay increase for 2006 and a 2.4 percent to an inter-state compact regarding isfactory level, as determined by the Comp- troller General under the provisions of sub- pay increase for 2007, subject to subsection water resources in the Great Lakes-St. section (c)(3) for purposes of the adjustment (e). Lawrence River Basin; as follows: taking effect under such provisions in such (d) LUMP-SUM PAYMENT.—Not later than 6 On page 63, strike lines 4 through 11 and in- year; and months after the date of the enactment of sert the following: ‘‘(D) the term ‘nonpermanent merit pay’ this Act, the Comptroller General shall, sub- (1) Congress consents to and approves the means any amount payable under section ject to the availability of appropriations, interstate compact regarding water re- 731(b) which does not constitute basic pay. pay to each individual to whom this section sources in the Great Lakes—St. Lawrence ‘‘(2)(A) Notwithstanding any other provi- applies a lump-sum payment. Subject to sub- River Basin described in the preamble; sion of this chapter, if (disregarding this sub- section (e), such lump-sum payment shall be (2) until a Great Lakes Water Compact is section) the pay increase that would other- equal to— ratified and enforceable, laws in effect as of wise take effect with respect to a covered of- (1)(A) the total amount of basic pay that the date of enactment of this resolution pro- ficer or employee in a year would be less would have been paid to the individual, for vide protection sufficient to prevent Great than the required minimum percentage for service performed during the period begin- Lakes water diversions; and such officer or employee in such year, the ning on the effective date of the pay increase (3) Congress expressly reserves the right to Comptroller General shall provide for a fur- for 2006 and ending on the day before the ef- alter, amend, or repeal this resolution. ther increase in the rate of basic pay of such fective date of the pay adjustment under officer or employee. subsection (c) (or, if earlier, the date on SA 5264. Mr. REID (for Mr. ‘‘(B) The further increase under this sub- which the individual retires or otherwise section— LIEBERMAN) proposed an amendment to ceases to be employed by the Government ‘‘(i) shall be equal to the amount necessary Accountability Office), if such individual had the bill H.R. 5683, to make certain re- to make up for the shortfall described in sub- forms with respect to the Government received both a 2.6 percent pay increase for paragraph (A); and 2006 and a 2.4 percent pay increase for 2007, Accountability Office, and for other ‘‘(ii) shall take effect as of the same date minus purposes; as follows: as the pay increase otherwise taking effect (B) the total amount of basic pay that was Strike all after the enacting clause and in- in such year. in fact paid to the individual for service per- sert the following: ‘‘(C) Nothing in this paragraph shall be formed during the period described in sub- considered to permit or require that a rate of SECTION 1. SHORT TITLE; REFERENCES; TABLE paragraph (A); and OF CONTENTS. basic pay be increased to an amount incon- (2) increased by 4 percent of the amount sistent with the limitation set forth in sub- (a) SHORT TITLE.—This Act may be cited as calculated under paragraph (1). the ‘‘Government Accountability Office Act section (c)(2). Eligibility for a lump-sum payment under ‘‘(D) If (disregarding this subsection) the of 2008’’. this subsection shall be determined solely on covered officer or employee would also have (b) REFERENCES.—Except as otherwise ex- the basis of whether an individual satisfies received any nonpermanent merit pay in pressly provided, whenever in this Act an such year, such nonpermanent merit pay the requirements of subsection (a) (to be con- amendment is expressed in terms of an shall be decreased by an amount equal to the sidered an individual to whom this section amendment to a section or other provision, portion of such officer’s or employee’s basic applies), and without regard to such individ- the reference shall be considered to be made pay for such year which is attributable to ual’s employment status as of any date fol- to a section or other provision of title 31, the further increase described in subpara- lowing the date of the enactment of this Act United States Code. graph (A) (as determined by the Comptroller or any other factor. (c) TABLE OF CONTENTS.—The table of con- General), but to not less than zero. (e) CONDITIONS.—Nothing in subsection (c) tents for this Act is as follows: ‘‘(3) Notwithstanding any other provision or (d) shall be considered to permit or re- Sec. 1. Short title; references; table of con- of this chapter, the effective date of any pay quire— tents. increase (within the meaning of paragraph (1) the payment of any rate (or portion of Sec. 2. Provisions relating to future annual (1)(A)) taking effect with respect to a cov- the lump-sum amount as calculated under pay adjustments. ered officer or employee in any year shall be subsection (d)(1) based on a rate) for any pay Sec. 3. Pay adjustment relating to certain the same as the effective date of any adjust- period, to the extent that such rate would be previous years. ment taking effect under section 5303 of title (or would have been) inconsistent with the Sec. 4. Lump-sum payment for certain per- 5 with respect to statutory pay systems (as limitation that applies (or that applied) with formance-based compensation. defined by section 5302(1) of title 5) in such respect to such pay period under section Sec. 5. Inspector General. year.’’. 732(c)(2) of title 31, United States Code; or

VerDate Aug 31 2005 03:38 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.119 S01AUPT1 erowe on PRODPC61 with SENATE August 1, 2008 CONGRESSIONAL RECORD — SENATE S8069 (2) the payment of any rate or amount qualified individual a lump-sum payment ‘‘(2) provide leadership and coordination based on the pay increase for 2006 or 2007 (as equal to the amount of performance-based and recommend policies, to promote econ- the case may be), if— compensation such individual was denied for omy, efficiency, and effectiveness in the (A) the performance of the officer or em- 2006, as determined under subsection (b). Government Accountability Office; and ployee involved was not at a satisfactory (b) AMOUNT.—The amount payable to a ‘‘(3) keep the Comptroller General and Con- level, as determined by the Comptroller Gen- qualified individual under this section shall gress fully and currently informed con- eral under paragraph (3) of section 732(c) of be equal to— cerning fraud and other serious problems, such title 31 for purposes of the adjustment (1) the total amount of performance-based abuses, and deficiencies relating to the ad- under such paragraph for that year; or compensation such individual would have ministration of programs and operations of (B) the individual involved was not an offi- earned for 2006 (determined by applying the the Government Accountability Office. cer or employee of the Government Account- Government Accountability Office’s per- ‘‘(b) APPOINTMENT, SUPERVISION, AND RE- ability Office on the date as of which that in- formance-based compensation system under MOVAL.— crease took effect. GAO Orders 2540.3 and 2540.4, as in effect in ‘‘(1) The Office of the Inspector General As used in paragraph (2)(A), the term ‘‘satis- 2006) if such individual had not had a salary shall be headed by an Inspector General, who factory’’ includes a rating of ‘‘meets expecta- equal to or greater than the maximum for shall be appointed by the Comptroller Gen- tions’’ (within the meaning of the perform- such individual’s band (as further described eral without regard to political affiliation ance appraisal system used for purposes of in subsection (c)(2)), less and solely on the basis of integrity and dem- the adjustment under section 732(c)(3) of (2) the total amount of performance-based onstrated ability in accounting, auditing, fi- such title 31 for the year involved). compensation such individual was in fact nancial analysis, law, management analysis, (f) RETIREMENT.— granted, in January 2006, for that year. public administration, or investigations. The (1) IN GENERAL.—The portion of the lump- (c) QUALIFIED INDIVIDUAL.—For purposes of Inspector General shall report to, and be sum payment paid under subsection (d) to an this section, the term ‘‘qualified individual’’ under the general supervision of, the Comp- officer or employee as calculated under sub- means an individual who— troller General. section (d)(1) shall, for purposes of any deter- (1) as of the date of the enactment of this ‘‘(2) The Inspector General may be removed mination of the average pay (as defined by Act, is an officer or employee of the Govern- from office by the Comptroller General. The section 8331 or 8401 of title 5, United States ment Accountability Office, excluding— Comptroller General shall, promptly upon Code) which is used to compute an annuity (A) an individual holding a position subject such removal, communicate in writing the under subchapter III of chapter 83 or chapter to section 732a or 733 of title 31, United reasons for any such removal to each House 84 of such title— States Code (disregarding section 732a(b) and of Congress. (A) be treated as basic pay (as defined by 733(c) of such title); ‘‘(3) The Inspector General shall be paid at section 8331 or 8401 of such title); and (B) a Federal Wage System employee; and an annual rate of pay equal to $5,000 less (B) be allocated to the biweekly pay peri- (C) an individual participating in a devel- than the annual rate of pay of the Comp- ods covered by subsection (d). opment program under which such individual troller General, and may not receive any (2) CONTRIBUTIONS TO CIVIL SERVICE RETIRE- receives performance appraisals, and is eligi- cash award or bonus, including any award MENT AND DISABILITY RETIREMENT FUND.— ble to receive permanent merit pay in- under chapter 45 of title 5. (A) EMPLOYEE CONTRIBUTIONS.—The Gov- creases, more than once a year; and ‘‘(c) AUTHORITY OF INSPECTOR GENERAL.—In ernment Accountability Office shall deduct (2) as of January 22, 2006, was a Band I staff addition to the authority otherwise provided and withhold from the lump-sum payment member with a salary above the Band I cap, by this section, the Inspector General, in paid to each employee under subsection (d) a Band IIA staff member with a salary above carrying out the provisions of this section, an amount equal to the difference between— the Band IIA cap, or an administrative pro- may— (i) employee contributions that would have fessional or support staff member with a sal- ‘‘(1) have access to all records, reports, au- been deducted and withheld from pay under ary above the cap for that individual’s pay dits, reviews, documents, papers, rec- section 8334 or 8422 of title 5, United States band (determined in accordance with the or- ommendations, or other material that relate Code, if the portion of the lump-sum pay- ders cited in subsection (b)(1)). to programs and operations of the Govern- ment as calculated under subsection (d)(1) (d) EXCLUSIVE REMEDY.—This section con- ment Accountability Office; had been additionally paid as basic pay dur- stitutes the exclusive remedy that any offi- ‘‘(2) make such investigations and reports ing the period described under subsection cers and employees (as described in sub- relating to the administration of the pro- (d)(1) of this section; and section (c)) have for any claim that they are grams and operations of the Government Ac- (ii) employee contributions that were actu- owed any monies denied to them in the form countability Office as are, in the judgment of ally deducted and withheld from pay under of merit pay for 2006 under section 731(b) of the Inspector General, necessary or desir- section 8334 or 8422 of title 5, United States title 31, United States Code, or any other able; Code, during that period. law. Notwithstanding any other provision of ‘‘(3) request such documents and informa- tion as may be necessary for carrying out (B) AGENCY CONTRIBUTIONS AND PAYMENT TO law, no court or administrative body in the United States, including the Government Ac- the duties and responsibilities provided by THE FUND.—Not later than 9 months after the Government Accountability Office makes countability Office Personnel Appeals Board, this section from any Federal agency; the lump-sum payments under subsection shall have jurisdiction to entertain any civil ‘‘(4) in the performance of the functions as- action or other civil proceeding based on the (d), the Government Accountability Office signed by this section, obtain all informa- claim of such officers or employees that they shall pay into the Civil Service Retirement tion, documents, reports, answers, records, were due money in the form of merit pay for and Disability Fund— accounts, papers, and other data and docu- 2006 pursuant to such section 731(b) or any (i) the amount of each deduction and with- mentary evidence from a person not in the other law. holding under subparagraph (A); and United States Government or from a Federal (e) DEFINITIONS.—For purposes of this sec- agency, to the same extent and in the same (ii) an amount for applicable agency con- tion— tributions under section 8334 or 8423 of title manner as the Comptroller General under (1) the term ‘‘performance-based com- the authority and procedures available to 5, United states Code, based on payments pensation’’ has the meaning given such term made under clause (i). the Comptroller General in section 716 of under the Government Accountability Of- this title; (g) EXCLUSIVE REMEDY.—This section con- fice’s performance-based compensation sys- stitutes the exclusive remedy that any indi- ‘‘(5) administer to or take from any person tem under GAO Orders 2540.3 and 2540.4, as in viduals to whom this section applies (as de- an oath, affirmation, or affidavit, whenever effect in 2006; and scribed in subsection (a)) have for any claim necessary in the performance of the func- (2) the term ‘‘permanent merit pay in- that they are owed any monies denied to tions assigned by this section, which oath, crease’’ means an increase under section them in the form of a pay increase for 2006 or affirmation, or affidavit when administered 731(b) of title 31, United States Code, in a 2007 under section 732(c)(3) of title 31, United or taken by or before an employee of the Of- rate of basic pay. States Code, or any other law. Notwith- fice of Inspector General designated by the standing any other provision of law, no court SEC. 5. INSPECTOR GENERAL. Inspector General shall have the same force or administrative body, including the Gov- (a) IN GENERAL.—Subchapter I of chapter 7 and effect as if administered or taken by or ernment Accountability Office Personnel Ap- is amended by adding at the end the fol- before an officer having a seal; peals Board, shall have jurisdiction to enter- lowing: ‘‘(6) have direct and prompt access to the tain any civil action or other civil pro- ‘‘§ 705. Inspector General for the Government Comptroller General when necessary for any ceeding based on the claim of such individ- Accountability Office purpose pertaining to the performance of uals that they were due money in the form of ‘‘(a) ESTABLISHMENT OF OFFICE.—There is functions and responsibilities under this sec- a pay increase for 2006 or 2007 pursuant to established an Office of the Inspector Gen- tion; such section 732(c)(3) or any other law. eral in the Government Accountability Of- ‘‘(7) report expeditiously to the Attorney SEC. 4. LUMP-SUM PAYMENT FOR CERTAIN PER- fice, to— General whenever the Inspector General has FORMANCE-BASED COMPENSATION. ‘‘(1) conduct and supervise audits con- reasonable grounds to believe there has been (a) IN GENERAL.—Not later than 6 months sistent with generally accepted government a violation of Federal criminal law; and after the date of the enactment of this Act, auditing standards and investigations relat- ‘‘(8) provide copies of all reports to the the Comptroller General shall, subject to the ing to the Government Accountability Of- Audit Advisory Committee of the Govern- availability of appropriations, pay to each fice; ment Accountability Office and provide such

VerDate Aug 31 2005 03:38 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.121 S01AUPT1 erowe on PRODPC61 with SENATE S8070 CONGRESSIONAL RECORD — SENATE August 1, 2008

additional information in connection with ‘‘(2) EXPERTS AND CONSULTANTS.—The In- such purposes and in such amounts as are such reports as is requested by the Com- spector General may procure temporary and specified in annual appropriations Acts.’’. mittee. intermittent services under section 3109 of (b) CONFORMING AMENDMENT.—Section 1401 ‘‘(d) COMPLAINTS BY EMPLOYEES.— title 5 at rates not to exceed the daily equiv- of title I of Public Law 108–83 (31 U.S.C. 3523 ‘‘(1) The Inspector General— alent of the annual rate of basic pay for level note) is repealed, effective October 1, 2010. ‘‘(A) subject to subparagraph (B), may re- IV of the Executive Schedule under section SEC. 7. FINANCIAL DISCLOSURE REQUIREMENTS. ceive, review, and investigate, as the Inspec- 5315 of such title. Section 109(13)(B) of the Ethics in Govern- tor General considers appropriate, com- ‘‘(3) INDEPENDENCE IN APPOINTING STAFF.— ment Act of 1978 (5 U.S.C. App.) is amended— plaints or information from an employee of No individual may carry out any of the du- (1) in clause (i), by inserting ‘‘(except any the Government Accountability Office con- ties or responsibilities of the Office of the In- officer or employee of the Government Ac- cerning the possible existence of an activity spector General unless the individual is ap- countability Office)’’ after ‘‘legislative constituting a violation of any law, rule, or pointed by the Inspector General, or provides branch’’, and by striking ‘‘and’’ at the end; regulation, mismanagement, or a gross services obtained by the Inspector General, (2) by redesignating clause (ii) as clause waste of funds; and pursuant to this paragraph. (iii); and ‘‘(B) shall refer complaints or information ‘‘(4) LIMITATION ON PROGRAM RESPONSIBIL- (3) by inserting after clause (i) the fol- concerning violations of personnel law, rules, ITIES.—The Inspector General and any indi- lowing: or regulations to established investigative vidual carrying out any of the duties or re- ‘‘(ii) each officer or employee of the Gov- and adjudicative entities of the Government sponsibilities of the Office of the Inspector ernment Accountability Office who, for at Accountability Office. General are prohibited from performing any least 60 consecutive days, occupies a position ‘‘(2) The Inspector General shall not, after program responsibilities. for which the rate of basic pay, minus the receipt of a complaint or information from ‘‘(h) OFFICE SPACE.—The Comptroller Gen- amount of locality pay that would have been an employee, disclose the identity of the em- eral shall provide the Office of the Inspector authorized under section 5304 of title 5, ployee without the consent of the employee, General— United States Code (had the officer or em- unless the Inspector General determines ‘‘(1) appropriate and adequate office space; ployee been paid under the General Sched- such disclosure is unavoidable during the ‘‘(2) such equipment, office supplies, and ule) for the locality within which the posi- course of the investigation. communications facilities and services as tion of such officer or employee is located ‘‘(3) Any employee who has authority to may be necessary for the operation of the Of- (as determined by the Comptroller General), take, direct others to take, recommend, or fice of the Inspector General; is equal to or greater than 120 percent of the approve any personnel action, shall not, with ‘‘(3) necessary maintenance services for minimum rate of basic pay payable for GS– respect to such authority, take or threaten such office space, equipment, office supplies, 15 of the General Schedule; and’’. to take any action against any employee as and communications facilities; and SEC. 8. HIGHEST BASIC PAY RATE. a reprisal for making a complaint or dis- ‘‘(4) equipment and facilities located in Section 732(c)(2) is amended by striking closing information to the Inspector Gen- such office space. ‘‘highest basic rate for GS–15;’’ and inserting eral, unless the complaint was made or the ‘‘(i) DEFINITION.—As used in this section, ‘‘rate for level III of the Executive Level, ex- information disclosed with the knowledge the term ‘Federal agency’ means a depart- cept that the total amount of cash com- that it was false or with willful disregard for ment, agency, instrumentality, or unit pensation in any year shall be subject to the its truth or falsity. thereof, of the Federal Government.’’. limitations provided under section 5307(a)(1) ‘‘(e) SEMIANNUAL REPORTS.—(1) The Inspec- (b) INCUMBENT.—The individual who serves of title 5;’’. tor General shall submit semiannual reports in the position of Inspector General of the SEC. 9. ADDITIONAL AUTHORITIES. summarizing the activities of the Office of Government Accountability Office on the (a) IN GENERAL.—Section 731 is amended— the Inspector General to the Comptroller date of the enactment of this Act shall con- (1) by repealing subsection (d); General. Such reports shall include, but need tinue to serve in such position subject to re- (2) in subsection (e)— not be limited to— moval in accordance with the amendments (A) in the matter before paragraph (1), by ‘‘(A) a summary of each significant report made by this section. striking ‘‘maximum daily rate for GS–18 made during the reporting period, including (c) CLERICAL AMENDMENT.—The table of under section 5332 of such title’’ and insert- a description of significant problems, abuses, sections for chapter 7 is amended by insert- ing ‘‘daily rate for level IV of the Executive and deficiencies disclosed by such report; ing after the item relating to section 704 the Schedule’’; and ‘‘(B) a description of the recommendations following: (B) by striking ‘‘more than—’’ and all that for corrective action made with respect to ‘‘705. Inspector General for the Government follows and inserting the following: ‘‘more significant problems, abuses, or deficiencies Accountability Office.’’. than 20 experts and consultants may be pro- described pursuant to subparagraph (A); SEC. 6. REIMBURSEMENT OF AUDIT COSTS. cured for terms of not more than 3 years, but ‘‘(C) a summary of the progress made in which shall be renewable.’’; and implementing such corrective action de- (a) IN GENERAL.—Section 3521 is amended by adding at the end the following: (3) by adding at the end the following: scribed pursuant to subparagraph (B); and ‘‘(j) Funds appropriated to the Government ‘‘(i)(1) If the Government Accountability ‘‘(D) information concerning any disagree- Accountability Office for salaries and ex- Office audits any financial statement or re- ment the Comptroller General has with a penses are available for meals and other re- lated schedule which is prepared under sec- recommendation of the Inspector General. lated reasonable expenses incurred in con- tion 3515 by an executive agency (or compo- ‘‘(2) The Comptroller General shall trans- nection with recruitment.’’. nent thereof) for a fiscal year beginning on mit the semiannual reports of the Inspector (b) CONFORMING AMENDMENTS.—(1) Section General, together with any comments the or after October 1, 2009, such executive agen- 732a(b) is amended by striking ‘‘section Comptroller General considers appropriate, cy (or component) shall reimburse the Gov- 731(d), (e)(1), or (e)(2)’’ and inserting ‘‘para- to Congress within 30 days after receipt of ernment Accountability Office for the cost of graph (1) or (2) of section 731(e)’’. such reports. such audit, if the Government Account- (2) Section 733(c) is amended by striking ‘‘(f) INDEPENDENCE IN CARRYING OUT DUTIES ability Office audited the statement or ‘‘(d),’’. AND RESPONSIBILITIES.—The Comptroller schedule of such executive agency (or compo- (3) Section 735(a) is amended by striking General may not prevent or prohibit the In- nent) for fiscal year 2007. ‘‘731(c)–(e),’’ and inserting ‘‘731(c) and (e),’’. ‘‘(2) Any executive agency (or component spector General from carrying out any of the f duties or responsibilities of the Inspector thereof) that prepares a financial statement General under this section. under section 3515 for a fiscal year beginning GOVERNMENT ACCOUNTABILITY ‘‘(g) AUTHORITY FOR STAFF.— on or after October 1, 2009, and that requests, OFFICE ACT OF 2008 ‘‘(1) IN GENERAL.—The Inspector General with the concurrence of the Inspector Gen- Mr. REID. Mr. President, I ask unan- shall select, appoint, and employ (including eral of such agency, the Government Ac- fixing and adjusting the rates of pay of) such countability Office to conduct the audit of imous consent that the Senate proceed personnel as may be necessary to carry out such statement or any related schedule re- to the consideration of Calendar No. this section consistent with the provisions of quired by section 3521 may reimburse the 901, H.R. 5683. this title governing selections, appoint- Government Accountability Office for the The PRESIDING OFFICER. The ments, and employment (including the fixing cost of such audit. clerk will state the bill by title. and adjusting the rates of pay) in the Gov- ‘‘(3) For the audits conducted under para- The legislative clerk read as follows: ernment Accountability Office. Such per- graphs (1) and (2), the Government Account- A bill (H.R. 5683) to make certain reforms sonnel shall be appointed, promoted, and as- ability Office shall consult prior to the initi- with respect to the Government Account- signed only on the basis of merit and fitness, ation of the audit with the relevant execu- ability Office, and for other purposes. but without regard to those provisions of tive agency (or component) and the Inspec- There being no objection, the Senate title 5 governing appointments and other tor General of such agency on the scope, proceeded to consider the bill, which personnel actions in the competitive service, terms, and cost of such audit. except that no personnel of the Office may be ‘‘(4) Any reimbursement under paragraph had been reported from the Committee paid at an annual rate greater than $1,000 (1) or (2) shall be deposited to a special ac- on Homeland Security and Govern- less than the annual rate of pay of the In- count in the Treasury and shall be available mental Affairs, with amendments, as spector General. to the Government Accountability Office for follows:

VerDate Aug 31 2005 03:38 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.121 S01AUPT1 erowe on PRODPC61 with SENATE August 1, 2008 CONGRESSIONAL RECORD — SENATE S8071 (The parts of the bill intended to be ther increase in the rate of basic pay of such for 2006 and ending on the day before the ef- stricken are shown in boldface brack- officer or employee. fective date of the pay adjustment under ets, and the parts of the bill intended ‘‘(B) The further increase under this sub- subsection (c) (or, if earlier, the date on section— to be inserted are shown in italics.) which the individual retires or otherwise ‘‘(i) shall be equal to the amount necessary ceases to be employed by the Government H.R. 5683 to make up for the shortfall described in sub- Accountability Office), if such individual had Be it enacted by the Senate and House of Rep- paragraph (A); and received both a 2.6 percent pay increase for resentatives of the United States of America in ‘‘(ii) shall take effect as of the same date 2006 and a 2.4 percent pay increase for 2007, Congress assembled, as the pay increase otherwise taking effect minus SECTION 1. SHORT TITLE; REFERENCES; TABLE in such year. (2) the total amount of basic pay that was OF CONTENTS. ‘‘(C) Nothing in this paragraph shall be in fact paid to the individual for service per- Sec. 1. Short title; references; table of con- considered to permit or require that a rate of formed during the period described in para- tents. basic pay be increased to an amount incon- graph (1). Sec. 2. Provisions relating to future annual sistent with the limitation set forth in sub- Eligibility for a lump-sum payment under pay adjustments. section (c)(2). this subsection shall be determined solely on Sec. 3. Pay adjustment relating to certain ‘‘(D) If (disregarding this subsection) the the basis of whether an individual satisfies previous years. covered officer or employee would also have the requirements of subsection (a) (to be con- Sec. 4. Lump-sum payment for certain per- received any nonpermanent merit pay in sidered an individual to whom this section formance-based compensation. such year, such nonpermanent merit pay applies), and without regard to such individ- Sec. 5. Inspector General. shall be decreased by an amount equal to the ual’s employment status as of any date fol- øSec. 6. Reimbursement of audit costs.¿ portion of such officer’s or employee’s basic lowing the date of the enactment of this Act Sec. ø7.¿6. Financial disclosure require- pay for such year which is attributable to or any other factor. ments. the further increase described in subpara- (e) CONDITIONS.—Nothing in subsection (c) Sec. ø8.¿7. Highest basic pay rate. graph (A) (as determined by the Comptroller or (d) shall be considered to permit or re- Sec. ø9.¿8. Additional authorities. General), but to not less than zero. quire— ‘‘(3) Notwithstanding any other provision (a) SHORT TITLE.—This Act may be cited as (1) the payment of any rate (or lump-sum of this chapter, the effective date of any pay the ‘‘Government Accountability Office Act amount based on a rate) for any pay period, increase (within the meaning of paragraph of 2008’’. to the extent that such rate would be (or (1)(A)) taking effect with respect to a cov- (b) REFERENCES.—Except as otherwise ex- would have been) inconsistent with the limi- ered officer or employee in any year shall be pressly provided, whenever in this Act an tation that applies (or that applied) with re- the same as the effective date of any adjust- amendment is expressed in terms of an spect to such pay period under section ment taking effect under section 5303 of title amendment to a section or other provision, 732(c)(2) of title 31, United States Code; or 5 with respect to statutory pay systems (as the reference shall be considered to be made (2) the payment of any rate or amount defined by section 5302(1) of title 5) in such to a section or other provision of title 31, based on the pay increase for 2006 or 2007 (as year.’’. United States Code. the case may be), if— (b) EFFECTIVE DATE.—The amendment ABLE OF CONTENTS.—The table of con- (A) the performance of the officer or em- (c) T made by this section shall apply with respect tents for this Act is as follows: ployee involved was not at a satisfactory to any pay increase (as defined by such level, as determined by the Comptroller Gen- SEC. 2. PROVISIONS RELATING TO FUTURE AN- amendment) taking effect on or after the NUAL PAY ADJUSTMENTS. eral under paragraph (3) of section 732(c) of date of the enactment of this Act. such title 31 for purposes of the adjustment (a) IN GENERAL.—Section 732 is amended by SEC. 3. PAY ADJUSTMENT RELATING TO CERTAIN under such paragraph for that year; or adding at the end the following: PREVIOUS YEARS. (B) the individual involved was not an offi- ‘‘(j)(1) For purposes of this subsection— (a) APPLICABILITY.—This section applies in cer or employee of the Government Account- ‘‘(A) the term ‘pay increase’, as used with the case of any individual who, as of the date ability Office on the date as of which that in- respect to an officer or employee in connec- of the enactment of this Act, is an officer or crease took effect. tion with a year, means the total increase in employee of the Government Accountability As used in paragraph (2)(A), the term ‘‘satis- the rate of basic pay (expressed as a percent- Office, excluding— age) of such officer or employee, taking ef- factory’’ includes a rating of ‘‘meets expecta- (1) an officer or employee described in sub- tions’’ (within the meaning of the perform- fect under section 731(b) and subsection (c)(3) paragraph (A), (B), or (C) of section 4(c)(1); in such year; ance appraisal system used for purposes of and the adjustment under section 732(c)(3) of ‘‘(B) the term ‘required minimum percent- (2) an officer or employee who received age’, as used with respect to an officer or em- such title 31 for the year involved). both a 2.6 percent pay increase in January (f) RETIREMENT.— ployee in connection with a year, means the 2006 and a 2.4 percent pay increase in Feb- (1) IN GENERAL.—The lump-sum payment percentage equal to the total increase in ruary 2007. paid under subsection (d) to an officer or em- rates of basic pay (expressed as a percentage) (b) PAY INCREASE DEFINED.—For purposes ployee shall, for purposes of any determina- taking effect under sections 5303 and 5304– of this section, the term ‘‘pay increase’’, as tion of the average pay (as defined by section 5304a of title 5 in such year with respect to used with respect to an officer or employee 8331 or 8401 of title 5, United States Code) General Schedule positions within the pay in connection with a year, means the total which is used to compute an annuity under locality (as defined by section 5302(5) of title increase in the rate of basic pay (expressed subchapter III of chapter 83 or chapter 84 of 5) in which the position of such officer or em- as a percentage) of such officer or employee, such title— ployee is located; taking effect under sections 731(b) and (A) be treated as basic pay (as defined by ‘‘(C) the term ‘covered officer or em- 732(c)(3) of title 31, United States Code, in section 8331 or 8401 of such title); and ployee’, as used with respect to a pay in- such year. (B) be allocated to the biweekly pay peri- crease, means any individual— (c) PROSPECTIVE EFFECT.—Effective with ods covered by subsection (d). ‘‘(i) who is an officer or employee of the respect to pay for service performed in any ø(2) CONTRIBUTIONS.—Notwithstanding sec- Government Accountability Office, other pay period beginning after the end of the 6- tion 8334, 8422, 8423, or any other provision of than an officer or employee described in sub- month period beginning on the date of the title 5, United States Code, no employee or paragraph (A), (B), or (C) of section 4(c)(1) of enactment of this Act (or such earlier date agency contribution shall be required for the Government Accountability Office Act of as the Comptroller General may specify), the purposes of this subsection.¿ 2008, determined as of the effective date of rate of basic pay for each individual to whom (2) CONTRIBUTIONS TO CIVIL SERVICE RETIRE- such pay increase; and this section applies shall be determined as if MENT AND DISABILITY RETIREMENT FUND.— ‘‘(ii) whose performance is at least at a sat- such individual had received both a 2.6 per- (A) EMPLOYEE CONTRIBUTIONS.—The Govern- isfactory level, as determined by the Comp- cent pay increase for 2006 and a 2.4 percent ment Accountability Office shall deduct and troller General under the provisions of sub- pay increase for 2007, subject to subsection withhold from the lump-sum payment paid to section (c)(3) for purposes of the adjustment (e). each employee under subsection (d)— taking effect under such provisions in such (d) LUMP-SUM PAYMENT.—Not later than 6 (i) an amount equal to the difference be- year; and months after the date of the enactment of tween— ‘‘(D) the term ‘nonpermanent merit pay’ this Act, the Comptroller General shall, sub- (I) employee contributions that would have means any amount payable under section ject to the availability of appropriations, been deducted and withheld from pay under sec- 731(b) which does not constitute basic pay. pay to each individual to whom this section tion 8334 or 8422 of title 5, United States Code, ‘‘(2)(A) Notwithstanding any other provi- applies a lump-sum payment. øSubject to if such lump-sum payment had been addition- sion of this chapter, if (disregarding this sub- subsection (e),¿Subject to subsections (e) and ally paid as basic pay during the period de- section) the pay increase that would other- (f)(2), such lump-sum payment shall be equal scribed under subsection (d)(1) of this section; wise take effect with respect to a covered of- to— and ficer or employee in a year would be less (1) the total amount of basic pay that (II) employee contributions that were actually than the required minimum percentage for would have been paid to the individual, for deducted and withheld from pay under section such officer or employee in such year, the service performed during the period begin- 8334 or 8422 of title 5, United States Code, dur- Comptroller General shall provide for a fur- ning on the effective date of the pay increase ing that period; and

VerDate Aug 31 2005 05:33 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00089 Fmt 4624 Sfmt 6333 E:\CR\FM\G01AU6.066 S01AUPT1 erowe on PRODPC61 with SENATE S8072 CONGRESSIONAL RECORD — SENATE August 1, 2008 (ii) interest as prescribed under section 8334(e) band (determined in accordance with the or- ommendations, or other material that relate of title 5, United States Code, based on the ders cited in subsection (b)(1)). to programs and operations of the Govern- amount determined under clause(i). (d) EXCLUSIVE REMEDY.—This section con- ment Accountability Office; (B) AGENCY CONTRIBUTIONS AND PAYMENT TO stitutes the exclusive remedy that any offi- ‘‘(2) make such investigations and reports THE FUND.— cers and employees (as described in sub- relating to the administration of the pro- (i) IN GENERAL.—Not later than 9 months after section (c)) have for any claim that they are grams and operations of the Government Ac- the Government Accountability Office makes the owed any monies denied to them in the form countability Office as are, in the judgment of lump-sum payments under subsection (d), the of merit pay for 2006 under section 731(b) of the Inspector General, necessary or desir- Government Accountability Office shall pay into title 31, United States Code, or any other able; the Civil Service Retirement and Disability law. Notwithstanding any other provision of ‘‘(3) request such documents and informa- Fund— law, no court or administrative body in the tion as may be necessary for carrying out (I) the amount of each deduction and with- United States, including the Government Ac- the duties and responsibilities provided by holding under subparagraph (A); and countability Office Personnel Appeals Board, this section from any Federal agency; (II) an amount for applicable agency con- shall have jurisdiction to entertain any civil ‘‘(4) in the performance of the functions as- tributions under section 8334 or 8423 of title 5, action or other civil proceeding based on the signed by this section, obtain all informa- claim of such officers or employees that they United states Code, based on payments made tion, documents, reports, answers, records, were due money in the form of merit pay for under subclause (I). accounts, papers, and other data and docu- 2006 pursuant to such section 731(b) or any (ii) SOURCE.—Amounts paid under clause mentary evidence from a person not in the other law. (i)(II) shall be contributed from the appropria- United States Government or from a Federal (e) DEFINITIONS.—For purposes of this sec- tion or fund used to pay the employee. agency, to the same extent and in the same (C) REGULATIONS.—The Office of Personnel tion— manner as the Comptroller General under Management may prescribe regulations to carry (1) the term ‘‘performance-based com- the authority and procedures available to out this paragraph. pensation’’ has the meaning given such term the Comptroller General in section 716 of (g) EXCLUSIVE REMEDY.—This section con- under the Government Accountability Of- stitutes the exclusive remedy that any indi- fice’s performance-based compensation sys- this title; viduals to whom this section applies (as de- tem under GAO Orders 2540.3 and 2540.4, as in ‘‘(5) administer to or take from any person scribed in subsection (a)) have for any claim effect in 2006; and an oath, affirmation, or affidavit, whenever that they are owed any monies denied to (2) the term ‘‘permanent merit pay in- necessary in the performance of the func- them in the form of a pay increase for 2006 or crease’’ means an increase under section tions assigned by this section, which oath, 2007 under section 732(c)(3) of title 31, United 731(b) of title 31, United States Code, in a affirmation, or affidavit when administered States Code, or any other law. Notwith- rate of basic pay. or taken by or before an employee of the Of- fice of Inspector General designated by the standing any other provision of law, no court SEC. 5. INSPECTOR GENERAL. Inspector General shall have the same force or administrative body, including the Gov- (a) IN GENERAL.—Subchapter I of chapter 7 ernment Accountability Office Personnel Ap- is amended by adding at the end the fol- and effect as if administered or taken by or peals Board, shall have jurisdiction to enter- lowing: before an officer having a seal; ‘‘(6) have direct and prompt access to the tain any civil action or other civil pro- ‘‘§ 705. Inspector General for the Government Comptroller General when necessary for any ceeding based on the claim of such individ- Accountability Office uals that they were due money in the form of purpose pertaining to the performance of ‘‘(a) ESTABLISHMENT OF OFFICE.—There is functions and responsibilities under this sec- a pay increase for 2006 or 2007 pursuant to established an Office of the Inspector Gen- such section 732(c)(3) or any other law. tion; eral in the Government Accountability Of- ‘‘(7) report expeditiously to the Attorney SEC. 4. LUMP-SUM PAYMENT FOR CERTAIN PER- fice, to— FORMANCE-BASED COMPENSATION. General whenever the Inspector General has ‘‘(1) conduct and supervise audits con- reasonable grounds to believe there has been (a) IN GENERAL.—Not later than 6 months sistent with generally accepted government a violation of Federal criminal law; and after the date of the enactment of this Act, auditing standards and investigations relat- the Comptroller General shall, subject to the ‘‘(8) provide copies of all reports to the ing to the Government Accountability Of- Audit Advisory Committee of the Govern- availability of appropriations, pay to each fice; qualified individual a lump-sum payment ment Accountability Office and provide such ‘‘(2) provide leadership and coordination additional information in connection with equal to the amount of performance-based and recommend policies, to promote econ- compensation such individual was denied for such reports as is requested by the Com- omy, efficiency, and effectiveness in the mittee. 2006, as determined under subsection (b). Government Accountability Office; and ‘‘(d) COMPLAINTS BY EMPLOYEES.— (b) AMOUNT.—The amount payable to a ‘‘(3) keep the Comptroller General and Con- ‘‘(1) The Inspector General— qualified individual under this section shall gress fully and currently informed con- ‘‘(A) subject to subparagraph (B), may re- be equal to— cerning fraud and other serious problems, ceive, review, and investigate, as the Inspec- (1) the total amount of performance-based abuses, and deficiencies relating to the ad- tor General considers appropriate, com- compensation such individual would have ministration of programs and operations of plaints or information from an employee of earned for 2006 (determined by applying the the Government Accountability Office. Government Accountability Office’s per- ‘‘(b) APPOINTMENT, SUPERVISION, AND RE- the Government Accountability Office con- formance-based compensation system under MOVAL.— cerning the possible existence of an activity GAO Orders 2540.3 and 2540.4, as in effect in ‘‘(1) The Office of the Inspector General constituting a violation of any law, rule, or 2006) if such individual had not had a salary shall be headed by an Inspector General, who regulation, mismanagement, or a gross equal to or greater than the maximum for shall be appointed by the Comptroller Gen- waste of funds; and such individual’s band (as further described eral without regard to political affiliation ‘‘(B) shall refer complaints or information in subsection (c)(2)), less and solely on the basis of integrity and dem- concerning violations of personnel law, rules, (2) the total amount of performance-based onstrated ability in accounting, auditing, fi- or regulations to established investigative compensation such individual was in fact nancial analysis, law, management analysis, and adjudicative entities of the Government granted, in January 2006, for that year. public administration, or investigations. The Accountability Office. (c) QUALIFIED INDIVIDUAL.—For purposes of Inspector General shall report to, and be ‘‘(2) The Inspector General shall not, after this section, the term ‘‘qualified individual’’ under the general supervision of, the Comp- receipt of a complaint or information from means an individual who— troller General. an employee, disclose the identity of the em- (1) as of the date of the enactment of this ‘‘(2) The Inspector General may be removed ployee without the consent of the employee, Act, is an officer or employee of the Govern- from office by the Comptroller General. The unless the Inspector General determines ment Accountability Office, excluding— Comptroller General shall, promptly upon such disclosure is unavoidable during the (A) an individual holding a position subject such removal, communicate in writing the course of the investigation. to section 732a or 733 of title 31, United reasons for any such removal to each House ‘‘(3) Any employee who has authority to States Code (disregarding section 732a(b) and of Congress. take, direct others to take, recommend, or 733(c) of such title); ‘‘(3) The Inspector General shall be paid at approve any personnel action, shall not, with (B) a Federal Wage System employee; and an annual rate of pay equal to $5,000 less respect to such authority, take or threaten (C) an individual participating in a devel- than the annual rate of pay of the Comp- to take any action against any employee as opment program under which such individual troller General, and may not receive any a reprisal for making a complaint or dis- receives performance appraisals, and is eligi- cash award or bonus, including any award closing information to the Inspector Gen- ble to receive permanent merit pay in- under chapter 45 of title 5. eral, unless the complaint was made or the creases, more than once a year; and ‘‘(c) AUTHORITY OF INSPECTOR GENERAL.—In information disclosed with the knowledge (2) as of January 22, 2006, was a Band I staff addition to the authority otherwise provided that it was false or with willful disregard for member with a salary above the Band I cap, by this section, the Inspector General, in its truth or falsity. a Band IIA staff member with a salary above carrying out the provisions of this section, ‘‘(e) SEMIANNUAL REPORTS.—(1) The Inspec- the Band IIA cap, or an administrative pro- may— tor General shall submit semiannual reports fessional or support staff member with a sal- ‘‘(1) have access to all records, reports, au- summarizing the activities of the Office of ary above the cap for that individual’s pay dits, reviews, documents, papers, rec- the Inspector General to the Comptroller

VerDate Aug 31 2005 03:38 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.059 S01AUPT1 erowe on PRODPC61 with SENATE August 1, 2008 CONGRESSIONAL RECORD — SENATE S8073

General. Such reports shall include, but need (c) CLERICAL AMENDMENT.—The table of under section 5332 of such title’’ and insert- not be limited to— sections for chapter 7 is amended by insert- ing ‘‘daily rate for level IV of the Executive ‘‘(A) a summary of each significant report ing after the item relating to section 704 the Schedule’’; and made during the reporting period, including following: (B) by striking ‘‘more than—’’ and all that a description of significant problems, abuses, ‘‘705. Inspector General for the Government follows and inserting the following: ‘‘more and deficiencies disclosed by such report; Accountability Office.’’. than 20 experts and consultants may be pro- ‘‘(B) a description of the recommendations øSEC. 6. REIMBURSEMENT OF AUDIT COSTS. cured for terms of not more than 3 years, but for corrective action made with respect to ø(a) IN GENERAL.—Section 3521 is amended which shall be renewable.’’; and significant problems, abuses, or deficiencies by adding at the end the following: (3) by adding at the end the following: described pursuant to subparagraph (A); ø‘‘(i)(1) If the Government Accountability ‘‘(j) Funds appropriated to the Government ‘‘(C) a summary of the progress made in Office audits any financial statement or re- Accountability Office for salaries and ex- implementing such corrective action de- lated schedule which is prepared under sec- penses are available for meals and other re- scribed pursuant to subparagraph (B); and tion 3515 by an executive agency (or compo- lated reasonable expenses incurred in con- ‘‘(D) information concerning any disagree- nent thereof) for a fiscal year beginning on nection with recruitment.’’. ment the Comptroller General has with a or after October 1, 2009, such executive agen- (b) CONFORMING AMENDMENTS.—(1) Section recommendation of the Inspector General. cy (or component) shall reimburse the Gov- 732a(b) is amended by striking ‘‘section ‘‘(2) The Comptroller General shall trans- ernment Accountability Office for the cost of 731(d), (e)(1), or (e)(2)’’ and inserting ‘‘para- mit the semiannual reports of the Inspector such audit if— graph (1) or (2) of section 731(e)’’. General, together with any comments the ø‘‘(A) the statement or schedule audited is (2) Section 733(c) is amended by striking Comptroller General considers appropriate, that of an executive agency (or component) ‘‘(d),’’. (3) Section 735(a) is amended by striking to Congress within 30 days after receipt of which submitted a financial statement or re- ‘‘731(c)–(e),’’ and inserting ‘‘731(c) and (e),’’. such reports. lated schedule under section 3515 for fiscal ‘‘(f) INDEPENDENCE IN CARRYING OUT DUTIES year 2007 which was audited by the Govern- Mr. REID. Mr. President, I ask unan- AND RESPONSIBILITIES.—The Comptroller ment Accountability Office; or imous consent that the committee General may not prevent or prohibit the In- ø‘‘(B) the reason for the audit (described in spector General from carrying out any of the amendments be withdrawn; the the matter before subparagraph (A)) is be- duties or responsibilities of the Inspector Lieberman substitute, which is at the cause of the Comptroller General’s deter- General under this section. desk, be agreed to; the bill, as amend- mination of materiality to the statements ‘‘(g) AUTHORITY FOR STAFF.— ed, be read the third time, and passed; required under section 331(e). ‘‘(1) IN GENERAL.—The Inspector General ø the motion to reconsider be laid upon shall select, appoint, and employ such per- ‘‘(2) Any executive agency (or component thereof) that prepares a financial statement the table, with no intervening action sonnel as may be necessary to carry out this or debate; and that any statements re- section consistent with the provisions of this under section 3515 for a fiscal year beginning title governing selections, appointments, on or after October 1, 2009, and that requests lated to this bill be printed in the and employment in the Government Ac- the Government Accountability Office to RECORD. countability Office. Such personnel shall be audit such statement or any related schedule The PRESIDING OFFICER. Without appointed, promoted, and assigned only on may reimburse the Government Account- objection, it is so ordered. the basis of merit and fitness, but without ability Office for the cost of such audit. The Committee amendments were ø‘‘(3) Any reimbursement under paragraph regard to those provisions of title 5 gov- withdrawn. (1) or (2) shall be deposited to a special ac- erning appointments and other personnel ac- count in the Treasury and shall be available The amendment (No. 5264) was agreed tions in the competitive service, except that to the Government Accountability Office for to. no personnel of the Office may be paid at an such purposes and in such amounts as are (The amendment is printed in today’s annual rate greater than $1,000 less than the specified in annual appropriations Acts.’’. RECORD under ‘‘Text of Amendments.’’) annual rate of pay of the Inspector General. ø(b) CONFORMING AMENDMENT.—Section The amendment was ordered to be XPERTS AND CONSULTANTS.—The In- ‘‘(2) E 1401 of title I of Public Law 108–83 (31 U.S.C. spector General may procure temporary and engrossed and the bill to be read the 3523 note) is repealed, effective October 1, intermittent services under section 3109 of third time. 2010.¿ title 5 at rates not to exceed the daily equiv- The bill (H.R. 5683), as amended, was ø ¿6. alent of the annual rate of basic pay for level SEC. 7. FINANCIAL DISCLOSURE REQUIRE- read the third time, and passed. MENTS. V of the Executive Schedule under section Section 109(13)(B) of the Ethics in Govern- f 5315 of such title. ment Act of 1978 (5 U.S.C. App.) is amended— NDEPENDENCE IN APPOINTING STAFF.— EXECUTIVE SESSION ‘‘(3) I (1) in clause (i), by inserting ‘‘(except any No individual may carry out any of the du- officer or employee of the Government Ac- ties or responsibilities of the Office of the In- countability Office)’’ after ‘‘legislative spector General unless the individual is ap- EXECUTIVE CALENDAR AND branch’’, and by striking ‘‘and’’ at the end; pointed by the Inspector General, or provides NOMINATIONS DISCHARGED (2) by redesignating clause (ii) as clause services obtained by the Inspector General, (iii); and Mr. REID. Mr. President, I ask unan- pursuant to this paragraph. (3) by inserting after clause (i) the fol- imous consent that the Senate proceed ‘‘(4) LIMITATION ON PROGRAM RESPONSIBIL- lowing: to executive session to consider the fol- ITIES.—The Inspector General and any indi- ‘‘(ii) each officer or employee of the Gov- vidual carrying out any of the duties or re- lowing nominations: Calendar Nos. 525, ernment Accountability Office who, for at sponsibilities of the Office of the Inspector 645, 691, 717, 718, 719, 720, 721, 722, 723, least 60 consecutive days, occupies a position General are prohibited from performing any 724, 725, 726, 727, 728, 729, 730, 731, 732, for which the rate of basic pay, minus the program responsibilities. amount of locality pay that would have been 733, 734, 737, 738, 741, 743, 744, 745, 746, ‘‘(h) OFFICE SPACE.—The Comptroller Gen- authorized under section 5304 of title 5, 747, 748, 749, 750, 751, 752, 753, 754, 755, eral shall provide the Office of the Inspector United States Code (had the officer or em- and all nominations on the Secretary’s General— ployee been paid under the General Sched- ‘‘(1) appropriate and adequate office space; desk relating to the Air Force, Army, ule) for the locality within which the posi- ‘‘(2) such equipment, office supplies, and and Navy; that the HELP Committee tion of such officer or employee is located communications facilities and services as be discharged of the following nomina- (as determined by the Comptroller General), may be necessary for the operation of the Of- tions: PN1816, the nomination of Holly is equal to or greater than 120 percent of the fice of the Inspector General; A. Kuzmich; PN1817, the nomination of minimum rate of basic pay payable for GS– ‘‘(3) necessary maintenance services for 15 of the General Schedule; and’’. Christopher Marston; and PN1454 and such office space, equipment, office supplies, SEC. ø8.¿7. HIGHEST BASIC PAY RATE. PN1548, routine U.S. Public Health and communications facilities; and Services Commissioned Corps; that the ‘‘(4) equipment and facilities located in Section 732(c)(2) is amended by striking such office space. ‘‘highest basic rate for GS–15;’’ and inserting Commerce Committee be discharged of ‘‘(i) DEFINITION.—As used in this section, ‘‘rate for level III of the Executive Level, ex- the following nominations: PN1858, the term ‘Federal agency’ means a depart- cept that the total amount of cash com- Stephen West, and PN1859, Elisa ment, agency, instrumentality, or unit pensation in any year shall be subject to the Garrity; that the Environment and thereof, of the Federal Government.’’. limitations provided under section 5307(a)(1) Public Works Committee be discharged (b) INCUMBENT.—The individual who serves of title 5;’’. of PN1872, the nomination of Thomas ø ¿ in the position of Inspector General of the SEC. 9. 8. ADDITIONAL AUTHORITIES. J. Madison; that the Senate then pro- Government Accountability Office on the (a) IN GENERAL.—Section 731 is amended— date of the enactment of this Act shall con- (1) by repealing subsection (d); ceed to the nominations, en bloc, the tinue to serve in such position subject to re- (2) in subsection (e)— nominations be confirmed, en bloc, and moval in accordance with the amendments (A) in the matter before paragraph (1), by the motions to reconsider be laid upon made by this section. striking ‘‘maximum daily rate for GS–18 the table, en bloc.

VerDate Aug 31 2005 05:33 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.059 S01AUPT1 erowe on PRODPC61 with SENATE S8074 CONGRESSIONAL RECORD — SENATE August 1, 2008 The PRESIDING OFFICER. Without INTER-AMERICAN DEVELOPMENT BANK Colonel Paul D. Brown, Jr. objection, it is so ordered. Miguel R. San Juan, of Texas, to be United Colonel Steven D. Friedricks The nominations were considered and States Executive Director of the Inter-Amer- Colonel Steven D. Gregg confirmed, as follows: ican Development Bank for a term of three Colonel John O. Griffin years. Colonel Joseph L. Lengyel DEPARTMENT OF STATE OVERSEAS PRIVATE INVESTMENT CORPORATION Colonel Bradley A. Livingston D. Kathleen Stephens, of Montana, a Ca- Colonel Michael A. Meyer Patrick J. Durkin, of Connecticut, to be a reer Member of the Senior Foreign Service, Colonel Stanley J. Osserman, Jr. Member of the Board of Directors of the Class of Minister-Counselor, to be Ambas- Colonel Stephan A. Pappas Overseas Private Investment Corporation for sador Extraordinary and Plenipotentiary of Colonel Bruce W. Prunk a term expiring December 17, 2009, vice Ned the United States of America to the Republic Colonel Charles L. Smith L. Siegel, term expired. of Korea. Colonel James R. Summers Philip Thomas Reeker, of the District of EUROPEAN BANK FOR RECONSTRUCTION AND Colonel Bruce N. Thompson Columbia, a Career Member of the Senior DEVELOPMENT Colonel Delilah R. Works Foreign Service, Class of Counselor, to be Kenneth L. Peel, of Maryland, to be United The following named officer for appoint- Ambassador Extraordinary and Pleni- States Director of the European Bank for ment in the United States Air Force to the potentiary of the United States of America Reconstruction and Development. grade indicated under title 10, U.S.C., section to the Republic of Macedonia. AFRICAN DEVELOPMENT FOUNDATION 624: DEPARTMENT OF THE TREASURY John W. Leslie, Jr., of Connecticut, to be a To be major general Eric M. Thorson, of Virginia, to be Inspec- Member of the Board of Directors of the Afri- Brig. Gen. Lawrence A. Stutzriem tor General, Department of the Treasury. can Development Foundation for a term ex- IN THE ARMY IN THE NAVY piring September 22, 2013. (Reappointment) The following Army National Guard of the The following named officer for appoint- John O. Agwunobi, of Florida, to be a United States officer for promotion in the ment to the grade indicated under title 10, Member of the Board of Directors of the Afri- Reserve of the Army to the grade indicated U.S.C., section 5148: can Development Foundation for a term ex- piring February 9, 2014. under title 10, U.S.C., sections 12203 and To be vice admiral Julius E. Coles, of Georgia, to be a Member 12211: Rear Adm. Bruce E. MacDonald of the Board of Directors of the African De- To be brigadier general DEPARTMENT OF STATE velopment Foundation for a term expiring Col. James R. Anderson Marie L. Yovanovitch, of Connecticut, a September 22, 2011. Morgan W. Davis, of California, to be a The following named officers for appoint- Career Member of the Senior Foreign Serv- ment in the Reserve of the Army to the ice, Class of Minister-Counselor, to be Am- Member of the Board of Directors of the Afri- can Development Foundation for a term ex- grades indicated under title 10, U.S.C., sec- bassador Extraordinary and Plenipotentiary tion 12203: of the United States of America to the Re- piring November 13, 2013. public of Armenia. THE JUDICIARY To be major general Tatiana C. Gfoeller-Volkoff, of the District Carol A. Dalton, of the District of Colum- Brigadier General Lie-Ping Chang of Columbia, a Career Member of the Senior bia, to be an Associate Judge of the Superior Brigadier General Paul E. Crandall Foreign Service, Class of Counselor, to be Court of the District of Columbia for the Brigadier General Jeffrey A. Jacobs Ambassador Extraordinary and Pleni- term of fifteen years. Brigadier General Dempsey D. Kee potentiary of the United States of America Anthony C. Epstein, of the District of Co- Brigadier General Eldon P. Regua to the Kyrgyz Republic. lumbia, to be an Associate Judge of the Su- Brigadier General Richard A. Stone W. Stuart Symington, of Missouri, a Ca- perior Court of the District of Columbia for Brigadier General Keith L. Thurgood reer Member of the Senior Foreign Service, the term of fifteen years. To be brigadier general Class of Counselor, to be Ambassador Ex- Heidi M. Pasichow, of the District of Co- Colonel Gill P. Beck traordinary and Plenipotentiary of the lumbia, to be an Associate Judge of the Su- Colonel Paul M. Benenati United States of America to the Republic of perior Court of the District of Columbia for Colonel Alton G. Berry Rwanda. the term of fifteen years. Colonel Leslie J. Carroll Alan W. Eastham, Jr., of Arkansas, a Ca- IN THE AIR FORCE Colonel Joe E. Chesnut, Jr. reer Member of the Senior Foreign Service, The following named officer for appoint- Colonel David G. Clarkson Class of Minister-Counselor, to be Ambas- ment in the United States Air Force to the Colonel Janet L. Cobb sador Extraordinary and Plenipotentiary of grade indicated while assigned to a position Colonel Don S. Cornett, Jr. the United States of America to the Republic of importance and responsibility under title Colonel Mark W. Corson of the Congo. 10, U.S.C., section 601: Colonel John J. Donnelly, III James Christopher Swan, of California, a Colonel James H. Doty, Jr. Career Member of the Senior Foreign Serv- To be general Colonel Roger B. Duff ice, Class of Counselor, to be Ambassador Ex- Gen. Duncan J. McNabb Colonel Gracus K. Dunn traordinary and Plenipotentiary of the The following named officer for appoint- Colonel William J. Gothard United States of America to the Republic of ment in the United States Air Force to the Colonel Mark S. Hendrix Djibouti. grade indicated while assigned to a position Colonel Patricia A. Heritsch Michele Jeanne Sison, of Maryland, a Ca- of importance and responsibility under title Colonel Leroy Winfield, Jr. reer Member of the Senior Foreign Service, 10, U.S.C., section 601: Colonel Eugene R. Woolridge, III Class of Minister-Counselor, to be Ambas- To be lieutenant general sador Extraordinary and Plenipotentiary of The following named officers for appoint- the United States of America to the Republic Lt. Gen. William L. Shelton ment to the grade indicated in the United of Lebanon. The following named officer for appoint- States Army under title 10, U.S.C., section Richard G. Olson, Jr., of New Mexico, a Ca- ment in the United States Air Force to the 624: reer Member of the Senior Foreign Service, grade indicated while assigned to a position To be brigadier general of importance and responsibility under title Class of Counselor, to be Ambassador Ex- Colonel Heidi V. Brown 10, U.S.C., section 601: traordinary and Plenipotentiary of the Colonel John A. Davis United States of America to the United Arab To be lieutenant general Colonel Edward P. Donnelly, Jr. Emirates. Maj. Gen. Larry D. James Colonel Karen E. Dyson David D. Pearce, of Virginia, a Career The following Air National Guard of the Colonel Robert S. Ferrell Member of the Senior Foreign Service, Class United States officers for appointment in the Colonel Stephen G. Fogarty of Minister-Counselor, to be Ambassador Ex- Reserve of the Air Force to the grades indi- Colonel Michael X. Garrett traordinary and Plenipotentiary of the cated under title 10, U.S.C., sections 12203 Colonel Thomas A. Harvey United States of America to the People’s and 12212: Colonel Thomas A. Horlander Democratic Republic of Algeria. To be major general Colonel Paul J. Lacamera John A. Simon, of Maryland, to be Rep- Colonel Sean B. MacFarland Brigadier General William S. Busby, III resentative of the United States of America Colonel Kevin W. Mangum Brigadier General Stanley E. Clarke, III to the African Union, with the rank and sta- Colonel Robert M. McCaleb Brigadier General John B. Ellington, Jr. tus of Ambassador Extraordinary and Pleni- Colonel Colleen L. McGuire Brigadier General Maria A. Falca-Dodson potentiary. Colonel Herbert R. McMaster, Jr. Brigadier General Tony A. Hart AFRICAN DEVELOPMENT BANK Colonel Austin S. Miller Brigadier General James E. Hearon Mimi Alemayehou, of the District of Co- Colonel John M. Murray Brigadier General Mark F. Sears lumbia, to be United States Director of the Colonel Richard P. Mustion African Development Bank for a term of five To be brigadier general Colonel Camille M. Nichols years. Colonel Theresa Z. Blumberg Colonel John R. O’Connor

VerDate Aug 31 2005 03:38 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\G01AU6.068 S01AUPT1 erowe on PRODPC61 with SENATE August 1, 2008 CONGRESSIONAL RECORD — SENATE S8075 Colonel Lawarren V. Patterson PN1889 Army nominations (2) beginning PN1895 Navy nominations (30) beginning Colonel Gustave F. Perna THOMAS G. NORBIE, and ending DAVID K. PHILLIP J. BACHAND, and ending GIL- Colonel Warren E. Phipps, Jr. RHINEHART, which nominations were re- BERT L. WILLIAMS, which nominations Colonel Gregg C. Potter ceived by the Senate and appeared in the were received by the Senate and appeared in Colonel Nancy L. S. Price Congressional Record of July 22, 2008. the Congressional Record of July 22, 2008. Colonel Edward M. Reeder, Jr. PN1890 Army nominations (17) beginning PN1928 Navy nomination of Eric D. Colonel Ross E. Ridge ANNE M. ANDREWS, and ending KIM N. Seeland, which was received by the Senate Colonel Jess A. Scarbrough THOMSEN, which nominations were received and appeared in the Congressional Record of Colonel Michael H. Shields by the Senate and appeared in the Congres- July 24, 2008. Colonel Jefforey A. Smith sional Record of July 22, 2008. PN1929 Navy nominations (3) beginning Colonel Leslie C. Smith PN1891 Army nominations (17) beginning WILLIAM L. HENDRICKSON, and ending Colonel Jeffrey J. Snow DAVID E. BENTZEL, and ending SHANNON ORLANDO GALLARDO JR., which nomina- Colonel Kurt S. Story M. WALLACE, which nominations were re- tions were received by the Senate and ap- Colonel Kenneth E. Tovo ceived by the Senate and appeared in the peared in the Congressional Record of July Colonel Stephen J. Townsend Congressional Record of July 22, 2008. 24, 2008. Colonel John Uberti PN1892 Army nominations (76) beginning DEPARTMENT OF EDUCATION Colonel Thomas S. Vandal CARLOS C. AMAYA, and ending SELINA G. Holly A. Kuzmich, of Indiana, to be Assist- Colonel Bryan G. Watson WILLIAMS, which nominations were re- ant Secretary for Legislation and Congres- Colonel John F. Wharton ceived by the Senate and appeared in the sional Affairs, Department of Education. Colonel Mark W. Yenter Congressional Record of July 22, 2008. Christopher M. Marston, of Virginia, to be PN1893 Army nominations (109) beginning IN THE MARINE CORPS Assistant Secretary for Management, De- KIMBERLEE A. AIELLO, and ending partment of Education. The following named officer for appoint- D060789, which nominations were received by ment to the grade of lieutenant general in the Senate and appeared in the Congres- REGULAR CORPS OF THE COMMISSIONED CORPS the United States Marine Corps while as- sional Record of July 22, 2008. OF THE U.S. PUBLIC HEALTH SERVICE signed to a position of importance and re- PN1905 Army nomination of Deborah J. The following candidates for personnel ac- sponsibility under title 10, U.S.C., section McDonald, which was received by the Senate tion in the Regular Corps of the Commis- 601: and appeared in the Congressional Record of sioned Corps of the U.S. Public Health Serv- To be lieutenant general July 23, 2008. ice subject to qualifications therefore as pro- vided by law and regulations: Lt. Gen. John M. Paxton, Jr. PN1916 Army nomination of Lemuel H. Clement, which was received by the Senate To be medical director IN THE NAVY and appeared in the Congressional Record of Margaret C. Bash The following named officers for appoint- July 24, 2008. Diane E. Bennett ment in the United States Navy Reserve to PN1917 Army nomination of Marco E. Har- M Miles Braun the grade indicated under title 10, U.S.C., ris, which was received by the Senate and ap- Louisa E. Chapman section 12203: peared in the Congressional Record of July Donald W. Clark To be rear admiral (lower half) 24, 2008. George A. Conway PN1918 Army nominations (3) beginning Capt. Christopher J. Paul Theresa Diaz Vargas ROBERT J. HOWELL JR., and ending STAN- Capt. Russell S. Penniman Steven H. Fox LEY R. JONES JR., which nominations were Capt. Gary W. Rosholt Walter G. Hlady received by the Senate and appeared in the Capt. Robert P. Wright Hamid S. Jafari Congressional Record of July 24, 2008. Capt. Michael J. Yurina Susan A. Maloney PN1919 Army nomination of Francis B. Diane A. Mitchell The following named officers for appoint- Magurn II, which was received by the Senate Anthony W. Mounts ment in the United States Navy to the grade and appeared in the Congressional Record of Carol A. Pertowski indicated under title 10, U.S.C., section 624: July 24, 2008. Edward L. Petsonk To be rear admiral (lower half) PN1920 Army nomination of Joseph W. Lisa G. Rider Captain Terry B. Kraft Brown, which was received by the Senate and appeared in the Congressional Record of Steven R. Rosenthal The following named officer for appoint- July 24, 2008. Patricia M. Simone ment in the United States Navy to the grade PN1921 Army nomination of Victor Ursua, Gail M. Stennies indicated while assigned to a position of im- which was received by the Senate and ap- Pamela Stratton portance and responsibility under title 10, peared in the Congressional Record of July John C. Watson U.S.C., section 601: 24, 2008. To be senior surgeon To be vice admiral PN1922 Army nomination of Yvonne M. Tecora D. Ballom Rear Adm. Bruce W. Clingan Beale, which was received by the Senate and D. W. Chen The following named officer for appoint- appeared in the Congressional Record of July Patrick H. David ment in the United States Navy to the grade 24, 2008. Michael C. Engel PN1923 Army nomination of Gerald P. indicated while assigned to a position of im- Paul T. Harvey Johnson, which was received by the Senate portance and responsibility under title 10, Richard P. Hedlund and appeared in the Congressional Record of U.S.C., section 601: Michael T. Martin July 24, 2008. John R. Mascola To be vice admiral PN1924 Army nominations (2) beginning William H. Orman Vice Adm. James A. Winnefeld, Jr. MAUEL LABORDE, and ending ANTHONY Bernard W. Parker NOMINATIONS PLACED ON THE SECRETARY’S WOJCIK, which nominations were received Karen L. Parko DESK by the Senate and appeared in the Congres- Kevin A. Prohaska sional Record of July 24, 2008. IN THE AIR FORCE William Resto-Rivera PN1925 Army nominations (3) beginning PN1468 Air Force nominations (29) begin- Theresa L. Smith GEORGE J. JICHA, and ending WILLIAM H. Stephen H. Waterman ning CHRISTIAN L. BISCOTTI, and ending SMITHSON, which nominations were re- BARRY K. WELLS, which nominations were ceived by the Senate and appeared in the To be surgeon received by the Senate and appeared in the Congressional Record of July 24, 2008. Daniel S. Budnitz Congressional Record of March 11, 2008. PN1926 Army nominations (3) beginning Soju Chang PN1904 Air Force nominations (7) begin- CHRISTOPHER M. HARTLEY, and ending Eileen F. Dunne ning TIMOTHY M. FRENCH, and ending LAJOHNNE A. WHITE, which nominations Diana L. Dunnigan RACHELLE M. NOWLIN, which nominations were received by the Senate and appeared in David R. Gahn were received by the Senate and appeared in the Congressional Record of July 24, 2008. John M. Hardin the Congressional Record of July 23, 2008. PN1927 Army nominations (4) beginning Scott A. Harper PN1915 Air Force nomination of Jeffrey T. SAMUEL M. RUBEN, and ending GEORGE Richard P. Hedlund Butler, which was received by the Senate D. HORN, which nominations were received Mitchell V. Mathis, Jr. and appeared in the Congressional Record of by the Senate and appeared in the Congres- Matthew R. Moore July 24, 2008. sional Record of July 24, 2008. Marie A. Russell IN THE ARMY IN THE NAVY Dorothy J. Sanderson PN1888 Army nominations (3) beginning PN1894 Navy nominations (2) beginning John W. Vanderhoof ROBERT S. DEMPSTER, and ending FRED TIMOTHY J. MCCULLOUGH, and ending Hui-Hsing Wong A. KARNIK, which nominations were re- JAE WOO CHUNG, which nominations were To be senior assistant surgeon ceived by the Senate and appeared in the received by the Senate and appeared in the Songhai C. Barclift Congressional Record of July 22, 2008. Congressional Record of July 22, 2008. Richard P. Hedlund

VerDate Aug 31 2005 05:33 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.072 S01AUPT1 erowe on PRODPC61 with SENATE S8076 CONGRESSIONAL RECORD — SENATE August 1, 2008 Mitchell V. Mathis, Jr. Elizabeth A. Boot To be senior environmental health officer Matthew J. Olnes Alicia A. Bradford Debra M. Flagg Greggory J. Woitte Theodora R. Bradley Jean A. Gaunce To be dental director Claudia M. Brown Kevin W. Hanley Joel J. Aimone Maureen J. Cippel Timothy M. Radtke Mitchel J. Bernstein William F. Coyner Kelly M. Taylor David A. Crain Susie P. Dill To be environmental health officer Jenny Doan Clay D. Crossett David B. Cramer Christopher G. Halliday John S. Gary, Jr. Deanna M. Gephart Thomas M. Fazzini Kathy L. Hayes Brian K. Johnson Akilah K. Green Stuart R. Holmes Tina J. Lankford Chris L. Henneford Linda A. Jackson John W. Spriggs Erik S. Hierholzer John W. King Bobby T. Villines Eunice F. Jones-Wills Michael E. Korale To be veterinary director Tad R. Mabry Charles M. Kerns Ronald J. Nagel Yvonne T. Lacour Peter B. Bioland Mary S. Runner Stephen D. Lane Waiter R. Daley Saunders P. Steiman Christine M. Mattson Judith A. Davis James N. Sutherland Thel Moore, Jr. Shelley Hoogstraten-Miller Stephen P. Torna Alois P. Provost Marissa A. Miller To be senior dental surgeon Tonia L. Sawyer To be senior veterinary officer Sean-David A. Waterman Timothy L. Ambrose Kristine M. Bisgard Kellie L. Westerbuhr Brent C. Morse Anita L. Bright Zenja D. Woodley Brenda S. Burges Kim D. Taylor To be senior assistant nurse officer Cielo C. Doherty To be veterinary officer Robert G. Good David A. Campbell Princess R. Campbell Renee Joskow Darrell Lyons Marianne Phelan Ross Gelynn L. Majure Christine M. Merenda To be pharmacist director Kippy G. Martin Gloria M. Rodrigues Geri L. Tagliaferri Rodney M. Bauer Hsiao P. Peng Laurie B. Burke Ross W. Silver To be engineer director Diane Centeno-Deshields John R. Smith Dana J. Baer Paul A. David Michael P. Winkler Robert E. Biddle Josephine E. Divel Paul S. Wood David M. Birney George A. Lyght Benjamin C. Wooten Craig W. Larson Michael J. Montello To be dental surgeon Peter C. Pirillo, Jr. Cecilia-Marina Prela Stephanie M. Burrell George D. Pringle, Jr. Bryan l. Schulz Tanya T. Hollinshed-Miles Paula A. Simenauer Raelene W. Skerda Mary B. Johnson To be senior engineer officer Matthew A. Spataro Craig S. Kluger Donald C. Antrobus To be senior pharmacist Robert C. Lloyd, Jr. Leo M. Blade Edward D. Bashaw Tanya M. Robinson Randall J. Gardner Jeffrey T. Bingham Bridget R. Swanberg-Austin Bradley K. Harris Beecher R. Cope, Jr. Vanessa F. Thomas Edward M. Lohr Wesley G. Cox James H. Webb, Jr. Robert J. Lorenz Susan J. Fredericks Earlena R. Wilson Dale M. Mossefin Muhammad A. Marwan To be nurse director Susan K. Neurath Jill D. Mayes Mary C. Aoyama Paul G. Robinson John F. Snow Regena Dale Arthur D. Ronimus I, II Robert C. Steyert Fern S. Detsoi Jack S. Sorum Julienne M. Vaillancourt Maureen Q. Farley Kenneth T. Sun Todd A. Warren Clarice Gee Hung Trinh Kimberly A. Zietlow Ann R. Knebel Daniel H. Williams To be pharmacist Sheryl L. Meyers To be engineer officer Christopher K. Allen Ernestine Murray Mark T. Bader Mitzie A. Allen James M. Pobrislo Sean M. Boyd Michael J. Contos Ana M. Puente Tracy D. Gilchrist David T. Diwa Gwethlyn J. Sabatinos Ramsey D. Hawasly Louis E. Feldman Toni Joy Spadaro Stephen B. Martin, Jr. Richard K. Glabach Diane R. Walsh Marcus C. Martinez Andrew S. Haffer Janet L. Wildeboor Mark A. Nasi Glenna L. Meade To be senior nurse officer Delrey K. Pearson Andrew K. Meagher Yvonne L. Anthony Nicholas R. Vizzone Suryamohan V. Palanki Dolores J. Atkinson To be scientist director Laura L. Pincock Katherine M. Berkhousen S. Lori Brown Martin H. Shimer II Rosa J. Clark Lemyra M. Debruyn Mark N. Strong Bucky M. Frost Darcy E. Hanes Brandon L. Taylor Alex Garza Deloris L. Hunter Teresa A. Watkins Bradley J. Husberg Mahendra H. Kothary Samuel Y. Wu Lynn M. Lowry Francois M. Lalonde Charla M. Young Ivy L. Manning ONeal A. Walker To be dietitian director Daniel Reyna to be senior scientist Tammy L. Brown Mchael L. Robinson Jon R. Daugherty Karen A. Herbelin Linda M. Trujillo To be senior dietitian Vien H. Vanderhoof John M. Hayes Theresa B. Wade William J. Murphy Silvia Benincaso Amanda S. Waugaman Richard P. Troiano Jean R. Makie Konstantine K. Weld To be scientist Vangie R. Tate Christine L. Williams Diana M. Bensyl To be therapist director Adolfo Zorrilla Mark J. Seaton Terry T. Cavanaugh To be nurse officer To be environmental health officer director Georgia A Johnson Amy F. Anderson Steven M. Breithaupt Susan F. Miller Felicia A. Andrews Richie K. Grinnell Rebecca A. Parks Debra D. Aynes Kathy L. Morring To be senior therapist Lisa A. Barnhart John P. Sarisky Nancy J. Balash

VerDate Aug 31 2005 03:38 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\A01AU6.077 S01AUPT1 erowe on PRODPC61 with SENATE August 1, 2008 CONGRESSIONAL RECORD — SENATE S8077 Mercedes Benitez-Mccrary The nomination was confirmed. Journal of proceedings be approved to Gary W. Shelton Mr. REID. Mr. President, I ask unan- date, the morning hour be deemed ex- To be therapist imous consent that no further motions pired, the time for the two leaders be Cynthia E. Carter be in order; that the President be im- reserved for their use later in the day, Grant N. Mead mediately notified of the Senate’s ac- and the Senate resume consideration of Sue N. Newman tion; that any statements relating to Calendar No. 732, S. 3001, the Defense Tarri Ann Randall any of these nominations be printed in authorization bill. To be health services director the RECORD, as if read; that the RECORD The PRESIDING OFFICER. Without Maria E. Burns reflect that had there been a rollcall objection, it is so ordered. Peter J. Delany vote on Calendar No. 742, Senator WEBB Julia A Dunaway f of Virginia would have voted no; and Annie Brayboy Fair PROGRAM Steven M. Glover that the Senate resume legislative ses- sion. Mr. REID. Mr. President, Senators To be senior health services officer should be prepared for a rollcall vote at Gail A. Davis The PRESIDING OFFICER. Without objection, it is so ordered. about 5:30 p.m., on Monday, September Rafael A. Duenas 8. That vote would be on the motion to Gregory D. McLain f Nancy A. Nichols invoke cloture on the motion to pro- Judy B. Pyant LEGISLATIVE SESSION ceed to the Defense authorization bill. Larry E . Richardson The PRESIDING OFFICER. Under f Rafael A. Salas the previous order, the Senate will now William Tool RECESS UNTIL TUESDAY, AUGUST Gina B. Woodlief return to legislative session. 5, 2008, at 10 A.M. Elise S. Young f Mr. REID. Mr. President, I see no one To be health services officer AUTHORITY TO FILE on the floor seeking recognition. Jeffrey S. Buckser Therefore, I ask unanimous consent Christopher C. Duncan Mr. REID. Mr. President, I ask unan- that the Senate stand in recess under Amanda K. Dunnick imous consent that during the recess the previous order. Nima D. Feldman or adjournment of the Senate, that There being no objection, the Senate, Beth D. Finnson Senate committees may file com- at 2:49 p.m., recessed until Tuesday, Celia S. Gabrel mittee-reported legislative and Execu- August 5, 2008, at 10 a.m. Daniel H. Hesselgesser tive Calendar business on Friday, Au- Erich Kleinschmidt f gust 22, during the hours of 10 a.m. to Audrey G. Lum NOMINATIONS Jack F. Martinez 12 noon. Priscilla Rodriguez The PRESIDING OFFICER. Without EXECUTIVE NOMINATIONS RE- Karen J. Sicard objection, it is so ordered. CEIVED BY THE SENATE: Colleen E. White f OFFICE OF PERSONNEL MANAGEMENT Felicia B. Williams MICHAEL W. HAGER, OF VIRGINIA, TO BE DIRECTOR OF To be senior assistant health services officer AUTHORITY TO MAKE THE OFFICE OF PERSONNEL MANAGEMENT FOR A TERM OF FOUR YEARS, VICE LINDA M. SPRINGER. Tracy J. Branch APPOINTMENTS DEPARTMENT OF STATE William L. Cooper Mr. REID. Mr. President, I ask unan- Deborah A. Doody imous consent that notwithstanding GREGORI LEBEDEV, OF VIRGINIA, TO BE REPRESENTA- Suzanne Carole Hennigan TIVE OF THE UNITED STATES OF AMERICA TO THE the recess or adjournment of the Sen- UNITED NATIONS FOR U.N. MANAGEMENT AND REFORM, Scarlett A. Lusk WITH THE RANK OF AMBASSADOR. The following candidates for personnel ac- ate, the President of the Senate, the GREGORI LEBEDEV, OF VIRGINIA, TO BE ALTERNATE President of the Senate pro tempore, REPRESENTATIVE OF THE UNITED STATES OF AMERICA tion in the Regular Corps of the Commis- TO THE SESSIONS OF THE GENERAL ASSEMBLY OF THE sioned Corps of the U.S. Public Health Serv- and the majority and minority leaders UNITED NATIONS, DURING HIS TENURE OF SERVICE AS ice subject to qualifications therefore as pro- be authorized to make appointments to REPRESENTATIVE OF THE UNITED STATES OF AMERICA TO THE UNITED NATIONS FOR U.N. MANAGEMENT AND vided by law and regulations: commissions, committees, boards, con- REFORM. To be assistant surgeon ferences or interparliamentary con- f Robert P. Drewelow ferences authorized by law, by concur- Sarah R. Wheatley rent action of the two Houses or by DISCHARGED NOMINATIONS UNITED STATES COAST GUARD order of the Senate. The Senate Committee on Health, The following named individual for ap- The PRESIDING OFFICER. Without Education, Labor, and Pensions was pointment as a permanent commissioned objection, it is so ordered. discharged from further consideration regular officer in the United States Coast f of the following nominations and the Guard in the grade indicated under title 14, nominations were confirmed: U.S.C., Section 211: ORDER FOR PRO FORMA SESSIONS PUBLIC HEALTH SERVICE NOMINATIONS BEGINNING To be lieutenant Mr. REID. Mr. President, I ask unan- WITH MARGARET C. BASH AND ENDING WITH SCARLETT Stephen E. West A. LUSK, WHICH NOMINATIONS WERE RECEIVED BY THE imous consent that when the Senate SENATE AND APPEARED IN THE CONGRESSIONAL The following named individual for ap- completes its business today, it stand RECORD ON MARCH 5, 2008. pointment as a permanent commissioned PUBLIC HEALTH SERVICE NOMINATIONS BEGINNING in recess and convene for pro forma WITH ROBERT P. DREWELOW AND ENDING WITH SARAH regular officer in the United States Coast R. WHEATLEY, WHICH NOMINATIONS WERE RECEIVED BY Guard in the grade indicated under Title 14, sessions with no business conducted on THE SENATE AND APPEARED IN THE CONGRESSIONAL U.S.C., Section 211: the following days and times and that RECORD ON APRIL 3, 2008. HOLLY A. KUZMICH, OF INDIANA, TO BE ASSISTANT To be lieutenant following each pro forma session, the SECRETARY FOR LEGISLATION AND CONGRESSIONAL Elisa M. Garrity Senate recess until the following pro AFFAIRS, DEPARTMENT OF EDUCATION. CHRISTOPHER M. MARSTON, OF VIRGINIA, TO BE AS- FEDERAL HIGHWAY ADMINISTRATION forma session: Tuesday, August 5, at 10 SISTANT SECRETARY FOR MANAGEMENT, DEPARTMENT Thomas J. Madison, of New York, to be Ad- a.m.; Friday, August 8, at 11 a.m.; OF EDUCATION. ministrator of the Federal Highway Admin- Tuesday, August 12, at 2 p.m.; Friday, The Senate Committee on Com- istration. August 15, at 10 a.m.; Tuesday, August merce, Science, and Transportation NOMINATION OF GENERAL NORTON A. SCHWARTZ 19, at 9 a.m.; Friday, August 22, at 10 was discharged from further consider- Mr. REID. Mr. President, I ask unan- a.m.; Tuesday, August 26, at 2 p.m.; ation of the following nominations and imous consent that the Senate proceed Friday, August 29, at 2 p.m.; Tuesday, the nominations were confirmed: to Calendar No. 742, and I ask that the September 2, at 12 p.m.; Friday, Sep- COAST GUARD NOMINATION OF STEPHEN E. WEST, TO Senate proceed immediately to vote on tember 5, at 9:30 a.m.; and further that BE LIEUTENANT. confirmation of the nomination. when the Senate completes its pro The Senate Committee on Environ- The PRESIDING OFFICER. The forma session on Friday, September 5, ment and Public Works was discharged question is, Will the Senate advise and the Senate stand adjourned until 3 p.m. from further consideration of the fol- consent to the nomination of GEN Nor- on Monday, September 8; that fol- lowing nomination and the nomination ton A. Schwartz, Calendar No. 742? lowing the prayer and the pledge, the was confirmed:

VerDate Aug 31 2005 05:33 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00095 Fmt 4624 Sfmt 9801 E:\CR\FM\A01AU6.086 S01AUPT1 erowe on PRODPC61 with SENATE S8078 CONGRESSIONAL RECORD — SENATE August 1, 2008

THOMAS J. MADISON, OF NEW YORK, TO BE ADMINIS- THE DISTRICT OF COLUMBIA FOR THE TERM OF FIFTEEN SERVE OF THE ARMY TO THE GRADE INDICATED UNDER TRATOR OF THE FEDERAL HIGHWAY ADMINISTRATION. YEARS. TITLE 10, U.S.C., SECTIONS 12203 AND 12211: ANTHONY C. EPSTEIN, OF THE DISTRICT OF COLUMBIA, f TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR COURT To be brigadier general OF THE DISTRICT OF COLUMBIA FOR THE TERM OF FIF- COL. JAMES R. ANDERSON CONFIRMATIONS TEEN YEARS. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT HEIDI M. PASICHOW, OF THE DISTRICT OF COLUMBIA, IN THE RESERVE OF THE ARMY TO THE GRADES INDI- Executive nominations confirmed by TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR COURT CATED UNDER TITLE 10, U.S.C., SECTION 12203: the Senate August 1, 2008: OF THE DISTRICT OF COLUMBIA FOR THE TERM OF FIF- TEEN YEARS. To be major general DEPARTMENT OF STATE IN THE AIR FORCE BRIGADIER GENERAL LIE-PING CHANG D. KATHLEEN STEPHENS, OF MONTANA, A CAREER BRIGADIER GENERAL PAUL E. CRANDALL MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIGADIER GENERAL JEFFREY A. JACOBS MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- AS CHIEF OF STAFF, UNITED STATES AIR FORCE, AND BRIGADIER GENERAL DEMPSEY D. KEE DINARY AND PLENIPOTENTIARY OF THE UNITED STATES APPOINTMENT TO THE GRADE INDICATED WHILE AS- BRIGADIER GENERAL ELDON P. REGUA OF AMERICA TO THE REPUBLIC OF KOREA. SIGNED TO A POSITION OF IMPORTANCE AND RESPONSI- BRIGADIER GENERAL RICHARD A. STONE PHILIP THOMAS REEKER, OF THE DISTRICT OF COLUM- BILITY UNDER TITLE 10, U.S.C., SECTIONS 8033 AND 601: BRIGADIER GENERAL KEITH L. THURGOOD BIA, A CAREER MEMBER OF THE SENIOR FOREIGN SERV- ICE, CLASS OF COUNSELOR, TO BE AMBASSADOR EX- To be general To be brigadier general TRAORDINARY AND PLENIPOTENTIARY OF THE UNITED GEN. NORTON A. SCHWARTZ STATES OF AMERICA TO THE REPUBLIC OF MACEDONIA. COLONEL GILL P. BECK COLONEL PAUL M. BENENATI DEPARTMENT OF THE TREASURY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- COLONEL ALTON G. BERRY ERIC M. THORSON, OF VIRGINIA, TO BE INSPECTOR CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE COLONEL LESLIE J. CARROLL GENERAL, DEPARTMENT OF THE TREASURY. AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION COLONEL JOE E. CHESNUT, JR. 601: COLONEL DAVID G. CLARKSON DEPARTMENT OF STATE COLONEL JANET L. COBB To be general COLONEL DON S. CORNETT, JR. MARIE L. YOVANOVITCH, OF CONNECTICUT, A CAREER COLONEL MARK W. CORSON MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF GEN. DUNCAN J. MCNABB COLONEL JOHN J. DONNELLY III MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- COLONEL JAMES H. DOTY, JR. DINARY AND PLENIPOTENTIARY OF THE UNITED STATES THE ABOVE NOMINATIONS WERE APPROVED SUBJECT COLONEL ROGER B. DUFF OF AMERICA TO THE REPUBLIC OF ARMENIA. TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- COLONEL GRACUS K. DUNN TATIANA C. GFOELLER-VOLKOFF, OF THE DISTRICT OF QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY COLUMBIA, A CAREER MEMBER OF THE SENIOR FOREIGN CONSTITUTED COMMITTEE OF THE SENATE. COLONEL WILLIAM J. GOTHARD COLONEL MARK S. HENDRIX SERVICE, CLASS OF COUNSELOR, TO BE AMBASSADOR DEPARTMENT OF EDUCATION EXTRAORDINARY AND PLENIPOTENTIARY OF THE COLONEL PATRICIA A. HERITSCH UNITED STATES OF AMERICA TO THE KYRGYZ REPUBLIC. HOLLY A. KUZMICH, OF INDIANA, TO BE ASSISTANT COLONEL LEROY WINFIELD, JR. W. STUART SYMINGTON, OF MISSOURI, A CAREER MEM- SECRETARY FOR LEGISLATION AND CONGRESSIONAL COLONEL EUGENE R. WOOLRIDGE III BER OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- AFFAIRS, DEPARTMENT OF EDUCATION. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SELOR, TO BE AMBASSADOR EXTRAORDINARY AND CHRISTOPHER M. MARSTON, OF VIRGINIA, TO BE AS- TO THE GRADE INDICATED IN THE UNITED STATES ARMY PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA SISTANT SECRETARY FOR MANAGEMENT, DEPARTMENT UNDER TITLE 10, U.S.C., SECTION 624: TO THE REPUBLIC OF RWANDA. OF EDUCATION. ALAN W. EASTHAM, JR., OF ARKANSAS, A CAREER To be brigadier general MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF DEPARTMENT OF TRANSPORTATION MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- COLONEL HEIDI V. BROWN THOMAS J. MADISON, OF NEW YORK, TO BE ADMINIS- COLONEL JOHN A. DAVIS DINARY AND PLENIPOTENTIARY OF THE UNITED STATES TRATOR OF THE FEDERAL HIGHWAY ADMINISTRATION. OF AMERICA TO THE REPUBLIC OF THE CONGO. COLONEL EDWARD P. DONNELLY, JR. JAMES CHRISTOPHER SWAN, OF CALIFORNIA, A CA- IN THE NAVY COLONEL KAREN E. DYSON REER MEMBER OF THE SENIOR FOREIGN SERVICE, COLONEL ROBERT S. FERRELL CLASS OF COUNSELOR, TO BE AMBASSADOR EXTRAOR- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COLONEL STEPHEN G. FOGARTY DINARY AND PLENIPOTENTIARY OF THE UNITED STATES TO THE GRADE INDICATED UNDER TITLE 10, U.S.C., SEC- COLONEL MICHAEL X. GARRETT OF AMERICA TO THE REPUBLIC OF DJIBOUTI. TION 5148: COLONEL THOMAS A. HARVEY MICHELE JEANNE SISON, OF MARYLAND, A CAREER To be vice admiral COLONEL THOMAS A. HORLANDER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF COLONEL PAUL J. LACAMERA MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- REAR ADM. BRUCE E. MACDONALD COLONEL SEAN B. MACFARLAND DINARY AND PLENIPOTENTIARY OF THE UNITED STATES COLONEL KEVIN W. MANGUM OF AMERICA TO THE REPUBLIC OF LEBANON. IN THE AIR FORCE COLONEL ROBERT M. MCCALEB COLONEL COLLEEN L. MCGUIRE RICHARD G. OLSON, JR., OF NEW MEXICO, A CAREER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF COLONEL HERBERT R. MCMASTER, JR. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND COLONEL AUSTIN S. MILLER CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA COLONEL JOHN M. MURRAY AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION TO THE UNITED ARAB EMIRATES. COLONEL RICHARD P. MUSTION 601: DAVID D. PEARCE, OF VIRGINIA, A CAREER MEMBER OF COLONEL CAMILLE M. NICHOLS THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- To be lieutenant general COLONEL JOHN R. O’CONNOR COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND COLONEL LAWARREN V. PATTERSON PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA LT. GEN. WILLIAM L. SHELTON COLONEL GUSTAVE F. PERNA TO THE PEOPLE’S DEMOCRATIC REPUBLIC OF ALGERIA. COLONEL WARREN E. PHIPPS, JR. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOHN A. SIMON, OF MARYLAND, TO BE REPRESENTA- COLONEL GREGG C. POTTER IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- TIVE OF THE UNITED STATES OF AMERICA TO THE AFRI- COLONEL NANCY L. S. PRICE CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE CAN UNION, WITH THE RANK AND STATUS OF AMBAS- COLONEL EDWARD M. REEDER, JR. AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION SADOR EXTRAORDINARY AND PLENIPOTENTIARY. COLONEL ROSS E. RIDGE 601: AFRICAN DEVELOPMENT BANK COLONEL JESS A. SCARBROUGH To be lieutenant general COLONEL MICHAEL H. SHIELDS MIMI ALEMAYEHOU, OF THE DISTRICT OF COLUMBIA, COLONEL JEFFOREY A. SMITH TO BE UNITED STATES DIRECTOR OF THE AFRICAN DE- MAJ. GEN. LARRY D. JAMES COLONEL LESLIE C. SMITH VELOPMENT BANK FOR A TERM OF FIVE YEARS. THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED COLONEL JEFFREY J. SNOW STATES OFFICERS FOR APPOINTMENT IN THE RESERVE COLONEL KURT S. STORY INTER-AMERICAN DEVELOPMENT BANK OF THE AIR FORCE TO THE GRADES INDICATED UNDER COLONEL KENNETH E. TOVO MIGUEL R. SAN JUAN, OF TEXAS, TO BE UNITED TITLE 10, U.S.C., SECTIONS 12203 AND 12212: COLONEL STEPHEN J. TOWNSEND STATES EXECUTIVE DIRECTOR OF THE INTER-AMERICAN To be major general COLONEL JOHN UBERTI DEVELOPMENT BANK FOR A TERM OF THREE YEARS. COLONEL THOMAS S. VANDAL BRIGADIER GENERAL WILLIAM S. BUSBY III COLONEL BRYAN G. WATSON OVERSEAS PRIVATE INVESTMENT CORPORATION BRIGADIER GENERAL STANLEY E. CLARKE III COLONEL JOHN F. WHARTON COLONEL MARK W. YENTER PATRICK J. DURKIN, OF CONNECTICUT, TO BE A MEM- BRIGADIER GENERAL JOHN B. ELLINGTON, JR. BER OF THE BOARD OF DIRECTORS OF THE OVERSEAS BRIGADIER GENERAL MARIA A. FALCA-DODSON IN THE MARINE CORPS PRIVATE INVESTMENT CORPORATION FOR A TERM EX- BRIGADIER GENERAL TONY A. HART PIRING DECEMBER 17, 2009. BRIGADIER GENERAL JAMES E. HEARON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIGADIER GENERAL MARK F. SEARS TO THE GRADE OF LIEUTENANT GENERAL IN THE EUROPEAN BANK FOR RECONSTRUCTION AND UNITED STATES MARINE CORPS WHILE ASSIGNED TO A DEVELOPMENT To be brigadier general POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER COLONEL THERESA Z. BLUMBERG TITLE 10, U.S.C., SECTION 601: KENNETH L. PEEL, OF MARYLAND, TO BE UNITED COLONEL PAUL D. BROWN, JR. STATES DIRECTOR OF THE EUROPEAN BANK FOR RECON- To be lieutenant general COLONEL STEVEN D. FRIEDRICKS STRUCTION AND DEVELOPMENT. COLONEL STEVEN D. GREGG LT. GEN. JOHN M. PAXTON, JR. AFRICAN DEVELOPMENT FOUNDATION COLONEL JOHN O. GRIFFIN IN THE NAVY COLONEL JOSEPH L. LENGYEL JOHN W. LESLIE, JR., OF CONNECTICUT, TO BE A MEM- COLONEL BRADLEY A. LIVINGSTON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BER OF THE BOARD OF DIRECTORS OF THE AFRICAN DE- COLONEL MICHAEL A. MEYER IN THE UNITED STATES NAVY RESERVE TO THE GRADE VELOPMENT FOUNDATION FOR A TERM EXPIRING SEP- COLONEL STANLEY J. OSSERMAN, JR. INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: TEMBER 22, 2013. COLONEL STEPHAN A. PAPPAS JOHN O. AGWUNOBI, OF FLORIDA, TO BE A MEMBER OF COLONEL BRUCE W. PRUNK To be rear admiral (lower half) THE BOARD OF DIRECTORS OF THE AFRICAN DEVELOP- COLONEL CHARLES L. SMITH CAPT. CHRISTOPHER J. PAUL MENT FOUNDATION FOR A TERM EXPIRING FEBRUARY 9, COLONEL JAMES R. SUMMERS 2014. CAPT. RUSSELL S. PENNIMAN COLONEL BRUCE N. THOMPSON CAPT. GARY W. ROSHOLT JULIUS E. COLES, OF GEORGIA, TO BE A MEMBER OF COLONEL DELILAH R. WORKS THE BOARD OF DIRECTORS OF THE AFRICAN DEVELOP- CAPT. ROBERT P. WRIGHT MENT FOUNDATION FOR A TERM EXPIRING SEPTEMBER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CAPT. MICHAEL J. YURINA 22, 2011. IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- CATED UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MORGAN W. DAVIS, OF CALIFORNIA, TO BE A MEMBER IN THE UNITED STATES NAVY TO THE GRADE INDICATED OF THE BOARD OF DIRECTORS OF THE AFRICAN DEVEL- To be major general UNDER TITLE 10, U.S.C., SECTION 624: OPMENT FOUNDATION FOR A TERM EXPIRING NOVEM- BER 13, 2013. BRIG. GEN. LAWRENCE A. STUTZRIEM To be rear admiral (lower half) THE JUDICIARY IN THE ARMY CAPTAIN TERRY B. KRAFT CAROL A. DALTON, OF THE DISTRICT OF COLUMBIA, TO THE FOLLOWING ARMY NATIONAL GUARD OF THE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BE AN ASSOCIATE JUDGE OF THE SUPERIOR COURT OF UNITED STATES OFFICER FOR PROMOTION IN THE RE- IN THE UNITED STATES NAVY TO THE GRADE INDICATED

VerDate Aug 31 2005 03:38 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00096 Fmt 4624 Sfmt 9801 E:\CR\FM\A01AU6.002 S01AUPT1 erowe on PRODPC61 with SENATE August 1, 2008 CONGRESSIONAL RECORD — SENATE S8079

WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND IN THE ARMY ARMY NOMINATION OF VICTOR URSUA, TO BE MAJOR. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ARMY NOMINATION OF YVONNE M. BEALE, TO BE To be vice admiral ARMY NOMINATIONS BEGINNING WITH ROBERT S. MAJOR. DEMPSTER AND ENDING WITH FRED A. KARNIK, WHICH ARMY NOMINATION OF GERALD P. JOHNSON, TO BE REAR ADM. BRUCE W. CLINGAN NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- LIEUTENANT COLONEL. PEARED IN THE CONGRESSIONAL RECORD ON JULY 22, ARMY NOMINATIONS BEGINNING WITH MAUEL THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 2008. LABORDE AND ENDING WITH ANTHONY WOJCIK, WHICH IN THE UNITED STATES NAVY TO THE GRADE INDICATED ARMY NOMINATIONS BEGINNING WITH THOMAS G. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND NORBIE AND ENDING WITH DAVID K. RHINEHART, WHICH PEARED IN THE CONGRESSIONAL RECORD ON JULY 24, RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- 2008. To be vice admiral PEARED IN THE CONGRESSIONAL RECORD ON JULY 22, ARMY NOMINATIONS BEGINNING WITH GEORGE J. 2008. JICHA AND ENDING WITH WILLIAM H. SMITHSON, WHICH ARMY NOMINATIONS BEGINNING WITH ANNE M. AN- VICE ADM. JAMES A. WINNEFELD, JR. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- DREWS AND ENDING WITH KIM N. THOMSEN, WHICH PEARED IN THE CONGRESSIONAL RECORD ON JULY 24, IN THE COAST GUARD NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- 2008. PEARED IN THE CONGRESSIONAL RECORD ON JULY 22, COAST GUARD NOMINATION OF STEPHEN E. WEST, TO ARMY NOMINATIONS BEGINNING WITH CHRISTOPHER 2008. BE LIEUTENANT. ARMY NOMINATIONS BEGINNING WITH DAVID E. M. HARTLEY AND ENDING WITH LAJOHNNE A. WHITE, COAST GUARD NOMINATION OF ELISA M. GARRITY, TO BENTZEL AND ENDING WITH SHANNON M. WALLACE, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE BE LIEUTENANT. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON PUBLIC HEALTH SERVICE AND APPEARED IN THE CONGRESSIONAL RECORD ON JULY 24, 2008. JULY 22, 2008. ARMY NOMINATIONS BEGINNING WITH SAMUEL M. PUBLIC HEALTH SERVICE NOMINATIONS BEGINNING ARMY NOMINATIONS BEGINNING WITH CARLOS C. RUBEN AND ENDING WITH GEORGE D. HORN, WHICH WITH MARGARET C. BASH AND ENDING WITH SCARLETT AMAYA AND ENDING WITH SELINA G. WILLIAMS, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- A. LUSK, WHICH NOMINATIONS WERE RECEIVED BY THE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON JULY 24, SENATE AND APPEARED IN THE CONGRESSIONAL PEARED IN THE CONGRESSIONAL RECORD ON JULY 22, 2008. RECORD ON MARCH 5, 2008. 2008. PUBLIC HEALTH SERVICE NOMINATIONS BEGINNING ARMY NOMINATIONS BEGINNING WITH KIMBERLEE A. IN THE NAVY WITH ROBERT P. DREWELOW AND ENDING WITH SARAH AIELLO AND ENDING WITH D060789, WHICH NOMINATIONS R. WHEATLEY, WHICH NOMINATIONS WERE RECEIVED BY WERE RECEIVED BY THE SENATE AND APPEARED IN THE NAVY NOMINATIONS BEGINNING WITH TIMOTHY J. THE SENATE AND APPEARED IN THE CONGRESSIONAL CONGRESSIONAL RECORD ON JULY 22, 2008. MCCULLOUGH AND ENDING WITH JAE WOO CHUNG, RECORD ON APRIL 3, 2008. ARMY NOMINATION OF DEBORAH J. MCDONALD, TO BE WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON IN THE AIR FORCE COLONEL. ARMY NOMINATION OF LEMUEL H. CLEMENT, TO BE JULY 22, 2008. AIR FORCE NOMINATIONS BEGINNING WITH CHRISTIAN COLONEL. NAVY NOMINATIONS BEGINNING WITH PHILLIP J. L. BISCOTTI AND ENDING WITH BARRY K. WELLS, WHICH ARMY NOMINATION OF MARCO E. HARRIS, TO BE COLO- BACHAND AND ENDING WITH GILBERT L. WILLIAMS, NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NEL. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE PEARED IN THE CONGRESSIONAL RECORD ON MARCH 11, ARMY NOMINATIONS BEGINNING WITH ROBERT J. HOW- AND APPEARED IN THE CONGRESSIONAL RECORD ON 2008. ELL, JR. AND ENDING WITH STANLEY R. JONES, JR., JULY 22, 2008. AIR FORCE NOMINATIONS BEGINNING WITH TIMOTHY WHICH NOMINATIONS WERE RECEIVED BY THE SENATE NAVY NOMINATION OF ERIC D. SEELAND, TO BE CAP- M. FRENCH AND ENDING WITH RACHELLE M. NOWLIN, AND APPEARED IN THE CONGRESSIONAL RECORD ON TAIN. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE JULY 24, 2008. NAVY NOMINATIONS BEGINNING WITH WILLIAM L. AND APPEARED IN THE CONGRESSIONAL RECORD ON ARMY NOMINATION OF FRANCIS B. MAGURN II, TO BE HENDRICKSON AND ENDING WITH ORLANDO GALLARDO, JULY 23, 2008. COLONEL. JR., WHICH NOMINATIONS WERE RECEIVED BY THE SEN- AIR FORCE NOMINATION OF JEFFREY T. BUTLER, TO BE ARMY NOMINATION OF JOSEPH W. BROWN, TO BE ATE AND APPEARED IN THE CONGRESSIONAL RECORD COLONEL. MAJOR. ON JULY 24, 2008.

VerDate Aug 31 2005 03:38 Aug 02, 2008 Jkt 069060 PO 00000 Frm 00097 Fmt 4624 Sfmt 9801 E:\CR\FM\A01AU6.055 S01AUPT1 erowe on PRODPC61 with SENATE