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

HOUSE OF REPRESENTATIVES—Thursday, May 1, 2008

The House met at 10 a.m. MESSAGE FROM THE SENATE and has a wide-ranging ministry that Pastor Gary Strickland, Kingdom A message from the Senate by Ms. shares God’s love and the redeeming Place, Lumberton, North Carolina, of- Curtis, one of its clerks, announced power of Jesus Christ. fered the following prayer: that the Senate has passed a bill of the Born and reared in Southeastern Our dear Heavenly Father, on this following title in which the concur- North Carolina, he is married to my National Day of Prayer, we publicly ac- rence of the House is requested: sister, Karon McIntyre Strickland, who’s with us today, and they have two knowledge You to be the Lord of the S. 1760. An act to amend the Public Health universe, the author of creation, the Service Act with respect to the Healthy children, Joel and Amy; two grandsons, arbiter in history, and the savior of Start Initiative. Bailey and Bentley; and a son-in-law, man. The message also announced that Steve. Gary is a graduate of the University We bow before Your providence and pursuant to section 276d–276g of title of North Carolina at Pembroke where celebrate Your goodness to our Nation. 22, United States Code, as amended, the he served as student body president. He Thank You for blessing America. Chair, on behalf of the Vice President, received his master’s in religious edu- Bless this Chamber of decision- appoints the following Senators as cation at Duke and his master’s of di- makers, and let each of them seek members of the Senate Delegation to vinity from Southeastern Baptist Your guidance in every matter affect- the Canada-United States Inter- ing our country. Theological Seminary. parliamentary Group conference during As my brother-in-law, I’m particu- Bless this Chamber of legislators, and the Second Session of the 110th Con- let each of them vote always according larly honored to have had him open us gress: today on the National Day of Prayer. to Your eternal standards, which tran- The Senator from Ohio (Mr. f scend time and personal preference. VOINOVICH). Bless this Chamber of social leaders, The Senator from Alaska (Ms. MUR- ANNOUNCEMENT BY THE SPEAKER and let each of them model for us Your KOWSKI). The SPEAKER. The Chair will enter- healing virtues of compassion and f tain up to five further 1-minutes on mercy, integrity, forgiveness and serv- each side. ice. INTRODUCTION OF REV. GARY We bow before Your power, cele- STRICKLAND f brating Your goodness to us as a peo- (Mr. MCINTYRE asked and was given PRESIDENT BUSH IS 0 FOR 2 ple. Thank You for blessing America. permission to address the House for 1 (Mr. EMANUEL asked and was given In the name of Your son, Jesus minute.) permission to address the House for 1 Christ, we ask and pray for all these Mr. MCINTYRE. Madam Speaker, I’m minute.) things. pleased today to introduce the Rev- Mr. EMANUEL. Madam Speaker, in Amen. erend Gary Strickland who just deliv- 1993, when professional baseball owners f ered the invocation for the U.S. House were deciding how to rehabilitate the as we, as a Nation, begin this National reputation of baseball after the play- THE JOURNAL Day of Prayer, a time when commu- ers’ strike, they debated whether to The SPEAKER. The Chair has exam- nities across America will be joining in enact a wild-card rule to allow the sec- ined the Journal of the last day’s pro- prayer for our country today. ond place team into the playoffs. Only ceedings and announces to the House And what better person to begin this one owner at the time voted against her approval thereof. day than a man whose ministry has this, Texas Rangers general partner, Pursuant to clause 1, rule I, the Jour- carried him across North Carolina, George Bush. nal stands approved. touching people from all walks of life, When the rule passed 27–1, at the f from the booming coastal city of Wil- time the President said, ‘‘I made my mington to rural communities like arguments and went down in flames. PLEDGE OF ALLEGIANCE Pikeville, Wilson, and Little Wash- History will prove me right.’’ The SPEAKER. Will the gentle- ington, North Carolina, to the All- Since then, nearly a third of the woman from California (Mrs. American cities of Fayetteville and World Series Champions have been TAUSCHER) come forward and lead the Lumberton. wild-card teams, including the 2004 House in the Pledge of Allegiance. The former Christian Education Di- World Series Champion Boston Red Mrs. TAUSCHER led the Pledge of rector for the North Carolina Con- Sox. The rule helped save baseball, as Allegiance as follows: ference of the International Pente- history has shown. I pledge allegiance to the Flag of the costal Holiness Church, Gary now pas- And just like his baseball pre- United States of America, and to the Repub- tors a vibrant, nondenominational, dictions, President Bush sings a very lic for which it stands, one nation under God, multicultural church named Kingdom similar tune about Iraq. He says, as re- indivisible, with liberty and justice for all. Place that is growing exponentially cently as yesterday, ‘‘History will

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

7489 VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00003 Fmt 0687 Sfmt 0634 E:\BR08\H01MY8.000 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7490 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 May 1, 2008 prove whether I’m right, and I think the working people and the middle sustainable farming practices. He tends I’ll be right.’’ class of this country into the hands of 580 acres of walnuts on a plot of land in Really? Five years today since his a few wealthy oil company owners. a town that his great-great grandfather speech on ‘‘Mission Accomplished.’’ We need to get out of Iraq. We need founded and which bears his family’s And let’s take stock. More than 4,000 to end the occupation, close the bases, name, Lockeford. lives have been lost, tens of thousands bring the troops home. We need to set Chris utilizes pest control practices of American men and women have been in motion an international security that reduce the need for chemical injured, we’ve spent over 475 billion and peacekeeping force that can sta- sprays. His methods include taxpayer dollars in Iraq, with the price bilize Iraq as our troops leave. pheromone-based treatments as well as tag continually going up. We need to start taking care of maintaining plants that attract bene- History will judge whether, once things here at home. Americans are ficial insects and birds that control ro- again, George Bush’s record and Amer- losing their homes, they’re losing their dents. ica’s reputation will go down in flames. jobs, they’re losing their health care, Chris’ motivation is an admirable ex- At this rate, he’s 0 for 2. they’re losing their retirement secu- ample of sustainable farming and f rity. It’s time we started to take care stands as a shining illustration of the of things here at home and get out of increasing commitment of San Joaquin CONGRATULATING ISRAEL ON ITS Iraq. County farmers and growers to envi- 60TH ANNIVERSARY f ronmentally friendly agricultural tech- (Mr. KNOLLENBERG asked and was niques. As a pioneer in the field, Chris given permission to address the House b 1015 has generously offered to share his for 1 minute and to revise and extend SAN FRANCISCO ROLLS OUT THE techniques with fellow farmers. his remarks.) RED CARPET FOR ILLEGALS It is my honor to recognize Chris and Mr. KNOLLENBERG. Madam Speak- to congratulate him for his well-de- er, I rise today in honor of one of this (Mr. POE asked and was given per- served award. mission to address the House for 1 Nation’s strongest allies and friends, f Israel. minute.) For 60 years now, Israel has been the Mr. POE. Madam Speaker, San Fran- HONORING THE JEANNETTE HIGH pride of her people, and a beacon for cisco city officials are encouraging SCHOOL BASKETBALL TEAM those who believe in the trans- illegals to find their home in this Cali- (Mr. TIM MURPHY of Pennsylvania formational power of democracy. Our fornia town. The city recently began asked and was given permission to ad- relationship with Israel is built on the an expensive public relations campaign dress the House for 1 minute.) bedrock principle that free people and reminding illegals that it is still a Mr. TIM MURPHY of Pennsylvania. freedom itself must be defended when- sanctuary city and that local law en- Madam Speaker, on Saturday, March ever and wherever it is threatened. forcement will not cooperate with Fed- 15, the Jeannette High School basket- Israel itself faces constant threats to eral officials to enforce immigration ball team from my district won the its freedom as her people suffer from laws. State’s Class AA championship. The the most consistent barrage of ter- This bold announcement comes at a Jeannette Jayhawks became the sec- rorist attacks the world over. But that good time. Many other American cities ond high school in all of Pennsylvania does not stop, does not deter, does not actually believe in enforcing the law history to reach the achievement of prevent Israel from thriving and stand- and cooperating with the Feds to ar- winning both the state basketball and ing strong. rest international trespassers. This state football championships. Led by As a representative of one of the causes illegals that live in the shadows players Terrelle Pryor, Shaw Sunder, country’s largest Jewish communities, of those cities to be perplexed as to and Jordan Hall, and Coach Jim I’m proud to rise today in support of what to do. They certainly don’t want Nesser, the Jayhawks won a game that Israel, and to congratulate the great to go home because they cannot re- will go down as one of the best in PIAA State of Israel on its 60th anniversary. ceive free social services like health history and cap a remarkable season in May she live strong and free for years care, welfare, and education. which the team went 25–4. to come. So to be completely compassionate This is a great accomplishment for a f and caring, San Francisco should ex- small school district in southwestern pand its PR campaign to include those Pennsylvania which has excelled in the WE NEED TO GET OUT OF IRAQ hardline, narrow-minded, nonsanctuary classroom. McKee Elementary was AND TAKE CARE OF THINGS cities and encourage their illegals to named a Blue Ribbon school, and all HERE AT HOME go to San Francisco. The PR campaign the district’s schools received the Key- (Mr. KUCINICH asked and was given should be ‘‘The City by the Bay wel- stone Achievement Recognition this permission to address the House for 1 comes all, including those that violate year, with the school district getting minute and to revise and extend his re- the law.’’ the bronze medal. marks.) Meanwhile, Congress should prohibit Congratulations to the entire Mr. KUCINICH. Madam Speaker, my all Federal money from going to sanc- Jeannette school district and to the en- colleagues, yes, we’re looking at an an- tuary cities like San Francisco that tire Jeannette community. niversary of Iraq here. But let’s talk laugh at the rule of law and pander to f about things that the American people illegals. can relate to immediately. Cost of eggs And that’s just the way it is. HONORING MARINE LANCE COR- PORAL JORDAN CHRISTIAN going up 35 percent in the last year, f cost of milk going up about 23 percent, HAERTER bread going up about 16 percent. HONORING CHRIS LOCKE (Mr. BISHOP of New York asked and Now we know that Americans going (Mr. MCNERNEY asked and was was given permission to address the to the gas pump are paying near $4 a given permission to address the House House for 1 minute.) gallon in many areas. for 1 minute and to revise and extend Mr. BISHOP of New York. Madam What does this all have to do with his remarks.) Speaker, I rise with profound sadness Iraq? Mr. MCNERNEY. Madam Speaker, to recognize a fallen marine from my Well, we’re in Iraq for oil. The oil today it’s my pleasure to extend my district, Lance Corporal Jordan Chris- companies are running our domestic congratulations to Chris Locke, a wal- tian Haerter who was only 19 years old energy policy. It’s having an impact on nut farmer from Lockeford, California, when he was killed in Iraq last week. the price of food. It’s causing a great who recently earned an award from the Lance Corporal Haerter was from the transfer of wealth upwards away from Environmental Protection Agency for small Peconic Bay community of Sag

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00004 Fmt 0687 Sfmt 0634 E:\BR08\H01MY8.000 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 7491 Harbor, New York, and is the village’s today to honor our Nation’s veterans, So I again call on the Democratic first war casualty since World War II. particularly the thousands of Hoosiers leadership to do the right thing. Keep He is the 30th of our brave troops from who have risked their lives to protect the commitment to the timbered com- Long Island, and the eighth con- our Nation and secure our liberty. All munities of this country and pass a re- stituent of mine, who has fallen in Iraq Americans owe a great debt to the vet- authorization or attach it to a vehicle and Afghanistan. erans who have served and, in some that’s moving. Restore faith with rural Lance Corporal Haerter had been in cases, made the ultimate sacrifices for counties all across America. Keep the Iraq for only a month when he died a our Nation. Federal commitment to the people of hero while defending a checkpoint in As a Member of Congress, I rely on timbered counties like Josephine. Ramadi. He was killed while firing at the spirit of these brave men and f the driver of an enemy truck full of ex- women to guide me as we work in the PROVIDING FOR CONSIDERATION plosives that was running a barrier and Chamber to ensure our troops have the OF MOTIONS TO SUSPEND THE about to crash into dozens of his fellow benefits they have earned and deserved RULES marines. His noble sacrifice was hon- when they come home. ored earlier this week when hundreds This weekend in my hometown of In- Ms. SLAUGHTER. Madam Speaker, of Long Islanders paid their respects dianapolis, Indiana, our distinguished by direction of the Committee on outside the Old Whalers Church in Sag House Majority Leader STENY HOYER Rules, I call up House Resolution 1167 Harbor. They remembered his youth, has graciously agreed to accompany and ask for its immediate consider- his love of the Marine Corps, and his me to meet with a group of our Na- ation. determination to be the best marine he tion’s finest veterans at the American The Clerk read the resolution, as fol- could be. He was always faithful. Legion on Guion Road. This visit will lows: On behalf of New York’s First Con- provide Leader HOYER and me with the H. RES. 1167 gressional District, I extend our heart- opportunity to personally thank some Resolved, That it shall be in order at any felt condolences to his family. Their of our veterans and learn more about time on the legislative day of Thursday, May loss will never be forgotten, and we how we can better meet the needs of 1, 2008, for the Speaker to entertain motions that the House suspend the rules relating to will always remember Jordan’s noble these true American heroes. I am honored to welcome the major- the following measures: sacrifice. ity leader back to Indianapolis, and I (1) The bill (H.R. 5715) to ensure continued f look forward to working with him to availability of access to the Federal student ensure that we meet the needs of all of loan program for students and families. PASS THE ‘‘RIPE’’ ACT (2) The bill (H.R. 493) to prohibit discrimi- (Mr. FLAKE asked and was given our Nation’s veterans. nation on the basis of genetic information permission to address the House for 1 f with respect to health insurance and employ- minute.) ANNOUNCEMENT BY THE SPEAKER ment. Mr. FLAKE. Madam Speaker, re- (3) A bill to provide for a temporary exten- PRO TEMPORE sion of programs authorized by the Farm Se- cently I introduced a bill to repeal The SPEAKER pro tempore (Mrs. curity and Rural Investment Act of 2002. some of the legislative provisions that TAUSCHER). Members are reminded not The SPEAKER pro tempore. The gen- have led to an artificial demand for to traffic the well while another Mem- tlewoman from New York is recognized ethanol. H.R. 5911, the Remove Incen- ber is under recognition. for 1 hour. tives for Producing Ethanol Act of 2008, Ms. SLAUGHTER. Madam Speaker, or RIPE Act, repeals the renewable fuel f for the purpose of debate only, I yield standard, repeals tax credits for eth- REAUTHORIZE COUNTY PAYMENTS the customary 30 minutes to the gen- anol producers, and repeals tariffs and (Mr. WALDEN of Oregon asked and tleman from Washington (Mr. duties on imported ethanol. These in- was given permission to address the HASTINGS). All time yielded during con- centives are giving ethanol producers a House for 1 minute.) sideration of the rule is for debate guaranteed market for their product. Mr. WALDEN of Oregon. Madam only. Domestic corn, already a heavily sub- Speaker, of all of the counties in the I yield myself such time as I may sidized commodity, has been the pri- Second Congressional District, perhaps consume and ask unanimous consent mary source of biofuel, and the man- none has been more profoundly im- that all Members be given 5 legislative date has encouraged farmers to focus pacted by Congress’ refusal to reau- days in which to revise and extend agriculture production away from food thorize county payments than Jose- their remarks on House Resolution production toward fuel production. The phine County. 1167. Department of Agriculture has said Nearly half of the county workforce The SPEAKER pro tempore. Is there that the biofuel mandate has raised has been cut in recent years. Public objection to the request of the gentle- fuel prices as much as 20 percent. safety has been hardest hit. Overnight woman from New York? In addition, ethanol’s role as a sup- patrols by the Josephine County Sher- There was no objection. posed savior for our energy woes has iff’s Office are down to one 10-hour Ms. SLAUGHTER. Madam Speaker, been severely overstated. Ethanol as a shift split among six deputies who as the Clerk just described, H. Res. 1167 fuel yields about 30 percent less energy cover 1,640 square miles. That’s six dep- authorizes the Speaker to entertain per gallon than a gallon of gasoline. uties patrolling an area the size of the motions that the House suspend the This is what happens when government State of Rhode Island. rules at any time on the legislative day picks winners and losers in the econ- Maybe you remember the frantic of Thursday, May 1, 2008, on legislation omy and the marketplace. Just 4 search after Thanksgiving of 2006 for relating to the following three meas- months ago, we were convinced we had the James Kim family in the Federal ures: a winner. It’s turned out to be a big forests off southern Oregon. The (1) H.R. 5715, to protect the Federal loser. search-and-rescue funds for that oper- student loan program. We need to remove the incentive. I ation came from this very program (2) H.R. 493, Genetic Information urge support of H.R. 5911. that Congress has refused to reauthor- Nondiscrimination Act. f ize. (3) a bill to provide for a temporary Why won’t the Democrat leadership extension of the farm bill. LET US SALUTE OUR VETERANS bring a vote on H.R. 3058? It’s a bipar- The rule is necessary because under (Mr. CARSON of Indiana asked and tisan, 4-year reauthorization bill for clause 1(a) of rule XV, the Speaker may was given permission to address the county payments. It has been 3 months entertain motions to suspend the rules House for 1 minute.) since the committees of jurisdiction only on Monday, Tuesday, or Wednes- Mr. CARSON of Indiana. Madam have sent it to the full House, and yet day of each week. In order for suspen- Speaker, I come to the House floor no votes have been scheduled. sions to be considered on other days,

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00005 Fmt 0687 Sfmt 0634 E:\BR08\H01MY8.000 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7492 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 May 1, 2008 the Rules Committee must authorize hobbled in the vital work to monitor understanding how free markets and supply consideration of these motions. terrorist communications and detect and demand really work. Sad, but true. This is not an unusual procedure. In new plots despite the fact that the Sen- So we were happy to hear the president do fact, in the 109th Congress, my friends the job, calling out Congress for its inaction ate has approved a bipartisan plan and and ignorance in his wide-ranging press con- on the other side of the aisle reported sent it over to the House. House Demo- ference Tuesday. a number of rules that provided for ad- crat leaders have refused to allow the ‘‘Many Americans are understandably anx- ditional suspension days. House to vote on the Senate plan and ious about issues affecting their pocketbook, This rule limits the suspension of have refused to go to conference with from gas and food prices to mortgage and rules to only these three time-sensitive the Senate. tuition bills,’’ Bush said. ‘‘They’re looking to measures. This will help us move these Madam Speaker, why, I ask, why is their elected leaders in Congress for action. noncontroversial, yet important, legis- an issue of this magnitude being placed Unfortunately, on many of these issues, all they’re getting is delay.’’ lative initiatives that have widespread on the back burner by Democrat lead- Best of all, Bush didn’t let the issue sit bipartisan support. ers, despite repeated attempts by Re- with just generalities. He reeled off a bill of I urge my colleagues to support this publicans to allow the House to vote on particulars of congressional energy inaction, rule. this bipartisan plan? including: I reserve the balance of my time. Madam Speaker, the Democrat-con- Failing to allow drilling in ANWR. We Mr. HASTINGS of Washington. trolled House has also failed to address have, as Bush noted, estimated capacity of a million barrels of oil a day from this source Madam Speaker, I want to thank the perhaps the most pressing issue on the chairwoman of the Rules Committee, alone—enough for 27 million gallons of gas minds of Americans today, rising gas and diesel. But Congress won’t touch it, fear- Ms. SLAUGHTER, for yielding me the prices. ful of the clout of the environmental lobby. customary 30 minutes. As a result, you pay at the pump so your rep- I yield myself as much time as I may b 1030 resentative can raise campaign cash. consume. Democrat leaders may not like to Refusing to build new refineries. The U.S. Madam Speaker, on September 28, hear it, but since they took control of hasn’t built one since 1976, yet sanctions at 2006, the Republicans were in the ma- Congress in January of 2007, the cost of least 15 unique ‘‘boutique’’ fuel blends jority and the Democrats were in the a gallon of gas has gone up by over 50 around the nation. So even the slightest minority. I was managing a rule on the problem at a refinery causes enormous sup- percent. In fact, the cost of gas has ply problems and price spikes. Congress has floor similar to what we are consid- gone up by more in 16 months than it done nothing about this. ering here today to allow specific bills had gone up in the prior 6 years. Turning its back on nuclear power. It’s to be considered under suspensions Instead, they have spent hours giving safe and, with advances in nuclear reprocess- under the rule on a day that suspen- speeches trying to blame the President ing technology, waste problems have been sions are not permitted under House and anyone but themselves for the fact minimized. Still, we have just 104 nuclear rules like today. that Congress has done nothing to ad- plants—the same as a decade ago—producing just 19% of our total energy. (Many Euro- During debate on that day in Sep- dress rising gas prices. But, Madam tember 2006, the then-ranking member pean nations produce 40% or more of their Speaker, facts are stubborn things. power with nuclear.) Granted, nuclear power of the Rules Committee, Ms. SLAUGH- And the facts are that gas prices plants are expensive—about $3 billion each. TER, stated, ‘‘It isn’t just what the have gone up over a dollar a gallon on But they produce energy at $1.72/kilowatt- Congress has done with its time that is the Democrat Congress’ watch. The hour vs. $2.37 for coal and $6.35 for natural so disappointing. It is also what the facts are that Democrat leaders prom- gas. Congress has not done, all of the chal- ised the American people in 2006 that if Raising taxes on energy producers. This is lenges it has not addressed.’’ they were to control Congress that where a basic understanding of economics Madam Speaker, the same can be ab- would help: Higher taxes and needless regu- they had a ‘‘commonsense plan’’ to lation lead to less production of a com- solutely said today about the Demo- ‘‘lower the price at the pump.’’ modity. So by proposing ‘‘windfall’’ and crat control of the House of Represent- It’s been 16 months of this Democrat other taxes on energy companies plus tough atives. Earlier this year, House Demo- Congress, and the promise is nowhere new rules, Congress makes our energy situa- crats approved a budget that included a to be seen. This Congress has put for- tion worse. tax hike of $683 billion, the largest in ward no plan, has taken no action, and These are just a few of Congress’ sins of American history. Americans cannot passed no bills to lower gas prices. omission—all while India, China, Eastern Europe and the Middle East add more than a afford the Democrat plans to cut the They promised relief at the pump to child tax credit in half, to reinstate the million barrels of new demand each and lower gas prices, and they’ve done every year. New Energy Department fore- marriage penalty, and raise taxes on nothing. casts see world oil demand growing 40% by every single taxpayer. Instead of Madam Speaker, at this time I would 2030, including a 28% increase in the U.S. record-breaking tax increases, this like to insert into the RECORD an arti- Americans who are worried about the di- Congress should work to make those cle by Investor’s Business Daily posted rection of their country, including runaway tax cuts permanent. April 29, 2008, and it states, ‘‘This Con- energy and food prices, should keep in mind the upcoming election isn’t just about choos- I’m also dismayed that the Demo- gress is possibly the most irresponsible crat-controlled House of Representa- ing a new president. We’ll also pick a new in modern history. This is especially Congress. tives has not acted to extend the State true when it comes to America’s dys- The current Congress, led on the House and local sales tax deduction to States functional energy policy.’’ side by a speaker who promised a ‘‘common that don’t have State income tax. That [From Investor’s Business Daily, Apr. 29, sense plan’’ to cut energy prices two years tax expired on January 1 of this year. 2008] ago, has shown itself to be incompetent and irresponsible. It doesn’t deserve re-election. The State and local sales tax deduction CONGRESS VS. YOU is important for those States that Energy: President Bush let the Democrat- Madam Speaker, we all know that we don’t have a State income tax, such as led Congress have it with both barrels Tues- must work together, Democrats, Re- my home State of Washington. Extend- day, lambasting lawmakers for fiddling publicans, the House, the Senate and ing this deduction is a matter of fair- while the energy crisis burns. It was a well- the President, to solve America’s pain ness that Congress must act to renew deserved takedown of do-nothing lawmakers. at the pump. Until this happens, how- as soon as possible. We’ve said it before, but we’ll say it again: ever, we should not deny good ideas The Democrat-controlled House of This Congress is possibly the most irrespon- from being considered. Representatives have also failed to act sible in modern history. This is especially Therefore, I will be urging my col- to give our intelligence community the true when it comes to America’s dysfunc- leagues to defeat the previous question tional energy policy. tools they need to protect our country The media won’t call either the House or so that I can amend the rule to make from new terrorist threats by modern- the Senate on its failures, for one very obvi- in order any bill that would ‘‘have the izing the seventies-era FISA laws. For ous reason: They mostly share an ideology effect of lowering the national average over 74 days now, America has been with the Democrats that keeps them from price per gallon of regular unleaded

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00006 Fmt 0687 Sfmt 0634 E:\BR08\H01MY8.000 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 7493 gas.’’ Let’s defeat the previous ques- While my colleagues say we have licans, almost unanimously, including tion and show America that Congress done nothing, the fact is that we’ve all of the Republican leadership. And in is serious about addressing the rising done a great deal and they’ve almost every case, the Bush administration cost at the pump. consistently voted against it. For ex- threatened to veto the bills. Unfortu- With that, I reserve my time. ample, we have tried more than once to nately, Republicans in the Senate re- Ms. SLAUGHTER. Madam Speaker, take away the Federal subsidies to fused to even let them become bills to since I will be the last speaker on this these oil companies, to the big five, be- go to the President. side, I will reserve my time until the cause they are awash in money, and we We have a good and sufficient record gentleman has closed. see no reason for them to get more here. We have planned to do more. We Mr. HASTINGS of Washington. At from the taxpayers than they’re al- have done more than was done in the this time, Madam Speaker, I yield my- ready getting at the pump. That has last 7 years to try to do that. self the balance of the time. been consistently fought by both the With that, I urge a ‘‘yes’’ vote on the Madam Speaker, Americans don’t Republican Party and the President. previous question and on the rule. want a debate on the problems causing The President calls for the same poli- The material previously referred to gas prices to dramatically increase. cies that he has done all along and sort by Mr. HASTINGS of Washington is as They want a debate on solutions. of hopes for the best. For the last 7 follows: Therefore, as I stated a moment ago, years, congressional Republicans and I will be asking my colleagues to vote AMENDMENT TO H. RES. 1167 OFFERED BY MR. President Bush doled out billions of HASTINGS OF WASHINGTON ‘‘no’’ on the previous question so that dollars in subsidies to the big oil com- Members can offer solutions that have At the end of the resolution, add the fol- panies, instead of working for an en- lowing new paragraph: the effect of lowering the national av- ergy independence plan for America (4) Any bill which the proponent asserts, if erage price per gallon of regular un- which was rarely discussed even during enacted, would have the effect of lowering leaded gas. the national average price per gallon of reg- As I mentioned, 2 years ago, then-mi- their tenure. We’re committed to a new direction. ular unleaded gasoline. nority leader, now-Speaker PELOSI Speaker PELOSI has called on President promised Americans a Democrat plan The information contained herein was pro- to lower gas prices at the pump. They Bush to suspend purchases of oil for vided by Democratic Minority on multiple have controlled Congress for 16 the Strategic Petroleum Reserve tem- occasions throughout the 109th Congress.) porarily. That would go a long way to- months, but we still have not seen this THE VOTE ON THE PREVIOUS QUESTION: WHAT plan. Meanwhile, the cost of gasoline is ward helping us with this. We have IT REALLY MEANS setting record highs. The time is now done this before, but President Bush This vote, the vote on whether to order the for the House to debate ideas and solu- says he doesn’t think it would affect previous question on a special rule, is not tions for lowering gas prices, and it is the price. merely a procedural vote. A vote against or- On Friday, the New Direction Con- dering the previous question is a vote time for the Democrats to reveal their gress called on the Federal Trade Com- against the Democratic majority agenda and plan that they promised 2 years ago. mission to enforce the law and to in- a vote to allow the opposition, at least for So, Madam Speaker, by defeating the the moment, to offer an alternative plan. It previous question, I will move to vestigate record gas prices and possible market manipulation. Under the En- is a vote about what the House should be de- amend the rule to allow any bill to be bating. offered and considered under suspen- ergy Independence and Security Act of Mr. Clarence Cannon’s Precedents of the sions of the rule that would have the 2007, the FTC has the authority, but House of Representatives, (VI, 308–311) de- effect of lowering the national average will not take it, to exercise the power scribes the vote on the previous question on price per gallon of regular unleaded to protect the consumer from sky- the rule as ‘‘a motion to direct or control the rocketing energy costs. That is the Re- consideration of the subject before the House gas. being made by the Member in charge.’’ To Madam Speaker, I ask unanimous publican administration. The Energy Independence and Secu- defeat the previous question is to give the consent to have the text of the amend- opposition a chance to decide the subject be- ment and extraneous material inserted rity Act of 2007 also included landmark provisions to make cars and trucks fore the House. Cannon cites the Speaker’s in the RECORD prior to the vote on the ruling of January 13, 1920, to the effect that previous question. more efficient and to promote the use ‘‘the refusal of the House to sustain the de- The SPEAKER pro tempore. Is there of more affordable American biofuels. mand for the previous question passes the objection to the request of the gen- The new fuel standards will reduce our control of the resolution to the opposition’’ tleman from Washington? oil consumption by 1.1 million barrels in order to offer an amendment. On March There was no objection. per day by 2020, and it will save Amer- 15, 1909, a member of the majority party of- Mr. HASTINGS of Washington. ican families $700 to $1,000 per year at fered a rule resolution. The House defeated the previous question and a member of the Madam Speaker, I urge my colleagues the pump. That is under the Democrats in Congress. opposition rose to a parliamentary inquiry, to defeat the previous question so that asking who was entitled to recognition. we can have this debate, so that we can We’ve also passed legislation in this Speaker Joseph G. Cannon (R–Illinois) said: consider these vitally important issues House to crack down on oil price ‘‘The previous question having been refused, that America’s families, workers, gouging, to hold OPEC accountable for the gentleman from New York, Mr. Fitz- truckers, small businesses, and our en- oil price fixing, and then, as I said, to gerald, who had asked the gentleman to tire economy face with these rising repeal the subsidies for profit-rich Big yield to him for an amendment, is entitled to prices of gasoline. Oil so we can invest in a renewable en- the first recognition.’’ With that, I yield back the balance of ergy future. However, President Bush Because the vote today may look bad for and the Republicans block these efforts the Democratic majority they will say ‘‘the my time. vote on the previous question is simply a Ms. SLAUGHTER. Madam Speaker, every step of the way. vote on whether to proceed to an immediate while I had not planned to be here at Cracking down on oil price gouging vote on adopting the resolution . . . [and] this point to debate gas prices, I feel was opposed by 140 Republicans in the has no substantive legislative or policy im- compelled to put a few things on the House, including all of the Republican plications whatsoever.’’ But that is not what record. leadership except Mr. MCCOTTER. Hold- they have always said. Listen to the defini- Everybody knows that ExxonMobil ing OPEC accountable was opposed by tion of the previous question used in the announced first quarter profits total- 67 Republicans, including most of the Floor Procedures Manual published by the ing $11 billion, up 17 percent from last Republican leadership, Mr. BOEHNER, Rules Committee in the 109th Congress, (page 56). Here’s how the Rules Committee year and just shy of record profits last Mr. BLUNT, Mr. COLE, Mr. DREIER, and described the rule using information form quarter. BP announced profits in- Ms. GRANGER. Repealing subsidies to Congressional Quarterly’s ‘‘American Con- creased 63 percent; Royal Dutch-Shell the profit-rich oil companies and in- gressional Dictionary’’: ‘‘If the previous 25 percent, and this increases the 5- vesting in renewable energy and energy question is defeated, control of debate shifts year trend of record oil profits. efficiency was opposed by 174 Repub- to the leading opposition member (usually

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00007 Fmt 0687 Sfmt 0634 E:\BR08\H01MY8.000 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7494 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 May 1, 2008 the minority Floor Manager) who then man- Means. The previous question shall be con- hopefully for the last time, so we may ages an hour of debate and may offer a ger- sidered as ordered on the motion to its adop- send it to the President to sign into mane amendment to the pending business.’’ tion without intervening motion. law. Deschler’s Procedure in the U.S. House of SEC. 2. During consideration of the motion While I’m pleased we’re taking it up, to concur pursuant to this resolution, not- Representatives, the subchapter titled I’m saddened that so much time has ‘‘Amending Special Rules’’ states: ‘‘a refusal withstanding the operation of the previous to order the previous question on such a rule question, the Chair may postpone further been lost and that the march toward [a special rule reported from the Committee consideration of the motion to such time as progress and discovery has been on Rules] opens the resolution to amend- may be designated by the Speaker. slowed. ment and further debate.’’ (Chapter 21, sec- The SPEAKER pro tempore. The gen- The Genetic Information Non- tion 21.2) Section 21.3 continues: Upon rejec- tlewoman from New York is recognized discrimination Act is the culmination tion of the motion for the previous question for 1 hour. of a broad and bipartisan effort to pro- on a resolution reported from the Committee Ms. SLAUGHTER. Madam Speaker, hibit the improper use of genetic infor- on Rules, control shifts to the Member lead- mation in workforce and health insur- ing the opposition to the previous question, for the purpose of debate only, I yield the customary 30 minutes to the gen- ance decisions. who may offer a proper amendment or mo- It prohibits group health plans and tion and who controls the time for debate tleman from Texas (Mr. SESSIONS). All health insurers from denying coverage thereon.’’ time yielded during consideration of to healthy individuals or charging Clearly, the vote on the previous question the rule is for debate only. higher premiums based solely on a ge- on a rule does have substantive policy impli- I yield myself as much time as I may netic predisposition to maybe develop cations. It is one of the only available tools consume and ask unanimous consent for those who oppose the Democratic major- a disease in the future. that all Members be given 5 legislative ity’s agenda and allows those with alter- Furthermore, it bars employers from native views the opportunity to offer an al- days in which to revise and extend using one’s genetic information when ternative plan. their remarks on House Resolution making hiring, firing, job placement or Ms. SLAUGHTER. Madam Speaker, I 1156. job promotion decisions. yield back the balance of my time, and The SPEAKER pro tempore. Is there Madam Speaker, the bill has been de- I move the previous question on the objection to the request of the gentle- scribed as the first civil rights legisla- resolution. woman from New York? tion of the 21st century. I think that The SPEAKER pro tempore. The There was no objection. assessment is correct because, with the question is on ordering the previous Ms. SLAUGHTER. Madam Speaker, exception of trauma, everything that question. H. Res. 1156 provides for consideration happens to a person’s body has a ge- The question was taken; and the of the Senate amendment to H.R. 493, netic component. From the color of our Speaker pro tempore announced that the Genetic Information Non- eyes to our height, to the illnesses and the noes appeared to have it. discrimination Act. The rule provides 1 disorders we are susceptible to, every- Ms. SLAUGHTER. Madam Speaker, hour of general debate on the motion thing happens because of our genes. on that I demand the yeas and nays. with 20 minutes each controlled by the No one, not a single living human The yeas and nays were ordered. Committee on Education and Labor, being, has perfect genes. In fact, each The SPEAKER pro tempore. Pursu- the Committee on Energy and Com- one of us is estimated to be genetically ant to clause 8 of rule XX, further pro- merce, and the Committee on Ways and predisposed to between 5 and 50 serious ceedings on this question will be post- Means. disorders. poned. Madam Speaker, the story of human- ity is defined by extraordinary achieve- b 1045 f ments that centuries later are looked The good news is that since the se- PROVIDING FOR CONSIDERATION upon as having impacted the course of quencing of the human genome was OF SENATE AMENDMENT TO H.R. human history. Five years ago, we saw completed in April, 2003, thanks to Dr. 493, GENETIC INFORMATION NON- one of these distinguishing achieve- Francis Collins, who I am happy to say DISCRIMINATION ACT OF 2008 ments: the mapping out of the human is in the gallery today, researchers Ms. SLAUGHTER. Madam Speaker, genome, a discovery that pries open have identified genetic markers for a by direction of the Committee on the door of possibility and presents an variety of chronic health conditions Rules, I call up House Resolution 1156 opportunity to advance the human and increased the potential for early and ask for its immediate consider- race. treatment and the prevention of nu- ation. This breakthrough in the field of ge- merous genetic-based diseases. There The Clerk read the resolution, as fol- netics joins the ranks of momentous are already genetic tests for over 1,000 lows: discoveries that have changed the face diseases, and hundreds more are under H. RES. 1156 of medicine and science for centuries development. to come, like the discovery of the polio Let me mention just two of them. Resolved, That upon adoption of this reso- lution it shall be in order to take from the vaccine so many years ago. Just this week we heard from news- Speaker’s table the bill (H.R. 493) to prohibit Last week, Senator KENNEDY on the papers that in London and work being discrimination on the basis of genetic infor- Senate floor noted that the mapping of done in Pittsburgh, and I believe it’s mation with respect to health insurance and the human genome ‘‘may well affect the University of Pennsylvania, has re- employment, with the Senate amendment the 21st century as profoundly as how stored some eyesight to people who thereto, and to consider in the House, with- the invention of the computer or the were disposed to a genetic disease that out intervention of any point of order except splitting of the atom affected the 20th harmed their vision as children. To be those arising under clause 10 of rule XXI, a century.’’ able to restore eyesight is something motion offered by the chairman of the Com- mittee on Education and Labor or his des- However, Madam Speaker, such dis- none of us had ever dreamed of being ignee that the House concur in the Senate coveries and achievements do not auto- able to do. But by injecting genetic amendment. The Senate amendment and the matically lead to these extraordinary material into the back of the eye be- motion shall be considered as read. The mo- breakthroughs. In order for us to fully hind the retina, they have received tion shall be debatable for one hour, with 20 reap the benefits, we must ensure that some sight. They believe that once minutes equally divided and controlled by our social policy keeps pace with the they are able to do this in younger the chairman and ranking minority member advancement of our science. children and be able to increase the of the Committee on Education and Labor, 20 That is precisely why I rise today in dose that the success rate will be ex- minutes equally divided and controlled by support of the Genetic Information the chairman and ranking minority member tremely high, and that, in itself, is of the Committee on Energy and Commerce, Nondiscrimination Act. It has been 13 such good news. and 20 minutes equally divided and con- years in the making, and I’m pleased Also yesterday the New York Times trolled by the chairman and ranking minor- that the House of Representatives is reported that the gene has been iso- ity member of the Committee on Ways and once again considering the bill today, lated for osteoporosis and for fragile

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00008 Fmt 0687 Sfmt 0634 E:\BR08\H01MY8.000 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 7495 bones. I remember when we were fight- many years, never getting discouraged, First, it is critical to remember that simply ing for the Office of Women’s Health, always working every 2 years, refiling carrying a given genetic mutation does not the statistic we used for osteoporosis the bill, getting all the cosponsors, and guarantee that one will develop the disorder. It was that we spent between $20 and $30 fighting for passage. That wonderful merely confers a level of risk upon the carrier. billion a year, and this was years ago, day now has come. I especially want to Given that scientists cannot accurately pre- 10 or 15, all that much money to treat give my thanks to my colleague JUDY dict when or whether a carrier will develop a osteoporosis. At that point we had no BIGGERT for all the wonderful work genetic disorder, it is illogical to allow this in- treatment for it. We just tried to do that she has done. formation to be used by health insurers and the best we could. We have over time Madam Speaker, to give you an idea of the employers for discriminatory purposes. achieved some treatments for potential that exists, consider that genetic Secondly, and very importantly, if individuals osteoporosis, but think what would tests can tell a woman with a family history of do not participate in clinical trials, we will happen if once we find that gene, we breast cancer if she has the genetic mutation never be able to reap the real benefits of ge- are able to manipulate that gene or that causes it long before the cancer devel- netic science. change it and prevent osteoporosis al- ops. In a 2003 editorial, Dr. Francis Collins, head together? Armed with this information, this woman can of the National Human Genome Research In- The great thing about this science is make important health decisions on when to stitute, and James Watson made a persuasive the limitless possibility to cure human engage in preventative care and when to seek argument in favor of non-discrimination legisla- conditions without long hospital stays, early treatment. tion like GINA. without invasive surgeries, and there And in doing so, we can cut down on hos- They wrote, and I quote: ‘‘Genetic discrimi- are possibilities there for an entirely pital stays and invasive surgeries while allow- nation has the potential to affect people’s lives new way for us to provide health care. ing medical treatments to be more personal- in terms of jobs and insurance, but there is Now, consider if these tests we know ized. another dimension as well: It can slow the that can tell a woman if she has a fam- Madam Speaker, in addition to improving pace of the scientific discovery that will yield ily history of breast cancer, if she has health care for millions of individuals, genetic crucial medical advances.’’ End quote. Madam Speaker, as I have mentioned, this a genetic predisposition. For at least testing gives our scientists and medical re- legislation began 13 years ago and has had the 10 years, I have been told by women searchers invaluable insight into how to com- quite a ride going back and forth between the who are in that condition and also by bat and, perhaps, even cure these diseases in the future. House and the Senate. their physicians that they have rec- I would like to take a moment to speak ommended to them that until a bill However, for the potential of genetic re- search to be realized, we need to make ge- briefly about the evolution of this bill and the such as the one we are passing today agreements that we have made so that it becomes law in this country, they netic testing something that is commonplace, rather than something that is feared. could end up here today. should not put at risk their health in- In order for us to move forward, we ad- surance, many of them who are the Unfortunately, because no one has perfect genes, no one is immune to genetic discrimi- dressed some of the concerns about the legis- sole provider for health insurance for lation, specifically about the threat of frivolous their families, or their jobs. We be- nation. And the threat of discrimination is hold- ing men and women back from participating in lawsuits. lieve, the estimates are, that about 22 Several years back, we made sure that if an clinical trials that will lead to the medical percent of Americans have already employer inadvertently receives a person’s ge- been discriminated against. We have breakthroughs of the 21st Century. Madam Speaker, their fears are not un- netic information, they could not be sued un- numerous cases of people who have lost less they used that information to discriminate founded. Genetic discrimination is real and is their jobs. So the most important against the employee. happening today. thing to show what rank discrimina- Within the past few weeks, we were able to A 2001 survey of employer medical testing tion that has been is that having the work out a clarification regarding the so-called practices found that 1.3 percent of companies gene is only predictive. It does not say ‘‘firewall’’ issue. test employees for sickle cell anemia, 0.4 per- that you are doomed to have it. Indeed, This agreement makes both sides happy cent test for Huntington’s Disease, and 20.1 it could be 20 or 30 years away, if at all. and still preserves 40 years of civil rights law percent ask about family medical history. by ensuring that employers are held account- To deny a person health insurance and During the 1970s, many African Americans employment on that kind of propo- able under civil rights remedies. were denied jobs and health insurance based In addition, this bill requires that before an sition is nothing but discrimination. on their carrier status for sickle cell anemia. We know now that numbers of people individual can go to court, the EEOC has to More recently, many have heard about the review their claim and determine if it has are going to go out to get the tests 2002 Burlington Northern Santa Fe Corpora- that they need to be able to plan for merit. tion case where the company paid a $2.2 mil- I am very pleased that we were able to work the rest of their lives, constituents lion settlement after it tested its employees for that we have all had with Alzheimer’s together to ensure the success of this critical a genetic marker dubiously associated with legislation. who want to plan for their future. So in carpel tunnel syndrome. addition to improving health care for And, Madam Speaker, while there have In North Carolina, a woman was fired after been some opponents to this bill over the millions, it’s going to give the sci- a genetic test revealed her risk for a lung dis- entists and our medical researchers in- years, there have mostly been allies. order even though she had already begun the I hold here in my hand 514 letters of sup- valuable insight on how to combat and treatments that would keep her healthy. port from a wide spectrum of health, scientific, even cure diseases in the future. There was even an instance of an adoption and medical-related organizations. I don’t think we’re going to realize agency refusing to allow a woman at risk for Here in Congress, we have over 220 co- what a wonderful day this is for us Huntington’s disease to adopt a child. sponsors, both Democrats and Republicans. until someone in your family is faced These abuses have only fed the public fear Just over a year ago, this body passed with this and that you can have a cure of genetic discrimination, leading many Ameri- GINA 420–3, and last week, the Senate once for them. It is totally remarkable. I cans to forgo genetic testing even if it may again passed this bill unanimously by a vote honestly believe that, being here in help avert premature death. of 95–0. Congress for 22 years, which has meant Sixty-six percent of Americans are con- Even the White House has come out in sup- so much to me and for which I am so cerned about how their genetic information port of genetic nondiscrimination legislation. grateful to my constituents, that this would be stored and who would have access Before I close, I want to take a moment to piece of legislation and what we have to it. thank the lead Republican cosponsor of this done here is the most important thing Seventy-two percent of the American public bill, Congresswoman JUDY BIGGERT. Without that I shall ever do in my life and cer- believes that the government should establish her and her staffs hard work, today would sim- tainly in my time as a legislator. laws and regulations to protect the privacy of ply not have been possible. I’m enormously grateful to every- one’s genetic information. I also want to thank Congresswoman ANNA body who has supported this and all the Madam Speaker, genetic discrimination is ESHOO for her strong advocacy on behalf of people who have worked on it all these wrong on two fronts. this bill over the years.

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I want to thank Senators KENNEDY, SNOWE our country’s health and bringing down Mr. KAGEN. Madam Speaker, before and ENZI for championing this bill through the the overall cost of health care. I begin my remarks, let me extend my Senate. Currently, a few States provide pro- heartfelt gratitude to Chairwoman And I especially want to thank Dr. Francis tections for genetic information, but SLAUGHTER for her years of struggle to Collins for his support. His testimony last year most provide none. This leaves Ameri- bring about this day and let everyone before three House Committees should have cans with little to no certainty about know that on this day, May 1 of 2008, swayed even the firmest nonbelievers that ge- how their genetic rights are protected we’re beginning to apply our constitu- netics has the potential to change our health from State to State. tional rights to protect us against dis- care system as we know it. Additionally, genetic information is crimination to health care so that one I am so proud to have played a role in mak- not properly covered under the current day very soon, equal protection may ing this legislation possible—legislation that HIPAA regulations. It is necessary for mean equal treatment. not only will stamp out a form of discrimina- Congress to provide legal protection for I rise today in strong support of the tion, but will allow us to realize the tremen- genetic information and clinical trials rule for H.R. 493, the Genetic Informa- dous potential of genetic research. so Americans can get tested for health tion Nondiscrimination Act, and the By passing this legislation today, we open care concerns without fear of misuse or underlying legislation. the door to usher in a whole new era of health discrimination. This legislation en- As a physician and a geneticist, I care and change the course of human history. sures that all will be protected. fully understand the critical need to Currently, the fear of misuse of ge- Millions of Americans have waited far too prohibit discrimination based on an in- netic information is preventing people long for these protections, but I’m so pleased dividual’s genetic profile. Specifically, from getting these important genetic this bipartisan, Republican-supported the wait is almost over. tests done. The refusal to utilize effec- I urge all my colleagues to support this bill tive genetic tests hurts individuals, re- and Democrat-supported bill would once again. searchers, and doctors alike. Lack of prohibit employers from using genetic Madam Speaker, I reserve the bal- testing denies individuals important screening results in hiring, in assign- ance of my time. medical information that they could ing, and promoting people at work. It Mr. SESSIONS. Madam Speaker, I do otherwise use to be proactively man- would also bar insurers from making want to thank my friend from New aging their health with their doctor. coverage choices or setting premiums York, the gentlewoman and chairman The information garnered by these based on results of such genetic test- of the Committee on Rules, for yielding tests also helps doctors to prescribe ing. By establishing these protections, me this time to discuss this proposed treatments and lifestyle changes with H.R. 493 will allow every citizen and rule for consideration of H.R. 493, the increased success. The same informa- their physicians to benefit and partici- Genetic Information Nondiscrimina- tion can be used by researchers to ef- pate in the progress that gene thera- tion Act. fectively create targeted drugs and de- pies provide for all of us in early treat- Like my colleague, I too rise in sup- velop treatments. ment and prevention of countless af- port of this rule which would allow the Fear of discrimination has also flictions, while maintaining their es- House to agree with the Senate com- caused a large number of people to opt sential insurance coverage. promise and pass H.R. 493, the Genetic out of clinical trials. With fewer par- And perhaps in the near future, I will Information Nondiscrimination Act of ticipants in clinical trials, we will see be able to rise here on the House floor 2008, or GINA. slower development of treatments and and ask that we support legislation to As the gentlewoman knows, this leg- beneficial drugs. In addition, clinical bring an end to all forms of discrimina- islation has a long history. She’s trials provide patients in late stages of tion in health care. And after all, our worked on it for a long, long time, as the diseases with access to break- constitutional rights to protect us we heard in testimony given to the through treatments that might other- against discrimination should be ap- Rules Committee yesterday and the ac- wise be unavailable. plied to the area of health care colades that were given the gentle- This House has correctly recognized throughout the industry, not just to woman for her support of this, as well this issue by protecting those who ob- genetic information, not just to one’s as the gentlewoman from Illinois (Mrs. tain genetic tests in addition to those skin color or one’s skin chemistry or BIGGERT). First introduced in 1995, it who volunteer to participate in clinical the content and structure of one’s has been cosponsored by 224 of our col- research for genetic diseases. I would bones, but to everything in the human leagues in this Congress. The House like to commend my colleagues SUE condition and every preexisting condi- overwhelmingly passed this legislation MYRICK, KENNY HULSHOF, and Dr. TOM tion. Let’s begin to put discrimination last April, and with the Senate’s recent PRICE for leading the efforts to protect where it belongs: in the past. approval and President Bush’s pledged the importance of these clinical trials. We are moving very quickly out of support, I look forward to seeing this But none of this would be any good this information age into a time when legislation signed into law quickly. today, Madam Speaker, if the Amer- physicians will be able to diagnose and ican public did not overwhelmingly Madam Speaker, genetics are ex- even treat your condition before you support the Genetic Information Non- tremely important to determining the feel it. discrimination Act. About 93 percent of health of every single individual. Each In closing, I urge my colleagues to Americans believe that if someone has of us carries a handful of genetic anom- support the rule and vote in favor of a genetic test, their employer should alies, some of which might cause us to this important and tremendously pro- be affected by genetic conditions or af- not have the right to know the results. Republicans and Democrats want to gressive bill. fect the health of our children. There Mr. SESSIONS. Madam Speaker, at see their genetic information pro- are currently 1,200 genetic tests that tected. this time I would like to yield 10 min- can diagnose thousands of health con- I rise in support of this rule and the utes to the lead cosponsor from the Re- ditions. This number has grown expo- underlying bill and look forward to its publican side, the gentlewoman from nentially from just around 100 genetic passage. Illinois (Mrs. BIGGERT). tests a short decade ago. I once again want to thank the gen- Mrs. BIGGERT. I thank the gen- Every day scientists are learning tlewoman from Illinois (Mrs. BIGGERT) tleman for yielding to me. more about the genetic causes of many and the gentlewoman from New York, And I thank you for being a cospon- devastating diseases. Stopping these the chairman of the Rules Committee, sor of this legislation and for all your debilitating illnesses will require the for their hard work. hard work on it. voluntary participation of hundreds of Madam Speaker, I reserve the bal- Madam Speaker, I rise in support of thousands of Americans in the clinical ance of my time. this rule and the bill that is made in research area needed to identify, test, Ms. SLAUGHTER. Madam Speaker, I order. And I just want to say that I’ll and approve effective treatments. This am pleased to yield 2 minutes to the be talking in general debate too, but it information is invaluable to managing gentleman from Wisconsin, Dr. KAGEN. was so important for me to come down

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00010 Fmt 0687 Sfmt 0634 E:\BR08\H01MY8.000 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 7497 here today to speak during the rule a testament to the foresight of my The folks across this country should be also. friend from New York. Just think, the very proud that we have such a dedi- When the human genome project was human genome project really was 2003. cated chairwoman leading the com- completed in 2003, the House of Rep- So she’s had the background in this mittee in the people’s House. I’d also resentatives recognized it as one of the scientific area to really have had that like to salute Congresswoman JUDY most significant scientific accomplish- foresight for so long ago. That she in- BIGGERT for her participation and per- ments of the past 100 years. For the troduced it, still amazes me, and the severance as well in moving this legis- first time, individuals actually could hard work. There were a lot of things lation and fighting for it for so many know their genetic risk of developing that we worked out as far as the path years. diseases such as cancer, diabetes, heart through these years. I first joined her I Madam Speaker, this New Direction disease, Alzheimer’s, Parkinson’s, and think it was in 2005 when we introduced Congress already has done a great deal the list goes on. And knowing that, the bill again and again and again to to strengthen antidiscrimination ef- they could take preventative measures reach this day. forts for our Nation this year, such as to decrease their risk of getting such a So I really applaud her for her dedi- legislation that outlaws inequities in disease. Completion of the human ge- cation to this cause, and her persever- medical coverage for mental health nome project and genetic testing ance. Working with her on this bill has care. Today, we will end another form spawned the personalized medicine been a real joy, and I value our part- of discrimination in the workplace and movement, focusing on catching dis- nership and the historic legislation by health insurance companies. eases earlier, when they are cheaper that it has produced. I look forward to The Genetic Information Non- and easier to treat, or, even better, pre- hand delivering this bill to the White discrimination Act protects our neigh- venting the onset of the disease in the House with her. I think that that will bors from being denied health coverage first place. be sooner than later. or being hired or keeping a job based But after investing $3.7 billion in tax- Let me just say I want to highlight a upon their God-given personal genetic payer money to achieve this break- few things and reasons for why we traits. In my district in Tampa, Flor- through, Congress walked away and should pass this rule and why we ida, the University of South Florida left the job undone. We left people should pass this bill. Besides the fact Regional Genetics Program has been without any assurance that their ge- that we invested the $3.7 billion in the doing great work in genetics research. netic information wouldn’t be used human genome, the bill is needed to Now they can do so much more. People against them. So, understandably, so maintain high quality genetic research will be more willing to participate in many avoided this great technology, and clinical trials at NIH. I think we genetics research. The testing, the ge- never realizing the untold health bene- have all emphasized that, that that is netic counseling for families with ge- fits and savings. so important. They don’t have the netic conditions, now they will not be This concern even spilled over to whole body of people getting into the so afraid and hiding because they fear NIH, the National Institutes of Health, clinical trials, which will then I think they would be discriminated against if where fear of genetic discrimination is find the cure for these diseases. someone learned that they might have currently the most common reason for Ninety-three percent of Americans an inclination for breast cancer or dia- not participating in research on poten- believe that insurers and employers betes or some other disease. tially lifesaving genetic testing for should not be able to discriminate The scientific research opportunities breast cancer and colon cancer. based on genetic information. This bill are endless, and under this bill people b 1100 passed the House last year 420–3. It will be protected and employers will passed the Senate last week 95–0. The not be able to request or purchase ge- Fully one-third of those eligible to bill has received three strong SAPs netic information about employees or participate decline to do this for this from the administration. And last their families. Any information found reason, undermining the development year, President Bush said, ‘‘I really indirectly may not be used against an of new treatments and cures. want to make it clear to the Congress employee or disclosed. Further, this Madam Speaker, today Congress is that I hope they pass the legislation legislation would outlaw health insur- here to settle some unfinished business that makes genetic discrimination ille- ance companies’ ability to cancel, and provide Americans the protection gal.’’ Newt Gingrich, who has been a deny, or change the terms of individual against genetic discrimination in strong, strong supporter of genetic plans based upon their genetic back- health insurance and employment that nondiscrimination said, and I quote, ground. they need to utilize genetic testing ‘‘To not have this bill is to cripple our This is a civil rights issue and a pri- without fear. It’s just a great day that ability to save lives.’’ This legislation vacy issue, and this legislation is an we are here now, and it has been a long, is supported by over 500 organizations, absolute necessity to provide protec- long road to this. When you have got including BIO and AHIP. tion for Americans in the workplace three committees of jurisdiction on the With that, I would urge a ‘‘yes’’ vote and within their health coverage. The House side and various committees on on the rule. cost of health care in America is bur- the Senate side, to get all of these com- Ms. SLAUGHTER. Madam Speaker, I densome enough without an added con- mittees together to come up with a am pleased to yield 3 minutes to the cern that coverage may be unethically bill, to craft a bill that everybody can gentlewoman from Florida, a member jeopardized based on genetic informa- agree on and everybody will benefit by of the Rules Committee, Ms. CASTOR. tion. it, it’s just a great day. Ms. CASTOR. Madam Speaker, I rise Madam Speaker, I urge my col- I really came to the floor to speak on today in strong support of the Genetic leagues to support this rule and the un- the rule at this time, to acknowledge Information Nondiscrimination Act, derlying bill and again salute the lead- my good friend and colleague, es- and I would like to thank the chair- ership of Chairwoman LOUISE SLAUGH- teemed colleague and a true leader on woman of the Rules Committee, Chair- TER and Congresswoman JUDY BIGGERT. this issue, the chairman of the Rules woman LOUISE SLAUGHTER, for her Mr. SESSIONS. Madam Speaker, I Committee, Ms. SLAUGHTER. As my col- leadership, for her perseverance in would like to notify the gentlewoman leagues may know, and you just heard moving this critical legislation. She from New York that we do not have from Mr. SESSIONS, Congresswoman has been fighting for the Genetic Infor- any additional speakers at this time, SLAUGHTER first introduced a version mation Nondiscrimination Act for over so we will continue to reserve our time. of this bill in the 104th Congress. For 13 years. So we will herald her leader- Ms. SLAUGHTER. Madam Speaker, I the newest Members of this body, they ship today on behalf of American fami- am pleased to yield 2 minutes to the might not know that was the nineties. lies and all hardworking folks across gentleman from New Jersey (Mr. AN- In 1995, to be exact. this country. DREWS) and thank him for his help. So that Ms. SLAUGHTER introduced I am fortunate to serve on the Com- Mr. ANDREWS. Madam Speaker, I’d this bill at this time, that far back, is mittee on Rules under her leadership. like to thank and congratulate my

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00011 Fmt 0687 Sfmt 0634 E:\BR08\H01MY8.000 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7498 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 May 1, 2008 dear friend from New York for a stellar We know that in the makeup of our In that same press release, Speaker achievement in her stellar work here in humanity is a genetic profile. Re- PELOSI went on to claim, ‘‘Democrats the Congress, and to thank Mrs. searchers and scientists have dem- have a commonsense plan to bring BIGGERT, who has fought with great onstrated what the potential is if in down skyrocketing gas prices.’’ vigor and enthusiasm for this bill. fact, not only through the human ge- Well, I am not sure what they are Madam Speaker, here’s what Ms. nome project, the sequencing, and the waiting for, because even after passing SLAUGHTER and Mrs. BIGGERT have discovery of all that is hidden in it, the no-energy energy bill through the achieved. Somewhere this morning, a what that portends for humanity. But House a number of times, the cost of family is going to get news that a bi- there’s another side of this, and that is the Pelosi premium price increase con- opsy came back with bad news, that a darker side. The darker side is enti- tinues to rise, with the average cost of someone they love has a tumor, and tled: Discrimination. That if that in- gasoline over $3.62, hitting consumers that family is going to go through the formation, our genetic makeup is used at the pump every time they go fill up agony of the next couple of months or by insurers to discriminate against their cars. even years of wondering if that person people. In fact, Madam Speaker, as yester- So today what we are doing is elimi- they love so much is going to live or day’s Politico article Gas Prices Fuel nating that block, that discrimination die. Effort to Jam GOP makes clear, rather that stands in the way of the fullness Now the progress we have made in than seizing the opportunity to create of the potential of our genetic profile this country, thank God, has let many opportunities to do something about and how it can be not only accumu- more of those people live. But the ulti- these high gas prices, to bring in com- lated but used to the benefit of human- mate progress is to get to the genetic monsense, bipartisan, supply-side solu- ity. That is what this legislation rep- puzzle that makes that person suscep- tions to the problem that help con- resents. tible to that tumor in the first place. sumers, the Democrats are using them The way we are going to find the solu- When we pass it and the President signs it into law, this legislation will as a wedge issue, as they see it, to tion to that puzzle is by gathering data score political points, which does noth- by more and more people being willing not only end the discrimination and all that is attendant to it, but that from ing to bring down the high cost of gaso- to share their genetic information with line and only contributes to the Con- the brightest men and women in this this day forward the principles of pre- ventive medicine, the reduction of gress’ abysmal low ratings. country. Madam Speaker, I would suggest to Right now there’s a justifiable fear health care costs, the advancement of you that it really might secretly be that if you share your genetic informa- research, and the saving of lives will be this secret plan. This secret plan, even tion, someone may misuse it to deny the order of the day. though Speaker PELOSI said it was to you a job, deny you an insurance pol- I salute you, my colleague. Well bring down gas prices, I think it is all icy, or hurt you in some other way. done. You have earned your keep in the about raising gas prices closer to $5 a This bill lifts that burden, lifts that Congress. Mr. SESSIONS. Madam Speaker, we gallon. Of course, we know what this fear, and will stimulate millions of will reserve our time. does. This causes an American transfer Americans to voluntarily, privately Ms. SLAUGHTER. I have no further of payments to overseas places, just and safely participate so they can be requests for time. Let me ask my col- like Dubai. It is American consumers part of finding this puzzle. league if he is prepared to close. that are paying for and building Dubai. What Chairwoman SLAUGHTER has Mr. SESSIONS. Yes, ma’am, I am. And the reason why is because the accomplished today, Madam Speaker, Madam Speaker, today I will be ask- Democratic policies have taken off- is that some day is coming, and I hope ing each of my colleagues to vote ‘‘no’’ limits the opportunity for Americans it’s soon, when people will get the right on the previous question to this rule. If to be self-independent, because we answer all the time to that question, the previous question is defeated, I will can’t do our own drilling in this coun- when the cure will be here, the pain amend the rule to make it in order for try, where billions of barrels of oil re- will be gone, and the hope will prevail. the House to consider any amendment side. There’s a lot of things we do in this that would actually do something to chamber that have transitory signifi- By voting ‘‘no’’ on this previous ques- reduce our high gas prices that we have tion, Members can take a stand; a cance. What will happen in a few hours in this country, to help consumers, and will benefit people around the world for stand against the statements that we to require the Speaker of the House to have heard about trying to increase years to come. submit her secret plan to lower gas This is a singular achievement. I con- gasoline prices, but while only taxing prices. oil companies. gratulate the chairwoman. And as a fa- Back on April 24, 2006, over 2 years We demand to see this ‘‘private’’ and ther and a husband, I thank her for ago, Speaker PELOSI issued the fol- ‘‘secret’’ plan to reduce gas prices that what she’s done. lowing statement, which I quote, the Democrats have been hiding from Mr. SESSIONS. We will reserve our ‘‘With skyrocketing gas prices, it is the American people since taking of- time. clear that the American people can no fice and control of Congress. I for one Ms. SLAUGHTER. Madam Speaker, I longer afford the Republican rubber would love to see this plan. But I am am pleased to yield 2 minutes to the stamp Congress and its failure to stand afraid that, much like their other cam- gentlewoman from California, a mem- up to Republican big oil and gas com- paign promises to run the most open, ber of the Energy and Commerce Com- pany cronies. Americans this week are honest and ethical Congress in history, mittee, as Mr. ANDREWS is, Ms. ESHOO, paying $2.91 a gallon on average for it simply does not exist. who saw me through many a bad mo- regular gasoline, 33 cents higher than ment on this bill, and to whom I am ex- last month, and double the price that Madam Speaker, American con- tremely grateful. it was when President Bush first came sumers cannot handle the high prices Ms. ESHOO. I want to first begin by into office.’’ at the pump. We are demanding to saluting our colleague, LOUISE SLAUGH- know what this secret plan is to reduce TER, and Mrs. BIGGERT, who has worked b 1115 gasoline prices below the level of 2 so hard on this. This is really all about Madam Speaker, most Americans years ago. We need help. Americans all the future, except we had to struggle would consider it a blessing if we were across this country will stand behind for 13 years in order to recognize it. only paying $2.91 today for a gallon of those that vote ‘‘no’’ to do something But today, we do. And it is a singular gasoline and the only thing they really now about the problems, rather than extraordinary achievement, not only couldn’t afford is this head-in-the-sand trying to blame it on somebody else. If on the watch of Chairwoman SLAUGH- Democrat Congress that refuses to con- it was Congress’ problem 2 years ago, it TER, but today for the full House to sider or to do anything to solve the certainly should be Congress’ problem pass this legislation. problem. today.

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00012 Fmt 0687 Sfmt 0634 E:\BR08\H01MY8.000 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 7499 Madam Speaker, I ask unanimous is a vote about what the House should be de- GENERAL LEAVE bating. consent to have the text of the amend- Mr. GEORGE MILLER of California. ment and extraneous material placed Mr. Clarence Cannon’s Precedents of the House of Representatives, (VI, 308–311) de- Madam Speaker, I ask unanimous con- in the RECORD just prior to the vote on scribes the vote on the previous question on sent that Members have 5 legislative the previous question. the rule as ‘‘a motion to direct or control the days to revise and extend their re- The SPEAKER pro tempore. Is there consideration of the subject before the House marks and to insert extraneous mate- objection to the request of the gen- being made by the Member in charge.’’ To rial on H.R. 493. tleman from Texas? defeat the previous question is to give the The SPEAKER pro tempore. Is there opposition a chance to decide the subject be- There was no objection. objection to the request of the gen- Mr. SESSIONS. I encourage a ‘‘no’’ fore the House. Cannon cites the Speaker’s tleman from California? vote on the previous question, and I ruling of January 13, 1920, to the effect that There was no objection. yield back the balance of my time. ‘‘the refusal of the House to sustain the de- Ms. SLAUGHTER. Madam Speaker, I mand for the previous question passes the f control of the resolution to the opposition’’ really don’t want to do this, because I in order to offer an amendment. On March GENETIC INFORMATION don’t understand this previous ques- 15, 1909, a member of the majority party of- NONDISCRIMINATION ACT OF 2008 tion on a bill of this importance, but I fered a rule resolution. The House defeated Mr. GEORGE MILLER of California. do need to say, just for the RECORD, the previous question and a member of the Madam Speaker, pursuant to House that Speaker PELOSI has brought to the opposition rose to a parliamentary inquiry, Resolution 1156, I call up the bill (H.R. floor three times bills to lower gas asking who was entitled to recognition. Speaker Joseph G. Cannon (R–Illinois) said: 493) to prohibit discrimination on the prices; to crack down on price gouging, basis of genetic information with re- on holding OPEC accountable, and re- ‘‘The previous question having been refused, the gentleman from New York, Mr. Fitz- spect to health insurance and employ- pealing the subsidies for profit-rich Big gerald, who had asked the gentleman to ment, with a Senate amendment there- Oil. Every time, almost unanimously, yield to him for an amendment, is entitled to to, and ask for its immediate consider- the Republicans in this House voted the first recognition.’’ ation. against it. She has called to stop filling Because the vote today may look bad for The Clerk read the title of the bill. the Democratic majority they will say ‘‘the the Strategic Petroleum Reserve, and The SPEAKER pro tempore. The she has asked for a study on price vote on the previous question is simply a vote on whether to proceed to an immediate Clerk will designate the Senate amend- gouging. ment. Give us some help, for heaven’s sake, vote on adopting the resolution . . . [and] has no substantive legislative or policy implica- The text of the Senate amendment is so we can get this done. In the previous tions whatsoever.’’ But that is not what they as follows: 7 years there was nothing here at all, have always said. Listen to the definition of Senate amendment: except more and more subsidies to Big the previous question used in the Floor Pro- Strike out all after the enacting clause and Oil. cedures Manual published by the Rules Com- insert: mittee in the 109th Congress, (page 56). I urge a ‘‘yes’’ vote on the previous SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Here’s how the Rules Committee described question and on the rule. (a) SHORT TITLE.—This Act may be cited as the rule using information from Congres- The material previously referred to the ‘‘Genetic Information Nondiscrimination Act sional Quarterly’s ‘‘American Congressional by Mr. SESSIONS is as follows: of 2008’’. Dictionary’’: ‘‘If the previous question is de- (b) TABLE OF CONTENTS.—The table of con- AMENDMENT TO H. RES. 1156 feated, control of debate shifts to the leading tents of this Act is as follows: OFFERED BY MR. SESSIONS OF TEXAS opposition member (usually the minority At the end of the resolution, insert the fol- Floor Manager) who then manages an hour Sec. 1. Short title; table of contents. lowing: of debate and may offer a germane amend- Sec. 2. Findings. SEC. 3. Notwithstanding any other provi- ment to the pending business.’’ TITLE I—GENETIC NONDISCRIMINATION sion of this resolution or the operation of the Deschler’s Procedure in the U.S. House of IN HEALTH INSURANCE previous question, it shall be in order to con- Representatives, the subchapter titled Sec. 101. Amendments to Employee Retirement sider any amendment to the Senate amend- ‘‘Amending Special Rules’’ states: ‘‘a refusal Income Security Act of 1974. ment which the proponent asserts, if en- to order the previous question on such a rule Sec. 102. Amendments to the Public Health acted, would have the effect of lowering the [a special rule reported from the Committee Service Act. national average price per gallon of regular on Rules] opens the resolution to amend- Sec. 103. Amendments to the Internal Revenue unleaded gasoline. Such amendments shall ment and further debate.’’ (Chapter 21, sec- Code of 1986. be considered as read, shall be debatable for tion 21.2) Section 21.3 continues: Upon rejec- Sec. 104. Amendments to title XVIII of the So- thirty minutes equally divided and con- tion of the motion for the previous question cial Security Act relating to trolled by the proponent and an opponent, on a resolution reported from the Committee medigap. shall not be subject to amendment, and shall on Rules, control shifts to the Member lead- Sec. 105. Privacy and confidentiality. not be subject to a demand for division of the ing the opposition to the previous question, Sec. 106. Assuring coordination. question in the House or in the Committee of who may offer a proper amendment or mo- TITLE II—PROHIBITING EMPLOYMENT the Whole. All points of order against such tion and who controls the time for debate DISCRIMINATION ON THE BASIS OF GE- amendments are waived except those arising thereon.’’ NETIC INFORMATION under clause 9 of rule XXI. Clearly, the vote on the previous question SEC. 4. Within five legislative days the on a rule does have substantive policy impli- Sec. 201. Definitions. Speaker shall introduce a bill, the title of cations. It is one of the only available tools Sec. 202. Employer practices. which is as follows: ‘‘A bill to provide a com- for those who oppose the Democratic major- Sec. 203. Employment agency practices. mon sense plan to help bring down sky- ity’s agenda and allows those with alter- Sec. 204. Labor organization practices. rocketing gas prices.’’ Such bill shall be re- native views the opportunity to offer an al- Sec. 205. Training programs. ferred to the appropriate committees of ju- ternative plan. Sec. 206. Confidentiality of genetic information. risdiction pursuant to clause 1 of rule X. Ms. SLAUGHTER. I yield back the Sec. 207. Remedies and enforcement. Sec. 208. Disparate impact. balance of my time, and I move the Sec. 209. Construction. (The information contained herein was previous question on the resolution. provided by Democratic Minority on mul- Sec. 210. Medical information that is not ge- tiple occasions throughout the 109th Con- The previous question was ordered. netic information. gress.) The resolution was agreed to. Sec. 211. Regulations. A motion to reconsider was laid on Sec. 212. Authorization of appropriations. THE VOTE ON THE PREVIOUS QUESTION: WHAT the table. Sec. 213. Effective date. IT REALLY MEANS TITLE III—MISCELLANEOUS PROVISIONS This vote, the vote on whether to order the f previous question on a special rule, is not MESSAGE FROM THE PRESIDENT Sec. 301. Severability. merely a procedural vote. A vote against or- Sec. 302. Child labor protections. dering the previous question is a vote A message in writing from the Presi- SEC. 2. FINDINGS. against the Democratic majority agenda and dent of the United States was commu- Congress makes the following findings: a vote to allow the opposition, at least for nicated to the House by Ms. Wanda (1) Deciphering the sequence of the human ge- the moment, to offer an alternative plan. It Evans, one of his secretaries. nome and other advances in genetics open major

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00013 Fmt 0687 Sfmt 6333 E:\BR08\H01MY8.000 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7500 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 May 1, 2008 new opportunities for medical progress. New TITLE I—GENETIC NONDISCRIMINATION ‘‘(A) The request is made, in writing, pursu- knowledge about the genetic basis of illness will IN HEALTH INSURANCE ant to research that complies with part 46 of allow for earlier detection of illnesses, often be- SEC. 101. AMENDMENTS TO EMPLOYEE RETIRE- title 45, Code of Federal Regulations, or equiva- fore symptoms have begun. Genetic testing can MENT INCOME SECURITY ACT OF lent Federal regulations, and any applicable allow individuals to take steps to reduce the 1974. State or local law or regulations for the protec- likelihood that they will contract a particular (a) NO DISCRIMINATION IN GROUP PREMIUMS tion of human subjects in research. disorder. New knowledge about genetics may BASED ON GENETIC INFORMATION.—Section ‘‘(B) The plan or issuer clearly indicates to allow for the development of better therapies 702(b) of the Employee Retirement Income Secu- each participant or beneficiary, or in the case of that are more effective against disease or have rity Act of 1974 (29 U.S.C. 1182(b)) is amended— a minor child, to the legal guardian of such ben- fewer side effects than current treatments. (1) in paragraph (2)(A), by inserting before eficiary, to whom the request is made that— These advances give rise to the potential misuse the semicolon the following: ‘‘except as provided ‘‘(i) compliance with the request is voluntary; of genetic information to discriminate in health in paragraph (3)’’; and and ‘‘(ii) non-compliance will have no effect on insurance and employment. (2) by adding at the end the following: ‘‘(3) NO GROUP-BASED DISCRIMINATION ON enrollment status or premium or contribution (2) The early science of genetics became the BASIS OF GENETIC INFORMATION.— amounts. basis of State laws that provided for the steri- ‘‘(A) IN GENERAL.—For purposes of this sec- ‘‘(C) No genetic information collected or ac- lization of persons having presumed genetic tion, a group health plan, and a health insur- quired under this paragraph shall be used for ‘‘defects’’ such as mental retardation, mental ance issuer offering group health insurance cov- underwriting purposes. disease, epilepsy, blindness, and hearing loss, erage in connection with a group health plan, ‘‘(D) The plan or issuer notifies the Secretary among other conditions. The first sterilization may not adjust premium or contribution in writing that the plan or issuer is conducting law was enacted in the State of Indiana in 1907. amounts for the group covered under such plan activities pursuant to the exception provided for By 1981, a majority of States adopted steriliza- on the basis of genetic information. under this paragraph, including a description of tion laws to ‘‘correct’’ apparent genetic traits or ‘‘(B) RULE OF CONSTRUCTION.—Nothing in the activities conducted. tendencies. Many of these State laws have since subparagraph (A) or in paragraphs (1) and (2) ‘‘(E) The plan or issuer complies with such been repealed, and many have been modified to of subsection (d) shall be construed to limit the other conditions as the Secretary may by regula- include essential constitutional requirements of ability of a health insurance issuer offering tion require for activities conducted under this due process and equal protection. However, the health insurance coverage in connection with a paragraph. ‘‘(d) PROHIBITION ON COLLECTION OF GENETIC current explosion in the science of genetics, and group health plan to increase the premium for INFORMATION.— the history of sterilization laws by the States an employer based on the manifestation of a dis- ‘‘(1) IN GENERAL.—A group health plan, and a ease or disorder of an individual who is enrolled based on early genetic science, compels Congres- health insurance issuer offering health insur- in the plan. In such case, the manifestation of sional action in this area. ance coverage in connection with a group a disease or disorder in one individual cannot (3) Although genes are facially neutral mark- health plan, shall not request, require, or pur- also be used as genetic information about other ers, many genetic conditions and disorders are chase genetic information for underwriting pur- group members and to further increase the pre- associated with particular racial and ethnic poses (as defined in section 733). mium for the employer.’’. groups and gender. Because some genetic traits ‘‘(2) PROHIBITION ON COLLECTION OF GENETIC (b) LIMITATIONS ON GENETIC TESTING; PROHI- are most prevalent in particular groups, mem- INFORMATION PRIOR TO ENROLLMENT.—A group BITION ON COLLECTION OF GENETIC INFORMA- bers of a particular group may be stigmatized or health plan, and a health insurance issuer of- TION; APPLICATION TO ALL PLANS.—Section 702 discriminated against as a result of that genetic fering health insurance coverage in connection of the Employee Retirement Income Security Act with a group health plan, shall not request, re- information. This form of discrimination was of 1974 (29 U.S.C. 1182) is amended by adding at evident in the 1970s, which saw the advent of quire, or purchase genetic information with re- the end the following: spect to any individual prior to such individ- programs to screen and identify carriers of sick- ‘‘(c) GENETIC TESTING.— ual’s enrollment under the plan or coverage in le cell anemia, a disease which afflicts African- ‘‘(1) LIMITATION ON REQUESTING OR REQUIRING connection with such enrollment. Americans. Once again, State legislatures began GENETIC TESTING.—A group health plan, and a ‘‘(3) INCIDENTAL COLLECTION.—If a group to enact discriminatory laws in the area, and in health insurance issuer offering health insur- the early 1970s began mandating genetic screen- health plan, or a health insurance issuer offer- ance coverage in connection with a group ing health insurance coverage in connection ing of all African Americans for sickle cell ane- health plan, shall not request or require an indi- mia, leading to discrimination and unnecessary with a group health plan, obtains genetic infor- vidual or a family member of such individual to mation incidental to the requesting, requiring, fear. To alleviate some of this stigma, Congress undergo a genetic test. in 1972 passed the National Sickle Cell Anemia or purchasing of other information concerning ‘‘(2) RULE OF CONSTRUCTION.—Paragraph (1) any individual, such request, requirement, or Control Act, which withholds Federal funding shall not be construed to limit the authority of from States unless sickle cell testing is vol- purchase shall not be considered a violation of a health care professional who is providing paragraph (2) if such request, requirement, or untary. health care services to an individual to request purchase is not in violation of paragraph (1). (4) Congress has been informed of examples of that such individual undergo a genetic test. ‘‘(e) APPLICATION TO ALL PLANS.—The provi- genetic discrimination in the workplace. These ‘‘(3) RULE OF CONSTRUCTION REGARDING PAY- sions of subsections (a)(1)(F), (b)(3), (c), and include the use of pre-employment genetic MENT.— (d), and subsection (b)(1) and section 701 with screening at Lawrence Berkeley Laboratory, ‘‘(A) IN GENERAL.—Nothing in paragraph (1) respect to genetic information, shall apply to which led to a court decision in favor of the em- shall be construed to preclude a group health group health plans and health insurance issuers ployees in that case Norman-Bloodsaw v. Law- plan, or a health insurance issuer offering without regard to section 732(a).’’. rence Berkeley Laboratory (135 F.3d 1260, 1269 health insurance coverage in connection with a (c) APPLICATION TO GENETIC INFORMATION OF (9th Cir. 1998)). Congress clearly has a compel- group health plan, from obtaining and using the A FETUS OR EMBRYO.—Such section is further ling public interest in relieving the fear of dis- results of a genetic test in making a determina- amended by adding at the end the following: crimination and in prohibiting its actual prac- tion regarding payment (as such term is defined ‘‘(f) GENETIC INFORMATION OF A FETUS OR EM- tice in employment and health insurance. for the purposes of applying the regulations pro- BRYO.—Any reference in this part to genetic in- mulgated by the Secretary of Health and formation concerning an individual or family (5) Federal law addressing genetic discrimina- Human Services under part C of title XI of the member of an individual shall— tion in health insurance and employment is in- Social Security Act and section 264 of the Health ‘‘(1) with respect to such an individual or complete in both the scope and depth of its pro- Insurance Portability and Accountability Act of family member of an individual who is a preg- tections. Moreover, while many States have en- 1996, as may be revised from time to time) con- nant woman, include genetic information of any acted some type of genetic non-discrimination sistent with subsection (a). fetus carried by such pregnant woman; and law, these laws vary widely with respect to their ‘‘(B) LIMITATION.—For purposes of subpara- ‘‘(2) with respect to an individual or family approach, application, and level of protection. graph (A), a group health plan, or a health in- member utilizing an assisted reproductive tech- Congress has collected substantial evidence that surance issuer offering health insurance cov- nology, include genetic information of any em- the American public and the medical community erage in connection with a group health plan, bryo legally held by the individual or family find the existing patchwork of State and Fed- may request only the minimum amount of infor- member.’’. eral laws to be confusing and inadequate to pro- mation necessary to accomplish the intended (d) DEFINITIONS.—Section 733(d) of the Em- tect them from discrimination. Therefore Federal purpose. ployee Retirement Income Security Act of 1974 legislation establishing a national and uniform ‘‘(4) RESEARCH EXCEPTION.—Notwithstanding (29 U.S.C. 1191b(d)) is amended by adding at the basic standard is necessary to fully protect the paragraph (1), a group health plan, or a health end the following: public from discrimination and allay their con- insurance issuer offering health insurance cov- ‘‘(5) FAMILY MEMBER.—The term ‘family mem- cerns about the potential for discrimination, erage in connection with a group health plan, ber’ means, with respect to an individual— thereby allowing individuals to take advantage may request, but not require, that a participant ‘‘(A) a dependent (as such term is used for of genetic testing, technologies, research, and or beneficiary undergo a genetic test if each of purposes of section 701(f)(2)) of such individual, new therapies. the following conditions is met: and

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00014 Fmt 0687 Sfmt 6333 E:\BR08\H01MY8.000 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 7501 ‘‘(B) any other individual who is a first-de- tion 702 or section 701 or 702(b)(1) with respect months after the date of enactment of this Act gree, second-degree, third-degree, or fourth-de- to genetic information, in connection with the to carry out the amendments made by this sec- gree relative of such individual or of an indi- plan. tion. vidual described in subparagraph (A). ‘‘(B) AMOUNT.— (2) EFFECTIVE DATE.—The amendments made ‘‘(6) GENETIC INFORMATION.— ‘‘(i) IN GENERAL.—The amount of the penalty by this section shall apply with respect to group ‘‘(A) IN GENERAL.—The term ‘genetic informa- imposed by subparagraph (A) shall be $100 for health plans for plan years beginning after the tion’ means, with respect to any individual, in- each day in the noncompliance period with re- date that is 1 year after the date of enactment formation about— spect to each participant or beneficiary to whom of this Act. ‘‘(i) such individual’s genetic tests, such failure relates. SEC. 102. AMENDMENTS TO THE PUBLIC HEALTH ‘‘(ii) the genetic tests of family members of ‘‘(ii) NONCOMPLIANCE PERIOD.—For purposes SERVICE ACT. such individual, and of this paragraph, the term ‘noncompliance pe- (a) AMENDMENTS RELATING TO THE GROUP ‘‘(iii) the manifestation of a disease or dis- riod’ means, with respect to any failure, the pe- MARKET.— order in family members of such individual. riod— (1) NO DISCRIMINATION IN GROUP PREMIUMS ‘‘(B) INCLUSION OF GENETIC SERVICES AND PAR- ‘‘(I) beginning on the date such failure first BASED ON GENETIC INFORMATION.—Section TICIPATION IN GENETIC RESEARCH.—Such term occurs; and 2702(b) of the Public Health Service Act (42 includes, with respect to any individual, any re- ‘‘(II) ending on the date the failure is cor- U.S.C. 300gg–1(b)) is amended— quest for, or receipt of, genetic services, or par- rected. (A) in paragraph (2)(A), by inserting before ‘‘(C) MINIMUM PENALTIES WHERE FAILURE DIS ticipation in clinical research which includes ge- - the semicolon the following: ‘‘except as provided netic services, by such individual or any family COVERED.—Notwithstanding clauses (i) and (ii) in paragraph (3)’’; and member of such individual. of subparagraph (D): (B) by adding at the end the following: ‘‘(i) IN GENERAL.—In the case of 1 or more ‘‘(C) EXCLUSIONS.—The term ‘genetic informa- ‘‘(3) NO GROUP-BASED DISCRIMINATION ON failures with respect to a participant or bene- tion’ shall not include information about the sex BASIS OF GENETIC INFORMATION.— ficiary— or age of any individual. ‘‘(A) IN GENERAL.—For purposes of this sec- ‘‘(I) which are not corrected before the date ‘‘(7) GENETIC TEST.— tion, a group health plan, and health insurance on which the plan receives a notice from the ‘‘(A) IN GENERAL.—The term ‘genetic test’ issuer offering group health insurance coverage Secretary of such violation; and means an analysis of human DNA, RNA, chro- ‘‘(II) which occurred or continued during the in connection with a group health plan, may mosomes, proteins, or metabolites, that detects period involved; not adjust premium or contribution amounts for genotypes, mutations, or chromosomal changes. the group covered under such plan on the basis ‘‘(B) EXCEPTIONS.—The term ‘genetic test’ the amount of penalty imposed by subparagraph of genetic information. does not mean— (A) by reason of such failures with respect to ‘‘(B) RULE OF CONSTRUCTION.—Nothing in ‘‘(i) an analysis of proteins or metabolites that such participant or beneficiary shall not be less subparagraph (A) or in paragraphs (1) and (2) does not detect genotypes, mutations, or chro- than $2,500. of subsection (d) shall be construed to limit the mosomal changes; or ‘‘(ii) HIGHER MINIMUM PENALTY WHERE VIOLA- ability of a health insurance issuer offering ‘‘(ii) an analysis of proteins or metabolites TIONS ARE MORE THAN DE MINIMIS.—To the ex- health insurance coverage in connection with a that is directly related to a manifested disease, tent violations for which any person is liable group health plan to increase the premium for disorder, or pathological condition that could under this paragraph for any year are more an employer based on the manifestation of a dis- reasonably be detected by a health care profes- than de minimis, clause (i) shall be applied by ease or disorder of an individual who is enrolled sional with appropriate training and expertise substituting ‘$15,000’ for ‘$2,500’ with respect to in the plan. In such case, the manifestation of in the field of medicine involved. such person. a disease or disorder in one individual cannot ‘‘(D) LIMITATIONS.— ‘‘(8) GENETIC SERVICES.—The term ‘genetic also be used as genetic information about other ‘‘(i) PENALTY NOT TO APPLY WHERE FAILURE services’ means— group members and to further increase the pre- NOT DISCOVERED EXERCISING REASONABLE DILI- ‘‘(A) a genetic test; mium for the employer.’’. GENCE.—No penalty shall be imposed by sub- ‘‘(B) genetic counseling (including obtaining, (2) LIMITATIONS ON GENETIC TESTING; PROHIBI- paragraph (A) on any failure during any period interpreting, or assessing genetic information); TION ON COLLECTION OF GENETIC INFORMATION; for which it is established to the satisfaction of or APPLICATION TO ALL PLANS.—Section 2702 of the the Secretary that the person otherwise liable ‘‘(C) genetic education. Public Health Service Act (42 U.S.C. 300gg–1) is for such penalty did not know, and exercising ‘‘(9) UNDERWRITING PURPOSES.—The term ‘un- amended by adding at the end the following: reasonable diligence would not have known, derwriting purposes’ means, with respect to any ‘‘(c) GENETIC TESTING.— that such failure existed. group health plan, or health insurance coverage ‘‘(1) LIMITATION ON REQUESTING OR REQUIRING ‘‘(ii) PENALTY NOT TO APPLY TO FAILURES COR- offered in connection with a group health GENETIC TESTING.—A group health plan, and a RECTED WITHIN CERTAIN PERIODS.—No penalty plan— health insurance issuer offering health insur- shall be imposed by subparagraph (A) on any ‘‘(A) rules for, or determination of, eligibility ance coverage in connection with a group failure if— (including enrollment and continued eligibility) ‘‘(I) such failure was due to reasonable cause health plan, shall not request or require an indi- for benefits under the plan or coverage; and not to willful neglect; and vidual or a family member of such individual to ‘‘(B) the computation of premium or contribu- ‘‘(II) such failure is corrected during the 30- undergo a genetic test. tion amounts under the plan or coverage; day period beginning on the first date the per- ‘‘(2) RULE OF CONSTRUCTION.—Paragraph (1) ‘‘(C) the application of any pre-existing condi- son otherwise liable for such penalty knew, or shall not be construed to limit the authority of tion exclusion under the plan or coverage; and exercising reasonable diligence would have a health care professional who is providing ‘‘(D) other activities related to the creation, known, that such failure existed. health care services to an individual to request renewal, or replacement of a contract of health ‘‘(iii) OVERALL LIMITATION FOR UNINTEN- that such individual undergo a genetic test. insurance or health benefits.’’. TIONAL FAILURES.—In the case of failures which ‘‘(3) RULE OF CONSTRUCTION REGARDING PAY- (e) ERISA ENFORCEMENT.—Section 502 of the are due to reasonable cause and not to willful MENT.— Employee Retirement Income Security Act of neglect, the penalty imposed by subparagraph ‘‘(A) IN GENERAL.—Nothing in paragraph (1) 1974 (29 U.S.C. 1132) is amended— (A) for failures shall not exceed the amount shall be construed to preclude a group health (1) in subsection (a)(6), by striking ‘‘(7), or equal to the lesser of— plan, or a health insurance issuer offering (8)’’ and inserting ‘‘(7), (8), or (9)’’; ‘‘(I) 10 percent of the aggregate amount paid health insurance coverage in connection with a (2) in subsection (b)(3), by striking ‘‘The Sec- or incurred by the plan sponsor (or predecessor group health plan, from obtaining and using the retary’’ and inserting ‘‘Except as provided in plan sponsor) during the preceding taxable year results of a genetic test in making a determina- subsections (c)(9) and (a)(6) (with respect to col- for group health plans; or tion regarding payment (as such term is defined lecting civil penalties under subsection (c)(9)), ‘‘(II) $500,000. for the purposes of applying the regulations pro- the Secretary’’; and ‘‘(E) WAIVER BY SECRETARY.—In the case of a mulgated by the Secretary under part C of title (3) in subsection (c), by redesignating para- failure which is due to reasonable cause and not XI of the Social Security Act and section 264 of graph (9) as paragraph (10), and by inserting to willful neglect, the Secretary may waive part the Health Insurance Portability and Account- after paragraph (8) the following new para- or all of the penalty imposed by subparagraph ability Act of 1996, as may be revised from time graph: (A) to the extent that the payment of such pen- to time) consistent with subsection (a). ‘‘(9) SECRETARIAL ENFORCEMENT AUTHORITY alty would be excessive relative to the failure in- ‘‘(B) LIMITATION.—For purposes of subpara- RELATING TO USE OF GENETIC INFORMATION.— volved. graph (A), a group health plan, or a health in- ‘‘(A) GENERAL RULE.—The Secretary may im- ‘‘(F) DEFINITIONS.—Terms used in this para- surance issuer offering health insurance cov- pose a penalty against any plan sponsor of a graph which are defined in section 733 shall erage in connection with a group health plan, group health plan, or any health insurance have the meanings provided such terms in such may request only the minimum amount of infor- issuer offering health insurance coverage in section.’’. mation necessary to accomplish the intended connection with the plan, for any failure by (f) REGULATIONS AND EFFECTIVE DATE.— purpose. such sponsor or issuer to meet the requirements (1) REGULATIONS.—The Secretary of Labor ‘‘(4) RESEARCH EXCEPTION.—Notwithstanding of subsection (a)(1)(F), (b)(3), (c), or (d) of sec- shall issue final regulations not later than 12 paragraph (1), a group health plan, or a health

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insurance issuer offering health insurance cov- ‘‘(15) FAMILY MEMBER.—The term ‘family ‘‘(i) IN GENERAL.—The amount of the penalty erage in connection with a group health plan, member’ means, with respect to any individual— imposed under this paragraph shall be $100 for may request, but not require, that a participant ‘‘(A) a dependent (as such term is used for each day in the noncompliance period with re- or beneficiary undergo a genetic test if each of purposes of section 2701(f)(2)) of such indi- spect to each participant or beneficiary to whom the following conditions is met: vidual; and such failure relates. ‘‘(A) The request is made pursuant to research ‘‘(B) any other individual who is a first-de- ‘‘(ii) NONCOMPLIANCE PERIOD.—For purposes that complies with part 46 of title 45, Code of gree, second-degree, third-degree, or fourth-de- of this paragraph, the term ‘noncompliance pe- Federal Regulations, or equivalent Federal reg- gree relative of such individual or of an indi- riod’ means, with respect to any failure, the pe- ulations, and any applicable State or local law vidual described in subparagraph (A). riod— or regulations for the protection of human sub- ‘‘(16) GENETIC INFORMATION.— ‘‘(I) beginning on the date such failure first jects in research. ‘‘(A) IN GENERAL.—The term ‘genetic informa- occurs; and ‘‘(B) The plan or issuer clearly indicates to tion’ means, with respect to any individual, in- ‘‘(II) ending on the date the failure is cor- each participant or beneficiary, or in the case of formation about— rected. a minor child, to the legal guardian of such ben- ‘‘(i) such individual’s genetic tests, ‘‘(C) MINIMUM PENALTIES WHERE FAILURE DIS- eficiary, to whom the request is made that— ‘‘(ii) the genetic tests of family members of COVERED.—Notwithstanding clauses (i) and (ii) ‘‘(i) compliance with the request is voluntary; such individual, and of subparagraph (D): ‘‘(i) IN GENERAL.—In the case of 1 or more and ‘‘(iii) the manifestation of a disease or dis- failures with respect to an individual— ‘‘(ii) non-compliance will have no effect on order in family members of such individual. ‘‘(I) which are not corrected before the date enrollment status or premium or contribution ‘‘(B) INCLUSION OF GENETIC SERVICES AND PAR- on which the plan receives a notice from the amounts. TICIPATION IN GENETIC RESEARCH.—Such term Secretary of such violation; and ‘‘(C) No genetic information collected or ac- includes, with respect to any individual, any re- ‘‘(II) which occurred or continued during the quired under this paragraph shall be used for quest for, or receipt of, genetic services, or par- period involved; underwriting purposes. ticipation in clinical research which includes ge- the amount of penalty imposed by subparagraph ‘‘(D) The plan or issuer notifies the Secretary netic services, by such individual or any family (A) by reason of such failures with respect to in writing that the plan or issuer is conducting member of such individual. such individual shall not be less than $2,500. activities pursuant to the exception provided for ‘‘(C) EXCLUSIONS.—The term ‘genetic informa- ‘‘(ii) HIGHER MINIMUM PENALTY WHERE VIOLA- under this paragraph, including a description of tion’ shall not include information about the sex TIONS ARE MORE THAN DE MINIMIS.—To the ex- the activities conducted. or age of any individual. tent violations for which any person is liable ‘‘(E) The plan or issuer complies with such ‘‘(17) GENETIC TEST.— under this paragraph for any year are more other conditions as the Secretary may by regula- ‘‘(A) IN GENERAL.—The term ‘genetic test’ than de minimis, clause (i) shall be applied by tion require for activities conducted under this means an analysis of human DNA, RNA, chro- substituting ‘$15,000’ for ‘$2,500’ with respect to paragraph. mosomes, proteins, or metabolites, that detects such person. ‘‘(d) PROHIBITION ON COLLECTION OF GENETIC genotypes, mutations, or chromosomal changes. ‘‘(D) LIMITATIONS.— INFORMATION.— ‘‘(B) EXCEPTIONS.—The term ‘genetic test’ ‘‘(i) PENALTY NOT TO APPLY WHERE FAILURE ‘‘(1) IN GENERAL.—A group health plan, and a does not mean— NOT DISCOVERED EXERCISING REASONABLE DILI- health insurance issuer offering health insur- ‘‘(i) an analysis of proteins or metabolites that GENCE.—No penalty shall be imposed by sub- ance coverage in connection with a group does not detect genotypes, mutations, or chro- paragraph (A) on any failure during any period health plan, shall not request, require, or pur- mosomal changes; or for which it is established to the satisfaction of chase genetic information for underwriting pur- ‘‘(ii) an analysis of proteins or metabolites the Secretary that the person otherwise liable poses (as defined in section 2791). that is directly related to a manifested disease, for such penalty did not know, and exercising ‘‘(2) PROHIBITION ON COLLECTION OF GENETIC disorder, or pathological condition that could reasonable diligence would not have known, INFORMATION PRIOR TO ENROLLMENT.—A group reasonably be detected by a health care profes- that such failure existed. health plan, and a health insurance issuer of- sional with appropriate training and expertise ‘‘(ii) PENALTY NOT TO APPLY TO FAILURES COR- fering health insurance coverage in connection in the field of medicine involved. RECTED WITHIN CERTAIN PERIODS.—No penalty with a group health plan, shall not request, re- ‘‘(18) GENETIC SERVICES.—The term ‘genetic shall be imposed by subparagraph (A) on any quire, or purchase genetic information with re- services’ means— failure if— spect to any individual prior to such individ- ‘‘(A) a genetic test; ‘‘(I) such failure was due to reasonable cause ual’s enrollment under the plan or coverage in ‘‘(B) genetic counseling (including obtaining, and not to willful neglect; and connection with such enrollment. interpreting, or assessing genetic information); ‘‘(II) such failure is corrected during the 30- ‘‘(3) INCIDENTAL COLLECTION.—If a group or day period beginning on the first date the per- health plan, or a health insurance issuer offer- ‘‘(C) genetic education. son otherwise liable for such penalty knew, or ing health insurance coverage in connection ‘‘(19) UNDERWRITING PURPOSES.—The term exercising reasonable diligence would have with a group health plan, obtains genetic infor- ‘underwriting purposes’ means, with respect to known, that such failure existed. mation incidental to the requesting, requiring, any group health plan, or health insurance cov- ‘‘(iii) OVERALL LIMITATION FOR UNINTEN- or purchasing of other information concerning erage offered in connection with a group health TIONAL FAILURES.—In the case of failures which any individual, such request, requirement, or plan— are due to reasonable cause and not to willful purchase shall not be considered a violation of ‘‘(A) rules for, or determination of, eligibility neglect, the penalty imposed by subparagraph paragraph (2) if such request, requirement, or (including enrollment and continued eligibility) (A) for failures shall not exceed the amount purchase is not in violation of paragraph (1). for benefits under the plan or coverage; equal to the lesser of— ‘‘(e) APPLICATION TO ALL PLANS.—The provi- ‘‘(B) the computation of premium or contribu- ‘‘(I) 10 percent of the aggregate amount paid sions of subsections (a)(1)(F), (b)(3), (c) , and tion amounts under the plan or coverage; or incurred by the employer (or predecessor em- (d) and subsection (b)(1) and section 2701 with ‘‘(C) the application of any pre-existing condi- ployer) during the preceding taxable year for respect to genetic information, shall apply to tion exclusion under the plan or coverage; and group health plans; or group health plans and health insurance issuers ‘‘(D) other activities related to the creation, ‘‘(II) $500,000. ‘‘(E) WAIVER BY SECRETARY.—In the case of a without regard to section 2721(a).’’. renewal, or replacement of a contract of health failure which is due to reasonable cause and not (3) APPLICATION TO GENETIC INFORMATION OF insurance or health benefits.’’. to willful neglect, the Secretary may waive part A FETUS OR EMBRYO.—Such section is further (5) REMEDIES AND ENFORCEMENT.—Section or all of the penalty imposed by subparagraph amended by adding at the end the following: 2722(b) of the Public Health Service Act (42 (A) to the extent that the payment of such pen- ‘‘(f) GENETIC INFORMATION OF A FETUS OR EM- U.S.C. 300gg–22(b)) is amended by adding at the alty would be excessive relative to the failure in- BRYO.—Any reference in this part to genetic in- end the following: volved.’’. formation concerning an individual or family ‘‘(3) ENFORCEMENT AUTHORITY RELATING TO (b) AMENDMENT RELATING TO THE INDIVIDUAL member of an individual shall— GENETIC DISCRIMINATION.— MARKET.— ‘‘(1) with respect to such an individual or ‘‘(A) GENERAL RULE.—In the cases described (1) IN GENERAL.—The first subpart 3 of part B family member of an individual who is a preg- in paragraph (1), notwithstanding the provi- of title XXVII of the Public Health Service Act nant woman, include genetic information of any sions of paragraph (2)(C), the succeeding sub- (42 U.S.C. 300gg–51 et seq.) (relating to other re- fetus carried by such pregnant woman; and paragraphs of this paragraph shall apply with quirements) is amended— ‘‘(2) with respect to an individual or family respect to an action under this subsection by the (A) by redesignating such subpart as subpart member utilizing an assisted reproductive tech- Secretary with respect to any failure of a health 2; and nology, include genetic information of any em- insurance issuer in connection with a group (B) by adding at the end the following: bryo legally held by the individual or family health plan, to meet the requirements of sub- ‘‘SEC. 2753. PROHIBITION OF HEALTH DISCRIMI- member.’’. section (a)(1)(F), (b)(3), (c), or (d) of section 2702 NATION ON THE BASIS OF GENETIC (4) DEFINITIONS.—Section 2791(d) of the Public or section 2701 or 2702(b)(1) with respect to ge- INFORMATION. Health Service Act (42 U.S.C. 300gg–91(d)) is netic information in connection with the plan. ‘‘(a) PROHIBITION ON GENETIC INFORMATION amended by adding at the end the following: ‘‘(B) AMOUNT.— AS A CONDITION OF ELIGIBILITY.—

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‘‘(1) IN GENERAL.—A health insurance issuer health insurance coverage in the individual surance coverage in the individual market in a offering health insurance coverage in the indi- market may request only the minimum amount State as the Secretary has under section vidual market may not establish rules for the of information necessary to accomplish the in- 2722(b)(2), and section 2722(b)(3) with respect to eligibility (including continued eligibility) of tended purpose. violations of genetic nondiscrimination provi- any individual to enroll in individual health in- ‘‘(4) RESEARCH EXCEPTION.—Notwithstanding sions, in relation to the enforcement of the pro- surance coverage based on genetic information. paragraph (1), a health insurance issuer offer- visions of part A with respect to issuers of ‘‘(2) RULE OF CONSTRUCTION.—Nothing in ing health insurance coverage in the individual health insurance coverage in the small group paragraph (1) or in paragraphs (1) and (2) of market may request, but not require, that an in- market in the State.’’. subsection (e) shall be construed to preclude a dividual or a family member of such individual (c) ELIMINATION OF OPTION OF NON-FEDERAL health insurance issuer from establishing rules undergo a genetic test if each of the following GOVERNMENTAL PLANS TO BE EXCEPTED FROM for eligibility for an individual to enroll in indi- conditions is met: REQUIREMENTS CONCERNING GENETIC INFORMA- vidual health insurance coverage based on the ‘‘(A) The request is made pursuant to research TION.—Section 2721(b)(2) of the Public Health manifestation of a disease or disorder in that in- that complies with part 46 of title 45, Code of Service Act (42 U.S.C. 300gg–21(b)(2)) is amend- dividual, or in a family member of such indi- Federal Regulations, or equivalent Federal reg- ed— vidual where such family member is covered ulations, and any applicable State or local law (1) in subparagraph (A), by striking ‘‘If the under the policy that covers such individual. or regulations for the protection of human sub- plan sponsor’’ and inserting ‘‘Except as pro- ‘‘(b) PROHIBITION ON GENETIC INFORMATION IN jects in research. vided in subparagraph (D), if the plan spon- SETTING PREMIUM RATES.— ‘‘(B) The issuer clearly indicates to each indi- sor’’; and ‘‘(1) IN GENERAL.—A health insurance issuer vidual, or in the case of a minor child, to the (2) by adding at the end the following: offering health insurance coverage in the indi- legal guardian of such child, to whom the re- ‘‘(D) ELECTION NOT APPLICABLE TO REQUIRE- vidual market shall not adjust premium or con- quest is made that— MENTS CONCERNING GENETIC INFORMATION.—The tribution amounts for an individual on the basis ‘‘(i) compliance with the request is voluntary; election described in subparagraph (A) shall not of genetic information concerning the individual and be available with respect to the provisions of or a family member of the individual. ‘‘(ii) non-compliance will have no effect on subsections (a)(1)(F), (b)(3), (c), and (d) of sec- ‘‘(2) RULE OF CONSTRUCTION.—Nothing in enrollment status or premium or contribution tion 2702 and the provisions of sections 2701 and paragraph (1) or in paragraphs (1) and (2) of amounts. 2702(b) to the extent that such provisions apply subsection (e) shall be construed to preclude a ‘‘(C) No genetic information collected or ac- to genetic information.’’. health insurance issuer from adjusting premium quired under this paragraph shall be used for (d) REGULATIONS AND EFFECTIVE DATE.— or contribution amounts for an individual on underwriting purposes. (1) REGULATIONS.—Not later than 12 months the basis of a manifestation of a disease or dis- ‘‘(D) The issuer notifies the Secretary in writ- after the date of enactment of this Act, the Sec- order in that individual, or in a family member ing that the issuer is conducting activities pur- retary of Health and Human Services shall issue of such individual where such family member is suant to the exception provided for under this final regulations to carry out the amendments covered under the policy that covers such indi- paragraph, including a description of the activi- made by this section. (2) EFFECTIVE DATE.—The amendments made vidual. In such case, the manifestation of a dis- ties conducted. by this section shall apply— ease or disorder in one individual cannot also be ‘‘(E) The issuer complies with such other con- (A) with respect to group health plans, and used as genetic information about other individ- ditions as the Secretary may by regulation re- health insurance coverage offered in connection uals covered under the policy issued to such in- quire for activities conducted under this para- with group health plans, for plan years begin- dividual and to further increase premiums or graph. ning after the date that is 1 year after the date contribution amounts. ‘‘(e) PROHIBITION ON COLLECTION OF GENETIC of enactment of this Act; and ROHIBITION ON GENETIC INFORMATION AS INFORMATION.— ‘‘(c) P (B) with respect to health insurance coverage PREEXISTING CONDITION.— ‘‘(1) IN GENERAL.—A health insurance issuer offered, sold, issued, renewed, in effect, or oper- ‘‘(1) IN GENERAL.—A health insurance issuer offering health insurance coverage in the indi- ated in the individual market after the date that offering health insurance coverage in the indi- vidual market shall not request, require, or pur- is 1 year after the date of enactment of this Act. vidual market may not, on the basis of genetic chase genetic information for underwriting pur- information, impose any preexisting condition poses (as defined in section 2791). SEC. 103. AMENDMENTS TO THE INTERNAL REV- ENUE CODE OF 1986. exclusion (as defined in section 2701(b)(1)(A)) ‘‘(2) PROHIBITION ON COLLECTION OF GENETIC (a) NO DISCRIMINATION IN GROUP PREMIUMS with respect to such coverage. INFORMATION PRIOR TO ENROLLMENT.—A health BASED ON GENETIC INFORMATION.—Subsection ULE OF CONSTRUCTION.—Nothing in ‘‘(2) R insurance issuer offering health insurance cov- (b) of section 9802 of the Internal Revenue Code paragraph (1) or in paragraphs (1) and (2) of erage in the individual market shall not request, of 1986 is amended— subsection (e) shall be construed to preclude a require, or purchase genetic information with (1) in paragraph (2)(A), by inserting before health insurance issuer from imposing any pre- respect to any individual prior to such individ- the semicolon the following: ‘‘except as provided existing condition exclusion for an individual ual’s enrollment under the plan in connection in paragraph (3)’’; and with respect to health insurance coverage on the with such enrollment. (2) by adding at the end the following: basis of a manifestation of a disease or disorder ‘‘(3) INCIDENTAL COLLECTION.—If a health in- ‘‘(3) NO GROUP-BASED DISCRIMINATION ON in that individual. surance issuer offering health insurance cov- BASIS OF GENETIC INFORMATION.— ‘‘(d) GENETIC TESTING.— erage in the individual market obtains genetic ‘‘(A) IN GENERAL.—For purposes of this sec- ‘‘(1) LIMITATION ON REQUESTING OR REQUIRING information incidental to the requesting, requir- tion, a group health plan may not adjust pre- GENETIC TESTING.—A health insurance issuer of- ing, or purchasing of other information con- mium or contribution amounts for the group fering health insurance coverage in the indi- cerning any individual, such request, require- covered under such plan on the basis of genetic vidual market shall not request or require an in- ment, or purchase shall not be considered a vio- information. dividual or a family member of such individual lation of paragraph (2) if such request, require- ‘‘(B) RULE OF CONSTRUCTION.—Nothing in to undergo a genetic test. ment, or purchase is not in violation of para- subparagraph (A) or in paragraphs (1) and (2) ‘‘(2) RULE OF CONSTRUCTION.—Paragraph (1) graph (1). of subsection (d) shall be construed to limit the shall not be construed to limit the authority of ‘‘(f) GENETIC INFORMATION OF A FETUS OR EM- ability of a group health plan to increase the a health care professional who is providing BRYO.—Any reference in this part to genetic in- premium for an employer based on the mani- health care services to an individual to request formation concerning an individual or family festation of a disease or disorder of an indi- that such individual undergo a genetic test. member of an individual shall— vidual who is enrolled in the plan. In such case, ‘‘(3) RULE OF CONSTRUCTION REGARDING PAY- ‘‘(1) with respect to such an individual or the manifestation of a disease or disorder in one MENT.— family member of an individual who is a preg- individual cannot also be used as genetic infor- ‘‘(A) IN GENERAL.—Nothing in paragraph (1) nant woman, include genetic information of any mation about other group members and to fur- shall be construed to preclude a health insur- fetus carried by such pregnant woman; and ther increase the premium for the employer.’’. ance issuer offering health insurance coverage ‘‘(2) with respect to an individual or family (b) LIMITATIONS ON GENETIC TESTING; PROHI- in the individual market from obtaining and member utilizing an assisted reproductive tech- BITION ON COLLECTION OF GENETIC INFORMA- using the results of a genetic test in making a nology, include genetic information of any em- TION; APPLICATION TO ALL PLANS.—Section 9802 determination regarding payment (as such term bryo legally held by the individual or family of such Code is amended by redesignating sub- is defined for the purposes of applying the regu- member.’’. section (c) as subsection (f) and by inserting lations promulgated by the Secretary under part (2) REMEDIES AND ENFORCEMENT.—Section after subsection (b) the following new sub- C of title XI of the Social Security Act and sec- 2761(b) of the Public Health Service Act (42 sections: tion 264 of the Health Insurance Portability and U.S.C. 300gg–61(b)) is amended to read as fol- ‘‘(c) GENETIC TESTING.— Accountability Act of 1996, as may be revised lows: ‘‘(1) LIMITATION ON REQUESTING OR REQUIRING from time to time) consistent with subsection (a) ‘‘(b) SECRETARIAL ENFORCEMENT AUTHOR- GENETIC TESTING.—A group health plan may not and (c). ITY.—The Secretary shall have the same author- request or require an individual or a family ‘‘(B) LIMITATION.—For purposes of subpara- ity in relation to enforcement of the provisions member of such individual to undergo a genetic graph (A), a health insurance issuer offering of this part with respect to issuers of health in- test.

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00017 Fmt 0687 Sfmt 6333 E:\BR08\H01MY8.000 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7504 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 May 1, 2008

‘‘(2) RULE OF CONSTRUCTION.—Paragraph (1) ‘‘(f) GENETIC INFORMATION OF A FETUS OR EM- general provisions) is amended by adding at the shall not be construed to limit the authority of BRYO.—Any reference in this chapter to genetic end the following new section: a health care professional who is providing information concerning an individual or family ‘‘SEC. 9834. ENFORCEMENT. health care services to an individual to request member of an individual shall— ‘‘For the imposition of tax on any failure of a that such individual undergo a genetic test. ‘‘(1) with respect to such an individual or group health plan to meet the requirements of ‘‘(3) RULE OF CONSTRUCTION REGARDING PAY- family member of an individual who is a preg- this chapter, see section 4980D.’’. MENT.— nant woman, include genetic information of any (2) CONFORMING AMENDMENT.—The table of ‘‘(A) IN GENERAL.—Nothing in paragraph (1) fetus carried by such pregnant woman; and sections for subchapter C of chapter 100 of such shall be construed to preclude a group health ‘‘(2) with respect to an individual or family Code is amended by adding at the end the fol- plan from obtaining and using the results of a member utilizing an assisted reproductive tech- lowing new item: genetic test in making a determination regard- nology, include genetic information of any em- ‘‘Sec. 9834. Enforcement.’’. ing payment (as such term is defined for the bryo legally held by the individual or family (f) REGULATIONS AND EFFECTIVE DATE.— purposes of applying the regulations promul- member.’’. (1) REGULATIONS.—The Secretary of the gated by the Secretary of Health and Human (d) DEFINITIONS.—Subsection (d) of section Treasury shall issue final regulations or other Services under part C of title XI of the Social 9832 of such Code is amended by adding at the guidance not later than 12 months after the date Security Act and section 264 of the Health In- end the following: of the enactment of this Act to carry out the surance Portability and Accountability Act of ‘‘(6) FAMILY MEMBER.—The term ‘family mem- amendments made by this section. 1996, as may be revised from time to time) con- ber’ means, with respect to any individual— (2) EFFECTIVE DATE.—The amendments made sistent with subsection (a). ‘‘(A) a dependent (as such term is used for by this section shall apply with respect to group ‘‘(B) LIMITATION.—For purposes of subpara- purposes of section 9801(f)(2)) of such indi- health plans for plan years beginning after the graph (A), a group health plan may request vidual, and date that is 1 year after the date of the enact- only the minimum amount of information nec- ‘‘(B) any other individual who is a first-de- ment of this Act. essary to accomplish the intended purpose. gree, second-degree, third-degree, or fourth-de- SEC. 104. AMENDMENTS TO TITLE XVIII OF THE ‘‘(4) RESEARCH EXCEPTION.—Notwithstanding gree relative of such individual or of an indi- vidual described in subparagraph (A). SOCIAL SECURITY ACT RELATING TO paragraph (1), a group health plan may request, MEDIGAP. but not require, that a participant or bene- ‘‘(7) GENETIC INFORMATION.— ‘‘(A) IN GENERAL.—The term ‘genetic informa- (a) NONDISCRIMINATION.—Section 1882(s)(2) of ficiary undergo a genetic test if each of the fol- the Social Security Act (42 U.S.C. 1395ss(s)(2)) is lowing conditions is met: tion’ means, with respect to any individual, in- formation about— amended by adding at the end the following: ‘‘(A) The request is made pursuant to research ‘‘(E) An issuer of a medicare supplemental that complies with part 46 of title 45, Code of ‘‘(i) such individual’s genetic tests, ‘‘(ii) the genetic tests of family members of policy shall not deny or condition the issuance Federal Regulations, or equivalent Federal reg- or effectiveness of the policy (including the im- ulations, and any applicable State or local law such individual, and ‘‘(iii) the manifestation of a disease or dis- position of any exclusion of benefits under the or regulations for the protection of human sub- policy based on a pre-existing condition) and jects in research. order in family members of such individual. ‘‘(B) INCLUSION OF GENETIC SERVICES AND PAR- shall not discriminate in the pricing of the pol- ‘‘(B) The plan clearly indicates to each partic- TICIPATION IN GENETIC RESEARCH.—Such term icy (including the adjustment of premium rates) ipant or beneficiary, or in the case of a minor includes, with respect to any individual, any re- of an individual on the basis of the genetic in- child, to the legal guardian of such beneficiary, quest for, or receipt of, genetic services, or par- formation with respect to such individual. to whom the request is made that— ticipation in clinical research which includes ge- ‘‘(F) RULE OF CONSTRUCTION.—Nothing in ‘‘(i) compliance with the request is voluntary; netic services, by such individual or any family subparagraph (E) or in subparagraphs (A) or and member of such individual. (B) of subsection (x)(2) shall be construed to ‘‘(ii) non-compliance will have no effect on ‘‘(C) EXCLUSIONS.—The term ‘genetic informa- limit the ability of an issuer of a medicare sup- enrollment status or premium or contribution tion’ shall not include information about the sex plemental policy from, to the extent otherwise amounts. or age of any individual. permitted under this title— ‘‘(C) No genetic information collected or ac- ‘‘(8) GENETIC TEST.— ‘‘(i) denying or conditioning the issuance or quired under this paragraph shall be used for ‘‘(A) IN GENERAL.—The term ‘genetic test’ effectiveness of the policy or increasing the pre- underwriting purposes. means an analysis of human DNA, RNA, chro- mium for an employer based on the manifesta- ‘‘(D) The plan notifies the Secretary in writ- mosomes, proteins, or metabolites, that detects tion of a disease or disorder of an individual ing that the plan is conducting activities pursu- genotypes, mutations, or chromosomal changes. who is covered under the policy; or ant to the exception provided for under this ‘‘(B) EXCEPTIONS.—The term ‘genetic test’ ‘‘(ii) increasing the premium for any policy paragraph, including a description of the activi- does not mean— issued to an individual based on the manifesta- ties conducted. ‘‘(i) an analysis of proteins or metabolites that tion of a disease or disorder of an individual ‘‘(E) The plan complies with such other condi- does not detect genotypes, mutations, or chro- who is covered under the policy (in such case, tions as the Secretary may by regulation require mosomal changes, or the manifestation of a disease or disorder in one for activities conducted under this paragraph. ‘‘(ii) an analysis of proteins or metabolites individual cannot also be used as genetic infor- ‘‘(d) PROHIBITION ON COLLECTION OF GENETIC that is directly related to a manifested disease, mation about other group members and to fur- INFORMATION.— disorder, or pathological condition that could ther increase the premium for the employer).’’. ‘‘(1) IN GENERAL.—A group health plan shall reasonably be detected by a health care profes- (b) LIMITATIONS ON GENETIC TESTING AND GE- not request, require, or purchase genetic infor- sional with appropriate training and expertise NETIC INFORMATION.— mation for underwriting purposes (as defined in in the field of medicine involved. (1) IN GENERAL.—Section 1882 of the Social Se- section 9832). ‘‘(9) GENETIC SERVICES.—The term ‘genetic curity Act (42 U.S.C. 1395ss) is amended by add- ‘‘(2) PROHIBITION ON COLLECTION OF GENETIC services’ means— ing at the end the following: INFORMATION PRIOR TO ENROLLMENT.—A group ‘‘(A) a genetic test; ‘‘(x) LIMITATIONS ON GENETIC TESTING AND IN- health plan shall not request, require, or pur- ‘‘(B) genetic counseling (including obtaining, FORMATION.— chase genetic information with respect to any interpreting, or assessing genetic information); ‘‘(1) GENETIC TESTING.— individual prior to such individual’s enrollment or ‘‘(A) LIMITATION ON REQUESTING OR REQUIR- under the plan or in connection with such en- ‘‘(C) genetic education. ING GENETIC TESTING.—An issuer of a medicare rollment. ‘‘(10) UNDERWRITING PURPOSES.—The term supplemental policy shall not request or require ‘‘(3) INCIDENTAL COLLECTION.—If a group ‘underwriting purposes’ means, with respect to an individual or a family member of such indi- health plan obtains genetic information inci- any group health plan, or health insurance cov- vidual to undergo a genetic test. dental to the requesting, requiring, or pur- erage offered in connection with a group health ‘‘(B) RULE OF CONSTRUCTION.—Subparagraph chasing of other information concerning any in- plan— (A) shall not be construed to limit the authority dividual, such request, requirement, or purchase ‘‘(A) rules for, or determination of, eligibility of a health care professional who is providing shall not be considered a violation of paragraph (including enrollment and continued eligibility) health care services to an individual to request (2) if such request, requirement, or purchase is for benefits under the plan or coverage; that such individual undergo a genetic test. not in violation of paragraph (1). ‘‘(B) the computation of premium or contribu- ‘‘(C) RULE OF CONSTRUCTION REGARDING PAY- ‘‘(e) APPLICATION TO ALL PLANS.—The provi- tion amounts under the plan or coverage; MENT.— sions of subsections (a)(1)(F), (b)(3), (c), and (d) ‘‘(C) the application of any pre-existing condi- ‘‘(i) IN GENERAL.—Nothing in subparagraph and subsection (b)(1) and section 9801 with re- tion exclusion under the plan or coverage; and (A) shall be construed to preclude an issuer of spect to genetic information, shall apply to ‘‘(D) other activities related to the creation, a medicare supplemental policy from obtaining group health plans without regard to section renewal, or replacement of a contract of health and using the results of a genetic test in making 9831(a)(2).’’. insurance or health benefits.’’. a determination regarding payment (as such (c) APPLICATION TO GENETIC INFORMATION OF (e) ENFORCEMENT.— term is defined for the purposes of applying the A FETUS OR EMBRYO.—Such section is further (1) IN GENERAL.—Subchapter C of chapter 100 regulations promulgated by the Secretary under amended by adding at the end the following: of the Internal Revenue Code of 1986 (relating to part C of title XI and section 264 of the Health

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00018 Fmt 0687 Sfmt 6333 E:\BR08\H01MY8.000 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 7505 Insurance Portability and Accountability Act of includes, with respect to any individual, any re- ance with the requirements of section 1882 of the 1996, as may be revised from time to time) con- quest for, or receipt of, genetic services, or par- Social Security Act due solely to failure to make sistent with subsection (s)(2)(E). ticipation in clinical research which includes ge- such change until the date specified in para- ‘‘(ii) LIMITATION.—For purposes of clause (i), netic services, by such individual or any family graph (4). an issuer of a medicare supplemental policy may member of such individual. (2) NAIC STANDARDS.—If, not later than June request only the minimum amount of informa- ‘‘(iii) EXCLUSIONS.—The term ‘genetic infor- 30, 2008, the National Association of Insurance tion necessary to accomplish the intended pur- mation’ shall not include information about the Commissioners (in this subsection referred to as pose. sex or age of any individual. the ‘‘NAIC’’) modifies its NAIC Model Regula- ‘‘(D) RESEARCH EXCEPTION.—Notwithstanding ‘‘(C) GENETIC TEST.— tion relating to section 1882 of the Social Secu- subparagraph (A), an issuer of a medicare sup- ‘‘(i) IN GENERAL.—The term ‘genetic test’ rity Act (referred to in such section as the 1991 plemental policy may request, but not require, means an analysis of human DNA, RNA, chro- NAIC Model Regulation, as subsequently modi- that an individual or a family member of such mosomes, proteins, or metabolites, that detects fied) to conform to the amendments made by this individual undergo a genetic test if each of the genotypes, mutations, or chromosomal changes. section, such revised regulation incorporating following conditions is met: ‘‘(ii) EXCEPTIONS.—The term ‘genetic test’ the modifications shall be considered to be the ‘‘(i) The request is made pursuant to research does not mean— applicable NAIC model regulation (including the that complies with part 46 of title 45, Code of ‘‘(I) an analysis of proteins or metabolites revised NAIC model regulation and the 1991 Federal Regulations, or equivalent Federal reg- that does not detect genotypes, mutations, or NAIC Model Regulation) for the purposes of ulations, and any applicable State or local law chromosomal changes; or such section. or regulations for the protection of human sub- ‘‘(II) an analysis of proteins or metabolites (3) SECRETARY STANDARDS.—If the NAIC does jects in research. that is directly related to a manifested disease, not make the modifications described in para- ‘‘(ii) The issuer clearly indicates to each indi- disorder, or pathological condition that could graph (2) within the period specified in such vidual, or in the case of a minor child, to the reasonably be detected by a health care profes- paragraph, the Secretary of Health and Human legal guardian of such child, to whom the re- sional with appropriate training and expertise Services shall, not later than October 1, 2008, quest is made that— in the field of medicine involved. make the modifications described in such para- ‘‘(I) compliance with the request is voluntary; ‘‘(D) GENETIC SERVICES.—The term ‘genetic graph and such revised regulation incorporating and services’ means— the modifications shall be considered to be the ‘‘(II) non-compliance will have no effect on ‘‘(i) a genetic test; appropriate regulation for the purposes of such enrollment status or premium or contribution ‘‘(ii) genetic counseling (including obtaining, section. amounts. interpreting, or assessing genetic information); (4) DATE SPECIFIED.— ‘‘(iii) No genetic information collected or ac- or (A) IN GENERAL.—Subject to subparagraph quired under this subparagraph shall be used ‘‘(iii) genetic education. (B), the date specified in this paragraph for a for underwriting, determination of eligibility to ‘‘(E) UNDERWRITING PURPOSES.—The term ‘un- State is the earlier of— enroll or maintain enrollment status, premium derwriting purposes’ means, with respect to a (i) the date the State changes its statutes or rating, or the creation, renewal, or replacement medicare supplemental policy— regulations to conform its regulatory program to of a plan, contract, or coverage for health insur- ‘‘(i) rules for, or determination of, eligibility the changes made by this section, or ance or health benefits. (including enrollment and continued eligibility) (ii) October 1, 2008. ‘‘(iv) The issuer notifies the Secretary in writ- for benefits under the policy; (B) ADDITIONAL LEGISLATIVE ACTION RE- ing that the issuer is conducting activities pur- ‘‘(ii) the computation of premium or contribu- QUIRED.—In the case of a State which the Sec- suant to the exception provided for under this tion amounts under the policy; retary identifies as— subparagraph, including a description of the ac- ‘‘(iii) the application of any pre-existing con- (i) requiring State legislation (other than leg- tivities conducted. dition exclusion under the policy; and islation appropriating funds) to conform its reg- ‘‘(v) The issuer complies with such other con- ‘‘(iv) other activities related to the creation, ulatory program to the changes made in this ditions as the Secretary may by regulation re- renewal, or replacement of a contract of health section, but quire for activities conducted under this sub- insurance or health benefits. (ii) having a legislature which is not sched- paragraph. ‘‘(F) ISSUER OF A MEDICARE SUPPLEMENTAL uled to meet in 2008 in a legislative session in ‘‘(2) PROHIBITION ON COLLECTION OF GENETIC POLICY.—The term ‘issuer of a medicare supple- which such legislation may be considered, the INFORMATION.— mental policy’ includes a third-party adminis- date specified in this paragraph is the first day ‘‘(A) IN GENERAL.—An issuer of a medicare trator or other person acting for or on behalf of of the first calendar quarter beginning after the supplemental policy shall not request, require, such issuer.’’. close of the first legislative session of the State or purchase genetic information for under- (2) APPLICATION TO GENETIC INFORMATION OF legislature that begins on or after July 1, 2008. writing purposes (as defined in paragraph (3)). A FETUS OR EMBRYO.—Section 1882(x) of such For purposes of the previous sentence, in the ‘‘(B) PROHIBITION ON COLLECTION OF GENETIC Act, as added by paragraph (1), is further case of a State that has a 2-year legislative ses- INFORMATION PRIOR TO ENROLLMENT.—An issuer sion, each year of such session shall be deemed of a medicare supplemental policy shall not re- amended by adding at the end the following: ‘‘(4) GENETIC INFORMATION OF A FETUS OR EM- to be a separate regular session of the State leg- quest, require, or purchase genetic information islature. with respect to any individual prior to such in- BRYO.—Any reference in this section to genetic SEC. 105. PRIVACY AND CONFIDENTIALITY. dividual’s enrollment under the policy in con- information concerning an individual or family (a) IN GENERAL.—Part C of title XI of the So- nection with such enrollment. member of an individual shall— cial Security Act is amended by adding at the ‘‘(C) INCIDENTAL COLLECTION.—If an issuer of ‘‘(A) with respect to such an individual or end the following new section: a medicare supplemental policy obtains genetic family member of an individual who is a preg- information incidental to the requesting, requir- nant woman, include genetic information of any ‘‘APPLICATION OF HIPAA REGULATIONS TO ing, or purchasing of other information con- fetus carried by such pregnant woman; and GENETIC INFORMATION cerning any individual, such request, require- ‘‘(B) with respect to an individual or family ‘‘SEC. 1180. (a) IN GENERAL.—The Secretary ment, or purchase shall not be considered a vio- member utilizing an assisted reproductive tech- shall revise the HIPAA privacy regulation (as lation of subparagraph (B) if such request, re- nology, include genetic information of any em- defined in subsection (b)) so it is consistent with quirement, or purchase is not in violation of bryo legally held by the individual or family the following: subparagraph (A). member.’’. ‘‘(1) Genetic information shall be treated as ‘‘(3) DEFINITIONS.—In this subsection: (3) CONFORMING AMENDMENT.—Section 1882(o) health information described in section ‘‘(A) FAMILY MEMBER.—The term ‘family of the Social Security Act (42 U.S.C. 1395ss(o)) is 1171(4)(B). member’ means with respect to an individual, amended by adding at the end the following: ‘‘(2) The use or disclosure by a covered entity any other individual who is a first-degree, sec- ‘‘(4) The issuer of the medicare supplemental that is a group health plan, health insurance ond-degree, third-degree, or fourth-degree rel- policy complies with subsection (s)(2)(E) and issuer that issues health insurance coverage, or ative of such individual. subsection (x).’’. issuer of a medicare supplemental policy of pro- ‘‘(B) GENETIC INFORMATION.— (c) EFFECTIVE DATE.—The amendments made tected health information that is genetic infor- ‘‘(i) IN GENERAL.—The term ‘genetic informa- by this section shall apply with respect to an mation about an individual for underwriting tion’ means, with respect to any individual, in- issuer of a medicare supplemental policy for pol- purposes under the group health plan, health formation about— icy years beginning on or after the date that is insurance coverage, or medicare supplemental ‘‘(I) such individual’s genetic tests, 1 year after the date of enactment of this Act. policy shall not be a permitted use or disclosure. ‘‘(II) the genetic tests of family members of (d) TRANSITION PROVISIONS.— ‘‘(b) DEFINITIONS.—For purposes of this sec- such individual, and (1) IN GENERAL.—If the Secretary of Health tion: ‘‘(III) subject to clause (iv), the manifestation and Human Services identifies a State as requir- ‘‘(1) GENETIC INFORMATION; GENETIC TEST; of a disease or disorder in family members of ing a change to its statutes or regulations to FAMILY MEMBER.—The terms ‘genetic informa- such individual. conform its regulatory program to the changes tion’, ‘genetic test’, and ‘family member’ have ‘‘(ii) INCLUSION OF GENETIC SERVICES AND PAR- made by this section, the State regulatory pro- the meanings given such terms in section 2791 of TICIPATION IN GENETIC RESEARCH.—Such term gram shall not be considered to be out of compli- the Public Health Service Act (42 U.S.C. 300gg–

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00019 Fmt 0687 Sfmt 6333 E:\BR08\H01MY8.000 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7506 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 May 1, 2008 91), as amended by the Genetic Information ment strategy that avoids duplication of en- employees to evaluate acquired modifications to Nondiscrimination Act of 2007. forcement efforts and assigns priorities in en- their genetic material, such as chromosomal ‘‘(2) GROUP HEALTH PLAN; HEALTH INSURANCE forcement. damage or evidence of increased occurrence of COVERAGE; MEDICARE SUPPLEMENTAL POLICY.— TITLE II—PROHIBITING EMPLOYMENT mutations, that may have developed in the The terms ‘group health plan’ and ‘health in- DISCRIMINATION ON THE BASIS OF GE- course of employment due to exposure to toxic surance coverage’ have the meanings given such NETIC INFORMATION substances in the workplace, in order to iden- terms under section 2791 of the Public Health tify, evaluate, and respond to the effects of or SEC. 201. DEFINITIONS. Service Act (42 U.S.C. 300gg–91), and the term control adverse environmental exposures in the In this title: ‘medicare supplemental policy’ has the meaning workplace. (1) COMMISSION.—The term ‘‘Commission’’ (6) GENETIC SERVICES.—The term ‘‘genetic given such term in section 1882(g). means the Equal Employment Opportunity Com- ‘‘(3) HIPAA PRIVACY REGULATION.—The term services’’ means— mission as created by section 705 of the Civil (A) a genetic test; ‘HIPAA privacy regulation’ means the regula- Rights Act of 1964 (42 U.S.C. 2000e–4). tions promulgated by the Secretary under this (B) genetic counseling (including obtaining, (2) EMPLOYEE; EMPLOYER; EMPLOYMENT AGEN- interpreting, or assessing genetic information); part and section 264 of the Health Insurance CY; LABOR ORGANIZATION; MEMBER.— Portability and Accountability Act of 1996 (42 or (A) IN GENERAL.—The term ‘‘employee’’ (C) genetic education. U.S.C. 1320d–2 note). means— (7) GENETIC TEST.— ‘‘(4) UNDERWRITING PURPOSES.—The term ‘un- (i) an employee (including an applicant), as (A) IN GENERAL.—The term ‘‘genetic test’’ derwriting purposes’ means, with respect to a defined in section 701(f) of the Civil Rights Act means an analysis of human DNA, RNA, chro- group health plan, health insurance coverage, of 1964 (42 U.S.C. 2000e(f)); mosomes, proteins, or metabolites, that detects or a medicare supplemental policy— (ii) a State employee (including an applicant) genotypes, mutations, or chromosomal changes. ‘‘(A) rules for, or determination of, eligibility described in section 304(a) of the Government (B) EXCEPTIONS.—The term ‘‘genetic test’’ (including enrollment and continued eligibility) Employee Rights Act of 1991 (42 U.S.C. 2000e– does not mean an analysis of proteins or me- for, or determination of, benefits under the 16c(a)); tabolites that does not detect genotypes, plan, coverage, or policy; (iii) a covered employee (including an appli- mutations, or chromosomal changes. ‘‘(B) the computation of premium or contribu- cant), as defined in section 101 of the Congres- SEC. 202. EMPLOYER PRACTICES. tion amounts under the plan, coverage, or pol- sional Accountability Act of 1995 (2 U.S.C. 1301); (a) DISCRIMINATION BASED ON GENETIC INFOR- icy; (iv) a covered employee (including an appli- MATION.—It shall be an unlawful employment ‘‘(C) the application of any pre-existing condi- cant), as defined in section 411(c) of title 3, practice for an employer— tion exclusion under the plan, coverage, or pol- United States Code; or (1) to fail or refuse to hire, or to discharge, icy; and (v) an employee or applicant to which section any employee, or otherwise to discriminate ‘‘(D) other activities related to the creation, 717(a) of the Civil Rights Act of 1964 (42 U.S.C. against any employee with respect to the com- renewal, or replacement of a contract of health 2000e–16(a)) applies. pensation, terms, conditions, or privileges of em- insurance or health benefits. (B) EMPLOYER.—The term ‘‘employer’’ ployment of the employee, because of genetic in- ‘‘(c) PROCEDURE.—The revisions under sub- means— formation with respect to the employee; or section (a) shall be made by notice in the Fed- (i) an employer (as defined in section 701(b) of (2) to limit, segregate, or classify the employ- eral Register published not later than 60 days the Civil Rights Act of 1964 (42 U.S.C. 2000e(b))); ees of the employer in any way that would de- after the date of the enactment of this section (ii) an entity employing a State employee de- prive or tend to deprive any employee of employ- and shall be effective upon publication, without scribed in section 304(a) of the Government Em- ment opportunities or otherwise adversely affect opportunity for any prior public comment, but ployee Rights Act of 1991; the status of the employee as an employee, be- may be revised, consistent with this section, (iii) an employing office, as defined in section cause of genetic information with respect to the after opportunity for public comment. 101 of the Congressional Accountability Act of employee. ‘‘(d) ENFORCEMENT.—In addition to any other 1995; (b) ACQUISITION OF GENETIC INFORMATION.—It sanctions or remedies that may be available (iv) an employing office, as defined in section shall be an unlawful employment practice for an under law, a covered entity that is a group 411(c) of title 3, United States Code; or employer to request, require, or purchase genetic health plan, health insurance issuer, or issuer (v) an entity to which section 717(a) of the information with respect to an employee or a of a medicare supplemental policy and that vio- Civil Rights Act of 1964 applies. family member of the employee except— lates the HIPAA privacy regulation (as revised (C) EMPLOYMENT AGENCY; LABOR ORGANIZA- (1) where an employer inadvertently requests under subsection (a) or otherwise) with respect TION.—The terms ‘‘employment agency’’ and or requires family medical history of the em- to the use or disclosure of genetic information ‘‘labor organization’’ have the meanings given ployee or family member of the employee; shall be subject to the penalties described in sec- the terms in section 701 of the Civil Rights Act (2) where— tions 1176 and 1177 in the same manner and to of 1964 (42 U.S.C. 2000e). (A) health or genetic services are offered by the same extent that such penalties apply to vio- (D) MEMBER.—The term ‘‘member’’, with re- the employer, including such services offered as lations of this part.’’. spect to a labor organization, includes an appli- part of a wellness program; (b) REGULATIONS; EFFECTIVE DATE.— cant for membership in a labor organization. (B) the employee provides prior, knowing, vol- (1) REGULATIONS.—Not later than 12 months (3) FAMILY MEMBER.—The term ‘‘family mem- untary, and written authorization; after the date of the enactment of this Act, the ber’’ means, with respect to an individual— (C) only the employee (or family member if the Secretary of Health and Human Services shall (A) a dependent (as such term is used for pur- family member is receiving genetic services) and issue final regulations to carry out the revision poses of section 701(f)(2) of the Employee Retire- the licensed health care professional or board required by section 1180(a) of the Social Security ment Income Security Act of 1974) of such indi- certified genetic counselor involved in providing Act, as added by subsection (a). The Secretary vidual, and such services receive individually identifiable has the sole authority to promulgate such regu- (B) any other individual who is a first-degree, information concerning the results of such serv- lations, but shall promulgate such regulations second-degree, third-degree, or fourth-degree ices; and (D) any individually identifiable genetic in- in consultation with the Secretaries of Labor relative of such individual or of an individual formation provided under subparagraph (C) in and the Treasury. described in subparagraph (A). (4) GENETIC INFORMATION.— connection with the services provided under (2) EFFECTIVE DATE.—The amendment made (A) IN GENERAL.—The term ‘‘genetic informa- subparagraph (A) is only available for purposes by subsection (a) shall take effect on the date tion’’ means, with respect to any individual, in- of such services and shall not be disclosed to the that is 1 year after the date of the enactment of formation about— employer except in aggregate terms that do not this Act. (i) such individual’s genetic tests, disclose the identity of specific employees; SEC. 106. ASSURING COORDINATION. (ii) the genetic tests of family members of such (3) where an employer requests or requires Except as provided in section 105(b)(1), the individual, and family medical history from the employee to Secretary of Health and Human Services, the (iii) the manifestation of a disease or disorder comply with the certification provisions of sec- Secretary of Labor, and the Secretary of the in family members of such individual. tion 103 of the Family and Medical Leave Act of Treasury shall ensure, through the execution of (B) INCLUSION OF GENETIC SERVICES AND PAR- 1993 (29 U.S.C. 2613) or such requirements under an interagency memorandum of understanding TICIPATION IN GENETIC RESEARCH.—Such term State family and medical leave laws; among such Secretaries, that— includes, with respect to any individual, any re- (4) where an employer purchases documents (1) regulations, rulings, and interpretations quest for, or receipt of, genetic services, or par- that are commercially and publicly available issued by such Secretaries relating to the same ticipation in clinical research which includes ge- (including newspapers, magazines, periodicals, matter over which two or more such Secretaries netic services, by such individual or any family and books, but not including medical databases have responsibility under this title (and the member of such individual. or court records) that include family medical amendments made by this title) are administered (C) EXCLUSIONS.—The term ‘‘genetic informa- history; so as to have the same effect at all times; and tion’’ shall not include information about the (5) where the information involved is to be (2) coordination of policies relating to enforc- sex or age of any individual. used for genetic monitoring of the biological ef- ing the same requirements through such Secre- (5) GENETIC MONITORING.—The term ‘‘genetic fects of toxic substances in the workplace, but taries in order to have a coordinated enforce- monitoring’’ means the periodic examination of only if—

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(A) the employer provides written notice of the board certified genetic counselor involved in (b) ACQUISITION OF GENETIC INFORMATION.—It genetic monitoring to the employee; providing such services receive individually shall be an unlawful employment practice for a (B)(i) the employee provides prior, knowing, identifiable information concerning the results labor organization to request, require, or pur- voluntary, and written authorization; or of such services; and chase genetic information with respect to a (ii) the genetic monitoring is required by Fed- (D) any individually identifiable genetic in- member or a family member of the member ex- eral or State law; formation provided under subparagraph (C) in cept— (C) the employee is informed of individual connection with the services provided under (1) where a labor organization inadvertently monitoring results; subparagraph (A) is only available for purposes requests or requires family medical history of (D) the monitoring is in compliance with— of such services and shall not be disclosed to the the member or family member of the member; (i) any Federal genetic monitoring regula- employment agency except in aggregate terms (2) where— tions, including any such regulations that may that do not disclose the identity of specific indi- (A) health or genetic services are offered by be promulgated by the Secretary of Labor pursu- viduals; the labor organization, including such services ant to the Occupational Safety and Health Act (3) where an employment agency requests or offered as part of a wellness program; of 1970 (29 U.S.C. 651 et seq.), the Federal Mine requires family medical history from the indi- (B) the member provides prior, knowing, vol- Safety and Health Act of 1977 (30 U.S.C. 801 et vidual to comply with the certification provi- untary, and written authorization; seq.), or the Atomic Energy Act of 1954 (42 sions of section 103 of the Family and Medical (C) only the member (or family member if the U.S.C. 2011 et seq.); or Leave Act of 1993 (29 U.S.C. 2613) or such re- family member is receiving genetic services) and (ii) State genetic monitoring regulations, in quirements under State family and medical leave the licensed health care professional or board the case of a State that is implementing genetic laws; certified genetic counselor involved in providing monitoring regulations under the authority of (4) where an employment agency purchases such services receive individually identifiable the Occupational Safety and Health Act of 1970 documents that are commercially and publicly information concerning the results of such serv- (29 U.S.C. 651 et seq.); and available (including newspapers, magazines, ices; and (E) the employer, excluding any licensed periodicals, and books, but not including med- (D) any individually identifiable genetic in- health care professional or board certified ge- ical databases or court records) that include formation provided under subparagraph (C) in netic counselor that is involved in the genetic family medical history; or connection with the services provided under monitoring program, receives the results of the (5) where the information involved is to be subparagraph (A) is only available for purposes monitoring only in aggregate terms that do not used for genetic monitoring of the biological ef- of such services and shall not be disclosed to the disclose the identity of specific employees; or fects of toxic substances in the workplace, but labor organization except in aggregate terms (6) where the employer conducts DNA analysis only if— that do not disclose the identity of specific mem- for law enforcement purposes as a forensic lab- (A) the employment agency provides written bers; oratory, and such analysis is included in the notice of the genetic monitoring to the indi- (3) where a labor organization requests or re- Combined DNA Index System pursuant to sec- vidual; quires family medical history from the members tion 210304 of the Violent Crime Control and (B)(i) the individual provides prior, knowing, to comply with the certification provisions of Law Enforcement Act of 1994 (42 U.S.C. 14132), voluntary, and written authorization; or section 103 of the Family and Medical Leave Act (ii) the genetic monitoring is required by Fed- and requests or requires genetic information of of 1993 (29 U.S.C. 2613) or such requirements eral or State law; such employer’s employees, but only to the ex- under State family and medical leave laws; (C) the individual is informed of individual tent that such genetic information is used for (4) where a labor organization purchases doc- monitoring results; analysis of DNA identification markers for qual- (D) the monitoring is in compliance with— uments that are commercially and publicly ity control to detect sample contamination. (i) any Federal genetic monitoring regula- available (including newspapers, magazines, (c) PRESERVATION OF PROTECTIONS.—In the tions, including any such regulations that may periodicals, and books, but not including med- case of information to which any of paragraphs be promulgated by the Secretary of Labor pursu- ical databases or court records) that include (1) through (6) of subsection (b) applies, such ant to the Occupational Safety and Health Act family medical history; or information may not be used in violation of of 1970 (29 U.S.C. 651 et seq.), the Federal Mine (5) where the information involved is to be paragraph (1) or (2) of subsection (a) or treated Safety and Health Act of 1977 (30 U.S.C. 801 et used for genetic monitoring of the biological ef- or disclosed in a manner that violates section seq.), or the Atomic Energy Act of 1954 (42 fects of toxic substances in the workplace, but 206. U.S.C. 2011 et seq.); or only if— SEC. 203. EMPLOYMENT AGENCY PRACTICES. (ii) State genetic monitoring regulations, in (A) the labor organization provides written (a) DISCRIMINATION BASED ON GENETIC INFOR- the case of a State that is implementing genetic notice of the genetic monitoring to the member; MATION.—It shall be an unlawful employment monitoring regulations under the authority of (B)(i) the member provides prior, knowing, practice for an employment agency— the Occupational Safety and Health Act of 1970 voluntary, and written authorization; or (1) to fail or refuse to refer for employment, or (29 U.S.C. 651 et seq.); and (ii) the genetic monitoring is required by Fed- otherwise to discriminate against, any indi- (E) the employment agency, excluding any li- eral or State law; vidual because of genetic information with re- censed health care professional or board cer- (C) the member is informed of individual mon- spect to the individual; tified genetic counselor that is involved in the itoring results; (2) to limit, segregate, or classify individuals genetic monitoring program, receives the results (D) the monitoring is in compliance with— or fail or refuse to refer for employment any in- of the monitoring only in aggregate terms that (i) any Federal genetic monitoring regula- dividual in any way that would deprive or tend do not disclose the identity of specific individ- tions, including any such regulations that may to deprive any individual of employment oppor- uals. be promulgated by the Secretary of Labor pursu- tunities, or otherwise adversely affect the status (c) PRESERVATION OF PROTECTIONS.—In the ant to the Occupational Safety and Health Act of the individual as an employee, because of ge- case of information to which any of paragraphs of 1970 (29 U.S.C. 651 et seq.), the Federal Mine netic information with respect to the individual; (1) through (5) of subsection (b) applies, such Safety and Health Act of 1977 (30 U.S.C. 801 et or information may not be used in violation of seq.), or the Atomic Energy Act of 1954 (42 (3) to cause or attempt to cause an employer paragraph (1), (2), or (3) of subsection (a) or U.S.C. 2011 et seq.); or to discriminate against an individual in viola- treated or disclosed in a manner that violates (ii) State genetic monitoring regulations, in tion of this title. section 206. the case of a State that is implementing genetic (b) ACQUISITION OF GENETIC INFORMATION.—It SEC. 204. LABOR ORGANIZATION PRACTICES. monitoring regulations under the authority of the Occupational Safety and Health Act of 1970 shall be an unlawful employment practice for an (a) DISCRIMINATION BASED ON GENETIC INFOR- (29 U.S.C. 651 et seq.); and employment agency to request, require, or pur- MATION.—It shall be an unlawful employment chase genetic information with respect to an in- practice for a labor organization— (E) the labor organization, excluding any li- dividual or a family member of the individual (1) to exclude or to expel from the membership censed health care professional or board cer- except— of the organization, or otherwise to discriminate tified genetic counselor that is involved in the (1) where an employment agency inadvert- against, any member because of genetic informa- genetic monitoring program, receives the results ently requests or requires family medical history tion with respect to the member; of the monitoring only in aggregate terms that of the individual or family member of the indi- (2) to limit, segregate, or classify the members do not disclose the identity of specific members. vidual; of the organization, or fail or refuse to refer for (c) PRESERVATION OF PROTECTIONS.—In the (2) where— employment any member, in any way that case of information to which any of paragraphs (A) health or genetic services are offered by would deprive or tend to deprive any member of (1) through (5) of subsection (b) applies, such the employment agency, including such services employment opportunities, or otherwise ad- information may not be used in violation of offered as part of a wellness program; versely affect the status of the member as an em- paragraph (1), (2), or (3) of subsection (a) or (B) the individual provides prior, knowing, ployee, because of genetic information with re- treated or disclosed in a manner that violates voluntary, and written authorization; spect to the member; or section 206. (C) only the individual (or family member if (3) to cause or attempt to cause an employer SEC. 205. TRAINING PROGRAMS. the family member is receiving genetic services) to discriminate against a member in violation of (a) DISCRIMINATION BASED ON GENETIC INFOR- and the licensed health care professional or this title. MATION.—It shall be an unlawful employment

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00021 Fmt 0687 Sfmt 6333 E:\BR08\H01MY8.000 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7508 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 May 1, 2008 practice for any employer, labor organization, (C) the individual is informed of individual (B) if the court order was secured without the or joint labor-management committee controlling monitoring results; knowledge of the employee or member to whom apprenticeship or other training or retraining, (D) the monitoring is in compliance with— the information refers, the employer, employ- including on-the-job training programs— (i) any Federal genetic monitoring regula- ment agency, labor organization, or joint labor- (1) to discriminate against any individual be- tions, including any such regulations that may management committee shall inform the em- cause of genetic information with respect to the be promulgated by the Secretary of Labor pursu- ployee or member of the court order and any ge- individual in admission to, or employment in, ant to the Occupational Safety and Health Act netic information that was disclosed pursuant to any program established to provide apprentice- of 1970 (29 U.S.C. 651 et seq.), the Federal Mine such order; ship or other training or retraining; Safety and Health Act of 1977 (30 U.S.C. 801 et (4) to government officials who are inves- (2) to limit, segregate, or classify the appli- seq.), or the Atomic Energy Act of 1954 (42 tigating compliance with this title if the infor- cants for or participants in such apprenticeship U.S.C. 2011 et seq.); or mation is relevant to the investigation; or other training or retraining, or fail or refuse (ii) State genetic monitoring regulations, in (5) to the extent that such disclosure is made to refer for employment any individual, in any the case of a State that is implementing genetic in connection with the employee’s compliance way that would deprive or tend to deprive any monitoring regulations under the authority of with the certification provisions of section 103 of individual of employment opportunities, or oth- the Occupational Safety and Health Act of 1970 the Family and Medical Leave Act of 1993 (29 erwise adversely affect the status of the indi- (29 U.S.C. 651 et seq.); and U.S.C. 2613) or such requirements under State vidual as an employee, because of genetic infor- (E) the employer, labor organization, or joint family and medical leave laws; or (6) to a Federal, State, or local public health mation with respect to the individual; or labor-management committee, excluding any li- agency only with regard to information that is (3) to cause or attempt to cause an employer censed health care professional or board cer- described in section 201(4)(A)(iii) and that con- to discriminate against an applicant for or a tified genetic counselor that is involved in the cerns a contagious disease that presents an im- participant in such apprenticeship or other genetic monitoring program, receives the results minent hazard of death or life-threatening ill- training or retraining in violation of this title. of the monitoring only in aggregate terms that ness, and that the employee whose family mem- (b) ACQUISITION OF GENETIC INFORMATION.—It do not disclose the identity of specific individ- ber or family members is or are the subject of a shall be an unlawful employment practice for an uals; or disclosure under this paragraph is notified of employer, labor organization, or joint labor- (6) where the employer conducts DNA analysis such disclosure. management committee described in subsection for law enforcement purposes as a forensic lab- (c) RELATIONSHIP TO HIPAA REGULATIONS.— (a) to request, require, or purchase genetic in- oratory, and such analysis is included in the With respect to the regulations promulgated by formation with respect to an individual or a Combined DNA Index System pursuant to sec- the Secretary of Health and Human Services family member of the individual except— tion 210304 of the Violent Crime Control and under part C of title XI of the Social Security (1) where the employer, labor organization, or Law Enforcement Act of 1994 (42 U.S.C. 14132), Act (42 U.S.C. 1320d et seq.) and section 264 of joint labor-management committee inadvertently and requests or requires genetic information of the Health Insurance Portability and Account- requests or requires family medical history of such employer’s apprentices or trainees, but ability Act of 1996 (42 U.S.C. 1320d–2 note), this the individual or family member of the indi- only to the extent that such genetic information title does not prohibit a covered entity under vidual; is used for analysis of DNA identification mark- such regulations from any use or disclosure of (2) where— ers for quality control to detect sample contami- health information that is authorized for the (A) health or genetic services are offered by nation. covered entity under such regulations. The pre- the employer, labor organization, or joint labor- (c) PRESERVATION OF PROTECTIONS.—In the vious sentence does not affect the authority of management committee, including such services case of information to which any of paragraphs such Secretary to modify such regulations. offered as part of a wellness program; (1) through (6) of subsection (b) applies, such SEC. 207. REMEDIES AND ENFORCEMENT. (B) the individual provides prior, knowing, information may not be used in violation of (a) EMPLOYEES COVERED BY TITLE VII OF THE voluntary, and written authorization; paragraph (1), (2), or (3) of subsection (a) or CIVIL RIGHTS ACT OF 1964.— (C) only the individual (or family member if treated or disclosed in a manner that violates (1) IN GENERAL.—The powers, procedures, and section 206. the family member is receiving genetic services) remedies provided in sections 705, 706, 707, 709, and the licensed health care professional or SEC. 206. CONFIDENTIALITY OF GENETIC INFOR- 710, and 711 of the Civil Rights Act of 1964 (42 board certified genetic counselor involved in MATION. U.S.C. 2000e–4 et seq.) to the Commission, the providing such services receive individually (a) TREATMENT OF INFORMATION AS PART OF Attorney General, or any person, alleging a vio- identifiable information concerning the results CONFIDENTIAL MEDICAL RECORD.—If an em- lation of title VII of that Act (42 U.S.C. 2000e et of such services; and ployer, employment agency, labor organization, seq.) shall be the powers, procedures, and rem- (D) any individually identifiable genetic in- or joint labor-management committee possesses edies this title provides to the Commission, the formation provided under subparagraph (C) in genetic information about an employee or mem- Attorney General, or any person, respectively, connection with the services provided under ber, such information shall be maintained on alleging an unlawful employment practice in subparagraph (A) is only available for purposes separate forms and in separate medical files and violation of this title against an employee de- of such services and shall not be disclosed to the be treated as a confidential medical record of scribed in section 201(2)(A)(i), except as provided employer, labor organization, or joint labor- the employee or member. An employer, employ- in paragraphs (2) and (3). management committee except in aggregate ment agency, labor organization, or joint labor- (2) COSTS AND FEES.—The powers, remedies, terms that do not disclose the identity of specific management committee shall be considered to be and procedures provided in subsections (b) and individuals; in compliance with the maintenance of informa- (c) of section 722 of the Revised Statutes of the (3) where the employer, labor organization, or tion requirements of this subsection with respect United States (42 U.S.C. 1988), shall be powers, joint labor-management committee requests or to genetic information subject to this subsection remedies, and procedures this title provides to requires family medical history from the indi- that is maintained with and treated as a con- the Commission, the Attorney General, or any vidual to comply with the certification provi- fidential medical record under section person, alleging such a practice. sions of section 103 of the Family and Medical 102(d)(3)(B) of the Americans With Disabilities (3) DAMAGES.—The powers, remedies, and pro- Leave Act of 1993 (29 U.S.C. 2613) or such re- Act (42 U.S.C. 12112(d)(3)(B)). cedures provided in section 1977A of the Revised quirements under State family and medical leave (b) LIMITATION ON DISCLOSURE.—An em- Statutes of the United States (42 U.S.C. 1981a), laws; ployer, employment agency, labor organization, including the limitations contained in sub- (4) where the employer, labor organization, or or joint labor-management committee shall not section (b)(3) of such section 1977A, shall be joint labor-management committee purchases disclose genetic information concerning an em- powers, remedies, and procedures this title pro- documents that are commercially and publicly ployee or member except— vides to the Commission, the Attorney General, available (including newspapers, magazines, (1) to the employee or member of a labor orga- or any person, alleging such a practice (not an periodicals, and books, but not including med- nization (or family member if the family member employment practice specifically excluded from ical databases or court records) that include is receiving the genetic services) at the written coverage under section 1977A(a)(1) of the Re- family medical history; request of the employee or member of such orga- vised Statutes of the United States). (5) where the information involved is to be nization; (b) EMPLOYEES COVERED BY GOVERNMENT EM- used for genetic monitoring of the biological ef- (2) to an occupational or other health re- PLOYEE RIGHTS ACT OF 1991.— fects of toxic substances in the workplace, but searcher if the research is conducted in compli- (1) IN GENERAL.—The powers, remedies, and only if— ance with the regulations and protections pro- procedures provided in sections 302 and 304 of (A) the employer, labor organization, or joint vided for under part 46 of title 45, Code of Fed- the Government Employee Rights Act of 1991 (42 labor-management committee provides written eral Regulations; U.S.C. 2000e–16b, 2000e–16c) to the Commission, notice of the genetic monitoring to the indi- (3) in response to an order of a court, except or any person, alleging a violation of section vidual; that— 302(a)(1) of that Act (42 U.S.C. 2000e–16b(a)(1)) (B)(i) the individual provides prior, knowing, (A) the employer, employment agency, labor shall be the powers, remedies, and procedures voluntary, and written authorization; or organization, or joint labor-management com- this title provides to the Commission, or any per- (ii) the genetic monitoring is required by Fed- mittee may disclose only the genetic information son, respectively, alleging an unlawful employ- eral or State law; expressly authorized by such order; and ment practice in violation of this title against an

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00022 Fmt 0687 Sfmt 6333 E:\BR08\H01MY8.000 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 7509 employee described in section 201(2)(A)(ii), ex- Statutes of the United States (42 U.S.C. 1981a), (D) 1 member shall be appointed by the rank- cept as provided in paragraphs (2) and (3). including the limitations contained in sub- ing minority member of the Committee on (2) COSTS AND FEES.—The powers, remedies, section (b)(3) of such section 1977A, shall be Health, Education, Labor, and Pensions of the and procedures provided in subsections (b) and powers, remedies, and procedures this title pro- Senate; (c) of section 722 of the Revised Statutes of the vides to the President, the Commission, such (E) 1 member shall be appointed by the Speak- United States (42 U.S.C. 1988), shall be powers, Board, or any person, alleging such a practice er of the House of Representatives; remedies, and procedures this title provides to (not an employment practice specifically ex- (F) 1 member shall be appointed by the Minor- the Commission, or any person, alleging such a cluded from coverage under section 1977A(a)(1) ity Leader of the House of Representatives; practice. of the Revised Statutes of the United States). (G) 1 member shall be appointed by the Chair- (3) DAMAGES.—The powers, remedies, and pro- (e) EMPLOYEES COVERED BY SECTION 717 OF man of the Committee on Education and Labor cedures provided in section 1977A of the Revised THE CIVIL RIGHTS ACT OF 1964.— of the House of Representatives; and Statutes of the United States (42 U.S.C. 1981a), (1) IN GENERAL.—The powers, remedies, and (H) 1 member shall be appointed by the rank- including the limitations contained in sub- procedures provided in section 717 of the Civil ing minority member of the Committee on Edu- section (b)(3) of such section 1977A, shall be Rights Act of 1964 (42 U.S.C. 2000e–16) to the cation and Labor of the House of Representa- powers, remedies, and procedures this title pro- Commission, the Attorney General, the Librar- tives. vides to the Commission, or any person, alleging ian of Congress, or any person, alleging a viola- (2) COMPENSATION AND EXPENSES.—The mem- such a practice (not an employment practice tion of that section shall be the powers, rem- bers of the Commission shall not receive com- specifically excluded from coverage under sec- edies, and procedures this title provides to the pensation for the performance of services for the tion 1977A(a)(1) of the Revised Statutes of the Commission, the Attorney General, the Librar- Commission, but shall be allowed travel ex- United States). ian of Congress, or any person, respectively, al- penses, including per diem in lieu of subsistence, (c) EMPLOYEES COVERED BY CONGRESSIONAL leging an unlawful employment practice in vio- at rates authorized for employees of agencies ACCOUNTABILITY ACT OF 1995.— lation of this title against an employee or appli- under subchapter I of chapter 57 of title 5, (1) IN GENERAL.—The powers, remedies, and cant described in section 201(2)(A)(v), except as United States Code, while away from their procedures provided in the Congressional Ac- provided in paragraphs (2) and (3). homes or regular places of business in the per- countability Act of 1995 (2 U.S.C. 1301 et seq.) to (2) COSTS AND FEES.—The powers, remedies, formance of services for the Commission. the Board (as defined in section 101 of that Act and procedures provided in subsections (b) and (d) ADMINISTRATIVE PROVISIONS.— (2 U.S.C. 1301)), or any person, alleging a viola- (c) of section 722 of the Revised Statutes of the (1) LOCATION.—The Commission shall be lo- tion of section 201(a)(1) of that Act (42 U.S.C. United States (42 U.S.C. 1988), shall be powers, cated in a facility maintained by the Equal Em- 1311(a)(1)) shall be the powers, remedies, and remedies, and procedures this title provides to ployment Opportunity Commission. procedures this title provides to that Board, or the Commission, the Attorney General, the Li- (2) DETAIL OF GOVERNMENT EMPLOYEES.—Any any person, alleging an unlawful employment brarian of Congress, or any person, alleging Federal Government employee may be detailed practice in violation of this title against an em- such a practice. to the Commission without reimbursement, and ployee described in section 201(2)(A)(iii), except (3) DAMAGES.—The powers, remedies, and pro- such detail shall be without interruption or loss as provided in paragraphs (2) and (3). cedures provided in section 1977A of the Revised of civil service status or privilege. (2) COSTS AND FEES.—The powers, remedies, Statutes of the United States (42 U.S.C. 1981a), (3) INFORMATION FROM FEDERAL AGENCIES.— and procedures provided in subsections (b) and including the limitations contained in sub- The Commission may secure directly from any (c) of section 722 of the Revised Statutes of the section (b)(3) of such section 1977A, shall be Federal department or agency such information United States (42 U.S.C. 1988), shall be powers, powers, remedies, and procedures this title pro- as the Commission considers necessary to carry remedies, and procedures this title provides to vides to the Commission, the Attorney General, out the provisions of this section. Upon request that Board, or any person, alleging such a prac- the Librarian of Congress, or any person, alleg- of the Commission, the head of such department tice. ing such a practice (not an employment practice or agency shall furnish such information to the (3) DAMAGES.—The powers, remedies, and pro- specifically excluded from coverage under sec- Commission. cedures provided in section 1977A of the Revised tion 1977A(a)(1) of the Revised Statutes of the (4) HEARINGS.—The Commission may hold Statutes of the United States (42 U.S.C. 1981a), United States). such hearings, sit and act at such times and including the limitations contained in sub- (f) PROHIBITION AGAINST RETALIATION.—No places, take such testimony, and receive such section (b)(3) of such section 1977A, shall be person shall discriminate against any individual evidence as the Commission considers advisable powers, remedies, and procedures this title pro- because such individual has opposed any act or to carry out the objectives of this section, except vides to that Board, or any person, alleging practice made unlawful by this title or because that, to the extent possible, the Commission such a practice (not an employment practice such individual made a charge, testified, as- shall use existing data and research. specifically excluded from coverage under sec- sisted, or participated in any manner in an in- (5) POSTAL SERVICES.—The Commission may tion 1977A(a)(1) of the Revised Statutes of the vestigation, proceeding, or hearing under this use the United States mails in the same manner United States). title. The remedies and procedures otherwise and under the same conditions as other depart- (4) OTHER APPLICABLE PROVISIONS.—With re- provided for under this section shall be avail- ments and agencies of the Federal Government. spect to a claim alleging a practice described in able to aggrieved individuals with respect to vio- (e) REPORT.—Not later than 1 year after all of paragraph (1), title III of the Congressional Ac- lations of this subsection. the members are appointed to the Commission countability Act of 1995 (2 U.S.C. 1381 et seq.) (g) DEFINITION.—In this section, the term under subsection (c)(1), the Commission shall shall apply in the same manner as such title ap- ‘‘Commission’’ means the Equal Employment submit to Congress a report that summarizes the plies with respect to a claim alleging a violation Opportunity Commission. findings of the Commission and makes such rec- of section 201(a)(1) of such Act (2 U.S.C. SEC. 208. DISPARATE IMPACT. ommendations for legislation as are consistent 1311(a)(1)). (a) GENERAL RULE.—Notwithstanding any with this Act. (d) EMPLOYEES COVERED BY CHAPTER 5 OF other provision of this Act, ‘‘disparate impact’’, (f) AUTHORIZATION OF APPROPRIATIONS.— TITLE 3, UNITED STATES CODE.— as that term is used in section 703(k) of the Civil There are authorized to be appropriated to the (1) IN GENERAL.—The powers, remedies, and Rights Act of 1964 (42 U.S.C. 2000e–2(k)), on the Equal Employment Opportunity Commission procedures provided in chapter 5 of title 3, basis of genetic information does not establish a such sums as may be necessary to carry out this United States Code, to the President, the Com- cause of action under this Act. section. mission, the Merit Systems Protection Board, or (b) COMMISSION.—On the date that is 6 years SEC. 209. CONSTRUCTION. any person, alleging a violation of section after the date of enactment of this Act, there (a) IN GENERAL.—Nothing in this title shall be 411(a)(1) of that title, shall be the powers, rem- shall be established a commission, to be known construed to— edies, and procedures this title provides to the as the Genetic Nondiscrimination Study Com- (1) limit the rights or protections of an indi- President, the Commission, such Board, or any mission (referred to in this section as the ‘‘Com- vidual under any other Federal or State statute person, respectively, alleging an unlawful em- mission’’) to review the developing science of ge- that provides equal or greater protection to an ployment practice in violation of this title netics and to make recommendations to Con- individual than the rights or protections pro- against an employee described in section gress regarding whether to provide a disparate vided for under this title, including the protec- 201(2)(A)(iv), except as provided in paragraphs impact cause of action under this Act. tions of an individual under the Americans with (2) and (3). (c) MEMBERSHIP.— Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) (2) COSTS AND FEES.—The powers, remedies, (1) IN GENERAL.—The Commission shall be (including coverage afforded to individuals and procedures provided in subsections (b) and composed of 8 members, of which— under section 102 of such Act (42 U.S.C. 12112)), (c) of section 722 of the Revised Statutes of the (A) 1 member shall be appointed by the Major- or under the Rehabilitation Act of 1973 (29 United States (42 U.S.C. 1988), shall be powers, ity Leader of the Senate; U.S.C. 701 et seq.); remedies, and procedures this title provides to (B) 1 member shall be appointed by the Minor- (2)(A) limit the rights or protections of an in- the President, the Commission, such Board, or ity Leader of the Senate; dividual to bring an action under this title any person, alleging such a practice. (C) 1 member shall be appointed by the Chair- against an employer, employment agency, labor (3) DAMAGES.—The powers, remedies, and pro- man of the Committee on Health, Education, organization, or joint labor-management com- cedures provided in section 1977A of the Revised Labor, and Pensions of the Senate; mittee for a violation of this title; or

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00023 Fmt 0687 Sfmt 6333 E:\BR08\H01MY8.000 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7510 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 May 1, 2008 (B) provide for enforcement of, or penalties for mation about a manifested disease, disorder, or alty shall be made in an administrative pro- violation of, any requirement or prohibition ap- pathological condition of an employee or mem- ceeding after opportunity for hearing in accord- plicable to any employer, employment agency, ber, including a manifested disease, disorder, or ance with section 554 of title 5, United States labor organization, or joint labor-management pathological condition that has or may have a Code, and regulations to be promulgated by the committee subject to enforcement for a violation genetic basis. Secretary. under— SEC. 211. REGULATIONS. ‘‘(5) Except for civil penalties collected for vio- (i) the amendments made by title I of this Act; Not later than 1 year after the date of enact- lations of section 12, sums collected as penalties (ii)(I) subsection (a) of section 701 of the Em- ment of this title, the Commission shall issue pursuant to this section shall be applied toward ployee Retirement Income Security Act of 1974 final regulations to carry out this title. reimbursement of the costs of determining the as such section applies with respect to genetic SEC. 212. AUTHORIZATION OF APPROPRIATIONS. violations and assessing and collecting such information pursuant to subsection (b)(1)(B) of There are authorized to be appropriated such penalties, in accordance with the provision of such section; sums as may be necessary to carry out this title section 2 of the Act entitled ‘An Act to authorize (II) section 702(a)(1)(F) of such Act; or (except for section 208). the Department of Labor to make special statis- (III) section 702(b)(1) of such Act as such sec- tical studies upon payment of the cost thereof SEC. 213. EFFECTIVE DATE. tion applies with respect to genetic information and for other purposes’ (29 U.S.C. 9a). Civil as a health status-related factor; This title takes effect on the date that is 18 penalties collected for violations of section 12 (iii)(I) subsection (a) of section 2701 of the months after the date of enactment of this Act. shall be deposited in the general fund of the Public Health Service Act as such section ap- TITLE III—MISCELLANEOUS PROVISIONS Treasury.’’. plies with respect to genetic information pursu- SEC. 301. SEVERABILITY. (b) EFFECTIVE DATE.—The amendments made ant to subsection (b)(1)(B) of such section; If any provision of this Act, an amendment by this section shall take effect on the date of (II) section 2702(a)(1)(F) of such Act; or made by this Act, or the application of such pro- the enactment of this Act. (III) section 2702(b)(1) of such Act as such sec- vision or amendment to any person or cir- MOTION OFFERED BY MR. GEORGE MILLER OF tion applies with respect to genetic information cumstance is held to be unconstitutional, the re- CALIFORNIA as a health status-related factor; or mainder of this Act, the amendments made by (iv)(I) subsection (a) of section 9801 of the In- Mr. GEORGE MILLER of California. this Act, and the application of such provisions Madam Speaker, I have a motion at the ternal Revenue Code of 1986 as such section ap- to any person or circumstance shall not be af- plies with respect to genetic information pursu- fected thereby. desk. ant to subsection (b)(1)(B) of such section; SEC. 302. CHILD LABOR PROTECTIONS. The SPEAKER pro tempore. The (II) section 9802(a)(1)(F) of such Act; or (a) IN GENERAL.—Section 16(e) of the Fair Clerk will designate the motion. (III) section 9802(b)(1) of such Act as such sec- Labor Standards Act of 1938 (29 U.S.C. 216(e)) is The text of the motion is as follows: tion applies with respect to genetic information amended to read as follows: Motion offered by Mr. GEORGE MILLER of as a health status-related factor; ‘‘(e)(1)(A) Any person who violates the provi- California: (3) apply to the Armed Forces Repository of sions of sections 12 or 13(c), relating to child Mr. George Miller of California moves that Specimen Samples for the Identification of Re- labor, or any regulation issued pursuant to such the House concur in the Senate amendment mains; sections, shall be subject to a civil penalty not to H.R. 493. (4) limit or expand the protections, rights, or to exceed— The SPEAKER pro tempore. Pursu- obligations of employees or employers under ap- ‘‘(i) $11,000 for each employee who was the plicable workers’ compensation laws; subject of such a violation; or ant to House Resolution 1156, the mo- (5) limit the authority of a Federal department ‘‘(ii) $50,000 with regard to each such viola- tion shall be debatable for 1 hour, with or agency to conduct or sponsor occupational or tion that causes the death or serious injury of 20 minutes equally divided and con- other health research that is conducted in com- any employee under the age of 18 years, which trolled by the chairman and ranking pliance with the regulations contained in part penalty may be doubled where the violation is a minority member of the Committee on 46 of title 45, Code of Federal Regulations (or repeated or willful violation. any corresponding or similar regulation or rule); Education and Labor, 20 minutes equal- ‘‘(B) For purposes of subparagraph (A), the ly divided and controlled by the chair- (6) limit the statutory or regulatory authority term ‘serious injury’ means— of the Occupational Safety and Health Adminis- ‘‘(i) permanent loss or substantial impairment man and ranking minority member of tration or the Mine Safety and Health Adminis- of one of the senses (sight, hearing, taste, smell, the Committee on Energy and Com- tration to promulgate or enforce workplace safe- tactile sensation); merce, and 20 minutes equally divided ty and health laws and regulations; or ‘‘(ii) permanent loss or substantial impairment and controlled by the chairman and (7) require any specific benefit for an em- of the function of a bodily member, organ, or ranking minority member of the Com- ployee or member or a family member of an em- mental faculty, including the loss of all or part mittee on Ways and Means. ployee or member under any group health plan of an arm, leg, foot, hand or other body part; or The gentleman from California (Mr. or health insurance issuer offering group health ‘‘(iii) permanent paralysis or substantial im- GEORGE MILLER), the gentleman from insurance coverage in connection with a group pairment that causes loss of movement or mobil- health plan. ity of an arm, leg, foot, hand or other body part. California (Mr. MCKEON), the gen- (b) GENETIC INFORMATION OF A FETUS OR EM- ‘‘(2) Any person who repeatedly or willfully tleman from Michigan (Mr. DINGELL), BRYO.—Any reference in this title to genetic in- violates section 6 or 7, relating to wages, shall the gentleman from Michigan (Mr. formation concerning an individual or family be subject to a civil penalty not to exceed $1,100 UPTON), the gentleman from California member of an individual shall— for each such violation. (Mr. STARK), and the gentleman from (1) with respect to such an individual or fam- ‘‘(3) In determining the amount of any pen- Michigan (Mr. CAMP) each will control ily member of an individual who is a pregnant alty under this subsection, the appropriateness woman, include genetic information of any fetus 10 minutes. of such penalty to the size of the business of the The Chair recognizes the gentleman carried by such pregnant woman; and person charged and the gravity of the violation (2) with respect to an individual or family shall be considered. The amount of any penalty from California (Mr. GEORGE MILLER). member utilizing an assisted reproductive tech- under this subsection, when finally determined, Mr. GEORGE MILLER of California. nology, include genetic information of any em- may be— Madam Speaker, I ask unanimous con- bryo legally held by the individual or family ‘‘(A) deducted from any sums owing by the sent to yield my 10 minutes to the member. United States to the person charged; Chair of the Commerce Committee, Mr. (c) RELATION TO AUTHORITIES UNDER TITLE ‘‘(B) recovered in a civil action brought by the DINGELL. I.—With respect to a group health plan, or a Secretary in any court of competent jurisdiction, The SPEAKER pro tempore. Is there health insurance issuer offering group health in which litigation the Secretary shall be rep- insurance coverage in connection with a group resented by the Solicitor of Labor; or objection to the request of the gen- health plan, this title does not prohibit any ac- ‘‘(C) ordered by the court, in an action tleman from California? tivity of such plan or issuer that is authorized brought for a violation of section 15(a)(4) or a There was no objection. for the plan or issuer under any provision of repeated or willful violation of section 15(a)(2), Mr. DINGELL. Madam Speaker, I law referred to in clauses (i) through (iv) of sub- to be paid to the Secretary. yield myself 2 minutes. section (a)(2)(B). ‘‘(4) Any administrative determination by the Madam Speaker, today we consider SEC. 210. MEDICAL INFORMATION THAT IS NOT Secretary of the amount of any penalty under H.R. 493, the Genetic Information Non- GENETIC INFORMATION. this subsection shall be final, unless within 15 discrimination Act. I first wish to con- An employer, employment agency, labor orga- days after receipt of notice thereof by certified nization, or joint labor-management committee mail the person charged with the violation takes gratulate Representative SLAUGHTER shall not be considered to be in violation of this exception to the determination that the viola- for her leadership on this bill on which title based on the use, acquisition, or disclosure tions for which the penalty is imposed occurred, she has worked for better than 13 of medical information that is not genetic infor- in which event final determination of the pen- years. It has been a privilege to join

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00024 Fmt 0687 Sfmt 0634 E:\BR08\H01MY8.000 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 7511 her in that work, and I am delighted bring it to the House floor with the ex- today ensures that those principles are that it has brought us to today’s vote. pectation that it will be signed into fulfilled, while minimizing the poten- Recent advances in research have law by the President. tial for unintended consequences. made it possible to identify the genetic I thank my colleagues on both sides I would take this opportunity to basis for human diseases. These break- of the aisle for their hard work on this point out a number of improvements in throughs, magnificent as they are, bill and for coming together to make the bill that I think merit attention. have opened the door to early detection this legislation a reality. b 1130 and treatment of diseases and preven- Madam Speaker, I ask unanimous Foremost, I am pleased that the bill tion strategies geared to a person’s ge- consent to yield back the remainder of we will send today to the White House my time to my distinguished friend netic makeup. At the same time, this for President Bush to sign embodies from California, the Honorable GEORGE information can also be used to un- the same logic as a past executive fairly discriminate against or stig- MILLER, chairman of the Education and order issued by President Clinton to matize individuals when it comes to in- Labor Committee, and that he be per- ensure that this legislation would not surance and employment. mitted to yield that time in accordance inadvertently serve as a broad new To protect individuals from insur- with his whims. Federal mandate requiring all insur- ance discrimination, H.R. 493 would The SPEAKER pro tempore. Is there ance plans and employers to cover all prohibit health insurers, both in group objection to the request of the gen- treatments related to genetic-related and individual markets, from can- tleman from Michigan? conditions. That is exactly the type of celing, denying, refusing to renew or There was no objection. unintended consequences we were seek- changing the terms or premiums of Mr. MCKEON. Madam Speaker, I rise ing to avoid, and I am pleased we were coverage based solely on genetic pre- in support of this legislation, and yield able to work this out. dispositions towards specific diseases. myself such time as I may consume. Second, I would highlight a provision Additionally, in order to protect indi- Madam Speaker, while it is not a per- in the legislation that ensures that em- viduals from employment discrimina- fect bill, I do believe it contains a num- ployers who are currently subject to a tion, this bill would make it unlawful ber of important improvements over number of confidentiality and record- for employers or other hiring entities prior versions of this legislation, in- keeping requirements under law are to use an individual’s genetic informa- cluding that which I supported a little not burdened by yet another redundant tion regarding hiring, firing, promotion over a year ago on the House floor. set of paperwork requirements. The bill or other terms and conditions of em- More importantly, it marks a commit- before us today provides that, with re- ployment. The legislation requires that ment by this Congress to ensure that spect to genetic information, if an em- genetic information be treated as a the laws of the United States protect ployer maintains employee records and part of the individual’s confidential American workers and health care con- treats them as it does confidential medical record and that employers sumers from discrimination on the medical records under the Americans maintain separate forms or files for basis of their genetic makeup. Because With Disabilities Act, it is in compli- any genetic information that they may that goal is so critical, I will vote for ance with this new genetics law. obtain. this bill today, and urge my colleagues Third, I applaud a significant im- The House of Representatives passed to do likewise. provement in the bill; namely, its ex- this legislation a year ago with a Before I turn to the substance of my tension of genetic nondiscrimination strong bipartisan vote of 420–3. Unfor- remarks, I would like to commend my protection to all Americans. tunately, the measure has been held up colleague and fellow Member on the One of the issues raised during our in the Senate, as usual. With these con- Committee on Education and Labor, committee’s consideration of the bill cerns now resolved, we are close to pro- Representative JUDY BIGGERT, for her was concern that the bill’s protections viding Americans the ability to under- years of work and dedication on this did not adequately extend to cover go genetic testing that may indicate important issue. She has been per- children in utero or at early stages of early treatment and prevention of dis- sistent and effective on so many issues development, or in connection with in eases such as cancer, heart disease, dia- that have come before this committee vitro fertilization and other tech- nologies. I am very pleased that the betes and Alzheimer’s, without fear of and this Congress and she should be final bill before us addresses this issue losing their health insurance or affect- commended for adding this important to the satisfaction of all Members on ing adversely the conditions of their bill to her list of legislative accom- both sides of the aisle who worked in employment. plishments. I also want to commend good faith to ensure the broadest pro- The SPEAKER pro tempore. The the gentlewoman from New York, the tections possible. distinguished Chair of the Rules Com- time of the gentleman has expired. The Senate amendment we consider Mr. DINGELL. I yield myself 1 addi- mittee, Ms. SLAUGHTER, who has been today contains a number of other im- tional minute. Mrs. BIGGERT’s partner in this effort. provements over prior versions, includ- The bill currently before us includes As I noted during our committee’s ing important provisions relating to clarifying language intended to ease consideration of this bill last year, I those who participate in genetic clin- the concerns of some of my colleagues believe the title of the legislation be- ical testing, providing for use of ge- and is identical to the version passed fore us, the Genetic Information Non- netic information in matters of public by the Senate last week. These changes discrimination Act, embodies a propo- health safety, and ensuring the most include a firewall between title I and II sition that all Members of our com- focused scheme of remedies possible. of the bill. The modifications clarify mittee and indeed our Congress would These changes represent issues we were that employers are not liable for endorse. Simply put, no employee able to work through over the past health insurance violations under civil should face discrimination on the basis year and which demonstrate how the rights laws unless the employer has of his or her genetic makeup or on any legislative process is meant to work. separately violated a provision of title other characteristic other than his or We were presented with well-inten- II governing employers. her ability to do the job. Similarly, no tioned legislation, heard meaningful The changes also make it clear that employee should risk his or her health testimony on it and its potential im- while individuals are protected from insurance status simply because of the pact on employers and employees discrimination based on genetic pre- possibility that they might some day alike, raised and debated legitimate disposition, the authority of insurance develop an illness. concerns, and worked through to companies to base coverage and pricing This bill was drafted with those fun- bridge the gap between where we began on the actual presence of a disease is damental principles in mind, and I be- and where we stand today. not affected. lieve that through the legislative proc- I thank the staff from both sides of These changes broaden the base of ess, we have taken steps toward ensur- the aisle and in both chambers for support for the bill and allow us to ing that the bill we send the President making this a reality.

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While we all agree with the people to take advantage of the mir- is clear that we have to in fact protect goal of nondiscrimination I discussed acles of modern medicine without fear that genetic information from being earlier, the facts remain that we are of reprisal or consequences at work or discriminated against by who knows poised today to adopt a sweeping new in health care or in qualifying for in- who. expansion to Federal Civil Rights surance. And I would say that, thanks to my scheme, the most expansive change GINA, as it is known, prohibits insur- colleagues, Mr. DEAL, the ranking since the adoption of the Americans ers and employees from using the ge- member on the Health Subcommittee With Disabilities Act of 1990. netic information to discriminate. who is in a hearing right now, and JOE As we send this bill to the President Thus, a woman who has decided to find BARTON, the ranking member, that we to sign into law, I would urge my col- out whether she carries the breast can- have all made advances and worked leagues to join me in remaining vigi- cer gene need not worry about losing closely with Chairman DINGELL to lant in the months to come in moni- her job or health insurance merely be- mitigate what we believed were some toring the administration of this new cause she sought the test. Enactment significant problems with the legisla- law to ensure that it addresses the of this law is critical to protect pa- tion as it was introduced. problems it is intended to correct, and tients and is needed to encourage peo- Among other items, we wanted to does not simply become yet another ple to use robust genetic research and make sure that any use of information bureaucratic burden on employers or a to encourage more research. Additional by certain entities regulated under the lottery ticket for plaintiffs’ lawyers. research will help us determine when Health Insurance Portability and Ac- In that same light, as courts and ad- we men will get colon cancer or pros- countability Act not also be regulated ministrative agencies interpret and en- tate cancer, and not be afraid to go and by the Equal Employment Opportunity force these laws, I would urge them to receive those tests for fear of being dis- Commission under title II of the bill. heed the intent of Congress; namely, criminated against. Such dual regulation of the use of in- that this bill’s most egregious pen- This legislation enjoys broad bipar- formation would have been highly dis- alties must be reserved for the most tisan support of more than 500 groups ruptive and certainly inappropriate. egregious violations of the law. If expe- representing patients, employees, phy- We also made numerous clarifica- rience under this new law shows that sicians, providers, and others who tions to make sure that the new regu- this is not the case, I trust my col- value the protection that this legisla- latory scheme did not disrupt reason- leagues will join me in supporting swift tion provides. I urge strong support for able and needed activities by health action to correct any mistakes we have this bill. plans to improve health care, coordi- made. I ask unanimous consent that I be nate benefits, process benefits, or edu- With that, I will conclude my com- able to yield the balance of our time cate beneficiaries. It is important for ments. As I noted at the outset of my for the Ways and Means Committee to the Congress to be mindful that we are remarks, our actions today will ensure the gentleman from California (Mr. not writing on a blank slate each and that the law of the United States pro- GEORGE MILLER), and that he control every time that we launch one of these tects American workers and health the balance of our time. new regulatory and liability schemes. care consumers from discrimination on The SPEAKER pro tempore. Is there And I certainly join many here that the basis of their genetic makeup, a objection to the request of the gen- are satisfied that these important im- goal I think is shared by every Member tleman from California? provements made by the Committee on of this House. I urge my colleagues to There was no objection. Energy and Commerce are preserved in support this legislation. Mr. UPTON. I yield myself such time the bill. I want to commend the bipar- I yield the balance of my time to the as I may consume. tisan and bicameral discussions that gentlelady from Illinois (Mrs. BIGGERT) Madam Speaker, I rise in strong sup- led to this compromise, and I would and ask unanimous consent that she be port of this legislation, and want to urge that we all support it when a roll allowed to control the remainder of the commend all those that were instru- call vote comes. time. mental in getting its passage to the At this point, I would yield the bal- The SPEAKER pro tempore. Is there floor, particularly my good friend, ance of our time that our committee objection to the request of the gen- JUDY BIGGERT from Illinois. controls to my friend from Illinois tleman from California? We have made some wonderful ad- (Mrs. BIGGERT). There was no objection. vances in health care research over the The SPEAKER pro tempore. Without Mr. GEORGE MILLER of California. number of years. I can remember help- objection, the gentlewoman from Illi- I yield 3 minutes to the gentleman ing to lead the charge with my col- nois will control the time. from California, the subcommittee league, Mr. WAXMAN, on a bipartisan There was no objection. Chair of Ways and Means, Mr. STARK. bill to double the money for the Na- Mr. GEORGE MILLER of California. Mr. STARK. Madam Speaker, I would tional Institutes of Health back in the I yield 3 minutes to the gentlewoman add my congratulations and praise to nineties, and we had a similar effort in from Pennsylvania, Ms. ALLYSON the gentlewoman from New York (Ms. the Senate between JOHN MCCAIN, the SCHWARTZ. SLAUGHTER) and the gentlewoman from Republican leader there of that same Ms. SCHWARTZ. Today, Americans Illinois (Mrs. BIGGERT) for the work issue, and Paul Wellstone, a dear col- buy health coverage believing they are that they have done to bring this bill league who is no longer with us. But, doing the right thing and expecting finally to the floor for passage. It is a together we passed that bipartisan leg- that they have secured access for need- bill that has languished for over a dec- islation. And with those advances, of ed health services for themselves and ade. It is good to see that times have course we have to look at other things their family. But, unfortunately, this changed. We moved expeditiously last that are pertinent, too, and that is why is simply not always true. Individuals, year through three committees and on this Genetic Information Non- regardless of their age or cir- to the floor, and it will leave this discrimination Act is so important. cumstances, are denied health coverage chamber today and head to the White I remember traveling to the Univer- every day due to the evidence or exist- House for the President’s signature. It sity of Michigan and meeting with one ence of preexisting conditions. This is a small but long overdue step toward of the researchers there that in fact could be anything from asthma to approving our health care system and had received an NIH grant; and he just heart disease, and it could affect any- preventing employment discrimina- weeks before, because of that grant, one from our Nation’s children to our tion, and ensures that our laws gov- had identified the breast cancer gene grandparents to each of us.

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For more than 10 years, the Health screenings because they would be at a thank Chairman MILLER and my col- Insurance Portability and Account- higher risk of developing that type of leagues on the Education and Labor ability Act has provided protection for cancer. Committee for their work on this and some individuals and families to ensure We all preach about transforming so many other important issues. I urge this information is not used to deny medicine to provide more preventative my colleagues to vote ‘‘yes.’’ health coverage by either an employer care. Now, we are finally at a point Mrs. BIGGERT. Madam Speaker, I or an insurer; but gaps still remain. where medical technology can be effec- yield myself such time as I may con- With the evolution of biomedical re- tively used to deliver the preventative sume. search, our Nation’s scientists have care that we envision. Madam Speaker, I rise today in discovered opportunities to use genetic I am certain that the use of genetic strong support of H.R. 493, the Genetic information to prevent, diagnose, and information is just the tip of the ice- Information Nondiscrimination Act, more effectively treat some of the berg. As medicine develops, so must which will prohibit health insurers and most devastating diseases of our life- our laws and regulations; yet, we must employers from discriminating on the time. I am honored to represent some be careful not to stifle these promising basis of genetic information. of these most brilliant researchers and medical advances. I am confident that As many of my colleagues are aware, scientists in Southeastern Pennsyl- we can both protect patient privacy this legislation has been around for vania. and improve the delivery of health care quite some time. I have been working In addition to the great medical po- as this legislation does. on for it more than 7 years, and Con- tential they are exploring, genetic in- With that, I yield the remaining time gresswoman SLAUGHTER has been work- formation also has the potential to re- from my committee to the gentle- ing on it for more than 12 years. It’s duce health care costs with better pre- woman from Illinois to control. been a long road, and there have been vention and disease management. We The SPEAKER pro tempore. Without many times I thought this day would must ensure that these new revelations objection, the gentlewoman from Illi- never come; but it is here. do not come with a price: Discrimina- nois will control the time. Over this period of time, I have heard tion by employers, insurers, schools, or There was no objection. stories from my constituents and other others based on genetic information of Mr. GEORGE MILLER of California. individuals across the country about those who are not even sick but are I yield 2 minutes to the gentlewoman how genetic information was affecting simply identified as being predisposed from New Hampshire (Ms. SHEA-POR- their lives. Quite simply, they are sto- to a specific disease. If we do not reas- TER), a member of the committee. ries of how our laws have failed to keep sure our fellow Americans that they Ms. SHEA-PORTER. Madam Speak- pace with medical science. are safe in taking full advantage of the er, I rise today in support of H.R. 493, A breast cancer survivor in Chicago opportunities provided by exploring the the Genetic Information Non- told me that even though her doctor genetic information, then these ad- discrimination Act. recommended she undergo a genetic vances in biomedical research could As a member of the Education and test to see if she had a 60 percent well be for naught. Labor Committee, I knew that we had chance of developing ovarian cancer, For this reason, I applaud my col- served the American people well when which was quite common in the type of league, Representative SLAUGHTER, for the committee passed this bill and then breast cancer that they had, she re- introducing the Genetic Information the House passed it almost unani- fused the test. She said I can’t, I will Nondiscrimination Act and for being mously in April 2007. Now, a year later, lose my job. its champion for so many years. I am we are on the verge of sending this im- It isn’t that she didn’t want to know; proud to support its passage today. It portant legislation to the President quite the opposite. She desperately is important for all Americans and with overwhelming bipartisan support wanted to know, but she feared if she their access to health coverage. in both Chambers. had an adverse result from the test, she Mr. CAMP of Michigan. Madam would lose her job. She is not alone; b 1145 Speaker, I yield myself such time as I studies show that 85 percent of Ameri- may consume. Science and medicine have made cans fear employers will use genetic in- As many of my colleagues have stat- great strides in recent years, especially formation to discriminate. ed, passing this bill is an important with regard to genetic mapping and re- And then there is the woman from step forward in protecting the health of search. The potential for finding the Missouri whose sister had suffered from every American. We should be proud of answers we desperately seek for so cancer was cautioned by her doctor our efforts to work on a bipartisan many diseases and afflictions is greatly that undergoing genetic testing would basis to craft this legislation, and I increased by the research being done. cause her to lose her health insurance. want to recognize the efforts of the However, in order for these efforts to She too chose not to undergo a genetic gentlewoman from Illinois, Congress- be successful, the public must be as- test. She is not alone; studies show woman BIGGERT. This bill should be a sured that these new discoveries will that 84 percent of Americans express model for our efforts to reform health help and not hurt them. concern that health insurance compa- care. Science will soon be able to tell us nies would deny coverage based on ge- We all agree that individuals should about many more diseases that individ- netic information. not be discriminated against on the uals are genetically predisposed to de- And then there is the man with a basis of their genetic information. Em- velop. That information should be used family history of PKD, decided to take ployers and insurers should not be al- only for the public good. It must not be a genetic test but chose to use an alias lowed to use genetic markers to deny used by companies to pick and choose and pay cash rather than bill his insur- employment or health coverage simply who gets insurance or who gets dis- ance just to keep the test out of his because they possess a particular gene. criminated against. They should not be medical file. And he also is not alone; But genetic information can also be allowed to charge higher insurance pre- 26 percent of genetic counselors them- used to help patients. Health plans miums because of somebody’s indi- selves admit that they would use an have an ability to interact with both vidual genetic makeup. alias and 68 percent said they would patients and providers to highlight rec- This critical piece of legislation will pay for the test out of their pocket to ommended tests and courses of action. protect individuals from discrimina- protect themselves from discrimina- For example, a person that has a tion. This is an important step that tion. gene for a certain type of cancer would Congress is taking today, and I am The dean of a prominent university be recommended to receive more fre- very happy that we are doing this in a in Massachusetts told me that the fear quent cancer screenings. Knowing this, unified spirit. I commend Congress- of genetic discrimination was hin- the health insurer would know to ap- women Slaughter and Biggert for their dering clinical trials, slowing the de- prove coverage for these additional efforts here. And I would also like to velopment of life-saving techniques. At

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00027 Fmt 0687 Sfmt 0634 E:\BR08\H01MY8.000 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7514 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 May 1, 2008 NIH, fear of genetic discrimination is It has been a long road, but the main color of your skin, your gender, your the most common reason people cite sponsors of the legislation, Representa- sexual orientation, your ethnicity, for not participating in clinical trials tive SLAUGHTER and Representative your age, or your religion. To that on breast and colon cancers. BIGGERT have persevered, and I con- today we are adding the notion of your Madam Speaker, I have heard these gratulate them both. genetic background. stories over and over again from indi- I am proud to be an original cospon- I think most Americans would under- viduals wanting to know their genetic sor of GINA which will prohibit em- stand as a matter of simple common risk of developing diseases as far rang- ployers from using genetic information sense that if your grandmother had ing as cancer, heart disease, diabetes, to discriminate against workers, and breast cancer, it should be irrelevant Parkinson’s, Alzheimer’s, Tay-Sachs, will also prohibit health insurers from as to whether you get a job or not. If and PKD. using such information to raise pre- your grandfather was diabetic, it The sad fact is that these individuals miums or to deny coverage. should be irrelevant as to whether you are avoiding genetic tests that would We know that many States, includ- get health insurance or not, and under empower them with the information ing my home State of California, pro- what terms. that could save their lives. hibits employers and health insurers This simple, powerful, commonsense So I want to let all people know that from discriminating on the basis of ge- idea that is embodied in this legisla- when the House passes GINA today, we netic information, and that is good, tion will become embodied in the law will be just one step away, and that but these laws vary widely. very shortly because of the good work would be the signing by the President, So it is important for the Federal that is being done here. from realizing the medical benefits of Government, as it has with title VII Beyond the basic fairness, the basic genetic testing. One step away from en- and the Americans with Disabilities principle that we should be judged by suring that people will be able to take Act, ADA, to step forward to establish our abilities and not by our character- a genetic test without risking their a national policy, making it clear that istics, is the point that we discussed jobs and health insurance. One step discriminating against workers and earlier during the rule debate. Many away from ensuring that patients can others based on genetic information is Americans justifiably fear that if they stop using aliases and paying out of unacceptable. share their genetic information with pocket to keep their genetic tests se- Madam Speaker, this bill also con- researchers, that information may cret. One step away from ensuring that tains the provisions of H.R. 2637, the wind up hurting them. It may wind up individuals will be able to participate Child Labor Protection Act of 2007. It depriving them of a job, depriving in genetic clinical trials without fear was a bill I introduced last year that them of health insurance, or raising of discrimination. passed the House in June of 2007. their health insurance premiums. And the last step is the President’s The provisions in H.R. 2637 will in- The very significant protections that signature, and I am happy to say that crease civil penalties from $11,000 to are in this bill, soon to become law, he is expected to sign this bill. Madam Speaker, it is clear to me $50,000 for violations that cause the will provide a level of assurance for that by passing GINA and freeing peo- death or serious injury of a child work- Americans that when we participate in ple from fear of genetic discrimination, er, as if there is any penalty high genetic research, as I have by donating we can unlock the tremendous life-sav- enough to make up for a child. my DNA sample to the Coriell Insti- ing and cost-saving potential of genetic The legislation, though, provides tute in Camden, New Jersey, that we research. More Americans will partici- that a penalty can be doubled when the will be protected against misuse of pate in genetic clinical trials, and violation causing death or injury is re- that information. more Americans will use these tech- peated or willful. The child labor bill This unlocks an exhilarating poten- nologies to improve their health. was a narrowly drafted bipartisan ef- tial for finding the cure for all kinds of And with these improvements comes fort. It is a good foundation for future diseases and afflictions that have hurt the prospect of dramatically reducing action on child labor laws. so many people for so long. So I believe the chronic care costs that cripple our So I am delighted that part of GINA this is a singular achievement. It is an health care system. We now have more includes my legislation, legislation honor to be a part of it, and I know than 500 different health advocacy and that can be used to offset the costs of that generations of Americans will business organizations supporting this GINA. benefit not only from the simple fair- bill. Recent surveys shows that 93 per- We are living, Madam Speaker, in an ness that this law will impose in the cent of Americans believe that employ- exciting age. We have just begun to tap workplace, but for the great potential ers and insurers should not be able to the potential of genetic testing. This that this law will unlock for the inves- use genetic information to discrimi- bill adds the protection that is needed tors and inventors and researchers of nate. so this research can go forward and be this country. With numbers like these, it should be used wisely. No American should ever be denied a no surprise that the House passed this Mrs. BIGGERT. I reserve the balance job or health insurance or a promotion bill last April 420–3, and the Senate of my time. because of their genetic characteris- passed it last week 95–0, and the Presi- Mr. GEORGE MILLER of California. tics. Because of our actions today, this dent is expected to sign this measure Madam Speaker, I yield 3 minutes to will become the law. into law. the gentleman from New Jersey (Mr. I thank the chairman for his leader- Madam Speaker, I reserve the bal- ANDREWS). ship. I thank Mrs. BIGGERT for her lead- ance of my time. Mr. ANDREWS. I thank the chair- ership and Chairwoman SLAUGHTER as Mr. GEORGE MILLER of California. man for yielding, and I rise in strong well, and urge a ‘‘yes’’ vote in favor of Madam Speaker, I yield 3 minutes to support of this legislation. I would like this legislation. the gentlewoman from California (Ms. to thank all of those involved in bring- Mr. GEORGE MILLER of California. WOOLSEY), a subcommittee Chair in the ing us to this point, Ms. SLAUGHTER, I yield 2 minutes to the gentleman Committee on Education and Labor. Mrs. BIGGERT, and I especially want to from New York (Mr. ENGEL), a member Ms. WOOLSEY. Madam Speaker, we mention Mark Zuckerman, Brian Ken- of the Energy and Commerce Com- have been waiting for this day for over nedy, Michelle Varnhagen, and Carlos mittee. a decade. Finally we are here, and we Fenwick from our staff who worked so Mr. ENGEL. Madam Speaker, as a are about to pass H.R. 493, the Genetic hard on making this a reality. Thank member of the Energy and Commerce Information Nondiscrimination Act you very much for your good work. Committee and a member of the Health that we called GINA which was first in- This is about as basic as it gets. It is Subcommittee, I thank my friend, the troduced by Representative SLAUGHTER a fundamental principle in this country distinguished chairman of the Edu- in 1995 and which was approved by the that when you walk in and apply for a cation and Labor Committee, for al- Senate last week. job, you shouldn’t be judged on the lowing me time under his leadership.

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00028 Fmt 0687 Sfmt 0634 E:\BR08\H01MY8.000 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 7515 I am a proud cosponsor of this bill. I While the best way to allay those benefits of genetic research and pro- am pleased to see it moving forward fears would be to enact universal tecting the genetic privacy of Ameri- after more than a decade of advocacy. health care coverage for all, this bill is cans. While researchers’ ability to identify a fantastic first step. I urge all my colleagues to support genetic markers for diseases has given By prohibiting discrimination on the this bill. hope and promise to millions of people basis of our genes, this bill will im- Mrs. BIGGERT. I reserve the balance regarding how to make more informed prove the chances that average Ameri- of my time. choices about their personal behavior, cans can benefit from cutting edge ge- Mr. GEORGE MILLER of California. the promise of this breakthrough is netic science. It will promote better I yield myself such time as I may con- hindered, as many of my colleagues health care by helping Americans feel sume. have said, by well-founded fears of how secure enough to learn about their ge- Mr. Speaker, today we are cele- information may be abused in the em- netic risk factors. brating, or we will shortly with a vote ployment and insurance industries. As the daughter of a father who suf- on the Genetic Information Non- While many states, including my own fers from Alzheimer’s and a mother discrimination Act, known as GINA. And today we celebrate it with a great home State of New York, have laws who suffers from arthritis, I personally sense of unanimity and agreement which prohibit discrimination in understand the need to make genetic about this legislation. But that clearly health insurance, and by employers testing a positive step in under- was not always true over more than based on genetic testing and informa- standing one’s genetic predispositions and making health care choices. Ge- the past decade. tion, it is clear that the laws are not This legislation has been controver- netic testing should not be a hindrance fully comprehensive and that Federal sial to some. It has had a shifting body to getting or keeping one’s job or action is necessary, certainly to make of opponents to it over those many it more uniform across all 50 States. health care benefits. years. There are many who tried to as- While this bill will accomplish many b 1200 cribe attributes to this legislation that great things, I want to point out just Fear should not be a deterrent to either wasn’t intended to address or two very important ones. Number 1, it didn’t exist at all. But the opposition knowledge. Disregarding available will arm people with necessary and rel- tests for fear of discrimination pre- was formidable. evant information about their own But when we celebrate the passage of vents citizens from making smarter, health. And Number 2, it will ensure this legislation today, we must also personalized choices about their own that people won’t be penalized for seek- celebrate the spirit of two women in well-being. We know too much to sub- ing and using this valuable informa- the House of Representatives that per- scribe to one-size-fits-all medicine. And tion. severed through all of the political de- once again, it should be our physicians, I urge all my colleagues to support bate, as hot it was from time to time, not our insurance companies, who in- the Genetic Information Non-Discrimi- through all of the controversy, through fluence our health care decisions. nation Act. much of the ignorance and misinforma- This is a wonderful bill, very much Mrs. BIGGERT. I reserve the balance tion about the legislation, but who, overdue for enactment, years and years of my time. throughout that entire decade, under- and years in the process. It’s supported Mr. GEORGE MILLER of California. stood the promise of this legislation, by hundreds of patient advocate I yield 2 minutes to the gentleman both to those who would not be dis- groups, and will make a true impact on from Pennsylvania (Mr. SESTAK), a criminated against in the future, but the health care of our Nation. member of the Education and Labor also the promise in terms of medical I urge all my colleagues to support Committee. research and information that would the bill. Mr. SESTAK. Mr. Speaker, the com- become available to promote, not only I yield back the balance of my time. pletion of the human genome project 5 cures and treatment, but greater sci- Mrs. BIGGERT. I have no further years ago made it possible to identify entific understanding of the genome speakers, and I reserve the balance of specific genes that trigger diseases and our make-ups and its impact on my time. later in life. However, out of at fear of our health. Mr. GEORGE MILLER of California. losing their jobs or their health insur- And those two women were Congress- I yield 2 minutes to the gentlewoman ance, studies have shown that many woman LOUISE SLAUGHTER from New from California (Ms. LINDA T. Americans forego the potential health York, and our colleague who is with us SA´ NCHEZ), a member of the Education benefits of genetic testing. in the Chamber today, JUDY BIGGERT Committee. While involved in a course at the from Illinois. Ms. LINDA T. SA´ NCHEZ of Cali- University of Pennsylvania on genetic It’s one thing to stand here and say fornia. Mr. Speaker, I rise in strong discrimination, the position paper Dr. we all agree today. But that wasn’t the support of the Genetic Information Ruth Cowan’s students presented to me case, and that was what they kept Non-Discrimination Act, and thank my reemphasized that this concern of ge- pushing against year after year to get colleague, Congresswoman SLAUGHTER, netic discrimination risks stifling fur- the Congress to understand the impor- for her tireless work term after term to ther scientific advances in genetic tance of this legislation. We come to support this bill and ensure that it based research. that understanding rather late, when would eventually become law. No genetic nondiscrimination laws in you consider that many of the States Over the past several years, genetic health care, such as in my State of have taken the steps, many Nations discoveries have progressed at a re- Pennsylvania, may mean foregoing have taken this step, but it’s terribly markable rate. Today, doctors and sci- cures based upon genetic research. important that we do it so people will entists have the ability to detect genes With a young daughter who underwent be assured that no worker will be dis- linked to common conditions like treatment for a malignant brain tumor criminated against because of his or colon cancer and heart disease. Individ- recently, I understand why, as sci- her genetic information. uals who learn about their genetic risk entific technology advances, discrimi- As I mentioned, 41 States have al- factors can make lifestyle changes and nation cannot grow with it, or we harm ready led the way in passing laws to begin treatments that prevent these not only the quality of life, but life prohibit discrimination to individual conditions altogether. itself. health insurance markets. 34 States But too many Americans don’t take With State laws varying in how to have passed laws to prohibit employers advantage of these amazing break- maintain the privacy of genetic infor- from discriminating in the workplace. throughs for a very practical reason. mation, the Genetic Information Non- And the Federal Government has They fear that the information will be discrimination Act will set a national banned discrimination against Federal used to deny them health insurance or standard and take the first step toward Government employees. Every Amer- even a job. advancing the scientific and health ican deserves this protection.

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In the last two decades we’ve seen in- SLAUGHTER and BIGGERT have fought, providers because people, again, will be credible scientific advances in the diag- over this last decade, for these impor- taking these measures. nosis and the treatment of once un- tant changes, these important provi- And as I said before, through the treatable, undetectable conditions. Sci- sions in the law. And I want to thank clinical trials, it will increase the abil- entists now have the incredible ability them for all of their hard work. ity to find cures for so many diseases if to identify genetic markers for disease I also want to take a moment to people get into these. that could and may never occur. Ge- thank the members of my staff, So with that, I would really like to netic testing can also help prevent dis- Michelle Varnhagen, Mark Zuckerman, take a moment to thank Representa- eases by identifying them early. Brian Kennedy, Jody Calemine and Mi- tive SLAUGHTER, Chairman SLAUGHTER Despite this amazing potential of ge- chael Gaffin for all of their efforts. of the Rules Committee one more time, netic testing, advancements have been From Congressman ANDREWS’ staff, GREG WALDEN of Oregon who has been stifled out of fear of what some may do Carlos Fenwick. a major sponsor of this bill, Congress- with the results of those tests. Many Congresswoman SLAUGHTER’s staff, man ANDREWS of New Jersey, who has Americans forego testing because of Michelle Adams, Cindy Pelligrini. been so helpful, and Mrs. ESHOO from that fear, the fear of losing their jobs, From Congresswoman BIGGERT’s California, who has been so involved. the fear of losing their health insur- staff, Brian Petersen, Jaime Vickery. And then Senator SNOWE, Senator KEN- ance. And from Congressman MCKEON’s NEDY and Senator ENZI for all their We pit that against the knowledge, staff, Ed Gilroy and Jim Paretti. hard work on this issue. It’s truly been the discovery and the treatment that From Congressman DINGELL’s staff, a pleasure to work with all of them. would have been possible to those indi- Pete Goodloe, Jeanne Ireland, Jessica I would also like to thank Mr. viduals, but the fear prevented them McNiece, Gregg Rothchild, and John MCKEON and Mr. MILLER again, the from coming forward. And this is not Ford. chairman and ranking member of the an isolated fear. From Congressman FRANK PALLONE’s Education and Labor Committee, for A 2006 research study showed that 85 staff, Bobby Clark. all their support. And then the other percent of the respondents believe that From Congressman RANGEL’s and chairmen, Congressman DINGELL and without protections, employers would STARK’s staff, Cybele Bjorklund and Congressman BARTON of the Energy use genetic information to discrimi- Deb Mizeur for all of their assistance. and Commerce Committee, and Mr. nate. 64 percent believe that insurers And in the Senate, from Senator UPTON of Michigan for coming down would use the information to deny crit- KENNEDY’s staff, Dave Bowen, Portia and working on this today. And then ical coverage. Wu and Lauren McFerren. Chairman RANGEL and ranking member The Genetic Information Non- And from Senator SNOWE’s staff, Bill MCCRERY of the Ways and Means Com- discrimination Act is clear. Title I of Pewen. mittee, and then Representative CAMP the bill prohibits group health plans And from Senator ENZI’s staff, Ilyse for being the spokesman for them. I ap- and insurers from collecting or re- Schuman and Keith Flannagan. And plaud them for all their efforts. questing genetic information with nar- legislative counsel, Ed Grossman, I would also like to thank former row exceptions. It also protects the pri- Larry Johnson and Henry Christrup, Speaker Newt Gingrich, who has been vacy of this personal information. for all of their assistance and all of the so supportive of this legislation. And I Title II of the bill prohibits employ- effort that they put in to making the would be remiss if I didn’t mention ers from collecting or using their em- changes and the distinctions between Sharon Terry and the Coalition for Ge- ployees’ genetic information. It also the actions in the House and the Sen- netic Fairness, as well as all of our prohibits employers from discrimi- ate, and all of the controversy that other organizational supporters, for all nating against employees in hiring, fir- this brought with them. their persistence and their expertise on ing and other terms of conditions of With that, I’d like to reserve the bal- this issue. employment based upon the genetic in- ance of my time so that Ms. BIGGERT And Dr. Francis Collins of NIH for formation. may make her closing remarks. And his testimony before all three commit- This final bill makes it clear that, again, I want to thank her so much. tees in the House. even though employers may not be Her membership on our committee held accountable for violations com- makes us very proud. And her political b 1215 mitted by health plans under title I, toughness to see this through to the Finally, I have to thank the staff, all employers remain fully liable for any end, along with LOUISE SLAUGHTER, is a of the staff, who worked so tirelessly violations of title II, including viola- wonderful story that we celebrate also for years now behind the scenes on our tions involving health benefits. with the passage of this legislation. behalf and put in long, long hours on It is well settled in this country’s I reserve the balance of my time. this legislation. And in particular, my employment discrimination laws, such Mrs. BIGGERT. I thank you, Mr. thanks go to Michelle Varnhagen and as title VII, the Age Discrimination Chairman, for your kind words. And Jim Paretti from the Education and Employment Act and the Americans it’s been a long road, but we’re here, Labor Committee staff, and then with Disabilities Act, that it is unlaw- and with your help. Michelle Adams from Ms. SLAUGHTER’s ful for employers to discriminate Just let me say that there’s three staff, and Brian Peterson of my staff. against employees in their health bene- benefits that are so important for this There’s so many reasons why every- fits. bill. Number one is that people will get body should vote for this, and certainly We intend for the courts to continue a genetic test. And if it shows that having passed the House by 420–3 last to interpret employer obligations they have a propensity for having some April and the Senate 95–0, you say, under GINA similarly to all other civil disease, they can then take preventive This is a no-brainer; why didn’t this rights laws. GINA will protect workers measures and take measures that are happen a long time ago? And what’s like David Escher, a former worker at going to improve the quality of their been alluded to is to get three commit- the Burlington Northern Santa Fe life. And it’s personalized medicine. tees in the House of Representatives to Railroad, who discovered his employer People have got to take command of work on all of the issues, and they are was trying to prove his injury was their medical lives. so technical in how they relate to each caused by a genetic disorder rather Second of all, because people will other and how it relates to privacy and than work-related injury. This is pre- take preventive measures, this is going the other HIPAA and ADA and all of cisely the type of discrimination and to reduce the cost of health care. It’s the things that had to be brought in misuse of genetic information that we going to reduce the cost to businesses here, I think everyone works so hard seek to prohibit in this bill. because their employees will be taking just to have a wonderful result. And The protections provided by GINA these preventive measures, and it’s it’s no surprise that we’re here, but it are long overdue, and Representatives going to reduce the cost to health care just took a long time.

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00030 Fmt 0687 Sfmt 0634 E:\BR08\H01MY8.001 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 7517 With that, I would urge all my col- Thanks to genetic testing, individuals with a that person higher premiums based solely on leagues to vote for this measure. risk of an illness can take precautionary steps a genetic predisposition to develop a disease I yield back the balance of my time. ahead of time to ward off disease, which will in the future. Furthermore, it bars employers, Mr. GEORGE MILLER of California. contribute to lower health care costs over employment agencies, labor organizations or Mr. Speaker, I also would be remiss if time. training programs from using an individual’s I did not thank Dr. Francis Collins for However, it is critical that we protect individ- genetic information when making hiring, firing, all of his work and assistance and guid- uals from any discrimination that could result job placement or promotion decisions. ance to the Congress on this matter from the information these tests reveal. Genetics is a field of study that offers tre- and for everything else he does in such The results should not be used by health in- mendous promise for medical advancement, a wonderful fashion. surers to deny anyone coverage or increase but we must give thoughtful consideration to Ms. PELOSI. Mr. Speaker, I rise today in their premiums because of a pre-disposition to the implications of these emerging discoveries strong support of the Genetic Information Non- a certain disease. on society. No individual should fear discrimi- discrimination Act. And the results should not be used by em- nation based on genetic technologies. H.R. I would like to thank Congresswoman LOU- ployers to discriminate against employees 493 will allay concerns about the potential for ISE SLAUGHTER for her outstanding leadership based on their predisposition to disease. discrimination, encourage individuals to partici- on this issue. For 13 years, she has worked The passage of this bill will encourage indi- pate in genetic research, and take advantage to pass this bill to protect Americans from ge- viduals to seek genetic testing if they so de- of genetic testing, new technologies, and new netic discrimination. She’s both the powerful sire without fear of losing their health insur- therapies. I thank Congresswoman SLAUGHTER chair of the Rules Committee, and a micro- ance and give them the ability to seek early for her leadership on this issue and urge my biologist, so she knows what she is talking medical treatment. colleagues to support its passage. about. One segment of the health care market- Mr. STUPAK. Mr. Speaker, I rise in support The sequencing of the human genetic code place was excluded from the bill’s protec- of H.R. 493, the Genetic Information Non- is one of the great scientific accomplishments tions—the long-term care insurance market. discrimination Act, GINA. in the history of the world. It has the potential This bill was never intended to regulate the After 13 years—this bill will finally make its to treat and prevent disease. It is evidence of long-term care insurance market, and I under- way to the President’s desk, to help protect science’s almost-biblical power to heal. stand that current statute treats long-term care families from genetic discrimination. Congratulations to the Congresswoman But with this scientific breakthrough comes insurance differently. from New York, Ms. SLAUGHTER, for her work a responsibility to protect Americans from the However, individuals that determine that in drafting this bill and guiding it through the misuse of their genetic information. Today, the they are at high-risk for developing Alz- cumbersome referral to three committees. Congress will begin to fulfill that responsibility heimer’s disease will undoubtedly begin plan- Together, with Chairman DINGELL, Ms. by passing this legislation. ning for their long-term care and probably pur- DEGETTE and Mr. SMITH, we were able to in- This legislation prevents health insurers chase long-term care insurance. clude an important provision to protect families from adverse coverage or pricing decisions Despite all of the good intentions in this leg- from unfair treatment on the basis of the ge- based on a person’s genetic predisposition to- islation, the bill would allow long-term care in- netic material of their fetuses or children in the ward a disease. It ensures an employer can- surance underwriters to refuse to cover or process of adoption. not make adverse employment decisions charge individuals predisposed to such dis- Without this bill, families may face genetic based on what is in a person’s genetic code. ease higher premiums for a disease they have information discrimination from testing of em- It also makes it illegal for an insurer or em- yet to develop and may never develop. bryos and fetuses, as well as children who are ployer to request or demand a gene test. As we move forward, Congress should en- in the process of adoption. Because of this legislation, Americans will sure that future legislation extends the patient As genetic testing becomes increasingly be free to undergo genetic testing for diseases protections inherent in this bill to consumers common, these provisions will ensure that ge- such as cancer, heart disease, diabetes, and who want to plan for their future and purchase netic material gathered through pre-implemen- Alzheimer’s, without fearing for their job or long-term care. tation genetic diagnoses, amniocentesis, or health insurance. There is life-saving informa- With that, I am pleased to support this im- other future techniques is not used to limit tion in those tests. And for scientists, there is portant legislation and send this bill to the families’ access to health care. information that allows for huge break- President. Again, I thank Ms. SLAUGHTER for her com- throughs. Mr. LANGEVIN. Mr. Speaker, I rise in strong mitment to reflect these changes throughout This legislation is supported by the vast ma- support of H.R. 493, the Genetic Information the bill in order to avoid any further confusion jority of the American people, 93 percent of Nondiscrimination Act, which extends crucial as to whether or not families can be discrimi- whom do not want employers to have access Federal protections against discrimination nated against on the basis of the genetic ma- to their genetic information. based on an individual’s genetic information. terial of their unborn child or child under con- This is such good policy that this legislation The new millennium has seen unprece- sideration for adoption. is supported by more than 500 organizations, dented scientific advances in genetic research I was proud to work with many Members to including a broad coalition of civil rights and that have brought a renewed hope of solving include this provision. religious organizations. Health advocacy today’s most difficult medical puzzles. Since I encourage my colleagues to vote for this groups ranging from the American Academy of the human genome was fully mapped in 2003, important legislation. Pediatrics to the March of Dimes to the Susan many in the scientific and medical commu- Mr. KENNEDY. Mr. Speaker, I rise today in G. Komen Breast Cancer Foundation have en- nities have viewed genetic medicine as the strong support of H.R. 493, the Genetic Infor- dorsed it. next step toward finding better diagnoses, mation Nondiscrimination Act. I would like to In the Congress, it has broad bipartisan treatments and possible cures for a wide thank my good friends and colleagues, Rep- support. It also has the support of the Presi- spectrum of diseases. These advances have resentative LOUISE SLAUGHTER and Represent- dent. also raised legitimate ethical concerns about ative JUDY BIGGERT, for their tireless advocacy Let us not wait another day to pass this leg- the potential misuse of genetic information in to bring this bill to the House floor today and islation so it can move to the President’s desk workforce and insurance related decisions. Al- then on to the White House for President for his signature and become law. though current law already addresses certain Bush’s signature. Mr. GENE GREEN of Texas. Mr. Speaker, aspects of this issue, the importance of pro- There is nothing more personal and more I rise today in support of H.R. 493, the Ge- tecting individuals from discrimination and deserving of protection than the genetic make- netic Non-Discrimination Act. This bill is the safeguarding the right to privacy cannot be up of each and every individual in our Nation. product of 10 years of hard work by my col- overstated. Advances in science and technology during league Ms. SLAUGHTER and I applaud her for This bill will guarantee more comprehensive the past decade have allowed us to map the her efforts to pass this bill. protections from discrimination in health insur- human genome and opened the doors to The sequencing of the human genome was ance and employment on the basis of genetic treatment and diagnostic capabilities that we an amazing scientific advancement, and has information. Specifically, it will prohibit group are only now beginning to realize. With this contributed to the rise of genetic testing to in- health plans and health insurers from denying power comes great responsibility to protect in- form patients of their proclivity for disease. coverage to a healthy individual or charging dividuals who learn that they may be more

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susceptible to diseases such as breast cancer I commend my colleagues LOUISE SLAUGH- TER, from NewYork, for introducing this impor- or mental illness. TER, JUDY BIGGERT and ANNA ESHOO for their tant legislation. I would also like to thank my Just as our Nation does not allow discrimi- tireless work on this bill over the last 13 years. colleagues on the Energy and Commerce, nation based on race or disability, we must not I urge all of my colleagues to vote in favor of Ways and Means, Education and Labor com- allow discrimination based on our own genetic H.R. 493. mittees for their leadership in this highly con- identity. The Genetic Information Non- Ms. SPEIER. Mr. Speaker, Congress today tentious and complex health issue. discrimination Act will prevent health insurers is making an important first step toward pro- The Genetic Information Nondiscrimination and employers from improperly using our ge- tecting Americans from discrimination based Act (GINA) would restrict health insurers’ Title netic information to make coverage or employ- on their genetic information. I support this bill I, and employer’s Title II, acquisition and use ment decisions. I urge my colleagues to sup- and the premise that a predisposition to dis- of genetic information in several ways. It is port this protection of our most basic human ease should never be a factor in access to also supported by consumer groups, the med- right by voting for H.R. 493. employment or insurance coverage. ical profession, researchers, the medical prod- Mr. VAN HOLLEN. Mr. Speaker, I rise in However, this is only a first step. I am com- ucts industry and pharmaceutical companies. strong support of the Senate amendment to pelled to remind this House, and all Ameri- Since the first bills were introduced in the H.R. 493, the Genetic Information Non- cans, that this bill does not guarantee genetic 103d Congress, many of the arguments and discrimination Act. information will not be abused by employers or positions supporting and opposing genetic This bipartisan legislation is long overdue. insurers. The passage of this legislation nondiscrimination legislation have remained Recent scientific breakthroughs in sequencing should not give consumers a false sense of largely unchanged. The simple fact is without the human genetic code have already trans- security. protection, people are apprehensive about formed the battle against a broad range of Until access to health care is available re- seeking potentially beneficial genetic services medical conditions. Scientists have now identi- gardless of current or future health conditions, or participating in much needed clinical re- fied genetic markers for a variety of chronic the potential for genetic discrimination will re- search. health conditions which will increase the po- main. And until we completely limit access to Alex Haley, the gifted author of Roots, stat- tential for early treatment and prevention. employee health records, there will be the po- ed on the front page of his book that ‘‘In all However, as much as these advances will im- tential for discrimination by employers. of us there is a hunger, marrow deep, to know prove health care delivery in this country, it Mr. Speaker, passage of the Genetic Infor- our heritage—to know who we are and where has increased the potential for employers and mation Non-Discrimination Act today is a we have come from. Without this enriching insurers to discriminate based on an individ- strong step toward protecting sensitive genetic knowledge there is a hollow yearning. No mat- ual’s genetic makeup. Such a threat deters the information, but no journey is completed in just ter what our attainment in life, there is still a public and science from taking full advantage one step. I look forward to addressing the un- vacuum, an emptiness and the most dis- of the life-saving and cost-saving potential of derlying problems not fixed by this bill so we quieting loneliness.’’ genetic research. can truly protect Americans’ privacy and guard When author Alex Haley revealed his Roots That why we need to pass this much-need- against discrimination based on preexisting in the late 1970s, everyone in the Nation, it ed bill. Discriminating against someone be- seemed, wondered about their own great- cause of their DNA is simply unacceptable. health conditions. Ms. BALDWIN. Mr. Speaker, I rise today in great-great-grandparents. As a result, the Mr. Speaker, I urge colleagues to support this strong support of the Genetic Information Non- genealogical quest fever spread, particularly bipartisan legislation so that Americans do not have to live in fear of losing their job or health discrimination Act. among African Americans. The scientific advancement that has been It took Haley more than a decade to trace insurance because of their genetic predisposi- made in sequencing the human genome is back several generations, but as most Black tion towards certain medical conditions. Mrs. CAPPS. Mr. Speaker, I rise in strong groundbreaking. We have only just begun to people realize, not many of similar heritage support of the Senate amendment to H.R. understand how we can harness the vast will be able to unearth their lineage even that 493, the Genetic Information Nondiscrimina- amount of information that is included in our soon. That’s because few, if any, reliable tion Act. genetic code to benefit human health and lon- records of the centuries-long Atlantic slave The identification of genetic markers for dis- gevity. The ability to predict disease will great- trade remain to help in the search. That’s what ease is one of the most remarkable scientific ly increase our opportunities for early treat- became all too apparent to rheumatologist Dr. accomplishments we have made. And this ment and prevention efforts and this can have Paul Plotz in 1992, when ‘‘a chance occur- ability to identify risks for certain conditions a real impact on people’s lives. rence’’ pointed his research on a rare muscle holds so much promise for our ability to iden- So I am proud to support the Genetic Infor- disorder to West Africa and ‘‘the greatest un- tify and practice greater preventive health care mation Nondiscrimination Act. This bill will pro- documented migration of modern times.’’ in this country. I can never emphasize enough vide strong protections to prevent employers As Haley pointed out, people have an inher- just how important preventive health care is to and insurers from denying health coverage or ent interest in knowing their heritage. Our in- our well-being. job opportunities on the basis of predictive ge- vestment in modern science, specifically the However, as with almost all great scientific netic information. Providing this protection will Human Genome Project, is poised not only to advancements, we have also opened the door ensure that Americans are not unfairly penal- reveal medical truths about ourselves and our to a whole slew of unintended consequences. ized, either by health insurers or by employ- potential for health, but also to help us make And I fear that preventive health care is put at ers, for something that is a part of their ge- that connection to our past. risk when patients decline genetic testing for netic makeup. In addition, these protections While some of my colleagues are focused fear of insurance or employment discrimina- will encourage individuals to participate in ge- that GINA will provide further incentives and tion. netic research, which will lead to new tech- additional opportunities for litigation against This bill before us will put aside those fears nologies and new therapies. employers, they seem to forget the very real by offering protection from employment dis- This important nondiscrimination protection concern of individual protections. In an age crimination and closes the loopholes that deter is necessitated by the advancements in where electronic databases are easily tam- individuals from pursuing information that can science, like the mapping of the human ge- pered with and private information is passed save their lives and the lives of others. After nome. And Congress is responsible for mak- around like a bad cold, we must focus on the all, the biomedical research community is in ing sure that our laws keep up with these sci- rights of individuals and their families when dire need of greater clinical trial participation. entific advancements, so that we can fully re- dealing with such a complex and contentious But many patients are wary because they alize the value of these discoveries. issue. worry that participation in a clinical trial will re- Mr. Speaker, I am proud to support the Ge- At a time when we want people to seek out veal a genetic predisposition that employers or netic Nondiscrimination Act, and I urge my col- preventative care and gain greater health lit- insurers can use as a basis for discrimination. leagues to join me in voting in favor of it. eracy, we want to ensure them that they are H.R. 493 will provide individuals the security Ms. JACKSON-LEE of Texas. Mr. Speaker, safe and big brother is not selling their de- of knowing that they can take advantage of I rise today in support of H.R. 493, ‘‘The Ge- tailed information to the highest bidder. genetic testing and participate in research netic Information Nondiscrimination Act Researchers at Penn State University have without the fear that their employment or in- (GINA)’’. I would like to thank my colleague stated that from a medical viewpoint, African surance status be put at risk. Congresswoman LOUISE MCINTOSH SLAUGH- genetic diversity is important in understanding

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00032 Fmt 0687 Sfmt 9920 E:\BR08\H01MY8.001 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 7519 genetic diseases of African Americans and for potentially life-saving testing or participate in Davis, Lincoln Kagen Pallone Davis, Tom Kanjorski Pascrell finding treatment methods for contagious dis- genetic research. DeFazio Kaptur Pastor eases that originated in Africa. These re- Federal employees are already protected DeGette Keller Pearce searchers have said that if they could identify from genetic discrimination by an executive Delahunt Kennedy Pence the genetic changes that provided this protec- order signed by President Clinton. It is time to DeLauro Kildee Perlmutter Dent Kilpatrick Peterson (MN) tion, then they might be able to find treatment extend this protection to the rest of our coun- Diaz-Balart, L. Kind Peterson (PA) methods for the diseases. try. Diaz-Balart, M. King (IA) Petri These revolutionary discoveries are due to a H.R. 493 will give Americans the security Dicks King (NY) Pickering Dingell Kingston Pitts diverse group of people feeling secure enough they need to take care of their health needs Donnelly Kirk Platts with their doctors, nurses, and health insur- without worrying that they will face discrimina- Doolittle Klein (FL) Poe ance companies that they participate in ge- tion. This bill has been pending for over 13 Doyle Kline (MN) Pomeroy netic testing and research studies. years now. Under Republican control there Drake Knollenberg Porter Dreier Kucinich Price (GA) We exclaim that we want better health care, were no hearings on this important topic. With- Duncan Kuhl (NY) Price (NC) greater incidence of prevention, better under- in one year of Democrats taking control of the Edwards Lamborn Pryce (OH) standing of current diseases, and most impor- House this bill was passed, and is now on its Ehlers Lampson Putnam tantly more cures to the illnesses of Ameri- Ellison Langevin Radanovich way to the President’s desk. Ellsworth Larsen (WA) Rahall cans. This is what genetic testing and re- This bill is the right thing to do to protect ac- Emanuel Larson (CT) Ramstad search can do. If we allow employers and cess to health care and against genetic dis- Emerson Latham Rangel health insurance companies manipulate the crimination in the workplace. I urge my col- Engel LaTourette Regula English (PA) Latta Rehberg data to further restrict Americans’ access to leagues to join me in supporting this bill. Eshoo Lee Reichert quality care, then we should not support this Mr. GEORGE MILLER of California. Etheridge Levin Renzi bill. I yield back the balance of my time. Everett Lewis (CA) Reyes However, if we are for access to quality Fallin Lewis (GA) Reynolds The SPEAKER pro tempore (Mr. PAS- Farr Lewis (KY) Richardson health care, if we are for greater under- TOR). All time for debate has expired. Fattah Linder Rodriguez standing of infectious diseases and mutations, Pursuant to House Resolution 1156, Feeney Lipinski Rogers (AL) if we are for privacy protections in medical the previous question is ordered. Ferguson LoBiondo Rogers (KY) Filner Loebsack Rogers (MI) records and payment systems . . . then we The question is on the motion offered Flake Lofgren, Zoe Rohrabacher must give our full support to this bill. by the gentleman from California (Mr. Fortenberry Lowey Ros-Lehtinen Thank you, Mr. Speaker, for your leadership GEORGE MILLER). Foster Lucas Roskam in the area of health care access. This is yet Foxx Lungren, Daniel Ross The question was taken; and the Frank (MA) E. Rothman one more area that allows us to support an in- Speaker pro tempore announced that Franks (AZ) Lynch Roybal-Allard dividual’s right to care without fear of retribu- the ayes appeared to have it. Frelinghuysen Mack Royce tion by increased health insurance payments Mr. GEORGE MILLER of California. Gallegly Mahoney (FL) Ruppersberger Garrett (NJ) Maloney (NY) Ryan (OH) or even worse, denial of care altogether. Vote Mr. Speaker, on that I demand the yeas Gerlach Manzullo Ryan (WI) in support of Access, Understanding, and Pri- and nays. Giffords Marchant Salazar vacy. The yeas and nays were ordered. Gilchrest Markey Sali Ms. MCCOLLUM of Minnesota. Mr. Speak- Gillibrand Marshall Sa´ nchez, Linda The SPEAKER pro tempore. Pursu- Gingrey Matheson T. er, I rise today in strong support of the Ge- ant to clause 8 of rule XX, this 15- Gonzalez Matsui Sanchez, Loretta netic Information Nondiscrimination Act, H.R. minute vote on the motion to concur Goode McCarthy (CA) Sarbanes 493. will be followed by 5-minute votes on Goodlatte McCarthy (NY) Saxton I am a cosponsor of this important legisla- Gordon McCaul (TX) Schakowsky ordering the previous question on Granger McCollum (MN) Schiff tion, which bans genetic discrimination in the House Resolution 1167; adopting House Graves McCotter Schmidt workplace and in health insurance on the Resolution 1165, if ordered; and sus- Green, Al McCrery Schwartz basis of predictive genetic information. It pro- Green, Gene McDermott Scott (GA) pending the rules and adopting House Grijalva McGovern Scott (VA) hibits insurance companies from denying cov- Concurrent Resolution 308. Gutierrez McHenry Sensenbrenner erage or increasing premiums because of ge- The vote was taken by electronic de- Hall (NY) McHugh Serrano netic factors. Also, under this bill, employers vice, and there were—yeas 414, nays 1, Hall (TX) McIntyre Sessions cannot consider genetic factors in the process Hare McKeon Sestak not voting 16, as follows: Harman McMorris Shadegg of hiring, firing, or promoting workers. [Roll No. 234] Hastings (FL) Rodgers Shays H.R. 493 is similar to Minnesota law, which Hastings (WA) McNerney Shea-Porter YEAS—414 I voted for when I was a member of the Min- Hayes McNulty Sherman nesota House of Representatives. Minnesota Abercrombie Bonner Carney Heller Meek (FL) Shimkus Ackerman Bono Mack Carson Hensarling Meeks (NY) Shuler law sets basic privacy protections for the col- Aderholt Boozman Carter Herger Melancon Shuster lection of genetic information by Government Akin Boren Castle Herseth Sandlin Mica Simpson agencies and private entities. Unfortunately, Alexander Boswell Castor Higgins Michaud Sires Allen Boucher Chabot Hill Miller (FL) Skelton not all States offer protection against genetic Altmire Boustany Chandler Hinchey Miller (MI) Slaughter discrimination. This leaves most Americans Andrews Boyd (FL) Clarke Hinojosa Miller (NC) Smith (NE) unsure of how their private information will be Arcuri Boyda (KS) Clay Hirono Miller, Gary Smith (NJ) protected. National legislation needs to be im- Baca Brady (PA) Cleaver Hobson Miller, George Smith (TX) Bachmann Brady (TX) Clyburn Hodes Mitchell Smith (WA) plemented now, before genetic discrimination Bachus Braley (IA) Coble Hoekstra Mollohan Snyder becomes more widespread as genetic testing Baird Broun (GA) Cohen Holden Moore (KS) Solis comes into greater use. Baldwin Brown (SC) Cole (OK) Holt Moore (WI) Souder Barrett (SC) Brown, Corrine Conaway Hooley Moran (KS) Space Discrimination based on a person’s genetic Bartlett (MD) Brown-Waite, Conyers Hoyer Moran (VA) Speier information, just like that based on race or dis- Barton (TX) Ginny Cooper Hulshof Murphy (CT) Spratt ability, should not be tolerated. Genetic dis- Bean Buchanan Costa Hunter Murphy, Patrick Stark crimination has the potential to affect every Becerra Burton (IN) Costello Inglis (SC) Murphy, Tim Stearns Berkley Butterfield Courtney Inslee Murtha Stupak person in the United States. Despite advances Berman Buyer Cramer Issa Musgrave Sullivan in modern medical technology, it is impossible Berry Calvert Crenshaw Jackson (IL) Myrick Sutton to predict with certainty whether a given indi- Biggert Camp (MI) Crowley Jackson-Lee Nadler Tancredo Bilbray Campbell (CA) Cuellar (TX) Napolitano Tanner vidual will actually develop a disease. Patients Bilirakis Cannon Culberson Jefferson Neal (MA) Tauscher recognize that few laws exist to prevent health Bishop (GA) Cantor Cummings Johnson (GA) Neugebauer Taylor insurers or employers from using their pre- Bishop (NY) Capito Davis (AL) Johnson (IL) Nunes Terry dictive genetic information to deny them cov- Bishop (UT) Capps Davis (CA) Johnson, E. B. Oberstar Thompson (CA) Blumenauer Capuano Davis (IL) Johnson, Sam Obey Thompson (MS) erage or jobs. As a result, fear of such dis- Blunt Cardoza Davis (KY) Jones (NC) Olver Thornberry crimination could cause individuals to refuse Boehner Carnahan Davis, David Jordan Ortiz Tiahrt

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00033 Fmt 0687 Sfmt 0634 E:\BR08\H01MY8.001 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7520 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 May 1, 2008 Tiberi Walsh (NY) Westmoreland Holt Melancon Serrano Putnam Schmidt Tiberi Tierney Walz (MN) Wexler Hooley Michaud Sestak Radanovich Sensenbrenner Turner Towns Wamp Whitfield (KY) Hoyer Miller (NC) Shea-Porter Ramstad Sessions Upton Tsongas Wasserman Wilson (OH) Inslee Miller, George Sherman Regula Shadegg Walberg Turner Schultz Wilson (SC) Jackson (IL) Mitchell Shuler Rehberg Shays Walden (OR) Udall (CO) Waters Wittman (VA) Jackson-Lee Mollohan Sires Reichert Shimkus Walsh (NY) Udall (NM) Watson Wolf (TX) Moore (KS) Skelton Renzi Shuster Wamp Upton Watt Woolsey Jefferson Moore (WI) Slaughter Reynolds Simpson Weldon (FL) Van Hollen Waxman Wu Rogers (AL) Smith (NE) Johnson (GA) Moran (VA) Smith (WA) Weller Vela´ zquez Weiner Wynn Rogers (KY) Smith (NJ) Johnson, E. B. Murphy (CT) Snyder Westmoreland Visclosky Welch (VT) Yarmuth Jones (OH) Murphy, Patrick Rogers (MI) Smith (TX) Solis Whitfield (KY) Walberg Weldon (FL) Young (AK) Kagen Murtha Rohrabacher Souder Space Wilson (SC) Walden (OR) Weller Young (FL) Kanjorski Nadler Ros-Lehtinen Stearns Speier Wittman (VA) Kaptur Napolitano Roskam Sullivan NAYS—1 Spratt Wolf Kennedy Neal (MA) Royce Tancredo Paul Kildee Oberstar Stark Ryan (WI) Terry Young (AK) Kilpatrick Obey Stupak Sali Thornberry Young (FL) NOT VOTING—16 Kind Olver Sutton Saxton Tiahrt Tanner Barrow Forbes LaHood Klein (FL) Ortiz NOT VOTING—15 Blackburn Fossella Payne Kucinich Pallone Tauscher Burgess Gohmert Rush Langevin Pascrell Taylor Barton (TX) Forbes LaHood Cubin Honda Wilson (NM) Larsen (WA) Pastor Thompson (CA) Blackburn Fossella Payne Deal (GA) Israel Larson (CT) Perlmutter Thompson (MS) Cubin Gohmert Rush Doggett Jones (OH) Lee Peterson (MN) Tierney Deal (GA) Honda Wilson (NM) Levin Pomeroy Towns Doggett Israel Wynn b 1240 Lewis (GA) Price (NC) Tsongas ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Ms. FOXX and Mr. BURTON of Indi- Lipinski Rahall Udall (CO) Loebsack Rangel Udall (NM) The SPEAKER pro tempore (during ana changed their vote from ‘‘nay’’ to Lofgren, Zoe Reyes Van Hollen the vote). There are 2 minutes remain- ‘‘yea.’’ Lowey Richardson Vela´ zquez ing in this vote. So the motion was agreed to. Lynch Rodriguez Visclosky Mahoney (FL) Ross The result of the vote was announced Walz (MN) b 1248 Maloney (NY) Rothman Wasserman as above recorded. Markey Roybal-Allard Schultz Mr. MARCHANT changed his vote Marshall Ruppersberger A motion to reconsider was laid on Waters from ‘‘yea’’ to ‘‘nay.’’ Matheson Ryan (OH) Watson the table. Matsui Salazar So the previous question was ordered. McCarthy (NY) Sa´ nchez, Linda Watt The result of the vote was announced f Waxman McCollum (MN) T. as above recorded. PROVIDING FOR CONSIDERATION McDermott Sanchez, Loretta Weiner McGovern Sarbanes Welch (VT) The SPEAKER pro tempore. The OF MOTIONS TO SUSPEND THE McIntyre Schakowsky Wexler question is on the resolution. RULES McNerney Schiff Wilson (OH) The question was taken; and the McNulty Schwartz Woolsey Speaker pro tempore announced that The SPEAKER pro tempore. The un- Meek (FL) Scott (GA) Wu finished business is the vote on order- Meeks (NY) Scott (VA) Yarmuth the ayes appeared to have it. ing the previous question on House Mr. HASTINGS of Washington. Mr. Resolution 1167, on which the yeas and NAYS—190 Speaker, on that I demand the yeas nays were ordered. Aderholt Drake Kuhl (NY) and nays. The Clerk read the title of the resolu- Akin Dreier Lamborn The yeas and nays were ordered. Alexander Duncan Lampson tion. Bachmann Ehlers Latham The SPEAKER pro tempore. This The SPEAKER pro tempore. The Bachus Emerson LaTourette will be a 5-minute vote. question is on ordering the previous Barrett (SC) English (PA) Latta The vote was taken by electronic de- Bartlett (MD) Everett Lewis (CA) vice, and there were—yeas 228, nays question. Biggert Fallin Lewis (KY) This will be a 5-minute vote. Bilbray Feeney Linder 189, not voting 14, as follows: The vote was taken by electronic de- Bilirakis Ferguson LoBiondo [Roll No. 236] vice, and there were—yeas 226, nays Bishop (UT) Flake Lucas Blunt Fortenberry Lungren, Daniel YEAS—228 190, not voting 15, as follows: Boehner Foxx E. Abercrombie Clarke Filner [Roll No. 235] Bonner Franks (AZ) Mack Ackerman Clay Foster Bono Mack Frelinghuysen Manzullo Allen Cleaver Frank (MA) YEAS—226 Boozman Gallegly Marchant Altmire Clyburn Giffords Abercrombie Carney Ellison Boustany Garrett (NJ) McCarthy (CA) Andrews Cohen Gillibrand Ackerman Carson Ellsworth Brady (TX) Gerlach McCaul (TX) Arcuri Conyers Gonzalez Allen Castor Emanuel Broun (GA) Gilchrest McCotter Baca Cooper Gordon Altmire Chandler Engel Brown (SC) Gingrey McCrery Baird Costa Green, Al Andrews Clarke Eshoo Brown-Waite, Goode McHenry Baldwin Costello Green, Gene Arcuri Clay Etheridge Ginny Goodlatte McHugh Barrow Courtney Grijalva Baca Cleaver Farr Buchanan Granger McKeon Bean Cramer Gutierrez Baird Clyburn Fattah Burgess Graves McMorris Becerra Crowley Hall (NY) Baldwin Cohen Filner Burton (IN) Hall (TX) Rodgers Berkley Cuellar Hare Barrow Conyers Foster Buyer Hastings (WA) Mica Berman Cummings Harman Bean Cooper Frank (MA) Calvert Hayes Miller (FL) Berry Davis (AL) Hastings (FL) Becerra Costa Giffords Camp (MI) Heller Miller (MI) Bishop (GA) Davis (CA) Herseth Sandlin Berkley Costello Gillibrand Campbell (CA) Hensarling Miller, Gary Bishop (NY) Davis (IL) Higgins Berman Courtney Gonzalez Cannon Herger Moran (KS) Blumenauer Davis, Lincoln Hill Berry Cramer Gordon Cantor Hobson Murphy, Tim Boren DeFazio Hinchey Bishop (GA) Crowley Green, Al Capito Hoekstra Musgrave Boswell DeGette Hinojosa Bishop (NY) Cuellar Green, Gene Carter Hulshof Myrick Boucher Delahunt Hirono Blumenauer Cummings Grijalva Castle Hunter Neugebauer Boyd (FL) DeLauro Hodes Boren Davis (AL) Gutierrez Chabot Inglis (SC) Nunes Boyda (KS) Dicks Hoekstra Boswell Davis (CA) Hall (NY) Coble Issa Paul Brady (PA) Dingell Holden Boucher Davis (IL) Hare Cole (OK) Johnson (IL) Pearce Braley (IA) Donnelly Holt Boyd (FL) Davis, Lincoln Harman Conaway Johnson, Sam Pence Brown, Corrine Doyle Hooley Boyda (KS) DeFazio Hastings (FL) Crenshaw Jones (NC) Peterson (PA) Butterfield Edwards Hoyer Brady (PA) DeGette Herseth Sandlin Culberson Jordan Petri Capps Ellison Inslee Braley (IA) Delahunt Higgins Davis (KY) Keller Pickering Capuano Ellsworth Jackson (IL) Brown, Corrine DeLauro Hill Davis, David King (IA) Pitts Cardoza Emanuel Jackson-Lee Butterfield Dicks Hinchey Davis, Tom King (NY) Platts Carnahan Engel (TX) Capps Dingell Hinojosa Dent Kingston Poe Carney Eshoo Jefferson Capuano Donnelly Hirono Diaz-Balart, L. Kirk Porter Carson Etheridge Johnson (GA) Cardoza Doyle Hodes Diaz-Balart, M. Kline (MN) Price (GA) Castor Farr Johnson, E. B. Carnahan Edwards Holden Doolittle Knollenberg Pryce (OH) Chandler Fattah Jones (OH)

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00034 Fmt 0687 Sfmt 0634 E:\BR08\H01MY8.001 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 7521 Kagen Moore (WI) Shea-Porter Roskam Smith (NE) Walberg Clay Hobson Miller, George Kanjorski Moran (VA) Sherman Royce Smith (NJ) Walden (OR) Cleaver Hodes Mitchell Kaptur Murphy (CT) Shuler Ryan (WI) Smith (TX) Walsh (NY) Clyburn Hoekstra Mollohan Kennedy Murphy, Patrick Sires Sali Souder Wamp Coble Holden Moore (KS) Kildee Murphy, Tim Skelton Saxton Stearns Weldon (FL) Cohen Holt Moore (WI) Kilpatrick Murtha Slaughter Schmidt Sullivan Weller Cole (OK) Hooley Moran (KS) Kind Nadler Smith (WA) Sensenbrenner Tancredo Westmoreland Conaway Hoyer Moran (VA) Klein (FL) Napolitano Snyder Sessions Terry Whitfield (KY) Conyers Hunter Murphy (CT) Kucinich Neal (MA) Solis Shadegg Thornberry Wilson (SC) Cooper Inglis (SC) Murphy, Patrick Lampson Oberstar Space Shays Tiahrt Wittman (VA) Costa Inslee Murphy, Tim Langevin Obey Speier Shimkus Tiberi Wolf Costello Issa Murtha Larsen (WA) Olver Spratt Shuster Turner Young (AK) Courtney Jackson (IL) Musgrave Larson (CT) Ortiz Stark Simpson Upton Young (FL) Cramer Jackson-Lee Myrick Crenshaw (TX) Nadler Lee Pallone Stupak NOT VOTING—14 Levin Pascrell Sutton Crowley Jefferson Napolitano Lewis (GA) Pastor Tanner Bilbray Forbes Payne Cuellar Johnson (GA) Neal (MA) Lipinski Perlmutter Tauscher Blackburn Fossella Rush Culberson Johnson (IL) Neugebauer Loebsack Peterson (MN) Taylor Cubin Honda Wilson (NM) Cummings Johnson, E.B. Nunes Lofgren, Zoe Pomeroy Thompson (CA) Deal (GA) Israel Wynn Davis (AL) Johnson, Sam Oberstar Lowey Price (NC) Thompson (MS) Doggett LaHood Davis (CA) Jones (NC) Obey Lynch Rahall Tierney Davis (IL) Jones (OH) Olver ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Mahoney (FL) Rangel Towns Davis (KY) Jordan Ortiz Maloney (NY) Reyes Tsongas The SPEAKER pro tempore (during Davis, David Kagen Pascrell Markey Richardson Udall (CO) Davis, Lincoln Kanjorski Pastor the vote). There are 2 minutes remain- Davis, Tom Kaptur Paul Marshall Rodriguez Udall (NM) ing in this vote. Matheson Ross Van Hollen DeFazio Keller Pearce Matsui Rothman Vela´ zquez DeGette Kennedy Pence McCarthy (NY) Roybal-Allard Visclosky b 1257 Delahunt Kildee Perlmutter McCollum (MN) Ruppersberger Walz (MN) Mr. GOHMERT changed his vote DeLauro Kilpatrick Peterson (MN) McDermott Ryan (OH) Wasserman Dent Kind Peterson (PA) McGovern Salazar Schultz from ‘‘yea’’ to ‘‘nay.’’ Diaz-Balart, L. King (IA) Petri McIntyre Sa´ nchez, Linda Waters So the resolution was agreed to. Diaz-Balart, M. King (NY) Pickering McNerney T. Watson The result of the vote was announced Dicks Kingston Pitts Dingell Kirk Platts McNulty Sanchez, Loretta Watt as above recorded. Meek (FL) Sarbanes Waxman Donnelly Klein (FL) Poe Meeks (NY) Schakowsky Weiner A motion to reconsider was placed on Doolittle Kline (MN) Pomeroy Melancon Schiff Welch (VT) the table. Doyle Knollenberg Porter Michaud Schwartz Wexler Drake Kucinich Price (GA) Miller (NC) Scott (GA) Wilson (OH) f Dreier Kuhl (NY) Price (NC) Miller, George Scott (VA) Woolsey Duncan Lamborn Pryce (OH) Mollohan Serrano Wu AUTHORIZING THE USE OF THE Edwards Lampson Putnam Moore (KS) Sestak Yarmuth Ehlers Langevin Radanovich CAPITOL GROUNDS FOR THE NA- Ellsworth Larsen (WA) Rahall TIONAL PEACE OFFICERS’ ME- NAYS—189 Emanuel Larson (CT) Ramstad MORIAL SERVICE Emerson Latham Rangel Aderholt Emerson LoBiondo Engel LaTourette Regula Akin English (PA) Lucas The SPEAKER pro tempore. The un- English (PA) Latta Rehberg Alexander Everett Lungren, Daniel finished business is the vote on the mo- Eshoo Lee Reichert Bachmann Fallin E. tion to suspend the rules and agree to Etheridge Levin Renzi Bachus Feeney Mack Everett Lewis (CA) Reyes Barrett (SC) Ferguson Manzullo the concurrent resolution, H. Con. Res. Fallin Lewis (GA) Reynolds Bartlett (MD) Flake Marchant 308, on which the yeas and nays were Farr Lewis (KY) Richardson Barton (TX) Fortenberry McCarthy (CA) ordered. Fattah Linder Rodriguez Biggert Foxx McCaul (TX) Feeney Lipinski Rogers (AL) Bilirakis Franks (AZ) McCotter The Clerk read the title of the con- Ferguson LoBiondo Rogers (KY) Bishop (UT) Frelinghuysen McCrery current resolution. Filner Loebsack Rogers (MI) Blunt Gallegly McHenry The SPEAKER pro tempore. The Flake Lofgren, Zoe Rohrabacher Boehner Garrett (NJ) McHugh question is on the motion offered by Fortenberry Lowey Ros-Lehtinen Bonner Gerlach McKeon Foster Lucas Roskam Bono Mack Gilchrest McMorris the gentleman from Pennsylvania (Mr. Foxx Lungren, Daniel Ross Boozman Gingrey Rodgers CARNEY) that the House suspend the Frank (MA) E. Rothman Boustany Gohmert Mica rules and agree to the concurrent reso- Franks (AZ) Lynch Roybal-Allard Brady (TX) Goode Miller (FL) Frelinghuysen Mack Royce Broun (GA) Goodlatte Miller (MI) lution, H. Con. Res. 308. Gallegly Mahoney (FL) Ruppersberger Brown (SC) Granger Miller, Gary This will be a 5-minute vote. Garrett (NJ) Maloney (NY) Ryan (OH) Brown-Waite, Graves Mitchell The vote was taken by electronic de- Gerlach Manzullo Ryan (WI) Ginny Hall (TX) Moran (KS) vice, and there were—yeas 412, nays 0, Giffords Marchant Salazar Buchanan Hastings (WA) Musgrave Gilchrest Markey Sali Burgess Hayes Myrick not voting 19, as follows: Gillibrand Marshall Sa´ nchez, Linda Burton (IN) Heller Neugebauer [Roll No. 237] Gingrey Matheson T. Buyer Hensarling Nunes Gohmert Matsui Sanchez, Loretta Calvert Herger Paul YEAS—412 Gonzalez McCarthy (CA) Sarbanes Camp (MI) Hobson Pearce Abercrombie Bilbray Brown-Waite, Goode McCarthy (NY) Saxton Campbell (CA) Hulshof Pence Ackerman Bilirakis Ginny Goodlatte McCaul (TX) Schakowsky Cannon Hunter Peterson (PA) Aderholt Bishop (GA) Buchanan Gordon McCollum (MN) Schiff Cantor Inglis (SC) Petri Akin Bishop (NY) Burton (IN) Granger McCotter Schmidt Capito Issa Pickering Alexander Bishop (UT) Butterfield Graves McCrery Schwartz Carter Johnson (IL) Pitts Allen Blumenauer Buyer Green, Al McDermott Scott (GA) Castle Johnson, Sam Platts Altmire Blunt Calvert Green, Gene McGovern Scott (VA) Chabot Jones (NC) Poe Andrews Boehner Camp (MI) Grijalva McHenry Sensenbrenner Coble Jordan Porter Arcuri Bonner Campbell (CA) Gutierrez McHugh Serrano Cole (OK) Keller Price (GA) Baca Cannon Hall (NY) McIntyre Sessions Bono Mack Conaway King (IA) Pryce (OH) Bachmann Cantor Hall (TX) McKeon Sestak Boozman Crenshaw King (NY) Putnam Bachus Capito Hare McMorris Shadegg Boren Culberson Kingston Radanovich Baird Capps Harman Rodgers Shays Boswell Davis (KY) Kirk Ramstad Baldwin Capuano Hastings (FL) McNerney Shea-Porter Davis, David Kline (MN) Regula Barrett (SC) Boucher Cardoza Hastings (WA) McNulty Sherman Davis, Tom Knollenberg Rehberg Barrow Boustany Carnahan Hayes Meek (FL) Shimkus Dent Kuhl (NY) Reichert Bartlett (MD) Boyd (FL) Carney Heller Meeks (NY) Shuler Diaz-Balart, L. Lamborn Renzi Barton (TX) Boyda (KS) Carson Hensarling Melancon Shuster Diaz-Balart, M. Latham Reynolds Bean Brady (PA) Carter Herseth Sandlin Mica Simpson Doolittle LaTourette Rogers (AL) Becerra Brady (TX) Castle Higgins Michaud Sires Drake Latta Rogers (KY) Berkley Braley (IA) Castor Hill Miller (FL) Skelton Dreier Lewis (CA) Rogers (MI) Berman Broun (GA) Chabot Hinchey Miller (MI) Smith (NE) Duncan Lewis (KY) Rohrabacher Berry Brown (SC) Chandler Hinojosa Miller (NC) Smith (NJ) Ehlers Linder Ros-Lehtinen Biggert Brown, Corrine Clarke Hirono Miller, Gary Smith (TX)

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00035 Fmt 0687 Sfmt 0634 E:\BR08\H01MY8.001 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7522 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 May 1, 2008 Smith (WA) Tiahrt Watson (A) in paragraph (2), strike ‘‘June 30, 2008’’ regulations to conform to GINA. The Snyder Tiberi Watt and insert ‘‘October 31, 2008’’; deadline for NAIC to make these modi- Solis Tierney Waxman (B) in paragraph (3), strike ‘‘October 1, Souder Towns fications is June 30, 2008. If NAIC does Weiner 2008’’ and insert ‘‘July 1, 2009’’; and Space Tsongas not make these modifications by this Welch (VT) (C) in paragraph (4)— Speier Turner Weldon (FL) (i) in subparagraph (A)(ii), strike ‘‘October timeframe, HHS would be required to Spratt Udall (CO) Weller make the modifications by October 1, Stark Udall (NM) Westmoreland 1, 2008’’ and insert ‘‘July 1, 2009’’; and Stearns Upton 2008. Wexler (ii) in subparagraph (B)(ii)— Stupak Van Hollen Whitfield (KY) (I) strike ‘‘in 2008’’ and insert ‘‘in 2009’’; When this bill moved through the Sullivan Vela´ zquez and House last April, these deadlines were Sutton Visclosky Wilson (OH) Tancredo Walberg Wilson (SC) (II) strike ‘‘July 1, 2008’’ and insert ‘‘July 1, not a problem. However, with today Tanner Walden (OR) Wittman (VA) 2009’’. being May 1, NAIC will not be able to Tauscher Walsh (NY) Wolf (2) In section 202(b)(6), strike ‘‘law enforce- meet the June deadline. Thus, the Woolsey Taylor Walz (MN) ment’’ and all that follows through ‘‘and re- other change to this bill pushes back Terry Wamp Wu quests’’ and insert ‘‘law enforcement pur- Thompson (CA) Wasserman Yarmuth poses as a forensic laboratory or for purposes the NAIC and HHS deadlines until Oc- Thompson (MS) Schultz Young (AK) of human remains identification, and re- tober 30, 2008, and July 1, 2009. Thornberry Waters Young (FL) quests’’. I reserve the balance of my time. NOT VOTING—19 (3) In section 205(b)(6), strike ‘‘law enforce- Mr. MCKEON. Mr. Speaker, I yield Blackburn Fossella Payne ment’’ and all that follows through ‘‘and re- myself such time as I may consume. Burgess Herger Rush quests’’ and insert ‘‘law enforcement pur- Mr. Speaker, I rise in support of Cubin Honda Slaughter poses as a forensic laboratory or for purposes House Concurrent Resolution 340. This Deal (GA) Hulshof Wilson (NM) of human remains identification, and re- resolution makes technical corrections Doggett Israel Wynn quests’’. Ellison LaHood to the Genetic Information Non- Forbes Pallone The SPEAKER pro tempore. Pursu- discrimination Act, commonly known ant to the rule, the gentleman from as GINA, the act that we just passed. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE California (Mr. GEORGE MILLER) and Specifically, this resolution will clarify The SPEAKER pro tempore (during the gentleman from California (Mr. the use of genetic information at foren- the vote). Two minutes remain in this MCKEON) each will control 20 minutes. sic laboratories used by law enforce- vote. The Chair recognizes the gentleman ment agencies. This technical correc- b 1304 from California (Mr. GEORGE MILLER). tion ensures the Department of Defense So the concurrent resolution was GENERAL LEAVE will be able to use genetic information agreed to. Mr. GEORGE MILLER of California. to identify the remains of American The vote was announced as above re- Mr. Speaker, I request 5 legislative servicemen and women. The recent DNA identification of corded. days during which Members may insert Staff Sergeant Matt Maupin, missing A motion to reconsider was laid on extraneous material on House Concur- since his capture in Iraq in 2004, offers the table. rent Resolution 340 into the RECORD. us a painful reminder of why genetic Stated for: The SPEAKER pro tempore. Is there information may be needed to identify Mr. HERGER. Mr. Speaker, on rollcall No. objection to the request of the gen- the heroic men and women who give 237, I was unavoidably detained. Had I been tleman from California? their lives in service to this Nation. present, I would have voted ‘‘yea.’’ There was no objection. Mr. GEORGE MILLER of California. This is a simple, yet necessary f I yield myself such time as I may con- change to a bill that enjoys the support REMOVAL OF NAME OF MEMBER sume. of a vast majority of this body. Adop- AS COSPONSOR OF H. RES. 992 This concurrent resolution makes tion of this resolution will allow this two technical corrections to the GINA legislation to move forward. Ms. FALLIN. Mr. Speaker, I ask legislation just passed. First, with re- The GINA bill marks a commitment unanimous consent to remove my spect to the Department of Defense by this Congress to ensure that the law name as a cosponsor of House Resolu- Labs, in our current bill, section protects American workers and health tion 992. 202(b)(6) and section 205(b)(6) of H.R. 493 care consumers from discrimination on The SPEAKER pro tempore. Is there provides an exclusion for an employer the basis of their genetic makeup. Be- objection to the request of the gentle- to conduct DNA analysis for law en- cause that goal is so critical, I support woman from Oklahoma? forcement purposes as a forensic lab- this resolution today, and urge my col- There was no objection. oratory, which submits analyses to the leagues to do likewise. f Combined DNA Index System, known I yield back the balance of my time. Mr. GEORGE MILLER of California. as CODIS, if the employer only uses CORRECTING ENROLLMENT OF Mr. Speaker, I yield back the balance that analysis of DNA identification H.R. 493 of my time. markers for quality control to detect The SPEAKER pro tempore. The Mr. GEORGE MILLER of California. sample contamination. Mr. Speaker, I move to suspend the question is on the motion offered by However, we recently learned that the gentleman from California (Mr. rules and agree to the concurrent reso- the Armed Forces DNA Identification lution (H. Con. Res. 340) to make tech- GEORGE MILLER) that the House sus- Laboratory, AFDIL, of the Armed pend the rules and agree to the concur- nical corrections in the enrollment of Forces Medical Examiner System, the bill H.R. 493. rent resolution, H. Con. Res. 340. which identifies soldiers’ remains, The question was taken; and (two- The Clerk read the title of the con- would not be included in this exclusion current resolution. thirds being in the affirmative) the because it does not submit DNA to the rules were suspended and the concur- The text of the concurrent resolution CODIS system. is as follows: rent resolution was agreed to. It was not our intent to prevent the A motion to reconsider was laid on H. CON. RES. 340 Armed Forces, AFDIL, from using DNA the table. Resolved by the House of Representatives (the analysis for human remains identifica- f Senate concurring), That in the enrollment of tion. This technical change would the bill H.R. 493 (to prohibit discrimination allow them to continue their mission. ENSURING CONTINUED ACCESS TO on the basis of genetic information with re- With respect to NAIC, the other STUDENT LOANS ACT OF 2008 spect to health insurance and employment) the Clerk of the House of Representatives change is a very minor one. Section 104 Mr. GEORGE MILLER of California. shall make the following technical correc- of the bill, dealing with Medigap, re- Mr. Speaker, I move to suspend the tions: quires the National Association of In- rules and concur in the Senate amend- (1) In section 104(d)— surance Commissioners to modify their ments to the bill (H.R. 5715) to ensure

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00036 Fmt 0687 Sfmt 0634 E:\BR08\H01MY8.001 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 7523 continued availability of access to the ‘‘(9) DISSEMINATION AND REPORTING.— in evaluating the price at which to purchase Federal student loan program for stu- ‘‘(A) IN GENERAL.—The Secretary shall— loans made under section 428, 428B, or 428H; dents and families. ‘‘(i) broadly disseminate information regard- and The Clerk read the title of the bill. ing the availability of loans made under this ‘‘(C) describes how the use of such method- ology and consideration of such factors used to The text of the Senate amendments subsection; ‘‘(ii) during the period beginning July 1, 2008 determine purchase price will ensure that loan is as follows: and ending June 30, 2010, provide to the Com- purchases do not result in any net cost to the Senate amendments: mittee on Health, Education, Labor, and Pen- Federal Government (including the cost of serv- (1) On page 2, line 5, strike ‘‘AND GRAD- sions of the Senate and the Committee on Edu- icing the loans purchased).’’. UATE’’ cation and Labor of the House of Representa- (14) On page 20, after line 9 insert the fol- (2) On page 7, line 11, strike ‘‘issued’’ and tives and make available to the public— lowing: insert: ‘‘first disbursed’’. ‘‘(I) copies of any new or revised plans or SEC. 10. ACADEMIC COMPETITIVENESS GRANTS. (3) On page 9, line 12, strike ‘‘issued’’ and agreements made by guaranty agencies or the (a) AMENDMENTS.—Section 401A of the Higher insert: ‘‘first disbursed’’. Department related to the authorities under this Education Act of 1965 (20 U.S.C. 1070a–1) is (4) On page 9, line 24 through page 10 line subsection; amended— 11 strike and insert: ‘‘(II) quarterly reports on— (1) by striking subsection (a) and inserting the ‘‘(B)(i) EXTENUATING CIRCUMSTANCES.—An eli- ‘‘(aa) the number and amounts of loans origi- following: gible lender may determine that extenuating cir- nated or approved pursuant to this subsection ‘‘(a) ACADEMIC COMPETITIVENESS GRANT PRO- cumstances exist under the regulations promul- by each guaranty agency and eligible lender; GRAM AUTHORIZED.—The Secretary shall award gated pursuant to paragraph (1)(A) if, during and grants, in the amounts specified in subsection the period beginning January 1, 2007, and end- ‘‘(bb) any related payments by the Depart- (d)(1), to eligible students to assist the eligible ing December 31, 2009, an applicant for a loan ment, a guaranty agency, or an eligible lender; students in paying their college education ex- under this section— and penses.’’; ‘‘(I) is or has been delinquent for 180 days or ‘‘(III) a budget estimate of the costs to the (2) in subsection (b)— fewer on mortgage loan payments or on medical Federal Government (including subsidy and ad- (A) by striking ‘‘academic year’’ each place it bill payments during such period; and ministrative costs) for each 100 dollars loaned, appears and inserting ‘‘year’’; and ‘‘(II) is not and has not been more than 89 of loans made pursuant to this subsection be- (B) in paragraph (2), by striking ‘‘third or days delinquent on the repayment of any other tween the date of enactment of the Ensuring fourth’’ and inserting ‘‘third, fourth, or fifth’’; debt during such period. Continued Access to Student Loans Act of 2008 (3) in subsection (c)— ‘‘(ii) DEFINITION OF MORTGAGE LOAN.—In this and June 30, 2009, disaggregated by type of (A) in the matter preceding paragraph (1)— subparagraph, the term ‘mortgage loan’ means loan, compared to such costs to the Federal Gov- (i) by striking ‘‘full–time’’; an extension of credit to a borrower that is se- ernment during such time period of comparable (ii) by striking ‘‘academic’’ and inserting cured by the primary residence of the borrower. loans under this part and part D, disaggregated ‘‘award’’; and ‘‘(iii) RULE OF CONSTRUCTION.—Nothing in by part and by type of loan; and (iii) by striking ‘‘is made’’ and inserting ‘‘is this subparagraph shall be construed to limit an made for a grant under this section’’; eligible lender’s authority under the regulations ‘‘(iii) beginning July 1, 2010, provide to the Committee on Health, Education, Labor, and (B) by striking paragraphs (1) and (2) and in- promulgated pursuant to paragraph (1)(A) to serting the following: determine that extenuating circumstances Pensions of the Senate and the Committee on Education and Labor of the House of Represent- ‘‘(1) is eligible for a Federal Pell Grant; exist.’’. ‘‘(2) is enrolled or accepted for enrollment in atives and make available to the public— (5) On page 10, after line 24 insert: an institution of higher education on not less ‘‘(I) copies of any new or revised plans or (1) in paragraph (1), by inserting after the than a half-time basis; and’’; and agreements made by guaranty agencies or the second sentence the following: ‘‘No loan under (C) in paragraph (3)— Department related to the authorities under this section 428, 428B, or 428H that is made pursuant (i) by striking ‘‘academic’’ each place the term subsection; and to this subsection shall be made with interest appears; rates, origination or default fees, or other terms ‘‘(II) annual reports on— (ii) in subparagraph (A)— and conditions that are more favorable to the ‘‘(aa) the number and amounts of loans origi- (I) by striking the matter preceding clause (i) borrower than the maximum interest rates, origi- nated or approved pursuant to this subsection and inserting the following: nation or default fees, or other terms and condi- by each guaranty agency and eligible lender; ‘‘(A) the first year of a program of under- tions applicable to that type of loan under this and graduate education at a two- or four-year de- part.’’; ‘‘(bb) any related payments by the Depart- gree-granting institution of higher education (6) On page 12, line 14, strike ‘‘lenders will- ment, a guaranty agency, or an eligible lender. (including a program of not less than one year ing to make loans’’ and insert: ‘‘eligible ‘‘(B) SEPARATE REPORTING.—The information for which the institution awards a certificate)— lenders willing to make loans under this required to be reported under subparagraph ’’; part’’. (A)(ii)(II) shall be reported separately for loans (II) by striking clause (i) and inserting the fol- (7) On page 13, after line 2 insert: originated or approved pursuant to paragraph lowing: ‘‘(6) EXPIRATION OF AUTHORITY.—The Sec- (4), or payments related to such loans, for the ‘‘(i) has successfully completed, after January retary’s authority under paragraph (4) to des- time period in which the Secretary is authorized 1, 2006, a rigorous secondary school program of ignate institutions of higher education for par- to make designations under paragraph (4).’’. study that prepares students for college and is ticipation in the program under this subsection (8) On page 13, line 12, strike ‘‘agency’s’’ recognized as such by the State official des- shall expire on June 30, 2009. and insert: ‘‘agencies’’. ignated for such recognition, or with respect to ‘‘(7) EXPIRATION OF DESIGNATION.—The eligi- (9) On page 14, line 3, strike ‘‘adding at the any private or home school, the school official bility of an institution of higher education, or end’’ and insert: ‘‘inserting before the matter designated for such recognition for such school, borrowers from such institution, to participate following paragraph (5)’’. consistent with State law, which recognized pro- in the program under this subsection pursuant (10) On page 15, line 19, strike ‘‘loans origi- gram shall be reported to the Secretary; and’’; to a designation of the institution by the Sec- nated’’ and insert: ‘‘loans first disbursed’’. and retary under paragraph (4) shall expire on June (11) On page 15, line 21, after ‘‘October 1, (III) in clause (ii), by inserting ‘‘, except as 30, 2009. After such date, borrowers from an in- 2003,’’ insert: ‘‘and before July 1, 2009,’’. part of a secondary school program of study’’ stitution designated under paragraph (4) shall (12) On page 16, line 1, after ‘‘Federal Gov- before the semicolon; be eligible to participate in the program under ernment’’ insert: ‘‘(including the cost of (iii) in subparagraph (B)— this subsection as such program existed on the servicing the loans purchased)’’. (I) in the matter preceding clause (i), by strik- day before the date of enactment of the Ensur- (13) On page 16, strike lines 5 through 23, ing ‘‘year of’’ and all that follows through ing Continued Access to Student Loans Act of and insert the following: ‘‘higher education’’ and inserting ‘‘year of a 2008. ‘‘(2) FEDERAL REGISTER NOTICE.—The Sec- program of undergraduate education at a two- ‘‘(8) PROHIBITION ON INDUCEMENTS AND MAR- retary, the Secretary of the Treasury, and the or four-year degree-granting institution of high- KETING.—Each guaranty agency or eligible lend- Director of the Office of Management and er education (including a program of not less er that serves as a lender-of-last-resort under Budget, shall jointly publish a notice in the than two years for which the institution awards this subsection— Federal Register prior to any purchase of loans a certificate)’’; and ‘‘(A) shall be subject to the prohibitions on in- under this section that— (II) in clause (ii), by striking ‘‘or’’ after the ducements contained in subsection (b)(3) and ‘‘(A) establishes the terms and conditions gov- semicolon at the end; the requirements of section 435(d)(5); and erning the purchases authorized by paragraph (iv) in subparagraph (C)— ‘‘(B) shall not advertise, market, or otherwise (1); (I) in the matter preceding subclause (I) of promote loans under this subsection, except that ‘‘(B) includes an outline of the methodology clause (i), by inserting ‘‘certified by the institu- nothing in this paragraph shall prohibit a guar- and factors that the Secretary, the Secretary of tion to be’’ after ‘‘is’’; anty agency from fulfilling its responsibilities the Treasury, and the Director of the Office of (II) by striking clause (i)(II) and inserting the under paragraph (2)(C). Management and Budget, will jointly consider following:

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00037 Fmt 0687 Sfmt 6333 E:\BR08\H01MY8.001 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7524 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 May 1, 2008 ‘‘(II) a critical foreign language; and’’; and ‘‘(2) LIMITATIONS.— pleased that with today’s vote, we will (III) in clause (ii), by striking the period at ‘‘(A) NO GRANTS FOR PREVIOUS CREDIT.—The have an opportunity to send to him the end and inserting a semicolon; and Secretary may not award a grant under this sec- this bill for his signature. (v) by adding at the end the following: tion to any student for any year of a program The bill we are considering today ‘‘(D) the third or fourth year of a program of of undergraduate education for which the stu- undergraduate education at an institution of dent received credit before the date of enactment now includes some of the amendments higher education (as defined in section 101(a)), of the Higher Education Reconciliation Act of added by the Senate to strengthen the is attending an institution that demonstrates, to 2005. purpose of the legislation. I want to the satisfaction of the Secretary, that the insti- ‘‘(B) NUMBER OF GRANTS.—The Secretary may thank Senator KENNEDY and Senator tution— not award more than one grant to a student de- ENZI for all of their support for this ‘‘(i) offers a single liberal arts curriculum scribed in subsection (c)(3) for each year of legislation and all of their efforts to leading to a baccalaureate degree, under which study described in such subsection.’’; and get it through the Senate on a timely students are not permitted by the institution to (C) by adding at the end the following: and declare a major in a particular subject area, and ‘‘(3) CALCULATION OF GRANT PAYMENTS.—An basis. the student— institution of higher education shall make pay- Because today’s vote is timely, the ‘‘(I)(aa) studies, in such years, a subject de- ments of a grant awarded under this section in sooner we get this legislation to the scribed in subparagraph (C)(i) that is at least the same manner, using the same payment peri- President’s desk, the sooner it can be equal to the requirements for an academic major ods, as such institution makes payments for implemented by the Department of at an institution of higher education that offers Federal Pell Grants under section 401.’’; Education. This week, many incoming a baccalaureate degree in such subject, as cer- (5) by striking subsection (e)(2) and inserting freshmen will be reviewing their finan- the following: tified by an appropriate official from the institu- cial aid packages and making decisions tion; and ‘‘(2) AVAILABILITY OF FUNDS.—Funds made ‘‘(bb) has obtained a cumulative grade point available under paragraph (1) for a fiscal year on where they plan to attend college average of at least 3.0 (or the equivalent as de- shall remain available for the succeeding fiscal this fall. For many of these students, termined under regulations prescribed by the year.’’; their families are already worried Secretary) in the relevant coursework; or (6) in subsection (f)— about paying bills in today’s economy. ‘‘(II) is required, as part of the student’s de- (A) by striking ‘‘at least one’’ and inserting They shouldn’t also have to worry gree program, to undertake a rigorous course of ‘‘not less than one’’; and (B) by striking ‘‘subsection (c)(3)(A) and (B)’’ about whether Federal aid they depend study in mathematics, biology, chemistry, and on to pay for college will actually be physics, which consists of at least— and inserting ‘‘subparagraphs (A) and (B) of ‘‘(aa) 4 years of study in mathematics; and subsection (c)(3)’’; and there this fall when they need it. ‘‘(bb) 3 years of study in the sciences, with a (7) in subsection (g), by striking ‘‘academic’’ Over the past few months, we have laboratory component in each of those years; and inserting ‘‘award’’. been closely monitoring what has been and (b) EFFECTIVE DATE.—The amendments made happening in the financial markets, ‘‘(ii) offered such curriculum prior to Feb- by subsection (a) shall take effect on January 1, and we have heard from stakeholders ruary 8, 2006; or 2009. across the political and economic spec- ‘‘(E) the fifth year of a program of under- SEC. 11. INAPPLICABILITY OF MASTER CALENDAR trum: The Department of Education, graduate education that requires 5 full years of AND NEGOTIATED RULEMAKING RE- coursework, as certified by the appropriate offi- QUIREMENTS. college financial aid officers, lenders, cial of the degree-granting institution of higher Sections 482 and 492 of the Higher Education financial analysts, and students. Not education, for which a baccalaureate degree is Act of 1965 (20 U.S.C. 1089, 1098a) shall not surprising, we have heard varying pre- awarded by a degree-granting institution of apply to amendments made by sections 2 dictions. Some believe that the lenders higher education— through 9 of this Act, or to any regulations pro- will continue to face trouble accessing ‘‘(i) is certified by the institution of higher mulgated under such amendments. capital for loans, and others believe education to be pursuing a major in— The SPEAKER pro tempore. Pursu- that the markets will ease up. ‘‘(I) the physical, life, or computer sciences, ant to the rule, the gentleman from mathematics, technology, or engineering (as de- Fortunately so far, the credit crunch California (Mr. GEORGE MILLER) and has not prevented any student parent termined by the Secretary pursuant to regula- the gentleman from California (Mr. tions); or from getting the Federal loans for ‘‘(II) a critical foreign language; and MCKEON) each will control 20 minutes. which they are eligible. But we believe ‘‘(ii) has obtained a cumulative grade point The Chair recognizes the gentleman that it is only prudent to prepare for average of at least 3.0 (or the equivalent, as de- from California (Mr. GEORGE MILLER). the possibility that the ongoing stress termined under regulations prescribed by the GENERAL LEAVE in the Nation’s financial markets could Secretary) in the coursework required for the Mr. GEORGE MILLER of California. jeopardize access to student loans. major described in clause (i).’’; Mr. Speaker, I request 5 legislative (4) in subsection (d)— In addition to the provisions already (A) in paragraph (1)— days in which Members may insert ex- passed overwhelmingly by the House (i) in subparagraph (A)— traneous material on H.R. 5715 into the earlier this month, the legislation be- (I) by striking ‘‘The’’ and inserting ‘‘IN GEN- RECORD. fore us today includes additional meas- ERAL.—The’’; The SPEAKER pro tempore. Is there ures approved by the Senate amend- (II) in clause (ii), by striking ‘‘or’’ after the objection to the request of the gen- ments. This amended legislation semicolon at the end; tleman from California? assures that loans made through the (III) in clause (iii), by striking ‘‘subsection There was no objection. (c)(3)(C).’’ and inserting ‘‘subparagraph (C) or lender-of-last-resort program are made (D) of subsection (c)(3), for each of the two Mr. GEORGE MILLER of California. with similar terms and conditions as years described in such subparagraphs; or’’; and I yield myself such time as I may con- other FFELP loans. (IV) by adding at the end the following: sume. It makes the Secretary’s authority ‘‘(iv) $4,000 for an eligible student under sub- Mr. Speaker, I rise in strong support to designate entire institutions as a section (c)(3)(E).’’; and of H.R. 5715, the Ensuring Continued lender-of-last-resort program tem- (ii) in subparagraph (B)— Access to Student Loans Act of 2008, as porary. It ensures that guaranty agen- (I) by striking ‘‘Notwithstanding’’ and insert- amended by the Senate. Earlier this ing ‘‘LIMITATION; RATABLE REDUCTION.—Not- cies and lenders operating under the withstanding’’; month the House acted swiftly to pass lender-of-last-resort program are sub- (II) by redesignating clauses (i), (ii), and (iii), this bipartisan legislation to ensure ject to the same rules regarding in- as clauses (ii), (iii), and (iv), respectively; and that students and families will be able ducements and conflicts of interest (III) by inserting before clause (ii), as redesig- to continue to access Federal loans that other FFELP lenders are subject nated under subclause (II), the following: they need to pay for college, regardless to. ‘‘(i) in any case in which a student attends an of what happens in the Nation’s credit institution of higher education on less than a markets. b 1315 full-time basis, the amount of the grant that Over the past few weeks, the Presi- It safeguards the lender-of-last-resort such student may receive shall be reduced in the same manner as a Federal Pell Grant is reduced dent has also voiced his support for program from abuses by requiring under section 401(b)(2)(B);’’; this legislation. I am glad that the guaranty agencies and lenders acting (B) by striking paragraph (2) and inserting President has recognized the impor- as lenders of last resort to report on the following: tance of this legislation, and am very loans made through the program. It

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We also offered new loan tional benefits to an affordable, acces- by this legislation into the Academic availability and flexibility, and we sible, higher education system. What Competitiveness and SMART grants. called on the Federal financial authori- we are doing today is restating that I believe that these additions will en- ties to exercise their authority to sta- commitment and sending a signal to hance this bill by providing further bilize the market. students and families that we continue protection for parent borrowers, boost- I appreciate that the other Chamber to believe in this program that has ing aid to low-income students, in- chose to move quickly on our bill, opened the door of higher education to creasing accountability in the lender- rather than taking up a competing bill so many millions of aspiring young of-last-resort program. that would have slowed down this im- Americans. Now more than ever, families deserve portant assistance to students and Mr. Speaker, this is a good bill that every assurance that we are doing all families. However, some important im- deserves our support. I want to thank that we can to make sure that they provements were made as this bill Chairman MILLER, along with the will continue to be able to finance moved through the other body, and I chairman and ranking member of the their children’s education. I am con- want to highlight those here today. subcommittee, Representatives fident that our efforts, coupled with In early 2005 and early 2006, Congress HINOJOSA and KELLER, for their leader- proper planning in the Department of approved a budget reconciliation meas- ship on this issue. I would also like to Education, will help ensure that stu- ure that created two new grant pro- recognize the staff for their hard work dents are able to get the financial as- grams to help low-income students pur- as well. I urge all my colleagues to join sistance they need to attend college suing a college education. Those two me in support of this measure. this fall. new programs are the Academic Com- Mr. Speaker, I reserve the balance of I would like to thank Mr. MCKEON, petitiveness Grant and the SMART my time. our committee’s senior Republican, Mr. Grant. These grant programs are Mr. GEORGE MILLER of California. HINOJOSA, the subcommittee Chair, Mr. meant to promote student academic Mr. Speaker, I yield 3 minutes to the KELLER, the senior Republican on the achievement, particularly in fields gentleman from Texas (Mr. HINOJOSA), subcommittee, and all of their staff that are vital to our continued com- the chairman of the subcommittee. and all my colleagues on both sides of petitiveness in a changing world. Mr. HINOJOSA. Mr. Speaker, I rise the aisle for their commitment to act- During the committee deliberations in strong support of H.R. 5715, the En- ing promptly on behalf of America’s on a comprehensive renewal of the suring Continued Access to Student students and families. Again, thank Higher Education Act, Representative Loans Act. I especially want to thank you to Senator KENNEDY and Senator ROB BISHOP took a leadership role in Chairman GEORGE MILLER and ranking ENZI for their support. clarifying the role of States and not member BUCK MCKEON and all the oth- I urge my colleagues to join us in the Federal Government in estab- ers who have worked with us to be able swiftly passing this legislation. lishing rigorous high school curricula. to resolve the challenge of access and I reserve the balance of my time. The purpose of the Academic Competi- affordability to higher education to all Mr. MCKEON. Mr. Speaker, I rise in tiveness Grant was to encourage stu- those who wish to go to that level of support of H.R. 5715, and yield myself dents to pursue challenging course education. such time as I may consume. work to prepare for college, but it was This is urgent legislation, and I I am pleased to be here just 2 weeks never intended to usurp State and local thank the leadership in both the House after the House voted overwhelmingly responsibility for establishing cur- and the Senate for ensuring its swift in support of this effort to restore con- ricula. I am pleased we were able to in- passage. We are all united in our com- fidence in our student loan program. corporate his proposed changes into mitment to provide every assurance to Today we will give final approval to the bill that is moving today. students and families that there will be this measure and send it to the Presi- Mr. Speaker, I support this bill, but I no disruption in the Federal student dent for his signature. It is not often would be remiss if I did not highlight loan programs, regardless of what is that Congress acts so nimbly to re- what I believe to be the root causes of happening in the financial markets in spond to a current market challenge, the current difficulties in our financial our country. and I welcome this show of bipartisan markets. Last year, Federal support As of today, no student has been un- cooperation. I hope it is a sign of for the loan program was slashed, forc- able to find a lender for a Federal stu- things to come. ing loan providers to scale back on ben- dent loan. However, we are not going When we debated this bill on the efits and reevaluate their future par- to wait until students and families are floor 2 weeks ago, I noted that while it ticipation in the program. This year, denied loans before putting safeguards is a good start, it is not a complete so- disruption in the capital markets have in place. Today is the day that many lution. That continues to be true reduced liquidity and shaken investor incoming freshman students must de- today. I am particularly interested in and consumer confidence. cide which college they will attend in exploring a more market-oriented solu- I appreciate the steps taken in this the fall. Financial aid is a critical con- tion to what is obviously a market- bill to begin to stabilize a program sideration for that decision process. We based problem. I am hopeful that the that has been badly shaken. I am espe- can leave no doubt in the minds of stu- administration will pursue steps such cially pleased that this bill contains no dents, families or campuses about the as an intervention by the Federal Fi- net cost to the American taxpayer and availability of that aid. That is why we nancing Bank, along with the other that it does not force colleges and uni- must send this legislation to the Presi- proposals that have been offered to re- versities to embrace the government- dent for his signature without delay. store balance. Still, the steps taken run Direct Loan Program that the vast Mr. Speaker, this legislation will under this bill are important prelimi- majority have already rejected. I will provide much-needed liquidity to the nary measures, and I look forward to remain vigilant in protecting against student loan marketplace by author- their swift enactment. any efforts to capitalize on the current izing the Secretary of Education on a The original bill passed by the House situation by imposing a big govern- temporary basis to purchase student focused on restoring stability to an un- ment monopoly on student loans. In loans so that lenders have the funds to certain market and offering reassur- fact, it is because I did not support a make new loans. The legislation clari- ances to students and their families. big government intervention that I fies the lender-of-last-resort option so

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If toring the situation,’’ and expressed tween Federal student aid and the cost you are eligible for a traditional Pell some diffidence and confusion about of college by increasing the amount a Grant and you major in math, science whether or not in fact the Federal Gov- student can borrow in the unsubsidized or foreign languages that are critical ernment really had a role to play in loan program. and you have a B average, you will be terms of being lender of last resort. This contingency plan for the stu- able to get an additional $4,000 above During the last 6 weeks, what we dent loan marketplace will come at no and beyond the maximum award of have seen is the collapse of Bear cost to the taxpayers. In fact, any sav- $4,800. This bill expands that to allow Stearns, we have seen lenders with- ings that may be generated will be di- full- and part-time students to partake. drawing from the student loan market, rected to the Academic Competitive- That means we will be helping a total and a clear signal that the subprime ness and SMART grants that are avail- of approximately 100,000 students who mortgage crisis is in fact extending to able to needy students who complete a are majoring in math and science and the student loan market. In Con- rigorous program of study in high critical languages, and also helping necticut, the Connecticut Commis- school and those students who are pur- ourselves, because we desperately need sioner of Higher Education Mike suing majors in high-need fields, such more math and science majors. Meotti and the Director of Financial as science, engineering, technology and I have a chart here regarding our Aid at University of Connecticut, who I foreign languages. strong support for Pell grants on a bi- met with, confirmed the fact that they The SPEAKER pro tempore. The partisan basis to put this bill in per- were seeing some withdrawal from the time of the gentleman has expired. spective. Since I came to Congress in market and a need to step up their ac- Mr. GEORGE MILLER of California. 2000, I have noted that we have in- tivity in terms of giving students more I yield the gentleman 30 more seconds. creased Pell Grant funding by 149 per- help as they enter a very challenging Mr. HINOJOSA. Finally, with H.R. cent, from $7.6 billion to $18.9 billion. year, again, because of what is hap- 5715 we are signaling that we will bring b 1330 pening in the financial markets. all of our tools to the task of guaran- This legislation, which now the ad- teeing access to student loans. This We have increased the maximum ministration has come around in sup- legislation also calls upon Treasury award from $3,300 to $4,800, an increase port of, will in fact strengthen the Di- and our Federal financial institutions of 45 percent. Now, with this new ex- rect Student Loan program and will to do their share to ensure that there is panded legislation for more part-time confirm that the Federal Government sufficient capital in the Federal stu- students to get these SMART Grants, will in fact be a lender of last resort so dent loan marketplace. those particular students in math and that it will make sure that, in August I urge all my colleagues to vote science will get, as I said earlier, $8,800 and September, students and families ‘‘yes’’ on this critical stopgap legisla- in eligible grants. will not be running into difficulty and tion. And, finally, and particularly signifi- will in fact be able to go to college in Mr. MCKEON. Mr. Speaker, I yield cantly, we have made it possible for an the fall. such time as he may consume to the additional 1.9 million students to go to The Federal Government acted swift- gentleman from Florida (Mr. KELLER), college, an increase of 49 percent from ly to help Bear Stearns, an investment the ranking member of the Sub- 3.9 million students getting Pell Grants bank which frankly morally and ethi- committee on Higher Education. in 2000 to 5.8 million today. cally didn’t deserve the help. Millions Mr. KELLER of Florida. I thank the Making sure that college is afford- of students, however, do. And this leg- gentleman for yielding. able has been a bipartisan priority of islation, which will clearly confirm I rise today in support of the Ensur- this Congress. This bill will help ensure that the Federal Government has a ing Continued Access to Student Loans access to college for many worthy stu- role to play going into the summer Act. As the ranking member on the dents and provide much needed sta- months as students reach out to get fi- Higher Education Subcommittee and bility to the student loan market at a nancial assistance, that in fact the founder and chairman of the Pell Grant time when it is most important to our doors of colleges and universities will Caucus, I am honored to be a cosponsor college students. remain open. of this important legislation. I want to thank Chairman GEORGE I applaud Mr. MILLER for his leader- How did we get here? The troubles MILLER, Chairman HINOJOSA, and ship going back to last March 14 and that began in the subprime mortgage Ranking Member MCKEON for their ensuring that passage of this bill will market have had a ripple effect on our speedy and bipartisan work on this bill. occur on a bipartisan basis. economy, impacting all types of con- I want to thank my colleagues in the Mr. MCKEON. Mr. Speaker, I reserve sumer credit. Unfortunately, that in- Senate for turning this legislation the balance of my time. cludes student loans. As a result of around so quickly and adding some key Mr. GEORGE MILLER of California. these disruptions in the financial mar- provisions dealing with the SMART I yield 1 minute to the gentleman from kets, students and families all across Grants. I also want to thank the White Pennsylvania (Mr. ALTMIRE). the country are worrying about how House for indicating its strong support Mr. ALTMIRE. Mr. Speaker, I rise in they will pay for college this fall. of this legislation and their willingness strong support of this bill that I joined Through no fault of their own, middle to sign it upon arrival. with Chairman MILLER in introducing class families are worrying that their For these reasons, I urge my col- to ensure the current credit crunch children may have a difficult time get- leagues to vote ‘‘yes’’ on H.R. 5715, and does not prevent students from attend- ting the financing they need for col- let’s make college more affordable for ing college. lege. At least when it comes to Federal all young people. Recent decisions to suspend the loans, there are steps we can take now Mr. GEORGE MILLER of California. issuing of student loans by the Penn- to prevent that from happening. That I recognize the gentleman from Con- sylvania Higher Education Assistance is why I support this bill before us. necticut, a member of the committee, Agency and other lenders around the This bill will increase loan limits by for 2 minutes. country clearly demonstrate the need $2,000 to undergraduate students, it Mr. COURTNEY. Mr. Speaker, what a for this legislation. will give students more flexibility in difference 6 weeks makes. On March 14, This bill is a model for bipartisan co- their loan payment options, and it in- under Mr. MILLER’s leadership, the operation. Problems in the credit mar- cludes provisions that will help gen- Education and Labor Committee held a ket began affecting the student loan

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market only 2 months ago, and since Mr. ANDREWS. Mr. Speaker, I con- Chairman MILLER, thank Mr. HINOJOSA that time Congress has quickly moved gratulate Mr. MILLER and Mr. MCKEON again, Mr. KELLER, and especially Mr. to identify the problem, craft a respon- for skillfully navigating this legisla- KENNEDY and Mr. RENZI on the other sible solution to that problem, and tion to the floor, and I strongly support side for working very closely and de- quickly move that solution through it. ciding to take up our bill, because this the legislative process. And, today, we Our country’s economy has been se- could have been delayed. They moved are sending this bill to the President verely affected by a lack of liquidity expeditiously, and now we will be able for his signature. crisis. In plain language, people who to get this to the President’s desk. Congress can be proud of taking this need to borrow money to do good And, hopefully, the concerns that I proactive step to prevent a crisis and I things who are creditworthy are having have felt for several months now will am proud of what we did today, and en- a very difficult time borrowing that never come to bear; that we will go courage my colleagues to support this money. through this year, and students will be bill. The early tremors are present in the able to get their loans and we will do Mr. MCKEON. Mr. Speaker, I reserve education field that young men and this without any hiccups. But, if not, the balance of my time. women who need money to go to school this will be a big help as we move for- Mr. GEORGE MILLER of California. are beginning to have trouble bor- ward. I yield 3 minutes to the gentleman rowing that money; and we are, frank- I yield back the balance of my time. from New York (Mr. BISHOP), a member ly, concerned that an earthquake may Mr. GEORGE MILLER of California. of the committee. follow those tremors. I associate myself with the remarks of Mr. BISHOP of New York. Mr. Speak- Rather than wait for that disaster to the gentleman. er, I thank the chairman for yielding, occur, Chairman MILLER and Mr. Mr. SOUDER. Mr. Speaker, I support H.R. and I thank the chairman and the MCKEON are taking preventive, action 5715, and voted for it when it was first consid- ranking member of the full committee along with the Secretary of Education, ered on the House floor. Although I have and also of the subcommittee for work- to try to prevent such a calamity from some reservations, I believe it is a reasonable ing together so quickly and so coopera- occurring. compromise that will provide the student loan tively to bring this legislation to the This legislation is commendable on market added flexibility and stability going for- floor. It is very badly needed, and the any number of grounds. First, it ward. Had I been present, however, I would passage of it will allow us to expand strengthens the lender of last resort have voted ‘‘aye.’’ upon the gains that this Congress has program so that guarantee agencies Mr. GEORGE MILLER of California. made in the dual goals of access and af- around the country will be equipped to I yield back the balance of my time. fordability. And let me just quickly re- quickly move capital to students and The SPEAKER pro tempore. The flect on those. question is on the motion offered by We have significantly reduced stu- schools who find it difficult or impos- the gentleman from California (Mr. dent loan interest rates. We have sig- sible to get that capital from the bank- GEORGE MILLER) that the House sus- nificantly increased the Pell Grant ing institutions. Second, it increases pend the rules and concur in the Sen- maximum. We have overridden the ad- the limits that students can borrow ate amendments to the bill, H.R. 5715. ministration’s recommendation to money that is guaranteed under the Federal guaranteed loan programs. The question was taken. eliminate the SCOG program. We have The SPEAKER pro tempore. In the overridden the administration’s rec- This is especially important, because so many of our students need what are opinion of the Chair, two-thirds being ommendation to eliminate the Perkins in the affirmative, the ayes have it. Loan program. We have done all of this called gap loans. This is the person who has an aid package of $28,000, but who Mr. GEORGE MILLER of California. on a bipartisan basis, and we have done Mr. Speaker, on that I demand the yeas all of this with a focus on keeping stu- needs 31,000 to go to school. In the past, the way families and students have and nays. dent need and student interests upper- The yeas and nays were ordered. most in our mind. dealt with this problem is to find a pri- vate lender to make a loan to fill that The SPEAKER pro tempore. Pursu- There are several very positive fea- ant to clause 8 of rule XX and the tures of this bill. Let me talk just gap. There is increasing evidence that achieving that loan is increasingly dif- Chair’s prior announcement, further about three of them. The first is seeing proceedings on this motion will be to it that we maintain liquidity in the ficult. By raising the loan limits in a postponed. student loan market, a situation that fiscally responsible way, this bill alle- is forced upon us by factors that have viates that problem. f nothing to do with the Student Loan And, finally, by encouraging the FURTHER MESSAGE FROM THE program. The second is the increase in growth of technological progress in the SENATE education sector, this bill ramps up the loan limits on an annual basis. The A further message from the Senate infrastructure that will be necessary to most important element of this is that by Ms. Curtis, one of its clerks, an- move loans to more students around it will reduce student reliance on pri- nounced that the Senate has passed a the country as the time has come. vate lending, and that certainly is a bill of the following title in which the There is a lot of cynicism, Mr. Speak- goal of ours, to see to it that students concurrence of the House is requested: have access to government regulated er, in this country about government, and some of it is quite justified. But I S. 2954. An act to amend Public Law 110–196 loans as opposed to private loans. And, to provide for a temporary extension of pro- lastly, the easing of the repayment re- would hope that the cynics would grams authorized by the Farm Security and quirements for the parent loan will be watch the process that has occurred Rural Investment Act of 2002 beyond May 2, enormously helpful to needy families here where two leaders, one Democrat, 2008. and the students of those families. one Republican, have come together, f So I again want to commend leader- listened to the Secretary of Education, ship on both sides of the aisle and both carefully analyzed the problem, and TEMPORARY EXTENSION OF FARM sides of the Capitol for working so worked together to produce a piece of PROGRAMS quickly on this. I want to commend the legislation that I believe will solve Mr. HOLDEN. Mr. Speaker, I move to Education Department and the admin- that problem. I commend them for suspend the rules and pass the Senate istration for their willingness to be their leadership. bill (S. 2954) to amend Public Law 110– supportive, and I urge speedy passage. I am proud to support this legisla- 196 to provide for a temporary exten- Mr. MCKEON. Mr. Speaker, I reserve tion, and I would urge Republicans and sion of programs authorized by the the balance of my time. Democrats to vote ‘‘yes.’’ Farm Security and Rural Investment Mr. GEORGE MILLER of California. Mr. MCKEON. Mr. Speaker, I would Act of 2002 beyond May 2, 2008. I yield 3 minutes to the gentleman like to echo the words of others that The Clerk read the title of the Senate from New Jersey (Mr. ANDREWS). have spoken here today, and thank bill.

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00041 Fmt 0687 Sfmt 0634 E:\BR08\H01MY8.001 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7528 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 May 1, 2008 The text of the Senate bill is as fol- I urge support. The SPEAKER pro tempore. The lows: I reserve the balance of my time. question is on the motion to instruct. S. 2954 Mr. LUCAS. Mr. Speaker, I yield my- The vote was taken by electronic de- Be it enacted by the Senate and House of Rep- self such time as I might consume. vice, and there were—yeas 157, nays resentatives of the United States of America in I rise in support of the temporary 259, not voting 15, as follows: Congress assembled, farm bill extension that will extend [Roll No. 238] SECTION 1. ADDITIONAL TEMPORARY EXTEN- some of the provisions of the 2002 farm YEAS—157 SION OF AGRICULTURAL PROGRAMS bill so that the conferees can attempt AND SUSPENSION OF PERMANENT Allen Franks (AZ) Pascrell PRICE SUPPORT AUTHORITIES. to finalize this bill. I share my col- Bachus Frelinghuysen Paul Effective April 25, 2008, section 1 of Public league’s perspective over there. I think Baird Gallegly Pence Law 110–196 (122 Stat. 653) (as amended by progress has been made, and we need to Barrett (SC) Garrett (NJ) Peterson (PA) Public Law 110–200 (122 Stat. 695) and Public bring this to a conclusion. Bartlett (MD) Gerlach Petri Barton (TX) Giffords Pickering Law 110–205 (122 Stat. 713)) is amended— With that, I urge my colleagues to Bean Gilchrest (1) in subsection (a), by striking ‘‘May 2, Pitts support this farm bill extension so that Berkley Gingrey Platts 2008’’ and inserting ‘‘May 16, 2008’’; and that work can be accomplished. Berman Goode Price (GA) (2) in subsection (d), by striking ‘‘May 2, Biggert Hall (TX) Pryce (OH) Bilbray Harman 2008’’ and inserting ‘‘May 16, 2008’’. b 1345 Radanovich Bishop (NY) Heller Ramstad The SPEAKER pro tempore. Pursu- I yield back the balance of my time. Bishop (UT) Hensarling Reichert ant to the rule, the gentleman from Blumenauer Hobson Mr. HOLDEN. Mr. Speaker, I yield Rogers (KY) Boehner Hodes Pennsylvania (Mr. HOLDEN) and the back the balance of my time. Rohrabacher gentleman from Oklahoma (Mr. LUCAS) Bono Mack Hoekstra The SPEAKER pro tempore. The Boucher Holt Roskam each will control 20 minutes. question is on the motion offered by Broun (GA) Hunter Royce Ryan (WI) The Chair recognizes the gentleman the gentleman from Pennsylvania (Mr. Brown (SC) Inglis (SC) from Pennsylvania. Brown-Waite, Issa Sa´ nchez, Linda HOLDEN) that the House suspend the Mr. HOLDEN. Mr. Speaker, I rise in Ginny Johnson, Sam T. rules and pass the Senate bill, S. 2954. Burgess Jordan Saxton support of this 2-week extension of the The question was taken; and (two- Calvert Keller Schiff current farm bill. The conferees have Schmidt thirds being in the affirmative) the Campbell (CA) Kind been working hard, particularly Chair- Cannon Kirk Schwartz rules were suspended and the Senate man PETERSON and Ranking Member Cantor Kline (MN) Sensenbrenner bill was passed. Capito Knollenberg Sessions GOODLATTE, and the chairman and A motion to reconsider was laid on Castle Lamborn Sestak ranking member in the other body. Castor Lampson the table. Shadegg And we can see the light at the end of Chabot Langevin Shays the tunnel, but we still need some addi- f Chandler Latta Shea-Porter Conyers Lewis (CA) tional time to dot all the I’s and cross Sherman GENERAL LEAVE Cooper Linder Smith (NE) all the T’s, as we try to prepare the Crenshaw Lipinski Mr. HOLDEN. Mr. Speaker, I ask Smith (NJ) American people for a sound farm pol- Cubin LoBiondo Smith (WA) unanimous consent that all Members Culberson Lofgren, Zoe Speier icy over the next several years. I think Davis (CA) Lungren, Daniel may have 5 legislative days in which to Stark that we are going to present a farm bill Davis, David E. Stearns revise and extend their remarks on S. Davis, Tom Mack to this body and to the American peo- Tancredo ple that will do just that. I think this 2954. DeFazio Markey Dent Matheson Terry will gain overwhelming support in both The SPEAKER pro tempore. Is there Tiberi objection to the request of the gen- Dreier McDermott bodies and will be signed by the Presi- Duncan McGovern Tierney dent of the United States. tleman from Pennsylvania? Ehlers McKeon Van Hollen In the commodity title, we will not There was no objection. Ellison Mica Wamp English (PA) Michaud Waters only sustain our safety net, but we will f Eshoo Miller (FL) Welch (VT) see significant reform. In the conserva- ANNOUNCEMENT BY THE SPEAKER Feeney Miller, Gary Westmoreland Ferguson Mitchell Wilson (SC) tion title, where I have the privilege of PRO TEMPORE chairing the subcommittee, along with Filner Moore (WI) Wittman (VA) The SPEAKER pro tempore. Pursu- Flake Moran (VA) Wolf Mr. LUCAS who is the ranking member, Fortenberry Murphy (CT) Woolsey we will see significantly more invest- ant to clause 8 of rule XX, proceedings Foxx Murphy, Patrick Young (AK) ment of about $4 billion into our con- will resume on questions previously Frank (MA) Pallone Young (FL) servation programs. And, in nutrition, postponed. NAYS—259 Votes will be taken in the following which has been so important to our Abercrombie Butterfield Delahunt leadership, we will see an additional $10 order: Ackerman Buyer DeLauro billion in investment in nutrition pro- Motion to instruct on H.R. 2419, by Aderholt Camp (MI) Diaz-Balart, L. grams. the yeas and nays; motion to suspend Akin Capps Diaz-Balart, M. Alexander Capuano Dicks And, finally on the energy title; we the rules relating to H.R. 5715, by the Altmire Cardoza Dingell hear so much talk about our need to be yeas and nays. Andrews Carnahan Donnelly less dependent upon foreign energy, we The first electronic vote will be con- Arcuri Carney Doolittle ducted as a 15-minute vote. The second Baca Carson Doyle need to step up to the plate and do Bachmann Carter Drake something. We should have done it electronic vote will be conducted as a Baldwin Clarke Edwards years ago. But we cannot let this farm 5-minute vote. Barrow Clay Ellsworth bill go without having a significant in- Becerra Cleaver Emanuel f Berry Clyburn Emerson vestment in energy. And we are proud MOTION TO INSTRUCT CONFEREES Bilirakis Coble Engel of the work that we have been able to Bishop (GA) Cohen Etheridge do on the energy title, particularly in ON H.R. 2419, FOOD AND ENERGY Blunt Cole (OK) Everett SECURITY ACT OF 2007 Bonner Conaway Fallin the area of cellulosic ethanol. We think Boozman Costa Farr that we are going to have a program The SPEAKER pro tempore. The un- Boren Costello Fattah that is going to allow us to begin to finished business is the vote on the mo- Boswell Courtney Foster wean ourselves off the dependency tion to instruct on H.R. 2419 offered by Boustany Cramer Gillibrand Boyd (FL) Crowley Gohmert upon foreign energy. the gentleman from Arizona (Mr. Boyda (KS) Cuellar Gonzalez So, Mr. Speaker, I believe that the FLAKE) on which the yeas and nays Brady (PA) Cummings Goodlatte conferees are working hard, they are were ordered. Brady (TX) Davis (AL) Gordon making significant progress, but we The Clerk will redesignate the mo- Braley (IA) Davis (IL) Granger Brown, Corrine Davis (KY) Graves need a little bit more time to accom- tion. Buchanan Davis, Lincoln Green, Al plish our product. The Clerk redesignated the motion. Burton (IN) DeGette Green, Gene

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00042 Fmt 0687 Sfmt 0634 E:\BR08\H01MY8.001 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 7529 Grijalva McCarthy (NY) Ruppersberger ENSURING CONTINUED ACCESS TO Lewis (GA) Ortiz Shuster Gutierrez McCaul (TX) Ryan (OH) STUDENT LOANS ACT OF 2008 Linder Pallone Simpson Hall (NY) McCollum (MN) Salazar Lipinski Pascrell Sires Hare McCotter Sali The SPEAKER pro tempore (Mr. LoBiondo Pastor Skelton Hastings (FL) McCrery Sarbanes Loebsack Pearce Smith (NE) SERRANO). The unfinished business is Hastings (WA) McHenry Schakowsky Lofgren, Zoe Pence Smith (NJ) Hayes McHugh Scott (GA) the vote on the motion to suspend the Lowey Perlmutter Smith (TX) Herger McIntyre Scott (VA) rules and concur in the Senate amend- Lucas Peterson (MN) Smith (WA) Herseth Sandlin McMorris Serrano ments to the bill, H.R. 5715, on which Lungren, Daniel Peterson (PA) Snyder Higgins Rodgers Shimkus E. Petri Solis Hill McNerney the yeas and nays were ordered. Lynch Pickering Shuler Space Hinchey McNulty Mack Pitts Shuster The Clerk read the title of the bill. Speier Hinojosa Meek (FL) Mahoney (FL) Platts Simpson Spratt Hirono Meeks (NY) The SPEAKER pro tempore. The Maloney (NY) Pomeroy Sires Stark Holden Melancon question is on the motion offered by Manzullo Porter Hooley Miller (MI) Skelton the gentleman from California (Mr. Marchant Price (NC) Stearns Hoyer Miller (NC) Smith (TX) Markey Pryce (OH) Stupak GEORGE MILLER) that the House sus- Hulshof Miller, George Snyder Marshall Putnam Sullivan Inslee Mollohan Solis pend the rules and concur in the Sen- Matheson Radanovich Sutton Jackson (IL) Moore (KS) Souder ate amendments to the bill, H.R. 5715. Matsui Rahall Tanner Space Tauscher Jackson-Lee Moran (KS) This will be a 5-minute vote. McCarthy (CA) Ramstad (TX) Murphy, Tim Spratt McCarthy (NY) Rangel Taylor Jefferson Murtha Stupak The vote was taken by electronic de- McCaul (TX) Regula Terry Johnson (GA) Musgrave Sullivan vice, and there were—yeas 388, nays 21, McCollum (MN) Rehberg Thompson (CA) Johnson (IL) Myrick Sutton not voting 22, as follows: McCotter Reichert Thompson (MS) Johnson, E. B. Nadler Tanner McCrery Renzi Thornberry Jones (NC) Napolitano Tauscher [Roll No. 239] McDermott Reyes Tiahrt Jones (OH) Neal (MA) McGovern Reynolds Tiberi Taylor YEAS—388 Kagen Neugebauer Thompson (CA) McHenry Richardson Tierney Kanjorski Nunes Thompson (MS) Abercrombie Clarke Gohmert McHugh Rodriguez Towns Kaptur Oberstar Thornberry Ackerman Clay Gonzalez McIntyre Rogers (AL) Tsongas Kennedy Obey Tiahrt Aderholt Cleaver Goode McKeon Rogers (KY) Turner Kildee Olver Towns Akin Clyburn Goodlatte McMorris Rogers (MI) Udall (CO) Kilpatrick Ortiz Tsongas Alexander Coble Gordon Rodgers Rohrabacher Udall (NM) King (IA) Pastor Turner Allen Cohen Granger McNerney Ros-Lehtinen Upton King (NY) Pearce Altmire Cole (OK) Graves Udall (CO) McNulty Roskam Van Hollen Kingston Perlmutter Andrews Conaway Green, Al Meek (FL) Ross Udall (NM) Vela´ zquez Klein (FL) Peterson (MN) Arcuri Conyers Green, Gene Meeks (NY) Rothman Upton Visclosky Kucinich Poe Baca Cooper Grijalva Melancon Roybal-Allard Vela´ zquez Walberg Kuhl (NY) Pomeroy Bachmann Costa Hall (NY) Mica Royce Visclosky Walden (OR) Larsen (WA) Porter Bachus Costello Hall (TX) Michaud Ruppersberger Walberg Walsh (NY) Larson (CT) Price (NC) Baird Courtney Hare Miller (MI) Ryan (OH) Walz (MN) Latham Putnam Walden (OR) Baldwin Cramer Harman Miller (NC) Ryan (WI) Wamp LaTourette Rahall Walsh (NY) Barrett (SC) Crenshaw Hastings (FL) Miller, Gary Salazar Wasserman Lee Rangel Walz (MN) Barrow Crowley Hastings (WA) Miller, George Sali Schultz Levin Regula Wasserman Bartlett (MD) Cubin Hayes Mitchell Sa´ nchez, Linda Waters Lewis (GA) Rehberg Schultz Barton (TX) Cuellar Heller Mollohan T. Watson Loebsack Renzi Watson Bean Culberson Herger Moore (KS) Sarbanes Watt Lowey Reyes Watt Becerra Cummings Herseth Sandlin Moore (WI) Saxton Lucas Reynolds Waxman Berkley Davis (AL) Hill Moran (KS) Schakowsky Waxman Lynch Richardson Weiner Berman Davis (CA) Hinchey Moran (VA) Schiff Weiner Mahoney (FL) Rodriguez Weller Berry Davis (IL) Hinojosa Murphy (CT) Schmidt Welch (VT) Maloney (NY) Rogers (AL) Wexler Biggert Davis (KY) Hirono Murphy, Patrick Schwartz Weller Manzullo Rogers (MI) Whitfield (KY) Bilbray Davis, David Hobson Murphy, Tim Scott (GA) Wexler Marchant Ros-Lehtinen Wilson (OH) Bilirakis Davis, Lincoln Hodes Murtha Scott (VA) Whitfield (KY) Marshall Ross Wu Bishop (GA) Davis, Tom Hoekstra Musgrave Sensenbrenner Wilson (OH) Matsui Rothman Wynn Bishop (NY) DeFazio Holden Myrick Serrano Wilson (SC) McCarthy (CA) Roybal-Allard Yarmuth Bishop (UT) DeGette Holt Nadler Sessions Wittman (VA) Blumenauer Delahunt Hooley Napolitano Sestak Wolf NOT VOTING—15 Blunt DeLauro Hoyer Neal (MA) Shadegg Woolsey Boehner Dent Hulshof Neugebauer Shays Wu Blackburn Honda Rush Bonner Diaz-Balart, L. Hunter Nunes Shea-Porter Wynn Deal (GA) Israel Sanchez, Loretta Bono Mack Diaz-Balart, M. Inglis (SC) Oberstar Sherman Yarmuth Doggett LaHood Slaughter Boozman Dicks Inslee Obey Shimkus Young (AK) Forbes Lewis (KY) Weldon (FL) Boren Dingell Issa Olver Shuler Young (FL) Fossella Payne Wilson (NM) Boswell Donnelly Jackson (IL) Boustany Doolittle Jackson-Lee NAYS—21 b 1410 Boyd (FL) Doyle (TX) Brady (TX) Garrett (NJ) Lamborn Boyda (KS) Drake Jefferson Broun (GA) Gingrey Miller (FL) Messrs. CAMP of Michigan, Brady (PA) Dreier Johnson (GA) Campbell (CA) Hensarling Paul BONNER, SOUDER, COSTA, OBER- Braley (IA) Edwards Johnson (IL) Duncan Johnson, Sam Poe Brown (SC) Ehlers Johnson, E. B. Flake Jordan Price (GA) STAR and JONES of North Carolina, Brown, Corrine Ellison Jones (NC) Foxx King (IA) Tancredo Ms. HOOLEY and Mrs. MYRICK Brown-Waite, Ellsworth Jones (OH) Franks (AZ) Kingston Westmoreland changed their vote from ‘‘yea’’ to Ginny Emanuel Kagen Buchanan Emerson Kanjorski NOT VOTING—22 ‘‘nay.’’ Burgess Engel Kaptur Blackburn Honda Rush Ms. ZOE LOFGREN of California, Burton (IN) English (PA) Keller Boucher Israel Sanchez, Loretta Butterfield Eshoo Kennedy Deal (GA) LaHood Slaughter Mrs. DAVIS of California, Ms. WOOL- Buyer Etheridge Kildee Doggett Larsen (WA) Souder SEY, Ms. LINDA T. SA´ NCHEZ of Cali- Calvert Everett Kilpatrick Forbes Latham Weldon (FL) Camp (MI) Fallin Kind fornia, Ms. GIFFORDS and Messrs. Fossella Lee Wilson (NM) SHAYS, BERMAN, FRANKS of Ari- Cannon Farr King (NY) Gutierrez Lewis (KY) Cantor Fattah Kirk Higgins Payne zona, LATTA, MORAN of Virginia, Capito Feeney Klein (FL) CONYERS and LAMPSON changed Capps Ferguson Kline (MN) b 1417 their vote from ‘‘nay’’ to ‘‘yea.’’ Capuano Filner Knollenberg Cardoza Fortenberry Kucinich Mr. GINGREY changed his vote from So the motion to instruct was re- Carnahan Foster Kuhl (NY) ‘‘yea’’ to ‘‘nay.’’ jected. Carney Frank (MA) Lampson Carson Frelinghuysen Langevin So (two-thirds being in the affirma- The result of the vote was announced Carter Gallegly Larson (CT) tive) the rules were suspended and the as above recorded. Castle Gerlach LaTourette Senate amendments were concurred in. Castor Giffords Latta A motion to reconsider was laid on Chabot Gilchrest Levin The result of the vote was announced the table. Chandler Gillibrand Lewis (CA) as above recorded.

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00043 Fmt 0687 Sfmt 0634 E:\BR08\H01MY8.001 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7530 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 May 1, 2008 A motion to reconsider was laid on I wonder if the gentleman has the but I will tell you again, I think it’s the table. sense of the likelihood that any spe- still up in the air. Stated for: cific one of those might also be avail- Mr. OBEY has been discussing with Ms. SLAUGHTER. Mr. Speaker, on rollcall able during that period of time. the Senate how they think we can best No. 239, I was detained in Senate on district Mr. HOYER. If I had my druthers and move forward as expeditiously as pos- business. Had I been present, I would have I could make it happen, all of them sible and so that we can try to achieve voted ‘‘yea.’’ would be within the context of that 11 the end. Ms. LEE. Mr. Speaker, earlier today I days to which you refer. The chairman As you know, there is substantial dis- missed rollcall vote No. 239 on approving the of the Budget Committee is on the cussion about what is in the supple- Senate amendments to H.R. 5715, the Ensur- floor. I know he’s been working very, mental. The President, as you know, ing Continued Access to Student Loans Act of very hard, and I believe that we are has indicated that and Mr. Nussel has 2008. Had I been present, I would have voted close on the budget conference. I think indicated that if anything above the ‘‘yea.’’ that may well be a possibility. dollars asked essentially for Iraq and Mr. SOUDER. Had I been present on rollcall There may well be other conference Afghanistan are included for invest- 239, I would have voted ‘‘aye.’’ reports available as well. I cannot tell ment here in this country on various Mr. LATHAM. Mr. Speaker, on rollcall No. you now specifically that there are different items, perhaps dealing with 239, I inadvertently missed the vote today on bills that I am absolutely assured will unemployment insurance, perhaps H.R. 5715 due to an unforeseeable conflict. be ready for that time frame, but I do dealing with energy credits so that we Had I been present, I would have voted ‘‘yea.’’ believe that there will be significant can ensure the expansion of alternative f pieces ready. enterprises for alternative fuels, those LEGISLATIVE PROGRAM The DOD authorization bill will, of are all being discussed to see whether (Mr. BLUNT asked and was given course, be considered on the week of they are possibilities in terms of pas- permission to address the House for 1 the 18th, I believe. That’s the week of sage and, hopefully, signature by the minute.) the 18th. The supplemental is obviously President. Mr. BLUNT. Mr. Speaker, I yield to on our radar screen, and we hope to We think that there are a number of my friend, the majority leader, to give pass the supplemental before we leave items that are critically important to us some information about the sched- as well. I was hoping for next week. pass now that we think this bill is ap- ule for next week. That still is a possibility, but I’m not propriate for but we don’t have agree- Mr. HOYER. I thank the Republican assured that they will be in place, ment on at this point in time. But Mr. whip for yielding. ‘‘they’’ being Mr. OBEY in our discus- OBEY is working today and hopefully On Monday, the House will meet at sions. I’m not sure what his plans will tomorrow, and we have a number of 12:30 p.m. for morning hour and 2 p.m. be, whether he can move it ahead that meetings today to see if we can move for legislative business with votes post- quickly. that forward. poned until 6:30 p.m. On Tuesday, the The budget conference, of course the So I regret I do not have a more de- House will meet at 10:30 a.m. for morn- farm bill conference, the supplemental, finitive answer for you, but that is the ing hour and 12 p.m. for legislative and the DOD authorization are major candid answer. business. On Wednesday and Thursday, pieces of legislation I want to see Mr. BLUNT. I thank my friend for the House will meet at 10 a.m. for legis- passed before we leave. the candidness of that answer. lative business. On Friday, no votes are Mr. BLUNT. I have a couple of ques- I also remember and remind him that expected, and I underline ‘‘expected,’’ tions about that. last week on the topic of the expanded in the House. First of all, on the one you didn’t GI benefits, the supplemental, under We will consider several bills under mention, the higher education con- the rules we’ve been working with, suspension of the rules. The final list of ference, I think the higher education, would be considered, at least the war- suspension bills will be announced, as the current bill, expired last evening. time part of that, an emergency spend- is our practice, by the close of business Will we extend that? Would that be the ing and not under the PAYGO rules. tomorrow. We will consider legislation gentleman’s intention that we extend The GI benefits that have been talked to address the housing crisis, including the current bill next week as well as about both here and on the other side bills reported out of the Financial the other work that’s been listed? of the building, I think last week you Services Committee regarding the Fed- Mr. HOYER. That is an option as well suggested that those were related to eral Housing Administration and H.R. as in the best of all possible worlds, the the Iraq-Afghanistan expenditures in a 5818, the Neighborhood Stabilization conference would be completed and we way that you thought that the major- Act of 2008. We also hope to consider could pass the bill itself. If that does ity might waive PAYGO and include the farm bill conference report. not happen, we will contemplate an ex- those in the supplemental. Mr. BLUNT. On the housing question, tension. I’m wondering if any of those other you mentioned one bill. Is there a Mr. BLUNT. On the supplemental, items that you discussed, like unem- chance there will be two bills coming you mentioned Mr. OBEY. Is there now ployment insurance, might also meet out of Financial Services that may be a possibility that the supplemental that criteria where if they were in the incorporated there in some way? might be marked up in conference? I supplemental, they wouldn’t have to Mr. HOYER. That is possible that know during the 5 weeks now that comply with the PAYGO provisions of they would be considered separately. I we’ve talked about this, you had an- the current rules of the House. have not conferred with Mr. FRANK, the nounced a hope that we would have the I would yield. chairman, so I can’t definitively say supplemental on the floor either in the b 1430 that. I’m not absolutely sure, but the last week in April or you every time answer to your question is it’s possible. have said, ‘‘No later than the first Mr. HOYER. I thank the gentleman Mr. BLUNT. I thank the gentleman week in May.’’ So we’re not there yet for yielding. for that. but we get there next week. As it relates to the first item, the GI The gentleman also mentioned we You now would not anticipate that Bill, there is a comprehensive GI Bill, had a possibility, or at least your hope on the floor, is one question. The other as you know, sponsored by Mr. WEBB. that we would consider the farm bill is, where are we on the question wheth- Also Ms. HERSETH over here and others conference report. I know there are er the committee will mark that sup- have legislation which tries to respond some other conference reports out plemental up or it will come to the to the critical need that our veterans there, the budget, higher education, floor in some other way. returning from Afghanistan and Iraq consumer product safety. We’ve got 11 Mr. HOYER. I think that’s, candidly, now have because they have substan- working days left before we take the still up in the air. I know that’s of con- tially less generous benefits and, there- District Work Period at Memorial Day. cern to you. I understand that concern, fore, less opportunity to reintegrate

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00044 Fmt 0687 Sfmt 0634 E:\BR08\H01MY8.001 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 7531 themselves into the community and tax was not intended, I don’t think by those do we try to address, if any, in stabilize themselves and their families. any of us, to impact the people that it the supplemental? How many do we ad- We believe that is a cost of the war. is now impacting. I believe strongly dress in the stimulus package? Or how I don’t believe that under the current that we ought to fix the AMT, not just many do we address in separate legisla- suggestion, and I’m not suggesting for this coming year, but permanently, tion? that it’s in or out at this point in time, and we ought to pay for that. And the One of the positive aspects of the I’m not suggesting there is anything in reason I think that we ought to do that stimulus package, as you will recall be- or out in terms of proposal, but it is is, A, it clearly falls within the ambit cause you and I were in the room, was my belief that that would not require a of PAYGO, and secondly, because I that Secretary Paulson, on behalf of waiver of the PAYGO given the context think that our generation incurred this the administration, the Speaker, you in which it may be considered. What I liability and we ought to pay for that and I and Mr. BOEHNER sat down to- mean by that, and not to be too eso- liability. gether and talked about how we can teric, is that we may respond to the But some of the things that we have get from where we were to where we need this coming year as opposed to a already mentioned I think are more wanted to get, and we came to agree- longer term. analogous, not to tax extenders, giving ment. We have been unable to do that, Mr. BLUNT. Again, would that apply additional tax relief or fixing the AMT, as you know, on some of these things if we look at it as an economic provi- but are, as the UI is, unemployment in- that we think are of serious concern, sion to the bill to the unemployment surance, directed to an emergency that and the Medicaid regulations are an ex- insurance and other things as well? confronts us as a result of a substantial ample of that. Mr. HOYER. Will the gentleman downturn in the economy, which is Mr. BLUNT. I appreciate that. And I yield? analogous, I think, to the stimulus do recall those discussions. Mr. BLUNT. I would. package, which is why we didn’t con- Also, the tax policies that encourage Mr. HOYER. As you know, we came sider that to be a PAYGO issue and purchases that create jobs are in place. together and we agreed on the passage were prepared not to address it in a And as all of us on the floor here know, of a stimulus package. We passed a PAYGO way. the initial checks that go out as part of stimulus package because we thought Mr. BLUNT. I hear that answer and I the stimulus package are going out in our economy was either about to go in respect it, but I also believe that when the next few days over the next couple recession or was in recession—not at we’ve let these tax policies expire, they of months. And that, hopefully, will be the time when we passed it, but that have some of the same economic con- helpful. seems to be the case now—and the sequences. I suppose that can be de- On the supplemental, anything that stimulus package was designed to ei- bated when we get to that point in the we can do, that I can do, that our side ther keep us out or to bring us out of debate. But sort of selective waiving of can do to encourage going through the a recession and to try to help our peo- PAYGO, I hope we have developed some committee in the regular process, we ple who are at risk. As you know, we principles here that can maybe apply would like to do that. In the last 20 did that on an emergency basis. The to some other things as well. I think years, under both Democrats and Re- reason we did that on an emergency we’ve discussed that and I appreciate publicans, there have been 36 basis, we felt, in terms of stimulating the fact that we’ve had a difference on supplementals. All but seven of them the economy, you didn’t want to stim- this for some time. went through the committee. And ulate and depress at the same time. So I mentioned a couple of States that those seven did not go through the the answer to your question, for in- are particularly impacted by the credit committee based on a bipartisan deci- stance, on unemployment insurance, situation that we face right now on the sion that Katrina or 9/11 or some other that may well fall in the same category sales tax deductibility. That’s just an- event had occurred where Members on from our perspective. other burden on taxpayers that may be both sides of the aisle essentially said Mr. BLUNT. I thank the gentleman dealing with another problem that’s we know what needs to be done here, for that. part of the overall economic challenge we’re in agreement with it, let’s take a I would suggest if that was the cri- we face right now. And just like the bill to the floor. In the other 29 in- teria, that on the expired research and stimulus package waived PAYGO to stances where there was not bipartisan development credits or the expired de- try to help solve this problem, I’d sug- agreement, every supplemental went ductibility of sales tax from income gest that there may be items beyond through the committee. tax in those States that had that de- unemployment insurance that equally In the 12 years that we were in the ductibility for a few years ending on are related and may be even more con- majority, there were 20 supplementals. December 31, or even on the alternative tributory to the problem than unem- None of them had a closed rule, all of minimum tax protection for people ployment insurance. them except the ones I mentioned by who don’t pay that tax now, it seems to I would yield. bipartisan agreement went through the me they would meet that same criteria Mr. HOYER. I thank the gentleman committee, and 10 of them had an abso- of having negative economic impact as for yielding. lutely open rule where we brought the we let those research and development You mentioned the States. One of the supplemental to the floor and the rule credits expire or as we no longer allow things that we’re very concerned about essentially said bring on every amend- people in Florida and Texas and other is the very substantial fiscal adverse ment that you want to and we’ll debate States to deduct their sales tax before impact to the States that will be it until the amendments are exhausted. they pay their income tax or if we let caused by the change in the Medicaid That’s a time-honored process not just the AMT patch extend to a number of regulations proposed by the adminis- under the Democrat majority, but people. I don’t know if there is a way tration. That is one of the items under under the Republican majority. I’d like to handle those issues under that same consideration because that change, as I to again encourage that we do what- umbrella of economic impact or not, understand it from Mr. WAXMAN—as a ever we can do to further that discus- but I would yield. matter of fact, we just talked about sion that you suggested may be going Mr. HOYER. I thank the gentleman it—will have a very great adverse fi- on now that would have the committee for his observations. I think he and I nancial impact on the States. I’m sure option as one of the options. have a difference on the perception of you received a letter similar to the one Mr. HOYER. I thank the gentleman some of the items that he mentioned as that I received from both Democratic for his observation. He has made it be- being analogous to some of the other and Republican Governors asking us to fore. I will say that other Members, for items that we have discussed. address that. whom I have a great deal of respect, on On the AMT, for instance, there is a So there clearly are some items your side of the aisle have discussed disagreement on that alternative min- which have impact on the States. Very this with me. I think your point is well imum tax. The alternative minimum frankly the discussion is, how many of taken, and that is under discussion.

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Mr. BLUNT. I have one other ques- totally, I don’t mean everybody unani- RUPPERSBERGER’s. I’m not sure whose tion that wasn’t on a list and not on an mously voted for it. But the President district he is in, but I’m sure they are immediate schedule, but one of our did sign it. The President said it was a happy that he is living there, although Members from Oregon (Mr. WALDEN) step forward. For the first time in a he’s totally bipartisan, I’m sure. had asked me if I would bring up with very long period of time it said our He has done an outstanding job. I you the topic of H.R. 3058. It’s a bill automobiles need to be more efficient. have always found him to be in even sponsored by Mr. DEFAZIO from Oregon For the first time in a very long time humor, even in the toughest of times. on public lands, communities transi- it required the use of alternative fuels. Even in the times when the body some- tion. It was introduced last July, voted So that we addressed initially, and times gets more loud and uproarious out of Resources in December. The Ag- there’s much more that needs to be than at other times, he maintains an riculture Committee has now dis- done, longer term solutions. even demeanor. And, as I say, the com- charged the bill. This involves schools Short-term solutions are tough. petency and the talent and the com- in western lands, very important to our There is discussion about the SPR. mitment and the character he has western Members on both sides. There are discussions about taxes, gas- brought to his job has advantaged our Mr. WALDEN has asked me to ask oline taxes, as you know. There are country and the House of Representa- you, first of all, is there any informa- other discussions. If you have ideas, we tives. tion about when that might be sched- would be glad to have them in terms of Mark, we thank you. Congratulations uled? And secondly, to make the re- what can be done in the short term. to you. We wish you the very best, and quest that that bill be scheduled. Mr. BLUNT. I thank the gentleman. we look forward to seeing you back I would yield. I think we’ve brought some ideas in here in the near future and repeating Mr. HOYER. I thank the gentleman the last couple of weeks to the floor on it. for yielding. bills that didn’t necessarily relate to f I don’t have information now about this and we will probably have more the status of that bill, where it is. Ob- that we will be talking about. MOTION TO INSTRUCT CONFEREES viously it’s a bipartisan bill, Mr. I yield back. ON H.R. 2419, FOOD AND ENERGY DEFAZIO and Mr. WALDEN and others. It f SECURITY ACT OF 2007 is a bill that, very frankly, has been Mr. RYAN of Wisconsin. Mr. Speaker, ADJOURNMENT TO MONDAY, MAY brought up in the context of whether it I offer a motion to instruct conferees. 5, 2008 might be included in some other pieces The SPEAKER pro tempore. The of legislation, so that it obviously has Mr. HOYER. Mr. Speaker, I ask Clerk will report the motion. bipartisan support. I will look at it and unanimous consent that when the The Clerk read as follows: discuss it with Mr. DEFAZIO and let you House adjourns today, it adjourn to Mr. Ryan of Wisconsin moves that the know where we are on it. meet at 12:30 p.m. on Monday next for managers on the part of the House on the Mr. BLUNT. I thank the gentleman morning-hour debate. disagreeing votes of the two Houses on the for the time. The SPEAKER pro tempore. Is there Senate amendment to the bill H.R. 2419 be I do know the gentleman mentioned objection to the request of the gen- instructed, within the scope of the con- this week that in the 11 days left before tleman from Maryland? ference, to use the most recent baseline esti- this next work period at home, we There was no objection. mates supplied by the Congressional Budget might have a flurry of activity. And I Office when evaluating the costs of the pro- would suggest, you’ve seen lots of in- f visions of the report. terest on our side, that hopefully part b 1445 Mr. RYAN of Wisconsin (during the of that flurry of activity could be an reading). Mr. Speaker, I ask unanimous ON THE RETIREMENT OF MARK energy bill. I think now we’re in the consent that the text of the motion be O’SULLIVAN 18th or 19th straight day of highest gas- considered as read. oline prices ever. Tomorrow may be the (Mr. HOYER asked and was given The SPEAKER pro tempore. Is there 19th or 20th straight day of that. That permission to address the House for 1 objection to the request of the gen- would be one of the things that we minute.) tleman from Wisconsin? would certainly like to see Members of Mr. HOYER. Ladies and gentlemen of There was no objection. the House address before we leave here the House, many of you have heard me, The SPEAKER pro tempore. Pursu- for the Memorial Day break. and Mr. DREIER as well, over the years ant to the rule, the gentleman from I would yield. speak to how extraordinarily advan- Wisconsin (Mr. RYAN) and a Member Mr. HOYER. I thank the gentleman taged we are in the House of Represent- opposed each will be recognized for 30 for yielding. atives, and the American people are, by minutes. Without going into the polemics of the quality and commitment of the The Chair recognizes the gentleman the politics that we exchange on this of staff that serves this institution. from Wisconsin. what legislation we have passed It doesn’t serve Republicans or Mr. RYAN of Wisconsin. Mr. Speaker, through here, which was, we think, di- Democrats, but it serves the purposes it’s not my intention to consume the rected at trying to address the short- of assuring that this institution runs in full amount of time, as we had dis- term problems, dealing with OPEC, a way that gets the business of the cussed earlier. dealing with manipulation of prices, American people done in a way that’s At the beginning of this Congress, dealing with price gouging, which productive and positive for them and the Speaker of the House said the fol- many, if not all of you, on your side for our country. lowing: ‘‘After years of deficit spend- voted against. Suffice it to say I think Regretfully, I am going to observe ing, this new Congress will commit all of us are concerned about the high the retirement of one of those people. itself to a higher standard: pay-as-you- prices of gasoline. Suffice it to say that Happily, I can extol his virtues. I’ve go, no new deficit spending.’’ all of us, if we’re honest, know that in known him for a very long period of Well, the majority did follow through the short term it’s going to be very dif- time. I’ve seen his work, conscientious, on half of their promise. One of the ficult to impact on that. Thirdly, that able, and a very positive impact on this first things they did when they took the solution longer term is obviously institution. control of this place was put in a new moving towards alternative sources of Mark O’Sullivan, who is sitting just pay-as-you-go rule. energy and renewable sources of en- to my left on the second-level rostrum, But things haven’t quite worked out ergy. has been with us 31 years in the House, as well on the deficit. This year’s def- We passed a major piece of legisla- and he commutes from Baltimore icit is projected to double as spending tion last year. Happily we passed it in every day. I don’t know whose district is projected to rise by over $200 billion. somewhat of a bipartisan fashion, not he is in, maybe Mr. CUMMINGS’ or Mr. But at least they did put in the rule.

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00046 Fmt 0687 Sfmt 0634 E:\BR08\H01MY8.001 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 7533 And one of the things that makes this baseline, or they will be in clear viola- are here seeking to instruct the conferees on rule interesting, that requires this tion of their PAYGO rules. the part of the House. But if press reports are rule, is that the House must use the Now, the majority has dodged accurate, the Conference Report could be in most recent CBO baseline when deter- PAYGO before. The farm bill they violation of clause 10 of Rule XXI of the Rules mining whether a bill complies with passed last year had over $5 billion in of the House of Representatives, known as PAYGO. Let me read this rule word for timing shifts and other gimmicks in it, the PAYGO rule. Now, I am not a supporter of word to be clear: and I wouldn’t be surprised if you saw the PAYGO rule. Ostensibly it is intended to ‘‘The effect of a measure on the def- some of those in the conference report impose fiscal discipline—a worthy goal that I icit or surplus shall be determined on again this year. But if they use an old share. But in reality it does nothing more than the basis of estimates by the Com- baseline, this would take it to a whole mandate tax increases. If the Democratic mittee on Budget relative to the most new level, Mr. Speaker. This would be Leadership were to recognize this reality and recent baseline supplied by the Con- the first time the majority actually propose a rule change to eliminate PAYGO, gressional Budget Office.’’ used baseline shopping to violate the I’d support it. So far, they have not yet recog- It sounds pretty straightforward, Mr. PAYGO requirement. nized the error of their ways, and PAYGO is Speaker. You’ve got to use the current You see things like this, and it’s no a rule of the House. baseline when you apply PAYGO, no wonder people think Washington is At issue here is the number that is used as questions asked. broken. These types of games are ex- the baseline for determining deficit neutrality. But despite this, everyone I have actly what make people cynical about The rules of the House are unambiguous. The talked to about this issue, everything Congress. And I agree. This just isn’t most current baseline estimate must be used. I’ve heard, everything I’ve read in the the way the House should operate. The Clause 10 of Rule XXI provides: ‘‘the effect of newspapers had told me that the farm American people deserve better than a measure on the deficit or surplus shall be bill isn’t going to use the updated 2008 having the House play games with its determined on the basis of estimates made by baseline but instead is going to use the own rules and then go home and claim the Committee on the Budget relative to the 2007 baseline, an outdated baseline they have entered a new era of fiscal most recent baseline supplied by the Congres- from over a year ago. Now, I hope that discipline. sional Budget Office.’’ this is not the case. I hope that this You know, some people might find it This does, after all, make perfect sense. If does not happen. But it sounds like odd for me to be down here talking out-of-date and irrelevant numbers can be that’s the direction they are headed. about PAYGO, and I will be the first to used, the rule would be a complete farce, And that is what this motion is all admit that I have been critical of this even to those who support it in principle. In about. rule and don’t think it’s the best way the case of the Farm Bill, the most up-to-date This motion is very simple. All it to proceed with respect to fiscal dis- estimate was released on March 3, 2008. And would do is require that the House will cipline. But let’s put those concerns yet it has been rumored that the Farm Bill’s follow its own rules and use the cur- aside for a minute. Budgetary rules are authors may choose to use the fiscal year rent CBO baseline when determining only as good as the integrity of the 2007 numbers. whether or not the farm bill complies numbers that you use to enforce them. This would be akin to pulling up to the gas with PAYGO. So let’s enforce those rules with up- station and rather than having to pay the cur- Why should we care? Why does this dated CBO estimates. Let’s have a rent 2008 price of $3.62 per gallon, you tell seemingly technical issue make a dif- strong bipartisan vote for this motion the gas station attendant that that price ference? and say that these games have got to doesn’t apply to you, and you get to pay the First of all, economic conditions end. Let’s not manipulate the rules and 2007 price of $2.97. have changed in the past year. Agricul- pick and choose whichever baseline is If Democrats insist on following this path, tural profits are way up. Food prices more convenient. their bill will be in violation of PAYGO. And if are soaring. And it’s simply not accu- With that I urge my colleagues to the Rules Committee chooses to waive rate to use an estimate that’s over a support this motion. PAYGO, I suspect they would have trouble year old. Mr. Speaker, I yield to the gentleman garnering enough support to pass such a rule Second, there’s a strong possibility from California (Mr. DREIER). within their own caucus. While the Democratic that using the old baseline could hide Mr. DREIER. I thank my friend for Leadership has proven they have no qualms billions and billions of dollars in new yielding. about breaking House rules, or circumventing spending. We don’t have all the details Mr. Speaker, I rise in strong support them altogether, a number of their Members yet, and we don’t know exactly how of this motion. are committed to the current incarnation of CBO is going to score it, but based on My friend has outlined very clearly PAYGO. The Democratic Leadership knows what we’ve heard, based on rising food exactly where we are. And I will tell that failure to comply with this rule is a non- prices and other factors, we think it’s you from the perspective of the House starter for a large bloc of their caucus. quite likely that this bill is going to Rules Committee, while we have not So if their solution was to simply cook the appear to cost billions of dollars less been enthusiastic supporters of this books, pretend their bill was PAYGO compli- under the old baseline than it really PAYGO procedure, I will say that while ant, and hope no one noticed, then I’m sorry does under the current one. my friend used the tax analogy, as I to say, we noticed. To all of my colleagues Now, isn’t that convenient? I’m sure listened to the exchange between the who support PAYGO, and to all of my col- that a lot of taxpayers would love to distinguished Republican whip and the leagues who oppose PAYGO but also oppose have this type of choice. I’m sure that majority leader, I couldn’t help but budget gimmickry and backroom deals to when they were filling out their taxes think about the gasoline price issue. It thwart the rules of the House, I urge you to a few weeks ago, a lot of people would be tantamount to one of our con- join me in supporting this motion. Let’s send thought it would surely be nice to have stituents or any of us being able to go the Farm Bill conferees a strong message that the option of paying taxes on either up to a gas pump and say, ‘‘You know a budgetary shell game will not get them their last year’s income or this year’s in- what? I’d like to pay the price of gaso- 218 votes. And let’s send a message to the come. They could just pick the year line as it was 6 months ago as opposed Democratic Leadership that they can’t piously where they made less money and save a to where it is today.’’ This is not the claim to follow the rules, while perpetrating an couple bucks. way this should be done. end-run around them. But the taxpayers don’t have that I urge my colleagues, Democrats and Mr. RYAN of Wisconsin. Mr. Speaker, choice. They are required to play by Republicans alike, to come together in I reserve the balance of my time. the rules. They have got to pay taxes support of this motion. Mr. POMEROY. Mr. Speaker, I rise to on their current income whether they I rise in support of this motion. We don’t ac- oppose the motion to instruct. like it or not. And if the majority fol- tually know what’s in the Farm Bill Conference The SPEAKER pro tempore. The gen- lows the rules, it doesn’t have this Report, because the Conference Report has tleman from North Dakota is recog- choice either. They must use the 2008 yet to be finalized, which is precisely why we nized for 30 minutes.

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00047 Fmt 0687 Sfmt 0634 E:\BR08\H01MY8.001 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7534 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 May 1, 2008 Mr. POMEROY. I thank the Speaker. Mr. SPRATT. I thank the gentleman have to be scored against the FY07 We agree that under normal cir- for yielding. baseline up until the Budget Com- cumstances a farm bill considered at Mr. Speaker, more than a year ago, mittee reported a budget resolution for this time ought to be scored on the in meetings with Chairman PETERSON fiscal year 2009. March, 2008, baseline. But let me em- and the Ag Committee staff, the Budg- The budget resolution was passed on phatically emphasize there has been et Committee made it clear that the March 7. Our committee staff informed nothing normal about the development new farm bill had to stay within the the conferees that the baseline for of this farm bill. CBO baseline for the current farm bill. measuring compliance with PAYGO We’re moving into our 17th month of Policies could be added or altered, but would now be the fiscal year 08 base- intensive work on this farm bill. I’m the aggregate cost could not exceed line. In rendering that advice, we telling you we have encountered every CBO’s current baseline. We based that didn’t resolve or really consider the barrier you can possibly imagine, and position on the so-called ‘‘pay-as-you- pertinent problem. As I said earlier, we are almost done. We have almost go’’ rule. Pay-as-you-go requires that the rules require that the conferees use got this to conference committee and any new legislation, in the form of the March 07 baseline until the Senate to the floor. As the majority leader in- mandatory spending, be fully offset, adopts the conference report on the dicated, we are hopeful it will be on the that it not exceed the current baseline. budget for fiscal year 2009. This makes floor next week. In this instance, with the new farm sense because then you will have some- During the period of time we have bill, which about to come from con- thing done definitively by concurrent been working on this bill, the House ference, it appears that the farm bill budget resolution passed in both passed this farm bill July 27, 2007, and will be complied with the fiscal year Houses. And the purpose of a con- it took nearly 5 months in addition be- 2007 baseline but perhaps not fully ference is to resolve disagreements be- fore the Senate passed its bill, Decem- complied with the fiscal year 2008 base- tween the two Houses. ber 14, 2007. If they would have gotten line. I have not seen the numbers yet. Here, we have such a disagreement, their bill done earlier, we probably CBO produces many baselines, and as I said earlier. Either we use the could have concluded this. This for a time the House PAYGO rule was FY07 baseline or we use the FY08 base- wouldn’t even have come up. We would ambiguous about the proper time for line. We can’t use base because there is have had the farm bill out of here by switching to a newer, updated baseline. a significant difference between the now. The Senate-passed bill, however, Over time the House Budget Com- two. It seems fair and reasonable to me is 1,876 pages long; the House bill, 160 mittee, in consultation with the Par- to use the FY07 baseline since so much pages long. That alone will tell you we liamentarian, came to an agreement to of this conference agreement was writ- had an awful lot of work to reconcile use longstanding scoring principles. ten with the FY07 baseline as the yard- these two bills. The Senate uses a different rule rel- These principles or guidelines allowed stick, and to revert to FY08 would re- ative to determining baseline, a rule the Budget Committee discretion so quire more protracted negotiations and used by the House in the construction that we could choose the appropriate maybe no conference report at all. of the 1996 farm bill as well as the 2002 baseline. This principle evolved over I have to say to you I could argue farm bill. This principle is pretty sim- many years as a rule of practicality. It you this either way. But I believe on ple: If you have done most of the work was founded on the rationale that we balance that this is a good application, on the legislation under the old base- should not change the rules in the mid- a proper allocation of the baseline rule, line, you can conclude the work. It dle of the game or the middle of the and certainly the rule of practicality in would undo everything to suddenly legislative process or, in this case, in this instance. have the new scoring requirement. And the middle of a complex conference. Mr. POMEROY. Reclaiming the if the Senate didn’t go along, you This rule was applied in 1996 to the time—— would have the crazy situation of try- farm bill passed then and again in 2002 Mr. RYAN of Wisconsin. If the gen- ing to do one baseline for the House, to the farm bill which was passed then. tleman is willing to yield back his another baseline for the Senate, trying Once again, the underlying idea is to time, I will just have a 1-minute speak- to meld those in conference committee, avoid changing the rules in the middle er and then I will close—fast. and you will never get this thing done. of a contested process that is complex Mr. POMEROY. I would just like to So the gentleman’s motion to in- and protracted enough already. point out one quick thing. This is what struct has an intellectual basis for it, The House PAYGO rule, the rule PAYGO accomplishes. In 2002, pay-as- but the reality of this farm bill is we which we adopted in January of 2007, you-go budget discipline was allowed to have worked now 17 months building does set a limit to it. It does say that expire. The farm bill, when it was the bill, most of that time under the the latest baseline can and should be passed, added to the baseline $73.5 bil- 2007 farm bill. When we passed the bill used until such time as the Budget lion. I believe the gentleman from Wis- in the House, we had no idea what the Committee reports a budget resolution. consin voted for that farm bill. I did. 2008 baseline would be; so it’s not like The Senate has a different rule. The Now we have an important restora- we were forum shopping or trying to Senate PAYGO rule also sets a limit. It tion of pay-as-you-go discipline, and pick the most lenient number. It was proposes that the last baseline be used under the 2007 baseline we have ac- just the only way we could proceed. until a conference report on the budget counted for every dollar of spending in And if we would at this point in time is adopted. this farm bill. No deficit added, no deepening of the deficit, as figured on do a baseline shift, I’m telling you this b 1500 project, so close to home, gets put back the 2007 baseline, compared to a very, to square one. So there is a significant disagree- very different situation in the 2002 I have asked my friend and colleague ment in the position between the two farm bill. Chairman John SPRATT to join me in rules in the two bodies. As part of the So the gentleman’s motion involves, this discussion because, obviously, resolution of all the differences in the in my view, pointing out that this when it comes to budget matters, he conference, this too has to be resolved. might not technically jibe with the has broad respect across both sides of Much of the farm bill about to come House rule. I believe that we have the aisle and I believe he can advance before us was hammered out in 2007. learned a lesson from the gentleman’s a more detailed discussion on some of The bill passed the House and passed motion. We ought to have our rule like the rules at issue as we respond in op- the Senate and the conferees on all the old rule where the baseline on a position to the motion. sides believed that the final package discretionary call by the Budget Chair Mr. SPRATT. Will the gentleman would emerge certainly no later than can continue to be the baseline under yield? March of this year. The Budget Com- which you drafted the legislation, be- Mr. POMEROY. I yield to the gen- mittee determined and informed the cause otherwise all of this work could tleman from South Carolina. conferees that any farm bill would be lost. We need to get this bill done.

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00048 Fmt 0687 Sfmt 0634 E:\BR08\H01MY8.001 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 7535 And we are this close to getting it Mr. RYAN of Wisconsin. Mr. Speaker, considered under the current farm bill done. on that I demand the yeas and nays. is close to $25 billion of direct pay- So with respect to my friend, Mr. The yeas and nays were ordered. ments to go out over the next 5 years, RYAN, I would urge that we reject the The SPEAKER pro tempore. Pursu- bearing no relationship to price or pro- motion. I will let this statement serve ant to clause 8 of rule XX, further pro- duction. It’s not a safety net. These are as the close. Let the Ag Committee fin- ceedings on this question will be post- entitlement funding, automatic pay- ish its work; let’s pass the farm bill. poned. ments that go to large producers, pri- Let’s reject this motion to instruct. f marily merely due to their existence I yield back. and not because of market. Mr. RYAN of Wisconsin. I yield 1 MOTION TO INSTRUCT CONFEREES But there’s another important fea- minute to the gentleman from Wis- ON H.R. 2419, FOOD AND ENERGY ture of this farm bill and that is the SECURITY ACT OF 2007 consin (Mr. KIND). conservation title. This farm bill offers Mr. KIND. I thank my friend for Mr. KIND. Mr. Speaker, I have a mo- this Nation the greatest public invest- yielding. tion to instruct at the desk. ment in private land ownership in re- He and I and others have tried to in- The SPEAKER pro tempore. The gards to anything else we do around troduce the concept of more reform in Clerk will report the motion. here. For a very long time, we have had this next farm bill. But I didn’t intend The Clerk read as follows: important land and water conservation to speak on this motion; I just want to Mr. Kind moves that the managers on the programs set up on a voluntary and in- point out a little bit of irony in what part of the House at the conference on the centive basis to help our producers be this motion would do. disagreeing votes of the two Houses on the good stewards of the land; good manure It’s my understanding that by using Senate amendment to the bill H.R. 2419 (an management practices so they are not the 2008 numbers, it would result in a Act to provide for the continuation of agri- running off and polluting our rivers lower baseline for the commodity sub- cultural programs through fiscal year 2012) be instructed to— and streams and lakes and tributaries, sidy programs by about $11 billion, (1) insist on the amendment contained in making sure we have got buffer strips which I don’t have a problem with be- section 2401(d) of the House bill (relating to in place, making sure we have got the cause we have introduced a 10-point op- funding for the environmental quality incen- ability to absorb more CO2 from the at- tion plan to find over $10 billion of rea- tive program); mosphere so we don’t lose ground on sonable savings under these commodity (2) insist on the amendments contained in the global warming battle that we are programs already. So it’s consistent section 2104 of the House bill (relating to the confronting. with that. grassland reserve program) and reject the This is something that also benefits But it would also call for an increase amendment contained in section 2401(2) of the American farmer, family farmers the Senate amendment (relating to funding of the baseline under the conservation for the grassland reserve program); in every region. But it also benefits the title of close to $2 billion and under the (3) insist on the amendments contained in community at large through enhanced nutrition title of close to $35 billion be- section 2102 of the House bill (relating to the water quality programs, through habi- cause of increased food costs and eligi- wetland reserve program); and tat protection, and wildlife, which is bility under these nutrition programs. (4) insist on the amendments contained in also vital to our own local and regional If the nutrition groups knew what the section 2608 of the Senate bill (relating to economies. Yet what is being consid- practical effect of this motion to in- crop insurance ineligibility relating to crop ered right now in the conference is a struct would be, they will be doing production on native sod). dramatic reduction in the level of fund- cartwheels all over this town for the Mr. KIND (during the reading). Mr. ing that came out of the House. next week. Speaker, I ask unanimous consent that The House had an historic passage of I just wanted to point out the irony the motion be considered as read. conservation funding last year, calling of today’s baseline versus last year’s The SPEAKER pro tempore. Is there for another over $5 billion in these con- baseline. objection to the request of the gen- servation programs. This, I think, in Mr. RYAN of Wisconsin. I am curi- tleman from Wisconsin? part, is to address the backlog of de- ous, does the gentleman want time There was no objection. mand because today, under current from me or time from them? The SPEAKER pro tempore. Pursu- funding, close to two out of every three Four quick points. The war supple- ant to the rule, the gentleman from farmers applying for conversation mental, been working on it for a year. Wisconsin (Mr. KIND) and a Member op- funding assistance are turned because That is going to be done under the new posed will be recognized for 30 minutes of the inadequacy of funds. So the de- baseline. Number two, CBO can score each. mand is there. this on time. They have already told us The Chair recognizes the gentleman But what makes these programs es- they are going to give us simultaneous from Wisconsin. pecially attractive is their so-called scores under the 2008 baseline. Mr. KIND. I yield myself such time ‘‘green box payments.’’ They are non- Number three, you have had plenty as I may consume. market, nontrade-distorting, still a of time to do this. The CBO baseline Mr. Speaker, this is a very simple way to help our family farmers manage has been out for 2 months. But number motion. I understand we are in the their own land, but in a way that four, and lastly, this isn’t an option, waning, perhaps minutes of conclusion doesn’t distort the marketplace. this isn’t a choice. You don’t have dis- of the farm bill. But, nevertheless, I What’s being considered now is a dra- cretion. It’s the rules. This is your think it’s important that we get the matic reduction in the level of funding PAYGO rules. policies right. We do need a farm bill. that came out of the House originally. So the question is: Are you going to We need it as soon as possible. It’s Our motion to instruct today would violate your rules or not? planting season back home. Our farm- merely ask the conferees to try to get I yield back the balance of my time. ers need some predictability. They back to that House level of funding The SPEAKER pro tempore. Without need to know what rules they are being rather than going even below where the objection, the previous question is or- to be operating under, one way or an- Senate took it. The Senate was pro- dered on the motion to instruct. other. But we need a good farm bill, posing a $4.2 billion increase. We were There was no objection. not a bad farm bill; one that tries to over $5 billion. It’s my understanding, The SPEAKER pro tempore. The get the policy right, not the wrong and I haven’t been privy to the ongoing question is on the motion to instruct way. negotiations, but they are talking offered by the gentleman from Wis- I still believe there’s more room for about just a $4 billion increase under consin (Mr. RYAN). reform under the commodity programs conservation, substantially below The question was taken; and the in light of record high commodity where the House went. Speaker pro tempore announced that prices. It’s tough to justify to the aver- More specifically, this motion would the noes appeared to have it. age taxpayer that what is still being instruct conferees to maintain the

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00049 Fmt 0687 Sfmt 0634 E:\BR08\H01MY8.001 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7536 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 May 1, 2008 House funding for the Environmental friends, and I mean my friends, that we hope that voice of advocacy will rise Quality Incentive Program. That is the wish that we could work the will of the again in defense of these programs, es- main program that helps with manure House and pass legislation here and pecially in light of the pressure that management projects throughout the send it over to the other body and have exists to bring this land back into pro- Nation, especially beneficial to large them rubber stamp it and send it down duction. animal feedlots that have to control to the President and have him sign it, Mr. Speaker, I yield 5 minutes to my that and prevent the spillage into the as we have done our work here. But in friend and colleague from Oregon (Mr. environment. reality, that is not the way we can op- BLUMENAUER). It would also maintain the allotment erate. Mr. BLUMENAUER. I appreciate the for the Grassland Reserve Program. I say to my friend from Wisconsin, gentleman’s courtesy. I appreciate his There is more pressure being put on who served on the Agriculture Com- continued leadership and advocacy in these highly sensitive and highly erod- mittee, and you know this, to my this bill. ible lands because of the increase in friend, we do not have partisan dis- I would remind my good friend from commodity prices. It would also main- agreements on this committee. My Pennsylvania that earlier in this de- tain House funding for the Wetlands friend from Oklahoma will agree with bate, Mr. KIND and I, Mr. RYAN and Mr. Reserve Program. That, of course, is a that. We have regional differences. We FLAKE, we advanced proposals that great filter that exists throughout our have to balance those regional dif- would have provided more than enough communities to enhance quality water ferences and try to figure out a way money to fully fund the conservation, supplies but also crucial to water fowl that those of us on the committee who would have provided more than enough populations in North America. care strongly about the commodity money to deal for the areas of agri- culture that are dramatically under- It would also accept the Senate Sod title are satisfied with the safety net served. Saver Provision so that the Federal but also realize that there has to be a This does a terrific job for the large Government doesn’t incentivize the reform. And those of us who care corporate enterprises, for the richest of conversion of sensitive virgin prairie strongly about the conservation title farmers. Lowering the limits to $900,000 land back into crop production. Again, realize that we need to have increased may in the minds of some be a draco- given the pressure that exists with investment in conservation. You can nian reform. But when we know that these historically high commodity pair that with energy and nutrition, the average farmer makes twice what prices, it’s a real concern that more of everything else, but we are here to talk the average homeowner makes, the av- this virgin prairie land that has been about conservation this afternoon. erage citizen makes, and I was actually vital for conservation efforts, espe- I’d say to my friend, sure, we would campaigning in Pennsylvania for a cially in the Great Plains, are going to like to have more money. My father campaign in the presidential effort be brought back into production with used to always say to me that every- here a couple weeks back, and I was in the consequent adverse environmental body wants to go to heaven but nobody some very rural parts of Pennsylvania and conservation effects that would re- wants to die. We have to put this to- engaged in the discussion there, and I sult. gether and we have to realize what is found that Pennsylvania is much like So that is merely what this motion possible. Oregon. We are short-changed dramati- to instruct would do; get back to what When we debated and discussed this cally in the farm bill. the House passed last year under con- bill in the House of Representatives, we Earlier we had my good friend from servation, give the farmers throughout had $13.6 billion in addition to baseline. North Dakota, a State that produces the country the tools they need to be When we are negotiating in the con- less agricultural value than the State good stewards of the land, and do it in ference committee, we have $10 billion. of Oregon and gets one-sixth the sub- a nonmarket, nontrade-distorting fash- So you can see the difference. So every- sidy. Pennsylvania is a massive farm- ion, especially in the tremendous in- one had to give and take. ing effort. Twenty-seven percent of the crease in commodity prices today and Again, I think when the conferees land area is devoted to farms. But the pressure that producers are under have done their work, we are going to Pennsylvania farmers get one-half of to bring the land that has been con- see significant reform in the com- their share of the subsidy nationally, served for many years back into pro- modity title and you’re going to see re- 62 percent of the applications for con- duction and resulting with a lot more form in the conservation title. The servation are not paid for, and the av- sediment and nutrient runoffs that will chairman asked me to make one thing erage farmer in Pennsylvania, 83 per- be a consequence of that action. perfectly clear in this motion to in- cent make less than $100,000 a year. So With that, I reserve the balance of struct. We have consistently said re- these are small farmers. They are hard my time. form would apply to all titles, and we pressed. They want conservation, and Mr. LUCAS. Mr. Speaker, I rise in op- would spread scarce dollars out to they don’t have the money for the ap- position to the motion. more producers. plication. It is just like in my State. The SPEAKER pro tempore. The gen- The conference agreement will do I would suggest that we look hard, tleman from Oklahoma is recognized that, and we will fully fund conserva- because I agree with my friend from for 30 minutes. tion. We believe we have an obligation Pennsylvania and my friend from Okla- Mr. LUCAS. Mr. Speaker, I would to do that. But we have limited re- homa. This is not necessarily partisan. like to now yield half of that time to sources. So we are going to do the best There are areas that agriculture policy my colleague, Chairman HOLDEN. we can, hopefully tonight and tomor- divides, not necessarily partisan, but The SPEAKER pro tempore. Without row, to have a fully invested, robust sometimes it is urban and rural. Some- objection, the gentleman from Penn- title for conversation. times it is east, west, south, midwest. sylvania (Mr. HOLDEN) will be recog- With that, I reserve the balance of It is more likely the type of agri- nized for 15 minutes. my time. culture that is practiced, because the There was no objection. vast majority of farmers in this coun- b 1515 Mr. HOLDEN. I thank the gentleman try would have been well served by the from Oklahoma for yielding me the Mr. KIND. Mr. Speaker, let me be reforms that we advocated from here, time. clear. I do appreciate the hard work limiting the payments to $250,000, for Mr. Speaker, I say to my friend from that our friends from Pennsylvania and instance, like have been advocated by Wisconsin and my friend from Oregon Oklahoma have done and the strong the Bush administration and by many that we appreciate their support for support they have shown throughout people here. the funding for conservation at the the years under these important con- But we don’t even have to get to that House level. I have got to say honestly, servation programs under the con- point. My friend Mr. KIND’s motion to though, we wish we would have had servation title, and now that we are recommit should bring us together, be- your support last July. I also say to my getting into closure of this farm bill, I cause farmers all across the country, in

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00050 Fmt 0687 Sfmt 0634 E:\BR08\H01MY8.001 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 7537 States large and small, east and west, they believe that they are sincerely to do all of the things that need to be are for environmental protection. This trying to do something positive. done with the few precious resources is the most important environmental But I would say to you, this process you have. bill that the 110th Congress will ad- that we are working through is a com- Now we have worked in the most cre- dress. We should not miss this golden plicated, challenging process. Ulti- ative way to come up with additional opportunity. mately, the final goal of any farm bill revenue, to reallocate resources to It is frustrating to me that the con- is to take the limited resources that we meet that $10 billion mandate from ferees are talking about cutting what have and use them in a way to achieve senior leadership in the majority. And we approved at $5.7 to as low as $4 bil- the maximum benefit for our fellow along the way we have come up with $4 lion. And who knows what it might end Americans, whether that is enhancing billion extra for conservation, half of up? There are lots of missing pieces. the quality of the environment through that money going to EQIP, the basic We need to go on record here strongly the conservation programs, or making cost share program that everyone has supporting maintaining at least a $5 sure that the world’s safest and yet an opportunity to apply for to try and billion level. most affordable food supply continues justify the benefits that will be gen- I will tell you, farmers in my State to be available to everyone. erated from it to have the resources to regularly identify conservation pro- Let’s think for a moment about what meet those needs. grams as their top need. They have to farm bills represent. The first com- My friends, I know my colleagues are comply with all sorts of difficult envi- prehensive Federal farm bill was not well-intended. I sincerely believe that. But a farm bill, first and foremost, ronmental regulations, and we need to passed until 1933 in the depths of the should be about making sure that ensure that they get the payments great economic depression, and, in my every American has access to the they deserve for environmental protec- region of the country, the great safest, highest quality, yes, most af- tion that they provide. droughts of the 1930s. It was an effort fordable food and fiber in the world. It is the farm community, the ranch- to prevent rural America from disinte- Then we can target all of these other grating. It was an effort to make sure ers, that are the source of the cheapest, programs. Then we can meet all these most cost-effective water quality and that food and fiber remained available other needs. water quantity improvement. This to all American consumers at a price Let’s don’t lose sight of why we have money supports programs that protect that they could afford. We have worked farm bills. Let’s not lose sight of who our most sensitive and ecologically im- through many policy concepts. We they help, and that is every American portant lands. It keeps pollution out of have had many different ways of ad- that eats, and a good part of the world the lakes, rivers, streams and wet- dressing those needs since 1933. that depends on us for their food sup- lands. It represents the largest Federal With time, the focus of the farm bill pliers also. investment in private land, and it has shifted. In the 1960s it went from The budget times are tough. The cir- should be an investment that our farm- being a farmer’s farm bill, as the coffee cumstances are difficult. It has been a ers and ranchers can count upon year shop folks back home might think of, long and arduous conference. We have after year. to being a major player in meeting the yet to produce a final report, which we It is not just the clean water. It is nutritional needs of this program. will all then be able to debate and dis- maintaining abundant wildlife popu- President Kennedy’s pilot program on cuss. But don’t direct us in a way that lations. It is storing carbon. Agri- ultimately what became food stamps makes the process more complicated culture is one of the largest sources of adopted by President Johnson and this when it comes to meeting all of those greenhouse gas emissions, the largest Congress in the 1960s became a major needs. Don’t tie our hands in a fashion internationally. With the increased element. But it was an element of the that will lead, I am afraid, to a net re- pressure on lands from biofuel man- farm bill. In the 1980s, the focus added duction in the ultimate benefit of those dates and high food prices, these pro- conservation to that, CRP, EQIP, all of taxpayer dollars, so hard for the tax- grams matter more now than ever be- the things that enable farmers, ranch- payers to come by, that need to be fore. ers and property owners to maximize spent so carefully to maximize their The SPEAKER pro tempore. The the positive environmental impacts on return. time of the gentleman has expired. their property. Let us pursue the agenda of meeting Mr. KIND. I yield the gentleman 1 ad- The farm bill evolved. Where are we our needs. ditional minute. right now? We have a bill that is the Witht that, Mr. Speaker, I reserve Mr. BLUMENAUER. Thank you. result of one of the most challenging what time I might have left. Too often I have watched in the farm set of circumstances in decades. We Mr. KIND. Mr. Speaker, I yield my- legislation that I have seen work were given the baseline last year to self such time as I may consume. Mr. Speaker, I certainly appreciate through here that conservation ends up write a farm bill, and for those of you the comments of my good friend from being the piggy bank for the farm bill. who might not remember what the Oklahoma and the hard work that he This is an area that is shortchanged to baseline is, that is simply saying you has done. But these are two individuals deal with more powerful political in- have the money you had 5 years ago, who serve on the Agriculture Com- terests. and not a penny more. And, oh, by the mittee. In fact, my friend from Penn- Well, if the American public knew way, inflation has chewed a good bit of sylvania is the Chair of the sub- what was at stake, there would be no that up. Go try and write a bill. Then committee in charge of this conserva- more powerful interest than protecting we were told, shift $4 billion of that tion title. My friend from Oklahoma is the environment. Two-thirds of the from wherever in the bill you want, the ranking member of the sub- farmers who apply are turned down. wherever you can, to the food stamp committee in charge of the conserva- This is not right. Increased conserva- program, the social nutrition program, tion title. tion programs help balance out some of the feeding programs. All we are asking them and the con- the inequities in the farm program and Okay. We worked for months. But as ferees from the House to do is to pro- provide benefits to everybody. things have gone along, the process has tect their programs and to protect I urge you to support family farmers, changed. Now, instead of $4 billion, their funding level, that which was the environment and sportsmen, and then it was $6 billion, then it was $8 contained in the House-passed version support a good farm bill by supporting billion. Now I understand we are at of the farm bill last year. That is a Mr. KIND’s motion to instruct. $10.6 billion in new social nutrition simple request, and it received good Mr. LUCAS. Mr. Speaker, I yield my- spending. support in the House when it left last self such time as I may consume. I don’t disagree with that. But when year. Mr. Speaker, I do rise in opposition you are not given any new money to But there is an additional wrinkle to this motion. I think my good and start with, when you are placed under that was just introduced, to my knowl- dear friends are well intended. I think a $10 billion mandate, it makes it hard edge, within the last 24 hours, and that

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00051 Fmt 0687 Sfmt 0634 E:\BR08\H01MY8.001 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7538 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 May 1, 2008 is the consideration to start capping in the stratosphere for most individ- all people throughout the country, in- payments under the conservation title. uals in this country. We are talking ad- stead of the concentrated payments I think that would result in bad policy. justed gross now, not just gross in- that we see under the current title I I think it is going to result in a lot of come. This is after you back out your commodity program. unintended consequences, because expenses and all the costs of operating With that, I reserve the balance of these conservation practices aren’t that farm. That is close to $1 million of my time. marketable, unlike the subsidies going profit we are talking about that an in- For my colleagues’ information, I to commodity crop producers, where dividual would receive, and still re- have no further speakers. I believe I they grow something and they can sell ceive these commodity subsidy pay- have the right to close. I am prepared it in the marketplace. ments under what is being proposed in to do that if they are ready to close, To get a farmer to have a good ma- the conference. too. nure management system in place or to So I think there is plenty of savings The SPEAKER pro tempore. The gen- have buffer strips and that, they can’t that can still be had without cutting tleman is correct. take that outside then and sell it to the legs off of our producers while Mr. HOLDEN. Mr. Speaker, I yield the private marketplace. So these in- maintaining an important safety net in myself such time as I may consume. centives are important to partner with case things do turn bad in farm coun- My friend from Oregon has left the the individual landowner to get them try. And Lord knows we have seen that Chamber, but I appreciate him looking to do the right thing on their own land. cycle come and go in the past. But let’s out after the farmers in Pennsylvania. And they want to do the right thing on do it in a more fiscally responsible But I would just like to remind him their own land. manner and maximize the scarce re- that Pennsylvania leads the country in That is why two out of every three of sources that we have for the benefit of farmland preservation, and we have them are being denied funding right the community at large, and that in- doubled the investment for farmland now, because of the inadequacy of cludes funding under the conservation preservation in this conference report funds. The demand is exceeding the title. as we are working it through. supply. We are saying let’s try to catch A few groups have already weighed in I also would like to remind my friend up to that demand right now, which on this motion to instruct and have ex- that not only have we preserved the brings huge societal benefits at the pressed their support, from the Envi- dairy safety net, and dairy being the same time, to enhance quality water ronmental Defense Fund, National number one agriculture industry in supply throughout our country. And I Wildlife Federation, the World Wildlife Pennsylvania, that is very important; still believe that is going to be one of Fund, Defenders of Wildlife, Environ- we have a new program that we are the major challenges we face, not only mental Working Group, American Riv- working on in the conference to have a in this country, but throughout the ers, those who have been actively en- feed cost adjustment as the cost of feed world in this century. How are we gaged in participating and trying to goes up, and that will be a great ben- going to maintain a quality water sup- shape this next farm bill. We still have efit to the farmers in Pennsylvania and ply? And if we can’t partner to the an opportunity because the conference in Wisconsin for that as the cost of feed level they expect in farm country, it is has not closed, no report has been filed goes up. going to make that challenge all the yet. There is going to be some last- Also, we have for specialty crops, the more difficult. minute negotiations. But ultimately, first time, a $1.3 billion investment So I would hope the conferees in at the end of the day, if my colleagues that will help farmers all across the their discussion and last minute delib- are serious about having a farm bill country, but they will help them in erations of where they are going to find concluded and implemented into law, Pennsylvania as well. So I appreciate a nickel or dime in order to pay for the President has to be comfortable in my friend trying to help me out. things don’t go down that road of try- doing it, and clearly he is not there And I would just say to my friend ing to cap these conservation pay- yet, the administration is not there. from Wisconsin again, and repeating ments, like many of us have been pro- And they are pressing the conference ourselves, that we are restrained. We posing under the commodity title. to do more in reforming these com- were working with $13.6 billion; we now modity programs. are working with $10 billion. The com- b 1530 We can choose to ignore that, but at modity title has been cut by tens of I think we can pay for what we are the end of the day the President has billions of dollars from the last farm requesting in this motion through got to sign something into law, or we bill. There is significant reform that some more commonsense reasonable have to try to override a veto, which I we are going to accomplish. And the reforms under the title I commodity think is going to be very, very dif- gentleman knows, because he served on program, starting at another look at ficult. So I think there is still a way of the committee, that we have regional these so-called direct payments. They working with the administration, try- differences, and it is difficult to get are slated to go for another $25 billion ing to produce a product that they feel consensus because of the geographical over the next 5 years alone. In fact, un- comfortable with, that the President makeup of the committee. fortunately Mr. FLAKE’s motion to in- feels comfortable with. And one of the So we are going to get there and we struct failed a little bit earlier, but all ways to do it is more reform under are going to fund conservation, but I he was asking is, let’s just keeping commodity, and have a strong con- would like to make one last point to those direct payments at the current servation title at the end of the day. the gentleman’s comments about cap- funding level, a maximum of $40,000 in- The President has consistently ex- ping on conservation programs. We stead of increasing it at a time of high pressed his support for a strong con- have noticed and discovered recently commodity prices. Not an unreasonable servation title. I don’t think they that there have been significant abuses request. would object to the requests that we in the conservation title, where But what is being considered now are making here in this motion to in- wealthy people have purchased farms going from $40,000 up to $50,000 for struct. with no intention of farming and have these direct payments and having dual And let’s remind ourselves, this is become eligible to the tune of millions entities on the same farm to qualify for another way of providing help and as- of dollars for conservation programs. it. sistance to those who are working the That was not the intent, I don’t be- I also believe it is reasonable to take land in our country. This isn’t separate lieve, in any farm bill I ever voted for another look, as the President and the from the help in other areas that we or the gentleman from Wisconsin voted administration is asking, for us to have try to provide to family farmers; it is for or the gentleman from Oklahoma. a stricter means test under the com- in addition to it, it is a supplement. We never intended that. So the way to modity programs. Let’s face it, a And it is something that benefits every get around that is to have caps on that. $950,000 adjusted gross income cutoff is farmer in every region, and including And not only will you stop the abuses

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00052 Fmt 0687 Sfmt 0634 E:\BR08\H01MY8.001 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 7539 if you put caps on it from millionaires I yield back the balance of my time. won’t be much incentive for you to en- taking advantage of it, you will have Mr. KIND. Mr. Speaker, I yield my- gage in these type of programs, which more dollars to spread around to more self such time as I might consume. just doesn’t benefit the landowner but people who are on those waiting lists Just to wrap up my remarks, let me the community and the watershed area right now. just reiterate. I truly do appreciate the and the wildlife at large. So we need to My friend, we all wish we could do hard work my colleagues here today on be careful what road we are going to go more. The gentleman from Oklahoma the Agriculture Committee have been down. chaired the subcommittee when we doing to try to craft a farm bill that And, hopefully, this isn’t just a re- began having hearings on it. With the can get accomplished yet this year. It sponse to some of us who have been last election, I became the chairman is one of the most difficult things that asking for meaningful payment limita- and he is now the ranking member. We Members are asked to do in any Con- tions and means testing under the com- are working very closely together. But gress, is to piece together the parochial modity program just to get back at we have limited resources. We are and the different interests that span those who have been very supportive of going to do the best we can, but we this great country to find an accept- conservation funding. need a bill that we can get out of com- able farm bill that can get signed into I think there are reasonable means mittee, get passed on this floor, passed law. But we still have a little ways to tests we can apply to the commodity in the Senate, and sent down to the go. title. The fact that LDP and counter- President. And we are working very And I say to my friend from Pennsyl- cyclical payments aren’t going up hard on that. I believe we are going to vania, as far as the feed factor with today I think is a good thing. That get a product that will get the major- dairy production, there is no question means farm income is up and com- ity of support significantly in this that fixed costs are going up right now modity prices are up. body. in agricultural production driven by a Back home in Wisconsin, in the agri- I yield back the balance of my time. variety of factors, not the least of culture district that I represent, farm- Mr. LUCAS. Mr. Speaker, might I in- which is the energy debacle that we ers for years have come up to me and quire how much time, if any, I have find ourselves in right now. said: You know, I’m not a big fan of left. But I think once we start going down these subsidy programs, but I just wish The SPEAKER pro tempore. The gen- to that feed route, we are going to get the market would give us a decent tleman from Oklahoma has 91⁄2 minutes a lot of other groups now chiming in price so we wouldn’t have to rely on remaining. saying: What about us? What about us? Mr. LUCAS. Mr. Speaker, I yield my- them. Well, that day has come. Now How come dairy is being taken care of? self such time as I might consume. today I have got producers in corn and I would simply note, one of the chal- What about poultry? What about beef? soybean coming up to me and saying: lenges of any farm bill, certainly every What about the others that are experi- RON, why are we still receiving these farm bill since the 1960s, has been the encing the same type of cost increases? direct subsidy payments when we are payment limitation issue. Every farm And then you are really talking about getting such a good price in the mar- bill we tighten the definition, every blowing the lid off of some of these ketplace? And they are right. Farmers farm bill we attempt to reflect the will other programs. know how these programs are working. of this body. We will do that again this But all that I and others who are in I think we can be a little bolder and time. support of this motion to instruct are more courageous in the reforms that The question about payment limita- asking is for the members of the com- some of us have been advocating, find tions on the conservation programs, mittee to defend their work, defend the those savings, so we can deal with con- that is an inevitable outcome, simply programs that passed the House last servation, nutrition, world develop- the fact that there will never, ever be year, defend the funding level that ment, speciality crops, and having a enough money to do everything we all came out of the House last year be- good energy title to this farm bill, too. want to do. And in a year and a bill cause of the vital importance that This can happen, and it can happen in when we put 10 billion additional dol- these programs have, not only to the a way that the President feels com- lars in the nutritional program, no individual land producers, but to the fortable in signing. And that will truly doubt justified, but that was a decision resources that are so precious to all of be a good bipartisan day then in the made on high, that makes funding for us in this country. United States Congress. I encourage all these other programs even more Now we see disturbing trends; be- my friends to support this motion to challenging. $4 billion in additional cause of the high commodity prices, instruct the conferees. conservation spending is an impressive great pressure to bring more highly Mr. REICHERT. Mr. Speaker, I rise today in accomplishment in the circumstances erodible sensitive land back into pro- support of the Kind motion to instruct con- we work, but those payment limita- duction. And there will be adverse con- ferees and the need for increased conserva- tions are a necessary thing, just as in sequences from that, unless we can tion funding in the farm bill. conservation as in every other part of maintain a viable incentive based sys- Our farmers are eager to share in the cost the bill to make sure that everyone has tem with these conservation programs of protecting our environment, but currently a fair and equitable chance at those re- to deal with that additional pressure two out of three farmers are turned away by sources. that producers are facing throughout the USDA due to insufficient funding when When you apply for an EQIP pro- the Nation. they apply to participate in conservation pro- gram, you have to demonstrate the I think there is a better way of deal- grams. As a result, we continue to lose thou- benefits of that program. And the more ing with the abuses that my friend sands of acres of valuable farmland, grass- beneficial your efforts are, the greater from Pennsylvania highlighted under lands, wetlands, and private forest lands. We your chances are, the farther up the the conservation program. Certainly also fall further behind schedule in our efforts list you are to be funded. It is a com- we can do more oversight and get more to clean up rivers, lakes and streams. petitive kind of a process. And that is information with regards to whether We cannot and should not ask farmers to good. But those payment limitations individuals are milking the system. No choose between their bottom line and smart, will make sure that more people have one is in support of that. We want to sensible preservation of the land they protect. an opportunity to step into the process clamp down on it. But let’s work with The House-passed version of the farm bill to utilize those funds. We are dealing USDA and NRCS and those agencies in contained a landmark increase of $5.7 billion with the money that has been given to charge of implementing it, rather than in authorized conservation funding. This us. We are working under the cir- calling for a blanket payment limita- money supports programs that protect our cumstances that have been laid out, tion cap with crucial conservation most sensitive and ecologically important and we are doing the best we can. funding. Because, again, I am afraid lands, keeps soil and nutrient pollution out of I urge my colleagues to reject the that without these incentives in place, our rivers, lakes and streams, and safeguards motion to instruct. I don’t care how wealthy you are, there wetlands.

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00053 Fmt 0687 Sfmt 9920 E:\BR08\H01MY8.001 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7540 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 May 1, 2008 Since the conference committee is weighing 1701 et seq.) (IEEPA), I hereby report The order leaves in place the existing various priorities as they try to bring the farm that I have issued an Executive Order prohibitions on new investment, the bill process to a close, it is important they (the ‘‘order’’) that takes additional exportation or reexportation to Burma know that Members of this House feel that steps with respect to the national of financial services, and the importa- conservation should be at the top of the pri- emergency declared in Executive Order tion of any article that is a product of ority list and that we maintain what the House 13047 of May 20, 1997, and expanded in Burma, which were put into effect in has already passed. Executive Order 13448 of October 18, Executive Order 13047 and Executive I strongly encourage my colleagues to sup- 2007. Order 13310. port this motion and to support the inclusion of In 1997, the United States put in The order authorizes the Secretary of the necessary conservation funding in this place a prohibition on new investment the Treasury, after consultation with farm bill. in Burma in response to the Govern- the Secretary of State, to take such ac- Mr. KIND. I yield back the balance of ment of Burma’s large scale repression tions, including the promulgation of my time. of the democratic opposition in that rules and regulations, and to employ The SPEAKER pro tempore. Without country. On July 28, 2003, those sanc- all powers granted to the President by objection, the previous question is or- tions were expanded by steps taken in IEEPA and section 4 of the Burmese dered on the motion to instruct. Executive Order 13310, which contained Freedom and Democracy Act of 2003 as There was no objection. prohibitions implementing sections 3 may be necessary to carry out the pur- and 4 of the Burmese Freedom and De- The SPEAKER pro tempore. The poses of the order. mocracy Act of 2003 (Public Law 108–61) question is on the motion to instruct I am enclosing a copy of the Execu- (the ‘‘Act’’) and supplemented that Act offered by the gentleman from Wis- tive Order I have issued. with additional restrictions. On Octo- consin (Mr. KIND). GEORGE W. BUSH. ber 18, 2007, I determined that the Gov- THE WHITE HOUSE, April 30, 2008. The question was taken; and the ernment of Burma’s continued repres- Speaker pro tempore announced that sion of the democratic opposition in f the noes appeared to have it. Burma, manifested at the time in the b 1545 Mr. KIND. Mr. Speaker, on that I de- violent response to peaceful dem- mand the yeas and nays. onstrations, the commission of human SPECIAL ORDERS The yeas and nays were ordered. rights abuses related to political re- The SPEAKER pro tempore. Under The SPEAKER pro tempore. Pursu- pression, and engagement in public cor- the Speaker’s announced policy of Jan- ant to clause 8 of rule XX, further pro- ruption, including by diverting or mis- uary 18, 2007, and under a previous ceedings on this question will be post- using Burmese public assets or by mis- order of the House, the following Mem- poned. using public authority, warranted an bers will be recognized for 5 minutes f expansion of the then-existing sanc- each. tions. Executive Order 13448, issued on APPOINTMENT OF HON. STENY that date, incorporated existing des- f HOYER AND HON. CHRIS VAN ignation criteria set forth in Executive U.S. MILITARY READINESS HANGS HOLLEN TO ACT AS SPEAKER Order 13310, blocked the property and BY A THREAD PRO TEMPORE TO SIGN EN- interests in property of persons listed The SPEAKER pro tempore. Under a ROLLED BILLS AND JOINT RESO- in the Annex to that Executive Order, previous order of the House, the gen- LUTIONS THROUGH MAY 5, 2008 and provided additional criteria for tleman from Missouri (Mr. SKELTON) is The SPEAKER pro tempore (Mr. designations of certain other persons. recognized for 5 minutes. CUELLAR) laid before the House the fol- The order supplements the existing Mr. SKELTON. Mr. Speaker, in mat- lowing communication from the designation criteria set forth in Execu- ters of national security, experienced Speaker: tive Order 13310, as incorporated in and expanded by Executive Order 13448. The leaders never forget that the unex- WASHINGTON, DC, pected is always just around the corner May 1, 2008. order blocks the property and interests I hereby appoint the Honorable STENY H. in property in the United States of per- and that danger is never far away. The HOYER and the Honorable CHRIS VAN HOLLEN sons listed in the Annex to the order Roman orator Cicero immortalized to act as Speaker pro tempore to sign en- and provides additional criteria for these ideas in his story about the rolled bills and joint resolutions through designations of persons determined by Sword of Damocles. May 5, 2008. the Secretary of the Treasury, after Damocles, a citizen of the ancient NANCY PELOSI, consultation with the Secretary of Greek city of Syracuse, wanted to be Speaker of the House of Representatives. king for a day. The king agreed to this The SPEAKER pro tempore. Without State, to be owned or controlled by, di- rectly or indirectly, the Government of request, and Damocles feasted and rev- objection, the appointment is ap- eled with wine and fine meals. Only proved. Burma or an official or officials of the Government of Burma; to have materi- after his merrymaking did Damocles There was no objection. ally assisted, sponsored, or provided fi- discover that a razor-sharp sword, sus- f nancial, material, logistical, or tech- pended by a single thread, hung over BLOCKING PROPERTY AND PRO- nical support for, or goods or services his head all day. Damocles was imme- HIBITING CERTAIN TRANS- in support of, the Government of diately cured of his desire to rule. ACTIONS RELATED TO BURMA— Burma, the State Peace and Develop- When I consider the challenges con- MESSAGE FROM THE PRESIDENT ment Council of Burma, the Union Sol- fronting the U.S. national security OF THE UNITED STATES (H. DOC. idarity and Development Association today, I see not one but two swords of NO. 110–107) of Burma, any successor entity to any Damocles dangling above us. The first of the foregoing, any senior official of danger concerns the strain current op- The SPEAKER pro tempore laid be- any of the foregoing, or any person erations place on U.S. military readi- fore the House the following message whose property and interests in prop- ness, and the second concerns the dete- from the President of the United erty are blocked pursuant to Executive rioration of security and stability in States; which was read and, together Order 13310, Executive Order 13448, or Afghanistan. with the accompanying papers, without the order; or to be owned or controlled Military readiness ratings measure objection, referred to the Committee by, or to have acted or purported to act how prepared U.S. forces are to per- on Foreign Affairs and ordered to be for or on behalf of, directly or indi- form their assigned combat missions. printed: rectly, any person whose property and Unfortunately, but not surprisingly, To the Congress of the United States: interests in property are blocked pur- more than 6 years of war have resulted Pursuant to the International Emer- suant to Executive Order 13310, Execu- in serious readiness shortfalls, with our gency Economic Powers Act (50 U.S.C. tive Order 13448, or the order. Army and Marine Corps ground forces

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00054 Fmt 0687 Sfmt 0634 E:\BR08\H01MY8.001 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 7541 experiencing the most acute problems. So how do we deal with these twin Speaker. So here’s what should have In spite of efforts to fill the gaps in challenges? To start, we must focus our been said. He should have said: ‘‘My equipment, training and personnel, Nation’s strategic priorities to find the fellow Americans, our soldiers have readiness deficiencies serious enough right balance between the near-term performed with great skill and courage. to cause alarm last year have only con- needs and the long-term health of our But, frankly, the administration tinued to expand. military. We must address the imbal- doesn’t have a clue what to do next.’’ Today, two-thirds of the Army’s com- ance in our deployment and use of It didn’t have a plan for the occupa- bat brigades in the United States are troops overseas, because our readiness tion. It didn’t have an exit strategy. not ready for duty. Units in the U.S. problems cannot be resolved as long as And the people who actually under- are suffering from shortages of per- we continue to deploy in excess of stand the history and culture of Iraq sonnel, and units are preparing for de- 100,000 troops in Iraq. A responsible re- were warning us that there were going ployment without having all of their deployment of a large percentage of to be insurgencies and civil war. He assigned personnel or equipment dur- that force is a strategic necessity. should have said: ‘‘Major combat oper- ing training. To fill shortfalls in Army In addition, we must do first things ations have not ended—they have just personnel, the Navy and Air Force are first by focusing on Afghanistan, just begun.’’ supplying over 20,000 troops to conduct as in World War II we focused more of Today I joined with my Out-of-Iraq ground force tasks such as convoy se- our resources on Germany and the war Caucus colleagues, MAXINE WATERS and curity and logistics support. in Europe until that war was won. Fi- BARBARA LEE, to send a Dear Colleague While U.S. military forces are get- nally, we must substantially increase Letter that describes the terrible ting by, painfully, and performing to- the use of our soft power, our diplo- human cost of the bungling in Iraq. It day’s missions despite readiness short- matic, economic development, and shows that over 96 percent of all Amer- falls, we are simply not prepared for strategic communications efforts in ican deaths in Iraq and over 98 percent the emergence of a new conflict. Expe- Afghanistan and around the world. of all casualties have taken place since rience tells me that we cannot assume We can and should receive much more help the ‘‘Mission Accomplished’’ speech. another crisis won’t come our way. In from our allies. Together, the U.S. and the But you don’t have to look, Mr. my 31 years in Congress, the U.S. has international community must make the war in Speaker, at the cumulative devastation been involved in 12 significant military Afghanistan a top priority and provide the of the past 5 years to know that the oc- conflicts, none of which were predicted leadership, strategy, and resources necessary cupation is a disaster. Just look at beforehand. Because we can’t know to ensure that Al Qaeda and the Taliban are what happened in April, April of 2008, with complete certainty what dangers destroyed for good and that Afghanistan never last month: Fifty American soldiers lurk around the corner or when they again becomes a safe harbor for terrorists. died, the highest number in 7 months. might strike, we need the insurance To his great credit, Secretary of Defense Thousands of innocent civilians were policy military readiness provides for Gates has been arguing for several of these killed or injured in the bloody battle at America’s security. solutions. The truth is, though, that the U.S. Sadr City which continues to rage. The Our current readiness situation de- has as much or more to lose in Afghanistan Pentagon was forced to extend the mands a massive investment in time, as any other nation, and the same would be ‘‘stop-loss’’ policy because our military effort and money to restore our full ca- true of whatever new conflicts emerge. Until is stretched to its limits. pability. Of course, devoting the re- our country is prepared to lead and act deci- And as the administration acknowl- sources required to solve our readiness sively, these problems will fester, and the edged that al Qaeda is growing strong- problems will force us to make painful threads holding up those twin swords will er in its safe havens in Pakistan, the tradeoffs with some elements of mod- stretch ever thinner. drumbeat for war against Iran grew ernization, which is tomorrow’s readi- f louder. ness. But with current readiness levels, Here at home, the occupation con- this is a predicament our Nation can- TRAGIC ANNIVERSARY OF tinues to be a factor in driving gas not avoid. It is simply a cost we must ‘‘MISSION ACCOMPLISHED’’ prices higher. The Iraq recession con- bear. The SPEAKER pro tempore. Under a tinues in full swing. And every week, The second danger I worry about is previous order of the House, the gentle- billions of dollars continue to be spent the deterioration of security and sta- woman from California (Ms. WOOLSEY) on military operations in Iraq that are bility in Afghanistan. For too long, the is recognized for 5 minutes. desperately needed for domestic pro- war in Iraq has overshadowed the real Ms. WOOLSEY. Mr. Speaker, today grams right here. war against terrorism in Afghanistan. marks a tragic anniversary. Five years Sheer incompetence has surely been While the military effort there is actu- ago President Bush delivered his infa- one reason for this. But the most im- ally a qualified success, the political mous ‘‘Mission Accomplished’’ speech portant reason for our failure in Iraq is effort at this point is not, and the ben- aboard the USS Abraham Lincoln. the fatally flawed national security efits of economic progress are far too Across this country, Americans are policy. It has been a policy marked by uneven. Too many Afghan citizens do holding rallies and vigils to mark this arrogance, by the belief that America not yet see tangible improvements in occasion. And members of the Inter- can go it alone and has the right to their daily lives. The effort in Afghani- national Longshoremen and Warehouse strike anywhere and anytime it pleas- stan is not really reconstruction, but Unions are giving up a day’s pay and es. And by the idea that military power the creation of a stable, secure, and they are marching in the streets to alone can assure our security. unified nation which has never existed. show their opposition to the failed poli- I hope we will use this ‘‘Mission Ac- The recent decision to send an addi- cies of the Bush administration and of complished’’ anniversary date in a tional 3,200 marines to Afghanistan is a the cost of those policies. positive way so we can learn the les- necessary and positive step in the right We all remember that the President sons of the past 5 years and dedicate direction, but that alone will not be put on a green flight suit and white ourselves to a new foreign policy that sufficient. This undertaking is gar- helmet and arrived in the copilot seat will serve us much better. This new gantuan and requires a far more sig- of a Navy Viking jet. Then he stood at policy must be based on diplomacy; nificant effort than the United States a podium beneath a big ‘‘Mission Ac- international cooperation; the rule of or our allies have been willing to com- complished’’ banner and he spoke. law; rejection of the doctrine of pre- mit. History will judge us very harshly He said the search for weapons of emption and the use of torture; and, a if our focus and effort in Afghanistan is mass destruction had already begun, commitment to helping other nations insufficient to the task. A failure of and he declared that ‘‘major combat of the world to build a better life for the mission there would not only dam- operations in Iraq have ended.’’ their citizens. age our security, it would also seri- Obviously, the American people Finally, Mr. Speaker, on this ‘‘Mis- ously damage NATO. didn’t get the real facts that day, Mr. sion Accomplished’’ day, we must ask

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Those are the values that have that perhaps someone new who heard this we’re on the same page, after all these been ignored and predictably resulted Sunset Memorial tonight will finally embrace years. in disastrous results. the truth that abortion really does kill little ba- The real question we face is, how do f bies; that it hurts mothers in ways that we can we go about covering the uninsured? never express; and that 12,883 days spent And how do we ensure that every b 1600 killing nearly 50 million unborn children in American has access to quality med- SUNSET MEMORIAL America is enough; and that the America that ical care when they need it? The SPEAKER pro tempore. Under a rejected human slavery and marched into Eu- I strongly believe in a single-payer previous order of the House, the gen- rope to arrest the Nazi Holocaust is still coura- national health insurance, an approach tleman from Arizona (Mr. FRANKS) is geous and compassionate enough to find a that has been too often marginalized in recognized for 5 minutes. better way for mothers and their unborn ba- debates on this issue, even though it Mr. FRANKS of Arizona. Mr. Speaker, I bies than abortion on demand. has been successfully employed in al- stand once again before this House with yet So tonight, Mr. Speaker, may we each re- most every industrial nation except another Sunset Memorial. mind ourselves that our own days in this sun- our own. It is May 1, 2008, in the land of the free and shine of life are also numbered and that all too Mr. Speaker, it’s time for Congress to the home of the brave, and before the sun set soon each one of us will walk from these consider single-payer, not only as a today in America, almost 4,000 more defense- Chambers for the very last time. viable option to cover the uninsured, less unborn children were killed by abortion on And if it should be that this Congress is al- but as the preferred solution to fix our demand. That’s just today, Mr. Speaker. lowed to convene on yet another day to come, broken health care system. And make That’s more than the number of innocent lives may that be the day when we finally hear the no mistake about it, it is in very bad lost on September 11 in this country, only it cries of innocent unborn children. May that be shape. happens every day. the day when we find the humanity, the cour- According to a January 2007 article It has now been exactly 12,883 days since age, and the will to embrace together our in the Journal of Health Affairs, the tragedy called Roe v. Wade was first human and our constitutional duty to protect France, Japan and Australia rated handed down. Since then, the very foundation these, the least of our tiny, little American best, and the United States worst in of this Nation has been stained by the blood brothers and sisters from this murderous new rankings focusing on preventable of almost 50 million of its own children. Some scourge upon our Nation called abortion on deaths due to treatable conditions, in of them, Mr. Speaker, died and screamed as demand. 19 leading industrialized nations. they did so, but because it was amniotic fluid It is May 1, 2008, 12,883 days since Roe The article revealed that if the passing over the vocal cords instead of air, no versus Wade first stained the foundation of United States health care system per- one could hear them. this Nation with the blood of its own children, formed as well as those top three coun- And all of them had at least four things in this in the land of the free and the home of the tries, there’d be 101,000 fewer deaths in common. First, they were each just little ba- brave. the United States each year. bies who had done nothing wrong to anyone, f Equally disturbing, the Institute of and each one of them died a nameless and Medicine reports that 20,000 Americans OUR WORSENING HEALTH CARE lonely death. And each one of their mothers, die each year as a direct result of hav- CRISIS whether she realizes it or not, will never be ing no health insurance. How can we, quite the same. And all the gifts that these The SPEAKER pro tempore. Under in the Congress, who receive fairly de- children might have brought to humanity are the Speaker’s announced policy of Jan- cent health care, tell 47 million unin- now lost forever. Yet even in the glare of such uary 18, 2007, the gentleman from sured Americans that they cannot have tragedy, this generation still clings to a blind, Michigan (Mr. CONYERS) is recognized access to health care? invincible ignorance while history repeats itself for 60 minutes as the designee of the With the knowledge that 20,000 Amer- and our own silent genocide mercilessly anni- majority leader. icans die each year without health in- hilates the most helpless of all victims, those Mr. CONYERS. Mr. Speaker, we are surance, how can we, in Congress, who yet unborn. in the midst of the ‘‘Cover the Unin- do have health insurance, not place Mr. Speaker, perhaps it’s time for those of sured Week,’’ and I rise to remind the universal health care as a front burner us in this Chamber to remind ourselves of why Chamber of the worsening health care issue in this chamber? we are really all here. Thomas Jefferson said, crisis that we face as a Nation, and This is a moral challenge that we all ‘‘The care of human life and its happiness and propose a solution to one of the biggest must pick up. And incrementalism will not its destruction is the chief and only object challenges of the 21st Century facing not work. Expanding a broken system of good government.’’ The phrase in the 14th us. or fixing parts of it will not work. We amendment capsulizes our entire Constitution, Lack of health insurance often denies must approach the health care solution it says, ‘‘No State shall deprive any person of necessary medical care. Forty seven the same way a physician approaches life, liberty or property without due process of million Americans are uninsured. This the treatment of disease. Doctors do law.’’ Mr. Speaker, protecting the lives of our problem is not limited to the poor or not employ treatments only because innocent citizens and their constitutional rights the unemployed. Researchers have esti- they are easy or feasible. They choose is why we are all here. mated that about four-fifths of the un- evidence-based solutions based upon The bedrock foundation of this Republic is insured are either employed or mem- peer-reviewed research in order to em- the clarion declaration of the self-evident truth bers of a family with an employed ploy the most state-of-the-art care that all human beings are created equal and adult. available. And so I propose we take the endowed by their Creator with the unalienable As well, there are an additional 50 same approach to crafting a universal rights of life, liberty and the pursuit of happi- million Americans who are under- health care plan. ness. Every conflict and battle our Nation has insured; that is, they have coverage So today, I ask the following ques- ever faced can be traced to our commitment that would not protect them from cata- tion: What further disaster must befall to this core, self-evident truth. strophic medical expenses. Simply put, us before we face the crisis of the unin- It has made us the beacon of hope for the an increasing number of Americans sured and the underinsured? entire world. Mr. Speaker, it is who we are. lack adequate health insurance be- How many more people must die due And yet today another day has passed, and cause they and their employers simply to the inability to receive care in the we in this body have failed again to honor that cannot afford it. world’s healthiest Nation before we, in

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Congress, take action and create a I love my sister, Victoria, or as my work with Mr. CONYERS on this impor- truly universal health care system? daughter calls her, Aunt Gickie, be- tant bill. Years ago, when we were hav- For those who believe that we are cause she can’t say Vickie. ing those meetings where the legisla- not ready to have a universal health Please, just keep her in your prayers tion was being crafted, we both knew care system, and must delay the forma- and thoughts. Thanks for letting me what an important moment it would be tion of a comprehensive, national vent. I love her too much to see this for the people of the United States to health insurance program, I ask you to happen to her. be able to have a health care system consider the following evidence that Mr. Speaker, we do not have a health they could call their own. So I want to demonstrates why we can ill afford de- care system in this country. What ex- take this opportunity, as I begin my laying action on a universal health ists is a fragmented, nonsystem of remarks, to salute the work of you, care system. health care. It’s a wasteful and ineffi- Chairman CONYERS, and all that you Health care horror stories are cases cient patchwork of different plans and have done and your dedication in work- in which the result is so tragic that it schemes that allow too many people to ing to make sure that the American shocks the conscience. We hear about fall between the cracks. people have a national health care sys- them almost every day, in the news- The complexity of this nonsystem is tem, a not-for-profit system. That’s papers, magazines, the Internet, tele- what makes it unsustainable. Private been your dedication. It has been an vision, radio, personal encounters with health insurers are in the business to honor to work alongside of you in this our friends and neighbors. make a profit. Make no mistake about endeavor. In the movie ‘‘Sicko’’ we, as a Na- it. In fact, the real problem is that in- As we speak today about covering tion, saw firsthand how even those surance companies are not as much in the uninsured, we speak to the Amer- with health insurance suffer under the the business to provide care as they are ican people who are worried about current, for profit, employer-based pri- in the business to deny care. They keep whether loved ones are going to be able vate health insurance system. profits up by avoiding high risk pa- to get the care that they need. There is In my office, I receive scores of tients, limiting the coverage of those nothing that is more troubling to a they do insure, and passing costs back health care horror stories each month, family than to have a family member to patients through copayments and and have binders in my office of health who is ill and yet cannot get the med- deductibles. care tragedies that we have collected ical care that would be necessary to They deny coverage based on pre-ex- over the last 8 years. In fact, when Mi- bring them back to health. There are 50 isting conditions, including such costly chael Moore was doing research for million Americans who are uninsured. diseases as athletes foot and yeast in- ‘‘Sicko’’ he received 25,000 health care This means that when they see others fections. horror stories himself, after he made They employ an army of adjusters able to get the care they need, they an appeal for those horror stories on who go through mountains of paper- recognize in their own families that his website. work, all mostly working to figure out they cannot sustain the health of loved I’d like to read a health care horror a way to deny a claim. We have the ones or themselves. story sent to us by Adrienne Campbell story of insurance company whistle- Why is it that people are uninsured? from Michigan, a story, that, unfortu- blower, Dr. Linda Pino, who tells us Well, there are many reasons, but the nately, millions of Americans who are she was paid a bonus on how many principal reason is they simply cannot underinsured or uninsured can relate claims that she could deny, and threat- afford health insurance. to. Here’s her story. You know and I know, Mr. Chairman, ened with demotion if she authorized My sister, who is 22 years old right that there are so many families that payment on more claims than her now, was diagnosed with cervical can- are called upon to spend $1,000 or more peers. cer, the same cancer I had at the same These practices are harmful. They’re a month for health insurance. The age. She graduated from college back expensive. All those adjusters and pa- price of gasoline going up to more than in December, so she is off my dad’s in- perwork cost a lot of money. Add to $4 a gallon, the cost of bread going up, surance. that insurance costs the insurance milk, eggs, meat, all basic staples of an Jobs are hard to find here in Michi- company’s spending on advertising, American diet, costs going up, up, up. gan, so she’s working two part-time huge executive salaries, and profits for People are finding that the costs of jobs, and neither of them provide insur- shareholders, and the result is an aver- health insurance is becoming prohibi- ance for part-time workers. age overhead of 15 cents on the dollar. tive. And so they simply can’t afford it. She has to go through what I did, but Compare that with Medicare’s over- So they remain uninsured, thereby instead of actually being able to get head which is between 2 and 3 cents. leaving their entire family health open medical treatment right away, then The complexity of this nonsystem to a challenge. having to pay for it, she has to put off not only leads to gaps in coverage and How many of us would be able to sur- until she and the hospital can work out navigating nightmares, but it’s under- vive financially being uninsured? Very a payment plan. They told her the scored by the duplicity and waste cre- few, because what happens is that if soonest they might be able to perform ated by the multitude of health insur- you’re uninsured and you have health the surgery will be in April. ance companies. care bills, you’re going to have to pay We’ve been calling around seeking Mr. Speaker, I’m pleased now to rec- those bills. And you know that the other options. She’s at Stage 4. I was at ognize the gentleman from Ohio, who’s greatest cause of bankruptcy in the Stage 2, when I went through my or- been on this plan for—several Con- United States relates to people not deal, so she’s in much worse condition gresses ago he was and is the original being able to pay their hospital or than I was; which worries me. co-founder and original signer with me their doctor bills. That’s a fact of life. This is unacceptable. It’s like I am to this bill. He’s worked relentlessly in There is no other issue which touches living my horror all over again, only the Congress and across the country in the American family and touches all of this is my sister. This is why we have making it clear that we’re working on us so uniquely as this issue of health to fight. We have to shake things up a system that some day is going to insurance. People can’t afford it. this election year. bring so much joy and benefit to the This is a tragic problem, and it’s get- There’s nothing you can do for my millions of Americans in this country. ting worse. About 22,000 people die sister at this point, except keep her in He’s a fearless, dedicated, articulate every year because they’re not insured; your prayers, and I hope that she can leader, and I would now yield to my this, according to the updated Institute get surgery soon. But, for those women colleague, DENNIS KUCINICH. of Medicine Statistic. But we cannot who may get cervical cancer down the talk about the uninsured without talk- road, let’s fight for universal health b 1615 ing about the underinsured as well. care so they don’t have to go through Mr. KUCINICH. Mr. Speaker, I’m so There are another 50 million Ameri- the money worries. grateful to have the opportunity to cans who are underinsured. Now think

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00057 Fmt 0687 Sfmt 0634 E:\BR08\H01MY8.001 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7544 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 May 1, 2008 about it. 50 million uninsured, 50 mil- nurses provide care. Insurance compa- your job, you’re still insured. If you lion underinsured. 100 million Ameri- nies’ CEOs, they deny it. There’s a dif- don’t have money, you’re still insured. cans. One out of every three Americans ference between health care and health If you have a pre-existing condition, is touched by this dilemma, and that insurance. If you have insurance, it you’re still insured. This covers dental means virtually every American family doesn’t mean you have health care. care, vision care, mental health, long- is either uninsured or underinsured. If There are increasingly creative and term care, prescription drugs. It’s all you’re underinsured, premiums are ex- complex ways to deny health care: co- covered. pensive, you may not be able to pay pays, deductibles, premiums, limits on Mr. CONYERS, thank you. Thank you the premium to get the coverage you daily coverage, caps on annual amount for your dedication to the American need, Co-pays and deductibles go high- spent, failing to cover certain medical people. Thank you for your willingness er and higher and higher. The Amer- conditions, failing to cover certain ac- to lead the way, and I’m just so grate- ican family is owned by the health in- cidents, failing to cover certain drugs, ful that I have the opportunity to work surance companies. failing to cover certain total spending with you. What kind of a country are we be- amounts, like the privatized Medicare Mr. CONYERS. Mr. Speaker, may I coming where the people of this coun- Part D donut hole, failing to cover hos- say to my colleague that I am so flat- try can’t get the care they need be- pital stays, or minimizing the cov- tered that he remembers the days when cause almost $1 out of every $3 is taken erage. we started out with just a few Mem- off the top by the for-profit insurance What has this hunt for profitability bers. We’re up somewhere about 90 now companies for advertising, marketing, in health insurance cost us? Well, it’s and growing every week, every month. the cost of paperwork, corporate prof- cost us a lot of money. It’s driving up More and more people are joining us. its, stock options, executive salaries, health care costs beyond the reach of And in addition, there are growing all of those necessary things that Mr. most Americans. Listen to this sta- numbers of medical professionals, doc- CONYERS has talked about in the past. tistic: between 1970 and 1998, the num- tors, researchers, health care experts, $700 billion a year goes for expenses ber of doctors and other clinical per- who are all recognizing how important that are totally unrelated to the cost sonnel increased by 2.5-fold. During the what you have said is in terms of how of health care. $700 billion a year. same time, the number of health ad- we move out of the situation that we’re Meanwhile, you have 50 million unin- ministrators increased more than 24- in. sured and another 50 million under- fold. There’s an explosion of the num- Your description of the pain and suf- insured. The insurance companies own ber of people in the health care system fering of so many of our citizens be- us. We don’t own our own health care who do not provide care. They instead cause of the lack of health care leads system. are told to deny care. to situations so horrible that they And the insurance industry is the It boils down to this: The insurance truly shock the conscious. reason for the underinsurance problem industry is the problem. It is not the Mr. KUCINICH. Mr. Speaker, if the and all that goes with it. Half of all solution. The only way to truly cover gentleman will yield, you mentioned, bankruptcies are tied to medical bills. everyone is to guarantee access, not to Mr. CONYERS, that many doctors sup- And of those medical bankruptcies, lis- force working men and women to sub- port this. When I first ran for Congress ten to this, three-quarters of those had sidize the insurance industry whose in 1972, doctors generally opposed this insurance before they got sick. So even very presence forces people to pay out idea. But there is a new survey that with insurance, people are going bank- of pocket to keep the industry alive. just came out published in the Annals rupt because they can’t handle the co- We need health care run by doctors and of Internal Medicine that states that of pays and the deductibles. their patients, not insurance compa- the physicians that were contacted in Of all of the medical bankruptcies in nies. Health care is a basic human this survey, thousands of them, 59 per- the United States, three of every four right. cent of the physicians now support a people had some kind of insurance be- So Mr. CONYERS, I just want to ex- national health care plan, which is why fore they got sick. They fell victim to press to you my appreciation for the I believe when you have the physicians insurance companies whose only way work that you have done to bring this supporting it, the patients support it, to make money is to deny care. How do issue before the American people. To all we need is to keep adding to the these insurance companies make so have had the opportunity over many of numbers in the House of Representa- much money? They make money by the last few Congresses to work with tives; and with Mr. CONYERS’ leader- not providing health care. They make you on this has really been an honor. ship, we’re on our way to creating a na- money telling people, We’re not going And when we remember when we go tional health care system. to pay that claim. You’re not going to back home, you to Detroit and me to Once again, I want to thank the gen- be covered. The more people they can Cleveland, and we see people who need tleman for the opportunity to share exclude, the more money they will care, our hearts break when we realize some time with you here. And again, make. It is a racket. Health care is a that they can’t get it because insur- the people of the United States owe racket. Health insurance, rather, is a ance has just ended up being a big busi- you a debt of gratitude for your relent- racket. ness and they don’t care about people lessness and your dedication on this, It is time we took America in a new anymore. It’s all about making money. and I intend to keep working at your direction, which is what the Conyers’ All about profit. side as we move forward to create a bill, that I am proud to be a co-author So Mr. CONYERS and I know that H.R. universal, single-payer, not-for-profit of, is all about. H.R. 676 is to provide 676 stands alone in an increasingly health care system. H.R. 676, the Con- for a universal, single payer, not-for- crowded field of ideas that are going to yers bill, is the way to go. profit health care system. It finally provide health care for people. And this Thank you. puts health care back in the hands of proposal addresses the accessibility Mr. CONYERS. Thank you, Congress- the doctors and the patients. It elimi- problem. man KUCINICH. nates the insurance companies as mid- Employer-based insurance requires And as our numbers grow in the Con- dle persons, middlemen, who are able people to continue to work in order to gress, you know that the American to skim almost $1 out of $3 off the top keep their insurance even if it worsens people have already indicated in policy while 50 million Americans are unin- their health. Now, I know Mr. CONYERS after policy that they want a universal sured and another 50 are underinsured. worked with the UAW for years and health care plan. Many are willing to We need to make a clear distinction years before coming into Congress. even pay more to get it, but they don’t between ‘‘health care’’ and ‘‘health in- What happens if you lose your job? have to. And this is a labor of love surance.’’ The two are very different. People end up, after their COBRA bene- which I am so proud that nearly 100 of Doctors and nurses are not the same as fits are gone, they lose their health in- our colleagues are now working with health insurance CEOs. Doctors and surance. Our proposal says if you lose us.

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00058 Fmt 0687 Sfmt 0634 E:\BR08\H01MY8.001 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 7545 And I yield again to the gentleman. don’t take my word for it, just ask the or Britain, and this is not because Big Mr. KUCINICH. As the Chairman is United Automobile Workers and the Pharma is doing so much research and always able to do, you bring up another AFL–CIO, or even the automobile mak- development. In fact, data from the point that I think would be helpful to ers themselves. Health care has become pharmaceutical companies’ own annual amplify, and that is that people will such a central issue for General Motors reports show that they spend almost say, Well, how are you going to pay for that Economists magazine only partly three times as much working on mar- this? Well, guess what? We’re already in jest called the company a pension keting and administrative costs as paying for a universal standard of care; hedge fund wand health insurance busi- they do on research and development. we’re just not getting it. $2.3 trillion a ness that happens to make cars. It is not because American compa- year goes for health care in the United Ford and General Motors pay nearly nies are carrying the burden of doing States. $2.3 trillion. $1,500 in health care costs for each ve- research and development for the rest And when you consider the fact that hicle they produce, while BMW pays of the world. Drug companies in the the for-profit insurance companies $450 in Germany, and Honda only $150 European Union put out about the take almost $1 out of every $3 or al- per vehicle in Japan. same number of new products each most $700 billion a year, you take that A General Motors executive told year that American companies do. And $700 billion—am I right, Mr. Chair- former Senator Tom Daschle, a pro- our drug industry’s research and devel- man—you put that money into care ponent of universal health care, that opment gets huge taxpayer subsidies and you suddenly have enough money the high cost of health care is the sin- from government-supported research to cover all Americans, the under- gle largest impediment to creating done by the National Institutes of insured and the uninsured are covered. more jobs in the United States. An IBM Health and American universities. In So how we pay for it is using the executive, Senior Vice President for fact, only a very small percentage of money that’s already in the system, Human Resources Mr. J. Randall the new drugs produced in America are and that’s how much profit is in health McDonald, recently predicted that 5 in fact innovative developments. Most care insurance or health insurance years from now this problem will have are varieties of old drugs developed these days. to be cured or the competitiveness of simply to extend patent protections so b 1630 the United States will be drastically that they can keep on charging those impacted. high, excessive prices. Mr. Speaker, once again, thank you The reason drugs cost more in Amer- for bringing out that point about the Small business employees are one of the fastest growing segments of the un- ica than anywhere else boils down to a fact that it is able to be covered with- single factor: Profit. The drug compa- out any current change in our system, insured and now comprise about one- fifth of the total uninsured population. nies have the highest profit margins of although we have a funding formula all American corporations. Their prof- that you’ve helped to develop that will Kansas Governor Kathleen Sebelius told the New York Times, ‘‘Affordable its as a percent of sales run about 19 guarantee that all Americans will be percent, compared to a median of about covered far into the future. coverage for small business owners and self-employed individuals is probably 5 percent for Fortune 500 companies. So again, Mr. Chairman, I’m grateful Mr. Speaker, the American people the biggest challenge that we have in the people of Detroit are fortunate to are concerned about the direction in Kansas and most states.’’ have you representing them in the which our economy is heading. As we Incredibly, one-fifth of working age United States Congress. spiral headlong toward a recession, if Americans, both insured and unin- Mr. CONYERS. In addition, we are we’re not already in one, both large sured, have medical debt that they are creating a system of preventive health corporations and small businesses have paying off over time. More than two- care. We are creating a system in to make difficult decisions to keep fifths of these people owe $2,000 or which people, when they initially get their business afloat. For most Ameri- more. Medical bills are the leading sick, can go to a doctor instead of cans, the loss of employment means being forced to go to emergency rooms cause of bankruptcy in the United the loss of health insurance. where they get temporary treatment, States, accounting for half of the per- The bottom line: If we can streamline and then they’re back at home or on sonal bankruptcies. If unpaid medical the operations of the health care sys- the streets again. We will make the bills are the leading cause of bank- tem by decreasing wasteful overhead country healthier. And national health ruptcy in this country, then how can and appropriately allocating funds, we care is an ambition that is very much we in good conscience delay any longer can not only ensure the coverage of ev- related to national security. So I’m in Congress to create a truly universal erybody in the United States, but we pleased that all of these things can health care system? can provide for true health care. And occur with the consideration of House High deductibles in private health in- that is an important point; coverage Resolution 676. surance plans are another barrier to does not equal care. In the last 10 years, the cost of health consistent care. Eleven million people My plan, H.R. 676, is simple. And its care to businesses has increased 140 with health insurance have per-person simplicity is the very thing that will percent. We need an efficient universal deductibles of $1,000 or more. One re- allow it to succeed where others will health care system that protects Amer- cent study found that 44 percent of fail. Many of the plans generally add ican businesses from skyrocketing adults with deductibles of $1,000 or an individual mandate and even more health care costs so that, as a Nation, more did not fill a prescription, de- insurance options. Others suggest fi- we can remain competitive in the glob- clined to see a specialist, skipped a rec- nancial mechanisms like tax credits or al marketplace. ommended test or treatment, or didn’t savings accounts. These other plans The rising cost of health care in this see a doctor when they had a serious will not guarantee coverage that is country has played a significant role in medical problem. universal, affordable or comprehensive. the current economic climate, specifi- There are additional sums spent by They fail to do anything to decrease cally with regard to the outsourcing of hospitals and doctor’s offices to deal administrative costs or complexity, in labor to foreign countries. Between with each insurance company’s rules, fact, they add to it. They can’t control 2000 and 2007, United States health pre- regulations, and forms to fill out. After costs, and so ultimately they will be miums have risen 98 percent, while a number of our satellite industries unsustainable. wages have only increased by 23 per- take a cut, we’re looking at up to 50 Now, I began from the premise that cent. The average family health insur- cents on the dollar being spent on ad- health care is a basic human right, not ance plan now costs more than the ministration, marketing and profits. a privilege, a basic human right. This earnings of a full-time minimum wage All this is money we could be spending is the consensus opinion of the inter- worker. on health care. national community, as enshrined in Our fractured non-system of health Drug prices in this country are about the Universal Declaration of Human care is crippling our economy. But 60 percent higher than prices in Canada Rights and other documents.

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00059 Fmt 0687 Sfmt 0634 E:\BR08\H01MY8.002 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7546 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 May 1, 2008 I also believe that government has a health care resources. The result is care, mental health care, dental care, fundamental role to play in guaran- that we have a glut of medical imaging and prescription drugs. Patients can go teeing this right to each and all of its machines, specialists, and other med- to the doctor or health care provider of citizens. This is the view of the other ical services which are seen as gener- their choice. industrialized nations, all of which ating the most potential profit for Private insurance companies are pro- have single payer health care systems their owners; hospital A has one MRI hibited from duplicating the coverage that cover all their people, cost far less machine, hospital B then feels it must provided under the plan. They may than ours and, sadly, get more and bet- have two MRI machines, and so on. To still offer coverage for nonmedically ter results in terms of health out- end up with MRI machines all over necessary services, such as cosmetic comes. town standing vacant while we con- surgery. They are not prohibited from I believe that health care must not tinue to spend enormous sums on ac- being hired by the government to do be a market commodity. The market quiring more is unwise and impractical billing services, but overhead costs dictates that one’s ability to consume and should be ended. would be strictly regulated. a particular product is constrained by Under a single payer system, we can This plan relies on the existing Medi- one’s ability to pay for it. This ap- distribute resources more efficiently so care infrastructure for administration. proach may be feasible when one is that we are buying MRI machines There is no ‘‘new government bureauc- talking about buying hamburgers or based on the need for them, not based racy.’’ In fact, there will be far less bu- tennis shoes, but it is unacceptable on how much profit they can generate reaucracy in health care after the role when it comes to health care. Our ac- for a particular hospital. of the insurance companies has been limited. cess to health services should be deter- b1645 mined by only one thing, what our doc- Just to let you know, there are na- tor thinks we need. Profit should not A regional board could determine, tionally recognized health economists be a factor. with the input of doctors and other and physicians who believe that if we Let me clarify: I do not advocate so- providers, what number of machines spent more efficiently the money we cialized or government-run health care, would be appropriate for the popu- are already currently spending on such as the National Health Service in lation based on demographics and health care, then we would cover every Great Britain. I propose a plan that is other factors. American with quality and affordable publicly financed, but privately deliv- Allow an explanation of how a single- health insurance right now through a ered, like those in Germany or France payer system under H.R. 676 would privately delivered, public financed, or Taiwan. work. Existing public health care single-payer system. The role of the government in the spending, including government spend- Mr. Speaker, I thank you for your co- H.R. 676 proposal is limited to col- ing for Medicare and Medicaid, would operation. lecting revenues and disbursing pay- continue, but it would flow into a sin- Ms. LEE. Mr. Speaker, I rise today in sup- ments to providers. Doctors, hospitals gle trust fund. We would add a payroll port of Cover the Uninsured Week, to highlight and clinics will continue to be run pri- tax of about 3.3 percent each to work- the deplorable fact that over 47 million Ameri- vately. I believe they will be required ers and employers. In addition to the cans—including 9 million children, lack health to operate as not-for-profit organiza- 1.45 percent Medicare tax, the total insurance in our country. tions. health care tax would be 4.75 percent. Mr. Speaker, I strongly believe that health In a single payer system, we could do This is cheaper than what the private care is a basic human right. Yet far too many just that. We will do just that. Reve- health insurance companies charge; so people have no access to even the most basic nues would flow into the system families and businesses will be spend- health services. Contrary to popular belief, 8 through an automatic payroll tax, very ing less than what they are spending out of 10 Americans who lack health insur- little paperwork required. Doctors now if they have insurance. ance come from working families who just would bill the government electroni- We also get revenue from other can’t afford the high cost. Minority commu- cally and they would be reimbursed sources like one quarter of 1 percent nities also disproportionately suffer from a lack electronically, cutting out the middle tax on certain stock and bond trans- of health coverage. More than one-third of the man, and the savings would be tremen- actions. All these revenue sources add Hispanic population in our country and more dous. up to more than enough to cover cur- than one-quarter of Native Americans live Studies by the Congressional Budget rent spending. But just in case there without health insurance. Nearly 22 percent of Office, the Government Accountability are additional expenses in a particular African Americans and 20 percent of Asian Office and consultancies such as the year, we also authorize an annual ap- Americans also lack health insurance. These Lewin Group consistently find that the propriation. statistics are just plain shameful. savings under a single payer plan Revenue flows from the Federal trust What’s worse is that because these individ- would be more than enough to cover all fund into the accounts of the currently uals lack health coverage they are more likely of the uninsured. So, in fact, it’s pos- existing Medicare regions. Reimburse- to wait to seek treatment until they are really sible to cover all Americans under a ment is then negotiated with doctors sick, which in turn further drives up health comprehensive health plan without and other providers at the regional care costs and creates a vicious cycle of un- spending any more money than we do level, with current levels being the insurance. now. We would just be more efficient starting point. Doctors are paid on a Mr. Speaker, the sad truth is that over the with it. fee-for-service basis, while hospitals last 8 years of this administration, the number The two other major drivers of and other large institutions are paid of uninsured Americans has been steadily ris- health inflation are the increasing use with monthly lump sums known as ing. Instead of supporting proposals to expand of expensive prescription drugs and the global budgets based on current ex- access to health care, however, this adminis- proliferation of new and expensive penditures. Global budgets are cost- tration has continually supported policies that medical technologies. A single payer control mechanisms that are very ef- have driven more people into poverty, placing system would address both these costs. fective in other single-payer systems. affordable health care even further out of By leveraging the buying power of Every American would receive a na- reach. the Federal Government, we can nego- tional health insurance card at birth or Perhaps the clearest example is this Presi- tiate huge discounts both for drugs and would be able to apply for one at the dent’s veto of the SCHIP bill and his refusal to for other major drivers of health infla- post office or other government facil- provide health coverage to 10 million children. tion such as medical technology. We ity. The application form is limited to That is just unconscionable. can bring down the cost of medical 2 pages. Everyone living in the United As the only industrialized nation in the world technology by allocating it more effi- States would be eligible. All medical that does not guarantee health care for all our ciently. As it is, we have no organizing necessary services would be covered, people, I believe we must move toward a sys- structure to manage the distribution of including inpatient and outpatient tem of universal health coverage. That is why

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00060 Fmt 0687 Sfmt 9920 E:\BR08\H01MY8.002 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 7547 I have introduced H.R. 3000, the Josephine There was no objection. sequences.’’ And I turned to the little Butler United States Health Service Act, to f page that talked about who the au- make the United States Health Service its own thors are, about the authors: W.D. PEAK OIL independent executive branch and establish Lyle, Jr. holds a Ph.D. in engineering an Office of the Inspector General for Health The SPEAKER pro tempore. Under from Purdue University. L. Scott Allen Services. the Speaker’s announced policy of Jan- holds a Ph.D. in physics from SMU. My bill would require the Health Service to uary 18, 2007, the gentleman from Both are retired scientists from the Ex- ensure that everyone has the right and the Maryland (Mr. BARTLETT) is recognized ploration and Producing Technical ability to access the highest quality health care for 60 minutes as the designee of the Center of a large international oil com- available regardless of cost. Mr. Speaker, pro- minority leader. pany. They have been awarded over 40 viding universal health care is the right thing to Mr. BARTLETT of Maryland. Mr. patents and coauthored or authored do and it is consistent with our values as a na- Speaker, I came early to our office yes- more than 50 technical papers with tion and the goals of Cover the Uninsured terday morning, and I opened the door contributions appearing in a variety of Week. and took the newspapers inside and put journals such as Science, Geophysics, Mr. WEXLER. Mr. Speaker, I rise to ac- them out on the reading table. And as Nuclear Science and Engineering, and knowledge ‘‘Cover the Uninsured Week.’’ We I took them out, seven of them, four the Journal of Petroleum Technology. must recognize the tragic reality that 47 million newspapers and three of the kind of in- Both authors, it says, live in the Dallas Americans, including 9 million children, are un- side-the-beltway papers, I noted the area. So those are obviously well-re- insured in America. In my home State of Flor- lead story above the fold. In the Sun spected authorities in their fields. ida, the figures are even more striking, with 20 there were two stories: ‘‘Demand Eats And I turned to chapter 6: ‘‘What percent of Floridians lacking health insurance. Supply, swiftly rising food prices are About Alternative Energy Sources and Millions of hard-working Americans with full- undoing progress in fighting hunger What Should We Do Now?’’ And it be- time jobs lack affordable health care options. globally’’; and another above the fold gins by saying, ‘‘What must we do now For example, a woman in my district, headline: ‘‘Energy Bill Aid Payouts on to prepare for and respond to the inevi- Florianne, has worked as a housekeeper for a Rise.’’ Then I picked up the Wash- table and impending energy crisis?’’ local hospital for 3 years and is uninsured. ington Times and noticed an above the And, Mr. Speaker, the seven papers She cannot afford to pay for health insurance fold headline, ‘‘Bush Lays Gas Blame that I just referred to and the head- for her children despite having a full-time job. on Congress.’’ And then I picked up the lines on all of them about energy and In 2004, when Florianne worked directly for Washington Post, a major headline food would indicate that maybe, just the hospital, she received health benefits. above the fold: ‘‘Syphoning Off Corn to maybe, we’re on the cusp of this crisis. Today, the hospital subcontracts its house- Fuel Our Cars.’’ And then the Wall And then he says, ‘‘The first and keeping operations, causing her to lose her Street Journal, the biggest headline most important thing that needs to be health insurance. With rent, food, gas, and above the fold, with a graphic and pic- done is to educate and convince the utilities eating up her $692 biweekly paycheck, ture above it: ‘‘Grain Companies’ Prof- public that a problem even exists.’’ Long before I got this book, more there is not a dollar to spare for her son’s it Soar As Global Food Crisis Mounts.’’ than 3 years before I got this book, I glasses or basic checkups, let alone a $768 And then I took the three inside-the- thought also that that was the most monthly premium. beltway newspapers to put them on the important thing that needed to be I wish Florianne’s predicament was unique. reading table, and I looked at the head- All across Palm Beach County, the State of done. And so, Mr. Speaker, I think this lines there, on the front page: ‘‘Gas Florida and throughout the United States, chil- is the 43rd time I have come to the Prices Fuel Effort to Jam GOP.’’ ‘‘Al- dren like Florianne’s miss doctor’s appoint- floor to spend an hour talking about exander Eyes Energy Agenda.’’ The ments, forego needed prescriptions, and are the challenge. Really it was to explain first of those was Politico; the second denied adequate health care. Their parents to the American people the challenge was Roll Call. And the third, The Hill: work hard but still cannot afford health care for that we face, to educate and convince ‘‘Politics at the Pump.’’ their families. This is totally unacceptable in the public that a problem even exists. So, Mr. Speaker, the seven papers the wealthiest nation on Earth. Well, I think these seven headlines in- In Congress, I have sponsored legislation to that our office gets, every one of them dicate that at least the editors of those fund insurance for millions of children across yesterday had as their leading story papers thought that a problem existed the country, introduced legislation to make above the fold something about energy because they were all talking about the Medicare more affordable for seniors, and prices and food prices, which, of course, high price of energy and its con- voted to increase funding for community are related. sequences on food prices. health centers willing to treat uninsured indi- Also appearing today, and I wanted But education is not the only thing viduals. I am also a sponsor of the U.S. Na- to make sure that we didn’t miss this that I have been doing. I have been per- tional Health Insurance Act (H.R. 676), which New York Times column by Thomas sonally involved in at least four activi- would reform our health care system and pro- Friedman, a very well-known author ties, which I think will help to advance vide health insurance for every man, woman, and commentator, which describes America on the path that we need to be and child. Unfortunately, many of these pro- America’s energy problems as the ‘‘pre- treading. I’m sponsoring, in conjunc- posals have been shot down by the Bush ad- dictable consequences of an energy tion with the SMART Organization, a ministration. strategy that would be exacerbated by Smart Green Showcase on July 18 of ‘‘Cover the Uninsured Week’’ reminds us all the most popular proposed changes to this year in Frederick, Maryland, that that America desperately needs leadership in maximize demand, minimize supply, will offer smart energy solutions for the White House and in Congress to work to- and buy the rest from the people who homeowners and small business own- gether to achieve the affordable health care hate us most.’’ In a little bit, I will ers. There is a lot of information out that all Americans deserve. read some other excerpts from this there. There’s a lot of new technology very interesting op ed piece by Thomas f that just isn’t widely known. Practical Friedman. ways you can use less energy, save GENERAL LEAVE I have here a little book which came money, and help our country transition Mr. CONYERS. Mr. Speaker, I ask across my desk, signed by one of the to domestic, cleaner, and renewable en- unanimous consent that all Members authors to Representative ROSCOE ergy sources. The conference will pro- may have 5 legislative days in which to BARTLETT: ‘‘You are a political voice in vide educational and networking op- revise and extend their remarks and in- the dark. Please continue trying to portunities for homeowners and rep- clude extraneous material on the sub- shed light on this critical issue.’’ And resentatives of large and small busi- ject of my Special Order. the critical issue he’s talking about is nesses, academic and nonprofit organi- The SPEAKER pro tempore. Is there explained in the title of his book, ‘‘A zations. objection to the request of the gen- Very Unpleasant Truth . . . Peak Oil This Smart Green Showcase has its tleman from Michigan? Production and Its Global Con- own Web site, and I would encourage

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00061 Fmt 0687 Sfmt 0634 E:\BR08\H01MY8.002 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7548 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 May 1, 2008 you to go to that Web site, standards for such appliances in ac- have enormous opportunities to grow www.smartgreenconference.com, for a cordance with the Energy Independ- wind and solar. They are now growing fuller explanation of what will be ence and Security Act of 2007. at something like 30 percent a year. shown at this Smart Green Showcase. As shown on the first chart here, I That is incredible growth rate. But In the next few days, I will submit a also have a Self-Powered Farm Energy they started very small. So even with bill that is a companion bill to a Sen- Bill, H.R. 80. This is really a very sig- that big growth rate, they are still pro- ate bill, S. 2821, that was introduced in nificant approach to addressing our en- ducing a very minimal amount of en- the Senate on the 3rd day of last ergy problems because we are going to ergy to the grand mix of energy. month by Senator MARIA CANTWELL have to turn more and more to our We can get a lot more energy in and Senator JOHN ENSIGN, and almost farmers for energy and products that those parts of our country where you’re half of the Senators have already are produced by energy, that in the fu- close enough to the molten core of the signed onto this bill. ture will have to be produced with less Earth to get true geothermal energy. You go to Iceland, I have been there, b 1700 energy. This bill would support Federal research, development, demonstration, and I did not see a single chimney in I have a brief summary of the bill, and commercial application activities Iceland. They may have one. I didn’t and because what it does is so impor- to enable the development of self-pow- see it. They get essentially all of their tant to where I think we need to be ered farms that are net producers of energy there from geothermal energy. going, I am going to take just a mo- both food and energy. They should be That is tapping the molten core of the ment to read this brief summary. This capable of independence from offsite Earth, which will heat water, and you Clean Energy Tax Stimulus Act of 2008 sources of energy. A farm standing all can do lots and lots of things with it, amends the Internal Revenue Code to alone. and hot water. extend certain tax incentives for en- Mr. Speaker, if our farms can’t be en- Then, of course we have lots of oppor- ergy production and conservation. It ergy independent, we really, really tunities for microhydro, without the extends through 2009 the tax credit for have a huge challenge for the future. I kind of impact on the environment production of electricity from renew- think this is very doable, and this bill that our macro hydro has had with able sources. For example, biomass, will offer awards, rewards to those who these huge dams and we try to com- geothermal energy, landfill gas, and do that. Offsite sources of energy, fuel pensate with fish ladders and so forth, trash combustion. and raw materials for fuel. A commu- compensate for the damage we have It includes marine and hydrokinetic nity resource for food and energy or done to the environment with fish lad- renewable energy as a resource eligible raw materials for fuel would minimize ders and so forth so the fish who are for such credit. It allows sales of elec- or eliminate ongoing operating expend- spawning can get around to them. So tricity produced from renewable re- itures to offsite entities for fossil fuel- we have lots of opportunities for pro- sources to regulated public utilities. derived energy, employ sustainable ducing electricity. Our options for producing more liq- This one is really very important to farming practices for long-term soil uid fuels are far more limited. So this encourage everybody, even every fertility. We mustn’t forget that what homeowner, to produce electricity. If is a very important bill. We are going we do to make our farms energy inde- to be talking for the rest of our few they are not using it, sell it back to pendent and to get energy from our the power company. moments together today about these farms, that we must be really con- opportunities for producing more liq- It extends the Energy Investment cerned about sustainability. It would Tax Credit for solar energy through uid fuels. You will see that they really be easy for a few years to mine the soil, are limited. We really do have a chal- 2016 for fuel cell and microturbine that is take out of the soil more than property through 2017. It repeals the lenge there. you’re putting back. But if it is not So to the extent that we can move dollar per kilowatt limitation for fuel sustainable, it will not be useful for the transportation dependency from oil to cell property under the Energy Invest- long term. electricity, we will have done a great ment Tax Credit. It allows public elec- Employ sustainable farming prac- deal to minimize our dependence on oil tric utilities to qualify for such credit. tices for long-term soil fertility and and free ourselves from dependence on It extends through 2009 the tax credit produces at least two times as much oil, as the President appropriately said for residential energy-efficient prop- energy, including fuel or raw mate- in his State of the Union Message, from erty expenditures. It repeals the 2000 rials, or fuel, as it consumes both on- people who don’t even like us. limitation on the tax credit for solar site and in the transfer of farm prod- I wanted to just spend a couple of electric property. It allows an offset ucts to market. moments reading some additional com- against the alternative minimum tax The next chart shows an additional ments from Thomas Friedman’s arti- of tax credit amounts. It extends bill, H.R. 670, that I have introduced, cle. I don’t read this because I nec- through 2009 the tax credit for invest- American Energy for America’s Fu- essarily agree with everything he says, ment in clean, renewable energy bonds, ture, the bipartisan DRIVE Act, De- but I read it because I think that it’s increases the national limitation pendence Reduction through Innova- very important, as this little book amount for such bonds. tion in Vehicles and Energy Act. What said, that the American people under- It extends through 2009 deferral pro- this does is to encourage transition stand the seriousness of the challenge visions relating to the recognition of from depending so much on liquid fuels that faces us. gain by certain electric utilities, and from oil for transportation and move So let me read a few more excerpts extends to 2009 the tax credit for non- to electricity for transportation. from his article that appeared today in business energy property. It includes And the reason for this, Mr. Speaker, the New York Times. The title of his residential biomass fuel stoves, that is is pretty obvious, if you stop to think little op-ed piece is called: Dumb as We pellet stoves, as eligible energy prop- about it. We use two kinds of energy Wanna Be. ‘‘Here’s what’s scary: Our erty for purposes of such credit. largely in our lives today; electricity problem is so much worse than you It extends through 2010 the tax credit for many, many things, but not much think. We have no energy strategy. If for energy-efficient new homes. It ex- for transportation. Most of our trans- you are going to use tax policy to tends through 2009 the tax deduction portation comes from fossil fuels, from shape energy strategy, then you want for energy-efficient commercial build- oil, and some gas. You see city buses to raise taxes on the things that you ings, and increases the allowable advertising that they are running on want to discourage, gasoline consump- amount of such deductions. Finally, it clean natural gas. tion and gas-guzzling cars, and you extends the tax credit for energy-effi- We have lots of opportunities to want to lower taxes on the things you cient appliances, to include appliances produce more electricity. We can do want to encourage, new renewable en- produced in 2008, 2009, and 2010, and it more solar. France produces 75, 80 per- ergy technologies. We are doing, he revises and updates energy efficiency cent of their electricity from solar. We says, ‘‘just the opposite.’’

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00062 Fmt 0687 Sfmt 0634 E:\BR08\H01MY8.002 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 7549 ‘‘The McCain-Clinton gas holiday do this. That is they could not increase maximum when you look back and see, proposal is a perfect example of what their supply. gee, we were pumping more oil then energy expert Peter Schwartz of Global Russia, a couple of weeks ago, an- than we are now. But this was clearly, Business Network describes as the true nounced that they had peaked in oil clearly known by 1980, because you can American energy policy today.’’ Then I production. That they could no longer see by 1980 here we are well down the quote again, ‘‘Maximize demand, mini- increase their production. Just last other side of Hubbert’s Peak. mize supply, and buy the rest from the week, Saudi Arabia indicated that they There are a couple of things in this people who hate us the most.’’ had reached a maximum oil produc- chart that he did not include in his Then additional excerpts from the ar- tion. They have the granddaddy of all analysis. He couldn’t have known that ticle go on to say, ‘‘This is not an en- oil fields, the Ghawar, a huge field, pro- we were going to get so much natural ergy policy. This is money laundering. ducing 5 million barrels a day. They gas liquids, and he looked at only the We borrow money from China and ship want to bring online a new field. I read lower 48. He didn’t look at Alaska, and it to Saudi Arabia and take a little cut a lot about the technicality of that he didn’t look at the Gulf of Mexico, for ourselves as it goes through our gas field. It’s very interesting, what they where we have found huge amounts of tanks. No, no, no. We’ll just get the have done. This is the field that has a oil. money by taxing Big Oil. Even if you lot of potential oil in it. Khurais, I I have been to Alaska, to Dead Horse, could do that,’’ he says, ‘‘what a ter- think. It’s hard for me to pronounce to Prudhoe Bay, and I have seen the rible way to spend precious tax dollars. words with k-h. very beginning of that 4-foot pipeline ‘‘For almost a year now, Congress through which for a number of years b 1715 has been bickering over whether and now about one-fourth, about one-fourth how to renew the investment tax credit They have hired Halliburton to drill of our total domestic production has to stimulate investment in solar en- a large number of wells, and what they been flowing. ergy and the production of tax credit plan to do, what they hope to do, is to Well, you can see that even when you to encourage investment in wind en- flood that field where the oil will not add the oil which he did not include in ergy. The Democrats wanted the wind flow. If you drill down in that field, his analysis, the oil that we got from and solar credits to be paid for by tak- you will not get any oil, although there the find in Alaska and from the Gulf of ing away tax credits from the oil indus- is a great deal there, and they hope to Mexico, that that was just a blip on the try. President Bush said he would veto make this oil flow by pumping water in slide down the other side of Hubbert’s that. Neither side would back down. at the periphery of the field under con- Peak. Stalemate.’’ siderable pressure. Now, we have done a number of You know, as I said, I read this not But this is a very delicate operation, things to try and reverse this, because because I necessarily agree with every- because if they pump at too high a we are not at all comfortable in this thing he says, but I read it because it pressure and too large a volume and country having only 2 percent of the is a very important voice that is saying the water overflows the oil, it could world’s oil and using 25 percent of the what I have been trying to say for seal off the little interstices through world’s oil. We have very good sci- more than 3 years now, Hey, we face a which the oil would flow and it might entists and engineers, and we have used problem. We have really got to do kill the field, so there would be no oil a lot of enhanced oil recovery. We have something about that problem. from the field. But hopefully they used discovery techniques, 3–D, seismic The next chart, this is a little car- won’t do this. They are very good at and computer modeling to go out and toon which I think tells the story that this technology. And if they are able to find more oil, and we have drilled more many people don’t believe. Just why is develop this field, they will get, they oil wells than all the rest of the world gas so expensive, over $3.50 a gallon hope, 1.2 million barrels a day. This, put together. now? Just why is gas so expensive? The they hope, will make up for the oil that In spite of better discovery, of ag- cartoon says it with just two words, a they are not getting as the present gressive pumping of these fields with tiny little supply and a huge big de- fields they are pumping tail off. They this enhanced oil recovery, in spite of mand. have reached a maximum production of drilling more oil wells than all the rest Now there are many people who be- oil. of the world put together, and in spite lieve that gas is very expensive at the The next chart is a chart whose his- of finding oil in Alaska and the Gulf of pump because the major oil companies tory begins in 1956 with a talk which I Mexico, we today are producing about are gouging us. Many people think that think will go down as the most famous half as much oil as we produced in 1970. gas is high at the pump because the oil speech given in the last century by M. I spent a few moments looking at from which we refine it is very expen- King Hubbert to a group of oil engi- this chart. I think it is very important sive because the Arab world is holding neers and business people at San Anto- to understand what M. King Hubbert back and not producing as much oil as nio, Texas, in 1956, 52 years ago, on the predicted and what happened and the they could produce, or somehow 8th day of March. This was 1956. Here reality that no matter what we have gouging us. we are, 1956 right here. done, we have not been able to reverse The reality is that neither one of He told them that in 1970, this point what he said would happen, and that these commonly believed reasons for here. This part of this chart was not was in 1970 we would reach our max- our high gas prices are probably true. available. All they had was this, rap- imum oil production, and that after There may be a little gouging here and idly increasing oil production. We were that, no matter what we did, oil pro- there by stations and so forth. The the largest producer of oil in the world, duction would fall off. price of oil is not determined by our the largest consumer of oil in the The next chart, if I can have the next big oil companies, ExxonMobil and world, and I think the largest exporter chart, the next chart is a quote from Shell and Royal Dutch. The price of oil of oil in the world. He said in 14 years, one of four different reports that our is determined, as this cartoon indi- in 1970, the United States will reach its government has paid for and not to- cates, by how much there is and how maximum oil production. Shell Oil tally ignored, but largely ignored. much we would like to use. Company asked him, please don’t give They all say the same thing, by the The Arabs don’t determine the price that talk. You will make us look silly way. This is from the first of those four of oil. They can affect the price of oil. and make you look silly. He gave the reports done by SAIC, a very large, If they could produce more oil, they talk, and for a long while was an object prestigious international engineering could drive down the price of oil by in- of derision. Then, right on schedule, in science organization. Dr. Robert Hirsch creasing the supply so it would be more 1970 we reached our maximum oil pro- was the principal author of that, so it consistent with the demand, and that duction. is frequently called the Hirsch Report. would reduce the price of oil. There is Now, they didn’t know that in 1970. He says here on page 64, ‘‘World oil increasing evidence that they could not You only know you have reached a peaking is going to happen.’’

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00063 Fmt 0687 Sfmt 0634 E:\BR08\H01MY8.002 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7550 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 May 1, 2008 Now, the same person that predicted Now, they are off the chart now, about b 1730 that we would peak in 1970, in 1979 pre- $110 today. It has dropped off a little The solid black line here indicates dicted that the world would be peaking from the $120 of last week. I think that the oil that we have used. And the about now. I have asked myself a ques- dropoff, Mr. Speaker, is because $120 oil world was in a very happy position up tion so many times and asked the ques- is just plain too costly for a lot of the until about 1980. Every year until 1980, tion to others, if M. King Hubbert was world and they haven’t been able to use we found more oil, sometimes a lot so right about the United States and if it. They just make do with less. So we more oil, than we used that year. If he predicted that the world would be have some higher reserves than we you integrate under this curve, you peaking about now, wouldn’t it have thought, and the speculators now are will get the total volume of oil that we been appropriate to have a plan B, a speculating that the price of oil will have used. So this area represents the plan B which recognized that that come down for the moment because of volume of oil that we have used. might happen, and, gee, you better these reserves. Of course, $110 oil, the Now, ever since about 1980, of course, have some contingency plans preparing price is off the chart here. we have been finding less oil than we for it? When I say ‘‘we,’’ I mean the M. King Hubbert predicted in 1979 use, so now this area here has been world. That is not what we have done. that the world would be peaking about filled in by reserves back here. They There is no indication, as evidenced now. All four of these studies, the first are still there. We know they are un- by the behavior of any company or any one I mentioned, the SAIC study, the derground. We know we can pump country, that any of these entities second one, the Corps of Engineers them. have been doing anything to address study, the third one, the Government Now, how much more will we find in the huge challenge that we would have Accountability study, and the fourth the future? Most of the experts believe if in fact the world followed the course one, one done by the National Petro- that we have probably found, of con- that the United States so predictably leum Council, and all four of those say ventional oil—we will talk in a few followed, that the world would peak essentially the same thing: Peaking of minutes about unconventional oil. about now. ‘‘World oil peaking is going oil is inevitable, absolutely inevitable; Most experts believe that for conven- to happen,’’ this report said. ‘‘World that it is either present or imminent, tional oil we have probably found 90 production of conventional oil will with potentially devastating con- percent, 95 percent of all the oil we will reach a maximum and decline there- sequences. find in the future. Those who made this after. That maximum is called the chart suggest that future discoveries peak. Oil peaking presents a unique Now, I say again, if M. King Hubbert was right about the United States, and will follow a descending curve, ever challenge,’’ this report says. ‘‘The less and less, as we go further and fur- world has never faced a problem like we spent quite some little while look- ing at that chart, and in spite of every- ther into the future, because once you this. There is no precedent in history found some oil, then additional oil is to guide us,’’ is what this report says. thing that we have done, better oil dis- covery, aggressive pumping of the oil, more and more difficult to find. Now, There is no lesson from the past that this clearly won’t be that smooth, it you can use to guide you as to what enhanced oil recovery, and although we drill more wells than the rest of the will be up and down, but they are sug- you need to be doing to get you gesting it will follow a curve much like through this challenge. world put together, M. King Hubbert ’s that. The next chart, this is a chart of data prediction is still true. Today we are Now, what will the future look like? which is compiled by the two leading producing about half the oil we pro- What the future will look like will de- entities in the world that track the duced in 1970. He predicted that the pend upon your perception of several production and consumption of oil. world would be peaking in oil produc- things: How much more oil you think Now, we store a little, very little, in tion about now. These four studies all we will find; it will depend upon how our strategic reserves in this country said that peaking of oil is inevitable. aggressive you think we can be in and some other countries, but, by and They didn’t know when it would occur. pumping oil. But one thing is certain: large, all the oil we produce is con- These data from the EIA and the IEA You cannot pump oil you have not sumed. would lead you to believe, unless this is ‘‘Peak Oil: Are We There Yet?’’ These found. just a little plateau and it will take off Now, the way this chart is drawn, it two agencies are the IEA, the Inter- again, and the next chart we will look national Energy Agency, a part of the doesn’t go clear out until the end, of at, if we can have the next chart now, course; it goes out another 150 years. UN, and the EIA, the Energy Informa- the next chart will tell us how likely it tion Administration, a part of our own Every year, and this has been the expe- is that this is just a little plateau and rience in the United States, less and Department of Energy. then it is going to take off again. The IEA, the international one, says less oil, harder and harder to get. And If you had only one chart to look at, that for the last 18 months or so we now, with the world situation, not true only one chart to use for informing have reached a plateau in oil produc- in our country because nobody else yourself and talking about this subject, tion. As a matter of fact, just at the made up the deficit for the oil we this would be the chart. This chart end of the line they have drawn didn’t pump; and so for a long while, shows in the bars here going back as through there up and down, because it even when our oil production was drop- far as 1930 the discoveries of oil, and, is not a constant thing, up today and ping off, oil was still $10 a barrel be- boy, it was up and down. We found down tomorrow and so forth, it is actu- cause other countries could produce it some big fields in some of these years, ally tipping over just slightly. The quickly and easily, and they did, so EIA, the green line, shows that from so we got some huge spikes. But notice that made up for our shortfall. But their data we have been constant and the general trend of this. Since about that is not going to happen in the fu- actually a little lower now, but rel- 1970 it has been down, down, down, ture because, as indicated by a prior atively constant in oil production for down, and that is in spite of evermore chart, as indicated by all four of these the last 3 years. aggressive and better techniques for studies, paid for by your government, Now, if in fact the world’s production finding the oil. delivered to your government, oil is of oil has been flat in the last 3 years, Now, if this peak is just a plateau going to peak. and these are the two best recognized and is going to take off again, then you And if the United States is a micro- entities in the world for tracking this, need to believe that one of two things cosm of the world, you would reason- if in fact it has been flat for the last 3 is going to happen: Either we are going ably judge that, no matter how aggres- years and demand has continued to go to find very quickly better ways of sive we become, and we have been real- up, what would naturally happen to oil teasing out from the reserves we are ly aggressive in our country, like drill- prices? now pumping more oil, or we are going ing more oil wells than all the rest of Well, oil prices were, what, when to find more reserves of oil, more big the world put together, you still are they started, $50-some dollars a barrel. reserves of oil. not going to reverse that decline.

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00064 Fmt 0687 Sfmt 0634 E:\BR08\H01MY8.002 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 7551 So what the future looks like, and find a huge amount of more oil out van der Veer. By the year 2100, he says, you see the oil that you are using here there. In a few moments we are going the world’s energy system will be radi- above the amount of oil that you found to talk about some of these potentials. cally different from today’s. The is going to have to be filled in by re- And there may be a lot out there. But world’s current predicament limits our serves from here. You can use your eye what I am saying is that we really need maneuvering room. We are experi- and transfer these reserves there and to have a plan B, because there is noth- encing a step change in the growth rate see reasonably what that curve will ing that we have done in our country of energy demand. And Shell estimates look like. which has avoided the inevitable slide that, after 2015, supplies of easy-to-ac- The next chart presents a little sche- down the other side of Hubbert’s Peak cess oil and gas will no longer keep up matic. Now, I will point out what is that M. King Hubbert predicted in 1956. with demand. It may be a little sooner quite obvious: That this peak can be This is a chart again from Robert than that, as indicated by these curves made very sharp if I compress the ab- Hirsch, and he gets this from EIA, En- from the IEA and the EIA. As a result, scissa and expand that ordinate, that ergy Information Administration, and he says, society has no choice but to will become a very sharp curve. Here, I they are predicting here in this chart add other energy sources. have spread it out so it is a very grad- that we will find as much more oil as The next chart is one that kind of ual curve. This is a 2 percent growth all the reserves we now know to be able puts this in perspective. This looks at curve. That is about the rate at which to be pumped. the industrial age. the world has been increasing its use of Most experts believe that the ulti- By the way, there is a fascinating oil. By the way, 2 percent growth dou- mate amount of oil, the total amount speech that was given. If M. King bles in 35 years; it is four times bigger that we will pump in the world from Hubbert’s speech was the most impor- in 70 years; it is eight times bigger in the beginning to the end of the age of tant speech of the last century, I think 105 years; it is 16 times bigger in 140 oil will be about 2 trillion barrels. Here the most insightful speech of the last years. it is 2.2. They are suggesting here that century would be the speech given by This led Albert Einstein to answer a we will find another nearly 1 trillion, the father of our nuclear submarine, question asked by someone after we because this curve is based on what Hyman Rickover, given 51 years ago had discovered nuclear energy: What they call the main or expected value of the 14th day of this month to a group will be the next big energy force in the 3 trillion barrels. Now, that means that of physicians in St. Paul, Minnesota. If universe? And his response was: The they think we are going to find just you do a Google search for ‘‘Rickover’’ most powerful force in the universe is about as much more oil as all the oil and ‘‘energy speech,’’ it will pop up. the power of compound interest. And, which we now have in reserves which He noted then that we were about 100 of course, compound interest is com- can be pumped. years into the age of oil, which—and he Now, even if that curve occurs—and pound growth. uses just beautiful expressions, which this is because of that exponential This chart shows a 35-year growth pe- he referred to as the golden age. And growth. Even if this occurs, the peak is riod, the yellow. I think we are about truly it has been a golden age. And he pushed out from here to 2016. The dot- here, and peaking is either present or had no idea how long the age of oil will ted line, by the way, and I don’t know imminent. And most people are look- last; now we have a much better idea. if it is even doable. The dotted line ing at avoiding any problems in the fu- But he made a very important state- shows what would happen if you would ture by filling the gap. If this is what ment. He said that, how long the age of have an aggressive, enhanced recovery you have available and this is what you oil lasted was important in only one re- and pump it more quickly. It pushes would like to use, this yellow area rep- gard: That the longer it lasted, the the peak out a little bit, and then you more time that we have to plan for an resents the gap. fall off a cliff after that. There are a lot of things out there This black curve, by the way, you orderly transition to nonfossil fuels. that we can exploit to get some liquid will recognize from the big black curve About 17 months ago, I was privi- fuels from. In their totality, most of on the oil chart, remember, with all leged to lead a codel of nine Members the experts that are really seriously the bars going up. This is the recession of Congress to China to talk about en- looking at this, in their totality, most in the 1970s. If it weren’t for that—the ergy. Interestingly, they began their people believe that it will be extremely old saying, it is an ill wind that brings discussion of energy by talking about difficult to produce as much liquid fuel no good. And that ill wind of those post-oil. Wow, I thought, these people as we now are using, let alone filling Arab oil price spike hikes and the think in terms of generations and cen- the gap. I will say that that will not worldwide recession that followed that, turies. bring us to any calamitous end. We that is this dip here, we actually were We are a great country, and a part of have enormous opportunities for con- using less energy for a while, we really our affluence and our greatness is that servation and efficiency. looked at our efficiency. And your air we have a near-term focus, essential The other morning as I came into conditioner now is probably three for our business, but I think it would work, I noticed in one of the lanes in times as efficient as it was then. Your be nice if we had a little longer term front of me a big SUV with one person freezer, the same thing. If we had not view, too. It is hard for our businesses in it. In the lane right next to them done that, look at this curve, look to see beyond the next quarterly re- was a Prius with two people in it. Now, where it would be, off the chart. port; hard for elected officials to see the Prius, I have one, we get about 48 There was a stunning statistic during beyond the next election. But they miles per gallon. That is at least three the Carter years, and that was that were talking about post-oil, and what times that SUV. Isn’t it? So the Prius every decade we used as much oil as they would be doing and what the gets three times the miles per gallon of had been used in all of previous his- world should be doing now and would the SUV; and there were two people in tory. That is really different now. This be doing in a post-oil world. it; so that means that miles per gallon slope you can see is very much less Well, Hyman Rickover talked about per person was six times better in the than this slope. So this was kind of a 8,000 years of recorded history, and he Prius with two people in it than it was blessing in disguise, because it woke us said that the age of oil would be but a in the SUV with one person in it. And up, and we now have a much lesser blip in the history of man. I only have the Prius is a very comfortable vehicle, challenge than we would have had if we here about 400 years of that 8,000 years; and riding with someone else makes not had those oil price spikes and that but if you went back to the rest of the the trip to work more enjoyable. So, little recession in the 1970s and this 8,000 years, it would be flat because we we have lots and lots of opportunities call to arms that resulted in a lot of use very little energy. Here is the in- to increase our efficiency. equipment that is now a whole lot dustrial revolution beginning with The next chart is an interesting one, more efficient. wood; and then we have coal; and, boy, because there are a lot of people who The next chart is a fairly recent did it take off when we found gas and believe that somehow we are going to statement by Shell Oil Company CEO oil.

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00065 Fmt 0687 Sfmt 0634 E:\BR08\H01MY8.002 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7552 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 May 1, 2008 This is the same curve that you have this part of the world, but notice we 30-SOMETHING WORKING GROUP seen before, by the way. This is the dip get most of our oil from Canada. Our The SPEAKER pro tempore. Under in the 1970s in the lesser slope now. third largest producer of oil is Mexico. the Speaker’s announced policy of Jan- Here, we have compressed abscissa and Together they have about as much oil uary 18, 2007, the gentleman from Ohio expanded the ordinate, so now we have as we have. Canada doesn’t have very (Mr. RYAN) is recognized for 60 min- a very sharp curb compared to the very many people, and they are too poor in utes. gradual one we have been looking in Mexico to use the oil and so they can Mr. RYAN of Ohio. Mr. Speaker, I ap- the past. export the oil. But this speaks again to preciate the opportunity to once again If I superimposed on this a graph of the geopolitical challenge that we face. start our 30-Something hour. We will The last chart, I just wanted to look population growth, it would explode be joined later by Congressman MEEK 1 at the sources from which we are going from roughly ⁄2 billion here, following from Florida to talk about the issues of this up almost exactly to the nearly 7 to get liquid fuels. I have argued that the day and how what has been hap- billion people we have in the world because we face this huge challenge in pening here in Congress affects what is today. the future, and because it is going to be going on to young people, but not lim- very difficult to produce as rapidly as This reality, as the next chart shows ited to just young people in the 30- we would like to, the liquid fuels to re- us, introduces us to a very challenging something bracket, but also to young place what won’t be there as we slide geopolitical reality. We have 2 percent people in college, young people in their down the other side of the world, of the world’s reserves; we use 25 per- 20s, young people trying to figure out Hubbert’s peak, that it would be nice cent of the world’s oil; we import al- how they are going to make their way to have in reserve a little bit of the oil most 2⁄3 of what we use. We pump four in the American economy in the 21st we know that is out there which is why times faster than the rest of the world. century. We produce, from our 2 percent, 8 per- I have not been enthusiastic about As we know, Mr. Speaker, we have drilling in ANWR or offshore or on our cent of the world’s oil production. So, been given many challenges over the public lands. we are pumping and our more wells past few years here in Congress dealing Maybe it is because I have 10 kids than all the rest of the world put to- and 16 grandkids and two great- with many of the issues that face gether are working. We are pumping grandkids. And I came to Congress be- Americans. down our reserves faster. We represent Since Speaker PELOSI took over a cause I was afraid that my kids and short time ago, we have been com- a bit less than 5 percent of the world’s grandkids weren’t going to live in the mitted, since this Congress was taken population, one person in 22, and we same kind of country that I grew up in. 1 4 over by the Democratic Party, we have use ⁄ of the world’s energy. I thought we had too much govern- been committed to push initiatives The next chart speaks a little more ment, it taxed too much, it regulated that are consistent with the values to this geopolitical challenge that we too much, and it spent way too much. face. If you look at the top ten owners I would just like for my kids and my that we hold dear in the United States of oil, that is the bar on the right here, grandkids and great-grandkids to have of America. We hear a lot of rhetoric it is mostly countries that own it: the same opportunity I have had, and about values in this country, but if the Saudi Aramco, National Iranian Oil, energy is so important in our world. So policy initiatives that come out of this Iraqi National Oil, and so forth. I have been resistant to immediately beautiful building in Washington, DC b 1745 drilling in ANWR and offshore and on do not reflect our values, then we are our public lands because it is like in the wrong business. And Luke Oil which is kind of private And I am proud to say that since we in Russia has only 2 percent. These are money in the bank that is yielding huge interest rates. I don’t think you have taken over here, we have shifted the top ten. course from policies that many Ameri- If you now look at the top ten pro- ought to rush to the bank and pull it out and spend it. It will be even more cans believe have taken us in the ducers of oil, they are really big guys: wrong direction. And many of us still ExxonMobil, Royal Dutch, BP. They valuable later. We will get a little of this and a little believe, even those of us here think we produce only 22 percent of the oil. Most of that. There is no magic bullet out have made a shift in policy, but it has of the oil is produced by countries there. I am sure everybody is familiar been difficult with the President to try rather than companies. with what happened with corn ethanol. to get a complete pivot out of the The next chart speaks further to this We are using so much corn for ethanol, months and months and months and geopolitical challenge that we face. it has raised the price of food around years and years and years of bad pol- This shows what China is doing around the world. Farmers have diverted land icy. the world. The dollar signs indicate from wheat and soybeans to corn. Rice So I think it is important before we where we own some oil. You don’t see harvests are down. Costco, I under- talk a little bit about what we have very many of them here. This symbol stand, will sell you only one bag of rice done is to go back and think about indicates where China owns oil, a lot of now. what we are trying to come out of, it in Russia. Notice they have bought Mr. Speaker, let me close by saying I some of the challenges that this coun- up oil all over the world. am kind of exhilarated by this. There try faces. I think it is important to The next chart speaks again to this is no exhilaration like meeting and recognize politically that from 2000 geopolitical challenge that we have. overcoming a big challenge, and I until 2006, the Republican Party con- This is what the world would look like think America is up to this. With lead- trolled the House, controlled the Sen- if the size of the country was relative ership, I think we can once again be- ate, and controlled the White House. to the amount of oil they have. Very come an exporting country. We have They had an opportunity to implement interesting. Saudi Arabia dominates the technology and the know-how. We their policy—the neoconservative for- the landscape. They should, they have are the most innovative, creative soci- eign policy, the conservative domestic 22 percent, more than a fifth of all of ety in the world. I think when America policy, the conservative energy policy, the oil in the world. Iraq, Kuwait, and understands this challenge, they will the conservative higher-ed policy in you have to get a magnifying glass to be up to the challenge, and America America, the conservative ‘‘compas- see the United Arab Emirates on a will lead the world in moving from fos- sionate conservative’’ agenda on pov- map. Russia, not a giant compared to sil fuels to renewables. erty and inequality—has all been im- the others, but they are an aggressive I think I will be here a week from plemented. pumper of oil. I think they are now the today, and what I want to do at that So when we talk about what will it number two producer of oil in the time is spend most of the time talking look like if the conservative agenda is world. about realistic expectations from all of implemented, I think that is a false Venezuela, it dwarfs our part of the these alternative sources of liquid analysis of what will it look like. I world. Bigger than everybody else in fuels. think we know. I think what we are

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00066 Fmt 0687 Sfmt 0634 E:\BR08\H01MY8.002 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 7553 living with here today is the imple- money and we get ourselves into this But behind the scenes, our friends on mentation of the conservative Repub- war in Iraq at $12 billion a month, that the other side and President Bush are lican agenda. They controlled the is soon approaching a trillion dollars very happy to give the oil companies 14 House, they controlled the Senate and for the cost of the war, and some or $15 billion in oil subsidies, in energy the White House. The Bush tax policy, economists are saying at the end of the subsidies. the Bush energy policy, all of these war, the grand total will be $3 trillion. Now, can you imagine, and today things that I have already mentioned Now from Youngstown, Ohio, and when you go to the gas pump and you have been implemented. Niles, Ohio, and Akron, Ohio, the folks pay $3.50, $3.75, $4 for a gallon of gas. And if you want to know what it that I represent are not really com- You think you’re frosted just filling up looks like, all you really need to do is fortable with the United States taking the tank. Think about the fact that go to the gas tank. You need to get their tax dollars and paying interest on President Bush said that he will veto your health care bill and see what your money they are borrowing from the any bill that comes out of this House premium and the costs look like. You Chinese so that the Chinese can build that repeals the $15 billion that’s going need to pull out the stub of your child’s manufacturing facilities and manipu- in corporate welfare to the oil compa- tuition. All of these things are the end late their currency and ship the prod- nies. result of the Republican domestic ucts back to the United States and put Now, can you imagine, in this day agenda being implemented here in the American workers out of work. and age, where Exxon’s profits are United States of America. You may not through the roof, that the President of b 1800 like it. I know a lot of Republicans, Mr. the United States says he will veto a Speaker, who don’t like it, but that is Now, there’s something ironic about bill that strips the corporate welfare where we are. what’s happening there. And there’s out? And if you look at the financial situ- really something sick, Mr. Speaker, They’re making tremendous profits. ation that this country has been put in, about what’s happening here. And when And what we have tried to do on the the straightjacket that we have been you look at the polls and you hear peo- Democratic side, and Speaker PELOSI put in that a lot of the changes that ple say that 70 percent of Americans has tried to do, is to take that 14 or $15 the Democratic Congress wants to think that we’re going in the wrong di- billion away from the oil companies, make that we are at this point unable rection, the President has an approval away from the energy companies, and to make because of the financial posi- rating of 28 percent, and the other 72 invest that money into alternative en- tion that we have been put in as a percent do not approve of the job that ergy research; into wind, into biomass, country and as a Nation, the fact of the he is doing, you have to ask yourself, into solar. matter is this: President Bush, Mr. what is wrong? What is wrong? What is Now, we all know that these alter- Speaker, and the Republican Con- going on to have this dramatic breach native energy forms, there’s not one gresses that were under his watch bor- in the American body politic? silver bullet. There’s not one project or rowed more money from foreign inter- And so, when Speaker PELOSI, and product that’s going to come out and ests than every President and Congress when we ran our elections in 2006 to save us all and be a panacea for the en- before President Bush combined. come and take over Congress in 2007, it tire United States of America and the Now think about that. In just those became imperative for us to try to world. We know that. few years, President Bush and the Re- pivot and shift this thing in another di- But Americans invent things. Ameri- publican Congress borrowed more rection. So one of the issues is make cans make things better. Americans money from foreign interests than sure that we pay for programs that we take a challenge and a problem and every President and Congress before have here in the United States. No def- they fix it, and they solve it. They put them combined. The Republican-con- icit spending. the best and the brightest people that trolled Congress and President Bush Now, we’ve had problems, especially we have in this country, and they set a raised the debt limit five times and with the war, because we’re committed goal. borrowed $3 trillion primarily from over there. And it’s been very difficult. I’m not going to go do the research. Japan, China, and OPEC countries. We’ve tried to get out. President Bush certainly isn’t going to Now you want to talk about a scam The President has vetoed every at- go do the research. We’ve got a couple going on and a shell game, we have a tempt we’ve ever tried to make. But of rocket scientists that belong in this situation where we are borrowing we’re trying to establish public policy body that have been elected by their money from oil-producing countries to in the United States of America that constituents here that may be able to basically give us money to go out and represent our values. actually do some of the research. But, buy their oil, or to borrow money from And if you look at what we have for the most part, our job here is to set oil-producing countries and from China pushed coming out of this body, I think the public policy and provide the re- so we can fund a war at $12 billion a most Americans would agree, these are sources and the leadership for the month and put it on the credit card. some pretty basic steps that we want country. And that’s what we’re trying Now that seems to me the definition of to take. First thing we did when we got to do is to say, invest into the Depart- insanity, Mr. Speaker. Three trillion in is raise the minimum wage. For the ment of Energy, partner with energy dollars, and this is as simple as your first time since 1997, the American companies. house payment or your car payment. worker got a pay raise. It wasn’t much. We know you’re not going to get rid You borrow money and you have to pay It should be a lot more. But we did of oil overnight. Many of us believe nu- interest on it. what we could. And we said, this is a clear has a major role in what’s going So countries like China will get the priority for us. 10 years without an in- to happen here. But the bottom line is, interest that the United States is pay- crease in the minimum wage, but let’s make an investment into the ing on the money that we have bor- health care and energy and all of these United States, into the people, into the rowed, and the Chinese will take that other costs are going up for folks. Let’s human resources that we have here to money and they will sink it into devel- try to lift some people up, reward figure out what we’re going to do, and oping and industrializing their own work. And we did that. then get the private sector and private economy. And they are putting up nu- We have switched and tried to repeal enterprise to partner with us to get clear plants so they have nuclear en- the oil subsidies, corporate welfare, this thing kicked off. ergy. And they are building roads, many of us know it as corporate wel- It is crucial for us to reduce our de- bridges and industrial parks. And they fare. Everyone hates welfare if we’re pendency on foreign oil, crucial be- are funding their military and their giving it to poor people. They should cause we can extract ourselves from a navy. That is what they are doing with go to work. They should work. This is lot of these political situations that we money that the United States is bor- America. We should not give welfare. find ourselves in. In a lot of the global rowing from them. And we take the That’s the rhetoric that you hear. politics that we see and read, if you

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00067 Fmt 0687 Sfmt 0634 E:\BR08\H01MY8.002 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7554 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 May 1, 2008 read between the lines and you think And I’m not here, Mr. Speaker, Mr. fiscally responsible, after running up $3 for yourself, you will see that there is MEEK, to say that government some- trillion in debt, borrowing it from some kind of energy component behind how has all the answers. But we do Japan and China and OPEC countries? this, behind the politics that are going have a role to play in stimulating the When you’re deciding on where your on, the geopolitics that are going on. economy, Mr. MEEK. And when we do philosophies are, what your values are, And if we can become dependent on the that, we will allow the private sector this is the issue. This is the defining Midwest instead of the Mideast, I think to come in. issue. Health care for kids, $12 billion a this country will remove itself from a So we need to do what we need to do month in Iraq. Tax cuts for people who lot of the problems that we have had, with alternative energy research. We make billions of dollars a year, health and we could help move this country need to do what we need to do with care for kids? forward. And that’s what we are com- high speed rail. We need to do what we This is clear. And our job, as rep- mitted to doing here in the United need to do with broadband access. resentatives of the people, Mr. MEEK, States. These are the things that government and I’ll kick it to you here in a second, And just today, or yesterday, out of has a role in, infrastructure, education, is to make sure that we bring some eq- the Education Committee, GEORGE health care. These are the things that uity into this system. MILLER, who’s the Chair of the com- we need to invest in. And that’s what And I will say this. The investments mittee, they passed an authorization, I we’ve been trying to do in the area of that we have made, or tried to make on think, of $6 billion, if I remember cor- health care. SCHIP, the minimum wage, alternative rectly, to help schools, new schools. One of the things that, I mean, you energy, the fact that we did pass, and There’ll be a formula to make sure can’t really find a better example or il- the President did sign a $1,000 increase that the school is green. So now, you’re lustration of a difference in values in Pell Grants over 5 years, for stu- providing some leadership for the com- from Speaker PELOSI and President dents, and we cut the student loan in- panies that will provide the products Bush on this one issue. It’s the issue of terest rate in half, from 6.8 percent to for a school or a building to become state, the State Children’s Health In- 3.4 percent. So if you are going out try- green. There’ll be a little bit of a stim- surance Program. When we came in, ing to borrow for your kids, your inter- ulation. one of Speaker PELOSI’s priorities was est rate is cut in half. And I want to tell one quick story to provide leadership and resources for Those are the priorities that we push that I found interesting. We have a the State Children’s Health Insurance every day here on this House floor. gentleman here in Congress, his name Program. Those are the priorities that are going is JIM OBERSTAR, and he’s the Chair of This is a program that would provide to lead to an expansion of our econ- the Transportation Committee. He’s health care, Mr. MEEK, for 10 million omy. been here since the late 1970s. children of modest income, didn’t quite We only have 300 million people in And I may miss a few of the facts qualify for Medicaid, middle class kids, here, but the point can be made that in middle class families struggling to pro- this country, Mr. MEEK. There’s 1.2 or the late 1970s, when he was a Member vide health care. This was to fill that 1.3 billion in China, 1.2 or 1.3 billion in of Congress, and President Carter was gap. Bipartisan support here in the India. We only have 300 million. And in, he was trying to—the solar panel, House, and in the Senate, tremendous the philosophy of our party is to make there was some money put into the De- support. sure that we invest into those 300 mil- partment of Energy to research and de- So it passed the House, passed the lion people, to make sure they’re edu- velop alternative energy sources. And Senate, President Bush vetoed it. Now, cated and they’re healthy. And I feel something popped out of that, it was can you imagine where your priorities like if we make sure our kids are edu- called the solar panel. are when you’re willing to spend $12 cated and healthy, that most every- And Mr. OBERSTAR had a piece of leg- billion a month in Iraq, and you won’t thing else will take care of itself. islation that said we need to retrofit sign a children’s health care bill to pro- b 1815 all Federal office buildings in the vide health care for middle class citi- That’s where we are. That’s the agen- United States with solar panels. And zens at $35 billion over 5 years? da we’re pushing. by the Federal Government coming in But you’ll spend 12 billion a month in Mr. MEEK, I appreciate the fact that and buying the solar panels, it will Iraq and not even ask a question as to you’re taking time away from your stimulate the solar panel market be- where the money’s going. There’s bil- cause the Federal Government is such lions of dollars that are lost in Iraq, busy schedule and family to come down a big consumer, and just like buying nobody knows where they are, Mr. here, and I would like to yield to my pens and everything else, and it will Speaker. Nobody knows where that very good friend from Florida. drive the cost down of the solar panels. money is. Mr. MEEK of Florida. Well, Mr. So that was in 1977, 1978. And we struggle to find $35 billion to RYAN, I want to thank you for sharing In 1980, when President Reagan came provide health care for modest income not only thoughts about the Members, in, he completely eliminated that part families. That investment that, at the but also reminding them of the work of the Department of Energy that was end of the day, will probably save us that has been done and work that needs providing that research and, basically, billions of dollars because these kids to be done here on this house floor. nothing happened. And he has now won’t go right to the emergency room. I can tell you, Mr. RYAN, that it’s went from a rank and file member; Mr. They’ll have some preventative care. very frustrating at times to hear and OBERSTAR is now the Chair of the That will save us money in the long see some of the finger pointing that Transportation and Infrastructure run. And the President vetoed it. And goes on not only here under the Capitol Committee. So he now has this bill he vetoed it. dome, but here in Washington, D.C. that he reintroduced, told his staff to And in the Senate, 80 Senators The work that this 110th Congress has go back and get his notes from 30 years overrode the veto. But in the House, we done overshadows the work of the 109th ago about what he wanted to do with could not override the veto because a Congress as it relates to accomplishing solar panels. handful of Republicans on the other things on behalf of the American peo- Now, can you imagine how far behind side were committed to support the ple. And I am very concerned about the the 8-ball we are? When you look at President in his position. fact that Members seem to get a little production of solar panels, it used to be Now, can you imagine that? In the amnesia on how we got to where we are an industry that the United States ex- wealthiest country in the world, the now. celled in and that we had a great share dominant super power, we can’t scrape Last week, I had a chart on the floor of the solar panel market in the early up $35 billion over 5 years to provide here. I don’t know what happened to it. 1990s. But now, we have been surpassed health care for middle class kids? I’m not accusing anybody of anything. because we have not made the invest- And the President thinks he’s taken But I was driving the point home of the ments. a stand on this issue and saying he’s colleagues on the other side about gas

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00068 Fmt 0687 Sfmt 0634 E:\BR08\H01MY8.002 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 7555 prices and writing the Speaker a letter have to hold that as our number one I met with some independent fran- saying, What are you going to do? You priority. chise owners of KFC and Taco Bell es- promised a year ago that you would do Now, let me just mention just a few tablishments, and they were talking something about it. What are you things, Mr. RYAN, because I’m not about the cost of food and ingredients. going to do? What are the Democrats going to try to get excited on this issue One gentleman told us about the fact going to do? The Republican leadership today because if I do, I may miss some- that his sales are down because Amer- wrote, We stand firm to be with you as thing. And I don’t want to miss any- ican people cannot afford to go into, it relates to doing something about en- thing because the points have to be what you may call these restaurants ergy prices or gas prices. made. where you can get a meal under $10, And it’s interesting because these are And I think it’s important, Mr. RYAN, they can’t afford to do it as often as the individuals who, especially on the as we look at this, and Members, Mr. they have done it before. Hopefully, the Republican side, were a part of sup- Speaker, that when we look at the checks and the stimulus package will porting and standing up the 2001 plan work that has been done in this Con- be able to assist. Not only we’re not and the meeting that took place in the gress this week, sending four key bills talking about going out and buying a White House with Mr. CHENEY and a to the President for his signature, and meal but to be able to provide for their number of energy companies, which I we really don’t have a lot of time to families will help stimulate this econ- think was one of the most profitable wait and see if he’s going to do some- omy to help drive down the cost of food meetings for the oil industry because thing because when you look at it, you and the costs that many small busi- they have just hand-over-fist made have to look at the highway bill, the nesses need to survive. money since that meeting. And even bill that allows competition for impor- Now, I think it’s also important, today I think it was projected or it was tant highway and transit projects out- Members, that we look at it from an- announced that it’s another record- lined in the 2005 highway bill which other standpoint, a standpoint of what breaking quarter for oil companies will help promote 40,000 new good-pay- farmers are having to look at. while Americans pay through the nose ing American jobs in transportation We had a hearing here on Capitol Hill and small businesses pay through the and construction. I think it’s impor- today that talked about food versus nose for fuel. tant that people understand that this fuel, and the price of food costs, how I couldn’t help but be on I–75 in Flor- bill will help stimulate the economy are we going to bring a balance be- ida on my way back to Miami from St. versus slow it down. It’s important tween biofuels and how we’re going to Petersburg about 3 weeks ago and that the President signs this. feed the American people in the world stopped at a Pilot gas station. And I When you look at the other pieces of through our crops that are here. And was driving my uncle’s truck, and the legislation that have passed, these are that’s going to be an interesting dis- guy asked for my ID and credit card bills that are key bills, ensuring con- cussion, especially as we start looking and all of those things. And I said, tinuing access to student loans, the at shifting from the Middle East and Goodness. I had to give my ID. I was Student Loan Act. This is a critical investing in Middle Eastern countries paying with cash. I said, This is inter- bill that provides students and families as it relates to energy versus the mid- esting. I am paying with cash and I with continued uninterrupted access to west. And we talked about that, Mr. Federal guaranteed student loans. have to show you my ID. RYAN and I talked about that a lot the He said, Well, sir, we have had an up- We’re talking about not only this gen- previous two Congresses. tick in truckers in filling up and pull- eration but the next generation and But when we started looking at legis- ing out without paying. I said, Wow. working families being able to afford lation and ideas that will give Amer- That’s interesting. I mean with all of higher education. ican people relief now, I think it’s im- the tags and identifying markers iden- Traumatic Brain Injury Act of 2008. portant that we look at the letter that tifying the company or the private- It comes down to many of our men and the Speaker sent regarding the Stra- owned companies. And he said, I can women that are in uniform over in Iraq tegic Oil Reserve that will bring the tell you something—of course, he saw and Afghanistan with explosions that price of gas down 5 to 24 cents. me and didn’t think that I was any- take place and the fact that many of thing like a congressman or anything— them are affected by the blasts that I think it’s also important to look at but he said, Times are hard out there. take place with these IEDs. They will measures that we have passed here in I mean, these guys, they can’t afford to join some 5.3 million Americans that Congress and that many of our friends fill up their truck and make a profit are affected here at home by the same on the other side of the aisle seem to and be able to support their family. thing. And the Congress has passed this be standing up in the middle, which we Not justifying it, but he said, The high- to provide the kind of funding that’s call the ‘‘policy door,’’ not allowing us er gas goes, the more protection that needed so they can get the treatment to be able to send good pieces of legis- soon we’re going to have to have some- that they deserve. We look forward to lation to the President without the one out there getting tags or doing the President signing it. President knowing that he has enough some sort of check to make sure that But as we look at issues such as en- Republicans on this floor to withstand they actually put in the amount that ergy and fuel, I think it’s important an override. they paid for. that we talk about some of the things, Now, there were four bills, and I’m Saying all of that, that’s the reason Mr. RYAN and Mr. Speaker, and I know going to turn it back over to you, Mr. why, during the self-service days: Pay you mentioned something about this RYAN, which was an OPEC bill that we first, then pump. whole gas thing because this is hitting passed that was dealing with—well, a I’m saying all of that to make the home for many of us. NOPEC bill was dealing with not allow- point that times are hard out there. We The Speaker, last week, called on the ing OPEC oil companies to be able to know. Bread is $3 a loaf. We know this. President to suspend the purchase of price gouge Americans, and it allowed The fact that rice, even if you go to oil for the Strategic Petroleum Re- the Justice Department to carry out Costco now you can’t buy a 50-pound serve temporarily. When you look at even more enforcement efforts against bag of rice. I mean, it’s like being ra- this issue, you have to look at it from these, what we call, cartels. tioned, in a way. And just the price of the standpoint of bringing gas down. Price gouging, also renewable energy food all over the world has really ex- What the Speaker has asked for would and the Energy Security Act, a number ploded. actually bring the gas prices down to 5 of our Republican colleagues on the Saying all of that, Mr. RYAN, I think to 24 cents a gallon. This is a critical other side, as you can see this piece of that when we start looking at our work first step, Mr. Speaker, towards bring- paper here, voted ‘‘no.’’ And I think it’s here in Congress, now more than ever, ing gas prices down so the American important, especially amongst the Members, we have to hold first the people can hopefully afford to put gas leadership, it’s important that we no American people and their will, we in their tanks and small businesses. longer have that kind of activity going

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00069 Fmt 0687 Sfmt 0634 E:\BR08\H01MY8.002 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7556 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 May 1, 2008 on when the American people are look- But let me just say real quickly that ference and the disparity in the cost of ing for some relief and looking for we look at common sense and we look gas between what our troops and civil- some enforcement. at the needs of the American people. ian personnel have to pay for a gallon Something is not right. Something is They want to know what’s happening. of gas there and what everyday Iraqis not clean in the milk. Something Every time they look at that gas price pay. doesn’t smell right when it comes down board that’s in front of the gas station So when we look at it from the big to why gas continues to go up and up they’re thinking about, who’s running picture, Mr. RYAN, we have to look at and up. the government? They’re thinking it from the executive branch level. And And it’s amazing. There’s an uproar about, who’s overseeing this? Who’s in I think it’s important that the Presi- about gas, and then it will go down for a magic room somewhere pushing up dent looks at all of this and takes it all a minute, then it will be back up some these gas prices? And I think it’s im- into consideration. But we do need 20 to 15 cents a gallon on top of what it portant that we understand that it’s some action. used to cost. bigger than a debate, that this is really We talk about a commonsense ap- So I think, Mr. Speaker and Mem- dealing with folks having to park their proach—I said it earlier, I’ll say it bers, we need to pay very close atten- car. This is dealing with folks who are again—on the No Oil Producing and tion to what is happening on this en- going through some real hard times. Exploiting Cartels Act, I think it’s im- ergy issue but also pay attention to And we have to make sure that we portant that we see the passage of H.R. what is getting done. And we’re doing a stand up for them. 2264 that has passed this House. And lot here. We’ve seen a lot. Now, the President may wait a little the Republican leadership has voted We’ve sent a lot of good legislation to while and say, well, I’m not going to do against. When you look at the Energy the President. We hope the President what the Speaker asked to do, sus- Price Gouging Act, you have to look at will sign the legislation versus vetoing pending filling the Strategic Reserve, it for what it’s worth. And this legisla- to make a point that is pointless when I’m not going to do it. Maybe he may tion will reduce the burden of rising it comes down to the forward progress do it now, I don’t know. The first quar- gas prices on American families by pro- of the American people. ter report has come out on the oil reve- viding immediate relief to consumers Mr. RYAN of Ohio. When you look at nues. Maybe that may happen, I don’t by giving the Federal Trade Commis- what the Speaker has been asking the know. I’m not saying that that’s the sion authority to investigate and pun- President to do now for weeks, possibly motivation, I’m just saying that the ish those who artificially inflate gas months, to suspend filling the Stra- American people need some relief and prices. I mean, I want that, I want it tegic Petroleum Reserve, we have this they need it now. And hopefully they bad to be honest with you, because I reserve in the United States that a cer- will be able to get it sooner than later think it’s important that if we have tain amount of barrels of oil go in a because we’re having folks, from rising these commissions and we have those day. And this is to make sure that in food costs, rising energy costs, finding enforcement agencies, give them what case of a crisis, we have oil for national themselves in a situation where they they need. defense purposes and so forth. This is can’t even afford to drive to work or to Right now, as far as I’m concerned, oil that’s going in every day. get their children to school. the Federal Trade Commission is like a The Speaker, based on the history Also, Mr. RYAN, as I spoke before police officer in a high-crime area and what the experts and the econo- about our friends on the other side of without a weapon. And I can tell you, mists are telling us, is that if you di- the aisle, our Republican leadership, there will be no real enforcement there vert that oil that’s going in to the pe- we definitely want them to work with if they don’t have the tools that they troleum reserve and you allow that oil us as it relates to driving these energy need to be able to enforce the law when to be purchased on the market, that it costs down and then going after the in- it comes down to it. will drive down the cost of oil. dividuals that may have something to Renewable Energy and Energy Con- do with jacking up the price on the servation Act of 2008, H.R. 5351, very 1830 b American people. Last week, I talked important piece of legislation. The bill And this will lead to a savings at the about the fact that a gallon of gas in has ended unnecessary subsidies to oil pump of about 25 cents per gallon be- Iraq costs, I believe it was between companies in which we’re investing in cause there will be an increase in the $1.30 and $1.55. Here in the United clean and renewable energy. And I supply of oil in the market and it will States, it costs a lot more. And we all think it’s important that Americans drive the cost down. know what those costs are, people are understand, and also, Mr. RYAN, that Now, we’re not sitting here saying reminded every day when they have to every Member of Congress understand, that this is the magic wand we’re going go to the pump. I have constituents that none of the legislation that I’ve to waive and everything’s going to be that are putting something on it every mentioned thus far would have seen fine. But what we are saying is, when day. When I say ‘‘putting something on the light of day if it wasn’t for the you implement this and you take some it,’’ they can’t afford to fill their whole 110th Congress and it wasn’t for Demo- of the pressure off, you can save almost tank up. They’re putting in $5, $6, crats allowing it to come to the floor. $6 a barrel and 25 cents at the pump. So whatever the case may be, and just get- Mr. RYAN of Ohio. Absolutely. And I if you are a truck driver, Mr. MEEK, 25 ting less than a gallon and a half of gas think you’ve made some great points, cents, when you’re putting 20 or 30 gal- because that’s all they can afford. And Mr. MEEK. lons in, adds up when you’re spending especially for those individuals that I just would like to say that, if you your life driving. And throwing the have stepped over their budget, taking listen to some of our friends on the kids in the back of the mini van or fill- the credit card out, filling it up with a other side talk about gas prices, here is ing up the truck and going back and credit card. That soon adds up because a party, Mr. Speaker, and an adminis- forth, this is a significant savings. And it’s not within their budget to pay the tration for 6 years—and the President the Speaker has been pressing the $24 or the $50 they have to pay on these and the Vice President being oil men— President to make this move and put credit cards. not doing a thing on energy, depend- this oil back into the market, Mr. But I go back to say that fuel in Iraq ence on foreign oil, so on and so forth, MEEK, but hasn’t had any success at is a lot cheaper than it is here in the to somehow accuse the Democrats of all. United States. And the U.S. military is not addressing the issue, and com- I yield to my friend. spending in the neighborhood of $3 and pletely oblivious to the fact that we’re Mr. MEEK of Florida. Mr. RYAN, I change in filling a gallon of gas in the the ones passing legislation to crack agree with everything you just said, same country. So when we start look- down on price gouging, Mr. MEEK. outside of throwing the kids in the ing out how we’re helping Iraq and how We’re the ones that are passing legisla- back of the mini van; us parents, we Iraq is assisting and appreciating our tion to hold OPEC accountable for don’t do that. help, we also have to look at the dif- price fixing. It’s the Democratic Party

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00070 Fmt 0687 Sfmt 0634 E:\BR08\H01MY8.002 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 7557 that’s repealing the subsidies to Big Oil Mr. MEEK of Florida. Nothing wrong other initiative that the Democrats so that we can take that money and in- with that at all. have tried to push for a new G.I. Bill, vest it into alternative energy sources. And I also believe, Mr. RYAN, that for free college for our vets, opposed by It’s Speaker PELOSI that’s calling on through the hard work of not only the Defense Secretary Gates, opposed by the President to take the barrels of oil staff here that provide us with not only the administration. This is an oppor- that are going into the Strategic Pe- the information that we use to fight on tunity for us to thank those men and troleum Reserve and put those in the behalf of the American people, but also women who are serving our country to market to drive down gas by a quarter, when we go back to our districts, what say, when you get out, you’re going to that’s something easy we can do. But it we hear from our constituents, we give have free college tuition anywhere in is the President and the Republican them voice, we are them. We are rep- the country. And I think that’s a small Congress, Mr. Speaker, that have con- resentatives of the various parts of the gesture. country that we’re from, and it’s im- sistently vetoed these bills or put the b 1845 kibosh on them in the Senate, blocking portant that we bring that level of lower prices every step of the way. frustration here. And once again, I think the President And if you look at what we have done Speaking of small business men and and our friends on the other side are here, pushed by the Speaker, to have women, they own a pick-up truck or an out of step with what the American fuel efficiency standards being raised SUV, we hear from them, Congress- people think we should be doing. It’s for cars and trucks, we will reduce oil man, it cost me $105 to fill my truck one thing to wave the flag, and it’s an- consumption by 1.1 million barrels per up. And they’re still trying to sell their other thing to put your money where day in 2020. This is forward-looking. products for the same price, just a lit- your mouth is. This is something that will save con- tle bit more. Everything is going up, So, Mr. MEEK, I want to thank you sumers between $700 and $1,000 at the up, up, and they’re getting priced out. for the opportunity to join you here on pump in 2020. Now, we know that’s not And I think it’s important, even from this beautiful Thursday evening in addressing the issues today. We’re my neck of the woods in Florida, where Washington, D.C., and I look forward talking about the Strategic Petroleum you have bagel shops, some of them to coming down here with you next Reserve. We’re talking about cracking have gone so high up on bagels because week and continuing to make the case down on OPEC. We’re talking about of the cost and folks can’t afford them. for the programs that Speaker PELOSI cracking down on price gouging that So when you look at it, this is a and Majority Leader HOYER and Mr. may be going on in the United States major, major issue and every American CLYBURN and RAHM EMANUEL and JOHN and our local communities. These are is being touched by it, especially for LARSON are pushing in our caucus. the short-term issues. And each one those middle class families and for These are the issues that we care about has been opposed by the Republicans those individuals that are what we call and we’re going to continue to push. and has been opposed by the President our working poor. And so, Mr. RYAN, f of the United States. every day we come to the floor I think SPECIAL ORDERS GRANTED So when you ask the folks at home, it’s important we give light to that. Mr. Speaker, what the Congress has I also want to give the numbers on By unanimous consent, permission to done, the answers are here. And if any- Iraq, as I always do. As of today, May address the House, following the legis- body wants to know what they are, 1, in Iraq, the total deaths are 4,064. lative program and any special orders they can go to the Speaker’s Web site. The total number wounded in action heretofore entered, was granted to: Trying to stop price gouging at the and returned to duty, 16,567. And total (The following Members (at the re- pump, price manipulation from OPEC, number wounded in action not return- quest of Ms. WOOLSEY) to revise and ex- divert the oil that’s going into the ing to duty is 13,344. Mr. RYAN, you tend their remarks and include extra- Strategic Petroleum Reserve, that’s know, every time I come to the floor I neous material:) what we’re trying to do here. Repeal like to read that into the RECORD so Mr. SKELTON, for 5 minutes, today. the subsidies for Big Oil and put that that Members will understand our re- Ms. WOOLSEY, for 5 minutes, today. money and invest it in alternative re- sponsibility of trying to bring the Mr. DEFAZIO, for 5 minutes, today. search. Mr. Speaker, these are the poli- super majority of our men and women Mr. SCHIFF, for 5 minutes, today. cies of the Democratic Congress. And home. f each one of those has been opposed by One last point, Mr. RYAN. I think SENATE BILL REFERRED that when we look at this issue called the Republican Party and opposed by A bill of the Senate of the following the President of the United States, pe- public service, and I’m speaking to all of the Members, we have to look at it title was taken from the Speaker’s riod, dot, Mr. MEEK; period, dot. table and, under the rule, referred as So let there be no mistake, when from the standpoint that we’re only follows: common sense tells you we have a cou- here for a short period of time. Less ple of oil barons running the executive than 11,000 Americans have actually S. 1760. An act to amend the Public Health had an opportunity to serve in this Service Act with respect to the Healthy branch, Mr. Speaker, and the Demo- Start Initiative; to the Committee on En- crats are trying to push these initia- U.S. Congress. And every day Members ergy and Commerce. tives to provide some relief for the should take the responsibility to treat f common good and the common folks it as though it is their last day to serve that we represent and it’s opposed by and not put something off for another SENATE ENROLLED BILL SIGNED the Republicans and opposed by this day or another week or another month, The Speaker announced her signa- administration, it’s important for us to because there are people out there that ture to an enrolled bill of the Senate of set this record straight, Mr. MEEK. are counting on us and depending on the following title: So as we begin to wrap up here, Mr. us, as it relates to bringing about S. 2954. To amend Public Law 110–196 to MEEK, I would like to yield to you. health care to their children, bringing provide for a temporary extension of pro- Mr. MEEK of Florida. Well, Mr. down these fuel costs and energy costs, grams authorized by the Farm Security and RYAN, I look forward to next week. I and also making sure that we’re able to Rural Investment Act of 2002 beyond May 2, look forward to the hearings that will stimulate this economy in the right 2008. take place under the Dome. Again, de- way. f mocracy will reign. We will be able to So with that, I would yield back to continue to move in this new direction Mr. RYAN. ADJOURNMENT that the American people want us to Mr. RYAN of Ohio. Well, I appreciate Mr. MEEK of Florida. Mr. Speaker, I move in. that. And you brought up those who move that the House do now adjourn. Mr. RYAN of Ohio. What’s wrong are serving here. And I think it’s worth The motion was agreed to; accord- with that? noting that the veterans measure, an- ingly (at 6 o’clock and 46 minutes

VerDate Mar 15 2010 14:51 Nov 16, 2010 Jkt 069102 PO 00000 Frm 00071 Fmt 0687 Sfmt 0634 E:\BR08\H01MY8.002 H01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7558 CONGRESSIONAL RECORD—HOUSE, Vol. 154, Pt. 6 May 1, 2008 p.m.), under its previous order, the rule — Fisheries of the Exclusive Economic H.R. 5937. A bill to facilitate the preserva- House adjourned until Monday, May 5, Zone Off Alaska; Reallocation of Pacific Cod tion of certain affordable housing dwelling 2008, at 12:30 p.m., for morning-hour de- in the Bering Sea and Aleutian Islands Man- units; to the Committee on Financial Serv- bate. agement Area [Docket No. 071106673-8011-02] ices. (RIN: 0648-XH13) received April 29, 2008, pur- By Mr. CONYERS (for himself, Mr. f suant to 5 U.S.C. 801(a)(1)(A); to the Com- SMITH of Texas, Mr. SCOTT of Vir- EXECUTIVE COMMUNICATIONS, mittee on Natural Resources. ginia, and Mr. GOHMERT): H.R. 5938. A bill to amend title 18, United ETC. 6369. A letter from the Acting Director Of- fice of Sustainable Fisheries, NMFS, Na- States Code, to provide secret service protec- Under clause 8 of rule XII, executive tional Oceanic and Atmospheric Administra- tion to former Vice Presidents, and for other communications were taken from the tion, transmitting the Administration’s final purposes; to the Committee on the Judici- Speaker’s table and referred as follows: rule — Fisheries of the Exclusive Economic ary. By Mr. CARSON: 6360. A letter from the Chairman, Council Zone Off Alaska; Pacific Ocean Perch for Vessels in the Bering Sea and Aleutian Is- H.R. 5939. A bill to amend title 38, United of the District of Columbia, transmitting a States Code, to extend the time limitation copy of D.C. ACT 17-359, ‘‘Electronic Mail lands Trawl Limited Access Fishery in the Eastern Aleutian District of the Bering Sea for the use of entitlement to educational as- Public Record Clarification Amendment Act sistance under the Montgomery GI Bill for of 2008,’’ pursuant to D.C. Code section 1- and Aleutian Islands Management Area [Docket No. 071106673-8011-02] (RIN: 0648- certain persons actively pursuing a quali- 233(c)(1); to the Committee on Oversight and fying educational degree or certificate; to Government Reform. XG59) received April 7, 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Nat- the Committee on Veterans’ Affairs, and in 6361. A letter from the Chairman, Council addition to the Committee on Armed Serv- of the District of Columbia, transmitting a ural Resources. 6370. A letter from the Acting Assistant ices, for a period to be subsequently deter- copy of D.C. ACT 17-359, ‘‘Electronic Mail Administrator for Fisheries, NMFS, National mined by the Speaker, in each case for con- Public Record Clarification Amendment Act Oceanic and Atmospheric Administration, sideration of such provisions as fall within of 2008,’’ pursuant to D.C. Code section 1- transmitting the Administration’s final rule the jurisdiction of the committee concerned. 233(c)(1); to the Committee on Oversight and — Endangered and Threatened Wildlife; Sea By Mr. GORDON (for himself, Mr. HALL Government Reform. of Texas, Mr. BAIRD, Mr. EHLERS, Ms. 6362. A letter from the Chairman, Council Turtle Conservation [Docket No. 071030628- 8482-02] (RIN: 0648-AV84) received April 25, EDDIE BERNICE JOHNSON of Texas, Mr. of the District of Columbia, transmitting a SENSENBRENNER, Mr. UDALL of Colo- copy of D.C. ACT 17-360, ‘‘Compliance Unit 2008, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Natural Resources. rado, Mr. SMITH of Texas, Mr. WU, Establishment Act of 2008,’’ pursuant to D.C. Mr. BARTLETT of Maryland, Mr. MIL- f Code section 1-233(c)(1); to the Committee on LER of North Carolina, Mr. LUCAS, Oversight and Government Reform. REPORTS OF COMMITTEES ON Mr. LIPINSKI, Mrs. BIGGERT, Ms. GIF- 6363. A letter from the General Counsel, PUBLIC BILLS AND RESOLUTIONS FORDS, Mr. AKIN, Ms. HOOLEY, Mr. Federal Retirement Thrift Investment NEUGEBAUER, Mr. ROTHMAN, Mr. ING- Board, transmitting the Board’s final rule — Under clause 2 of rule XIII, reports of LIS of South Carolina, Mr. WILSON of Participants’ Choices of TSP Funds — re- committees were delivered to the Clerk Ohio, Mr. MCCAUL of Texas, Mr. ceived April 25, 2008, pursuant to 5 U.S.C. for printing and reference to the proper MARIO DIAZ-BALART of Florida, Mr. 801(a)(1)(A); to the Committee on Oversight calendar, as follows: GINGREY, and Mr. BILBRAY): and Government Reform. Mr. FRANK of Massachusetts: Committee H.R. 5940. A bill to authorize activities for 6364. A letter from the Director, Office of support of nanotechnology research and de- Personnel Management, transmitting the Of- on Financial Services. H.R. 5579. A bill to re- move an impediment to troubled debt re- velopment, and for other purposes; to the fice’s final rule — HUMAN RESOURCES Committee on Science and Technology. MANAGEMENT IN AGENCIES (RIN: 3206- structuring on the part of holders of residen- tial mortgage loans, and for other purposes; By Mr. FOSTER: AJ92) received April 25, 2008, pursuant to 5 H.R. 5941. A bill to amend title 10, United with an amendment (Rept. 110–615). Referred U.S.C. 801(a)(1)(A); to the Committee on States Code, to authorize taxpayers to des- to the Committee of the Whole House on the Oversight and Government Reform. ignate a portion of their income tax pay- State of the Union. 6365. A letter from the Assistant Secretary ments to a National Military Family Relief Mr. FRANK of Massachusetts: Committee —— Fish, Wildlife & Parks, Department of Fund to be used by the Secretary of Defense on Financial Services. H.R. 5818. A bill to au- the Interior, transmitting the Department’s to assist the families of members of the thorize the Secretary of Housing and Urban final rule — Public Access, Use, and Recre- Armed Forces who are serving in, or have Development to make loans to States to ac- ation Regulations for the Upper Mississippi served in, Iraq or Afghanistan; to the Com- quire foreclosed housing and to make grants River National Wildlife and Fish Refuge mittee on Ways and Means, and in addition to States for related costs; with an amend- (RIN: 1018-AV43) received April 25, 2008, pur- to the Committee on Armed Services, for a ment (Rept. 110–616). Referred to the Com- suant to 5 U.S.C. 801(a)(1)(A); to the Com- period to be subsequently determined by the mittee of the Whole House on the State of mittee on Natural Resources. Speaker, in each case for consideration of the Union. 6366. A letter from the Director Office of such provisions as fall within the jurisdic- Sustainable Fisheries, NMFS, National Oce- f tion of the committee concerned. anic and Atmospheric Administration, trans- By Mr. TOWNS (for himself, Mr. BUR- mitting the Administration’s final rule — TIME LIMITATION OF REFERRED BILL GESS, Mr. WAXMAN, and Mrs. Fisheries of the Exclusive Economic Zone BLACKBURN): Off Alaska; Pacific Cod by American Fish- Pursuant to clause 2 of rule XII the H.R. 5942. A bill to ensure the continued eries Act Catcher Processors Using Trawl following action was taken by the and future availability of lifesaving trauma Gear in the Bering Sea and Aleutian Islands Speaker: health care in the United States and to pre- Management Area [Docket No. 071106673-8011- vent further trauma center closures and [Omitted from the Record of April 30, 2008] 02] (RIN: 0648-XG86) received April 29, 2008, downgrades by assisting trauma centers with pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- H.R. 135. Referral to the Committee on uncompensated care costs, core mission serv- mittee on Natural Resources. Transportation and Infrastructure extended ices, emergency needs, and information tech- 6367. A letter from the Acting Director Of- for a period ending not later than May 22, nology; to the Committee on Energy and fice of Sustainable Fisheries, NMFS, Na- 2008. Commerce. tional Oceanic and Atmospheric Administra- [Submitted May 1, 2008] By Mr. BURGESS: tion, transmitting the Administration’s final H.R. 948. Referral to the Committee on H.R. 5943. A bill to authorize the Secretary rule — Fisheries of the Exclusive Economic Ways and Means extended for a period ending of Energy to establish monetary prizes for Zone Off Alaska; Atka Mackerel by Vessels not later than June 6, 2008. achievements in designing and proposing nu- in the Amendment 80 Limited Access Fish- f clear energy used fuel alternatives; to the ery in the Western Aleutian District of the Committee on Science and Technology. Bering Sea and Aleutian Islands Manage- PUBLIC BILLS AND RESOLUTIONS By Mr. PUTNAM (for himself, Mr. WIL- ment Area [Docket No. 071106673-8011-02] Under clause 2 of rule XII, public SON of South Carolina, Mrs. DRAKE, (RIN: 0648-XH07) received April 30, 2008, pur- bills and resolutions were introduced Mr. KLINE of Minnesota, and Mr. suant to 5 U.S.C. 801(a)(1)(A); to the Com- ENGLISH of Pennsylvania): mittee on Natural Resources. and severally referred, as follows: H.R. 5944. A bill to amend titles 10 and 38, 6368. A letter from the Acting Director Of- By Mr. TOWNS (for himself, Mr. KING United States Code, to improve educational fice of Sustainable Fisheries, NMFS, Na- of New York, Mr. FRANK of Massa- assistance for members of the Armed Forces tional Oceanic and Atmospheric Administra- chusetts, Ms. WATERS, and Ms. and veterans in order to enhance recruit- tion, transmitting the Administration’s final VELA´ ZQUEZ): ment and retention for the Armed Forces,

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and for other purposes; to the Committee on tion to the Committee on Energy and Com- Ms. LEE, Ms. JACKSON-LEE of Texas, Armed Services, and in addition to the Com- merce, for a period to be subsequently deter- Mr. ELLISON, Mr. HONDA, Mrs. mittee on Veterans’ Affairs, for a period to mined by the Speaker, in each case for con- CHRISTENSEN, Mr. RANGEL, Ms. SUT- be subsequently determined by the Speaker, sideration of such provisions as fall within TON, Mr. PAYNE, Mr. COHEN, Mr. in each case for consideration of such provi- the jurisdiction of the committee concerned. JACKSON of Illinois, Mr. CONYERS, Ms. sions as fall within the jurisdiction of the By Mr. THOMPSON of California (for BORDALLO, Mr. KUCINICH, Mr. JEFFER- committee concerned. himself and Mr. REHBERG): SON, Mr. MICHAUD, Ms. KILPATRICK, By Mrs. CAPITO: H.R. 5954. A bill to amend title 38, United Mr. BUTTERFIELD, Mr. DAVIS of Ala- H.R. 5945. A bill to direct the Secretary of States Code, to provide veterans for pre- bama, Mr. WYNN, Mr. HASTINGS of the Interior to conduct a special resource sumptions of service connection for purposes Florida, Mr. FATTAH, Ms. WATSON, study to determine the suitability and feasi- of benefits under laws administered by Sec- Mr. GRIJALVA, Mr. DAVIS of Illinois, bility of including the Washington Family retary of Veterans Affairs for diseases asso- Mr. MILLER of North Carolina, Mr. Legacy Lands of Jefferson County, West Vir- ciated with service in the Armed Forces and MCGOVERN, Mr. FRANK of Massachu- ginia, as part of Harpers Ferry National His- exposure to biological, chemical, or other setts, Mr. GUTIERREZ, Mr. RUSH, Mr. torical Park or designating the lands as a toxic agents as part of Project 112, and for BACA, Mr. CLYBURN, Ms. ZOE LOFGREN separate unit of the National Park System, other purposes; to the Committee on Vet- of California, Ms. SCHAKOWSKY, Mr. and for other purposes; to the Committee on erans’ Affairs, and in addition to the Com- WATT, and Mr. JOHNSON of Georgia): Natural Resources. mittee on Armed Services, for a period to be H. Res. 1169. A resolution expressing the By Mr. ELLISON (for himself, Ms. subsequently determined by the Speaker, in sense of the House of Representatives that MCCOLLUM of Minnesota, Mr. WALZ of each case for consideration of such provi- the United States should become an inter- Minnesota, Mr. OBERSTAR, Mr. sions as fall within the jurisdiction of the national human rights leader by ratifying CUMMINGS, Mr. FILNER, Mr. JEFFER- committee concerned. and implementing certain core international SON, Mr. WATT, Ms. WATSON, Ms. By Mr. WALBERG (for himself, Mr. conventions; to the Committee on Foreign WOOLSEY, Mr. MCDERMOTT, Mr. MEEK FRANKS of Arizona, Mr. FEENEY, Mr. Affairs, and in addition to the Committee on of Florida, Mr. PRICE of North Caro- KLINE of Minnesota, Mr. TIAHRT, Mr. the Judiciary, for a period to be subse- lina, Ms. BALDWIN, and Mr. KAGEN): CHABOT, and Mr. BARTLETT of Mary- quently determined by the Speaker, in each H.R. 5946. A bill to amend the Help Amer- land): case for consideration of such provisions as ica Vote Act of 2002 to require States to pro- H.R. 5955. A bill to provide for comprehen- fall within the jurisdiction of the committee vide for election day registration; to the sive health reform; to the Committee on En- concerned. Committee on House Administration. ergy and Commerce, and in addition to the By Mr. EHLERS: By Mr. KING of New York (for himself, Committees on Education and Labor, the Ju- H. Res. 1170. A resolution commending In- Mrs. MCCARTHY of New York, Mr. diciary, and Ways and Means, for a period to diana Secretary of State Todd Rokita for his FOSSELLA, Mr. REYNOLDS, and Mr. be subsequently determined by the Speaker, leadership and dedication to protecting the KUHL of New York): in each case for consideration of such provi- integrity of the election process and increas- H.R. 5947. A bill to amend title 38, United sions as fall within the jurisdiction of the ing voter confidence in all of our elections; States Code, to establish a returning sol- committee concerned. to the Committee on House Administration. diers’ bill of rights; to the Committee on By Mr. WEINER: By Mr. KING of Iowa (for himself and Veterans’ Affairs. H.R. 5956. A bill to improve the protections Ms. HERSETH SANDLIN): By Mr. LAMPSON: afforded under Federal law to consumers H. Res. 1171. A resolution congratulating H.R. 5948. A bill to amend section 274 of the from contaminated seafood by directing the the on-premises sign industry for its con- Immigration and Nationality Act to increase Secretary of Commerce to establish a pro- tributions to the success of small businesses penalties for unlawfully bringing in and har- gram, in coordination with other appropriate on the occasion of its 62nd Annual Inter- boring aliens with prior felony convictions Federal agencies, to strengthen activities for national Sign Expo; to the Committee on En- under Federal law; to the Committee on the ensuring that seafood sold or offered for sale ergy and Commerce. Judiciary. to the public in or affecting interstate com- By Mrs. MCCARTHY of New York (for By Mr. LATOURETTE (for himself and merce is fit for human consumption; to the herself, Mr. HASTINGS of Florida, Ms. Mrs. MILLER of Michigan): Committee on Energy and Commerce, and in JACKSON-LEE of Texas, Mr. KING of H.R. 5949. A bill to amend the Federal addition to the Committee on Agriculture, New York, Mr. HINCHEY, Ms. SUTTON, Water Pollution Control Act to address cer- for a period to be subsequently determined Mr. ISRAEL, Mr. BISHOP of New York, tain discharges incidental to the normal op- by the Speaker, in each case for consider- and Mr. MICHAUD): eration of a recreational vessel; to the Com- ation of such provisions as fall within the ju- H. Res. 1172. A resolution recognizing and mittee on Transportation and Infrastruc- risdiction of the committee concerned. honoring the Firefighter Cancer Support ture. By Mr. BUTTERFIELD: Network; to the Committee on Energy and By Ms. ZOE LOFGREN of California: H. Con. Res. 339. Concurrent resolution ex- Commerce. H.R. 5950. A bill to require the Secretary of pressing the sense of Congress regarding the f Homeland Security to establish procedures necessity to improve public awareness in the for the timely and effective delivery of med- United States among older individuals and MEMORIALS ical and mental health care to all immigra- their families and caregivers about the im- tion detainees in custody, and for other pur- pending Digital Television Transition Under clause 3 of rule XII, memorials poses; to the Committee on the Judiciary. through the establishment of a Federal were presented and referred as follows: By Ms. MATSUI: interagency taskforce between the Federal 260. The SPEAKER presented a memorial H.R. 5951. A bill to implement a safe and Communications Commission, the Adminis- of the House of Representatives of the State complete streets program; to the Committee tration on Aging, the National Tele- of Rhode Island, relative to House Resolu- on Transportation and Infrastructure. communications and Information Adminis- tion No. 8049 urging the Congress of the By Ms. SCHWARTZ: tration, and the outside advice of appro- United States to appoint an independent H.R. 5952. A bill to amend the Internal Rev- priate members of the aging network and in- counsel to investigate the prisoner of war- enue Code of 1986 to authorize tax credit dustry groups; to the Committee on Energy missing in action issue; to the Committee on bonds for capital improvements for police and Commerce. Armed Services. and fire departments; to the Committee on By Mr. GEORGE MILLER of Cali- 261. Also, a memorial of the Senate of the Ways and Means, and in addition to the Com- fornia: State of New Jersey, relative to Senate Res- mittee on Education and Labor, for a period H. Con. Res. 340. Concurrent resolution to olution No. 24 memorializing the Congress of to be subsequently determined by the Speak- make technical corrections in the enroll- the United States to enact legislation requir- er, in each case for consideration of such pro- ment of the bill H. R. 493; considered and ing annual publication of a list disclosing visions as fall within the jurisdiction of the agreed to. companies planning or currently in the prac- committee concerned. By Mr. BOUSTANY: tice of outsourcing U.S. jobs to other coun- By Mr. SMITH of Washington (for him- H. Res. 1168. A resolution congratulating tries; to the Committee on Education and self, Mr. DICKS, Mr. MCDERMOTT, Mr. charter schools and their students, parents, Labor. INSLEE, Mr. BAIRD, and Mr. LARSEN of teachers, and administrators across the 262. Also, a memorial of the Legislature of Washington): United States for their ongoing contribu- the State of Idaho, relative to House Joint H.R. 5953. A bill to amend title XVIII of the tions to education, and for other purposes; to Memorial No. 7 urging the Congress of the Social Security Act to improve the provision the Committee on Education and Labor. United States to take action to help stop of items and services provided to Medicare By Mr. LEWIS of Georgia (for himself, children and employees from accessing Inter- beneficiaries residing in rural areas; to the Mr. TOWNS, Mr. MEEK of Florida, Mrs. net pornography and to request that legisla- Committee on Ways and Means, and in addi- MALONEY of New York, Mr. HINCHEY, tion be enacted to facilitate a technology-

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based solution that allows parents and em- rifices made while serving in the United H.R. 154: Mr. CARSON. ployers to subscribe to Internet access serv- States Armed Forces; to the Committee on H.R. 405: Mr. CARSON. ices that exclude adult content; to the Com- Veterans’ Affairs. H.R. 506: Mr. CARSON. mittee on Energy and Commerce. 272. Also, a memorial of the Legislature of H.R. 583: Mr. MURTHA. 263. Also, a memorial of the Legislature of the State of Louisiana, relative to Senate H.R. 686: Mr. CARSON. the State of Idaho, relative to House Joint Concurrent Resolution No. 11 memorializing H.R. 724: Mr. BROUN of Georgia. Memorial No. 6 urging the Congress of the the Congress of the United States and the H.R. 748: Mr. MCGOVERN, Mr. CARSON, Mr. United States and the Department of Health Commissioner of the Internal Revenue Serv- JEFFERSON, Mr. PASCRELL, Mrs. CAPITO, and and Human Services to allow resident advo- ice to take action to provide that refundable Mr. BERMAN. cate groups in Idaho and industry represent- credits received by Louisiana homeowners to H.R. 895: Mr. KNOLLENBERG. atives to negotiate on how to improve the offset Louisiana Citizens Property Insurance H.R. 948: Mr. CARSON. survey process in skilled nursing facilities in Assessments on their homeowner’s insurance H.R. 971: Mr. SOUDER. Idaho; to the Committee on Energy and premiums because of the unprecedented H.R. 1000: Mr. SKELTON, Mr. STUPAK, Mr. Commerce. damage and destruction of homes in the re- CRAMER, Mr. MARSHALL, Mr. MCNULTY, and 264. Also, a memorial of the Legislature of cent hurricanes shall not be considered as in- Mr. HOYER. the State of Louisiana, relative to House come for federal tax purposes; to the Com- H.R. 1014: Mr. CARSON and Mr. LEWIS of Concurrent Resolution No. 38 memorializing mittee on Ways and Means. Georgia. the Congress of the United States to take 273. Also, a memorial of the Senate of the H.R. 1023: Mr. SARBANES, Mr. MILLER of such actions as are necessary to call a con- State of Hawaii, relative to Senate Resolu- North Carolina, Mr. ROSS, Mr. ELLSWORTH, vention for the purpose of proposing an tion No. 25 urging the Congress of the United and Mr. JOHNSON of Illinois. amendment to the United States Constitu- States to support the Korea-United States H.R. 1032: Mr. GUTIERREZ. tion to include the Posse Comitatus Act as a Free Trade Agreement; to the Committee on H.R. 1063: Mr. WHITFIELD of Kentucky and consitutional prohibition; to the Committee Ways and Means. Mr. EVERETT. on the Judiciary. 274. Also, a memorial of the House of Rep- H.R. 1072: Mr. CARSON. 265. Also, a memorial of the Senate of the resentatives of the State of Alaska, relative H.R. 1076: Mr. ELLSWORTH. State of Michigan, relative to Senate Reso- to House Resolution No. 7 urging the Con- H.R. 1078: Mr. CARSON. lution No. 165 memorializing the Congress of gress of the United States to support, work H.R. 1103: Mr. ANDREWS. the United States to reverse cuts to the Ed- to pass, and vote for the immediate and per- H.R. 1108: Mr. CARSON. ward Byrne Memorial Justice Assistance manent repeal of the federal estate tax; to H.R. 1172: Mr. WOLF. Grant Program; to the Committee on the Ju- the Committee on Ways and Means. H.R. 1185: Ms. WASSERMAN SCHULTZ, Mr. diciary. 275. Also, a memorial of the Legislature of CANTOR, and Mr. LEWIS of Georgia. 266. Also, a memorial of the Senate of the the State of Mississippi, relative to Senate H.R. 1192: Mr. CARSON and Mr. KLEIN of State of Rhode Island, relative to Senate Concurrent Resolution No. 556 urging the Florida. Resolution No. 2899 urging the Congress of President of the United States and the Con- H.R. 1232: Mr. SHAYS. the United States to appoint an independent gress of the United States to support passage H.R. 1238: Mr. CARSON. counsel to investigate the prisoner of war- of the Secure Rural Schools and Community H.R. 1282: Mr. CARSON. missing in action issue; to the Committee on Self-Determination Act; jointly to the Com- H.R. 1343: Mr. CARSON. the Judiciary. mittees on Agriculture and Natural Re- H.R. 1346: Mr. CARSON. 267. Also, a memorial of the Legislature of sources. H.R. 1419: Mr. ELLSWORTH and Ms. BALD- the State of Louisiana, relative to House 276. Also, a memorial of the Legislature of WIN. Concurrent Resolution No. 39 memorializing the State of New York, relative to a Legisla- H.R. 1422: Ms. GIFFORDS. the Congress of the United States and Lou- tive Resolution urging the New York State H.R. 1428: Mr. ALLEN. isiana’s congressional delegation to take Congressional delegation oppose S. 40/H.R. H.R. 1431: Mr. RANGEL, Mr. TERRY, Mr. such action as are necessary to provide the 3200; jointly to the Committees on Financial CARSON, and Mrs. MYRICK. state of Louisiana with one-hundred-year Services and the Judiciary. H.R. 1439: Mr. KAGEN. flood protection; to the Committee on Trans- 277. Also, a memorial of the House of Rep- H.R. 1440: Mr. CARNEY. portation and Infrastructure. resentatives of the State of Mississippi, rel- H.R. 1475: Mr. UDALL of Colorado and Mr. 268. Also, a memorial of the Legislature of ative to House Resolution No. 66 urging the BISHOP of New York. the State of Louisiana, relative to House Federal Government to withdraw water from H.R. 1501: Mr. CARSON. Concurrent Resolution No. 22 memorializing the Gulf of Mexico for the Strategic Petro- H.R. 1532: Mr. CARSON. the Congress of the United States and Lou- leum Reserve; jointly to the Committees on H.R. 1552: Mr. CARSON. isiana’s congressional delegation to take Energy and Commerce and Natural Re- H.R. 1553: Mr. PETRI and Mr. CARSON. such actions as are necessary to ensure that sources. H.R. 1560: Mr. YARMUTH and Mr. CARSON. sufficient funds are appropriated to provide a 278. Also, a memorial of the House of Rep- H.R. 1576: Ms. BALDWIN and Mr. CARSON. one hundred percent federal share of the resentatives of the Commonwealth of Puerto H.R. 1584: Mrs. MYRICK. costs necessary to construct one-hundred- Rico, relative to a Resolution expressing the H.R. 1586: Mr. TIM MURPHY of Pennsyl- year flood protection for southeast Lou- most forceful and firmest repudiation of the vania. isiana; to the Committee on Transportation House of Representatives of Puerto Rico to H.R. 1589: Mr. SHAYS, Mr. ALTMIRE, Mr. and Infrastructure. the highly discriminatory expressions of POE, and Mr. BARTLETT of Maryland. 269. Also, a memorial of the Senate of the Congresswoman Virginia ‘‘Ginny’’ Brown- H.R. 1610: Mr. LAMPSON, Mr. KAGEN, Mr. State of New Jersey, relative to Senate Res- Waite from the 5th District of Florida re- RODRIGUEZ, and Ms. FALLIN. olution No. 13 requesting the Government of garding the inclusion of the U.S. Citizens re- H.R. 1621: Mr. CARNEY, Mr. PORTER, Mr. the United States establish a funding pro- siding in Puerto Rico in the bill for eco- OLVER, Mr. CARSON, Ms. CLARKE, Mr. SESTAK, gram to defray the safety equipment and en- nomic stimulus that is presently being con- Mr. TIAHRT, and Ms. VELA´ ZQUEZ. gineering costs incurred by local commu- sidered by the United States Congress; joint- H.R. 1629: Mr. BOUSTANY. nities to establish ‘‘quiet zones’’ along light ly to the Committees on Ways and Means H.R. 1643: Mr. MILLER of North Carolina. rail lines operating on railroad freight and Financial Services. H.R. 1647: Mr. CARSON, Mr. JACKSON of Illi- tracks; to the Committee on Transportation 279. Also, a memorial of the House of Rep- nois, Mr. LUCAS, Mr. BOUSTANY, and Mrs. and Infrastructure. resentatives of the State of Michigan, rel- MILLER of Michigan. 270. Also, a memorial of the House of Rep- ative to House Resolution No. 306 memori- H.R. 1655: Mr. CARSON and Ms. SUTTON. resentatives of the State of Illinois, relative alizing the Congress of the United States to H.R. 1671: Mr. CARSON and Mr. ENGLISH of to House Resolution No. 1009 urging the Con- pass and the President of the United States Pennsylvania. gress of the United States and the Depart- to sign the Foreclosure Prevention Act of H.R. 1688: Mr. NADLER. ment of Energy to make any changes nec- 2008; jointly to the Committees on Ways and H.R. 1742: Ms. BALDWIN. essary to reverse the decision that resulted Means, Financial Services, and the Judici- H.R. 1783: Mr. KIND and Mr. NADLER. in the dismantling and abandonment of ary. H.R. 1871: Mr. CARSON. FutureGen; to the Committee on Science and f H.R. 1881: Mr. CARSON, Mr. HINCHEY, and Technology. Ms. KAPTUR. 271. Also, a memorial of the Legislature of ADDITIONAL SPONSORS H.R. 1953: Mr. JEFFERSON, Mr. MICHAUD, the State of Louisiana, relative to House Under clause 7 of rule XII, sponsors Mr. BOUCHER, Ms. RICHARDSON, and Mr. Concurrent Resolution No. 23 urging the GRIJALVA. Congress of the United States ensure ade- were added to public bills and resolu- H.R. 1968: Mr. CARSON. quate funding for veterans’ health care and tions as follows: H.R. 2012: Mr. SALI. to express gratitude to veterans for sac- H.R. 139: Mr. PLATTS. H.R. 2020: Mr. PUTNAM.

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H.R. 2032: Mr. NADLER and Mr. PAYNE. H.R. 4044: Ms. MCCOLLUM of Minnesota. H.R. 5784: Mr. MARCHANT, Mrs. MYRICK, and H.R. 2116: Mr. ROSS Mr. ELLSWORTH, Mr. H.R. 4102: Mrs. MALONEY of New York. Mr. KING of New York. ALTMIRE, and Mrs. MYRICK. H.R. 4109: Mr. PASTOR. H.R. 5793: Mr. STEARNS, Mr. FERGUSON, and H.R. 2131: Mr. SHAYS. H.R. 4133: Mrs. MYRICK. Mrs. BLACKBURN. H.R. 2138: Mr. DOOLITTLE. H.R. 4138: Mr. CARSON. H.R. 5794: Mr. CAMP of Michigan. H.R. 2188: Ms. LINDA T. SA´ NCHEZ of Cali- H.R. 4141: Mr. FEENEY, Mr. KING of Iowa, H.R. 5797: Mr. WALBERG. fornia and Mr. WILSON of Ohio. and Mr. POE. H.R. 5802: Mr. CARSON, Mr. STARK, Mr. H.R. 2210: Mr. CARSON and Ms. BERKLEY. H.R. 4204: Mr. UDALL of Colorado, Mr. MCGOVERN, Ms. JACKSON-LEE of Texas, Mr. H.R. 2236: Mr. COHEN and Ms. KAPTUR. PERLMUTTER, and Ms. BALDWIN. LEWIS of Georgia, Mr. CONYERS, and Mr. AL H.R. 2268: Mr. KELLER, Ms. BORDALLO, Mr. H.R. 4218: Mr. CARSON. GREEN of Texas. HALL of Texas, Mr. WALSH of New York, Mr. H.R. 4237: Mr. AL GREEN of Texas. H.R. 5805: Mr. WITTMAN of Virginia. H.R. 5806: Mr. JEFFERSON, Mr. CARSON, and LAMPSON, Mr. HARE, Ms. SUTTON, Mr. BUR- H.R. 4464: Mr. BROUN of Georgia, Mr. PICK- Mr. ETHERIDGE. TON of Indiana, Mr. AKIN, Ms. BERKLEY, Mr. ERING, and Mr. DAVIS of Kentucky. H.R. 5818: Mr. MEEK of Florida, Mr. COHEN, JOHNSON of Illinois, Mr. WITTMAN of Virginia, H.R. 4544: Mr. BUYER. Ms. LEE, and Ms. MCCOLLUM of Minnesota. Mr. CASTLE, Mr. COHEN, Mr. WILSON of Ohio, H.R. 4652: Mr. WATT, Ms. MCCOLLUM of H.R. 5824: Mr. LOEBSACK, Mr. BRALEY of Mr. GOODLATTE, Mrs. BONO MACK, Mr. MAN- Minnesota, and Ms. SUTTON. Iowa, Mr. ABERCROMBIE, Mr. HINCHEY, Mr. ZULLO, Mr. PRICE of North Carolina, Mr. JOR- H.R. 4688: Ms. HOOLEY. HARE, and Mr. SKELTON. DAN, Mr. ROSKAM, Mr. RADANOVICH, Mr. H.R. 4775: Mrs. DAVIS of California and Ms. H.R. 5830: Mr. BACA and Mr. SHERMAN. BONNER, Mr. EHLERS, Mr. SHAYS, Mr. WILSON ESHOO. H.R. 5833: Mr. BLUMENAUER. of South Carolina, and Mr. HOEKSTRA. H.R. 4987: Mr. WITTMAN of Virginia. H.R. 5837: Mr. PITTS and Mr. COOPER. H.R. 2332: Mr. SMITH of Texas, Mr. BROUN of H.R. 5032: Mr. INGLIS of South Carolina, H.R. 5842: Mr. DEFAZIO. Georgia, Mr. SHUSTER, and Mr. ROGERS of Mr. MILLER of Florida, and Mr. DANIEL E. H.R. 5847: Mr. KINGSTON, Mr. GINGREY, Mr. Michigan. LUNGREN of California. WOLF, and Mr. MARIO DIAZ-BALART of Flor- H.R. 2395: Mr. CARSON. H.R. 5143: Mr. CARSON. ida. H.R. 2448: Mrs. GILLIBRAND. H.R. 5148: Mr. KLINE of Minnesota. H.R. 5854: Mr. MCDERMOTT and Mr. GOODE. H.R. 2495: Mr. CAPUANO. H.R. 5157: Mr. CARSON. H.R. 5857: Mrs. BONO MACK. H.R. 2512: Mr. CARSON. H.R. 5161: Mr. KAGEN. H.R. 5868: Ms. FOXX. H.R. 2550: Mr. KELLER, Mr. BOOZMAN, Ms. H.R. 5174: Mr. SNYDER. H.R. 5881: Ms. MCCOLLUM of Minnesota and KAPTUR, Mr. BUTTERFIELD, and Mr. CAMP- H.R. 5223: Mr. UDALL of Colorado, Ms. Ms. SCHAKOWSKY. BELL of California. MCCOLLUM of Minnesota, and Ms. BALDWIN. H.R. 5886: Mr. WITTMAN of Virginia and Mr. H.R. 2552: Mr. MCNULTY. H.R. 5244: Mr. LEVIN. MARIO DIAZ-BALART of Florida. H.R. 2723: Mr. CARSON. H.R. 5265: Mr. WALSH of New York, Mr. H.R. 5892: Mrs. BOYDA of Kansas. H.R. 2734: Mr. BUYER. GONZALEZ, Mr. MCCOTTER, and Mr. HULSHOF. H.R. 5895: Mrs. MALONEY of New York and H.R. 2762: Mr. CARSON and Mr. H.R. 5268: Mrs. DAVIS of California, Mr. Mr. CARSON. FALEOMAVAEGA. FARR, Mrs. NAPOLITANO, Mr. BERMAN, Mr. H.R. 5898: Ms. CORRINE BROWN of Florida, H.R. 2802: Mr. CLEAVER and Ms. HARMAN. CARSON, Mr. VAN HOLLEN, and Mr. RYAN of Ms. GINNY BROWN-WAITE of Florida, Mr. BU- H.R. 2818: Mr. CARSON. Ohio. CHANAN, Mr. CARNEY, Ms. CASTOR, Mr. LIN- H.R. 2821: Mrs. BOYDA of Kansas. H.R. 5353: Ms. ESHOO, Ms. HARMAN, Mr. COLN DIAZ-BALART of Florida, Mr. MARIO H.R. 2892: Mr. PRICE of North Carolina. WALZ of Minnesota, Mr. GEORGE MILLER of DIAZ-BALART of Florida, Mr. MICA, Mr. MIL- H.R. 2922: Mr. CARNEY. California, Mr. FRANK of Massachusetts, Mr. LER of Florida, Mr. REICHERT, Mr. WELDON of H.R. 2928: Ms. CLARKE and Mr. EMANUEL. ELLISON, Mr. SESTAK, Ms. ZOE LOFGREN of Florida, Mr. WILSON of South Carolina, and H.R. 2955: Mr. EMANUEL. California, Mr. INSLEE, and Ms. SCHAKOWSKY. Mr. YOUNG of Florida. H.R. 5906: Mr. KUHL of New York. H.R. 3001: Mr. SPACE. H.R. 5426: Mr. CARSON and Mr. LATTA. H.R. 5907: Mr. PLATTS, Mr. ALEXANDER, and H.R. 3014: Mr. CAPUANO, Ms. WOOLSEY, Mr. H.R. 5435: Mr. REYES. Mr. ENGLISH of Pennsylvania. CARSON, and Mr. SESTAK. H.R. 5441: Mr. HINCHEY. H.R. 5911: Ms. FOXX. H.R. 3063: Mr. BISHOP of New York, Mr. H.R. 5515: Mr. MITCHELL. H.R. 5913: Mr. WATT, Ms. SUTTON, and Mr. KUHL of New York, and Mr. RANGEL. H.R. 5534: Mr. MOORE OF KANSAS and Mr. JOHNSON of Georgia. H.R. 3089: Mr. TIBERI, Mr. PLATTS, Mr. LIPINSKI. H.R. 5914: Mr. ORTIZ, Mr. SESTAK, Mr. GOODLATTE, Mr. MCHENRY, Mr. SMITH of Ne- H.R. 5541: Mr. HONDA, Mrs. CUBIN, and Mr. HINOJOSA, and Ms. LEE. braska, Mr. CULBERSON, Mr. LAMBORN, Mr. RUPPERSBERGER. H.R. 5925: Ms. JACKSON-LEE of Texas. BUYER, Mr. CONAWAY, and Mr. SHUSTER. H.R. 5573: Ms. BERKLEY and Mr. YOUNG of H. Con. Res. 284: Mr. TAYLOR, Mr. HAYES, H.R. 3094: Ms. ROS-LEHTINEN. Florida. and Mrs. MUSGRAVE. H.R. 3164: Mr. COLE of Oklahoma. H.R. 5580: Ms. MATSUI. H. Con. Res. 285: Ms. SCHWARTZ, Mr. DOYLE, H.R. 3175: Mrs. MCCARTHY of New York and H.R. 5627: Mr. PATRICK MURPHY of Pennsyl- Mr. LEWIS of Kentucky, Mr. SKELTON, Mr. Mr. UDALL of Colorado. vania. WHITFIELD of Kentucky, Mr. MATHESON, and H.R. 3186: Mr. SPACE, Mr. PRICE of North H.R. 5662: Mr. ORTIZ, Mr. ROTHMAN, Mr. Mr. ENGLISH of Pennsylvania. Carolina, Mr. PICKERING, and Mr. GENE GREEN of Texas, Mr. RODRIGUEZ, Mr. H. Con. Res. 303: Mr. FORTENBERRY. BUTTERFIELD. ABERCROMBIE, Mr. BACA, Mr. LANGEVIN, Mr. H. Con. Res. 305: Mr. PLATTS. H.R. 3191: Ms. MCCOLLUM of Minnesota. HINCHEY, Ms. JACKSON-LEE of Texas, Mr. H. Con. Res. 328: Ms. ROS-LEHTINEN and Mr. H.R. 3202: Mr. JEFFERSON. GONZALEZ, Mr. HOLT, Mr. PASTOR, Mr. ANDREWS. H.R. 3232: Mr. DAVID DAVIS of Tennessee, DOGGETT, Mr. SIRES, Mrs. NAPOLITANO, Mr. H. Con. Res. 331: Mr. ABERCROMBIE, Mr. Mr. SKELTON, and Mr. CARSON. HONDA, Mr. MCINTYRE, Mr. RUPPERSBERGER, ACKERMAN, Mr. ALTMIRE, Mr. ARCURI, Mr. H.R. 3257: Mr. PETERSON of Minnesota and Mrs. DAVIS of California, Mr. BLUMENAUER, BACA, Ms. BEAN, Mr. BISHOP of New York, Mr. LAMPSON. Mr. BILBRAY, and Mr. KLEIN of Florida. Mr. BOSWELL, Mr. BRALEY of Iowa, Mr. CHAN- H.R. 3267: Mr. ORTIZ and Mr. CAPUANO. H.R. 5669: Mr. YARMUTH, Mr. FORTENBERRY, DLER, Ms. CLARKE, Mr. CLYBURN, Mr. COBLE, H.R. 3282: Mr. CARSON. Mr. REGULA, Mr. MCCRERY, and Mr. Mr. COHEN, Mr. CONYERS, Mr. COOPER, Mrs. H.R. 3326: Ms. VELA´ ZQUEZ. CAPUANO. CUBIN, Mr. DEFAZIO, Ms. DEGETTE, Ms. H.R. 3334: Ms. BALDWIN. H.R. 5673: Mr. YOUNG of Florida, Mr. DELAURO, Mr. DINGELL, Mr. ELLISON, Mr. H.R. 3363: Mr. CARSON. WITTMAN of Virginia, Mr. ROGERS of Ken- ELLSWORTH, Mr. ENGEL, Mr. FALEOMAVAEGA, H.R. 3396: Ms. HERSETH SANDLIN. tucky, and Mr. CALVERT. Mrs. GILLIBRAND, Mr. HALL of New York, Mr. H.R. 3453: Mr. KING of New York and Ms. H.R. 5674: Ms. JACKSON-LEE of Texas and HARE, Ms. HARMAN, Mr. HASTINGS of Florida, ZOE LOFGREN of California. Mr. HASTINGS of Florida. Ms. HIRONO, Mr. JACKSON of Illinois, Mr. JEF- H.R. 3471: Ms. MCCOLLUM of Minnesota. H.R. 5684: Mr. BUYER. FERSON, Mr. JOHNSON of Georgia, Mr. KAGEN, H.R. 3544: Ms. EDDIE BERNICE JOHNSON of H.R. 5686: Mr. GONZALEZ and Mr. PAYNE. Ms. KAPTUR, Ms. LEE, Mr. LEWIS of Georgia, Texas and Mr. MILLER of North Carolina. H.R. 5695: Mr. GARY G. MILLER of Cali- Mr. LOEBSACK, Mr. LYNCH, Mr. MCNERNEY, H.R. 3670: Mr. CAMPBELL of California. fornia. Mr. MAHONEY of Florida, Mr. MOORE of Kan- H.R. 3700: Mr. CARSON. H.R. 5700: Mr. RYAN of Ohio. sas, Ms. MOORE of Wisconsin, Mr. MURPHY of H.R. 3817: Mr. KIND. H.R. 5740: Mr. GALLEGLY, Mr. HOEKSTRA, Connecticut, Mr. NADLER, Mrs. NAPOLITANO, H.R. 3819: Ms. BERKLEY. Mr. SCOTT of Georgia, and Mr. UPTON. Mr. ORTIZ, Mr. PERLMUTTER, Mr. ROTHMAN, H.R. 3904: Mr. PRICE of North Carolina. H.R. 5748: Mr. RAMSTAD and Mr. RAHALL. Ms. ROYBAL-ALLARD, Ms. LORETTA SANCHEZ H.R. 4008: Ms. GINNY BROWN-WAITE of Flor- H.R. 5755: Mr. WEINER. of California, Mrs. SCHMIDT, Mr. SHULER, Ms. ida. H.R. 5759: Mr. LUCAS. SCHWARTZ, Mr. SCOTT of Georgia, Mr. SHER- H.R. 4026: Ms. LINDA T. SA´ NCHEZ of Cali- H.R. 5761: Mr. PITTS. MAN, Mr. SIRES, Mrs. TAUSCHER, Mr. THOMP- fornia and Mr. CUMMINGS. H.R. 5775: Mrs. MYRICK. SON of California, Ms. TSONGAS, Ms. WATSON,

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Mr. WATT, Mr. WEINER, Mr. WEXLER, and Ms. Texas, Ms. RICHARDSON, Mr. MCHUGH, Mr. HOYER, Mr. DEFAZIO, Mr. CROWLEY, Mr. WOOLSEY. FILNER, Ms. HIRONO, Mr. JOHNSON of Georgia, TOWNS, Ms. Lee, Mr. CARDOZA, Mr. SIRES, Mr. H. Con. Res. 334: Mrs. MYRICK, Mr. Mr. SCOTT of Georgia, Mr. ELLISON, Mr. RANGEL, Mr. FRANK of Massachusetts, Mr. BOOZMAN, Mr. BOYD of Florida, and Mr. BU- BUTTERFIELD, and Ms. WATERS. BRALEY of Iowa, Ms. KAPTUR, Mr. HOLT, Mr. CHANAN. H. Res. 1106: Mr. MACK, Mrs. BONO MACK, MURTHA, Mr. MICHAUD, Mr. FARR, Mr. H. Con. Res. 336: Mr. SPACE, Mr. TOWNS, Mr. LATOURETTE, Mr. BLUNT, Mr. TOM DAVIS COURTNEY, Mr. HARE, Mr. HINCHEY, Mr. Mr. HINCHEY, Mr. MEEK of Florida, Mr. of Virginia, Mr. TIBERI, Mr. HAYES, Mr. WELCH of Vermont, Mr. THOMPSON of Cali- HOLDEN, Ms. SHEA-PORTER, Ms. SUTTON, Mr. WELDON of Florida, Mr. YOUNG of Florida, fornia, Mr. PRICE of North Carolina, Mr. BOS- HALL of New York, Mr. LEWIS of Georgia, Mr. Mr. SOUDER, Mr. MORAN of Kansas, Mr. WELL, Mr. PASTOR, Mr. MITCHELL, Ms. DOYLE, Mr. COHEN, Mr. WALZ of Minnesota, MCHENRY, Mr. TIM MURPHY of Pennsylvania, CORRINE BROWN of Florida, Mr. SPACE, Ms. Ms. MCCOLLUM of Minnesota, Mr. Mr. MARIO DIAZ-BALART of Florida, Mr. BALDWIN, Ms. TSONGAS, Mr. WAXMAN, Mr. MCDERMOTT, Mr. POE, Ms. KAPTUR, Mr. SAXTON, Mr. CALVERT, Mrs. MUSGRAVE, Mr. RUPPERSBERGER, Mr. RAHALL, Mr. CARNEY, ALLEN, Ms. BORDALLO, Mr. BRADY of Penn- LEWIS of California, Mr. MCCOTTER, Mr. Ms. SUTTON, Mr. SARBANES, and Ms. sylvania, Mr. HARE, Ms. BERKLEY, Mr. YOUNG of Alaska, Mr. FORBES, Mr. CANTOR, SCHAKOWSKY. PAYNE, Mr. HINOJOSA, and Mr. CALVERT. Ms. CASTOR, Mr. HINOJOSA, Mr. LEWIS of Ken- H. Res. 1155: Mr. BOOZMAN, Mr. SNYDER, H. Con. Res. 337: Mr. TIERNEY and Ms. tucky, Mr. PORTER, Mr. ROSKAM, Mr. and Mr. BERRY. SCHAKOWSKY. CARTER, Mrs. Wilson of New Mexico, Mr. H. Res. 1166: Mr. MCGOVERN and Ms. JACK- H. Con. Res. 338: Mr. CLEAVER, Mr. BRADY COBLE, Mr. TURNER, Mrs. MILLER of Michi- SON-LEE of Texas. of Pennsylvania, and Mr. COHEN. gan, Ms. ROS-LEHTINEN, Mr. WOLF, Mr. H. Res. 339: Mr. WALBERG. ALTMIRE, Mr. PLATTS, Mr. BACHUS, Mr. KING f H. Res. 374: Mr. TOWNS and Mr. GRIJALVA. of New York, Mr. BUCHANAN, Ms. GINNY H. Res. 389: Mr. GENE GREEN of Texas. BROWN-WAITE of Florida, and Mr. GILCHREST. DELETIONS OF SPONSORS FROM H. Res. 620: Mr. GENE GREEN of Texas. H. Res. 1122: Mrs. MYRICK. PUBLIC BILLS AND RESOLUTIONS H. Res. 679: Mr. GENE GREEN of Texas. H. Res. 1124: Ms. SOLIS, Mrs. CAPPS, Mr. Under clause 7 of rule XII, sponsors H. Res. 937: Mr. COURTNEY. ENGEL, Mr. ALLEN, Mr. WAXMAN, Ms. WOOL- were deleted from public bills and reso- H. Res. 1002: Mrs. CAPPS, Mr. PRICE of SEY, Mr. BUTTERFIELD, and Mr. DOYLE. North Carolina, and Ms. HERSETH SANDLIN. H. Res. 1132: Mr. VISCLOSKY. lutions as follows: H. Res. 1011: Mr. GOODLATTE. H. Res. 1133: Ms. CLARKE and Mr. H. Res. 992: Ms. FALLIN. H. Res. 1012: Mr. BRALEY of Iowa. LOEBSACK. H. Res. 1017: Mr. TOWNS. H. Res. 1143: Mrs. GILLIBRAND. f H. Res. 1022: Mr. KENNEDY, Mr. RANGEL, H. Res. 1146: Mr. KUHL of New York. Mr. LEWIS of Georgia, Mr. JEFFERSON, Mr. H. Res. 1147: Mrs. SCHMIDT, Mr. ROSKAM, DISCHARGE PETITIONS— BISHOP of Georgia, Mr. HASTINGS of Florida, Mr. BOUSTANY, Mrs. MYRICK, Mr. COOPER, ADDITIONS OR DELETIONS Mrs. JONES of Ohio, Mr. SCOTT of Georgia, Mrs. DAVIS of California, Mr. REICHERT, Mr. The following Members added their Ms. KILPATRICK, Mr. PAYNE, Mr. BRALEY of BACHUS, Mr. LATOURETTE, Mr. JONES of names to the following discharge peti- Iowa, and Mr. JOHNSON of Georgia. North Carolina, Mr. SAXTON, Mr. FEENEY, H. Res. 1056: Mr. KIRK. Mr. SHAYS, Mr. MCCARTHY of California, Mr. tions: H. Res. 1067: Mr. CUMMINGS. GERLACH, Mr. SHIMKUS, Mr. BUTTERFIELD, Petition 7, by Mr. BOUSTANY on H.R. H. Res. 1081: Mr. ISRAEL. Mr. TURNER, Mr. PEARCE, Mr. THORNBERRY, 5440: Jeff Flake, Marsha Blackburn, Rodney H. Res. 1085: Mr. MEEKS of New York, Mr. Mr. HALL of Texas, Mr. CULBERSON, Mr. Alexander, John Campbell, Jerry Weller, FATTAH, Mr. DAVIS of Illinois, Ms. Speier, PLATTS, Mr. MCHENRY, Mr. BARRETT of Mike Rogers, John J. Duncan, Jr., Ginny Ms. CLARKE, Ms. LEE, Ms. WATSON, Mr. South Carolina, and Mr. COBLE. Brown-Waite, Ray LaHood, Tim Murphy, THOMPSON of Mississippi, Mr. WYNN, Mr. H. Res. 1153: Ms. WATSON, Mrs. MALONEY of Tom Feeney, Robert B. Aderhold, Kenny C. SCOTT of Virginia, Mr. BISHOP of Georgia, New York, Mrs. MCCARTHY of New York, Mr. Hulshof, and Connie Mack. Mr. TERRY, Mrs. LOWEY, Mr. HASTINGS of MCNULTY, Mr. HINOJOSA, Mr. CONYERS, Mrs. Petition 5, by Mrs. DRAKE on H.R. 4088: Florida, Mr. NADLER, Ms. JACKSON-LEE of NAPOLITANO, Mr. YARMUTH, Mr. KAGEN, Mr. Bill Sali.

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The Senate met at 9:30 a.m. and was ator MCCONNELL, if he decides to make years since that aircraft stunt with called to order by the Honorable AMY such remarks, there will be a period of any sense of satisfaction. Our country KLOBUCHAR, a Senator from the State morning business for up to 1 hour, with looks back with grief, sadness, yet with of Minnesota. Senators to be allowed to speak for up a fierce and unwavering commitment to 10 minutes each during that time. to finally change the mission and re- PRAYER The Republicans will control the first sponsibly end the war in Iraq and bring The Chaplain, Dr. Barry C. Black, of- 30 minutes and the majority will con- our troops home. fered the following prayer: trol the final 30 minutes. Following That day aboard the USS Lincoln, our Let us pray. morning business, the Senate will re- President told us the war would not be Creator of the Universe, help us to sume consideration of H.R. 2881, the endless. He said: ‘‘Americans, following find meaning in our work. Train us to Federal Aviation Administration Reau- a battle, want nothing more than to re- see Your purposes behind our task, mo- thorization. turn home.’’ He told the brave men and tivating us to focus on pleasing You. f women aboard that carrier that home Empower our Senators. Give them was their direction that day; that: FIFTH ANNIVERSARY OF ‘‘MISSION After service in the Afghan and Iraq thea- the will and strength they need. Pro- ACCOMPLISHED’’ vide them with patience so they will ters of the war, after 100,000 miles on the neither despair nor grow weary in well Mr. REID. Madam President, 5 years longest carrier deployment in U.S. history, you are homeward bound. doing. Give them confidence that in ago on the deck of an aircraft carrier following You, Eternal Lord, they are returning from the Middle East, Amer- Madam President, let me again read certain of ultimate triumph. Let Your ica and the world witnessed perhaps that quote: peace guard their hearts and Your wis- the greatest act of hubris our country After service in the Afghan and Iraq thea- has ever seen in wartime. Resplendent ters of the war, after 100,000 miles on the dom direct their steps. longest carrier deployment in U.S. history, We pray in Your great Name. Amen. in a flight suit, landing theatrically in a fighter jet, President Bush declared: you are homeward bound. f ‘‘In the battle for Iraq, United States To the men and women aboard the PLEDGE OF ALLEGIANCE and our allies have prevailed.’’ Above Lincoln that day, that speech must him was a banner, printed by the White seem a distant memory. Could they The Honorable AMY KLOBUCHAR led House, with the idea coming from Karl have imagined that day that many of the Pledge of Allegiance, as follows: Rove. That banner proclaimed ‘‘Mis- them, and their brothers and sisters in I pledge allegiance to the Flag of the sion Accomplished.’’ arms, would now be in their third, United States of America, and to the Repub- With families fleeing from Iraq by fourth, and fifth tours of duty? The lic for which it stands, one nation under God, ‘‘Mission Accomplished’’ speech will indivisible, with liberty and justice for all. the tens of thousands to live as refu- gees, now approaching 21⁄2 million— rightly be remembered with great an- f mission accomplished? With no govern- guish by all. APPOINTMENT OF ACTING ment in place, with towns destroyed, Look at this. This chart, sadly, is a PRESIDENT PRO TEMPORE with infrastructure in shambles—mis- little behind but it makes the picture. I indicated that wounded troops are The PRESIDING OFFICER. The sion accomplished? When President Bush put on his more than 30,000 now. Troops in Iraq on clerk will please read a communication that day were 5,000 more then, with the to the Senate from the President pro flight suit, 139 American troops had lost their lives. Today, the toll has troops, some of them, coming home. tempore (Mr. BYRD). Cost of the war to the taxpayers—you The legislative clerk read the fol- reached 4,058 or 4,059. In April, with the highest death count in 7 months, 51 can see that. lowing letter: What do you American people think Americans were killed. ENATE about the war in Iraq, was it worth U.S. S , When President Bush landed on the PRESIDENT PRO TEMPORE, fighting? You can see the numbers. Washington, DC, May 1, 2008. runway of the USS Abraham Lincoln, The estimated number of Iraqi civil- To the Senate: 548 Americans had been wounded. ians killed—Johns Hopkins University Under the provisions of rule 1, paragraph 3, Today that count is far more than did a study. Their study says over of the Standing Rules of the Senate, I hereby 30,000, many of those grave injuries. 200,000 Iraqis have been killed. The appoint the Honorable AMY KLOBUCHAR, a When President Bush announced that number of Iraqis who have fled their Senator from the State of Minnesota, to per- ‘‘major combat operations have homes is almost 5 million. The number form the duties of the Chair. ended,’’ the American taxpayers had of Iraqi security forces—we have ROBERT C. BYRD, spent about $79 billion in Iraq. Today, President pro tempore. trained them, we paid for them—is al- $526 billion and counting, we are spend- Ms. KLOBUCHAR thereupon assumed most half a million. ing $5,000 every second, 7 days a week, Iraqi prison population. the chair as Acting President pro tem- every week of the month, every month pore. Number of daily attacks by insur- of the year. Those costs are going up, gents and militias in Iraq: to date it is f not down, with experts such as Nobel about 55. Prize-winning economist Joseph RECOGNITION OF THE MAJORITY The number of multiple-fatality Stiglitz predicting $3 trillion will be LEADER bombings in Iraq in May of 2003: zero. the cost of the war, with every penny Now look at that. The ACTING PRESIDENT pro tem- of it borrowed—from Japan, from Suicide attacks: almost 1000. pore. The majority leader is recog- China, from Saudi Arabia, even from The price of oil: in May of 2003, it was nized. Mexico. $26.03 a barrel. Yesterday we had a lit- f In May, 2003, many of our allies had tle drop in the oil price. It is down already begun to stand apart from us from more than $120 a barrel the last SCHEDULE on the war. Today, our moral authority few days to only $115 a barrel. Mr. REID. Madam President, fol- in the world has been gravely damaged. The price of gas then was $1.50. If you lowing my remarks and those of Sen- Not one American looks back on the 5 are lucky, you can find it someplace in

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

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That is the unyielding desire to increase taxes on In subverting the widespread local average. much of the energy industry, I can support of Alaskans and in prohibiting George Bush, DICK CHENEY, and Don- only assume the Democrats in Con- the potential extraction of 5 to 15 bil- ald Rumsfeld will be written in the gress believe that steadily increasing lion barrels of oil, environmentalists pages of history as the men who rushed energy prices simply provide political stubbornly resist even moving forward a peaceful, deliberate nation headfirst fodder upon which they can capitalize. with comprehensive testing that could into war without the slightest notion Democrats in both Chambers appear result in the environmentally respon- of what it meant to run or to end it. beholden to the environmental agenda, sible development of parts of the Arc- Five years later, the cost of their hu- a radical agenda that wholly disregards tic National Wildlife Refuge. bris is staggering—in lives lost and America’s economy. The U.S. Geological Survey an- damaged, dollars spent, moral author- Oblivious to prices at the pump and nounced this month that 3 to 4 billion ity squandered. indifferent to from whom we import barrels of technically recoverable oil Let’s think back to the men and our oil, far-left environmentalists and exists under North Dakota and Mon- women aboard the USS Abraham Lin- their cohorts in Congress are failing in tana’s Bakken Formation. This is 25 coln that day 5 years ago; the excite- their duty to the American public. The times more than was estimated to exist ment they must have felt by a Presi- Congress has stymied efforts to in 1995. These numbers are staggering, dential visit; the encouragement of his produce trillions of cubic feet of nat- and there are other examples where our words; the satisfaction of heading ural gas, trillions of barrels of oil, and aversion to responsible development home to their families after a job well prevented the construction of new re- defies common sense. done. fineries, nuclear powerplants, and hy- Of course, we must continue our dedi- They did their jobs, but the Com- droelectric facilities through public cated efforts to explore alternative mander in Chief didn’t do his—as he policies that limit energy supply. We sources of energy to meet our demands, has not done his job here at home, with cannot afford to take any option off but it is possible to develop sections of record gas prices, record oil prices, and the table. the Arctic National Wildlife Refuge, an economy spiraling into recession. I The security concerns of America extract natural gas from the Rocky met with a number of homebuilders and our businesses and consumers still Mountain west and harvest resources demand energy. In oil alone, we con- yesterday in room S–219. Have we offshore in economically feasible ways sume over 20 million barrels a day. reached the bottom in the housing and also protect our natural wonders. Since we only produce just over 8 mil- market? They said: No, we are not We should not take increased produc- lion barrels per day, the gap must be close yet. About 50 million Americans tion of any domestic oil off the table. made up by purchasing oil from hostile are uninsured for health costs. The longer we completely deny access or undemocratic nations, such as Ven- On this fifth anniversary, a sorry mo- to domestic supplies, the more we ex- ezuela, Saudi Arabia, and Nigeria to ment in our country’s history, we acerbate our current energy shortages. meet our energy needs. We spend over pause to honor the troops aboard the We cannot solve the problem of soar- half a trillion dollars each year import- USS Abraham Lincoln and all our ing gas prices facing America today ing foreign oil, and it is far past time troops, their brothers and sisters in with one solution, but we certainly to rectify this unhealthy dependency. should not allow the relentless push of arms who fought and sacrificed and The global price for petroleum environmentalists’ narrow agenda to continue to fight in Iraq. They deserve reaches new highs every day and petro- make this crisis even worse. What will not the false hope of a slogan engi- leum-related imports have caused our the average gallon of gas in America neered by Karl Rove, the President’s trade deficit to increase by billions of have to cost for the Democratic leader- chief slogan maker, but the real hope dollars. of a responsible end to a war that has According to a study by the Congres- ship in Congress to step to the plate raged far too long. sional Research Service, in 2005 and with a comprehensive solution for our consumers? f 2006 alone, our trade deficit rose by $120 billion. As oil prices continue to rise We should seek to develop our renew- RESERVATION OF LEADER TIME and domestic energy production is fur- able resources along with oil, gas, The ACTING PRESIDENT pro tem- ther obstructed, America’s trade bal- clean coal, nuclear, and hydroelectric pore. Under the previous order, the ance will only fall deeper into the red. energy in a manner that prevents for- leadership time is reserved. As a Senator from energy rich Colo- eign interests from taking over energy rado, I am on the front lines of the bat- for their own purposes. f tle to increase our domestic energy It is time for congressional leaders to MORNING BUSINESS production. The Democrats continue to be a part of the solution and not the delay efforts to tap into a natural gas problem. It is time to put every idea on The ACTING PRESIDENT pro tem- the table. It is time for common sense. pore. Under the previous order, the reserve below the Naval Oil Shale Re- serve, often referred to as the Roan In the State of Colorado, we have a Senate will proceed to a period of Plateau, that contains approximately plethora of energy sources. We obvi- morning business for up to 1 hour, with 8.9 trillion cubic feet. We need this ously rely on renewable energy because Senators permitted to speak for up to clean source of energy now. we have lots of sun and wind, we have 10 minutes each, with the Republicans Moreover, below the vast lands of hydroelectric, we have uranium to controlling the first half and the ma- Colorado and Wyoming lies roughly 1.5 produce nuclear power. None of these jority controlling the final half. trillion barrels of potentially recover- or our rich resources in petroleum and The Senator from Colorado is recog- able oil. This amount dwarfs the re- coal that exist throughout the country nized. serves of Saudi Arabia and other petro- should be taken off the table. f rich nations, and new technologies con- For us to subject ourselves to a harsh tinually emerging would allow us to re- extreme environmental agenda does ENERGY PRICES sponsibly extract this oil to help meet not make sense. This country should Mr. ALLARD. Madam President, here our demands. The benefits to Colorado continue to work to develop all of we go again. We all know the Senate and the American economy would be those resources. Obviously, the future has limited time left this year to de- tremendous. of this country is on the renewable bate important legislation. It is becom- Additionally, national environ- side, but we have to deal with today’s ing more and more clear the Demo- mentalist groups have succeeded in problems, today’s price at the gas cratic leadership is staunchly opposed pressuring Members of Congress to pump, and therefore we need to to doing anything that would alleviate mandate a lock-down of what could be produce domestic resources in addition the seemingly endless upward pressure an immense treasure chest of oil in the to supporting the renewable tech- on energy prices. Given their Arctic National Wildlife Refuge. nologies we are currently developing.

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.000 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 7565 If we do that, we will most success- approved. Two had short terms; they U.S. SENATE, fully address the high cost at the gas served with distinction and the Presi- Washington, DC, April 30, 2008. pump today. Congress should be work- dent nominated them for reappoint- Hon. HARRY REID, ing with industry to make sure we ment. The Environment and Public Majority Leader, U.S. Senate, Washington, DC. have more plentiful supplies of gas and Works Committee unanimously, under DEAR SENATOR REID: Your decision to petroleum products in addition to de- Chairman BOXER, brought them to the block Senate confirmation of the President’s veloping other sources of renewable en- floor. They are ready for approval, renomination of Bishop William Graves of ergy. ready to go to work. But the Demo- Memphis and Susan Williams of Knoxville to I yield the floor. cratic Leader has sent me a letter that the Tennessee Valley Authority Board of Di- The ACTING PRESIDENT pro tem- basically says he will not allow them rectors astounds me. If you succeed, you pore. The Senator from Tennessee is to be confirmed because they are Re- would overturn seventy-five years of federal recognized. publicans. That astounds me. I ask law and custom. Your actions insult the Mid-South’s larg- Mr. ALEXANDER. Would you please unanimous consent to put that letter est city, Memphis. Until Bishop Graves’ ap- let me know when 5 minutes has ex- in the RECORD. pointment in 2006, a Memphian had never pired? There being no objection, the mate- served on the TVA board. The ACTING PRESIDENT pro tem- rial was ordered to be printed in the Your actions are an affront to more than pore. The Chair will do that. RECORD, as follows: one and a half million African Americans in f U.S. SENATE, the seven—state TVA region. Until the ap- Washington, DC, April 14, 2008. pointment of Bishop Graves the presiding TVA APPOINTMENTS Hon. LAMAR ALEXANDER, Bishop of the Christian Methodist Episcopal Mr. ALEXANDER. Madam President, Dirksen Senate Office Building, Church—an African American had never Tennesseans like our sports teams, Washington, DC. served on the TVA board. DEAR SENATOR ALEXANDER: I am writing to Your actions are the kind of disheartening whether it is the Lady Vols, or the playpen partisan politics that disappoint the Memphis Tigers, or Bruce Pearl’s team you to advise you of my concerns regarding appointments to the Tennessee Valley Au- American people and are causing them to cry from Knoxville. But John Calipari or thority (TVA). out for change in the way Washington does Pat Summitt or Bruce Pearl wouldn’t As you know, the TVA was reconfigured in its business. think of sending any of our teams into P.L. 108–477, the Omnibus Appropriations bill Since the founding of TVA in 1933, federal a big game with two players locked up enacted December 8, 2004. The inclusion of law has never required presidents to appoint somewhere—two players missing. that substantive legislation in this appro- TVA directors from one political party or That is exactly what my friend, the priations vehicle expanded TVA membership another. Almost always, presidents have appointed Democratic leader, has done for 8.7 to 9 members from 3 members. This omnibus legislative rider gave appointive authority members of their own political party. As is million Americans who live in the entirely to the President with no bipartisan the case with Bishop Graves, members have seven-State region of the Tennessee representation. often been political independents. Valley Authority. Our big game, like I expressed my concerns regarding this sit- TVA is the nation’s largest public utility, most Americans, is gas prices, electric uation over a year ago when the first slate of with more than $9.2 billion in annual reve- prices, climate change, clean air, na- 6 TVA nominees was sent to the Senate. I nues and 8.7 million customers. In 2004, after tional security. asked the President to consider using one of several years of debate, Congress created a Every Senator is on the floor talking the remaining positions for a Democratic new TVA board and a modern governance structure. about that; some blaming, some with candidate. Despite that request, the Presi- dent nominated 3 additional Republicans for Bishop Graves and Susan Williams were solutions. I am going to Oak Ridge on the TVA. Before the Easter recess, we con- original members of the new board, nomi- May 9 to propose a new Manhattan firmed one of those remaining 3 TVA nomi- nated by the President and confirmed by the Project to deal with clean energy inde- nees. Senate. They have served with distinction. pendence. Given the inadequacy of bipartisan rep- The President has now renominated them. But our secret weapon in the TVA re- resentation on the TVA and our recent ap- The Senate Committee on Environment and gion is the Tennessee Valley Author- proval of 7 Republican nominations to the Public Works has again unanimously rec- ity. That is how we get our clean air so TVA, I do not support proceeding with fur- ommended them. ther TVA confirmations at this time. Tennessee Valley residents face no greater we’re in compliance with clean air laws Sincerely, challenges today than dealing with energy and new jobs can come in. It is how we HARRY REID, costs, clean air and climate change. The Ten- deal with climate change. They have Majority Leader. nessee Valley Authority needs a full mem- coal-fired powerplants. It is how we Mr. ALEXANDER. The Democratic bership on its board to solve those problems. deal with large amounts of electricity leader’s decision to block these nomi- I respectfully request that you lift your at a low cost. That has to do with jobs roadblock, stop trying to change seventy- nees because of their party affiliation five years of law and custom, and allow these and it has to do with gas prices as well. overturns 75 years of Federal law and Nissan, Toyota, and General Motors two outstanding nominees to go back to custom. Since 1933, Federal law has work on the TVA board helping to provide all are about to sell us plug-in hybrids never made politics one of the consid- the large amounts of clean, low cost, reliable that could, by some estimates, reduce erations for TVA appointments. electricity Tennessee Valley residents need the amount of gasoline we use by up to Most Presidents have appointed to keep good jobs and clean air. 40 percent. That would deal with gas members of their own party, some- Sincerely. prices. But who will supply electricity times political independents—such as LAMAR ALEXANDER, for the plug-in hybrids? The Tennessee Bishop William Graves, one of the two United States Senator. Valley Authority. So what happens? nominees for reappointment who is Mr. ALEXANDER. I have said to the The Democratic leader locks up two of being locked up. majority leader: This is an insult to our best players and won’t let them Bishop Graves is not even a Repub- Memphis. Bishop Graves is the first play in the biggest game we’ve got. If lican. He is the most experienced mem- Memphian ever to serve on the TVA he did that to two of our Memphis bas- ber of the TVA board, coming from the board in its history. It is an affront to ketball players, or UT Lady Vols, or largest customer, Memphis Light, Gas the more than 1.5 million African two of Bruce Pearl’s players, there and Water, and he is the presiding Americans in our region. Bishop would be a revolt in Tennessee, and I bishop of one of the largest religious Graves is the first African American hope there is a revolt about this. denominations in America. ever to be on the TVA board. Here is what has happened: In 2004, I have sent a letter to the majority At a time when there is a stream of after several years of debate, we cre- leader. I ask unanimous consent it be Democratic Senators coming to the ated a new board for the Nation’s larg- printed in the RECORD. floor trying to find somebody to blame est public utility—the Tennessee Val- There being no objection, the mate- for high gas prices, why is the majority ley Authority. The President appointed rial was ordered to be printed in the leader locking up two of the most valu- nine members. They were unanimously RECORD, as follows: able players on our team whose job it

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.000 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7566 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 May 1, 2008 is to deal with high gas prices, high in business, and both of them have party was in the majority. Democrats electric prices, climate change, clean helped shepherd TVA through some of would come to the floor and talk about air, and national security? the finest years TVA has had. how, if they were in power, because I respectfully suggest that the major- Both of these are reappointments. In they were not in cahoots with the big ity leader, for whom I have the great- other words, they have already served oil companies, then things would be est respect, lift this roadblock—stop as part of the TVA board, which re- better, they would find a way to make trying to change 75 years of law and cently has been expanded geographi- things better. There was a bold an- custom. Unlock our two players and let cally to bring in other States, which is nouncement made by then-House mi- them out and let them into the game a very good thing from the standpoint nority leader NANCY PELOSI on April 24, against high gas prices and let them go of board representation. 2006: to work. Both of these members were approved Democrats have a commonsense plan to This is disheartening playpen par- unanimously by EPW, again a bipar- help bring down skyrocketing gas prices. tisan politics—it disappoints the Amer- tisan effort, which I might say also is That is when prices were tipping at ican people and causes them to cry out controlled by the Democratic Party. So $3 a gallon. They were $2-something a for changing the way that we do busi- I have to tell you while it is frustrating gallon. I wish today we were back to ness in Washington. to me to see this body become a proxy those moments in time. I yield the floor. in some cases for the Presidential A commonsense plan to help bring The ACTING PRESIDENT pro tem- races, I hate to see some of the things down skyrocketing gas prices? I ask, pore. The Senator from Tennessee is we deal with as a result, and that di- where is the plan? What happened to recognized. minishes this body. that plan? Democrats came into power Mr. CORKER. Madam President, it is I will tell you that our leader taking to lead both Houses of Congress on always an honor to be in the presence this position is a tremendous disservice January 4, 2007. The distinguished Sen- of the senior Senator from Tennessee to this body; diminishes this body. I ator from Minnesota proudly took her who does such an outstanding job in hope the leader will come to his senses, oath; many others came into office. At this body of promoting bipartisanship. will realize that not only is he doing that point in time, the price of gas was I know the Presiding Officer has something that is of tremendous harm $2.33 a gallon. Today, it is $3.62 a gal- played a big role in that. I thank you to TVA, it damages this body for the lon. Is this what the commonsense plan for that. I want to say I came here as majority leader to act in such a politi- to bring down prices was supposed to did the Senator to solve big problems cally motivated way. bring us? Is this why someone had a for our country in a bipartisan way. I hope very soon these nominees will plan that was going to help America? I just left a meeting that I think ex- be reappointed. I hope TVA can get Has it helped us? Have we gone up or emplifies that to the highest level, about its business in serving the people down? The fact is, today prices are where RON WYDEN and BOB BENNETT of Tennessee and other surrounding $3.62. What we should do is have some plain are cosponsoring a great piece of legis- States in a proper way. I hope the ma- talk. The fact is, it didn’t matter who lation in a bipartisan way, to solve the jority leader again will do the right was in control of Congress because the tremendous health care crisis our thing, will cause these nominees to laws of economics go well above the country is dealing with today. come to the floor. I am sure they will laws of politics. This is about supply I am proud to be part of that and to be unanimously confirmed. and demand. The fact is, there is not a join them in a bipartisan way to solve I suggest the absence of a quorum. commonsense plan. The fact is, there is this major problem. I know many of us The ACTING PRESIDENT pro tem- no plan, that America’s energy policy are doing the same thing to focus on pore. The clerk will call the roll. continues to flounder for several rea- the energy issues that are before us as The legislative clerk proceeded to sons. We have to act, and we have to a country. That is what I came here to call the roll. the Senate to do. I know that is ex- act as responsible leaders. Mr. MARTINEZ. I ask unanimous One of the things that is inevitable is actly the reason, Madam President, consent that the order for the quorum that as long as supply and demand stay you came to the Senate. call be rescinded. where they are today, with demand That is why today I rise with tremen- The ACTING PRESIDENT pro tem- ever increasing and supply topping out, dous frustration over the actions of our pore. Without objection, it is so or- we will continue to have increasing majority leader. I have enjoyed work- dered. prices. I submit that part of what has ing with our majority leader, and he f to occur is increased production. We certainly has done a good job in many ENERGY POLICY have to find ways that we can, within instances. But, today, strictly on a po- our own borders, produce more energy. litically motivated basis, in a letter to Mr. MARTINEZ. Madam President, I have been supportive of drilling in the senior Senator he stated he is not we are facing a real problem as Ameri- 2000 acres of the vast wilderness of going to confirm TVA appointees be- cans increasingly go to the gas pump Alaska in a way that would be safe. If cause they are not Democrats. to fill the need of energy for their vehi- it had been done back when President We went through a tremendous cles and they find that the prices at Clinton vetoed it, today a million bar- amount of effort, or this body did prior the pump are ever higher, more oner- rels a day would be flowing into the to me being here, to make sure the ous, and it makes the family budget stream of production and would help TVA board was a professional board, more difficult to manage. This is a with this supply problem we have that people there were able to make de- problem for working families, to the today. cisions in the best interests of that typical American family trying to There may be other safe ways. A year body and all the many people who are drive children to school, participate in or so ago, we made a deal. The deal was served by the TVA facility. carpools and other activities. It hits that we would drill safely in areas well These two nominees are outstanding everyone at a time when other eco- away from the Florida coast in the human beings. They have served their nomic problems are surrounding the Gulf of Mexico—8 million acres for new State, their cities, and our country American family. We have a problem, drilling that are also available and will with great distinction. Bishop Graves and we have to act. Failure to act is produce oil and gas. is someone who recently was heralded not an option. At this point in time, we These are helpful steps, but they are here in Washington because of his tre- cannot offer immediate solutions, but not enough. We have to conserve. We mendous leadership in making sure we have to recognize where we are. We have to find ways to encourage Ameri- that the racial divides that have been a have to recognize what has not hap- cans to conserve at the pump, to save part of our country were swept away. pened. by carpooling, to save by finding a way Susan Williams has done the same, I recall many days sitting where the of buying more energy-efficient vehi- has been a leader in many other ways, Presiding Officer sits today, when our cles.

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.000 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 7567 We as a government should be help- major international incident in the SMALL BUSINESS EMPOWERMENT ing American consumers through our last 2 years, no major outage of a refin- ACT tax system to find a way they can pur- ery or fire of a refinery or pipeline dis- Mr. BROWN. Madam President, ear- chase vehicles that are more energy ef- ruption, that prices have spiked so lier this week, I spoke on the Senate ficient. We know that a hybrid vehicle much. floor about Cover the Uninsured Week will get 35 to 38 miles to the gallon. We It is clear that a Justice Department and a bill I was introducing that would know that a standard vehicle of similar working for the President of the United increase access to health coverage for size would be lucky if it gets 17 or 18 States, that is not beholden to the oil small businesses and self-employed in- industry, might actually take some ac- miles to the gallon. dividuals—a group we all too often for- tion on price fixing and recommend an At the end of the day, it is a com- get about around here. Today I am for- excess profits tax—all the kinds of bination of strategies. The bottom line mally introducing the Small Business things we could be doing in this body is, we have to have a multifaceted Empowerment Act. I wish to discuss and that the executive could do. But in strategy. We have to work together, this bill in a bit more depth. not suggesting that there is one party this body, we have seen filibusters. First, why is it necessary? that has a secret plan that, in fact, Every time we try to do something It is necessary because 82 percent—82 doesn’t exist. We have to find a com- on oil prices, every time we try to do percent—of the uninsured work for a monsense way to work together, Demo- something on long-term alternative en- living. They have jobs. The over- ergy, the Republicans filibuster. They crats and Republicans, to increase pro- whelming majority work in small com- have filibustered more than 60 times. It duction modestly and safely, to encour- panies—companies with 2 people, 5 peo- is approaching 70. I am not sure of the age conservation and new technologies, ple, 20 people—or they are self-em- number; it is hard to keep up. They and to continue to boldly move forward ployed. toward a Manhattan-type project that have filibustered more times already in In Ohio, my State—whether you are is going to put all of the resources and this congressional session than they in Steubenville or Lima, whether you energies of this country toward energy did in any 2-year session in history by are in Kent or Chillicothe—99 percent independence and energy security so a lot, and they are continuing to do it. of firms with more than 50 workers We would love to sit down with my we can discontinue this horrendous sponsor health insurance. So if you are friend on the other side of the aisle and practice of wealth transfer that is tak- at a relatively midsized or larger com- work on real energy legislation and ing place today between our country— wean this body and wean the White pany, you have 50 or more workers, 99 the billions and billions of dollars we House from their addiction to oil com- percent of those firms offer some kind are transferring to some of the worst pany campaign dollars, and help wean of fairly decent insurance for their em- enemies of our country, people such as the American people from our addic- ployees. That is for companies above 50 Hugo Chavez and Ahmadinejad. tion to foreign oil. We would love to employees. The day is coming when we have to For companies under 50 employees, work on that. find a way to pull together toward a I introduced legislation yesterday only 44 percent of those firms do. Many common goal of having a sensible, bal- that will help to jump-start the green of them are self-employed. Many of anced energy policy, increase produc- energy industry in this country. It is them only have 5 or 10 or 15 employees. tion safely, conserve more, and new clear we need to do a lot of that. But Small employers who do offer cov- technology. All working together, we the American public is tired of finger erage—and most of them absolutely try can do this. America can meet this pointing. It is time this Congress did to—I have talked to small challenge. more on energy, and that the Repub- businesspeople from Springfield to I yield the floor. licans, instead of filibustering—there Zanesville, from Bellaire to Delphos, The ACTING PRESIDENT pro tem- are 51 Democrats in this body; we need and I hear repeatedly from small busi- pore. The Senator from Ohio is recog- 60 votes to do anything because of the nesses they want to insure their em- nized. filibuster—instead of the Republicans ployees, but it is getting harder and Mr. BROWN. Madam President, I holding together and blocking things, harder and harder. According to the can’t quite believe what I just heard. instead of filibustering, let us work to- well-respected RAND Corporation—a Because Democrats in 2006 said we need gether on energy issues and not have nonpartisan group that dispassionately a different energy policy than the the oil companies dictate to this body, analyzes these kinds of things—small White House, a President and Vice as they did for year after year after businesses saw the economic burden of President who both come out of the oil year. health insurance rise by 30 percent be- industry, both top energy executives, When I was in the House of Rep- tween 2000 and 2005. And it is getting where much of the funding for the resentatives, the oil companies dic- worse. President’s party comes from the oil tated to the House of Representatives The situation is even worse for the industry, and in 2006, the Democrats leadership, and everybody in those self-employed, who must contend with said the Congress betrayed the Amer- days in the majority party—which was staggeringly high premiums for indi- ican people because they let the oil in- the Republicans then—went along with vidual coverage—they don’t get any dustry write the energy bill, now my their leaders on writing an energy bill group-rate break—if they can find an friend from Florida is saying it is the that had $18 billion of subsidies and insurer even willing to cover them. Democrats’ fault that gas prices are giveaways and tax breaks to the oil in- In these small pools, if you have 3 through the roof. dustry. Yet they are the most profit- employees or 8 employees or you are One of the best friends of the Presi- able industry in America year after self-employed, and there is anybody in dent was the CEO of Enron, a major year after year. this small pool of 1 or 20 who has some funder to the President, close friend of Something gives there. It is time for major preexisting condition, you prob- the President who had a personal nick- something very different. I want to ably cannot get insurance at all. name, and Enron had gamed the sys- work together. The finger pointing In the meantime, health insurers tem through speculating and specu- should end. Let’s sit down and do this have been living large, their profits in- lating. It cost consumers, especially on right, but don’t block us to do things creasing by more than a third over the the west coast, hundreds of millions, that will help stabilize gas prices now last 5 years—not much different from even billions of dollars as people raked and help to bring them down over the the oil industry, where the public off profits from their speculating. We short and medium term and long term recoils from staggeringly high gas are seeing the same kinds of things. I to come up with a real energy policy so prices, and the oil industry is making don’t know if they are the President’s we are not relying on—as my friend record high profits. The public—par- friends doing it anymore, but I know Senator MARTINEZ said—not relying on ticularly small business—is recoiling there are people who have gamed the Venezuela and Saudi Arabia and coun- from higher health insurance pre- system. That is the reason, with no tries that are not so friendly to us. miums and higher copays and

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.000 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7568 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 May 1, 2008 deductibles. Yet health insurance com- on claims, and hold down their admin- We demand spending discipline on panies are doing better and better. istrative costs. We know what happens the part of insurers. They have chosen Middle-class families are shouldering with small employers: the administra- to play a pivotal role in the health of the burden of skyrocketing gas prices tive costs the insurance companies our Nation. They can live with reason- and ballooning food prices, even as the take are typically huge and have a able limits on their administrative equity in their homes erodes and the major impact on the per-employee cost costs, as their profits go up and their cost of putting their children through of health insurance. executive salaries are in the strato- college explodes. The bill would identify and apply sphere. It would be ideal if they could afford strategies to ensure that providers em- We can clean up duplication and ran- to pay a king’s ransom for health in- ploy ‘‘best practices’’ in health care, dom variation in the delivery of health surance. They cannot. And they should which means they are providing the care services. not have to. right care at the right time in the We can end arbitrary coverage rules With those realities staring us in the right amount. that turn health protection into a face, inaction from this body is the Finally, the bill would target price health care crapshoot. same as indifference. gouging by drug manufacturers and For the sake of small employers, for My legislation attacks the issue of manufacturers of other medical prod- the sake of their employees, for the health coverage access from several ucts, including medical devices. sake of self-employed entrepreneurs— different directions. Price gouging occurs in U.S. health whom we need so desperately in this To ensure widespread access, the bill care when a company exploits Amer- country to compete globally—and for would establish a national insurance ican consumers by charging them dra- the sake of every American who did pool modeled after the successful Fed- matically higher prices than con- not request, did not sign up for a par- eral Employees Health Benefits pro- sumers in other wealthy nations. ticular health problem, and should not Why are we paying so much more for gram. The FEHB, Federal Employees be penalized for having it, I hope Mem- prescription drugs in this country than Health Benefits program, which en- bers on both sides of the aisle will sup- the Canadians pay, when the Canadians ables enrollees to choose from a vari- port my legislation. often are buying drugs manufactured ety of health plans, with rates and ben- Madam President, I suggest the ab- in the United States? It is the same efits negotiated by the Federal Office sence of a quorum. drug, same brand name, same pack- of Personnel Management, has served The ACTING PRESIDENT pro tem- aging, same dosage. Yet they are pay- Members of Congress and hundreds of pore. The clerk will call the roll. ing in Canada sometimes half as much. thousands of Federal employees well In fact, for years, I used to take— The assistant legislative clerk pro- for many years now. when I was in the House of Representa- ceeded to call the roll. So understand, there are hundreds tives—busloads of constituents to Can- Mrs. BOXER. Mr. President, I ask and hundreds and hundreds of thou- unanimous consent that the order for ada, about 2, 21⁄2 hours away from Lo- sands of Federal employees—whether rain, OH, where I lived, to buy prescrip- the quorum call be rescinded. they work in the Celebrezze Building in tion drugs at a pharmacy in Ontario. The PRESIDING OFFICER (Mr. Cleveland, whether they work in the The same drug, same dosage—every- BROWN). Without objection, it is so or- Office of Management and Budget in thing was the same, except for the dered. Washington, whether they work in Be- price. f thesda for the National Institutes of Other modifications in the bill are Health, whether they work at Wright- ‘‘MISSION ACCOMPLISHED’’ designed to ensure that health cov- ANNIVERSARY Patterson Air Force Base; any of these erage is nondiscriminatory. Think Federal jobs—Federal employees are in about it this way: If your next-door Mrs. BOXER. Mr. President, 5 years a huge pool that negotiates price. So it neighbor develops a mental illness such ago today, President Bush stood on the obviously works in a way that keeps as clinical depression, and you develop deck of the USS Abraham Lincoln in rates in check. a medical illness such as heart disease, front of a banner that said ‘‘Mission Under my bill, an independent con- why should your next-door neighbor be Accomplished’’ and he told the Nation tractor would manage a program that denied health benefits that you get be- that major combat operations ended in looks like FEHB, with a few modifica- cause that is a mental illness versus a Iraq. Those were his words. Now, lis- tions to accommodate the market seg- physical illness? We both have paid tening to the radio reports today, I ment it would serve. A few of those premiums. Your next-door neighbor hear that the President’s Press Sec- modifications are designed to hold and you have both paid premiums to retary, Dana Perino, said we all—all of down costs. cover your health care costs. You both America—misunderstood. He didn’t The bill would establish a reinsur- need health care. Why is one condi- really mean the mission in Iraq was ac- ance program to pay claims that fall tion—the condition of heart disease— complished; he was just talking about between $5,000 and $75,000. That is more worthy of coverage than the con- the fact that the particular aircraft where small business gets hit the hard- dition of clinical depression? carrier on which he landed, that they est. When 1 or 2 or 3 employees, in a My bill charges a group representing had done their mission and that was company of 50 or 40 or 30 or 100, get hit providers, businesses, consumers, accomplished. with a huge bill of hundreds of thou- economists, and health policy experts I don’t even know how to react to sands of dollars, it affects the entire with rethinking health care coverage that. It is beneath the dignity of a pool, and it affects everyone’s premium to eliminate arbitrary differences in White House Press Secretary to reach and, in many cases, it makes insurance the coverage of equally disruptive, dis- in that fashion. I will tell you why. I for the small business employer simply abling, or dangerous health conditions. read the speech the President made in out of reach. The bottom line is this: We have an its entirety, and I don’t see one thing This bill establishes a reinsurance opportunity to expand access to health that talks about a mission accom- program to pay claims that fall be- coverage in a way that achieves funda- plished by the USS Abraham Lincoln, tween $5,000 and $75,000. This approach mental goals. the carrier—not one word, not one minimizes premium spikes and it One, we reach populations who can- thing. makes coverage affordable for compa- not find a home in the current insur- I thought to myself: What would that nies regardless of the age and the ance system because they are small be like? I thought: Maybe it is as if the health of their employees. businesses, typically, or self employed. Presiding Officer or I were giving a The bill establishes what is called a We stand up for American consumers speech on health care, and behind us loss-ratio standard for insurers. This who are paying absolutely ridiculous we had a big banner and the speech was means that insurers would be required prices in many cases for essential televised and it said: Health care for to spend most of their premium income health care. all. Health care for all. We gave a

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.000 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 7569 speech, and then a few days later some- want to make sure I am right on this— solar and wind and geothermal energy. one who saw the speech said: Senator, $20 billion we have spent training over We could extend 13 additional weeks of I am really annoyed about your speech. 400,000 Iraqis. unemployment insurance in this reces- You said health care for all. I already I asked General Petraeus: How many sion for 1 month in Iraq. The list goes have my health care. I don’t like your al-Qaida are there? on. system. Leave me out of it. He said: Very few left, a few thousand We have given so much on this 5-year And I responded in this way: I didn’t maybe—not even. anniversary. It is time for a change in mean anyone outside this room. I only I asked General Petraeus: How many this country. We need to tell the Iraqis meant the people I was speaking to in insurgents are there? we will stand behind them, but we are the room—even though I had a sign He said: In the thousands. not going to stand in front of them, that said: Health Care For All. We have trained over 400,000 Iraqi sol- and we are not going to continue to So please, please, let’s not make mat- diers, but our troops are still dying in- pay these enormous costs. Our country ters worse by distorting the truth any stead of playing a support role as they cannot afford it. more than it has already been distorted should. I thank you, and I yield the floor. from day one of this national night- I wish to talk about the money that f mare. we, the taxpayers, are spending. We are What else did the President say on spending $10 billion a month in Iraq. CONCLUSION OF MORNING that aircraft carrier that day 5 years That is $2.5 billion a week. That is $357 BUSINESS ago today? He said: Other nations in million a day. Now, remember, this is The PRESIDING OFFICER. Morning history have fought in foreign lands all borrowed money and the cost of this business is closed. and remain to occupy and exploit. is going right to the debt that our f Americans following a battle— grandchildren and their children will Listen: have on their backs. The President’s FAA REAUTHORIZATION ACT OF Americans following a battle want nothing policy is being paid for on a credit 2007 more than to return home. Americans fol- card, and we are sticking future gen- The PRESIDING OFFICER. Under lowing a battle want nothing more than to erations with the bill. That is irrespon- the previous order, the Senate will re- return home. sible and immoral. sume consideration of H.R. 2881, which He said: We don’t have a plan to get out of the clerk will report. That is your direction tonight. Iraq 5 years after ‘‘Mission Accom- The assistant legislative clerk read Five years ago, the President said we plished.’’ Everybody says this war can- as follows: won the battle; it is time to go home. not be won through military means; it A bill (H.R. 2881) to amend title 49, United Where are we 5 years later? I just heard has to be won through political means. States Code, to authorize appropriations for 48 deaths last month, which is the Yet we sit back, and the Government the Federal Aviation Administration for fis- highest in 6 months. Since that day 5 in Iraq makes very little progress, and cal year 2008 through 2011, to improve avia- years ago, 3,922 troops have died in they know, because of this President tion safety and capacity, to provide stable and this administration, they don’t funding for the national aviation system, Iraq, including 796 either from or based and for other purposes. in California, and almost 30,000 have have a price to pay for not being effec- been wounded. We have spent more tive. They don’t pay a price for that, Pending: than a half billion dollars, and there is for not solving this politically. They Rockefeller amendment No. 4627, in the na- no end in sight. don’t pay any price because we are ture of a substitute. going to be there, and the blood and Reid amendment No. 4628 (to amendment When the President made his declara- No. 4627), to change the enactment date. tion, the price of oil was $26 per barrel. treasure of this country is on the line. Reid amendment No. 4629 (to amendment It now stands at $113 per barrel. Re- The President says: Iran and al-Qaida No. 4628), of a perfecting nature. member, the oil was supposed to pay are our biggest enemies. The President Reid amendment No. 4630 (to the language for the war. Remember. Don’t forget, of Iraq holds hands with Ahmadinejad proposed to be stricken by amendment No. the oil was supposed to pay for the war. of Iran. They kiss each other on the 4627), to change the enactment date. That is what the administration told cheek. We spend this money, we lose Reid amendment No. 4631 (to amendment us. these lives, our President says Iran is No. 4630), of a perfecting nature. The words, ‘‘Mission Accomplished,’’ our biggest enemy alongside al-Qaida, The PRESIDING OFFICER. The ma- no matter how somebody tries to tor- and we just keep on sending the money jority leader is recognized. ture it, have come to symbolize the dis- to a government that embraces Iran. Mr. REID. Mr. President, the work honesty and the incompetence that Now, I don’t care how you figure this done on this piece of legislation to took our Nation into an ill-advised war out, it doesn’t add up to me. For less bring it to the floor is a good piece of of choice—a war with a price in terms than the cost of 3 months in Iraq, we work. Democrats and Republicans of lives and treasure and our Nation’s could enroll every eligible child in the worked together to move toward solv- standing in the world only grows high- Nation in the Head Start Program for ing one of America’s major problems, er and higher and higher with each a year. For 3 months in Iraq, that is and that is dealing with our aviation passing day. We cannot afford it. what we could do for our children, and system. Chairman ROCKEFELLER, Sen- We recognize the words, ‘‘Mission Ac- we know the waiting list is long. ator INOUYE, Senator BAUCUS, Senator complished,’’ as part of a sad and fa- For 2 weeks in Iraq we could provide STEVENS, Senator GRASSLEY, Senator miliar pattern, another verse in the health insurance for 6 million unin- HUTCHISON, and their staffs understood same song from the people who warned sured children for a whole year. The that ensuring the safety and efficiency us the smoking gun could be a mush- list goes on. of America’s air traffic is too impor- room cloud. Remember when Secretary For 7 days in Iraq we could enroll 2.5 tant to fall victim to politics, slow Rice said the smoking gun could be a million kids in afterschool programs. walking, or obstruction. It even ap- mushroom cloud, even as they knew it For 6 weeks in Iraq we could ensure peared for a while that this bill was on wasn’t true. They assured us we would full interoperability of all of our com- the path to a relatively smooth and be greeted as liberators. They swore we munications systems. We are not pro- easy final passage. would be turning the corner and that tected in America because we don’t But now our Republican colleagues the insurgency was in its last throes. give our emergency workers the inter- have signaled that they plan to let this Then they said, when we asked why operability they need. For the cost of 6 bipartisan legislation fall victim to isn’t this war over: Well, we need to weeks in Iraq we could do that. Oh, no. more obstruction. We could have train enough Iraqis, and when they For 3 weeks in Iraq we could extend moved to the bill yesterday, but the stand up, we will stand down. We have the renewable energy production tax Republicans wouldn’t let us do that. spent so much training the Iraqis—I credit for 4 years and see jobs from They forced us to spend more valuable

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.000 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7570 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 May 1, 2008 legislative time not legislating, not don’t even care much about that. I and cancellations. That is why this bill trying to strengthen our country for want to move this bill forward. The Re- does things that make air travel safer. the American people but simply over- publicans’ obstruction and claims of As Americans take to the skies in coming procedural roadblocks that unfair dealings are not reflective of the record numbers, they deserve to know have been thrown at us time after facts or reality. I made it clear that the Government is doing everything time. the amendment process will be fair, possible to keep them safe. This legis- As we have said on a number of occa- open, and take place in the light of lation will give the American people sions, but certainly it is worth saying day. This legislation is far too impor- that confidence. It will also make fly- again, Republicans broke the 2-year fil- tant to fall victim to the gamesman- ing not only safer but less stressful, ibuster record in the history of this ship we are now seeing. Air travel is more efficient, and more enjoyable. Senate in just 10 months. We are now about getting from point A to point B, We must not let a crumbling infra- up to 68 filibusters. That is not normal such as going from Las Vegas to San structure grind our economy to a halt. filibustering, it is filibustering on Francisco or from San Francisco to That is what it is doing. steroids. Chicago. That is what it is about—con- I urge my colleagues, once again, to Democrats want to change our coun- necting to family and friends, getting put politics aside, put obstruction try for the better. We want to change goods to businesses, and connecting aside, and work with us to pass the the status quo. We have an economy Americans to the global community. Aviation Investment Modernization spiraling into recession. Gas and oil The Federal Aviation Administration Act. prices are at a record high. We have the is facing challenges like they have Mr. President, if somebody wants to war in Iraq that 70 percent of the never faced before. A record 770 million offer an amendment to this bill, they American people want to end. The passengers flew on U.S. commercial can come down and do that. They can problems we have faced and now face airlines in 2007—nearly double the play all the political games they want, can’t be solved easily. number who flew just 20 years ago. saying: Senator REID filled the tree. But it would not be solved at all if If these trends continue, the FAA This is something that is way inside Republicans refuse to let us legislate. told us we will have 1 billion pas- the beltway, Mr. President. On this ve- The distinguished minority leader sengers in just 12 years. hicle now before the Senate, people can raised questions about offering amend- Las Vegas-McCarran International offer amendments. All they have to do ments to the aviation modernization Airport—the fifth busiest in America— is come and give us an idea of what the bill. As I said several times yesterday, now hosts 4 million passengers every amendment is. I have been in the Sen- we welcome their amendments. We month. At this rate, McCarran will ate a long time, and it is no new theory want them to offer amendments. We reach maximum capacity in the next 3 that you would like to know what the understand there is a Bunning amend- to 5 years. amendment is. We always give our ment dealing with turning coal into Every American who flies under- amendments to the minority and say aviation fuel. I don’t know much about stands what this new congestion here is what it is going to be. They that, but it is something that appears means: longer lines, more delays, and a should see it firsthand. This does not to be germane and relevant to the bill. more stressful, less efficient trip. prohibit them from doing that. We should start to debate that amend- If growth in air travel in Nevada and Mr. President, I suggest the absence ment. But it appears no matter what I throughout America is managed cor- of a quorum. suggest, it is obvious the Republicans rectly, it represents a tremendous op- The PRESIDING OFFICER. The don’t like this bill and are not going to portunity for airlines, tourism, and our clerk will call the roll. let us pass it. economy. But the risks we face if we The assistant legislative clerk pro- It is my understanding that today don’t bring our aviation infrastructure ceeded to call the roll. they are concerned about at least two Mr. REID. Mr. President, I ask unan- provisions in the bill. One deals with up to speed are clear: Americans could imous consent that the order for the strengthening the passenger rail sys- be put at greater risk, our economy quorum call be rescinded. tem we have in America and also doing could suffer, and air travel could grind The PRESIDING OFFICER. Without something about the depleted highway to a halt. objection, it is so ordered. trust fund, which is leaving States This Aviation Investment Moderniza- with no money to do road repairs, con- tion Act will help ensure that we man- MOTION TO COMMIT WITH AMENDMENT NO. 4636 struction, and modernization. If that is age this growing challenge. It will help Mr. REID. Mr. President, I move to the case, it seems to me the logical passengers take off sooner, land safer, commit the bill to the Finance Com- thing to do is to offer an amendment to help commerce flow with fewer inter- mittee with the instruction to report take those provisions out of the bill. ruptions, and help carriers lower their back forthwith, with the following Long ago, when I was an assembly- fuel costs—which will save us all amendment, which I send to the desk. man in the Nevada State Legislature, money. The PRESIDING OFFICER. The it didn’t take long to understand that The Aviation Investment Act will clerk will report. if you don’t like something, just move make air travel safer by upgrading The assistant legislative clerk read to take it out. If you can muster the aging airport infrastructure, enhancing as follows: votes, that works. If your amendment oversight of airlines and the Federal The Senator from Nevada (Mr. REID) moves doesn’t pass, at least everybody knows Aviation Administration, and improv- to commit the bill to the Committee on Fi- you have tried. Here the Republicans ing runway safety. There was an arti- nance, with instructions, with the following don’t even try. They want to just kill cle within the past week that most air- amendment: things by doing nothing. line accidents—the close calls—are on The provision of this act shall become ef- I told my Republican counterpart runways, not in the air. fective 2 days after enactment. that Democrats are making every ef- Right now, the GPS in your car is Mr. REID. Mr. President, I ask for fort we can to allow amendments to be more sophisticated than the system the yeas and nays on the motion. offered. We welcome relevant amend- that guides your flight in an airplane. The PRESIDING OFFICER. Is there a ments on both sides of the aisle. That That is why this bill modernizes an ob- sufficient second? is how the legislative process is sup- solete air traffic control system with There is a sufficient second. posed to work. I even offered to the Re- modern technology. That is why this The yeas and nays were ordered. publican leader that we can sit down bill requires airlines to give passengers AMENDMENT NO. 4637 and let him help me be the gatekeeper better information about arrivals and Mr. REID. Mr. President, I send an of what amendments should be offered. delays. That is why the bill incor- amendment to the desk. That is fair. porates elements of the passenger bill The PRESIDING OFFICER. Without Do I want to avoid amendments that of rights to protect consumers and deal objection, it is so ordered. have nothing to do with aviation? I with the most egregious flight delays The amendment is as follows:

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.000 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 7571 In the amendment, strike ‘‘2’’ and insert Obviously, it could never be after such somehow acting in a way that is incon- ‘‘1’’ a horrific event. We in our State were sistent with the commitment to the re- Mr. REID. Mr. President, I suggest happy to take our tax dollars and put building of New York after 9/11 and the absence of a quorum. them toward the city to try to address they are degrading the name of the 9/11 The PRESIDING OFFICER. The those problems, and I voted for that. event is beyond the pale. clerk will call the roll. And we in our State were happy to sup- But that seems to be the goal, the The assistant legislative clerk pro- port efforts to rebuild and continue to style, and the approach of at least the ceeded to call the roll. be happy to support efforts to rebuild people who fed the information to the Mr. GREGG. Mr. President, I ask Ground Zero because that is a place paper—which I presume was the staff of unanimous consent that the order for which has taken on sacred meaning to the senior Senator from New York. the quorum call be rescinded. our Nation. But we are not interested, Maybe it was not his staff. I would like The PRESIDING OFFICER. Without in New Hampshire—and I suspect most him to come down here and deny it if objection, it is so ordered. American citizens are not interested— it wasn’t. I would like him to come to SPENDING RECORD in using dollars which were supposed to the floor and deny it if he didn’t basi- Mr. GREGG. Mr. President, I rise to be used for 9/11 to help out some other, cally give this information and set the respond to some attacks relative to my maybe a legitimate need—but I don’t tone of this position because, very integrity which were run today in a know whether it is—in the city of New clearly, in my opinion, he has. New York newspaper—I think it was York, and that is building a train. I Let’s return to the fact pattern as it the Daily News—which I presume were call it the train to nowhere. It is a bit exists. I will stop using the term ‘‘train energized and orchestrated by the staff of an exaggeration, but since I was try- to nowhere’’ because I can understand of the leadership—the Senate office of ing to put it in the context of an ear- how that might irritate. I will accept the senior Senator from New York. The mark that was of a questionable pur- that term was probably inappropri- editorial could not have had the fact pose, that seemed like a reasonable ately applied. I will call it an earmark, pattern that it had, had it not been fed term to use. That has become sort of a very questionable earmark for a lot that information from the senior Sen- like the term ‘‘Xerox’’ when you talk of money which does not flow from the ator’s staff. So I think it is appropriate about an earmark about which you original commitment, in my opinion, to respond to it. have serious questions. But building to the rebuilding of New York—which It implies, obviously, that I am in- this air train to Kennedy Airport—by the citizenry of America made and consistent in my views on how I ap- the way, I understand there is some which we were happy to stand behind. In fact, ironically, the plans for this proach spending in this Congress. I significant disagreement within the train, this elevated train, were begun think that will come as a surprise to city about whether it should even be in 1998, and the actual commitments most people in this Congress because I built, but certainly it should not be on that this train would go forward, as I doubt anyone in this Congress—I am this bill as an attempt to basically get understand it, were discussed as early sure there are a few—does not think around an authorizing process or a as 1988. The claim this is tied into my record in trying to control spend- process which would air whether this Ground Zero is to extend credibility ing and having some resistance to earmark is appropriate. quite a bit, in my opinion. To hide be- spending which I feel is inappropriate It should also not use a brand new ex- hind that and use it in such a personal is fairly strong. ercise in tax policy, which is totally in- way which basically questions another As chairman of the Budget Com- appropriate, of basically using the tax Member’s integrity is obviously inap- mittee, I tried to discipline spending. I laws in a way that creates an earmark propriate. tried to make our Government more af- by saying that you get a credit for a I think the Senator may have the fordable for our children. I tried not to tax you don’t even have to pay. That is votes to support his proposal to raid pass on to our children debts which very bad precedent—horrific precedent, the Tax Code for $1.6 billion. Maybe he they should not have to bear so our quite honestly. has the votes to do that. But it should children can have the opportunity to This earmark should see the light of not be on this bill. It is not an airplane live as fulfilling a life and have as high day, and I don’t think it can be de- issue. I can tell you right now, if I have quality a life as we have had. fended on the grounds of 9/11. In fact, I anything to say about it, this bill is There is in this bill a proposal to think that really does serious damage not going to move forward as long as it spend $1.6 billion on an air train to to the historic and very human per- is on this bill. Kennedy Airport. That is not an air- spective of 9/11. To try to defend build- It had not been my intention to en- craft issue. It is clearly an add-on. This ing an air train to Kennedy Airport and gage at this level, but, as, you know, proposal is, ironically, paid for using stand behind 9/11 as your reasoning, people from New Hampshire know how the Tax Code in a very ingenious way. and then claim, in a way that is most to play politics. We know how to deal It gives a credit to the State of New inappropriate, in my opinion, if some- in this Chamber as well as people from York, or the city, for taxes which they body opposes that proposal, they are New York. We may be from the coun- don’t pay over a period of time, which attacking the memory and the purpose try, but we know how to engage. It ap- is fairly extensive. I think it will run and the sacredness of the 9/11 event and pears engagement has been called into the period 2020. That credit totals the Ground Zero reconstruction, is upon, so let us go forward and see who about $1.6 billion, $1.7 billion. It is, just, even by New York standards of is right, see who has the equities on under any scenario—I did not use this exaggerated politics, carrying it a step their side, and determine whether the term when I spoke about it first, but I too far—more than a step too far, in American people believe building a will use it now—it is under any sce- my opinion. But that is what was done train which was designed in 1988, was nario an earmark, and not a very good here. committed to, I believe, in 1998, about earmark, to say the least. An earmark was created for some- which there is considerable discussion The representation is that my oppo- thing which has only marginal rela- whether it should even be going for- sition to this is an attack on the ef- tionship to even downtown Manhat- ward, which is an elevated train to an forts of this country to address the tan—I guess you have to get there from airport in, I believe, Queens, is an ap- very serious and legitimate and appro- Manhattan, so I guess it has a relation- propriate use of $1.7 or $1.6 billion of priate concerns of the city of New York ship—certainly no nexus with Ground their hard-earned income. Let’s see that resulted from 9/11. Zero from the standpoint of an air what happens on that issue. After 9/11, the people of New Hamp- tram construction to Kennedy Airport. I yield the floor. shire and the people of this Nation Using the tax laws in an abusive way to Mr. ROCKEFELLER. Mr. President, I were committed and remain committed generate this earmark and then claim- suggest the absence of a quorum. to making sure the city of New York is ing, when anybody raises the question The PRESIDING OFFICER. The made whole, to the extent it can be. of the legitimacy of it, that they are clerk will call the roll.

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.000 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7572 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 May 1, 2008 The legislative clerk proceeded to service to rural States such as West Tokyo, London, Dubai is critical if my call the roll. Virginia and Montana and parts of State is going to compete in the global Mr. ROCKEFELLER. I ask unani- Ohio, I am quite certain, also provide economy. West Virginia has been able mous consent that the order for the the vast majority of air service to to attract firms from around the world quorum call be rescinded. midsize communities across the coun- because corporate executives know The PRESIDING OFFICER. Without try, and they are teetering on the they can visit their operations with objection, it is so ordered. brink of collapse because of high fuel ease. That is why we have air service. Mr. ROCKEFELLER. Mr. President, I prices. Rural and smalltown America must remember those days in West Virginia As Senator BAUCUS knows all too continue to be adequately linked to the when all the major airlines operating well, small airlines across the West Nation’s air transportation network if large jet aircraft served all of West have folded, leaving at least 17 commu- its people and businesses are to com- Virginia’s airports—jets, actual jets nities with no air service at all. Seven- pete with larger urban areas and coming into West Virginia. Airline de- teen communities would sort of make around the world. regulation was a terrible mistake. It up the entire State of West Virginia. When Congress deregulated the air- changed the very nature of air travel in That is a terrible blow. So few regional line industry, we promised small and this country for all. For millions of airlines are willing to initiate service rural communities we would make sure Americans in large urban areas, it ush- to small, isolated communities that, they would remain connected to the ered in an era of affordable air traffic. when one withdraws service, it is very aviation system. We have failed in our A trip to New York and Los Angeles hard to find replacement air service. In commitment to those promises. The went down. In fact, at a number of most cases, it is impossible. Hundreds Essential Air Service Program, which points, it became much cheaper to go of small and rural communities across Congress established when we deregu- to Los Angeles from New York than to our country are facing drastically re- lated the airline industry, is not a huge go from West Virginia to Washington. duced air service because of this finan- program, but it provides money to at- But for West Virginia communities, it cial turmoil in the industry. Even in tract airlines into smaller commu- meant a loss of service and conven- the best of times, these communities nities and is incredibly valuable. ience and often higher prices. It face a difficult time maintaining and But, on the other hand, the essential seemed to me that the big jets dis- developing new air service options. air service has never met the true appeared from West Virginia within Today, their challenge is preventing needs and expectations of rural air days of deregulation. I remember those the complete loss of air service. That is service or the necessary requirements nice American, United, and Eastern effort No. 1: Hold on to whatever you of rural air service. jets sitting out there on the tarmac, might have. No matter if it is one In West Virginia, the essential air people piling on. Deregulation—boom, flight a day, hold on to it. Fight for it. service has often been plagued by high they were gone. I strongly believe the Federal Gov- fares and limited, sporadic service. For For 30 years, small and rural commu- ernment must continue to assist our 10 years, I have worked to strengthen nities have had to cope with very lim- most vulnerable communities stay con- small community air service. I do that ited and unreliable service. The Pre- nected to the Nation’s aviation net- because I represent a rural State with siding Officer knows exactly what I am work, a network paid for by all Ameri- hard-working people who have an enor- talking about. Over the last several cans. mous desire to succeed and to work and years, these problems have been exac- The reduction or elimination of air are deprived of what many other Amer- erbated by the weakened financial con- service has been devastating in terms icans take for granted. That is not fair dition of the U.S. airlines, which is of its effect on the economic well-being in Internet connection; you cannot what this whole effort to get a bill of many of our communities across the have a rural and urban divide. It is just going is about. country. Having adequate air service is as true in airline service; you cannot After September 11, dozens of com- not only a matter of convenience, it is have urban doing well, rurals being left munities saw a dramatic decrease in a matter of economic survival. Without out because we are all Americans, all the level of air service. It was measur- access to reliable air service, busi- created by God to be equal. able, noticeable, and depressing. Many nesses will not locate their operations So I have worked to strengthen small lost service altogether. As the industry in these areas of the country, no mat- community air service. In the Aviation recovered from the dramatic downturn ter how attractive the quality of life or Investment and Reform Act for the 21st in the air traffic that tragic day the quality of the workforce. We have, Century, which Congress enacted into sparked, small communities did not see for example, extremely low housing law in the distant past of the year 2000, the benefits of that resurgence because prices, low property taxes, and an ex- we began to address the need to im- once they dropped something, it was traordinarily highly productive work- prove air service in small and rural easier to keep it dropped rather than to force, with an average in manufac- communities. help. turing of 1 percent annual turnover. I, along with many of my colleagues, Small community air service is fac- That is almost unheard of. Airports are supported the creation of something ing an unprecedented crisis. If we fail economic engines that attract critical called the Small Community Air Serv- to act to address this problem, dozens new development opportunities and the ice Development Pilot Program, a com- of small communities across our Na- people who can make those things hap- petitive grant program to provide com- tion will face a future without air serv- pen or continue to grow. munities with the resources they need- ice. Consider that for a moment—small West Virginia is a very good place to ed to attract new air service to their communities, viable industries, insti- do business. Toyota and a number of town. We try everything we can. We tutions, people who count. Americans other large industries, chemical and try absolutely everything we can. Over are born equal, but then some don’t otherwise, have found that out. I can 100 communities now have used these have air service. That is what we have proudly state that countless large U.S. grants to secure and retain new air now. Without access to reliable air and international companies have fa- service options. That is good. service, we throw into question their cilities in my State. I can even point I wish to highlight two success sto- economic future. out that 20 Japanese companies have ries which happened in my State. I do not come to the Senate to rep- industries in the State of West Vir- Charleston received money under the resent the diminution of possibilities ginia, three in Wayne County, which program I have described and has used for West Virginia’s economic future. I the Presiding Officer is familiar with. it successfully—Charleston is our cap- have spoken about the weakened finan- From West Virginia, a business trav- ital—they have used it very success- cial condition of our major airlines. eler can get to seven airline hubs and fully to attract a new service connec- But we must also recognize that small from these seven cities can get to any tion for our chemical industry to Hous- regional carriers that provide the air point on the globe. One-stop service to ton. Why is that important? Well, our

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.000 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 7573 chemical companies do a lot of the Four West Virginia commercial air- My legislation builds on existing pro- training of their people in Houston and ports rely solely upon the Essential Air grams and strengthens them. We must then they come back and they work in Service program for any service at all. continue to provide our constituents our chemical companies. Air service to We are extending that and enlarging the tools and resources necessary to at- Houston gave West Virginians an im- the amount. No community wants to tract air service, and we are doing portant gateway, in addition, there- be dependent on essential air service. It that. fore, to the markets of Latin America. is not a badge of honor. But it is a fact So, in closing, I should say a subsidy Over the past 2 years, Tri-State Air- of survival. But for many, it is their alone does not solve the problems of port in Huntington has been reborn be- only option to maintain air service. small community air service. If our cause of the money it received under But as I mentioned earlier, the pro- constituents do not use that service, or this Small Community Air Service De- gram has not met the needs of many the airlines take it away—airlines can- velopment Grant Program. Prior to at- communities. In 2003, as part of the not operate unprofitable flights or tracting a low-cost charter operator, last FAA reauthorization bill, I created flights that are marginally profitable, the airport had seen a steep decline in a number of new voluntary pilot pro- for which they could do better else- the number of passengers using the air- grams for essential air service commu- where. They make a little bit of money port. With fewer passengers, airlines nities. I modeled these initiatives after or they do not make a little bit of cut back flights. Fewer flights meant the Small Community Air Service money, and they are gone because their fewer passengers. It was a death spiral. Pilot Program by focusing on incen- situation is so dire. Once the community was able to se- tives rather than punitive approaches. I do not know what the future of the cure a grant, matched with almost as Under this new plan, a community U.S. airline industry will look like in 6 many local dollars, airport officials could receive funds to develop its own months, but our Nation needs a strong were able to attract a new carrier that marketing plans rather than rely on airline industry. Our communities need the airline for one. It could use funds served the critical markets local resi- to be connected to the aviation system. dents wanted. For the first time in 20 to increase service levels, opt to use That is why we are going through years, large jets roared off the runways different types of aircraft or inves- this most extraordinary exercise of no tigate the use of alternative transpor- in West Virginia, in Huntington. The amendments to be voted on, a good tation service. In other words, it said: airport will have 100,000 passengers deal of time to sit and talk, a great What is our problem? What are we pass through its gates for the first time deal of frustration. But we are trying going to do about it? We cannot wait in decades. to pass something called the Federal Now, that is not very impressive if on other people. We have to make these aviation bill that will provide service you are from New York or Los Angeles, decisions ourselves. We are doing that to our people. If there is anything in but in West Virginia it shakes the in West Virginia. the national interest, it is that. I will world, and it gives people new hope. I This year, we have added a number of not go so far as to say it is more impor- was there when all this happened, and provisions to strengthen the Essential tant than the interstate highway sys- you could see a new sense of vigor and Air Service program. We have in- tem, in terms of economic development determination in the population. Air creased the authorization level for the and also reaching out to the world, service attracts community ambition. program by $58 million to $175 million Improving air service must be a col- a year. We have included provisions to which all our States need now to do on lective effort. Communities are most help carriers that provide the essential a two-way basis. successful in creating new air service air service so they can meet the cost of So we fight. We continue to fight. options when everyone—including the high fuel. It is essential. We have in- I yield the floor. Federal and the State governments, creased the flexibility of the program The PRESIDING OFFICER (Mrs. airports, airlines, businesses, and citi- even further so communities can work MCCASKILL). The Senator from Geor- zens—works together to attract, pro- with the Department of Transportation gia. mote, and use the service. and air carriers to find air service that Mr. ISAKSON. Madam President, One of the things we learned the hard works for them. while the distinguished Senator from way in West Virginia was you cannot Small and rural communities are the West Virginia is on the floor, I wish to, treat an airport similar to something very first to bear the brunt of bad eco- first of all, commend him for his ef- which is out there which people will nomic times. It has always been so. It forts on behalf of aviation in the automatically go to. We used to have a shall always be so. The Presiding Offi- United States. I associate myself with lot of our people from Charleston driv- cer knows exactly what I am talking his remarks about rural and under- ing all the way to Cincinnati and actu- about. We are always, in West Virginia, served areas. I associate myself with ally not understanding that the cost of at the end of the food chain on every- all the remarks he made in support of traveling to Cincinnati and the fuel thing. We understand that. We do not our aviation system. and the overnight and all the rest of it like it, but that is our current destiny, I am one of those people who are actually did not give them that much and so that is why we have to fight frustrated with our inability to deal of a financial break, but they looked at harder and try to be more imaginative. right now with amendments. I under- the cost of the airline and off they The general economic downturn and stand a substitute was offered last went. So 16 percent of Charleston’s the dire straits of the aviation industry night and the tree was filled so there traffic disappeared. have placed exceptional burdens on air are no germane amendments that I am now proud to say West Virginia service to our most isolated commu- were—the amendments that were filed communities have been able to use this nities. The Federal Government must yesterday are no longer germane; am I important program to rethink their air provide additional resources for small correct? service needs, to think about mar- communities to help themselves at- Mr. ROCKEFELLER. Madam Presi- keting airports. You market airports tract air service. If you have to do the dent, I say to my good friend, the Sen- like you market anything else. People work yourself, you do it. You just do it. ator from Georgia, things have changed have to be aware of it. You have to at- The Federal Government must make a bit this morning and decisions are tract people to it. It is not something sure our most vulnerable towns and being made on that side of the aisle which is there. It is something which cities are linked to the rest of the Na- that will determine whether we can has to sell itself. LaGuardia does not tion. It is an easy statement to make, move forward. I am hopeful about that have to do that. Newark does not have but it is a huge statement. We have an process. to do that. In West Virginia, we have obligation in this country to make sure Mr. ISAKSON. Madam President, in to do that, and we are doing that. all of our communities and our people the hopeful event we can move forward, The FAA bill that is before us ex- are linked to the broad air service op- I wish to, for a minute, with the distin- tends the authorization for these im- portunities, hubs and spokes. It has to guished Senator, make him aware of an portant programs for 4 more years. happen. amendment I submitted yesterday but

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.000 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7574 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 May 1, 2008 is not pending. It cannot be pending The PRESIDING OFFICER. The MAY 1, 2008. right now. I agree with the Senator en- clerk will report the amendment. Hon. RON WYDEN, tirely on the importance to the Amer- The bill clerk read as follows: U.S. Senate, ican economy of U.S. aviation. In the The Senator from West Virginia [Mr. Washington, DC. Hon. ROBERT F. BENNETT, bill they put out, there is one element ROCKEFELLER] proposes an amendment num- bered 4642 to amendment No. 4637. U.S. Senate, that was not addressed that I think Washington, DC. should be. Mr. ROCKEFELLER. Madam Presi- DEAR SENATORS: At your request, the staffs On December 31 of this year, the dent, I ask unanimous consent that the of our two organizations have collaborated United States providing terrorism in- reading of the amendment be dispensed on a preliminary analysis of a modified pro- surance to the airlines sunsets. If it is, with. posal for comprehensive health insurance there will be no access to terrorism in- The PRESIDING OFFICER. Without based on S. 334, the ‘‘Healthy Americans Act,’’ which you introduced last year. That surance by U.S. domestic carriers be- objection, it is so ordered. The amendment is as follows: modified proposal includes various clarifica- cause the only private insurers that tions and changes that you have indicated In the amendment, strike ‘‘1’’ and insert will offer terrorism insurance offer it you would like to examine as part of the con- ‘‘3.’’ with an advanced cancellation provi- sideration of that bill. Attachment A sum- sion, which basically means if we went Mr. WYDEN. Madam President, I ask marizes our understanding of your modified to a code level orange or a code level unanimous consent to speak as in proposal. red, the insurance company in advance morning business for up to 15 minutes. The staffs of the Congressional Budget Of- The PRESIDING OFFICER. Without fice (CBO) and the Joint Committee on Tax- of a terrorist attack could actually objection, it is so ordered. ation (JCT) have worked closely together for cancel the insurance. So the aviation the past several months to analyze your HEALTHY AMERICANS ACT industry would be without insurance. modified proposal; this collaboration reflects Our competition in Europe does not Mr. WYDEN. Madam President, there both the novelty of the undertaking and the have that problem. They still have pri- is now an historic coalition here in the intimate connection between the revenue vate insurance available for coverage Senate, a group of 14 Senators. Seven and expenditure components of this proposal. of aviation terrorism. I submitted an Democrats and 7 Republicans are spon- We have summarized our conclusions in this joint letter; its purpose is to give you pre- amendment yesterday that would ex- soring a health bill guaranteeing all Americans quality, affordable health liminary guidance regarding an approximate tend the date of December 31 of this range of revenue and cost results that might year—which is the expiration date—to care coverage. There has never been such a coalition in the history of the be expected from your modified proposal. make it December 31, 2011, so airlines This joint letter does not constitute and Senate. can continue to pay the U.S. Govern- should not be interpreted as a formal esti- Today our group got some historic mate of your proposal’s budgetary impact, ment for insurance against terrorism. news. The Government’s go-to officials If my understandings are correct, which—for the purposes of scoring under the for budgeting and taxes have thrown those premiums totaled $160 million in Congressional Budget Act—would ultimately decades of conventional wisdom into be provided by CBO and would incorporate the last year and are a revenue source the trash can. They have informed our revenue estimates prepared by the JCT staff. to the United States of America, as it group that all Americans can have The basic thrust of your modified proposal should be. We should not be providing quality, affordable health care cov- is to require individuals to purchase private it without cost. health insurance and to establish state-run erage without breaking the bank. purchasing pools and a system of Federal So I would hope, when the meetings Briefly, here is what the Congres- that are going on are concluded, and if premium collections and subsidies to facili- sional Budget Office and the Joint tate those purchases. The system’s premium we can get back to the base bill and if Committee on Taxation have found. collection and subsidy mechanisms would be amendments again become relevant, They found that our legislation, the based largely on income tax filings, and the that the distinguished Senator from Healthy Americans Act, can be up and required benefits would initially be based on West Virginia, the Senator from Alas- running in 2012. They found the legisla- the Blue Cross/Blue Shield standard plan of- ka, and the others who have worked so tion would become budget neutral in fered to Federal workers in 2011 and then al- hard on this legislation will look favor- lowed to grow at the rate of growth of the 2014. That means our legislation is self- economy. Although employers would have ably on an extension of terrorism in- financing in the first year that uni- surance availability to domestic U.S. the option of continuing to offer coverage to versal health care coverage would be their workers, nearly all individuals who carriers. fully implemented in our country. In were not enrolled in Medicare would obtain With that, Madam President, I yield the years after 2014, because the legis- their basic health insurance coverage the floor and suggest the absence of a lation holds down health cost in- through this new system. Most enrollees in quorum. creases, it starts to generate budget Medicaid and all enrollees in the State Chil- The PRESIDING OFFICER. The surpluses for the Federal Government. dren’s Health Insurance Program (SCHIP) clerk will call the roll. This analysis is fresh, independent would have their primary insurance coverage The bill clerk proceeded to call the shifted to the new system. evidence that health care can be fixed Your proposal also would replace the cur- roll. without massive tax increases or boat- Mr. ROCKEFELLER. Madam Presi- rent tax exclusion for employer-based health loads of additional Government spend- insurance premiums with a fixed income tax dent, I ask unanimous consent that the ing. It is a chance, in my view, for Con- deduction for health insurance. (In addition, order for the quorum call be rescinded. gress and our country to look at the employers that had provided health insur- The PRESIDING OFFICER. Without issue of health care reform with fresh ance would be expected to ‘‘cash out’’ their objection, it is so ordered. eyes, because what the Congressional workers—that is, to increase workers’ wages Mr. ROCKEFELLER. Madam Presi- Budget Office and the Joint Committee by the average contribution that the em- dent, I say also to my very dear friend on Taxation have analyzed doesn’t in- ployers would have made for their health from Georgia with whom I have a long plan.) The proposal also would require new volve a set of lofty principles or some tax payments from employers to the Federal and wonderful background because of of the oratory from the campaign trail, his strong reaction to our plight in government and further would seek to recap- but it is actual legislation. ture the savings to state governments from West Virginia with the coal miners—he Because this report is a historic doc- reduced expenditures on Medicaid and doesn’t have coal in his State but he ument, I ask unanimous consent that SCHIP. came into our State and adopted it as the letter dated today from the Con- There are several important distinctions his own and we adopted him. gressional Budget Office and the Joint between the proposal we analyzed and S. 334 I also wish to tell him that what he Committee on Taxation be printed in as it was introduced. For example, our anal- ysis was limited to the operation of the new is suggesting is something I very much the RECORD. The report is available on support. health insurance purchasing system and did the CBO Web site www.cbo.gov. not take into account most of S. 334’s provi- AMENDMENT NO. 4642 TO AMENDMENT NO. 4637 There being no objection, the mate- sions regarding the Medicare program or Madam President, I believe there is rial was ordered to be printed in the other provisions that would not directly af- an amendment at the desk. RECORD, as follows: fect the new system. More fundamentally,

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.000 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 7575 the modified proposal would tie the pre- amount of the new health insurance deduc- and insurance companies. Clearly, miums collected through the tax system—as tion would grow at the rate of general price there is a significant role to play for well as the premium subsidies for lower-in- inflation and thus would increase more slow- them. But what we do in our legisla- come households—to the cost of the least ex- ly than the value of the current tax exclu- tion is provide a bigger role for individ- sion. pensive health plan available in an area that uals and especially their health care provided required benefits, not to the aver- Second, the minimum value of covered age premium amount, as under S. 334. Fur- benefits that all participating health plans providers—the thousands of doctors thermore, the value of the new tax deduction had to provide would initially be set at the and nurses and physician assistants. would not vary with the premium of the in- level of the Blue Cross/Blue Shield standard We make sure that everybody under surance policy that was actually purchased, option offered to Federal workers in 2011 (we our legislation could have a health care and the schedule of employers’ payment assume that the system’s inaugural year home. So instead of being lost in an in- rates would range from 3 percent to 26 per- would be 2012); but under your proposal that credibly complicated health care sys- cent (rather than 2 percent to 25 percent) of average value would from that point forward tem, there would be one person who be indexed to growth in gross domestic prod- the average premium. Attachment B de- would coordinate each individual’s scribes in more detail the main differences uct per capita rather than growth in health care costs. Because Federal premium sub- care. between your modified proposal and S. 334. A big part of what we are doing in The preliminary analysis reflected in this sidies would be based on the cost of pro- letter is subject to three important limita- viding that level of coverage, the cost of this bill is to modernize the employer- tions. First, the staffs of both JCT and CBO those subsidies would grow more slowly over employee relationship in the health are in the process of enhancing our capabili- time. care field. What we are doing in 2008 in ties to estimate the effects of comprehensive We hope this analysis is useful to you. Not health care as it relates to employers health care proposals. Improvements in our surprisingly, a number of uncertainties arise and employees isn’t much different in attempting to predict the effects of such methodologies or more careful analysis of than what was done in 1948. The Chair large-scale changes to the current health in- your modified proposal’s provisions—par- surance system. Although we have provided can remember all of the efforts of ticularly as you translate those concepts a range of results that reflect our current ex- President Truman to make changes in into formal legislative language—could pectations about likely outcomes, actual ex- American health care. So we modernize change our assessment of its consequences. perience—and the results of a formal cost es- that relationship. We continue to let Second, any formal budget estimate will timate—could differ substantially in either reflect the macroeconomic assumptions and employers who choose to offer cov- direction. If you have any questions about the baseline projections of current-law tax erage, but we give the workers more this analysis, please do not hesitate to con- and spending policies in effect at the time it choices with respect to their health tact us; the staff contacts are Pam Moomau is issued. That baseline could differ materi- and Nikole Flax for JCT and Philip Ellis for care and we give the employers much ally from today’s baseline. CBO. needed cost relief, which is especially Third, we focused our analysis on a single Sincerely, essential at a time when they are com- future year in which the proposed system PETER R. ORSZAG, peting in tough global markets. would be fully implemented. For that pur- Director, Congres- I want to mention all of my col- pose, we settled on 2014, the sixth year of the sional Budget Office. leagues who are sponsoring this legisla- current 2009–2018 budget window. Under an EDWARD D. KLEINBARD, tion with me. Senator BENNETT of assumption that the proposal is enacted in Chief of Staff, Joint 2008, that timeline for full implementation Utah, a member of the Republican Committee on Tax- leadership, is the principal cosponsor. seems to us to be achievable but could be op- ation. timistic, as we expect that it would probably Senator BENNETT’s knowledge of eco- take until 2012 for the new system to begin Mr. WYDEN. Madam President, I nomics, in my view, has few equals and operation, and several years after that for wish to touch on a few points with re- I could not have a better partner for various phase-ins and behavioral adjust- spect to this report. Obviously, the key this whole effort. We have seven Demo- ments to take place. The new system would to fixing health care is to contain crats and seven Republicans who are on involve temporary net budgetary costs in its costs. Our bipartisan legislation does the effort. I am particularly pleased initial years; we have not analyzed the mag- that by making sure all Americans nitude of those early-year transition costs. that so many from the Senate Finance have more clout in the marketplace. Committee, where Senator BAUCUS and Overall, our preliminary analysis indicates We achieve that by making sure that that the proposal would be roughly budget- Senator GRASSLEY have worked in a bi- neutral in 2014. That is, our analysis suggests everyone goes into a big pool, because partisan tradition for years, are part of that your proposal would be essentially self- if they are off by themselves, they our effort. From the Senate Finance financing in the first year that it was fully don’t have a lot of ability to get the Committee we have Senator GRASSLEY implemented. That net result reflects large best deal for their health care dollar. and Senator CRAPO and Senator gross changes in Federal revenues and out- But if they belong to a bigger group, STABENOW cosponsoring the legislation, lays that would roughly offset each other. they have a lot better chance of con- all of them making a great contribu- More specifically, under your proposal, taining costs. We cut the administra- most health insurance premiums that are tion in this area. tive costs of health care. We use a As we go forward in the days ahead, now paid privately would flow through the State and regional pooling approach Federal budget. As a result, total Federal Senator STABENOW’s expertise and in- outlays for health insurance premiums in that has been found to cut administra- terest, particularly in health informa- 2014 would be on the order of $1.3 trillion to tive costs. We get patients out of un- tion technology, is going to be instru- $1.4 trillion. Those costs would be approxi- necessary hospital emergency room mental. For example, Dr. Orszag, the mately offset by revenues and savings from visits because more would get seen on director of the Congressional Budget several sources: premium payments collected an outpatient basis. We make progres- Office, who brings great profes- from individuals through their tax returns; sive changes in tax law and we em- sionalism to this effort to look at revenue raised by replacing the current tax power consumers, because for the first health care, this morning when he exclusion for health insurance with an in- time, if they have employer-based come tax deduction; new tax payments by briefed eight of us in the Senate on the employers to the Federal government; Fed- health coverage, they could actually legislation, mentioned the fact that eral savings on Medicaid and SCHIP; and find out what is being spent on their the evidence suggests as much as 30 state maintenance-of-effort payments of health care. Right now, basically all percent of the health care dollar is their savings from Medicaid and SCHIP. At- they know is they are not seeing their spent in a fashion that produces very tachment C provides more information about wages go up because health care costs little value. So what Senator the approximate magnitudes of those compo- are eating up all of the employers’ re- STABENOW is trying to do with health nents. sources. We think making sure that information technology, electronic For the years after 2014, we anticipate that the worker knows what is being spent medical records, and other innovative the fiscal impact would improve gradually, so that the proposal would tend to become on health care provides them a new set approaches is to wring more value out more than self-financing and thereby would of opportunities to get more for their of every health care dollar. Her con- reduce future budget deficits or increase fu- health care dollar. tribution is so very important. ture surpluses. That improvement would re- My view is that today’s health care Senator GRASSLEY and I have worked flect two features of the proposal. First, the system is largely driven by employers together on many health care issues.

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Of course, the partnership we have on two former governors, Senator CARPER have never issued—in the history of the Finance Committee between Chair- and Senator ALEXANDER. The Healthy their organizations—an analysis like man BAUCUS and Senator GRASSLEY is Americans Act gives a major role to the one they made available today. a very rare and a very beneficial alli- the states in reforming our health sys- Never in the history of the organiza- ance here in the Senate, and I so appre- tem and it’s critical to have the sup- tions has there been such an analysis. ciate Senator GRASSLEY’s involvement. port of Senators with the knowledge of I submit that if there had been an Senator CRAPO is my partner in the state government and executive leader- analysis like this done the last time West who has a great interest and long- ship experience they have supporting the Congress debated universal cov- standing involvement in rural health our legislation. It is a group unlike any erage back in 1993 and 1994, if there had care, and we are very pleased that he is other we have seen in the history of been a report like this one from the an additional voice on the Senate Fi- the Senate. Fourteen Senators—seven Congressional Budget Office and the nance Committee for the legislation. Democrats, seven Republicans—actu- Joint Committee on Taxation, they I would also like to credit the other ally cosponsoring together a piece of could have moved forward on a bipar- Senators who are involved. We are very legislation that will guarantee all tisan basis to actually pass legislation, pleased that Senator LANDRIEU, who is Americans affordable, good quality see it signed into law, and end the dis- helping to reinvent health care in her coverage. grace that a country such as ours, State as a result of destruction caused This legislation ensures that all of which is good and strong and talented, by Hurricane Katrina and all of the our people have choices such as we hasn’t been able to fix American health challenges they face, has been particu- have here in the Congress. We have care. larly interested in and creative in choices among a number of very good This time, I think we are up to it. thinking about opening up new oppor- private sector packages. It ensures Senator BENNETT and I have kept ap- tunities for entrepreneurship in her that coverage for the first time will be prised the leadership in the Senate on State and elsewhere. Senator LANDRIEU portable. You can take your coverage both sides of the aisle. It is our deter- correctly points out that if you mod- from job to job to job, which is some- mination to work with colleagues of ernize the employer-employee relation- thing that millions of Americans des- both political parties. We intend to ship in health care, that is going to perately want. work with the Presidential candidates. mean we are going to have more entre- It is our future. The fact is that I have talked with Senators CLINTON preneurs. It is going to be good for today, by the time you are 35 years old, and OBAMA many times about the business. It is going to be good for our you are likely to change your job 7 Healthy Americans Act. I talked to economy. We are going to be able to times. Yet the system almost locks Senator GRAHAM last night about the grow our economic base in the country. you into your present position. You Congressional Budget Office briefing. Senator LANDRIEU argues very elo- cannot move. You cannot go to another We know of his involvement with Sen- quently, in my view, that if you pro- opportunity. I think to have a portable ator MCCAIN. If you are going to deal vide some cost relief for the employers health system where you can take your with a big, important issue, it has to be who got into the business of driving coverage from job to job to job and not bipartisan. health care by accident in the 1940s, worry about losing your coverage if Today, the Congressional Budget Of- you are going to be able to create jobs you want to take a promotion or start fice and the Joint Committee on Tax- and strengthen our economy. your own business is particularly im- ation have made a significant contribu- Senator NELSON, a former insurance portant. tion to our effort to move forward and commissioner, is one of our cosponsors. The best part about it is that the actually enact universal health cov- He has great expertise in insurance Joint Committee on Taxation and the erage that works for all Americans. We regulation. In fact, he pointed out this Congressional Budget Office have said are indebted to their organizations. morning some of the tools that are this can be done in a revenue-neutral I am particularly grateful to col- going to be necessary to prevent price way. leagues who have joined as cosponsors gouging in health insurance and is We have had a number of Senators in this effort. Senator BENNETT and I making a great contribution there. involved who have longstanding cre- will continue to work with colleagues Senator LIEBERMAN has a long-stand- dentials in terms of being tougher on like Senator BAUCUS, Senator KENNEDY ing interest in this and is a cosponsor. budgets and concerned about fiscal dis- and others over the next 6 or 7 months Of course, his involvement is particu- cipline. Now, the Joint Committee on so that this can be ready to go for the larly critical because his State is a Taxation and the Congressional Budget next President of the United States. center of health insurance and tech- Office have said that, contrary to pop- I yield the floor. nology and there are a variety of major ular wisdom that universal coverage is The PRESIDING OFFICER. The Sen- economic concerns involved. going to break the bank and require ator from Idaho is recognized. We are very glad to have Senator tax hikes and new spending, it can be Mr. CRAIG. Madam President, what GREGG, who is the ranking member on done in a budget-neutral kind of fash- is the current state of the floor? the Budget Committee and a driving ion. The PRESIDING OFFICER. The Sen- force on keeping down health costs to Finally, I want to add since I think I ate is considering H.R. 2881. make health care more affordable and really didn’t do him justice earlier— Mr. CRAIG. Madam President, I ask available to all. We’re also pleased to Senator INOUYE has been a wonderful unanimous consent that I be allowed to have the support of Senator INOUYE, addition to our group. He and his staff speak as in morning business. who as chairman of the Defense Appro- have had a great interest in looking at The PRESIDING OFFICER. Without priations Subcommittee, has shown his a number of health reform issues, par- objection, it is so ordered. leadership in health care research for ticularly ones that make better use of (The remarks of Mr. CRAIG pertaining our soldiers and sailors with benefits our workforce, focused on prevention to the introduction of S. 2953 are lo- for all Americans. We also appreciate and quality. We are thrilled to have cated in today’s RECORD under ‘‘State- the support of Senator CORKER, who him as well. ments on Introduced Bills and Joint has been a leading advocate for reform- Madam President, I note that one of Resolutions.’’) ing the tax code to make health insur- our colleagues has come to the floor. I The PRESIDING OFFICER. The Sen- ance more available and affordable. will wrap up simply by saying that I ator from Florida. And we’re grateful for support from think the entire Senate should be very Mr. NELSON of Florida. Madam Senator COLEMAN, who has the world grateful for the outstanding work done President, the statement by the Sen- renowned Mayo Clinic in his state and by the Joint Committee on Taxation ator from Idaho with regard to the himself has been a leader in the area of and the Congressional Budget Office, need for drilling has been articulated health technology. And we are espe- led by Peter Orszag and Edward by a very respected columnist, Robert cially pleased to have the support of Kleinbard. Those two organizations J. Samuelson, who recently wrote his

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.000 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 7577 column, published in the Washington We are a nation that is hooked on oil. So, first, if we start to enact serious Post, that in essence said we ought to Drilling along the Florida shore or in conservation measures, and things put oil rigs off the protected shores of wildlife preserves will not break the such as a 40-miles-per-gallon mandate Florida and in the preserved wilds of habit. By the way, one of the main rea- for the fleet average of our personal ve- Alaska. sons oil prices have gone up so sharply hicles, and if we provided greater tax Once again, we are going to hear in recent years is the volatility of breaks for hybrid cars, and ultimately statements such as that of the Senator major producer nations, such as Iraq hydrogen-powered and electric-powered from Idaho and read statements in the and Iran—not even to mention Ven- cars, then we are going to start making written press by Mr. Samuelson as gas ezuela and Nigeria. History reflects a difference. prices are hitting record highs. We are similar spikes, circa 1973, when we had Second, the Government, our Govern- going to see the renewed push by the an OPEC oil embargo related to a war ment, led by our next President, is Bush administration and by the oil in- in the Middle East; then again in 1979 going to have to enact and subsidize a dustry to drill in areas that are pro- with the Iranian revolution; again in national energy program to transform tected, such as the Gulf of Mexico off 1990 with Iraq’s invasion of Kuwait and us from our energy dependence on oil, Florida, as articulated by the Senator the first gulf war; and again, since 2003, especially foreign oil, to alternative from Idaho, as well as the area known with the war in Iraq, concomitant with and synthetic fuels to power much of as ANWR, which is in the preserved increasing Asian demand. the transportation sector. wilderness of Alaska. Drilling right The common denominator in all Members of the Senate, it has been away in environmentally protected these spikes is they are fueled by the done before. Remember in the 1960s, areas was the centerpiece of Mr. subsequent increase in oil speculation. President Kennedy led us to conquer Samuelson’s solution to the rising gas The common denominator is trouble in the bounds of Earth, to go to the Moon prices. the Middle East and especially in Iraq and return, and all of that occurred There is not one of us in this Cham- and Iran. More drilling along protected within a decade. So we have got to act ber who does not want to do something U.S. coasts, in bays and harbors and in with the same urgency. And while we about those gas prices. What Mr. Sam- the pristine wilderness of Alaska, will are at it, we are going to have to make uelson said in his column was that to not stabilize Iraq and it will not guar- ethanol, ethanol that we will make oppose drilling in those protected antee Saudi Arabia’s long-term friend- from things we do not eat so we do not areas—as indicated also by the Senator ship. Nor will it end the unregulated reduce our food supply. who has just spoken—to oppose drilling speculation that has driven the price of While we are at that, we are also in those protected areas, he said, is oil to more than $118 a barrel when the going to have to pay attention to how sheer stupidity. And he said further it price should have been no more than we power not only our cars and our is a ‘‘prejudice against oil companies.’’ $55 a barrel, based on present supply trucks, but our homes and our indus- That is the same thing the oil compa- and demand, according to an industry try. We are going to need to develop nies say every time there is a spike in leader’s testimony before Congress. solar, wind, thermal energy, and hydro- prices. They have their long-term rem- That means the law of supply and de- electric. And who knows the advances edy that would expose these wilderness mand has been broken and we are pay- of technology in harnessing renewable areas, and Florida’s beach and tourism- ing at least $63 per barrel over and energy sources. We are going to have to driven economy, our areas of an envi- above what supply and demand would look for electricity that is from safer ronmentally sensitive nature, as well produce—a price of $55. We are paying nuclear power. as the military interests I asked the that extra $63 per barrel to enrich in- Now, this is what our Presidential Senator from Idaho to acknowledge, vestment bankers, speculators, and oil candidates ought to be hearing and ul- and they would put all that at risk. It companies. timately before this election they is these same oil companies that are As Mr. Samuelson says in his col- ought to be making a pledge to the now, because of the high price of gaso- umn: ‘‘What to do?’’ American people that they are going to line, going to make another end run— The U.S. failed in the 1970s to enact a do this. In the 10 years going forward very possibly next week—and try to real energy program to get us off oil. that it would take to bring in new oil bust the ban, the longstanding ban on The result is it is Brazil that runs on rigs fully to market, in that 10 years, if coastal drilling. Of course, they are ethanol today—not the United States. we are good stewards of what we have, going to cite what they do every time Germany leads the world in solar we will have conserved more oil than the oil prices spike high. They are power, not the United States. In the we ever get out of the ground, and we going to cite the high gasoline prices. meantime, oil companies are awash in will be mostly free from foreign oil by I am basing my predictions of what is record profits, more than $155 billion in enacting this energy plan. going to happen in the next couple of profits alone last year, at the same Our future will not be realized by weeks, I am basing this assertion on time not spending enough on refineries looking backward to the short-term the oil industry’s track record and on or alternative energy, while guess who polluting and dirty energy solutions of the comments made Tuesday by the is getting it in the neck: the consumers the last century, solutions they still President, renewing his call for drill- at the pump. offer for the future, solutions by people ing. I am basing it on the suggestions Then, even worse, it took the United who do not want to change their ways, we see in this newspaper column. States more than 30 years to raise such as oil companies. In advance of this likely new assault, mileage standards on cars and trucks So should we start drilling right now this Senator wants to make clear oil to a paltry 35 miles per gallon, some- in very environmentally sensitive that is still deep in the ground has no thing that will not even be in effect areas? To use Mr. Samuelson’s words in direct link—none—to today’s pump until the year 2020. And is it not inter- his column, ‘‘That is sheer stupidity.’’ prices. Any oil in the ground will not esting that most of Europe and the I yield the floor, and I suggest the ab- be in the marketplace for another 10 cars U.S.-based manufacturers sell sence of a quorum. years. More important, no matter what there already average 43 miles per gal- The PRESIDING OFFICER. The anybody says or what anybody writes, lon, and in Japan the cars are ap- clerk will call the roll. the United States only has 3 percent of proaching 50-miles-a-gallon. The legislative clerk proceeded to the world’s oil reserves while the In other words, we are wasting, flat call the roll. United States consumes 25 percent of out wasting billions and billions of gal- Mr. SCHUMER. Mr. President, I ask the world’s oil production. In other lons of oil. So, again, what are we to unanimous consent that the order for words, it is, to use Samuelson’s term, do? Well, about half of the oil we con- the quorum call be rescinded. ‘‘sheer stupidity’’ to think the United sume goes into transportation, and it The PRESIDING OFFICER (Mr. States can somehow drill its way out of should not take a rocket scientist to SALAZAR). Without objection, it is so the energy crisis. realize that is where we ought to focus. ordered.

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.000 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7578 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 May 1, 2008 Mr. SCHUMER. Mr. President, I rise area, is that an earmark? No. And all refer him to the language in the FAA to speak about the provision related to the hallmarks of earmarks done for bill. There is no reference to a train to the New York liberty zone that appears only one member, slipped in in secrecy, Kennedy Airport. There is no reference in the FAA reauthorization bill. A few none of that applies here. to an air rail. As I said, it sounded of my friends on the other side of the In fact, this exact proposal is in the good, but I appreciate the fact that the aisle have called this provision an ear- President’s budget this year in the Senator from New Hampshire has mark. They have called it a fund to light of day for all to study because the pulled back from calling it a train to create a train to Kennedy Airport, even President himself, as I said, has kept nowhere. I personally called him 2 days though that is not even mentioned in his word. Has it been done secretly? ago and read the language of the bill to the legislation. Obviously, no. This provision has been him. It does not mention a rail project. I wish to fill in on the facts. First, around for a while. There has been talk in Manhattan, after the devastating attacks of 9/11 As I will show in a few minutes, among the mayor and Governor and which scarred my city and our country, many of my colleagues who oppose it the city leaders who would be in charge Congress and the President generously now have voted for it in other legisla- of spending this money, that that is a agreed to provide $20 billion in assist- tion. Why has New York had to wait so possibility. But there are many other ance toward the rebuilding of lower long for this provision? It is because it possibilities as well. Manhattan. It was a promise the Presi- has passed the House a couple of times, The one thing the legislation states is about improving and rebuilding dent made to me and Senator CLINTON it has passed the Senate once, but the the day after the attacks. It is a prom- bills that passed never hooked up and transportation in the liberty zone. ise that, to his everlasting credit, the never made it to the President’s desk. That is all. There is no specific project President has kept and has never Are we going to tell those who argue mentioned in the language. There is no wavered from. The President under- that this is an earmark that any aid to particular project or projects I am sup- porting. To say otherwise is untrue. It stood, I think all of my colleagues un- any region, no matter how publicly would be totally within the law to use derstand, what happened in New York. talked about, no matter how desperate this for some subway improvements or But we still live with the scars. That the need, is an earmark? With all due respect to my colleagues, it is not fair. other types of spending. That will be downtown has not recovered. There are It is not right. It is not up to the level what the city will decide, in consulta- fewer square feet of office space today of this body or this discourse. It is tion with the Governor and the appro- than there were then in downtown. And using a word that has a bad connota- priate legislative bodies. the families who lost loved ones still tion and inappropriately labeling As for the mechanism of funding grieve every day, as does just about something that has been part of Amer- which allows the city and State to every New Yorker. ica’s nobleness since 9/11. keep part of the Federal income taxes There has always been talk about Let me give you a little bit of history withheld from city and State workers, wearing flags. I put this flag on my here. After the $20 billion in aid was we have tried various ways of designing lapel on 9/12/2001. I have worn it every passed, some of the provisions were not this aid, and this is what the adminis- day since and, God willing, I will wear fully realized, others were, and exceed- tration came up with, with our agree- it every day for the remainder of my ed the amounts of money. So the New ment and consent. If any of my col- life in remembrance of what has hap- York delegation had talked with the leagues would like to suggest another pened. President and with OMB leaders about way for fulfilling the promise they Now, of the $20 billion, the money how to make sure those dollars were would support, I am happy to listen. was divided for various purposes. Some, most wisely spent, and in some places, But I remind them that this is a solu- of course, was to help the families who the amounts of money changed. tion supported by the administration. have lost loved ones. Some was for the A consensus emerged as we went In fact, the Bush administration has cleaning up of the World Trade Center through this that the best way to sup- supported the $2 billion trade-in for the site. It was a massive undertaking—to port private enterprise, or one of the liberty zone in four consecutive budget visit the rubble a day later, to smell best ways to support private enterprise proposals. The details of how to do it, death and the burnt flesh in the air, and rebuild lower Manhattan, was to again, of how to spend the money, will and then to realize that people, not improve transportation in and around be left up to the city and State. This is only from New York but from around the liberty zone. not new money, I remind my col- the whole country came to help us help As a result, the city and State pro- leagues. It is the last part of a solemn heal those wounds. posed supporting improvements in promise made by President Bush and Some of the money was put aside spe- transportation infrastructure in or supported by this Congress in 2001. cifically so that downtown would re- connected with the liberty zone. If you The current version of the language cover; incentives to bring business look at the Treasury blue book, my passed the full House in the most re- back and money for transportation, be- colleagues, it is on pages 47 to 49. This cent energy bill. It was part of a Sen- cause the entire subway nexus had is not something that was slipped in by ate energy bill that received 59 votes been destroyed. At that point in time, any Member of the Senate, not by me last year and 58 votes earlier this year. people worried that people would or anyone else. It was the President It was also part of the FAA reform desert downtown and never come back. who proposed it in this budget, as he package that passed out of committee New Yorkers, through efforts and has proposed it in previous budgets. by broad bipartisan vote. This is not valiance, have struggled, and so that is It is not something that was slipped something that was snuck into the bill how the $20 billion came about. Was into the bill in the middle of the night. as it reached the floor of the House. It any part of the $20 billion an earmark? And to equate it with wasteful was passed and debated in the Finance Is there any reason to equate it with a porkbarrel projects is an in insult to Committee. In fact, two of my col- bridge to nowhere? Please. Please, my the families of those who survive, to leagues who have raised questions colleagues, I do appreciate that my every New Yorker, and I believe to about this—my friends from New friend from New Hampshire—I do con- every American. Hampshire and South Carolina have sider him my friend—has retracted When New York was struck, we all both voted for legislation in favor of that specific statement. But to call the rallied together. We have sort of kept enacting the liberty zone provision, $20 billion, or a significant part of it, that tone since, when it comes to help- when it has been previously considered an earmark is unfair labeling, to be ing areas that need help. So this is not as part of other legislation. kind. Or the tax preferences for the about funding porkbarrel projects. This So now to object to this, to the whole gulf opportunity zone after Katrina, is about keeping our promises and our FAA bill because it has this provision were they earmarks? They were a ben- faith. in it, is a change of view. There was no efit, a large benefit, designated for a Second, my colleague insists that objection to other legislation that had specific region. When we help a disaster this is a train to Kennedy Airport. I it on that basis.

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.000 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 7579 The junior Senator from South Caro- sure, to the best of my ability in this My mom is going to be 80 this sum- lina voted yes on final passage of two body, that this promise is kept. My mer. She has had two knee replace- bills in the 109th Congress—S. 2020, and constituents demand it. Fairness de- ments. She can’t go through an airport H.R. 4297—that both contained the lib- mands it. If this were about your without being wanded, many times her erty zone provision. Unfortunately, the State, you would demand it too. suitcase being opened. We all know provision was not in the final versions I yield the floor. that we have to check our shampoo. We of these bills, and the remaining funds The PRESIDING OFFICER. The Sen- have to not carry water bottles for Ground Zero were not allocated. By ator from Missouri. through security anymore. I think the advocating against this current posi- Mrs. MCCASKILL. Mr. President, I American flying public understands tion, it is clearly a change. There was rise to talk about an amendment that and has accepted these incredibly in- no specific vote on this rail link, but I hope to offer on the reauthorization trusive measures because they want there were votes on larger packages of the Federal Aviation Administra- safety. They want security. They want that contained it, just as this FAA tion. It is an important amendment, to make sure that when they fly, they package is a larger package that con- and I want to discuss it so that my col- are safe. So they have said: OK, I am tains it. The senior Senator from New leagues understand what this amend- going to take a bunch of time at the Hampshire has voted in favor of the ment is about. airport. I will stand in lines. I will have This is a picture of an airplane that liberty zone tax provisions at least a wand. I will have people patting my was provided to my office by a U.S. three times: First, in favor of the origi- body. I am going to do all this because safety inspector. A pilot for a Chinese nal bill, H.R. 3090; again, in favor of I want safety and security. carrier requested permission and land- two separate bills—S. 2020 and H.R. In 2003, an inspector general report ed in Frankfurt, Germany, for an un- 4297—to complete the funding in the found that there was an al-Qaida mem- scheduled refueling stop. They were ber working at a foreign repair station 109th Congress. running low on fuel. This is what the So it is hard to understand, since this in Singapore. The report discovered U.S. safety inspector provided us. This is not an earmark. This is not a spe- is what German workers found—seat- easy access to facilities by outsiders cific project. This is supported by the belts wrapped around fan blades. and found the FAA was leaving em- President. It fulfills a promise that, There is a seatbelt. There is a seat- ployee background checks and drug frankly, this Nation made to New belt, as you can see, and the structure and alcohol testing up to individual York, the last part of it. It is hard to behind. They did this to minimize tur- airlines. understand why the views have bulence because there had been an en- We note that in December 2001 a senior air- changed. We have been working 4 years gine that had failed. The inspection craft technician at a foreign repair station to finally complete this promise. Each found that a total of three engines had was found to be a member of the terrorist or- ganization Al Qaeda. . . .The aircraft techni- time objections are raised. If someone to be replaced before the plane was doesn’t like it on this bill, then make cian photographed U.S. aircraft as potential going to be allowed to take off again. targets for a terrorist attack. a commitment on what bill we can fi- What does this have to do with the nally get it done because I am going to amendment? In the latest audit, the Really, is it fair that we all are wor- try to get this on any piece of legisla- Department of Transportation inspec- rying about whether we have 1 ounce tion that moves in the Senate until the tor general found that 67 percent of the too much of shampoo when we have not promise to the people of my city and, heavy maintenance—not talking about taken the basic steps to make sure al- frankly, the people of America is fi- kicking the tires or changing the oil— Qaida is not under the hood? I think nally fulfilled. of U.S. commercial aircraft is now most Americans would be shocked to I say this to the 98 other Senators being performed by foreign repair sta- see this inconsistency in our sense of not from New York: If 9/11 had hap- tions. In a series of reports, the inspec- urgency and caution when it comes to pened in your State, you would be tor general has identified many gaps in the safety of the flying public. down here on the floor of the Senate FAA oversight for these foreign repair What does this amendment do? It is making the same fight we are making. stations. pretty simple. First, it requires identi- You would not allow anything to get in What this amendment does is seek to fication and oversight of foreign repair the way of a promise that had been apply the same standards of safety and facilities that are noncertified. The made to a city or State, particularly security to all of these foreign repair FAA must submit a plan to Congress when the arguments made don’t really stations that U.S. carriers are using. within 6 months of enactment to iden- apply—not an earmark, not a train to That is a pretty reasonable propo- tify and expand its oversight of all non- nowhere, and not something that was sition. If you have a commercial car- certified facilities used by U.S. air car- done in the dark of night. rier that is serviced in the United riers. Keep in mind, these U.S. air car- I want to note again that the Bush States at an FAA certified facility, it riers are not just outsourcing the labor administration has been supportive. I is likely an FAA inspector is onsite, a to foreign repair stations that are FAA have many disagreements with the constant presence. There are require- certified in foreign nations. They are White House on a host of issues, but ments of drug and alcohol checks. also outsourcing the work to noncer- they have been helpful and true to There is perimeter security. There are tified FAA facilities. their word on this issue. President standards that must be met in terms of I keep asking the FAA in hearings: Bush himself has. I have thanked him these repair stations. How does it make Why do we have certification? I will for it repeatedly. The President be- sense that we don’t demand those same say: Do you think certification is im- lieves it is important to keep his prom- standards for American carriers that portant? ise. This body should feel the same are using foreign repair stations? Most The FAA officials will say: Yes, we way. That is why he put his proposal in Americans would be surprised to find think it is important. four consecutive budgets. That is why out that we don’t. That is what this I say: Then why do we have it, if we when the administration issued its amendment is going to fix. don’t require everybody to have it? statement of administrative policy on I thank Senator SPECTER for cospon- What is the point? Why are we letting this bill, they did not note any objec- soring this amendment. I want to carriers use noncertified facilities if tion to this provision. spend a little bit of time talking about the certification is important to our I know there can be objections. That what the amendment contains, but I safety and security? It doesn’t make is part of what we do around here. But want to make sure that not only is the sense. I haven’t seen a good argument against problem just whether the work being This amendment would, in fact, re- this other than you don’t believe New done is not up to the standards we quire that those carriers use certified York City should get the money that would expect in some of these foreign facilities if they are, in fact, going to was promised to it. This is about keep- repair stations, I want to talk about use foreign repair stations. It will re- ing a promise. I am going to make security issues. quire the FAA to do two inspections a

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.000 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7580 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 May 1, 2008 year. I do not think that is a heavy lift: This is very reasonable. The House ing gasoline prices and the resulting two inspections a year of their facili- has similar language in its bill. I think rise in the prices for goods and services ties, wherever they may be. this makes sense. I think it is some- throughout our economy. It will require drug and alcohol test- thing, frankly, the American public West Virginians are hurting. West ing of employees performing mainte- would be surprised to understand, that Virginians will always find a way to nance at foreign repair stations. It has we have this huge gap in our safety and persevere—always—but right now been interesting to me because we have security oversight for the flying public. many are struggling to juggle ex- had some push-backs from some places I look forward to an opportunity for penses, making enormous sacrifices to about this because of some countries the Members to have a vote on this feed and clothe their families, while that want us not to require this be- amendment. I think we all want trade. trying to pay the cost of going to work. cause they currently have work of U.S. We all want to make sure we can ex- We have plants in West Virginia which carriers and they do not want America port American products. We do not people drive hours and hours every day to require FAA oversight to this de- want trade agreements that put us at a to get to. Work is not easily found, so gree. One of the things they protest disadvantage or, frankly, we want to where it is, people have to drive. We most—some of these nations—is the make sure we still have access to other are 96 percent mountains, 4 percent drug and alcohol testing. Well, with all markets. But we cannot outsource flat. We have a lot of roads. People due respect, I really do not think safety. We just cannot. This adminis- pretty much have canceled the occa- Americans are excited about the idea tration is willing to do that. This ad- sional splurge for a movie. We have a that we would waive drug and alcohol ministration is willing to say: We are baseball team in West Virginia. That testing for people who are working on going to let these other countries has pretty much been pushed off. In airplanes. I think that is a basic. It worry about whether their facilities other words, if it is a nonemergency certainly would be a basic in this coun- are safe. I do not think this is one area purchase, they bypass it. It takes away try. I think it is certainly something where the American people want this from their happiness, their stability as the American people would expect. function of our Government a family, but they have no choice. It will also enforce the TSA require- outsourced. I think they want us to be Belts have been tightened just about as ments that foreign repair stations com- on top of it. I think they want to make far as belts can be tightened. ply with security standards issued by sure it is being done right. I think they Yet, this week, we hear that oil com- the Transportation Security Adminis- want to make sure it is being done fair- pany profits are again nearing or ex- tration. ly. I think they want to make sure ceeding record highs and that these It will update foreign repair station they are not paying the bill to companies have no plan and these com- fee schedules to ensure taxpayers are outsource this work. panies have no desire to increase do- not subsidizing the outsourcing of this At the end of the day, I think they mestic refining capacity—one of the work. have been cheerful, as Americans al- very few things we know would actu- Here is the part that gets me a little ways are about what is asked of them, ally help bring down prices. bit cranky about this whole situation. but I do not blame them for being a lit- The Energy Information Administra- It is one thing for companies to want tle worried that there has not been tion and private sector energy experts to outsource labor to other countries more sense of urgency about the safety tell us to expect gasoline and diesel because it is cheaper. Now, other than and security of this situation in light fuel prices to continue to rise for the the need to fix our Tax Code, we do not of all of the money we have spent in foreseeable future. I do not know what encourage the outsourcing of jobs. It is the name of national security and, im- that means. I do not think West Vir- not as if we can require corporations in portantly, homeland security. ginians care very much what that our country to keep all their jobs in Mr. President, I yield the floor and means. It just means a long time. And the United States. That is a tough suggest the absence of a quorum. a week, a month, is a long time. This is thing for us to do in an open democ- The PRESIDING OFFICER. The well beyond the usual cyclical annual racy, in a free market economy. I will clerk will call the roll. price fluctuation. And the so-called tell you what we can do, though. We The legislative clerk proceeded to summer driving season is not even here can sure make absolutely certain these call the roll. yet. But other than a brief dip in Janu- companies are not doing it with the Mr. ROCKEFELLER. Mr. President, I ary, the price West Virginians have help of taxpayer dollars. ask unanimous consent that the order been paying at the pump has been Right now, as to the certified repair for the quorum call be rescinded. climbing steadily since before Christ- facilities that are in foreign countries, The PRESIDING OFFICER. Without mas—not as noticeable at first, now the U.S. taxpayers are underwriting objection, it is so ordered. catastrophic. the bill for those inspections and that Mr. ROCKEFELLER. Mr. President, I The average price for a gallon of reg- certification. In other words, the com- would like to take a few moments ular gasoline in West Virginia has risen panies can outsource the labor to a today to discuss what is a catastrophe from just over $2.70 a gallon in August country where it is less expensive, and all across our Nation—and it certainly 2007 to a price on the last day of April taxpayers are footing part of the bill is in West Virginia—because of the 2008 of $3.71. I do not have new wage for the safety and security of those fa- price of gasoline and other transpor- data for workers in my State. I wish I cilities. tation fuels. did. But I am willing to stand on the Now, if you are going to go for a less My State is not wealthy. I think it is floor of the Senate and assert that no- expensive labor cost, it seems to me either the third or fourth poorest State body’s salary has risen to match that that you, at a minimum, ought to add in our country, and I do not say that 37-percent increase. to that savings the cost of the inspec- with shame, I say that with pride be- The idea of $4-a-gallon gasoline— tions by the U.S. Government. Why cause it was, in a sense, one of the rea- which 2, 3, 4, 5 years ago would have should the taxpayers foot the bill for sons I was a VISTA volunteer. I went sounded crazy—really now is a matter FAA inspectors to fly over to Singa- there as a VISTA volunteer because I not so much of ‘‘if,’’ but ‘‘when.’’ The pore to inspect a facility? That does saw a place where I could at least try timeframe I just mentioned is relevant, not seem fair. So this makes sure the to help. The people are the best ever. of course, because we are a country people who are using the foreign repair When people have to struggle to make that has been at war in Iraq for more stations are absorbing the costs of in- it, day-in and day-out, they are pretty than 5 years—spending money, letting specting and keeping those foreign re- solid people. people do corruption at all levels. I am pair stations up to our standards. Obvi- As I am sure it is the case for all of always suspicious of oil companies. ously, it requires the regular inspector my colleagues, for the past few weeks When our brave American forces set general oversight of the implementa- and months I have been hearing from out to impose regime change on that tion of this provision. my constituents constantly about ris- country based upon the false—or at

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.000 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 7581 least unforgivably imprecise; I prefer Virginia who travel by air, which is the We know, too, that the price is ma- the word ‘‘false’’—intelligence, West subject of the bill we are meant to be nipulated up and down the supply Virginians were paying, on average, on, those prices have gone up. chain. Nobody will ever convince me $1.63 for regular gasoline. That was not Since 2001, West Virginia households that there is not a large amount of cor- that long ago. It had been as low as are paying almost $2,500 per year more ruption and manipulation, deliberate, $1.26 in the months leading up to the for gasoline. If it is a household with cozy and easy, that goes on around invasion. children, that makes it $3,000. I take boardrooms in oil companies. From the It should come as no surprise to any- my colleagues back to the average sal- huge oil companies that find the oil, one within the sound of my voice, but ary for the average family of four, through more markets and middlemen in that time oil industry profits have working family of four in West Vir- than we can keep up with, every player risen steadily: almost $60 billion in ginia: $31,000. When you add on health has the ability to force the price up for profits in 2003, just over $80 billion in care, food, rent, and all the rest, every- their own bottom line. There is manip- profits in 2004, approximately $110 bil- thing else, it is an enormous matter. If ulation beyond the reach of my people lion in profits in 2005, just under $120 it is a household with teenagers, it is in West Virginia or the Presiding Offi- billion in 2006, and just over $120 billion just below $3,600 more. Families, busi- cer’s people in the State of Colorado. so far in 2007. ExxonMobil, Shell, and nesses, and farmers in West Virginia We are at their mercy. We pay the ChevronTexaco have each had increas- will spend $153 million more on gaso- price, we are at the mercy—at the ingly larger profits each of the last 5 line in April 2008 than they spent in mercy of oil. Federal investigators can- years. BP and ConocoPhillips have January 2001. not usually pinpoint collusion, but done nearly as well. In all, the five If prices remain at current levels, those acting independently to manipu- largest integrated multinational oil $1.83 billion more will be spent on gaso- late prices cost the people of West Vir- companies have reaped almost $560 bil- line in West Virginia this year than ginia all the same. There are a lot of lion in profits since President Bush and was spent in 2001. West Virginia con- things Federal regulators never man- Vice President CHENEY came into town. sumers, farmers, and businesses are on age to find. I don’t particularly want to do it that a track to pay $2.96 billion for gasoline In the long term, the things we need way, because I blame the companies this year. to do sound basic—and this is the final more than I blame them, but there is So West Virginians are asking two part of my remarks and the important lots of blame to go around. questions: How did we get here; but to part, other than the overriding theme Anyone who looks at the numbers them, much more importantly, what of anger—such as increasing supply and can make this about politics, of course. can be done to fix this. reducing consumption, but achieving It is easy to do. But this is, in essence, Nobody in Government, academia, or these goals has proved to be very dif- for me, a former Vista volunteer in my the private industry can give us a sin- ficult. I have long supported efforts to im- 44th year in West Virginia, all about gle definitive equation for what makes prove automobile fuel efficiency, and people. It is simply all about people the price of oil go up and down. We so have most other people—not all. We and families who have been struggling don’t know why, but we can’t. Gen- made a small and long overdue change anyway. The average salary for the av- erally, increased demand from China, last year, and I believe we will do erage working family of four in West India, and much of the developing more. I think CAFE standards are world has set the stage obviously for Virginia is $31,000. That is not a lot of going to go up and up, as they should; prices that we have to take into con- money, before you get to all of this, cars will get smaller and smaller, as sideration. and then it is even less. they should. That will not be good for Today, if you are lucky enough to Much of our oil comes from an un- my legs, but it will be good for my peo- live or work near Sam’s Club in Vi- regulated and unresponsive cartel ple. But even when Detroit catches up enna, WV, which is on the Ohio River, called OPEC. We also know that since with the rest of the world’s auto- the tragic terrorist attacks of Sep- and you can afford to become a mem- makers on fuel efficiency—I repeat, tember 11, 2001, the world price for pe- ber there, you can get a gallon of gaso- catches up—we do need to add to our troleum has been affected by a global line for $3.49. It is hard for anyone I supply now. know in West Virginia to think of that struggle against stateless thugs. That is why in 2006, I supported Sen- The instability brought about by the as cheap, but it is the lowest price re- ator DOMENICI’s legislation to increase ported in the entire State. Frankly, invasion in Iraq has done nothing but oil and gas exploration in the eastern based on the data I have seen, it is so raise the pump price. I don’t know a Gulf of Mexico. When these new fields much lower than the rest of the State single benefit to our Nation that has are fully on line, they will add 1.26 bil- that you almost have to consider it an been accomplished there. But smaller lion barrels of oil to our domestic sup- anomaly. factors have also had huge con- ply. Now, I say that, but I also have to If you are running low in Spencer, sequences. Instability in Nigeria and say in all honesty that I voted against WV, a rural community, however, you the outrageous behavior in Venezuela virtually every other attempt to do need to be prepared to pay $3.82 at the have contributed in similarly negative drilling offshore and in ANWR, for ex- Exxon station on Main Street. It is ways. The recent strike by refinery and ample. ANWR to me has always been a $3.79 in South Charleston. Residents of pipeline workers in Scotland, unbe- shibboleth. People say: Well, we can Huntington are paying $3.75. In Berke- knownst to many of our citizens, will get lots of supply there, just as many ley Springs, not far from Washington, not help. Likewise for the very serious people or more say it is technically it is $3.69. No West Virginia county— refinery explosion in Utah this week. feasible or maybe it is economically none—is reporting an average price per Economists cannot pinpoint how feasible, but it is not both. In the gallon of regular gasoline that is below much speculation in the commodities meantime, the tundra continues to $3.61. Only three of my States’ 55 coun- market is adding to the price of oil, but melt. ties are reporting average gasoline a congressional study in 2005 suggested That is why I have also consistently prices lower than $3.67. it was in the $20 to $25 per barrel range. supported holding off on additional de- Individual price quotes at individual A more recent study announced by posits in our Strategic Petroleum Re- stations are ominous enough, but the Public Citizen said it is now closer to serve. It is more than 97 percent full as real stark numbers, the real telling $30 a barrel. It doesn’t matter. Every it is, and there is no economic ration- calculation, is how much more West cent of that is being seen at the gas ale for filling it to the brim with $120 Virginians are paying for gasoline than pumps in West Virginia and around the per barrel of oil. That product should they were in years past, and that is not country, and it hurts, and trying to be making its way into the market even getting into the meteoric rises in give a worldwide economic explanation some place. food prices and the other costs essen- for it doesn’t solve anybody’s problems I joined my colleagues earlier this tial to daily living. Even those in West or anybody’s pain. year to ask the President to suspend

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.000 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7582 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 May 1, 2008 deliveries into the petroleum reserve scrimp on their children’s food or cut ture would help lead to further devel- until the price of oil drops below $75 a back on prescription drugs and other opment of Alaska’s Outer Continental barrel. Since the President persists in family needs. Shelf. We have more than two thirds of refusing to stop taking oil off the mar- Families are the basis of our country. that Outer Continental Shelf. It has ket, I will support legislation to force People are the basis of everything we been expanded another 100 miles north him to do it. do. It is just that there are some sec- of Alaska, as we discovered a further I also support, as I have in the past tors of our economy that choose to extension of the shelf. The Chukchi Sea on several occasions, the imposition of avoid that because they don’t have to holds an estimated 16 billion barrels of a windfall profits tax on integrated depend upon those people because those oil, and there is an estimated 7 billion multinational oil companies. People people have no choice but to buy their barrels in the Beaufort Sea off our say this won’t have any effect. I would products. State. Bringing these resources on line like to try that out to show that they It is time for Congress and the ad- would add even more jobs and capital are wrong and to send a message. The ministration to come together and stop to our economy. oil companies are making so much bickering—it would be a majestic ac- Full development of ANWR would re- money maybe they won’t even notice complishment—and stop fighting over sult in at least 60,000 jobs. Opening it. But I doubt that, because there are turf, as we are doing on the aviation ANWR alone would require the con- now 300 million Americans who are bill. While we engage in parliamentary struction of a fleet of 19 new tankers to very angry about what very few of tactics that most Americans don’t give transport the oil to the Lower 48. them are doing. As I have said, these a hoot about—in fact, they hate us for Those would be American-built tank- companies are making huge, perhaps doing it—West Virginians and citizens ers. Under the law, they must be— unconscionable—not perhaps—totally in every State are suffering, while oil under the Jones Act. This alone would unconscionable profits off the hard- companies are laughing all the way to create at least 2,000 direct jobs in the working people in my State and off the their many banks. This must stop. I U.S. shipbuilding industry and approxi- wages of struggling Americans every- ask my colleagues to work with me to mately 3,000 additional jobs in other where. If they refuse to reinvest in ad- make this stop. sectors of our economy. The energy in- ditional refining capacity, which has I yield the floor. dustry estimates the Alaska gas pipe- been their habit, the least we can do is The PRESIDING OFFICER. The Sen- line alone will create 400,000 new jobs use some of those profits to shore up ator from Alaska is recognized. nationwide. Senator SCHUMER made an inter- the highway trust fund for the road in- Mr. STEVENS. Mr. President, we im- esting statement the other day. He frastructure and transportation port more than 12.5 million barrels a suggested that opening ANWR would projects that we need for the 21st cen- day of petroleum—over 60 percent of reduce gas prices by only pennies. He tury, and perhaps even for something our petroleum energy needs. As a mat- took a shot at the President, saying he called aviation. Those projects would ter of fact, I think it is higher than that now, in the last 2 or 3 days. This takes out the old saw of ANWR, that create jobs. ANWR would not produce a drop of oil I will also reintroduce legislation is why our economy and the value of in 10 years, and it is estimated that if this week that I first introduced in the dollar has weakened and our en- we drilled in ANWR, in 20 years, it 2001. It is called the Low Income Gaso- ergy costs have skyrocketed. With oil would reduce the price one penny. line Assistance Program, or LIGAP. at $117 a barrel—and it is more than I am afraid that shows how little the This will provide some relief to Ameri- that today—the United States spends Senator from New York understands cans hardest hit by any rise in prices; nearly $1.5 billion each day on foreign the oil industry. He ignores the long- to wit, the working poor, which de- oil. That is $533 billion each year that term economic stimulus domestic pro- scribes a lot of my State. For many was not invested in our own economy. duction will bring through investment West Virginia seniors who have no Instead, that money is being sent— in our own country—raising household means of getting to work, the grocery along with jobs—to other countries, incomes and individual buying power, store, or to a doctor’s appointment such as Saudi Arabia, Nigeria, and rather than sending money overseas. Venezuela. For every million barrels of other than their cars or trucks, if they Senator SCHUMER would ask other na- have them, LIGAP assistance for gaso- oil we import, 20,000 American jobs are tions, such as Saudi Arabia, to increase line purchases will enable them to lost. their production as a solution to our weather this crisis with a little more Our country needs a real economic energy crisis. peace of mind. I say ‘‘if they have stimulus now. That stimulus will come I agree that increased production them’’ because many people in commu- when we stop spending hundreds of bil- would help solve our problem but that nities I have worked in throughout lions of dollars each year to import oil production should occur in our own West Virginia don’t have automobiles, and, instead, invest that money in our country. I think the Senator should re- so when they have to go somewhere, own economy by increasing domestic alize what is happening in terms of the usually a pretty long distance, they production of our energy resources. oil industry, and the key driver now to have to hitch a ride. Even though our The area known as ANWR is a mil- the cost of gasoline is not the supply people are innately good and generous, lion and a half acres that was reserved and demand, it is the value of the dol- because they depend on others as oth- for oil and gas development on the Arc- lar and the value of oil per se. The ers depend on them, they will usually tic slope in 1980; it is the largest un- value of oil now is represented by paper charge a fee for that ride. In any event, tapped oilfield in North America. We on the New York Stock Exchange, whether they can even take that ride believe that is the largest trap for oil which has replaced gold. People are will depend on whether they can afford in North America. Oil companies esti- speculating in oil. That is also what is the gasoline price to get there. mate they will spend between $45 bil- causing the price of gasoline to go up So LIGAP eligibility would be linked lion and $60 billion to develop this at the pump. Senator SCHUMER should to and modeled after LIHEAP, the very area. Combined with the construction visit NYMEX and ask them to do some- successful and efficient home heating of the Alaska natural gas pipeline, thing about that and stop the specula- and cooling assistance program. Funds which is expected to start soon, it will tion in oil. I think it should be unlaw- would be distributed to States as addi- cost about $40 billion. These resources ful to speculate in anything related to tions to allocations under the existing would deliver a massive influx of jobs energy in this country. I think soon we community development block grant and capital investment in the United will do that. program. States. Our economy would be sta- This production has to come from It makes sense. For everyone who bilized, and the dollar would be our own country. The position of the qualifies, LIGAP would give stipends of strengthened. Senator from New York would send between $100 and $165 a month. Hope- ANWR and the Alaska gas pipeline more money in tax and royalty reve- fully, this may mean not having to are only the beginning. This infrastruc- nues outside our economy. I don’t

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.000 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 7583 know how that will strengthen our dol- mestic production, we would meet our by airplane. This country moves back lar or lower prices at the pump at all. own Nation’s needs, strengthen the and forth quickly from coast to coast It is not a question of supply and de- economy, and begin creating jobs and using, in most cases, commercial air mand, it is a question of a long-term generating revenue, which would be re- transportation. They don’t think very commitment to restore our capability invested back into our economy. That much of it, frankly. You can fly from to produce oil and gas in this country. is the way to a strong economy, a sta- one coast to the other in 5 or 6 hours. Had President Clinton not vetoed the ble dollar, lower energy prices, and to It is not unusual to leave one part of ANWR bill before, we would be pro- reduce the demand on foreign oil and this country and end up in another part ducing at least 2 million barrels a day the cost of gasoline at the pump. We before lunch. It is a wonderful thing to more out of Alaska right now. I don’t have to stop sending our money abroad have this system of commercial air like to be chided by the Senator from and sending jobs abroad to pay for en- travel. The fact is, this system will not New York about why we don’t have ergy resources, when we can use the survive for a number of reasons under more production in this country. He is money at home to develop the vast re- the current circumstances. suggesting we ask the foreign pro- sources we have. As I indicated the other day, I believe ducers to produce more oil and send it Alaska is the storehouse of energy there are four airlines that have de- to us. That will send more money out for the future. It should not be cast clared bankruptcy in recent weeks. We of the country and take more of our aside as it has been. I hope we will find also understand, in addition, what high jobs. I don’t understand that. a way to vote on ANWR this year. fuel costs are doing to the airlines, and In 1995, when we approved the amend- I yield the floor. we are talking now about the airlines ment allowing development of the Arc- Mr. DORGAN. Mr. President, I sug- in this legislation before us. But I tic Plain, President Clinton vetoed gest the absence of a quorum. could talk about the trucking industry, that legislation, and we are paying for The PRESIDING OFFICER. The or I could talk about families and the consequences of that today. Had he clerk will call the roll. farmers. I can talk about what the high The legislative clerk proceeded to not vetoed the legislation, the Trans fuel prices are doing to all of this coun- call the roll. Alaska Pipeline—which currently oper- try. There is no heavier user of fuel Mr. DORGAN. Mr. President, I ask ates at less than 50 percent of capac- than an airline. unanimous consent that the order for ity—as a matter of fact, it is even What is happening is the fuel prices the quorum call be rescinded. are undermining the opportunity for worse than that, about 38 percent of ca- The PRESIDING OFFICER. Without pacity. We are sending out about many of these airlines both to continue objection, it is so ordered. operating, in some cases, and, in other 700,000 barrels a day instead of 2.5 mil- Mr. DORGAN. Mr. President, my un- lion barrels a day. We could easily have cases, to continue operating serving derstanding is the pending business is smaller areas or less populated areas of that pipeline—we call it a barrel—full on the FAA reauthorization bill; is and offset imports and keep our trade the country. So fuel prices are a seri- that correct? ous problem. deficit down and keep jobs and money The PRESIDING OFFICER. The Sen- in our economy. In the long run—not The other issue is the modernization ator is correct. of the air traffic control system, the short run—increased production does Mr. DORGAN. Mr. President, I hope system by which we provide for the affect the price at the pump. We would no one is out of breath this week as a safety of the American people. There is continue to increase domestic produc- result of working on this bill. We had going to be a catastrophe one of these tion of oil and that, in effect, would one vote on Monday at 5:30 p.m. and days, and then everybody is going to give us competition against the price have not voted since. With legislation stand around thumbing their sus- set by foreign producers, and we would this important to this country, why are penders, scratching their heads, and be able to reduce the price at the pump we not able to move ahead and cast saying: Why didn’t we do something in the long run. votes and finish this legislation? about it? Between the Outer Continental Shelf, This is about FAA reauthorization We have a bill on the floor of the ANWR, the National Petroleum Re- which includes the issue of moderniza- Senate right now to try to address this serve in Alaska—which is now ready to tion of our air traffic control system, situation, to try to modernize this sys- be leased—and the resources remaining which is very important. We read in tem, and we have been at parade rest in Prudhoe Bay, we believe we would the newspapers these days about the since Monday because we are not al- have at least 45 billion barrels of oil additional inspections that are re- lowed to move forward. Everything is left to produce. That is an estimate. quired of airlines. We read about air- blocked. Everything is plugged up. This When they estimated how much oil was lines going bankrupt because of fuel is unbelievable. in Prudhoe Bay, they estimated 1 bil- costs. We read that the FAA system for This is important. Some people lion barrels. We produced 18 billion. I air traffic control is archaic. We are around here treat the serious things far remind the Senate of that. So we have told that the GPS system in your car is too lightly and then treat the light produced more than that, and it is still more sophisticated than the system by things too seriously and never under- producing. At full capacity, we ought which we move airplanes around this stand the difference. Why is it on a to be able to deliver at least 2.5 million country in the air traffic control sys- Thursday that legislation as important barrels to the daily market. We have tem. We hear the problems with the air as this, that should have been passed in oil from outside the Arctic, by the way. traffic controllers, the contract prob- previous years, cannot even get amend- We can reduce the impact of sending lems they have had with the FAA, the ments up and cannot get votes off be- more and more money out of the coun- shortage of air traffic controllers, the cause we have people who have decided try and affect the American economy number who will retire in the near fu- they are just going to block every- as we spend that money here at home. ture, and the need for training of addi- thing? That money would generate tax and tional controllers. We read about all I told a group in North Dakota a royalty revenues, fund research into al- these things in the news. We read while back about Mark Twain. Mark ternative energy sources, create jobs, about systems that still use vacuum Twain once was asked if he would en- help strengthen the dollar, and lower tubes in the air traffic control system gage in a debate. He said: Oh, sure, as our energy prices in the long run. because it is that old. long as I can take the negative side. The weak dollar is what is causing The question for this Congress is, can We haven’t even told you the subject speculation in oil futures and increas- we pass legislation that reauthorizes of the debate. ing the price of oil and gas at the the FAA functions and then provides He said: It doesn’t matter, the nega- pump. We need investment in our own the funding to modernize this system tive side is going to require no prepara- country, which develops our own re- of ours? tion. sources, instead of relying on those We have a lot of people who visit this The negative side never requires from other countries. By increasing do- Capital city, and most of them fly in preparation. Those who are out here

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.000 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7584 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 May 1, 2008 saying, no, you can’t, they want to control system. If we do not pay atten- buy what they will never get from peo- block it. That requires no preparation. tion to that, we are going to run into ple who never had it. This is what spec- What requires preparation is to ad- very serious problems. I might also ulating is about. vance public policy that is in the inter- say, tragic problems because there is Here is the increase in speculation in est of this country. Does anybody real- going to be some sort of spectacular the commodities market for oil. It is ly think modernizing our air traffic tragedy, and then we are all going to an unbelievable ramp-up, an orgy of control system is somehow a back- sit around and say that somebody speculation, having nothing to do with burner issue? We see what is happening should have done something. the fundamentals of oil supply and de- in the skies in this country. They are We are trying to do something. The mand. There is no justification for the absolutely clogged. In fact, because of fact is, we cannot even get a vote on an current price of oil if we simply look at fuel prices and other reasons, we have amendment on the floor of the Senate. supply and demand. Supply is up a bit; airlines now switching to smaller It is unbelievable. As I said in the demand is down a bit. There is no jus- planes, these little regional jets skirt- Mark Twain example, the easiest thing tification with the current fundamen- ing around the sky, hauling as many in the world is to oppose. It takes no tals of supply and demand that would people but just takes more planes to do talent, it takes no time to prepare, just seriously justify the current price of it. So that puts an unbelievable strain oppose, oppose everything. oil. on the air traffic system. My hope is in the next couple of So then what has changed? What is The question is, Are we going to hours, perhaps there will be some here different? Why is this price $115 or $120 modernize it? Are we going to do what who wish to move ahead. I know Sen- a barrel for oil, acting like a yo-yo at is necessary? Are we going to provide ator REID has been on the floor offering the upper end? A couple issues have the funding? Are we going to finally unanimous consent requests. He has changed, especially this. We have get off this delaying nonsense that is talked with the minority to see if there hedge funds that are now neck deep in going on and allow legislation to move are conditions under which we might the commodities markets speculating forward that is essential for the safety be able to move forward and get some- on oil. We have investment banks that of the air traveling public? thing done on some legislation. I un- are speculating on oil. For the first I hope the answer at some point soon derstand it takes a while to get things time in history, I believe, investment is yes. This includes items such as the done. I understand we should be delib- banks are actually buying oil storage Airport Improvement Program, what is erative. I understand there should be capacity to buy oil and take oil off the called the AIP, investing in infrastruc- enough research so we don’t have unin- market to sell it later when it is more ture in this country. That is very im- tended consequences to what we do. expensive. This is speculation, raw portant. Land at some of these airports Nobody has ever accused this body of speculation. I suppose everybody is and take a look at the infrastructure speeding, ever, But this is ridiculous. making money. The brokers are mak- and ask yourself whether we need this This makes a glacier look fast. ing money, the investment banks, the investment. My hope is that those of us who are hedge funds—they are all wallowing to It is interesting, if you travel around elected to come here, who try to make the bank full of cash, driving up the the world. If you go to Tegucigalpa, some improvements in this country, price of oil beyond what the fundamen- Honduras, and then get in a car and who do what is necessary for the health tals would suggest the price should be. drive to Juticalpa. Take a look at the and safety of the people of this country We know those people who are win- roads and ask yourself whether infra- will soon understand that the FAA re- ning, but who are the losers? Well, our structure matters. Land in some of the authorization bill is not just some country. This is something that is pro- airports in some of these remote areas other piece of legislation, that it is an viding great damage to our country’s and take a look at what you are land- optional piece of legislation. The mod- economy. Families drive up to the gas ing on and the infrastructure needs of ernization of the air traffic control sys- pumps, and it hurts to fill the tanks. that airport. Then ask yourself wheth- tem is not some option that we ought Farmers, heavy users of energy and fer- er infrastructure is important. to consider like any other bill. This is tilizer that comes from energy, are los- We have always prided ourselves in urgent and necessary and timely, and ers. It is an unbelievable burden on this country on the investment in in- we ought to do it now. family farmers. Airlines, they just can- frastructure. When you come to Amer- ENERGY not fly through this storm. They go ica, you see infrastructure that is Mr. DORGAN. Mr. President, I wish belly up. The list goes on and on. maintained. We have always prided to talk about energy. Several col- If this is what is happening with the ourselves on that until recently, and leagues have spoken about energy ramp-up of speculation and it is caus- now somehow infrastructure doesn’t prices, and I related energy prices to ing an increase in prices, here is what matter. It takes a back seat. the airline industry a few moments has happened to oil prices. No one In my little subcommittee on appro- ago. I mentioned several bankruptcies needs a chart to know this, but oil priations that I chair, the President that have occurred recently, intensive prices doubled in just over one year. says: Let’s cut water funding by $1 bil- heavy users of energy in the airline in- Speculation goes up, up, way up, and lion from last year’s levels for the dustry, and what it might mean. This oil prices have doubled in one year. Corps of Engineers and the Bureau of country needs a commercial airline in- Let me cite some folks who have Reclamation. These agencies fund dustry that works. Without it, there talked about this issue. Stephen much of the nation’s water projects will be devastating consequences to our Simon, senior vice president of and were cut by $1 billion, even as we economy. The question is, What do we ExxonMobil, April 1, a month ago: have 950 water projects in this country do here? ‘‘The price of oil should be about $50- which we are paying for in Iraq. Think My colleague from Alaska made a $55 per barrel.’’ This from an executive of that. Let’s cut water projects in this point with which I agree. He talked in the oil company. I do not think his country and investment in the future about the speculation in these markets company is complaining about where of this country by $1 billion, the Presi- with respect to energy. I wish to talk the price is. He is just being candid. dent says. However, let’s have 950 about that issue. I have some charts. According to him, the price of oil water projects that the American tax- This is a chart that shows the specu- ought to be about $50 or $55 per barrel, payers will pay for in Iraq. lator activity in the oil futures market assuming current fundamentals. I think it is time to start taking care from January 1996 to April 2008. This is Clarence Cazalot, CEO, Marathon Oil, of a few things at home. One of them is the activity by speculators in the fu- October 30, 2007: the legislation on the floor of the Sen- tures markets. These are not people $100 oil isn’t justified by the physical de- ate right now, and that is the FAA Re- who want to buy oil or hold oil. They mand in the market. authorization Act and the investment have no tanks in which to put oil. They Experts, including the former head of and the modernization of the air traffic are not interested in oil. They want to ExxonMobil, say financial speculation in the

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.000 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 7585 energy market has grown so much over the ernment. It is not the case that every- that, some Republican Senators num- last 30 years that it now adds 20 to 30 percent body hurts as a result of this. bering 15, led by Senator HUTCHISON, or more to the price of a barrel of oil. This is a Wall Street Journal article also sent a letter to the President. Think of that. of February 28, 2008. This is Andrew That takes it to 66. JOHN MCCAIN is out Speculation in the energy markets Hall. I wouldn’t know Andrew Hall there saying he doesn’t believe we has grown so much over the last 30 from a cord of wood. I just see his pic- should do it, so there are at least 67. years that it now adds 20 to 30 percent ture here. Over the past 5 years, Mr. That makes it a veto-proof margin. So or more to the price of a barrel of oil. Hall’s compensation has totaled well I say let’s do it. End the speculation, I understand the need for a market- over a quarter of a billion dollars. and there are ways to do that. Second, place futures market. It is required for What does Mr. Hall do? He makes stop putting oil underground. That hedging. It is required for liquidity. I money by speculating in the commod- ought to be important. understand it is necessary, and I under- ities market, according to this article. In addition to all of that, let me just stand we want one that works so there He is not alone. I pulled this because it say the other menu of issues is not needs to be a futures market, but I also is an article about him and he has really very complicated either. Should understand that when the futures mar- made a lot of money. He has made a lot we produce more? My colleague from ket becomes something much more of money as someone who speculates in Alaska says you have to produce more. than just something that provides for these commodity markets. I don’t disagree with that. I was one of hedging and liquidity. When it becomes Is speculation something that is good four Senators here in the Senate who an object of intense speculation, then for these markets? Absolutely not. introduced legislation, now law, that there is a requirement for some inter- When you have a speculative binge opens up Lease Sale 181 of the Gulf of vention. No one quite knows what that that drives these prices way out of Mexico. It opens up an opportunity to intervention should be, but everyone sight, well above that which would be substantially increase our production ought to know that it is unhealthy justified, it can be devastating to the of both oil and natural gas in a new re- when you have an unbelievable amount country’s economy. gion of the Gulf of Mexico. Frankly, if of speculation. That describes what is happening you look at the offshore capability of There are books written about bub- with respect to speculation. To address the Gulf of Mexico and compare it to bles in speculation. We have been the issue of energy, it requires a lot of the offshore options off the West Coast, through recent speculations. The tech things. We must do this. If we do not East Coast or in Alaska, by far the bubble that occurred almost a decade address the issue of speculation, we are most significant reserves that are ago. The bubble in housing prices is oc- not going to solve the problem. We are achievable by us are in the Gulf of curring. We have seen and understand just not. Mexico. We have not even tapped the about bubbles. This is a bubble of spec- But there are other things to do. For potential of the Eastern Gulf either. ulation. example, this administration is putting I and three others initiated the legis- Go back 500 years and read about close to 70,000 barrels of oil a day, lation that opened up a portion of the tulip mania. If you have not read about every single day, underground. It is Gulf of Mexico, Lease Sale 181. But it, I encourage to you do it. Yes, tulip being put in something called the Stra- there is a lot more to do because it got mania. There was a time you could buy tegic Petroleum Reserve. The Stra- too narrow. Ought we go back there a tulip bulb for $25,000. With the hind- tegic Petroleum Reserve is a pretty and produce? You bet we should. There sight of 400 or 500 years, we can under- good idea because it saves some oil for is more production to be had. stand how unbelievably absurd it was, a rainy day. But just not for any rainy In addition to that, conservation is but it was a bubble, a financial specula- day, for an emergency, strategic emer- unbelievably important and so is effi- tive binge that was almost indescrib- gency, something unanticipated, so we ciency. Production, conservation, effi- able. developed it for this purpose. That ciency, and then renewable energy. What is happening in this market- makes sense to me. But should we take Again, we have new technology that place now—and most experts will oil when it costs $115 or $120 a barrel allows us to take energy from the agree—is we have this unbelievable and stick it underground, 70,000 bar- wind. I come from a state that has the amount of speculation in the futures rels? Of course not. That is absolutely most wind potential in America. My market that does not justify the cur- nuts. Why would you take the highest state has a distinction of being No. 50 rent price. The American people and priced oil in history, take it out of the in trees, so we are last in America in American industry deserve to have a supply, stick it underground and by trees, and we are first in wind. I am not government, in those cases, that steps doing so increase the price of oil and sure where the merits are there, but all in and says: There is something wrong increase the price of gasoline? of us who live there lean to the north- here, and we are going to find a way to A man named Dr. Philip Verleger tes- west because it blows almost every set it right. This is one of the areas. tified before the Congress. He is an day. We are the Saudi Arabia of wind, This man—in fact, I talked to this economist and energy expert. He said as the Department of Energy suggests, man last evening—Mr. Fadel Gheit, the that, by taking a disproportionate and with the new modern wind tur- top energy analyst for Oppenheimer amount of oil, a subset of oil called bines, we will continue to take energy Company. He has been there 30 years, sweet light crude, out of the supply from the wind and produce electricity. he has testified before the Congress, chain, it has increased the price of oil We have a great experiment going on and he is a very interesting fellow. by 10 percent. You know, with more in which we produce electricity from There is absolutely no shortage of oil . . . than $100 a barrel oil, that is at least wind energy and use that electricity in I’m absolutely convinced that oil prices $10 a barrel for light sweet crude. It is the process of electrolysis, separating should not be a dime above $55 a barrel. . . . the most Byzantine thing one can hydrogen from water and storing hy- Oil speculators include the largest financial imagine. drogen for vehicle fuel. It all makes a institutions in the world. I have a piece of legislation to stop lot of sense and helps contribute to our He said further: it. There are now 67 U.S. Senators who energy future. I call it the world’s largest gambling hall have declared themselves to be in sup- There are a lot of things we can and . . . it’s open 24/7 . . . unfortunately it’s to- port of my approach. There is also a should do. This is not some mysterious tally unregulated . . . this is like a highway very similar bill that was introduced illness for which we do not know the with no cops and no speed limit and just the other day by some in the mi- cure. This is not some strange disease everybody’s going 120 miles an hour. nority, and JOHN MCCAIN running for for which we have no cure. We under- That is pretty well said, it seems to President out in the country said he stand what is happening here, and with me. It describes this bubble of specula- supports it. So I have 51 who have a little common sense, perhaps a deep tion that does damage to our economy signed a letter saying they support sus- reservoir of common sense, we could and needs to be addressed by this Gov- pending the SPR fill for 2008. On top of begin to fix it. At the very least, we

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.000 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7586 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 May 1, 2008 ought to begin to take immediate ac- I draw on this chapter of history be- sis, they do not wait for someone else tion to stop putting oil underground, cause today the world faces another to go first. Our country has always and stop it now. It is time to take some grave international threat that de- stepped in and taken leadership. When action to stop the unbelievable orgy of mands imagination and leadership. we see a problem in our own back- speculation in the futures market, and This time, the threat is environmental. yard—and my people in Minnesota see do that soon. Those are the first two I am speaking, of course, of global cli- shrinking wetlands and endangered steps, and they will reduce the price of mate change. wildlife, they have seen what has been gasoline. There is much more to do be- The heating of the Earth is a threat going on with our ski resorts and ice yond that, but those are the first two every bit as grave as the financial ca- fishing—they do something about it. sensible steps we ought to accomplish tastrophe that threw the developed Our friends across the seas in Europe now. world into chaos 80 years ago. The have recognized the challenge. They I yield the floor. science is clear. Global temperatures have introduced a plan to cut green- The PRESIDING OFFICER (Mr. NEL- are up 1 degree in the last century. house gas emissions covering 27 coun- SON of Nebraska). The Senator from That doesn’t sound like much, 1 degree tries. It is a plan covering more than Minnesota. in the last century. To put it in per- 12,000 industrial sites in 27 countries. Ms. KLOBUCHAR. Mr. President, I spective, they have risen only 5 degrees And they did it using a concept known am here today to speak on climate since the height of the ice age. The En- as cap and trade. change. Before I do that, I commend vironmental Protection Agency of this This was actually started in our my colleague, Senator DORGAN, for all country predicts that temperatures country. That is how we reduced acid of his good work on this oil and gas could rise another 3 to 7 degrees in the rain. The European Union did not do issue. We have been working together next 100 years. The consequences are everything right. They will be the first on a number of things he talked about frightening: rising ocean levels, which to admit that. Their emissions targets and I do believe that, while I will talk we are already seeing, increased were too high. They issued too many today about the long-term solutions to drought, wildfires, and destructive carbon permits. But they are getting it our energy crisis and the way this can weather patterns. back into equilibrium. I believe we are work hand in hand with climate change The Presiding Officer knows from going to learn from what they did, and if we show the kind of leadership we being in the Midwest that our constitu- we will do better when we do it in this need to show, there are also short-term ents aren’t as focused on rising ocean country. But the point is, many of issues. That means, as he said, cutting levels. But I can tell you, in Minnesota these European countries rose to the down on the speculation, putting they are focused on the fact that last challenge and took leadership. things in place, closing down the Enron year Lake Superior was at the lowest Here at home, our country’s private loophole. In terms of enforcement, to level in 80 years. Why would the oceans investors and business leaders already have the Justice Department get some be high and Lake Superior be low? recognize this challenge. Nationally, meat on the bone—as a former pros- That is because Lake Superior, as you venture capital investments in green ecutor, I know how important that is— know, is a lake, and when the ice that and clean technologies have increased and pushing those OPEC nations with forms on that lake melts quicker, the dramatically. In 2006, venture capital which we have business dealings. If we water evaporates and the water level investment in green technologies in are going to have business dealings goes down. Why do we care about that? the United States reached $2.9 billion, with them, then they should not be You think, are you going to swim in up 78 percent from a year earlier. Not only is clean technology the fast- cutting down or artificially keeping that cold lake? A lot of Minnesotans, est growing venture capital sector, it is low the production of oil. probably not, but it matters because our barges cannot get through and it now the third largest category of ven- CLIMATE CHANGE has had a severe economic impact for ture capital investment. So when we Ms. KLOBUCHAR. Mr. President, I barge traffic and the economy in the talk about some of the things Senator think there are a number of things we Duluth area. DORGAN and I have been talking about can do in the short term, but I am here You can see the rising impacts of with energy, and we mentioned wind, today to talk about the long-term en- global warming and what we are seeing we invented a lot of that wind tech- ergy future and climate future for this across the country: increasing wildfire nology in our country. But now we country. risk—remember the fires we had this have fallen behind in wind production In 1944, President Franklin Delano year in California? We had some in to other countries that have govern- Roosevelt invited delegates from the northern Minnesota as well—decreas- ment policies in place that pushed that Allied Powers to a remote New Hamp- ing water availability. That is in 2007. investment. shire resort called Bretton Woods to You go up to the 2020s, increased mor- From what I can see, wind is going to discuss the future of the global econ- tality from heat waves, floods, and bring jobs across our country. So is omy. Although the world was locked in droughts; in the 2050s, millions more solar. So is biofuels. All of these things a terrible war, these leaders had fresh people face flooding. You go up, if we that cut our dependency on foreign oil memories of the Great Depression, a do not do anything, to some profound and invest in the next generation of worldwide panic that had left the and very serious consequences. new technologies, that money is start- world’s major economies in tatters. Two weeks ago, President Bush gave ing to filter into that area. But I think They wanted their countries to emerge a speech in the Rose Garden to an- we can do better in our country. from World War II on a more stable fi- nounce a new initiative on global CEOs from major corporations such nancial footing. warming. To be perfectly blunt, I real- as DuPont, Duke Energy, and General Over the course of 3 weeks, they cre- ly didn’t see anything new in the Presi- Electric see the opportunities, and ated the World Bank and the Inter- dent’s announcement and no initiative they are making investments of their national Monetary Fund to battle that had not been discussed before. The own. More than 200 major U.S. corpora- world poverty and to avert currency President has proposed that we wait tions such as American Electric Power crises of the sort that had led to the until the year 2025 before we even stop and DuPont have started buying car- worldwide economic meltdown in the the increase in the emissions of green- bon offsets that are now traded on the 1920s. It worked. Both the World Bank house gases. new Chicago Climate Exchange. You and the IMF have had their share of He did not call for a cut in emissions can see the global investments I talked controversies in the last decade, but that was immediate. He did not call for about in renewable technologies that they succeeded in stabilizing the concrete steps to meet the goals. He have been increased in wind, in solar, world’s financial systems so that in the said it would be unwise to do it at this and other kinds of renewable tech- ensuing six decades there has never time. nologies. been a global financial disaster com- I believe Americans are leaders not A company subsidizes a project that parable to the Great Depression. followers. When the world faces a cri- reduces greenhouse gas pollution,

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.000 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 7587 building a wind turbine, for example, never, when Justice Brandeis talked pire three times. It has been a pathetic then recoups its investments by selling about the one courageous State going response to renewables. that offset to another company on the above the norm, doing something dif- The current tax incentives expire at Chicago Exchange. The Chicago Ex- ferent, did he mean there should be in- the end of this year, and I have intro- change is new, but it reports that it action by the Federal Government. duced legislation to extend the produc- kept 10 million tons of carbon dioxide Good ideas and successful innovations tion tax credit for 10 years. I believe out of the atmosphere over the last 4 are supposed to emerge from the lab- our country ought to say to the world years. oratory and serve as a model for na- and to investors: Here is where Amer- Meanwhile our Nation’s Governors tional policy in action. That is now our ica is headed for a decade. Count on it. and mayors have also stepped up to the responsibility in Congress. Believe in it. Renewables, solar, wind, challenge. Governors in five Western In about 1 month we will have the and so on need a clear signal for invest- States, including California and Ari- chance to take up that responsibility. ment. You can count on these invest- zona, have announced they will work We will have the opportunity to vote in ments because this is where America is together to reduce greenhouse gasses the Chamber on landmark climate going. by setting regional targets for lower change legislation, the Lieberman- Is it not the case, I would ask the emissions and establishing a regional Warner bill. I thank my colleagues, Senator from Minnesota, that we have cap-and-trade system for buying and Senator WARNER and Senator not nearly done the job in incentivizing selling greenhouse gas credits. LIEBERMAN, for their hard work on this renewables and establishing a national California alone plans to cut its bill. I thank our chairwoman, Senator policy. Does she agree? greenhouse gas emissions 25 percent by BOXER for her leadership as it moves Ms. KLOBUCHAR. Senator DORGAN, the year 2020. The Western Greenhouse forward. At this very moment we are that is completely accurate. When you Gas Initiative builds on other regional listening to Members make changes to look at what we have done with oil initiatives, especially the landmark the bill, doing everything we can to companies, with the giveaways that we New England Regional Greenhouse Gas make the bill as strong as possible. had for years and years and years, this Initiative, with seven Northeastern and The truth is, we can no longer delay. Senate was one vote short of blocking Mid-Atlantic States that have also I have been to Greenland and have seen a filibuster. We tried to change that, agreed to a regional cap-and-trade sys- those humongous icebergs melting in tried to take some of those oil give- tem set to take effect next year. You the ocean, and I have seen the effect of aways and put them in the hands—we can see all of the States that have been this in my own State. see record profits from the oil compa- involved. The Union of Concerned Scientists nies—put them in the hands of some of In my home State of Minnesota, we estimates if we start today and cut these renewables producers. have one of the most aggressive renew- emissions by just 4 percent a year, we We were one vote short, but we have able electric portfolio standards in the could achieve an 80-percent reduction another opportunity. That is what the country; a 25-percent reduction. We did in greenhouse gas emissions by 2050. Senator from North Dakota is talking this on a bipartisan basis. We did it But if we wait just 10 years, we would about, extending the tax credits for with the support of ExelEnergy, our have to double that annual rate of re- wind energy, solar, geothermal, and biggest electricity company. We did it duction. other kinds of renewables. the way we do things in Minnesota, This is forward-looking, bipartisan We did it in the last bill we passed with a focus on results and getting legislation. It is comprehensive, and it through this Senate. We were able to, things done—Leadership. is carefully tailored. It is our oppor- with some of the economic work we did There is also the U.S. Mayors’ Cli- tunity to show the leadership for which with the mortgage crisis, extend that mate Protection Agreement. More than Americans have always been known. tax credit for 1 year. But we would like 400 mayors representing over 59 million I pledged last week I was going come to do it for longer. Senator DORGAN has Americans have pledged to meet or to the Senate floor and give a speech a bill for 10 years. I have a bipartisan beat the Kyoto Protocol greenhouse about this legislation on different as- bill with Senators SNOWE and CANT- gas reduction goals in their own com- pects of why it is so important to move WELL expanding it for 5 years. The munities. Among the signatories to forward and to show leadership on cli- problem is, it has been a game of red this agreement are cities in my home mate change. Today, I think it is obvi- light, green light. It goes on again, off State of Minnesota: Minneapolis, St. ous that as we face these long-term again. It is hard to follow that invest- Paul, Rochester, and Duluth. consequences of doing nothing with our ment, to follow in the way that we I admire these States and commu- energy policy, when it comes to elec- would like and the way that happens in nities that have signed onto this agree- tricity or oil, this is our chance. This other countries because they never ment for their initiatives and what climate change legislation will play a know. You can show, 8 months before they are doing. They should be an in- major role in developing the new tech- these tax credits go off, that the in- spiration for this Congress for national nologies we need. vestment decreases. action. There is a famous phrase, ‘‘the Mr. DORGAN. Will the Senator yield This is no way to run a national en- laboratories of democracy.’’ That is for a question? ergy policy. It is no way to run a na- what Justice Brandeis said in one of Ms. KLOBUCHAR. I will yield. tional environmental policy. And that his most famous opinions when he de- Mr. DORGAN. Mr. President, the is why today I spoke about the leader- scribed the special role of States in the Senator from Minnesota talked about ship and the potential for leadership in Federal system. the importance of renewable energy, this country. He said: which I certainly agree with her. Is it We once put a man on the Moon. It is one of the happy incidents of the Fed- the case with renewable energy that we With that came not just winning the eral system that a single courageous State have done a pretty pathetic job as a race against Russia, with it came all may, if its citizens choose, serve as a labora- country to incentivize renewable en- kinds of technology: the CAT scan, the tory; and try novel social and economic ex- ergy? space sticks that my family would take periments without risk to the rest of the In 1916, we put in place tax incentives on camping trips in the 1970s. With country. to produce oil and gas. They have been that came technology. That is what we But Brandeis did not mean this in place permanently for almost a cen- are trying to do with this bill. would serve as an excuse for inaction tury now, tax incentives to produce oil I yield the floor. by the Federal Government. We have and gas. By contrast, with wind and The ACTING PRESIDENT pro tem- States all over this country, Gov- solar and renewable energy, we put pore. The Senator from Montana. ernors, legislatures that have been them in place in 1992 short term incen- DRUGBUSTERS’ SUMMIT brave, that have been courageous in tives. We have extended them short Mr. TESTER. Madam President, I taking action on climate change. But term five times and have let them ex- would like to thank the Senator from

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.000 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7588 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 May 1, 2008 Minnesota and the Senator from North Last weekend, folks picking up some what has become a very tortured topic Dakota for their comments on renew- trash in Havre, MT, stumbled across a for the entire country; that is, the able energy and climate change. That dumped meth lab. They called the po- prices for oil and gasoline and diesel. is definitely an issue I hope we take up lice, and within minutes the task force I would like to respond, first, to the sooner rather than later, and hopefully agents were there on the scene to help President’s misstatements about we will have some commonsense solu- clean it up and keep the community Congress’s role in this situation. These tions to the problem so we can move safe. are misstatements he made on Tuesday this country forward both in the area A week ago Monday I heard about a at his press conference. Then I would of reducing our effects on climate but drug operation busted in a remote part like to talk about what I believe are also economically because it is a tre- of southeastern Montana; so remote, in some of the real causes of the energy mendous opportunity with the right fact, the task force needed the help of situation and what constructive steps piece of legislation. the National Guard helicopter to find we can take to address those causes. I rise today to urge the inclusion of it. Officers found 3 pounds of meth- First, with regard to the President’s the JAG/Byrne grant funding in the amphetamine. statements, on Tuesday he suggested emergency supplemental that we will Last summer, the Northwest Mon- the Congress is to blame for the cur- consider in the coming weeks. A week tana Drug Task Force investigated a rent price situation Americans are see- ago, I organized a summit of case that took them across State lines ing when they go to fill up at the gas drugbuster law enforcement in my to Salt Lake City, UT. In the end, they pump. He cited three reasons to con- home State of Montana. I asked all of seized 2 pounds of cocaine. They took clude that. the leaders of Montana’s drug task 20 illegal weapons off the streets, and First of all, he was blaming Congress forces to come together to talk about they say they couldn’t have done it for preventing oil companies from ex- Federal funding. It is a critically im- without their ability to work across ju- ploring for oil and gas in the United portant issue. risdictional lines and work together. States. Second, he was blaming Con- Many of them drove hundreds of For example, one task force busted a gress for blocking efforts to build more miles across the State in a spring bliz- meth lab in a home. Through surveil- refineries in the United States. Third, zard to take part in this summit. The lance, they knew children were he was blaming Congress for blocking drug task forces are made up of dedi- present. They took the precautions not increases in the U.S. nuclear elec- cated law enforcement officers from to put the children in any more danger. tricity production capacity. every part of Montana: sheriffs’ depu- When the bust was made, one child in- Frankly, I think the President’s com- ties, narcotics officers, local and State side tested positive for meth because ments are disappointing in several re- police, and undercover agents. They he was living in a house where they gards. First, of course, they are very work together across jurisdictions to were cooking meth. Even his toys were partisan. But second, the charges the bust drug smugglers, as well as those covered with meth resin. This case set President made are simply not borne who grow or manufacture instate. the standard for the way officers deal out by the facts. Our State of Montana has 56 coun- with and protect children in harm’s On exploration and production of ties. There are, of course, a lot of dif- way. In only 1 year, Montana’a drug natural gas in this country, Congress ferent regions that deal with the task task forces rescued 84 children from has taken significant steps on a bipar- forces, that deal with catching the homes where they were being exposed tisan basis to enhance oil and gas pro- drug manufacturers and smugglers. It to drugs and drug dealers. duction. Through enacting the Gulf of is critically important that these folks To me, restoring this funding is a no- Mexico Energy Security Act of 2006, work together. brainer. As one of the officers put it: Congress made available 4.74 trillion There is cause for concern because We will end up spending much more cubic feet of natural gas and 1.26 bil- the President proposes slashing $350 money in the future if we have to play lion barrels of oil off the Florida Pan- million from the drug task forces na- catchup. tionwide. If that happens, Montana will handle. During the summit last week in Mon- Ironically, Congress was required to lose a staggering 70 percent of its na- tana, officers told me again and again pass that law because of steps that tional drug fighting money for the up- that without Federal funding our small were taken early in the Bush adminis- coming year, and the task forces would communities will be devastated. Our probably have to lay off 27 agents, leav- tration. In her first year in office, in children will be exposed to more drugs 2001, Secretary of the Interior Gale ing only 22 agents to battle drugs and, therefore, more crime, and fami- statewide. In a State the size of Mon- Norton cut the size of the scheduled lies will be torn apart. Outer Continental Shelf lease sale in tana that is impossible. I hope we can all work together to re- the area by 75 percent. So with the We should not let that happen. We store this funding. Montana and the stroke of a pen, the Secretary of the should find a way to fund these drug Nation cannot afford to do otherwise. Interior, in 2001, put off limits over 6 task forces in this supplemental, this Americans deserve better. spending bill that we are going to be I yield the floor and suggest the ab- trillion cubic feet of natural gas and considering in a few weeks. If we do sence of a quorum. over 1 billion barrels of oil from an not, these cuts will cripple the progress The ACTING PRESIDENT pro tem- area that had been proposed for leasing that we have made up to now in the pore. The clerk will call the roll. by the Clinton administration, I would war on drugs in rural States such as The bill clerk proceeded to call the say, with the concurrence of our the State of Montana. roll. former colleague, Lawton Chiles, who These drug task forces are success Mr. BINGAMAN. Madam President, I was then the Governor of Florida. stories. The officers who are on the ask unanimous consent that the order So while, undoubtedly, a politically front lines keep drugs, the drug smug- for the quorum call be rescinded. popular stance for the Bush adminis- glers, and the drug dealers off our The ACTING PRESIDENT pro tem- tration in Florida when this action was streets. They make our communities pore. Without objection, it is so or- taken by Secretary Norton, this was safer; they reduce crime, and they dered. hardly an action that was intended to make a place like Montana a whole lot Mr. BINGAMAN. Madam President, I enhance oil and gas production in the safer to live and raise a family. These ask unanimous consent to speak as in country. drug busters work together to get the morning business for 15 minutes. In fact, large areas of the Outer Con- job done. The ACTING PRESIDENT pro tem- tinental Shelf are currently off limits Because drugs are not limited by bor- pore. Without objection, it is so or- to oil and gas development and produc- ders, these tasks forces rely on Federal dered. tion not just because of congressional funding to facilitate the cooperation ENERGY PRICES moratoria but because of Presidential across the many jurisdictions of Mon- Mr. BINGAMAN. Madam President, I withdrawals that were first put in tana, and it works. wish to take a few minutes to discuss place, in 1990, by the first President

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.000 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 7589 Bush. This current President Bush and those refiners have told us in hear- which they have lost confidence. As could exercise real leadership in this ings before our Energy Committee that one witness put it, oil has become the area, if he wished to, by eliminating they would rather expand capacity at new gold, and that is why speculators these Presidential withdrawals that existing refineries. We have never and others are investing in oil. Higher were first put in place by his father. heard support from anyone inside the oil prices in turn weaken our economy, We are talking about a significant oil industry regarding the President’s so we are caught in a downward spiral area. There are some 574 million acres curious plan to build refineries on in which a weak economy is resulting of the OCS, or Outer Continental Shelf, former U.S. military bases. As far as I in high oil prices, and high oil prices that are unavailable for leasing, and know, no Member of Congress objects are, in turn, further weakening the virtually all that is covered by Presi- to that; it is just that the companies economy. dential withdrawals, which could be that are in the business of constructing So the question is how do we stop eliminated by this President with the refineries have not decided that it this downward spiral. This is a large stroke of a pen. makes good sense for them from an task. It requires, first and foremost, a The Arctic Refuge is another issue economic point of view. return to rational fiscal policy that raised by the President. He failed to The economics of refining are not will restore balance and investor con- mention drilling in the Refuge will do very good at the moment, as gasoline fidence in our markets. That includes nothing to address the high price of gas prices are not yet fully reflecting the an honest accounting of the costs of people are faced with today. I think ev- jump in crude oil prices. U.S. refining the war in Iraq, a figure that we now eryone who has looked at the issue rec- capacity is at about 85 percent utiliza- know is going to be in the trillions of ognizes that not a single drop of oil tion at the current time, as many re- dollars. Spending has also been accom- would come to the lower continental finers are losing money on every gallon panied by the administration’s tax United States from the Arctic Refuge of gasoline they produce. Clearly, con- policies which have been extremely for at least 10 years. straining refinery capacity is not our damaging to the country’s long-term The Energy Information Administra- current problem. fiscal health. Every American family tion has estimated that production The third issue the President at- that sits around the kitchen table and from the Arctic Refuge would, at its tacked the Congress about was nuclear tries to balance a budget recognizes the peak, reduce our reliance on imports energy production. Here again, Con- simple fact that spending more than by about 4 percent, from 68 percent to gress is not standing in the way of in- you earn or more than the revenue you 64 percent. That is the estimate the creasing nuclear production capacity. can bring in results in, after a period, Energy Information Administration In fact, Congress over the past 3 years your creditors eventually coming call- has given, which, of course, is part of has put in place one of the most favor- ing. That is what is happening to the our own Department of Energy. able sets of incentives for nuclear dollar today. Apparently, the stewards Other areas of Federal lands that are power development anywhere in the of the U.S. economy and this adminis- much more appropriate for develop- world. tration have failed to absorb that sim- ment can and should be drilled. In fact, For example, if a nuclear plant is ple reality. of the 45.5 million acres of Federal on- proposed for licensing and is delayed Let me talk a little about policies to shore lands currently under lease by because of a lack of action by Federal reduce oil prices in the short term. industry, there are over 31 million regulators, the proponents of the plant There are modest but important meas- acres of those lands that are not cur- can get Federal payments to com- ures we can enact to increase our oil rently being produced. Likewise, there pensate for that delay. Now, that was supply and reduce our demand. On the are 33 million acres of Federal Outer part of the 2005 legislation we passed. supply side, we need to immediately Continental Shelf that are under lease; No wind power developer can get that stop removing oil from the market to that is, the Government has done what kind of a subsidy. No solar power devel- fill the Strategic Petroleum Reserve. It it should do to make these areas avail- oper can get that kind of a subsidy. We simply makes no sense to be putting able, but they are not being produced. also provided tax incentives for the $120 per barrel oil underground. Ac- The processing of drilling permits on construction of new nuclear power- cording to the most recent Energy In- Federal lands has surged over the past plants. So if the Congress passes global formation Administration forecast, oil several years. It has more than doubled warming legislation—I know the ad- demand in the United States is ex- between 2001 and 2006. At the same ministration and the President are op- pected to decline by 90,000 barrels per time, the administration reported that posed to that, but if we do, according day in 2008. This is the kind of signal in five key basins in the Rocky Moun- to the Energy Information Administra- we need to send to the market in order tain States, 85 percent of oil resources tion, the most significant impact of to see some relief from current prices. and 88 percent of natural gas resources that global warming legislation would However, we are taking 70,000 barrels are currently available for leasing and be to provide a powerful new incentive per day off the market to add to the for development. to promote more nuclear power devel- Strategic Petroleum Reserve which we Congress has also funded important opment in this country. all recognize is about 97 percent full research and development programs to So let me move on from the discus- right now. We are basically wiping out enhance the best of production. It is sion of the President’s charges to a any positive effects from the decrease simply inaccurate finger pointing to short discussion of what I consider the in demand. This is a policy completely say that Congress is impeding oil and real causes of current oil prices. I wrongheaded and should be stopped im- gas development in this country. think to understand what is going on mediately. I compliment all three of On refinery capacity, which is the here, it is critical to put these oil the candidates for President for em- second point the President made in his prices in the broader economic context. bracing this recommendation that we press conference, refining capacity has The current increase in oil prices is, to eliminate the filling or we suspend the increased by about a million barrels a large degree, a symptom of our ailing filling of the Strategic Petroleum Re- per day during President Bush’s ten- economy. Oil prices and the value of serve. I wish the administration would ure, from 16.6 million barrels per day in the U.S. dollar have been very strongly support that simple measure. 2001 to 17.5 million barrels per day in linked over the last year. As the value On the demand side, we need to de- 2007 through capacity expansion and of the dollar declines, oil prices go up. cide whether we are ready to get seri- existing refineries. There have been no We have heard recent testimony be- ous about educating consumers to take efforts from Congress to try to slow fore our Energy Committee that con- more responsibility to reduce consump- down that expansion. Refiners have firms that investors are seeking pro- tion. We know that 5 miles per hour been asked whether they would like to tection from inflationary risks associ- slower that a person drives will in- build new refineries as opposed to ex- ated with the weak dollar and from crease our fuel efficiency for that indi- panding capacity at existing refineries, credit and wider financial markets in vidual by about 7.5 percent. We also

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.000 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7590 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 May 1, 2008 know that energy-efficient, properly hurting consumers, but additional def- writes for the New York Times and inflated tires increase fuel efficiency icit spending will only help accelerate teaches at Princeton, in an article he by about 4 percent. Regular car main- the downward trajectory of our econ- did on April 29. He said in that article, tenance can increase fuel efficiency by omy as a whole. This is simply the lat- I think the conclusion was, the McCain about 2 percent. So Americans individ- est in a long line of proposals that seek gas tax plan is a giveaway to oil com- ually could use about 10 to 15 percent to score political points during an elec- panies disguised as a gift to consumers. less gasoline by adopting these com- tion year at the expense of good energy The obvious point he was making is monsense measures. But to see we do policy. that under the basic rules of econom- that, we will need publicity out there There are three main objections to ics, the fact that Congress would sus- to educate folks on the simple steps the proposal. First, it would increase pend the gas tax would do nothing to they can take to reduce consumption. deficit spending by nearly $10 billion ensure that consumers benefited from In the medium term, we need to ensure while saving motorists about $25 per the suspension of the gas tax. The there is a cop on the beat on the oil person. If you do the math, you find whole notion that you are going to see markets. that even if all of the savings are the price of gas at the pump drop 18 There are two key steps we should passed on to the consumer, which is a cents because Congress says the tax is take to improve Government oversight very unlikely outcome, the savings per all of a sudden suspended is not real- of the oil markets. First, the Secretary person is negligible. istic. of Energy needs to have a role in over- If you assume that the average mo- In conclusion, we as a country and we seeing oil markets. It troubles me that torist drives 12,000 miles per year and as a Congress need to get serious about the people at the New York Mercantile gets 22 miles per gallon, you can cal- energy policy. It is an election year. Exchange on which oil is traded and culate that the amount the average While there is always a tendency to the Commodity Futures Trading Com- person would save in a 3-month period take rhetorical stands in the runup to mission which regulates that exchange is $25.50. So adopting the fuel efficiency an election, the American people un- seem to be the only people who think measures I have discussed earlier, in- derstand that. I think they discount that speculators are not influencing oil cluding shaving a few miles per hour what they hear from Washington as the prices. off the top highway speed, would be election date begins to arrive. That is Here is a quote from the Wall Street much more effective in reducing the one reason they don’t always hold Con- Journal on March 21 of 2006. It says: cost of gasoline to the average con- gress in the highest esteem. Proposals sumer. that are mostly feel-good propositions Hedge funds are taking ever-larger bets in do not fool voters for long—if they fool a futures market that is smaller than the Madam President, how much time re- stock or bond markets, and the funds are mains? them at all. using borrowed money to maximize their The ACTING PRESIDENT pro tem- That said, there are a number of con- bets, magnifying the impact on energy mar- pore. I believe the Senator has used his crete steps we can take that will help. ket prices. 15 minutes. We should freeze the filling of the Stra- So clearly, the Secretary of Energy Mr. BINGAMAN. Madam President, I tegic Petroleum Reserve—suspend that and the 500-plus employees he has there ask unanimous consent for an addi- for the time being. We should take in his Energy Information Administra- tional 5 minutes. some effective actions to bring the oil tion who work every day to analyze en- The ACTING PRESIDENT pro tem- markets under better control with U.S. ergy data, forecast energy supply and pore. Without objection, it is so or- laws and regulations. Let’s be sure con- demand, and prices should at a min- dered. sumers know what they themselves can imum provide insight and advice to Mr. BINGAMAN. Madam President, do to reduce their own demand. I hope market regulators at the Commodities the second argument I wanted to raise that with oil at $110 to $120 per barrel, Futures Trading Commission. Perhaps related to this proposed suspension of which it has been for several weeks and this could help the Commodities Fu- the gas tax is the idea that it would be which it may well be for several more tures Trading Commission come to un- reinstated in September when prices weeks or months ahead—or even a derstand the role of speculators in that might well be as high or higher than longer period—I hope we will give this topic the serious attention it deserves. market. they are today would be very difficult I yield the floor and suggest the ab- Second, we need to shed light on the and very unlikely to occur, frankly. We sence of a quorum. so-called dark markets. Markets that are talking about reinstating the gas The ACTING PRESIDENT pro tem- trade U.S. oil or are located in the tax in September. I think that is the pore. The clerk will call the roll. United States should be subject to U.S. proposal the Senator from Arizona has The legislative clerk proceeded to regulation. It is unacceptable that an made: Let’s suspend the gas tax now, or call the roll. exchange that is based in Atlanta, GA at Memorial Day, and let’s reinstate it Mr. CORNYN. Madam President, I and trades U.S. crude oil that is deliv- on Labor Day. Well, the problem with ask unanimous consent that the order ered in Oklahoma is regulated in the that is Labor Day is about 2 months be- for the quorum call be rescinded. United Kingdom, not subject to the fore the election. It would not be po- The ACTING PRESIDENT pro tem- laws and regulations that we in Con- litically feasible to have a single-day pore. Without objection, it is so or- gress put in place to govern the U.S. price increase on September 1st of 18.4 dered. futures market. It is also unacceptable cents per gallon for gasoline and 24.4 Mr. CORNYN. Madam President, that over-the-counter markets are reg- cents for diesel. I don’t think any- today, marks more than 2 years—by ulated neither here in the United body—any politician in his or her right my count, 738 days—since Speaker States nor in the United Kingdom. mind—would vote to impose that kind PELOSI said: There is simply no regulatory body of a tax increase at that time. Prices Democrats have a commonsense plan to that can see these over-the-counter could easily be as high or higher on help bring down skyrocketing gas prices. transactions. September 1 as they are today. It is That was on April 24, 2006—738 days Let me also say a few words about simply not possible to me that Con- ago. I think it is important to look at policies that will not reduce gasoline gress will then choose to increase the what has happened to the price of gas prices. First, there is a proposal to sus- price that consumers pay at the pump. and to see whether her prediction was pend the tax on gas and diesel. While I The third argument is that this tax correct. can appreciate the temporary public suspension would stimulate demand for Lo and behold, we find the average relations success that might accom- motor fuels without increasing supply. price of a gallon of gasoline in America pany this tax suspension, it would In fact, we would see something in the at $3.62, up $2.33 from the time when come at the expense of fiscal common nature of a price increase. The best ex- Speaker PELOSI became Speaker in sense and sound energy policy. I agree planation of this was done by Paul January of 2007. Again, that is a rise that high gasoline and diesel prices are Krugman, a respected economist who from $2.33 a gallon to $3.62 a gallon.

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.000 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 7591 I will tell you we have been asking good thing because the citizens of that If we are talking about developing oil and waiting, and the American people country could use those natural re- resources from the Outer Continental have been waiting and watching, to see sources to enhance their quality of Shelf, even beyond the horizon, as we what Congress is going to do to help re- life—in this case, provide for affordable did in lease sale 181 in the Gulf of Mex- lieve some of this pain at the pump. energy. But we have simply, by our in- ico—it is 300 miles off the coast of The American people want us to work action—and I would say to the extent Texas. You cannot even see it. Yet we together to try to find commonsense it applies—actually acted affirmatively have a way of producing those abun- solutions to help them with this in- to place our natural resources out of dant resources. If Congress will simply creasing pain they are feeling in the bounds in a way that has exacerbated quit the blame game, the finger-point- family budget. and not solved the problem. ing and wake up to the fact that the Do you know that taking the dif- I know how popular it is these days American people are feeling pain not ference between $2.33 a gallon and $3.62 to say it is all big oil’s fault. The only at the pump but in their family a gallon represents roughly a $1,400 in- blame game. Then we have people say- budgets—they are looking for Congress crease in the cost for gasoline for the ing we need another investigation. to get out of the way and let the Amer- average American family? Of course, I Well, the blame game and investiga- ican people produce the natural re- don’t have to tell anybody here, or tions are important, and investigations sources we have been blessed with, in a anybody listening, that this is nec- and oversight is for Congress, but that way that will satisfy the laws of supply essary for driving the kids to school, is not producing a single drop of addi- and demand, by producing as much as 3 driving to work; it is necessary also to tional energy. We need to do that and million barrels of additional oil, which provide fuel for the airplanes Ameri- we need to act today. will then have a dramatic impact at cans fly in. This is an American prob- A moment ago, a group of Senators the pump and help American families lem, and I suggest we need to come up announced an omnibus energy bill that meet their energy needs at a reason- with an American solution. would satisfy America’s need for more able price. The problem has been that about 60 American solutions to our energy sup- The ACTING PRESIDENT pro tem- percent of our energy needs in this ply. My hope is that by taking advan- pore. The Senator from New Mexico is country are now satisfied by imported tage, for example, of the million-bar- recognized. oil and gas from other parts of the rel-a-day capacity Alaska could supply, Mr. DOMENICI. I didn’t hear the world. That is a national security chal- by taking advantage of the Outer Con- Senator from Texas say he was fin- lenge because, of course, to the extent tinental Shelf, such as we have in the ished. which others supply our energy needs, Gulf of Mexico, with the vast oil depos- (The remarks of Mr. DOMENICI per- it means they can turn off the spigot; its there, and by taking advantage of taining to the introduction of S. 2958 are printed in today’s RECORD under or if hostilities were to occur that our abundant natural resources in the ‘‘Statements on Introduced Bills and would, let’s say, for example, block the form of oil shale in the West, we could Joint Resolutions.’’) Strait of Hormuz, there could be an relieve our dependence upon imported Mr. CORNYN. Yes, I yield the floor. economic body blow to the United oil in this country to the tune of some Mr. DOMENICI. I thank the Senator. States as a result of the restriction on 3 million barrels a day. Mr. DOMENICI. Madam President, I our energy supply. I know there are environmental and ask unanimous consent that the floor We need to recognize there are cer- safety concerns with developing our oil time now be given to Senator KENNEDY, tain things that are irrefutable or, I and gas resources right here at home. who has been patiently waiting, for should say, maybe unchangeable by But I invite the people who are con- which I am grateful. Congress. We can pass a lot of laws and cerned about that and who do not be- The ACTING PRESIDENT pro tem- repeal laws, but we cannot change the lieve we can do so to come to Fort pore. The Senator from Massachusetts law of supply and demand. Try as we Worth and see the Barnett shale, which is recognized. might, Congress has neglected that for is an abundant, plentiful source of nat- The ACTING PRESIDENT pro tem- these many years. While we have done ural gas being developed right in the pore. The Senator from Massachusetts some good things on conservation, city of Fort Worth. As a matter of fact, is recognized. passing fuel efficiency standards re- if you fly into DFW Airport, you will Mr. KENNEDY. Madam President, I cently, and we have also supported re- see drilling rigs on the airport prop- thank my friend and colleague from newable fuels, which are an important erty. The tract of land in Alaska that New Mexico. We will not have a chance part of the energy supply, you cannot is going to be explored and used for today to talk about mental health par- put wind energy in your tank to drive producing this million-barrel-a-day- ity. But whenever I see him speak on your kids to school. plus oil that is located in the Arctic is the floor I am further inspired to make We need to recognize that with a going to be on a postage stamp-size sure we are going to get that legisla- fixed supply of oil, which is 70 percent piece of property. tion passed in this Congress. I thank of the price of gasoline, we are com- I see the distinguished ranking mem- him for all of his good work in that un- peting globally with countries such as ber of the Energy Committee. I was dertaking. We are strongly committed China and India, rising economies saying the city of Fort Worth is pro- to ensuring that this very important where people want a better quality of ducing the Barnett shale and actually health policy issue is going to be ad- life, and they realize one key to that is drilling gas at DFW Airport and that dressed in the Congress. affordable energy. America has not had you can see the rigs there. I see my friend from Illinois. I know that exclusively, but we have had it I suggest that if we can produce he was seeking the floor. I ask unani- pretty much to ourselves, and others those natural resources in Texas and in mous consent that he be recognized want what we have, which is a good Fort Worth on the DFW Airport prop- after I finish. quality of life and standard of living. erty, American energy producers can The ACTING PRESIDENT pro tem- That comes with affordable energy. do it in Alaska. People are concerned, pore. Without objection, it is so or- So what are we going to do about sat- as they should be—and I wish they dered. isfying the laws of supply and demand? would act on those concerns and not UNEMPLOYMENT INSURANCE EXTENSION Of course, we know Congress is the pri- just complain about it—about $120-a- Mr. KENNEDY. Madam President, mary culprit when it comes to ob- barrel oil. It has been projected that if tomorrow we are going to have the re- structing access to American natural we were to take advantage of the nat- port by the Bureau of Labor Statistics resources. I remember that when I was ural resources God has blessed us with about the unemployment figures in growing up, we would talk about dif- in the Arctic, we could produce oil this country. Those unemployment fig- ferent countries in school and about there that costs roughly $55 a barrel. ures may be statistics to some, but how some were blessed with abundant So $120 a barrel or $55 a barrel? You they are lost hopes and dreams to mil- natural resources and how that was a pick. lions of our fellow citizens. They are a

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.000 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7592 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 May 1, 2008 key indicator of the state of our econ- ment is 6.1 percent. And the young Here, look at this: 16.2 weeks is the omy. I think most of us who have had male veterans, serving after September average number of weeks workers are the opportunity to travel our States 2001, are at 11.2 percent. These are all unemployed today—16.2 weeks—and and listen to working families under- veterans, but this is young men—11.2 this administration refuses to say the stand the extraordinary pressures percent. These young Americans were $35 billion that is in the unemployment these families are under, the incredible the ones who had the burden of conflict compensation fund that you have anxiety that goes to the heart and soul and now they are facing the burden, at worked for and contributed into that of these families. They really wonder if home, of an economy that will not fund, should be available to you when somehow they are guilty in some way serve them and serve their interests. we have adverse economic conditions. for not being able to deal with the eco- Where is the burden falling? It is fall- These are just the kind of conditions nomic challenges they are facing, ing on our young veterans, and it is that they are there for. This adminis- whether it is the increased cost of gas falling particularly hard. tration refuses to do anything about it. at the pump, or whether it is the in- This chart indicates where the bur- It is a striking difference for working creasing cost of tuition, the increasing den of this economy is falling. We are families who are trying to make it and cost of health care, or the challenges finding out it is increasingly falling on provide for their families. they are facing with their mortgages. adult women, who are seeing a sharper Very briefly, this chart demonstrates This afternoon I want to speak for a rise in unemployment rates than men. that during a recession, among the lim- few minutes about the issue of unem- There is a 21-percent increase for ited economic stimulus measures, un- ployment and how that has impacted women, and 15 percent for men, be- employment compensation is among so many of our fellow citizens and what tween March of 2007 and March of 2008. the most promising investments— the implications are for so many of our Do we understand how it is squeezing every dollar we invest in unemploy- fellow citizens. Even though we do not women? Women are more likely to ment compensation has the effect of have the figures, I think we can reli- have subprime mortgages than men, $1.64; for infrastructure it is $1.59 for ably suggest there is going to be a fur- despite having slightly better credit every dollar invested; and it is $1.73 in ther increase in the number of unem- scores. Women are having their homes food stamps. This is from Moody’s chief ployed Americans when we get the fig- foreclosed at a more rapid rate than economist. There is much less impact, ures tomorrow morning. These are the men, their unemployment rates are obviously, for the Bush extended tax figures so far this year: we see 76,000 going up, and their savings are lower. cuts. jobs lost in January; in February, They are the ones who are taking the We should look at what is happening 76,000; some 80,000 in March—232,000 brunt of this recession along with in food stamps—we do not frequently jobs were lost over the period of these young veterans. think about the numbers of our fellow Here we find women’s earnings are 3 months. There were 50,000 construc- American citizens who are dependent falling faster than men’s. Men’s median tion jobs lost. That sends a message in on food stamps, but we should pause income in 2007 fell one-half of 1 percent and of itself. now. We certainly should if we have If we look at this chart, we see the for men, women’s fell 3 percent. We see been back home and listened to those increasing numbers of women are un- total number of unemployed. These are who have been running the food banks employed, and the wages of women who the Bureau of Labor Statistics figures. in our States and we find out the con- have jobs are being adversely impacted In March of 2008 we have 7.8 million un- dition of those food banks. 28 million to a much higher and more significant employed and only 3.9 million jobs. Americans are projected to receive degree. That’s two workers for every job. Here We see what has happened generally food stamps in fiscal year 2009—28 mil- we have individuals, Americans, who with regard to the economy. The stock lion Americans are going to be eligible have worked hard, played by the rules, market lost $2.7 trillion in value since for food stamps in 2009. Look at the in- and, through no fault of their own, be- May of 2007. This crisis has wiped out dicators. This is another indicator cause of the failure of fiscal and mone- $2.7 trillion in home values. The dollar about what is happening in the econ- tary policy, they have lost their jobs. has lost one-third of its value, and the omy, the kind of pressures that middle- Yet when we look back at the total Federal debt has nearly doubled since income and working families have. number of job openings, they are lim- this President took office. Again, we We could also ask, Why aren’t we ited. These Americans are getting are looking at home values, which is trying to provide training for these squeezed. How are they going to be able the wealth for so many middle-income workers who are struggling to find a to find jobs when the jobs are not and working families—$2.7 trillion ef- job? If we improve their skills, they available even if they have the skills? fectively has been wiped out during will be able to find a job—is that right? We are going to come back to that in this last year. No, it is wrong. What we are finding is just a moment. All these figures show middle-income Americans cannot access job training These families are hurting. That is families, working families, are taking programs. This administration has why it is so important that we have an the heavy brunt of the recession we are been cutting back virtually every year increase in the unemployment com- facing. We should ask ourselves what on job training programs. pensation program that is now in sur- are we doing about this. If we look at Look at this. In Massachusetts alone, plus of about $35 billion. That fund has what we have done at other times, we for every available slot in a job train- actually been paid into by American have granted extended unemployment ing program there are 21 workers on a workers. They have paid into the fund benefits. Look at the last recessions we waiting list. Do we understand? There $35 billion, and the reason they paid in have had, from January 1980 to July are 21 workers on a waiting list. These was for circumstances such as this, a 1980, and then July 1981 to November are American men and women who fiscal and monetary economic policy 1982, the average number of weeks of want to work, have worked, want to which has failed them. They are enti- unemployment was 16 weeks. And we provide for their families, and they tled to receive the unemployment com- extended unemployment compensation. cannot even get the training in order pensation. Yet we have an administra- The next recession we had was July to be able to fill the jobs. We have tion which has consistently opposed ex- 1990 to March of 1991. The average 83,000 jobs in my State that are not tending unemployment benefits. I am weeks of unemployment was 13.9 being filled today, but we have cut going to come to that in just a moment weeks, but we had an extension of un- back. This administration has cut back too. employment compensation. on the training programs. This is the Here are recent veterans who having In March 2001 to November 2001, 15 kind of misstep this administration has served, are having a hard time finding weeks was the average number of taken time in and time out. work. The total workforce, 5.1 percent weeks of unemployment, and we had an I just remind the Senate about action unemployed; for these veterans serving extension of the unemployment com- that we took just yesterday with re- after 2001, we can see their unemploy- pensation. gard to students and the student loan

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.000 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 7593 program. One urgent step that we must izing the Secretary of Education to package, frankly, the situation has take to ensure that the slumping econ- purchase outstanding federal loans, al- only gotten worse for families in omy does not prevent young people lowing private lenders to replenish Michigan and all across the country. from going to college is to provide their capital so they can make new National unemployment is on the some help and assistance, and we did loans to students and parents. rise, with our Nation losing 80,000 jobs yesterday. For the 6 million students and over in March. It is stunning to me when we Right now, in May, students and 700,000 parents currently relying on low look at what is happening across the their parents are applying for financial cost federally subsidized loans, these country. I have to say, these are not aid and the loans they need to attend steps mean they will continue to have new kinds of numbers for us in Michi- college in the fall. This is happening ready access to these funds, even as the gan. We have been seeing these kinds of just as some banks have said they are credit markets discourage lender par- numbers now for a number of years but no longer offering student loans. We ticipation in the Federal program. In we see nationally, in this last January, cannot allow the slumping economy to other words, students and parents will 76,000 jobs were lost; in February, 76,000 limit the horizons of a new generation now have multiple avenues to obtain jobs were lost; in March, the highest of Americans. Students and parents low-cost Federal loans. number, 80,000 jobs were lost; 232,000 need to know we will do everything we Fortunately, Congress has taken jobs cut in the past 3 months. can to guarantee that every single stu- prompt action to prevent college stu- I remember coming to the floor and dent who needs a loan to go to college dents from becoming the next victims having colleagues say: Well, overall un- in the fall will get one, even in these of our failing economy, and I commend employment is not high. We do not troubled economic times. We will in- President Bush for urging us to do so. have a problem. It is below 5 percent. crease the amount of grant aid avail- I am grateful to Senator ENZI, Con- Well, now it has crept up above 5 per- able to relieve the debt burden on gressman MILLER, Congressman cent, and we are being told by Goldman needy students. MCKEON for their partnership on this Sachs and the Bureau of Labor Statis- Yesterday the Senate passed legisla- legislation, and for the support and as- tics that by January, this coming Jan- tion to do just that. The House of Rep- sistance of the Secretary of Education. uary, the national unemployment rate resentatives also passed the legislation I hope we can replicate this bipar- will be 6.5 percent. just a few hours ago, and President tisan effort in tackling other urgent We in Michigan would actually con- Bush has indicated that he will sign it economic issues. There is much work sider that a decrease, because ours is at into law. This is what the emergency to be done to ensure that Main Street 7.2 percent. But nationally when we legislation does: For students, if pri- is insulated from the problems of Wall look at that kind of steep increase in vate loans through the banks dry up, Street. It is clear that the Nation faces those people who are out of work, we they can get lower cost government- a serious ongoing economic challenge. need to be paying attention to this. guaranteed loans to take their place. We know what we have to do to put our Families, middle-class families, who So no matter what happens in the pri- economy and our country back on have worked hard all their lives are vate loan market, the government track. To do that we need to seize the finding themselves in a situation, due loans will be there, and they will be moment and act immediately to help to no fault of their own, where they are there for them. the millions of Americans who need looking for work, trying to keep their This guarantee comes in two ways. our help the most. family together and, in fact, are look- First, the bill expands the amount of I yield the floor. ing for us to do what we have always Federal loans available for a student The ACTING PRESIDENT pro tem- done in times such as these, which is to for 4 years of college from $23,000 to pore. The Senator from Illinois is rec- extend unemployment benefits across $31,000, an $8,000 increase. Second, it ognized. the country for families, and particu- ensures that students will have easy Mr. DURBIN. Madam President, I see larly for those States that are hardest access to Federal loans. the Senator from Michigan on the hit. If banks are not willing to make floor. I know she is here to address the We have 10,000 people right now in these loans to students, State-based, same topic as the Senator from Massa- Michigan every month who are losing nonprofit agencies, called the guaranty chusetts, and she has a 5 o’clock con- unemployment benefits. That for us re- agencies, will take their place. ference committee on an important bill lates to the fact that we are one of the So for every student, there will al- pending before the Senate. I ask unani- highest States in mortgage fore- ways be someone to provide the loans, mous consent that she be allowed to closures, why people cannot afford to either through the private sector or speak in my place and that I follow pay for their mortgage. So the ripple through the Government. her. effect throughout the economy is stag- Also, for thousands of low-income The ACTING PRESIDENT pro tem- gering when we look at the fact that on students, we increased the grant aid by pore. Without objection, it is so or- top of what is happening to people who up to $1,300 a year for underclassmen dered. are losing their jobs and cannot afford and $4,000 a year for upperclassmen. The Senator from Michigan is recog- their mortgage, their gas, when we That is not a lot, but it is a part of an nized. look at what is happening with gas ongoing commitment to help low-in- Ms. STABENOW. I thank our distin- prices. come college students avoid the crush- guished assistant majority leader for We in the majority have been coming ing burdens of debt that inevitably dis- allowing me to do this. It is very im- to this floor and have been doing every- tort their choices for the future. portant. I thank my colleague and thing we can in putting forward pro- The bill also helps parents by pro- friend, the champion from Massachu- posals to deal with the high gas prices. viding them with better options and setts, for all of his efforts as they re- We have not been able to get support better access to the low-cost Federal late to the efforts to make sure college from colleagues to truly address this, PLUS loans alternative. This provides loans are available. Also I want to what needs to be addressed, and even help to parents. It allows the parents speak to the fact that we are working putting food on people’s tables and to delay the repayment on the loans together to extend unemployment in- health insurance. until their child has graduated from surance benefits, and I greatly appre- Everything is going up in the wrong college. It makes it easier for parents ciate his leadership. direction, including the fact that peo- who have been hit by the mortgage cri- I want to specifically today speak to ple are now losing their unemployment sis to obtain these low-cost loans; help that piece of the effort we are working benefits. We have been suffering in for the students, help as well for fami- on together. Because since my col- Michigan through several years of high lies. leagues across the aisle blocked ex- unemployment, as I mentioned. We Finally, the bill helps stabilize the tending critical unemployment bene- have 7.2 percent unemployment right overall student loan market by author- fits from the part of our first stimulus now. In the first half of this year, over

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.001 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7594 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 May 1, 2008 72,000 people exhausted their unem- Last year my colleagues on the other the wealthy people in America have ployment benefits. But we are not side of the aisle blocked an energy tax extra money to spend, it will be good alone. This is not only a Michigan bill that would have increased the pro- for everyone else. That is a hard mes- problem anymore. Alaska, California, duction of renewable fuels and helped sage to deliver and even harder to be- Rhode Island, Mississippi, Nevada, Mis- bring more advanced technology vehi- lieve. souri, Oregon, South Carolina, Ken- cles to the marketplace to reduce our Elizabeth Warren is a professor of tucky, Ohio, all have unemployment dependence on foreign oil and begin to law at Harvard Law School in Cam- rates at or above 5.7 percent. Across address what is happening on the gas bridge, MA, and has become a good the country, millions of Americans are price side of things. friend and adviser to many of us. She losing what are insurance benefits. We But, unfortunately again, these ef- recently made a presentation to a num- are not talking about public assist- forts were blocked time and time again ber of Senators and showed an analysis ance, we are talking about an insur- when we brought forward proposals which she had done relating to the ance system that they paid into, that that relate to energy and pricing and middle of the middle class. Professor employees come into for these cir- accountability for the industry. Mov- Warren took a look at real middle-in- cumstances. ing tax breaks from oil companies to come families and basically asked the We have not seen the President’s alternative fuels or to consumers, we question: What has happened to them willingness, up to this point, to support have been blocked. I have to say also in during the last 7 years? extending unemployment benefits and, conclusion today that once again, a Her findings are troubling. From 2000 subsequently, my colleagues on the critical issue to this safety of the to 2007, she writes, the American fam- other side of the aisle. This makes ab- American public has been blocked, and ily lost ground. Measured in real dol- solutely no sense. Frankly, from an that is the question of whether we are lars, incomes declined while basic ex- economic standpoint, it makes no going to modernize air service in this penses skyrocketed. By the time to- sense. country; whether we are going to truly day’s family makes a few basic pur- Moody’s economy.com chief econo- have a passenger’s bill of rights; wheth- chases—housing, health insurance, mist Mark Zandi estimates for every $1 er we are going to update a system food, gasoline, and phone—it has about spent on unemployment benefits, the that is clearly overloaded, clearly in $5,700 less than it had been in 2000. economy is stimulated by $1.4. We crisis. We have been trying all week to Now, this is a family that is making knew that when we passed the original bring to the floor critical changes to in the range of $40,000 to $45,000. So a stimulus package. Rather than a re- upgrade the American airline system, decline in buying power of $5,700 over bate, many of us were arguing that the and once again these efforts have been the last 7 years causes real hardship. best way, the fastest way to stimulate blocked and blocked and blocked. We By every measure, incomes are down the economy was to give dollars di- have a whole range of needs in this for the same hypothetical family for rectly to people out of work, struggling country that are urgent for the safety this same period of time; down for fully to make their payments, who on aver- of those of us who are flying with our employed males, fully employed fe- age make 40 percent of their wage from families and are counting on the fact males, down for households. this unemployment insurance system. that everything that is being done to Adjusted for inflation, median house- The people would have to turn right make sure that system is the best in hold income has declined across Amer- around and go to the grocery store, buy the country and it is safe. ica by $1,175. Prosperity has not arrived clothes for their children, spend the We see that families are struggling to the working class, the working fami- dollars they receive in unemployment with gas prices. We see in my home lies of America. In fact, the opposite benefits in order to be able to keep State again 10,000 people a month los- has been true. going. What we have heard over and ing unemployment insurance who are Of course, the biggest thing we face over again from colleagues on the trying to figure out how to make ends going home is the increasing cost of other side of the aisle is: We should meet while we see blocking after block- gasoline. The increase in the cost of wait; we should wait; it is not that bad; ing, filibuster after filibuster, here in gasoline has more than doubled since it is not bad enough. I do not know how the Senate stopping us from moving President Bush became President. In many times we have heard the Presi- forward on important legislation. that same period, the profits of the oil dent say, up until recently, ‘‘Well, the I urge my colleagues to listen to the companies have more than quadrupled. underlying fundamentals of the econ- folks at home and what they are going It is no coincidence. They are making omy are good’’ or ‘‘Things really are through, and to join us to extend un- more money as families, rich and espe- not as bad as people think.’’ employment insurance, to address cially poor, reach deeper into their Well, they are. They are. The Amer- what are outrageous gas prices, and pockets to pay for gasoline. Families ican people know that when they are also make sure we are being serious have reduced driving. They have to being hit on all sides with rising costs and responsible about important issues spend an average of $2,000 more a year and lower wages. So I am here today to such as airline safety. for gasoline than they did back in the urge my colleagues to come together to I yield the floor. year 2000, when President Bush was understand what American families are The PRESIDING OFFICER (Mr. elected. Our friends on the Republican going through, and to support, strongly WHITEHOUSE). The Senator from Illi- side of the aisle like to talk about cut- support, an extension of unemployment nois is recognized. ting people’s taxes, sending out rebate compensation. Mr. DURBIN. My thanks to my col- checks. Of course, those are all well Let me say in conclusion that this leagues from Massachusetts and Michi- and good. But it turns out the expense unfortunately is a pattern we have gan for bringing to our attention the which has been passed along to work- seen over and over again when it comes struggle this economy presents to ing families for the cost of gasoline to blocking those programs that are many families across the United since President Bush became President critically important for American fam- States. is more than $2,000 a year. There is a ilies. Over and over again we see col- You would almost find it hard to tax. It is a tax families have to pay if leagues filibustering issues, stopping us imagine that this Senate could meet they have to drive to work or if they from moving forward on what makes a with such regularity and not address want to take their family on vacation. real difference in people’s lives. these issues directly. But this adminis- Increases in mortgage costs took an- It is not only extending unemploy- tration and its economic policies have other big bite out of middle-income ment insurance for families and work- not focused on working families. They families, almost $1,700 each year. ers in Michigan and across the country, have focused on tax breaks for those in Health insurance, food, telephone, ap- but it is part of a pattern of blocking the highest income categories in Amer- pliances, another $750 a year knocked and obstructing what is important to ica. That is something they do without out of the family budget. The increases families in this very difficult economy. embarrassment. They suggest that if mean the average family is spending

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.001 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 7595 $4,564 more for basic expenses now than the Tax Code and programs that help ferent occasions, they have initiated a they did in 2000. How about families working families. filibuster to stop us from taking up with kids? Childcare costs under this Mr. President, I have a friend in Illi- legislation. President have gone up by $1,321 a year, nois whose name is Harold Ramis. Har- You say to yourself: Maybe that had more than $100 a month; afterschool old Ramis and I share a birth date and to be done. Not until you look at the care, $511 a year. All parents, regard- a lot of friends. Harold Ramis has done legislation involved. Two weeks ago, less of the age of children, see the ris- quite well for himself. He ia a writer, a we had something called a technical ing cost of college. Under this Presi- producer of movies. Harold got started corrections bill. This is a bill that no- dency, the net cost of college, includ- writing ‘‘Animal House,’’ went on to tices there were spelling errors and ing scholarships and grants, has in- write ‘‘Caddyshack’’ and a few others. grammar errors in a highway bill that creased by more than $1,000. Is it any But one of his most famous movies, passed several years ago. They change surprise, when Members of the Senate which he released over 15 years ago, it with technical corrections. It usu- and the House go home over the week- was a movie called ‘‘Groundhog Day.’’ I ally is a bill which passes with no de- ends and run into these families, they bet every American has seen it. It is bate, no comment, and not even a want to talk about the latest outrage, hard to believe it has been more than record vote. It just goes through when which happens to be the price of gaso- 15 years since it was released. In that we have to clean up some problems we line? movie another Chicagoan, Bill Murray, had in previous legislation. My understanding is ExxonMobil wakes up every morning in Punx- In this new era of Republican filibus- made its report of quarterly earnings sutawney, PA, and looks over at the ters, they decided to filibuster the public today. It was a little bit off for clock radio as Sonny and Cher are sing- technical corrections bill. If there was them. Their earnings only increased 17 ing ‘‘I Got You, Babe,’’ and relives the ever an embarrassing moment in the percent, hardly keeping pace with the same day over and over again, until fi- history of the Senate, it is the notion recordbreaking percentage increases of nally it stops at the end. A fascinating that we would filibuster a bill that cor- the past. But trust me, there will be no movie, it has been analyzed by so many rects grammatical and spelling errors, tag days for those CEOs and members people. What is the message of the but they did it. They held the Senate of the executive board and manage- movie? I am not sure. I sure enjoy it in session for a full week while we ment of the biggest oil companies in and continue to watch it. I drive my waited to complete the technical cor- America. They are doing quite well. wife crazy when she says: How many rections bill. Then came the veterans’ The question is whether this Congress times have you seen that movie? But I health benefits bill. Veterans’ health can do well by American families who like it a lot. benefits? Is this an issue anyone con- pay the price for those profits. That is I am reminded of that movie when I tests, that we would not provide all the a challenge we will face. think about what is going on in the benefits promised and all we can afford President Bush is going to send us a Senate. It is almost like ‘‘Groundhog to the men and women who have served supplemental appropriations bill. It is Day’’ around here because every day our country so valiantly and continue because of the emergency in Iraq. He is that you get up in the Senate and to? We brought this bill to the floor going to ask for $108 billion for Iraq every week, it is the same music play- figuring this was an easy one, a bipar- and Afghanistan. He is not going to ask ing. It is the same script playing. The tisan bill. It would pass. It was the sub- for the emergency in America, and script that is playing is the strategy on ject of a Republican filibuster that held that bill on the floor for a full week. there is one. He will not be asking for the other side of the aisle, on the Re- Time and again, we came to the floor increasing unemployment compensa- publican side of the aisle. Their strat- and said to the Republicans: Let us call tion for families out of work, watching egy is very simple. It involves the use up this bill. If you have an amendment, unemployment rates rise by the day. of a filibuster. if there is something you want to A filibuster is a uniquely Senatorial He will not be asking for tax breaks for change, then let’s do it. No. Day after institution that says, historically, any those struggling families I have de- weary day this ‘‘Groundhog Day’’ Senator can stand up at any time and scribed. He focuses on the Middle East. script played out. We got up every I am from Illinois. I focus on the Mid- stop anything—a nomination, a bill, morning. We didn’t hear Sonny and dle West. I try to look at the whole Na- anything. It gives us a lot of power. Cher. We heard the Republican minor- tion, but I start with my obligation at But unfortunately, that power can be ity leader singing the same song every home. When I look out the window in misused. ‘‘Mr. Smith Goes to Wash- morning: We are going to try to get the morning, I see America. When this ington,’’ Jimmy Stewart on that fa- around to looking at this bill. Days administration looks out the window mous set, the brandnew Senator who passed. in the morning, it sees Iraq. So when it stood up and filibustered until he If the Senate was paid for piecework comes to emergency spending, drop ev- dropped right next to his desk, we all as opposed to a general annual salary, erything, highest priorities, it is not remember that image. It doesn’t quite we would be hurting at this point. We about America. This administration fo- happen that way anymore. I have not don’t do much around here, and that is cuses on the Middle East. seen anybody fall to the floor in the unfortunate. By the end of the week, I think that is unfortunate. We need middle of a filibuster, but it does eat after they had burned another week off to understand a strong America begins up a lot of time, and it slows things the calendar, a week where we didn’t at home. It begins with a strong econ- down. consider the problems with our Na- omy, strong families, strong churches, In the history of the Senate, there is tion’s energy policy, where we didn’t strong temples, strong neighborhoods, a record book. The record book says do a thing about gasoline prices but strong cities, strong communities that that in the history of this great body, were stuck in a Republican filibuster, build a great nation. They are suffering in a 2-year period, the maximum num- we had one vote on one amendment and at this moment. ber of filibusters is 57; 57 times in 2 passed the bill virtually unanimously During the course of this week, there years there was an effort to stop the when it was all over. has been precious little done on the debate, stop a nomination, and a fili- There was no controversy. floor of the Senate. Senator after Sen- buster was initiated. The object from the Republican side: ator has come to talk about their con- For those who follow the history of Slow everything down. Stop it if you cerns about energy costs. That is good. the Senate, they are watching a his- can. We should raise awareness of this par- toric session. Because in the last year So this week comes another bill. This ticular issue. But we need to do more and 4 months, the Republicans in the bill is 288 pages. This is the reauthor- than give a speech, come up with a Senate have broken the record. They ization of the Federal Aviation Admin- quick gimmick or a quick idea. We have gone beyond 57 filibusters. At this istration. Unfortunately, it is now sub- have to focus on changing some fun- point, they are now up to 68 Republican ject to a Republican filibuster. A mo- damentals, and it ought to start with filibusters and still counting. On 68 dif- tion for cloture is about to be filed.

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.001 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7596 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 May 1, 2008 This week in the Senate, for those who money they need to expand and handle Several Senators addressed the want to keep up with the ongoing and the growth in air traffic. Chair. developing saga of our ‘‘Groundhog Lastly, the FAA bill also provides The PRESIDING OFFICER. The Sen- Day’’ script, Republicans are blocking important provisions giving passengers ator from Rhode Island. safer, more efficient air travel. We rights when they are stuck in airplanes Mr. REED. Mr. President, the custom have spent the entire week here and on the tarmac. Has it ever happened to is to alternate to each side. Senator had one vote. I know it is not a secret. you—stuck out there for an hour, if DEMINT is here. After he has concluded It is in the CONGRESSIONAL RECORD. But you are lucky? It used to be a lot his remarks, I ask unanimous consent it is embarrassing. We tried time and longer. There are some horror stories to be recognized. again to get Senate Republicans to that have come out of this. I will not The PRESIDING OFFICER. Without give us an amendment, call it up for a go into the details other than to tell objection, it is so ordered. vote. Let’s get moving on this bill. No, you we try to provide in this bill basic Mr. DEMINT. Mr. President, I thank let’s wait until next week. protections for airline passengers. We the Senator. Is there anything else we could have never want an airline to hurry into a Mr. President, I need to start by ex- been considering in the Senate this circumstance that might compromise pressing my disappointment at the week? We should have passed this in a safety, but we do believe they should misleading and distorted information hurry. First, it is a bipartisan bill. Is it inform their passengers about what is that was just presented on the floor. necessary or important? For those of going on and be mindful of the need for Actually, I was amazed at what was us who live on airplanes, you bet it is. basic human comforts that passengers just said. Twenty-five million more passengers need when they are stuck on the run- The Commerce Committee had come flew on U.S. commercial air carriers way for hour after weary hour. That is up with an aviation modernization bill last year than the previous year. Al- in this bill. You will not get a chance, with strong bipartisan support. But, most 800 million passengers flew on if you look at the CONGRESSIONAL like many other bills we have faced U.S. commercial carriers in 2007, dou- RECORD of this week, to hear any de- with our Democratic colleagues in the ble the number of 1985. The FAA pre- bate about it. We did not get to it. We majority, some of my Democratic col- dicts the aviation system will trans- were stuck in a filibuster—stuck for I leagues chose to add special provisions port more than 1 billion airline pas- think it will be the 69th filibuster of for some interest groups and very sengers annually by 2020. There is a this senatorial session. wasteful and questionable earmarks, problem though. As modern as the air- I believed when I came here that this tax earmarks, using unprecedented planes may be, as new as some of the was the world’s greatest deliberative methods to fund things through chang- airports may be, we are running our air body. Maybe it is self-promotion for us ing our Tax Code, things that there is traffic system on radar that was estab- to continue to say that because we a lot of consternation about: changing lished during World War II. This tech- have precious few amendments, very a pension plan. nology is not equipped to handle the little debate, and we really lack the The reason this bill has been held up volume increase in air travel we antici- kind of legislative activity that has, I is the majority decided to add things to pate. We are already seeing it in air- guess, been the hallmark of the Senate it that had nothing to do with aviation. ports across the country. Passengers for as long as it has existed. We have We want this bill to come through, and are feeling it in my home State in the ground to a halt because we are facing it has strong support. great airport at O’Hare, where I spend the slowdown strategy from the other Mr. DURBIN. Mr. President, will the a large portion of my waking hours. side of the aisle. Senator yield for a question? U.S. News and World Report placed When you think about how many im- Mr. DEMINT. Mr. President, no, I O’Hare recently at the top of the air- portant issues we need to work on for will not. I have been down here several port misery index. In defense of that this country, for the families of this times today, and I will continue my re- great airport, we are in the process of country, important decisions we need marks. But I will be glad to have the modernizing it and things will get bet- to make, it is sad that the Senate rules Senator say anything after I complete ter. But it is fat. The magazine cited allow this to continue. my remarks. that almost 30 percent of flights in and Well, we will return next Tuesday, The Senator mentioned the technical out of O’Hare are delayed. One of the after a long weekend. After having one corrections bill for transportation. He main reasons is the incapacity of our vote this week, we need a rest. I hope said this was just typos. This bill added air traffic control system to deal with you understand. We will come back hundreds of millions of dollars of new this increase in volume. We need to Tuesday in the hopes we can start up earmarks to our transportation budget. move to a more modern, satellite-based this bill again. Maybe in the second It was not a technical correction bill. air traffic control system. This tech- week this bipartisan bill just might It was an opportunity for the majority nology, known as NextGen, will give draw an amendment from the other and some others to add things that did pilots and air traffic controllers the side of the aisle, just might draw some not need to be a part of this bill. The ability to accurately pinpoint aircraft debate on the floor, and just might get Senator even knows, on bills such as in the sky to avoid any problems, to passed, so we can move on to the next consumer product safety where special monitor traffic, to move things more issue, which I believe will be energy provisions were added for manufactur- smoothly and efficiently. policy. And I can just guarantee you, it ers in that bill, we had to slow the bill The second reason for the increase in is likely to face another filibuster from down in order to get those things taken delays comes from the lack of capacity the Republican side of the aisle. out. in our airports. O’Hare Airport was de- The GOP is the, I guess, nickname So there is a reason the majority has signed in the 1950s and built in that for the Republican Party. It stands for not been able to move any significant era. It doesn’t handle, as it should the ‘‘Grand Old Party.’’ When you legislation. It is because they tend to most efficiently, the aircraft of today. watch the progress, or at least the clutter it up with wasteful special in- We have a big expansion under way. strategy of the Republicans in the Sen- terest earmarks that need to be taken But the bill that has been held up all ate, you come to believe that GOP out. Hopefully, we can come to an week in the Senate, a bill that was stands for ‘‘Graveyard Of Progress.’’ agreement to take out these unneces- brought to us on a bipartisan basis by That is what they see the Senate. That sary and unprecedented tax provisions Senator JAY ROCKEFELLER of West Vir- is unfortunate. in our aviation modernization bill so ginia, who has worked his heart out to There is a lot of work we need to do. we can get this thing done. pass this bill, and Senator KAY BAILEY The American people sent us here to do HEALTH CARE HUTCHISON of Texas, who helped in it on a bipartisan basis. I hope we can Mr. President, I did not come down crafting this bill, will provide funding get it done. to talk about aviation modernization, for programs to give airports the I yield the floor. as I hope the majority will clean this

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.001 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 7597 bill up so we can get it through. But I dealing with billing and running up the are designed that when someone seeks want to talk a little bit about health cost of administration. We know today preventative care, diagnostic care, the care. there are more administrative people insurance pays for it and it does not Health care is a priority for the Na- in a doctor’s office or a hospital than come out of the health savings ac- tion. Americans deserve access to af- there are health care providers. The count. fordable health insurance. Yet we are reason for that is, every time we use Health savings accounts give people wasting time here and not doing any- the health care system, there is a third better access to the type of health care thing to help with the health care cri- party involved, whether it is private they want. We found that it even helps sis in this country today. health insurance or Medicaid or Medi- with chronic-disease management. If Fortunately, one of our colleagues, care, and there are a lot of administra- people have access to $1,000 or $2,000 JOHN MCCAIN, has come out this week tive costs. more per year to use the way they need strongly for a health care plan that Health savings accounts not only to for their own health, then they can would help every American to be in- give people more flexibility, but they manage their diabetes or congestive sured. He talks about guaranteed ac- begin to take the cost of administra- heart failure or other types of illnesses cess to health insurance—plans people tion out of health care. It allows an in- that are often restricted by traditional can own and can afford and keep, plans dividual to make their own decisions health insurance. they choose for themselves and that with their doctors or with their phar- I want to encourage my colleagues— are not chosen by the Government. macists as to their health care, and my colleagues who really believe This is the direction we need to move. they do not need approval from some Americans should have the freedom to Unfortunately, my Democratic col- health insurance company or from own their own health insurance and leagues—at least many of them—do not some Government bureaucrat whether not have to go to the Government for want everyone to be insured with per- they are going to spend this money. their health care—to help us preserve sonal health insurance policies. They Certainly, the way health savings ac- and promote and expand health savings would much rather the Government count dollars are spent is restricted to accounts for those who want them. take over the whole health insurance real health care, and that is the way it I want to make it clear, health sav- industry and decide for us what type of is working. ings accounts are health insurance. health plans we are going to have. The But, unfortunately, a company that They are just health insurance plans evidence of this is abundant. provides this service of substantiating that have savings and insurance with There are a number of efforts Repub- the way health care dollars are spent them, so that most of health care can licans have made to try to improve ac- has come to Washington and convinced be accessed with dollars of patients cess to private health insurance. One is Democrats that we need a third party doing direct business with their physi- to allow people in this country to buy to determine whether a health savings cian, with their pharmacist, with the health insurance from anywhere in the account spending event can be substan- hospital. It will save millions—even country. Right now, they are restricted tiated. This is definitely a special in- billions—as a nation in administrative to buying it in the State where they terest provision that the Democrats costs. Already, Americans have well live. So a few insurance companies have bought into. But what it does is it over $3 billion saved in health savings have a monopoly on the business. We adds the administrative costs back to accounts for future health care needs. have had a Health Care Choice Act that health savings accounts and takes This is an idea we need to expand would give Americans a chance to shop away the flexibility we are giving to across the country, not to destroy. I anywhere in the country. Yet the individuals. would ask particularly my Democratic Democrats have blocked this bill. Keep in mind, people who are unin- colleagues on the Senate side not to Only a couple weeks ago, we had an sured and people who did not have in- take up this provision that the House amendment to the budget bill that surance before and a number of people included that will hurt and probably would allow individuals to deduct the who are switching from traditional destroy the whole idea of health sav- cost of health insurance, just as busi- plans—and we have gone from 1 million ings accounts. nesses do. But I believe every Demo- people covered by health savings ac- Mr. President, I thank the Senator crat in the Senate voted against that, count-type plans to over 6 million in for allowing me to speak, and I yield to give some kind of fair tax treatment the last few years. It is the fastest back the time. to individuals who are buying health growing type of health care plan be- The PRESIDING OFFICER. The Sen- care. They blocked it. Yet they com- cause that is the kind of plan people ator from Rhode Island. plain about individuals being unin- want. Mr. REED. Mr. President, we are sured. They do everything they can to Let me just read some statistics. The here today in the midst of another fili- keep individuals from owning health reason for all this is the Democrats buster in which the FAA reauthoriza- insurance. have inserted, on the House side, in the tion bill is before us, but we have to Now the Democrats are trying to de- bill they call the Taxpayer Assistance wait for a cloture vote and we have to stroy health savings accounts. It start- and Simplification Act, provisions that wait many, many days past, I think, ed in the House with a bill that will would put an administrative burden on what was appropriate. But it does give change the way health savings ac- health savings accounts. They are try- us an opportunity to talk about the counts are set up. The fastest growing ing to kill health savings accounts so issue that is of most concern to Ameri- way for the uninsured to get insurance we will all end up with Government cans at this moment; that is, the econ- is new types of health plans that have health care. omy. health savings accounts and insurance, I already mentioned that we have We have an economy that is heading, where people can buy most of their gone from 1 million people covered by unfortunately, toward recession. Some health care with their own dollars or in health savings account plans in 2005 to economists have already declared it dollars their employers put in this over 6 million today. Thirty-one per- here. Over the last few months, I have health savings account that is tax free. cent of the people who have these spoken about the situation and par- It gives them a lot more choices and health savings account plans plus in- ticularly, I say to the Presiding Offi- flexibility, and it takes out, impor- surance were previously uninsured. cer, in our home State of Rhode Island tantly, the cost of third-party adminis- Eighty-four percent of health savings where, as we go about, we are stopped tration. account policies in the group and indi- constantly by our constituents, our Health savings accounts are a way to vidual market provide first-dollar cov- neighbors, our friends who, quite right- restructure health insurance plans so erage for preventative care. So this ly, complain about the current eco- that every time you go to the doctor or claim that health savings accounts nomic situation. the hospital, there is not a third-party keep people from seeking preventative The Senator from Illinois was very insurance company filing claims or care is totally bogus because the plans accurate and very insightful when he

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.001 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7598 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 May 1, 2008 noted that the incomes of most Ameri- In Rhode Island, for example, with That is why I support the Close the cans have not risen over the last dec- respect to prices, the average price of Enron Loophole Act that has been in- ade or more and that these individ- gasoline is soaring to record levels. troduced by Senator LEVIN. It has been uals—and we are not talking about Regular unleaded is currently at more included in the Senate-passed farm low-income Americans, entry-level than $3.60 per gallon. Diesel is getting bill, and I continue to advocate that workers; we are talking about going close to $4.50 per gallon. For our truck- provision should be adopted very way up close to $100,000 or more—they ing industry, for all of the businesses quickly because without it, I don’t have seen no real income growth. But that depend on moving their goods think we can effectively provide regu- what they have seen is accelerating around, for the service people who have lation to a market that is exacting, in prices. to get to their service calls, when some estimates, a 25-percent premium, Now, for several years, they thought prices go up—gasoline and diesel—that not because of supply and demand but they would be buttressed against these is an additional business cost. It is an because there are financial forces at accelerating prices and slow income additional tax on them because of, I work speculating in these commod- growth by the value of their homes. think, the failed policies of this admin- ities, and that speculation will go on But, as we know now, we are seeing a istration, and it is a tax that is taking until we authorize the appropriate reg- huge recession in the real estate mar- a big bite out of their well-being and ulatory authority to begin to super- ket. The values of homes are beginning the welfare of their families. vise, regulate, and review those trans- to fall. They certainly are not rising as One thing we can do, and I think we actions. they were. The foreclosure situation is should do—we could do it imme- The price of food is also, in many deepening everywhere. Again, in Rhode diately—is we can refrain, at least tem- cases, spinning out of control for so Island, there were traditionally a few porarily, from filling the Strategic Pe- many working Americans. Since March notices each week in the paper. Now it troleum Reserve. That seems to be a 2007, the price of eggs has jumped 35 seems there is a whole section devoted very simpleminded approach to less- percent, a gallon of milk is up 23 per- to foreclosures in the Providence Jour- ening, at least in a small way, demand cent, a loaf of white bread has gone up nal. It is evidence of the worsening of for oil at a time that oil is surging to 16 percent, and a pound of ground the economic situation. around $119 per barrel. I think it also chuck is up 8 percent. Overall, food Now, the pressure of flat wages, flat will send a signal that we are at least prices in 2008 are expected to rise 4 to incomes, housing values falling—these doing something to relieve the pressure 5 percent, about double the increase of accelerating prices are becoming very on working families, and that can be recent years. difficult to endure by Americans every- done with the signature by the Presi- Again, this is not just an economic where. dent and ordered by the President, and statistic. Talk to the bakers—and the According to a review, a recent sur- it should be. Presiding Officer knows these families, vey by the Pew Research Center, fewer At the same time families across this such as the Calise family and other Americans now than at any time in the country and businesses across this families in Rhode Island who have been past half century believe they are mov- country are seeing extraordinary price baking Italian bread for 70 or 100 ing forward in life. increases, oil companies are seeing ex- years—they have never seen the in- One of the great aspects of my youth traordinary profits. I think we have to crease in wheat prices they have seen in the 1950s, 1960s, and 1970s is not only take action, and that action, once over the last several months. It is af- did families deal with moving forward, again, stalled on the Senate floor sev- fecting their ability to make ends meet they also were of an unshakeable belief eral months ago to eliminate some of for their businesses. When you have ac- that their children would have a much the tax breaks that oil companies are celerating energy prices, oil prices, better life than they enjoyed. That be- receiving. I thought that at $119 a bar- gasoline prices, accelerating com- lief is being shaken today, seriously. rel, there would be sufficient incen- modity prices such as wheat, a business Many parents—again, we are not talk- tives to go drill, but apparently the oil such as that, a family-owned bakery, it ing about low-income workers; we are companies need tax incentives as well. is very difficult. It is extremely dif- talking about a range of Americans— I thought the market would be working ficult for those families who are strug- believe that unless we take positive in this case, but apparently it works in gling to get by to get, frankly, to the and effective action, we are going to be strange ways for these oil companies. supermarket, fill up their basket, and in a situation where the next genera- I think we also have to think about a not walk out very much impoverished tion of Americans will have it even windfall profits tax. We have huge ex- by the experience. more difficult than we do today. That penditures. The President, as the Sen- That is why I have requested the is why it is very difficult to bear these ator from Illinois pointed out, is send- Senate Agriculture Committee to hold filibusters because ultimately, this is ing up a supplemental appropriations a hearing on the food versus fuel bal- not about parliamentary maneuvering. bill for Iraq for billions of dollars. All ance in U.S. agriculture policy. We It is about whether we can provide the of that is expended, and yet we can’t have been encouraging ethanol produc- leadership and the policies to reverse tax some of the extraordinary profits tion. That would bar us using some of course in America today and provide of companies that are doing very well our commodities, our agricultural for that better future for our sons and and don’t seem to be reinvesting it commodities, but I believe we have to daughters tomorrow. robustly in drilling or searching for al- begin to focus on the tradeoff between Seventy-nine percent of Americans ternative sources. energy production and food production. today believe it is more difficult to I think we also have to protect con- I have also sent a letter to the Agri- maintain their middle-class standard sumers from price gouging at the culture Secretary expressing concern of living. In fact, one of the great hall- pump, and something else—and that is with the cost of wheat, as I indicated, marks of this country in the last cen- speculation in the world oil markets. based upon comments I received from tury was the creation and the expan- There are experts who suggest that our bakers in Rhode Island, and re- sion of the middle class. Again, there more than 25 percent of the cost of quested that the Secretary work with are many people who are sensing that crude oil may be the result not of sup- the Environmental Protection Agency the middle class is not expanding any ply and demand but of market specula- and the Department of Energy to look longer, but that it is shrinking. It is tion. We need to give the principal reg- at the need to develop a mechanism to shrinking on the load of increasing ulator for the energy-commodities balance this tradeoff between food pro- prices, flat incomes, and decelerating markets, the Commodities Futures duction and fuel production, and re- housing values. That is not just the Trading Commission, the tools they questing information about how the sum of statistics and analysis and re- need to review these transactions and Department of Agriculture is managing ports; that is what people are talking to ferret out unscrupulous conduct in the wheat stockpile—which is some- about everywhere in this country. speculation. thing that will influence the price of

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.001 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 7599 wheat—as well as requesting informa- ployment longer. The economy is not The PRESIDING OFFICER. The Sen- tion on how it is monitoring new spec- responding to their needs. This econ- ator from Kansas is recognized. ulative investment in commodities and omy is not generating jobs, it is shred- ETHANOL its impact on prices. All of this has to ding jobs. That ultimately leads to the Mr. BROWNBACK. Mr. President, I be done. fact that the benefits run out if we do appreciate hearing my colleague from What is becoming also more difficult not extend unemployment insurance Rhode Island. I am standing here to bear on top of everything we have benefits. thinking: Thank goodness we have eth- talked about—flat income, rising Now, I think that is something we anol. Without ethanol—we are sup- prices, declining home values—is the have to do. I think we have an obliga- plying 8 percent of our fuel needs—it fact that now we are seeing unemploy- tion in this economy—which is getting would drive up gasoline prices another ment begin to accelerate. In Rhode Is- worse, not better—to go ahead and pro- 15 percent. I am certainly pleased we land, we are unfortunately experi- vide extended unemployment benefits. have that. encing a 6.1-percent unemployment By the way, these benefits are one of We had a hearing in the Joint Eco- rate—higher than the rest of New Eng- the best stimulus programs we have be- nomic Committee today on the price of land. It is causing real problems, and it cause the proportion of the money that corn and its impact on food prices. It is is something we have to address. I is expended that gets reinvested quick- interesting from the standpoint that think we have to begin to recognize ly—respent in the economy—is signifi- economists are putting it in front of us that as we lose jobs, we have to think cantly higher than other programs. that a 40-percent increase in corn seriously about employing people I was pleased the Senate passed and prices would only lead to a 1.3-percent again. the President signed into law the Eco- increase in the price of food, and that As I mentioned, Rhode Island has a nomic Stimulus Act in February. I is because corn goes into a whole bunch 6.1 percent unemployment rate right voted for this package. It will provide of different substances. Thankfully, now. It is close to the highest unem- tax rebate checks. They are on their with the corn-based ethanol we have, ployment rate in the United States, way out to many families across the we are holding gasoline prices down ap- only behind Michigan, Alaska, and country. But given the historically proximately 15 percent. California. It is the highest unemploy- high unemployment in Rhode Island A Merrill Lynch analyst estimated ment rate in Rhode Island since August and in other parts of the country, I be- oil and gasoline prices would be 15 per- of 1995, more than 12 years ago. There lieve we need to do much more. This is cent higher, or $4.14 a gallon at today’s are 35,100 people in Rhode Island who a national problem. It needs attention. prices, if biofuel producers weren’t in- are unemployed, and this is a trend That is why I believe we have to extend creasing their output. That is signifi- that has been going up, unfortunately, unemployment benefits. In those cant in this marketplace. Thankfully, not down. States that are hit hard by this eco- we have that. We have also seen a shift in employ- nomic crisis, individuals should be eli- I also note that on wheat prices something is significant in Kansas. We ment recently from February to March gible for benefits for an additional 13 have had a fall of $4 a bushel in the of 2008. In just a single month, 3,100 less weeks and another 13 weeks of emer- price of wheat since January, from $12 people were without jobs in Rhode Is- gency benefits in States where the un- a bushel to $8 a bushel. Plus, in a loaf land, a decrease in 3,100 jobs. For a employment rate is exceptionally high. of bread, you probably have 10 cents’ State with a population of just 1 mil- I pressed, as so many did, for inclu- worth of wheat. I hope they would say lion, that is a significant factor. It sion of these extended unemployment the farm is not the problem in the sys- adds not only to the decline in the un- insurance benefits last February, and I tem. employment, but the velocity of that commend my colleagues who have Our oil prices are high and we need to decline. Things seem to be trending fought also for this benefit, including hold them down. Part of the answer to much quicker downward than rebound- Senators KENNEDY and DURBIN and that is domestic production—more oil ing. STABENOW. and gas production in the United Now, it is no wonder that the Labor As I indicated, many economists States but also biofuels. That is not Department announced today that the have also pointed to the extent of un- the reason I came to the floor to speak. number of first-time claims for unem- employment benefits as not only some- It was a good use of time to be able to ployment benefits rose to 380,000 na- thing that helps the individual, but it put that in the RECORD, though, be- tionwide. That is the highest level in 4 provides further stimulus for our econ- cause we are going to debate, appar- years. Today’s announcement con- omy. An extension of these benefits ently, the role of biofuels in the econ- cluded that Rhode Island had one of provides a very high rate of return on omy and around the world. I wanted to the largest increases in initial claims the money expended, generating ap- note it has a positive impact. numbering 1,779. The direction is unfor- proximately $1.64 in gross domestic Mr. President, I will speak on the tunate, and it is the wrong direction. product per dollar invested in this pro- FAA reauthorization bill. I thank the Approximately half of those unem- gram. This is especially helpful when chairman and ranking member of the ployed workers were eligible to collect we are looking for ways to get the relevant committees for bringing to unemployment insurance benefits, and economy moving again. the floor a balanced FAA reauthoriza- of this number, nearly 19 percent face We get news each day of declining tion bill. It takes into account the long-term unemployment. economic statistics. The last notice of needs of the air traffic control system The number of Rhode Islanders in our gross domestic product for the last and pays for them and distributes that 2008 who continue to collect unemploy- quarter was a very unimpressive .6 per- in a fair manner. ment benefits has also increased—14.1 cent. We need urgent action to move I am not pleased we are not able to percent above the number of the same the economy. We need urgent action to move the bill forward. I wish it wasn’t period last year. As a result of this sit- help families who are struggling. They loaded up with extraneous provisions uation of deteriorating employment have worked. They have worked hard, but, rather, that it would stay with the and longer term unemployment, a sig- and they are running out of their bene- FAA. nificant number of Rhode Islanders are fits. We can’t run out on them. I am particularly happy to see the exhausting their benefits. They are re- That is why we need an economic bill contains no user fees for the gen- ceiving their final payment. That has stimulus package that will not only eral aviation industry. It would have occurred for more than 1,900 people, recognize obligations overseas, but we placed an inordinate burden on what and that percentage is increasing also. will recognize obligations at home. I has been and continues to be a thriving All of these numbers suggest some- hope we will enact a very robust exten- American industry, a true domestic thing very obvious: more and more peo- sion of unemployment benefits for all manufacturing success story. I might ple need unemployment insurance. Americans. note to people here and those watch- More and more people are on unem- Mr. President, I yield the floor. ing, we are recruiting for jobs. We need

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.001 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7600 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 May 1, 2008 people in this industry. We have a term trends of this industry, and we ing being built, what is happening is number of manufacturing jobs in my are already losing a lot of that, even as the Air Force now wants to use all of State. I have traveled around and they the industry continues to do well and the land that is supposed to be for are saying we need more people coming is exporting well. We are not maintain- housing at Patrick Air Force Base as in to work. Some in Hays, KS, were ing the market share we have had the equity to build the houses on the telling me they need a thousand people internationally because the Europeans, other bases in three other States. for jobs they have. through government subsidies, are buy- You will be surprised when I tell you The aircraft industry is recruiting in- ing into this, and other countries are how bad this is. There were 300 acres on dividuals and, hopefully, we can keep following as well. the barrier island south of Patrick Air that moving forward with a good FAA I think as we look for what can help Force Base. This is in the town of Sat- reauthorization bill. I think it helps support our overall exports in our ellite Beach in Florida. It is near Cape the industry further if you don’t put a economy, aircraft sales can continue to Canaveral and the Cape Canaveral Air tax on the industry; it will hurt it. be that. Presently, they provide a $56 Force station. The 300 acres were basi- This is a domestic industry, and we billion trade surplus for our country. cally given by the Air Force to a joint need to take care of it. We sold $76 billion in airplanes and venture, a corporation, that included Importantly, however, this bill pro- parts to foreign buyers. I think we need this developer that ultimately went vides for the needed upgrade of our Na- to watch and I think we need to be bust. The deal was so bad that the Air tion’s air traffic control system, which very aggressive to protect and see that Force agrees, of the 300 acres, they are has been outdated for many years and this industry grows. One of the needed going to outright give 100 acres to the the technology is outpaced by many things is the FAA reauthorization pro- developer. The developer goes off and countries around the world. That gram. We need a modern air traffic sells it for something like $13 million should not be the case. control system, and we need to have a or $15 million and pockets the cash. On Aviation and manufacturing are very fee structure that doesn’t penalize gen- the remaining 200 acres the developer important to my State. We have five eral aviation. is supposed to build 550 new homes for major aviation companies located There is one final note. One of my airmen and their families and commen- there, including Cessna, Hawker colleagues from Missouri is talking surately tear down the old dilapidated Beechcraft, Bombardier Learjet, Spirit about bringing up an amendment that housing that had been there for several AeroSystems, and Boeing Integrated I think would have some positive im- decades. Defense Systems. pact on a repair and maintenance pro- The developer only builds 163 houses The aviation industry has a huge rip- gram but would have in it some fea- and then stops, and all these other old ple effect. Every manufacturing job tures—if it continues in the way I have dwellings are there, of which the devel- created adds 2.9 other jobs. It is a vi- seen it—that could harm our aviation oper has the authority to rent on the brant industry that, for the first time industry domestically. If that amend- market, and since they are run down, this past year, exported more of its ment comes up, we are going to look almost slum-like conditions, you can product than it sold domestically. This very critically at it, with the possi- imagine the kind of tenants you are is the first time we have been able to bility of putting forward second-degree now getting living next to Air Force do that. amendments to make sure we don’t un- families. However, I wish to note some dis- intentionally harm the domestic U.S. The Air Force’s idea of rescuing this turbing trends on things I think we aviation industry. is to say we are going to take that re- need to attack so we don’t lose this do- I yield the floor and suggest the ab- maining 200 acres, we are going to give mestic industry. This is one that a lot sence of a quorum. it to a new developer, and that equity of people in the world are trying to get The PRESIDING OFFICER. The is going to help that developer build a big piece of. Honda is coming into the clerk will call the roll. additional houses, but not at Patrick, aviation manufacturing sector, and The legislative clerk proceeded to no, in these three other States. others are coming into it. It has high- call the roll. So Patrick Air Force Base and our paying manufacturing jobs of a key Mr. NELSON of Florida. Mr. Presi- Air Force families who thought they product used around the world. dent, I ask unanimous consent that the were going to get 550 new homes now In 1985, the United States produced 80 order for the quorum call be rescinded. only have 163 homes sitting next to percent of the world’s new aircraft. The PRESIDING OFFICER. Without slum dwellings, and the Air Force is This past year, that number was down objection, it is so ordered. going to give away the rest of this 200 to 60 percent—from 80 to 60 percent. MILITARY HOUSING acres? There is increasing competition, and I Mr. NELSON of Florida. Mr. Presi- Well, something smells awfully fishy. hope we can address this trend as we dent, there is a colossal waste of tax- Fortunately, this has come to this Sen- move forward. To that end, I intend to payers’ money that is occurring at Pat- ator’s attention. I am happy to say I offer an amendment to the bill that rick Air Force Base in the State of had to strain and grunt a little bit to would create a blue-ribbon commission Florida near my home of Melbourne, get my point of view across to the Sen- of experts in aviation manufacturing to FL. Happily, the Senate Armed Serv- ate Armed Services Committee yester- study the current trends in the indus- ices Committee has addressed the issue day in a markup, but when the test try and recommend ways in which we, to try to expose the spotlight on the came on a recorded vote, it was 22 to 0 as a Government, can respond to those problem to get the U.S. Air Force to in favor of the amendment that would trends and ensure the vibrancy of this come clean as to what has happened in require the Air Force to do a cost-ben- important commercial sector. this huge fiasco of waste of taxpayers’ efit study before they can transfer the Parenthetically, one of the things we money. property. That is the policy set forth in should not be doing is exporting our It is born out of the privatization of the Defense authorization bill. aviation defense jobs—such as sending housing for military families. Through- I want to say a word to the U.S. Air the major tanker contract to Europe out the country, there has been some Force: No, technically, you don’t have and to Airbus, rather than having it success at other military bases, but on to pay attention because legally you done in the United States. This is a a particular contractor, a contractor can go on and transfer that property major battle that will engulf this Con- who got the contract to build housing now because our Defense authorization gress—whether that $40 billion con- for the Air Force on four Air Force bill is not law. It has only been passed tract, that the base plane should be an bases, including Patrick Air Force out of the Senate Armed Services Com- Airbus plane, made primarily in Eu- Base and three others in other places mittee. But it is going to be law once rope, or if the base plane should be a such as Georgia and Arkansas, the con- it gets through the House and the Sen- plane primarily made in the United tractor went belly up and now, in order ate and goes to the President for signa- States. It is a key part of the long- to try to keep some semblance of hous- ture.

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.001 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 7601 I strongly suggest to the U.S. Air have been worried about how they are Another family writes: Force, and I am memorializing these going to survive economically. On top I live in the Northeast Kingdom, which is comments in a letter to the Secretary of that, we now have the foreclosure a very rural area in the northern part of of the Air Force, Secretary Wynne: crisis and we have the escalating cost Vermont near the Canadian border, and I Withhold, forbear on any transfer of of gas and oil in this country, which have to drive a 30-mile round trip to work in the title to a new developer utilizing then leads some 80 percent of the peo- Morrisville and even farther to Stowe, where most of the jobs are now. With the gas prices that very valuable asset of barrier is- ple in this country to believe this coun- high and most employers paying $8.50 to land, oceanfront land until you do the try is going in the wrong direction, and maybe $10 per hour, you spend much of your cost-benefit analysis so we can bring one wonders, really, what the other 20 paycheck traveling to and from work. this out into the full light of day and percent are thinking. Clearly, for the In other words, in the real world, we will know how we can best protect middle class in this country, we are there are millions of people in rural the taxpayers’ investment. facing a very serious problem. Vermont and all over this country and We want to serve the U.S. airmen and I did an interesting thing a few weeks in Florida who are making $8.50, $9, $10 their families, we want to serve the ago in Vermont. We were having some an hour, and if you are paying $3.50 a U.S. taxpayers and their families, and town meetings on the economy. We gallon to get to work and you have to the best way to do that is get this brought a professor from Harvard Law travel any kind of distance, what do story out in the open with this cost- School, one of the best writers in you have left? Not a lot. benefit analysis. America on the economy. Her name is The average price for a gallon of gas Mr. President, I yield the floor. Elizabeth Warren. recently hit a recordbreaking $3.62 a The PRESIDING OFFICER (Mr. NEL- In preparation for that meeting, we gallon, which is more than double what SON of Florida). The distinguished Sen- sent out an e-mail to people in my it was when President Bush first took ator from Vermont is recognized. State and said: Tell me what is going office. The price of diesel fuel is now ENERGY on in terms of the collapse of the mid- averaging over $4.17 a gallon, which is Mr. SANDERS. Mr. President, in the dle class and how that impacts your more than $1.36 higher than it was just last several weeks in a number of life. Frankly, we expected a few dozen a year ago. The price of oil is now $110 venues, I have met with hundreds, in people to reply. As of today, we have a barrel. I think these prices say it all. fact thousands, of Vermonters, and to received over 700 responses. This is They tell every Member or should tell nobody’s great surprise, the issue that doubly surprising because in Vermont every Member of Congress what the is uppermost on their minds is the very people are quite reticent, not wanting American people understand, which is high price of gas and the price of oil. I to talk about personal aspects of their that we have a national emergency on know that is true in all 50 States in lives—700 people. I recommend you and our hands. If we do not act boldly and this country and in thousands of com- Members of the Senate read some of rapidly to lower gas and oil prices, the munities. It is especially true in rural these responses. They are up on our economic situation for millions of States because in rural States, espe- Web site. The tales people are telling working families will only deteriorate cially cold-weather States, it is not un- are heartbreaking, they are poignant, even further. common for people to travel 50 miles to they come from the heart, and there What we are talking about is not just their jobs and then 50 miles back. If are hundreds of them. the worker who can’t afford to fill up you drive 100 miles to work, the mile- Let me just read a few segments of his gas tank, it is the entire economy. age runs up. some of the letters we have received It is small businesses, it is farmers, it I should mention, I know it probably and how they touch on gas prices and is truckers. The trucking industry is didn’t snow in Florida, but it did snow the general collapse of the middle class convoluting right now with these high in Vermont. We had a small amount of in our country. prices. It is the increased cost of gro- snow. That simply indicates that peo- We are hard-working people. We want to ceries, it is tourism. People come to ple know when it gets cold in Vermont pay our bills. We want to keep what we Vermont and people go to Florida to it gets very cold. We have a lot of el- worked so hard for. The constantly increas- enjoy vacations. They are not going to derly people right now wondering how ing cost of gas, oil, groceries are drowning be able to drive there with these prices. they are going to heat their homes us. I hear the same thing from most of our In fact, what we are looking at is a next winter. We have a combination of friends on a daily basis—hanging on by a thread, robbing Peter to pay Paul. It is such major economic crisis impacting every working people in a rural State—this is a stressful way to live. There are days when segment of our economy. true all over rural America—paying I get so discouraged I just want to call the Sadly, as in so many other areas re- outrageously high prices in order to banks and say just take it all. I don’t have it garding the needs of ordinary Ameri- get to work and, in colder weather in me to fight for it anymore. cans, when it comes to gas prices the States, people very worried about This is a family in the State of Bush-Cheney administration is just not whether they can stay warm next win- Vermont. there. This is an administration where, ter. Here is another one. This comes from in area after area, you can count on The arithmetic is not really hard to an elderly couple in Vermont: them to stand up with the large multi- figure out. If you put 25,000 miles on My wife and I are both 77, retired and liv- national corporations. You can count your car going to work every year and ing on a very limited income. We live in the on them protecting the wealthiest peo- you are paying a buck more than you country, and driving the 60-plus miles round ple in the country. Now, when the mid- used to and you get 25 miles per gallon trip for shopping and health care has become dle class is in crisis, when people can- on your car, that is a thousand dollars. a financial hardship. not afford the rapidly rising costs of If you make $30,000 a year and you get Traveling 60 miles for shopping and gas and oil, they are nowhere to be a 3-percent raise, that is 900 bucks. So health care has become a financial found. all of your raise, all of your cost-of-liv- hardship. What is particularly interesting, of ing increase on your job is now in your Even though we drive a car that gets 35 course, as most people know, is both gas tank. That is happening to millions miles to the gallon, a tankful of gas eats up President Bush and Vice President of American workers. Then these same an awfully large amount of our disposable in- CHENEY have backgrounds in the oil in- workers are paying more for health come. dustry. That is what they did before care, are paying more for food, more That is true all over America. You have they assumed the Presidency and Vice for education, which, added together, is older people who get in their car, they go out Presidency. to buy groceries, they go to the doctor, and Ironically—and this would really be why the middle class in America is col- suddenly they are finding that just getting lapsing. into their car and going where they have almost funny if it weren’t so sad—when For many years, as good-paying jobs gone their whole lives is now a very expen- President Bush ran for office in the have gone to China, as our people are sive proposition, in this case eating up a year 2000, he touted his experience in struggling to make ends meet, people large part of their disposable income. oil as one of the reasons he should be

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.001 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7602 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 May 1, 2008 elected President. He knew the oil in- about 1.8 million barrels a day. And Second, I believe it is absolutely im- dustry. He would make the energy situ- OPEC is probably holding back 2.3 mil- perative that we impose a windfall ation better based on his experience. lion barrels a day altogether.’’ In other profits tax on the oil and gas industry. Here is a direct quote from what can- words, despite all of the rhetoric from The American people do not under- didate Bush said in the year 2000, in his President Bush, all of his experience in stand, nor do I understand, why they first campaign, regarding how he would the oil industry, the reality is that are paying record-breaking prices at improve our relations with some of the Saudi Arabia is not producing the kind the gas pump, while ExxonMobil has OPEC countries. This is what he said: of oil it should be producing and we are made more in profits than any corpora- I will use the capital that my administra- hurting as a result of that. tion in the history of the world for the tion will earn with the Kuwaitis or the Many of us are tired of waiting for past 2 consecutive years. Saudis and convince them to open the spigot. the Bush administration to act. Con- I know ExxonMobil and their propa- That is what candidate George Bush gress must act. There are a number of ganda machine will no doubt explain it. said in the year 2000. things we must do in order to lower the But the average person does not believe Then he said, also in that campaign: price of gas and oil in this country. One it and the average person should not The President of the United States must of them is to demand that Saudi Ara- believe it. ExxonMobil and the other jawbone OPEC Members to lower the price. bia, Kuwait, and the other OPEC coun- major oil companies are ripping off the End of quote from candidate George tries start producing the quantity of American people. That is clear. We Bush in the year 2000. That was 8 years oil we know they can produce. need a windfall profits tax to address ago. When then-candidate Bush made That is one thing we can do, but it is that. those comments, the price of oil was certainly not enough. The national oil Last year alone, ExxonMobil made $30 a barrel. Today, after 71⁄2 years of emergency we currently face in our $40 billion in profits, and rewarded its the Bush-Cheney administration, the country and in many other countries CEO Rex Tillerson with a $21 million price of oil is now $110 a barrel. demands both short-term and long- compensation package. That is noth- It seems to me that it is imperative term solutions. ing. He is getting shortchanged, be- that among many other things, many Long term, I think many people in cause the guy who went before him, other actions Congress must take, one the Senate and the vast majority of the when he retired—his name was Lee of them is to do what President Bush American people understand that we Raymond—got a $400 million retire- talked about in 2000 but never did, and must break our dependency on fossil ment package. So my suggestion to Mr. that is we must demand that Saudi fuel. We must move to energy effi- Tillerson is: Go back to your board. Arabia and Kuwait produce the kind of ciency. We must move to such sustain- You are getting ripped off 21 million oil they can. We must also move for- able energies as wind, solar, geo- bucks. How are you going to make it ward as a Congress to address the re- thermal, biomass, and others. In my on that? ality that OPEC is a cartel. That is view, the potential is absolutely stag- Here you have a company charging their reason for existence. A cartel is gering in terms of the amount of en- record-breaking prices, having given formed in collusion in order, in this ergy we can produce through sustain- its former CEO a few years ago $400 case, to prevent production of oil, con- able energy and the amount of energy million in a retirement package. But trol the production of oil in order to we can save through energy efficiency. ExxonMobil is not alone. Chevron, artificially keep prices high. Not only that, obviously we need to ConocoPhillips, Shell, and BP have This Congress must demand two significantly improve public transpor- also been making out like bandits. In things: that Saudi Arabia and Kuwait tation. Our railroads today lag far be- fact, the five largest oil companies in and other OPEC members increase hind Europe and Japan. In doing that, this country have made over $600 bil- their production so we can lower building a broad mass-transportation lion in profits since George W. Bush prices, and second, we must be aggres- system, we can break our dependency has been President. Not bad, $600 bil- sive in telling the World Trade Organi- on the automobile. lion in profits in 7.5 years. And people zation that OPEC is a cartel; it must In terms of automobiles, people are in Vermont and Florida cannot afford be disbanded. just now beginning—and we must help to fill their gas tanks. Back to President Bush. them—to move to electric cars, move Last year alone, the major oil compa- In 2004, when Saudi Arabia led the to hybrid plug-in cars. There is just nies in the United States made over fight within OPEC to cut production enormous potential out there. Clearly, $155 billion in profits and, not surpris- and raise prices, the Miami Herald re- that is the long-term solution of where ingly, those profits continue to soar. ported that President Bush ‘‘refused to we have to go. Today, ExxonMobil reported a 17-per- lean on the oil cartel’’ and ‘‘refused to But I sometimes hear my friends cent increase in profits, totaling $10.9 even personally lobby OPEC leaders to coming here and they talk about a billion, $10.9 billion for one quarter. change their minds.’’ long-term solution and yet they forget Earlier this week, however, BP, Brit- It is true that last January President about what is going on in America ish Petroleum, announced a 63-percent Bush did visit Saudi Arabia to ask today for a family making $30,000 or increase in their profits. Shell’s first OPEC nations to increase production, $40,000 a year, and maybe they have quarter profits jumped by 25 percent to but guess what. The Associated Press two cars because they have two work- over $9 billion; one quarter, 3 months. reported that President Bush’s request ers, and those people are going broke ConocoPhillips’ profits increased by was ‘‘ignored.’’ today. over 16 percent in the first quarter to In 2000, as a candidate, he told us he So I do not think it is an either/or. I over $4 billion. was going to open the spigot, he was think we have got to be aggressive It is hard to come up with the words going to get them to produce more oil, right now in moving toward energy ef- to describe it, because I know, and I am but that, of course, has not happened. ficiency and sustainable energy, but we sure you know, Mr. President, the Last March, after meeting with have also got to be aggressive today in problems middle-class people are facing Saudi Arabia’s oil minister, the Wall lowering the price of gas and oil. It is today and what these high oil and gas Street Journal reported that ‘‘Vice not an either/or. We move forward in prices are meaning to families, and at President DICK CHENEY suggested there parallel tracks. the same time this is going on, these is little more Saudi Arabia can do to One of the steps we have to take is to major oil companies are enjoying ob- increase oil production and relieve put pressure on OPEC nations to in- scene levels of profit. With their prof- price pressures in global markets.’’ But crease the production of oil. I think its, among many other things, they are Stephen Brown, the energy economist also we have got to break up OPEC, very lavish in the kind of benefits and at the Federal Reserve, has disputed and let the free market work in that salaries they provide their CEOs. Last this. He has said that ‘‘Saudi Arabia is area. But that is only one of the things year, Occidental Petroleum, one of the restraining its production, probably by we have got to do. ‘‘smaller’’ companies, gave its CEO

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.001 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 7603 $34.2 million in total compensation. was inserted in the dark of night and much impact as that is having on our The CEO of Anadarko Petroleum re- with no congressional hearings. Spe- economy, the deeper issue here is the ceived $26 million. Chevron’s CEO made cifically, the Enron loophole exempts degree to which people in our country, $15 million, as did ConocoPhillips’ electronic energy trading from Federal the hard-working citizens of our coun- CEO. He made $15.1 million in com- commodities laws. Virtually overnight, try, will or will not continue to have pensation. the loophole freed over-the-counter en- faith that their Government represents Let me be clear. I believe oil compa- ergy trading from Federal oversight re- them. nies should be allowed to make a rea- quirements, opening the door to exces- It is no secret that President Bush sonable profit and CEOs of big oil com- sive speculation and energy price ma- will likely go down in history as per- panies should enjoy decent compensa- nipulation. Since the Enron loophole haps the least popular President and, tion. That is a tough job and they has been in effect, crude oil prices in my view, one of the worst Presidents should earn a good salary. But they jumped from $33 a barrel in 2000, after we have ever had. But it is also true should not be allowed to rip off the adjusting for inflation, to over $110 a that the ratings of this Congress are American people at the gas pump, espe- barrel today. extraordinarily low; they are even cially at this moment in our history Last January, a veteran oil analyst lower than where President Bush is. when the middle class is stressed out at Oppenheimer estimated there is as I think the reason for that is people and in many ways collapsing. much as a $57 a barrel ‘‘speculative pre- are suffering terrible problems right The time has come to impose a wind- mium’’ on the price of oil. In other now. In almost every area you can fall oil tax on those companies so they words, he estimates that about half of think of, this country is going in the cannot continue to gouge the ordinary the price of a barrel of oil is due not to wrong direction. The middle class is people of our country. Unfortunately, the production and distribution of that hurting. We talked about oil prices, however, imposing a windfall profits product but simply to speculation. food prices, the loss of good-paying tax on big oil will not be easy. I think The CEO of Marathon Oil said late jobs, the health care system, Social Se- we all know the reason, and that is, last year that $100 oil is not justified curity falling apart, people are paying since 1998 the oil and gas industry has by the physical demand in the market. 25, 30 percent interest rates on credit spent over $616 million on lobbyists. In other words, those guys see that the cards. People are in trouble. In a And dare I say that right now on the price of oil is being driven up by specu- Democratic society, when people are in floors of the Senate, and on the floors lation. trouble, they look to the people whom of the House, you have very well paid Closing the Enron loophole would they elected, to their Government, to lobbyists, former congressional lead- subject electronic energy markets to protect their interests. They are look- ers, big-time law firms, floating all proper regulatory oversight by the ing to Washington right now. They are over this place right now trying to con- Commodity Futures Trading Commis- looking here. They are hurting, and vince Members of the House and the sion to prevent price manipulation and they are asking whether the Congress Senate to leave big oil alone. Not only excessive speculation. of the United States has the courage to have they spent, since 1998, $616 million I thank Senators LEVIN and FEIN- stand up to the very powerful financial on lobbying; since 1990 they have spent STEIN. I know Senator DORGAN and oth- interests which have so much influence over $213 million in campaign contribu- ers have been involved in producing over what goes on here. tions. That is the way the world goes— legislation and ideas to close this loop- So I hope very much we have the lobby, campaign contributions from hole. We must move forward and pass courage to once again earn the con- powerful multinational corporations. that type of legislation as soon as pos- fidence of the American people, that What is the end result? Their profits sible. we understand the pain they are feel- are soaring and ordinary Americans In addition—and this is an issue ing, and that we act properly, that we are hurting. The time has come, it where there appears to be a degree of lower gas prices, that we lower oil seems to me, for the Senate to stand bipartisan support—some of our Repub- prices. with working families all over this lican friends also agree the Bush ad- We can do this with bold action, and country, to have the courage to stand ministration must stop the flow of oil we can move this country to a new en- up to this very powerful industry and into the Strategic Petroleum Reserve, ergy policy dealing with energy effi- say ‘‘yes’’ to a windfall profits tax and and in my view, my view, immediately ciency and sustainable energy. I think ‘‘no’’ to the continued urges of the oil release oil from this Federal stockpile the American people want us to do and gas industry to pat them on the to reduce gas prices. that. I think that is, in fact, what we back and do nothing. This action has been taken in the should do. While it is true that oil companies past. It is not a new idea. Goldman I yield the floor, and suggest the ab- and their executives are making money Sachs has estimated that continuing to sence of a quorum. hand over fist, it is also true they are fill the Strategic Petroleum Reserve The PRESIDING OFFICER. The not the only culprits in this situation. has increased gas prices at the pump by clerk will call the roll. We must begin focusing on the very as much as 25 cents a gallon, and that The assistant legislative clerk pro- powerful speculators and hedge fund clearly is unacceptable. ceeded to call the roll. managers who have also been making Releasing oil from the Strategic Pe- Mr. REID. I ask unanimous consent obscene sums of money by speculating troleum Reserve in the past, under that the order for the quorum call be on futures and driving an unregulated both Democratic and Republican ad- rescinded. market up and up and up. ministrations has, in fact, lowered the The PRESIDING OFFICER. Without There are some people who estimate, price of gas and crude oil. For example, objection, it is so ordered. in fact, that half of the increase in oil when President Clinton ordered the re- Mr. REID. Mr. President, it is really costs is attributable to the cost of pro- lease of 30 million barrels from the difficult for me to comprehend the rea- duction but to the speculation that SPR in 2000, the price of gas fell by 14 soning of my friends on the other side takes place. cents a gallon in 2 weeks. of the aisle. All week we have done In my view, Congress must act to When President George H.W. Bush, nothing. One of the most important rein in greedy speculators by closing the first President Bush, released 13 bills that has been brought before this what has been referred to as the Enron million barrels of crude oil from the body this year, the Federal Aviation loophole and increasing oversight over SPR in 1991, crude oil prices dropped by Administration reauthorization, as we the energy futures industry. over $10 per barrel. speak there are thousands of airplanes The Enron loophole was created in Let me conclude by saying that the going all across the United States. The 2000 as part of the Commodity Futures issue we are dealing with today, in my equipment that allows those airplanes Modernization Act. At the behest of view, is not only the high price of gas to take off and land is antiquated and Enron lobbyists, a provision in this bill and oil. As serious as that is, and as way out of line for making air travel in

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.001 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7604 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 May 1, 2008 America as safe as it should be. This Of course not. Would it be a big victory Standing Rules of the Senate, hereby move legislation is very important and would for the Democrats to pass the Federal to bring to a close debate on H.R. 2881, the be good for America, good for pas- aviation reauthorization? No. It would FAA reauthorization. sengers. be something good for the American Harry Reid, John D. Rockefeller IV, Bar- bara Boxer, Kent Conrad, Patrick J. We have in this legislation the pas- people. I hope the American public sees Leahy, Robert P. Casey, Jr., Mark L. sengers bill of rights, money to replace this for what it is. We Democrats are in Pryor, Sherrod Brown, Patty Murray, antiquated equipment. But the Repub- the majority. It is a slim majority. It Ken Salazar, Max Baucus, Thomas R. licans have stopped us from legislating. is 51 to 49. The Republicans obviously Carper, Amy Klobuchar, Sheldon We have tried virtually everything. are upset over the fact that we are in Whitehouse, Blanche L. Lincoln, E. I wanted to have an orderly process, the majority. They want the record to Benjamin Nelson, Richard Durbin, which I think is not unreasonable. So show that this Congress accomplished Daniel K. Inouye. last night I said: We have filled the dif- nothing. Mr. REID. Mr. President, I ask unan- ferent trees to allow amendments, but In spite of the obstacles and their ob- imous consent that the cloture vote on if you want to offer one, come on. No. struction, we have still accomplished the substitute amendment No. 4627 I said: Well, give us a list of the quite a few things. We are proud of occur at 2:30 p.m., Tuesday, May 6; fur- amendments you want to offer. No. what we have accomplished, consid- ther, that the mandatory quorums for They said: Bunning has an amendment. ering all the hoops we had to go both motions be waived. Let us see it. That went on all day yes- through to get where we did. The PRESIDING OFFICER. Without terday. Finally, they told us today the I never give up hope. I hope there will objection, it is so ordered. subject matter of that particular be a new day in Washington starting Mr. REID. I suggest the absence of a amendment. When I learned about the next week. One way we can have a new quorum. subject matter, I said fine. It is some- day: We give all the blame to the Re- The PRESIDING OFFICER. The thing about coal being changed so they publicans in the Senate. They certainly clerk will call the roll. can use the fuel for flying airplanes. are the ones who are on the firing The assistant legislative clerk pro- No. lines. But do you know how much it ceeded to call the roll. Ms. CANTWELL. Mr. President, I ask I said: I will tell you what we will do. would mean if the man down at 1600 unanimous consent that the order for We will take down the tree. You can Pennsylvania Avenue would call the the quorum call be rescinded. offer anything you want. No. Republican leader and say our country The PRESIDING OFFICER (Mr. We heard what they didn’t like were needs this FAA reauthorization? We SANDERS). Without objection, it is so provisions that would allow rail service need it. The President could call down in this country to be updated and mod- ordered. here and break this logjam, as he could Ms. CANTWELL. Mr. President, are ernized. They didn’t want that. There have done on all the other legislation we in morning business? was some language in the bill that they have stopped. How in the world do The PRESIDING OFFICER. We are would do something to help make high- these people go to bed at night not not. way safety paramount. Don’t want worrying about the air traffic system that. Offer an amendment to take it falling apart, because it is going to. It f out. No. is in desperate shape. MORNING BUSINESS Finally, I came to the conclusion Out in this parking lot there are new Ms. CANTWELL. Mr. President, I ask that their objection was to a provision automobiles that have GPS systems in unanimous consent that the Senate contained in the President’s budget. I them. That is better equipment than proceed to a period of morning busi- couldn’t make up a story that is more the FAA has moving all the airplanes ness, with Senators permitted to speak ridiculous than the one I am relating, around the country. for up to 10 minutes each. which is the truth. There is a provision CLOTURE MOTIONS The PRESIDING OFFICER. Without in this bill that gives the State of New I send a cloture motion to the desk objection, it is so ordered. York the final amount of $20 billion to the substitute amendment No. 4627. f that was promised them after 9/11 by The PRESIDING OFFICER. The clo- President Bush. That amount of money ture motion having been presented REMEMBERING JOHNNY H. is in his budget for this year, which he under rule XXII, the Chair directs the KILLIAN gave us. I talked to the distinguished clerk to read the motion. Mr. BYRD. Mr. President, I am sad- Republican leader and said: Offer an The legislative clerk read as follows: dened to learn that Mr. Johnny H. Kil- amendment to take it out. This is in CLOTURE MOTION lian has passed away. Mr. Killian was a the President’s budget. We still oppose We, the undersigned Senators, in accord- highly regarded, highly admired, and it, is what I was told. ance with the provisions of rule XXII of the highly utilized specialist in American So it is obvious. The Republicans Standing Rules of the Senate, hereby move public law at the Congressional Re- don’t want to do anything to improve, to bring to a close debate on the substitute search Service. For more than four dec- to modernize the Federal Aviation Ad- amendment No. 4627 to H.R. 2881, the FAA ades, he advised Members of Congress ministration. I hope people who are reauthorization. and our staffs on constitutional issues. within the sound of my voice think Harry Reid, John D. Rockefeller IV, Bar- He had an encyclopedic knowledge of about that when they are flying across bara Boxer, Kent Conrad, Patrick J. constitutional principles that was Leahy, Robert P. Casey, Jr., Mark L. the country. Pryor, Sherrod Brown, Patty Murray, based on his astute mind, his many We are not going to be able to do it Ken Salazar, Max Baucus, Thomas R. years of unbiased research, and his this year, more than likely. There will Carper, Amy Klobuchar, Sheldon keen analytical skills. With his pro- be room made in the schedule by the Whitehouse, E. Benjamin Nelson, Rich- digious memory, he could provide guid- Republicans to take up $170-odd billion ard Durbin, Blanche L. Lincoln, Daniel ance and cite, in detail, case law per- for funding the war in Iraq from now K. Inouye. taining to nearly all of the key con- until a year from this June. With glad Mr. REID. I now send to the desk a stitutional issues that came before the hands, they will all come to the Senate cloture motion on the bill. Senate. My staff and I depended on him floor and spend more money in Iraq. I The PRESIDING OFFICER. The clo- for assistance and advice on a number guess they don’t want to pull the plug ture motion having been presented of issues, including the line-item veto, on spending $5,000 every second. Maybe under rule XXII, the Chair directs the the War Powers Act, eminent domain, they are trying to up the ante. I will clerk to read the motion. prayer in schools, federal funding for have more to say about this tomorrow, The legislative clerk read as follows: education, and privacy protections but it is really a disappointment. CLOTURE MOTION under the fourth amendment. This is not a victory for the Repub- We, the undersigned Senators, in accord- I always appreciated the level of licans to maintain the status quo, is it? ance with the provisions of rule XXII of the dedication and pride Mr. Killian took

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.001 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 7605 in his work. He was never too busy to work of the President’s Commission on the We saw this indifference on shameful dis- answer the phone or return a call. He Holocaust and helped bring to fruition the play at the Evian Conference, which also worked tirelessly to make certain that first of these National Days of Remembrance marks its 70th anniversary this year. At that lawmakers and their staffs stayed al- ceremonies, and ultimately the U.S. Holo- conference, powerful nations gathered in the caust Memorial Museum itself. heart of Europe to consider the plight of ways attuned to the original intent of We gather at this 29th Days of Remem- Jews in Nazi Germany. Yet they mustered the Framers. When presented with a brance ceremony in a year and season of only excuses for inaction, refusing to make question or a request, he responded grim anniversaries. It has been almost ex- the changes in refugee laws that could have quickly and with an amazing grasp of actly 75 years since the Nazis organized a rescued millions of Jews with a simple stamp specifics, and with thorough informa- massive nationwide boycott of Jewish busi- on a paper. Five years later, with the full tion, even when presented with an un- nesses that inflamed anti-Semitism through- horror of the Holocaust primed to unfold, na- out Germany. 70 years since Kristallnacht, tions again gathered in Bermuda. This time, usual inquiry late in the evening, on a the night of brutality that, as Fred Zeidman weekend, or even during a holiday or they produced a mere joint statement—along eloquently described, exposed to the world with a bureaucratic report that arrived long when he was ill at home. Nazi intentions toward the Jews. 65 years after the killing machines of Auschwitz and All of this professionalism was en- since the Warsaw uprising, as Joel Treblinka were operating at full force. hanced by the fact that Mr. Killian was Geiderman reminded us, the best known of Tragically, the international community such a pleasant person with whom to many episodes of heroic resistance. has repeated this indifference in the decades work. He was soft-spoken, courteous, Passover, which ended just a few days ago, since the Holocaust. In Rwanda and else- and a dedicated public servant. He was commemorates the liberation of Jews from where, the innocent have paid the price. slavery in Egypt thousands of years ago. So Our generation has an opportunity—and a a man of incredible patience and kind- 65, 70, even 75 years in our history is not so ness, with a warm sense of humor. moral obligation—to be different. When we long a time. But it is almost a lifetime. Had say, ‘‘Never again,’’ we must mean it. Not in Mr. Killian will be truly missed by Mordecai Anielewicz, the young commander our moment of history and responsibility. his Senate family, but his legacy as an of the Warsaw uprising, survived, he would We must call evil by its name, and confront academic, and a researcher, blessed be almost 90 today. it with purpose and courage. We in govern- with an extraordinary legal mind will With the passage of time, the Rescuers, the ment service especially must challenge those be with us for a long time. Senators Liberators, and the Survivors—like those who have become enamored with process whom we’re blessed to have with us today— that substitutes for action and who shrink will remember him for a lifelong, com- are naturally dwindling in numbers. Earlier mitment to the Constitution. from the hard choices. this year, we lost the beloved Congressman This commitment is being tested in Mr. President, I extend my most Tom Lantos (so well remembered just now heartfelt condolences to his family and Darfur. President Bush is the only world by Ambassador Meridor), whose experiences leader to call the killing there ‘‘genocide.’’ many friends. as a Survivor gave extra gravity to his pow- He has ordered sanctions on those respon- f erful calls to conscience. sible for violence. And he has pledged to pro- We are transitioning from living memory vide training and equipment to help African ROTUNDA COMMEMORATION to historical memory, and that places a troops deploy to Darfur. Yet America re- great burden of responsibility on the rest of Mr. STEVENS. Mr. President, today mains too lonely in this effort. In the past us. As the witnesses to the witnesses, we three years, the United Nations Human as this Congress commemorated our carry the moral obligation of memory. National Commemoration of the Days And what is that obligation? Surely it is Rights Council has passed more than six of Remembrance for 2008 in the Ro- more than fixing blame—for just as the gen- times as many resolutions against Israel as tunda of the Capitol of our Nation, eration of Survivors, Rescuers and Lib- it has against Sudan. And despite repeated urging, the UN peacekeeping force has yet to Joshua B. Bolten, the Chief of Staff of erators dwindles, so must the Perpetrators, Collaborators and Bystanders. But why must deploy. It is not too late to set this right. President Bush, delivered the keynote In answering Wiesel’s three calls—to deny address. we remember in such painful detail? In his introduction to the presidential the killers a posthumous victory . . . to ful- I note that Josh Bolten noted he will commission report that my father helped fill the last wishes of the victims . . . and to travel with President Bush later this shepherd, Elie Wiesel gave an eloquent an- affirm our own humanity—we uphold the month to Israel to commemorate the swer: First, Wiesel wrote, ‘‘we cannot grant moral obligation of memory. And in our re- 60th anniversary of the founding of the killers a posthumous victory. Not only sponsibility as witnesses to the witnesses, we Israel, which he pointed out occurred did they humiliate and assassinate their vic- are blessed to have remarkable assets. just 3 years after the Holocaust. tims, they wanted also to destroy their First, of course, are the Survivors them- selves, who comprehend evil with a clarity I ask unanimous consent that Mr. memory. They killed them twice, reducing them to ashes and then denying their deed.’’ that comes only from direct experience. As Bolten’s remarks be printed in the A Nazi guard once told Simon Wiesenthal they share their stories, they do more than RECORD. that, in time, no one would believe his ac- deepen our knowledge of history—they ad- There being no objection, the mate- count of what he saw. Many in this room vance the cause of justice. rial was ordered to be printed in the have devoted a lifetime to proving that pre- We are also blessed with the efforts of indi- RECORD, as follows: diction wrong. Yet there are still those who viduals like Father Patrick Debois. Going [Remarks by Joshua B. Bolten, May 1, 2008] challenge the facts surrounding the Holo- door to door, Father Debois has collected the caust, or even brazenly deny its reality. testimony of more than 700 witnesses and by- DAYS OF REMEMBRANCE Whatever form it takes—from cartoons in a standers to the Nazi terror in Ukraine. He (United States Capitol Rotunda) newspaper owned by the Syrian government, has identified the burial sites of countless I am deeply honored to be at this podium to statements by leaders of Hamas, to an victims shot execution-style in what has today, to speak about anniversaries and the international conference hosted by the Presi- been called the ‘‘holocaust of bullets.’’ moral obligation of memory. dent of Iran—we must stand against every Thanks to this good priest’s work, names Many who have stood here before me have attempt at denial. We have an obligation to and stories are replacing the cold anonymity spoken from their own memory, telling their condemn these lies for what they are—and of mass graves. And witnesses who have held most personal of stories—the years of suf- remind people of the truth. these memories in their hearts for 60 years fering, the loss of loved ones, survival and Wiesel’s second explanation for the moral are finding healing. Father Debois, we are the anguish of haunting memories. I have no obligation of memory is that ‘‘we cannot honored by your presence today. such stories to tell. My Jewish grandparents deny the victims the fulfillment of their last For generations to come, a lasting source left Europe before the Holocaust, bestowing wish . . . to bear witness.’’ This wish is cap- of learning and memory will be the muse- on my parents the gift of being born in this tured in Emanuel Ringelblum’s ‘‘Oneg Shab- ums. In the past year, I have had the privi- land of freedom. bat’’ project, which Sara Bloomfield just de- lege to visit three with the President—Yad But I do stand here as the proud son of a scribed. When we read the victims’ stories in Vashem in Israel, the Kigali Genocide Memo- brave young American soldier, decorated for those long-buried milk cans, we relive their rial Center in Rwanda, and the U.S. Holo- the valor that led to his capture by Nazi suffering. We honor their defiance. And we caust Memorial Museum here in Washington. forces. Imprisoned in a German POW camp fulfill their request never to be forgotten. These museums commemorate loss in dis- for two years, he refused to hide the dog tag Third, and most important, Wiesel wrote, tinct ways. Yet they all recognize that geno- that bore the letter H (for Hebrew). Twenty- ‘‘we must remember . . . for the sake of our cide is possible only by the denial of individ- five years later, working at the White House own humanity,’’ because ‘‘indifference to the uality. And they recognize that the best way near the end of a distinguished career of na- victims would result, inevitably, in indiffer- to restore humanity is to retell the victims’ tional service, my father shepherded the ence to ourselves.’’ stories, one by one.

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.001 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7606 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 May 1, 2008 At Yad Vashem, exhibits commemorate Defense that Portsmouth truly is the villages; acquiring a geologic site in Isle not only the victims lost—but also the lives gold standard of the Navy. During his LaMotte; encouraging large-scale retailers lived. They show loving homes and cherished work on BRAC, Frank was affection- such as Wal-Mart to consider building small- possessions—reminders of the richness of hu- ately given the nickname of ‘‘The Gen- er-scale stores in Vermont’s downtowns; un- manity stolen away. derwriting publications that speak to the At the Kigali Center, a communal grave eral.’’ Vermont way of life; aiding community-sup- holds nearly a quarter million victims, and Walking through the Capitol with ported agriculture or a group in Hardwick that number continues to grow as Rwandan Frank you understand his love and re- that, says Bruhn, with contagious enthu- authorities gather remains from the 1994 spect for history. Whether it’s showing siasm, ‘‘figured out that if you’re going to genocide. God only knows—literally, only someone Lincoln’s catafalque for the have a good community and downtown revi- God knows—the identities of those who rest first time or telling stories of the Dis- talization project, you need a great small on the site. Yet inside the museum, exhibits trict during the Civil War, Frank restaurant and pub that serves the entire community.’’ display vivid Polaroid photographs of indi- seems to have a bit of trivia for every vidual victims, most of them children. Be- Bruhn’s passion for his work makes perfect neath the photos are descriptions of simple corner of this building. In the words of sense, especially when it comes to down- things like a favorite sport or food—personal another man whom the states of New towns. He grew up in Burlington, where his details that capture the uniqueness of each Hampshire and Massachusetts lay family owned Bruhn Office Equipment on unfinished life. claim, Daniel Webster, ‘‘The dignity of Church Street—in the same building where At the U.S. Holocaust Museum, each vis- history consists in reciting events with Bruhn’s office is today. ‘‘I used to hang out itor receives the identity card of a victim— this same window when I was a little kid truth and accuracy, and in presenting watching parades,’’ he says. the tragedy of the Holocaust on a personal human agents and their actions in an scale. Already, 27 million visitors there have After graduating from Burlington High interesting and instructive form. The School in 1965, Bruhn studied at Fairleigh pursued their obligation of memory. Now Dickinson and the University of Vermont. ‘‘I and always, the witnesses will far outnumber first element in history, therefore, is left without graduating, and just before they the victims. truthfulness; and this truthfulness were probably going to throw me out,’’ he This year marks the 15th anniversary of must be displayed in a concrete form.’’ says with a grin. the Holocaust Museum. Later this month, I I will certainly miss Frank’s advice, At the time, he was working for the Subur- will travel with President Bush to com- straightforwardness, and willingness to ban List community newspaper and its memorate another proud anniversary—the go the extra mile to help me serve the founders, Proctor and Ruth Page. ‘‘I started 60th anniversary of the founding of Israel. people of New Hampshire. out selling advertising at $25 a week,’’ he The birth of Israel just three years after the I hope that Frank Barca will enjoy says, chuckling. ‘‘I was a reporter and took Holocaust reminds us that the last word care of the paper when they were on vaca- need not be death and destruction. When Air his retirement. It is an achievement that he certainly has earned. I know tion. They really gave me my start in life.’’ Force One touches down at Ben-Gurion air- That start included backing him when he port, we will see the American and Israeli that Frank will get pleasure from launched Chittenden Magazine, a monthly flags waving side-by-side. And we will hear being able to spend more time with his publication he poured his life into from 1969 two national anthems: the Star Spangled wife Elaine, his daughters, and his four to ’73, including mortgaging his house for Banner, and ‘‘Hatikvah’’ . . . ‘‘The Hope.’’ grandchildren Katie, Meredith, Mi- living expenses. ‘‘Proc and Ruth backed it Hope is at the center of Israel’s existence. chael, and Sarah. for four years, and it was arguably an artis- It is at the center of the Jewish faith. And it tic success and not a real financial success.’’ is at the center of our task during these f He laughs heartily. ‘‘That was my real ‘col- Days of Remembrance. The Holocaust shows lege’ education.’’ that evil is real—but hope, goodness, and TRIBUTE TO PAUL BRUHN When the magazine folded, Bruhn found courage are eternal. When we carry this Mr. LEAHY. Mr. President, one of work with his friend Patrick Leahy, the truth in our hearts, we uphold the moral ob- the people who has done the most to state’s attorney for Chittenden County, as a ligation of memory. And we summon the protect so much in Vermont is Paul consumer fraud investigator. A year later, he strength to meet our solemn pledge: Never Bruhn. We Vermonters know that Paul, was tapped to run Leahy’s campaign for the again. Not in our moment of history and re- U.S. Senate. sponsibility. as the executive director of the Preser- ‘‘That, obviously, was an amazing experi- vation Trust, has done an enormous ence. I went down to Washington and served f service by leading conservation efforts as his chief of staff for four years. I was 27, IN RECOGNITION OF FRANKLIN D. to save the very best of our State. and fortunately lots of people took me under BARCA I ask unanimous consent that the their wing and helped me through the intri- full article by Virginia Lindauer Sim- cacies of the operation of the Senate.’’ Mr. GREGG. Mr. President, I rise Bruhn planned on staying two years, but today to express my thanks to Frank- mon, from the April edition of Business lasted four, during which his interest in his- lin D. Barca, a loyal member of my People Vermont, be printed in the toric preservation grew. RECORD. Returning to Vermont in 1978, he went into staff who has chosen to retire after consulting, first helping to organize the res- being a public servant to our country There being no objection, the mate- rial was ordered to be printed in the toration of the Round Church in Richmond. for more than four decades. A graduate In Washington, he had worked with Leahy on RECORD, as follows: of Braintree High School in Braintree, obtaining federal funding for the develop- MA, and Northeastern University, [From Business People Vermont, Apr. 2008] ment of the Church Street Marketplace. Frank served a full career as a civilian PAST PERFECT: GUIDING THE CONSERVATION Back home, he helped put together the cam- within the Department of Defense at OF ONE OF THE COUNTRY’S 11 MOST ENDAN- paign for the required local 10 percent locations such as the U.S. Army Natick GERED PLACES match. (By Virginia Lindauer Simmon) When a group he had encountered during Soldier Systems Center, the Ports- the Round Church project—the Vermont mouth Naval Shipyard and the Pen- Paul Bruhn hasn’t strayed far from his Council of the Society for the Preservation tagon. To my good fortune, Frank was roots. What he has done is continue to tweak of New England Antiquities—decided to start assigned to my office as a detailee in them, to the benefit of us all. a statewide preservation organization, Bruhn Bruhn is executive director of the Preser- was hired to run it, ‘‘because I was available 1997 and later agreed to join my staff as vation Trust of Vermont, which he helped to my military legislative assistant, a po- and inexpensive,’’ he says with typical hu- found in 1980. The list of properties the orga- mility. sition he has dutifully held ever since. nization has helped since then—more than The Vermont Division for Historic Preser- Serving as my adviser on national se- 1,500—reads like a compendium of places vation had provided a good infrastructure for curity issues, Frank’s greatest legacy that make Vermont . . . well, Vermont. preservation work in the state, having will be his work as the clerk of the cau- The organization’s story is much broader worked since the early 1970s on the state sur- cus created to save the Portsmouth than preserving historic structures. The vey of historic places. More than 30,000 build- Naval Shipyard during the 2005 round work involves, for example, a partnership ings and numerous historic districts are on with Mad River Glen to reconstruct and re- of base realignment and closure. His the state register in Vermont, and 10,000 of habilitate the single lift chair, an icon of those are also on the national register. tireless work ethic, attention to detail, skiing in Vermont; helping people in Grant-making has been a piece of the orga- and leadership were instrumental in Starksboro establish a village store—so cru- nization’s work since the early days, start- our efforts to show the Department of cial to community life in small towns and ing with small seed grants of $250 to $500.

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.001 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 7607 Funding comes from various sources. In the summer. During the week, it’s used for re- In our State, we have been fortunate late 1980s, the organization started the Fund treats and training.’’ to have people, of both political par- for Vermont’s Third Century to encourage A big turning point was in 1993, when ties, who have given a great deal of people to celebrate the bicentennial in ways Vermont was named an endangered state by themselves to serve the people of that would last. It ran for four years leading the National Trust. This brought the issue of up to and through Vermont’s bicentennial in sprawl to the fore. ‘‘We became a much more Vermont, and Con is an excellent ex- 1991. visible organization,’’ he says, and work very ample of that. In 1994, a special partnership was developed closely with citizen groups and partners like Recently, the newspaper the Times with the Freeman Foundation. ‘‘It would be the Vermont Natural Resources Council and Argus published an excellent profile of impossible to overstate how important it’s Smart Growth Vermont on the issue of him. I called Con and Jeanette to say been,’’ Bruhn says. ‘‘We’re the nudge, the sprawl and the negative impact that big-box how much I enjoyed it. I would like to supporter, the enabler—and are lucky to retailing can have on our downtowns and vil- share the piece with my fellow Sen- have partnerships like this.’’ Funding from lage centers and how they change down- ators, and ask unanimous consent that the Freeman Foundation has provided grants towns. In 2004, the National Trust again to more than 300 projects and played a key named Vermont one of the 11 most endan- it be printed in the RECORD. role in over $115 million worth of rehabilita- gered places in the nation. There being no objection, the mate- tion work, he says. Bruhn was the only staff person early on, rial was ordered to be printed in the Bruhn’s lively, creative mind, good sense and even today, the staff is small, with the RECORD, as follows: of humor, and ability to inspire affinity have equivalent of four full-time employees. A LIFE WELL SERVED; PLAINFIELD’S CON served him well in his chosen career. James The other full-timers are Elise Seraus, the HOGAN REMININSCES ABOUT TIME IN GOV- Maxwell, a Brattleboro attorney and a mem- office manager/administrative assistant, and ERNMENT, BUSINESS ber of the board of the Brattleboro Arts Ini- Ann Cousins, who splits her hours between (By Susan Allen) tiative, has seen this first-hand. He was field services and fund raising. Bill Polk, the PLAINFIELD.—Every Thursday a 4 p.m., the president of the board in 2000–2001, when the financial officer, works one day a week. Eric late Gov. Richard Snelling would invite some BAI became involved in buying the Latchis Gilbertson, who was deputy director of the of his cabinet members to his office and put hotel and theater complex. Vermont Division for Historic Preservation a bottle of Wild Turkey bourbon and glasses ‘‘Paul is a man of wide comprehension as and recently retired after almost 30 years, on his desk. to the needs of downtowns in Vermont, and works half time in field services. Meg Camp- ‘‘You could talk about anything you want- I would venture to say in the country as a bell, also half time, manages the facade ease- ed,’’ recalled Con Hogan last week, seated at whole,’’ says Maxwell. ‘‘Not only is his ment program, does field services in the kitchen table in his Plainfield home, knowledge comprehensive, but he is a feeling Bennington County, manages the Web site, with an expansive view that includes the ski human being, someone who resonates with and produces the electronic newsletter. slopes of Sugarbush and Mad River Glen. groups that he works with and is of incred- Because he’s been with the organization That was a new one for me. I thought I’d ible assistance, not only in the nuts and for so many years, Bruhn says, ‘‘there are heard most of the behind-the-scenes stories bolts of how you go putting together a deal, people who say, ‘Well, the Preservation from past—and present—administrations. but also how you move things along. Trust, it’s just Paul Bruhn.’ It’s not even I’ve been in the Vermont press that long, and ‘‘He is a congregator. Without getting up close to that.’’ collect interesting and odd-ball recollections on the pulpit and giving a sermon, he is able ‘‘I’ve always had a very strong, very in- like some people collect stamps. I’m fas- to congregate people in a situation.’’ volved board of directors who provide a lot of cinated by the people who devote their lives This talent and Bruhn’s understanding of the direction for the organization.’’ The di- to serving the state. the benefit of being willing to change with rectors, he says, genuinely like each other, But Hogan’s reminiscences during our con- the times have helped keep the organization are very proud of the organization, ‘‘but that versation proved how many good stories I’ve strong. doesn’t stop them from having good dis- missed. He inspired change 10 years ago, when the agreements and good debate.’’ Hogan is retired from his extensive tenure organization entered a nationwide competi- The secret to keeping a board active and in state government and we started talking tion sponsored by the National Trust for His- involved, he says, is to have two-day board about how busy he is during his so-called re- toric Preservation and the Mellon Founda- meetings four times a year. ‘‘In February, in tirement (more on that later), but quickly tion, seeking ideas on how to improve the de- the middle of a snowstorm, we went on a began trading accounts of political personal- livery of services and the effectiveness of the two-day tour around the northern part of the ities. Most of his tales were gathered during historic preservation movement nationally. state.’’ He counts off eight towns (and mul- his professional journey from serving as a Vermont was one of two states whose sub- tiple projects within them). ‘‘We talked all guard in a prison in Annandale, N.J., to missions were chosen, says Bruhn. ‘‘We were the while on the bus, a great discussion heading Vermont’s massive Human Services selected for developing a program for pro- about what’s happening in Vermont, how the Agency under Snelling and former Gov. How- viding field services, so instead of providing community’s doing, and this work—the sup- ard Dean. support to local organizations via telephone port we try to give to local organizations. That journey included two significant side calls and some visiting in the field, we would On the importance of the organization’s trips: An 11-year stint in the private sector hire two part-time people who would spend downtown work, Bruhn is adamant. ‘‘I love helping International Coins and Currency the vast majority of their time in the field downtown Burlington. I grew up here, helped slog its way out of bankruptcy in the 1980s, working with local organizations helping secure funding for the Marketplace when I and an ‘‘ill-thought,’’ unsuccessful run for them move their projects along.’’ was working for Sen. Leahy; but downtown governor as an independent against incum- The Preservation Trust of Vermont re- Burlington has become one that focuses on bent Jim Douglas and Democrat Douglas ceived a significant grant ‘‘It was $170,000, entertainment, high-end retail and tourism. Racine in 2002. and that was 10 years ago,’’ says Bruhn— We get that there are a lot of people in ‘‘That was a period of temporary insan- which provided full funding the first year, 70 Vermont who need to be able to shop at a ity,’’ he said of the gubernatorial race, which percent the second year, and 30 percent the place like Wal-Mart, but wouldn’t it be ter- almost certainly burned some bridges with final year. rific if Wal-Mart would be interested and the GOP hierarchy. ‘‘I don’t regret it, but I The program so impressed the National willing to build a smaller-scale store in don’t consider it a high point.’’ Trust, it recently dedicated a $5 million downtown Burlington? It would insure that Hogan received a degree in psychology grant it received to helping other statewide downtown Burlington would serve the entire from Rutgers, married wife Jeanette in 1965, organizations establish their own field serv- community.’’ and took a job as a prison guard in Annan- ice programs. Bruhn pauses and takes a breath. ‘‘We’re dale, rising quickly through the ranks to Another big change came, says Bruhn, not in favor of pickling Vermont,’’ he says. eventually serve as a division head with the when Robert Hoehl, the co-founder of IDX, ‘‘On the other hand, we’ve got to find ways New Jersey Department of Corrections, fo- and his wife, Cindy, purchased the former to grow that reinforce what’s important cusing on the budget. Camp Marycrest from the Sisters of Mercy, about our place. It’s essential that we are ‘‘I loved it,’’ he recalled of those 7 years. then donated it to the Preservation Trust in good stewards of our place.’’ ‘‘The people who work in that line are under 1997. ‘‘We had not owned property prior to f such professional pressure that you become that—hadn’t dreamed of owning property— fast friends, the closest friends.’’ but this was an amazing opportunity.’’ TRIBUTE TO CON HOGAN Hogan and his wife regularly visited a good The organization gratefully accepted and friend in Vermont who lived on an apple formed a partnership with caterer and Mr. LEAHY. Mr. President, Marcelle farm in Bennington, and in 1972 at age 28, he former restaurateur and innkeeper Beverly and I have a good friend in Vermont applied for the job of corrections commis- Watson, who leases the property. ‘‘We use it named Cornelius Hogan, although ev- sioner in this State. He chuckles at his own largely for weddings on weekends during the eryone knows him as Con Hogan. audacity, and the outcome.

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.001 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7608 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 May 1, 2008 Then-Secretary of Administration Richard Snelling died in office on Aug. 13, 1991. There being no objection, the mate- Mallary (who went on to serve in the U.S. During his brief second tenure as governor, rial was ordered to be printed in the House for Vermont) wrote Hogan a two-page, he worked with Democratic House Speaker RECORD, as follows: handwritten letter thanking him for his in- Ralph Wright to craft a plan to retire an [From the Rutland Herald, Mar. 30, 2008] terest, letting him know the job was already enormous state deficit, another point of filled, but urging him to contact the new pride for Hogan. ONWARD AND UPWARD: DAUGHTER OF LEG- commissioner to talk about becoming his The day after Snelling’s death, new Gov. ENDS, REEVE LINDBERGH LOOKS ‘‘FORWARD deputy. Howard Dean called Hogan into his office for FROM HERE’’ Hogan is amazed at the thought of Mallary a briefing on the Human Services Agency. (By Kevin O’Connor) writing such a long, personal note. But back ‘‘I was in no shape to go,’’ Hogan recalled. Vermonter Reeve Lindbergh wrote her first in 1972, he did apply for deputy commissioner Not only was he mourning Snelling’s pass- memoir about growing up with her father, post and got the job. ing, he didn’t know Dean or what to expect aviator Charles Lindbergh, and her second Those were tumultuous years in correc- from the former lieutenant governor. memoir about the final months of her moth- tions, he said. Then-Gov. Thomas Salmon, Hogan arrived with a list of 50 issues to er, author Anne Morrow Lindbergh. Recently trying to control a huge state deficit, issued discuss, and spent an hour running through turning 60, she began a third memoir—this a 10 percent cut in all budgets, to be exe- them all. ‘‘Dean didn’t say a word, he just one about aging. She aimed to leap fearlessly cuted in 60 days—a staggering assignment, listened. He was either getting it . . . or not into the future right from its title: ‘‘Forward Hogan knew. getting it and he did,’’ Hogan recalled. From Here: Leaving Middle Age—and Other And the Windsor prison, which had opened The two worked well together for 8 years Unexpected Adventures.’’ in 1808 during the U.S. presidential adminis- until Hogan left the administration in No- That’s when she found herself pulled every tration of Thomas Jefferson, was closed in vember 1999. ‘‘There’s a half-life to that kind which way by the past. the early 1970s, leaving the State without a of job,’’ he said of Human Services secretary. First she thought about all the unlisted maximum security prison for a number of After making progress on many social issues, phone numbers still ringing in her memory— years. ‘‘I had begun to see some of the same prob- one of many safeguards instituted by her With Snelling’s first election in 1976, lems again.’’ parents after the 1932 kidnapping of her late Hogan moved into the post of commissioner Then came the ill-fated gubernatorial run. brother, Charles Jr. ‘‘When you are taught to memorize your of Social and Rehabilitative Services, again Followed by retirement—or Hogan’s home phone number and never to reveal it during a difficult time. The Weeks School for version of retirement: He travels the world except to close relatives and maybe the fam- juvenile offenders closed, forcing the State working with countries that include Aus- tralia, Israel, Chile, Norway, Northern Ire- ily doctor, you don’t forget that number.’’ to redistribute the 400 youth to smaller Then she thought about the day in 2001 group facilities around the State. land, Scotland, and in May, Holland, to im- prove their government structure and pro- when, after the death of her mother, she Hogan recalled that all but 15 were placed drove from her Northeast Kingdom home to at one point. Those 15, he said, were sent to grams for children. He has also become involved in informal a storage building in Stamford, Conn. There stay with a Vermont couple who—without she opened box after box to find her parents’ the State’s knowledge—packed them all into lobbying efforts for universal health care (the number of uninsured Vermonters has 1929 wedding gifts in their original wrap- a Winnebago and headed off to see the coun- pings. Pausing for lunch at a nearby diner, try. climbed from 42,000 in 2001 to 69,000 today, he noted; he predicts the increase will continue she glanced at a television to discover, 30 ‘‘The dad called me from New Orleans,’’ miles south, the smoldering remains of New Hogan said. ‘‘I said, ‘What are you doing in without serious action). He considers high health care costs a ‘‘serious economic York City’s World Trade Center. New Orleans?’ ’’ It was Sept. 11. Four of the young Vermonters had run off, threat’’ to the State. He serves on the board of Vermont College Finally she thought about what her pub- and the state scrambled to fix the mess. For- in Montpelier, which is seeking certification lisher bills as her book’s ‘‘shocking sur- tunately the story ended well for everyone and funding. Hogan also continues to play prise.’’ Lindbergh long described herself as and never (until now) became public, Hogan the banjo with his band, Cold Country Blue- the youngest of five children. Then in 2003 said with a grin. grass (Jeanette plays the string bass). she learned her late father—the first person After his 11-year foray with ICC in the And he helps Jeannette around the family to fly solo and nonstop from New York to 1980s, Hogan once again received a call from horse farm, which she started but is now run Paris—later crisscrossed the Atlantic out of Snelling, who was considering a run for gov- by their daughter, Ruth. a too-literal interest in foreign affairs. ernor and wanted Hogan to head his transi- That’s Con Hogan’s idea of retirement. ‘‘In one essay that is sure to attract much tion team if elected. Snelling was elected His son lives next door with Hogan’s two attention, the author writes about her reac- and appointed Hogan his secretary of Human grandchildren, and Ruth lives around the tion to learning that her father had three Services in 1991. corner. And in the end, that is his life’s am- families in Europe, a fact that remained a se- ‘‘During the transition, I was working from bition achieved. cret for 50 years,’’ publicity promises. ‘‘This 6 a.m. to midnight, staying in the office— ‘‘Having my family close enough to enjoy is the first time any member of the Lind- sometimes I slept over,’’ he said. During a their successes, and watch the kids grow bergh family has discussed in detail their re- meeting one day, Hogan was called out be- up,’’ he said. ‘‘Nothing comes close. This to action to the controversial and surprising cause Jeanette was outside with fresh me is what it’s all about.’’ revelation.’’ clothes for her husband. ‘‘I need to explain to Lindbergh, angry at her father upon learn- my wife why I’m spending more time with f ing the news, now can laugh at such hype. you than her,’’ Hogan told Snelling, who TRIBUTE TO REEVE LINDBERGH New book in hand, she not only has made didn’t like meetings interrupted. peace with all her discordant memories but ‘‘He lit up. ‘Let’s go meet your wife,’ ’’ Mr. President, Marcelle and I have also arranged them into a mosaic of ‘‘sly, Hogan recalled. Jeanette had just been to many wonderful friends in Vermont. gentle humor’’ and ‘‘quiet resolve’’ (says the dentist and had a front tooth removed, Some were born in Vermont, and oth- Publishers Weekly) that’s reassuringly flashing a smile that showed a gaping hole. ers have come to enjoy our very special human. Hogan said Snelling never missed a beat and State. In the latter capacity is our The modest yet gregarious 5-foot-3 daugh- made a ‘‘big show’’ of graciousness to his friend Reeve Lindbergh, who lives with ter of the 6-foot-3 flyer is drawing the atten- wife. tion of Vanity Fair and the New York Times. her husband, Nat Tripp, in Vermont. But the 40-year Vermonter would be just as Hogan recalled Snelling’s impatience with Like her parents, Reeve is a terrific long presentations. So, as Human Services happy sticking out mud season at home with Secretary, Hogan created a game where he author, and a conversation with Reeve her husband, her monthly End-of-the-Road took a deck of cards, and on each wrote a is a conversation worth having. You al- Writers Group (named less for its partici- one-line synopsis of a proposed program, the ways learn something from it, but, pants than its location) and her menagerie of cost, and the supporters and opponents. more importantly, you always leave dogs, chickens and sheep. Fifty-two suggestions. with a greater sense of what is essen- ‘‘I’m not so interested in being confes- Snelling loved it; he’d flip through the tial in life. I am extremely proud of sional, but in what certain experiences are like,’’ she says in an interview. ‘‘When cards quickly and make two piles: Yes and her. No. And Hogan knew how to proceed. you’re pretty honest and not too fancy, it Kevin O’Connor recently wrote a pro- seems to help people.’’ ‘‘He was at the top of his game,’’ said file of Reeve, which I would like to Hogan of Snelling during that second trip to HIPPIE FLATLANDER the governor’s office. His recollections of his share with my fellow senators. This Lindbergh has long had a thirst for life. former boss are nostalgic and reflect his re- profile does a good deal to capture her Tiny and anemic at birth, she required a pint spect and deep admiration for the late gov- essence, and I ask unanimous consent transfusion of her father’s blood. She still re- ernor. that it be printed in the RECORD. members her thoughts upon receiving the

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.001 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 7609 newly invented polio vaccine as a 1950s after falling off a horse to the ing one half brother halfway around the schoolchild: ‘‘I’d hope that death would be antidepressants prescribed during the year world, she shook her head just like he did, wiped out by the time I grew up.’’ her mother was dying. all the while silently sharing the same Alas, mortality remains uncured. So what ‘‘I realize there are people who are embar- thought: ‘‘This is absolutely normal and does aging mean to a 60-year-old woman, rassed about the medications they take,’’ she completely insane, too.’’ wife and mother? Lindbergh put her left says in an interview, ‘‘but it was in no way Lindbergh devotes her book’s last chapter hand to yellow-lined paper to pen a series of difficult for me to write about that.’’ to her conflicting emotions about her fa- essays. Reflecting on the present, she found Neither does she shy away from the topic ther’s secret. (Kirkus Reviews hails it as ‘‘a herself rewinding to the past. of death—not that she has made peace with moving account.’’) She didn’t plan to write Growing up in a Connecticut suburb where it. Take the three fuzzy chicks on her prop- about it so publicly. Then she found reason. ‘‘tea hour’’ led to ‘‘sherry hour,’’ Lindbergh erty that wandered from their mother and ‘‘I’ve noticed how many things there are nevertheless found her family didn’t drink perished. that people are afraid to talk about,’’ she up fame. Her father—a Midwest farm boy ‘‘Even after 30–odd years of country living, says in an interview. ‘‘If you leave some- who focused on the moment rather than on with all the dead chicks, dead lambs, dead thing in the realm of scandal and sensation, memories—never talked about his historic dogs and dead horses, the hamsters, the rab- it becomes very unreal. I just wanted to 1927 flight. Her mother therefore had to offer bits, the lizards and the turtles (not to men- write about it and then let it be. I’ve found, reassurance when they watched Jimmy tion, dear God, the people!), I still get upset in spite of all the craziness, that my new rel- atives are just great.’’ Stewart re-create his grueling 331⁄2-hour about it.’’ crossing on the movie screen at Radio City Lindbergh writes about the burial of her LUCKY . . .’ Music Hall. father, who died of cancer in 1974 at age 72, Life, she has discovered, eventually puts ‘‘Does he make it?’’ his little daughter and the cremation of her mother, who died in everything in perspective. asked. 2001 at age 94. The resulting ashes led to a Lindbergh wrote one chapter about clutter Her father didn’t fly to escape the earth, question: ‘‘Where do you put them?’’ in her mind. Ten days later, she was diag- she knows today. As a conservationist, he Family members scattered them in favor- nosed with a brain tumor. It led to surgery— just wanted a bird’s-eye view. With a similar ite places around the world—but only after and something equally unexpected. love of the land, she moved to the Green their matriarch, a gardener, first considered ‘‘I soon discovered that the effect the two Mountains upon graduating from Radcliffe a flower bed. words ‘brain tumor’ have on people is re- ‘‘She said it would be so good for the lilies College in 1968, taking a teaching job in the markable: ‘I’m sorry, I can’t help you/be of the valley,’’ Reeve Lindbergh reports mat- southern Vermont town of Readsboro before there/send a contribution just now. I have a ter-of-factly. retreating north in 1971 to the countryside brain tumor.’ Stunned silence, then instant outside St. Johnsbury. A PRIVATE MATTER retreat. With these results it’s hard to resist ‘‘The optimists among us thought they Lindbergh has spent much of this new cen- taking advantage of the circumstances.’’ were harbingers of a quieter, cleaner, saner tury wrestling with the old one. Even so, Lindbergh gladly agreed to serve way of life on the planet, returning to past In 2004, she traveled to the Florida island as grand marshal of the annual Lyndonville customs in order to create a better future,’’ of Captiva where her mother wrote the 1955 (village population 1,236) Stars and Stripes she writes. ‘‘Some native Vermonters, espe- book ‘‘Gift from the Sea.’’ In that collection Festival parade. She isn’t the first in her family to face a cially older ones who had spent their early of essays, Anne Morrow Lindbergh found medical crisis. Her older sister, Thetford years on farms without electricity or indoor meaning in shells—from the channeled writer Anne Spencer Lindbergh, died of can- plumbing and had been chopping, stacking whelk that represents ‘‘the ideal of a sim- plified life’’ to the moon shell that reminded cer 15 years ago at age 53. and burning firewood all their lives, smiled ‘‘I worry less and less, not more and more, good-naturedly and shook their heads.’’ her of solitude. A half-century later, Reeve Lindbergh dis- about getting old myself,’’ Reeve Lindbergh Others just labeled her and her like ‘‘hippie says. ‘‘I don’t mind if I do. I wish she could, flatlanders.’’ Reeve wed a man named Rich- covered many of the same shells—as well as discarded plastic cups, drinking straws and too.’’ ard, then befriended fellow transplants Nat Lindbergh faces a busy spring. She’ll serve cigarette butts. She tucked away the treas- and Patty. Soon came children, midlife, di- as narrator next weekend for the Bella Voce ures and threw away the trash. But she can’t vorce and a new couple: Reeve and Nat Women’s Chorus of Vermont premiere of pitch other remnants of her past so easily. (Tripp, himself an accomplished author). Braintree composer Gwyneth Walker’s new Today the last of the offspring have flown The kidnapping and death of her parents’ first child, 20-month-old Charles Jr., topped work ‘‘Lessons from the Sea,’’ inspired by the coop, leaving Lindbergh with a teeming Anne Morrow Lindbergh’s ‘‘Gift from the henhouse, sheep barn and sofa for two dogs. world news in 1932. Decades later, people still write to say they’re her long-lost brother. Sea.’’ ‘‘Why not?’’ she says of the canine couch. She’ll then appear at more than a dozen That’s why she was skeptical when, five ‘‘Nobody else was using it.’’ New England bookstores as the national years ago, the European press claimed her Entering the life stage her mother called media rolls out profiles and reviews. She father had affairs with three German women ‘‘the youth of old age,’’ she also faces count- finds such travel can be exhilarating and ex- less questions. who gave birth to five boys and two girls. The headlines proved explosive: ‘‘Lind- hausting—As a result, she’ll no longer attend SIXTIES GENERATION bergh fathered children by three mistresses.’’ so many far-flung celebrations of her father The first: Can a couple of ‘‘hippie home- Adding fuel, the stories reminded readers and instead stay closer to home to read the steaders’’ who harvest 600 bales of hay a year that some people had labeled the American unpublished writings of her mother. ‘‘With a family like mine, you have to be get a hot tub? hero as a Nazi sympathizer when he opposed careful not to let history take over too much Her brain said no. But her achy right the United States’ entry into World War II. shoulder and her husband’s bad knee Reeve Lindbergh replied with a public of your life,’’ she says. ‘‘I think I could let screamed yes. statement still pinned to her bulletin board: other people represent my parents at cere- What about her view of wrinkles? ‘‘The Lindbergh family is treating this situa- monies. My mother’s work has always struck ‘‘When I say I don’t mind looking at my tion as a private matter, and has taken steps a spark, especially with women. I would love face in the mirror anymore, part of the rea- to open personal channels of communication, to see some of that unpublished material out son may be that I can’t see it,’’ she writes. with sensitivity to all concerned.’’ (Today in the world.’’ Leaving middle age, Lindbergh hears the ‘‘Maybe I care less now than I did then about she translates that to mean: ‘‘We don’t know clock ticking. She remembers two framed how I look to other people, or maybe I know any more than you do, but we’re trying to needlepoint phrases in her grandmother Mor- from long experience that most people ig- figure this out while causing as little pain as row’s home. One said, ‘‘It is later than you nore our imperfections because they are con- possible.’’) think!’’ The other said: ‘‘There is still time.’’ centrating upon theirs.’’ DNA tests proved the reports to be true. In ‘‘I don’t know what further changes I will And drugs? her book, Lindbergh recalls her initial feel- enjoy or endure as I age, but I do know the ‘‘As I and the other members of this much- ings of anger and bitterness. answer to the question I asked myself at 30, publicized ‘Sixties Generation’ go through ‘‘How do I fold this story into my memo- and 40, and 50: ‘How did I get to be this old?’ our own sixties—and seventies and eighties ries of my father?’’ she writes. ‘‘I certainly I was lucky.’’ and (we secretly hope) beyond—the least we could have done without his endless lectures can do for ourselves is live up to our own on the Population Explosion, with all those f mythology and take lots of drugs.’’ graphs and charts on ‘exponential growth ADDITIONAL STATEMENTS (‘‘Legal drugs,’’ she clarifies.) curves’ (that’s a direct quote). How could he Lindbergh, seeking to comment on both have done this with a straight face, let alone the salvation and side effects brought by a clear conscience? A man who fathered 13— TRIBUTE TO BILL KENNEDY modern-day pharmaceuticals, devotes a full I think, I still have to stop and count us!’’ chapter to listing everything in her medicine Calmer now, she has visited her European ∑ Mr. COCHRAN. Mr. President, I am cabinet, from the anticonvulsants required siblings and hosted them in Vermont. Meet- pleased to commend Bill Kennedy of

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.001 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7610 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 May 1, 2008 Inverness, MS, for his distinguished Bryan established a team and a proc- humously inducted into the Nebraska service and exemplary contributions to ess which ensured FEMA public assist- Journalism Hall of Fame this past the Mississippi Delta as president of ance dollars were accounted for and year. the Delta Council. complied with Federal regulations. The In addition, the building housing the Delta Council, an economic develop- system expedited reimbursements to Omaha Star was listed on the National ment organization in the Mississippi State and local governments and re- Register of Historic Places in January. Delta, represents the business, profes- sulted in over 99 percent of projects Mrs. Brown allowed the Star to provide sional, and agricultural leadership of being obligated by FEMA. Considering a home for the De Porres Club, an ac- the region. Bill has commendably ful- the unprecedented magnitude of this tive civil rights organization within filled the role of president during a disaster, this was truly a monumental the North Omaha community. The Star time when Mississippi agriculture and task and one that had never before also kept its readership apprised of the the economy of the State of Mississippi been undertaken. civil rights movement’s successes and have faced significant challenges. As director of the Office of Recovery failures across the country by re- As president of the Delta Council, and Renewal, Bryan again put the right searching the issues and urging in- Bill was called upon to commit time people and processes in place to man- volvement. and resources to the ever-pressing age the Federal assistance entrusted to The Omaha Star’s mission states issues of Mississippi River flooding due the State of Mississippi. Thousands of that it is ‘‘dedicated to the service of to the delta’s geographic location at homeowners have received direct finan- the people that no good cause shall the bottom of a watershed funnel en- cial assistance through the home- lack a champion and that evil shall not compassing most of the United States. owners assistance grant program; pro- go unopposed.’’ My fellow Nebraskans Bill Kennedy has set the standard by grams and policies have been imple- and I take great pride in knowing that which other agricultural leaders of the mented which will result in the devel- the Star has faithfully abided by this Mississippi Delta are measured. As past opment of low income housing units in mission throughout its 70 years of ex- president of the MS Ginners Associa- excess of what was available before the istence, and we will continue to follow tion, past president of the Southern storm, and Katrina affected cities and the Omaha Star on its spirited journey Cotton Ginners Association, and presi- counties have received the much need- to provide a voice for civil rights and dent of Duncan Gin, one of the oldest ed Federal resources to rebuild and re- equality for all.∑ and most successful agricultural enter- vitalize their communities. prises in the Mississippi Delta, Bill has Bryan has worked to ensure that f proven to be an effective advocate on every Federal taxpayer dollar en- behalf of delta agriculture. Because of trusted to Mississippi has been and TRIBUTE TO LTC JOHN LUCAS his unique understanding of the U.S. continues to be spent efficiently and ∑ Mr. PRYOR. Mr. President, today, I cotton industry, his counsel is fre- appropriately. The State of Mississippi wish to acknowledge the love and sup- quently sought when issues of national, and this country owe Bryan a debt of port LTC John Lucas’s family has statewide, or regional concern arise. gratitude for taking a leave of absence shown him during his 24 years of serv- Additionally, the role which Bill from his private sector career to serve ice in the U.S. Air Force. LTC John Kennedy has played in wildlife con- our great State. As we know, public Lucas, an Arkansas native, will retire servation through his leadership as service can be a strain on our families from the Air Force on August 1, 2008. former president of Delta Wildlife is in- both financially and emotionally. I Lieutenant Colonel Lucas attended the estimable. Bill is a true sportsman and want to thank Bryan’s wife Michelle University of Arkansas, making me conservationist who has devoted thou- and his two children, Matt and Laura particularly proud because that is my sands of hours to making the Mis- Beth, for their sacrifice and support alma mater, and his oldest son, John sissippi Delta a better place for all while allowing Bryan to serve our Lucas, is carrying on the tradition as a those who live and do business in the State. freshman at the university as well. region. Bryan has reflected great credit on Lieutenant Colonel Lucas’s wife, I congratulate Bill Kennedy, and the State of Mississippi and I appre- Coleen, wrote to me on the occasion of thank his wife Lanny, his son Larkin, ciate his service.∑ his retirement and asked that I write a and daughter in law, Jenny Ruth, for f the year which they have shared with note of thanks to their family and her the delta while Bill has served as presi- 70TH ANNIVERSARY OF THE husband in an effort to recognize their dent of Delta Council.∑ OMAHA STAR sacrifice and support over the last 24 ∑ year. She writes: f Mr. NELSON of Nebraska. Mr. Presi- dent, today I wish to honor the Omaha While John served his country, his family RECOGNIZING BRYAN MCDONALD Star, the largest and oldest African- and mine were both loving and supportive ∑ Mr. COCHRAN. Mr. President, I am American newspaper in my home State through times of crisis, war and peace. We pleased to recognize the service of one had times of struggle but both of our fami- of Nebraska. The Star is celebrating its lies helped me and our children so that my of my constituents, Mr. Bryan McDon- 70th Anniversary this year. husband could serve our country. Over the ald. Bryan has served the State of Mis- The Omaha Star is currently distrib- past 24 years, we have moved eight times, sissippi and Governor Haley Barbour as uted in 48 States, as the paper has be- lived in 11 homes, uprooted the children from director of the Governor’s Office of Re- come legendary for its civil rights schools, moved them away from friends, and covery and Renewal. In his final week work. Since its beginning, the Star has endured deployments. Through it all the one as director, I thank him for his out- been a champion in the struggle for constant was family. standing contribution to Mississippi’s equal rights. Our men and women in uniform have progress in the aftermath of Hurricane The Omaha Star was founded in 1938 a tremendous responsibility to protect Katrina. by the late Mildred Brown, a remark- our Nation’s freedoms and it is family Prior to his appointment, Bryan able person in her own right, who was support that helps them accomplish worked with the Mississippi Emer- also the aunt of the current publisher their mission. Sacrifice, selflessness gency Management Agency as director and editor, Dr. Marguerita L. Wash- and perseverance define the special of accounting Oversight, where he ington. Mrs. Brown’s foresight and pio- role of a military family such as the helped provide assistance to govern- neering spirit in establishing the Star Lucas family. mental and nonprofit applicants under required not only a dedicated amount Today, I thank John C. Lucas and his the Stafford Act. Bryan’s extensive of time and effort, but also courage and family for their service to our Nation. management experience as a CPA and vigilance. Her efforts paid off, as the Our country is blessed to have you auditor suited the State perfectly in paper continues to educate and advo- John, Coleen, Kevin, Bryan and Andrea our recovery efforts. cate; and Mrs. Brown was post- Lucas.∑

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.001 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 7611 RECOGNIZING DAVID STEVENS Currently he is attending the Univer- Burma, manifested at the time in the ∑ Mr. THUNE. Mr. President, today, I sity of Illinois at Urbana-Champaign, violent response to peaceful dem- wish to recognize David Stevens, an in- where he is majoring in news editorial onstrations, the commission of human tern in my Washington, DC, office, for journalism. He is a hard worker who rights abuses related to political re- all of the hard work he has done for has been dedicated to getting the most pression, and engagement in public cor- me, my staff, and the State of South out of his internship experience. ruption, including by diverting or mis- Dakota over the past several months. I would like to extend my sincere using Burmese public assets or by mis- David is a graduate of O’Gorman thanks and appreciation to Jonathan using public authority, warranted an High School in Sioux Falls, SD, and for all of the fine work he has done and expansion of the then-existing sanc- the University of South Dakota. In the wish him continued success in the tions. Executive Order 13448, issued on ∑ fall he will attend the Sanford School years to come. that date, incorporated existing des- of Medicine at the University of South f ignation criteria set forth in Executive Order 13310, blocked the property and Dakota. He is a hard worker who has MESSAGES FROM THE PRESIDENT been dedicated to getting the most out interests in property of persons listed of his internship experience. Messages from the President of the in the Annex to that Executive Order, I would like to extend my sincere United States were communicated to and provided additional criteria for thanks and appreciation to David for the Senate by Mrs. Neiman, one of his designations of certain other persons. all of the fine work he has done and secretaries. The order supplements the existing wish him continued success in the f designation criteria set forth in Execu- years to come.∑ tive Order 13310, as incorporated in and EXECUTIVE MESSAGES REFERRED expanded by Executive Order 13448. The f As in executive session the Presiding order blocks the property and interest RECOGNIZING RENE´ E LATTERELL Officer laid before the Senate messages in property in the United States of per- ∑ Mr. THUNE. Mr. President, today, I from the President of the United sons listed in the Annex to the order wish to recognize Rene´e Latterell, an States submitting sundry nominations and provides additional criteria for intern in my Washington, DC, office, which were referred to the appropriate designations of persons determined by for all of the hard work she has done committees. the Secretary of the Treasury, after for me, my staff, and the State of (The nominations received today are consultation with the Secretary of South Dakota over the past several printed at the end of the Senate pro- State, to be owned or controlled by, di- months. ceedings.) rectly or indirectly, the Government of Rene´e is a graduate of Central High f Burma or an official or officials of the Government of Burma; to have materi- School in Aberdeen, SD, and of North REPORT RELATIVE TO THE Dakota State University, where she ally assisted, sponsored, or provided fi- ISSUANCE OF AN EXECUTIVE nancial, material, logistical, or tech- majored in Spanish and international ORDER THAT TAKES ADDI- studies. She is a hard worker who has nical support for, or goods or services TIONAL STEPS WITH RESPECT in support of, the Government of been dedicated to getting the most out TO THE NATIONAL EMERGENCY of her internship experience. Burma, the State Peace and Develop- THAT WAS ORIGINALLY DE- ment Council of Burma, the Union Sol- I would like to extend my sincere CLARED IN EXECUTIVE ORDER ´ idarity and Development Association thanks and appreciation to Renee for 13047 OF MAY 20, 1997—PM 45 all of the fine work she has done and of Burma, any successor entity to any wish her continued success in the years The PRESIDING OFFICER laid be- of the foregoing, any senior official of to come.∑ fore the Senate the following message any of the foregoing, or any person from the President of the United whose property and interests in prop- f States, together with an accompanying erty are blocked pursuant to Executive RECOGNIZING SAM GRIFFIN report; which was referred to the Com- Order 13310, Executive Order 13448, or ∑ Mr. THUNE. Mr. President, today I mittee on Banking, Housing, and the order; or to be owned or controlled wish to recognize Sam Griffin, an in- Urban Affairs: by, or to have acted or purported to act for or on behalf of, directly or indi- tern in my Washington, DC, office, for To the Congress of the United States: rectly, any person whose property and all of the hard work he has done for Pursuant to the International Emer- interests in property are blocked pur- me, my staff, and the State of South gency Economic Powers Act (50 U.S.C. suant to Executive Order 13310, Execu- Dakota over the past several months. 1701 et seq.) (IEEPA), I hereby report tive Order 13448, or the order. Sam is a graduate of Jefferson Senior that I have issued an Executive Order High School in Alexandria, MN. Cur- (the ‘‘order’’) that takes additional The order leaves in place the existing rently he is attending American Uni- steps with respect to the national prohibitions on new investment, the versity, where he is majoring in Polit- emergency declared in Executive Order exportation or reexportation to Burma ical Science. He is a hard worker who 13047 of May 20, 1997, and expanded in of financial services, and the importa- has been dedicated to getting the most Executive Order 13448 of October 18, tion of any article that is a product of out of his internship experience. 2007. Burma, which were put into effect in I would like to extend my sincere In 1997, the United States put in Executive Order 13047 and Executive thanks and appreciation to Sam for all place a prohibition on new investment Order 13310. of the fine work he has done and wish in Burma in response to the Govern- The order authorizes the Secretary of him continued success in the years to ment of Burma’s large scale repression the Treasury, after consultation with come.∑ of the democratic opposition in that the Secretary of State, to take such ac- f country. On July 28, 2003, those sanc- tions, including the promulgation of tions were expanded by steps taken in rules and regulations, and to employ RECOGNIZING JONATHAN ABDNOR Executive Order 13310, which contained all powers granted to the President by ∑ Mr. THUNE. Mr. President, today I prohibitions implementing sections 3 IEEPA and section 4 of the Burmese recognize Jonathan Abdnor, an intern and 4 of the Burmese Freedom and De- Freedom and Democracy Act of 2003 as in my Washington, DC, office, for all of mocracy Act of 2003 (Public Law 108–61) may be necessary to carry out the pur- the hard work he has done for me, my (the ″Act″) and supplemented that Act poses of the order. staff, and the State of South Dakota with additional restrictions. On Octo- I am enclosing a copy of the Execu- over the past several months. ber 18, 2007, I determined that the Gov- tive Order I have issued. Jonathan is a graduate of Prospect ernment of Burma’s continued repres- GEORGE W. BUSH. High School in Mount Prospect, IL. sion of the democratic opposition in THE WHITE HOUSE, April 30, 2008.

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.001 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7612 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 May 1, 2008 MESSAGES FROM THE HOUSE At 6:25 p.m., a message from the EXECUTIVE AND OTHER House of Representatives, delivered by COMMUNICATIONS Mrs. Cole, one of its reading clerks, an- ENROLLED BILLS SIGNED The following communications were nounced that the House has passed the laid before the Senate, together with At 9:32 a.m., a message from the following bills, in which it requests the accompanying papers, reports, and doc- House of Representatives, delivered by concurrence of the Senate: uments, and were referred as indicated: Mrs. Cole, one of its reading clerks, an- H.R. 1777. An act to amend the Improving EC–6014. A communication from the Ad- nounced that the Speaker has signed America’s Schools Act of 1994 to make per- ministrator, Food and Nutrition Service, De- the following enrolled bills: manent the favorable treatment of need- partment of Agriculture, transmitting, pur- S. 2457. An act to provide for extensions of based educational aid under the antitrust suant to law, the report of a rule entitled leases of certain land by Mashantucket laws. ‘‘Special Supplemental Nutrition Program Pequot (Western) Tribe. H.R. 5522. An act to require the Secretary for Women, Infants and Children: Miscella- S. 2739. An act to authorize certain pro- of Labor to issue interim and final occupa- neous Vendor-Related Provisions’’ (RIN0584– grams and activities in the Department of tional safety and health standards regarding AD36) receive on April 29, 2008; to the Com- the Interior, the Forest Service, and the De- worker exposure to combustible dust, and for mittee on Agriculture, Nutrition, and For- partment of Energy, to implement further other purposes. estry. the Act approving the Covenant to Establish H.R. 5919. An act to make technical correc- EC–6015. A communication from the Direc- a Commonwealth of the Northern Mariana tions regarding the Newborn Screening tor, Regulatory Review Group, Department Islands in Political Union with the United Saves Lives Act of 2007. of Agriculture, transmitting, pursuant to States of America, to amend the Compact of The message also announced that the law, the report of a rule entitled ‘‘Tobacco Transition Payment Program; Release of Free Association Amendments Act of 2003, House has agreed to the following con- and for other purposes. Records’’ (RIN0560–AH79) received on April current resolution, in which it requests 29, 2008; to the Committee on Agriculture, The enrolled bills were subsequently the concurrence of the Senate: Nutrition, and Forestry. signed by the President pro tempore H. Con. Res. 330. Concurrent resolution EC–6016. A communication from the Sec- (Mr. BYRD). supporting the goals and ideals of National retary of the Army, transmitting, pursuant Sexual Assault Awareness and Prevention to law, a letter detailing his determination At 1:35 p.m., a message from the Month. that the Average Procurement Unit Cost House of Representatives, delivered by metric for the Javelin Advanced Anti-Tank Mrs. Cole, one of its reading clerks, an- f Missile has exceeded the significant cost nounced that the House agrees to the MEASURES REFERRED growth threshold; to the Committee on amendment of the Senate to the bill Armed Services. The following bills were read the first EC–6017. A communication from the Under (H.R. 493) to prohibit discrimination on and the second times by unanimous Secretary of Defense (Acquisition, Tech- the basis of genetic information with consent, and referred as indicated: nology and Logistics), transmitting, pursu- respect to health insurance and em- H.R. 1777. An act to amend the Improving ant to law, a report relative to the Depart- ployment. America’s Schools Act of 1994 to make per- ment’s competitive sourcing efforts during The message further announces that manent the favorable treatment of need- fiscal year 2007; to the Committee on Armed the House has agreed to the following based educational aid under the antitrust Services. EC–6018. A communication from the Direc- concurrent resolution, in which it re- laws; to the Committee on the Judiciary. tor, Defense Procurement, Acquisition Pol- quests the concurrence of the Senate: H.R. 5522. An act to require the Secretary icy, and Strategic Sourcing, Department of of Labor to issue interim and final occupa- H. Con. Res. 340. Concurrent resolution to Defense, transmitting, pursuant to law, the tional safety and health standards regarding make technical corrections in the enroll- report of a rule entitled ‘‘Extension of Au- worker exposure to combustible dust, and for ment of the bill H.R. 493. thority to Carry Out Certain Prototype other purposes; to the Committee on Health, Projects’’ (DFARS Case 2008–D008) received Education, Labor, and Pensions. At 2:06 p.m., a message from the on April 29, 2008; to the Committee on Armed House of Representatives, delivered by f Services. Mrs. Cole, one of its reading clerks, an- MEASURES PLACED ON THE EC–6019. A communication from the Direc- nounced that the House has passed the tor, Defense Procurement, Acquisition Pol- CALENDAR following bill, without amendment: icy, and Strategic Sourcing, Department of S. 2954. An act to amend Public Law 110–196 The following concurrent resolution Defense, transmitting, pursuant to law, the to provide for a temporary extension of pro- was read, and placed on the calendar: report of a rule entitled ‘‘Deletion of Obso- lete Restriction on Acquisition of Vessel grams authorized by the Farm Security and H. Con. Res. 330. Concurrent resolution Propellers’’ (DFARS Case 2007–D027) received Rural Investment Act of 2002 beyond May 2, supporting the goals and ideals of National on April 29, 2008; to the Committee on Armed 2008. Sexual Assault Awareness and Prevention Services. Month. At 2:45 p.m., a message from the EC–6020. A communication from the Direc- House of Representatives, delivered by f tor, Defense Procurement, Acquisition Pol- icy, and Strategic Sourcing, Department of Mrs. Cole, one of its reading clerks, an- ENROLLED BILLS PRESENTED Defense, transmitting, pursuant to law, the nounced that the House agrees to the The Secretary of the Senate reported report of a rule entitled ‘‘Earned Value Man- amendments of the Senate to the bill that on May 1, 2008, she had presented agement Systems’’ (DFARS Case 2005–D006) (H.R. 5715) to ensure continued avail- to the President of the United States received on April 29, 2008; to the Committee ability of access to the Federal student the following enrolled bills: on Armed Services. loan program for students and families. EC–6021. A communication from the Assist- S. 2457. An act to provide for extensions of ant Secretary of Defense (Reserve Affairs), f leases of certain land by Mashantucket transmitting, pursuant to law, the 2007 an- ENROLLED BILL SIGNED Pequot (Western) Tribe. nual report relative to the STARBASE Pro- S. 2739. An act to authorize certain pro- gram; to the Committee on Armed Services. At 4:08 p.m., a message from the grams and activities in the Department of EC–6022. A communication from the Under House of Representatives, delivered by the Interior, the Forest Service, and the De- Secretary of Defense (Personnel and Readi- Mrs. Cole, one of its reading clerks, an- partment of Energy, to implement further ness), transmitting a report on the approved nounced that the Speaker has signed the Act approving the Covenant to Establish retirement of General Dan K. McNeill, the following enrolled bill: a Commonwealth of the Northern Mariana United States Army, and his advancement to Islands in Political Union with the United S. 2954. An act to amend Public Law 110–196 the grade of general on the retired list; to States of America, to amend the Compact of to provide for a temporary extension of pro- the Committee on Armed Services. Free Association Amendments Act of 2003, EC–6023. A communication from the Under grams authorized by the Farm Security and and for other purposes. Secretary of Defense (Personnel and Readi- Rural Investment Act of 2002 beyond May 2, S. 2954. An act to amend Public Law 110–196 ness), transmitting a report on the approved 2008. to provide for a temporary extension of pro- retirement of General Burwell B. Bell III, The enrolled bill was subsequently grams authorized by the Farm Security and United States Army, and his advancement to signed by the President pro tempore Rural Investment Act of 2002 beyond May 2, the grade of general on the retired list; to (Mr. BYRD). 2008. the Committee on Armed Services.

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.001 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 7613 EC–6024. A communication from the Sec- Northeast Multispecies Fishery Management EC–6044. A communication from the Sec- retary of the Treasury, transmitting, pursu- Plan’’ (RIN068–AW16) received on April 29, retary of Health and Human Services, trans- ant to law, a six-month periodic report on 2008; to the Committee on Commerce, mitting, pursuant to law, a report entitled, the national emergency with respect to Science, and Transportation. ‘‘Finalizing Medicare Regulations under Sec- Syria that was declared in Executive Order EC–6035. A communication from the Dep- tion 902 of the Medicare Prescription Drug, 13338 of May 11, 2004; to the Committee on uty Assistant Administrator for Regulatory Improvement, and Modernization Act of 2003 Banking, Housing, and Urban Affairs. Programs, National Marine Fisheries Serv- for Calendar Year 2007’’; to the Committee EC–6025. A communication from the Prin- ice, Department of Commerce, transmitting, on Finance. cipal Deputy Assistant Attorney General, Of- pursuant to law, the report of a rule entitled EC–6045. A communication from the Assist- fice of Legislative Affairs, Department of ‘‘Fisheries in the Western Pacific; ant Secretary, Office of Legislative Affairs, State, transmitting, pursuant to law, a re- Bottomfish and Seamount Groundfish Fish- Department of State, transmitting, pursuant port relative to the Department’s activities eries; Management Measures in the Main Ha- to law, the report of a rule entitled ‘‘Amend- during calendar year 2007; to the Committee waiian Islands’’ (RIN068–AU22) received on ment to the International Arms Traffic in on Banking, Housing, and Urban Affairs. April 29, 2008; to the Committee on Com- Arms Regulations: North Atlantic Treaty EC–6026. A communication from the Chief merce, Science, and Transportation. Organization’’ (22 CFR Part 123) received on Counsel, Federal Emergency Management EC–6036. A communication from the Dep- April 29, 2008; to the Committee on Foreign Agency, Department of Homeland Security, uty Assistant Administrator for Regulatory Relations. transmitting, pursuant to law, the report of Programs, National Marine Fisheries Serv- EC–6046. A communication from the Sec- a rule entitled ‘‘Final Flood Elevation Deter- ice, Department of Commerce, transmitting, retary of Education, transmitting, pursuant minations’’ (73 FR 19161) received on April 29, pursuant to law, the report of a rule entitled to law, the Department’s 2007 Buy American 2008; to the Committee on Banking, Housing, ‘‘2008 Specifications and Management Meas- Act Report; to the Committee on Health, and Urban Affairs. ures for Atlantic Mackerel, Squid, Butterfish Education, Labor, and Pensions. EC–6027. A communication from the Attor- Fisheries’’ (RIN068–AV40) received on April EC–6047. A communication from the Assist- ney, Federal Emergency Management Agen- 29, 2008; to the Committee on Commerce, ant Secretary of Education (Special Edu- cy, Department of Homeland Security, trans- Science, and Transportation. cation and Rehabilitative Services), trans- mitting, pursuant to law, the report of a rule EC–6037. A communication from the Sec- mitting, pursuant to law, the report of a rule entitled ‘‘Changes in Flood Elevation Deter- retary of Transportation, transmitting, pur- entitled ‘‘National Institute on Disability minations’’ (44 CFR Part 65) received on suant to law, an annual progress report enti- and Rehabilitation Research—Disability and April 29, 2008; to the Committee on Banking, tled, ‘‘Report to Congress on the Fiscal Year Rehabilitation Research Projects and Cen- Housing, and Urban Affairs. 2007 Competitive Sourcing Efforts’’; to the ters Program—Disability Rehabilitation Re- EC–6028. A communication from the Attor- Committee on Commerce, Science, and search Projects for a Center on Post-Sec- ney, Federal Emergency Management Agen- Transportation. ondary Education for Students with Intellec- EC–6038. A communication from the Attor- cy, Department of Homeland Security, trans- tual Disabilities—Notice of Final Priority ney Advisor, Office of the Secretary, Depart- mitting, pursuant to law, the report of a rule and Definitions’’ (4000–01–U) received on ment of Transportation, transmitting, pur- entitled ‘‘Proposed Flood Elevation Deter- April 29, 2008; to the Committee on Health, suant to law, the report of a nomination for minations’’ (Docket No. FEMA–B–7771) re- Education, Labor, and Pensions. the position of Assistant Secretary for Avia- ceived on April 29, 2008; to the Committee on EC–6048. A communication from the Assist- tion and International Affairs, received on Banking, Housing, and Urban Affairs. ant Secretary, Employee Benefits Security April 29, 2008; to the Committee on Com- EC–6029. A communication from the Attor- Administration, Department of Labor, trans- merce, Science, and Transportation. ney, Federal Emergency Management Agen- EC–6039. A communication from the Direc- mitting, pursuant to law, the report of a rule cy, Department of Homeland Security, trans- tor, Office of Congressional Affairs, Nuclear entitled ‘‘Default Investment Alternatives mitting, pursuant to law, the report of a rule Regulatory Commission, transmitting, pur- Under Participant Directed Individual Ac- entitled ‘‘Final Flood Elevation Determina- suant to law, the report of a rule entitled count Plans’’ (RIN1210–AB10) received on tions’’ (44 CFR Part 67) received on April 29, ‘‘Interlocutory Review of Rulings on Re- April 29, 2008; to the Committee on Health, 2008; to the Committee on Banking, Housing, quests by Potential Parties for Access to Education, Labor, and Pensions. and Urban Affairs. Sensitive Unclassified Non-Safeguards Infor- EC–6049. A communication from the Dep- EC–6030. A communication from the Attor- mation and Safeguards Information’’ uty Director, Pension Benefit Guaranty Cor- ney, Federal Emergency Management Agen- (RIN3150–AI08) received on April 29, 2008; to poration, transmitting, pursuant to law, the cy, Department of Homeland Security, trans- the Committee on Environment and Public report of a rule entitled ‘‘Benefits Payable in mitting, pursuant to law, the report of a rule Works. Terminated Single-Employer Plans; Alloca- entitled ‘‘Changes in Flood Elevation Deter- EC–6040. A communication from the Chief tion of Assets in Single-Employer Plans; In- minations’’ (Docket No. FEMA–B–7772) re- of the Publications and Regulations Branch, terest Assumptions for Valuing and Paying ceived on April 29, 2008; to the Committee on Internal Revenue Service, Department of the Benefits’’ (29 CFR Parts 4022 and 4044) re- Banking, Housing, and Urban Affairs. Treasury, transmitting, pursuant to law, the ceived on April 29, 2008; to the Committee on EC–6031. A communication from the Attor- report of a rule entitled ‘‘Tier I Issue—Sec- Health, Education, Labor, and Pensions. ney, Federal Emergency Management Agen- tion 965 Foreign Earnings Repatriation Di- EC–6050. A communication from the Sec- cy, Department of Homeland Security, trans- rective No. 2’’ (LMSB–4–0408–021) received on retary of Health and Human Services, trans- mitting, pursuant to law, the report of a rule April 29, 2008; to the Committee on Finance. mitting, pursuant to law, a report relative to entitled ‘‘Proposed Flood Elevation Deter- EC–6041. A communication from the Chief postmarket surveillance of medical devices minations’’ (Docket No. FEMA–B–7773) re- of the Publications and Regulations Branch, used in pediatric populations; to the Com- ceived on April 29, 2008; to the Committee on Internal Revenue Service, Department of the mittee on Health, Education, Labor, and Banking, Housing, and Urban Affairs. Treasury, transmitting, pursuant to law, the Pensions. EC–6032. A communication from the Chair- report of a rule entitled ‘‘Examination of EC–6051. A communication from the Dis- man, Board of Governors of the Federal Re- Dividends Received Deduction on Separate trict of Columbia Auditor, transmitting a re- serve System, transmitting, pursuant to law, Accounts of Life Insurance Companies Direc- port entitled, ‘‘Audit of Child and Family the Board’s Annual Report for calendar year tive’’ (LMSB–04–0308–010) received on April Services Agency’s Contracting and Quality 2007; to the Committee on Banking, Housing, 29, 2008; to the Committee on Finance. Assurance Procedures’’; to the Committee on and Urban Affairs. EC–6042. A communication from the Chief Homeland Security and Governmental Af- EC–6033. A communication from the Acting of the Publications and Regulations Branch, fairs. Administrator for Fisheries, National Ma- Internal Revenue Service, Department of the EC–6052. A communication from the Prin- rine Fisheries Service, Department of Com- Treasury, transmitting, pursuant to law, the cipal Deputy Assistant Attorney General, Of- merce, transmitting, pursuant to law, the re- report of a rule entitled ‘‘Tier II Issue— fice of Legislative Affairs, Department of port of a rule entitled ‘‘Endangered and Interchange and Merchant Discount Fees Di- Justice, transmitting, pursuant to law, the Threatened Wildlife; Sea Turtle Conserva- rective No. 1’’ (LMSB–04–0208–002) received Annual Report of the Office of Justice Pro- tion’’ (RIN0648–R84) received on April 29, on April 29, 2008; to the Committee on Fi- grams for fiscal year 2006; to the Committee 2008; to the Committee on Commerce, nance. on the Judiciary. Science, and Transportation. EC–6043. A communication from the Chief EC–6053. A communication from the Fed- EC–6034. A communication from the Dep- of the Publications and Regulations Branch, eral Register Liaison Officer, Alcohol and uty Assistant Administrator for Regulatory Internal Revenue Service, Department of the Tobacco Tax and Trade Bureau, Department Programs, National Marine Fisheries Serv- Treasury, transmitting, pursuant to law, the of the Treasury, transmitting, pursuant to ice, Department of Commerce, transmitting, report of a rule entitled ‘‘Special Rules to law, the report of a rule entitled ‘‘Establish- pursuant to law, the report of a rule entitled Reduce Section 1446 Withholding’’ ((RIN1545– ment of the Swan Creek Viticultural Area’’ ‘‘Final Rule to Approve the Georges Bank BD80)(TD 9394)) received on April 29, 2008; to (RIN1513–AB20) received on April 29, 2008; to Cod Hook Sector’s 2008 Operations Plan; the Committee on Finance. the Committee on the Judiciary.

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.001 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7614 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 May 1, 2008 EC–6054. A communication from the White close the beneficial owners of those corpora- By Mrs. BOXER (for herself and Mr. House Liaison, Department of Justice, trans- tions, in order to prevent wrongdoers from LIEBERMAN): mitting, pursuant to law, the report of a va- exploiting United States corporations for S. 2965. A bill to require a report on the in- cancy in the position of U.S. Attorney for criminal gain, to assist law enforcement in clusion of severe and acute Post Traumatic the District of Connecticut, received on detecting, preventing, and punishing ter- Stress Disorder among the conditions cov- April 29, 2008; to the Committee on the Judi- rorism, money laundering, and other mis- ered by traumatic injury protection coverage ciary. conduct involving United States corpora- under Servicemembers’ Group Life Insur- EC–6055. A communication from the Dep- tions, and for other purposes; to the Com- ance; to the Committee on Veterans’ Affairs. uty Assistant Administrator, Drug Enforce- mittee on Homeland Security and Govern- By Mrs. DOLE: ment Administration, Department of Jus- mental Affairs. S. 2966. A bill to require the Secretary of tice, transmitting, pursuant to law, the re- By Mr. LIEBERMAN: the Army to implement the First Sergeants port of a rule entitled ‘‘Schedules of Con- S. 2957. A bill to modernize credit union Barracks Initiative (FSBI) throughout the trolled Substances: Exempt Anabolic Steroid net worth standards, advance credit union Army in order to improve the quality of life Products’’ (RIN1117–AA98) received on April efforts to promote economic growth, and and living environments for single soldiers; 29, 2008; to the Committee on the Judiciary. modify credit union regularity standards and to the Committee on Armed Services. EC–6056. A communication from the Dep- reduce burdens, and for other purposes; to By Mrs. FEINSTEIN (for herself, Mr. uty General Counsel, Office of Size Stand- the Committee on Banking, Housing, and BENNETT, and Mr. REID): ards, Small Business Administration, trans- Urban Affairs. S. 2967. A bill to provide for certain Fed- mitting, pursuant to law, the report of a rule By Mr. DOMENICI (for himself, Mr. eral employee benefits to be continued for entitled ‘‘Small Business Size Standards; BUNNING, Mr. SESSIONS, Mrs. certain employees of the Senate Restaurants Adoption of 2007 North American Industry HUTCHISON, Mr. BOND, Mr. INHOFE, after operations of the Senate Restaurants Classification System for Size Standards’’ Ms. MURKOWSKI, Mr. BARRASSO, Mr. are contracted to be performed by a private (RIN3245–AF66) received on April 29, 2008; to BENNETT, Mr. WICKER, Mr. business concern, and for other purposes; to the Committee on Small Business and Entre- CHAMBLISS, Mr. STEVENS, Mr. the Committee on Rules and Administration. preneurship. CORNYN, Mr. ENZI, Mr. ISAKSON, Mr. By Mr. ROCKEFELLER: EC–6057. A communication from the Direc- THUNE, Mr. VOINOVICH, Mr. ALLARD, S. 2968. A bill to provide emergency assist- tor of Regulations Management, Veterans and Mr. MCCONNELL): ance for families receiving assistance under Benefits Administration, Department of Vet- S. 2958. A bill to promote the energy secu- part A of title IV of the Social Security Act erans Affairs, transmitting, pursuant to law, rity of the United States, and for other pur- and low-income working families; to the the report of a rule entitled ‘‘Notice and As- poses; to the Committee on Energy and Nat- Committee on Finance. sistance Requirements and Technical Correc- ural Resources. By Mr. AKAKA: tion’’ (RIN2900–AM17) received on April 29, By Mr. FEINGOLD (for himself, Ms. S. 2969. A bill to amend title 38, United 2008; to the Committee on Veterans’ Affairs. KLOBUCHAR, Mr. TESTER, and Mr. States Code, to enhance the capacity of the f HARKIN): Department of Veterans Affairs to recruit INTRODUCTION OF BILLS AND S. 2959. A bill to amend the Help America and retain nurses and other critical health- Vote Act of 2002 to require States to provide care professionals, and for other purposes; to JOINT RESOLUTIONS for election day registration; to the Com- the Committee on Veterans’ Affairs. The following bills and joint resolu- mittee on Rules and Administration. f tions were introduced, read the first By Mr. DODD: and second times by unanimous con- S. 2960. A bill to amend the Homeland Se- SUBMISSION OF CONCURRENT AND sent, and referred as indicated: curity Act of 2002, to establish the Office for SENATE RESOLUTIONS Bombing Prevention, to enhance the role of The following concurrent resolutions By Mr. BAUCUS (for himself, Mr. State and local bomb squads, public safety TESTER, and Mr. LUGAR): dive teams, explosive detection canine and Senate resolutions were read, and S. 2951. A bill to require reports on the teams, and special weapons and tactics referred (or acted upon), as indicated: progress of the Secretary of Veterans Affairs teams in national improvised explosive de- By Mr. HATCH (for himself, Mrs. CLIN- in addressing causes for variances in com- vice prevention policy, to establish a grant TON, Mr. COCHRAN, and Mr. SANDERS): pensation payments for veterans for service- program to provide for training, equipment, S. Res. 544. A resolution designating May 5 connected disabilities; to the Committee on and staffing of State and local improvised through 9, 2008, as National Substitute Veterans’ Affairs. explosive device prevention, and for other Teacher Recognition Week; considered and By Mr. MENENDEZ (for himself and purposes; to the Committee on Homeland Se- agreed to. Mr. LAUTENBERG): S. 2952. A bill to improve food safety curity and Governmental Affairs. By Mr. PRYOR (for himself and Mrs. through mandatory meat, meat product, By Mr. AKAKA: LINCOLN): poultry, and poultry product recall author- S. 2961. A bill to amend title 38, United S. Res. 545. A resolution honoring the re- ity, to require the Secretary of Agriculture States Code, to enhance the refinancing of cipients of the El Dorado Promise scholar- to improve communication about recalls home loans by veterans; to the Committee ship; considered and agreed to. with schools participating in the school on Veterans’ Affairs. By Mr. THUNE (for himself and Mr. lunch and breakfast programs, and for other By Mrs. MURRAY (for herself and Ms. WYDEN): purposes; to the Committee on Agriculture, CANTWELL): S. Res. 546. A resolution designating May Nutrition, and Forestry. S. 2962. A bill to amend title XVIII of the 2008 as ‘‘National Physical Fitness and Social Security Act to improve the provision Sports Month’’ and the week of May 1 By Mr. CRAIG (for himself, Mr. WAR- of items and services provided to Medicare through May 7, as ‘‘National Physical Edu- NER, and Mr. INHOFE): S. 2953. A bill to provide for the develop- beneficiaries residing in States with more cation and Sports Week″; considered and ment and inventory of certain outer Conti- cost-effective health care delivery systems; agreed to. nental Shelf resources, to suspend petroleum to the Committee on Finance. By Mr. DURBIN (for himself, Mr. acquisition for the Strategic Petroleum Re- By Mr. BOND (for himself, Mrs. BOXER, ISAKSON, Mr. KENNEDY, and Mr. serve, and for other purposes; to the Com- Mr. STEVENS, Mr. OBAMA, Mr. DOMEN- OBAMA): mittee on Energy and Natural Resources. ICI, Mrs. DOLE, and Ms. MURKOWSKI): S. Res. 547. A resolution designating the By Mr. HARKIN: S. 2963. A bill to improve and enhance the week of May 4 through May 10, 2008, as S. 2954. A bill to amend Public Law 110-196 mental health care benefits available to ‘‘North American Occupational Safety and to provide for a temporary extension of members of the Armed Forces and veterans, Health Week’’ and May 7, 2008, as ‘‘Occupa- progress authorized by the Farm Security to enhance counseling and other benefits tional Safety and Health Professionals Day″; and Rural Investment Act of 2002 beyond available to survivors of members of the considered and agreed to. May 2, 2008; considered and passed. Armed Forces and veterans, and for other By Mr. DODD (for himself, Mr. COCH- By Mr. WHITEHOUSE (for himself and purposes; to the Committee on Veterans’ Af- RAN, Mr. KENNEDY, Ms. MURKOWSKI, Mr. SPECTER): fairs. Ms. MIKULSKI, Mr. MCCAIN, Mrs. S. 2955. A bill to authorize funds to the By Mr. LAUTENBERG (for himself, CLINTON, Ms. SNOWE, Mrs. MURRAY, Local Initiatives Support Corporation to Mr. DORGAN, Mr. LEVIN, Mr. CASEY, Mr. WICKER, Mr. OBAMA, Mr. SMITH, carry out its Community Safety Initiative; and Mr. SANDERS): Mr. BROWN, Mr. DURBIN, Mr. ROCKE- to the Committee on the Judiciary. S. 2964. A bill to require the United States FELLER, Mr. FEINGOLD, Mr. BAYH, Mr. By Mr. LEVIN (for himself, Mr. COLE- Trade Representative to pursue a complaint CASEY, Mr. MENENDEZ, and Mr. MAN, and Mr. OBAMA): of anticompetitive practices against certain LIEBERMAN): S. 2956. A bill to ensure that persons who oil exporting countries; to the Committee on S. Res. 548. A resolution recognizing the form corporations in the United States dis- Finance. accomplishments of the members and alumni

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.001 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 7615 of AmeriCorps and the contributions of tervene in, and prosecute elder abuse, S. 2533 AmeriCorps to the lives of the people of the neglect, and exploitation, and for other At the request of Mr. KENNEDY, the United States; to the Committee on Health, purposes. name of the Senator from New Jersey Education, Labor, and Pensions. S. 1415 (Mr. MENENDEZ) was added as a cospon- f At the request of Mr. HARKIN, the sor of S. 2533, a bill to enact a safe, ADDITIONAL COSPONSORS name of the Senator from Connecticut fair, and responsible state secrets privi- (Mr. DODD) was added as a cosponsor of lege Act. S. 717 S. 1415, a bill to amend the Public S. 2561 At the request of Mr. AKAKA, the Health Service Act and the Social Se- At the request of Mr. REID, the name name of the Senator from Massachu- curity Act to improve screening and of the Senator from Maine (Ms. SNOWE) setts (Mr. KERRY) was added as a co- treatment of cancers, provide for survi- was added as a cosponsor of S. 2561, a sponsor of S. 717, a bill to repeal title vorship services, and for other pur- bill to require the Secretary of the In- II of the REAL ID Act of 2005, to re- poses. terior to conduct a theme study to store section 7212 of the Intelligence S. 1661 identify sites and resources to com- Reform and Terrorism Prevention Act At the request of Mr. DORGAN, the memorate and interpret the Cold War. of 2004, which provides States addi- name of the Senator from Florida (Mr. S. 2585 tional regulatory flexibility and fund- NELSON) was added as a cosponsor of S. At the request of Mr. HARKIN, the ing authorization to more rapidly 1661, a bill to communicate United produce tamper- and counterfeit-resist- name of the Senator from Missouri States travel policies and improve (Mrs. MCCASKILL) was added as a co- ant driver’s licenses, and to protect marketing and other activities de- privacy and civil liberties by providing sponsor of S. 2585, a bill to provide for signed to increase travel in the United the enhancement of the suicide preven- interested stakeholders on a negotiated States from abroad. rulemaking with guidance to achieve tion programs of the Department of S. 2059 improved 21st century licenses to im- Defense, and for other purposes. At the request of Mrs. CLINTON, the S. 2598 prove national security. names of the Senator from Wisconsin S. 796 At the request of Mr. DORGAN, the (Mr. FEINGOLD) and the Senator from name of the Senator from Iowa (Mr. At the request of Mr. BUNNING, the Washington (Ms. CANTWELL) were name of the Senator from Illinois (Mr. HARKIN) was added as a cosponsor of S. added as cosponsors of S. 2059, a bill to 2598, a bill to increase the supply and OBAMA) was added as a cosponsor of S. amend the Family and Medical Leave 796, a bill to amend title VII of the Tar- lower the cost of petroleum by tempo- Act of 1993 to clarify the eligibility re- rarily suspending the acquisition of pe- iff Act of 1930 to provide that exchange- quirements with respect to airline rate misalignment by any foreign na- troleum for the Strategic Petroleum flight crews. Reserve. tion is a countervailable export sub- S. 2067 S. 2618 sidy, to amend the Exchange Rates and At the request of Mr. MARTINEZ, the At the request of Ms. KLOBUCHAR, the International Economic Policy Coordi- name of the Senator from Oklahoma name of the Senator from Michigan nation Act of 1988 to clarify the defini- (Mr. COBURN) was added as a cosponsor (Ms. STABENOW) was added as a cospon- tion of manipulation with respect to of S. 2067, a bill to amend the Federal sor of S. 2618, a bill to amend the Pub- currency, and for other purposes. Water Pollution Control Act relating lic Health Service Act to provide for S. 803 to recreational vessels. research with respect to various forms At the request of Mr. ROCKEFELLER, S. 2279 the name of the Senator from Rhode Is- of muscular dystrophy, including Beck- At the request of Mr. BIDEN, the er, congenital, distal, Duchenne, land (Mr. REED) was added as a cospon- name of the Senator from Maine (Ms. Emery-Dreifuss Facioscapulohumeral, sor of S. 803, a bill to repeal a provision SNOWE) was added as a cosponsor of S. enacted to end Federal matching of limb-girdle, myotonic, and 2279, a bill to combat international vio- oculopharyngeal muscular dystrophies. State spending of child support incen- lence against women and girls. S. 2672 tive payments. S. 2314 At the request of Mr. CONRAD, the S. 1003 At the request of Mr. SALAZAR, the name of the Senator from Washington At the request of Ms. STABENOW, the name of the Senator from Arkansas (Mrs. MURRAY) was added as a cospon- name of the Senator from Colorado (Mrs. LINCOLN) was added as a cospon- sor of S. 2672, a bill to provide incen- (Mr. SALAZAR) was added as a cospon- sor of S. 2314, a bill to amend the Inter- tives to physicians to practice in rural sor of S. 1003, a bill to amend title nal Revenue Code of 1986 to make geo- and medically underserved commu- XVIII of the Social Security Act to im- thermal heat pump systems eligible for nities. prove access to emergency medical the energy credit and the residential services and the quality and efficiency energy efficient property credit, and S. 2702 of care furnished in emergency depart- for other purposes. At the request of Mr. SALAZAR, the ments of hospitals and critical access S. 2372 name of the Senator from Oregon (Mr. hospitals by establishing a bipartisan At the request of Mr. SMITH, the WYDEN) was added as a cosponsor of S. commission to examine factors that af- names of the Senator from Florida (Mr. 2702, a bill to amend title XVIII of the fect the effective delivery of such serv- MARTINEZ) and the Senator from Ne- Social Security Act to improve access ices, by providing for additional pay- vada (Mr. ENSIGN) were added as co- to, and increase utilization of, bone ments for certain physician services sponsors of S. 2372, a bill to amend the mass measurement benefits under the furnished in such emergency depart- Harmonized Tariff Schedule of the Medicare part B Program. ments, and by establishing a Centers United States to modify the tariffs on S. 2723 for Medicare & Medicaid Services certain footwear. At the request of Mr. BROWN, the Working Group, and for other purposes. S. 2408 name of the Senator from New York S. 1070 At the request of Mr. KERRY, the (Mr. SCHUMER) was added as a cospon- At the request of Mr. HATCH, the names of the Senator from Tennessee sor of S. 2723, a bill to expand the den- name of the Senator from Washington (Mr. CORKER) and the Senator from Illi- tal workforce and improve dental ac- (Mrs. MURRAY) was added as a cospon- nois (Mr. DURBIN) were added as co- cess, prevention, and data reporting, sor of S. 1070, a bill to amend the So- sponsors of S. 2408, a bill to amend title and for other purposes. cial Security Act to enhance the social XVIII of the Social Security Act to re- S. 2772 security of the Nation by ensuring ade- quire physician utilization of the Medi- At the request of Mr. LIEBERMAN, the quate public-private infrastructure and care electronic prescription drug pro- name of the Senator from Indiana (Mr. to resolve to prevent, detect, treat, in- gram. BAYH) was added as a cosponsor of S.

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2772, a bill to amend title 10, United shire (Mr. SUNUNU) was added as a co- to provide stable funding for the na- States Code, to provide for the inves- sponsor of S. 2880, a bill to provide that tional aviation system, and for other tigation of suicides committed by funds made available for reconstruc- purposes. members of the Armed Forces, and for tion assistance for Iraq may be made AMENDMENT NO. 4586 other purposes. available only to the extent that the At the request of Mr. MENENDEZ, the S. 2778 Government of Iraq matches such as- name of the Senator from New York At the request of Mr. LIEBERMAN, the sistance on a dollar-for-dollar basis, (Mr. SCHUMER) was added as a cospon- name of the Senator from Indiana (Mr. and for other purposes. sor of amendment No. 4586 intended to BAYH) was added as a cosponsor of S. S. 2931 be proposed to H.R. 2881, a bill to 2778, a bill to amend title 37, United At the request of Ms. STABENOW, the amend title 49, United States Code, to States Code, to expand certain bonus name of the Senator from Colorado authorize appropriations for the Fed- and special pay authorities for mem- (Mr. SALAZAR) was added as a cospon- eral Aviation Administration for fiscal bers of the Armed Forces in order to sor of S. 2931, a bill to amend title years 2008 through 2011, to improve enhance the recruitment and retention XVIII of the Social Security Act to ex- aviation safety and capacity, to pro- of psychologists, social workers, men- empt complex rehabilitation products vide stable funding for the national tal health nurses, and other mental and assistive technology products from aviation system, and for other pur- health professionals in the Armed the Medicare competitive acquisition poses. Forces, and for other purposes. program. AMENDMENT NO. 4589 S. 2782 S. 2938 At the request of Mr. DORGAN, the At the request of Mr. SCHUMER, the At the request of Mr. THUNE, his names of the Senator from Florida (Mr. name of the Senator from West Vir- name was added as a cosponsor of S. NELSON) and the Senator from Pennsyl- ginia (Mr. ROCKEFELLER) was added as 2938, a bill to amend titles 10 and 38, vania (Mr. SPECTER) were added as co- a cosponsor of S. 2782, a bill to amend United States Code, to improve edu- sponsors of amendment No. 4589 in- the Internal Revenue Code of 1986 to cational assistance for members of the tended to be proposed to H.R. 2881, a impose a temporary windfall profit on Armed Forces and veterans in order to bill to amend title 49, United States crude oil and transfer the proceeds of enhance recruitment and retention for Code, to authorize appropriations for the tax to the Highway Trust Fund, the Armed Forces, and for other pur- the Federal Aviation Administration and for other purposes. poses. for fiscal years 2008 through 2011, to S. 2818 S. 2942 improve aviation safety and capacity, At the request of Mr. ENZI, the names At the request of Mr. CARDIN, the to provide stable funding for the na- of the Senator from Mississippi (Mr. names of the Senator from Pennsyl- tional aviation system, and for other WICKER), the Senator from Texas (Mrs. vania (Mr. SPECTER), the Senator from purposes. HUTCHISON) and the Senator from Massachusetts (Mr. KERRY) and the AMENDMENT NO. 4615 North Carolina (Mr. BURR) were added Senator from Rhode Island (Mr. as cosponsors of S. 2818, a bill to amend WHITEHOUSE) were added as cosponsors At the request of Mr. DODD, the name the Employee Retirement Income Se- of S. 2942, a bill to authorize funding of the Senator from Pennsylvania (Mr. curity Act of 1974 and the Public for the National Advocacy Center. SPECTER) was added as a cosponsor of Health Service Act to provide for en- S.J. RES. 28 amendment No. 4615 intended to be pro- hanced health insurance marketplace At the request of Mr. DORGAN, the posed to H.R. 2881, a bill to amend title pooling and relating market rating. names of the Senator from Illinois (Mr. 49, United States Code, to authorize ap- propriations for the Federal Aviation S. 2863 DURBIN) and the Senator from Michi- Administration for fiscal years 2008 At the request of Mr. VITTER, the gan (Mr. LEVIN) were added as cospon- names of the Senator from Minnesota sors of S.J. Res. 28, a joint resolution through 2011, to improve aviation safe- ty and capacity, to provide stable fund- (Mr. COLEMAN) and the Senator from disapproving the rule submitted by the ing for the national aviation system, South Dakota (Mr. THUNE) were added Federal Communications Commission as cosponsors of S. 2863, a bill to amend with respect to broadcast media owner- and for other purposes. the Internal Revenue Code of 1986 to ship. AMENDMENT NO. 4616 provide a Federal income tax credit for S. RES. 483 At the request of Mr. ENSIGN, the certain stem cell research expendi- At the request of Mr. BROWNBACK, the name of the Senator from Pennsyl- tures. name of the Senator from West Vir- vania (Mr. SPECTER) was added as a co- S. 2874 ginia (Mr. BYRD) was added as a co- sponsor of amendment No. 4616 in- At the request of Mrs. FEINSTEIN, the sponsor of S. Res. 483, a resolution rec- tended to be proposed to H.R. 2881, a name of the Senator from Idaho (Mr. ognizing the first weekend of May 2008 bill to amend title 49, United States CRAPO) was added as a cosponsor of S. as ‘‘Ten Commandments Weekend’’. Code, to authorize appropriations for 2874, a bill to amend titles 5, 10, 37, and S. RES. 543 the Federal Aviation Administration 38, United States Code, to ensure the At the request of Mr. THUNE, the for fiscal years 2008 through 2011, to fair treatment of a member of the names of the Senator from Utah (Mr. improve aviation safety and capacity, Armed Forces who is discharged from HATCH) and the Senator from Maine to provide stable funding for the na- the Armed Forces, at the request of the (Ms. COLLINS) were added as cosponsors tional aviation system, and for other member, pursuant to the Department of S. Res. 543, a resolution designating purposes. of Defense policy permitting the early the week beginning May 11, 2008, as AMENDMENT NO. 4618 discharge of a member who is the only ‘‘National Nursing Home Week’’. At the request of Mr. SCHUMER, the surviving child in a family in which the AMENDMENT NO. 4580 name of the Senator from New Jersey father or mother, or one or more sib- At the request of Mr. WYDEN, the (Mr. LAUTENBERG) was added as a co- lings, served in the Armed Forces and, names of the Senator from Pennsyl- sponsor of amendment No. 4618 in- because of hazards incident to such vania (Mr. SPECTER) and the Senator tended to be proposed to H.R. 2881, a service, was killed, died as a result of from Oregon (Mr. SMITH) were added as bill to amend title 49, United States wounds, accident, or disease, is in a cosponsors of amendment No. 4580 in- Code, to authorize appropriations for captured or missing in action status, or tended to be proposed to H.R. 2881, a the Federal Aviation Administration is permanently disabled, and for other bill to amend title 49, United States for fiscal years 2008 through 2011, to purposes. Code, to authorize appropriations for improve aviation safety and capacity, S. 2880 the Federal Aviation Administration to provide stable funding for the na- At the request of Mr. GREGG, the for fiscal years 2008 through 2011, to tional aviation system, and for other name of the Senator from New Hamp- improve aviation safety and capacity, purposes.

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.001 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 7617 AMENDMENT NO. 4621 Part of the reason food is going up on from outside our country, to come into At the request of Mr. ISAKSON, the the retail shelf of the supermarket our refineries and to go out of the gas names of the Senator from Colorado today is the cost of getting it there, let pump to the consumer. In fact, you can (Mr. SALAZAR) and the Senator from alone the cost of producing and refin- see that the red line—demand—has Maryland (Ms. MIKULSKI) were added as ing it. Many truckers are saying that gone up dramatically as our economy cosponsors of amendment No. 4621 in- just to fill up their truck now can be as continued to grow over the years, as tended to be proposed to H.R. 2881, a much as $1,000. They are not able to more people were driving cars, and as bill to amend title 49, United States change their freight rates to adjust as more cars consumed more gas. Code, to authorize appropriations for quickly to the high cost of energy, and The only way you are going to keep the Federal Aviation Administration they simply have to—this is the term— price down is when the supply line and for fiscal years 2008 through 2011, to ‘‘eat it.’’ Well, they cannot afford to the demand line are somewhat in con- improve aviation safety and capacity, eat it. Oftentimes, those trucks are cert, somewhat tracking each other. to provide stable funding for the na- simply turning off their motors and That simply stopped in the 1950s, as we tional aviation system, and for other sitting idle. began to grow increasingly dependent purposes. So the impact of energy costs on our upon foreign nations. f economy can be dramatic. I came to We passed the Energy Policy Act of the floor yesterday to talk about it and 2005, but it wasn’t really directed at STATEMENTS ON INTRODUCED to say that, in large part, the Amer- BILLS AND JOINT RESOLUTIONS transportation fuels. Last year, we ican consumer, in their frustration, is added to that and we began to address By Mr. CRAIG (for himself, Mr. saying: Whom do we blame? I don’t transportation fuels. We brought eth- WARNER, and Mr. INHOFE): think they have to look any further anol into the market by subsidizing S. 2953. A bill to provide for the de- than the U.S. Congress and the failure that and allowing our farmers, and velopment and inventory of certain of this Congress—the House and Sen- those who take corn from them, to outer Continental Shelf resources, to ate—over the last 20 years to do the produce ethanol to become increas- suspend petroleum acquisition for the things that were necessary to continue ingly effective in the market. That is Strategic Petroleum Reserve, and for production, to ensure refinery capac- working to some degree. In fact, it is other purposes; to the Committee on ity, to ensure exploration and the de- estimated today that 20 cents would be Energy and Natural Resources. velopment of reserves, while we were put on the price of gas at the pump if Mr. CRAIG. Mr. President, during doing all of the other things in con- it wasn’t for national and rural ethanol consideration of the reauthorization of servation, in CAFE standards, assuring production. Now, it has caused other the FAA, a great deal of conversation that we had a new form of transpor- has gone on on this floor about energy problems. Some would argue that it tation energy. But, no, we have failed has caused problems in the food chain, and the cost of energy. It is appro- to do the right things, and as a result priate that we talk about it at a time and it probably has. I think the mar- of that, the American consumer is, in ketplace will work that out. So there when our airlines are struggling and we fact, paying a great deal for our fail- are attempting to reauthorize FAA. are things we have been doing. ure. But I think, most importantly, it is Part of the reason our airlines are What do we do to change that? In- struggling is the unprecedented avia- the things we have not done. It is the stead of just wringing our hands, there failure of our country to recognize the tion fuel prices. It is only one of the are all kinds of ideas out there about many reasons they are having dif- increased dependency we were devel- changing it. oping from other countries around the ficulty today, but clearly the doubling Some would suggest that you just tax world. I think that has become one of of their costs are putting at risk their the big oil companies; if you just tax our greater frustrations. While you corporate structure and their ability to those big oil companies and put that have some on the campaign trail today serve an American public. money somewhere else, that will solve But it is not just the airlines that are the problem. There is an old adage in talking about taxing the big oil compa- at risk. Every American consumer and economics that is quite simple: You nies, the big oil companies don’t own every business is finding the tremen- usually get less of that which you tax. the oil. It is the cartels. It is the na- dous increase in the cost of energy a In other words, the higher you tax tions. It is not oil companies, it is oil significant problem. For example, just something, the less you are going to countries that we have to worry about a few minutes ago, my BlackBerry get from it. Do you want to, by tax- today. buzzed. My wife Suzanne is out in ation, nationalize America’s inde- I didn’t coin the phrase, but I use the Boise, ID. I got an e-mail about the pendent oil companies? Is that a way phrase quite often, ‘‘petro-nation- temperature, which is 31 degrees in to get production and more oil and gas alism.’’ If I am a country and I am Boise this morning. At the bottom of at the pump? Remember, there are not small but I am sitting on a pool of oil, the e-mail, she said regular gas just hit any gas lines out there today. There I become rich overnight. The reason I $3.53 a gallon. That is a lot of money. aren’t the kinds of lines we saw in the become rich overnight is because Now, that is not as much as others are 1970s during the last energy crisis. Americans will come and buy my oil. If paying across our Nation, but when an There is supply. It is the cost of supply I want to form a cartel and I want to Idahoan fills their tank and they go that we are frustrated about and the control the supply of that oil, then from community to community, often- impact that cost is having on our econ- they will pay even more for it because times they drive hundreds of miles— omy. Americans quit producing for them- not just a few miles but literally hun- Here is one of the problems we have. selves. dreds of miles. Idaho is a great big I talked about a Congress that failed, a Here is a statistic that I find fas- Western State. Our distance is often- public policy that failed, a policy that cinating, and some have said that if we times a significant part of our com- failed to continue to produce as de- don’t stop this in the near future, we merce and our ability to conduct eco- mand went dramatically up—not just will spend our Nation into poverty as nomic activity, and fuel prices have al- in this country but around the world. we spend all of this money on oil. We ways been significant and important. The blue line on this chart is the sup- are now spending well over $1 billion a Idaho is also a large agricultural ply line. As you can see, in the 1990s it day outside our country to buy oil. State. The cost of the production of peaked and it began to drop. That is, of That is a phenomenal figure. Our foods today has gone up dramatically course, U.S. production versus U.S. neighbors to the north, we send them because of the cost of diesel, if you consumption. In other words, as a na- $280 million a day; to Saudi Arabia, we will, the cost of fertilizer, and all of tion we began to produce less and less send $190 million a day; to Venezuela those components that go into the pro- crude oil into our refineries. and Dictator Chavez, we send $160 mil- duction of food and the transporting of Today, we are near 60 percent de- lion; to Nigeria, we send $140 million; the food. pendent upon other sources of energy, to Algeria, we send $70 million. Do

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.001 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7618 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 May 1, 2008 Venezuela and Nigeria and Algeria wringing their hands, we went to work. in and develop. Just 90 miles—45 miles have our best interests in mind? I don’t We went to work and we looked at oil until you hit the zone—90 miles off our believe so. They have their own inter- sales in the gulf and the development coast on the extreme of the Florida ests in mind. We are literally making in the Outer Continental Shelf in the Keys there are foreign nations drilling them wealthy because we are buying deep waters of the Gulf of Mexico. oil today. India is there, and India has their oil. Thanks to our effort, we did some- now discovered oil. China is there, and Many of us talk about energy inde- thing. The American consumer needs China has now discovered oil. We are pendence, and last year when we passed to know we went into lease sale 181 off not there today because our policy is 45 that legislation I was talking about, the coast of Florida. We looked at and years old and still says: No, no, Ameri- the Energy Independence and Security found a tremendous amount of capa- cans cannot get involved with Cuba, Act of 2007, we did some very good bility there and we began to develop it even though we believe Cuba has phe- things in it. As I said, we looked at in- and we are developing it today. We nomenal potential oil reserves. Shame creasing production by conservation, have allowed other lease sales to occur. on us. by CAFE standards, and by renewable That is tremendously important. We America, listen up: It is Government fuels standards. We said to the auto- are beginning to tap some of that oil policy today in large part that has mobile industry: You have to design supply that we know is out there and caused you the pain at the pump, and cars that burn less, and in doing that, about which we ought to be doing it is very important that Government we will improve our overall position on more. That is what I think is impor- act today to reduce that pain. dependency by dropping it signifi- tant, and that is on what I think we The legislation I am offering would cantly by 2030. But it takes a long time ought to be focused. create an inventory that would do just to redesign a car, make it efficient, To sit and wring our hands and tell that. It would allow us to know what produce it, and then sell it into the the American people there is nothing our reserves are. market. we can do, and all we are going to do is We have moratoriums off the coast of Those are the realities of a problem go out and tax and tax, which will not Florida, and yet we know there are where you cannot just fix this tomor- produce—we ought to be talking about huge oil reserves out there. Why are we row. We cannot just change the price of production. The legislation I have in- not doing something about it? Well, it gas at the pump tomorrow because we troduced today talks about production. is local politics. It is national politics. cannot fix the underlying problems in- It talks about production in a positive It is green politics. It is politics. That stantly. But as I said earlier, if Con- way. is why we have the price of oil we have gress is at fault, the problem in this, I mentioned a few moments ago the today, nothing more and nothing less then Congress ought to be doing more action we took last year in lease sale but politics, and our economy is grow- about it. And it is not just wringing 181. We were successful in bringing ing more fragile by the moment be- your hands and wanting to tax. It is Florida along in their cooperation and cause of it. doing things that get us back into pro- understanding, which was phenome- Is it demagogic to say that? I don’t duction while we learn to conserve, nally important. think so. I don’t think so at all. I while we have cleaner automobiles, We know there are millions of barrels pulled out the sign, the no zone. The no while we look at alternative fuel of oil and trillions of cubic feet of gas is a result of politics, whether it is the sources, while we get more hybrid cars out there. What is most significant politics of the State of Florida or the and electric plug-in cars in the market. about oil development in this region is politics of the State of California or That is all coming, but that is 10 years, that the infrastructure is in place. whether it is the national politics of 15 years, and 20 years out. What do I mean? Refineries, pipelines, this Senate that will not allow for us What do we do in the interim? I be- capacity. We don’t have to wait 5, 6, to drill for the reserves in what is lieve there is something we can do, and and 7 years just to build the infrastruc- known as ANWR, the Alaskan national we ought to do. In America today and ture. It is there, and the oil is under it. wildlife area, where we know there is in our territorial waters we are sitting That is why we did lease sale 181. But phenomenal abundance. still on a lot of oil, a dramatic amount there is a lot more we can and should It was all done, all of this no, this po- of oil. Some would argue under old U.S. do. That is why the legislation I have litical no was all done in the name of Geological Survey analysis that we are introduced today does just that. It the environment. There was some rea- sitting on at least 100 billion barrels of doesn’t start drilling, but it says a cou- son at the time these old ideas were oil. If we are sitting on it, why aren’t ple of things that are quite simple. put in place. We had the oil spills off we using it? Once again, the politics of As we have heard others talk about the coast of Santa Barbara, and as a re- Congress and the politics of States the fact we are putting money into the sult of that, Americans were con- enter into the debate. Strategic Petroleum Reserve at this cerned. So California said no more A couple of years ago, I began to talk time, we are buying oil off the market drilling there, and then we followed up. about an issue I called the no zone. and putting it underground in the salt A few years ago, we had a great na- What was I talking about at the time? domes in the South for a time of neces- tional tragedy in the gulf area of our I was talking about that area of the sity, I suggest we stop doing that for country. That tragedy was called United States and Outer Continental the time being, and I suggest we take Katrina. She came rolling up and Shelf of waters that we knew had large that money we are using for those pur- through the gulf. We know what she volumes of oil. But California said no. poses and we modernize our inventory did in New Orleans. She did something We said no in Alaska. We have said no of our known reserves, our unknown re- else nobody wants to talk about today. off the east coast. We have said no serves, and our capacity because the She knocked offline hundreds of oil around Florida. Because we have said true SPR—SPR means Strategic Petro- wells that were producing out in the no, the American consumer today is leum Reserve—the greatest reserve in gulf—knocked them off. She even set paying the highest price for gasoline the world is to know what we have, some of the drilling rigs adrift. But not ever. That is a fact. It is a simple re- where it is, and how we can access it. a drop of oil was spilled. Why? Because ality. Our dependency on foreign na- That is one of the most important modern technology today and Amer- tions grew. As I just expressed, over 60 things we can do for the consumers of ican know-how and a concern for pro- percent of our oil is coming from out- America today. tecting our environment has produced side the continental United States I know it frustrated some of my Flo- one of the cleanest deepwater oil drill- when we know there is a significant ridian friends when I talked about our ing industries in the world. We are pro- amount of oil outside the continent. inability because of policy to allow our ducing in this area of the gulf off the When I introduced this chart a couple companies to go in to the northern coast of Texas, off the coast of Lou- of years ago and I began to talk about area off Cuba and drill because Cuba isiana, off the coast of Mississippi, and the no zone and there were a few folks was allowing other countries to come with 181, we just brought into or soon

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.001 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 7619 will be bringing into production off the oil gets to $125 a barrel, we ought to low there on the west coast of Florida coast of Alabama. Why not off the give the States the option to allow the that he indicates for future drilling— coast of Florida? Why not off the coast development of the Outer Continental would he recognize almost that entire of California? Why not off the coast of Shelf off their State. You darn bet we area is the largest testing and training the Carolinas, Virginia, and on up ought to, and those States ought to be area for the U.S. military in the world? where we believe there is significant rewarded for it. The military is on record at all levels, gas and oil reserves? There is so much this country can of all generals and admirals, that drill- It is old politics of the past that is continue to do instead of standing still ing should not be done in that area to caught in the ghosts of Santa Barbara and wringing our hands and trying to compromise our training and testing of decades ago. Yet our technology blame somebody else for our failure mission for the U.S. military. today will take us there, but our poli- over the last 20 years to continue to Mr. CRAIG. I do recognize that. I do tics will not take us there. That is why allow this great country to produce for appreciate what our military has said. I have introduced the legislation I its consumers. I also understand a few years ago we have. The least we can do is inventory Mr. WARNER. Mr. President, will the took offline a naval training area in with modern technology to know where Senator yield for 10 seconds? Vieques. Why? It was no longer a pop- our oil is. Mr. CRAIG. I will be happy to yield ular thing to do. I notice the president of Shell said in to the senior Senator from Virginia. If there is oil under this area—and we a press release the other day: If Ameri- Mr. WARNER. Mr. President, I com- believe there is—and it is a training cans sent a message to the world that mend him for this initiative, but I hope area, why couldn’t we train here? Or we were going to start drilling our own he says ‘‘oil and gas’’ because off the why couldn’t we train over here? The reserves and bringing them into pro- east coast there is an abundance of gas, reality is, what is at this time more duction, the price of gas at the pump as shown by the previous studies. As he valuable? It is very easy to say don’t do it. Or would drop dramatically, 25 or 30 cents says, they have to be brought up to is it possible to say can we do both? a gallon or more. That is significant date. Do let us invoke gas because There are a good many experts and pro- stuff, both short term and long term, along the beaches—and I, as the Sen- fessionals in the field who said that. to the economy of this country. ator knows, twice tried to get legisla- I say to my colleagues, I say to our tion through, and a collection of Sen- We can have a military training area, and guess what we also can do. We can country, and I say to our consumers: Is ators—and I say this in a lighthearted pull the oil out from under. How do you it a time to act? You bet it is a time to way; I call them the beach boys—will do it? Quite simply. You put a location, act. While some suggest we tax the big not permit this for fear that pollution a location and you slant drill thou- boys out of existence, we do not could emanate from the drilling proc- sands of feet and you do not have to produce anything by doing that, while ess onto their beaches. pepper the area with all kinds of drill- we can create all kinds of other struc- I suggest let’s start with gas. There ing rigs. tures. Do we produce more, do we build would not be any potential for the ero- sion of beaches as a consequence of an Today’s technology is amazing. It is refinery capacity, and do we assure the politically comfortable, I appreciate American public while we are accidental spill. I do hope the Senator puts in the word ‘‘gas.’’ that, and I understand the State’s poli- transitioning into hybrid cars and elec- tics and I do not deny that—but this is tric cars and hydrogen cars and all of Mr. CRAIG. Mr. President, I thank the senior Senator from Virginia. He is not the oil of the State of Florida. This those kinds of activities that we sup- is the oil of the citizens of our country. port and are doing research and devel- absolutely right. When I think oil, I think gas because, obviously, in lease It is the politics of Florida today that opment on today that they will still deny us the oil, not the politics of have an abundant supply of energy? sale 181 and in other areas where there is gas, there is oftentimes oil, and of- America. So it is a simple question: That is our job. That is the job we Should we inventory it? Should we failed in doing over the last good num- tentimes where there is gas, there is no oil. We believe that to be the case off know what it is? And should we, under ber of years, and that is the job we modern technology, reward the State ought to stop and start over and do it the coast of Virginia. The Senator from Virginia has been a of Florida for the potential benefit? right and reward the States that are leader, without doubt, in that very It is ironic we did not move at all to the boundary States to the production kind of effort to allow at least the seis- stop drilling 45 miles off the Florida of the Outer Continental Shelf. mographic effort, the exploration that coast. We could even take a 45-mile We have huge oil reserves in this zone here, or more, consistent with country, and yet we are letting the rest would determine for us the kinds of re- serves we have and may have for the what is going on in Florida today and of the world have our wealth. Why not still protect this. keep our wealth in this country by the future. I thank the Senator from Virginia for But the Senator is right. It is a mili- development of these reserves? tary area. Guess what. I am kind of a The first step is the legislation I have his leadership in this area. Mr. WARNER. Mr. President, I thank modern guy. I believe in technology introduced today. Let’s at least in the my good friend from Idaho. I also em- taking us where we can go and having next few years do the inventory, the phasize that the technology to do it the best of both worlds. But right now modern, sophisticated seismographic safely and not be the victim of a dis- the American consumer has the worst inventory that USGS can do to let us ruption by Mother Nature is there. of the world we have created for know how much is out there because Mr. CRAIG. Without question it is them—a scarcity of a supply that is what we know today is simply old there today, and we know that. We are driving costs and impacting our econ- stuff. Those efforts were done years the leaders of clean drilling in deep omy in a significant way. ago. Already out at the edge of this water for the world, no question. I suggest the legislation I have intro- green line in the deepest waters in the Mr. WARNER. I thank the Senator. I duced, while it will not impact the gulf under the newest drilling tech- wish him well. He has my support. State of Florida, will give us a base and nologies, we are finding phenomenal oil Mr. NELSON of Florida. Mr. Presi- an understanding and knowledge of that just a few years ago we did not dent, will the Senator further yield? what we have as a reserve. We are even know we could get to. We are get- Mr. CRAIG. I will be happy to yield spending millions of dollars a day to ting to it. We are producing it. It is to the Senator from Florida. buy oil and put it in the ground when, clean, and it is environmentally sound. Mr. NELSON of Florida. Would the in fact, we ought to spend a few million We ought to be doing that everywhere Senator mind putting up his map with dollars and find out about all the oil we else. the State of Florida on it? already have. I have joined my colleague from Lou- Mr. CRAIG. I am more than happy to. isiana who just came to the floor, who Mr. NELSON of Florida. Would the By Mr. LEVIN (for himself, Mr. introduced legislation that says when Senator recognize that the area in yel- COLEMAN, and Mr. OBAMA):

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.001 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7620 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 May 1, 2008 S. 2956. A bill to ensure that persons ment’s ability to gain access to true to comply with FATF anti-money who form corporations in the United beneficial ownership information laundering standards. States disclose the beneficial owners of slows, confuses or impedes the efforts The bill being introduced today is the those corporations, in order to prevent by investigators to follow criminal pro- product of years of work by the U.S. wrongdoers from exploiting United ceeds. This is the case in financial Senate Permanent Subcommittee on States corporations for criminal gain, fraud, terrorist financing and money Investigations, on which I, Senator to assist law enforcement in detecting, laundering investigations. . . . It is im- COLEMAN, and Senator OBAMA serve to- preventing, and punishing terrorism, perative that States maintain bene- gether. As long ago as 2000, the Govern- money laundering, and other mis- ficial ownership information while the ment Accountability Office, GAO, at conduct involving United States cor- company is active and to have a set my request, conducted an investigation porations, and for other purposes; to time frame for preserving those and released a report entitled, Sus- the Committee on Homeland Security records. . . . Shell companies can be picious Banking Activities: Possible and Governmental Affairs. sold and resold to several beneficial Money Laundering by U.S. Corpora- Mr. LEVIN. Mr. President, I am in- owners in the course of a year or less. tions Formed for Russian Entities. troducing today, with my colleagues . . . By maintaining records not only of This report revealed that one person Senator COLEMAN and Senator OBAMA, the initial beneficial ownership but of was able to set up more than 2,000 the Incorporation Transparency and the subsequent beneficial owners, Delaware shell corporations and, with- Law Enforcement Assistance Act. This States will provide law enforcement out disclosing the identity of the bene- bill tackles a longstanding homeland the tools necessary to clearly identify ficial owners, open U.S. bank accounts security problem involving inadequate the individuals who utilized the com- for those corporations, which then col- State incorporation practices that pany at any given period of time.’’ lectively moved about $1.4 billion leave this country unnecessarily vul- These types of complaints by U.S. through the accounts. It is one of the nerable to terrorists, criminals, and law enforcement, their pleas for assist- earliest Government reports to give other wrongdoers, hinder law enforce- ance, and their warnings about the some sense of the law enforcement ment, and damage the international dangers of anonymous U.S. corpora- problems caused by U.S. corporations stature of the U.S. tions operating here and abroad are with unknown owners. It sounded the The problem is straightforward. Each catalogued in a stack of reports and alarm sounded 8 years ago, but to little year, the States allow persons to form hearing testimony from the Depart- effect. nearly 2 million corporations and lim- ment of Justice, the Department of In April 2006, in response to a Levin- ited liability companies in this country Homeland Security, the Financial Coleman request, GAO released a re- without knowing—or even asking—who Crimes Enforcement Network of the port entitled, Company Formations: the beneficial owners are behind those Department of the Treasury, the Inter- Minimal Ownership Information Is Col- corporations. Right now, a person nal Revenue Service, and others. lected and Available, which reviewed forming a U.S. corporation or limited To add insult to injury, our law en- the corporate formation laws in all 50 liability company, LLC, provides less forcement officials have too often had States. GAO disclosed that the vast information to the State than is re- to stand silent when asked by their majority of the States don’t collect quired to open a bank account or ob- counterparts in other countries for in- any information at all on the bene- tain a driver’s license. Instead, States formation about who owns a U.S. cor- ficial owners of the corporations and routinely permit persons to form cor- poration committing crimes in their LLCs formed under their laws. The re- porations and LLCs under State laws jurisdictions. The reality is that the port also found that many States have without disclosing the names of any of United States is as bad as any offshore established automated procedures that the people who will control or benefit jurisdiction when it comes to respond- allow a person to form a new corpora- from them. ing to those requests—we can’t answer tion or LLC within the State within 24 It is a fact that criminals are exploit- them because we don’t have the infor- hours of filing an online application ing this weakness in our State incorpo- mation. without any prior review of that appli- ration practices. They are forming new In 2006, the leading international cation by a State official. In exchange U.S. corporations and LLCs, and using anti-money laundering body in the for a substantial fee, two States will these entities to commit crimes rang- world, the Financial Action Task Force even form a corporation or LLC within ing from terrorism to drug trafficking, on Money Laundering—known as one hour of a request. After examining money laundering, tax evasion, finan- FATF—issued a report criticizing the these State incorporation practices, cial fraud, and corruption. Law en- U.S. for its failure to comply with a the GAO report described the problems forcement authorities investigating FATF standard requiring countries to that the lack of beneficial ownership these crimes have complained loudly obtain beneficial ownership informa- information has caused for a range of for years about the lack of beneficial tion for the corporations formed under law enforcement investigations. ownership information. their laws. This standard is one of 40 In November 2006, our Subcommittee Last year, for example, the U.S. De- FATF standards that this country has held a hearing further exploring this partment of the Treasury sent a letter publicly committed itself to imple- issue. At that hearing, representatives to the States stating: ‘‘the lack of menting as part of its efforts to pro- of the U.S. Department of Justice, transparency with respect to the indi- mote strong anti-money laundering DOJ, the Internal Revenue Service, and viduals who control privately held for- laws around the world. the Department of Treasury’s Finan- profit legal entities created in the U.S. FATF gave the U.S. 2 years, until cial Crimes Enforcement Network, continues to represent a substantial July 2008, to make progress toward FinCEN, testified that the failure of vulnerability in the U.S. anti-money coming into compliance with the FATF States to collect adequate information laundering/counter terrorist financing, standard on beneficial ownership infor- on the beneficial owners of the legal AML/CFT, regime. . . . [T]he use of U.S. mation. That deadline is right around entities they form has impeded Federal companies to mask the identity of the comer, but we have yet to make efforts to investigate and prosecute criminals presents an ongoing and sub- any real progress. That is another rea- criminal acts such as terrorism, money stantial problem . . . for U.S. and glob- son why we are introducing this bill laundering, securities fraud, and tax al law enforcement authorities.’’ today. Enacting the bill would bring evasion. At the hearing, DOJ testified: Last month, Secretary Michael the U.S. into compliance with the ‘‘We had allegations of corrupt foreign Chertoff, head of the U.S. Department FATF standard by requiring the States officials using these [U.S.] shell ac- of Homeland Security, wrote the fol- to obtain beneficial ownership informa- counts to launder money, but were un- lowing: ‘‘In countless investigations, tion for the corporations formed under able—due to lack of identifying infor- where the criminal targets utilize shell their laws. It would ensure that the mation in the corporate records—to corporations, the lack of law enforce- U.S. met its international commitment fully investigate this area.’’ The IRS

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.001 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 7621 testified: ‘‘Within our own borders, the come up with their own solution. After tities each year without knowing who laws of some states regarding the for- the Subcommittee’s hearing on this is behind them, and bring the U.S. into mation of legal entities have signifi- issue, for example, the National Asso- compliance with its international com- cant transparency gaps which may ciation of Secretaries of State, NASS, mitments. even rival the secrecy afforded in the convened a 2007 task force to examine The bill’s provisions would require most attractive tax havens.’’ FinCEN State incorporation practices. At the the States to obtain a list of the bene- identified 768 incidents of suspicious request of NASS and several States, I ficial owners of each corporation or international wire transfer activity in- delayed introducing legislation while LLC formed under their laws, to main- volving U.S. shell companies. they worked on a proposal to require tain this information for 5 years after In addition, last year, when listing the collection of beneficial ownership the corporation is terminated, and to the ‘‘Dirty Dozen’’ tax scams for 2007, information. My Subcommittee staff provide the information to law enforce- the IRS highlighted shell companies participated in multiple conferences, ment upon receipt of a subpoena or with unknown owners as number four telephone calls, and meetings; sug- summons. If enacted, this bill would on the list, as follows: gested key principles; and provided ensure, for the first time, that law en- ‘‘4. Disguised Corporate Ownership: Domes- comments to the Task Force. forcement seeking beneficial ownership tic shell corporations and other entities are In July 2007, the NASS task force information from a State about one of being formed and operated in certain states issued a proposal. Rather than cure the its corporations or LLCs would not be for the purpose of disguising the ownership problem, however, the proposal was full turned away empty-handed. of the business or financial activity. Once of deficiencies, leading the Treasury The bill would also require corpora- formed, these anonymous entities can be, Department to state in a letter that tions and LLCs to update their bene- and are being, used to facilitate under- reporting of income, non-filing of tax re- the NASS proposal ‘‘falls short’’ and ficial ownership information in an an- turns, listed transactions, money laundering, ‘‘does not fully address the problem of nual filing with the State of incorpora- financial crimes and possibly terrorist fi- legal entities masking the identity of tion. If a State did not require an an- nancing. The IRS is working with state au- criminals.’’ nual filing, the information would have thorities to identify these entities and to Among other shortcomings, the to be updated each time the beneficial bring their owners into compliance.’’ NASS proposal does not require States ownership changed. That is not all. Dozens of Internet to obtain the names of the natural in- In the special case of U.S. corpora- websites advertising corporate forma- dividuals who would be the beneficial tions formed by non-U.S. persons, the tion services highlight the fact that owners of a U.S. corporation or LLC. bill would go farther. Following the some of our States allow corporations Instead, it would allow States to ob- lead of the Patriot Act which imposed to be formed under their laws without tain a list of a company’s ‘‘owners of additional due diligence requirements asking for the identity of the beneficial record’’ who can be, and often are, off- on certain financial accounts opened owners. These websites explicitly point shore corporations or trusts. The NASS by non-U.S. persons, our bill would re- to anonymous ownership as a reason to proposal also doesn’t require the States quire additional due diligence for cor- incorporate within the U.S., and often themselves to maintain the beneficial porations beneficially owned by non- list certain States alongside notorious ownership information, or to supply it U.S. persons. This added due diligence offshore jurisdictions as preferred loca- to law enforcement upon receipt of a would have to be performed—not by tions for the formation of new corpora- subpoena or summons. The proposal the States—but by the persons seeking tions, essentially providing an open in- also fails to require the beneficial own- to establish the corporations. These vitation for wrongdoers to form enti- ership information to be updated over incorporators would have to file with ties within the U.S. time. These and other flaws in the pro- the State a written certification from a One website, for example, set up by posal have been identified by the corporate formation agent residing an international incorporation firm, Treasury Department, the Department within the State attesting to the fact advocates setting up companies in of Justice, myself, and others, but that the agent had verified the identity Delaware by saying: ‘‘DELAWARE—An NASS has given no indication that the of the non-U.S. beneficial owners of the Offshore Tax Haven for Non US Resi- flaws will be corrected. corporation by obtaining their names, dents.’’ It cites as one of Delaware’s ad- It is deeply disappointing that the addresses, and passport photographs. vantages that: ‘‘Owners’ names are not States, despite the passage of more The formation agent would be required disclosed to the state.’’ Another than one year, have been unable to de- to retain this information for a speci- website, from a U.K. firm called vise an effective proposal. Part of the fied period of time and produce it upon ‘‘formacompany-offshore.com,’’ lists difficulty is that the States have a request. the advantages to incorporating in Ne- wide range of practices, differ on the The bill would not require the States vada. Those advantages include: ‘‘No extent to which they rely on incorpora- to verify the ownership information I.R.S. Information Sharing Agree- tion fees as a major source of revenue, provided to them by a formation agent, ment’’ and ‘‘Stockholders are not on and differ on the extent to which they corporation, LLC, or other person fil- Public Record allowing complete ano- attract non-U.S. persons as ing an incorporation application. In- nymity.’’ incorporators. In addition, the States stead, the bill would establish Federal Despite this type of advertising, are competing against each other to at- civil and criminal penalties for anyone years of law enforcement complaints, tract persons who want to set up U.S. who knowingly provided a State with and mounting evidence of abuse, many corporations, and that competition cre- false beneficial ownership information of our States are reluctant to admit ates pressure for each individual State or intentionally failed to provide the there is a problem with establishing to favor procedures that allow quick State with the information requested. U.S. corporations and LLCs with un- and easy incorporations. It is a classic The bill would also exempt certain known owners. Too many of our States case of competition causing a race to corporations from the disclosure obli- are eager to explain how quick and the bottom, making it difficult for any gation. For example, it would exempt easy it is to set up corporations within one State to do the right thing and re- all publicly-traded corporations and their borders, without acknowledging quest the names of the beneficial own- the entities they form, since these cor- that those same quick and easy proce- ers. porations are already overseen by the dures enable wrongdoers to utilize U.S. That is why we are introducing Fed- Security and Exchange Commission corporations in a variety of crimes and eral legislation today. Federal legisla- SEC. It would also allow the States, tax dodges both here and abroad. tion is needed to level the playing field with the written concurrence of the Since 2006, the Subcommittee has among the States, set minimum stand- Homeland Security Secretary and the worked with the States to encourage ards for obtaining beneficial ownership U.S. Attorney General, to identify cer- them to recognize the homeland secu- information, put an end to the practice tain corporations, either individually rity problem they’ve created and to of States forming millions of legal en- or as a class, that would not have to

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.002 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7622 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 May 1, 2008 list their beneficial owners, if requiring issue a rule requiring formation agents Unfortunately, today, the corporate such ownership information would not to establish anti-money laundering form has too often been corrupted into serve the public interest or assist law programs to ensure they are not form- serving those wishing to conceal their enforcement in their investigations. ing U.S. corporations or LLCs for identities and commit crimes or dodge These exemptions are expected to be criminals or other wrongdoers. GAO taxes without alerting authorities. It is narrowly drafted and rarely granted, would also be asked to conduct a study past time to stop this misuse of the but are intended to provide the States of existing State formation procedures corporate form. But if we want to stop and Federal law enforcement added for partnerships and trusts. inappropriate corporate secrecy off- flexibility to fine-tune the disclosure We have worked hard to craft a bill shore, we need to stop it here at home obligation and focus it where it is most that would address, in a fair and rea- as well. needed to stop crime, tax evasion, and sonable way, the homeland security For these reasons, I urge my col- other wrongdoing. problem created by States allowing the leagues to support this legislation and Another area of flexibility in the bill formation of millions of U.S. corpora- put an end to incorporation practices involves privacy issues. The bill delib- tions and LLCs with unknown owners. that promote corporate secrecy and erately does not take a position on the What the bill comes down to is a sim- render the United States and other issue of whether the States should ple requirement that States change countries vulnerable to abuse by U.S. make the beneficial ownership infor- their incorporation applications to add corporations with unknown owners. mation they receive available to the a question requesting the names and Mr. President, I ask unanimous con- sent that the text of the bill and a bill public. Instead, the bill leaves it en- addresses of the prospective beneficial summary be printed in the RECORD. tirely up to the States to decide wheth- owners. That is not too much to ask to er and under what circumstances to There being no objection, the mate- protect this country and the inter- rial was ordered to be printed in the make beneficial ownership information national community from U.S. cor- RECORD, as follows. available to the public. The bill explic- porations engaged in wrongdoing and itly permits the States to place restric- S. 2956 to help law enforcement track down tions on providing beneficial ownership Be it enacted by the Senate and House of Rep- the wrongdoers. information to persons other than gov- resentatives of the United States of America in For those who say that, if the United Congress assembled, ernment officials. The bill focuses in- States tightens its incorporation rules, stead only on ensuring that law en- SECTION 1. SHORT TITLE. new companies will be formed else- This Act may be cited as the ‘‘Incorpora- forcement and Congress, when equipped where, it is appropriate to ask exactly tion Transparency and Law Enforcement As- with a subpoena or summons, are given where they will go? Every country in sistance Act’’. ready access to the beneficial owner- the European Union is already required SEC. 2. FINDINGS. ship information collected by the to get beneficial information for the Congress finds the following: States. (1) Nearly 2,000,000 corporations and lim- To ensure that the States have the corporations formed under their laws. ited liability companies are being formed funds needed to meet the new bene- Most offshore jurisdictions already re- under the laws of the States each year. ficial ownership information require- quest this information as well, includ- (2) Very few States obtain meaningful in- ments, the bill makes it clear that ing the Bahamas, Cayman Islands, Jer- formation about the beneficial owners of the sey, and the Island of Man. Our States corporations and limited liability companies States can use their DHS State grant formed under their laws. funds for this purpose. Every State is should be asking for the same owner- ship information, but they don’t, and (3) A person forming a corporation or lim- guaranteed a minimum amount of DHS ited liability company within the United grant funds every year and may receive there is no indication that they will States typically provides less information to funds substantially above that min- any time in the near future, unless re- the State of incorporation than is needed to imum. Every State will be able to use quired to do so. obtain a bank account or driver’s license and all or a portion of these funds to mod- I wish Federal legislation weren’t typically does not name a single beneficial ify their incorporation practices to necessary. I wish the States could solve owner. this homeland security problem on (4) Criminals have exploited the weak- meet the requirements in the Act. The nesses in State formation procedures to con- bill also authorizes DHS to use appro- their own, but ongoing competitive pressures make it unlikely that the ceal their identities when forming corpora- priated funds to carry out its respon- tions or limited liability companies in the sibilities under the Act. These provi- States will reach agreement. We have United States, and have then used the newly sions will ensure that the States have waited more than a year already with created entities to commit crimes affecting the funds needed for the modest com- no real progress to show for it, despite interstate and international commerce such pliance costs involved with amending repeated pleas from law enforcement. as terrorism, drug trafficking, money laun- their incorporation forms to request Federal legislation is necessary to re- dering, tax evasion, securities fraud, finan- duce the vulnerability of the United cial fraud, and acts of foreign corruption. the names of beneficial owners. (5) Law enforcement efforts to investigate It is common for bills establishing States to wrongdoing by U.S. corpora- tions with unknown owners, to protect corporations and limited liability companies Federal standards to seek to ensure suspected of committing crimes have been State action by making some Federal interstate and international commerce impeded by the lack of available beneficial funding dependent upon a State’s meet- from criminals misusing U.S. corpora- ownership information, as documented in re- ing the specified standards. This bill, tions, to strengthen the ability of law ports and testimony by officials from the De- however, states explicitly that nothing enforcement to investigate suspect partment of Justice, the Department of in the bill authorizes DHS to withhold U.S. corporations, to level the playing Homeland Security, the Financial Crimes funds from a State for failing to modify field among the States, and to bring Enforcement Network of the Department of the U.S. into compliance with its inter- the Treasury, the Internal Revenue Service, its incorporation practices to meet the and the Government Accountability Office, beneficial ownership information re- national anti-money laundering obliga- and others. quirements in the Act. Instead, the bill tions. (6) In July 2006, a leading international simply calls for a GAO report in 2012 to There is also an issue of consistency. anti-money laundering organization, the Fi- identify which States, if any, have For years, I have been fighting offshore nancial Action Task Force on Money Laun- failed to strengthen their incorpora- corporate secrecy laws and practices dering (in this section referred to as the tion practices as required by the Act. that enable wrongdoers to secretly con- ‘‘FATF’’), of which the United States is a After getting this status report, a fu- trol offshore corporations involved in member, issued a report that criticizes the ture Congress can decide what steps to money laundering, tax evasion, and United States for failing to comply with a other misconduct. I have pointed out FATF standard on the need to collect bene- take, including whether to reduce any ficial ownership information and urged the DHS funding going to the noncompli- on more than one occasion that cor- United States to correct this deficiency by ant States. porations were not created to hide July 2008. Finally, the bill would require the ownership, but to shield owners from (7) In response to the FATF report, the U.S. Department of the Treasury to personal liability for corporate acts. United States has repeatedly urged the

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States to strengthen their incorporation is required by the State to update the list of ‘‘(c) FUNDING AUTHORIZATION.—To carry practices by obtaining beneficial ownership the beneficial owners of the corporation or out this section— information for the corporations and limited limited liability company by providing the ‘‘(1) a State may use all or a portion of the liability companies formed under the laws of information described in subparagraph (A)— funds made available to the State under sec- such States. ‘‘(i) in an annual filing with the State; or tion 2004; and (8) Many States have established auto- ‘‘(ii) if no annual filing is required under ‘‘(2) the Administrator may use funds ap- mated procedures that allow a person to the law of that State, each time a change is propriated to carry out this title, including form a new corporation or limited liability made in the beneficial ownership of the cor- unobligated or reprogrammed funds, to en- company within the State within 24 hours of poration or limited liability company. able a State to obtain and manage beneficial filing an online application, without any ‘‘(C) Beneficial ownership information re- ownership information for the corporations prior review of the application by a State of- lating to each corporation or limited liabil- and limited liability companies formed ficial. In exchange for a substantial fee, 2 ity company formed under the laws of the under the laws of the State, including by States will form a corporation within 1 hour State is required to be maintained by the funding measures to assess, plan, develop, of a request. State until the end of the 5-year period be- test, or implement relevant policies, proce- (9) Dozens of Internet websites highlight ginning on the date that the corporation or dures, or system modifications. the anonymity of beneficial owners allowed limited liability company terminates under ‘‘(d) STATE COMPLIANCE REPORT.—Nothing under the incorporation practices of some the laws of the State. in this section authorizes the Administrator States, point to those practices as a reason ‘‘(D) Beneficial ownership information re- to withhold from a State any funding other- to incorporate in those States, and list those lating to each corporation or limited liabil- wise available to the State under section 2004 States together with offshore jurisdictions ity company formed under the laws of the because of a failure by that State to comply as preferred locations for the formation of State shall be provided by the State upon re- with this section. Not later than June 1, 2012, the Comptroller General of the United States new corporations, essentially providing an ceipt of— shall submit to the Committee on Homeland open invitation to criminals and other ‘‘(i) a civil or criminal subpoena or sum- Security and Governmental Affairs of the wrongdoers to form entities within the mons from a State agency, Federal agency, Senate and the Committee on Homeland Se- United States. or congressional committee or subcommittee curity of the House of Representatives a re- (10) In contrast to practices in the United requesting such information; or port identifying which States are in compli- States, all countries in the European Union ‘‘(ii) a written request made by a Federal ance with this section and, for any State not are required to identify the beneficial owners agency on behalf of another country under in compliance, what measures must be taken of the corporations they form. an international treaty, agreement, or con- by that State to achieve compliance with (11) To reduce the vulnerability of the vention, or section 1782 of title 28, United this section. United States to wrongdoing by United States Code. ‘‘(e) DEFINITIONS.—In this section: States corporations and limited liability ‘‘(2) NON-UNITED STATES BENEFICIAL OWN- ‘‘(1) BENEFICIAL OWNER.—The term ‘bene- companies with unknown owners, to protect ERS.—To further protect the security of the ficial owner’ means an individual who has a interstate and international commerce from United States, each State that accepts fund- level of control over, or entitlement to, the criminals misusing United States corpora- ing from the Department under section 2004 funds or assets of a corporation or limited li- tions and limited liability companies, to shall, not later than the beginning of fiscal ability company that, as a practical matter, strengthen law enforcement investigations year 2011, require that, if any beneficial enables the individual, directly or indirectly, of suspect corporations and limited liability owner of a corporation or limited liability to control, manage, or direct the corporation companies, to set minimum standards for company formed under the laws of the State or limited liability company. and level the playing field among State in- is not a United States citizen or a lawful per- ‘‘(2) CORPORATION; LIMITED LIABILITY COM- corporation practices, and to bring the manent resident of the United States, each PANY.—The terms ‘corporation’ and ‘limited United States into compliance with its inter- application described in paragraph (1)(A) and liability company’— national anti-money laundering obligations, each update described in paragraph (1)(B) ‘‘(A) have the meanings given such terms Federal legislation is needed to require the shall include a written certification by a for- under the laws of the applicable State; States to obtain beneficial ownership infor- mation agent residing in the State that the ‘‘(B) do not include any business concern mation for the corporations and limited li- formation agent— that is an issuer of a class of securities reg- ability companies formed under the laws of ‘‘(A) has verified the name, address, and istered under section 12 of the Securities Ex- such States. identity of each beneficial owner that is not change Act of 1934 (15 U.S.C. 781) or that is SEC. 3. TRANSPARENT INCORPORATION PRAC- a United States citizen or a lawful perma- required to file reports under section 15(d) of TICES. nent resident of the United States; that Act (15 U.S.C. 78o(d)), or any corpora- (a) TRANSPARENT INCORPORATION PRAC- ‘‘(B) has obtained for each beneficial owner tion or limited liability company formed by TICES.— that is not a United States citizen or a law- such a business concern; (1) IN GENERAL.—Subtitle A of title XX of ful permanent resident of the United States ‘‘(C) do not include any business concern the Homeland Security Act of 2002 (6 U.S.C. a copy of the page of the government-issued formed by a State, a political subdivision of 601 et seq.) is amended by adding at the end passport on which a photograph of the bene- a State, under an interstate compact be- the following: ficial owner appears; tween 2 or more States, by a department or ‘‘SEC. 2009. TRANSPARENT INCORPORATION ‘‘(C) will provide proof of the verification agency of the United States, or under the PRACTICES. described in subparagraph (A) and the photo- laws of the United States; and ‘‘(a) INCORPORATION SYSTEMS.— graph described in subparagraph (B) upon re- ‘‘(D) do not include any individual business ‘‘(1) IN GENERAL.—To protect the security quest; and concern or class of business concerns which a of the United States, each State that re- ‘‘(D) will retain information and docu- State, after obtaining the written concur- ceives funding from the Department under ments relating to the verification described rence of the Administrator and the Attorney section 2004 shall, not later than the begin- in subparagraph (A) and the photograph de- General of the United States, has determined ning of fiscal year 2011, use an incorporation scribed in subparagraph (B) until the end of in writing should be exempt from the re- system that meets the following require- the 5-year period beginning on the date that quirements of subsection (a), because requir- ments: the corporation or limited liability company ing beneficial ownership information from ‘‘(A) Each applicant to form a corporation terminates, under the laws of the State. the business concern would not serve the or limited liability company under the laws ‘‘(b) PENALTIES FOR FALSE BENEFICIAL public interest and would not assist law en- of the State is required to provide to the OWNERSHIP INFORMATION.—In addition to any forcement efforts to detect, prevent, or pun- State during the formation process a list of civil or criminal penalty that may be im- ish terrorism, money laundering, tax eva- the beneficial owners of the corporation or posed by a State, any person who affects sion, or other misconduct. limited liability company that— interstate or foreign commerce by know- ‘‘(3) FORMATION AGENT.—The term ‘forma- ‘‘(i) identifies each beneficial owner by ingly providing, or attempting to provide, tion agent’ means a person who, for com- name and current address; and false beneficial ownership information to a pensation, acts on behalf of another person ‘‘(ii) if any beneficial owner exercises con- State, by intentionally failing to provide to assist in the formation of a corporation or trol over the corporation or limited liability beneficial ownership information to a State limited liability company under the laws of company through another legal entity, such upon request, or by intentionally failing to a State.’’. as a corporation, partnership, or trust, iden- provide updated beneficial ownership infor- (2) TABLE OF CONTENTS.—The table of con- tifies each such legal entity and each such mation to a State— tents in section 1 of the Homeland Security beneficial owner who will use that entity to ‘‘(1) shall be liable to the United States for Act of 2002 (6 U.S.C. 101 et seq.) is amended exercise control over the corporation or lim- a civil penalty of not more than $10,000; and by inserting after the item relating to sec- ited liability company. ‘‘(2) may be fined under title 18, United tion 2008 the following: ‘‘(B) Each corporation or limited liability States Code, imprisoned for not more than 3 ‘‘Sec. 2009. Transparent incorporation prac- company formed under the laws of the State years, or both. tices.’’.

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00061 Fmt 0686 Sfmt 0655 E:\BR08\S01MY8.002 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7624 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 May 1, 2008 (b) EFFECT ON STATE LAW.— rity Act of 2002, as added by this Act) or By Mr. LIEBERMAN: (1) IN GENERAL.—This Act and the amend- beneficiaries of such entities, and the nature S. 2957. A bill to modernize credit ments made by this Act do not supersede, of the required information; union net worth standards, advance alter, or affect any statute, regulation, (3) evaluating whether the lack of avail- credit union efforts to promote eco- order, or interpretation in effect in any able beneficial ownership information for nomic growth, and modify credit union State, except where a State has elected to partnerships, trusts, or other legal entities— receive funding from the Department of (A) raises concerns about the involvement regularity standards and reduce bur- Homeland Security under section 2004 of the of such entities in terrorism, money laun- dens, and for other purposes; to the Homeland Security Act of 2002 (6 U.S.C. 605), dering, tax evasion, securities fraud, or other Committee on Banking, Housing, and and then only to the extent that such State misconduct; and Urban Affairs. statute, regulation, order, or interpretation (B) has impeded investigations into enti- Mr. LIEBERMAN. Mr. President is inconsistent with this Act or an amend- ties suspected of such misconduct; and today more than ever, credit unions ment made by this Act. (4) evaluating whether the failure of the are a critical component of our na- (2) NOT INCONSISTENT.—A State statute, United States to require beneficial owner- tion’s financial landscape. At a time regulation, order, or interpretation is not in- ship information for partnerships and trusts when most financial institutions are consistent with this Act or an amendment formed or registered in the United States has retreating from the credit markets, made by this Act if such statute, regulation, elicited international criticism and what credit unions are among the few lend- order, or interpretation— steps, if any, the United States has taken or (A) requires additional information, more is planning to take in response. ers in the financial industry dem- frequently updated information, or addi- onstrating resiliency and strength. For tional measures to verify information re- SUMMARY OF INCORPORATION TRANSPARENCY example, while many mortgage lenders lated to a corporation, limited liability com- AND LAW ENFORCEMENT ASSISTANCE ACT, are struggling to stay afloat, the delin- pany, or beneficial owner, than is specified MAY 1, 2008 quency rate on mortgages issued by under this Act or an amendment made by To protect the United States from U.S. credit unions is less than one percent, this Act; or corporations being misused to commit ter- and credit unions are still lending. (B) imposes additional limits on public ac- rorism, money laundering, tax evasion, or Nonetheless, certain outdated regu- cess to the beneficial ownership information other misconduct, the Incorporation Trans- latory rules impede the ability of cred- obtained by the State than is specified under parency and Law Enforcement Assistance this Act or an amendment made by this Act. Act would: it unions to effectively carry out their role as savings and lending institutions SEC. 4. ANTI-MONEY LAUNDERING OBLIGATIONS Beneficial Ownership Information. Require OF FORMATION AGENTS. the States to obtain a list of the beneficial for local communities and small busi- (a) ANTI-MONEY LAUNDERING OBLIGATIONS owners of each corporation or limited liabil- nesses. Because I believe that credit OF FORMATION AGENTS.—Section 5312(a)(2) of ity company (LLC) formed under their laws, unions are a stabilizing force in the do- title 31, United States Code, is amended— ensure this information is updated annually, mestic economy and play an important (1) in subparagraph (Y), by striking ‘‘or’’ at and provide the information to civil or role in providing financial services to the end; criminal law enforcement upon receipt of a local community and underserved (2) by redesignating subparagraph (Z) as subpoena or summons. Non-U.S. Beneficial Owners. Require cor- groups, I am introducing the Credit subparagraph (AA); and Union Regulatory Improvements Act of (3) by inserting after subparagraph (Y) the porations and LLCs with non-U.S. beneficial following: owners to provide a certification from an in- 2008, CURIA. ‘‘(Z) any person involved in forming a cor- State formation agent that the agent has The health of credit unions in today’s poration, limited liability company, partner- verified the identity of those owners. turbulent economy is attributable to a ship, trust, or other legal entity; or’’. Penalties for False Information. Establish business model that differs signifi- civil and criminal penalties under federal (b) DEADLINE FOR ANTI-MONEY LAUNDERING cantly from that of other financial in- law for persons who knowingly provide false RULE FOR FORMATION AGENTS.— beneficial ownership information or inten- stitutions. Similar to banks and (1) PROPOSED RULE.—Not later than 90 days tionally fail to provide required beneficial thrifts, credit unions act as inter- after the date of enactment of this Act, the mediaries in the market for consumer Secretary of the Treasury, in consultation ownership information to a State. Exemptions. Provide exemptions for cer- finance. Credit unions, however, are with the Attorney General of the United tain corporations, including publicly traded States, the Secretary of Homeland Security, governed by certain rules that take corporations and the corporations and LLCs and the Commissioner of the Internal Rev- into account their position as coopera- they form, since the Securities and Exchange enue Service, shall publish a proposed rule in tive lenders. Notably, credit unions op- Commission already oversees them; and cor- the Federal Register requiring persons de- erate as tax-exempt, nonprofit institu- porations which a State has determined, scribed in section 5312(a)(2)(Z) of title 31, with concurrence from the Homeland Secu- tions. All credit union earnings are re- United States Code, as amended by this sec- rity and Justice Departments, should be ex- tained as capital or returned to mem- tion, to establish anti-money laundering pro- empt because requiring beneficial ownership bers in the form of higher interest grams under subsection (h) of section 5318 of information from them would not serve the rates on savings accounts, lower inter- that title. public interest or assist law enforcement. est rates on loans, and other financial (2) FINAL RULE.—Not later than 270 days Funding. Authorize States to use an exist- benefits. Second, credit unions are after the date of enactment of this Act, the ing DHS grant program, and authorize DHS Secretary of the Treasury shall publish the member-owned with each member enti- to use already appropriated funds, to meet tled to one vote in selecting board rule described in this subsection in final the requirements of this Act. form in the Federal Register. State Compliance Report. Clarify that members and other decisions. Third, SEC. 5. STUDY AND REPORT BY GOVERNMENT nothing in the Act authorizes DHS to with- credit unions do not issue capital ACCOUNTABILITY OFFICE. hold funds from a State for failing to comply stock. Rather, credit unions create Not later than 1 year after the date of en- with the beneficial ownership requirements. capital by retaining earnings. Fourth, actment of this Act, the Comptroller General Require a GAO report by 2012 identifying credit unions rely on volunteer, gen- of the United States shall conduct a study which States are not in compliance so that a erally unpaid boards of directors elect- and submit to the Committee on Homeland future Congress can determine at that time Security and Governmental Affairs of the ed from the membership. Lastly, credit what steps to take. unions are limited to accepting mem- Senate and the Committee on Homeland Se- Transition Period. Give the States until curity of the House of Representatives a re- October 2011 to require beneficial ownership bers identified in a credit union’s ar- port— information for the corporations and LLCs ticulated field of membership—usually (1) identifying each State that has proce- formed under their laws. reflecting occupational, associational, dures that enable persons to form or register Anti-Money Laundering Rule. Require the or geographical links or affinity. under the laws of the State partnerships, Treasury Secretary to issue a rule requiring In short, through a cooperative own- trusts, or other legal entities, and the nature formation agents to establish anti-money ership structure, credit unions offer ac- of those procedures; laundering programs to ensure they are not cess to financial services to millions of (2) identifying each State that requires forming U.S. corporations or other entities Americans. As a result of strong ties to persons seeking to form or register partner- for criminals or other suspect persons. ships, trusts, or other legal entities under GAO Study. Require GAO to complete a their communities, credit unions help the laws of the State to provide information study of State beneficial ownership informa- meet local needs, and in the process, about the beneficial owners (as that term is tion requirements for in-state partnerships encourage economic growth, job cre- defined in section 2009 of the Homeland Secu- and trusts. ation, savings, and opportunities for

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00062 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.002 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 7625 small business owners. At the end of THE CREDIT UNION REGULATORY act. It would further permit the Board to re- 2007, over 88 million individuals were IMPROVEMENTS ACT OF 2008 quire any credit union that is no longer well members of state or federally charted SECTION-BY-SECTION ANALYSIS capitalized to implement a net worth res- credit unions in the United States, in- Section 1. Short title toration plan if it determines the loss of cap- ital is due to safety and soundness concerns cluding close to a million individuals Section 1 would establish the short title of and those concerns remain unresolved by the in the State of Connecticut. the bill as the Credit Union Regulatory Im- credit union. provements Act of 2008. The legislation I am introducing will This section would also modify the re- TITLE I: CAPITAL REFORM help modernize the Federal Credit quired actions of the Board in the case of Section 101. Amendments to net worth categories Union Act, bringing antiquated rules critically undercapitalized credit unions in several ways. First, it would authorize the into the era of twenty-first century The Federal Credit Union Act presently specifies the amount of capital credit unions Board to issue an order to a critically under- consumer finance. CURIA would re- must hold in order to protect their safety capitalized credit union. Second, the timing move several instances of statutory and soundness and the solvency of the Na- of the period before appointment of a liqui- micromanagement that place unrea- tional Credit Union Share Insurance Fund dating agent could be shortened. Third, the sonable constraints on the ability of (‘‘Insurance Fund’’). Many experts, however, section would clarify the coordination re- credit unions and their boards to func- have noted that this capital allocation sys- quirement with state officials in the case of tion efficiently and in the best inter- tem is inefficient and does not appropriately state-chartered credit unions. ests of their members. The first title account for risk. Section 101 incorporates re- TITLE II: ECONOMIC GROWTH cent recommendations of the National Cred- would update current capital require- it Union Administration, NCUA, to provide a Section 201. Limits on member business loans ments by implementing recommenda- two-tier capital and Prompt Corrective Ac- Section 201 would increase the current ar- tions from the National Credit Union tion, PCA, system for federally insured cred- bitrary asset limit on credit union member Administration, NCUA, the Federal it unions involving complementary leverage business loans from the lesser of 1.75 times regulatory body that oversees credit and risk-based minimum capital require- actual net worth or 1.75 percent times net unions. For purposes of setting capital ments. Under the proposed system, a well worth for a well-capitalized credit union requirements, CURIA would implement capitalized credit union must maintain a le- (12.25% of total assets) to a flat limit of 20% of the total assets of a credit union. This up- a rigorous, two-part net worth test verage net worth ratio of 5.25% and a min- imum risk-based ratio of 10%. When a credit date would facilitate added member business that would more closely track an insti- union’s capital deposit to the Insurance lending without jeopardizing safety and tution’s actual asset risk. The second Fund (equal to 1% of insured deposits) is soundness at participating credit unions, as title would promote community devel- added, a credit union’s total net worth would the 20% cap would still be equal to or strict- opment and local economic growth by equal or exceed the capital requirements for er than business lending caps imposed on providing for modest expansion in cred- FDIC-insured banks and thrifts. other depository institutions. it union business lending. The title Section 102. Amendments relating to risk-based Section 202. Definition of member business loans also includes provisions that would net worth categories Section 202 would give NCUA the authority permit credit unions to extend services Currently, only federally insured credit to exclude loans of $100,000 or less as de mini- to areas with high unemployment and unions that are considered ‘‘complex’’ must mis, rather than the current $50,000 exclu- low incomes. The third title would pro- meet a risk-based net worth requirement sion, from calculation of the 20% cap on vide credit unions with relief from out- under the Federal Credit Union Act. Section member business loans. This change would 102 would instead require all federally in- thus facilitate the ability of credit unions to dated regulatory burdens by author- sured credit unions to meet a risk-based net izing the NCUA to increase maximum make additional loans and encourage them worth requirement, and it directs the Board to make very small business loans. It also loan terms and raise interest rate ceil- to take into account comparable risk stand- builds upon the findings in a 2001 study by ings in response to sustained increases ards for FDIC-insured institutions when de- the Treasury Department that found that in prevailing market interest rate lev- signing the risk-based requirements appro- ‘‘. . . credit union member business loans els. The title would further allow priate to credit unions. share many characteristics of consumer greater credit union investment in Section 103. Treatment based on other criteria loans’’ and that ‘‘. . . these loans are gen- credit union service organizations, Section 103 would permit the NCUA Board erally smaller and fully collateralized, and allow limited investments in securi- to delegate to regional directors the author- borrower risk profiles are more easily deter- ties, and update credit union govern- ity to lower by one level a credit union’s net mined.’’ ance rules. worth category for reasons related to inter- Section 203. Restrictions on member business est-rate risk not captured in the risk-based loans Vigorous competition among finan- ratios, with any regional action subject to Section 203 would modify language in the Board review. cial service providers, new technology, Federal Credit Union Act that currently pro- and globalization have resulted in a fi- Section 104. Definitions relating to net worth hibits a credit union from making any new nancial marketplace where the prod- Net worth, for purposes of prompt correc- member business loans if its net worth falls ucts and actors are evolving at a much tive action, is currently defined as a credit below 6 percent. This change would permit more rapid rate than the statutes and union’s retained earnings balance under gen- the NCUA to determine if such a policy is ap- regulations that govern them. While erally accepted accounting principles. Sec- propriate and to oversee all member business recent events demonstrate that we tion 104 would make three important revi- loans granted by an undercapitalized institu- must be prudent in our approach to fi- sions to this definition. First, it clarifies tion. that credit union net worth ratios must be nancial regulation, we must not allow Section 204. Member business loan exclusion for calculated without a credit union’s capital loans to non-profit religious organizations our rules to unjustifiably constrain deposit with the Insurance Fund. Second, it those actors, such as credit unions, provides a new definition for ‘‘risk-based net To facilitate the ability of credit unions to that contribute to financial stability, worth ratio’’ as the ratio of the net worth of support the community development activi- community development, and long- the credit union to the risk assets of the ties of non-profit religious institutions, Sec- term growth. The Credit Union Regu- credit union. Third, it would permit the tion 204 would exclude loans or loan partici- NCUA to impose additional limitations on pations by credit unions to non-profit reli- latory Improvements Act is an impor- gious organizations from the member busi- tant step toward modernizing and cali- the secondary capital accounts used to deter- mine net worth for low-income community ness loan limits contained in the Federal brating our financial regulatory rules, credit unions where necessary to address Credit Union Act. I encourage my colleagues to support safety and soundness concerns. Section 205. Credit unions authorized to lease it. SECTION 105. AMENDMENTS RELATING TO NET space in buildings in underserved areas Mr. President, I ask unanimous con- WORTH RESTORATION PLANS In order to enhance the ability of federal sent a section-by-section analysis be Section 105 would provide the NCUA Board credit unions to assist underserved commu- printed in the RECORD. with authority to waive temporarily the re- nities with their economic revitalization ef- quirement to implement a net worth restora- forts, Section 205 would allow a credit union There being no objection, the mate- tion plan for a credit union that becomes to lease space in a building or on property on rial was ordered to be printed in the undercapitalized due to disruption of its op- which it maintains a physical presence in an RECORD as follows: erations by a natural disaster or a terrorist underserved area to other parties on a more

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00063 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.002 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7626 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 May 1, 2008 permanent basis. It would also permit a fed- cent of credit union unimpaired capital and Section 309. Exemption from pre-merger notifica- eral credit union to acquire, construct, or re- surplus. tion requirement of the Clayton Act furbish a building in an underserved commu- Section 304. Voluntary mergers involving mul- Section 309 would give all federally insured nity, then lease out excess space in that tiple common bond credit unions credit unions the same exemption that banks building. and thrift institutions already have from Section 206. Amendments relating to credit NCUA has identified ambiguous language pre-merger notification requirements and union service to underserved areas in the 1998 Credit Union Membership Access fees for purposes of antitrust review by the Act as creating uncertainty for certain vol- Section 206 would revise a provision of the Federal Trade Commission under the Clay- untary credit union mergers by requiring 1998 Credit Union Membership Access Act ton Act. that groups of more than 3,000 members be that has been incorrectly interpreted as per- required to start a new credit union rather mitting only federal credit unions with mul- By Mr. DOMENICI (for himself, than be incorporated as a new group within tiple common bond charters to expand serv- Mr. BUNNING, Mr. SESSIONS, a multiple common-bond credit union. Sec- ices to individuals and groups living or work- tion 304 would clarify that this numerical Mrs. HUTCHISON, Mr. BOND, Mr. ing in areas of high unemployment and limitation would not apply to bar groups of INHOFE, Ms. MURKOWSKI, Mr. below median incomes that typically are un- more than 3,000 members that are trans- BARRASSO, Mr. BENNETT, Mr. derserved by other depository institutions. ferred between two existing credit unions as WICKER, Mr. CHAMBLISS, Mr. The change would reestablish prior NCUA part of a voluntary merger. policy of permitting all federal credit STEVENS, Mr. CORNYN, Mr. ENZI, unions, regardless of charter type, to expand Section 305. Conversions involving certain credit Mr. ISAKSON, Mr. THUNE, Mr. services to eligible communities that the unions to a community charter VOINOVICH, Mr. ALLARD, and Treasury Department determines meet in- In cases when a single or multiple com- Mr. MCCONNELL). come, unemployment and other distress cri- mon-bond federal credit union converts to a S. 2958. A bill to promote the energy teria. community credit union charter, there may security of the United States, and for Section 207. Underserved areas defined be groups within the credit union’s existing other purposes; to the Committee on Section 207 would expand the criteria for membership that are located outside the new Energy and Natural Resources. determining whether a community or rural community charter’s geographic boundaries, Mr. DOMENICI. Mr. President, I have area qualifies as an underserved area. The but which desire to remain part of the credit a few remarks about the energy situa- definition of a qualified underserved area in- union and can be adequately served by the cludes not only areas currently eligible as credit union. Section 305 would require tion I would like to share with the Sen- ‘‘investment areas’’ under the Treasury De- NCUA to establish the criteria whereby it ate. Two months ago, I came to the partment’s Community Development Finan- may determine that a member group or floor to deliver a series of speeches on cial Institutions (CDFI) program, but also other portion of a credit union’s existing the State of our Nation’s energy secu- census tracts qualifying as ‘‘low income membership, located outside of the commu- rity. I said then, unequivocally, that areas’’ under the New Markets Tax Credit nity, can be satisfactorily served and remain our Nation’s economic strength had targeting formula adopted by Congress in within the credit union’s field of member- been put in great peril by our growing 2000. ship. dependence on foreign oil. TITLE III: REGULATORY MODERNIZATION Section 306. Credit union governance I have been a member of the Energy Section 301. Investments in securities by federal Section 306 would provide federal credit Committee for 30 years and have served credit unions union boards the flexibility to expel a mem- as chairman of that committee, as well The Federal Credit Union Act presently ber, based on just cause, who is disruptive to as the Budget Committee, for a long limits the investment authority of federal the operations of the credit union, including period during that time. I have seen credit unions to loans, government securi- harassing personnel and creating safety con- ties, deposits in other financial institutions, my share of serious debate on energy cerns, without the need for a two-thirds vote and the economy, and I recognize how and certain other limited investments. Sec- of the membership present at a special meet- tion 301 would provide additional investment ing as required by current law. The section vital these issues are to our Nation’s authority to allow credit unions to purchase would also permit federal credit unions to well-being. for the credit union’s own account certain limit the length of service of their boards of Unfortunately, in these times of high investment grade securities. The total directors to ensure broader representation gas prices and an approaching election, amount of the investment securities of any from the membership. I have also seen my share of not-so-se- one obligor or maker could not exceed 10% of Section 307. Providing the National Credit rious debate. The American people de- the credit union’s net worth and total in- Union Administration with greater flexi- serve better than false promises of vestments could not exceed 10% of total as- bility in responding to market conditions sets. short-term fixes, driving season gim- Section 302. Authority of NCUA to establish Currently, the NCUA Board may raise the micks, and empty threats to the Mid- longer maturities for certain credit union usury interest rate ceiling on loans by fed- dle East. loans eral credit unions whenever it determines I said in February—and I say it again The Federal Credit Union Act was amended that money market rates have increased today—the American people deserve se- in 2006 to allow the NCUA Board to increase over the preceding six-month period and pre- rious, thoughtful, long-term solutions the 12-year maturity limit on non-real estate vailing interest rates threaten the safety and to our ever-growing energy crisis. If secured loans to 15 years. Section 302 would soundness of individual credit unions. Sec- there are short-term solutions, or tion 307 would give the Board greater flexi- further provide the Board with additional short-term aids, we ought to share flexibility to issue regulations providing for bility to make such determinations based ei- ther on sustained increases in money market those, too, and get on with adopting loan terms exceeding 15 years for specific them. types of loans. interest rates or prevailing market interest rate levels. Investigating, taxing, and threat- Section 303. Increase in 1 percent investment ening our American oil and gas compa- and loan limits in credit union service orga- Section 308. Credit union conversion voting re- nizations quirements nies will do nothing to reduce the stranglehold foreign oil dependence has The Federal Credit Union Act authorizes Section 308 includes several changes to federal credit unions to invest in organiza- current law pertaining to credit union con- put on our economic strength, national tions providing services to credit unions and versions to mutual thrift institutions. It security, and foreign policy agenda. credit union members. Currently, an indi- would increase the minimum member par- To blame either side of the aisle for vidual federal credit union may invest in ag- ticipation requirement in any vote to ap- the trouble this Nation is in misses the gregate no more than one percent of its prove a conversion to 30% of the credit point. The American people did not unimpaired capital and surplus in these or- union’s membership. It would require the send us here to cast blame on one side ganizations, commonly known as credit board of directors of a credit union consid- or the other, and they certainly didn’t union service organizations or CUSOs. Credit ering conversion to hold a general member- send us here to put bandaids on serious unions also are limited in the amount they ship meeting one month prior to sending out may loan to all CUSOs to one percent of any notices about a conversion vote that illnesses that threaten our Nation. unimpaired capital and surplus. Section 303 contain a voting ballot. It would also pro- My first year in the Senate was dur- would double the amount a credit union may hibit use of raffles, contest, or any other pro- ing a Republican administration, when invest in all CUSOs, and the aggregate motions to encourage member voting in a a President set out an aggressive agen- amount it may lend to CUSOs, to two per- conversion vote. da to reduce our Nation’s oil imports.

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00064 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.002 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 7627 At that time, we were importing 6 The ACTING PRESIDENT pro tem- bill, and the price of oil was $19 a bar- million barrels of oil a day, which rep- pore. Without objection, it is so or- rel. As a result, 1 million barrels of oil resented 35 percent of our total oil con- dered. continue to sit beneath our ground sumption. Mr. DOMENICI. Madam President, each day instead of in our gas tanks. I Fast forward 36 years to today. The the policies set forth in this bill will believe the ultimate find, if we are per- aggressive agenda through several ad- begin to move us in the right direction. mitted to drill, would be much more ministrations and Congresses under the I urge my colleagues to support its pas- than the million barrels, without a control of both parties has failed time sage and to look at it seriously. question. The footprint is so small, the and again. Today, we are more than 60 First, the bill allows for States on new directional drilling is so accurate percent dependent on foreign oil which the Atlantic and Pacific coasts to peti- that I believe it deserves an oppor- comes from some of the most hostile tion the Federal Government to opt tunity for the Senate to look again and regimes in the world. Over time, our out of the broad moratorium that for think again and for the American peo- consumption has grown at a moderate two decades has locked up America’s ple to look again and think again with rate, but our imports have more than assets and forced us to turn toward un- us on what should be done. The price of doubled to 13.4 million barrels per day. stable foreign nations to power our oil is now $113 a barrel. When we last The result is a rising cost of energy, a lives. I believe it is time that we ask voted, the price was somewhere above rising threat of disruption in our en- the Atlantic and Pacific coastal States $50 but certainly nothing like this. ergy supply, and a rising anger among to take a real look at whether we could Yesterday, I heard a colleague on the our already burdened constituents. drill distances from their shores with- other side of the aisle urge OPEC na- tions to release 500,000 barrels of oil to As I said today, the average price of out doing any harm and adding sub- the global market. Today, in intro- gasoline is $3.62 a gallon, an alltime stantially to the American supply for all our citizens, not just the coastal ducing this bill, I respond to my col- high for the 17th straight day. Crude leagues to release more than 1 million oil closed above $113 per barrel last citizens. I believe the time is ripe. I be- lieve right-headed people will consider barrels to that supply, from our own night. The average approval rating of lands, by supporting my bill. We don’t Congress has plummeted to 22 percent, that might be a reality. If we were to do it, we were told just that contains know how much more we will get if the and yet we continue to point fingers coastal States join in and begin lifting back and forth. literally millions of barrels of crude oil and billions of cubic feet of natural gas the moratorium. We may be able to In the past few years, Congress has send a message that more than the achieved significant success in address- for the American energy future. First, this bill allows these Atlantic 500,000 barrels my colleague on the ing long-term energy security. We and Pacific coasts to petition their other side sought and far more than passed a 2005 bill that will bring us a Government to opt out, as I said, and the 1 million we would get from Alaska nuclear renaissance, a 2006 bill that these are large quantities of assets would be released into the American will bring us greater domestic oil and that are American. Together, the At- market. gas production in the Gulf of Mexico, lantic and Pacific Oceans contain oil This bill provides for a consolidated and a 2007 bill that will bring us in- reserves, and here are the numbers, permitting process to ease constraints creased fuel efficiency. That is a dra- what we know without doing a detailed on building refineries in this country. matic change in the CAFE standards. reconnaissance. There are reserves of While we improved the capacity over These were not little things, and they up to 14 billion barrels and natural gas years, we consistently hear the criti- were hard to do. They were done with- reserves totaling 55 trillion cubic feet. cism that no new refinery has been out finger-pointing and with bipartisan Those are big enough for the American built in our country for over 30 years. support. Our Nation cannot afford to go 30 more people to demand that everyone who years without building additional re- To face this new challenge, however, represents States in this Senate look fineries. we must do even more. Debate about at this, whether they are coastal State energy, oil, and the environment has The bill also provides a small meas- Senators or not. America needs an hon- ure of relief by suspending delivery to reached a fever pitch. The challenge of est evaluation because with these our time will be how we meet a rising the Strategic Petroleum Reserve. I ask States, if there was no damage—and I my colleagues to consider their views demand for energy from the literally believe we can drill without any dam- billions of new consumers who wish to on certain issues. I remind them that age today—we might move in a direc- this issue I have reconsidered on my share in the benefits of a global econ- tion, an honest direction, of reducing omy. I think we all know what that own. I believe it is appropriate in this dramatically what we must import pricing environment that we stop fill- means. That means India, China, and overseas. other countries are adding to the de- ing the SPR for up to 6 months, thus Opening them to leasing would lit- providing 70,000 additional barrels of mand part of the supply-and-demand erally bring billions of dollars to the cycles in mammoth ways. Already, light sweet crude per day. That might Federal Treasury and billions of dollars have an effect. Although it will be China is moving ahead as one of the to the coastal States because they largest importers of oil and users of oil minor, it might be recognizable on the would share in it 37 percent, as we did price of oil. I think it is time to do in the whole world. Just 10 years ago, with the coastal States of Louisiana, or 12, they were hardly on the map. For that. Mississippi, and Texas when we, 2 years I told the chairman of the Sub- our Nation’s future energy security ago, did the same thing for Gulf States and the world’s, we will need to ensure committee on Energy and Water Devel- and opened those areas for drilling. opment, with whom I serve and was the our supply of energy is reliable, afford- Those States abutting were positively able, and abundant. principal sponsor of this, that I would impressed and helped by it because join him in this when he was ready to Today, I introduced the Domestic En- they wanted development and they also move on the Senate floor. ergy Production Act of 2008. I ask wanted to share in the royalties. The By its very nature, this is just a frac- unanimous consent that title be new way we build platforms and drill is tion of the oil that will be gained changed to the American Energy Pro- a far cry from 20 years ago when coast- through OCS production. OCS is what I duction Act of 2008. al States were so worried. Actually, we am talking about in the bill I intro- The ACTING PRESIDENT pro tem- can do it with little or no footprint, lit- duced today, and ANWR, oil shale pro- pore. Without objection, it is so or- tle or no seepage or damage, there is no duction, and coal-to-liquid production dered. question about it. are in this bill. In today’s environment, Mr. DOMENICI. I ask that the clerk Next, the bill opens 2,000 acres of the any small amount helps the people of so change the bill, if they can. If not, 19 million acres of the Arctic plain, or this country. the Senator from New Mexico asks for ANWR, for oil and gas leasing. In 1995, In the area of alternative resources, the right to change it. President Clinton vetoed an ANWR this bill requires studies on ethanol to

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00065 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.002 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7628 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 May 1, 2008 help ensure that smart decisions are let them proceed. They will be bound under-trained, under-paid, over-worked made as we move toward cellulosic and by the laws of our land, and obviously, poll workers; partisan election admin- other advanced biofuels. This bill pro- with the high price of crude oil, it is istrators; suspect vote tallies; caging vides incentives for the advancement clear to me that they are going to find lists; intimidation at the polling place; of breakthrough energy technologies, a way to make oil shale equal to con- misleading flyers; illegal voter-file such as battery-powered vehicles. That ventional oil and thus usable by Ameri- purges; and now, the Supreme Court is important. It is obvious to everyone cans as American-produced oil. We approving discriminatory voter ID that we have not moved ahead as rap- should let that happen as rapidly as laws. If people cannot trust their elec- idly as we should in battery develop- possible and not deter it. I know some tions, why should they trust their ment, and we ought to push hard with will not agree, but I would think that elected officials? our greatest scientists because a debate, carried to the American people, Two years ago, Professor Dan Tokaji, change in the right direction there would be voted overwhelmingly in a leading election law expert, called for would be a dramatic change in the favor of letting it happen. That is why a ‘‘moneyball approach to election re- right direction for automobiles that we put it in this bill. form.’’ Named after Michael Lewis’s would be electric-motored and that Finally, this bill repeals a $4,000 fee book about the Oakland A’s data-driv- would be good for our country. for drilling permits. These costs, en hiring system, Tokaji’s approach is Our Nation is often called the Saudi slipped into a large Omnibus measure quintessentially progressive, as that Arabia of coal, and we should use that without notice or debate, hit the small- term was understood at the turn of the domestic resource to help reduce our est oil and gas companies in our century. ‘‘I mean to suggest a research- dependence on foreign oil. This bill cre- States. Making it more difficult to driven inquiry,’’ Tokaji wrote, ‘‘in ates a mandate for up to 3 billion gal- produce domestic energy for domestic place of the anecdotal approach that lons of clean coal-derived fuels over the use will only serve to further increase has too often dominated election re- next decade and 6 billion gallons over the prices we pay at the pump. form conversations. While anecdotes the next 14 years. This will provide die- As I complete my final year in the and intuition have their place, they’re sel and jet fuel to help power our econ- Senate, I look back on the many ac- no substitute for hard data and rig- omy and create jobs throughout our complishments this body has achieved orous analysis.’’ coal-producing States. for the American people. This great This bill embodies the moneyball ap- Additionally, this provision requires work has often been done when Mem- proach to election reform. In stark that the mandated fuels have life-cycle bers reached across the aisle after contrast to many so-called election re- greenhouse gas emissions no greater thoughtful deliberation, serious debate, form proposals, this bill addresses a than conventional gasoline. and reasoned judgment. I hope, as the real problem—low voter turnout—it This is a win-win for our economy Congress makes a serious effort to targets a major cause of the problem— and our environment. I don’t know why tackle the energy challenges of our archaic registration laws—and it offers it is so violently opposed by some in time, that we will address these chal- a proven solution—Election Day reg- America. I think they just don’t want lenges in the same spirit. istration. us to use our own if it means we are As I said a few months ago on this The bill is very simple: it amends the going to use it in automobiles, diesel floor that America faces a serious en- Help America Vote Act to require trucks, or the like. I don’t understand. ergy crisis with vital implications for every State to allow eligible citizens to If we don’t do it, we will be using for- our national security, economic register and vote in a Federal election eign oil unless and until we find a total strength, and foreign policy. The on the day of the election. Voters may new substitute, which will be years American people deserve a serious de- register using any form that satisfies from now. bate, for our present challenge will re- the requirements of the National Voter This bill also allows for the long- quire thoughtfulness, vision, and judg- Registration Act, including the Federal term procurement of synthetic fuels by ment—not just today, but when the mail-in voter registration form and the Department of Defense and repeals cameras are off, the elections are far any state’s standard registration form. section 526 of last year’s Energy bill. away, and gas prices subside. North Dakota, which does not have That provision ties greenhouse gas voter registration, is exempted from emission requirements to the types of By Mr. FEINGOLD (for himself, the bill’s requirements. fuels our Air Force can purchase. The Ms.KLOBUCHAR, Mr. TESTER, The bill itself is simple, but it ad- practical translation is that in a time and Mr. HARKIN): dresses a significant problem: the low of war, this policy would direct our S. 2959. A bill to amend the Help voter turnout that has plagued this military to purchase oil from the sands America Vote Act of 2002 to require country for the last 40 years. We live in of the Middle East rather than the oil States to provide for election day reg- a participatory democracy, where our sands of Canada. istration; to the Committee on Rules Government derives its power from the While this bill takes many steps to and Administration. consent of the governed, a consent em- strengthen our Nation’s energy secu- Mr. FEINGOLD. Mr. President, today bodied in the people’s exercise of their rity, it also repeals several provisions I will introduce, along with Senators fundamental right to vote. It is self in last year’s appropriations bills that KLOBUCHAR, TESTER, and HARKIN, the evident that a participatory democracy threaten to damage our Nation’s en- Election Day Registration Act of 2008, depends on participation. ergy security. At this point, most ev- which would significantly increase This may be a government of the peo- eryone knows what they are. I will voter participation by allowing all eli- ple, but the people are not voting. merely mention one of those that is gible citizens to register to vote in Since 1968, American political partici- big, and that is a mandate that was im- Federal elections on Election Day. pation has hovered around 50 percent posed on oil shale development in In many ways, the machinery of our for Presidential elections and 40 per- America. democracy needs significant repair. We cent for congressional elections. Even Somebody in conference—I think we live in an age of low turnout and high in 2004, a record-breaking year, turnout know which one but need not say since cynicism. The American people have was only 55 percent of the voting age it is not certain—put a rider on that lost faith in our election system, in population. The U.S. may be the only bill that said the final regulations for part because they are not confident established democracy where the fact shale development have a moratorium that their votes will be counted or that that a little under half of the elec- imposed. That comes at a time when the ballot box is accessible to each and torate stayed home is considered cause Shell Oil and others are exploring the every voter regardless of ability, race, for celebration. great potential of shale converted to or means. In fact, our predecessors in the Sen- oil. I don’t see why we should do this. What we see instead are long lines at ate would be surprised to find us cele- I believe we should take that off and polling places; faulty voting machines; brating such low turnout: a 1974 report

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00066 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.002 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 7629 by the Senate Committee on the Post 10–12 percentage points higher than research. Election Day registration is Office and Civil Service bemoaned the States that require voters to register good for voters, good for taxpayers, and ‘‘shocking’’ drop in turnout in the 1972 before Election Day. Turnout in Min- good for democracy. election. And what was the number nesota and Wisconsin, which imple- Mr. President, I ask unanimous con- that so troubled the Committee—55 mented Election Day registration over sent that the text of the bill be printed percent. 35 years ago, has been especially high: in the RECORD. The report went on: ‘‘[i]t is the Com- in 2004, for example, 78 percent of eligi- There being no objection, the text of mittee’s conviction that our dis- ble Minnesotans and 75 percent of eligi- the bill was ordered to be printed in quieting record of voter participation ble Wisconsinites went to the polls. the RECORD, as follows: is in large part due to the hodgepodge The last time national voter turnout S. 2959 of registration barriers put in the way was above 70 percent, it was 1896, there Be it enacted by the Senate and House of Rep- of the voter. Such obstacles have little, were only 45 States, and the gold resentatives of the United States of America in if anything, to recommend them. At standard was the dominant campaign Congress assembled, best, current registration laws in the issue. SECTION 1. SHORT TITLE. various states are outmoded and sim- Critics might worry about the possi- This Act may be cited as the ‘‘Election ply inappropriate for a highly mobile bility of fraud, but Election Day reg- Day Registration Act’’. population. At worst, registration laws istration actually makes the registra- SEC. 2. ELECTION DAY REGISTRATION. can be construed as a deliberate effort tion process more secure. Voters reg- (a) IN GENERAL.—Title III of the Help to disenfranchise voters who des- istering on Election Day do so in the America Vote Act of 2002 (42 U.S.C. 15481 et perately need entry into the decision- seq.) is amended— presence of an elections official who (1) by redesignating sections 304 and 305 as making processes of our country.’’ verifies the voter’s residency and iden- What a shame, that the Committee’s sections 305 and 306, respectively; and tity on the spot. Mark Ritchie, Min- (2) by inserting after section 303 the fol- findings are still valid. Our archaic nesota’s Secretary of State, points out lowing new section: registration laws have been reformed, that Election Day registration ‘‘is ‘‘SEC. 304. ELECTION DAY REGISTRATION. but they are still archaic. We have much more secure because you have ‘‘(a) IN GENERAL.— passed a number of important bills de- the person right in front of you—not a ‘‘(1) REGISTRATION.—Notwithstanding sec- signed to combat low turnout, but postcard in the mail. That is a no- tion 8(a)(1)(D) of the National Voter Reg- turnout is still low. America is even brainer. We have 33 years of experience istration Act of 1993 (42 U.S.C. 1973gg–6), each State shall permit any eligible individual on more mobile than it was in 1974, and with this.’’ yet our registration laws are still out the day of a Federal election— In contrast to most election reforms, ‘‘(A) to register to vote in such election at of touch with the reality that more the cost of Election Day registration is than 40 million Americans move every the polling place using a form that meets the negligible. A recent survey of 26 local requirements under section 9(b) of the Na- year. Worst of all, our registration elections officials in six EDR States tional Voter Registration Act of 1993; and laws still fall especially hard on the found that ‘‘officials agreed that inci- ‘‘(B) to cast a vote in such election. young, the old, and the poor. dental expense of administering EDR is ‘‘(2) EXCEPTION.—The requirements under We have long known that com- minimal.’’ In fact, Election Day reg- paragraph (1) shall not apply to a State in plicated voter registration require- istration may actually result in a net which, under a State law in effect continu- ments constitute one of the major bar- ously on and after the date of the enactment riers to voting. In fact, many States savings because it significantly reduces of this section, there is no voter registration adopted voter registration in order to the use of provisional ballots. Provi- requirement for individuals in the State with prevent certain segments of the popu- sional ballots, which are required by respect to elections for Federal office. lation from voting. Alexander Keyssar, the Help America Vote Act, are expen- ‘‘(b) ELIGIBLE INDIVIDUAL.—For purposes of sive to administer. The Congressional this section, the term ‘eligible individual’ the preeminent scholar on the history means any individual who is otherwise quali- of the right to vote in this country, Budget Office estimates that provi- sional ballots cost State and local gov- fied to vote in a Federal election in such writes that although ‘‘[r]egistration State. ernments about $25 million a year. laws emerged in the nineteenth cen- ‘‘(c) EFFECTIVE DATE.—Each State shall be tury as a means of keeping track of In some states the number of provi- required to comply with the requirements of voters and preventing fraud; they also sional ballots cast is surprisingly large. subsection (a) for the regularly scheduled served—and were intended to serve—as For example, in 2004, more than 4 per- general election for Federal office occurring a means of keeping African-American, cent of California’s registered voters in November 2008 and for any subsequent cast provisional ballots—that’s 644,642 election for Federal office.’’. working-class, immigrant, and poor (b) CONFORMING AMENDMENTS.— voters from the polls.’’ provisional ballots. In Ohio, 157,714 pro- visional ballots were cast, about 2 per- (1) Section 401 of such Act (42 U.S.C. 15511) It is time for a fundamental change. is amended by striking ‘‘and 303’’ and insert- A large body of research tells us that cent of all registered voters. ing ‘‘303, and 304’’. unnecessarily burdensome voter reg- In contrast, in 2004 only 0.03 percent (2) The table of contents of such Act is istration requirements are the single of voters in EDR States cast a provi- amended— largest factor in preventing people sional ballot. In Wisconsin, only 374 (A) by redesignating the items relating to from voting. Simply put, voter reg- provisional ballots were cast. In Maine, sections 304 and 305 as relating to sections istration restrictions should not keep only 95 provisional ballots were cast. In 305 and 306, respectively; and fact, only 952 provisional ballots were (B) by inserting after the item relating to eligible Americans from exercising section 303 the following new item: their right to vote. The solution to this cast in all the EDR States combined in ‘‘Sec. 304. Election day registration.’’. problem is Election Day registration. 2004. To be sure, this bill is no cure-all: Decades of empirical research con- it does not address long lines, deceptive Ms. KLOBUCHAR. Mr. President, I firm Election Day registration’s posi- flyers, and faulty voting machines. come to the floor today to speak about tive impact on turnout. As one aca- Other bills, good bills, address those a fundamental right in this country: demic paper states, ‘‘the evidence on issues. the right to vote. Although it is one of whether EDR augments the electorate The bottom line is this: the Election the greatest rights we have built this is remarkably clear and consistent. Day Registration Act would substan- government on, we have states across Studies finding positive and significant tially increase civic participation, im- the country that still limit that right turnout impacts are too numerous to prove the integrity of the electoral by not allowing people to vote if they list.’’ Studies indicate that Election process, reduce election administration have not met an arbitrary registration Day registration alone increases turn- costs, and reaffirm that voting is a fun- deadline. A deadline that is sometimes out by roughly 5 to 10 percentage damental right. It has been proven ef- set months in advance of Election Day. points. fective by more than 30 years of suc- Since 1973, Minnesota has allowed citi- In general, States with Election Day cessful implementation in Minnesota zens in the state to register to vote on registration boast voter turnout that is and Wisconsin and decades of empirical the same day as the election, and, not

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00067 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.002 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7630 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 May 1, 2008 coincidentally, year after year, my days, a few at 10 days, and in Vermont, than in those ‘‘battleground’’ states state has the highest voter turnout in you have until 5 p.m., the Wednesday without EDR. the country. before the election. If you’re in Utah, High voter participation is a funda- As the Presidential election is fast you must register 30 days before the mental part of a healthy democracy. approaching, we need to ensure that election by mail, but if you miss that, This year we have seen record numbers people across the country have the you can register in person on the 18th of voters participating in the presi- ability to vote when November 4th, or 15th day before the election. Where dential primaries. The implementation 2008, rolls around. This is why, Mr. we have one, national, election day of of EDR for federal elections would President, I am happy that this after- November 4th this year, it is hard to build upon this momentum. Montana is noon, Senator FEINGOLD and I intro- imagine voters, because of the State expecting record turnout for our presi- duced legislation that enables voters in they reside, could miss their chance to dential primary on June 3rd. every state to register on Election Day vote. EDR permits eligible citizens to reg- for Federal elections. My colleague’s There are 8 States that allow citizens ister and vote on Election Day. There home state of Wisconsin, like Min- to register at the polls: Maine, Min- are currently 9 states that have some nesota, has put a high price on voter nesota, New Hampshire, Wisconsin, form of EDR: Minnesota, Maine, Wis- registration, and has allowed Election Wyoming, and now Iowa and Montana consin, Idaho, Wyoming, New Hamp- Day Registration for over 30 years with have joined the list. Historically, these shire, Iowa, North Carolina and of great success. I am also pleased that first six States have seen voter turnout course my home state of Montana. we are joined on this bill by Senator that is 8 to 15 percent higher than the Iowa adopted EDR in March 2007 and HARKIN from Iowa and Senator TESTER national average. In the 2004 Presi- North Carolina has implemented Same from Montana. Both Iowa and Montana dential election, only 64 percent of the Day Registration at early voting sites. recently enacted same-day voter reg- eligible population voted; but in Min- While the version in North Carolina istration laws—significantly improving nesota, 79 percent of the population isn’t complete EDR, it is a strong move voter turnout throughout the state. turned out to vote. As Senator FEIN- for increased access to the democratic This legislation comes at a critical GOLD mentioned, the last time we had process. time—it is on the heels of a Supreme turnout that high on a national level There is nationwide interest in EDR. Court decision that tightens the ability was 1896, and we only had 45 states. No Last year, 21 States had bills before of Indiana citizens to vote by requiring matter what side of the aisle, we are their legislature to implement, or valid photo identification at the poll- seeing an unprecedented interest in the begin feasibility studies in support of, ing booth. And just this last week, sev- upcoming Presidential election, and we EDR. eral election registration volunteers in need to give the citizens the ability to In my home state of Montana we Florida stopped their registration work register on Election Day. have had Election Day Registration. for fear that they would be fined up- This is a simple, yet fundamental Montana adopted EDR in 2005 while I wards of $1000 if they made a mistake. bill. It amends legislation we passed in was president of the Montana state In Minnesota, some credit the elec- 2002, the Help America Vote Act, to senate. Montana’s version is a little tion of Jesse Ventura as Governor in allow voters to register and cast their different from EDR in Wisconsin and 1998 to our same-day registration vot- ballot on the same day in a Federal Minnesota—in Montana, the voter reg- ing policy. Voters who had never voted election. Where Americans across the isters, election day, at the county before showed up at the polls and voted country are facing skyrocketing gas courthouse rather than at the polling in unprecedented numbers. I can’t say prices, health costs that many cannot place. Whether it is at the polling place that I ever imagined that we would afford, and an economy that is ap- or the courthouse, the important fun- have a Governor wear a pink boa at his proaching recession, we need to ensure damentals of access are maintained. inaugural celebration, but the ability that every citizen has the right to With EDR, the use of and reliance for the citizens of Minnesota to cast wake up on Election Day and decide upon provisional ballots would be mini- their ballot and enact change is the they will cast their ballot for Presi- mized. Provisional ballots are useful kind of democracy this country is dent. and valuable tools, however with EDR, founded upon. Mr. TESTER. Mr. President, I rise the costly validation process that In the past decade, as states around today to join my colleagues, Senators takes place after election day could be the country are experimenting with FEINGOLD, HARKIN and KLOBUCHAR in avoided, as eligibility considerations new and innovative ways to combat introducing a bill that would signifi- could be made on election day and the voter fraud, Election Day Registration cantly increase voter participation. voter would then use a standard ballot. has actually helped eliminate voter The Election Day Registration Act of EDR streamlines the administrative fraud at the polls. I’ve worked a great 2008, EDR, would allow all eligible citi- process and makes sure that votes are deal with the Secretary of State in zens to register to vote in federal elec- counted. Minnesota, Mark Ritchie, and he has tions on Election Day. Enactment of EDR would be a major found that registering at the polls, in- Studies have shown a strong increase step in the right direction towards in- stead of by mail with a postcard, de- in voter turnout in those States who clusive and fully participatory elec- creases the chance for fraud. When citi- have EDR. In 2004, 73.8 percent of all el- tions. It’s clear that people are more zens are registering right in front of igible voters in EDR states voted, com- likely to vote when they know their the election official, on the day of the pared with 60.2 percent of eligible vot- votes will be counted. EDR has proven election, chances of fraud are de- ers in states without EDR—a difference track record of increasing participa- creased. It’s a pretty simple concept, of 13.6 percentage points. The top four tion, and those concerns raised have but a fundamental one. As Secretary of States for turnout in 2004 had EDR— been largely disproven or are easily ad- State Ritchie has said, it’s ‘‘a no- Minnesota 78 percent, Wisconsin 75 per- dressed. In the end EDR allows more brainer.’’ cent, Maine 73 percent, and New Hamp- Americans to do that which is most The myriad of voter registration laws shire 71 percent. The fifth highest state fundamental to the democracy we love across the country are mind-boggling. was Oregon—the universal vote-by- and the freedom we, as Americans, In Nevada, you must register by 9 p.m., mail state. Even more compelling, the stand for—vote. on the fifth Saturday before the elec- turnout is higher even when control- My cosponsors and I think this Elec- tion. A handful of states require reg- ling for competitiveness—in terms of tion Day Registration Act of 2008 is istration 25 days before the election, voter participation, ‘‘safe’’ states with necessary to strengthen our democ- another handful require 29 days. Some EDR significantly outperformed ‘‘safe’’ racy. We welcome our fellow senators have to be postmarked by that date, states without EDR. Voter participa- to support this important legislation. and others have to be received by the tion in those ‘‘Battleground’’ States deadline. A few set the cutoff at 20 with EDR was significantly higher By Mr. DODD:

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S. 2960. A bill to amend the Homeland Chertoff from Senator BYRD and me, $144,000, except regular refinance loans, Security Act of 2002, to establish the the National Security Council finally is equal to 25 percent of the Freddie Office for Bombing Prevention, to en- approved the document in late 2007. Mac conforming loan limit for a single hance the role of State and local bomb Unfortunately, the strategy did not family home. Presently this is $104,250. squads, public safety dive teams, explo- include adequate detail on how state This means lenders making loans up to sive detection canine teams, and spe- and local input would contribute to the $417,000 will receive at least a 25 per- cial weapons and tactics teams in na- federal government’s IED prevention cent guaranty, which is typically re- tional improvised explosive device pre- and preparedness. It also failed to cre- quired to place the loan on the sec- vention policy, to establish a grant ate an IED-specific grant program to ondary market. program to provide for training, equip- ensure that State and local govern- However, current law limits to $36,000 ment, and staffing of State and local ments can carry out their responsibil- the guaranty that can be used for a improvised explosive device preven- ities under the strategy. regular refinance loan. This restriction tion, and for other purposes; to the My bill will address the threat of means a refinance over $144,000 will re- Committee on Homeland Security and IEDs by: sult in a lender not receiving 25 percent Governmental Affairs. First, statutorily establishing the Of- backing from VA and probably not Mr. DODD. Mr. President, today I am fice for Bombing Prevention OBP with- making the loan at all. This situation introducing the National Improvised in FEMA’s Grant Programs Direc- essentially precludes a veteran from Explosive Device, IED, Preparedness torate. being able to refinance his or her exist- and Prevention Act of 2008. This bill Second, tbe bill establishes a Senior ing FHA or conventional loan into a VA guaranteed loan if the loan is will ensure that the brave men and Advisory Committee, SAC, for IED greater than $144,000. women who are called on to respond to Prevention and Response as a sub- To assist veterans in overcoming this bomb threats around the country have committee under the Homeland Secu- obstacle in refinancing, this legislation the necessary tools, training, and per- rity Advisory Council. would increase the maximum guaranty sonnel to keep our communities safe. Third, the bill requires State, Local, limit for refinance loans to the same Furthermore, this bill gives our and Practicing Professional input in level as conventional loans—25 percent State and local responders unprece- Advisory Committee Selection, giving limit for a single family home. Impor- dented access to the federal policy voice to our First Responders who un- tantly, this increase would make the making committees directing the na- derstand first-hand the needs of our maximum VA home loan guaranty tional agencies that keep our homeland communities. equal across the board. secure. Fourth, the legislation establishes a This bill will also increase the per- Regrettably, over the years, our peo- risk-based IED Prevention and Re- centage of an existing loan that VA ple have suffered attacks from home- sponse Grant Program within the will refinance from the current max- made bombs, not only on distant bat- Homeland Security Department’s imum of 90 percent to 95 percent, thus tlefields of Iraq and Afghanistan, but Grant Program Directorate to specifi- allowing more veterans to use their VA here in America. From the 1983 truck cally provide funds for equipment, benefit to refinance their mortgages. bombing of the Beirut Barracks to the training, and personnel in areas where Many veterans do not have ten percent Alfred P. Murrah Federal Building DHS has identified shortfalls. equity and thus are precluded from re- bombing in Oklahoma City to the re- Last, my bill requires the Coast financing to a VA home loan. Given the cent Times Square Military Recruiting Guard to assess the preparedness of our anticipated number of non-VA adjust- Office bombing in New York City, we Nation’s Public Safety Dive Teams, able mortgages that are approaching have seen the devastating effects such PSDT, in the completion of Area Mari- the reset time when payments are like- attacks wield. time Transportation Security and Fa- ly to increase, it seems prudent to fa- These bombs, which have become cility Plans. cilitate veterans refinancing to VA known in the lexicon of the Pentagon Mr. President, we can no longer af- loans. as ‘‘Improvised Explosive Devices’’ or ford to sit on our hands while many of In light of today’s housing and home IEDs, are the number one cause of our IED First Responders have to loan crises, these further refinancing death and injury to our troops over- scrape by with antiquated equipment options will help some veterans to seas. Whether it is in lives lost, eco- and training. bridge financial gaps and allow them to nomic damage, or the simple loss of We have an opportunity to be stay in their homes and escape possible feeling safe in our communities, IEDs proactive, to prepare for the unthink- foreclosures. pose a threat to American security. able events that befell the people of Mr. President, I ask unanimous con- We must therefore ensure that our London and Madrid, just a few short sent that the text of the bill be printed state and local bomb squads, SWAT years ago. in the RECORD. Teams, K–9 units, and public safety Our Nation needs demonstrated capa- There being no objection, the text of dive teams are sufficiently prepared to bility in this vital area, and we in Con- the bill was ordered to be printed in meet this challenge, as they most cer- gress need to lead. I urge my colleagues the RECORD, as follows: tainly will be the first on the scene to to join me in this endeavor. S. 2961 respond to the next IED scare. These Be it enacted by the Senate and House of Rep- courageous public servants put their By Mr. AKAKA: resentatives of the United States of America in lives on the line every day to keep us S. 2961. A bill to amend title 38, Congress assembled, safe. The least we can do is to make United States Code, to enhance the re- SECTION 1. ENHANCEMENT OF REFINANCING OF certain that they have the resources financing of home loans by veterans; to HOME LOANS BY VETERANS. (a) INCLUSION OF REFINANCING LOANS they need and a seat at the table in the Committee on Veterans’ Affairs. AMONG LOANS SUBJECT TO GUARANTY MAX- critical IED policy making discussions. Mr. AKAKA. Mr. President, today I IMUM.—Section 3703(a)(1)(A)(i)(IV) of title 38, That is why I have introduced this leg- introduce a bill that will offer veterans United States Code, is amended by inserting islation and have worked hard to ad- more options for refinancing their ‘‘(5),’’ after ‘‘(3),’’. dress these very real needs. mortgages. My legislation would raise (b) INCREASE IN MAXIMUM PERCENTAGE OF Beginning in April 2006, I worked the guarantee on VA refinance loans LOAN-TO-VALUE OF REFINANCING LOANS SUB- JECT TO GUARANTY.—Section 3710(b)(8) of with Senator ROBERT BYRD to attach a and decrease equity requirements for such title is amended by striking ‘‘90 per- provision to a Homeland Security Ap- refinancing to a VA loan. These provi- cent’’ and inserting ‘‘95 percent’’. propriations bill requiring DHS to sions would allow more qualified vet- produce a national strategy for IED erans to refinance their home loans By Mr. BOND (for himself, Mrs. preparedness. under the VA program. BOXER, Mr. STEVENS, Mr. After numerous delays, and a letter At present, the maximum VA loan OBAMA, Mr. DOMENICI, Mrs. to Homeland Security Secretary guaranty limit for all loans in excess of DOLE, and Ms. MURKOWSKI):

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00069 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.002 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7632 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 May 1, 2008 S. 2963. A bill to improve and enhance ghanistan Veterans’ Association and suicide within two years of separation the mental health care benefits avail- Veterans for Common Sense. or retirement from the military, pro- able to members of the Armed Forces First, our bill improves veterans’ ac- vided they have a documented medical and veterans, to enhance counseling cess to care by expanding the use of history of a combat-related mental- and other benefits available to sur- our Vet Centers. Currently, our Active, health condition, including PTSD or vivors of members of the Armed Forces Guard, and Reserve military personnel TBI. and veterans, and for other purposes; do not have access to the VA’s Vet The Service Member’s survivor will to the Committee on Veterans’ Affairs. Centers, community-based counseling be entitled to the same Social Secu- Mr. BOND. Mr. President, there is an centers which are successfully pro- rity, Survivor Benefit Plan, Veteran’s issue that has been festering in our viding mental health care to veterans. Affairs Benefits, and active duty burial military ranks for quite some time An estimated 30 percent of troops re- benefits that they would have received that we must address now. turn from combat suffering from Post had the Service Member died on their America’s warriors voluntarily leave Traumatic Stress Disorder, Traumatic last day of active duty. the comfort of their homes and fami- Brain Injury, or other mental health Our legislation also creates a grant lies to serve the greater good under problems. But there are grossly insuffi- program for non-profit organizations to very difficult conditions. They are cient numbers of military behavioral provide support services to the families fighting an incredibly complex battle health specialists to provide the care of our deceased Active, Guard, and Re- on an asymmetric battlefield, against our troops need. Recent testimony serve Military personnel and Veterans. an enemy that is not bound by rules of from all military Surgeons General The psychological impact associated war or human decency. They are coura- highlighted the shortage of mental with the loss of a loved one in a combat geously protecting our freedoms—each health professionals service-wide. zone is tremendous. Unfortunately, and every day—against those who seek This legislation will give our troops there are not adequate numbers of to do us harm. As the father of a two- the same access to Vet Centers our vet- military Casualty Assistance Officers tour Iraq War Veteran, this issue is erans receive for mental health care, to serve surviving families. While very close to my heart, and should be which not only opens the door to addi- norofit organizations have professional at the forefront of the Senate’s day-to- tional resources but also lightens the staff that provide long-term and peer- day business. load on our currently over-tasked spe- based emotional support, Department Many of our military service mem- cialists. Additionally, the legislation of Defense Casualty Assistance Officers bers bear the physical scars of war. will reduce the stigma associated with are only temporarily detailed to these Thanks to advances in modern medi- behavior disorders by allowing troops duties and often are unfamiliar with cine and the efforts of brilliant medical to seek treatment outside of conven- the regulations or the emotional needs personnel in the field, many of our war- tional military channels. of surviving families. wounded are able to return to a rel- We also propose to enhance the re- This legislation establishes a com- atively normal life. Our practice of cruitment and training of Military Be- petitive federal grant program for non- compensating disabled veterans finan- havioral Health Specialists through a profit support organizations to provide cially helps our heroes reintegrate and scholarship program that targets vital support services to the surviving assume again civilian status. former service members or service families of deceased military per- A growing concern revolves around members preparing to separate from sonnel. those soldiers, sailors, airmen and Ma- the military. Next, our legislation will ensure the rines who return home with invisible This legislation, overseen by the Vet- fair treatment and care of all of our injuries, the psychological wounds of erans Health Administration, will pro- military personnel, including those war that have had a huge impact on a vide incentives for retiring or sepa- whose discharges may have been large percentage of our military forces. rating military personnel and veterans caused by combat-related mental- Post Traumatic Stress Disorder, to pursue an education in the behav- health condition, including Post Trau- PTSD, Traumatic Brain Injuries, TBI, ioral health field. Over time, that will matic Stress Disorder or Traumatic are not quickly diagnosed because we alleviate the shortage of behavioral Brain Injury. cannot see them. But we know they health specialists who serve our troops Many of those who are forced to exist, and they often manifest years and veterans. leave the military because of perform- later and wreak all sorts of havoc on The estimated cost to recruit an ad- ance issues such as substance abuse or our military, on our military families, ditional 80 to 90 behavioral health spe- anger problems have underlying men- and on our society. cialists a year is $1.5—$2 million annu- tal health conditions such as TBI or The recently-released Rand Study ally. This program would pay for itself PTSD that are not being properly diag- and American Psychiatric Association if it were to save just one veteran from nosed. studies acknowledge the issue and developing 100 percent service-con- In many cases the military has inap- paint a bleak social and financial fu- nected PTSD. propriately discharged these veterans, ture. The question is: What are we We also propose extending the sur- and they subsequently lose access to doing to help these men and women? vivor benefits for Service Members who VA care and other benefits. The answer now is: Not enough. There commit suicide and have a medical his- No veteran that has served this na- are simply not enough resources avail- tory of PTSD or TBI. tion in combat should be denied the able to our combat veterans to deal We know that mental-health issues benefits they earned on the battlefield. adequately with the problem. often manifest long after the service This provision allows the VA to screen Today we are proposing legislation member has left active duty. As a re- the veteran’s discharge, and, if the vet- that will address this crisis. Our pro- sult, Congress has extended free health eran is found to have been improperly posal will address both short- and long- care to five years for recently-dis- diagnosed, to take action to correct term solutions for those suffering from charged veterans with any condition the problem accordingly. PTSD and TBI. We will increase our that may be related to their combat Specifically, this legislation would troops’ access to qualified behavioral- service. reinstate the provision repealed from health specialists and increase the Unfortunately, survivor benefits have the law in 1996 giving the Vet Centers number of those specialists annually in not kept up with this logic. Current the authority to help the new genera- an effort to treat our men and women coverage for veterans who commit sui- tion of war veterans to resolve any and help them cope with their ail- cide does not take into account the problems presented with the character ments. time it takes for PTSD and TBI to of their discharges. My staff has worked closely with the manifest. Finally, our legislation will better VA on these proposals and our legisla- This legislation guarantees benefits prepare our troops for combat through tion has the support of the Iraq and Af- for any Service Member who commits the creation of a pilot program at Ft.

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00070 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.002 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 7633 Leonard Wood, Missouri and Ft. Car- ministration poor marks for pay and pliment EDRP, which is not available son, Colorado. We will provide com- benefits, and for family support. VHA to researchers. prehensive training to educate U.S. also rated poorly among younger em- In recent years, VA has been chal- military personnel on Post Traumatic ployees. To be the health care em- lenged to retain top administrators, es- Stress Disorder—how to prevent it, ployer of choice, VA must be able to pecially those who have spent their ca- how to recognize it when it occurs, and offer competitive salaries, work sched- reers at VA. Their expert knowledge is what to do about it when it happens. ules, and benefits. indispensable to the effective manage- We hope to build resiliency, enhance As Chairman of the Committee on ment of the VA health care system. performance, and mitigate stress Veterans’ Affairs, I held a hearing on However, given the high rates of com- among the troops. April 9, 2008, that focused on personnel pensation available outside of VA, re- The rise in PTSD cases demands a issues within the VA health care sys- tention of these professionals is often new approach to preparing U.S. mili- tem. We heard detailed testimony from difficult. This legislation would pro- tary personnel and their families for VA administrators and health care pro- vide VA with the authority to pay na- the stresses associated with combat. viders. Their testimony outlined the tional administrators additional com- The pilot program is designed to en- challenges VA faces, and suggested pos- pensation so as to better compete with hance the individual’s sible solutions. the private sector. It would also give neurophysiological understanding of This legislation would benefit a wide VA the authority to increase, under stress and trauma resolution and to range of positions within VA. Here are limited circumstances, compensation equip them with performance-enhanc- some of the challenges VA faces, and for pharmacists, doctors, and dentists, ing skills drawn from both the military the solutions I propose. in order for VA to be more competitive special-operations community and the Local labor markets for health care in local labor markets. elite sports world. providers vary widely, and VA must be VA faces many challenges in recruit- The program will train and support better prepared to compete in every ing and retaining nurses. I have worked an Army Brigade Combat Team and market. Locality pay surveys are a with VA administrators and nurses to their families at all stages of a sol- crucial tool in this effort. However, a develop solutions to these challenges. dier’s tour: pre-deployment, mid-de- recent GAO report on nurse anes- This legislation would give VA more ployment and post-deployment. thetists revealed a locality pay system tools to attract and keep these employ- Addressing PTSD head on through that is inconsistent and often dysfunc- ees. Alternative work schedules are now self-awareness training will teach mili- tional. The bill I am introducing would commonly available in other health tary personnel to cope better with make implementation of locality pay surveys more effective by requiring ad- care systems. At VA, part-time and al- combat-related issues and reduce the ternative work schedules are under-uti- ditional training on proper implemen- need and cost for long-term treatment. lized, and as a result, VA loses prospec- tation, and improving transparency to The long-term effects of untreated tive hires and damages employee mo- allow for better oversight. mental illness are severe: drug and al- rale. This legislation would clarify al- cohol abuse, job and marital problems, This legislation would also encourage retention of experienced professionals ternative work schedule and weekend even suicide. duty rules. By making these schedules by removing salary offsets for retired We can prevent much of this unfortu- easier to implement, it is my hope that employees who choose to return to nate legacy by prompt and effective VA will expand their use. treatment when our troops come home. work at VA. In the coming years, a sig- This bill would also make it easier We are all the beneficiaries of the nificant portion of the VA workforce for VA to hire and retain part-time sacrifices of others. Our responsibility will reach the age of retirement. Elimi- nurses by limiting probationary peri- is to continue to improve the ways in nating the salary offset by the amount ods and expanding eligibility for over- which we support our troops and their of an employee’s retirement annuity time pay. For nurses who transition families. would encourage these experienced pro- from full-time to part-time, this legis- They do not take our freedom for fessionals to return to VA. lation would eliminate the proba- granted; we should not take their sac- Education benefits are often among tionary period they are now required to rifices for granted. the chief advantages of employment at serve. This provision would be ex- I ask my colleagues on both sides of VA, and I believe these benefits can be tremely helpful in encouraging experi- the aisle to support these proposals. used for an even greater effect. VA has enced nurses to extend their careers at extensive programs to encourage fur- VA beyond the customary age of retire- By Mr. AKAKA: ther education within their workforce, ment. S. 2969. A bill to amend title 38, and to provide financial assistance for In many locations, VA cannot com- United States Code, to enhance the ca- employees with educational debt. This pete with other health care systems for pacity of the Department of Veterans legislation would increase yearly ben- many nursing positions, particularly Affairs to recruit and retain nurses and efit limits on the Education Debt Re- certified registered nurse anes- other critical health-care profes- duction Program—EDRP—and would thetists—CRNAs—and licensed prac- sionals, and for other purposes; to the broaden the goals of that program to tical and vocational nurses. A recent Committee on Veterans’ Affairs. include retention as well as recruit- GAO report on CRNAs in VA noted Mr. AKAKA. Mr. President, today I ment. In so doing, the EDRP would be that VA spends thousands of dollars on am introducing legislation to address made available to both long-time VA contract nurses to cover staffing gaps. personnel issues in the Department of employees and new hires. It would also The use of contract nurses, while ap- Veterans Affairs. This legislation, pro- reauthorize the Health Professionals propriate in some situations, is not a posed Veterans’ Medical Personnel Re- Scholarship Program, and would broad- permanent solution to the long-term cruitment and Retention Act of 2008, en eligibility to a wider range of health staffing shortfall. The bill I am intro- would help ensure that VA has the professions. ducing would raise or eliminate pay workforce necessary to serve America’s Further, to make VA more attractive caps currently placed on these dif- veterans most effectively. to clinical researchers, this legislation ficult-to-fill positions. These provi- Health care providers are the back- would provide VA with authorities sions are derived directly from testi- bone of the VA system. Yet today, the similar to the Loan Repayment Pro- mony the Committee heard from VA Department faces a shortage of these gram of the National Health Service nurses and administrators at the April professionals. Around the country, too Corps. VA would be authorized to use 9, 2008, hearing. many facilities are understaffed, at the funds from medical services appropria- This legislation would also clarify cost of services for veterans. A recent tions to help researchers in need of fi- rules about emergency duty for VA report by the Partnership for Public nancial assistance to payoff their edu- nurses. The use of emergency manda- Service gave the Veterans Health Ad- cation loans. This program would com- tory overtime has been an issue in

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00071 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.002 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7634 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 May 1, 2008 many VA facilities, and in other health period ending upon the completion by the (f) COMPARABILITY PAY PROGRAM FOR AP- care systems. I believe this legislation person so appointed of 4,180 hours of work POINTEES TO THE OFFICE OF THE UNDER SEC- provides a reasonable solution. By pursuant to such appointment. RETARY FOR HEALTH.—Section 7410 of such standardizing the definition of ‘‘emer- ‘‘(3) An appointment described in sub- title is amended— section (a) on a part-time basis of a person (1) by striking ‘‘The Secretary may’’ and gency,’’ it would facilitate more con- who has previously served on a full-time inserting ‘‘(a) IN GENERAL.—The Secretary sistent and equitable use of emergency basis for the probationary period for the po- may’’; and mandatory overtime. sition concerned shall be without a proba- (2) by adding at the end the following new I believe that this legislation will tionary period.’’. subsection: give VA the tools it needs to recruit (c) PROHIBITION ON TEMPORARY PART-TIME ‘‘(b) COMPARABILITY PAY FOR APPOINTEES and retain the best health care profes- NURSE APPOINTMENTS IN EXCESS OF 4,180 TO THE OFFICE OF THE UNDER SECRETARY FOR sionals in the Nation. I also anticipate HOURS.—Section 7405(f)(2) of such title is HEALTH.—(1) The Secretary may authorize the Under Secretary for Health to provide that it will improve employee morale, amended by inserting after ‘‘year’’ the fol- lowing: ‘‘, except that a part-time appoint- comparability pay of not more than $100,000 as well as improving transparency and ment of a nurse shall not exceed 4,180 hours’’. per year to individuals of the Veterans oversight. As we have heard many (d) WAIVER OF OFFSET FROM PAY FOR CER- Health Administration appointed under sec- times, VA faces a looming retirement TAIN REEMPLOYED ANNUITANTS.— tion 7306 of this title who are not physicians crisis. The solutions proposed in this (1) IN GENERAL.—Section 7405 of such title or dentists to achieve annual pay levels for legislation seek to address these chal- is amended by adding at the end the fol- such individuals that are comparable with lenges. lowing: annual pay levels of individuals with similar I urge my colleagues to support the ‘‘(g)(1) The Secretary may waive the appli- positions in the private sector. ‘‘(2) Comparability pay under paragraph (1) proposed Veterans’ Medical Personnel cation of sections 8344 and 8468 of title 5 (re- lating to annuities and pay on reemploy- for an individual is in addition to all other Recruitment and Retention Act of 2008. ment) or any other similar provision of law pay, awards, and performance bonuses paid Mr. President, I ask unanimous con- under a Government retirement system on a to such individual under this title. sent that the text of the bill be printed case-by-case basis for an annuitant reem- ‘‘(3) Except as provided in paragraph (4), in the RECORD. ployed on a temporary basis under the au- comparability pay under paragraph (1) for an There being no objection, the text of thority of subsection (a) in a position de- individual shall be considered basic pay for the bill was ordered to be printed in scribed under paragraph (1) of that sub- all purposes, including retirement benefits under chapters 83 and 84 of title 5, and other the RECORD, as follows: section. ‘‘(2) An annuitant to whom a waiver under benefits. S. 2969 paragraph (1) is in effect shall not be consid- ‘‘(4) Comparability pay under paragraph (1) Be it enacted by the Senate and House of Rep- ered an employee for purposes of any Gov- for an individual shall not be considered resentatives of the United States of America in ernment retirement system. basic pay for purposes of adverse actions Congress assembled, ‘‘(3) An annuitant to whom a waiver under under subchapter V of this chapter. ‘‘(5) Comparability pay under paragraph (1) SECTION 1. SHORT TITLE. paragraph (1) is in effect shall be subject to may not be awarded to an individual in an This Act may be cited as the ‘‘Veterans’ the provisions of chapter 71 of title 5 (includ- amount that would result in an aggregate Medical Personnel Recruitment and Reten- ing all labor authority and labor representa- amount of pay (including bonuses and tion Act of 2008’’. tive collective bargaining agreements) appli- cable to the position to which appointed. awards) received by such individual in a year SEC. 2. ENHANCEMENT OF AUTHORITIES FOR RE- under this title that is greater than the an- TENTION OF MEDICAL PROFES- ‘‘(4) In this subsection: nual pay of the President.’’. SIONALS. ‘‘(A) The term ‘annuitant’ means an annu- (g) SPECIAL INCENTIVE PAY FOR DEPART- (a) SECRETARIAL AUTHORITY TO EXTEND itant under a Government retirement sys- MENT PHARMACIST EXECUTIVES.—Section 7410 TITLE 38 STATUS TO ADDITIONAL POSITIONS.— tem. of such title, as amended by subsection (f), is (1) IN GENERAL.—Paragraph (3) of section ‘‘(B) The term ‘employee’ has the meaning further amended by adding at the end the 7401 of title 38, United States Code, is amend- under section 2105 of title 5. following new subsection: ed by striking ‘‘and blind rehabilitation out- ‘‘(C) The term ‘Government retirement ‘‘(c) SPECIAL INCENTIVE PAY FOR DEPART- patient specialists.’’ and inserting the fol- system’ means a retirement system estab- MENT PHARMACIST EXECUTIVES.—(1) In order lowing: ‘‘blind rehabilitation outpatient spe- lished by law for employees of the Govern- to recruit and retain highly qualified Depart- cialists, and such other classes of health care ment of the United States.’’. ment pharmacist executives, the Secretary occupations as the Secretary considers nec- (2) EFFECTIVE DATE.—The amendment may authorize the Under Secretary for essary for the recruitment and retention made by paragraph (1) shall take effect on Health to pay special incentive pay of not needs of the Department subject to the fol- the date that is six months after the date of more than $40,000 per year to an individual of lowing requirements: the enactment of this Act, and shall apply to the Veterans Health Administration who is a ‘‘(A) Not later than 45 days before the Sec- pay periods beginning on or after such effec- pharmacist executive. retary appoints any personnel for a class of tive date. ‘‘(2) In determining whether and how much health care occupations that is not specifi- (e) MINIMUM RATE OF BASIC PAY FOR AP- special pay to provide to such individual, the cally listed in this paragraph, the Secretary POINTEES TO THE OFFICE OF THE UNDER SEC- Under Secretary shall consider the following: shall submit to the Committee on Veterans’ RETARY FOR HEALTH SET TO LOWEST RATE OF ‘‘(A) The grade and step of the position of Affairs of the Senate, the Committee on Vet- BASIC PAY PAYABLE FOR A SENIOR EXECUTIVE the individual. erans’ Affairs of the House of Representa- SERVICE POSITION.— ‘‘(B) The scope and complexity of the posi- tives, and the Office of Management and (1) IN GENERAL.—Section 7404(a) of such tion of the individual. Budget notice of such appointment. title is amended— ‘‘(C) The personal qualifications of the in- ‘‘(B) Before submitting notice under sub- (A) by striking ‘‘The annual’’ and inserting dividual. paragraph (A), the Secretary shall solicit ‘‘(1) The annual’’; ‘‘(D) The characteristics of the labor mar- comments from any labor organization rep- (B) by striking ‘‘The pay’’ and inserting ket concerned. resenting employees in such class and in- the following: ‘‘(E) Such other factors as the Secretary clude such comments in such notice.’’. ‘‘(2) The pay’’; considers appropriate. (2) APPOINTMENT OF NURSE ASSISTANTS.— (C) by striking ‘‘under the preceding sen- ‘‘(3) Special incentive pay under paragraph Such paragraph is further amended by in- tence’’ and inserting ‘‘under paragraph (1)’’; (1) for an individual is in addition to all serting ‘‘nurse assistants,’’ after ‘‘licensed and other pay (including basic pay) and allow- practical or vocational nurses,’’. (D) by adding at the end the following: ances to which the individual is entitled. (b) PROBATIONARY PERIODS FOR NURSES.— ‘‘(3) The minimum rate of basic pay for a ‘‘(4) Except as provided in paragraph (5), Section 7403(b) of such title is amended— position to which an Executive order applies special incentive pay under paragraph (1) for (1) in paragraph (1), by striking ‘‘Appoint- under paragraph (1) and is not described by an individual shall be considered basic pay ments’’ and inserting ‘‘Except as otherwise paragraph (2) may not be less than the low- for all purposes, including retirement bene- provided in this subsection, appointments’’; est rate of basic pay payable for a Senior Ex- fits under chapters 83 and 84 of title 5, and (2) by redesignating paragraph (2) as para- ecutive Service position under section 5382 of other benefits. graph (4); and title 5.’’. ‘‘(5) Special incentive pay under paragraph (3) by inserting after paragraph (1) the fol- (2) EFFECTIVE DATE.—The amendments (1) for an individual shall not be considered lowing new paragraphs: made by paragraph (1) shall take effect on basic pay for purposes of adverse actions ‘‘(2) An appointment of a nurse under this the first day of the first pay period beginning under subchapter V of this chapter. chapter, whether on a full-time basis or a after the day that is 180 days after the date ‘‘(6) Special incentive pay under paragraph part-time basis, shall be for a probationary of the enactment of this Act. (1) may not be awarded to an individual in an

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(D) in subsection (e)— term ‘nurse’ includes the following; (i) ADJUSTMENT OF PAY CAP FOR NURSES.— (i) in paragraph (1), by striking ‘‘eight ‘‘(1) A registered nurse. Section 7451(c)(2) of such title is amended by hours in a day’’ and inserting ‘‘eight con- ‘‘(2) A licensed practical or vocational striking ‘‘title 5’’ and inserting ‘‘title 5 or secutive hours’’; and nurse. the level of GS–15 as prescribed under section (ii) in paragraph (5)(A), by striking ‘‘tour ‘‘(3) A nurse assistant appointed under this 5332 of such title, whichever is greater’’. of duty’’ and inserting ‘‘period of service’’. chapter or title 5. (j) EXEMPTION FOR CERTIFIED REGISTERED (2) EXCLUSION OF APPLICATION OF ADDI- ‘‘(4) Any other nurse position designated NURSE ANESTHETISTS FROM LIMITATION ON TIONAL NURSE PAY PROVISIONS TO CERTAIN AD- by the Secretary for purposes of this sec- AUTHORIZED COMPETITIVE PAY.—Section DITIONAL EMPLOYEES.—Section 7454(b)(3) of tion.’’. 7451(c)(2) of such title is further amended by such title is amended to read as follows: (2) CLERICAL AMENDMENT.—The table of adding at the end the following new sen- ‘‘(3) Employees appointed under section sections at the beginning of chapter 74 of tence: ‘‘The maximum rate of basic pay for a 7408 of this title performing service on a tour such title is amended by inserting after the grade for the position of certified registered of duty, any part of which is within the pe- item relating to section 7458 the following nurse anesthetist pursuant to an adjustment riod commencing at midnight Friday and new item: under subsection (d) may exceed the max- ending at midnight Sunday, shall receive ad- ‘‘7459. Nurses: special rules for overtime imum rate otherwise provided in the pre- ditional pay in addition to the rate of basic duty.’’. ceding sentence.’’. pay provided such employees for each hour of (b) WEEKEND DUTY.—Section 7456 of such (k) LOCALITY PAY SCALE COMPUTATIONS.— service on such tour at a rate equal to 25 per- title is amended— (1) EDUCATION, TRAINING, AND SUPPORT FOR cent of such employee’s hourly rate of basic (1) in subsection (a) by striking ‘‘regularly FACILITY DIRECTORS IN WAGE SURVEYS.—Sec- pay.’’. scheduled 12-hour tour of duty’’ and insert- tion 7451(d)(3) of such title is amended by (n) EXEMPTION OF ADDITIONAL NURSE POSI- ing ‘‘scheduled 12-hour periods of service’’; adding at the end the following new subpara- TIONS FROM LIMITATION ON INCREASE IN (2) in subsection (b)— graph: RATES OF BASIC PAY.—Section 7455(c)(1) of (A) in paragraph (2), by striking ‘‘service ‘‘(F) The Under Secretary for Health shall such title is amended by inserting after performed as part of a regularly scheduled provide appropriate education, training, and ‘‘nurse anesthetists,’’ the following: ‘‘li- 12-hour tour of duty’’ and inserting ‘‘any support to directors of Department health- censed practical nurses, licensed vocational service performed’’; and care facilities in the conduct and use of sur- nurses, and nursing positions otherwise cov- (B) in paragraph (3)— veys under this paragraph.’’. ered by title 5,’’. (i) in subparagraph (A), by striking ‘‘regu- (2) INFORMATION ON METHODOLOGY USED IN SEC. 3. LIMITATIONS ON OVERTIME DUTY, WEEK- larly scheduled two 12-hour tours of duty’’ WAGE SURVEYS.—Section 7451(e)(4) of such END DUTY, AND ALTERNATIVE and inserting ‘‘scheduled 12-hour period of title is amended— WORK SCHEDULES FOR NURSES. service’’; (A) by redesignating subparagraph (D) as (a) OVERTIME DUTY.— (ii) in subparagraph (B), by striking ‘‘regu- subparagraph (E); and (1) IN GENERAL.—Subchapter IV of chapter larly scheduled two 12-hour tour of duty’’ (B) by inserting after subparagraph (C) the 74 of title 38, United States Code, is amended and inserting ‘‘scheduled 12-hour period of following new subparagraph (D): by adding at the end the following new sec- service’’; and ‘‘(D) In any case in which the director con- tion: (iii) in subparagraph (C), by striking ‘‘regu- ducts such a wage survey during the period ‘‘§ 7459. Nurses: special rules for overtime larly scheduled two 12-hour tours of duty’’ covered by the report and makes adjustment duty and inserting ‘‘scheduled two 12-hour periods in rates of basic pay applicable to one or ‘‘(a) LIMITATION.—Except as provided in of service’’; more covered positions at the facility, infor- subsection (c), the Secretary may not re- (3) by striking subsection (c); and mation on the methodology used in making quire a nurse to work more than 40 hours (or (4) by redesignating subsection (d) as (c). such adjustment or adjustments.’’. 24 hours if such nurse is covered under sec- (c) ALTERNATE WORK SCHEDULES.— (3) DISCLOSURE OF INFORMATION TO PERSONS tion 7456) in an administrative work week or (1) IN GENERAL.—Section 7456A(b)(1)(A) of IN COVERED POSITIONS.—Section 7451(e) of more than eight consecutive hours (or 12 such title is amended by striking ‘‘three reg- such title is further amended by adding at hours if such nurse is covered under section ularly scheduled’’ and all that follows the end the following new paragraph: 7456 or 7456A). through the period at the end and inserting ‘‘(6)(A) Upon the request of an individual ‘‘(b) VOLUNTARY OVERTIME.—(1) A nurse ‘‘six regularly scheduled 12-hour periods of described in subparagraph (B) for a report may on a voluntary basis elect to work hours service within a pay period shall be consid- provided under paragraph (4) with respect to otherwise prohibited by subsection (a). ered for all purposes to have worked a full 80- a Department health-care facility, the Under ‘‘(2) The refusal of a nurse to work hours hour pay period.’’. Secretary for Health or the director of such prohibited by subsection (a) shall not be (2) CONFORMING AMENDMENTS.—Section facility shall provide to the individual the grounds to discriminate (within the meaning 7456A(b) of such title is amended— most current report for such facility pro- of section 704(a) of the Civil Rights Act of (A) in the subsection heading, by striking vided under such paragraph. 1964 (42 U.S.C. 2000e–3(a))) against the nurse, ‘‘36/40’’ and inserting ‘‘72/80’’;

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(B) in paragraph (2)— (3) FUNDING.—Amounts for the repayment Whereas the El Dorado Promise scholar- (i) in subparagraph (A), by striking ‘‘40- of principal and interest of educational loans ship is a tuition scholarship, created and hour basic work week’’ and inserting ‘‘80- under this subsection shall be derived from funded by Murphy Oil Corporation, which en- hour pay period’’; amounts available to the Secretary of Vet- ables all eligible high school graduates of the (ii) in subparagraph (B), by striking ‘‘regu- erans for the Veterans Health Administra- El Dorado Public School District in El Do- larly scheduled 36-hour tour of duty within tion for Medical Services. rado, Arkansas, to attend any accredited 2- the work week’’ and inserting ‘‘scheduled 72- f or 4-year, public or private, college or uni- hour period of service within the bi-weekly versity; pay period’’; SUBMITTED RESOLUTIONS Whereas school enrollment in the El Do- (iii) in subparagraph (C)— rado Public School District has significantly (I) in clause (i), by striking ‘‘regularly increased since the El Dorado Promise schol- scheduled 36-hour tour of duty within an ad- SENATE RESOLUTION 544—DESIG- arship program was established, despite a 15- ministrative work week’’ and inserting NATING MAY 5 THROUGH 9, 2008, year trend of decreasing enrollment; ‘‘scheduled 72-hour period of service within AS NATIONAL SUBSTITUTE Whereas the El Dorado Promise scholar- an administrative pay period’’; TEACHER RECOGNITION WEEK ship program increased the number of El Do- (II) in clause (ii), by striking ‘‘regularly rado High School students who chose to at- scheduled 12-hour tour of duty’’ and insert- Mr. HATCH (for himself, Mrs. CLIN- tend college after graduation by 20 percent; ing ‘‘scheduled 12-hour period of service’’; TON, Mr. COCHRAN, and Mr. SANDERS) and and submitted the following resolution; Whereas, on April 30, 2008, El Dorado High (III) in clause (iii), by striking ‘‘regularly which was considered and agreed to: School students who receive El Dorado scheduled 36-hour tour of duty work week’’ S. RES. 544 Promise and other academic scholarships and inserting ‘‘scheduled 72-hour period of sign academic letters of intent for the col- Whereas, on average, as much as 1 full year service pay period’’; and leges they will be attending upon gradua- of a child’s elementary and secondary edu- (iv) in subparagraph (D), by striking ‘‘regu- tion: Now, therefore, be it cation is taught by substitute teachers; larly scheduled 12-hour tour of duty’’ and in- Resolved, That the Senate— Whereas, on any given day in the United serting ‘‘scheduled 12-hour period of serv- (1) congratulates the recipients of the El States, more than 270,000 classes are taught ice’’; and Dorado Promise scholarship for choosing to by substitute teachers; (C) in paragraph (3), by striking ‘‘regularly further their education; Whereas formal training of substitute scheduled 12-hour tour of duty’’ and insert- (2) recognizes April 30, 2008, as the second teachers has been shown to improve the ing ‘‘scheduled 12-hour period of service’’. Academic Signing Day for graduating El Do- quality of education, lower school district li- SEC. 4. IMPROVEMENTS TO CERTAIN EDU- rado High School students receiving El Do- CATIONAL ASSISTANCE PROGRAMS. ability, reduce the number of student and rado Promise and other academic scholar- (a) REINSTATEMENT OF HEALTH PROFES- faculty complaints, and increase retention ships; SIONALS EDUCATIONAL ASSISTANCE SCHOLAR- rates of substitute teachers; (3) acknowledges that the El Dorado Prom- SHIP PROGRAM.— Whereas a strong, effective system of edu- ise scholarship program is important for the (1) IN GENERAL.—Section 7618 of title 38, cation for all children and youth is essential revitalization of southern Arkansas; and United States Code, is amended by striking to our Nation’s continued strength and pros- (4) recognizes Murphy Oil Corporation for ‘‘December 31, 1998’’ and inserting ‘‘Decem- perity; its efforts to ensure that children from ber 31, 2013’’. Whereas much of a child’s growth and southern Arkansas, who might otherwise (2) EXPANSION OF ELIGIBILITY REQUIRE- progress can be attributed to the efforts of struggle in financing a college education, are MENTS.—Paragraph (2) of section 7612(b) of dedicated teachers and substitute teachers able to attend college. such title is amended by striking ‘‘(under who are entrusted with the child’s edu- section’’ and all that follows through the pe- cational development; f riod at the end and inserting the following: Whereas substitute teachers play a vital SENATE RESOLUTION 546—DESIG- ‘‘as an appointee under paragraph (1) or (3) of role in maintaining continuity of instruction NATING MAY 2008 AS ‘‘NATIONAL section 7401 of this title.’’. and a positive learning environment in the (b) IMPROVEMENTS TO EDUCATION DEBT RE- absence of a permanent classroom teacher; PHYSICAL FITNESS AND SPORTS DUCTION PROGRAM.— and MONTH’’ AND THE WEEK OF MAY (1) INCLUSION OF EMPLOYEE RETENTION AS Whereas substitute teachers should be rec- 1 THROUGH MAY 7, AS ‘‘NA- PURPOSE OF PROGRAM.—Section 7681(a)(2) of ognized for their dedication and commit- TIONAL PHYSICAL EDUCATION such title is amended by inserting ‘‘and re- ment: Now, therefore, be it AND SPORTS WEEK’’ tention’’ after ‘‘recruitment’’ the first time Resolved, That the Senate— it appears. (1) designates May 5 through 9, 2008, as the Mr. THUNE (for himself and Mr. (2) ELIGIBILITY.—Section 7682 of such title 7th annual National Substitute Teacher Rec- WYDEN) submitted the following reso- is amended— ognition Week; lution; which was considered and (A) in subsection (a)(1), by striking ‘‘a re- (2) recognizes the important and vital role agreed to: cently appointed’’ and inserting ‘‘an’’; and substitute teachers play in a child’s edu- S. RES. 546 (B) by striking subsection (c). cation; and Whereas regular physical activity helps in- (3) MAXIMUM AMOUNTS OF ASSISTANCE.—Sec- (3) encourages educational institutions to crease endurance, strengthen bones and mus- tion 7683(d)(1) of such title is amended— observe the week with appropriate events cles, control weight, and reduce anxiety and (A) by striking ‘‘$44,000’’ and inserting and activities. ‘‘$60,000’’; and stress, and may improve blood pressure and (B) by striking ‘‘$10,000’’ and inserting f cholesterol levels; ‘‘$12,000’’. SENATE RESOLUTION 545—HON- Whereas about 2⁄3 of young people in the (c) LOAN REPAYMENT PROGRAM FOR CLIN- ORING THE RECIPIENTS OF THE ninth through 12th grades do not engage in ICAL RESEARCHERS FROM DISADVANTAGED recommended levels of physical activity, and EL DORADO PROMISE SCHOLAR- BACKGROUNDS.— daily participation in high school physical (1) IN GENERAL.—The Secretary of Veterans SHIP education classes has declined over the last 7 Affairs may, in consultation with the Sec- Mr. PRYOR (for himself and Mrs. years; retary of Health and Human Services, utilize LINCOLN) submitted the following reso- Whereas 39 percent of adults report they the authorities available in section 487E of lution; which was considered and are not physically active, and only 3 in 10 the Public Health Service Act (42 U.S.C. 288– adults engage in the recommended amount 5) for the repayment of the principal and in- agreed to: of physical activity; terest of educational loans of appropriately S. RES. 545 Whereas, in 2004, more than 9,000,000 chil- qualified health professionals who are from Whereas the 2000 United States Census de- dren and adolescents in the United States be- disadvantaged backgrounds in order to se- termined that El Dorado, Arkansas, had a tween the ages of 6 and 19 were considered cure clinical research by such professionals significantly lower percentage of residents overweight; for the Veterans Health Administration. with degrees from institutions of higher edu- Whereas obesity and inactivity are 2 major (2) LIMITATIONS.—The exercise by the Sec- cation and a significantly higher percentage risk factors for developing type 2 diabetes, a retary of Veterans Affairs of the authorities of families who fell below the poverty line disease that affects millions of people in the referred to in paragraph (1) shall be subject than the national average; United States; to the conditions and limitations specified in Whereas it is increasingly important for Whereas many chronic diseases may be paragraphs (2) and (3) of section 487E(a) of students to obtain a college education in prevented by living a healthy lifestyle that the Public Health Service Act (42 U.S.C. 288– order to keep up with the demands of the includes regular physical activity and a bal- 5(2) and (3)). modern workforce and global economy; anced diet;

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Whereas, according to the Centers for Dis- aimed at eliminating workplace fatalities, S. RES. 548 ease Control and Prevention, the American injuries, and illnesses; Whereas, since the inception of the Heart Association, and the American College Whereas our society has long recognized AmeriCorps national service program in 1994, of Sports Medicine, minimum physical activ- that a safe and healthy workplace positively AmeriCorps has proven to be highly effective ity for adults consists of moderate activity impacts employee morale, health, and pro- at promoting the ethic of service and volun- for 30 minutes 5 days a week or vigorous ac- ductivity; teering and engaging people in the United tivity for 20 minutes 3 days a week; Whereas the purpose of the North Amer- States in meeting a wide range of local Whereas, according to a 1996 report by the ican Occupational Safety and Health Week needs; Surgeon General, positive experiences with (NAOSH) is to raise awareness among em- Whereas, since 1994, more than physical activity at a young age help to lay ployees, employers, and the general public of $5,000,000,000 in AmeriCorps funds have been the foundation for being active throughout the benefits of investing in occupational invested in nonprofit, community, edu- life; safety and health; cational, and faith-based groups, and those Whereas the President’s Council on Phys- Whereas the more than 32,000 members of funds have led to the contribution of hun- ical Fitness and Sports promotes regular the American Society of Safety Engineers, dreds of millions of dollars of additional physical activity to achieve and maintain along with the more than 150,000 combined funds and in-kind donations from other good health and to prevent chronic disease members of the American Association of Oc- sources; and offers motivational tools through the cupational Health Nurses, the American Whereas, since 1994, approximately 542,000 President’s Challenge program for people of Heart Association, and the National Associa- people have taken the AmeriCorps pledge to all ages to track physical activity; and tion of Homebuilders, will be mobilizing to ‘‘get things done for America’’ by becoming Whereas the month of May has been recog- encourage safe practices, and increase the AmeriCorps members; nized since 1983 as National Physical Fitness quality of life for employees and employers; Whereas, each year, AmeriCorps provides and Sports Month to encourage physical fit- Whereas the theme of NAOSH Week 2008 is opportunities for 75,000 people across the ness and activity and to promote health in ‘‘safety is good business’’, highlighting that United States to give back in an intensive children and adults of all ages: Now, there- businesses operate more efficiently and are way to their districts, their States, and the fore, be it more respected when they use effective safe- Nation; Resolved, That the Senate— ty and health management systems; and Whereas AmeriCorps members have served (1) designates— Whereas, on May 7, 2008, occupational safe- a total of more than 705,000,000 hours nation- (A) May 2008 as ‘‘National Physical Fitness ty and health professionals will be recog- wide, helping to improve the lives of the Na- and Sports Month’’; and nized during the 3rd annual Occupational tion’s most vulnerable citizens, protect the (B) the week of May 1 through May 7, 2008, Safety and Health Professionals Day for the environment, contribute to public safety, re- as ‘‘National Physical Education and Sports work they do to keep people safe at work: spond to disasters, and strengthen the edu- Week’’; and Now, therefore, be it cational system of the United States; (2) encourages the people of the United Resolved, That the Senate— Whereas, in 2007, AmeriCorps members re- States to observe the month and the week (1) designates the week of May 4 through cruited and supervised more than 1,700,000 with appropriate ceremonies and activities. 10, 2008, as ‘‘North American Occupational community volunteers, demonstrating the f Safety and Health Week’’; value of AmeriCorps as a powerful force for (2) designates May 7, 2008, as ‘‘Occupa- encouraging people to become involved in SENATE RESOLUTION 547—DESIG- tional Safety and Health Professionals Day’’; volunteering; NATING THE WEEK OF MAY 4 (3) commends occupational safety, health, Whereas, in 2007, AmeriCorps members THROUGH MAY 10, 2008 AS and environmental practitioners for their served 4,100 nonprofit organizations, schools, ‘‘NORTH AMERICAN OCCUPA- ongoing commitment to protecting people, and faith-based and community organiza- TIONAL SAFETY AND HEALTH property, and the environment; tions; WEEK’’ AND MAY 7, 2008, AS ‘‘OC- (4) commends those businesses that en- Whereas AmeriCorps members nationwide, courage a strong safety culture and incor- in return for their service, have earned near- CUPATIONAL SAFETY AND porate occupational safety and health into HEALTH PROFESSIONALS DAY’’ ly $1,430,000,000 to use to further their own their business strategies; educational advancement at the Nation’s Mr. DURBIN (for himself, Mr. (5) encourages all industries, organiza- colleges and universities; ISAKSON, Mr. KENNEDY, and Mr. OBAMA) tions, community leaders, employers, and Whereas, after AmeriCorps members com- submitted the following resolution; employees to join with the American Society plete their terms of service, those members which was considered and agreed to: of Safety Engineers to support activities remain engaged in their communities as vol- aimed at increasing awareness of the impor- unteers, teachers, and nonprofit profes- S. RES. 547 tance of preventing illness, injury, and death sionals in exceptionally high levels; and Whereas every year more than 5,700 people in the workplace, during the week of May 4 Whereas ‘‘AmeriCorps Week’’ is observed die from job-related injuries and 4,400,000 through May 10, 2008, and throughout the the week beginning May 11, 2008, and is an more incur occupational injuries and ill- year; and opportune time for the people of the United nesses in the United States; (6) urges all people of the United States to States to salute current and former Whereas transportation crashes continue continue to act responsibly and to be safe at AmeriCorps members for their powerful im- to be the number 1 cause of on-the-job work so that the millions of people who go to pact on the lives of people in the United deaths, and overall in 2005 there were work return home safely every day to their States, to thank AmeriCorps’s community 6,159,000 transportation accidents resulting families and friends. partners for making the program possible, in 43,433 deaths, 2,700,000 injuries, and an es- f and to encourage more people in the United timated $230,600,000,000 in tangible costs; States to become involved in service and vol- Whereas businesses spend $170,000,000,000 a SENATE RESOLUTION 548—RECOG- unteering: Now, therefore, be it year on costs associated with occupational NIZING THE ACCOMPLISHMENTS Resolved, That the Senate— injuries and illnesses; OF THE MEMBERS AND ALUMNI (1) encourages the people of the United Whereas it is imperative that employers, States to join in a national effort to salute employees, and the general public are aware OF AMERICORPS AND THE CON- AmeriCorps members and alumni and raise of the importance of preventing illness and TRIBUTIONS OF AMERICORPS TO awareness about the importance of national injury in the workplace–wherever that work- THE LIVES OF THE PEOPLE OF and community service; place may be, such as on the road, in the air, THE UNITED STATES (2) acknowledges the significant accom- the classroom, the store, the plant, or the of- plishments of the members, alumni, and Mr. DODD (for himself, Mr. COCHRAN, fice; community partners of AmeriCorps; Whereas each year the families, friends, Mr. KENNEDY, Ms. MURKOWSKI, Ms. MI- (3) recognizes the important contributions and co-workers of victims of on-the-job acci- KULSKI, Mr. MCCAIN, Mrs. CLINTON, Ms. of AmeriCorps members and alumni to the dents suffer intangible losses and grief, espe- SNOWE, Mrs. MURRAY, Mr. WICKER, Mr. lives of the people of the United States; and cially when proper safety measures could OBAMA, Mr. SMITH, Mr. BROWN, Mr. (4) encourages people of all ages to con- have prevented worker injury or death; DURBIN, Mr. ROCKEFELLER, Mr. FEIN- sider opportunities to serve in AmeriCorps. Whereas everyday millions of people go to GOLD, Mr. BAYH, Mr. CASEY, Mr. Mr. DODD. Mr. President, I rise and return home from work safely due, in MENENDEZ, and Mr. LIEBERMAN) sub- today along with Senator COCHRAN and part, to the efforts of occupational safety, health, and environmental practitioners who mitted the following resolution; which others to celebrate the achievements of work day in and day out identifying hazards was referred to the Committee on the members and alumni of and implementing safety and health ad- Health, Education, Labor, and Pen- AmeriCorps and to recognize the week vances across industries and workplaces, sions: of May 11, 2008, as ‘‘AmeriCorps Week.’’

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00075 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.002 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7638 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 May 1, 2008 These young men and women have AmeriCorps and contributing their submitted by Mr. SCHUMER (for himself, Mrs. dedicated their time and efforts toward skills and talents to bettering this Na- CLINTON, Mr. LAUTENBERG, Mr. MENENDEZ, improving the lives of all Americans by tion. Mrs. MURRAY, and Ms. CANTWELL) and in- protecting the environment, strength- tended to be proposed to the bill H.R. 2881, f supra; which was ordered to lie on the table. ening education, responding to disas- SA 4650. Mr. COBURN submitted an amend- ters, and supporting public health and AMENDMENTS SUBMITTED AND PROPOSED ment intended to be proposed by him to the safety. bill H.R. 2881, supra; which was ordered to lie Since 1994, AmeriCorps has encour- SA 4635. Mr. KYL submitted an amend- on the table. aged citizens to volunteer, serve, and ment intended to be proposed by him to the SA 4651. Mr. NELSON, of Florida sub- address the unmet needs of our Nation. bill H.R. 2881, to amend title 49, United mitted an amendment intended to be pro- About 542,000 people have become States Code, to authorize appropriations for posed by him to the bill H.R. 2881, supra; AmeriCorps members and have pledged the Federal Aviation Administration for fis- which was ordered to lie on the table. cal years 2008 through 2011, to improve avia- SA 4652. Mr. NELSON, of Florida sub- ‘‘to get things done for America.’’ tion safety and capacity, to provide stable mitted an amendment intended to be pro- These citizens have provided more than funding for the national aviation system, posed by him to the bill H.R. 2881, supra; 705,000,000 hours of service, hard work, and for other purposes; which was ordered to which was ordered to lie on the table. and dedication to improve our commu- lie on the table. SA 4653. Ms. CANTWELL (for Mr. REID) nities. In addition, since its inception, SA 4636. Mr. REID proposed an amendment proposed an amendment to the resolution S. more than $5 billion of AmeriCorps to the bill H.R. 2881, supra. Res. 494, expressing the sense of the Senate funds have been invested back into our SA 4637. Mr. REID proposed an amendment on the need for Iraq’s neighbors and other communities and have helped leverage to amendment SA 4636 proposed by Mr. REID international partners to fulfill their pledges to the bill H.R. 2881, supra. to provide reconstruction assistance to Iraq. hundreds of millions of dollars of addi- SA 4638. Ms. CANTWELL submitted an f tional funds and in-kind donations amendment intended to be proposed by her from external sources. to the bill H.R. 2881, supra; which was or- TEXT OF AMENDMENTS Last year, 75,000 AmeriCorps mem- dered to lie on the table. SA 4635. Mr. KYL submitted an bers were able to give back to this Na- SA 4639. Mr. LAUTENBERG submitted an amendment intended to be proposed by tion, and those members recruited amendment intended to be proposed to him to the bill H.R. 2881, to amend title more than 1,700,000 community volun- amendment SA 4627 proposed by Mr. ROCKE- 49, United States Code, to authorize ap- teers to join them in their mission. FELLER to the bill H.R. 2881, supra; which propriations for the Federal Aviation Their volunteers served in over 4,000 was ordered to lie on the table. SA 4640. Mr. LAUTENBERG submitted an Administration for fiscal years 2008 nonprofit organizations, schools, and amendment intended to be proposed by him through 2011, to improve aviation safe- faith-based and community organiza- to the bill H.R. 2881, supra; which was or- ty and capacity, to provide stable fund- tions across the country. dered to lie on the table. ing for the national aviation system, In return for service, AmeriCorps SA 4641. Mr. BINGAMAN (for himself, Ms. and for other purposes; which was or- members have earned more than $1.4 SNOWE, Mr. BAUCUS, Mr. COCHRAN, Mr. billion to go toward furthering their CARDIN, Mr. CASEY, Mrs. CLINTON, Ms. COL- dered to lie on the table; as follows: education, and after completing their LINS, Mr. CONRAD, Mr. ENZI, Mr. HAGEL, Mr. On page 131, between lines 12 and 13, insert service, many alumni remain engaged HARKIN, Mr. LEAHY, Mr. LEVIN, Mr. NELSON, the following: in their communities as volunteers, of Nebraska, Mr. SALAZAR, Mr. SCHUMER, Ms. SEC. 520. STUDY OF EFFECT OF PROPOSED STABENOW, Mr. WICKER, Mr. JOHNSON, Mr. STRUCTURES NEAR AIRPORTS ON teachers, and nonprofit professionals. SPECTER, and Mr. BROWNBACK) submitted an ONE ENGINE INOPERATIVE PROCE- In my home State of Connecticut, amendment intended to be proposed by him DURES. since AmeriCorps was created, more to the bill H.R. 2881, supra; which was or- (a) IN GENERAL.—The Administrator of the than 7,000 AmeriCorps members have dered to lie on the table. Federal Aviation Administration shall con- served about 9.5 million hours and SA 4642. Mr. ROCKEFELLER proposed an duct a study on the effect of buildings and earned over $20 million toward their amendment to amendment SA 4637 proposed other structures that are proposed to be education. From my own experience as by Mr. REID to the amendment SA 4636 pro- built near airports on emergency procedures relating to aircraft that have one engine in- a Peace Corps member, I know it takes posed by Mr. REID to the bill H.R. 2881, supra. SA 4643. Mrs. FEINSTEIN submitted an operative to determine if such buildings and a tremendous amount of perseverance, amendment intended to be proposed by her structures are likely to— commitment, and passion to serve, but to the bill H.R. 2881, supra; which was or- (1) obstruct the flight of aircraft operating I also know the emotional reward dered to lie on the table. under one engine inoperative procedures; or achieved in dedicating your time to SA 4644. Mr. VOINOVICH submitted an (2) result in delays in the movement of pas- help others. Emerson wrote, ‘‘It is one amendment intended to be proposed by him sengers through airports. of the most beautiful compensations of to the bill H.R. 2881, supra; which was or- (b) REPORT.— life that no man can sincerely try to dered to lie on the table. (1) IN GENERAL.—If the Administrator de- termines that buildings and other structures help another without helping himself.’’ SA 4645. Mr. ENSIGN submitted an amend- ment intended to be proposed by him to the proposed to be built near airports are likely It is my hope that all Americans take bill H.R. 2881, supra; which was ordered to lie to cause an obstruction described in sub- the opportunity to develop a deeper on the table. section (a)(1) or result in delays described in sense of community, a renewed sense of SA 4646. Mr. BROWNBACK submitted an subsection (a)(2), the Administrator shall, national purpose, and a shared experi- amendment intended to be proposed by him not later than 180 days after the date of the ence of sacrifice to serve our country. to the bill H.R. 2881, supra; which was or- enactment of this Act, submit to Congress a During this ‘‘AmeriCorps Week,’’ we dered to lie on the table. report on the results of the study required must take the time to recognize, sa- SA 4647. Mr. BROWNBACK submitted an under subsection (a). amendment intended to be proposed to (2) CONTENTS.—The report submitted under lute, and thank those Americans who paragraph (1) shall include— have answered the call to serve by join- amendment SA 4590 submitted by Mrs. MCCASKILL (for herself, Mr. SPECTER, Mr. (A) an assessment of the extent of any ob- ing AmeriCorps; we must acknowledge OBAMA, and Mrs. CLINTON) and intended to be structions described in subsection (a)(1) and the tremendous accomplishments and proposed to the bill H.R. 2881, supra; which any delays described in subsection (a)(2); important contributions of the was ordered to lie on the table. (B) recommendations for addressing such AmeriCorps members, alumni, and SA 4648. Mr. VITTER (for himself, Mr. obstructions and delays; and community partners; and, we must CRAIG, Mr. SPECTER, Mr. THUNE, and Mr. (C) recommendations regarding whether raise awareness about the importance INHOFE) submitted an amendment intended the obstacle evaluation process for proposed to be proposed by him to the bill H.R. 2881, development near airports should be revised of national and community service. to take into account the effect of develop- Our collective imaginations, ideas, en- supra; which was ordered to lie on the table. SA 4649. Mr. SCHUMER (for himself, Mrs. ment on emergency procedures relating to ergy, and resolve are needed to solve CLINTON, Mr. LAUTENBERG, Mr. MENENDEZ, aircraft that have one engine inoperative. our Nation’s problems and rekindle our Mrs. MURRAY, Ms. CANTWELL, Ms. STABENOW, American community. I encourage citi- and Mr. SMITH) submitted an amendment in- SA 4636. Mr. REID proposed an zens of all ages to consider serving in tended to be proposed to amendment SA 4582 amendment to the bill H.R. 2881, to

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Mr. LAUTENBERG sub- (b) APPLICABILITY .—Title 49, United States poses; as follows: mitted an amendment intended to be Code, shall be applied as if section 41747 of The provision of this act shall become ef- proposed by him to the bill H.R. 2881, such title had not been enacted. fective 2 days after enactment. to amend title 49, United States Code, (c) CLERICAL AMENDMENT.—The chapter to authorize appropriations for the analysis for chapter 417 of title 49, United SA 4637. Mr. REID proposed an Federal Aviation Administration for States Code, is amended by striking the item amendment to amendment SA 4636 pro- fiscal years 2008 through 2011, to im- relating to section 41747. posed by Mr. REID to the bill H.R. 2881, prove aviation safety and capacity, to Mr. ROCKEFELLER pro- to amend title 49, United States Code, SA 4642. provide stable funding for the national posed an amendment to amendment SA to authorize appropriations for the aviation system, and for other pur- 4637 proposed by Mr. REID to the Federal Aviation Administration for poses; which was ordered to lie on the amendment SA 4636 proposed by Mr. fiscal years 2008 through 2011, to im- table; as follows: REID to the bill H.R. 2881, to amend prove aviation safety and capacity, to At the appropriate place, insert the fol- title 49, United States Code, to author- provide stable funding for the national lowing: ize appropriations for the Federal Avia- aviation system, and for other pur- SEC. lll. STUDY BY ADMINISTRATOR OF AVIA- tion Administration for fiscal years poses; as follows: TION SECTOR GREENHOUSE GAS 2008 through 2011, to improve aviation In the amendment, strike ‘‘2’’ and insert EMISSIONS. (a) IN GENERAL.—The Administrator of the ‘‘1’’. safety and capacity, to provide stable Environmental Protection Agency shall funding for the national aviation sys- SA 4638. Ms. CANTWELL submitted enter into an agreement with the National tem, and for other purposes; as follows: Academy of Sciences under which the Acad- an amendment intended to be proposed In the amendment, strike ‘‘1’’ and insert emy shall conduct a study on greenhouse gas ‘‘3.’’ by her to the bill H.R. 2881, to amend emissions associated with the aviation in- title 49, United States Code, to author- dustry, including— Mrs. FEINSTEIN submitted ize appropriations for the Federal Avia- (1) a determination of appropriate data SA 4643. tion Administration for fiscal years necessary to make determinations of emis- an amendment intended to be proposed 2008 through 2011, to improve aviation sion inventories, considering fuel use, air- by her to the bill H.R. 2881, to amend safety and capacity, to provide stable port operations, ground equipment, and all title 49, United States Code, to author- funding for the national aviation sys- other sources of emissions in the aviation in- ize appropriations for the Federal Avia- dustry; tion Administration for fiscal years tem, and for other purposes; which was (2) an estimate of projected industry emis- ordered to lie on the table; as follows: 2008 through 2011, to improve aviation sions for the following 5-year, 20-year, and safety and capacity, to provide stable Beginning on page 68, strike line 23 and all 50-year periods; funding for the national aviation sys- that follows through page 69, line 2, and in- (3) based on existing literature, research sert the following: and surveys to determine the existing best tem, and for other purposes; which was ‘‘(5)(A) There is established the position of practices for emission reduction in the avia- ordered to lie on the table; as follows: Senior Vice President for the Next Genera- tion sector; At the appropriate place, insert the fol- tion Air Transportation System in the Air (4) recommendations on areas of focus for lowing: Traffic Organization of the Federal Aviation additional research for technologies and op- SEC. ll. PROHIBITIONS AGAINST VOICE COM- Administration, who shall be appointed by erations with the highest potential to reduce MUNICATIONS USING MOBILE COM- the Administrator of the Federal Aviation emissions; and MUNICATIONS DEVICES ON SCHED- Administration and report to the Chief Oper- (5) recommendations of actions that the ULED FLIGHTS. ating Officer of the Federal Aviation Admin- Federal Government could take to encourage (a) IN GENERAL.—Subchapter I of chapter istration. or require additional emissions reductions. 417, as amended by section 714 of this Act, is ‘‘(B) The Senior Vice President for the (b) CONSULTATION.—In developing the pa- further amended by adding at the end the Next Generation Air Transportation System rameters of the study under this section, the following: shall— Administrator shall conduct the study under ‘‘§ 41725. Prohibitions against voice commu- ‘‘(i) be the head of the Office; and this section in consultation with— nications using mobile communications de- ‘‘(ii) be a voting member of the Federal (1) the Secretary of Transportation, acting vices on scheduled flights Aviation Administration’s Joint Resources through the Administrator of the Federal ‘‘(a) INTERSTATE AND INTRASTATE AIR Council and the Air Traffic Organization’s Aviation Administration; and TRANSPORTATION.— Executive Council.’’; (2) other appropriate Federal agencies and ‘‘(1) IN GENERAL.—Except as provided in departments. Mr. LAUTENBERG sub- paragraph (2), an individual may not engage SA 4639. in voice communications using a mobile mitted an amendment intended to be SA 4641. Mr. BINGAMAN (for him- communications device in an aircraft during proposed to amendment SA 4627 pro- self, Ms. SNOWE, Mr. BAUCUS, Mr. COCH- a flight in scheduled passenger interstate air posed by Mr. ROCKEFELLER to the bill RAN, Mr. CARDIN, Mr. CASEY, Mrs. CLIN- transportation or scheduled passenger intra- H.R. 2881, to amend title 49, United TON, Ms. COLLINS, Mr. CONRAD, Mr. state air transportation. States Code, to authorize appropria- ENZI, Mr. HAGEL, Mr. HARKIN, Mr. ‘‘(2) FLIGHT CREW AND FLIGHT ATTEND- tions for the Federal Aviation Admin- LEAHY, Mr. LEVIN, Mr. NELSON of Ne- ANTS.—The prohibition described in para- istration for fiscal years 2008 through braska, Mr. SALAZAR, Mr. SCHUMER, graph (1) shall not apply to a member of the flight crew or flight attendants on an air- 2011, to improve aviation safety and ca- Ms. STABENOW, Mr. WICKER, Mr. JOHN- craft. SON PECTER ROWNBACK pacity, to provide stable funding for , Mr. S , and Mr. B ) ‘‘(b) FOREIGN AIR TRANSPORTATION.— the national aviation system, and for submitted an amendment intended to ‘‘(1) IN GENERAL.—Except as provided in other purposes; which was ordered to be proposed by him to the bill H.R. paragraph (2), the Secretary of Transpor- lie on the table; as follows: 2881, to amend title 49, United States tation shall require all air carriers and for- On page 32, line 22, strike ‘‘and’’. Code, to authorize appropriations for eign air carriers to adopt the prohibition de- On page 32, line 25, strike the period and the Federal Aviation Administration scribed in subsection (a) with respect to the insert ‘‘; and’’. for fiscal years 2008 through 2011, to operation of an aircraft in scheduled pas- On page 32, after line 25, insert the fol- improve aviation safety and capacity, senger foreign air transportation. lowing: ‘‘(2) ALTERNATE PROHIBITION.—If a foreign (4) by adding at the end thereof the fol- to provide stable funding for the na- government objects to the application of lowing: tional aviation system, and for other paragraph (1) on the basis that such para- ‘‘(3) A contract involving labor for car- purposes; which was ordered to lie on graph provides for an extraterritorial appli- rying out an airport development project the table; as follows: cation of the laws of the United States, the

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Secretary shall waive the application of (A) 90 percent of the purchase price for the (3) PERIOD OF APPOINTMENT; VACANCIES.— paragraph (1) to a foreign air carrier licensed Lost Nation Airport; and Members shall be appointed for the life of by that foreign government at such time as (B) $1,220,000. the Commission. Any vacancy in the Com- an alternative prohibition on voice commu- (3) APPROVAL.—The Secretary may not mission shall not affect its powers, but shall nications using a mobile communications de- award a grant under this subsection unless be filled in the same manner as the original vice during flight is negotiated by the Sec- the Secretary receives written assurances re- appointment. retary with such foreign government quired under section 47107 of title 49, United (4) CHAIRMAN.—The President shall des- through bilateral negotiations. States Code, with respect to such grant and ignate 1 member of the Commission to serve ‘‘(c) DEFINITIONS.—In this section: the Lost Nation Airport. as the Chairman of the Commission. ‘‘(1) FLIGHT.—The term ‘flight’ means the (c) TREATMENT OF SALE PROCEEDS.—To the (5) MEETINGS.—The Commission shall meet period beginning when an aircraft takes off extent necessary to allow the City of at the call of the Chairman. A majority of and ending when an aircraft lands. Willoughby to use the proceeds from the sale the members shall constitute a quorum, but ‘‘(2) VOICE COMMUNICATIONS USING A MOBILE approved under subsection (a) for any pur- fewer members may hold hearings. COMMUNICATIONS DEVICE.—The term ‘voice pose authorized by the City of Willoughby, communications using a mobile communica- the Secretary may waive— (c) DUTIES.— tions device’— (1) the provisions of sections 47107 and 47133 (1) IN GENERAL.—The Commission shall— ‘‘(A) includes voice communications of title 49, United States Code; (A) study the issues associated with the fu- using— (2) any obligations to which the City of ture of the Industry in the global economy, ‘‘(i) a commercial mobile radio service or Willoughby is subject as a result of a grant particularly with respect to the Industry’s other wireless communications device; received from the Federal Aviation Adminis- international competitiveness; and ‘‘(ii) a broadband wireless device or other tration; and (B) assess the future importance of the In- wireless device that transmits data packets (3) any regulation or policy of the Federal dustry for the economic growth and export using the Internet Protocol or comparable Aviation Administration. potential of the United States. technical standard; or (2) TOPICS OF STUDY.—In order to fulfill its ‘‘(iii) a device having voice override capa- SA 4645. Mr. ENSIGN submitted an responsibilities, the Commission shall bility; and amendment intended to be proposed by study— ‘‘(B) does not include voice communica- him to the bill H.R. 2881, to amend title (A) current-, short-, and long-term trends tions using a phone installed on an aircraft. 49, United States Code, to authorize ap- in the global commercial aviation industry, ‘‘(d) SAFETY REGULATIONS.—This section propriations for the Federal Aviation including an assessment of— may not be construed to affect the authority Administration for fiscal years 2008 (i) the effect of existing and recent foreign- of the Secretary to impose limitations on based entrants into the commercial aviation voice communications using a mobile com- through 2011, to improve aviation safe- market on the Industry; and munications device for safety reasons. ty and capacity, to provide stable fund- (ii) ways in which foreign governments ‘‘(e) REGULATIONS.—The Secretary shall ing for the national aviation system, provide incentives or engage in unfair trade prescribe such regulations as are necessary and for other purposes; which was or- practices to the detriment of the Industry; to carry out this section.’’. dered to lie on the table; as follows: (B) current-, short-, and long-term trends (b) CLERICAL AMENDMENT.—The analysis On page 99, line 12 strike everything after in the general aviation industry, including for subchapter I of chapter 417, as amended ‘‘5 operations.’’ through line 19. an assessment of— by section 714, is further amended by adding (i) the effect on the Industry of existing at the end the following: SA 4646. Mr. BROWNBACK submitted and recent foreign-based entrants into the ‘‘Sec. 41725. Prohibitions against voice com- an amendment intended to be proposed general aviation market; munications using mobile com- by him to the bill H.R. 2881, to amend (ii) the effect of general aviation on the munications devices on sched- title 49, United States Code, to author- economy of the United States; uled flights.’’. ize appropriations for the Federal Avia- (iii) the effect of general aviation on do- mestic job creation; and SA 4644. Mr. VOINOVICH submitted tion Administration for fiscal years (iv) ways in which general aviation con- an amendment intended to be proposed 2008 through 2011, to improve aviation tributes to the global economic competitive- by him to the bill H.R. 2881, to amend safety and capacity, to provide stable ness and balance of trade of the United title 49, United States Code, to author- funding for the national aviation sys- States; ize appropriations for the Federal Avia- tem, and for other purposes; which was (C) the effect on the Industry of increasing tion Administration for fiscal years ordered to lie on the table; as follows: costs for fossil fuel resources and the appli- 2008 through 2011, to improve aviation At the appropriate place, insert the fol- cability of alternative fuels to replace fossil safety and capacity, to provide stable lowing: fuels; (D) the Federal budget process, including funding for the national aviation sys- SEC. ll. COMMISSION ON THE FUTURE OF THE UNITED STATES COMMERCIAL AND an assessment of— tem, and for other purposes; which was GENERAL AVIATION INDUSTRY. (i) the adequacy of projected budgets of ordered to lie on the table; as follows: (a) ESTABLISHMENT.—There is established a Federal departments and agencies for aero- At the appropriate place, insert the fol- commission to be known as the ‘‘Commission space research and development; lowing: on the Future of the United States Commer- (ii) the adequacy of the level of commu- SEC. ll. LOST NATION AIRPORT, OHIO. cial and General Aviation Industry’’. nication and coordination between Federal (a) APPROVAL OF SALE.—The Secretary of (b) MEMBERSHIP.— departments and agencies as regards aero- Transportation may approve the sale of Lost (1) APPOINTMENT.—The Commission shall space research and development; and Nation Airport from the City of Willoughby, be comprised of 12 members, appointed not (iii) the adequacy of current levels of com- Ohio to Lake County, Ohio, if Lake County— later than October 1, 2008, of whom— munication and consultation between Fed- (1) meets all applicable requirements for (A) up to 6 shall be appointed by the Presi- eral departments and agencies and industry sponsorship of the airport; dent; stakeholders when developing aviation budg- (2) agrees to assume the obligations and as- (B) 2 shall be appointed by the Speaker of ets and industry analysis; surances of the grant agreements relating to the House of Representatives; (E) the tax laws, regulatory policies, and the airport executed by the City of (C) 2 shall be appointed by the majority acquisition process of the Federal Govern- Willoughby under chapter 471 of title 49, leader of the Senate; ment, including an assessment of their effect United States Code; and (D) 1 shall be appointed by the minority on maintaining a growing manufacturing (3) agrees to operate and maintain the air- leader of the Senate; and base for all sectors of the Industry; port in accordance with such obligations and (E) 1 shall be appointed by the minority (F) laws governing international trade and assurances. leader of the House of Representatives. exports, including an assessment of the ade- (b) GRANTS.— (2) QUALIFICATIONS.—The members of the quacy of United States and multilateral (1) IN GENERAL.—The Secretary may use Commission shall be appointed primarily trade laws and policies for maintaining the funds made available under section 48103 of from among persons with extensive private international competitiveness of the Indus- title 49, United States Code, to award a grant sector experience in commercial aviation try; to Lake County, Ohio to assist in the pur- manufacturing and persons with extensive (G) laws governing the immigration of chase of the Lost Nation Airport under sub- private sector experience in general aviation skilled aerospace workers, including an as- section (a). manufacturing, and from among persons sessment of the impact of current immigra- (2) FEDERAL SHARE.—The Federal share of with extensive experience in economics, tion laws on the short-term viability of the the grant under this subsection shall be international trade, immigration policy, or aerospace technology workforce; and equal to the lesser of— labor policy as it relates to the Industry. (H) the adequacy of—

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00078 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.002 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 7641 (i) Federal, State, and local programs for United States Commercial and General Avia- part 145 of title 14, Code of Federal Regula- the support of science and engineering edu- tion Industry. tions, to require alcohol and controlled sub- cation, including current programs for sup- (B) INDUSTRY.—The term ‘‘Industry’’ stance testing in accordance with section porting aerospace science and engineering ef- means the commercial and general aviation 45102 of this title for any individual em- forts at institutions of higher learning; and industry in the United States. ployed by a foreign repair station who per- (ii) programs for the support of workforce forms a safety-sensitive function on a United development at institutions of higher learn- SA 4647. Mr. BROWNBACK submitted States commercial aircraft of a part 121 air ing or State and local centers for technical an amendment intended to be proposed carrier.’’. training. to amendment SA 4590 submitted by (2) TEMPORARY PROGRAM OF IDENTIFICATION (d) REPORT.— AND OVERSIGHT OF NONCERTIFIED REPAIR FA- C ASKILL PEC (1) SUBMISSION.—Not later than September Mrs. M C (for herself, Mr. S - CILITIES.— 30, 2009, the Commission shall submit a re- TER, Mr. OBAMA, and Mrs. CLINTON) and (A) DEVELOP PLAN.—Not later than 180 days port describing its activities to the President intended to be proposed to the bill H.R. after the date of the enactment of this Act, and Congress. 2881, to amend title 49, United States the Administrator shall develop a plan— (2) CONTENTS.—The report submitted under Code, to authorize appropriations for (i) to require each part 121 air carrier to paragraph (1) shall include— the Federal Aviation Administration identify and submit to the Administrator a (A) the Commission’s findings and conclu- for fiscal years 2008 through 2011, to complete list of all noncertified maintenance sions; providers that perform covered maintenance (B) the Commission’s recommendations for improve aviation safety and capacity, work on United States commercial aircraft actions by Federal departments and agencies to provide stable funding for the na- operated by such part 121 air carriers to pro- and State and local governments to support tional aviation system, and for other vide air transportation; the maintenance of a robust commercial and purposes; which was ordered to lie on (ii) to validate lists described in clause (i) general aviation industry in the United the table; as follows: that are submitted by a part 121 air carrier States, including any recommendations for Beginning on page 4 of the matter proposed to the Administrator by sampling the legislative or regulatory changes to support to be inserted, strike line 1 and all that fol- records of part 121 air carriers, such as main- the implementation of the Commission’s lows through page 9, line 2, and insert the tenance activity reports and general vendor findings; and following: listings; and (C) a discussion of the appropriate means (iii) to carry out surveillance and oversight ‘‘(b) REQUIREMENTS FOR MAINTENANCE PER- for implementing the Commission’s rec- by field inspectors of the Federal Aviation SONNEL PROVIDING COVERED MAINTENANCE ommendations. Administration of all noncertificated main- WORK.—Not later than 3 years after the date (e) POWERS OF THE COMMISSION.— tenance providers that perform covered of the enactment of this section, the Admin- (1) ADMINISTRATIVE REQUIREMENTS.—The maintenance work on United States com- istrator shall prescribe regulations requiring Director of the Office of Management and mercial aircraft for part 121 air carriers. all covered maintenance work on United Budget shall provide the Commission with (B) REPORT ON PLAN FOR PROGRAM.—Not States commercial aircraft of a part 121 air sufficient funding to procure such adminis- later than 180 days after the date of the en- carrier to be performed by maintenance per- trative services, facilities, staff, and other actment of this Act, the Administrator shall sonnel employed by— support services as may be necessary to submit to Congress a report that contains ‘‘(1) a part 145 repair station; carry out the purposes of this section. the plan required by subparagraph (A). ‘‘(2) a part 121 air carrier; (2) HEARINGS.—The Commission may hold (C) IMPLEMENTATION OF PLANNED PRO- ‘‘(3) a person that provides contract main- such hearings, sit and act at such times and GRAM.—Not later than 1 year after the date places, take such testimony, and receive tenance personnel to a part 145 repair station of the enactment of this Act and until regu- such evidence as the Commission considers or a part 121 air carrier, if such personnel— lations are prescribed under section 44730(b) advisable to carry out the purposes of this ‘‘(A) meet the requirements of such repair of title 49, United States Code, as added by section. station or air carrier, as the case may be; paragraph (1), the Administrator shall carry (3) INFORMATION FROM FEDERAL AGENCIES.— ‘‘(B) work under the direct supervision and out the plan required by subparagraph (A). The Commission may request directly from control of such repair station or air carrier, (D) ANNUAL REPORT ON IMPLEMENTATION.— any Federal department or agency any infor- as the case may be; and Not later than 180 days after the commence- mation that the Commission considers nec- ‘‘(C) carry out their work in accordance ment of the plan under subparagraph (C) and essary to carry out the provisions of this sec- with the quality control manuals of such re- each year thereafter until the regulations tion. The head of a department or agency re- pair station or the maintenance manual of described in such subparagraph are pre- ceiving a request for information under this such air carrier, as the case may be; or scribed, the Administrator shall submit to paragraph shall furnish such information to ‘‘(4) a holder of a production certificate Congress a report on the implementation of the Commission in accordance with applica- under part 21 of title 14, Code of Federal Reg- the plan carried out under such subpara- ble law. ulations, if such personnel are subcontracted graph. (4) POSTAL SERVICES.—The Commission by a part 145 repair station. (3) CLERICAL AMENDMENT.—The analysis for may use the United States mails in the same ‘‘(c) CERTIFICATION OF INSPECTION OF FOR- chapter 447 of title 49, United States Code, is manner and under the same conditions as EIGN REPAIR STATIONS.— amended by adding at the end the following: other Federal departments and agencies. ‘‘(1) IN GENERAL.—Not later than 2 years ‘‘44730. Repairs stations.’’. after the date of the enactment of this sec- (f) COMMISSION PERSONNEL MATTERS.— (c) REPAIR STATION SECURITY REQUIRE- tion, annually thereafter, and except as pro- (1) COMPENSATION OF MEMBERS.—Members MENTS.—Section 44924 is amended by striking vided in paragraph (2), the Administrator of the Commission shall serve without addi- subsections (a) through (g) and inserting the tional compensation for their service on the shall certify to Congress that— following: Commission, except that each member who ‘‘(A) each foreign repair station certified ‘‘(a) IN GENERAL.—Not later than 180 days is not an officer or employee of the Federal by the Administrator that performs mainte- after the date of the enactment of this sec- Government may be allowed travel expenses, nance work on an aircraft or a component of tion, the Administrator shall require each including per diem in lieu of subsistence, as an aircraft for a part 121 air carrier has been part 145 repair station, as a condition of cer- authorized by law for persons serving inter- inspected not fewer than 2 times in the pre- tification or recertification under part 145 of mittently in Government service under sub- ceding calendar year by an aviation safety title 14, Code of Federal Regulations, to im- chapter I of chapter 57 of title 5, United inspector of the Federal Aviation Adminis- plement security requirements— States Code, while away from their homes tration; and ‘‘(1) to ensure that the facilities of such re- and places of business in the performance of ‘‘(B) not fewer than 1 of the inspections re- pair station are safe and secure; and services for the Commission. quired by paragraph (1) for each certified for- ‘‘(2) that include the requirements de- (2) STAFF.—The chairman of the Commis- eign repair station was carried out at such scribed in subsection (b). sion may appoint staff of the Commission, repair station without any advance notice to ‘‘(b) SECURITY REQUIREMENTS.—The secu- request the detail of Federal employees, and such foreign repair station. rity requirements described in this sub- accept temporary and intermittent services ‘‘(2) EXCEPTION.—The requirements of para- section are requirements of a part 145 repair in accordance with section 3161 of title 5, graph (1) shall not apply with respect to for- station to implement the following: United States Code. eign repair stations located in countries with ‘‘(1) Methods for controlling access to se- (g) TERMINATION.—The Commission shall which the United States has entered into a cure areas. terminate 30 days after the date of the sub- bi-lateral maintenance agreement. ‘‘(2) Methods to insure that an individual is mission of its report under subsection (d). ‘‘(d) DRUG AND ALCOHOL TESTING OF FOR- immediately denied entry to secured areas (h) DEFINITIONS.— EIGN REPAIR STATION PERSONNEL.—Not later when that person’s access authority for that (1) In this section: than 1 year after the date of the enactment area is withdrawn. (A) COMMISSION.—The term ‘‘Commission’’ of this section, the Administrator shall ‘‘(3) Methods to ensure that visitors are es- means the Commission on the Future of the amend the certification requirements under corted while on facility premises.

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(4) QUALIFIED REVENUES.—The term ‘‘quali- MENENDEZ, Mrs. MURRAY, Ms. CANT- ‘‘(5) A program to ensure the security of fied revenues’’ means all rentals, royalties, WELL, Ms. STABENOW, and Mr. SMITH) protected materials. bonus bids, and other sums due and payable submitted an amendment intended to ‘‘(c) COMPLIANCE OF REPAIR STATIONS WITH to the United States from leases entered into SECURITY REQUIREMENTS.— on or after the date of enactment of this Act be proposed to amendment SA 4582 sub- ‘‘(1) PROHIBITION ON CERTIFICATION OF RE- for new producing areas. mitted by Mr. SCHUMER (for himself, PAIR STATIONS THAT DO NOT COMPLY WITH SE- (5) SECRETARY.—The term ‘‘Secretary’’ Mrs. CLINTON, Mr. LAUTENBERG, Mr. CURITY REQUIREMENTS.—The Administrator means the Secretary of the Interior. MENENDEZ, Mrs. MURRAY, and Ms. may not certify or recertify a repair station (b) PETITION FOR LEASING NEW PRODUCING CANTWELL) and intended to be proposed under part 145 of title 14, Code of Federal AREAS.— to the bill H.R. 2881, to amend title 49, Regulations (or any successor regulation), (1) IN GENERAL.—Notwithstanding any other provision of law, during any period in United States Code, to authorize appro- unless— priations for the Federal Aviation Ad- ‘‘(A) such repair station is in compliance which the West Texas Intermediate daily with the security requirements required by price of crude oil (in dollars per barrel) ex- ministration for fiscal years 2008 subsection (a); and ceeds 190 percent of the annual price of crude through 2011, to improve aviation safe- ‘‘(B) such repair station certifies to the oil (in dollars per barrel) for calendar year ty and capacity, to provide stable fund- Under Secretary for Border and Transpor- 2006, the Governor of a State, with the con- ing for the national aviation system, tation Security annually that such repair currence of the State legislature, may sub- and for other purposes; which was or- station is in compliance with such security mit to the Secretary a petition requesting dered to lie on the table; as follows: requirements. that the Secretary make a new producing area of the State eligible for oil leasing, gas On page 2, strike lines 5 through 7, and in- ‘‘(2) NOTIFICATION TO AIR CARRIERS OF NON- leasing, or both, as determined by the State, sert the following: ‘‘cargo (other than bulk COMPLIANCE BY REPAIR STATIONS.—If the cargo)—’’. Under Secretary for Border and Transpor- in accordance with the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) and On page 3, line 3, strike the end quotation tation Security of the Department of Home- marks and second period and insert the fol- land Security is aware that a part 145 repair the Mineral Leasing Act (30 U.S.C. 181 et seq.). lowing: station is not in compliance with a security ‘‘(4) BULK CARGO.—For purposes of this sub- (2) NATURAL GAS LEASING ONLY.—The Gov- requirement required by subsection (a) or ernor of a State, with the concurrence of the section, the term ‘bulk cargo’ shall have the that a security issue or vulnerability has State legislature, may, in a petition sub- meaning given such term by section 53101(1) been identified with respect to such repair mitted under paragraph (1), make a request of title 46, United States Code (as in effect on station, the Under Secretary shall provide to allow natural gas leasing only. the date of the enactment of this sub- notice to each part 121 air carrier of such (3) ACTION BY SECRETARY.—As soon as prac- section).’’. noncompliance or security issue or vulner- ticable after the date on which the Secretary ability. Mr. COBURN submitted an receives a petition under paragraph (1), the SA 4650. ‘‘(d) DEFINITIONS.—In this section: Secretary shall approve or disapprove the pe- amendment intended to be proposed by ‘‘(1) PART 121 AIR CARRIER.—The term ‘part tition. him to the bill H.R. 2881, to amend title 121 air carrier’ means an air carrier that (c) DISPOSITION OF QUALIFIED OUTER CONTI- 49, United States Code, to authorize ap- holds a certificate under part 121 of title 14, NENTAL SHELF REVENUES FROM ELIGIBLE propriations for the Federal Aviation Code of Federal Regulations (or any suc- PRODUCING STATES.—Notwithstanding sec- Administration for fiscal years 2008 cessor regulation). tion 9 of the Outer Continental Shelf Lands ‘‘(2) PART 145 REPAIR STATION.—The term through 2011, to improve aviation safe- Act (43 U.S.C. 1338), for each applicable fiscal ty and capacity, to provide stable fund- ‘part 145 repair station’ means a foreign or year, the Secretary of the Treasury shall de- domestic repair station that holds a certifi- posit— ing for the national aviation system, cate under part 145 of title 14, Code of Fed- (1) 50 percent of qualified revenues in the and for other purposes; which was or- eral Regulations (or any successor regula- general fund of the Treasury; and dered to lie on the table; as follows: tion).’’. (2) 50 percent of qualified revenues in a spe- At the appropriate place, insert the fol- cial account in the Treasury, from which the lowing: SA 4648. Mr. VITTER (for himself, Secretary shall disburse— SEC. ll. SAFE AND ON TIME AIR TRAVEL. Mr. CRAIG, Mr. SPECTER, Mr. THUNE, (A) 37.5 percent to eligible producing (a) SHORT TITLE.—This section may be and Mr. INHOFE) submitted an amend- States for new producing areas, to be allo- cited as the ‘‘Safe and On Time Travel Act.’’ ment intended to be proposed by him cated in accordance with subsection (d)(1); (b) PRIORITIZING AVIATION PROJECTS.—Any to the bill H.R. 2881, to amend title 49, and congressionally directed spending item (as that term is defined in rule XLIV of the United States Code, to authorize appro- (B) 12.5 percent to provide financial assist- ance to States in accordance with section 6 Standing Rules of the Senate, as added by priations for the Federal Aviation Ad- of the Land and Water Conservation Fund section 521 of the House Leadership in Gov- ministration for fiscal years 2008 Act of 1965 (16 U.S.C. 460l–8). ernment Act of 2007 (Public Law 110–81)), des- through 2011, to improve aviation safe- (d) ALLOCATION TO ELIGIBLE PRODUCING ignated for administration by the Federal ty and capacity, to provide stable fund- STATES.— Aviation Administration shall be subject to ing for the national aviation system, (1) IN GENERAL.—The amount made avail- the Administration’s review and selection and for other purposes; which was or- able under subsection (c)(2)(A) shall be allo- process. After the Administration completes dered to lie on the table; as follows: cated to eligible producing States in its review, the Secretary of the Department amounts (based on a formula established by of Transportation shall determine if the mer- At the end of title VII, add the following: the Secretary by regulation) that are in- its of each such congressionally directed SEC. 7lll. OIL AND NATURAL GAS LEASING IN versely proportional to the respective dis- spending item outweighs the merits of any NEW PRODUCING AREAS. tances between the point on the coastline of backlogged projects and has resulted in (a) DEFINITIONS.—In this section: each eligible producing State that is closest flight delays or poses a risk to airline safety. (1) ELIGIBLE PRODUCING STATE.—The term to the geographic center of the applicable If the Secretary determines that the con- ‘‘eligible producing State’’ means— leased tract and the geographic center of the gressionally directed spending item does not (A) a new producing State; and leased tract, as determined by the Secretary. outweigh the backlogged project, the Sec- (B) any other producing State that has, (2) USE.—Amounts allocated to an eligible retary shall have the authority to reprogram within the offshore administrative bound- producing State under subparagraph (A) funding provided for any such congression- aries beyond the submerged land of a State, shall be used to address the impacts of any ally directed spending item for an identified areas available for oil leasing, natural gas oil and natural gas exploration and produc- backlogged project. leasing, or both. tion activities under this section. (c) REPORT.—The Secretary shall submit a (2) NEW PRODUCING AREA.—The term ‘‘new (e) EFFECT.—Nothing in this section af- report to Congress and make available annu- producing area’’ means an area that is— fects— ally on the Department’s website the find- (A) within the offshore administrative (1) the amount of funds otherwise dedi- ings of the Federal Aviation Administration boundaries beyond the submerged land of a cated to the land and water conservation reviews of congressionally directed spending State; and fund established under section 2 of the Land items. The report shall identify the fol- (B) not available for oil or natural gas leas- and Water Conservation Fund Act of 1965 (16 lowing: ing as of the date of enactment of this Act. U.S.C. 460l–5); or (1) A cost estimate and location of each (3) NEW PRODUCING STATE.—The term ‘‘new (2) any authority that permits energy pro- backlogged project that may be affecting producing State’’ means a State with respect duction under any other provision of law. flight delays or pose a risk to airline safety.

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(2) A cost estimate and location of each (iii) the Palm Beach International Airport COMMITTEE ON ENERGY AND NATURAL congressionally directed spending item des- TRACON and Tower. RESOURCES ignated for administration by the Federal Mr. ROCKEFELLER. Mr. President, I Aviation Administration. SA 4653. Ms. CANTWELL (for Mr. ask unanimous consent that the Com- (3) The result of each of the Administra- REID) proposed an amendment to the mittee on Energy and Natural Re- tion’s reviews and selection processes with resolution S. Res. 494, expressing the sources be authorized to meet during respect to the merits of each congressionally sense of the Senate on the need for directed spending item. the session of the Senate in order to Iraq’s neighbors and other inter- (4) A listing of any congressionally di- conduct a hearing on Thursday, May 1, national partners to fulfill their rected spending item with respect to which 2008, at 2:15 p.m., in room SD–366 of the pledges to provide reconstruction as- funding was reprogrammed to reduce flight Dirksen Senate Office Building. delays or improve airline safety. sistance to Iraq; as follows: (5) A detailed description of how the re- On page 3, beginning on line 9, strike ‘‘to The PRESIDING OFFICER. Without programming of funding for any congression- merge reconstruction assistance funds pro- objection, it is so ordered. ally directed spending item was spent to re- vided by the United States with funds’’ and COMMITTEE ON FOREIGN RELATIONS duce flight delays or improve airline safety. insert ‘‘to coordinate United States recon- struction assistance funds, in whatever form Mr. ROCKEFELLER. Mr. President, I SA 4651. Mr. NELSON of Florida sub- they are provided, with funds’’. ask unanimous consent that the Com- mitted an amendment intended to be mittee on Foreign Relations be author- f proposed by him to the bill H.R. 2881, ized to meet during the session of the to amend title 49, United States Code, NOTICE OF HEARING Senate on Thursday, May 1, 2008, at 2:30 to authorize appropriations for the COMMITTEE ON INDIAN AFFAIRS p.m. to hold a nomination hearing. Federal Aviation Administration for Mr. DORGAN. Mr. President, I would The PRESIDING OFFICER. Without fiscal years 2008 through 2011, to im- objection, it is so ordered. prove aviation safety and capacity, to like to announce that the Committee provide stable funding for the national on Indian Affairs will meet on Thurs- COMMITTEE ON HEALTH, EDUCATION, LABOR, aviation system, and for other pur- day, May 1, at 9:30 a.m. in room 562 of AND PENSIONS poses; which was ordered to lie on the the Dirksen Senate Office building to Mr. ROCKEFELLER. Mr. President, I table; as follows: conduct a hearing entitled ‘‘Indian En- ask unanimous consent that the Com- On page 66, between lines 2 and 3, insert ergy Development—Regaining Self-De- mittee on Health, Education, Labor, the following: termination Over Reservation Re- and Pensions be authorized to meet, (f) REALIGNMENT OF TERMINAL RADAR AP- sources.’’ during the session of the Senate, to PROACH CONTROL AT PALM BEACH INTER- Those wishing additional information NATIONAL AIRPORT.— conduct a hearing entitled ‘‘Keeping may contact the Indian Affairs Com- America’s Children Safe: Preventing (1) PROHIBITION.—Notwithstanding any mittee at 224–2251. other provision of this section, the Adminis- Childhood Injury’’ on Thursday, May 1, trator of the Federal Aviation Administra- f 2008. The hearing will commence at 10 tion may not carry out, or plan for, the con- AUTHORITY FOR COMMITTEES TO a.m. in room 430 of the Dirksen Senate solidation, deconsolidation, colocation, exe- Office Building. cution of interfacility reorganization, or fa- MEET cility elimination of the terminal radar ap- The PRESIDING OFFICER. Without COMMITTEE ON BANKING, HOUSING, AND URBAN objection, it is so ordered. proach control (TRACON) at Palm Beach AFFAIRS International Airport. Mr. ROCKEFELLER. Mr. President, I COMMITTEE ON INDIAN AFFAIRS (2) REPLACEMENT OF TERMINAL RADAR AP- ask unanimous consent that the Com- PROACH CONTROL AT PALM BEACH INTER- Mr. ROCKEFELLER. Mr. President, I NATIONAL AIRPORT.—The Administrator shall mittee on Banking, Housing, and ask unanimous consent that the Com- ensure that any air traffic control tower or Urban Affairs be authorized to meet mittee on Indian Affairs be authorized facility placed into operation at Palm Beach during the session of the Senate on to meet on Thursday, May 1, at 9:30 International Airport after September 30, May 1, 2008, at 2 p.m. to conduct a Com- a.m. in room 562 of the Dirksen Senate 2007, to replace an air traffic control tower mittee hearing entitled ‘‘The More You Office Building to conduct a hearing or facility placed into operation before Sep- Know, the Better Buyer You Become: entitled Indian Energy Development— tember 30, 2007, includes an operating ter- Financial Literacy for Today’s Home- minal radar approach control. Regaining Self-Determination Over buyers.’’ Reservation Resources. SA 4652. Mr. NELSON of Florida sub- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without mitted an amendment intended to be objection, it is so ordered. objection, it is so ordered. proposed by him to the bill H.R. 2881, COMMITTEE ON COMMERCE, SCIENCE, AND COMMITTEE ON THE JUDICIARY to amend title 49, United States Code, TRANSPORTATION to authorize appropriations for the Mr. ROCKEFELLER. Mr. President, I Mr. ROCKEFELLER. Mr. President, I Federal Aviation Administration for ask unanimous consent that the Com- ask unanimous consent that the Sen- fiscal years 2008 through 2011, to im- mittee on Commerce, Science, and ate Committee on the Judiciary be au- prove aviation safety and capacity, to Transportation be authorized to hold a thorized to meet during the session of provide stable funding for the national hearing during the session of the Sen- the Senate, to conduct a hearing on Ju- aviation system, and for other pur- ate on Thursday, May 1, 2008, at 2:30 dicial nominations on Thursday, May poses; which was ordered to lie on the p.m., in room 253 of the Russell Senate 1, 2008, at 2:15 p.m., in room SD–226 of table; as follows: Office Building. the Dirksen Senate Office Building. Beginning on page 65, strike line 24 and all The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without that follows through page 66, line 2, and in- objection, it is so ordered. objection, it is so ordered. sert the following: (4) Until the Board’s recommendations are COMMITTEE ON ENERGY AND NATURAL SELECT COMMITTEE ON INTELLIGENCE RESOURCES completed, the Administrator may not— Mr. ROCKEFELLER. Mr. President, I (A) consolidate any additional approach Mr. ROCKEFELLER. Mr. President, I ask unanimous consent that the Select control facilities into— ask unanimous consent that the Com- (i) the Southern California TRACON; or mittee on Energy and Natural Re- Committee on Intelligence be author- (ii) the Memphis TRACON; or sources be authorized to meet during ized to meet during the session of the (B) de-consolidate, relocate, colocate, reor- the session of the Senate in order to Senate on May 1, 2008, at 2:30 p.m. to ganize, combine, de-combine, split, or other- conduct a hearing on Thursday, May 1, hold a closed hearing. wise realign— 2008, at 9:30 a.m., in room SD–366 of the The PRESIDING OFFICER. Without (i) the Miami International Airport objection, it is so ordered. TRACON and Tower; Dirksen Senate Office Building. (ii) the Orlando International Airport The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- TRACON and Tower; or objection, it is so ordered. ator from West Virginia is recognized.

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00081 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.002 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7644 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 May 1, 2008 TEMPORARY EXTENSION OF THE The assistant legislative clerk read Ms. CANTWELL. Mr. President, I ask FARM SECURITY AND RURAL IN- as follows: unanimous consent that the concur- VESTMENT ACT OF 2002 A bill (H.R. 3522) to ratify a conveyance of rent resolution be agreed to, the pre- Mr. ROCKEFELLER. Mr. President, a portion of the Jicarilla Apache Reservation amble be agreed to, and the motions to a procedural matter. I ask unanimous to Rio Arriba County, State of New Mexico, reconsider be laid upon the table, with pursuant to the settlement of litigation be- consent the Senate proceed to the im- no intervening action or debate, and tween the Jicarilla Apache Nation and Rio any statements related to the measure mediate consideration of S. 2954, intro- Arriba County, State of New Mexico, to au- be printed in the RECORD. duced earlier today by Senator HARKIN. thorize issuance of a patent for said lands, The PRESIDING OFFICER. Without The PRESIDING OFFICER. The and to change the exterior boundary of the objection, it is so ordered. clerk will report the bill by title. Jicarilla Apache Reservation accordingly, and for other purposes. The concurrent resolution (H. Con. The bill clerk read as follows: Res. 112) was agreed to. A bill (S. 2954) to amend Public Law 110–196 There being no objection, the Senate The preamble was agreed to. to provide for a temporary extension of pro- proceeded to consider the bill. f grams authorized by the Farm Security and Ms. CANTWELL. Mr. President, I ask Rural Investment Act of 2002 beyond May 2, unanimous consent that the bill be REGARDING NEED FOR IRAQ 2008. read three times and passed, the mo- RECONSTRUCTION ASSISTANCE Mr. ROCKEFELLER. Mr. President, I tion to reconsider be laid upon the Ms. CANTWELL. Mr. President, I ask ask if there is objection to proceeding? table, with no intervening action or de- unanimous consent that the Senate Mr. CRAIG. Mr. President, reserving bate, and any statements related to the proceed to the immediate consider- the right to object, and I will not ob- bill be printed in the RECORD. ation of Calendar No. 709, S. Res. 494. ject, I came to the floor last night to The PRESIDING OFFICER. Without The PRESIDING OFFICER. The speak to a time extension for our col- objection, it is so ordered. clerk will report the resolution by leagues on the farm bill. The bill (H.R. 3522) was read the third title. Mr. ROCKEFELLER. This would fol- time and passed. The assistant legislative clerk read low both you and Senator NELSON. f as follows: Mr. CRAIG. I am speaking to the A resolution (S. Res. 494) expressing the MAKING TECHNICAL CORRECTIONS unanimous consent request and the ex- sense of the Senate on the need for Iraq’s IN THE ENROLLMENT OF H.R. 493 tension, and I think it is appropriate at neighbors and other international partners this time. It appears our colleagues Ms. CANTWELL. Mr. President, I ask to fulfill their pledges to provide reconstruc- tion assistance to Iraq. have labored hard and long. We believe unanimous consent that the Senate we have a compromise for the farm proceed to the immediate consider- There being no objection, the Senate bill. This gives them adequate time to ation of H. Con. Res. 340, received from proceeded to consider the resolution, which had been reported from the Com- refine it and bring it to floor as a con- the House and at the desk. mittee on Foreign Relations, without ference report for final consideration. The PRESIDING OFFICER. The amendment, and with an amendment Mr. ROCKEFELLER. I am informed clerk will report the concurrent resolu- to the preamble, as follows: we have to get this bill to the House tion by title. The assistant legislative clerk read (Omit the part struck through and right away. insert the part printed in italic.) There being no objection, the Senate as follows: proceeded to consider the bill. A concurrent resolution (H. Con. Res. 340) S. RES. 494 Mr. ROCKEFELLER. I ask unani- to make technical corrections in the enroll- Whereas a sustained flow of international mous consent that the bill be read ment of the bill H.R. 493. economic reconstruction assistance to the three times and passed, the motion to There being no objection, the Senate Government of Iraq and provincial and re- gional authorities in Iraq is essential to the reconsider be laid upon the table with, proceeded to consider the concurrent resolution. restoration of basic services in Iraq, job cre- no intervening action or debate, and ation, and the future stabilization of that any statements related to the bill be Ms. CANTWELL. Mr. President, I ask country; printed in the RECORD. unanimous consent that the concur- Whereas reconstruction assistance should The PRESIDING OFFICER. Without rent resolution be agreed to and the be administered in a transparent, account- objection, it is so ordered. motion to reconsider be laid upon the able, and equitable manner in order to help The bill (S. 2954) was read the third table. alleviate sectarian grievances and facilitate time and passed, as follows: The PRESIDING OFFICER. Without national political reconciliation; objection, it is so ordered. Whereas the United States has already S. 2954 The concurrent resolution (H. Con. spent approximately ø$29,000,000,000 on re- Be it enacted by the Senate and House of Rep- Res. 340) was agreed to. construction assistance and Congress has au- resentatives of the United States of America in thorized the expenditure of an additional Congress assembled, f $16,500,000,000¿ $18,500,000,000 on reconstruction SECTION 1. ADDITIONAL TEMPORARY EXTEN- NATIONAL CHILD CARE WORTHY assistance and Congress has authorized the ex- SION OF AGRICULTURAL PROGRAMS WAGE DAY penditure of $24,000,000,000 for reconstruction AND SUSPENSION OF PERMANENT assistance; PRICE SUPPORT AUTHORITIES. Ms. CANTWELL. Mr. President, I ask Whereas, on December 18, 2007, the Govern- Effective April 25, 2008, section 1 of Public unanimous consent that the HELP ment Accountability Office (GAO) reported Law 110–196 (122 Stat. 653) (as amended by Committee be discharged from further that, as of October 2007, international donors Public Law 110–200 (122 Stat. 695) and Public consideration of H. Con. Res. 112 and had pledged a total of approximately Law 110–205 (122 Stat. 713)) is amended— the Senate proceed to its immediate $16,400,000,000 in support of Iraq’s reconstruc- (1) in subsection (a), by striking ‘‘May 2, tion since 2003, of which roughly 2008’’ and inserting ‘‘May 16, 2008’’; and consideration. $13,600,000,000 was pledged at an October 2003 (2) in subsection (d), by striking ‘‘May 2, The PRESIDING OFFICER. Without donor conference in Madrid, Spain; 2008’’ and inserting ‘‘May 16, 2008’’. objection, it is so ordered. Whereas the GAO reported that inter- f The clerk will report the concurrent national donors have provided only approxi- resolution by title. mately $7,000,000,000 for reconstruction as- RATIFYING A LAND CONVEYANCE The assistant legislative clerk read sistance, or less than half of the original Ms. CANTWELL. Mr. President, I ask as follows: pledged amount; unanimous consent that the Senate im- A concurrent resolution (H. Con. Res. 112) Whereas the conclusion reached by the mediately proceed to the consideration supporting the goals and ideas of a National Iraq Study Group (ISG) in December 2006 Child Care Worthy Wage Day. that ‘‘[i]nternational support for Iraqi recon- of H.R. 3522, which was received from struction has been tepid’’ remains true and the House. There being no objection, the Senate reinforces the ISG’s subsequent rec- The PRESIDING OFFICER. The proceeded to consider the concurrent ommendation that ‘‘[a]n essential part of re- clerk will report the bill by title. resolution. construction efforts in Iraq should be greater

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00082 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.002 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 7645 involvement by and with international part- Whereas, on December 18, 2007, the Govern- The PRESIDING OFFICER. Without ners, who should do more than just con- ment Accountability Office (GAO) reported objection, it is so ordered. tribute money.... [t]hey should also ac- that, as of October 2007, international donors The resolution (S. Res. 534) was tively participate in the design and construc- had pledged a total of approximately agreed to. tion of projects’’; $16,400,000,000 in support of Iraq’s reconstruc- Whereas Iraq’s regional neighbors, in par- tion since 2003, of which roughly The preamble was agreed to. ticular, carry a special imperative to bolster $13,600,000,000 was pledged at an October 2003 The resolution, with its preamble, reconstruction assistance efforts to Iraq, donor conference in Madrid, Spain; reads as follows: given the vital importance of a peaceful and Whereas the GAO reported that inter- S. RES. 534 national donors have provided only approxi- secure Iraq to their security interests and Whereas drug courts provide focus and mately $7,000,000,000 for reconstruction as- overall regional stability; and leadership for community-wide partnerships, sistance, or less than half of the original Whereas those countries have prospered in bringing together public safety and public pledged amount; recent years due to the rising price of their health professionals in the fight against drug Whereas the conclusion reached by the oil exports and enjoy expanded government abuse and criminality; Iraq Study Group (ISG) in December 2006 revenue from which funds could be allocated Whereas 60 percent to 80 percent of drug of- that ‘‘[i]nternational support for Iraqi recon- for reconstruction assistance to Iraq: Now, fenders sentenced to prison and over 40 per- struction has been tepid’’ remains true and therefore, be it cent sentenced to probation recidivate, and Resolved, That it is the sense of the Senate reinforces the ISG’s subsequent rec- whereas fewer than 17 percent of drug court that— ommendation that ‘‘[a]n essential part of re- graduates recidivate; (1) Iraq’s neighbors and other key inter- construction efforts in Iraq should be greater Whereas the results of more than 100 pro- national partners should fully carry through involvement by and with international part- gram evaluations and at least 3 experimental on previous pledges of reconstruction assist- ners, who should do more than just con- studies have yielded evidence that drug ance to the Government of Iraq, working to tribute money.... [t]hey should also ac- courts greatly improve substance abuse mitigate and circumvent, where necessary, tively participate in the design and construc- treatment outcomes, substantially reduce potential obstacles to the effective imple- tion of projects’’; crime, and produce significant societal bene- mentation of those pledges; and Whereas Iraq’s regional neighbors, in par- fits; (2) the United States should consider a rec- ticular, carry a special imperative to bolster Whereas drug courts transform over 120,000 ommendation proposed by the Iraq Study reconstruction assistance efforts to Iraq, addicts each year in the adult, juvenile, and Group to merge reconstruction assistance given the vital importance of a peaceful and family court systems into drug-free, produc- funds provided by the United States with secure Iraq to their security interests and tive citizens; funds from international donors and Iraqi overall regional stability; and Whereas judges, prosecutors, defense attor- participants to help ensure that assistance Whereas those countries have prospered in neys, substance abuse treatment and reha- projects in Iraq are carried out in the most recent years due to the rising price of their bilitation professionals, law enforcement and rapid and efficient manner possible. oil exports and enjoy expanded government community supervision personnel, research- revenue from which funds could be allocated Ms. CANTWELL. Mr. President, I ers and educators, national and community for reconstruction assistance to Iraq: Now, further ask that the amendment which leaders, and others dedicated to drug courts therefore, be it is at the desk be agreed to; the resolu- Resolved, That it is the sense of the Senate and similar types of treatment programs are tion, as amended, be agreed to; the that— healing families and communities across the amendment to the preamble be agreed (1) Iraq’s neighbors and other key inter- country; and to; the preamble, as amended, be national partners should fully carry through Whereas the drug court movement has agreed to; the motion to reconsider be on previous pledges of reconstruction assist- grown from the 12 original drug courts in 1994 to over 2,000 operational drug courts as laid upon the table, with no inter- ance to the Government of Iraq, working to mitigate and circumvent, where necessary, of December 2007: Now, therefore, be it vening action or debate, and that any Resolved, That the Senate— statements relating to this matter be potential obstacles to the effective imple- mentation of those pledges; and (1) designates the month of May 2008 as printed in the RECORD. (2) the United States should consider a rec- ‘‘National Drug Court Month’’; The PRESIDING OFFICER. Without ommendation proposed by the Iraq Study (2) encourages the people of the United objection, it is so ordered. Group to coordinate United States recon- States and interested groups to observe the The amendment (No. 4653) was agreed struction assistance funds, in whatever form month with appropriate ceremonies and ac- to, as follows: they are provided, with funds from inter- tivities; On page 3, beginning on line 9, strike ‘‘to national donors and Iraqi participants to (3) encourages leaders across the United merge reconstruction assistance funds pro- help ensure that assistance projects in Iraq States to increase the use of drug courts by vided by the United States with funds’’ and are carried out in the most rapid and effi- instituting sustainable drug courts and other insert ‘‘to coordinate United States recon- cient manner possible. treatment-based alternatives to prison in all 3,143 counties in the United States, which struction assistance funds, in whatever form f they are provided, with funds’’. serve the vast majority of the highest-need NATIONAL DRUG COURT MONTH citizens in the justice system; and The resolution (S. Res. 494), as (4) supports the goal of robustly funding amended, was agreed to. Ms. CANTWELL. Mr. President, I ask the Drug Court Discretionary Grant Pro- The amendment to the preamble was unanimous consent that the Judiciary gram and other treatment-based alternatives agreed to. Committee be discharged from further to prison in order to expand these critical The preamble, as amended, was consideration of S. Res. 534 and that criminal justice programs. agreed to. the Senate proceed to its immediate f The resolution, as amended, with its consideration. preamble, as amended, reads as follows: The PRESIDING OFFICER. Without NATIONAL SUBSTITUTE TEACHER S. RES. 494 objection, it is so ordered. RECOGNITION WEEK Whereas a sustained flow of international The clerk will report the resolution Ms. CANTWELL. Mr. President, I ask economic reconstruction assistance to the by title. unanimous consent that the Senate The assistant legislative clerk read Government of Iraq and provincial and re- now proceed to the consideration of S. as follows: gional authorities in Iraq is essential to the Res. 544 which was submitted earlier restoration of basic services in Iraq, job cre- A resolution (S. Res. 534) designating the ation, and the future stabilization of that month of May 2008 as ‘‘National Drug Court today. country; Month.’’ The PRESIDING OFFICER. The Whereas reconstruction assistance should There being no objection, the Senate clerk will report the resolution by be administered in a transparent, account- proceeded to consider the resolution. title. able, and equitable manner in order to help Ms. CANTWELL. Mr. President, I ask The assistant legislative clerk read alleviate sectarian grievances and facilitate unanimous consent that the resolution as follows: national political reconciliation; A resolution (S. Res. 544) designating May Whereas the United States has already and the preamble be agreed to en bloc, 5 through 9, 2008, as National Substitute spent approximately $18,500,000,000 on recon- the motions to reconsider be laid upon Teacher Recognition Week. struction assistance and Congress has au- the table en bloc, and any statements thorized the expenditure of $24,000,000,000 for relating thereto be printed in the There being no objection, the Senate reconstruction assistance; RECORD. proceeded to consider the resolution.

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00083 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.002 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7646 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 May 1, 2008 Mr. HATCH. Mr. President, I rise ability, reduce the number of student and ables all eligible high school graduates of the today in recognition of the 7th Annual faculty complaints, and increase retention El Dorado Public School District in El Do- ‘‘National Substitute Teacher Recogni- rates of substitute teachers; rado, Arkansas, to attend any accredited 2- tion Week,’’ which is celebrated in con- Whereas a strong, effective system of edu- or 4-year, public or private, college or uni- cation for all children and youth is essential versity; junction with Teacher Appreciation to our Nation’s continued strength and pros- Whereas school enrollment in the El Do- Week. This is a national effort to rec- perity; rado Public School District has significantly ognize the approximately 270,000 men Whereas much of a child’s growth and increased since the El Dorado Promise schol- and women that fill in for absent per- progress can be attributed to the efforts of arship program was established, despite a 15- manent teachers every day in the dedicated teachers and substitute teachers year trend of decreasing enrollment; United States. who are entrusted with the child’s edu- Whereas the El Dorado Promise scholar- According to research performed by cational development; ship program increased the number of El Do- the Substitute Teaching Institute— Whereas substitute teachers play a vital rado High School students who chose to at- STI—at Utah State University, as role in maintaining continuity of instruction tend college after graduation by 20 percent; and a positive learning environment in the and much as 1 full year of a child’s elemen- absence of a permanent classroom teacher; Whereas, on April 30, 2008, El Dorado High tary and secondary education is taught and School students who receive El Dorado by substitute teachers. More often Whereas substitute teachers should be rec- Promise and other academic scholarships than not, these are talented individuals ognized for their dedication and commit- sign academic letters of intent for the col- who are willing to take on the chal- ment: Now, therefore, be it leges they will be attending upon gradua- lenge of providing quality education Resolved, That the Senate— tion: Now, therefore, be it when permanent teachers are out of (1) designates May 5 through 9, 2008, as the Resolved, That the Senate— the classroom. I believe it is only ap- 7th annual National Substitute Teacher Rec- (1) congratulates the recipients of the El ognition Week; Dorado Promise scholarship for choosing to propriate that we do something to rec- (2) recognizes the important and vital role further their education; ognize the efforts of these members of substitute teachers play in a child’s edu- (2) recognizes April 30, 2008, as the second our communities who fill a void in the cation; and Academic Signing Day for graduating El Do- education of our children and play a (3) encourages educational institutions to rado High School students receiving El Do- vital role in maintaining continuity of observe the week with appropriate events rado Promise and other academic scholar- instruction and a positive learning en- and activities. ships; (3) acknowledges that the El Dorado Prom- vironment for students throughout our f country. ise scholarship program is important for the HONORING THE RECIPIENTS OF revitalization of southern Arkansas; and I would also like to recognize and (4) recognizes Murphy Oil Corporation for commend the work and dedication of THE EL DORADO PROMISE SCHOLARSHIP its efforts to ensure that children from the Substitute Teaching Institute. Es- southern Arkansas, who might otherwise tablished in 1995, STI provides sub- Ms. CANTWELL. Mr. President, I ask struggle in financing a college education, are stitute teachers with training mate- unanimous consent that the Senate able to attend college. rials to improve the quality of their proceed to the immediate consider- f contribution to classroom activities. ation of S. Res. 545, which was sub- Over the last 12 years, STI has evolved mitted earlier today by Senator PRYOR. NATIONAL PHYSICAL FITNESS and grown to become one of our Na- The PRESIDING OFFICER. The AND SPORTS MONTH AND NA- tion’s leaders in the effort to improve clerk will report. TIONAL PHYSICAL EDUCATION substitute teaching, providing training The assistant legislative clerk read AND SPORTS WEEK materials and services along with re- as follows: Ms. CANTWELL. Mr. President, I ask cruitment and retention assistance to A resolution (S. Res. 545) honoring the re- unanimous consent that the Senate school districts and substitute teachers cipients of the El Dorado Promise Scholar- proceed to the consideration of S. Res. around the world. Having expanded its ship. 546, which was submitted earlier today. work over the years, the STI contin- There being no objection, the Senate The PRESIDING OFFICER. The ually works to revolutionize the role of proceeded to consider the resolution. clerk will report. substitute teachers into opportunities Ms. CANTWELL. Mr. President, I ask The assistant legislative clerk read for educational excellence. unanimous consent that the resolution as follows: I am joined by Senators CLINTON and be agreed to, the preamble be agreed A resolution (S. Res. 546) designating May COCHRAN in submitting a resolution to, the motion to reconsider be laid 2008 as ‘‘National Physical Fitness and designating May 5–9, 2008 as National upon the table, with no intervening ac- Sports Month,’’ and the week of May 1 Substitute Teacher Recognition Week, tion or debate, and that any state- through May 7, 2008, as ‘‘National Physical and I urge all my colleagues to lend ments related thereto be printed in the Education and Sports Week.’’ their support. RECORD. There being no objection, the Senate Ms. CANTWELL. Mr. President, I ask The PRESIDING OFFICER. Without proceeded to consider the resolution. unanimous consent that the resolution objection, it is so ordered. Mr. THUNE. Mr. President, I am be agreed to, the preamble be agreed The resolution (S. Res. 545) was pleased to submit a resolution today to, and the motions to reconsider be agreed to. with my colleague, Senator WYDEN OR, laid upon the table. The preamble was agreed to. designating the month of May as ‘‘Na- The PRESIDING OFFICER. Without The resolution, with its preamble, tional Physical Fitness and Sports objection, it is so ordered. reads as follows: Month’’ and the first week of May as The resolution (S. Res. 544) was S. RES. 545 ‘‘National Physical Education and agreed to. Sports Week.’’ Whereas the 2000 United States Census de- The preamble was agreed to. Developing healthy habits is impor- The resolution, with its preamble, termined that El Dorado, Arkansas, had a significantly lower percentage of residents tant for all of us, as children, young reads as follows: with degrees from institutions of higher edu- adults, and as we grow older. Current S. RES. 544 cation and a significantly higher percentage and past Presidents have recognized Whereas, on average, as much as 1 full year of families who fell below the poverty line the month of May, the beginning of of a child’s elementary and secondary edu- than the national average; spring, as ‘‘Physical Fitness and Sports cation is taught by substitute teachers; Whereas it is increasingly important for Month’’ for over 20 years. Around Whereas, on any given day in the United students to obtain a college education in South Dakota and across the country, States, more than 270,000 classes are taught order to keep up with the demands of the by substitute teachers; modern workforce and global economy; local YMCAs, afterschool programs, Whereas formal training of substitute Whereas the El Dorado Promise scholar- and other organizations take time dur- teachers has been shown to improve the ship is a tuition scholarship, created and ing the month of May to recognize the quality of education, lower school district li- funded by Murphy Oil Corporation, which en- need to get fit, stay active, and look at

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00084 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.002 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 7647 new ways to promote physical activity. Association, American Diabetes Asso- NORTH AMERICAN OCCUPATIONAL This year, I am pleased we are able to ciation, and the National Coalition for SAFETY AND HEALTH WEEK AND recognize the importance of physical Promoting Physical Activity. OCCUPATIONAL SAFETY AND fitness through the Senate. HEALTH PROFESSIONALS DAY As we talk more about health care Ms. CANTWELL. Mr. President, I ask unanimous consent that the resolution Ms. CANTWELL. Mr. President, I ask reform and the uninsured, it is impor- unanimous consent that the Senate be agreed to, the preamble be agreed tant to remember that each of us has a now proceed to the immediate consid- responsibility concerning our own care to, and the motions to reconsider be eration of S. Res. 547, submitted earlier and to educate our children on the im- laid upon the table. today by Senator DURBIN. portance of staying healthy. Too often The PRESIDING OFFICER. Without The PRESIDING OFFICER. The I hear from constituencies, such as objection, it is so ordered. clerk will report. school groups and health care pro- The assistant legislative clerk read viders, that childhood obesity and dia- The resolution (S. Res. 546) was as follows: betes are on the rise—and it is not just agreed to. A resolution (S. Res. 547) designating the affecting our health, but also our pock- The preamble was agreed to. week of May 4 through May 10, 2008, as etbooks. ‘‘North American Occupational Safety and The resolution, with its preamble, According to my State and the Cen- Health Week’’ and May 7, 2008, as ‘‘Occupa- ters for Disease Control, more than reads as follows: tional Safety and Health Professionals Day.’’ 50,000 South Dakotans have diabetes S. RES. 546 There being no objection, the Senate and projections show that number will Whereas regular physical activity helps in- proceeded to consider the resolution. continue to increase. Diabetes of crease endurance, strengthen bones and mus- Ms. CANTWELL. Mr. President, I ask course can cause severe complications cles, control weight, and reduce anxiety and unanimous consent that the resolution and takes a tremendous toll on our so- stress, and may improve blood pressure and be agreed to, the preamble be agreed ciety. The disease is associated with cholesterol levels; to, and the motions to reconsider be significant personal and social costs Whereas about 2⁄3 of young people in the laid upon the table, with no inter- due to impaired health and quality of ninth through 12th grades do not engage in vening action or debate, and that any recommended levels of physical activity, and statements relating thereto be printed life. daily participation in high school physical in the RECORD. Heart disease is another significant education classes has declined over the last 7 and often related illness to diabetes years; The PRESIDING OFFICER. Without that effects millions of Americans and Whereas 39 percent of adults report they objection, it is so ordered. costs Medicare and Medicaid, and are not physically active, and only 3 in 10 The resolution (S. Res. 547) was therefore taxpayers, millions each adults engage in the recommended amount agreed to. The preamble was agreed to. year. In South Dakota, approximately of physical activity; The resolution, with its preamble, 1,743 deaths—24.8 percent of all Whereas, in 2004, more than 9,000,000 chil- dren and adolescents in the United States be- reads as follows: deaths—in 2006 were caused by cardio- tween the ages of 6 and 19 were considered S. RES. 547 vascular diseases, including stroke. overweight; Whereas every year more than 5,700 people Now much of the burden of heart dis- Whereas obesity and inactivity are 2 major ease is due to smoking—and that is an- die from job-related injuries and 4,400,000 risk factors for developing type 2 diabetes, a more incur occupational injuries and ill- other problem we will continue to disease that affects millions of people in the nesses in the United States; tackle through education at the state United States; Whereas transportation crashes continue and local levels. But it is also helpful Whereas many chronic diseases may be to be the number 1 cause of on-the-job to know that both heart disease and prevented by living a healthy lifestyle that deaths, and overall in 2005 there were includes regular physical activity and a bal- 6,159,000 transportation accidents resulting type 2 diabetes are largely preventable. anced diet; Also, obesity and inactivity are two of in 43,433 deaths, 2,700,000 injuries, and an es- Whereas, according to the Centers for Dis- timated $230,600,000,000 in tangible costs; the major risk factors associated with ease Control and Prevention, the American these diseases—-which means a healthy Whereas businesses spend $170,000,000,000 a Heart Association, and the American College year on costs associated with occupational diet and regular physical activity at all of Sports Medicine, minimum physical activ- injuries and illnesses; ages can go a long way toward improv- ity for adults consists of moderate activity Whereas it is imperative that employers, ing our quality of life and reducing our for 30 minutes 5 days a week or vigorous ac- employees, and the general public are aware health care bills. tivity for 20 minutes 3 days a week; of the importance of preventing illness and For adults, it is recommended that Whereas, according to a 1996 report by the injury in the workplace–wherever that work- Surgeon General, positive experiences with minimum physical activity consist of place may be, such as on the road, in the air, physical activity at a young age help to lay the classroom, the store, the plant, or the of- moderate activity for 30 minutes, 5 the foundation for being active throughout days a week, or more vigorous activity fice; life; Whereas each year the families, friends, for 20 minutes, 3 days a week. My Whereas the President’s Council on Phys- and co-workers of victims of on-the-job acci- daughters and I happen to have a pas- ical Fitness and Sports promotes regular dents suffer intangible losses and grief, espe- sion for running, which is particularly physical activity to achieve and maintain cially when proper safety measures could popular this time of year in South Da- good health and to prevent chronic disease have prevented worker injury or death; kota. and offers motivational tools through the Whereas everyday millions of people go to President’s Challenge program for people of The month of May is also a time to and return home from work safely due, in all ages to track physical activity; and part, to the efforts of occupational safety, recognize the importance of sports to Whereas the month of May has been recog- our State and to our schools. Getting health, and environmental practitioners who nized since 1983 as National Physical Fitness work day in and day out identifying hazards involved in your local school team— and Sports Month to encourage physical fit- and implementing safety and health ad- high school or college—or in other ness and activity and to promote health in vances across industries and workplaces, local teams is a great way to stay mo- children and adults of all ages: Now, there- aimed at eliminating workplace fatalities, tivated and focused through school and fore, be it injuries, and illnesses; to develop healthy habits that will last Resolved, That the Senate— Whereas our society has long recognized for many years. It is also a tremen- (1) designates— that a safe and healthy workplace positively dously important part of community (A) May 2008 as ‘‘National Physical Fitness impacts employee morale, health, and pro- life in South Dakota. and Sports Month’’; and ductivity; I am proud that this resolution has (B) the week of May 1 through May 7, 2008, Whereas the purpose of the North Amer- as ‘‘National Physical Education and Sports ican Occupational Safety and Health Week been endorsed by YMCA of the USA, Week’’; and (NAOSH) is to raise awareness among em- AAHPERD—American Alliance for (2) encourages the people of the United ployees, employers, and the general public of Health, Physical Education, Recre- States to observe the month and the week the benefits of investing in occupational ation & Dance—the American Heart with appropriate ceremonies and activities. safety and health;

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00085 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.003 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7648 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 May 1, 2008 Whereas the more than 32,000 members of this—oil futures are part of what drives mean there is no justification for the the American Society of Safety Engineers, the day-to-day price of oil. When oil fu- price—we have somebody in the Fed- along with the more than 150,000 combined tures are so high, that helps set the eral Government, a Federal agency members of the American Association of Oc- price in the day-to-day, what is called that is going to police that market and cupational Health Nurses, the American Heart Association, and the National Associa- the spot market. We know oil futures hold people accountable for the manip- tion of Homebuilders, will be mobilizing to now will be over $100 a barrel for sev- ulation of supply and price. encourage safe practices, and increase the eral years. We know this is a very big During the summer season, we actu- quality of life for employees and employers; indicator of the challenge we face in ally think consumption in the United Whereas the theme of NAOSH Week 2008 is keeping gasoline prices low. States is projected to decline. So this ‘‘safety is good business’’, highlighting that Many of my colleagues have been out notion somehow that the summer driv- businesses operate more efficiently and are here talking about ANWR, how we ing season is upon us and all of a sud- more respected when they use effective safe- should drill in the Arctic Wildlife Ref- den the price should go up because ty and health management systems; and more people are going to be driving Whereas, on May 7, 2008, occupational safe- uge and we will solve our problems. I ty and health professionals will be recog- do not support drilling in the wildlife taking vacations and it is going to nized during the 3rd annual Occupational refuge because I think it is a very spe- have an impact and that is why the Safety and Health Professionals Day for the cial place because it is a wildlife ref- price should go up is just not correct. work they do to keep people safe at work: uge. More importantly, in this case, it This is a statement by the Energy In- Now, therefore, be it is not going to solve our energy crisis. formation Agency that it declined over Resolved, That the Senate— Drilling in the Arctic Wildlife Refuge last year by three-tenths of a percent (1) designates the week of May 4 through will, at the height of its production 10 and is expected to decline by four- 10, 2008, as ‘‘North American Occupational tenths of a percent for the summer. It Safety and Health Week’’; or 20 years from now, if it actually oc- (2) designates May 7, 2008, as ‘‘Occupa- curs, will reduce gas prices by about a is not really about the fact that all of tional Safety and Health Professionals Day’’; penny a gallon. We are talking about a a sudden just because it is summer we (3) commends occupational safety, health, few dollars of savings over a year’s pe- should pay higher gas prices. and environmental practitioners for their riod of time. We are not talking about I have shown this chart about supply ongoing commitment to protecting people, a solution. and demand because it shows in the or- property, and the environment; The United States has 3 percent of ange color what demand have been and (4) commends those businesses that en- the world’s oil reserves. We are not what supply has been, the yellow line. courage a strong safety culture and incor- going to drill our way out of this prob- What is interesting is that supply and porate occupational safety and health into their business strategies; lem. So we need to act. demand has been fairly consistent over (5) encourages all industries, organiza- Many of my colleagues have said it is time; that is, we see some anomalies tions, community leaders, employers, and about the fact that there is not enough there, but pretty much supply and de- employees to join with the American Society gas supply; we don’t have enough in- mand are being met. So someone can- of Safety Engineers to support activities ventory. And we hear from oil analysts not say we had in 2007 or 2008 a big gap aimed at increasing awareness of the impor- who give testimony or write articles in and that is why today prices are 100 tance of preventing illness, injury, and death the paper that ‘‘gasoline inventories times what they were, over 100 percent in the workplace, during the week of May 4 are higher than the historical average from where they were a year ago. You through May 10, 2008, and throughout the year; and at this time of year . . . so there is cannot say that because supply and de- (6) urges all people of the United States to really no need to worry about the sup- mand are basically constant. continue to act responsibly and to be safe at ply being too tight.’’ This is an oil ana- That leaves us to say, What is the work so that the millions of people who go to lyst who said this in March. Here is problem? What is going on and what is work return home safely every day to their somebody analyzing the market who causing this problem? When I think families and friends. says it is not about the supply being about this issue about what America f too tight. needs to do to make sure oil markets We had some people say it is all are policed, to make sure oil markets ENERGY about refineries, if we just went ahead are functioning, to make sure oil, a Ms. CANTWELL. Mr. President, with refineries producing more and commodity that is so important to us there are many items we were taking there are all these environmental regu- in the United States as it relates to our care of, but I think the Senate, includ- lations and they cannot produce more economy, is really properly policed by ing the Presiding Officer, in the last oil. According to CEOs of oil compa- proper Federal agencies, I look at several days has spent a lot of time nies, that is not the issue because the where this is. talking about the high prices of gaso- CEO of Shell testified that—this is be- I have said a couple times on the line and how the consumers are being fore a Senate committee—‘‘We are not floor now it seems to me that ham- impacted by it. aware of any environmental regula- burger in America has more regulation I come to the floor tonight to con- tions that have prevented us from ex- as it relates to the futures market than tinue that discussion and to say to the panding refinery capacity or siting a oil does. I am sure some will say: What American people and the people of new refinery.’’ That is not what the is the Senator from Washington talk- Washington State whom I represent problem is either. ing about? What I am talking about is that we are going to be aggressive and We know it is not any existing regu- basically this chart which is that cat- vigilant about looking into the oil lations because here is another CEO of tle futures, which are traded on several market and why gas prices have risen an oil company who said: At this time, platforms, basically do not have any over 100 percent in a year when there we are not aware any projects have exemptions. They have to comply with has been no disruption of supply, when been directly prevented as a result of all the rules and regulations of the fu- there has been no shortage, when most any specific Federal or State regula- tures market. That means they have to oil companies testified that oil should tion. register, people have to know who is be at $60 a barrel, why we are at these I have gone over some of these buying and selling on that market. high gas prices. charts, and I am going over them again They have daily reporting require- Many of my colleagues have been out tonight because I think it is important ments. That means there has to be on the floor speaking. I keep pointing for us to get to the bottom of what is transparency. And there are specula- to the fact that the price of oil has going on. We owe it to our consumers, tive limits. Those speculative limits in been at over $118 a barrel. I don’t know to our constituents to make sure that the market for something such as cat- what they closed at today. Many con- strong Federal statutes are in place tle futures basically say if price gets sumers have been paying anywhere that prohibit market manipulation and out of control, then they stop the mar- from $3.56 a gallon to $4.22 a gallon for that they are enforced and that if mar- ket. They stop the market; they don’t diesel. Oil futures—I keep emphasizing kets are out of control—and by that I let it just careen out of control.

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00086 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.003 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 7649 Yet we look at oil—besides the That is the legislation that Senator when you look at those markets, one of NYMEX, oil has been traded on these REID and the Democrats pushed and the reasons you police markets and mini-platforms, and you ask: Does it got bipartisan support for in the Sen- you look at speculative limits and you have to meet any of these same re- ate and we passed in December of last have exchange registration is because quirements as beef? No. Look over here year. you want to make sure that not one big and they are exempt. There is no check What we have been waiting for is the player has so much market share it mark here. They are exempt. They are FTC to act. We have been waiting for ends up using that in a manipulative an exempt commodity. Why? Because the administration to enforce that law. way, which is what Amaranth did. in 2000, they were given an exemption We have been waiting for them to en- After Amaranth basically collapsed called the Enron loophole that basi- force that law by writing the rules and and the Federal Energy Regulatory cally said those trades don’t have to regulations that will police the oil Commission went after them for the comply with the same daily reporting market and catch the manipulators of manipulation of these prices, the price requirements of the futures market. oil prices in this country. of natural gas fell 38 percent. After They don’t have registration, so we The good news is the FTC is acting. they got out of the market, the natural don’t know who is impacting that mar- The FTC, within the last half an hour, gas price fell 38 percent. ket. We don’t know who is doing it. 40 minutes, has issued their rule. I have I am not saying this is going to hap- They certainly don’t have daily report- it here. This is the new rule. pen, but imagine if that same thing ing requirements, so there is no trans- It has to go through a public com- happened in the oil markets. What parency, and they don’t have any kind ment period. It has to have the input, would happen if we found out there was I am sure it will be from hundreds of of limitation on the speculation. Basi- a big player such as Amaranth that people who will want to say this is how cally, we have a totally different re- was helping drive up the price and you I think this rule should work. I cer- gime of how futures are treated. actually could see a reduction of 38 per- As I said, the important point is that tainly encourage consumers and con- cent from where we are today at nearly the oil futures price impacts the day- sumer organizations and my colleagues $118—$110 a barrel. Oil would be about to-day price of oil as well. So it is very in the Senate to all respond to this rule $75 a barrel. Instead of paying $3.60 a because it will be critical that we hear important that we have a futures mar- gallon, we would be paying more like from people. ket that functions, that is not manipu- $2.40 or $2.50 a gallon. That is what I think the Chairman of the FTC, lated, that has a certain amount of would happen. Chairman Kovacic, has done a good job It is critical we police these markets transparency to it, that there are re- saying in a press release just issued: and we use this new rule and that con- porting requirements so that if some- We understand consumer prices are being sumers respond and that we do our job thing is amiss in the marketplace, it hurt by high gas prices and that the Com- in the Congress in making sure Federal can be investigated. mission remains vigilant in using this au- regulators are on top of what is an out- Let me be clear. I don’t think any oil thority to prevent unlawful behavior that af- of-control oil market that is not based company or hedge fund or any other or- fects gas prices. on supply and demand, that is based on ganization wants a disruptive market I congratulate the FTC in issuing some other market activity that can- that does not function properly on this rule. But I want people to under- not be explained. Where there is smoke market fundamentals. That is not good stand that this rule in its final imple- I think there is fire. We certainly see a for anybody. So everybody should mentation is what is going to say to lot of smoke in the oil markets that I think that somehow hamburger cannot those individuals who are manipulating hope will lead the FTC to investigate be more important to America than oil markets—we don’t know yet about oil vigorously, with this new rule, the po- as it relates to our economy, and yet markets. We certainly know we have tential manipulation and stop these we have given all of these exemptions found manipulation of electricity mar- practices to help save our economy and to oil and said we don’t need to know kets, we have found manipulation of save consumers who are getting gouged this. We don’t need to know this infor- natural gas markets, we have found at the pump. mation. It is apparent at these prices manipulation of propane, and we are We are going to continue next week that market fundamentals are not going to use this law and this new rule by reminding our colleagues of what we working. Supply and demand is not to police the oil markets and stop any need to do. We need to protect con- working. kind of activity that is spiking the sumers by closing the Enron loophole. We as a body basically said we want price of gasoline and ruining our econ- As I said, beef futures have all these re- a prohibition on manipulation of oil. omy. quirements but oil doesn’t. We need to We made it illegal for any person to di- I can’t say how important it is that require the oversight of all oil futures rectly or indirectly use ‘‘any manipula- we move forward on this rule. I can’t markets. This was No. 3 on our list, get tive or deceptive device or contriv- tell you how critical it is because with- the FTC to act with new rules. The ance’’ in connection with the wholesale out the proper tools, without the prop- FTC did it tonight, issued their rule. I purchase of crude oil or petroleum dis- er policing and a market careening out have not even read it in full. I am tillates. And we said any violators of of control—we had an oil analyst who going to do that as soon as I leave the that law could be fined up to $1 million basically said—I don’t know if we have floor. I am going to see how good the a day. We did that in December. I think that chart—but he basically said Gov- rule is in basically enforcing the power that $1 million per day is a pretty stiff ernment has to act because there is too we gave them in the December 2007 En- fine to deter people from manipulating much speculative power running ergy bill. the market. around in the market without the over- We need to get the DOJ in the act be- We also said anybody who knowingly sight, and Government needs to act. If cause I think the FTC, while they have provides false or misleading informa- it does not act, prices are going to keep the new authority, should be with the tion about the wholesale of crude oil or going up. CFTC, they should work with the SEC. gasoline prices to a Federal depart- I wish to give an example because the They did a great job on the Enron task ment or agency can also be fined up to Amaranth case was a natural gas case force in compiling across multiple $1 million per day. where a hedge fund basically manipu- agencies the case against the manipu- We believe when we look at the lated the market and sold a bunch of lation of the electricity markets. They Enron case and we look at some of the product into the market, physically a should do the same for the oil markets. information that has been provided in whole month of supply, to crash the Then, as I said before, I think mak- these other markets where there has price and then basically end up capital- ing sure the President has emergency been manipulation, that providing false izing on the fact they had so much con- authority on price gouging, such as 28 information was exactly the way we trol of the market. States do, is also an important tool, caught and understood exactly how Back to a chart that we have on beef and I am sure we will be talking more people were manipulating the market. and cattle futures, it is the issue that about that in the future.

VerDate Mar 15 2010 13:36 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00087 Fmt 0686 Sfmt 0634 E:\BR08\S01MY8.003 S01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7650 CONGRESSIONAL RECORD—SENATE, Vol. 154, Pt. 6 May 1, 2008 Bursting the energy price bubble is The assistant legislative clerk pro- day. There will be no votes tomorrow what we need to do. We need to burst ceeded to call the roll. and, as previously announced, there the energy price bubble that we cannot Ms. CANTWELL. Mr. President, I ask will be no votes on Monday. explain. We do not know why it is unanimous consent the order for the there. It is not supply and demand. It quorum call be rescinded. f is something else going on, and we need The PRESIDING OFFICER. Without to get to the bottom of it. After Ama- objection, it is so ordered. ADJOURNMENT UNTIL 9:30 A.M. ranth, pricing dropped to the lowest TOMORROW f level in 21⁄2 years after their getting Ms. CANTWELL. If there is no fur- out of the market, after their manipu- ORDERS FOR FRIDAY, MAY 2, 2008 ther business to come before the Sen- lation, after a hedge fund came in and Ms. CANTWELL. Mr. President, I ask ate, I ask unanimous consent the Sen- tried to manipulate the natural gas unanimous consent that when the Sen- ate stand adjourned under the previous market. When we saw the lowest rate ate completes its business today, it order. for natural gas in 21⁄2 years after we got stand adjourned until 9:30 a.m. tomor- There being no objection, the Senate, that manipulator out of the market, it row, Friday, May 2; that following the at 7:33 p.m., adjourned until Friday, tells us we have to be vigorous in this prayer and the pledge, the Journal of May 2, 2008, at 9:30 a.m. battle. We have to be aggressive in pro- proceedings be approved to date, the tecting our consumers, and that is morning hour be deemed expired, the f what the Senate is going to continue to time for the two leaders be reserved for NOMINATIONS do. their use later in the day, and that I know the Presiding Officer is on there then be a period of morning busi- Executive nominations received by board in that effort. I know many of ness, with Senators permitted to speak the Senate: my colleagues are too. I know Senator therein for up to 10 minutes each. I fur- DEPARTMENT OF DEFENSE REID is as well. I encourage my colleagues to weigh ther ask that the filing deadline for SEAN JOSEPH STACKLEY, OF VIRGINIA, TO BE AN AS- first-degree amendments be 3:30 p.m. SISTANT SECRETARY OF THE NAVY, VICE DELORES M. in on this issue of the FTC rule and po- ETTER, RESIGNED. on Monday. licing of the oil markets. I hope we DEPARTMENT OF HOUSING AND URBAN The PRESIDING OFFICER. Without have hearings in the Commerce Com- DEVELOPMENT objection, it is so ordered. mittee to do that and that we show the STEVEN C. PRESTON, OF ILLINOIS, TO BE SECRETARY American public the Senate is serious f OF HOUSING AND URBAN DEVELOPMENT, VICE ALPHONSO R. JACKSON, RESIGNED. about protecting consumers from the PROGRAM high price spikes in oil that cannot be DEPARTMENT OF STATE described as simply market supply and Ms. CANTWELL. Mr. President, LILIANA AYALDE, OF MARYLAND, A CAREER MEMBER today we were unable to reach an OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- demand. COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND I yield the floor. agreement on the FAA reauthorization PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA bill. As a result, Senator REID filed clo- TO THE REPUBLIC OF PARAGUAY. Mr. President, I suggest the absence TATIANA C. GFOELLER-VOLKOFF, OF THE DISTRICT OF of a quorum. ture on the substitute amendment and COLUMBIA, A CAREER MEMBER OF THE SENIOR FOREIGN the bill. The cloture vote on this sub- SERVICE, CLASS OF COUNSELOR, TO BE AMBASSADOR The PRESIDING OFFICER. The EXTRAORDINARY AND PLENIPOTENTIARY OF THE clerk will call the roll. stitute will occur at 2:30 p.m. on Tues- UNITED STATES OF AMERICA TO THE KYRGYZ REPUBLIC.

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PAYING TRIBUTE TO GENE REMARKS ON THE ILWU MAY DAY derson to preach at their home in Goose SEGERBLOM PROTEST OF THE IRAQ WAR Creek. Later that year, John W. Anderson be- came the first pastor of First Baptist Church, HON. JON C. PORTER HON. JACKIE SPEIER Goose Creek known today as Memorial Bap- tist Church. OF NEVADA OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES Blessed with outstanding leadership and IN THE HOUSE OF REPRESENTATIVES unshakable faith, the congregation continues Thursday, May 1, 2008 Thursday, May 1, 2008 to be a treasure to the city of Baytown. Memo- Mr. PORTER. Madam Speaker, it is my dis- Ms. SPEIER. Madam Speaker, today many rial Baptist Church is a good example of the tinct pleasure to rise today to honor Gene of the 40,000 members of the International positive role that churches play in our commu- Longshore and Warehouse Union—the Segerblom by entering her name in the CON- nities. Through their ministry and outreach ef- ILWU—are expressing their outrage at the Ad- GRESSIONAL RECORD, the official record of the forts, lead by current pastor Brad Hoffman, proceedings and debates of the United States ministration’s war policies and their effect on they are making a difference in the lives of Congress since 1873. I rise today to honor working families by staging a walkout at ports people. Gene Segerblom, who recently celebrated her and other facilities along the West Coast. Today, more than ever, our Nation needs 90th birthday on March 15th, 2008. I stand in solidarity with these workers the spiritual nourishment and support that our whom, like the truckers who mobilized in Gene was born in 1918 in Elko County, Ne- local churches can provide. It is for this reason Washington earlier this week and many other vada. Gene’s grandparents had migrated to that I congratulate the members of Memorial working and middle-class Americans, have Nevada as pioneers. She graduated from high Baptist Church for their dedication and faith as simply had enough of the diet of mistruths and school in Winnemucca, and later graduated they celebrate 90 years of serving our commu- deceptions that our President continues to from the University of Nevada, Reno. She nity. feed the American public. moved to Southern Nevada in 1940 to teach f Madam Speaker, Americans are saying at Boulder City High School. A year later, she enough is enough. We spend billions every PERSONAL EXPLANATION resigned from her position at the high school week in Iraq while the government there and married Cliff Segerblom, a known judge banks its oil profits and refuses to pitch in to and talented artist. HON. ROBERT E. ANDREWS help fund the necessary projects required to OF NEW JERSEY Upon the return from their honeymoon, the get the Iraqi people back on their feet. newlyweds moved to the Republic of Panama, IN THE HOUSE OF REPRESENTATIVES Madam Speaker, my tenure in this house is where Cliff was offered a job to be the photog- Thursday, May 1, 2008 short, but my interest in the institution has rapher on the third set of canal locks. They been a life-long pursuit. May I say that you Mr. ANDREWS. Madam Speaker, I was not lived there for 6 years, and returned to Boul- have done more to bring peace to our nation present on April 29, 2008. Had I been present, der City in 1947 where Gene focused on rais- and get our troops back home to their families I would have voted ‘‘yea’’ on the following roll- ing her children Robin, Richard, and Tic. After than any other war-time Speaker in our his- call votes: rollcall 224, rollcall 225, and rollcall 21 years, she returned to teaching govern- tory. I am proud to stand by you and the ILWU 226. ment classes at Boulder City High School. as we all do our part to bring an end to this f She later embarked on her political career as war. COMMENDING COLE VALLEY a city council woman for Boulder City. She It is time to bring our men and women home CHRISTIAN SCHOOL SCIENCE worked tirelessly with the Las Vegas Chamber to their families and communities. It is time for BOWL TEAM of Commerce as well as the Boulder City all Americans, like the Longshore and Ware- Chamber of Commerce to promote Nevada house workers, to stand up and tell the Presi- and Boulder City. dent ‘‘Enough is enough. End this war before HON. BILL SALI In 1991, Gene ran for the Nevada State As- your term is over. Eight tragic years for our OF IDAHO sembly and won. She served four terms in the country is bad enough, don’t saddle future IN THE HOUSE OF REPRESENTATIVES State Assembly and had been the first rep- generations with a prolonged commitment in a Thursday, May 1, 2008 resentative to serve Boulder City in 22 years. country we never should have gone into in the Throughout her term, Gene focused on the first place.’’ Mr. SALI. Madam Speaker, I rise today to preservation and restoration of many historical recognize an elite group of students from Cole f sites, and focused on the development of Valley Christian School in Meridian, Idaho. parks and museums. Gene has dedicated CELEBRATING THE 90TH ANNIVER- Christopher Barker, Maxwell Greenlee, Tim- much of her efforts to support the community SARY OF MEMORIAL BAPTIST othy Segert, Adam Tucker and Phillip Grafft of Boulder City. She serves on numerous CHURCH BAYTOWN, TEXAS will represent Idaho in the 18th annual U.S. committees including the Boulder City Mu- Department of Energy National Science Bowl seum and Historical Association where she HON. TED POE competition in Washington, DC. serves as the Founding Director and Vice OF TEXAS The National Science Bowl is an academic President, the Boulder City Community Club, IN THE HOUSE OF REPRESENTATIVES challenge involving more than 12,000 high and the Nevada State Council of Senior Citi- school students across the country. From Jan- zens President. Gene was also a champion of Thursday, May 1, 2008 uary through March, regional elimination tour- the Boulder City Hotel. Mr. POE. Madam Speaker, it is with great naments were held across the country and the Madam Speaker, I am proud to honor Gene honor that I congratulate the members of Me- group of four seniors and one junior from Cole Segerblom on this noteworthy occasion for her morial Baptist Church in Baytown, Texas as Valley Christian prevailed. The 67 winning exemplary life and important contributions to they celebrate their 90th anniversary. This is a teams have won the opportunity to compete at her community. I applaud the way in which remarkable milestone for this community the national finals in Washington, DC, May 1– she has served Boulder City and congratulate church that modestly began in 1918. 6, 2008. her on this milestone. I wish her a happy birth- During the 1900s, it was common that The mission of the National Science Bowl is day and the best of luck in her future endeav- church services took place in private homes. to encourage students to excel in science and ors. In 1918, the Alcorn Family invited John W. An- math, and to pursue careers in those fields. I

● This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Mar 15 2010 13:39 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR08\E01MY8.000 E01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7652 EXTENSIONS OF REMARKS, Vol. 154, Pt. 6 May 1, 2008 am proud to congratulate Christopher, Max- IN RECOGNITION OF MR. ANTHONY completed a deployment to Bosnia and two well, Timothy, Adam and Phillip who represent FLOWERS additional deployments to Kosovo. He was the best of our next generation of scientists, subsequently deployed to Iraq where he engineers and educators. HON. MICHAEL N. CASTLE served as a Scout Platoon Sergeant with the Air Assault Quick Reaction Force. The competition is in a fast-paced question OF DELAWARE On December 11, 2004, SFC Thompson and answer format. The students prepared IN THE HOUSE OF REPRESENTATIVES was severely wounded by an improvised ex- during their lunch break under the guidance of Thursday May 1, 2008 plosive device while participating in Coalition Coach Lola Lynch. Ms. Lynch is described by Mr. CASTLE. Madam Speaker, it is with efforts in Iraq. He was air evacuated back to the students simply as ‘‘awesome.’’ I thank her great pleasure that I rise today to recognize the United States and placed in emergency for all the dedication, support, and encourage- Mr. Anthony Flowers, who was nominated to care at the Walter Reed Medical Center in ment she has lent to the students. Though Ms. be the 2008 Delaware Boys & Girls Club Washington, DC. In the months and years that Lynch is unable to attend the competition in Youth of the Year. have followed, SFC Thompson has defied DC, the students will be diligently coached by The Boys & Girls Clubs of America and the doctor’s expectations, emerging from a coma Tim Berggren. Reader’s Digest have nationally sponsored the and enduring countless hours of grueling When asked if they will win, the students Youth of the Year program since 1947. The physical therapy. said they hope so. But even more, they hope goal of Youth of the Year has been to recog- In his long convalescence, SFC Thompson to represent God and Idaho as best as pos- nize outstanding members of the Boys & Girls continues to demonstrate the unique courage sible. Club and their contributions to their Club, com- and keen sense of duty that made him such munity, school, and family. More than 32,000 an exemplary soldier. In addition to the daily Christopher, Maxwell, Timothy, Adam, Phil- youth are served by the Boys & Girls Clubs of rigors of rehabilitation therapy, he has found lip, Coach Lynch and Coach Berggren: I wish Delaware. time to serve his fellow soldiers as a volunteer you the best of luck at the Science Bowl. Con- Twelve students were nominated for the at the Fort Knox Veteran Service Office. On gratulations on your efforts thus far, you are honor of Youth of the Year through an inten- the battlefield and off, SFC Thompson has an- fine representatives of Idaho. sive local and state level selection process, in- swered the call of his country in a profound cluding the nominees’ personal contribution to way, making deep personal sacrifices to serve f home and family, community, school and their others and preserve our freedom and way of Boys & Girls Club. The nominees had to pre- life. HONORING JUDITH A. HORN FOR pare two essays explaining why post-high It is my great privilege to recognize Ser- HER WORK WITH THE KINGS school education is important and what the geant First Class Ronnie Thompson, Jr. today PARTNERSHIP FOR CHILDREN Club means to them. Additionally, students on the floor of the U.S. House of Representa- had to prepare a 3–5 minute speech and have tives for his service to our country, support of an interview session with a panel of judges. our soldiers, and lifelong example of leader- HON. JIM COSTA The candidates attended the Youth of the ship and service. His unique achievements OF CALIFORNIA Year Summit, where they received profes- make him an outstanding American worthy of sional guidance regarding public speaking, our honor and respect. IN THE HOUSE OF REPRESENTATIVES writing, and interviewing skills. f Thursday, May 1, 2008 After winning the Local Youth of the Year award, Anthony moved onto the state level INJECTING THE IMPROVEMENT OF Mr. COSTA. Madam Speaker, I rise today to competition, where he refined his essay and EDUCATION INTO THE POLITICAL congratulate Mrs. Judith A. Horn, Director of prepared for the next round of interviews. An- DIALOGUE the ‘‘Hand in Hand’’ Family Resource Center thony was an extremely qualified candidate for for her work with the Home Garden and Lake- the Youth of the Year 2008. Anthony is a Boy HON. CHARLES B. RANGEL side communities. Today, thanks to her ef- Scout and a Keystone Club Member at the OF NEW YORK forts, these communities not only have many Clarence Fraim Boys & Girls Club. Among the IN THE HOUSE OF REPRESENTATIVES educational programs but a resonating voice candidates for the state Youth of the Year, An- Thursday, May 1, 2008 in local politics that addresses their needs. thony won the Highest GPA Award for his 3.63 GPA at Hodgson Vocational Technical Mr. RANGEL. Madam Speaker, in the inter- I have had the pleasure of working with High School. est of our national security, competitive stand- Judy Horn on a variety of projects throughout Once again, I would like to commend An- ing in the world, and criminal justice system— her time with the Family Resource Center. As thony Flowers for being nominated as the I rise today to rouse dialogue on an issue that the founding director of the center, Judy laid a Boys & Girls Club of Delaware’s Youth of the implicates all three: education. Recent num- strong foundation for the organization, focus- Year. bers report that as few as 1 out of every 2 ing on activism, youth advocacy and crime f youngsters are not earning high school diplo- prevention. Her unique ability to work well with mas in our Nation’s biggest cities. For those of a wide variety of individuals has aided the HONORING SFC RONNIE us from districts where the need is great, center immeasurably. THOMPSON, JR. these numbers are far from new, let alone The success of the Kings Partnership for startling. But even as they inspired alarm in Children, which Judy founded in 1991, is evi- HON. RON LEWIS the wake of the report’s release, they have denced by the presence of a permanent OF KENTUCKY failed to ignite a national conversation on an health clinic, a pre-school, an after-school pro- IN THE HOUSE OF REPRESENTATIVES issue that demands action, not just today, but yesterday. That alarm has already, regrettably, gram, a summer program, and a computer lab Thursday, May 1, 2008 for youth in the area. These are direct results been snuffed out. We remain, still, oddly hush- of the dedication, commitment, and invaluable Mr. LEWIS of Kentucky. Madam Speaker, I hush and complacent. rise today to pay tribute to Sergeant First Many will make an argument of the heart, drive Judy has always exhibited. Class Ronnie Thompson, Jr., a remarkable that to fail to equip these kids with the skills It goes without saying that Judy Horn per- soldier and citizen from Rineyville, Kentucky. and knowledge they need to eschew poverty sonifies a woman of great principle and integ- SFC Thompson’s recovery from a grave injury and criminality demonstrates an abominable rity. She is a role model for us all, especially sustained while serving in Iraq has made him lack of compassion. This is true. But allow me our Valley’s upcoming generation of activist a source of inspiration among his fellow sol- to also make an argument of the mind. These youth. It is with great pride that I congratulate diers and throughout the extended Fort Knox children cannot afford failure—and neither can Judy for all her work with the ‘‘Hand in Hand’’ community. we. As a nation, we drastically shrink our tal- Family Resource Center and the Kings Part- SFC Thompson joined the United States ent pool and our ability to compete on the nership for Children, and thank her for all that Army in 1991 and was assigned to the First global stage when we trade bodies in our col- she does on behalf of Kings County residents. Infantry Division. During his early tenure, he lege classrooms for bodies on the streets, in

VerDate Mar 15 2010 13:39 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR08\E01MY8.000 E01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 6 7653 jails, even underground. We give way to the funded, though a case could be made for dren: Carmen, Minita, and Robert Jr. Minerva rise in influence of China and India and saddle every one of those points. By obsolete, I taught and served as assistant principal at the next generation with a workforce unfit for mean our high schools—even when they’re Ochoa Elementary for 17 years and became working as designed—cannot teach all our competition, perennially unemployed and un- students what they need to know today.’’ principal of Zachry Elementary School in 1981. deremployed. That is an explicit and direct The Educational Testing Service, in a re- She started a flower shop, Carmin’s, from threat to our national security. port titled ‘‘America’s Perfect Storm,’’ cited the carport of her home in 1965, and the busi- A New York Times editorial—written by Bob three powerful forces that are affecting the ness grew so successful that Minerva retired Herbert, published on April 22, and titled quality of life for millions of Americans and from her teaching profession in 1986. One of ‘‘Clueless in America’’—makes the case for an already shaping the nation’s future. They her career highlights was being picked as the America that rises to this challenge, that takes are: florist for the visitation of Pope John Paul II in note of our lack of progress, and moves with 1. The wide disparity in the literacy and San Antonio, Texas, in 1988 at the San Fer- purpose and innovation towards correcting it. math skills of both the school-age and adult nando Cathedral. Minerva has admirably populations. These skills, which play such a CLUELESS IN AMERICA tremendous role in the lives of individuals served the community of Laredo, Texas, We don’t hear a great deal about education and families, vary widely across racial, eth- through her work as an educator to the youth in the presidential campaign. It’s much too nic and socioeconomic groups. of Laredo, and her contributions to the busi- serious a topic to compete with such fun 2. The ‘‘seismic changes’’ in the U.S. econ- ness community. For her dedication and hard stuff as Hillary tossing back a shot of whis- omy that have resulted from globalization, work as a business entrepreneur, Minerva will key, or Barack rolling a gutter ball. technological advances, shifts in the rela- be honored by the Junior Achievement The nation’s future may depend on how tionship of labor and capital, and other de- well we educate the current and future gen- League through her induction into the 2008 velopments. Business Hall of Fame. erations, but (like the renovation of the na- 3. Sweeping demographic changes. By 2030, tion’s infrastructure, or a serious search for the U.S. population is expected to reach 360 Madam Speaker, I am honored to have had better sources of energy) that can wait. At million. That population will be older and this time to recognize the dedication of Mrs. the moment, no one seems to have the will substantially more diverse, with immigra- Minerva Ramirez, and I thank you for this to engage any of the most serious challenges tion having a big impact on both the popu- time. facing the U.S. lation as a whole and the work force. f An American kid drops out of high school These and so many other issues of crucial every 26 seconds. That’s more than a million national importance require an educated COMMENDING THE EFFORTS OF every year, a sign of big trouble for these populace if they are to be dealt with effec- THE VILLAGE OF BETHALTO, IL- largely clueless youngsters in an era in tively. At the moment we are not even com- which a college education is crucial to main- LINOIS FOR ENVIRONMENTAL ing close to equipping the population with CONSERVATION taining a middle-class quality of life—and the intellectual tools that are needed. for the country as a whole in a world that is While we’re effectively standing in place, becoming more hotly competitive every day. other nations are catching up and passing us HON. JERRY F. COSTELLO Ignorance in the United States is not just when it comes to educational achievement. OF ILLINOIS bliss, it’s widespread. A recent survey of You have to be pretty dopey not to see the teenagers by the education advocacy group IN THE HOUSE OF REPRESENTATIVES implications of that. Common Core found that a quarter could not But, then, some of us are pretty dopey. In Thursday, May 1, 2008 identify Adolf Hitler, a third did not know the Common Core survey, nearly 20 percent that the Bill of Rights guaranteed freedom of Mr. COSTELLO. Madam Speaker, I rise of respondents did not know who the U.S. speech and religion, and fewer than half today to ask my colleagues to join me in com- fought in World War II. Eleven percent knew that the Civil War took place between thought that Dwight Eisenhower was the mending the efforts of the Village of Bethalto 1850 and 1900. president forced from office by the Water- for their service to the community and the en- ‘‘We have one of the highest dropout rates gate scandal. Another 11 percent thought it vironment by developing green spaces and in the industrialized world,’’ said Allan was Harry Truman. parks around its community. Golston, the president of U.S. programs for We’ve got work to do. the Bill and Melinda Gates Foundation. In a Recently, the Village of Bethalto christened discussion over lunch recently he described f the Culp Lake Park on the northwest portion the situation as ‘‘actually pretty scary, of the community. This newly opened public alarming.’’ TRIBUTE TO MRS. MINERVA space is an inspiration to other cities hoping to Roughly a third of all American high ‘‘MINNIE’’ RAMIREZ brighten their communities and provide their school students drop out. Another third citizens with opportunities to enjoy the out- graduate but are not prepared for the next doors. stage of life—either productive work or some HON. HENRY CUELLAR form of post-secondary education. OF TEXAS In the early 1960’s, the Village of Bethalto When two-thirds of all teenagers old IN THE HOUSE OF REPRESENTATIVES developed a 17-acre lagoon site that, after enough to graduate from high school are in- years of disregard, became connected with Thursday, May 1, 2008 capable of mastering college-level work, the the Alton Sewer Treatment Plant in 1972. nation is doing something awfully wrong. Mr. CUELLAR. Madam Speaker, I rise today While village officials sought to transform the Mr. Golston noted that the performance of to honor Mrs. Minerva ‘‘Minnie’’ Ramirez for lagoon for many years, it was not until Mayor American students, when compared with her induction as a laureate in the 2008 Laredo Steve Bryant began the final push that ulti- their peers in other countries, tends to grow increasingly dismal as they move through Business Hall of Fame, and for her incredible mately led to the gorgeous green space there the higher grades: dedication to her friends and colleagues in the today. ‘‘In math and science, for example, our business community of Laredo, Texas. In 1997, Mayor Bryant and village officials fourth graders are among the top students Minerva Ramirez was born on September established a park plan that envisioned not globally. By roughly eighth grade, they’re in 20, 1931, to a hardworking ranch family. She just a green space, but a versatile area with the middle of the pack. And by the 12th started her first job at the age of 12 sweeping recreational facilities, picnic pavilions, and grade, U.S. students are scoring generally floors at the local schoolhouse, and she began beautiful landscaping. With urban sprawl on near the bottom of all industrialized coun- her knack for floral arrangements by making the rise, Mayor Bryant and village officials de- tries.’’ Many students get a first-rate education in flower arrangements with tin cans and tissue cided it was time to turn this blighted area of the public schools, but they represent too paper in the shape of carnations which were the village into a family friendly environment. small a fraction of the whole. sold for the cemetery. Minerva graduated from In order to keep costs at a minimum, village Bill Gates, the founder of Microsoft, of- high school in 1948 in Hebbronville, Texas, officials acquired grant funding from Madison fered a brutal critique of the nation’s high and attended Texas A&I Kingsville. She County and the State of Illinois that led to the schools a few years ago, describing them as worked her way through 2 years of college by clean-up and filling in of the lagoon, the forma- ‘‘obsolete’’ and saying, ‘‘When I compare our teaching students at La Alejandrena Elemen- tion of a 4 acre fishing lake, and the ultimate high schools with what I see when I’m trav- eling abroad, I am terrified for our work tary School in Zapata County. Minerva was creation of the park. force of tomorrow.’’ transferred to San Ygnacio, where she met Not only was this effort championed by the Said Mr. Gates: ‘‘By obsolete, I don’t just her husband, Robert, and married in 1955. Village Board, residents of the village took it mean that they are broken, flawed or under- They moved to Laredo, and had three chil- upon themselves to contribute. The Bethalto

VerDate Mar 15 2010 13:39 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR08\E01MY8.000 E01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7654 EXTENSIONS OF REMARKS, Vol. 154, Pt. 6 May 1, 2008 Boys and Girls club, for example, donated and HONORING MR. MICHAEL J. QUINN prehend the editors, contributors, and distribu- planted trees at the park. tors of these two dozen or so typewritten sheets of onionskin paper. Possession, and Thanks to this type of effort, the Metro-East, HON. ROBERT E. ANDREWS OF NEW JERSEY especially distribution, of the ‘‘Chronicle’’ could located across the Mississippi River from St. result in lengthy labor camp sentences and in- IN THE HOUSE OF REPRESENTATIVES Louis, Missouri, boasts the largest percentage ternal exile. As might be expected, the list of of green spaces among the top 10 metropoli- Thursday, May 1, 2008 persons involved in producing the ‘‘Chronicle’’ tan areas in the State of Illinois. Mr. ANDREWS. Madam Speaker, I rise is a ‘‘Who’s Who’’ of former Soviet dissidents Madam Speaker, I ask my colleagues to join today to honor Michael J. Quinn, senior news and political prisoners. Despite the hardships me in commending the efforts of Mayor Steve writer for CBS News Philadelphia, who retired and dangers involved, these brave individuals Bryant and the village officials from Bethalto, on April 24, 2008. Mr. Quinn began working in managed to compile and distribute over 60 Illinois for their dedication to environmental TV news in 1961 at Channel 10, a CBS affil- issues of the publication. Besides supplying otherwise unavailable in- conservation. iate. During his tenure with Channel 10, Mr. Quinn served as a news writer, newscast pro- formation on human rights issues, the ‘‘Chron- icle’’ inspired the establishment of similar pub- f ducer, reporter and news anchor. In 1984, Mr. Quinn began working at CBS 3 Eyewitness lications devoted to specific themes and geo- graphic regions. These would include the fate RECOGNIZING ATTORNEY JOHN News, serving as a senior news writer and as of the Catholic Church in Lithuania, the abuse TUCKER a producer for the ‘‘Newsmakers’’ program. Mr. Quinn has covered many major events of psychiatry for political purposes, and the over the past decades, including numerous fate of national minorities, such as the Cri- presidential elections. In 1988, he was the as- mean Tatars, under the Soviet system. HON. TED POE Madam Speaker, I would also mention that sociate producer for coverage of the presi- through the tireless efforts of Mr. Edward OF TEXAS dential caucuses in Iowa. Mr. Quinn was the Kline, Professor Peter Reddaway, and exiled producer of the 2000 Republican National IN THE HOUSE OF REPRESENTATIVES Soviet dissidents Valery Chalidze and Pavel Convention CBS coverage in Philadelphia. Mr. Thursday, May 1, 2008 Litvinov, an English version of the ‘‘Chronicle’’ Quinn also was the producer of the inaugura- became available in the West, allowing many tion coverage of President George W. Bush in Mr. POE. Madam Speaker, today I come to non-specialists to become familiar with the de- both 2001 and 2005. recognize the many achievements of the man plorable human rights situation in the Soviet Madam Speaker, Mr. Quinn spent his long known as ‘‘the wizard of trial law,’’ John G. Union. career providing the people of Philadelphia Eventually, with former KGB head Yuri Tucker, who passed away at the age of 100 with compelling news coverage. Mr. Quinn’s in January 2008. With his signature bow tie Andropov in command in the Kremlin, the au- hard work and dedication to his chosen field thorities managed to imprison, exile, or neu- and flat top hair cut, Tucker was a fixture of has touched the lives of millions of Americans. the legal profession in Southeast Texas for tralize so many contributors to the ‘‘Chronicle’’ I commend Mr. Quinn for his commitment to that it ceased publication in 1982. However, over 75 years. broadcast journalism and wish him the best for the folly of insulating the Soviet system from Tucker’s father was an Army officer serving his retirement. the free flow of information that was encircling in Cuba as part of a peacekeeping force f the globe while trying to maintain a decent where officers were allowed to have their fami- FORTIETH ANNIVERSARY OF THE economy, let alone super-power status, was lies live with them. His wife was 8 months ‘‘CHRONICLE OF CURRENT becoming by this time obvious to the more pregnant when they found out that if born on EVENTS’’ perceptive apparatchiks in the Kremlin’s cor- Cuban soil, their son could never run for ridors of power. Three years later, Mr. Mikhail President of the United States. Knowing her HON. ALCEE L. HASTINGS Gorbachev was selected to lead the Com- son was destined for greatness, Tucker’s munist Party, and 6 years later the hammer OF FLORIDA mother set sail for New York City and eventu- and sickle banner of Soviet communism was IN THE HOUSE OF REPRESENTATIVES ally landed in Kansas City, Kansas, where replaced by the tri-color of the Russian Fed- John was born. Thursday, May 1, 2008 eration. Today, Russia and the nations that com- Though he never ascended to the highest Mr. HASTINGS of Florida. Madam Speaker, prised the Soviet Union are now independent office in the United States, Tucker was rather this week marks the 40th anniversary of the and sovereign states. However, the free flow successful in all of his endeavors. He attended initial publication of the ‘‘Chronicle of Current of information and media pluralism, though in college in Pennsylvania and went on to grad- Events,’’ the ‘‘underground newspaper of immeasurably better condition than during the uate from Harvard Law School. John moved to record,’’ if you will, of the Soviet human rights Soviet period, is still problematic. As Freedom movement in the years before the collapse of Southeast Texas in the middle of the Great House points out in its recently issued annual the Soviet Union. Depression of the 1930s, determined to take survey of press freedom throughout the world, The ‘‘Chronicle’’ was a samizdat, or ‘‘self- Russia is among several nations of the former advantage of the boom created by the oil re- published,’’ journal created to break through fineries. He joined the law firm created by Wil- Soviet bloc that have suffered setbacks in the the government’s monopoly on the flow of in- area of press freedom. There seems to be a liam Orgain in 1933. The name was changed formation and report to its readers the truth to Orgain, Bell, and Tucker in 1945 and con- rush by the government to characterize, with about human rights in the ‘‘workers’ paradise.’’ little serious justification, as ‘‘extremist’’ certain tinues to set the bar for legal excellence to Described recently by the Russian human books and articles, opposition journalists and this very day. rights organization ‘‘Memorial’’ as the ‘‘fullest newspapers have been harassed, and new John Tucker tried over 90 cases in state and most precise compilation of historical in- legislation recently introduced in the Duma and federal court and has argued cases be- formation about dissident activity and political would make it easier for the government to fore the Texas Supreme Court. He was persecutions in the USSR between 1968 and close down media outlets for allegedly pub- deemed a Southeast Texas Legend by the 1982,’’ it was distributed via underground lishing libel and slander. Beaumont Foundation of America scholarship channels to readers in the Soviet Union and to Madam Speaker, let us hope that President- board in February 2007, becoming only the foreign journalists and diplomats. In short time, elect Medvedev recognizes that if Russia is to second person at the time to earn such honor. the ‘‘Chronicle’’ gained a reputation for verac- prosper in the global community, the free flow ity and straight-forward reporting, and when of information must be a vital component of On behalf of the Second Congressional Dis- copies reached the West, the contents were the nation’s commercial, social, and political trict of Texas, I want to honor John G. Tucker broadcast back to the Soviet Union by inter- infrastructure, and that if Russian citizens wish for his lifetime of accomplishments. Through national radio stations such as Radio Liberty, to view underground publications such as the his diligent efforts and dedication he has made BBC, Deutschewelle and others. ‘‘Chronicle of Current Events,’’ they might bet- Southeast Texas a better place to live for gen- Meanwhile, the KGB expended a huge ter find them freely available in museums and erations to come. amount of effort and time to expose and ap- libraries.

VerDate Mar 15 2010 13:39 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR08\E01MY8.000 E01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 6 7655 RECOGNIZING PRUDENTIAL SPIRIT her students. Over the years she was able to Girls Club Charles serves as a tutor and men- OF COMMUNITY AWARDS WINNERS encourage and motivate countless young tor for other club members. minds. Once again, I would like to commend HON. BILL SALI Anna spent her life in California’s Central Charles Robinson-Snead for being nominated as the Boys & Girls Club of Delaware’s Youth OF IDAHO Valley, where she got both her bachelors and of the Year. IN THE HOUSE OF REPRESENTATIVES masters degrees. She also tenderly raised her three sons in the area, while maintaining a f Thursday, May 1, 2008 household which was often described as HONORING BONNIE COX Mr. SALI. Madam Speaker, I rise today to painstakingly organized. recognize three admirable teens from Idaho. Anna was the type of woman who took Danielle Manning, 15, of Meridian, and Taylor great care in everything she did. Her zest for HON. RON LEWIS Leavitt, 14 of Melba were recently named the life included an interest in greeting cards, OF KENTUCKY IN THE HOUSE OF REPRESENTATIVES top two youth volunteers in Idaho for 2008 in crossword puzzles, and current politics. It is the 13th annual Prudential Spirit of Community then to no one’s surprise that one of her sons Thursday, May 1, 2008 Awards. is a teacher, and the other two are actively in- Mr. LEWIS of Kentucky. Madam Speaker, I The Prudential awards are the country’s volved in local and state politics. rise today to pay tribute to Bonnie Cox, a re- largest program that recognizes the power of A woman described as kindhearted and markable employee and public servant at the youth volunteerism. Additionally, Katie Wil- courageous, Anna worked to advance the Department of Disability Determinations in liams of Eagle was named a finalist in the pro- causes of groups who were marginalized, op- Frankfort, Kentucky. Bonnie is retiring this gram. pressed and underserved by volunteering her month, ending her three decade career in Danielle saw a need in her community to time with many worthwhile organizations. Kentucky State government. help teen mothers. She collected more than Anna will be remembered for her formidable Bonnie began her career at the DDS in the 700 packages of diapers and raised almost spirit and splendid character. operations support branch and advanced $1,300 to stock Marian Pritchett High School It goes without saying that Mrs. Anna Sand- through numerous positions to her current ex- in Boise, a public school for teen mothers, ers was a positive influence in the area. Her ecutive secretary position in the Commis- with diapers. commitment to family and community will for- sioner’s office. She has spent the last 25 Taylor saw a need in his community too. ever live in the lives of the people she so gra- years with the Department of Disability Deter- The 8th grader worked on several volunteer ciously touched. I am honored and humbled to minations. projects such as rounding up Boy Scouts to join her family in celebrating the life of this Bonnie has been an invaluable participant in mow the lawn, pick up garbage and clean out amazing woman who will never be forgotten. many events outside the realm of her daily job the garage of a grieving family. They also f duties. She has been the chairperson for the spent time with local senior citizens and agency’s Kentucky Employees Charitable helped folks moving into the community. IN RECOGNITION OF MR. CHARLES Campaign and has worked tirelessly in this ca- Katie worked with a group of high school ROBINSON-SNEAD pacity. Having been touched by the generosity girls to collect more than $70,000, books and of KECC in her own personal life, Bonnie was school uniforms for a school in the slums of HON. MICHAEL N. CASTLE the perfect advocate for KECC at the agency Nairobi, Kenya. Katie will receive an engraved OF DELAWARE and brought a newfound inspiration into the bronze medallion as a finalist. IN THE HOUSE OF REPRESENTATIVES DDS regarding this worthy organization. In addition to her compassion, dedication, These three students deserve our apprecia- Thursday May 1, 2008 tion and gratitude. They represent the great- and good works for KECC, Bonnie also orga- ness that our youth have to offer, dem- Mr. CASTLE. Madam Speaker, it is with nizes appointments for the Red Cross blood onstrating the power each one of us has to great pleasure that I rise today to recognize drive, is instrumental in preparing information contribute to our communities and help our Mr. Charles Robinson-Snead, who was nomi- for the PRIDE, People Responsibly Influencing neighbors. And I note they did so without the nated to be the 2008 Delaware Boys & Girls Decisional Excellence awards, and organizes aid or intervention of a government agency or Club Youth of the Year. retirement receptions and other noteworthy federal program. The Boys & Girls Clubs of America and the meetings within the DDS. She has received Thank you Danielle, Taylor and Katie for Reader’s Digest have nationally sponsored the numerous awards and commendations for her your willingness to dedicate your time to wor- Youth of the Year program since 1947. The dedication and commitment to these endeav- thy causes. Your work serves as an example goal of Youth of the Year has been to recog- ors. for all of us. nize outstanding members of the Boys & Girls Bonnie has touched countless lives through her contacts with congressional inquiry claims. f Club and their contributions to their Club, com- munity, school, and family. More than 32,000 Her caring attitude and compassionate spirit A TRIBUTE TO THE LIFE OF ANNA youth are served by the Boys & Girls Clubs of have made her one of the strongest advocates M. SANDERS Delaware. for Kentucky’s disabled citizens. Twelve students were nominated for the State government will lose a ‘‘voice’’ for the HON. JIM COSTA honor of Youth of the Year through an inten- disabled and a friend to all when Bonnie re- tires. On behalf of the countless men and OF CALIFORNIA sive local and State level selection process, women who have benefited from her dedi- IN THE HOUSE OF REPRESENTATIVES including the nominees’ personal contribution to home and family, community, school and cated service, I would like to express my pro- Thursday, May 1, 2008 their Boys & Girls Club. The nominees had to found appreciation to Bonnie Cox and wish Mr. COSTA. Madam Speaker, I rise today prepare two essays explaining why post-high her a very happy and healthy retirement. along with my colleague from California, Con- school education is important and what the f gressman DENNIS CARDOZA to pay tribute to Club means to them. Additionally, students THE UNITED STATES NEEDS TO the life of Anna M. Sanders of Merced, Cali- had to prepare a 3–5-minute speech and have PROVIDE COUNTER-NARCOTICS fornia, who recently passed away at 88 years an interview session with a panel of judges. ASSISTANCE TO CARIBBEAN of age. Mrs. Sanders was an exceptional lady The candidates attended the Youth of the COUNTRIES TO ERADICATE ILLE- filled with passion, love and a voracious appe- Year Summit, where they received profes- GAL DRUG ACTIVITY tite for knowledge. She leaves behind a loving sional guidance regarding public speaking, family including three sons, three grandsons, writing, and interviewing skills. two granddaughters, and one great grand- After winning the Local Youth of the Year HON. CHARLES B. RANGEL OF NEW YORK daughter. Award, Charles moved on to the State level IN THE HOUSE OF REPRESENTATIVES A longtime Democrat, Anna spent nearly 40 competition, where he refined his essay and years of her life as a teacher with the Atwater prepared for the next round of interviews. Thursday, May 1, 2008 Elementary School District. As a zealous edu- Charles was a highly qualified candidate for Mr. RANGEL. Madam Speaker, I rise today cator, she took great pride in the successes of the Youth of the Year 2008. At Laurel Boys & to support H. Res. 865 which urges the United

VerDate Mar 15 2010 13:39 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00005 Fmt 0689 Sfmt 9920 E:\BR08\E01MY8.000 E01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7656 EXTENSIONS OF REMARKS, Vol. 154, Pt. 6 May 1, 2008 States Government to consider fully and care- that enrich education, the arts and human Since retiring from Congress in 1988, Ken fully the recommendations in the UNODC and services, and pledged nearly $95,000 in schol- has continued to work hard for the needs of World Bank Report entitled ‘‘Crime, Violence, arships for college-bound students. The schol- the people of southern Illinois. He has served and Development: Trends, Costs, and Policy arships are given to hard-working students at on several boards and projects, most notably Options in the Caribbean.’’ Laredo Community College and Texas A&M as a board member of the Rend Lake Conser- Although using Caribbean nations as major International University. Fernando has admi- vancy District. He has also worked on a num- transit points for illegal drugs is not a new rably served the community of Laredo, Texas, ber of initiatives to improve rural health care, problem, it does shed light on a longstanding through his philanthropic work at his charitable especially in Franklin County, IL. Ken is fre- issue—the U.S. policy on providing assistance trust. He has also contributed to the youth of quently a speaker at local political and chari- to the Caribbean nations in combating illegal Laredo through his Junior League Achieve- table events which benefit a number of organi- drug activity. A major contributing factor to ille- ment sponsorship of Christen Middle School. zations, such as the Poshard Foundation for gal drug activity remains the lack of resources For his dedication and hard work in making Abused Children. Caribbean nations possess to combat this the Laredo business community stronger and Madam Speaker, I ask my colleagues to join growing and menacing problem. better, Fernando will be honored by the Junior me in an expression of appreciation to the This problem will not resolve itself. Some Achievement League through his induction Honorable Kenneth Gray for his years of serv- steps the United States should take to assist into the 2008 Business Hall of Fame. ice to this body and to the people of southern the member states of CARICOM and the Do- Madam Speaker, I am honored to have had Illinois and to wish him and his family the very minican Republic include, but are not limited this time to recognize the bravery and dedica- best in the future. to: coordinating policy development and imple- tion of Mr. Fernando Salinas, and I thank you f mentation, providing counter-narcotics assist- for this time. ance, and a continuance of policy initiatives f WOMEN IN THE PETROCHEMICAL INDUSTRY—LISA VANDER LAAN that are working, such as the bilateral co- RECOGNIZING THE HONORABLE operation between the United States and the KENNETH GRAY, RETIRED U.S. Government of Jamaica. Under this initiative, CONGRESSMAN FROM ILLINOIS HON. TED POE the U.S. provides training and material support OF TEXAS to sections of Jamaican law enforcement IN THE HOUSE OF REPRESENTATIVES agencies to strengthen their counter-narcotics HON. JERRY F. COSTELLO OF ILLINOIS Thursday, May 1, 2008 capabilities. This is an excellent example that IN THE HOUSE OF REPRESENTATIVES should be modeled throughout the Caribbean. Mr. POE. Madam Speaker, today I am It is imperative for the United States to work Thursday, May 1, 2008 proud to pay tribute to Lisa Vander Laan, with CARICOM member states and the Do- Mr. COSTELLO. Madam Speaker, I rise Plant Manager of ExxonMobil’s Chemical Pol- minican Republic to establish effective pro- today to ask my colleagues to join me in rec- yethylene Plant, in Beaumont, Texas. grams to mitigate and ultimately, eradicate ille- ognizing the distinguished career of the Hon- Mrs. Vander Laan earned a bachelor’s de- gal drug activity. This will take a coordinated orable Kenneth Gray and to express apprecia- gree in chemical engineering from Louisiana and aggressive collaboration by CARICOM tion for his years of service to his country and State University, graduating summa cum laude member states, the Dominican Republic and to the residents of southern Illinois. and receiving the University Medal. She joined the United States to have an impact on drugs A native son of West Frankfort, IL, Ken is a Exxon Corporation in 1989 as a process engi- being transported through the Caribbean and man of varied interests and talents. He was neer in Baton Rouge, Louisiana, and spent into the U.S. Even though this is a very both a licensed pilot and auctioneer. From her first decade in various manufacturing as- daunting problem, working together and fully 1942 to 1954, he owned Gray Motors in West signments in engineering and supervision be- and carefully considering the recommenda- Frankfort and also operated an air service in fore becoming intermediates technical man- tions in the UNODC and World Bank report is Benton from 1948 to 1954. ager. certainly a major step in the right direction. In World War II, Ken answered his country’s Vander Laan spent the next 7 years at the f call to service at the age of 18, which took him corporation’s Houston headquarters for chemi- to North Africa and Italy as well as combat cals in marketing and business planning, as TRIBUTE TO MR. FERNANDO missions over southern France and central global basic chemicals financial manager, ‘‘CHITO’’ SALINAS Europe. Ken’s decorations for his service in americas low density polyethylene product World War II included 3 bronze stars. manager; and ExxonMobil Chemicals global HON. HENRY CUELLAR Upon returning home from the war, Ken be- manufacturing planning manager. In February OF TEXAS came involved in assisting his fellow veterans 2007, she took over at the polyethylene plant IN THE HOUSE OF REPRESENTATIVES and it was through these endeavors that he in Beaumont as plant manager. was encouraged to run for the U.S. Congress. Mrs. Vander Laan is seeing more women in Thursday, May 1, 2008 Ken won election from the 25th Congressional leadership roles in the petrochemical industry. Mr. CUELLAR. Madam Speaker, I rise today District of Illinois in 1954 as a freshman mem- When she started in engineering, there were to honor Mr. Fernando ‘‘Chito’’ Salinas for his ber of the 84th Congress and he continued to very few female supervisors and managers. induction as a laureate in the 2008 Laredo serve for a total of 10 successive terms. Be- She now believes there are significantly more Business Hall of Fame, and for his incredible cause of health concerns, Ken did not run for women in the petrochemical industry jobs like dedication to the city of Laredo, Texas. re-election in 1974 but ran again, and won, in chemical engineering. She says ExxonMobil Fernando Salinas is a 1942 graduate of 1984 and served another two terms, rep- encourages girls to get into math and science, Martin High School, and attended Tulane Uni- resenting his beloved southern Illinois in the and has an ‘‘Introduce a Girl to Engineering versity in New Orleans after transferring from U.S. House of Representatives. Day’’ in the spring. Texas A&M University in College Station, As a U.S. Congressman, Ken was a tireless Chemical Engineering seems to run in the Texas. After attending Tulane, Fernando re- advocate for the needs of the people of south- family. Vander Laan’s father is a chemical en- turned back to work at his family’s department ern Illinois and built a reputation as a member gineer as well as an older and younger sister, store, Los Dos Laredos, in downtown Laredo. who worked well with his colleagues to get the in addition, ‘‘all the girls married ExxonMobil Five years later, he worked as a salesman at job done. On a personal note, I have always guys’’. She is married to Jeffrey Dale Vander the famed Joe Brand store, and used his been grateful to Ken for what he did for me Laan and has two children, Cecilia and Abi- knowledge of men’s retail to launch his own when I was first elected to Congress. I was gail. She doesn’t know if her daughters will new department store, Don Antonio’s in 1952. elected in a special election in August 1988 to show interest in chemical engineering like she The business flourished during the 1960s, at- complete the term of Mel Price, who passed and her sisters, who love math. tracting a steady clientele from both sides of away that year. Ken resigned his position on Mrs. Vander Laan is on the board of the the United States-Mexico border. the Transportation Committee, which made a Beaumont Area United Way and a member of After his retirement from the retail business seat available for me and gave me seniority the Southeast Texas Plant Manager’s Forum, in 2005, Fernando established a charitable over other members who were first elected in for which she serves as chairman of the envi- trust that has donated $1.35 million for causes 1988 to start the 101st Congress. ronmental committee.

VerDate Mar 15 2010 13:39 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00006 Fmt 0689 Sfmt 9920 E:\BR08\E01MY8.000 E01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 6 7657 Madam Speaker, Lisa Vander Laan is a TRIBUTE OF MR. AND MRS. on nearby roadways, sponsoring an essay success story in the male dominated petro- SHASHI AND PRIYA VASWANI contest and contributing to Bedington Elemen- chemical industry, and I am proud to celebrate tary and Potomack Intermediate Schools, her accomplishments. HON. HENRY CUELLAR maintaining the ‘‘Light Ceremony’’ in Scrabble, OF TEXAS and holding fundraisers for various community f IN THE HOUSE OF REPRESENTATIVES projects. Thursday, May 1, 2008 The Bedington Ruritan Club building is lo- COMMEMORATING WORLD MA- cated on Route 11 North and once a month LARIA DAY AND THE WORK OF Mr. CUELLAR. Madam Speaker, I rise today on Saturday’s you can find the Ruritan mem- JHPIEGO to honor Mr. and Mrs. Shashi and Priya bers serving some of the best BBQ chicken in Vaswani for their induction in the 2008 Laredo Berkeley County! Business Hall of Fame, and for their incredible Madam Speaker, I rise today to congratulate HON. CHARLES B. RANGEL dedication to the youth in the City of Laredo, the members of the Bedington Ruritan Club Texas. OF NEW YORK for 50 years of civic engagement and service. Shashi came to Laredo from Canada with It is an honor to represent such a dedicated IN THE HOUSE OF REPRESENTATIVES his family in 1981 as a high school sopho- citizenry in West Virginia’s eastern panhandle. more, and married his wife, Priya, in 1987. Thursday, May 1, 2008 They lived and worked in the Carribean and f Mr. RANGEL. Madam Speaker, I rise today the Rio Grande Valley before moving back to to recognize World Malaria Day. Laredo in the early 1990s. Shashi and Priya RECOGNITION OF WEST VIRGINIA’S opened About Time, a video arcade, in the ARMY NATIONAL GUARD AS Every 30 seconds, a child dies from malaria. 1990s. In 2004, they were able to open a La BEST IN THE NATION More than 1 million people die of malaria Quinta Inn and Suites, which allowed them to every year, mostly infants, young children and use a part of their profits to fulfill their dream pregnant women and most of them in Africa. of establishing the Laredo Heat soccer fran- HON. NICK J. RAHALL II Approximately 40 percent of the world’s popu- chise. The Heat Youth association now has 28 OF WEST VIRGINIA lation, mostly those living in the world’s poor- teams playing in Laredo, and this interest in est countries, is at risk of malaria. Every year, soccer as a physical activity would not have IN THE HOUSE OF REPRESENTATIVES more than 500 million people become severely happened if not for the Vaswanis. Thursday, May 1, 2008 ill with malaria. Since the 1970s, significant in- Shashi and Priya plan to fund improvements vestments have demonstrated that malaria to Texas A&M International University’s two Mr. RAHALL. Madam Speaker, I rise today control is working, and given hope for pre- soccer fields with the goal of making the fields to recognize West Virginia’s Army National venting the 1 million deaths caused by malaria the home base for future Laredo Heat games. Guard for earning a Special Category ‘‘First each year. With the advent of new tactics, They strongly believe in the value of physical Place’’ award in the prestigious Army Commu- elimination and, ultimately, eradication of ma- activity as a complement to the full education nities of Excellence (ACOE) competition. laria may be possible. Because malaria is a of the youth in Laredo. They have learned the West Virginia scored highest among 28 massive global scourge and a medically com- value of hard work and sacrifice and have states and territories that entered this year’s plex disease, the pathway to eradication is a stressed their belief in the importance of a col- contest. The award recognizes performance long one. Achieving eradication will depend on lege degree to young soccer players. This excellence in business process improvement, carefully coordinated, balanced efforts to build couple has admirably served the community of individual and corporate innovation, and dedi- upon malaria control and elimination pro- Laredo, Texas, through their business entre- cation to providing support to soldiers and grams. Building a pathway to eradication will preneurship and their work with the youth in families. take time, but it is possible if all stakeholders Laredo. For their dedication and hard work in Our heroic men and women in uniform are collaborate today to prevent malaria deaths in making Laredo a better place for children in never far from my thoughts. They are our Na- Africa and elsewhere. Now is the time to begin exercising their physical talents, they will be tion’s consistent example of valor and cour- charting the course. honored by the Junior Achievement League age. West Virginia’s Army National Guard per- through their induction into the 2008 Business formance illustrates those qualities in the Organizations like Jhpiego, an affiliate of Hall of Fame. ACOE competition, during which they were Johns Hopkins University, reach across bor- Madam Speaker, I am honored to have had recognized for having a strong strategic plan- ders to fight a disease that has no borders. this time to recognize the dedication of Mr. ning process, communication that flowed well Jhpiego is working to combat the devastating and Mrs. Shashi and Priya Vaswani to the City throughout all levels of the organization, and a effects of malaria by bringing innovative ap- of Laredo. customer-driven focus that sought to create proaches and putting research to practice to f value and promote personal learning and so- improve the health of women and families cial responsibility. throughout the world. For example, in Nigeria, CONGRATULATING BEDINGTON This award reflects the hard work and dedi- it is preparing community volunteers in remote RURITAN CLUB’S 50TH ANNIVER- cation of the men and women not only of the areas to extend malaria services to pregnant SARY West Virginia Army National Guard, but also women who are not in contact with a formal of every family member and friend that stands healthcare system. The volunteers are trained HON. SHELLEY MOORE CAPITO behind them. It is important to remember that OF WEST VIRGINIA to educate pregnant women on the steps nec- our brave men and women have given so IN THE HOUSE OF REPRESENTATIVES essary to prevent malaria. Additionally, the much and have expected so little in return. I workers also distribute preventative medicine Thursday, May 1, 2008 am proud to take this moment to recognize and insecticide-treated bednets. Once rolled the excellence of the West Virginia Army Na- out to full scale, this community based inter- Mrs. CAPITO. Madam Speaker, I rise today to honor a civic organization in my district tional Guard in all that they do to keep us safe vention will help break down some of the bar- which will celebrate its 50th anniversary on from harm. riers to high-quality healthcare for the world’s May 6, 2008. Our Armed Forces have paid the debt for most vulnerable populations. The Bedington Ruritan Club located in the freedom we enjoy today, and I will con- Jhpiego is a leader in developing innova- Berkeley County, WV, started on April 16, tinue, as I have in the past, to do everything tions that break down the barriers and build 1958 under the guidance of the nearby Mar- I can to honor their sacrifices and service. Our more sustainable local health care systems lowe Ruritan Club. veterans, just as our soldiers today, remain globally. Jhpiego works in 12 African countries For half a century now, the Bedington foremost in the thoughts and minds of South- to support program implementation for malaria Ruritan Club has served the citizens of the ern West Virginians, and I will continue to de- in pregnancy (MIP) prevention and case man- Bedington area community. The club takes on vote my all to those who wear or have worn agement. many civic projects including picking up litter America’s uniform.

VerDate Mar 15 2010 13:39 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR08\E01MY8.000 E01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7658 EXTENSIONS OF REMARKS, Vol. 154, Pt. 6 May 1, 2008 HONORING THE LIFE OF ARMY Students demonstrate their knowledge and un- beautiful homes and golden skyscrapers has SPECIALIST JACOB J. FAIRBANKS derstanding of constitutional principles as they become home to nearly 80,000 residents. evaluate, take, and defend positions on rel- Their 26 million square feet of office space HON. BETTY McCOLLUM evant historical and contemporary issues. It is brings the city’s daytime population to more OF MINNESOTTA important to note that independent studies of than 175,000, making Southfield one of the IN THE HOUSE OF REPRESENTATIVES the We the People program indicate that leading business centers in Michigan and the alumni of this nationally acclaimed program Midwest Region. Thursday, May 1, 2008 display a greater political tolerance and com- Southfield is home to leading manufacturers Ms. MCCOLLUM of Minnesota. Madam mitment to the principles and values of the and other diverse businesses, strong edu- Speaker, I rise to remember and honor the life Constitution and Bill of Rights than do stu- cational institutions, innovative health care in- and courage of U.S. Army Specialist Jacob J. dents using traditional textbooks and ap- stitutions, strong community organizations, Fairbanks. This 22-year-old native of St. Paul, proaches. and a vibrant faith community. It also retrains Minnesota, died in Baghdad on April 9, 2008. I am pleased to support such an out- a feeling of warmth and closeness within its Specialist Fairbanks joined the Army in standing program that continues to produce an neighborhoods. 2004 after graduating from Johnson High enlightened and responsible citizenry. Madam School, where he was a member of the Junior Speaker, the names of these outstanding stu- I am pleased to have lived in Southfield dur- ROTC. His second deployment to Iraq began dents from Elkins High School are: Krystal ing a time of transformation of city leadership last October for a tour of duty as a field artil- Castillo, Andrea Cavazos, Deborah Choate, and institutions which are an increasing rep- leryman. He was assigned to B Battery, 1st Andrew Cockroft, Lucy Eiler, Jimmy Guerrero, resentative of the diversity of this wonderful Battalion, 320th Field Artillery Regiment, 2nd Josh Hanks, Lara Hogue, Nick Johnson, Tif- community. I have also been pleased to rep- Brigade Combat Team of the 101st Airborne fany Kell, Curtis Kelso, D.J. Kinneman, Matt resent the residents of Southfield since I came Division, Fort Campbell, Kentucky. Macko, Colton Mendez, Jonny Murthy, Sola to Congress. Fairbanks served his nation and his fellow Oyewuwo, Tej Pandya, Bryan Philpott, Justina As Mayor Brenda Lawrence and other elect- soldiers with honor and courage. His commit- Rodriguez, Deepa Sabu, Nick Shipman, Pia ed officials join the citizens of this exceptional ment to this noble service earned him the Siaotong, Ivette Soto, Achal Upadhyaya, city to celebrate their golden jubilee, I ask my Army Commendation Medal, the Good Con- Courtney Williams, Angela Wu, and Arif Yusuf. colleagues to join me in congratulating its resi- duct Medal, the National Defense Service I also wish to commend the teacher of the dents on its 50th year. Let this be the oppor- Medal, the Iraqi Campaign Medal, the Army class, Marilyn Ellington, who is responsible for tunity to pay tribute to the history of Southfield Service Ribbon and the Overseas Service Rib- preparing these young constitutional experts and re-commit ourselves to a prosperous and bon. He was a proud member of the Leech for the national finals. Assisting Mrs. Ellington progressive future. Lake Band of Ojibwe and will be remembered is her colleague Jan Arrington and former stu- as an outgoing man, dedicated to his family. dents Emily Lee, Kelsey Smith, and Masha f Madam Speaker, please join me in paying Sharf. Also worthy of special recognition is tribute to Specialist Fairbanks. He is a Min- Jan Miller, the State coordinator, who is HONORING THE SERVICE AND SAC- nesotan and American hero. His desire to among those responsible for implementing the RIFICE OF STAFF SERGEANT serve his nation is an inspiration to his com- We the People program in my State. I con- KEITH MATTHEW MAUPIN munity. Specialist Fairbanks’ wife Dwan, gratulate these students on their exceptional daughter Kayla, stepchildren Alexander, achievement at the We the People national Katelin, and David, his mother Janette, father finals. HON. BRAD ELLSWORTH Steve, stepfather Jeff, his many friends, and f OF INDIANA his comrades in Iraq have my deepest sym- pathies for their profound loss. TRIBUTE TO THE 50TH ANNIVER- IN THE HOUSE OF REPRESENTATIVES SARY OF THE CITY OF SOUTH- f FIELD Thursday, May 1, 2008 TRIBUTE TO ELKINS HIGH SCHOOL Mr. ELLSWORTH. Madam Speaker, it is HON. SANDER M. LEVIN with great sadness and deep respect that I HON. NICK LAMPSON OF MICHIGAN rise today to honor the life of Staff Sergeant OF TEXAS IN THE HOUSE OF REPRESENTATIVES Keith Matthew (Matt) Maupin. IN THE HOUSE OF REPRESENTATIVES Thursday, May 1, 2008 Matt Maupin’s story has gripped the hearts Thursday, May 1, 2008 Mr. LEVIN. Madam Speaker, I rise today to of thousands of Americans across the country Mr. LAMPSON. Madam Speaker, on May commemorate the City of Southfield, Michigan, since the 20-year-old Army reservist was cap- 3–5, 2008, more than 1,200 students from on the 50th anniversary of its incorporation as tured in Iraq in 2004. Together, we have across the country will visit Washington, D.C. a city. hoped and prayed for four long years that he to take part in the national finals of We the Southfield’s city leaders have coined the would be returned home safely to his family. People: The Citizen and the Constitution, the phrase ‘‘center of it all’’ to describe this di- Sadly, those prayers went unanswered. most extensive educational program in the verse community situated in the center of Matt Maupin was laid to rest in Cincinnati on country developed to educate young people metro-Detroit that has grown to the 13th larg- Sunday, having given the ultimate sacrifice in about the U.S. Constitution and Bill of Rights. est city in the State of Michigan. service to our country. But the most significant Administered by the Center for Civic Edu- The residents of Southfield are what has al- thing about Matt Maupin isn’t how he died, it’s cation, the We the People program is funded ways made this community strong and inde- how he lived. by the U.S. Department of Education by act of pendent. For example, 17 days after the area Congress. was designated as ‘‘Ossewa Township’’ on Matt is a beloved son to Keith and Carolyn I am proud to announce that a class from July 12, 1830, citizens petitioned the State to and brother to Micah, Stephen, and Lee Ann. Elkins High School will represent the State of change the name to Southfield. And in the A native son of Batavia, Ohio, he understood Texas at this prestigious national event. These 1950s, a group of Southfield Township resi- there is no higher calling than service to oth- outstanding students, through their knowledge dents formed the ‘‘Save Our Southfield’’ com- ers and bravely stepped forward to serve his of the U.S. Constitution, won their statewide mittee and lent their own money to the group’s country in the Army reserve. Matt Maupin is a competition and earned the chance to come to treasury. This group promoted the incorpora- true American hero. our Nation’s capital and compete at the na- tion of Southfield and financed the filing for in- On behalf of the people of the 8th District of tional level. corporation. Southfield became a city on April Indiana, I want to extend my deepest condo- While in Washington, the students will par- 28, 1958. lences to his family and friends who love and ticipate in a three-day academic competition Southfield has grown from a rural farming miss him today. May God bless Matt, his fam- that simulates a congressional hearing in community to a premier business and residen- ily, and all of those who continue to sacrifice which they ‘‘testify’’ before a panel of judges. tial address in Michigan. This modern city of so much for our country.

VerDate Mar 15 2010 13:39 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR08\E01MY8.000 E01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 6 7659 HONORING MAURICE PRITCHETT tions to education and the overall well-being of Thank you, Sue. God bless you. children and families in the State of Delaware. f HON. MICHAEL N. CASTLE I am confident that as he enjoys his retirement with his family, he will remain an active and in- IN TRIBUTE OF YOM HASHOAH, OF DELAWARE HOLOCAUST REMEMBRANCE DAY IN THE HOUSE OF REPRESENTATIVES fluential member of our community. f Thursday, May 1, 2008 HON. KENDRICK B. MEEK RECOGNIZING THE CONTRIBUTION Mr. CASTLE. Madam Speaker, it is with OF FLORIDA OF THE BLACK ACHIEVERS PRO- great pleasure that I rise today to recognize IN THE HOUSE OF REPRESENTATIVES Mr. Maurice Pritchett, who recently retired GRAM Thursday, May 1, 2008 after more than forty years in the Delaware public education system. Maurice’s service to HON. CHARLES B. RANGEL Mr. MEEK of Florida. Madam Speaker, I rise Delawareans will be honored at a community OF NEW YORK today to join my colleagues and my constitu- celebration this Sunday, May 4. IN THE HOUSE OF REPRESENTATIVES ents in solemn recognition of Yom Hashoah, Maurice’s ties to the Wilmington public Thursday, May 1, 2008 or Holocaust Martyrs’ and Heroes’ Remem- school system stretch back to his childhood. Mr. RANGEL. Madam Speaker, I rise today brance Day; a special day where we mourn Though he now resides in Newark, Delaware to discuss the editorial, ‘‘Black Achievers in In- the millions of Jews who perished at the with his wife Juanita, Maurice was born and dustry’’ which appeared in this week’s edition hands of the Nazis. raised on the East Side of Wilmington, where of the New York Carib News. This day has special significance for Jews, he attended public schools in the city. The editorial praised the Harlem YMCA’s the main target of Nazi atrocities. I represent At Howard High School, he proved to be an 38th National Salute to Black Achievers in In- many constituents who are Holocaust sur- outstanding basketball player and was offered dustry (BAI) Awards dinner. The Black Achiev- vivors and many more that lost friends, rel- a full scholarship to attend Delaware State ers in Industry Awards dinner serves as the atives and loved ones. We mourn their loss; University, majoring in elementary education organization’s premier fundraiser to raise the honor their memory; and unite in opposition to and continuing to excel in basketball, leading money necessary to fund countless youth pro- acts of bigotry and intolerance. the Hornets as team captain during his junior grams. The Black Achievers in Industry We in South Florida are united in outrage year. Maurice also holds a master’s degree Awards serves a vital purpose in the commu- that two synagogues in our community have from Villanova University. nity, as the cooperative has partnered with been vandalized in recent weeks. These offen- Following graduation, he taught fifth grade more than 100 corporations to provide much sive, hate-inspired acts have no place in our in Cecil County, Maryland and in Wilmington needed scholarships to New York City high society that values tolerance and diversity. We before moving on to his position as community school seniors and college students. The stand united with the congregants, friends and school coordinator of Wilmington’s Bancroft Black Achievers Program recognizes the im- supporters of The Chabad Shul in Miami Academy, a school that he himself attended. portance of education and its ability to give Beach and the Chabad of Parkland in North Over the next thirty-two years, Maurice served children a future filled with possibilities. Bonnard. These houses of worship and cen- as vice-principal and then principal of Bancroft It is my sincere hope that other corporations ters of learning will rise again with a renewed Academy. He later served as director of family across the Nation will join the Black Achievers sense of spirit and purpose of mission. and community engagement for the Christina Program in providing disadvantaged students I once again honor South Florida’s Holo- School District. from lower- and middle-income families with caust Documentation and Education Center, Maurice’s leadership at Bancroft, including the financial means required to attend a col- its founders and museum curators for their the initiation of multicultural programs and a lege or university. fine work in educating and reminding the pub- clothes closet, earned him the 1994–95 Dela- f lic about the Holocaust and remembering and ware State National Distinguished Principal honoring its victims. The Center is located in Award. His many other honors include the HONORING SUE SAWYER my Congressional District at 2031 Harrison Christina Cultural Arts Center’s lifetime Street in Hollywood, Florida. achievement award, the Dr. Al O. Plant Life- HON. TIM MAHONEY To the residents of South Florida, the stu- time Achievement Award and being named as OF FLORIDA dents enrolled in area schools, and to the mil- one of the ‘‘100 African American Men of Dis- IN THE HOUSE OF REPRESENTATIVES lions of visitors to the region, I encourage you tinction in Delaware’’ by the Afro-American Thursday, May 1, 2008 to visit the Holocaust Documentation and Edu- Historical Society. Mr. MAHONEY of Florida. Madam Speaker, cation Center to study, understand and con- Remembering the difficult times that he today I stand before you to talk about a moth- template the consequences of man’s inhu- faced while growing up inspires Maurice to er, a soldier’s mother. This week, Sue Sawyer manity to man which occurred in Europe prior continuously contribute to the community. He made the ultimate sacrifice for our United to and during World War II. is a long-time volunteer with the Boys and States of America. She lost her son to war. May the memory of the six million Jews who Girls Club of Newark. In addition, as a mem- Sue’s son, Marcus Mathes was killed in a perished in the Holocaust be blessed for all ber of the Delaware State Basketball Hall of mortar attack as he stood on duty, next to his eternity. Fame and Delaware Afro-American Sports truck, just north of Baghdad. Two fellow crew f Hall of Fame, Maurice co-sponsored a youth members were killed with him. Their death basketball league that provided extracurricular INTRODUCTION OF THE U.S. RE- was instantaneous. COMMITMENT TO INTER- activity to inner-city Wilmington elementary Marcus Mathes had just turned 25. school students. On behalf of the entire Congress of the NATIONAL HUMAN AND CIVIL Following his retirement in January of this United States, I want to thank Sue Sawyer. By RIGHTS RESOLUTION year, Maurice established the Maurice raising your son to value the ideals of the Pritchett Education Foundation in partnership United States of America, you have helped to HON. JOHN LEWIS with the Delaware Community Foundation to improve the security of our country and our fu- OF GEORGIA benefit underprivileged children in New Castle ture. IN THE HOUSE OF REPRESENTATIVES County. While his public works are certainly Sue Sawyer has given an extraordinary gift Thursday, May 1, 2008 well-known, those who gather for the celebra- to our country, for which we should be pro- tion honoring his achievements will bring with foundly grateful. She has reason to be proud Mr. LEWIS of Georgia. Madam Speaker, I them countless personal stories of Maurice’s of her son’s accomplishments and duty. rise today to introduce the attached resolution compassion, including one person for whose Today, we must remember the accomplish- that calls for the United States to ratify and im- family Maurice bought groceries when they ments of the mother who selflessly raised plement certain fundamental international con- were financially unable. His kindness and Marcus and influenced him to give. ventions. dedication have touched the lives of many. Representing our country in combat was a Today, May 1st is the 201st anniversary of I acknowledge and thank my good friend gift to all of us from Marcus Mathes and Sue the abolition of the transatlantic slave trade. Maurice Pritchett for his numerous contribu- Sawyer. On this day, we must rededicate ourselves to

VerDate Mar 15 2010 13:39 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00009 Fmt 0689 Sfmt 9920 E:\BR08\E01MY8.000 E01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7660 EXTENSIONS OF REMARKS, Vol. 154, Pt. 6 May 1, 2008 the human and civil rights movement to pro- permanent residents apply for naturalization is teaching profession for an astonishing 31 vide freedom and equality to all people. a wonderful, patriotic thing to do. The work years, 30 of which have been with the North This resolution is very simple; it is very Paul invested in Washington State’s newest Newton School Corporation. Throughout her clear; it is very basic. Our country was found- citizens is now being emulated nationwide. tenure, Sheri has always made a point of ed on the principles of civil and human rights. The participation level at Citizenship Day is bringing innovative ideas to her classroom to Many, many people—men, women, and even outstanding and it is no doubt a reflection of make sure her students remain interested and children—have sacrificed their lives for the Paul’s leadership and selfless nature. He also actively involved in their studies. Involved in freedoms we enjoy today. Countless others serves as a professor of law at Seattle Univer- many committees and programs at Lake Vil- work tirelessly to protect these rights. On this sity and his students are very fortunate to lage, including the PTO and PL221 team, historic day, it is important to reiterate our have such an advocate as a teacher. which is geared toward the improvement of commitment to combat slavery, torture, rac- While navigating the immigration system is the school, Sheri’s dedication is matched only ism, discrimination, and xenophobia in all not easy, the guidance and service Paul pro- by her constant concern for her students. forms. vides alleviates stress and anxiety for many. Tracy Kohler, from the Crown Point School It takes more than words; this effort needs His selfless work is an example for not only Corporation, has been a role model and a true action. Sixty years ago, the United Nations immigration attorneys and professors but also inspiration to her students since arriving in used our Bill of Rights as a reference in draft- for each of us. Northwest Indiana in 2004. Currently an eighth grade honors algebra and pre-algebra teacher ing the Universal Declaration of Human f Rights. Eleanor Roosevelt, wife of President at Colonel John Wheeler Middle School, Tracy Franklin Delano Roosevelt, led the United RECOGNIZING CAROLYN KULIG is well known for her creativity in the class- States delegation and the United Nations room, regularly bringing real-life situations into (U.N.) in helping to draft the Universal Dec- HON. KENNY MARCHANT her lessons. Also recognized for her skills with teaching struggling learners, Tracy was se- laration of Human Rights. OF TEXAS lected to teach a pilot program aimed at im- Since that time, we’ve seen so many IN THE HOUSE OF REPRESENTATIVES changes—a global movement towards civil proving math scores on the ISTEP exam. and human rights. In our own country, people Thursday, May 1, 2008 Tracy has also shown her unwavering commit- have sacrificed everything for key civil rights Mr. MARCHANT. Madam Speaker, I rise ment to her students through her service as legislation like the passage of the Voting today to recognize Carolyn Kulig on achieving the sponsor of the Academic Bowl Team and Rights Act, the Equal Pay Act, and the Ameri- the Girl Scout Gold Award. Receiving the Gold as a volunteer at athletic and after-school cans with Disabilities Act. Award is a testament to Miss Kulig’s leader- events. But Madam Speaker, somehow along the ship, citizenship, and service to her commu- Kathleen Krum, this year’s recipient from the way, we’ve pulled away from a global move- nity. Hanover Community School Corporation, has ment that requires constant work, constant at- For her Gold Award project, Carolyn Kulig been a teacher for an astounding 38 years. A tention, and constant action. The U.S. must decorated the library at the Easter Seals facil- fourth and fifth grade teacher at Hanover, catch up with so many of our global partners. ity in Carrollton, Texas. Miss Kulig painted Kathy has received many awards and honors throughout her lifetime of service. Involved in How can we combat genocide in Darfur, if book shelves in lively colors and added color numerous extracurricular activities and special we ourselves have not ratified the U.N. Con- to the walls. She also collected books and vid- programs with her fourth graders, Kathy has ventions that address the rights of women, eos through donations that will be given to always taught with the goal of making learning children, and forced disappearance? How can low-income families that have children being fun. With this goal in mind, one of Kathy’s we ask for our global trading partners to re- treated at the facility. Her efforts will liven the greatest sources of pride was the construction spect international labor standards, when we spirit of all that use the library at Easter Seals. of an outdoor learning lab at Lincoln Elemen- ourselves have not ratified ILO standards on The Girl Scouts of America promotes a tary School, which has helped many young the right to organize and bargain collectively, positive influence for young women of today. students gain first-hand experience with na- or forced child labor, or age discrimination? It I am honored to represent Carolyn Kulig in is important to not only speak as global lead- ture. earning the highest award bestowed in Girl Karen Semancik, this year’s recipient from er, but act as a global leader on key human Scouts. I commend her commitment and dedi- and civil rights issues. the Lake Central School Corporation, has had cation for the betterment of her life, her com- an outstanding teaching career, which has On this little piece of real estate that we call munity, and her country. Earth, we all have our duty to make this world spanned 29 years. Karen is currently a fifth f a little cleaner, a little better, and a little safer. grade social studies teacher at Clark Middle This resolution, Madam Speaker, is about CRYSTAL BELL AWARD School, where she is widely known for the common sense, and I hope all of my col- RECIPIENTS unique and interesting activities she brings to leagues will join me as cosponsors. her classroom. One example of such an activ- ity is that she provided her students with the f HON. PETER J. VISCLOSKY opportunity to contact the International Space PAUL SOREFF AND AILA OF INDIANA Station. Additionally, Karen’s peers and stu- IN THE HOUSE OF REPRESENTATIVES dents have always been impressed with her HON. DAVID G. REICHERT Thursday, May 1, 2008 patience and her ability to adapt her lessons to the individual needs of her students. OF WASHINGTON Mr. VISCLOSKY. Madam Speaker, it is my IN THE HOUSE OF REPRESENTATIVES This year’s recipient of the Crystal Bell distinct honor to commend seven exceptional Award from the School Town of Munster is Thursday, May 1, 2008 teachers from Northwest Indiana who have Nancy Smith. Nancy, of Wilbur Wright Middle Mr. REICHERT. Madam Speaker, I rise to been recognized as outstanding educators by School, has been a seventh grade language congratulate Paul Soreff on receiving the their peers for the 2007–2008 school year. arts teacher in Munster for the past 35 years. ‘‘Most Significant Work or Work Having the These individuals are: Sheri L. Doffin, Tracy The passion Nancy has for teaching and for Greatest Impact’’ award from the Washington Kohler, Kathleen R. Krum, Karen A. her students goes far beyond the classroom. State Chapter of American Immigration Law- Semancik, Nancy J. Smith, Thomas R. Through her efforts on the Broad Based Plan- yers Association, AILA. Sufana, and Vicki Weber. For their out- ning Committee, the language arts gifted and Prospective citizens have to jump through standing efforts, these honorees will be pre- talented program has made great strides, al- many hoops during their journey to becoming sented with the Crystal Bell Award at a recep- lowing these exceptional students the oppor- a citizen. I am often contacted by hard-work- tion sponsored by the Indiana State Teachers tunity to enhance their student careers. Fur- ing men and women who want nothing more Association. This prestigious event will take thermore, Nancy has been a true role model than to be an American. Their courage, tenac- place at the Andorra Restaurant and Banquets to teachers new to the classroom, allowing ity and new found patriotism is inspiring, much in Schererville, Indiana, on Wednesday, May them to learn from her vast experience and to like the help Paul provides so many of them. 7, 2008. share her passion for educating young people. As the driving force behind AILA’s Citizen- Sheri Doffin, a first grade teacher at Lake This year’s recipient of the Crystal Bell ship Day, Paul’s dedication in helping legal Village Elementary School, has been in the Award from the Tri-Creek School Corporation

VerDate Mar 15 2010 13:39 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00010 Fmt 0689 Sfmt 9920 E:\BR08\E01MY8.000 E01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 6 7661 is Thomas R. Sufana. Tom has been nurturing nearly four dollars per gallon, my local news- other example of the power of complete young minds for an astonishing 32 years and paper recently reported on the growing num- streets to save money is from Illinois. There, currently serves as the art teacher at Lowell ber of my constituents who are riding their bi- the legislature passed a complete streets law Senior High School. In addition, Tom has cycles to work because of the prohibitive price last year after the state was forced to spend served as the Assistant Drama Director for the of filling a car up with fuel. nearly a million dollars adding a foot and bike past 14 years. Throughout his illustrious ca- For these reasons, Americans around the path to a bridge where several pedestrians reer, Tom has not only received recognition as country are eager for transportation alter- and bicyclists were hit and killed by motorists. a great teacher, but his work has been seen natives. The Safe and Complete Streets Act of But the bottom line, Madam Speaker, is that in many public events, both locally and nation- 2008 is a strong step toward a future where the Safe and Complete Streets Act of 2008 is ally. Because of his love for art, Tom is re- travelers are presented with a range of trans- good policy because of what it can help us do sponsible for bringing many beautiful pieces to portation options. By requiring States and met- for our communities, not for the costs it can Northwest Indiana, many of which are proudly ropolitan planning organizations to accommo- help us avoid. Encouraging people to use all displayed in the halls of Lowell High School date the needs of all users of the transpor- the various modes of transportation available today. tation system in their planning processes, this to them will strengthen public health, reduce Vicki Weber, this year’s recipient from the legislation will broaden access to the streets congestion, improve air quality, and increase School Town of Highland, is known for her that tie our communities—and our Nation—to- the interconnectedness of our communities. It ability to challenge her students in a way few gether. will help create a national transportation net- other teachers can. Vicki, currently a third Incorporating these kinds of complete work that works for all Americans regardless grade teacher at Warren Elementary School, streets principles will help us move away from of their age, income, or preferred mode of get- also serves in many other capacities, includ- the kinds of transportation planning that ting around town. ing: Spellbowl coach, intramural volleyball causes seniors to avoid walking to the store The time has come for this Congress to coach, mentor, mentor faculty facilitator, and because of the lack of sidewalks. It will help start thinking about what we want the legacy as a member of the building school improve- usher in a day when commuters feel safe of American transportation to be. I know I ment plan steering committee. A testament to riding to work on their bicycles because the speak for many of my colleagues when I say Vicki’s ability to connect with her students, she streets now accommodate bikes. It will ease that we want this to be one where all users of has coached two Spellbowl teams that have the fears of parents across our country who our streets feel safe and accommodated. The advanced to higher level competitions. hesitate to allow their children to walk to Safe and Complete Streets Act of 2008 is a Madam Speaker, I ask you and my distin- school because of the danger posed by so first step toward creating this kind of practical, guished colleagues to join me in commending many cars driving near sidewalks. It will re- efficient, and inclusive transportation system, these outstanding educators on their receipt of duce the risk posed to disabled Americans and I am proud to introduce it here today. the 2008 Crystal Bell Award. Their years of who are forced to deal with a transportation hard work have played a major role in shaping system short on painted crosswalks and audi- f the minds and futures of Northwest Indiana’s ble walking signals. And it will encourage peo- HONORING DEBORAH MURDOCK young people, and each recipient is truly an ple to take public transit because they will no inspiration to us all. longer have to wait for the bus at a stop that f is nothing more than a pole in the ground. HON. DARLENE HOOLEY Complete streets also have a number of OF OREGON SAFE AND COMPLETE STREETS non-transportation-related benefits. In a coun- IN THE HOUSE OF REPRESENTATIVES ACT try where nearly one-third of adults are obese Thursday, May 1, 2008 and the number of overweight children has tri- HON. DORIS O. MATSUI pled since 1980, giving people options to walk Ms. HOOLEY. Madam Speaker, I rise today OF CALIFORNIA or take public transit can play a major role in to honor a long-time education advocate and IN THE HOUSE OF REPRESENTATIVES reducing these disturbing trends. In terms of friend, Deborah Murdock. As Special Assistant fighting global warming, the Intergovernmental to the President at Portland State University, Thursday, May 1, 2008 Panel on Climate Change recommends as a Debbie helped make PSU the top-tier univer- Ms. MATSUI. Madam Speaker, I rise today key climate change mitigation strategy the sity in Oregon that it currently is. We lost our to introduce the Safe and Complete Streets shifting of travel modes from driving to walk- friend Debbie on August 14, 2007, far too Act of 2008. ing, taking transit, and bicycling. There is soon. I honor her today because on Sunday, This needed legislation is based on the prin- ample room for complete streets to help bring May 4, 2008, Portland State University will ciple that our Nation’s transportation system about this needed paradigm shift in the way dedicate the Debbie Murdock Memorial Clock should be safe and accessible to all people. we travel—65 percent of trips in the United Tower on their campus. Motorists, bicyclists, transit users, pedestrians, States under one mile are now made by auto- My first day in Washington, DC, as a new the disabled, and the elderly all use our coun- mobile. In one Colorado city, local efforts to Member of Congress, Debbie was a friendly try’s transportation network each and every take transit, use bicycles, and carpool have face who knew more about working in Con- day. The Safe and Complete Streets Act of helped reduce carbon dioxide by half a million gress than I did. Her experience with Con- 2008 will ensure that the needs of all of these pounds. If one city can achieve such success gressman Les AuCoin was a great benefit for users are accommodated during the transpor- in reducing emissions by changing transpor- both of us. She knew what I needed to do to tation planning process. tation patterns, the possible emissions reduc- successfully represent my constituents and Complete streets are an essential part of tions through implementing a nationwide com- specifically a certain university in the state’s well-designed communities that are livable for plete streets policy are staggering. urban hub. children, families, the elderly, and people of all Madam Speaker, we live in a time when Debbie came to work for PSU in 1993 and ages and abilities. By providing our constitu- local governments are strapped for cash. In almost immediately set goals for the university ents with sidewalks on which to walk, well- such a fiscal climate, we should make invest- that may have seemed overly-optimistic and lighted transit stations in which to wait for the ments today that will pay out over the long unattainable. She wanted to help the univer- bus or light rail, clear lanes in which to drive, term, and that will help us avoid the need to sity provide the programs, research and stu- and bike lanes in which to ride, we can en- make costly adjustments to our current trans- dent experience that the other Oregon institu- courage them to utilize alternative modes of portation system down the line. Incorporating tions of higher learning were offering. transportation. This can make our transpor- complete streets principles today will help During her tenure, Debbie played a signifi- tation system most effective and useful. communities save precious dollars in the fu- cant role in the building and establishment of Madam Speaker, our constituents are strug- ture by eliminating the need for costly retrofits. the Native American Center, the Urban Cen- gling to deal with the skyrocketing cost of gas. I know this to be true because of the experi- ter, the engineering building and others. She As their pocketbooks are hit increasingly hard ence of my own congressional district, where also was involved in the downtown revitaliza- at the pump, many Americans are turning to the City of Sacramento is preparing to spend tion and ‘‘greening’’ of the campus. alternative methods of transportation. In my $12 million to update a bridge that was built in But Debbie’s list of accomplishments hometown of Sacramento, where gasoline is the 1930s without adequate sidewalks. An- doesn’t end with facilities and structures.

VerDate Mar 15 2010 13:39 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00011 Fmt 0689 Sfmt 9920 E:\BR08\E01MY8.000 E01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7662 EXTENSIONS OF REMARKS, Vol. 154, Pt. 6 May 1, 2008 Debbie managed to affect almost every per- school systems. Soloists and small ensembles was a reporter for the Madison County Jour- son she came into contact with by encour- from the Symphony will visit far-flung commu- nal, creator and editor of the Magnolia Report, aging their professional or academic develop- nities and, based in their community colleges, and campaign director for Judge Keith ment and personal growth. She wanted every- offer performances and classes for aspiring Starrett’s successful run for election. His per- one to be the best they could be and felt like young musicians. sonal experience as a journalist helped make she could help make that happen by being a Prior to his work with the North Carolina him a very effective communications director friend, a mentor or a resource. Community College System, Martin served as for me. I am delighted that Portland State University assistant secretary of the Army for Civil Works In addition to serving as my communications is naming the new clock tower in honor of from January 1996 until June 1997. Before director, Brian also focused on education, Debbie. The tower will be a part of PSU’s vi- that, he served as special advisor to President human rights, and religious freedom issues. In tality, energy and life for years to come, as will Bill Clinton on chemical weapons. Many Mem- 2006, Brian moved back to Mississippi to work Debbie Murdock’s memory. bers of this body will remember his 8 years of in my district office in Pearl. We have missed f distinguished service, representing his home having Brian in the DC office. town of Goldsboro and the rest of the Third Since moving back to Mississippi, Brian has EXPRESSING APPRECIATION FOR Congressional District. been extremely involved in neighborhood and H. MARTIN LANCASTER’S SERV- With the experience of being on active duty community activities. He is a loyal alumnus of ICE AND FRIENDSHIP in the Navy during the Vietnam war and con- Belhaven, living just one block from the tinuing to serve as an active Reservist until his school. Canoeing, fishing, and camping are HON. DAVID E. PRICE retirement as a Navy Captain in November among his favorite outdoor activities. He also OF NORTH CAROLINA 1993, Martin was an effective member of the enjoys listening to bluegrass, grilling with friends, and attending the Neshoba County IN THE HOUSE OF REPRESENTATIVES Armed Services Committee. During his tenure, Fair. Over the past 2 years, the district office Thursday, May 1, 2008 he fought to obtain benefits increases for dis- abled veterans and sponsored Agent Orange has come to really know Brian and will re- Mr. PRICE of North Carolina. Madam compensation measures. He also took a spe- member him as an ardent 1st amendment de- Speaker, I rise today in recognition of the cial interest in procurement and other small fender, Christian advocate, political junkie, and dedicated service of our former colleague, business issues as a member of the Small the world’s fastest eater. But most signifi- Martin Lancaster, to North Carolina and the Business Committee. cantly, he will be remembered as a dedicated Nation. Our friendship stretches across decades, in- and conscientious member of my staff, a good Martin retires today as President of the cluding our years in the House, which we listener, and a loyal friend to his fellow co- North Carolina Community College System, began together in the Class of 1986. Martin’s workers. As a tribute to Brian for his exemplary work, which he has led since 1997. The system en- commitment and leadership in his law prac- I would like to share some words from people rolls more than 800,000 students in 58 com- tice, the North Carolina General Assembly, the he has worked closely with throughout his ca- prehensive community colleges across the U.S. Congress, on many boards and commis- reer. State. Internationally recognized for the scope sions, and especially in our community col- ‘‘Brian Perry’s five year tenure in Con- and quality of its programs, the system is one leges, have improved the quality of life for of the largest in the county and North Caro- gressman Pickering’s office is noteworthy, people of all ages. We have known each other as his record of public service is marked by lina’s primary provider of workforce prepara- long enough to watch our grandchildren’s gen- a strong commitment to excellence and pro- tion and adult education. eration benefit from his talent and dedication. fessionalism. Personally, I am grateful for Martin has worked to increase State and pri- It is with the greatest respect and my deep- Brian’s willingness to serve as the spokes- vate funding for facilities, equipment, faculty est appreciation that I rise today to honor Mar- man for my 2007 re-election campaign; his vi- salaries, and instruction and to strengthen the tin Lancaster and thank him for his many in- sion, maturity, and experience were nothing short of exceptional. I commend Brian for system’s essential role in workforce and eco- valuable contributions to our State and Nation. nomic development. He led community college his outstanding career and look forward to On behalf of all who have also been fortunate his continued contributions to government participation in the successful State Higher to work with him, I wish him, his wife Alice, and politics. ‘‘—Governor Haley Barbour Education Bond Referendum of 2000, which and their two daughters, Mary Martin and Ash- ‘‘Brian Perry has served Congressman included $600 million for community college ley Elizabeth and their growing families, the Pickering and the Third District with dis- construction, repair and renovation. He has best in all of their future endeavors. tinction. He is a man of unwavering convic- tion and his integrity is above reproach. worked successfully with successive presi- f dents of the University of North Carolina sys- That’s why it is my distinct privilege to IN HONOR OF BRIAN PERRY count Brian among my closest and most tem to ensure a seamless transition for stu- trusted friends, a relationship that has de- dents between community colleges and 4-year veloped as I have worked with him profes- state institutions. HON. CHARLES W. ‘‘CHIP’’ PICKERING sionally. He’s always been willing and able In his years as president, Martin and I have OF MISSISSIPPI to meet the request of our newspapers—and then some. He has always proven to be of the collaborated on a number of projects. We’ve IN THE HOUSE OF REPRESENTATIVES worked hard on the Partnership Fellows Pro- strongest character when dealing with mem- gram to help address the serious teacher Thursday, May 1, 2008 bers of the press.’’—James E. Prince III, president, Prince Newspapers shortage by providing scholarships for individ- Mr. PICKERING. Madam Speaker, today I ‘‘Brian Perry has been one of my closest uals transitioning from associate degree pro- would like to honor a member of my staff, and most trusted friends for well over a dec- grams in education to bachelor-degree grant- Brian Perry, as he leaves to join Mississip- ade. We both met as activists in the Mis- ing institutions. He’s helped ensure that future pians for Economic Progress as executive di- sissippi Republican Party. He has served as a Federal scholarships for prospective teachers rector. Brian has served as my communica- loyal member of Congressman Chip will be available to community college stu- tions director for the past 5 years and has Pickering’s staff where he facilitated and dents. done an outstanding job handling the press in- communicated the various initiatives Con- gressman Pickering spearheaded in the in- We also continue to promote funding from quiries my office has received from the na- terest of Mississippi’s Third Congressional the National Science Foundation for the Ad- tional, State, and local level. He has served in District. While serving as Republican Chair- vanced Technological Education, ATE, pro- a composed, calm, and patient manner; which man of the Third District, and now as MRP gram to underwrite innovation and excellence is to be admired in a position so demanding. Executive Director, Brian has proven himself in curriculum development, teaching methods, Brian grew up in the Nashville, Tennessee over and over again to be a man of character and public-private partnerships. The North area and then moved to Mississippi where he whose integrity and professionalism are Carolina system and individual campuses attended Northwest Rankin High School. Once above reproach. Brian’s mark of service to compete very successfully for this support. in Mississippi, he settled there and graduated the Republican Party, Congressman Pick- ering, and Mississippi and even the nation Most recently, we have secured Department from Belhaven College in 1997 with a bach- will be long lasting.’’—Brad White, executive of Education funding for an innovative partner- elor of arts in philosophy and then obtained a director, Mississippi Republican Party ship among the North Carolina Symphony, the masters in communication from Mississippi ‘‘Brian Perry worked very hard ensuring community college system, and local public College. Before starting in my office, Brian that the needs of rural areas were addressed

VerDate Mar 15 2010 13:39 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00012 Fmt 0689 Sfmt 0634 E:\BR08\E01MY8.000 E01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 6 7663 along with the many other demands placed president has called for Israel to be ‘‘wiped off ices that sustain and improve our commu- on Congress. He took a personal interest in the map.’’ Hamas continues to launch rockets nities. the progress of Noxubee County and assisted into Israel, terrorizing innocent civilians living With the retirement population continuing to us whenever possible. Brian’s attention to grow, this issue is of increasing importance to detail and pride in his work was evident near the Gaza border. However, Israelis have whether at his desk in the Cannon Building shown tremendous courage in the face of millions of Americans and is not going to go or during a much-deserved weekend break to these hostilities. Despite the constant threat of away. I have been contacted by thousands, fish the Shenandoah River. Brian Perry’s annihilation, Israelis have made the desert representing every segment of our community, presence on the Hill will be greatly missed bloom. They have created a flourishing culture and I am continually saddened and angered by many Mississippians.’’—Brian Wilson, ex- and society. Israel has also developed a thriv- by the stories that I hear. Those who are af- ecutive director, Noxubee Economic and ing economy and is the world’s leader in the fected by the GPO and WEP are hardworking Community Development Alliance development of many cutting edge industries. Americans that do not deserve to be denied ‘‘It has truly been a pleasure to get to the benefits of a Social Security system that know Brian Perry during his tenure with Israeli technology has even been used to help Chip. He and I have developed a special keep our troops safe in battle in the wars in they have already contributed to. friendship. I appreciate his intellect and Iraq and Afghanistan. A widow relayed the story of how she and character. He is an excellent writer and con- Madam Speaker, I join my colleagues in her husband planned their retirement believing scientious in his work. His public service has congratulating the State of Israel on its 60th that each would be able to take care of their made a difference to our nation, our great anniversary, and express my sincere hope bills should one of them pass. She was state, and to Chip and our family. I will al- that the next 60 years come with peace and stunned to find out when she became wid- ways be grateful.’’—Judge Charles W. Pick- security for our close friend and ally. owed that she would not be allowed to collect ering, Sr. f her husband’s full survivor benefits because Madam Speaker, Brian has provided wise she collects a small pension from her job as counsel, effective communication and a pas- CALLING ON CONGRESS TO RE- an elementary school teacher in Marshfield. sion for service to Mississippi. He served with PEAL THE GOVERNMENT PEN- Sadly, she was forced to sell the home where poise throughout the aftermath of Katrina and SION OFFSET AND WINDFALL she had raised her family because she could in congressional and confirmation battles. I ELIMINATION PROVISION no longer afford it. treasure his faith, reason and friendship. He A single mother of three on Cape Cod with has my deep respect and appreciation for all HON. WILLIAM D. DELAHUNT two full-time jobs as a nurse and teacher the contributions he has made and the work OF MASSACHUSETTS wrote me of her dilemma. She has made he has done. I wish him the very best and IN THE HOUSE OF REPRESENTATIVES many sacrifices to independently support her know he has a bright future communicating Thursday, May 1, 2008 children. She consistently paid into her teach- and fighting for good causes. er’s retirement fund and Social Security for f Mr. DELAHUNT. Madam Speaker, I rise decades hoping to be able to eventually retire today to speak about an extremely important without worry in her later years. She recently CONGRATULATING ISRAEL ON ITS issue facing many retirees in Massachusetts. found out she will not be allowed to collect 60TH ANNIVERSARY OF INDE- Throughout my career in the Congress, I have both of the full retirement benefits she earned PENDENCE heard from thousands of my constituents who and was counting on. have been penalized by the Government Pen- I have heard from a 63-year-old widow who HON. JOHN M. McHUGH sion Offset (GPO) and Windfall Elimination works for the City of Quincy. She would like to OF NEW YORK Provision (WEP). retire before her 70th birthday but cannot af- IN THE HOUSE OF REPRESENTATIVES Both of these laws currently require that a ford to do so. Because of her participation in modified formula be used to calculate the Thursday, May 1, 2008 the City retirement program, her Social Secu- amount of Social Security benefits a retired or rity benefits will be immediately and drastically Mr. MCHUGH. Madam Speaker, I rise today disabled worker and/or the worker’s family will reduced. to congratulate and commend the State of receive if the worker also receives a pension A municipal retiree in Plymouth wrote me Israel on the 60th anniversary of its independ- from local, State or Federal employment not about his concerns with the rising price of gas ence. On May 14, 1948, Israel declared its covered by Social Security. This has resulted and medical expenses. He supports a repeal independence. Within 11 minutes, the United in some unintended and unfair consequences. of the GPO and WEP so that he may supple- States became the first nation to give de facto Millions of public service workers in 15 ment his already meager retirement income recognition to the State of Israel. America’s States are allowed to opt out of the Social Se- with his Social Security benefits. friendship with Israel continues to this day. curity system and my home State of Massa- I have heard from police officers and fire- Having visited Israel several times, I know well chusetts is one of them. Most of these work- fighters from all over my district who put their that Israelis and Americans share the common ers are teachers, town and State employees, lives on the line each and every day. These values of peace, freedom and democracy. nurses, police officers and firefighters who are brave men and women will not be allowed to The modem state of Israel is a safe haven not required or allowed to pay into the Social collect their full Social Security benefits upon for Jews from all corners of the world. Since Security program. Therefore, they do not col- retirement. its founding, Israel has been a home to Holo- lect Social Security benefits upon retirement. These stories are very real, and are just a caust survivors and their descendants, as well However, the GPO and WEP also prevent small sample of the thousands of letters that as Jews fleeing oppression. While strides public servants from receiving Social Security I have received on this issue. have been made to combat global anti-Semi- benefits that they earned through other, non- This is not just about senior citizens who tism, I am disappointed that recent reports in- public service employment. Under these provi- worked all their lives believing they were re- dicate a rise in anti-Semitism worldwide. sions, a widow or widower is denied a spousal sponsibly planning ahead for retirement. This A strong and secure Israel is vital to Amer- benefit because their husband or wife was a is not just about retirees finding themselves ica’s national interest. Israelis know all too well public service employee. This is unfair and un- unable to make ends meet, concerned that the terror of indiscriminate homicide attacks by acceptable. they may not be able to afford to heat their radical terrorists. The enemies of Israel have Every year those who unselfishly give of homes this winter or buy the medications they also targeted their attacks against Americans. themselves by serving others in their commu- need. The terrorist group Hamas is responsible for nities, find their retirement savings slashed by It’s about retired and widowed public serv- the deaths of at least 26 Americans, including the GPO and WEP, simply because they left ants, who are denied access to their deceased teenagers and young children. In 1983 the private sector to serve the public. In Mas- spouse’s Social Security benefits because Hezbollah bombed the U.S. embassy in Bei- sachusetts alone, nearly 18,700 retirees are they chose public service as a career. rut. Hezbollah was also involved in the bomb- affected by the GPO, with more than a third of It’s about penalizing honest, hard-working ing of the United States Marine barracks, in an them being widows or widowers. As many as people who dedicated their careers to public attack that claimed the lives of 241 American 32,000 individuals are affected by the WEP. service. At a time when our Nation is search- servicemen. These groups operate with sup- These provisions are unfairly penalizing the ing for talented and dedicated teachers, port and funding from Iran, a country whose men and women who contribute the vital serv- nurses and other public servants—this penalty

VerDate Mar 15 2010 13:39 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00013 Fmt 0689 Sfmt 9920 E:\BR08\E01MY8.000 E01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7664 EXTENSIONS OF REMARKS, Vol. 154, Pt. 6 May 1, 2008 discourages the best and the brightest from the Nation honored with the Prudential Spirit Award will be presented posthumously to serving in our community. Madam Speaker, of Community Award. Thomas J. Cooper, Sr. the time is long overdue for Congress to re- Gabrielle has turned a difficult personal Mr. Cooper made substantial contributions solve this issue. story into a story of healing and hope for chil- to several community organizations throughout I want to urge my colleagues to join me in dren facing a life with cancer. When she was our region. He was very active with the Boy supporting H.R. 82, the Social Security Fair- only 4 years old, doctors removed a malignant Scouts of America, serving as a Cubmaster ness Act which would repeal both the GPO tumor from Gabrielle’s abdomen. Now, with and Den Leader for Hopewell Pack 8 for a and WEP. In addition, I’d like to urge you to that successful surgery not long behind her, number of years. He also served as the support H.R. 2772, the Public Servant Retire- Gabrielle has committed to helping others who Scoutmaster for Hopewell Troop 8, as well as ment Protection Act, which would eliminate the find themselves in similar situations. a Vigil Member of the Order of the Arrow. WEP and establish a more equitable formula In addition to raising $5,000 for cancer re- Tom was also very active with the for calculating Social Security benefits. search selling luminaries and to drawing public Downingtown High School Band Parents orga- Support for these two pieces of legislation attention to Buffalo’s Relay for Life, Gabrielle nization, making numerous trips hauling the has grown significantly each year and it is im- has written a book to help children cope with band instruments to local venues and even perative that they see long-awaited debate in cancer, ‘‘The ABCs of Childhood Cancer.’’ Her Florida for band appearances. He also worked committee and on the floor of Congress. book relates to children as only a young one the concession stand at the Downingtown f can and relates to cancer patients as only one High School stadium for numerous athletic who has walked in their shoes can. But, in so events and band competitions, all part of his RECOGNIZING THE CONTRIBU- many ways, her book demonstrates a young committed efforts to support our local youth. TIONS OF CONGRESSWOMAN lady of startling maturity, grace, and poise. No task was too big or too small for Tom. MAXINE WATERS TO SOUTH AF- The Prudential Spirit of Community Awards As long as he knew it would benefit area RICA were started in 1995 as a partnership between youth, he was there to help. Prudential Financial and the National Associa- All of Tom’s work and accomplishments will HON. CHARLES B. RANGEL tion of Secondary School Principals (NASSP). be acknowledged this weekend at the OF NEW YORK It is the Nation’s largest youth recognition pro- Downingtown Area Chamber of Commerce IN THE HOUSE OF REPRESENTATIVES gram based solely on volunteerism. Two high Annual Dinner on May 2, 2008, at Whitford school and middle school students from each Country Club. His wife, Winifred, will accept Thursday, May 1, 2008 state and the District of Columbia are honored the Citizen of the Year Award on his behalf Mr. RANGEL. Madam Speaker, I rise today each year, with an additional 234 distin- and area leaders and residents will pay tribute to congratulate Congresswoman MAXINE WA- guished finalists also receiving recognition for to the life and work of a selfless man. TERS on receiving the Order of the Compan- their public service. Madam Speaker, I ask that my colleagues ions of OR Tambo Silver Award. This year, in addition to Gabrielle, Shanna join me today in praising the work of Thomas Since 1980, Congresswoman WATERS has Decker, a senior at Plainview-Elgin-Millville J. Cooper, Sr., and all those who give of worked tirelessly to improve the situation of High School, will represent the great state of themselves to help others. The Citizen of the the South African people. During the long Minnesota as recipients of the award for 2008. Year Award is an acknowledgment of the full reign of the apartheid regime, Representative Shanna has also had a personal experience and vibrant life that Tom led, and whose work WATERS organized marches, participated in with cancer as a young child and has also is still remembered and paving the future for rallies and welcomed countless antiapartheid turned her difficult life lesson into a powerful tomorrow’s generation. leaders to the United States. Spearheading example of hope and courage for other young f the national divestment movement, Congress- people in this situation, spending more than woman WATERS persuaded countless Amer- 300 hours a year visiting young cancer pa- RECOGNIZING THE HOMES FOR ican corporations to withhold investing money tients in the hospital. OUR TROOPS ORGANIZATION in South Africa until apartheid ceased to exist. An additional six outstanding Minnesota AND PULTE HOMES When South Africa held its first free elections teens will be honored as Distinguished Final- 1994, Representative WATERS was asked to ists: Daniel Chahla of St. Paul, Carly HON. THOMAS G. TANCREDO be a member of the official U.S. delegation Fischbeck of Inver Grove Heights, Joshua OF COLORADO that attended the inauguration of the country’s Hiben of Bloomington, Carissa Loehr of IN THE HOUSE OF REPRESENTATIVES first black president, Nelson Mandela. Clearly, Eagan, Laura Maciosek of Minneapolis, and Thursday, May 1, 2008 Congresswoman MAXINE WATERS played a Aisha Moghul of Fridley. It is a true privilege vital role in ending apartheid. to join Prudential, the NASSP, and their com- Mr. TANCREDO. Madam Speaker, I rise In my opinion, there is no one more deserv- munities in honoring these outstanding exam- today to pay tribute to a program that has pro- ing of one of South Africa’s most prestigious ples of compassion and service. With all the vided an invaluable service to our nation’s awards. Congresswoman MAXINE WATERS de- regrettable news stories about the wayward wounded veterans. The Homes For Our voted her career to ensuring that all people no path of today’s youth, these young men and Troops organization is a non-partisan, non- matter their origin, race or culture, have the women renew our faith and refresh our hope. profit 501(c)(3) group that provides specially chance to experience freedom. f built homes to veterans who have received f debilitating injuries while fighting for our con- HONORING THE ACCOMPLISH- tinued freedom in the ongoing military conflicts IN HONOR OF GABRIELLE THOMP- MENTS OF MR. THOMAS J. COO- in Iraq and Afghanistan. These homes are SON OF BUFFALO, MINNESOTA: PER, SR. provided at no cost to the family receiving as- RECIPIENT OF THE PRUDENTIAL sistance. John Gonsalves founded this won- SPIRIT OF COMMUNITY AWARD HON. JIM GERLACH derful organization with the aim of providing a OF PENNSYLVANIA service for our soldiers which was much need- HON. MICHELE BACHMANN IN THE HOUSE OF REPRESENTATIVES ed and even more appreciated. He has dedi- cated his time to this noble endeavor and his OF MINNESOTA Thursday, May 1, 2008 IN THE HOUSE OF REPRESENTATIVES organization has proven to be of the highest Mr. GERLACH. Madam Speaker, I rise standard of excellence. Homes For Our Thursday, May 1, 2008 today to pay tribute to a dedicated community Troops has been awarded the Independent Mrs. BACHMANN. Madam Speaker, I rise volunteer from Chester County, Pennsylvania, Charities Seal of Excellence. This award, be- today to commend seventh grader Gabrielle who recently passed away, but whose service stowed upon members of the Local Inde- Thompson of Buffalo Community Middle is still lauded and remembered. pendent Charities of America and the Inde- School for her extraordinary commitment to Each year, the Downingtown Area Chamber pendent Charities of America is recognition of her community and her compassion for young of Commerce recognizes an individual who the highest level for charity work. Fewer than cancer patients. This week, Gabrielle will be has made an outstanding contribution to the 5 percent of all eligible charities are honored one of only 102 state honorees from across community. This year, the Citizen of the Year with this award.

VerDate Mar 15 2010 13:39 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00014 Fmt 0689 Sfmt 9920 E:\BR08\E01MY8.000 E01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 6 7665 Providing these homes for our injured serv- pand a traditional science fair into a five- As an advocate for small business and en- ice men and women is a team effort. Recently, month inquiry-based project involving 98% of trepreneurship Edie says, ‘‘SCORE is a cor- ground was broken on a home for Army Staff the students in the activities of a practicing nerstone of what is the best of this country. Sergeant Matthew Keil and his wife Tracy, of scientist—problem identification, hypotheses Small business is the most significant part of Parker Colorado. Numerous organizations generation, experimental design, experimen- our economy across this nation.’’ Fraser be- have teamed up with Homes For Our Troops tation, writing and presenting conclusions. Her lieves, ‘‘SCORE is the premiere source of free and provided their expertise, materials and inclusion of cross-curricular skills is indeed counseling and advice, and a source of loan time to make this home a reality. Pulte commendable. Through her encouragement information for America’s aspiring entre- Homes, under the guidance of Mike students have performed exceptionally in the preneurs.’’ Meneguzzi has designed the Keil’s future Silicon Valley science fair competition and Edie’s extensive background in support of home. Their organization has graciously do- gone on to attain awards at the State level diversity and women spans four decades, and nated over $31,000 to the building effort and competitions. According to Mrs. O’Connor ‘‘It she is the founder of Diversity Best Practices one of their employees, Bret Hribar, will be op- is also my goal to produce a population of ca- and Business Women’s Network. She is a erating as the general contractor. Pulte has pable problem solvers,’’ a goal I share, one counselor and champion focusing on business further demonstrated their dedication to worthy that is crucial to ensuring our Nation’s results. She is an advocate for diverse leader- projects such as this by providing their em- competiveness in the 21st century global ship executive talent. Edie has worked to sup- ployees 2 paid days of leave annually to par- economy. port more than 200 corporate organizations, ticipate in charitable projects. Mrs. O’Connor represents the spirit of inno- and she has worked with more than 100 With the help of other local businesses, vation that is the core of my District, the Sil- CEOs in support of diversity practices. Talent Homes For Our Troops and Pulte Homes icon Valley and the State of California, and recruitment and retention are her number one have performed a great service for a great she is dedicated to inspiring and engaging stu- issue. American hero. Their continued dedication to dents in science through inquiry. I congratulate ‘‘To say thanks to SCORE is easy. We the welfare of our returning veterans is a great her and her colleagues and students for this know SCORE to be perhaps the most impor- example of patriotism which we should all distinguished achievement. tant program that the government has created strive to achieve. f with millions of donated hours of counseling in f communities across America,’’ says Edie Fra- STATEMENT IN RECOGNITION OF ser. CONGRATULATING MRS. DAWN EDIE FRASER On a personal note, Edie has been a dy- O’CONNOR RECIPIENT OF THE namic and energetic force for women in busi- 2008 PRESIDENTIAL AWARD FOR HON. CAROLYN B. MALONEY ness and diversity nationwide. A resident of EXCELLENCE IN SCIENCE TEACH- OF NEW YORK Washington, D.C., Edie is active in many wor- ING IN THE HOUSE OF REPRESENTATIVES thy causes. She currently serves on the Board of Directors of SCORE and Advisory Board of HON. MICHAEL M. HONDA Thursday, May 1, 2008 Mrs. MALONEY of New York. Madam the U.S. Center for Citizen Diplomacy. She re- OF CALIFORNIA ceived the Big Brothers Public Service Award IN THE HOUSE OF REPRESENTATIVES Speaker, I rise to honor the work of one of the leaders of diversity, entrepreneurship, women and was the recipient of the Big Brothers Most Thursday, May 1, 2008 in business and mentoring, Edie Fraser, who Outstanding Service Award for outstanding Mr. HONDA. Madam Speaker, as a former was honored on April 24 with the Lou service to youth. Edie received the United teacher, school principal, and school board Campanelli Award for volunteerism and lead- States Peace Corps award and Peace Corps member I am proud to rise today to congratu- ership. Princess with others from State Department late Mrs. Dawn O’Connor for receiving the The award, presented by SCORE ‘‘Coun- and AID. Her commitment to mentoring and 2008 Presidential Award for Excellence in selors to America’s Small Business,’’ honors community service is an inspiration to all of us Science Teaching. Since 1983, the Presi- Edie Fraser for her volunteerism, philanthropic striving for equality and the opportunity to dential Awards for Excellence in Mathematics contributions and dedication to entrepreneur- achieve the American dream. and Science Teaching have honored out- ship and SCORE. f standing kindergarten through 12th grade The Lou Campanelli Award annually recog- THE DAILY 45: A SUBURBAN mathematics or science teachers for their con- nizes outstanding individual volunteerism, YOUTH SNAPS tributions in the classroom and to their profes- leadership, vision and philanthropy in support sion. On behalf of the people of California’s of small business, entrepreneurship and HON. BOBBY L. RUSH 15th District, I am honored to recognize one of SCORE. Edie received the award at SCORE’s OF ILLINOIS Afternoon of Vision 2008 in Washington, D.C., our own as a recipient of the Presidential IN THE HOUSE OF REPRESENTATIVES Award, the highest recognition that a teacher on April 24. SCORE CEO Ken Yancey and can receive—Mrs. O’Connor teaches Seventh Lou Campanelli presented Edie with the Thursday May 1, 2008 Grade Biology at Ascencion Solorsano Middle award. Mr. RUSH. Madam Speaker, the Depart- School in the Gilroy Unified School District. Edie Fraser has won more than 35 major di- ment of Justice tells us that, everyday, 45 Ascencion Solorsano’s students are fortu- versity awards. SCORE is in her blood as her people, on average, are fatally shot in the nate to have Mrs. O’Connor serve as chair of dad, Les Fraser, was a SCORE volunteer and United States. And while needless gun-related the Science Department, coach of the Cross leader for 33 years in Atlanta. Edie has deaths continue to take place at a savage Country team, and advisor of the school’s worked with SCORE over the years, now serv- pace on Chicago’s streets, including my dis- MESA program. After graduating from Cali- ing on the SCORE Board of Directors. trict, we’re not the only community in crisis. fornia State University, Humboldt with a B.S. She was named in 2007 as one of the Top The 45 people who die somewhere in Amer- in Biology Mrs. O’Connor completed her mul- 50 Pioneers in Diversity by Profiles in Diversity ica come in all shapes, sizes, colors and zip tiple subjects credential program at my alma Journal and top 46 of America’s Top Diversity codes. In February of this year, in suburban mater, San Jose State University. Advocates by DiversityBusiness.com, along Cockeysville, Maryland, 16-year-old Nicholas Mrs. O’Connor received the 2007 Horace with Oprah Winfrey, Presidents Jimmy Carter Browning confessed to taking his father’s 9 Lucich Award for Outstanding Teachers by the and Bill Clinton, and many other senior diver- mm Smith and Wesson and walking through Synopsys science fair and the California State sity leaders. Her other awards include: The his home and taking the lives of both his par- Science Fair Teacher of the Year Award. She Enterprising Women Hall of Fame; the ents and his two younger brothers. According was a Summer Institute Fellow at Stanford eWomen Network International Femtor Award to his attorney, young Nicholas, an avid Sun- University’s Center for Probing the Nanopar- for Lifetime Achievement; the Count-Me-In day school student, apparently snapped for ticle and also participated in the Summer Leader Entrepreneurial Award; and the Euro- reasons unknown. One can only imagine what Leadership Institute hosted by the National American Women’s Council Artemis Award, might have been if whatever demons he was Science Education Leadership Association. presented by Athens and the sacred island of confronting did not lead him to grab a gun. During Mrs. O’Connor’s tenure year at Delos. She also received the First Global Americans of conscience must come to- Ascencion Solorsano she has helped to ex- ATHENA Award in Athens, Greece. gether to stop the senseless death of ‘‘The

VerDate Mar 15 2010 13:39 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00015 Fmt 0689 Sfmt 9920 E:\BR08\E01MY8.000 E01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD 7666 EXTENSIONS OF REMARKS, Vol. 154, Pt. 6 May 1, 2008 Daily 45.’’ When will Americans say ‘‘enough profit community mental health center in Nas- HONORING SPIRIT OF COMMUNITY is enough, stop the killing!’’ sau County, New York. VOLUNTEERS CONNOR f Mr. Ruben has received many awards and DANTZLER AND CHRISTOPHER ANDERSON HONORING DR. LASLEY FOR 45 has served in many capacities, always striving YEARS OF SERVICE AT BUFFALO to strengthen and enhance the lives of individ- RIDGE BAPTIST CHURCH uals of all ages, to strengthen family life and to contribute to the social-psychological well- HON. ROSCOE G. BARTLETT being of the community. He has served as OF MARYLAND HON. DAVID DAVIS past president of the Council of Family Service OF TENNESSEE Agencies in New York State. He is the recipi- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES ent of the Joseph M. Sokol Memorial Award Thursday, May 1, 2008 Thursday May 1, 2008 from the Five Towns Community Chest; the recipient of the Distinguished Service Award Mr. DAVID DAVIS of Tennessee. Madam Mr. BARTLETT of Maryland. Madam Speak- from the New York Public Health Association, Speaker, I rise today to honor Dr. Lasley for er, I would like to congratulate and honor two Long Island Region; and the Henry Brill Pro- his 45 years of service at Buffalo Ridge Bap- young students from my district who have fessional Award from the Nassau County De- tist Church. Tennessee has been called the achieved national recognition for exemplary partment of Mental Health for ‘‘outstanding ‘‘Volunteer’’ state by the great efforts of our volunteer community service by the 2008 Pru- achievements and leadership with the Mental citizens during The War of 1812. Since The Health community of Nassau County.’’ In addi- dential Spirit of Community Awards program, War of 1812 people like Dr. Lasley continue to tion, he was presented with a Lifetime an annual honor conferred on the most im- show pride, dedication and service through Achievement Award by the New York State pressive student volunteers in each state and volunteer efforts. Office of Mental Health. the District of Columbia. Dr. Lasley’s wife Ellen, daughter Laurie, and sons Torrey and Calvin all embody the same Mr. Ruben has been a columnist with the Connor Dantzler of Damascus has just been giving and service oriented characteristics South Shore Record where his articles ‘‘Within named one of the top honorees in Maryland. their father has bestowed upon them. the Family’’ have appeared in the paper for An eighth-grader at John T. Baker Middle Since Dr. Lasley began his tenure in 1963, more than 30 years. School, Connor is being recognized for his he grew the church from an average of 135 Again, I wish to congratulate Herb Ruben ‘‘Health through Humor’’ program. He has dis- people per Sunday to over 766 per Sunday and thank him for the leadership and direction tributed over 5,000 joke books to patients, today. This is a true accomplishment and he has brought to Peninsula Counseling Cen- their families and caregivers at hospitals and highlights his devotion to Buffalo Ridge Baptist ter, as its executive director. For 50 years, he care centers throughout Maryland. In addition Church and the parishioners who call that has helped to make it the outstanding organi- to delivering books to participating hospitals church home. What’s even more is that Dr. zation that it is. and health care centers, Connor spends time Lasley helped spur a new donations program with patients and their loved ones. ‘‘I’ve that has grown to receive about 1.7 million in f total offerings in the year of 2007. shared a smile and positive moment with a lot Dr. Lasley and Buffalo Ridge Baptist Church TRIBUTE TO DAVID PLOTINSKY of people,’’ said Connor. ‘‘I hope that these ef- have continually shown their dedication to the forts have made a difference to those who community by leading its followers in five really needed something to laugh about.’’ I am building construction programs. He has also HON. SILVESTRE REYES sure they did. emphasized missions and has even built a OF TEXAS Christopher Anderson, a sophomore at mission program that supports over 100 mis- IN THE HOUSE OF REPRESENTATIVES Westminster High was named a finalist and sionaries and mission agencies throughout the will receive a bronze medal. I heartily applaud world. Thursday, May 1, 2008 Dr. Lasley’s strong commitment to God is Christopher for his initiative in seeking to evident in the numerous hours devoted to Mr. REYES. Madam Speaker, I rise today to make his community a better place to live by studying His Word, preaching it, and encour- recognize Mr. David Plotinsky who recently left renovating an outdoor break area for the As- aging others to become involved. Dr. Lasley the House of Representatives to take a posi- sociation for Retarded Citizens of Carroll has been a strong advocate for faith and has tion with the Department of Justice. County to make it accessible to disabled resi- encouraged his church to live the same way Mr. Plotinsky served in the Office of the dents. Inspired by his uncle who has Down leading by example. General Counsel for 10 years, first as a law syndrome, he recruited more than 40 volun- Since Dr. Lasley took over Buffalo Ridge clerk while he was a student at Georgetown teers and raised $3,000 for the project. Chris- Baptist Church in 1963, he has been a true Law School and, since 2000, as an Assistant topher and his volunteers removed old rock, friend, asset, and noble man to Tennessee’s Counsel. built special picnic tables, replaced wooden First District. I ask that my colleagues join me Mr. Plotinsky provided frequent and invalu- sidewalks and planted trees and shrubs in today honoring Dr. Lasley for his great devo- able legal advice and representation to the tion, dedication, and service to Buffalo Ridge order to make the area handicapped-acces- House Permanent Select Committee on Intel- sible. It will continue to have a positive impact Baptist Church and Tennessee’s First District. ligence. Our staff came to rely on his expertise on the lives of others for years to come. f and guidance in connection with many of their Young volunteers like Connor and Chris- HONORING MR. HERB RUBEN investigative and oversight activities, as well as in the Committee’s interactions with the topher are inspiring examples to all of us, and HON. CAROLYN McCARTHY other branches of the federal government. are among our brightest hopes for a better to- Over the years, Mr. Plotinsky played a sig- morrow. The dedication and commitment by OF NEW YORK nificant role in safeguarding the legal and insti- Connor Dantzler to sick hospital patients and IN THE HOUSE OF REPRESENTATIVES tutional interests of the House of Representa- Christopher Anderson to disabled individuals Thursday, May 1, 2008 tives, and he served the House with great dis- should fill all of us with pride that America’s Mrs. MCCARTHY of New York. Madam tinction. I know that he will serve the Depart- community spirit is strong. On behalf of the Speaker, I rise to congratulate Herb Ruben, ment of Justice with that same level of distinc- residents of Maryland’s Sixth District I am hon- who is being honored by Peninsula Coun- tion. ored to publicly thank and congratulate Con- seling Center at its 95th anniversary celebra- On behalf of the House Permanent Select nor and Christopher for their volunteer efforts. tion on May 13, 2008. Herb Ruben has served Committee on Intelligence, I thank him for his You give us hope and confidence that Amer- with extraordinary devotion and dedication for many years of devoted service, and extend to ica’s future will be led by a new generation of the past 50 years as executive director of Pe- him our very best wishes for his continued inspiring and compassionate leaders. ninsula Counseling Center, the largest non- success.

VerDate Mar 15 2010 13:39 Nov 08, 2010 Jkt 069102 PO 00000 Frm 00016 Fmt 0689 Sfmt 9920 E:\BR08\E01MY8.000 E01MY8 erowe on DSK5CLS3C1PROD with BOUND RECORD May 1, 2008 EXTENSIONS OF REMARKS, Vol. 154, Pt. 6 7667 TAIWAN’S LEADERSHIP ON assure him of America’s enduring partnership the president had established a direct diplo- GLOBAL ISSUES in these efforts. matic line of communication with the pope, and subverted the American bishops. Reagan f showed none of Johnson’s protocol concerns HON. DANA ROHRABACHER THE RISKS AND REWARDS OF THE when deciding to stay an extra night in Alas- OF CALIFORNIA POPE’S VISIT TO THE U.S. ka to coordinate an informal meeting with IN THE HOUSE OF REPRESENTATIVES the pope, whose plane arrived the next day, in May 1984, a year in which a majority of Thursday, May 1, 2008 HON. RICHARD E. NEAL Catholics voted to help him win reelection. Mr. ROHRABACHER. Madam Speaker, in OF MASSACHUSETTS In the most analogous case with George the 61⁄2 years since terrorists attacked the IN THE HOUSE OF REPRESENTATIVES Bush’s position this year, Bill Clinton met with John Paul II in 1999 as a second term American homeland, our government has un- Thursday, May 1, 2008 dertaken a series of steps to prepare for, president unable to run again for reelection. Absent the Cold War, Clinton aggressively deter, and ultimately stop future attacks from Mr. NEAL of Massachusetts. Madam Speak- er, it is my privilege to enter into the CON- pursued common cause with Pope John Paul occurring. In advancing these objectives, it II in other areas. Due to Clinton’s has been essential to partner with like-minded GRESSIONAL RECORD today an article that was written by a constituent of mine, Thomas J. unapologetic support of legalized abortion nations to ensure security and freedom for all and artificial contraception, the policies of our citizens. In this regard, I would like to take Carty, PhD, Associate Professor of History this president clashed with the pope’s abso- the opportunity to express the appreciation of and American Studies at Springfield College in lute opposition to late-term, or ‘‘partial many in the Congress to President Chen Shui- Springfield, MA. His article is entitled, The birth’’ abortions. Yet Clinton sought closer bian of Taiwan as he prepares to leave office Risks and Rewards of the Pope’s Visit to the connections between U.S. and Vatican eco- nomic assistance programs while the Repub- later this month. U.S., and it outlines the history of the inter- action of politics and religion as it related to lican congress planned to curtail funding for During President Chen’s time in office, Tai- foreign aid. The Catholic Church also en- wan has demonstrated time and again its papal visits in the past. I thought it was a per- tinent piece in light of Pope Benedict’s recent dorsed Clinton’s ambitions to provide gov- commitment to global security and coopera- ernment assistance to the poor and immi- tion. Such actions have been forthcoming de- visit to Washington, DC and New York City. grants. These efforts may have helped Clin- spite the preoccupation of an existential threat THE RISKS AND REWARDS OF THE POPE’S VISIT ton obtain the meeting and photo oppor- facing it from across the Taiwan Strait. TO THE U.S. tunity with John Paul II at the same time as After 9/11, Taiwan immediately opened its (By Thomas J. Carty) two Papal Knights in Congress (House Judi- airspace to U.S. military aircraft transiting Pa- Pope Benedict XVI’s meeting this week ciary Committee Chairperson Henry J. Hyde and his legal counsel David P. Shippers) pre- cific routes to Afghanistan. It subsequently with a U.S. president during an election year demonstrates how Americans increasingly pared the case for the president’s eventual partnered with our government and others in tolerate the confluence of religion and poli- impeachment. the Container Security Initiative, which seeks tics. While George Bush does not face the Since George W. Bush cannot legally com- to prevent illicit cargo from reaching rogue en- prospect of election this year, his meeting pete in the 2008 presidential election, Pope tities around the world. Furthermore, Taiwan with Pope Benedict may affect the presi- Benedict may have more to gain or lose than has committed over $100 million to recovery dential campaign. Bush’s policies have both the president in this year’s papal-presi- efforts in Afghanistan, making it one of the delighted and disappointed the Pope. The dential meeting. Some reports indicate that most significant contributors to coalition efforts president’s opposition to legalized abortion the pope will court controversy by high- lighting abortion in this presidential elec- there. and embryonic stem-cell research earned him praise by John Paul II, but this pope tion year visit to the United States. If so, Recognizing that global security can be ad- also critiqued Bush and his father for resort- many Americans will charge the pope with a vanced in a variety of ways, Taiwan has been ing excessively to war in Panama, the Per- partisan appeal which threatens America’s a leader in addressing public health issues sian Gulf, and Iraq. For Bush, this meeting recent tolerance for Catholicism and church- internationally. Struck by SARS in 2003, Tai- offers an opportunity to burnish his legacy state cooperation. If Benedict addresses re- wan acted swiftly to share information with as a defender of traditional values. spect for immigrants and the poor, as well as other nations that helped limit its spread. Soon Bush can maximize benefit from this meet- the unborn, however, he can avoid the ap- thereafter, Taiwan’s experience in tackling ing by studying the successes and failures of pearance of favoring one political party plat- avian flu was again made available to the Lyndon Johnson, Ronald Reagan, and Bill form over another. Clinton. Johnson’s 1965 decision to greet international community in order to deter that Pope Paul VI strained traditional diplomatic f contagion’s deadly proliferation. protocol because no pope had previously set HONORING GERALD WALKER Beyond these multilateral efforts, Taiwan foot in the United States. Prior to the pope’s has also developed one of the most extensive landing in New York in order to deliver a bilateral development assistance programs in speech at the United Nations, therefore, HON. GEORGE RADANOVICH the world. For instance, it has established 36 Johnson arranged elaborate plans to avoid OF CALIFORNIA appearing biased in favor of the Catholic long-term technical missions in 30 partner IN THE HOUSE OF REPRESENTATIVES countries, focusing on capacity building, agri- Church. The president agreed to wait in New York’s Waldorf-Astoria hotel for Pope Paul Thursday, May 1, 2008 culture, fisheries, horticulture, livestock, handi- VI to visit Johnson’s suite so that the presi- crafts, medicine, transportation, industry, min- dent could deny having initiated the unoffi- Mr. RADANOVICH. Madam Speaker, I rise ing, electricity generation, printing, vocational cial summit. Johnson certainly hoped such today to congratulate Gerald Walker upon his training, trade and investment. Taiwan allo- appeals to the pope might have helped his retirement from Clovis Unified School District cates approximately 100,000 tons of rice an- standing among Catholics in an eventual run as the Director of Construction and Engineer- nually as humanitarian foreign aid. After the for reelection. Yet the pope’s public criti- ing. Mr. Walker will be honored at a reception South Asia tsunami occurred in December cisms of U.S. bombing in Southeast Asia on May 3, 2008. 2004, the Taiwanese government provided contributed to Johnson’s later decision to Gerald Walker graduated from Clovis High withdraw from the 1968 presidential cam- School in 1953. Shortly after graduation he $50 million in initial relief assistance, and co- paign. operated with international non-governmental By contrast, Pope John Paul II boosted began to work for the School District. He has organizations in additional relief efforts. It also Ronald Reagan’s political popularity among served 23 years with the Clovis Unified School provided more than 355 tons of relief materials Catholics and conservative non-Catholics in District; 16 of those years as a member of the to tsunami-affected countries. the 1980s. Although the U.S. Catholic bishops governing board and the past 17 years as the These and other measures undertaken by opposed the construction of nuclear weapons Director of Construction and Engineering. The Taiwan over the past several years are to be and criticized Reagan’s movement to expand District was able to complete over a billion dol- commended. Under the leadership of Presi- U.S. armaments, John Paul and Reagan lars of construction related projects and is rec- shared an uncompromising anticommunism. dent Chen, his government has served as a Meeting with the pope allowed the president ognized as a leader in the area of school fa- model for others seeking to play a constructive to deflect attention from the American cilities in California. Under the direction of Mr. role in the international community. I encour- Catholic hierarchy’s opposition to his arms Walker, Clovis Unified has successfully com- age continued leadership by Taiwan as a new buildup. When Reagan appointed an official, pleted over 200 projects, including 16 new ele- president prepares to assume office, and can full-time ambassador to the Vatican in 1984, mentary schools, 3 new intermediate schools,

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3 new high schools, and countless moderniza- she demonstrated her mastery of mathematics NEDY and many other people who have played tion and improvement projects. For these ac- content, and that her teaching methods in- an active role in both the initial establishment complishments, Mr. Walker was recognized by crease student achievement. In addition, by of the National Park and in the preservation the Builder’s Exchange in 2007 for ‘‘Out- winning the award, she has demonstrated that and restoration of the Corson Building, an im- standing Industry Achievement’’ and by Dar- she evaluates and improves not only her stu- portant historical structure which was nearly den Architects for ‘‘Excellence in Building’’. In dents’ achievement, but how she teaches the destroyed by fire in 1997. Through a combina- addition, Mr. Walker has been a member of material. Finally, Mrs. Hutchinson is committed tion of Federal, State and local government fi- the District’s Career Technical Education Advi- to improving her personal mastery of the con- nancing, along with non-profit funds and ef- sory Committee. tent she teaches. She is also committed to forts, the building, now attached to the existing Clovis schools have received many honors mentoring and supporting other teachers at Visitors Center, will serve as a major edu- over the years, including being named numer- her school. cational facility with valuable public meeting ous times as a California Distinguished Providing quality education is a key to in- space that will be available for both National School, a National Blue Ribbon School and creasing America’s competitiveness and cre- Park programs and community meetings. National Drug Free Schools Program. Mr. ating a skilled, 21st century workforce. Today, Among those who will be recognized at the Walker’s dedication to providing exemplary over half of China’s undergraduate degrees celebration on May 16 for their efforts in mak- school facilities and grounds has assisted Clo- are in math, science, technology and engi- ing the Corson project a reality, there is one vis Unified in attaining these achievements. neering. Yet, only 16 percent of American un- individual whose contributions over the years Madam Speaker, I rise today to commend dergraduates pursue these fields. To meet the were crucial and deserve special mention. I and congratulate Gerald Walker upon his re- demands of an increasingly advanced, global speak of New Bedford native Tony Souza, who was the long-time Executive Director of tirement from Clovis Unified School District. I market we must better train and equip our na- the Waterfront Historic Area League, WHALE, invite my colleagues to join me in wishing Mr. tion’s workforce and Mrs. Hutchinson is doing the city’s leading historic preservation organi- Walker many years of continued success. just that. Shadle Park High School is fortunate to have such an inspiring and committed zation. f While Tony and his wife Elsie (who did teacher. great work as the Deputy District Director of PERSONAL EXPLANATION Madam Speaker, I rise today to commend my Congressional office) moved a couple of Linda Hutchinson for her outstanding work as years ago to Florida to pursue other opportuni- mathematics teacher. What an honor it is to HON. TOM COLE ties, it is his vision for both the National Park receive this recognition from the President. I OF OKLAHOMA and the Corson Building that we will to a large invite my colleagues to join with me in con- IN THE HOUSE OF REPRESENTATIVES extent be honoring at the ribbon cutting event. gratulating Mrs. Hutchinson on this great Thursday, May 1, 2008 A little known aspect of Tony’s efforts to re- achievement. store the Corson Building and convert it into Mr. COLE of Oklahoma. Madam Speaker, f an educational facility is that he took much of on Wednesday, April 30, 2008, I missed the his inspiration for that work from his late son, first vote in a series of two votes. I missed roll- PERSONAL EXPLANATION Christopher Souza, who had been a member call votes Nos. 230, 231, 232, and 233. of Senator KENNEDY’s staff. Had I been present and voting, I would have HON. JEFF MILLER Chris, who shared his parents’ commitment OF FLORIDA voted as follows: Rollcall vote No. 230: ‘‘aye’’ to both improving New Bedford and preserving IN THE HOUSE OF REPRESENTATIVES (on agreeing to the Miller, George amendment its wonderful historical legacy, sadly passed to H.R. 5522); rollcall vote No. 231: ‘‘aye’’ (on Thursday, May 1, 2008 away at the age of 26 in 1994. This was of agreeing to the Wilson (SC) amendment to Mr. MILLER of Florida. Madam Speaker, I course a tragic loss for his family, but it was H.R. 5522); rollcall vote No. 232: ‘‘aye’’ (on would like to offer a personal explanation of also a loss to the broader community because motion to recommit H.R. 5522 with instruc- the reason I missed rollcall Vote No. 146 on we were deprived of the talents of a young tions); rollcall vote No. 233: ‘‘no’’ (on final pas- March 14, 2008. I was meeting off Capitol Hill man who had chosen to dedicate himself to sage of H.R. 5522). with over 100 World War II veterans from my public service. Despite his grief over his son’s f district who flew up on the Emerald Coast passing, Tony gave some thought to steps he SPOKANE TEACHER RECEIVES Honor Flight. might take to honor Chris as an individual and PRESIDENTIAL AWARD If present, I would have voted: Rollcall vote also as someone who exemplified the next No. 227, Previous Question on the Rule for generation of young leaders. This consider- H.R. 5522—Worker Protection Against Com- ation led ultimately to the idea of establishing HON. CATHY McMORRIS RODGERS bustible Dust Explosion and Fire Act, ‘‘nay’’; the Corson Building, once it was rebuilt, as a OF WASHINGTON Rollcall vote No. 228, Rule for H.R. 5522— facility with a primary focus on education, so IN THE HOUSE OF REPRESENTATIVES Worker Protection Against Combustible Dust that it could, among other purposes, play a Thursday, May 1, 2008 Explosion and Fire Act, ‘‘nay.’’ key role in helping tell the young people of f New Bedford the remarkable history of their Mrs. MCMORRIS RODGERS. Madam city. Speaker, I rise today to congratulate Linda CORSON BUILDING RIBBON CUT- Like many complicated projects involving Hutchinson, the Mathematics Department TING CEREMONY—FITTING TRIB- older structures and various levels of govern- Head at Shadle Park High School in Spokane, UTE TO TONY AND CHRIS- ment—not to mention both the vagaries of the Wash., on her outstanding performance as a TOPHER SOUZA Congressional appropriations process and the mathematics teacher. In recognition of her ex- National Park Service’s property management ceptional contribution to the academic HON. BARNEY FRANK regulations—getting the Corson Building to wellbeing of her students, Mrs. Hutchinson OF MASSACHUSETTS where it is today involved a slow series of has been awarded the ‘‘Presidential Award for IN THE HOUSE OF REPRESENTATIVES steps with numerous detours. Along the way, Excellence in Teaching Mathematics and it was necessary to stabilize the building after Science.’’ Thursday, May 1, 2008 the fire; develop the necessary design for the The Presidential Award for Excellence in Mr. FRANK of Massachusetts. Madam renovation; and begin to assemble the req- Mathematics and Science Teaching, PAEMST, Speaker, on May 16 there will be a very im- uisite funds, all of which took time. Tony was is the highest recognition that a kindergarten portant event in New Bedford, Massachusetts: consistently the driving force behind the efforts through 12th-grade mathematics or science the ribbon cutting for the newly renovated to overcome the obstacles that emerged, and teacher may receive for outstanding teaching Corson Building, which will be dedicated on I know that his desire to see the project com- in the United States. Mrs. Hutchinson is one of that date as a key component of the New pleted was to a large extent a reflection of his just 108 teachers to receive this honor each Bedford Whaling National Historical Park Visi- love for his son. Indeed, he only decided to year. tors Center. seek new challenges outside Massachusetts Mrs. Hutchinson was evaluated on five di- I look forward to being joined at the cere- when it was clear that his vision for the project mensions of outstanding teaching. She proved mony by my colleague Senator EDWARD KEN- was well on its way toward completion.

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When he’s not acting as pro- ficials, National Park Service representatives Directors of several local charities. gram host or concert emcee, chances are and area preservation activists and residents Madam Speaker, the City of Santa Cruz will Davis is holed up in his basement studio pro- who will also be attending the event, in paying miss Ceil’s vision and leadership, but there is ducing CDs from hundreds of bluegrass tapes tribute to Tony Souza’s vital contributions to no doubt that she has left the City in a better he’s recorded over the years. Since the this important accomplishment, and to his son place from when she first arrived. I wish Ceil 1960s, Davis has been enlisting friends like Christopher, who was such an important inspi- the best in retirement and look forward to her Carter and Ralph Stanley, Don Reno, Bill Har- ration for his father’s work on the project. continued involvement in the Santa Cruz com- rell, the Warrior River Boys, the Gillis Broth- f munity. ers, Owen Saunders, and a host of others to f make his so-called ‘‘basement tapes.’’ The IN HONOR OF CEIL CIRILLO basement tapes include previously unreleased WAMU 88.5’S RAY DAVIS CELE- jam sessions with many of these legendary BRATES 60 YEARS ON THE AIR HON. SAM FARR bluegrass artists. OF CALIFORNIA HON. ELEANOR HOLMES NORTON American University’s radio station since IN THE HOUSE OF REPRESENTATIVES 1961, WAMU 88.5 is the leading public radio OF THE DISTRICT OF COLUMBIA station for NPR news and information in the Thursday, May 1, 2008 IN THE HOUSE OF REPRESENTATIVES greater Washington, DC, area with more than Mr. FARR. Madam Speaker, I rise today to Thursday, May 1, 2008 650,000 listeners in the region. WAMU 88.5 is honor an invaluable member of the Santa Ms. NORTON. Madam Speaker, Ray Davis, ‘‘your NPR news station in the Nation’s cap- Cruz community. After two decades of service, host of The Ray Davis Show on WAMU’s ital.’’ Ceil Cirillo has announced her retirement from Bluegrass Country, celebrates 60 years in f her post as director of Redevelopment/Eco- broadcasting on May 2. Ray Davis joined HONORING OUR COMMITMENT TO nomic Development for the City of Santa Cruz. WAMU 88.5 in 1985 to host Saturday Blue- FILIPINO WORLD WAR II VET- Ceil began her work in the Santa Cruz com- grass, and shared hosting duties for the week- ERANS munity after numerous buildings and homes day afternoon program, Bluegrass Country, had been destroyed in the Loma Pierta earth- until 2001. He currently hosts 3 live hours of HON. JACKIE SPEIER quake of 1989. As a part of her work as a di- traditional bluegrass music on The Ray Davis rector, Ceil acquired the challenge of recon- OF CALIFORNIA Show at 3 p.m., weekdays, and 10 a.m., Sun- IN THE HOUSE OF REPRESENTATIVES structing a devastated historic downtown days, on WAMU’s Bluegrass Country, heard in Santa Cruz. Her success is evident today by Washington, DC, in HD Radio at 88.5, Chan- Thursday, May 1, 2008 the vibrant destination for shopping and dining nel 2, and online at bluegrasscountry.org. Ms. SPEIER. Madam Speaker, I stand be- that Pacific Avenue is today. Yet this endeavor Davis provides area bluegrass fans and on- fore you this evening to discuss the plight of was only the beginning of her accomplish- line listeners worldwide with a daily dose of some 20,000 brave men who defended our ments and contributions that continue to ben- the traditional American art form, from prison country during World War II but have been ne- efit the Santa Cruz commnunity. songs and ‘‘plum pitiful’’ tunes to the great glected in their old age. I refer to the Filipino To rebuild the commerce affected by the train rides—and train wrecks—of bluegrass nationals who fought with American soldiers quake, Ceil oversaw local building expansion. music, all delivered with Davis’ encyclopedic as part of the Recognized Guerilla Forces. Under her direction, the agency created a new knowledge of the artists and the music. More Madam Speaker, the sacrifice and suffering department for the redevelopment of down- than a DJ, Ray Davis is both a musicologist of these brave warriors has been well-docu- town, as well as a business outreach program and an archivist who takes listeners on a stroll mented. Without their support, some say, to ensure commercial success both downtown down bluegrass music’s memory lane. His American forces likely would have been and citywide. specialties, the plum pitiful tunes, are outmanned and outgunned at many of the de- Ceil’s humanitarian efforts made a great im- tearjerkers that explore universal themes of cisive battles in the Pacific Theater during pact on Santa Cruz citizens who needed help death, betrayal, and jealousy. World War II. But because of an unfair des- the most. One of these accomplishments was ‘‘Ray Davis is a legend in music broad- ignation set into law, our government treats overseeing the construction of low-rent units; casting. He has helped define bluegrass music one class of Filipino veteran differently than providing housing for families with limited in- on-air since its earliest days as a discrete another. comes. She also facilitated the installment of genre, and has placed a lasting imprint on it In the days and months following the Japa- emergency housing units, 26 of which are in with his dedication to playing, promoting, and nese attack on Pearl Harbor, more than their planning stages or already under con- recording its musicians,’’ said Caryn G. 250,000 Filipino nationals swore allegiance to struction. These projects, along with others, Mathes, WAMU 88.5’s General Manager. ‘‘His the United States of America with the same have resulted in 407,000 square feet of newly booming, resonant voice is synonymous with oath each of us took when we became Mem- available housing; placing roofs over the the sound of bluegrass at WAMU, and his will- bers of this body. They fought side-by-side heads of those who would otherwise have no ingness to explore broadcasting on multiple with our fathers and grandfathers and suffered place to call home. new media platforms as radio evolves has casualties at a far higher rate than native-born In her reconstruction aid, Ceil has not let been an inspiration to me.’’ American forces. In return, the Filipino soldiers her artistic side go but rather channeled her Davis began his radio career at the age of were promised the same benefits and support passion for the arts in her efforts. She is keen 15, when he left his boyhood home in Wango, as their American counterparts. In fact, in Oc- on preserving and cultivating the rich culture MD, for a job at WDOV–AM in Dover, DE. He tober of 1945, Gen. Omar Bradley, then Ad- of the community, and instituted the Tannery had jobs at other small town stations around ministrator of the Veterans Administration, re- Arts Center and Pacific Avenue Multi-Modal the country, as well as a stint south of the bor- affirmed that they would be treated like any Station, which today serve as outlets for local der at XERF, the Mexican mail-order station other veterans. artists. In addition, in the unique spirit of Santa that made Wolfman Jack famous, where he But The Rescission Acts of 1946 changed Cruz, she instated commercial facade learned to be a radio pitchman. Davis returned that. As happens all too often in the halls of projects, murals, landscaping and similar to the east coast and spent 38 years hosting power, short-sighted political expediency won projects all over the city. These public a popular bluegrass program from Johnny’s out over fairness and common decency. artworks give significant aesthetic appeal to a Used Cars for WBMD in Baltimore, MD. In Faced with massive war debts, Congress ex- city that had once been reduced to shambles. 1962, he began recording some of the Na- cluded a class of veteran that had no voice Prior to coming to Santa Cruz, Ceil was the tion’s finest bluegrass musicians and selling and no vote. Since then, piecemeal attempts Director of Redevelopment for the City of Sig- these recordings under his own label, Wango. have been made to rectify the inequities of nal Hill, California, and in addition to some pri- Davis hosts bluegrass festivals and concerts The Rescission Acts, but time is clearly work- vate sector employment, was a Special Assist- around the country, including the Delaware ing against us.

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The reporter asked, ‘‘Fifteen years ago you cans in the nation. f were sitting in a jail cell as a political prisoner. Madam Speaker, I am not asking for special When you take the oath of office, what consideration. I am not seeking an earmark or HONORING TAIWAN’S OUTGOING thoughts will be going through your head?’’ a windfall or a handout. I am simply asking PRESIDENT CHEN SHUI-BIAN She responded, ‘‘What I’m proud of is that that we, as a nation, honor the promise we AND VICE-PRESIDENT ANNETTE the same party, the KMT, that suppressed me made to the brave souls who put their very LU 20 years ago will be transferring power to me, lives on the line for the sake of America and peacefully.’’ – all it stands for. Let us show our gratitude to HON. THOMAS G. TANCREDO President Chen and Vice-President Lu the few remaining Filipino World War II vet- OF COLORADO spearheaded efforts to amend Taiwan’s anti- erans and restore the benefits due them and IN THE HOUSE OF REPRESENTATIVES quated constitution to modernize Taiwan’s promised to them when they, like all of us fledgling democracy. They also conducted Tai- here, raised their right hands and swore: I do Thursday, May 1, 2008 wan’s first ever citizens referendum—a mile- solemnly swear that I will bear true faith and Mr. TANCREDO. Madam Speaker, I rise stone for democracy not just in Taiwan, but in allegiance to the United States of America. today to pay tribute to Taiwan’s outgoing all of Asia. Taiwan’s voters rewarded the two f President Chen Shui-Bian and Vice-President for their diligence and commitment by re-elect- Annette Lu. ing them in 2004. PAYING TRIBUTE TO DR. REBECCA Chen Shui-Bian and Annette Lu became Under their leadership, Taiwan has deep- MILLS Taiwan’s second elected President and Vice- ened its democratic roots, and has become an President in the year 2000. Perhaps more im- even brighter beacon of democracy than when HON. JON C. PORTER portantly, however, their election signified the they first took office eight years ago. I hope OF NEVADA first peaceful transfer of power from the Chi- that very soon, Madam Speaker, the people IN THE HOUSE OF REPRESENTATIVES nese Nationalist Party or Kuomintang—which on the Chinese mainland will see that light, Thursday, May 1, 2008 had imposed martial law and ruled Taiwan for and emulate in that country what the Tai- Mr. PORTER. Madam Speaker, it is my dis- over a half-century. wanese have accomplished in their own. tinct pleasure to rise today to honor Dr. Re- In many ways, President Chen and Vice- Later this month, Mr. Ma Ying Jeou and Mr. becca Mills, Ed.D by entering her name in the President Lu’s rise to the highest offices in the Vincent Siew will be sworn in as Taiwan’s new CONGRESSIONAL RECORD, the official record of country is, itself, the story of Taiwan. President and Vice President—signifying yet the proceedings and debates of the United President Chen and Vice-President Lu’s another peaceful transfer of power from one States Congress since 1873. Today I pay trib- paths crossed for the first time among difficult party to another in Taiwan. ute to Dr. Rebecca Mills for her service to the circumstances. Ms. Lu was facing sedition So Madam Speaker, I rise to once again students at the University of Nevada, Las charges for her work on the staff of Formosa congratulate the people of Taiwan, and to rec- Vegas, and would like to commend her for her Magazine, which had been critical of the Kuo- ognize President Chen and Vice-President Lu dedication and commitment to higher edu- mintang dictatorship. Chen Shui-Bian, a young for their contributions to democracy and cation. lawyer at the time, was a member of her de- human rights. I wish them both the best of Receiving her doctorate in secondary edu- fense team. luck as they leave office. cation, Rebecca attended the University of Ar- Ms. Lu was ultimately convicted and spent f kansas at Fayetteville. After receiving her doc- more than five years in prison, but the sen- HONORING ALESIA HAMILTON torate degree, she joined the University of Ne- tence failed to break her will or extinguish her vada, Las Vegas in 1987 as an assistant pro- passion for bringing democracy to Taiwan. HON. SAM GRAVES fessor in the Department of Instructional and Mr. Chen lost the case, but he was won OF MISSOURI Curricular Studies. She would later become over by his clients’ ideals. The defendants and IN THE HOUSE OF REPRESENTATIVES associate professor and then a full professor their lawyers subsequently became the core of within the College of Education. the democratic opposition in Taiwan. And Mr. Thursday, May 1, 2008 In 1998, she was appointed to the position Chen too, would spend time in jail for his polit- Mr. GRAVES. Madam Speaker, I proudly of Senior Advisor to the President of the Uni- ical beliefs. pause to recognize, Ms. Alesia Hamilton, an versity, serving for two years before being But the democratic movement they helped exemplary individual and first grade teacher at named the Interim Vice President for Student to spark would ultimately triumph. Martial law Edison Elementary in St. Joseph, Missouri. Life in April 2001, where she served until her was lifted in 1987, and by 1996 then-President In 2004, Ms. Hamilton, in accordance with retirement in 2008. In this role, Rebecca Lee Teng-Hui had initiated democratic reforms her character of compassion and service, in- worked with over 400 individuals to provide that allowed for the direct election of Taiwan’s vited Mr. Alferd Williams, 70, into her class of services and programs that support out-of- President and Vice-President. 25 students in order that he may finally learn classroom learning for UNLV’s more than After the lifting of martial law in Taiwan, Mr. to read. Her generous nature and commitment 27,000 students. Chen became a member of the Taipei munic- to the task of working with Mr. Williams dem- Rebecca has published and presented na- ipal council, and after the birth of multi-party onstrates her willingness to go above and be- tionally on such topics as organizational politics and the formation of the Democratic yond what is required as a public school change, middle level education, teacher be- Progressive Party (DPP), he became the cap- teacher. liefs, and teacher development. She has also ital city’s first popularly elected Mayor in 1994. In accordance with my Resolution to recog- been featured in the National Forum of Teach- And in 2000, his election as President of Tai- nize the roles and contributions of America’s er Education Journal and the National Forum wan marked the first peaceful, democratic teachers through National Teacher Apprecia- of Applied Educational Research Journal. She transfer of power in the history of either Tai- tion Week, I would like to take a moment to is a recipient of several teaching awards in- wan or China. individually recognize Ms. Hamilton as an edu- cluding the Carnegie Foundation’s Nevada After her release from prison, Ms. Lu was cator selflessly committed to the development Professor of the Year. She is active in the Na- elected to Taiwan’s legislature and later, Mag- of our nation’s students. tional Association of the Student Personnel istrate of Taoyuan County—the equivalent of a Madam Speaker, I proudly ask you to join Administrators (NASOA) serving Region V as Governor here in the United States. In 2000, me in commending Alesia Hamilton for her the Public Policy Coordinator. She also be- she was elected as Vice-President on the service to America’s students and for her ef- longs to the Association of College Personnel DPP ticket with President Chen. forts put forth in working with Mr. Williams. It Administrators (ACPA) and has presented at In the span of two decades, Mr. Chen and is an honor to serve both of these individuals several conferences. Ms. Lu had gone from political prisoners to po- in the United States Congress.

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