Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 110 CONGRESS, SECOND SESSION

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

Vol. 154 WASHINGTON, THURSDAY, JUNE 26, 2008 No. 107 Senate The Senate met at 9:30 a.m. and was appoint the Honorable MARK L. PRYOR, a down these washes. So we would go called to order by the Honorable MARK Senator from the State of Arkansas, to per- down there in a pickup—four-wheel L. PRYOR, a Senator from the State of form the duties of the Chair. drives did not exist or rarely existed at Arkansas. ROBERT C. BYRD, the time—and invariably we would get President pro tempore. stuck in the sand. Those back tires PRAYER Mr. PRYOR thereupon assumed the would spin—one of them especially— The Chaplain, Dr. Barry C. Black, of- chair as Acting President pro tempore. and sometimes it would take a long fered the following prayer: f time. Those tires would spin. That ve- Let us pray. hicle was going a thousand miles an God of our hopes and dreams, from RECOGNITION OF THE MAJORITY hour but moving nowhere. But as the whom all blessings flow, thank You for LEADER day and time progressed, we would put Your presence and sustaining power. The ACTING PRESIDENT pro tem- brush under the tires and the rocks, Strengthen our lawmakers during the pore. The majority leader is recog- and we would get out eventually. rigorous demands of their day. Lord, nized. Well, that is kind of where we are manifest Your presence and inspire today in the Senate. All week long, we f them with Your unchanging love. Help have been stuck in the sand, spinning them to remember that greater than SCHEDULE our wheels. This is Thursday, and the leverage of force is the power of Mr. REID. Mr. President, following Thursday can be a magical day in the love. Remind them that love can mold leader remarks, the Senate will resume Senate, but it is not automatic. It is wills, penetrate lives, and overcome ob- consideration of the Foreign Intel- not automatically a magical day. We stacles. Lord, make our Senators in- ligence Surveillance Act, FISA. have many things to do to, in effect, struments of Your peace and love in a Earlier this week, we were able to stop spinning our wheels. We have four hurting nation and world. Enable them work out an agreement to consider two major pieces of legislation that need to be considered before we can leave for to say with the Psalmist: ‘‘Test me, O district court judges today. The Judici- the Fourth of July recess. Lord, and try me, examine my heart ary Committee is going to meet today and my mind, for Your love is ever be- FISA. I received a call this morning to consider other judges, but we now from the majority leader in the House, fore me, and I walk continually in have two we are going to approve Leader HOYER, and he—a lot of people Your truth.’’ sometime today, and they are William We pray in Your loving Name. Amen. are responsible for getting this bill to T. Lawrence of Indiana and G. Murray f this point, but I think all would ac- Snow of Arizona. When the Senate con- knowledge that his work on this was PLEDGE OF ALLEGIANCE siders the nominations, there will be instrumental—and he, of course, would The Honorable MARK L. PRYOR led an hour for debate, equally divided and like us to finish this as quickly as pos- the Pledge of Allegiance, as follows: controlled, prior to the votes on con- sible. We are currently considering the I pledge allegiance to the Flag of the firmation of the nominations. These motion to proceed to FISA. That is the United States of America, and to the Repub- votes will occur sometime during the legislative matter now before this lic for which it stands, one nation under God, day. The second vote will be 10 minutes body. I hope and I am convinced that indivisible, with liberty and justice for all. in duration. we will be able to work out an agree- f Mr. President, I guess we have to ment to move action on this bill. APPOINTMENT OF ACTING learn from our experiences in life, and Housing. Yesterday, the Senate over- PRESIDENT PRO TEMPORE I try to do that. I was thinking, coming whelmingly voted for the Dodd-Shelby to work here today, what have I had bipartisan agreement. So it is not a The PRESIDING OFFICER. The that is comparable to what we have matter of whether but when the hous- clerk will please read a communication been doing here this week? And the ing legislation will pass the Senate. I to the Senate from the President pro best I could come up with is, when I hope we can reach an agreement before tempore (Mr. BYRD). was a boy, I would go with my dad and the end of the day as to how this bill is The legislative clerk read the fol- my family to gather wood. We would go going to be finished. If we don’t, I will lowing letter: up these washes, desert washes, and in just have to look for another oppor- U.S. SENATE, these washes grows what we call cat’s tunity to file cloture and this bill will PRESIDENT PRO TEMPORE, claw mesquite. That is the only place be completed. As I have indicated to a Washington, DC, June 26, 2008. To the Senate: it grows, in these washes, the reason number of Senators, both Democrats Under the provisions of rule I, paragraph 3, being that the seeds only germinate and Republicans, as we proved yester- of the Standing Rules of the Senate, I hereby when they are pulverized, pounded day, when we have an opportunity, we

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

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VerDate Aug 31 2005 05:22 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.000 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6174 CONGRESSIONAL RECORD — SENATE June 26, 2008 can move legislation. There was agree- we complete that. I hope that can be Passage of this legislation is long ment made on amendments, there was worked out as soon as possible. overdue. When the Protect America compromise on those amendments, and I am optimistic that this is going to Act expired in February, the DNI that is what will happen as we proceed be a productive day in the Senate, but warned Democratic leaders in the down the road. I know there is an issue I am also realistic that it may not be. House once again about the need for an dealing with whether one Senator can Magic can happen, as I have indicated, updated law. Yet House Democrats offer an amendment to have the ex- when we work together here in the were evidently more concerned about tenders not paid for. That won’t happen Senate. On Thursdays, a lot of that the pressure they were getting from on this bill. Those who want to do that magic occurs, but it does not mean it is left wing groups such as moveon.org. can do it on some other vehicle, but going to happen automatically. I hope They brushed the DNI’s warnings aside that won’t happen on the housing legis- it is not a continuation of being stuck and refused to take up and pass a bi- lation. in the sand and those wheels are spin- partisan Senate-passed compromise The supplemental. I hope we can ning and spinning. I hope we can get bill that would have easily cleared the reach agreement today to complete ac- something done for the American peo- House. As a result of Democratic in- tion on this bill that was passed by the ple today. transigence, our intelligence commu- House overwhelmingly—the House got The ACTING PRESIDENT pro tem- nity has been handicapped in its ability 355 on that piece of legislation, with pore. The Republican leader is recog- to acquire new terrorist targets over- just a handful of votes against it. It nized. seas. This was grossly irresponsible, was truly a piece of legislation that f and many of us said so at the time. was important to be done. I am sorry, FISA Now more than a year after the DNI that was not the number on that, Mr. made his initial plea, House Democrats President, but it was passed over- Mr. MCCONNELL. Mr. President, last have finally done the right thing. They whelmingly, the supplemental, and we April the Director of National Intel- have acted on the DNI’s warnings by need to do it here. ligence, ADM Mike McConnell, warned passing an updated surveillance law This bill includes the GI Bill of Congress about a serious flaw in the that meets his original criteria and Rights, and it includes an unemploy- laws that govern our Nation’s terror- which meets the criteria Republicans ment insurance extension, which peo- fighting capabilities. New technologies laid out during last year’s debate— ple are waiting for us to do today and had made our old electronic surveil- namely, one that gives the intelligence the President to sign the bill. There lance program dangerously out of date, community the tools it needs to pro- are, of course, other domestic prior- he said, causing us to miss substantial tect us, which doesn’t put the telecom ities, not the least of which is on the amounts of vital intelligence on for- companies that made this program pos- Medicaid regulations. Every Senator eign terror suspects overseas. sible out of business, and which would has received calls from their Governor In reaction to these concerns, the get a Presidential signature. about the importance of these Med- Senate passed and the President signed Now it is time for the Senate to take icaid regulations. Passage of this bill a temporary measure, the Protect up this bill and pass it without any fur- will be a victory for the American peo- America Act. The Protect America Act ther delay. The bill isn’t perfect. I ple, and it is one of those rare in- lived up to its name. We are told that would have preferred for the Speaker stances where we have, as I have said from the time of its passage last Au- to allow a vote on the Senate-passed on the floor in recent days, worked gust until its expiration in February, it FISA bill. But it does meet the DNI’s with the President, and he has worked allowed us to collect significant intel- criteria, and therefore its passage will with us, and we have a bill he is going ligence on terrorists and has been crit- mark a serious achievement, though to sign without any question. ical in protecting the United States long overdue, in the interest of our na- Medicare. That is the bill that passed from harm. But the Protect America tional security. by a vote of 355 to 59 in the House. It Act had a signal failure: the telecom This hard-fought bill represents the is an extremely important piece of leg- companies that may have helped pre- epitome of compromise. The senior islation. We have to complete that be- vent terrorist attacks were not pro- Senator from Missouri should be sin- fore we leave here. If we don’t do it be- tected from potentially crippling law- gled out for his outstanding work on fore July 1, everyone knows—well, suits. This was no small thing since this most important piece of legisla- when I walked out of my office, the without these companies, America tion. He has done a service to the Sen- head of the American Medical Associa- wouldn’t even have an effective sur- ate and to the Nation by patiently tion was there saying: Pass the bill the veillance program. Bankrupting the working all of this out over the course House passed. She is over there. She is telecoms would be like outlawing fire of more than a year. a physician from Buffalo, NY, and she hydrants—you could have the best He was assisted in that effort by very said it is one of the most important firetrucks and the best firemen in the able staff. Louis Tucker, Jack Living- things we could do to help the health world, but you would still be incapable ston, and Kathleen Rice were invalu- care delivery system in this country. of putting out fires. able throughout the process, to every The AARP yesterday came out for this So after several months of new nego- Senator who was involved in this ex- legislation. tiations, the House finally devised and tremely important debate. They also It is an extremely important piece of approved last week a revision of the deserve our thanks. legislation. The bill is similar to the original surveillance law that address- I will support this bill for all the rea- one drafted by Senators BAUCUS and es the DNI’s major concerns, including sons I have mentioned and urge my col- GRASSLEY earlier this month that the important telecom protection. As leagues to do the same. We must pass every Senate Democrat and nine Sen- the DNI put it in a recent letter en- this before leaving town and not allow ate Republicans voted for. It represents dorsing the House-passed bill: it to be held up by yet another Demo- the only chance this body has to head This bill would provide the intelligence cratic filibuster. off cuts to doctors before they take ef- community with the tools it needs to collect fect at the end of this month. So we ei- the foreign intelligence necessary to secure f ther will get an agreement today to our Nation while protecting the civil lib- pass the Medicare doctors fix or, when erties of Americans. The bill would also pro- HONORING OUR ARMED FORCES vide the necessary legal protections for those I have an opportunity, which will prob- SERGEANT TATJANA REED companies sued because they are believed to ably be after midnight tonight, to file have helped the government prevent ter- Mr. MCCONNELL. Mr. President, I cloture on that. If that is the case—and rorist attacks in the aftermath of September rise to speak for a brave woman, moth- I can’t do that before midnight—then 11. Because this bill accomplishes these two er and soldier who has fallen. On July that will mean a weekend cloture vote. goals, essential to any effort to modernize 22, 2004, SGT Tatjana Reed was trag- So we have to do that. We have no al- FISA, we strongly support passage and will ically killed when an improvised explo- ternative. Everyone wants to go every- recommend the President sign it. sive device detonated near her vehicle place because the Fourth of July break That is the Director of National In- during combat operations in Samarra, is coming, but we can’t do that until telligence. Iraq.

VerDate Aug 31 2005 03:32 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.004 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6175 Born half a world away, Sergeant story her sister, Rebecca, shared with and Jennifer grew closer, he described Reed came to call Fort Campbell, KY me illustrates that. for her his desire to join the Army. her home. She was 34 years old. When I was eight or nine I was rushed ‘‘He was at a point in his life where For her bravery in service, she re- to the hospital to have my appendix re- he just felt like he needed to enlist,’’ ceived numerous medals, awards and moved,’’ Rebecca says. ‘‘I was scared Jennifer recalls. ‘‘He thought about decorations, including the Bronze Star because I never had to stay in a hos- joining right after 9/11, and he thought Medal and the Purple Heart. pital before. I remember waking up about it some more after that. It was Born and raised in Germany, Ser- from the surgery and opening my eyes just something he thought he needed to geant Reed chose to make America her and looking at my sister. She said, do. own, and she chose to enlist in the U.S. ‘How are you doing?’ She started jok- ‘‘I knew something could happen,’’ Army to protect it. ing with me, so I would forget about she adds. ‘‘But I supported him.’’ To hear Tatjana’s younger sister, Re- my pain. Will and Jennifer fell in love, and becca Milliner, describe their time to- ‘‘She was at the hospital with me they were married on July 23, 2003, in gether as children, growing up in Ger- every day. That is when she became my Richmond, KY. On the very next day, many sounds little different from grow- hero.’’ Will reported for Army training. Will served as an infantryman when ing up in America. Tatjana always called her daughter he first enlisted, training at Fort ‘‘She had to drag her little sister Genevieve ‘‘her little soldier,’’ and so Benning, GA, then reporting to Fort along to hang out with her friends,’’ at Tatjana’s funeral, Genevieve did not Drum. He was deployed on his first Rebecca recalls. But ‘‘she never com- cry. To remain her mother’s little soldier, she said she would cry when she tour in Iraq in 2004 and reenlisted while plained about having to take me with on tour in 2005. Upon returning home, her.’’ was alone. Tatjana’s passing leaves a hole in the he trained at Fort Leonard Wood, MO, Tatjana graduated from high school in 2005 and 2006 to become an MP. in Germany, then later came to Amer- lives of those who knew her that cannot be filled. We are thinking of her Deployed on his second Iraqi tour in ica as a young woman in 1991 and grad- August 2006, Will patrolled the streets uated from basic training in February mother Brigitte Dykty; her daughter Genevieve Reed; her sister Rebecca of Baghdad, and was part of a crew that of that year. The Army proved to be found and detonated explosives before Tatjana’s path to embracing both a Milliner; her brother Torsten Wissmann; her stepfather Joseph they could harm other soldiers or civil- new country and a new mission in life. Dykty; and many other beloved family ians. ‘‘She loved the Army,’’ says Looking ahead, Will and Jennifer saw Tatjana’s mother, Brigitte Dykty, who members and friends. Rebecca still remembers the shock of a happy life together. He thought of also came to America from Germany hearing the tragic news. ‘‘My sister joining the Kentucky State Police and around the same time as her daughter. was gone just like that,’’ she says. building a house for his family in Brigitte remembers that before ‘‘The one good thing that came out of Beattyville. Tatjana left for Iraq, her daughter it [is] she now is a hero to millions of That family included Will and ‘‘told me not to worry for her,’’ she people and not just to me.’’ Jennifer’s two beautiful daughters, says. Tatjana reassured her mother by Rebecca and her family can rest as- Hannah Katheryn and Allyson Peyton. saying, ‘‘It’s my job.’’ sured that this Senate does indeed rec- Sadly, Will never got to lay eyes on his Tatjana became an emergency medic ognize SGT Tatjana Reed as a hero. younger daughter Allyson, who was and was stationed at Fort Knox, KY. And now, her adopted country will for- born the day after his funeral. ‘‘I sent him lots of pictures of the The Bluegrass State became her new ever adopt her, as a brave patriot who girls,’’ Jennifer remembers. He ‘‘was home. In 1993, she transferred to Fort made the greatest sacrifice for her Na- Campbell, and also spent time in very devoted to me and our daughters. tion. [He] couldn’t wait to return . . . and Kosovo. In August of 1998, she became Mr. President, in Kentucky today a was extremely excited about the birth an American citizen. family mourns the loss of a hero and But perhaps the greatest gift in of the new baby.’’ patriot. SGT William G. Bowling was Hannah and Allyson will not get to Tatjana’s life was her daughter, Gene- tragically killed on April 1, 2007, when vieve, who tucked a framed photo of learn firsthand how their father loved an improvised explosive device deto- the Indianapolis Colts and that his fa- herself into Tatjana’s bags as a gift to nated near his vehicle as he was on pa- her mom when she went to Iraq. vorite player was Peyton Manning. In trol outside Baghdad. Sergeant Bowl- fact, that is where Allyson gets her By the time she was deployed to Iraq, ing hailed from Beattyville, KY, and he Tatjana was assigned to the 66th middle name. was 24 years old. They’ll miss hearing their father talk Transportation Company, based out of He received several awards, medals about his love of NASCAR and his fa- Kaiserslautern, in her native Germany, and decorations for his valor, including vorite drivers, Dale Earnhardt and and served as a heavy-wheeled vehicle the Army Commendation Medal, the Dale Earnhardt, Jr., Will would even operator. At a memorial service for National Defense Service Medal, and say half-jokingly that he wanted to be Tatjana, her fellow soldiers described the Purple Heart. a driver someday. the joy of working with her. ‘‘This is the job he wanted to do,’’ ‘‘For our second anniversary, he got ‘‘When I first came to the 66th, Ser- says his wife, Jennifer, about her hus- to go to the Kentucky Speedway to geant Reed was the first person I met,’’ band’s service. ‘‘He wanted to serve his participate in the Richard Petty Driv- says Private First Class Melissa country.... He really believed in ing Experience,’’ says Jennifer. ‘‘He Cramblett. ‘‘She took me under her what he was doing in Iraq.’’ was so excited and had such a great wing. She was a good person, a good In fact, this was Will’s second tour of time that day. I can still see the smile [non-commissioned officer,] and she duty in Iraq. He was serving as a mili- on his face. ‘‘ cared a lot for us.’’ tary police officer assigned to Head- Will liked to have water gun fights Other soldiers described a caring quarters and Headquarters Company, with his nephews, build things out of woman who was a mother figure to the 2nd Brigade Special Troops Battalion, Legos and play a few video games. He younger troops under her care. She 2nd Brigade Combat Team, 10th Moun- enjoyed the bands U2 and the Foo translated German for the soldiers tain Division, based out of Fort Drum, Fighters and the comedian Dane Cook. communicating with the locals, and NY. Will enlisted in the Army in 2003 And together, he and Jennifer would brewed a strong cup of coffee that be- and then reenlisted in 2005. walk their dogs—Oreo, a Siberian came the soldiers’ favorite. The year of his first enlistment, 2003, Husky, and Java, a German Shepherd. ‘‘She was an exceptional woman,’’ was an important one for another rea- ‘‘He was just an outstanding, respect- says SSG Agustin Sarmiento. ‘‘There son. That year, Will had a job at Affili- able man,’’ says Jennifer. He ‘‘could be were no other words to describe her. ated Computer Services, where he got quiet at times, [but] loved to smile and She was a real tender, loving, caring to meet a young woman named Jen- laugh.’’ person. She cared for soldiers.’’ nifer. Will was the kind of man who col- The compassion Tatjana showed for Their first date was on Groundhog lected many friends. Hundreds of peo- the people around her was not new. A Day; they went to see a movie. As he ple filled the Booneville Funeral Home

VerDate Aug 31 2005 03:32 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.001 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6176 CONGRESSIONAL RECORD — SENATE June 26, 2008 to say their goodbyes, and to recognize The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- his bravery in fighting for such an im- pore. Objection is heard. pore. The clerk will report the bill by portant cause. I was honored to be able Mr. REID. Mr. President, I am won- title. to write a eulogy for Will, which was dering while my friend is on the floor, The legislative clerk read as follows. read at the service. the highway trust fund, according to A bill (H.R. 6327) to amend the Internal Our prayers go out to Will’s beloved the States, is upside down. There is not Revenue Code of 1986 to extend the funding friends and family members today. We enough money in it. With the construc- and expenditure authority of the Airport and are thinking of his wife Jennifer Evans tion season upon us for renovation and Airway Trust Fund, and for other purposes. Bowling; his daughters Hannah repair of streets, highways, and There being no objection, the Senate Katheryn and Allyson Peyton Bowling; bridges, I say to my friend: Would any proceeded to consider the bill. his father, Adam Miller; his mother smaller amount of money be satisfac- Mr. REID. I ask unanimous consent Kathleen Bowling; his parents-in-law tory, say, $6 billion? that the bill be read three times and James and Cathy Evans; his brother- Mr. DEMINT. Mr. President, I appre- passed; the motion to reconsider be and sister-in-law Jim and Roxanne ciate the question from the leader. I laid upon the table, with no inter- Evans; his nephews Michael and Wesley think again it is inappropriate to make vening action or debate, and any state- Evans; his grandparents Chester Terry a decision on whether it is $6 billion or ments related to the bill be printed in and Francis Bowling; his grandmother- whatever the figure is. Only a couple of the RECORD. in-law Katheryn Holloway, and many months ago we were all here on a tech- The ACTING PRESIDENT pro tem- others. Will’s grandfather-in-law, nical correction bill. We had the oppor- pore. Without objection, it is so or- Frank Holloway, has also passed away. tunity to take a lot of money that was dered. Will also served alongside many saved from projects that were not need- The bill (H.R. 6327) was ordered to a brave soldiers in the Army, forging ed. We talked at the time on this floor third reading, was read the third time, friendships that lasted a lifetime and about the fact that the trust fund was and passed. beyond. We are thinking of SGT Billy short. But instead of taking that sav- f Messer, SP Travis Tysinger, SGT Brian ings and putting it back in the trust Marshall, SSG Billy Thompson, SGT UNANIMOUS-CONSENT REQUEST— fund, we used it to add additional ear- H.R. 3661 Stephen Tucker, and SGT Arthur marks and to put more money into Briggs. projects that were there. So there has Mr. REID. I ask unanimous consent The town of Beattyville has honored been no intent by this body to try to that the Senate proceed to the consid- Will by engraving his name on a memo- look at the problem with the trust eration of Calendar No. 836, H.R. 3661, rial wall that is erected downtown. fund. Certainly it is something we need an act to extend the expiring Medicare That’s an appropriate way to remem- to deal with but not as part of the avia- provisions; that the bill be read a third ber Will as a soldier and a hero. tion bill. time and passed and that the motion to His wife Jennifer plans her own way reconsider be laid upon the table, with of remembering Will as a husband, a fa- Mr. REID. Mr. President, I am disappointed but not nearly as dis- no intervening action or debate. ther, and a man. The ACTING PRESIDENT pro tem- ‘‘I’ve bought a farm and I’m going to appointed as 50 Governors. This is a situation where the highways of this pore. Is there objection? build a house exactly as we had Mr. GREGG. Mr. President, reserving planned,’’ she says. ‘‘I will display his country are in desperate need of repair and construction. the right to object, there is obviously a die-cast cars . . . and will put his Army great need to correct the problem of memorials on display.’’ With the economy faltering, as it is, and the housing market stumbling, what will occur if we do not fix the This Senate will remember SGT Wil- doctors’ reimbursement schedule. liam G. Bowling for his life of service, this would be a tremendous help. For the $6 billion, it would create about But there are also more ways to do and his enormous sacrifice. We honor this than one, and the one that is being his heroism in defending his family and 300,000 jobs—300 thousand. For every billion dollars we spend, it creates proposed is the House-passed bill by his country. And we will not forget the the majority leader. We would suggest example he has set for all of us—not about 47,500 high-paying jobs. The spin- off from those jobs is significant. that since the Senate should be heard least, his two young daughters. on this matter and have the oppor- The ACTING PRESIDENT pro tem- This would be vitally important to tunity to put its ideas on the table, pore. The majority leader is recog- give our economy a little shot in the Senator GRASSLEY and Senator BAUCUS nized. arm. So I am disappointed my friend should have a chance to work on the f has objected. We are going to have to continue to Senate proposal; that we would rather UNANIMOUS-CONSENT REQUEST— work to try to replenish that trust proceed with an extension of the H.R. 6327 fund. The trust fund is not adequately present Medicare provisions so doctors Mr. REID. Mr. President, I ask unan- funded because of the fact that people are not subject to a reduction in reim- imous consent the Senate proceed to are not traveling as much. They are bursement for 30 days and allow this to the consideration of H.R. 6327—this not buying enough fuel at least to fill happen. matter was received from the House the trust fund. The price of gasoline, I will be required to object to this on earlier further, that a Baucus sub- when President Bush took office, was behalf of the leadership over here and stitute amendment at the desk which $1.46, $1.47. Now it is an average of myself. Then I would like the courtesy is a 3-month FAA extension and a high- about $4.12 a gallon. of the majority leader to ask unani- way trust fund fix be agreed to; the We have real problems around the mous consent for a 30-day extension. bill, as amended, be read a third time country. When gas was at $1.47, the The ACTING PRESIDENT pro tem- and passed; and the motions to recon- same tax came into the coffers to fill pore. Objection is heard. sider be laid on the table with no inter- this fund. So it is an issue, and I would Mr. REID. Mr. President, I say to my vening action or debate. say to my friend, the technical correc- friend, this legislation passed the The ACTING PRESIDENT pro tem- tions bill was just that, it was to take House by a huge bipartisan vote—359, pore. Is there objection? care of other things that were essen- as I recall, House Members voted for Mr. DEMINT. Reserving the right to tially needed at that time. this. object. Now, as far as putting the stamp of The ACTING PRESIDENT pro tem- f the Senate on this bill, we have already pore. The Senator from South Carolina done that. We passed a bill. We had is recognized. FEDERAL AVIATION ADMINISTRA- every Democrat and nine Republicans. Mr. DEMINT. I am very supportive of TION EXTENSION ACT OF 2008 That is basically what the House has the aviation bill. I do think it is inap- Mr. REID. Mr. President, I ask unan- sent back to us—that matter we took a propriate to add $8 billion of unrelated imous consent that the Senate proceed look at earlier. spending without debate or amend- to the immediate consideration of H.R. I say that the chairman of the comment, so I regretfully have to object. 6327. mittee, Senator BAUCUS, is 100 percent

VerDate Aug 31 2005 03:32 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.004 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6177 behind this request I have, as is the year finally passed, we put the intel- We believe this new bill we are con- AARP, the AMA, and many support ligence community back in the busi- sidering, H.R. 6304, which passed the groups around the country. That is now ness of intercepting critical intel- House with a strong majority vote of in the RECORD. We put that in the ligence communications from foreign 293 to 129 last Friday, should be passed RECORD yesterday. terrorists talking to each other about here. So this is something we have to do. I possible activities in the United States, As with the Senate’s original FISA would say to my friend, on the 30-day or against our troops and our allies bill passed several months ago, the extension, I understand the seriousness elsewhere, and obviously any of those compromise that is before us required a of his proposal. I have said many times who were threatening the United little give-and-take from all sides. But, on this floor, I will not repeat it in de- States. in essence, what we have before us tail, I have the greatest respect for the I can tell you, without going into de- today is basically the Senate bill all distinguished Senator from New Hamp- tail, that the foreign intelligence col- over again. shire. But it is my understanding that lection from these has been about the I am aware that some on the far left there has been an objection to my pro- most valuable piece of information we wish to paint this as some radical new posal, and he will go ahead and offer have with respect to terrorist intent. legislation. But if you read the lan- the 30-day extension, to which I will So I appreciate the fact that this body guage, it is not different. The press object. is ready to move forward. picked up on this straight away last I will be happy to seriously consider I hope we will have a way forward to week and kept asking me to help them it but not too seriously. get it done by the time we leave for the find the purported ‘‘big changes’’ in Mr. GREGG. Mr. President, I ask Fourth of July recess. It is critical we this bill that no one can find. I have unanimous consent that the Senate get this done promptly. If we go into not been much help to them because proceed to the consideration of a 30-day late July or even into August without the answer is, there is not much that is Medicare extension that is at the desk; getting it done, serious consequences significantly different, save some cos- that it be read a third time and passed; will start to impact our ability to col- metic fixes that were requested by the that the motion to reconsider be laid lect intelligence. majority party in the House. For example, I am pleased that the upon the table. Again, I thank our minority leader, strong retroactive liability protections I think the point is, there are serious Senator MCCONNELL, for his kind that the Senate bill offered are still in reservations on our side of the aisle, words, especially about my very capa- place, and our vital intelligence and I think legitimately other places, ble staff who have worked very hard, not only to help put this bill together, sources and methods will be safe- on the way the House has handled ele- guarded. I am pleased this compromise ments of the Medicare system in this but we have briefed Members of both sides of the aisle, their staffs. We have preserves the ability of the intelligence bill and that is to undermine the abil- community to collect foreign intel- ity of many seniors to participate in spent a lot of time doing that. Of course, as I outlined yesterday, we ligence quickly and in exigent cir- what is known as Medicare Advantage. cumstances without any prior court re- We think there is a better way to do spent a very long 21⁄2 months working with the House. As I indicated, the bill view. it. We think the Senate can do a better I am also pleased the 2012 sunset, 3 this body passed, the FISA amend- job of this bill, and we think 30 days to years longer than the sunset previously ments, we passed 68 to 29 in February work on it makes some sense. offered in any House bill, will give our with the good, strong support of the The ACTING PRESIDENT pro tem- intelligence collectors and those par- chairman of the committee, Senator pore. Is there objection? ties we need to have cooperate with us ROCKEFELLER. We worked on a bipar- Mr. REID. I object. the certainty they need in the tools tisan basis. We worked with and lis- The ACTING PRESIDENT pro tem- they use to keep us safe. pore. Objection is heard. tened to the intelligence community to I am confident the few changes we do several things that were critical. f made to the Senate bill in H.R. 6304 No. 1, we wished to make sure there will in no way diminish the intel- RESERVATION OF LEADER TIME was protection for the privacy and con- ligence community’s ability to target The ACTING PRESIDENT pro tem- stitutional rights of Americans and terrorists overseas, and the Director of pore. Under the previous order, the U.S. persons here and abroad. For the National Intelligence and the Attorney leadership time is reserved. first time, we included that. We also General agreed. That had to be the needed to protect the telephone compa- f test. They worked with us. They made nies or carriers who have participated compromises. When we had a proposal FISA AMENDMENTS ACT OF 2008— in the terrorist surveillance program MOTION TO PROCEED for additional protections for Ameri- under the lawful orders issued by the cans, they agreed. But we had to work The ACTING PRESIDENT pro tem- President, under his constitutional au- out the language to make sure we pro- pore. Under the previous order, the thority in article II, an act in good vided protections without destroying Senate will resume consideration of faith by those carriers. the basic integrity of the bill. the motion to proceed to H.R. 6304, We provided that immunity, or retro- I believe we did that. We did that which the clerk will report. active liability protection, more accu- with the Senate bill, and we did it The legislative clerk read as follows: rately, that was critical to ensuring again with the minor changes the Motion to proceed to Calendar No. 827, that they can continue to participate. House wanted to make. H.R. 6304, an Act to amend the Foreign Intel- They are loyal American citizens, and Let me address, for the time being, ligence Surveillance Act of 1978 to establish they wanted to be able to help. But the banner issue of the legislation, a procedure for authorizing certain acquisi- when frivolous lawsuits, seeking bil- which is Congress’s affirmation that tions of foreign intelligence, and for other lions of dollars in damages, are filed the telecom providers that may have purposes. against them, whether they partici- assisted the Government after 9/11 The Senator from Missouri is recog- pated or not, and there is no assurance should have the frivolous lawsuits nized. that any telephone company so sued against them dismissed. Mr. BOND. Mr. President, I thank has participated. They cannot use a de- I am confident in the standard of re- our leaders for getting us on this very fense that they did not participate. view in title II of the bill on which we important bill. They have to have protection. agreed with Congressman HOYER and As we have discussed before, the fail- We built in that protection in a way Congressman BLUNT, his counterpart in ure to modernize and authorize the that was acceptable to both sides in the House, namely, a ‘‘substantial evi- Foreign Intelligence Surveillance Act this body in the FISA amendments and dence’’ standard, which will ensure last summer has caused serious gaps in also satisfied the concerns of the ma- that those companies that assisted the our intelligence capability. jority party in the House, which, as Government following the September When the Protect America Act that Leader MCCONNELL said, had the votes, 11 terrorist attacks obtain the civil was introduced by our Republican lead- if they had wished to pass our FISA retroactive liability protection they er, Senator MCCONNELL, and me last amendments. deserve.

VerDate Aug 31 2005 03:32 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.009 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6178 CONGRESSIONAL RECORD — SENATE June 26, 2008 Unlike the amendment we defeated tion. Having reviewed the underlying best possible product we can produce in the Senate that asked for the court authorities, the certifications, as one that has already gained an over- to determine whether the providers who has practiced a little bit of law in whelming bipartisan majority in the acted in ‘‘good faith,’’ we affirm in this this area, I can tell you there is no way House. I hope it will also get the same legislation, as we did in the previous they could or should be held liable for kind of response in the Senate. Senate bill, that the providers did act any monetary damages, much less the Our intelligence community deserves in good faith, and that the lawsuits billions of dollars irrationally re- it. The citizens of the United States de- shall be dismissed unless the judge quested in the lawsuits. serve not only their rights protected, finds that the Attorney General’s ac- What these lawsuits do is seek to un- but they need and deserve the protections were not ‘‘supported by substan- dermine our program by laying out tion this act will give them from fur- tial evidence.’’ who participates in it. By getting at ther attacks like 9/11. The focus is on the Attorney Gen- the details of the program, we would Mr. President, I do not see anyone eral’s certification to the court, not provide those who seek to do us harm seeking the floor, so I suggest the ab- the actions of the providers. We know with information on how we collect the sence of a quorum. the providers operated in good faith, information on them that is needed to The ACTING PRESIDENT pro tem- and they deserve liability protection. prevent their attacks. Just as impor- pore. The clerk will call the roll. We are allowing, however, the court to tant, bringing them, dragging them The assistant legislative clerk pro- review the Attorney General’s role in through the mud of trials in court ceeded to call the roll. Mr. GRAHAM. Mr. President, I ask that. would simply assure that their busi- unanimous consent that the order for Another way to describe it is that we ness reputation would be severely dam- have essentially provided the district the quorum call be rescinded. aged in the United States and poten- The ACTING PRESIDENT pro tem- court with an appellate standard of re- tially obliterated abroad. In addition, pore. Without objection, it is so or- view, just as we did in the Senate bill. there is a real likelihood that terrorist dered. Congress affirms in this legislation activities or other extremists would Mr. GRAHAM. Mr. President, if I that the lawsuits will be dismissed, but turn on and attack their property or could, I would like to be recognized for then we give the district court an op- even their personnel. 15 minutes to speak on the FISA legis- portunity to change that outcome if I believe seeking to strip liability lation. the judge determines the Attorney protection is void of any mature under- The ACTING PRESIDENT pro tem- General’s certification was not sup- standing of the threats this Nation pore. Without objection, it is so or- ported by ‘‘substantial evidence’’ based faces. That sort of shortsighted pan- dered. on the information the Attorney Gen- dering to far-left political interest Mr. GRAHAM. Mr. President, the eral will provide to the court. So the groups endangers our citizens and pays Senate is taking up a matter that I intent of Congress is clear: the compa- back patriotic service with politically think is very important to the Amer- nies deserve liability protections. That motivated penalty. ican people and our national security, principle has been approved over- I do not join with those who want to and that is to pass the compromise whelmingly on a bipartisan basis in treat those who responded to our call reached by the House and the adminis- both the Senate when we adopted our for help with disregard and disrespect. tration regarding the FISA program. bill in February and the House when it I thank the providers for responding to I want to briefly lay out my view of adopted its bill last Friday. the call, and I will join many others in how the law works in this area. The Also, there are clear limits on what passing this legislation who will be initial approach by the Bush adminis- documents the court may review and thanking them with their vote on this tration that there was no requirement the extent to which parties may par- important national security legisla- to comply with the FISA statute, the ticipate in legal arguments. Because of tion. Foreign Intelligence Surveillance Act, these important limitations, I am con- For those who want to challenge the because of inherent authority of the fident that neither the standard of reprogram, note that we did not ban civil Executive in a time of war I didn’t view nor the court processes will jeop- suits against the Government or agree with, quite frankly. The idea ardize liability protections or our in- against any officer of the Government. that an American would be travailed telligence sources and methods. Thus, And criminal suits—if there are any by an agency of our Government if that Congress is again positively reaffirm- criminal penalties—are not banned. American citizen was suspected of ing that these companies should have They could be instituted by the appro- being involved with the enemy—a fifth the lawsuits dismissed. priate jurisdictions with law enforce- column movement, for lack of a better Mr. President, for the record, I thank ment responsibility. term—and there would be no court re- publicly these providers—and they So, Mr. President, there are lots of view was unacceptable to me. know who they are—who came to our other points to consider, and when we If an American citizen is suspected of Nation’s defense in a time of national get on the bill I will be happy to join in collaborating with the enemy, I think peril. Thank you for ensuring that our discussing any further questions that there is a requirement for the Govern- Government could keep Americans are raised. ment to have its homework checked, safe. Thank you for withstanding years Again, I thank my staff, I thank Sen- have a judge authorize further surveil- of frivolous lawsuits that you did not ator ROCKEFELLER and his team for lance in a kind of balanced approach. deserve. But, unfortunately, that has having passed the FISA bill. I am very Once there is a reasonable belief that been your penalty for your patriotism. grateful to Mr. HOYER, the majority an American citizen may be involved You are a big factor in why America leader in the House, whose efforts were with enemy forces, that becomes a has not been hit with another terrorist essential to passing this bill and bring- crime of treason, potentially. attack since September 11, 2001. You ing it to us. We have thanks also for I do think it is appropriate for Con- helped keep us safe for nearly 7 years the ranking member of the House In- gress to pass a statute that would say since that terrible day, and you did so telligence Committee, PETER HOEK- when an American citizen is suspected without legal relief. I thank you, and STRA, who worked with us day in and of being involved with an enemy force, those who stand with me today thank day out on all of the changes that were taking up arms against the United you. The least we can do in Congress is requested. LAMAR SMITH, the ranking States—uniformed or not—the FISA to provide you with the legal protec- member of the House Judiciary Com- statute applies. The inherent authority tions you so rightly deserve. mittee, he and his staff and his team of the Executive to conduct surveil- Now, some Senators would like to worked with us throughout. lance in a time of war is limited, or can strip the providers’ civil liability pro- We have before us not a perfect piece be limited by the other branches of tections in the bill. Some believe the of legislation—I do not think on this Government. thanks these providers deserve should Earth we will ever see a perfect piece Having said that, this idea that at a come in the form of billions of dollars of legislation. But for the challenges time of war you need a warrant to sur- of penalties through frivolous lawsuits we had to go through and the com- veil the enemy, when no American cit- that threaten their business reputa- promises we had to make, this is the izen is involved, is crazy. We have

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.011 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6179 never in any other war gone to a judge phone call, and we need assistance good thing. Our Government was try- and said: We are listening to enemy from the telecom companies to be able ing to find out what enemies of this forces—for instance, two suspected to track the technology that exists Nation were up to before it was too members of al-Qaida, non-American today that is being used by the enemies late. citizens—and we need a warrant. You of the country. We have had a lot of warnings in the don’t need that. That is inherent in the The idea that somebody would want past that were ignored. How many ability to conduct military operations, to sue them because they broke the times do we have to deal with this ter- to monitor the enemy. law, after they have been told by the rorist problem through the law en- Those who want to basically crim- Department of Justice and the Attor- forcement model to only wake up and inalize the war, I disagree in equal ney General their help was needed and find out that we were wrong? The law measure. We are at war, and there is an it was lawful for them to help, misses enforcement model will not work. The effort by our intelligence agencies out the point. law enforcement model punishes people there to monitor phone calls and other What are we trying to do as a coun- after they commit the crime. We are at electronic communications of a very try? Are we trying to avoid the fact war. Our goal is to keep them from at- vicious enemy that is intent on attack- that we are at war by talking about tacking us. The military model is the ing us again. That program has been lawsuits that undermine the ability of one we should pursue. In every other shut down because of this dispute. our country to protect itself? I am very war, the private sector itself has helped We have finally found a compromise much for civil liberties. I don’t want the Government defeat the enemies of which would allow the program to any American, as I said before, to be this country. move forward, protecting American followed by an agency of our Govern- When Senator OBAMA says he would citizens who may be suspected of being ment, suspecting they are cooperating like this provision taken out of the involved with enemy forces, and also with al-Qaida or another terrorist bill—protection for telecommuni- allowing the Commander in Chief and group, and not have the Government’s cations companies from lawsuits—that our military intelligence community work looked at by a judge. I would not he would like that taken out of the to aggressively monitor networks out want that to happen to anybody. If you bill, what he is telling the Senate, the there that wish us harm. In this global think anybody who is an American cit- House, and the country is that this world in which we live, the technology izen is helping the enemy, you ought to deal will fall apart. If we took this pro- that is available to the enemy is dif- be able to go to a judge and get a war- vision out, there would be no deal. Peo- ferent than it was in 1978. So we have rant. But this idea of having the Amer- ple like me would not allow this proc- modernized FISA and made it possible ican telecommunications companies, ess to go forward—and we had to give for our intelligence community to be which were cooperating with the Gov- some. There was a give on the part of able to keep up with the different tech- ernment in a fashion to help our forces the administration and people like my- nologies that enemy forces may be and our intelligence community stay self. There are some programs that I using to communicate. ahead of an enemy, be subject to a civil think are inherent to fighting the war I can assure the American people lawsuit is riduculous. That is not the that now have to be reviewed by the that this program has been of enor- appropriate remedy. court. But that was a compromise. mous benefit, the terrorist surveillance If we allow these companies who have So for Senator OBAMA to come and program. It has allowed us to stay been asked by their Government, say that he would take this provision ahead of enemy activity, and with ter- through the chief law enforcement offi- out is saying that he does not believe rorism you do not deter them by cer of the land, to participate in the in a bipartisan deal on the subject mat- threatening them with death. That is program—if we ask them to participate ter in question. The left has gone nuts something they welcome. Other en- and then sue them, who is going to over there—the hard left. They think emies in the past have been deterred help us in the future? This is pretty this is totally unacceptable. So, appar- from attacking America because they basic stuff for me. If we do not protect ently, he is going to tell them: I don’t know an overwhelming response will these companies from lawsuits that are support this. I am sure that is what come their way. In the Cold War, it was existing out there, when they were they want to hear. But I say to my col- called mutually assured destruction. willing to help the Government—if we league, deals require giving and taking. With terrorist organizations that don’t give them protection, nobody in It requires sometimes telling your would gladly forfeit the lives of men- the future is going to come and help us. friends what they don’t want to hear. tally handicapped young people, and We need all the help we can get. We This is an example, in my opinion, of others, you have no idea what they are need help from banks, telecommuni- trying to tell your friends what they up to, and you just try to isolate them cations companies, and we need help want to hear and positioning yourself the best you can. Finding out what from all kinds of different corners of in a way to look good with the public they are up to and following their the private sector to beat this enemy. in general. movements is essential because you We are all in it together. That is not leadership. Leadership re- have to preempt them before they are The terrorists use banks to funnel quires the common good to trump spe- able to attack. money. Well, the banks can help us if cial interests. It requires political lead- We have a compromise that has come we suspect that an account exists that ers to turn to their allies at times and from the House to the Senate that I is being used by a terrorist organiza- say: No, your suggestion cannot win can live with. The sticking point was tion. We should be able to track that the day because if I give you what you the role our telecommunications com- down. We are all in this together. are insisting on having, there will be panies played in the terrorist surveil- The private sector plays a role in the no movement forward. lance program. It is my understanding war on terrorism. Every citizen can Senator OBAMA is willing to give the that the Attorney General—the chief play a role in the war on terrorism by left what they want. The consequence law enforcement officer of the land— being vigilant. We finally reached a of that would be that the deal would and the Department of Justice gave a deal that would allow the program to fall apart because many people like me letter to the telecom companies in- be reauthorized, protecting civil lib- believe if you allow these companies to volved, saying: Your cooperation with erty and telling the telecommuni- be sued for helping their country, then our intelligence communities and mili- cations companies that helped us: You nobody will come forward in the future tary surveillance program is legal and are not going to get sued. to help their country from the private appropriate, and we need your help be- To my dear friend, Senator SPEC- sector. cause a phone call made in Afghani- TER—his solution is to let the lawsuits In this war, we are going to need sup- stan, because of the global economy in come forward but shield the companies port from the private sector, not only which we live, may be routed through by having the Government take legal in telecommunications but in banking an American system here, and the two responsibility and be subject to being and other areas. So I hope the amend- people talking are not citizens, but sued. That is not the right answer ei- ment to strike the retroactive immu- there may be a telecommunications in- ther. Our Government wasn’t doing a nity for telecommunications compa- volvement in terms of routing of the bad thing. Our Government was doing a nies will be defeated because, if it is

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.012 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6180 CONGRESSIONAL RECORD — SENATE June 26, 2008 passed, the deal fails, the movement Gates so he can tell me how the Pen- was even capable of refueling our mili- forward stops, and America is harmed. tagon plans to respond. I will make it tary’s aircraft by the books. I am here to support the deal. clear that the Air Force cannot go for- These are serious findings. No matter Understand that I didn’t get all I ward with this contract and that I ex- how one looks at it, this competition wanted, but America will be safer if we pect it to follow the GAO’s rec- was anything but transparent. Even can get this program reauthorized. Our ommendations. The Air Force must re- though the Air Force declared its con- civil liberties will be better protected, turn to the original request for the protest was fair, it appears it had its and the ability to understand what our posal, rebid the contract, and get this thumb on the scales for Airbus all enemies are up to will be greatly en- right. along. hanced. Every day that we move for- The difference between what the Air But the last findings could be the ward as a nation with this program Force said about the acquisition proc- most damaging of all of them. If Airbus being compromised is a day that the ess and the GAO’s findings are star- cannot actually prove its tanker can do enemy has an advantage over us. We tling. the job or that it will fulfill its obliga- know what happens if this enemy is On February 29, Sue Payton, who is tions, how can it possibly be awarded not dealt with firmly and quickly. the Air Force’s Assistant Secretary for that contract? They are lethal, they are committed, Acquisition, said at a DOD news brief- Today the Air Force is contem- and they will do anything to harm our ing: plating what to do next. As I said, I way of life. We have been extremely open and trans- think the answer is clear. This con- We have an opportunity to come to- parent. We have had a very thorough review tract should be rebid. I agree with gether as Republicans and Democrats of what we’re doing. We’ve got it nailed. those who have said we need to get and move forward on a surveillance A week later, she told the House Ap- these planes into the hands of our air program that is vital to our national propriations Subcommittee on Defense: men and women as fast as possible. I represent Fairchild Air Force Base in security, and those who want to undo The Air Force followed a carefully struc- this deal because of special interest tured source selection process, designed to Washington State. Those air men and pressure are not exercising the leader- provide transparency, maintain integrity, women fly those refueling tankers. I ship the American people need in a and ensure a fair competition. know how important this decision is to time of war. And throughout the last 4 months, them. With that, I yield the floor. Air Force officials have insisted that This was not an acceptable acquisi- The PRESIDING OFFICER (Mr. they selected the cheapest plane that tion process, and it would be unconscionable to go forward with this selec- BROWN). The Senator from Washington best met their criteria and that they is recognized. made no mistakes. tion without first addressing the ques- Mrs. MURRAY. Mr. President, I ask The GAO’s decision paints a very dif- tions that were raised by the GAO’s de- unanimous consent to speak as in ferent picture of the contest and, as I cision. In order to do that, we must morning business for 10 minutes and said, it raises serious questions about have a competition that is not over- that the time be counted against the how the Air Force conducted this com- shadowed by questions of ethics or bill. petition. The GAO found the Air Force competence, and we have to get the The PRESIDING OFFICER. Without made a number of errors that unfairly right plane. These tankers we are talking about objection, it is so ordered. helped Airbus and hurt Boeing. The refuel planes and aircraft from every REFUELING TANKERS GAO found that the Air Force changed single branch of our military. They are Mrs. MURRAY. Mr. President, 4 direction midstream about which cri- the backbone of our global military months ago when the Air Force an- teria were more important. It did not strength. We need a competition where nounced that Airbus, not Boeing, give Boeing credit for providing a more the criteria are clear, where the par- would supply the next generation of capable plane according to the Air ticipants can earn credit that is spelled aerial refueling tankers, Air Force ac- Force description of what it wanted. out in the contract and there is no quisition officials declared that the Yet it gave Airbus extra credit for of- extra credit that is awarded unfairly, contest had been fair, open, and trans- fering amenities for which it did not and we need a fair evaluation of all the parent. They said they made no mis- even ask. costs. takes, and they boasted that the deci- The GAO found that the Air Force We need to go back and start with a sion could withstand any level of scru- ‘‘treated the firms unequally’’ by help- clean slate, hold a truly transparent tiny. ing Airbus at Boeing’s expense. The competition that does our air men and The Government Accountability Of- GAO found that the Air Force misled women justice. That is what our Amer- fice called all of that into question in a Boeing about whether it had fully met ican taxpayers expect, and our Amer- 67-page decision that shows the Air the requirements in the RFP, all the ican servicemembers deserve nothing Force competition was unfairly skewed while keeping up conversations with less. toward Airbus from the very beginning. Airbus and giving it the correct infor- I yield the floor. I suggest the ab- The decision, responding to Boeing’s mation. sence of a quorum. protest of the Air Force competition, The GAO said the Air Force delib- The PRESIDING OFFICER. The was damning. The GAO described the erately and unreasonably increased clerk will call the roll. contest as ‘‘unreasonable,’’ ‘‘im- Boeing’s estimated costs. When the The bill clerk proceeded to call the proper,’’ and ‘‘misleading.’’ It found mistake was corrected, it was discov- roll. that the Air Force significantly over- ered that the Airbus A330 actually cost Mr. ROCKEFELLER. Mr. President, I estimated the cost of the Boeing tank- tens of millions of dollars more than ask unanimous consent that the order er, that it misled Boeing while helping the Boeing 767. The GAO said the Air for the quorum call be rescinded. Airbus, and that the Air Force selected Force accepted Airbus’s proposals, even The PRESIDING OFFICER. Without Airbus even though the company failed though Airbus could not meet two key objection, it is so ordered. to meet key requirements of the con- contract requirements. First, Airbus Mr. ROCKEFELLER. Mr. President, I tract. It concluded that: refused to provide long-term mainte- am going to talk a little about the But for these errors, we believe that Boe- nance, as was specified in the RFP, FISA amendment and the protection of ing would have had a substantial chance of even after the Air Force asked for it re- civil liberties of Americans. Some peo- being selected for the award. peatedly. Second, the Air Force could ple who are concerned about this bill It is unclear at this point whether not provide that Airbus could refuel all don’t recognize that there have been those errors were due to incompetence of the military’s aircraft according to enormous changes made that specifi- or to impropriety. But one thing is procedure. cally speak to civil liberties, and so I definite: This contest was anything but Let me say that again. The Air Force would like to talk about that. I wish to fair or transparent. selected the Airbus A330 even though take the time to explain how the nego- I want to know how the Air Force got Airbus refused to agree to a key term tiators of the FISA bill have taken this so wrong. I have already asked for in the contract and even though the great care in protecting the constitu- a meeting with Defense Secretary Air Force failed to show that the A330 tional right of privacy of American

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.013 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6181 citizens in crafting this agreement, United States. There are 4 million be legislative authorizations to make which was a heavily discussed and Americans at any given moment who changes, but only if those legislative worked over matter. are outside of the United States, which authorizations are made can there be The FISA Amendments Act of 2008 is equal to the total population of our changes in electronic surveillance. So includes strong protections of civil lib- Nation when it was founded. The re- the definition remains the same—a erties of Americans while still allowing quirement is that the Government ob- good, solid base. the Government to collect the foreign tain a court order prior to targeting The bill requires extensive reporting intelligence it needs to protect the them for any foreign intelligence col- to Congress about the implementation country, literally. Maintaining this lection. So they get the same type of of the new provisions, compliance with balance between civil liberties for protection as does anybody in the the prohibitions in the bill—that is im- Americans and protecting our Nation United States. That is a first. Before, portant; we have not had that—and the against foreign attack was obviously the Attorney General could pretty impact of the new provisions on U.S. my utmost priority, as well as Senator much just say: We want to target these persons. BOND’s, during the lengthy negotiation people overseas, and there was no court The bill sunsets on December 31, 2012, process that produced what I think is involved, there was no approval process a date which ensures that the reau- historic legislation in modernizing involved legally. Now that cannot hap- thorization of the FISA bill will be ad- FISA for the first time in 30 years. pen. So they are protected, indeed, the dressed, in fact, by the next adminis- The FISA bill protects Americans in same as anybody in the United States. tration. a lot of ways by ensuring FISA Court The bill requires the court to make In addition to protecting the civil involvement in any aspect of the new an individual determination of prob- liberties of Americans in the new pro- procedure for targeting foreigners out- able cause before a U.S. person over- cedures, the bill seeks to prevent any side the United States that could in- seas may be targeted for any electronic future circumvention of FISA and to volve U.S. persons. It does so in four surveillance or other foreign intel- ensure that Congress has a complete significant ways: ligence collection. Each court order is set of facts about the President’s sur- First, the bill requires the FISA valid for no longer than 90 days. This is veillance program. Well, one might question: How does Court to approve procedures used to dean important new protection that has that happen? In title III of the FISA termine whether the foreign target of never before been in place. the surveillance is outside of the Apart from the court review I have bill that is before us, we direct the inspectors general of relevant agencies— United States. The court’s assessment detailed, the FISA bill also protects and that is a whole bunch of intel- of the adequacy of these procedures the privacy interests of Americans ligence agencies—to complete a com- will ensure that the new authorities through other provisions. prehensive review of the President’s cannot be used for domestic surveil- The bill prohibits the new procedure warrantless surveillance program. lance. for targeting foreigners outside the Second, the bill requires the court to United States from being used to tar- Then, within a year, the inspectors approve the procedures used to address get anyone inside the United States or general must submit an unclassified re- any incidental acquisition, retention, from being used to acquire entirely do- port to Congress, with a classified annex, if necessary. This IG review pro- or dissemination of U.S. person infor- mestic communication. The way it is vides an important vehicle for ensuring mation. These procedures protect the now—and it is called reverse tar- that a comprehensive set of facts about privacy of any Americans who might geting—within the United States, you the President’s program is available to be in contact with a foreign target. take out of the air some communica- Congress and, to the extent the classi- Third, by explicitly asking the court tion of somebody overseas who may be fication permits, to the American pub- to assess whether the procedures com- contacting somebody in the United lic itself. ply with the fourth amendment, the States, and that potentially puts the A comprehensive review of the Presi- bill requires the court to determine U.S. person at risk. That is reverse tar- dent’s program is particularly impor- whether the privacy interests of U.S. geting. So there is a prohibition now tant given the possibility the courts persons are, in fact, adequately pro- which explicitly includes reverse tar- will dismiss ongoing litigation due to tected. geting, where the purpose of targeting title II. It also ensures that account- Finally, the bill requires the court to somebody outside the United States is ability for the program will be directed approve targeting and minimization to target somebody in the United at the Government, where it belongs. before collection begins, in most in- States. I know it is complicated, but it To ensure that the Government never stances. The court would be required to is important. again relies on an inapplicable statute review and approve the procedures at Because of the importance of the pro- to argue that warrantless wiretapping least annually. This is called prior ap- hibitions in the bill, the bill requires is permissible, the bill strengthens the proval, and it was something that was the Attorney General to adopt guide- requirements that FISA and specific not welcomed by some, but through the lines that ensure that the Government chapters of title XVIII are the exclu- negotiation process, the prior approval obtains individual court orders when sive means by which electronic surveil- process was incorporated in the bill, required and does not engage in any lance and criminal law interceptions and it means that the court has to ap- prohibited conduct, such as reverse tar- may be conducted. The act provides prove targeting and minimization be- geting, which, in effect, disappears that in addition to the specifically list- fore collection. The Director of Na- from the lexicon of telecommunication ed statutes, only an express statutory tional Intelligence and the Attorney collection. The bill also requires the authorization passed by the Congress General would only be able to proceed Attorney General and the Director of for surveillance or interception may prior to a court order if emergency cir- National Intelligence to certify to the constitute an additional exclusive cumstances exist but for a period of FISA Court, under oath, that the ac- means for that surveillance or for that time no greater than 7 days before quisition complies with the prohibi- interception. It is a very strong protec- being required to seek the approval of tions in the bill and that the proce- tion against abuse. the court and no more than 30 days dures and guidelines are consistent Finally, the bill clarifies that crimi- while the court is considering the re- with the requirements of the fourth nal and civil penalties can be imposed quest. Sometimes, but very rarely, amendment. for any electronic surveillance that is emergencies do take place. To ensure there are no unintended not conducted in accordance with FISA The FISA bill also provides unprece- consequences relating to when a war- or the specifically listed criminal dented new privacy protections for rant must be obtained under FISA or intercept laws. Americans abroad. This may be the how information obtained using FISA In summary, the FISA bill has a mul- most important part. For the first can be used, the bill does not change titude of statutory provisions that pro- time, Americans traveling or working the definition of ‘‘electronic surveil- vide the judicial and congressional abroad are entitled to the same protec- lance’’ in FISA. It is left exactly as it oversight that is essential to pro- tion from surveillance and search that is. People say: Well, why is that? Ev- tecting the civil liberties of all Ameri- they would have if they were in the erything has changed. Well, there can cans, both here and abroad. They were

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.015 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6182 CONGRESSIONAL RECORD — SENATE June 26, 2008 not protected abroad. They are now. She was a great lady. She passed through 2014. Governor Sheffield’s vi- The House did not pass this bill be- away on June 10 in our hometown of sion for this expansion of the State of cause they believed there was an insuf- Anchorage, AK, surrounded by her fam- Alaska’s largest port will not only ficiency of civil liberty protections— ily. I had the honor to be with her for serve Anchorage, but nearly the entire and they may have been right. So we part of that time. I speak for all of us geographic area and population of our hammered these out in long meetings and many more when I say this. There State. Mr. President, over 90 percent of in which the White House, all the intel- is a hole in our lives that will never the goods that come into my State ligence agencies, and the leadership— quite be filled. Ellie left us with won- come through the Port of Anchorage. Republican and Democratic—of the derful memories. Through these, she Furthermore, this expansion will serve House and the Senate were there. will live on. the national defense needs of the It is a much stronger bill. People will Every time I hear Willie Nelson I am United States by providing vital trans- argue that people like me talk about a going to remember Ellie. She loved portation support and access to four balance between being able to collect— Willie Nelson. I think the only dif- major military installations in Alaska, which is the only way you are going to ference she had with Willie is she hoped including the Stryker Brigade at Fort know if you are going to be attacked— her children, her babies, would grow up Wainwright. I am proud to have sup- or civil liberties. So people tend to go to be cowboys. ported the port expansion project and I all the way this way or all the way LEAVE OF ABSENCE am proud of Governor Sheffield and the that way, not recognizing or not being Mr. President, I ask unanimous con- work he is doing for Alaska and all of willing to accept that there can be a sent I be excused from attendance of the United States. balance. We have created that balance the Senate following today’s session, Governor Sheffield’s continuing serv- in our bill. I am proud of that. It is one until the first vote in July. ice does not end with the Port of An- of the many reasons I am for the bill. The PRESIDING OFFICER. Is there chorage. Additionally, he is a trustee I yield the floor. objection? of Alaska Pacific University, a member The PRESIDING OFFICER. The sen- Without objection, it is so ordered. of the advisory board of ENSTAR Nat- ior Senator from Alaska is recognized. HONORING WILLIAM SHEFFIELD ural Gas, a charter member of Com- HONORING ELLADEAN HAYS BITTNER Mr. STEVENS. Mr. President, I rise monwealth North, past chairman of the Mr. STEVENS. Mr. President, I never today to pay tribute, on his 80th birth- Federal Salary Council and a member thought I would have this occasion, but day, to a great American and a great of the board of directors of the Alaska I want to speak today to honor the life Alaskan, Governor Bill Sheffield. My Railroad and formerly the railroad’s of a great woman, my mother-in-law, friend Bill Sheffield was the Demo- president & CEO. As Governor, Bill Elladean Hays Bittner. cratic Governor of Alaska from 1982–86, Sheffield was instrumental in saving Ellie was born February 1, 1919, in which was just a short episode in a life- the Alaska Railroad, purchasing it Phoenix during the great flu pandemic. time of service to Alaska both in gov- from the Federal Government and then She often remarked on why she had no ernment and in the private sector. providing the necessary investment in birth certificate—the hospital did not Governor Sheffield came to Alaska in Alaska’s infrastructure to assist in our expect her to survive. 1953, the same year I moved to our development. In recognition of his Ellie grew up and worked on her fam- great State, to handle television sales service to the railroad and to the State ily’s ranch in Arizona. She studied for Sears and Roebuck. His exceptional of Alaska, the Alaska Railroad Depot home economics at the University of intellect and work ethic were easily at the Anchorage International Airport Arizona, graduating in 1939. During col- recognized. Quickly, he took leadership was named after Governor Sheffield in lege, she rode with the U.S. Army cav- positions in the Chamber of Commerce 1999. alry and was chosen to be a member of and other business groups in Alaska, Most importantly to Alaskans, Bill is the Mortar Board, a national honor so- eventually becoming president of the also a skilled fisherman and avid out- ciety. Alaska State Chamber of Commerce doorsman. A love of bush Alaska runs Ellie married William-Bill-Edward and, in 2006, being awarded the Life- through every aspect of this man. I Bittner in 1944 in Arizona. They time Achievement Award in Business know firsthand of his love for the bush honeymooned to Alaska, traveling by by the Alaska Business Monthly. By areas of our home State. He and I have Alaska steamship and train to Anchor- 1960, he had entered the hotel industry enjoyed many days together out on the age to meet her in-laws. In 1950, Ellie by purchasing his first hotel in Anchor- water whether fishing for salmon on moved to Alaska with Bill and their age. The day before the Good Friday the Kenai River or elsewhere in Alas- children, Catherine—my wife, William, Earthquake in 1964, Bill Sheffield had ka. and Judith. Ellie worked for the An- just opened a new hotel, but it would In this Chamber today, we see a lot chorage school district, teaching home take more than that earthquake to of partisan fighting. One of the great- ec. She started a boys’ cooking class stop Bill. His hotel business continued est qualities of my friend Bill Sheffield and an early childhood education pro- to grow until he owned 16 hotels is the ability to get past the labels of gram. throughout Alaska and the Yukon Ter- Democrat and Republican. Bill Shef- Governor Hickel appointed Ellie to a ritory. field is a lifelong Democrat. While he position with the Alaska Department As Governor, Bill Sheffield was fo- was the Governor of Alaska and I was of Education. She traveled extensively, cused on ‘‘Bringing the State To- here in Washington as Senator, we al- interviewing women in remote villages gether,’’ the theme of his campaign. ways found a way to work together. As and towns and published a study that His reputation as a problem-solver and Governor, Bill Sheffield was able to was a pioneer effort to identify eco- his pledge to unite Alaskans resulted identify what needed to be done for the nomic opportunities for women. in a landslide victory. Governor greater good of Alaska. More impor- Ellie and Bill were very active in Sheffield’s experience as a businessman tantly, he pushed aside the partisan- Alaska, entertaining frequently at served him and Alaskans well during ship, went ahead and did what needed their downtown log house in Anchorage his time in the Governor’s Office. His to be done for Alaskans. In both busi- and flying all over the territory in efforts reduced excessive spending in ness and government, Governor Shef- their Cessna 180 with their children. State government and helped save field is a leader and a doer. He is a fine The family began splitting their time Alaska’s natural resources for the use example for all of us. I am honored to between Alaska and Arizona in the of all Alaskans for generations yet to count Bill Sheffield a friend and I hope 1970s and Ellie returned to ranching. come. the entire Senate will join me in wish- She established the ‘‘Quien Sabe’’ out- After leaving government, Governor ing him a happy 80th birthday. Happy fit, which she was featured with in 2002 Sheffield continued his service to Alas- birthday, Billy. at the Cowgirl Museum and Hall of kans, taking seats on several private Ms. MURKOWSKI. Mr. President, it Fame, and is included in ‘‘Hard Twist’’, and nonprofit boards of directors. Cur- is with great honor and respect that a book on western ranching women. rently, he is the director of the Port of today I acknowledge the 80th birthday Ellie remained active in ranching until Anchorage, where he has developed a of a great friend and leader in Alaska. her death. master plan for expansion of the port Governor William ‘‘Bill’’ Sheffield has

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.017 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6183 been a leader in business and govern- rolls up their sleeves and works with them more options after they leave ment for most of the 55 years he has anyone who is also dedicated to achiev- school. One of the most important pro- lived in Alaska. He served as Governor ing important goals for the greater visions of the bill is a new income- from 1982 to 1986, following a business good. Whether in business, politics, based repayment program that will career in which he built a company education or many other endeavors allow students to pay their debt as a that became one of the largest private that have benefited so many people, he percentage of their income. This initia- employers in Alaska and the Yukon is a leader and example for all of us. tive, along with the Public Service Territory. I would also be remiss if I didn’t men- Loan Forgiveness Program, will help Governor Sheffield came to Alaska in tion that Bill is an excellent duck students manage their debt and allow 1953 as a regional sales representative hunter, fisherman and avid outdoors- them to pursue careers in public serv- for Sears Roebuck in charge of tele- man. Mr. President, I am proud to call ice without fear of student loan pay- vision sales and service. He became one Bill Sheffield a friend and I hope the ments they simply cannot afford. of the top salesmen in the nation dur- entire Congress will join me in wishing In April, I held a Health, Education, ing the 1950s and began his leadership him well on the 80th anniversary of his Labor, & Pensions Committee public in business groups such as the Jaycees birth. Happy Birthday, Bill. hearing at Ohio State University to and the Chamber of Commerce. In 1960, Mr. President, I suggest the absence discuss student debt issues. One of the he purchased an Anchorage hotel, and of a quorum. witnesses we heard from was a young founded Sheffield Enterprises. In 1964, The PRESIDING OFFICER. The woman from Cincinnati whose dis- literally the day before the great Alas- clerk will call the roll. traught mother wrote me about the ka earthquake of March 27, 1964, he The bill clerk proceeded to call the crippling debt her daughter had ac- roll. opened a new hotel in Anchorage. This crued trying to pay for college. Mr. BROWN. Mr. President, I ask began an expansion that eventually She testified she never believed an unanimous consent that the order for education could cost so much and how saw his company grow to 16 hotels with the quorum call be rescinded. 750 employees. He sold the company in The PRESIDING OFFICER (Mr. she worried about how she was going to help her family and advance her career 1987 to Holland America Line-westours, TESTER). Without objection, it is so or- one of the major players in Alaska’s dered. now that she was saddled with so much growing tourism market. While in busi- Mr. BROWN. Mr. President, I ask student loan debt. ness, Sheffield served as president of unanimous consent to speak for up to As I said, as I travel the State, I hear the Alaska State Chamber of Com- 10 minutes as in morning business. stories such as these from students and merce and the Alaska Visitors Associa- The PRESIDING OFFICER. Without parents who tell me it is becoming tion. objection, it is so ordered. harder and harder to afford a college As a candidate for Governor in 1982, STUDENT AID education for those Ohioans, for mil- Bill Sheffield’s theme was ‘‘bringing Mr. BROWN. Mr. President, as I trav- lions of others across this country. the state together’’, a reference to a el my State, I have held close to 100 This bill will finally provide some pair of divisive ballot initiatives that roundtables of 15, 20 people gathered much-needed relief. I would add that as same year. His message of inclusion together as a cross section of the com- Governor Strickland, the new Governor and cooperation helped him win the munity in some 65 or 70 Ohio counties. of the State who has been in office governorship in a landslide. Governor I hear more and more people talking some 17 months or so, has frozen tui- Sheffield then turned his attention to about how difficult it is for middle- tion at public universities, which has curbing the runaway growth in State class kids, for kids from working fami- made a big difference, obviously, in the government, promoting efficient busi- lies, especially for first-generation and affordability of college. And coupled ness-style management of public works potential first-generation students with what the State is trying to do now projects and saving more of Alaska’s being able to go to college. in Ohio, after the State did very little energy revenues for future generations. We have made some progress in the to rein in college costs, coupled with Currently, Governor Sheffield serves Senate in the 15, 16, 17 months since what we are doing here, it will make a as port director of the Port of Anchor- the Presiding Officer and I and others big difference, particularly for first- age, where he oversees a critical and have been in this body. One was the generation students, but for all people all-encompassing port expansion. The College Cost Reduction Act, an invest- who want to go to college whose par- port is a military strategic port and ment in America’s students. It was a ents do not make quite enough for serves 80 percent of Alaskans with 90 promise that I and my other freshman them to be able to afford it. This is a percent of their goods. He is also a colleagues campaigned on 2 years ago. major step, a positive step, in changing trustee of Alaska Pacific University, a We have delivered. the direction of our country. member of the advisory board of The increases in student aid that are I yield the floor. ENSTAR Natural Gas, and a charter beginning to go into effect next week The PRESIDING OFFICER. The Sen- member of Commonwealth North, one are a downpayment of America’s future ator from Illinois. of Alaska’s leading public affairs prosperity, on its future competitive- Mr. DURBIN. Mr. President, I ask forum. He is the past chairman of the ness. This investment could not have unanimous consent to speak as in Federal Salary Council; recently he re- come at a better time. With college morning business. ceived the Lifetime Achievement costs at an alltime high, neither stu- The PRESIDING OFFICER. Without Award in Business from the Alaska dent aid nor family incomes have been objection, it is so ordered. Business Monthly; the former president able to keep up. MEDICARE ADVANTAGE and CEO of the Alaska Railroad Cor- In my home State of Ohio, between Mr. DURBIN. Mr. President, pending poration and now serves on its board of 2001 and 2006, the cost of attending col- before the Senate is an important directors. In recognition of his service lege increased 53 percent at 4-year pub- measure about compensating medical to the railroad and to the State of lic colleges and universities, and al- providers who treat Medicare patients. Alaska, the Alaska Railroad Depot at most 30 percent at 4-year private col- Medicare patients, of course, are the the Ted Stevens International Airport leges, 53 percent at public universities, elderly and the disabled. This program was named in his honor in 1999. close to 30 percent at 4-year private that was started over 40 years ago Governor Sheffield has always be- schools. reaches 40 million Americans. It is an lieved that wisdom comes with the ex- During this same period, the median important lifesaver. It is a lifeline for perience of making your own payroll. household income in Ohio increased many people who have reached a point He credits his success in business and only 3 percent. In the 2004–2005 school where they can no longer afford to pay government from having the experi- year, 66 percent of students graduating for their own major medical bills. ence of workers depending on him from 4-year institutions in my State Many of these people are on fixed in- alone for their paycheck. graduated with student loan debt. The comes. Many of these folks have no Lastly, Bill Sheffield, a lifelong Dem- average debt was $20,000. health insurance, other than Medicare. ocrat, is one of the best examples of This bill will help students manage They are desperate to find the kind of someone who puts partisanship aside, the debt they are incurring and give care they need.

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.022 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6184 CONGRESSIONAL RECORD — SENATE June 26, 2008 Medicare, a program that was once ing from the Republican side of the of the insurance industry, not for the criticized as being too much govern- aisle. They refuse to let us cut any re- health benefits of Medicare patients. ment and socialism, has turned out to imbursement to the private health in- This report confirms the deal that was be one of the most valuable programs surance companies that charge more offered to Medicare beneficiaries and the Federal Government offers. For 40 for the same services that Medicare is American taxpayers by these private million Americans, it means they have providing. plans is even worse than we thought. the peace of mind that when they are So we have reached an impasse. It is Yet today, on the Republican side of sick, there is a place to go and someone an impasse that has to be broken to the aisle, they are objecting to this fix to pay for it, that they will not sac- the benefit of Medicare beneficiaries. I in Medicare to protect these private rifice their savings and everything think we should be guided in breaking health insurance plans that have been they have because of a medical catas- it by what happened in the House of found over and over again to charge trophe. There is a suggestion of cutting Representatives by a vote of 355 to 59. too much, to be abusive in their mar- the compensation to Medicare pro- Private fee-for-service plans are paid keting and, frankly, to provide less viders by 10 percent. The fear is, if we more than what it costs to treat the medical care than they promised. cut that pay to these Medicare pro- same Medicare patient in the tradi- In this report, for the first time in viders, fewer doctors will take Medi- tional Medicare Program. We are pay- the history of the Medicare Advantage care patients; they will decide that the ing these private insurance companies Program, GAO compared the private economic benefits are with other pa- more than the ordinary Medicare reim- plans’ projected spending on medical tients who might be paying more bursement. care and profit margins with their ac- through private health insurance or For some on the other side of the tual profit margins and spending on even out of their own pockets. aisle, this is all well and good. They medical care. They found that in 2005, We have a deadline. On July 1, this want to privatize Medicare. They want the Medicare Advantage plans pro- 10-percent cut goes into place. We have to end this so-called Government jected spending 90.2 percent of total been trying, week after week, month health insurance plan. I am not one of costs on medical services but actually after month, to pass in the Senate a those. After more than 40 years of suc- spent 85.7 percent. By spending less on provision that will protect these Medi- cess in Medicare, I don’t want to see helping Medicare patients, these plans care providers from this proposed cut this program go away. This program increased their profits. That is what it of 10 percent. Imagine, if you will, that has been a lifeline when all else has is all about—giving the Medicare pa- seniors who have doctors’ appoint- failed. Medicare Advantage plans, tients as little as possible. ments in the first or second week of those private health insurance com- These private health insurance plans July call to find that the appointments pany plans I talked about, cost tax- are big winners when it comes to mak- have been canceled because their doc- payers, on average, 13 percent more ing money but at the expense of med- tor no longer takes Medicare patients. than Medicare for the same benefits. ical care for the Medicare patients. I don’t want that to happen in Illinois. Private fee-for-service Medicare Ad- These are the same companies Repub- I don’t think it should happen any- vantage costs even more, 19 percent. licans are trying to protect by object- where across this country. This payment disparity gives private ing to our fixing this Medicare reim- A bill comes through the House of fee-for-service plans a competitive ad- bursement problem. Representatives which proposes that vantage over traditional Medicare. In It is a shame we are putting the we stop this 10-percent cut and make other words, they can offer a little bit health of America’s seniors on the line sure Medicare does not suffer this more, some bells and whistles, and for the profit of a handful of private in- change and that the Medicare bene- they charge dramatically more when it surance companies. The Bush adminis- ficiaries are not disadvantaged. The comes to billing taxpayers and the tration is disguising the truth. They vote was called earlier this week in the Government for their services. We are claim the Medicare Advantage plans House of Representatives. The final trying to trim that back a bit. are helping, when they aren’t doing a vote was 355 to 59. By a margin of 5, or The howls and screams from the good job. This GAO report is more evi- 6 to 1, a bipartisan vote in the House of other side of the aisle come because dence of waste and abuse in this pro- Representatives, they voted to take they want to protect these private gram, evidence which those who object care of this problem and do it now be- health insurance companies. These un- to our moving forward refuse to even fore the July 1 deadline kicks in. The justified higher payments are fueling read or acknowledge. The changes in bill that passed in the House is sup- large increases in enrollment in these this bill are modest. They are nowhere ported by physicians, consumer groups, types of plans that charge more be- close to payment cuts the House ap- pharmacists, hospitals, and many oth- cause they offer a little bit more here proved earlier this year. What Repub- ers. Who opposes this bill? Two groups. and there. Even CMS has been con- licans and the White House are object- I should say two entities—the health cerned about the marketing practices ing to is taking away another special insurance industry and the White of these private fee-for-service plans. advantage that private fee-for-service House. Why? Because the bill provides Understand, these private health insur- plans have been given, the ability to for savings from private fee-for-service ance companies, trying to enroll Medi- deem a doctor or hospital as part of its Medicare plans. In other words, the ad- care beneficiaries into their private necessary work. This bill merely re- ditional 10 percent that is going to be health insurance alternative to Medi- quires private fee-for-service to enter paid to these Medicare providers, part care, are going door to door, using tele- into contracts with health care pro- of it at least is offset by saying that phone, mail, soliciting many seniors. viders, as all other private Medicare private health insurance companies are Some of them are misled. Some of plans already do. This reform is good going to receive less in reimbursement them are confused by the solicitations. for patients, good for health care pro- for treating Medicare patients. There is outright fraud taking place. viders, and good for taxpayers. Why should they receive less, you There have been numerous reports of The overwhelming vote in the House ask? Because the so-called Medicare sales agents using strong-arm tactics for this bill shows Congress will no Advantage plans, private health insur- to enroll Medicare beneficiaries in longer allow the Bush administration, ance plans providing benefits that look these plans without the beneficiaries as it is packing to leave town over the a lot like Medicare, charge more than understanding how the plans differ next 6 months, to protect the health the Medicare plan, 12 to 13 percent from traditional Medicare. insurance industry at the expense of more. Those aren’t figures dreamed up Yesterday, the Government Account- Americans, our families, and Medicare by Congress. They come to us from the ability Office released a report that beneficiaries. executive branch of Government. We shows that private Medicare Advantage I urge my colleagues, support the suggested some savings in the amount plans spent less on medical care than Medicare Program, make sure Medi- of money paid to private health insur- they report to the CMS which, in turn, care providers are adequately funded. ance companies and the resistance earned them $1.14 billion in additional Don’t stand in defense of private health comes, obviously, from those compa- profits over what was expected. This is insurance at the expense of this valu- nies, the White House, and this morn- money going directly into the pockets able program.

VerDate Aug 31 2005 03:32 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.023 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6185 I yield the floor. few years has made me more certain should certainly try to incentivize The PRESIDING OFFICER. The Sen- than ever that this legislation is nec- bringing more green energy to the ator from Wisconsin. essary. When I first introduced this United States. That is the reason we UNANIMOUS CONSENT REQUEST—H.R. 2264 legislation in June 2000, the worldwide introduced this bill, and it is the rea- Mr. KOHL. Mr. President, I rise price of crude oil was $29 per barrel. It son there was such a strong vote on it. today to ask unanimous consent that has now more than quadrupled. How There have been a couple of objec- the Senate take up the No Oil Pro- much longer must consumers wait for tions as to why we should not include ducing and Exporting Cartel Act, us to take action? I believe we need to this amendment on the housing bill. It NOPEC. This legislation will authorize take action now. has been said that this amendment has our Government, for the first time, to I ask unanimous consent that the nothing to do with housing. I would beg take action against the illegal conduct Senate proceed to the consideration of to differ. First of all, the stronger the of the OPEC oil cartel. It is time for Calendar No. 169, H.R. 2264, at a time to economy, the more people will be able the U.S. Government to fight back on be determined by the majority leader, to afford to buy and retain homes. This the price of oil and hold OPEC account- following consultation with the Repub- renewable energy tax bill literally will able when it acts illegally. Our amend- lican leader, and that the bill be con- produce probably 100,000 to 200,000 jobs ment will hold OPEC member nations sidered under the following limita- in the United States and billions of dol- to account under U.S. antitrust law tions: that no amendments be in order lars worth of investment in the United when they agree to limit supply or fix to the bill; that there be 2 hours of de- States. When people have jobs, there is price in violation of the most basic bate, with time equally divided and a better chance they can afford homes. principles of free competition. controlled between the leaders or their Second, there are many provisions in NOPEC will allow the Attorney Gen- designees; that upon the use or yield- our renewable energy tax bill that di- eral to file suit against nations or ing back of the time, the Senate pro- rectly relate to housing. My amend- other entities that participate in a con- ceed to vote on passage of the bill with- ment provides incentives to expand en- spiracy to limit the supply, or fix the out further intervening action or de- ergy efficiency in new homes, existing price, of oil. In addition, it will specify bate. homes, and appliances used in homes. that the doctrines of sovereign immu- The PRESIDING OFFICER. Is there For example, if you want to invest in nity and act of state do not exempt na- objection? solar energy in your home, if you want tions that participate in oil cartels Mr. DOMENICI. I object. to help the country out by taking some from basic antitrust law. This legisla- The PRESIDING OFFICER. Objec- of your electricity demand off of the tion will not create any private right tion is heard. power grid and actually produce your of action nor require any action by the The Senator from Nevada. own electricity with solar energy in Attorney General, it will simply give CLEAN ENERGY your home, we have tax credits to en- the administration the option to bring Mr. ENSIGN. Mr. President, in the courage this activity. If somebody is an antitrust action against OPEC last few days, we have been talking building a more energy-efficient home, member nations. Passage of this legis- about the housing bill. Last night I got we have tax credits in there to do that. lation will mean that OPEC member to speak as I had the day before about In addition, we encourage the produc- nations will face the possibility of real an amendment I have been trying to tion of more energy-efficient appli- and substantial antitrust sanctions get onto the housing bill. I would like ances for your home. So this amend- should they persist in their illegal con- to speak about the importance of that ment is directly related to housing. duct. One of the other provisions the man- I have introduced this legislation in amendment, once again. This country is facing high energy agers of this bill—and especially the each Congress since 2000. This legisla- costs right now, with gasoline over $4 a Democratic leadership—do not want tion passed the full Senate by a vote of gallon. Home heating oil is being af- 70 to 23 last June as an amendment to this amendment attached to the hous- the energy bill before being stripped fected by the price of energy. Natural ing bill is that it is ‘‘not paid for.’’ from that bill in the conference com- gas prices have gone up by over 70 per- Well, there are already $2.4 billion in mittee. The identical House version of cent. It is affecting literally every sin- tax-related items that are not paid NOPEC passed the other body as stand gle family and business in the United contained in this housing bill. I will alone legislation in May 2007 by an States. We need to have a broad-based not go into the details because they are overwhelming 345 to 72 vote. It is now approach to finding all the sources of fairly complicated, but know there is time for us to at last pass this legisla- American energy we can possibly find almost $2.4 billion in unpaid-for tax in- tion into law and give our Nation a to help make us less dependent on Mid- centives in this bill. long needed tool to counteract this per- dle Eastern oil and other energy sup- The Democratic manager of this bill nicious and anticonsumer conspiracy. plies coming from outside the United said the Democrats in the House of As we consider the causes of rising States. It is important for our national Representatives would not go for our gas prices—now exceeding the once un- security, and it is also important for particular renewable tax credit legisla- thinkable $4 per gallon level, up 74 per- our economic security. tion because it was not paid for, that cent since the beginning of last year— The amendment I wanted to offer to there were too many Democrats in the one fact has remained conistent—any the housing bill deals with alternative House of Representatives who would move downwards in price ends as soon renewable energies. These are energies object to it. Well, how do they expect as OPEC decides to cut production. such as solar, wind, geothermal, and $2.4 billion in other tax incentives that And whIle the OPEC nations enjoy many others. This amendment is iden- are not paid for to be accepted over their riches, the average American con- tical to a bill Senator MARIA CANT- there and then argue that ours would sumer suffers every time he or she vis- WELL, a Democrat, and myself worked not be accepted as well? So I think we its the gas pump or pays a home heat- on together. In total, 45 Members have should do absolutely everything we can ing bill. The Federal Trade Commis- cosponsored this bill. We actually of- at this time—with high energy prices sion has estimated that 85 percent of fered this legislation as an amendment on gasoline, home heating oil, and nat- the variability in the cost of gasoline is to housing bill the last time that bill ural gas going up in the United the result of changes in the cost of was on the Senate floor in April. States—we should do everything we crude oil. At that time, our amendment passed can to get Senator CANTWELL’s and my The most fundamental principle of a with 88 yea votes and only 8 nay votes. amendment on renewable energy tax free market is that competitors cannot Rarely does something around this credits put onto this housing bill. be permitted to conspire to limit sup- body pass 88 to 8 in such a bipartisan Another reason it is important to ply or fix price. There can be no free fashion in these partisan days. We have this amendment on this bill, in- market without this foundation. And should take advantage of that biparti- stead of waiting for another bill in the we should not permit any nation to sanship and do something right for the future, is that a lot of the contracts flout this fundamental principle. American people. and the financing of renewable energy Mr. President, the suffering of con- Not only do we want more American projects—whether they are solar, geo- sumers across the Nation in the last energy, but whenever we can, we thermal, wind, or any of the other

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.024 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6186 CONGRESSIONAL RECORD — SENATE June 26, 2008 clean energy we have in the United The PRESIDING OFFICER. Without was nervous not only about writing the States—it is critical for the financing objection, it is so ordered. remarks but also about enough time of these projects that we have predict- PAUL LAURENCE DUNBAR away from his job as an elevator operability and we get the Clean Energy Mr. BROWN. Mr. President, I rise ator to give them. Tax Stimulus amendment done as soon today to honor the birth of Paul Law- As Jean Gould describes in her book, as possible. For each quarter that rence Dunbar. ‘‘That Dunbar Boy″: passes—and the Senator from Wash- It was the African-American poet Speaking to the Western Writers Con- ington has spoken eloquently about Maya Angelou who made the verse ‘‘I ference afforded Paul his first opportunity to this—that is more projects that do not know why the caged bird sings’’ widely be heard by writers beyond the Dayton re- get financed. Projects will not always famous, but it was Paul Laurence Dun- gion, a special birthday gift that began the be financed in the future if they have bar from Dayton, OH, who penned that launching and the cementing of his writing lost their financing now. Investors lose career. His welcoming address received a powerful poem more than a century burst of eager applause as he bowed and confidence. ago. That seems to be the true story of made a dash for the backstage exit of the So we need to have predictability, Paul Lawrence Dunbar, as a trailblazer Opera House—he was due back at the Cal- and we need to enact my amendment who paved the way for later genera- lahan Building as the elevator operator in soon as possible. The housing bill, ev- tions of African-American poets and just 10 minutes! erybody around here knows, is going to writers. This experience for Paul underscored be one of the few bills that will be While academics continue to debate his love of writing and his desire to signed into law this year. So we need Dunbar’s stature in the pantheon of make it his career. Soon after, he pub- to have the renewable energy tax cred- American poets, there is wide agree- lished his first book of poems, ‘‘Oak its on a bill that is going to be signed ment that he is a seminal figure in Af- and Ivy.’’ into law. If we actually care about ad- rican-American literature, the first to It was on June 27, 1896, that William vancing use of renewable energy in this achieve national—and some would Dean Howells, a prominent literary country, if we care about jobs in the re- argue international—recognition critic of the times, published a column newable energy sector of our economy, among African Americans. in Harper’s Weekly enthusiastically then we need to have this amendment Paul Lawrence Dunbar was born into praising Dunbar’s second book, ‘‘Ma- passed into law. meager circumstances in Dayton, OH. jors and Minors.’’ The Democratic leader has already His birthday we honor tomorrow on Howell stated: said he is going to pull the bill and we June 27, 1872. He was the son of former are going to come back to the housing There has come to me from the hand of a slaves who escaped to freedom. He was friend, very unofficially, a little book of legislation after the Fourth of July raised by his mother Matilda, who had verses, dateless, placeless, without a pub- break. I encourage all Americans to little to give him in terms of material lisher, which has greatly interested me. contact their Senators and Representa- wealth. Her job as a washer woman So that established Dunbar as a natives in the House, and let their voices provided little more than food and tional literary figure. From there, he be heard that this is an important clothing for Paul and his four brothers went on to write four collected vol- issue to them. Write in, e-mail—do all and sisters. Instead, she instilled in umes of short stories, four novels, the types of things that are necessary him something much greater. Paul’s three published plays, lyrics for 12 to participate in our democratic proc- mother taught him the arts of song and songs, 15 books of poetry, 400 published ess, to say yes to renewable energy, to storytelling and instilled in her son a poems, 200 unpublished poems, un- say yes to jobs in America. lasting love of poetry and literature. Let’s put this amendment on the counted essays on social and racial top- Because of his mother, the poet fell in housing bill when we get back after the ics in periodicals and newspapers in a love with the power of words at a very Fourth of July recess. Let’s do it as career of less than 13 years. early age, some accounts having him quickly as possible. Let’s get the House Literary critics to this day continue reciting and writing poetry as early as of Representatives to cooperate with us to debate Paul Lawrence Dunbar. It age 6. This love for literature grew over on something that is good for America. has been argued that the author should the years as his mother encouraged I happen to be a Republican Senator be considered one of the earliest cru- him to read and reinforced the impor- but this is a bipartisan issue. In fact, saders for equal rights and that his this should be nonpartisan. This should tance of school. work belongs in the long tradition of By the time young Paul reached high be something that is done forgetting protest writing. Other critics argue school, he was the only African Amer- about whether you are a Republican or against this sort of designation—a con- ican in his class at Dayton Central Democrat. Let’s do something that is troversy that speaks to the complexity High. While he faced so many difficul- good for America. Let’s do more of that and richness of his writing. ties because of his race, he achieved so around this place, and I think we will There is no debate that Paul Law- much during this time in his life. In all be better off for it. rence Dunbar and his works have en- I conclude by imploring my col- the face of prejudice, he became a riched the history and character of his leagues: Think about this during the member of the debating society, editor hometown, Dayton; his State—my break. Think about what is at stake of the school paper, and president of State—Ohio; and our great country. with the tens and tens of thousands of the school’s literary society. Working Paul Lawrence Dunbar is known jobs, the billions of dollars in invest- with his classmates and his friends in throughout the world for his literary ment in renewables, and the chance Dayton, Orville and Wilbur Wright, genius. He is recognized as a man of that we can do something good for Paul Laurence Dunbar published an Af- humanity and integrity and determina- America and bring more green energy, rican-American newsletter. All the tion, thus becoming the first African more clean energy to the United while, he helped support himself by American to be accepted by the dis- States. working as an elevator operator in cipline of American literature. Mr. President, I yield the floor and Dayton’s Callahan Building. Tomorrow, actually, is the date of suggest the absence of a quorum. Dunbar’s birthday, June 27, came to his birth, but I stand today to honor The PRESIDING OFFICER. The be a very important day for the poet, this Ohioan and his work. clerk will call the roll. as it was on that day when his abilities I yield the floor. The assistant legislative clerk pro- to write were first showcased in his The PRESIDING OFFICER. The Sen- ceeded to call the roll. hometown and then many years later ator from Massachusetts is recognized. Mr. BROWN. Mr. President, I ask again on his birthday when he received Mr. KERRY. Mr. President, what is unanimous consent that the order for national recognition—it was June 27, the parliamentary situation? the quorum call be rescinded. 1892, when giving the opening welcome The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without before the Western Writers Conference ate is postcloture on the motion to pro- objection, it is so ordered. at the Dayton Opera House. ceed to the FISA bill. Mr. BROWN. Mr. President, I ask As the story goes, Paul was asked by Mr. KERRY. Mr. President, I ask unanimous consent to speak as in his teacher Helen Truesdell only days unanimous consent to speak as in morning business for up to 10 minutes. before to give the opening remarks. He morning business.

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.026 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6187 The PRESIDING OFFICER. Without We are not going to give up our country for the people of his country, clearly objection, it is so ordered. because of a mere X on a ballot. How can a the international community has a re- ballpoint pen fight with a gun? ZIMBABWE ELECTIONS sponsibility to make it impossible for Mr. KERRY. Mr. President, we are I believe someone with that kind of him to do anything else but go. known happily as the world’s greatest attitude—willing to strip away democ- The Senate passed a resolution that I deliberative body and the world’s racy that all of the African nations, submitted in late April, but, frankly, greatest democracy. There are times European nations, civilized nations of resolutions don’t get the job done. when I have been here when we have the world, and United Nations have They indicate an intent, a desire by the indeed lived up to that reputation, and agreed is the right of the people of Senate, perhaps; they indicate that we it has been exciting and rewarding. We Zimbabwe—that kind of attitude de- are taking notice of what is happening. also are blessed to serve in an institu- serves the outrage and action that it But this is now a matter of life and tion where very frequently we extol the asks for. death. It is also a matter of the credi- virtues of our commitment to spread- We know that even if Tsvangirai had bility of the international community. ing freedom around the globe. We take not withdrawn, there was a unanimous If words such as ‘‘never again’’ with that seriously. I don’t think there is a consensus that Mugabe would have sto- respect to a holocaust mean something Senator here who doesn’t believe in our len the election by simply rigging the or if the lessons of Bosnia, responsibility to do that and who isn’t ballots. Once again, this unapologetic Herzegovina, and the other disruptions proud of America’s role in being able to dictator telegraphed his intentions, that we have seen in other parts of the do that in many parts of the world saying that only God, not the voters of world mean anything, then we have to where we have made a difference. Zimbabwe, could remove him from of- do whatever is necessary to be able to However, in recent days here in fice. bring about a timely end to the vio- Washington, the news earlier this week Democracy in Zimbabwe is not the lence and a peaceful transition to de- that Morgan Tsvangirai, the leader of only casualty of the news this week. mocracy. Zimbabwe’s main opposition party, was Every bit as damaged, frankly, is the The U.N. Security Council needs to forced to withdraw from a runoff elec- moral authority of the international impose, immediately, quickly, targeted tion that was scheduled for tomorrow, community. Make no mistake, Mugabe sanctions on Mugabe. It needs to im- that news was regrettably met by an is thumbing his nose at the inter- pose them on his cronies and his fam- absence of the kind of outrage that it national community. Daring them, ily. It needs to make it clear to them demands and, frankly, by an absence of with a sense of complete impunity, he that they cannot do what they are action of any kind in the global com- is inviolable in whatever thuggery he doing with impunity. Freezing bank ac- munity. wants to engage in. That is because he counts and imposing further travel re- It is important for the Senate, in my has heard the world say ‘‘never again’’ strictions are punishments that may judgment, to forcefully condemn a again and again. Then he has watched lead those around Mugabe to begin to shockingly brutal campaign, an overt, the world engage in collective hand- reassess their own self-interests, with- visible for everybody to see, disdainful, wringing as mass atrocities unfold and out doing harm to the people who have arrogant campaign of violence and in- nothing happens, just like the last already had harm done to them by this timidation that has been launched by time. dictatorship. President Robert Mugabe and his Well, this can’t be allowed to con- The real leverage and legitimacy to henchmen which rendered free and fair tinue. Until recently, there was little motivate, mediate, and monitor a ne- elections in Zimbabwe impossible. hope of vigorous international re- gotiated solution lies in the heart of Morgan Tsvangirai’s courageous deci- sponse. But Tsvangirai’s selfless act of Africa itself. The Southern Africa De- sion not to put his supporters at fur- courage hopefully now can act as a cat- velopment Community and the African ther risk in an election that Mugabe alyst for change. Union have, frankly, too often been explicitly said he would not respect if On Monday, the United Nations Secu- willing to sit on the sidelines. They he did not win ought to be a wake-up rity Council, including China and Rus- need to play a sustained and active role call for the world and especially to the sia, issued its first condemnation of vi- in resolving this crisis in a way that African leaders who have the most in- olence, acknowledging it would be im- respects the will of Zimbabwe’s people. fluence over Zimbabwe. possible for a free and fair election to They need to do that now with the help Action is long overdue. For months take place. A day later, some of Afri- of the European Community, ourselves, now, Mugabe’s thugs have savaged op- ca’s influential leaders called Mugabe and the U.N. itself. position politicians, civil society activ- out for the savagery of his intentions If Mugabe refuses to step down, both ists, and anyone else who dared to in this free election process. That has the Southern African Development dream of a peaceful end to his rein of now made it, thankfully, more difficult Community and the African Union terror. Villagers have literally been for him to try to disguise the violence should suspend Zimbabwe’s member- handed bullets by soldiers and told to as a struggle against postcolonial bul- ship immediately and consider apply- choose between democracy or their lying. Yesterday, that international ing their own sanctions. I met the lives. community demanded that he postpone other day with the ambassadors from Since the initial balloting in March, the runoff elections and negotiate with Botswana in South Africa and Zambia, the MDC—the Movement for Democ- Tsvangirai. and they agreed that if Mugabe stays racy—believes that at least 86 of its Just yesterday, on his 90th birthday, now in a situation where he has nul- supporters have been killed, over 10,000 Nelson Mandela lent his voice of moral lified unilaterally the ability to have have been injured, 2,000 unlawfully de- authority to condemn what he called an election, he is, in fact, an unconsti- tained, and 200,000 have fled their the ‘‘tragic failure of leadership in our tutional leader of the country. Under homes. In fact, the details of this cam- neighboring Zimbabwe.’’ Those are the charter of the African Union, the paign of violence and intimidation are strong words, and I think obviously Constitution, they would be completely even more horrifying than the statis- those words—coming from Nelson within their rights—in fact, it would be tics convey. Women have been burned Mandela, the former President of imperative that they move to isolate to death. Young men have been tor- South Africa and really founding Presi- him because he no longer would be a tured and dismembered, and the elderly dent of their democracy today—those legal leader of that country. have been savagely beaten. words diminish Mugabe’s legitimacy. The United States and the European In fact, it is hard to imagine a cam- Obviously, words aren’t going to save Union need to stand squarely alongside paign of political murder as brazen and Zimbabwe’s people. The international African governments in withdrawing visible to everybody as the one that community needs to take action, and it recognition from the illegitimate has been unleashed on unarmed inno- needs to take action that sends the re- Mugabe regime and impose additional cents, with a sense of complete inabil- gime in Zimbabwe a simple, unequivo- sanctions targeting his criminal cabal. ity to be touched by any civil forces cal message: Mugabe must go. If he Until recently, a few African leaders outside. Mugabe very matter of factly thinks only God can remove him and have proven to be an obstacle to the stated last week: shows such extraordinary disrespect crisis. South Africa’s President Thabo

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.028 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6188 CONGRESSIONAL RECORD — SENATE June 26, 2008 Mbeki is perhaps the most prominent We support other countries in the Mid- ghanistan, including at least 20 from example, sadly. I think many people dle East—Lebanon and others—that my home State of Pennsylvania. Over- had a much higher expectation of are struggling to have democracy. We all, violence has risen 27 percent in Af- President Mbeki. I have known him can’t be regionally selective about ghanistan in the past year, with a 39- and worked with him. I regret that in where the virtues of democracy make a percent increase in attacks in the east- this situation Mr. Mbeki has chosen to difference. In Africa, where for too long ern region—where most U.S. troops op- ignore the warnings of his predecessor people have been neglected, even aban- erate—and a 60-percent surge in and icon and of others. It has been doned—and too many times they be- Helmand province, where the Taliban some time now that the world has been lieve the rest of the world doesn’t resurgence has been the greatest. Sui- waiting for Thabo Mbeki in South Afri- care—this is an opportunity for us to cide bombings rose to 140 in 2007, com- ca to weigh in squarely with respect to send a different kind of message and pared with 5 between 2001 and 2005. Zimbabwe’s future. make a different kind of difference. I The news in recent days has also I believe President Mbeki is going to hope they will know that the free been especially troubling. Over the be judged by history for his response to world will stand with the aspirations of weekend, militants operating in sanc- this crisis. As the leader of the region’s those who are willing to risk their lives tuaries in Pakistan launched rocket powerhouse in the southern African to have a better future and to actually and artillery attacks into Afghanistan community, the development commu- give meaning, through our support, for killing four Afghan civilians, including nity’s mediator in this crisis, President free elections and democracy every- two children. NATO forces, whose pa- Mbeki still has an opportunity to turn where in the world. tience has been repeatedly tested by es- up the heat on Mugabe, while also help- I yield the floor. calating insurgent violence along the ing facilitate a respectable way out. The PRESIDING OFFICER. The Sen- Afghan-Pakistani border, have since The world cannot afford for President ator from Pennsylvania is recognized. retaliated by shelling guerrillas along Mbeki to remain out of step with other WINNING IN AFGHANISTAN the Pakistani border. countries in the region, not to mention Mr. CASEY. Mr. President, today, I Last week, hundreds of NATO and Af- his own political party, in condoning rise to convey my growing concern— ghan forces engaged in one of their big- Mugabe’s brutality. If he chooses to and I think the American people share gest battles in years against approxi- continue on this ineffectual path, then this concern—on an issue that the mately 400 Taliban fighters in President Mbeki will remain, in fact, three major television networks’ Kandahar. These fighters had bombed complicit in the tragic events in evening newscasts devoted just 46 min- the main city jail and freed hundreds of Zimbabwe and risk isolating himself utes of coverage to so far this year: their comrades. One report says that internationally, as well as in his own The war in Afghanistan. those who have been freed are among country. If Mugabe surrenders and a The White House has become dis- the most dangerous. genuinely democratic government, tracted and weighed down by the war These setbacks emerged as the Gov- committed to implementing the needed in Iraq. It has knowingly ignored deal- ernment Accountability Office, GAO, economic and political reforms, is ing with the real threats that endanger released its latest report concluding formed, Zimbabwe’s new leader will be American interests. It is time now to that despite spending $16.5 billion, the refocus our efforts and concentrate on Pentagon and State Department still left to pick up the pieces of an econ- the real front in the war on terror, and lack a ‘‘sustainable strategy’’ for de- omy that has been run into the ground it is time to get serious about winning veloping the Afghan National Security by Mugabe. Annual inflation is reportedly run- in Afghanistan. Forces. Only two of the Afghan Army’s The United States has one over- ning at over 150,000 percent. Unemploy- 105 units are fully capable of fulfilling arching priority when it comes to this ment stands at over 80 percent. Hunger their mission. No police unit is fully region: to ensure that al-Qaida or any grips 4 million people. An estimated capable. Today, I sent a letter to Sec- other terrorist group does not gain the 3,500 people die each week from hunger, retary Gates and Secretary Rice asking sanctuary it requires to plot, plan, or for answers on why our progress in disease, and other causes related to train for another terrorist attack on building Afghanistan’s security forces grinding poverty. The United States American soil or against our allies. is so stunted. and the international community must However, despite some 62,000 NATO I ask unanimous consent that this be prepared to provide a comprehen- troops in Afghanistan, including ap- letter be printed in the RECORD. sive, economic, and political recovery proximately 34,000 American forces, There being no objection, the mate- package that will help the people re- and more than 140,000 Afghan troops rial was ordered to be printed in the cover from so many years of abuse and and police, Taliban and al-Qaida forces RECORD, as follows: neglect. have regrouped and become stronger JUNE 26, 2008. Right now, our most urgent chal- over the past 2 years. Finding sanc- Hon. ROBERT M. GATES, lenge is to protect the innocent people tuary in the southern and eastern parts Secretary, Department of Defense, in Zimbabwe who have been devastated of the country and along the border Washington, DC. by violence, starvation or inadequate with Pakistan, Taliban and pro-al- Hon. CONDOLEEZZA RICE, access to essential care and services. Qaida forces are threatening to under- Secretary, Department of State, Washington, DC. We need to do that by pushing Africa’s mine hard-fought international efforts leaders to restore and expand humani- SECRETARY RICE AND SECRETARY GATES: I to bring stability and peace to Afghani- read with great concern the U.S. Govern- tarian aid, deploying a civil protection stan. ment Accountability Office’s (GAO) June force to prevent attacks, help victims, The assessment from our top experts 2008 report on the Afghan National Security and pursue vicious criminals. Matching in the field is bleak. Retired General Forces (ANSF). Despite investing approxi- words with action is a great challenge James L. Jones, who until the summer mately $16.5 billion to train and equip the of this body, the Senate, and particu- of 2006 served as the supreme allied Afghan army and police forces over the past larly it is the responsibility of this ad- commander of NATO, found in one re- six years, I am alarmed to learn that the United States still lacks a comprehensive ministration. This is a test for our col- port that: lective moral authority, our willing- interagency plan to build the Afghan army NATO is not winning in Afghanistan. . . and police. More troubling is the fact that ness to lead with our values, and a test Afghanistan remains a failing state. It could only two of 105 army units and zero police of whether we are going to send the become a failed state. units are considered fully capable of con- strong, necessary message to the peo- 2007 was the deadliest year since the ducting their primary mission. I am writing ple of Zimbabwe, and indeed the people fall of the Taliban, with over 6,000 peo- you today to ask a simple question: why are in all of Africa, that we support their ple killed. Violence continues in 2008. we so behind in this fundamental task? aspirations for a free and democratic Secretary Gates reported in May that Building sustainable peace requires having a national army and local police that can country. for the first time, more coalition provide and maintain security once inter- We are losing lives almost every sin- troops were killed in a month’s fight- national forces leave. In the case of Afghani- gle day in Iraq. We are spending $12 bil- ing in Afghanistan than in Iraq. stan, this is especially crucial as terrorists lion a month. We invaded that country, As of this week, at least 451 members could easily reestablish a safe haven. I recog- purportedly, to bring them democracy. of the U.S. military have died in Af- nize and appreciate that building capable

VerDate Aug 31 2005 03:32 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.029 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6189 and effective security forces is a difficult and is a strong spirit amongst Afghans and dence exists that Pakistani security complex undertaking, especially given the coalition troops to persevere in the forces have renewed their ties to the well-documented challenges we face in Af- face of overwhelming odds. Afghans do Taliban to preserve their options. ghanistan. However, this task must remain not want the Taliban to come back. We must redraw our map of this war an urgent priority at the highest levels of to include the border region between this Administration. The security services, They may be disappointed by the re- especially the local uniformed police, are the sults of President Karzai’s government Afghanistan and Pakistan. U.S. Army face of the Afghan Government and will de- and broken promises by the inter- COL Thomas Lynch, a leading Afghan termine the fate of security in Afghanistan. national community. But they have expert, has declared: I have several specific concerns regarding been fighting for over 30 years for The future of Afghanistan can be lost in our efforts to build and sustain the Afghan peace and stability. And they are not Afghanistan, but it can only be won in Paki- National Security Forces. going to stop now. Not when they are stan. First, the costs for maintaining the secu- this close to achieving those goals. GEN Dan McNeill, who briefed both rity forces are estimated at approximately $2 So it is now up to us to demonstrate Senator LEVIN and me when we were in billion per year. Given the Afghan govern- Afghanistan—he recently left after 16 ment’s limited financial capacity, are these true global leadership and finish what costs sustainable or will the international we started in 2001. This means, as the months of service commanding NATO’s community be supporting the Afghan army Afghanistan Study Group so aptly said, international security force—warned and police for the foreseeable future? replacing the ‘‘light’’ footprint ap- that success in Afghanistan would be Why is the United States’ timeline for proach this administration has taken impossible without a more robust mili- completion of a fully capable Afghan police with respect to Afghanistan with the tary campaign against insurgent ha- force (2012) different from the benchmark ‘‘right’’ footprint approach. vens in Pakistan. used by the Afghan government and the There is a common sentiment here in Second, we must take advantage of international community (2010)? Washington that what is needed the the opportunity to work with Afghan How are we effectively evaluating the ca- security forces. They remain nascent pability of the army and the police? How are most in Afghanistan is resources. If the Defense Department’s ‘‘capability mile- only we had more money, more troops, and fragile at this moment, but they stones’’ being evaluated? Too often, we are and more trainers on the ground, we have significant potential with the overly concerned with quantitative indices would see more positive results. proper investment of training, man- (i.e. number of troops, weapons, uniforms, It is true that we need to devote power, and equipment. As our military etc.) rather than taking a qualitative ap- more resources to Afghanistan. That is leaders in Afghanistan told me last proach. The United Nations Police (UNPOL) why I was pleased to see that the re- month, the Afghan army is made up of has begun developing a Rule of Law Index proud soldiers who want to fight for (ROLIX) to help qualitatively measure the cent international donors conference in Paris secured about $20 billion in com- their nation and who have a can-do progress of security sector institutions in spirit. But we must provide them the their work to establish the rule of law that mitments from more than 60 countries may be of great value here. and international institutions, includ- tools they need. We cannot underestimate the impor- The importance of civilian mentors in ing a previous pledge of $10.2 billion tance of properly training the Afghan building the Afghan security forces cannot from the United States. And that is security forces. Last week, a GAO re- be overstated. As the GAO has stated, inter- why I applaud Secretary Gates’ and port said: national peacekeeping efforts in Bosnia, Secretary Rice’s repeated efforts in Kosovo, and East Timor have shown that Brussels and other European capitals Without capable and self-sustaining Af- field-based training of local police by inter- ghan army and police forces, terrorists could national police mentors is critical to the to secure additional Allied troops for again create a safe haven in Afghanistan and success of establishing professional police the coalition in Afghanistan, troops jeopardize efforts by the United States and forces. Why is there still such a shortage of that are free to wage combat where international community to develop the police mentors? How will this be remedied? they are needed. We do need more to country. Equipment shortages plague both the Af- accomplish our mission. In particular, as Senator LEVIN and I ghan army and police. Combined Security But I do not want to engage in the recommended upon our return from Af- Transition Command—Afghanistan (CSTC– transatlantic blame-game of which ghanistan, we need to assist the Af- A) officials have stated that equipment country could be doing more because it shortages are due to competing U.S. prior- ghan army to take over responsibility ities in Iraq. Why are the Afghan security glosses over the underlying fault lines for border security functions in the ter- forces facing such massive equipment short- that have plagued our strategy in Af- ritory adjoining Pakistan. Today, a ages? Why is this not a major priority for ghanistan from day one. Ultimately, lightly armed Afghan border police pa- the U.S. government? the real problem is not just one of trols this vital region, and this border I look forward to reading your report to troops or money or resources. police remains underequipped and Congress on our efforts to assist the Govern- Rather, our mission in Afghanistan is underarmed. This is unacceptable. The ment of Afghanistan in increasing the size in jeopardy because we still have not United States and NATO allies should and capability of the Afghan Security defined our long-term U.S. strategic Forces, including assessments of key criteria work together with the Afghan army to for measuring the capabilities and readiness objective in Afghanistan and, by impli- assume that critical national security of the Afghan Security Forces. I cannot cation, across South Asia. function. overemphasize how important it is that we We have not linked our relevant mili- Finally, our strategy in both Afghan- get this right and not squander any further tary security operations to a political istan and Pakistan must focus on sus- opportunities to help build these basic insti- strategy, and, most importantly, we tained development assistance. Former tutions in Afghanistan. The security of the have not made a long-term strategic U.S. commander, GEN Karl Afghan and American people depends on it. commitment to Afghanistan in the Eikenberry, used to say, ‘‘The Taliban Mr. CASEY. The problems plaguing eyes of the Afghan people. We have de- begins where the roads end.’’ Afghanistan are well documented: a re- coupled Pakistan from Afghanistan in- Despite a massive influx of money surgence of pro-Taliban forces, a bur- stead of formulating a strategy that into Afghanistan, we are not moving geoning narcotics trade, rampant gov- would address the inherent and historic quickly enough to demonstrate to the ernment corruption, insufficient re- relationship between the two nations. Afghan people concrete results that sources for reconstruction, stalled de- It is time to reformulate our basic improve their lives—building roads, velopment, fragile political and secu- fundamentals on how to approach this schools, and hospitals. rity institutions, and sheer, mind- war. First and foremost, any strategy We need to decouple our military ac- numbing poverty. I spent a day in for turning the tide in Afghanistan tivities from reconstruction assistance Kabul last month, where I had the good must incorporate what is happening in and bring our development experts fortune of visiting with the chairman Pakistan. To date, this administration from the U.S. Agency for International of the Armed Services Committee, Sen- has not fully appreciated Pakistan’s se- Development to the table where they ator LEVIN, and even during this short curity paranoia and the duplicity it belong. Our development approach thus amount of time, the magnitude of the has generated. Fueled by a credible far has overrelied on private contrac- challenges we face there was clear. fear that the U.S. will once again leave tors whose goals, missions, and But what I also discovered is that de- Pakistan in the lurch, as it did in the timelines do not correspond with our spite these awesome challenges, there seventies and nineties, credible evi- own.

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.007 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6190 CONGRESSIONAL RECORD — SENATE June 26, 2008 I have one more paragraph. We have The fact is, the increased cost of oil from under that industry right now and to recognize that this battle against is the biggest driver behind the in- the agriculture that supports it and the extremism is not going to be won in 2 creased price of food. In other words, jobs in rural America that do the work, or 4 or 10 years. It is not going to be energy and how energy fits into the you are not going to have the next gen- won on the military battlefield. It is a food chain and the dramatic increase in eration. generational challenge, a battle for the the price of oil to $130, $140 a barrel is I sometimes think, even though I ages that will require significant re- the biggest driver in the increased blame the Grocery Manufacturers As- sources in basic human development. price of food. sociation because they announced this Extremists exploit poverty, ignorance, But we also have drought in wheat- campaign of scapegoating ethanol, that and anger. The task before us is to producing countries, such as Australia somehow it is not just the Grocery defuse the igniters of that anger before last year, adding to this increase. We Manufacturers Association. I cannot they explode in the form of another have also had increased demand by the help but think that big oil is back failed state in Afghanistan or a ter- middle class of China and India for there applauding everything the gro- rorist attack in the United States. meats in their diet to a greater extent cery manufacturers are doing. We have a great history in this coun- than ever before. Yet the grocery man- Until now, in fact, the only signifi- try of helping rebuild societies from ufacturers and their association have cant opposition to developing renew- ashes. It is time for a new Marshall focused the entire effort on ethanol. able fuels over the past 30 years has come from big oil. I was not afraid to Plan for Afghanistan, one that links They see ethanol and renewable fuels stand up to big oil over the last 30 the necessary resources with the right as the root cause and most vulnerable years, and I am not going to stand by institutional expertise. It is time for us to their attack. while the Grocery Manufacturers Asso- to do what we do best in the world. Even with oil at $135 a barrel, they ciation, with their smear tactics, de- In concluding, I go back to the work see their victory in undermining stroy what the American people have of the 9/11 Commission. In analyzing biofuels policies. It is important to been calling for—an industry so we can the many unexplored connections that note that biofuels are actually working produce renewable fuels. And because led to that fateful day, September 11, to lower the price of gasoline at the of our national defense, the stakes are 2001, the independent, bipartisan 9/11 pump. In fact, in Iowa, you can buy Commission found: too high. gasoline with biofuels in it for about 13 The Grocery Manufacturers Associa- The most important failure was one of cents a gallon cheaper than you can 100 imagination. We do not believe leaders un- tion’s efforts, if successful, will raise derstood the gravity of the threat. percent gasoline. prices at the pump in Iowa. I said 13 So while high energy costs are driv- That is what was said after 9/11. The cents higher if you have 100 percent ing increases in food prices, the gro- gasoline instead of 10 percent ethanol same can be said today. Our brave men cery manufacturers would have you be- and women, the troops and diplomats and 90 percent gasoline. And in the lieve that the solution is less energy who serve every day in Afghanistan get process, we would be increasing our de- supply. That is counterintuitive. pendence on foreign oil. Why not keep the picture. They see what this admin- The Grocery Manufacturers Associa- istration chooses to ignore. Failure in the money in the United States instead tion does not seem to care much about of spending $130 a barrel and sending it Afghanistan is not an option. Our na- facts. Their criticism and talking tional security, the safety of our fami- over to the Arabs where they will allow points are not based on sound science, lies here, depends on what we do in Af- terrorists to train against us? Is risk- sound economics, or even common ghanistan, and preventing another tering our national and economic security sense. worth the bottom line of a few multi- rorist attack here depends on what While biofuels are easy to blame, it is happens in Afghanistan and all of million-dollar food companies? Don’t intellectually dishonest to make these South Asia. We cannot fail in Afghani- be fooled. Their campaign is not altru- claims. But maybe intellectual dishon- stan. istic. It came directly from their I yield the floor. esty does not make any difference to mouths that this campaign is about The PRESIDING OFFICER. The Sen- the Grocery Manufacturers Associa- their ‘‘bottom line.’’ ator from Iowa. tion. Where is the outrage? American con- They have indicated that they fully FOOD VS. FUEL sumers need to know that a few big Mr. GRASSLEY. Mr. President, for support advanced biofuels from bio- food companies are jeopardizing our ef- the past few weeks, I have been leading mass rather than food crops, and forts toward energy independence so an effort to dispel the myths sur- maybe with ethanol we think of that as that they can raise the price of food rounding the impact of biofuels poli- cellulosic ethanol, and of course, we and increase their profits. They want cies on our food prices. You may re- are all supportive of efforts to promote to do away with this industry and, in member that back on May 15, I came to the next generation of biofuels. But un- the process, as Iowa State University the Senate floor to announce to my dercutting the current industry is not tells us, without ethanol, gasoline colleagues that the campaign to smear the way to get fuels into that second would be on average about 30 cents ethanol is a well-funded and seemingly generation coming from biomass in- higher per gallon. If the increased price well-coordinated campaign. It is being stead of from grain. of energy goes up, and energy is the led by none other than the Grocery Those who are determined to pull the cause for about one-third of the in- Manufacturers Association. rug out from under today’s biofuels crease in the cost of food, then obvi- In the weeks since that floor state- should know that the next generation ously food is going to go yet higher. ment, I have been using every oppor- will not exist if the current generation We are on a path, from the stand- tunity I can to beat back this smear is undermined. point of national security and eco- campaign and inject the facts into the I hope the Grocery Manufacturers nomic security, to reduce our depend- debate. Association has taken notice that I am ence on oil from the likes of Venezuela Biofuels are being scapegoated for not going to sit quietly while they try and Iran. The Grocery Manufacturers rising wheat prices, even though the to undermine 30 years of public policy. Association wants to put the brakes on 2007 crop was the largest planted in 4 In other words, 30 years ago, we de- our efforts toward energy independ- years. Biofuels are being blamed for cided in this Congress we needed more ence. They apparently prefer putting the increased price of products such as emphasis on renewable fuels because our economic security in the hands of rice and bananas, which have no cor- God only made so much fossil fuel. So crazy people, such as the President of relation to corn production or our you have to get to what you are going Venezuela and the President of Iran, biofuels policies. to do postpetroleum, and it is renew- rather than putting their economic se- According to economists across the ables. Of course, conservation is the curity in the hands of American farm- administration, biofuels have caused a other part of that as well. ers growing renewable fuels. tiny fraction of the increase in global So 30 years ago, we started out with The Grocery Manufacturers Associa- and domestic food prices. They are also incentives for biofuels. It is still not a tion, through their president and CEO, responsible for only a small portion of mature industry, but it is maturing Cal Dooley, requested to have a meet- even the increase in the price of corn. very quickly. If you cut the legs out ing with me to discuss the impact of

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.041 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6191 food-to-fuel policies. Given the associa- I don’t know whether GMA encour- In my stead, however, the Grocery Manu- tion’s objectives to ‘‘obliterate what- aged these CEOs not to attend. My col- facturers Association and a number of other ever intellectual justification might leagues might find it amusing, how- organizations with similar concerns plan to still exist for their corn-based ethanol ever, that two companies declined my participate. I also unders1and GMA will extend to you an invitation to attend the No- among policy elites’’—and that is what invitation with a form letter. The let- vember meeting of the GMA Board of Direc- their public relations firm said about ter from Mr. Conant, CEO of Camp- tors, where we can have a full and productive ethanol—I was pleased to accept bell’s, and the letter from Mr. MACKAY, discussion regarding our nation’s energy pol- former Congressman Dooley’s efforts to CEO of Kellogg’s, used the same text icy. talk to me about it. declining my invitation. Now isn’t that As you know, GMA is working with many U.S. Secretary of Agriculture Ed something? CEOs of two major compa- farm organizations, including the National Schafer was also kind enough to accept nies coming up with exactly the same Turkey Federation, the National Chicken Council, and the National Cattleman’s Beef my offer to participate in that meet- words in letters signed by them to de- ing. However, I thought to have a Association, to improve our federal food-to- cline. I don’t know who wrote it first, fuel policies by accelerating the development meaningful discussion on their cam- but I might expect CEOs of such pri- of biofuels made from crop wastes and other paign to smear ethanol and my jus- mary companies to be a little more energy feedstocks. Many experts have con- tification for renewable fuels, and so I original in their communication with cluded that cellulosic biofuels hold enormous requested the attendance of chief ex- me. It makes one wonder who wrote promise and will not pit our energy needs ecutives of 15 of the GMA’s member the letter. against the needs of food companies, live- companies. I thought it would be im- Mr. President, I ask unanimous con- stock farmers and consumers. The Campbell Soup Company strongly supports biofuel portant for the CEOs of these compa- sent to have printed in the RECORD at nies, who are members of the associa- policies that boost the income of farmers and the end of my remarks these two let- simultaneously meet the needs of food com- tion, to speak for themselves about the ters. panies and consumers. impact biofuel policies are having on The PRESIDING OFFICER. Without In light of growing prices for corn and their businesses. The companies them- objection, it is so ordered. other commodities, we support policies that selves are in a much better position to (See Exhibit 1.) will reduce the use of food and feed crops to explain why they believe the anti-eth- Mr. GRASSLEY. Mr. President, I am produce fuels. Although there are many fac- anol campaign they have underwritten going to keep pounding home the facts tors contributing to rising commodity would be warranted. So I invited the behind the relationship between food prices, federal policies that divert one-third prices and biofuels, because it is not of the U.S. corn crop is the only factor legis- CEOs of Campbell’s Soup, Del Monte lators have the power to change. Recent Foods, Lakeside Foods, Sarah Lee, supported by economics, it is not sup- studies by the World Bank, the United Na- Dean Foods, Hormel Foods, Procter & ported by common sense, and it is not tions, and America’s leading agricultural Gamble, Kellogg’s, Land O’Lakes, supported by sound science. The fact is, think tanks have linked rising commodity ConAgra Foods, General Mills, Kraft, biofuels are increasing our national se- prices to these federal food-to-fuel policies. Ralston Foods, Cargill, and Archer curity, biofuels are helping our balance Again, I thank you for your kind invita- Daniels Midland to come to the meet- of trade, and they are reducing our de- tion to join you and Secretary Schaffer to discuss these concerns and regret that I am ing. I expected to have many of the pendence on Middle East oil and the whims of big oil. Every barrel we use of unable to attend. If appropriate, I would be CEOs jump at the opportunity to tell happy to offer Kelly Johnston, Campbell’s me I am wrong. I thought I would hear biofuels is $135 not going to some for- Vice President—Government Affairs, whom firsthand how the increase in corn eign land where they train terrorists to you know, to represent our company. The prices was affecting the bottom line of kill Americans. Campbell Soup Company looks forward to General Mills or Kellogg’s or Kraft. So it is time we cleared the air, it is working with you and all interested parties Many of the CEOs I invited are mem- time we looked at the facts, and it is to craft sensible and sustainable energy pol- bers of that trade association’s board time we recognize, once again, that ev- icy. of directors. Naturally, I expected the erything about our domestic renewable Sincerely, fuel industry is good, good, good. I em- D.R. CONANT, CEOs to want to defend their associa- President and Chief Executive Officer. tion’s campaigns and its tactics. Unfor- phasize it is good for the environ- tunately, that is not what I got. Only ment—less CO2 in the air—it is good for KELLOGG COMPANY, one CEO—Chris Policinski of Land good jobs in rural America, because a Battle Creek, MI, June 17, 2008. O’Lakes—agreed to attend, and Cargill lot of these ethanol refineries are in CHARLES E. GRASSLEY offered a senior executive in place of rural America, where we never thought U.S. Senator, their CEO. But of 15 companies, only we would have good-paying jobs, and a Washington, DC. lot of these refineries respond to an- DEAR SENATOR GRASSLEY: Kellogg Com- one CEO thought it was worth their pany strongly supports biofuel policies that time to come to Washington and visit other problem—we don’t have enough boost the income of farmers and simulta- with me and Secretary of Agriculture oil refineries in this country. In a neously meet the needs of food companies Schafer about their trade association’s sense, every ethanol plant, every and consumers. I sincerely appreciate your campaign to smear ethanol. So I had biofuels plant is a refinery. It is good invitation to meet regarding these policies no choice but to cancel the meeting. for our national security, which I think on June 24th, Regrettably, I am unable to at- They have hired a high-priced public I have made very clear, and it is good tend. relations firm to coordinate their cam- for agriculture. It is good that we don’t In my stead, however, the Grocery Manu- facturers Association and a number of other paign. One would assume they believe have Government supporting surplus organizations with similar concerns plan to in the policies they are promoting. So grains. We are not having taxpayers’ participate. I also understand GMA will ex- why wouldn’t they take advantage of money go out to farmers. Farmers are tend to you an invitation to attend the No- this opportunity to convince Secretary getting their money from the market- vember meeting of the GMA Board of Direc- Schafer and me that we have it all place now that prices are higher. tors, where we can have a full and productive wrong? This is clearly a high priority So I don’t know how many times I discussion regarding our nation’s energy pol- for them. They seem to have invested a have to say it, but there are no nega- icy. tives about biofuels and everything As you know, GMA is working with many great deal in it, and a lot of dollars in farm organizations, including the National it. Why wouldn’t they attend the meet- about them is good, good, good. Turkey Federation, the National Chicken ing? Don’t they believe in what they EXHIBIT 1 Council, and the National Cattleman’s Beef are doing? CAMPBELL SOUP COMPANY, Association, to improve our federal food-to- It appears all they want to do is to Camden, NJ, June 18, 2008. fuel policies by accelerating the development give a thumbs-up to their trade asso- Hon. CHARLES GRASSLEY, of biofuels made from crop wastes and other ciation’s hiring of expensive PR firms U.S. Senate, energy feedstocks. Many experts have con- to do their dirty work, instead of en- Washington, DC. cluded that cellulosic biofuels hold enormous DEAR SENATOR: Thank you for your invita- tering into real dialog with those of us promise and will not pit our energy needs tion to meet regarding the relationship be- against the needs of food companies, live- who feel strongly that this country tween US biofuels policies and their impact stock farmers and consumers. needs a policy of renewable energy, and on commodity and food prices. Regrettably, In light of growing prices for corn and more renewable energy every day. I am unable to attend. other commodities, we support policies that

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.043 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6192 CONGRESSIONAL RECORD — SENATE June 26, 2008 will reduce the use of food and feed crops to and the Cold War that really trans- Frustrated by repeated legislative produce fuels. Although there are many fac- formed the face of Alaska, however. defeats, Alaskans decided to write a tors contributing to rising commodity Having a strategically critical location State constitution. This was done in prices, federal policies that divert one-third for both wars, Alaska saw a large in- 1955. We decided to do it to show the of the U.S. corn crop is the only factor legis- lators have the power to change. Recent crease in Federal money and popu- country that we were politically ma- studies by the World Bank, the United Na- lation in the 1930s and the 1940s. ture and genuinely ready for statehood. tions, and America’s leading agricultural While the aspiration for statehood After a 75-day Constitutional Con- think tanks have linked rising commodity had existed for many years and though vention at the University of Alaska prices to these federal food-to-fuel policies. Alaska had a delegate to Congress Fairbanks, a constitution was adopted Again, I thank you for your kind invita- since 1906, it was during this time pe- by the delegates and ratified by Alas- tion to join you and Secretary Schaffer to riod that a serious and motivated and kans. It was later described by the Na- discuss these concerns and regret that I am modern statehood movement rose up tional Municipal League as ‘‘one of the unable to attend. Kellogg Company looks and captured the attention of Alaskans forward to working with you and all inter- best, if not the best state constitutions ested parties to craft sensible and sustain- across the State. ever written.’’ The Alaska Statehood Committee able energy policy. The way it dealt with natural re- was formed in 1949. This committee of Sincerely, sources was particularly distinctive 11 Alaskans was bipartisan. No more A.D. DAVID MACKAY, and ingenious. The State’s natural re- than six could belong to the same President, sources were viewed as a public trust Chief Executive Officer. party, and at least two members had to come from each of the four judicial dis- and were required to be developed for Mr. GRASSLEY. Mr. President, I ‘‘maximum use consistent with the yield the floor, and I suggest the ab- tricts Alaska had at the time. They were given the task of publicizing and public interest [and] for the maximum sence of a quorum. benefit of its people.’’ Development The PRESIDING OFFICER. The educating the public on statehood, both in Alaska and nationally, as well based on ‘‘sustainable yield’’ was con- clerk will call the roll. stitutionally mandated. To this day, The legislative clerk proceeded to as framing a State constitution. the State continues to operate on this call the roll. As early as 1946, though, 3 years be- principle in our fisheries, minerals, fos- Ms. MURKOWSKI. Mr. President, I fore the Statehood Committee was sil fuel development, and our timber. ask unanimous consent that the order formed, there was a large majority of One example of the results of this pol- for the quorum call be rescinded. Americans who were already very sup- The PRESIDING OFFICER. Without portive of Alaskan statehood. A Gallup icy is that Alaska is the only region in objection, it is so ordered. Poll that year indicated that 64 percent the United States that has no over- Under the previous order, the time of Americans were in favor of state- fished fish stocks. until 2:15 is under the control of the hood, with only 12 percent opposed. Two years after the constitution was junior Senator from Alaska or her des- The percentage of supportive Ameri- ratified and 50 years ago, on May 28, ignee. cans grew to 81 percent by 1950. But the House of Representatives voted on The Senator from Alaska. even then, nearly a decade still re- the bill that would eventually confer ALASKAN STATEHOOD mained in what became a bitter battle statehood upon Alaska. The bill passed Ms. MURKOWSKI. Mr. President, against special interests. the House 210 to 166. The Senate passed today is an opportunity for us in the The wealthy salmon canning indus- it 64 to 20, and then President Eisen- next 45 minutes to talk about a cele- try was the primary lobbying group hower signed it into law. Over 15 years bration. We have had some pretty seri- that opposed statehood at the time. passed between April 2, 1943, when the ous business under discussion here on The salmon canners would put fish first bill was introduced, and June 30, the Senate Floor, and today I and my traps at the mouth of some of Alaska’s 1958, when the final bill was passed. We largest rivers, and they caught nearly were officially a State on January 3, colleague, Senator STEVENS, joined by others, rise to celebrate the 50th anni- 30 percent of Alaska’s salmon every 1959. versary of the Senate passage of the year, sending the yearly salmon catch I have been perusing the CONGRES- Alaska Statehood Act, the act which plummeting from 924 million pounds to SIONAL RECORD to kind of get a sense of eventually conveyed statehood upon 360 million pounds over a 20-year pe- the Senate debate at the time, the de- the great State of Alaska after a fight riod. Alaska was in a tough spot. They bate that preceded Alaska’s entry into for equal rights and representation were powerless to resist. With 99 per- the American Union. I am a born and that lasted literally decades. cent of the territory’s land owned by raised Alaskan. I have found the record After a long and contentious battle, the Federal Government and with very absolutely fascinating. It includes en- both in Congress and across the coun- little control over resource policy, the thusiastic and very passionate argu- try, the Senate passed the Alaska industry was pretty much free to dev- ments in favor of statehood but also Statehood Act 50 years ago, on June 30, astate one of the State’s most valuable countered by lawmakers who saw Alas- by a vote of 64 to 20. The act was signed renewable resources, and that was our ka’s entry into the Union as being a into law 7 days later by President Ei- Alaskan salmon. huge mistake. There is even an occa- This desire for a say in our own af- senhower, and Alaska officially became sional Communist threat reference, a fairs only grew the intense desire of a State on January 3, 1959. This was reminder that this debate occurred Alaskans to attain statehood for them- the headline in the Anchorage Daily against the backdrop of the Cold War. selves. The newspaper the New York News announcing, ‘‘We’re In.’’ Our ter- Some of the arguments against state- Journal-American summed up the situ- ritorial Governor, Mike Stepovich, hood included the fact that Alaska was ation this way: President Eisenhower, and Secretary not contiguous with the rest of the Seaton are in this photo that we look Alaska wants statehood with the fervor United States; Alaska was not suffi- men and women give to a transcendent ciently developed economically or po- to in our State’s very young history cause. An overwhelming number of men and with great fondness. women voters in the United States want litically to be ready for statehood. This year across the State, there will statehood for Alaska. This Nation needs There was also a reference to the fact be celebrations all over put on by com- Alaskan statehood to advance her defense, that Alaska doesn’t produce enough ag- munities, by clubs, by businesses, by sustain her security, and discharge her deep riculture. the State government. To help kick off moral obligation. There were provisions granting Fed- this celebration, I would like to briefly In 1950, after years of thwarted at- eral land to the State. They alleged it remember a little bit of the history of tempts to bring an Alaska statehood was a huge Federal giveaway, but keep a very rough journey toward statehood. bill to the floor of either Chamber of in mind that the Federal Government The territory of Alaska was bought Congress despite the strong support of still owns over half of the State of from Russia in 1867. I know many stu- President Truman, a bill actually got a Alaska. But really the argument cen- dents, when they are looking at their floor vote. It passed the House of Rep- tered around the concern that Alaska history books, learn that it was dubbed resentatives, but it failed over here in would be a huge burden on the Federal ‘‘Seward’s Folly.’’ It was World War II the Senate. Government financially.

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.022 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6193 Senator Richard Neuberger of Or- matter of fact, I was standing right be- two-thirds to stop debate. It was some- egon, who was a supporter and was pre- hind him at the time that photograph thing to behold, sitting in the gallery siding over the Senate during the his- was taken. as I did, to see the power of Senator toric Alaska statehood rollcall vote, I remember the debate here on the Scoop Jackson on the one hand and said that Alaska statehood would af- floor of the Senate on the Alaska state- Senator Norris Cotton on the other— ford the United States the opportunity hood bill. On the day the vote was Norris Cotton being a Republican from to show that ‘‘we practice what we taken, I was standing up where those New Hampshire, Scoop Jackson being a preach.’’ people are right now in the Press Gal- Democrat from Washington—guide Neuberger said: lery. That was unheard of, but I was that bill through the Senate and over- For decades we have preached democracy standing beside my good friend who come the filibuster that was led by my to the rest of the world, yet we have denied was the editor of the Fairbanks Daily late good friend Strom Thurmond. full self-government to our vast outposts to News-Miner, C.W. ‘‘Bill’’ Snedden. He It is a total tribute to the democracy the north, despite many assurances that had bought this newspaper. He pur- we represent that this enormous act of such would not be the case. chased it a few years before we got admitting a State—there had not been He continued on by saying: statehood, and he turned its policy another State admitted since Arizona The voice of America may talk of democ- around to support statehood. had been admitted in 1913. Here we racy, but its message will ring hollowly One of the things he created was a were in a post-World War II period, through the rest of the Free World if Amer- cartoon they put on the front page of when part of the momentum for our ica fails to practice democracy. In the cru- the paper every day. It was a small getting statehood was, in fact, the peo- cible of world opinion, we shall be tested by thing down at the bottom. This was ple who had served in the Armed deeds and not words. Statehood for Alaska will be a tangible deed. Sourdough Jack. Sourdough Jack had Forces and were stationed in Hawaii or wise sayings every day. This one day in Alaska—many of them had been sta- Among Alaska’s greatest friends in he published this, it was: tioned in the territories and went back the Senate were both Senators from All of the valid arguments against Alaska to the territories after they were re- Washington State, Henry ‘‘Scoop’’ statehood are listed in full on pages 2, 3, and leased from service after we won World Jackson and Warren Magnuson. Jack- 4. War II. son told his colleagues that the time All blank. That was the attitude of But this day, the day the Senate fi- was ‘‘past due’’ for the admission of Alaskans. There really was no valid op- nally passed this bill, was a unique one. Alaska to the Union, while Magnuson position to our becoming a State. The galleries were full. That is one said it in another way. He said: However, I think the Senate should reason I was up in the press gallery Alaska has sat impatiently in the ante- know what the Senate did then and the rather than over in the normal gallery room of history for 42 years. role of the Senate in Alaska becoming for visitors. But, very clearly, we knew These comments represent only a a State—and Hawaii, too, later the it was going to be a difficult day for us. fraction of the Alaska statehood debate same year. We had counted votes and all of the which began years before the last fron- Our delegate at that time in the rest trying to predict what was going tier became the 49th State, but still House of Representatives, Democrat to happen. But when it happened, I they offer some valuable perspective on Bob Bartlett, discovered an old rule in want the Senate to know, this was the challenges and obstacles our fore- the House that permitted matters of something significant that happened. fathers faced on the road to statehood. constitutional import to be taken to The people in that photograph, except A few of my colleagues will be join- the floor of the House and worked on for the President, gathered right out in ing us over the next half hour or so to solely by the Committee of the Whole the reception room of the Senate. Then help remember and reenact the debate of the House, bypassing the Rules Com- we went to—Republican and Demo- that occurred 50 years ago. I am grate- mittee. So after having tried since 1913 cratic alike—members and people from ful for their willingness to join me in into 1958 to get statehood, our delegate the gallery, we went to the then-chapel celebrating our 50th anniversary of the made the motion to bypass the Rules of the Senate, and we offered a prayer 49th star on the flag. Committee. With a vote of the House, to thank the people who had given us I mentioned that Alaska has been re- they approved going right to the floor this new right. ferred to as ‘‘Seward’s Folly.’’ I don’t with the Alaska statehood bill. That It was one of the most significant think many people know that we also was an achievement no one could even days that I can remember in my life. I were referred to as ‘‘Icebergia,’’ obvi- have expected. But it showed the power am proud of my colleague who has ously a reference to the colder environ- of the press at that time. The Amer- brought upon the Senate the idea of ment up there. But Alaska has since ican press took up the cudgel, they having some remembrance here of what made incredibly significant contribu- took up the sword to have both Alaska went on in those days. Our State has tions to our great Nation. I do not and Hawaii become States. It was real- become a State. We have developed our think anyone considers Alaska a folly. ly great to see Hearst and Luce and so economy to be one of the great pro- We provide 55 percent of America’s sea- many of the leaders of the newspaper ducers of natural resources. Many peo- food, we attracted 1.5 million tourists profession joined together to urge the ple have challenged that, and we are last summer to the State, and we have American people to swell up and de- currently blocked in exploring the been a stable domestic supplier of U.S. mand these bills be passed. Outer Continental Shelf off our State. oil needs for the past 30 years. As the bill passed the House and Two-thirds of the Continental Shelf of Alaska is proud to be ‘‘the Great came over here, there was a great prob- the United States is off our State. Land’’ in the greatest Nation in the lem because the Rules Committee Every well so far that has been tried world. I am privileged to represent its chairman made it very plain that if has been blocked. We have been people here in the United States. there was an attempt to have a con- blocked now for 25 years at getting the With that, I yield the floor to my ference committee on this bill admit- right. We thought we achieved it in the senior colleague, Senator STEVENS. ting Alaska to the Union, he would see 1980 act which set aside 1.5 million The PRESIDING OFFICER (Mr. to it that it would never see the light acres of the Arctic for oil and gas ex- SALAZAR). The senior Senator from of day in the House. So our job at that ploration and development. Alaska is recognized. time was to get the statehood bill I hope we will come to a time where Mr. STEVENS. I believe I have been passed by the Senate without one sin- we will realize the errors of our past allocated 20 minutes to speak. gle change—not a comma, no para- and we will find that the day will come The PRESIDING OFFICER. There is graphs, nothing altered, and nothing when the Arctic Coastal Plain will be no previous order. changed. opened. Once it is, the Alaska oil pipe- Mr. STEVENS. Mr. President, that I think the Senate today would ap- line, which was built to carry 2.1 mil- photograph brings back many memo- preciate that problem because those lion barrels a day—it is carrying less ries to me. The gentleman on the right were the days of the true filibusters. than 700,000 barrels a day now—will be was my employer at the time, the Sec- Those were the days before the current full. Because we know from 3–D seismic retary of Interior, Fred Seaton. As a rule on cloture. At that time, it took and from the well that was drilled,

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.045 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6194 CONGRESSIONAL RECORD — SENATE June 26, 2008 there is no question that there is oil on Alaska has four Senators because we on the grand old United States tradition. the Coastal Plain that some people call have a lot in common. We do not vote Alaska’s star has for too long been denied its ANWR. But the development of that together on issues of national issues, rightful place on the glorious flag of the United States of America. plain will bring us, both the Federal that is not a position. But when it Government and the State, billions of comes to the rights of our States, we Our delegate to the House of Rep- dollars that we want to dedicate to the have shown what can happen in the resentatives, Bob Bartlett and our development of renewable and alter- Congress of the United States when ‘‘Tennessee Plan’’ Senators and Rep- native resources. two delegations say: We are together. resentatives, and Alaskan pioneers Er- nest Gruening, Bill Egan and Ralph For instance, we have half the coal of And as new States, we deserve to be Rivers met with Members of Congress the United States. We should have recognized and treated as equal part- to convince them to support Alaska mine-mouth conversion for coal gasifi- ners in this Union. statehood. cation, coal liquefaction. I am proud to speak of the alliance After the House passed our statehood We have those magnificent five mili- that we have with Senators Inouye and bill on May 28, 1958, opponents in the tary bases in our State. They all need Akaka—that has been achieved in my Senate tried to stop the bill by attach- lots of energy. We have to find some almost 40 years here. ing controversial, unrelated amend- way to assure they will have energy for As I have said, Mr. President, for ments. our national defense. I think we are many days in June of 1958 I watched Our good friend from Washington, proceeding to the point that the Amer- from the gallery as the Senate debated Senator Henry ‘‘Scoop’’ Jackson led a ican people know what we must have; and finally passed the Alaska State- bipartisan effort to fend off changes to that is, we must have the right to pro- hood Act. That vote marked the end of the bill. ceed to develop our resources. our long and difficult road to self-de- In the 6 days of debate prior to the Fred Seaton, whose picture was pho- termination. vote, Senators carefully weighed the tographed there as the Secretary of the Alaska was my home. I had been U.S. prospect of granting statehood to Alas- Interior, was an appointed Senator Attorney in Fairbanks. Working in ka. from the State of Nebraska. He made Washington as Assistant to the Sec- Alaskans are proud of all we have ac- only one statement on the floor of the retary of the Interior, Fred Seaton, I complished in the 50 years since that Senate. He was absolutely convinced became involved in the battle for state- historic vote. that Alaska should become a State. hood. Through responsible development of Let me read a portion of what he Some Americans believed Alaska was our vast natural resources we are said: too remote and too politically imma- working to build a strong and vibrant Alaska is as deserving of statehood, and as ture to become a full partner in the economy. ready for statehood, and as greatly in need of Union. Prudhoe Bay and the 800 mile Trans- statehood, to come into her own, as were any Alaskans worked tirelessly to show Alaska Pipeline, completed in 1977, of the present States when it was their turn the American people and Congress that have delivered more than 15 billion before the bar of the Senate. the Union would benefit from Alaskan barrels of oil to the American econ- Let us deal with the American citizens in statehood. My friends, Bill Snedden, omy. Alaska no less generously in this manner publisher of the Fairbanks Daily News In 2007 alone, Alaska’s mining indus- than were our forbearers dealt with in their try contributed an export value of $1.1 respective territories. Alaska, like all other Miner, and Bob Atwood, publisher of the Anchorage Times, wrote to almost billion to the national economy. States will keep the faith and carry the Through science-based management, grand old United States tradition. Alaska’s every paper in the U.S. setting forth star has for too long been denied its rightful our positions for statehood and re- our fisheries have been protected and place on the glorious flag of the United questing support for our efforts. rehabilitated. Because of our success, States of America. Alaskans reached out to their friends Alaska’s fisheries management prin- We, as Alaskans, are proud of what and family in the lower 48 asking them ciples are now used as models for fish- we have done. From the days we be- to write their Senators requesting they eries across the country. Today half came a part of the United States in support statehood. our Nation’s total domestic seafood 1867 when Secretary Seward led the ne- Fifty-five men and women met at our production comes from Alaska. Modern water and sewer facilities gotiations to buy the Territory of Alas- constitutional convention in Fairbanks and health care clinics are now located ka from Russia for a mere 2 cents an and devoted themselves to creating in most rural Alaskan communities. acre, we have contributed substantially what has been called ‘‘the best state Through these and other projects and to the income, the resources, and to constitution ever written,’’ proving development of our natural resources, the well-being of our people. Alaskans had the political maturity to Alaskans are creating educational and We are the northern territory for the join our union. job opportunities in the most remote defense of this country. Our national I worked with the Secretary of the corners of our state. missile defense site at Fort Greely, AK, Interior, Fred Seaton, and members of Alaskans proved our strategic mili- has the capability of defending the the Eisenhower administration to ex- tary value to the Nation during WWII whole United States, 360 degrees plain the President’s support of Alaska when our Territorial Guard provided a around, from Maine to Florida, from being a State. first line of defense and protected the the tip of California to the tip of Alas- Six years earlier Secretary Seaton terminus of the lend lease Aerial ka. That national missile defense site had been a Senator from Nebraska. He Bridge at Fairbanks. defends America. served for only 1 year being appointed Today Alaskans welcome and support We have committed ourselves to sup- to fill the vacancy caused by the death the men and women of the 1st of the port those in uniform who defend this of Senator Wherry. In his first address 25th Stryker Brigade Combat Team country and defend our way of life. So to this body, Senator Seaton spoke based in Fairbanks, the 4th of the 25th I think this is a wonderful thing to cel- strongly in support of statehood for Airborne Brigade Combat Team based ebrate, the fact that the Senate took Alaska, recalling the doubts and objec- in Anchorage and the 11th Air Force the action it did in approving the basic tions raised when his own State of Ne- based at Elmendorf. approach of the House to take the ini- braska was struggling for statehood. They, and our Alaska National tiative to bring Alaska into the Union. Senator Seaton said: Guard, have served our Nation bravely We were followed by our great and Alaska is as deserving of statehood, and as in Afghanistan and Iraq and around the dear friends from Hawaii. And many ready for statehood, and as greatly in need of world. Our strong tradition of service people wonder why we are so close, statehood, to come into her own, as were any has resulted in more veterans per cap- those of us from Hawaii and Alaska. of the present States when it was their turn ita living in Alaska than in any other We represent offshore States. When we before the bar of the Senate. Let us deal with the American citizens in State. got here, many of the laws that applied Alaska no less generously in this matter While Alaskans have much to cele- to the 48 States did not apply to us. than were our forbearers dealt with in their brate on our 50th anniversary of state- The effect of our working together has respective territories. Alaska, like all the hood, we continue working to accom- been that Hawaii has four Senators and other States, will keep the faith and carry plish more.

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So as they celebrate across their resources, including oil and gas devel- Back in 1958, Alaska’s statehood had State I wish them a happy and a suc- opment on the arctic coastal plain and already been an issue for 42 years, and cessful future. I want to close by once our outer continental shelf, could also legislation to make it a State had been more quoting Senator Magnuson’s help deliver the energy needed to power introduced in every Congress since words to the people of Alaska. our Nation’s economy. 1943. He said: Recent estimates show that the arc- As Senator Jackson said in one We approve and commend your vision, un- tic coastal plain alone could deliver 1.5 speech that led up to that final vote derstand and believe your hopes, know that million barrels of oil a day to market that Congress had held 11 hearings, two your mission and goal can and will be and contribute billions of dollars in of them in Alaska, and others here in reached, so good luck and godspeed. corporate income tax revenues and roy- Washington, DC. And more than 4,000 Mr. CRAPO. Mr. President, I am hon- alties to the U.S. Treasury. pages of testimony had been published. ored to stand and speak today on the Alaskans began our journey to state- ‘‘It was time to put the issue to occasion of the 50th anniversary of the hood in 1867 when the Secretary of rest,’’ he argued, and I quote: legislation establishing Alaska as our State William Seward advocated for There can be no doubt that the record is 49th State. I continue a tradition of the purchase of the territory from Rus- complete. Our objective is statehood. It can sorts: A former Idaho Senator, Frank sia for a mere 2 cents an acre. At the be achieved now. Church, stood in this same chamber 50 time the decision was ridiculed as Those were the words of Senator years ago, May 5, 1958, to be exact, to ‘‘Seward’s folly.’’ Jackson back then. And as the debate call for Alaska’s statehood. Alaskans have worked hard to realize continued, Senators Magnuson and Let me begin, if I may, with the the full potential of our land and our Jackson were confident that Alaska words Senator Church recited that day: people. There is no doubt Alaskans was ready. Wild and wide are my borders, have lived up to the faith the Senate Senator Magnuson argued that with showed in us 50 years ago when it voted Stern as death is my sway, 180,000 citizens, Alaska had more resi- And I will wait for the men who will win to grant us statehood. Alaskans have dents than Missouri, Kansas, Arkansas, me— earned the name of our State, ‘‘the Alabama, Nevada, Idaho, and 21 other And I will not be won in a day; Great Land.’’ States when they were admitted into And I will not be won by weaklings, Ms. MURKOWSKI. Mr. President, I the Union. He pointed out to this body Subtle, suave and mild, want to thank my senior colleague for that Alaska was strategically located But by men with the hearts of Vikings his comments. It is rare that we have And the simple faith of a child; between the United States and the So- Desperate, strong and restless, an opportunity to speak from such per- viet Union and that it was home to two sonal knowledge about the battle for Unthrottled by fear or defeat, important military bases at the time statehood. Them I will guild with my treasure, right when the Cold War was esca- Them I will glut with my meat. As he spoke, I imagined Senator STE- lating. Send me the best of your breeding, VENS sitting up there in the galley He dismissed the argument that Lend me your chosen ones, watching this debate anxiously as the Alaska could not support itself as a Them I will take to my bosom, future of Alaska was being decided. So State because that argument had not Them I will call my sons. it is an honor to work with him rep- held up when it was used for his own These lines come from a poem enti- resenting the people of Alaska. But for State of Washington. tled, ‘‘The Law of the Yukon,’’ and him to be able to share this historical He said: were written by Robert W. Service, a perspective is wonderful. Our neighbors Alaskans feel confident that they can lick Canadian poet who traveled north, to the south in Washington have this problem as they have met and solved caught up in the fever of the Klondike worked with us on so many different others. I say, we should give them that op- Gold Rush. The poem was inspired by issues over the years. portunity. the majesty of the land of the North- As I mentioned in my comments, So in Senator Magnuson’s mind, the west Territories and the Alaska terri- Senator Jackson and Senator Magnu- controversy was very similar to a fam- tory, and for Senator Church set the son were big advocates for statehood ily argument about whether a child stage for an impassioned, intricately for the State of Alaska. was ready to leave home. He said: I am delighted that our colleague, argued plea for Alaska’s statehood. These United States, like fearful parents, Senator Church spoke that day of Senator MURRAY, has agreed to join us can waver further in indecision, and allow in talking about Alaska’s statehood. taxation without representation. He our lack of confidence to undermine Alas- referenced the treaty by which the The PRESIDING OFFICER. The Sen- kans and say, ‘‘You will be ready for state- ator from Washington. hood someday, but not now.’’ Or we can be United States acquired Alaska which Mrs. MURRAY. ‘‘Mr. President, let proud of Alaskans’ determination to strike said that the inhabitants of the Terri- us vote for the 49th star in the flag.’’ out for their true independence through tory ‘‘shall be admitted to the enjoy- Those were the words from the great their own real self government. ment of all the rights, advantages and Senator from the State of Washington, ‘‘The United States should follow immunities of citizens of the United Warren Magnuson, spoken on this floor through the second course,’’ Magnuson States, and shall be maintained and in 1958, just before this body finally said. protected in the free enjoyment of agreed to make Alaska one of the He said: their liberty.’’ Senator Church asked United States. The territory feels entitled to sit and de- this body the question: ‘‘Can it be that Today, I am very pleased to join our liberate with us—be one of us. Alaska wants ours, too, will be the error of the colleagues from the north in Alaska to to work out her own future, just as each of Roman senate, which sapped the vital- say a warm congratulations to the peo- the other 48 partners in our nation have been ity and strength from the Roman Re- ple of Alaska on this 50th anniversary allowed to do. Alaska’s hopes, aspirations, public, refusing to extend the right of and quiet self-confidence are understandable. franchise, until government became a of their statehood. Alaska’s statehood, She knows that her resources, her people, as you heard, was controversial a half and their combined potential spell a brilliant mockery, empty of empty of principle century ago. But I think time has prov- future. ...?’’ en that the United States is a greater Alaska has sat impatiently in the ante- Fortunately for the United States in Nation thanks to the Land of the Mid- room of history for 42 years. Alaska should this matter, right prevailed that year, night Sun. be a State. and those calling for Alaska’s state- As Senator MURKOWSKI has said, I am very proud of the role Washing- hood were vindicated in their tireless Washington State’s Senators, Warren ton’s two Senators played in this de- quest.

VerDate Aug 31 2005 03:32 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.031 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6196 CONGRESSIONAL RECORD — SENATE June 26, 2008 The admission of Alaska into the through trade and commerce has pro- good fortune—and it is good fortune— Union represents a rejection of the sta- vided issues on which we have worked to have visited every State in the tus quo, a manifestation of the very jointly. Again, I thank them for taking United States and the territories in my American tendency to look beyond the time to help Alaska commemorate nearly 82 years of wonderful life that what is to what could be, and Alaska its 50th anniversary celebration. the good Lord has given me. I would has exceeded all expectations. That I will tell my colleagues, as the first think every American would deem, historic 1958 debate about Alaska’s Senator serving in the Senate to ever every American who has a feeling for statehood mentions things familiar have been born in the State of Alaska— the outside and the magnificent beauty today which remain the backbone of I was actually born just a little bit be- of nature, that their education would Alaska’s economy and, by extension, fore statehood, born in the territory—I not be complete unless they visit Alas- are integral to the U.S. economy, salm- am fiercely passionate about my State. ka and see with their own eyes and on, oil and natural gas to name a few. My mother was born in the community breathe the air, see the water, all the Alaska enriched our inventory of pub- of Nome in the early 1930s, at a time magnificent beauty. I have enjoyed a lic land immeasurably: forests rich in when Alaska was pretty rough and number of trips to Alaska, largely wildlife; the majestic mountains of the tumble. My family on both sides was sponsored by my dear friend Senator Denali and the breathtaking flanks and involved in the issues that led to state- STEVENS, through the years. We have soaring peak of Mount McKinley; gla- hood. I am very proud of how we as a been there together many times, many ciers of incredible beauty; rivers teem- State have advanced over these 50 times in connection with the U.S. mili- ing with salmon; and bays and harbors years. To be able to recognize that tary, which finds a wonderful home in with orcas and other ocean wildlife. progress and then look forward with Alaska. Alaskans have taken such good Alaska holds beauty and riches beyond anticipation as we forge the next 50 care of them. measure above and below the land, riv- years, a State that has so much to But you have a great strength. Those ers and oceans. offer this country, not only our natural of us in the Senate are proud to serve Periodically, the U.S. Senate does resources but the ingenuity and re- with two fine Senators from the great something that, in the words of Sen- sourcefulness of our people, the fact State of Alaska. ator Church that year, falls outside the that our Alaska Natives per capita Mr. President, I ask at this point in realm of meeting exigencies of the serve at record numbers in our mili- time if I could address the FISA bill. Is present. When the Senate bestowed tary, providing for the defense of this that the pending business or may I ask statehood upon Alaska 50 years ago country, we are full participants in to speak on that business now? The PRESIDING OFFICER. The Sen- this week, it grasped the brief shining this great Nation. Even though our ge- ate is postcloture on the motion to pro- moment history had granted it and ography separates us, there is a sense ceed to the FISA bill. looked beyond partisan politics to do of patriotism and love for this country Mr. WARNER. So it is appropriate at something great and glorious for the that does not go without recognition. this time to deliver remarks with re- good of our Nation. I am honored to stand before the Sen- gard to that bill? I appreciate the Senator from Alas- ate today to celebrate the battle that The PRESIDING OFFICER. The Sen- ka’s invitation to speak during this led to statehood and the recognition of ator is correct. auspicious time in Alaska’s history. I decades of good work. Mr. WARNER. I thank the Chair. am proud of the role of Idaho law- I yield the floor. Mr. President, this is one of the most makers in the history of Alaska’s The PRESIDING OFFICER. The Sen- important subjects I have had the statehood, particularly Senator ator from Alaska. privilege of addressing in my 30-some Church, and also Congresswoman Mr. STEVENS. Mr. President, I ask years in the Senate. I and many others Gracie Pfost who also supported Alas- unanimous consent to print in the will rise in connection with this bill in ka’s statehood that year. In fact, an RECORD the names of distinguished support of the FISA Amendments Act. editorial in the Fairbanks News-Miner young Alaskans who have been per- It is a critical piece of legislation for on May 6, 1958 called Senator Church mitted to be on the floor today to wit- America’s present and future security. ‘‘one of Alaska’s greatest champions in ness the celebration of our 50th anni- It achieves an important balance be- Congress.’’ versary. tween protecting civil liberties and en- Idaho and Alaska will always have There being no objection, the mate- suring that our dedicated intelligence much in common. Both western Rocky rial was ordered to be printed in the professionals have the capabilities they Mountain States, we face similar land RECORD, as follows: need to protect this Nation. use, wildlife and natural resource SENATOR MURKOWSKI’S INTERNS AND THEIR Currently, Admiral McConnell is Di- issues and we both celebrate the stag- HOMETOWNS rector of our intelligence system. I gering beauty of our land. While Idaho Brian O’Leary—Kodiak, Rochelle have had the privilege of knowing him does have the largest amount of wilder- Hanscom—Fairbanks, Nychele Fischetti— for over 30 years, working with him. ness area in the continental United Anchorage, Taryn Moore—Anchorage, We are fortunate that he and General Lyndsey Haas—Petersburg, Kristen Coan— States, it is dwarfed, of course, by Palmer, Wes Stephel—Soldotna, Haleigh Hayden and many others are carrying Alaska which has the largest amount Zueger—Unalaska, Kelsey Eagle—Sitka, the torch for our Nation’s intelligence. of Federal land of any State. Idaho and Samantha Novak—Anchorage, Cameron They have worked very hard on this Alaska lawmakers can be proud of half Piscoya—Nome, and Alexis Krell—Wasilla. piece of legislation, as has my dear col- a century of working together for the SENATOR STEVENS’ INTERNS AND THEIR league from Missouri, Senator BOND. I good of our States, our constituents HOMETOWNS am on the Intelligence Committee. He and the mountain west. Bennett Clare—Nikiski, Castillo Serame— has done a splendid job in negotiating Congratulations, Senator MURKOWSKI Anchorage, Choi Claire—Anchorage, Downey the conference—hopefully, what will be and Senator STEVENS, on the birthday Michael—Anchorage, Hein Dyle—Juneau, a settlement. He was supported by our of your great State. Horstkoetter Paul—Anchorage, Johnsen, chairman, Senator ROCKEFELLER. It I yield the floor. Jakob—Fairbanks, Lettow Jaimee—Wasilla, has been a team, with the two of them The PRESIDING OFFICER. The Sen- Malmberg Cort—Kodiak, Syversen Karmel— achieving the juncture we are at now Anchorage, Alguire Coleman—Ketchikan, ator from Alaska. Eby Eryn—Anchorage, Gilman Rebecca— in the consideration of this bill. Ms. MURKOWSKI. Mr. President, I Kenai, Joynt Marshall—Wasilla, The bill ensures that the intelligence thank my colleague from the State of Kazmierczak Jessica—Salcha, Mallipudi An- capabilities provided by the Protect Idaho. As he indicated, Senator Church dres—Anchorage, Oh Samuel—Wasilla, America Act, enacted in August of 2007, was a great leader in the statehood Osterman Thomas—Kasilof, and Welch remain sealed in statute. I cannot over- fight. Idaho and Alaska have long since Alisha—Bethel. emphasize how important that is to en- maintained that good relationship The PRESIDING OFFICER. The Sen- suring our Nation’s security. I wish to from five decades ago. I also recognize ator from Virginia. underscore, once again, the importance the comments of Senator MURRAY from Mr. WARNER. Mr. President, I won- of legal protection for the tele- Washington. The relationship our two der if I could add a word to my two dis- communications carriers that have vol- States have had throughout the years tinguished colleagues. I have had the untarily—underline voluntarily—come

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.021 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6197 forth for the private sector and have (See exhibit 1.) Intelligence Committee’s carefully assisted our Government with the ter- Mr. WARNER. The letter discussed crafted and limited liability provision, rorist surveillance program, commonly the Senate Intelligence Committee’s which is very similar to the provision referred to as TSP, which was origi- extensive and bipartisan review of the in the bill currently before us, these nated and authorized by the President TSP, which included dozens of brief- three distinguished public servants— under appropriate sections, in my judg- ings, hearings, and interviews, as well now private citizens—said: ment, of the Constitution, particularly as extensive document reviews. As a re- We agree with the Committee. Dragging article II. sult of this more than 10-month com- phone companies through protracted litiga- I wish to emphasize that I was privi- prehensive examination, the com- tion would not only be unfair, but it would leged to be Secretary of the Navy in mittee concluded—and I quote what deter other companies and private citizens the period of the 1970s, when the All- from responding in terrorist emergencies was written and published to our col- whenever there may be uncertainty or level Volunteer Force was conceived. That leagues by the committee— risk. force of young men and women, each of Irrespective of one’s opinion of the Presi- Unfortunately, our committee has al- dent’s reliance on Article II authority to jus- whom raised their hands and said, I ready heard testimony that without volunteer to serve in uniform, is not tify the TSP, those companies that assisted with the TSP did so in good faith and based such protections, some companies be- unlike the issue today with elements of lieve they can no longer continue their corporate America, the private sector, upon the written— I repeat: ‘‘written representations’’— cooperation and assistance to our who have come forward to volunteer to American Government, particularly from the highest levels of government that assist this Government in performing the intelligence sections. the intelligence responsibilities under- the program was lawful. The Committee’s bill reported out on a strong, bipartisan vote Messrs. Civiletti, Thornburgh, and taken which guarantee the freedoms Webster also wrote: and safety we enjoy every day here at of 13–2— I wish to repeat that. That is a The government alone cannot protect us home. The extensive evidence made from the threats we face today. We must available to the Senate Intelligence strong vote. I have served on the Intel- have the help of all of our citizens. There Committee shows that carriers that ligence Committee. This is my third will be times when the lives of thousands of participated in this program relied tour of duty, you might say, given that Americans will depend on whether corpora- upon our Government’s assurances that we have, under our leadership, stipu- tions such as airlines or banks are willing to their actions were legal, authorized by lated periods to serve. That is a big, lend assistance. If we do not treat them fair- strong vote. At one time, I was ranking ly when they respond to assurances from the the President, and in the best interests highest levels of the government that their member, as is Mr. BOND, of that com- of the security of our Nation. help is legal and essential for saving lives, In brief, our Government provided mittee, and that is about as strong a then we will be radically reducing our soci- the carriers with essential assurances, vote as you can get among the diver- ety’s capacity to defend itself. and the carriers responded to our Gov- sity of the wonderful people who have, That is very strong language, very ernment’s request for help. These car- throughout my years in the Senate, clear language. I urge my colleagues, riers must be protected from costly and served on that committee. once again, to look at their article. damaging lawsuits. Such lawsuits [That vote] reflects our determination that As the Senate considers this bill, it could end the current level of partici- companies that cooperated with the govern- should reject any amendments which pation in the vital intelligence pro- ment in good faith should be protected from would put the carriers and their mil- grams by these carriers and will likely time-consuming and expensive litigation. It lions of shareholders in legal limbo, is a matter of fundamental fairness. deter other companies and private citi- waiting while the Government litigates zens who might like to step forward End quote by the committee. unrelated constitutional claims. Law- and volunteer in helping us protect Another item which played a key suits against the companies would like- ourselves by virtue of the essential in- role in my thinking about the issue ly continue in the interim which telligence we must monitor and collect was a thoughtful article published in a would: have negative ramifications on every day. After all, these carriers are newspaper by private citizens with past our intelligence sources and methods; corporations in most instances, if not distinguished careers in public service likely harm the business reputations of all. They are beholden, the executives relating to intelligence. The first is these companies; and cause the compa- of these corporations, to the stock- Benjamin Civiletti, U.S. Attorney Gen- nies to reconsider their participation— holders. That is the system of free en- eral under President Jimmy Carter; or worse—cause them to terminate terprise we have in the United States. followed by Dick Thornburgh, U.S. At- their cooperation in the future. Consequently, they, on behalf of their torney General under President George The Senate Intelligence Committee, stockholders—and the stockholders Herbert Walker Bush; and Judge Wil- by a vote of 13 to 2, stated its belief could be the pension funds, could be a liam Webster, a very distinguished gen- that the carriers acted in good faith stock held by any number of people and tleman I have known personally for and that they deserve to be protected. entities in our system of Government— many years, former Director of the CIA Clearly the issue of whether the are coming forth simply asking for and former Director of the Federal Bu- President acted within his constitu- codification of assurances having been reau of Investigation. tional authority in authorizing the given by the Government so they can Now, there are three diverse public TSP can and should be addressed in a go back to their stockholders and ex- servants, with different political back- separate context from this bill. plain that: We are doing this to protect grounds, but they came together for Even the exclusive means provision America. We now have, by virtue of the the common purpose of trying to in this bill favored by my Democratic actions of the Congress, signed and strengthen America’s intelligence sys- colleagues in the House and Senate ac- sealed by the President, the law that tem. The article, entitled ‘‘Surveil- knowledges the President’s constitu- will protect your interests in this lance Sanity,’’ appeared in the October tional authority in stating that certifi- country from lawsuits which have no 31, 2007, edition of the Wall Street cations to companies for assistance foundation in law. Journal. I have spoken on the floor pre- shall identify the statutory provision I would like to share a ‘‘Dear Col- viously about this article and their on which the certification is based, ‘‘if league’’ letter which all Members of contribution, but because of its direct a certification . . . is based on statu- our Chamber some months ago received relevance to the issue we are now delib- tory authority.’’ This clearly indicates from the esteemed chairman and vice erating on and hopefully will vote on that the certification could be based on chairman of the Intelligence Com- today, I ask unanimous consent that a the President’s constitutional author- mittee, Senators ROCKEFELLER and copy of the article be printed in the ity. BOND. RECORD following my remarks. But, even if one did not agree that I ask unanimous consent that the The PRESIDING OFFICER. Without the President acted within his Article full text of the letter be printed in the objection, it is so ordered. II powers, why would anyone want to RECORD following my remarks. (See exhibit 2.) punish the carriers for something the The PRESIDING OFFICER. Without Mr. WARNER. Let me share with you Government called on them to do and objection, it is so ordered. some of their thoughts. Regarding the assured them was legal?

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.050 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6198 CONGRESSIONAL RECORD — SENATE June 26, 2008 Individuals who believe that the Gov- [P]roviding this liability protection is crit- the Committee recognized that allowing the ernment violated the civil liberties can ical to the Nation’s security. current litigation to continue could: (1) com- pursue legal action against the Govern- They confirmed that the intelligence promise our intelligence sources and meth- ment, and the bill before us does noth- community cannot obtain the intel- ods through ongoing discovery and other litigation proceedings; (2) result in significant ing to limit that legal recourse. ligence it needs without—I repeat, loss of business reputation or financial loss As stated so eloquently by Messrs. without—the assistance from these for those companies that participated in Civiletti, Thornburg, and Webster, I carriers, companies, and other seg- good faith; (3) jeopardize the personal safety quote the following: ments of the private sector. They of overseas employees of these companies if Whether the government has acted prop- noted: it becomes known that the companies as- erly is a different question from whether a It is critical that any long-term FISA mod- sisted the government in fighting terrorism; private person has acted properly in respond- ernization legislation contain an effective li- (4) put taxpayers’ dollars at risk for dubious ing to the government’s call for help. . . . ability protection provision. legal claims; and (5) lead to reluctance by Because a private person cannot have all the these and other companies to cooperate with information necessary to assess the pro- It should be clear from this letter legitimate requests for assistance in the fu- priety of the government’s actions, he must that the Director of National Intel- ture. be able to rely on official assurances about ligence and the Attorney General of The substitution amendment sponsored by need and legality. the United States could not support Senators Specter and Whitehouse does not I strongly believe that the President the bill without explicit retroactive alleviate any of these concerns. Even if the companies are removed directly from the did act within his Article II executive legal protection for the carriers and other segments of the private sector. litigation, discovery would still be allowed branch authority in authorizing this to proceed against them. In short, the con- program. Even the exclusive means It is for these reasons that I urge my duct of the companies would continue to be provision in this bill favored by my colleagues to support H.R. 6304, the litigated, raising significant concerns that Democratic Colleagues in the House FISA Amendments Act, as passed by their identities or details about their assist- and Senate acknowledges the Presi- the House, and to vote against any ance will be disclosed. Given the essential dent’s constitutional authority in stat- amendments that intend to strip out or role that our private partners play in intel- ing that certifications to companies for alter the critical civil liability provi- ligence collection, we believe that this is simply too great a risk to our national secu- assistance shall identify the statutory sion or any other section of the bill that is essential to our intelligence rity. provision on which the certification is We believe, therefore, that the ongoing based ‘‘if a certification . . . is based on community. litigation against the telecommunication statutory authority.’’ This clearly in- Mr. President, I yield the floor. companies should be brought to an imme- dicates the certification could be based EXHIBIT 1 diate close and that the Intelligence Com- on the President’s constitutional au- U.S. SENATE, mittee’s bipartisan determination of good thority. SELECT COMMITTEE ON INTELLIGENCE, faith should stand. We urge you to support But even if one did not agree that the Washington, DC, February 1, 2008. the Intelligence Committee’s bill and oppose DEAR COLLEAGUES: The FISA Amendments any effort to modify or strike its civil liabil- President acted—acted—within the ity provision. confines of the U.S. Constitution—par- Act, S. 2248, provides limited and narrowly- drawn retroactive civil liability protection Sincerely, ticularly article II outlines the execu- to those telecommunication companies that JOHN D. ROCKEFELLER IV, tive branch’s power under the Presi- allegedly assisted the government with the Chairman. dent—why would anyone want to pun- President’s Terrorist Surveillance Program CHRISTOPHER S. BOND, ish the carriers for something the Gov- (TSP). An amendment has been offered to Vice Chairman. ernment called on them to do and as- this Act to strike these liability protections EXHIBIT 2 sured them was legal? Individuals who in favor of ‘‘substitution,’’ a legal mecha- [From the Wall Street Journal, Oct. 31, 2007] nism for replacing the companies in the on- believe the Government violated their SURVEILLANCE SANITY civil liberties can pursue legal action going TSP litigation with the government. The Senate Intelligence Committee con- (By Benjamin Civiletti, Dick Thornburgh against the Government, and the bill ducted a comprehensive and bipartisan re- and William Webster) before us does nothing—I repeat: does view of the President’s TSP, including the Following the terrorist attacks of Sept. 11, nothing—to prohibit a citizen to bring issue of carrier liability. The Committee re- 2001, President Bush authorized the National that legal recourse against their Gov- viewed numerous documents, including the Security Agency to target al Qaeda commu- ernment, the U.S. Government. Department of Justice legal opinions and the nications into and out of the country. Mr. As stated so eloquently in the letters from the government to the compa- Bush concluded that this was essential for Messrs. Civiletti, Thornburgh, and nies. The Committee held a number of brief- protecting the country, that using the For- Webster document, I further quote: ings and hearings involving government and eign Intelligence Surveillance Act would not company officials. The Committee also vis- permit the necessary speed and agility, and Whether the government has acted prop- ited the National Security Agency to see that he had the constitutional power to au- erly is a different question from whether a firsthand how the TSP worked. thorize such surveillance without court or- private person has acted properly in respond- As a result of this extensive review, the ders to defend the country. ing to the government’s call for help. . . . Be- Committee concluded that, irrespective of Since the program became public in 2006, cause a private person cannot have all the one’s opinion of the President’s reliance on Congress has been asserting appropriate information necessary to assess the pro- Article II authority to justify the TSP, those oversight. Few of those who learned the de- priety of the government’s actions, he must companies that assisted with the TSP did so tails of the program have criticized its ne- be able to rely on official assurances about in good faith and based upon the written rep- cessity. Instead, critics argued that if the need and legality. resentations from the highest levels of gov- president found FISA inadequate, he should I agree with the conclusions of these ernment that the program was lawful. have gone to Congress and gotten the three eminent private citizens. The Committee’s bill, reported out on a changes necessary to allow the program to I would like to also call your atten- strong, bipartisan vote of 13–2, reflects our proceed under court orders. That process is tion to an important letter sent last determination that companies that cooper- now underway. The administration has week—June 19, 2008—to Senate and ated with the government in good faith brought the program under FISA, and the should be protected from time-consuming Senate Intelligence Committee recently re- House leadership from the Attorney and expensive litigation. It is a matter of ported out a bill with a strong bipartisan General of the United States and the fundamental fairness. The Committee re- majority of 13–2, that would make the Director of National Intelligence—that jected the broad immunity proposal sought changes to FISA needed for the program to is GEN Michael Mukasey and ADM Mi- by the Administration. Our limited immu- continue. This bill is now being considered chael McConnell—two distinguished nity provision only covers assistance pro- by the Senate Judiciary Committee. public servants now serving America. vided from September 11th to when the TSP Public disclosure of the NSA program also Mr. President, I also ask unanimous was put under court authorization in Janu- brought a flood of class-action lawsuits seek- consent that this letter be printed in ary of last year. It does not provide protec- ing to impose massive liability on phone tion from criminal prosecution or extend companies for allegedly answering the gov- the RECORD following my remarks. protections to government officials. Any liti- ernment’s call for help. The Intelligence The PRESIDING OFFICER. Without gation against government officials will con- Committee has reviewed the program and objection, it is so ordered. tinue. has concluded that the companies deserve (See exhibit 3.) In concluding that civil liability protec- targeted protection from these suits. The Mr. WARNER. These gentlemen said: tion for those companies was appropriate, protection would extend only to activities

VerDate Aug 31 2005 05:49 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.024 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6199 undertaken after 9/11 until the beginning of tional powers—is not the kind of question a rected at foreign targets outside the United 2007, authorized by the president to defend private party can definitively determine. States, the bill provides that the Foreign In- the country from further terrorist attack, The companies were not in a position to say telligence Surveillance Court (FISC) would and pursuant to written assurances from the that the government was definitely wrong. review certifications made by the Attorney government that the activities were both au- Prior to FISA’s 1978 enactment, numerous General and the Director of National Intel- thorized by the president and legal. federal courts took it for granted that the ligence relating to these acquisitions, the We agree with the committee. Dragging president has constitutional power to con- reasonableness of the procedures used by the phone companies through protracted litiga- duct warrantless surveillance to protect the Intelligence Community to ensure the tar- tion would not only be unfair, but it would nation’s security. In 2002, the FISA Court of gets are overseas, and the minimization pro- deter other companies and private citizens Review, while not dealing directly with the cedures used to protect the privacy of Ameri- from responding in terrorist emergencies NSA program, stated that FISA could not cans. The scope of the FISC’s review is care- whenever there may be uncertainty or legal limit the president’s constitutional powers. fully and rightly crafted to focus on aspects risk. Given this, it cannot be said that the compa- of the acquisition that may affect the pri- The government alone cannot protect us nies acted in bad faith in relying on the gov- vacy rights of Americans so as not to confer from the threats we face today. We must ernment’s assurances of legality. quasi-constitutional rights on foreign terror- have the help of all our citizens. There will For hundreds of years our legal system has ists and other foreign intelligence targets be times when the lives of thousands of operated under the premise that, in a public outside the United States. Americans will depend on whether corpora- emergency, we want private citizens to re- We have been clear that any satisfactory tions such as airlines or banks are willing to spond to the government’s call for help un- bill could not require individual court orders lend assistance. If we do not treat companies less the citizen knows for sure that the gov- to target non-United States persons outside fairly when they respond to assurances from ernment is acting illegally. If Congress does the United States, nor could a bill establish the highest levels of the government that not act now, it would be basically saying a court-approval mechanism that would their help is legal and essential for saving that private citizens should only help when cause the Intelligence Community to lose lives, then we will be radically reducing our they are absolutely certain that all the gov- valuable foreign intelligence while awaiting society’s capacity to defend itself. ernment’s actions are legal. Given the such approval. H.R. 6304 would do neither This concern is particularly acute for our threats we face in today’s world, this would and would retain for the Intelligence Com- nation’s telecommunications companies. be a perilous policy. munity the speed and agility that it needs to America’s front line of defense against ter- EXHIBIT 3 protect the Nation. The bill would establish rorist attack is communications intel- a schedule for court approval of certifi- JUNE 19, 2008. ligence. When Americans put their loved cations and procedures relating to renewals Hon. NANCY PELOSI, Speaker, ones on planes, send their children to school, of existing acquisition authority. A critical House of Representatives, or ride through tunnels and over bridges, feature of the H.R. 6304 would allow existing Washington, DC. they are counting on the ‘‘early warning’’ acquisitions, which were the subject of court DEAR MADAM SPEAKER: This letter presents review under the Protect America Act or system of communications intelligence for the views of the Administration on the For- will be the subject of such review under the their safety. Communications technology eign Intelligence Surveillance Act of 1978 H.R. 6304, to continue pending court review. has become so complex that our country (‘‘FISA’’) Amendments Act of 2008 (H.R. With respect to new acquisitions, absent exi- needs the voluntary cooperation of the com- 6304). The bill would modernize FISA to re- panies. Without it, our intelligence efforts gent circumstances, Court review of new pro- flect changes in communications technology cedures and certifications would take place will be gravely damaged. since the Act was first passed 30 years ago. Whether the government has acted prop- before the Government begins the acquisi- The amendments would provide the Intel- erly is a different question from whether a tion. The exigent circumstances exception is ligence Community with the tools it needs to private person has acted properly in respond- critical to allowing the Intelligence Commu- collect the foreign intelligence necessary to ing to the government’s call for help. From nity to respond swiftly to changing cir- secure our Nation while protecting the civil its earliest days, the common law recognized cumstances when the Attorney General and liberties of Americans. The bill would also that when a public official calls on a citizen the Director of National Intelligence deter- provide the necessary legal protections for to help protect the community in an emer- mine that intelligence may be lost or not those companies sued because they are be- gency, the person has a duty to help and timely acquired. Such exigent circumstances lieved to have helped the Government pre- should be immune from being hauled into could arise in certain situations where an vent terrorist attacks in the aftermath of court unless it was clear beyond doubt that unexpected gap has opened in our intel- September 11. Because this bill accomplishes the public official was acting illegally. Be- ligence collection efforts. Taken together, these two goals essential to any effort to cause a private person cannot have all the these provisions would enable the Intel- modernize FISA, we strongly support pas- information necessary to assess the pro- ligence Community to keep closed the intel- sage of this bill and will recommend that the priety of the government’s actions, he must ligence gaps that existed before the passage President sign it. of the Protect America Act and ensure that be able to rely on official assurances about Last August, Congress took an important it will have the opportunity to collect crit- need and legality. Immunity is designed to step toward modernizing FISA by enacting ical foreign intelligence information in the avoid the burden of protracted litigation, be- the Protect America Act of 2007. That Act al- future. cause the prospect of such litigation itself is lowed us temporarily to close intelligence enough to deter citizens from providing Exclusive means. H.R. 6304 contains an ex- gaps by enabling our intelligence profes- clusive means provision that goes beyond the critically needed assistance. sionals to collect, without having to first ob- As the Intelligence Committee found, the exclusive means provision that was passed as tain a court order, foreign intelligence infor- companies clearly acted in ‘‘good faith.’’ The part of FISA. As we have previously stated, mation from targets overseas. The Act has situation is one in which immunity has tra- we believe that the provision will complicate enabled us to gather significant intelligence ditionally been applied, and thus protection the ability of Congress to pass, in an emer- critical to protecting our Nation. It has also from this litigation is justified. gency situation, a law to authorize imme- First, the circumstances clearly showed been implemented in a responsible way, sub- diate collection of communications in the that there was a bona fide threat to ‘‘na- ject to extensive executive, congressional, aftermath of an attack or in response to a tional security.’’ We had suffered the most and judicial oversight in order to protect the grave threat to the national security. Unlike devastating attacks in our history, and Con- country in a manner consistent with safe- other versions of this provision, however, the gress had declared the attacks ‘‘continue to guarding Americans’ civil liberties. Since one in this bill would not restrict the au- pose an unusual and extraordinary threat’’ passage of the Act, the Administration has thority of the Government to conduct nec- to the country. It would have been entirely worked closely with Congress to address the essary surveillance for intelligence and law reasonable for the companies to credit gov- need for longterm FISA modernization. This enforcement purposes in a way that would ernment representations that the nation joint effort has involved compromises on harm national security. faced grave and immediate threat and that both sides, but we believe that it has re- Oversight and Protections for the Civil Lib- their help was needed to protect American sulted in a strong bill that will place the Na- erties of Americans. H.R. 6304 contains numer- lives. tion’s foreign intelligence effort in this area ous provisions that protect the civil liberties Second, the bill’s protections only apply if on a firm, long-term foundation. Below, we of Americans and allow for extensive execu- assistance was given in response to the presi- have set forth our views on certain impor- tive, congressional, and judicial oversight of dent’s personal authorization, communicated tant provisions of H.R. 6304. the use of the authorities. The bill would rein writing along with assurances of legality. TITLE I—FOREIGN INTELLIGENCE SURVEILLANCE quire the Attorney General and the Director That is more than is required by FISA, Title I of H.R. 6304 contains key authori- of National Intelligence to conduct semi- which contains a safe-harbor authorizing as- ties that would ensure that our intelligence annual assessments of compliance with tar- sistance based solely on a certification by agencies have the tools they need to collect geting procedures and minimization proce- the attorney general, his designee, or a host vital foreign intelligence information and dures and to submit those assessments to the of more junior law enforcement officials that would provide significant safeguards for the FISC and to Congress. The FISC and Con- no warrant is required. civil liberties of Americans. gress would also receive annual reviews re- Third, the ultimate legal issue—whether Court Approval. With respect to authoriza- lating to those acquisitions prepared by the the president was acting within his constitutions for foreign intelligence surveillance di- heads of agencies that use the authorities

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.027 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6200 CONGRESSIONAL RECORD — SENATE June 26, 2008 contained in the bill. Congress would receive mittee also recognized that companies in the The PRESIDING OFFICER. Without reviews from the Inspectors General of these future may be less willing to assist the Gov- objection, it is so ordered. agencies and of the Department of Justice ernment if they face the threat of private Ms. STABENOW. Thank you, Mr. regarding compliance with the provisions of lawsuits each time they are believed to have President. the bill. In addition, the bill would require provided assistance. Finally, allowing litiga- the Attorney General to submit to Congress tion over these matters risks the disclosure MEDICARE IMPROVEMENTS FOR PATIENTS AND a report at least semiannually concerning of highly classified information regarding in- PROVIDERS ACT the implementation of the authorities pro- telligence sources and methods. As we have We are at a critical point today for 44 vided by the bill and would expand the cat- stated on many occasions, it is critical that million Medicare beneficiaries—sen- egories of FISA-related court documents any long-term FISA modernization legisla- iors, people with disabilities—and the that the Government must provide to the tion contain an effective liability protection physicians, the health care providers, congressional intelligence and judiciary provision. H.R. 6304 contains just such a pro- who serve them. We are at a critical committees. vision and for this reason, as well as those point. Title I also includes provisions that would expressed with respect to Title I above, we I am very hopeful we are not going to protect the civil liberties of Americans. For strongly support its passage. see this number go up—the number of instance, the bill would require for the first III. TITLE III—REVIEW OF PREVIOUS ACTIONS filibusters that have been done on the time that a court order be obtained to con- Title III would require the Inspectors Gen- duct foreign intelligence surveillance outside eral of the Department of Justice, the Office other side of the aisle. I am very hope- the United States of an American abroad. of the Director of National Intelligence, and ful this number is not going to go from Historically, Executive Branch procedures of certain elements of the Intelligence Com- 78 to 79 over the Medicare legislation guided the conduct of surveillance of a U.S. munity to review certain communications that is in front of us. person overseas, such as when a U.S. person surveillance activities, including the Ter- We have already seen a filibuster in a acts as an agent of a foreign power, e.g., spy- rorist Surveillance Program described by the successful effort to stop the Medicare ing on behalf of a foreign government. Given President. Although improvements have bill that would make sure that the 10- the complexity of extending judicial review been made over prior versions of this provi- percent cut for physicians does not to activities outside the United States, these sion, we believe, as we have written before, provisions were carefully crafted with Con- that it is unnecessary in light of the Inspec- take place and that other preventative gress to ensure that such review can be ac- tor General reviews previously completed, and other access issues are addressed. complished while preserving the necessary those already underway, and the congres- That is already part of these 78 filibus- flexibility for intelligence operations. Other sional intelligence and judiciary committee ters. We have already seen the Medi- provisions of the bill address concerns that oversight already conducted. Nevertheless, care bill filibustered. some voiced about the Protect America Act, we do not believe that, as currently drafted, But today we are hopeful, based on such as clarifying that the Government can- the provision would create unacceptable the wonderful bipartisan vote of 355 not ‘‘reverse target’’ without a court order operational concerns. The bill contains im- Members of the House of Representa- and requiring that the Attorney General es- portant provisions to make clear that such tablish guidelines to prevent this from oc- reviews should not duplicate reviews already tives, that as we come back with their curring. We believe that, taken together, conducted by Inspectors General. bill that was passed—and I should men- these provisions will allow for ample over- IV. TITLE IV—OTHER PROVISIONS tion, based on the bill that was crafted sight of the use of these new authorities and Title IV contains important provisions by Senator BAUCUS; and I wish to give ensure that the privacy and civil liberties of that will ensure that the transition between him tremendous credit for all the hard Americans are well protected. the current authorities and the authorities work he has done; and I am proud to be II. TITLE II—PROTECTIONS FOR ELECTRONIC provided in this bill will not have a detri- a member of the Finance Committee, COMMUNICATIONS SERVICE PROVIDERS mental effect on intelligence operations. as the distinguished Presiding Officer Title II of the bill contains, among other Title IV also states that the authorities in the bill sunset at the end 2012. We have long is—but the House, based on the work of provisions, vital protections for electronic the Senate, as well, has passed, with communications service providers who assist favored permanent modernization of FISA. the Intelligence Community’s efforts to pro- The Intelligence Community operates more 355 votes, on a bipartisan basis, a bill tect the Nation from terrorism and other effectively when the rules governing our in- to make sure 44 million seniors and foreign intelligence threats. Title II would telligence professionals’ ability to track our people with disabilities do not find provide liability protection related to future enemies are firmly established. Stability of themselves worse off as it relates to assistance while ensuring the protection of law also allows the Intelligence Community being able to get a doctor or being able sources and methods. Importantly, the bill to invest resources appropriately. Congress to get the care they need. has extensively debated and considered the would also provide the necessary legal pro- So we are at a crossroads right now. tection for those companies who are sued need to modernize FISA since 2006, a process that has involved numerous hearings, brief- The time is up. As of next Tuesday, only because they are believed to have July 1, a cut will take effect if we do helped the Government with communica- ings, and floor debates. The process has been tions intelligence activities in the aftermath valuable and necessary, but it has also in- not act. On top of that, we will not see of September 11, 2001. volved the discussion in open settings of ex- the other beneficial parts of this bill The framework contained in the bill for ob- traordinary information dealing with sen- take effect for our seniors, for people taining retroactive liability protection is sitive intelligence operations. Every time we with disabilities, for their families. So narrowly tailored. An action must be dis- repeat this process it risks exposing our intelligence sources and methods to our adver- we are now at a point where it is deci- missed if the Attorney General certifies to sionmaking time. The House has acted. the district court in which the action is saries. Although we would prefer that H.R. 6304 contain no sunset, a sunset in 2012 is sig- It is my understanding they will, in pending that either: (i) the electronic com- nificantly longer than others that were pro- fact, be adjourning at the end of today, munications service provider did not provide posed and it is long enough to avoid impair- the assistance; or (ii) the assistance was pro- and we will be in a situation to either ing the effectiveness of intelligence oper- vided in the wake of the September 11 attack act, based on a strong bipartisan vote ations. and a tremendous amount of work that and was the subject of a written request or Thank you for the opportunity to present series of requests from a senior Government our views on this crucial bill. We reiterate has been done in the Senate, or we will official indicating that the activity was au- our sincere appreciation to the Congress for see devastating consequences in the thorized by the President and determined to working with us on H.R. 6304, a long-term Medicare system. be lawful. The district court would be re- FISA modernization bill that will strengthen I do not want to see this number go quired to review this certification before dis- the Nation’s intelligence capabilities while from 78 to 79 because of a filibuster on missing the action, and the provision allows respecting and protecting the constitutional a critically important Medicare bill. for the participation of the parties to the rights of Americans. We strongly support its lawsuit in a manner consistent with the pro- That is what we are talking about. prompt passage. This legislation itself is good public tection of classified information. The liabil- Sincerely, ity protection provision does not extend to MICHAEL B. MUKASEY, policy. That is why it received the 355 the Government or to Government officials Attorney General. votes that it did, because it not only and it does not immunize any criminal con- J.M. MCCONNELL, stops the cut, the 10-percent cut that is duct. Director of National Intelligence. scheduled to take place next Tuesday, Providing this liability protection is crit- July 1—which, by the way, is the result ical to the Nation’s security. As the Senate The PRESIDING OFFICER. The Sen- Select Committee on Intelligence recog- ator from Michigan. of a fatally flawed sustainable growth nized, ‘‘the intelligence community cannot Ms. STABENOW. Mr. President, I ask rate formula, which I have talked obtain the intelligence it needs without as- unanimous consent to speak as in about many times on this floor—we sistance from these companies.’’ That com- morning business. have to change the way what is called

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.010 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6201 the SGR is set up in terms of physician through the health care system. We all 16 women Members. We have co- payments—this would not only stop a have had the opportunity to see how sponsored the HEART for Women Act, major cut for physicians that trans- well telemedicine works for all of our which begins to gather gender and race lates into cuts in service for Medicare seniors, for people with disabilities, for data to determine gaps in coverage beneficiaries, but it also does some families in general in the UP, as well around heart disease. We are now using other very important things that reas in northern Michigan and all around similar language in the Medicare bill late to increasing service. Michigan, including our rural commu- to collect more data for researchers First, let me say that if the cut were nities, as well as in many of our urban about disparities around health treat- to take effect, we are talking about in communities. Telehealth is very im- ments and so on. Michigan alone losing $540 million— portant and it is expanded in this Medi- The bottom line is this is a must-pass $540 million—for the care of seniors and care bill with more access to care. bill, and we need to pass it now. Time people with disabilities over the next 18 We also address the first building is running out. In fact, in my mind, months—only 18 months, $540 million, block of health information tech- time has run out. It is now time to act if we do not act before next Tuesday. nology, and that is e-prescribing. There today. When our leader, Senator REID, Right now, as to the 20,000 M.D.s and are incentives for physicians to use e- who is very committed to this legisla- D.O.s in Michigan who provide high- prescribing and there is accountability tion, committed to Medicare, came to quality care to 1.4 million seniors and in that arena. This is another area I the floor and asked for unanimous con- people with disabilities and the over have to say that I am proud of my sent to be able to take up the Medicare 90,000 TRICARE beneficiaries—our men State of Michigan for, because we have bill, there were objections again. I am and women in the military—we would spent a lot of time and effort, and we very concerned that those objections see cutbacks in their staffing, in their have gotten real results for people, in are going to be leading to another fili- ability to provide service. terms of saving lives and saving money buster, another filibuster vote coming I have heard so many stories from as it relates to e-prescribing. We have a in the next day or few days. physicians’ practices about what all of group called the Southeastern Michi- I hope colleagues are aware that the this means. At a time when more and gan E-prescribing Initiative, our auto American Medical Association strongly more people are going into Medicare, industry, the United Auto Workers, supports this bill and has been actively as our country is aging, we do not need BlueCross and BlueShield, and many of involved in promoting the bill and urg- to see cutbacks that mean there are our businesses and providers have come ing all of us to support the bill. The fewer physicians available to treat our together and found extraordinary re- AARP, a leading seniors’ organization, senior citizens and people with disabil- sults. has endorsed the House bill as well. I ities. That is what that means. That is One of the things that I think is so will read a portion of their letter. what this will mean if we do not act. important about e-prescribing is when AARP’s letter notes: Additionally, the bill provides impor- you have an e-prescribing system, an Our members have also stressed strong in- tant and meaningful protections. We electronic system where your current terest in knowing how their elected officials are looking at increasing help for low- medicines can then be compared with vote on key issues that affect older Ameri- income seniors, low-income individuals any new prescription that the physi- cans. Given the importance of the Medicare on Medicare who will be able to get ad- cian wishes to write, they are finding legislation, we will be informing them how ditional assistance. It also improves very important safety and quality re- their Senators vote on this legislation when coordination in a number of areas and sults. For instance, 423,000 prescrip- it comes to the Senate floor. addresses what we call mental health tions that were originally written by There is great concern among people parity—being able to make sure that physicians were changed or canceled by around the country watching and wait- mental health services are treated in the doctor once they received very im- ing. People are asking what is taking the same way as public health services. portant information about potential al- us so long and why haven’t we acted. This is something we have gone on lergic reactions or some other inter- We have legislation that we worked record to address in this body in a bi- action with the other medicines their through on a bipartisan basis here in partisan basis on more than one occa- patient was on. So this is very impor- the Senate, and it has now passed by sion. In this Medicare bill, we address tant information that is available. We 355 votes in the House of Representa- discrepancies between mental health also know that 39 percent of the time, tives. You can’t get much better than services and physical health services, the physician, given more information, that vote. This bill has now come over all of which are the same thing, in my changed the prescription to save the to us and it is time for us to act. mind. This is a continuum of care in patient and the employer money; being I thank again Chairman BAUCUS for terms of health care. But that is ad- able to offer the option of more generic his leadership and his hard work. I also dressed in this bill and has very strong drugs. So there are huge benefits to e- thank my good friends in the House, support. prescribing. On top of that, you can Chairman RANGEL and Chairman DIN- The bill also addresses very impor- read the physician’s handwriting, and I GELL, for their work on behalf of Medi- tant investments in technology for the say that lovingly to all of my physi- care beneficiaries and physicians. I future—investments that won’t take cian friends. stand squarely behind this bill. I was place, such as electronic medical But we are in a situation now where proud to introduce legislation a num- records that will not be developed if, in we have a bill in front of us that not ber of months back to address the ques- fact, we see huge cuts in Medicare, only stops cuts that would be dev- tion of physician payment and the need rather than investing in the future and astating but looks to the future in to change the process and the way this investing in technology. terms of electronic e-prescribing, in is done fundamentally. I am so pleased The legislation in front of us would terms of telehealth, preventive serv- that the bill in front of us mirrors the do two things in the area of tech- ices, helping low-income seniors and 18-month bill I introduced and adds to nology. We would provide additional people with disabilities, being able to it some critically important changes, opportunities for telehealth—more pro- provide mental health parity; a number critically important incentives to mod- viders, more facilities that would be of areas that while they overall are low ernize the system with telehealth and able to use and be reimbursed for tele- in cost are huge in benefit in terms of more access to health care, modernize health—and we focus on e-prescribing, savings lives. In fact, there are many the system as it relates to electronic which is the first stage of health infor- places in this bill where we are talking prescribing, and does more to make mation technology, bringing it into the about saving dollars at the same time sure our low-income seniors receive the 21st century in terms of our health we are saving lives. help they need, and makes sure that we care system and technology. I am also very pleased with the fact are, in fact, providing a more equitable I am very proud of Michigan. We that the bill addresses a number of system where mental health and phys- have been one of the leaders in both of health disparities that face those who ical health payments and services are these areas. In telehealth, in the upper receive Medicare based on the legisla- looked at in the same kind of way. This peninsula of Michigan, we have had 15 tion I have introduced with, in fact, all is very important. Focusing more on counties that have been connected of the women Members of the Senate— prevention is very important.

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.053 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6202 CONGRESSIONAL RECORD — SENATE June 26, 2008 The bottom line is we have 44 million While [the] KC–767 offers significant capa- personnel, and equipment to the battle- Americans who rely on Medicare every bilities, the overall tanker/airlift mission is field knows the critical need for as day. Medicare is a great American suc- best supported by the KC–30. much airlift capability as they can cess story. It passed in 1965. It is a The Northrop team. have. These refueling tankers can also great American success story that has They go on to say: serve as a cargo aircraft and a troop brought healthier lives through better [The] KC–30 solution is superior in the core movement aircraft. Clearly, the Nor- medical care as well as opportunities capabilities of fuel capacity/offload, airlift throp Grumman aircraft is more ad- for longer lives for millions and mil- efficiency, and cargo/passenger/aeromedical vantageous, according to the Air lions of Americans. Access to those carriage. Force’s professional finding. And that services is jeopardized seriously if we On the most important factors, the was approved by the GAO’s analysis. do not pass this bill. The ability to ex- core capabilities, they found that the The GAO also found and upheld the pand on services and prevention is also Northrop team’s aircraft was superior. Air Force’s holding that Northrop in jeopardy if we do not pass this bill. GAO did not overrule those findings. Grumman had a higher ‘‘fleet effective- I am hopeful we will come together, In fact, the contrary is the case. What ness’’ rating. Fleet effectiveness—also as our House colleagues have done, and GAO said was in this very long, com- called IFARA—reflects ‘‘the quantity stand on a bipartisan basis in support plex RFP request for proposal—and of an offeror’s aircraft that would be of our providers, our health care pro- legal requirements of bidding proc- required to perform the scenarios in re- viders and, most importantly, those esses, the Air Force made some errors. lation to the number of KC–135R airmen and women who are counting on Mr. President, 111 complaints were craft that would have been required.’’ us to keep the Medicare system strong raised against the Air Force, but 8 were Put simply, to boil that down, the Air for the future. I am hopeful we will not found to be worthy of objection. Force judged that one Northrop plane see another filibuster stopping us from In the course of GAO’s evaluation of could do more refueling more effi- addressing the important issues of the procedural conduct of the bid proc- ciently than one Boeing plane. And the Medicare. This needs to be done today. ess, they reached these conclusions GAO upheld that finding. Mr. President, I yield the floor and that I think have been overlooked as GAO found no fault with the Air suggest the absence of a quorum. people have discussed this issue. For Force’s conclusion that Boeing’s pro- The ACTING PRESIDENT pro tem- example, the GAO stated and did not posal was more risky in certain areas pore. The clerk will call the roll. dispute this: and that their past performance on The assistant legislative clerk pro- Northrop Grumman’s proposed aircraft ex- similar contracts was ‘‘marginal.’’ ceeded to call the roll. ceeded to a greater degree than Boeing’s air- The GAO said: Mr. SESSIONS. Mr. President, I ask craft a key performance parameter objective We find from our review of the record no unanimous consent that the order for to exceed the RFP’s identified fuel offload to basis to object to the Air Force’s past per- the quorum call be rescinded. the receiver aircraft versus the unrefueled formance evaluation, under which both The ACTING PRESIDENT pro tem- radius range of the tanker. firms’ past performance received a satisfac- pore. Without objection, it is so or- In other words, GAO concluded and tory confidence rating. We also find no basis dered. agreed that the KC–45 is more capable to question the SSA’s judgment that, despite Mr. SESSIONS. Mr. President, I ask at refueling than the Boeing aircraft, equal confidence ratings that the firms re- unanimous consent to speak as in ceived under this factor overall, Northrop which is what the Air Force found. Grumman’s higher ‘‘satisfactory confidence’’ morning business for a few minutes. They did not object to that point. rating, as compared to Boeing’s ‘‘little con- The ACTING PRESIDENT pro tem- In addition to carrying more fuel, fidence’’ rating, under the program manage- pore. Without objection, it is so or- which clearly the Northrop team’s air- ment area, was a reasonable discriminator. dered. craft does, the GAO also agreed with The Air Force evaluated Boeing’s past per- TANKER AIRCRAFT COMPETITION the Air Force’s professional conclusion formance as marginal in this area . . . We Mr. SESSIONS. Mr. President, we that it would be easier—and this is im- have no basis, on this record, to find the Air Force’s judgment unreasonable. heard a good bit recently and there has portant—it would be easier for pilots to been some discussion in the Senate refuel their jet fighters, for example, What that means is they evaluated about the competition for the tanker from the Northrop KC–45. This is an how well both of the bidders, Northrop aircraft that was decided by the Air important issue. Grumman and Boeing, have performed Force in favor of the Northrop Grum- The GAO said: in other contracts in the past and man team. Boeing also protests the Air Force’s con- found that Boeing’s record was less The Government Accountability Of- clusion in the aerial refueling area that Nor- sound. They were less reliable in per- fice team of lawyers—not technicians— throp Grumman’s proposed larger boom en- forming the contract once they had conducted a review of the procedures velope— been awarded it, and they gave extra utilized in that selection process, in The spread of the refueling booms— points for that. That was affirmed by light of 111 objections filed by the los- proposed larger boom envelope offered a the GAO. ing Boeing team. They concluded that meaningful benefit to the Air Force. From Amidst all the discussion of proce- eight objections were merited against our review of the record, including hearing dure and KKPs, RFPs, and dotted i’s the procedural conduct of the competi- testimony on this issue, we do not find a and crossed t’s, what did the GAO say tion by the Air Force. Now the ball is basis to object to the Air Force’s judgment in this matter? They said the Air Force back in the lap of the Air Force to re- that Northrop Grumman had offered a larger picked a plane that could carry and off- view those objections and to take ap- boom envelope and that this offer provided load more fuel more efficiently and in propriate steps to make sure this is a measurable benefit. a more desirable way for the pilots. fair and just competition. Further, the GAO also supported the They also found that the plane’s sec- I will just say that I was committed Air Force’s conclusion that Northrop’s ondary mission, airlift, that can be in the beginning and throughout this KC–45 was a better airlifter. very critical in a national emergency process that it should be a nonpolitical GAO said: when we have to move cargo and per- decision, a decision made by the U.S. Boeing also challenges the Air Force’s sonnel rapidly around the world would Air Force based on the criteria set out evaluation judgment in the airlift area that be accomplished more effectively by in law, based on the fact that the Con- Northrop Grumman’s proposed aircraft of- the Northrop aircraft. Finally, GAO fered superior cargo, passenger, and gress, after an attempt had been made aeromedical evacuation capability than did agreed that the Northrop plane was to carry out a sole-source lease agree- Boeing’s aircraft. From our review of the lower risk and that Boeing had mar- ment for the Boeing aircraft—after record, including the hearing testimony, we ginal past performance. that was rejected and after great em- see no basis to conclude that the Air Force’s So as we allow this process to pro- barrassment to the Air Force and Boe- evaluation that Northrop Grumman’s air- ceed, as it should, as we expect the Air ing, we ordered that a bid take place. craft was more advantageous in the airlift Force to take seriously the matters I want my colleagues to understand area is unreasonable. raised by the GAO, we will adhere to the posture we are in. At the end of the That is a big issue. Every combatant one overriding principle; that is, Con- bid process, the Air Force concluded commander with whom I have talked gress ordered that the Air Force con- this: and who has had to move troops, cargo, duct a bid of which would be the best

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.054 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6203 aircraft. This bid process was con- In the 1990s, the country continued to Zimbabwe away from Mugabe’s ruling ducted by the Air Force as we as Mem- weaken under the self-centered leader- party, and, in turn, continues to main- bers of Congress directed. I, as a law- ship of Mugabe. As the Book of Prov- tain tight control of food distributions. yer, am not capable of flying an air- erbs—Solomon—tells us: ‘‘Where there The totalitarian regime has, not sur- craft. Nor am I capable of analyzing is no vision, the people perish.’’ That is prisingly, placed a very significant em- aerodynamics and validating how much what is happening in Zimbabwe. phasis on their military and security weight or wingspan or how much boom Robert Mugabe failed to provide a vi- forces. In 2006, the Government report- coverage is needed to safely refuel mul- sion for his country, focusing solely edly spent more than $20 million—that tiple aircraft at one time. I cannot upon himself and his ability to remain is 20 million U.S. dollars—to purchase fully evaluate how valuable the ability in power. The people of Zimbabwe have new cars for police, military, and intel- to carry large amounts of fuel is as suffered dramatically as a con- ligence officers. In a dying economy, it compared to an aircraft that carries sequence. is stunning that Zimbabwe is able to less, but the Air Force is. What we In a country that once showed evi- buy high-priced military articles, to need to do is make sure the Air Force dence of steady economic growth—a include their recent purchase of fighter does its job and selects the best air- country, I recall, that was considered jets from China costing more than $240 craft. I strongly object to any attempt one of the wealthiest countries in Afri- million. to politicize this process. ca; that was considered to be the bread As you know, Madam President, Finally, I note that this aircraft basket of Africa—it has now been China has an increasing influence on would be constructed in Alabama, my named the world’s fastest shrinking the continent of Africa, but their rela- home State. It is not going to be built economy. tionship and long support of Mugabe’s around the world in some foreign land. In 2007, inflation rose above 8,000 per- ZANU–PF Party is concerning. China It is a team headed by Northrop Grum- cent. Unemployment is estimated at 80 is currently Zimbabwe’s largest inves- man, also the EADS team. It will be an percent, and 80 percent of the popu- tor and second largest trading partner. aircraft constructed in our country, lation lives on less than $2 a day. As most Western countries, including with tens of thousands of jobs created Mugabe’s leadership has been such a the United States, enforce an arms em- in our country. disgrace. Throughout almost 30 years bargo against the country, China con- I thank the Chair for the opportunity of his leadership, nearly 28 years, he tinues to sell defense articles to the re- to share these remarks. I hope my col- has worked to tighten his rein over the gime. Most recently, South Africa re- leagues will allow this process to pro- nation by intimidation, violence, and fused to let a Chinese cargo ship unload ceed in a professional, lawful way and oppression. because it was carrying more than 70 respect and honor the professional de- In 2002, the Government initiated a tons of small arms destined for cision of the Air Force, which will have farmland redistribution program which Zimbabwe. to live with this choice of tanker for resulted in 400,000 farmers losing their China has also played a significant perhaps another 50 years, like the cur- homes and livelihood. The program re- role in diplomacy in Zimbabwe. China rent tanker. sulted in scandal and embarrassment was Mugabe’s key supporter through I yield the floor. to Mugabe when investigations re- the international outrage in response The PRESIDING OFFICER (Ms. vealed that more than 300 farms were to Operation Clean Out the Filth. KLOBUCHAR). The Senator from Okla- intended for his senior officials and China worked to quiet the U.N. con- homa is recognized. Mr. INHOFE. Madam President, so ministers rather than for resettlement. demnation of the incident and is now that we can lock in a couple of things, In other words, these were payoffs to expected to veto any proposed action I ask unanimous consent to speak as in his political friends. by the Security Council to punish morning business, and then I would be In 2005, Mugabe initiated one of the Mugabe’s administration—which, of followed by the junior Senator from most inexcusable incidents of his Pres- course, they can do under the rules of Pennsylvania. idency. Operation Murambatsvina—or the United Nations. China’s persistent The PRESIDING OFFICER. Without translated, Operation Clean Out the support and supply to Mugabe’s regime objection, it is so ordered. Filth—was a demolition project the demonstrates their indifference to the ZIMBABWE Government claimed was designed to violence, oppression, and potential Mr. INHOFE. Madam President, I reduce crime in the major city. It re- civil war looming in the country. thank the junior Senator from Penn- sulted in an estimated 700,000 On March 29, 2008, Zimbabwe held sylvania for allowing me to go ahead of Zimbabweans losing their homes. Presidential elections along with par- him on something I think is very sig- Twenty percent of the population has liamentary and local elections. I am nificant and something with which I been reported as affected by the very familiar with this, Madam Presi- am sure he agrees. demolitions. dent, because I was there when it hap- Today, I want to call attention to a Many people thought this was a po- pened. I was actually in Tanzania, and place that has been lost in the sea of litical move aimed at squashing any we were watching very carefully, with many other conflicts and crises plagu- potential protests or uprisings against all the countries, all hoping that they ing our world—Zimbabwe, a country the regime and displacing the opposi- would have an honest election. Sure slightly bigger than the State of Mon- tion party base. Not only has Mugabe’s enough, Mugabe lost. The incumbent tana which sits in the southeastern actions displayed his blatant disregard President Mugabe ran for the ZANU– portion of Africa. It has faced and con- for the well-being of his people, but he PF Party, and a man named Morgan tinues to face difficult challenges and has also expressed this in his own Tsvangirai for the Movement for untold sufferings caused by an authori- words. In August of 2006, after a violent Democratic Change Party. tarian and corrupt leader, Robert crackdown on a peaceful protest by the The election process was tainted with Mugabe. Zimbabwean union, Mugabe said he had intimidation of voters and violence After fighting a long battle and civil warned, prior to the incident, that se- against the opposition party and sup- war, Zimbabwe gained independence in curity forces ‘‘will pull the trigger’’ porters of the opposition. Political ral- 1980 from the white Rhodesians. Inde- against the protesters. lies were banned. The opposition par- pendence came with an envisioned Mugabe said this: ty’s secretary general was jailed, de- sense of hope. Everyone thought good Some people are now crying foul that they nied bail, tried for treason, and may things were going to happen, and the were assaulted. Yes, you get a beating. When face the death penalty. There are also President that was elected was a man the police say move, move, if you don’t reports that the regime is restricting named Robert Mugabe. But the honey- move, you invite the police to use force. access to food in opposition areas, moon quickly ended with the realiza- Many believe that the farmland re- threatening already hungry people to tion that newly elected President distribution and Operation Clean Out either vote for Mugabe or to starve. Mugabe had fought the war to gain per- the Filth contributed drastically to the The results of the race, finally re- sonal power and control rather than to poverty affecting the Zimbabweans. leased in May, indicated that the MDC provide freedom and democracy for its The Government has accused food aid opposition leader won the election but people. agencies of using food to turn didn’t quite reach the 50 percent, so

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.056 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6204 CONGRESSIONAL RECORD — SENATE June 26, 2008 there was a runoff that was scheduled Like a lot of my colleagues in the have seen in recent history. So it is for Friday—that is this Friday, the Senate, I just received a letter from a about time for big oil to do what Presi- 27th. Sadly, this week, the opposition woman in Pennsylvania, 86 years old, dent Kennedy implored us to do many leader, because of threats on his life, from Bucks County, PA, and she talked years ago, and that is to do something pulled out of the race and refused to about, in her letter, the Great Depres- for their country at this time of record take part in what he calls ‘‘a sham of sion, when she was describing how peo- profits for them and pain at the pump an election process.’’ He said he cannot ple had nothing and how worried she is and this economic squeeze that so ask Zimbabweans to vote ‘‘when that about our current economic crisis, es- many families and small businesses vote could cost them their lives.’’ He pecially in light of these gas prices. face. has taken refuge now in the Embassy She reminds us that, just as in the What can we do? A couple of things. of the Netherlands. Great Depression, we need to have First, we could enact legislation such Mugabe has clearly stolen the elec- commonsense solutions to dig our- as the legislation I proposed in 2007, tion, and the outlook for true reform selves out of the economic trauma so way back in the spring of 2007. My bill for democracy for the people of many families face. was the Energy Security and Oil Com- Zimbabwe looks very bleak at this Today, whether it is on gas prices, pany Accountability Act. It would do time. the cost of health care, or the mort- basically two things. I will describe it As I have traveled across the con- gage foreclosure crisis that has gripped very quickly. tinent—and I have traveled across Afri- the country, we do need commonsense First, end those tax breaks for big ca more than any other Member prob- solutions. We don’t need more gim- oil. They have gotten enough and we ably in the history of America—I have micks, we don’t need more partisan have not seen any results for those tax seen wonderful things happening on the bickering, we need commonsense solu- breaks. End those breaks and other continent. Whether it is Rwanda, Bu- tions. And those solutions on gas prices rundi, Tanzania, Uganda, Ghana, credits our Government gave them and are not a magic wand. No piece of legis- use those savings to our Government Benin, or Cote d’Ivoire, in these coun- lation in the Senate will bring down tries wonderful things are happening. not just to sit there, but use those sav- gas prices immediately. We know that. ings to invest in research and develop- They are making great strides every- Anyone who says otherwise is not where except Zimbabwe. While Mugabe ment on alternative fuels and the in- speaking the truth. But there are frastructure we need to bring alter- leads Zimbabwe away from reaching its things that we can do to at least begin full potential, there are other leaders native fuels to the marketplace and to the process, or go down that road, I help us with our energy challenges. on the continent who have chosen a vi- should say, of bringing those prices sion of democracy, freedom, and That is No. 1: End the breaks. down. No. 2, under my legislation, impose a progress in their countries. And while We have to move in a direction that not perfect, each is making improve- windfall profits tax on big oil and use focuses on short-term solutions as well that savings to redirect those dollars ments and taking strides to improve as long-term—short term and long democratic practices and exercising for relief for our families, especially term. We will talk about those in a low-income families who are trying to the free political will. couple of moments, but, in particular, I Mugabe will never allow his people to make ends meet. They are trying to think we should focus on one problem decide the next phase and direction of pay for health care, they are trying to where I think there is even some bipar- their country. I think we should call on pay for a mortgage, trying to pay for tisan agreement on, and that is specu- the African leaders, which I have done higher education, and on top of that lation in the oil futures market. We personally in Africa—many of whom they are paying $4 or more at the have never seen it like it is now, where are my friends and brothers—and lead- pump. It is time oil companies helped profiteers from places in this country ers all over the world to do what we us in this process. but also from around the world, lit- can to help the people of Zimbabwe. My legislation would do those two erally make money, in some cases mil- I have to say, Madam President, and things. I was happy the major part of lions of dollars, every time that price I speak firsthand because I was there my legislation from 2007 made its way of gasoline goes up. when this happened, that Zimbabwe into what Democrats in the Senate was once the bread basket of sub-Sa- So we have to bring some discipline and some accountability and some proposed a couple of weeks ago, legisla- hara Africa, and I have seen Zimbabwe tion that was blocked and obstructed now, the most devastated of all the 52 transparency to the marketplace. And speculation is one area where we need by the Republicans in the Senate. The countries of the continent of Africa. Consumer First Energy Act would do a With that, I yield the floor, and again to have legislation. That would help more short term than long term. number of things. I will describe that I thank my friend from Pennsylvania quickly. for allowing me to go before his presen- How about big oil? They have a role to play. By one estimate, the five big- First, getting back to our point tation. about speculation, this legislation, the The PRESIDING OFFICER. The Sen- gest oil companies, over 5 years, have Consumer First Energy Act, would fi- ator from Illinois is recognized. seen their profits go up by five times. I Mr. DURBIN. Madam President, the don’t think there are many families in nally at long last do something about Senator from Pennsylvania is now, America who have seen their bottom market speculation. Why should we sit under previous consent, going to be line, their family income, go up by five back and say: Gas prices are too high; recognized, and it is my understanding times over 5 years, and big oil has seen it is too bad; there is nothing we can do as well that the Senator from Rhode Is- that. Just since 2001, their profits have about it. land, Senator WHITEHOUSE, would like increased over $600 billion. Now, if There is something we can do about to follow him. I ask unanimous consent their profits are going up at that rate it. One part of the solution, one part of that following both Senator CASEY and since 2001, and if the price of gasoline the commonsense approach—and I Senator WHITEHOUSE that I be recog- under this administration went up think my colleagues on the other side nized. from $1.46 or $1.47 to $4—and on top of would agree with this for the most The PRESIDING OFFICER. Without all that, in addition to those oil com- part—is we should bring more trans- objection, it is so ordered. pany profits, the previous Congress parency to these transactions. This The Senator from Pennsylvania is gave them $17 billion in tax breaks— raw speculation is all over the world, recognized. something is wrong. This is beyond in- but it is even here in America, where RISING GAS PRICES equitable; it is just bad policy. It is not profiteers are making money while the Mr. CASEY. Madam President, I rise working. price of gasoline goes up for our fami- today to talk about a problem so many What we are seeing is the status quo. lies. They are literally trading in the of our families are facing and so many We keep giving oil companies tax dark. of our businesses, and that is the prob- breaks hoping their hearts are big You know the old expression that lem of rising gas prices. Unfortunately, enough to help us and it will all work sunlight is the best disinfectant to cor- we have seen an increase of at least $1 out, but that hasn’t happened, and it ruption—which is one of the best ways at the pump in just 1 year. will never happen in light of what we to describe what is happening here. To

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.058 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6205 take the corruption out of that mar- er it is clean coal technology or wheth- islation, as happened earlier this ketplace, we need to apply some sun- er it is investing in biofuels, all kinds month on so many of these short- and light to those transactions. If the of alternatives, and renewable sources long-term solutions. transactions are OK and people want to of energy. Our Government is not doing I yield the floor. make a lot of money, why shouldn’t we enough to incentivize the marketplace The PRESIDING OFFICER. The Sen- have information about those trans- to come up with a solution long term ator from Rhode Island is recognized. actions? Apply some sunlight and so we do not face this problem in the Mr. WHITEHOUSE. Madam Presi- transparency to those transactions. If future. dent, before I discuss for a moment the people are going to make money, they Before I conclude, I want to address a Foreign Intelligence Surveillance Act, ought to do it in the light of day, not couple of arguments. One of the argu- I applaud my colleague, the distin- under cover of darkness. If it is so good ments we hear time and again is about guished Senator from Pennsylvania, to do and they want to make money, drilling. Over and over we hear about for his remarks. In the year and a half these profiteers, and do well in the drilling from some people here in we have served together in this body, marketplace, we ought to require them Washington, some people here in this he has stood out as a powerful advocate to have more stake in the transaction, body. I do not think many people be- for consumers, particularly Pennsyl- more skin in the game, so their mar- lieve the basic argument that we can vania consumers. He has always had a gins, what they have to put down, drill our way to energy independence. very thoughtful, helpful, and produc- should be a much higher number. If No one believes that. But the argument tive approach to the solutions he has they want to make money, we want is made over and over again. I think in put forward and espoused. It is an more transparency on those trans- the interests of putting facts on the honor for me to follow him on the Sen- ate floor here. actions and we want them to put down table, we ought to put a few on the On the question of the Foreign Intel- more money. If they do that, they will table right now. Here are some facts important in this debate about ‘‘we can ligence Surveillance Act, I will talk have the opportunity to make money. about the immunity question for The first thing this legislation does just drill our way out and all our prob- telecoms at another time. It is not yet is crack down on speculation. The leg- lems will go away with lower gas clear what amendment will be allowed islation the Senate Democrats offered, prices.’’ to be offered. I thought I would talk the Consumer First Energy Act, also Fact No. 1, the percent of America’s about two other issues at this point. made it very clear that, at long last, in recoverable oil reserves already open The first is the process that has got us American law, price gouging is illegal. for drilling—79 percent. Fact No. 2, America has 3 percent of here. I do wish to pay particular trib- It is at best murky right now. We have the world’s oil reserves. That is not ute to the chairman of the Senate Se- to be very clear about what price nearly enough to impact world oil lect Committee on Intelligence, JAY gouging is and what it is not, and make prices. We have 3 percent of the re- ROCKEFELLER, for how steadfast he has it illegal. serves, yet we consume 25 percent of been in pushing through this process. The other thing this legislation did We in the Senate have also been done was adopt the idea I had, and many the world’s oil. There is no way, no matter what we do on drilling, that we a great service by our colleagues in the others had—I am not the only one—on can drill our way out of this. House of Representatives, who stood the issue of the windfall profits tax, Fact No. 3, oil companies already fast against the Bush administration saying to oil companies: You can have have access to 45.5 million acres of Fed- efforts to stampede this legislation profits; there is nothing wrong with eral land to drill for oil and natural through without proper negotiation that; but if you are going to have gas. They should tell us why they are and without the basic process of back record profits while American families not drilling in those areas. and forth that ordinarily improves leg- do not have their income going up, you Oil companies, fact No. 4, are only islation. It has made for a better piece have to help us. You have to do, as I drilling on 21 percent of the leases they of legislation. It also makes for a nota- said before, something for your coun- currently have offshore in Federal wa- ble contrast with what happened a year try, Mr. Oilman, Mr. Oil Company. You ters. Why is that, Mr. Oil Company? ago, when we first took up this legisla- have to do something to help your Why are you not drilling on more than tion. country. 21 percent? I wish to talk for a minute about If you are diversifying and helping us The last fact: Oil companies have re- that because it was a very dis- reduce our dependence on foreign oil, if fused to invest in refining capacity. appointing episode, I believe, in the you are giving us options to reduce our They have lost 4 percent of refining ca- Senate’s history, and it is one I wish to dependence and have a long-term en- pacity since 2001. Since 2001—remember make sure we chronicle because it ergy strategy, then maybe the profits those profits I talked about? Since you should not be repeated. tax on your company wouldn’t be as were making, oil companies, $600 bil- In order to understand what I am high. But if you are going to turn a lion in profits since 2001, why did you going to say, it will be important to re- blind eye to this problem and say you lose 4 percent of refining capacity? member the schedule at the time. I are going to make record profits and Why are you crying crocodile tears have just replicated July of 2007, and not help, we are going to impose a tax right now that you need more land the early days of August here. The first on you and make sure you are doing when you have all those acres? time the big sort of stampede push your share—especially when the oil These are questions the oil compa- began, for me at least, was when the companies have made $600 billion since nies should answer. These are facts Director of National Intelligence, Ad- 2001. that are not making their way into the miral McConnell, met with me on July There are other parts of the Con- debate. 11 in the secure confines of the Senate sumer First Energy Act I will not go I think we have not a magic wand to Intelligence Committee to tell me into in the interest of time. But there propose, but we have short-term relief what he wanted. There had been a big are things we can do. These are short- we can provide and long-term strate- FISA bill that had everything but the term strategies. But the long-term so- gies to reduce our dependence on for- kitchen sink in it. It was clearly going lution here we know is committing eign oil; to literally not just commit no place. He realized he would have to ourselves to future of energy independ- ourselves to an energy future that is focus on what he wanted, and he said ence. That means investing dollars, good for our families and for our coun- three things. These are from my notes using the Tax Code, using incentives to try but is about national security in of that meeting. do what Americans do best. When the end. Unless we can do that over No. 1, we need to compel the Americans have an opportunity to use time, and unless we commit ourselves telecoms to help us; No. 2, we need to their brainpower and their innovation to these strategies, we are not only get foreign-to-foreign conversations, and their ingenuity to help on a prob- going to be dependent on other coun- not Americans, foreign-to-foreign con- lem, we have to make sure our Govern- tries for our oil but we will be less and versations without having to go to the ment is backing them up. less safe because of that dependence. FISA Court; and No. 3, we need a war- We are not doing nearly enough to I think it is critically important that rant if we are going to wiretap Ameri- invest in the new technologies—wheth- we take action instead of blocking leg- cans. We accept that.

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.064 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6206 CONGRESSIONAL RECORD — SENATE June 26, 2008 So I said to him: That is fine, but you al-Qaida attacks that are being tection, and with the only protection do not have any legislation. We are planned that we need to get into, some- from the executive being a protection suspicious of what is going to be in this thing does not add up. I believe the re- that the President cannot be limited legislation when it shows up, so the sult was what I call the August stam- by and that he can ignore at will— sooner you can get it written and the pede, and as a result we passed, blunt- frankly, that was no protection at all. sooner you can get it to us the better, ly, a very poor piece of legislation, the So we worked very hard in the com- because the devil is going to be in the so-called Protect America Act. mittee—and it has persisted through details and we need a chance to look it This piece of legislation does a num- the entire lengthy process we have over. That was on July 11. ber of very good things to repair some been involved in—to make sure that an The draft legislation was circulated of the damage in the Protect America American, whether you are in the on July 27. It was circulated, at least Act. United States or traveling abroad, has to me, by mail, so I didn’t get it on The first is protection for Americans the protection of a judicial order before July 27. I got it over the weekend, the when we travel abroad. Americans your Government can wiretap you. And following Monday, on July 30. The Fri- travel a lot now. They travel on busi- that has been achieved. That has been day from Monday delivery stunt is one ness, they travel on vacation. It is a lot an important achievement. we have seen before. But what con- more expensive now given the Bush ad- A second achievement has been in cerned me was that once that legisla- ministration’s oil prices, but people the area of minimization. I know the tion was delivered, the Bush adminis- still travel a lot. The rule had been, Presiding Officer was a prosecutor in tration began to whip up everything under the Protect America Act, that if Minnesota. I have run wiretap inves- they could do to try to panic Ameri- you were traveling abroad, you had no tigations as a U.S. attorney, I have run cans about what was going on. statutory or judicial protection of your wiretap investigations as an attorney On July 28, that Saturday, President privacy, none whatsoever. They could general, and I have seen firsthand how Bush gave a radio address, saying: listen to your telephone calls, they important minimization is to a wiretap Our intelligence community warns that could take your BlackBerrys, e-mails, investigation. Minimization is what happens when under the current statute we are missing a anything—it was open season. There you have the authority to wiretap significant amount of foreign intelligence were no statutory or judicial protec- somebody, but because you have the that we should be collecting to protect our tions for Americans once they set foot country. Congress needs to act immediately authority to wiretap one person, they to pass this bill so that our national security outside of the country. The only pro- could be talking to somebody else who professionals can close intelligence gaps and tection was an executive order, 12333, is not part of the criminal or national provide critical warning time for our coun- which said that if the Attorney Gen- security activity involved, and if that try. eral determined that you as an Amer- proves to be the case, you have to min- He asked us to work together to pass ican were an agent of a foreign power, imize that to protect the rights of the FISA modernization now, before we then they could listen, then they could third person they are talking to. In the leave town, and said our national secu- surveil, then they could intercept, but old days, the FBI agents would lit- rity depends on it. That is what he said only if the Attorney General made that erally sit there with their earmuffs on here. determination. So there was a protec- listening and flip the switch on and off The Senate promptly picked up the tion, but it was only an executive to see whether the conversation was chorus with one of my colleagues say- order—nothing statutory, nothing judi- still an innocent conversation or re- ing we would be deaf during August to cial. Then we looked into the opinions lated to some criminal matter. discussions of threats being carried on that underlie the Bush warrantless Now it is more complex, but those by al-Qaida and others seeking to do us wiretapping program, and here is what minimization procedures did not pre- harm if we did not pass the legislation. I found. viously have any judicial oversight. Another colleague said: The flaw in the Protect America Act They only were required to be filed. This is a time when the Director of Na- is that it contained no statutory, no ju- Under this bill, the Attorney General tional Intelligence and the Secretary of the dicial protections for Americans once shall adopt minimization procedures. It Department of Homeland Security have said they were traveling abroad and put is mandatory. But more than that, the it is a high threat month and it is imperative them at the mercy of the executive Foreign Intelligence Surveillance for national security that we adopt this now. branch of Government to be wiretapped Court is given authority to review Another one of our colleagues said: at will, protected only by an Executive those minimization procedures; specifi- Make no mistake, inaction on our part order. Our discovery, in the course of cally, to determine whether those pro- needlessly subjects every American to in- looking at the classified legal opinions cedures meet the statutory standards creased danger. We need to act. that supported the warrantless wire- we require for minimization proce- Those are just several high points of tapping program, we discovered this dures. So that is particularly impor- a real campaign to try to drive this rule that had been inserted by the Of- tant. issue by public fear. fice of Legal Counsel: Finally, this statute for the first Well, here is what concerned me. If, An executive order cannot limit a Presi- time recognizes ‘‘the inherent author- when the President spoke on July 28, dent. There is no constitutional requirement ity of the FISA Court to determine or national security was that vitally af- for a President to issue a new executive enforce compliance with an order or a fected by the speed of this legislation; order whenever he wishes to depart from the rule of such court.’’ So they not only if every day that went by we were terms of a previous executive order. Rather get the minimization procedures, they missing intelligence, because of an in- than violate an executive order, the Presi- get to approve the minimization proce- telligence gap, of al-Qaida plots that dent has instead modified or waived it. dures. If it is determined that the exec- were being developed then and there to Well, as a theory, I think that is, utive branch isn’t following them, they attack us; if that were true also on the frankly, deeply flawed legally. can check for compliance, and they can 3rd, why wasn’t it true back here on In my examination of Attorney Gen- enforce the procedure. That is a sub- July 11 and 12 and 13, 14, 15, and all the eral nominee Mukasey, I asked him stantial, additional improvement that way through here when they circulated what the force of an Executive order brings this in line with the traditions the draft on July 27? was. He answered me saying: of wiretap surveillance within the Here is what they sent us. This. It is Should an executive order apply to the United States. 12 pages. That is it. Double spaced. I President and he determines that the order Another significant improvement has could write 12 pages of legislation dou- be modified, the appropriate course would be been in the area of exclusivity. FISA ble spaced in 17 hours if our national for him to issue a new order, or amend the has always said that ‘‘it shall be the security depended upon it. It would not prior order. exclusive means by which electronic take me 17 days. So when it takes them I think that is not only the correct surveillance . . . and the interception 17 days to write 12 pages of legislation but the obvious solution. But we were of domestic wire, oral, and electric and then deliver it on the Monday be- left in a situation in which an Amer- communications may be conducted.’’ fore we recess and suddenly there is an ican traveling abroad, without statu- That was clearly the intent of Con- explosion of concern about immediate tory protection, without judicial progress, as courts, including in the

VerDate Aug 31 2005 03:32 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.066 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6207 Andonian decision, have agreed. How- The legislative clerk proceeded to The legislative clerk proceeded to ever, we have a problem again with the call the roll. call the roll. Office of Legal Counsel. The Office of Mr. REID. I ask unanimous consent Mr. LEAHY. I ask unanimous con- Legal Counsel said this: that the order for the quorum call be sent that the order for the quorum call Unless made a clear statement in the For- rescinded. be rescinded. eign Intelligence Surveillance Act that it The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without sought to restrict presidential authority to objection, it is so ordered. objection, it is so ordered. conduct wireless searches in the national se- f Mr. LEAHY. Madam President, the curity area—which it has not—then the stat- distinguished leader has put the Senate ute must be construed to avoid a reading. EXECUTIVE SESSION in executive session to consider two I don’t know how you get ‘‘which it more judicial nominations. I would has not’’ out of the clear language of NOMINATION OF WILLIAM T. LAW- like to speak on these in my capacity the Foreign Intelligence Surveillance both as a Senator from Vermont and as Act saying this is the exclusive means. RENCE TO BE UNITED STATES DISTRICT JUDGE FOR THE chairman of the Judiciary Committee. But once we found out that in these We are going to be confirming these classified opinions the Office of Legal SOUTHERN DISTRICT OF INDI- ANA two nominations which are, of course, counsel had suggested this language for lifetime appointments to the fed- right here either didn’t exist or didn’t eral bench, as the distinguished Pre- mean anything, it had to be solved. NOMINATION OF G. MURRAY SNOW siding Officer, an attorney in her own Thanks to the leadership of Senator TO BE UNITED STATES DISTRICT right and with a distinguished back- FEINSTEIN, in particular, there has JUDGE FOR THE DISTRICT OF ground as a prosecutor in Minnesota been great energy put into improving ARIZONA prior to being here, knows. The two are the exclusivity provision. I think it is William Lawrence, nominated to a va- now an exclusivity provision that Mr. REID. Madam President, under cancy in the Southern District of Indi- would defeat this type of, frankly, im- the authority of the June 24 order ana, and Murray Snow, nominated to a probable legal analysis and clearly de- issued by the Chair, I now ask that the vacancy in the District of Arizona. fine that it is Congress’s intent in the Senate proceed to executive session to I have been delighted to work with FISA statute to take every possible av- consider Calendar Nos. 627 and 628. my friend of 30 years, Senator LUGAR of enue it can to limit executive surveil- The PRESIDING OFFICER. The Indiana. He strongly supports the rec- lance activities to those that are per- clerk will report the nominations. ommendation of Judge Lawrence. He formed within the statutory authority The legislative clerk read the nomi- came to see me about Judge Lawrence of this particular legislation. nations of William T. Lawrence, of In- The last thing is reverse targeting. diana, to be United States District prior to his nomination coming up There has been considerable concern Judge for the Southern District of Indi- here. Senator BAYH of Indiana also about allowing the Government to ana; and G. Murray Snow, of Arizona, came to see me and supports the nomi- identify a foreigner who is in touch to be United States District Judge for nation. I have been pleased to accom- with Americans regularly and target the District of Arizona. modate Senator KYL in scheduling first that foreigner with the reverse tar- Mr. REID. Madam President, all Sen- Committee action and now Senate ac- geting purpose to actually pick up the ators should be aware that this vote tion on the nomination of Judge Snow. conversations of the American and will occur very quickly and the second Both nominations are being expedited dodge the requirement for a warrant vote will occur immediately after the for confirmation in a Presidential elec- for judicial review vis-a-vis the Amer- first one is completed. We appreciate tion year. ican. There are strong provisions in everyone’s cooperation. We are still As we approach the Fourth of July here that require that regulations and working through some issues, and we recess and celebrate the independence procedures be developed to prevent will have some news for the rest of the of our great Nation, we will be con- that. Senators by the time, hopefully, the firming our fourth and fifth judicial I hope to be able to discuss the stat- first vote is announced. nominations of the week. ute further, as we get to the discussion Mr. LEAHY. Will the Senator yield? But when I go back home to about immunity. But I will conclude by Mr. REID. Yes. Vermont, as I did this past weekend, summarizing that the process we went Mr. LEAHY. Madam President, I ad- and as I will this week, I find that through to get to this piece of legisla- vise the distinguished leader, I will Vermonters—and I suspect this is so tion, particularly article I of this bill, speak on these judges and judicial mat- with all Americans—are not really con- was a very proud moment for this Sen- ters probably for 10 to 15 minutes at cerned about judicial nominations. I ate and for this caucus, for Chairman most, and then I would be prepared to have not had anybody come up to me— ROCKEFELLER. It has been infinitely go to a rollcall vote on William Law- when I am coming out of church or better than the degraded process we rence, which would be the first one. I walking through the grocery store or went through last August in the atmos- intend to support both nominees. gassing up my car—and say: We need phere of stampede. I think the quality Mr. REID. Madam President, let me more judicial nominations. of the underlying legislation shows it. I say to the distinguished chairman of But what they are concerned about hope as we continue to work together the Judiciary Committee, we are glad are gas prices that have skyrocketed so in the Senate on other issues, we con- we are at the point where we are today. high they don’t know how they are tinue to follow the process that took There has been cooperation. We have going to be able to afford to drive to place with respect to this iteration of approved two circuit court judges. This work. I have talked to parents of chil- the FISA bill, and we never go back to will be the third district court judge. It dren in rural parts of our State where the kind of hectic, imprudent stampede is my understanding there was a mark- there is no mass transportation—never we were put through last August. Sec- up that went ahead today without any will be. They have to bring their chil- ond, the elements of article I are im- problem and a couple more judges were dren to school. Both the mother and fa- proved. This is, in article I, a bill we reported out at that time. ther are working. They then have to can we very proud of. We will have our Mr. LEAHY. I advise the leader, four drive to work. These are not high-pay- dispute about the immunity provisions. judges were reported out this morning, ing jobs. They then have to drive back I will have my thoughts on that for as well as a U.S. attorney and another and get their children. One couple later. But there is much that has been one of President Bush’s nominees. might have to take care of elderly par- accomplished and great credit is due Mr. REID. I appreciate the continued ents, and they are wondering how they particularly to Chairman ROCKEFELLER good work of my friend, the distin- can afford to do it with these gas for those accomplishments. guished Senator from Vermont. prices. They are far more concerned I yield the floor and suggest the ab- Mr. LEAHY. Madam President, I sug- about that than they are with lifetime sence of a quorum. gest the absence of a quorum. appointments to our Federal bench. The PRESIDING OFFICER. The The PRESIDING OFFICER. The They are concerned also about the clerk will call the roll. clerk will call the roll. steepest decline in home values in two

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.069 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6208 CONGRESSIONAL RECORD — SENATE June 26, 2008 decades. Madam President, when I was The Nation’s trade deficit widened 8 60 judicial vacancies. Twenty-one were a child, I remember my parents always percent in April alone due to the surg- circuit court vacancies. These vacan- telling me one of the greatest things ing gas prices, and now it is at the cies were the result of the actions of you can do is to own your own home. highest level in 13 months. Republicans, when there was a Demo- Marcelle and I have been fortunate. We The numbers are staggering: $4 a gal- crat in the White House, pocket-fili- have been able to do that. We have en- lon for gas, $139 a barrel for oil, more bustering over 60 judicial nominees. couraged our children to do the same. than $1 billion a day—let me repeat In stark contrast, after the two And I encourage people in my own that: $1 billion a day—just to pay the nominations we confirm today, and the State of Vermont, especially young interest on the national debt and the circuit court judges we confirmed on people: If you can own your own home, massive costs generated by the disas- Tuesday, there are just 40 total judicial it is worth borrowing money because trous war in Iraq. These are the num- vacancies throughout the country. that will be part of your retirement, bers Americans care about, not a few There are only nine circuit court va- part of your stability. But now they nominees who are getting the honor of cancies. By confirming Judge Helene have seen the steepest decline in home a judicial appointment and lifetime White and Ray Kethledge to the last values in two decades. Many owe more tenure in a respected job that pays two vacancies on the Sixth Circuit on their house than their mortgage. nearly $200,000 a year. Court of Appeals, we reduced circuit Many are wondering as they see jobs Yet we do not hear about these num- court vacancies to single digits for the failing, as they see their gasoline bers from the other side of the aisle. first time in decades—only nine vacan- prices go up, as they see the value of We do not hear about the free-fall in cies on our Nation’s 13 circuit courts. their homes go down, if their children home prices. We do not hear about the The history is clear. Democrats have will have a brighter future than they free-fall in the consumer confidence reversed course on judicial vacancies did or their parents did. index from the other side. We do not from the days during which the Repub- More and more Americans are af- hear about the Bush deficits, which lican Senate majority more than dou- fected by rising unemployment. Last have brought the value of a dollar bled them. We have already lowered month brought the greatest 1-month down almost in half. We do not hear the 32 circuit court vacancies that ex- rise in unemployment in 20 years. It about these numbers, as terrible as isted when I became chairman of the brought the job losses for the first 5 they are, and as much as they affect Judiciary Committee in the summer of consecutive months of this year to over real people in Minnesota and Vermont 2001. We had 32 vacancies. We lowered 325,000 people. The number of people and elsewhere. We do not hear from it to nine. In fact, this is the first time who lost their jobs are equal to half the them about the number of Americans we have hit single digits in decades— population in my whole State. Ameri- who are losing their homes, nor about since the Republican tactics of slowing cans are worried about soaring health the number of Americans who are los- judicial confirmations began in earnest care costs. They are worried about rising their jobs, nor about the number of in 1996. Why? Because the Democrats ing health insurance costs. They are Americans who cannot afford to bring did not pocket-filibuster 60 judges, as worried about the rising costs of edu- their children to school, nor about the the Republicans did to a Democratic cation. They are worried about rising number of Americans who cannot af- President. We treated President Bush’s food prices—long before they are wor- ford to put groceries on the table, nor nominees with more respect than they ried about the number of Federal about the number of Americans who treated President Clinton’s. But we judges being confirmed. cannot afford to gas up their car so also treated the whole Federal judici- Just yesterday, the front page of the they can go to work. The only numbers ary system with a great deal more re- Wall Street Journal had this headline: we hear about from the other side of spect. This is, after all, the third inde- ‘‘Consumer Confidence Plummets.’’ the aisle are the number of nominees pendent branch of Government. It is That is a pretty dire headline: ‘‘Con- they insist must be considered by a the one branch that should be devoid of sumer Confidence Plummets.’’ The certain date to reach some mythical politics. It is the one branch that next line read: ‘‘Home Prices See Sharp average number. should be able to be set apart from Decline.’’ With that article they ran a Week after week, even as the Sen- this. And it is the one branch where graph titled ‘‘In a Free Fall’’ that ate—under the leadership of Senator you leave your political affiliations at shows housing prices in April down REID and the Democrats—continues to the doors. more than 15 percent from a year ago make progress on filling judicial va- The 100 nominations we confirmed in and consumer confidence at the lowest cancies, we hear a steady stream of only 17 months in 2001 and 2002—I was level in nearly 20 years. According to grumbling from Republicans. And it working with a very uncooperative the Wall Street Journal, the number of turns out, they are responding to par- White House—reduced the vacancies I Americans saying they intend to buy a tisan pressures from special interest inherited by 45 percent by the end of home in the next 6 months is at a 25- groups. 2002. I became chairman halfway year low and consumers’ expectations Madam President, the special inter- through that year. The Republicans of the economy over the next 6 months est group I listen to are the hard-work- had been in control up to that halfway is the lowest it has ever been in the ing American families in my State of mark. They did not confirm a single more than 40 years they have kept Vermont and the other 49 States. If we judge. In 17 months, we confirmed 100. track—the lowest it has ever been— are going to listen to a special interest So with 40 additional confirmations ever been—in 40 years. group, listen to the men and women last year, and another 14 so far this Unfortunately, the bad economic who have to pay to take their children year, the Senate, under Democratic news for hard-working Americans is to school, put groceries on their table, leadership, has already matched the nothing new under the Bush-Cheney go to work, try to make ends meet, and confirmation total for the entire last administration. During his administra- are seeing the value of their home drop Congress. That was 2 full years with a tion, President Bush and all Americans 25 percent. If we are going to listen to Republican Senate majority working have seen unemployment rise more any special interest group, at a time to confirm the judicial nominees of a than 20 percent and trillions of dollars when the economy is tanking, let’s Republican President. In fact, after in budget surplus—which he inherited talk about the special interest group, these two confirmations, we will have from President Clinton’s administra- the average American man and woman. reached 54 judicial confirmations for tion—turned into trillions of dollars of It is ironic that the Senate’s Repub- this Congress. debt, with an annual budget deficit of lican minority is so focused on the I am sure there are some who prefer hundreds of billions of dollars. When number of judges because that is the partisan fights designed to energize a President Bush took office, the price of only number that has actually im- political base during an election year. I gas was $1.42 a gallon. Madam Presi- proved under President Bush. On July do not. The American people do not dent, I remember some people com- 1, 2000, when a Republican Senate ma- want Federal judges to be tied to par- plaining about $1.42 a gallon gas when jority was considering the judicial tisan politics. the President took office. Today, it is nominees of a Democratic President in Madam President, I felt very honored at an all-time high of over $4 a gallon. a Presidential election year, there were to be a lawyer. I felt very honored to

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Murray Snow for the U.S. should be able to do if you walk into a store America as the beacon for the District Court for the District of Ari- court room—whether you are a plain- rule of law. zona, a very well-qualified man: a tiff or a defendant, whether you are the The effort of Republicans to turn at- bachelor’s degree from Brigham Young Government or the other side, whether tention from the real issues facing University in 1984, magna cum laude; a you are rich or poor, no matter your Americans to win partisan political Harry S. Truman scholar for Nevada, a race, no matter your issue—you should points with judicial nominations is an- noted scholarship—parenthetically, be able to look at the judge and say: I other in a long line of tactics we have one which our older son Shanin had— am going to be treated fairly. The seen that have prevented us from mak- Phi Kappa Phi; law degree, magna cum judge is not going to ask what my po- ing progress since the beginning of this laude—a very distinguished academic litical party is, what my station in life Congress. and professional record. is, whether I am a big corporation, As I said before, people do not stop Similarly, William Thomas Lawrence whether I am a poor defendant or a me in the grocery store or coming out for the U.S. District Court for the plaintiff. of church or walking down the street Southern District of Indiana has exem- So when there are efforts to make a or getting out of my car to say please plary qualifications academically and partisan issue over judicial confirma- confirm more judges. They say: Please, professionally. tions, as my friends on the Republican do something about the high cost of I ask unanimous consent to have the side have done, that is sorely mis- gasoline. Do something about the fact resumes printed in the RECORD at the placed. Their obstructionism has done that I am going to lose my home in conclusion of my remarks. a great deal of damage to our attempts foreclosure because the value has The PRESIDING OFFICER. Without to address the important needs of dropped so much. Do something about objection, it is so ordered. Americans. the fact that our child does not have (See exhibit 1.) We have seen Republican obstruc- health insurance. Mr. SPECTER. One additional adden- tionism since the beginning of this These tactics would be laughable if dum. I thank the chairman of the com- Congress. Republicans used filibuster they were not tragic. I believe they are mittee and the majority leader for after filibuster to thwart the will of an affront to those men and women in moving ahead with three confirmations the majority of the Senate from doing this country who are working hard to earlier this week, and these two con- the business of the American people. make ends meet. I know a lot of these firmations. Republican filibusters prevented the good, honest Americans. I see them Again I renew my request that we be Senate majority from passing a cli- every weekend in my own State of able to move to a situation where we mate change bill. Republican filibus- Vermont. They don’t face problems as will avoid blocking judges, where we ters prevented the Senate majority Republicans or Democrats; they face will proceed on up-and-down votes and from passing the Employee Free Choice them as proud Americans, proud we will not seek to hold vacancies in Act and the Lilly Ledbetter Fair Pay Vermonters. They wonder how they are judicial nomination situations where Act. Republican filibusters prevented ever going to get insurance for their there are judicial emergencies—for ex- the Senate majority from passing the child and they worry every day their ample, in the Fourth Circuit with the DC Voting Rights Act. Republican fili- child may become ill. They wonder if nomination of Judge Conrad pending busters prevented the Senate majority they can get to their job, and often from North Carolina—and that we will from passing the Renewable Fuels, they are holding down two jobs to move ahead with the nomination of Consumer Protection and Energy Effi- make ends meet. They wonder if they others who have been waiting for very ciency Act of 2007. Republican filibus- can bring their children to school. long periods of time. I congratulate the nominees and ters blocked the Renewable Energy and Today, the Judiciary Committee their families on their confirmation Job Creation Act of 2008. Republican took up a report by the Inspector Gen- today. These nominees have good rea- filibusters blocked the Medicare Im- eral, in which he noted that there had son to be proud. I predict they will be provements for Patients and Providers been political considerations in hiring confirmed unanimously, and I am Act of 2008. Republican filibusters at the Department of Justice. The re- proud of them, because the Federal ju- blocked the Consumer First Energy port singled out Peter Keisler, who had diciary is the one arm of our Govern- Act. These are critical pieces of legisla- been acting Attorney General and As- ment that should never be political or tion to address the priorities not of sistant Attorney General in the Civil politicized regardless of who sits in the Division, and commended him for call- special interest groups, but of real White House. Americans—urgent priorities such as So let us stop using this question of ing the inappropriate conduct for what the energy crisis, the environment, judges as some kind of an issue in try- it was. I mention Peter Keisler because voting rights and health care, and fair ing to distort the fact that the Demo- he is so well qualified for the DC Cir- wages for working men and women. All crats have treated President Bush bet- cuit vacancy to which he has been of them had the support of the major- ter than the Republicans treated Presi- nominated. ity of the Senate. All were blocked by dent Clinton on judges. Let us stop It will be my expectation that these a minority of Republican Senators who using the issue of judges to prevent us two nominations would move through filibustered them. from addressing the things Americans smoothly. They were accepted on a This long list of priorities care about: their jobs, their homes, voice vote in the Judiciary Committee, unaddressed because of the Republicans their children, the cost of gas and oil. and it is my hope that we will use this in Congress would be even longer if we I will continue in this Congress, and to move ahead on the confirmations of were to include the many important I will be here in January with a new Federal judges on a yes-or-no vote. bills President Bush has vetoed since President in the next Congress, to EXHIBIT 1 the beginning of this Congress. That work with Senators on both sides of WILLIAM THOMAS LAWRENCE—UNITED STATES list includes legislation to fund stem the aisle to ensure that the Federal ju- DISTRICT JUDGE FOR THE SOUTHERN DIS- cell research, to fight debilitating and diciary remains independent and this TRICT OF INDIANA deadly diseases such as Parkinson’s, real jewel of jurisprudence be able to Birth: 1947; Indianapolis, Indiana. multiple sclerosis, and diabetes; to ex- provide justice for all Americans, as Legal Residence: Indianapolis, Indiana. tend and expand the successful State they say in their oath of office, with- Education: Louisiana State University, Children’s Health Insurance Program 1965–1968; no degree received; B.S., Indiana out fear or favor. University, 1970; J.D., Indiana University that would have provided health insur- The PRESIDING OFFICER. The Sen- School of Law—Indianapolis, 1973. ance to more of the millions of Amer- ator from Pennsylvania is recognized. Primary Employment: Attorney, Poore, ican children who are without it in the Mr. SPECTER. Madam President, in Popcheff, Wurster, Sullivan & Burke, 1973– wealthiest, most powerful Nation on my capacity as ranking member on the 1976; Attorney, Popcheff, Lawrence & Page,

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.074 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6210 CONGRESSIONAL RECORD — SENATE June 26, 2008 1976–1979; Public Defender (Part-time), Mar- ator EVAN BAYH, for their important I will have an additional statement ion County Superior Court, Criminal Divi- work to facilitate the timely consider- so all of my colleagues will know about sion 4, 1974–1983; Attorney, Lawrence, Carter, ation of this distinguished nominee. his superb qualifications. We will be Gresk, Leerkamp & Walsh, 1979–1989; Attor- On December 18, 2007, the Senate voting for him soon. I assume he will ney, Johnson, Smith, Pence, Densborn, voted to confirm the nomination of Wright & Heath, 1989–1997; Master Commis- be approved. I appreciate my col- sioner (Part-time), Marion County Circuit John Tinder to serve on the Seventh leagues’ support for his nomination. Court, 1983–1997; Presiding Judge, Marion Circuit Court. John was a distin- Judge Snow has served on the Ari- County Circuit Court, 1997–2002; Magistrate guished leader on Indiana’s Southern zona Court of Appeals since 2002. Prior Judge, U.S. District Court for the Southern District Court, and I knew his suc- to his judicial service, he was a partner District of Indiana, 2002–Present. cessor would need to possess the same at Osborn Maledon. Judge Snow re- Selected Activities: Indiana Bar, 1973– degree of integrity and intelligence. ceived his bachelor’s degree magna Present; Indianapolis Bar Association, 1973– Given this need for strong leadership, I cum laude from BYU in 1984 and re- Present—Distinguished Fellow, 1997, Chair- was pleased to commend William Law- man, Bench Bar Conference, 2002, Chairman, ceived his law degree magna cum laude Judicial Section of the Association, 2004, rence to President Bush for consider- from BYU in 1987. He was Order of the Chairman, Continuing Legal Education Com- ation. This selection was the product of Coif. After law school, Judge Snow mission, 2002, Vice-President, 2005, Board of a bipartisan process and reflective of clerked on the Tenth Circuit for Judge Managers, 2005, Executive Committee, Liti- the importance of finding highly quali- Stephen Anderson. Judge Snow was an gation Section, 2004–2005; Seventh Circuit fied judges to carry forward the tradi- adjunct professor of political science at Bar Association, 2002–Present; Federal Bar tion of fair, principled, and collegial ASU 7 years. He served for 4 years on Association, 2002–Present; Indiana Judges leadership. the State Bar of Arizona Ethical Rules Association, 1997–2002, Board of Managers, I have known Bill Lawrence for many 2000–2002; Board of Directors, Judicial Con- Review Group and for six years on the years. I have always been impressed Committee on Rules of Professional ference of Indiana, 1997–2002; United States with his high energy, his resolute in- Magistrate Judges Association, 2002–Present; Conduct. The ABA unanimously gave Board of Directors, Marion County Justice tegrity, and his remarkable dedication Judge Snow its highest rating of ‘‘well- Agency, 1996–2002; Member, Indiana State to public service. qualified.’’ William Lawrence attended Indiana Forensic Science Commission, 1984–1990; Ex- Mr. LEAHY. Madam President, I University, where he received both his ecutive Director, Indiana Merit Selection have permission to yield back time on Commission on Federal Judicial Appoint- undergraduate and his law degrees. He ments, 1980–1986. immediately entered private practice both sides of the aisle for the judges, so ABA Rating: Substantial Majority ‘‘Well but also devoted time to serve as a pub- I yield it back. Qualified,’’ Minority ‘‘Qualified.’’ lic defender in Marion County, IN, I ask for the yeas and nays on the courts. pending nomination. G. MURRAY SNOW—UNITED STATES DISTRICT The PRESIDING OFFICER. Is there a JUDGE FOR THE DISTRICT OF ARIZONA Subsequently, he served part time as a master commissioner of the Marion sufficient second? Birth: 1959; Boulder City, NV. There appears to be a sufficient sec- Legal Residence: Tempe, AZ. County Circuit Court. Education: B.A., magna cum laude, In 1996, Judge Lawrence was elected ond. Brigham Young University, 1984—Harry S. to the Marion County Circuit Court. In All time is yielded back. Truman Scholar for Nevada, 1982; Member, this position, he built a reputation for The question is, Will the Senate ad- Phi Kappa Phi Honor Society. fairness and efficiency. The Marion vise and consent to the nomination of J.D., magna cum laude, J. Reuben Clark County Circuit Court is one of the busi- William T. Lawrence, of Indiana, to be Law School, Brigham Young University, est in the State of Indiana. In less than United States District Judge for the 1987—Editor-in-Chief, Brigham Young Uni- Southern District of Indiana? versity Law Review, 1986–1987. 3 years, Judge Lawrence reduced the Primary Employment: Law Clerk, Hon. number of pending cases by 20 percent. The yeas and nays have been ordered. Stephen H. Anderson, U.S. Court of Appeals This impressive performance on the The clerk will call the roll. for the Tenth Circuit, 1987–1988; Meyer, Hen- bench led to his appointment in 2002 to The assistant legislative clerk called dricks, Victor, Osborn & Maledon, P.A.—As- serve as U.S. magistrate judge. the roll. sociate, 1988–1994, Member, 1994–1995; Mem- Throughout Bill’s career, his reputa- Mr. DURBIN. I announce that the ber, Osborn Maledon, P.A., 1995–2002; Judge, tion for personal courtesy, fairness, de- Senator from Massachusetts (Mr. KEN- Arizona Court of Appeals, Division One, 2002– cency, and integrity was equally well NEDY) and the Senator from Illinois Present. earned and widespread among col- Selected Activities: Arizona State Bar As- (Mr. OBAMA) are necessarily absent. sociation, 1987–Present—Committee on the leagues and opposing counsel alike and Mr. KYL. The following Senator is Rules of Professional Conduct, 1998–2004, on both sides of the political aisle. necessarily absent: the Senator from Ethical Rules Review Group, 2000–2002; Mesa I am also pleased that Bill’s experi- Arizona, (Mr. MCCAIN). [Arizona] Judicial Advisory Board Member, ence and professionalism are recog- The PRESIDING OFFICER. Are there 2003–Present; Judicial College of Arizona— nized by the American Bar Association, any other Senators in the Chamber de- Board Member, 2003–2004, Dean, 2005–Present; which bestowed a rating, by a substan- siring to vote? Committee on Judicial Education and Train- tial majority of the committee, of The result was announced—yeas 97, ing—Board Member, 2005–Present, Executive ‘‘well-qualified.’’ nays 0, as follows: Committee, 2005–Present; Task Force on I would like to thank again Chair- Model Code of Judicial Conduct, 2007– [Rollcall Vote No. 159 Ex.] man LEAHY and Ranking Member SPEC- Present—Chair, March 2007–Present; Recipi- YEAS—97 ent, Halo Award, Arizona Association of Pro- TER for their important work on this nomination. I believe Judge Lawrence Akaka Cochran Hatch viders for People with Disabilities, 2000; Re- Alexander Coleman Hutchison cipient, Citation for Service on the Arizona will demonstrate remarkable leader- Allard Collins Inhofe State Bar Committee on the Rules of Profes- ship and will appropriately uphold and Barrasso Conrad Inouye sional Conduct, 1998–2004. defend our laws under the Constitu- Baucus Corker Isakson ABA Rating: Unanimous ‘‘well qualified.’’ Bayh Cornyn Johnson tion. Bennett Craig Kerry The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- Biden Crapo Klobuchar ator from Indiana is recognized. ator from Arizona is recognized. Bingaman DeMint Kohl Mr. LUGAR. Madam President, I ap- Mr. KYL. Madam President, I wanted Bond Dodd Kyl Boxer Dole Landrieu preciate this opportunity to support PECTER to note that what Senator S Brown Domenici Lautenberg the President’s nomination of Judge said a moment ago about Arizona judge Brownback Dorgan Leahy William Thomas Lawrence to serve as Murray Snow are my feelings as well. Bunning Durbin Levin a U.S. district judge for the Southern He has been nominated to the Fed- Burr Ensign Lieberman Byrd Enzi Lincoln District of Indiana. eral bench in Arizona. He is supremely Cantwell Feingold Lugar I would first like to thank the Senate qualified, unanimously ‘‘well-quali- Cardin Feinstein Martinez Judiciary Committee chairman, PAT fied,’’ according to the Bar Associa- Carper Graham McCaskill LEAHY, ranking member, ARLEN SPEC- tion, and a fine appellate court judge Casey Grassley McConnell Chambliss Gregg Menendez TER, the respective leaders of the Sen- already. He will make a fine addition Clinton Hagel Mikulski ate, and especially my colleague, Sen- to the Federal bench. Coburn Harkin Murkowski

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.037 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6211 Murray Schumer Thune The bill clerk proceeded to call the pletely change our economy from one Nelson (FL) Sessions Vitter roll. based on oil and other fossil fuels to an Nelson (NE) Shelby Voinovich Pryor Smith Warner Mr. REID. Mr. President, I ask unan- economy based on renewable energy. Reed Snowe Webb imous consent that the order for the Democrats have now laid out a sen- Reid Specter Whitehouse quorum call be rescinded. Roberts Stabenow sible plan for change in our energy pol- Wicker The PRESIDING OFFICER (Mr. NEL- icy that will make America stronger Rockefeller Stevens Wyden Salazar Sununu SON of Florida). Without objection, it is and more independent in the short, me- Sanders Tester so ordered. dium, and long term, but all our col- NOT VOTING—3 The majority leader is recognized. leagues can say in return is no—no to Kennedy McCain Obama Mr. REID. Mr. President, we do not the American people and—from what I have our path forward yet, and that is hear in terms of their response—yes to The nomination was confirmed. an understatement. But we are work- big oil. The PRESIDING OFFICER. There is ing on it. There are a number of Sen- President Bush was right when he 2 minutes of debate equally divided on ators, both Democrats and Repub- the nomination of G. Murray Snow. told the Nation we are addicted to oil. licans, who want to speak in morning But what amazes me is their plan is de- The Senator from Vermont. business. Mr. LEAHY. Madam President, I signed to have us continue to act like yield back the remainder of time on f addicts. Instead of supporting real this side, and I am advised on the other MORNING BUSINESS plans to conserve oil or even transition to sustainable fuels, the Bush-McCain side they yield their time. There is no Mr. REID. Mr. President, I ask unan- need for a rollcall vote. plan is to go out in search of our next imous consent that the Senate now be oil fix. The PRESIDING OFFICER. Time is in a period for the transaction of morn- Ending a bipartisan 26-year morato- yielded back. ing business for a period of a half hour, rium to open the Outer Continental Mr. REID. I suggest the absence of a that the time be divided equally and I, Shelf to oil is simply not a solution to quorum. of course, ask this time count against our oil crisis. The PRESIDING OFFICER. The postcloture time on the FISA matter To defend the senseless Bush-McCain clerk will call the roll. on which we are working. The assistant legislative clerk pro- The PRESIDING OFFICER. Without plan to open all our shores to drilling, ceeded to call the roll. objection, it is so ordered. my colleagues on the other side of the Mr. REID. Madam President, I ask The Senator from New Jersey. aisle have been playing fast and loose unanimous consent that the order for Mr. MENENDEZ. Mr. President, is with the facts. They claim opening our the quorum call be rescinded. the business before the Senate that we shores to future drilling will somehow The PRESIDING OFFICER. Without are in morning business? affect gas prices. As I recently pointed objection, it is so ordered. The PRESIDING OFFICER. It is. out on the floor, this argument flies in the face of projections by President Mr. REID. For the information of all f Members, Senator LEAHY and Senator Bush’s own Energy Information Agen- SPECTER have agreed that we can have OUTER CONTINENTAL SHELF cy. They project that even if we opened the judge’s vote by voice, and we will DRILLING the entire Outer Continental Shelf to do that in a minute. But I wish to in- Mr. MENENDEZ. Mr. President, for drilling off the East Coast, off the West form everyone that the Republican years, we have had an energy policy Coast, and opened the entire eastern leader and I, following this judge being that was written by big oil for big oil, Gulf of Mexico, nothing would happen approved—we will go into a quorum and the result has been good for big oil to gas prices—not today, not tomor- call, and we will be in a position, hope- but a disaster for the American people. row, not ever. fully, in the next 15 minutes, half Gasoline is now at over $4 per gallon, Now, it seems that Senator MCCAIN hour—you know how time is counted in and the Bush-McCain plan is to do cannot keep up the charade any longer. the Senate. Jack, who used to work more of the same. My colleagues on the On Monday, he admitted he did not ex- down here—one night I came in here Republican side of the aisle have con- pect his plan to provide relief at the and he gave me a dog chain. I said: tinuously sought to help big oil while pump, but that his plan would have a Why did you do that? He said: Because at the same time they have blocked psychological impact that would be the Senate goes on dog time. Democratic attempts to develop real ‘‘beneficial.’’ Psychological games are We will try to do something very policies to end our addiction to oil. The not going to reduce the price of oil. quickly. But we will go into a quorum result is that under the Bush adminis- The American people are sick and tired call following the judge being ap- tration the price of oil has shot up to of Republican politics that try to use proved, and Senator MCCONNELL and I $125 per barrel and more, and the price political spin rather than sound policy will be back with the next chapter of of gasoline has more than doubled. to solve our problems. the saga as quickly as we can. Despite this history of gas prices Another fact that the other side of The PRESIDING OFFICER. The going up and up because of failed poli- the aisle wants to keep from the Amer- question is, Shall the Senate advise cies, the Republican Party continues to ican people is that 80 percent of the oil and consent to the nomination of G. block measures that will help create and natural gas resources in our Fed- Murray Snow, of Arizona, to be United change in this situation. Every time we eral waters are already open, already States District Judge for the District offer sensible policies to address the oil open for exploration. Oil companies are of Arizona? crisis, my friends on the other side of sitting on 68 million acres of oil and The nomination was confirmed. the aisle say no. They said no to the natural gas leases where they have not The PRESIDING OFFICER. The mo- Consumer-First Energy Act that would produced any oil or natural gas. I tions to reconsider are laid on the finally clamp down on rampant oil joined my colleagues, Senator DODD table, en bloc, and the President will be speculation and burst the speculative and Senator DURBIN, to introduce a immediately notified of the Senate’s bubble that has caused oil prices to bill, the Responsible Ownership of Pub- action. skyrocket. Then they said no to the re- lic Lands Act, that will charge oil com- f newable energy tax extension bill that panies an escalating fee for leased would help continue the rapid growth acres they put aside and do not use for LEGISLATIVE SESSION of wind and solar and provide an incen- oil and natural gas exploration. This The PRESIDING OFFICER. Under tive for the purchase of plug-in hybrid will give these companies the incen- the previous order, the Senate will now vehicles. This would help us begin the tives they need to stop hoarding the re- return to legislative session. transition to new energy sources so we sources they have instead of seeking Mr. LEAHY. I suggest the absence of are not so vulnerable to the rising cost access to environmentally sensitive a quorum. of fossil fuels. And then our colleagues areas. The PRESIDING OFFICER. The said no to climate change legislation One other factor that has not been clerk will call the roll. that lays out the framework to com- discussed properly in this debate about

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.033 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6212 CONGRESSIONAL RECORD — SENATE June 26, 2008 high gas prices is the effect of Presi- My colleagues from the Common- XIV process of placing this bill directly dent Bush’s disastrous economic poli- wealth of Virginia want to open the on the Senate calendar yesterday. I cies. The weak dollar means it simply coast of Virginia to drilling. They seem also want to express my deep apprecia- takes more money to buy the same to think that oil drilling will only af- tion to him for his goal of moving this barrel of oil than it did at the begin- fect the State of Virginia. But oil spills legislation forward within the next ning of President Bush’s term. In 2000, do not sit still. Remember that oil month. I think there is widespread sup- one Euro was equal in value to $1. drilling spill in the gulf that traveled port, in a nonpartisan way, for this leg- Today, one Euro is worth close to $1.60. 600 miles, and the Exxon Valdez spill islation, which impacts people when In large part, this weak dollar has off the coast of Alaska was over 600 the weather gets hot and it impacts been caused by the enormous domestic miles wide. So what would a similar people when the weather gets cold. budget deficits this administration has spill look like on the east coast? It This bipartisan bill is being cospon- rung up to pay for the war in Iraq. In- would mean a devastated coastline sored by Senators LEAHY, SNOWE, stead of actually paying for this mis- from New York down to South Caro- BROWN, SUNUNU, CARDIN, COLEMAN, take, the administration has been lina. The environmental impact would KERRY, COLLINS, KENNEDY, and SMITH printing money and piling up huge be immeasurable, and the economic and I expect that the numbers of Sen- debts. We are spending over $12 billion impact would be enormous. ators from both sides of the aisle who a month in Iraq, and this foreign policy The New Jersey shore is a priceless will be supporting it will only grow. disaster is now adding up to be a fiscal treasure my home State will protect at The bottom line here is pretty simple, policy disaster. It is time we finally any cost. But the shore also generates and that is: With the cost of energy end the war and get our fiscal house in tens of billions of dollars in revenues soaring, we have many millions of order. In turn, this would strengthen each year and supports almost half a Americans wondering next winter how the value of the dollar and help lower million jobs in South Carolina; in Myr- they are going to be able to stay warm, the price of gasoline. tle Beach alone, more than $3 billion in and we have got to expand LIHEAP But perhaps the most disturbing revenue. Do we want oil washing up funding to match the inflationary costs thing about the misinformation cam- onto Virginia Beach, flowing up into of home heating fuel. paign to sell the Bush-McCain plan to the Chesapeake Bay? Can Maryland’s For those people living in warm open all our oceans to drilling is that famous blue crabs survive such an envi- weather States, what we understand they refuse to discuss how drilling will ronmental assault? right now is that electricity rates are be economically and ecologically dev- It is time for a real cure, based on a also soaring. There are many Ameri- astating to our coasts. tough examination and reordering of cans—elderly people, lower income peo- On June 3 of 1979, an exploratory oil our energy priorities, and not tired old ple—who are unable to afford the in- well in the Gulf of Mexico blew out. policies of the past. I ask my col- creasingly high cost of electricity. The resulting 140 million gallon spill leagues on the other side of the aisle to They run the danger of seeing their was the second largest in world his- end their efforts to block real reform. electricity cut off. When the weather tory, over 10 times larger than the It is time we unite together to pass the gets 110 degrees and the electricity gets Exxon Valdez spill. As you can see Consumer-First Energy Act to clamp cut off, and you are a senior citizen or from this map, the spill traveled 600 down on excessive speculation and fi- you are a person who is frail or who is miles to blanket the coast of Mexico, nally burst this oil bubble. It is time ill, you have a problem dealing with Texas, and Louisiana, causing tremen- we come together and pass the renew- dous damage. heat problems. able energy tax extension bill that will So I hope and expect there will be I think we all remember that on promote the development of clean en- March 24 of 1989, the tanker Exxon widespread support for this legislation. ergy here at home, help our auto- Once again, I thank the leader for put- Valdez ran aground in Prince William makers develop cars that run on elec- Sound, AK. The oil tanker ruptured ting this on the rule XIV process. tricity, and develop advanced biofuels I also want to say a few words about and spilled over 10 million gallons of so we have a sustainable alternative to oil. The result was an oil spill over 600 the Medicare package that was ap- gasoline. proved overwhelmingly in the House on miles that created one of the largest If we do not do this, we are continu- Tuesday, and which we expect, hope- environmental disasters in history. We ously wedded to the past, continuously fully, to take up here shortly. This bill were told we had state-of-the-art tech- wedded to the addiction, continuously is nearly identical to the bill put forth nology then, in terms of carriers, tank- wedded to a failed policy. To hear our on the floor last week by Finance Com- ers, and everything else. Well, that was colleagues on the other side of the mittee Chairman BAUCUS, and I thank 600 miles of devastation. aisle, if we opened the east and west the chairman for his commitment and I am about to show images of the coasts, it would go directly, like gas, his effort in putting together this ex- devastation following the spill, and into your car. We know that is not certainly I would ask if there are any true. That is simply not going to hap- cellent piece of legislation. There is a lot in this bill, but there is children watching, or those who are pen. sensitive to the plight of animals, they The American people are sick and one particular section I want to focus should probably look away from some tired of an energy policy written by big on, and that is the section pertaining of the images. oil. It is time for our friends on the to Medicare payments to community The Exxon Valdez coated the Alaska other side of the aisle to join us in real health centers. shoreline, turning a pristine environ- reform so we can actually achieve Specifically, this bill provides for a ment into a toxic waste cleanup site. something that moves us in a much dif- much needed increase in the cap on Over 11,000 people worked to try to ferent direction. Medicare payments to community clean oil washed up onshore. Even Mr. President, I yield the floor. health centers, and also requires a GAO today, there is estimated to still be The PRESIDING OFFICER. The Sen- study to determine whether the cur- over 20,000 gallons of oil on Alaska’s ator from Vermont. rent structure for Medicare payments to community health centers provides sandy beaches. The spill killed thou- f sands of animals immediately. It killed adequate compensation for the care hundreds of otters and seals, as many LIHEAP AND COMMUNITY HEALTH provided. I believe it does not. as half a million sea birds, and over 200 CENTERS According to the National Associa- of the very symbol of America itself— Mr. SANDERS. Mr. President, on tion of Community Health Centers, the the Bald Eagle. Tuesday, I introduced S. 3186, the artificially low cap on Medicare pay- Anyone who saw these devastating Warm in Winter and Cool in Summer ments costs community health centers images from this incident cannot for- Act. This bill would provide $2.53 bil- $50 million annually—money that get them. But what is important to re- lion in emergency funding for the Low- could be used to provide primary care member from these disturbing images Income Home Energy Assistance Pro- access to thousands more of our Na- is that if we open the east and west gram, commonly known as LIHEAP. tion’s seniors. An overwhelming major- coast to drilling, the same thing could I take this opportunity to thank the ity of community health centers—a happen to places here in the lower 48. majority leader for completing the rule full 75 percent—now lose money—they

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.080 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6213 lose money—treating Medicare bene- about 1 week of the war in Iraq. So you is another effort today to rewrite his- ficiaries. An inadequate and arbitrary have war in Iraq, 1 week; or $2 billion tory. I can say, as vice chairman of the payment system jeopardizes the ability or $3 billion building hundreds of com- Senate Intelligence Committee and the of community health centers to con- munity health centers, providing pri- cosponsor of the Protect America Act, tinue to provide necessary primary mary health care, dental care, mental I was the lead negotiator during the care to the 1.5 million Medicare bene- health counseling, low-cost prescrip- final hours of the Congress, as we tried ficiaries who are seen at community tion drugs, to every man, woman, and to pass a critical short-term update of health centers each year, many of who child. our Nation’s law governing terrorist live in the most isolated and medically In the course of the coming months surveillance. underserved regions of this country. and years, I will be fighting for that $2 As one who was there, I dispute the Let me say a word on community or $3 billion. It certainly is not going misinformation that was spread and health centers, because I am a very to solve all our health care problems, largely by those who were not there. I strong advocate of that program. The but by providing a place where any will outline the events as they oc- truth is that in the midst of the dis- American—whether you are insured, curred, and here is what happened. integrating health care system, one of uninsured, Medicare, Medicaid—regard- As I think most of us know, in Janu- the major crises we are facing is in pri- less of your income you can walk in ary 2007, the President announced that mary health care access. All over and get high-quality primary health the terrorist surveillance program was America, especially in rural areas, mil- care—wow, that is a huge step forward coming under the FISA Court. Our Di- lions and millions of people simply in this country. rector of National Intelligence, Admi- cannot get access to a doctor, to a In order to make sure these commu- ral McConnell, subsequently stated nurse, to a dentist, to people who will nity health centers function, we have that after that time, the intelligence help them deal with their day-to-day to do something else. Do you know community lost a significant amount health problems. The insanity of con- what we have to do? We have to grad- of collection capability and that, com- tinuing that situation, that lack of uate doctors and nurses. We are living bined with increased threat, compelled health care access, means people will at a time when we are not graduating him to ask Congress to modernize simply get sicker. They are going to go from medical school enough doctors or FISA, sooner rather than later. On April 12, Admiral McConnell sent to the emergency room and they will enough nurses or enough dentists. We his full FISA modernization proposal end up in the hospital at far greater ex- have to work on that. One of the ways to Congress, and on May 1 he presented pense and a lot more human suffering. we work on that is to significantly in- it in open session to the Senate Intel- I happen to believe this country has crease funding for the Health Services to join the rest of the industrialized ligence Committee. Corps, a program which provides debt Some would like us to believe that world and establish a national health forgiveness and scholarships for those was the first time this became an issue care program which guarantees health willing to serve in underserved medical for us, in July, but it was not. The DNI care to every man, woman, and child. I areas. had appeared in open session before the think at a time when we spend twice as There is a lot of work to be done. I Senate Intelligence Committee and had much per person on health care as any think we are making some progress on pleaded with us to update FISA months other nation and have 47 million people the Medicare bill coming before us. The earlier. uninsured and see our social indices, in day has to come when all our people, I might say, along with another col- terms of infant mortality or longevity, by right, have primary health care ac- league of ours on the Senate Intel- much worse than many other coun- cess and access to health care. ligence Committee, Senator BAYH, we tries, I think we should finally con- The PRESIDING OFFICER. The Sen- visited Iraq in early May of 2007, and clude there is something fundamen- ator from Missouri is recognized. the Joint Special Operations Com- tally wrong with our health care sys- Mr. BOND. Mr. President, I was mander, LTG Stan McChrystal, told us tem. asked by the Senator from Montana, at that time that the blockage in elec- Health care should be a right of all Mr. TESTER, if there would be any ob- tronic surveillance by FISA was sub- people. We should do it in a cost-effec- jection if I asked that, after I finish my stantially hurting his ability to gain tive way. The function of health care remarks, he be recognized for 5 min- the intelligence he needed to protect should not be to make insurance com- utes; that the Democratic time be ex- our troops in the field and gain an of- panies rich or make drug companies tended 5 minutes and the Republican fensive advantage. I believe I, and per- rich but should be to provide quality time be extended 5 minutes. haps Senator BAYH, spoke about that health care to every man, woman, and Is there any objection to that? in committee and on the floor. child. The PRESIDING OFFICER. Without Immediately following the admiral’s In the midst of all that, while we try objection, it is so ordered. testimony in May, I had urged the In- to take on the insurance companies f telligence Committee immediately to and all their lobbyists and while we try FISA mark up FISA legislation. I was told to take on the drug companies and all by members of the majority that until their lobbyists and advertising and Mr. BOND. Mr. President, I know this the President turned over certain legal campaign contributions, there is one is morning business, but I need to get opinions from the terrorist surveil- simple thing we can do, where I suspect people’s attention back on FISA, I lance program, Congress would not there is going to be tripartisan sup- hope. Let me clarify some things that modernize FISA. That Congress would port, and that is substantially increase have been said earlier today. From hold America’s security hostage to re- the funding for community health cen- time to time, some have tried to receiving documents from a program ters. In that regard, I thank Senator write the history on what happened 1 that no longer existed was disheart- KENNEDY and Senator ENZI for a very year ago in producing the Protect ening to me. We had already received strong authorization package that America Act, our first attempt to fix an inordinate amount of documents came out of the Health, Education, the problems with foreign intelligence from the Department of Justice and Labor Committee. I thank Senator surveillance 1 year ago. That was not the Director of National Intelligence. HARKIN and Senator SPECTER for their pretty, but I note there have been Yet I do not dispute the desire or the support in giving us a reasonable in- mischaracterizations of it. After last right of members to seek privileged crease in appropriations funding. But year, many critics of FISA, most nota- documents from the executive branch. we have a long way to go. bly in the House, tried to rewrite his- In fact, I joined in requesting some of The simple truth is—and this is a tory and discredit ADM Mike McCon- that. But I did disagree with holding up point that should be understood by all nell, the Director of National Intel- FISA modernization when those docu- Members—if we spend as a nation $2 or ligence, and this compelled me to ments were not necessary to do that. $3 billion more on community health speak out on the matter at this time. Despite the urging from the Director centers, do you know what? We could He, in my view, from what I saw, acted of National Intelligence, and knowing provide primary health care access to in good faith, and he was charged with this outdated law was harming our ter- every man, woman, and child. That is not having done so. But it seems there rorist surveillance capabilities, for

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.082 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6214 CONGRESSIONAL RECORD — SENATE June 26, 2008 more than 3 months Congress chose to I thank my colleagues on the com- stand even the White House has do nothing. Let me be clear, it was mittee, their staff, and all the Members dropped its longstanding opposition, Congress that chose to ignore the pleas of Congress who supported us, particu- and the President now says he will sign of the intelligence community. As a larly the 68 who came and voted aye to this bill into law. matter of fact, in late June, Admiral pass the FISA amendments in Feb- Passing the 21st century GI bill will McConnell had a briefing for the entire ruary. be a landmark achievement for this Senate. I believe about 42 to 44 of us That started the process that led us Congress. It will strengthen our Na- showed up there. He briefed Members of to where we are today. There is a tion’s military readiness through bet- the Senate, again urging us to mod- strong bipartisan product before us. ter recruitment by making military ernize FISA. Finally, his pleadings There were changes, cosmetic changes service a more practical option, and it began to gain traction. largely, made that the House believed will provide an important investment In mid-July, Members of Congress were important and the intelligence in Americas’s future by enabling vet- agreed to discuss a short-term, scaled- community assured us would not inter- erans to afford college at a time when down version of FISA to protect the fere with their ability to collect infor- career options and lifetime earning po- country for the next few months before mation under the structure we had set tential are increasingly linked to high- we could address comprehensive reform forth in the FISA amendments that er education. in the fall. Admiral McConnell imme- were passed by the Senate. One in nine Montanans have served diately sent Congress his scaled-down That is where we are today. I am our country in the military. We have proposal. ready, willing, and able, whenever it is one of the highest veterans rates in the Over the next week, Admiral McCon- the will of the leadership, to act on country, and our Montana values com- nell was given nearly half a dozen amendments that may be before us and pel us to take care of those who have versions of unvetted proposals from try to pass this bill so we will have served. Many of my Montana neighbors various congressional staffs across some certainty for the intelligence have written to me in support of this Congress and then pressed for instant community that they will know what new GI bill for the new ‘‘greatest gen- support of these proposals. The admiral the guidelines are for the next period eration.’’ returned a compromise proposal to the through 2012. One airman from Belt, MT, said to Senate, including some of the provi- In any event, I will be back when we me: sions requested. Unfortunately, there get on the bill to go over some of the I hope this bill passes for myself and for fu- were numerous bait and switches that items which are in question. But I ture generations. I have been deployed three took place during that time. think you see our chairman, Senator times in my five and a half years of active Since the bipartisan committee proc- duty service, and will be leaving active duty ROCKEFELLER, who is on the floor, and ess was circumvented to craft legisla- service within the year. This bill is finally tion behind closed doors without input I can assure you this is a good, solid, something that will allow people to do the from the relevant committee and the bipartisan bill that we should pass. things that they put off and that so many minority, it got messy in the final I see it is a good time to yield the have died for since the beginning of our war hours. Even as the vice chairman of the floor. on terrorism. I ask you to support this bill Intelligence Committee, I was excluded The PRESIDING OFFICER. The Sen- and allow all our Armed Forces members to succeed in life and all their endeavors. from the key meetings. Not only was I ator from Montana is recognized, pur- excluded, most members of the Intel- suant to the previous order. Another veteran from Kalispell, MT, ligence Committee, Republican and f wrote: I read with a great deal of interest your ar- Democratic, were left out of the proc- GI BILL ess. ticle in the Flathead Beacon about the need Therefore, in the waning moments Mr. TESTER. Mr. President, I rise in for a GI Bill, much like that of what we had support of the bipartisan Webb GI bill, in the past. I was able to attend college before the recess, I got together with a under the GI Bill after I was discharged from number of Democrats, including sev- and I urge the Senate to join me in voting to pass it without further delay. As the Army in 1956 under that bill enacted for eral from our Intelligence Committee, World War II vets. The GI Bill was instru- to discuss the short-term approach for a member of the veterans committee, mental in the creation of our middle class. It the Protect America Act that Leader this legislation has been a big priority gave this child of the Depression an oppor- MCCONNELL and I had introduced and of mine for the past year and a half. tunity to experience the degree of success which had the support of the DNI and Montana is home to more than 100,000 that I very likely would not have been able the Department of Justice. veterans. I have spoken with many of to achieve had it not been for that GI Bill. Finally, on August 3 and 4, Congress, them over the past year and a half, and These are just two examples of the on a strong bipartisan basis and a de- I was very pleased to work on their be- many letters I have received from back sire to get out of town for the August half last year for the largest increase home. I know many Senators received recess, passed the Protect America in funding in the history of the VA. similar letters. I call on all of my col- Act. Earlier this year, the Senate passed leagues to join me in voting for this That was why it was jammed up. The my legislation to raise the reimburse- vital legislation. We must pass this bill administration was not trying to stiff ment rate for veterans’ travel to and to honor the service and sacrifice of us. The administration felt it was from VA facilities. It was the first in- our Nation’s veterans and to invest in being stiffed. Fortunately, a solid, bi- crease in 30 years. America’s future. partisan majority of the Senate came As American forces continue to be I have been pleased to work on this together, passed the bill, and gave the engaged in wars in Afghanistan and important piece of legislation with a House, regrettably, no choice but to Iraq, it is well past time for Congress bipartisan group of Senators led by the pass it—which they did. But after the to step up to the plate and deliver for Senator from Virginia, one of my fel- passage of the act, I think we all our veterans. low members of the Senate class of learned a good lesson. We sat down to- This new GI bill will provide first- 2006. gether on the Senate Intelligence Com- class educational benefits for those Senator WEBB and I hail from dif- mittee and began, on a bipartisan who served since 9/11. It will pay for ferent parts of the country and dif- basis, to work out a permanent solu- tuition and books and a monthly sti- ferent walks of life, but we joined the tion to FISA. I am very thankful we pend roughly equivalent to the benefits Senate at the same time with a simple could do it. We put in a great deal of given to millions of Americans fol- hope: to provide a new direction for our work. We spent a lot of time with the lowing World War II. Nation. DNI, with the lawyers and the The first GI bill created a vibrant Last year, Senator WEBB and I trav- operatives for the program, and Sen- middle class that drives our economy eled together to Iraq. We were able to ator ROCKEFELLER and I worked, in a to this day and makes America the visit with quite a few of the brave bipartisan fashion, to come up with a envy of the world. This GI bill can do young men and women who serve our strong committee bill that we passed the same again. country day in and day out. When you out of the Senate later on a 68-to-29 Every major veterans organization in talk to these folks, it really makes you vote. this country supports this bill. I under- feel that our Nation is in good hands.

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.084 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6215 They are serving us well, and now it is Today, we are set to approve a meas- that sunset from time to time that time to do right by them. This is com- ure that will shape today’s military, must continue to be extended if you monsense legislation that will dem- the future of the military, and the fu- want the benefits of that tax policy. onstrate to our veterans that America ture of our Nation for many years to In most cases, we think this tax pol- honors their service and cares about come. Today’s new veterans will know icy is good policy because many times their future. that we honor the contributions they these policies have been on the books Passing this bill is the right thing to have made in service to this Nation. and expired, and we have extended do, and it is the smart thing to do. I We understand the sacrifices they them. So the term ‘‘tax extender’’ urge the Senate to vote as soon as pos- made, the hardships they endured, and means keeping existing tax policy in sible to pass this new GI bill for Amer- the toll that has taken on their lives place; however, it has sunset so Con- ica’s new ‘‘greatest generation.’’ and the lives of their families. gress must act to keep it going. I thank the Senator from Missouri This new GI bill will be a tool that The biggest one is called the AMT. for giving me this opportunity to the military can use to attract our best Most people know it by the alternative speak. and brightest college-bound high minimum tax fix. That affects 25 mil- I yield the floor and suggest the ab- school seniors to voluntary military lion families. There are a number of sence of a quorum. service. Down the road these new vet- other widely applicable tax relief pro- The PRESIDING OFFICER. The erans will turn to their children and visions that fit into the term ‘‘tax ex- clerk will call the roll. grandchildren and tell them that the tenders.’’ The legislative clerk proceeded to way to advancement is through the One provides millions of families call the roll. successful completion of an honorable with a deduction for college tuition, Mr. AKAKA. Mr. President, I ask period of service to their country. another provides deduction for our unanimous consent that the order for I am genuinely delighted to have schoolteachers for out-of-pocket ex- the quorum call be rescinded. played a role, however small, in the penses that they might pay for that the The PRESIDING OFFICER. Without formulation of this legislation. I school district does not pay for. One objection, it is so ordered. sought to work with Senator WEBB that is very important to innovation in The Senator from Hawaii is recog- early in the development of this meas- American business is called the re- nized. ure. When the time for action was at search and development tax credit, Mr. AKAKA. Mr. President, as the hand, he and I came together as a team which has been part of the Tax Code chairman of the Senate Veterans’ Af- and crafted the workable measure that since 1981. fairs Committee, I am very pleased to is before the Senate today. I express All of these tax relief provisions ex- express my support for the provisions my deep respect and gratitude to Sen- pired not just today but 6 months ago. of the war funding supplemental that ator WEBB for his untiring efforts and This Congress has not passed legisla- would establish a new GI bill for the personal commitment to this issue. tion yet to deal with this problem. We 21st century. As chairman of the Senate Veterans’ have had two cloture votes in the Sen- These provisions, drawn from S. 22 as Affairs Committee, I am excited to see ate on taking care of this, but those introduced by the junior Senator from that this new GI bill will have a votes have been on a bill that will not Virginia, Mr. WEBB, who serves with smooth transition. I intend to work pass the Senate. And even if the House me on the committee, will establish a closely with Senator WEBB and others bill were to pass the Senate, the Presi- new program of educational assistance toward that end. We will begin later dent would not sign it. So the issue is, for the brave young men and women this week by ordering reported a group do we want to get these things ex- who have answered the call to duty in of technical amendments that will help tended or not? If you are going to do it, service to our country since September ensure that the implementation of the you have to do it in a way that is going 11, 2001. new GI bill will be as effective as pos- to get it through the House and Senate, This past Sunday, June 22, marks the sible. as well as the President’s signature. 64th anniversary of the original GI bill. The committee, in its oversight ca- What is holding up this bipartisan, As one of the 8 million World War II pacity, will also be working closely time-sensitive tax relief? It is an obses- veterans who took advantage of the op- with both the Departments of Defense sion with the Democratic leadership, a portunity it made available, I know and Veterans Affairs to identify and re- version of pay-go or pay-as-you-go. I firsthand the value of what we are pre- solve issues before they become prob- have spoken on this before, but the pared to approve today. If it were not lems. hangup is the Democratic Party’s feel- for the valuable educational benefits I Today, with the final passage of this ing and obsession over raising taxes to received, I would not be standing here new GI bill, we say to our newest gen- offset continuing current law tax relief today in the Senate. eration of citizen soldiers, we appre- policies. Without the GI bill and the maturity ciate you. We recognize that the abil- I have offered a deficit-neutral path and discipline I learned through my ity of our Armed Forces to attract and to these tax extenders, that being a re- military service, I am certain my life retain quality personnel in the future, straint on new spending. But I have no would have turned out much dif- and consequently our national secu- takers from the other side. I haven’t ferently. The original GI bill changed rity, depends on how we meet the needs even received a response on the merits America. It made higher education ac- of those serving us today. The new GI of my offer that I made to the other cessible for individuals from all back- bill will do that for our country. side. The action or lack of action thus grounds. I yield the floor. far proves my point. The leadership of Veterans flooded colleges and univer- The PRESIDING OFFICER. The Sen- the other party—or maybe all Members sities. Huge lines of returning service- ator from Iowa is recognized. of that party—is so obsessed with rais- members doubled or tripled enroll- f ing taxes that they are willing to hold ments. By the time the original GI bill hostage popular bipartisan tax relief expired in 1956, the United States was TAX POLICY measures. richer by hundreds of thousands of Mr. GRASSLEY. Mr. President, I Democratic spokespersons are trained engineers, accountants, teach- want to address the Senate on the issue threatening to kill these tax extenders ers, scientists, doctors, dentists, and of tax policy. Serving as a member of unless they get tax increases they want more than 1 million other college-edu- the Senate Finance Committee with so badly. It reminds me of a nursery cated individuals. jurisdiction over this, I watch tax pol- story. I am referring to the story of the The original GI bill created major so- icy pretty closely. We are almost half big bad wolf. I have a chart here so peo- cial change. Some have credited it with through the year 2008. Since January 1 ple don’t forget who the big bad wolf is. creating the middle class. And when of this year, several tax relief provi- You remember the story. The big bad the sons and daughters of the ‘‘greatest sions have expired. I am talking about wolf in that nursery story threatened generation,’’ the baby boomers, came what we call tax extenders that have the three little pigs. He said something of age, the legacy of a college edu- been on the books in the Tax Code for like: I am going to huff and puff and cation was passed on to them. several years, in some cases decades, blow your house down. The Democratic

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.090 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6216 CONGRESSIONAL RECORD — SENATE June 26, 2008 leadership is playing the role of big bad brought forward a bill that addressed I get mad about it. But I also am dis- wolf right now. the tax extenders in the lameduck ses- mayed. I am disappointed that the poll- Here is what my friend the distin- sion of December 2006. driven use of the term ‘‘Bush tax cuts’’ guished House leader said: The bottom line is, the folks on our flows so easily off the tongues of people The extender bill is not going to pass un- side recognized, although it took a long in the other party. The media folks less it’s paid for. time, the merits of continuing tax pol- can’t get enough, so they continue to When asked if he would make a simi- icy that has been on the books for a repeat the ‘‘Bush tax cuts’’ over and lar pledge regarding the $62 billion cost long period of time, that a vast major- over and over. You can imagine how an of preventing the alternative minimum ity of the Congress knows is good pol- author of a bipartisan tax relief meas- tax from hitting 21 million more tax- icy and it ought to be extended. They ure would feel if it is referred to this payers, the distinguished leader of the recognized that the unsuccessful effort way. other body demurred: to leverage the popularity of these tax But do you know what really dis- benefits did not mean the extenders The extender bill is not going to pass if it’s appoints me? The fact that the not paid for. had to die on the vine. This recognition spokespeople for the Democratic Party occurred despite earlier threats I have I call this an obsession. and their Presidential candidate are already spoken to to kill the extenders. I might add, I have been pleased to telling Americans who make less than It will be the same tale of the big bad $250,000 a year that their taxes will not work with the House majority leader in wolf 2 years later. A partisan obsession the past, particularly on the children’s go up if they vote Democratic in No- with a tax-increase version of pay-go or vember. I think this is intellectually health insurance bill and other mat- pay-as-you-go will not, at the end of ters. But in the case of the tax extend- dishonest, and the folks in the media the day, trump bipartisan popular tax should call them on this and make it ers, I beg to differ with the distin- relief measures that millions of fami- guished leader of the other body. That very clear that it is otherwise. Why do lies are counting on and have been on I say this? Because my friends on the is some very serious huffing and puff- the books for a long time. If I am ing. For those millions of families other side will increase capital gains wrong, the spokespeople for the Demo- rates. They will also increase the tax sending their kids to college, forget cratic Party should tell those millions about your tuition tax deduction un- rate on dividend income. I told this of families and thousands of innovative body and any friends in the media that less the Democrats get their offsetting businesses that their partisan agenda tax increase. They have ignored the Americans earning less than $250,000 a is more important than doing the peo- year have capital gains each year. spending cut proposal I circulated over ple’s business. I will continue to wait a week ago, so they are not holding tax They also claim dividend income. Here for a response. More importantly, the I will remind my colleagues and the extenders hostage to a pledge to pay people should hear the answer. for them. They are holding extenders media that over 24 million tax returns I feel very strongly that these are tax last year claimed dividend income. hostage to their version of pay-as-you- matters we ought to address very soon. go, which is guaranteed tax increases. There is not that many taxpayers over Certainty of tax policy and predict- $250,000 a year. More revenue, from their judgment, ability in tax policy is very important Also, over 9 million Americans means more spending and yet bigger for our economy to move forward. In claimed capital gains. We have another government. this case, I am referring to the bipar- chart on capital gains. You would be Now I will show you the big bad wolf tisan tax relief this Congress passed in correct if you guessed that not all of can sometimes be a Republican. I have 2001 and 2003. these Americans were making more another chart with a famous quote on I wish to emphasize the word ‘‘bipar- than $250,000. it from a former majority leader of this tisan.’’ The reason I wish to emphasize body. Senator Frist said: ‘‘bipartisan’’ is too often this policy of So how do you get away with saying If the Senate kills the trifecta bill, we will 2001 and 2003 that ought to be extended we are just going to increase the taxes not return to it this year. That means we is referred to as ‘‘the Bush tax cuts,’’ on people over $250,000 and let the cap- would have no permanent death-tax reform, as my friends on the other side of the ital gains rate go up, let the tax on no tax-policy extenders, and no minimum- aisle would like our friends in the dividends go up? You are hitting many wage increase. It’s now or never. It’s this Americans under $250,000. I will bet week. media to call them, and the friends in the media are catching on. But why some of them were even low-income That is what was said approximately not bipartisan tax relief? Because I re- taxpayers because we established a pol- 18 months ago. At the time, Repub- member when that suggestion first icy just a few years ago that under a licans were in the majority. It was also came from the White House. It was $1.7 certain income and a very low income, the last time folks in control of Con- trillion worth of tax cuts over 10 years. we want low-income people to have a gress were holding extenders hostage I immediately said we were not going savings ethic, not only that, but the for an unrelated reason. In that case, to be able to do that because we had to ability to actually save, people who the unrelated issue was death tax re- do something in a bipartisan way. So it today have a zero rate of taxation on lief. Extenders were part of what was ended up, because of my decision, in capital gains—zero. referred to then as the ‘‘trifecta.’’ A conjunction with Senator BAUCUS, that Speaking of zero, the junior Senator third part of the trifecta was a min- it was not going to be more than $1.3 from Illinois has proposed to reduce imum wage increase. trillion. So I come to the floor with le- the capital gains rate for startup com- Here is what then-Senate majority gitimacy to denigrate the label of panies from 7.5 percent, which is the leader Bill Frist said, kind of a repeat: ‘‘Bush tax cuts’’ and emphasize bipar- current rate, to zero. I like his think- If the Senate kills the trifecta bill, we will tisan tax cuts. ing on that policy because it is going not return to it this year. That means we I have actually noticed that my to help small business, it is going to would have no death-tax reform, no tax-pol- Democratic colleagues like the ref- help entrepreneurship. icy extenders, no minimum-wage increase. erence ‘‘tax relief.’’ They have used the But the distinguished Senator will He went on to say: reference on the campaign trail of increase the capital rates in other It’s now or never. It’s this week. their Presidential candidate. How iron- areas by at least 33 percent. That What we have is huffing and puffing, ic. My Democratic friends label the bi- strikes me as being counterproductive. a threat to blow the extender House partisan tax relief the ‘‘Bush tax cuts,’’ That is rearranging the deck chairs. It down—the big bad wolf once again. So yet they call their own tax plan ‘‘tax is simply squeezing the balloon. And in you can see my criticism is not par- relief,’’ especially when this so-called a sense, I consider it hot air and cer- tisan. I have shown a case where the Democratic tax relief is merely an ex- tainly not change you can believe in. It Republican majority held tax extenders tension of the 2001 reduction in tax is not change I believe in, and eventu- hostage. rates for certain taxpayers, not all tax- ally the American voters are going to As we know, soon the then-Repub- payers. I am not surprised. After all, it see through this. lican leader, the then-majority leader, is political season. But I feel a little Let me get back to the tax increase Dr. Frist, came to his senses. He finally bit disgruntled about it all. Sometimes that Americans making less than

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.092 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6217 $250,000 will see. I want to take a mo- suggesting that all people who invest that higher income people—or folks in ment to talk about an interview con- money are part of a leisure class, a lei- the ‘‘leisure class,’’ according to Pro- ducted by Wolf Blitzer of CNN. On his sure class that is making money rather fessor Veblen—are the only taxpayers program Sunday, June 15, Mr. Blitzer than producing goods and services? who invest. They contend that these delved into the capital gains and divi- And as a result, somehow, they should folks are bad, that this ‘‘leisure class’’ dend income tax issue. He asked his not get any breaks over those who are should no longer have incentives to in- guest—the chairman of the Democratic laboring for their money? vest. Congressional Campaign Committee— Do they want to discourage those At the same time, my friends are whether Senator OBAMA’s plan to tax who labor and produce goods and serv- taking away incentives for hard-work- dividends and capital gains would in- ices from saving and investing? Do ing Americans to save and invest. The crease taxes for Americans of every they want to discourage laborers from implication is if you save and invest, background, not just rich people. I am mimicking or emulating those prof- you are bad, and if you do not save and glad Mr. Blitzer asked the question. iting off of investments? They seem to invest, you are good. The most interesting point to this think that all folks who invest are But that is going too far. It is off the story is the response. The response was higher income people. reservation. Separating workers who that Senator OBAMA will increase the As an aside, if the DCCC chairman save and invest from workers who do capital gains rate. Let me repeat that. were correct, we would not have at not save and invest is new territory for If the distinguished Senator from Illi- least 5 million Americans using the the other party and should not go un- nois is elected President, he will raise low-income saver’s credit, adopted in a checked. rates on capital gains. Why? Appar- bipartisan way here in this Congress. I The junior Senator from Illinois elo- ently the junior Senator from Illinois have a chart in the Chamber. It shows quently states that we need to move thinks investment income is, quote, the number of low-income taxpayers on past division and that we as Americans unquote, leisure income. He thinks a State-by-State basis claiming the need to come together. Who is going to that ‘‘leisure income’’ should not get saver’s credit. disagree with that? My friend talks the same breaks as income earned This is data from 2003. about his disdain for old-style politics through labor. In Iowa, for instance, there were al- and emphasizes change. But it is inter- I wish to submit for the RECORD an most 96,000 low-income families and in- esting to hear the surrogates of Sen- excerpt of the transcript from the June dividuals using the saver’s credit. ator OBAMA reaching back to the class 15 show on CNN so folks in the media Chairman BAUCUS and I designed this warfare discussions that took place in can see this. The excerpt is the full policy in the 2001 bipartisan tax relief the last century. interview of the DCCC chairman. I legislation. Now it is permanent law. This is not change you can believe in. have highlighted the portion of the About 5.5 million low-income savers— Middle- and low-income investors interview I wish folks to pay attention and these are not people of leisure—use should be appalled—appalled because to. the credit. I would tell the DCCC chair- their Government believes their pur- To quote the chairman: man and the junior Senator from Illi- suit of the American dream is all lei- Obama has said that you shouldn’t give a nois that these low-income savers are sure and that the Government wants to break to leisure over labor. not figments of somebody’s imagina- increase their taxes, yes, on Americans The DCCC chairman expounded upon tion. They are real people. I do not who make less than $250,000. this by saying: think they consider themselves mem- So following the question of Mr. In other words, people who are making bers of the ‘‘leisure class.’’ Blitzer, I wish to ask my friends on the money simply by investing it, rather than I encourage everyone to study this other side of the aisle—or whoever through their work in the labor force, transcript. You will see that the distin- wants to speak for them—whether shouldn’t be getting a break over the people guished Senator from Illinois, accord- Americans making less than $250,000 who are going to work every day. ing to his surrogates, wants to tax in- will see a tax increase under a new The DCCC chairman thinks ‘‘that vestments because he believes that Democratic administration. Because if makes sense.’’ making investment income is leisure. you take their words for what they are So the Democratic leadership, and He believes that hard-working Ameri- now, you are going to see a lot of big their Presidential candidate, believe cans should not get a break on this tax increases for people making less the current tax policy favors leisure type of income. He believes that tax- than $250,000 a year. over labor, and they consider that all payers do not work hard enough to I wish to know whether they agree investment income is leisure income. earn money they can invest and then, with Senator OBAMA and the Demo- So what they are saying is anyone who in turn, have investment income, and cratic leadership and believe that in- saves and anyone who invests is a per- that those who do work hard should vestment income is leisure. son of leisure. not be given an incentive to invest. My Democratic friends may respond Maybe my friends on the other side I wish my friends on the other side to that the junior Senator from Illinois of the aisle have been reading the know that investments begin with tax- wants to give middle-income folks a writings of Thorstein Veblen. Professor payers’ hard-earned income. So in tax cut. But this middle-class tax cut Veblen, as shown in this picture, au- order to invest it, they first have to is fiction for those middle-income tax- thored ‘‘The Theory of the Leisure work hard to even earn it. payers who save and who have invest- Class.’’ ‘‘The Theory of the Leisure Also, I would like my friends on the ment. I challenge my media friends to Class’’ took a satiric approach to other side, who agree with the DCCC tell Americans what is going on here. American society and economics. ‘‘The chairman, to ask any taxpayer who Mr. President, I ask unanimous con- Theory of the Leisure Class’’ charac- saves, any taxpayer who invests their sent that the excerpt from the tran- terizes this ‘‘leisure class’’ as individ- money, whether they think investment script of ‘‘CNN Late Edition’’ of June uals who only benefited society in a is easy. Investment is hard work. You 15, 2008, be printed in the RECORD. minor or peripheral way because they have to educate yourself. You have to There being no objection, the mate- did not engage in labor-intensive jobs. make prudent decisions. Ask them if rial was ordered to be printed in the Instead, the ‘‘leisure class’’ often pre- investing their own money is leisure. RECORD, as follows: vailed over ‘‘labor income’’ classes by The other side thinks it is kind of like EXCERPT FROM TRANSCRIPT OF CNN LATE making profits without producing sitting out there on the beach in the EDITION—JUNE 15, 2008 goods and services. Sun all the time, not having a worry in BLITZER: Welcome back to LATE EDI- Professor Veblen also argued that the world. TION. I’m Wolf Blitzer in Washington. The certain labor income individuals began It is almost like the other side is re- Democrats are hoping not only to win the viving the ‘‘two Americas’’ that the White House this fall, but also to increase to mimic or emulate the ‘‘leisure their majorities in the Senate and the House class’’ to do nothing more than achieve former Democratic Presidential can- of Representatives. We’re joined now by the a so-called higher status. didate—former Senator John Ed- man in charge of that effort in the House, So is the distinguished DCCC chair- wards—was all about. But here, my the Democratic Congressional Campaign man, or his Presidential candidate, friends on the other side are saying Committee Chairman Chris Van Hollen. He

VerDate Aug 31 2005 01:51 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.094 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6218 CONGRESSIONAL RECORD — SENATE June 26, 2008 is a Democratic congressman from Mary- million to the Republican Party and its can- VAN HOLLEN: Well, what Obama has said land. Congressman, thanks very much for didates. So I’m not surprised . . . is that you shouldn’t give a break to leisure coming in. BLITZER: How much have they contrib- over labor. VAN HOLLEN: It’s good to be with you. uted to the Republicans? In other words, people who are making BLITZER: You happen to be my congress- VAN HOLLEN: A whole lot less. I mean, money simply by investing it, rather than man as well since I live in your district. But we’re talking about, maybe, 80 percent to through their work in the labor force, that’s not going to make this any easier for Republicans, 20 percent to Democratic can- shouldn’t be getting a break over the people you. didates, generally. who are going to work every day. That’s es- VAN HOLLEN: Come on, Wolf. The DCCC—we don’t take money from oil sentially his position. And I think that BLITZER: No favorites. All right. Let’s and gas PACs. And I think what you see, in makes sense to most people, that if you’re talk a little bit about what we just heard the results, is the policy. working every day, you shouldn’t carry a from John Boehner. Why not start drilling? They’re calling for more of the same. We larger burden than other . . . There are enormous amounts of oil right should not be giving more subsidies to the (CROSSTALK) here in the United States on the coast, on oil and gas industry. Our proposal is to say, BLITZER: So you have no problem seeing the East Coast, the West Coast and Alaska. let’s take those funds and invest them in re- the capital gains tax rate go up? That could dramatically increase supply and newable energy and energy efficiency. Because Obama has clearly suggested, if he BLITZER: The DCCC is the Democratic as a result reduce the price per barrel and had his way, it would go up. Congressional Campaign Committee, which the price at the pump. What is wrong with VAN HOLLEN: Well, we’re going to be you’re in charge of. You’re the chairman and that? looking at Senator Obama’s proposal. We your job is to get more Democrats elected to VAN HOLLEN: Well, we are drilling. There haven’t adopted any particular position on the House of Representatives. is nothing wrong with drilling. We have lots that issue, in the House, as Democrats. But You say that you don’t accept money from of oil companies in the United States that I just want to be clear that that’s what he the oil and gas PACs. But you do accept are drilling. said. money from lobbyists and other PACs, even BLITZER: Nancy Pelosi votes against ev- I think what you’re seeing here, Wolf, is a though Barack Obama doesn’t accept that eryone of these drilling propositions. feeling in the country—we saw it in these money for his campaign. And he’s now told VAN HOLLEN: And in fact, there are 60 polls—that the Republican leadership in million acres of federal land that are cur- the DNC not to accept that kind of money. VAN HOLLEN: Well, we did something Washington is in a bubble. They’re very rently leased to the oil and gas companies much out of touch with the economic pain that are sitting idle. They’re not drilling. very new this time around. In fact, I led the effort in the House; Barack Obama led the ef- Americans are feeling. They like the status quo. They like the way John McCain said, not long ago, that we things are going. We’re going to have legisla- fort in the Senate, to require transparency, for the first time, of bundling by lobbyists. have seen great progress under the Bush ad- tion that is going to be considered shortly ministration. And if you like George Bush’s that is use it or lose it. If you are going to That means that, when registered lobbyists are raising money, not just their own economic policies, you’re going to love John hold up these 68 million of federal lands, McCain’s economic policies. you’ve got to start drilling for oil or else contribution but they’re going out and raising it from other people, that we’re now What we’ve seen is unemployment has somebody else should have an opportunity to gone up. In fact, last month, we saw the larg- do it. going to disclose that. So what we believe is you should have est Increase . . . VAN HOLLEN: Because the fact of the total transparency. People can make up (CROSSTALK) matter is they’ve been idle for all these their mind. But when we tried to do that VAN HOLLEN: But we proposed unemploy- many years. So the point is there’s lots of under the Republican-controlled Congress, ment insurance compensation. John Boehner acreage out there already under lease . . . when we tried to get that transparency, they and the Republicans opposed that. When peo- (CROSSTALK) said no. So we’ve seen a dramatic change al- ple are struggling with their mortgages, they BLITZER: Here is Congressman Roy Blunt, were there to bail out Bear Stearns, but the the number two Republican in the House, ready. BLITZER: But just to clear, unlike the fact of the matter is they voted against a speaking out on this issue this week. DNC or the Obama campaign, you’ll still housing stabilization plan. (BEGIN VIDEO CLIP) So I think people see this disconnect be- REP. ROY BLUNT, R–MO: Who’s to blame take that PAC money, that lobbying money? VAN HOLLEN: The DCCC is a multi- tween the Democrats, who are trying to con- are policies that wouldn’t allow us to use our candidate committee, unlike the presidential nect with middle-class families, and Repub- own resources. Every other country in the campaign committee where one person gets licans, who are always looking out for the world looks at their natural resources and to make a decision. very folks at the top and the oil and gas in- sees them as an economic asset. Democrats BLITZER: Listen to John McCain rail dustry. in Washington look at our natural resources against Senator Obama on the issue of taxes. BLITZER: Congressman Van Hollen, and see them as an environmental hazard. Because he says that, if Obama is elected thanks for coming in. That’s a mistake. president, taxes won’t only go up for the VAN HOLLEN: Thanks for having me. (END VIDEO CLIP) wealthy, but they’ll go up for the middle BLITZER: Happy Fathers Day. BLITZER: All right. What do you say? class as well. Listen to this. VAN HOLLEN: Thank you. VAN HOLLEN: Facts are stubborn things. (BEGIN VIDEO CLIP) MCCAIN: When Sen- Sixty-eight million acres of federal lands, BLITZER: I appreciate it very much. ator Obama talks about raising income tax Mr. GRASSLEY. Mr. President, I currently leased to the oil and gas industry, rates on those making over $250,000, that in- sitting idle. We’re going to say to them, cludes these businesses as well. He also pro- yield the floor. ‘‘Use it or lose it. Get pumping.’’ poses increases in dividends and capital The PRESIDING OFFICER. The Sen- The issue isn’t whether or not we should gains taxes. Under Senator Obama’s tax ator from Washington. use our natural resources. The issue is explan, Americans of every background would actly where. And what you’re saying is, when see their taxes rise. f you’ve got 68 million acres of federal lands (END VIDEO CLIP) already leased, you should use that before BLITZER: That’s going to scare a lot of CFTC you start looking elsewhere. voters out there. BLITZER: They say they can drill in Alas- Ms. CANTWELL. Mr. President, I VAN HOLLEN: But it’s flat-out untrue. rise for a few minutes this evening to ka in an environmental safe way. You just And people need to go and look at what heard Congressman Boehner say that. Barack Obama is proposing. What he has talk about a couple events from today. VAN HOLLEN: As John McCain said, there proposed is a middle-class tax cut. People in First of all, the price of oil today hit are already areas where they can drill. We the middle income category will get a tax over $140 a barrel—another, I think, shouldn’t be drilling there. cut. If you’re over $250,000 a year, you may tragic milestone as it relates to the im- And let me point out that the Department see your Bush tax breaks rolled back some. pact on our economy and the chal- of Energy, our own department of Energy, So this is an issue where people have got to has said, if you drill in Alaska, first of all, lenges we face as oil prices continue to look at the facts. Because the Democrats go higher and higher and higher. you won’t see any results at the pump for 10 have been pushing for AMT reform. We want years. And after 20 years, you might see a re- to get rid of the alternative minimum tax. I also note for my colleagues that the duction of two cents per gallon. We want middle-class tax relief. House took very aggressive action This is not a way to solve our energy prob- The Republicans, on the other hand, have today in basically ordering the Com- lem. The problem is the oil—the Republican focused on providing tax breaks to people at modity Futures Trading Commission, Party has been very tight with the oil and the very, very top. on an overwhelming 402–19 vote, to gas industry for many years. And all they’re (CROSSTALK) take action to utilize its authority, in- proposing is more of the same, more sub- BLITZER: A lot of middle-class families sidies for the oil and gas industry. I think have investments where they get capital cluding its emergency powers, which is it’s important to point out that, since gains, where they get, you know, dividends. critical for the CFTC to do if it wants George Bush was elected president, the oil And he says, under Obama’s proposals, they to have proper oversight of these oil fu- and gas industry has contributed over $94 would be paying more tax. tures markets.

VerDate Aug 31 2005 06:36 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.034 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6219 Now, I know this is something we do. The Senate should pass this Medi- for-service plans to form provider net- have been pushing here in the Senate, care bill because time is running out. I works. All other plans must, all other saying there are loopholes we still need understand the House is going to ad- Medicare Advantage plans must, and so to close. Many of my colleagues joined journ today. I think they have cast should private fee-for-service plans. It in a letter last month—22 of us—to the their last vote. If we don’t act soon, would also make sure there are doctors CFTC telling them to use their author- the law cuts payments to doctors by 10 behind those plans. It is not the case in ity and to act aggressively. They came percent on July 1. We have to stop that current law, but that change is made in back with a half step saying they were cut. That cut threatens access to care this bill. This bill does not—I must going to start collecting new informa- for America’s seniors. Already, some say—does not include deep cuts to tion from the British regulators that providers are declining Medicare pa- Medicare Advantage payments. It also oversee some of our oil markets in the tients. That trend will accelerate—be- does not cut private fee-for-service U.S. lieve me, I have talked to a lot of doc- plan payments at all. It just has this We told the CFTC that was not good tors—that trend will accelerate if we provision which I think is a major re- enough. We told them to use their ex- don’t act. We must pass this bill to- form. isting authority to start collecting in- night. The Senate should pass this I would go further on Medicare Ad- formation directly from the Inter- Medicare bill because it is the only vantage, but I must say to my col- continentalExchange Futures Europe, way to avoid the cut. There is no other leagues that this is not the time and a dark market that is subject to Brit- option. There is no alternative. There this is not the legislation to do that. ish oversight but operates in the is no short-term solution. This is the This is the time to avert the pending United States under a CFTC staff no- only train in the station. This is it. cut in payments to doctors. That pay- action policy. The House-passed bill is very similar ment cut would devastate access to I think those pleas by us have basi- to S. 3101. That is the Baucus-Snowe care for America’s seniors. We cannot cally gone ignored or at least half steps bill the Senate considered 2 weeks ago, let that happen. We cannot let those have been taken by the CFTC. So I was but the House made three noteworthy cuts go through, which would dev- very pleased today that H.R. 6377 changes to that bill. astate care for America’s seniors. passed the House of Representatives 402 First, the House-passed bill includes So what else will this bill do? For to 19. So there has been an outstanding legislation to delay the Competitive Medicare beneficiaries, this Medicare margin of bipartisan support in the Acquisition Program for durable med- bill would expand access for preventive House of Representatives to pass a bill ical equipment. Congressmen PETE services. We have all talked about that, that requires the CFTC to use its exist- STARK and DAVID CAMP introduced leg- and this bill does it. It would eliminate ing authority, including emergency au- islation to do that in the House, and the discriminatory copayment require- thority. This bill does not say the Senator GRASSLEY and I, along with 24 ments for seniors with mental ill- CFTC ‘‘may’’ utilize its authorities; it other Senators, introduced that legis- nesses. We have talked about that. We says they ‘‘shall.’’ So it is very direct. lation here in the Senate. should not have discriminatory copay- I support competitive bidding as a It says those broad emergency authori- ment requirements for seniors with way to decrease costs, but Congress ties that include investigating exces- mental illness. And it provides addi- needs to ensure that these savings are sive speculation, reducing position lim- tional needed care for low-income sen- not achieved at the expense of bene- its—basically overall stricter position iors. ficiary access to the care they need in limits—and including limiting or sus- The Medicare bill would take impor- their own communities. We need to tant steps to shore up our health care pending trading. These are things the take a closer look at competitive bid- CFTC has the power to do in its emer- system in rural areas. It includes pro- ding before it moves forward. The pas- visions from the Craig Thomas Rural gency authorities to make sure exces- sage of this Medicare bill will allow Hospital and Provider Equity Act. We sive speculation and manipulation are that. included that in this bill. not occurring in the markets. The House-passed bill also does not The bill includes important relief for So I want to say I think this is a very include cuts in funding for oxygen sup- ambulance providers, community bold step the House of Representatives plies and equipment, and it does not in- health centers, and primary care physi- has done. They did this very quickly clude cuts in funding for power wheel- cians. They need some additional help. today, and in a very aggressive, bipar- chairs. Those who support these re- Primary care doctors represent the tisan fashion. forms make a good case, but ulti- backbone of our health care system. I hope the Senate would take the mately the cuts could not be included same aggressive measure as soon as as part of this must-pass legislation. This legislation, the House-passed bill possible, and in the same overwhelming This bill is a balanced package. It is and the Senate bill, does make those majority, to show we are serious about a true compromise. It does not go near- provisions. reining in excessive speculation and ly as far as many House Democrats This Medicare bill would make im- potential manipulation in the oil mar- wanted it to go, and it goes about as portant improvements in pharmacy kets. far as some of my Republican col- payments. It would make payments I thank the Presiding Officer and leagues in the Senate can go. under the Part D drug benefit fairer yield the floor. When the House passed its children’s and more timely, especially to those The PRESIDING OFFICER. The Sen- health bill last year, the House made who dispense drugs to our Nation’s senator from Montana. major changes to the Medicare Advan- ior citizens. f tage Program. Last year’s House CHIP This bill would save valuable Medi- care dollars by providing a single bun- MEDICARE IMPROVEMENTS bill would have significantly restricted the program, but this House Medicare dled payment for all the services re- Mr. BAUCUS. Mr. President, on bill does not do that. lated to treating end-stage renal dis- Tuesday, the House passed the Medi- This bill includes a reduction in the ease. That is a reform. And for the first care Improvements for Patients and double payment for medical education time, dialysis facilities would receive a Providers Act, and I urge the Senate to costs to private plans in Medicare, and permanent, market-based update to take up and pass this bill tonight. this bill would protect seniors from un- their payments each year, something The House passed the bill with an scrupulous marketing practices by pri- they have been asking for and deserve. overwhelming vote, 355 to 59. That is a vate health plans. That has to be cor- This would make sure Medicare pay- 6-to-1 ratio. Even among Republican rected and it is in this bill. Both of ments keep up with their costs. Members of the House, more than twice those changes were also included in a I wrote the legislation on which this as many Republicans voted for the bill bill crafted by Senate Republicans. I Medicare bill was based to make sure as against it. think they are wise, and they are wise the seniors in my home State of Mon- The Senate should take up and pass to follow up with a similar vote later tana and everywhere in our country this Medicare bill not just because the on tonight. can get quality, affordable health care. House passed it with 355 votes, but, This bill would do more. It would This Medicare bill would do right by rather, because it is the right thing to also require the so-called private fee- low-income and rural seniors.

VerDate Aug 31 2005 04:53 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.095 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6220 CONGRESSIONAL RECORD — SENATE June 26, 2008 This bill would expand emergency Then we have this unbelievably bad There is a way Congress could act to health care for veterans in rural areas. way of doing business. I don’t know help bring down prices at the pump on We all talk about helping our veterans anybody else who could get away a temporary basis, and it involves ex- who are coming home. This helps do with—other than the Congress—pass- ploring for and producing more Amer- that, particularly in rural areas where ing temporary patches on the reim- ican energy. That is important from a the networks are not there. It needed bursements that are paid to physicians. number of perspectives. special attention. It is there in the They last for a year, they last for 6 First of all, it is important from a urban areas on the margin but even months, such as this last one that leads national security perspective because less in rural areas. It would increase us up to the edge of a cliff here on July right now we depend on 60 percent of payments for doctors who work in 1, and then we are told by the distin- our energy needs, our oil and gas needs, rural areas. It would stop payment cuts guished chairman of the Finance Com- from foreign sources. What would hap- to providers, and it would give them a mittee that we have to take it or leave pen if something were to occur that decent increase in reimbursement. All it or the cuts will occur. Well, frankly, were to blockade the tankers that of this would ensure that seniors will no one believes the cuts will actually would prevent that oil from being be able to keep seeing the doctors they occur because Congress will act. transported? Well, it would mean in need to see. I suggest that rather than this ter- Iraq and Afghanistan that the Depart- I have worked for months to write a rible way of doing business that nobody ment of Defense vehicles owned by the strong Medicare bill that could pass else could ever get by with and rather Army, Marines, and others wouldn’t both Chambers with wide support. than frightening the Medicare bene- have the petroleum products they need Tuesday’s overwhelming House vote ficiaries who need access to the doctors in order to function. It would exact a makes clear that this bill can be that who are paid using this Medicare reim- crippling blow against our economy. So bipartisan vehicle. In a sense, it is bursement formula, we ought to scrap why in the world would we continue to being taken up just in time, just before the entire method of reimbursing doc- allow 60 percent of our dependency for July 1. The House will not take up an- tors for Medicare and start over again, oil to come from foreign sources when other vehicle. This is it. The House has recognizing that we are not going to we have here in America enough oil gone home for its Fourth of July re- allow these Draconian cuts to occur, under our own Outer Continental Shelf, cess. There is not time left to craft a this 10-percent-plus cut that goes into in the oil shale in the West, and in the viable alternative. Even if there were, effect July 1 and the 20-percent-plus Arctic that could produce as much as 3 the House cannot pass it in time. The cut that will occur 18 months from million additional barrels of oil a day? clock is ticking. This Medicare bill can now. I think we ought to acknowledge That is more than 10 percent of our be a slam dunk at the buzzer for 44 mil- that we are not going to let those cuts current use here in the United States. lion American seniors who depend on go into effect and scrap the sustainable As a matter of fact, it is a substantial Medicare. Let’s do what is right. Let’s growth rate formula by which those amount—more than 10 percent, closer ensure that seniors have access to doc- Medicare reimbursements are cal- tors. Let’s avert the impending pay- to 12 percent of what we use right here culated because it is just not honest. It ment cut to doctors, and let’s pass this in the United States. is not honest. It is scaring not only the We know the money we are paying— bipartisan Medicare bill. Mr. President, I yield the floor. Medicare beneficiaries, it is impairing $135 a barrel—is enriching people such The PRESIDING OFFICER. The Sen- access to health care for those to whom as Hugo Chavez of Venezuela, and he is ator from Texas is recognized. we promised the Medicare Program using that money to buy weapons from Mr. CORNYN. Mr. President, I have would actually work. Russia and to arm himself as he con- been talking to the physicians in my So I don’t know what is going to hap- tinues to take in and protect the State who take Medicare patients, and pen on this vote on cloture. I suspect FARC, a narcoterrorist organization, frankly, this is a terrible way for Con- cloture may not be invoked. My hope is to the detriment of our friends in Co- gress to do business. We see a 6-month that there would be a bipartisan way to lombia and stability in South America. patch on the physician reimbursement find our way forward. I believe it al- But it is absolutely crazy for this formula that will expire July 1, and un- ready exists in the form of a negotia- Congress to have in place, as it does— fortunately we are looking at what tion that Senator GRASSLEY and Sen- and it has since 1981 or 1982—a morato- amounts to a partisan proposal here ator BAUCUS have undertaken here in rium or ban on developing more of our that we are basically being told to take the Senate and that we shouldn’t use own natural resources and becoming or leave. this kind of brinkmanship to scare not more self-reliant rather than more de- As all of our colleagues know, the only the Medicare beneficiaries—the pendent on foreign sources of oil. It is ranking member on the Finance Com- seniors who depend on this health up to Congress to get out of the way mittee, Senator GRASSLEY, got to- care—but also the physicians who are and to allow America to become more gether with Senator BAUCUS after clo- reimbursed under this formula. energy self-sufficient. We can do it, and ture was denied previously and pretty f only Congress can get that done. It is well had things worked out in a bipar- completely inexcusable when gasoline GASOLINE PRICES tisan way until the House passed their is at $4 a gallon on average to do that, version, and then, of course, those ne- Mr. CORNYN. I wish to talk just a to be the impediment, to be the block- gotiations broke down, leading us to minute about gasoline prices. I don’t ade, to be the cause of so much pain at this cloture vote we are going to have know of any subject I hear more about the pump and so much sacrifice and here in just a few minutes. But I have and more concern about from my con- hardship among hard-working Amer- to say that in 1996 when Congress stituents in Texas than high gasoline ican families. passed the Balanced Budget Act and prices, whether it is parents driving We understand it is more than just a contemplated these Draconian cuts in their children to school or their after- matter of producing oil, but that is a the physician reimbursement pay- school activities or truckers who have first and necessary step because we ments, Congress should have known to buy diesel, which is breaking the know when it comes to transportation and should have told the truth that it bank and which they are finding it fuel, we depend upon petroleum prod- never intended that any of those cuts harder and harder to pay for, or wheth- ucts right now to get that job done. would ever take place—and for good er it is the airlines—Continental Air- But we also know we need to be more reason they should never take place, lines and American Airlines and South- fuel efficient and we need to conserve. because even under the current Medi- west Airlines, all three of which are lo- Indeed, that is one area where Congress care reimbursement rates, doctors—for cated in the State of Texas. The price has acted by passing corporate fuel ef- example, in Travis County where Aus- of aviation fuel made from petroleum ficiency standards for our cars. But we tin, TX, is located, only about 18 per- products is making it almost impos- know that is a long-term effort because cent of the physicians in that county sible for them to do business under the average age of a car in America—of will actually take new Medicare pa- their current model, and prices are the 250 million cars in America—is tients because the reimbursement rates going up. It is becoming harder and about 9 years. So let’s assume that, in are already so low. harder for consumers to deal with. 2010, everybody started buying a new

VerDate Aug 31 2005 04:53 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.098 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6221 car. It would take a long time, an aver- control prices so hard-working Amer- ity to pass them all, if it were not for age of 9 years, before that entire fleet ican families will not be spending all the divisive question of offsetting the of cars would be replaced with these the money they may have, which they revenue loss. new more fuel-efficient cars. So that is would like to spend on other things, or The list includes some important a long-term solution but a necessary which they need to spend on other items for individuals and businesses in and important one for us to take. things but cannot because of the in- every State. For families, there is the We also need to make sure we use creases in the high price of gasoline election to deduct State and local sales good old-fashioned American ingenuity and oil, and they have to spend on taxes, the deduction for higher edu- and technology to help us as we transi- those. cation expenses, and the deduction for tion from this petroleum dependence In conclusion—and I see the Senator the out-of-pocket expenses of school we have now. It is not going to happen from Utah, my friend, Mr. HATCH, who teachers. overnight. But for our friends who say wishes to speak—if we will not do this For businesses, expired or expiring that if we started pumping oil out of when gasoline is $4 a gallon, will we do provisions include those allowing fast- ANWR or the Outer Continental Shelf this when gasoline is $5 a gallon? If we er depreciation write-offs for retail or from the oil shale in the West today, will not do it when oil is $135 a barrel, stores, restaurants, and other invest- it would be years before that oil would will we do it when oil is $150 a barrel, ment properties, a variety of important get online. Unfortunately, that is or even higher? incentives that address our energy cri- where we put ourselves, as a result of The solution is not to sue OPEC to sis, and the vital research credit, which the irrational moratoria on the devel- get them to open the spigot even wider I have championed here for many opment of American natural resources. to increase our dependency on foreign years. It is going to take some time to transi- oil. The solution is not to raise taxes, The expiration of the energy provi- tion into greater energy independence. which we know will reduce American sions and the research credit are par- But for those of us who are concerned production, while allowing foreign oil ticularly troubling, for they signal the about the environment, we know we sources, such as Saudi Arabia, Ven- loss of economic growth and jobs at the are going to have to continue to look ezuela, and Iran, to continue to operate worst possible time. As with many of for cleaner ways to drive and to fly and without those taxes. The solution is my colleagues and their constituents, I in terms of our energy needs. That is not to increase taxes and costs on the have Utahns telling me that important why it is so important that we use good consumer, who is already paying too research and energy-related projects old-fashioned American ingenuity and much. We have it within our power to are going to be cancelled if these provi- technology to help us find a way—de- do something that will actually help sions are not quickly extended. velopment of things such as plug-in hy- the American people when it comes to Well, here we have a group of tax pro- brid cars that can be plugged in and the thing that most of them care a lot visions that enjoys wide bipartisan would charge a battery that could about today and that is the high price support, and an economy that really drive 40 miles or so before it would of gasoline. needs to have access to these provi- need to be recharged. That would help Congress is the problem. It is high sions at a time of slowdown and job a lot of people who would only need time our friends on the other side of loss. Many of my constituents do not such a vehicle, with a plug-in, to avoid the aisle, who control the agenda be- get it. They are asking, why can’t Con- petroleum products altogether. Then cause they are in the majority, work gress just get it done? What is the we would need to worry about the elec- with us to bring realistic solutions to problem? tricity, which is another story alto- this problem. We can do it but not if The problem is, as we all recognize, gether. people play partisan games and refuse that my colleagues on the other side There are some who have said that to cooperate on something that causes insist on attaching to the bill tax-rais- abusive speculation in the commodities a lot of hardship to the average Amer- ing measures in order to offset the rev- futures markets is the cause of the ican family. enue loss of the expiring provisions. problem. That is something we need to The PRESIDING OFFICER. The Sen- And most Senators on my side of the look at very closely. As a matter of ator from Utah is recognized. aisle believe that tax increases are un- fact, today, a number of us—43 Sen- f necessary and, in fact, ill-advised and ators—have introduced legislation that harmful to our economy, both today we believe will create greater trans- TAX EXTENDERS and in the future. Unfortunately, we parency and will finance more ‘‘cops on Mr. HATCH. Mr. President, I rise to appear to have reached an impasse on the beat,’’ so to speak, when it comes discuss a very important issue. First, I this point. to the commodity futures market, to compliment the Senator from Texas. I Contrary to what some proponents of make sure that doesn’t contribute to agree with virtually everything he offsets are saying about Republican the reason for prices going through the said. There are so many things we need motives in this matter, our stance is roof. to do around here, and we are not doing not about trying to protect a few So we need to produce more energy them. wealthy hedge fund managers who are right here at home so we don’t have to I will discuss an issue that each day parking billions of dollars offshore in depend so much on those who wish us becomes more troubling to me and also deferred compensation. Rather, we be- harm or those who would use the to many businesses and individuals in lieve that this debate is about Amer- money from oil to buy weapons to kill my home State of Utah—and I am sure ica’s future prosperity. us or our troops in Iraq or Afghanistan yours as well—the fact that this Con- Democrats are saying that in order or elsewhere—or in the case of Iran, gress has not yet acted to extend the to be fiscally responsible, taxes need to which we know is supplying troops and tax provisions that expired at the end go up to pay for the loss in revenue training to special forces in Iraq and of last year and those that are set to from keeping these tax provisions in Afghanistan and has threatened and, in expire at the end of 2008. This failure to place. Their so-called ‘‘pay-as-you-go’’ some cases, is responsible for killing act is rapidly reaching a state of crisis or ‘‘pay-go,’’ rules call for all revenue troops. We find ourselves dependent, in in some industries, and our continuing losses to be matched with revenue in- part, on countries such as Iran for the inability to take care of this basic creases, or spending decreases, from very oil we use to refine into gasoline problem only reinforces the public’s somewhere else. Forget spending de- to drive our cars. Does that make sense low opinion of this institution. creases; it just means tax increases. to anybody? It doesn’t make any sense I believe that every member of this In theory, this sounds pretty good, to me. Senate recognizes the importance of and quite responsible. I am a strong be- I think what we need to do is produce the expired and expiring tax provisions. liever in being fiscally responsible, and more and use less oil as we transition While there may be some items on the I am as loathe to pass on our huge na- into a cleaner, more independent en- growing list of extenders that do not tional debt to our children as anyone ergy economy. It would be better for enjoy universal support, there are in the history of the Congress. our national security, better for our clearly plenty of votes to easily pro- The problem is that to most Demo- economy, and it will actually help us vide a majority or even a super-major- crats, the word PAYGO is nothing

VerDate Aug 31 2005 04:53 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.100 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6222 CONGRESSIONAL RECORD — SENATE June 26, 2008 more than a synonym for more taxes. creases in order to keep the deficit MEDICARE IMPROVEMENTS We seldom, if ever, see the idea of re- from increasing. Time and again, how- Mr. HATCH. I wish to say a few ducing spending brought up by the ever, the Democrats themselves admit words about why I oppose the cloture other side as a way of offsetting the that the pay-go rules are not practical. motion on the motion to proceed on loss of revenue from extending these We all know that. H.R. 6331, the Medicare Improvements important tax provisions. For example, it was not deemed nec- for Patients and Providers Act. As I In fact, there is a major flaw in the essary to offset the revenue loss of the said last week when we were consid- Democrats’ pay-go requirement that economic stimulus package we passed ering the cloture motion on the Baucus you never hear them mention. Pay-go early this year. We did not offset the Medicare bill, my goal is to have bipar- applies only to the revenue loss from package of tax benefits for military tisan legislation signed into law by the extending the tax cuts, but not to the personnel that was recently enacted. President on July 1. Let me be clear, I And there has been a long internal de- revenue loss from extending spending wish to continue to work with my col- bate on the other side about whether programs that expire. You might never leagues on the other side of the aisle in unemployment benefits need to be off- know it from listening to the debate order to get this done. We were so close set. It appears to me that the Demo- around here, but it is not just tax pro- to an agreement in the Senate earlier cratic pay-go requirement is more a visions that expire. Extending both tax in the week, but after the House voted slogan of convenience than a bedrock benefits and spending programs costs on Tuesday, those discussions basically Federal revenue. Why should not both principle. Many in the business community are stopped, although we can put this to- be offset? gether in 10 minutes if we work in a bi- However, the budget rules assume frustrated by our lack of action in extending the expired tax provisions. I partisan way. that the expiring spending provisions To be honest, the House Medicare understand and share this frustration are automatically renewed as a matter bill, H.R. 6331, contains many provi- of course, with absolutely no require- with them. I have fought for years to improve, extend, and expand many of sions that both sides strongly support. ment that the lost revenue be offset. These provisions include restoring This mismatch in budget policy pro- these provisions, such as the research credit. Medicare reimbursement rates for phy- duces a huge bias toward bigger Gov- sicians so their Medicare payments are ernment and more taxes—something However, I believe those in the business community who are encouraging not reduced by 10.6 percent on July 1. my colleagues on the other side just Let me be clear, no one wants to cut love. us to simply go along with the flawed bill the House of Representatives has Medicare reimbursements for doctors. Some may well ask, why shouldn’t We want Medicare beneficiaries to con- we pay for the lost revenue from ex- sent us are being very shortsighted. Many in the business lobbies have tinue to have access to high-quality tending the expired and expiring tax health care and the ability to see their provisions? looked at the offsets in that bill and have said that since they do not affect own doctors. My answer to Utahns who ask me There is not just one Medicare bill. this question comes in three parts: them very much, that we should go ahead and approve them. The Baucus Medicare bill; the Grassley First, it is wrong to raise taxes on Medicare bill, which I cosponsored; and one group of taxpayers in order to pre- If we go along with these offsets to extend the expired provisions until the H.R. 6331 all include provisions to re- vent another group of taxpayers from end of this year, what are we going to store physician payments. All three suffering an increase in taxes. Demo- use to pay for next year’s extension? bills include provisions on e-pre- crats and Republicans alike have re- Sure, the business community might scribing. Mandatory e-prescribing will soundingly agreed with this principle be fine with these offsets now, but how significantly reduce medical errors, in connection with the alternative long until we get to the offsets that thus protecting beneficiaries. minimum tax. Both parties in both really hit them hard? All of us, includ- Another issue that has overwhelming Houses last year overwhelmingly ing the business community, need to support is the delay of the competitive passed the so-called ‘‘AMT patch’’ take a longer view of this and examine bidding program. I was a member of without offsets, and it is widely ex- the principles involved. the House-Senate conference com- pected that we will do the same thing We cannot drive our economy into mittee on the Medicare Modernization again this year. the ground in the name of false fiscal Act of 2003. Even back then, Senator Second, it is wrong to offset tem- responsibility. Tax increases are not GRASSLEY and I expressed grave con- porary extensions of current law with the prescription to what ails our econ- cerns about the inclusion of the Medi- permanent tax increases. The fact that omy, particularly during this downturn care competitive bidding program. I this has been done year after year does and especially when revenue is already worried about the impact it would have not make this practice a sound one. In higher than the historical average. on small durable medical equipment fact, using permanent tax increases to Yes, we should pass the extenders, but companies, particularly those in rural offset temporary extensions simply let us not sacrifice jobs on the altar of areas. I am still concerned because means that, in the long run, the ex- a flawed pay-go requirement in the there are many unanswered questions tenders have been paid for again and process. about the bidding process and how the again. The cost of living for Americans is winning bids were selected. If we do not Finally, why should we increase becoming unbearable. In my home come to an agreement by July 1, this taxes when we are already collecting State of Utah, the average price of gas program will go into effect. more taxes as a percentage of gross do- is $4.07, construction of new homes has A related issue that is included in all mestic product than the historical av- ceased, and unemployment is on the three Medicare bills is the elimination erage? Despite the large tax cuts rise. We should be spending less and of the clinical lab competitive bidding passed by Congress and signed by the lowering taxes, not holding back tax program. There was broad support to President in the early part of this dec- incentives that are vital to economic repeal the clinical lab competitive bid- ade, the amount of tax collected as growth and job creation while raising ding program as well. compared to the size of the economy taxes. There are rural provisions included just keeps increasing; yet, the majority If my colleagues on the other side in all three bills that are very impor- insists on expanding the Government’s want to be fiscally responsible, then I tant to my home State of Utah, which pocketbook even further. At a time am all for it. Let us work together to has many rural areas. when gas prices have increased by 10 identify enough spending cuts to offset These provisions improve payments cents over the past two weeks to a na- the cost of extenders. But if we cannot for sole community hospitals, critical tional average of $4.07 and home fore- do that, let us not hold these impor- access hospitals, and increase ambu- closures are on the rise, I believe we tant tax provisions hostage to a false lance reimbursement rates in both need to put money back in the tax- sense of fiscal responsibility. rural and urban areas. payer’s pockets, not take more out. I notice the distinguished majority All three bills include a policy to cre- According to the other side, the pay- whip is here, so I will try to finish as ate a bundle payment system for end- go rules require us to provide tax in- quickly as I can. stage renal disease, or ESRD, services

VerDate Aug 31 2005 04:53 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.042 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6223 provided to kidney dialysis patients. choices for beneficiaries living in rural waived; that if cloture is invoked on They also provide positive composite areas. the motion to proceed, then all rate updates for 2 years until the bun- It could also cause certain retirees to postcloture time be yielded back, the dled payment system is created. lose their health care coverage because motion to proceed be agreed to, and the All three bills include Medicare reim- employer health plans that provide Senate proceed to the consideration of bursement for six kidney disease edu- coverage in all 50 States will cease to the bill; that the bill be read a third cation sessions. exist because they cannot establish time, passed, and the motion to recon- All versions of the Medicare legisla- networks. sider be laid upon the table, without tion also include an expansion of tele- My friends who support this bill will further intervening action or debate; health services to skilled nursing fa- argue they are not cutting the Medi- that if cloture is not invoked, then the cilities, hospital-based renal dialysis, care Advantage Program by elimi- motion to proceed be withdrawn and and mental health centers. nating deeming. They also will try to the bill returned to the calendar; that So as one can see, we agree on most say that the elimination of deeming upon the disposition of H.R. 6331, the all the issues. Unfortunately, there is will not have an impact on health care Senate then consider the message from one issue where we do not agree, and it choices offered to beneficiaries living the House with respect to H.R. 2642, the is standing in the way of getting this in rural areas. Supplemental Appropriations Act; that legislation signed into law. I have already been told by one em- by virtue of this consent being agreed H.R. 6331, the House Medicare bill, ployer in Utah that this provision will to, the motion to concur in the House and the Baucus Medicare bill, include force them to stop offering health care amendments to the Senate amendment provisions that would reform the Medi- coverage to almost 12,000 retirees— to the House amendment to the Senate care Advantage Program in a way that 12,000 retirees. I am worried it could amendment to the bill be considered is unacceptable to both the White hurt coverage for beneficiaries in rural made; that Senator COBURN be recog- House and many of us who support the areas as well. Quite honestly, we do not nized to raise a point of order and that Medicare Advantage Program and I be- know the full impact of this specific there be 15 minutes of debate, with 5 lieve 90 percent of the people who do policy. minutes each for COBURN and the ma- support that program. Therefore, I simply cannot support a jority leader and the Republican lead- In 2003, I sat through hours of nego- provision that eliminates deeming for er, or their designees; that upon the tiations with administration officials, private fee-for-service plans, and that use of that time, a motion to waive the House Members, and Senate colleagues is one of the reasons I am going to vote Budget Act be considered made and the for days, weeks, and months, including against cloture. Senate then vote on the motion to Finance Committee Chairman BAUCUS, We must vote against cloture in waive; that if the waiver is successful, to create the Medicare Advantage Pro- order to ensure we can begin work on a the Senate proceed to vote on the mo- gram to the Medicare Modernization bipartisan bill that will be signed by tion to concur; that upon disposition of Act of 2003. Let me remind my col- the President. We do not need to be the motion to concur, the motion to re- leagues, before 2003, the Medicare Ad- wasting our time going back and forth consider be laid upon the table, en bloc, vantage Program, then known as on bills that do not have a chance of with no further motions in order; pro- Medicare+Choice, was not working becoming law. vided further, that if the motion to very well, especially in rural parts of Trust me, this bill will not be signed waive fails, then this agreement be null our country because the Medicare pay- into law because, while the take-it-or- and void. ments were too low. The leave-it attitude may work over in the The PRESIDING OFFICER. Is there Medicare+Choice plans serving Utah House, it does not work in the Senate. objection? simply left because they were in the I urge my colleagues to vote against Mr. MCCONNELL. Mr. President, re- red. They were not making money and, cloture so we may begin work on a bi- serving the right to object. as a result, Utah Medicare bene- partisan bill that will continue to pro- The PRESIDING OFFICER. The Re- ficiaries could only be covered by tra- tect choice of coverage for all bene- publican leader. ditional Medicare. ficiaries—and I think that work would Mr. MCCONNELL. I, obviously, am Through the MMA, we finally figured take all of 10 minutes—including those not going to. I ask my good friend, the out how to provide choice to Medicare living in urban and rural areas and majority leader, if he thinks we need 60 beneficiaries in both rural and urban those who are covered through an em- minutes of debate. Is there some areas. Medicare beneficiaries in Utah ployer retirement plan. chance time will be yielded back? now have a choice in Medicare cov- This motion must be defeated so we Mr. REID. We would be happy to erage they did not have before the can prove to Medicare beneficiaries, limit that—the supplemental appro- MMA was implemented. Medicare providers, and our House col- priations bill we are talking about? The biggest difference between the leagues that bipartisanship is alive and Mr. MCCONNELL. No. bill before us today and the Grassley well in the Senate and that we are will- Mr. REID. On Medicare. I say to my Medicare bill is the House Medicare ing to keep working on this bill until friend, I think Senator HATCH wants to bill, if signed into law, will no longer we get it right. finish his statement, Senator DURBIN is allow private fee-for-service plans to The PRESIDING OFFICER (Mr. here. I think we should do the 60 min- deem. You are probably asking: What SANDERS). The majority leader. utes. on Earth is deeming? It is quite simple. f The PRESIDING OFFICER. The ma- Deeming allows beneficiaries who jority leader. UNANIMOUS-CONSENT AGREE- have opted for private fee-for-service Mr. REID. There was no objection to MENT—H.R. 6331 AND H.R. 2642 plans the ability to see any Medicare the request; is that right? provider because these plans do not Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without have to establish networks. imous consent, notwithstanding rule objection, it is so ordered. Private fee-for-service plans have XXII, and the pendency of a motion, f provide coverage options to Medicare that a motion to proceed to Calendar beneficiaries living in rural areas who No. 836, H.R. 6331, the Medicare Im- MEDICARE IMPROVEMENTS FOR previously did not have choice. In provements for Patients and Providers PATIENTS AND PROVIDERS other words, the ability to deem has Act, be considered made by virtue of ACT—MOTION TO PROCEED been especially important in rural this agreement and there be 60 minutes CLOTURE MOTION areas, where it is difficult for network- of debate on the motion, with the time Mr. REID. Mr. President, I send a based plans to persuade providers to equally divided and controlled between cloture motion to the desk. contract with them and for employer the leaders or their designees; that The PRESIDING OFFICER. The clo- groups that provide coverage for retir- upon the use or yielding back of time, ture motion having presented under ees living in areas across the country. the Senate proceed to vote on a motion rule XXII, the Chair directs the clerk The elimination of deeming could be to invoke cloture on the motion to pro- to read the motion. the elimination of health care coverage ceed, with the mandatory quorum The legislative clerk read as follows:

VerDate Aug 31 2005 06:36 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.101 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6224 CONGRESSIONAL RECORD — SENATE June 26, 2008 CLOTURE MOTION postcloture time be charged during this Harry Reid, Christopher J. Dodd, John D. We, the undersigned Senators, in accord- agreement. Rockefeller, IV, Debbie Stabenow, Jeff ance with the provisions of rule XXII of the The PRESIDING OFFICER. Without Bingaman, Ken Salazar, Joseph R. Standing Rules of the Senate, hereby move objection, it is so ordered. Biden, Jr., Max Baucus, Patty Murray, to bring to a close debate on the motion to Barbara A. Mikulski, Charles E. Schu- proceed to H.R. 6331, the Medicare Improve- f mer, Sheldon Whitehouse, Sherrod ments for Patients and Providers Act. FISA AMENDMENTS ACT OF 2008— Brown, Bill Nelson, John F. Kerry, Harry Reid, Max Baucus, Debbie MOTION TO PROCEED Robert P. Casey, Jr., Benjamin L. Stabenow, Jeff Bingaman, Patty Mur- Cardin, Frank R. Lautenberg. ray, John D. Rockefeller, IV, Thomas CLOTURE MOTION The PRESIDING OFFICER. By unan- R. Carper, Mark L. Pryor, John F. Mr. REID. Mr. President, I now send imous consent, the mandatory quorum Kerry, Dianne Feinstein, Richard Dur- a cloture motion to the desk. call has been waived. bin, Daniel K. Inouye, Bill Nelson, Ber- The PRESIDING OFFICER. The clo- Mr. REID. Mr. President, I ask unan- nard Sanders, Jon Tester, Jim Webb, ture motion having been presented imous consent that the cloture vote Frank R. Lautenberg. under rule XXII, the Chair directs the occur at 5 p.m., Monday, July 7, with f clerk to read the motion. the hour prior to the cloture vote UNANIMOUS CONSENT The assistant legislative clerk read equally divided and controlled between AGREEMENT—H.R. 6304 as follows: the chair and ranking member of the CLOTURE MOTION Banking Committee, and that no other Mr. REID. Mr. President, I ask unan- motions be in order. imous consent that on Tuesday, July 8, We, the undersigned Senators, in accordance with the provisions of rule XXII of the The PRESIDING OFFICER. Is there at a time to be determined by the ma- Standing Rules of the Senate, hereby move objection? jority leader, following consultation to bring to a close debate on H.R. 6304, the The Chairs hears none, and it is so with Senator MCCONNELL, all FISA Amendments Act of 2008. ordered. postcloture time be yielded back and E. Benjamin Nelson, John D. Rockefeller, Mr. REID. Mr. President, let me say the motion to proceed to Calendar No. IV, Thomas R. Carper, Mark L. Pryor, this. I had one Senator come to me 827, H.R. 6304, be agreed to, the motion Bill Nelson, Dianne Feinstein, Robert today and say: You know, why don’t we to reconsider be laid upon the table, P. Casey, Jr., Barbara A. Mikulski, spend more time here? We set out to and the Senate then proceed to the Claire McCaskill, Kent Conrad, Daniel accomplish certain things. We haven’t K. Inouye, Mary L. Landrieu, Joseph I. been able to accomplish everything we consideration of the bill; that once the Lieberman, Sheldon Whitehouse, Evan bill is reported, the only amendments Bayh, Ken Salazar. wanted, but I say to everyone here, the in order be the following: Dodd-Fein- procedures we just now went through Mr. REID. I suggest the absence of a gold-Leahy amendment to strike im- would take, if we followed every step of quorum. munity; a Specter amendment which is the procedure of this body, well into The PRESIDING OFFICER. The relevant; a Bingaman amendment re: late next week. So people should just clerk will call the roll. staying court cases against telecom be satisfied that we are going to be The assistant legislative clerk pro- companies; that no other amendments able to have whatever the action is on ceeded to call the roll. be in order; that debate time on the Medicare, whether it passes or doesn’t. Mr. REID. Mr. President, I ask unan- Bingaman amendment be limited to 60 At least we are going to have final ac- imous consent that the order for the minutes, equally divided and con- tion on that now, we are going to be quorum call be rescinded. trolled in the usual form, and 2 hours able to complete the supplemental, and The PRESIDING OFFICER. Without each with respect to the Dodd and we have a time set to complete FISA objection, it is so ordered. Specter amendments, equally divided early next week, with people having all and controlled, with 10 minutes of the f the opportunity they want to talk Dodd time under the control of Senator FORECLOSURE PREVENTION ACT about how great it is and how horrible that bill is. LEAHY; that upon the use or yielding OF 2008 We also have a pathway so that Sen- back of all time, the Senate proceed to Mr. REID. Mr. President, notwith- ators SHELBY and DODD can complete vote on the pending amendments; there standing rule XXII, I ask that the the housing bill. I think it is a good be 2 minutes of debate equally divided Chair lay before the Senate a message piece of work. Was it as smooth as I and controlled in the usual form prior from the House of Representatives with would like? No. As I said when I came to each vote; that after the first vote respect to H.R. 3221. here this morning, when I gave the ex- in the sequence, succeeding votes be The PRESIDING OFFICER. The ample of going out with my dad as a limited to 10 minutes each; that upon clerk will report the message with re- boy and gathering wood, and we would the disposition of all amendments, the spect to H.R. 3221. get stuck in those washes and those bill, as amended, if amended, be read a The legislative clerk read as follows: back tires would spin and spin, that ve- third time and the Senate then proceed A message from the House of Representa- hicle was going a thousand miles an to vote on a motion to invoke cloture tives to accompany H.R. 3221, to provide hour but going nowhere; it was stuck on the bill, with the mandatory needed housing reform and for other pur- in sand and nothing would happen, and quorum waived; that prior to the clo- poses. we would work and put stuff under the ture vote, there be 60 minutes plus the Mr. REID. Mr. President, I move that tires and push it, and it took a long time specified below for debate time, the Senate concur in the amendments time but we always got it unstuck. equally divided and controlled between of the House striking titles VI through Well, we would have gotten unstuck the two leaders or their designees, with XI to H.R. 3221, and I send a cloture here; it is just a question of when, and 10 minutes under the control of Sen- motion to the desk. the ‘‘when’’ is now. ator LEAHY, with an additional 30 min- CLOTURE MOTION So I say to the individual who asked utes under the control of Senator FEIN- The PRESIDING OFFICER. The clo- me about this, is this something that is GOLD, with an additional 15 minutes ture motion having been presented real pleasant to watch? Probably not. under the control of Senator DODD; fur- under rule XXII, the Chair directs the But for this country, the Senate has ther, that if cloture is invoked on H.R. clerk to read the cloture motion. been doing this for 230-some-odd years, 6304, then all postcloture time be yield- The legislative clerk read as follows: and that is how it works. We have ed back, and without further inter- heard a lot of times, as we watch the CLOTURE MOTION vening action or debate, the Senate legislative process in action, that it is proceed to vote on passage of the bill, We, the undersigned Senators, in accord- like watching the stuff they put into as amended, if amended; further, that ance with the provisions of rule XXII of the the hot dog: it is probably not too it be in order to file the cloture motion Standing Rules of the Senate, hereby move to bring to a close debate on the motion to pleasant to watch, but it tastes pretty on the bill at any time prior to the clo- concur in the amendments of the House, good when you chomp on it. That is ture vote, with the mandatory quorum striking title VI through XI, to the Senate what this legislation is all about. waived, notwithstanding rule XXII, if amendment to H.R. 3221, the Foreclosure I think we are going to have the abil- applicable, and that if applicable, Prevention Act. ity to work on issues important to the

VerDate Aug 31 2005 06:36 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.105 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6225 country. We know how important this MEDICARE IMPROVEMENTS FOR the reimbursement, the compensation, supplemental is to lots of people in this PATIENTS AND PROVIDERS ACT for doctors under Medicare by about 10 country. We know how important the OF 2008—MOTION TO PROCEED percent on July 1. I think that is a bad FISA legislation is. We know how im- The PRESIDING OFFICER. The mo- idea. These providers don’t get paid a portant the housing bill is. And, of tion to proceed to H.R. 6331 is consid- lot of money for treating Medicare pa- course, we know how important the ered to have been made under the pre- tients, and to cut their reimbursement may force many doctors to say: We just Medicare bill is. Will they all wind up vious order. can’t see as many Medicare patients or at a point where everyone in the Sen- The clerk will report. maybe none at all. So fewer doctors, if ate wants them? Probably not. But at The legislative clerk read as follows: least we have the opportunity to have this pay cut goes through, are likely to Motion to proceed to Calendar No. 836 treat Medicare patients. That is not a finality on all of these. (H.R. 6331) an act to amend titles XVIII and good outcome. It means that many of So I extend my appreciation to the XIX of the Social Security Act to extend expiring provisions under the Medicare Pro- the Medicare patients won’t be able to people on my side who have agreed to gram, to improve beneficiary access to pre- go to the doctors who have been treat- drop amendments and work toward a ventive and mental health services, to ening them for long periods of time and common goal. As Senator MCCONNELL hance low-income benefit programs, and to there will be real uncertainty about and I have said here on the floor on a maintain access to care in rural areas, in- their future. So we wanted to make number of occasions, these are difficult cluding pharmacy access, and for other pur- sure this pay cut did not go into effect times. The Senate is divided 51 to 49. poses. July 1. Although we are in the majority, it is The PRESIDING OFFICER. There The House of Representatives consid- a slim majority. And our will has been are now 60 minutes for debate on that ered this, and in an overwhelming bi- tested this past year and a half. As we motion. partisan vote they voted not to cut the remember very clearly, one of our Sen- The Senator from Illinois. pay for doctors treating Medicare par- ators got very ill before we were even Mr. DURBIN. Mr. President, when we ents. The vote was 355 to 59. That is a 6-to-1 margin in the House of Rep- able to swear in the Presiding Officer finally vote on the floor, it is on the resentatives—totally bipartisan. You and others of the nine Democratic Sen- Medicare Program. The Medicare Pro- would think a bill with that kind of ators and one Republican Senator. But gram is literally a life-and-death pro- vote would come over here without we worked our way through that. gram for 40 million Americans. For 40 million Americans who are either over much controversy. But, of course, We have worked our way through a the age of 65 or disabled, this is their those people don’t know how to meas- lot of difficult issues, and I say to my health insurance program. ure the Senate. friend the Republican leader, I know, It was created back in the 1960s. In the Senate, there have been those frankly, that I get upset at him some- When it was created by President Lyn- on the other side of the aisle, the Re- times, but I always try to do it in a don Baines Johnson, its critics said: publican side, who have found reason way that I hope brings dignity to this This is too big. This is too much gov- to object to this effort to make sure body. He has a job to do, I have a job ernment. This is socialized medicine, Medicare doctors get fair pay. It comes to do, and we will continue to do that. they said. And many voted against it, down to a lot of reasons they have I am happy we have been able to get to saying it was a mistake. Well, after 40 given, but as they say in politics—or as the point where we are today. or more years, we know it wasn’t a one old fellow I used to work for by the mistake. It may be one of the most name of Cecil Partee, a State senate Mr. MCCONNELL. Mr. President, let president in Illinois, used to say—for thoughtful and important programs en- me add briefly that we are on a glide- every vote, there is a good reason and acted since Social Security because it path to completion here of a number of a real reason. Well, they are using as a gave peace of mind to senior citizens. extremely important measures to our good reason here to vote against this They knew when they reached that mo- country, from the supplemental, which protection of Medicare doctors that, ment in life when they were likely to will fund the war in Iraq and Afghani- unfortunately, it might involve some be more vulnerable to illness and dis- stan, which also includes an important increase in taxes or changes in private ease, they would have health insur- new veterans benefit program; to the health insurance. The real reason? The ance. They could go to a hospital or Foreign Intelligence Surveillance Act, real reason is that this bill goes after— doctor and get basic care and not which has helped protect us against at- in a small way—private health insur- worry about whether they were tacks since 9/11; to an important Medi- ance companies that are selling Medi- wealthy enough to have health insur- care bill, which will be resolved in one care coverage, the so-called Medicare ance or enough savings to cover a med- way or another in the next few weeks; Advantage companies. ical catastrophe. So this program, to an important housing bill. In each of You see, there are many on the Re- which was derided and criticized for these instances, we will end up getting publican side who haven’t gotten over being too much government, has been the debate in the 1960s. They still think a bipartisan result at some point in the one of the great success stories of this very near future on very important Medicare is socialism. They still think country, and the seniors value it. this is too much government. They issues for the American people. So I Every one of them values it. think today has been very successful in want to privatize this. They believe we My brother, who retired from the pri- could rest easy every night if we were crafting a pathway—a glidepath, if you vate sector in his early sixties—a pret- will—to completion. I share the major- in the loving arms of a health insur- ty conservative fellow when it comes ance company. They obviously haven’t ity leader’s view that this was a day of right down to it, politically—turned had to pick up the phone and talk to considerable accomplishment on major out to have had some heart problems. some clerk in the middle of nowhere issues for the American people. And it turned out he also didn’t have who is denying your claim because of I yield the floor. any health insurance after he retired. something in the policy you didn’t He was really waiting and hoping he Mr. REID. Mr. President, if the Re- know existed—which has happened to could make it to the age of 65 before publican leader has completed his many people across America. No, on something else would happen because a statement, I would ask unanimous con- the Republican side, they are afraid few more trips to the hospital and a sent that the final 20 minutes—10 min- that any cutback in the profit taking few more surgeries might have really by these private health insurance com- utes for Senator MCCONNELL and 10 hurt his retirement plans. He made it. minutes for me—be reserved for us. If panies will be uncomfortable for some He is covered by Medicare and doing of their friends. So they are prepared other people want to come and use that well. And that is just one example of to allow this cut in pay for doctors time, we will use leader time, but prior thousands that can be given. under Medicare to go through to pro- to the vote we would ask for the oppor- So we have a vote today which tect the private health insurance com- tunity to speak. should be a pretty simple vote. It was panies offering Medicare coverage. The PRESIDING OFFICER. Without a very simple vote in the House of Rep- So I guess the honest question is, Are objection, it is so ordered. resentatives. There is a proposal to cut the private health insurance companies

VerDate Aug 31 2005 04:53 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.112 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6226 CONGRESSIONAL RECORD — SENATE June 26, 2008 doing a better job than the Medicare out. But those folks are not speaking they were about done with those nego- Program? The honest answer is no. Do for the seniors. The seniors want us to tiations 2 days ago when the House you know how much more they charge stand up and make sure we keep Medi- scheduled a vote on its own bill and than the Government’s Medicare Pro- care strong and Medicare providers are that bill passed. Again that upset the gram? About 17 percent more. They there to make sure they get the very bipartisan discussions that were occur- will throw in a few bells and whistles, best care. ring here in the Senate. As a result, but about 17 percent more. So it isn’t I hope my Republican colleagues will the majority leader decided to bring as if they are cheaper. They are not. not go in lockstep with the private the House bill to the Senate and ask us Secondly, it turns out they are using health insurance companies but will, in to support the House bill. Again, the bullying and strong-arm tactics to con- fact, stand for the Medicare Program, negotiations stopped. vince a lot of senior citizens to sign up join the overwhelming bipartisan ma- The vote we are going to have today for those so-called Medicare Advantage jority in the House of Representatives will either allow the Baucus-Grassley Programs, so much so that we have had who supported this bill. If it costs negotiations, bipartisan negotiations, to investigate this, and we are going to these private health insurance compa- to be completed or send a bill to the have to do everything we can to stop nies 1 or 2 percent, is that the end of President which he will veto—meaning this from continuing. the world, that they would have to give a great deal of time will be lost by the Third, we just had a report from the back a little bit of the money they are time that bill gets to the President, he General Accounting Office. These so- taking out of our Federal Treasury? I ends up vetoing it, he sends it back to called private health insurance compa- do not think it is. I think they have the Congress and we presumably sus- nies—it turns out the medical care been shown to charge more than the tain the veto. Then what happens after they were reporting for seniors was Medicare Program, to provide less than that? Bipartisan negotiations resume. overstated. They weren’t giving them they publicly disclose in terms of med- We can cut out all of that political the care that was promised. Instead, ical benefits, and to engage in mar- folderol by simply returning this bill to they were taking more profit out of the keting tactics which should not be con- the people who were negotiating it in system. doned by the Senate. the first place. Either way, July 1 will If you are a free market advocate I hope we will have a good bipartisan come with no solution. That is a prob- who believes that it is caveat emptor— rollcall here. It will be a great way to lem for the physicians. The veto route let the buyer beware—you can buy into end the session as we break for the virtually assures that physicians will this idea of private health insurance Fourth of July recess. feel the impact of a 10.6 percent cut in companies doing so well, making so I yield. payment because of the amount of time much money, bullying seniors, and not The PRESIDING OFFICER. The Sen- it will take for us to complete our giving them medical care promised. I ator from Arizona. work. don’t buy it and I think they ought to Mr. KYL. Mr. President, I don’t un- On the other hand, if cloture is de- be held accountable. If there is one derstand why this has to be character- feated and the bipartisan negotiations thing we ought to protect, it is the sen- ized as a partisan issue as my colleague can quickly resume, then, depending iors in America, who have done so from Illinois has done. He said there is upon when we could pass something much for this country and now need a proposal to cut doctors’ pay. There is after July 4, it is possible that the reimbursement checks could reflect the our help in their retirement years. no such proposal. Nobody wants to cut new rates without the cuts ever being That is what Medicare is all about. physicians’ pay. In fact, I daresay all We are going to have a vote in about 100 Senators here are in support of en- applied. If you are interested in a truly bipar- 45 or 50 minutes. We need 60 votes to suring that physicians get paid an in- tisan solution in a body that is 51 to 49, protect these doctors who are pro- crease in the pay next year from what if you are interested in minimizing the viding help under Medicare. We only they are paid this year. What happens potential impact on physicians, do not have 51 on our side of the aisle, the is that the law provides an automatic vote for the House bill that we know Democratic side. We need nine Repub- pay cut so we have to pass a bill to pre- will never become law. licans to cross the aisle to join us in vent that automatic pay cut from tak- Let me conclude with this point. The this effort to do the right thing for ing effect. House bill makes some radical changes Medicare. I am on the Finance Committee. A in Medicare. It doesn’t just reimburse I don’t think it is an unreasonable few weeks ago Senator BAUCUS, the physicians; it increases Medicare idea that 9 out of the 49 Republicans chairman of that committee, who has a spending by $17 billion over 10 years. It would join us when in the House of long history of working with Senator makes larger cuts to Medicare Advan- Representatives the same measure GRASSLEY regardless of which party is tage, the highly successful insurance passed by a vote of almost 6 to 1 in in the majority, proposed that we work program for America’s seniors. This favor of it. in a bipartisan way to draft a bill to will minimize patient choice in both This is a good bill, not only because ensure the physicians would be paid. rural and urban areas and, according to it helps Medicare to continue to thrive Those discussions commenced. They the Congressional Budget Office, 2 mil- because it helps beneficiaries pay their produced a bipartisan agreement. lion seniors would lose their fee-for- premiums if they are in a low-income Then, before that agreement was service plans by the year 2013 under the category, it helps pharmacists, it helps brought to the Senate floor, the major- House bill. It would significantly re- many others. It has been endorsed by ity announced it wanted instead to strict Part D plans’ ability to nego- virtually every major organization of substitute a partisan bill that we tiate prescription drug prices. physicians, seniors, pharmacists, and would seek to consider on the Senate We can do better than this. We hospitals. They know this bill is criti- floor. We had a cloture vote on that should return to the bipartisan nego- cally important. bill and it failed to get cloture. tiations and pass a truly bipartisan bill If the Republicans fail to give us the My colleague says he hopes Repub- which will ensure that physicians will votes necessary to reach 60 votes on licans will not vote in lockstep. I can be paid and Medicare patients will be the next rollcall, doctors across Amer- assure my colleagues here Republicans served. ica treating Medicare patients will will not vote in lockstep. Democrats The PRESIDING OFFICER. The Sen- take a 10-percent cut in pay in a few will vote in lockstep. There will not be ator from Iowa. days. That is the reality. Those who a single Democrat who votes dif- Mr. GRASSLEY. Mr. President, here have voted that way are doing it in ferently. Republicans will be divided. we are again. Once again the Senate is order to protect private health insur- If this is a partisan issue, it is only a being asked to vote to proceed to a bill ance companies who are trying to com- partisan issue because Democrats will that is written on a partisan basis. As pete with Medicare. Those private vote in lockstep and because the Demo- everybody knows who knows how the health insurance companies have plen- crats insisted on bringing a partisan Senate functions, anything that is on a ty of lobbyists. They are politically ar- bill to the floor. That was rejected, so partisan basis does not get done. ticulate. They can be found in the cor- Senators BAUCUS and GRASSLEY re- Once again we are being asked if we ridors of the Capitol day in and day turned to their negotiations. Again want to agree to a process where no

VerDate Aug 31 2005 04:53 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.113 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6227 amendments will be allowed. Once votes. In fact, the House budget—or the ices, we have to produce a bill that can again we are being told to take it or congressional budget adopted in the become law. To help beneficiaries, we leave it. The damage that is being done year 2003 that had provisions in it for have to produce a bill that can become to the ability of this body to function taxes when the President of the United law. How many times do I have to say is extraordinary. It should not be this States wanted a $700 billion tax cut—I that? way and it doesn’t have to be this way. told enough Republicans in the Senate To preserve access for durable med- I say this from a lot of experience I that I would not bring out of con- ical equipment for seniors, we have to have had on the Finance Committee ference a tax bill that had more than produce a bill that can become law. We and, most importantly, my experience half that amount, $350 billion. have to be allowed to do our work in working with Senator BAUCUS, the I didn’t tell the House of Representa- the Senate. And that work only gets chairman of the committee. During the tives that before they voted on their done if we have bipartisanship. last several years, the Finance Com- budget, but they passed a budget that We have to be allowed to produce the mittee has produced numerous bipar- we could get enough votes to pass in best bill possible through bipartisan tisan health care products. the Senate because of the promise I compromise. Let’s show that we can In 2003, Senator BAUCUS and I joined made to some Republicans that we work on a cooperative basis. We have together, defied the long odds against were not going to be dictated to by the to defeat this motion so that we pre- it and produced a Medicare Prescrip- White House or by the House of Rep- serve the right of the Senate to have tion Drug bill. resentatives. And we didn’t do more input on legislation, that we are not In 2005, we worked together on a re- than a $350 billion package. Was there simply a rubberstamp for the House. lief package in the aftermath of Hurri- an uproar among House Republicans We should defeat this motion so that cane Katrina. against me, when I had told enough Re- we can show that bipartisanship is not In 2006, we passed the Tax Relief and publicans in the House what we would dead on important health care issues Health Care Act. do on that tax bill. So I think I have that matter to millions of people who In 2007, we worked together on a bi- defended our position. depend on us as stewards of Medicare. partisan Children’s Health Insurance But let’s be clear about another Let’s do the right thing and vote no. Program Reauthorization Bill. We also thing. That House vote I referred to Vote no so this body does not abdicate passed the Medicare, Medicaid, and went the way it did because Members its duties under the Constitution. Vote Children’s Health Insurance Program were assured that the Senate was going no so that we can get a bill done this Extension Act of 2007. to fix the problem in this bill. But we week that can become law. Vote no so I could go on and on. For years the are in a process where we cannot fix that we can get the job done. A ‘‘yes’’ vote accomplishes nothing Finance Committee has been the model that problem. They are counting on us because it is going to delay for 2 weeks of how a committee can work on a co- to fix it so we would have a bill the everything to be considered because of operative—and that basically means on President would sign. They are right the President vetoing this bill. a bipartisan—basis. I think we work about one thing: This bill does need to best when we work together. For some I yield the floor. be improved. The bill the Democrats The PRESIDING OFFICER. The Sen- reason that has not seemed to be the are trying to pass is woefully lacking ator from New Mexico is recognized. case this year and that is not Senator in what it provides for rural America Mr. BINGAMAN. Mr. President, how BAUCUS’s fault. as opposed to what Senator BAUCUS and much time remains on this side? I have tried to work this year to get I were agreeing to by 11 o’clock Tues- The PRESIDING OFFICER. The ma- a bill that could get signed into law. I day of this week. jority has 20 minutes, of which 10 min- personally think the White House is I wish to call out one specific provi- utes are reserved for the majority lead- drawing lines in the sand that are un- sion. Senator HARKIN and I have er. reasonable. However, there is a fact of worked extensively on a provision for Mr. BINGAMAN. Mr. President, I will our Constitution: The President holds so-called ‘‘tweener’’ hospitals. These use a maximum of 5 minutes to respond the veto pen and if this bill passes are hospitals which are too large to be to some of the points that were made. today, we will see it used, and that is critical access hospitals but too small First, let me say how much respect I regardless of this Senator’s position to do well under the current Medicare have for Senator GRASSLEY. He is the that maybe the White House has been payment systems. We had a provision ranking member on our Finance Com- too strict. to improve payments to these hos- mittee. He is a very conscientious and I tried to work toward a bill that can pitals. It is not in the House Democrats fair individual with whom I have en- be signed by the President, because bill, so a vote for cloture misses an op- joyed working on many matters. those are the facts of life. Obviously portunity to provide critical assistance On this particular issue, I disagree that was not the path the majority of to rural hospitals all over the country. with him. Let me point out there were the Senate—meaning the majority I am sure Senator HARKIN and others three arguments made: First, that this party—could follow. Even after the are disappointed, as I am, with this is not bipartisan; it is clearly not the first cloture vote, even after it failed in omission. This is not something just bipartisan agreement he and Senator the Senate, I tried to get a bipartisan for Iowa and for Senator HARKIN and BAUCUS were working to develop, but it compromise that could be signed into for Senator GRASSLEY; this is some- is clearly a bipartisan agreement. law. That effort was abandoned when thing that affects 181 hospitals in 31 I am informed that 129 Republicans the House voted to support the bill on different States in this country. But in the House voted for this bill. That is which the Senate couldn’t get cloture. that was left out in the House of Rep- two-thirds of the Republicans who That is not a realistic position for the resentatives. Why? Because the House serve in the House. The vote in the other body to take but it doesn’t mat- of Representatives is controlled by the House was 355 in favor. So this is a bi- ter; they took it, so we are here. big States, by the big cities, and they partisan bill by any definition. The When we were in charge around here, don’t care about rural America. fact that it has come from the House of I can say we certainly didn’t appreciate Voting for this bill accomplishes Representatives rather than origi- it when, under Republican control in nothing. It will not become law. How nating in the Senate, of course, is an- the House of Representatives, the Ways much more clear can we be about that? other matter. But it is bipartisan. and Means Committee tried to dictate To keep the pay cut of doctors from The second point, of course, is that terms to this body. When Ways and happening, we have to defeat this mo- there are important things that have Means Chairman Thomas tried to roll tion so we can sit down and finally been left out. I do not doubt that there the Senate, I think I successfully de- produce a bill that can become law. are important things that have been fended the bipartisan Senate position. To improve Medicare, we have to left out and that I would like to see in- When I was chairman of the Finance produce a bill that can become law, and cluded. But the reality is, we have a Committee, I don’t recall our bipar- that means being signed by the Presi- bill that does important things; partisan efforts being determined by dent of the United States. To make ticularly, it heads off the expected cut House votes. To the contrary, I think sure that beneficiaries continue to in physician payments that is sched- we worked together in spite of House have access to essential therapy serv- uled to occur next Tuesday. That is a

VerDate Aug 31 2005 04:53 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.115 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6228 CONGRESSIONAL RECORD — SENATE June 26, 2008 very important provision. And I think performance of the overall economy. extension as a part of a larger bill in it makes all the sense in the world for The cost of health care has been rising order to avoid the discussion of reau- us to pass what we have in front of us, much faster than inflation. Our Nation thorization and changes necessary to pass what the House of Representatives should address the rising costs of update the supplemental grant pro- has passed, fix the problems that legis- health care as part of a larger discus- gram. I am disappointed some States, lation fixes, and then come back at a sion on health care reform. Reimburse- like South Carolina, and families that future time and try to solve these ment should more accurately represent might otherwise receive this additional other problems, many of which I am the cost of providing services. assistance will not have the oppor- sure I would wind up agreeing with my In the meantime, I support this legis- tunity to benefit from a mere update of colleague from Iowa. lation, which includes a delay on Medi- the current program, or from the con- The third point is that we should op- care reimbursement cuts for physi- sideration of Senator ROCKEFELLER’s pose this because the President has cians’ services and replaces the cut and my proposal. said he would veto it. Frankly, I am with a 1.1-percent increase for 2009. I I am committed to ensuring that not clear as to the substantive reason am hopeful that the Senate will pass Federal dollars spent on welfare serv- the President thinks this bill should be this legislation and that the President ices and benefits are spent efficiently. I vetoed. will heed the will of Congress and the am disappointed that the reauthoriza- I believe strongly that the way the American people and sign this bill into tion of the supplemental grant pro- system is intended to operate is, Con- law before the cuts enter into effect on gram did not receive the attention it gress sends bills to the President. If he July 1. deserves, and I am hopeful that this vetoes them, then Congress sees wheth- Mr. GRAHAM. Mr. President, today I can be addressed in the future. er it has got enough votes to override wish to express my disappointment in Mr. AKAKA. Mr. President, I support the veto. If we do not, of course we the straight extension of the current the Medicare Improvement for Pa- have to take a different course. temporary assistance for needy fami- tients and Providers Act of 2008. We In this circumstance, it looks to me lies, TANF, supplemental grant pro- must quickly enact this legislation in like at least the House of Representa- gram, which is included in the Medi- order to ensure that Medicare bene- tives has enough votes to override a care bill. I oppose the extension of this ficiaries continue to have access to Presidential veto, if the President were program without updating the 10-year- health care, enhance Medicare benefits, to take that course. I do not know old statistics that qualify States for and extend Medicaid disproportionate what we would have in the Senate. I participation in the program, and with- share, DSH, allotments for Hawaii. hope very much we would have the nec- out the appropriate reauthorization This essential legislation will main- essary 67 votes. I think it would cer- and consideration of changes necessary tain Medicare physician payment rates tainly be in the interests of the people to ensure that this assistance is being for 2008 and provides a slight increase I represent in New Mexico to see this afforded to the States that need it in 2009. If this legislation fails to pass, legislation enacted and enacted quick- most. doctors will be faced with a 10.6-per- ly. The TANF Supplemental Grant pro- cent cut in Medicare reimbursements. So I urge my colleagues to support it gram was created in 1996 to provide ad- Rising costs, difficulty in recruiting and hope that colleagues on both sides ditional assistance to States that and retaining staff members, and de- of the aisle will support the legislation. spend less money per poor person on clining reimbursement rates make it Mr. LEVIN. Mr. President, I support TANF services. Seventeen States quali- necessary to make improvements in the Medicare Improvements for Pa- fied for additional TANF benefits under Medicare reimbursements to ensure tients and Providers Act, H.R.6331, this program based on certain statis- that Medicare beneficiaries have access which makes a number of needed tics collected at or around that time. to health care services. changes related to Medicare reimburse- More than 10 years later, these States The bill will enhance Medicare bene- ment, including reimbursement for are still receiving supplemental grant fits. It will increase coverage for pre- physicians’ services. benefits based on the same 10-year-old ventive health care services and make Medicare physician fee schedule pay- statistics. A straight extension of this mental health care more affordable. In ments are updated each year according program does not award this assistance addition, the Act will help low-income to a complex formula based on a sus- based on current conditions in States. seniors access health care services that tainable growth rate, SGR. Unfortu- There is no doubt that our nation is they need. nately, because of the way the formula facing challenging economic times. In addition, this legislation includes is calculated, even if Congress prevents Rising gas prices, rising unemployment a provision that extends Medicaid DSH the cuts in a given year, scheduled re- States, the housing crisis and rising allotments for Hawaii and Tennessee imbursements cuts are likely to in- food prices all place a particularly sig- for another 18 months. Medicaid DSH crease in subsequent years unless Con- nificant burden on less fortunate fami- resources support hospitals that care gress takes additional action, such as lies. Some state TANF programs are for Medicaid and uninsured patients. developing a permanent alternative to seeing increased caseload pressure. Hawaii and Tennessee are the only the SGR formula. South Carolina can only afford to two States that do not have permanent I support efforts to ensure that phy- spend 29 percent of the national aver- DSH allotments. The Balanced Budget sicians receive adequate reimburse- age per poor child on TANF services Act of 1997 created specific DSH allotment for their services. It could be fi- compared to some States that spend ments for each State based on their ac- nancially unsound for physicians to well over the national average. To tual DSH expenditures for fiscal year continue to provide services to Medi- make matters worse, South Carolina 1995. In 1994, Hawaii implemented the care beneficiaries if reimbursement is did not and has not qualified for the QUEST demonstration program that inadequate. As a result, allowing reim- supplemental grant program due to an was designed to reduce the number of bursement cuts to enter into effect old statistic that has since changed. uninsured and improve access to health could pose significant access problems Senator ROCKEFELLER and I intro- care. The prior Medicaid DSH program as physician’s are unable to afford produced a proposal to allow States that was incorporated into QUEST. As a re- viding services to Medicare bene- spend below the national average on sult of the demonstration program, Ha- ficiaries in need of medical attention. TANF services to participate in the waii did not have DSH expenditures in While I believe past measures to al- supplemental grant program. Using up- 1995 and was not provided a DSH allot- leviate this burden on physicians have dated statistics, our legislation would ment. been helpful, I know from my discus- ensure that the dollars spent on this The Medicare, Medicaid, and SCHIP sions with health care providers program are appropriately directed to Benefits Improvement and Protection throughout Michigan that more needs States that need it most so that they Act of 2000 made further changes to the to be done. For the long term, Congress can help struggling families get on DSH program, which included the es- must find an alternative to the SGR. their feet and back to work. tablishment of a floor for DSH allot- The SGR is linked not to the cost of Unfortunately, the Senate Finance ments. States without allotments were providing health services, but to the Committee chose to quickly pass this again left out.

VerDate Aug 31 2005 05:25 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.116 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6229 The Medicare Prescription Drug, Im- Mr. MCCONNELL. Mr. President, geons; Suicide Prevention Action Net- provement, and Modernization Act of under the consent agreement that was work; Medical Rights Center; National 2003 made additional changes in the entered, I have 10 minutes? Community Pharmacists Association. DSH program. This included an in- The PRESIDING OFFICER. The Sen- I ask unanimous consent to print in crease in DSH allotments for low DSH ator is correct. the RECORD more than 200 organiza- States. States without allotments were Mr. MCCONNELL. I will yield back tions that want every Senator to vote again left out. the remainder of my time, and then am to finish this legislation, to complete In the Tax Relief and Health Care I correct that the only remaining this legislation, to pass this legisla- Act of 2006, DSH allotments were fi- speaker is the majority leader? tion. nally provided for Hawaii and Ten- The PRESIDING OFFICER. That is There being no objection, the mate- nessee for 2007. The act included a $10 correct. rial was ordered to be printed in the million Medicaid DSH allotment for Mr. MCCONNELL. Mr. President, let RECORD, as follows: Hawaii for 2007. The Medicare, Med- me be clear, my side, led by Senator H.R. 6331, ‘‘MEDICARE IMPROVEMENTS FOR PA- icaid, and SCHIP Extension Act of 2007 GRASSLEY, has been willing to com- TIENTS AND PROVIDERS ACT OF 2008’’ LIST OF extended the DSH allotments for Ha- promise to get a bill that could become SUPPORTING ORGANIZATIONS waii and Tennessee until June 30, 2008. law. Everyone agrees we need to fix the Alliance for Aging Research; Alliance for This extension authorizes the sub- physician payment system. There is no Retired Americans; Alzheimer’s Association; mission by the State of Hawaii of a disagreement on that. As Senator AMAG Pharmaceuticals, Inc.; American Academy of Audiology; American Academy State plan amendment covering a DSH GRASSLEY has pointed out, we have of- of Dermatology; American Academy of Fam- payment methodology to hospitals fered to negotiate. We have offered to ily Physicians; American Academy of Oph- which is consistent with the require- extend current law. We have tried to thalmology; American Academy of Otolaryn- ments of existing law relating to DSH find a way to solve the problem. Unfor- gology; American Academy of Physical Med- payments. The purpose of providing a tunately, the majority apparently is icine and Rehabilitation; American Ambu- DSH allotment for Hawaii is to provide not interested. The bill we are voting lance Association; American Association of additional funding to the State of Ha- on would cause 2 million seniors to lose Bioanalysts; American Association of Car- waii to permit a greater contribution the extra benefits they currently get in diovascular and Pulmonary Rehabilitation; American Association for Clinical Chem- toward the uncompensated costs of their Medicare Advantage plans. It istry; American Association for Geriatric hospitals that are providing indigent would rob millions of rural seniors of Psychiatry; American Association for care. It is not meant to alter existing the ability to choose a private fee-for- Homecare; American Association of Homes arrangements between the State of Ha- service plan. I worry about the impact and Services; American Association of Med- waii and the Centers for Medicare and that it would have on the Kentucky ical Colleges; American Association of Nurse Medicaid Services, CMS, or to reduce teacher retirement system. Anesthetists; American Association of Re- in any way the level of Federal funding We have a solution that would pro- tired Persons (AARP). tect seniors’ access to care, that would American Cancer Society Cancer Action for Hawaii’s QUEST program. Network (ACS CAN); American Clinical Lab- I look forward to continuing to work prevent a 10.6-percent cut in physician oratory Association; American College of with Chairman BAUCUS, Ranking Mem- payments in Medicare, that would pro- Cardiology; American College of Emergency ber GRASSLEY, and Senators ALEX- vide billions of dollars to help rural Physicians (ACEP); American College of ANDER, CORKER, and INOUYE to perma- beneficiaries access care. This is a so- Nurse Midwives; American College of Obste- nently restore allotments for Hawaii lution that could become law right tricians and Gynecologists; American Col- and Tennessee. I thank the chairman away. I hope the majority can find a lege of Osteopathic Internists; American Col- and ranking member of the Finance way to take one of the solutions we are lege of Physicians; American College for Pre- Committee for all of their efforts on offering so that physician payments ventive Medicine; American College of Radi- ology; American College of Surgeons; Amer- this issue of great importance to my are not cut and seniors’ Medicare bene- ican Counseling Association; American Dia- home State of Hawaii. fits are not put in jeopardy. betes Association; American Federation of Mr. President, Hawaii’s health care I yield back the remainder of my Labor & Congress of Industrial Organizations providers continue to struggle to care time. (AFL–CIO); American Federation of State, for our growing number of individuals The PRESIDING OFFICER. The ma- County and Municipal Employees; American that are uninsured. These DSH re- jority leader. Geriatrics Society; American Health Care sources will strengthen the ability of Mr. REID. Mr. President, these are Association; American Heart Association; our providers to meet the increasing some of the organizations that support American Hospital Association; American health care needs of our communities. the Medicare bill now before the Sen- Kidney Fund; American Lung Association; I yield the floor, and I suggest the ab- American Medical Association (AMA); Amer- ate. We have the American Association ican Medical Group Association. sence of a quorum. of Retired Persons, the AARP; Alz- American Medical Technologists; Amer- The PRESIDING OFFICER. The heimer’s Association; the American ican Mental Health Counselors’ Association; clerk will call the roll. Academy of Oncology; the American American Nephrology Nurses’ Association; The legislative clerk proceeded to Academy of Audiology; the American American Occupational Therapy Associa- call the roll. Academy of Family Physicians; the tion; American Optometric Association; Mr. BINGAMAN. Mr. President, I ask American Academy of Opthalmology; American Osteopathic Association; Amer- unanimous consent that the order for American Ambulance Association; ican Pharmacists’ Association; American Physical Therapy Association; American the quorum call be rescinded. American Association of Nurses Anes- The PRESIDING OFFICER. Without Podiatric Medical Association; American thetists; American Cancer Society; Psychiatric Association; American Psycho- objection, it is so ordered. American College of Cardiology; Amer- Mr. BINGAMAN. Mr. President, I ask logical Association; American Public Health ican Heart Association; American Hos- Association; American Regent, Inc.; Amer- unanimous consent that any time pital Association; American Medical ican Renal Associates, Inc.; American Soci- under a quorum call on this bill be Association, the AMA; American Med- ety of Anesthesiologists; American Society equally divided. ical Technologists; American Opto- of Cataract and Refractive Surgery; Amer- The PRESIDING OFFICER. Without ican Society for Clinical Laboratory Science. objection, it is so ordered. metric Association; the American Os- American Society for Clinical Pathology; Mr. BINGAMAN. Mr. President, I teopathic Association; American Psy- American Society for Microbiology; Amer- suggest the absence of a quorum. chological Association; American Soci- ican Society of Nephrology; American Soci- The PRESIDING OFFICER. The ety of Plastic Surgeons; Campaign for ety for Nutrition; American Society of Pedi- clerk will call the roll. Tobacco Free Kids; Cleveland Clinic— atric Nephrology; American Society of Plas- The legislative clerk proceeded to to name a few institutions—National tic Surgeons; American Speech-Language- Hearing Association; American Stroke Asso- call the roll. Osteoporosis Foundation; National Renal Administrators Association; Na- ciation; American Telemedicine Association; Mr. MCCONNELL. I ask unanimous American Thoracic Society; American Os- consent that the order for the quorum tional Rural Health Association; Par- teopathic Association; American Urological call be rescinded. kinson’s Action Network; Schizo- Association; Amgen; Association of Amer- The PRESIDING OFFICER. Without phrenia and Related Disorders Alliance ican Medical Colleges (AAMC); Association objection, it is so ordered. of America; Society for Thoracic Sur- for Community Affiliated Plans; Board of

VerDate Aug 31 2005 05:25 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.046 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6230 CONGRESSIONAL RECORD — SENATE June 26, 2008 Nephrology Examiners and Technology; Cali- sicians; it protects patients because We would go after those people who fornia Dialysis Council; California Medical doctors have been dropping out of would sign that these people needed Association; Campaign for Tobacco Free Medicare for a long number of years. hospital care. Kids; Center for Clinical Social Work. There are many physicians in America After Medicare came into being, 99- Center for Medicare Advocacy; Centers for plus percent of the seniors who come Dialysis Care; Cleveland Clinic; Clinical Lab- today who will not treat Medicare pa- oratory Coalition; Clinical Laboratory Man- tients because the payments are too into a hospital have health care agement Association; Clinical Social Work low. But it is a spiraling effect. It is a through Medicare. It is a wonderful Association; Coalition of State snowballing effect. Many reimburse- program. Is it a perfect program? No. Rheumatology Organizations; College of ments through insurance companies But is it a program worth following American Pathologists; Colorectal Cancer and other organizations are based on President Bush over the ledge to de- Coalition; National Osteoporosis Founda- what the Medicare reimbursement is. If stroy it? That is what is going to hap- tion; National Partnership for Women and this is low, then doctors all over the pen tonight, Mr. President. If the Re- Families; National Patient Advocate Foun- publicans do not support this legisla- dation; National Renal Administrators Asso- country will be affected. Patients will ciation; National Rural Health Association; be affected. People, I repeat, will no tion, they are having Medicare go over Northwest Kidney Centers; Parkinson’s Ac- longer be able to be treated by their the cliff. People will be devastated by tion Network; Partnership for Prevention; physicians. what is happening. Prevent Cancer Foundation; Prostrate Can- We know all these doctors’ organiza- We have all had people visit our of- cer Coalition; Quest Diagnostics. tions that are part of this 200-plus or- fices, I hope, this week. They visited Renal Advantage, Inc.; Renal Physicians ganizations I submitted, the reason mine, talking about how devastating Association; Renal Support Network; Renal this would be—not to the doctors. The Ventures Management, LLC; Roche they are in favor of it is they want their physicians to treat Medicare pa- doctors are going to survive with a 10- Diagnostics; Satellite Healthcare; Schizo- percent pay cut, most of them. But phrenia and Related Disorders Alliance of tients. This will drive people out of America; Society of Gynecologic Medicare. they are going to drop out of the sys- Oncologists; Society of Hospital Medicine; We all recognize that President Bush tem. It hurts the patients, and that is Society of Thoracic Surgeons; Society for does not like Social Security. He does what this is all about. Vascular Surgery; Suicide Prevention Action not like Medicare. He wants them to go Medicare is an important program. It Network USA (SPAN USA); Susan G. Komen away. He wants to privatize Social Se- is part of the legacy of our country, for the Cure Advocacy Alliance; U.S. Renal curity, and he wants to do away with and we know our health care delivery Care; Watson Pharma, Inc.; Y-ME National system is in trouble. Medicare is one of Breast Cancer Organization. Medicare. This is his effort to do so. But it is the wrong thing to do. It is the strong parts of it. We should con- Consortium for Citizens with Disabilities tinue it, not destroy it. A ‘‘no’’ vote on Health Task Force, The Council for Quality certainly the wrong thing to do. Respiratory Care; Da Vita, Inc.; Diabetes Ac- This legislation will provide help for this legislation tonight is destroying cess to Care Coalition; Dialysis Patient Citi- rural health care deliverers. Bene- Medicare. The House bill was very similar to a zens; DSI, Inc.; Easter Seals; Emergency De- ficiary investments are significant. Yet bill drafted by Senator BAUCUS and partment Practice Management Association; there are additional provisions in this supported by every Senate Democrat Families USA; Federation of American Hos- legislation for pharmacies, dialysis pa- pitals; Food Marketing Institute; Fresenius and many Senate Republicans earlier tients, community health centers, am- Medical Care North America; Fresenius Med- this month. We all know the issue bulances, rural providers, e-pre- ical Care Renal Therapies Group; Genzyme; must be resolved by July 1. It must be scribing, psychologist, social workers, Health Industry Distributors Association; resolved by July 1. Our Republican col- and many others. ITEM Coalition; Kidney Care Council; Kid- leagues argue, there will be other op- ney Care Partners; Laboratory Corporation This is a fine piece of legislation. Re- portunities to address this issue. That, of America; Lance Armstrong Foundation; member, we already over here had an using a term of the marketplace, is a Leadership Council of Aging Organizations. opportunity to do work on this bill. ‘‘loss leader.’’ There is no other way to Lutheran Services in America; Marshfield Every Democrat voted for it, and nine Clinic; Mayo Clinic; Medical Group Manage- do this. We have to do it tonight or it Republicans. Here is where we find our- ment Association; Medicare Rights Center; won’t be done. July 1 comes next week. selves tonight. Earlier this week, the Mental Health America; National Alliance We are out of session next week. The House passed this identical legislation on Mental Illness; National Association of House is out of session now. If not, Anorexia Nervosa and Associated Disorders; by a vote of 355 to 59. The Presiding Of- they will be shortly. There are no other National Association of Chain Drug Stores; ficer and I served in the House of Rep- opportunities to address this issue. National Association of Community Health resentatives. That is an overwhelming Centers; National Association for Medical Some ask for a 30-day extension. A 30- vote. It was a bipartisan vote. Demo- day extension requires passage by this Direction of Respiratory Care; National As- crats and Republicans voted for it. The sociation of Nephrology Technicians and body and the House. The House, if they Technologists; National Association of So- legislation they passed would help, as I are not adjourned, soon will be. Both have stated, Medicare beneficiaries and cial Workers; National Association of State Speaker PELOSI and the House major- Long-Term Care Ombudsmen Programs; Na- head off looming cuts facing doctors. ity leader have issued statements that tional Association of State Mental Health Why is Medicare important? My first could not be more clear. Program Directors; National Association for elective job was on a hospital board. Quoting Speaker PELOSI: the Support of Long-term Care. We ran countywide in Clark County, National Committee to Preserve Social Se- The House will not consider any further Las Vegas. It was my first elective job. Medicare legislation. curity and Medicare; National Committee During the time that I was on that hos- for Quality Assurance; National Community This means that the 30-day extension Pharmacists Association; National Council pital board was a transition period. is not an option, a week extension is on Aging; National Council for Community During the time I was there, Medicare not an option, a 10-minute extension is Behavioral Healthcare; National Home Oxy- passed back here and became the law not an option. gen Patients Association; National Inde- all over the country. So for a part of The bill we seek to proceed to rep- pendent Laboratory Association; National my term, there was no Medicare for pa- resents the only chance for Congress to Kidney Foundation; National MS Society. tients coming into Southern Nevada head off the cuts that doctors will face Mr. REID. Mr. President, this bill has Memorial Hospital. The rest of the at the end of this month. This is a good many items in it, one of which we call term, it was. piece of legislation. the doctors’ fix, which prevents a 10.6- Prior to Medicare passing, 40 percent Some Republicans also say the Sen- percent pay cut for physicians who par- of the senior citizens who came to that ate should have more time to speak on ticipate in Medicare. It provides a pay- hospital had no insurance. What hap- the bill and debate it. Yet the same ment freeze for 2008 and a 1.1-percent pened is that wives, mothers, fathers, Senators who make those claims are update for 2009. These are very impor- sons, daughters, neighbors, friends the ones who voted against proceeding tant to the medical community. would have to sign that they would be it 2 weeks ago. You can’t have it both The reason this legislation is impor- responsible for their bill. If they didn’t ways. We asked to proceed to this 2 tant is, sure, the doctors should not pay the bill, we had an extremely big weeks ago. It was objected to. have to take a pay cut. But the main collection department. It was a county We have had an interesting situation thing is, this bill does not protect phy- hospital. It was an indigent facility. in the Senate.

VerDate Aug 31 2005 05:25 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.050 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6231 I have a chart I have asked to be And he said: provements for Patients and Providers brought out here. Obviously, no one is Clearly, the outcome of today’s vote Act of 2008, shall be brought to a close? running very hard to bring it, but it changed the dynamics of the situation. The yeas and nays are mandatory should be here quickly. Now, this is a direct quote from under the rule. We have had an unusual situation. someone in the House of Representa- The clerk will call the roll. This is, it appears, the 79th filibuster. tives, a couple days ago, who voted The legislative clerk called the roll. Mr. DURBIN. I announce that the That is too bad: to filibuster something against this legislation. Here is what Senator from Massachusetts (Mr. KEN- to preserve Medicare? That is what this he said: is all about. It is too bad. This is legis- NEDY) is necessarily absent. Clearly, the outcome of today’s vote Mr. KYL. The following Senator is lation that is important. changed the dynamics of the situation. . . . necessarily absent: the Senator from I say to everyone within the sound of Had I known the process would play out this Arizona (Mr. MCCAIN). my voice, there are no excuses. This is way, I would have supported the House bill. The result was announced—yeas 58, it. You go home and explain to your And if the bill comes back to the House for nays 40, as follows: family physician: Well, I wanted to final approval, I intend to fully support it. [Rollcall Vote No. 160 Leg.] talk about it more or I wanted a 20-day Now, my friend, WALLY HERGER, YEAS—58 extension; they would not give it to whom I know—I used to see him in the me. House gym—recognizes he has made a Akaka Feingold Nelson (NE) Baucus Feinstein Obama We have had 79 Republican filibus- big mistake, and he takes a full page Bayh Harkin Pryor ters, and the sad part about it is, we and sends this letter to all his con- Biden Inouye Reed are still counting. Remember, this is stituents saying: I made a big mistake. Bingaman Johnson Roberts our Velcro chart. Remember, a short Boxer Kerry Rockefeller Forgive me. Brown Klobuchar time ago, it was 78. We stuck on a ‘‘9’’ So Senate Republicans do not have Salazar Byrd Kohl Sanders Cantwell Landrieu back there, and I guess when we come the luxury of changing their minds like Schumer Cardin Lautenberg back after the recess we will have to Congressman HERGER did because right Smith Carper Leahy peel that off and put on an ‘‘8’’ and a now you have to make a decision, and Casey Levin Snowe ‘‘0.’’ Seventy-nine filibusters: unto- you know what the facts are. WALLY Clinton Lieberman Stabenow Stevens ward. And people who refuse to vote to HERGER learned them later. And I am Coleman Lincoln Tester let this legislation pass are destroying sure the other 58 who voted ‘‘no’’ feel Collins McCaskill Conrad Menendez Voinovich Medicare in the near future—certainly the same way. This was an over- Dodd Mikulski Webb during the next 6 months. whelming vote in the House of Rep- Dole Murkowski Whitehouse Senate Republicans are playing a resentatives on a totally bipartisan Dorgan Murray Wyden dangerous game of chicken, I guess. basis to do the right thing for the Durbin Nelson (FL) They have the audacity to say there American people. We must decide now NAYS—40 are other ways of doing this. But in whether to stick with President Bush Alexander Crapo Lugar this game of chicken, the only losers as lemmings going over the cliff, or Allard DeMint Martinez Barrasso Domenici will be Medicare patients—old people. McConnell should we do the right thing and pass Bennett Ensign Reid Doctors will lose. this legislation? Bond Enzi Sessions The Republicans who choose to block A ‘‘no’’ vote will wreak havoc on our Brownback Graham Shelby this important bipartisan legislation health care delivery system in Amer- Bunning Grassley Specter Burr Gregg Sununu are going to lose. If there was any ica. And who will it hurt the most? It Chambliss Hagel Thune doubt that Republicans will regret this Coburn Hatch will hurt the most senior citizens. And Vitter Cochran Hutchison path of blindly following on this legis- it would be too bad as we leave here for Warner Corker Inhofe lation, one need only look at their own. 10 days that this legislation will, in the Cornyn Isakson Wicker One need only look at a Congressman vernacular, go down. It should not. Craig Kyl by the name of WALLY HERGER. WALLY This is legislation that is meritorious. NOT VOTING—2 HERGER is a long-time experienced As WALLY HERGER said, if he had un- Kennedy McCain Congressman. He represents the Second derstood the dynamics of this legisla- District of California. Here is what he tion, he would not have voted ‘‘no.’’ The PRESIDING OFFICER. On this did when he realized how good this leg- Mr. President, I believe it is time for vote, the yeas are 58, the nays are 40. islation was. He realized that by blind- the vote. Three-fifths of the Senators duly chosen and sworn not having voted in the ly following the Republicans—who he CLOTURE MOTION thought knew what they were doing in affirmative, the motion is rejected. The PRESIDING OFFICER. Under Mr. REID. Mr. President, I enter a the House—he made a big mistake. the previous order, pursuant to rule motion to reconsider the vote. Congressman WALLY HERGER was one XXII, the Chair lays before the Senate The PRESIDING OFFICER. The mo- of 59 Members in the entire 435 Mem- the pending cloture motion, which the tion is entered. bers of the House of Representatives— clerk will state. Mr. REID. Mr. President, we have one of 59—to vote against this legisla- The assistant legislative clerk read something that is long overdue. We tion. Now, this is not some new guy as follows: have an agreement to take care of this. who made a mistake because he did not CLOTURE MOTION Nelson Mandela will soon be 90 years know what hole to punch in the deal We, the undersigned Senators, in accord- old, in a matter of days. The old orga- over there. He voted, and as soon as ance with the provisions of rule XXII of the nization he was a member of decades dawn broke in the House, he was on the Standing Rules of the Senate, hereby move ago—and he is probably still a member, House floor saying: I made a big mis- to bring to a close debate on the motion to but I am not too sure—the African Na- take. Help me out of the dilemma I am proceed to H.R. 6331, the Medicare Improve- tional Congress is still treated as a ter- in. ments for Patients and Providers Act. Harry Reid, Max Baucus, Debbie rorist organization. This takes care of In fact, he was so concerned about that. We will eliminate that. So the this, he sent a letter to all of his con- Stabenow, Jeff Bingaman, Patty Mur- ray, John D. Rockefeller, IV, Thomas people coming here from that great stituents in his congressional district. R. Carper, Mark L. Pryor, John F. country, which has done so well for so He said, among other things: Kerry, Dianne Feinstein, Richard Dur- long now, will be able to come in with- From my conversations with House Repub- bin, Daniel K. Inouye, Bill Nelson, Ber- out being considered terrorists. lican leaders, it was my understanding that nard Sanders, Jon Tester, Jim Webb, f the bill— Frank R. Lautenberg. The bill we are debating right here The PRESIDING OFFICER. By unan- REMOVING THE AFRICAN NA- tonight; this bill— imous consent, the mandatory quorum TIONAL CONGRESS FROM TREAT- voted on by the House was primarily a polit- call is waived. MENT AS A TERRORIST ORGANI- ical exercise. . . . The question is, Is it the sense of the ZATION It was ‘‘primarily a political exer- Senate that debate on the motion to Mr. REID. Mr. President, I ask unan- cise.’’ proceed to H.R. 6331, the Medicare Im- imous consent that the Senate proceed

VerDate Aug 31 2005 05:25 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.119 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6232 CONGRESSIONAL RECORD — SENATE June 26, 2008 to the consideration of Calendar No. The Judiciary Committee’s recent tively. Nevertheless, by enacting to- 852, H.R. 5690. oversight hearing with Secretary day’s bill we impress upon the execu- The PRESIDING OFFICER. Is there Chertoff was an example of an adminis- tive the importance of exercising that objection? tration that will only make the tough, authority in a prompt and thorough The clerk will state the bill by title. but correct decisions when the scrutiny manner. We trust, of course, that the The assistant legislative clerk read or public embarrassment becomes too executive will not use such authority as follows: much. At this hearing, Secretary to grant waivers to persons who, for ex- A bill (H.R. 5690) to remove the African Na- Chertoff announced that the Depart- ample, engaged in violence that was tional Congress from treatment as a ter- ment of Homeland Security (DHS) re- deliberately targeted at innocent civil- rorist organization for certain acts or versed its position on a green card de- ians. But we do expect the relevant events, provide relief for certain members of nial for an Iraqi who had been admitted agencies to act to avoid the diplomatic the African National Congress regarding ad- into the United States on a special visa embarrassments of the past. With the missibility, and for other purposes. from Iraq. Salam Kareem Ahmad en- changes made by my amendment, I There being no objection, the Senate tered the United States after working commend H.R. 5690 to my colleagues. proceeded to consider the bill, with an as a translator for U.S. Marines in Mr. REID. Mr. President, I ask unan- amendment, as follows: Iraq, and after receiving commenda- imous consent that the committee H.R. 5690 tion from General Petraeus, only to be amendment be agreed to, the bill, as On page 2, strike line 12 through the end of denied a green card by the administra- amended, be read the third time, line 21 and insert the following: tion. passed, the motion to reconsider be (a) EXEMPTION AUTHORITY.—The Secretary of Despite all of the administration’s laid upon the table, with no inter- State, after consultation with the Attorney Gen- rhetoric about its commitment to free- vening action or debate, and that any eral and the Secretary of Homeland Security, or dom and democracy, DHS determined statements relating to the matter be the Secretary of Homeland Security, after con- that Mr. Ahmad’s involvement with an printed in the RECORD. sultation with the Secretary of State and the At- anti-Saddam Hussein group, the Kurd- torney General, may determine, in such Sec- The PRESIDING OFFICER. Without retary’s sole and unreviewable discretion, that ish Democratic Party, amounted to in- objection, it is so ordered. paragraphs (2)(A)(i)(I), (2)(B), and (3)(B) (other volvement with a terrorist organiza- The committee amendment was than clause (i)(II)) of section 212(a) of the Immi- tion. It should not take political pres- agreed to. gration and Nationality Act (8 U.S.C. 1182(a)) sure and media scrutiny to do the right The amendment was ordered to be shall not apply to an alien with respect to ac- thing. But in light of the administra- engrossed and the bill to be read the tivities undertaken in association with the Afri- tion’s inattention to resolving injus- third time. can National Congress in opposition to apart- tices created by the material support The bill was read the third time. heid rule in South Africa. bars, Congress is once again compelled The bill (H.R. 5690), as amended, was Mr. LEAHY. Mr. President, I am very to do what the administration can and passed. pleased the Senate will pass this legis- should be doing on its own. f lation to exempt the African National There is much work to be done by Congress from designation under the Congress and the next administration UNANIMOUS CONSENT REQUEST— Immigration and Nationality Act as a to fully resolve the terrible con- H.R. 6331 ‘‘terrorist’’ organization. sequences these laws have brought Mr. MCCONNELL. Mr. President, The historic role that the African about. I intend to continue working to- with regard to the Medicare issue upon National Congress played in ending the ward ensuring that our immigration which we just voted, we have had a era of Apartheid in South Africa is well and asylum laws are not used in a man- number of discussions in the course of known, and I suspect that its designa- ner to harm those who come to the the week about the way forward. Sen- tion as a terrorist organization is a United States seeking its refuge and ator GRASSLEY has made it clear he surprise to many Americans. That the assistance. Our policies concerning would like to lead us in negotiations organization Nelson Mandela helped asylum seekers have demonstrated with the majority, represented by Sen- create to fight against an official pol- America’s commitment to human ator BAUCUS, to bring us together to icy of racism is deemed a terrorist or- rights. The material support and ter- get this Medicare extension completed. ganization is wrong and should be cor- rorism bars that have prevented so The way to do it is on a bipartisan rected. many from our protection are a blem- basis. I commend Senator KERRY and Con- ish on this legacy. Mr. President, I ask unanimous congressman BERMAN for their attention Mr. KYL. Mr. President, I rise to say sent that the Senate proceed to the im- to this issue, and the Members of the a few words about the impending pas- mediate consideration of a Senate bill, Judiciary Committee—Senators BIDEN, sage of H.R. 5690 and my amendment to which I will send to the desk. It is a SCHUMER, WHITEHOUSE, FEINGOLD, and that bill. My amendment narrows the clean 30-day extension of the Medicare CARDIN—who have lent their support to individualized waiver provisions in the payments bill. this effort. bill by excluding from waiver eligi- Mr. President, I ask unanimous con- The overly broad laws Congress bility persons who are convicted of sent that the bill be read the third passed in haste after September 11, controlled-substances offenses and time, and passed, and the motion to re- 2001, continue to unnecessarily bar le- those for whom there is reason to be- consider be laid upon the table. gitimate asylum seekers from the lieve that they will engage in terrorist The PRESIDING OFFICER. Is there sanctuary of the United States. I activity after entry into the United objection? worked to ensure that the administra- States. The amendment also requires Mr. REID. Mr. President, reserving tion has the authority to waive these that the activities for which waiver is the right to object. We are seeing an- laws for organizations and individuals, sought have been conducted ‘‘in asso- other partisan game being played on but the administration has been un- ciation with the African National Con- something that affects the American willing to exercise this authority of its gress.’’ people. own accord. With my amendment, the bill’s grant I have laid out in detail what this Secretary Rice quite rightly pointed of authority does not exceed that cre- legislation does and what will happen out that her government counterpart ated by section 691 of the Consolidated to the American people if it doesn’t in South Africa must apply for a waiv- Appropriations Act, 2008, on which I pass. Obviously, the Republicans in the er of the material support bar in order commented on December 18 of last Senate have done what they feel is ap- to enter the United States for an offi- year. Separate legislation is not needed propriate and that is to wipe out Medi- cial visit, and that it is an embarrass- to exempt Class III groups that are eli- care as we know it today. ment. I would hope and expect that gible for a waiver under section 691, a People can chuckle all they want, this embarrassment is no less acute class that surely includes the African but the senior citizens in America when victims of violent conflicts are National Congress. I hope that in the today and the health care delivery sys- denied asylum in the United States be- future such matters will be addressed tem are not chuckling. This is very im- cause of these same laws. administratively rather than legisla- portant.

VerDate Aug 31 2005 05:25 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.125 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6233 What has happened in this legislation Republican seat went Democratic. Is it piration at the end of the week. There tonight is detrimental to the health any wonder that the State of Mis- is a way forward to get back together care delivery system, which is precar- sissippi sent us a Democratic House like we have typically done on this, ious at best even now. Member? It is no wonder because they and that is to approve a 30-day exten- There are no winners in their game— see what is going on over here. sion. the game of the Republicans. It is note- I am very sorry for the people of our My good friend the majority leader worthy here—— country that this legislation did not has just objected to an opportunity to Mr. MCCONNELL. Is my good friend pass. But I want the record spread— prevent the physicians’ reduction we objecting to my request? Democrats to the number, every one of all agree should not occur. He is object- Mr. REID. Mr. President, I am ob- us, except Senator KENNEDY, who is ill, ing to it. So even the most casual objecting, and I will use leader time to voted for this legislation. If Senator server could not miss the point. make a statement. KENNEDY was not ill, he would have You have an opportunity to prevent It is obvious that everybody can see been here to vote. He would have been the physicians’ pay reimbursement re- there were 59 votes in favor of this. We the 60th vote. We understand they duction or let the law expire at the end needed 60. They have played this game probably would have peeled off 1 and it of the week. That is the choice. It is before, going only to 59, and they are would have been 59. perfectly clear. going to try to wiggle out of it some The record should reflect that Demo- I yield the floor. way. The only way to wiggle out of this crats support this legislation because The PRESIDING OFFICER. The ma- is to accept this legislation. it is good for the American people. A jority leader. My friend, the Republican leader, majority of the Senate, 59 Members of Mr. REID. Mr. President, I am sure it said he wants Ranking Member GRASS- the Senate, voted for this legislation. was a Freudian slip—59 Democrats LEY to lead us to a bipartisan agree- We will be back, and my colleagues voted for this. But next year at this ment. We have a leader. He is called will have another opportunity to vote time, there will be 59 Democrats at the chairman of the committee. He is for this bill. It will be led by the chair- least. We have a situation where we the chairman of the Finance Com- man of the Finance Committee, Sen- have a clear bipartisan piece of legisla- mittee, MAX BAUCUS, one of the most ator BAUCUS. tion. How bad could it be? Mr. Presi- experienced Members of this body. And Mr. MCCONNELL. Mr. President, I dent, 355 Members of the House of Rep- he also has some experience in the believe I have the floor. resentatives. other body. He led us to what is the The PRESIDING OFFICER. Objec- The Founding Fathers set up two right thing to do. tion is heard. The Republican leader. equal branches within the legislative The majority of the Senate—in fact, Mr. MCCONNELL. I believe I have branch. The House is just as powerful 59 Senators—approved what we are try- the floor. as we are. They have every right to do ing to do today. I say to all my friends, The path the majority leader just what they think is right, as we do, and even if this request were granted and I recommended we go down leads to a they, on a bipartisan basis, 6 to 1, laid this out in some detail, the House Presidential veto and an expiration of passed this bill. We are not jamming would not be able to pass it. this law at the end of the week and a anything down anyone’s throat. The I wish I could use a better term, but certain doc fix rejection. In other House of Representatives passed this I did not graduate from Harvard, Yale, words, the doctors cut is going to go on a bipartisan basis because it was the or Princeton. This is a phony excuse, into effect at the end of this month be- right thing to do. We have read into this is a phony exercise and leads us cause of this recalcitrant view, this ex- the RECORD the apology of one of the 59 only down one path—no help for pa- cessively partisan approach that re- who recognized he voted wrong, and he tients and cuts for doctors. fuses to accept any input from this side apologized. By the way, I don’t mean to dispar- of the aisle. Mr. MCCONNELL. Mr. President, will age those schools. They are OK. We have all known the way forward. the majority leader yield for a ques- If my Republican friends truly want- In fact, Senator GRASSLEY and Senator tion? ed to prevent the physician fee cut BAUCUS working together started the Mr. REID. In just a minute. A veto from taking effect, they would have way forward months ago by working by the President? Gee whiz, who would supported passage of this bill. In the together to get a bipartisan agreement, be afraid of him? He has a 29-percent record that is now before this body are which is the way we have typically approval rating. How in the world more than 200 organizations that are done these periodic Medicare bills. But, could anybody be afraid of him vetoing begging that this legislation pass. This no, my good friend the majority leader a bill? I cannot imagine why anyone is the only bill we can send to the jerks him back in and says: We want to would care about that. President in time to meet the deadline, do this on a strictly partisan basis. We We have tried to pass tonight on the the deadline that is established by law, don’t care whether the President will Senate floor a bill we received from the July 1. The House did its work. They veto the bill. House of Representatives that was ap- passed a bipartisan compromise by a 6- Here we are a few days before the proved by Republicans and Democrats. to-1 margin, 355 House Members to 59. doctors receive this unconscionable It has been through the committee Moreover, even if the 31-day proposal cut, and the majority is saying it is process over there and over here as a could be passed, it does not solve any more important to play politics with result of all the work that has been problems. It is an administrative this issue, to brag about the fact there done. And to think at this late hour, nightmare. Medicare physicians and are 59 Democrats who voted to go for- recognizing the House is not going to the beneficiaries they serve want the ward, to talk, of all things, during the do anything—the Speaker has told us House-passed bill. They are not served Medicare debate about who won special that. They passed a bill 6 to 1. Why by this false proposal. elections for the House of Representa- would we even think they would take I, of course, object, as I hope the tives in Illinois, Mississippi, or Lou- anything? The Speaker and the major- record reflects, to this request and isiana. What in the world does that ity leader of the House said: We are not hope that my Republican colleagues have to do with the subject matter? going to deal with this anymore. will finally—one more, we only need The subject matter before us is not We are going to have another oppor- one, one more Republican will do the playing political games not bragging tunity—I want everyone over here, all right thing. I have said we are all here about the fact that every Democrat my friends to understand that during by virtue of being elected by our re- voted to go forward. We ought to be the next 10 days, think about how you spective States. I had out here earlier talking about the reality of this situa- are going to vote on this the next time today our Velcro chart, 79 filibusters. tion. And the reality is that the refusal because you are going to have that op- Is it any wonder that the House seats of the majority to approach this issue portunity. You go home and explain to that came up during the off year— on a bipartisan basis, as has been typi- all the 200-plus organizations whose Hastert’s went Republican, a Repub- cally done in the past, will lead to a names are in this RECORD right now, lican district that went Democratic; a Presidential veto, a reduction in the explain to them how you were doing seat in Louisiana that was a longtime reimbursement rates for doctors, an ex- the right thing because you were afraid

VerDate Aug 31 2005 05:25 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.126 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6234 CONGRESSIONAL RECORD — SENATE June 26, 2008 President Bush was going to veto a this supplemental. It comes to us from hind a $300 bill due the Veterans’ Ad- bill. the House with a vote, I recall, of 416 to ministration for education benefits— I will be happy to yield for a ques- 12. The President asked for most of the that they were not able to finish be- tion. provisions in this bill. The one provi- cause they gave their life in the war— Mr. MCCONNELL. When the Presi- sion I would like to speak very briefly would then get a bill from the Vet- dent of the United States vetoes a bill, about tonight is the GI bill provision erans’ Administration for that $385? In it doesn’t become law, right, unless it that is in this supplemental. This is fact, Mr. President, that is what has is overridden? not an expansion of veterans’ benefits. been happening since we went into the Mr. REID. Absolute truth. This is a new program. This is the first war on terror. Mr. MCCONNELL. So if the President wartime GI bill benefit since Vietnam. The Secretary of Veterans Affairs vetoes this bill, it is not likely that the I wish to thank very much people on asked me to introduce a bill so he fix will be prevented at the end of the both sides of the aisle for all the work would not have to do that because he week; is that right? we have been able to do. There were 11 knew it was wrong and that we Mr. REID. I say to my friend and I Republicans who cosponsored this pro- wouldn’t want it being done. This bill say I don’t know how many people are vision, in addition to others who voted we are voting on tonight will go retro- up here for reelection, but I am watch- for it the first time around. There were active to 9/11, 2001, and it will assure ing a few of them pretty closely, I say more than 300 sponsors in the House. that every family who has been sent a to all these people who are up for re- Those sponsors in the House included bill and paid that bill, after their loved election: If you think you can go home 90 Republicans. one has died in service to their coun- and say, I voted no because this weak I especially express my appreciation try, will be reimbursed, and no bill will President, the weakest political stand- to Senator HAGEL and Senator WAR- ever go out again. That is in this bill, ing since they have done polling, I NER, as well as Senator LAUTENBERG, and I am very proud we finally passed voted because I was afraid to override for being the principal cosponsors it. his veto—come on. along with me on this measure, also Also in this bill is the Merida Initia- tive, as part of the supplemental. In The PRESIDING OFFICER. The Re- Chairman AKAKA of the Veterans’ Af- publican leader. fairs Committee and the majority lead- my home State, and all the border States with Mexico, we are seeing vio- Mr. MCCONNELL. We probably don’t er, who was with us early on. lence with drug cartels that are now need to prolong it much further, but in There are people on my staff who targeting our law enforcement officers spite of the political observations of were working on this every day for 18 on our side of the border as well as my good friend, the fact is, the Presi- months, it is a very complex bill: Paul those in Mexico. They are dying trying dent, as a matter of principle, will not Reagan, my chief of staff; Michael to stop the drug cartels that are im- sign this bill. At the end of the week, Sozan, my legislative director; William porting drugs into our country. The the doctors’ reduction in reimburse- Edwards, my legislative assistant for Merida Initiative that President Bush ment will go into effect. There is a way veterans’ affairs; Jacki Ball; Jessica and President Calderon have put to- to prevent that, and that is to do a Smith and Kimberly Hunter, who are on our communications staff; Phillip gether is a part of this supplemental. I short-term extension to give us an op- had hoped that we could also help our portunity to do what we have done in Thompson and Mac McGarvey, both former Marines, who worked hard early local law enforcement officials who do the past on these measures, and that is not have the equipment they need to on. And those from the staff of the negotiate a settlement. That has been deal with these more violent, more so- Committee on Veterans’ Affairs: Bill prevented by my good friend. phisticated drug cartels, but I am tell- Brew, staff director, and Babette I think we have discussed this issue ing you right now I am going to pursue Polzer. long enough. We have others waiting to that in the next bill we pass that is an This is a landmark piece of legisla- debate the supplemental. appropriations bill because our local tion that will be in this provision. The PRESIDING OFFICER. Under law enforcement officials are certainly There are going to be a lot of veterans the previous order, the motion to pro- in need of our help. ceed to H.R. 6331 is withdrawn, and the in the United States who are going to We didn’t get that in this bill, and I bill is returned to the calendar. be very happy with the Senate tonight. am disappointed, but there will be an- I yield the floor. other day. We have to do this together. f The PRESIDING OFFICER. Who We have to stop the drug infusion into yields time? The Senator from Texas is SUPPLEMENTAL APPROPRIATIONS our country and stop these heinous recognized. ACT, 2008 crimes that are being committed by Mrs. HUTCHISON. Mr. President, I The PRESIDING OFFICER. The the drug cartels in Mexico. Chair lays before the Senate a message know the time is late. This is a very So I support this bill. I hope we will from the House. important bill. It is one that has many all support it. It is a supplemental. The legislative clerk read as follows: good features, and the good features Most of it is what the President asked certainly outweigh the bad features. I for. We didn’t all get what we wanted, Resolved, That the House agree to the know we never get everything we want amendments of the Senate to the amend- but it is a worthy bill to support. ments of the House to the amendment of the in Congress. We certainly heard a lot Mr. President, I yield the floor. Senate to the bill (H.R. 2642) entitled ‘‘An about that a few minutes ago. I wish to The PRESIDING OFFICER. The Sen- Act making appropriations for military con- talk about a couple of very important ator from Oklahoma is recognized. struction, the Department of Veterans Af- parts of this bill. Mr. COBURN. Mr. President, I plan fairs, and related agencies for the fiscal year Also in the GI bill is something I to raise a point of order in a moment, ending September 30, 2008, and for other pur- worked very hard to put in that bill, but first I wish to make a statement. poses,’’ with amendments. which is the transferability of the edu- The emergency spending bill being The PRESIDING OFFICER. Under cation benefits that a person in the considered by the Senate would provide the previous order, the motion to con- military now is able to transfer to a $210 million for the 2010 Census. No cur in the House amendments to the spouse or children. strings are attached to the funding, Senate amendment to the House There are many people who don’t giving the Census Bureau freedom to amendment to the Senate amendment want to leave the military to take that spend the money in any way it chooses. to the bill is considered made. education opportunity, but they would While the mission of the Census Bureau The Senator from Virginia is recog- love to give their spouse or their child is vitally important because of its role nized. that opportunity. It is now in this bill. in apportioning the House of Rep- Mr. WEBB. Are we in order to pro- Very important. resentatives and the distribution of bil- ceed on the supplemental? It also incorporates a bill that I in- lions of dollars in federal grants, the The PRESIDING OFFICER. The Sen- troduced early this year, again, for vet- agency has proved to be notoriously ator is recognized for up to 5 minutes. erans. Who would have thought, Mr. bad at spending taxpayer money—and Mr. WEBB. Mr. President, I don’t ex- President, that someone who dies serv- the last thing Congress should do is pect very many people to vote against ing our country in Iraq and leaves be- provide more.

VerDate Aug 31 2005 05:25 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.123 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6235 Emergency spending bills should be online according to the Pew Internet It is not permanent—the need is tem- reserved only for true emergencies, and and American Life Project, 75 percent porary in nature. the 2010 Census is not one of them. The of all adults are actively online. That Not only does funding for the Census Census Bureau has spent hundreds of percentage increases to between 85–90 fall short of meeting all of the criteria millions of dollars over the past 8 years percent for adults under the age of 50. for emergency spending, it actually preparing for the 2010 Census. Yet, even According to the Census Bureau, the fails to meet any of the criteria. that much time and that much money impact of abandoning technology in According to Senate Concurrent Res- has not been enough to prevent the Bu- the 2010 Census will be a $3 billion over- olution 21, any emergency funding for reau from being woefully underpre- run. This would bring the total price the Census would have to be ‘‘nec- pared. tag of the 2010 Census to roughly $14.5 essary, essential, or vital—not merely One of the top priorities for the 2010 billion—or more than double the cost useful or beneficial.’’ The purpose of Census was modernizing the method for in 2000. Congress should not reward this rule is to separate true emer- collecting census data so that tech- mismanagement at the Census Bureau gencies from needs that can wait for nology would replace the traditional with an additional $210 million in the regular appropriations process. An pen and paper method. One former Di- emergency funding for FY 2008. It is accurate count of the population is im- rector of the Census Bureau called the unfair that Congress would ask tax- portant for apportioning the House of modernization effort a ‘‘significant im- payers to bail out the Census Bureau Representatives, but that alone does provement’’ over the way data had for its incompetence in light of the re- not qualify it for emergency funding. been collected in the past. peated warnings that cost overruns One of the best ways to determine Modernization of the census would would result from its poor manage- whether funding is ‘‘necessary’’ or take two forms: ment. ‘‘vital’’ is to ask the following basic First, allowing citizens to fill out Because the problems of the Census question: ‘‘How does the Census Bureau census forms over the Internet, rather Bureau are of its own making, any ad- plan to spend $210 million?’’ If funding than on paper only. ditional funding needs for fiscal year is truly necessary then there should be Second, equipping census workers 2008 should come out of the budget of a clear answer to that question in the who go door-to-door to collect informa- the Census Bureau or the Department form of a specific plan stating the tion with handheld computers instead of Commerce. The real ‘‘emergency’’ emergency and how the money would of paper forms. with the 2010 Census is the failure, mis- be spent. So, what is the money for? Two contracts were awarded to build management and incompetence of the The answer is: no one knows. the technology: one to Lockheed Mar- Census Bureau. The Census Bureau has not requested tin for, among other things, the devel- According to Congress’ own rules, any emergency funding from the emer- opment of an online system and a sec- emergency spending is only allowed for gency supplemental appropriations ond to the Harris Corporation for the needs that truly cannot wait until the bill, nor has it provided a plan for how development of the handheld com- next spending cycle. These rules are the money would be spent if received. puters. Unfortunately, mismanagement not difficult to understand and lay out At a March 6, 2008, hearing of the Sen- and incompetence forced the Census clearly what is and what is not an ate Appropriations Subcommittee on Bureau to abandon both the Internet in emergency. Commerce, Justice, and Science, Chair- There are many activities funded in March 2006 and the handheld computers man BARBARA MIKULSKI directly asked in April 2008 as a means of collecting the bill that are not actual emer- both the Commerce Secretary, Carlos data. In place of technology, the Bu- gencies according to the rules, but at Gutierrez, and the Census Director, reau has decided to revert back to an the top of the list of non-emergencies Steven Murdock, whether they needed is the $210 million for the 2010 Census. entirely paper-based system—exactly emergency funding. Sen. MIKULSKI The 2010 Census may go down in his- the same way census data was col- gave them a deadline of April 10 to tory as one of the worst managed and lected 200 years ago. make their request, but both the Sec- According to the Census Bureau, the most expensive of all time, primarily retary of Commerce and the Director of because it saw enormous problems on reason for abandoning technology and the Census Bureau declined to request the horizon and chose to ignore them— reverting to paper was its own failure any funding. In response, the Com- leading to the emergency today. to communicate what it wanted to the Problems at the Census Bureau have merce Department stated that it did contractors. The result was a great been obvious to auditors and to Con- not need emergency money because deal of confusion, schedule delays and gress for years, and the funding in this plenty of funding was available within irreversible cost overruns. According bill is nothing more than a taxpayer- the department’s existing budget. On to the Government Accountability Of- subsidized bailout for a mismanaged April 3, 2008—a week ahead of Sen. MI- fice, the Census Bureau was warned re- and incompetent agency. The Senate KULSKI’s deadline—Secretary of Com- peatedly that problems would mount if should uphold a point of order against merce Gutierrez instead sent Congress it failed to define what it wanted the the $210 million included in this bill for a request to allow the Department to contractor to do. Instead of taking ac- the 2010 Census because it violates reprogram the department’s existing tion, the Bureau kept changing its every definition of emergency spending funds to cover the cost overruns at the mind about what it wanted. As re- and provides no accountability for how Census Bureau. Reprogramming exist- cently as January 16, 2008—nearly 2 the money will be spent by an agency ing funds would force the Department years after the contract was awarded— that has proven that it desperately of Commerce to offset an increase in the Census Bureau made 400 changes to needs accountability. Census funding and to bear the burden the contract for handheld computers. According to the rules, spending can of its own mistakes rather than placing To this day, the Census Bureau has only qualify as an emergency if it the burden on taxpayers. On June 9, still not finalized the handheld com- meets all of the following criteria: the President sent a letter to Congress puter contract with the Harris Cor- It is a necessary expenditure—an es- asking for an increase to its fiscal year poration and may not do so until Sep- sential or vital expenditure, not one 2009 budget request for the Census, but tember. that is merely useful or beneficial; also provides offsetting decreases to The Census Bureau’s mismanagement It is sudden—coming into being other programs. The Administration of the handheld computer contract has quickly, not building up over time; has stated that it would like for all become the poster-child for how not to It is urgent—a pressing and compel- Census money to come from non-emer- run a large information technology ling need requiring immediate action; gency spending, which would ensure contract. Poor management by the Bu- It is unforeseen—not predictable or that the Census Bureau’s needs are not reau has diminished the role that tech- seen beforehand as a coming need, al- paid for out of deficit spending. nology will play in the 2010 census to though an emergency that is part of an Unfortunately, Congress has chosen the point of embarrassment. Americans overall level of anticipated emer- deficit spending over fiscal responsi- will take their Census by paper at the gencies, particularly when estimated bility by including $210 million in this same time that more than 80 million in advance, would not be ‘‘unforeseen’’; bill for the Census. Congress would people are filing their Federal taxes and rather spend additional taxpayer

VerDate Aug 31 2005 05:25 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.058 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6236 CONGRESSIONAL RECORD — SENATE June 26, 2008 money than cut existing program budg- cluding how to incorporate technology. July 2007—GAO testified again before ets within the Department of Com- The Census Bureau ignored the rec- a Senate subcommittee that there were merce. Including money in this bill for ommendation and moved forward with- ‘‘technical problems with the handheld the census shows little regard for tax- out a plan. computing devices’’ and that ‘‘risk payers, viewing them as a source of September 2004—The Commerce In- management activities’’ were ‘‘impera- easy money rather than as people who spector General warned that the Bu- tive.’’ Failure to address these con- work hard for their income. Congress is reau should follow a number of key cerns could threaten to overtake the simply playing games with the budget ‘‘software engineering practices’’ to handheld computer project. rules and driving up the deficit. avoid pitfalls with the handheld com- October 2007—Once again GAO, with Senate rules require that emergency puters. These included doing a better a rising sense of urgency, warned that spending bills be reserved only for job with ‘‘system requirements’’ and the handheld contract faced ‘‘an in- needs that are ‘‘sudden, urgent and un- overseeing its contractor. The contract creased probability that decennial sys- foreseen’’ in nature. The United States for the handhelds was awarded to the tems will not be delivered on schedule has been conducting a census every 10 Harris Corporation with very few de- and within budget.’’ The Census Bu- years since 1790 as required by the Con- tails about what should be produced— reau did not disagree with this assess- stitution and therefore is never unfore- more than two years later the plans ment. seen. are still not finalized. November 2007—MITRE Corporation The Census Bureau is, however, cur- June 2005—GAG warned the Census executives called an emergency meet- rently facing a likely $3 billion cost Bureau that the agency was ‘‘at in- ing with the Deputy Director of the overrun for the 2010 Census because of creased risk of not adequately man- Census to recommend that he develop a its decision to abandon the use of aging major IT investments and is backup plan for paper because the handheld computers and rely exclu- more likely to experience cost and problems with the handheld computers sively on paper. Only by stretching the schedule overruns and performance were so severe. meaning of ‘‘sudden, urgent and un- shortfalls.’’ GAO made several rec- December 2007—In the last days of foreseen’’ beyond recognition can it be ommendations aimed at improving the year on December 11, the outgoing said that the Census Bureau did not see weaknesses in the Bureau’s manage- Director of the Census Bureau testified this problem coming. More than 18 ment of information technology. The at a House hearing about the handheld months ago, the Census Bureau itself Census Bureau failed to adequately re- computers and brushed off any con- recognized that abandoning the spond to these recommendations. cerns raised by Members. He denied handheld computers for paper would re- March 2006—As the Bureau was get- that any serious problems existed or sult in a cost increase for the 2010 Cen- ting ready to award the contract to the that there were any significant delays Harris Corporation, GAO warned that sus of at least $1 billion. or cost overruns. For years, there were warnings raised On August 31, 2006, Former Census the agency did not have a ‘‘full set of to the Census Bureau on nearly a Director Louis Kincannon wrote a let- capabilities they need to effectively monthly basis at times, but those ter to the Subcommittee on Federal manage the acquisitions.’’ Unless the warnings were patently ignored and Financial Management with the fol- problem was to be addressed, GAO disdained by Census management. Not lowing warning about reverting to a warned that technology problems could lead to ‘‘cost overruns, schedule delays, until February 2008—when the media paper-based census: caught wind of the true situation—did ‘‘In addition to significant cost in- and performance shortfalls.’’ The Cen- the Census Bureau acknowledge pub- creases to the 2010 Census, reverting to sus Bureau ignored the warnings and licly that there was a serious problem a paper-based operation will com- still has not addressed them more than with the handheld computers and that promise efforts to improving coverage two years later. June 2006—The Senate Subcommittee large cost overruns were likely. . . . and will significantly increase the on Federal Financial Management held In testimony before the Senate risk of operational failure during the a hearing on the Census and then-Di- Homeland Security Committee on 2010 Census.’’ rector Louis Kincannon was asked March 5, 2008, the Secretary of Com- Even as that letter was written, the about whether there was a backup plan merce, Carlos Gutierrez, took it one Census Bureau was being warned that if the handheld computers did not step further and accepted responsi- its poor management of the handheld work. Even as the GAO was raising bility for failing to act earlier. He said: computer project could force the Bu- concerns that technology for the 2010 ‘‘Clearly the problem was more sig- reau to revert to an all-paper census. Census was in jeopardy, the Director nificant than had been conveyed in the The problems and cost overruns that said that no backup plan was needed December 11 hearing. are materializing today were predicted since the computers were guaranteed In testimony before the Committee publicly for a long time, but the Census to work, and said the following: on April 15, Secretary Gutierrez admit- Bureau ignored the warnings and took ‘‘You might as well ask me what hap- ted that the Bureau was aware of prob- no action to prevent the problems. pens if the Postal Service refuses to de- lems by early 2007, when he said: Chairman HENRY WAXMAN, of the liver the census forms.’’ ‘‘Concerns about the [handheld com- House Oversight and Government Re- July 2006—GAO issued a report stat- puter) program grew over time and form Committee, has extensively docu- ing that if the Census Bureau did not Census and Commerce officials became mented the warnings that were given do more to ensure the success of the increasingly aware of the significance to the Census Bureau over several handheld computers, it would be faced of the problems through GAO and Of- years. In addition, the Census Bureau with the ‘‘possibility of having to re- fice of Inspector General reviews, the was warned repeatedly by the Govern- vert to the costly paper-based census 2007 dress rehearsal and internal as- ment Accountability Office, the Com- used in 2000.’’ sessments.’’ merce Inspector General, the MITRE April 2007—GAO testified before Con- None of these concerns were relayed Corporation and Congress about its gress that ‘‘uncertainty surrounded’’ to Congress until it was too late and poor planning of the 2010 Census. Each the handheld computers because the emergency funding was the only re- step along the way, the Bureau system- devices were not being properly tested course. With this chronology of events, atically ignored every warning, leading and The Census Bureau ignored the it is simply not possible to claim that to the schedule delays and cost over- warnings. any problems with the 2010 Census runs being experienced today. The fol- June 2007—The Census Bureau’s pri- being seen today are ‘‘sudden, urgent lowing chronology shows clearly that vate, independent consultant—the and unforeseen.’’ They have been just the current problems being experienced MITRE Corporation—sounded a loud the opposite: unsurprising, long- by the Census Bureau are not ‘‘sudden, alarm and warned that the Bureau’s standing and predictable. urgent or unforeseen.’’ continued refusal to make final speci- Without diminishing the importance January 2004—GAG recommended fications could put the entire census at of the 2010 Census, the funding in this that the Secretary of Commerce de- risk of severe cost overruns. Census bill does not meet the definition of an velop a ‘‘single integrated project Bureau management dismissed the emergency by a long shot. The prob- plan’’ for executing the 2010 Census, in- warning. lems surfacing today were not only

VerDate Aug 31 2005 06:36 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.061 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6237 predicted many times in the past few ported that: ‘‘The bureau did not begin In March 2008, Representative CARO- years, but were documented publicly in detailed budgeting for a nonsampling- LYN MALONEY called the management numerous congressional hearings. A based census until after the Supreme of the 2010 Census a ‘‘mess’’ and said vote to waive the rules on emergency Court ruled that the Census Act pro- that ‘‘what we’re facing is a statistical spending in this situation is a vote to hibited the use of statistical sam- Katrina.’’ In April 2008, upon hearing render the emergency spending rules pling.’’ Thus, poor planning and mis- that the Census Bureau decided to meaningless. A vote to waive the rules management forced the Census Bureau abandon the handheld computers, she is also a vote to reward incompetent to request an additional $2.6 billion said: ‘‘It brings little satisfaction to management at the Census Bureau de- from Congress during the final year of have been right about this, but we’ve spite its ignoring years of repeated preparations. said since last year the Census was in warnings that problems were on the Congress was faced with the decision real peril.’’ horizon. to either cut $2.6 billion from existing Representative HENRY WAXMAN, In order to qualify for emergency programs or designate the new funding Chairman of the House Oversight and funding, it must be proved that funding as an emergency. Not surprisingly, Government Reform Committee, for the 2010 Census is ‘‘temporary in Congress chose to designate the $2.6 blamed the cost overruns on ‘‘serious nature.’’ The rule is intended to ensure billion as an emergency since it al- mismanagement’’ and said that ‘‘the that needs that are long-standing or lowed the funding to get around the costly decision to return to a paper ongoing do not get funding under emer- budget rules that would have otherwise census was avoidable.’’ gency rules. Rather, only those needs required spending cuts. It is the worst At a hearing in March, Senator TOM that are short-lived can qualify as an kept secret in Washington that emer- CARPER, Chairman of the sub- emergency. gency spending is nothing more than a committee with jurisdiction over the No activity of the U.S. Government ploy by politicians to bust through the Census Bureau, said that ‘‘the Census has existed for a longer period of time budget caps and spend more money. Al- Bureau did not heed the warnings com- nor has an activity of the government though Members of Congress were ing from GAO and others that their been as predictable as the decennial spared from having to make any dif- handheld project was troubled.’’ census. Article 1, Section 2 of the Con- ficult choices, taxpayers were not so Representative LACY CLAY, who stitution states that ‘‘The actual Enu- lucky. chairs the House Census Subcommittee meration shall be made within three Today, for the 2010 Census, Congress said, ‘‘This appalling failure of man- Years after the first Meeting of the is once again facing a decision about agement oversight by both the Census Congress of the United States, and how to come up with $3 billion. And, Bureau and Harris Interactive, com- within every subsequent Term of ten once again it wants to pay for it on the bined with ridiculous cost overruns is Years, in such Manner as they shall by backs of the American people. Manage- totally unacceptable.’’ Representative Law direct.’’ With these words, the ment at the Census Bureau is smart CLAY also said: ‘‘[Harris] is delivering Founding Fathers established that a enough to know that Congress will half of the hand-held computers that census of the entire population would never hold the agency accountable for the Census Bureau originally ordered. be taken every ten years in perpetuity. its mismanagement of taxpayer dol- The machines can’t do what we wanted Since the birth of the Nation more lars, as evidenced by the $210 million in them to do. And yet, Harris expects the than 230 years ago, a census has been this bill. Congress should begin holding taxpayers to provide more than $700 taken every 10 years—few things in the Census Bureau accountable today million more to pay for their failures. government are as permanent as the and sustain the point of order against That is outrageous.’’ emergency funding for the census in census. Senator JOE LIEBERMAN said that ‘‘it It should come as a surprise to no this bill. is inexcusable that the Census Bureau one that there will be a census in 2010, MEMBERS OF CONGRESS HAVE REPEATEDLY must still rely on paper and pencils to least of all to Congress and to the Cen- NOTED THAT CENSUS PROBLEMS WERE A FAIL- perform its most important function.’’ URE OF MANAGEMENT, NOT THE RESULT OF AN Senator SUSAN COLLINS, in discussing sus Bureau. $210 million in emergency EMERGENCY spending should not be included in a By providing $210 million to the Cen- the management of the census, said bill that is intended only for measures sus Bureau, Congress is disregarding that ‘‘there is little to applaud and that are ‘‘not permanent’’ or ‘‘tem- the findings of its own committees. much to be concerned about.’’ Senator porary.’’ There have been no fewer than five COLLINS went to blame agency manage- The Census Bureau finds itself today committee hearings in the past 3 ment for a ‘‘combination of wishful as the recipient of a bailout from Con- months detailing the long-standing thinking, lax management, and tunnel gress because it has been taught by failures of the Census Bureau to prop- vision.’’ past experience to expect a bailout erly manage the 2010 Census. Even the Secretary of Commerce, whenever times get tough. The exam- Several members of Congress from Carlos Gutierrez, who is ultimately re- ple of the 2000 Census provides an illus- both parties and both houses have com- sponsible for the 2010 Census, said that tration of how the expectation of a mented over the past several months the problems with the handheld com- congressional bailout drives up costs about the poor management of the Cen- puters are not the result of an unex- because it decreases concerns about sus Bureau and the shocking indiffer- pected emergency, but is ‘‘a manage- getting the best price. ence it showed towards those that tried ment problem.’’ By the late 1990s, census planners to raise a warning. The following state- THE CENSUS BUREAU HAS A POOR TRACK RECORD were operating under the assumption ments have been made in recent OF USING TAXPAYER MONEY that the 2000 Census would cost $4 bil- months by various Members of Con- The Census Bureau has one of the lion—then the most expensive of all gress. worst track records of any federal time. At the time, the Census Bureau On March 6, the Chairman of the Sen- agency when it comes to spending tax- was planning to use a method of data ate Commerce, Justice and State Ap- payer money. Numerous accounts can collection known as ‘‘sampling’’ during propriations Subcommittee, Senator be given to highlight the way in which the 2000 Census. On January 25, 1999, BARBARA MIKULSKI, said that it was the Census Bureau wastes money only 15 months before Census Day 2000, ‘‘shocking’’ that the 2010 Census will be through negligence, mismanagement the Supreme Court ruled that sampling done the same way ‘‘we’ve been doing and incompetence. The $210 million in was not allowable, and that the Census censuses for 200 years.’’ Senator MIKUL- emergency funding in the bill is noth- Bureau would have to redesign the 2000 SKI also stated that ‘‘a paper census in ing more than rewarding bad behavior Census. America borders on a scandal.’’ with more money and no account- Although the issue was highly con- On June 18th, the ranking member of ability. troversial, and subject to a ruling by the CJS Subcommittee, Senator RICH- Consider the following ways in which the Supreme Court, the Census Bureau ARD SHELBY, said that the $3 billion the Census Bureau has done a poor job failed to make any plans whatsoever in cost overrun is the result of ‘‘gross of controlling the cost of the census: the event that sampling would not be mismanagement of the Census Bureau The cost of the census has doubled allowed. In September 1999, GAO rein acquiring hand held computers.’’ every time it has been taken since 1970.

VerDate Aug 31 2005 06:36 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.064 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6238 CONGRESSIONAL RECORD — SENATE June 26, 2008 In 1970, it cost only $248 million to constitutional duties to pass appropria- Secretary Gutierrez says there is count 200,000 American citizens, but in tions bills on time. plenty of money in the Commerce De- 2010, it will cost nearly $15 billion to Also, as I already stated earlier, it is partment to cover this cost, and I am count 300,000 citizens—that means it not clear what this money would actu- going to raise a point of order that it is will cost 60 times more to count 11⁄2 ally be used for and so it is impossible not an emergency. There is plenty of times as many people. In the 1990 Cen- to say it is essential. It is incompre- money there, and we are sending ex- sus it cost $10 per person to count the hensible why the Census Bureau needs actly the wrong message to every other population—in the 2010 Census, it will an extra $210 million at this point when agency in this Government by allowing cost at least $47 per person. it is planning to spend an overall an agency that is going to do the cen- More recently, the Census Bureau amount of $14.5 billion on the 2010 Cen- sus the same way it did 200 years ago awarded a $600 million cost-plus con- sus. That is more than twice as much because of incompetency. We are going tract to the Harris Corporation for the as the cost of the 2000 Census that was to give them $200 million on an emer- development of handheld computers, done the exact same way—by pencil gency basis, and we are going to charge which has skyrocketed above the origi- and paper. the next generation because we are not nal plan. The handheld computers were There are plenty of deficit-neutral going to pay for it. We are going to supposed to perform a number of func- options available to provide funding for borrow the money, and we are going to tions, including two functions called the 2010 Census, including transferring embrace and endorse incompetence. Address Canvassing and Non-Response money already available within the De- So, Mr. President, I raise a point of Follow Up: partment of Commerce. Or, Congress order, pursuant to section 204(a)(5) of Address Canvassing is the process of could cut or eliminate less important the fiscal year 2008 budget resolution, plotting every American household programs to free up money for the 2010 S. Con. Res. 21, against the emergency with a GPS coordinate. Census. designation of $200 million for the Cen- Non-Response Follow Up is the proc- Furthermore, some may argue that sus Bureau in the message in the pend- ess of collecting information door-to- the concerns about poor management ing amendment, and I ask for the yeas door from households that don’t re- at the Census Bureau can be dealt with and nays. spond to the census by mail. another time—the most important The PRESIDING OFFICER. The Sen- Due to mismanagement by the Cen- thing is getting the 2010 Census done ator from Washington is recognized. sus Bureau, the project has not only right and without delay. Mrs. MURRAY. Mr. President, the been severely scaled back but the cost I would respond by noting that this Senator from Oklahoma has raised a of the contract will likely double. In country is always in the middle of point of order, and I want all our col- April, the Secretary of Commerce de- preparations for the next decennial leagues to know that his point of order cided to eliminate Non-Response Fol- census—if management concerns are lies against the emergency designa- low Up from the list of functions that always pushed back then they will tions for the census funding, as he has the handheld computer would perform, never be addressed. Providing a bailout just talked about, but in reality his leaving only Address Canvassing. The for the Census Bureau now is tanta- point of order lies against all the emer- Harris Corporation estimated that the mount to excusing the poor manage- gency spending in this amendment, in- impact of that decision so close to the ment that has prevailed at the agency cluding the veterans education funding 2010 Census would increase the cost of for the better part of a decade. and the extension of unemployment the contract from approximately $600 Report after report by the GAO and benefits, and against the disaster re- million to $1.3 billion—an overrun of the Inspector General have called upon lief. $700 million to be funded by taxpayers. the Census Bureau to improve its poor So I urge our colleagues to vote with According to estimates based on the management of the 2010 Census. Each us on the point of order. It has already new contract, the unit cost for each of those reports and warnings were ig- been part of the agreement. I ask for handheld computer would be $600 for a nored because, ultimately, the agency the yeas and nays on the motion. device that can do nothing more than knew that Congress didn’t care about The PRESIDING OFFICER. Under plot homes on a map using GPS coordi- accountability. Congress should deal the previous order, the motion to waive nates. This means that the Census Bu- with the management concerns imme- the Budget Act is considered made. reau will pay $600 for a custom-made diately and start by withholding the Is there a sufficient second? There is handheld device that can do less than bailout money in this bill. a sufficient second. Mr. President, this is a simple point an off-the-shelf BlackBerry that costs The question is on agreeing to the of order, but it has tremendous rami- $200 or an iPhone that costs $275. motion. One of the most glaring examples of fications on whether we are going to ef- The clerk will call the roll. wasted money at the Census Bureau is fectively oversight the rest of the exec- Mr. DURBIN. I announce that the seen in the recent cost overrun for a utive agencies. Senator from Massachusetts (Mr. KEN- technology help-desk planned for cen- Three and a half years ago, TOM CAR- NEDY) is necessarily absent. sus takers going door-to-door in 2010. PER and I started oversight hearings on Mr. KYL. The following Senator is The original for the help desk—before the census. At that time, GAO said: necessarily absent: the Senator from the decision was made to abandon tech- They are not going to make it. They Arizona (Mr. MCCAIN). nology for a paper census—was $36 mil- are not doing what they need to do. It The result was announced—yeas 77, lion. After the decision to use paper was totally ignored, both by the Census nays 21, as follows: only, the estimated cost of the tech- Bureau as well as the Department of nology help desk increased to $217 mil- Commerce. Now we find that even [Rollcall Vote No. 161 Leg.] lion. though they have had two contracts— YEAS—77 Some will argue that without imme- one with Lockheed and one with an- Akaka Coleman Lautenberg diate emergency funding, the Census other company—to put the census on- Alexander Collins Leahy Baucus Cornyn Levin Bureau will not be able to pull off the line—we are going to be the only mod- Bayh Dodd Lieberman 2010 Census, putting apportionment ern country that doesn’t have the cen- Bennett Dole Lincoln and important programs in jeopardy. sus online—they have totally withheld, Biden Domenici Lugar This is not true. The next fiscal year totally canceled that contract, and to- Bingaman Dorgan Martinez Bond Durbin McCaskill is only 3 months away and any funding tally didn’t perform. The other, to do Boxer Feingold McConnell that the Census Bureau needs can be with electronic data collection, is now Brown Feinstein Menendez provided then. There is no compelling a flop, and they admit the reason it is Brownback Hagel Mikulski Bunning Harkin Murkowski argument that emergency deficit a flop is because the Census Bureau did Byrd Hutchison Murray spending on the 2010 Census is needed not communicate with the contractor. Cantwell Inouye Nelson (FL) immediately. Perhaps the reason why In this bill is $210 million to say: Oh, Cardin Johnson Nelson (NE) $210 million is being included is be- we are sorry. We are going to give you Carper Kerry Obama Casey Klobuchar Pryor cause the Congress—like the Census more money because you didn’t do it Clinton Kohl Reed (RI) Bureau—is once again mismanaging its well. Cochran Landrieu Reid (NV)

VerDate Aug 31 2005 05:25 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.067 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6239 Roberts Snowe Vitter He wants money for roads in Ramadi This amendment includes $5 million to Rockefeller Specter Warner but not Richmond. The President increase FBI investigations, and the Salazar Stabenow Webb Sanders Stevens Whitehouse wants money for Mosul but not Min- committee will continue to hold hear- Schumer Sununu Wicker neapolis. He wants to reconstruct ings on fraud and waste in Iraq. Shelby Tester Wyden Baghdad but not Baltimore or Bir- Despite the positive measures for Smith Thune mingham. struggling Americans, our veterans, NAYS—21 Congress listened to the President. and their families included in this Allard Craig Gregg We had hearings on his request, and we amendment, I deeply regret that this Barrasso Crapo Hatch concluded that, notwithstanding his legislation will go to President Bush Burr DeMint Inhofe without the necessary checks to ensure Chambliss Ensign Isakson ill-considered veto threat, we would in- Coburn Enzi Kyl clude funding to help our citizens here that the war in Iraq is not open-ended. Conrad Graham Sessions at home. The majority of the American people Corker Grassley Voinovich The amendment that is before the have come to see this war as a costly NOT VOTING—2 Senate extends unemployment benefits mistake that needs to be brought to a Kennedy McCain for 13 weeks. Over the past year, the close. This legislation brings us no number of unemployed workers in this closer to that goal. The PRESIDING OFFICER. On this However, with this legislation, we vote, the yeas are 77, the nays are 21. country has grown by 1.6 million to a level of 8.5 million people. will once again take care of our troops. Three-fifths of the Senators duly cho- We also invest in America here at sen and sworn having voted in the af- I am pleased that the amendment includes critical funding for our vet- home. firmative, the motion is agreed to. There is more to do. I am dis- erans. I commend Senator WEBB and Mrs. MURRAY. Mr. President, I appointed that the White House Senator WARNER for their leadership in move to reconsider the vote. blocked our efforts to add funding to drafting legislation that provides our Mr. LAUTENBERG. I move to lay help the Gulf States recover from Hur- veterans with an education benefit that motion on the table. ricane Katrina, to provide additional The motion to lay on the table was that they have earned. We also have a moratorium on six low-income home energy assistance, agreed to. and to invest in our infrastructure. I burdensome Medicaid regulations. The Mr. BYRD. Mr. President, 1 year ago, have consulted with the leadership, and President wanted to pass billions of Congress sent the President a war next month, the committee will con- dollars of expenses on to the States for funding supplemental that included sider a second supplemental to deal rehabilitation services and school- clear direction to bring our troops with the Midwest floods, Hurricane home by December of 2007. The Presi- based services for children with special Katrina, and to make critical invest- dent chose to veto that bill. If he had needs. Congress said no. ments in America. signed that bill, most of our troops We have included $2.65 billion for dis- I urge adoption of the amendment. would be home today. aster assistance to help the victims of I ask unanimous consent that an ex- Instead of bringing our troops home, the Midwest floods, as well as other planatory statement be printed in the the President decided to increase our disasters that have happened over the RECORD. commitment of U.S. troops and treas- last year for which the President There being no objection, the mate- ure to a war that has now entered its sought no additional funding. We have rial was ordered to be printed in the sixth year. Over 4,100 U.S. servicemem- added funding for the Food and Drug RECORD, as follows: bers have died. Over 30,000 U.S. service- Administration to help protect our EXPLANATORY STATEMENT SUBMITTED BY members have been wounded. This food and drug supplies. We also modi- SENATOR ROBERT C. BYRD, CHAIRMAN OF year, the President asked Congress to fied the President’s request for the war THE SENATE COMMITTEE ON APPROPRIA- approve another $178 billion for this by adding $160 million to his request TIONS, REGARDING THE HOUSE AMENDMENT TO THE SENATE AMENDMENT TO HOUSE endless war. With enactment of this for funding DOD efforts in Afghanistan. We must never forget that those who AMENDMENT NUMBER 2 TO THE SENATE supplemental, Congress will have ap- AMENDMENT TO H.R. 2642 attacked us on 9/11 trained in Afghani- proved over $656 billion for the war in Following is an explanation of the fiscal Iraq. stan, not Iraq. We also include lan- year 2008 supplemental appropriations and Once again, the President threw guage mandating that Iraq match, dol- fiscal year 2009 appropriations in the further down the gauntlet and said he would lar for dollar, further U.S. contribu- amendment of the House to Senate amend- veto the supplemental bill if Congress tions to reconstructing Iraq. ment numbered 2 to House amendment num- added funding for anything other than This year, the Appropriations Com- bered 2 to the amendment of the Senate to the war. He made this demand at a mittee has held, and will continue to H.R. 2642, the Military Construction and Vet- hold, oversight hearings looking at erans Affairs and Related Agencies Appro- time when the U.S. economy is in trou- priations Act, 2008, including disclosure of ble. waste, fraud and corruption in Iraq. congressionally directed spending items as Under the President’s failed fiscal Unchecked corruption in Iraq is pro- defined in rule XLIV of the Standing Rules leadership, deficits and debt are on the viding much of the funding for the very of the Senate. rise. Unemployment is on the rise, with enemy our servicemen and women are The further House amendment provides the largest 1 month increase in 20 fighting—and President Bush has dem- that, in lieu of the matter proposed to be in- onstrated either unwillingness or an serted by the Senate, language be inserted years. Economic growth came to a vir- providing supplemental appropriations for tual halt at the end of last year. Food inability to check the flow of funds and military construction, international affairs, and fuel costs are dramatically climb- weapons from these sources to the disaster assistance, and other security-re- ing. Mr. President, 8.8 million home enemy. This amendment requires the lated and domestic needs, as well as lan- owners have mortgages that exceed the Secretary of State to develop a com- guage providing for accountability in con- value of their homes, and foreclosures prehensive anticorruption strategy and tracting, improved veterans education bene- have increased 57 percent. submit to Congress the identities of fits, temporary extended unemployment Iraqi officials believed to have com- compensation, and a moratorium on certain While saying no to funds for Amer- Medicaid regulations. The amendment also ica, the President wanted this Congress mitted corrupt acts. I am also pleased strikes lines 1 through 3 on page 60 of the to approve more funding to reconstruct that this legislation continues to pro- Senate engrossed amendment of September Iraq. We have already approved $45 bil- vide funding, funding not requested by 6, 2007. lion for reconstruction projects in Iraq. President Bush, for the Special Inspec- Unless otherwise noted, all appropriations Despite the fact that the Iraqi govern- tor General for Iraqi Reconstruction. in the amendment are designated as emer- As a result of our recent hearings on gency requirements and necessary to meet ment is running a huge surplus due to emergency needs pursuant to section 204(a) excess oil revenues, the President fraud and corruption in Iraq, we of S. Con. Res. 21 and section 301(b)(2) of S. asked this Congress to spend another $3 learned that there are only five FBI Con. Res. 70, the congressional budget reso- billion of American taxpayer dollars on agents assigned to investigate fraud in lutions for fiscal years 2008 and 2009. reconstructing Iraq. Iraq and Afghanistan. For this admin- NOTIFICATION OF EMERGENCY LEGISLATION The President wants money to build istration, look no evil, see no evil. The congressional budget resolution (S. schools in Sadr City but not in Seattle. Well, it is time to take our blinders off. Con. Res. 21) agreed to by Congress for fiscal

VerDate Aug 31 2005 05:25 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.049 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6240 CONGRESSIONAL RECORD — SENATE June 26, 2008 year 2008 includes a provision relating to the through funds made available to the Depart- CHAPTER 3—MILITARY CONSTRUCTION notification of emergency spending. This ments of State or Defense. AND VETERANS AFFAIRS provision requires a statement of how the SALARIES AND EXPENSES, UNITED STATES DEPARTMENT OF DEFENSE emergency provisions contained in the bill ATTORNEYS Iraq.—The Administration’s request has meet the criteria for emergency spending as The amended bill includes $5,000,000 for the been reviewed for military construction in identified in the budget resolution. The U.S. Attorneys for extraordinary litigation Iraq to ensure that the recommended amendment contains emergency funding for expenses associated with terrorism prosecu- projects are consistent with contingency fiscal year 2008 for overseas deployments and tions in the United States. other activities, for hurricane recovery in construction standards. The establishment the gulf coast region, for the 2008 Midwest UNITED STATES MARSHALS SERVICE of permanent bases in Iraq is not supported, floods, and other natural disasters, and for SALARIES AND EXPENSES and the amended bill does not include any other needs. The funding is related to unan- The amended bill includes $28,621,000 for funds to establish any such base, or convert ticipated needs and is for situations that are the U.S. Marshals Service. Within this fund- any base in Iraq from a temporary to perma- sudden, urgent, and unforeseen, specifically ing level is $7,951,000 to provide security at nent status. The amended bill includes lan- the global war on terror, the hurricanes of high-threat terrorist trials in the United guage prohibiting the obligation or expendi- 2005, the ongoing floods in the Midwest and States and $3,700,000 to improve court and ture of funds for Iraq construction projects other natural disasters, and rising unem- witness security in Afghanistan. provided under Military Construction, Army, and Military Construction, Air Force, until ployment. The amendment also funds the FEDERAL BUREAU OF INVESTIGATION costs of ongoing military deployments and the Secretary of Defense certifies that none SALARIES AND EXPENSES other requirements through the beginning of the funds are to be used for the purpose of months of the next fiscal year. These needs The amended bill provides $106,122,000 for providing facilities for permanent basing of meet the criteria for emergency funding. the Federal Bureau of Investigation (FBI). U.S. military personnel in Iraq. The Sec- This funding level includes $101,122,000 for TITLE I—MILITARY CONSTRUCTION, retary of Defense is further directed to pro- operations in Iraq and Afghanistan and for VETERANS AFFAIRS, INTERNATIONAL vide to the Committees on Appropriations of enhanced counterterrorism activities and AFFAIRS, AND OTHER SECURITY-RE- both Houses of Congress, no later than 30 $5,000,000 to increase the FBI’s capacity to LATED MATTERS days after enactment of this act, an updated investigate fraudulent contracts in Iraq and Master Plan for U.S. basing in Iraq, includ- CHAPTER 1—AGRICULTURE Afghanistan. The FBI is directed to provide ing an inventory of installations that have DEPARTMENT OF AGRICULTURE the House and Senate Committees on Appro- been closed; those that are scheduled to FOREIGN AGRICULTURAL SERVICE priations with a detailed plan for the obliga- close, and the timeline for their closure; and tion of these funds no later than 30 days PUBLIC LAW 480 TITLE II GRANTS a finite list of potential enduring locations after the enactment of this Act and to up- describing the mission, military construc- The amended bill provides a total of date this plan on a quarterly basis with action requirements, and projected population $850,000,000 to remain available until ex- tual obligations. of these locations. pended for Public Law 480 Title II Grants for The amended bill also provides $82,600,000 Child Development Centers.—The amended fiscal year 2008. The amended bill provides in bridge funding for the FBI to maintain the $350,000,000, as requested, for the urgent hu- bill recommends a total of $210,258,000 to de- operations described above into fiscal year sign and build twenty new child development manitarian needs identified by the adminis- 2009. tration. Further, the amended bill provides centers for the Army, Navy, Marine Corps, DRUG ENFORCEMENT ADMINISTRATION an additional $500,000,000 for unanticipated and Air Force. The Department should be cost increases for food and transportation to SALARIES AND EXPENSES commended for following the lead of Con- be made available immediately. The amended bill includes $29,861,000 for gress by requesting funds for additional child In addition, because the need for urgent the Drug Enforcement Administration to development centers. humanitarian food assistance and continuing further its narco-terrorism initiative and Op- Army Barracks Improvements.—The deplor- volatility of food and transportation costs eration Breakthrough; to conduct financial able conditions that have recently been un- are expected to continue into fiscal year investigations and to support intelligence covered in some permanent party Army bar- 2009, the amended bill provides a total of activities, such as signals intelligence, to as- racks, including those which house soldiers $395,000,000, as requested, to be made avail- sist the Government of Afghanistan’s returning from the wars in Iraq and Afghani- able beginning October 1, 2008. counter-narcotics and narco-terrorism pro- stan, have raised numerous concerns about CHAPTER 2—JUSTICE grams; and to purchase a helicopter for For- the adequacy of living conditions for mili- eign-deployed Advisory Support Team trans- tary personnel. The Army created a perma- DEPARTMENT OF JUSTICE portation. nent party barracks modernization program OFFICE OF INSPECTOR GENERAL BUREAU OF ALCOHOL, TOBACCO, FIREARMS AND in 1994 to eliminate inadequate barracks. The amended bill includes $4,000,000 for the EXPLOSIVES However, this program is not projected to be completely funded until 2013. Given this Office of Inspector General. The Inspector SALARIES AND EXPENSES General is directed to continue its audit and timeline, it is unacceptable that the Army oversight activities of the Federal Bureau of The amended bill includes $4,000,000 for the has allowed some of its existing permanent Investigation’s use of National Security Let- Bureau of Alcohol, Tobacco, Firearms and party barracks to fall into disrepair. While ters (NSLs) and orders for business records, Explosives for necessary costs of operations many of the repairs and upgrades to existing pursuant to Section 215 of the USA PA- in Iraq. barracks can be accomplished with TRIOT Act. FEDERAL PRISON SYSTEM Sustainment, Restoration, and Moderniza- tion (SRM) funds, there is a need for addi- LEGAL ACTIVITIES SALARIES AND EXPENSES The amended bill provides $9,100,000 for the tional military construction funds to expe- SALARIES AND EXPENSES, GENERAL LEGAL dite barracks replacements. The amended ACTIVITIES Bureau of Prisons to monitor communications of incarcerated terrorists, collect intel- bill includes a total of $200,000,000 for the The amended bill includes $1,648,000 for ligence, and disseminate relevant informa- Army to accelerate the construction of new General Legal Activities for the Criminal Di- tion to other Federal law enforcement agen- barracks, or to provide major renovations to vision to provide litigation support services cies. existing barracks. The funding is provided to the Special Inspector General for Iraq Re- subject to the development of an expenditure construction for its ongoing investigations GENERAL PROVISION, THIS CHAPTER plan to be submitted to the Committees on and cases involving corruption in the recon- The amended bill includes a provision au- Appropriations of both Houses of Congress. struction of Iraq. The amended bill does not thorizing the use of funds appropriated in include funding requested to create Iraq and this chapter, or available by the transfer of MILITARY CONSTRUCTION, ARMY Afghanistan support units within General funds in this chapter, for activities pursuant The amended bill recommends $1,108,200,000 Legal Activities, Criminal Division. These to section 504 of the National Security Act of for Military Construction, Army. The funds worthy activities should be supported 1947. are provided as follows: [In thousands of dollars]

Location Protect description Request Recommendation

AK: Fort Wainwright ...... Child Development Center 1 ...... 17,000 17,000 CA: Fort Irwin ...... Child Development Center 1 ...... 11,800 11,800 CO: Fort Carson ...... Child Development Center 1 ...... 8,400 8,400 CO: Fort Carson ...... Soldier Family Assistance Center ...... 8,100 8,100 GA: Fort Gordon ...... Child Development Center 1 ...... 7,800 7,800 GA: Fort Stewart ...... Soldier Family Assistance Center ...... 6,000 6,000 HI: Schofield Barracks ...... Child Development Center ...... 12,500 12,500 KS: Fort Riley ...... Transitioning Warrior Support Complex ...... 50,000 50,000 KY: Fort Campbell ...... Child Development Center 1 ...... 9,900 9,900 KY: Fort Campbell ...... Soldier Family Assistance Center ...... 7,400 7,400 KY: Fort ...... Knox Child Development Center ...... 7,400 7,400

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Location Protect description Request Recommendation

LA: Fort Polk ...... Soldier Family Assistance Center ...... 4,900 4,900 MO: Fort Leonard Wood ...... Starbase Complex 6, Phase 1 ...... 50,000 NC: Fort Bragg ...... Child Development Center 1 ...... 8,500 8,500 NY: Fort Drum ...... Warrior in Transition Facilities ...... 38,000 38,000 OK: Fort Sill ...... Child Development Center 1 ...... 9,000 9,000 TX: Fort Bliss ...... Child Development Center 1 ...... 5,700 5,700 TX: Fort Bliss ...... Child Development Center 1 ...... 5,900 5,900 TX: Fort Bliss ...... Child Development Center 1 ...... 5,700 5,700 TX: Fort Hood ...... Child Development Center 1 ...... 7,200 7,200 TX: Fort Hood ...... Warrior In Transition Unit Ops Facilities ...... 9,100 9,100 TX: Fort Sam Houston ...... Child Development Center 1 ...... 7,000 7,000 VA: Fort Lee ...... Child Development Center 1 ...... 7,400 7,400 Afghanistan: Bagram AB ...... Administrative Building 1 ...... 13,800 13,800 Afghanistan: Bagram AB ...... Aircraft Maintenance Hangar ...... 5,100 5,100 Afghanistan: Bagram AB ...... Ammunition Supply Point ...... 62,000 62,000 Afghanistan: Bagram AB ...... Bulk Fuel Storage and Supply, Phase 3 ...... 23,000 23,000 Afghanistan: Bagram AB ...... Bulk Fuel Storage and Supply, Phase 4 ...... 21,000 21,000 Afghanistan: Bagram AB ...... New Roads ...... 27,000 27,000 Afghanistan: Bagram AB ...... Power Plant ...... 41,000 41,000 Afghanistan: Ghazni ...... Rotary Wing Parking ...... 5,000 5,000 Afghanistan: Kabul ...... Consolidated Compound ...... 36,000 36,000 Afghanistan: Various Locations ...... Counter IED Road—Route Alaska ...... 16,500 16,500 Afghanistan: Various Locations ...... Counter IED Road—Route Connecticut ...... 54,000 54,000 Iraq: AI Asad AB ...... Hot Cargo Ramp ...... 18,500 18,500 Iraq: AI Asad AB ...... Landfill ...... 3,100 3,100 Iraq: AI Asad AB ...... Power Plant ...... 40,000 ...... Iraq: AI Asad AB ...... South Airfield Apron (India Ramp) ...... 28,000 28,000 Iraq: AI Asad AB ...... Urban Bypass Road ...... 43,000 ...... Iraq: Baghdad IAP ...... Water Supply, Treatment & Storage Ph III ...... 13,000 13,000 Iraq: Camp Adder ...... Convoy Support Center Relocation, Phase II ...... 39,000 39,000 Iraq: Camp Adder ...... Multi-Class Storage Warehouse ...... 17,000 ...... Iraq: Camp Adder ...... POL Storage Area ...... 10,000 10,000 Iraq: Camp Adder ...... Power Plant ...... 39,000 ...... Iraq: Camp Adder ...... Wastewater Treatment & Collection System ...... 9,800 9,800 Iraq: Camp Anaconda ...... Hazardous Waste Incinerator ...... 4,300 4,300 Iraq: Camp Anaconda ...... Landfill ...... 6,200 6,200 Iraq: Camp Anaconda ...... Power Plant ...... 39,000 ...... Iraq: Camp Constitution ...... Juenile TIFRIC ...... 11,700 11,700 Iraq: Camp Cropper ...... Brick Factory ...... 9,500 ...... Iraq: Camp Marez ...... Landfill ...... 880 880 Iraq: Camp Ramadi ...... Landfill ...... 880 880 Iraq: Camp Speicher ...... Aviation Navigation Facilities ...... 13,400 13,400 Iraq: Camp Speicher ...... Landfill ...... 5,900 5,900 Iraq: Camp Speicher ...... Military Control Point ...... 5,800 5,800 Iraq: Camp Speicher ...... Power Plant ...... 39,000 ...... Iraq: Camp Speicher ...... Rotary Wing Parking Apron ...... 49,000 ...... Iraq: Camp Taqqadum ...... Landfill ...... 880 880 Iraq: Camp Warrior ...... Landfill ...... 880 880 Iraq: Fallujah ...... Landfill ...... 880 880 Iraq: Mosul ...... Urban Bypass Road ...... 43,000 ...... Iraq: Qayyarah West ...... North Entry Control Point ...... 11,400 11,400 Iraq: Qayyarah West ...... Perimeter Security Upgrade ...... 14,600 14,600 Iraq: Qayyarah West ...... Power Plant ...... 26,000 ...... Iraq: Scania ...... Entry Control Point ...... 5,000 5,000 Iraq: Scania ...... Water Storage Tanks ...... 9,200 9,200 Iraq: Victory Base ...... Landfill ...... 6,200 6,000 Iraq: Victory Base ...... Level 3 Hospital ...... 13,400 13,400 Iraq: Victory Base ...... Wastewater Treatment & Collection System ...... 9,800 9,800 Iraq: Victory Base ...... Water Treatment &. Storage Phase II ...... 18,000 18,000 Iraq: Various Locations ...... Facilities Replacement ...... 72,000 ...... Iraq: Various Locations ...... Overhead Cover—eGlass ...... 135,000 135,000 Kuwait: Camp Arifjan ...... Communication Center ...... 30,000 30,000 Worldwide: Unspecified ...... Planning and Design (GWOT) ...... 64,200 52,800 Worldwide: Unspecified ...... Planning and Design (WIT) ...... 14,600 14,600 Worldwide: Unspecified ...... Planning and Design (COG) 1 ...... 6,000 6,000 Total ...... 1,486,100 1,108,200 1 Requested by the Department of Defense in fiscal year 2008 and/or the March 2008 Adjustments package. MILITARY CONSTRUCTION, NAVY AND MARINE CORPS The amended bill recommends $355,907,000 for Military Construction, Navy and Marine Corps. The funds are provided as follows: [In thousands of dollars]

Location Project description Request Recommendation

CA: Camp Pendleton ...... 11th Marine Regiment HQ, Armory, BEQ ...... 34,970 34,970 CA: Camp Pendleton ...... 5th Marine Regiment Addition, San Mateo ...... 10,890 10,890 CA: Camp Pendleton ...... Armory Intelligence Battalion, 16 Area ...... 4,180 4,180 CA: Camp Pendleton ...... Armory, Regiment & Battalion HQ, 53 Area ...... 5,160 5,160 CA: Camp Pendleton ...... BEQ & Mess Hall HQ (13) Area ...... 24,390 24,390 CA: Camp Pendleton ...... EOD Operations Facility ...... 13,090 13,090 CA: Camp Pendleton ...... ISR Camp—Intelligence Battalion ...... 1,114 1,114 CA: Camp Pendleton ...... JIEDDO Battle Courses 1 ...... 9,270 9,270 CA: Camp Pendleton ...... Military Police Company Facilities ...... 8,240 8,240 CA: Twentynine Palms ...... Regimental Combat Team HQ Facility ...... 4,440 4,440 CA: China Lake NAWS ...... JIEDDO Battle Courses 1 ...... 7,210 7,210 CA: Point Mugu ...... JIEDDO Battle Courses 1 ...... 7,250 7,250 CA: San Diego ...... Child Development Center 1 ...... 17,930 17,930 CA: Twentynine Palms ...... JIEDDO Battle Courses 1 ...... 11,250 11,250 FL: Whiting Field NAS ...... JIEDDO Battle Courses 1 ...... 780 780 MS: Gulfport NCBC ...... JIEDDO Battle Courses 1 ...... 6,570 6,570 NC: Camp Lejeune ...... Child Development Center 1 ...... 16,000 16,000 NC: Camp Lejeune ...... JIEDDO Battle Courses 1 ...... 11,980 11,980 NC: Camp Lejeune ...... Maintenance/Operations Complex 2/9...... 43,340 43,340 SC: Parris Island MCRD ...... Recruit Barracks ...... 25,360 VA: Yorktown NWS ...... JIEDDO Battle Courses 1 ...... 8,070 8,070 Djibouti: Camp Lemonier ...... CJTF–HOA HQ Facility ...... 29,710 ...... Djibouti: Camp Lemonier ...... Dining Facility ...... 20,780 20,780 Djibouti: Camp Lemonier ...... Fuel Farm 1 ...... 4,000 4,000 Djibouti: Camp Lemonier ...... Full Length Taxiway 1 ...... 15,490 15,490 Djibouti: Camp Lemonier ...... Network Infrastructure Expansion ...... 6,270 6,270 Djibouti: Camp Lemonier ...... Water Production ...... 19,140 19,140 Djibouti: Camp Lemonier ...... Western Taxiway 1 ...... 2,900 2,900 Worldwide: Unspecified ...... Planning and Design (GTF) ...... 7,491 7,491 Worldwide: Unspecified ...... Planning and Design (GWOT) ...... 4,300 4,300 Worldwide: Unspecified ...... Planning and Design (CDC) 1 ...... 1,101 1,101 Worldwide: Unspecified ...... Planning and Design (JIEDDO) 1 ...... 2,951 2,951 Total ...... 360,257 355,907 1 Requested by the Department of Defense in fiscal year 2008 and/or the March 2008 Adjustments package.

VerDate Aug 31 2005 05:30 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00069 Fmt 4624 Sfmt 8634 E:\CR\FM\A26JN6.052 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6242 CONGRESSIONAL RECORD — SENATE June 26, 2008 Joint IED Defeat Organization (JIEDDO) Battle Courses.—The amended bill recommends $65,331,000 to construct facilities for enhanced counter-improvised explosive device training in furtherance of the goals of the Joint IED Defeat Organization. These funds address a technical correction in the Administration’s fiscal year 2008 Global War on Terror budget request and are offset by a rescission in title IX. MILITARY CONSTRUCTION, AIR FORCE The amended bill recommends $399,627,000 for Military Construction, Air Force. The funds are provided as follows: [In thousands of dollars]

Location Project description Request Recommendation

CA: Beale AFB ...... Child Development Center 1 ...... 17,600 17,600 FL: Eglin AFB ...... Child Development Center 1 ...... 11,000 11,000 NJ: McGuire AFB ...... JIEDDO Battle Courses 1 ...... 6,200 6,200 NM: Cannon AFB ...... Child Development Center 1 ...... 8,000 8,000 Afghanistan: Bagram AB ...... East Side Helo Ramp ...... 44,400 44,400 Afghanistan: Bagram AB ...... ISR Ramp...... 26,300 26,300 Afghanistan: Bagram AB ...... Parallel Taxiway Phase 2 ...... 21,400 21,400 Afghanistan: Bagram AB ...... Strategic Ramp ...... 43,000 43,000 Iraq: Balad AB ...... Fighter Ramp ...... 11,000 11,000 Iraq: Balad AB ...... Foxtrot Taxiway ...... 12,700 12,700 Iraq: Balad AB ...... Helicopter Maintenance Facilities...... 34,600 34,600 Kyrgyzstan: Manas AB ...... Strategic Ramp ...... 30,300 30,300 Oman: Masirah AB ...... Expeditionary Beddown Site ...... 6,300 6,300 Qatar: AI Udeid AB ...... Facility Replacements ...... 40,000 30,000 Qatar: AI Udeid AB ...... Northwest (CAS) Ramp 1 ...... 60,400 60,400 Worldwide: Unspecified ...... Planning and Design (GWOT) ...... 35,000 35,000 Worldwide: Unspecified ...... Planning and Design (CDC) 1 ...... 1,427 1,427 Total ...... 409,627 399,627 1 Requested by the Department of Defense in fiscal year 2008 and/or the March 2008 Adjustments package. Joint IED Defeat Organization (JIEDDO) Battle Courses.—The amended bill recommends $6,200,000 to construct facilities for enhanced counter-improvised explosive device training in furtherance of the goals of the Joint IED Defeat Organization. These funds address a technical correction in the Administration’s fiscal year 2008 Global War on Terror budget request and are offset by a rescission in title IX. MILITARY CONSTRUCTION, DEFENSE-WIDE The amended bill recommends $890,921,000 for Military Construction, Defense-Wide. The funds are provided as follows: [In thousands of dollars]

Location Project description Request Recommendation

GA: Fort Benning ...... Hospital Replacement ...... 350,000 KS: Fort Riley ...... Hospital Replacement ...... 404,000 NC: Camp Lejeune ...... Hospital Addition ...... 64,300 TX: Fort Sam Houston ...... Burn Rehabilitation Center ...... 21,000 21,000 Qatar: AI Udeid AB ...... Logistics Storage Warehouse ...... 6,600 6,600 Worldwide: Unspecified ...... Planning and Design (MTF) ...... 45,021 Total ...... 27,600 890,921

Medical Treatment Facilities Construction.— the fact that several installations are adding services, provide a cost estimate for each There is a great concern with the large back- thousands of personnel and dependents due project, supply data on the current state of log of needed recapitalization for medical to Base Realignment and Closure, the reloca- facilities and the projected change in de- treatment facilities for military service tion of units from Europe and Korea to the mand for services due to growth for each lo- members and their families. The current Fu- United States, and the Growing the Force cation on the list, indicate the extent to ture Years Defense Plan (FYDP) for Tricare initiative that will add 92,000 active duty which identified construction requirements Management Activity military construction personnel to the Army and Marine Corps. are programmed in the FYDP, and indicate averages $412,000,000 per year for fiscal years The amended bill therefore recommends the resources required for associated plan- 2009 through 2013, and much of this amount $863,321,000 for additional medical treatment ning and design work. This report shall be facility construction. These funds will pro- is accounted for by medical research facili- submitted to the Committees on Appropria- vide for the Army’s top two priority hospital ties. With the services identifying recapital- tions of both Houses of Congress no later replacement projects in the United States as than December 31, 2008. ization requirements ranging in the several well as a top priority hospital addition for billions of dollars, the current FYDP for the Marine Corps. FAMILY HOUSING CONSTRUCTION, NAVY AND medical construction is obviously and se- The Department of Defense is also directed MARINE CORPS verely insufficient. The Department’s inven- to develop a comprehensive master plan for tory of medical treatment facilities is rid- medical treatment facilities construction, to The amended bill recommends $11,766,000 dled with aging hospitals, clinics, and other include both recapitalization and new re- for Family Housing Construction, Navy and facilities that do not meet current standards quirements. This plan shall include a com- Marine Corps. The funds are provided as fol- for medical care. Adding to this problem is prehensive priority list of projects for all lows: [In thousands of dollars]

Location Project description Request Recommendation

CA: Camp Pendleton ...... Public-Private Venture, Phase 6B ...... 10,692 10,692 CA: Twentynine Palms ...... Public-Private Venture, Phase 2A ...... 1,074 1,074 Total ...... 11,766 11,766

DEPARTMENT OF DEFENSE BASE CLOSURE DEPARTMENT OF VETERANS AFFAIRS CONSTRUCTION, MAJOR PROJECTS ACCOUNT 2005 DEPARTMENTAL ADMINISTRATION The amended bill recommends $396,377,000 The amended bill recommends $1,278,886,000 for Construction, Major Projects to accel- GENERAL OPERATING EXPENSES erate and complete planned major construc- for Department of Defense Base Closure Ac- tion of Level I polytrauma rehabilitation count 2005 instead of $1,202,886,000 as re- The amended bill recommends $100,000,000 centers as identified in the Department of quested by the Administration. The amount for General Operating Expenses to imple- Veterans Affairs’ Five Year Capital Plan. provided fully funds the Administration’s re- ment the provisions of title V of this Act. Polytrauma Center Initiative.—The nature of quest to expedite medical facility construc- INFORMATION TECHNOLOGY SYSTEMS combat in Iraq and Afghanistan has resulted tion at Bethesda and Fort Belvoir, and pro- in new patterns of polytraumatic injuries vides an additional $862,976,000 for BRAC 2005 The amended bill recommends $20,000,000 and disabilities requiring specialized inten- implementation. for Information Technology Systems to im- sive rehabilitation and high coordination of plement the provisions of title V of this Act, care. Operating under a national Memo- including support for any personnel in- randum of Agreement with the Department creases within the Veterans Benefits Admin- of Defense (DOD), the Department of Vet- istration. erans Affairs (VA) polytrauma rehabilitation

VerDate Aug 31 2005 05:30 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.052 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6243 centers continue to provide treatment and Section 1301 provides an additional appro- lated Programs a total of $5,164,108,000, which care to severely injured combat personnel re- priation for Military Construction, Army for is $90,500,000 above the pending budget requiring polytrauma inpatient rehabilitation. the acceleration of barracks improvements quest. The medical care the VA is providing to at Army installations. DEPARTMENT OF STATE military personnel is exceptional. However, Section 1302 relates to the Armed Forces space in the existing polytrauma facilities is Institute of Pathology. ADMINISTRATION OF FOREIGN AFFAIRS dated, with cramped quarters and treatment Section 1303 relates to the collection of DIPLOMATIC AND CONSULAR PROGRAMS facilities scattered throughout hospital cam- certain debts owed to the Department of puses. These inefficiencies prove to be dif- Veterans Affairs by service members killed The budget request included $2,283,008,000 ficult for patients with mobility issues, com- in a combat zone. for Diplomatic and Consular Programs, of promised immune systems, and those suf- CHAPTER 4—DEPARTMENT OF STATE which $575,000,000 was appropriated in the fering from psychological wounds. In an ef- AND FOREIGN OPERATIONS Department of State, Foreign Operations fort to accelerate the VA’s planned expan- SUBCHAPTER A—SUPPLEMENTAL and Related Programs Appropriations Act, sion and consolidation of polytrauma reha- APPROPRIATIONS FOR FISCAL YEAR 2008 2008 (Public Law 110–161) for operations and bilitation centers on existing hospital cam- INTRODUCTION security at the United States Embassy in puses as outlined in the Department’s Feb- The budget request totals $5,073,608,000 in Iraq. ruary 2008 Five Year Capital Plan, the emergency supplemental funds for fiscal The amended bill includes an additional amended bill recommends providing year 2008, and the Department of State, For- $1,465,700,000 for Diplomatic and Consular $396,377,000 to fully fund the design and con- eign Operations and Related Programs Ap- Programs, which is $242,308,000 below the struction of these crucial projects. propriations Act, 2008 (Public Law 110–161) pending request. Within the amount pro- GENERAL PROVISIONS, THIS CHAPTER provided $1,473,800,000 for immediate require- vided, $210,400,000 is for worldwide security The amended bill includes the following ments. The amended bill provides for Depart- protection. Funds for diplomatic and con- general provisions for this chapter: ment of State, Foreign Operations and Re- sular programs are to be allocated as follows: DIPLOMATIC AND CONSULAR PROGRAMS [In thousands of dollars]

Pending Amended Change from Activity request bill request

Iraq Diplomatic Operations ...... 1,545,608 1,150,000 ¥395,608 Afghanistan—Operations and Worldwide Security Protection ...... 162,400 200,200 ∂37,800 Pakistan—Operations ...... 7,500 ∂7,500 Western Hemisphere Travel Initiative ...... 1,000 ∂1,000 Worldwide Security Protection ...... 48,000 ∂48,000 Civilian Workforce Initiative ...... 55,000 ∂55,000 Public Diplomacy ...... 4,000 ∂4,000 Total, Diplomatic and Consular Programs ...... 1,708,008 1,465,700 ¥242,308

Afghanistan.—Within the total, the amend- tion of USAID, should be decreased to ac- other embassy construction projects world- ed bill includes $200,200,000, which is commodate all personnel within the NEC and wide. $37,800,000 above the request, for necessary any improvements can be made with pre- There is a concern that private security expenses for diplomatic and security oper- viously appropriated funds. USAID will play contractors have been utilized without the ations in Afghanistan. Of this amount, a critical role in assisting the Government of necessary authority, oversight, or account- $162,400,000 is for enhanced security oper- Iraq in effectively allocating its budgetary ability. The Department of State is directed ations, including additional high threat pro- resources. to provide a report to the Committees on Ap- tection teams, increased overhead cover and The additional $43,804,000 requested for fol- propriations not later than 45 days after en- physical security measures, replacement of low-on projects for the NEC in Baghdad is actment of this Act on the implementation armored vehicles, and local guard service. In not included. At least $77,027,000 in prior year status of each of the recommendations of the addition, $19,000,000 is for the establishment funding programmed for follow-on projects is October 2007 report of the Secretary of of a Department of State-managed air trans- available for obligation and these funds State’s Panel on Personal Protective Serv- port capability in Afghanistan for Depart- should be used to provide additional secure ices. The Department of State is encouraged ment of State and United States Agency for housing for a smaller number of personnel. to aggressively review security procedures International Development (USAID) per- None of the funds provided under this and seek the necessary authority to ensure sonnel to manage country programs, provide heading in this Act shall be made available that increased security is achieved with ef- support for medical evacuation, and other se- for follow-on projects, other than the pro- fective oversight and accountability. curity-related operations. Finally, $18,800,000 posed funding for overhead cover. The De- The Secretary of State should take appro- is for support of operations and personnel for partment of State should include a detailed priate steps to ensure that assistance for Provincial Reconstruction Teams (PRTs) in plan for the use of funds for follow-on Iraq is not provided to or through any indi- Afghanistan. projects as part of the spending plan required vidual, private entity or educational institu- .—Within the total, $1,150,000,000 is for Iraq by this Act. tion that the Secretary knows or has reason the diplomatic and security operations of the Due to an extended accreditation and to believe advocates, plans, sponsors, or en- United States Mission in Iraq, which is verification process and the addition of fol- gages in, terrorist activities. $395,608,000 below the pending request. The low-on projects, occupancy of the NEC of- Pakistan.—The amended bill includes cost of operations of the United States Mis- fices and housing has been delayed. This rig- $7,500,000 for operations, security, and per- sion in Iraq totals $2,141,000,000 for fiscal orous process to address and validate wheth- sonnel engaged in diplomatic activities to year 2008, including $1,150,000,000 provided in promote economic and political development this Act, $575,000,000 provided as bridge fund- er the NEC was constructed to code and con- in the Federally Administered Tribal Areas ing in Public Law 110–161 and $416,000,000 in tract specifications was supported. Now that along the Pakistan and Afghanistan border. funds carried over from prior year appropria- the process is complete, occupancy of the of- tions. Nearly $900,000,000 is requested for sup- fices and housing should proceed without Sudan.—The amended bill includes reporting security requirements for diplomatic delay in order to provide the maximum pro- sources to support the diplomatic mission in and development personnel in Iraq. tection to United States personnel. Sudan including the United States Special The amended bill includes funding for mis- The rationale for co-location of the De- Envoy for Sudan. sion operations, security, logistics support, partments of State and Defense in the NEC Buying Power Maintenance Account.—The information technology, and operations of is recognized. However, the proposed New Of- amended bill provides authority to transfer PRTs. Congress has provided an additional fice Building and the Interim Office Building funds available in this Act, and in a prior $196,543,000 since fiscal year 2006 for follow-on reconfigurations are projected to delay occu- Act, to the Buying Power Maintenance Ac- facilities requirements identified by the De- pancy of NEC offices by up to one year. count in accordance with section 24 of the partment of State, as follows: extend the pe- Given the difficult security environment in State Department Basic Authorities Act, to rimeter wall; construct a dining facility; Baghdad, this lengthy delay is not accept- manage exchange rate losses in fiscal year construct additional housing; construct a able. The Departments of State and Defense 2008. tactical operations center for Diplomatic Se- are expected to consult with the Committees Civilian Workforce Initiative.—The amended curity; construct a static guard camp; and on Appropriations on options for moving for- bill provides $55,000,000 to increase the civil- construct overhead cover. The actual cost of ward with limited co-location plans in the ian diplomatic capacity of the Department building the New Embassy Compound (NEC) most accelerated, secure, and cost-effective of State to meet the increasing and complex has reached a total of $788,543,000 to date. manner. Any future construction in Iraq demands of diplomacy in the 21st century. The number of permanent and temporary shall be subject to the Capital Security Cost Within the total, $30,000,000 is for the initial personnel assigned to Iraq, with the excep- Sharing Program, in the same manner as all development and deployment of a civilian

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capacity to respond to post-conflict sta- ments at the Nation’s land and sea ports. CONTRIBUTIONS FOR INTERNATIONAL bilization and reconstruction challenges and The Department of State is encouraged to PEACEKEEPING ACTIVITIES $25,000,000 is to strengthen capabilities of the provide significantly increased outreach to The budget request included $723,600,000 for United States diplomatic corps and promote border communities, including through Contributions for International Peace- broader engagement with the rest of the radio, print media, and additional passport keeping Activities, of which $390,000,000 of world, including expanding training and en- fairs. funds designated as an emergency was pro- hanced interagency collaboration. OFFICE OF INSPECTOR GENERAL vided in the Department of State, Foreign The amended bill includes funds to replace (INCLUDING TRANSFER OF FUNDS) Operations and Related Programs Appropria- Foreign Service positions worldwide, which The amended bill includes an additional tions Act, 2008 (Public Law 110–161) for the were previously moved to Iraq and to in- $9,500,000 for Office of Inspector General United States contribution to the United Na- crease the number of positions participating (OIG) at the Department of State, which is tions/African Union (UN/AU) hybrid peace- in critical needs foreign language training. $9,500,000 above the pending request. Of the keeping mission to Darfur (UNAMID). The Department of State has transferred ap- total, $5,000,000 is to enhance the Department The amended bill includes an additional proximately 300 Foreign Service positions of State Inspector General’s oversight of pro- $373,708,000 for assessed costs to U.N. peace- from embassies around the world to Iraq and grams in Iraq and Afghanistan, $2,500,000 is keeping operations. Within the total under to associated language training, leaving key for operations of the Special Inspector Gen- this heading, not less than $333,600,000 is pro- posts understaffed. These funds are to be eral for Iraq Reconstruction (SIGIR), and vided for UNAMID, which is the same as the used to support United States foreign policy $2,000,000 is for operations of the Special In- request. Additionally, the amended bill in- in priority, understaffed regions, particu- spector General for Afghanistan Reconstruc- cludes $40,108,000 to meet unmet fiscal year larly South and East Asia, the Western tion (SIGAR). 2008 assessed dues for the international Hemisphere, and Africa. The Department of State OIG, USAID OIG, peacekeeping missions to countries such as Funds made available for the civilian sta- SIGIR, and SIGAR each have independent the Democratic Republic of the Congo, Coˆ te bilization initiative are for the Active and oversight responsibilities in Iraq and Af- d’Ivoire, Haiti, Liberia, and Sudan. Standby Response Corps portion of the ini- ghanistan. The inspectors general should, to RELATED AGENCY tiative and to enhance operations of the Of- the maximum extent practicable, coordi- BROADCASTING BOARD OF GOVERNORS fice of the Coordinator for Reconstruction nate, and de-conflict all activities related to and Stabilization. In addition to the funds oversight of assistance programs for the re- INTERNATIONAL BROADCASTING OPERATIONS provided to the Department of State, construction of Iraq and Afghanistan to en- The amended bill includes an additional $25,000,000 is appropriated in this Act under sure that oversight resources are used effec- $2,000,000 for International Broadcasting Op- the heading ‘‘Operating Expenses of the tively and are not unnecessarily duplicative. erations to continue increased broadcasting United States Agency for International De- To ensure continuity of oversight of per- to Tibet. velopment’’ to implement the USAID portion manent United States Missions, the USAID BILATERAL ECONOMIC ASSISTANCE of the civilian stabilization initiative. The OIG and the Department of State OIG are ex- funding request for the Civilian Response pected to actively participate in oversight of FUNDS APPROPRIATED TO THE PRESIDENT Corps will be considered as part of the fiscal all programs funded by this Act and prior INTERNATIONAL DISASTER ASSISTANCE year 2009 appropriations process and none of Acts making appropriations for the Depart- The budget request included $80,000,000 for the funds provided in this Act are to be used ment of State and foreign operations, in par- International Disaster Assistance. The De- to implement the Civilian Response Corps ticular oversight of diplomatic and develop- partment of State, Foreign Operations and portion of the initiative. ment operations and facilities. Joint over- Related Programs Appropriations Act, 2008 Diplomatic Security-Worldwide Security Pro- sight with SIGIR or SIGAR is strongly en- (Public Law 110–161) provided $110,000,000 for tection.—The amended bill also includes couraged; however once fully staffed, the De- emergency humanitarian requirements. $48,000,000 above the request for worldwide partment of State OIG or the USAID OIG The amended bill includes $220,000,000 for security protection. The amount provided is should, to the maximum extent practicable, International Disaster Assistance, which is available to restore 100 positions in the dip- be designated as the lead for any joint over- $220,000,000 above the pending request. These lomatic security personnel that were redi- sight conducted with SIGIR or SIGAR of funds should be used to respond to urgent hu- rected to Iraq to address urgent security re- funds involving diplomatic operations and manitarian requirements worldwide, includ- quirements for United States personnel else- facilities in Iraq and Afghanistan. ing in Burma, Bangladesh, the People’s Re- where in the world. EMBASSY SECURITY, CONSTRUCTION, AND public of China, and countries severely af- Directorate of Defense Trade Controls.—In- MAINTENANCE fected by the international food crisis. creased demands on the Directorate of De- The amended bill includes an additional USAID is directed to substantially in- fense Trade Controls’ Office of Defense Trade $76,700,000 for urgent embassy security, con- crease food assistance for Haiti to address Controls Licensing have led to delays in li- struction, and maintenance costs, which is critical food shortages and malnutrition. cense processing. The Secretary of State is $83,300,000 below the request. The funds are Preventing hunger and combating poverty in directed to review the workload demands and to construct 300 secure apartments and a se- Haiti should be a USAID priority. staffing needs of the office and report any cure office building, including the necessary As the State Peace and Development Coun- recommendations to the Committees on Ap- perimeter security, utility, and dining facili- cil (SPDC) has compounded the humani- propriations not later than 45 days after en- ties, for United States Mission staff in Af- tarian crisis in Burma by failing to respond actment of this Act. ghanistan. Currently, there are a small num- to the needs of the Burmese people in the Middle East Peace Process.—The security ber of permanent construction apartments wake of Cyclone Nargis and by refusing of- and support requirements for the personnel and the majority of diplomatic and Mission fers of assistance from the international and operations that accompany the Middle personnel live in structures with limited pro- community, the Department of State and East peace process have been, and should tection. Additional funds for this purpose are USAID should seek to avoid providing assist- continue to be, supported through the oper- provided in subchapter B. ance to or through the SPDC. ations funds available in fiscal year 2008. INTERNATIONAL ORGANIZATIONS The amended bill also includes funds under Any additional requirements associated with this heading and the heading ‘‘Development these activities will be considered during the CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS Assistance’’ in subchapter B to help address fiscal year 2009 appropriations process. the international food crisis. Programs Public Diplomacy.—The amended bill in- The amended bill includes $66,000,000 for should address both rural and urban food re- cludes $4,000,000 for the Office of Public Di- Contributions to International Organiza- quirements. plomacy and Public Affairs to expand new tions, which is for United States contribu- media for targeted Arabic language tele- tions to the U.N. Assistance Mission in Af- OPERATING EXPENSES OF THE UNITED STATES vision programs for the purpose of fostering ghanistan and the U.N. Assistance Mission in AGENCY FOR INTERNATIONAL DEVELOPMENT cultural, educational, and professional dia- Iraq. Funding is also provided to meet fiscal The budget request included $61,800,000 for logues through indigenous Arabic language year 2008 assessed dues to organizations Operating Expenses of the United States satellite media. whose missions are critical to protecting Agency for International Development, of Western Hemisphere Travel Initiative.—The United States national security interests, in- which $20,800,000 was provided in the Depart- amended bill recommends not less than cluding the North Atlantic Treaty Organiza- ment of State, Foreign Operations and Re- $1,000,000 to expand public outreach efforts tion, the International Atomic Energy Agen- lated Programs Appropriations Act, 2008 related to implementation of the Western cy, and the Organization for the Prohibition (Public Law 110–161) for operations in Iraq. Hemisphere Travel Initiative (WHTI). With of Chemical Weapons. The amended bill includes $150,500,000 for WHTI implementation occurring as early as The Department of State is directed not Operating Expenses of the United States June 2009, there is concern about the lack of later than 45 days after enactment of this Agency for International Development. a comprehensive, coordinated plan between Act, to provide a report to the Committees Of the funds provided under this heading, the Department of State, the Department of on Appropriations detailing total United the amended bill includes $41,000,000 to con- Homeland Security, and the United States States-assessed contributions, any arrears tinue support for security needs in Iraq and Postal Service to broadly disseminate infor- from prior years and potential arrears for Afghanistan, which is the same as the re- mation to the traveling public concerning fiscal years 2008 and 2009 for each of the orga- quest. In addition, $30,000,000 is included to the final WHTI implementation require- nizations funded under this heading. increase support for staffing, security, and

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Change Activity Pending Amended from request bill request

Provincial Reconstruction Teams (PRTs) ...... 165,000 139,000 ¥26,000 Provincial Reconstruction Development Councils ...... 100,000 85,000 ¥15,000 Local Governance Program ...... 65,000 54,000 ¥11,000 Community Stabilization Program (CSP) ...... 155,000 100,000 ¥55,000 Community Action Program (CAP) ...... 75,000 ∂75,000 Infrastructure Security Protection for Oil, Water and Electricity ...... 70,000 ...... ¥70,000 Operations and Maintenance of Key USG-Funded Infrastructure ...... 134,000 10,000 ¥124,000 Iraqi-American Enterprise Fund ...... 25,000 ...... ¥25,000 Provincial Economic Growth (including Agriculture and Microfinance) ...... 25,000 ∂25,000 National Capacity Development ...... 248,000 70,000 ¥178,000 Marla Fund ...... 5,000 ∂5,000

Total ...... 797,000 424,000 ¥373,000

Community Action Program (CAP).—The Marla Ruzicka Iraqi War Victims Fund.—The Vulnerable Groups.—Up to $10,000,000 of amended bill includes $75,000,000 for contin- amended bill includes $5,000,000 for the Marla funds made available for Iraq in this chapter, ued support for the Community Action Pro- Ruzicka Iraqi War Victims Fund for contin- including from the Migration and Refugee gram. ued assistance for Iraqi civilians who suffer Assistance and International Disaster As- Community Stabilization Program (CSP).— losses as a result of the military operations. sistance accounts, should be made available The amended bill includes $100,000,000 for the National Capacity Development (NCD).— for programs to assist vulnerable Iraqi reli- CSP, which is $55,000,000 below the request. Within the amount provided in ESF for Iraq, gious and ethnic minority groups, including Recent findings of a March 18, 2008 USAID $70,000,000 is provided for NCD, which is Inspector General audit (E–267–08–001–P) of $178,000,000 below the request. The Govern- Christians. The Secretary of State should possible fraud and misuse of some CSP funds ment of Iraq should assume increasing redesignate staff at United States Embassy are of concern. Therefore the amended bill sponsibility for the cost of these activities. Baghdad to oversee and coordinate such as- withholds 50 percent of funding until the Operations and Maintenance of Key U.S. sistance. Secretary of State certifies and reports that Government-Funded Infrastructure.—The Afghanistan.—The amended bill includes USAID is implementing recommendations amended bill includes $10,000,000 for oper- $859,000,000 in ESF for Afghanistan, which is contained in the audit to ensure proper use ations and maintenance of key United States $25,000,000 above the request. USAID is di- of funds. government-funded infrastructure, which is rected to review its reconstruction efforts in Enterprise Fund.—The amended bill does $124,000,000 below the request. These func- not include any funding for the creation, tions should be funded by the Government of Afghanistan; focus its assistance, including capitalization, operation, or support of any Iraq and this Act includes sufficient funding capacity building, through local Afghan enti- enterprise fund in Iraq. The Department of to allow the United States to provide tech- ties; give greater attention to accountability State is directed not to reprogram any funds nical assistance and training. In addition, and monitoring to minimize corruption; and made available by this or prior Acts for an the amended bill conditions the funds on the emphasize programs which directly improve enterprise or enterprise-related fund in Iraq. signing and implementation of an asset the economic, social, and political status of Infrastructure Security Protection for Oil, transfer agreement between the United Afghan women and girls. Funds provided for Water, and Electricity.—The amended bill does States and Iraq. Afghanistan are to be allocated as follows: not include funding for these functions, Provincial Economic Growth.—The amended which should be supported by the Govern- bill includes $25,000,000 for provincial eco- ment of Iraq. nomic growth activities.

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Change Activity Pending Amended from request bill request

Civilian Assistance Program ...... 10,000 ∂10,000 Governance and Capacity Building ...... 135,000 165,000 ∂30,000 2009 Elections ...... 100,000 70,000 ¥30,000 National Solidarity Program ...... 40,000 65,000 ∂25,000 Health and Education ...... 50,000 75,000 ∂25,000 North Atlantic Treaty Organization POHRF ...... 2,000 ∂2,000 Power ...... 175,000 150,000 ¥25,000 Provincial Reconstruction Teams (PRTs)/Provincial Governance ...... 50,000 ∂50,000 Roads ...... 329,000 200,000 ¥129,000 Rural Development/Alternative Livelihoods ...... 65,000 ∂65,000 Trade and Investment ...... 5,000 7,000 ∂2,000 Total ...... 834,000 859,000 ∂25,000

Civilian Assistance.—The amended bill in- ance for these countries, for a program to be social and health needs of refugees from Iraq, cludes $10,000,000 for USAID’s Afghan Civil- called the ‘‘Economic and Social Develop- including the feasibility of extending tem- ian Assistance Program to continue assist- ment Fund for Central America’’, of which porary residence status for Iraqis registered ance for civilians who have suffered losses as $20,000,000 is to be administered by USAID, in with the United Nations High Commissioner a result of the military operations, and consultation with the Department of State. for Refugees. $2,000,000 for the NATO/ISAF Post-Oper- The purpose of the program is to promote Kenya.—The amended bill includes ations Humanitarian Relief Fund. economic and social development and good $12,000,000 for assistance for Kenya for polit- Governance and Capacity Building.—The governance in targeted, low-income areas, ical, ethnic and tribal reconciliation activi- amended bill provides $165,000,000 for govern- including rural communities that are parties. ance and capacity building programs, which ticularly vulnerable to drug trafficking and Mexico.—The amended bill includes is $30,000,000 above the request, to fund rule related violence and organized crime. These $20,000,000 for assistance for Mexico for insti- of law, human rights, and local and national funds should support programs that empha- tution building and support of civil society. capacity building. size community initiatives and public-pri- Funding for these purposes was requested National Solidarity Program.—The amended vate partnerships. United States funds through the International Narcotics and Law bill includes $65,000,000 for the National Soli- should be matched with contributions from Enforcement (INCLE) account. The amended darity Program to support small-scale devel- public and private sources to the maximum bill includes $5,000,000 for human rights opment initiatives. The funding shall be pro- extent practicable. USAID is directed to con- training for police, prosecutors, and prison grammed in a manner consistent with the sult with the Committees on Appropriations officials; $3,000,000 for victim and witness Afghan National Development Strategy. prior to the obligation of these funds. Of the protection; and $3,000,000 to support NGOs Power.—The amended bill includes funds available, $5,000,000 shall be adminis- and civil society. The amended bill also in- $150,000,000 for power, which is $25,000,000 tered by the Bureau of Educational and Cul- cludes $5,000,000 for a literacy program for below the request. The request includes fund- tural Affairs for educational exchanges with local police. USAID is encouraged to work ing for gas and diesel power projects and the countries of Central America. with non-governmental organizations, civil there is a concern that diesel generators are Democratic Republic of the Congo.—The society, and local police to replicate the lit- costly to maintain and will exacerbate amended bill includes $12,500,000 for assist- eracy program being implemented in Kabul’s already heavily polluted air. The ance for eastern Democratic Republic of the Nezahualcoyotl, Mexico. The amended bill completion of the north-south transmission Congo for urgent conflict mitigation and re- also includes funding for the Office of the UN line to enable Afghanistan to purchase elec- covery programs and for programs relating High Commissioner for Human Rights in tricity from its northern neighbors for dis- to sexual violence against women and girls. Mexico (OHCHR). The Department of State tribution to other areas of the country is Of this amount, not less than $1,000,000 is to is directed to work with the Mexican Gov- supported. Funding for the Northern Elec- establish and support a training center for ernment, the OHCHR, and civil society orga- trical Power System or the Shebergan Gas- health workers who provide care and treat- nizations in Mexico to promote respect for Fired Plant is not included. The World Bank ment for victims of sexual violence, and not human rights by Mexican police and mili- should play a larger role in financing such less than $2,000,000 is for training military tary forces. infrastructure projects. and civilian investigators, prosecutors, and Nepal.—The amended bill includes $7,000,000 It is noted that Afghanistan has consider- judges to bring the perpetrators of such for assistance for Nepal to strengthen de- able potential for small hydro and solar crimes to justice. mocracy and support the peace process, in- power development to service Afghanistan’s Exchanges with Africa.—The amended bill cluding the demobilization and reintegration many remote communities that have no includes $5,000,000 for educational exchanges of ex-combatants, and for economic develop- other access to electricity, and not less than with countries in Africa, specifically to ment programs in rural communities af- $15,000,000 of the funds shall be used for re- counter extremism. These funds should be fected by conflict. newable energy projects in rural areas. administered by the Bureau of Educational North Korea.—The amended bill includes up Provincial Reconstruction Teams.—The and Cultural Affairs. to $53,000,000 for energy-related assistance amended bill provides $50,000,000 for PRTs in Jordan.—The amended bill includes a total for North Korea in support of the goals of the Afghanistan. of $200,000,000 for economic assistance for Six-Party Talks Agreement, in addition to Roads.—The amended bill includes Jordan, of which $175,000,000 is appropriated the $53,000,000 appropriated in division J of $200,000,000 for roads, which is $129,000,000 under this heading, and $25,000,000 is appro- Public Law 110–161, which is the same as the below the request. priated through a general provision. The total amount requested. Prior to the obliga- Rural Development and Alternative Liveli- Government of Jordan remains a key ally tion of assistance for North Korea, the Sec- hoods.—The amended bill includes $65,000,000 and has played a leading role in supporting retary of State is directed to report to the for rural development and alternative liveli- peace initiatives in the Middle East. Pro- Committees on Appropriations that North hood programs and an additional $35,000,000 gramming of these resources should be done Korea is continuing to fulfill its commit- for counternarcotics under the ‘‘Inter- in consultation with the Government of Jor- ments under the Six-Party Talks Agreement. national Narcotics Control and Law Enforce- dan and refugee relief organizations and Pakistan.—The amended bill does not in- ment’’ account to expand counternarcotics funds should be used to meet the needs of clude funding for assistance for Pakistan in programs in Afghanistan. The Secretary of Iraqi refugees. The Secretary of State, after this subchapter. These needs are addressed in State is directed to consult with the Com- consultation with the Government of Jor- funding appropriated in the fiscal year 2009 mittees on Appropriations on the use of dan, the United Nations, and international bridge. these funds. organizations and non-governmental organi- Philippines.—The amended bill includes 2009 Elections.—The amended bill includes zations with a presence in Iraq, is directed to $15,000,000 for assistance for the Philippines $70,000,000 for preparations for the 2009 elec- submit a report to the Committees on Appro- for programs to further peace and reconcili- tions. priations not later than 45 days after enact- ation in the southern Philippines, and recog- Bangladesh.—The amended bill includes ment of this Act detailing (1) short- and me- nizes the shared interest between the United $25,000,000 for assistance for Bangladesh for dium-term options the United States and States and the Philippines in combating ter- cyclone recovery and reconstruction assist- other countries and organizations could pur- rorism in this region. ance. sue to assist Iraqis in Jordan to maintain Sri Lanka.—The amended bill includes Central America.—The amended bill in- their educational and vocational skills and $6,000,000 for assistance for Sri Lanka to be cludes $25,000,000 for the countries of Central earn income; and (2) longer term options provided through USAID to support eco- America in fiscal year 2008, in addition to that the United States and the Government nomic development programs in the eastern funds otherwise made available for assist- of Jordan can take to address the economic, region of Sri Lanka to solidify recent gains

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These funds should be used to assist the Government of Afghanistan is taking to flawed and the Secretary of State is directed, Tamil and Muslim minorities in Sri Lanka. arrest and prosecute leaders of Afghan drug not later than 45 days after enactment of Sudan.—The amended bill includes cartels; disarm and disband private militias; this Act and 120 days thereafter, to submit a $45,000,000 for assistance for Sudan to support and end corruption among national and pro- report to the Committees on Appropriations election-related activities. vincial police forces. detailing progress in conducting a thorough, Thailand.—The amended bill includes Central America.—The amended bill incredible, and transparent investigation to $2,500,000 for assistance for Thailand to ad- cludes $24,800,000 for assistance for Belize, identify the perpetrators of this crime and dress economic and social development needs Costa Rica, El Salvador, Guatemala, Hon- bring them to justice. The Department of in southern Thailand. The Department of duras, Nicaragua, and Panama, and an addi- State should work with Mexican Govern- State is directed to consult with the Com- tional $5,000,000 for Haiti and the Dominican ment authorities and relevant Federal gov- mittees on Appropriations prior to the obli- Republic under the Merida Initiative. Al- ernment agencies of the United States to as- gation of these funds. though funding was requested only through sist in the investigation of this case. Uganda.—The amended bill includes the INCLE account, funding for the Merida West Bank.—The amended bill includes $17,500,000 for assistance for northern Ugan- Initiative is provided in the accounts from $25,000,000 for ongoing training of vetted da. These funds should be used to support which such activities are traditionally fund- units of the Palestinian National Security economic development, governance, assisted. The amended bill provides funding for Forces, which is the same as the request. ance for war victims, and reintegration of specialized police training and non-lethal MIGRATION AND REFUGEE ASSISTANCE equipment to strengthen the law enforce- ex-combatants. The budget request included $230,000,000 for ment and criminal justice institutions for West Bank and Gaza.—The amended bill in- Migration and Refugee Assistance, of which the purpose of combating drug trafficking cludes not more than $171,000,000 for eco- $200,000,000 was provided in the Department and related violent crime and increasing the nomic assistance for the West Bank and of State, Foreign Operations and Related capacity and professionalism of Central Gaza, which is $24,000,000 below the request. Programs Appropriations Act, 2008 (Public The Department of State is directed to pro- American police forces. Impunity within the military and police Law 110–161) for emergency refugee require- vide a report to the Committees on Appro- forces of several of these countries and cor- ments in Iraq and the West Bank and Gaza. priations not later than 90 days after the en- ruption within their justice systems is of The amended bill includes $315,000,000 for actment of this Act on how United States concern. The Secretary of State is directed Migration and Refugee Assistance, which is economic assistance for the West Bank sup- to submit a report in writing on mechanisms $285,000,000 above the pending request. Funds ports the larger Palestinian Reform and De- in place to ensure eligibility of recipients of should be made available to meet unmet velopment Plan as well as a description of United States assistance. global refugee needs, including to assist other donor support of this plan. The report The omission of Haiti and the Dominican Iraqi refugees in Jordan, Syria, Lebanon, should describe how assistance from the Republic from the request for the Merida Ini- Turkey, Egypt, and the surrounding region, United States and other donors will improve tiative makes it more likely that these vul- as well as internally displaced persons in conditions in the West Bank, including nerable countries would become increasingly Iraq. Funds may also be used, if necessary, through job creation and housing programs. favored transit routes for drug traffickers. for the admissions costs of Iraqis granted Zimbabwe.—The amended bill includes The amended bill includes $2,500,000 for Haiti special immigrant status under the Special $5,000,000 for assistance for Zimbabwe to sup- and $2,500,000 for the Dominican Republic as Immigrant Visa program authorized by the port political reconciliation activities. part of the Merida Initiative to support National Defense Authorization Act of 2008. DEPARTMENT OF STATE counternarcotics and border security pro- In addition, funds may be used to offset administrative costs associated with the ex- DEMOCRACY FUND grams, anti-corruption, judicial reform, institution-building, and rule of law programs. panded requirements of the Iraqi refugee The amended bill includes $76,000,000 for Mexico.—There is a shared responsibility program, in consultation with the Commit- Democracy Fund programs, requested under between the United States and Mexico to tees on Appropriations. the heading ‘‘Economic Support Fund’’, to be combat drug trafficking and related violence The humanitarian crisis involving Iraqi made available as follows: and organized crime. The amended bill in- refugees and internally displaced persons is Chad.—The amended bill includes $1,000,000 cludes $215,500,000 to support programs to en- of concern and the Government of Iraq has for democracy activities in Chad. able the Government of Mexico to respond to dedicated insufficient resources to assist this Iraq.—The amended bill includes $75,000,000 these threats in accordance with the rule of most vulnerable segment of the Iraqi popu- for democracy activities in Iraq. These funds law. The amended bill includes $10,000,000 for lation. The Department of State shall urge are intended to be available through non- demand reduction and drug rehabilitation the Government of Iraq to provide a substan- governmental organizations, including the activities; $3,000,000 to provide technical and tial increase in funding for humanitarian as- National Endowment for Democracy, and not other assistance to enable the Government sistance to the Iraqi refugee population re- less than $8,000,000 for the United States In- of Mexico to put into service a unified na- siding in the region and within the country. stitute of Peace. These funds should be tional police registry; and not more than In addition, the Secretary of State should awarded expeditiously to prevent interrup- $24,000,000 for program development and sup- ensure that the Senior Coordinator for Iraqi tion of current operations. port. To the extent possible, any equipment Refugee Issues gives particular attention to INTERNATIONAL NARCOTICS CONTROL AND LAW and technology purchases should be inter- the needs of vulnerable minority groups, in- ENFORCEMENT operable based on open standards with the cluding ethnic and religious minorities. The amended bill includes $390,300,000 for equipment and technology being used by The welfare and security of the 7,900 Lao International Narcotics Control and Law En- their United States Government counter- Hmong in the Thai military camp in forcement (INCLE) activities in Afghanistan, parts. Petchaboon, northern Thailand is of concern Corruption and impunity within Mexico’s Iraq, Mexico, Central America, Haiti, the Do- and the Department of State is directed to military and police forces are of concern. minican Republic, and the West Bank, which urge the Government of Thailand to support Recommendations of the National Human is $343,700,000 below the request. The Sec- a transparent screening process to identify Rights Commission have been ignored and retary of State is directed to consult with those who have a legitimate fear of return to investigations of violations of human rights the Committees on Appropriations on the Laos. Any attempt to force the return of by Mexican military and police forces rarely Hmong refugees to Laos is strongly opposed. use of these funds. result in convictions. The Secretary of Iraq.—The amended bill includes $85,000,000 UNITED STATES EMERGENCY REFUGEE AND State, in consultation with relevant Mexican MIGRATION ASSISTANCE FUND for Iraq for justice and rule of law programs, Government authorities, is directed to re- The amended bill includes $31,000,000 for which is $74,000,000 below the request. Fund- port to the Committees on Appropriations the United States Emergency Refugee and ing for prison construction is not included. that mechanisms are in place to ensure eligi- Migration Assistance Fund to prevent deple- Afghanistan.—The amended bill includes bility of recipients of United States assist- tion of this emergency fund. $35,000,000, which is $35,000,000 above the re- ance. quest, to support programs to strengthen There is concern with the failure to inves- NONPROLIFERATION, ANTI-TERRORISM, counternarcotics efforts, to improve the tigate and prosecute the police officers re- DEMINING AND RELATED PROGRAMS training of the Afghan police, including bor- sponsible for human rights violations, in- The amended bill includes $13,700,000 for der police, to advance the development of including rape and sexual violence against Nonproliferation, Anti-terrorism, Demining stitutional capacity professionalism of the women, at San Salvador Atenco on May 3–4, and Related Programs (NADR), which is justice sector, and to help facilitate coopera- 2006, and in Oaxaca between June and De- $8,700,000 above the request. tion between the police and the judiciary at cember 2006. These and other such violations Of these funds, $5,000,000 is for presidential both the national and regional levels. The by members of the Mexican military and po- protective service support in Afghanistan, Department of State is directed to report to lice forces have been documented and require which is the same as the request, and the Committees on Appropriations not later thorough, credible and transparent inves- $2,500,000 is for a United States contribution than 180 days after enactment of this Act on tigation and prosecution by the Mexican At- to the Comprehensive Test Ban Treaty Inter- the level of counternarcotics cooperation by torney General. national Monitoring System. the Government of Afghanistan at the na- The state and Federal investigations into Central America.—The amended bill also in- tional and regional level and should detail, the October 27, 2006, killing in Oaxaca of cludes $6,200,000 for the Merida Initiative for

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the countries of Central America, which is State or USAID. SIGAR should co-locate OTHER BILATERAL ECONOMIC ASSISTANCE $6,200,000 above the request. Although fund- staff and ‘‘back office’’ support systems with ECONOMIC SUPPORT FUND ing for these purposes was requested only other inspectors general to the extent fea- The amended bill includes $1,124,800,000 for through the INCLE account, funding has sible. Economic Support Fund to address critical been provided in the NADR account, from EMBASSY SECURITY, CONSTRUCTION, AND health, economic, and security needs. These which such activities are traditionally fund- MAINTENANCE funds are to be allocated as follows: ed. The amended bill includes $41,300,000 for MILITARY ASSISTANCE urgent embassy security, construction, and ECONOMIC SUPPORT FUND FUNDS APPROPRIATED TO THE PRESIDENT maintenance costs. Funds should be used to [In thousands of dollars] FOREIGN MILITARY FINANCING PROGRAM construct safe and secure office space for the increasing number of diplomatic and devel- Country and region Amended The amended bill includes $137,500,000 for bill opment personnel living and working in Foreign Military Financing Program, which Kabul, Afghanistan. Afghanistan ...... 455,000 is $137,500,000 above the request. Bangladesh ...... 50,000 Central America.—The amended bill in- INTERNATIONAL ORGANIZATIONS Burma ...... 5,300 Central African Republic ...... 2,000 cludes $4,000,000 to augment the ongoing CONTRIBUTIONS TO INTERNATIONAL Chad ...... 5,000 naval cooperation program and maritime se- ORGANIZATIONS Democratic Republic of the Congo ...... 10,000 curity assistance to strengthen the ability of Iraq ...... 102,500 The amended bill includes $75,000,000 for Jordan ...... 100,000 the countries of Central America to improve Contributions to International Organiza- Kenya ...... 25,000 maritime security and interdiction capabili- tions. North Korea ...... 15,000 ties, including to complement existing re- Pakistan ...... 150,000 CONTRIBUTIONS FOR INTERNATIONAL Sudan ...... 25,000 gional systems and programs. Uganda ...... 15,000 Jordan.—The amended bill includes a total PEACEKEEPING ACTIVITIES West Bank and Gaza ...... 150,000 of $50,000,000 for military assistance for Jor- The amended bill includes $150,500,000 for Zimbabwe ...... 15,000 dan, of which $17,000,000 is appropriated Contributions for International Peace- Total ...... 1,124,800 under this heading and $33,000,000 is appro- keeping Activities to fund the Administra- priated through a general provision. tion’s revised estimate of the United States- Afghanistan.—The amended bill includes Mexico.—The amended bill includes assessed contribution to international peace- $455,000,000 for assistance for Afghanistan. $116,500,000 in support of military-to-military keeping. Governance and Capacity Building.—The cooperation between the United States and RELATED AGENCY amended bill includes $20,000,000 for the Na- Mexico. tional Solidarity Program to support small- BROADCASTING BOARD OF GOVERNORS SUBCHAPTER B—BRIDGE FUND SUPPLE- scale development initiatives; and not less INTERNATIONAL BROADCASTING OPERATIONS MENTAL APPROPRIATIONS FOR FIS- than $35,000,000 for preparations for the 2009 CAL YEAR 2009 The amended bill includes $6,000,000 for elections. The funding shall be programmed International Broadcasting Operations. in a manner consistent with the Afghan Na- The budget request totals $3,605,000,000 in BILATERAL ECONOMIC ASSISTANCE tional Development Strategy. emergency supplemental funds for fiscal Rural Development and Alternative Liveli- year 2009. The amended bill provides a total FUNDS APPROPRIATED TO THE PRESIDENT hoods.—The amended bill includes not less of $3,679,500,000 for the Department of State, GLOBAL HEALTH AND CHILD SURVIVAL than $35,000,000 for rural development and al- Foreign Operations and Related Programs The amended bill includes $75,000,000 for ternative livelihoods. for fiscal year 2009 emergency supplemental Bangladesh.—The amended bill includes requirements, which is $74,500,000 above the Global Health and Child Survival to continue programs to combat avian influenza. $50,000,000 for cyclone recovery and recon- request. struction assistance. DEPARTMENT OF STATE DEVELOPMENT ASSISTANCE Burma.—The amended bill includes ADMINISTRATION OF FOREIGN AFFAIRS The amended bill includes $200,000,000 for $5,300,000 for assistance for Burma for hu- Development Assistance, which is for a new manitarian programs along the Thai-Burma DIPLOMATIC AND CONSULAR PROGRAMS Food Security Initiative to promote food se- border. The amended bill includes $704,900,000 for curity in countries affected by significant Iraq.—The amended bill includes Diplomatic and Consular Programs. Within food shortages, such as programs to assist $102,500,000 for assistance for Iraq. this amount, $78,400,000 is available for farmers to increase crop yields, including in Community Action Program (CAP).—The worldwide security protection and not more Darfur. Of this amount, up to $50,000,000 amended bill includes $32,500,000 for contin- than $550,500,000 is available as a bridge fund should be used for local and regional pur- ued support for the Community Action Pro- for Iraq operations. chase. The Secretary of State is directed to gram. To meet increased security and personnel submit a report to the Committees on Appro- Community Stabilization Program (CSP).— requirements, the amended bill includes priations not later than 45 days after enact- The amended bill includes $32,500,000 for con- $89,400,000 for Afghanistan, $7,000,000 for ment of this Act, and prior to the initial ob- tinued support for the Community Stabiliza- Pakistan, $3,000,000 for Somalia, and ligation of funds, on the proposed uses of tion Program. $15,000,000 for Sudan. In addition, the amend- funds to alleviate starvation, hunger, and Marla Ruzicka Iraqi War Victims Fund.—The ed bill includes $40,000,000 to continue the malnutrition overseas, including a list of amended bill includes $2,500,000 for the Marla support of new positions to develop language those countries facing significant food short- Ruzicka Iraqi War Victims Fund for contin- and other critical skills of the diplomatic ages. ued assistance for Iraqi civilians who suffer corps and for civilian post-conflict stabiliza- losses as a result of the military operations. INTERNATIONAL DISASTER ASSISTANCE tion initiatives. Provincial Reconstruction Teams (PRTs).— The amended bill includes $200,000,000 for The amended bill includes $35,000,000 for con- OFFICE OF INSPECTOR GENERAL International Disaster Assistance to meet tinued support for the Provincial Recon- (INCLUDING TRANSFER OF FUNDS) urgent humanitarian requirements world- struction Teams. The amended bill includes $57,000,000 for wide, including support for critical needs in DEPARTMENT OF STATE Office of Inspector General at the Depart- Bangladesh, Burma, and the People’s Repub- INTERNATIONAL NARCOTICS CONTROL AND LAW ment of State, of which $15,500,000 is to con- lic of China. A portion of these funds should ENFORCEMENT tinue oversight of programs in Iraq and Af- be used for assistance for internally dis- The amended bill includes $199,000,000 for ghanistan, and the Middle East. placed persons in Iraq and Afghanistan. In International Narcotics Control and Law En- Special Inspector General for Iraq Reconstruc- addition, funds are available under this head- forcement activities in Iraq, Afghanistan, tion (SIGIR).—The amended bill includes ing to assist in the response to the inter- the West Bank, Mexico, and Africa. The Sec- $36,500,000 for SIGIR for continued oversight national food crisis. retary of State is directed to consult with of United States reconstruction programs in OPERATING EXPENSES OF THE UNITED STATES the Committees on Appropriations on the Iraq, as authorized by section 3001 of Public AGENCY FOR INTERNATIONAL DEVELOPMENT use of these funds. Law 108–106. The amended bill includes $93,000,000 for MIGRATION AND REFUGEE ASSISTANCE Special Inspector General for Afghanistan Re- Operating Expenses of the United States construction (SIGAR).—The amended bill in- The amended bill includes $350,000,000 for Agency for International Development to ad- cludes $5,000,000 for SIGAR, which is Migration and Refugee Assistance to respond dress staffing, security, and operating needs. $5,000,000 above the request, and which is au- to urgent humanitarian and refugee admis- thorized by section 1229 of Public Law 110– OPERATING EXPENSES OF THE UNITED STATES sions requirements, including those involv- 181. Such funds shall be used for oversight of AGENCY FOR INTERNATIONAL DEVELOPMENT ing refugees from Iraq, Afghanistan, and cen- United States reconstruction programs in OFFICE OF INSPECTOR GENERAL tral Africa. Afghanistan. None of the funds shall be used The amended bill includes $1,000,000 for Op- NONPROLIFERATION, ANTI-TERRORISM, to duplicate investigations that have been erating Expenses of the United States Agen- DEMINING, AND RELATED PROGRAMS conducted or to support offices or systems of cy for International Development Office of The amended bill includes $4,500,000 for inspectors general at the Department of Inspector General. Nonproliferation, Anti-terrorism, Demining

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and Related Programs, for humanitarian BUYING POWER MAINTENANCE ACCOUNT atory statement. Any change to these alloca- demining in Iraq. (INCLUDING TRANSFERS OF FUNDS) tions shall be subject to the regular notifica- MILITARY ASSISTANCE Section 1408 provides authority to utilize tion procedures of the Committees on Appro- priations. FUNDS APPROPRIATED TO THE PRESIDENT $26,000,000 from appropriations for Diplo- REPROGRAMMING AUTHORITY FOREIGN MILITARY FINANCING PROGRAM matic and Consular Programs from a prior Act and authority to transfer up to an addi- Section 1415 allows for reprogramming of The amended bill includes $302,500,000 for tional $74,000,000 of the funds made available funds made available in prior years to ad- Foreign Military Financing Program, of by this Act to the Buying Power Mainte- dress critical food shortages, subject to prior which $100,000,000 is for assistance for Jor- nance Account to manage exchange rate consultation with, and the regular notifica- dan, $170,000,000 is for assistance for Israel, losses in fiscal year 2008. The Department of tion procedures of, the Committees on Ap- and $32,500,000 is for assistance for Lebanon. State shall consult on any proposed transfers propriations. PEACEKEEPING OPERATIONS resulting from this authority. The Depart- SPENDING PLANS AND NOTIFICATION The amended bill includes $95,000,000 for ment of State estimates the impact of cur- PROCEDURES Peacekeeping Operations for programs in Af- rency fluctuations to be at least $260,000,000 Section 1416 requires the Secretary of rica to address needs beyond those projected on United States diplomatic operations State to provide detailed spending plans to in the fiscal year 2009 budget request, includ- worldwide. the Committees on Appropriations on the ing for Darfur and $10,000,000 for Peace- In addition, the provision includes author- uses of funds appropriated in subchapters A keeping Operations in the Democratic Re- ity to transfer unobligated and expired bal- and B. These funds are also subject to the public of the Congo (DRC). These funds are ances after fiscal year 2008 into the Buying regular notification procedures of the Com- made available to support infantry battal- Power Maintenance Account to address fu- mittees on Appropriations. ions of the DRC armed forces, to protect vul- ture exchange rate losses. The Secretary of nerable civilians in the eastern region of the State shall submit a report to the Commit- TERMS AND CONDITIONS country, and should be made available in ac- tees on Appropriations not later than Octo- Section 1417 establishes that unless des- cordance with thorough vetting procedures. ber 15, 2008, on the amount transferred by ignated otherwise in this chapter, the terms The Department of State should ensure that this authority in this or any fiscal year, the and conditions contained within the Depart- trained units are being provided professional total amount of exchange rate losses in fis- ment of State, Foreign Operations and Re- leadership, appropriate training in human cal year 2008, and the accumulated impact of lated Programs Appropriations Act, 2008 rights, and adequate pay. losses from prior years. (Public Law 110–161) shall apply to funds ap- SUBCHAPTER C—GENERAL PROVISIONS, Finally, authority is granted to the Broad- propriated by this chapter, with the excep- THIS CHAPTER casting Board of Governors to transfer unob- tion of section 699K. ligated and expired balances after fiscal year The amended bill includes the following TITLE II—DOMESTIC MATTERS 2008 into its Buying Power Maintenance Ac- general provisions for this chapter: CHAPTER 1—FOOD AND DRUG count. EXTENSION OF AUTHORITIES ADMINISTRATION SERBIA Section 1401 extends certain authorities DEPARTMENT OF HEALTH AND HUMAN Section 1409 authorizes the Secretary of SERVICES necessary to expend Department of State State to withhold funds related to reim- OOD AND DRUG ADMINISTRATION and foreign assistance funds. bursement of costs associated with damage F IRAQ to the United States Embassy in Belgrade re- SALARIES AND EXPENSES Section 1402 imposes certain conditions sulting from the February 21, 2008, attack. The amended bill provides an additional and limitations on assistance for Iraq and re- RESCISSIONS $150,000,000 for Food and Drug Administra- quires reports. Section 1410 rescinds prior year funds and tion, Salaries and Expenses, available until AFGHANISTAN makes them available for a contribution to September 30, 2009. FDA is directed to provide the Committees on Appropriations Section 1403 imposes certain conditions the World Food Program and for programs in monthly expenditures reports on the use of and limitations on assistance for Afghani- the INCLE account. The provision also re- these funds. stan and requires a report. scinds prior year funds from the Iraq Relief CHAPTER 2—COMMERCE, JUSTICE, AND WEST BANK and Reconstruction Fund. SCIENCE Section 1404 directs the Department of DARFUR PEACEKEEPING DEPARTMENT OF COMMERCE State to provide a report to the Committees Section 1411 authorizes the President to on Appropriations not later than 90 days utilize prior year Foreign Military Financ- BUREAU OF THE CENSUS after enactment of this Act, and 180 days ing Program and Peacekeeping Operations PERIODIC CENSUSES AND PROGRAMS thereafter, on the Palestinian security as- funds for transfer or lease of helicopters or (INCLUDING TRANSFER OF FUNDS) sistance program. related equipment necessary for operations The amended bill includes $210,000,000 for of the AU/UN hybrid peacekeeping mission in WAIVER OF CERTAIN SANCTIONS AGAINST NORTH increased costs associated with the poor Darfur. KOREA management of the 2010 Decennial Census. Section 1405 grants waiver authority to the TIBET Within the funds provided, not less than President with respect to certain assistance Section 1412 provides up to $5,000,000 for $50,300,000 shall be used to restore funding as- to North Korea and the ‘‘Glenn Amend- the establishment of a United States Con- sociated with the approved March 26, 2008 re- ment,’’ which established automatic sanc- sulate in Lhasa, Tibet, under the headings programming within the Bureau of the Cen- tions in the Arms Export Control Act on ‘‘Diplomatic and Consular Programs’’ and sus. Funds transferred pursuant to the re- non-nuclear weapon states that detonate a ‘‘Embassy Security, Construction and Main- programming to address immediate short- nuclear device. tenance’’ in this and prior Acts, and rec- falls within the Field Data Collection Auto- MEXICO ommends certain actions regarding the open- mation contract from the American Commu- ing of such a consulate. nity Survey, Census Coverage Measurement Section 1406 sets a ceiling on funding for The Secretary of State is directed to sub- activities, and other Census activities may Mexico at $400,000,000. The provision also mit a report to the Committees on Appro- result in increased risk and other unintended provides a restriction on the use of funding priations not later than 90 days after enact- consequences to other parts of the Census. for budget support or cash payments and re- ment of this Act detailing efforts taken by The $50,300,000 shall be available solely to stricts obligation of 15 percent of the funding the Department of State to establish a complete previously planned activities and provided under the headings ‘‘Foreign Mili- United States Consulate in Lhasa, Tibet, and address vacancies in the aforementioned tary Financing Program’’ and ‘‘International a description of any policies or programs by areas in order to reduce risk and ensure a Narcotics Control and Law Enforcement’’ the Government of the People’s Republic of successful 2010 Decennial Census. until the Secretary of State submits a report China aimed at undermining public support The Census Bureau shall submit to the in writing. for Tibet including in the media, academia, Committees on Appropriations of the Senate CENTRAL AMERICA and political arenas. and the House of Representatives, within 30 Section 1407 states that $65,000,000 may be JORDAN days of enactment of this Act, a detailed made available for the countries of Central (INCLUDING RESCISSION OF FUNDS) plan showing a timeline of milestones and America, Haiti and the Dominican Republic expenditures for the 2010 Decennial Census, Section 1413 provides $58,000,000 for assist- and prohibits the use of funding for budget and shall include a quantitative assessment ance for Jordan, which is offset by a rescis- support or cash payments. The provision re- of the associated risk to the program as it is sion of an equal amount from the Millen- stricts obligation of 15 percent of the funding currently constituted. In addition, the In- nium Challenge Corporation. provided under the headings ‘‘Foreign Mili- spector General shall submit quarterly retary Financing Program’’ and ‘‘International ALLOCATIONS ports to the Committees on Appropriations, Narcotics Control and Law Enforcement’’ for Section 1414 requires that funds in the until the conclusion of the 2010 Decennial the military and police forces until the Sec- specified accounts shall be allocated as indi- Census, detailing the progress of the revised retary of State submits a report in writing. cated in the respective tables in this explan- plan for the execution of the 2010 Decennial

VerDate Aug 31 2005 05:30 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.052 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6250 CONGRESSIONAL RECORD — SENATE June 26, 2008 Census and any unanticipated slippages from Funding for research efforts shall not be al- CHAPTER 2—COMMERCE the revised 2010 milestones, as well as reas- located until the Office of Science has fully DEPARTMENT OF COMMERCE sessing the associated risk to the program. funded all personnel requirements. ECONOMIC DEVELOPMENT ADMINISTRATION The Census Bureau is directed to provide the ENVIRONMENTAL AND OTHER DEFENSE ECONOMIC DEVELOPMENT ASSISTANCE Inspector General with any required infor- ACTIVITIES PROGRAMS mation so that the quarterly reports can begin 60 days after submission of the plan. DEFENSE ENVIRONMENTAL CLEANUP The amended bill provides $100,000,000 for Because rising costs associated with the The amended bill includes an additional economic development assistance in Presi- 2010 Decennial Census and the Department’s $62,500,000 for Defense Environmental Clean- dentially-declared disaster areas to provide and the Bureau’s lack of contract oversight up. disaster relief, long-term recovery and res- are cause for particular concern, the bill in- toration of infrastructure. CHAPTER 4—LABOR AND HEALTH AND CHAPTER 3—CORPS OF ENGINEERS cludes not less than $3,000,000 for the Depart- HUMAN SERVICES ment’s Office of the Inspector General for DEPARTMENT OF DEFENSE—CIVIL Census contract oversight activities and not DEPARTMENT OF LABOR DEPARTMENT OF THE ARMY less than $1,000,000 solely for a reimbursable EMPLOYMENT AND TRAINING ADMINISTRATION CORPS OF ENGINEERS—CIVIL agreement with the Defense Contract Man- STATE UNEMPLOYMENT INSURANCE AND Public Law 109–148, the 3rd emergency sup- agement Agency to review and improve Cen- EMPLOYMENT SERVICE OPERATIONS plemental appropriations act of 2006, Public sus contract management. The amended bill provides $110,000,000 for Law 109–234, the 4th emergency supplemental DEPARTMENT OF JUSTICE Unemployment Compensation State Oper- appropriations act of 2006, and Public Law FEDERAL PRISON SYSTEM ations to compensate the States for the ad- 110–28, the emergency supplemental appropriations act of 2007, provided funds to repair SALARIES AND EXPENSES ministrative costs of processing the Unem- and restore hurricane damaged projects, ac- The amended bill includes $178,000,000 for ployment Insurance (UI) claims workload for the balance of fiscal year 2008. New UI claims celerate completion of New Orleans area additional costs of the Bureau of Prisons flood and storm damage reduction projects, (BOP) related to the custody and care of in- are increasing, reaching a level in April 2008 nearly 18 percent greater than the previous and provide 100-year storm protection for the mates and the maintenance and operation of greater New Orleans area. The scope and correctional and penal institutions. The BOP year. States are beginning to experience service degradation in the form of call center magnitude of the work required has in- has been chronically underfunded in recent creased with time. The current cost estimate budget requests, due to consistently under- delays for claimants, waiting times for adju- dication of disputed claims, and reductions requires $5,761,000,000 in additional Federal estimated growth in inmate populations and funds and a non-Federal cost-share of inadequate funding requests for medical ex- in program integrity activities, tax collection, and tax audits. While funding in the $1,527,000,000. penses. As a result, BOP facilities face rising The Administration requested this funding Consolidated Appropriations Act, 2008 is suf- staff-to-inmate ratios, placing corrections under the Construction account in the fiscal ficient to cover the costs of processing 2.4 officers and inmates at unacceptable risk of year 2009 budget. The amended bill provides million Average Weekly Insured Unemploy- violence. The amended bill includes funding the full amount of the request as a supplement (AWIU), claims have already climbed for FCI Pollock activation costs and for in- mental appropriation to ensure the existing above 2.9 million AWIU. The amount pro- mate drug abuse treatment required by law. schedule for completion of 100-year protec- vided will compensate States for the claims The Administration is urged to re-estimate tion for the greater New Orleans area by 2011 workload estimated by the Department of BOP fixed costs and prisoner population for is met. However, $2,926,000,000 is provided Labor up to the point where additional funds fiscal year 2009 and to provide the House and under Flood Control and Coastal Emer- are released under a legislated trigger. Senate Committees on Appropriations with gencies in order to provide continuity in ap- those estimates no later than August 1, 2008. DEPARTMENT OF HEALTH AND HUMAN propriations for projects to repair, restore, Further, the BOP is directed to notify the SERVICES and accelerate completion of the levels of Committees of current staff-to-inmate ratios NATIONAL INSTITUTES OF HEALTH protection authorized prior to Hurricane at all Federal prisons on a monthly basis. Katrina. None of the funds recommended for OFFICE OF THE DIRECTOR OTHER AGENCIES this purpose shall be available until October (INCLUDING TRANSFER OF FUNDS) NATIONAL AERONAUTICS AND SPACE 1, 2008. ADMINISTRATION The amended bill provides $150,000,000 in In addition, the amended bill provides additional funding for the National Insti- $605,988,800 to respond to recent natural dis- SCIENCE, AERONAUTICS AND EXPLORATION tutes of Health to support additional sci- asters. The funding included under the Con- The amended bill includes $62,500,000 for entific research. This funding is to be dis- struction; Mississippi River and Tributaries; Science, Aeronautics and Exploration. tributed on a pro-rata basis across the NIH Operation and Maintenance; and Flood Con- NATIONAL SCIENCE FOUNDATION institutes and centers. trol and Coastal Emergency accounts that reference natural disasters are provided to RESEARCH AND RELATED ACTIVITIES CHAPTER 5—LEGISLATIVE BRANCH address nationwide disaster recovery and The amended bill includes $22,500,000 for HOUSE OF REPRESENTATIVES emergency situations and should not be con- Research and Related Activities, of which PAYMENT TO WIDOWS AND HEIRS OF DECEASED strued to pertain exclusively to any single $5,000,000 shall be available solely for activi- MEMBERS OF CONGRESS disaster event. The Corps shall prioritize all ties authorized by section 7002(b)(2)(A)(iv) of projects to ensure that the most critical Public Law 110–69. The amended bill provides the customary death gratuity to Annette Lantos, widow of health and safety risks are addressed. EDUCATION AND HUMAN RESOURCES Tom Lantos, late a Representative from the CONSTRUCTION The amended bill includes $40,000,000 for State of California. The amended bill includes $2,896,700,000 for Education and Related Activities of which Construction. Within the recommended $20,000,000 is for section 10 of the National TITLE III—NATURAL DISASTER RELIEF AND RECOVERY funds, $1,077,000,000 is provided to complete Science Foundation Authorization Act of the 100-year storm protection for the Lake 2002 (42 U.S.C. 1862n–1) and $20,000,000, is for CHAPTER 1—AGRICULTURE Pontchartrain and Vicinity project; activities authorized by section 10A of the DEPARTMENT OF AGRICULTURE $920,000,000 is provided to complete the 100- National Science Foundation Authorization FARM SERVICE AGENCY year storm protection for the West Bank and Act of 2002 (42 U.S.C. 1862n–1a). Vicinity project; and $838,000,000 is provided CHAPTER 3—ENERGY EMERGENCY CONSERVATION PROGRAM for elements of the Southeast Louisiana DEPARTMENT OF ENERGY The amended bill provides $89,413,000 for Urban Drainage project that are within the the Emergency Conservation Program for ENERGY PROGRAMS geographic perimeter of the West Bank and disaster relief. The recent Midwest floods Vicinity projects and the Lake Pont- SCIENCE and tornadoes have added to disaster relief chartrain and Vicinity project. The amended bill includes an additional funding needs. Therefore, these funds are The amended bill includes a provision $62,500,000 for Science. The Department of provided to meet these and other disaster re- which requires the Lake Pontchartrain and Energy is instructed to utilize this funding lief funding needs. Vicinity, West Bank and Vicinity and South- to eliminate all furloughs and reductions in east Louisiana projects be cost shared 65 per- NATURAL RESOURCES CONSERVATION SERVICE force which are a direct result of budgetary cent Federal and 35 percent non-Federal as constraints. Workforce reductions which are EMERGENCY WATERSHED PROTECTION PROGRAM proposed by the Administration with a re- a result of completed work or realignment of The amended bill provides $390,464,000 for sulting Federal cost of $2,835,000,000 and a mission should proceed as planned. This the Emergency Watershed Protection Pro- non-Federal cost of $1,527,000,000. While the funding is intended to maintain technical ex- gram for disaster relief. The recent Midwest amended bill includes specific statutory dol- pertise and capability at the Office of floods and tornadoes have added to disaster lar amounts for the three projects, statutory Science, and may be used for National Lab- relief funding needs. Therefore, these funds language has been included that would allow oratory Research and Development including are provided to meet these and other disaster the Administration to request a reprogram- research related to new neutrino initiatives. relief funding needs. ming of funds, if required. However, the

VerDate Aug 31 2005 05:30 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.052 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6251 Corps should use this reprogramming ability Orleans metropolitan area with particular These are the ideal and proven housing pro- sparingly. attention to Options 1, 2 and 2a and within 90 grams for creating permanent supportive Due to recent natural disasters, the Corps days of enactment of this Act provide the housing for the populations in question. The of Engineers has identified a number of House and Senate Appropriation Committees program funds are provided to the State of projects that are currently under construc- cost estimates to implement Options 1, 2 and Louisiana or its designee or designees, and tion that have been damaged by storm and 2a of the above cited report. Current plans do language is included stating that the admin- flood events. The amended bill includes not fully account for the operational chal- istering entity or entities can act as a public $61,700,000 for the Corps to repair and reha- lenges that arise during major storm events housing agency for purposes of administering bilitate these construction projects that and are not, therefore, fully protective of the funding. were affected by natural disasters. public safety. COMMUNITY PLANNING AND DEVELOPMENT MISSISSIPPI RIVER AND TRIBUTARIES EXPENSES COMMUNITY DEVELOPMENT FUND Due to recent natural disasters, the Corps The amended bill includes $1,500,000 for ad- of Engineers has identified a number of Fed- ditional oversight and management costs as- The amended bill provides $300,000,000 for erally-maintained construction and mainte- sociated with Hurricane Katrina recovery ef- the Community Development Fund for nec- nance projects that have been damaged or forts. essary expenses related to disaster relief, otherwise impacted by storm and flood CHAPTER 4—SMALL BUSINESS long-term recovery, and restoration of infra- events. The amended bill includes $17,590,000 structure in areas for which the President SMALL BUSINESS ADMINISTRATION for the Corps to repair and rehabilitate these declared a major disaster. projects that were affected by natural disas- DISASTER LOANS PROGRAM ACCOUNT TITLE IV—EMERGENCY UNEMPLOYMENT ters. (INCLUDING TRANSFER OF FUNDS) COMPENSATION OPERATION AND MAINTENANCE Based on early estimates of damages due to severe storms and flooding in a number of The amended bill includes language pro- Due to recent natural disasters, the Corps states, the amended bill includes $164,939,000 viding a temporary extension of unemploy- of Engineers has identified a number of navi- in loan subsidy for the costs of providing di- ment benefits to workers who have lost their gation and flood damage reduction projects rect loans for homeowners and business-own- jobs. Specifically, the amended bill provides that have been impacted by storm and flood ers so that they can recover from the effects up to 13 weeks of extended unemployment events. The amended bill provides $298,344,000 of these disasters. The amended bill also in- benefits in every State to workers exhaust- for the Corps to restore navigation channels cludes a total of $101,814,000 for the adminis- ing regular unemployment compensation. and harbors to pre-storm conditions; and to trative costs for carrying out the loan pro- The extended benefits program will termi- repair eligible flood damage reduction and gram. These funds will provide for the on nate on March 31, 2009. The percentage of other projects in States affected by natural site presence of Small Business Administra- workers exhausting unemployment benefits disasters. tion (SBA) employees to assist disaster vic- is currently 37 percent, which is higher than FLOOD CONTROL AND COASTAL EMERGENCIES tims in obtaining low interest loans from the at the beginning of any of the past five reces- The amended bill provides $3,152,854,800 for SBA. Funding will support additional to sions. Not only will workers and their fami- Flood Control and Coastal Emergencies. The staff in call centers, disaster resource sites, lies benefit from extended benefits, providing funding includes, at full Federal expense, the and loan processing centers and for field in- this financial assistance also can reduce the following amounts: $704,000,000 to modify the spections to verify damages and losses of severity and duration of an economic down- 17th Street, Orleans Avenue, and London Av- homes and businesses. Funding is also nec- turn. Experts agree that extending unem- enue drainage canals and install pumps and essary to hire additional attorneys to carry ployment benefits is one of the most cost-ef- closure structures at or near the lakefront; out the loan closing process, as well as staff fective and fast acting forms of economic $90,000,000 for storm-proofing interior pump to service the loans. Of this amount, stimulus because workers who have lost stations to ensure the operability of the sta- $6,000,000 may be transferred to the Salaries their paychecks have little choice but to tions during hurricanes, storms, and high and Expenses account for indirect adminis- spend these benefits quickly. water events; $459,000,000 for armoring crit- trative expenses and $1,000,000 is for the Of- TITLE V—VETERANS EDUCATIONAL ical elements of the New Orleans hurricane fice of Inspector General for audits and re- ASSISTANCE and storm damage reduction system; views of disaster loans. $53,000,000 to improve protection at the Inner CHAPTER 5—FEMA DISASTER RELIEF Title V of the amended bill includes provi- Harbor Navigation Canal; $456,000,000 to re- sions designed to expand the educational DEPARTMENT OF HOMELAND SECURITY place or modify certain non-Federal levees in benefits for men and women who have served Plaquemines Parish to incorporate the lev- FEDERAL EMERGENCY MANAGEMENT AGENCY in the armed forces since the terrorist at- ees into the existing New Orleans to Venice DISASTER RELIEF tacks of September 11, 2001. The provisions hurricane protection project; $412,000,000 for The amended bill provides an additional will closely resemble the educational bene- reinforcing or replacing flood walls, as nec- $897,000,000 for Disaster Relief. The recent fits provided to veterans returning from essary, in the existing Lake Pontchartrain Midwest floods and tornadoes have added to World War II. and Vicinity project and the existing West disaster relief funding needs. The 1993 Mid- The benefits included in title V would Bank and Vicinity project to improve the west floods cost FEMA over $1.1 billion fif- apply to all members of the military who performance of the systems; $393,000,000 for teen years ago and the current damage is have served on active duty, including acti- repair and restoration of authorized protec- likely to cost at least this amount, but in in- vated reservists and National Guard. To tions and floodwalls; and $359,000,000 to com- flated dollars. This funding is provided to qualify, veterans must have served at least plete the authorized protection for the Lake partially meet these and other disaster relief three months of qualified active duty, begin- Pontchartrain and Vicinity Project, for the funding needs. ning on or after September 11, 2001. The West Bank and Vicinity Project and the New CHAPTER 6—HOUSING AND URBAN amended bill provides for benefits to be paid Orleans to Venice Project. While the Com- DEVELOPMENT in amounts linked to the amount of active mittee has recommended specific statutory DEPARTMENT OF HOUSING AND URBAN duty service. dollar amounts for the projects identified DEVELOPMENT In addition to tuition and other estab- under this heading, statutory language has lished charges, the benefit includes a month- PERMANENT SUPPORTIVE HOUSING been included that would allow the Adminis- ly stipend for housing costs as well as tuto- tration to request a reprogramming of funds, The amended bill includes funding for Lou- rial assistance and licensure and certifi- if required. However, the Corps should use isiana Permanent Supportive Housing, in the cation tests. this reprogramming ability sparingly. amount of $73,000,000. This is a new program, Due to recent natural disasters, the Corps and the money is split between two accounts The amended bill would create a new pro- of Engineers has identified a number of in the bill—the Homeless Assistance Grants gram in which the government will agree to projects that have been damaged by storm and the Project-Based Rental Assistance pro- match, dollar for dollar, any voluntary addi- and flood events. The amended bill includes grams. This program will provide funding for tional contributions to veterans from insti- $226,854,800 for the Corps to prepare for flood, the 3,000 units of permanent supportive hous- tutions whose tuition is more expensive than hurricane and other natural disasters and ing that are envisioned in the HUD-approved the maximum educational assistance pro- support emergency operations, repairs, and Louisiana Road Home Program. This will en- vided in the amended bill. other activities in response to flood and hur- able the promise of the Road Home Program In addition, title V allows for members of ricane emergencies, as authorized by law; to to address the housing needs of our most vul- the armed services to transfer their benefits repair and rehabilitate eligible projects that nerable citizens, in particular extremely to their spouse or children. were affected by natural disasters; and to low-income homeless, disabled and frail el- Finally, the amended bill provides for the fund claims processing and discovery costs derly persons, to be fulfilled. Of the veterans to have up to fifteen years after associated with Hurricane Katrina lawsuits. $73,000,000 provided, $20,000,000 will fund 2,000 they leave active duty to use their edu- The amended bill includes a provision di- project-based vouchers (funded for 1-year cational assistance entitlement. Veterans recting the Corps to continue the NEPA al- terms) with $3,000,000 in administrative fees, would be barred from receiving concurrent ternative evaluation of all options for per- and $50,000,000 will fund 1,000 Shelter Plus assistance from this program and another manent pumping of storm water in the New Care units (funded for five-year terms). similar program.

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Fraud Loophole Act,’’ passed by the House The moratorium on these six regulations is Section 8002 provides that, unless other- on April 23, 2008 and was in the Senate included in the amended bill due to concerns wise noted, all appropriations in this Act are designated as emergency requirements and amendment adopted on May 22, 2008. It closes about their potential negative impact on es- necessary to meet emergency needs pursuant a loophole in a proposed rule so that manda- sential medical services for millions of peo- to section 204(a) of S. Con. Res. 21 and sec- tory fraud reporting requirements would ple, particularly for seniors, people with dis- tion 301(b)(2) of S. Con. Res. 70, the congres- apply to U.S. contractors working overseas abilities, and children, and on the providers sional budget resolutions for fiscal years 2008 as well as to contractors working here at of these safety net services. These regula- home. and 2009. tions also would have a far-reaching impact Section 8003 provides for a reduction of CHAPTER 2—GOVERNMENT FUNDING on graduate medical education, outreach and TRANSPARENCY $3,577,845,000 from the Procurement; Re- supportive services designed to help individ- search, Development, Test and Evaluation; Chapter 2 of title VI is identical to the lan- uals get the medical care they need, and fos- and Defense Working Capital headings with- guage of H.R. 3928, ‘‘Government Funding ter care services. in chapter 1 of title IX of this Act. The sec- Transparency Act of 2007,’’ passed by the According to the Congressional Budget Of- tion also provides that the reduction shall be House on April 23, 2008 and was in the Senate fice (CBO), these regulatory changes would applied proportionally to each appropriation amendment adopted on May 22, 2008. It re- reduce Federal Medicaid spending by more account under such headings, and to each quires any company or organization receiv- than $17,500,000,000 over the next five years, program, project, and activity within each ing at least $25 million and 80 percent or such appropriation account. more of their revenue from federal payments shifting these costs to States and localities. These cuts would occur during an economic Section 8004 amends section 9310 of this to disclose the compensation of their most Act, which prohibits the obligation or ex- highly-compensated officers. downturn when States and localities are least able to restore services. Further, the penditure of funds available to the Depart- TITLE VII—MEDICAID PROVISIONS authorizing committees indicate that many ment of Defense to implement any final ac- Title VII of the amended bill includes lan- of these regulations alter longstanding Med- tion on joint basing initiatives. The amend- guage extending the current moratorium to icaid policy without specific Congressional ment excepts funds deposited in the Depart- April 2009 on four Medicaid regulations per- authorization. ment of Defense Base Closure Account 2005 taining to: graduate medical education pay- from this restriction. ments; limits on payments to government Additional time is required to examine the Section 8005 makes funds provided in Pub- safety net providers; rehabilitation services; potential impact of these regulations. Ac- lic Law 110–28, which remain available for and school-based administrative and special- cordingly, the amended bill includes obligation, within the operation and mainte- ized medical transportation services for chil- $5,000,000 for a study to be completed no later nance portion of the Defense Health Program dren. The amended bill also establishes a than September 2009 by an independent enti- for Post Traumatic Stress Disorder and moratorium for the same period for two Med- ty to assess the prevalence of the problems Traumatic Brain Injury (TBI) available for icaid regulations pertaining to: health care in the Medicaid program the regulations psychological health and traumatic brain in- provider taxes and targeted case manage- were intended to address and their impact on jury. ment. The cost of the moratoria is fully off- each State. The amended bill also includes Section 8006 provides that this Act may be set over five and ten years in the amended $25,000,000 for the purpose of reducing fraud referred to as the ‘‘Supplemental Appropria- bill by provisions that extend an asset and abuse in the Medicaid program. tions Act, 2008’’.

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DISCLOSURE OF CONGRESSIONALLY DIRECTED included in the House amendment discussed tained in the Senate-passed amendment. Nei- SPENDING ITEMS in this explanatory statement, along with ther the amendment nor the explanatory Following is a list of congressionally di- the name of the Senator who submitted a re- statement contains any limited tax benefits rected spending items (as defined in rule quest to the Committee of jurisdiction for or limited tariff benefits as defined in rule XLIV of the Standing Rules of the Senate) the items so identified. The items were con- XLIV. MILITARY CONSTRUCTION [In thousands of dollars]

Account State Location Project Title Amount Requested By

Army ...... Alaska ...... Fort Wainwright ...... Child Development Center ...... 17,000 The Administration 1 Army ...... California ...... Fort Irwin ...... Child Development Center ...... 11,800 The Administration 1 Navy ...... California ...... Camp Pendleton ...... Armory—5th Marine Regiment ...... 10,890 The President Navy ...... California ...... Camp Pendleton ...... Bachelor Quarters & Armory ...... 34,970 The President Navy ...... California ...... Camp Pendleton ...... Bachelor Quarters & Dining Facility ...... 24,390 The President Navy ...... California ...... Camp Pendleton ...... Company Headquarters—Military Police ...... 8,240 The President Navy ...... California ...... Camp Pendleton ...... Explosive Ordinance Detachment—Ops ...... 13,090 The President Navy ...... California ...... Camp Pendleton ...... Intelligence Surveillance Reconnaissance ...... 1,114 The President Navy ...... California ...... Camp Pendleton ...... Armory—Regimental & Battalion HQ ...... 5,160 The President Navy ...... California ...... Camp Pendleton ...... Armory—Intelligence Battalion ...... 4,180 The President Navy ...... California ...... Camp Pendleton ...... JIEDDO Battle Courses ...... 9,270 The Administration 1 Navy ...... California ...... China Lake ...... JIEDDO Battle Courses ...... 7,210 The Administration 1 Navy ...... California ...... Point Mugu ...... JIEDDO Battle Courses ...... 7,250 The Administration 1 Navy ...... California ...... San Diego ...... Child Development Center ...... 17,930 The Administration 1 Navy ...... California ...... Twentynine Palms ...... Regimental Headquarters Addition ...... 4,440 The President Navy ...... California ...... Twentynine Palms ...... JIEDDO Battle Courses ...... 11,250 The Administration 1 Air Force ...... California ...... Beale AFB ...... Child Development Center ...... 17,600 The Administration 1 Army ...... Colorado ...... Fort Carson ...... Child Development Center ...... 8,400 The Administration 1 Army ...... Colorado ...... Fort Carson ...... Soldier Family Assistance Center ...... 8,100 The President Navy ...... Florida ...... Eglin AFB ...... JIEDDO Battle Course Additions ...... 780 The Administration 1 Air Force ...... Florida ...... Eglin AFB ...... Child Development Center ...... 11,000 The Administration 1 Army ...... Georgia ...... Fort Gordon ...... Child Development Center ...... 7,800 The Administration 1 Army ...... Georgia ...... Fort Stewart ...... Soldier Family Assistance Center ...... 6,000 The President Defense-Wide ...... Georgia ...... Fort Benning ...... Hospital Replacement ...... 350,000 ( 2 ) Army ...... Hawaii ...... Schofield Barracks ...... Child Development Center ...... 12,500 The Administration 1 Army ...... Kansas ...... Fort Riley ...... Transitioning Warrior Support Complex ...... 50,000 The President Defense-Wide ...... Kansas ...... Fort Riley ...... Hospital Replacement ...... 404,000 (2 ) Army ...... Kentucky ...... Fort Campbell ...... Child Development Center ...... 9,900 The Administration 1 Army ...... Kentucky ...... Fort Campbell ...... Soldier Family Assistance Center ...... 7,400 The President Army ...... Kentucky ...... Fort Knox ...... Child Development Center ...... 7,400 The Administration 1 Army ...... Louisiana ...... Fort Polk ...... Soldier Family Assistance Center ...... 4,900 The President Navy ...... Mississippi ...... Gulfport ...... JIEDDO Battle Courses ...... 6,570 The Administration 1 Army ...... Missouri ...... Fort Leonard Wood ...... Starbase Complex 6, Phase 1 ...... 50,000 ( 2 ) Air Force ...... New Jersey ...... McGuire AFB ...... JIEDDO Training Facility ...... 6,200 The Administration 1 Air Force ...... New Mexico ...... Cannon AFB ...... Child Development Center ...... 8,000 The Administration 1 Army ...... New York ...... Fort Drum ...... Warrior in Transition Facilities ...... 38,000 The President Army ...... North Carolina ...... Fort Bragg ...... Child Development Center ...... 8,500 The Administration 1 Navy ...... North Carolina ...... Camp Lejeune ...... Child Development Center ...... 16,000 The Administration 1 Navy ...... North Carolina ...... Camp Lejeune ...... JIEDDO Battle Courses ...... 11,980 The Administration 1 Navy ...... North Carolina ...... Camp Lejeune ...... Maintenance/Operations Complex ...... 43,340 The President Defense-Wide ...... North Carolina ...... Camp Lejeune ...... Hospital Addition/Alteration ...... 64,300 ( 2 ) Army ...... Oklahoma ...... Fort Sill ...... Child Development Center ...... 9,000 The Administration 1 Navy ...... South Carolina ...... Parris Island ...... Recruit Barracks ...... 25,360 ( 2 ) Army ...... Texas ...... Fort Bliss ...... Child Development Center ...... 5,700 The Administration 1 Army ...... Texas ...... Fort Bliss ...... Child Development Center ...... 5,900 The Administration 1 Army ...... Texas ...... Fort Bliss ...... Child Development Center ...... 5,700 The Administration 1 Army ...... Texas ...... Fort Hood ...... Child Development Center ...... 7,200 The Administration 1 Army ...... Texas ...... Fort Hood ...... Warrior in Transition Facilities ...... 9,100 The President Army ...... Texas ...... Fort Sam Houston ...... Child Development Center ...... 7,000 The Administration 1 Defense-Wide ...... Texas ...... Fort Sam Houston ...... Burn Rehab Unit ...... 21,000 The President Army ...... Virginia ...... Fort Lee ...... Child Development Center ...... 7,400 The Administration 1 Navy ...... Virginia ...... Yorktown ...... JIEDDO Battle Courses ...... 8,070 The Administration 1 Army ...... Afghanistan ...... Bagram ...... Administrative Building ...... 13,800 The Administration 1 Army ...... Afghanistan ...... Bagram ...... New Roads ...... 27,000 The President Army ...... Afghanistan ...... Bagram ...... Ammunition Supply Point ...... 62,000 The President Army ...... Afghanistan ...... Bagram ...... Power Plant ...... 41,000 The President Army ...... Afghanistan ...... Bagram ...... Bulk Fuel Storage & Supply, Phase 3 ...... 23,000 The President Army ...... Afghanistan ...... Bagram ...... Bulk Fuel Storage & Supply, Phase 4 ...... 21,000 The President Army ...... Afghanistan ...... Various Locations ...... CIED Road—Rte Alaska ...... 16,500 The President Army ...... Afghanistan ...... Bagram ...... Aircraft Maintenance Hangar ...... 5,100 The President Army ...... Afghanistan ...... Ghazni ...... Rotary Wing Parking ...... 5,000 The President Army ...... Afghanistan ...... Kabul ...... Consolidated Compound ...... 36,000 The President Army ...... Afghanistan ...... Various Locations ...... CIED Road—Rte Connecticut ...... 54,000 The President Air Force ...... Afghanistan ...... Bagram ...... Strategic Ramp ...... 43,000 The President Air Force ...... Afghanistan ...... Bagram ...... Parallel Taxiway, Phase 2 ...... 21,400 The President Air Force ...... Afghanistan ...... Bagram ...... East Side Helo Ramp ...... 44,400 The President Air Force ...... Afghanistan ...... Kandahar ...... ISR Ramp ...... 26,300 The President Navy ...... Djibouti ...... Camp Lemonier ...... Network Infrastructure Expansion ...... 6,270 The President Navy ...... Djibouti ...... Camp Lemonier ...... Dining Facility ...... 20,780 The Administration 1 Navy ...... Djibouti ...... Camp Lemonier ...... Water Production ...... 19,140 The President Navy ...... Djibouti ...... Camp Lemonier ...... Full Length Taxiway ...... 15,490 The Administration 1 Navy ...... Djibouti ...... Camp Lemonier ...... Fuel Farm ...... 4,000 The Administration 1 Navy ...... Djibouti ...... Camp Lemonier ...... Western Taxiway ...... 2,900 The Administration 1 Army ...... Iraq ...... Camp Adder ...... Petro Oil & Lubricant Storage ...... 10,000 The President Army ...... Iraq ...... Camp Adder ...... Waste Water Treatment & Collection ...... 9,800 The President Army ...... Iraq ...... Camp Adder ...... Convoy Support Center Relocation, Phase 2 ...... 39,000 The President Army ...... Iraq ...... Al Asad ...... Landfill Construction ...... 3,100 The President Army ...... Iraq ...... Al Asad ...... Hot Cargo Ramp ...... 18,500 The President Army ...... Iraq ...... Al Asad ...... South Airfield Apron (India Ramp) ...... 28,000 The President Army ...... Iraq ...... Camp Anaconda ...... Landfill Construction ...... 6,200 The President Army ...... Iraq ...... Camp Anaconda ...... Hazardous Waste Incinerator ...... 4,300 The President Army ...... Iraq ...... Camp Constitution ...... Juvenile TIFRIC ...... 11,700 The President Army ...... Iraq ...... Fallujah ...... Landfill Construction ...... 880 The President Army ...... Iraq ...... Camp Marez ...... Landfill Construction ...... 880 The President Army ...... Iraq ...... Q-West ...... North Entry Control Point ...... 11,400 The President Army ...... Iraq ...... Q-West ...... Perimeter Security Upgrade ...... 14,600 The President Army ...... Iraq ...... Camp Ramadi ...... Landfill Construction ...... 880 The President Army ...... Iraq ...... Scania ...... Entry Control Point ...... 5,000 The President Army ...... Iraq ...... Scania ...... Water Storage Tanks ...... 9,200 The President Army ...... Iraq ...... Camp Speicher ...... Military Control Point ...... 5,800 The President Army ...... Iraq ...... Camp Speicher ...... Landfill Construction ...... 5,900 The President Army ...... Iraq ...... Camp Speicher ...... Aviation Navigation Facilities ...... 13,400 The President Army ...... Iraq ...... Camp Taqqadum ...... Landfill Construction ...... 880 The President Army ...... Iraq ...... Camp Victory ...... Landfill Construction ...... 6,200 The President Army ...... Iraq ...... Camp Victory ...... Level 3 Hospital ...... 13,400 The President Army ...... Iraq ...... Camp Victory ...... Waste Water Treatment & Collection ...... 9,800 The President Army ...... Iraq ...... Camp Victory ...... Water Supply, Treatment & Storage, Phase 3 ...... 13,000 The President Army ...... Iraq ...... Camp Victory ...... Water Treatment & Storage, Phase 2 ...... 18,000 The President Army ...... Iraq ...... Camp Warrior ...... Landfill Construction ...... 880 The President Army ...... Iraq ...... Various Locations ...... Overhead Cover—eGlass ...... 30,000 The President Army ...... Iraq ...... Various Locations ...... Overhead Cover—eGlass, Phase 4 ...... 105,000 The President Air Force ...... Iraq ...... Balad AB ...... Helicopter Maintenance Facilities ...... 34,600 The President Air Force ...... Iraq ...... Balad AB ...... Foxtrot Taxiway ...... 12,700 The President

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Account State Location Project Title Amount Requested By

Air Force ...... Iraq ...... Balad AB ...... Fighter Ramp ...... 11,000 The President Army ...... Kuwait ...... Camp Arifjan ...... Communications Center ...... 30,000 The President Air Force ...... Kyrgyzstan ...... Manas AB ...... Strategic Ramp ...... 30,300 The President Air Force ...... Oman ...... Masirah AB ...... Expeditionary Beddown Site ...... 6,300 The Administration 1 Air Force ...... Qatar ...... Al Udeid ...... Facilities Replacement ...... 30,000 The Administration 1 Air Force ...... Qatar ...... Al Udeid ...... Close Air Support Parking Apron ...... 60,400 The Administration 1 Defense-Wide ...... Qatar ...... Al Udeid ...... Special Operations Forces Warehouse ...... 6,600 The President 1 These projects were requested by the Department of Defense subsequent to the submission of the President’s budget request and were not included in the official budget request. 2 These projects were added by the House Committee on Appropriations as a result of hearings, site visits, and departmental briefings on trainee and recruit facilities and medical treatment facilities.

CONGRESSIONALLY DIRECTED SPENDING ITEMS

Account Project Funding Member

SUBCOMMITTEE ON ENERGY AND WATER DEVELOPMENT Corps of Engineers—Construction ...... In the aftermath of Hurricane Katrina, Lake Ponchartrain and Vicinity, LA ...... $1,077,000,000 The President, Senators Landrieu, Vitter Corps of Engineers—Construction ...... In the aftermath of Hurricane Katrina, West Bank and Vicinity, LA ...... 920,000,000 The President, Senators Landrieu, Vitter Corps of Engineers—Construction ...... In the aftermath of Hurricane Katrina, Southeast Louisiana, LA ...... 838,000,000 The President, Senators Landrieu, Vitter Corps of Engineers—Flood Control and Coastal Emer- In the aftermath of Hurricane Katrina, 17th Street, Orleans, and London Avenue Canal pumps and closures, LA ..... 704,000,000 The President, Senators Landrieu, Vitter gencies. Corps of Engineers—Flood Control and Coastal Emer- In the aftermath of Hurricane Katrina, Stormproofing interior pump stations, LA ...... 90,000,000 The President, Senators Landrieu, Vitter gencies. Corps of Engineers—Flood Control and Coastal Emer- In the aftermath of Hurricane Katrina, Levee and critical element armoring, LA ...... 459,000,000 The President, Senators Landrieu, Vitter gencies. Corps of Engineers—Flood Control and Coastal Emer- In the aftermath of Hurricane Katrina, Navigable closure at the Inner Harbor Navigation Canal, LA ...... 53,000,000 The President, Senators Landrieu, Vitter gencies. Corps of Engineers—Flood Control and Coastal Emer- In the aftermath of Hurricane Katrina, Incorporation of Plaquemines Parish, Louisiana, Non-Federal levee ...... 456,000,000 The President, Senators Landrieu, Vitter gencies. Corps of Engineers—Flood Control and Coastal Emer- In the aftermath of Hurricane Katrina, reinforcing or Replacing Floodwalls in the existing Lake Ponchartrain and 412,000,000 The President, Senators Landrieu, Vitter gencies. Vicinity, and West Bank and Vicinity Projects in New Orleans, LA. Corps of Engineers—Flood Control and Coastal Emer- In the aftermath of Hurricane Katrina, repair and restoration of authorized protections and floodwalls in New Orle- 393,000,000 The President, Senators Landrieu, Vitter gencies. ans, LA. Corps of Engineers—Flood Control and Coastal Emer- In the aftermath of Hurricane Katrina, complete authorized Lake Ponchartrain and Vicinity and West Bank and Vi- 359,000,000 The President, Senators Landrieu, Vitter gencies. cinity projects in New Orleans, LA. SUBCOMMITTEE ON TRANSPORTATION, AND HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES Department of Housing and Urban Development: Perma- Permanent Supportive Housing vouchers for the State of Louisiana for elderly, disabled and other at-risk homeless 73,000,000 Senator Landrieu nent Supportive Housing. individuals directly impacted by Hurricane Katrina.

Mr. BYRD. Mr. President, today, the sibilities, like completing 100 percent proposal, and increases the budget for Senate Appropriations Committee re- of statutory inspections, the Senate coal enforcement to $155 million. This ported the fiscal year 2009 Labor, Appropriations Committee increased is $4.4 million above the fiscal year 2008 Health and Human Services, Edu- funding for coal enforcement from $117 enacted level, and when you discount cation, and Related Agencies Appro- million in fiscal year 2006, to $150 mil- $6 million of one-time expenditures priations Act. In this bill, the Senate lion in fiscal year 2008. In May 2006, the last fiscal year, the total increase is Committee has continued its aggres- Senate Appropriations Committee also more than $10 million. sive efforts to improve the safety of directed MSHA to hire 170 new coal in- This funding would enable MSHA to miners in the coal fields. spectors and provided $25.6 million to continue to hire inspectors, specialists, After the deadly tragedy at the Sago accomplish that task. Since then, and support staff, and to implement Mine in 2006, the Congress passed the MSHA has hired 322 coal enforcement the MINER Act. It would also enable Mine Improvement and New Emer- personnel—increasing the number of MSHA to achieve 100 percent compli- gency Response, MINER, Act, which I inspectors from 587 in June 2006, to 750 ance with its statutory mandates. In was pleased to cosponsor. Among other in May 2008. addition, the fiscal year 2009 com- things, that bill required the imme- I also proudly note that the committee-reported bill includes $2 million diate installation of emergency breath- mittee has added funding for mine safe- above the president’s budget request ing devices and also the installation of ty research at NIOSH, increasing to $50 for MSHA to minimize coal dust levels wireless communications and tracking million the budget for the development through increased spot inspections. equipment by June 2009. The MINER of health and safety technologies. The This is a new funding priority for the Act also required the Mine Safety and committee also provided $23 million in committee, in light of NIOSH reports Health Administration, MSHA, to draft the fiscal years 2006 and 2007 Supple- in 2007 about alarming clusters of rap- several new regulations, including mental Appropriations Acts in order to idly progressing black lung around rules on penalties, mine rescue teams, expedite the deployment of safety tech- southern West Virginia. The bill also and the sealing of abandoned areas. It nologies. With the funding the com- includes language requiring by March also required a report from the Na- mittee has provided since Sago, NIOSH 31, 2009, a report from MSHA on the tional Institute for Occupational Safe- has unveiled an improved self-con- feasibility and efficacy of MSHA as- ty and Health, NIOSH, on refuge alter- tained, self-rescuer, SCSR, that allows suming responsibility for collecting natives, as well as a report on belt-air miners to replace their oxygen supply dust samples and using single, full- ventilation and the fire-retardant prop- without removing their SCSR. NIOSH shift measurements instead of averages erties of belt materials from a tech- has also announced progress on more to ensure compliance with the law. nical study panel. I would note that durable and survivable communica- Mr. President, I praise the work of the Appropriations Committee in- tions systems, and completed critical the dedicated enforcement personnel cluded two amendments to the MINER studies of seals and refuge alternatives, laboring in the coal fields. With fund- Act in the fiscal year 2008 Omnibus ap- which MSHA has used as the basis for ing from the Appropriations Com- propriations bill directing MSHA to fi- its regulatory proposals. mittee, they have been working over- nalize regulations later this year that Having increased funding in previous time and putting in long and hard would implement the recommendations years, the Appropriations Committee hours. After too many years of neglect on refuge alternatives and belt safety focused this year on ensuring that the in the President’s budgets, I am proud provided by NIOSH and the Technical administration does not back away to note that there are visibly and no- Study Panel. MSHA issued the pro- from its commitment to mine safety. ticeably more inspectors in the coal posed rules this month for comment. In his fiscal year 2009 budget, President fields today, and additional inspectors In order to meet these new mandates Bush proposed cutting coal enforce- are on the way. That is real, tangible and so that MSHA can fulfill its other ment by $10 million. The committee-re- progress. We must continue it. The ar- important health and safety respon- ported fiscal year 2009 bill rejects this gument that MSHA can now afford to

VerDate Aug 31 2005 05:30 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.052 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6263 cut back its budget for coal enforce- mander’s Emergency Response Pro- now no time or opportunity to consider ment must not be allowed to take root. gram because all the money had essen- the matter further. I share the Presi- We must provide MSHA personnel with tially already been allocated. We are dent’s concerns about excessive spend- everything they need to do their job. more than two-thirds of the way ing. But 16 months have passed since As coal production increases across the through the fiscal year, yet Congress the President’s supplemental request Nation and MSHA struggles to imple- has provided less than one-third of the was submitted, and 6 months have ment the mandates of the MINER Act, funds requested for this emergency re- passed since the 2008 bills were enacted. the Congress must ensure sufficient sponse. Admiral Mullen said, and I In that time natural disasters have oc- funding to ensure that each and every quote, curred and additional disaster-related mandate of the Coal Act is enforced. I’m especially concerned about the avail- needs have become apparent. Mr. COCHRAN. Mr. President, over ability of funds into the Commander’s Emer- In March of this year, three barracks the past few months I have spoken sev- gency Response Program, authority for at Camp Shelby in Mississippi suffered eral times in this Chamber about the which expires next month. (The program) significant damage and destruction need to approve a supplemental request has proven in most cases more valuable and after violent weather. Fourteen sol- from the President for appropriations perhaps more rapid than bullets or bombs in diers were hospitalized; four of the sol- the fight against extremism . . . to fund activities and operations of the diers sustained serious injuries. Many Department of Defense. Progress on I worry that the Congress is becom- other structures were damaged. The this request has been terribly slow. It ing an impediment to the efficiency Senate-passed spending bill contained has now been more than 500 days since and the capability of our government, funding to rebuild these barracks, but the President submitted his request. and to our Department of Defense par- the continued delays in funding pre- In a hearing before the Defense Ap- ticularly. I worry that we are not act- vent this important work from being propriations Subcommittee last ing as expeditiously as we should to started. Floodwaters continue to in- month, Secretary of Defense Gates tes- protect our troops in the field that are flict damages to farms, homes, and tified that the military personnel ac- conducting dangerous missions. The businesses along the Mississippi River. counts that pay our soldiers, and the delays we have experienced with this There is little question that additional operations and maintenance accounts supplemental were as unnecessary as resources will be required to respond to that fund readiness, training and sala- they are inexcusable. this continuing disaster. ries of civilian employees were running I am also disappointed that the sup- I am speaking today in part to draw dry. Secretary Gates has been able to plemental before the Senate means attention to what I feel has been a poor forestall this depletion of funds for a that the gulf coast’s ongoing recovery performance by Congress on this bill. short period of time, but only by em- from Hurricane Katrina will be slowed. But I also come to the floor because ploying measures that are disruptive to Mississippi’s gulf coast suffered tre- there is no other venue to express my the operations and management of the mendous devastation as Senators know views on the supplemental. There was Department of Defense. as a result of Hurricane Katrina. There no conference committee appointed to Secretary Gates has had to transfer was significant loss of life as well as resolve differences between the House funding from Air Force, Navy and Ma- significant damage to property. In last and Senate. There were no meetings of rine accounts to the Army to enable year’s supplemental spending bill, the the chairmen and ranking members of the Army to meet its military and ci- Congress tasked the U.S. Army Corps the Appropriations Committees or of vilian payroll, and to fund current op- of Engineers to recommend measures the subcommittees involved. And there erations. It is incredible to think that to protect the Mississippi gulf coast has been virtually no opportunity for to be able to pay military personnel from future storms. The Corps of Engi- Members of this body to offer amend- who are on the frontlines, engaged in neers has drafted its recommendations, ments to the bill. I regret that. It is combat, the Secretary of Defense has and the Senate responded by including not the way we should discharge our had to transfer funding between ac- funding for these important Corps-rec- responsibilities. I think there is little counts because the Congress will not ommended projects in our version of question that had we followed regular act on a supplemental request that has the supplemental appropriations bill. order we could have enacted a supple- been pending for almost a year and a One of the projects included in the mental a month ago, and spared our half. Senate-passed supplemental is the res- men and women in the field a great The delay in providing supplemental toration of Mississippi’s Barrier Is- deal of uncertainty. funding has caused the Defense Depart- lands. These islands, which are feder- I support this supplemental and urge ment to divert thousands of man hours ally owned, suffered terrible damage my colleagues to do the same, but hope from focusing on how best to support after Hurricane Camille in 1969 and are that we can do better next time. our men and women in uniform to fig- now so vulnerable that even a rel- Mr. REID. Mr President, momen- uring out how to cash flow the Defense atively small hurricane may destroy tarily, the Senate will move to pass the Department so our men and women in them completely. These are my State’s domestic portion of the emergency sup- uniform will receive a paycheck. We last line of defense before a major hur- plemental appropriations bill. will probably never know how many ricane moves inland. Continued delay After months of negotiation, I am millions of dollars have been wasted leaves my state more vulnerable. confident that we will pass this legisla- during this shell game. And we will The Corps of Engineers also con- tion by an overwhelming bipartisan probably never know how many sailors, cluded that homeowner relocation as- margin. soldiers, airmen or marines have been sistance would be the most effective al- For our troops, for the unemployed, put at greater risk because Defense De- ternative for reducing the risk from fu- and for those who have suffered from partment leaders and managers have ture hurricane surge events by relo- natural disasters and economic hard- had to shift their attention from sup- cating structures and population cen- ship, this legislation is a long-overdue porting the warfighter to figuring out ters from the high risk zones. This vol- victory. how to make the payroll, or deciding untary program would assist those who I am glad we have reached this point, what activities are ‘‘exempt’’ from ces- are looking to locate outside the high- but it has not come easily. sation because the Department’s fund- hazard area. It is vital not only to re- My colleagues will recall that when ing has been depleted. covery but also for protection from a President Bush requested yet another The delay in providing funding for future disaster. We are now in the supplemental war funding bill, he said our troops has disrupted operations in midst of another hurricane season, and to Congress—give me my war money Afghanistan as well as Iraq. Admiral every day this Congress does not act is and not a penny more. Mullen, the Chairman of the Joint 1 more day that Mississippians are at He said that even after appropriating Chiefs of Staff, testified at a Defense risk. $660 billion for war, any effort by Con- Appropriations Subcommittee hearing Unfortunately, all of these items gress to address our needs here at home that during his visit to the front lines were dropped from the bill by the other would be met with a veto. he learned that the soldiers were un- body, and because of the long delay in Some of our Republican colleagues able to allocate funds from the Com- acting on the supplemental there is said—why bother trying—why take the

VerDate Aug 31 2005 05:30 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.088 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6264 CONGRESSIONAL RECORD — SENATE June 26, 2008 time to legislate—when the President state public school, plus books and a bill does not include extra benefits for has made his veto plans clear? stipend for housing. states with high unemployment rates, I Our answer then was it is our job to For those who have said it costs too believe this unemployment insurance legislate. much, I say our troops have more than extension, or benefits of an additional The Constitution calls for three sepa- earned it. 13 weeks for all States, is an important rate but equal branches of government. And every dollar we invest in edu- step forward. If the trend of rising un- A President’s veto threat must not cating our veterans today comes back employment rates continues, it is my stop us from doing what we think is to our economy seven times over. hope that Congress will consider an- right. But, new GI bill is not the only im- other emergency unemployment insur- So we did not blink or back down. We portant investment this supplemental ance package that will do more to help said that after $600 billion spent on legislation makes. states struggling with the highest Iraq, it is long past time to take care It also extends unemployment insur- rates of unemployment. of some problems right here in Amer- ance for all states by 13 weeks and an The Nation’s unemployment rate ica. additional 13 weeks for States with the jumped to 5.5 percent in May from 5 We did exactly what the Congress is highest unemployment. percent in April—the biggest jump in 1 meant to do: we legislated. We nego- The Congressional Budget Office and month in 22 years. Since the beginning tiated. We compromised. many economists say that extending of the Bush administration, Michigan And because we did, we now stand unemployment insurance is among the has suffered significant jobs losses and ready to deliver a major victory for the most effective steps we can take to the State’s unemployment rate has in- American people. stimulate the economy. creased from 4.5 percent in January After months of inching ever closer— We have talked for months about the 2001 to 8.5 percent in May of this year, despite some Republicans who said it need to help struggling Americans keep the highest unemployment rate in the wasn’t worth the cost—we are deliv- their heads above water as our econ- Nation. Michigan has not seen an un- ering a new GI bill to our courageous omy continues to flounder. We could employment rate this high since Octo- troops. have passed this extension months ago, ber of 1992. For too long, the adminis- Some on the other side of the aisle but passing it today is an important tration has stood idle as 3.3 million started out opposing this effort. My step. manufacturing jobs have been lost, and Republican colleagues from Arizona, This supplemental appropriations as working families have felt the South Carolina, and North Carolina op- bill also: Provides long overdue assist- squeeze of the rising costs of energy, posed it, apparently because they and ance to victims of Hurricane Katrina health care and food. An estimated others felt it was too generous to the with matching funds for levee con- 428,000 Michigan residents were unem- troops who serve. struction, law enforcement, hospitals, ployed in May. Between May 2007 and They pursued their own bill, which in homelessness and reconstruction May of this year, over 170,000 residents my view was but a pale shadow of the projects in Mississippi; comes to the exhausted their unemployment bene- GI bill we vote on tonight. aid of victims of other natural disas- fits and could not find jobs. This year, It would have fallen far short of pro- ters like floods and droughts that have on average each month about 15,000 viding our troops what they deserve. In devastated certain crops; rolls back the more Michigan residents face this same the face of their opposition, we per- Bush administration’s attempts to reg- predicament. sisted. President Bush’s opposition to an ex- President Franklin Delano Roosevelt ulate Medicaid into oblivion by block- tension of unemployment benefits is signed the original GI bill into law 64 ing six of seven administration regula- apparently based on his belief that, years ago. tions aimed at depriving children, the somehow, the availability of unem- He said at the time that the bill elderly and people with disabilities of ployment benefits would discourage ‘‘Gives emphatic notice to the men and critical services; and, this legislation people from looking for a job. I am dis- women in our Armed Forces that the invests in a variety of other critical appointed that President Bush would American people do not intend to let priorities, including infrastructure re- repeat this tired and inaccurate excuse them down.’’ pair, food and drug safety, and fire- Since President Roosevelt affixed his fighters’ assistance. for failing to provide Americans the name to that historic legislation, near- It is no secret that many Demo- help they need in these tough times. ly 8 million veterans have advanced crats—myself included—wish that The devastating reality is that about their education, gotten better jobs, and there was no such thing as an emer- 7.6 million Americans are unemployed blazed a path to a brighter future for gency supplemental appropriations and cannot find jobs, not because they themselves and their families. bill. are refusing to look, but because the Those 8 million men and women have We wish that the urgent domestic labor market simply does not have the gone on to become teachers, doctors, needs of the American people had been jobs. Millions of workers have been entrepreneurs and public servants. addressed by President Bush and fund- searching for a job for over 6 months, Several of our colleagues are among ed in the ordinary budget process. to no avail. The number of long-term them—DAN AKAKA, CHUCK HAGEL, DAN And we wish that the $660 billion we unemployed workers is now higher INOUYE, FRANK LAUTENBERG, TED STE- have already spent on the war in Iraq than when it was when we provided an VENS, JOHN WARNER and JIM WEBB. could have gone toward eliminating unemployment insurance extension in I don’t think it is presumptuous to our record deficit, and investing in 2002. The high rate of unemployment say that each one of them would credit schools, hospitals, roads, job training has disproportionately affected vet- the GI bill as one reason for what they and public safety. erans, minorities, and young people. have achieved. But despite the crushing weight of a While Americans continue to search In his time, President Roosevelt war that will cost us well more than $2 high and low for a job, their unemploy- promised to never let our troops down, trillion when all is said and done—it is ment benefits are running out. and today we stand poised to renew and our responsibility to always put the Our people face tremendous economic reinvigorate his pledge. needs of the American people first. pressures, from a rate of home fore- The new GI bill will increase edu- This supplemental appropriations closures that is up 130 percent from cational benefits for all members of the bill fulfills that responsibly. I urge all 2006, soaring costs of health care, to military who have served on active of my colleagues to support it. skyrocketing prices for food and gas. duty since September 11, including re- Mr. LEVIN. Mr. President, I strongly Unfortunately, this situation is un- servists and National Guard. support the extension of unemploy- likely to improve soon. Since President The years since September 11 have ment insurance benefits. Extending un- Bush took office, the price of health in- seen our troops strained to a level not employment insurance benefits would surance is up 44 percent, the price of seen since Vietnam, so these benefits fairly and rightly extend much needed college tuition is up 47 percent, the are hard-earned and well-deserved. assistance to Americans who are strug- price of gas is up 95 percent, the Fed- This new GI bill so covers college ex- gling to find jobs. While I was dis- eral debt has almost doubled and the penses to match the full cost of an in- appointed that the provision in this dollar has lost a third of its value.

VerDate Aug 31 2005 05:30 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.071 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6265 Meanwhile, American families are have lost homes or suffered other force are enhanced through higher edu- facing a cost crunch. According to a harm. cation. While these provisions should study by a prominent Harvard Law I joined a number of my colleagues have been paid for, passing them is the School professor, the median household from affected States in asking that least we can do for a brave generation income fell by $1,175, in 2007 dollars, be- flood relief money be included in the of Americans who have served their tween 2000 and 2006. During that same supplemental, and I am very pleased to country honorably. period, consumer expenditures for basic support the $2.65 billion in disaster re- There are other provisions in the family needs such as mortgage pay- lief in the amendment for States suf- amendment that I support, including a ments, gas, food, phone bills, household fering from record flooding. I cannot moratorium on six rules proposed by appliances, and health insurance in- emphasize enough how crucial this dis- the administration that would under- creased by $3,552, also in 2007 dollars. aster relief is to the people of Wis- mine the Medicaid Program. I am dis- Available data in 2008 suggest that the consin. Beginning on June 5, Wisconsin appointed, however, that the bill no cost of basic needs has continued to in- was struck by 7 to 9 inches of rain that longer includes vital funding for Byrne crease since 2006, and, between a lower fell over a 24-hour period, followed by grants, LIHEAP and other domestic real income and higher basic costs, destructive winds and tornadoes. So priorities. And I continue to be ex- families are facing as much as a $5,700 far, 28 counties in Wisconsin have been tremely disappointed at the willingness shortfall, as compared with 2000 fig- declared disaster areas and we expect of too many of my colleagues to pro- ures. that at least 2 more will be declared vide the President with funds to con- Extending unemployment insurance disasters shortly. This water is drain- tinue the misguided war in Iraq. While during times of recession is nothing ing into the Mississippi as we speak that funding is not included in the new. In the past 30 years, Congress has and has inundated communities amendment we will vote on today, I acted three times to establish tem- throughout Iowa, Indiana, Illinois, Mis- will continue to oppose efforts to fund porary extended unemployment bene- souri and surrounding States. a war that is damaging our national se- fits, each time during a recession. On With damage assessments underway, curity. average, the length of time that Ameri- over $400 million of damage has been Mr. CARDIN. Mr. President, the cans have struggled to get by without a identified in the State of Wisconsin spending bill we consider today con- job is longer than it has been in the 30 alone. Over 15,000 residents have reg- tains many provisions that address ur- years since Congress first extended un- istered for individual assistance in the gent needs facing our Nation’s econ- employment insurance benefits. 22 declared Wisconsin counties. An es- omy, our Nation’s families, and our Na- Extending unemployment insurance timated 4,000 wells have been contami- tion’s troops. during tough times is one of the most nated. The damage to crops will be con- Among the most important, this leg- effective ways to stimulate the econ- siderable. We have not seen devasta- islation extends unemployment insur- omy, dollar for dollar, and this money tion like this in my State since 1993. ance benefits at a time where too many can be distributed within weeks. Ex- The assistance provided in this Americans are struggling to find jobs, tending unemployment insurance is es- amendment will go a long way to help it postpones six Medicaid regulations sential to provide much-needed support families and businesses get back on that would have impeded access to to those who have lost their jobs and their feet, but additional funds may be health care for those who need it most, are struggling to reenter the job mar- needed down the road. I will continue and it provides veterans returning from ket. Workers who receive these unem- to work with my colleagues in the Sen- Iraq and Afghanistan with a new level ployment benefits are likely to spend ate to ensure that the Federal Govern- of educational benefits that will cover them quickly, making this one of the ment’s response is prompt and com- the full costs of an education at a fastest ways to infuse money into our plete. State institution. economy in the short term. I am also pleased that this amend- We have an obligation to respond to I supported an economic stimulus ment provides thirteen weeks of ex- the growing economic crisis and the package considered in the Senate, tended unemployment insurance bene- needs it has created for American fami- which included important provisions fits to workers who have exhausted lies. People are losing their homes and including an unemployment insurance their regular unemployment insurance their jobs, and along with those jobs, extension. Unfortunately, this legisla- benefits. At this critical time in our their health care. Since March 2007, the tion was blocked due to a filibuster by Nation’s economy, it is important that number of unemployed has increased Senate Republicans. It was deeply dis- Congress do what it can for workers by 1.1 million workers. We learned a appointing that the Senate was forced and families who are struggling. Ear- few weeks ago that the unemployment to pass a short-term stimulus package lier this month, the Department of rate in our country shot up by a half a that did not include an unemployment Labor released its unemployment fig- point, from approximately 5 to 5.5 per- insurance extension. On May 22, 2008, ures for the month of May showing a 1- cent. The Baltimore Sun reported last the Senate overwhelmingly supported month increase of half a percentage week that the Goodwill Industries of an amendment to the Emergency Sup- point in the unemployment rate to 5.5 the Chesapeake’s Baltimore center has plemental bill that included a 13-week percent, which was one of the biggest 1- seen an estimated 50 percent increase extension for unemployment benefits, month increases in over two decades. I in clients seeking job placement assist- with an additional 13 weeks for states joined a number of my Senate col- ance. like Michigan with high levels of un- leagues in requesting an extension of This bill includes provisions that re- employment. While the latter impor- unemployment benefits as part of the spond to these growing needs. It ex- tant provision is not included in the stimulus package Congress passed ear- tends unemployment benefits by 13 bill before us, I believe Congress must lier this year due to the fact that in- weeks for all the Nation’s workers. Ex- act with urgency to provide an emer- creasing unemployment benefits has a tending unemployment insurance this gency unemployment extension and high stimulative effect on the econ- way helps families. That is critically therefore I support this legislation. omy. It is clear that an extension of important. But it will also help our Mr. FEINGOLD. Mr. President, I sup- unemployment benefits is needed in economy. Economists estimate that port the amendment to the emergency our States and local communities now. every dollar spent on benefits leads to supplemental funding bill that provides I strongly support the provisions of $1.64 in economic growth. With this ex- needed assistance for Wisconsin and this amendment that update the GI bill tension, we will provide critical stim- other flood-stricken Midwestern to provide comprehensive educational ulus to our slowing economy. States, unemployed workers, and vet- benefits for this generation of veterans. The bill also extends a freeze on six erans. This legislation will help thousands of Medicaid rules issued by the adminis- As a result of the horrifying floods servicemembers transition back to ci- tration that would have put a tremen- that have ravaged the Midwest over vilian life as they return from demand- dous burden on State and local budgets the last 3 weeks, a number of people ing tours in Iraq and Afghanistan. It already under pressure and affected ac- have lost their lives, including two will also benefit the entire Nation as cess to services for many Marylanders residents of Wisconsin, and many more veterans’ contributions to the work- and Americans all around the country.

VerDate Aug 31 2005 05:30 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.109 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6266 CONGRESSIONAL RECORD — SENATE June 26, 2008 I want to talk about the impact of the National Institutes of Health, the Brookhaven National Laboratory and just two of those rules: one that would National Science Foundation, the Na- will work with him to attempt to ad- eliminate Medicaid coverage of trans- tional Aeronautics and Space Adminis- dress these issues if a long-term con- portation services required by students tration, and the Department of Energy. tinuing resolution becomes a reality. with special needs and the second that At a time we are all avoiding tomatoes, Mr. ENZI. Mr. President, I rise today would change benefits for case manage- this bill makes a major investment in to discuss the emergency supplemental ment services that help some of our food safety by providing additional re- bill that we are considering in the Sen- most vulnerable individuals access sources to the Food and Drug Adminis- ate. needed medical, social, and educational tration. I want to commend my colleagues This new version of the emergency services. In addition to impeding ac- supplemental bill represents a change cess to care, these two rules alone who refused to give up on these priorities even in the face of initial opposi- from the previous version. It is less ex- would have cost Maryland $67 million pensive—$3 billion less in domestic, in their first year. I was a proud co- tion and a veto threat from our Presi- dent. I am encouraged that we may nonmilitary spending that didn’t be- sponsor of S. 2819 that would have prolong in this bill in the first place. hibited the Secretary of Health and have a chance in the near future to act The bill is also better for overall de- Human Services from implementing on other domestic priorities including fense than the last version. I am speak- these rules and am glad to see that a increased energy assistance to low-in- ing of the GI bill provisions in this leg- moratorium on these rules will become come Americans facing skyrocketing fuel prices and commercial fishery dis- islation. Changes have been made to law. I am especially pleased to support aster assistance that could help Mary- try and address the transferability of provisions that provide veterans re- land’s watermen. benefits. These changes also attempt to Former President John F. Kennedy turning from Iraq and Afghanistan deal with the concern the Department said, ‘‘To govern is to choose.’’ In this with a new level of educational bene- of Defense raised about the retention of bill, this Congress is choosing to fits that will cover the full costs of an our servicemembers by requiring ex- prioritize those issues that affect education at a State institution. Some tended service for extended transfer- Americans’ lives every day, our access of my colleagues have argued that the able benefits. It does not fully address to jobs, to health care, to education, to benefit is too generous. But this coun- the concerns, but it is a step forward. safe food. I am proud to offer this bill Congressional leaders have sat down try provided our troops a similar op- my support. portunity after World War II. That in- with the administration and developed NATIONAL SYNCHROTRON LIGHT SOURCE II vestment created a generation of great a bill that President Bush can sign. Mr. SCHUMER. Mr. President, I rise leaders and an economic boom that I recently had the opportunity to ad- today to ask my colleague, the chair- transformed our country. dress Wyoming’s American Legion con- man of the Energy and Water Appro- A new GI bill allows a new genera- vention in Riverton, WY. They support priations Subcommittee, about a mat- tion of brave men and women to fulfill improvements in the GI bill but never ter that may become an issue if we do their dreams and adjust to civilian life. want to see any veterans, from World not pass the fiscal year 2009 appropria- Just today a young man came into my War II to our current operation, be tions bills in a timely manner. As you office, a Maryland National Guards- used for gotcha politics. I think they know, there are several critically im- man, who had served two tours of duty will be pleased that changes and important projects in the Department of in Iraq. While overseas on his second provements were made. Energy’s Office of Science budget in tour, he missed the birth of his first various stages of development. One of This isn’t a perfect bill. There is still child. Now that he is home, he wants to the projects is the National Synchro- some overspending on non-military pursue an education. Although inter- tron Light Source II at Brookhaven matters. The bill was force fed through ested in a program at my State’s flag- National Laboratory. This project is in the process. Amendments that could ship institution, the University of the design phase and is expected to improve the bill further were shunned Maryland at College Park, the tuition begin construction in the early part of by the majority leadership. was beyond his means and he enrolled 2009. The fact remains, however, that we in a community college instead where The fiscal year 2008 Omnibus appro- need to fund our troops. We need to he will shortly complete his associate’s priations bill provided approximately provide our men and women in uniform degree program. He came into my of- $20 million less than the budget re- with the best possible equipment and fice to explain his situation and ask quest, and the fiscal year 2009 budget the funding they need to do their job whether there was any way we could request has a substantial increase, fighting the wars in Iraq and Afghani- help him continue his education at a 4- which is consistent with the funding stan. We have a responsibility to make year institution. profile. I am concerned about the im- this happen in an expeditious manner. That is an opportunity we owe the pact a continuing resolution for several Sending this legislation to President service men and women, including acti- months may have on the schedule and Bush is the only way that will happen vated reservists and National Guard, overall cost for the National Synchro- and so I will support the supplemental who this administration has asked to tron Light Source II project. One issue bill. serve extended and repeated combat is that under a continuing resolution The PRESIDING OFFICER. Under tours. I am so proud that we will live less money would be available than if up to that obligation today. But a new the previous order, the question is on the budget request were enacted. A agreeing to the motion to concur. GI bill is also a wise investment; it al- more pressing issue is that under some Mr. COCHRAN. Mr. President, I ask lows our economy to fully benefit from previous continuing resolution rules for the yeas and nays on the motion to these veterans’ talent, leadership, and construction would not be allowed to concur. experience. begin as that would be a new activity. There are other critical provisions in Could my colleague please comment The PRESIDING OFFICER. Is there a this bill. It provides funding to address on these matters? sufficient second? the devastating Midwest flooding and Mr. DORGAN. I thank the gentleman There is a sufficient second. other natural disasters. It addresses from New York for the question. There The clerk will call the roll. critical quality of life and medical care are several projects in the Office of The legislative clerk called the roll. issues for our troops including funding Science and in the Department of En- Mr. DURBIN. I announce that the to improve barracks, build VA hos- ergy that are in various stages of plan- Senator from Massachusetts (Mr. KEN- pitals and polytrauma centers, and cre- ning, design, and construction. Like ate new military child care centers. It the National Synchrotron Light Source NEDY) is necessarily absent. provides the funding we need to imple- II project, these other projects may Mr. KYL. The following Senator is ment the 2005 BRAC recommendations. also be impacted if a long-term con- necessarily. absent: the Senator from The bill makes critical investments tinuing resolution is enacted. Arizona (Mr. MCCAIN). to improve our competitiveness by I very much appreciate my col- The result was announced—yeas 92, funding research and other programs at league’s concern about the project at nays 6, as follows:

VerDate Aug 31 2005 06:36 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.089 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6267 [Rollcall Vote No. 162 Leg.] wake up very unhappy in the morning bring them up to the standards that YEAS—92 if Senator MURKOWSKI objects to this were promised decades ago, if that Akaka Dorgan Mikulski bill. Her substitute was never voted on promise is going to be kept. Alexander Durbin Murkowski by the committee. This bill gets us part of the way Barrasso Ensign Murray As a matter of fact, the individual there, but we still have an awfully long Baucus Enzi Nelson (FL) she asked to offer an amendment never way to go. In the underlying bill we Bayh Feingold Nelson (NE) Bennett Feinstein Obama offered it. There was a reason; this was passed, in large measure crafted by Biden Graham Pryor a delicate compromise. House leadership—and I am dis- Bingaman Grassley Reed I object to Senator MURKOWSKI’s appointed in this view of the House Bond Gregg Reid amendment to the request. I support leadership—they put in only a portion Boxer Hagel Roberts Brown Harkin of the very critical levee funding that Rockefeller strongly Senator NELSON’s request to Brownback Hatch Salazar move this Clean Boating Act. It means is needed for us to go forward, to re- Bunning Hutchison Sanders store these levees to 100-year flood pro- Burr Inhofe that 13 million recreational boaters Schumer Byrd Inouye will not have to get a permit to dis- tection. I don’t know how to explain Cantwell Isakson Sessions charge their water pollution, and 13 this, but 100-year flood protection is Cardin Johnson Shelby Smith million recreational boaters are count- the bare minimum for the United Carper Kerry States. There are a few areas that are Casey Klobuchar Snowe ing on us. Chambliss Kohl Specter I hope Senator NELSON’s unanimous enjoying 200- and 300-year flood protec- Clinton Landrieu Stabenow consent will be granted. tion in this country, but very few. Most Cochran Lautenberg Stevens do not have, as you can tell by the Coleman Leahy Sununu The PRESIDING OFFICER. Is there Collins Levin Tester objection to the original unanimous flooding going on now in States such as Conrad Lieberman Thune consent from the senior Senator from Missouri and Iowa and parts of Illinois, Corker Lincoln Vitter Florida? most places don’t have the 100-year Cornyn Lugar Warner protection. Crapo Martinez Webb Ms. MURKOWSKI. Mr. President, I Dodd McCaskill Whitehouse do object. For a reference point, I wish to im- Dole McConnell Wicker The PRESIDING OFFICER. Objec- press upon my colleagues that this is a Domenici Menendez Wyden tion is heard. minimum standard. The country of the NAYS—6 The Senator from Louisiana is recog- Netherlands, which is so small it could Allard Craig Kyl nized. fit inside of Louisiana, a powerful Coburn DeMint Voinovich Ms. LANDRIEU. Mr. President, the economy but a small nation, has flood NOT VOTING—2 evening is getting late, and we have protection for its people against storms that happen once every 10,000 years. Kennedy McCain taken some significant action tonight. But I wish to speak for a moment and We, the United States of America, can- The motion was agreed to. ask unanimous consent to speak up to not claim that we have flood protec- The PRESIDING OFFICER. Under 10 minutes on the supplemental bill. tion for 99 percent of our people the previous order, the motion to re- The PRESIDING OFFICER. Without against floods once every 100 years. I consider is made and laid upon the objection, it is so ordered. am going to say again, as I have said table. f 100 times on this floor, incremental The Senator from Florida is recog- funding, nickles and dimes, a few hun- nized. SUPPLEMENTAL APPROPRIATIONS dred million here or there, is not going f Ms. LANDRIEU. Mr. President, we to get the job done. In the long run, it passed, by an overwhelming margin, a is going to cost the American taxpayer UNANIMOUS CONSENT REQUEST— supplemental emergency spending bill billions and billions of dollars more. S. 2766 that will fund our ongoing operations So here we go again, after the flood, Mr. NELSON of Florida. Mr. Presi- in Iraq and in other parts of the world after the storm, after the promises, dent, I ask unanimous consent that the and will send some money stateside. after the speeches, after the lights, Senate proceed to the immediate con- In the view of this Senator, we have after the photographs, the bill is sideration of Calendar No. 832, S. 2766, shortchanged, even with our good ef- passed, but we do not have the whole the Clean Boating Act, the bill be read fort that was just made, shortchanged amount of money necessary to recon- a third time and passed, and the mo- some real ongoing serious emergencies struct the levees as promised by the tion to reconsider be laid upon the here at home. President and as spoken to on numer- table with no intervening action or de- As far as the gulf coast is concerned, ous occasions by many Members of the bate. I voted for the bill because I have al- House and Senate. We do have $5.8 bil- The PRESIDING OFFICER. Is there ways believed that half a loaf is better lion in this bill, $1.16 billion for the objection? than none. Lake Pontchartrain vicinity which is a Ms. MURKOWSKI. Mr. President, re- In the bill, in large measure because long, ongoing project, I think started serving the right to object, I ask that of the work of Members on both sides back in the 1960s. We do have $920 mil- the unanimous consent request be of the aisle, we have a significant lion in for west bank levee which was modified, that my amendment which is amount of money toward the construc- started back in the 1960s. We have $967 at the desk be agreed to, and that the tion of levees that failed and put a million in the southeast Louisiana bill be read a third time and passed. great city and region and regions flood control project that was started Mrs. BOXER. Mr. President, reserv- throughout the gulf coast at risk, par- in the 1990s. We have $2.9 billion of ing the right to object, I think the Sen- ticularly the New Orleans metropolitan flood control and emergency projects, ator from Alaska knows full well the area. I know people get tired of review- modifying drainage canals, installing amendment she is seeking to attach to ing the details, but less than 3 years pumps, armoring levees, improving our bill, or the substitute she is put- ago, several significant levees along protection at the inner harbor canal, ting forward, never was approved in the the great port system in the city of federalizing certain non-Federal levees committee of jurisdiction, the EPW New Orleans, levees that should have in Plaquemine Parish, the long parish Committee. held collapsed, and 80 percent of the that sits at the toe of the boot in Lou- The committee worked long and hard city went under water. The water is isiana, reinforces and replaces at getting a compromise. Because of long gone, but the pain is still there. floodwalls, repairs and restores Senator NELSON and Senator MARTINEZ The rebuilding is still going on. The floodwalls. The problem is the match and others, we have a bill at the desk anxiety of homeowners, renters, small that is required because of the House that Senator NELSON tried to get done business owners and large business action. The Senate reduced the match now that passed our committee by an owners, and industrial investors is still required by the State of Louisiana and overwhelming vote. there, questioning whether the Federal extended our payment terms. Instead As a matter of fact, 13 million boat- Government’s commitment to not only of requiring the State of Louisiana to ers, 13 million boaters are going to fix the levees, restore the levees and pay a higher level of 35 percent, the

VerDate Aug 31 2005 06:36 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.053 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6268 CONGRESSIONAL RECORD — SENATE June 26, 2008 Senate had suggested, I think wisely, Administration will undoubtedly request current law. Considering the extraordinary that we revert back to the historic that a new Project Cost Agreement be exe- impact the 2005 hurricanes and the various share, which is 25 percent. No one in cuted to reflect the higher cost sharing for- aspects of recovery ongoing, it is alarming Louisiana thinks we have to get these mula. This will in turn, require that Jeffer- that Congress would choose to require a son Parish submit a new financing plan higher cost share at this time. projects for free. Everyone in Lou- showing adequate capability to meet these As you know, the Senate version of the isiana understands we have to step up increased obligations. We may be forced to emergency supplemental allowed Louisiana and pay our share. No one is objecting. seek revenue bonding or seek new revenue the opportunity to pay its share of these im- What we simply asked for was a rea- sources, such as additional taxes from our portant hurricane protection efforts over a sonable share, a historic share, not 35 citizens. This could further delay the com- longer period of time as allowed under cur- percent but something like 20 or 25 per- pletion of the SELA Project and the delivery rent law. The Senate bill also used the traditional cost share requirements that reflect cent. And most importantly, we had of its benefits. Senator Landrieu, I believe you will agree current law. asked that we be allowed to pay it over that the House of Representatives should not The Senate is right. Placing this extraor- 30 years. be allowed to unilaterally change the cost dinary burden upon the backs of Louisiana But, no, under the House version that sharing authorized by WRDA ’96 in an Emer- citizens would set back our recovery for was very ill-conceived and very poorly gency Supplemental Bill without the benefit years. The large cuts to budgets, services thought out, the terms are tougher of hearing, senate committee oversight or and programs required to make $1.8 billion than historical standards and will re- conference committee negotiations. In fact, available for levees would have a profound impact on Louisiana families across our quire the State to come up with a as you know, the Senate Bill had language that maintained the historic cost sharing state. greater match, 35 percent, and require To be clear, Louisiana is willing to partner and directed the Secretary of the Army to us to pay it over 3 years. with the federal government on these impor- use a 30 year pay out so that we could main- I submit for the RECORD a letter from tant protection efforts. We are not asking for tain the rapid pace of our recovery from a waiver. The Senate bill requires our state the president of Jefferson Parish, Katrina. Now in light of the House actions, to pay its share for hurricane protection Aaron Broussard, a parish now of a half long term financing of the new cost share is million people, as well as a letter from under reasonable terms and in compliance the least that will be needed to address this with current law. I strongly urge you to sup- Bobby Jindal, the Governor of Lou- unprecedented new cost share obligation. port our Congressional delegation’s efforts to I implore the Senate leadership and the isiana. I ask unanimous consent that retain the Senate provisions related to hurri- these letters be printed in the RECORD. Energy and Water Appropriations Sub-com- cane protection. If not possible to include There being no objection, the mate- mittee to retain its language on the Emer- this language in the supplemental, I encour- rial was ordered to be printed in the gency Appropriations Bill and send the age you to adopt this legislation on its own amended bill back to the House of Represent- RECORD, as follows: or through another legislative instrument. atives for final passage. Sincerely, JEFFERSON PARISH, LOUISIANA, Sincerely, Jefferson, LA, June 23, 2008. BOBBY JINDAL, AARON BROUSSARD, Governor. Hon. MARY LANDRIEU, Parish President. U.S. Senate, Ms. LANDRIEU. I wish to read part Washington, DC. STATE OF LOUISIANA, of the Governor’s letter: DEAR SENATOR LANDRIEU: We are con- OFFICE OF THE GOVERNOR, As proposed in the House bill, the State of cerned that language contained in the Emer- Baton Rouge, LA, June 25, 2008. Louisiana would be faced with a $1.8 billion gency Supplemental Appropriations Bill, as Hon. HARRY REID, cost share over the next three years for hur- passed by the House of Representatives last Senate Majority Leader, The Capitol, Wash- ricane protection. This would result in a 4000 week, creates an unfair and unacceptable ington, DC. percent increase [not 4, not 40, not 400] over new cost share on the citizens of Jefferson Hon. ROBERT BYRD, the state’s pre-Katrina contribution toward Parish and Orleans Parish and creates a new Chairman, Committee on Appropriations, The hurricane protection efforts. financial burden that will unduly delay the Capitol, Washington, DC. I know it is not the intention of the SELA project and impose significant new Hon. MITCH MCCONNELL, chairman of the House Appropriations risks to Southeast Louisiana. Senate Republican Leader, The Capitol, Wash- As you know, the Southeast Louisiana Committee or the Speaker of the House ington, DC. Urban Flood Control Project, SELA, was au- or the majority and minority leaders in Hon. THAD COCHRAN, thorized by WRDA of 1996 to provide for the House to make Louisiana pay 4,000 Ranking Member, Committee on Appropriations, urban flood control in Southeast Louisiana The Capitol, Washington, DC. percent more than we were paying be- on an expedited basis. The SELA Project has DEAR LEADER REID, LEADER MCCONNELL, fore the storm, when we are in an eco- been a true partnership between local gov- CHAIRMAN BYRD AND RANKING MEMBER COCH- nomic situation that is far more chal- ernments and the Army Corps of Engineers RAN: Our state appreciates the strong sup- lenging than we were before the city for over a decade. A major and very impor- port that you have demonstrated for the and many of our parishes went under tant feature of SELA has been a cost share of Gulf Coast victims of Hurricanes Katrina 75/25. The non-Federal sponsors of SELA water and 1 million people were dis- and Rita. The emergency supplemental ap- have sought and received the approval of the placed in the southern part of our propriations bill soon to be considered by the electorate for the revenues needed to meet State, but that is exactly what they U.S. Senate attempts to fulfill an important this 75/25 cost sharing requirement. did. Now, without the benefit of legislative commitment to Louisiana—the restoration I am going to leave here, along with of the 100-year level of hurricane protection hearing or committee oversight, the House my colleagues, but I am going to come of Representatives has unilaterally changed by 2011. I support the inclusion of these funds in the final bill; however. I remain concerned back and find a way, with the goodwill the traditional cost share for the project. on the floor of this Senate, working This fundamental change in the SELA that the goal of the funding is jeopardized by project will create unprecedented delay in the unprecedented cost share required under with Republicans and Democrats, to the delivery of the benefits of SELA Project. the legislation. come to some reasonable terms for the Specifically: As proposed in the House bill, the State of people of Louisiana so we can pay a The change in the cost sharing for SELA Louisiana would be faced with a $1.8 billion reasonable share and have a longer pe- from the presently authorized 75/25 to 65/35 cost share over the next three years for hur- riod to pay it back. equates to an additional $121M in payments ricane protection. This would result in a 4000 I know we are one Nation and we all for the SELA sponsors. percent increase over the state’s pre-Katrina have to support each other’s projects, This increase will have an impact on the contribution toward hurricane protection efforts. As we understand, Louisiana could be but to put this in perspective, many of economic recovery of Jefferson Parish as us here have funded over the last $50M in new revenue sources must be ap- faced with paying up to $1.1 billion in 2010 proved and/or revenues now slated for other alone. This is nearly one-third of the state’s maybe 15 years a project that is rather recovery work will have to be diverted to discretionary budget. Burdening Louisiana famous and well known called the big SELA. with an unprecedented cost share in this dig in Boston. That project is an eight- The impact on Orleans Parish will be even compressed time frame will cause irrep- lane highway under the city of Boston greater as their share of the SELA work will arable harm to our ongoing recovery efforts that extends for 3.5 miles. We all spent increase by approximately $70M. and stall our coastal restoration efforts. money to do it. It cost $14.8 billion for The emergency supplemental bill also pro- All of these increases are on top of the the big dig. I asked in this supple- $331M that Jefferson Parish has agreed to poses to increase the overall percentage of pay under the presently authorized 75/25 cost funds provided by the state. Under the House mental for $8 billion to help build 200 sharing. proposal, Louisiana’s cost share responsibil- miles of levee to protect up to 2 mil- It will be very difficult, if not impossible, ities would actually increase by over $200 lion, roughly, people from losing every- to maintain our construction schedule as the million above the cost share required under thing they have worked for and their

VerDate Aug 31 2005 05:30 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.132 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6269 parents and their grandparents have wanted to go on the record tonight say- TRIBUTE TO JUSTICE REVIUS worked for, because when those levees ing I am willing to work toward any ORTIQUE break, nothing is saved, and insurance compromise that will be reasonable Ms. LANDRIEU. Mr. President, I does not even begin to cover the cost of and look forward to doing that when have come to the floor of the Senate what people have lost. We had to be we return. tonight to pay tribute to a man who told in this supplemental discussion In addition, there were provisions had a significant impact on the civil that we weren’t a priority or we needed that the Senate graciously, under Sen- rights movement in my State and our to wait. It couldn’t fit in this bill. ator BYRD’s leadership, had put in this Nation. Justice Revius O. Ortique, a Sorry, we couldn’t do it. Sorry, we bill to continue to help us with other native New Orleanian, passed away on couldn’t find the appropriate cost elements of our recovery. The criminal Sunday, June 22, 2008. share. At the height of his long and distin- justice provision was stripped out by I am happy for projects like the big guished career in 1992, he was the first the House. The health care provision dig and other projects around the coun- African American elected to the Lou- was stripped out by the House. These try. I know some people think I am isiana Supreme Court. But the road wearing out my welcome, but it is my amounted to literally a few hundred was not easy nor was the path to suc- job to represent the people of my million dollars in the scheme of things. cess clear. State. I intend to do it as fairly as I It is not a great deal of money, as Justice Ortique served his country can. I have to say, the President was these bills go, that are hundreds of bil- for 4 years as an Army officer in the the one who came to Jackson Square. I lions of dollars. But it was important Pacific theater during World War II. He didn’t go to Jackson Square and turn money to the city of New Orleans and returned home as part of a great gen- the lights on and make a promise to the region and to hospitals that have eration his longtime friend Sybil the American people that these levees never closed from the time that hurri- Morial notes for its ‘‘desire to bring would be rebuilt. He did. Then many cane swept through and destroyed so about change.’’ He attended college at Members of Congress came down, Re- much in its path. Oschner Hospital Dillard University, earned a master’s publicans and Democrats, and took stayed open. West Jeff and East Jeff degree in criminology from Indiana shots with a lot of people and said they opened very soon, as soon as they University, and then earned a law de- would rebuild these levees. We want to could, and have continued to provide gree from Southern University. It was a challenging time, to say the rebuild our levees. We are willing to indigent care, losing millions and mil- least, to be a young, African-American put up our share. But the people of lions and millions of dollars, and yet Louisiana, under no circumstance, can attorney in our South, but Revius cannot get the proper reimbursement Ortique rose to the challenge with de- pay a 4,000-percent increase. Under no necessary because of what they did. circumstance can our State come up termination to change the landscape FEMA only provides help to public for African Americans in our city— with $1.8 billion every year for the next entities. Oschner is technically not a helping to desegregate lunch counters 3 years out of our general fund. I want to make one more point about public entity, but it was the only hos- and neighborhoods, city halls and cor- the levees. The people on the other side pital that stayed open, and the doctors porate boardrooms, throughout Lou- isiana and the South. He served his of the levee are not in high-rise con- and the nurses did the right thing. All community as the president of the dominiums. They are not lying on the they have been—since doing the right Urban League of Greater New Orleans beach sunbathing, and they are not thing—is punished because their board for five terms and was also president of frolicking in 2 feet of water for rec- has lost money, money, money, month the Community Relations Council, a reational purposes. The people on the after month after month. I have plead- group of local leaders focused on bridg- other side of these levees are running ed their case on any number of occa- ing the racial divide and making our the greatest port system in North sions. Senator LEAHY, Senator HARKIN, and others have been very gracious to city stronger. America. They are engaged in fisheries Justice Ortique’s efforts to heal the and transportation and oil and gas. try to include help. But it seems as though at certain points it always gets divisions of our community soon gar- They are the men and women who un- nered rightful national attention. He stripped out. load the ships that come from all over became president of the National Bar the world to support the economy of So we are going to come back, and I Association in 1959. From that post, he this Nation. am going to ask again for some health had President Johnson’s ear—a direct We have work to do when we get care funding and some criminal justice voice to power, speaking for millions of back here. I am going to go home for a funding and work with Senator GRASS- African-Americans. Moved in some week. Then I am going to come back, LEY, Senator HARKIN, Senator measure by Ortique’s urging, President and we are going to work on finding a MCCASKILL, and others to fashion bet- Johnson appointed Thurgood Marshall better way for us to reduce the cost ter remedies for the thousands of to be the first African-American U.S. share and extend the time for us to homeowners in other parts of this Supreme Court Justice and appointed repay our portion so we can get these country who have also been dis- eight other distinguished African levees built and give comfort and keep appointed by levee systems that should Americans to Federal judgeships. our promise to the people before we have held and failed, by Federal bu- The first African American to be ap- have to mark the third anniversary of reaucracies that promised help and did pointed to the Civil District Court Katrina, which will be August 29. not show up. bench in New Orleans, in 1978, Justice We have time, but we don’t have a lot Ortique continued to be reelected and I know only too well the pain that is of it. It is almost July. The third anni- later served as chief judge. His friends versary will be August 29. I want to put going on right now in other parts of the and colleagues remember him as hold- the Senate on notice that I am going to country. I have lived this nightmare ing himself and his courtroom to the do everything in my power not to allow for 3 years in south Louisiana and in pinnacle of decorum. He was also an in- us to go home for August until some Mississippi, Alabama, and Texas. So we spiring mentor to many young lawyers provisions have been made. There are do have some work to do when we get and judges. ‘‘He really taught you how two options. The President can, by ex- back, and I look forward to working to be a good lawyer,’’ said Judge Mi- ecutive order, do this. I am asking him with you and others to accomplish chael G. Bagneris, who serves on the to. I am sending him a letter tomorrow that. Civil District Court in New Orleans. asking him to do it. If he doesn’t, then Mr. President, I ask unanimous con- ‘‘He always instilled in young lawyers every bill that comes to this floor will sent for 2 minutes to extend my re- that they had to show respect for the be subject to an objection by me until marks. court.’’ It is a respect Justice Ortique this situation is corrected. It is as if earned through his demonstrated wis- The PRESIDING OFFICER. Without you did not give us any levee money, dom on the bench and the gentlemanly objection, it is so ordered. because without us being able to put up standards he held. a match, the project can’t go forward. Ms. LANDRIEU. Thank you, Mr. Justice Ortique was elected to the Some provision will have to be made. I President. Louisiana Supreme Court in 1992 but

VerDate Aug 31 2005 05:30 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.133 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6270 CONGRESSIONAL RECORD — SENATE June 26, 2008 could only serve 2 years due to a State we all today recognize, we live in a bill establishes a strong, new, world age restriction. He was not ready to re- world where major economic condi- class regulator to make sure the hous- tire. He remained as hungry to serve as tions affect not only those of us who ing GSEs are well regulated and finan- that young man who went off to defend live here but elsewhere as well. cially sound. Our legislation provides our country a half century earlier. So when we return a week or so from for a voluntary new program that Mayor Marc Morial appointed him to tonight, we will be back on this hous- could help anywhere from 400,000 to the New Orleans Aviation Board where ing bill along with other measures but 500,000 distressed homeowners avoid he quickly became its chairman, serv- certainly the housing bill. It is with a foreclosure. The legislation has proven ing for 8 years. deep sense of regret that I speak this time and time again to enjoy strong, Over the course of his career, five evening about the disappointment I bipartisan support, and we have made U.S. Presidents learned of his stellar feel over the inability to conclude this enormous progress over the last num- reputation as a jurist and as a leader, matter. It would not have taken this ber of months. We have worked very appointing him to various Commis- Chamber much more than 2 or 3 hours hard, Senator SHELBY and I, my Repub- sions, including the investigation into to consider all of the amendments that lican colleague from Alabama, the the killings at Kent State University. were being offered by Democrats and ranking Republican on the committee, At the end of his life, Justice Ortique Republicans to this housing measure. and 19 of the 21 members of that com- and his loving wife of 60 years, Miriam, But for the actions of one or two Mem- mittee—only 2 dissenters out of the 21 were living in Baton Rouge. Their New bers who refused to allow us to go to members—to put together this pack- Orleans house had been destroyed by the debate—not even considering age. We worked through a number of Hurricane Katrina, and like so many amendments we would have disagreed amendments, accepting some, defeat- Louisianians, they were working to with, it is very disappointing to me ing others. In fact, last night the bill soon return home. He is also survived when you consider that we are now passed on the overall Dodd-Shelby pro- by his daughter, Rhesa Marie McDon- leaving for another 8 or 10 days. posal 79 to 16. Yet because of a techni- cality involving procedural hurdles ald, and three grandchildren. From the I will remind my colleagues and that will not let us get to final passage, struggles of the civil rights era, to the those who may be interested in this this measure is now being held up by successes that come with hard work that every day we are not in session, one or two Senators because they want and resolve, Justice Ortique’s Amer- and every day we fail to act on this yet another vote on a completely unre- ican story is one of great promise and measure, somewhere between 8,000 and 9,000 homes, not to mention the indi- lated matter. determination. His legacy will live on Let me review very briefly, if I can, viduals affected by it, will be filing for through the generations he has infor my colleagues before we go into re- foreclosure. So as we leave tomorrow spired to bring about change of their cess exactly what it is we are working and head back to our respective States own. so hard to achieve. It has a number of Mr. President, I thank the Presiding across the country, some 8,000 to 9,000 key elements, all of which have been Officer and suggest the absence of a people will be put at great jeopardy for supported by strong bipartisan votes in quorum. their long-term economic security and either the Banking Committee or the The PRESIDING OFFICER (Mr. potentially losing their homes. full Senate. WEBB). The clerk will call the roll. As we go off and spend our time next First, the HOPE for Homeowners Act. The assistant legislative clerk pro- week, whether we are spending our I have said over and over again, this ceeded to call the roll. time with our families or engaging in bill, HOPE for Homeowners, is not Mr. DODD. Mr. President, I ask unan- activities with our constituents, on guaranteed to produce the results we imous consent that the order for the every day we are not here, another want, but what it does do is make it quorum call be rescinded. 8,000 to 9,000 people will find their long- possible for both lenders and borrowers The PRESIDING OFFICER. Without term financial security at further risk to reach an agreement whereby bor- objection, it is so ordered. because we could not convince a couple rowers can stay in their homes with f of Members to allow us to debate the mortgages they can afford. The lenders issues of housing and what we might HOUSING CRISIS are going to reduce their earnings— do. Let me also point out that it is there is no question about that—but it Mr. DODD. Mr. President, I wish to only a handful of people. is not going to be zero. So there is an review very briefly before we close out Two days ago when we considered the advantage for the lender to be involved this evening and head back to our re- motion to proceed to this matter, the in this voluntary program. Speculators spective States for the Independence vote was 83 to 9. For every vote we are not allowed to participate. It is Day recess sort of where we are on the have had on this housing measure over only owner occupied residences. It is a housing issue which has dominated a the last week, the lowest number of temporary program. It is a purely vol- good part of the debate over the last votes we have had in favor of our pro- untary one, but it is one that has been week or so in the Senate. posals was 77. So it is disappointing tried. I wish to begin by thanking the ma- with that kind of a majority, which It was actually tried many years ago, jority leader and the minority leader rarely occurs on any issue let alone one back in the 1920s and the 1930s when we for the ability to raise a number of as potentially controversial as the had the Great Depression in this coun- issues which have been debated and dis- housing issue, because we have had try, and the Federal Government actu- cussed over the last week or so regard- overwhelming support to move for- ally purchased distressed mortgages. ing the effort to get this housing crisis ward. Yet I find myself this evening as We are not doing anything like that. back on track. I have said this so often, we conclude our debates on all of these We are actually insuring these mort- for those who have had to listen to it, matters unable to conclude this issue gages, allowing these people who are it would be redundant, but for those because of one or two Members who running the risk of losing their homes who are hearing it the first time: The refuse to allow us to even get to this to stay in those homes, and thus bring heart of the economic crisis is the issue at all. us to a floor, if you will—a bottom—of housing crisis, and for anyone who Let me read, if I can, a headline from this housing market, this mortgage doubts it, the heart of the housing cri- the business section of the Washington market that would allow capital to sis is the foreclosure crisis. We now Post this morning: ‘‘Delinquencies Rise begin to flow again. It is a very impor- have roughly 8,500 foreclosures a day at Fannie Mae and Freddie Mac.’’ Now tant proposal. occurring in the United States. let me read the headline from Mon- I must tell my colleagues that we This is no longer a question that has day’s section of USA Today: ‘‘New have listened to countless witnesses in merely affected the subprime lending Faces Join Ranks of Nation’s Home- over 50 hearings over the last year and market. It has now spread to the prime less: Renters, Middle Class Hit Hard by a half of the Banking Committee. Wit- market area as well. It is affecting stu- Rising Foreclosures.’’ nesses have come from the entire dent loans, municipal finance, commer- The Housing and Economic Recovery breadth of the political spectrum and cial financing. It has had a tremendous Act of 2008 would address both of these all of them have concluded that this impact on global markets as well. As very serious concerns, and more. Our idea is worthy of a try.

VerDate Aug 31 2005 05:30 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.057 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6271 So while I cannot stand here this to watch equity increase in those tion to duty that allowed the guide evening and promise miraculous re- homes, to be able to provide a stable service to fulfill the mission of pro- sults, it is our best judgment—this is environment for your family and chil- viding our constituents with an edu- our best effort—of what we can do in dren. Yet we see with the ever-increas- cational and enjoyable experience this body to offer some relief at this ing foreclosure crisis in the country, as while visiting our Nation’s Capitol. moment. I mentioned, some 8,400 foreclosures Tom Stevens first came to the guide The second proposal that is part of every day in the country—that dream, service in March of 1985. Tom’s con- this bill is the GSE reform, Fannie Mae that hope is evaporating for too many tributions toward managing the ex- and Freddie Mac. These are important American families. So this bill would panded role of the guide service fol- sources of liquidity in the residential have provided real relief. Unfortu- lowing the events of September 11, 2001, mortgage market. They have provided nately, we could not get to it. were instrumental in his selection as a great source of relief during this I would be remiss if I didn’t mention Director of the Capitol Guide Service time. Our bill reforms these institu- at the same time, of course, we are si- in 2003. Tom’s commitment to the em- tions in such a way that we have a multaneously or are about to provide ployees of the Capitol Guide Service strong regulator requiring certain cap- economic relief to 17 telecom compa- and the Congressional Special Services ital requirements and the like. It has nies who were engaged in activities Office is well known. Under his leader- been tried for the last 6 years to that were highly questionable in the ship, this team has skillfully provided achieve what we have in this bill. It vacuuming up of private information of assistance to hundreds of thousands of has failed in every other attempt. This millions of Americans and their fami- visitors who come to the Capitol each final proposal, which we crafted over lies, private telephone conversations, year. Tom has been a mainstay in the the last number of weeks, enjoys e-mails, faxes, and the like. That is effort to prepare for the operations of broad-based bipartisan support. part of the so-called Foreign Intel- the Capitol Visitor Center. We recog- The third feature of this bill, which ligence Surveillance Act. While I have nize and appreciate his extraordinary has received less attention than the deep concern about those who would do contributions to the Capitol Visitor two points I have made, may be the us great harm, I am deeply disturbed Center and indeed the entire Congress. provision which has more lasting im- that that issue seems to be taking Sharon Nevitt, the Assistant Direc- plications than anything else we have greater priority than this home owner- tor of the Capitol Guide Service, came done. ship issue, Medicare relief, and the to the Service in 1977, working her way The homeowners bill is a temporary families across the country. up through a number of management one. It dies in 2 or 3 years; it will go I wish to conclude my remarks this and supervisory roles. Her efficiency, out of existence. But the affordable evening, as we prepare to leave this quiet competence, and fierce loyalty to housing provisions of the bill are per- city and return to our respective the employees of the guide service have manent. We will generate revenues States, by saying that at a time when been invaluable to the day to day oper- that will make it possible for people to we could have done something mean- ations of the Capitol Guide Service. Sharon has also contributed a wealth have rental housing in the future that ingful for an awful lot of people, to of time and effort to various working they could not even begin to imagine offer them some hope, some renewed groups aimed at establishing oper- under present circumstances. That is a sense of confidence and optimism, we ational procedures for the new Capitol very important part of the bill as well. missed that opportunity. I didn’t want Visitor Center. Sharon’s efforts and her We include, as a result of the work of the evening to end without expressing many contributions are recognized and the Finance Committee, under the my disappointment. appreciated. leadership of Senators MAX BAUCUS and Simultaneously, I offer a note of op- Jeannie Divine has been a fixture CHUCK GRASSLEY, of Iowa, mortgage timism. When we come back 10 days revenue bonds, relief for first-time here in the Congress since 1975. I would from now, this will be a priority item. venture to say that each and every one home buyers, tax credits that would The majority leader, to his credit, allow them to purchase foreclosed of our offices has been assisted by talked about this eloquently and often Jeannie at one time or the other over properties or others. over the last several days. He is com- We have provisions dealing with her career. Jeannie is the one who mitted that this issue will be a priority takes all our calls and works with our counseling services, which are very im- item when we return. As such, we will portant as people try to work out ar- staffs to accommodate the growing eventually conclude passage of this number of tour requests from our con- rangements with lenders to stay in bill, and we will work with the House their homes. It has been called the stituents who visit our Capitol each of Representatives to adopt a com- year. She handles each request with ef- most broad-sweeping housing legisla- promise measure and be able to offer ficiency and courtesy. Her kindness tion in more than a generation. All be- some hope that people can remain in and lighthearted nature have allowed cause of one or two Senators, I was un- their homes—at least many will—with her to form lasting friendships with able to complete that bill this evening. the hope that they can stay there, raise people from both sides of the aisle and As a result of the leadership of HARRY their families, and that we can once both sides of the Hill. Her efforts to REID, our majority leader, we will be again see capital begin to flow in crit- help all of us are recognized and appre- back on this bill when we return Mon- ical areas of investment in this coun- ciated. day, July 7. We will have a cloture vote try. We owe an enormous debt of grati- that day and then move, 48 hours later I am grateful to the Presiding Officer tude to this dedicated team whose com- or so, to a second cloture motion, and to others who are here to hear bined tenure equals 87 years of exem- which should allow us to come to a these concluding remarks. Again, I felt plary service to the Congress of the final conclusion on the bill. it was important to identify exactly United States. Please join me in wish- I am deeply saddened that, as we go what the situation was as we concluded ing Tom, Sharon, and Jeannie never- into this Independence Day recess, we our business this evening. ending success in their future endeav- were not able to complete action on With that, I yield the floor. ors. this proposal. I say to the American f people, as we leave for 10 days, we have f done something that will offer you CAPITOL GUIDE SERVICE HONORING NEA PRESIDENT REG some hope, some sense of optimism, RETIREMENTS WEAVER some sense of confidence that your Mr. REID. Mr. President, I call to Mr. DURBIN. Mr. President, I wish to Senate, your Congress was not unmind- your attention today the contributions honor a man who has spent the greater ful of your concerns and worries. Noth- of three outstanding individuals who part of his life as an advocate for qual- ing provides greater stability to a fam- will be retiring from the U.S. Capitol ity public education. ily, to a neighborhood, to a community Guide Service at the end of the week. Reg Weaver has said, ‘‘There is no than home ownership. It is one of the Tom Stevens, Sharon Nevitt, and Jean- feeling like seeing children’s eyes great dreams of most American fami- nie Divine have served the Congress— brighten up as they discover the world lies to be able to have their own home, House and Senate alike—with a dedica- of opportunity.’’

VerDate Aug 31 2005 06:36 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.136 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6272 CONGRESSIONAL RECORD — SENATE June 26, 2008 He should know. For more than 30 ciation, the State chapter of the Na- agreed with the President’s policies— years, as a teacher and a national edu- tional Education Association. on the war in Iraq, on the economy, on cation leader, Reg Weaver has helped In 1981, Reg Weaver became the first education, and health care. countless children discover the world African American ever elected presi- But an overwhelming majority of us, of opportunity. He has enriched chil- dent of the Illinois Education Associa- on both sides of the aisle, find common dren’s lives and helped to improve tion. During his 6 years as IEA presi- ground in our support for the Presi- America’s public schools. And in doing dent, the organization increased its dent’s Emergency Plan for AIDS Re- so, he has helped to make America bet- membership by 50 percent. IEA was lief, or PEPFAR. ter and stronger. also the driving force behind passage in The President believes this program This week, after two terms, Reg Wea- 1983 of a comprehensive collective bar- is one of the hallmarks of his adminis- ver is retiring as president of the 3.2 gaining law for Illinois teachers and tration. I agree. I think it is his most million-member National Education other school personnel. To this day, positive achievement as President of Association, America’s largest teachers Reg Weaver keeps a photo of the bill the United States. union. I know that many of my col- signing in his office. In fact, I believe it is an important il- leagues join me in thanking Mr. Wea- In 1996, Mr. Weaver was elected vice lustration of American smart power, a ver for his dedicated service. We wish president of the National Education resource we have both squandered and him well as he begins his next chapter Association. He was elected president underutilized in recent years. Smart power is the idea that Amer- in life. I won’t say ‘‘retirement’’ be- of the national organization in 2002. As ica’s strength resonates not only from cause, if you know Reg Weaver, you we all well remember, that was a time its military power but from the power know he is going to continue to cham- of major change for public education in of its ideas, the power of its values, its pion children and teachers—it is who America. Less than a year before, generosity and diplomacy. he is. President Bush had signed the No Child I worry that a measure of this leader- Reg Weaver grew up in the central Il- Left Behind Act, the most comprehen- ship has been lost recently. We are in a linois town of Danville, about 120 miles sive overhaul of Federal education law struggle of ideas across the world. south of Chicago. When he started in 40 years. Many of our harshest critics paint a grade school, the U.S. Supreme Court As NEA President, Reg Weaver has picture of the United States that is not had not yet passed its landmark Brown not only worked to highlight flaws in even close to reality. v. Board of Education ruling. Reg at- the new law, he has tried to suggest When you consider the purpose of tended a predominately White public ways the law can be strengthened. this bill—to prevent 12 million new in- school through the third grade. Then Reg Weaver fought to improve the fections; support treatment for at least his family moved across town, and Reg achievement for all students and close 3 million people; and provide care for found himself in a mostly Black public the achievement gaps that leave too another 12 million, including 5 million school. The differences between the many low-income and minority stu- vulnerable children—it is easy to see it two schools were stark. dents behind. He has worked to in- as an expression of American values— Two years later, his mother re- crease teacher pay so schools can at- of generosity and caring for those in enrolled Reg in the mostly White tract and retain qualified staff. He has need. school, telling school officials the fam- worked to encourage parents’ involve- The success of the PEPFAR program ily lived with Reg’s grandmother. ment in their children’s education, al- has brought us a long way since 2003, That first-person experience with ways mindful of the difference his own when only 50,000 people in sub-Saharan ‘‘separate but equal’’ public schools in mother’s involvement in his education Africa were receiving treatment. his hometown made a deep impression made in his life. Today, PEPFAR and the Global Fund on Reg Weaver. He has spent his life From his days as a middle school jointly support nearly 2 million people working to guarantee all children the science teacher in suburban Chicago to on treatment, primarily in Africa. opportunity to attend a good public his tenure as president of the Nation’s That is remarkable progress in just 5 school, no matter where they live. largest professional employee associa- years. The situation on the ground has The idea of dedicating his life to that tion, Reg Weaver has been a tremen- been literally transformed through the goal evolved gradually. dous asset to Illinois and to our Na- support and generosity of the Amer- In high school, Reg Weaver shied tion. ican people. away from science, despite the urgings Over the years, he has received many We should be proud of this achieve- of his homeroom teacher, Mr. Sanders, accolades and awards. Ebony magazine ment. But, as U.S. Global AIDS coordi- to take a chemistry class. He says he named him one of the 100 most influen- nator Dr. Mark Dybul has reminded us feared the class would be too difficult tial Black Americans. He is also the re- many times, ‘‘We cannot treat our way and other students might ridicule him. cipient of People for the American out of this epidemic.’’ To build on this Instead, he concentrated on Spanish Way’s 2005 Spirit of Liberty Award and progress, we are going to have to inte- and wrestling, both of which he ex- the U.S. Hispanic Leadership Insti- grate our treatment efforts with other celled in. He thought of becoming an tute’s 2006 George Meany Latino Lead- prevention activities. interpreter or maybe even a physical ership Award. Epidemics do not occur in isolation. therapist. One award that has special meaning If a person goes hungry or doesn’t have His wrestling won him a scholarship for him is his inclusion in the Danville, safe water to drink, her antiretroviral to Illinois State University. Only after IL, High School Wall of Fame. In the drugs will not be effective. If there are accepting the scholarship did Reg Wea- same high school where he once feared not enough doctors or nurses in her vil- ver realize he was attending a teachers to take a science class, Reg Weaver lage, she will not receive the care she college. He couldn’t major in Spanish now serves as an inspiration for stu- needs to overcome this terrible disease. or physical therapy at Illinois State so dents to study hard and go as far in life It is essential to integrate treatment he majored in special education for as their talents and passions will take with prevention, health workforce ca- students with disabilities. them. pacity development, and other impor- Some might say that Reg Weaver fell In closing, I want to thank Reg Wea- tant public health efforts on the into teaching by accident. I think it ver’s family—especially his wife ground. We need to move away from an was fate. He discovered quickly that he Betty—for sharing so much of Reg with emergency posture to one that encour- loved teaching and went on to earn a America for so long. Above all, I want ages sustainability for the long term. master’s degree from Roosevelt Univer- to thank Reg Weaver for his passionate This bill—the Tom Lantos and Henry sity in Chicago. advocacy on behalf of America’s stu- J. Hyde United States Global Leader- In another twist of fate, Reg Weaver dents, teachers and public schools. ship Against HIV/AIDS, Tuberculosis, found his niche teaching science—the f and Malaria Reauthorization Act of very subject he had once avoided—to 2008—helps us do that. middle school students in suburban GLOBAL AIDS BILL The President has urged Congress to Chicago. It was there that he first got Mr. DURBIN. Mr. President, many of send him this important bill before the involved in the Illinois Education Asso- us on the Democratic side have dis- end of the year.

VerDate Aug 31 2005 05:30 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.087 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6273 In March, the Senate Foreign Rela- quarters, rounding up supporters, in- President Mbeki has tried quiet diplo- tions Committee approved the bill on cluding women and children. macy, but it is clear that Mugabe does an overwhelming bipartisan vote of 18 Mugabe even said in regards to the not respect these efforts. to 3. Our colleagues in the House next round of voting, ‘‘We are not The South African ruling party said passed a similar measure with a re- going to give up our country because of this week that ‘‘any attempts by out- sounding vote—308 to 116—a few weeks a mere X. How can a ballpoint pen side players to impose regime change later. fight with a gun?’’ will merely deepen the crisis.’’ That ar- Some of the most vulnerable parts of Mugabe has driven Zimbabwe’s econ- gument misses the point. the world have been ravaged by AIDS, omy into the ground, starved his own It is the people of Zimbabwe that are TB and malaria. Through this bill, we people, and brought sweeping inter- demanding change. have an opportunity to turn the tide on national condemnation upon his gov- The right to associate freely, to vote these terrible diseases. ernment. He has further added to his without intimidation or violence, to Around the world, all eyes are on the people’s suffering by manipulating the peacefully choose one’s leader—these U.S. Senate. distribution of international food aid. are all basic democratic values shared Although it has been a long 21⁄2 The process has been so undermined around the world. They are the values months of negotiation with those who by President Mugabe that on Monday, that brought a peaceful end to apart- placed holds on the bill—and I applaud Morgan Tsvangirai withdrew from the heid. Senator BIDEN and Senator LUGAR on race and sought refuge in the Dutch In fact, election protocols agreed to their tenacity and leadership in reach- embassy. by the members of the Southern Afri- ing an agreement last night to finally The man who won the most votes in can Development Community demand advance this bill. the first round of Zimbabwe’s election certain benchmarks for elections to be I urge my colleagues to do the right now has to seek the protection of a for- considered legitimate—benchmarks thing and to support this vital, life- eign embassy out of fear the govern- which are certainly not being met in saving legislation. ment will take his life. Zimbabwe. f This is outrageous. South Africa, more than any other nation in Africa, has the ability and CRISIS IN ZIMBABWE The situation in Zimbabwe is a tragedy that the international community the moral responsibility to rein in Mr. DURBIN. Mr. President, I have must address. The world cannot stand Mugabe. The rest of the global commu- repeatedly come to the floor to talk nity stands ready to help South Africa idly by anymore while petty dictators about the genocide in Darfur, a tragedy with this urgent need. destroy the lives and ignore the demo- that is now entering its sixth year, The world must step up against the cratic will of their own populations. with little end in sight. Senator SNOWE injustices in Zimbabwe. The Mugabe What message are we sending when and 27 other Senators joined me last regime must not conduct a runoff elec- murderous governments such as those month in writing to the President say- tion until conditions allow for a free in Burma, Sudan, and Zimbabwe are al- ing that his legacy would be largely af- and fair process, including an end to lowed to thumb their noses at basic fected by whether definitive action is political violence and intimidation, the human rights and the international taken to halt this humanitarian crisis release of political detainees, free ac- community? cess of election observers, the freedom on his watch. The UN Security Council said this Unfortunately, I fear President Bush to associate and hold political rallies, week that it would be ‘‘impossible for a will leave office and hand the crisis in and a transparent and honest vote free and fair election to take place.’’ Darfur to the next President. counting process. Sadly, there is another African crisis UN Secretary General Ban Ki-moon Without such minimal steps, the that also demands the world’s atten- also strongly condemned the situation world must not recognize the results of tion—this one in Zimbabwe. in Zimbabwe, saying that an election a rigged process in which Mugabe will On March 29, the country held a pres- under current conditions ‘‘would lack simply proclaim himself president for idential election in which opposition all legitimacy.’’ another term. And recently 14 former African presi- leader Morgan Tsvangirai won over in- f cumbent Robert Mugabe by nearly 5 dents, two former UN Secretaries-Gen- HONORING OUR ARMED FORCES percent. Official results were withheld eral and 24 other prominent African by the government for more than a leaders signed a joint letter to Mugabe, LANCE CORPORAL ANDREW FRANCIS WHITACRE month, raising concerns of official ma- calling for an end to the pre-election Mr. BAYH. Mr. President, I rise nipulation. Opposition leaders and sup- violence and for a free and fair elec- today with a heavy heart to honor the porters, election observers, and report- tion. life of the brave lance corporal from ers were harassed and in some cases de- But where pressure has not been Bryant, Indiana. Andrew Whitacre, 21 tained. Some were tortured, others strong enough is from the democracies years old, died on June 19, 2008, in killed. neighboring Zimbabwe. Recently Sen- Farah Province, Afghanistan, from in- Under those results, in which neither ators FEINGOLD, KERRY, and juries sustained while his unit was con- candidate received more than 50 per- WHITEHOUSE joined me to meet with ducting combat operations. He was a cent, a runoff was scheduled for June the ambassadors from the southern Af- member of the U.S. Marine Corps, G 27. rican nations of Botswana, Zambia, Company, 2nd Battalion, 7th Marines, The period leading up to this runoff and South Africa to discuss the need 1st Marine Division from Twentynine has been a tragedy for the people of for greater attention to the crisis in Palms, CA. Zimbabwe, for democracy, for the rule Zimbabwe. Andrew graduated from Jay County of law, and for the entire southern Af- While I am pleased that Botswanan High School in 2005. Andrew loved rican region. and Zambian leaders have spoken more sports and was an avid snowboarder. President Mugabe, once a hero of forcefully on Zimbabwe in recent days, Those who knew him best recall a Zimbabwe’s independence, has used vi- these nations must do much more to brave young man with an extraor- olence to destroy his country’s demo- help the people of Zimbabwe. Many Af- dinary sense of generosity. He enlisted cratic process. rican leaders have argued over the in the Marines at the age of 17, telling Opposition supporters are harassed, years that they must take greater re- his family that if he served, another attacked, and threatened if they do not sponsibility for political and human would be spared that decision. Anderw vote for Mugabe. Tsvangirai has been rights reform on their own continent. I left for boot camp in July of 2005, detained repeatedly and has survived suggest Zimbabwe is an urgent oppor- shortly after graduating from high three assassination attempts. His par- tunity for just such action. school. Proud of his service and patri- ty’s secretary general, Tendai Biti, was South Africa in particular, a nation otic in spirit, Andrew never wavered in arrested earlier this month and that the world stood behind to end the his decision to enlist. His family said it charged with treason. tragic injustice of apartheid, has been was the surest decision he ever made. And then this week, government noticeably quiet in its responsibility to In March of this year, Andrew pro- thugs raided opposition party head- halt Mugabe’s rein of destruction. posed to his fiance´e, Casey McGuire of

VerDate Aug 31 2005 05:30 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.069 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6274 CONGRESSIONAL RECORD — SENATE June 26, 2008 Parker, AZ. He was due to return in is estimated that 2 million Americans leadership in crafting this much-need- November. Casey described Andrew as may lose their homes to foreclosure. ed housing package. I would especially her ‘‘hero,’’ and said that he asked her Few States have felt these effects more like to thank Chairman DODD and to encourage everyone to send letters than in my State of Michigan. Michi- Ranking Member SHELBY for their to American servicemembers abroad, gan has one of the highest foreclosure leadership and work on this important thanking them for their service and rates in the country at 3.6 percent with issue. However, I am concerned with showing their support. Andrew truly 1 in every 353 households receiving a two provisions of the legislation that, had the needs of others always at foreclosure filing during the month of if enacted, could have far reaching im- heart. May. The high levels of foreclosures, plications for our Nation’s housing pol- Today, I join Andrew’s family and coupled with growing inventories of icy. friends in mourning his death. Andrew houses, significant declines in house The bill as currently drafted provides will forever be remembered as a son, prices, and a decline in building activ- for an effective date upon enactment, brother and friend to many. He is sur- ity have made efforts for recovery even immediately granting the new GSE vived by his his father and stepmother, more difficult. Americans are being regulator power over three very diverse Ernie and Norma Whitacre; his mother squeezed from the grocery store to the and complex entities. The new over- and her fiance´e, Susan Nunly and Mi- gas pump and they desperately need re- sight system must allow for a transi- chael Perry; his fiance´e, Casey lief. That is why I am pleased to sup- tion to ensure there are no lapses in McGuire; his brothers, Ryan Murphy port this bipartisan housing legisla- regulatory authority or unnecessary and Justin Miller; his sister, Ashley tion. This bill is a significant step to market disruptions. The House-passed Williams; and his grandmothers, Mil- provide relief to struggling home- version of the bill establishes an effec- dred Whitacre, Caroline Huffman, Beu- owners throughout the country and to tive date of 6 months after enactment, lah Murphy, and Mary Scott. stabilize our economy. which allows all stakeholders in the It would strengthen the regulatory While we struggle to bear our sorrow housing finance system adequate time oversight of government sponsored en- over this loss, we can also take pride in to adjust to the new system. terprises, GSEs, and provide FHA mod- the example he set, bravely fighting to I am also concerned with the lan- ernization reforms to help stabilize the make the world a safer place. It is his guage that would restrict the use of housing finance system and begin to courage and strength of character that the GSEs mortgage portfolios as a restore confidence to the market. The people will remember when they think source of liquidity for the housing mar- bill also contains the HOPE for Home- of Andrew. Today and always, Andrew ket. The current language includes a owners FHA refinancing program for will be remembered by family mem- bias in favor of the GSEs securitizing at-risk homeowners. The Congressional bers, friends and fellow Hoosiers as a loans, which predisposes the regulator Budget Office estimates that the pro- from being open to all available op- true American hero, and we honor the gram is expected to help 400,000 home- sacrifice he made while dutifully serv- tions. The portfolios are a critical tool owners at risk of losing their homes to to help struggling borrowers refinance ing his country. foreclosure. The bill also seeks to keep As I search for words to do justice in risky mortgages and meet the needs of people in their home by providing $150 honoring Andrew’s sacrifice, I am re- underserved communities. It is impera- million in additional funding for hous- tive that GSEs have flexibility over minded of President Lincoln’s remarks ing counseling. These funds will help as as he addressed the families of the fall- their portfolio authority. Without this many as 250,000 additional families con- flexibility, subprime, multi-family and en soldiers in Gettysburg: ‘‘We cannot nect with their mortgage lender to ex- dedicate, we cannot consecrate, we other affordable lending could be hin- plore options that will keep them in dered during a time when GSE invest- cannot hallow this ground. The brave their homes. ment is needed most for families and men, living and dead, who struggled Foreclosures not only affect individual our economy. I look forward to a time- here, have consecrated it, far above our homeowners, but have community-wide ly and appropriate resolution to both poor power to add or detract. The ramifications. These properties attract of these concerns. world will little note nor long remem- crime and vandalism, which drag down local property values and create losses in wealth This housing package is an impor- ber what we say here, but it can never tant first step to address the crisis fac- forget what they did here.’’ This state- built up through home equity. Estimates show that more than 40 million households ing our Nation and it cannot wait an- ment is just as true today as it was will see their property values decline as a re- other day. In Michigan, we have been nearly 150 years ago, as I am certain sult of a foreclosed home in their neighbor- in a recession for too long. Our Amer- that the impact of Andrew’s actions hood. To help communities mitigate these ican dream is turning into an Amer- will live on far longer that any record impacts, this bill would provide almost $4 ican nightmare for too many families. of these words. billion for State and local governments to purchase and rehabilitate foreclosed prop- Working together today, we must save It is my sad duty to enter the name the American dream for the future. of Andrew Francis Whitacre in the erties. In Michigan, this would provide $345 million in additional economic activity and f RECORD of the U.S. Senate for his serv- 3,220 new jobs. It would help restore 5,695 ice to this country and for his profound properties and raise $11 million in taxes for HONORING THE FOURTH OF JULY commitment to freedom, democracy the state. Mr. AKAKA. Mr. President, next and peace. When I think about this just The bill also includes important tax week Friday will be Fourth of July, cause in which we are engaged, and the benefits targeted to help the recovery 2008. pain that comes with the loss of our of the housing market. It includes a In 1776, our forefathers forged our heroes, I hope that Layton’s family can simplification and temporary increase country’s independence, marking the find comfort in the words of the proph- of the low-income housing tax credit to Fourth of July as our Nation’s birth- et Isaiah who said, ‘‘He will swallow up promote the construction of affordable day. Today, 232 years later, we com- death in victory; and the Lord God will rental housing. To reduce the growing memorate the democratic freedoms set wipe away tears from off all faces.’’ inventory of unoccupied housing, the forth by the signing of the Declaration May God grant strength and peace to bill includes a one-time homebuyer tax of Independence. Historically, many those who mourn, and may God be with credit of $8,000 to stimulate buyer de- before me have taken this moment to all of you, as I know He is with An- mand. I am also pleased that the pack- reflect upon and celebrate the accom- drew. age includes my provision to allow plishments of years passed and the f struggling American businesses to in- promise of years to come. And while vest in the economy and create jobs there is much to reflect upon and cele- SAVING THE AMERICAN DREAM here at home. It would allow those brate, I would like to take this mo- Ms. STABENOW. Mr. President, the companies hurting the most to utilize ment to recognize all Americans who, effects of the housing crisis have rip- already accumulated tax credits to in their own way, work to preserve our pled through our economy, affecting make critical investments in their liberties and promote democracy. every state in the country. There are businesses and create jobs. Today, while we remember the day currently 1 million homes in fore- As the housing market continues to that 56 individuals gathered in Penn- closure and in the next 2 to 3 years it deteriorate, I applaud the work of our sylvania at Independence Hall—we are

VerDate Aug 31 2005 06:36 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.039 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6275 reminded of a critical moment in time built. Examples of the center’s work in TRIBUTE TO GENERAL T. MICHAEL when our forefathers shaped a new this area include producing inter- MOSELEY union, one that broke from the tradi- nationally acclaimed research Mr. CORNYN. Mr. President, I rise tional. Our Nation was built on the symposia and developing specially de- today to recognize an outstanding mili- fundamental principle: ‘‘That all men signed coursework for Iowa’s teachers tary leader and fellow Texan, GEN T. are created equal, that they are en- to earn a State of Iowa endorsement in Michael Moseley. For nearly 3 years, dowed by their Creator with certain gifted education. As a result of the General Moseley has served as the unalienable Rights, that among these Belin-Blank Center’s efforts, more edu- Chief of Staff of the United States Air are Life, Liberty and the pursuit of cators today understand that sup- Force, functioning as the senior uni- Happiness.’’ As our forefathers endured porting high-achieving students is an formed Air Force officer responsible for a life of struggle, but envisioned a life important aspect of successful teach- the organization, training, and equi- of freedom, we as a Nation must keep ing. page of more than 710,000 Air Force in mind the sacrifices that they and The Belin-Blank Center has success- personnel—active duty, Guard, and Re- others made and the hardships that fully competed for private, Federal, serve airmen, and civilians both in the preserve them. United States and overseas. His service As we honor individuals who con- and State grants. I am proud to say that this includes two Federal Jacob K. to our Air Force and to the American tribute to upholding our civil liberties, people has been both distinguished and we must also take this opportunity to Javits Gifted and Talented Education Grants. This program, which I have admirable; he is, by all accounts, an ex- appreciate them for the courage they ceptional American, a dedicated public have displayed to preserve our inde- championed, is designed to improve our ability to meet the unique learning servant, and an outstanding defender of pendence and our freedom. From our the principles of democracy and liberty needs of gifted students nationwide. armed servicemembers who stand for which this Nation stands. The limited funding is quite competi- ready to defend our Nation, to 18-year- General Moseley was born in Dallas, olds perpetuating our democracy by tive and it is a testament to the qual- TX, and grew up just south of there, in registering to vote, and to people of all ity of the Belin-Blank Center’s work the city of Grand Prairie. His family backgrounds around the Nation re- that it has secured two such grants. has a long history of serving the people affirming the principle of our union on The first grant, for the years 2003 to of Texas, and the United States as a a daily basis—to all, I pay tribute. 2006, focused on the discovery and de- whole. General Moseley’s father, as a Their individual contribution allows us velopment of giftedness in students mason, helped build several well- to celebrate our independence every who attend alternative high schools known and prominent buildings in Dal- day. and the second, for the years 2005 to las. His grandfather served the Texas 2008, focused on twice-exceptional stu- f law enforcement community as a mem- dents, which are students who are gift- ber of the Texas Rangers, that leg- 20TH ANNIVERSARY OF BELIN- ed and also have a disability. These endary organization established in 1835 BLANK CENTER projects have contributed substantially to range and guard the Texas Frontier. Mr. GRASSLEY. Mr. President, 20 to our ability to serve these popu- General Moseley hails from a long line years ago this summer, the Connie lations of students, who are often over- of proud and noble Texans, and has Belin & Jacqueline N. Blank Inter- looked for gifted education program- greatly added to that legacy with his national Center for Gifted Education ming. own distinguished service in the Air and Talent Development was estab- In 2004, the director and associate di- Force. lished at the University of Iowa. Origi- rector of the Belin-Blank Center, Nich- His impressive military career began nally created by the Iowa Board of Re- olas Colangelo and Susan Assouline, in the Corps of Cadets at Texas A&M gents as the Belin National Center for along with Miraca U.M. Gross, a col- University, where he earned both a Gifted Education, the center was made league from Australia, published ‘‘A bachelor’s and master’s degree in polit- possible by a million-dollar endowment Nation Deceived: How Schools Hold ical science. On his way to becoming that established the Myron and Jac- Back America’s Brightest Students.’’ Air Force Chief of Staff, he held key queline Blank Chair in Gifted Edu- The landmark report helped move the staff positions running the gamut from cation, which is held to this day by subject of gifted education and acceler- operational to joint to personnel as- Professor Nicholas Colangelo. In 1995, ated programs for high-achieving stu- signments. He served as commander of the center was renamed the Connie dents into the educational mainstream, numerous units and organizations, in- Belin & Jacqueline N. Blank Inter- drawing notice from Time, the New cluding the F–15 Division of the Air national Center for Gifted Education York Times, the Washington Post, and Force Fighter Weapons School at and Talent Development, honoring a hundreds of other media venues. Nellis AFB, the 33rd Operations Group longtime leader in gifted education and at Eglin AFB, and the 57th Wing—the An important milestone for the cen- a Des Moines philanthropist. In 2008, Air Force’s largest, most diverse flying ter also occurred in 2004 when the the Belin-Blank Center celebrates two wing—also at Nellis AFB. He is a mem- Belin-Blank Center and the University decades of service to the international ber of the prestigious Council on For- of Iowa’s Honors Program moved into a gifted education community. eign Relations, and he was even The Belin-Blank Center has earned a new building, the Myron and Jac- knighted in 2006 at the suggestion of strong national and international rep- queline N. Blank Honors Center, which Queen Elizabeth II, in recognition of utation for its work on behalf of gifted is located in the heart of the Univer- his outstanding contributions to U.S.- and talented children, which my col- sity of Iowa campus. In bringing the United Kingdom relations while in leagues know is a subject of great in- two programs together, the University command of air operations over Af- terest to me. Since its inception, the of Iowa became one of the Nation’s ghanistan and Iraq in the early days of center has pioneered unique and inno- first schools to offer kindergarten- the global war on terrorism. His list of vative opportunities for students, in- through-college support for gifted stu- medals, other awards, and accomplish- cluding academic talent searches de- dents under one roof. ments is so long as to preclude men- signed to discover gifted students; As an Iowan and an advocate for gift- tioning them all here. weekend and summer programs on ev- ed and talented education, I am very Without a doubt, General Moseley’s erything from algebra, art, and 3D de- proud to have such a highly esteemed selfless service to the United States, sign to chemistry, creative writing and center in Iowa. For its tremendous con- especially in this arduous and vital LEGO robotics; and the National Acad- tribution to the field of gifted edu- fight against global terrorism, has been emy of Arts, Sciences, and Engineer- cation internationally and for its posi- instrumental in securing the safety ing, which provides early admission to tive impact on the lives of countless and liberty of all Americans. And while the university. gifted and talented students, the Belin- he will be leaving behind his noble and Professional development for edu- Blank Center is truly deserving of rec- exemplary career with the Air Force, cators has been the foundation upon ognition on the occasion of its 20th an- his contributions and the impact of his which the work of the center has been niversary. leadership will be felt for years to

VerDate Aug 31 2005 05:30 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.086 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6276 CONGRESSIONAL RECORD — SENATE June 26, 2008 come, both throughout the halls of the against my wife’s SSI, which would be a tre- transportation either. Something has to be Pentagon, and by each and every per- mendous help to the budget for medical bills done about these prices. son that had the honor of serving next and possibly a better vehicle, and, of course, Sincerely, the lower prices for fuel and energy. KRISTI. to him. Thanks for your assistance; it is greatly It is my privilege to commend the appreciated. DEAR SENATOR CRAPO: Thank you for giv- honorable and faithful service of GEN BOB, Post Falls. ing me an opportunity to share my story of T. Michael Moseley, and to thank him how this price of gas is touching my life. for his commitment to our country and Due to increased gas prices (and some un- First, I want to share my story as a con- the principles upon which it is founded. expected medical bills), we are now a one car sumer and also as a health care adminis- I wish General Moseley and his wife family. I primarily bike to work (it is only trator. I run a good-sized nursing home in a Jennie all the best as they prepare for two miles away) and I have taught my son to small rural Idaho community. I was re- the future, and I thank them both for ride the bus. He attends TVMSC at cruited to run this facility from a good dis- Riverglen, and we live on the East side of tance away. I travel 130 miles a day round the sacrifices they have willingly made town (one-half hour away), so that has trip on my daily commute. I love my job and in the defense of freedom and our great helped as well. My husband works out in Me- the employees I manage love me but as you Nation. ridian, and he occasionally uses public trans- can imagine 130 miles a day is a lot of gas f portation, but has found that the inter-coun- even with a very fuel efficient vehicle, which ty routes are underfunded and unreliable. I have. Between my wife (who is a stay-at- IDAHOANS SPEAK OUT ON HIGH Twice the bus has not shown up at all (due to home mother of five children) and I, we are ENERGY PRICES repairs), and it can only handle two bikes, so now spending close to $500.00 a month on gas Mr. CRAPO. Mr. President, earlier if the bus bike rack is full, you are out of alone. I have a good salary but even with this week, I asked Idahoans to share luck. I believe reducing our reliance on for- that, we are looking at ways to save on all with me how high energy prices are af- eign oil is important; it will require advance- we spend money on. The problem is the higher gas prices make everything else increase fecting their lives, and they responded ment in green energy as well as personal changes. However, before the public will use in price. There is no way around this as it is by the hundreds. The stories, num- alternative transportation, it has to be reli- causing us to change our life style. It feels bering over 1,000, are heartbreaking able and that requires money. Boise does a unfair that I worked so hard to be able to and touching. To respect their efforts, great job maintaining the green belt and I have my wife stay home, but now if the price I am submitting every e-mail sent to have noticed on the BSU campus, the bike does not go down soon, she may be forced to me through energy_prices@crapo racks are always full. This was not the case work just so we can survive. People would .senate.gov to the CONGRESSIONAL a year ago. This is a positive change. Now if consider me well in the middle class, but we are not living that life style today. Every- RECORD. This is not an issue that will we could work on public transportation and advancing technology to create more fuel ef- thing is going up in price, but my salary is be easily resolved, but it is one that de- not and I am a lucky one. I am grateful for serves immediate and serious atten- ficient cars that are affordable. I also believe tax credits (many of which already exist) to what I have, and I am a proud American and tion, and Idahoans deserve to be heard. encourage people to weatherproof (insulate/ Idahoan. I am not complaining, but I really Their stories not only detail their buy better windows) their homes or that en- believe more can be done because many more struggles to meet everyday expenses, courage them to purchase energy efficient than me are suffering much worse. but also have suggestions and rec- appliances would help. As an Administrator of a Healthcare Facil- ommendations as to what Congress can Overall, I hope we reduce the amount of oil ity in a small town, the energy crisis is huge. do now to tackle this problem and find we use, not just increase oil production. I Our costs are have doubled in many cases, think this will help in the long run. but our reimbursement has not. All of my solutions that last beyond today. I ask employees need a raise to combat the in- unanimous consent to have today’s let- Thank you, TIFFANY, Boise. crease in cost of living, but this is just not ters printed in the RECORD. feasible. Many of the employees are very low There being no objection, the mate- Thank you for trying to stop the insanity. income, and I really do not see how they rial was ordered to be printed in the The high gas prices have made it difficult for make it. I have many who have told me they RECORD, as follows: me to take the 20 some mile drive to Parma have just stopped driving because they just HELLO SENATOR CRAPO: The impact of the from Caldwell to visit my 95-year-old grand- cannot afford it. My heart goes out to them, high gas and energy prices is affecting my mother. Normally I go once a week. I’ve had and I do whatever I can to help but the neat wife and I quite a bit. My wife is disabled to miss a week now and then because I didn’t thing is they do not blame me. They know I with severe arthritis, Crohn’s Disease, and have enough money for gas. I’ve cut corners care, and I pay them the best I can. These vision problems from glaucoma, and I am the elsewhere to do my best to get those visits in are great people who care for people who only income provider for our household. I since I know we are living on borrowed time. cannot care for themselves. They have one of earn just enough to cancel out my wife’s She’s had several strokes lately, and we do the most thankless jobs in the world, but SSI, so we have to cover all her medical ex- not know how long she’ll be with us. they are true heroes in my eyes. These are penses that the insurance I receive from It cost $97.00 to fill my vehicle a few days the people I want you to fight for and beat work does not cover; that is $250.00 to $300.00 ago. With my 6-year-old in baseball and my this crisis. They are a true example of why plus. I am an employee of Kootenai County, teenager in baseball, that takes a lot of gas this country is great. Thank you for fighting so due to budget restraints and laws, I do not to travel to games. I missed my teenager’s for Idaho and all America. see much in the line of raises to offset cost games at tournament because I could not af- Sincerely, of living expenses. My job requires that I ford to drive to North Idaho and stay in a GERALD, Weiser. have transportation available, and that cuts hotel. His first tournament ever—that was carpooling and riding a bus. really hard. I am an employee of Idaho State Univer- I drive 30 miles round trip for work, with a I am convinced that the gas prices are af- sity and I live in Blackfoot, 20 miles north of 1988 Mazda pickup that has 190,000 miles on fecting our grocery prices, too. My husband Pocatello. I am averaging $400.00 a month in it. If there is a good tail wind, I may get 18 works in construction. The economy has just gasoline expenses and I do not drive on mpg. Due to medical expenses and price in- slowed so much that his company is having the weekends unless absolutely necessary. I creases for food, heating, etc., I cannot af- a hard time finding work. This is a very es- started this position as a 1 year temporary ford to purchase a newer vehicle that gets tablished, well-known company. Because our to hold the job open for an employee who had better gas mileage. With costs for gas, en- income has gone down and gas and food have been offered a 1 year contract as an instruc- ergy and products affected by the increases, gone up, I’m trying to feed a family of 5 on tor. I was allowed to work 10 hour days and it takes away from an already tight budget, less than $100.00 a month. The only way I’ve have a 3 day weekend to help with gasoline and we have no choice but to cut back where managed to do this is because we are all consumption but within 2 months of being we can. Some people say get another job, but hunters and have lots of meat and fish in the awarded the position full time I was told I a lot of my off time is used to assist my wife freezer from last year. had to work 5 days a week at the office even around the house, and take her for errands I’m tired of hearing how much the oil com- though the Health Occupations chair offered and medical appointments. At this point, I panies make!!! It is wrong to make such a me an opportunity to fill some Fridays at am concerned about what I will do when the huge profit off of something we really have the Outreach in Blackfoot proctoring tests pickup gets to the point of needing high-dol- to have in order to work and function!! If you for students in my programs. To add insult lar repair work. We also live in a mobile live in a city, you can get by using the bus to injury our political representatives that home that uses electric heat. Sometimes my system or subway. I live 5 miles from the decide pay raises for state employees gave us wife gets depressed that she cannot con- grocery store, and there is no bus system to a 1% raise which for most classified employ- tribute financially to our household, which ride. I cannot walk or ride my bike to get ees amounts to between ten and fifteen cents does not help her condition. groceries. My husband works 100 miles from an hour and my medical benefits, which only The two things that would help our situa- home. He comes home on weekends. The type cover my husband and myself, went up tion would be that my income does not count of work he does wouldn’t benefit from public around 34.35%. Because of this I am forced to

VerDate Aug 31 2005 06:36 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.038 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6277 seek employment closer to home at a signifi- There is a time for talking and a time for feeding poor people, and economics will cantly lower wage just to continue to go into action. We need action NOW to help solve make that happen. I’ve been told that it debt. Being unable to keep up with the high- these issues. takes enough corn to feed a person for a year er energy costs not associated with travel Regards, to fill an SUV gas tank once. Think carefully such as for cooking, heating and cooling a BOB, Boise. about what that means. To be feasible and house as well as the maintenance for the res- safe, nuclear power will require federal gov- idence. I know I am speaking for many low I am a single mother of three children. ernment intervention, but it can be done and to middle income families when I implore Two are disabled. I live in Wilder Idaho and will result in a cheap, very long term source the political representatives of the citizens commute to Nampa. The round trip is about of power for the United States. of this state to help find a solution. This is 50 miles. I also have to take my children, es- Nuclear power is the cleanest, cheapest such a rural state that public transportation pecially the two disabled ones, to doctor’s long term solution answer to America’s is not justifiable and impractical. Please appointments quite often. power problems. help. We are now nearly destitute due in part to MYRNA. the cost of commuting. I have been living on MIKE: As financially devastating as gas credit cards part of the time. I do not know prices have been to our family budget over SENATOR CRAPO: While I can fully appre- what I’ll do about the cost of gas except look the past several years, I can not understand ciate your efforts in trying to keep energy into a hydrogen unit for my vehicle. That how anyone can determine it is a problem prices down, it is a bit late as the damage seems to be the only solution on the horizon that stands by itself. There are several dev- has already been done. I have run a small as I cannot afford to get another vehicle. astating intimately related issues that if our business in Idaho for 25 years. Currently I Any other ideas? elected officials insist on continuing their have 8 employees and I live in constant fear UNSIGNED. tunnel vision over them, we will never have that I will be put out of business. Why? Be- a meaningful solution. When will it be recog- cause EVERY YEAR, we have yet another MIKE: As American citizens we are sick nized that burning fossil fuels no matter out-of-control economic crisis in this coun- and tired of Congress doing nothing to re- what their source is or how much it costs to try. move our dependency on foreign oil. We are get them to the pump, the Earth is also de- Now we have 4+ dollar per gallon gasoline. no longer able to travel, except in emer- grading from their use every day with every As you know, Idaho has one of the lowest per gencies to visit family. Almost everything gallon we consume. So the real question is, capita incomes in the U.S. (ranked 41st), yet we consume has gone up in price, from ship- why are we still subsidizing oil production the cost of living has skyrocketed in the ping goods and services to products made when we need to be gearing up our industrial metropolitan areas over the last 10 years. from oil. We either need to get current mem- infrastructure and workers to expand our Because of this, and also from increased bers of Congress out of office or demand you fuel resources to solar, wind, industrial hemp pressure from the Internet and chain stores, hold a special session to do the following: oil and all the related necessities which 1. Remove legislation that limits drilling I have had to downsize my operation from a would be so constructive, effective and eco- offshore and in Alaska to help increase sup- high of 35 employees to what I have now. nomically advantageous, not to mention how ply (Drill Now, Drill Everywhere, Save With the additional increased pressures now remedial to our environment these most ra- America). in place due to gasoline prices, I expect our tional efforts would be. 2. Remove all the red tape with opening sales to decline even further. To be perfectly What the hell are you waiting for? Why are and producing more nuclear energy power honest, I cannot survive yet another business you so focused on what gas costs? Do you plants. downturn and will simply have to go under, 3. Continue research on alternative fuels have any idea what it is going to cost to live putting myself and 7 other people out on the that do not deplete our food supply. anything like a human being after all the oil streets. I talk to many other small business 4. Take advantage of wind, solar, and in the word is burned and we need to live in owners who are feeling the pinch as well. hydro power and provide reasonable tax in- biospheres in order to breathe—and if we go If you examine what has happened in this centives for use of these energy sources. at this your way, we will still need to de- country, we keep talking about 3 major Please pass this on to all our elected rep- velop alternative resources when all the oil issues but no significant proactive steps have resentatives and continue to push Congress is gone—if we can still live on the Earth. been taken: to do what we elected them for, putting in Wake up! These problems are not just your First, reducing our dependence on foreign place sound legislation that will move this problem to solve; this problem belongs to us oil by increasing domestic production. This country forward, not backward. We have all and would not be too big for all of us to has been debated for 30 years but essentially waited too long, now we must react rather solve collectively—stop trying to com- nothing has been done about it. It would than act. I am counting on you Mike to mandeer the solutions—start helping us to have been a relatively simple matter to open make this happen, leave a legacy Idaho can solve them meaningfully, constructively and up domestic exploration but Congress will be proud of. effectively. All you have to do is facilitate have nothing of it because of lobbyists and M., Rexburg. the people getting together to organize their environmentalists. solutions into rational plans. Selling your Second, alternative energy. Again this has DEAR SENATOR CRAPO: This is not what you power to solve these problems to the highest been talked about for 3 decades but rel- asked for, but I felt obliged to note that the bidding lobbyist is NOT the right thing for atively little has been done. The U.S., which energy price problem will solve itself you to do. There is help available when you should be at the forefront in this area, has through economics. As oil gets more expen- come around to doing the right thing. I will lagged far behind much smaller countries sive, alternative energies become relatively be able to help a lot. such as Spain, France, and the Netherlands. cheap. Thus, economics will drive up the de- Sincerely, Third, more fuel efficient transportation. velopment of those energies. Unfortunately, DM. The technology exists TODAY to almost one of those alternate energies is food. What DOUBLE gas mileage in vehicles, but our this means is that as oil gets more expen- Thanks for a chance to respond. We do not government can’t even get the car manufac- sive, food will get more expensive, because go to the gym every day because it is across turers to comply with federal fuel consump- more food will go toward powering cars (e.g. town. Our air conditioner is set at 78 degrees, tion guidelines which are a pittance. There ethanol). To prevent this from happening, I and even though we’re hot and uncomfort- has not been a significant breakthrough in believe that the federal government must as- able, we do not want the bill that turning it vehicle gas mileage from the major U.S. sist in the development of nuclear power. down will bring. We have doubled up our re- carmakers for over 10 years. This is not only There is only one source of energy in the union with vacation, so we only have to inexcusable, it is a major factor in the rea- universe, and that is nuclear power. All ‘‘head out’’ as a family once this summer. son that GM and Ford have fallen on hard other forms of energy derive from nuclear F. times the last several years. power. Wind, solar, biomass, oil all of these In addition to all of this, we have been em- previously came or are now coming from a DEAR SENATOR CRAPO: I am a retired USDA broiled in overseas conflicts in both Iraq and very large nuclear power plant in the sky Forest Service employee, my career covered Kuwait, two of the most oil-rich countries on called the sun. Fortunately, most of the det- 40 years with assignments in Idaho, Oregon, earth, but we have not held them account- rimental radiation we receive from that nu- Wyoming, California, New Mexico, and Ne- able in any way for our help. The costs of our clear power plant can be safely avoided with vada. I read your newsletter and request for aiding just those two countries, by the time sunscreen. Jokes aside, this is an important comments regarding the serious effects of we eventually get out of Iraq, will easily ex- fact to publicly recognize. Nuclear power is, run-away energy prices. I do not want to ceed one trillion U.S. taxpayer dollars, not in fact, our only source of power. We can ei- focus on the effects, but would rather empha- to mention ongoing costs associated with ther try to capture the nuclear power com- size my support for using energy supplies taking care of returning veterans. For this ing from the sun, or we can make it our- and other natural resources within our own obscene amount of money we will receive selves here on earth. While both are viable national borders to help reduce the cost and nothing in return because we have failed to avenues, the former will lead to higher food our dependency on Arab oil and other foreign negotiate oil treaties at the outset. We could prices because fields of wheat and corn are natural resources. have better spent this money on energy re- essentially huge solar power panels that can My career with the Forest Service included search and production here at home. be used to propel rich people’s jets instead of the Arab Embargo on petroleum products in

VerDate Aug 31 2005 06:36 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.033 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6278 CONGRESSIONAL RECORD — SENATE June 26, 2008 the late seventies. At the time I was working least, at the moment, afford our food, util- rifice what amounts to a breach in our na- in Wyoming, on the Bridger-Teton National ity’s, a few bills, and still squeeze out tional security over environmental issues Forest. This Forest includes part of a geo- enough gas money for my husband to go 60 or that may have been valid in the 1960s but are logic formation called an ‘‘over-thrust belt’’. so miles roundtrip to work each day. We absolutely outdated (by superior technology) These are areas where layers of sedimentary know it will get worse, and we’re not alone. today. deposits that include organic matter have PATTY. I believe (as do the majority of Americans) been covered over by other geologic layers, that we can use the natural resources God often as the result of shifting of the earth’s DEAR SENATOR CRAPO: I can’t imagine any- has provided our great nation in a respon- surface. In this process, organic matter gets one, anywhere in the USA who is not mightily sible and conscientious way that will leave a trapped underneath the layering. Eventu- upset over the exorbitant increase in fuel clean environment and a strong economy. ally, it gets changed into hydrocarbons—oil prices. I know my wife and I, our family of Sincerely, and gas. 4 couples and their children totaling 15, have TOM, Boise. During the Reagan era the Bridger-Teton already started making plans to reduce our National Forest, and other Forests that in- vacation travel this summer to within a 100- f cluded over-thrust geology issued hundreds mile radius of our homes in Twin Falls. We of leases to industry to explore for oil and will take day trips to the South Hills and DRUG ENFORCEMENT ADMINIS- gas. Many exploratory wells were drilled on take a 4–5 day Labor Day trip. As a family, TRATION CELEBRATES 35TH AN- the Bridger-Teton Forest, some in very sen- we have been planning a trip to Disneyland NIVERSARY sitive habitat (one within the view-shed of in the fall so that our older grandchildren Jackson, Wyoming). At the time, no fields could enjoy a few days in the park. We were Mrs. MCCASKILL. Mr. President, I were developed for commercial use on the planning on using our refund money, coming offer these remarks in recognition of 35 Bridger-Teton Forest, but I am aware some from Washington DC, to fund the trip which years of excellence by the Drug En- deposits were found. With today’s prices, it would have included fuel for the trip, lodg- forcement Administration, DEA, in is highly likely some of it would be economic ing, meals and entrance into the park. I combating organizations responsible to develop. But, given the current environ- speak for my wife, our adult children and for the flow of illicit narcotics into the mental concerns no politician is willing to myself when I say that the current energy risk their careers to even suggest environ- situation is inexcusable. United States. The DEA was created by mental constraints be lifted to further ex- Being a good Reagan Republican, I whole- Executive order on July 1, 1973, in plore the potential there or anywhere else heartedly endorse the drilling for more oil in order to establish a single unified com- within our borders, e.g., ANWR or off shore. Alaska, allowing additional drilling for oil mand to conduct ‘‘an all-out global war A key point I want to make regarding my off both coasts and exploring for additional on the drug menace.’’ DEA is presently experience is industry did a very good job of shale oil in Wyoming, North Dakota, South mounting this global attack in 21 divi- being sensitive to the environment in the ex- Dakota, Colorado. I know that many exist- sions throughout the United States and ploration I was involved with. In fact, many ing oil pumps have been capped; they need to of the old exploratory well sites are included be uncapped. This will upset the environ- in 87 offices in 63 countries—the largest in areas environmentalists are currently pro- mentalist crowd tremendously, but I feel it international presence of any Federal posing for Wilderness designation by Con- is about time that they are put in their law enforcement agency. gress. Of course, they wish to close off any place. The Sierra Club and others like them The mission and purpose of the DEA options to further explore and perhaps de- are prime examples. remain as vital today as they were in velop our own resources for their own ideo- Thank You for all you’re doing to assist us 1973. After months of hearings and tes- logical reasons. But, because of my experi- here in Idaho. timony in the U.S. Senate and the ence I know it can be done without destroy- Regards, House of Representatives, the Senate ing any significant sensitive ecosystem val- GRANT, Twin Falls. ues, especially with the new technology Committee on Government Operations available with is much better than we had DEAR SENATOR: Thanks for your common issued a report in October 1973 noting available in the seventies. sense approach to energy issues now facing among other benefits that the creation I appeal to you to approach Senator our country, and Idaho in particular. It com- of DEA as a superagency would provide MCCAIN and encourage him to truly be a pletely escapes me as to why Congress con- the momentum needed to coordinate ‘‘change’’ candidate for President by making tinues to bow to the shouts of a few (environ- all Federal efforts related to drug en- a part of his platform energy independence mentalists) while ignoring the overwhelming for our nation. And, have part of that pro- desires of the majority. Latest polls indicate forcement outside the Justice Depart- gram opening up and use of the energy and over 60% of Americans want us to use our ment, especially the gathering of intel- other natural resources our own nation has natural resources to help solve our short ligence on international narcotics to help accomplish that goal and less overall term energy requirements. smuggling. The DEA has steadfastly dependency on foreign imports. DRILL We have a small company with a fleet of 4 served this Nation to that end, mount- HERE, DRILL NOW, PAY LESS!! service vehicles. The vehicles are all small, ing an intelligence-driven attack Sincerely, compact hatchback type autos that are quite against the most notorious and ruth- CARL, Nampa. fuel efficient. We average about 2000 miles per week for all 4 vehicles. When gas was less international drug cartels and Baloney!! You are an oil company sellout $2.00 per gallon, we could expect to spend kingpins. DEA’s global reach also has like the rest the GOP. American needs to di- about 650.00 per month on fuel. Now we are been a key component of combating versify its energy sources, not drill for more approaching $1500.00 per month for the same terrorism, as these ideologically-moti- petroleum. Even the best estimates of U.S. mileage with no end in sight. Like most vated groups have been shown by DEA reserves do not come close to meeting U.S. companies our size, we choose to absorb to fund some of their activities and energy demands. This issue is central to our some of those costs for the sort term, but as weapons purchases through drug traf- economy, national security, and the environ- it becomes clear that the prices we see today ficking proceeds. The agency’s re-entry ment and it is the reason why I have aban- are the prices we will see in the foreseeable doned the Republican Party . . . or rather future, we will have to pass on the additional into the intelligence community in 2006 why you have abandoned me. Change, or (and unexpected) costs to our clients. Our is tacit acknowledgement of the value America and the rest of the world will leave clients are made up mostly of small retail of DEA to the Nation’s security. you behind!! and service businesses who will, in turn, pass For the past 35 years, DEA has iden- KIRK. on their increased expenses to their cus- tified, targeted, and methodically dis- tomers and clients, the everyday citizen and rupted and dismantled the operations I do not think our story is unique, but we the base of your constituency. of those responsible for the illicit drug are both in our 70’s and on Social Security. Our story is a small one but one I believe traffic. Whether it is crack and powder However my husband, who will soon be 73, is representative of the vast collection of still must work to get us through every small businesses across the country. This en- cocaine, methamphetamine, opiates, month. We no longer travel any where. Our ergy issue will cut deep into everyone’s marijuana, or prescription drugs, DEA children and grandchildren are all out of pocket, and not just at the pump! agents have courageously infiltrated state, and they also find it hard to make It is time to pass legislation that will en- drug trafficking organizations and ends meet, so they do not travel either. We courage responsible use of our natural re- brought to justice the most significant no longer have the chance to enjoy the much sources in our own country. It is absurd that and despicable criminals this Nation sought after ‘‘retirement’’ that we have all the Red Chinese can legally exploit natural has faced. The cost of this fight has come to expect. Some still can, but very resources within 50 miles of our shores when many can just keep their head above water. U.S. companies are prohibited by federal law been tremendous in terms of treasure, We have cut back on thinking about the to do the same thing. What happened to but no cost has been greater or more usual plans for enjoyment we were looking practicality and commonsense in our U.S. pointed than the price of life and suf- forward to and are gratefull that we can at Congress and Senate? Can we actually sac- fering paid by the men and women of

VerDate Aug 31 2005 06:36 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.035 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6279 DEA and their families. Since estab- State’s biggest newspaper, the Fargo ‘‘mission of the United States Air lishment, a combination of 57 special Forum, in 1981. DeVine was known as a Force is to deliver sovereign options agents, task force officers, and support consummate newsman. It has been said for the defense of the United States of staff have valiantly given their lives that, if a big story was brewing, America and its global interests—to fly for the Nation in support of DEA’s DeVine wanted it. His readers know and fight in Air, Space and Cyber- noble mission. that he got it more often than not. space.’’ He then declared three prior- On behalf of the citizens of Missouri, Throughout his 27 years as managing ities for the Air Force: winning today’s I want to remind the DEA that the editor, and later as a columnist, he fight; taking care of the Air Force fam- agency is not alone in this fight. Mis- maintained an integrity and dedication ily; and preparing for tomorrow’s chal- sourians and their communities have to journalism that was self-evident, lenges. In terms of today’s fight, stood strong against the scourge of spread every morning across the pages Wynne oversaw the deployment of drug trafficking and abuse, and our law of the Forum for all to see. more than 25,000 airmen to the Middle enforcement agencies have stood shoul- As a marine during Vietnam, he es- East. He worked to ensure that over der to shoulder with the DEA. Our corted wounded journalists off the bat- 3,000 Rover kits were deployed to the commitment to protecting young peo- tlefield. He began work with the Sioux theater so that ground forces could re- ple from the inherent danger of addic- Falls Argus Leader newspaper after the ceive full motion video directly from tion and keeping the ideal of hope war, followed by a time with the Asso- unmanned aerial systems flying orbits strong is unwavering. ciated Press in Sioux Falls, before fi- around the clock. He also realized the I am proud to offer my congratula- nally landing at the Forum, where his critical importance of intelligence, sur- tions to the DEA not only for its presence has been unmistakable. veillance, and reconnaissance. Wynne marked achievements, but also for its DeVine’s recent retirement saddened doubled the number of Predator orbits commitment to excellence. The agency many. Justly, the conclusion of his in Iraq and Afghanistan in less than a has served as a model for interagency tenure has been seen in Fargo as the year, while simultaneously exceeding collaboration and information sharing end of an era. the Department of Defense require- across the Federal law enforcement In North Dakota, community mat- ments for Predator orbits, by 2 years community. Its workforce is both tal- ters. People share a connection and a and four orbits. ented and diverse, with the most recent concern that is not to be found in all Secretary Wynne can also take great Administrator and Administrator- places. But community cannot flourish pride in the support he provided for nominee being women. Additionally, in a vacuum. It requires a dialogue. It those who sacrifice so much on the the agency was ranked in the Top 20 takes a willingness to be truthful and front lines. He was instrumental in fa- best places to work in the Federal Gov- involved. It calls for an understanding cilitating the aero-medical evacuation ernment, placing 18 out of 222 agencies of events that is untarnished and open. program, which led to a vastly im- in the Partnership for Public Service’s Perhaps Terry DeVine’s greatest con- proved survival rate for wounded 2007 rankings of ‘‘The Best Places to tribution has been to consistently fur- troops who were able to reach aid sta- Work in the Federal Government.’’ nish these qualities, and through this, tions over previous wars. Additionally, f to support the community he lives and Wynne also supported an initiative to works in.∑ create a seamless transfer of medical ADDITIONAL STATEMENTS f records from theater to stateside and IN HONOR OF MICHAEL WYNNE then to the Veterans Administration. Lastly, he understood the need to look CONGRATULATING MS. BAILEE ∑ Mr. NELSON of Nebraska. Mr. Presi- CARROLL MAYFIELD after the entire Air Force family—ac- dent, as cochair of the Senate Air tive duty, Guard, Reserve, and civil- ∑ Mr. BUNNING. Mr. President, today I Force Caucus, I wish to speak about ian—through instilling a culture of em- congratulate Ms. Bailee Carroll former Air Force Secretary, Michael powerment, accountability, and contin- Mayfield on receiving the American Wynne. uous improvement. Veterans, AMVETS, scholarship award. The Air Force has three core values: In terms of America’s future, Sec- The AMVETS National Scholarship integrity first, service before self, and retary Wynne worked hard to fulfill his Committee has awarded Ms. Mayfield a excellence in all we do. I believe Sec- tremendous responsibility to ensure $4,000 scholarship after competing suc- retary Wynne has striven to live up to that the U.S. Air Force would be well cessfully against nearly 200 applicants. these values throughout his illustrious postured to address future potential AMVETS has recognized Ms. Mayfield career. Upon graduating from the U.S. threats. I would like to thank Sec- as an outstanding high school senior Military Academy in 1966, Wynne retary Michael Wynne for his service to exhibiting academic excellence, prom- served in the Air Force for 7 years, con- our country and wish him the best in ise and merit. cluding his uniformed career as a cap- all his future endeavors.∑ tain and assistant professor of astro- The AMVETS organization awards f only six scholarships per year. Each nautics at the U.S. Air Force Academy. scholarship is awarded to a high school He then joined the ranks of General IN HONOR OF GENERAL T. senior who is the child or grandchild of Dynamics, working on revolutionary MICHAEL MOSELEY a United States veteran, and is seeking programs such as the F–16 and M1A2 ∑ Mr. NELSON of Nebraska. Mr. Presi- a postsecondary education. Ms. Main Battle Tank. After 23 years of dent, as cochair of the Senate Air Mayfield plans to utilize her scholar- service with General Dynamics, rising Force Caucus, I have been afforded a ship at Eastern Kentucky University to the rank of senior vice president, unique opportunity to get to know to pursue a career in psychology. Wynne joined the U.S. Department of GEN T. Michael Moseley, former Air Ms. Mayfield has proven herself to be Defense and served as the Principal Force Chief of Staff. I believe he is best an exemplary student, rightfully re- Deputy Under Secretary, then Under defined by three distinct traits: a com- ceiving the AMVETS Scholarship Secretary of Defense for Acquisition, mitment to excellence, compassion for Award. She is an inspiration to the Technology and Logistics. In 2005, he those with whom he serves, and a deep citizens of Kentucky and to students was confirmed as the 21st Secretary of appreciation for history. everywhere. I look forward to seeing the Air Force—assuming responsibility Whether reviewing his time in the all that she will accomplish in the fu- for organizing, training, equipping, and cockpit, eventually commanding the ture.∑ providing for the welfare of its nearly prestigious F–15 division of the Air f 370,000 men and women on active duty; Force’s Fighter Weapons School; his 180,000 members of the Air National service as a professor at the illustrious SALUTE OF TERRY DEVINE Guard and the Air Force Reserve; National War College; his command of ∑ Mr. CONRAD. Mr. President, to those 160,000 civilians; and their families. distinguished units, such as the 33rd who live in Fargo, ND, Terry DeVine On his first day in office, Secretary Operations Group and 57th Wing; his has been a prominent and steady voice Wynne issued a new mission statement pivotal role in executing the air wars for decades. DeVine was hired by my for the Air Force, declaring that the over Afghanistan and Iraq as head of

VerDate Aug 31 2005 06:36 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.021 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6280 CONGRESSIONAL RECORD — SENATE June 26, 2008 the 9th Air Force; or his service as Air sources and rural communities, Dr. gress who worked with and admired Force Chief of Staff, it is obvious that Dutson has also led a team of public him. General Moseley has applied himself servants to administer the extension After graduating with honors from with incredible dedication and commit- service throughout the State. Dr. Princeton University in 1956, Charlie ment. He truly understands the capa- Dutson and his team led Oregon State was drafted into the Army. He quickly bilities afforded through air, space, and University’s outreach mission by en- became enamored with the amazing cyberspace and has worked tirelessly gaging with Oregon’s people and com- cross-section of Americans who served to ensure that the Air Force excels in munities and focusing his efforts on in the Armed Forces and decided the these critical domains. community livability, strengthening military institution would be his life- In addition, General Moseley is deep- the economic vitality of rural commu- long, academic focus. After he received ly aware that it takes a team to launch nities and maintaining Oregon’s nat- his doctorate from UCLA in 1963, Char- a jet in the air and that every pilot ural resource base. Based on these posi- lie taught for 2 years at the University needs a wingman; and he has, there- tive impacts and the leadership of Dean of Michigan before moving on to North- fore, consistently sought to support Dutson, the OSU Extension Service is western University. At Northwestern, the Air Force family. Most recently, recognized as one of America’s top-5 Charlie began a storied 40-year career these efforts have manifested them- land-grant university extension sys- as a professor of sociology and traveled selves through ensuring predictable de- tems in the country. Dr. Dutson was to war zones, military bases across the ployment schedules for Air Force per- also instrumental in Oregon State Uni- globe, the Pentagon, and the Congress. sonnel and their families, strength- versity’s selection as one of five re- Over those four decades he became ening family wellness programs, up- gional centers for the U.S. Department known as one of the world’s foremost grading family housing, increasing of Agriculture’s Sun grant initiative, military sociologists and a key adviser educational opportunities, and reach- which is working to advance the devel- to policymakers. ing out directly to Airmen through a opment of new biobased fuels and prod- Charlie’s field was political soci- variety of mediums to help promote an ucts. ology, and he studied the Caribbean exchange of ideas. I have had the pleasure of working and the Greek-American community, It is also important to recognize that with Dr. Dutson on many projects over but his biggest contribution was in ad- throughout his nearly four decades of the years. Dean Dutson has worked dressing the civil-military bond, the service, General Moseley has displayed tirelessly on behalf of Oregon’s farmers integration of the military and our so- a deep appreciation for history and les- and ranchers. Under Dr. Dutson’s ciety. He wrote extensively about the sons learned from past events. This his- watch, Oregon State University has se- culture in the military, the success torical insight and perspective is crit- cured critical Federal research funding story of racial integration in the serv- ical as the U.S. Air Force looks to suc- for grass seed, potatoes, livestock graz- ices, particularly the Army. He also fo- ceed in today’s missions while simulta- ing, small fruits, barley genome map- cused his writings on the changing na- neously cultivating a force which will ping, soil and air quality, organic Agri- ture of the military as we moved from excel in the future. General Moseley culture, nursery crops and biofuels. It Vietnam to the end of the Cold War worked to ensure that this informed is because of his leadership that Oregon and into today’s conflicts against ter- approach will continue to flourish in agriculture and Oregon State Univer- rorists around the globe. As one of the the Service through the creation of the sity continue to lead the nation as preeminent military sociologists of his Analysis, Assessment, and Lessons- innovators in all agricultural sciences. time, he was a founding member of the Learned Directorate on the Air Staff. As a young Boy Scout, I was taught prestigious Inter-University Seminar These achievements represent just a that one’s duty was to respect and pro- on Armed Forces and Society, an inter- fraction of General Moseley’s accom- tect the world around you. I believe national association of academics and plishments; but one thing is clear—he that we have a responsibility to en- military scholars. has shown a tremendous commitment courage efforts in conserving our nat- Charlie’s research took him to com- to his country. I would like to thank ural resources by responsibly using bat units in Vietnam, Kuwait, Somalia, GEN T. Michael ‘‘Buzz’’ Moseley for his them, not abusing them. Dr. Thayne Kosovo, and Iraq. For over three dec- dedication to duty over these past 36 Dutson has made major contributions ades, he also served as an independent years, and I wish him all the best in his to a proud Oregon pioneering spirit of adviser to the Joint Chiefs of Staff. Al- future endeavors.∑ innovation and responsible manage- ways concerned that the All-Volunteer f ment of our natural resources. What Force could separate the military from Dean Dutson has given back to the Or- its larger society as it draws from more TRIBUTE TO DR. THAYNE DUTSON egon agriculture community is invalu- narrow segments of the population, ∑ Mr. SMITH. Mr. President, today I able, for he has taught us that every- Charlie is also credited with inspiring wish to highlight the importance of ac- one doing their small part can achieve President Clinton to create the knowledging and celebrating extraor- huge successes. I wish Thayne, his wife, AmeriCorps Program. dinary efforts by ordinary Americans Missy, and their family all the best as Among other awards, Charlie re- who have led the way in protecting and they pursue future endeavors. Oregon’s ceived the Distinguished Service preserving America’s natural re- farmers and ranchers owe him a debt of Medal, the highest honor the Army sources. I am honored to commend a gratitude.∑ awards to civilians. He is survived by natural resource hero in my home f his beloved wife of 41 years, Ilca Hoan State of Oregon, Dr. Thayne Dutson. Moskos, of Santa Monica, CA; two TRIBUTE TO DR. CHARLES After a lifetime of service to farmers sons, Andrew Moskos of Amsterdam, CONSTANTINE MOSKOS and ranchers in this country, Dr. the Netherlands, and Peter Moskos of Dutson is hanging up his hat and I ∑ Mr. WARNER. Mr. President, on May Astoria, NY; and two grandchildren.∑ 31, 2008, the Nation lost a great patriot, honor his service. f Dr. Dutson has been dean of the Col- an avid student and supporter of the lege of Agricultural Sciences at Oregon military, and a true friend of the en- MESSAGES FROM THE PRESIDENT State University since 1993 and has listed soldier—Northwestern Univer- Messages from the President of the acted as director of the Oregon Agri- sity professor emeritus of sociology, United States were communicated to cultural Experiment Station since 1987. Charles Constantine Moskos. the Senate by Mr. Thomas, one of his As head of Oregon’s College of Agri- But he wasn’t ‘‘professor’’ or ‘‘doc- secretaries. culture Sciences, Dr. Dutson has dedi- tor’’ Moskos. He was always known as f cated the past two decades of his life to ‘‘Charlie.’’ He was ‘‘Charlie’’ to admi- Oregon’s farmers and ranchers. rals and generals; he was ‘‘Charlie’’ to EXECUTIVE MESSAGES REFERRED Along with being Oregon Agri- his students; and he was ‘‘Charlie’’ to As in executive session the Presiding culture’s resource for cutting-edge re- the enlisted soldiers, airmen, sailors, Officer laid before the Senate messages search, knowledge about food systems, and marines he loved so much. He was from the President of the United environmental quality, natural re- ‘‘Charlie’’ to many Members of Con- States submitting sundry nominations

VerDate Aug 31 2005 05:53 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\CR\FM\G26JN6.060 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6281 which were referred to the appropriate sons from owning, leasing, operating, Washington, as the ‘‘Richard B. Anderson committees. or insuring any vessel flagged by North Federal Building’’. (The nominations received today are Korea and from registering vessels in The enrolled bills were subsequently printed at the end of the Senate pro- North Korea or otherwise obtaining au- signed by the President pro tempore ceedings.) thorization for a vessel to fly the North (Mr. BYRD). f Korean flag. For the reasons set forth above, I found that it was necessary to At 12:49 p.m., a message from the REPORT ON THE ISSUANCE OF AN continue these restrictions. House of Representatives, delivered by EXECUTIVE ORDER CONTINUING I delegated to the Secretary of the Mrs. Cole, one of its reading clerks, an- CERTAIN RESTRICTIONS ON Treasury, after consultation with the nounced that the House has agreed to NORTH KOREA AND NORTH KO- Secretary of State, the authority to the following concurrent resolution, in REAN NATIONALS IMPOSED take such actions, including the pro- which it requests the concurrence of UNDER THE TRADING WITH THE mulgation of rules and regulations, and the Senate: ENEMY ACT—PM 55 to employ all powers granted to the H. Con. Res. 377. Concurrent resolution au- The PRESIDING OFFICER laid be- President by IEEPA as may be nec- thorizing the use of the rotunda of the Cap- fore the Senate the following message essary to carry out the purposes of my itol for a ceremony commemorating the 60th order. Anniversary of the beginning of the integra- from the President of the United tion of the United States Armed Forces. States, together with an accompanying I am enclosing a copy of the Execu- tive Order and proclamation I have report; which was referred to the Com- f mittee on Banking, Housing, and issued. GEORGE W. BUSH. Urban Affairs: ENROLLED BILLS SIGNED THE WHITE HOUSE, June 26, 2008. To the Congress of the United States: f At 1:09 p.m., a message from the Pursuant to the International Emer- House of Representatives, delivered by gency Economic Powers Act, as amend- MESSAGES FROM THE HOUSE Mrs. Cole, one of its reading clerks, an- ed (50 U.S.C. 1701 et seq.) (IEEPA), I At 12:22 p.m., a message from the nounced that the Speaker has signed hereby report that I have issued an Ex- House of Representatives, delivered by the following enrolled bills: ecutive Order continuing certain re- Mrs. Cole, one of its reading clerks, an- H.R. 6040. An act to amend the Water Re- strictions on North Korea and North nounced that the House has passed the sources Development Act of 2007 to clarify Korean nationals imposed pursuant to following bills, in which it requests the the authority of the Secretary of the Army the exercise of authorities under the concurrence of the Senate: to provide reimbursement for travel ex- Trading With the Enemy Act (50 U.S.C. H.R. 3195. An act to restore the intent and penses incurred by members of the Com- App. 1 et seq.) (TWEA). In the order, I protections of the Americans with Disabil- mittee on Levee Safety. declared a national emergency to deal ities Act of 1990. H.R. 6327. An act to amend the Internal Revenue Code of 1986 to extend the funding with the unusual and extraordinary H.R. 3546. An act to authorize the Edward Byrne Memorial Justice Assistance Grant and expenditure authority of the Airport and threat to the national security and for- Airway Trust Fund, and for other purposes. eign policy of the United States posed Program at fiscal year 2006 levels through 2012. The enrolled bills were subsequently by the current existence and risk of the H.R. 6275. An act to amend the Internal signed by the President pro tempore proliferation of weapons-usable fissile Revenue Code of 1986 to provide individuals (Mr. BYRD). material on the Korean Peninsula. I or- temporary relief from the alternative min- dered the continuation of certain re- imum tax, and for other purposes. At 8:19 p.m., a message from the strictions on North Korea and North H.R. 6358. An act to require certain stand- House of Representatives, delivered by Korean nationals as we deal with that ards and enforcement provisions to prevent child abuse and neglect in residential pro- Ms. Niland, one of its reading clerks, threat through multilateral diplomacy. announced that the House has passed These restrictions were first imposed grams, and for other purposes. f the following bill, in which it requests pursuant to authorities found in sec- the concurrence of the Senate: tion 5(b) of TWEA, following the dec- ENROLLED BILLS SIGNED H.R. 6377. An act to direct the Commodity laration of a national emergency in The message also announced that the Futures Trading Commission to utilize all 1950 in Proclamation 2914 (15 FR 9029), Speaker has signed the following en- its authority, including its emergency pow- and continued annually, after the enrolled bills: ers, to curb immediately the role of exces- actment of IEEPA in 1977, in accord- sive speculation in any contract market S. 3180. An act to temporarily extend the within the jurisdiction and control of the ance with section 101(b) of Public Law programs under the Higher Education Act of Commodity Futures Trading Commission, on 95–223 (91 Stat. 1625; 50 U.S.C. App. 5(b) 1965. or through which energy futures or swaps are note). The most recent continuation of H.R. 430. An act to designate the United traded, and to eliminate excessive specula- such TWEA authorities is found in States bankruptcy courthouse located at 271 tion, price distortion, sudden or unreason- Cadman Plaza East in Brooklyn, New York, Presidential Determination 2007–32 of able fluctuations or unwarranted changes in as the ‘‘Conrad B. Duberstein United States September 13, 2007. In a proclamation, prices, or other unlawful activity that is Bankruptcy Courthouse’’. which I signed the same day as the causing major market disturbances that pre- H.R. 781. An act to redesignate Lock and order, I terminated, effective the fol- vent the market from accurately reflecting Dam No. 5 of the McClellan-Kerr Arkansas the forces of supply and demand for energy lowing day, the exercise of TWEA au- River Navigation System near Redfield, Ar- commodities. thorities with respect to North Korea. kansas, authorized by the Rivers and Har- The order I have issued continues the bors Act approved July 24, 1946, as the ‘‘Colo- blocking of certain property and inter- nel Charles D. Maynard Lock and Dam’’. f ests in property of North Korea or a H.R. 1019. An act to designate the United North Korean national that were States customhouse building located at 31 MEASURES REFERRED blocked as of June 16, 2000, and that re- Gonzalez Clemente Avenue in Mayaguez, The following bills were read the first Puerto Rico, as the ‘‘Rafael Martinez Nadal mained blocked immediately prior to United States Customhouse Building’’. and the second times by unanimous the date of my order. Absent this H.R. 2728. An act to designate the station consent, and referred as indicated: order, my proclamation terminating of the United States Border Patrol located at H.R. 6275. An act to amend the Internal the exercise of TWEA authorities with 25762 Madison Avenue in Murrieta, Cali- Revenue Code of 1986 to provide individuals respect to North Korea would have re- fornia, as the ‘‘Theodore L. Newton, Jr. and temporary relief from the alternative min- sulted in the unblocking of that prop- George F. Azrak Border Patrol Station’’. imum tax, and for other purposes; to the erty. H.R. 3712. An act to designate the United Committee on Finance. The order also continues restrictions States courthouse located at 1716 Spielbusch H.R. 6358. An act to require certain stand- Avenue in Toledo, Ohio, as the ‘‘James M. ards and enforcement provisions to prevent relating to North Korea-flagged vessels Ashley and Thomas W. L. Ashley United child abuse and neglect in residential pro- that would otherwise have been termi- States Courthouse’’. grams, and for other purposes; to the Com- nated by my proclamation. These re- H.R. 4140. An act to designate the Port An- mittee on Health, Education, Labor, and strictions prohibit United States per- geles Federal Building in Port Angeles, Pensions.

VerDate Aug 31 2005 06:36 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.085 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6282 CONGRESSIONAL RECORD — SENATE June 26, 2008 MEASURES PLACED ON THE EC–6751. A communication from the Acting Treasury, transmitting, pursuant to law, the CALENDAR Assistant Administrator, National Marine report of a rule entitled ‘‘Appeals Settle- Fisheries Service, Department of Commerce, ment Guidelines: Methane Gas Project, Cred- The following bill was read the first transmitting, pursuant to law, the report of it for Fuel From a Nonconventional Source’’ and second times by unanimous con- a rule entitled ‘‘Endangered and Threatened (UIL: 0029.06–00) received on June 24, 2008; to sent, and placed on the calendar: Wildlife and Plants: Threatened Status for the Committee on Finance. H.R. 3546. An act to authorize the Edward Southern Distinct Population Segment of EC–6761. A communication from the Chief Byrne Memorial Justice Assistance Grant North American Green Sturgeon’’ (RIN0648– of the Publications and Regulations Branch, Program at fiscal year 2006 levels through AT02) received on June 24, 2008; to the Com- Internal Revenue Service, Department of the Treasury, transmitting, pursuant to law, the 2012. mittee on Commerce, Science, and Transpor- tation. report of a rule entitled ‘‘Claims for Recov- f EC–6752. A communication from the Dep- ery of Overpayments of Arbitrage Rebate and Similar Payments on Tax-Exempt MEASURES READ THE FIRST TIME uty Assistant Administrator for Operations, Department of Commerce, transmitting, pur- Bonds’’ (Rev. Proc. 2008–37) received on June The following bills were read the first suant to law, the report of a rule entitled 25, 2008; to the Committee on Finance. time: ‘‘Endangered and Threatened Species: Final EC–6762. A communication from the Chief of the Publications and Regulations Branch, H.R. 3195. An act to restore the intent and Protective Regulations for Threatened Upper Columbia River Steelhead’’ (RIN0648–AU18) Internal Revenue Service, Department of the protections of the Americans with Disabil- Treasury, transmitting, pursuant to law, the ities Act of 1990. received on June 24, 2008; to the Committee on Commerce, Science, and Transportation. report of a rule entitled ‘‘Guidance Under S. 3202. A bill to address record high gas Section 664 Regarding the Effect of UBTI on prices at the pump, and for other purposes. EC–6753. A communication from the Acting Deputy Assistant Administrator for Regu- Charitable Remainder Trusts’’ (TD 9403) re- S. 3213. A bill to designate certain land as ceived on June 24, 2008; to the Committee on components of the National Wilderness Pres- latory Programs, Department of Commerce, transmitting, pursuant to law, the report of Finance. ervation System, to authorize certain pro- EC–6763. A communication from the Chief grams and activities in the Department of a rule entitled ‘‘Endangered and Threatened Species: Revision of Critical Habitat for the of the Publications and Regulations Branch, the Interior and the Department of Agri- Internal Revenue Service, Department of the culture, and for other purposes. Northern Right Whale in the Pacific Ocean’’ (RIN0648–AT84) received on June 24, 2008; to Treasury, transmitting, pursuant to law, the f the Committee on Commerce, Science, and report of a rule entitled ‘‘Applicable Federal Rates—July 2008’’ (Rev. Rul. 2008–33) received Transportation. ENROLLED BILL PRESENTED EC–6754. A communication from the Acting on June 24, 2008; to the Committee on Fi- Deputy Assistant Administrator for Regu- nance. The Secretary of the Senate reported EC–6764. A communication from the Assist- latory Programs, Department of Commerce, that on today, June 26, 2008, she had ant Secretary, Office of Legislative Affairs, transmitting, pursuant to law, the report of presented to the President of the Department of State, transmitting, pursuant a rule entitled ‘‘Endangered and Threatened United States the following enrolled to law, the certification of an application for Species: Final Listing Determinations for 10 a license for the manufacture of the AH–64 bill: Distinct Population Segments of West Coast LONGBOW Fire Control Radar S. 3180. An act to temporarily extend the Steelhead’’ (RIN0648–AR93) received on June Accelerometers for the Apache Attack Heli- programs under the Higher Education Act of 24, 2008; to the Committee on Commerce, copter Program; to the Committee on For- 1965. Science, and Transportation. eign Relations. EC–6755. A communication from the Attor- f EC–6765. A communication from the Assist- ney, Office of Assistant General Counsel for ant Secretary, Office of Legislative Affairs, EXECUTIVE AND OTHER Legislation and Regulatory Law, Depart- Department of State, transmitting, pursuant COMMUNICATIONS ment of Energy, transmitting, pursuant to to law, the certification of a proposed manu- law, the report of a rule entitled ‘‘Energy facturing license agreement for the export of The following communications were Planning and Management Program; Inte- defense articles to Mexico for the production laid before the Senate, together with grated Resource Planning Rules’’ (RIN1901– of electronic assemblies for automated accompanying papers, reports, and doc- AB24) received on June 24, 2008; to the Com- equipment for the United States; to the uments, and were referred as indicated: mittee on Energy and Natural Resources. Committee on Foreign Relations. EC–6756. A communication from the Chief EC–6766. A communication from the Assist- EC–6746. A communication from the Under of the Publications and Regulations Branch, Secretary of Defense (Acquisition, Tech- ant Secretary, Office of Legislative Affairs, Internal Revenue Service, Department of the Department of State, transmitting, pursuant nology and Logistics), transmitting, pursu- Treasury, transmitting, pursuant to law, the ant to law, an annual report relative to the to law, the report of a nomination and action report of a rule entitled ‘‘Reporting of ESOP on a nomination for the position of Under conduct of the Defense Acquisition Chal- Dividends and Section 404(k)’’ (Announce- Secretary of State for Public Diplomacy, re- lenge Program for fiscal year 2007; to the ment 2008–56) received on June 25, 2008; to the ceived on June 24, 2008; to the Committee on Committee on Armed Services. Committee on Finance. Foreign Relations. EC–6747. A communication from the Gen- EC–6757. A communication from the Chief EC–6767. A communication from the Assist- eral Counsel, Department of Housing and of the Publications and Regulations Branch, ant Secretary, Office of Legislative Affairs, Urban Development, transmitting, pursuant Internal Revenue Service, Department of the Department of State, transmitting, pursuant to law, the report of action on a nomination Treasury, transmitting, pursuant to law, the to law, the certification of a proposed manu- for the position of Secretary, received on report of a rule entitled ‘‘Auction Rate Pre- facturing license agreement for the export of June 25, 2008; to the Committee on Banking, ferred Stock—Effect of Liquidity Facilities technical data to Turkey for the manufac- Housing, and Urban Affairs. on Equity Character’’ (Notice 2008–55) re- ture and repair of the upgradeable AN/APX– EC–6748. A communication from the Chief ceived on June 25, 2008; to the Committee on 117 Transponder; to the Committee on For- Counsel, Federal Emergency Management Finance. eign Relations. Agency, Department of Homeland Security, EC–6758. A communication from the Chief EC–6768. A communication from the Sec- transmitting, pursuant to law, the report of of the Publications and Regulations Branch, retary of Health and Human Services, trans- a rule entitled ‘‘Final Flood Elevation Deter- Internal Revenue Service, Department of the mitting, pursuant to law, the Performance minations’’ (73 FR 33321) received on June 25, Treasury, transmitting, pursuant to law, the Report relative to the Animal Drug User Fee 2008; to the Committee on Banking, Housing, report of a rule entitled ‘‘China Earthquake Act for fiscal year 2007; to the Committee on and Urban Affairs. Designated as Qualified Disaster Under Sec- Health, Education, Labor, and Pensions. EC–6749. A communication from the Senior tion 139 of the Internal Revenue Code’’ (No- EC–6769. A communication from the Direc- Vice President and Chief Financial Officer, tice 2008–57) received on June 24, 2008; to the tor, Regulations Policy and Management Federal Home Loan Bank of San Francisco, Committee on Finance. Staff, Department of Health and Human transmitting, pursuant to law, the Bank’s EC–6759. A communication from the Chief Services, transmitting, pursuant to law, the 2007 Management Report; to the Committee of the Publications and Regulations Branch, report of a rule entitled ‘‘Medical Devices; on Banking, Housing, and Urban Affairs. Internal Revenue Service, Department of the Medical Device Reporting; Baseline Reports’’ EC–6750. A communication from the Dep- Treasury, transmitting, pursuant to law, the (Docket No. FDA–2008–N–0310) received on uty Assistant Administrator for Regulatory report of a rule entitled ‘‘Guidance Under June 25, 2008; to the Committee on Health, Programs, Department of Commerce, trans- Section 956 for Determining Basis or Prop- Education, Labor, and Pensions. mitting, pursuant to law, the report of a rule erty Acquired in Certain Nonrecognitions EC–6770. A communication from the Chief, entitled ‘‘Endangered and Threatened Spe- Transactions’’ ((RIN1545–BH58)(TD 9402)) re- Division of Coverage, Reporting and Disclo- cies: Designation of Critical Habitat for ceived on June 24, 2008; to the Committee on sure, Department of Labor, transmitting, Southern Resident Killer Whale’’ (RIN0648– Finance. pursuant to law, a report relative to the re- AU38) received on June 24, 2008; to the Com- EC–6760. A communication from the Chief designation of a previously submitted rule, mittee on Commerce, Science, and Transpor- of the Publications and Regulations Branch, which has been assigned Regulation Identi- tation. Internal Revenue Service, Department of the fication Number 1210–AB10, as a ‘‘non-major

VerDate Aug 31 2005 05:53 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.086 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6283 rule’’; to the Committee on Health, Edu- States House of Representatives and to each Navy nomination of Rear Adm. (lh) Moira cation, Labor, and Pensions. member of the Louisiana delegation to the N. Flanders, to be Rear Admiral. EC–6771. A communication from the Acting United States Congress. Navy nomination of Rear Adm. (lh) Karen Chief Acquisition Officer and Senior Pro- f A. Flaherty, to be Rear Admiral. curement Executive, General Services Ad- Navy nomination of Rear Adm. (lh) Ray- ministration, transmitting, pursuant to law, REPORTS OF COMMITTEES mond P. English, to be Rear Admiral. the report of a rule entitled ‘‘Federal Acqui- The following reports of committees Navy nomination of Capt. Scott A. Weikert, to be Rear Admiral (lower half). sition Regulation’’ (FAC 2005–26) received on were submitted: June 24, 2008; to the Committee on Homeland Navy nomination of Capt. Bruce A. Doll, to Security and Governmental Affairs. By Mr. LEAHY, from the Committee on be Rear Admiral (lower half). EC–6772. A communication from the Acting the Judiciary, with an amendment: Navy nomination of Capt. Steven M. Assistant Legal Adviser, Office of Treaty Af- H.R. 5690. To remove the African National Talson, to be Rear Admiral (lower half). fairs, Department of State, transmitting the Congress from treatment as a terrorist orga- Navy nominations beginning with Capt. text of the 2008 Prohibited List of Substances nization for certain acts or events, provide Mark J. Belton and ending with Capt. Nich- which is to replace the 2007 Prohibited List relief for certain members of the African Na- olas T. Kalathas, which nominations were re- of Substances that was originally trans- tional Congress regarding admissibility, and ceived by the Senate and appeared in the mitted to the Senate as a part of Annex I of for other purposes. Congressional Record on March 11, 2008. the International Convention Against By Mr. LEAHY, from the Committee on Navy nomination of Rear Adm. Dirk J. Doping in Sport (TD 110–14, 110th Congress, the Judiciary, without amendment and with Debbink, to be Vice Admiral. 2nd Session); to the Committee on Foreign a preamble: *Nelson M. Ford, of Virginia, to be Under Relations. S. Res. 594. A resolution designating Sep- Secretary of the Army. tember 2008 as ‘‘Tay-Sachs Awareness *Joseph A. Benkert, of Virginia, to be an f Month’’. Assistant Secretary of Defense. PETITIONS AND MEMORIALS By Mr. LEAHY, from the Committee on *Sean Joseph Stackley, of Virginia, to be an Assistant Secretary of the Navy. The following petition or memorial the Judiciary, without amendment: S. 2979. A bill to exempt the African Na- *Frederick S. Celec, of Virginia, to be As- was laid before the Senate and was re- tional Congress from treatment as a ter- sistant to the Secretary of Defense for Nu- ferred or ordered to lie on the table as rorist organization, and for other purposes. clear and Chemical and Biological Defense Programs. indicated: f POM–409. A concurrent resolution adopted Mr. LEVIN. Mr. President, for the by the Senate of the State of Louisiana urg- EXECUTIVE REPORT OF Committee on Armed Services I report ing Congress to allow immediate family to COMMITTEE favorably the following nomination visit military personnel on extended deploy- The following executive report of lists which were printed in the ment overseas who are in a rest and relax- committee was submitted: ation period; to the Committee on Armed RECORDS on the dates indicated, and Services. By Mr. BIDEN, from the Committee on ask unanimous consent, to save the ex- Foreign Relations: pense of reprinting on the Executive SENATE CONCURRENT RESOLUTION NO. 101 [Treaty Doc. 110–9; Protocol of Amendments Calendar that these nominations lie at Whereas, on April 12, 2007, when Defense to Convention on International Hydro- Secretary Robert M. Gates announced that the Secretary’s desk for the informa- graphic Organization (Ex. Rept. 110–10)] all active-duty soldiers currently deployed tion of Senators. would see their one-year tour extended to a The text of the committee-recommended The PRESIDING OFFICER. Without fifteen months tour, the war-weary Army resolution of advice and consent to ratifica- objection, it is so ordered. faced its longest combat tours since World tion is as follows: Air Force nomination of Andrew P. War; and Resolved (two-thirds of the Senators present Armacost, to be Colonel. Whereas, although Defense Secretary concurring therein), That the Senate advises Air Force nomination of Hans C. Gates termed this a ‘‘difficult but necessary’’ and consents to the ratification of the Pro- Bruntmyer, to be Lieutenant Colonel. order, many referred to it as the decision tocol of Amendments to the Convention on Air Force nominations beginning with that would break the Army because of the the International Hydrographic Organization Dwight Peake and ending with Trevor S. chilling effect it would have on the recruit- done at Monaco on April 14, 2005 (Treaty Doc. Petrou, which nominations were received by ing, retention, and readiness of troops; and 110–9). the Senate and appeared in the Congres- Whereas, the reunion plans of troops and f sional Record on June 3, 2008. their families were suddenly placed on hold Air Force nominations beginning with because of the deployment extension orders; EXECUTIVE REPORTS OF Christine Cornish and ending with David G. and COMMITTEES Watson, which nominations were received by Whereas, such orders unleashed a flood of The following executive reports of the Senate and appeared in the Congres- emotions including feelings of sadness, dis- sional Record on June 3, 2008. appointment, worry, anxiety, anger, stress, nominations were submitted: Air Force nomination of John L. Baeke, to and a sense of betrayal or of promises being By Mr. LEVIN for the Committee on be Major. broken for service men, women, and their Armed Services. Air Force nominations beginning with Jo- families; and *Army nomination of Gen. David H. seph C. Lee and ending with Brad A. Nieset, Whereas, mental health experts agree that Petraeus, to be General. which nominations were received by the Sen- deployment extensions are extremely dif- *Army nomination of Lt. Gen. Raymond T. ate and appeared in the Congressional ficult on service members and their families; Odierno, to be General. Record on June 4, 2008. and Air Force nominations beginning with Air Force nominations beginning with Whereas, extended deployment submerges Colonel William J. Bender and ending with Robert B. Kohl and ending with Alvin W. our service men, women, and their families Colonel Timothy M. Zadalis, which nomina- Rowell, which nominations were received by under tremendous economic, employment, tions were received by the Senate and ap- the Senate and appeared in the Congres- and emotional sacrifices; and peared in the Congressional Record on March sional Record on June 4, 2008. Whereas, service men and women do re- 31, 2008. Air Force nominations beginning with ceive a period of rest and relaxation (R&R); Air Force nomination of Maj. Gen. Paul J. James D. Barber, Jr. and ending with Mark and Selva, to be Lieutenant General. John Zechman, which nominations were re- Whereas, the continued development of Army nomination of Col. Kenny C. Mon- ceived by the Senate and appeared in the strong family relationships for our service toya, to be Brigadier General. Congressional Record on June 16, 2008. men and women who have repeatly placed Army nomination of Brig. Gen. Errol R. Army nominations beginning with Marvin themselves in harm’s way in the name of Schwartz, to be Major General. P. Anderson and ending with Mark V. Vail, freedom, duty, and honor for us and our Army nomination of Maj. Gen. Ricky which nominations were received by the Sen- country should be supported. Therefore, be it Lynch, to be Lieutenant General. ate and appeared in the Congressional Resolved, That the Legislature of Louisiana Army nomination of Col. Patricia D. Record on February 5, 2008. memorializes the Congress of the United Horoho, to be Major General. Army nominations beginning with John P. States to make provisions to allow imme- Army nominations beginning with Briga- Albano and ending with D060387, which nomi- diate family to visit military personnel on dier General Timothy E. Albertson and end- nations were received by the Senate and ap- extended deployment overseas when they are ing with Colonel Larry W. Triphahn, which peared in the Congressional Record on Feb- in a period of rest and relaxation (R&R). Be nominations were received by the Senate and ruary 5, 2008. it further appeared in the Congressional Record on Army nomination of John Kissler, to be Resolved, That a copy of this Resolution be June 16, 2008. Major. transmitted to the secretary of the United Marine Corps nomination of Maj. Gen. Army nominations beginning with Mark A. States Senate and the clerk of the United John R. Allen, to be Lieutenant General. Arturi and ending with Dana F. Campbell,

VerDate Aug 31 2005 06:36 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.094 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6284 CONGRESSIONAL RECORD — SENATE June 26, 2008 which nominations were received by the Sen- Navy nominations beginning with Donald ate and appeared in the Congressional ate and appeared in the Congressional R. Burns and ending with William D. Mi- Record on April 28, 2008. Record on June 4, 2008. chael, which nominations were received by Navy nominations beginning with Chris- Army nominations beginning with Kath- the Senate and appeared in the Congres- topher P. Anklam and ending with Steven J. leen Agoglia and ending with James R. Tay- sional Record on April 15, 2008. Yoder, which nominations were received by lor, which nominations were received by the Navy nominations beginning with Robert the Senate and appeared in the Congres- Senate and appeared in the Congressional J. Barton II and ending with Christopher M. sional Record on April 28, 2008. Record on June 4, 2008. Waaler, which nominations were received by Navy nominations beginning with John L. Army nominations beginning with Robert the Senate and appeared in the Congres- Franklin and ending with Norman C. Petty, J. Egidio and ending with Alan Z. Siedlecki, sional Record on April 15, 2008. which nominations were received by the Sen- which nominations were received by the Sen- Navy nominations beginning with Drew G. ate and appeared in the Congressional ate and appeared in the Congressional Flavell and ending with Paul F. Weckman, Record on May 20, 2008. Record on June 4, 2008. which nominations were received by the Sen- Navy nomination of Michael J. McCor- Army nomination of Daisie D. Boettner, to ate and appeared in the Congressional mack, to be Captain. be Colonel. Record on April 15, 2008. Navy nominations beginning with Gregg P. Army nomination of Thomas C. Powell, to Navy nominations beginning with Teri J. Lombardo and ending with Charles J. be Colonel. Barber and ending with Lori A. Yost, which Newbury, which nominations were received Army nomination of John M. Anderson, to nominations were received by the Senate and by the Senate and appeared in the Congres- be Colonel. appeared in the Congressional Record on sional Record on June 3, 2008. Army nomination of Rowell A. Stanley, April 15, 2008. Navy nominations beginning with Daniel Jr., to be Colonel. Navy nominations beginning with Eric B. L. Gard and ending with William A. Army nominations beginning with Michael Anderson and ending with George N. Wildhack III, which nominations were re- E. Dunn and ending with Kevin J. Murphy, Whitbred IV, which nominations were received by the Senate and appeared in the which nominations were received by the Sen- ceived by the Senate and appeared in the Congressional Record on June 3, 2008. ate and appeared in the Congressional Congressional Record on April 15, 2008. Navy nominations beginning with Mark S. Record on June 16, 2008. Navy nominations beginning with Clayton Bellis and ending with Steven R. Wolfe, Army nominations beginning with Todd D. R. Allen and ending with Eric F. Zanin, which nominations were received by the Sen- Kostelecky and ending with Leesa J. Papier, which nominations were received by the Sen- ate and appeared in the Congressional which nominations were received by the Sen- ate and appeared in the Congressional Record on June 3, 2008. ate and appeared in the Congressional Record on April 15, 2008. Navy nominations beginning with Fred- Record on June 16, 2008. Navy nominations beginning with Tammy erick H. Boyles and ending with Allison M. Army nomination of Christopher C. M. Baker and ending with Leonard A. Zim- Weldon, which nominations were received by Everitt, to be Major. mermann I, which nominations were re- the Senate and appeared in the Congres- Army nomination of Dennis P. Collins, to ceived by the Senate and appeared in the sional Record on June 3, 2008. be Major. Army nominations beginning with Chris- Congressional Record on April 15, 2008. Navy nominations beginning with Esther topher W. Baker and ending with Christina Navy nominations beginning with Charles E. Burlingame and ending with Kimberly K. M. Long, which nominations were received E. A. Baker and ending with Richard N. Pellack, which nominations were received by by the Senate and appeared in the Congres- Soucie, which nominations were received by the Senate and appeared in the Congres- sional Record on June 16, 2008. the Senate and appeared in the Congres- sional Record on June 3, 2008. Army nominations beginning with Eric J. sional Record on April 28, 2008. Navy nominations beginning with Kenneth Albertson and ending with D060628, which Navy nominations beginning with Ray- D. Lapolla and ending with Joseph R. Willie nominations were received by the Senate and mond E. Chartier, Jr. and ending with Robin II, which nominations were received by the appeared in the Congressional Record on D. Tyner, which nominations were received Senate and appeared in the Congressional June 16, 2008. by the Senate and appeared in the Congres- Record on June 3, 2008. Marine Corps nominations beginning with sional Record on April 28, 2008. Navy nominations beginning with Bruce John E. Bilas and ending with Alan R. Sin- Navy nominations beginning with Robert Bennett and ending with Scott K. Rineer, gleton II, which nominations were received C. Buzzell and ending with Eduardo E. which nominations were received by the Sen- by the Senate and appeared in the Congres- Wheeler, which nominations were received ate and appeared in the Congressional sional Record on June 16, 2008. by the Senate and appeared in the Congres- Record on June 3, 2008. Marine Corps nominations beginning with sional Record on April 28, 2008. Navy nominations beginning with Daniel Joseph R. Cornell and ending with John J. Navy nominations beginning with Kevin G. K. Bean and ending with Ted Y. Yamada, Swincinski, which nominations were re- Aandahl and ending with David E. Werner, which nominations were received by the Sen- ceived by the Senate and appeared in the which nominations were received by the Sen- ate and appeared in the Congressional Congressional Record on June 16, 2008. ate and appeared in the Congressional Record on June 3, 2008. Navy nomination of Adam J. Coghan, to be Record on April 28, 2008. Navy nominations beginning with Gloria Captain. Navy nominations beginning with David A. M. Baisey and ending with Patricia L. West, Navy nomination of John E. Pasch III, to Bondura and ending with Wilburn T. J. which nominations were received by the Sen- be Captain. Strickland, which nominations were received ate and appeared in the Congressional Navy nominations beginning with Richard by the Senate and appeared in the Congres- Record on June 3, 2008. C. Boehm and ending with Michael D. Con- sional Record on April 28, 2008. Navy nomination of Michael J. Maselly, to ger, which nominations were received by the Navy nominations beginning with Jon D. be Captain. Senate and appeared in the Congressional Albright and ending with Michael W. Navy nominations beginning with Hillary Record on April 15, 2008. Zarkowski, which nominations were received King, Jr. and ending with James E. Watts, Navy nominations beginning with James by the Senate and appeared in the Congres- which nominations were received by the Sen- R. Dunworth and ending with Michael A. sional Record on April 28, 2008. ate and appeared in the Congressional Sano, which nominations were received by Navy nominations beginning with James Record on June 4, 2008. the Senate and appeared in the Congres- E. Aull and ending with Edward B. Warford, Navy nominations beginning with Roo- sional Record on April 15, 2008. which nominations were received by the Sen- sevelt H. Brown and ending with Dale C. Navy nominations beginning with William ate and appeared in the Congressional White, which nominations were received by K. Davis and ending with Kathleen R. Record on April 28, 2008. the Senate and appeared in the Congres- Wright, which nominations were received by Navy nominations beginning with Chris- sional Record on June 4, 2008. the Senate and appeared in the Congres- tian D. Becker and ending with Donald L. Navy nominations beginning with David R. sional Record on April 15, 2008. Zwick, which nominations were received by Bustamante and ending with Rodney O. Navy nominations beginning with Kath- the Senate and appeared in the Congres- Worden, which nominations were received by leen Gromilovitz and ending with James M. sional Record on April 28, 2008. the Senate and appeared in the Congres- Mancher, which nominations were received Navy nominations beginning with William sional Record on June 4, 2008. by the Senate and appeared in the Congres- J. Brougham and ending with Jerome Zinni, Navy nominations beginning with Vida M. sional Record on April 15, 2008. which nominations were received by the Sen- Antolinjenkins and ending with Jonathan S. Navy nominations beginning with Thomas ate and appeared in the Congressional Thow, which nominations were received by E. Follo and ending with Sarah M. Standard, Record on April 28, 2008. the Senate and appeared in the Congres- which nominations were received by the Sen- Navy nominations beginning with Voresa sional Record on June 4, 2008. ate and appeared in the Congressional E. Booker and ending with Pat L. Williams, Navy nominations beginning with Angelica Record on April 15, 2008. which nominations were received by the Sen- L. C. Almonte and ending with Nancy J. Navy nominations beginning with David J. ate and appeared in the Congressional Walker, which nominations were received by Harach and ending with Patrick R. Mulcahy, Record on April 28, 2008. the Senate and appeared in the Congres- which nominations were received by the Sen- Navy nominations beginning with Danelle sional Record on June 4, 2008. ate and appeared in the Congressional M. Barrett and ending with Boyd T. Zbinden, Navy nominations beginning with Smith C. Record on April 15, 2008. which nominations were received by the Sen- E. Barone and ending with Curtis M.

VerDate Aug 31 2005 05:53 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.098 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6285 Werking, which nominations were received Kelly Harrison Rankin, of Wyoming, to be able fluctuations or unwarranted changes in by the Senate and appeared in the Congres- United States Attorney for the District of prices, or other unlawful activity that is sional Record on June 4, 2008. Wyoming for the term of four years. causing major market disturbances that pre- Navy nominations beginning with Roland Clyde R. Cook, Jr., of North Carolina, to be vent the market from accurately reflecting E. Arellano and ending with Marva L. Wheel- United States Marshal for the Eastern Dis- the forces of supply and demand for energy er, which nominations were received by the trict of North Carolina for the term of four commodities; to the Committee on Agri- Senate and appeared in the Congressional years. culture, Nutrition, and Forestry. Record on June 4, 2008. * Nomination was reported with rec- By Mr. DURBIN (for himself, Mr. LAU- Navy nominations beginning with Chris- ommendation that it be confirmed sub- TENBERG, and Mr. KENNEDY): topher Bower and ending with Andrew F. S. 3206. A bill to amend titles V, XVIII, and Wickard, which nominations were received ject to the nominee’s commitment to XIX of the Social Security Act to promote by the Senate and appeared in the Congres- respond to requests to appear and tes- cessation of tobacco use under the Medicare sional Record on June 4, 2008. tify before any duly constituted com- program, the Medicaid program, and the ma- Navy nominations beginning with Debra A. mittee of the Senate. ternal and child health services block grant Arsenault and ending with Clifton Woodford, (Nominations without an asterisk program; to the Committee on Finance. which nominations were received by the Sen- were reported with the recommenda- By Mr. VITTER (for himself, Mr. BURR, ate and appeared in the Congressional tion that they be confirmed.) Mr. DEMINT, Mr. STEVENS, and Mr. Record on June 4, 2008. ENSIGN): Navy nominations beginning with Michael f S. 3207. A bill to amend chapter 44 of title L. Baker and ending with Chad G. Wahlin, 18, United States Code, to allow citizens who which nominations were received by the Sen- INTRODUCTION OF BILLS AND JOINT RESOLUTIONS have concealed carry permits from the State ate and appeared in the Congressional in which they reside to carry concealed fire- Record on June 4, 2008. The following bills and joint resolu- arms in another State that grants concealed Navy nominations beginning with Brent T. tions were introduced, read the first carry permits, if the individual complies Channell and ending with Michael J. Supko, and second times by unanimous con- with the laws of the State; to the Committee which nominations were received by the Sen- sent, and referred as indicated: on the Judiciary. ate and appeared in the Congressional By Mr. CONRAD (for himself and Mr. By Mr. KERRY (for himself, Mr. SPEC- Record on June 4, 2008. HATCH): Navy nominations beginning with Allen C. TER, Mr. COLEMAN, and Mr. AKAKA): S. 3208. A bill to amend the Internal Rev- Blaxton and ending with Joel R. Tessier, S. 3200. A bill to develop capacity and in- enue Code of 1986 to provide tax incentives which nominations were received by the Sen- frastructure for mentoring programs; to the for clean coal technology, and for other pur- ate and appeared in the Congressional Committee on Health, Education, Labor, and poses; to the Committee on Finance. Record on June 4, 2008. Pensions. By Mrs. HUTCHISON (for herself, Mr. Navy nominations beginning with Marc E. By Mr. GREGG (for himself, Ms. ENZI, Mr. STEVENS, Mr. VOINOVICH, Boyd and ending with Elissa J. Smith, which LANDRIEU, Mr. SUNUNU, and Mr. Ms. MURKOWSKI, Mrs. DOLE, and Mr. nominations were received by the Senate and VITTER): CORNYN): appeared in the Congressional Record on S. 3201. A bill to reauthorize the Mosquito S. 3209. A bill to amend title VII of the June 4, 2008. Abatement for Safety and Health Act for Civil Rights Act of 1964 to clarify the filing Navy nominations beginning with Todd E. mosquito-borne disease prevention and con- period applicable to charges of discrimina- Barnhill and ending with Dominick A. Vin- trol; to the Committee on Health, Education, tion, and for other purposes; to the Com- cent, which nominations were received by Labor, and Pensions. mittee on Health, Education, Labor, and the Senate and appeared in the Congres- By Mr. MCCONNELL (for himself, Mr. Pensions. sional Record on June 4, 2008. ALEXANDER, Mr. ALLARD, Mr. Navy nominations beginning with Edward By Mr. CASEY: BARRASSO, Mr. BENNETT, Mr. BOND, S. 3210. A bill to establish the Centennial F. Bosque and ending with Kim C. Williams, Mr. BROWNBACK, Mr. BUNNING, Mr. Historic District in the Commonwealth of which nominations were received by the Sen- BURR, Mr. CHAMBLISS, Mr. COBURN, Pennsylvania; to the Committee on Energy ate and appeared in the Congressional Mr. COCHRAN, Mr. COLEMAN, Mr. and Natural Resources. Record on June 4, 2008. CORKER, Mr. CORNYN, Mr. CRAIG, Mr. Navy nominations beginning with John D. By Mr. BAUCUS (for himself, Mr. CRAPO, Mr. DEMINT, Mrs. DOLE, Mr. JOHNSON, Mr. TESTER, and Mr. Bandy and ending with Jeffrey L. Williams, DOMENICI, Mr. ENSIGN, Mr. ENZI, Mr. which nominations were received by the Sen- THUNE): GRAHAM, Mr. GRASSLEY, Mr. GREGG, S. 3211. A bill to amend the U.S. Troop ate and appeared in the Congressional Mr. HATCH, Mrs. HUTCHISON, Mr. Readiness, Veterans’ Care, Katrina Recov- Record on June 4, 2008. INHOFE, Mr. ISAKSON, Mr. KYL, Mr. Navy nominations beginning with Claude ery, and Iraq Accountability Appropriations LUGAR, Mr. MARTINEZ, Ms. MUR- W. Arnold, Jr. and ending with Michelle G. Act, 2007, to clarify eligibility for livestock KOWSKI, Mr. ROBERTS, Mr. SESSIONS, Young, which nominations were received by indemnity payments; to the Committee on Mr. SHELBY, Mr. SPECTER, Mr. STE- the Senate and appeared in the Congres- Agriculture, Nutrition, and Forestry. VENS, Mr. SUNUNU, Mr. THUNE, Mr. sional Record on June 4, 2008. By Mrs. FEINSTEIN (for herself and VITTER, Mr. VOINOVICH, Mr. WARNER, Navy nominations beginning with Timothy Mr. BENNETT): and Mr. WICKER): A. Barney and ending with Vincent C. Wat- S. 3212. A bill to amend the Help America S. 3202. A bill to address record high gas Vote Act of 2002 to provide for auditable, son, which nominations were received by the prices at the pump, and for other purposes; Senate and appeared in the Congressional independent verification of ballots, to ensure read the first time. the security of voting systems, and for other Record on June 4, 2008. By Mr. ROBERTS (for himself and Mr. Navy nominations beginning with Albert purposes; to the Committee on Rules and Ad- BROWNBACK): Angel and ending with Thomas P. Wypyski, ministration. S. 3203. A bill to prohibit the use of funds which nominations were received by the Sen- By Mr. BINGAMAN: by the Department of Defense on the KC-X ate and appeared in the Congressional S. 3213. A bill to designate certain land as tanker contract, and for other purposes re- Record on June 4, 2008. components of the National Wilderness Pres- Navy nominations beginning with Jona- lated to that contract; to the Committee on ervation System, to authorize certain pro- than Q. Adams and ending with Mark T. Armed Services. grams and activities in the Department of Zwolski, which nominations were received By Mr. KERRY (for himself and Mr. the Interior and the Department of Agri- by the Senate and appeared in the Congres- CARPER): culture, and for other purposes; read the first sional Record on June 4, 2008. S. 3204. A bill to amend title 46, United time. Navy nominations beginning with Michael States Code, to establish requirements to en- By Mr. BARRASSO: A. Bemis and ending with Michael J. Uyboco, sure the security and safety of passengers S. 3214. A bill to provide for a program for which nominations were received by the Sen- and crew on cruise vessels, and for other pur- circulating quarter dollar coins that are em- ate and appeared in the Congressional poses; to the Committee on Commerce, blematic of a national park or other national Record on June 5, 2008. Science, and Transportation. site in each State, the District of Columbia, Navy nomination of Paul E. Levy, to be By Ms. CANTWELL: and each territory of the United States, and Lieutenant Commander. S. 3205. A bill to direct the Commodity Fu- for other purposes; to the Committee on Navy nomination of Robert N. Ladd, to be tures Trading Commission to utilize all its Banking, Housing, and Urban Affairs. Lieutenant Commander. authority, including its emergency powers, By Mr. DOMENICI (for himself, Mr. Navy nominations beginning with Ramon to curb immediately the role of excessive SESSIONS, Ms. LANDRIEU, and Ms. J. Berrocal and ending with Brian A. Mer- speculation in any contract market within MURKOWSKI): ritt, which nominations were received by the the jurisdiction and control of the Com- S. 3215. A bill to require the Secretary of Senate and appeared in the Congressional modity Futures Trading Commission, on or Energy to enter into cooperative agreements Record on June 16, 2008. through which energy futures or swaps are with private entities to share the cost of ob- By Mr. LEAHY for the Committee on the traded, and to eliminate excessive specula- taining construction and operating licenses Judiciary. tion, price distortion, sudden or unreason- for certain types of recycling facilities, and

VerDate Aug 31 2005 06:36 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00113 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.100 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6286 CONGRESSIONAL RECORD — SENATE June 26, 2008 for other purposes; to the Committee on En- DURBIN) was added as a cosponsor of S. WYDEN) was added as a cosponsor of S. ergy and Natural Resources. 937, a bill to improve support and serv- 2510, a bill to amend the Public Health By Mr. MCCONNELL: ices for individuals with autism and Service Act to provide revised stand- S. 3216. A bill to provide for the introduction of pay-for-performance compensation their families. ards for quality assurance in screening mechanisms into contracts of the Depart- S. 1212 and evaluation of gynecologic cytology ment of Veterans Affairs with community- At the request of Ms. MIKULSKI, the preparations, and for other purposes. based outpatient clinics for the provision of name of the Senator from Wisconsin S. 2608 health care services, and for other purposes; (Mr. FEINGOLD) was added as a cospon- At the request of Ms. SNOWE, the to the Committee on Veterans’ Affairs. sor of S. 1212, a bill to amend title name of the Senator from Georgia (Mr. By Mr. SPECTER (for himself, Mr. XVIII of the Social Security Act to ISAKSON) was added as a cosponsor of S. BIDEN, Mr. GRAHAM, Mr. KERRY, Mr. permit direct payment under the Medi- CORNYN, Mr. PRYOR, Mrs. DOLE, Ms. 2608, a bill to make improvements to LANDRIEU, Mr. COCHRAN, Mr. CARPER, care program for clinical social worker the Small Business Act. Mrs. MCCASKILL, and Mrs. FEIN- services provided to residents of skilled S. 2645 STEIN): nursing facilities. At the request of Mr. SMITH, his S. 3217. A bill to provide appropriate pro- S. 1492 name was added as a cosponsor of S. tection to attorney-client privileged commu- At the request of Mr. INOUYE, the 2645, a bill to require the Commandant nications and attorney work product; to the name of the Senator from South Da- Committee on the Judiciary. of the Coast Guard, in consultation kota (Mr. JOHNSON) was added as a co- By Mr. BIDEN (for himself and Mr. with the Under Secretary of Commerce HATCH): sponsor of S. 1492, a bill to improve the for Oceans and Atmosphere, to conduct S. 3218. A bill to extend the pilot program quality of federal and state data rean evaluation and review of certain for volunteer groups to obtain criminal his- garding the availability and quality of vessel discharges. tory background checks; considered and broadband services and to promote the S. 2668 passed. deployment of affordable broadband At the request of Mr. KERRY, the f services to all parts of the Nation. name of the Senator from South Da- S. 1748 SUBMISSION OF CONCURRENT AND kota (Mr. JOHNSON) was added as a co- SENATE RESOLUTIONS At the request of Mr. COLEMAN, the sponsor of S. 2668, a bill to amend the name of the Senator from Louisiana The following concurrent resolutions Internal Revenue Code of 1986 to re- (Mr. VITTER) was added as a cosponsor and Senate resolutions were read, and move cell phones from listed property of S. 1748, a bill to prevent the Federal referred (or acted upon), as indicated: under section 280F. Communications Commission from re- S. 2731 By Mr. NELSON of Florida (for him- promulgating the fairness doctrine. self, Mr. SMITH, Mr. CARDIN, Mr. At the request of Mr. BIDEN, the S. 1842 COLEMAN, and Mr. MENENDEZ): name of the Senator from Michigan At the request of Mr. KERRY, the S. Res. 603. A resolution expressing the (Mr. LEVIN) was added as a cosponsor of name of the Senator from Alaska (Ms. sense of the Senate on the restitution of or S. 2731, a bill to authorize appropria- compensation for property seized during the MURKOWSKI) was added as a cosponsor tions for fiscal years 2009 through 2013 Nazi and communist eras; to the Committee of S. 1842, a bill to amend title XVIII of to provide assistance to foreign coun- on Foreign Relations. the Social Security Act to provide for tries to combat HIV/AIDS, tuber- By Mrs. BOXER (for herself and Mrs. patient protection by limiting the FEINSTEIN): culosis, and malaria, and for other pur- number of mandatory overtime hours a S. Res. 604. A resolution congratulating the poses. California State University, Fresno Bulldogs nurse may be required to work in cer- S. 2760 baseball team for winning the 2008 National tain providers of services to which pay- Collegiate Athletics Association Division I ments are made under the Medicare At the request of Mr. BOND, the name College World Series; considered and agreed Program. of the Senator from New Hampshire to. S. 1996 (Mr. GREGG) was added as a cosponsor By Mr. DEMINT (for himself and Mr. At the request of Mr. BUNNING, his of S. 2760, a bill to amend title 10, BAYH): United States Code, to enhance the na- S. Res. 605. A resolution commemorating name was added as a cosponsor of S. 1996, a bill to reauthorize the Enhanc- tional defense through empowerment the 60th anniversary of the Berlin Airlift and of the National Guard, enhancement of honoring the veterans of Operation Vittles; ing Education Through Technology Act considered and agreed to. of 2001, and for other purposes. the functions of the National Guard Bureau, and improvement of Federal- By Mr. JOHNSON (for himself and Mr. S. 2067 State military coordination in domes- THUNE): At the request of Mr. MARTINEZ, the S. Con. Res. 92. A concurrent resolution name of the Senator from South Caro- tic emergency response, and for other recognizing the importance of homeowner- purposes. ship for Americans; to the Committee on lina (Mr. DEMINT) was added as a co- S. 2773 Banking, Housing, and Urban Affairs. sponsor of S. 2067, a bill to amend the At the request of Mr. BROWN, the f Federal Water Pollution Control Act relating to recreational vessels. name of the Senator from Kentucky ADDITIONAL COSPONSORS S. 2238 (Mr. BUNNING) was added as a cosponsor S. 334 At the request of Mr. AKAKA, the of S. 2773, a bill to amend title IV of At the request of Mr. WYDEN, the name of the Senator from Maryland the Public Health Service Act to pro- name of the Senator from Oregon (Mr. (Mr. CARDIN) was added as a cosponsor vide for the establishment of pediatric SMITH) was added as a cosponsor of S. of S. 2238, a bill to amend the National research consortia. 334, a bill to provide affordable, guaran- Dam Safety Program Act to establish a S. 2920 teed private health coverage that will program to provide grant assistance to At the request of Mr. KERRY, the make Americans healthier and can States for the rehabilitation and repair name of the Senator from Maine (Ms. never be taken away. of deficient dams. COLLINS) was added as a cosponsor of S. S. 612 S. 2504 2920, a bill to reauthorize and improve At the request of Ms. SNOWE, the At the request of Mr. NELSON of Flor- the financing and entrepreneurial de- name of the Senator from Wisconsin ida, the name of the Senator from velopment programs of the Small Busi- (Mr. FEINGOLD) was added as a cospon- North Carolina (Mrs. DOLE) was added ness Administration, and for other pur- sor of S. 612, a bill to improve the as a cosponsor of S. 2504, a bill to poses. health of women through the establish- amend title 36, United States Code, to S. 3007 ment of Offices of Women’s Health grant a Federal charter to the Military At the request of Mr. SMITH, the within the Department of Health and Officers Association of America, and name of the Senator from Maine (Ms. Human Services. for other purposes. COLLINS) was added as a cosponsor of S. S. 937 S. 2510 3007, a bill to hold the surviving Nazi At the request of Mrs. CLINTON, the At the request of Ms. LANDRIEU, the war criminals accountable for the war name of the Senator from Illinois (Mr. name of the Senator from Oregon (Mr. crimes, genocide, and crimes against

VerDate Aug 31 2005 06:36 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00114 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.111 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6287 humanity they committed during NEDY) and the Senator from Oregon CHAMBLISS, Mr. COBURN, Mr. World War II, by encouraging foreign (Mr. SMITH) were added as cosponsors COCHRAN, Mr. COLEMAN, Mr. governments to more efficiently pros- of S. 3186, a bill to provide funding for CORKER, Mr. CORNYN, Mr. ecute and extradite wanted criminals. the Low-Income Home Energy Assist- CRAIG, Mr. CRAPO, Mr. DEMINT, S. 3073 ance Program. Mrs. DOLE, Mr. DOMENICI, Mr. At the request of Mr. CORNYN, the S.J. RES. 43 ENSIGN, Mr. ENZI, Mr. GRAHAM, name of the Senator from Tennessee At the request of Mr. WICKER, the Mr. GRASSLEY, Mr. GREGG, Mr. (Mr. ALEXANDER) was added as a co- name of the Senator from Wyoming HATCH, Mrs. HUTCHISON, Mr. sponsor of S. 3073, a bill to amend the (Mr. ENZI) was added as a cosponsor of INHOFE, Mr. ISAKSON, Mr. KYL, Uniformed and Overseas Citizens Ab- S.J. Res. 43, a joint resolution pro- Mr. LUGAR, Mr. MARTINEZ, Ms. sentee Voting Act to improve proce- posing an amendment to the Constitu- MURKOWSKI, Mr. ROBERTS, Mr. dures for the collection and delivery of tion of the United States relating to SESSIONS, Mr. SHELBY, Mr. absentee ballots of absent overseas uni- marriage. SPECTER, Mr. STEVENS, Mr. formed services voters, and for other S. CON. RES. 75 SUNUNU, Mr. THUNE, Mr. purposes. At the request of Mr. COLEMAN, the VITTER, Mr. VOINOVICH, Mr. ARNER ICKER S. 3080 name of the Senator from South Da- W , and Mr. W ): S. 3202. A bill to address record high At the request of Mrs. FEINSTEIN, the kota (Mr. JOHNSON) was added as a co- gas prices at the pump, and for other name of the Senator from Massachu- sponsor of S. Con. Res. 75, a concurrent purposes; read the first time. setts (Mr. KERRY) was added as a co- resolution expressing the sense of Con- Mr. MCCONNELL. Mr. President, I sponsor of S. 3080, a bill to ensure par- gress that the Secretary of Defense ask unanimous consent that the text of ity between the temporary duty im- should take immediate steps to appoint the bill be printed in the RECORD. posed on ethanol and tax credits pro- doctors of chiropractic as commis- There being no objection, the text of vided on ethanol. sioned officers in the Armed Forces. the bill was ordered to be placed in the S. 3143 S. RES. 580 RECORD, as follows: At the request of Mr. BAYH, the At the request of Mr. DURBIN, the S. 3202 name of the Senator from Louisiana names of the Senator from Florida (Mr. Be it enacted by the Senate and House of Rep- (Ms. LANDRIEU) was added as a cospon- NELSON) and the Senator from Georgia (Mr. CHAMBLISS) were added as cospon- resentatives of the United States of America in sor of S. 3143, a bill to assist law en- Congress assembled, forcement agencies in locating, arrest- sors of S. Res. 580, a resolution expressing the sense of the Senate on pre- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ing, and prosecuting fugitives from jus- (a) SHORT TITLE.—This Act may be cited as tice. venting Iran from acquiring a nuclear the ‘‘Gas Price Reduction Act of 2008’’. weapons capability. S. 3150 (b) TABLE OF CONTENTS.—The table of con- At the request of Mr. DORGAN, his At the request of Mr. SCHUMER, the tents of this Act is as follows: name was added as a cosponsor of S. names of the Senator from New York Sec. 1. Short title; table of contents. Res. 580, supra. (Mrs. CLINTON), the Senator from New TITLE I—DEEP SEA EXPLORATION AMENDMENT NO. 4979 Jersey (Mr. LAUTENBERG) and the Sen- Sec. 101. Publication of projected State lines ator from North Carolina (Mrs. DOLE) At the request of Mr. NELSON of Flor- on outer Continental Shelf. were added as cosponsors of S. 3150, a ida, the names of the Senator from Sec. 102. Production of oil and natural gas in bill to prohibit the Secretary of Trans- Georgia (Mr. ISAKSON), the Senator new producing areas. portation or the Administrator of the from New Mexico (Mr. BINGAMAN), the Sec. 103. Conforming amendments. Federal Aviation Administration from Senator from California (Mrs. BOXER), TITLE II—WESTERN STATE OIL SHALE EXPLORATION conducting auctions, implementing the Senator from Connecticut (Mr. congestion pricing, limiting airport op- DODD), the Senator from South Dakota Sec. 201. Removal of prohibition on final regulations for commercial erations, or charging certain use fees (Mr. JOHNSON), the Senator from Lou- isiana (Ms. LANDRIEU) and the Senator leasing program for oil shale re- at airports. sources on public land. from Florida (Mr. MARTINEZ) were S. 3167 added as cosponsors of amendment No. TITLE III—PLUG-IN ELECTRIC CARS AND At the request of Mr. BURR, the 4979 intended to be proposed to S. 3001, TRUCKS names of the Senator from Alaska (Ms. an original bill to authorize appropria- Sec. 301. Advanced batteries for electric MURKOWSKI) and the Senator from Wy- tions for fiscal year 2009 for military drive vehicles. oming (Mr. ENZI) were added as cospon- activities of the Department of De- TITLE IV—ENERGY COMMODITY sors of S. 3167, a bill to amend title 38, fense, for military construction, and MARKETS United States Code, to clarify the con- for defense activities of the Depart- Sec. 401. Study of international regulation ditions under which veterans, their ment of Energy, to prescribe military of energy commodity markets. surviving spouses, and their children Sec. 402. Foreign boards of trade. personnel strengths for such fiscal Sec. 403. Index traders and swap dealers; may be treated as adjudicated men- year, and for other purposes. tally incompetent for certain purposes. disaggregation of index funds. AMENDMENT NO. 5040 Sec. 404. Improved oversight and enforce- S. 3185 At the request of Ms. LANDRIEU, the ment. At the request of Ms. CANTWELL, the names of the Senator from Illinois (Mr. TITLE I—DEEP SEA EXPLORATION name of the Senator from New York DURBIN), the Senator from Louisiana SEC. 101. PUBLICATION OF PROJECTED STATE (Mrs. CLINTON) was added as a cospon- (Mr. VITTER), the Senator from Illinois LINES ON OUTER CONTINENTAL sor of S. 3185, a bill to provide for regu- (Mr. OBAMA), the Senator from Ne- SHELF. lation of certain transactions involving braska (Mr. NELSON) and the Senator Section 4(a)(2)(A) of the Outer Continental Shelf Lands Act (43 U.S.C. 1333(a)(2)(A)) is energy commodities, to strengthen the from Indiana (Mr. BAYH) were added as enforcement authorities of the Federal amended— cosponsors of amendment No. 5040 in- (1) by designating the first, second, and Energy Regulatory Commission under tended to be proposed to H.R. 3221, a the Natural Gas Act and the Federal third sentences as clause (i), (iii), and (iv), bill to provide needed housing reform respectively; Power Act, and for other purposes. and for other purposes. (2) in clause (i) (as so designated), by in- S. 3186 f serting before the period at the end the fol- At the request of Mr. SANDERS, the lowing: ‘‘not later than 90 days after the date names of the Senator from Maine (Ms. STATEMENTS ON INTRODUCED of enactment of the Gas Price Reduction Act SNOWE), the Senator from New Hamp- BILLS AND JOINT RESOLUTIONS of 2008’’; and (3) by inserting after clause (i) (as so des- shire (Mr. SUNUNU), the Senator from By Mr. MCCONNELL (for himself, ignated) the following: Minnesota (Mr. COLEMAN), the Senator Mr. ALEXANDER, Mr. ALLARD, ‘‘(ii)(I) The projected lines shall also be from Massachusetts (Mr. KERRY), the Mr. BARRASSO, Mr. BENNETT, used for the purpose of preleasing and leas- Senator from Maine (Ms. COLLINS), the Mr. BOND, Mr. BROWNBACK, Mr. ing activities conducted in new producing Senator from Massachusetts (Mr. KEN- BUNNING, Mr. BURR, Mr. areas under section 32.

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‘‘(II) This clause shall not affect any prop- ‘‘(b) PETITION FOR LEASING NEW PRODUCING tion, coastal restoration, hurricane protec- erty right or title to Federal submerged land AREAS.— tion, and infrastructure directly affected by on the outer Continental Shelf. ‘‘(1) IN GENERAL.—Beginning on the date on coastal wetland losses. ‘‘(III) In carrying out this clause, the which the President delineates projected ‘‘(ii) Mitigation of damage to fish, wildlife, President shall consider the offshore admin- State lines under section 4(a)(2)(A)(ii), the or natural resources. istrative boundaries beyond State submerged Governor of a State, with the concurrence of ‘‘(iii) Implementation of a federally ap- lands for planning, coordination, and admin- the legislature of the State, with a new pro- proved marine, coastal, or comprehensive istrative purposes of the Department of the ducing area within the offshore administra- conservation management plan. Interior, but may establish different bound- tive boundaries beyond the submerged land ‘‘(iv) Funding of onshore infrastructure aries.’’. of the State may submit to the Secretary a projects. SEC. 102. PRODUCTION OF OIL AND NATURAL petition requesting that the Secretary make ‘‘(v) Planning assistance and the adminis- GAS IN NEW PRODUCING AREAS. the new producing area available for oil and trative costs of complying with this section. The Outer Continental Shelf Lands Act (43 gas leasing. ‘‘(B) LIMITATION.—Not more than 3 percent U.S.C. 1331 et seq.) is amended by adding at ‘‘(2) ACTION BY SECRETARY.—Notwith- of amounts received by a new producing the end the following: standing section 18, as soon as practicable State or coastal political subdivision under after receipt of a petition under paragraph paragraph (2) may be used for the purposes ‘‘SEC. 32. PRODUCTION OF OIL AND NATURAL GAS IN NEW PRODUCING AREAS. (1), the Secretary shall approve the petition described in subparagraph (A)(v). if the Secretary determines that leasing the ‘‘(6) ADMINISTRATION.—Amounts made ‘‘(a) DEFINITIONS.—In this section: new producing area would not create an un- available under paragraph (1)(B) shall— ‘‘(1) COASTAL POLITICAL SUBDIVISION.—The reasonable risk of harm to the marine, ‘‘(A) be made available, without further ap- term ‘coastal political subdivision’ means a human, or coastal environment. propriation, in accordance with this sub- political subdivision of a new producing ‘‘(c) DISPOSITION OF QUALIFIED OUTER CON- section; State any part of which political subdivision TINENTAL SHELF REVENUES FROM NEW PRO- ‘‘(B) remain available until expended; and is— DUCING AREAS.— ‘‘(C) be in addition to any amounts appro- ‘‘(A) within the coastal zone (as defined in ‘‘(1) IN GENERAL.—Notwithstanding section priated under— section 304 of the Coastal Zone Management 9 and subject to the other provisions of this ‘‘(i) other provisions of this Act; Act of 1972 (16 U.S.C. 1453)) of the new pro- subsection, for each applicable fiscal year, ‘‘(ii) the Land and Water Conservation ducing State as of the date of enactment of the Secretary of the Treasury shall deposit— Fund Act of 1965 (16 U.S.C. 460l–4 et seq.); or this section; and ‘‘(A) 50 percent of qualified outer Conti- ‘‘(iii) any other provision of law. ‘‘(B) not more than 200 nautical miles from nental Shelf revenues in the general fund of ‘‘(d) DISPOSITION OF QUALIFIED OUTER CON- the geographic center of any leased tract. the Treasury; and TINENTAL SHELF REVENUES FROM OTHER ‘‘(2) MORATORIUM AREA.— ‘‘(B) 50 percent of qualified outer Conti- AREAS.—Notwithstanding section 9, for each ‘‘(A) IN GENERAL.—The term ‘moratorium nental Shelf revenues in a special account in applicable fiscal year, the terms and condi- area’ means an area covered by sections 104 the Treasury from which the Secretary shall tions of subsection (c) shall apply to the dis- through 105 of the Department of the Inte- disburse— position of qualified outer Continental Shelf rior, Environment, and Related Agencies Ap- ‘‘(i) 75 percent to new producing States in revenues that— propriations Act, 2008 (Public Law 110–161; accordance with paragraph (2); and ‘‘(1) are derived from oil or gas leasing in 121 Stat. 2118) (as in effect on the day before ‘‘(ii) 25 percent to provide financial assist- an area that is not included in the current 5- the date of enactment of this section). ance to States in accordance with section 6 year plan of the Secretary for oil or gas leas- ‘‘(B) EXCLUSION.—The term ‘moratorium of the Land and Water Conservation Fund ing; and area’ does not include an area located in the Act of 1965 (16 U.S.C. 460l –8), which shall be ‘‘(2) are not assumed in the budget of the Gulf of Mexico. considered income to the Land and Water United States Government submitted by the ‘‘(3) NEW PRODUCING AREA.—The term ‘new Conservation Fund for purposes of section 2 President under section 1105 of title 31, producing area’ means any moratorium area of that Act (16 U.S.C. 460l–5). United States Code.’’. within the offshore administrative bound- ‘‘(2) ALLOCATION TO NEW PRODUCING STATES SEC. 103. CONFORMING AMENDMENTS. aries beyond the submerged land of a State AND COASTAL POLITICAL SUBDIVISIONS.— Sections 104 and 105 of the Department of that is located greater than 50 miles from ‘‘(A) ALLOCATION TO NEW PRODUCING the Interior, Environment, and Related the coastline of the State. STATES.—Effective for fiscal year 2008 and Agencies Appropriations Act, 2008 (Public ‘‘(4) NEW PRODUCING STATE.—The term ‘new each fiscal year thereafter, the amount made Law 110–161; 121 Stat. 2118) are amended by producing State’ means a State that has, available under paragraph (1)(B)(i) shall be striking ‘‘No funds’’ each place it appears within the offshore administrative bound- allocated to each new producing State in and inserting ‘‘Except as provided in section aries beyond the submerged land of the amounts (based on a formula established by 32 of the Outer Continental Shelf Lands Act, State, a new producing area available for oil the Secretary by regulation) proportional to no funds’’. and gas leasing under subsection (b). the amount of qualified outer Continental TITLE II—WESTERN STATE OIL SHALE ‘‘(5) OFFSHORE ADMINISTRATIVE BOUND- Shelf revenues generated in the new pro- EXPLORATION ARIES .—The term ‘offshore administrative ducing area offshore each State. SEC. 201. REMOVAL OF PROHIBITION ON FINAL boundaries’ means the administrative bound- ‘‘(B) PAYMENTS TO COASTAL POLITICAL SUB- REGULATIONS FOR COMMERCIAL aries established by the Secretary beyond DIVISIONS.— LEASING PROGRAM FOR OIL SHALE State submerged land for planning, coordina- ‘‘(i) IN GENERAL.—The Secretary shall pay RESOURCES ON PUBLIC LAND. tion, and administrative purposes of the De- 20 percent of the allocable share of each new Section 433 of the Department of the Inte- partment of the Interior and published in the producing State, as determined under sub- rior, Environment, and Related Agencies Ap- Federal Register on January 3, 2006 (71 Fed. paragraph (A), to the coastal political sub- propriations Act, 2008 (Public Law 110–161; Reg. 127). divisions of the new producing State. 121 Stat. 2152) is repealed. ‘‘(6) QUALIFIED OUTER CONTINENTAL SHELF ‘‘(ii) ALLOCATION.—The amount paid by the TITLE III—PLUG-IN ELECTRIC CARS AND REVENUES.— Secretary to coastal political subdivisions TRUCKS ‘‘(A) IN GENERAL.—The term ‘qualified shall be allocated to each coastal political SEC. 301. ADVANCED BATTERIES FOR ELECTRIC outer Continental Shelf revenues’ means all subdivision in accordance with the regula- DRIVE VEHICLES. rentals, royalties, bonus bids, and other tions promulgated under subparagraph (A). (a) DEFINITIONS.—In this section: sums due and payable to the United States ‘‘(3) MINIMUM ALLOCATION.—The amount al- (1) ADVANCED BATTERY.—The term ‘‘ad- from leases entered into on or after the date located to a new producing State for each vanced battery’’ means an electrical storage of enactment of this section for new pro- fiscal year under paragraph (2) shall be at device that is suitable for a vehicle applica- ducing areas. least 5 percent of the amounts available for tion. ‘‘(B) EXCLUSIONS.—The term ‘qualified the fiscal year under paragraph (1)(B)(i). (2) ENGINEERING INTEGRATION COSTS.—The outer Continental Shelf revenues’ does not ‘‘(4) TIMING.—The amounts required to be term ‘‘engineering integration costs’’ in- include— deposited under subparagraph (B) of para- cludes the cost of engineering tasks relating ‘‘(i) revenues from a bond or other surety graph (1) for the applicable fiscal year shall to— forfeited for obligations other than the col- be made available in accordance with that (A) the incorporation of qualifying compo- lection of royalties; subparagraph during the fiscal year imme- nents into the design of an advanced battery; ‘‘(ii) revenues from civil penalties; diately following the applicable fiscal year. and ‘‘(iii) royalties taken by the Secretary in- ‘‘(5) AUTHORIZED USES.— (B) the design of tooling and equipment kind and not sold; ‘‘(A) IN GENERAL.—Subject to subparagraph and the development of manufacturing proc- ‘‘(iv) revenues generated from leases sub- (B), each new producing State and coastal esses and material for suppliers of produc- ject to section 8(g); or political subdivision shall use all amounts tion facilities that produce qualifying com- ‘‘(v) any revenues considered qualified received under paragraph (2) in accordance ponents or advanced batteries. outer Continental Shelf revenues under sec- with all applicable Federal and State laws, (3) SECRETARY.—The term ‘‘Secretary’’ tion 102 of the Gulf of Mexico Energy Secu- only for 1 or more of the following purposes: means the Secretary of Energy. rity Act of 2006 (43 U.S.C. 1331 note; Public ‘‘(i) Projects and activities for the purposes (b) ADVANCED BATTERY RESEARCH AND DE- Law 109–432). of coastal protection, including conserva- VELOPMENT.—

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(1) IN GENERAL.—The Secretary shall— (6) AUTHORIZATION OF APPROPRIATIONS.— tion provisions) or position accountability (A) expand and accelerate research and de- There are authorized to be appropriated such adopted by the registered entity for the con- velopment efforts for advanced batteries; sums as are necessary to carry out this sub- tract or contracts against which it settles; and section for each of fiscal years 2009 through and (B) emphasize lower cost means of pro- 2013. ‘‘(C) the foreign board of trade or a foreign ducing abuse-tolerant advanced batteries (d) SENSE OF THE SENATE ON PURCHASE OF futures authority provides such information with the appropriate balance of power and PLUG-IN ELECTRIC DRIVE VEHICLES.—It is the to the Commission regarding the extent of energy capacity to meet market require- sense of the Senate that, to the maximum speculative and non-speculative trading in ments. extent practicable, the Federal Government the agreement, contract, or transaction that (2) AUTHORIZATION OF APPROPRIATIONS.— should implement policies to increase the is comparable to the information the Com- There is authorized to be appropriated to purchase of plug-in electric drive vehicles by mission determines is necessary to publish carry out this subsection $100,000,000 for each the Federal Government. its weekly report of traders (commonly of fiscal years 2010 through 2014. TITLE IV—ENERGY COMMODITY MARKETS known as the Commitments of Traders re- (c) DIRECT LOAN PROGRAM.— SEC. 401. STUDY OF INTERNATIONAL REGULA- port) for the contract or contracts against (1) IN GENERAL.—Subject to the avail- which it settles. ability of appropriated funds, not later than TION OF ENERGY COMMODITY MAR- KETS. ‘‘(2) EXISTING FOREIGN BOARDS OF TRADE.— 1 year after the date of enactment of this (a) IN GENERAL.—The Secretary of the Paragraph (1) shall become effective 1 year Act, the Secretary shall carry out a program Treasury, the Chairman of the Board of Gov- after the date of enactment of this sub- to provide a total of not more than ernors of the Federal Reserve System, the section with respect to any agreement, con- $250,000,000 in loans to eligible individuals Chairman of the Securities and Exchange tract, or transaction in an energy com- and entities for not more than 30 percent of Commission, and the Chairman of the Com- modity (as defined by the Commission) con- the costs of 1 or more of— modity Futures Trading Commission shall ducted on a foreign board of trade for which (A) reequipping a manufacturing facility in the Commission’s staff had granted relief the United States to produce advanced bat- jointly conduct a study of the international regime for regulating the trading of energy from the requirements of this Act prior to teries; the date of enactment of this subsection.’’. (B) expanding a manufacturing facility in commodity futures and derivatives. NALYSIS.—The study shall include an the United States to produce advanced bat- (b) A SEC. 403. INDEX TRADERS AND SWAP DEALERS; teries; or analysis of, at a minimum— DISAGGREGATION OF INDEX FUNDS. (C) establishing a manufacturing facility (1) key common features and differences Section 4 of the Commodity Exchange Act in the United States to produce advanced among countries in the regulation of energy (7 U.S.C. 6) (as amended by section 3) is batteries. commodity trading, including with respect amended by adding at the end the following: to market oversight and enforcement; (2) ELIGIBILITY.— ‘‘(f) INDEX TRADERS AND SWAP DEALERS.— (A) IN GENERAL.—To be eligible to obtain a (2) agreements and practices for sharing market and trading data; ‘‘(1) REPORTING.—The Commission shall— loan under this subsection, an individual or ‘‘(A) issue a proposed rule regarding rou- entity shall— (3) the use of position limits or thresholds to detect and prevent price manipulation, tine reporting requirements for index traders (i) be financially viable without the receipt and swap dealers (as those terms are defined of additional Federal funding associated excessive speculation as described in section 4a(a) of the Commodity Exchange Act (7 by the Commission) in energy and agricul- with a proposed project under this sub- tural transactions (as those terms are de- section; U.S.C. 6a(a)) or other unfair trading practices; fined by the Commission) within the juris- (ii) provide sufficient information to the diction of the Commission not later than 180 Secretary for the Secretary to ensure that (4) practices regarding the identification of commercial and noncommercial trading and days after the date of enactment of this sub- the qualified investment is expended effi- section, and issue a final rule regarding such ciently and effectively; and the extent of market speculation; and (5) agreements and practices for facili- reporting requirements not later than 270 (iii) meet such other criteria as may be es- days after the date of enactment of this sub- tablished and published by the Secretary. tating international cooperation on market oversight, compliance, and enforcement. section; and (B) CONSIDERATION.—In selecting eligible ‘‘(B) subject to the provisions of section 8, individuals or entities for loans under this (c) REPORT.—Not later than 120 days after the date of enactment of this Act, the heads disaggregate and make public monthly infor- subsection, the Secretary may consider mation on the positions and value of index whether the proposed project of an eligible of the Federal agencies described in subsection (a) shall jointly submit to the appro- funds and other passive, long-only positions individual or entity under this subsection in the energy and agricultural futures mar- would— priate committees of Congress a report kets. (i) reduce manufacturing time; that— ‘‘(2) REPORT.—Not later than 90 days after (ii) reduce manufacturing energy inten- (1) describes the results of the study; and the date of enactment of this subsection, the sity; (2) provides recommendations to improve Commission shall submit to the Committee (iii) reduce negative environmental im- openness, transparency, and other necessary on Agriculture of the House of Representa- pacts or byproducts; or elements of a properly functioning market. tives and the Committee on Agriculture, Nu- (iv) increase spent battery or component SEC. 402. FOREIGN BOARDS OF TRADE. trition, and Forestry of the Senate a report recycling Section 4 of the Commodity Exchange Act regarding— (3) RATES, TERMS, AND REPAYMENT OF (7 U.S.C. 6) is amended by adding at the end ‘‘(A) the scope of commodity index trading LOANS.—A loan provided under this sub- the following: in the futures markets; section— ‘‘(e) FOREIGN BOARDS OF TRADE.— ‘‘(B) whether classification of index traders (A) shall have an interest rate that, as of ‘‘(1) IN GENERAL.—The Commission shall and swap dealers in the futures markets can the date on which the loan is made, is equal not permit a foreign board of trade’s mem- be improved for regulatory and reporting to the cost of funds to the Department of the bers or other participants located in the purposes; and Treasury for obligations of comparable ma- United States to enter trades directly into ‘‘(C) whether, based on a review of the turity; the foreign board of trade’s trade matching trading practices for index traders in the fu- (B) shall have a term that is equal to the system with respect to an agreement, con- tures markets— lesser of— tract, or transaction in an energy com- ‘‘(i) index trading activity is adversely im- (i) the projected life, in years, of the eligi- modity (as defined by the Commission) that pacting the price discovery process in the fu- ble project to be carried out using funds from settles against any price, including the daily tures markets; and the loan, as determined by the Secretary; or or final settlement price, of a contract or ‘‘(ii) different practices and controls (ii) 25 years; and contracts listed for trading on a registered should be required.’’. (C) may be subject to a deferral in repay- entity, unless— ment for not more than 5 years after the ‘‘(A) the foreign board of trade makes pub- SEC. 404. IMPROVED OVERSIGHT AND ENFORCE- date on which the eligible project carried out lic daily information on settlement prices, MENT. using funds from the loan first begins oper- volume, open interest, and opening and clos- (a) FINDINGS.—The Senate finds that— ations, as determined by the Secretary. ing ranges for the agreement, contract, or (1) crude oil prices are at record levels and (4) PERIOD OF AVAILABILITY.—A loan under transaction that is comparable to the daily consumers in the United States are paying this subsection shall be available for— trade information published by the reg- record prices for gasoline; (A) facilities and equipment placed in serv- istered entity for the contract or contracts (2) funding for the Commodity Futures ice before December 30, 2020; and against which it settles; Trading Commission has been insufficient to (B) engineering integration costs incurred ‘‘(B) the foreign board of trade or a foreign cover the significant growth of the futures during the period beginning on the date of futures authority adopts position limitations markets; enactment of this Act and ending on Decem- (including related hedge exemption provi- (3) since the establishment of the Com- ber 30, 2020. sions) or position accountability for specu- modity Futures Trading Commission, the (5) FEES.—The cost of administering a loan lators for the agreement, contract, or trans- volume of trading on futures exchanges has made under this subsection shall not exceed action that are comparable to the position grown 8,000 percent while staffing numbers $100,000. limitations (including related hedge exemp- have decreased 12 percent; and

VerDate Aug 31 2005 05:53 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00117 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.105 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6290 CONGRESSIONAL RECORD — SENATE June 26, 2008 (4) in today’s dynamic market environ- for smokers and their families. An U.S. Public Health Service urges ment, it is essential that the Commodity Fu- American Legacy Foundation report health care insurers and purchasers to tures Trading Commission receive the fund- reminds us that second-hand smoke in include counseling and FDA-approved ing necessary to enforce existing authority children of smokers leads to asthma pharmacologic treatments as a covered to ensure that all commodity markets, including energy markets, are properly mon- and chronic ear infections in children benefit. The Guideline also emphasizes itored for market manipulation. but also that 43,000 children are or- the role that counseling, especially in (b) ADDITIONAL EMPLOYEES.—As soon as phaned every year because of tobacco- conjunction with medication, increases practicable after the date of enactment of related deaths. the odds of success in quitting. As we this Act, the Commodity Futures Trading We are not only paying a heavy urge healthcare insurers and pur- Commission shall hire at least 100 additional health toll, but an economic price as chasers to offer this important benefit, full-time employees— well. According to the Campaign for so too should our government spon- (1) to increase the public transparency of Tobacco Free Kids, health care expend- operations in energy futures markets; sored health programs keep pace. (2) to improve the enforcement in those itures caused by smoking is approach- I am proud to be joined by my col- markets; and ing $100 billion. Our federal govern- leagues Senators KENNEDY and LAUTEN- (3) to carry out such other duties as are ment pays $17.6 billion in smoking- BERG to introduce the Medicare, Med- prescribed by the Commission. caused Medicaid payments and $27.4 icaid and MCH Smoking Cessation Pro- (c) AUTHORIZATION OF APPROPRIATIONS.—In billion in smoking-caused Medicare ex- motion Act of 2008 and require govern- addition to any other funds made available penditures. to carry out the Commodity Exchange Act (7 ment-sponsored health programs to Ironically, we do not hear that much cover this important benefit. The U.S.C. 1 et seq.), there are authorized to be about how many smokers America—70 appropriated such sums as are necessary to Medicare, Medicaid, and MCH Smoking carry out this section for fiscal year 2009. percent—want to quit. Unfortunately, Cessation Promotion Act of 2008 makes they face long odds—in 2000, only about it easier for people to have access to By Mr. DURBIN (for himself, Mr 5 percent of smokers were successful in smoking cessation treatment thera- LAUTENBERG, and Mr. KEN- quitting long-term. Overcoming an ad- pies. It does three meaningful things. NEDY): diction to tobacco is arguably one of First, this bill adds a smoking ces- S. 3206. A bill to amend titles V, the single most important lifestyle sation counseling benefit and coverage XVIII, and XIX of the Social Security changes that can improve and extend of FDA-approved tobacco cessation Act to promote cessation of tobacco lives. However, most smokers who drugs to Medicare. By 2020, 17 percent use under the Medicare program, the want to quit don’t appreciate how hard of the U.S. population will be 65 years Medicaid program, and the maternal it really is to break an addition to nic- of age or older. It is estimated that and child health services block grant otine. Medicare will pay $800 billion to treat This is why it is essential that we program; to the Committee on Fi- tobacco related diseases over the next make this decision and the courage nance. 20 years. Mr. DURBIN. Mr. President, I rise that it takes as easy as possible. States today to introduce legislation to help are already stepping up to the plate Second, this bill provides coverage millions of Americans overcome a when it comes to smoking cessation. for counseling, prescription and non- deadly addiction: the addiction to to- Last year in my home State of Illinois, prescription smoking cessation drugs bacco. The Medicare, Medicaid and a record-breaking 36 cities and counties in the Medicaid program. The bill MCH Smoking Cessation Promotion enacted smoke-free laws, more than eliminates the provision in current fed- Act of 2008 will help make smoking ces- any other State in the Nation. More eral law that allows States to exclude sation therapy available to recipients and more Illinoisans and Americans FDA-approved smoking cessation of Medicare, Medicaid, and the Mater- nationwide are realizing that life with- therapies from coverage under Med- nal and Child Health, MCH, Program. out smoking is possible. And the sup- icaid. Despite the fact that the States More than 45 million adults in the port for cessation does not end there. have received payments from their suc- United States smoke cigarettes. Ap- In fact, in 2003, 37 States had some cessful Federal lawsuit against the to- proximately 90 percent started smok- form of coverage under Medicaid for at bacco industry, less than half the ing before the age of 14. Despite the least one evidence-based treatment for States provide coverage for smoking fact that we have known for decades smoking addiction. States like New cessation in their Medicaid program. that cigarette smoking are the leading Jersey and Oregon now have some of Even if Medicaid covered cessation preventable cause of death, 1,600 adults the lowest smoking-related Medicaid products and services exclusively to become regular smokers each day, in- costs. pregnant women, we would see signifi- cluding 4,000 kids. Depending on your Studies have shown that reducing cant cost savings and health improve- race/ethnicity, socioeconomic status, adult smoking through tobacco use ments. Children whose mothers smoke even where you live, the likelihood treatment pays immediate dividends, during pregnancy are almost twice as that you are a smoker varies greatly. both in terms of health improvements likely to develop asthma as those African-Americans are twice as likely and cost savings. Shortly after quitting whose mothers did not. Over 7 years, as the general population to smoke. smoking, blood circulation improves, reducing smoking prevalence by just Communities in the South are more carbon monoxide levels in the blood de- one percentage point among pregnant likely to be smoker-friendly than other crease, the risk of heart attack de- women would prevent 57,200 low birth communities in the U.S. While 22.5 per- creases, lung function and breathing weight births and save $572 million in cent of the general adult population in are improved, and coughing decreases. direct medical costs. the U.S. are current smokers, the per- Pregnant women who quit smoking Third, this bill ensures that the Ma- centage is about 50 percent higher before their second trimester decrease ternal and Child Health Program rec- among Medicaid recipients. Thirty-six the chances that they will give birth to ognizes that medications used to pro- percent of adults covered by Medicaid a low-birth-weight baby. Over the long mote smoking cessation and the inclu- smoke. term, quitting will reduce a person’s sion of anti-tobacco messages in health We have a moral argument and an risk of heart disease and stroke, im- promotion are considered part of qual- economic argument to end the addic- prove symptoms of COPD, reduce the ity maternal and child health services. tion to nicotine. Morally, how do we ig- risk of developing smoking-caused can- As Congress begins to examine more nore the deaths of 438,000 smokers or cer, and extend life expectancy. closely the impact of tobacco on our 8.6 million Americans living with seri- We are fortunate to have identified country—considering regulation by the ous smoking-related illnesses? Smok- clinically proven, effective strategies FDA or raising taxes to pay for public ing causes virtually all cases of lung to help smokers quit. Advancements in health priorities—we must make sure cancer and contributes to primary treating tobacco use and nicotine ad- we assist those fighting this deadly ad- heart disease, peripheral vascular dis- diction using pharmacotherapy and diction. I hope my colleagues will join ease, chronic obstructive pulmonary counseling have helped millions kick me in cosponsoring this legislation and disease, COPD, and other deadly health the habit. An updated clinical practice taking a stand for the public health of ailments. It is too often a bleak future guideline released in May of 2008 by the our Nation.

VerDate Aug 31 2005 06:36 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00118 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.105 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6291 Mr. President, I ask unanimous con- (A) EXCLUSION FROM OPD FEE SCHEDULE.— SEC. 4. PROMOTING CESSATION OF TOBACCO sent that the text of the bill be printed Section 1833(t)(1)(B)(iv) of the Social Secu- USE UNDER THE MEDICAID PRO- rity Act (42 U.S.C. 1395l(t)(1)(B)(iv)) is GRAM. in the RECORD. (a) COVERAGE OF TOBACCO CESSATION COUN- There being no objection, the text of amended by striking ‘‘and diagnostic mam- mography’’ and inserting ‘‘, diagnostic mam- SELING SERVICES.— the bill was ordered to be printed in mography, or counseling for cessation of to- (1) IN GENERAL.—Section 1905(a) of the So- the RECORD, as follows: bacco use (as defined in section 1861(ddd))’’. cial Security Act (42 U.S.C. 1396d(a)) is S. 3206 (B) CONFORMING AMENDMENTS.—Section amended— (A) in paragraph (27), by striking ‘‘and’’ Be it enacted by the Senate and House of Rep- 1833(a)(2) of the Social Security Act (42 after the semicolon at the end; resentatives of the United States of America in U.S.C. 1395l(a)(2)) is amended— (B) in paragraph (28), by striking the Congress assembled, (i) in subparagraph (F), by striking ‘‘and’’ after the semicolon at the end; comma at the end and inserting ‘‘; and’’; and SECTION 1. SHORT TITLE. (ii) in subparagraph (G)(ii), by striking the (C) by inserting after paragraph (28) the This Act may be cited as the ‘‘Medicare, comma at the end and inserting ‘‘; and’’; and following new paragraph: Medicaid, and MCH Tobacco Cessation Pro- (iii) by inserting after subparagraph (G)(ii) ‘‘(29) at the option of the State, counseling motion Act of 2008’’. the following new subparagraph: for cessation of tobacco use (as defined in SEC. 2. MEDICARE COVERAGE OF COUNSELING ‘‘(H) with respect to counseling for ces- section 1861(ddd)),’’. FOR CESSATION OF TOBACCO USE. sation of tobacco use (as defined in section (2) CONFORMING AMENDMENT.—Section (a) COVERAGE.—Section 1861(s)(2) of the So- 1861(ddd)) furnished by an outpatient depart- 1902(a)(10)(C)(iv) of the Social Security Act cial Security Act (42 U.S.C. 1395x(s)(2)) is ment of a hospital, the amount determined (42 U.S.C. 1396a(a)(10)(C)(iv)) is amended by amended— under paragraph (1)(W),’’. inserting ‘‘or (29)’’ after ‘‘(24)’’. (1) in subparagraph (Z), by striking ‘‘and’’ (3) ELIMINATION OF DEDUCTIBLE.—The first (b) ELIMINATION OF OPTIONAL EXCLUSION at the end; sentence of section 1833(b) of the Social Se- FROM MEDICAID PRESCRIPTION DRUG COV- (2) in subparagraph (AA)(iii), by inserting curity Act (42 U.S.C. 1395l(b)) is amended— ERAGE FOR TOBACCO CESSATION MEDICA- ‘‘and’’ at the end; and (A) by striking ‘‘and’’ before ‘‘(8)’’; and TIONS.—Section 1927(d)(2) of the Social Secu- (3) by adding at the end the following new (B) by inserting before the period the fol- rity Act (42 U.S.C. 1396r–8(d)(2)) is amended— subparagraph: lowing: ‘‘, and (9) such deductible shall not (1) by striking subparagraph (E); ‘‘(BB) counseling for cessation of tobacco apply with respect to counseling for ces- (2) by redesignating subparagraphs (F) use (as defined in subsection (ddd));’’. sation of tobacco use (as defined in section through (J) as subparagraphs (E) through (I), (b) SERVICES DESCRIBED.—Section 1861 of 1861(ddd))’’. respectively; and the Social Security Act (42 U.S.C. 1395x) is (d) APPLICATION OF LIMITS ON BILLING.— (3) in subparagraph (F) (as redesignated by amended by adding at the end the following Section 1842(b)(18)(C) of the Social Security paragraph (2)), by inserting before the period new subsection: Act (42 U.S.C. 1395u(b)(18)(C)) is amended by at the end the following: ‘‘, other than ‘‘(ddd) COUNSELING FOR CESSATION OF TO- adding at the end the following new clause: agents approved by the Food and Drug Ad- BACCO USE.—(1)(A) Subject to subparagraph ‘‘(vii) A licensed tobacco cessation coun- ministration for purposes of promoting, and (B), the term ‘counseling for cessation of to- selor (as defined in section 1861(ddd)(2)).’’. when used to promote, tobacco cessation’’. bacco use’ means diagnostic, therapy, and (e) INCLUSION AS PART OF INITIAL PREVEN- (c) REMOVAL OF COST-SHARING FOR TOBACCO counseling services for cessation of tobacco TIVE PHYSICAL EXAMINATION.—Section CESSATION COUNSELING SERVICES AND MEDI- use for individuals who use tobacco products 1861(ww)(2) of the Social Security Act (42 CATIONS.—Subsections (a)(2) and (b)(2) of sec- or who are being treated for tobacco use U.S.C. 1395x(ww)(2)) is amended by adding at tion 1916 of the Social Security Act (42 which are furnished— the end the following new subparagraph: U.S.C. 1396o) are each amended— ‘‘(i) by or under the supervision of a physi- ‘‘(M) Counseling for cessation of tobacco (1) in subparagraph (D), by striking ‘‘or’’ cian; use (as defined in subsection (ddd)).’’. after the comma at the end; (f) EFFECTIVE DATE.—The amendments ‘‘(ii) by a practitioner described in clause (2) in subparagraph (E), by striking ‘‘; and’’ made by this section shall apply to services (i), (iii), (iv), (v) or (vi) of section and inserting ‘‘, or’’; and furnished on or after the date that is 1 year 1842(b)(18)(C); or (3) by adding at the end the following new after the date of enactment of this Act. ‘‘(iii) by a licensed tobacco cessation coun- subparagraph: selor (as defined in paragraph (2)). SEC. 3. MEDICARE COVERAGE OF TOBACCO CES- SATION PHARMACOTHERAPY. ‘‘(F)(i) counseling for cessation of tobacco ‘‘(B) Such term is limited to— use described in section 1905(a)(29); or (a) INCLUSION OF TOBACCO CESSATION ‘‘(i) services recommended in ‘Treating To- ‘‘(ii) covered outpatient drugs (as defined bacco Use and Dependence: A Clinical Prac- AGENTS AS COVERED DRUGS.—Section 1860D– 2(e)(1) of the Social Security Act (42 U.S.C. in paragraph (2) of section 1927(k), and in- tice Guideline’, published by the Public cluding nonprescription drugs described in Health Service in May 2008, or any subse- 1395w–102(e)(1)) is amended— (1) in subparagraph (A), by striking ‘‘or’’ paragraph (4) of such section) that are pre- quent modification of such Guideline; and after the semicolon at the end; scribed for purposes of promoting, and when ‘‘(ii) such other services that the Secretary (2) in subparagraph (B), by striking the used to promote, tobacco cessation; and’’. recognizes to be effective. comma at the end and inserting ‘‘; or’’; and (d) INCREASED FMAP FOR TOBACCO CES- ‘‘(2) In this subsection, the term ‘licensed (3) by inserting after subparagraph (B) the SATION COUNSELING SERVICES AND MEDICA- tobacco cessation counselor’ means a to- following new subparagraph: TIONS.—The first sentence of section 1905(b) bacco cessation counselor who— ‘‘(C) any agent approved by the Food and of the Social Security Act (42 U.S.C. 1396d(b)) ‘‘(A) is licensed as such by the State (or in Drug Administration for purposes of pro- is amended— a State which does not license tobacco ces- moting, and when used to promote, tobacco (1) by striking ‘‘and’’ before ‘‘(4)’’; and sation counselors as such, is legally author- cessation that may be dispensed without a (2) by inserting before the period the fol- ized to perform the services of a tobacco ces- prescription (commonly referred to as an lowing: ‘‘, and (5) for purposes of this title, sation counselor in the jurisdiction in which ‘over-the-counter’ drug), but only if such an the Federal medical assistance percentage the counselor performs such services); and agent is prescribed by a physician (or other shall be 80 percent with respect to amounts ‘‘(B) meets uniform minimum standards re- person authorized to prescribe under State expended as medical assistance for coun- lating to basic knowledge, qualification law),’’. seling for cessation of tobacco use described training, continuing education, and docu- (b) ESTABLISHMENT OF CATEGORIES AND in subsection (a)(29) and for covered out- mentation that are established by the Sec- CLASSES CONSISTING OF TOBACCO CESSATION patient drugs (as defined in paragraph (2) of retary for purposes of this subsection.’’. AGENTS.—Section 1860D–4(b)(3)(C) of the So- section 1927(k), and including nonprescrip- (c) PAYMENT AND ELIMINATION OF COST- cial Security Act (42 U.S.C. 1395w– tion drugs described in paragraph (4) of such SHARING FOR COUNSELING FOR CESSATION OF 104(b)(3)(C)) is amended by adding at the end section) that are prescribed for purposes of TOBACCO USE.— the following new clause: promoting, and when used to promote, to- (1) PAYMENT AND ELIMINATION OF COINSUR- ‘‘(iv) CATEGORIES AND CLASSES OF TOBACCO bacco cessation’’. ANCE.—Section 1833(a)(1) of the Social Secu- CESSATION AGENTS.—There shall be a thera- (e) EFFECTIVE DATE.—The amendments rity Act (42 U.S.C. 1395l(a)(1)) is amended— peutic category or class of covered part D made by this section shall apply to services (A) by striking ‘‘and’’ before ‘‘(V)’’; and drugs consisting of agents approved by the furnished on or after the date that is 1 year (B) by inserting before the semicolon at Food and Drug Administration for cessation after the date of enactment of this Act. the end the following: ‘‘, and (W) with re- of tobacco use. Such category or class shall SEC. 5. PROMOTING CESSATION OF TOBACCO spect to counseling for cessation of tobacco include tobacco cessation agents described in USE UNDER THE MATERNAL AND use (as defined in section 1861(ddd)), the subparagraphs (A) and (C) of section 1860D– CHILD HEALTH SERVICES BLOCK amount paid shall be 100 percent of the lesser 2(e)(1).’’. GRANT PROGRAM. of the actual charge for the service or the (c) CONFORMING AMENDMENT.—Section (a) QUALITY MATERNAL AND CHILD HEALTH amount determined by a fee schedule estab- 1860D–2(e)(2)(A) of the Social Security Act (42 SERVICES INCLUDES TOBACCO CESSATION lished by the Secretary for purposes of this U.S.C. 1395w–102(e)(2)(A)) is amended by COUNSELING AND MEDICATIONS.—Section 501 subparagraph’’. striking ‘‘, other than subparagraph (E) of of the Social Security Act (42 U.S.C. 701) is (2) ELIMINATION OF COINSURANCE IN OUT- such section (relating to smoking cessation amended by adding at the end the following PATIENT HOSPITAL SETTINGS.— agents),’’. new subsection:

VerDate Aug 31 2005 05:53 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00119 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.106 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6292 CONGRESSIONAL RECORD — SENATE June 26, 2008 ‘‘(d) For purposes of this title, quality ma- challenge head-on and build and install Subtitle G Frank Church River of No Re- ternal and child health services include the these technologies. Under this bill, a turn Wilderness Adjustment (S. 1802) following: Subtitle H Rocky Mountain National Park ‘‘(1) Counseling for cessation of tobacco use typical new coal plant would be re- Wilderness, Colorado (S. 1380) (as defined in section 1861(ddd)). quired to capture 65 percent of its car- TITLE II—BUREAU OF LAND ‘‘(2) The encouragement of the prescribing bon dioxide emissions. After the first MANAGEMENT AUTHORIZATIONS and use of agents approved by the Food and generation of projects supported by Subtitle A National Landscape Conserva- Drug Administration for purposes of tobacco this bill, we will have tested and re- tion System (S. 1139) cessation. fined the technologies to enable an Subtitle B Prehistoric Trackways Na- ‘‘(3) The inclusion of messages that dis- tional Monument (S. 275) courage tobacco use in health promotion even higher rate of capture on future Subtitle C Fort Stanton—Snowy River counseling.’’. plants. Cave National Conservation Area (S. (b) EFFECTIVE DATE.—The amendment This bill will provide an important 260) made by subsection (a) shall take effect on Subtitle D Renaming of Snake River Birds the date that is 1 year after the date of en- step toward affordable, low-carbon of Prey National Conservation Area (S. actment of this Act. power. I welcome comments from my 262) colleagues on this proposal and hope Subtitle E Rio Puerco Watershed Manage- By Mr. CONRAD (for himself and that they will join me in sponsoring ment Program (S. 1940) Mr. HATCH): Subtitle F Land Conveyances and Ex- S. 3208. A bill to amend the Internal this bill. changes Revenue Code of 1986 to provide tax in- Sec. 251 Pima County, Arizona Land Ex- centives for clean coal technology, and Mr. BINGAMAN: change (S. 1341) for other purposes; to the Committee Sec. 252 Southerm Nevada Limited Transi- S. 3213. A bill to designate certain tion Area Conveyance (S. 1377) on Finance. land as components of the National Mr. CONRAD. Mr. President, I would Sec. 253 Nevada Cancer Institute Land Wilderness Preservation System, to au- Conveyance (H.R. 1311) like to discuss a bill that I am intro- thorize certain programs and activities Sec. 254 Turnabout Ranch Land Convey- ducing along with Senator HATCH in the Department of the Interior and ance, Utah (S. 832) today, the Carbon Reduction Tech- Sec. 255 Boy Scouts Land Exchange, nology Bridge Act of 2008. the Department of Agriculture, and for Utah (S. 900) This bill is designed to develop the other purposes; read the first time. Sec. 256 Douglas County, Washington, technologies that will enable us to use Mr. BINGAMAN. Mr. President, Land Conveyance (H.R. 523) TITLE III—FOREST SERVICE coal in a manner that helps address the today I am introducing the Omnibus threat of climate change. AUTHORIZATIONS Public Land Management Act of 2008, a Our country depends on coal to pro- Subtitle A Watershed Restoration and En- vide half of our electricity. In North collection of over 90 individual bills hancement Agreements (S. 232) Dakota, coal accounts for over 90 per- that have been reported by the Com- Subtitle B Wildland Firefighter Safety (S. cent of our power. This is the power we mittee on Energy and Natural Re- 1152) sources. This legislation follows enact- Subtitle C Wyoming Range Withdrawal need for lighting and heating our Subtitle D Land Conveyances and Ex- homes, powering our businesses, and, ment of the Consolidated Natural Re- changes in the future, charging our cars. sources Act, Public Law 110–229, which Sec. 331 Land Conveyance to City of The U.S. has vast resources of coal, was signed into law last month. That Coffman Cove, Alaska (S. 202) enough to last over 250 years. We need act was successful in combining to- Sec. 332 Beaverhead-Deerlodge N.F. Land Conveyance, Montana (S. 2124) to ensure that we can continue to gether several bills which were not able enjoy the affordable electricity pro- Sec. 333 Santa Fe National Forest Pecos to pass the Senate individually. It is vided by coal, while developing tech- National Historical Park Land Ex- my hope that the Omnibus Public Land change, New Mexico (S. 216) nologies that will lower the greenhouse Sec. 334 Santa Fe National Forest Land gas emissions that result from coal Management Act will similarly facilitate the passage of the remaining bills Conveyance, New Mexico (S. 1939) use. Sec. 335 Kittitas County, Washington Land We need to advance carbon capture which have been reported by the En- Conveyance (H.R. 1285) and storage technologies to address the ergy and Natural Resources Committee Sec. 336 Mammoth Community Water Dis- reality of climate change. The sci- during this Congress. trict Use Restrictions (H.R. 356) entific evidence is clear that human For the information of the Senate TITLE IV—FOREST LANDSCAPE activity is increasing the concentra- RESTORATION (S. 2593) and the public, I ask unanimous con- tion of greenhouse gases in the atmos- TITLE V—RIVERS AND TRAILS sent that the table of contents listing phere, which contributes to warming Subtitle A Additions to the National Wild temperatures. The increased occur- the various measures included in this and Scenic Rivers System rence of severe weather and other ef- bill be printed in the RECORD. Sec. 501 Fossil Creek, Arizona (S. 86) fects that we have seen to date are Sec. 502 Snake River Headwaters, Wyo- There bein no objection, the material ming (S. 1281) small in comparison to what scientists as ordered to be placed in the RECORD, Sec. 503 Taunton River, Massachusetts (S. say are the likely consequences of con- as follows: 868) tinued warming. Subtitle B Additions to the National This bill will help jumpstart invest- Sec. 1. Short title Trails System ment in technologies to capture and Sec. 2. Table of Contents Sec. 511 Arizona National Scenic Trail (S. store carbon. It provides tax credits to 1304) TITLE I—ADDITIONS TO THE NATIONAL the first generation of highly efficient Sec. 512 New England National Scenic WILDERNESS PRESERVATION SYSTEM advanced coal plants that capture car- Trail (RR. 1528) bon dioxide. It helps companies make Subtitle A Wild Monongahela Wilderness, Sec. 513 Ice Age Floods National Geologic West Virginia (H.R. 5151) Trail (S. 268) the first investments in carbon capture Sec. 514 Washington-Rochambeau Revolu- and storage equipment on the first ex- Subtitle B Virginia Ridge and Valley Wil- tionary Route National Historic Trail isting plants. It also provides credits derness (S. 570) (S. 686) for each ton of carbon dioxide captured Subtitle C Mt. Hood Wilderness, Oregon (S. Subtitle C National Trail System Amend- and stored underground. It provides a 647) ments number of other incentives to advance Sec. 521 National Trail System Willing Subtitle D Copper Salmon Wilderness, Or- Seller Authority (S. 168) coal technology. egon (S. 2034) Sec. 522 National Historic Trails Feasi- The science on climate change is Subtitle E Cascade—Siskiyou National bility Studies (S. 580) clear, but what is not proven is the Monument, Oregon (S. 2379) TITLE VI—DEPARTMENT OF THE technology that can provide the solu- INTERIOR AUTHORIZATIONS tion. This bill sets ambitious but Subtitle F Owyhee Public Lands Manage- ment, Idaho (S. 2833) Subtitle A National Parks and Federal achievable goals for those companies Recreational Lands Pass Dis- willing to be the first to address this count (S.617)

VerDate Aug 31 2005 05:53 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00120 Fmt 4624 Sfmt 0655 E:\CR\FM\A26JN6.106 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6293 Subtitle B Competitive Status for Federal Sec. 829 Muscle Shoals National Heritage Mr. DOMENICI. Mr. President, I rise Employees in Alaska (S. 1433) Area, Alabama (H.R. 1483) today to introduce, on behalf of myself Subtitle C National Tropical Botanical Sec. 830 Santa Cruz Valley National Herit- and Senators SESSIONS, MURKOWSKI, Gardens (S. 2220) age Area, Arizona (H.R. 1483) and LANDRIEU, a bill that establishes Subtitle D Baca National Wildlife Refuge Subtitle C Studies Amendments (S. 127) Sec. 841 Chatahoochee Trace, Alabama and the foundation for a sustainable nu- Subtitle E Paleontological Resource Pres- Georgia (S. 637) clear fuel cycle for the U.S. A sustain- ervation (S. 320) Sec. 842 Northern Neck, Virginia (H.R. 1483) able nuclear fuel cycle is the key to nu- TITLE VII—NATIONAL PARK SERVICE Subtitle D Amendments Relating to Na- clear energy reaching its full potential AUTHORIZATIONS tional Heritage Corridors to provide the large scale base load Sec. 851 Quinebaug and Shetucket Rivers Subtitle A Additions to the National Park electrical generating capacity our Valley National Heritage Cor- country needs, while reducing green- System ridor (S. 1182) Sec. 701 Paterson National Historical Park, Sec. 852 Delaware and Lehigh National Her- house gas emissions. Today, nuclear New Jersey (H.R. 189) itage Corridor (S. 817) energy provides nearly 20 percent of Sec. 702 Thomas Edison National Historical Sec. 853 Erie Canalway National Heritage our electricity generation capacity and Park, New Jersey (H.R. 2627) Corridor (H.R. 1483) does so more reliably, and with a lower Subtitle B Amendments to Existing Units Sec. 854 John H. Chafee Blackstone River cost per kilowatt hour than coal, with of the National Park System Valley National Heritage Cor- essentially no greenhouse gas emis- Sec. 711 Keweenaw National Historical ridor (H.R. 1483) Park Funding (S. 189) sions. In the decades to come, we will Sec. 712 Weir Farm National Historic Site TITLE IX—BUREAU OF RECLAMATION need nuclear energy to play an even Visitor Center (S. 1247) AUTHORIZATIONS greater role, not only in electrical gen- Sec. 713 Little River Canyon National Pre- Subtitle A Feasibility Studies eration, but also in the transportation serve Addition (S. 1961) Sec. 901 Snake, Boise, and Payette River and industrial sectors, if we are to Sec. 714 Hopewell Culture National Histor- Systems, Idaho (S. 542) Sec. 902 Sierra Vista Subwatershed, Ari- achieve the reductions in greenhouse ical Park Addition (H.R. 2197) gas emissions needed to address the Sec. 715 Jean Lafitte National Historical zona (S. 1929) Park Addition (S. 783) Subtitle B Project Authorizations challenge of global climate change. Sec. 716 Minute Man National Historical Sec. 911 Tumalo Irrigation District Water The Strengthening Management of Ad- Park (S. 2513) Conservation Project, Oregon vanced Recycling Technologies Act, or Sec. 716 Everglades National Park Addition (S. 1037) SMART Act, represents the first im- (S. 2804) Sec. 912 Madera Water Supply Enhance- portant step in building the bridge to ment Project, California (H.R. Sec. 718 Kalaupapa National Historical that future. Park Memorial (H.R. 3332) 1855) Sec. 913 Eastern New Mexico Rural Water The SMART Act promotes the estab- Sec. 719 Boston Harbor Islands National lishment of privately owned and oper- Recreation Area (S. 1365) System, New Mexico (S. 2814) Subtitle C Special Resource Studies Sec. 914 Rancho California Water District, ated used nuclear fuel storage and re- Sec. 721 William Jefferson Clinton Birth- California (H.R. 1725) cycling facilities. These facilities will place Home, Arkansas (S. 245) Subtitle C Title Transfers and Clarifica- help resolve the current deadlock in Sec. 722 Walnut Canyon National Monu- tions spent nuclear fuel management while ment, Arizona (S. 722) Sec. 921 Transfer of McGee Creek pipeline providing a means to extract addi- Sec. 723 Tule Lake Segregation Center, and facilities (H.R. 2085) Sec. 922 Albuquerque Biological Park, New tional energy from used nuclear fuel. I California (S. 1476) believe that a commercially viable Sec. 724 Estate Grange, St. Croix (S. 1969) Mexico, title clarification (S. Sec. 725 Harriett Beecher Stowe House, 2370) used fuel recycling strategy, combined Maine (S. 662) Subtitle D San Gabriel Basin Restoration with a responsible waste disposition Sec. 726 Battle of Shepherdstown, West Vir- Fund (H.R. 123) strategy, will enable the expansion of ginia (S. 1633) Subtitle E Lower Colorado River Multi- nuclear energy necessary to meet all Sec. 727 Green McAdoo School, Tennessee Species Conservation Fund our goals for the future of nuclear en- (H.R. 2515) (S. 2207) ergy. The SMART Act advances this vi- Sec. 728 Harry S Truman Birthplace, Mis- TITLE X—WATER SETTLEMENTS sion through incentives—rather than souri (H.R. 3998) Subtitle A San Joaquin River Restoration mandates—for both industry and local Sec. 729 Battle of Matewan, West Virginia Settlement (S. 27) (H.R. 3998) Subtitle B Northwestern New Mexico Rural communities. Sec. 730 Butterfield Overland Trail (H.R. Water Projects (S. 1171) The SMART Act establishes a competitive 50–50 cost share program be- 3998) TITLE XI—UNITED STATES GEOLOGICAL Subtitle D Program Authorizations SURVEY AUTHORIZATIONS tween the Department of Energy and Sec. 741 American Battlefield Protection private industry to finance engineering Sec. 1101 Reauthorization of National Geo- Program (S. 1921) and design work and the development Sec. 742 Preserve America Program (S. logic Mapping Act of 1992 (S. 240) of license applications for up to 2 spent 2262) fuel recycling facilities. The SMART Sec. 743 Save America’s Treasures Program Sec. 1102 New Mexico Water Resources (S. 2262) Study (S. 324) Act restricts facility designs to com- Subtitle E Advisory Commissions TITLE XII—MISCELLANEOUS mercial scale facilities that do not sep- Sec. 744 Na Hoa Pili O Kaloko-Honokohau Sec. 1201 Management of Public Land Trust arate pure plutonium. The recycling Advisory Commission (S. 1728) Funds in the State of North Da- technology must also reduce the bur- TITLE VIII—NATIONAL HERITAGE AREAS kota (S. 1740) den on geologic repositories used for Subtitle A S. 278 National Heritage Area Sec. 1202 Amendments to the Fisheries Res- ultimate disposal of waste and promote Program toration and Irrigation Mitiga- extraction of additional energy from Subtitle B Designation of National Herit- tion Act of 2000 (S. 1522) used fuel stocks. Beyond these restric- Sec. 1203 Amendments to the Alaska Nat- age Areas tions, the choice of recycling tech- Sec. 821 Sangre de Cristo National Heritage ural Gas Pipeline Act (S. 1809) Sec. 1204 Additional Assistant Secretary nology is left up to industry. Area, Colorado (S. 443) for Department of Energy (S. The resulting reference licenses for Sec. 822 Cache La Poudre River National recycling facilities may then be used Heritage Area, Colorado (S. 128) 1203) Sec. 823 South Park National Heritage by industry to construct domestic used Area, Colorado (S. 444) By Mr. DOMENICI (for himself, nuclear fuel recycling capacity. To as- Sec. 824 Northern Plains National Heritage Mr. SESSIONS, Ms. LANDRIEU, sist industry in securing the necessary Area, North Dakota (S. 2098) and Ms. MURKOWSKI): financing for these facilities, the Sec. 825 Baltimore National Heritage Area, S. 3215. A bill to require the Sec- SMART Act authorizes DOE to offer Maryland (S. 2604) retary of Energy to enter into coopera- long term contracts for spent fuel recy- Sec. 826 Freedom’s Way National Heritage tive agreements with private entities cling services. All construction and fi- Area, Massachusetts and N.H. to share the cost of obtaining construc- (S. 827) nancing costs, however, would be born Sec. 827 Mississippi Hills National Heritage tion and operating licenses for certain by industry. Area (S. 2254) types of recycling facilities, and for Although ultimate geologic disposi- Sec. 828 Mississippi Delta National Herit- other purposes; to the Committee on tion of waste will always be needed, in- age Area (S. 2512) Energy and Natural Resources. terim storage of used nuclear fuel is a

VerDate Aug 31 2005 07:00 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00121 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.128 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6294 CONGRESSIONAL RECORD — SENATE June 26, 2008 necessary component of the nuclear By Mr. MCCONNELL: care services through CBOCs begin to utilize fuel cycle infrastructure. To encourage S. 3216. A bill to provide for the in- pay-for-performance compensation mecha- development of interim storage facili- troduction of pay-for-performance nisms for compensating contractors for the ties the SMART Act establishes an eco- compensation mechanisms into con- provision of such services through such clin- nomic incentive program for commu- tracts of the Department of Veterans ics, including mechanisms as follows: (A) To provide incentives for clinics that nities and states that wish to host a fa- Affairs with community-based out- provide high-quality health care. cility within their jurisdiction. All inpatient clinics for the provision of (B) To provide incentives to better assure terim storage facilities would be pri- health care services, and for other pur- patient satisfaction. vately owned and operated and licensed poses; to the Committee on Veterans’ (C) To impose penalties (including termi- by the Nuclear Regulatory Commis- Affairs. nation of contract) for clinics that provide sion. The SMART Act incentives are Mr. MCCONNELL. Mr. President, I substandard care. designed to encourage the development ask unanimous consent that the text of (2) Mechanisms to collect and evaluate of two large scale facilities with the bill be printed in the RECORD. data on the outcomes of the services gen- enough capacity to accommodate our There being no objection, the text of erally provided by CBOCs in order to provide annual domestic used nuclear fuel gen- the bill was ordered to be placed in the for an assessment of the quality of health care provided by such clinics. eration. RECORD, as follows: (3) Mechanisms to eliminate abuses in the As with the used fuel recycling facili- S. 3216 provision of health care services by CBOCs ties, the SMART act authorizes the De- Be it enacted by the Senate and House of Rep- under contracts that continue to utilize partment of Energy to enter into long resentatives of the United States of America in capitated-basis compensation mechanisms term contracts with storage facility Congress assembled, for compensating contractors. operators. In addition, the SMART Act SECTION 1. SHORT TITLE. (c) IMPLEMENTATION.—The Secretary shall allows the Department of Energy to This Act may be cited as the ‘‘Veterans commence the implementation of the plan enter into agreements with utilities for Health Care Improvement Act of 2008’’. required by subsection (a) unless Congress the settlement of all future claims SEC. 2. FINDINGS. enacts an Act, not later than 60 days after the date of the submittal of the plan, prohib- against the department for failure to Congress makes the following findings: (1) Veterans of the Armed Forces have iting or modifying implementation of the take title to spent nuclear fuel by 1998. made tremendous sacrifices in the defense of plan. In implementing the plan, the Sec- Currently, the Nuclear Waste Fund freedom and liberty. retary may initially carry out one or more established by the Nuclear Waste Pol- (2) Congress recognizes these great sac- pilot programs to assess the feasability and icy Act of 1982 has a balance of approxi- rifices and reaffirms America’s strong com- advisability of mechanisms under the plan. mately $20 billion and is growing by mitment to its veterans. (d) REPORTS.—Not later than 180 days after nearly $1.8 billion annually from fees (3) As part of the on-going congressional the date of the enactment of this Act and paid by the utilities and interest on the effort to recognize the sacrifices made by every 180 days thereafter, the Secretary shall fund. Unfortunately, this fund is cur- America’s veterans, Congress has dramati- submit to Congress a report setting forth the recommendations of the Secretary as to the rently ‘‘on budget’’ and amounts to lit- cally increased funding for the Department of Veterans Affairs for veterans health care feasability and advisability of utilizing pay- tle more than an IOU to the U.S. rate- in the years since September 11, 2001. for-performance compensation mechanisms payers. The SMART Act will allow ac- (4) Part of the funding for the Department in the provision of health care services by cess to a small portion of this fund so of Veterans Affairs for veterans health care the Department by means in addition to that it can begin working to resolve is allocated toward community-based out- CBOCs. the nuclear waste issue as it was inpatient clinics (CBOCs). tended. (5) Many CBOCs are administered by pri- By Mr. SPECTER (for himself, The SMART Act establishes a revolv- vate contractors. Mr. BIDEN, Mr. GRAHAM, Mr. ing fund from $1 billion of the current (6) CBOCs administered by private contrac- KERRY, Mr. CORNYN, Mr. PRYOR, waste fund as well as the annual inter- tors operate on a capitated basis. Mrs. DOLE, Ms. LANDRIEU, Mr. est on the fund. The remaining 95 per- (7) Some current contracts for CBOCs may COCHRAN, Mr. CARPER, Mrs. create an incentive for contractors to sign MCCASKILL, and Mrs. FEIN- cent of the current waste fund, as well up as many veterans as possible, without en- as all future fees, would be placed in a STEIN): suring timely access to high quality health S. 3217. A bill to provide appropriate legacy fund for the purposes of con- care for such veterans. structing a geologic repository. Ex- (8) The top priorities for CBOCs should be protection to attorney-client privi- penditures from the revolving fund for to provide quality health care and patient leged communications and attorney the provisions of the act could be made satisfaction for America’s veterans. work product; to the Committee on the without further appropriations but (9) The Department of Veterans Affairs Judiciary. would be subject to limitations in ap- currently tracks the quality of patient care Mr. SPECTER. Mr. President, I seek propriations acts. In this way the re- through its Computerized Patient Record recognition today to introduce the At- System. However, fees paid to contractors volving fund could be put to use with- torney-Client Privilege Protection Act are not currently adjusted automatically to of 2008, which is a modified version of out being subject to the uncertainty of reflect the quality of care provided to pa- the annual appropriations process tients. my earlier legislation by the same while still retaining the authority of (10) A pay-for-performance payment model name. This legislation, which adds Congress to oversee the fund. offers a promising approach to health care original cosponsors, continues to ad- The resolution of the used nuclear delivery by aligning the payment of fees to dress the Department of Justice’s cor- fuel issue has been deadlocked for dec- contractors with the achievement of better porate prosecution guidelines. Those ades. Fortunately time has been on our health outcomes for patients. guidelines, last revised by former Dep- side since nuclear energy produces so (11) The Department of Veterans Affairs uty Attorney General Paul McNulty in little waste. For example the nuclear should begin to emphasize pay-for-perform- December 2006, erode the attorney-cli- ance in its contracts with CBOCs. waste generated by a family of four ent relationship by allowing prosecu- SEC. 3. PAY-FOR-PERFORMANCE UNDER DEPART- during their entire lives is only a cou- MENT OF VETERANS AFFAIRS CON- tors to request privileged information ple of pounds. Some have even said TRACTS WITH COMMUNITY-BASED backed by the hammer of prosecution that we do not need to begin recycling OUTPATIENT HEALTH CARE CLIN- if the request is denied. used nuclear fuel for 30 or 40 years. I do ICS. Like my previous bill, S. 186, this bill (a) PLAN REQUIRED.—Not later than one not believe we can wait that long be- year after the date of the enactment of this will protect the sanctity of the attor- fore we resolve the used nuclear fuel Act, the Secretary of Veterans Affairs shall ney-client relationship by prohibiting issue, however. We must begin taking submit to Congress a plan to introduce pay- federal prosecutors and investigators steps today that will place us on the for-performance measures into contracts from requesting waiver of attorney-cli- path to a secure and sustainable nu- which compensate contractors of the Depart- ent privilege and attorney work prod- clear energy industry in the future. We ment of Veterans Affairs for the provision of uct protections in corporate investiga- must demonstrate to industry and fi- health care services through community- tions. The bill would similarly prohibit based outpatient clinics (CBOCs). nancial institutions the Government’s (b) ELEMENTS.—The plan required by sub- the government from conditioning commitment to resolving the used nu- section (a) shall include the following: charging decisions or any adverse clear fuel issue. The SMART bill will (1) Measures to ensure that contracts of treatment on an organization’s pay- place us on that path to the future. the Department for the provision of health ment of employee legal fees, invocation

VerDate Aug 31 2005 05:53 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00122 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.130 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6295 of the attorney-client privilege, or well aware of the enormous power and tion due on pre-war policies, because control agreement to a joint defense agree- tools a prosecutor has at his or her dis- of those companies or their East European ment. posal. The prosecutor has enough subsidiaries had passed to the government; The new version of the bill makes power without the coercive tools of the Whereas East European countries involved in these nationalizations have not partici- many subtle improvements, including privilege waiver, whether that waiver defining ‘‘organization’’ to make clear pated in a compensation process for Holo- policy is embodied in the Holder, caust-era insurance policies for victims of that continuing criminal enterprises Thompson, McCallum, McNulty—or a Nazi persecution; and terrorist organizations will not future Filip—memorandum. Whereas the protection of and respect for benefit from the bill’s protections. The As in S. 186, this bill amends title 18 private property rights is a basic principle bill also clarifies language that the De- of the United States Code by adding a for all democratic governments that operate partment of Justice had previously new section, § 3014, that would prohibit according to the rule of law; criticized as ambiguous. The bill also any agent or attorney of the U.S. Gov- Whereas the rule of law and democratic makes clear in its findings that its pro- ernment in any criminal or civil case norms require that the activity of govern- hibition on informal privilege waiver to demand or request the disclosure of ments and their administrative agencies be demands is far from unprecedented. exercised in accordance with the laws passed any communication protected by the by their parliaments or legislatures and such The bill states: ‘‘Congress recognized attorney-client privilege or attorney laws themselves must be consistent with that law enforcement can effectively work product. The bill would also pro- international human rights standards; investigate without attorney-client hibit government lawyers and agents Whereas the Paris Declaration of the Orga- privileged information when it banned from basing any charge or adverse nization for Security and Cooperation in Eu- Attorney General demands for privi- treatment on whether an organization rope (OSCE) Parliamentary Assembly in leged materials in the Racketeer Influ- pays attorneys’ fees for its employees July 2001 noted that the process of restitu- enced and Corrupt Organizations Act. or signs a joint defense agreement. tion, compensation, and material reparation See 18 U.S.C. § 1968(c)(2).’’ This legislation is needed to ensure of victims of Nazi persecution has not been There is no need to wait to see how pursued with the same degree of comprehen- that basic protections of the attorney- siveness by all of the OSCE participating the McNulty memorandum will operate client relationship are preserved in States; in practice. There is similarly no need Federal prosecutions and investiga- Whereas the OSCE participating States to wait for another internal Depart- tions. have agreed to achieve or maintain full rec- ment of Justice reform that will likely f ognition and protection of all types of prop- fall short and be the fifth policy in the erty, including private property and the last 10 years. Any such internal reform SUBMITTED RESOLUTIONS right to prompt, just, and effective com- will not address the privilege waiver pensation for the private property that is policies of other government agencies taken for public use; SENATE RESOLUTION 603—EX- Whereas the OSCE Parliamentary Assem- that refer matters to the Department PRESSING THE SENSE OF THE bly has called on the OSCE participating of Justice and allow in through the SENATE ON THE RESTITUTION States to ensure that they implement appro- window what isn’t allowed through the OF OR COMPENSATION FOR priate legislation to secure the restitution of door. PROPERTY SEIZED DURING THE or compensation for property losses of vic- As I said when I introduced S. 186, NAZI AND COMMUNIST ERAS tims of Nazi persecution and property losses the right to counsel is too important to of communal organizations and institutions be passed over for prosecutorial con- Mr. NELSON of Florida (for himself, during the Nazi era, irrespective of the cur- venience. It has been engrained in Mr. SMITH, Mr. CARDIN, Mr. COLEMAN, rent citizenship or place of residence of vic- American jurisprudence since the 18th and Mr. MENENDEZ) submitted the fol- tims or their heirs or the relevant successor to communal property; century when the Bill of Rights was lowing resolution; which was referred to the Committee on Foreign Rela- Whereas Congress passed resolutions in the adopted. The 6th Amendment is a fun- 104th and 105th Congresses that emphasized damental right afforded to individuals tions: the longstanding support of the United charged with a crime and guarantees S. RES. 603 States for the restitution of or compensation proper representation by counsel Whereas many East European countries for property wrongly confiscated during the throughout a prosecution. However, were dominated for parts of the last century Nazi or communist eras; the right to counsel is largely ineffec- by Nazi or communist regimes, without the Whereas certain post-communist countries tive unless the confidential commu- consent of their people; in Europe have taken steps toward compen- Whereas victims of Nazi persecution in- sating victims of Nazi persecution whose nications made by a client to his or her cluded individuals persecuted or targeted for property was confiscated by the Nazis or lawyer are protected by law. As the Su- persecution by the Nazi or Nazi-allied gov- their allies or collaborators during World preme Court observed in Upjohn Co. v. ernments based on their religious, ethnic, or War II or subsequently seized by communist United States, ‘‘the attorney-client cultural identity, political beliefs, sexual governments after World War II; privilege is the oldest of the privileges orientation, or disability; Whereas, at the 1998 Washington Con- for confidential communications Whereas the Nazi regime and the authori- ference on Holocaust-Era Assets, 44 coun- known to the common law.’’ When the tarian and totalitarian regimes that emerged tries adopted Principles on Nazi-Confiscated Upjohn Court affirmed that attorney- in Eastern Europe after World War II perpet- Art to guide the restitution of looted art- uated the wrongful and unjust confiscation work and cultural property; client privilege protections apply to of property belonging to the victims of Nazi Whereas the Government of Lithuania has corporate internal legal dialogue, the persecution, including real property, per- promised to adopt an effective legal frame- Court manifested in the law the impor- sonal property, and financial assets; work to provide for the restitution of or tance of the attorney-client privilege Whereas communal and religious property compensation for wrongly confiscated com- in encouraging full and frank commu- was an early target of the Nazi regime and, munal property, but so far has not done so; nication between attorneys and their by expropriating churches, synagogues and Whereas successive governments in Poland clients, as well as the broader public other community-controlled property, the have promised to adopt an effective general interests the privilege serves in fos- Nazis denied religious communities the tem- property compensation law, but so far the poral facilities that held those communities current Government of Poland has not tering the observance of law and the together; adopted one; administration of justice. The Upjohn Whereas, after World War II, communist Whereas the legislation providing for the Court also made clear that the value of regimes expanded the systematic expropria- restitution of or compensation for wrongly legal advice and advocacy depends on tion of communal and religious property in confiscated property in Europe has, in var- the lawyer having been fully informed an effort to eliminate the influence of reli- ious instances, not always been implemented by the client. gion; in an effective, transparent, and timely man- In addition to the importance of the Whereas many insurance companies that ner; right to counsel, it is also fundamental issued policies in pre-World War II Eastern Whereas such legislation is of the utmost that the Government has the burden of Europe were nationalized or had their sub- importance in returning or compensating sidiary assets nationalized by communist re- property wrongfully seized by totalitarian or investigating and proving its own case. gimes; authoritarian governments to its rightful Privilege waiver tends to transfer this Whereas such nationalized companies and owners; burden to the organization under inves- those with nationalized subsidiaries have Whereas compensation and restitution pro- tigation. As a former prosecutor, I am generally not paid the proceeds or compensa- grams can never bring back to Holocaust

VerDate Aug 31 2005 05:53 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00123 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.116 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6296 CONGRESSIONAL RECORD — SENATE June 26, 2008 survivors what was taken from them, or in Mr. NELSON of Florida. Mr. Presi- companies, ultimately distributing $31 any way make up for their suffering; and dent, last month I chaired a hearing in million on more than 2,800 such claims. Whereas there are Holocaust survivors, the Senate Foreign Relations Com- Unfortunately, Eastern European now in the twilight of their lives, who are mittee to consider a difficult but ex- impoverished and in urgent need of assist- countries have not taken nearly ance, lacking the resources to support basic tremely important issue—compen- enough action on restitution for insur- needs, including adequate shelter, food, or sating Holocaust survivors and their ance and other private and communal medical care: Now, therefore, be it heirs for the value of Holocaust-era in- property taken from Jews and other Resolved, That the Senate— surance policies they held before the victims of Nazi persecution, and then (1) appreciates the efforts of those coun- war but lost or had stolen from them seized by the communist governments tries in Europe that have enacted legislation by the Nazi regime. that ruled Eastern Europe after the for the restitution of or compensation for Although this hearing was the first private, communal, and religious property war. Poland, for example, is the sole wrongly confiscated during the Nazi or com- time a Senate committee had met spe- member of the Organization for Secu- munist eras, and urges each of those coun- cifically to consider Holocaust-era in- rity and Cooperation in Europe not to tries to ensure that the legislation is effec- surance compensation issues, I have have enacted property restitution leg- tively and justly implemented; been involved in the issue for more islation. And Lithuania has yet to (2) welcomes the efforts of many post-com- than a decade. As Florida’s insurance enact promised legislation to communist countries to address the complex and commissioner in the late 1990’s, I pensate communities that had com- difficult question of the status of confiscated helped lead an international effort by munal and religious property seized. properties, and urges those countries to en- regulators and Jewish groups that ulti- sure that their restitution or compensation This is unacceptable. programs are implemented in a timely, non- mately forced many European insurers Today, Senator SMITH and I, joined discriminatory manner; to come to the table and for the first by our colleagues Senators CARDIN, (3) urges the Government of Poland and time begin paying restitution to sur- COLEMAN, and MENENDEZ, are intro- the governments of other countries in Eu- vivors. Florida is a State with a large ducing a bi-partisan resolution urging rope that have not already done so to imme- population of Holocaust survivors—one countries in Eastern Europe to enact diately enact fair, comprehensive, and just of the largest concentrations of Holo- fair and comprehensive private and legislation so that victims of Nazi persecu- caust survivors in the world. Most are tion (or the heirs of such persons) who had communal property restitution legisla- their private property looted and wrongly in their 80s or 90s. The very youngest tion addressing the unjust taking of confiscated by the Nazis during World War II are in their 70s. They are valued con- property by Nazi, communist, and so- and in turn seized by a communist govern- stituents, and while I recognize that no cialist regimes, and to do so as quickly ment are able to obtain either restitution of amount of financial compensation or as possible. Given that the youngest their property or, where restitution is not property restitution can ever make up Holocaust survivors are in their 70s, possible, fair compensation; for the indescribable wrong of the Hol- time is of the essence. (4) urges the Government of Lithuania and ocaust, I have been and remain com- the governments of other countries in Eu- Our resolution calls for the Secretary rope that have not already done so to imme- mitted to doing what I can to assist of State to engage in dialogue to diately enact fair, comprehensive, and just survivors to obtain without delay achieve the aims of the resolution as legislation so that communities that had meaningful compensation for assets well as for the convening of an inter- communal and religious property looted and that they lost during the war. national intergovernmental conference wrongly confiscated by the Nazis during The primary purpose of the hearing to focus on the remaining steps nec- World War II and in turn seized by a com- was to examine what remains to be essary to secure restitution and communist government (or the relevant succes- done to compensate Holocaust sur- pensation of Holocaust-era assets. sors to the communal and religious property vivors and their heirs for the insurance or the relevant foundations) are able to ob- The resolution has received over- tain either restitution of their property or, policies, now that the decade-long com- whelming support from the survivor where restitution is not possible, fair compensation process undertaken by the community. Following the hearing, pensation; International Commission on Holo- Holocaust survivors were notified of (5) urges the countries of Europe which caust Era Insurance Claims, ICHEC, our intent to file this resolution and have not already done so to ensure that all has ceased operations and paid out asked to provide input via e-mail. Over such restitution and compensation legisla- some $306 million to 48,000 Holocaust the space of six weeks, we received tion is established in accordance with prin- victims and their heirs for Holocaust- ciples of justice and provides a simple, trans- more than 200 messages from Holocaust parent, and prompt process, so that it results era insurance policies that belonged to survivors and their children and rel- in a tangible benefit to those surviving vic- them and never were paid. atives now living in nations around the tims of Nazi persecution who suffered from While Western European countries world, supporting restitution. Many e- the unjust confiscation of their property, and insurance companies participated mails addressed specific claims to prop- many of whom are well into their senior in and contributed to ICHEIC, there erty in Eastern European countries in- years; was undisputed testimony at the hear- cluding Croatia, Czech Republic, Hun- (6) calls on the President and the Secretary ing that Eastern European countries of State to engage in an open dialogue with gary, Latvia, Lithuania, Poland, Ro- and companies did not, and should be mania, Serbia, Slovakia, and Ukraine. leaders of those countries which have not al- called upon to compensate Holocaust ready enacted such legislation to support the The following message of support adoption of legislation requiring the fair, survivors for the unpaid value of their from a Holocaust survivor from Eng- comprehensive, and nondiscriminatory res- insurance policies. land exemplifies the many heart-rend- Millions of Jews lived in Eastern Eu- titution of or compensation for private, coming and compelling e-mails I received, ropean countries before the war. While munal, and religious property that was recounting what was lost by survivors seized and confiscated during the Nazi and many of them lived in rural areas and who had lived in Eastern Europe and communist eras; and were too poor to afford insurance, their inability thus far to obtain res- (7) welcomes a country in Europe to host there were certainly Jews who pur- titution or compensation: in 2009 a follow-up international conference a chased insurance policies from subsidi- decade after the Washington Conference on aries of Western European companies I support your efforts to secure property Holocaust-Era Assets, for governments and restitution in Eastern Europe for Holocaust non-governmental organizations, which whose assets were taken by the com- Survivors. would— munist governments that came into With my family, I was expelled from our (A) address the issues of restitution of or power, or by Eastern European compa- apartment in Lodz, Poland on December 11, compensation for real property, personal nies that were nationalized. Unfortu- 1939. We were allowed to take with us only 3 property (including art and cultural prop- nately, the Eastern European countries rucksacks and all our material belongings erty), and financial assets wrongly con- neither participated in ICHEIC nor had to be left behind. These included a newly fiscated by the Nazis and their allies or col- contributed to any of the insurance built apartment block with 10 luxury flats, a laborators and the subsequent wrongful compensation efforts that have taken textile factory employing over 100 people and confiscations by communist regimes; and magazines full of finished fabrics. (B) review issues related to the opening of place. ICHEIC nonetheless paid claims My mother and I survived the Warsaw archives and the work of historical commis- on those Eastern European policies ghetto, my father was killed by the Germans sions, review progress made, and focus on the from out of the humanitarian funds in December 1944 and we returned to Lodz next steps required on these issues. that were contributed by the ICHEIC after liberation by the Russians in early 1945.

VerDate Aug 31 2005 05:53 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00124 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.119 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6297 Our factory and our apartment belonged now issue, and in furthering the cause of Whereas playing with a torn ligament in to the Polish authorities. We left Poland justice for Holocaust victims. his left thumb, right fielder Steve Detwiler soon afterwards. I recognize that this issue is complex. had 4 hits in 4 at-bats, including 2 home runs After the collapse of the Iron Curtain and It is a matter of enacting legislation and 6 runs batted in, during the champion- the communist regime, I tried [to] get our for restitution in countries that do not ship game; possessions back without success, my appeal Whereas Justin Wilson, the winning pitch- having been dismissed by the Polish High yet have it, and using the existing leg- er, pitching on just 3 days rest, was able to Court. No compensation was offered. islation in those that do. Our resolu- pitch 129 pitches, 86 of which were strikes We hope our resolution we are intro- tion calls for such action. It also calls over 8 strong innings, allowing just 5 hits, 1 ducing today will spur our own govern- for a second conference on Holocaust run, and striking out 9 batters; ment and governments in Eastern Eu- restitution to be held in Europe next Whereas Tommy Mendonca, third baseman rope into action and call attention to year, more than a decade after the for the 2008 NCAA College World Series first. These steps would represent champion Fresno State Bulldogs, was named this important unfinished business. the ‘‘Most Outstanding Player’’, tying the Justice and memory demand nothing meaningful action on an issue which has gone unaddressed for far too long. College World Series record with 4 home less. runs; I ask unanimous consent that this I also recognize that most of the countries in question have different Whereas the Fresno State Bulldogs have 5 statement be placed in the appropriate players on the 2008 NCAA College World Se- governments than they did during the place in the RECORD and ask that the ries all-tournament team, including third text of the resolution be printed in the Nazi and Communist eras. As a result, baseman Tommy Mendonca, second baseman I believe that the restitution process RECORD. Erik Wetzel, outfielder Steve Susdorf, out- Mr. SMITH. Mr. President, I rise can be achieved in a positive spirit of fielder Steve Detwiler, and pitcher Justin today to submit a resolution with my cooperation with our European allies. Wilson; I thus sincerely hope that these Eu- Whereas the Fresno State Bulldogs have friend and colleague, the senior Sen- ropean friends will work with us to re- shown great character, comradery, resil- ator from Florida, urging the restitu- solve some of the last loose ends of the ience, and sportsmanship on the way to win- tion of property looted from victims of Nazis’ crimes; and so do our own small ning the national championship; the Holocaust. part to make redress for the inaction of Whereas the fellow students, families, Though it was inflicted over 60 years those who came before. alumni, faculty, and fans of the Fresno State ago, the persecution of Europe’s Jews Bulldogs have been a great part of this still defies belief. Never before in his- f championship, showing great support with tory had a nation committed the scope SENATE RESOLUTION 604—CON- many individuals wearing ‘‘Underdogs to and breadth of the Holocaust’s crimes GRATULATING THE CALIFORNIA Wonderdogs’’ t-shirts; and Whereas the Fresno State Bulldogs have against its own citizens, some of whom STATE UNIVERSITY, FRESNO instilled within the City of Fresno and the were even decorated German veterans BULLDOGS BASEBALL TEAM FOR State of California great pride and excite- of WWI. Never before had a state policy WINNING THE 2008 NATIONAL ment: Now, therefore, be it of atrocity encompassed such a horri- COLLEGIATE ATHLETICS ASSO- Resolved, That the Senate— fying thoroughness as it did during CIATION DIVISION I COLLEGE (1) congratulates the California State Uni- those terrible years of Nazi rule. WORLD SERIES versity Fresno Bulldogs baseball team for winning the 2008 National Collegiate Ath- Crimes against the Jews took all Mrs. BOXER (for herself and Mrs. forms—from genocide to theft—and for letics Association Division I College World FEINSTEIN) submitted the following res- Series; and those who survived, the scars remain olution; which was considered and (2) recognizes the achievements of the today. agreed to: players, coaches, students, and staff whose There are many of us now who look S. RES. 604 hard work and dedication made winning the back, and wonder how the civilized Whereas on June 25, 2008, the student ath- championship possible. world could have stood by, and let this letes of the California State University, f thing happen; but we are not wholly Fresno Bulldogs baseball team, in the sixth without responsibility ourselves. Many elimination game faced by the Fresno State SENATE RESOLUTION 605—COM- of the victims of the Holocaust still Bulldogs, finished a true Cinderella story MEMORATING THE 60TH ANNI- seek property which was stolen from season, winning the 2008 National Collegiate VERSARY OF THE BERLIN AIR- them during the years of Nazi and Athletics Association Division I College LIFT AND HONORING THE VET- Nazi-allied rule in Germany and East- World Series Championship (referred to in this preamble as the ‘‘2008 NCAA College ERANS OF OPERATION VITTLES ern Europe. For these survivors and World Series’’) by defeating the University of Mr. DEMINT (for himself and Mr. their kin, the persecution of the Jews Georgia Bulldogs, 2 games to 1, in a best-of- BAYH) submitted the following resolu- is not a 60-year-old horror story in a 3 championship; tion; which was considered and agreed history textbook, but a constant strug- Whereas the 2008 NCAA College World Se- to: gle to extract justice from those who ries is the second championship for the Cali- would prefer to forget. While some fornia State University; S. RES. 605 countries have taken active steps to Whereas the Fresno State Bulldogs are the Whereas in spring of 1948 Berlin was iso- recompense victims of the wholesale lowest-seeded team in college sports history lated within the Soviet occupation zone and to win a championship; had only 35 days’ worth of food and 45 days’ Nazi confiscation, others have not. Whereas the Fresno State Bulldogs won 6 worth of coal remaining for the city; I am proud to have been engaged in elimination games to win the 2008 NCAA Col- Whereas military planners in the United this issue throughout my tenure in the lege World Series, which is a testament to States and the United Kingdom determined Senate, serving in 1999 as a Commis- the resilience, fortitude, and ‘‘never say die’’ that 1,534 tons of flour, wheat, fish, milk, and sioner on the Presidential Advisory attitude of the team; other food items would be required daily to Commission on Holocaust Assets in the Whereas the Fresno State Bulldogs beat feed the 2,000,000 residents of Berlin; United States. I also introduced with number 3-ranked Arizona State University, Whereas military planners determined Senator CLINTON the Holocaust Vic- number 6-ranked Rice University, number 2- that 3,475 tons of coal and gasoline would be tims Assets, Restitution Policy, and ranked University of North Carolina, and required daily to keep the city of Berlin number 8-ranked University of Georgia to heated and powered; Remembrance Act in 2001 and again in win the 2008 NCAA College World Series; Whereas, on June 1, 1948, the United States 2003. This legislation aimed to estab- Whereas the Fresno State Bulldogs tied Air Force created the Military Air Transport lish a Foundation to research Holo- the record of most runs, 62, in the College Service, the predecessor to Air Mobility caust-era property restitution, and pro- World Series; Command, to organize and conduct airlift mote innovative solutions restitution Whereas the Fresno State Bulldogs elimi- missions; issues. I am confident that my resolu- nation game, a 19-10 win against Georgia just Whereas, on June 26, 1948, ‘‘Operation tion introduced today will help estab- 1 day earlier, produced College World Series Vittles’’ began when 32 United States Air lish a follow-up conference to the pre- records for most runs in a game by 1 team, Force C-47 Dakotas departed West Germany most combined runs, most hits by 1 team, for Berlin hauling 80 tons of cargo, and the vious Holocaust restitution conference most combined hits, and longest game; first British aircraft launched on June 28, in 1998. I would further like to thank Whereas the Fresno State Bulldogs played 1948; the Claims Conference for all the great 78 games this year, more than any other Whereas Major General William H. Tunner, work they’ve done with us on this team in the United States; a veteran of the aerial supply line over the

VerDate Aug 31 2005 05:53 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00125 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.122 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6298 CONGRESSIONAL RECORD — SENATE June 26, 2008 Himalayas in World War II, took command independent and collective actions of private posed by him to the bill H.R. 6304, to amend of ‘‘Operation Vittles’’ on July 28, 1948; citizens and organizations; the Foreign Intelligence Surveillance Act of Whereas Major General Tunner pioneered Whereas establishing a housing infrastruc- 1978 to establish a procedure for authorizing many new and innovative tactics and proce- ture strengthens neighborhoods and local certain acquisitions of foreign intelligence, dures for the airlift, including the creation economies and nurtures the families who re- and for other purposes; which was ordered to of air corridors for ingress and egress, stag- side in them; lie on the table. gering altitudes of the aircraft, and imple- Whereas an integral element of a strong SA 5061. Ms. SNOWE (for herself, Mr. menting instrument flight rules which al- community is a sufficient supply of afford- WHITEHOUSE, Mr. VITTER, Mr. SUNUNU, Mr. lowed aircraft to land as frequently as every able housing; CARDIN, Ms. LANDRIEU, Ms. COLLINS, Mr. 3 minutes; Whereas affordable housing may be pro- KENNEDY, and Mr. REED) submitted an Whereas one pilot, 1st Lieutenant Gail S. vided in many forms, including apartment amendment intended to be proposed by her Halvorsen, who became known as the ‘‘Candy buildings, transitional and temporary to the bill H.R. 2642, making appropriations Bomber’’, initiated ‘‘Operation Little homes, condominiums, cooperatives, and sin- for military construction, the Department of Vittles’’ to bring hope to the children of Ber- gle family homes; Veterans Affairs, and related agencies for lin, by dropping handkerchief parachutes Whereas, for many families, a home is not the fiscal year ending September 30, 2008, and containing chocolate and chewing gum as a merely shelter, but also provides an oppor- for other purposes; which was ordered to lie symbol of American goodwill, ultimately re- tunity for growth, prosperity, and security; on the table. sulting in more than 3 tons of candy being Whereas homeownership spurs the produc- SA 5062. Mr. CARPER submitted an amend- dropped in more than 250,000 miniature para- tion and sale of goods and services, generates ment intended to be proposed by him to the chutes; new jobs, encourages savings and invest- bill H.R. 2642, supra; which was ordered to lie Whereas, on Easter Sunday, April 17, 1949, ment, promotes economic and civic responsi- on the table. airlifters reached the pinnacle of ‘‘Operation bility, and enhances the financial security of Vittles’’ by delivering 13,000 tons of cargo, all people in the United States; SA 5063. Mr. SMITH (for himself, Mr. BAYH, including the equivalent of 600 railroad cars Whereas, although the United States is the and Mr. NELSON, of Florida) submitted an full of coal, setting the single day record for first nation in the world to make owning a amendment intended to be proposed by him the Berlin Airlift; home a reality for a vast majority of fami- to the bill S. 3001, to authorize appropriations for fiscal year 2009 for military activi- Whereas 39 British and 31 American airmen lies, 1⁄3 of homeowners in the United States made the ultimate sacrifice during the Ber- are severely cost-burdened homeowners; ties of the Department of Defense, for mili- lin Airlift, and 8 British and 17 American air- Whereas Habitat for Humanity is able to tary construction, and for defense activities craft were lost; sell homes to working families at 30 percent of the Department of Energy, to prescribe Whereas airlifters delivered more than to 60 percent of median income; military personnel strengths for such fiscal 2,300,000 tons of food and supplies on 278,228 Whereas the community-building activi- year, and for other purposes; which was or- total flights into Berlin; ties of neighborhood-based nonprofit organi- dered to lie on the table. Whereas the Soviet Union was forced to zations empower individuals to improve SA 5064. Mr. DODD (for himself, Mr. FEIN- lift the blockade in light of the success of their lives and make communities safer and GOLD, Mr. LEAHY, Mr. REID, Mr. HARKIN, Mrs. the 15-month airlift operation; healthier for families; BOXER, Mr. SANDERS, Mr. WYDEN, Mr. KEN- Whereas the Berlin Airlift marked the first Whereas one of the best known nonprofit NEDY, and Mr. DURBIN) submitted an amend- use of airpower to provide hope and humani- housing organizations is Habitat for Human- ment intended to be proposed by him to the tarian assistance, and to win a strategic vic- ity, which builds simple but adequate hous- bill H.R. 6304, to amend the Foreign Intel- tory against enemy aggression and intimida- ing for less fortunate families and symbol- ligence Surveillance Act of 1978 to establish tion; izes the self-help approach to homeowner- a procedure for authorizing certain acquisi- Whereas the enormous effort and coopera- ship; tions of foreign intelligence, and for other tion of the Berlin Airlift laid the foundation Whereas studies show that homeownership purposes; which was ordered to lie on the for a deep and lasting friendship between the has a positive impact on the lives of family table. people of the United States and the people of members, including improved physical and Germany; and mental health; f Whereas, today, air mobility continues to Whereas Habitat for Humanity is organized play a vital role in United States foreign pol- in all 50 States and the District of Columbia; icy by helping to advance freedom and al- Whereas Habitat for Humanity has built TEXT OF AMENDMENTS leviate suffering around the world: Now, over 275,000 houses worldwide and endeavors SA 5060. Mr. WHITEHOUSE (for him- therefore, be it to complete another 100,000 homes by the end self, Mrs. FEINSTEIN, and Mr. NELSON of Resolved, That Congress— of 2009; (1) recognizes the 60th anniversary of the Whereas Habitat for Humanity provides Florida) submitted an amendment in- Berlin Airlift as the largest and longest run- opportunities for people from every segment tended to be proposed by him to the ning humanitarian airlift operation in his- of society to volunteer to help make the bill H.R. 6304, to amend the Foreign In- tory; American dream a reality for families who telligence Surveillance Act of 1978 to (2) honors the service and sacrifice of the otherwise would not own a home; and establish a procedure for authorizing men and women who participated in and sup- Whereas June has been designated Na- certain acquisitions of foreign intel- ported the Berlin Airlift; tional Homeownership Month: Now, there- ligence, and for other purposes; which (3) commends the close friendship forged fore, be it between the American, British, and German Resolved by the Senate (the House of Rep- was ordered to lie on the table; as fol- people through the Berlin Airlift; and resentatives concurring), That it is the sense lows: (4) applauds the men and women of the of Congress that— On page 90, strike line 13, and insert the United States Air Force’s Air Mobility Com- (1) everyone in the United States should following: mand, who, in the best traditions of the Ber- have a decent home in which to live; ‘‘(ii) determined to be lawful; and lin Airlift, still work diligently to provide (2) Members of the Senate and the House of ‘‘(C) provided based on the good faith and hope, save lives, and deliver freedom around Representatives should demonstrate the im- reasonable belief of the electronic commu- the world in support of the United States’s portance of volunteerism; nication service provider that compliance foreign policy objectives. (3) during the 110th, 111th, and 112th Con- with a written request or directive described f gresses, Members of the Senate and the in subparagraph (B) was lawful; or House of Representatives are encouraged to SENATE CONCURRENT RESOLU- participate in Congress Building America, a TION 92—RECOGNIZING THE IM- program in which congressional delegations SA 5061. Ms. SNOWE (for herself, Mr. PORTANCE OF HOMEOWNERSHIP work with Habitat for Humanity affiliates to WHITEHOUSE, Mr. VITTER, Mr. SUNUNU, FOR AMERICANS build homes in their districts and States; Mr. CARDIN, Ms. LANDRIEU, Ms. COL- and LINS, Mr. KENNEDY, and Mr. REED) sub- Mr. JOHNSON (for himself and Mr. (4) these occasions should be used to em- mitted an amendment intended to be THUNE) submitted the following con- phasize and focus on the importance of pro- proposed by her to the bill H.R. 2642, current resolution; which was referred viding decent homes for all of the people in making appropriations for military to the Committee on Banking, Hous- the United States. construction, the Department of Vet- ing, and Urban Affairs: f erans Affairs, and related agencies for S. CON. RES. 92 AMENDMENTS SUBMITTED AND the fiscal year ending September 30, Whereas the United States promotes and 2008, and for other purposes; which was encourages the creation and revitalization of PROPOSED sustainable and strong neighborhoods in SA 5060. Mr. WHITEHOUSE (for himself, ordered to lie on the table; as follows: partnership with States, cities, and local Mrs. FEINSTEIN, and Mr. NELSON, of Florida) At the appropriate place, insert the fol- communities and in conjunction with the submitted an amendment intended to be pro- lowing:

VerDate Aug 31 2005 05:53 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00126 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.117 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6299 NATIONAL OCEANIC AND ATMOSPHERIC proposed by him to the bill S. 3001, to under the jurisdiction of the Secretary, ADMINISTRATION authorize appropriations for fiscal year and for other purposes; S. 2974, to pro- OPERATIONS, RESEARCH, AND FACILITIES 2009 for military activities of the De- vide for the construction of the Arkan- For an additional amount for Operations, partment of Defense, for military con- sas Valley Conduit in the State of Col- Research, and Facilities for necessary ex- struction, and for defense activities of orado; H.R. 3323, to authorize the Sec- penses related to economic impacts associ- the Department of Energy, to prescribe retary of the Interior to convey a ated with commercial fishery failures, fish- military personnel strengths for such water distribution system to the ery resource disasters, and regulations on commercial fishing industries, $75,000,000, to fiscal year, and for other purposes; Goleta Water District, and for other remain available until September 30, 2009. which was ordered to lie on the table; purposes.; and S. 3189, to amend Public as follows: Law 106–392 to require the Adminis- SA 5062. Mr. CARPER submitted an At the end of subtitle C of title VI, add the trator of the Western Area Power Ad- amendment intended to be proposed by following: ministration and the Commissioner of him to the bill H.R. 2642, making ap- SEC. 634. TRAVEL AND TRANSPORTATION OF Reclamation to maintain sufficient FAMILY MEMBERS INCIDENT TO SE- propriations for military construction, RIOUS MENTAL DISORDERS OF MEM- revenues in the Upper Colorado River the Department of Veterans Affairs, BERS OF THE UNIFORMED SERV- Basin Fund, and for other purposes. and related agencies for the fiscal year ICES. Because of the limited time available ending September 30, 2008, and for (a) IN GENERAL.—Subsection (a)(2)(B)(i) of for the hearing, witnesses may testify other purposes; which was ordered to section 411h of title 37, United States Code, by invitation only. However, those is amended by inserting ‘‘(including having a wishing to submit written testimony lie on the table; as follows: serious mental disorder)’’ after ‘‘seriously in- At the appropriate place, insert the fol- jured’’. for the hearing record should send it to lowing: (b) SERIOUS MENTAL DISORDER DEFINED.— the Committee on Energy and Natural TITLE ll—GI BILL FINANCING Subsection (b) of such section is amended by Resources, United States Senate, PROVISION adding at the end the following new para- Washington, DC 20510–6150, or by e-mail SEC. lll. GI BILL FINANCING PROVISION. graph: to [email protected] ‘‘(4)(A) In this section, the term ‘serious (a) IN GENERAL.—Part I of subchapter A of .gov. chapter 1 of the Internal Revenue Code of mental disorder’, in the case of a member, For further information, please con- 1986 is amended by inserting after section 1 means that the member has been diagnosed tact Michael Connor at (202) 224–5479 or the following new section: with a mental disorder that requires intensive mental health treatment or hospitaliza- Gina Weinstock at (202) 224–5684. ‘‘SEC. 1A. INCREASE IN TAX ON HIGH INCOME IN- f DIVIDUALS TO FINANCE THE GI tion. BILL. ‘‘(B) The circumstances in which a member AUTHORITY FOR COMMITTEES TO shall be considered to have a serious mental ‘‘(a) GENERAL RULE.—In the case of a tax- MEET payer other than a corporation, there is disorder for purposes of this section shall in- hereby imposed (in addition to any other tax clude, but not be limited to, the following: COMMITTEE ON ARMED SERVICES imposed by this subtitle) a tax equal to 0.47 ‘‘(i) The member is considered to be a po- Mr. ROCKEFELLER. Mr. President, I percent of so much of modified adjusted tential danger to self or others as a result of ask unanimous consent that the Com- gross income as exceeds $500,000 ($1,000,000 in a diagnosed mental disorder that requires in- mittee on Armed Services be author- tensive mental health treatment or hos- the case of a joint return or a surviving ized to meet during the session of the spouse (as defined in section 2(a)). pitalization. ‘‘(ii) The member is diagnosed with a men- Senate on Thursday, June 26, 2008, at ‘‘(b) MODIFIED ADJUSTED GROSS INCOME.— 9:30 a.m. For purposes of this section, the term ‘modi- tal disorder and has psychotic symptoms fied adjusted gross income’ means adjusted that require intensive mental health treat- The PRESIDING OFFICER. Without gross income reduced by any deduction al- ment or hospitalization. objection, it is so ordered. lowed for investment interest (as defined in ‘‘(iii) The member is diagnosed with a men- COMMITTEE ON FINANCE section 163(d)). In the case of an estate or tal disorder and has severe symptoms or se- Mr. ROCKEFELLER. Mr. President, I trust, a rule similar to the rule of section vere impairment in functioning that require ask unanimous consent that the Com- 67(e) shall apply for purposes of determining intensive mental health treatment or hospitalization.’’. mittee on Finance be authorized to adjusted gross income for purposes of this meet during the session of the Senate section. on Thursday, June 26, 2008, at 10 a.m., ‘‘(c) NONRESIDENT ALIEN.—In the case of a SA 5064. Mr. DODD (for himself, Mr. nonresident alien individual, only amounts FEINGOLD, Mr. LEAHY, Mr. REID, Mr. in room 215 of the Dirksen Senate Of- taken into account in connection with the HARKIN, Mrs. BOXER, Mr. SANDERS, Mr. fice Building. tax imposed by section 871(b) shall be taken WYDEN, Mr. KENNEDY, and Mr. DURBIN) The PRESIDING OFFICER. Without into account under this section. submitted an amendment intended to objection, it is so ordered. ‘‘(d) MARITAL STATUS.—For purposes of be proposed by him to the bill H.R. COMMITTEE ON HEALTH, EDUCATION, LABOR, this section, marital status shall be deter- 6304, to amend the Foreign Intelligence AND PENSIONS mined under section 7703. Mr. ROCKEFELLER. Mr. President, I ‘‘(e) NOT TREATED AS TAX IMPOSED BY THIS Surveillance Act of 1978 to establish a ask unanimous consent that the Com- CHAPTER FOR CERTAIN PURPOSES.—The tax procedure for authorizing certain ac- imposed under this section shall not be quisitions of foreign intelligence, and mittee on Health, Education, Labor, treated as tax imposed by this chapter for for other purposes; which was ordered and Pensions be authorized to meet, purposes of determining the amount of any to lie on the table; as follows: during the session of the Senate, to credit under this chapter or for purposes of f conduct a hearing entitled ‘‘Protecting section 55.’’. Children, Strengthening Families: Re- (b) CLERICAL AMENDMENT.—The table of NOTICE OF HEARING authorizing CAPTA’’ on Thursday, sections for part I of subchapter A of chapter COMMITTEE ON ENERGY AND NATURAL June 26, 2008. The hearing will com- 1 of such Code is amended by inserting after RESOURCES the item relating to section 1 the following mence at 2:30 p.m. in room 430 of the new item: Mr. BINGAMAN. Mr. President, I Dirksen Senate Office Building. ‘‘Sec. 1A. Increase in tax on high income in- would like to announce for the infor- The PRESIDING OFFICER. Without dividuals to finance the GI mation of the Senate and the public objection, it is so ordered. bill.’’. that a hearing has been scheduled be- COMMITTEE ON HOMELAND SECURITY AND (c) EFFECTIVE DATE.—The amendments fore the Subcommittee on Water and GOVERNMENTAL AFFAIRS made by this section shall apply to taxable Power. The hearing will be held on Mr. ROCKEFELLER. Mr. President, I years beginning after December 31, 2008. Tuesday, July 8, 2008, at 2:30 p.m., in ask unanimous consent that the Com- (d) SECTION 15 NOT TO APPLY.—The amend- room SD–366 of the Dirksen Senate Of- mittee on Homeland Security and Gov- ment made by subsection (a) shall not be fice Building in Washington, DC. ernmental Affairs be authorized to treated as a change in a rate of tax for purposes of section 15 of the Internal Revenue The purpose of the hearing is to re- meet during the session of the Senate Code of 1986. ceive testimony on the following bills: on Thursday, June 26, 2008, at 10 a.m. S. 2842, to require the Secretary of the to conduct a hearing entitled ‘‘Nuclear SA 5063. Mr. SMITH (for himself, Mr. Interior to carry out annual inspec- Terrorism: Providing Medical Care and BAYH, and Mr. NELSON of Florida) sub- tions of canals, levees, tunnels, dikes, Meeting Basic Needs in the After- mitted an amendment intended to be pumping plants, dams, and reservoirs math—the Federal Response.’’

VerDate Aug 31 2005 06:50 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00127 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.124 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6300 CONGRESSIONAL RECORD — SENATE June 26, 2008 The PRESIDING OFFICER. Without SEC. 2. DEFINITIONS. (1) who is a Federal law enforcement officer objection, it is so ordered. In this Act: working within the agency of the Federal agen- (1) FEDERAL AGENCY HEAD.—The term ‘‘Fed- cy head making the nomination; and COMMITTEE ON INDIAN AFFAIRS eral agency head’’ means the head of any exec- (2) who— Mr. ROCKEFELLER. Mr. President, I utive, legislative, or judicial branch Government (A)(i) sustained a physical injury while— ask unanimous consent that the Com- entity that employs Federal law enforcement of- (I) engaged in the lawful duties of the indi- mittee on Indian Affairs be authorized ficers. vidual; and to meet during the session of the Sen- (2) FEDERAL BOARD.—The term ‘‘Federal (II) performing an act characterized as brav- ate on Thursday, June 26, at 9:30 a.m. Board’’ means the Federal Law Enforcement ery by the Federal agency head making the Congressional Badge of Bravery Board estab- in room 562 of the Dirksen Senate Of- nomination; and lished under section 103(a). (ii) put the individual at personal risk when fice Building. (3) FEDERAL BOARD MEMBERS.—The term the injury described in clause (i) occurred; or The PRESIDING OFFICER. Without ‘‘Federal Board members’’ means the members of (B) while not injured, performed an act char- objection, it is so ordered. the Federal Board appointed under section acterized as bravery by the Federal agency head COMMITTEE ON THE JUDICIARY 103(c). making the nomination that placed the indi- (4) FEDERAL LAW ENFORCEMENT BADGE.—The vidual at risk of serious physical injury or Mr. ROCKEFELLER. Mr. President, I term ‘‘Federal Law Enforcement Badge’’ means death. ask unanimous consent that the Sen- the Federal Law Enforcement Congressional (b) CONTENTS.—A nomination under sub- ate Committee on the Judiciary be au- Badge of Bravery described in section 101. section (a) shall include— (5) FEDERAL LAW ENFORCEMENT OFFICER.— thorized to meet during the session of (1) a written narrative, of not more than 2 the Senate, to conduct an executive The term ‘‘Federal law enforcement officer’’— (A) means a Federal employee— pages, describing the circumstances under which business meeting on Thursday, June 26, (i) who has statutory authority to make ar- the nominee performed the act of bravery de- 2008, at 10 a.m. in room SD–226 of the rests or apprehensions; scribed in subsection (a) and how the cir- Dirksen Senate Office Building. (ii) who is authorized by the agency of the cumstances meet the criteria described in such The PRESIDING OFFICER. without employee to carry firearms; and subsection; objection, it is so ordered. (iii) whose duties are primarily— (2) the full name of the nominee; (I) engagement in or supervision of the pre- (3) the home mailing address of the nominee; COMMITTEE ON VETERANS’ AFFAIRS vention, detection, investigation, or prosecution (4) the agency in which the nominee served on Mr. ROCKEFELLER. Mr. President, I of, or the incarceration of any person for, any the date when such nominee performed the act ask unanimous consent for the Com- violation of law; or of bravery described in subsection (a); mittee on Veterans’ Affairs to be au- (II) the protection of Federal, State, local, or (5) the occupational title and grade or rank of thorized to meet during the session of foreign government officials against threats to the nominee; personal safety; and (6) the field office address of the nominee on the Senate on Thursday, June 26. The (B) includes a law enforcement officer em- Committee will meet in room 418 of the the date when such nominee performed the act ployed by the Amtrak Police Department or Fed- of bravery described in subsection (a); and Russell Senate Office Building, at 9:30 eral Reserve. (7) the number of years of Government service a.m. (6) OFFICE.—The term ‘‘Office’’ means the by the nominee as of the date when such nomi- The PRESIDING OFFICER. Without Congressional Badge of Bravery Office estab- nee performed the act of bravery described in objection, it is so ordered. lished under section 301(a). subsection (a). (7) STATE AND LOCAL BOARD.—The term ‘‘State SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- (c) SUBMISSION DEADLINE.—A Federal agency and Local Board’’ means the State and Local head shall submit each nomination under sub- AGEMENT, GOVERNMENT INFORMATION, FED- Law Enforcement Congressional Badge of Brav- section (a) to the Office not later than February ERAL SERVICES, AND INTERNATIONAL SECU- ery Board established under section 203(a). 15 of the year following the date on which the RITY (8) STATE AND LOCAL BOARD MEMBERS.—The Mr. ROCKEFELLER. Mr. President, I term ‘‘State and Local Board members’’ means nominee performed the act of bravery described in subsection (a). ask unanimous consent that the Com- the members of the State and Local Board ap- mittee on Homeland Security and Gov- pointed under section 203(c). SEC. 103. FEDERAL LAW ENFORCEMENT CON- (9) STATE AND LOCAL LAW ENFORCEMENT GRESSIONAL BADGE OF BRAVERY ernmental Affairs’ Subcommittee on BOARD. BADGE.—The term ‘‘State and Local Law En- Federal Financial Management, Gov- forcement Badge’’ means the State and Local (a) ESTABLISHMENT.—There is established ernment Information, Federal Serv- Law Enforcement Congressional Badge of Brav- within the Department of Justice a Federal Law ices, and International Security be au- ery described in section 201. Enforcement Congressional Badge of Bravery thorized to meet during the session of (10) STATE OR LOCAL AGENCY HEAD.—The term Board. ‘‘State or local agency head’’ means the head of (b) DUTIES.—The Federal Board shall do the the Senate on Thursday, June 26, 2008, following: at 2:30 p.m. to conduct a hearing enti- any executive, legislative, or judicial branch entity of a State or local government that employs (1) Design the Federal Law Enforcement tled, ‘‘In the Red: Addressing the Na- State or local law enforcement officers. Badge with appropriate ribbons and appur- tion’s Financial Challenges’’. (11) STATE OR LOCAL LAW ENFORCEMENT OFFI- tenances. The PRESIDING OFFICER. Without CER.—The term ‘‘State or local law enforcement (2) Select an engraver to produce each Federal objection, it is so ordered. officer’’ means an employee of a State or local Law Enforcement Badge. (3) Recommend recipients of the Federal Law f government— (A) who has statutory authority to make ar- Enforcement Badge from among those nomina- FEDERAL LAW ENFORCEMENT rests or apprehensions; tions timely submitted to the Office. CONGRESSIONAL BADGE OF (B) who is authorized by the agency of the (4) Annually present to the Attorney General BRAVERY ACT OF 2007 employee to carry firearms; and the names of Federal law enforcement officers (C) whose duties are primarily— who the Federal Board recommends as Federal Mr. DODD. Mr. President, I ask unan- (i) engagement in or supervision of the pre- Law Enforcement Badge recipients in accord- imous consent that the Senate proceed vention, detection, investigation, or prosecution ance with the criteria described in section to the immediate consideration of Cal- of, or the incarceration of any person for, any 102(a). endar No. 833, S. 2565. violation of law; or (5) After approval by the Attorney General— (ii) the protection of Federal, State, local, or (A) procure the Federal Law Enforcement The PRESIDING OFFICER. The foreign government officials against threats to clerk will state the bill by title. Badges from the engraver selected under para- personal safety. graph (2); The legislative clerk read as follows: TITLE I—FEDERAL LAW ENFORCEMENT (B) send a letter announcing the award of A bill (S. 2565) to establish an awards CONGRESSIONAL BADGE OF BRAVERY each Federal Law Enforcement Badge to the mechanism to honor exceptional acts of SEC. 101. AUTHORIZATION OF A BADGE. Federal agency head who nominated the recipi- bravery in the line of duty by Federal, State, The Attorney General may award, and a ent of such Federal Law Enforcement Badge; and Local law enforcement officers. Member of Congress or the Attorney General (C) send a letter to each Member of Congress There being no objection, the Senate may present, in the name of Congress a Federal representing the congressional district where the proceeded to consider the bill, which Law Enforcement Congressional Badge of Brav- recipient of each Federal Law Enforcement had been reported from the Committee ery to a Federal law enforcement officer who is Badge resides to offer such Member an oppor- cited by the Attorney General, upon the recon the Judiciary, with an amendment tunity to present such Federal Law Enforcement ommendation of the Federal Board, for per- Badge; and to strike all after the enacting clause forming an act of bravery while in the line of (D) make or facilitate arrangements for pre- and insert in lieu thereof the following: duty. senting each Federal Law Enforcement Badge SECTION 1. SHORT TITLE. SEC. 102. NOMINATIONS. in accordance with section 104. This Act may be cited as the ‘‘Law Enforce- (a) IN GENERAL.—A Federal agency head may (6) Set an annual timetable for fulfilling the ment Congressional Badge of Bravery Act of nominate for a Federal Law Enforcement Badge duties described in this subsection. 2008’’. an individual— (c) MEMBERSHIP.—

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(1) NUMBER AND APPOINTMENT.—The Federal lent of the annual rate of basic pay prescribed scribed in subsection (a) and how the cir- Board shall be composed of 7 members appointed for level IV of the Executive Schedule under sec- cumstances meet the criteria described in such as follows: tion 5315 of title 5, United States Code, for each subsection; (A) One member jointly appointed by the ma- day (including travel time) during which such (2) the full name of the nominee; jority leader and minority leader of the Senate. Federal Board member is engaged in the per- (3) the home mailing address of the nominee; (B) One member jointly appointed by the formance of the duties of the Federal Board. (4) the agency in which the nominee served on Speaker and minority leader of the House of (2) PROHIBITION OF COMPENSATION FOR GOV- the date when such nominee performed the act Representatives. ERNMENT EMPLOYEES.—Federal Board members of bravery described in subsection (a); (C) One member from the Department of Jus- who serve as officers or employees of the Federal (5) the occupational title and grade or rank of tice appointed by the Attorney General. Government or a State or a local government the nominee; (D) Two members of the Federal Law Enforce- may not receive additional pay, allowances, or (6) the field office address of the nominee on ment Officers Association appointed by the Ex- benefits by reason of their service on the Federal the date when such nominee performed the act ecutive Board of the Federal Law Enforcement Board. of bravery described in subsection (a); and Officers Association. (3) TRAVEL EXPENSES.—Each Federal Board (7) the number of years of government service (E) Two members of the Fraternal Order of member shall receive travel expenses, including by the nominee as of the date when such nomi- Police appointed by the Executive Board of the per diem in lieu of subsistence, in accordance nee performed the act of bravery described in Fraternal Order of Police. with applicable provisions under subchapter I of subsection (a). (2) LIMITATION.—Not more than— chapter 57 of title 5, United States Code. (c) SUBMISSION DEADLINE.—A State or local agency head shall submit each nomination (A) 2 Federal Board members may be members SEC. 104. PRESENTATION OF FEDERAL LAW EN- of the Federal Law Enforcement Officers Asso- FORCEMENT BADGES. under subsection (a) to the Office not later than February 15 of the year following the date on ciation; and (a) PRESENTATION BY MEMBER OF CON- which the nominee performed the act of bravery (B) 2 Federal Board members may be members GRESS.—A Member of Congress may present a of the Fraternal Order of Police. Federal Law Enforcement Badge to any Federal described in subsection (a). (3) QUALIFICATIONS.—Federal Board members Law Enforcement Badge recipient who resides SEC. 203. STATE AND LOCAL LAW ENFORCEMENT shall be individuals with knowledge or exper- in such Member’s congressional district. If both CONGRESSIONAL BADGE OF BRAV- ERY BOARD. tise, whether by experience or training, in the a Senator and Representative choose to present (a) ESTABLISHMENT.—There is established field of Federal law enforcement. a Federal Law Enforcement Badge, such Sen- within the Department of Justice a State and (4) TERMS AND VACANCIES.—Each Federal ator and Representative shall make a joint pres- Local Law Enforcement Congressional Badge of Board member shall be appointed for 2 years entation. Bravery Board. and may be reappointed. A vacancy in the Fed- (b) PRESENTATION BY ATTORNEY GENERAL.—If (b) DUTIES.—The State and Local Board shall eral Board shall not affect the powers of the no Member of Congress chooses to present the Federal Board and shall be filled in the same do the following: Federal Law Enforcement Badge as described in (1) Design the State and Local Law Enforce- manner as the original appointment. subsection (a), the Attorney General, or a des- (d) OPERATIONS.— ment Badge with appropriate ribbons and ap- ignee of the Attorney General, shall present purtenances. (1) CHAIRPERSON.—The Chairperson of the such Federal Law Enforcement Badge. Federal Board shall be a Federal Board member (2) Select an engraver to produce each State (c) PRESENTATION ARRANGEMENTS.—The office and Local Law Enforcement Badge. elected by a majority of the Federal Board. of the Member of Congress presenting each Fed- (2) MEETINGS.—The Federal Board shall con- (3) Recommend recipients of the State and eral Law Enforcement Badge may make ar- Local Law Enforcement Badge from among duct its first meeting not later than 90 days rangements for the presentation of such Federal after the appointment of a majority of Federal those nominations timely submitted to the Of- Law Enforcement Badge, and if a Senator and fice. Board members. Thereafter, the Federal Board Representative choose to participate jointly as shall meet at the call of the Chairperson, or in (4) Annually present to the Attorney General described in subsection (a), the Members shall the names of State or local law enforcement offi- the case of a vacancy of the position of Chair- make joint arrangements. The Federal Board person, at the call of the Attorney General. cers who the State and Local Board recommends shall facilitate any such presentation arrange- as State and Local Law Enforcement Badge re- (3) VOTING AND RULES.—A majority of Federal ments as requested by the congressional office Board members shall constitute a quorum to cipients in accordance with the criteria de- presenting the Federal Law Enforcement Badge scribed in section 202(a). conduct business, but the Federal Board may es- and shall make arrangements in cases not un- tablish a lesser quorum for conducting hearings (5) After approval by the Attorney General— dertaken by Members of Congress. (A) procure the State and Local Law Enforce- scheduled by the Federal Board. The Federal ment Badges from the engraver selected under Board may establish by majority vote any other TITLE II—STATE AND LOCAL LAW EN- paragraph (2); rules for the conduct of the business of the Fed- FORCEMENT CONGRESSIONAL BADGE (B) send a letter announcing the award of eral Board, if such rules are not inconsistent OF BRAVERY each State and Local Law Enforcement Badge with this title or other applicable law. SEC. 201. AUTHORIZATION OF A BADGE. to the State or local agency head who nomi- (e) POWERS.— The Attorney General may award, and a nated the recipient of such State and Local Law (1) HEARINGS.— Member of Congress or the Attorney General Enforcement Badge; (A) IN GENERAL.—The Federal Board may may present, in the name of Congress a State (C) send a letter to each Member of Congress hold hearings, sit and act at times and places, and Local Law Enforcement Congressional representing the congressional district where the take testimony, and receive evidence as the Fed- Badge of Bravery to a State or local law en- recipient of each State and Local Law Enforce- eral Board considers appropriate to carry out forcement officer who is cited by the Attorney ment Badge resides to offer such Member an op- the duties of the Federal Board under this title. General, upon the recommendation of the State portunity to present such State and Local Law The Federal Board may administer oaths or af- and Local Board, for performing an act of brav- Enforcement Badge; and firmations to witnesses appearing before it. ery while in the line of duty. (D) make or facilitate arrangements for pre- (B) WITNESS EXPENSES.—Witnesses requested SEC. 202. NOMINATIONS. senting each State and Local Law Enforcement to appear before the Federal Board may be paid (a) IN GENERAL.—A State or local agency Badge in accordance with section 204. the same fees as are paid to witnesses under sec- head may nominate for a State and Local Law (6) Set an annual timetable for fulfilling the tion 1821 of title 28, United States Code. The per Enforcement Badge an individual— duties described in this subsection. diem and mileage allowances for witnesses shall (1) who is a State or local law enforcement of- (c) MEMBERSHIP.— be paid from funds appropriated to the Federal ficer working within the agency of the State or (1) NUMBER AND APPOINTMENT.—The State Board. local agency head making the nomination; and and Local Board shall be composed of 9 members (2) INFORMATION FROM FEDERAL AGENCIES.— (2) who— appointed as follows: Subject to sections 552, 552a, and 552b of title 5, (A)(i) sustained a physical injury while— (A) One member jointly appointed by the ma- United States Code— (I) engaged in the lawful duties of the indi- jority leader and minority leader of the Senate. (A) the Federal Board may secure directly vidual; and (B) One member jointly appointed by the from any Federal department or agency infor- (II) performing an act characterized as brav- Speaker and minority leader of the House of mation necessary to enable it to carry out this ery by the State or local agency head making Representatives. title; and the nomination; and (C) One member from the Department of Jus- (B) upon request of the Federal Board, the (ii) put the individual at personal risk when tice appointed by the Attorney General. head of that department or agency shall furnish the injury described in clause (i) occurred; or (D) Two members of the Fraternal Order of the information to the Federal Board. (B) while not injured, performed an act char- Police appointed by the Executive Board of the (3) INFORMATION TO BE KEPT CONFIDENTIAL.— acterized as bravery by the State or local agency Fraternal Order of Police. The Federal Board shall not disclose any infor- head making the nomination that placed the in- (E) One member of the National Association of mation which may compromise an ongoing law dividual at risk of serious physical injury or Police Organizations appointed by the Executive enforcement investigation or is otherwise re- death. Board of the National Association of Police Or- quired by law to be kept confidential. (b) CONTENTS.—A nomination under sub- ganizations. (f) COMPENSATION.— section (a) shall include— (F) One member of the National Organization (1) IN GENERAL.—Except as provided in para- (1) a written narrative, of not more than 2 of Black Law Enforcement Executives appointed graph (2), each Federal Board member shall be pages, describing the circumstances under which by the Executive Board of the National Organi- compensated at a rate equal to the daily equiva- the nominee performed the act of bravery de- zation of Black Law Enforcement Executives.

VerDate Aug 31 2005 05:53 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00129 Fmt 4624 Sfmt 6333 E:\CR\FM\A26JN6.081 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6302 CONGRESSIONAL RECORD — SENATE June 26, 2008 (G) One member of the International Associa- (2) PROHIBITION OF COMPENSATION FOR GOV- The bill (S. 2565), as amended, was or- tion of Chiefs of Police appointed by the Board ERNMENT EMPLOYEES.—State and Local Board dered to be engrossed for a third read- of Officers of the International Association of members who serve as officers or employees of ing, was read the third time, and Chiefs of Police. the Federal Government or a State or a local passed. (H) One member of the National Sheriffs’ As- government may not receive additional pay, al- sociation appointed by the Executive Committee lowances, or benefits by reason of their service The title was amended so as to read: of the National Sheriffs’ Association. on the State and Local Board. ‘‘A bill to establish an awards mecha- (2) LIMITATION.—Not more than 5 State and (3) TRAVEL EXPENSES.—Each State and Local nism to honor exceptional acts of brav- Local Board members may be members of the Board member shall receive travel expenses, in- ery in the line of duty by Federal, Fraternal Order of Police. cluding per diem in lieu of subsistence, in ac- State, and local law enforcement offi- (3) QUALIFICATIONS.—State and Local Board cordance with applicable provisions under sub- cers.’’ members shall be individuals with knowledge or chapter I of chapter 57 of title 5, United States expertise, whether by experience or training, in Code. f the field of State and local law enforcement. SEC. 204. PRESENTATION OF STATE AND LOCAL JOHN F. KENNEDY CENTER (4) TERMS AND VACANCIES.—Each State and LAW ENFORCEMENT BADGES. REAUTHORIZATION ACT OF 2007 Local Board member shall be appointed for 2 (a) PRESENTATION BY MEMBER OF CON- years and may be reappointed. A vacancy in the GRESS.—A Member of Congress may present a Mr. DODD. Mr. President, I ask unan- State and Local Board shall not affect the pow- State and Local Law Enforcement Badge to any imous consent that the Senate proceed ers of the State and Local Board and shall be State and Local Law Enforcement Badge recipi- to the immediate consideration of Cal- filled in the same manner as the original ap- ent who resides in such Member’s congressional endar No. 765, H.R. 3986. pointment. district. If both a Senator and Representative The PRESIDING OFFICER. The (d) OPERATIONS.— choose to present a State and Local Law En- clerk will state the bill by title. (1) CHAIRPERSON.—The Chairperson of the forcement Badge, such Senator and Representa- The legislative clerk read as follows: State and Local Board shall be a State and tive shall make a joint presentation. Local Board member elected by a majority of the (b) PRESENTATION BY ATTORNEY GENERAL.—If A bill (H.R. 3986) to amend the John F. State and Local Board. no Member of Congress chooses to present the Kennedy Center Act to authorize appropria- (2) MEETINGS.—The State and Local Board State and Local Law Enforcement Badge as de- tions for the John F. Kennedy Center for the shall conduct its first meeting not later than 90 scribed in subsection (a), the Attorney General, Performing Arts, and for other purposes. days after the appointment of a majority of or a designee of the Attorney General, shall There being no objection, the Senate State and Local Board members. Thereafter, the present such State and Local Law Enforcement proceeded to consider the bill, which State and Local Board shall meet at the call of Badge. had been reported from the Committee the Chairperson, or in the case of a vacancy of (c) PRESENTATION ARRANGEMENTS.—The office the position of Chairperson, at the call of the of the Member of Congress presenting each State on Environment and Public Works, Attorney General. and Local Law Enforcement Badge may make with an amendment to strike all after (3) VOTING AND RULES.—A majority of State arrangements for the presentation of such State the enacting clause and insert in lieu and Local Board members shall constitute a and Local Law Enforcement Badge, and if a thereof the following: quorum to conduct business, but the State and Senator and Representative choose to partici- H.R. 3986 Local Board may establish a lesser quorum for pate jointly as described in subsection (a), the Be it enacted by the Senate and House of Rep- conducting hearings scheduled by the State and Members shall make joint arrangements. The resentatives of the United States of America in Local Board. The State and Local Board may State and Local Board shall facilitate any such Congress assembled, establish by majority vote any other rules for presentation arrangements as requested by the ø the conduct of the business of the State and congressional office presenting the State and SECTION 1. SHORT TITLE. ø Local Board, if such rules are not inconsistent Local Law Enforcement Badge and shall make This Act may be cited as the ‘‘John F. with this title or other applicable law. arrangements in cases not undertaken by Mem- Kennedy Center Reauthorization Act of (e) POWERS.— bers of Congress. 2007’’. ø (1) HEARINGS.— TITLE III—CONGRESSIONAL BADGE OF SEC. 2. TECHNICAL AMENDMENT. (A) IN GENERAL.—The State and Local Board ø BRAVERY OFFICE Section 2(a)(2)(J)(ii) of the John F. Ken- may hold hearings, sit and act at times and nedy Center Act (20 U.S.C. 76h(a)(2)(J)(ii)) is places, take testimony, and receive evidence as SEC. 301. CONGRESSIONAL BADGE OF BRAVERY amended by striking ‘‘Public Works and OFFICE. the State and Local Board considers appropriate Transportation’’ and inserting ‘‘Transpor- (a) ESTABLISHMENT.—There is established to carry out the duties of the State and Local within the Department of Justice a Congres- tation and Infrastructure’’. Board under this title. The State and Local sional Badge of Bravery Office. øSEC. 3. PHOTOVOLTAIC SYSTEM. Board may administer oaths or affirmations to (b) DUTIES.—The Office shall— øThe John F. Kennedy Center Act (20 witnesses appearing before it. (1) receive nominations from Federal agency U.S.C. 76h et seq.) is amended by inserting (B) WITNESS EXPENSES.—Witnesses requested heads on behalf of the Federal Board and de- after section 6 the following: to appear before the State and Local Board may liver such nominations to the Federal Board at ø‘‘SEC. 7. PHOTOVOLTAIC SYSTEM. be paid the same fees as are paid to witnesses Federal Board meetings described in section ø‘‘(a) IN GENERAL.—The Board is author- under section 1821 of title 28, United States 103(d)(2); Code. The per diem and mileage allowances for ized to study, plan, design, engineer, and (2) receive nominations from State or local construct a photovoltaic system for the witnesses shall be paid from funds appropriated agency heads on behalf of the State and Local to the State and Local Board. main roof of the John F. Kennedy Center for Board and deliver such nominations to the State the Performing Arts. (2) INFORMATION FROM FEDERAL AGENCIES.— and Local Board at State and Local Board ø‘‘(b) REPORT.—Not later than 60 days be- Subject to sections 552, 552a, and 552b of title 5, meetings described in section 203(d)(2); and United States Code— fore beginning construction of the photo- (3) provide staff support to the Federal Board voltaic system pursuant to subsection (a), (A) the State and Local Board may secure di- and the State and Local Board to carry out the rectly from any Federal department or agency the Board shall submit a report to the Com- duties described in section 103(b) and section mittee on Transportation and Infrastructure information necessary to enable it to carry out 203(b), respectively. this title; and of the House of Representatives and the Amend the title so as to read: ‘‘A bill to Committee on Environment and Public (B) upon request of the State and Local establish an awards mechanism to honor ex- Board, the head of that department or agency Works of the Senate on the feasibility and ceptional acts of bravery in the line of duty design of the project.’’. shall furnish the information to the State and by Federal, State, and local law enforcement øSEC. 4. AUTHORIZATION OF APPROPRIATIONS. Local Board. officers.’’. ø (3) INFORMATION TO BE KEPT CONFIDENTIAL.— Mr. DODD. Mr. President, I ask unan- Section 13 of the John F. Kennedy Center The State and Local Board shall not disclose Act (20 U.S.C. 76r) is amended— any information which may compromise an on- imous consent that the committee sub- ø(1) by striking subsections (a) and (b) and going law enforcement investigation or is other- stitute amendment be agreed to, the inserting the following: wise required by law to be kept confidential. bill as amended be read the third time, ø‘‘(a) MAINTENANCE, REPAIR, AND SECU- (f) COMPENSATION.— and passed, the amendment to the title RITY.—There are authorized to be appro- (1) IN GENERAL.—Except as provided in para- be agreed to, the motions to reconsider priated to the Board to carry out section graph (2), each State and Local Board member be laid upon the table, with no inter- 4(a)(1)(H)— shall be compensated at a rate equal to the daily vening action or debate, and that any ø‘‘(1) $20,200,000 for fiscal year 2008; ø equivalent of the annual rate of basic pay pre- statements relating to the bill be ‘‘(2) $21,800,000 for fiscal year 2009; and scribed for level IV of the Executive Schedule ø‘‘(3) $22,500,000 for fiscal year 2010. ECORD under section 5315 of title 5, United States Code, printed in the R . ø‘‘(b) CAPITAL PROJECTS.—There are au- for each day (including travel time) during The PRESIDING OFFICER. Without thorized to be appropriated to the Board to which such State and Local Board member is objection, it is so ordered. carry out subparagraphs (F) and (G) of sec- engaged in the performance of the duties of the The committee amendment in the tion 4(a)(1)— State and Local Board. nature of a substitute was agreed to. ø‘‘(1) $23,150,000 for fiscal year 2008;

VerDate Aug 31 2005 05:53 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00130 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.081 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6303 ø‘‘(2) $16,000,000 for fiscal year 2009; and The PRESIDING OFFICER. Without ‘‘(i) the navigable waters or the exclusive eco- ø‘‘(3) $17,000,000 for fiscal year 2010.’’; and objection, it is so ordered. nomic zone of the United States; ø(2) by redesignating subsection (d) as sub- The committee amendment in the ‘‘(ii) an emission control area designated pur- section (e), and by adding after subsection (c) nature of a substitute was agreed to. suant to section 4; or the following: ‘‘(iii) any other area that the Administrator, ø‘‘(d) PHOTOVOLTAIC SYSTEM.—There are The amendment was ordered to be in consultation with the Secretary and each authorized to be appropriated to the Board engrossed and the bill to be read a State in which any part of the area is located, such sums as may be necessary to carry out third time. has designated by order as being an area from section 7, with such sums to remain avail- The bill (H.R. 3986), as amended, was which emissions from ships are of concern with able until expended.’’. read the third time, and passed. respect to protection of public health, welfare, ø or the environment; SEC. 5. EXISTING AUTHORITIES. f øNothing in this Act shall be construed to ‘‘(C) to a ship that is entitled to fly the flag limit or affect the authority or responsi- MARITIME POLLUTION of, or operating under the authority of, a party bility of the National Capital Planning Com- PREVENTION ACT OF 2008 to Annex VI, and is in— mission or the Commission of Fine Arts.¿ ‘‘(i) the navigable waters or the exclusive eco- Mr. DODD. Mr. President, I ask unan- SECTION 1. SHORT TITLE. nomic zone of the United States; This Act may be cited as the ‘‘John F. Ken- imous consent that the Senate proceed ‘‘(ii) an emission control area designated nedy Center Reauthorization Act of 2008’’. to the immediate consideration of Cal- under section 4; or ‘‘(iii) any other area that the Administrator, SEC. 2. TECHNICAL AMENDMENT. endar No. 828, H.R. 802. in consultation with the Secretary and each Section 2(a)(2)(J)(ii) of the John F. Kennedy The PRESIDING OFFICER. The State in which any part of the area is located, Center Act (20 U.S.C. 76h(a)(2)(J)(ii)) is amend- clerk will report the bill by title. has designated by order as being an area from ed by striking ‘‘Public Works and Transpor- The legislative clerk read as follows: which emissions from ships are of concern with tation’’ and inserting ‘‘Transportation and In- A bill (H.R. 802) to amend the Act to Pre- respect to protection of public health, welfare, frastructure’’. vent Pollution from Ships to implement or the environment; and SEC. 3. PHOTOVOLTAIC SYSTEM. MARPOL Annex VI. ‘‘(D) to any other ship, to the extent that, and The John F. Kennedy Center Act is amended There being no objection, the Senate in the same manner as, such ship may be by inserting after section 6 (20 U.S.C. 76l) the proceeded to consider the bill which boarded by the Secretary to implement or en- following: had been reported from the Committee force any other law of the United States or ‘‘SEC. 7. PHOTOVOLTAIC SYSTEM. on Commerce, Science and Transpor- Annex I, II, or V of the Convention, and is in— ‘‘(a) IN GENERAL.—The Board may study, ‘‘(i) the exclusive economic zone of the United plan, design, engineer, and construct a photo- tation with an amendment to strike all States; voltaic system for the main roof of the John F. after the enacting clause and insert in ‘‘(ii) the navigable waters of the United Kennedy Center for the Performing Arts. lieu thereof the following: States; ‘‘(b) REPORT.—Not later than 60 days before H.R. 802 ‘‘(iii) an emission control area designated beginning construction of the photovoltaic sys- under section 4; or SECTION 1. SHORT TITLE. tem pursuant to subsection (a), the Board shall ‘‘(iv) any other area that the Administrator, This Act may be cited as the ‘‘Maritime Pollu- submit to the Committee on Transportation and in consultation with the Secretary and each tion Prevention Act of 2008’’. Infrastructure of the House of Representatives State in which any part of the area is located, and the Committee on Environment and Public SEC. 2. REFERENCES. has designated by order as being an area from Works of the Senate a report on the feasibility Wherever in this Act an amendment or repeal which emissions from ships are of concern with and design of the project.’’. is expressed in terms of an amendment to or a respect to protection of public health, welfare, SEC. 4. AUTHORIZATION OF APPROPRIATIONS. repeal of a section or other provision, the ref- or the environment.’’; Section 13 of the John F. Kennedy Center Act erence shall be considered to be made to a sec- (2) in subsection (b)— (20 U.S.C. 76r) is amended— tion or other provision of the Act to Prevent Pol- (A) in paragraph (1) by striking ‘‘paragraph (1) by striking subsections (a) and (b) and in- lution from Ships (33 U.S.C. 1901 et seq.). (2),’’ and inserting ‘‘paragraphs (2) and (3),’’; serting the following: SEC. 3. DEFINITIONS. and ‘‘(a) MAINTENANCE, REPAIR, AND SECURITY.— Section 2(a) (33 U.S.C. 1901(a)) is amended— (B) by adding at the end the following: There are authorized to be appropriated to the (1) by redesignating the paragraphs (1) ‘‘(3) With respect to Annex VI the Adminis- Board to carry out section 4(a)(1)(H)— through (12) as paragraphs (2) through (13), re- trator, or the Secretary, as relevant to their au- ‘‘(1) $20,200,000 for fiscal year 2008; spectively; thorities pursuant to this Act, may determine ‘‘(2) $21,800,000 for fiscal year 2009; (2) by inserting before paragraph (2) (as so re- that some or all of the requirements under this ‘‘(3) $22,500,000 for fiscal year 2010; designated) the following: Act shall apply to one or more classes of public ‘‘(4) $23,500,000 for fiscal year 2011; and ‘‘(1) ‘Administrator’ means the Administrator vessels, except that such a determination by the ‘‘(5) $24,500,000 for fiscal year 2012. of the Environmental Protection Agency;’’; Administrator shall have no effect unless the ‘‘(b) CAPITAL PROJECTS.—There are author- (3) in paragraph (5) (as so redesignated) by head of the Department or agency under which ized to be appropriated to the Board to carry striking ‘‘and V’’ and inserting ‘‘V, and VI’’; the vessels operate concurs in the determination. out subparagraphs (F) and (G) of section (4) in paragraph (6) (as so redesignated) by This paragraph does not apply during time of 4(a)(1)— striking ‘‘ ‘discharge’ and ‘garbage’ and ‘harm- war or during a declared national emergency.’’; ‘‘(1) $23,150,000 for fiscal year 2008; ful substance’ and ‘incident’’’ and inserting (3) by redesignating subsections (c) through ‘‘(2) $16,000,000 for fiscal year 2009; ‘‘ ‘discharge’, ‘emission’, ‘garbage’, ‘harmful (g) as subsections (d) through (h), respectively, ‘‘(3) $17,000,000 for fiscal year 2010; substance’, and ‘incident’’’; and and inserting after subsection (b) the following: ‘‘(4) $17,000,000 for fiscal year 2011; and (5) by redesignating paragraphs (7) through ‘‘(c) APPLICATION TO OTHER PERSONS.—This ‘‘(5) $18,500,000 for fiscal year 2012.’’; (13) (as redesignated) as paragraphs (8) through Act shall apply to all persons to the extent nec- (2) by redesignating subsection (d) as sub- (14), respectively, and inserting after paragraph essary to ensure compliance with Annex VI to section (e); and (6) (as redesignated) the following: the Convention.’’; (3) by inserting after subsection (c) the fol- ‘‘(7) ‘navigable waters’ includes the territorial (4) in subsection (e), as redesignated— lowing: sea of the United States (as defined in Presi- (A) by inserting ‘‘or the Administrator, con- ‘‘(d) PHOTOVOLTAIC SYSTEM.—There are au- dential Proclamation 5928 of December 27, 1988) sistent with section 4 of this Act,’’ after ‘‘Sec- thorized to be appropriated to the Board such and the internal waters of the United States;’’. retary’’; sums as are necessary to carry out section 7, to SEC. 4. APPLICABILITY. (B) by striking ‘‘of section (3),’’ and inserting remain available until expended.’’. Section 3 (33 U.S.C. 1902) is amended— ‘‘of this section,’’; and SEC. 5. EXISTING AUTHORITIES. (1) in subsection (a)— (C) by striking ‘‘Protocol, including regula- Nothing in this Act limits or otherwise affects (A) by striking ‘‘and’’ at the end of paragraph tions conforming to and giving effect to the re- the authority or responsibility of the National (3); quirements of Annex V’’ and inserting ‘‘Protocol Capital Planning Commission or the Commission (B) by striking the period at the end of para- (or the applicable Annex), including regulations of Fine Arts. graph (4) and inserting ‘‘; and’’; and conforming to and giving effect to the require- Mr. DODD. Mr. President, I ask unan- (C) by adding at the end the following: ments of Annex V and Annex VI’’; and imous consent that the committee sub- ‘‘(5) with respect to Annex VI to the Conven- (5) by adding at the end thereof the following: stitute amendment be agreed to, the tion, and other than with respect to a ship re- ‘‘(i) SAVINGS CLAUSE.—Nothing in this section ferred to in paragraph (1)— shall be construed to restrict in a manner incon- bill, as amended, be read the third time sistent with international law navigational and passed, the motions to reconsider ‘‘(A) to a ship that is in a port, shipyard, offshore terminal, or the internal waters of the rights and freedoms as defined by United States be laid upon the table, with no inter- United States; law, treaty, convention, or customary intervening action or debate, and that any ‘‘(B) to a ship that is bound for, or departing national law.’’. statements relating to the bill be from, a port, shipyard, offshore terminal, or the SEC. 5. ADMINISTRATION AND ENFORCEMENT. printed in the RECORD. internal waters of the United States, and is in— Section 4 (33 U.S.C. 1903) is amended—

VerDate Aug 31 2005 05:53 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00131 Fmt 4624 Sfmt 6333 E:\CR\FM\A26JN6.078 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6304 CONGRESSIONAL RECORD — SENATE June 26, 2008 (1) by redesignating subsections (b) and (c) as (3) in subsection (e) by striking paragraph (2) ‘‘(3) against the Administrator where there is subsections (c) and (d), respectively, and insert- and inserting the following: alleged a failure of the Administrator to perform ing after subsection (a) the following: ‘‘(2) The Secretary may deny the entry of a any act or duty under this Act which is not dis- ‘‘(b) DUTY OF THE ADMINISTRATOR.—In addi- ship to a port or terminal required by the cretionary; or’’; tion to other duties specified in this Act, the Ad- MARPOL Protocol, this Act, or regulations pre- (2) by striking ‘‘concerned,’’ in subsection ministrator and the Secretary, respectively, scribed under this section relating to the provi- (b)(1) and inserting ‘‘concerned or the Adminis- shall have the following duties and authorities: sion of adequate reception facilities for garbage, trator,’’; and ‘‘(1) The Administrator shall, and no other ozone depleting substances, equipment con- (3) by inserting ‘‘or the Administrator’’ after person may, issue Engine International Air Pol- taining those substances, or exhaust gas clean- ‘‘Secretary’’ in subsection (b)(2). lution Prevention certificates in accordance ing residues, if the port or terminal is not in Mr. DODD. Mr. President, I ask unan- with Annex VI and the International Maritime compliance with the MARPOL Protocol, this imous consent that the committee sub- Organization’s Technical Code on Control of Act, or those regulations.’’; stitute amendment be agreed to, the Emissions of Nitrogen Oxides from Marine Die- (4) in subsection (f)(1) by striking ‘‘Secretary bill, as amended, be read a third time sel Engines, on behalf of the United States for is’’ and inserting ‘‘Secretary and the Adminis- a vessel of the United States as that term is de- trator are’’; and and passed, the motions to reconsider fined in section 116 of title 46, United States (5) in subsection (f)(2) by striking ‘‘(A)’’. be laid upon the table, with no inter- Code. The issuance of Engine International Air SEC. 8. INSPECTIONS. vening action or debate, and that any Pollution Prevention certificates shall be con- Section 8(f) (33 U.S.C. 1907(f)) is amended to statements related to the bill be print- sistent with any applicable requirements of the read as follows: ed in the RECORD. Clean Air Act or regulations prescribed under ‘‘(f)(1) The Secretary may inspect a ship to The PRESIDING OFFICER. Without that Act. which this Act applies as provided under section objection, it is so ordered. ‘‘(2) The Administrator shall have authority 3(a)(5), to verify whether the ship is in compli- The committee amendment in the to administer regulations 12, 13, 14, 15, 16, 17, 18, ance with Annex VI to the Convention and this nature of a substitute was agreed to. and 19 of Annex VI to the Convention. Act. ‘‘(3) The Administrator shall, only as specified The amendment was ordered to be ‘‘(2) If an inspection under this subsection or engrossed, and the bill to be read a in section 8(f), have authority to enforce Annex any other information indicates that a violation VI of the Convention.’’; has occurred, the Secretary, or the Adminis- third time. (2) in subsection (c), as redesignated, by redes- trator in a matter referred by the Secretary, may The bill (H.R. 802), as amended, was ignating paragraph (2) as paragraph (4), and undertake enforcement action under this sec- read the third time and passed. inserting after paragraph (1) the following: tion. f ‘‘(2) In addition to the authority the Secretary ‘‘(3) Notwithstanding subsection (b) and para- has to prescribe regulations under this Act, the graph (2) of this subsection, the Administrator CONGRATULATING THE CALI- Administrator shall also prescribe any necessary shall have all of the authorities of the Sec- FORNIA STATE UNIVERSITY, or desired regulations to carry out the provi- retary, as specified in subsection (b) of this sec- FRESNO BULLDOGS BASEBALL sions of regulations 12, 13, 14, 15, 16, 17, 18, and tion, for the purposes of enforcing regulations 17 TEAM 19 of Annex VI to the Convention. and 18 of Annex VI to the Convention to the ex- ‘‘(3) In prescribing any regulations under this Mr. DODD. Mr. President, I ask unan- tent that shoreside violations are the subject of imous consent that the Senate proceed section, the Secretary and the Administrator the action and in any other matter referred to shall consult with each other, and with respect the Administrator by the Secretary.’’. to the immediate consideration of S. to regulation 19, with the Secretary of the Inte- SEC. 9. AMENDMENTS TO THE PROTOCOL. Res. 604, submitted earlier today. rior.’’; and Section 10(b) (33 U.S.C. 1909(b)) is amended— The PRESIDING OFFICER. The (3) by adding at the end of subsection (c), as (1) by striking ‘‘Annex I, II, or V’’ and insert- clerk will report the resolution by redesignated, the following: title. ‘‘(5) No standard issued by any person or Fed- ing ‘‘Annex I, II, V, or VI’’; and (2) by inserting ‘‘or the Administrator as pro- eral authority, with respect to emissions from The legislative clerk read as follows: vided for in this Act,’’ after ‘‘Secretary,’’. tank vessels subject to regulation 15 of Annex VI A resolution (S. Res. 604) congratulating to the Convention, shall be effective until 6 SEC. 10. PENALTIES. the California State University Fresno Bull- months after the required notification to the Section 9 (33 U.S.C. 1908) is amended— dogs baseball team for winning the 2008 Na- International Maritime Organization by the (1) by striking ‘‘Protocol,,’’ each place it ap- tional Collegiate Athletics Association Divi- Secretary.’’. pears and inserting ‘‘Protocol,’’; sion I College World Series. (2) in subsection (b)— SEC. 6. CERTIFICATES. There being no objection, the Senate (A) by inserting ‘‘or the Administrator as pro- Section 5 (33 U.S.C. 1904) is amended— proceeded to consider the resolution. vided for in this Act,’’ after ‘‘Secretary,’’ the (1) in subsection (a) by striking ‘‘The Sec- Mr. DODD. Mr. President, I ask unan- first place it appears; retary’’ and inserting ‘‘Except as provided in (B) in paragraph (2), by inserting ‘‘, or the imous consent that the resolution be section 4(b)(1), the Secretary’’; Administrator as provided for in this Act,’’ after agreed to, the preamble be agreed to, (2) in subsection (b) by striking ‘‘Secretary the motions to reconsider be laid upon under the authority of the MARPOL protocol.’’ ‘‘Secretary’’; and (C) in the matter after paragraph (2)— and inserting ‘‘Secretary or the Administrator the table, with no intervening action (i) by inserting ‘‘or the Administrator as pro- under the authority of this Act.’’; and or debate, and that any statements re- (3) in subsection (e) by striking ‘‘environ- vided for in this Act’’ after ‘‘Secretary,’’ the lated to the bill be printed in the first place it appears; and ment.’’ and inserting ‘‘environment or the public RECORD. (ii) by inserting ‘‘, or the Administrator as health and welfare.’’. provided for in this Act,’’ after ‘‘Secretary’’ the The PRESIDING OFFICER. Without SEC. 7. RECEPTION FACILITIES. second and third places it appears; objection, it is so ordered. Section 6 (33 U.S.C. 1905) is amended— (3) in subsection (c), by inserting ‘‘, or the Ad- The resolution (S. Res. 604) was (1) in subsection (a) by adding at the end the ministrator as provided for in this Act,’’ after agreed to. following: ‘‘Secretary’’ each place it appears; and The preamble was agreed to. ‘‘(3) The Secretary and the Administrator, (4) in subsection (f), by inserting ‘‘or the Ad- The resolution, with its preamble, after consulting with appropriate Federal agen- ministrator as provided for in this Act’’ after reads as follows: cies, shall jointly prescribe regulations setting ‘‘Secretary,’’ the first place appears. criteria for determining the adequacy of recep- S. RES. 604 tion facilities for receiving ozone depleting sub- SEC. 11. EFFECT ON OTHER LAWS. Whereas on June 25, 2008, the student ath- stances, equipment containing such substances, Section 15 (33 U.S.C. 1911) is amended to read letes of the California State University, and exhaust gas cleaning residues at a port or as follows: Fresno Bulldogs baseball team, in the sixth terminal, and stating any additional measures ‘‘SEC. 15. EFFECT ON OTHER LAWS. elimination game faced by the Fresno State and requirements as are appropriate to ensure ‘‘Authorities, requirements, and remedies of Bulldogs, finished a true Cinderella story such adequacy. Persons in charge of ports and this Act supplement and neither amend nor re- season, winning the 2008 National Collegiate terminals shall provide reception facilities, or peal any other authorities, requirements, or Athletics Association Division I College ensure that reception facilities are available, in remedies conferred by any other provision of World Series Championship (referred to in accordance with those regulations. The Sec- law. Nothing in this Act shall limit, deny, this preamble as the ‘‘2008 NCAA College retary and the Administrator may jointly pre- amend, modify, or repeal any other authority, World Series’’) by defeating the University of scribe regulations to certify, and may issue cer- requirement, or remedy available to the United Georgia Bulldogs, 2 games to 1, in a best-of- tificates to the effect, that a port’s or terminal’s States or any other person, except as expressly 3 championship; facilities for receiving ozone depleting sub- provided in this Act.’’. Whereas the 2008 NCAA College World Se- stances, equipment containing such substances, SEC. 12. LEGAL ACTIONS. ries is the second championship for the Cali- and exhaust gas cleaning residues from ships Section 11 (33 U.S.C. 1910) is amended— fornia State University; are adequate.’’; (1) by redesignating paragraph (3) of sub- Whereas the Fresno State Bulldogs are the (2) in subsection (b) by inserting ‘‘or the Ad- section (a) as paragraph (4), and inserting after lowest-seeded team in college sports history ministrator’’ after ‘‘Secretary’’; paragraph (2) the following: to win a championship;

VerDate Aug 31 2005 06:47 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00132 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.083 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6305 Whereas the Fresno State Bulldogs won 6 There being no objection, the Senate people of the United States and the people of elimination games to win the 2008 NCAA Col- proceeded to consider the resolution. Germany; and lege World Series, which is a testament to Mr. DODD. Mr. President, I ask unan- Whereas, today, air mobility continues to the resilience, fortitude, and ‘‘never say die’’ imous consent that the resolution be play a vital role in United States foreign pol- attitude of the team; icy by helping to advance freedom and al- Whereas the Fresno State Bulldogs beat agreed to, the preamble be agreed to, leviate suffering around the world: Now, number 3-ranked Arizona State University, and the motions to reconsider be laid therefore, be it number 6-ranked Rice University, number 2- upon the table. Resolved, That Congress— ranked University of North Carolina, and The PRESIDING OFFICER. Without (1) recognizes the 60th anniversary of the number 8-ranked University of Georgia to objection, it is so ordered. Berlin Airlift as the largest and longest run- win the 2008 NCAA College World Series; The resolution (S. Res. 605) was ning humanitarian airlift operation in his- Whereas the Fresno State Bulldogs tied agreed to. tory; (2) honors the service and sacrifice of the the record of most runs, 62, in the College The preamble was agreed to. World Series; men and women who participated in and sup- Whereas the Fresno State Bulldogs elimi- The resolution, with its preamble, ported the Berlin Airlift; nation game, a 19-10 win against Georgia just reads as follows: (3) commends the close friendship forged 1 day earlier, produced College World Series S. RES. 605 between the American, British, and German records for most runs in a game by 1 team, Whereas in spring of 1948 Berlin was iso- people through the Berlin Airlift; and most combined runs, most hits by 1 team, lated within the Soviet occupation zone and (4) applauds the men and women of the most combined hits, and longest game; had only 35 days’ worth of food and 45 days’ United States Air Force’s Air Mobility Com- Whereas the Fresno State Bulldogs played worth of coal remaining for the city; mand, who, in the best traditions of the Ber- 78 games this year, more than any other Whereas military planners in the United lin Airlift, still work diligently to provide team in the United States; States and the United Kingdom determined hope, save lives, and deliver freedom around Whereas playing with a torn ligament in that 1,534 tons of flour, wheat, fish, milk, and the world in support of the United States’s his left thumb, right fielder Steve Detwiler other food items would be required daily to foreign policy objectives. had 4 hits in 4 at-bats, including 2 home runs feed the 2,000,000 residents of Berlin; f and 6 runs batted in, during the champion- Whereas military planners determined CONDITIONAL ADJOURNMENT OR ship game; that 3,475 tons of coal and gasoline would be Whereas Justin Wilson, the winning pitch- required daily to keep the city of Berlin RECESS OF THE HOUSE AND er, pitching on just 3 days rest, was able to heated and powered; SENATE pitch 129 pitches, 86 of which were strikes Whereas, on June 1, 1948, the United States Mr. DODD. Mr. President, I ask unan- over 8 strong innings, allowing just 5 hits, 1 Air Force created the Military Air Transport run, and striking out 9 batters; imous consent that the Senate proceed Service, the predecessor to Air Mobility to the immediate consideration of H. Whereas Tommy Mendonca, third baseman Command, to organize and conduct airlift for the 2008 NCAA College World Series missions; Con. Res. 379, which was received from champion Fresno State Bulldogs, was named Whereas, on June 26, 1948, ‘‘Operation the House. the ‘‘Most Outstanding Player’’, tying the Vittles’’ began when 32 United States Air The PRESIDING OFFICER. The College World Series record with 4 home Force C-47 Dakotas departed West Germany clerk will report the concurrent resolu- runs; for Berlin hauling 80 tons of cargo, and the tion by title. Whereas the Fresno State Bulldogs have 5 first British aircraft launched on June 28, The legislative clerk read as follows: players on the 2008 NCAA College World Se- 1948; A concurrent resolution (H. Con. Res. 379) ries all-tournament team, including third Whereas Major General William H. Tunner, providing for a conditional adjournment of baseman Tommy Mendonca, second baseman a veteran of the aerial supply line over the the House of Representatives and a condi- Erik Wetzel, outfielder Steve Susdorf, out- Himalayas in World War II, took command tional recess or adjournment of the Senate. fielder Steve Detwiler, and pitcher Justin of ‘‘Operation Vittles’’ on July 28, 1948; There being no objection, the Senate Wilson; Whereas Major General Tunner pioneered Whereas the Fresno State Bulldogs have many new and innovative tactics and proce- proceeded to consider the concurrent shown great character, comradery, resil- dures for the airlift, including the creation resolution. ience, and sportsmanship on the way to win- of air corridors for ingress and egress, stag- Mr. DODD. Mr. President, I ask unan- ning the national championship; gering altitudes of the aircraft, and imple- imous consent that the concurrent res- Whereas the fellow students, families, menting instrument flight rules which al- olution be agreed to, the motion to re- alumni, faculty, and fans of the Fresno State lowed aircraft to land as frequently as every consider be laid upon the table, with no Bulldogs have been a great part of this 3 minutes; intervening action or debate. championship, showing great support with Whereas one pilot, 1st Lieutenant Gail S. many individuals wearing ‘‘Underdogs to The PRESIDING OFFICER. Without Halvorsen, who became known as the ‘‘Candy objection, it is so ordered. Wonderdogs’’ t-shirts; and Bomber’’, initiated ‘‘Operation Little Whereas the Fresno State Bulldogs have Vittles’’ to bring hope to the children of Ber- The concurrent resolution (H. Con. instilled within the City of Fresno and the lin, by dropping handkerchief parachutes Res. 379) was agreed to, as follows: State of California great pride and excite- containing chocolate and chewing gum as a H. CON. RES. 379 ment: Now, therefore, be it symbol of American goodwill, ultimately re- Resolved by the House of Representatives (the Resolved, That the Senate— sulting in more than 3 tons of candy being Senate concurring), That when the House ad- (1) congratulates the California State Uni- dropped in more than 250,000 miniature para- journs on the legislative day of Thursday, versity Fresno Bulldogs baseball team for chutes; June 26, 2008, or Friday, June 27, 2008, on a winning the 2008 National Collegiate Ath- Whereas, on Easter Sunday, April 17, 1949, motion offered pursuant to this concurrent letics Association Division I College World airlifters reached the pinnacle of ‘‘Operation resolution by its Majority Leader or his des- Series; and Vittles’’ by delivering 13,000 tons of cargo, ignee, it stand adjourned until 2 p.m. on (2) recognizes the achievements of the including the equivalent of 600 railroad cars Tuesday, July 8, 2008, or until the time of players, coaches, students, and staff whose full of coal, setting the single day record for any reassembly pursuant to section 2 of this hard work and dedication made winning the the Berlin Airlift; concurrent resolution, whichever occurs championship possible. Whereas 39 British and 31 American airmen first; and that when the Senate recesses or f made the ultimate sacrifice during the Ber- adjourns on any day from Thursday, June 26, lin Airlift, and 8 British and 17 American air- 2008, through Friday, July 4, 2008, on a mo- 60TH ANNIVERSARY OF THE craft were lost; tion offered pursuant to this concurrent res- BERLIN AIRLIFT Whereas airlifters delivered more than olution by its Majority Leader or his des- 2,300,000 tons of food and supplies on 278,228 ignee, it stand recessed or adjourned until Mr. DODD. Mr. President, I ask unan- total flights into Berlin; noon on Monday, July 7, 2008, or such other imous consent that the Senate proceed Whereas the Soviet Union was forced to time on that day as may be specified in the to the consideration of S. Res. 605, sub- lift the blockade in light of the success of motion to recess or adjourn, or until the mitted earlier today. the 15-month airlift operation; time of any reassembly pursuant to section 2 The PRESIDING OFFICER. The Whereas the Berlin Airlift marked the first of this concurrent resolution, whichever oc- clerk will report the resolution by use of airpower to provide hope and humani- curs first. tarian assistance, and to win a strategic vic- SEC. 2. The Speaker of the House and the title. tory against enemy aggression and intimida- Majority Leader of the Senate, or their re- The legislative clerk read as follows: tion; spective designees, acting jointly after con- A resolution (S. Res. 605) commemorating Whereas the enormous effort and coopera- sultation with the Minority Leader of the the 60th anniversary of the Berlin Airlift and tion of the Berlin Airlift laid the foundation House and the Minority Leader of the Sen- honoring the veterans of Operation Vittles. for a deep and lasting friendship between the ate, shall notify the Members of the House

VerDate Aug 31 2005 05:53 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00133 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.077 S26JNPT1 wwoods2 on PRODPC60 with SENATE S6306 CONGRESSIONAL RECORD — SENATE June 26, 2008 and the Senate, respectively, to reassemble UNANIMOUS CONSENT AGREE- PROGRAM at such place and time as they may des- MENT MODIFICATION—H.R. 6304 ignate if, in their opinion, the public interest Mr. DODD. Mr. President, there will shall warrant it. Mr. DODD. Mr. President, I ask that be no rollcall votes tomorrow. The next the consent be modified with respect to vote will occur at 5:30 p.m. on Monday, f Calendar No. 827, H.R. 6304, in the fol- July 7. CRIMINAL HISTORY BACKGROUND lowing way: Provided that the Specter CHECKS PILOT EXTENSION ACT and Bingaman amendments be subject f OF 2008 to an affirmative 60-vote threshold; and that if they do not achieve that thresh- ADJOURNMENT UNTIL 9:45 A.M. Mr. DODD. Mr. President, I ask unan- old, then they be withdrawn; if they TOMORROW imous consent that the Senate proceed achieve that threshold, then they be Mr. DODD. If there is no further busi- to the immediate consideration of S. agreed to and the motion to reconsider ness to come before the Senate, I ask 3218, introduced earlier today. be laid upon the table. unanimous consent the Senate stand The PRESIDING OFFICER. The The PRESIDING OFFICER. Without adjourned under the previous order. clerk will report the bill by title. objection, it is so ordered. There being no objection, the Senate, The legislative clerk read as follows: f at 10:58 p.m., adjourned until Friday, A bill (S. 3218) to extend the pilot program June 27, 2008, at 9:45 a.m. for volunteer groups to obtain criminal his- THANKING THE MAJORITY tory background checks. LEADER AND STAFF f There being no objection, the Senate Mr. DODD. Mr. President, let me say proceeded to consider the bill. before I read this last section, I com- NOMINATIONS Mr. DODD. Mr. President, I ask unan- mend the majority leader. He has had a Executive nominations received by imous consent that the bill be read a very trying week. The floor staff and the Senate: third time and passed, the motion to others have done a remarkable job in FARM CREDIT ADMINISTRATION reconsider be laid upon the table, with getting us to this point. I wouldn’t MARK EVERETT KEENUM, OF MISSISSIPPI, TO BE A no intervening action or debate, and want this evening to pass without not- MEMBER OF THE FARM CREDIT ADMINISTRATION any statements relating to the bill be ing they do not get the recognition BOARD, FARM CREDIT ADMINISTRATION FOR A TERM EXPIRING MAY 21, 2014, VICE NANCY C. PELLETT, TERM placed in the RECORD. they often deserve, but this institution EXPIRED. The PRESIDING OFFICER. Without functions because there are a lot of DEFENSE NUCLEAR FACILITIES SAFETY BOARD objection, it is so ordered. people whose names are never known JOSEPH F. BADER, OF THE DISTRICT OF COLUMBIA, TO The bill (S. 3218) was ordered to be who make this happen. It is important, BE A MEMBER OF THE DEFENSE NUCLEAR FACILITIES as we begin this Independence Day SAFETY BOARD FOR A TERM EXPIRING OCTOBER 18, 2012. engrossed for a third reading, was read (REAPPOINTMENT) the third time, and passed, as follows: break, that we recognize the remark- DEPARTMENT OF THE TREASURY S. 3218 able people who function and work every single day in the Senate, the ma- RICHARD A. ANDERSON, OF GEORGIA, TO BE A MEMBER Be it enacted by the Senate and House of Rep- OF THE INTERNAL REVENUE SERVICE OVERSIGHT resentatives of the United States of America in jority leader’s staff, and others who BOARD FOR A TERM EXPIRING SEPTEMBER 14, 2013, VICE PAUL JONES, TERM EXPIRING. Congress assembled, have had to weave through this morass DEPARTMENT OF STATE SECTION 1. SHORT TITLE. of procedural objections that have allowed us to reach the point we have. MATTHEW A. REYNOLDS, OF MASSACHUSETTS, TO BE This Act may be cited as the ‘‘Criminal AN ASSISTANT SECRETARY OF STATE (LEGISLATIVE AF- History Background Checks Pilot Extension We are going to come back in 10 days. FAIRS), VICE JEFFREY THOMAS BERGNER, RESIGNED. I mentioned the housing bill, but also Act of 2008’’. FEDERAL MINE SAFETY AND HEALTH the Foreign Intelligence Surveillance SEC. 2. EXTENSION OF PILOT PROGRAM. ADMINISTRATION Act is a source of significant con- Section 108(a)(3)(A) of the PROTECT Act MARY LUCILLE JORDAN, OF MARYLAND, TO BE A MEM- (42 U.S.C. 5119a note) is amended by striking troversy. While I have serious objec- BER OF THE FEDERAL MINE SAFETY AND HEALTH RE- ‘‘a 60-month’’ and inserting ‘‘a 66-month’’. tions to it, and appreciate the oppor- VIEW COMMISSION FOR A TERM OF SIX YEARS EXPIRING tunity I will have to strike section 2 of AUGUST 30, 2014. (REAPPOINTMENT) f that bill dealing with retroactive im- BROADCASTING BOARD OF GOVERNORS MEASURES READ THE FIRST munity, I want the record to reflect PETER ROBERT KANN, OF NEW JERSEY, TO BE A MEM- BER OF THE BROADCASTING BOARD OF GOVERNORS FOR TIME—S. 3202, S. 3213, AND H.R. 3195 the deep appreciation I have for the A TERM EXPIRING AUGUST 13, 2010, VICE JAMES K. majority leader—I know others do as GLASSMAN, RESIGNED. Mr. DODD. Mr. President, I under- MICHAEL MEEHAN, OF VIRGINIA, TO BE A MEMBER OF stand there are three bills at the desk, well—for the way in which he and his THE BROADCASTING BOARD OF GOVERNORS FOR A TERM EXPIRING AUGUST 13, 2010, VICE D. JEFFREY and I ask for their first reading en bloc. office have allowed us to achieve the results we have up to this point. HIRSCHBERG, TERM EXPIRED. The PRESIDING OFFICER. The IN THE AIR FORCE clerk will report the bills by title en f THE FOLLOWING NAMED OFFICER FOR REGULAR AP- bloc. ORDERS FOR FRIDAY, JUNE 27, 2008 POINTMENT IN THE GRADE INDICATED IN THE UNITED The assistant legislative clerk read STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTION 531: as follows: Mr. DODD. Mr. President, I ask unan- To be lieutenant colonel imous consent that when the Senate TAMERA A. HERZOG A bill (S. 3202) to address record high gas completes its business today, it stand prices at the pump, and for other purposes. THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- MENT TO THE GRADE INDICATED IN THE REGULAR AIR A bill (S. 3213) to designate certain land as adjourned until 9:45 a.m. tomorrow, Friday, June 27; that following the FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): components of the National Wilderness Pres- To be major ervation System, to authorize certain pro- prayer and pledge, the Journal of programs and activities in the Department of ceedings be approved to date, the KERI L. AZUAR JEREMY S. BRAGDON the Interior and the Department of Agri- morning hour be deemed expired, the ROBERTO D. CALDERON culture, and for other purposes. time for the two leaders be reserved for STEPHEN J. FENTON TODD W. GRAY A bill (H.R. 3195) to restore the intent and their use later in the day, and the Sen- TODD R. GREGNER protections of the Americans with Disabil- ate proceed to a period of morning GREGG G. MARTYAK ities Act of 1990. TIMOTHY M. ROWLAND business, with Senators permitted to KHURRAM M. SHAHZAD Mr. DODD. Mr. President, I ask unan- speak for up to 10 minutes each; I fur- JONATHAN STREETER DANIEL L. TARBOX imous consent for a second reading en ther ask that the cloture vote on the PAMELA P. WARDDEMO bloc, and I object to my own request en motion to concur with respect to H.R. IN THE MARINE CORPS bloc. 3221 occur at 5:30 p.m. Monday, July 7, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT The PRESIDING OFFICER. Objec- and that the postcloture time count as TO THE GRADE INDICATED IN THE UNITED STATES MA- tion having been heard, the bills will if the vote had occurred at 5 p.m. RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: receive their second reading on the The PRESIDING OFFICER. Without To be lieutenant colonel next legislative day. objection, it is so ordered. BRYAN K. WOOD

VerDate Aug 31 2005 06:47 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00134 Fmt 4624 Sfmt 0634 E:\CR\FM\A26JN6.082 S26JNPT1 wwoods2 on PRODPC60 with SENATE June 26, 2008 CONGRESSIONAL RECORD — SENATE S6307 CONFIRMATIONS G. MURRAY SNOW, OF ARIZONA, TO BE UNITED STATES 2008 withdrawing from further Senate DISTRICT JUDGE FOR THE DISTRICT OF ARIZONA. Executive nominations confirmed by consideration the following nomina- the Senate Thursday, June 26, 2008: f tion: THE JUDICIARY WITHDRAWAL D. JEFFREY HIRSCHBERG, OF WISCONSIN, TO BE A MEMBER OF THE BROADCASTING BOARD OF GOVERNORS WILLIAM T. LAWRENCE, OF INDIANA, TO BE UNITED Executive Message transmitted by FOR A TERM EXPIRING AUGUST 13, 2007, (REAPPOINT- STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT MENT), WHICH WAS SENT TO THE SENATE ON JANUARY 9, OF INDIANA. the President to the Senate on June 26, 2007.

VerDate Aug 31 2005 06:47 Jun 27, 2008 Jkt 069060 PO 00000 Frm 00135 Fmt 4624 Sfmt 9801 E:\CR\FM\A26JN6.041 S26JNPT1 wwoods2 on PRODPC60 with SENATE